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SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 10. The School Code is amended by changing Sections |
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| 24A-2, 24A-4, 24A-5, 24A-7, 34-8.1, 34-85, and 34-85b and by |
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| adding Section 34-85c as follows:
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| (105 ILCS 5/24A-2) (from Ch. 122, par. 24A-2)
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| Sec. 24A-2. Application. The provisions of this Article |
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| shall apply to
all public school districts organized and |
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| operating pursuant to the
provisions of this Code, including |
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| special charter districts and
those school districts operating |
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| in accordance with Article 34 , except that this Section does |
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| not apply to teachers assigned to schools identified in an |
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| agreement entered into between the board of a school district |
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| operating under Article 34 and the exclusive representative of |
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| the district's teachers in accordance with Section 34-85c of |
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| this Code .
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| (Source: P.A. 84-972.)
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| (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
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| Sec. 24A-4. Development and submission of evaluation plan. |
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| As used in
this and the succeeding Sections, "teacher" means |
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| any and all school
district employees regularly required to be |
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| certified under laws relating
to the certification of teachers. |
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| Each school district shall develop, in
cooperation with its |
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| teachers or, where applicable, the exclusive
bargaining |
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| representatives of its teachers, an evaluation plan for all
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| teachers in contractual continued service. The district shall, |
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| no later
than October 1, 1986, submit a copy of its evaluation |
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| plan to the State
Board of Education, which shall review the |
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| plan and make public its
comments thereon, and the district |
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| shall at the same time provide a copy to
the exclusive |
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| bargaining representatives. Whenever any substantive change
is |
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| made in a district's evaluation plan, the new plan shall be |
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| submitted to
the State Board of Education for review and |
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| comment, and the district shall
at the same time provide a copy |
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| of any such new plan to the exclusive
bargaining |
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| representatives. The board of a school district operating under |
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| Article 34 of this Code and the exclusive representative of the |
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| district's teachers shall submit a certified copy of an |
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| agreement entered into under Section 34-85c of this Code to the |
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| State Board of Education, and that agreement shall constitute |
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| the teacher evaluation plan for teachers assigned to schools |
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| identified in that agreement. Whenever any substantive change |
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| is made in an agreement entered into under Section 34-85c of |
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| this Code by the board of a school district operating under |
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| Article 34 of this Code and the exclusive representative of the |
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| district's teachers, the new agreement shall be submitted to |
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| the State Board of Education.
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LRB095 11009 NHT 31321 b |
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| (Source: P.A. 85-1163.)
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| (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
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| Sec. 24A-5. Content of evaluation plans. This Section does |
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| not apply to teachers assigned to schools identified in an |
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| agreement entered into between the board of a school district |
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| operating under Article 34 of this Code and the exclusive |
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| representative of the district's teachers in accordance with |
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| Section 34-85c of this Code.
Each school district to
which this |
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| Article applies shall establish a teacher evaluation plan
which |
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| ensures that each teacher in contractual continued service
is |
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| evaluated at least once in the course of every 2 school years, |
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| beginning
with the 1986-87 school year.
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| The evaluation plan shall comply with the requirements of |
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| this Section and
of any rules adopted by the State Board of |
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| Education pursuant to this Section.
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| The plan shall include a description of each teacher's |
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| duties
and responsibilities and of the standards to which that |
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| teacher
is expected to conform.
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| The plan may provide for evaluation of personnel whose |
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| positions
require administrative certification by independent |
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| evaluators not employed
by or affiliated with the school |
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| district. The results of the school
district administrators' |
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| evaluations shall be reported to the employing
school board, |
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| together with such recommendations for remediation as the
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| evaluator or evaluators may deem appropriate.
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| Evaluation of teachers whose positions do not require |
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| administrative
certification shall be conducted by an |
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| administrator qualified under Section
24A-3, or -- in school |
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| districts having a population exceeding 500,000 --
by either an |
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| administrator qualified under Section 24A-3 or an assistant
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| principal under the supervision of an administrator qualified |
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| under Section
24A-3, and shall include at least the following |
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| components:
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| (a) personal observation of the teacher in the |
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| classroom (on at least
2 different school days in school |
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| districts having a population
exceeding
500,000) by a |
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| district administrator qualified under Section 24A-3, or - |
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| -
in school districts having a population exceeding |
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| 500,000 -- by either an
administrator qualified under |
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| Section 24A-3 or an assistant principal under
the |
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| supervision of an administrator qualified under Section |
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| 24A-3, unless
the teacher has no classroom duties.
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| (b) consideration of the teacher's attendance, |
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| planning, and
instructional methods, classroom management, |
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| where relevant, and
competency in the subject matter |
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| taught, where relevant.
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| (c) rating of the teacher's performance as |
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| "excellent",
"satisfactory" or "unsatisfactory".
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| (d) specification as to the teacher's strengths and |
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| weaknesses, with
supporting reasons for the comments made.
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| (e) inclusion of a copy of the evaluation in the |
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| teacher's personnel
file and provision of a copy to the |
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| teacher.
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| (f) within 30 days after completion of an evaluation |
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| rating a teacher
as "unsatisfactory", development and |
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| commencement by the district, or by an administrator |
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| qualified under Section
24A-3 or an assistant principal |
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| under the supervision of an administrator
qualified under |
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| Section 24A-3 in school districts having a population
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| exceeding 500,000, of a remediation plan designed to |
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| correct deficiencies
cited, provided the deficiencies are |
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| deemed remediable.
In all school districts the
remediation |
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| plan for unsatisfactory, tenured teachers shall
provide |
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| for 90 school days of remediation within the
classroom. In |
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| all school districts evaluations issued pursuant
to
this |
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| Section shall be
issued within 10 days after the conclusion |
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| of the respective remediation plan.
However, the school |
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| board or other governing authority of the district
shall |
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| not lose
jurisdiction to discharge a teacher in the event |
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| the evaluation is not issued
within 10 days after the |
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| conclusion of the respective remediation plan.
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| (g) participation in the remediation plan by the |
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| teacher rated
"unsatisfactory", a district administrator |
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| qualified under Section 24A-3
(or -- in a school district |
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| having a population exceeding 500,000 -- an
administrator |
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| qualified under Section 24A-3 or an assistant principal |
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| under
the supervision of an administrator qualified under |
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| Section 24A-3),
and a consulting teacher, selected by the |
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| participating administrator or by
the principal, or -- in |
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| school districts having a population exceeding
500,000 -- |
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| by an administrator qualified under Section 24A-3 or by an
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| assistant principal under the supervision of an |
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| administrator qualified
under Section 24A-3, of the |
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| teacher who was rated "unsatisfactory", which
consulting |
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| teacher is an educational employee as defined in the |
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| Educational
Labor Relations Act, has at least 5 years' |
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| teaching experience and a
reasonable familiarity with the |
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| assignment of the teacher being evaluated,
and who received |
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| an "excellent" rating on his or her most
recent evaluation. |
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| Where no teachers who meet these criteria are available
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| within the district, the district shall request and the |
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| State Board of
Education shall supply, to participate in |
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| the remediation process, an
individual who meets these |
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| criteria.
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| In a district having a population of less than 500,000 |
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| with an
exclusive bargaining agent, the bargaining agent
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| may, if it so chooses, supply a roster of qualified |
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| teachers from whom the
consulting teacher is to be |
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| selected. That roster shall, however, contain
the names of |
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| at least 5 teachers, each of whom meets the criteria for
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| consulting teacher with regard to the teacher being |
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| evaluated, or the names
of all teachers so qualified if |
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| that number is less than 5. In the event of
a dispute as to |
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LRB095 11009 NHT 31321 b |
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| qualification, the State Board shall determine |
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| qualification.
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| (h) evaluations and ratings once every 30 school days
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| for the 90 school day
remediation period immediately
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| following receipt of a remediation plan provided for under |
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| subsections (f) and (g) of this
Section;
provided that in |
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| school districts having a population
exceeding
500,000
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| there shall be monthly evaluations and ratings for the |
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| first 6 months and
quarterly evaluations and ratings for |
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| the next 6 months immediately
following completion of the |
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| remediation program of a teacher for whom a
remediation |
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| plan has been developed. These subsequent evaluations
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| shall be conducted by the participating administrator, or - |
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| - in school
districts having a population exceeding |
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| 500,000 -- by either the principal
or by an assistant |
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| principal under the supervision of an
administrator |
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| qualified under Section 24A-3. The consulting
teacher |
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| shall provide advice to the teacher rated "unsatisfactory" |
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| on how
to improve teaching skills and to successfully |
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| complete the remediation
plan. The consulting teacher |
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| shall participate in developing the
remediation plan, but |
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| the final decision as to the evaluation shall be done
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| solely by the administrator, or -- in school districts |
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| having a population
exceeding 500,000 -- by either the |
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| principal or by an assistant principal
under the |
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| supervision of an administrator qualified under Section |
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LRB095 11009 NHT 31321 b |
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| 24A-3,
unless an applicable collective bargaining |
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| agreement provides to the contrary.
Teachers in the |
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| remediation process in a school district having a
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| population
exceeding 500,000 are not subject to the annual |
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| evaluations
described in paragraphs (a) through (e) of this |
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| Section. Evaluations at the
conclusion of the remediation |
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| process shall be separate and distinct from the
required |
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| annual evaluations of teachers and shall not be subject to |
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| the
guidelines and procedures relating to those annual |
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| evaluations. The evaluator
may but is not required to use |
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| the forms provided for the annual evaluation of
teachers in |
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| the district's evaluation plan.
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| (i) in school districts having a population of less |
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| than
500,000,
reinstatement to a schedule of biennial |
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| evaluation for any teacher
who completes the 90 school day |
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| remediation plan with a
"satisfactory" or better
rating, |
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| unless the district's plan regularly requires more |
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| frequent
evaluations; and in school districts having a |
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| population exceeding
500,000, reinstatement to a schedule |
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| of biennial evaluation for any teacher
who completes the 90 |
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| school day remediation plan with a "satisfactory" or
better |
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| rating and the one
year intensive review schedule as |
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| provided in paragraph (h) of this Section
with a |
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| "satisfactory" or better rating, unless such district's |
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| plan regularly
requires more frequent evaluations.
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| (j) dismissal in accordance with Section 24-12 or 34-85 |
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SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
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| of The School
Code of any teacher who fails to complete any |
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| applicable remediation plan
with a "satisfactory" or |
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| better rating. Districts and teachers subject to
dismissal |
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| hearings are precluded from compelling the testimony of
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| consulting teachers at such hearings under Section 24-12 or |
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| 34-85, either
as to the rating process or for opinions of |
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| performances by teachers under
remediation.
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| In a district subject to a collective bargaining agreement
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| as of the effective date of this amendatory Act of 1997, any |
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| changes made by this amendatory Act to the provisions of this
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| Section that are contrary to the express terms and provisions |
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| of that
agreement shall go into effect in that district only |
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| upon
expiration of that agreement. Thereafter, collectively |
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| bargained evaluation
plans shall at a minimum meet the |
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| standards of this Article. If such a
district has an evaluation |
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| plan, however, whether pursuant to the
collective bargaining |
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| agreement or otherwise, a copy of that plan shall be
submitted |
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| to the State Board of Education for review and comment, in
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| accordance with Section 24A-4.
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| Nothing in this Section shall be construed as preventing |
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| immediate
dismissal of a teacher for deficiencies which are
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| deemed irremediable or for actions which are injurious to or |
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| endanger the
health or person of students in the classroom or |
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| school. Failure to
strictly comply with the time requirements |
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| contained in Section 24A-5 shall
not invalidate the results of |
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| the remediation plan.
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LRB095 11009 NHT 31321 b |
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98; 90-653, |
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| eff. 7-29-98.)
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| (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
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| Sec. 24A-7. Rules. The State Board of Education is |
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| authorized to adopt such rules as
are deemed necessary to |
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| implement and accomplish the purposes and
provisions of this |
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| Article , except that these rules shall not apply to teachers |
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| assigned to schools identified in an agreement entered into |
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| between the board of a school district operating under Article |
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| 34 of this Code and the exclusive representative of the |
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| district's teachers in accordance with Section 34-85c of this |
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| Code .
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| (Source: P.A. 84-972.)
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| (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
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| Sec. 34-8.1. Principals. Principals shall be employed to |
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| supervise the
operation of each attendance center. Their powers |
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| and duties shall include
but not be limited to the authority |
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| (i) to
direct, supervise, evaluate, and suspend with or without |
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| pay or otherwise
discipline all teachers, assistant |
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| principals, and other employees assigned to
the attendance |
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| center in accordance with board rules and policies and (ii) to
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| direct
all other persons assigned to the
attendance center |
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| pursuant to a contract with a third party to provide services
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| to the school system. The right to employ, discharge, and |
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LRB095 11009 NHT 31321 b |
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| layoff shall be
vested solely with the board, provided that |
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| decisions to
discharge or suspend
non-certified employees, |
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| including disciplinary layoffs, and the
termination of |
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| certified employees from employment pursuant to a layoff
or |
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| reassignment policy are subject to review under the grievance |
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| resolution
procedure adopted pursuant to subsection (c) of |
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| Section 10 of the Illinois
Educational Labor Relations Act. The |
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| grievance resolution procedure
adopted by the board shall |
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| provide for final and binding arbitration, and,
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| notwithstanding any other provision of law to the contrary, the
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| arbitrator's decision may include all make-whole relief, |
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| including without
limitation reinstatement. The principal |
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| shall fill positions by
appointment as provided in this Section |
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| and may make recommendations to the
board regarding the |
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| employment, discharge, or layoff of any individual. The
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| authority of the principal shall include the
authority to |
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| direct the hours during which the attendance center
shall be |
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| open and available for use provided the use complies with board |
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| rules
and policies, to determine when and what operations shall |
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| be conducted within
those hours, and to schedule staff within |
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| those hours. Under the direction of, and subject to the |
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| authority
of the principal, the Engineer In Charge shall
be |
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| accountable for the safe, economical operation of the plant and |
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| grounds
and shall also be responsible for orientation, |
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| training,
and supervising the work of Engineers,
Trainees, |
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| school maintenance assistants, custodial workers and other |
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LRB095 11009 NHT 31321 b |
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| plant
operation employees under his or her direction.
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| There shall be established by the board a system of |
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| semi-annual
evaluations conducted by the principal as to |
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| performance of the engineer in charge. Nothing
in this Section |
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| shall prevent the principal from conducting additional
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| evaluations. An overall
numerical rating shall be given by the |
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| principal based on the evaluation
conducted by the principal. |
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| An unsatisfactory numerical rating shall result in
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| disciplinary
action, which may include, without limitation and |
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| in the judgment of the
principal, loss of
promotion
or bidding |
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| procedure, reprimand, suspension with or without pay, or
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| recommended dismissal. The board shall establish
procedures |
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| for conducting the
evaluation
and reporting the results to the |
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| engineer in charge.
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| Under the direction of, and subject to the authority of, |
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| the principal, the
Food Service Manager is responsible at
all |
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| times for the proper operation and maintenance of the lunch |
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| room to which
he is assigned and shall also be responsible for |
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| the orientation, training, and
supervising the work of cooks, |
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| bakers, porters,
and lunchroom attendants under his or
her |
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| direction.
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| There shall be established by the Board a system of |
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| semi-annual
evaluations conducted by the principal as to the |
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| performance of the food
service manager.
Nothing in this |
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| Section shall prevent the principal from conducting
additional |
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| evaluations. An overall numerical rating shall be given by the
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LRB095 11009 NHT 31321 b |
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| principal based on the
evaluation conducted by the principal. |
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| An unsatisfactory numerical rating
shall
result in |
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| disciplinary action which may include, without limitation and |
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| in
the judgment of the principal, loss of promotion or bidding |
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| procedure,
reprimand, suspension with or without pay, or |
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| recommended dismissal. The board
shall establish rules for |
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| conducting the evaluation and
reporting the results to the food |
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| service manager.
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| Nothing in this Section shall be interpreted to require the |
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| employment or
assignment of an Engineer-In-Charge or a Food |
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| Service Manager for each
attendance center.
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| Principals shall be employed to supervise the educational |
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| operation of
each attendance center. If a principal is absent |
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| due to extended
illness or leave or absence, an assistant |
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| principal may be assigned as
acting principal for a period not |
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| to exceed 100 school days. Each principal
shall assume |
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| administrative responsibility and instructional leadership, in
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| accordance with reasonable rules and regulations of the board, |
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| for the
planning, operation and evaluation of the educational |
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| program of the
attendance center to which he is assigned. The |
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| principal shall submit
recommendations to the general |
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| superintendent concerning the appointment,
dismissal, |
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| retention, promotion, and assignment of all personnel assigned |
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| to
the attendance center; provided, that from and after |
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| September 1, 1989: (i) if
any vacancy occurs in a position at |
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| the
attendance center or if an additional or new position is |
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LRB095 11009 NHT 31321 b |
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| created at the attendance center, that position shall be filled
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| by appointment made by the principal in accordance with |
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| procedures
established and provided by the Board
whenever the |
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| majority of the duties included in that position are to be
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| performed at the attendance center which is under the |
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| principal's supervision,
and each such appointment so made by |
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| the principal
shall be made and based upon merit and ability to |
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| perform in that position
without regard to seniority or length |
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| of service, provided, that such
appointments shall be subject |
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| to the Board's desegregation obligations,
including but not |
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| limited to the Consent Decree and Desegregation Plan in
U.S. v. |
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| Chicago Board of Education; (ii)
the principal shall submit |
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| recommendations based upon merit and ability to
perform in the |
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| particular position, without regard to
seniority or length of |
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| service, to the general
superintendent
concerning the |
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| appointment of any teacher, teacher aide, counselor, clerk,
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| hall guard, security guard and any other personnel which is
to |
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| be made by the general superintendent whenever less than
a |
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| majority
of the duties of that teacher, teacher aide, |
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| counselor, clerk, hall guard,
and security guard and any other |
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| personnel are to be performed
at the attendance center which is |
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| under the principal's supervision; and
(iii) subject to law and |
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| the applicable collective bargaining agreements,
the authority |
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| and responsibilities of a principal with respect to the
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| evaluation of all teachers and other personnel assigned to an |
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| attendance
center shall commence immediately upon his or her |
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SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
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| appointment as principal
of the attendance center, without |
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| regard to the length of time that he or
she has been the |
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| principal of that attendance center.
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| Notwithstanding the existence of any other law of this |
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| State, nothing in
this Act shall prevent the board from |
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| entering into a contract with a third
party for services |
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| currently performed by any employee or bargaining unit
member.
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| Notwithstanding any other provision of this Article, each |
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| principal may
approve contracts, binding on the board, in the |
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| amount of no more than $10,000,
if the contract is endorsed by |
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| the Local School Council.
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| Unless otherwise prohibited by law or by rule of the board, |
13 |
| the principal
shall provide to local
school council members |
14 |
| copies of all
internal audits and any other pertinent |
15 |
| information generated by any audits or
reviews of the programs |
16 |
| and operation of the attendance center.
|
17 |
| Each principal shall hold a valid administrative
|
18 |
| certificate issued or exchanged in accordance with Article 21 |
19 |
| and endorsed
as required by that Article for the position of |
20 |
| principal. The board may
establish or impose academic,
|
21 |
| educational, examination, and experience requirements and
|
22 |
| criteria that are in addition
to those established and required |
23 |
| by Article 21 for issuance of a valid
certificate endorsed for |
24 |
| the position of principal as a condition of the nomination, |
25 |
| selection,
appointment,
employment, or continued employment of |
26 |
| a person as principal of any
attendance center, or as a |
|
|
|
SB1474 Enrolled |
- 16 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| condition of the renewal of any principal's
performance |
2 |
| contract.
|
3 |
| The board shall specify in its formal job description for |
4 |
| principals,
and from and after July 1, 1990 shall specify in |
5 |
| the 4 year
performance contracts for use with respect to all |
6 |
| principals,
that his or her primary responsibility is in the |
7 |
| improvement of
instruction. A majority of the time spent by a |
8 |
| principal shall be spent on
curriculum and staff development |
9 |
| through both formal and informal
activities, establishing |
10 |
| clear lines of communication regarding school
goals, |
11 |
| accomplishments, practices and policies with parents and |
12 |
| teachers.
The principal, with the assistance of the local |
13 |
| school council, shall
develop a school improvement plan as |
14 |
| provided in Section 34-2.4 and, upon
approval of the plan by |
15 |
| the local school council, shall
be responsible for directing |
16 |
| implementation of the plan. The principal,
with the assistance |
17 |
| of the professional personnel leadership committee, shall
|
18 |
| develop the specific methods and contents of the school's |
19 |
| curriculum within
the board's system-wide curriculum standards |
20 |
| and objectives and the
requirements of the school improvement |
21 |
| plan. The board shall ensure that all
principals are evaluated |
22 |
| on their instructional leadership ability and their
ability to |
23 |
| maintain a positive education and learning climate. It shall |
24 |
| also
be the responsibility of the principal to utilize |
25 |
| resources of proper law
enforcement agencies when the safety |
26 |
| and welfare of students and teachers are
threatened by illegal |
|
|
|
SB1474 Enrolled |
- 17 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| use of drugs and alcohol, by illegal use or possession
of |
2 |
| weapons, or by illegal gang activity.
|
3 |
| Nothing in this Section shall prohibit the board and the |
4 |
| exclusive representative of the district's teachers from |
5 |
| entering into an agreement under Section 34-85c of this Code to |
6 |
| establish alternative procedures for teacher evaluation, |
7 |
| remediation, and removal for cause after remediation, |
8 |
| including an alternative system for peer evaluation and |
9 |
| recommendations, for teachers assigned to schools identified |
10 |
| in that agreement.
|
11 |
| On or before October 1, 1989, the Board of Education, in |
12 |
| consultation
with any professional organization representing |
13 |
| principals in the district,
shall promulgate rules and |
14 |
| implement a lottery for the purpose of
determining whether a |
15 |
| principal's existing performance contract (including
the |
16 |
| performance contract applicable to any principal's position in |
17 |
| which a
vacancy then exists) expires on June 30, 1990 or on |
18 |
| June 30, 1991, and
whether the ensuing 4 year performance |
19 |
| contract begins on July 1, 1990 or
July 1, 1991. The Board of |
20 |
| Education shall establish and conduct the
lottery in such |
21 |
| manner that of all the performance contracts of principals
|
22 |
| (including the performance contracts applicable to all |
23 |
| principal positions
in which a vacancy then exists), 50% of |
24 |
| such contracts shall expire on June
30, 1990, and 50% shall |
25 |
| expire on June 30, 1991. All persons serving as
principal on |
26 |
| May 1, 1989, and all persons appointed as principal after May
|
|
|
|
SB1474 Enrolled |
- 18 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner |
2 |
| other than
as provided by Section 34-2.3, shall be deemed by |
3 |
| operation of
law to be serving under a performance contract |
4 |
| which expires on June 30,
1990 or June 30, 1991; and unless |
5 |
| such performance contract of any such
principal is renewed (or |
6 |
| such person is again appointed to serve as
principal) in the |
7 |
| manner provided by Section 34-2.2 or 34-2.3, the
employment of |
8 |
| such person as principal shall terminate on June 30, 1990
or |
9 |
| June 30, 1991.
|
10 |
| Commencing on July 1, 1990, or on July 1, 1991, and |
11 |
| thereafter, the
principal of each attendance center shall be |
12 |
| the person selected in the
manner provided by Section 34-2.3 to |
13 |
| serve as principal of that attendance
center under a 4 year |
14 |
| performance contract. All performance contracts of
principals |
15 |
| expiring after July 1, 1990, or July 1, 1991, shall commence on
|
16 |
| the date specified in the contract, and the renewal of their |
17 |
| performance
contracts and the appointment of principals when |
18 |
| their performance contracts
are not renewed shall be governed |
19 |
| by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office |
20 |
| of a principal occurs for any reason, the vacancy shall
be |
21 |
| filled by the selection of a new principal to serve under a 4 |
22 |
| year
performance contract in the manner provided by Section |
23 |
| 34-2.3.
|
24 |
| The board of education shall develop and prepare, in |
25 |
| consultation with
the organization representing principals, a |
26 |
| performance contract for
use
at all attendance centers, and |
|
|
|
SB1474 Enrolled |
- 19 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| shall furnish the same to each local school
council. The term |
2 |
| of the performance contract shall be 4 years, unless the
|
3 |
| principal is retained by the decision of a hearing officer |
4 |
| pursuant to
subdivision 1.5 of Section 34-2.3, in which case |
5 |
| the contract shall be
extended for 2 years. The performance
|
6 |
| contract of each principal shall consist of the
uniform |
7 |
| performance contract, as developed or from time to time |
8 |
| modified by the
board, and such additional criteria as are |
9 |
| established by a local school
council pursuant to Section |
10 |
| 34-2.3 for the performance contract of its
principal.
|
11 |
| During the term of his or her performance contract, a |
12 |
| principal may be
removed only as provided for in the |
13 |
| performance contract except for cause.
He or she shall also be |
14 |
| obliged to follow the rules of the board of
education |
15 |
| concerning conduct and efficiency.
|
16 |
| In the event the performance contract of a principal is not |
17 |
| renewed or a
principal is not reappointed as principal under a |
18 |
| new performance contract,
or in the event a principal is |
19 |
| appointed to any position of
superintendent or higher position, |
20 |
| or voluntarily
resigns his position of principal, his or her |
21 |
| employment as a principal
shall terminate and such former |
22 |
| principal shall not be
reinstated to the position from which he |
23 |
| or she was promoted to principal,
except that he or she, if |
24 |
| otherwise qualified and certified in accordance
with Article |
25 |
| 21, shall be placed by the board on appropriate eligibility
|
26 |
| lists which it prepares for use in the filling of vacant or |
|
|
|
SB1474 Enrolled |
- 20 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| additional or
newly created positions for teachers. The |
2 |
| principal's total years of
service to the board as both a |
3 |
| teacher and a principal, or in other
professional capacities, |
4 |
| shall be used in calculating years of experience
for purposes |
5 |
| of being selected as a teacher into new, additional or vacant
|
6 |
| positions.
|
7 |
| In the event the performance contract of a principal is not |
8 |
| renewed or
a principal is not reappointed as principal under a |
9 |
| new performance
contract, such principal shall be eligible to |
10 |
| continue to receive his or
her previously provided level of |
11 |
| health insurance benefits for a period of
90 days following the |
12 |
| non-renewal of the contract at no expense to the
principal, |
13 |
| provided that such principal has not retired.
|
14 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-48, eff. 7-1-03; revised |
15 |
| 9-11-03.)
|
16 |
| (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
|
17 |
| Sec. 34-85. Removal for cause; Notice and hearing; |
18 |
| Suspension. No
teacher employed by the board of education shall |
19 |
| (after serving the
probationary period specified in Section |
20 |
| 34-84) be removed
except for cause. Teachers (who have |
21 |
| completed the probationary period specified in Section 34-84 of |
22 |
| this Code) shall be removed for cause in accordance with the |
23 |
| procedures set forth in this Section or such other procedures |
24 |
| established in an agreement entered into between the board and |
25 |
| the exclusive representative of the district's teachers under |
|
|
|
SB1474 Enrolled |
- 21 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| Section 34-85c of this Code for teachers (who have completed |
2 |
| the probationary period specified in Section 34-84 of this |
3 |
| Code) assigned to schools identified in that agreement. No |
4 |
| principal employed by the board of education shall be
removed |
5 |
| during the term of his or her performance contract except for
|
6 |
| cause, which may include but is not limited to the principal's |
7 |
| repeated
failure to implement the school improvement plan or to |
8 |
| comply with the
provisions of the Uniform Performance Contract, |
9 |
| including additional
criteria established by the Council for |
10 |
| inclusion in the performance
contract pursuant to Section |
11 |
| 34-2.3.
|
12 |
| The general superintendent must first approve written |
13 |
| charges and specifications against the
teacher or
principal. A |
14 |
| local school council may direct the
general superintendent to |
15 |
| approve written charges against its principal on behalf of the |
16 |
| Council
upon the vote of 7 members of the Council. The general |
17 |
| superintendent must
approve those charges within 45 days
or |
18 |
| provide a written
reason for not approving those charges. A
|
19 |
| written notice of those charges
shall be served upon the |
20 |
| teacher or principal within 10 days of the
approval of the |
21 |
| charges. If the teacher or principal cannot be found upon |
22 |
| diligent
inquiry, such charges may be served upon him by |
23 |
| mailing a copy thereof in a
sealed envelope by prepaid |
24 |
| certified mail, return receipt requested, to the
teacher's or |
25 |
| principal's last known address. A return receipt showing
|
26 |
| delivery to such address within 20 days after the date of the
|
|
|
|
SB1474 Enrolled |
- 22 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| approval of the charges shall constitute proof of service.
|
2 |
| No hearing upon the charges is required unless the teacher |
3 |
| or principal
within 10
days after receiving notice requests in |
4 |
| writing of the general
superintendent that a hearing
be |
5 |
| scheduled, in which case the general superintendent shall
|
6 |
| schedule a hearing on those
charges before a disinterested |
7 |
| hearing officer on a date no less than 15
nor more than 30 days |
8 |
| after the approval of the charges. The general superintendent |
9 |
| shall forward a copy of the notice to the State Board of
|
10 |
| Education within 5 days from the date of the approval of the |
11 |
| charges.
Within 10 days after receiving the notice of hearing, |
12 |
| the State Board
of
Education shall provide the teacher or |
13 |
| principal and the general
superintendent with a list
of 5 |
14 |
| prospective, impartial hearing officers. Each person on the |
15 |
| list must
be accredited by a national arbitration organization |
16 |
| and have had a minimum
of 5 years of experience as an |
17 |
| arbitrator in cases involving labor and
employment
relations |
18 |
| matters between educational employers and educational |
19 |
| employees or
their exclusive bargaining representatives.
|
20 |
| The general superintendent and the teacher or principal or
|
21 |
| their legal representatives
within 3 days from receipt of the |
22 |
| list shall alternately strike one name
from the list until only |
23 |
| one name remains. Unless waived by the teacher,
the teacher or |
24 |
| principal shall
have the right to proceed first with the |
25 |
| striking. Within 3 days of receipt
of the first list provided |
26 |
| by the State Board of Education, the general
superintendent and |
|
|
|
SB1474 Enrolled |
- 23 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| the teacher or principal or their legal representatives
shall
|
2 |
| each have the right to reject all prospective hearing officers |
3 |
| named on the
first list and to require the State Board of |
4 |
| Education to provide a second list
of 5 prospective, impartial |
5 |
| hearing officers, none of whom were named on the
first list. |
6 |
| Within 5 days after receiving this request for a second list, |
7 |
| the
State Board of Education shall provide the second list of 5 |
8 |
| prospective,
impartial hearing officers. The procedure for |
9 |
| selecting a hearing officer from
the second list shall be the |
10 |
| same as the procedure for the first list. Each
party
shall |
11 |
| promptly
serve written notice on the other of any name stricken |
12 |
| from the list. If
the teacher or principal fails to do so, the |
13 |
| general superintendent may select the hearing
officer from any |
14 |
| name remaining on the list. The teacher or principal
may waive |
15 |
| the hearing at any time prior to the appointment of the hearing
|
16 |
| officer. Notice of the selection of the hearing officer shall |
17 |
| be given
to the State Board of Education. The hearing officer |
18 |
| shall be notified
of his selection by the State Board of |
19 |
| Education. A signed acceptance
shall be filed with the State |
20 |
| Board of Education within 5 days of receipt
of notice of the |
21 |
| selection. The State Board of Education shall notify the
|
22 |
| teacher or principal and the board of its appointment of the |
23 |
| hearing officer.
In the alternative to selecting a hearing |
24 |
| officer from the first or second
list received from the State |
25 |
| Board of Education, the general superintendent and
the teacher |
26 |
| or principal or their legal representatives may mutually agree |
|
|
|
SB1474 Enrolled |
- 24 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| to
select an impartial hearing officer who is not on a list |
2 |
| received from the
State Board of Education, either by direct |
3 |
| appointment by the parties or by
using procedures for the |
4 |
| appointment of an arbitrator established by the
Federal |
5 |
| Mediation and Conciliation Service or the American Arbitration
|
6 |
| Association. The parties shall notify the State Board of |
7 |
| Education of their
intent to select a hearing officer using an |
8 |
| alternative procedure within 3 days
of receipt of a list of |
9 |
| prospective hearing officers provided by the State
Board of |
10 |
| Education. Any person selected by the parties under this |
11 |
| alternative
procedure for the selection of a hearing officer |
12 |
| shall have the same
qualifications and authority as a hearing |
13 |
| officer selected from a list provided
by the State Board of |
14 |
| Education. The teacher or principal may waive the
hearing at |
15 |
| any time prior to the appointment of the hearing officer. The
|
16 |
| State Board of
Education shall
promulgate
uniform
standards and |
17 |
| rules
of procedure for such hearings, including reasonable |
18 |
| rules of discovery.
|
19 |
| The per diem allowance for the hearing officer shall be |
20 |
| paid by the State
Board of Education. The hearing officer shall |
21 |
| hold a hearing and render
findings of fact and a recommendation |
22 |
| to the general superintendent. The teacher or principal has the
|
23 |
| privilege of being present at the hearing with counsel and of
|
24 |
| cross-examining witnesses and may offer evidence and witnesses |
25 |
| and present
defenses to the charges. The hearing officer may |
26 |
| issue subpoenas requiring
the attendance of witnesses and, at |
|
|
|
SB1474 Enrolled |
- 25 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| the request of the teacher or principal
against whom a charge |
2 |
| is made or the general superintendent,
shall issue such |
3 |
| subpoenas, but
the hearing officer may limit the number of |
4 |
| witnesses to be subpoenaed in
behalf of the teacher or |
5 |
| principal or the general superintendent
to not more than 10 |
6 |
| each.
All testimony at the hearing shall be taken under oath |
7 |
| administered by the
hearing officer. The hearing officer shall |
8 |
| cause a record of the
proceedings to be kept and shall employ a |
9 |
| competent reporter to take
stenographic or stenotype notes of |
10 |
| all the testimony. The costs of the
reporter's attendance and |
11 |
| services at the hearing shall be paid by the
State Board of |
12 |
| Education. Either party desiring a transcript of the
hearing |
13 |
| shall pay for the cost thereof.
|
14 |
| Pending the hearing of the charges, the person charged may |
15 |
| be suspended
in accordance with rules prescribed by the board |
16 |
| but such person, if
acquitted, shall not suffer any loss of |
17 |
| salary by reason of the suspension.
|
18 |
| Before service of notice of charges on account of causes |
19 |
| that may be
deemed to be remediable, the teacher or principal |
20 |
| shall be given reasonable
warning in writing, stating |
21 |
| specifically the causes which, if not removed,
may result in |
22 |
| charges; however, no such written warning shall be required
if |
23 |
| the causes have been the subject of a remediation plan pursuant |
24 |
| to
Article 24A or where the board of education and the |
25 |
| exclusive representative of the district's teachers have |
26 |
| entered into an agreement pursuant to Section 34-85c of this |
|
|
|
SB1474 Enrolled |
- 26 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| Code, pursuant to an alternative system of remediation . No |
2 |
| written warning shall be required for conduct on the part of
a |
3 |
| teacher or principal which is cruel, immoral, negligent, or |
4 |
| criminal or which
in any way causes psychological or physical |
5 |
| harm or injury to a student as that
conduct is deemed to be |
6 |
| irremediable. No written warning shall be required for
a |
7 |
| material breach of the uniform principal performance contract |
8 |
| as that conduct
is deemed to be irremediable; provided however, |
9 |
| that not less than 30 days
before the vote of the local school |
10 |
| council to seek the dismissal of a
principal for a material |
11 |
| breach of a uniform principal performance contract,
the local |
12 |
| school council shall specify the nature of the alleged breach |
13 |
| in
writing and provide a copy of it to the principal.
|
14 |
| The hearing officer shall consider and give weight to all |
15 |
| of the
teacher's evaluations written pursuant to Article 24A.
|
16 |
| The hearing officer shall within 45 days from the |
17 |
| conclusion of the hearing
report to the general superintendent |
18 |
| findings of fact and a recommendation as to whether or not the |
19 |
| teacher or principal shall
be dismissed and shall give a copy |
20 |
| of the report to both the
teacher or
principal and the general |
21 |
| superintendent. The board, within 45
days of receipt of the |
22 |
| hearing officer's findings of fact and recommendation,
shall |
23 |
| make a decision as to whether the teacher or principal shall be |
24 |
| dismissed
from its employ. The failure of the board to strictly |
25 |
| adhere to the timeliness
contained herein shall not render it |
26 |
| without jurisdiction to dismiss the
teacher
or principal. If |
|
|
|
SB1474 Enrolled |
- 27 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| the hearing
officer fails to render a decision within 45 days, |
2 |
| the State Board of
Education shall communicate with the hearing |
3 |
| officer to determine the date that
the parties can reasonably |
4 |
| expect to receive the decision. The State Board of
Education |
5 |
| shall provide copies of all such communications to the parties. |
6 |
| In
the event the hearing officer fails without good cause
to |
7 |
| make a decision within the 45 day period, the name of such |
8 |
| hearing
officer
shall be struck for a period not less than 24 |
9 |
| months from the master
list
of hearing officers maintained by |
10 |
| the State Board of Education. The board
shall not lose |
11 |
| jurisdiction to discharge the teacher or principal if the
|
12 |
| hearing officer fails to render a decision within the time |
13 |
| specified in this
Section. If a hearing officer fails to render |
14 |
| a decision within 3 months after
the hearing is declared |
15 |
| closed, the State Board of Education shall provide the
parties |
16 |
| with a new list of prospective, impartial hearing officers, |
17 |
| with the
same qualifications provided herein, one of whom shall |
18 |
| be selected, as provided
in this Section, to rehear the charges |
19 |
| heard by the hearing officer who failed
to render a decision. |
20 |
| The parties may also select a hearing officer pursuant
to the |
21 |
| alternative procedure, as provided in this Section, to rehear |
22 |
| the
charges heard by the hearing officer who failed to render a |
23 |
| decision. A
violation of the professional standards set forth |
24 |
| in "The Code of
Professional Responsibility for Arbitrators of |
25 |
| Labor-Management Disputes",
of the National Academy of |
26 |
| Arbitrators, the American Arbitration
Association, and the |
|
|
|
SB1474 Enrolled |
- 28 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| Federal Mediation and Conciliation Service, or the
failure of a |
2 |
| hearing officer to render a decision within 3 months after the
|
3 |
| hearing is declared closed shall be grounds for removal of the |
4 |
| hearing
officer from the master list of
hearing officers |
5 |
| maintained by the State Board of Education. The decision
of the |
6 |
| board is final unless reviewed as provided in
Section
34-85b of |
7 |
| this Act.
|
8 |
| In the event judicial review is instituted, any costs of |
9 |
| preparing and
filing the record of proceedings shall be paid by |
10 |
| the party instituting
the review. If a decision of the board
|
11 |
| hearing officer is adjudicated upon review
or appeal in favor |
12 |
| of the teacher or principal, then the trial court shall
order |
13 |
| reinstatement and shall determine the amount for which the |
14 |
| board is
liable including but not limited to loss of income and |
15 |
| costs incurred therein.
Nothing in this Section affects the |
16 |
| validity of removal for cause hearings
commenced prior to the |
17 |
| effective date of this amendatory Act of 1978.
|
18 |
| (Source: P.A. 89-15, eff. 5-30-95.)
|
19 |
| (105 ILCS 5/34-85b) (from Ch. 122, par. 34-85b)
|
20 |
| Sec. 34-85b. The provisions of the Administrative Review |
21 |
| Law, and all
amendments and modifications thereof and
the rules |
22 |
| adopted pursuant thereto, shall apply to and govern all
|
23 |
| proceedings instituted for the judicial review by either the |
24 |
| employee, teacher, or
a principal or the board of final |
25 |
| administrative decisions of the board
hearing
officer under |
|
|
|
SB1474 Enrolled |
- 29 - |
LRB095 11009 NHT 31321 b |
|
|
1 |
| Sections 34-15 and
34-85 of this Act. The term
"administrative |
2 |
| decision" is defined as in Section 3-101 of the Code of Civil |
3 |
| Procedure.
|
4 |
| (Source: P.A. 82-783.)
|
5 |
| (105 ILCS 5/34-85c new) |
6 |
| Sec. 34-85c. Alternative procedures for teacher |
7 |
| evaluation, remediation, and removal for cause after |
8 |
| remediation. |
9 |
| (a) Notwithstanding any law to the contrary, the board and |
10 |
| the exclusive representative of the district's teachers are |
11 |
| hereby authorized to enter into an agreement to establish |
12 |
| alternative procedures for teacher evaluation, remediation, |
13 |
| and removal for cause after remediation, including an |
14 |
| alternative system for peer evaluation and recommendations. |
15 |
| Pursuant exclusively to that agreement, teachers assigned to |
16 |
| schools identified in that agreement shall be subject to an |
17 |
| alternative performance evaluation plan and remediation |
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| procedures in lieu of the plan and procedures set forth in |
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| Article 24A of this Code and alternative removal for cause |
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| standards and procedures in lieu of the removal standards and |
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| procedures set forth in Sections 34-85 and 34-85b of this Code. |
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| To the extent that the agreement provides a teacher with an |
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| opportunity for a hearing on removal for cause before an |
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| independent hearing officer in accordance with Sections 34-85 |
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| and 34-85b or otherwise, the hearing officer shall be governed |
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SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
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| by the alternative performance evaluation plan, remediation |
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| procedures, and removal standards and procedures set forth in |
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| the agreement in making findings of fact and a recommendation. |
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| (b) The board and the exclusive representative of the |
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| district's teachers shall submit a certified copy of an |
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| agreement as provided under subsection (a) of this Section to |
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| the State Board of Education.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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