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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 Sections | ||||||
5 | 10-23.5 and 24-11 as follows:
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6 | (105 ILCS 5/10-23.5) (from Ch. 122, par. 10-23.5)
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7 | Sec. 10-23.5. Educational support personnel employees. | ||||||
8 | (a) To employ such
educational support personnel employees | ||||||
9 | as it deems advisable and to define
their employment duties; | ||||||
10 | provided that residency within any school district
shall not | ||||||
11 | be considered in determining the employment or the | ||||||
12 | compensation of
any such employee, or whether to retain, | ||||||
13 | promote, assign or transfer such
employee. If an educational | ||||||
14 | support personnel employee is removed or dismissed
or the | ||||||
15 | hours he or she works are reduced as a result of a decision of | ||||||
16 | the school board (i) to decrease the number of
educational | ||||||
17 | support personnel employees employed by the board or (ii) to | ||||||
18 | discontinue
some particular type of educational support | ||||||
19 | service, written notice shall be
mailed to the employee and | ||||||
20 | also given to the employee either by certified mail,
return | ||||||
21 | receipt requested, or personal delivery with receipt, at least | ||||||
22 | 30 days before the employee is removed or dismissed or the | ||||||
23 | hours he or she works are reduced, together with a statement of |
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1 | honorable dismissal and the reason
therefor if applicable. | ||||||
2 | However, if a reduction in hours is due to an unforeseen | ||||||
3 | reduction in the student population, then the written notice | ||||||
4 | must be mailed and given to the employee at least 5 days before | ||||||
5 | the hours are reduced. The employee with the shorter length of | ||||||
6 | continuing service with the
district, within the respective | ||||||
7 | category of position, shall be dismissed first
unless an | ||||||
8 | alternative method of determining the sequence of dismissal is
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9 | established in a collective bargaining agreement or contract | ||||||
10 | between the
board and any exclusive bargaining agent and | ||||||
11 | except that this provision shall
not impair the operation of | ||||||
12 | any affirmative action program in the district,
regardless of | ||||||
13 | whether it exists by operation of law or is conducted on a
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14 | voluntary basis by the board. If the board has any vacancies | ||||||
15 | for the following
school term or within one calendar year from | ||||||
16 | the beginning of the following
school term, the positions | ||||||
17 | thereby becoming available within a specific
category of | ||||||
18 | position shall be tendered to the employees so removed or | ||||||
19 | dismissed
from that category or any other category of | ||||||
20 | position, so far as they are qualified to hold such
positions. | ||||||
21 | Each board shall, in consultation with any exclusive employee
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22 | representative or bargaining agent, each year establish a | ||||||
23 | list, categorized
by positions, showing the length of | ||||||
24 | continuing service of each full time
educational support | ||||||
25 | personnel employee who is qualified to hold any such
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26 | positions, unless an alternative method of determining a |
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1 | sequence of dismissal
is established as
provided for in this | ||||||
2 | Section, in which case a list shall be made in
accordance with | ||||||
3 | the alternative method. Copies of the list shall be
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4 | distributed to the exclusive employee representative or | ||||||
5 | bargaining agent on
or before February 1 of each year. | ||||||
6 | If an educational support personnel employee is removed or | ||||||
7 | dismissed as a result of a decision of the board to decrease | ||||||
8 | the number of educational support personnel employed by the | ||||||
9 | board or to discontinue some particular type of educational | ||||||
10 | support service and he or she accepts the tender of a vacancy | ||||||
11 | within one calendar year from the beginning of the following | ||||||
12 | school term, then that employee shall maintain any rights | ||||||
13 | accrued during his or her previous service with the school | ||||||
14 | district. | ||||||
15 | Where an educational support personnel
employee is | ||||||
16 | dismissed by the board as a result of a
decrease in the number | ||||||
17 | of employees or the discontinuance of the employee's
job, the | ||||||
18 | employee shall be paid all earned compensation on or before | ||||||
19 | the
next regular pay date following his or her last day of | ||||||
20 | employment.
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21 | The provisions of this amendatory Act of 1986 relating to | ||||||
22 | residency
within any school district shall not apply to cities | ||||||
23 | having a population
exceeding 500,000 inhabitants.
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24 | (b) In the case of a new school district or districts | ||||||
25 | formed in accordance with Article 11E of this Code, a school | ||||||
26 | district or districts that annex all of the territory of one or |
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1 | more entire other school districts in accordance with Article | ||||||
2 | 7 of this Code, or a school district receiving students from a | ||||||
3 | deactivated school facility in accordance with Section | ||||||
4 | 10-22.22b of this Code, or a special education cooperative | ||||||
5 | that dissolves or reorganizes in accordance with Section | ||||||
6 | 10-22.31 of this Code, the employment of educational support | ||||||
7 | personnel in the new, annexing, or receiving school district | ||||||
8 | immediately following the reorganization shall be governed by | ||||||
9 | this subsection (b). Lists of the educational support | ||||||
10 | personnel employed in the individual districts or special | ||||||
11 | education cooperative for the school year immediately prior to | ||||||
12 | the effective date of the new district or districts, | ||||||
13 | annexation, or deactivation , dissolution, or reorganization | ||||||
14 | shall be combined for the districts forming the new district | ||||||
15 | or districts, for the annexed and annexing districts, or for | ||||||
16 | the deactivating and receiving districts, or for the | ||||||
17 | dissolving or reorganizing special education cooperative, as | ||||||
18 | the case may be. The combined list shall be categorized by | ||||||
19 | positions, showing the length of continuing service of each | ||||||
20 | full-time educational support personnel employee who is | ||||||
21 | qualified to hold any such position. If there are more | ||||||
22 | full-time educational support personnel employees on the | ||||||
23 | combined list than there are available positions in the new, | ||||||
24 | annexing, or receiving school district, then the employing | ||||||
25 | school board shall first remove or dismiss those educational | ||||||
26 | support personnel employees with the shorter length of |
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1 | continuing service within the respective category of position, | ||||||
2 | following the procedures outlined in subsection (a) of this | ||||||
3 | Section. In the case of a special education cooperative that | ||||||
4 | dissolves or reorganizes, the districts that are parties to | ||||||
5 | the joint agreement shall follow the procedures outlined in | ||||||
6 | subsection (a) of this Section. The employment and position of | ||||||
7 | each educational support personnel employee on the combined | ||||||
8 | list not so removed or dismissed shall be transferred to the | ||||||
9 | new, annexing, or receiving school board, and the new, | ||||||
10 | annexing, or receiving school board is subject to this Code | ||||||
11 | with respect to any educational support personnel employee so | ||||||
12 | transferred as if the educational support personnel employee | ||||||
13 | had been the new, annexing, or receiving board's employee | ||||||
14 | during the time the educational support personnel employee was | ||||||
15 | actually employed by the school board of the district from | ||||||
16 | which the employment and position were transferred. | ||||||
17 | The changes made by Public Act 95-148
shall not apply to | ||||||
18 | the formation of a new district or districts in accordance | ||||||
19 | with Article 11E of this Code, the annexation of one or more | ||||||
20 | entire districts in accordance with Article 7 of this Code, or | ||||||
21 | the deactivation of a school facility in accordance with | ||||||
22 | Section 10-22.22b of this Code effective on or before July 1, | ||||||
23 | 2007.
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24 | (Source: P.A. 101-46, eff. 7-12-19.)
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25 | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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1 | Sec. 24-11. Boards of Education - Boards of School | ||||||
2 | Inspectors -
Contractual continued service. | ||||||
3 | (a) As used in this and the succeeding
Sections of this | ||||||
4 | Article:
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5 | "Teacher" means any or all school district employees | ||||||
6 | regularly required to be licensed
under laws relating to the | ||||||
7 | licensure of teachers.
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8 | "Board" means board of directors, board of education, or | ||||||
9 | board of school
inspectors, as the case may be.
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10 | "School term" means that portion of the school year, July | ||||||
11 | 1 to the following
June 30, when school is in actual session.
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12 | "Program" means a program of a special education joint | ||||||
13 | agreement. | ||||||
14 | "Program of a special education joint agreement" means | ||||||
15 | instructional, consultative, supervisory, administrative, | ||||||
16 | diagnostic, and related services that are managed by a special | ||||||
17 | educational joint agreement designed to service 2 or more | ||||||
18 | school districts that are members of the joint agreement. | ||||||
19 | "PERA implementation date" means the implementation date | ||||||
20 | of an evaluation system for teachers as specified by Section | ||||||
21 | 24A-2.5 of this Code for all schools within a school district | ||||||
22 | or all programs of a special education joint agreement. | ||||||
23 | (b) This Section and Sections 24-12 through 24-16 of this | ||||||
24 | Article apply only to
school districts having less than | ||||||
25 | 500,000 inhabitants.
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26 | (c) Any teacher who is first employed as a full-time |
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1 | teacher in a school district or program prior to the PERA | ||||||
2 | implementation date and who is employed in that district or | ||||||
3 | program for
a probationary period of 4 consecutive school | ||||||
4 | terms shall enter upon
contractual continued service in the | ||||||
5 | district or in all of the programs that the teacher is legally | ||||||
6 | qualified to hold, unless the teacher is given written notice | ||||||
7 | of dismissal by certified mail, return receipt requested, by
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8 | the employing board at least 45 days before the end of any | ||||||
9 | school term within such
period.
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10 | (d) For any teacher who is first employed as a full-time | ||||||
11 | teacher in a school district or program on or after the PERA | ||||||
12 | implementation date, the probationary period shall be one of | ||||||
13 | the following periods, based upon the teacher's school terms | ||||||
14 | of service and performance, before the teacher shall enter | ||||||
15 | upon contractual continued service in the district or in all | ||||||
16 | of the programs that the teacher is legally qualified to hold, | ||||||
17 | unless the teacher is given written notice of dismissal by | ||||||
18 | certified mail, return receipt requested, by the employing | ||||||
19 | board at least 45 days before the end of any school term within | ||||||
20 | such period: | ||||||
21 | (1) 4 consecutive school terms of service in which the | ||||||
22 | teacher receives overall annual evaluation ratings of at | ||||||
23 | least "Proficient" in the last school term and at least | ||||||
24 | "Proficient" in either the second or third school term; | ||||||
25 | (2) 3 consecutive school terms of service in which the | ||||||
26 | teacher receives 3 overall annual evaluations of |
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1 | "Excellent"; or | ||||||
2 | (3) 2 consecutive school terms of service in which the | ||||||
3 | teacher receives 2 overall annual evaluations of | ||||||
4 | "Excellent" service, but only if the teacher (i) | ||||||
5 | previously attained contractual continued service in a | ||||||
6 | different school district or program in this State, (ii) | ||||||
7 | voluntarily departed or was honorably dismissed from that | ||||||
8 | school district or program in the school term immediately | ||||||
9 | prior to the teacher's first school term of service | ||||||
10 | applicable to the attainment of contractual continued | ||||||
11 | service under this subdivision (3), and (iii) received, in | ||||||
12 | his or her 2 most recent overall annual or biennial | ||||||
13 | evaluations from the prior school district or program, | ||||||
14 | ratings of at least "Proficient", with both such ratings | ||||||
15 | occurring after the school district's or program's PERA | ||||||
16 | implementation date. For a teacher to attain contractual | ||||||
17 | continued service under this subdivision (3), the teacher | ||||||
18 | shall provide official copies of his or her 2 most recent | ||||||
19 | overall annual or biennial evaluations from the prior | ||||||
20 | school district or program to the new school district or | ||||||
21 | program within 60 days from the teacher's first day of | ||||||
22 | service with the new school district or program. The prior | ||||||
23 | school district or program must provide the teacher with | ||||||
24 | official copies of his or her 2 most recent overall annual | ||||||
25 | or biennial evaluations within 14 days after the teacher's | ||||||
26 | request. If a teacher has requested such official copies |
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1 | prior to 45 days after the teacher's first day of service | ||||||
2 | with the new school district or program and the teacher's | ||||||
3 | prior school district or program fails to provide the | ||||||
4 | teacher with the official copies required under this | ||||||
5 | subdivision (3), then the time period for the teacher to | ||||||
6 | submit the official copies to his or her new school | ||||||
7 | district or program must be extended until 14 days after | ||||||
8 | receipt of such copies from the prior school district or | ||||||
9 | program. If the prior school district or program fails to | ||||||
10 | provide the teacher with the official copies required | ||||||
11 | under this subdivision (3) within 90 days from the | ||||||
12 | teacher's first day of service with the new school | ||||||
13 | district or program, then the new school district or | ||||||
14 | program shall rely upon the teacher's own copies of his or | ||||||
15 | her evaluations for purposes of this subdivision (3). | ||||||
16 | If the teacher does not receive overall annual evaluations | ||||||
17 | of "Excellent" in the school terms necessary for eligibility | ||||||
18 | to achieve accelerated contractual continued service in | ||||||
19 | subdivisions (2) and (3) of this subsection (d), the teacher | ||||||
20 | shall be eligible for contractual continued service pursuant | ||||||
21 | to subdivision (1) of this subsection (d). If, at the | ||||||
22 | conclusion of 4 consecutive school terms of service that count | ||||||
23 | toward attainment of contractual continued service, the | ||||||
24 | teacher's performance does not qualify the teacher for | ||||||
25 | contractual continued service under subdivision (1) of this | ||||||
26 | subsection (d), then the teacher shall not enter upon |
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1 | contractual continued service and shall be dismissed. If a | ||||||
2 | performance evaluation is not conducted for any school term | ||||||
3 | when such evaluation is required to be conducted under Section | ||||||
4 | 24A-5 of this Code, then the teacher's performance evaluation | ||||||
5 | rating for such school term for purposes of determining the | ||||||
6 | attainment of contractual continued service shall be deemed | ||||||
7 | "Proficient", except that, during any time in which the | ||||||
8 | Governor has declared a disaster due to a public health | ||||||
9 | emergency pursuant to Section 7 of the Illinois Emergency | ||||||
10 | Management Agency Act, this default to "Proficient" does not | ||||||
11 | apply to any teacher who has entered into contractual | ||||||
12 | continued service and who was deemed "Excellent" on his or her | ||||||
13 | most recent evaluation. During any time in which the Governor | ||||||
14 | has declared a disaster due to a public health emergency | ||||||
15 | pursuant to Section 7 of the Illinois Emergency Management | ||||||
16 | Agency Act and unless the school board and any exclusive | ||||||
17 | bargaining representative have completed the performance | ||||||
18 | rating for teachers or mutually agreed to an alternate | ||||||
19 | performance rating, any teacher who has entered into | ||||||
20 | contractual continued service, whose most recent evaluation | ||||||
21 | was deemed "Excellent", and whose performance evaluation is | ||||||
22 | not conducted when the evaluation is required to be conducted | ||||||
23 | shall receive a teacher's performance rating deemed | ||||||
24 | "Excellent". A school board and any exclusive bargaining | ||||||
25 | representative may mutually agree to an alternate performance | ||||||
26 | rating for teachers not in contractual continued service |
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1 | during any time in which the Governor has declared a disaster | ||||||
2 | due to a public health emergency pursuant to Section 7 of the | ||||||
3 | Illinois Emergency Management Agency Act, as long as the | ||||||
4 | agreement is in writing. | ||||||
5 | (e) For the purposes of determining contractual continued | ||||||
6 | service, a school term shall be counted only toward attainment | ||||||
7 | of contractual continued service if the teacher actually | ||||||
8 | teaches or is otherwise present and participating in the | ||||||
9 | district's or program's educational program for 120 days or | ||||||
10 | more, provided that the days of leave under the federal Family | ||||||
11 | Medical Leave Act that the teacher is required to take until | ||||||
12 | the end of the school term shall be considered days of teaching | ||||||
13 | or participation in the district's or program's educational | ||||||
14 | program. A school term that is not counted toward attainment | ||||||
15 | of contractual continued service shall not be considered a | ||||||
16 | break in service for purposes of determining whether a teacher | ||||||
17 | has been employed for 4 consecutive school terms, provided | ||||||
18 | that the teacher actually teaches or is otherwise present and | ||||||
19 | participating in the district's or program's educational | ||||||
20 | program in the following school term. | ||||||
21 | (f) If the employing board determines to dismiss the | ||||||
22 | teacher in the last year of the probationary period as | ||||||
23 | provided in subsection (c) of this Section or subdivision (1) | ||||||
24 | or (2) of subsection (d) of this Section, but not subdivision | ||||||
25 | (3) of subsection (d) of this Section, the written notice of | ||||||
26 | dismissal provided by the employing board must contain |
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1 | specific reasons for dismissal. Any full-time teacher who does | ||||||
2 | not receive written notice from the employing board at least | ||||||
3 | 45 days before the end of any school term as provided in this | ||||||
4 | Section and whose performance does not require dismissal after | ||||||
5 | the fourth probationary year pursuant to subsection (d) of | ||||||
6 | this Section shall be re-employed for the following school | ||||||
7 | term.
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8 | (g) Contractual continued service shall continue in effect | ||||||
9 | the terms and
provisions of the contract with the teacher | ||||||
10 | during the last school term
of the probationary period, | ||||||
11 | subject to this Act and the lawful
regulations of the | ||||||
12 | employing board. This Section and succeeding Sections
do not | ||||||
13 | modify any existing power of the board except with respect to | ||||||
14 | the
procedure of the discharge of a teacher and reductions in | ||||||
15 | salary as
hereinafter provided. Contractual continued service | ||||||
16 | status shall not
restrict the power of the board to transfer a | ||||||
17 | teacher to a position
which the teacher is qualified to fill or | ||||||
18 | to make such salary
adjustments as it deems desirable, but | ||||||
19 | unless reductions in salary are
uniform or based upon some | ||||||
20 | reasonable classification, any teacher whose
salary is reduced | ||||||
21 | shall be entitled to a notice and a hearing as
hereinafter | ||||||
22 | provided in the case of certain dismissals or removals.
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23 | (h) If, by reason of any change in the boundaries of school | ||||||
24 | districts , by reason of a special education cooperative | ||||||
25 | reorganization or dissolution in accordance with Section | ||||||
26 | 10-22.31 of this Code, or by reason of the creation of a new |
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1 | school district, the position held by any teacher having a | ||||||
2 | contractual continued service status is transferred from one | ||||||
3 | board to the control of a new or different board, then the | ||||||
4 | contractual continued service status of the teacher is not | ||||||
5 | thereby lost, and such new or different board is subject to | ||||||
6 | this Code with respect to the teacher in the same manner as if | ||||||
7 | the teacher were its employee and had been its employee during | ||||||
8 | the time the teacher was actually employed by the board from | ||||||
9 | whose control the position was transferred. | ||||||
10 | (i) The employment of any teacher in a program of a special | ||||||
11 | education joint
agreement established under Section 3-15.14, | ||||||
12 | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | ||||||
13 | Sections of this Article. For purposes of
attaining and | ||||||
14 | maintaining contractual continued service and computing
length | ||||||
15 | of continuing service as referred to in this Section and | ||||||
16 | Section
24-12, employment in a special educational joint | ||||||
17 | program shall be deemed a
continuation of all previous | ||||||
18 | licensed employment of such teacher for
such joint agreement | ||||||
19 | whether the employer of the teacher was the joint
agreement, | ||||||
20 | the regional superintendent, or one of the participating
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21 | districts in the joint agreement.
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22 | (j) For any teacher employed after July 1, 1987 as a | ||||||
23 | full-time teacher in a program of a special education joint | ||||||
24 | agreement, whether the program is operated by the joint | ||||||
25 | agreement or a member district on behalf of the joint | ||||||
26 | agreement, in the event of a reduction in the number of |
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1 | programs or positions in the joint agreement in which the | ||||||
2 | notice of dismissal is provided on or before the end of the | ||||||
3 | 2010-2011 school term, the teacher in contractual continued | ||||||
4 | service is eligible for employment in the joint agreement | ||||||
5 | programs for which the teacher is legally qualified in order | ||||||
6 | of greater length of continuing service in the joint | ||||||
7 | agreement, unless an alternative method of determining the | ||||||
8 | sequence of dismissal is established in a collective | ||||||
9 | bargaining agreement. For any teacher employed after July 1, | ||||||
10 | 1987 as a full-time teacher in a program of a special education | ||||||
11 | joint agreement, whether the program is operated by the joint | ||||||
12 | agreement or a member district on behalf of the joint | ||||||
13 | agreement, in the event of a reduction in the number of | ||||||
14 | programs or positions in the joint agreement in which the | ||||||
15 | notice of dismissal is provided during the 2011-2012 school | ||||||
16 | term or a subsequent school term, the teacher shall be | ||||||
17 | included on the honorable dismissal lists of all joint | ||||||
18 | agreement programs for positions for which the teacher is | ||||||
19 | qualified and is eligible for employment in such programs in | ||||||
20 | accordance with subsections (b) and (c) of Section 24-12 of | ||||||
21 | this Code and the applicable honorable dismissal policies of | ||||||
22 | the joint agreement. | ||||||
23 | (k) For any teacher employed after July 1, 1987 as a | ||||||
24 | full-time teacher in a program of a special education joint | ||||||
25 | agreement, whether the program is operated by the joint | ||||||
26 | agreement or a member district on behalf of the joint |
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1 | agreement, in the event of the dissolution of a joint | ||||||
2 | agreement, in which the notice to teachers of the dissolution | ||||||
3 | is provided during the 2010-2011 school term, the teacher in | ||||||
4 | contractual continued service who is legally qualified shall | ||||||
5 | be assigned to any comparable position in a member district | ||||||
6 | currently held by a teacher who has not entered upon | ||||||
7 | contractual continued service or held by a teacher who has | ||||||
8 | entered upon contractual continued service with a shorter | ||||||
9 | length of contractual continued service. Any teacher employed | ||||||
10 | after July 1, 1987 as a full-time teacher in a program of a | ||||||
11 | special education joint agreement, whether the program is | ||||||
12 | operated by the joint agreement or a member district on behalf | ||||||
13 | of the joint agreement, in the event of the dissolution of a | ||||||
14 | joint agreement in which the notice to teachers of the | ||||||
15 | dissolution is provided during the 2011-2012 school term or a | ||||||
16 | subsequent school term, the teacher who is qualified shall be | ||||||
17 | included on the order of honorable dismissal lists of each | ||||||
18 | member district and shall be assigned to any comparable | ||||||
19 | position in any such district in accordance with subsections | ||||||
20 | (b) and (c) of Section 24-12 of this Code and the applicable | ||||||
21 | honorable dismissal policies of each member district.
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22 | (l) The governing board of the joint agreement, or the | ||||||
23 | administrative
district, if so authorized by the articles of | ||||||
24 | agreement of the joint
agreement, rather than the board of | ||||||
25 | education of a school district, may
carry out employment and | ||||||
26 | termination actions including dismissals under
this Section |
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1 | and Section 24-12.
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2 | (m) The employment of any teacher in a special education | ||||||
3 | program
authorized by Section 14-1.01 through 14-14.01, or a | ||||||
4 | joint educational
program established under Section 10-22.31a, | ||||||
5 | shall be under this and the
succeeding Sections of this | ||||||
6 | Article, and such employment shall be deemed
a continuation of | ||||||
7 | the previous employment of such teacher in any of the
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8 | participating districts, regardless of the participation of | ||||||
9 | other
districts in the program. | ||||||
10 | (n) Any teacher employed as a full-time teacher in
a | ||||||
11 | special education program prior to September 23, 1987 in which | ||||||
12 | 2 or
more school districts
participate for a probationary | ||||||
13 | period of 2 consecutive years shall enter
upon contractual | ||||||
14 | continued service in each of the participating
districts, | ||||||
15 | subject to this and the succeeding Sections of this Article,
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16 | and, notwithstanding Section 24-1.5 of this Code, in the event | ||||||
17 | of the termination of the program shall be eligible for
any | ||||||
18 | vacant position in any of such districts for which such | ||||||
19 | teacher is
qualified.
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20 | (Source: P.A. 101-643, eff. 6-18-20; 102-552, eff. 1-1-22 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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