SB2218 EnrolledLRB103 25407 RJT 51754 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
524-12 as follows:
 
6    (105 ILCS 5/24-12)  (from Ch. 122, par. 24-12)
7    Sec. 24-12. Removal or dismissal of teachers in
8contractual continued service.
9    (a) This subsection (a) applies only to honorable
10dismissals and recalls in which the notice of dismissal is
11provided on or before the end of the 2010-2011 school term. If
12a teacher in contractual continued service is removed or
13dismissed as a result of a decision of the board to decrease
14the number of teachers employed by the board or to discontinue
15some particular type of teaching service, written notice shall
16be mailed to the teacher and also given the teacher either by
17certified mail, return receipt requested or personal delivery
18with receipt at least 60 days before the end of the school
19term, together with a statement of honorable dismissal and the
20reason therefor, and in all such cases the board shall first
21remove or dismiss all teachers who have not entered upon
22contractual continued service before removing or dismissing
23any teacher who has entered upon contractual continued service

 

 

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1and who is legally qualified to hold a position currently held
2by a teacher who has not entered upon contractual continued
3service.
4    As between teachers who have entered upon contractual
5continued service, the teacher or teachers with the shorter
6length of continuing service with the district shall be
7dismissed first unless an alternative method of determining
8the sequence of dismissal is established in a collective
9bargaining agreement or contract between the board and a
10professional faculty members' organization and except that
11this provision shall not impair the operation of any
12affirmative action program in the district, regardless of
13whether it exists by operation of law or is conducted on a
14voluntary basis by the board. Any teacher dismissed as a
15result of such decrease or discontinuance shall be paid all
16earned compensation on or before the third business day
17following the last day of pupil attendance in the regular
18school term.
19    If the board has any vacancies for the following school
20term or within one calendar year from the beginning of the
21following school term, the positions thereby becoming
22available shall be tendered to the teachers so removed or
23dismissed so far as they are legally qualified to hold such
24positions; provided, however, that if the number of honorable
25dismissal notices based on economic necessity exceeds 15% of
26the number of full-time equivalent positions filled by

 

 

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1certified employees (excluding principals and administrative
2personnel) during the preceding school year, then if the board
3has any vacancies for the following school term or within 2
4calendar years from the beginning of the following school
5term, the positions so becoming available shall be tendered to
6the teachers who were so notified and removed or dismissed
7whenever they are legally qualified to hold such positions.
8Each board shall, in consultation with any exclusive employee
9representatives, each year establish a list, categorized by
10positions, showing the length of continuing service of each
11teacher who is qualified to hold any such positions, unless an
12alternative method of determining a sequence of dismissal is
13established as provided for in this Section, in which case a
14list shall be made in accordance with the alternative method.
15Copies of the list shall be distributed to the exclusive
16employee representative on or before February 1 of each year.
17Whenever the number of honorable dismissal notices based upon
18economic necessity exceeds 5, or 150% of the average number of
19teachers honorably dismissed in the preceding 3 years,
20whichever is more, then the board also shall hold a public
21hearing on the question of the dismissals. Following the
22hearing and board review, the action to approve any such
23reduction shall require a majority vote of the board members.
24    (b) This subsection (b) applies only to honorable
25dismissals and recalls in which the notice of dismissal is
26provided during the 2011-2012 school term or a subsequent

 

 

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1school term. If any teacher, whether or not in contractual
2continued service, is removed or dismissed as a result of a
3decision of a school board to decrease the number of teachers
4employed by the board, a decision of a school board to
5discontinue some particular type of teaching service, or a
6reduction in the number of programs or positions in a special
7education joint agreement, then written notice must be mailed
8to the teacher and also given to the teacher either by
9electronic mail, certified mail, return receipt requested, or
10personal delivery with receipt at least 45 days before the end
11of the school term, together with a statement of honorable
12dismissal and the reason therefor, and in all such cases the
13sequence of dismissal shall occur in accordance with this
14subsection (b); except that this subsection (b) shall not
15impair the operation of any affirmative action program in the
16school district, regardless of whether it exists by operation
17of law or is conducted on a voluntary basis by the board.
18    Each teacher must be categorized into one or more
19positions for which the teacher is qualified to hold, based
20upon legal qualifications and any other qualifications
21established in a district or joint agreement job description,
22on or before the May 10 prior to the school year during which
23the sequence of dismissal is determined. Within each position
24and subject to agreements made by the joint committee on
25honorable dismissals that are authorized by subsection (c) of
26this Section, the school district or joint agreement must

 

 

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1establish 4 groupings of teachers qualified to hold the
2position as follows:
3        (1) Grouping one shall consist of each teacher who is
4    not in contractual continued service and who (i) has not
5    received a performance evaluation rating, (ii) is employed
6    for one school term or less to replace a teacher on leave,
7    or (iii) is employed on a part-time basis. "Part-time
8    basis" for the purposes of this subsection (b) means a
9    teacher who is employed to teach less than a full-day,
10    teacher workload or less than 5 days of the normal student
11    attendance week, unless otherwise provided for in a
12    collective bargaining agreement between the district and
13    the exclusive representative of the district's teachers.
14    For the purposes of this Section, a teacher (A) who is
15    employed as a full-time teacher but who actually teaches
16    or is otherwise present and participating in the
17    district's educational program for less than a school term
18    or (B) who, in the immediately previous school term, was
19    employed on a full-time basis and actually taught or was
20    otherwise present and participated in the district's
21    educational program for 120 days or more is not considered
22    employed on a part-time basis.
23        (2) Grouping 2 shall consist of each teacher with a
24    Needs Improvement or Unsatisfactory performance evaluation
25    rating on either of the teacher's last 2 performance
26    evaluation ratings.

 

 

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1        (3) Grouping 3 shall consist of each teacher with a
2    performance evaluation rating of at least Satisfactory or
3    Proficient on both of the teacher's last 2 performance
4    evaluation ratings, if 2 ratings are available, or on the
5    teacher's last performance evaluation rating, if only one
6    rating is available, unless the teacher qualifies for
7    placement into grouping 4.
8        (4) Grouping 4 shall consist of each teacher whose
9    last 2 performance evaluation ratings are Excellent and
10    each teacher with 2 Excellent performance evaluation
11    ratings out of the teacher's last 3 performance evaluation
12    ratings with a third rating of Satisfactory or Proficient.
13    Among teachers qualified to hold a position, teachers must
14be dismissed in the order of their groupings, with teachers in
15grouping one dismissed first and teachers in grouping 4
16dismissed last.
17    Within grouping one, the sequence of dismissal must be at
18the discretion of the school district or joint agreement.
19Within grouping 2, the sequence of dismissal must be based
20upon average performance evaluation ratings, with the teacher
21or teachers with the lowest average performance evaluation
22rating dismissed first. A teacher's average performance
23evaluation rating must be calculated using the average of the
24teacher's last 2 performance evaluation ratings, if 2 ratings
25are available, or the teacher's last performance evaluation
26rating, if only one rating is available, using the following

 

 

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1numerical values: 4 for Excellent; 3 for Proficient or
2Satisfactory; 2 for Needs Improvement; and 1 for
3Unsatisfactory. As between or among teachers in grouping 2
4with the same average performance evaluation rating and within
5each of groupings 3 and 4, the teacher or teachers with the
6shorter length of continuing service with the school district
7or joint agreement must be dismissed first unless an
8alternative method of determining the sequence of dismissal is
9established in a collective bargaining agreement or contract
10between the board and a professional faculty members'
11organization.
12    Each board, including the governing board of a joint
13agreement, shall, in consultation with any exclusive employee
14representatives, each year establish a sequence of honorable
15dismissal list categorized by positions and the groupings
16defined in this subsection (b). Copies of the list showing
17each teacher by name, along with the race or ethnicity of the
18teacher if provided by the teacher, and categorized by
19positions and the groupings defined in this subsection (b)
20must be distributed to the exclusive bargaining representative
21at least 75 days before the end of the school term, provided
22that the school district or joint agreement may, with notice
23to any exclusive employee representatives, move teachers from
24grouping one into another grouping during the period of time
25from 75 days until 45 days before the end of the school term.
26Each year, each board shall also establish, in consultation

 

 

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1with any exclusive employee representatives, a list showing
2the length of continuing service of each teacher who is
3qualified to hold any such positions, unless an alternative
4method of determining a sequence of dismissal is established
5as provided for in this Section, in which case a list must be
6made in accordance with the alternative method. Copies of the
7list must be distributed to the exclusive employee
8representative at least 75 days before the end of the school
9term.
10    Any teacher dismissed as a result of such decrease or
11discontinuance must be paid all earned compensation on or
12before the third business day following the last day of pupil
13attendance in the regular school term.
14    If the board or joint agreement has any vacancies for the
15following school term or within one calendar year from the
16beginning of the following school term, the positions thereby
17becoming available must be tendered to the teachers so removed
18or dismissed who were in grouping 3 or 4 of the sequence of
19dismissal and are qualified to hold the positions, based upon
20legal qualifications and any other qualifications established
21in a district or joint agreement job description, on or before
22the May 10 prior to the date of the positions becoming
23available, provided that if the number of honorable dismissal
24notices based on economic necessity exceeds 15% of the number
25of full-time equivalent positions filled by certified
26employees (excluding principals and administrative personnel)

 

 

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1during the preceding school year, then the recall period is
2for the following school term or within 2 calendar years from
3the beginning of the following school term. If the board or
4joint agreement has any vacancies within the period from the
5beginning of the following school term through February 1 of
6the following school term (unless a date later than February
71, but no later than 6 months from the beginning of the
8following school term, is established in a collective
9bargaining agreement), the positions thereby becoming
10available must be tendered to the teachers so removed or
11dismissed who were in grouping 2 of the sequence of dismissal
12due to one "needs improvement" rating on either of the
13teacher's last 2 performance evaluation ratings, provided
14that, if 2 ratings are available, the other performance
15evaluation rating used for grouping purposes is
16"satisfactory", "proficient", or "excellent", and are
17qualified to hold the positions, based upon legal
18qualifications and any other qualifications established in a
19district or joint agreement job description, on or before the
20May 10 prior to the date of the positions becoming available.
21On and after July 1, 2014 (the effective date of Public Act
2298-648), the preceding sentence shall apply to teachers
23removed or dismissed by honorable dismissal, even if notice of
24honorable dismissal occurred during the 2013-2014 school year.
25Among teachers eligible for recall pursuant to the preceding
26sentence, the order of recall must be in inverse order of

 

 

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1dismissal, unless an alternative order of recall is
2established in a collective bargaining agreement or contract
3between the board and a professional faculty members'
4organization. Whenever the number of honorable dismissal
5notices based upon economic necessity exceeds 5 notices or
6150% of the average number of teachers honorably dismissed in
7the preceding 3 years, whichever is more, then the school
8board or governing board of a joint agreement, as applicable,
9shall also hold a public hearing on the question of the
10dismissals. Following the hearing and board review, the action
11to approve any such reduction shall require a majority vote of
12the board members.
13    For purposes of this subsection (b), subject to agreement
14on an alternative definition reached by the joint committee
15described in subsection (c) of this Section, a teacher's
16performance evaluation rating means the overall performance
17evaluation rating resulting from an annual or biennial
18performance evaluation conducted pursuant to Article 24A of
19this Code by the school district or joint agreement
20determining the sequence of dismissal, not including any
21performance evaluation conducted during or at the end of a
22remediation period. No more than one evaluation rating each
23school term shall be one of the evaluation ratings used for the
24purpose of determining the sequence of dismissal. Except as
25otherwise provided in this subsection for any performance
26evaluations conducted during or at the end of a remediation

 

 

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1period, if multiple performance evaluations are conducted in a
2school term, only the rating from the last evaluation
3conducted prior to establishing the sequence of honorable
4dismissal list in such school term shall be the one evaluation
5rating from that school term used for the purpose of
6determining the sequence of dismissal. Averaging ratings from
7multiple evaluations is not permitted unless otherwise agreed
8to in a collective bargaining agreement or contract between
9the board and a professional faculty members' organization.
10The preceding 3 sentences are not a legislative declaration
11that existing law does or does not already require that only
12one performance evaluation each school term shall be used for
13the purpose of determining the sequence of dismissal. For
14performance evaluation ratings determined prior to September
151, 2012, any school district or joint agreement with a
16performance evaluation rating system that does not use either
17of the rating category systems specified in subsection (d) of
18Section 24A-5 of this Code for all teachers must establish a
19basis for assigning each teacher a rating that complies with
20subsection (d) of Section 24A-5 of this Code for all of the
21performance evaluation ratings that are to be used to
22determine the sequence of dismissal. A teacher's grouping and
23ranking on a sequence of honorable dismissal shall be deemed a
24part of the teacher's performance evaluation, and that
25information shall be disclosed to the exclusive bargaining
26representative as part of a sequence of honorable dismissal

 

 

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1list, notwithstanding any laws prohibiting disclosure of such
2information. A performance evaluation rating may be used to
3determine the sequence of dismissal, notwithstanding the
4pendency of any grievance resolution or arbitration procedures
5relating to the performance evaluation. If a teacher has
6received at least one performance evaluation rating conducted
7by the school district or joint agreement determining the
8sequence of dismissal and a subsequent performance evaluation
9is not conducted in any school year in which such evaluation is
10required to be conducted under Section 24A-5 of this Code, the
11teacher's performance evaluation rating for that school year
12for purposes of determining the sequence of dismissal is
13deemed Proficient, except that, during any time in which the
14Governor has declared a disaster due to a public health
15emergency pursuant to Section 7 of the Illinois Emergency
16Management Agency Act, this default to Proficient does not
17apply to any teacher who has entered into contractual
18continued service and who was deemed Excellent on his or her
19most recent evaluation. During any time in which the Governor
20has declared a disaster due to a public health emergency
21pursuant to Section 7 of the Illinois Emergency Management
22Agency Act and unless the school board and any exclusive
23bargaining representative have completed the performance
24rating for teachers or have mutually agreed to an alternate
25performance rating, any teacher who has entered into
26contractual continued service, whose most recent evaluation

 

 

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1was deemed Excellent, and whose performance evaluation is not
2conducted when the evaluation is required to be conducted
3shall receive a teacher's performance rating deemed Excellent.
4A school board and any exclusive bargaining representative may
5mutually agree to an alternate performance rating for teachers
6not in contractual continued service during any time in which
7the Governor has declared a disaster due to a public health
8emergency pursuant to Section 7 of the Illinois Emergency
9Management Agency Act, as long as the agreement is in writing.
10If a performance evaluation rating is nullified as the result
11of an arbitration, administrative agency, or court
12determination, then the school district or joint agreement is
13deemed to have conducted a performance evaluation for that
14school year, but the performance evaluation rating may not be
15used in determining the sequence of dismissal.
16    Nothing in this subsection (b) shall be construed as
17limiting the right of a school board or governing board of a
18joint agreement to dismiss a teacher not in contractual
19continued service in accordance with Section 24-11 of this
20Code.
21    Any provisions regarding the sequence of honorable
22dismissals and recall of honorably dismissed teachers in a
23collective bargaining agreement entered into on or before
24January 1, 2011 and in effect on June 13, 2011 (the effective
25date of Public Act 97-8) that may conflict with Public Act 97-8
26shall remain in effect through the expiration of such

 

 

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1agreement or June 30, 2013, whichever is earlier.
2    (c) Each school district and special education joint
3agreement must use a joint committee composed of equal
4representation selected by the school board and its teachers
5or, if applicable, the exclusive bargaining representative of
6its teachers, to address the matters described in paragraphs
7(1) through (5) of this subsection (c) pertaining to honorable
8dismissals under subsection (b) of this Section.
9        (1) The joint committee must consider and may agree to
10    criteria for excluding from grouping 2 and placing into
11    grouping 3 a teacher whose last 2 performance evaluations
12    include a Needs Improvement and either a Proficient or
13    Excellent.
14        (2) The joint committee must consider and may agree to
15    an alternative definition for grouping 4, which definition
16    must take into account prior performance evaluation
17    ratings and may take into account other factors that
18    relate to the school district's or program's educational
19    objectives. An alternative definition for grouping 4 may
20    not permit the inclusion of a teacher in the grouping with
21    a Needs Improvement or Unsatisfactory performance
22    evaluation rating on either of the teacher's last 2
23    performance evaluation ratings.
24        (3) The joint committee may agree to including within
25    the definition of a performance evaluation rating a
26    performance evaluation rating administered by a school

 

 

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1    district or joint agreement other than the school district
2    or joint agreement determining the sequence of dismissal.
3        (4) For each school district or joint agreement that
4    administers performance evaluation ratings that are
5    inconsistent with either of the rating category systems
6    specified in subsection (d) of Section 24A-5 of this Code,
7    the school district or joint agreement must consult with
8    the joint committee on the basis for assigning a rating
9    that complies with subsection (d) of Section 24A-5 of this
10    Code to each performance evaluation rating that will be
11    used in a sequence of dismissal.
12        (5) Upon request by a joint committee member submitted
13    to the employing board by no later than 10 days after the
14    distribution of the sequence of honorable dismissal list,
15    a representative of the employing board shall, within 5
16    days after the request, provide to members of the joint
17    committee a list showing the most recent and prior
18    performance evaluation ratings of each teacher identified
19    only by length of continuing service in the district or
20    joint agreement and not by name. If, after review of this
21    list, a member of the joint committee has a good faith
22    belief that a disproportionate number of teachers with
23    greater length of continuing service with the district or
24    joint agreement have received a recent performance
25    evaluation rating lower than the prior rating, the member
26    may request that the joint committee review the list to

 

 

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1    assess whether such a trend may exist. Following the joint
2    committee's review, but by no later than the end of the
3    applicable school term, the joint committee or any member
4    or members of the joint committee may submit a report of
5    the review to the employing board and exclusive bargaining
6    representative, if any. Nothing in this paragraph (5)
7    shall impact the order of honorable dismissal or a school
8    district's or joint agreement's authority to carry out a
9    dismissal in accordance with subsection (b) of this
10    Section.
11    Agreement by the joint committee as to a matter requires
12the majority vote of all committee members, and if the joint
13committee does not reach agreement on a matter, then the
14otherwise applicable requirements of subsection (b) of this
15Section shall apply. Except as explicitly set forth in this
16subsection (c), a joint committee has no authority to agree to
17any further modifications to the requirements for honorable
18dismissals set forth in subsection (b) of this Section. The
19joint committee must be established, and the first meeting of
20the joint committee each school year must occur on or before
21December 1.
22    The joint committee must reach agreement on a matter on or
23before February 1 of a school year in order for the agreement
24of the joint committee to apply to the sequence of dismissal
25determined during that school year. Subject to the February 1
26deadline for agreements, the agreement of a joint committee on

 

 

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1a matter shall apply to the sequence of dismissal until the
2agreement is amended or terminated by the joint committee.
3    The provisions of the Open Meetings Act shall not apply to
4meetings of a joint committee created under this subsection
5(c).
6    (d) Notwithstanding anything to the contrary in this
7subsection (d), the requirements and dismissal procedures of
8Section 24-16.5 of this Code shall apply to any dismissal
9sought under Section 24-16.5 of this Code.
10        (1) If a dismissal of a teacher in contractual
11    continued service is sought for any reason or cause other
12    than an honorable dismissal under subsections (a) or (b)
13    of this Section or a dismissal sought under Section
14    24-16.5 of this Code, including those under Section
15    10-22.4, the board must first approve a motion containing
16    specific charges by a majority vote of all its members.
17    Written notice of such charges, including a bill of
18    particulars and the teacher's right to request a hearing,
19    must be mailed to the teacher and also given to the teacher
20    either by electronic mail, certified mail, return receipt
21    requested, or personal delivery with receipt within 5 days
22    of the adoption of the motion. Any written notice sent on
23    or after July 1, 2012 shall inform the teacher of the right
24    to request a hearing before a mutually selected hearing
25    officer, with the cost of the hearing officer split
26    equally between the teacher and the board, or a hearing

 

 

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1    before a board-selected hearing officer, with the cost of
2    the hearing officer paid by the board.
3        Before setting a hearing on charges stemming from
4    causes that are considered remediable, a board must give
5    the teacher reasonable warning in writing, stating
6    specifically the causes that, if not removed, may result
7    in charges; however, no such written warning is required
8    if the causes have been the subject of a remediation plan
9    pursuant to Article 24A of this Code.
10        If, in the opinion of the board, the interests of the
11    school require it, the board may suspend the teacher
12    without pay, pending the hearing, but if the board's
13    dismissal or removal is not sustained, the teacher shall
14    not suffer the loss of any salary or benefits by reason of
15    the suspension.
16        (2) No hearing upon the charges is required unless the
17    teacher within 17 days after receiving notice requests in
18    writing of the board that a hearing be scheduled before a
19    mutually selected hearing officer or a hearing officer
20    selected by the board. The secretary of the school board
21    shall forward a copy of the notice to the State Board of
22    Education.
23        (3) Within 5 business days after receiving a notice of
24    hearing in which either notice to the teacher was sent
25    before July 1, 2012 or, if the notice was sent on or after
26    July 1, 2012, the teacher has requested a hearing before a

 

 

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1    mutually selected hearing officer, the State Board of
2    Education shall provide a list of 5 prospective, impartial
3    hearing officers from the master list of qualified,
4    impartial hearing officers maintained by the State Board
5    of Education. Each person on the master list must (i) be
6    accredited by a national arbitration organization and have
7    had a minimum of 5 years of experience directly related to
8    labor and employment relations matters between employers
9    and employees or their exclusive bargaining
10    representatives and (ii) beginning September 1, 2012, have
11    participated in training provided or approved by the State
12    Board of Education for teacher dismissal hearing officers
13    so that he or she is familiar with issues generally
14    involved in evaluative and non-evaluative dismissals.
15        If notice to the teacher was sent before July 1, 2012
16    or, if the notice was sent on or after July 1, 2012, the
17    teacher has requested a hearing before a mutually selected
18    hearing officer, the board and the teacher or their legal
19    representatives within 3 business days shall alternately
20    strike one name from the list provided by the State Board
21    of Education until only one name remains. Unless waived by
22    the teacher, the teacher shall have the right to proceed
23    first with the striking. Within 3 business days of receipt
24    of the list provided by the State Board of Education, the
25    board and the teacher or their legal representatives shall
26    each have the right to reject all prospective hearing

 

 

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1    officers named on the list and notify the State Board of
2    Education of such rejection. Within 3 business days after
3    receiving this notification, the State Board of Education
4    shall appoint a qualified person from the master list who
5    did not appear on the list sent to the parties to serve as
6    the hearing officer, unless the parties notify it that
7    they have chosen to alternatively select a hearing officer
8    under paragraph (4) of this subsection (d).
9        If the teacher has requested a hearing before a
10    hearing officer selected by the board, the board shall
11    select one name from the master list of qualified
12    impartial hearing officers maintained by the State Board
13    of Education within 3 business days after receipt and
14    shall notify the State Board of Education of its
15    selection.
16        A hearing officer mutually selected by the parties,
17    selected by the board, or selected through an alternative
18    selection process under paragraph (4) of this subsection
19    (d) (A) must not be a resident of the school district, (B)
20    must be available to commence the hearing within 75 days
21    and conclude the hearing within 120 days after being
22    selected as the hearing officer, and (C) must issue a
23    decision as to whether the teacher must be dismissed and
24    give a copy of that decision to both the teacher and the
25    board within 30 days from the conclusion of the hearing or
26    closure of the record, whichever is later.

 

 

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1        Any hearing convened during a public health emergency
2    pursuant to Section 7 of the Illinois Emergency Management
3    Agency Act may be convened remotely. Any hearing officer
4    for a hearing convened during a public health emergency
5    pursuant to Section 7 of the Illinois Emergency Management
6    Agency Act may voluntarily withdraw from the hearing and
7    another hearing officer shall be selected or appointed
8    pursuant to this Section.
9        In this paragraph, "pre-hearing procedures" refers to
10    the pre-hearing procedures under Section 51.55 of Title 23
11    of the Illinois Administrative Code and "hearing" refers
12    to the hearing under Section 51.60 of Title 23 of the
13    Illinois Administrative Code. Any teacher who has been
14    charged with engaging in acts of corporal punishment,
15    physical abuse, grooming, or sexual misconduct and who
16    previously paused pre-hearing procedures or a hearing
17    pursuant to Public Act 101-643 must proceed with selection
18    of a hearing officer or hearing date, or both, within the
19    timeframes established by this paragraph (3) and
20    paragraphs (4) through (6) of this subsection (d), unless
21    the timeframes are mutually waived in writing by both
22    parties, and all timelines set forth in this Section in
23    cases concerning corporal punishment, physical abuse,
24    grooming, or sexual misconduct shall be reset to begin the
25    day after the effective date of this amendatory Act of the
26    102nd General Assembly. Any teacher charged with engaging

 

 

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1    in acts of corporal punishment, physical abuse, grooming,
2    or sexual misconduct on or after the effective date of
3    this amendatory Act of the 102nd General Assembly may not
4    pause pre-hearing procedures or a hearing.
5        (4) In the alternative to selecting a hearing officer
6    from the list received from the State Board of Education
7    or accepting the appointment of a hearing officer by the
8    State Board of Education or if the State Board of
9    Education cannot provide a list or appoint a hearing
10    officer that meets the foregoing requirements, the board
11    and the teacher or their legal representatives may
12    mutually agree to select an impartial hearing officer who
13    is not on the master list either by direct appointment by
14    the parties or by using procedures for the appointment of
15    an arbitrator established by the Federal Mediation and
16    Conciliation Service or the American Arbitration
17    Association. The parties shall notify the State Board of
18    Education of their intent to select a hearing officer
19    using an alternative procedure within 3 business days of
20    receipt of a list of prospective hearing officers provided
21    by the State Board of Education, notice of appointment of
22    a hearing officer by the State Board of Education, or
23    receipt of notice from the State Board of Education that
24    it cannot provide a list that meets the foregoing
25    requirements, whichever is later.
26        (5) If the notice of dismissal was sent to the teacher

 

 

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1    before July 1, 2012, the fees and costs for the hearing
2    officer must be paid by the State Board of Education. If
3    the notice of dismissal was sent to the teacher on or after
4    July 1, 2012, the hearing officer's fees and costs must be
5    paid as follows in this paragraph (5). The fees and
6    permissible costs for the hearing officer must be
7    determined by the State Board of Education. If the board
8    and the teacher or their legal representatives mutually
9    agree to select an impartial hearing officer who is not on
10    a list received from the State Board of Education, they
11    may agree to supplement the fees determined by the State
12    Board to the hearing officer, at a rate consistent with
13    the hearing officer's published professional fees. If the
14    hearing officer is mutually selected by the parties, then
15    the board and the teacher or their legal representatives
16    shall each pay 50% of the fees and costs and any
17    supplemental allowance to which they agree. If the hearing
18    officer is selected by the board, then the board shall pay
19    100% of the hearing officer's fees and costs. The fees and
20    costs must be paid to the hearing officer within 14 days
21    after the board and the teacher or their legal
22    representatives receive the hearing officer's decision set
23    forth in paragraph (7) of this subsection (d).
24        (6) The teacher is required to answer the bill of
25    particulars and aver affirmative matters in his or her
26    defense, and the time for initially doing so and the time

 

 

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1    for updating such answer and defenses after pre-hearing
2    discovery must be set by the hearing officer. The State
3    Board of Education shall promulgate rules so that each
4    party has a fair opportunity to present its case and to
5    ensure that the dismissal process proceeds in a fair and
6    expeditious manner. These rules shall address, without
7    limitation, discovery and hearing scheduling conferences;
8    the teacher's initial answer and affirmative defenses to
9    the bill of particulars and the updating of that
10    information after pre-hearing discovery; provision for
11    written interrogatories and requests for production of
12    documents; the requirement that each party initially
13    disclose to the other party and then update the disclosure
14    no later than 10 calendar days prior to the commencement
15    of the hearing, the names and addresses of persons who may
16    be called as witnesses at the hearing, a summary of the
17    facts or opinions each witness will testify to, and all
18    other documents and materials, including information
19    maintained electronically, relevant to its own as well as
20    the other party's case (the hearing officer may exclude
21    witnesses and exhibits not identified and shared, except
22    those offered in rebuttal for which the party could not
23    reasonably have anticipated prior to the hearing);
24    pre-hearing discovery and preparation, including provision
25    for written interrogatories and requests for production of
26    documents, provided that discovery depositions are

 

 

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1    prohibited; the conduct of the hearing; the right of each
2    party to be represented by counsel, the offer of evidence
3    and witnesses and the cross-examination of witnesses; the
4    authority of the hearing officer to issue subpoenas and
5    subpoenas duces tecum, provided that the hearing officer
6    may limit the number of witnesses to be subpoenaed on
7    behalf of each party to no more than 7; the length of
8    post-hearing briefs; and the form, length, and content of
9    hearing officers' decisions. The hearing officer shall
10    hold a hearing and render a final decision for dismissal
11    pursuant to Article 24A of this Code or shall report to the
12    school board findings of fact and a recommendation as to
13    whether or not the teacher must be dismissed for conduct.
14    The hearing officer shall commence the hearing within 75
15    days and conclude the hearing within 120 days after being
16    selected as the hearing officer, provided that the hearing
17    officer may modify these timelines upon the showing of
18    good cause or mutual agreement of the parties. Good cause
19    for the purpose of this subsection (d) shall mean the
20    illness or otherwise unavoidable emergency of the teacher,
21    district representative, their legal representatives, the
22    hearing officer, or an essential witness as indicated in
23    each party's pre-hearing submission. In a dismissal
24    hearing pursuant to Article 24A of this Code in which a
25    witness is a student or is under the age of 18, the hearing
26    officer must make accommodations for the witness, as

 

 

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1    provided under paragraph (6.5) of this subsection. The
2    hearing officer shall consider and give weight to all of
3    the teacher's evaluations written pursuant to Article 24A
4    that are relevant to the issues in the hearing.
5        Each party shall have no more than 3 days to present
6    its case, unless extended by the hearing officer to enable
7    a party to present adequate evidence and testimony,
8    including due to the other party's cross-examination of
9    the party's witnesses, for good cause or by mutual
10    agreement of the parties. The State Board of Education
11    shall define in rules the meaning of "day" for such
12    purposes. All testimony at the hearing shall be taken
13    under oath administered by the hearing officer. The
14    hearing officer shall cause a record of the proceedings to
15    be kept and shall employ a competent reporter to take
16    stenographic or stenotype notes of all the testimony. The
17    costs of the reporter's attendance and services at the
18    hearing shall be paid by the party or parties who are
19    responsible for paying the fees and costs of the hearing
20    officer. Either party desiring a transcript of the hearing
21    shall pay for the cost thereof. Any post-hearing briefs
22    must be submitted by the parties by no later than 21 days
23    after a party's receipt of the transcript of the hearing,
24    unless extended by the hearing officer for good cause or
25    by mutual agreement of the parties.
26        (6.5) In the case of charges involving sexual abuse or

 

 

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1    severe physical abuse of a student or a person under the
2    age of 18, the hearing officer shall make alternative
3    hearing procedures to protect a witness who is a student
4    or who is under the age of 18 from being intimidated or
5    traumatized. Alternative hearing procedures may include,
6    but are not limited to: (i) testimony made via a
7    telecommunication device in a location other than the
8    hearing room and outside the physical presence of the
9    teacher and other hearing participants, (ii) testimony
10    outside the physical presence of the teacher, or (iii)
11    non-public testimony. During a testimony described under
12    this subsection, each party must be permitted to ask a
13    witness who is a student or who is under 18 years of age
14    all relevant questions and follow-up questions. All
15    questions must exclude evidence of the witness' sexual
16    behavior or predisposition, unless the evidence is offered
17    to prove that someone other than the teacher subject to
18    the dismissal hearing engaged in the charge at issue.
19        (7) The hearing officer shall, within 30 days from the
20    conclusion of the hearing or closure of the record,
21    whichever is later, make a decision as to whether or not
22    the teacher shall be dismissed pursuant to Article 24A of
23    this Code or report to the school board findings of fact
24    and a recommendation as to whether or not the teacher
25    shall be dismissed for cause and shall give a copy of the
26    decision or findings of fact and recommendation to both

 

 

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1    the teacher and the school board. If a hearing officer
2    fails without good cause, specifically provided in writing
3    to both parties and the State Board of Education, to
4    render a decision or findings of fact and recommendation
5    within 30 days after the hearing is concluded or the
6    record is closed, whichever is later, the parties may
7    mutually agree to select a hearing officer pursuant to the
8    alternative procedure, as provided in this Section, to
9    rehear the charges heard by the hearing officer who failed
10    to render a decision or findings of fact and
11    recommendation or to review the record and render a
12    decision. If any hearing officer fails without good cause,
13    specifically provided in writing to both parties and the
14    State Board of Education, to render a decision or findings
15    of fact and recommendation within 30 days after the
16    hearing is concluded or the record is closed, whichever is
17    later, the hearing officer shall be removed from the
18    master list of hearing officers maintained by the State
19    Board of Education for not more than 24 months. The
20    parties and the State Board of Education may also take
21    such other actions as it deems appropriate, including
22    recovering, reducing, or withholding any fees paid or to
23    be paid to the hearing officer. If any hearing officer
24    repeats such failure, he or she must be permanently
25    removed from the master list maintained by the State Board
26    of Education and may not be selected by parties through

 

 

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1    the alternative selection process under this paragraph (7)
2    or paragraph (4) of this subsection (d). The board shall
3    not lose jurisdiction to discharge a teacher if the
4    hearing officer fails to render a decision or findings of
5    fact and recommendation within the time specified in this
6    Section. If the decision of the hearing officer for
7    dismissal pursuant to Article 24A of this Code or of the
8    school board for dismissal for cause is in favor of the
9    teacher, then the hearing officer or school board shall
10    order reinstatement to the same or substantially
11    equivalent position and shall determine the amount for
12    which the school board is liable, including, but not
13    limited to, loss of income and benefits.
14        (8) The school board, within 45 days after receipt of
15    the hearing officer's findings of fact and recommendation
16    as to whether (i) the conduct at issue occurred, (ii) the
17    conduct that did occur was remediable, and (iii) the
18    proposed dismissal should be sustained, shall issue a
19    written order as to whether the teacher must be retained
20    or dismissed for cause from its employ. The school board's
21    written order shall incorporate the hearing officer's
22    findings of fact, except that the school board may modify
23    or supplement the findings of fact if, in its opinion, the
24    findings of fact are against the manifest weight of the
25    evidence.
26        If the school board dismisses the teacher

 

 

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1    notwithstanding the hearing officer's findings of fact and
2    recommendation, the school board shall make a conclusion
3    in its written order, giving its reasons therefor, and
4    such conclusion and reasons must be included in its
5    written order. The failure of the school board to strictly
6    adhere to the timelines contained in this Section shall
7    not render it without jurisdiction to dismiss the teacher.
8    The school board shall not lose jurisdiction to discharge
9    the teacher for cause if the hearing officer fails to
10    render a recommendation within the time specified in this
11    Section. The decision of the school board is final, unless
12    reviewed as provided in paragraph (9) of this subsection
13    (d).
14        If the school board retains the teacher, the school
15    board shall enter a written order stating the amount of
16    back pay and lost benefits, less mitigation, to be paid to
17    the teacher, within 45 days after its retention order.
18    Should the teacher object to the amount of the back pay and
19    lost benefits or amount mitigated, the teacher shall give
20    written objections to the amount within 21 days. If the
21    parties fail to reach resolution within 7 days, the
22    dispute shall be referred to the hearing officer, who
23    shall consider the school board's written order and
24    teacher's written objection and determine the amount to
25    which the school board is liable. The costs of the hearing
26    officer's review and determination must be paid by the

 

 

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1    board.
2        (9) The decision of the hearing officer pursuant to
3    Article 24A of this Code or of the school board's decision
4    to dismiss for cause is final unless reviewed as provided
5    in Section 24-16 of this Code. If the school board's
6    decision to dismiss for cause is contrary to the hearing
7    officer's recommendation, the court on review shall give
8    consideration to the school board's decision and its
9    supplemental findings of fact, if applicable, and the
10    hearing officer's findings of fact and recommendation in
11    making its decision. In the event such review is
12    instituted, the school board shall be responsible for
13    preparing and filing the record of proceedings, and such
14    costs associated therewith must be divided equally between
15    the parties.
16        (10) If a decision of the hearing officer for
17    dismissal pursuant to Article 24A of this Code or of the
18    school board for dismissal for cause is adjudicated upon
19    review or appeal in favor of the teacher, then the trial
20    court shall order reinstatement and shall remand the
21    matter to the school board with direction for entry of an
22    order setting the amount of back pay, lost benefits, and
23    costs, less mitigation. The teacher may challenge the
24    school board's order setting the amount of back pay, lost
25    benefits, and costs, less mitigation, through an expedited
26    arbitration procedure, with the costs of the arbitrator

 

 

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1    borne by the school board.
2        Any teacher who is reinstated by any hearing or
3    adjudication brought under this Section shall be assigned
4    by the board to a position substantially similar to the
5    one which that teacher held prior to that teacher's
6    suspension or dismissal.
7        (11) Subject to any later effective date referenced in
8    this Section for a specific aspect of the dismissal
9    process, the changes made by Public Act 97-8 shall apply
10    to dismissals instituted on or after September 1, 2011.
11    Any dismissal instituted prior to September 1, 2011 must
12    be carried out in accordance with the requirements of this
13    Section prior to amendment by Public Act 97-8.
14    (e) Nothing contained in Public Act 98-648 repeals,
15supersedes, invalidates, or nullifies final decisions in
16lawsuits pending on July 1, 2014 (the effective date of Public
17Act 98-648) in Illinois courts involving the interpretation of
18Public Act 97-8.
19(Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
20101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
 
21    Section 99. Effective date. This Act takes effect January
221, 2024.