Full Text of SB0123 96th General Assembly
SB0123eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 24-11 as follows:
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| (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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| Sec. 24-11. Boards of Education - Boards of School | 8 |
| Inspectors -
Contractual continued service. As used in this and | 9 |
| the succeeding
Sections of this Article:
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| "Teacher" means any or all school district employees | 11 |
| regularly required to be
certified under laws relating to the | 12 |
| certification of teachers.
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| "Board" means board of directors, board of education, or | 14 |
| board of school
inspectors, as the case may be.
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| "School term" means that portion of the school year, July 1 | 16 |
| to the following
June 30, when school is in actual session.
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| This Section and Sections 24-12 through 24-16 of this | 18 |
| Article apply only to
school districts having less than 500,000 | 19 |
| inhabitants.
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| Any teacher who has been employed in any district as a | 21 |
| full-time teacher for
a probationary period of 2 consecutive | 22 |
| school terms shall enter upon
contractual continued service | 23 |
| unless given written notice of dismissal stating
the specific |
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| reason therefor, by certified mail, return receipt requested by
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| the employing board at least 45 days before the end of such
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| period; except that (i) for a teacher who is first employed as | 4 |
| a full-time
teacher by a school district
on or after January 1, | 5 |
| 1998 and who has not before that date already entered
upon
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| contractual continued service in that district, the | 7 |
| probationary period shall
be 4 consecutive
school terms before | 8 |
| the teacher shall enter upon contractual continued
service and | 9 |
| (ii) for a teacher who is first employed as a full-time teacher | 10 |
| by a school district on or after the effective date of this | 11 |
| amendatory Act of the 96th General Assembly but who, prior to | 12 |
| employment with the district, already entered upon contractual | 13 |
| continued service in another school district pursuant to this | 14 |
| Section, the probationary period shall be 2 consecutive school | 15 |
| terms before the teacher shall enter upon contractual continued | 16 |
| service if the employment from the one school district to the | 17 |
| other has been continuous . For the purpose of determining | 18 |
| contractual continued service,
the first probationary year | 19 |
| shall be any full-time employment
from a date before November 1 | 20 |
| through
the end of the school year.
If, however, a teacher who | 21 |
| was first employed prior to January 1, 1998
has not had one | 22 |
| school term of full-time teaching experience before the
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| beginning of a probationary period of 2 consecutive school | 24 |
| terms, the employing
board may at its option extend the | 25 |
| probationary period for one additional
school term by giving | 26 |
| the teacher written notice by certified mail, return
receipt |
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| requested, at least 45 days before the end of the second school | 2 |
| term of
the period of 2 consecutive school terms referred to | 3 |
| above. This notice must
state the reasons for the one year | 4 |
| extension and must outline the corrective
actions that the | 5 |
| teacher must take to satisfactorily complete probation. The
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| changes made by this amendatory Act of 1998 are declaratory of | 7 |
| existing law.
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| Any full-time teacher who is not completing the last year
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| of the probationary
period described in the preceding | 10 |
| paragraph, or any teacher employed on a
full-time basis not | 11 |
| later than January 1 of the school term, shall receive
written | 12 |
| notice from the employing board at least 45 days before the
end | 13 |
| of any school term whether or not he will be
re-employed for | 14 |
| the following school term. If the board fails to give
such | 15 |
| notice, the employee shall be deemed reemployed, and not later | 16 |
| than
the close of the then current school term the board shall | 17 |
| issue a
regular contract to the employee as though the board | 18 |
| had reemployed him
in the usual manner.
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| Contractual continued service shall continue in effect the | 20 |
| terms and
provisions of the contract with the teacher during | 21 |
| the last school term
of the probationary period, subject to | 22 |
| this Act and the lawful
regulations of the employing board. | 23 |
| This Section and succeeding Sections
do not modify any existing | 24 |
| power of the board except with respect to the
procedure of the | 25 |
| discharge of a teacher and reductions in salary as
hereinafter | 26 |
| provided. Contractual continued service status shall not
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| restrict the power of the board to transfer a teacher to a | 2 |
| position
which the teacher is qualified to fill or to make such | 3 |
| salary
adjustments as it deems desirable, but unless reductions | 4 |
| in salary are
uniform or based upon some reasonable | 5 |
| classification, any teacher whose
salary is reduced shall be | 6 |
| entitled to a notice and a hearing as
hereinafter provided in | 7 |
| the case of certain dismissals or removals.
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| The employment of any teacher in a program of a special | 9 |
| education joint
agreement established under Section 3-15.14, | 10 |
| 10-22.31 or 10-22.31a shall be
under this and succeeding | 11 |
| Sections of this Article. For purposes of
attaining and | 12 |
| maintaining contractual continued service and computing
length | 13 |
| of continuing service as referred to in this Section and | 14 |
| Section
24-12, employment in a special educational joint | 15 |
| program shall be deemed a
continuation of all previous | 16 |
| certificated employment of such teacher for
such joint | 17 |
| agreement whether the employer of the teacher was the joint
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| agreement, the regional superintendent, or one of the | 19 |
| participating
districts in the joint agreement.
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| Any teacher employed after July 1, 1987 as a full-time | 21 |
| teacher in a
program of a special education joint agreement, | 22 |
| whether the program is
operated by the joint agreement or a | 23 |
| member district on behalf of the joint
agreement, for a | 24 |
| probationary period of two consecutive years shall enter
upon | 25 |
| contractual continued service in all of the programs conducted | 26 |
| by such
joint agreement which the teacher is legally qualified |
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| to hold; except that
(i) for
a teacher who is first employed on | 2 |
| or after January 1, 1998 in a program of a
special education | 3 |
| joint agreement and who has not before that date already
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| entered upon contractual continued service in all of the | 5 |
| programs conducted by
the joint agreement that the teacher is | 6 |
| legally qualified to hold, the
probationary period shall be 4 | 7 |
| consecutive years before the teacher enters upon
contractual | 8 |
| continued service in all of those programs and (ii) for a | 9 |
| teacher who is first employed on or after the effective date of | 10 |
| this amendatory Act of the 96th General Assembly in a program | 11 |
| of a
special education joint agreement but who, prior to this | 12 |
| employment, already entered upon contractual continued service | 13 |
| in the programs of another joint agreement pursuant to this | 14 |
| Section, the probationary period shall be 2 consecutive years | 15 |
| before the teacher enters upon contractual continued service if | 16 |
| the employment from the programs of the one joint agreement to | 17 |
| the other has been continuous . In the
event of a reduction in | 18 |
| the number of programs or positions in the joint
agreement, the | 19 |
| teacher on contractual continued service shall be eligible
for | 20 |
| employment in the joint agreement programs for which the | 21 |
| teacher is
legally qualified in order of greater length of | 22 |
| continuing service in the
joint agreement unless an alternative | 23 |
| method of determining the sequence of
dismissal is established | 24 |
| in a collective bargaining agreement. In the
event of the | 25 |
| dissolution of a joint agreement, the teacher on contractual
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| continued service who is legally qualified shall be assigned to |
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| any
comparable position in a member district currently held by | 2 |
| a teacher who
has not entered upon contractual continued | 3 |
| service or held by a teacher who
has entered upon contractual | 4 |
| continued service with shorter length of
contractual continued | 5 |
| service.
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| The governing board of the joint agreement, or the | 7 |
| administrative
district, if so authorized by the articles of | 8 |
| agreement of the joint
agreement, rather than the board of | 9 |
| education of a school district, may
carry out employment and | 10 |
| termination actions including dismissals under
this Section | 11 |
| and Section 24-12.
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| For purposes of this and succeeding Sections of this | 13 |
| Article, a program
of a special educational joint agreement | 14 |
| shall be defined as instructional,
consultative, supervisory, | 15 |
| administrative, diagnostic, and related services
which are | 16 |
| managed by the special educational joint agreement designed to
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| service two or more districts which are members of the joint | 18 |
| agreement.
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| Each joint agreement shall be required to post by February | 20 |
| 1, a list of
all its employees in order of length of continuing | 21 |
| service in the joint
agreement, unless an alternative method of | 22 |
| determining a sequence of
dismissal is established in an | 23 |
| applicable collective bargaining agreement.
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| The employment of any teacher in a special education | 25 |
| program
authorized by Section 14-1.01 through 14-14.01, or a | 26 |
| joint educational
program established under Section 10-22.31a, |
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| shall be under this and the
succeeding Sections of this | 2 |
| Article, and such employment shall be deemed
a continuation of | 3 |
| the previous employment of such teacher in any of the
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| participating districts, regardless of the participation of | 5 |
| other
districts in the program. Any teacher employed as a | 6 |
| full-time teacher in
a special education program prior to | 7 |
| September 23, 1987 in which 2 or
more school districts
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| participate for a probationary period of 2 consecutive years | 9 |
| shall enter
upon contractual continued service in each of the | 10 |
| participating
districts, subject to this and the succeeding | 11 |
| Sections of this Article,
and in the event of the termination | 12 |
| of the program shall be eligible for
any vacant position in any | 13 |
| of such districts for which such teacher is
qualified.
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| (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
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| Section 90. The State Mandates Act is amended by adding | 16 |
| Section 8.33 as follows: | 17 |
| (30 ILCS 805/8.33 new) | 18 |
| Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 | 19 |
| of this Act, no reimbursement by the State is required for the | 20 |
| implementation of any mandate created by this amendatory Act of | 21 |
| the 96th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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