Illinois General Assembly - Full Text of HB4690
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Full Text of HB4690  102nd General Assembly

HB4690eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4690 EngrossedLRB102 23298 CMG 32464 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 Sections
524-12 and 34-85 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 and categorized by positions and the
18groupings defined in this subsection (b) must be distributed
19to the exclusive bargaining representative at least 75 days
20before the end of the school term, provided that the school
21district or joint agreement may, with notice to any exclusive
22employee representatives, move teachers from grouping one into
23another grouping during the period of time from 75 days until
2445 days before the end of the school term. Each year, each
25board shall also establish, in consultation with any exclusive
26employee representatives, a list showing the length of

 

 

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

 

 

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1the beginning of the following school term. If the board or
2joint agreement has any vacancies within the period from the
3beginning of the following school term through February 1 of
4the following school term (unless a date later than February
51, but no later than 6 months from the beginning of the
6following school term, is established in a collective
7bargaining agreement), the positions thereby becoming
8available must be tendered to the teachers so removed or
9dismissed who were in grouping 2 of the sequence of dismissal
10due to one "needs improvement" rating on either of the
11teacher's last 2 performance evaluation ratings, provided
12that, if 2 ratings are available, the other performance
13evaluation rating used for grouping purposes is
14"satisfactory", "proficient", or "excellent", and are
15qualified to hold the positions, based upon legal
16qualifications and any other qualifications established in a
17district or joint agreement job description, on or before the
18May 10 prior to the date of the positions becoming available.
19On and after July 1, 2014 (the effective date of Public Act
2098-648), the preceding sentence shall apply to teachers
21removed or dismissed by honorable dismissal, even if notice of
22honorable dismissal occurred during the 2013-2014 school year.
23Among teachers eligible for recall pursuant to the preceding
24sentence, the order of recall must be in inverse order of
25dismissal, unless an alternative order of recall is
26established in a collective bargaining agreement or contract

 

 

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1between the board and a professional faculty members'
2organization. Whenever the number of honorable dismissal
3notices based upon economic necessity exceeds 5 notices or
4150% of the average number of teachers honorably dismissed in
5the preceding 3 years, whichever is more, then the school
6board or governing board of a joint agreement, as applicable,
7shall also hold a public hearing on the question of the
8dismissals. Following the hearing and board review, the action
9to approve any such reduction shall require a majority vote of
10the board members.
11    For purposes of this subsection (b), subject to agreement
12on an alternative definition reached by the joint committee
13described in subsection (c) of this Section, a teacher's
14performance evaluation rating means the overall performance
15evaluation rating resulting from an annual or biennial
16performance evaluation conducted pursuant to Article 24A of
17this Code by the school district or joint agreement
18determining the sequence of dismissal, not including any
19performance evaluation conducted during or at the end of a
20remediation period. No more than one evaluation rating each
21school term shall be one of the evaluation ratings used for the
22purpose of determining the sequence of dismissal. Except as
23otherwise provided in this subsection for any performance
24evaluations conducted during or at the end of a remediation
25period, if multiple performance evaluations are conducted in a
26school term, only the rating from the last evaluation

 

 

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1conducted prior to establishing the sequence of honorable
2dismissal list in such school term shall be the one evaluation
3rating from that school term used for the purpose of
4determining the sequence of dismissal. Averaging ratings from
5multiple evaluations is not permitted unless otherwise agreed
6to in a collective bargaining agreement or contract between
7the board and a professional faculty members' organization.
8The preceding 3 sentences are not a legislative declaration
9that existing law does or does not already require that only
10one performance evaluation each school term shall be used for
11the purpose of determining the sequence of dismissal. For
12performance evaluation ratings determined prior to September
131, 2012, any school district or joint agreement with a
14performance evaluation rating system that does not use either
15of the rating category systems specified in subsection (d) of
16Section 24A-5 of this Code for all teachers must establish a
17basis for assigning each teacher a rating that complies with
18subsection (d) of Section 24A-5 of this Code for all of the
19performance evaluation ratings that are to be used to
20determine the sequence of dismissal. A teacher's grouping and
21ranking on a sequence of honorable dismissal shall be deemed a
22part of the teacher's performance evaluation, and that
23information shall be disclosed to the exclusive bargaining
24representative as part of a sequence of honorable dismissal
25list, notwithstanding any laws prohibiting disclosure of such
26information. A performance evaluation rating may be used to

 

 

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

 

 

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1shall receive a teacher's performance rating deemed Excellent.
2A school board and any exclusive bargaining representative may
3mutually agree to an alternate performance rating for teachers
4not in contractual continued service during any time in which
5the Governor has declared a disaster due to a public health
6emergency pursuant to Section 7 of the Illinois Emergency
7Management Agency Act, as long as the agreement is in writing.
8If a performance evaluation rating is nullified as the result
9of an arbitration, administrative agency, or court
10determination, then the school district or joint agreement is
11deemed to have conducted a performance evaluation for that
12school year, but the performance evaluation rating may not be
13used in determining the sequence of dismissal.
14    Nothing in this subsection (b) shall be construed as
15limiting the right of a school board or governing board of a
16joint agreement to dismiss a teacher not in contractual
17continued service in accordance with Section 24-11 of this
18Code.
19    Any provisions regarding the sequence of honorable
20dismissals and recall of honorably dismissed teachers in a
21collective bargaining agreement entered into on or before
22January 1, 2011 and in effect on June 13, 2011 (the effective
23date of Public Act 97-8) that may conflict with Public Act 97-8
24shall remain in effect through the expiration of such
25agreement or June 30, 2013, whichever is earlier.
26    (c) Each school district and special education joint

 

 

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

 

 

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

 

 

HB4690 Engrossed- 16 -LRB102 23298 CMG 32464 b

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

 

 

HB4690 Engrossed- 17 -LRB102 23298 CMG 32464 b

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

 

 

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

 

 

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

 

 

HB4690 Engrossed- 20 -LRB102 23298 CMG 32464 b

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

 

 

HB4690 Engrossed- 21 -LRB102 23298 CMG 32464 b

1    Illinois Emergency Management Agency Act and except if the
2    parties mutually agree otherwise and the agreement is in
3    writing, the requirements of this Section pertaining to
4    prehearings and hearings are paused and do not begin to
5    toll until the proclamation is no longer in effect. If
6    mutually agreed to and reduced to writing, the parties may
7    proceed with the prehearing and hearing requirements of
8    this Section and may also agree to extend the timelines of
9    this Section connected to the appointment and selection of
10    a hearing officer and those connected to commencing and
11    concluding a hearing. Any hearing convened during a public
12    health emergency pursuant to Section 7 of the Illinois
13    Emergency Management Agency Act may be convened remotely.
14    Any hearing officer for a hearing convened during a public
15    health emergency pursuant to Section 7 of the Illinois
16    Emergency Management Agency Act may voluntarily withdraw
17    from the hearing and another hearing officer shall be
18    selected or appointed pursuant to this Section.
19        In this paragraph, "pre-hearing procedures" refers to
20    the pre-hearing procedures under Section 51.55 of Title 23
21    of the Illinois Administrative Code and "hearing" refers
22    to the hearing under Section 51.60 of Title 23 of the
23    Illinois Administrative Code. Any teacher who has been
24    charged with engaging in acts of corporal punishment,
25    physical abuse, grooming, or sexual misconduct and who
26    previously paused pre-hearing procedures or a hearing

 

 

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1    pursuant to Public Act 101-643 must proceed with selection
2    of a hearing officer or hearing date, or both, within the
3    timeframes established by this paragraph (3) and
4    paragraphs (4) through (6) of this subsection (d), unless
5    the timeframes are mutually waived in writing by both
6    parties, and all timelines set forth in this Section in
7    cases concerning corporal punishment, physical abuse,
8    grooming, or sexual misconduct shall be reset to begin the
9    day after the effective date of this amendatory Act of the
10    102nd General Assembly. Any teacher charged with engaging
11    in acts of corporal punishment, physical abuse, grooming,
12    or sexual misconduct on or after the effective date of
13    this amendatory Act of the 102nd General Assembly may not
14    pause pre-hearing procedures or a hearing.
15        (4) In the alternative to selecting a hearing officer
16    from the list received from the State Board of Education
17    or accepting the appointment of a hearing officer by the
18    State Board of Education or if the State Board of
19    Education cannot provide a list or appoint a hearing
20    officer that meets the foregoing requirements, the board
21    and the teacher or their legal representatives may
22    mutually agree to select an impartial hearing officer who
23    is not on the master list either by direct appointment by
24    the parties or by using procedures for the appointment of
25    an arbitrator established by the Federal Mediation and
26    Conciliation Service or the American Arbitration

 

 

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1    Association. The parties shall notify the State Board of
2    Education of their intent to select a hearing officer
3    using an alternative procedure within 3 business days of
4    receipt of a list of prospective hearing officers provided
5    by the State Board of Education, notice of appointment of
6    a hearing officer by the State Board of Education, or
7    receipt of notice from the State Board of Education that
8    it cannot provide a list that meets the foregoing
9    requirements, whichever is later.
10        (5) If the notice of dismissal was sent to the teacher
11    before July 1, 2012, the fees and costs for the hearing
12    officer must be paid by the State Board of Education. If
13    the notice of dismissal was sent to the teacher on or after
14    July 1, 2012, the hearing officer's fees and costs must be
15    paid as follows in this paragraph (5). The fees and
16    permissible costs for the hearing officer must be
17    determined by the State Board of Education. If the board
18    and the teacher or their legal representatives mutually
19    agree to select an impartial hearing officer who is not on
20    a list received from the State Board of Education, they
21    may agree to supplement the fees determined by the State
22    Board to the hearing officer, at a rate consistent with
23    the hearing officer's published professional fees. If the
24    hearing officer is mutually selected by the parties, then
25    the board and the teacher or their legal representatives
26    shall each pay 50% of the fees and costs and any

 

 

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1    supplemental allowance to which they agree. If the hearing
2    officer is selected by the board, then the board shall pay
3    100% of the hearing officer's fees and costs. The fees and
4    costs must be paid to the hearing officer within 14 days
5    after the board and the teacher or their legal
6    representatives receive the hearing officer's decision set
7    forth in paragraph (7) of this subsection (d).
8        (6) The teacher is required to answer the bill of
9    particulars and aver affirmative matters in his or her
10    defense, and the time for initially doing so and the time
11    for updating such answer and defenses after pre-hearing
12    discovery must be set by the hearing officer. The State
13    Board of Education shall promulgate rules so that each
14    party has a fair opportunity to present its case and to
15    ensure that the dismissal process proceeds in a fair and
16    expeditious manner. These rules shall address, without
17    limitation, discovery and hearing scheduling conferences;
18    the teacher's initial answer and affirmative defenses to
19    the bill of particulars and the updating of that
20    information after pre-hearing discovery; provision for
21    written interrogatories and requests for production of
22    documents; the requirement that each party initially
23    disclose to the other party and then update the disclosure
24    no later than 10 calendar days prior to the commencement
25    of the hearing, the names and addresses of persons who may
26    be called as witnesses at the hearing, a summary of the

 

 

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1    facts or opinions each witness will testify to, and all
2    other documents and materials, including information
3    maintained electronically, relevant to its own as well as
4    the other party's case (the hearing officer may exclude
5    witnesses and exhibits not identified and shared, except
6    those offered in rebuttal for which the party could not
7    reasonably have anticipated prior to the hearing);
8    pre-hearing discovery and preparation, including provision
9    for written interrogatories and requests for production of
10    documents, provided that discovery depositions are
11    prohibited; the conduct of the hearing; the right of each
12    party to be represented by counsel, the offer of evidence
13    and witnesses and the cross-examination of witnesses; the
14    authority of the hearing officer to issue subpoenas and
15    subpoenas duces tecum, provided that the hearing officer
16    may limit the number of witnesses to be subpoenaed on
17    behalf of each party to no more than 7; the length of
18    post-hearing briefs; and the form, length, and content of
19    hearing officers' decisions. The hearing officer shall
20    hold a hearing and render a final decision for dismissal
21    pursuant to Article 24A of this Code or shall report to the
22    school board findings of fact and a recommendation as to
23    whether or not the teacher must be dismissed for conduct.
24    The hearing officer shall commence the hearing within 75
25    days and conclude the hearing within 120 days after being
26    selected as the hearing officer, provided that the hearing

 

 

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1    officer may modify these timelines upon the showing of
2    good cause or mutual agreement of the parties. Good cause
3    for the purpose of this subsection (d) shall mean the
4    illness or otherwise unavoidable emergency of the teacher,
5    district representative, their legal representatives, the
6    hearing officer, or an essential witness as indicated in
7    each party's pre-hearing submission. In a dismissal
8    hearing pursuant to Article 24A of this Code in which a
9    witness is a student or is under the age of 18, the hearing
10    officer must make accommodations for the witness, as
11    provided under paragraph (6.5) of this subsection. The
12    hearing officer shall consider and give weight to all of
13    the teacher's evaluations written pursuant to Article 24A
14    that are relevant to the issues in the hearing.
15        Each party shall have no more than 3 days to present
16    its case, unless extended by the hearing officer to enable
17    a party to present adequate evidence and testimony,
18    including due to the other party's cross-examination of
19    the party's witnesses, for good cause or by mutual
20    agreement of the parties. The State Board of Education
21    shall define in rules the meaning of "day" for such
22    purposes. All testimony at the hearing shall be taken
23    under oath administered by the hearing officer. The
24    hearing officer shall cause a record of the proceedings to
25    be kept and shall employ a competent reporter to take
26    stenographic or stenotype notes of all the testimony. The

 

 

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1    costs of the reporter's attendance and services at the
2    hearing shall be paid by the party or parties who are
3    responsible for paying the fees and costs of the hearing
4    officer. Either party desiring a transcript of the hearing
5    shall pay for the cost thereof. Any post-hearing briefs
6    must be submitted by the parties by no later than 21 days
7    after a party's receipt of the transcript of the hearing,
8    unless extended by the hearing officer for good cause or
9    by mutual agreement of the parties.
10        (6.5) In the case of charges involving sexual abuse or
11    severe physical abuse of a student or a person under the
12    age of 18, the hearing officer shall make alternative
13    hearing procedures to protect a witness who is a student
14    or who is under the age of 18 from being intimidated or
15    traumatized. Alternative hearing procedures may include,
16    but are not limited to: (i) testimony made via a
17    telecommunication device in a location other than the
18    hearing room and outside the physical presence of the
19    teacher and other hearing participants, (ii) testimony
20    outside the physical presence of the teacher, or (iii)
21    non-public testimony. During a testimony described under
22    this subsection, each party must be permitted to ask a
23    witness who is a student or who is under 18 years of age
24    all relevant questions and follow-up questions. All
25    questions must exclude evidence of the witness' sexual
26    behavior or predisposition, unless the evidence is offered

 

 

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1    to prove that someone other than the teacher subject to
2    the dismissal hearing engaged in the charge at issue.
3        (7) The hearing officer shall, within 30 days from the
4    conclusion of the hearing or closure of the record,
5    whichever is later, make a decision as to whether or not
6    the teacher shall be dismissed pursuant to Article 24A of
7    this Code or report to the school board findings of fact
8    and a recommendation as to whether or not the teacher
9    shall be dismissed for cause and shall give a copy of the
10    decision or findings of fact and recommendation to both
11    the teacher and the school board. If a hearing officer
12    fails without good cause, specifically provided in writing
13    to both parties and the State Board of Education, to
14    render a decision or findings of fact and recommendation
15    within 30 days after the hearing is concluded or the
16    record is closed, whichever is later, the parties may
17    mutually agree to select a hearing officer pursuant to the
18    alternative procedure, as provided in this Section, to
19    rehear the charges heard by the hearing officer who failed
20    to render a decision or findings of fact and
21    recommendation or to review the record and render a
22    decision. If any hearing officer fails without good cause,
23    specifically provided in writing to both parties and the
24    State Board of Education, to render a decision or findings
25    of fact and recommendation within 30 days after the
26    hearing is concluded or the record is closed, whichever is

 

 

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1    later, the hearing officer shall be removed from the
2    master list of hearing officers maintained by the State
3    Board of Education for not more than 24 months. The
4    parties and the State Board of Education may also take
5    such other actions as it deems appropriate, including
6    recovering, reducing, or withholding any fees paid or to
7    be paid to the hearing officer. If any hearing officer
8    repeats such failure, he or she must be permanently
9    removed from the master list maintained by the State Board
10    of Education and may not be selected by parties through
11    the alternative selection process under this paragraph (7)
12    or paragraph (4) of this subsection (d). The board shall
13    not lose jurisdiction to discharge a teacher if the
14    hearing officer fails to render a decision or findings of
15    fact and recommendation within the time specified in this
16    Section. If the 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 in favor of the
19    teacher, then the hearing officer or school board shall
20    order reinstatement to the same or substantially
21    equivalent position and shall determine the amount for
22    which the school board is liable, including, but not
23    limited to, loss of income and benefits.
24        (8) The school board, within 45 days after receipt of
25    the hearing officer's findings of fact and recommendation
26    as to whether (i) the conduct at issue occurred, (ii) the

 

 

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1    conduct that did occur was remediable, and (iii) the
2    proposed dismissal should be sustained, shall issue a
3    written order as to whether the teacher must be retained
4    or dismissed for cause from its employ. The school board's
5    written order shall incorporate the hearing officer's
6    findings of fact, except that the school board may modify
7    or supplement the findings of fact if, in its opinion, the
8    findings of fact are against the manifest weight of the
9    evidence.
10        If the school board dismisses the teacher
11    notwithstanding the hearing officer's findings of fact and
12    recommendation, the school board shall make a conclusion
13    in its written order, giving its reasons therefor, and
14    such conclusion and reasons must be included in its
15    written order. The failure of the school board to strictly
16    adhere to the timelines contained in this Section shall
17    not render it without jurisdiction to dismiss the teacher.
18    The school board shall not lose jurisdiction to discharge
19    the teacher for cause if the hearing officer fails to
20    render a recommendation within the time specified in this
21    Section. The decision of the school board is final, unless
22    reviewed as provided in paragraph (9) of this subsection
23    (d).
24        If the school board retains the teacher, the school
25    board shall enter a written order stating the amount of
26    back pay and lost benefits, less mitigation, to be paid to

 

 

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1    the teacher, within 45 days after its retention order.
2    Should the teacher object to the amount of the back pay and
3    lost benefits or amount mitigated, the teacher shall give
4    written objections to the amount within 21 days. If the
5    parties fail to reach resolution within 7 days, the
6    dispute shall be referred to the hearing officer, who
7    shall consider the school board's written order and
8    teacher's written objection and determine the amount to
9    which the school board is liable. The costs of the hearing
10    officer's review and determination must be paid by the
11    board.
12        (9) The decision of the hearing officer pursuant to
13    Article 24A of this Code or of the school board's decision
14    to dismiss for cause is final unless reviewed as provided
15    in Section 24-16 of this Code. If the school board's
16    decision to dismiss for cause is contrary to the hearing
17    officer's recommendation, the court on review shall give
18    consideration to the school board's decision and its
19    supplemental findings of fact, if applicable, and the
20    hearing officer's findings of fact and recommendation in
21    making its decision. In the event such review is
22    instituted, the school board shall be responsible for
23    preparing and filing the record of proceedings, and such
24    costs associated therewith must be divided equally between
25    the parties.
26        (10) If a decision of the hearing officer for

 

 

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1    dismissal pursuant to Article 24A of this Code or of the
2    school board for dismissal for cause is adjudicated upon
3    review or appeal in favor of the teacher, then the trial
4    court shall order reinstatement and shall remand the
5    matter to the school board with direction for entry of an
6    order setting the amount of back pay, lost benefits, and
7    costs, less mitigation. The teacher may challenge the
8    school board's order setting the amount of back pay, lost
9    benefits, and costs, less mitigation, through an expedited
10    arbitration procedure, with the costs of the arbitrator
11    borne by the school board.
12        Any teacher who is reinstated by any hearing or
13    adjudication brought under this Section shall be assigned
14    by the board to a position substantially similar to the
15    one which that teacher held prior to that teacher's
16    suspension or dismissal.
17        (11) Subject to any later effective date referenced in
18    this Section for a specific aspect of the dismissal
19    process, the changes made by Public Act 97-8 shall apply
20    to dismissals instituted on or after September 1, 2011.
21    Any dismissal instituted prior to September 1, 2011 must
22    be carried out in accordance with the requirements of this
23    Section prior to amendment by Public Act 97-8.
24    (e) Nothing contained in Public Act 98-648 repeals,
25supersedes, invalidates, or nullifies final decisions in
26lawsuits pending on July 1, 2014 (the effective date of Public

 

 

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1Act 98-648) in Illinois courts involving the interpretation of
2Public Act 97-8.
3(Source: P.A. 100-768, eff. 1-1-19; 101-81, eff. 7-12-19;
4101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
 
5    (105 ILCS 5/34-85)  (from Ch. 122, par. 34-85)
6    Sec. 34-85. Removal for cause; notice and hearing;
7suspension.
8    (a) No teacher employed by the board of education shall
9(after serving the probationary period specified in Section
1034-84) be removed except for cause. Teachers (who have
11completed the probationary period specified in Section 34-84
12of this Code) shall be removed for cause in accordance with the
13procedures set forth in this Section or, at the board's
14option, the procedures set forth in Section 24-16.5 of this
15Code or such other procedures established in an agreement
16entered into between the board and the exclusive
17representative of the district's teachers under Section 34-85c
18of this Code for teachers (who have completed the probationary
19period specified in Section 34-84 of this Code) assigned to
20schools identified in that agreement. No principal employed by
21the board of education shall be removed during the term of his
22or her performance contract except for cause, which may
23include but is not limited to the principal's repeated failure
24to implement the school improvement plan or to comply with the
25provisions of the Uniform Performance Contract, including

 

 

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1additional criteria established by the Council for inclusion
2in the performance contract pursuant to Section 34-2.3.
3    Before service of notice of charges on account of causes
4that may be deemed to be remediable, the teacher or principal
5must be given reasonable warning in writing, stating
6specifically the causes that, if not removed, may result in
7charges; however, no such written warning is required if the
8causes have been the subject of a remediation plan pursuant to
9Article 24A of this Code or if the board and the exclusive
10representative of the district's teachers have entered into an
11agreement pursuant to Section 34-85c of this Code, pursuant to
12an alternative system of remediation. No written warning shall
13be required for conduct on the part of a teacher or principal
14that is cruel, immoral, negligent, or criminal or that in any
15way causes psychological or physical harm or injury to a
16student, as that conduct is deemed to be irremediable. No
17written warning shall be required for a material breach of the
18uniform principal performance contract, as that conduct is
19deemed to be irremediable; provided that not less than 30 days
20before the vote of the local school council to seek the
21dismissal of a principal for a material breach of a uniform
22principal performance contract, the local school council shall
23specify the nature of the alleged breach in writing and
24provide a copy of it to the principal.
25        (1) To initiate dismissal proceedings against a
26    teacher or principal, the general superintendent must

 

 

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1    first approve written charges and specifications against
2    the teacher or principal. A local school council may
3    direct the general superintendent to approve written
4    charges against its principal on behalf of the Council
5    upon the vote of 7 members of the Council. The general
6    superintendent must approve those charges within 45
7    calendar days or provide a written reason for not
8    approving those charges. A written notice of those
9    charges, including specifications, shall be served upon
10    the teacher or principal within 10 business days of the
11    approval of the charges. Any written notice sent on or
12    after July 1, 2012 shall also inform the teacher or
13    principal of the right to request a hearing before a
14    mutually selected hearing officer, with the cost of the
15    hearing officer split equally between the teacher or
16    principal and the board, or a hearing before a qualified
17    hearing officer chosen by the general superintendent, with
18    the cost of the hearing officer paid by the board. If the
19    teacher or principal cannot be found upon diligent
20    inquiry, such charges may be served upon him by mailing a
21    copy thereof in a sealed envelope by prepaid certified
22    mail, return receipt requested, to the teacher's or
23    principal's last known address. A return receipt showing
24    delivery to such address within 20 calendar days after the
25    date of the approval of the charges shall constitute proof
26    of service.

 

 

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1        (2) No hearing upon the charges is required unless the
2    teacher or principal within 17 calendar days after
3    receiving notice requests in writing of the general
4    superintendent that a hearing be scheduled. Pending the
5    hearing of the charges, the general superintendent or his
6    or her designee may suspend the teacher or principal
7    charged without pay in accordance with rules prescribed by
8    the board, provided that if the teacher or principal
9    charged is not dismissed based on the charges, he or she
10    must be made whole for lost earnings, less setoffs for
11    mitigation.
12        (3) The board shall maintain a list of at least 9
13    qualified hearing officers who will conduct hearings on
14    charges and specifications. The list must be developed in
15    good faith consultation with the exclusive representative
16    of the board's teachers and professional associations that
17    represent the board's principals. The list may be revised
18    on July 1st of each year or earlier as needed. To be a
19    qualified hearing officer, the person must (i) be
20    accredited by a national arbitration organization and have
21    had a minimum of 5 years of experience as an arbitrator in
22    cases involving labor and employment relations matters
23    between employers and employees or their exclusive
24    bargaining representatives and (ii) beginning September 1,
25    2012, have participated in training provided or approved
26    by the State Board of Education for teacher dismissal

 

 

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1    hearing officers so that he or she is familiar with issues
2    generally involved in evaluative and non-evaluative
3    dismissals.
4        Within 5 business days after receiving the notice of
5    request for a hearing, the general superintendent and the
6    teacher or principal or their legal representatives shall
7    alternately strike one name from the list until only one
8    name remains. Unless waived by the teacher, the teacher or
9    principal shall have the right to proceed first with the
10    striking. If the teacher or principal fails to participate
11    in the striking process, the general superintendent shall
12    either select the hearing officer from the list developed
13    pursuant to this paragraph (3) or select another qualified
14    hearing officer from the master list maintained by the
15    State Board of Education pursuant to subsection (c) of
16    Section 24-12 of this Code.
17        (4) If the notice of dismissal was sent to the teacher
18    or principal before July 1, 2012, the fees and costs for
19    the hearing officer shall be paid by the State Board of
20    Education. If the notice of dismissal was sent to the
21    teacher or principal on or after July 1, 2012, the hearing
22    officer's fees and costs must be paid as follows in this
23    paragraph (4). The fees and permissible costs for the
24    hearing officer shall be determined by the State Board of
25    Education. If the hearing officer is mutually selected by
26    the parties through alternate striking in accordance with

 

 

HB4690 Engrossed- 38 -LRB102 23298 CMG 32464 b

1    paragraph (3) of this subsection (a), then the board and
2    the teacher or their legal representative shall each pay
3    50% of the fees and costs and any supplemental allowance
4    to which they agree. If the hearing officer is selected by
5    the general superintendent without the participation of
6    the teacher or principal, then the board shall pay 100% of
7    the hearing officer fees and costs. The hearing officer
8    shall submit for payment a billing statement to the
9    parties that itemizes the charges and expenses and divides
10    them in accordance with this Section.
11        (5) The teacher or the principal charged is required
12    to answer the charges and specifications and aver
13    affirmative matters in his or her defense, and the time
14    for doing so must be set by the hearing officer. The State
15    Board of Education shall adopt rules so that each party
16    has a fair opportunity to present its case and to ensure
17    that the dismissal proceeding is concluded in an
18    expeditious manner. The rules shall address, without
19    limitation, the teacher or principal's answer and
20    affirmative defenses to the charges and specifications; a
21    requirement that each party make mandatory disclosures
22    without request to the other party and then update the
23    disclosure no later than 10 calendar days prior to the
24    commencement of the hearing, including a list of the names
25    and addresses of persons who may be called as witnesses at
26    the hearing, a summary of the facts or opinions each

 

 

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1    witness will testify to, and all other documents and
2    materials, including information maintained
3    electronically, relevant to its own as well as the other
4    party's case (the hearing officer may exclude witnesses
5    and exhibits not identified and shared, except those
6    offered in rebuttal for which the party could not
7    reasonably have anticipated prior to the hearing);
8    pre-hearing discovery and preparation, including provision
9    for written interrogatories and requests for production of
10    documents, provided that discovery depositions are
11    prohibited; the conduct of the hearing; the right of each
12    party to be represented by counsel, the offer of evidence
13    and witnesses and the cross-examination of witnesses; the
14    authority of the hearing officer to issue subpoenas and
15    subpoenas duces tecum, provided that the hearing officer
16    may limit the number of witnesses to be subpoenaed in
17    behalf of each party to no more than 7; the length of
18    post-hearing briefs; and the form, length, and content of
19    hearing officers' reports and recommendations to the
20    general superintendent.
21        The hearing officer shall commence the hearing within
22    75 calendar days and conclude the hearing within 120
23    calendar days after being selected by the parties as the
24    hearing officer, provided that these timelines may be
25    modified upon the showing of good cause or mutual
26    agreement of the parties. Good cause for the purposes of

 

 

HB4690 Engrossed- 40 -LRB102 23298 CMG 32464 b

1    this paragraph (5) shall mean the illness or otherwise
2    unavoidable emergency of the teacher, district
3    representative, their legal representatives, the hearing
4    officer, or an essential witness as indicated in each
5    party's pre-hearing submission. In a dismissal hearing in
6    which a witness is a student or is under the age of 18, the
7    hearing officer must make accommodations for the witness,
8    as provided under paragraph (5.5) of this subsection. The
9    hearing officer shall consider and give weight to all of
10    the teacher's evaluations written pursuant to Article 24A
11    that are relevant to the issues in the hearing. Except as
12    otherwise provided under paragraph (5.5) of this
13    subsection, the teacher or principal has the privilege of
14    being present at the hearing with counsel and of
15    cross-examining witnesses and may offer evidence and
16    witnesses and present defenses to the charges. Each party
17    shall have no more than 3 days to present its case, unless
18    extended by the hearing officer to enable a party to
19    present adequate evidence and testimony, including due to
20    the other party's cross-examination of the party's
21    witnesses, for good cause or by mutual agreement of the
22    parties. The State Board of Education shall define in
23    rules the meaning of "day" for such purposes. All
24    testimony at the hearing shall be taken under oath
25    administered by the hearing officer. The hearing officer
26    shall cause a record of the proceedings to be kept and

 

 

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1    shall employ a competent reporter to take stenographic or
2    stenotype notes of all the testimony. The costs of the
3    reporter's attendance and services at the hearing shall be
4    paid by the party or parties who are paying the fees and
5    costs of the hearing officer. Either party desiring a
6    transcript of the hearing shall pay for the cost thereof.
7    At the close of the hearing, the hearing officer shall
8    direct the parties to submit post-hearing briefs no later
9    than 21 calendar days after receipt of the transcript.
10    Either or both parties may waive submission of briefs.
11        (5.5) In the case of charges involving sexual abuse or
12    severe physical abuse of a student or a person under the
13    age of 18, the hearing officer shall make alternative
14    hearing procedures to protect a witness who is a student
15    or who is under the age of 18 from being intimidated or
16    traumatized. Alternative hearing procedures may include,
17    but are not limited to: (i) testimony made via a
18    telecommunication device in a location other than the
19    hearing room and outside the physical presence of the
20    teacher or principal and other hearing participants, (ii)
21    testimony outside the physical presence of the teacher or
22    principal, or (iii) non-public testimony. During a
23    testimony described under this subsection, each party must
24    be permitted to ask a witness who is a student or who is
25    under 18 years of age all relevant questions and follow-up
26    questions. All questions must exclude evidence of the

 

 

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1    witness' sexual behavior or predisposition, unless the
2    evidence is offered to prove that someone other than the
3    teacher subject to the dismissal hearing engaged in the
4    charge at issue.
5        (6) The hearing officer shall within 30 calendar days
6    from the conclusion of the hearing report to the general
7    superintendent findings of fact and a recommendation as to
8    whether or not the teacher or principal shall be dismissed
9    and shall give a copy of the report to both the teacher or
10    principal and the general superintendent. The State Board
11    of Education shall provide by rule the form of the hearing
12    officer's report and recommendation.
13        (7) The board, within 45 days of receipt of the
14    hearing officer's findings of fact and recommendation,
15    shall make a decision as to whether the teacher or
16    principal shall be dismissed from its employ. The failure
17    of the board to strictly adhere to the timeliness
18    contained herein shall not render it without jurisdiction
19    to dismiss the teacher or principal. In the event that the
20    board declines to dismiss the teacher or principal after
21    review of a hearing officer's recommendation, the board
22    shall set the amount of back pay and benefits to award the
23    teacher or principal, which shall include offsets for
24    interim earnings and failure to mitigate losses. The board
25    shall establish procedures for the teacher's or
26    principal's submission of evidence to it regarding lost

 

 

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1    earnings, lost benefits, mitigation, and offsets. The
2    decision of the board is final unless reviewed in
3    accordance with paragraph (8) of this subsection (a).
4        (8) The teacher may seek judicial review of the
5    board's decision in accordance with the Administrative
6    Review Law, which is specifically incorporated in this
7    Section, except that the review must be initiated in the
8    Illinois Appellate Court for the First District. In the
9    event judicial review is instituted, any costs of
10    preparing and filing the record of proceedings shall be
11    paid by the party instituting the review. In the event the
12    appellate court reverses a board decision to dismiss a
13    teacher or principal and directs the board to pay the
14    teacher or the principal back pay and benefits, the
15    appellate court shall remand the matter to the board to
16    issue an administrative decision as to the amount of back
17    pay and benefits, which shall include a calculation of the
18    lost earnings, lost benefits, mitigation, and offsets
19    based on evidence submitted to the board in accordance
20    with procedures established by the board.
21        (9) If the Governor has declared a disaster due to a
22    public health emergency pursuant to Section 7 of the
23    Illinois Emergency Management Act, except if the parties
24    mutually agree otherwise and the agreement is in writing,
25    the requirements of this Section pertaining to prehearings
26    and hearings are paused and do not begin to toll until the

 

 

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1    proclamation declaring the disaster is no longer in
2    effect. If mutually agreed to and reduced in writing, the
3    parties may proceed with the prehearing and hearing
4    requirements of this Section connected to the appointment
5    and selection of a hearing officer and those connected to
6    commencing and concluding a hearing. Any hearing convened
7    during a public health emergency pursuant to Section 7 of
8    the Illinois Emergency Management Agency Act may be
9    convened remotely. Any hearing officer for a hearing
10    convened during a public health emergency pursuant to
11    Section 7 of the Illinois Emergency Management Agency Act
12    may voluntarily withdraw from the hearing and another
13    hearing officer shall be selected or appointed pursuant to
14    this Section.
15        In this paragraph, "pre-hearing procedures" refers to
16    the pre-hearing procedures under Section 51.55 of Title 23
17    of the Illinois Administrative Code and "hearing" refers
18    to the hearing under Section 51.60 of Title 23 of the
19    Illinois Administrative Code. Any teacher or principal who
20    has been charged with engaging in acts of corporal
21    punishment, physical abuse, grooming, or sexual misconduct
22    and who previously paused pre-hearing procedures or a
23    hearing pursuant to Public Act 101-643 must proceed with
24    selection of a hearing officer or hearing date, or both,
25    within the timeframes established by paragraphs (3)
26    through (5) of this subsection (a), unless the timeframes

 

 

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1    are mutually waived in writing by both parties, and all
2    timelines set forth in this Section in cases concerning
3    corporal punishment, physical abuse, grooming, or sexual
4    misconduct shall be reset to begin the day after the
5    effective date of this amendatory Act of the 102nd General
6    Assembly. Any teacher or principal charged with engaging
7    in acts of corporal punishment, physical abuse, grooming,
8    or sexual misconduct on or after the effective date of
9    this amendatory Act of the 102nd General Assembly may not
10    pause pre-hearing procedures or a hearing.
11    (b) Nothing in this Section affects the validity of
12removal for cause hearings commenced prior to June 13, 2011
13(the effective date of Public Act 97-8).
14    The changes made by Public Act 97-8 shall apply to
15dismissals instituted on or after September 1, 2011 or the
16effective date of Public Act 97-8, whichever is later. Any
17dismissal instituted prior to the effective date of these
18changes must be carried out in accordance with the
19requirements of this Section prior to amendment by Public Act
2097-8.
21(Source: P.A. 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.