Full Text of SB1474 95th General Assembly
SB1474enr 95TH 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,
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| represented in the General Assembly:
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| Section 10. The School Code is amended by changing Sections | 5 |
| 24A-2, 24A-4, 24A-5, 24A-7, 34-8.1, 34-85, and 34-85b and by | 6 |
| adding Section 34-85c as follows:
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| (105 ILCS 5/24A-2) (from Ch. 122, par. 24A-2)
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| Sec. 24A-2. Application. The provisions of this Article | 9 |
| shall apply to
all public school districts organized and | 10 |
| operating pursuant to the
provisions of this Code, including | 11 |
| special charter districts and
those school districts operating | 12 |
| in accordance with Article 34 , except that this Section does | 13 |
| not apply to teachers assigned to schools identified in an | 14 |
| agreement entered into between the board of a school district | 15 |
| operating under Article 34 and the exclusive representative of | 16 |
| the district's teachers in accordance with Section 34-85c of | 17 |
| this Code .
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| (Source: P.A. 84-972.)
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| (105 ILCS 5/24A-4) (from Ch. 122, par. 24A-4)
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| Sec. 24A-4. Development and submission of evaluation plan. | 21 |
| As used in
this and the succeeding Sections, "teacher" means | 22 |
| any and all school
district employees regularly required to be |
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| certified under laws relating
to the certification of teachers. | 2 |
| Each school district shall develop, in
cooperation with its | 3 |
| teachers or, where applicable, the exclusive
bargaining | 4 |
| representatives of its teachers, an evaluation plan for all
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| teachers in contractual continued service. The district shall, | 6 |
| no later
than October 1, 1986, submit a copy of its evaluation | 7 |
| plan to the State
Board of Education, which shall review the | 8 |
| plan and make public its
comments thereon, and the district | 9 |
| shall at the same time provide a copy to
the exclusive | 10 |
| bargaining representatives. Whenever any substantive change
is | 11 |
| made in a district's evaluation plan, the new plan shall be | 12 |
| submitted to
the State Board of Education for review and | 13 |
| comment, and the district shall
at the same time provide a copy | 14 |
| of any such new plan to the exclusive
bargaining | 15 |
| representatives. The board of a school district operating under | 16 |
| Article 34 of this Code and the exclusive representative of the | 17 |
| district's teachers shall submit a certified copy of an | 18 |
| agreement entered into under Section 34-85c of this Code to the | 19 |
| State Board of Education, and that agreement shall constitute | 20 |
| the teacher evaluation plan for teachers assigned to schools | 21 |
| identified in that agreement. Whenever any substantive change | 22 |
| is made in an agreement entered into under Section 34-85c of | 23 |
| this Code by the board of a school district operating under | 24 |
| Article 34 of this Code and the exclusive representative of the | 25 |
| district's teachers, the new agreement shall be submitted to | 26 |
| the State Board of Education.
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| (Source: P.A. 85-1163.)
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| (105 ILCS 5/24A-5) (from Ch. 122, par. 24A-5)
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| Sec. 24A-5. Content of evaluation plans. This Section does | 4 |
| not apply to teachers assigned to schools identified in an | 5 |
| agreement entered into between the board of a school district | 6 |
| operating under Article 34 of this Code and the exclusive | 7 |
| representative of the district's teachers in accordance with | 8 |
| Section 34-85c of this Code.
Each school district to
which this | 9 |
| Article applies shall establish a teacher evaluation plan
which | 10 |
| ensures that each teacher in contractual continued service
is | 11 |
| evaluated at least once in the course of every 2 school years, | 12 |
| beginning
with the 1986-87 school year.
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| The evaluation plan shall comply with the requirements of | 14 |
| this Section and
of any rules adopted by the State Board of | 15 |
| Education pursuant to this Section.
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| The plan shall include a description of each teacher's | 17 |
| duties
and responsibilities and of the standards to which that | 18 |
| teacher
is expected to conform.
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| The plan may provide for evaluation of personnel whose | 20 |
| positions
require administrative certification by independent | 21 |
| evaluators not employed
by or affiliated with the school | 22 |
| district. The results of the school
district administrators' | 23 |
| evaluations shall be reported to the employing
school board, | 24 |
| together with such recommendations for remediation as the
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| evaluator or evaluators may deem appropriate.
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| Evaluation of teachers whose positions do not require | 2 |
| administrative
certification shall be conducted by an | 3 |
| administrator qualified under Section
24A-3, or -- in school | 4 |
| districts having a population exceeding 500,000 --
by either an | 5 |
| administrator qualified under Section 24A-3 or an assistant
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| principal under the supervision of an administrator qualified | 7 |
| under Section
24A-3, and shall include at least the following | 8 |
| components:
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| (a) personal observation of the teacher in the | 10 |
| classroom (on at least
2 different school days in school | 11 |
| districts having a population
exceeding
500,000) by a | 12 |
| district administrator qualified under Section 24A-3, or - | 13 |
| -
in school districts having a population exceeding | 14 |
| 500,000 -- by either an
administrator qualified under | 15 |
| Section 24A-3 or an assistant principal under
the | 16 |
| supervision of an administrator qualified under Section | 17 |
| 24A-3, unless
the teacher has no classroom duties.
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| (b) consideration of the teacher's attendance, | 19 |
| planning, and
instructional methods, classroom management, | 20 |
| where relevant, and
competency in the subject matter | 21 |
| taught, where relevant.
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| (c) rating of the teacher's performance as | 23 |
| "excellent",
"satisfactory" or "unsatisfactory".
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| (d) specification as to the teacher's strengths and | 25 |
| weaknesses, with
supporting reasons for the comments made.
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| (e) inclusion of a copy of the evaluation in the |
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| teacher's personnel
file and provision of a copy to the | 2 |
| teacher.
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| (f) within 30 days after completion of an evaluation | 4 |
| rating a teacher
as "unsatisfactory", development and | 5 |
| commencement by the district, or by an administrator | 6 |
| qualified under Section
24A-3 or an assistant principal | 7 |
| under the supervision of an administrator
qualified under | 8 |
| Section 24A-3 in school districts having a population
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| exceeding 500,000, of a remediation plan designed to | 10 |
| correct deficiencies
cited, provided the deficiencies are | 11 |
| deemed remediable.
In all school districts the
remediation | 12 |
| plan for unsatisfactory, tenured teachers shall
provide | 13 |
| for 90 school days of remediation within the
classroom. In | 14 |
| all school districts evaluations issued pursuant
to
this | 15 |
| Section shall be
issued within 10 days after the conclusion | 16 |
| of the respective remediation plan.
However, the school | 17 |
| board or other governing authority of the district
shall | 18 |
| not lose
jurisdiction to discharge a teacher in the event | 19 |
| the evaluation is not issued
within 10 days after the | 20 |
| conclusion of the respective remediation plan.
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| (g) participation in the remediation plan by the | 22 |
| teacher rated
"unsatisfactory", a district administrator | 23 |
| qualified under Section 24A-3
(or -- in a school district | 24 |
| having a population exceeding 500,000 -- an
administrator | 25 |
| qualified under Section 24A-3 or an assistant principal | 26 |
| under
the supervision of an administrator qualified under |
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| Section 24A-3),
and a consulting teacher, selected by the | 2 |
| participating administrator or by
the principal, or -- in | 3 |
| school districts having a population exceeding
500,000 -- | 4 |
| by an administrator qualified under Section 24A-3 or by an
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| assistant principal under the supervision of an | 6 |
| administrator qualified
under Section 24A-3, of the | 7 |
| teacher who was rated "unsatisfactory", which
consulting | 8 |
| teacher is an educational employee as defined in the | 9 |
| Educational
Labor Relations Act, has at least 5 years' | 10 |
| teaching experience and a
reasonable familiarity with the | 11 |
| assignment of the teacher being evaluated,
and who received | 12 |
| an "excellent" rating on his or her most
recent evaluation. | 13 |
| Where no teachers who meet these criteria are available
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| within the district, the district shall request and the | 15 |
| State Board of
Education shall supply, to participate in | 16 |
| the remediation process, an
individual who meets these | 17 |
| criteria.
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| In a district having a population of less than 500,000 | 19 |
| with an
exclusive bargaining agent, the bargaining agent
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| may, if it so chooses, supply a roster of qualified | 21 |
| teachers from whom the
consulting teacher is to be | 22 |
| selected. That roster shall, however, contain
the names of | 23 |
| at least 5 teachers, each of whom meets the criteria for
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| consulting teacher with regard to the teacher being | 25 |
| evaluated, or the names
of all teachers so qualified if | 26 |
| that number is less than 5. In the event of
a dispute as to |
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| qualification, the State Board shall determine | 2 |
| qualification.
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| (h) evaluations and ratings once every 30 school days
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| for the 90 school day
remediation period immediately
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| following receipt of a remediation plan provided for under | 6 |
| subsections (f) and (g) of this
Section;
provided that in | 7 |
| school districts having a population
exceeding
500,000
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| there shall be monthly evaluations and ratings for the | 9 |
| first 6 months and
quarterly evaluations and ratings for | 10 |
| the next 6 months immediately
following completion of the | 11 |
| remediation program of a teacher for whom a
remediation | 12 |
| plan has been developed. These subsequent evaluations
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| shall be conducted by the participating administrator, or - | 14 |
| - in school
districts having a population exceeding | 15 |
| 500,000 -- by either the principal
or by an assistant | 16 |
| principal under the supervision of an
administrator | 17 |
| qualified under Section 24A-3. The consulting
teacher | 18 |
| shall provide advice to the teacher rated "unsatisfactory" | 19 |
| on how
to improve teaching skills and to successfully | 20 |
| complete the remediation
plan. The consulting teacher | 21 |
| shall participate in developing the
remediation plan, but | 22 |
| the final decision as to the evaluation shall be done
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| solely by the administrator, or -- in school districts | 24 |
| having a population
exceeding 500,000 -- by either the | 25 |
| principal or by an assistant principal
under the | 26 |
| supervision of an administrator qualified under Section |
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| 24A-3,
unless an applicable collective bargaining | 2 |
| agreement provides to the contrary.
Teachers in the | 3 |
| remediation process in a school district having a
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| population
exceeding 500,000 are not subject to the annual | 5 |
| evaluations
described in paragraphs (a) through (e) of this | 6 |
| Section. Evaluations at the
conclusion of the remediation | 7 |
| process shall be separate and distinct from the
required | 8 |
| annual evaluations of teachers and shall not be subject to | 9 |
| the
guidelines and procedures relating to those annual | 10 |
| evaluations. The evaluator
may but is not required to use | 11 |
| the forms provided for the annual evaluation of
teachers in | 12 |
| the district's evaluation plan.
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| (i) in school districts having a population of less | 14 |
| than
500,000,
reinstatement to a schedule of biennial | 15 |
| evaluation for any teacher
who completes the 90 school day | 16 |
| remediation plan with a
"satisfactory" or better
rating, | 17 |
| unless the district's plan regularly requires more | 18 |
| frequent
evaluations; and in school districts having a | 19 |
| population exceeding
500,000, reinstatement to a schedule | 20 |
| of biennial evaluation for any teacher
who completes the 90 | 21 |
| school day remediation plan with a "satisfactory" or
better | 22 |
| rating and the one
year intensive review schedule as | 23 |
| provided in paragraph (h) of this Section
with a | 24 |
| "satisfactory" or better rating, unless such district's | 25 |
| plan regularly
requires more frequent evaluations.
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| (j) dismissal in accordance with Section 24-12 or 34-85 |
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| of The School
Code of any teacher who fails to complete any | 2 |
| applicable remediation plan
with a "satisfactory" or | 3 |
| better rating. Districts and teachers subject to
dismissal | 4 |
| hearings are precluded from compelling the testimony of
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| consulting teachers at such hearings under Section 24-12 or | 6 |
| 34-85, either
as to the rating process or for opinions of | 7 |
| performances by teachers under
remediation.
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| In a district subject to a collective bargaining agreement
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| as of the effective date of this amendatory Act of 1997, any | 10 |
| changes made by this amendatory Act to the provisions of this
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| Section that are contrary to the express terms and provisions | 12 |
| of that
agreement shall go into effect in that district only | 13 |
| upon
expiration of that agreement. Thereafter, collectively | 14 |
| bargained evaluation
plans shall at a minimum meet the | 15 |
| standards of this Article. If such a
district has an evaluation | 16 |
| plan, however, whether pursuant to the
collective bargaining | 17 |
| agreement or otherwise, a copy of that plan shall be
submitted | 18 |
| to the State Board of Education for review and comment, in
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| accordance with Section 24A-4.
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| Nothing in this Section shall be construed as preventing | 21 |
| immediate
dismissal of a teacher for deficiencies which are
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| deemed irremediable or for actions which are injurious to or | 23 |
| endanger the
health or person of students in the classroom or | 24 |
| school. Failure to
strictly comply with the time requirements | 25 |
| contained in Section 24A-5 shall
not invalidate the results of | 26 |
| the remediation plan.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98; 90-653, | 2 |
| eff. 7-29-98.)
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| (105 ILCS 5/24A-7) (from Ch. 122, par. 24A-7)
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| Sec. 24A-7. Rules. The State Board of Education is | 5 |
| authorized to adopt such rules as
are deemed necessary to | 6 |
| implement and accomplish the purposes and
provisions of this | 7 |
| Article , except that these rules shall not apply to teachers | 8 |
| assigned to schools identified in an agreement entered into | 9 |
| between the board of a school district operating under Article | 10 |
| 34 of this Code and the exclusive representative of the | 11 |
| district's teachers in accordance with Section 34-85c of this | 12 |
| Code .
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| (Source: P.A. 84-972.)
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| (105 ILCS 5/34-8.1) (from Ch. 122, par. 34-8.1)
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| Sec. 34-8.1. Principals. Principals shall be employed to | 16 |
| supervise the
operation of each attendance center. Their powers | 17 |
| and duties shall include
but not be limited to the authority | 18 |
| (i) to
direct, supervise, evaluate, and suspend with or without | 19 |
| pay or otherwise
discipline all teachers, assistant | 20 |
| principals, and other employees assigned to
the attendance | 21 |
| center in accordance with board rules and policies and (ii) to
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| direct
all other persons assigned to the
attendance center | 23 |
| pursuant to a contract with a third party to provide services
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| to the school system. The right to employ, discharge, and |
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| layoff shall be
vested solely with the board, provided that | 2 |
| decisions to
discharge or suspend
non-certified employees, | 3 |
| including disciplinary layoffs, and the
termination of | 4 |
| certified employees from employment pursuant to a layoff
or | 5 |
| reassignment policy are subject to review under the grievance | 6 |
| resolution
procedure adopted pursuant to subsection (c) of | 7 |
| Section 10 of the Illinois
Educational Labor Relations Act. The | 8 |
| grievance resolution procedure
adopted by the board shall | 9 |
| provide for final and binding arbitration, and,
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| notwithstanding any other provision of law to the contrary, the
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| arbitrator's decision may include all make-whole relief, | 12 |
| including without
limitation reinstatement. The principal | 13 |
| shall fill positions by
appointment as provided in this Section | 14 |
| and may make recommendations to the
board regarding the | 15 |
| employment, discharge, or layoff of any individual. The
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| authority of the principal shall include the
authority to | 17 |
| direct the hours during which the attendance center
shall be | 18 |
| open and available for use provided the use complies with board | 19 |
| rules
and policies, to determine when and what operations shall | 20 |
| be conducted within
those hours, and to schedule staff within | 21 |
| those hours. Under the direction of, and subject to the | 22 |
| authority
of the principal, the Engineer In Charge shall
be | 23 |
| accountable for the safe, economical operation of the plant and | 24 |
| grounds
and shall also be responsible for orientation, | 25 |
| training,
and supervising the work of Engineers,
Trainees, | 26 |
| school maintenance assistants, custodial workers and other |
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| plant
operation employees under his or her direction.
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| There shall be established by the board a system of | 3 |
| semi-annual
evaluations conducted by the principal as to | 4 |
| performance of the engineer in charge. Nothing
in this Section | 5 |
| shall prevent the principal from conducting additional
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| evaluations. An overall
numerical rating shall be given by the | 7 |
| principal based on the evaluation
conducted by the principal. | 8 |
| An unsatisfactory numerical rating shall result in
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| disciplinary
action, which may include, without limitation and | 10 |
| in the judgment of the
principal, loss of
promotion
or bidding | 11 |
| procedure, reprimand, suspension with or without pay, or
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| recommended dismissal. The board shall establish
procedures | 13 |
| for conducting the
evaluation
and reporting the results to the | 14 |
| engineer in charge.
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| Under the direction of, and subject to the authority of, | 16 |
| the principal, the
Food Service Manager is responsible at
all | 17 |
| times for the proper operation and maintenance of the lunch | 18 |
| room to which
he is assigned and shall also be responsible for | 19 |
| the orientation, training, and
supervising the work of cooks, | 20 |
| bakers, porters,
and lunchroom attendants under his or
her | 21 |
| direction.
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| There shall be established by the Board a system of | 23 |
| semi-annual
evaluations conducted by the principal as to the | 24 |
| performance of the food
service manager.
Nothing in this | 25 |
| Section shall prevent the principal from conducting
additional | 26 |
| evaluations. An overall numerical rating shall be given by the
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| principal based on the
evaluation conducted by the principal. | 2 |
| An unsatisfactory numerical rating
shall
result in | 3 |
| disciplinary action which may include, without limitation and | 4 |
| in
the judgment of the principal, loss of promotion or bidding | 5 |
| procedure,
reprimand, suspension with or without pay, or | 6 |
| recommended dismissal. The board
shall establish rules for | 7 |
| conducting the evaluation and
reporting the results to the food | 8 |
| service manager.
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| Nothing in this Section shall be interpreted to require the | 10 |
| employment or
assignment of an Engineer-In-Charge or a Food | 11 |
| Service Manager for each
attendance center.
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| Principals shall be employed to supervise the educational | 13 |
| operation of
each attendance center. If a principal is absent | 14 |
| due to extended
illness or leave or absence, an assistant | 15 |
| principal may be assigned as
acting principal for a period not | 16 |
| to exceed 100 school days. Each principal
shall assume | 17 |
| administrative responsibility and instructional leadership, in
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| accordance with reasonable rules and regulations of the board, | 19 |
| for the
planning, operation and evaluation of the educational | 20 |
| program of the
attendance center to which he is assigned. The | 21 |
| principal shall submit
recommendations to the general | 22 |
| superintendent concerning the appointment,
dismissal, | 23 |
| retention, promotion, and assignment of all personnel assigned | 24 |
| to
the attendance center; provided, that from and after | 25 |
| September 1, 1989: (i) if
any vacancy occurs in a position at | 26 |
| the
attendance center or if an additional or new position is |
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| created at the attendance center, that position shall be filled
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| by appointment made by the principal in accordance with | 3 |
| procedures
established and provided by the Board
whenever the | 4 |
| majority of the duties included in that position are to be
| 5 |
| performed at the attendance center which is under the | 6 |
| principal's supervision,
and each such appointment so made by | 7 |
| the principal
shall be made and based upon merit and ability to | 8 |
| perform in that position
without regard to seniority or length | 9 |
| of service, provided, that such
appointments shall be subject | 10 |
| to the Board's desegregation obligations,
including but not | 11 |
| limited to the Consent Decree and Desegregation Plan in
U.S. v. | 12 |
| Chicago Board of Education; (ii)
the principal shall submit | 13 |
| recommendations based upon merit and ability to
perform in the | 14 |
| particular position, without regard to
seniority or length of | 15 |
| service, to the general
superintendent
concerning the | 16 |
| appointment of any teacher, teacher aide, counselor, clerk,
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| hall guard, security guard and any other personnel which is
to | 18 |
| be made by the general superintendent whenever less than
a | 19 |
| majority
of the duties of that teacher, teacher aide, | 20 |
| counselor, clerk, hall guard,
and security guard and any other | 21 |
| personnel are to be performed
at the attendance center which is | 22 |
| under the principal's supervision; and
(iii) subject to law and | 23 |
| the applicable collective bargaining agreements,
the authority | 24 |
| and responsibilities of a principal with respect to the
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| evaluation of all teachers and other personnel assigned to an | 26 |
| attendance
center shall commence immediately upon his or her |
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| appointment as principal
of the attendance center, without | 2 |
| regard to the length of time that he or
she has been the | 3 |
| principal of that attendance center.
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| Notwithstanding the existence of any other law of this | 5 |
| State, nothing in
this Act shall prevent the board from | 6 |
| entering into a contract with a third
party for services | 7 |
| currently performed by any employee or bargaining unit
member.
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| Notwithstanding any other provision of this Article, each | 9 |
| principal may
approve contracts, binding on the board, in the | 10 |
| amount of no more than $10,000,
if the contract is endorsed by | 11 |
| the Local School Council.
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| Unless otherwise prohibited by law or by rule of the board, | 13 |
| the principal
shall provide to local
school council members | 14 |
| copies of all
internal audits and any other pertinent | 15 |
| information generated by any audits or
reviews of the programs | 16 |
| and operation of the attendance center.
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| Each principal shall hold a valid administrative
| 18 |
| certificate issued or exchanged in accordance with Article 21 | 19 |
| and endorsed
as required by that Article for the position of | 20 |
| principal. The board may
establish or impose academic,
| 21 |
| educational, examination, and experience requirements and
| 22 |
| criteria that are in addition
to those established and required | 23 |
| by Article 21 for issuance of a valid
certificate endorsed for | 24 |
| the position of principal as a condition of the nomination, | 25 |
| selection,
appointment,
employment, or continued employment of | 26 |
| a person as principal of any
attendance center, or as a |
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| condition of the renewal of any principal's
performance | 2 |
| contract.
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| The board shall specify in its formal job description for | 4 |
| principals,
and from and after July 1, 1990 shall specify in | 5 |
| the 4 year
performance contracts for use with respect to all | 6 |
| principals,
that his or her primary responsibility is in the | 7 |
| improvement of
instruction. A majority of the time spent by a | 8 |
| principal shall be spent on
curriculum and staff development | 9 |
| through both formal and informal
activities, establishing | 10 |
| clear lines of communication regarding school
goals, | 11 |
| accomplishments, practices and policies with parents and | 12 |
| teachers.
The principal, with the assistance of the local | 13 |
| school council, shall
develop a school improvement plan as | 14 |
| provided in Section 34-2.4 and, upon
approval of the plan by | 15 |
| the local school council, shall
be responsible for directing | 16 |
| implementation of the plan. The principal,
with the assistance | 17 |
| of the professional personnel leadership committee, shall
| 18 |
| develop the specific methods and contents of the school's | 19 |
| curriculum within
the board's system-wide curriculum standards | 20 |
| and objectives and the
requirements of the school improvement | 21 |
| plan. The board shall ensure that all
principals are evaluated | 22 |
| on their instructional leadership ability and their
ability to | 23 |
| maintain a positive education and learning climate. It shall | 24 |
| also
be the responsibility of the principal to utilize | 25 |
| resources of proper law
enforcement agencies when the safety | 26 |
| and welfare of students and teachers are
threatened by illegal |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| use of drugs and alcohol, by illegal use or possession
of | 2 |
| weapons, or by illegal gang activity.
| 3 |
| Nothing in this Section shall prohibit the board and the | 4 |
| exclusive representative of the district's teachers from | 5 |
| entering into an agreement under Section 34-85c of this Code to | 6 |
| establish alternative procedures for teacher evaluation, | 7 |
| remediation, and removal for cause after remediation, | 8 |
| including an alternative system for peer evaluation and | 9 |
| recommendations, for teachers assigned to schools identified | 10 |
| in that agreement.
| 11 |
| On or before October 1, 1989, the Board of Education, in | 12 |
| consultation
with any professional organization representing | 13 |
| principals in the district,
shall promulgate rules and | 14 |
| implement a lottery for the purpose of
determining whether a | 15 |
| principal's existing performance contract (including
the | 16 |
| performance contract applicable to any principal's position in | 17 |
| which a
vacancy then exists) expires on June 30, 1990 or on | 18 |
| June 30, 1991, and
whether the ensuing 4 year performance | 19 |
| contract begins on July 1, 1990 or
July 1, 1991. The Board of | 20 |
| Education shall establish and conduct the
lottery in such | 21 |
| manner that of all the performance contracts of principals
| 22 |
| (including the performance contracts applicable to all | 23 |
| principal positions
in which a vacancy then exists), 50% of | 24 |
| such contracts shall expire on June
30, 1990, and 50% shall | 25 |
| expire on June 30, 1991. All persons serving as
principal on | 26 |
| May 1, 1989, and all persons appointed as principal after May
|
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| 1, 1989 and prior to July 1, 1990 or July 1, 1991, in a manner | 2 |
| other than
as provided by Section 34-2.3, shall be deemed by | 3 |
| operation of
law to be serving under a performance contract | 4 |
| which expires on June 30,
1990 or June 30, 1991; and unless | 5 |
| such performance contract of any such
principal is renewed (or | 6 |
| such person is again appointed to serve as
principal) in the | 7 |
| manner provided by Section 34-2.2 or 34-2.3, the
employment of | 8 |
| such person as principal shall terminate on June 30, 1990
or | 9 |
| June 30, 1991.
| 10 |
| Commencing on July 1, 1990, or on July 1, 1991, and | 11 |
| thereafter, the
principal of each attendance center shall be | 12 |
| the person selected in the
manner provided by Section 34-2.3 to | 13 |
| serve as principal of that attendance
center under a 4 year | 14 |
| performance contract. All performance contracts of
principals | 15 |
| expiring after July 1, 1990, or July 1, 1991, shall commence on
| 16 |
| the date specified in the contract, and the renewal of their | 17 |
| performance
contracts and the appointment of principals when | 18 |
| their performance contracts
are not renewed shall be governed | 19 |
| by Sections 34-2.2 and 34-2.3. Whenever a
vacancy in the office | 20 |
| of a principal occurs for any reason, the vacancy shall
be | 21 |
| filled by the selection of a new principal to serve under a 4 | 22 |
| year
performance contract in the manner provided by Section | 23 |
| 34-2.3.
| 24 |
| The board of education shall develop and prepare, in | 25 |
| consultation with
the organization representing principals, a | 26 |
| performance contract for
use
at all attendance centers, and |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| shall furnish the same to each local school
council. The term | 2 |
| of the performance contract shall be 4 years, unless the
| 3 |
| principal is retained by the decision of a hearing officer | 4 |
| pursuant to
subdivision 1.5 of Section 34-2.3, in which case | 5 |
| the contract shall be
extended for 2 years. The performance
| 6 |
| contract of each principal shall consist of the
uniform | 7 |
| performance contract, as developed or from time to time | 8 |
| modified by the
board, and such additional criteria as are | 9 |
| established by a local school
council pursuant to Section | 10 |
| 34-2.3 for the performance contract of its
principal.
| 11 |
| During the term of his or her performance contract, a | 12 |
| principal may be
removed only as provided for in the | 13 |
| performance contract except for cause.
He or she shall also be | 14 |
| obliged to follow the rules of the board of
education | 15 |
| concerning conduct and efficiency.
| 16 |
| In the event the performance contract of a principal is not | 17 |
| renewed or a
principal is not reappointed as principal under a | 18 |
| new performance contract,
or in the event a principal is | 19 |
| appointed to any position of
superintendent or higher position, | 20 |
| or voluntarily
resigns his position of principal, his or her | 21 |
| employment as a principal
shall terminate and such former | 22 |
| principal shall not be
reinstated to the position from which he | 23 |
| or she was promoted to principal,
except that he or she, if | 24 |
| otherwise qualified and certified in accordance
with Article | 25 |
| 21, shall be placed by the board on appropriate eligibility
| 26 |
| lists which it prepares for use in the filling of vacant or |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| additional or
newly created positions for teachers. The | 2 |
| principal's total years of
service to the board as both a | 3 |
| teacher and a principal, or in other
professional capacities, | 4 |
| shall be used in calculating years of experience
for purposes | 5 |
| of being selected as a teacher into new, additional or vacant
| 6 |
| positions.
| 7 |
| In the event the performance contract of a principal is not | 8 |
| renewed or
a principal is not reappointed as principal under a | 9 |
| new performance
contract, such principal shall be eligible to | 10 |
| continue to receive his or
her previously provided level of | 11 |
| health insurance benefits for a period of
90 days following the | 12 |
| non-renewal of the contract at no expense to the
principal, | 13 |
| provided that such principal has not retired.
| 14 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-48, eff. 7-1-03; revised | 15 |
| 9-11-03.)
| 16 |
| (105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
| 17 |
| Sec. 34-85. Removal for cause; Notice and hearing; | 18 |
| Suspension. No
teacher employed by the board of education shall | 19 |
| (after serving the
probationary period specified in Section | 20 |
| 34-84) be removed
except for cause. Teachers (who have | 21 |
| completed the probationary period specified in Section 34-84 of | 22 |
| this Code) shall be removed for cause in accordance with the | 23 |
| procedures set forth in this Section or such other procedures | 24 |
| established in an agreement entered into between the board and | 25 |
| the exclusive representative of the district's teachers under |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| Section 34-85c of this Code for teachers (who have completed | 2 |
| the probationary period specified in Section 34-84 of this | 3 |
| Code) assigned to schools identified in that agreement. No | 4 |
| principal employed by the board of education shall be
removed | 5 |
| during the term of his or her performance contract except for
| 6 |
| cause, which may include but is not limited to the principal's | 7 |
| repeated
failure to implement the school improvement plan or to | 8 |
| comply with the
provisions of the Uniform Performance Contract, | 9 |
| including additional
criteria established by the Council for | 10 |
| inclusion in the performance
contract pursuant to Section | 11 |
| 34-2.3.
| 12 |
| The general superintendent must first approve written | 13 |
| charges and specifications against the
teacher or
principal. A | 14 |
| local school council may direct the
general superintendent to | 15 |
| approve written charges against its principal on behalf of the | 16 |
| Council
upon the vote of 7 members of the Council. The general | 17 |
| superintendent must
approve those charges within 45 days
or | 18 |
| provide a written
reason for not approving those charges. A
| 19 |
| written notice of those charges
shall be served upon the | 20 |
| teacher or principal within 10 days of the
approval of the | 21 |
| charges. If the teacher or principal cannot be found upon | 22 |
| diligent
inquiry, such charges may be served upon him by | 23 |
| mailing a copy thereof in a
sealed envelope by prepaid | 24 |
| certified mail, return receipt requested, to the
teacher's or | 25 |
| principal's last known address. A return receipt showing
| 26 |
| delivery to such address within 20 days after the date of the
|
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| approval of the charges shall constitute proof of service.
| 2 |
| No hearing upon the charges is required unless the teacher | 3 |
| or principal
within 10
days after receiving notice requests in | 4 |
| writing of the general
superintendent that a hearing
be | 5 |
| scheduled, in which case the general superintendent shall
| 6 |
| schedule a hearing on those
charges before a disinterested | 7 |
| hearing officer on a date no less than 15
nor more than 30 days | 8 |
| after the approval of the charges. The general superintendent | 9 |
| shall forward a copy of the notice to the State Board of
| 10 |
| Education within 5 days from the date of the approval of the | 11 |
| charges.
Within 10 days after receiving the notice of hearing, | 12 |
| the State Board
of
Education shall provide the teacher or | 13 |
| principal and the general
superintendent with a list
of 5 | 14 |
| prospective, impartial hearing officers. Each person on the | 15 |
| list must
be accredited by a national arbitration organization | 16 |
| and have had a minimum
of 5 years of experience as an | 17 |
| arbitrator in cases involving labor and
employment
relations | 18 |
| matters between educational employers and educational | 19 |
| employees or
their exclusive bargaining representatives.
| 20 |
| The general superintendent and the teacher or principal or
| 21 |
| their legal representatives
within 3 days from receipt of the | 22 |
| list shall alternately strike one name
from the list until only | 23 |
| one name remains. Unless waived by the teacher,
the teacher or | 24 |
| principal shall
have the right to proceed first with the | 25 |
| striking. Within 3 days of receipt
of the first list provided | 26 |
| by the State Board of Education, the general
superintendent and |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| the teacher or principal or their legal representatives
shall
| 2 |
| each have the right to reject all prospective hearing officers | 3 |
| named on the
first list and to require the State Board of | 4 |
| Education to provide a second list
of 5 prospective, impartial | 5 |
| hearing officers, none of whom were named on the
first list. | 6 |
| Within 5 days after receiving this request for a second list, | 7 |
| the
State Board of Education shall provide the second list of 5 | 8 |
| prospective,
impartial hearing officers. The procedure for | 9 |
| selecting a hearing officer from
the second list shall be the | 10 |
| same as the procedure for the first list. Each
party
shall | 11 |
| promptly
serve written notice on the other of any name stricken | 12 |
| from the list. If
the teacher or principal fails to do so, the | 13 |
| general superintendent may select the hearing
officer from any | 14 |
| name remaining on the list. The teacher or principal
may waive | 15 |
| the hearing at any time prior to the appointment of the hearing
| 16 |
| officer. Notice of the selection of the hearing officer shall | 17 |
| be given
to the State Board of Education. The hearing officer | 18 |
| shall be notified
of his selection by the State Board of | 19 |
| Education. A signed acceptance
shall be filed with the State | 20 |
| Board of Education within 5 days of receipt
of notice of the | 21 |
| selection. The State Board of Education shall notify the
| 22 |
| teacher or principal and the board of its appointment of the | 23 |
| hearing officer.
In the alternative to selecting a hearing | 24 |
| officer from the first or second
list received from the State | 25 |
| Board of Education, the general superintendent and
the teacher | 26 |
| or principal or their legal representatives may mutually agree |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| to
select an impartial hearing officer who is not on a list | 2 |
| received from the
State Board of Education, either by direct | 3 |
| appointment by the parties or by
using procedures for the | 4 |
| appointment of an arbitrator established by the
Federal | 5 |
| Mediation and Conciliation Service or the American Arbitration
| 6 |
| Association. The parties shall notify the State Board of | 7 |
| Education of their
intent to select a hearing officer using an | 8 |
| alternative procedure within 3 days
of receipt of a list of | 9 |
| prospective hearing officers provided by the State
Board of | 10 |
| Education. Any person selected by the parties under this | 11 |
| alternative
procedure for the selection of a hearing officer | 12 |
| shall have the same
qualifications and authority as a hearing | 13 |
| officer selected from a list provided
by the State Board of | 14 |
| Education. The teacher or principal may waive the
hearing at | 15 |
| any time prior to the appointment of the hearing officer. The
| 16 |
| State Board of
Education shall
promulgate
uniform
standards and | 17 |
| rules
of procedure for such hearings, including reasonable | 18 |
| rules of discovery.
| 19 |
| The per diem allowance for the hearing officer shall be | 20 |
| paid by the State
Board of Education. The hearing officer shall | 21 |
| hold a hearing and render
findings of fact and a recommendation | 22 |
| to the general superintendent. The teacher or principal has the
| 23 |
| privilege of being present at the hearing with counsel and of
| 24 |
| cross-examining witnesses and may offer evidence and witnesses | 25 |
| and present
defenses to the charges. The hearing officer may | 26 |
| issue subpoenas requiring
the attendance of witnesses and, at |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| the request of the teacher or principal
against whom a charge | 2 |
| is made or the general superintendent,
shall issue such | 3 |
| subpoenas, but
the hearing officer may limit the number of | 4 |
| witnesses to be subpoenaed in
behalf of the teacher or | 5 |
| principal or the general superintendent
to not more than 10 | 6 |
| each.
All testimony at the hearing shall be taken under oath | 7 |
| administered by the
hearing officer. The hearing officer shall | 8 |
| cause a record of the
proceedings to be kept and shall employ a | 9 |
| competent reporter to take
stenographic or stenotype notes of | 10 |
| all the testimony. The costs of the
reporter's attendance and | 11 |
| services at the hearing shall be paid by the
State Board of | 12 |
| Education. Either party desiring a transcript of the
hearing | 13 |
| shall pay for the cost thereof.
| 14 |
| Pending the hearing of the charges, the person charged may | 15 |
| be suspended
in accordance with rules prescribed by the board | 16 |
| but such person, if
acquitted, shall not suffer any loss of | 17 |
| salary by reason of the suspension.
| 18 |
| Before service of notice of charges on account of causes | 19 |
| that may be
deemed to be remediable, the teacher or principal | 20 |
| shall be given reasonable
warning in writing, stating | 21 |
| specifically the causes which, if not removed,
may result in | 22 |
| charges; however, no such written warning shall be required
if | 23 |
| the causes have been the subject of a remediation plan pursuant | 24 |
| to
Article 24A or where the board of education and the | 25 |
| exclusive representative of the district's teachers have | 26 |
| entered into an agreement pursuant to Section 34-85c of this |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| Code, pursuant to an alternative system of remediation . No | 2 |
| written warning shall be required for conduct on the part of
a | 3 |
| teacher or principal which is cruel, immoral, negligent, or | 4 |
| criminal or which
in any way causes psychological or physical | 5 |
| harm or injury to a student as that
conduct is deemed to be | 6 |
| irremediable. No written warning shall be required for
a | 7 |
| material breach of the uniform principal performance contract | 8 |
| as that conduct
is deemed to be irremediable; provided however, | 9 |
| that not less than 30 days
before the vote of the local school | 10 |
| council to seek the dismissal of a
principal for a material | 11 |
| breach of a uniform principal performance contract,
the local | 12 |
| school council shall specify the nature of the alleged breach | 13 |
| in
writing and provide a copy of it to the principal.
| 14 |
| The hearing officer shall consider and give weight to all | 15 |
| of the
teacher's evaluations written pursuant to Article 24A.
| 16 |
| The hearing officer shall within 45 days from the | 17 |
| conclusion of the hearing
report to the general superintendent | 18 |
| findings of fact and a recommendation as to whether or not the | 19 |
| teacher or principal shall
be dismissed and shall give a copy | 20 |
| of the report to both the
teacher or
principal and the general | 21 |
| superintendent. The board, within 45
days of receipt of the | 22 |
| hearing officer's findings of fact and recommendation,
shall | 23 |
| make a decision as to whether the teacher or principal shall be | 24 |
| dismissed
from its employ. The failure of the board to strictly | 25 |
| adhere to the timeliness
contained herein shall not render it | 26 |
| without jurisdiction to dismiss the
teacher
or principal. If |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| the hearing
officer fails to render a decision within 45 days, | 2 |
| the State Board of
Education shall communicate with the hearing | 3 |
| officer to determine the date that
the parties can reasonably | 4 |
| expect to receive the decision. The State Board of
Education | 5 |
| shall provide copies of all such communications to the parties. | 6 |
| In
the event the hearing officer fails without good cause
to | 7 |
| make a decision within the 45 day period, the name of such | 8 |
| hearing
officer
shall be struck for a period not less than 24 | 9 |
| months from the master
list
of hearing officers maintained by | 10 |
| the State Board of Education. The board
shall not lose | 11 |
| jurisdiction to discharge the teacher or principal if the
| 12 |
| hearing officer fails to render a decision within the time | 13 |
| specified in this
Section. If a hearing officer fails to render | 14 |
| a decision within 3 months after
the hearing is declared | 15 |
| closed, the State Board of Education shall provide the
parties | 16 |
| with a new list of prospective, impartial hearing officers, | 17 |
| with the
same qualifications provided herein, one of whom shall | 18 |
| be selected, as provided
in this Section, to rehear the charges | 19 |
| heard by the hearing officer who failed
to render a decision. | 20 |
| The parties may also select a hearing officer pursuant
to the | 21 |
| alternative procedure, as provided in this Section, to rehear | 22 |
| the
charges heard by the hearing officer who failed to render a | 23 |
| decision. A
violation of the professional standards set forth | 24 |
| in "The Code of
Professional Responsibility for Arbitrators of | 25 |
| Labor-Management Disputes",
of the National Academy of | 26 |
| Arbitrators, the American Arbitration
Association, and the |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| Federal Mediation and Conciliation Service, or the
failure of a | 2 |
| hearing officer to render a decision within 3 months after the
| 3 |
| hearing is declared closed shall be grounds for removal of the | 4 |
| hearing
officer from the master list of
hearing officers | 5 |
| maintained by the State Board of Education. The decision
of the | 6 |
| board is final unless reviewed as provided in
Section
34-85b of | 7 |
| this Act.
| 8 |
| In the event judicial review is instituted, any costs of | 9 |
| preparing and
filing the record of proceedings shall be paid by | 10 |
| the party instituting
the review. If a decision of the board
| 11 |
| hearing officer is adjudicated upon review
or appeal in favor | 12 |
| of the teacher or principal, then the trial court shall
order | 13 |
| reinstatement and shall determine the amount for which the | 14 |
| board is
liable including but not limited to loss of income and | 15 |
| costs incurred therein.
Nothing in this Section affects the | 16 |
| validity of removal for cause hearings
commenced prior to the | 17 |
| effective date of this amendatory Act of 1978.
| 18 |
| (Source: P.A. 89-15, eff. 5-30-95.)
| 19 |
| (105 ILCS 5/34-85b) (from Ch. 122, par. 34-85b)
| 20 |
| Sec. 34-85b. The provisions of the Administrative Review | 21 |
| Law, and all
amendments and modifications thereof and
the rules | 22 |
| adopted pursuant thereto, shall apply to and govern all
| 23 |
| proceedings instituted for the judicial review by either the | 24 |
| employee, teacher, or
a principal or the board of final | 25 |
| administrative decisions of the board
hearing
officer under |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| Sections 34-15 and
34-85 of this Act. The term
"administrative | 2 |
| decision" is defined as in Section 3-101 of the Code of Civil | 3 |
| Procedure.
| 4 |
| (Source: P.A. 82-783.)
| 5 |
| (105 ILCS 5/34-85c new) | 6 |
| Sec. 34-85c. Alternative procedures for teacher | 7 |
| evaluation, remediation, and removal for cause after | 8 |
| remediation. | 9 |
| (a) Notwithstanding any law to the contrary, the board and | 10 |
| the exclusive representative of the district's teachers are | 11 |
| hereby authorized to enter into an agreement to establish | 12 |
| alternative procedures for teacher evaluation, remediation, | 13 |
| and removal for cause after remediation, including an | 14 |
| alternative system for peer evaluation and recommendations. | 15 |
| Pursuant exclusively to that agreement, teachers assigned to | 16 |
| schools identified in that agreement shall be subject to an | 17 |
| alternative performance evaluation plan and remediation | 18 |
| procedures in lieu of the plan and procedures set forth in | 19 |
| Article 24A of this Code and alternative removal for cause | 20 |
| standards and procedures in lieu of the removal standards and | 21 |
| procedures set forth in Sections 34-85 and 34-85b of this Code. | 22 |
| To the extent that the agreement provides a teacher with an | 23 |
| opportunity for a hearing on removal for cause before an | 24 |
| independent hearing officer in accordance with Sections 34-85 | 25 |
| and 34-85b or otherwise, the hearing officer shall be governed |
|
|
|
SB1474 Enrolled |
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LRB095 11009 NHT 31321 b |
|
| 1 |
| by the alternative performance evaluation plan, remediation | 2 |
| procedures, and removal standards and procedures set forth in | 3 |
| the agreement in making findings of fact and a recommendation. | 4 |
| (b) The board and the exclusive representative of the | 5 |
| district's teachers shall submit a certified copy of an | 6 |
| agreement as provided under subsection (a) of this Section to | 7 |
| the State Board of Education.
| 8 |
| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
|
|