Full Text of HB3629 095th General Assembly
HB3629 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3629
Introduced 2/28/2007, by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/24-11 |
from Ch. 122, par. 24-11 |
105 ILCS 5/34-84 |
from Ch. 122, par. 34-84 |
105 ILCS 5/34-84.1 |
from Ch. 122, par. 34-84.1 |
105 ILCS 5/34-85 |
from Ch. 122, par. 34-85 |
30 ILCS 805/8.31 new |
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Amends the School Code. In school districts other than the Chicago school district, reduces the probationary period of time before a teacher enters upon contractual continued service from 4 to 3 consecutive school terms. Provides that the provisions concerning a teacher's entrance into contractual continued service after a probationary period of 3 consecutive school terms apply to the Chicago school district (now, the appointment of a teacher in the Chicago school district becomes permanent after a probationary period of 4 years). Makes other changes. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. |
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB3629 |
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LRB095 08698 NHT 28881 b |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 24-11, 34-84, 34-84.1, and 34-85 as follows:
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| (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
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| Sec. 24-11. Boards of Education - Boards of School | 8 |
| Inspectors -
Contractual continued service. As used in this and | 9 |
| the succeeding
Sections of this Article:
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| "Teacher" means any or all school district employees | 11 |
| regularly required to be
certified under laws relating to the | 12 |
| certification of teachers.
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| "Board" means board of directors, board of education, or | 14 |
| board of school
inspectors, as the case may be.
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| "School term" means that portion of the school year, July 1 | 16 |
| to the following
June 30, when school is in actual session.
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| This Section applies to all school districts.
This Section | 18 |
| and Sections 24-12 through 24-16 of this Article apply only to
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| school districts having less than 500,000 inhabitants.
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| Any teacher who has been employed in any district as a | 21 |
| full-time teacher for
a probationary period of 2 consecutive | 22 |
| school terms shall enter upon
contractual continued service | 23 |
| unless given written notice of dismissal stating
the specific |
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| reason therefor, by certified mail, return receipt requested by
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| the employing board at least 45 days before the end of such
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| period; except that (i) for a teacher who is first employed as | 4 |
| a full-time
teacher by a school district
on or after January 1, | 5 |
| 1998 but before the effective date of this amendatory
Act of | 6 |
| the 95th General Assembly and who has not before January 1, | 7 |
| 1998
that date already entered
upon
contractual continued | 8 |
| service in that district, the probationary period shall
be 4 | 9 |
| consecutive
school terms before the teacher shall enter upon | 10 |
| contractual continued
service and (ii) for a teacher who is | 11 |
| first employed as a
full-time teacher by a
school district on | 12 |
| or after the effective date of this amendatory Act of the
95th | 13 |
| General Assembly and who has not before the date of this | 14 |
| employment
already entered
upon contractual continued service | 15 |
| in any district
pursuant to this Section, the probationary
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| period shall be 3 consecutive school terms
before the teacher | 17 |
| shall enter upon contractual continued service .
For the purpose | 18 |
| of determining contractual continued service,
the first | 19 |
| probationary year shall be any full-time employment
from a date | 20 |
| before November 1 through
the end of the school year.
If, | 21 |
| however, a teacher who was first employed prior to January 1, | 22 |
| 1998 or
first employed on
or after the effective date of this | 23 |
| amendatory Act of the 95th General
Assembly
has not had one | 24 |
| school term of full-time teaching experience before the
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| beginning of the applicable
a probationary period of 2 | 26 |
| consecutive
school terms , the
employing
board may at its option |
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| extend the probationary period for one additional
school term
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| by giving the teacher written notice by certified mail, return
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| receipt requested, at least 45 days before the end of the last
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| second
school term of
the applicable probationary period of 2 | 5 |
| consecutive school terms referred
to above . This
notice must
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| state the reasons for the one year extension and must outline | 7 |
| the corrective
actions that the teacher must take to | 8 |
| satisfactorily complete probation. The
changes made by
Public | 9 |
| Act 90-653 and this amendatory Act of the 95th General Assembly
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| this amendatory Act of 1998 are declaratory of existing law.
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| Any full-time teacher who is not completing the last year
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| of the probationary
period described in the preceding
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| paragraph,
or any teacher employed on a
full-time basis not | 14 |
| later than January 1 of the school term, shall receive
written | 15 |
| notice from the employing board at least 45 days before the
end | 16 |
| of any school term whether or not he will be
re-employed for | 17 |
| the following school term. If the board fails to give
such | 18 |
| notice, the employee shall be deemed reemployed, and not later | 19 |
| than
the close of the then current school term the board shall | 20 |
| issue a
regular contract to the employee as though the board | 21 |
| had reemployed him
in the usual manner.
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| Contractual continued service shall continue in effect the | 23 |
| terms and
provisions of the contract with the teacher during | 24 |
| the last school term
of the probationary period, subject to | 25 |
| this Act and the lawful
regulations of the employing board. | 26 |
| This Section and succeeding Sections
do not modify any existing |
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| power of the board except with respect to the
procedure of the | 2 |
| discharge of a teacher and reductions in salary as
hereinafter | 3 |
| provided. Contractual continued service status shall not
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| restrict the power of the board to transfer a teacher to a | 5 |
| position
which the teacher is qualified to fill or to make such | 6 |
| salary
adjustments as it deems desirable, but unless reductions | 7 |
| in salary are
uniform or based upon some reasonable | 8 |
| classification, any teacher whose
salary is reduced shall be | 9 |
| entitled to a notice and a hearing as
hereinafter provided in | 10 |
| the case of certain dismissals or removals.
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| The employment of any teacher in a program of a special | 12 |
| education joint
agreement established under Section 3-15.14, | 13 |
| 10-22.31 or 10-22.31a shall be
under this and succeeding | 14 |
| Sections of this Article. For purposes of
attaining and | 15 |
| maintaining contractual continued service and computing
length | 16 |
| of continuing service as referred to in this Section and | 17 |
| Section
24-12, employment in a special educational joint | 18 |
| program shall be deemed a
continuation of all previous | 19 |
| certificated employment of such teacher for
such joint | 20 |
| agreement whether the employer of the teacher was the joint
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| agreement, the regional superintendent, or one of the | 22 |
| participating
districts in the joint agreement.
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| Any teacher employed after July 1, 1987 as a full-time | 24 |
| teacher in a
program of a special education joint agreement, | 25 |
| whether the program is
operated by the joint agreement or a | 26 |
| member district on behalf of the joint
agreement, for a |
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| probationary period of two consecutive school terms
years
shall | 2 |
| enter
upon contractual continued service in all of the programs | 3 |
| conducted by such
joint agreement which the teacher is legally | 4 |
| qualified to hold; except that
(i)
for
a teacher who is first | 5 |
| employed on or after January 1, 1998 but before the
effective | 6 |
| date of this amendatory Act of the 95th General Assembly in a
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| program of a
special education joint agreement and who has not | 8 |
| before January 1, 1998
that date already
entered upon | 9 |
| contractual continued service in all of the programs conducted | 10 |
| by
the joint agreement that the teacher is legally qualified to | 11 |
| hold, the
probationary period shall be 4 consecutive school | 12 |
| terms
years before
the
teacher enters upon contractual | 13 |
| continued service in all of those programs
and (ii) for a | 14 |
| teacher who is
first employed by a
school district on or after | 15 |
| the effective date of this amendatory Act of the
95th General | 16 |
| Assembly in a program of a special education joint agreement | 17 |
| and
who has not before the date of this employment
already | 18 |
| entered
upon contractual continued service in any district
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| pursuant to this Section, the probationary
period shall be 3 | 20 |
| consecutive school terms
before the teacher enters upon | 21 |
| contractual continued service in all of
the programs conducted | 22 |
| by the joint agreement for which the teacher is legally
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| qualified . In the
event of a reduction in the number of | 24 |
| programs or positions in the joint
agreement, the teacher on | 25 |
| contractual continued service shall be eligible
for employment | 26 |
| in the joint agreement programs for which the teacher is
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| legally qualified in order of greater length of continuing | 2 |
| service in the
joint agreement unless an alternative method of | 3 |
| determining the sequence of
dismissal is established in a | 4 |
| collective bargaining agreement. In the
event of the | 5 |
| dissolution of a joint agreement, the teacher on contractual
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| continued service who is legally qualified shall be assigned to | 7 |
| any
comparable position in a member district currently held by | 8 |
| a teacher who
has not entered upon contractual continued | 9 |
| service or held by a teacher who
has entered upon contractual | 10 |
| continued service with shorter length of
contractual continued | 11 |
| service.
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| The governing board of the joint agreement, or the | 13 |
| administrative
district, if so authorized by the articles of | 14 |
| agreement of the joint
agreement, rather than the board of | 15 |
| education of a school district, may
carry out employment and | 16 |
| termination actions including dismissals under
this Section | 17 |
| and Section 24-12.
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| For purposes of this and succeeding Sections of this | 19 |
| Article, a program
of a special educational joint agreement | 20 |
| shall be defined as instructional,
consultative, supervisory, | 21 |
| administrative, diagnostic, and related services
which are | 22 |
| managed by the special educational joint agreement designed to
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| service two or more districts which are members of the joint | 24 |
| agreement.
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| Each joint agreement shall be required to post by February | 26 |
| 1, a list of
all its employees in order of length of continuing |
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| service in the joint
agreement, unless an alternative method of | 2 |
| determining a sequence of
dismissal is established in an | 3 |
| applicable collective bargaining agreement.
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| The employment of any teacher in a special education | 5 |
| program
authorized by Section 14-1.01 through 14-14.01, or a | 6 |
| joint educational
program established under Section 10-22.31a, | 7 |
| shall be under this and the
succeeding Sections of this | 8 |
| Article, and such employment shall be deemed
a continuation of | 9 |
| the previous employment of such teacher in any of the
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| participating districts, regardless of the participation of | 11 |
| other
districts in the program. Any teacher employed as a | 12 |
| full-time teacher in
a special education program prior to | 13 |
| September 23, 1987 in which 2 or
more school districts
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| participate for a probationary period of 2 consecutive years | 15 |
| shall enter
upon contractual continued service in each of the | 16 |
| participating
districts, subject to this and the succeeding | 17 |
| Sections of this Article,
and in the event of the termination | 18 |
| of the program shall be eligible for
any vacant position in any | 19 |
| of such districts for which such teacher is
qualified.
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| (Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)
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| (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
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| Sec. 34-84. Appointments and promotions of teachers. | 23 |
| Appointments and
promotions of teachers shall be made for merit
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| only, and after satisfactory service for a probationary period | 25 |
| as provided under Section 24-11 of this Code,
of 3 years
with |
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| respect to probationary employees employed as full-time | 2 |
| teachers in the
public school system of the district before | 3 |
| January 1, 1998 and 4 years with
respect to probationary | 4 |
| employees who are first employed as full-time teachers
in the | 5 |
| public school system of the district on or after January 1, | 6 |
| 1998
(during which period the board may dismiss or discharge | 7 |
| any
such probationary employee upon the recommendation, | 8 |
| accompanied by the
written reasons therefor, of the general | 9 |
| superintendent of schools)
appointments of teachers shall | 10 |
| enter upon contractual continued service
become permanent , | 11 |
| subject to removal for cause
in the manner provided by Section | 12 |
| 34-85.
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| As used in this Article, "teachers" means and includes all | 14 |
| members of
the teaching force excluding the general | 15 |
| superintendent and principals.
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| There shall be no reduction in teachers because of a | 17 |
| decrease in
student membership or a change in subject | 18 |
| requirements within the
attendance center organization after | 19 |
| the 20th day following the first day
of the school year, except | 20 |
| that: (1) this provision shall not apply to
desegregation | 21 |
| positions, special education positions, or any other positions
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| funded by State or federal categorical funds, and (2) at | 23 |
| attendance centers
maintaining any of grades 9 through 12, | 24 |
| there may be a second reduction in
teachers on the first day of | 25 |
| the second semester of the regular school
term because of a | 26 |
| decrease in student membership or a change in subject
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| requirements within the attendance center organization.
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| The school principal shall make the decision
in selecting | 3 |
| teachers to fill new and vacant positions consistent with
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| Section 34-8.1.
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| (Source: P.A. 89-15, eff. 5-30-95; 90-548, eff. 1-1-98.)
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| (105 ILCS 5/34-84.1) (from Ch. 122, par. 34-84.1)
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| Sec. 34-84.1. Teachers employed in Department of Defense | 8 |
| overseas dependents' schools.
By mutual agreement of a teacher | 9 |
| and the board of education, the board may,
but is not required | 10 |
| to, grant the teacher a leave of absence to accept
employment | 11 |
| in a Department of Defense overseas dependents' school. If such
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| a leave of absence is granted, the teacher may elect, for a | 13 |
| period not
exceeding the lesser of the period for which he is | 14 |
| so employed or 5 years,
(a) to preserve his contractual | 15 |
| continued service
permanent status under this Act, and (b) to | 16 |
| continue
receipt, on the same basis as if he were teaching in | 17 |
| the school system
subject to the board of education, of service | 18 |
| credit earned for
requirements of promotion, incremental | 19 |
| increases in salary, leaves of
absence and other privileges | 20 |
| based on an established period of service or
employment.
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| A person employed to replace a teacher making the election | 22 |
| provided for
in this Section does not acquire contractual | 23 |
| continued service
permanent status as a teacher under this
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| Article.
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| (Source: Laws 1967, p. 1999.)
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| (105 ILCS 5/34-85) (from Ch. 122, par.
34-85)
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| Sec. 34-85. Removal for cause; Notice and hearing;
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| Suspension. No
teacher employed by the board of education shall | 4 |
| (after serving the
probationary period specified in Section | 5 |
| 24-11 of this Code
34-84 ) be removed
except for cause. No | 6 |
| principal employed by the board of education shall be
removed | 7 |
| during the term of his or her performance contract except for
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| cause, which may include but is not limited to the principal's | 9 |
| repeated
failure to implement the school improvement plan or to | 10 |
| comply with the
provisions of the Uniform Performance Contract, | 11 |
| including additional
criteria established by the Council for | 12 |
| inclusion in the performance
contract pursuant to Section | 13 |
| 34-2.3.
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| The general superintendent must first approve written | 15 |
| charges and
specifications against the
teacher or
principal. A | 16 |
| local school council may direct the
general superintendent to | 17 |
| approve written charges against its principal on behalf of the | 18 |
| Council
upon the vote of 7 members of the Council. The general | 19 |
| superintendent must
approve those charges within 45 days
or | 20 |
| provide a written
reason for not approving those charges. A
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| written notice of those charges
shall be served upon the | 22 |
| teacher or principal within 10 days of the
approval of the | 23 |
| charges. If the teacher or principal cannot be found upon | 24 |
| diligent
inquiry, such charges may be served upon him by | 25 |
| mailing a copy thereof in a
sealed envelope by prepaid |
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| certified mail, return receipt requested, to the
teacher's or | 2 |
| principal's last known address. A return receipt showing
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| delivery to such address within 20 days after the date of the
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| approval of the charges shall constitute proof of service.
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| No hearing upon the charges is required unless the teacher | 6 |
| or principal
within 10
days after receiving notice requests in | 7 |
| writing of the general
superintendent that a hearing
be | 8 |
| scheduled, in which case the general superintendent shall
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| schedule a hearing on those
charges before a disinterested | 10 |
| hearing officer on a date no less than 15
nor more than 30 days | 11 |
| after the approval of the charges. The general superintendent | 12 |
| shall forward
a copy of the notice to the State Board of
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| Education within 5 days from the date of the approval of the | 14 |
| charges.
Within 10 days after receiving the notice of hearing, | 15 |
| the State Board
of
Education shall provide the teacher or | 16 |
| principal and the general
superintendent with a list
of 5 | 17 |
| prospective, impartial hearing officers. Each person on the | 18 |
| list must
be accredited by a national arbitration organization | 19 |
| and have had a minimum
of 5 years of experience as an | 20 |
| arbitrator in cases involving labor and
employment
relations | 21 |
| matters between educational employers and educational | 22 |
| employees or
their exclusive bargaining representatives.
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| The general superintendent and the teacher or principal or
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| their legal representatives
within 3 days from receipt of the | 25 |
| list shall alternately strike one name
from the list until only | 26 |
| one name remains. Unless waived by the teacher,
the teacher or |
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| principal shall
have the right to proceed first with the | 2 |
| striking. Within 3 days of receipt
of the first list provided | 3 |
| by the State Board of Education, the general
superintendent and | 4 |
| the teacher or principal or their legal representatives
shall
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| each have the right to reject all prospective hearing officers | 6 |
| named on the
first list and to require the State Board of | 7 |
| Education to provide a second list
of 5 prospective, impartial | 8 |
| hearing officers, none of whom were named on the
first list. | 9 |
| Within 5 days after receiving this request for a second list, | 10 |
| the
State Board of Education shall provide the second list of 5 | 11 |
| prospective,
impartial hearing officers. The procedure for | 12 |
| selecting a hearing officer from
the second list shall be the | 13 |
| same as the procedure for the first list. Each
party
shall | 14 |
| promptly
serve written notice on the other of any name stricken | 15 |
| from the list. If
the teacher or principal fails to do so, the | 16 |
| general superintendent may select the hearing
officer from any | 17 |
| name remaining on the list. The teacher or principal
may waive | 18 |
| the hearing at any time prior to the appointment of the hearing
| 19 |
| officer. Notice of the selection of the hearing officer shall | 20 |
| be given
to the State Board of Education. The hearing officer | 21 |
| shall be notified
of his selection by the State Board of | 22 |
| Education. A signed acceptance
shall be filed with the State | 23 |
| Board of Education within 5 days of receipt
of notice of the | 24 |
| selection. The State Board of Education shall notify the
| 25 |
| teacher or principal and the board of its appointment of the | 26 |
| hearing officer.
In the alternative to selecting a hearing |
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| officer from the first or second
list received from the State | 2 |
| Board of Education, the general superintendent and
the teacher | 3 |
| or principal or their legal representatives may mutually agree | 4 |
| to
select an impartial hearing officer who is not on a list | 5 |
| received from the
State Board of Education, either by direct | 6 |
| appointment by the parties or by
using procedures for the | 7 |
| appointment of an arbitrator established by the
Federal | 8 |
| Mediation and Conciliation Service or the American Arbitration
| 9 |
| Association. The parties shall notify the State Board of | 10 |
| Education of their
intent to select a hearing officer using an | 11 |
| alternative procedure within 3 days
of receipt of a list of | 12 |
| prospective hearing officers provided by the State
Board of | 13 |
| Education. Any person selected by the parties under this | 14 |
| alternative
procedure for the selection of a hearing officer | 15 |
| shall have the same
qualifications and authority as a hearing | 16 |
| officer selected from a list provided
by the State Board of | 17 |
| Education. The teacher or principal may waive the
hearing at | 18 |
| any time prior to the appointment of the hearing officer. The
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| State Board of
Education shall
promulgate
uniform
standards and | 20 |
| rules
of procedure for such hearings, including reasonable | 21 |
| rules of discovery.
| 22 |
| The per diem allowance for the hearing officer shall be | 23 |
| paid by the State
Board of Education. The hearing officer shall | 24 |
| hold a hearing and render
findings of fact and a recommendation | 25 |
| to the general superintendent. The teacher or principal
has the
| 26 |
| privilege of being present at the hearing with counsel and of
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| cross-examining witnesses and may offer evidence and witnesses | 2 |
| and present
defenses to the charges. The hearing officer may | 3 |
| issue subpoenas requiring
the attendance of witnesses and, at | 4 |
| the request of the teacher or principal
against whom a charge | 5 |
| is made or the general superintendent,
shall issue such | 6 |
| subpoenas, but
the hearing officer may limit the number of | 7 |
| witnesses to be subpoenaed in
behalf of the teacher or | 8 |
| principal or the general superintendent
to not more than 10 | 9 |
| each.
All testimony at the hearing shall be taken under oath | 10 |
| administered by the
hearing officer. The hearing officer shall | 11 |
| cause a record of the
proceedings to be kept and shall employ a | 12 |
| competent reporter to take
stenographic or stenotype notes of | 13 |
| all the testimony. The costs of the
reporter's attendance and | 14 |
| services at the hearing shall be paid by the
State Board of | 15 |
| Education. Either party desiring a transcript of the
hearing | 16 |
| shall pay for the cost thereof.
| 17 |
| Pending the hearing of the charges, the person charged may | 18 |
| be suspended
in accordance with rules prescribed by the board | 19 |
| but such person, if
acquitted, shall not suffer any loss of | 20 |
| salary by reason of the suspension.
| 21 |
| Before service of notice of charges on account of causes | 22 |
| that may be
deemed to be remediable, the teacher or principal | 23 |
| shall be given reasonable
warning in writing, stating | 24 |
| specifically the causes which, if not removed,
may result in | 25 |
| charges; however, no such written warning shall be required
if | 26 |
| the causes have been the subject of a remediation plan pursuant |
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| to
Article 24A. No written warning shall be required for | 2 |
| conduct on the part of
a teacher or principal which is cruel, | 3 |
| immoral, negligent, or criminal or which
in any way causes | 4 |
| psychological or physical harm or injury to a student as that
| 5 |
| conduct is deemed to be irremediable. No written warning shall | 6 |
| be required for
a material breach of the uniform principal | 7 |
| performance contract as that conduct
is deemed to be | 8 |
| irremediable; provided however, that not less than 30 days
| 9 |
| before the vote of the local school council to seek the | 10 |
| dismissal of a
principal for a material breach of a uniform | 11 |
| principal performance contract,
the local school council shall | 12 |
| specify the nature of the alleged breach in
writing and provide | 13 |
| 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 |
|
|
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LRB095 08698 NHT 28881 b |
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| 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 |
|
|
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LRB095 08698 NHT 28881 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; revised 1-20-03.)
| 19 |
| Section 90. The State Mandates Act is amended by adding | 20 |
| Section 8.31 as follows: | 21 |
| (30 ILCS 805/8.31 new) | 22 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 23 |
| of this Act, no reimbursement by the State is required for the | 24 |
| implementation of any mandate created by this amendatory Act of |
|
|
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LRB095 08698 NHT 28881 b |
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| 1 |
| the 95th General Assembly. | 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law. |
|