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90_SB0568
105 ILCS 5/24-11 from Ch. 122, par. 24-11
105 ILCS 5/34-84 from Ch. 122, par. 34-84
Amends the School Code. Provides that all teachers who
are first employed by a school district on or after July 1,
1997 and who have not already entered into contractual
continued service shall have a 4 year probationary period.
Effective July 1, 1997.
SRS90S0013KSsa
SRS90S0013KSsa
1 AN ACT to amend the School Code by changing Sections
2 24-11 and 34-84.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 24-11 and 34-84 as follows:
7 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
8 Sec. 24-11. Boards of Education - Boards of School
9 Inspectors - Contractual continued service. As used in this
10 and the succeeding Sections of this Article, "teacher" means
11 any or all school district employees regularly required to be
12 certified under laws relating to the certification of
13 teachers, "board" means board of directors, board of
14 education or board of school inspectors, as the case may be,
15 and "school term" means that portion of the school year, July
16 1 to the following June 30, when school is in actual session.
17 This Section and Sections 24-12 through 24-16 of this Article
18 apply only to school districts having less than 500,000
19 inhabitants.
20 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
24 reason therefor, by certified mail, return receipt requested
25 by the employing board at least 60 days before the end of
26 such period; except that for a teacher who is first employed
27 by a school district on or after July 1, 1997 and who has not
28 before that date already entered upon contractual continued
29 service, the probationary period shall be 4 consecutive
30 school terms before the teacher may enter upon contractual
31 continued service. For the purpose of determining
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1 contractual continued service, the first probationary year
2 shall be any full time employment from a date before November
3 1 through the end of the school year. If, however, a teacher
4 has not had one school term of full-time teaching experience
5 before the beginning of such probationary period, the The
6 employing board may at its option extend the teacher's such
7 probationary period for one additional school term by giving
8 the teacher written notice by certified mail, return receipt
9 requested at least 60 days before the end of the last second
10 school term of the teacher's probationary period of 2
11 consecutive school terms referred to above. Such notice must
12 state the reasons for the one year extension and must outline
13 the corrective actions which the teacher should take to
14 satisfactorily complete probation.
15 Any full-time teacher who is completing the first year of
16 the probationary period described in the preceding paragraph,
17 or any teacher employed on a full-time basis not later than
18 January 1 of the school term, shall receive written notice
19 from the employing board at least 60 days before the end of
20 any school term whether or not he will be re-employed for the
21 following school term. If the board fails to give such
22 notice, the employee shall be deemed reemployed, and not
23 later than the close of the then current school term the
24 board shall issue a regular contract to the employee as
25 though the board had reemployed him in the usual manner.
26 Contractual continued service shall continue in effect
27 the terms and provisions of the contract with the teacher
28 during the last school term of the probationary period,
29 subject to this Act and the lawful regulations of the
30 employing board. This Section and succeeding Sections do not
31 modify any existing power of the board except with respect to
32 the procedure of the discharge of a teacher and reductions in
33 salary as hereinafter provided. Contractual continued service
34 status shall not restrict the power of the board to transfer
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1 a teacher to a position which the teacher is qualified to
2 fill or to make such salary adjustments as it deems
3 desirable, but unless reductions in salary are uniform or
4 based upon some reasonable classification, any teacher whose
5 salary is reduced shall be entitled to a notice and a hearing
6 as hereinafter provided in the case of certain dismissals or
7 removals.
8 The employment of any teacher in a program of a special
9 education joint agreement established under Section 3-15.14,
10 10-22.31 or 10-22.31a shall be under this and succeeding
11 Sections of this Article. For purposes of attaining and
12 maintaining contractual continued service and computing
13 length of continuing service as referred to in this Section
14 and Section 24-12, employment in a special educational joint
15 program shall be deemed a continuation of all previous
16 certificated employment of such teacher for such joint
17 agreement whether the employer of the teacher was the joint
18 agreement, the regional superintendent, or one of the
19 participating districts in the joint agreement.
20 Any teacher employed after July 1, 1987 as a full-time
21 teacher in a program of a special education joint agreement,
22 whether the program is operated by the joint agreement or a
23 member district on behalf of the joint agreement, for a
24 probationary period of two consecutive years shall enter upon
25 contractual continued service in all of the programs
26 conducted by such joint agreement which the teacher is
27 legally qualified to hold; except that for a teacher who is
28 first employed on or after July 1, 1997 in a program of a
29 special education joint agreement and who has not before that
30 date already entered upon contractual continued service in
31 all of the programs conducted by the joint agreement that the
32 teacher is legally qualified to hold, the probationary period
33 shall be 4 consecutive years before the teacher enters upon
34 contractual continued service in all of those programs. In
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1 the event of a reduction in the number of programs or
2 positions in the joint agreement, the teacher on contractual
3 continued service shall be eligible for employment in the
4 joint agreement programs for which the teacher is legally
5 qualified in order of greater length of continuing service in
6 the joint agreement unless an alternative method of
7 determining the sequence of dismissal is established in a
8 collective bargaining agreement. In the event of the
9 dissolution of a joint agreement, the teacher on contractual
10 continued service who is legally qualified shall be assigned
11 to any comparable position in a member district currently
12 held by a teacher who has not entered upon contractual
13 continued service or held by a teacher who has entered upon
14 contractual continued service with shorter length of
15 contractual continued service.
16 The governing board of the joint agreement, or the
17 administrative district, if so authorized by the articles of
18 agreement of the joint agreement, rather than the board of
19 education of a school district, may carry out employment and
20 termination actions including dismissals under this Section
21 and Section 24-12.
22 For purposes of this and succeeding Sections of this
23 Article, a program of a special educational joint agreement
24 shall be defined as instructional, consultative, supervisory,
25 administrative, diagnostic, and related services which are
26 managed by the special educational joint agreement designed
27 to service two or more districts which are members of the
28 joint agreement.
29 Each joint agreement shall be required to post by
30 February 1, a list of all its employees in order of length of
31 continuing service in the joint agreement, unless an
32 alternative method of determining a sequence of dismissal is
33 established in an applicable collective bargaining agreement.
34 The employment of any teacher in a special education
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1 program authorized by Section 14-1.01 through 14-14.01, or a
2 joint educational program established under Section
3 10-22.31a, shall be under this and the succeeding Sections of
4 this Article, and such employment shall be deemed a
5 continuation of the previous employment of such teacher in
6 any of the participating districts, regardless of the
7 participation of other districts in the program. Any teacher
8 employed as a full-time teacher in a special education
9 program prior to September 23, 1987 in which 2 or more school
10 districts participate for a probationary period of 2
11 consecutive years shall enter upon contractual continued
12 service in each of the participating districts, subject to
13 this and the succeeding Sections of this Article, and in the
14 event of the termination of the program shall be eligible for
15 any vacant position in any of such districts for which such
16 teacher is qualified.
17 (Source: P.A. 85-1163; 85-1209; 85-1440.)
18 (105 ILCS 5/34-84) (from Ch. 122, par. 34-84)
19 Sec. 34-84. Appointments and promotions of teachers.
20 Appointments and promotions of teachers shall be made for
21 merit only, and after satisfactory service for a probationary
22 period of 3 years with respect to probationary employees
23 employed as full-time teachers in the public school system of
24 the district before July 1, 1997 and 4 years with respect to
25 probationary employees who are first employed as full-time
26 teachers in the public school system of the district on or
27 after July 1, 1997 (during which period the board may dismiss
28 or discharge any such probationary employee upon the
29 recommendation, accompanied by the written reasons therefor,
30 of the general superintendent of schools) appointments of
31 teachers shall become permanent, subject to removal for cause
32 in the manner provided by Section 34-85.
33 As used in this Article, "teachers" means and includes
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1 all members of the teaching force excluding the general
2 superintendent and principals.
3 There shall be no reduction in teachers because of a
4 decrease in student membership or a change in subject
5 requirements within the attendance center organization after
6 the 20th day following the first day of the school year,
7 except that: (1) this provision shall not apply to
8 desegregation positions, special education positions, or any
9 other positions funded by State or federal categorical funds,
10 and (2) at attendance centers maintaining any of grades 9
11 through 12, there may be a second reduction in teachers on
12 the first day of the second semester of the regular school
13 term because of a decrease in student membership or a change
14 in subject requirements within the attendance center
15 organization.
16 The school principal shall make the decision in selecting
17 teachers to fill new and vacant positions consistent with
18 Section 34-8.1.
19 (Source: P.A. 88-338; 88-511; 89-15, eff. 5-30-95.)
20 Section 99. Effective date. This Act takes effect July
21 1, 1997.