If a parent or primary mode of communication. records. As between or among teachers in grouping 2 with the same average performance evaluation rating and within each of groupings 3 and 4, the teacher or teachers with the shorter length of continuing service with the school district or joint agreement must be dismissed first unless an alternative method of determining the sequence of dismissal is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization. A person who refuses to provide such information is guilty of a Class A misdemeanor. Physical restraint shall The costs of the reporter's attendance and services at the hearing shall be paid by the party or parties who are responsible for paying the fees and costs of the hearing officer. physical restraint; and. 7-1-14; 99-78, eff. The teacher may challenge the school board's order setting the amount of back pay, lost benefits, and costs, less mitigation, through an expedited arbitration procedure, with the costs of the arbitrator borne by the school board. There is no statutory authority for a school district to change the tenure acquisition timelines. Nothing in this amendatory Act of the 97th General Assembly (i) limits or otherwise impacts school districts' management right to hire new employees, (ii) affects what currently is or may be a mandatory subject of bargaining under the Illinois Educational Labor Relations Act, or (iii) creates a statutory cause of action for a candidate or a candidate's representative to challenge a school district's selection decision based on the school district's failure to adhere to the requirements of this Section. or others; and. out an independent investigation, including, but not limited to, an on-site C) orders It is unlawful for the directors: (1) to issue an order before they have certified to any schedule then required to be made; (2) after the date for filing schedules as fixed by law, to certify any schedule not delivered to them before that date when such schedule is for time taught before the first of July preceding; (3) to give an order in payment of a teacher's wages for the time covered by such delinquent schedule. (b) A school board or other entity eligible to apply for waivers and modifications under Section 2-3.25g of this Code is authorized to hold school or schedule teachers' institutes, parent-teacher conferences, or staff development on the third Monday in January (the Birthday of Dr. Martin Luther King, Jr.); February 12 (the Birthday of President Abraham Lincoln); the first Monday in March (known as Casimir Pulaski's birthday); the second Monday in October (Columbus Day); and November 11 (Veterans' Day), provided that: (1) the person or persons honored by the holiday are, recognized through instructional activities conducted on that day or, if the day is not used for student attendance, on the first school day preceding or following that day; and, (2) the entity that chooses to exercise this. The public entity shall submit its response and all Nothing in this paragraph (5) shall impact the order of honorable dismissal or a school district's or joint agreement's authority to carry out a dismissal in accordance with subsection (b) of this Section. Illinois may have more current or accurate information. The State Board of Education shall prepare and make available to school boards instructional materials relative to commemorated persons, activities, or events which may be used by school boards in conjunction with any instruction provided pursuant to this paragraph. 5) "Supine physical restraint" means a physical limitations. 24-1.1. Licenses can be suspended for up to five years, or permanently revoked, and professional development can be imposed on its own or in conjunction with any term of suspension. The entity shall provide notice preceding the public hearing to both educators and parents. Licensees may also propose settlement to resolve the matter without the cost and uncertainty of litigation. PDF. If the teacher representatives do not submit a list of teacher evaluators within 21 days after the school district's request, the school district may proceed with a remediation using a list that includes only the school district's selections. 83-1014. restraint shall be maintained in the student's temporary record. It is extremely important that teachers understand their rights if their district is contemplating reductions or they themselves become a victim of an honorable dismissal (or RIF). (9) The decision of the hearing officer pursuant to. 24-13.1) Sec. complaint with the State Superintendent of Education, the complaint process, Sec. guardian does not request a meeting within 10 school days after the school has At this meeting, Educator Effectiveness Department staff may ask questions related to the application, and the proceedings are recorded by a court reporter. Residence requirements.) 1) Physical restraint must end immediately when: A) the threat of imminent danger of serious physical harm ends; or. It is extremely important that teachers understand their rights if their district is contemplating reductions . (Source: Amended at 46 Ill. 7-20-15. You can explore additional available newsletters here. following: C) the beginning and ending times of the incident; D) a description of any relevant events leading up to the Article 13 - Schools For Designated Purposes prec. responsible for supervising the student must remain in the same room as the 1) No later than 2 school days after any use of isolated B) The notification shall inform the parents or guardians that the time out and physical restraint shall be measured by the reduction in the The color, race, sex, nationality, religion or religious affiliation of any applicant seeking employment either as a superintendent, principal, teacher or otherwise in the public elementary or high schools, shall not be considered either a qualification or disqualification for any such employment. If any hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a decision or findings of fact and recommendation within 30 days after the hearing is concluded or the record is closed, whichever is later, the hearing officer shall be removed from the master list of hearing officers maintained by the State Board of Education for not more than 24 months. also consider the student's potential need for an alternative program, for The Illinois Municipal Retirement Fund may reimburse affected school districts for the actual cost of hiring a substitute employee during such leaves of absence. In a dismissal hearing pursuant to Article 24A of this Code, the hearing officer shall consider and give weight to all of the teacher's evaluations written pursuant to Article 24A that are relevant to the issues in the hearing. 24-13. (b) School boards shall require of new employees evidence of physical fitness to perform duties assigned and freedom from communicable disease. the school district plan available for review by parents; D) Modify include a student-initiated or student-requested break, a student-initiated or or behavior specialist, at least one of those staff members shall be included Contractual continued service of teachers employed in Department of Defense overseas dependents' schools. (c) Any teacher who is first employed as a full-time teacher in a school district or program prior to the PERA implementation date and who is employed in that district or program for a probationary period of 4 consecutive school terms shall enter upon contractual continued service in the district or in all of the programs that the teacher is legally qualified to hold, unless the teacher is given written notice of dismissal by certified mail, return receipt requested, by the employing board at least 45 days before the end of any school term within such period. b) "Physical restraint" means holding a student or 10-20.33(b) or 34-18.20(b) of the School Code). and eventually eliminate the use of isolated time out, time out, or. the meeting must be convened within 2 school days after the request, provided (Source: P.A. Hearing officer dismissal recommendations can be found at, A complaint about an educators misconduct may be filed by submitting a completed Educator Misconduct Complaint Form to, . Sign up for our free summaries and get the latest delivered directly to you. 2) "Time out" means a behavior management technique for relating to a dismissal under this Section, the school district shall, in good faith cooperation with its teacher representatives, establish a process for the selection of a second evaluator from the list created pursuant to paragraph (1) of this subsection (c). ), (105 ILCS 5/24-14) (from Ch. If a teacher has received at least one performance evaluation rating conducted by the school district or joint agreement determining the sequence of dismissal and a subsequent performance evaluation is not conducted in any school year in which such evaluation is required to be conducted under Section 24A-5 of this Code, the teacher's performance evaluation rating for that school year for purposes of determining the sequence of dismissal is deemed Proficient. Repealed by P.A. 102-1140. Updated February 27, 2020 With PERA's full implementation on September 1, 2016, it is important to remember that all full-time probationary teachers who are first employed with a school district after a district's PERA implementation date are subject to the new tenure [] 13-40 - Department of Juvenile Justice School District, Article 13B - Alternative Learning Opportunities, Article 14A - Gifted and Talented Children And Children Eligible For Accelerated Placement, Article 14B - Educationally Disadvantaged Children (Repealed), Article 14C - Transitional Bilingual Education, Article 16 - Gifts--Use Of Sites--Playgrounds, Article 17 - Budgets--Tax Rates--Tax Warrants, Article 19 - Debt Limitation - Bonds - Territory Liable - Refunding Bonds, prec. 2016 Illinois Compiled Statutes - Justia Law 83-186. 122, par. If a school board establishes a schedule for teachers' salaries based on education and experience, not inconsistent with this Section, all certificated nurses employed by that board shall be paid in accordance with the provisions of such schedule. 122, par. "School district" means a school district or a program of a special education joint agreement. Daily registers. But they are 4-20 over the past two seasons. A tenured teacher can be dismissed for cause from employment in an action initiated by the school district employer. You're all set! The board shall not lose jurisdiction to discharge the teacher if the hearing officer fails to render a recommendation within the time specified in this Section. It is likely that some of the Certified Staff Members who will be released on March 15, 2021, will be re-employed after the staffing process is completed. Section will be subject to the compliance measures outlined in subsection (l). Authorized agents of an exclusive bargaining representative, upon notifying the school office, may meet with school employees in the school building during duty free times of such employees. relating to a dismissal under this Section, the school district must create and establish a list of at least 2 evaluators who will be available to serve as second evaluators under this Section. 122, par. Sb2138 102nd General Assembly the students school record. student's parent or guardian on the same day the isolated time out, time out, restrictive and intrusive to reduce the risk of harm to students; ii) appropriate procedures for preventing the need for isolated isolated time out, time out, or physical restraint. of hearing in which either notice to the teacher was sent before July 1, 2012 or, if the notice was sent on or after July 1, 2012, the teacher has requested a hearing before a mutually selected hearing officer, the State Board of Education shall provide a list of 5 prospective, impartial hearing officers from the master list of qualified, impartial hearing officers maintained by the State Board of Education. If any section, paragraph, sentence or clause of this Article is held invalid or unconstitutional, such decision shall not affect the remaining portion of this Article or this Act, or any section or part thereof. 1) "Isolated time out" means the involuntary School personnel shall not be subject to disciplinary action by the school because of an intervention and may not be prohibited by school policy from intervening. following areas: C) identifying Before the hearing officer and as part of any judicial review of a dismissal under this Section, a teacher may not challenge a remediation or dismissal on the grounds that the process used by the school district to select a second evaluator was not established in good faith cooperation with its teacher representatives. If notice to the teacher was sent before July 1, 2012. or, if the notice was sent on or after July 1, 2012, the teacher has requested a hearing before a mutually selected hearing officer, the board and the teacher or their legal representatives within 3 business days shall alternately strike one name from the list provided by the State Board of Education until only one name remains. For any dismissal proceedings under this Section, the hearing officer shall not issue a decision, and shall issue only findings of fact and a recommendation, including the reasons therefor, to the board to either retain or dismiss the teacher and shall give a copy of the report to both the teacher and the superintendent of the school district. 24-15. If a hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a decision or findings of fact and recommendation within 30 days after the hearing is concluded or the record is closed, whichever is later, the parties may mutually agree to select a hearing officer pursuant to the alternative procedure, as provided in this Section, to rehear the charges heard by the hearing officer who failed to render a decision or findings of fact and recommendation or to review the record and render a decision. physical restraint and will designated under this Section shall also maintain a copy of each of these individualized education program, federal Section 504 plan, or other plan of 122, par. be designed so that students cannot climb up the walls; D) be designed to permit continuous visual monitoring of and The applicable hearing requirements shall apply to the teacher's request for a hearing, the selection and qualifications of the hearing officer, and pre-hearing and hearing procedures, except that all of the following must be met: (1) The hearing officer must, in addition to meeting. (g) Contractual continued service shall continue in effect the terms and provisions of the contract with the teacher during the last school term of the probationary period, subject to this Act and the lawful regulations of the employing board. Educator Effectiveness Department staff will then make a final administrative decision either to issue the license, endorsement, or approval or deny the application. This Section and succeeding Sections do not modify any existing power of the board except with respect to the procedure of the discharge of a teacher and reductions in salary as hereinafter provided. 97-8, eff. E) a These dismissal actions are governed by 105 ILCS 5/24-12(d) and Part 51 rules (23 Ill.Admin.Code 51). 2) The These dismissal actions are governed by, (23 Ill.Admin.Code 51). immediately upon determination by the staff member that the student no longer poses The school board may require a certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, a chiropractic physician licensed under the Medical Practice Act of 1987, a licensed advanced practice nurse, a licensed physician assistant, or, if the treatment is by prayer or spiritual means, a spiritual adviser or practitioner of the teacher's or employee's faith as a basis for pay during leave after an absence of 3 days for personal illness or 30 days for birth or as the school board may deem necessary in other cases. 24-4. ), (105 ILCS 5/24-6) Sec. restraint, which, at a minimum, shall include: A) the number of incidents involving the use of EISSN: N/A Formal Dismissal Procedures Under Illinois Teacher Tenure Laws. 122, par. for the Use of Isolated Time Out, Time Out, and Physical Restraint. Illinois Supreme Court Rules on Tenured Teacher Dismissals for Cause Illinois may have more current or accurate information. restrictive and intrusive interventions to address the emergency and stop the has an individualized education program (IEP), an IEP meeting may satisfy the this Section; E) the special education nonpublic facility must be able to The board shall, upon the written request of an employee, withhold from the compensation of that employee any dues, payments or contributions payable by such employee to any employee labor organization as defined in the Illinois Educational Labor Relations Act. 99-173, eff. L) the date on which parental or guardian notification took place, incident; E) a description of any less restrictive or intrusive alternative been trained in its safe application under this Section. will be subject to the progressive enforcement actions outlined in Section 1.20. Subject to the February 1 deadline for agreements, the agreement of a joint committee on a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee. pursuant to Sections 10-20.14 and 14-8.05(c) of the School Code. 24-1.5. 12) "Mechanical 24-8) Sec. ), (105 ILCS 5/24-1.5) Sec. The plan must include specific actions set forth in Public A school term that is not counted toward attainment of contractual continued service shall not be considered a break in service for purposes of determining whether a teacher has been employed for 4 consecutive school terms, provided that the teacher actually teaches or is otherwise present and participating in the district's or program's educational program in the following school term. Within each position and subject to agreements made by the joint committee on honorable dismissals that are authorized by subsection (c) of this Section, the school district or joint agreement must establish 4 groupings of teachers qualified to hold the position as follows: (1) Grouping one shall consist of each teacher who is. ), (105 ILCS 5/24-13) (from Ch. must be assigned to observe and monitor the student during the entire incident. Association president leave. The two templates herein were created by ISBE with input from IASB, IASA, IASPA and other stakeholders to fulfil ISBEs obligation to provide the employment history review templates. The optional dismissal process set forth in this Section is an alternative to those set forth in Sections 24-12 and 34-85 of this Code. training on physical restraint, online training may be utilized for all These goals and benchmarks 7-19-95. achieving the goal in subsection (l)(1)(A), 2) The (Source: P.A. or physical restraint is imposed. (Source: P.A. (b) This Section and Sections 24-12 through 24-16 of this Article apply only to school districts having less than 500,000 inhabitants. For performance evaluation ratings determined prior to September 1, 2012, any school district or joint agreement with a performance evaluation rating system that does not use either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code for all teachers must establish a basis for assigning each teacher a rating that complies with subsection (d) of Section 24A-5 of this Code for all of the performance evaluation ratings that are to be used to determine the sequence of dismissal. 'Tis the Season to Get Tenure! Remember New Tenure Rules in Effect special education eligibility, or, for a student already eligible for special whenever an episode of isolated time out or time out exceeds 30 minutes, an 2021 Illinois Compiled Statutes Chapter 105 - SCHOOLS 105 ILCS 5/ - School Code. physical restraint, as applicable, shall evaluate the situation. Unless waived by the teacher, the teacher shall have the right to proceed first with the striking. occurring not more than one year prior to the date in which the complaint is For a school district having 500,000 inhabitants or more, "board" means the Chicago Board of Education. Illinois School Code. 24-12.1) Sec. ), (105 ILCS 5/24-24) (from Ch. 122, par. Holidays. protect a student or other individual from imminent danger of serious physical 93-377, eff. required to accompany that student under this Section; C) be constructed of materials that cannot be used by students to A hearing officer mutually selected by the parties. be placed into the student's temporary student record. student, and the school staff members or members applying the intervention have 26-12. . E) Supine (Source: P.A. (Source: P.A. Below are the two templates ISBE created with input from IASB, IASA, IASPA and other stakeholders to fulfil ISBEs obligation under the statute which will be in effect on July 1, 2023. (Source: P.A. out, or physical restraint and why those measures were ineffective or deemed Tenure; minimum salaries. Nothing herein limits the right of the General Assembly to amend or repeal any part of Sections 24-11 to 24-15, inclusive, or any contract resulting therefrom.
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