SB 2218 — SCH CD-TEACHER DISMISSAL LIST

SB2218 EngrossedEnrolled LRB103 25407 RJT 51754 b AN ACT concerning education.

If a teacher in contractual continued service is removed or dismissed as a result of a decision of the board to decrease the number of teachers employed by the board or to discontinue some particular type of teaching service, written notice shall be mailed to the teacher and also given the teacher either by certified mail, return receipt requested or personal delivery with receipt at least 60 days before the end of the school term, together with a statement of honorable dismissal and the reason therefor, and in all such cases the board shall first remove or dismiss all teachers who have not entered upon contractual continued service before removing or dismissing any teacher who has entered upon contractual continued service SB2218 EngrossedEnrolled - 2 - LRB103 25407 RJT 51754 b and who is legally qualified to hold a position currently held by a teacher who has not entered upon contractual continued service.

provided, however, that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by SB2218 EngrossedEnrolled - 3 - LRB103 25407 RJT 51754 b certified employees (excluding principals and administrative personnel) during the preceding school year, then if the board has any vacancies for the following school term or within 2 calendar years from the beginning of the following school term, the positions so becoming available shall be tendered to the teachers who were so notified and removed or dismissed whenever they are legally qualified to hold such positions.

(b) This subsection (b) applies only to honorable dismissals and recalls in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent SB2218 EngrossedEnrolled - 4 - LRB103 25407 RJT 51754 b 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 SB2218 EngrossedEnrolled - 5 - LRB103 25407 RJT 51754 b establish 4 groupings of teachers qualified to hold the position as follows:

SB2218 EngrossedEnrolled - 6 - LRB103 25407 RJT 51754 b (3) Grouping 3 shall consist of each teacher with a performance evaluation rating of at least Satisfactory or Proficient on both of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or on the teacher's last performance evaluation rating, if only one rating is available, unless the teacher qualifies for placement into grouping 4.

A teacher's average performance evaluation rating must be calculated using the average of the teacher's last 2 performance evaluation ratings, if 2 ratings are available, or the teacher's last performance evaluation rating, if only one rating is available, using the following SB2218 EngrossedEnrolled - 7 - LRB103 25407 RJT 51754 b numerical values:

Each year, each board shall also establish, in consultation SB2218 EngrossedEnrolled - 8 - LRB103 25407 RJT 51754 b with any exclusive employee representatives, a list showing the length of continuing service of each teacher who is qualified to hold any such positions, unless an alternative method of determining a sequence of dismissal is established as provided for in this Section, in which case a list must be made in accordance with the alternative method.

If the board or joint agreement has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 3 or 4 of the sequence of dismissal and are qualified to hold the positions, based upon legal qualifications and any other qualifications established in a district or joint agreement job description, on or before the May 10 prior to the date of the positions becoming available, provided that if the number of honorable dismissal notices based on economic necessity exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) SB2218 EngrossedEnrolled - 9 - LRB103 25407 RJT 51754 b during the preceding school year, then the recall period is for the following school term or within 2 calendar years from the beginning of the following school term.

Among teachers eligible for recall pursuant to the preceding sentence, the order of recall must be in inverse order of SB2218 EngrossedEnrolled - 10 - LRB103 25407 RJT 51754 b dismissal, unless an alternative order of recall is established in a collective bargaining agreement or contract between the board and a professional faculty members' organization.

Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation SB2218 EngrossedEnrolled - 11 - LRB103 25407 RJT 51754 b period, if multiple performance evaluations are conducted in a school term, only the rating from the last evaluation conducted prior to establishing the sequence of honorable dismissal list in such school term shall be the one evaluation rating from that school term used for the purpose of determining the sequence of dismissal.

A teacher's grouping and ranking on a sequence of honorable dismissal shall be deemed a part of the teacher's performance evaluation, and that information shall be disclosed to the exclusive bargaining representative as part of a sequence of honorable dismissal SB2218 EngrossedEnrolled - 12 - LRB103 25407 RJT 51754 b list, notwithstanding any laws prohibiting disclosure of such information.

During any time in which the Governor has declared a disaster due to a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act and unless the school board and any exclusive bargaining representative have completed the performance rating for teachers or have mutually agreed to an alternate performance rating, any teacher who has entered into contractual continued service, whose most recent evaluation SB2218 EngrossedEnrolled - 13 - LRB103 25407 RJT 51754 b was deemed Excellent, and whose performance evaluation is not conducted when the evaluation is required to be conducted shall receive a teacher's performance rating deemed Excellent.

Any provisions regarding the sequence of honorable dismissals and recall of honorably dismissed teachers in a collective bargaining agreement entered into on or before January 1, 2011 and in effect on June 13, 2011 (the effective date of Public Act 97-8) that may conflict with Public Act 97-8 shall remain in effect through the expiration of such SB2218 EngrossedEnrolled - 14 - LRB103 25407 RJT 51754 b agreement or June 30, 2013, whichever is earlier.

(3) The joint committee may agree to including within the definition of a performance evaluation rating a performance evaluation rating administered by a school SB2218 EngrossedEnrolled - 15 - LRB103 25407 RJT 51754 b district or joint agreement other than the school district or joint agreement determining the sequence of dismissal.

If, after review of this list, a member of the joint committee has a good faith belief that a disproportionate number of teachers with greater length of continuing service with the district or joint agreement have received a recent performance evaluation rating lower than the prior rating, the member may request that the joint committee review the list to SB2218 EngrossedEnrolled - 16 - LRB103 25407 RJT 51754 b assess whether such a trend may exist.

Subject to the February 1 deadline for agreements, the agreement of a joint committee on SB2218 EngrossedEnrolled - 17 - LRB103 25407 RJT 51754 b a matter shall apply to the sequence of dismissal until the agreement is amended or terminated by the joint committee.

Any written notice sent on or after July 1, 2012 shall inform the teacher of the right to request a hearing before a mutually selected hearing officer, with the cost of the hearing officer split equally between the teacher and the board, or a hearing SB2218 EngrossedEnrolled - 18 - LRB103 25407 RJT 51754 b before a board-selected hearing officer, with the cost of the hearing officer paid by the board.

(3) Within 5 business days after receiving a notice 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 SB2218 EngrossedEnrolled - 19 - LRB103 25407 RJT 51754 b 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.

Within 3 business days of receipt of the list provided by the State Board of Education, the board and the teacher or their legal representatives shall each have the right to reject all prospective hearing SB2218 EngrossedEnrolled - 20 - LRB103 25407 RJT 51754 b officers named on the list and notify the State Board of Education of such rejection.

SB2218 EngrossedEnrolled - 21 - LRB103 25407 RJT 51754 b Any hearing convened during a public health emergency pursuant to Section 7 of the Illinois Emergency Management Agency Act may be convened remotely.

Any teacher charged with engaging SB2218 EngrossedEnrolled - 22 - LRB103 25407 RJT 51754 b in acts of corporal punishment, physical abuse, grooming, or sexual misconduct on or after the effective date of this amendatory Act of the 102nd General Assembly may not pause pre-hearing procedures or a hearing.

(5) If the notice of dismissal was sent to the teacher SB2218 EngrossedEnrolled - 23 - LRB103 25407 RJT 51754 b before July 1, 2012, the fees and costs for the hearing officer must be paid by the State Board of Education.

(6) The teacher is required to answer the bill of particulars and aver affirmative matters in his or her defense, and the time for initially doing so and the time SB2218 EngrossedEnrolled - 24 - LRB103 25407 RJT 51754 b for updating such answer and defenses after pre-hearing discovery must be set by the hearing officer.

pre-hearing discovery and preparation, including provision for written interrogatories and requests for production of documents, provided that discovery depositions are SB2218 EngrossedEnrolled - 25 - LRB103 25407 RJT 51754 b prohibited;

In a dismissal hearing pursuant to Article 24A of this Code in which a witness is a student or is under the age of 18, the hearing officer must make accommodations for the witness, as SB2218 EngrossedEnrolled - 26 - LRB103 25407 RJT 51754 b provided under paragraph (6.5) of this subsection.

(6.5) In the case of charges involving sexual abuse or SB2218 EngrossedEnrolled - 27 - LRB103 25407 RJT 51754 b severe physical abuse of a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized.

(7) The hearing officer shall, within 30 days from the conclusion of the hearing or closure of the record, whichever is later, make a decision as to whether or not the teacher shall be dismissed pursuant to Article 24A of this Code or report to the school board findings of fact and a recommendation as to whether or not the teacher shall be dismissed for cause and shall give a copy of the decision or findings of fact and recommendation to both SB2218 EngrossedEnrolled - 28 - LRB103 25407 RJT 51754 b the teacher and the school board.

If any hearing officer repeats such failure, he or she must be permanently removed from the master list maintained by the State Board of Education and may not be selected by parties through SB2218 EngrossedEnrolled - 29 - LRB103 25407 RJT 51754 b the alternative selection process under this paragraph (7) or paragraph (4) of this subsection (d).

If the school board dismisses the teacher SB2218 EngrossedEnrolled - 30 - LRB103 25407 RJT 51754 b notwithstanding the hearing officer's findings of fact and recommendation, the school board shall make a conclusion in its written order, giving its reasons therefor, and such conclusion and reasons must be included in its written order.

The costs of the hearing officer's review and determination must be paid by the SB2218 EngrossedEnrolled - 31 - LRB103 25407 RJT 51754 b board.

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 SB2218 EngrossedEnrolled - 32 - LRB103 25407 RJT 51754 b borne by the school board.