SB 2914 — SCH CD-REMOVE/DISMISS TEACHERS

SB2914 EngrossedEnrolled LRB104 17707 LNS 31138 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 SB2914 EngrossedEnrolled - 2 - LRB104 17707 LNS 31138 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 SB2914 EngrossedEnrolled - 3 - LRB104 17707 LNS 31138 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) If any teacher, whether or not in contractual continued service, is removed or dismissed as a result of a decision of a school board to decrease the number of teachers SB2914 EngrossedEnrolled - 4 - LRB104 17707 LNS 31138 b employed by the board, a decision of a school board to discontinue some particular type of teaching service, or a reduction in the number of programs or positions in a special education joint agreement, then written notice must be mailed to the teacher and also given to the teacher either by electronic mail, certified mail, return receipt requested, or personal delivery with receipt on or before April 15, together with a statement of honorable dismissal and the reason therefor, and in all such cases the sequence of dismissal shall occur in accordance with this subsection (b);

(1) Grouping one shall consist of each teacher who is SB2914 EngrossedEnrolled - 5 - LRB104 17707 LNS 31138 b not in contractual continued service and who (i) has not received a performance evaluation rating, (ii) is employed for one school term or less to replace a teacher on leave, or (iii) is employed on a part-time basis.

(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 SB2914 EngrossedEnrolled - 6 - LRB104 17707 LNS 31138 b 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.

As between or among teachers in grouping 2 SB2914 EngrossedEnrolled - 7 - LRB104 17707 LNS 31138 b 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.

Each year, each board shall also establish, in consultation 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 SB2914 EngrossedEnrolled - 8 - LRB104 17707 LNS 31138 b 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 within the period from the SB2914 EngrossedEnrolled - 9 - LRB104 17707 LNS 31138 b beginning of the following school term through February 1 of the following school term (unless a date later than February 1, but no later than 6 months from the beginning of the following school term, is established in a collective bargaining agreement), the positions thereby becoming available must be tendered to the teachers so removed or dismissed who were in grouping 2 of the sequence of dismissal due to one "needs improvement" rating on either of the teacher's last 2 performance evaluation ratings, provided that, if 2 ratings are available, the other performance evaluation rating used for grouping purposes is "satisfactory", "proficient", or "excellent", 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.

Whenever the number of honorable dismissal SB2914 EngrossedEnrolled - 10 - LRB104 17707 LNS 31138 b notices based upon economic necessity exceeds 5 notices or 150% of the average number of teachers honorably dismissed in the preceding 3 years, whichever is more, then the school board or governing board of a joint agreement, as applicable, shall also hold a public hearing on the question of the dismissals.

Except as otherwise provided in this subsection for any performance evaluations conducted during or at the end of a remediation 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 SB2914 EngrossedEnrolled - 11 - LRB104 17707 LNS 31138 b rating from that school term used for the purpose of determining the sequence of dismissal.

A performance evaluation rating may be used to determine the sequence of dismissal, notwithstanding the pendency of any grievance resolution or arbitration procedures SB2914 EngrossedEnrolled - 12 - LRB104 17707 LNS 31138 b relating to the performance evaluation.

A school board and any exclusive bargaining representative may SB2914 EngrossedEnrolled - 13 - LRB104 17707 LNS 31138 b mutually agree to an alternate performance rating for teachers not in contractual continued service 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, as long as the agreement is in writing.

(c) Each school district and special education joint agreement must use a joint committee composed of equal representation selected by the school board and its teachers SB2914 EngrossedEnrolled - 14 - LRB104 17707 LNS 31138 b or, if applicable, the exclusive bargaining representative of its teachers, to address the matters described in paragraphs (1) through (5) of this subsection (c) pertaining to honorable dismissals under subsection (b) of this Section.

(4) For each school district or joint agreement that administers performance evaluation ratings that are SB2914 EngrossedEnrolled - 15 - LRB104 17707 LNS 31138 b inconsistent with either of the rating category systems specified in subsection (d) of Section 24A-5 of this Code, the school district or joint agreement must consult with the joint committee on the basis for assigning a rating that complies with subsection (d) of Section 24A-5 of this Code to each performance evaluation rating that will be used in a sequence of dismissal.

Following the joint committee's review, but by no later than the end of the applicable school term, the joint committee or any member or members of the joint committee may submit a report of SB2914 EngrossedEnrolled - 16 - LRB104 17707 LNS 31138 b the review to the employing board and exclusive bargaining representative, if any.

The provisions of the Open Meetings Act shall not apply to meetings of a joint committee created under this subsection SB2914 EngrossedEnrolled - 17 - LRB104 17707 LNS 31138 b (c).

Before setting a hearing on charges stemming from causes that are considered remediable, a board must give SB2914 EngrossedEnrolled - 18 - LRB104 17707 LNS 31138 b the teacher reasonable warning, in writing, stating specifically the causes that, if not removed, may result in charges;

If no arbitration procedures exist in the collective bargaining agreement, the parties shall file for arbitration with the Federal SB2914 EngrossedEnrolled - 19 - LRB104 17707 LNS 31138 b Mediation and Conciliation Service or the American Arbitration Association.

The secretary of the school board shall forward a copy of the notice to the State Board of SB2914 EngrossedEnrolled - 20 - LRB104 17707 LNS 31138 b Education.

Unless waived by SB2914 EngrossedEnrolled - 21 - LRB104 17707 LNS 31138 b the teacher, the teacher shall have the right to proceed first with the striking.

A hearing officer mutually selected by the parties, selected by the board, or selected through an alternative selection process under paragraph (4) of this subsection (d) (A) must not be a resident of the school district, (B) must be available to commence the hearing within 75 days and conclude the hearing within 120 days after being SB2914 EngrossedEnrolled - 22 - LRB104 17707 LNS 31138 b selected as the hearing officer, and (C) must issue a decision as to whether the teacher must be dismissed and give a copy of that decision to both the teacher and the board within 30 days from the conclusion of the hearing or closure of the record, whichever is later.

Any teacher who has been charged with engaging in acts of corporal punishment, physical abuse, grooming, or sexual misconduct and who previously paused pre-hearing procedures or a hearing pursuant to Public Act 101-643 must proceed with selection of a hearing officer or hearing date, or both, within the timeframes established by this paragraph (3) and paragraphs (4) through (6) of this subsection (d), unless the timeframes are mutually waived in writing by both SB2914 EngrossedEnrolled - 23 - LRB104 17707 LNS 31138 b parties, and all timelines set forth in this Section in cases concerning corporal punishment, physical abuse, grooming, or sexual misconduct shall be reset to begin the day after April 22, 2022 (the effective date of Public Act 102-708).

The parties shall notify the State Board of Education of their intent to select a hearing officer using an alternative procedure within 3 business days of receipt of a list of prospective hearing officers provided by the State Board of Education, notice of appointment of SB2914 EngrossedEnrolled - 24 - LRB104 17707 LNS 31138 b a hearing officer by the State Board of Education, or receipt of notice from the State Board of Education that it cannot provide a list that meets the foregoing requirements, whichever is later.

The fees and costs must be paid to the hearing officer within 14 days after the board and the teacher or their legal SB2914 EngrossedEnrolled - 25 - LRB104 17707 LNS 31138 b representatives receive the hearing officer's decision set forth in paragraph (7) of this subsection (d).

the requirement that each party initially disclose to the other party and then update the disclosure no later than 10 calendar days prior to the commencement of the hearing, the names and addresses of persons who may be called as witnesses at the hearing, a summary of the facts or opinions each witness will testify to, and all other documents and materials, including information maintained electronically, relevant to its own as well as the other party's case (the hearing officer may exclude witnesses and exhibits not identified and shared, except SB2914 EngrossedEnrolled - 26 - LRB104 17707 LNS 31138 b those offered in rebuttal for which the party could not reasonably have anticipated prior to the hearing);

Good cause for the purpose of this subsection (d) shall mean the illness or otherwise unavoidable emergency of the teacher, district representative, their legal representatives, the SB2914 EngrossedEnrolled - 27 - LRB104 17707 LNS 31138 b hearing officer, or an essential witness as indicated in each party's pre-hearing submission.

Any post-hearing briefs SB2914 EngrossedEnrolled - 28 - LRB104 17707 LNS 31138 b must be submitted by the parties by no later than 21 days after a party's receipt of the transcript of the hearing, unless extended by the hearing officer for good cause or by mutual agreement of the parties.

(i) testimony made via a telecommunication device in a location other than the hearing room and outside the physical or visual presence of the teacher and other hearing participants, but accessible to the teacher via a telecommunication device, (ii) testimony made in the hearing room but outside the physical presence of the teacher and accessible to the teacher via a telecommunication device, (iii) non-public testimony, (iv) testimony made via videoconference with the cameras and SB2914 EngrossedEnrolled - 29 - LRB104 17707 LNS 31138 b microphones of the teacher turned off, or (v) pre-recorded testimony, including, but not limited to, a recording of a forensic interview conducted at an accredited Children's Advocacy Center.

If a hearing officer SB2914 EngrossedEnrolled - 30 - LRB104 17707 LNS 31138 b 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.

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 SB2914 EngrossedEnrolled - 31 - LRB104 17707 LNS 31138 b selected by parties through the alternative selection process under this paragraph (7) or paragraph (4) of this subsection (d).

If the school board dismisses the teacher SB2914 EngrossedEnrolled - 32 - LRB104 17707 LNS 31138 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 SB2914 EngrossedEnrolled - 33 - LRB104 17707 LNS 31138 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 SB2914 EngrossedEnrolled - 34 - LRB104 17707 LNS 31138 b borne by the school board.