96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0176


 
Introduced 1/14/2009, by Rep. Robert F. Flider
 
SYNOPSIS AS INTRODUCED:








  



105 ILCS 5/24-11
 from Ch. 122, par. 24-11



30 ILCS 805/8.33 new











 Amends the School Code. In provisions concerning contractual continued service in school districts other than the Chicago school district, adds an exception to the probationary period of 4 consecutive school terms for a teacher who is first employed as a full-time teacher by a school district on or after the effective date of the amendatory Act but who, prior to employment with the district, already entered upon contractual continued service in another school district, in which case the probationary period is 2 consecutive school terms. Makes a similar change with respect to a teacher employed in a program of a special education joint agreement. 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
















 


 


A BILL FOR









 











HB0176

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1
 AN ACT concerning education.


2
 Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 



4
 Section 5. The School Code is amended by changing Section 
5
24-11 as follows:




6
 (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)



7
 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:

10
 "Teacher" means any or all school district employees 
11
regularly required to be
certified under laws relating to the 
12
certification of teachers.

13
 "Board" means board of directors, board of education, or 
14
board of school
inspectors, as the case may be.

15
 "School term" means that portion of the school year, July 1 
16
to the following
June 30, when school is in actual session.

17
 This Section and Sections 24-12 through 24-16 of this 
18
Article 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 
 


 






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1
reason therefor, by certified mail, return receipt requested by

2
the employing board at least 45 days before the end of such

3
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 and who has not before that date already entered
upon

6
contractual continued service in that district, the 
7
probationary period shall
be 4 consecutive
school terms before 
8
the teacher shall enter upon contractual continued
service and 
9
(ii) for a teacher who is first employed as a full-time teacher 
10
by a school district on or after the effective date of this 
11
amendatory Act of the 96th General Assembly but who, prior to 
12
employment with the district, already entered upon contractual 
13
continued service in another school district pursuant to this 
14
Section, the probationary period shall be 2 consecutive school 
15
terms before the teacher shall enter upon contractual continued 
16
service. For the purpose of determining contractual continued 
17
service,
the first probationary year shall be any full-time 
18
employment
from a date before November 1 through
the end of the 
19
school year.
If, however, a teacher who was first employed 
20
prior to January 1, 1998
has not had one school term of 
21
full-time teaching experience before the
beginning of a 
22
probationary period of 2 consecutive school terms, the 
23
employing
board may at its option extend the probationary 
24
period for one additional
school term by giving the teacher 
25
written notice by certified mail, return
receipt requested, at 
26
least 45 days before the end of the second school term of
the 
 


 






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1
period of 2 consecutive school terms referred to above. This 
2
notice must
state the reasons for the one year extension and 
3
must outline the corrective
actions that the teacher must take 
4
to satisfactorily complete probation. The
changes made by this 
5
amendatory Act of 1998 are declaratory of existing law.

6
 Any full-time teacher who is not completing the last year

7
of the probationary
period described in the preceding 
8
paragraph, or any teacher employed on a
full-time basis not 
9
later than January 1 of the school term, shall receive
written 
10
notice from the employing board at least 45 days before the
end 
11
of any school term whether or not he will be
re-employed for 
12
the following school term. If the board fails to give
such 
13
notice, the employee shall be deemed reemployed, and not later 
14
than
the close of the then current school term the board shall 
15
issue a
regular contract to the employee as though the board 
16
had reemployed him
in the usual manner.

17
 Contractual continued service shall continue in effect the 
18
terms and
provisions of the contract with the teacher during 
19
the last school term
of the probationary period, subject to 
20
this Act and the lawful
regulations of the employing board. 
21
This Section and succeeding Sections
do not modify any existing 
22
power of the board except with respect to the
procedure of the 
23
discharge of a teacher and reductions in salary as
hereinafter 
24
provided. Contractual continued service status shall not

25
restrict the power of the board to transfer a teacher to a 
26
position
which the teacher is qualified to fill or to make such 
 


 






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1
salary
adjustments as it deems desirable, but unless reductions 
2
in salary are
uniform or based upon some reasonable 
3
classification, any teacher whose
salary is reduced shall be 
4
entitled to a notice and a hearing as
hereinafter provided in 
5
the case of certain dismissals or removals.

6
 The employment of any teacher in a program of a special 
7
education joint
agreement established under Section 3-15.14, 
8
10-22.31 or 10-22.31a shall be
under this and succeeding 
9
Sections of this Article. For purposes of
attaining and 
10
maintaining contractual continued service and computing
length 
11
of continuing service as referred to in this Section and 
12
Section
24-12, employment in a special educational joint 
13
program shall be deemed a
continuation of all previous 
14
certificated employment of such teacher for
such joint 
15
agreement whether the employer of the teacher was the joint

16
agreement, the regional superintendent, or one of the 
17
participating
districts in the joint agreement.

18
 Any teacher employed after July 1, 1987 as a full-time 
19
teacher in a
program of a special education joint agreement, 
20
whether the program is
operated by the joint agreement or a 
21
member district on behalf of the joint
agreement, for a 
22
probationary period of two consecutive years shall enter
upon 
23
contractual continued service in all of the programs conducted 
24
by such
joint agreement which the teacher is legally qualified 
25
to hold; except that
(i) for
a teacher who is first employed on 
26
or after January 1, 1998 in a program of a
special education 
 


 






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1
joint agreement and who has not before that date already

2
entered upon contractual continued service in all of the 
3
programs conducted by
the joint agreement that the teacher is 
4
legally qualified to hold, the
probationary period shall be 4 
5
consecutive years before the teacher enters upon
contractual 
6
continued service in all of those programs and (ii) for a 
7
teacher who is first employed on or after the effective date of 
8
this amendatory Act of the 96th General Assembly in a program 
9
of a
special education joint agreement but who, prior to this 
10
employment, already entered upon contractual continued service 
11
in the programs of another joint agreement pursuant to this 
12
Section, the probationary period shall be 2 consecutive years 
13
before the teacher enters upon contractual continued service. 
14
In the
event of a reduction in the number of programs or 
15
positions in the joint
agreement, the teacher on contractual 
16
continued service shall be eligible
for employment in the joint 
17
agreement programs for which the teacher is
legally qualified 
18
in order of greater length of continuing service in the
joint 
19
agreement unless an alternative method of determining the 
20
sequence of
dismissal is established in a collective bargaining 
21
agreement. In the
event of the dissolution of a joint 
22
agreement, the teacher on contractual
continued service who is 
23
legally qualified shall be assigned to any
comparable position 
24
in a member district currently held by a teacher who
has not 
25
entered upon contractual continued service or held by a teacher 
26
who
has entered upon contractual continued service with shorter 
 


 






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length of
contractual continued service.

2
 The governing board of the joint agreement, or the 
3
administrative
district, if so authorized by the articles of 
4
agreement of the joint
agreement, rather than the board of 
5
education of a school district, may
carry out employment and 
6
termination actions including dismissals under
this Section 
7
and Section 24-12.

8
 For purposes of this and succeeding Sections of this 
9
Article, a program
of a special educational joint agreement 
10
shall be defined as instructional,
consultative, supervisory, 
11
administrative, diagnostic, and related services
which are 
12
managed by the special educational joint agreement designed to

13
service two or more districts which are members of the joint 
14
agreement.

15
 Each joint agreement shall be required to post by February 
16
1, a list of
all its employees in order of length of continuing 
17
service in the joint
agreement, unless an alternative method of 
18
determining a sequence of
dismissal is established in an 
19
applicable collective bargaining agreement.

20
 The employment of any teacher in a special education 
21
program
authorized by Section 14-1.01 through 14-14.01, or a 
22
joint educational
program established under Section 10-22.31a, 
23
shall be under this and the
succeeding Sections of this 
24
Article, and such employment shall be deemed
a continuation of 
25
the previous employment of such teacher in any of the

26
participating districts, regardless of the participation of 
 


 






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1
other
districts in the program. Any teacher employed as a 
2
full-time teacher in
a special education program prior to 
3
September 23, 1987 in which 2 or
more school districts

4
participate for a probationary period of 2 consecutive years 
5
shall enter
upon contractual continued service in each of the 
6
participating
districts, subject to this and the succeeding 
7
Sections of this Article,
and in the event of the termination 
8
of the program shall be eligible for
any vacant position in any 
9
of such districts for which such teacher is
qualified.

10
(Source: P.A. 90-548, eff. 1-1-98; 90-653, eff. 7-29-98.)


11
 Section 90. The State Mandates Act is amended by adding 
12
Section 8.33 as follows:

13
 (30 ILCS 805/8.33 new)
14
 Sec. 8.33. Exempt mandate. Notwithstanding Sections 6 and 8 
15
of this Act, no reimbursement by the State is required for the 
16
implementation of any mandate created by this amendatory Act of 
17
the 96th General Assembly.


18
 Section 99. Effective date. This Act takes effect upon 
19
becoming law.