Bill Text: IL HB3592 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Employment of Teachers and Chicago School District Articles of the School code. In provisions concerning dismissal due to sexual abuse, changes the requirements to for any charges involving any witness who is or was at the time of the alleged conduct was a student or person under the age of 18 (instead of charges involving sexual abuse or severe physical abuse of a student or a person under the age of 18). Provides for accommodations (instead of alternative hearing procedures) for witnesses. Sets forth requirements for accommodations. Provides that the teacher may not directly, or through a representative, question a witness called by the school board who is or was a student or under 18 years of age at the time of the alleged conduct. The hearing officer must permit the teacher to submit all relevant questions and follow-up questions for such a witness to have the questions posed by the hearing officer (instead of each party must be permitted to ask a witness who is a student or who is under 18 years of age all relevant questions and follow-up questions). Provides that if any hearing officer fails to make an accommodation, the officer shall be removed from the master list of hearing officers. In the Chicago School District Article of the School Code, makes conforming changes to the previously described procedures.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2023-07-28 - Public Act . . . . . . . . . 103-0354 [HB3592 Detail]

Download: Illinois-2023-HB3592-Enrolled.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
24-12 and 34-85 as follows:
(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
Sec. 24-12. Removal or dismissal of teachers in
contractual continued service.
(a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. 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

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and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall 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 and except that
this provision shall not impair the operation of any
affirmative action program in the district, regardless of
whether it exists by operation of law or is conducted on a
voluntary basis by the board. Any teacher dismissed as a
result of such decrease or discontinuance shall be paid all
earned compensation on or before the third business day
following the last day of pupil attendance in the regular
school term.
If the board 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 shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; 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

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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.
Each board shall, in consultation with any exclusive employee
representatives, each year establish a list, categorized by
positions, 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 shall be made in accordance with the alternative method.
Copies of the list shall be distributed to the exclusive
employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5, or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the board also shall hold a public
hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
(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

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school term. 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
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 at least 45 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
sequence of dismissal shall occur in accordance with this
subsection (b); except that this subsection (b) shall not
impair the operation of any affirmative action program in the
school district, regardless of whether it exists by operation
of law or is conducted on a voluntary basis by the board.
Each teacher must be categorized into one or more
positions for which the teacher is qualified to hold, 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 school year during which
the sequence of dismissal is determined. 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

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establish 4 groupings of teachers qualified to hold the
position as follows:
(1) Grouping one shall consist of each teacher who is
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. "Part-time
basis" for the purposes of this subsection (b) means a
teacher who is employed to teach less than a full-day,
teacher workload or less than 5 days of the normal student
attendance week, unless otherwise provided for in a
collective bargaining agreement between the district and
the exclusive representative of the district's teachers.
For the purposes of this Section, a teacher (A) who is
employed as a full-time teacher but who actually teaches
or is otherwise present and participating in the
district's educational program for less than a school term
or (B) who, in the immediately previous school term, was
employed on a full-time basis and actually taught or was
otherwise present and participated in the district's
educational program for 120 days or more is not considered
employed on a part-time basis.
(2) Grouping 2 shall consist of each teacher with a
Needs Improvement or Unsatisfactory performance evaluation
rating on either of the teacher's last 2 performance
evaluation ratings.

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(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.
(4) Grouping 4 shall consist of each teacher whose
last 2 performance evaluation ratings are Excellent and
each teacher with 2 Excellent performance evaluation
ratings out of the teacher's last 3 performance evaluation
ratings with a third rating of Satisfactory or Proficient.
Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based
upon average performance evaluation ratings, with the teacher
or teachers with the lowest average performance evaluation
rating dismissed first. 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

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numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. 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.
Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing
each teacher by name and categorized by positions and the
groupings defined in this subsection (b) must be distributed
to the exclusive bargaining representative at least 75 days
before the end of the school term, provided that the school
district or joint agreement may, with notice to any exclusive
employee representatives, move teachers from grouping one into
another grouping during the period of time from 75 days until
45 days before the end of the school term. Each year, each
board shall also establish, in consultation with any exclusive
employee representatives, a list showing the length of

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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. Copies of the list
must be distributed to the exclusive employee representative
at least 75 days before the end of the school term.
Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
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)
during the preceding school year, then the recall period is
for the following school term or within 2 calendar years from

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the beginning of the following school term. If the board or
joint agreement has any vacancies within the period from the
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.
On and after July 1, 2014 (the effective date of Public Act
98-648), the preceding sentence shall apply to teachers
removed or dismissed by honorable dismissal, even if notice of
honorable dismissal occurred during the 2013-2014 school year.
Among teachers eligible for recall pursuant to the preceding
sentence, the order of recall must be in inverse order of
dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract

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between the board and a professional faculty members'
organization. Whenever the number of honorable dismissal
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. Following the hearing and board review, the action
to approve any such reduction shall require a majority vote of
the board members.
For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement
determining the sequence of dismissal, not including any
performance evaluation conducted during or at the end of a
remediation period. No more than one evaluation rating each
school term shall be one of the evaluation ratings used for the
purpose of determining the sequence of dismissal. 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

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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. Averaging ratings from
multiple evaluations is not permitted unless otherwise agreed
to in a collective bargaining agreement or contract between
the board and a professional faculty members' organization.
The preceding 3 sentences are not a legislative declaration
that existing law does or does not already require that only
one performance evaluation each school term shall be used for
the purpose of determining the sequence of dismissal. 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. 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
list, notwithstanding any laws prohibiting disclosure of such
information. A performance evaluation rating may be used to

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determine the sequence of dismissal, notwithstanding the
pendency of any grievance resolution or arbitration procedures
relating to the performance evaluation. 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, except that, 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, this default to Proficient does not
apply to any teacher who has entered into contractual
continued service and who was deemed Excellent on his or her
most recent evaluation. 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
was deemed Excellent, and whose performance evaluation is not
conducted when the evaluation is required to be conducted

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shall receive a teacher's performance rating deemed Excellent.
A school board and any exclusive bargaining representative may
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.
If a performance evaluation rating is nullified as the result
of an arbitration, administrative agency, or court
determination, then the school district or joint agreement is
deemed to have conducted a performance evaluation for that
school year, but the performance evaluation rating may not be
used in determining the sequence of dismissal.
Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
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
agreement or June 30, 2013, whichever is earlier.
(c) Each school district and special education joint

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agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
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.
(1) The joint committee must consider and may agree to
criteria for excluding from grouping 2 and placing into
grouping 3 a teacher whose last 2 performance evaluations
include a Needs Improvement and either a Proficient or
Excellent.
(2) The joint committee must consider and may agree to
an alternative definition for grouping 4, which definition
must take into account prior performance evaluation
ratings and may take into account other factors that
relate to the school district's or program's educational
objectives. An alternative definition for grouping 4 may
not permit the inclusion of a teacher in the grouping with
a Needs Improvement or Unsatisfactory performance
evaluation rating on either of the teacher's last 2
performance evaluation ratings.
(3) The joint committee may agree to including within
the definition of a performance evaluation rating a
performance evaluation rating administered by a school
district or joint agreement other than the school district
or joint agreement determining the sequence of dismissal.

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(4) For each school district or joint agreement that
administers performance evaluation ratings that are
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.
(5) Upon request by a joint committee member submitted
to the employing board by no later than 10 days after the
distribution of the sequence of honorable dismissal list,
a representative of the employing board shall, within 5
days after the request, provide to members of the joint
committee a list showing the most recent and prior
performance evaluation ratings of each teacher identified
only by length of continuing service in the district or
joint agreement and not by name. 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
assess whether such a trend may exist. Following the joint
committee's review, but by no later than the end of the

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applicable school term, the joint committee or any member
or members of the joint committee may submit a report of
the review to the employing board and exclusive bargaining
representative, if any. 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.
Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. 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.

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The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
(d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
(1) If a dismissal of a teacher in contractual
continued service is sought for any reason or cause other
than an honorable dismissal under subsections (a) or (b)
of this Section or a dismissal sought under Section
24-16.5 of this Code, including those under Section
10-22.4, the board must first approve a motion containing
specific charges by a majority vote of all its members.
Written notice of such charges, including a bill of
particulars and the teacher's right to request a hearing,
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 within 5 days
of the adoption of the motion. 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
before a board-selected hearing officer, with the cost of
the hearing officer paid by the board.

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Before setting a hearing on charges stemming from
causes that are considered remediable, a board must give
the teacher reasonable warning in writing, stating
specifically the causes that, if not removed, may result
in charges; however, no such written warning is required
if the causes have been the subject of a remediation plan
pursuant to Article 24A of this Code.
If, in the opinion of the board, the interests of the
school require it, the board may suspend the teacher
without pay, pending the hearing, but if the board's
dismissal or removal is not sustained, the teacher shall
not suffer the loss of any salary or benefits by reason of
the suspension.
(2) No hearing upon the charges is required unless the
teacher within 17 days after receiving notice requests in
writing of the board that a hearing be scheduled before a
mutually selected hearing officer or a hearing officer
selected by the board. The secretary of the school board
shall forward a copy of the notice to the State Board of
Education.
(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
mutually selected hearing officer, the State Board of
Education shall provide a list of 5 prospective, impartial

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hearing officers from the master list of qualified,
impartial hearing officers maintained by the State Board
of Education. Each person on the master list must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience directly related to
labor and employment relations matters between employers
and employees or their exclusive bargaining
representatives and (ii) beginning September 1, 2012, have
participated in training provided or approved by the State
Board of Education for teacher dismissal hearing officers
so that he or she is familiar with issues generally
involved in evaluative and non-evaluative dismissals.
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. Unless waived by
the teacher, the teacher shall have the right to proceed
first with the striking. 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
officers named on the list and notify the State Board of
Education of such rejection. Within 3 business days after

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receiving this notification, the State Board of Education
shall appoint a qualified person from the master list who
did not appear on the list sent to the parties to serve as
the hearing officer, unless the parties notify it that
they have chosen to alternatively select a hearing officer
under paragraph (4) of this subsection (d).
If the teacher has requested a hearing before a
hearing officer selected by the board, the board shall
select one name from the master list of qualified
impartial hearing officers maintained by the State Board
of Education within 3 business days after receipt and
shall notify the State Board of Education of its
selection.
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
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 hearing convened during a public health emergency
pursuant to Section 7 of the Illinois Emergency Management

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Agency Act may be convened remotely. Any hearing officer
for a hearing convened during a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act may voluntarily withdraw from the hearing and
another hearing officer shall be selected or appointed
pursuant to this Section.
In this paragraph, "pre-hearing procedures" refers to
the pre-hearing procedures under Section 51.55 of Title 23
of the Illinois Administrative Code and "hearing" refers
to the hearing under Section 51.60 of Title 23 of the
Illinois Administrative Code. 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
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 the effective date of this amendatory Act of the
102nd General Assembly. Any teacher charged with engaging
in acts of corporal punishment, physical abuse, grooming,
or sexual misconduct on or after the effective date of

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this amendatory Act of the 102nd General Assembly may not
pause pre-hearing procedures or a hearing.
(4) In the alternative to selecting a hearing officer
from the list received from the State Board of Education
or accepting the appointment of a hearing officer by the
State Board of Education or if the State Board of
Education cannot provide a list or appoint a hearing
officer that meets the foregoing requirements, the board
and the teacher or their legal representatives may
mutually agree to select an impartial hearing officer who
is not on the master list either by direct appointment by
the parties or by using procedures for the appointment of
an arbitrator established by the Federal Mediation and
Conciliation Service or the American Arbitration
Association. 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
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.
(5) If the notice of dismissal was sent to the teacher
before July 1, 2012, the fees and costs for the hearing
officer must be paid by the State Board of Education. If

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the notice of dismissal was sent to the teacher on or after
July 1, 2012, the hearing officer's fees and costs must be
paid as follows in this paragraph (5). The fees and
permissible costs for the hearing officer must be
determined by the State Board of Education. If the board
and the teacher or their legal representatives mutually
agree to select an impartial hearing officer who is not on
a list received from the State Board of Education, they
may agree to supplement the fees determined by the State
Board to the hearing officer, at a rate consistent with
the hearing officer's published professional fees. If the
hearing officer is mutually selected by the parties, then
the board and the teacher or their legal representatives
shall each pay 50% of the fees and costs and any
supplemental allowance to which they agree. If the hearing
officer is selected by the board, then the board shall pay
100% of the hearing officer's fees and costs. The fees and
costs must be paid to the hearing officer within 14 days
after the board and the teacher or their legal
representatives receive the hearing officer's decision set
forth in paragraph (7) of this subsection (d).
(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
for updating such answer and defenses after pre-hearing
discovery must be set by the hearing officer. The State

HB3592 Enrolled - 24 - LRB103 29766 RJT 56172 b
Board of Education shall promulgate rules so that each
party has a fair opportunity to present its case and to
ensure that the dismissal process proceeds in a fair and
expeditious manner. These rules shall address, without
limitation, discovery and hearing scheduling conferences;
the teacher's initial answer and affirmative defenses to
the bill of particulars and the updating of that
information after pre-hearing discovery; provision for
written interrogatories and requests for production of
documents; 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
those offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each
party to be represented by counsel, the offer of evidence

HB3592 Enrolled - 25 - LRB103 29766 RJT 56172 b
and witnesses and the cross-examination of witnesses; the
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed on
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of
hearing officers' decisions. The hearing officer shall
hold a hearing and render a final decision for dismissal
pursuant to Article 24A of this Code or shall report to the
school board findings of fact and a recommendation as to
whether or not the teacher must be dismissed for conduct.
The hearing officer shall commence the hearing within 75
days and conclude the hearing within 120 days after being
selected as the hearing officer, provided that the hearing
officer may modify these timelines upon the showing of
good cause or mutual agreement of the parties. 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
hearing officer, or an essential witness as indicated in
each party's pre-hearing submission. 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
provided under paragraph (6.5) of this subsection. The
hearing officer shall consider and give weight to all of

HB3592 Enrolled - 26 - LRB103 29766 RJT 56172 b
the teacher's evaluations written pursuant to Article 24A
that are relevant to the issues in the hearing.
Each party shall have no more than 3 days to present
its case, unless extended by the hearing officer to enable
a party to present adequate evidence and testimony,
including due to the other party's cross-examination of
the party's witnesses, for good cause or by mutual
agreement of the parties. The State Board of Education
shall define in rules the meaning of "day" for such
purposes. All testimony at the hearing shall be taken
under oath administered by the hearing officer. The
hearing officer shall cause a record of the proceedings to
be kept and shall employ a competent reporter to take
stenographic or stenotype notes of all the testimony. 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. Either party desiring a transcript of the hearing
shall pay for the cost thereof. Any post-hearing briefs
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.
(6.5) In the case of charges involving any witness who
is or was at the time of the alleged conduct sexual abuse
or severe physical abuse of a student or a person under the

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age of 18, the hearing officer shall make accommodations
alternative hearing procedures to protect a witness who is
a student or who is under the age of 18 from being
intimidated, or traumatized, or re-traumatized. No alleged
victim or other witness who is or was at the time of the
alleged conduct a student or under the age of 18 may be
compelled to testify in the physical or visual presence of
a teacher or other witness. If such a witness invokes this
right, then the hearing officer must provide an
accommodation consistent with the invoked right and use a
procedure by which each party may hear such witness'
testimony. Accommodations Alternative hearing procedures
may include, but are not limited to: (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,
or (iii) non-public testimony, (iv) testimony made via
videoconference with the cameras and 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. With all accommodations, the hearing officer shall

HB3592 Enrolled - 28 - LRB103 29766 RJT 56172 b
give such testimony the same consideration as if the
witness testified without the accommodation. The teacher
may not directly, or through a representative, question a
witness called by the school board who is or was a student
or under 18 years of age at the time of the alleged
conduct. The hearing officer must permit the teacher to
submit all relevant questions and follow-up questions for
such a witness to have the questions posed by the hearing
officer. During a testimony described under this
subsection, each party must be permitted to ask a witness
who is a student or who is under 18 years of age all
relevant questions and follow-up questions. All questions
must exclude evidence of the witness' sexual behavior or
predisposition, unless the evidence is offered to prove
that someone other than the teacher subject to the
dismissal hearing engaged in the charge at issue.
(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
the teacher and the school board. If a hearing officer
fails without good cause, specifically provided in writing

HB3592 Enrolled - 29 - LRB103 29766 RJT 56172 b
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 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 or if any hearing officer fails to make an
accommodation as described in paragraph (6.5), 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. The parties and the State Board of
Education may also take such other actions as it deems
appropriate, including recovering, reducing, or
withholding any fees paid or to be paid to the hearing
officer. 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 the alternative selection

HB3592 Enrolled - 30 - LRB103 29766 RJT 56172 b
process under this paragraph (7) or paragraph (4) of this
subsection (d). The board shall not lose jurisdiction to
discharge a teacher if the hearing officer fails to render
a decision or findings of fact and recommendation within
the time specified in this Section. If the decision of the
hearing officer for dismissal pursuant to Article 24A of
this Code or of the school board for dismissal for cause is
in favor of the teacher, then the hearing officer or
school board shall order reinstatement to the same or
substantially equivalent position and shall determine the
amount for which the school board is liable, including,
but not limited to, loss of income and benefits.
(8) The school board, within 45 days after receipt of
the hearing officer's findings of fact and recommendation
as to whether (i) the conduct at issue occurred, (ii) the
conduct that did occur was remediable, and (iii) the
proposed dismissal should be sustained, shall issue a
written order as to whether the teacher must be retained
or dismissed for cause from its employ. The school board's
written order shall incorporate the hearing officer's
findings of fact, except that the school board may modify
or supplement the findings of fact if, in its opinion, the
findings of fact are against the manifest weight of the
evidence.
If the school board dismisses the teacher
notwithstanding the hearing officer's findings of fact and

HB3592 Enrolled - 31 - LRB103 29766 RJT 56172 b
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 failure of the school board to strictly
adhere to the timelines contained in this Section shall
not render it without jurisdiction to dismiss the teacher.
The school board shall not lose jurisdiction to discharge
the teacher for cause if the hearing officer fails to
render a recommendation within the time specified in this
Section. The decision of the school board is final, unless
reviewed as provided in paragraph (9) of this subsection
(d).
If the school board retains the teacher, the school
board shall enter a written order stating the amount of
back pay and lost benefits, less mitigation, to be paid to
the teacher, within 45 days after its retention order.
Should the teacher object to the amount of the back pay and
lost benefits or amount mitigated, the teacher shall give
written objections to the amount within 21 days. If the
parties fail to reach resolution within 7 days, the
dispute shall be referred to the hearing officer, who
shall consider the school board's written order and
teacher's written objection and determine the amount to
which the school board is liable. The costs of the hearing
officer's review and determination must be paid by the
board.

HB3592 Enrolled - 32 - LRB103 29766 RJT 56172 b
(9) The decision of the hearing officer pursuant to
Article 24A of this Code or of the school board's decision
to dismiss for cause is final unless reviewed as provided
in Section 24-16 of this Code. If the school board's
decision to dismiss for cause is contrary to the hearing
officer's recommendation, the court on review shall give
consideration to the school board's decision and its
supplemental findings of fact, if applicable, and the
hearing officer's findings of fact and recommendation in
making its decision. In the event such review is
instituted, the school board shall be responsible for
preparing and filing the record of proceedings, and such
costs associated therewith must be divided equally between
the parties.
(10) If a decision of the hearing officer for
dismissal pursuant to Article 24A of this Code or of the
school board for dismissal for cause is adjudicated upon
review or appeal in favor of the teacher, then the trial
court shall order reinstatement and shall remand the
matter to the school board with direction for entry of an
order setting the amount of back pay, lost benefits, and
costs, less mitigation. 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.

HB3592 Enrolled - 33 - LRB103 29766 RJT 56172 b
Any teacher who is reinstated by any hearing or
adjudication brought under this Section shall be assigned
by the board to a position substantially similar to the
one which that teacher held prior to that teacher's
suspension or dismissal.
(11) Subject to any later effective date referenced in
this Section for a specific aspect of the dismissal
process, the changes made by Public Act 97-8 shall apply
to dismissals instituted on or after September 1, 2011.
Any dismissal instituted prior to September 1, 2011 must
be carried out in accordance with the requirements of this
Section prior to amendment by Public Act 97-8.
(e) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 101-81, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-708, eff. 4-22-22.)
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing;
suspension.
(a) No teacher employed by the board of education shall
(after serving the probationary period specified in Section
34-84) be removed except for cause. Teachers (who have

HB3592 Enrolled - 34 - LRB103 29766 RJT 56172 b
completed the probationary period specified in Section 34-84
of this Code) shall be removed for cause in accordance with the
procedures set forth in this Section or, at the board's
option, the procedures set forth in Section 24-16.5 of this
Code or such other procedures established in an agreement
entered into between the board and the exclusive
representative of the district's teachers under Section 34-85c
of this Code for teachers (who have completed the probationary
period specified in Section 34-84 of this Code) assigned to
schools identified in that agreement. No principal employed by
the board of education shall be removed during the term of his
or her performance contract except for cause, which may
include but is not limited to the principal's repeated failure
to implement the school improvement plan or to comply with the
provisions of the Uniform Performance Contract, including
additional criteria established by the Council for inclusion
in the performance contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes
that may be deemed to be remediable, the teacher or principal
must be given reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if the
causes have been the subject of a remediation plan pursuant to
Article 24A of this Code or if the board and the exclusive
representative of the district's teachers have entered into an
agreement pursuant to Section 34-85c of this Code, pursuant to

HB3592 Enrolled - 35 - LRB103 29766 RJT 56172 b
an alternative system of remediation. No written warning shall
be required for conduct on the part of a teacher or principal
that is cruel, immoral, negligent, or criminal or that in any
way causes psychological or physical harm or injury to a
student, as that conduct is deemed to be irremediable. No
written warning shall be required for a material breach of the
uniform principal performance contract, as that conduct is
deemed to be irremediable; provided that not less than 30 days
before the vote of the local school council to seek the
dismissal of a principal for a material breach of a uniform
principal performance contract, the local school council shall
specify the nature of the alleged breach in writing and
provide a copy of it to the principal.
(1) To initiate dismissal proceedings against a
teacher or principal, the general superintendent must
first approve written charges and specifications against
the teacher or principal. A local school council may
direct the general superintendent to approve written
charges against its principal on behalf of the Council
upon the vote of 7 members of the Council. The general
superintendent must approve those charges within 45
calendar days or provide a written reason for not
approving those charges. A written notice of those
charges, including specifications, shall be served upon
the teacher or principal within 10 business days of the
approval of the charges. Any written notice sent on or

HB3592 Enrolled - 36 - LRB103 29766 RJT 56172 b
after July 1, 2012 shall also inform the teacher or
principal 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 or
principal and the board, or a hearing before a qualified
hearing officer chosen by the general superintendent, with
the cost of the hearing officer paid by the board. If the
teacher or principal cannot be found upon diligent
inquiry, such charges may be served upon him by mailing a
copy thereof in a sealed envelope by prepaid certified
mail, return receipt requested, to the teacher's or
principal's last known address. A return receipt showing
delivery to such address within 20 calendar days after the
date of the approval of the charges shall constitute proof
of service.
(2) No hearing upon the charges is required unless the
teacher or principal within 17 calendar days after
receiving notice requests in writing of the general
superintendent that a hearing be scheduled. Pending the
hearing of the charges, the general superintendent or his
or her designee may suspend the teacher or principal
charged without pay in accordance with rules prescribed by
the board, provided that if the teacher or principal
charged is not dismissed based on the charges, he or she
must be made whole for lost earnings, less setoffs for
mitigation.

HB3592 Enrolled - 37 - LRB103 29766 RJT 56172 b
(3) The board shall maintain a list of at least 9
qualified hearing officers who will conduct hearings on
charges and specifications. The list must be developed in
good faith consultation with the exclusive representative
of the board's teachers and professional associations that
represent the board's principals. The list may be revised
on July 1st of each year or earlier as needed. To be a
qualified hearing officer, the person must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience as an arbitrator in
cases involving labor and employment relations matters
between employers and employees or their exclusive
bargaining representatives and (ii) beginning September 1,
2012, have participated in training provided or approved
by the State Board of Education for teacher dismissal
hearing officers so that he or she is familiar with issues
generally involved in evaluative and non-evaluative
dismissals.
Within 5 business days after receiving the notice of
request for a hearing, the general superintendent and the
teacher or principal or their legal representatives shall
alternately strike one name from the list until only one
name remains. Unless waived by the teacher, the teacher or
principal shall have the right to proceed first with the
striking. If the teacher or principal fails to participate
in the striking process, the general superintendent shall

HB3592 Enrolled - 38 - LRB103 29766 RJT 56172 b
either select the hearing officer from the list developed
pursuant to this paragraph (3) or select another qualified
hearing officer from the master list maintained by the
State Board of Education pursuant to subsection (c) of
Section 24-12 of this Code.
(4) If the notice of dismissal was sent to the teacher
or principal before July 1, 2012, the fees and costs for
the hearing officer shall be paid by the State Board of
Education. If the notice of dismissal was sent to the
teacher or principal on or after July 1, 2012, the hearing
officer's fees and costs must be paid as follows in this
paragraph (4). The fees and permissible costs for the
hearing officer shall be determined by the State Board of
Education. If the hearing officer is mutually selected by
the parties through alternate striking in accordance with
paragraph (3) of this subsection (a), then the board and
the teacher or their legal representative shall each pay
50% of the fees and costs and any supplemental allowance
to which they agree. If the hearing officer is selected by
the general superintendent without the participation of
the teacher or principal, then the board shall pay 100% of
the hearing officer fees and costs. The hearing officer
shall submit for payment a billing statement to the
parties that itemizes the charges and expenses and divides
them in accordance with this Section.
(5) The teacher or the principal charged is required

HB3592 Enrolled - 39 - LRB103 29766 RJT 56172 b
to answer the charges and specifications and aver
affirmative matters in his or her defense, and the time
for doing so must be set by the hearing officer. The State
Board of Education shall adopt rules so that each party
has a fair opportunity to present its case and to ensure
that the dismissal proceeding is concluded in an
expeditious manner. The rules shall address, without
limitation, the teacher or principal's answer and
affirmative defenses to the charges and specifications; a
requirement that each party make mandatory disclosures
without request to the other party and then update the
disclosure no later than 10 calendar days prior to the
commencement of the hearing, including a list of 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 those
offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each

HB3592 Enrolled - 40 - LRB103 29766 RJT 56172 b
party to be represented by counsel, the offer of evidence
and witnesses and the cross-examination of witnesses; the
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed in
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of
hearing officers' reports and recommendations to the
general superintendent.
The hearing officer shall commence the hearing within
75 calendar days and conclude the hearing within 120
calendar days after being selected by the parties as the
hearing officer, provided that these timelines may be
modified upon the showing of good cause or mutual
agreement of the parties. Good cause for the purposes of
this paragraph (5) shall mean the illness or otherwise
unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing in
which a witness is a student or is under the age of 18, the
hearing officer must make accommodations for the witness,
as provided under paragraph (5.5) of this subsection. 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. Except as

HB3592 Enrolled - 41 - LRB103 29766 RJT 56172 b
otherwise provided under paragraph (5.5) of this
subsection, the teacher or principal has the privilege of
being present at the hearing with counsel and of
cross-examining witnesses and may offer evidence and
witnesses and present defenses to the charges. Each party
shall have no more than 3 days to present its case, unless
extended by the hearing officer to enable a party to
present adequate evidence and testimony, including due to
the other party's cross-examination of the party's
witnesses, for good cause or by mutual agreement of the
parties. The State Board of Education shall define in
rules the meaning of "day" for such purposes. All
testimony at the hearing shall be taken under oath
administered by the hearing officer. The hearing officer
shall cause a record of the proceedings to be kept and
shall employ a competent reporter to take stenographic or
stenotype notes of all the testimony. The costs of the
reporter's attendance and services at the hearing shall be
paid by the party or parties who are paying the fees and
costs of the hearing officer. Either party desiring a
transcript of the hearing shall pay for the cost thereof.
At the close of the hearing, the hearing officer shall
direct the parties to submit post-hearing briefs no later
than 21 calendar days after receipt of the transcript.
Either or both parties may waive submission of briefs.
(5.5) In the case of charges involving any witness who

HB3592 Enrolled - 42 - LRB103 29766 RJT 56172 b
is or was at the time of the alleged conduct sexual abuse
or severe physical abuse of a student or a person under the
age of 18, the hearing officer shall make accommodations
alternative hearing procedures to protect a witness who is
a student or who is under the age of 18 from being
intimidated, or traumatized, or re-traumatized. No alleged
victim or other witness who is or was at the time of the
alleged conduct a student or under the age of 18 may be
compelled to testify in the physical or visual presence of
a teacher or other witness. If such a witness invokes this
right, then the hearing officer must provide an
accommodation consistent with the invoked right and use a
procedure by which each party may hear such witness'
testimony. Accommodations Alternative hearing procedures
may include, but are not limited to: (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 or principal 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 or principal and accessible to the teacher via a
telecommunication device, or (iii) non-public testimony,
(iv) testimony made via videoconference with the cameras
and microphones of the teacher turned off, or (v)
pre-recorded testimony, including, but not limited to, a

HB3592 Enrolled - 43 - LRB103 29766 RJT 56172 b
recording of a forensic interview conducted at an
accredited Children's Advocacy Center. With all
accommodations, the hearing officer shall give such
testimony the same consideration as if the witness
testified without the accommodation. The teacher may not
directly, or through a representative, question a witness
called by the school board who is or was a student or under
18 years of age at the time of the alleged conduct. The
hearing officer must permit the teacher to submit all
relevant questions and follow-up questions for such a
witness to have the questions posed by the hearing
officer. During a testimony described under this
subsection, each party must be permitted to ask a witness
who is a student or who is under 18 years of age all
relevant questions and follow-up questions. All questions
must exclude evidence of the witness' sexual behavior or
predisposition, unless the evidence is offered to prove
that someone other than the teacher subject to the
dismissal hearing engaged in the charge at issue.
(6) The hearing officer shall within 30 calendar days
from the conclusion of the hearing report to the general
superintendent findings of fact and a recommendation as to
whether or not the teacher or principal shall be dismissed
and shall give a copy of the report to both the teacher or
principal and the general superintendent. The State Board
of Education shall provide by rule the form of the hearing

HB3592 Enrolled - 44 - LRB103 29766 RJT 56172 b
officer's report and recommendation.
(6.5) If any hearing officer fails without good cause,
specifically provided in writing to both parties and the
State Board of Education, to render findings of fact and
recommendation within 90 days after the closing of the
record and receipt of post-hearing briefs, or if any
hearing officer fails to make an accommodation pursuant to
paragraph (5.5) of this subsection (a), the hearing
officer shall be removed from the list of hearing officers
developed pursuant to paragraph (3) of this subsection (a)
and the master list of qualified hearing officers
maintained by the State Board of Education for not more
than 24 months. The parties and the State Board of
Education may also take such other actions as it deems
appropriate, including recovering, reducing, or
withholding any fees paid or to be paid to the hearing
officer. If any hearing officer repeats such failure, he
or she must be permanently removed from the list of
hearing officers developed described in paragraph (3) and
the master list maintained by the State Board of Education
and may not be selected by parties. The board shall not
lose jurisdiction to discharge a teacher or principal if
the hearing officer fails to render findings of fact and
recommendation within the time specified in this Section.
(7) The board, within 45 days of receipt of the
hearing officer's findings of fact and recommendation,

HB3592 Enrolled - 45 - LRB103 29766 RJT 56172 b
shall make a decision as to whether the teacher or
principal shall be dismissed from its employ. The failure
of the board to strictly adhere to the timeliness
contained herein shall not render it without jurisdiction
to dismiss the teacher or principal. In the event that the
board declines to dismiss the teacher or principal after
review of a hearing officer's recommendation, the board
shall set the amount of back pay and benefits to award the
teacher or principal, which shall include offsets for
interim earnings and failure to mitigate losses. The board
shall establish procedures for the teacher's or
principal's submission of evidence to it regarding lost
earnings, lost benefits, mitigation, and offsets. The
decision of the board is final unless reviewed in
accordance with paragraph (8) of this subsection (a).
(8) The teacher may seek judicial review of the
board's decision in accordance with the Administrative
Review Law, which is specifically incorporated in this
Section, except that the review must be initiated in the
Illinois Appellate Court for the First District. In the
event judicial review is instituted, any costs of
preparing and filing the record of proceedings shall be
paid by the party instituting the review. In the event the
appellate court reverses a board decision to dismiss a
teacher or principal and directs the board to pay the
teacher or the principal back pay and benefits, the

HB3592 Enrolled - 46 - LRB103 29766 RJT 56172 b
appellate court shall remand the matter to the board to
issue an administrative decision as to the amount of back
pay and benefits, which shall include a calculation of the
lost earnings, lost benefits, mitigation, and offsets
based on evidence submitted to the board in accordance
with procedures established by the board.
(9) Any hearing convened during a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act may be convened remotely. Any
hearing officer for a hearing convened during a public
health emergency pursuant to Section 7 of the Illinois
Emergency Management Agency Act may voluntarily withdraw
from the hearing and another hearing officer shall be
selected or appointed pursuant to this Section.
In this paragraph, "pre-hearing procedures" refers to
the pre-hearing procedures under Section 51.55 of Title 23
of the Illinois Administrative Code and "hearing" refers
to the hearing under Section 51.60 of Title 23 of the
Illinois Administrative Code. Any teacher or principal 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 paragraphs (3)
through (5) of this subsection (a), unless the timeframes

HB3592 Enrolled - 47 - LRB103 29766 RJT 56172 b
are mutually waived in writing by both 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 the
effective date of this amendatory Act of the 102nd General
Assembly. Any teacher or principal charged with engaging
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.
(b) Nothing in this Section affects the validity of
removal for cause hearings commenced prior to June 13, 2011
(the effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011 or the
effective date of Public Act 97-8, whichever is later. Any
dismissal instituted prior to the effective date of these
changes must be carried out in accordance with the
requirements of this Section prior to amendment by Public Act
97-8.
(Source: P.A. 101-531, eff. 8-23-19; 101-643, eff. 6-18-20;
102-708, eff. 4-22-22.)