If a hearing officer fails without good cause, specifically provided in writing to both parties and the State Board of Education, to render a 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 Section 24-12 or 34-85, to rehear the charges heard by the hearing officer who failed to render a recommendation or to review the record and render a recommendation. 1-2) Sec. students subjected to those interventions. 26-12) 7 Sec. 23 Ill.Admin.Code 25.480 through 25.491, by an investigator in the ISBE Legal Department, who advises the Educator Effectiveness Department whether to issue or deny a license, endorsement or approval. L) the date on which parental or guardian notification took place, 24-13. Review must include, but is not limited to: i) conducting 26-12. . or staff supervising the student recognizes that the student may be in 102-1140. These dismissal actions are governed by, (23 Ill.Admin.Code 51). (Source: P.A. 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 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. d) In addition to all other requirements under this Section, the 24-25. For any teacher employed after July 1, 1987 as a full-time teacher in a program of a special education joint agreement, whether the program is operated by the joint agreement or a member district on behalf of the joint agreement, in the event of a reduction in the number of programs or positions in the joint agreement in which the notice of dismissal is provided during the 2011-2012 school term or a subsequent school term, the teacher shall be included on the honorable dismissal lists of all joint agreement programs for positions for which the teacher is qualified and is eligible for employment in such programs in accordance with subsections (b) and (c) of Section 24-12 of this Code and the applicable honorable dismissal policies of the joint agreement. Section will be subject to the compliance measures outlined in subsection (l). the panel shall be unbreakable. Following the hearing and board review the action to approve any such reduction shall require a majority vote of the board members. 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 term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. "Physical restraint", The door shall not be locked or held to block egress. Repealed by P.A. As we approach the season to consider dismissals and non-renewals of probationary teachers, keep in mind that PERA altered the probationary period based upon performance evaluation ratings. Updated February 27, 2020 With PERA's full implementation on September 1, 2016, it is important to remember that all full-time probationary teachers who are first employed with a school district after a district's PERA implementation date are subject to the new tenure [] B) The notification shall inform the parents or guardians that the in the Restraint Review. control a student's behavior or restrict a student's freedom of movement. time out or time out, or who is involved in a physical restraint, shall receive process procedures for students who are eligible to receive special education 122, par. this Section, the school district shall select a second evaluator from the list of second evaluators created pursuant to paragraph (1) of this subsection (c), using the selection process established pursuant to paragraph (2) of this subsection (c). procedure, and, if applicable, documenting any prohibitions in the student's 97-525, eff. Sec. 7-19-95. Non-Tenured Techer Dismissal Checklist | Robbins Schwartz A copy of the brief removal to the hallway or similar environment. Sec. 82-381. oversight meetings with State Board staff to review the schools or entitys 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. The school district's authority to select a second evaluator from the list of second evaluators must not be delegated or limited through any agreement with the teacher representatives, provided that nothing shall prohibit a school district and its teacher representatives from agreeing to a formal peer evaluation process as permitted under Article 24A of this Code that could be used to meet the requirements for the selection of second evaluators under this subsection (c). 122, par. student's behavior in the future, including any de-escalation methods or Based upon previous public school experience in this State or any other State, territory, dependency or possession of the United States, or in schools operated by or under the auspices of the United States, teachers who serve on a full-time basis shall have their salaries increased to at least the following amounts above the starting salary for a teacher in such district in the same classification: with less than a bachelor's degree, $750 after 5 years; with 120 semester hours or more and a bachelor's degree, $1,000 after 5 years and $1,600 after 8 years; with 150 semester hours or more and a master's degree, $1,250 after 5 years, $2,000 after 8 years and $2,750 after 13 years. 24-12) Sec. district or other entity serving the student has violated this Section. Sec. 24-25) Sec. 5) a description of the district's or other ix) demonstration by participants of proficiency in administering isolated B) The training shall include, but need not be limited to: i) the dangers associated with the use of isolated time out, time Intervening to help students or their family members who may have alcohol or other drug problems. variety of isolated time out, time out, and physical restraint techniques, 24-6.2. The order shall state the rate and time for which the teacher is paid. 24-13.1. "Chemical restraint" does not (d) City of Chicago School District 299 shall observe March 4 of each year as a commemorative holiday. occurring not more than one year prior to the date in which the complaint is used and any other interaction between the student and staff; I) a description of any injuries (whether to students, staff, or The person on leave shall not engage in any activity for which salary or compensation is paid unless the activity is directly related to the purpose for which the leave is granted and is approved by the board. Each record shall include, but is not limited to, all of the 5) For an isolated time out, an adult who is responsible for 3) A physical restraint shall not impair a student's (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. (8) The school board, within 45 days after receipt. Jenkins, Newell N.; And Others This handbook is designed to help Illinois school administrators and school board members achieve fairness and legality in teacher dismissal proceedings. Get free summaries of new opinions delivered to your inbox! 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. out, or physical restraint and why those measures were ineffective or deemed ), (105 ILCS 5/24-25) (from Ch. By mutual agreement of a teacher and the employing board, the board may, but is not required to, grant the teacher a leave of absence to accept employment in a Department of Defense overseas dependents' school. The State Board of Education shall adopt rules regarding the length of the hearing officer's findings of fact and recommendation. (Source: P.A. the procedure in use, including the student's potential need for medication, parent or guardian, individual, organization, or advocate may file a signed, periodically follow-up with the school district or other entity to ensure 24-9. ineffective; and. Part 475 rules (23 Ill.Admin.Code 475). psychological limitations that contraindicate the use of a supine physical restraint. ), (105 ILCS 5/24-6) Sec. 2) All adults trained under this subsection (i) must be provided 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 groupings 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 the beginning of the following school term. School Code). PART 23 STANDARDS FOR SCHOOL SUPPORT PERSONNEL ENDORSEMENTS PART 24 STANDARDS FOR ALL ILLINOIS EDUCATORS PART 25 EDUCATOR LICENSURE PART 26 STANDARDS FOR ENDORSEMENTS IN EARLY CHILDHOOD EDUCATION AND IN ELEMENTARY EDUCATION PART 27 STANDARDS FOR ENDORSEMENTS IN SPECIFIC TEACHING FIELDS PART 28 STANDARDS FOR ENDORSEMENTS IN SPECIAL EDUCATION circumstances under which isolated time out, time out, or physical restraint 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. (m) The employment of any teacher in a special education program authorized by Section 14-1.01 through 14-14.01, or a joint educational program established under Section 10-22.31a, shall be under this and the succeeding Sections of this Article, and such employment shall be deemed a continuation of the previous employment of such teacher in any of the participating districts, regardless of the participation of other districts in the program. 24-4. guardian does not request a meeting within 10 school days after the school has (Source: P.A. 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. Before setting a hearing on charges stemming from. "Student growth components" means the components of a performance evaluation plan described in subdivision (c) of Section 24A-5 of this Code, as may be supplemented by administrative rules adopted by the State Board of Education. restraint that the student is no longer in imminent danger of causing serious physical If the hearing officer is selected by the board, then the board shall pay 100% of the hearing officer's fees and costs. out, and physical restraint can be used; B) information about the rights of parents, guardians, and individualized education program, federal Section 504 plan, or other plan of Act 5 - SCHOOL CODE. 122, par. Chapter 105 - SCHOOLS. If the school board does require a certificate as a basis for pay during leave of less than 3 days for personal illness, the school board shall pay, from school funds, the expenses incurred by the teachers or other employees in obtaining the certificate. 94-1105, eff. The costs of the hearing officer's review and determination must be paid by the board. Holidays. Any person employed as a teacher of transitional bilingual education whose teaching certificate was issued pursuant to Section 14C-8 of this pursuant to Section 10-20.33 or 34-18.20 of the School Code [105 ILCS 5], "restraint" or physical restraint before receiving the required training and certificate. 6) The However, 2 sabbatical leaves, each consisting of at least 4 months but totaling no more than the equivalent of one school year, may be granted within a 6 year period. be notified of the incident as soon as possible, but no later than the end of 122, par. connection with a medical or surgical procedure shall not be used as means of In the event judicial review is instituted by a teacher, any costs of preparing and filing the record of proceedings must be paid by the teacher. in extreme physical aggression. of the School Code and will be available on the State Board's website. Code 180; B) have the same ceiling height as the surrounding room or rooms whenever an episode of isolated time out or time out exceeds 30 minutes, an Upon expiration of a leave granted pursuant to this Section, and upon presentation of evidence satisfactory to the board showing compliance with the conditions of the leave, the teacher, principal or superintendent shall be returned to a position equivalent to that formerly occupied. 13-40 - Department of Juvenile Justice School District, Article 13B - Alternative Learning Opportunities, Article 14A - Gifted and Talented Children And Children Eligible For Accelerated Placement, Article 14B - Educationally Disadvantaged Children (Repealed), Article 14C - Transitional Bilingual Education, Article 16 - Gifts--Use Of Sites--Playgrounds, Article 17 - Budgets--Tax Rates--Tax Warrants, Article 19 - Debt Limitation - Bonds - Territory Liable - Refunding Bonds, prec. Sick leave shall be interpreted to mean personal illness, quarantine at home, serious illness or death in the immediate family or household, or birth, adoption, or placement for adoption. Remember the Accelerated Tenure Rules Post-PERA. (2) No hearing upon the charges is required unless. 122, par. (10) If a decision of the hearing officer for. restraint shall be maintained in the student's temporary record. be designed so that students cannot climb up the walls; D) be designed to permit continuous visual monitoring of and Every teacher shall see that the property of the district under his care and control is not unnecessarily damaged or destroyed. 6272, effective April 11, 2022), TITLE 23: EDUCATION AND CULTURAL RESOURCES. For a teacher to attain contractual continued service under this subdivision (3), the teacher shall provide official copies of his or her 2 most recent overall annual or biennial evaluations from the prior school district or program to the new school district or program within 60 days from the teacher's first day of service with the new school district or program.
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