There is a newer version of the Illinois Compiled Statutes
2005 Illinois 105 ILCS 5/ School Code. Article 24 - Employment Of Teachers--Tenure--Duties Of Teachers
(105 ILCS 5/24‑1) (from Ch. 122, par. 24‑1)
Sec. 24‑1.
Appointment‑Salaries‑Payment‑School month‑School term.)
School boards shall appoint all teachers, determine qualifications of
employment
and fix the amount of their
salaries subject to limitation set forth in this Act. They shall pay
the wages of teachers monthly, subject, however, to the provisions of
Section 24‑21. The school month shall be the same as the calendar month
but by resolution the school board may adopt for its use a month of 20
days, including holidays. The school term shall consist of at least the
minimum number of pupil attendance days required by Section 10‑19, any
additional legal school holidays, days of teachers' institutes, or
equivalent professional educational experiences, and one or two days at
the beginning of the school term when used as a teachers' workshop.
(Source: P.A. 80‑249.)
|
(105 ILCS 5/24‑1.1) (from Ch. 122, par. 24‑1.1)
Sec. 24‑1.1.
Employment of public school employees by nonpublic schools.
Employees of public schools may be employed on a part‑time or temporary
basis by private or parochial schools, providing that such employment is
in no way connected with or subsidized by their public school employment,
and provided further that such private or parochial employment does not
conflict or interfere with an employee's public school duties.
(Source: P.A. 80‑287.)
|
(105 ILCS 5/24‑2) (from Ch. 122, par. 24‑2)
Sec. 24‑2.
Holidays.
Teachers shall not be required
to teach on Saturdays; nor shall teachers or other school
employees, other than noncertificated school employees whose presence is
necessary because of an emergency or for the continued operation and
maintenance of school facilities or property, be
required to work on legal school
holidays, which are January 1, New Year's Day; the third Monday in
January, the Birthday of Dr. Martin Luther King, Jr.; February 12, the
Birthday of President Abraham Lincoln; the
first Monday in March (to be known as Casimir Pulaski's birthday); Good
Friday; the day designated as Memorial Day by federal law; July 4,
Independence Day; the first Monday in September, Labor Day; the second Monday
in October, Columbus Day; November 11, Veteran's Day; the Thursday in
November commonly called Thanksgiving Day; and December 25, Christmas Day.
School boards may grant special holidays whenever in their judgment such
action is advisable, except that no school board or board of education
may
designate or observe as a special holiday on which teachers or
other school
employees are not required to work the days on which general elections for
members of the Illinois House of Representatives are held. No deduction shall
be made from the time or
compensation of a school employee on account of any legal
or special holiday.
Commemorative holidays, which recognize specified patriotic, civic,
cultural or historical persons, activities, or events, are regular school
days. Commemorative
holidays are: January 28 (to be known as Christa McAuliffe Day and
observed as a commemoration of space exploration), February 15 (the
birthday of Susan B. Anthony), March 29 (Viet Nam War Veterans Day),
September 11 (September 11th Day of Remembrance), the school day
immediately preceding Veteran's Day (Korean War Veterans
Day), October 1 (Recycling Day), December 7 (Pearl Harbor Veterans Day) and
any day so appointed by the President or
Governor. School boards may establish commemorative holidays whenever in
their judgment such action is advisable.
School boards shall include instruction relative to commemorated persons,
activities, or
events on the commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction may be deemed
appropriate. The State Board of Education shall prepare and make available
to school boards instructional materials relative to commemorated persons,
activities,
or events which may be used by school boards in conjunction with any
instruction provided pursuant to this paragraph.
City of Chicago School District 299 shall observe March 4 of each year as
a commemorative holiday. This holiday shall be known as Mayors' Day which
shall be a day to commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late Mayor Richard
J. Daley and the late Mayor Harold Washington. If March 4 falls on a
Saturday or Sunday, Mayors' Day shall be observed on the following Monday.
(Source: P.A. 92‑704, eff. 7‑19‑02.)
|
(105 ILCS 5/24‑3) (from Ch. 122, par. 24‑3)
Sec. 24‑3.
Attendance at teachers' institute.
The days in any school year spent by a teacher during the term time
spent in attendance upon a teachers' institute or equivalent professional
educational experiences held under the direction of the county
superintendent of schools shall be considered time expended in the service
of the district and no deduction of wages shall be made for such
attendance. The board may make a pro‑rata deduction from the salary of
any teacher who fails or refuses to attend such institute.
The boards shall close the schools for county institute.
(Source: P.A. 85‑697.)
|
(105 ILCS 5/24‑4) (from Ch. 122, par. 24‑4)
Sec. 24‑4.
The color, race, sex, nationality, religion or religious affiliation
of any applicant seeking employment either as a superintendent, principal,
teacher or otherwise in the public elementary or high schools, shall not
be considered either a qualification or disqualification for any such employment.
Nor shall color, race, sex, nationality, religion or religious affiliation
be considered in assigning any person to an office or position or to any
school in the school system. If any member of a school board, superintendent,
principal or other school officer violates the foregoing provision or directly
or indirectly requires, asks or seeks information concerning the color,
race, sex, nationality, religion or religious affiliation of any person
in connection with his employment or assignment, or if any person, agency,
bureau, corporation or association employed or maintained to obtain or aid
in obtaining employment of the kind described, directly or indirectly requires,
asks, seeks, indicates or transmits orally or in writing information concerning
the color, race, sex, nationality, religion or religious affiliation of
an applicant for such employment, with the intent to influence such appointment,
he shall be liable to a penalty of not less than $100 nor more than $500,
to be recovered by the person aggrieved thereby in any court of competent
jurisdiction, and he shall be guilty of a Class B misdemeanor.
(Source: P.A. 81‑1509.)
|
(105 ILCS 5/24‑4.1) (from Ch. 122, par. 24‑4.1)
Sec. 24‑4.1.
Residence requirements.) Residency within any school district
shall not be considered in determining the employment or the compensation
of a teacher or whether to retain, promote, assign or transfer that teacher.
(Source: P.A. 82‑381.)
|
(105 ILCS 5/24‑6.1) (from Ch. 122, par. 24‑6.1)
Sec. 24‑6.1.
Sabbatical leave.
Every school board may grant a sabbatical leave of absence to a teacher,
principal or superintendent performing contractual continued service, for a
period of at least 4 school months but not in excess of one school term,
for resident study, research, travel or other purposes designed to improve
the school system. The grant of a sabbatical leave by a school board shall
constitute a finding that the leave is deemed to benefit the school system
by improving the quality and level of experience of the teaching force.
This leave may be granted after completion of at least 6 years of
satisfactory service as a full time teacher, principal or superintendent
and may again be granted after completion of a subsequent period of 6 years
of such service. 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. A leave granted for a period of one
school year or less
shall bar a further sabbatical leave until completion of 6 years additional
satisfactory service, except that 2 leaves which total no more than the
equivalent of one school year shall bar a further sabbatical leave only
until the completion of 6 years additional satisfactory service following
the completion of the first such leave. The leave shall be conditional
upon a plan for
resident study, research, travel or other activities proposed by the
applicant and deemed by the board to benefit the school system, which plan
shall be approved by the board and not thereafter modified without the
approval of the board.
Before a leave is granted pursuant to this Section, the applicant shall
agree in writing that if at the expiration of such leave he does not return
to and perform contractual continued service in the district for at least
one school year after his return, all sums of money received from the board
during his sabbatical leave will be refunded to the board unless such
return and performance is prevented by illness or incapacity.
During absence pursuant to such leave, such teacher, principal or
superintendent shall receive the same basic salary as if in actual service,
except that there may be deducted therefrom an amount equivalent to the
amount payable for substitute service. However, such salary after deduction
for substitute service shall in no case be less than the minimum provided
by Section 24‑‑8 of this Act or 1/2 of the basic salary, whichever is
greater. 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. A
sabbatical leave may be granted to enable the applicant, if otherwise
eligible, to accept scholarships for study or research. Unless justified by
illness or incapacity, failure of any person granted a leave under this
Section to devote the entire period to the purposes for which the leave was
granted shall constitute a cause for removal from teaching service.
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. The
contractual continued service status of the person on sabbatical leave
shall not be affected.
Absence during a leave granted pursuant to this Section shall not be
construed as a discontinuance of service for any purpose, including
progression on the salary schedule if one is in effect in the district. The
board shall pay the contribution to the Teachers' Retirement System
required of the person on leave computed on the annual full‑time salary
rate under which the member last received earnings immediately prior to the
leave or a proportionate part of such rate for a partial year of sabbatical
leave credit.
This Section in no way limits the power of the board to grant leaves for
other purposes.
(Source: P.A. 83‑186.)
|
(105 ILCS 5/24‑6.2) (from Ch. 122, par. 24‑6.2)
Sec. 24‑6.2.
Association president leave.
Each school board shall grant
paid leaves of absence to the local association president of a state teacher
association that is an exclusive bargaining agent in the district, or his
or her teacher designee, for the purpose of attending meetings, workshops
or seminars designated by the State Board of Education, the regional superintendent
of schools, the general superintendent of schools in a school district subject
to the provisions of Article 34, or the superintendent of schools in any
school district having a population of less than 500,000 inhabitants to
deal with issues arising
from the education reform legislation of the 84th General Assembly.
(Source: P.A. 84‑1401.)
|
(105 ILCS 5/24‑6.3) (from Ch. 122, par. 24‑6.3)
Sec. 24‑6.3.
Teacher retirement trustee leave.
Each school board
employing a teacher who is an elected trustee of the Teachers' Retirement
System of the State of Illinois shall make available to the elected trustee
at least 20 days of paid leave of absence per year for the purpose of
attending meetings of the System's Board of Trustees, committee meetings of
such Board, and seminars regarding issues for which such Board is
responsible. The Teachers' Retirement System of the State of Illinois shall
reimburse affected school districts for the actual cost of hiring a
substitute teacher during such leaves of absence.
(Source: P.A. 87‑646.)
|
(105 ILCS 5/24‑7) (from Ch. 122, par. 24‑7)
Sec. 24‑7.
Discrimination on account of sex.
In fixing salaries of certificated employees school boards shall make no
discrimination on account of sex.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑8) (from Ch. 122, par. 24‑8)
Sec. 24‑8.
Minimum salary.
In fixing the salaries of teachers, school boards shall pay those who
serve on a full‑time basis not less than a rate for the school year that
is based upon training completed in a recognized institution of higher
learning, as follows: for the school year beginning July 1, 1980 and
thereafter, less than a bachelor's degree, $9,000; 120 semester hours or
more and a bachelor's degree, $10,000; 150 semester hours or more and a
master's degree, $11,000.
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.
For the purpose of this Section a teacher's salary shall include any amount
paid by the school district on behalf of the teacher, as teacher contributions,
to the Teachers' Retirement System of the State of Illinois.
If a school board establishes a schedule for teachers' salaries based
on education and experience, not inconsistent with this Section, all certificated
nurses employed by that board shall be paid in accordance with the provisions
of such schedule.
For purposes of this Section, a teacher who submits a certificate of
completion to the school office prior to the first day of the school
term shall be considered to have the degree stated in such certificate.
(Source: P.A. 83‑913.)
|
(105 ILCS 5/24‑9) (from Ch. 122, par. 24‑9)
Sec. 24‑9.
Teachers duty free lunch period.
Every teacher in any school house where 2 or more teachers are employed
whose duties require attendance at the school for 4 or more clock hours in
any school day shall be entitled to and be allowed a duty free lunch period
equal to the regular local school lunch period but not less than 30 minutes
in each school day.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑11) (from Ch. 122, par. 24‑11)
Sec. 24‑11.
Boards of Education ‑ Boards of School Inspectors ‑
Contractual continued service. As used in this and the succeeding
Sections of this Article:
"Teacher" means any or all school district employees regularly required to be
certified under laws relating to the certification of teachers.
"Board" means board of directors, board of education, or board of school
inspectors, as the case may be.
"School term" means that portion of the school year, July 1 to the following
June 30, when school is in actual session.
This Section and Sections 24‑12 through 24‑16 of this Article apply only to
school districts having less than 500,000 inhabitants.
Any teacher who has been employed in any district as a full‑time teacher for
a probationary period of 2 consecutive school terms shall enter upon
contractual continued service unless given written notice of dismissal stating
the specific reason therefor, by certified mail, return receipt requested by
the employing board at least 45 days before the end of such
period; except that for a teacher who is first employed as a full‑time
teacher by a school district
on or after January 1, 1998 and who has not before that date already entered
upon
contractual continued service in that district, the probationary period shall
be 4 consecutive
school terms before the teacher shall enter upon contractual continued
service. For the purpose of determining contractual continued service,
the first probationary year shall be any full‑time employment
from a date before November 1 through
the end of the school year.
If, however, a teacher who was first employed prior to January 1, 1998
has not had one school term of full‑time teaching experience before the
beginning of a probationary period of 2 consecutive school terms, the employing
board may at its option extend the probationary period for one additional
school term by giving the teacher written notice by certified mail, return
receipt requested, at least 45 days before the end of the second school term of
the period of 2 consecutive school terms referred to above. This notice must
state the reasons for the one year extension and must outline the corrective
actions that the teacher must take to satisfactorily complete probation. The
changes made by this amendatory Act of 1998 are declaratory of existing law.
Any full‑time teacher who is not completing the last year
of the probationary
period described in the preceding paragraph, or any teacher employed on a
full‑time basis not later than January 1 of the school term, shall receive
written notice from the employing board at least 45 days before the
end of any school term whether or not he will be
re‑employed for the following school term. If the board fails to give
such notice, the employee shall be deemed reemployed, and not later than
the close of the then current school term the board shall issue a
regular contract to the employee as though the board had reemployed him
in the usual manner.
Contractual continued service shall continue in effect the terms and
provisions of the contract with the teacher during the last school term
of the probationary period, subject to this Act and the lawful
regulations of the employing board. This Section and succeeding Sections
do not modify any existing power of the board except with respect to the
procedure of the discharge of a teacher and reductions in salary as
hereinafter provided. Contractual continued service status shall not
restrict the power of the board to transfer a teacher to a position
which the teacher is qualified to fill or to make such salary
adjustments as it deems desirable, but unless reductions in salary are
uniform or based upon some reasonable classification, any teacher whose
salary is reduced shall be entitled to a notice and a hearing as
hereinafter provided in the case of certain dismissals or removals.
The employment of any teacher in a program of a special education joint
agreement established under Section 3‑15.14, 10‑22.31 or 10‑22.31a shall be
under this and succeeding Sections of this Article. For purposes of
attaining and maintaining contractual continued service and computing
length of continuing service as referred to in this Section and Section
24‑12, employment in a special educational joint program shall be deemed a
continuation of all previous certificated employment of such teacher for
such joint agreement whether the employer of the teacher was the joint
agreement, the regional superintendent, or one of the participating
districts in the joint agreement.
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, for a probationary period of two consecutive years shall enter
upon contractual continued service in all of the programs conducted by such
joint agreement which the teacher is legally qualified to hold; except that
for
a teacher who is first employed on or after January 1, 1998 in a program of a
special education joint agreement and who has not before that date already
entered upon contractual continued service in all of the programs conducted by
the joint agreement that the teacher is legally qualified to hold, the
probationary period shall be 4 consecutive years before the teacher enters upon
contractual continued service in all of those programs. In the
event of a reduction in the number of programs or positions in the joint
agreement, the teacher on contractual continued service shall be eligible
for employment in the joint agreement programs for which the teacher is
legally qualified in order of greater length of continuing service in the
joint agreement unless an alternative method of determining the sequence of
dismissal is established in a collective bargaining agreement. In the
event of the dissolution of a joint agreement, the teacher on contractual
continued service who is legally qualified shall be assigned to any
comparable position in a member district currently held by a teacher who
has not entered upon contractual continued service or held by a teacher who
has entered upon contractual continued service with shorter length of
contractual continued service.
The governing board of the joint agreement, or the administrative
district, if so authorized by the articles of agreement of the joint
agreement, rather than the board of education of a school district, may
carry out employment and termination actions including dismissals under
this Section and Section 24‑12.
For purposes of this and succeeding Sections of this Article, a program
of a special educational joint agreement shall be defined as instructional,
consultative, supervisory, administrative, diagnostic, and related services
which are managed by the special educational joint agreement designed to
service two or more districts which are members of the joint agreement.
Each joint agreement shall be required to post by February 1, a list of
all its employees in order of length of continuing service in the joint
agreement, unless an alternative method of determining a sequence of
dismissal is established in an applicable collective bargaining agreement.
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. Any teacher employed as a full‑time teacher in
a special education program prior to September 23, 1987 in which 2 or
more school districts
participate for a probationary period of 2 consecutive years shall enter
upon contractual continued service in each of the participating
districts, subject to this and the succeeding Sections of this Article,
and in the event of the termination of the program shall be eligible for
any vacant position in any of such districts for which such teacher is
qualified.
(Source: P.A. 90‑548, eff. 1‑1‑98; 90‑653, eff. 7‑29‑98.)
|
(105 ILCS 5/24‑12) (from Ch. 122, par. 24‑12)
Sec. 24‑12.
Removal or dismissal of teachers in contractual
continued service. 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 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 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.
If a dismissal or removal is sought for any other reason or cause,
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 shall be served upon the teacher
within 5 days of the adoption of the motion. Such notice shall contain a
bill of particulars. No hearing upon the charges is required unless the
teacher within 10 days after receiving notice requests in writing of the
board that a hearing be scheduled, in which case the board shall schedule a
hearing on those charges before a disinterested hearing officer on a date
no less than 15 nor more than 30 days after the enactment of the motion.
The secretary of the school board shall forward a copy of the notice to the
State Board of Education. Within 5 days after receiving this notice of
hearing, the State Board of Education shall provide a list of 5
prospective, impartial hearing officers. Each person on the list must 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 educational employers and educational employees or
their exclusive bargaining representatives. No one on the list may
be a resident of the school district. The Board and the teacher or their
legal representatives within 3 days shall alternately strike one name from
the list until only one name remains. Unless waived by the teacher, the
teacher shall have the right to
proceed first with the striking.
Within 3 days of receipt of the first 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 first
list and to require the State Board of Education to provide a second list of 5
prospective, impartial hearing officers, none of whom were named on the first
list. Within 5 days after receiving this request for a second list, the State
Board of Education shall provide the second list of 5 prospective, impartial
hearing officers. The procedure for selecting a hearing officer from the
second
list shall be the same as the procedure for the first list. In the alternative
to selecting a hearing officer from the first or second list received from the
State Board of Education, the board and the teacher or their legal
representatives may mutually agree to select an impartial hearing officer who
is not on a list received from the State Board of Education 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 days of receipt of a list of prospective hearing officers
provided by the State Board of Education. Any person selected by the parties
under this alternative procedure for the selection of a hearing officer shall
not be a resident of the school district and shall have the same qualifications
and authority as a hearing officer selected from a list provided by the State
Board of Education.
The State Board of Education shall
promulgate uniform standards and rules of procedure for such hearings. As
to prehearing discovery, such rules and regulations shall, at a minimum, allow
for: (1) discovery of names and addresses of persons who may be called as
expert witnesses at the hearing, the omission of any such name to result in
a preclusion of the testimony of such witness in the absence of a showing
of good cause and the express permission of the hearing officer; (2) bills
of particulars; (3) written interrogatories; and (4) production of relevant
documents. The per diem allowance for the hearing officer shall be
determined and paid by
the State Board of Education. The hearing officer
shall hold a hearing and render a final decision. The teacher 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. The hearing officer may issue subpoenas and
subpoenas duces tecum requiring the attendance of witnesses and, at the
request of the teacher against whom a charge is made or the board, shall
issue such subpoenas, but the hearing officer may limit the number of
witnesses to be subpoenaed in behalf of the teacher or the board to not
more than 10. 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
State Board of Education. Either party desiring a transcript of the hearing
shall pay for the cost thereof. If in the opinion of the board
the interests of the school require it, the board may suspend the
teacher pending the hearing, but if acquitted the teacher shall not
suffer the loss of any salary by reason of the suspension.
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 which, if not removed, may
result in charges; however, no such written warning shall be required if
the causes have been the subject of a remediation plan pursuant to Article
24A. The hearing
officer shall consider and give weight to
all of the teacher's evaluations written pursuant to Article 24A.
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 and
shall give a copy of the decision to both the teacher and the school
board.
If the hearing officer fails to render a decision within 30 days, the State
Board of Education shall communicate with the hearing officer to determine the
date that the parties can reasonably expect to receive the decision. The State
Board of Education shall provide copies of all such communications to the
parties. In the event the hearing officer fails without good cause to make a
decision within the 30 day period, the name of such hearing officer shall be
struck for a period of not more than 24 months from the master list of hearing
officers maintained by the State Board of Education.
If a hearing officer fails
without good cause to render a decision within 3 months after the hearing is
concluded or the
record is closed, whichever is later,
the
State Board of Education shall provide the parties with a new list of
prospective, impartial hearing officers, with the same qualifications provided
herein, one of whom shall be selected, as provided in this Section, to review
the record and render a decision. 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.
If the hearing
officer fails without good cause to render a decision within 3 months after the
hearing is concluded or the record is closed, whichever is later, the hearing
officer shall be removed
from the master
list of hearing officers maintained by the State Board of Education.
The board shall not lose jurisdiction to discharge a teacher if the hearing
officer fails to render a decision within the time specified in this
Section.
The decision of the hearing officer is final unless reviewed as
provided in Section 24‑16 of this Act. In the event such review is
instituted, any costs of preparing and filing the record of proceedings
shall be paid by the board.
If a decision of the hearing officer is adjudicated upon review or
appeal in favor of the teacher, then the trial court shall order
reinstatement and shall determine the amount for which the board is
liable including but not limited to loss of income and costs incurred
therein.
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.
If, by reason of any change in the boundaries of school districts, or
by reason of the creation of a new school district, the position held by
any teacher having a contractual continued service status is transferred
from one board to the control of a new or different board, the
contractual continued service status of such teacher is not thereby
lost, and such new or different board is subject to this Act with
respect to such teacher in the same manner as if such teacher were its
employee and had been its employee during the time such teacher was
actually employed by the board from whose control the position was transferred.
(Source: P.A. 89‑618, eff. 8‑9‑96; 90‑224, eff. 7‑25‑97.)
|
(105 ILCS 5/24‑12.1) (from Ch. 122, par. 24‑12.1)
Sec. 24‑12.1.
Rights of recalled teachers.
Any teacher on contractual
continued service who 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 and who accepts
the tender of a vacancy within one calendar year from the beginning of the
following school term pursuant to Section 24‑12 shall lose no rights which
accrued while in contractual continued service.
(Source: P.A. 82‑997.)
|
(105 ILCS 5/24‑13) (from Ch. 122, par. 24‑13)
Sec. 24‑13.
Age or absences not affecting contractual continued service
‑ Teachers replacing teachers in military service or in the General Assembly.
The contractual continued service status of a teacher is not affected by
his attained age, promotion, absence caused by temporary illness or
temporary incapacity as defined by regulations of the employing board,
leave of absence mutually agreed upon between the teacher and the board, or
because of absence while in the military service of the United States. If a
teacher is elected to serve in the General Assembly, the board shall grant
him a leave of absence if he so requests. A teacher employed to replace one
in the military service of the United States or one serving in the General
Assembly does not acquire contractual continued service under this Article.
If a teacher is elected to serve as an officer of a state or national
teacher organization that represents teachers in collective bargaining
negotiations, the board shall grant the teacher, upon written request, a
leave (or leaves) of absence of up to 6 years
or the period of time the teacher serves as an officer, whichever is
longer.
(Source: P.A. 93‑377, eff. 1‑1‑04.)
|
(105 ILCS 5/24‑13.1) (from Ch. 122, par. 24‑13.1)
Sec. 24‑13.1.
Contractual continued service of teachers employed in
Department of Defense
overseas dependents' schools.
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. If such
a leave of absence is granted, the teacher may elect, for a period not
exceeding the lesser of the period for which he is so employed or 5 years,
(a) to preserve his contractual continued service status under this Act,
and (b) to continue receipt, on the same basis as if he were teaching in
the school system subject to the employing board, of service credit earned
for requirements of promotion, incremental increases in salary, leaves of
absence and other privileges based on an established period of service or
employment.
In addition, a teacher whose armed forces reserve unit is activated
during the school year and who as a result is required to enter into active
military service duty shall continue to have his or her full salary as a
teacher paid by the school board for the first 2 weeks of the period during which he or
she is required to remain on active military service duty; provided,
however, that if the teacher is required to remain on active military
service duty for any additional period, his or her contractual continued
service under this Act shall be preserved, and he or she shall continue to
receive throughout the entire period that he or she is required to remain
on active military service duty, on the same basis as if he or she were
teaching in the school system governed by the employing board, service
credit earned for requirements of promotion, incremental increases in
salary, leaves of absence and other privileges based on an established
period of service or employment; provided further that a teacher who
receives payment of his or her full
salary as a teacher for the first 2 weeks of the period his or her armed
forces reserve unit
is required to remain on active military service duty shall return to the
school board such portion of his or her teaching salary so paid as is equal
to the payment he or she received for such 2 week period from his or her armed
forces reserve unit, excluding, however, all payments received by the teacher
from the armed forces reserve unit which are allocable to nonschool days
or which constitute a travel, meal or housing allowance.
A person employed to replace a teacher making the election provided for
in this Section does not acquire contractual continued service status as a
teacher under this Article.
(Source: P.A. 84‑1401.)
|
(105 ILCS 5/24‑14) (from Ch. 122, par. 24‑14)
Sec. 24‑14.
Termination of contractual continued service by teacher.
A teacher who
has entered into contractual continued service may resign
at any time by obtaining concurrence of the board or by serving at least 30
days' written notice upon the secretary of the board. However, no teacher
may resign during the school term, without the concurrence of the board,
in order to accept another teaching assignment. Any teacher
terminating said service not in accordance with this Section is guilty of
unprofessional conduct and liable to suspension of certificate for a period not
to exceed 1 year, as provided in Section 21‑23.
(Source: P.A. 85‑256.)
|
(105 ILCS 5/24‑15) (from Ch. 122, par. 24‑15)
Sec. 24‑15.
Right to amend or repeal‑Partial invalidity.
Nothing herein limits the right of the General Assembly to amend or
repeal any part of Sections 24‑‑11 to 24‑‑15, inclusive, or any contract
resulting therefrom.
If any section, paragraph, sentence or clause of this Article is held
invalid or unconstitutional, such decision shall not affect the remaining
portion of this Article or this Act, or any section or part thereof.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑16) (from Ch. 122, par. 24‑16)
Sec. 24‑16.
Judicial review of administrative decision.
The provisions
of the Administrative Review Law, and all amendments and modifications thereof
and the rules adopted pursuant thereto, shall apply to and govern all proceedings
instituted for the judicial review of final administrative decisions of
a hearing officer under Section 24‑12 of this Article. The term "administrative
decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
|
(105 ILCS 5/24‑17) (from Ch. 122, par. 24‑17)
Sec. 24‑17.
Care
of property.
Every teacher shall see that the property of the district under his care
and control is not unnecessarily damaged or destroyed. No teacher shall be
paid any part of the school funds unless he has furnished schedules, when
required by law, and has satisfactorily accounted for all books, apparatus
and other property belonging to the district.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑18) (from Ch. 122, par. 24‑18)
Sec. 24‑18.
Daily registers.
Teachers shall keep daily registers showing the name, age and
attendance of each pupil, the day of the week, month and year. Registers
shall be in the form prescribed by the State Board of Education.
Such registers shall be furnished by the school directors, and each
teacher shall, at the end of his term of school, return his register to
the clerk or secretary of the school board. No teacher shall be paid any
part of the school funds unless he has accurately kept and returned such
a register.
(Source: P.A. 81‑1508.)
|
(105 ILCS 5/24‑19) (from Ch. 122, par. 24‑19)
Sec. 24‑19.
Schedules.
In all districts controlled by a board of
directors, teachers shall make schedules of the names of all pupils
attending school, and when pupils reside in 2 or more districts, townships
or counties, separate schedules shall be kept for each district, township
or county. Boards of education may require teachers to make schedules, or
statements, certifying the number of days' attendance for each month, as
shown by their registers, which shall be certified by the board of
education and be subject to the same requirements as schedules. Schedules
shall be certified by the teacher and shall be in the following form:
Schedule of a school taught by ...., in district No. ...., in the county of
.... in the State of Illinois. Names and ages of pupils residing in
district No. .... county, who have attended school during the time
beginning the .... days of ...., 1 .... during which time the school was in
session .... school days.
| |||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
I hereby certify that the foregoing schedule is correct, to the
best of my knowledge and belief.
A...............B...............
Teacher
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑20) (from Ch. 122, par. 24‑20)
Sec. 24‑20.
Delivery, examination and certification of schedule.
Each
schedule shall be delivered to one of the directors who shall, if requested,
give the teacher a receipt therefor. At least 2 directors shall examine
it carefully and correct any errors, and if it has been made according to
law, shall certify thereto in the following form:
State of Illinois, ) ) SS........... County. )
We, the undersigned, directors of district No. ...... in ............ county,
certify that we have carefully examined the foregoing schedule and find
it to be correct, and that the school was conducted according to law; that
the teacher is paid according to contract ..... dollars per .....; the
sum of ..... dollars is now due ..... for services for the month ending
..........; that the teacher has a legal certificate of ..... grade, and
that the property of said district in charge of such teacher has been satisfactorily
accounted for.
Signed this .............. day of ............., 1.... .................... .................... .................... Directors
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑21) (from Ch. 122, par. 24‑21)
Sec. 24‑21.
Payment of teachers' wages.
The directors shall pay the wages
of teachers in a manner agreed upon by the board, but at least 1 payment
shall be made during each school month. The directors shall issue and deliver
to the teacher an order on the school treasurer for the amount of salary
due. The order shall state the rate and time for which the teacher is paid.
It is unlawful for the directors: (1) to issue an order before they have
certified to any schedule then required to be made; (2) after the date for
filing schedules as fixed by law, to certify any schedule not delivered
to them before that date when such schedule is for time taught before the
first of July preceding; (3) to give an order in payment of a teacher's
wages for the time covered by such delinquent schedule. Teachers not
covered by a negotiated collective bargaining agreement may elect to receive
payment of wages over either a 10 or 12 month period annually.
(Source: P.A. 82‑396.)
|
(105 ILCS 5/24‑21.1) (from Ch. 122, par. 24‑21.1)
Sec. 24‑21.1.
Organization dues, payments and contributions.
The board shall, upon the written request of an employee, withhold from
the compensation of that employee any
dues, payments or contributions payable by such employee to any employee
labor organization as defined in the Illinois Educational Labor Relations
Act. Under such
arrangement, an amount shall be withheld from each regular payroll
period which is equal to the pro rata share of the annual
dues plus any payments or contributions and the board shall transmit
such withholdings to the specified labor organization within 10 working
days from the time
of the withholding.
(Source: P.A. 83‑1014.)
|
(105 ILCS 5/24‑22) (from Ch. 122, par. 24‑22)
Sec. 24‑22.
Interest in books, apparatus or furniture.
No teacher shall be interested in the sale, proceeds or profits of
any book, apparatus or furniture used in any school in which the teacher
may be employed, except when the interest of the teacher is based upon
authorship or development of instructional materials listed with the
State Board of Education
in compliance with
the provisions of Article 28 of this Act and adopted for use by a school
board subject to Section 10‑20.8 of this Act. Each teacher having an
interest in instructional materials shall file an annual statement so
certifying with the local secretary of the board of the school district
which employs him. For violation of the provisions of this Section a
teacher shall be subject to the penalties prescribed in Section 22‑5.
(Source: P.A. 81‑1508.)
|
(105 ILCS 5/24‑23) (from Ch. 122, par. 24‑23)
Sec. 24‑23.
Teacher transcript of credits.
Each teacher shall file with the superintendent of the school in which
he is teaching or, if there is no such superintendent, with the County
Superintendent of Schools a complete transcript of credits earned in
recognized institutions of higher learning attended by him. On each July
1st following the date of filing such transcript each teacher shall so file
a transcript of any credits that have been so earned since the date the
last transcript was filed.
Such record of credits shall be used as the base for determining the
minimum salary for such teachers as provided by Section 24‑‑8 of this Act.
(Source: Laws 1961, p. 31.)
|
(105 ILCS 5/24‑24) (from Ch. 122, par. 24‑24)
Sec. 24‑24.
Maintenance of discipline.
Subject to the limitations of all
policies established or adopted under Section 14‑8.05, teachers,
other
certificated educational employees, and any other person, whether or not a
certificated employee, providing a related service for or with respect to a
student shall maintain discipline in the schools,
including school grounds which are owned or leased by the board and used for
school purposes and activities. In all matters relating to the discipline in
and conduct of the schools and the school children, they stand in the relation
of parents and guardians to the pupils. This relationship shall extend to all
activities connected with the school program, including all athletic and
extracurricular programs, and may be exercised at any time for the safety and
supervision of the pupils in the absence of their parents or guardians.
Nothing in this Section affects the power of the board to establish
rules with respect to discipline; except that each board shall
establish a policy on discipline, and the policy so established shall
provide, subject to the limitations of all policies established or adopted
under Section 14‑8.05, that a teacher, other certificated employee, and
any other person, whether or not a certificated employee, providing a related
service for or with respect to a student may use reasonable
force as needed to
maintain safety for the other students, school personnel or persons or for the
purpose of self defense or the defense of property, shall provide that a
teacher may remove a student
from the classroom for disruptive behavior, and shall include provisions
which
provide due process to students. The policy shall not include slapping,
paddling or prolonged maintenance of students in physically painful positions
nor shall it include the intentional infliction of bodily harm.
The board may make and enforce reasonable rules of conduct and
sportsmanship for athletic and extracurricular school events. Any person
who violates such rules may be denied admission to school events for not
more than one year, provided that written 10 days notice of the violation
is given such person and a hearing had thereon by the board pursuant to its
rules and regulations. The administration of any school may sign complaints
as agents of the school against persons committing any offense at school
events.
(Source: P.A. 88‑346; 88‑670, eff. 12‑2‑94; 89‑184, eff. 7‑19‑95.)
|
(105 ILCS 5/24‑25) (from Ch. 122, par. 24‑25)
Sec. 24‑25.
Teachers and other employees may request any person entering
a public school building or the grounds which are owned or leased by the
board and used for school purposes and activities to identify himself and
the purpose of his entry. A person who refuses to provide such information
is guilty of a Class A misdemeanor.
Authorized agents of an exclusive bargaining representative, upon
notifying the school office, may meet with school employees in the school
building during duty free times of such employees.
(Source: P.A. 86‑202.)
|
(105 ILCS 5/24‑26) (from Ch. 122, par. 24‑26)
Sec. 24‑26.
Intervening to help students or their family members who
may have alcohol or other drug problems. Teachers and other employees of
school districts may intervene to help students or their family members who
appear to have problems with alcohol and other drugs by encouraging them to
seek an assessment and treatment. School personnel who intervene shall have
immunity from civil liability in accordance with the Alcoholism and Drug
Addiction Intervenor and Reporter Immunity Law. School personnel shall not
be subject to disciplinary action by the school because of an intervention
and may not be prohibited by school policy from intervening.
(Source: P.A. 87‑213.)
|
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
