There is a newer version of the Illinois Compiled Statutes
2005 Illinois 105 ILCS 5/ School Code. prec. Sec. 34-83 - Teachers--Employment and Retirement
(105 ILCS 5/34‑83) (from Ch. 122, par. 34‑83)
Sec. 34‑83.
Board of examiners ‑ Certificates ‑ Examinations.
A board of 3 examiners shall examine all applicants required to hold
certificates to teach and the board of education shall issue gratuitously
to those who pass a required test of character, scholarship and general
fitness, such certificates to teach as they are found entitled to receive.
No person may be granted or continue to hold a teaching certificate who has
knowingly altered or misrepresented his or her teaching
qualifications in
order to acquire the certificate. Any other certificate held by such
person may be suspended or revoked by the board of examiners, depending
upon the severity of the alteration or misrepresentation.
The board of examiners shall consist of the general superintendent of schools
and 2 persons approved and appointed by
the board of education upon the nomination of the general superintendent
of schools. The board of
examiners shall hold such examinations as the board of education may
prescribe, upon the recommendation of the general superintendent of schools
and shall prepare all necessary eligible lists, which shall be kept in the
office of the general superintendent of schools and be open to public
inspection. Members of the board of examiners shall hold office for a term
of 2 years.
The board of examiners created herein is abolished effective July 1,
1988. Commencing July 1, 1988, all new teachers employed by the
board shall hold teaching certificates issued by the State
Teacher Certification Board under Article 21. The State Board of Education
in consultation with the board of examiners
and the
State Teacher Certification Board shall develop procedures
whereby teachers currently holding valid certificates issued by the board
of examiners, and all teachers employed by the board
after August 1,
1985 and prior to July 1, 1988, shall no later than July 1, 1988 exchange
certificates issued by the board of examiners for comparable certificates
issued by the State Teacher Certification Board. On the exchange of a
certificate on or before July 1, 1988, the State Teacher Certification
Board shall not require any additional qualifications for the issuance of
the comparable certificate.
If prior to July 1, 1988 the board of examiners has issued types of
teaching certificates which
are not comparable to the types of certificates issued by the State Teacher
Certification Board, such certificates shall continue to be valid for and
shall be renewable by the holders thereof, and no additional qualifications
shall be required by the State Teacher Certification Board for any such
renewal; however, no individual who received a letter of
continuing eligibility shall be issued an Initial or Standard Teaching
Certificate, as provided in Section 21‑2 of this Code,
unless that individual also holds
such a valid and renewable certificate.
The State Board of Education shall report by July 1, 1986, to the
Illinois General Assembly on the procedures for exchange it has developed
in consultation with the board of examiners and the State Teacher
Certification Board as required in this Section.
(Source: P.A. 91‑102, eff. 7‑12‑99.)
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(105 ILCS 5/34‑83.1) (from Ch. 122, par. 34‑83.1)
Sec. 34‑83.1.
Residence Requirements.
Residency within any school district
governed by this Article, if not required at the time of employment as a
qualification of employment, shall not be considered in determining the
compensation of a teacher or whether to retain, promote, assign or transfer
that teacher.
(Source: P.A. 82‑381.)
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(105 ILCS 5/34‑84) (from Ch. 122, par. 34‑84)
Sec. 34‑84.
Appointments and promotions of teachers.
Appointments and
promotions of teachers shall be made for merit
only, and after satisfactory service for a probationary period of 3 years
with respect to probationary employees employed as full‑time teachers in the
public school system of the district before January 1, 1998 and 4 years with
respect to probationary employees who are first employed as full‑time teachers
in the public school system of the district on or after January 1, 1998
(during which period the board may dismiss or discharge any
such probationary employee upon the recommendation, accompanied by the
written reasons therefor, of the general superintendent of schools)
appointments of teachers shall become permanent, subject to removal for cause
in the manner provided by Section 34‑85.
As used in this Article, "teachers" means and includes all members of
the teaching force excluding the general superintendent and principals.
There shall be no reduction in teachers because of a decrease in
student membership or a change in subject requirements within the
attendance center organization after the 20th day following the first day
of the school year, except that: (1) this provision shall not apply to
desegregation positions, special education positions, or any other positions
funded by State or federal categorical funds, and (2) at attendance centers
maintaining any of grades 9 through 12, there may be a second reduction in
teachers on the first day of the second semester of the regular school
term because of a decrease in student membership or a change in subject
requirements within the attendance center organization.
The school principal shall make the decision
in selecting teachers to fill new and vacant positions consistent with
Section 34‑8.1.
(Source: P.A. 89‑15, eff. 5‑30‑95; 90‑548, eff. 1‑1‑98.)
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(105 ILCS 5/34‑84a) (from Ch. 122, par. 34‑84a)
Sec. 34‑84a.
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 the rules of
the board must 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,
shall provide that a teacher may remove a student from the classroom
for disruptive behavior, and
must include provisions which provide due process to students.
(Source: P.A. 89‑184, eff. 7‑19‑95.)
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(105 ILCS 5/34‑84a.1) (from Ch. 122, par. 34‑84a.1)
Sec. 34‑84a.1.
Principals shall report incidents of intimidation.
The
principal of each attendance center shall promptly notify and report to the
local law enforcement authorities for inclusion in the Department of State
Police's Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged incident of
intimidation which is reported to him or her, either orally or in writing,
by any pupil or by any teacher or other certificated or non‑certificated
personnel employed at the attendance center. "Intimidation" shall have the
meaning ascribed to it by Section 12‑6 of the Criminal Code of 1961.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(105 ILCS 5/34‑84.1) (from Ch. 122, par. 34‑84.1)
Sec. 34‑84.1.
Teachers employed in Department of Defense overseas dependents' schools.
By mutual agreement of a teacher and the board of education, 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 permanent 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 board of education, 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.
A person employed to replace a teacher making the election provided for
in this Section does not acquire permanent status as a teacher under this
Article.
(Source: Laws 1967, p. 1999.)
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(105 ILCS 5/34‑85) (from Ch. 122, par. 34‑85)
Sec. 34‑85.
Removal for cause; Notice and hearing; Suspension.
No
teacher employed by the board of education shall (after serving the
probationary period specified in Section 34‑84) be removed
except for cause. 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.
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 days
or provide a written
reason for not approving those charges. A
written notice of those charges
shall be served upon the teacher or principal within 10 days of the
approval of the charges. 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 days after the date of the
approval of the charges shall constitute proof of service.
No hearing upon the charges is required unless the teacher or principal
within 10
days after receiving notice requests in writing of the general
superintendent that a hearing
be scheduled, in which case the general superintendent 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 approval of the charges. The general superintendent shall forward a copy of the notice to the State Board of
Education within 5 days from the date of the approval of the charges.
Within 10 days after receiving the notice of hearing, the State Board
of
Education shall provide the teacher or principal and the general
superintendent with 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 as an arbitrator in cases involving labor and
employment
relations matters between educational employers and educational employees or
their exclusive bargaining representatives.
The general superintendent and the teacher or principal or
their legal representatives
within 3 days from receipt of the list 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. Within 3 days of receipt
of the first list provided by the State Board of Education, the general
superintendent and the teacher or principal 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. Each
party
shall promptly
serve written notice on the other of any name stricken from the list. If
the teacher or principal fails to do so, the general superintendent may select the hearing
officer from any name remaining on the list. The teacher or principal
may waive the hearing at any time prior to the appointment of the hearing
officer. Notice of the selection of the hearing officer shall be given
to the State Board of Education. The hearing officer shall be notified
of his selection by the State Board of Education. A signed acceptance
shall be filed with the State Board of Education within 5 days of receipt
of notice of the selection. The State Board of Education shall notify the
teacher or principal and the board of its appointment of the hearing officer.
In the alternative to selecting a hearing officer from the first or second
list received from the State Board of Education, the general superintendent and
the teacher or principal 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 have the same
qualifications and authority as a hearing officer selected from a list provided
by the State Board of Education. The teacher or principal may waive the
hearing at any time prior to the appointment of the hearing officer. The
State Board of
Education shall
promulgate
uniform
standards and rules
of procedure for such hearings, including reasonable rules of discovery.
The per diem allowance for the hearing officer shall be paid by the State
Board of Education. The hearing officer shall hold a hearing and render
findings of fact and a recommendation to the general superintendent. 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. The hearing officer may issue subpoenas requiring
the attendance of witnesses and, at the request of the teacher or principal
against whom a charge is made or the general superintendent,
shall issue such subpoenas, but
the hearing officer may limit the number of witnesses to be subpoenaed in
behalf of the teacher or principal or the general superintendent
to not more than 10 each.
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.
Pending the hearing of the charges, the person charged may be suspended
in accordance with rules prescribed by the board but such person, if
acquitted, shall not suffer any loss of salary by reason of the suspension.
Before service of notice of charges on account of causes that may be
deemed to be remediable, the teacher or principal shall be given 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. No written warning shall be required for conduct on the part of
a teacher or principal which is cruel, immoral, negligent, or criminal or which
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 however, 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.
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 45 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 board, within 45
days of receipt of the hearing officer's findings of fact and recommendation,
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. If the hearing
officer fails to render a decision within 45 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 45 day period, the name of such hearing
officer
shall be struck for a period not less than 24 months from the master
list
of hearing officers maintained by the State Board of Education. The board
shall not lose jurisdiction to discharge the teacher or principal if the
hearing officer fails to render a decision within the time specified in this
Section. If a hearing officer fails to render a decision within 3 months after
the hearing is declared closed, 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 rehear the charges heard by the hearing officer who failed
to render a decision. The parties may also 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. A
violation of the professional standards set forth in "The Code of
Professional Responsibility for Arbitrators of Labor‑Management Disputes",
of the National Academy of Arbitrators, the American Arbitration
Association, and the Federal Mediation and Conciliation Service, or the
failure of a hearing officer to render a decision within 3 months after the
hearing is declared closed shall be grounds for removal of the hearing
officer from the master list of
hearing officers maintained by the State Board of Education. The decision
of the board is final unless reviewed as provided in
Section
34‑85b of this Act.
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. If a decision of the hearing officer is adjudicated upon review
or appeal in favor of the teacher or principal, 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.
Nothing in this Section affects the validity of removal for cause hearings
commenced prior to the effective date of this amendatory Act of 1978.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑85b) (from Ch. 122, par. 34‑85b)
Sec. 34‑85b.
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 by either the employee, teacher,
a principal or the board of final administrative decisions of the hearing
officer under Sections 34‑15 and
34‑85 of this Act. The term
"administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(105 ILCS 5/34‑87) (from Ch. 122, par. 34‑87)
Sec. 34‑87.
Payments to retired persons‑Subject to call.
Each person retired from service under Section 34‑86 prior to the
last day of the June 1951 school term shall be paid $500.00 annually for
life from the date of retirement from the money derived from the general
tax levy for educational purposes and from amounts received from the
common school fund under Sections 18‑‑7 and 18‑‑8, but he shall be
subject to the call of the general superintendent of schools of the city
for consultation and advisory service; provided, however, that for each
person retired under Section 34‑‑86 prior to the last day of the June
1947 school term, there shall be an additional annual payment of $500.00
for life; and that for each person retired under Section 34‑‑86 on the
last day of the June 1947 school term or thereafter, but before the last
day of the June 1951 school term, there shall be an additional annual
payment of $300.00 for life, such amounts also to be derived from the
annual tax levy for educational purposes and from amounts received from
the common school fund under Sections 18‑‑7 and 18‑‑8. Annuity payments
to a retired person shall be suspended while such person is employed by
the board as a teacher on a temporary certificate as provided in Section
34‑‑86. This section does not impair or prejudice any rights of any
person so retired to an annuity under the provisions concerning any
teachers' pension fund or teachers' pension and retirement fund,
established by any other statute of this State.
From the additional sum reserved to the school district of the city
under Section 18‑‑7 and paid to it under Section 18‑‑8 by reason of the
exclusion of such district from the provisions of the Teachers'
Retirement System of the State of Illinois, such portion thereof accrued
by the board of education in 1952 and each year thereafter which is not
required to meet the current month's emeritus pay obligation prescribed
in this section, shall be paid monthly beginning January 1958 and
thereafter by the board of education to the teachers' pension and
retirement fund of the city. When the obligation prescribed by this
section is completely liquidated by reason of the death of all
beneficiaries thereof, the entire additional sum reserved and paid to
the school district of the city under Sections 18‑‑7 and 18‑‑8, as a
result of the exclusion of such district from the provisions of the
Teachers' Retirement System of the State of Illinois shall be paid
monthly by the board of education to the teachers' pension and
retirement fund of the city.
(Source: Laws 1961, p. 31.)
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(105 ILCS 5/34‑88) (from Ch. 122, par. 34‑88)
Sec. 34‑88.
School reports.
Each attendance center shall prepare a report
card in accordance with the guidelines established in paragraphs (b) and
(c) of subsection (3) of Section 10‑17a which describes the performance
of its schools and students. This report card shall be transmitted to
the general superintendent who shall present report cards from
each of the attendance centers within the district to the
board.
The board shall make available to a newspaper of general
circulation
serving the district a report which provides information detailing the
performance of the district.
(Source: P.A. 89‑15, eff. 5‑30‑95.)
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(105 ILCS 5/34‑128) (from Ch. 122, par. 34‑128)
Sec. 34‑128.
The Board shall provide free bus transportation for
every child who is trainable mentally disabled,
as defined in Article 14,
who resides at a distance of one mile or more from any school to which
he is assigned for attendance and who the State Board of Education determines
in advance requires special transportation
service in order to take advantage of special educational facilities.
The board may levy, without regard to any other legally authorized
tax and in addition to such taxes, an annual tax upon all the taxable
property in the school district at a rate not to exceed .005% of the
value, as equalized or assessed by the Department of Revenue,
that will produce an amount not to exceed the annual cost of
transportation provided in accordance with this Section. The board
shall deduct from the cost of such transportation any amount reimbursed
by the State under Article 14. Such levy is authorized in the year
following the school year in which the transportation costs were
incurred by the district.
(Source: P.A. 89‑397, eff. 8‑20‑95.)
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