SB 3330

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of SB3330
Home
Legislation
Full Text
	SB3330 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
		Printer Friendly Version
		Introduced
			 Open PDF
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3330
Introduced 2/3/2026, by Sen. Celina Villanueva
SYNOPSIS AS INTRODUCED:
105 ILCS 5/24-12
Amends the Employment of Teachers Article of the School Code with respect to the removal or dismissal of teachers in contractual continued service. In provisions specifying that if a decision of a hearing officer for dismissal or of a school board for dismissal for cause is adjudicated upon review or appeal in favor of a teacher, then the trial court shall order reinstatement and shall remand the matter to the school board with direction for entry of an order setting the amount of back pay, lost benefits, and costs, less mitigation, provides that, post reinstatement, the mutually selected hearing officer shall maintain jurisdiction over the back pay so that the teacher may challenge and the hearing officer may potentially amend the school board's order setting the amount of back pay, lost benefits, interest, and costs, including, but not limited to, attorney's fees, less mitigation, through an expedited arbitration procedure, with the costs of the arbitrator borne by the school board (rather than providing that the teacher may challenge the school board's order setting the amount of back pay, lost benefits, and costs, less mitigation, through an expedited arbitration procedure, with the costs of the arbitrator borne by the school board).
LRB104 18726 LNS 32169 b
A BILL FOR
		SB3330		LRB104 18726 LNS 32169 b
1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
524-12 as follows:
6    (105 ILCS 5/24-12)
7    Sec. 24-12. Removal or dismissal of teachers in
8contractual continued service.
9    (a) This subsection (a) applies only to honorable
10dismissals and recalls in which the notice of dismissal is
11provided on or before the end of the 2010-2011 school term. If
12a teacher in contractual continued service is removed or
13dismissed as a result of a decision of the board to decrease
14the number of teachers employed by the board or to discontinue
15some particular type of teaching service, written notice shall
16be mailed to the teacher and also given the teacher either by
17certified mail, return receipt requested or personal delivery
18with receipt at least 60 days before the end of the school
19term, together with a statement of honorable dismissal and the
20reason therefor, and in all such cases the board shall first
21remove or dismiss all teachers who have not entered upon
22contractual continued service before removing or dismissing
23any teacher who has entered upon contractual continued service
		SB3330	- 2 -	LRB104 18726 LNS 32169 b
1and who is legally qualified to hold a position currently held
2by a teacher who has not entered upon contractual continued
3service.
4    As between teachers who have entered upon contractual
5continued service, the teacher or teachers with the shorter
6length of continuing service with the district shall be
7dismissed first unless an alternative method of determining
8the sequence of dismissal is established in a collective
9bargaining agreement or contract between the board and a
10professional faculty members' organization and except that
11this provision shall not impair the operation of any
12affirmative action program in the district, regardless of
13whether it exists by operation of law or is conducted on a
14voluntary basis by the board. Any teacher dismissed as a
15result of such decrease or discontinuance shall be paid all
16earned compensation on or before the third business day
17following the last day of pupil attendance in the regular
18school term.
19    If the board has any vacancies for the following school
20term or within one calendar year from the beginning of the
21following school term, the positions thereby becoming
22available shall be tendered to the teachers so removed or
23dismissed so far as they are legally qualified to hold such
24positions; provided, however, that if the number of honorable
25dismissal notices based on economic necessity exceeds 15% of
26the number of full-time equivalent positions filled by
		SB3330	- 3 -	LRB104 18726 LNS 32169 b
1certified employees (excluding principals and administrative
2personnel) during the preceding school year, then if the board
3has any vacancies for the following school term or within 2
4calendar years from the beginning of the following school
5term, the positions so becoming available shall be tendered to
6the teachers who were so notified and removed or dismissed
7whenever they are legally qualified to hold such positions.
8Each board shall, in consultation with any exclusive employee
9representatives, each year establish a list, categorized by
10positions, showing the length of continuing service of each
11teacher who is qualified to hold any such positions, unless an
12alternative method of determining a sequence of dismissal is
13established as provided for in this Section, in which case a
14list shall be made in accordance with the alternative method.
15Copies of the list shall be distributed to the exclusive
16employee representative on or before February 1 of each year.
17Whenever the number of honorable dismissal notices based upon
18economic necessity exceeds 5, or 150% of the average number of
19teachers honorably dismissed in the preceding 3 years,
20whichever is more, then the board also shall hold a public
21hearing on the question of the dismissals. Following the
22hearing and board review, the action to approve any such
23reduction shall require a majority vote of the board members.
24    (b) If any teacher, whether or not in contractual
25continued service, is removed or dismissed as a result of a
26decision of a school board to decrease the number of teachers
		SB3330	- 4 -	LRB104 18726 LNS 32169 b
1employed by the board, a decision of a school board to
2discontinue some particular type of teaching service, or a
3reduction in the number of programs or positions in a special
4education joint agreement, then written notice must be mailed
5to the teacher and also given to the teacher either by
6electronic mail, certified mail, return receipt requested, or
7personal delivery with receipt on or before April 15, together
8with a statement of honorable dismissal and the reason
9therefor, and in all such cases the sequence of dismissal
10shall occur in accordance with this subsection (b); except
11that this subsection (b) shall not impair the operation of any
12affirmative action program in the school district, regardless
13of whether it exists by operation of law or is conducted on a
14voluntary basis by the board.
15    Each teacher must be categorized into one or more
16positions for which the teacher is qualified to hold, based
17upon legal qualifications and any other qualifications
18established in a district or joint agreement job description,
19on or before the May 10 prior to the school year during which
20the sequence of dismissal is determined. Within each position
21and subject to agreements made by the joint committee on
22honorable dismissals that are authorized by subsection (c) of
23this Section, the school district or joint agreement must
24establish 4 groupings of teachers qualified to hold the
25position as follows:
26        (1) Grouping one shall consist of each teacher who is
		SB3330	- 5 -	LRB104 18726 LNS 32169 b
1    not in contractual continued service and who (i) has not
2    received a performance evaluation rating, (ii) is employed
3    for one school term or less to replace a teacher on leave,
4    or (iii) is employed on a part-time basis. "Part-time
5    basis" for the purposes of this subsection (b) means a
6    teacher who is employed to teach less than a full-day,
7    teacher workload or less than 5 days of the normal student
8    attendance week, unless otherwise provided for in a
9    collective bargaining agreement between the district and
10    the exclusive representative of the district's teachers.
11    For the purposes of this Section, a teacher (A) who is
12    employed as a full-time teacher but who actually teaches
13    or is otherwise present and participating in the
14    district's educational program for less than a school term
15    or (B) who, in the immediately previous school term, was
16    employed on a full-time basis and actually taught or was
17    otherwise present and participated in the district's
18    educational program for 120 days or more is not considered
19    employed on a part-time basis.
20        (2) Grouping 2 shall consist of each teacher with a
21    Needs Improvement or Unsatisfactory performance evaluation
22    rating on either of the teacher's last 2 performance
23    evaluation ratings.
24        (3) Grouping 3 shall consist of each teacher with a
25    performance evaluation rating of at least Satisfactory or
26    Proficient on both of the teacher's last 2 performance
		SB3330	- 6 -	LRB104 18726 LNS 32169 b
1    evaluation ratings, if 2 ratings are available, or on the
2    teacher's last performance evaluation rating, if only one
3    rating is available, unless the teacher qualifies for
4    placement into grouping 4.
5        (4) Grouping 4 shall consist of each teacher whose
6    last 2 performance evaluation ratings are Excellent and
7    each teacher with 2 Excellent performance evaluation
8    ratings out of the teacher's last 3 performance evaluation
9    ratings with a third rating of Satisfactory or Proficient.
10    Among teachers qualified to hold a position, teachers must
11be dismissed in the order of their groupings, with teachers in
12grouping one dismissed first and teachers in grouping 4
13dismissed last.
14    Within grouping one, the sequence of dismissal must be at
15the discretion of the school district or joint agreement.
16Within grouping 2, the sequence of dismissal must be based
17upon average performance evaluation ratings, with the teacher
18or teachers with the lowest average performance evaluation
19rating dismissed first. A teacher's average performance
20evaluation rating must be calculated using the average of the
21teacher's last 2 performance evaluation ratings, if 2 ratings
22are available, or the teacher's last performance evaluation
23rating, if only one rating is available, using the following
24numerical values: 4 for Excellent; 3 for Proficient or
25Satisfactory; 2 for Needs Improvement; and 1 for
26Unsatisfactory. As between or among teachers in grouping 2
		SB3330	- 7 -	LRB104 18726 LNS 32169 b
1with the same average performance evaluation rating and within
2each of groupings 3 and 4, the teacher or teachers with the
3shorter length of continuing service with the school district
4or joint agreement must be dismissed first unless an
5alternative method of determining the sequence of dismissal is
6established in a collective bargaining agreement or contract
7between the board and a professional faculty members'
8organization.
9    Each board, including the governing board of a joint
10agreement, shall, in consultation with any exclusive employee
11representatives, each year establish a sequence of honorable
12dismissal list categorized by positions and the groupings
13defined in this subsection (b). Copies of the list showing
14each teacher by name, along with the race or ethnicity of the
15teacher if provided by the teacher, and categorized by
16positions and the groupings defined in this subsection (b)
17must be distributed to the exclusive bargaining representative
18at least 75 days before the end of the school term, provided
19that the school district or joint agreement may, with notice
20to any exclusive employee representatives, move teachers from
21grouping one into another grouping during the period of time
22from 75 days until April 15. Each year, each board shall also
23establish, in consultation with any exclusive employee
24representatives, a list showing the length of continuing
25service of each teacher who is qualified to hold any such
26positions, unless an alternative method of determining a
		SB3330	- 8 -	LRB104 18726 LNS 32169 b
1sequence of dismissal is established as provided for in this
2Section, in which case a list must be made in accordance with
3the alternative method. Copies of the list must be distributed
4to the exclusive employee representative at least 75 days
5before the end of the school term.
6    Any teacher dismissed as a result of such decrease or
7discontinuance must be paid all earned compensation on or
8before the third business day following the last day of pupil
9attendance in the regular school term.
10    If the board or joint agreement has any vacancies for the
11following school term or within one calendar year from the
12beginning of the following school term, the positions thereby
13becoming available must be tendered to the teachers so removed
14or dismissed who were in grouping 3 or 4 of the sequence of
15dismissal and are qualified to hold the positions, based upon
16legal qualifications and any other qualifications established
17in a district or joint agreement job description, on or before
18the May 10 prior to the date of the positions becoming
19available, provided that if the number of honorable dismissal
20notices based on economic necessity exceeds 15% of the number
21of full-time equivalent positions filled by certified
22employees (excluding principals and administrative personnel)
23during the preceding school year, then the recall period is
24for the following school term or within 2 calendar years from
25the beginning of the following school term. If the board or
26joint agreement has any vacancies within the period from the
		SB3330	- 9 -	LRB104 18726 LNS 32169 b
1beginning of the following school term through February 1 of
2the following school term (unless a date later than February
31, but no later than 6 months from the beginning of the
4following school term, is established in a collective
5bargaining agreement), the positions thereby becoming
6available must be tendered to the teachers so removed or
7dismissed who were in grouping 2 of the sequence of dismissal
8due to one "needs improvement" rating on either of the
9teacher's last 2 performance evaluation ratings, provided
10that, if 2 ratings are available, the other performance
11evaluation rating used for grouping purposes is
12"satisfactory", "proficient", or "excellent", and are
13qualified to hold the positions, based upon legal
14qualifications and any other qualifications established in a
15district or joint agreement job description, on or before the
16May 10 prior to the date of the positions becoming available.
17On and after July 1, 2014 (the effective date of Public Act
1898-648), the preceding sentence shall apply to teachers
19removed or dismissed by honorable dismissal, even if notice of
20honorable dismissal occurred during the 2013-2014 school year.
21Among teachers eligible for recall pursuant to the preceding
22sentence, the order of recall must be in inverse order of
23dismissal, unless an alternative order of recall is
24established in a collective bargaining agreement or contract
25between the board and a professional faculty members'
26organization. Whenever the number of honorable dismissal
		SB3330	- 10 -	LRB104 18726 LNS 32169 b
1notices based upon economic necessity exceeds 5 notices or
2150% of the average number of teachers honorably dismissed in
3the preceding 3 years, whichever is more, then the school
4board or governing board of a joint agreement, as applicable,
5shall also hold a public hearing on the question of the
6dismissals. Following the hearing and board review, the action
7to approve any such reduction shall require a majority vote of
8the board members.
9    For purposes of this subsection (b), subject to agreement
10on an alternative definition reached by the joint committee
11described in subsection (c) of this Section, a teacher's
12performance evaluation rating means the overall performance
13evaluation rating resulting from an annual or biennial
14performance evaluation conducted pursuant to Article 24A of
15this Code by the school district or joint agreement
16determining the sequence of dismissal, not including any
17performance evaluation conducted during or at the end of a
18remediation period. No more than one evaluation rating each
19school term shall be one of the evaluation ratings used for the
20purpose of determining the sequence of dismissal. Except as
21otherwise provided in this subsection for any performance
22evaluations conducted during or at the end of a remediation
23period, if multiple performance evaluations are conducted in a
24school term, only the rating from the last evaluation
25conducted prior to establishing the sequence of honorable
26dismissal list in such school term shall be the one evaluation
		SB3330	- 11 -	LRB104 18726 LNS 32169 b
1rating from that school term used for the purpose of
2determining the sequence of dismissal. Averaging ratings from
3multiple evaluations is not permitted unless otherwise agreed
4to in a collective bargaining agreement or contract between
5the board and a professional faculty members' organization.
6The preceding 3 sentences are not a legislative declaration
7that existing law does or does not already require that only
8one performance evaluation each school term shall be used for
9the purpose of determining the sequence of dismissal. For
10performance evaluation ratings determined prior to September
111, 2012, any school district or joint agreement with a
12performance evaluation rating system that does not use either
13of the rating category systems specified in subsection (d) of
14Section 24A-5 of this Code for all teachers must establish a
15basis for assigning each teacher a rating that complies with
16subsection (d) of Section 24A-5 of this Code for all of the
17performance evaluation ratings that are to be used to
18determine the sequence of dismissal. A teacher's grouping and
19ranking on a sequence of honorable dismissal shall be deemed a
20part of the teacher's performance evaluation, and that
21information shall be disclosed to the exclusive bargaining
22representative as part of a sequence of honorable dismissal
23list, notwithstanding any laws prohibiting disclosure of such
24information. A performance evaluation rating may be used to
25determine the sequence of dismissal, notwithstanding the
26pendency of any grievance resolution or arbitration procedures
		SB3330	- 12 -	LRB104 18726 LNS 32169 b
1relating to the performance evaluation. If a teacher has
2received at least one performance evaluation rating conducted
3by the school district or joint agreement determining the
4sequence of dismissal and a subsequent performance evaluation
5is not conducted in any school year in which such evaluation is
6required to be conducted under Section 24A-5 of this Code, the
7teacher's performance evaluation rating for that school year
8for purposes of determining the sequence of dismissal is
9deemed Proficient, except that, during any time in which the
10Governor has declared a disaster due to a public health
11emergency pursuant to Section 7 of the Illinois Emergency
12Management Agency Act, this default to Proficient does not
13apply to any teacher who has entered into contractual
14continued service and who was deemed Excellent on his or her
15most recent evaluation. During any time in which the Governor
16has declared a disaster due to a public health emergency
17pursuant to Section 7 of the Illinois Emergency Management
18Agency Act and unless the school board and any exclusive
19bargaining representative have completed the performance
20rating for teachers or have mutually agreed to an alternate
21performance rating, any teacher who has entered into
22contractual continued service, whose most recent evaluation
23was deemed Excellent, and whose performance evaluation is not
24conducted when the evaluation is required to be conducted
25shall receive a teacher's performance rating deemed Excellent.
26A school board and any exclusive bargaining representative may
		SB3330	- 13 -	LRB104 18726 LNS 32169 b
1mutually agree to an alternate performance rating for teachers
2not in contractual continued service during any time in which
3the Governor has declared a disaster due to a public health
4emergency pursuant to Section 7 of the Illinois Emergency
5Management Agency Act, as long as the agreement is in writing.
6If a performance evaluation rating is nullified as the result
7of an arbitration, administrative agency, or court
8determination, then the school district or joint agreement is
9deemed to have conducted a performance evaluation for that
10school year, but the performance evaluation rating may not be
11used in determining the sequence of dismissal.
12    Nothing in this subsection (b) shall be construed as
13limiting the right of a school board or governing board of a
14joint agreement to dismiss a teacher not in contractual
15continued service in accordance with Section 24-11 of this
16Code.
17    Any provisions regarding the sequence of honorable
18dismissals and recall of honorably dismissed teachers in a
19collective bargaining agreement entered into on or before
20January 1, 2011 and in effect on June 13, 2011 (the effective
21date of Public Act 97-8) that may conflict with Public Act 97-8
22shall remain in effect through the expiration of such
23agreement or June 30, 2013, whichever is earlier.
24    (c) Each school district and special education joint
25agreement must use a joint committee composed of equal
26representation selected by the school board and its teachers
		SB3330	- 14 -	LRB104 18726 LNS 32169 b
1or, if applicable, the exclusive bargaining representative of
2its teachers, to address the matters described in paragraphs
3(1) through (5) of this subsection (c) pertaining to honorable
4dismissals under subsection (b) of this Section.
5        (1) The joint committee must consider and may agree to
6    criteria for excluding from grouping 2 and placing into
7    grouping 3 a teacher whose last 2 performance evaluations
8    include a Needs Improvement and either a Proficient or
9    Excellent.
10        (2) The joint committee must consider and may agree to
11    an alternative definition for grouping 4, which definition
12    must take into account prior performance evaluation
13    ratings and may take into account other factors that
14    relate to the school district's or program's educational
15    objectives. An alternative definition for grouping 4 may
16    not permit the inclusion of a teacher in the grouping with
17    a Needs Improvement or Unsatisfactory performance
18    evaluation rating on either of the teacher's last 2
19    performance evaluation ratings.
20        (3) The joint committee may agree to including within
21    the definition of a performance evaluation rating a
22    performance evaluation rating administered by a school
23    district or joint agreement other than the school district
24    or joint agreement determining the sequence of dismissal.
25        (4) For each school district or joint agreement that
26    administers performance evaluation ratings that are
		SB3330	- 15 -	LRB104 18726 LNS 32169 b
1    inconsistent with either of the rating category systems
2    specified in subsection (d) of Section 24A-5 of this Code,
3    the school district or joint agreement must consult with
4    the joint committee on the basis for assigning a rating
5    that complies with subsection (d) of Section 24A-5 of this
6    Code to each performance evaluation rating that will be
7    used in a sequence of dismissal.
8        (5) Upon request by a joint committee member submitted
9    to the employing board by no later than 10 days after the
10    distribution of the sequence of honorable dismissal list,
11    a representative of the employing board shall, within 5
12    days after the request, provide to members of the joint
13    committee a list showing the most recent and prior
14    performance evaluation ratings of each teacher identified
15    only by length of continuing service in the district or
16    joint agreement and not by name. If, after review of this
17    list, a member of the joint committee has a good faith
18    belief that a disproportionate number of teachers with
19    greater length of continuing service with the district or
20    joint agreement have received a recent performance
21    evaluation rating lower than the prior rating, the member
22    may request that the joint committee review the list to
23    assess whether such a trend may exist. Following the joint
24    committee's review, but by no later than the end of the
25    applicable school term, the joint committee or any member
26    or members of the joint committee may submit a report of
		SB3330	- 16 -	LRB104 18726 LNS 32169 b
1    the review to the employing board and exclusive bargaining
2    representative, if any. Nothing in this paragraph (5)
3    shall impact the order of honorable dismissal or a school
4    district's or joint agreement's authority to carry out a
5    dismissal in accordance with subsection (b) of this
6    Section.
7    Agreement by the joint committee as to a matter requires
8the majority vote of all committee members, and if the joint
9committee does not reach agreement on a matter, then the
10otherwise applicable requirements of subsection (b) of this
11Section shall apply. Except as explicitly set forth in this
12subsection (c), a joint committee has no authority to agree to
13any further modifications to the requirements for honorable
14dismissals set forth in subsection (b) of this Section. The
15joint committee must be established, and the first meeting of
16the joint committee each school year must occur on or before
17December 1.
18    The joint committee must reach agreement on a matter on or
19before February 1 of a school year in order for the agreement
20of the joint committee to apply to the sequence of dismissal
21determined during that school year. Subject to the February 1
22deadline for agreements, the agreement of a joint committee on
23a matter shall apply to the sequence of dismissal until the
24agreement is amended or terminated by the joint committee.
25    The provisions of the Open Meetings Act shall not apply to
26meetings of a joint committee created under this subsection
		SB3330	- 17 -	LRB104 18726 LNS 32169 b
1(c).
2    (d) Notwithstanding anything to the contrary in this
3subsection (d), the requirements and dismissal procedures of
4Section 24-16.5 of this Code shall apply to any dismissal
5sought under Section 24-16.5 of this Code.
6        (1) If a dismissal of a teacher in contractual
7    continued service is sought for any reason or cause other
8    than an honorable dismissal under subsections (a) or (b)
9    of this Section or a dismissal sought under Section
10    24-16.5 of this Code, including those under Section
11    10-22.4, the board must first approve a motion containing
12    specific charges by a majority vote of all its members.
13    Written notice of such charges, including a bill of
14    particulars and the teacher's right to request a hearing,
15    must be mailed to the teacher and also given to the teacher
16    either by electronic mail, certified mail, return receipt
17    requested, or personal delivery with receipt within 5 days
18    of the adoption of the motion. Any written notice sent on
19    or after July 1, 2012 shall inform the teacher of the right
20    to request a hearing before a mutually selected hearing
21    officer, with the cost of the hearing officer split
22    equally between the teacher and the board, or a hearing
23    before a board-selected hearing officer, with the cost of
24    the hearing officer paid by the board.
25        Before setting a hearing on charges stemming from
26    causes that are considered remediable, a board must give
		SB3330	- 18 -	LRB104 18726 LNS 32169 b
1    the teacher reasonable warning in writing, stating
2    specifically the causes that, if not removed, may result
3    in charges; however, no such written warning is required
4    if the causes have been the subject of a remediation plan
5    pursuant to Article 24A of this Code.
6        If, in the opinion of the board, the interests of the
7    school require it, the board may suspend the teacher
8    without pay, pending the hearing, but if the board's
9    dismissal or removal is not sustained, the teacher shall
10    not suffer the loss of any salary or benefits by reason of
11    the suspension.
12        (2) No hearing upon the charges is required unless the
13    teacher within 17 days after receiving notice requests in
14    writing of the board that a hearing be scheduled before a
15    mutually selected hearing officer or a hearing officer
16    selected by the board. The secretary of the school board
17    shall forward a copy of the notice to the State Board of
18    Education.
19        (3) Within 5 business days after receiving a notice of
20    hearing in which either notice to the teacher was sent
21    before July 1, 2012 or, if the notice was sent on or after
22    July 1, 2012, the teacher has requested a hearing before a
23    mutually selected hearing officer, the State Board of
24    Education shall provide a list of 5 prospective, impartial
25    hearing officers from the master list of qualified,
26    impartial hearing officers maintained by the State Board
		SB3330	- 19 -	LRB104 18726 LNS 32169 b
1    of Education. Each person on the master list must (i) be
2    accredited by a national arbitration organization and have
3    had a minimum of 5 years of experience directly related to
4    labor and employment relations matters between employers
5    and employees or their exclusive bargaining
6    representatives and (ii) beginning September 1, 2012, have
7    participated in training provided or approved by the State
8    Board of Education for teacher dismissal hearing officers
9    so that he or she is familiar with issues generally
10    involved in evaluative and non-evaluative dismissals.
11        If notice to the teacher was sent before July 1, 2012
12    or, if the notice was sent on or after July 1, 2012, the
13    teacher has requested a hearing before a mutually selected
14    hearing officer, the board and the teacher or their legal
15    representatives within 3 business days shall alternately
16    strike one name from the list provided by the State Board
17    of Education until only one name remains. Unless waived by
18    the teacher, the teacher shall have the right to proceed
19    first with the striking. Within 3 business days of receipt
20    of the list provided by the State Board of Education, the
21    board and the teacher or their legal representatives shall
22    each have the right to reject all prospective hearing
23    officers named on the list and notify the State Board of
24    Education of such rejection. Within 3 business days after
25    receiving this notification, the State Board of Education
26    shall appoint a qualified person from the master list who
		SB3330	- 20 -	LRB104 18726 LNS 32169 b
1    did not appear on the list sent to the parties to serve as
2    the hearing officer, unless the parties notify it that
3    they have chosen to alternatively select a hearing officer
4    under paragraph (4) of this subsection (d).
5        If the teacher has requested a hearing before a
6    hearing officer selected by the board, the board shall
7    select one name from the master list of qualified
8    impartial hearing officers maintained by the State Board
9    of Education within 3 business days after receipt and
10    shall notify the State Board of Education of its
11    selection.
12        A hearing officer mutually selected by the parties,
13    selected by the board, or selected through an alternative
14    selection process under paragraph (4) of this subsection
15    (d) (A) must not be a resident of the school district, (B)
16    must be available to commence the hearing within 75 days
17    and conclude the hearing within 120 days after being
18    selected as the hearing officer, and (C) must issue a
19    decision as to whether the teacher must be dismissed and
20    give a copy of that decision to both the teacher and the
21    board within 30 days from the conclusion of the hearing or
22    closure of the record, whichever is later.
23        Any hearing convened during a public health emergency
24    pursuant to Section 7 of the Illinois Emergency Management
25    Agency Act may be convened remotely. Any hearing officer
26    for a hearing convened during a public health emergency
		SB3330	- 21 -	LRB104 18726 LNS 32169 b
1    pursuant to Section 7 of the Illinois Emergency Management
2    Agency Act may voluntarily withdraw from the hearing and
3    another hearing officer shall be selected or appointed
4    pursuant to this Section.
5        In this paragraph, "pre-hearing procedures" refers to
6    the pre-hearing procedures under Section 51.55 of Title 23
7    of the Illinois Administrative Code and "hearing" refers
8    to the hearing under Section 51.60 of Title 23 of the
9    Illinois Administrative Code. Any teacher who has been
10    charged with engaging in acts of corporal punishment,
11    physical abuse, grooming, or sexual misconduct and who
12    previously paused pre-hearing procedures or a hearing
13    pursuant to Public Act 101-643 must proceed with selection
14    of a hearing officer or hearing date, or both, within the
15    timeframes established by this paragraph (3) and
16    paragraphs (4) through (6) of this subsection (d), unless
17    the timeframes are mutually waived in writing by both
18    parties, and all timelines set forth in this Section in
19    cases concerning corporal punishment, physical abuse,
20    grooming, or sexual misconduct shall be reset to begin the
21    day after April 22, 2022 (the effective date of Public Act
22    102-708). Any teacher charged with engaging in acts of
23    corporal punishment, physical abuse, grooming, or sexual
24    misconduct on or after April 22, 2022 (the effective date
25    of Public Act 102-708) may not pause pre-hearing
26    procedures or a hearing.
		SB3330	- 22 -	LRB104 18726 LNS 32169 b
1        (4) In the alternative to selecting a hearing officer
2    from the list received from the State Board of Education
3    or accepting the appointment of a hearing officer by the
4    State Board of Education or if the State Board of
5    Education cannot provide a list or appoint a hearing
6    officer that meets the foregoing requirements, the board
7    and the teacher or their legal representatives may
8    mutually agree to select an impartial hearing officer who
9    is not on the master list either by direct appointment by
10    the parties or by using procedures for the appointment of
11    an arbitrator established by the Federal Mediation and
12    Conciliation Service or the American Arbitration
13    Association. The parties shall notify the State Board of
14    Education of their intent to select a hearing officer
15    using an alternative procedure within 3 business days of
16    receipt of a list of prospective hearing officers provided
17    by the State Board of Education, notice of appointment of
18    a hearing officer by the State Board of Education, or
19    receipt of notice from the State Board of Education that
20    it cannot provide a list that meets the foregoing
21    requirements, whichever is later.
22        (5) If the notice of dismissal was sent to the teacher
23    before July 1, 2012, the fees and costs for the hearing
24    officer must be paid by the State Board of Education. If
25    the notice of dismissal was sent to the teacher on or after
26    July 1, 2012, the hearing officer's fees and costs must be
		SB3330	- 23 -	LRB104 18726 LNS 32169 b
1    paid as follows in this paragraph (5). The fees and
2    permissible costs for the hearing officer must be
3    determined by the State Board of Education. If the board
4    and the teacher or their legal representatives mutually
5    agree to select an impartial hearing officer who is not on
6    a list received from the State Board of Education, they
7    may agree to supplement the fees determined by the State
8    Board to the hearing officer, at a rate consistent with
9    the hearing officer's published professional fees. If the
10    hearing officer is mutually selected by the parties, then
11    the board and the teacher or their legal representatives
12    shall each pay 50% of the fees and costs and any
13    supplemental allowance to which they agree. If the hearing
14    officer is selected by the board, then the board shall pay
15    100% of the hearing officer's fees and costs. The fees and
16    costs must be paid to the hearing officer within 14 days
17    after the board and the teacher or their legal
18    representatives receive the hearing officer's decision set
19    forth in paragraph (7) of this subsection (d).
20        (6) The teacher is required to answer the bill of
21    particulars and aver affirmative matters in his or her
22    defense, and the time for initially doing so and the time
23    for updating such answer and defenses after pre-hearing
24    discovery must be set by the hearing officer. The State
25    Board of Education shall promulgate rules so that each
26    party has a fair opportunity to present its case and to
		SB3330	- 24 -	LRB104 18726 LNS 32169 b
1    ensure that the dismissal process proceeds in a fair and
2    expeditious manner. These rules shall address, without
3    limitation, discovery and hearing scheduling conferences;
4    the teacher's initial answer and affirmative defenses to
5    the bill of particulars and the updating of that
6    information after pre-hearing discovery; provision for
7    written interrogatories and requests for production of
8    documents; the requirement that each party initially
9    disclose to the other party and then update the disclosure
10    no later than 10 calendar days prior to the commencement
11    of the hearing, the names and addresses of persons who may
12    be called as witnesses at the hearing, a summary of the
13    facts or opinions each witness will testify to, and all
14    other documents and materials, including information
15    maintained electronically, relevant to its own as well as
16    the other party's case (the hearing officer may exclude
17    witnesses and exhibits not identified and shared, except
18    those offered in rebuttal for which the party could not
19    reasonably have anticipated prior to the hearing);
20    pre-hearing discovery and preparation, including provision
21    for written interrogatories and requests for production of
22    documents, provided that discovery depositions are
23    prohibited; the conduct of the hearing; the right of each
24    party to be represented by counsel, the offer of evidence
25    and witnesses and the cross-examination of witnesses; the
26    authority of the hearing officer to issue subpoenas and
		SB3330	- 25 -	LRB104 18726 LNS 32169 b
1    subpoenas duces tecum, provided that the hearing officer
2    may limit the number of witnesses to be subpoenaed on
3    behalf of each party to no more than 7; the length of
4    post-hearing briefs; and the form, length, and content of
5    hearing officers' decisions. The hearing officer shall
6    hold a hearing and render a final decision for dismissal
7    pursuant to Article 24A of this Code or shall report to the
8    school board findings of fact and a recommendation as to
9    whether or not the teacher must be dismissed for conduct.
10    The hearing officer shall commence the hearing within 75
11    days and conclude the hearing within 120 days after being
12    selected as the hearing officer, provided that the hearing
13    officer may modify these timelines upon the showing of
14    good cause or mutual agreement of the parties. Good cause
15    for the purpose of this subsection (d) shall mean the
16    illness or otherwise unavoidable emergency of the teacher,
17    district representative, their legal representatives, the
18    hearing officer, or an essential witness as indicated in
19    each party's pre-hearing submission. In a dismissal
20    hearing pursuant to Article 24A of this Code in which a
21    witness is a student or is under the age of 18, the hearing
22    officer must make accommodations for the witness, as
23    provided under paragraph (6.5) of this subsection. The
24    hearing officer shall consider and give weight to all of
25    the teacher's evaluations written pursuant to Article 24A
26    that are relevant to the issues in the hearing.
		SB3330	- 26 -	LRB104 18726 LNS 32169 b
1        Each party shall have no more than 3 days to present
2    its case, unless extended by the hearing officer to enable
3    a party to present adequate evidence and testimony,
4    including due to the other party's cross-examination of
5    the party's witnesses, for good cause or by mutual
6    agreement of the parties. The State Board of Education
7    shall define in rules the meaning of "day" for such
8    purposes. All testimony at the hearing shall be taken
9    under oath administered by the hearing officer. The
10    hearing officer shall cause a record of the proceedings to
11    be kept and shall employ a competent reporter to take
12    stenographic or stenotype notes of all the testimony. The
13    costs of the reporter's attendance and services at the
14    hearing shall be paid by the party or parties who are
15    responsible for paying the fees and costs of the hearing
16    officer. Either party desiring a transcript of the hearing
17    shall pay for the cost thereof. Any post-hearing briefs
18    must be submitted by the parties by no later than 21 days
19    after a party's receipt of the transcript of the hearing,
20    unless extended by the hearing officer for good cause or
21    by mutual agreement of the parties.
22        (6.5) In the case of charges involving any witness who
23    is or was at the time of the alleged conduct a student or a
24    person under the age of 18, the hearing officer shall make
25    accommodations to protect a witness from being
26    intimidated, traumatized, or re-traumatized. No alleged
		SB3330	- 27 -	LRB104 18726 LNS 32169 b
1    victim or other witness who is or was at the time of the
2    alleged conduct a student or under the age of 18 may be
3    compelled to testify in the physical or visual presence of
4    a teacher or other witness. If such a witness invokes this
5    right, then the hearing officer must provide an
6    accommodation consistent with the invoked right and use a
7    procedure by which each party may hear such witness's
8    testimony. Accommodations may include, but are not limited
9    to: (i) testimony made via a telecommunication device in a
10    location other than the hearing room and outside the
11    physical or visual presence of the teacher and other
12    hearing participants, but accessible to the teacher via a
13    telecommunication device, (ii) testimony made in the
14    hearing room but outside the physical presence of the
15    teacher and accessible to the teacher via a
16    telecommunication device, (iii) non-public testimony, (iv)
17    testimony made via videoconference with the cameras and
18    microphones of the teacher turned off, or (v) pre-recorded
19    testimony, including, but not limited to, a recording of a
20    forensic interview conducted at an accredited Children's
21    Advocacy Center. With all accommodations, the hearing
22    officer shall give such testimony the same consideration
23    as if the witness testified without the accommodation. The
24    teacher may not directly, or through a representative,
25    question a witness called by the school board who is or was
26    a student or under 18 years of age at the time of the
		SB3330	- 28 -	LRB104 18726 LNS 32169 b
1    alleged conduct. The hearing officer must permit the
2    teacher to submit all relevant questions and follow-up
3    questions for such a witness to have the questions posed
4    by the hearing officer. All questions must exclude
5    evidence of the witness' sexual behavior or
6    predisposition, unless the evidence is offered to prove
7    that someone other than the teacher subject to the
8    dismissal hearing engaged in the charge at issue.
9        (7) The hearing officer shall, within 30 days from the
10    conclusion of the hearing or closure of the record,
11    whichever is later, make a decision as to whether or not
12    the teacher shall be dismissed pursuant to Article 24A of
13    this Code or report to the school board findings of fact
14    and a recommendation as to whether or not the teacher
15    shall be dismissed for cause and shall give a copy of the
16    decision or findings of fact and recommendation to both
17    the teacher and the school board. If a hearing officer
18    fails without good cause, specifically provided in writing
19    to both parties and the State Board of Education, to
20    render a decision or findings of fact and recommendation
21    within 30 days after the hearing is concluded or the
22    record is closed, whichever is later, the parties may
23    mutually agree to select a hearing officer pursuant to the
24    alternative procedure, as provided in this Section, to
25    rehear the charges heard by the hearing officer who failed
26    to render a decision or findings of fact and
		SB3330	- 29 -	LRB104 18726 LNS 32169 b
1    recommendation or to review the record and render a
2    decision. If any hearing officer fails without good cause,
3    specifically provided in writing to both parties and the
4    State Board of Education, to render a decision or findings
5    of fact and recommendation within 30 days after the
6    hearing is concluded or the record is closed, whichever is
7    later, or if any hearing officer fails to make an
8    accommodation as described in paragraph (6.5), the hearing
9    officer shall be removed from the master list of hearing
10    officers maintained by the State Board of Education for
11    not more than 24 months. The parties and the State Board of
12    Education may also take such other actions as it deems
13    appropriate, including recovering, reducing, or
14    withholding any fees paid or to be paid to the hearing
15    officer. If any hearing officer repeats such failure, he
16    or she must be permanently removed from the master list
17    maintained by the State Board of Education and may not be
18    selected by parties through the alternative selection
19    process under this paragraph (7) or paragraph (4) of this
20    subsection (d). The board shall not lose jurisdiction to
21    discharge a teacher if the hearing officer fails to render
22    a decision or findings of fact and recommendation within
23    the time specified in this Section. If the decision of the
24    hearing officer for dismissal pursuant to Article 24A of
25    this Code or of the school board for dismissal for cause is
26    in favor of the teacher, then the hearing officer or
		SB3330	- 30 -	LRB104 18726 LNS 32169 b
1    school board shall order reinstatement to the same or
2    substantially equivalent position and shall determine the
3    amount for which the school board is liable, including,
4    but not limited to, loss of income and benefits.
5        (8) The school board, within 45 days after receipt of
6    the hearing officer's findings of fact and recommendation
7    as to whether (i) the conduct at issue occurred, (ii) the
8    conduct that did occur was remediable, and (iii) the
9    proposed dismissal should be sustained, shall issue a
10    written order as to whether the teacher must be retained
11    or dismissed for cause from its employ. The school board's
12    written order shall incorporate the hearing officer's
13    findings of fact, except that the school board may modify
14    or supplement the findings of fact if, in its opinion, the
15    findings of fact are against the manifest weight of the
16    evidence.
17        If the school board dismisses the teacher
18    notwithstanding the hearing officer's findings of fact and
19    recommendation, the school board shall make a conclusion
20    in its written order, giving its reasons therefor, and
21    such conclusion and reasons must be included in its
22    written order. The failure of the school board to strictly
23    adhere to the timelines contained in this Section shall
24    not render it without jurisdiction to dismiss the teacher.
25    The school board shall not lose jurisdiction to discharge
26    the teacher for cause if the hearing officer fails to
		SB3330	- 31 -	LRB104 18726 LNS 32169 b
1    render a recommendation within the time specified in this
2    Section. The decision of the school board is final, unless
3    reviewed as provided in paragraph (9) of this subsection
4    (d).
5        If the school board retains the teacher, the school
6    board shall enter a written order stating the amount of
7    back pay and lost benefits, less mitigation, to be paid to
8    the teacher, within 45 days after its retention order.
9    Should the teacher object to the amount of the back pay and
10    lost benefits or amount mitigated, the teacher shall give
11    written objections to the amount within 21 days. If the
12    parties fail to reach resolution within 7 days, the
13    dispute shall be referred to the hearing officer, who
14    shall consider the school board's written order and
15    teacher's written objection and determine the amount to
16    which the school board is liable. The costs of the hearing
17    officer's review and determination must be paid by the
18    board.
19        (9) The decision of the hearing officer pursuant to
20    Article 24A of this Code or of the school board's decision
21    to dismiss for cause is final unless reviewed as provided
22    in Section 24-16 of this Code. If the school board's
23    decision to dismiss for cause is contrary to the hearing
24    officer's recommendation, the court on review shall give
25    consideration to the school board's decision and its
26    supplemental findings of fact, if applicable, and the
		SB3330	- 32 -	LRB104 18726 LNS 32169 b
1    hearing officer's findings of fact and recommendation in
2    making its decision. In the event such review is
3    instituted, the school board shall be responsible for
4    preparing and filing the record of proceedings, and such
5    costs associated therewith must be divided equally between
6    the parties.
7        (10) If a decision of the hearing officer for
8    dismissal pursuant to Article 24A of this Code or of the
9    school board for dismissal for cause is adjudicated upon
10    review or appeal in favor of the teacher, then the trial
11    court shall order reinstatement and shall remand the
12    matter to the school board with direction for entry of an
13    order setting the amount of back pay, lost benefits, and
14    costs, less mitigation. Post reinstatement, the mutually 
15    selected hearing officer shall maintain jurisdiction over 
16    the back pay so that the [The] teacher may challenge and the 
17    hearing officer may potentially amend the school board's
18    order setting the amount of back pay, lost benefits,
19    interest, and costs, including, but not limited to, 
20    attorney's fees, less mitigation, through an expedited
21    arbitration procedure, with the costs of the arbitrator
22    borne by the school board.
23        Any teacher who is reinstated by any hearing or
24    adjudication brought under this Section shall be assigned
25    by the board to a position substantially similar to the
26    one which that teacher held prior to that teacher's
		SB3330	- 33 -	LRB104 18726 LNS 32169 b
1    suspension or dismissal.
2        (11) Subject to any later effective date referenced in
3    this Section for a specific aspect of the dismissal
4    process, the changes made by Public Act 97-8 shall apply
5    to dismissals instituted on or after September 1, 2011.
6    Any dismissal instituted prior to September 1, 2011 must
7    be carried out in accordance with the requirements of this
8    Section prior to amendment by Public Act 97-8.
9    (e) Nothing contained in Public Act 98-648 repeals,
10supersedes, invalidates, or nullifies final decisions in
11lawsuits pending on July 1, 2014 (the effective date of Public
12Act 98-648) in Illinois courts involving the interpretation of
13Public Act 97-8.
14(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
15103-398, eff. 1-1-24; 103-500, eff. 8-4-23; 103-605, eff.
167-1-24.)