SCH CD-TEACHER DISMISSAL

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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,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Section
5
24-12 as follows:

6

(105 ILCS 5/24-12)
7

Sec. 24-12.
Removal or dismissal of teachers in
8
contractual continued service.
9

(a) This subsection (a) applies only to honorable
10
dismissals and recalls in which the notice of dismissal is
11
provided on or before the end of the 2010-2011 school term. If
12
a teacher in contractual continued service is removed or
13
dismissed as a result of a decision of the board to decrease
14
the number of teachers employed by the board or to discontinue
15
some particular type of teaching service, written notice shall
16
be mailed to the teacher and also given the teacher either by
17
certified mail, return receipt requested or personal delivery
18
with receipt at least 60 days before the end of the school
19
term, together with a statement of honorable dismissal and the
20
reason therefor, and in all such cases the board shall first
21
remove or dismiss all teachers who have not entered upon
22
contractual continued service before removing or dismissing
23
any teacher who has entered upon contractual continued service

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1
and who is legally qualified to hold a position currently held
2
by a teacher who has not entered upon contractual continued
3
service.
4

As between teachers who have entered upon contractual
5
continued service, the teacher or teachers with the shorter
6
length of continuing service with the district shall be
7
dismissed first unless an alternative method of determining
8
the sequence of dismissal is established in a collective
9
bargaining agreement or contract between the board and a
10
professional faculty members' organization and except that
11
this provision shall not impair the operation of any
12
affirmative action program in the district, regardless of
13
whether it exists by operation of law or is conducted on a
14
voluntary basis by the board. Any teacher dismissed as a
15
result of such decrease or discontinuance shall be paid all
16
earned compensation on or before the third business day
17
following the last day of pupil attendance in the regular
18
school term.
19

If the board has any vacancies for the following school
20
term or within one calendar year from the beginning of the
21
following school term, the positions thereby becoming
22
available shall be tendered to the teachers so removed or
23
dismissed so far as they are legally qualified to hold such
24
positions; provided, however, that if the number of honorable
25
dismissal notices based on economic necessity exceeds 15% of
26
the number of full-time equivalent positions filled by

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1
certified employees (excluding principals and administrative
2
personnel) during the preceding school year, then if the board
3
has any vacancies for the following school term or within 2
4
calendar years from the beginning of the following school
5
term, the positions so becoming available shall be tendered to
6
the teachers who were so notified and removed or dismissed
7
whenever they are legally qualified to hold such positions.
8
Each board shall, in consultation with any exclusive employee
9
representatives, each year establish a list, categorized by
10
positions, showing the length of continuing service of each
11
teacher who is qualified to hold any such positions, unless an
12
alternative method of determining a sequence of dismissal is
13
established as provided for in this Section, in which case a
14
list shall be made in accordance with the alternative method.
15
Copies of the list shall be distributed to the exclusive
16
employee representative on or before February 1 of each year.
17
Whenever the number of honorable dismissal notices based upon
18
economic necessity exceeds 5, or 150% of the average number of
19
teachers honorably dismissed in the preceding 3 years,
20
whichever is more, then the board also shall hold a public
21
hearing on the question of the dismissals. Following the
22
hearing and board review, the action to approve any such
23
reduction shall require a majority vote of the board members.
24

(b) If any teacher, whether or not in contractual
25
continued service, is removed or dismissed as a result of a
26
decision of a school board to decrease the number of teachers

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1
employed by the board, a decision of a school board to
2
discontinue some particular type of teaching service, or a
3
reduction in the number of programs or positions in a special
4
education joint agreement, then written notice must be mailed
5
to the teacher and also given to the teacher either by
6
electronic mail, certified mail, return receipt requested, or
7
personal delivery with receipt on or before April 15, together
8
with a statement of honorable dismissal and the reason
9
therefor, and in all such cases the sequence of dismissal
10
shall occur in accordance with this subsection (b); except
11
that this subsection (b) shall not impair the operation of any
12
affirmative action program in the school district, regardless
13
of whether it exists by operation of law or is conducted on a
14
voluntary basis by the board.
15

Each teacher must be categorized into one or more
16
positions for which the teacher is qualified to hold, based
17
upon legal qualifications and any other qualifications
18
established in a district or joint agreement job description,
19
on or before the May 10 prior to the school year during which
20
the sequence of dismissal is determined. Within each position
21
and subject to agreements made by the joint committee on
22
honorable dismissals that are authorized by subsection (c) of
23
this Section, the school district or joint agreement must
24
establish 4 groupings of teachers qualified to hold the
25
position as follows:
26

(1) Grouping one shall consist of each teacher who is

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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
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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
11
be dismissed in the order of their groupings, with teachers in
12
grouping one dismissed first and teachers in grouping 4
13
dismissed last.
14

Within grouping one, the sequence of dismissal must be at
15
the discretion of the school district or joint agreement.
16
Within grouping 2, the sequence of dismissal must be based
17
upon average performance evaluation ratings, with the teacher
18
or teachers with the lowest average performance evaluation
19
rating dismissed first. A teacher's average performance
20
evaluation rating must be calculated using the average of the
21
teacher's last 2 performance evaluation ratings, if 2 ratings
22
are available, or the teacher's last performance evaluation
23
rating, if only one rating is available, using the following
24
numerical values: 4 for Excellent; 3 for Proficient or
25
Satisfactory; 2 for Needs Improvement; and 1 for
26
Unsatisfactory. As between or among teachers in grouping 2

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1
with the same average performance evaluation rating and within
2
each of groupings 3 and 4, the teacher or teachers with the
3
shorter length of continuing service with the school district
4
or joint agreement must be dismissed first unless an
5
alternative method of determining the sequence of dismissal is
6
established in a collective bargaining agreement or contract
7
between the board and a professional faculty members'
8
organization.
9

Each board, including the governing board of a joint
10
agreement, shall, in consultation with any exclusive employee
11
representatives, each year establish a sequence of honorable
12
dismissal list categorized by positions and the groupings
13
defined in this subsection (b). Copies of the list showing
14
each teacher by name, along with the race or ethnicity of the
15
teacher if provided by the teacher, and categorized by
16
positions and the groupings defined in this subsection (b)
17
must be distributed to the exclusive bargaining representative
18
at least 75 days before the end of the school term, provided
19
that the school district or joint agreement may, with notice
20
to any exclusive employee representatives, move teachers from
21
grouping one into another grouping during the period of time
22
from 75 days until April 15. Each year, each board shall also
23
establish, in consultation with any exclusive employee
24
representatives, a list showing the length of continuing
25
service of each teacher who is qualified to hold any such
26
positions, unless an alternative method of determining a

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1
sequence of dismissal is established as provided for in this
2
Section, in which case a list must be made in accordance with
3
the alternative method. Copies of the list must be distributed
4
to the exclusive employee representative at least 75 days
5
before the end of the school term.
6

Any teacher dismissed as a result of such decrease or
7
discontinuance must be paid all earned compensation on or
8
before the third business day following the last day of pupil
9
attendance in the regular school term.
10

If the board or joint agreement has any vacancies for the
11
following school term or within one calendar year from the
12
beginning of the following school term, the positions thereby
13
becoming available must be tendered to the teachers so removed
14
or dismissed who were in grouping 3 or 4 of the sequence of
15
dismissal and are qualified to hold the positions, based upon
16
legal qualifications and any other qualifications established
17
in a district or joint agreement job description, on or before
18
the May 10 prior to the date of the positions becoming
19
available, provided that if the number of honorable dismissal
20
notices based on economic necessity exceeds 15% of the number
21
of full-time equivalent positions filled by certified
22
employees (excluding principals and administrative personnel)
23
during the preceding school year, then the recall period is
24
for the following school term or within 2 calendar years from
25
the beginning of the following school term. If the board or
26
joint agreement has any vacancies within the period from the

SB3330
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LRB104 18726 LNS 32169 b
1
beginning of the following school term through February 1 of
2
the following school term (unless a date later than February
3
1, but no later than 6 months from the beginning of the
4
following school term, is established in a collective
5
bargaining agreement), the positions thereby becoming
6
available must be tendered to the teachers so removed or
7
dismissed who were in grouping 2 of the sequence of dismissal
8
due to one "needs improvement" rating on either of the
9
teacher's last 2 performance evaluation ratings, provided
10
that, if 2 ratings are available, the other performance
11
evaluation rating used for grouping purposes is
12
"satisfactory", "proficient", or "excellent", and are
13
qualified to hold the positions, based upon legal
14
qualifications and any other qualifications established in a
15
district or joint agreement job description, on or before the
16
May 10 prior to the date of the positions becoming available.
17
On and after July 1, 2014 (the effective date of Public Act
18
98-648), the preceding sentence shall apply to teachers
19
removed or dismissed by honorable dismissal, even if notice of
20
honorable dismissal occurred during the 2013-2014 school year.
21
Among teachers eligible for recall pursuant to the preceding
22
sentence, the order of recall must be in inverse order of
23
dismissal, unless an alternative order of recall is
24
established in a collective bargaining agreement or contract
25
between the board and a professional faculty members'
26
organization. Whenever the number of honorable dismissal

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1
notices based upon economic necessity exceeds 5 notices or
2
150% of the average number of teachers honorably dismissed in
3
the preceding 3 years, whichever is more, then the school
4
board or governing board of a joint agreement, as applicable,
5
shall also hold a public hearing on the question of the
6
dismissals. Following the hearing and board review, the action
7
to approve any such reduction shall require a majority vote of
8
the board members.
9

For purposes of this subsection (b), subject to agreement
10
on an alternative definition reached by the joint committee
11
described in subsection (c) of this Section, a teacher's
12
performance evaluation rating means the overall performance
13
evaluation rating resulting from an annual or biennial
14
performance evaluation conducted pursuant to Article 24A of
15
this Code by the school district or joint agreement
16
determining the sequence of dismissal, not including any
17
performance evaluation conducted during or at the end of a
18
remediation period. No more than one evaluation rating each
19
school term shall be one of the evaluation ratings used for the
20
purpose of determining the sequence of dismissal. Except as
21
otherwise provided in this subsection for any performance
22
evaluations conducted during or at the end of a remediation
23
period, if multiple performance evaluations are conducted in a
24
school term, only the rating from the last evaluation
25
conducted prior to establishing the sequence of honorable
26
dismissal list in such school term shall be the one evaluation

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1
rating from that school term used for the purpose of
2
determining the sequence of dismissal. Averaging ratings from
3
multiple evaluations is not permitted unless otherwise agreed
4
to in a collective bargaining agreement or contract between
5
the board and a professional faculty members' organization.
6
The preceding 3 sentences are not a legislative declaration
7
that existing law does or does not already require that only
8
one performance evaluation each school term shall be used for
9
the purpose of determining the sequence of dismissal. For
10
performance evaluation ratings determined prior to September
11
1, 2012, any school district or joint agreement with a
12
performance evaluation rating system that does not use either
13
of the rating category systems specified in subsection (d) of
14
Section 24A-5 of this Code for all teachers must establish a
15
basis for assigning each teacher a rating that complies with
16
subsection (d) of Section 24A-5 of this Code for all of the
17
performance evaluation ratings that are to be used to
18
determine the sequence of dismissal. A teacher's grouping and
19
ranking on a sequence of honorable dismissal shall be deemed a
20
part of the teacher's performance evaluation, and that
21
information shall be disclosed to the exclusive bargaining
22
representative as part of a sequence of honorable dismissal
23
list, notwithstanding any laws prohibiting disclosure of such
24
information. A performance evaluation rating may be used to
25
determine the sequence of dismissal, notwithstanding the
26
pendency of any grievance resolution or arbitration procedures

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1
relating to the performance evaluation. If a teacher has
2
received at least one performance evaluation rating conducted
3
by the school district or joint agreement determining the
4
sequence of dismissal and a subsequent performance evaluation
5
is not conducted in any school year in which such evaluation is
6
required to be conducted under Section 24A-5 of this Code, the
7
teacher's performance evaluation rating for that school year
8
for purposes of determining the sequence of dismissal is
9
deemed Proficient, except that, during any time in which the
10
Governor has declared a disaster due to a public health
11
emergency pursuant to Section 7 of the Illinois Emergency
12
Management Agency Act, this default to Proficient does not
13
apply to any teacher who has entered into contractual
14
continued service and who was deemed Excellent on his or her
15
most recent evaluation. During any time in which the Governor
16
has declared a disaster due to a public health emergency
17
pursuant to Section 7 of the Illinois Emergency Management
18
Agency Act and unless the school board and any exclusive
19
bargaining representative have completed the performance
20
rating for teachers or have mutually agreed to an alternate
21
performance rating, any teacher who has entered into
22
contractual continued service, whose most recent evaluation
23
was deemed Excellent, and whose performance evaluation is not
24
conducted when the evaluation is required to be conducted
25
shall receive a teacher's performance rating deemed Excellent.
26
A school board and any exclusive bargaining representative may

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LRB104 18726 LNS 32169 b
1
mutually agree to an alternate performance rating for teachers
2
not in contractual continued service during any time in which
3
the Governor has declared a disaster due to a public health
4
emergency pursuant to Section 7 of the Illinois Emergency
5
Management Agency Act, as long as the agreement is in writing.
6
If a performance evaluation rating is nullified as the result
7
of an arbitration, administrative agency, or court
8
determination, then the school district or joint agreement is
9
deemed to have conducted a performance evaluation for that
10
school year, but the performance evaluation rating may not be
11
used in determining the sequence of dismissal.
12

Nothing in this subsection (b) shall be construed as
13
limiting the right of a school board or governing board of a
14
joint agreement to dismiss a teacher not in contractual
15
continued service in accordance with Section 24-11 of this
16
Code.
17

Any provisions regarding the sequence of honorable
18
dismissals and recall of honorably dismissed teachers in a
19
collective bargaining agreement entered into on or before
20
January 1, 2011 and in effect on June 13, 2011 (the effective
21
date of Public Act 97-8) that may conflict with Public Act 97-8
22
shall remain in effect through the expiration of such
23
agreement or June 30, 2013, whichever is earlier.
24

(c) Each school district and special education joint
25
agreement must use a joint committee composed of equal
26
representation selected by the school board and its teachers

SB3330
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LRB104 18726 LNS 32169 b
1
or, if applicable, the exclusive bargaining representative of
2
its teachers, to address the matters described in paragraphs
3
(1) through (5) of this subsection (c) pertaining to honorable
4
dismissals 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
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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

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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
8
the majority vote of all committee members, and if the joint
9
committee does not reach agreement on a matter, then the
10
otherwise applicable requirements of subsection (b) of this
11
Section shall apply. Except as explicitly set forth in this
12
subsection (c), a joint committee has no authority to agree to
13
any further modifications to the requirements for honorable
14
dismissals set forth in subsection (b) of this Section. The
15
joint committee must be established, and the first meeting of
16
the joint committee each school year must occur on or before
17
December 1.
18

The joint committee must reach agreement on a matter on or
19
before February 1 of a school year in order for the agreement
20
of the joint committee to apply to the sequence of dismissal
21
determined during that school year. Subject to the February 1
22
deadline for agreements, the agreement of a joint committee on
23
a matter shall apply to the sequence of dismissal until the
24
agreement is amended or terminated by the joint committee.
25

The provisions of the Open Meetings Act shall not apply to
26
meetings of a joint committee created under this subsection

SB3330
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LRB104 18726 LNS 32169 b
1
(c).
2

(d) Notwithstanding anything to the contrary in this
3
subsection (d), the requirements and dismissal procedures of
4
Section 24-16.5 of this Code shall apply to any dismissal
5
sought 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
10
supersedes, invalidates, or nullifies final decisions in
11
lawsuits pending on July 1, 2014 (the effective date of Public
12
Act 98-648) in Illinois courts involving the interpretation of
13
Public Act 97-8.
14
(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
15
103-398, eff. 1-1-24; 103-500, eff. 8-4-23; 103-605, eff.
16
7-1-24.)

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