Illinois Administrative Code
Title 23 - EDUCATION AND CULTURAL RESOURCES
Part 51 - DISMISSAL OF TENURED TEACHERS UNDER ARTICLE 24 AND DISMISSAL OF TENURED TEACHERS AND PRINCIPALS UNDER ARTICLE 34 OF THE SCHOOL CODE
Subpart B - STANDARD DISMISSAL PROCEDURES UNDER ARTICLES 24 AND 34 OF THE SCHOOL CODE
Section 51.30 - Notice of Charges to Tenured Teachers
Universal Citation: 23 IL Admin Code ยง 51.30
Current through Register Vol. 48, No. 38, September 20, 2024
The provision of notice of charges to the affected tenured teacher shall be as set forth in Section 24-12(d)(1) or 34-85 of the School Code, as applicable, and this Section.
a) Notice of Charges for School Districts Not Organized under Article 34 of the School Code
1) The notice shall be mailed by first-class
U.S. mail to the tenured teacher and provided either by electronic mail,
certified mail, return receipt requested, or personal delivery with receipt,
within five days after the Board's adoption of a motion for the dismissal (see
Section 24-12(d) of the School Code). If the teacher cannot be found by
diligent inquiry, then the charges may be sent by certified mail, return
receipt requested, at the teacher's last known address. A return receipt
showing delivery to the teacher's last known address within 20 calendar days
after the date of approval of the charges shall constitute proof of
service.
2) The notice shall
include a bill of particulars and inform the tenured teacher of the teacher's
right to request, in writing to the school district, a hearing within 17 days
after receiving the notice (see Section 24-12(d) of the School Code).
A) The notice shall inform the tenured
teacher of the requirement to copy the State Board on a request for a hearing
submitted pursuant to subsection (a)(3) addressed to the Chief Legal Officer,
Illinois State Board of Education, 555 W. Monroe Street, Suite 900, Chicago IL
60661.
B) In addition, any
written notice sent on or after July 1, 2012 shall inform the teacher of the
right to request a hearing before a mutually selected hearing officer, with the
cost of the hearing officer split equally between the teacher and the Board, or
a hearing before a Board-selected hearing officer, with the cost of the hearing
paid by the Board (Section 24-12(d)(1) of the School Code).
3) If the tenured teacher chooses
to have a hearing, then the tenured teacher shall submit a request for a
hearing in writing to the school district within the timeline set forth in
subsection (a)(2) that specifies the tenured teacher's desire to have the
hearing either before a mutually selected hearing officer or a Board-selected
hearing officer. The tenured teacher shall send a copy of the request for a
hearing to the Chief Legal Officer, Illinois State Board of Education, 555 W.
Monroe Street, Suite 900, Chicago IL 60661.
A)
Failure of the tenured teacher to notify the State Board of the tenured
teacher's request for a hearing is not jurisdictional.
B) If a tenured teacher fails to specify the
method by which a hearing officer is to be selected, then the hearing officer
shall be selected as set forth in Section
51.40(a)(3).
b) Notice of Charges for School Districts Organized under Article 34 of the School Code
1) The written notice shall be served upon
the tenured teacher within 10 business days after approval of the charges (see
Section 34-85(a) of the School Code). For purposes of this subsection (b)(1),
"service" shall be by first-class U.S. mail, and also either by certified mail,
return receipt requested, or personal delivery. If the tenured teacher cannot
be found upon diligent inquiry, then the charges may be served by certified
mail, return receipt requested, sent to the tenured teacher's last known
address. A return receipt showing delivery to the teacher's last known address
within 20 calendar days after the date of approval of the charges shall
constitute proof of service. (See Section 34-85(a)(1) of the School
Code.)
2) The notice shall include
the specifications of the dismissal and inform the tenured teacher of the right
to request, in writing to the general superintendent, a hearing within 17 days
after receiving the notice (see Section 34-85(a) of the School Code).
A) The notice shall inform the tenured
teacher or principal of the requirement to copy the State Board on a request
for a hearing submitted pursuant to subsection (b)(3) addressed to the Chief
Legal Officer, Illinois State Board of Education, 555 W. Monroe Street, Suite
900, Chicago IL 60661, if the teacher elects not to participate in the process
to select a hearing officer.
B) In
addition, any notice sent on or after July 1, 2012 shall inform the
teacher or principal of the right to request a hearing before a mutually
selected hearing officer, with the cost of the hearing officer split equally
between the teacher or principal and the Board, or a hearing before a qualified
hearing officer chosen by the general superintendent, with the cost of the
hearing officer paid by the Board (Section 34-85(a)(1) of the School
Code).
3) If the tenured
teacher chooses to have a hearing, then the tenured teacher shall submit a
request for a hearing in writing to the general superintendent within the
timeline set forth in subsection (b)(2) that specifies the tenured teacher's
desire to have the hearing either before a mutually selected hearing officer or
a hearing officer selected by the general superintendent. If the tenured
teacher elects not to participate in the process to select a hearing officer,
then the tenured teacher shall send a copy of the request for a hearing to the
Chief Legal Officer, Illinois State Board of Education, 555 W. Monroe Street,
Suite 900, Chicago IL 60661.
A) Failure of the
tenured teacher to notify the State Board on the tenured teacher's request for
a hearing is not jurisdictional.
B)
If a tenured teacher fails to specify the method by which a hearing officer is
to be selected, then the hearing officer shall be selected as set forth in
Section 51.40(b)(3).
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