Current through Register Vol. 48, No. 38, September 20, 2024
When a hearing is held under Section 24-12(d) of the School
Code, the hearing officer must, within 30 days after the hearing is
concluded or the record is closed, whichever is later, render
a final decision as to whether the tenured teacher shall be
dismissed pursuant to Article 24A of the School Code(unless the school district
pursues the dismissal under Subpart C of this Part) or findings of fact
and recommendation as to whether the teacher must be dismissed for
conduct (Sections 24-12(d)(7) of the School Code). The hearing officer
shall provide a copy of the decision or findings of fact and recommendation
issued pursuant to this Section to the State Board of Education by certified
mail addressed to the Chief Legal Officer, Illinois State Board of Education,
555 W. Monroe Street, Suite 900, Chicago IL 60661.
a) Dismissal Due to Performance Pursuant to
Article 24A of the School Code
1) In a
dismissal hearing regarding performance pursuant to Article 24A of the School
Code, the hearing officer shall render a decision in writing as to whether the
tenured teacher shall be dismissed. The hearing officer shall consider
and give weight to all of the teacher's evaluations, subject to their
introduction at the hearing, that are relevant to the issues in the
hearing (Section 24-12(d)(6) of the School Code).
2) A copy of the hearing officer's decision
shall be given by certified mail to both the tenured teacher and the Board or
their legal representatives of record.
3) The decision of the hearing officer is
final unless reviewed under the Administrative Review Law [735 ILCS 5/Art.
III], as provided in Section 24-16 of the School Code.
A) In the case of an administrative review,
the Board shall prepare and file the record of proceedings and the parties
shall share the cost equally of preparing and filing the record (see Section
24-12(d)(9) of the School Code).
B)
The record of the proceedings shall contain each of the items listed in this
subsection (a)(2)(B).
i) All pleadings and
exhibits (including all notices and responses), motions, and rulings.
ii) All evidence received.
iii) A statement of matters officially
noticed.
iv) Any offers of proof,
objections, and rulings on the proof and objections.
v) Any proposed findings and
exceptions.
vi) A transcript of the
hearing.
vii) The decision of the
hearing officer.
viii) Any other
material required under Section 10-35 of the Illinois Administrative Procedure
Act [5 ILCS
100/10-35] .
b) Dismissal Due to Conduct
Pursuant to Section 24-12(d) of the School Code
In a dismissal hearing regarding conduct pursuant to Section
24-12(d) of the School Code, the hearing officer shall issue findings
of fact and recommendation as to whether the conduct occurred, the conduct was
remediable, and the proposed dismissal should be sustained (Section
24-12(d)(8) of the School Code).
1) A
copy of the hearing officer's findings of fact and recommendation shall be
given by certified mail to both the tenured teacher and the Board, or their
legal representatives of record.
2)
The Board,
within 45 days after
receipt of the hearing
officer's findings of fact and recommendation rendered pursuant to
Section 24-12(d) of the School Code,
shall issue a written order as to
whether the teacher must be retained or dismissed for cause. (Section
24-12(d)(8) of the School Code) A copy of the Board's written order shall be
given by certified mail to the tenured teacher and the tenured teacher's legal
representatives of record and to the State Board at the address set forth in
this Section.
A) The order shall incorporate
the findings of fact, except that the school board may modify or supplement the
findings of fact if, in its opinion, the findings of fact are against the
manifest weight of the evidence. (Section 24-12(d)(8) of the School
Code)
B)
If the school
board dismisses the teacher notwithstanding the hearing officer's findings of
fact and recommendation, the school board shall make a conclusion in its
written order, giving its reasons therefor, and such conclusion and reasons
must be included in its written order. (Section 24-12(d)(8) of the
School Code)
3) The
decision of the Board, as set forth in its written order, is final unless
reviewed under the Administrative Review Law, as provided in Section 24-16 of
the School Code.
A) In the case of an
administrative review, the Board shall prepare and file the record of
proceedings and the parties shall share the cost equally of preparing and
filing the record (see Section 24-12(d)(10) of the School Code).
B) The record of the proceedings shall
contain each of the items listed in this subsection (b)(3)(B).
i) All pleadings and exhibits (including all
notices and responses), motions, and rulings.
ii) All evidence received.
iii) A statement of matters officially
noticed.
iv) Any offers of proof,
objections, and rulings on the proof and objections.
v) Any proposed findings and
exceptions.
vi) A transcript of the
hearing.
vii) The findings of fact
and recommendation of the hearing officer.
viii) The decision of the Board, as set forth
in its written order.
ix) Any other
material required under Section 10-35 of the Illinois Administrative Procedure
Act.
c) Pursuant to Section 24-12(d)(7) of the
School Code, if the hearing officer fails, without good cause specifically
provided in writing to the parties and the State Board, to render a decision
issued pursuant to subsection (a) or findings of fact and recommendation issued
pursuant to subsection (b) within 30 days after the later of the close of the
hearing or the record, or if the hearing officer fails to make an accommodation
as described in Section 24-12(d)(6.5) of the School Code, the parties may
mutually agree to select a hearing officer pursuant to the alternative
selection procedures provided under Section 24-12(d)(4) of the School Code to
rehear the charges or review the record and render a decision.
1)
If any hearing officer fails
without good cause, specifically provided in writing to both parties and the
State Board of Education, to render a decision or findings of fact within 30
days after the hearing is concluded or the record is closed, whichever is later
or if any hearing officer fails to make an accommodation as described
in Section 24-12(d)(6.5) of the School Code, the hearing
officer shall be removed from the master list of hearing officers maintained by
the State Board of Education for not more than 24 months.
2) The parties and the State Board may take
other actions as they deem appropriate regarding reducing fees paid to the
hearing officer.
3) If any hearing
officer repeats the failure described in subsection (c)(1), the State Board
shall remove the hearing officer permanently from the master list and prohibit
any party from selecting this hearing officer through the alternative selection
process in Section 24-12(d)(4) of the School Code.
d) Pursuant to Section 24-12(d)(7) of the
School Code, the Board shall not lose jurisdiction to discharge a
teacher if the hearing officer fails to render a decision within the applicable
time specified in this Section.
