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

Current through Register Vol. 48, No. 28, July 12, 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).