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 51.75 - The Decision: School Districts Organized under Article 34 of the School Code

Current through Register Vol. 48, No. 28, July 12, 2024
When a hearing is held under Section 34-85 of the School Code
				  regarding performance pursuant to Article 24A of the School Code or conduct,
the hearing officer shall, within 30 calendar days after the conclusion
				  of the hearing, report to the general superintendent findings of fact and a
				  recommendation as to whether the teacher or principal shall be
				  dismissed
(Section 34-85(a)(6) of the School Code). The hearing
				  officer shall provide a copy of the findings of fact and recommendation issued
				  pursuant to this Section to the State Board by certified mail addressed to the
				  Chief Legal Officer, Illinois State Board of Education, 555 W. Monroe Street,
				  Suite 900, Chicago IL 60661.
a) In a
				dismissal hearing regarding performance pursuant to Article 24A of the School
				Code,
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
				34-85(a)(5) of the School Code)
b)
The hearing officer shall report to the general superintendent findings
				of fact and a recommendation as to whether the teacher or principal shall be
				dismissed and shall give a copy of the report to both the teacher or principal
				and the general superintendent
(Section 34-85(a)(6) of the School
				Code). A copy of the hearing officer's findings of fact and recommendation
				shall be given by certified mail to the tenured teacher or the tenured
				teacher's legal representatives of record.
c)
If any hearing officer fails
				without good cause, specifically provided in writing to both parties and the
				State Board of Education, to render findings of fact and recommendation within
				90 days after closing of the record and receipt of post-hearing briefs, or if
				any hearing officer fails to make an accommodation pursuant to
Section
				34-85(a)(5.5) of the School Code,
the hearing officer shall be removed
				from the list of hearing officers developed pursuant to
Section
				34-85(a)(3) of the School Code,
and the master list of qualified hearing
				officers maintained by the State Board of Education for not more than 24
				months. The parties and the State Board of Education may also take such other
				action
as described in Section 34-85(a)(6.5) of the School Code (see
				Section 34-85(a)(6.5) of the School Code or Public Act 103-354).
d) The decision of the hearing officer
				regarding dismissal due to either performance or conduct rendered pursuant to
				Section 34-85 of the SchoolCode is the findings of fact and recommendation to
				the Board.
1) The Board shall make a decision
				as to whether the tenured teacher shall be dismissed within 45 days after
				receiving the hearing officer's report of findings and
				recommendation.
2) A copy of the
				Board's decision 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.
3) The Board's decision to dismiss a tenured
				teacher from its employ is final unless reviewed under the Administrative
				Review Law, as provided in Section 34-85b of the School Code, with the review
				required to be initiated in the Illinois Appellate Court for the First District
				(see Section 34-85(a)(8) 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 costs of preparing and filing the record equally.
B) The record of the hearing shall contain
				each of the items enumerated in Section
				51.70(b)(3)(B).
4) Pursuant to Section 34-85(a)(7)
				of the School Code,
the failure of the board to strictly adhere to the
				timeline set forth
in subsection (d)(1) of this Section
does
				not render it without jurisdiction to dismiss the tenured
				teacher
.