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SB 2914

Illinois Senate•Passed

Summary

SB 2914, “SCH CD-REMOVE/DISMISS TEACHERS”, was introduced in the Senate on Jan 27, 2026 by Sen. Meg Loughran Cappel (D) with 14 co-sponsors. It last saw action on Jul 24, 2026: Public Act . . . . . . . . . 104-0647.

Record

Text

SB 2914 has 14 co-sponsors and 5 roll calls.

sb2914/enrolled.txt
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Full Text of SB2914
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	SB2914 - 104th General Assembly
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			Senate Amendment 001
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		SB2914 Enrolled		LRB104 17707 LNS 31138 b
    AN ACT concerning education.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The School Code is amended by changing Section
24-12 as follows:
    (105 ILCS 5/24-12)
    Sec. 24-12. Removal or dismissal of teachers in
contractual continued service.
    (a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
		SB2914 Enrolled	- 2 -	LRB104 17707 LNS 31138 b
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
    As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining
the sequence of dismissal is established in a collective
bargaining agreement or contract between the board and a
professional faculty members' organization and except that
this provision shall not impair the operation of any
affirmative action program in the district, regardless of
whether it exists by operation of law or is conducted on a
voluntary basis by the board. Any teacher dismissed as a
result of such decrease or discontinuance shall be paid all
earned compensation on or before the third business day
following the last day of pupil attendance in the regular
school term.
    If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or
dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time equivalent positions filled by
		SB2914 Enrolled	- 3 -	LRB104 17707 LNS 31138 b
certified employees (excluding principals and administrative
personnel) during the preceding school year, then if the board
has any vacancies for the following school term or within 2
calendar years from the beginning of the following school
term, the positions so becoming available shall be tendered to
the teachers who were so notified and removed or dismissed
whenever they are legally qualified to hold such positions.
Each board shall, in consultation with any exclusive employee
representatives, each year establish a list, categorized by
positions, showing the length of continuing service of each
teacher who is qualified to hold any such positions, unless an
alternative method of determining a sequence of dismissal is
established as provided for in this Section, in which case a
list shall be made in accordance with the alternative method.
Copies of the list shall be distributed to the exclusive
employee representative on or before February 1 of each year.
Whenever the number of honorable dismissal notices based upon
economic necessity exceeds 5, or 150% of the average number of
teachers honorably dismissed in the preceding 3 years,
whichever is more, then the board also shall hold a public
hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such
reduction shall require a majority vote of the board members.
    (b) If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
		SB2914 Enrolled	- 4 -	LRB104 17707 LNS 31138 b
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
electronic mail, certified mail, return receipt requested, or
personal delivery with receipt on or before April 15, together
with a statement of honorable dismissal and the reason
therefor, and in all such cases the sequence of dismissal
shall occur in accordance with this subsection (b); except
that this subsection (b) shall not impair the operation of any
affirmative action program in the school district, regardless
of whether it exists by operation of law or is conducted on a
voluntary basis by the board.
    Each teacher must be categorized into one or more
positions for which the teacher is qualified to hold, based
upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the school year during which
the sequence of dismissal is determined. Within each position
and subject to agreements made by the joint committee on
honorable dismissals that are authorized by subsection (c) of
this Section, the school district or joint agreement must
establish 4 groupings of teachers qualified to hold the
position as follows:
        (1) Grouping one shall consist of each teacher who is
		SB2914 Enrolled	- 5 -	LRB104 17707 LNS 31138 b
    not in contractual continued service and who (i) has not
    received a performance evaluation rating, (ii) is employed
    for one school term or less to replace a teacher on leave,
    or (iii) is employed on a part-time basis. "Part-time
    basis" for the purposes of this subsection (b) means a
    teacher who is employed to teach less than a full-day,
    teacher workload or less than 5 days of the normal student
    attendance week, unless otherwise provided for in a
    collective bargaining agreement between the district and
    the exclusive representative of the district's teachers.
    For the purposes of this Section, a teacher (A) who is
    employed as a full-time teacher but who actually teaches
    or is otherwise present and participating in the
    district's educational program for less than a school term
    or (B) who, in the immediately previous school term, was
    employed on a full-time basis and actually taught or was
    otherwise present and participated in the district's
    educational program for 120 days or more is not considered
    employed on a part-time basis.
        (2) Grouping 2 shall consist of each teacher with a
    Needs Improvement or Unsatisfactory performance evaluation
    rating on either of the teacher's last 2 performance
    evaluation ratings.
        (3) Grouping 3 shall consist of each teacher with a
    performance evaluation rating of at least Satisfactory or
    Proficient on both of the teacher's last 2 performance
		SB2914 Enrolled	- 6 -	LRB104 17707 LNS 31138 b
    evaluation ratings, if 2 ratings are available, or on the
    teacher's last performance evaluation rating, if only one
    rating is available, unless the teacher qualifies for
    placement into grouping 4.
        (4) Grouping 4 shall consist of each teacher whose
    last 2 performance evaluation ratings are Excellent and
    each teacher with 2 Excellent performance evaluation
    ratings out of the teacher's last 3 performance evaluation
    ratings with a third rating of Satisfactory or Proficient.
    Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
    Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based
upon average performance evaluation ratings, with the teacher
or teachers with the lowest average performance evaluation
rating dismissed first. A teacher's average performance
evaluation rating must be calculated using the average of the
teacher's last 2 performance evaluation ratings, if 2 ratings
are available, or the teacher's last performance evaluation
rating, if only one rating is available, using the following
numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2
		SB2914 Enrolled	- 7 -	LRB104 17707 LNS 31138 b
with the same average performance evaluation rating and within
each of groupings 3 and 4, the teacher or teachers with the
shorter length of continuing service with the school district
or joint agreement must be dismissed first unless an
alternative method of determining the sequence of dismissal is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization.
    Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing
each teacher by name, along with the race or ethnicity of the
teacher if provided by the teacher, and categorized by
positions and the groupings defined in this subsection (b)
must be distributed to the exclusive bargaining representative
at least 75 days before the end of the school term, provided
that the school district or joint agreement may, with notice
to any exclusive employee representatives, move teachers from
grouping one into another grouping during the period of time
from 75 days until April 15. Each year, each board shall also
establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
		SB2914 Enrolled	- 8 -	LRB104 17707 LNS 31138 b
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
    Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
    If the board or joint agreement has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in grouping 3 or 4 of the sequence of
dismissal and are qualified to hold the positions, based upon
legal qualifications and any other qualifications established
in a district or joint agreement job description, on or before
the May 10 prior to the date of the positions becoming
available, provided that if the number of honorable dismissal
notices based on economic necessity exceeds 15% of the number
of full-time equivalent positions filled by certified
employees (excluding principals and administrative personnel)
during the preceding school year, then the recall period is
for the following school term or within 2 calendar years from
the beginning of the following school term. If the board or
joint agreement has any vacancies within the period from the
		SB2914 Enrolled	- 9 -	LRB104 17707 LNS 31138 b
beginning of the following school term through February 1 of
the following school term (unless a date later than February
1, but no later than 6 months from the beginning of the
following school term, is established in a collective
bargaining agreement), the positions thereby becoming
available must be tendered to the teachers so removed or
dismissed who were in grouping 2 of the sequence of dismissal
due to one "needs improvement" rating on either of the
teacher's last 2 performance evaluation ratings, provided
that, if 2 ratings are available, the other performance
evaluation rating used for grouping purposes is
"satisfactory", "proficient", or "excellent", and are
qualified to hold the positions, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the date of the positions becoming available.
On and after July 1, 2014 (the effective date of Public Act
98-648), the preceding sentence shall apply to teachers
removed or dismissed by honorable dismissal, even if notice of
honorable dismissal occurred during the 2013-2014 school year.
Among teachers eligible for recall pursuant to the preceding
sentence, the order of recall must be in inverse order of
dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization. Whenever the number of honorable dismissal
		SB2914 Enrolled	- 10 -	LRB104 17707 LNS 31138 b
notices based upon economic necessity exceeds 5 notices or
150% of the average number of teachers honorably dismissed in
the preceding 3 years, whichever is more, then the school
board or governing board of a joint agreement, as applicable,
shall also hold a public hearing on the question of the
dismissals. Following the hearing and board review, the action
to approve any such reduction shall require a majority vote of
the board members.
    For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement
determining the sequence of dismissal, not including any
performance evaluation conducted during or at the end of a
remediation period. No more than one evaluation rating each
school term shall be one of the evaluation ratings used for the
purpose of determining the sequence of dismissal. Except as
otherwise provided in this subsection for any performance
evaluations conducted during or at the end of a remediation
period, if multiple performance evaluations are conducted in a
school term, only the rating from the last evaluation
conducted prior to establishing the sequence of honorable
dismissal list in such school term shall be the one evaluation
		SB2914 Enrolled	- 11 -	LRB104 17707 LNS 31138 b
rating from that school term used for the purpose of
determining the sequence of dismissal. Averaging ratings from
multiple evaluations is not permitted unless otherwise agreed
to in a collective bargaining agreement or contract between
the board and a professional faculty members' organization.
The preceding 3 sentences are not a legislative declaration
that existing law does or does not already require that only
one performance evaluation each school term shall be used for
the purpose of determining the sequence of dismissal. For
performance evaluation ratings determined prior to September
1, 2012, any school district or joint agreement with a
performance evaluation rating system that does not use either
of the rating category systems specified in subsection (d) of
Section 24A-5 of this Code for all teachers must establish a
basis for assigning each teacher a rating that complies with
subsection (d) of Section 24A-5 of this Code for all of the
performance evaluation ratings that are to be used to
determine the sequence of dismissal. A teacher's grouping and
ranking on a sequence of honorable dismissal shall be deemed a
part of the teacher's performance evaluation, and that
information shall be disclosed to the exclusive bargaining
representative as part of a sequence of honorable dismissal
list, notwithstanding any laws prohibiting disclosure of such
information. A performance evaluation rating may be used to
determine the sequence of dismissal, notwithstanding the
pendency of any grievance resolution or arbitration procedures
		SB2914 Enrolled	- 12 -	LRB104 17707 LNS 31138 b
relating to the performance evaluation. If a teacher has
received at least one performance evaluation rating conducted
by the school district or joint agreement determining the
sequence of dismissal and a subsequent performance evaluation
is not conducted in any school year in which such evaluation is
required to be conducted under Section 24A-5 of this Code, the
teacher's performance evaluation rating for that school year
for purposes of determining the sequence of dismissal is
deemed Proficient, except that, during any time in which the
Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, this default to Proficient does not
apply to any teacher who has entered into contractual
continued service and who was deemed Excellent on his or her
most recent evaluation. During any time in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act and unless the school board and any exclusive
bargaining representative have completed the performance
rating for teachers or have mutually agreed to an alternate
performance rating, any teacher who has entered into
contractual continued service, whose most recent evaluation
was deemed Excellent, and whose performance evaluation is not
conducted when the evaluation is required to be conducted
shall receive a teacher's performance rating deemed Excellent.
A school board and any exclusive bargaining representative may
		SB2914 Enrolled	- 13 -	LRB104 17707 LNS 31138 b
mutually agree to an alternate performance rating for teachers
not in contractual continued service during any time in which
the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act, as long as the agreement is in writing.
If a performance evaluation rating is nullified as the result
of an arbitration, administrative agency, or court
determination, then the school district or joint agreement is
deemed to have conducted a performance evaluation for that
school year, but the performance evaluation rating may not be
used in determining the sequence of dismissal.
    Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
    Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before
January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) that may conflict with Public Act 97-8
shall remain in effect through the expiration of such
agreement or June 30, 2013, whichever is earlier.
    (c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
		SB2914 Enrolled	- 14 -	LRB104 17707 LNS 31138 b
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
        (1) The joint committee must consider and may agree to
    criteria for excluding from grouping 2 and placing into
    grouping 3 a teacher whose last 2 performance evaluations
    include a Needs Improvement and either a Proficient or
    Excellent.
        (2) The joint committee must consider and may agree to
    an alternative definition for grouping 4, which definition
    must take into account prior performance evaluation
    ratings and may take into account other factors that
    relate to the school district's or program's educational
    objectives. An alternative definition for grouping 4 may
    not permit the inclusion of a teacher in the grouping with
    a Needs Improvement or Unsatisfactory performance
    evaluation rating on either of the teacher's last 2
    performance evaluation ratings.
        (3) The joint committee may agree to including within
    the definition of a performance evaluation rating a
    performance evaluation rating administered by a school
    district or joint agreement other than the school district
    or joint agreement determining the sequence of dismissal.
        (4) For each school district or joint agreement that
    administers performance evaluation ratings that are
		SB2914 Enrolled	- 15 -	LRB104 17707 LNS 31138 b
    inconsistent with either of the rating category systems
    specified in subsection (d) of Section 24A-5 of this Code,
    the school district or joint agreement must consult with
    the joint committee on the basis for assigning a rating
    that complies with subsection (d) of Section 24A-5 of this
    Code to each performance evaluation rating that will be
    used in a sequence of dismissal.
        (5) Upon request by a joint committee member submitted
    to the employing board by no later than 10 days after the
    distribution of the sequence of honorable dismissal list,
    a representative of the employing board shall, within 5
    days after the request, provide to members of the joint
    committee a list showing the most recent and prior
    performance evaluation ratings of each teacher identified
    only by length of continuing service in the district or
    joint agreement and not by name. If, after review of this
    list, a member of the joint committee has a good faith
    belief that a disproportionate number of teachers with
    greater length of continuing service with the district or
    joint agreement have received a recent performance
    evaluation rating lower than the prior rating, the member
    may request that the joint committee review the list to
    assess whether such a trend may exist. Following the joint
    committee's review, but by no later than the end of the
    applicable school term, the joint committee or any member
    or members of the joint committee may submit a report of
		SB2914 Enrolled	- 16 -	LRB104 17707 LNS 31138 b
    the review to the employing board and exclusive bargaining
    representative, if any. Nothing in this paragraph (5)
    shall impact the order of honorable dismissal or a school
    district's or joint agreement's authority to carry out a
    dismissal in accordance with subsection (b) of this
    Section.
    Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.
    The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
    The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
		SB2914 Enrolled	- 17 -	LRB104 17707 LNS 31138 b
(c).
    (d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
        (1) If a dismissal of a teacher in contractual
    continued service is sought for any reason or cause other
    than an honorable dismissal under subsections (a) or (b)
    of this Section or a dismissal sought under Section
    24-16.5 of this Code, including those under Section
    10-22.4, the board must first approve a motion containing
    specific charges by a majority vote of all its members.
    Written notice of such charges, including a bill of
    particulars and the teacher's right to request a hearing,
    must be mailed to the teacher and also given to the teacher
    either by electronic mail, certified mail, return receipt
    requested, or personal delivery with receipt within 5 days
    of the adoption of the motion. 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 officer paid by the board.
        Before setting a hearing on charges stemming from
    causes that are considered remediable, a board must give
		SB2914 Enrolled	- 18 -	LRB104 17707 LNS 31138 b
    the teacher reasonable warning, in writing, stating
    specifically the causes that, if not removed, may result
    in charges; however, no such written warning is required
    if the causes have been the subject of a remediation plan
    pursuant to Article 24A of this Code. The written warning 
    must specify the nature of the alleged misconduct that 
    needs to be remedied. Nothing in this Section precludes a 
    board from asserting that the specific conduct alleged in 
    the original warning is part of an alleged pattern of 
    behavior, but any subsequent action must be reasonably 
    related to the specific conduct alleged in the original 
    warning. The teacher may request and shall be granted an 
    opportunity to respond to the findings in the written 
    warning, either in person or in writing before the board, 
    prior to the board's formal vote to approve the warning. 
    If the teacher is in disagreement with the final action of 
    the board, the teacher may take the written warning to 
    binding arbitration. To do so, the exclusive bargaining 
    representative, if any, or the teacher, if no 
    representative exists, shall, within 10 days after receipt 
    of the board's decision, file for arbitration in 
    accordance with the procedures set forth in the collective 
    bargaining agreement between the board and the exclusive 
    bargaining representative, if any. If no arbitration 
    procedures exist in the collective bargaining agreement, 
    the parties shall file for arbitration with the Federal 
		SB2914 Enrolled	- 19 -	LRB104 17707 LNS 31138 b
    Mediation and Conciliation Service or the American 
    Arbitration Association. Within 10 days after the receipt 
    of the list of arbitrators from the Federal Mediation and 
    Conciliation Service or the American Arbitration 
    Association, the parties shall meet to alternately strike 
    names from the list until one name remains. The rules of 
    the Federal Mediation and Conciliation Service or the 
    American Arbitration Association shall govern the 
    proceedings. The arbitrator shall have the power to render 
    a decision on the written warning, which shall be final 
    and binding on both parties. Each party shall pay one-half 
    of the cost of the arbitration proceedings. Each party is 
    entitled to representation of the party's choosing at all 
    stages in this process.
        If, in the opinion of the board, the interests of the
    school require it, the board may suspend the teacher
    without pay, pending the hearing, but if the board's
    dismissal or removal is not sustained, the teacher shall
    not suffer the loss of any salary or benefits by reason of
    the suspension.
        (2) No hearing upon the charges is required unless the
    teacher within 17 days after receiving notice requests in
    writing of the board that a hearing be scheduled before a
    mutually selected hearing officer or a hearing officer
    selected by the board. The secretary of the school board
    shall forward a copy of the notice to the State Board of
		SB2914 Enrolled	- 20 -	LRB104 17707 LNS 31138 b
    Education.
        (3) Within 5 business days after receiving a notice of
    hearing in which either notice to the teacher was sent
    before July 1, 2012 or, if the notice was sent on or after
    July 1, 2012, the teacher has requested a hearing before a
    mutually selected hearing officer, the State Board of
    Education shall provide a list of 5 prospective, impartial
    hearing officers from the master list of qualified,
    impartial hearing officers maintained by the State Board
    of Education. Each person on the master list must (i) be
    accredited by a national arbitration organization and have
    had a minimum of 5 years of experience directly related to
    labor and employment relations matters between employers
    and employees or their exclusive bargaining
    representatives and (ii) beginning September 1, 2012, have
    participated in training provided or approved by the State
    Board of Education for teacher dismissal hearing officers
    so that he or she is familiar with issues generally
    involved in evaluative and non-evaluative dismissals.
        If notice to the teacher was sent before July 1, 2012
    or, if the notice was sent on or after July 1, 2012, the
    teacher has requested a hearing before a mutually selected
    hearing officer, the board and the teacher or their legal
    representatives within 3 business days shall alternately
    strike one name from the list provided by the State Board
    of Education until only one name remains. Unless waived by
		SB2914 Enrolled	- 21 -	LRB104 17707 LNS 31138 b
    the teacher, the teacher shall have the right to proceed
    first with the striking. Within 3 business days of receipt
    of the list provided by the State Board of Education, the
    board and the teacher or their legal representatives shall
    each have the right to reject all prospective hearing
    officers named on the list and notify the State Board of
    Education of such rejection. Within 3 business days after
    receiving this notification, the State Board of Education
    shall appoint a qualified person from the master list who
    did not appear on the list sent to the parties to serve as
    the hearing officer, unless the parties notify it that
    they have chosen to alternatively select a hearing officer
    under paragraph (4) of this subsection (d).
        If the teacher has requested a hearing before a
    hearing officer selected by the board, the board shall
    select one name from the master list of qualified
    impartial hearing officers maintained by the State Board
    of Education within 3 business days after receipt and
    shall notify the State Board of Education of its
    selection.
        A hearing officer mutually selected by the parties,
    selected by the board, or selected through an alternative
    selection process under paragraph (4) of this subsection
    (d) (A) must not be a resident of the school district, (B)
    must be available to commence the hearing within 75 days
    and conclude the hearing within 120 days after being
		SB2914 Enrolled	- 22 -	LRB104 17707 LNS 31138 b
    selected as the hearing officer, and (C) must issue a
    decision as to whether the teacher must be dismissed and
    give a copy of that decision to both the teacher and the
    board within 30 days from the conclusion of the hearing or
    closure of the record, whichever is later.
        Any hearing convened during a public health emergency
    pursuant to Section 7 of the Illinois Emergency Management
    Agency Act may be convened remotely. Any hearing officer
    for a hearing convened during a public health emergency
    pursuant to Section 7 of the Illinois Emergency Management
    Agency Act may voluntarily withdraw from the hearing and
    another hearing officer shall be selected or appointed
    pursuant to this Section.
        In this paragraph, "pre-hearing procedures" refers to
    the pre-hearing procedures under Section 51.55 of Title 23
    of the Illinois Administrative Code and "hearing" refers
    to the hearing under Section 51.60 of Title 23 of the
    Illinois Administrative Code. Any teacher who has been
    charged with engaging in acts of corporal punishment,
    physical abuse, grooming, or sexual misconduct and who
    previously paused pre-hearing procedures or a hearing
    pursuant to Public Act 101-643 must proceed with selection
    of a hearing officer or hearing date, or both, within the
    timeframes established by this paragraph (3) and
    paragraphs (4) through (6) of this subsection (d), unless
    the timeframes are mutually waived in writing by both
		SB2914 Enrolled	- 23 -	LRB104 17707 LNS 31138 b
    parties, and all timelines set forth in this Section in
    cases concerning corporal punishment, physical abuse,
    grooming, or sexual misconduct shall be reset to begin the
    day after April 22, 2022 (the effective date of Public Act
    102-708). Any teacher charged with engaging in acts of
    corporal punishment, physical abuse, grooming, or sexual
    misconduct on or after April 22, 2022 (the effective date
    of Public Act 102-708) may not pause pre-hearing
    procedures or a hearing.
        (4) In the alternative to selecting a hearing officer
    from the list received from the State Board of Education
    or accepting the appointment of a hearing officer by the
    State Board of Education or if the State Board of
    Education cannot provide a list or appoint a hearing
    officer that meets the foregoing requirements, the board
    and the teacher or their legal representatives may
    mutually agree to select an impartial hearing officer who
    is not on the master list either by direct appointment by
    the parties or by using procedures for the appointment of
    an arbitrator established by the Federal Mediation and
    Conciliation Service or the American Arbitration
    Association. The parties shall notify the State Board of
    Education of their intent to select a hearing officer
    using an alternative procedure within 3 business days of
    receipt of a list of prospective hearing officers provided
    by the State Board of Education, notice of appointment of
		SB2914 Enrolled	- 24 -	LRB104 17707 LNS 31138 b
    a hearing officer by the State Board of Education, or
    receipt of notice from the State Board of Education that
    it cannot provide a list that meets the foregoing
    requirements, whichever is later.
        (5) If the notice of dismissal was sent to the teacher
    before July 1, 2012, the fees and costs for the hearing
    officer must be paid by the State Board of Education. If
    the notice of dismissal was sent to the teacher on or after
    July 1, 2012, the hearing officer's fees and costs must be
    paid as follows in this paragraph (5). The fees and
    permissible costs for the hearing officer must be
    determined by the State Board of Education. If the board
    and the teacher or their legal representatives mutually
    agree to select an impartial hearing officer who is not on
    a list received from the State Board of Education, they
    may agree to supplement the fees determined by the State
    Board to the hearing officer, at a rate consistent with
    the hearing officer's published professional fees. If the
    hearing officer is mutually selected by the parties, then
    the board and the teacher or their legal representatives
    shall each pay 50% of the fees and costs and any
    supplemental allowance to which they agree. If the hearing
    officer is selected by the board, then the board shall pay
    100% of the hearing officer's fees and costs. The fees and
    costs must be paid to the hearing officer within 14 days
    after the board and the teacher or their legal
		SB2914 Enrolled	- 25 -	LRB104 17707 LNS 31138 b
    representatives receive the hearing officer's decision set
    forth in paragraph (7) of this subsection (d).
        (6) The teacher is required to answer the bill of
    particulars and aver affirmative matters in his or her
    defense, and the time for initially doing so and the time
    for updating such answer and defenses after pre-hearing
    discovery must be set by the hearing officer. The State
    Board of Education shall promulgate rules so that each
    party has a fair opportunity to present its case and to
    ensure that the dismissal process proceeds in a fair and
    expeditious manner. These rules shall address, without
    limitation, discovery and hearing scheduling conferences;
    the teacher's initial answer and affirmative defenses to
    the bill of particulars and the updating of that
    information after pre-hearing discovery; provision for
    written interrogatories and requests for production of
    documents; the requirement that each party initially
    disclose to the other party and then update the disclosure
    no later than 10 calendar days prior to the commencement
    of the hearing, the names and addresses of persons who may
    be called as witnesses at the hearing, a summary of the
    facts or opinions each witness will testify to, and all
    other documents and materials, including information
    maintained electronically, relevant to its own as well as
    the other party's case (the hearing officer may exclude
    witnesses and exhibits not identified and shared, except
		SB2914 Enrolled	- 26 -	LRB104 17707 LNS 31138 b
    those offered in rebuttal for which the party could not
    reasonably have anticipated prior to the hearing);
    pre-hearing discovery and preparation, including provision
    for written interrogatories and requests for production of
    documents, provided that discovery depositions are
    prohibited; the conduct of the hearing; the right of each
    party to be represented by counsel, the offer of evidence
    and witnesses and the cross-examination of witnesses; the
    authority of the hearing officer to issue subpoenas and
    subpoenas duces tecum, provided that the hearing officer
    may limit the number of witnesses to be subpoenaed on
    behalf of each party to no more than 7; the length of
    post-hearing briefs; and the form, length, and content of
    hearing officers' decisions. The hearing officer shall
    hold a hearing and render a final decision for dismissal
    pursuant to Article 24A of this Code or shall report to the
    school board findings of fact and a recommendation as to
    whether or not the teacher must be dismissed for conduct.
    The hearing officer shall commence the hearing within 75
    days and conclude the hearing within 120 days after being
    selected as the hearing officer, provided that the hearing
    officer may modify these timelines upon the showing of
    good cause or mutual agreement of the parties. Good cause
    for the purpose of this subsection (d) shall mean the
    illness or otherwise unavoidable emergency of the teacher,
    district representative, their legal representatives, the
		SB2914 Enrolled	- 27 -	LRB104 17707 LNS 31138 b
    hearing officer, or an essential witness as indicated in
    each party's pre-hearing submission. In a dismissal
    hearing pursuant to Article 24A of this Code in which a
    witness is a student or is under the age of 18, the hearing
    officer must make accommodations for the witness, as
    provided under paragraph (6.5) of this subsection. The
    hearing officer shall consider and give weight to all of
    the teacher's evaluations written pursuant to Article 24A
    that are relevant to the issues in the hearing.
        Each party shall have no more than 3 days to present
    its case, unless extended by the hearing officer to enable
    a party to present adequate evidence and testimony,
    including due to the other party's cross-examination of
    the party's witnesses, for good cause or by mutual
    agreement of the parties. The State Board of Education
    shall define in rules the meaning of "day" for such
    purposes. All testimony at the hearing shall be taken
    under oath administered by the hearing officer. The
    hearing officer shall cause a record of the proceedings to
    be kept and shall employ a competent reporter to take
    stenographic or stenotype notes of all the testimony. The
    costs of the reporter's attendance and services at the
    hearing shall be paid by the party or parties who are
    responsible for paying the fees and costs of the hearing
    officer. Either party desiring a transcript of the hearing
    shall pay for the cost thereof. Any post-hearing briefs
		SB2914 Enrolled	- 28 -	LRB104 17707 LNS 31138 b
    must be submitted by the parties by no later than 21 days
    after a party's receipt of the transcript of the hearing,
    unless extended by the hearing officer for good cause or
    by mutual agreement of the parties.
        (6.5) In the case of charges involving any witness who
    is or was at the time of the alleged conduct a student or a
    person under the age of 18, the hearing officer shall make
    accommodations to protect a witness from being
    intimidated, traumatized, or re-traumatized. No alleged
    victim or other witness who is or was at the time of the
    alleged conduct a student or under the age of 18 may be
    compelled to testify in the physical or visual presence of
    a teacher or other witness. If such a witness invokes this
    right, then the hearing officer must provide an
    accommodation consistent with the invoked right and use a
    procedure by which each party may hear such witness's
    testimony. Accommodations may include, but are not limited
    to: (i) testimony made via a telecommunication device in a
    location other than the hearing room and outside the
    physical or visual presence of the teacher and other
    hearing participants, but accessible to the teacher via a
    telecommunication device, (ii) testimony made in the
    hearing room but outside the physical presence of the
    teacher and accessible to the teacher via a
    telecommunication device, (iii) non-public testimony, (iv)
    testimony made via videoconference with the cameras and
		SB2914 Enrolled	- 29 -	LRB104 17707 LNS 31138 b
    microphones of the teacher turned off, or (v) pre-recorded
    testimony, including, but not limited to, a recording of a
    forensic interview conducted at an accredited Children's
    Advocacy Center. With all accommodations, the hearing
    officer shall give such testimony the same consideration
    as if the witness testified without the accommodation. The
    teacher may not directly, or through a representative,
    question a witness called by the school board who is or was
    a student or under 18 years of age at the time of the
    alleged conduct. The hearing officer must permit the
    teacher to submit all relevant questions and follow-up
    questions for such a witness to have the questions posed
    by the hearing officer. All questions must exclude
    evidence of the witness' sexual behavior or
    predisposition, unless the evidence is offered to prove
    that someone other than the teacher subject to the
    dismissal hearing engaged in the charge at issue.
        (7) The hearing officer shall, within 30 days from the
    conclusion of the hearing or closure of the record,
    whichever is later, make a decision as to whether or not
    the teacher shall be dismissed pursuant to Article 24A of
    this Code or report to the school board findings of fact
    and a recommendation as to whether or not the teacher
    shall be dismissed for cause and shall give a copy of the
    decision or findings of fact and recommendation to both
    the teacher and the school board. If a hearing officer
		SB2914 Enrolled	- 30 -	LRB104 17707 LNS 31138 b
    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 and recommendation
    within 30 days after the hearing is concluded or the
    record is closed, whichever is later, the parties may
    mutually agree to select a hearing officer pursuant to the
    alternative procedure, as provided in this Section, to
    rehear the charges heard by the hearing officer who failed
    to render a decision or findings of fact and
    recommendation or to review the record and render a
    decision. 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 and recommendation 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 paragraph (6.5), 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. The parties and the State Board of
    Education may also take such other actions as it deems
    appropriate, including recovering, reducing, or
    withholding any fees paid or to be paid to the hearing
    officer. If any hearing officer repeats such failure, he
    or she must be permanently removed from the master list
    maintained by the State Board of Education and may not be
		SB2914 Enrolled	- 31 -	LRB104 17707 LNS 31138 b
    selected by parties through the alternative selection
    process under this paragraph (7) or paragraph (4) of this
    subsection (d). The board shall not lose jurisdiction to
    discharge a teacher if the hearing officer fails to render
    a decision or findings of fact and recommendation within
    the time specified in this Section. If the decision of the
    hearing officer for dismissal pursuant to Article 24A of
    this Code or of the school board for dismissal for cause is
    in favor of the teacher, then the hearing officer or
    school board shall order reinstatement to the same or
    substantially equivalent position and shall determine the
    amount for which the school board is liable, including,
    but not limited to, loss of income and benefits.
        (8) The school board, within 45 days after receipt of
    the hearing officer's findings of fact and recommendation
    as to whether (i) the conduct at issue occurred, (ii) the
    conduct that did occur was remediable, and (iii) the
    proposed dismissal should be sustained, shall issue a
    written order as to whether the teacher must be retained
    or dismissed for cause from its employ. The school board's
    written order shall incorporate the hearing officer's
    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.
        If the school board dismisses the teacher
		SB2914 Enrolled	- 32 -	LRB104 17707 LNS 31138 b
    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. The failure of the school board to strictly
    adhere to the timelines contained in this Section shall
    not render it without jurisdiction to dismiss the teacher.
    The school board shall not lose jurisdiction to discharge
    the teacher for cause if the hearing officer fails to
    render a recommendation within the time specified in this
    Section. The decision of the school board is final, unless
    reviewed as provided in paragraph (9) of this subsection
    (d).
        If the school board retains the teacher, the school
    board shall enter a written order stating the amount of
    back pay and lost benefits, less mitigation, to be paid to
    the teacher, within 45 days after its retention order.
    Should the teacher object to the amount of the back pay and
    lost benefits or amount mitigated, the teacher shall give
    written objections to the amount within 21 days. If the
    parties fail to reach resolution within 7 days, the
    dispute shall be referred to the hearing officer, who
    shall consider the school board's written order and
    teacher's written objection and determine the amount to
    which the school board is liable. The costs of the hearing
    officer's review and determination must be paid by the
		SB2914 Enrolled	- 33 -	LRB104 17707 LNS 31138 b
    board.
        (9) The decision of the hearing officer pursuant to
    Article 24A of this Code or of the school board's decision
    to dismiss for cause is final unless reviewed as provided
    in Section 24-16 of this Code. If the school board's
    decision to dismiss for cause is contrary to the hearing
    officer's recommendation, the court on review shall give
    consideration to the school board's decision and its
    supplemental findings of fact, if applicable, and the
    hearing officer's findings of fact and recommendation in
    making its decision. In the event such review is
    instituted, the school board shall be responsible for
    preparing and filing the record of proceedings, and such
    costs associated therewith must be divided equally between
    the parties.
        (10) If a decision of the hearing officer for
    dismissal pursuant to Article 24A of this Code or of the
    school board for dismissal for cause is adjudicated upon
    review or appeal in favor of the 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. 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
		SB2914 Enrolled	- 34 -	LRB104 17707 LNS 31138 b
    borne by the school board.
        Any teacher who is reinstated by any hearing or
    adjudication brought under this Section shall be assigned
    by the board to a position substantially similar to the
    one which that teacher held prior to that teacher's
    suspension or dismissal.
        (11) Subject to any later effective date referenced in
    this Section for a specific aspect of the dismissal
    process, the changes made by Public Act 97-8 shall apply
    to dismissals instituted on or after September 1, 2011.
    Any dismissal instituted prior to September 1, 2011 must
    be carried out in accordance with the requirements of this
    Section prior to amendment by Public Act 97-8.
    (e) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 102-708, eff. 4-22-22; 103-354, eff. 1-1-24;
103-398, eff. 1-1-24; 103-500, eff. 8-4-23; 103-605, eff.
7-1-24.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Amends the Employment of Teachers Article of the School Code. In a provision requiring a school board, before setting a hearing on charges stemming from causes that are considered remediable, to give a teacher reasonable warning, in writing, stating specifically the causes that, if not removed, may result in charges, requires the written warning to specify the nature of the alleged misconduct that needs to be remedied. Provides that nothing in the provisions precludes a board from asserting that the specific conduct alleged in the original warning is part of an alleged pattern of behavior, but any subsequent action must be reasonably related to the specific conduct alleged in the original warning. Allows the teacher to request and requires the teacher to be granted an opportunity to respond to the findings in the written warning, either in person or in writing before the board, prior to the board's formal vote to approve the warning. Provides that if the teacher is in disagreement with the final action of the board, the teacher may take the written warning to binding arbitration. Provides that the arbitrator shall have the power to render a decision on the written warning, which shall be final and binding on both parties. Provides that each party shall pay one-half of the cost of the arbitration proceedings and each party is entitled to representation of the party's choosing at all stages in this process. Effective immediately.

Sponsors

Sen. Meg Loughran Cappel (D) sponsors SB 2914, and 14 members have co-sponsored it.

Committees

SB 2914 went before 4 committees: Assignments, Education, Rules and Elementary & Secondary Education: Administration, Licensing & Charter School.

Assignments
Assignments
Referred to · Jan 27, 2026
Education
Education
Referred to · Feb 3, 2026
Rules
Rules
Referred to · Apr 17, 2026 · 5,290 Bills
Elementary & Secondary Education: Administration, Licensing & Charter School
Elementary & Secondary Education: Administration, Licensing & Charter School
Referred to · Apr 27, 2026

History

SB 2914 has taken 43 actions since Jan 27, 2026, the latest on Jul 24, 2026.

ChamberAction
Jul 24, 2026
Senate
Governor Approved
Jul 24, 2026
Senate
Effective Date July 24, 2026
Jul 24, 2026
Senate
Public Act . . . . . . . . . 104-0647
Jun 18, 2026
Senate
Sent to the Governor
May 22, 2026
Senate
Added as Co-Sponsor Sen. Mike Porfirio

Votes

SB 2914 went to 5 roll calls across both chambers, the latest on May 21, 2026 at 83–25.

ChamberQuestion
Yea
Nay
May 21, 2026
House
House Third Reading
83
25
May 6, 2026
House
House Elem Sec Ed: Adm., Lic. & Charter Committee
7
2
Apr 16, 2026
Senate
Senate Third Reading
48
9
Apr 14, 2026
Senate
Senate Education Committee
13
1
Mar 10, 2026
Senate
Senate Education Committee
14
0

Source: ilga.gov · legiscan.com