Compliance Reminder: Teacher Tenure Accrual

As school districts assess staffing for the next school year, questions continue to arise about the tenure accrual process under the School Code, which changed for teachers first employed on a full-time basis after a school district’s PERA Implementation Date[1]. This Law Alert serves as a reminder regarding the tenure accrual process before and after PERA implementation by a school district.

Tenure Accrual Before a District’s PERA Implementation Date

A teacher first employed on a full-time basis before the school district’s PERA implementation date will accrue tenure after completing four (4) consecutive school terms of service.

Tenure Accrual After a District’s PERA Implementation Date

A teacher first employed on a full-time basis after the school district’s PERA implementation date may accrue tenure in 1 of 3 ways:

1. After completing four (4) consecutive school terms of service in which the teacher receives an overall annual performance evaluation rating of “Proficient” or “Excellent” in the last school term and at least a rating of “Proficient” or “Excellent” in either of the teacher’s 2nd or 3rd school term of service to the District.

• Note: A teacher that does not meet these required performance standards must be dismissed, listing specific reasons, and the Board action and notice to the teacher must occur at least 45 calendar days before the end of the school term.

2. After completing three (3) consecutive school terms of service in which the teacher receives three (3) overall annual performance evaluation ratings of “Excellent”.

3. After completing two (2) consecutive school terms of service in which the teacher receives two (2) overall annual performance evaluation ratings of “Excellent”, but only if the teacher:

• Previously attained tenure in a different Illinois school/program; and
• Voluntarily left or was honorably dismissed (RIF) from the prior Illinois school/program in the school term immediately prior to the teacher’s employment with the District; and
• Received a rating of “Proficient” or “Excellent” on the two (2) most recent overall annual or biennial performance evaluations from the prior Illinois school/program, with both ratings occurring after the prior school/program’s PERA implementation date.
• Note: Generally, the teacher must provide official copies of the two (2) ratings from the prior Illinois school/program to the District within 60 days of the teacher’s first day of service to the District.

[1] Most school districts were required to implement PERA for the 2016-2017 school year. However, some school districts were required to implement PERA as early as the 2013-2014 school year, or for the 2014-2015 school year. Please contact your Robbins Schwartz attorney with any questions or concerns regarding this requirement.