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Discipline and Dismissal of Employees

Section 4-7

Board Rule PDF  English

  • Discipline of Employees. The CEO or designee shall establish employee discipline protocols for employees who are not subject to a collective bargaining agreement and also not subject to an employee discipline policy adopted by the Board. Such employee discipline protocols shall set forth the procedures for administering such employee discipline. Principals, school-based supervisors, officers, heads of general departments now in existence or hereafter established, nonschool based supervisors, the Chief Executive Officer or his/her designee or the General Counsel may discipline employees in accordance with the applicable employee discipline policy adopted by the Board, the applicable collective bargaining agreement, or employee discipline protocols established by the CEO or designee.
  • Dismissal of Employees.
    1. Dismissal of Executive Officers, Officers, and Heads of Departments. The Board may dismiss executive officers, officers, and heads of departments either upon recommendation of the Chief Executive Officer and a majority vote of the full membership of the Board, or upon majority vote of the full membership of the Board.
    2. Dismissal, Non-Renewal and Reappointment of Probationary Appointed Teachers. Upon recommendation of the Chief Executive Officer, the Board shall dismiss or deny reappointment for the next school year to a probationary appointed teacher, as follows:
      • Principals may recommend to the Chief Executive Officer the non-renewal of a probationary teacher’s appointment for the following school year provided that they must provide a reason to the Chief Executive Officer for the non-renewal. The Chief Executive Officer may accept or reject the principal’s recommendation. If the Chief Executive Officer accepts the recommendation to non-renew a probationary appointed teacher, the Chief Executive Officer shall recommend that the Board non-renew and dismiss the probationary appointed teacher and provide the Board the reasons for that recommendation, which shall not be made public. The Chief Executive Officer or his/her designee shall notify probationary appointed teachers of non-renewal no later than thirty (30) calendar days before the end of the school year. In the case of non-renewed probationary appointed teachers, the Chief Executive Officer’s or designee’s notice of non-renewal shall notify the probationary appointed teacher of the reason(s) for nonrenewal.
      • If a probationary appointed teacher engages in misconduct, or the principal is not satisfied with the probationary appointed teacher’s performance, the principal may recommend that the probationary appointed teacher be dismissed before the end of the school year in accordance with procedures established by the Chief Executive Officer or designee. If the Chief Executive Officer agrees with the principal’s recommendation, he or she shall recommend that the Board dismiss the probationary appointed teacher, and provide the Board the reasons for that recommendation.
      • Probationary appointed teachers shall be deemed reappointed from school year to school year unless the Chief Executive Officer or designee notifies the probationary appointed teacher that he or she will not be reappointed in accordance with this Rule.
    3. Dismissal of Other Probationary Employees, Part-Time/Seasonal Employees, At-Will Educational Support Personnel and Assistant Principals. The Chief Executive Officer or his/her designee may dismiss at-will employees, including but not limited to probationary employees and managerial, supervisory and confidential educational support personnel, part-time/seasonal employees and assistant principals. Nothing in the Board’s employee discipline policy or the employee discipline protocols established by the Chief Executive Officer or his/her designee shall confer, or be construed to confer, upon probationary employees or other at-will employees a property interest in Board employment or an expectation of continued Board employment.
    4. Dismissal of Educational Support Personnel Covered by Collective Bargaining Agreements. Upon recommendation of the Chief Executive Officer or his/her designee, the Board may dismiss educational support personnel covered by collective bargaining agreements for cause.
    5. Dismissal of Contract Principals. Contract principals may be dismissed from Board employment and their contracts terminated prior to the agreed upon end of their contract, as follows:
      • In accordance with section 34-85 of the Illinois School Code (105 ILCS 5/34-85), and applicable provisions of the Board’s discipline policy, the Board may dismiss a contract principal for cause after a hearing before an Illinois State Board of Education (“ISBE”) hearing officer. In deciding whether to dismiss a contract principal, the Board shall consider the hearing officer’s recommendation, any arguments made by the Chief Executive Officer or his/her designee or the contract principal with respect to the ISBE hearing officer’s recommendation and other material necessary to make an informed decision. The Board may adopt, modify or reject the ISBE hearing officer’s recommendation, and enter orders it deems appropriate under the circumstances.
      • Upon recommendation of the Chief Executive Officer, after hearing, the Board may remove, replace and dismiss contract principals and terminate their contracts in accordance with the principal’s contract and the provisions of 105 ILCS 5/34-8.3.
    6. Dismissal of Tenured Teachers. In accordance with section 34-85 of the Illinois School Code (105 ILCS 5/34-85) the Board may dismiss a tenured teacher for cause after a hearing before an Illinois State Board of Education (“ISBE”) hearing officer. In deciding whether to dismiss a tenured teacher, the Board shall consider the hearing officer’s recommendation, any arguments made by the Chief Executive Officer or the contract principal with respect to the ISBE hearing officer’s recommendation and other material necessary to make an informed decision. The Board may adopt, modify or reject the ISBE hearing officer’s recommendation, and enter orders it deems appropriate under the circumstances
  • Suspension Pending Investigation and/or a Discharge or Dismissal Hearing. Where the Chief Executive Officer or his/her designee, or the General Counsel, deems it to be in the best interests of the Board, the Chief Executive Officer or his/her designee may remove an employee from active employment with pay, or may suspend an employee without pay pending an investigation and/or dismissal hearing in accordance with (i) the employee discipline policy adopted by the Board if applicable, (ii) the applicable collective bargaining agreement or, if (i) and (ii) are not applicable, the employee discipline protocols established by the CEO or designee.

Chicago Board of Education

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