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          On July 18, 2014, we reported on new recall rights made effective July 1, 2014, by P.A. 98-0648. Our Priority Briefing stated that any teacher who was in Grouping 2 of the sequence of honorable dismissal list as a result of one “needs improvement” rating and a second “satisfactory”, “proficient” or “excellent”, and who was RIF’d in the Spring of 2014, is entitled to recall to any position for which s/he is qualified which becomes vacant between the start of the 2014-15 school term through February 1, 2015. This statement tracks the express language of the new statute.

          The Illinois State Board of Education has issued “Non-Regulatory Guidance” entitled “Recall Rights of Honorably Dismissed Teachers Changes Made by Public Act 98-0648.” Despite the language in the new statute, the State Board of Education concludes that beginning July 1, 2014, the effective date of the statute, the recall rights extend to any position which becomes vacant between the end of the school term in which the teachers received the notices of reduction and February 1 of the following school term.

          Should you have any questions, please contact one of our attorneys at our Flossmoor Office at 708-799-6766.

[Posted 8/11/14]

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