Remember the Accelerated Tenure Rules Post-PERA
As we approach the season to consider dismissals and non-renewals of probationary teachers, keep in mind that PERA altered the probationary period based upon performance evaluation ratings. Pursuant to Section 24-11(d) of the School Code, for any teacher who is first employed as a full-time teacher in a school district or program on or after the PERA implementation date, the probationary period shall be one of the following periods, based upon the teacher's school terms of service and performance:
(1) 4 consecutive school terms of service in which the teacher receives overall annual evaluation ratings of at least "Proficient" in the last school term and at least "Proficient" in either the second or third school term;
(2) 3 consecutive school terms of service in which the teacher receives 3 overall annual evaluations of "Excellent"; or
(3) 2 consecutive school terms of service in which the teacher receives 2 overall annual evaluations of "Excellent" service, but only if the teacher (i) previously attained contractual continued service in a different school district or program in this State, (ii) voluntarily departed or was honorably dismissed from that school district or program in the school term immediately prior to the teacher's first school term of service applicable to the attainment of contractual continued service under this subdivision (3), and (iii) received, in his or her 2 most recent overall annual or biannual evaluations from the prior school district or program, ratings of "Proficient", with both such ratings occurring after the school district's or program's PERA implementation date.
Therefore, please be aware that some of your "Excellent" probationary teachers first employed after your PERA implementation date may be in their final probationary year, even if it is not their fourth consecutive school year employed by your district (and may have attained accelerated tenure).
More importantly, keep in mind that neither your district nor your board can confer tenure upon a teacher - tenure service is a RIGHT which accrues after a certain period of time, whether or not you "grant" it. It arises by operation of law, not by action of the board.
Best practice tip - Do not "grant" tenure (or teaching employment) by way of contract - doing so simply solidifies the reality and may give the employee an extra means of lawsuit (contractual basis), contemporaneously robbing you of any potential argument to the contrary. DO be careful in the wording of board motions for employment so that the nature of employment is clear.