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School district uses state law to reject resignations of four tenured special education teachers

Monday, Sep 12, 2022 - Posted by Isabel Miller

* McLean County’s largest school district recently denied four resignations submitted by tenured special education teachers weeks before the first day of school. WGLT

Unit 5 has invoked a rarely used state statute that allows school districts to reject teacher resignations in certain circumstances.

McLean County’s largest district denied four resignations, submitted by special education teachers weeks before the first day of school. Two of the teachers agreed to stay for the 2022-2023 school year.

But for two others who ignored the warning, Andrea Jefferson and Emily Andris, who left to teach elsewhere, their teaching licenses now are in jeopardy. […]

What’s at issue here is Illinois statutes in place that apply to tenured teachers during the school term: A district has the right to reject a tenured teacher’s resignation if that means the teacher would leave during the school term to take a teaching job at a different school district. […]

That critical need for special education services was key in Unit 5’s decision, said Baldwin. The district already had four vacancies in special education. The newly-submitted four resignations would have doubled the shortage.

* There is a state-wide shortage of special education teachers, says the Center for Illinois Politics

‍While districts across the state report slight and sporadic shortages, there is little dispute that there continues to be a shortage of special & bilingual education, along with world languages, agriculture, and some secondary sciences teachers. And, according to Liam Chan Hodges, Media Coordinator for Illinois State Board of Education (ISBE), “These current shortages have a disproportionate impact on chronically struggling schools, underfunded schools, and schools serving low-income communities.” The shortages hit hardest where the need is often the greatest – and simply doing more of what we’ve done in the past will not solve the issue.

* Some suburban school districts’ solutions to the special education and language teacher shortage is substitutes, ABC7 reports

Superintendents around the area say the main problem they are encountering is that they simply don’t have enough qualified people applying for the positions they have open, most of which appear to be special ed, bilingual and dual-language teachers. […]

Around 35,000 students returned to the classroom in School District U-46, the second largest in the state, including Elgin as well as 10 other surrounding communities. But even as students begin to shake off the summer cobwebs, many will be taught by substitutes, for now.

“We still have around 100 teacher vacancies,” District U-46 Supt. Tony Sanders said. “We’re able to fill those. We have retirees. We have long-term subs. We have lots of people to step in to fill those roles.”

Most of U-46’s vacancies are for dual language and special ed teachers.[…]

It’s a similar story in Joliet’s Public School District 86, where students will be welcomed back on Wednesday. They are still short about 20 full-time teachers, and the Illinois State Board of Education will only allow districts to use subs for 30 days at a time in a single classroom.

* Illinois State Board of Education’s statement to ABC 7

Like many states across the country, Illinois is currently experiencing a teacher shortage. In the hopes of better understanding this shortage, the Illinois State Board of Education (ISBE) conducted an analysis to understand the specific students and communities most impacted by teacher vacancies. This analysis found that the current shortage has a disproportionate impact on chronically struggling schools, underfunded schools, and schools serving low-income communities, as well as specific subject areas including special education and bilingual education. The data reinforce the importance of equity as the driving strategy for continuing to strengthen the teacher pipeline in Illinois.

To help address the shortage of substitute teachers, ISBE has instituted changes to expand the pipeline for substitute teachers. For example, in addition to any individual with a bachelor’s degree, we also now allow those enrolled in an Illinois approved educator preparation program who have completed 90 semester hours of coursework to substitute teach beginning January 1, 2023. We have also waived the $25 application fee during public health emergencies, such as the current covid-19 pandemic, so individuals can get licensed to sub completely for free. Short-term substitutes can also teach up to 15 consecutive days, instead of the usual five, for up to 120 days for school year 2022-23.

The state has also employed several other strategic initiatives, which have proven to be effective in growing the teacher workforce, raising enrollment in educator preparation programs, and increasing teacher retention rates. […]

As a result of these initiatives, and others, the teacher workforce in Illinois has grown year-over-year since 2018, adding more than 5,000 new teachers to the profession. The state also saw an 11 percent increase in enrollment in educator preparation programs between 2019 and 2020, and last year teacher retention rates rose to over 87 percent, the highest since 2014.

…Adding… NPR

This school year, 48 states, including Hawaii, reported shortages of special education teachers to the federal government.

The shortage is so severe that Hawaii is one of several states that rely on teachers without licenses in special education to teach some of the highest needs students — like those who do not speak and those with challenging behaviors.

But Hawaii’s pay increase [$10,000 per year for special ed teachers], which began in 2020, was a game changer. Before the incentive, in October 2019, almost 30% of the state’s special education positions were vacant or staffed by teachers without appropriate licenses, district data shows. By October 2021, that number dropped by half, to about 15%.

       

23 Comments
  1. - MisterJayEm - Monday, Sep 12, 22 @ 1:17 pm:

    “There is a state-wide shortage of special education teachers”

    Not just Illinois — only two states didn’t report special education teacher shortages to the federal government this year.

    https://www.npr.org/2022/04/20/1092337446/special-education-teacher-shortage

    – MrJM


  2. - Nathan - Monday, Sep 12, 22 @ 1:29 pm:

    And it isn’t too hard to figure out why there is a special education teacher shortage. For the work they do, they are paid horribly. Raise teacher pay (and taxes if needed) and this will go a long way to fixing this problem.


  3. - JS Mill - Monday, Sep 12, 22 @ 1:32 pm:

    =Some suburban school districts’ solutions to the special education and language teacher shortage is substitutes=

    Umm, what else would you have them do? Have students but no teachers in a class.

    For our district it is all hands on deck.We are small and had only one teacher for a particular elective. That teacher decided not to work this year and we had to drop the subject for the year. In other areas we are using subs and retired teachers. The shortage is getting worse, not better and the ISBE has not made a perceptible impact on the problem. The only way to help is to find more teachers. Good luck with that.


  4. - People’s Republic of Oak Park - Monday, Sep 12, 22 @ 1:32 pm:

    First- Its not a shortage. These folks are overworked and underpaid. Just because I can’t find a Rolls Royce for 15 grand doesn’t mean there is a Rolls Royce shortage. These are highly skilled and regulated positions that folks invest their time, money, and education into. Pay them what they are worth.

    Second- I get enforcing a teacher’s contract and planning for the school year, but you know how to ensure you don’t get qualified applicants for those four jobs when they inevitably leave- enforce this statute. What does this say about this district you want to serve in?


  5. - Joe Bidenopolous - Monday, Sep 12, 22 @ 1:36 pm:

    The franchise tag never works. Even if they tag those teaches a second year, that’s it, the resentment will drive them to free agency after that


  6. - Ryan - Monday, Sep 12, 22 @ 1:37 pm:

    Unit 5 needs to look in the mirror and get their house in order. This is a childish and potentially devastating move on their part. Who is going to want to apply for a job here now?


  7. - JS Mill - Monday, Sep 12, 22 @ 1:40 pm:

    =Raise teacher pay (and taxes if needed) and this will go a long way to fixing this problem.=

    Easier said than done. People are not real fond of paying taxes.


  8. - Demoralized - Monday, Sep 12, 22 @ 1:43 pm:

    ==The only way to help is to find more teachers==

    Maybe schools should look at their pay rates. I certainly wouldn’t want to work as a teacher with some of the pay that is offered.


  9. - ArchPundit - Monday, Sep 12, 22 @ 1:45 pm:

    —Unit 5 needs to look in the mirror and get their house in order.

    Losing four within the 30 day window (even if two ended up staying) does seem to indicate some sort of issue.


  10. - Jocko - Monday, Sep 12, 22 @ 1:55 pm:

    ==The franchise tag never works.==

    JB+1 (exclamation point) If extortion is your only means of keeping teachers in your district, you’ve got bigger problems.


  11. - A Watcher - Monday, Sep 12, 22 @ 1:57 pm:

    =The franchise tag never works.= Maybe so but is screams of “I have a contract with you, you don’t have a contract with me.” I especially feel that way about superintendents’ contracts. You want to leave your 5 year contract early for a “better” position then negotiate an exit agreement that gives the district something.


  12. - Blake - Monday, Sep 12, 22 @ 2:05 pm:

    As difficult as special Ed teaching is, they ought to be paid more than other, not as difficult to fill, subjects.


  13. - City Zen - Monday, Sep 12, 22 @ 2:17 pm:

    That $40,000 minimum teacher salary target they set back in 2019 is currently worth $35,000 in today’s dollars and they aren’t even set to hit that target until next year. It might be worth low $30k’s by 2024.


  14. - Demoralized - Monday, Sep 12, 22 @ 2:19 pm:

    ==That $40,000 minimum teacher salary target they set back in 2019==

    And there were schools that were vehemently opposed to that. And they wonder why they have teacher shortages.


  15. - Travel Guy - Monday, Sep 12, 22 @ 2:20 pm:

    Who knew that constantly vilifying and underpaying folks would lead to a drop in desire to join a profession. Teachers and police officers can’t get a win.

    I guess we’ll be looking to privatize those services next. What could go wrong there?


  16. - H-W - Monday, Sep 12, 22 @ 2:22 pm:

    To the original post, refusing to accept the resignations of tenured faculty is interesting. Because these teachers were tenured with their employer, the were guaranteed employment as long as they did not cause harm to the students. By waiting to the last minute, and then saying they have new jobs waiting, they did harm to the students in the McLean County schools that had depended on them to fulfill their employment contract.

    Simply “firing” the “quitters” would solve nothing. But potentially jeopardizing their licensure? That’s bold.

    JS Mill. What are your thoughts on the latter?


  17. - JS Mill - Monday, Sep 12, 22 @ 3:16 pm:

    =As difficult as special Ed teaching is, they ought to be paid more than other, not as difficult to fill, subjects.=

    No, pretty much all of the positions are hard to fill now. We were able to fill special ed, not so much other positions like Art and business technology.

    =JS Mill. What are your thoughts on the latter?=

    We had two teachers leave within a week or so of school. I didn’t like it but this isn’t Stalinist Russia. I wouldn’t hold their license even if I could.

    With job market what it is today, anyone can leave for a wealthier districts. Those who think it is just a matter of increasing wages are naive. For most of us, money is still an issue and we cannot simply raise taxes more than what is permissible by the increase in EAV. Many districts are at their fund maximums unless they go out for referendum. And referenda for pay almost always loses. You may not know this, but one political party (really both) constantly talks about how taxes are too high. we cannot just blink and get the money as much as we would all like to pay like New Trier.


  18. - Proud Papa Bear - Monday, Sep 12, 22 @ 4:11 pm:

    I’m neck deep in policy projects related to this.
    A few points:
    1. Hawaii has one statewide district so they can enact a policy like this more easily than other states. They also offer a relocation bonus as well as a pay differential for hard to staff schools.
    2. I’d like to know more about this particular case, whether it’s a toxic work environment or if it’s a pay issue. Pay disparity in Illinois is some of the most extreme in the country. I understand why some districts opposed the $40,000 minimum salary. They’d love to pay their teachers more but they can’t. The tax base just isn’t there.
    3. While there are occasional positions in other areas that don’t get filled in one year or another, the only positions that are chronically understaffed are in a few select disciplines. We actually graduate many more potential teachers in several subjects than we have jobs available (looking at you, high school social studies and English). I work with a few outstanding candidates who can’t even get an interview, let alone a job.
    4. Take the ISBE numbers with a big grain of salt. They changed their reporting tool this year which, while more accurate, made it appear like we made a very impressive one-year improvement in new hires.
    I could go on. The point is this is a very large, complex, and largely misunderstood issue.


  19. - thechampaignlife - Monday, Sep 12, 22 @ 4:19 pm:

    They can apparently force them to continue employment, but this certainly is not going to help motivate them to do their very best job.


  20. - Trying to be Rational - Monday, Sep 12, 22 @ 4:46 pm:

    At one of the regional universities it was not unusual for the administration to hire faculty at one salary and when the person got to town the administration would say “see that little clause at the bottom of your contract, ‘conditional on the availability of funding’”? We offered you $80,000 but we can only pay you $65,000, take it or leave it. The professor was left with little choice, though often they would leave after 1 year, sometimes after 1 semester, occasionally during the semester.


  21. - H-W - Monday, Sep 12, 22 @ 5:11 pm:

    Thanks, JS Mill. That helps me think this through. I had never heard of licenses being risked.


  22. - btowntruth from forgottonia - Monday, Sep 12, 22 @ 6:08 pm:

    - JS Mill - Monday, Sep 12, 22 @ 1:40 pm:

    =Raise teacher pay (and taxes if needed) and this will go a long way to fixing this problem.=

    Easier said than done. People are not real fond of paying taxes.
    ===================================================

    Very.
    Especially in my sector of Forgottonia.
    They want the premium but don’t want to pay for the premium.


  23. - A - Monday, Sep 12, 22 @ 8:44 pm:

    I’m surprised it’s taken this long for the teacher shortage to happen. There is money to be made and nice lifestyles to be had with a Bachelor’s degree without all the public abuse and regimented daily schedule.

    Word is out. College students have many options. They’ve wised up. No one needs to work hard, contribute to the betterment of our kids and society and yet be demonized.

    Lots has to change besides the pay scale (although teachers have to pay their bills too believe it or not)


Sorry, comments for this post are now closed.


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