Two Labor and Employment Bills to Watch

The Illinois legislature is currently considering two bills that would have a significant impact on school districts throughout the State. While neither bill is certain to become law, school districts should closely monitor their status moving forward.

Notice of Remedial Warning (SB 2914)

Section 24-12 of The School Code provides that prior to dismissing a tenured teacher from employment for reasons considered remediable, a school board must first provide a tenured teacher with a written warning stating the causes that, if not removed, may result in dismissal charges.  This written warning is often referred to as a “notice of remedial warning” or “notice to remedy.” For more than 30 years, Illinois Supreme Court precedent has made clear that such warnings cannot be challenged through a grievance or arbitration process, as issuing these warnings is within the statutory authority granted to school boards.

On April 15, 2026, Senate Bill 2914 (initially introduced in January 2026) was amended to impose additional requirements on school boards when issuing a notice of remedial warning under Section 24-14.  Specifically, SB 2914 would require the following:

• A notice of remedial warning “must specify the nature of the alleged misconduct that needs to be remedied” and “any subsequent action must be reasonably related to the specific conduct alleged in the original warning.”

• A teacher must, upon request, be granted an opportunity to respond, either in writing or in person, to the findings supporting the recommendation that the warning be issued prior to a board of education voting to approve the warning.

• Should a teacher disagree with issuance of a notice of remedial warning, the teacher may take the written warning to “binding arbitration.” The teacher’s bargaining representative (or, if none exists, the teacher) must file for arbitration within ten (10) days of receiving the notice of remedial warning. An arbitrator would then have the power to “render a decision” on the warning, which shall be final and binding. Each party would be required to split the costs of the arbitration proceedings.

On April 16, 2026, SB 2914 passed the Senate, despite strong opposition from school districts. On April 27, 2026, SB 2914 was referred to the Elementary & Secondary Education; Administration, Licensing & Charter School Committee.

Unemployment Benefits for Support Personnel (HB 4416 and SB 3286)

The Illinois Unemployment Insurance Act currently provides that academic personnel of educational institutions are ineligible to receive unemployment benefits for any period between academic years (e.g., summer break periods) if the individual is contracted to perform services for both academic years or is provided reasonable assurance that the individual will perform services in the subsequent academic year following the break period. The Act also provides that individuals are ineligible for unemployment benefits during an established and customary vacation period or holiday recess. During the COVID-19 Pandemic (i.e., between March 2020 and September 2021), an exception was made to this limitation to extend unemployment benefits to individuals not employed in an instructional, research, or principal administrative capacity.

House Bill 4416, cross-filed in the Senate as Senate Bill 3286, would amend the Act to allow any individual employed by an educational institution, but not in an instructional, research, or administrative capacity, to collect unemployment benefits for any week of unemployment, regardless of whether this falls within a designated school break period. In effect, support personnel of school districts, colleges, and other educational institutions would now be deemed eligible for unemployment benefits during any break or recess period observed by the institution and during which the individual does not perform services. Both bills would be effective for any periods of unemployment on or after June 1, 2026.  On April 17, 2026, HB 4416 was re-referred to the Rules Committee after a second reading in the House. We will continue to monitor whether these bills make any progress as we enter the final weeks of the legislative session.  Contact your Robbins Schwartz attorney with any questions regarding the status of these bills and the potential impacts on your institution.