Teacher License Defense in Chicago–Naperville

Chicagoland covers urban areas, leafy suburban streets, lakefront villages, and farming communities. Teachers work in all of these communities, and while their daily experiences may differ, they’re all expected to meet professional conduct standards.

Illinois, Indiana, and Wisconsin all have procedures in place to investigate allegations of misconduct and discipline teachers, up to revoking a teaching license. These misconduct investigations can negatively affect a teacher’s reputation and career opportunities. In serious situations, teachers may be forced to find another career.

You’ve worked hard to build your career as a teacher. Accusations of misconduct can derail your career and damage your future. If you’re a teacher licensed in Illinois, Indiana, or Wisconsin facing misconduct charges, contact the Professional License Defense Team at the LLF National Law Firm. Contact us at 888-535-3686 or fill out our online form.

About the Chicago-Naperville Area

Approximately ten million people live in Chicagoland across three states, and about 25 percent of the population is under eighteen. The region is home to world-famous research universities, and the area’s commitment to education begins in preschool. Chicago Public Schools is the largest district in the area with almost 24,000 teachers.

While the majority of the Chicago population resides in Illinois, the region also encompasses southeastern Wisconsin and northwestern Indiana. Each state is responsible for licensing teachers who work within its borders, and teachers may live in one state and work in another. Disciplinary action originates in the state where a teacher works.

For teachers who are licensed in multiple states, when they face disciplinary action, they should be aware of when they need to inform other states of disciplinary action taken against them. Teachers shouldn’t report unless required, but failing to report when required can result in additional disciplinary action.

The Professional License Defense Team at the LLF National Law Firm works with our clients to ensure they’re meeting deadlines and navigating the process.

Teacher License Defense in Illinois

Illinois grants the state’s Superintendent of Education the exclusive authority to discipline teachers, including license revocation and suspensions up to five years. This is done in consultation with the State Educator Preparation and Licensure Board, and any action must align with Illinois law as well as any rules adopted by the State Board of Education.

The state uses several unique terms for its disciplinary process. These include “sanctions,” which are disciplinary actions such as suspension and license revocation.

Sanctions can include professional development without other sanctions. Teachers are required to pay for all professional development, although they can seek alternative funding. The exception is if the State Superintendent requires them to pay out-of-pocket for training or other development.

The Land of Lincoln has an extensive list of grounds for potential disciplinary action against educators. The following could be grounds for disciplinary action:

• Abuse or neglect of a child

• Sexual misconduct

• Immorality

• A health condition that’s detrimental to the welfare of students

• Incompetency, such as:

  • Receiving an unsatisfactory rating or performance evaluation for more than two school terms

  • The state has additional guidelines for determining incompetency

• Unprofessional conduct, such as:

  • Refusing to attend or participate in meetings or otherwise not meeting other reasonable requirements

  • Violating the standards, ethics, or rules related to assessment tests or examinations

  • Delaying, without cause, filing or making required reports

  • Failing to disclose on an employment application any previous conviction for a sex offense in any state

• Neglect of professional duties

Even with guidelines and factors to help determine what is and isn’t misconduct, some of these categories are open-ended and can be difficult to consistently enforce. This can lead to arbitrary enforcement or out-of-proportion sanctions.

The disciplinary process in Illinois generally follows these steps:

• Someone lodges a complaint against a teacher.

• The State Superintendent of Schools investigates the complaint.

  • This step will include gathering evidence and interviewing witnesses.

  • Teachers should have an opportunity to present their side of the story, either via a written statement or an interview. An attorney can help organize the statement and keep it focused on relevant factors.

• The State Superintendent determines whether a teacher is responsible for an offense.

  • “Responsible for the offense” is the term Illinois uses for evidence pointing to a teacher engaging in misconduct.

• If a teacher is found responsible, the State Superintendent decides whether to assign a sanction.

• Teachers have a right to attend a formal hearing before the State Certification Board and defend against the accusations against them.

  • While similar to courtroom trials, these hearings usually have different rules and structure.

  • Hearings are a crucial opportunity for teachers to defend against the allegations and prevent the suggested sanctions against them.

  • Teachers can submit evidence, call witnesses, and cross-examine the other side’s witness.

  • Teachers can have an attorney present.

Through the investigation, it’s important that teachers present their side of the case in a way that is truthful but also persuasive. Just as a student’s paper can benefit from multiple drafts and revisions, a teacher’s statement and evidence can benefit from revisions and structured preparation.

The Professional License Defense Team at the LLF National Law Firm works with our clients to organize and present evidence in a way that benefits our clients, both during the initial investigation and during the trial. These cases can be complex, and our team helps break down the process to better advocate for our clients.

Teacher License Defense in Indiana

The Indiana Professional Licensing Agency handles teacher licenses in the Hoosier State. This includes being the initial step for misconduct allegations.

The state allows anyone to file a complaint. The Indiana Attorney General reviews them before sending complaints believed to have merit to the Indiana Department of Education for disciplinary action.

The Indiana Department of Education can investigate teachers who are accused of:

• Immorality

• Misconduct in office

• Incompetence

• Willful neglect of duty

These categories are intended to be flexible to cover a range of conduct. For teachers, the problem is that this flexibility can result in inconsistent enforcement. Broad categories can also be vague, meaning different people may have different definitions of what counts.

More cut-and-dry is that certain criminal convictions can also result in sanctions against a teacher. These include:

• Sex crimes

• Kidnapping

• Criminal confinement

• Incest

• Drug or alcohol crimes

• Homicide or manslaughter

• Battery

• Robbery

• Carjacking

• Arson

• Burglary

• Human trafficking

• Public indecency

• The attempt or conspiracy to commit any of the above crimes

A criminal case and a misconduct case are two separate issues. The Professional License Defense Team at the LLF National Law Firm specifically focuses on licensing issues, such as misconduct allegations. We help our clients understand how a criminal case can affect their career and defend against disciplinary actions that can put that career in jeopardy.

The following is the general process for investigating misconduct allegations in the Hoosier State:

• Complaint, which anyone can file if they believe a teacher engaged in misconduct

• Notice, which informs a teacher of the complaint made against them

• Petition, which a teacher files after receiving the notice

  • Teachers must file petitions to request a preliminary hearing.

  • Teachers should pay attention to deadlines and requirements for what a petition should include.

  • Preliminary hearings are the first step in determining the validity of the charges against a teacher.

• Hearing and Final Orders, which puts the burden on the Department of Education to establish the charges against a teacher

  • Both sides can introduce evidence and present witnesses.

  • Teachers can have an attorney present.

• Review, which is an appeal to the Indiana Department of Education

  • This opportunity isn’t available after every hearing, only when the administrative law judge who heard the case isn’t a representative for the Department of Education.

  • The department will affirm, modify, remand, or dissolve the hearing decision.

  • If the department remands a case, a different administrative judge will handle any additional proceedings.

One concern about Indiana’s disciplinary process is that a neutral third party doesn’t always oversee the hearings. In some cases, a representative from the Department of Education will act as the administrative law judge. This is one more reason why teachers need a lawyer who can advocate for them through the process.

Sanctions that the Indiana Department of Education can level against teachers include:

• License suspension

• License revocation

• Downgrade to probationary status

• Suspension without pay

Teachers shouldn’t assume that an investigation will uncover all relevant evidence or be sufficiently thorough. They need an attorney who will be a proactive advocate for them.

The Professional License Defense Team at the LLF National Law Firm ensures that investigations and hearings include the evidence and information that’s relevant for our clients. We build strong defenses to protect our clients and their careers. 

Teacher License Defense in Wisconsin

While the Wisconsin Department of Public Instruction (DPI) handles the process of licensing teachers, the Statement Superintendent handles allegations of educator misconduct. While DPI plays a role in disciplinary actions, the State Superintendent makes the final decision.

The following allegations against a teacher can be grounds for a complaint against them:

• Incompetence

• Immoral conduct, such as:

  • Using school equipment to download, view, solicit, seek, display, or distribute pornographic material

  • Helping a person they either know or suspect has committed a sex offense with a minor or pupil obtain a job in a school or other educational organization

• Federal tax delinquency

• Failing to report suspected child abuse or neglect

• Failing to pay child support or family support

• Failing to comply with a subpoena or warrant issued by the Department of Children and Families (or a county child support agency)

• Another state revoking an educator’s license

• Certain felony convictions

While Wisconsin does provide some guidance on defining these categories, these definitions are broad to cover a wide range of conduct. Given the position of trust teachers have with children, the goal is to have flexibility in determining what conduct could be detrimental to children.

The problem is that these types of vague categories can lead to inconsistent enforcement or overly harsh discipline. In some cases, people can use these types of vague definitions as a way to retaliate or punish an educator.

This is why educators accused of misconduct need to be active in defending against the charges and building a defense. The Professional License Defense Team at the LLF National Law Firm ensures our clients’ rights are protected throughout the process and that they have a strong defense.

The disciplinary process in Wisconsin follows these general steps:

• Complaint, which anyone can file

• Investigation, which is confidential, expect that the DPI will post the name of any teacher under an open investigation

• Notifying the teacher’s school district of the investigation

• Notifying the teacher of the charges against them

• Hearing, which occurs after the investigation is complete

  • Teachers must request a hearing within thirty days of receiving notice of the investigation’s outcome.

  • If a teacher doesn’t respond within thirty days, the disciplinary action against them will take effect.

  • The process and structure for hearings vary depending on the specific details of each case.

The State Superintendent has the final say on all disciplinary action. For serious allegations, Wisconsin teachers can have their license revoked for up to six years. In other cases, a suspension will last until a teacher fulfills certain requirements. For example, if a teacher has their license revoked for tax delinquency, once they satisfy their tax debt, their suspension may end.

The Professional License Defense Team at the LLF National Law Firm works with teachers to defend against the charges against them. We help them navigate the process with the goal of minimizing damage to a teacher’s career.

Protect Your Career

If you’re a teacher in the Chicago area, you’ve worked hard to become a credentialed educator. Misconduct accusations can derail your career and your future.

Understanding the disciplinary process and the best way to defend against misconduct allegations can seem overwhelming. No matter how “minor” or silly a charge may seem, it can result in serious consequences to your career and reputation.

The Professional License Defense Team at the LLF National Law Firm assists our educators with misconduct allegations. We help teachers build evidence-based cases and determine the best way to respond given their specific circumstances. If you’re a teacher in the Chicago area, call us at 888-535-3686 or fill out our online form.