|
| Public Act 103-0111
|
| SB2390 Enrolled | LRB103 28048 RJT 54427 b |
|
|
AN ACT concerning education.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The School Code is amended by changing Sections |
2-3.25o, 2-3.71, 10-20.12a, 10-20.67, 21B-20, and 21B-50 as |
follows:
|
(105 ILCS 5/2-3.25o)
|
Sec. 2-3.25o. Registration and recognition of non-public |
elementary and
secondary schools.
|
(a) Findings. The General Assembly finds and declares (i) |
that the
Constitution
of the State of Illinois provides that a |
"fundamental goal of the People of the
State is the
|
educational development of all persons to the limits of their |
capacities" and
(ii) that the
educational development of every |
school student serves the public purposes of
the State.
In |
order to ensure that all Illinois students and teachers have |
the opportunity
to enroll and
work in State-approved |
educational institutions and programs, the State Board
of
|
Education shall provide for the voluntary registration and |
recognition of
non-public
elementary and secondary schools.
|
(b) Registration. All non-public elementary and secondary |
schools in the
State
of
Illinois may voluntarily register with |
the State Board of Education on an
annual basis. Registration |
|
shall
be completed
in conformance with procedures prescribed |
by the State Board of Education.
Information
required for |
registration shall include assurances of compliance (i) with
|
federal
and State
laws regarding health examination and |
immunization, attendance, length of term,
and
|
nondiscrimination, including assurances that the school will |
not prohibit hairstyles historically associated with race, |
ethnicity, or hair texture, including, but not limited to, |
protective hairstyles such as braids, locks, and twists, and |
(ii) with applicable fire and health safety requirements.
|
(c) Recognition. All non-public elementary and secondary |
schools in the
State of
Illinois may voluntarily seek the |
status of "Non-public School Recognition"
from
the State
Board |
of Education. This status may be obtained by compliance with
|
administrative
guidelines and review procedures as prescribed |
by the State Board of Education.
The
guidelines and procedures |
must recognize that some of the aims and the
financial bases of
|
non-public schools are different from public schools and will |
not be identical
to those for
public schools, nor will they be |
more burdensome. The guidelines and procedures
must
also |
recognize the diversity of non-public schools and shall not |
impinge upon
the
noneducational relationships between those |
schools and their clientele.
|
(c-5) Prohibition against recognition. A non-public |
elementary or secondary school may not obtain "Non-public |
School Recognition" status unless the school requires all |
|
certified and non-certified applicants for employment with the |
school, after July 1, 2007, to authorize a fingerprint-based |
criminal history records check as a condition of employment to |
determine if such applicants have been convicted of any of the |
enumerated criminal or drug offenses set forth in Section |
21B-80 of this Code or have been convicted, within 7 years of |
the application for employment, of any other felony under the |
laws of this State or of any offense committed or attempted in |
any other state or against the laws of the United States that, |
if committed or attempted in this State, would have been |
punishable as a felony under the laws of this State. |
Authorization for the check shall be furnished by the |
applicant to the school, except that if the applicant is a |
substitute teacher seeking employment in more than one |
non-public school, a teacher seeking concurrent part-time |
employment positions with more than one non-public school (as |
a reading specialist, special education teacher, or |
otherwise), or an educational support personnel employee |
seeking employment positions with more than one non-public |
school, then only one of the non-public schools employing the |
individual shall request the authorization. Upon receipt of |
this authorization, the non-public school shall submit the |
applicant's name, sex, race, date of birth, social security |
number, fingerprint images, and other identifiers, as |
prescribed by the Illinois State Police, to the Illinois State |
Police. |
|
The Illinois State Police and Federal Bureau of |
Investigation shall furnish, pursuant to a fingerprint-based |
criminal history records check, records of convictions, |
forever and hereafter, until expunged, to the president or |
principal of the non-public school that requested the check. |
The Illinois State Police shall charge that school a fee for |
conducting such check, which fee must be deposited into the |
State Police Services Fund and must not exceed the cost of the |
inquiry. Subject to appropriations for these purposes, the |
State Superintendent of Education shall reimburse non-public |
schools for fees paid to obtain criminal history records |
checks under this Section. |
A non-public school may not obtain recognition status |
unless the school also performs a check of the Statewide Sex |
Offender Database, as authorized by the Sex Offender Community |
Notification Law, and the Statewide Murderer and Violent |
Offender Against Youth Database, as authorized by the Murderer |
and Violent Offender Against Youth Registration Act, for each |
applicant for employment, after July 1, 2007, to determine |
whether the applicant has been adjudicated of a sex offense or |
of a murder or other violent crime against youth. The checks of |
the Statewide Sex Offender Database and the Stateside Murderer |
and Violent Offender Against Youth Database must be conducted |
by the non-public school once for every 5 years that an |
applicant remains employed by the non-public school. a sex |
offender. |
|
Any information concerning the record of convictions |
obtained by a non-public school's president or principal under |
this Section is confidential and may be disseminated only to |
the governing body of the non-public school or any other |
person necessary to the decision of hiring the applicant for |
employment. A copy of the record of convictions obtained from |
the Illinois State Police shall be provided to the applicant |
for employment. Upon a check of the Statewide Sex Offender |
Database, the non-public school shall notify the applicant as |
to whether or not the applicant has been identified in the Sex |
Offender Database as a sex offender. Any information |
concerning the records of conviction obtained by the |
non-public school's president or principal under this Section |
for a substitute teacher seeking employment in more than one |
non-public school, a teacher seeking concurrent part-time |
employment positions with more than one non-public school (as |
a reading specialist, special education teacher, or |
otherwise), or an educational support personnel employee |
seeking employment positions with more than one non-public |
school may be shared with another non-public school's |
principal or president to which the applicant seeks |
employment. Any unauthorized release of confidential |
information may be a violation of Section 7 of the Criminal |
Identification Act. |
No non-public school may obtain recognition status that |
knowingly employs a person, hired after July 1, 2007, for whom |
|
an Illinois State Police and Federal Bureau of Investigation |
fingerprint-based criminal history records check and a |
Statewide Sex Offender Database check has not been initiated |
or who has been convicted of any offense enumerated in Section |
21B-80 of this Code or any offense committed or attempted in |
any other state or against the laws of the United States that, |
if committed or attempted in this State, would have been |
punishable as one or more of those offenses. No non-public |
school may obtain recognition status under this Section that |
knowingly employs a person who has been found to be the |
perpetrator of sexual or physical abuse of a minor under 18 |
years of age pursuant to proceedings under Article II of the |
Juvenile Court Act of 1987. |
In order to obtain recognition status under this Section, |
a non-public school must require compliance with the |
provisions of this subsection (c-5) from all employees of |
persons or firms holding contracts with the school, including, |
but not limited to, food service workers, school bus drivers, |
and other transportation employees, who have direct, daily |
contact with pupils. Any information concerning the records of |
conviction or identification as a sex offender of any such |
employee obtained by the non-public school principal or |
president must be promptly reported to the school's governing |
body.
|
Prior to the commencement of any student teaching |
experience or required internship (which is referred to as |
|
student teaching in this Section) in any non-public elementary |
or secondary school that has obtained or seeks to obtain |
recognition status under this Section, a student teacher is |
required to authorize a fingerprint-based criminal history |
records check. Authorization for and payment of the costs of |
the check must be furnished by the student teacher to the chief |
administrative officer of the non-public school where the |
student teaching is to be completed. Upon receipt of this |
authorization and payment, the chief administrative officer of |
the non-public school shall submit the student teacher's name, |
sex, race, date of birth, social security number, fingerprint |
images, and other identifiers, as prescribed by the Illinois |
State Police, to the Illinois State Police. The Illinois State |
Police and the Federal Bureau of Investigation shall furnish, |
pursuant to a fingerprint-based criminal history records |
check, records of convictions, forever and hereinafter, until |
expunged, to the chief administrative officer of the |
non-public school that requested the check. The Illinois State |
Police shall charge the school a fee for conducting the check, |
which fee must be passed on to the student teacher, must not |
exceed the cost of the inquiry, and must be deposited into the |
State Police Services Fund. The school shall further perform a |
check of the Statewide Sex Offender Database, as authorized by |
the Sex Offender Community Notification Law, and of the |
Statewide Murderer and Violent Offender Against Youth |
Database, as authorized by the Murderer and Violent Offender |
|
Against Youth Registration Act, for each student teacher. No |
school that has obtained or seeks to obtain recognition status |
under this Section may knowingly allow a person to student |
teach for whom a criminal history records check, a Statewide |
Sex Offender Database check, and a Statewide Murderer and |
Violent Offender Against Youth Database check have not been |
completed and reviewed by the chief administrative officer of |
the non-public school. |
A copy of the record of convictions obtained from the |
Illinois State Police must be provided to the student teacher. |
Any information concerning the record of convictions obtained |
by the chief administrative officer of the non-public school |
is confidential and may be transmitted only to the chief |
administrative officer of the non-public school or his or her |
designee, the State Superintendent of Education, the State |
Educator Preparation and Licensure Board, or, for |
clarification purposes, the Illinois State Police or the |
Statewide Sex Offender Database or Statewide Murderer and |
Violent Offender Against Youth Database. Any unauthorized |
release of confidential information may be a violation of |
Section 7 of the Criminal Identification Act. |
No school that has obtained or seeks to obtain recognition |
status under this Section may knowingly allow a person to |
student teach who has been convicted of any offense that would |
subject him or her to license suspension or revocation |
pursuant to Section 21B-80 of this Code or who has been found |
|
to be the perpetrator of sexual or physical abuse of a minor |
under 18 years of age pursuant to proceedings under Article II |
of the Juvenile Court Act of 1987. |
Any school that has obtained or seeks to obtain |
recognition status under this Section may not prohibit |
hairstyles historically associated with race, ethnicity, or |
hair texture, including, but not limited to, protective |
hairstyles such as braids, locks, and twists. |
(d) Public purposes. The provisions of this Section are in |
the public
interest, for
the public benefit, and serve secular |
public purposes.
|
(e) Definition. For purposes of this Section, a non-public |
school means any
non-profit, non-home-based, and non-public |
elementary or secondary school that
is
in
compliance with |
Title VI of the Civil Rights Act of 1964 and attendance at
|
which
satisfies the requirements of Section 26-1 of this Code.
|
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21; |
102-813, eff. 5-13-22.)
|
(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
|
Sec. 2-3.71. Grants for preschool educational programs. |
(a) Preschool program.
|
(1) The State Board of Education shall implement and |
administer
a grant program under the provisions of this |
subsection which shall
consist of grants to public school |
districts and other eligible entities, as defined by the |
|
State Board of Education, to conduct voluntary
preschool
|
educational programs for children ages 3 to 5 which |
include a parent
education component. A public school |
district which receives grants under
this subsection may |
subcontract with other entities that are eligible to |
conduct a preschool educational
program. These grants must |
be used to supplement, not supplant, funds received from |
any other source.
|
(2) (Blank).
|
(3) Except as otherwise provided under this subsection |
(a), any teacher of preschool children in the program |
authorized by this
subsection shall hold a Professional |
Educator License with an early childhood education |
endorsement. |
(3.5) Beginning with the 2018-2019 school year and |
until the 2028-2029 2023-2024 school year, an individual |
may teach preschool children in an early childhood program |
under this Section if he or she holds a Professional |
Educator License with an early childhood education |
endorsement or with short-term approval for early |
childhood education or he or she pursues a Professional |
Educator License and holds any of the following: |
(A) An ECE Credential Level of 5 awarded by the |
Department of Human Services under the Gateways to |
Opportunity Program developed under Section 10-70 of |
the Department of Human Services Act. |
|
(B) An Educator License with Stipulations with a |
transitional bilingual educator endorsement and he or |
she has (i) passed an early childhood education |
content test or (ii) completed no less than 9 semester |
hours of postsecondary coursework in the area of early |
childhood education.
|
(4) (Blank).
|
(4.5) The State Board of Education shall provide the |
primary source of
funding through appropriations for the |
program.
Such funds shall be distributed to achieve a goal |
of "Preschool for All Children" for the benefit
of all |
children whose families choose to participate in the |
program. Based on available appropriations, newly funded |
programs shall be selected through a process giving first |
priority to qualified programs serving primarily at-risk |
children and second priority to qualified programs serving |
primarily children with a family income of less than 4 |
times the poverty guidelines updated periodically in the |
Federal Register by the U.S. Department of Health and |
Human Services under the authority of 42 U.S.C. 9902(2). |
For purposes of this paragraph (4.5), at-risk children are |
those who because of their home and community environment |
are subject
to such language, cultural, economic and like |
disadvantages to cause them to have
been determined as a |
result of screening procedures to be at risk of
academic |
failure. Such screening procedures shall be based on |
|
criteria
established by the State Board of Education. |
Except as otherwise provided in this paragraph (4.5), |
grantees under the program must enter into a memorandum of |
understanding with the appropriate local Head Start |
agency. This memorandum must be entered into no later than |
3 months after the award of a grantee's grant under the |
program, except that, in the case of the 2009-2010 program |
year, the memorandum must be entered into no later than |
the deadline set by the State Board of Education for |
applications to participate in the program in fiscal year |
2011, and must address collaboration between the grantee's |
program and the local Head Start agency on certain issues, |
which shall include without limitation the following: |
(A) educational activities, curricular objectives, |
and instruction; |
(B) public information dissemination and access to |
programs for families contacting programs; |
(C) service areas; |
(D) selection priorities for eligible children to |
be served by programs; |
(E) maximizing the impact of federal and State |
funding to benefit young children; |
(F) staff training, including opportunities for |
joint staff training; |
(G) technical assistance; |
(H) communication and parent outreach for smooth |
|
transitions to kindergarten; |
(I) provision and use of facilities, |
transportation, and other program elements; |
(J) facilitating each program's fulfillment of its |
statutory and regulatory requirements; |
(K) improving local planning and collaboration; |
and |
(L) providing comprehensive services for the |
neediest Illinois children and families. |
If the appropriate local Head Start agency is unable or |
unwilling to enter into a memorandum of understanding as |
required under this paragraph (4.5), the memorandum of |
understanding requirement shall not apply and the grantee |
under the program must notify the State Board of Education |
in writing of the Head Start agency's inability or |
unwillingness. The State Board of Education shall compile |
all such written notices and make them available to the |
public. |
(5) The State Board of Education shall develop and |
provide
evaluation tools, including tests, that school |
districts and other eligible entities may use to
evaluate |
children for school readiness prior to age 5. The State |
Board of
Education shall require school districts and |
other eligible entities
to obtain consent from the parents
|
or guardians of children before any evaluations are |
conducted. The State
Board of Education shall encourage |
|
local school districts and other eligible entities to |
evaluate the
population of preschool children in their |
communities and provide preschool
programs, pursuant to |
this subsection, where appropriate.
|
(6) The State Board of Education shall report to the |
General Assembly by November 1, 2018
and every
2 years |
thereafter on the results and progress of
students who |
were enrolled in preschool educational programs, including |
an
assessment of which programs have been most successful |
in promoting
academic excellence and alleviating academic |
failure. The State Board of
Education shall assess the |
academic progress of all students who have been
enrolled |
in preschool educational programs.
|
On or before November 1 of each fiscal year in which |
the General Assembly provides funding for new programs |
under paragraph (4.5) of this Section, the State Board of |
Education shall report to the General Assembly on what |
percentage of new funding was provided to programs serving |
primarily at-risk children, what percentage of new funding |
was provided to programs serving primarily children with a |
family income of less than 4 times the federal poverty |
level, and what percentage of new funding was provided to |
other programs. |
(7) Due to evidence that expulsion practices in the |
preschool years are linked to poor child outcomes and are |
employed inconsistently across racial and gender groups, |
|
early childhood programs receiving State funds under this |
subsection (a) shall prohibit expulsions. Planned |
transitions to settings that are able to better meet a |
child's needs are not considered expulsion under this |
paragraph (7). |
(A) When persistent and serious challenging |
behaviors emerge, the early childhood program shall |
document steps taken to ensure that the child can |
participate safely in the program; including |
observations of initial and ongoing challenging |
behaviors, strategies for remediation and intervention |
plans to address the behaviors, and communication with |
the parent or legal guardian, including participation |
of the parent or legal guardian in planning and |
decision-making. |
(B) The early childhood program shall, with |
parental or legal guardian consent as required, |
utilize a range of community resources, if available |
and deemed necessary, including, but not limited to, |
developmental screenings, referrals to programs and |
services administered by a local educational agency or |
early intervention agency under Parts B and C of the |
federal Individual with Disabilities Education Act, |
and consultation with infant and early childhood |
mental health consultants and the child's health care |
provider. The program shall document attempts to |
|
engage these resources, including parent or legal |
guardian participation and consent attempted and |
obtained. Communication with the parent or legal |
guardian shall take place in a culturally and |
linguistically competent manner. |
(C) If there is documented evidence that all |
available interventions and supports recommended by a |
qualified professional have been exhausted and the |
program determines in its professional judgment that |
transitioning a child to another program is necessary |
for the well-being of the child or his or her peers and |
staff, with parent or legal guardian permission, both |
the current and pending programs shall create a |
transition plan designed to ensure continuity of |
services and the comprehensive development of the |
child. Communication with families shall occur in a |
culturally and linguistically competent manner. |
(D) Nothing in this paragraph (7) shall preclude a |
parent's or legal guardian's right to voluntarily |
withdraw his or her child from an early childhood |
program. Early childhood programs shall request and |
keep on file, when received, a written statement from |
the parent or legal guardian stating the reason for |
his or her decision to withdraw his or her child. |
(E) In the case of the determination of a serious |
safety threat to a child or others or in the case of |
|
behaviors listed in subsection (d) of Section 10-22.6 |
of this Code, the temporary removal of a child from |
attendance in group settings may be used. Temporary |
removal of a child from attendance in a group setting |
shall trigger the process detailed in subparagraphs |
(A), (B), and (C) of this paragraph (7), with the child |
placed back in a group setting as quickly as possible. |
(F) Early childhood programs may utilize and the |
State Board of Education, the Department of Human |
Services, and the Department of Children and Family |
Services shall recommend training, technical support, |
and professional development resources to improve the |
ability of teachers, administrators, program |
directors, and other staff to promote social-emotional |
development and behavioral health, to address |
challenging behaviors, and to understand trauma and |
trauma-informed care, cultural competence, family |
engagement with diverse populations, the impact of |
implicit bias on adult behavior, and the use of |
reflective practice techniques. Support shall include |
the availability of resources to contract with infant |
and early childhood mental health consultants. |
(G) Beginning on July 1, 2018, early childhood |
programs shall annually report to the State Board of |
Education, and, beginning in fiscal year 2020, the |
State Board of Education shall make available on a |
|
biennial basis, in an existing report, all of the |
following data for children from birth to age 5 who are |
served by the program: |
(i) Total number served over the course of the |
program year and the total number of children who |
left the program during the program year. |
(ii) Number of planned transitions to another |
program due to children's behavior, by children's |
race, gender, disability, language, class/group |
size, teacher-child ratio, and length of program |
day. |
(iii) Number of temporary removals of a child |
from attendance in group settings due to a serious |
safety threat under subparagraph (E) of this |
paragraph (7), by children's race, gender, |
disability, language, class/group size, |
teacher-child ratio, and length of program day. |
(iv) Hours of infant and early childhood |
mental health consultant contact with program |
leaders, staff, and families over the program |
year. |
(H) Changes to services for children with an |
individualized education program or individual family |
service plan shall be construed in a manner consistent |
with the federal Individuals with Disabilities |
Education Act. |
|
The State Board of Education, in consultation with the |
Governor's Office of Early Childhood Development and the |
Department of Children and Family Services, shall adopt |
rules to administer this paragraph (7). |
(b) (Blank).
|
(c) Notwithstanding any other provisions of this Section, |
grantees may serve children ages 0 to 12 of essential workers |
if the Governor has declared a disaster due to a public health |
emergency pursuant to Section 7 of the Illinois Emergency |
Management Agency Act. For the purposes of this subsection, |
essential workers include those outlined in Executive Order |
20-8 and school employees. The State Board of Education shall |
adopt rules to administer this subsection. |
(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18; |
101-643, eff. 6-18-20.)
|
(105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
|
Sec. 10-20.12a. Tuition for non-resident pupils. |
(a) To charge non-resident pupils who attend the schools |
of the district
tuition in an amount not exceeding 110% of the |
per capita
cost of maintaining the schools of the district for |
the preceding school year.
|
Such per capita cost shall be computed by dividing the |
total cost of
conducting and maintaining the schools of the |
district by the average daily
attendance, including tuition |
pupils. Depreciation on the buildings and
equipment of the |
|
schools of the district, and the amount of annual
depreciation |
on such buildings and equipment shall be dependent upon the
|
useful life of such property.
|
The tuition charged shall in no case exceed 110% of the per |
capita
cost of conducting and maintaining the schools of the |
district attended, as
determined
with reference to the most |
recent audit prepared under Section 3-7 which is
available at |
the commencement of the current school year.
Non-resident |
pupils attending the schools of the district
for less than the
|
school term shall have their tuition apportioned, however |
pupils who become
non-resident during a school term shall not |
be charged tuition for the
remainder of the school term in |
which they became non-resident pupils. |
Notwithstanding the provisions of this Section, a school |
district may adopt a policy to waive tuition costs for a |
non-resident pupil if the pupil is a child of a district |
employee. For purposes of this paragraph, "child" means a |
district employee's child who is a biological child, adopted |
child, foster child, stepchild, or a child for which the |
employee serves as a legal guardian.
|
(b) Unless otherwise agreed to by the parties involved and |
where the
educational services are not otherwise provided for, |
educational services
for an Illinois student under the age of |
21 (and not eligible for services pursuant to Article 14 of |
this Code) in any residential program
shall be provided by
the |
district in which the facility is located and financed as |
|
follows. The
cost of educational services shall be paid by the |
district in which the
student resides in an amount equal to the |
cost of providing educational
services in the residential |
facility. Payments shall be made by the district
of the |
student's residence and shall be made to the district wherein |
the
facility is located no less than once per month unless |
otherwise agreed to
by the parties. |
The funding provision of this subsection (b) applies to |
all Illinois students under the age of 21 (and not eligible for |
services pursuant to Article 14 of this Code) receiving |
educational services in residential facilities, irrespective |
of whether the student was placed therein pursuant to this |
Code or the Juvenile Court Act of 1987 or by an Illinois public |
agency or a court. The changes to this subsection (b) made by |
this amendatory Act of the 95th General Assembly apply to all |
placements in effect on July 1, 2007 and all placements |
thereafter. For purposes of this subsection (b), a student's |
district of residence shall be determined in accordance with |
subsection (a) of Section 10-20.12b of this Code. The |
placement of a student in a residential facility shall not |
affect the residency of the student. When a dispute arises |
over the determination of the district of residence under this |
subsection (b), any person or entity, including without |
limitation a school district or residential facility, may make |
a written request for a residency decision to the State |
Superintendent of Education, who, upon review of materials |
|
submitted and any other items or information he or she may |
request for submission, shall issue his or her decision in |
writing. The decision of the State Superintendent of Education |
is final.
|
(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
|
(105 ILCS 5/10-20.67) |
(Section scheduled to be repealed on July 1, 2023) |
Sec. 10-20.67. Short-term substitute teacher training. |
(a) Each school board shall, in collaboration with its |
teachers or, if applicable, the exclusive bargaining |
representative of its teachers, jointly develop a short-term |
substitute teacher training program that provides individuals |
who hold a Short-Term Substitute Teaching License under |
Section 21B-20 of this Code with information on curriculum, |
classroom management techniques, school safety, and district |
and building operations. The State Board of Education may |
develop a model short-term substitute teacher training program |
for use by a school board under this subsection (a) if the |
school board and its teachers or, if applicable, the exclusive |
bargaining representative of its teachers agree to use the |
State Board's model. A school board with a substitute teacher |
training program in place before July 1, 2018 (the effective |
date of Public Act 100-596) may utilize that program to |
satisfy the requirements of this subsection (a). |
(b) Nothing in this Section prohibits a school board from |
|
offering substitute training to substitute teachers licensed |
under paragraph (3) of Section 21B-20 of this Code or to |
substitute teachers holding a Professional Educator License. |
(c) (Blank) This Section is repealed on July 1, 2023.
|
(Source: P.A. 100-596, eff. 7-1-18; 101-81, eff. 7-12-19.)
|
(105 ILCS 5/21B-20) |
Sec. 21B-20. Types of licenses. The State Board of |
Education shall implement a system of educator licensure, |
whereby individuals employed in school districts who are |
required to be licensed must have one of the following |
licenses: (i) a professional educator license; (ii) an |
educator license with stipulations; (iii) a substitute |
teaching license; or (iv) until June 30, 2028 2023, a |
short-term substitute teaching license. References in law |
regarding individuals certified or certificated or required to |
be certified or certificated under Article 21 of this Code |
shall also include individuals licensed or required to be |
licensed under this Article. The first year of all licenses |
ends on June 30 following one full year of the license being |
issued. |
The State Board of Education, in consultation with the |
State Educator Preparation and Licensure Board, may adopt such |
rules as may be necessary to govern the requirements for |
licenses and endorsements under this Section. |
(1) Professional Educator License. Persons who (i) |
|
have successfully completed an approved educator |
preparation program and are recommended for licensure by |
the Illinois institution offering the educator preparation |
program, (ii) have successfully completed the required |
testing under Section 21B-30 of this Code, (iii) have |
successfully completed coursework on the psychology of, |
the identification of, and the methods of instruction for |
the exceptional child, including without limitation |
children with learning disabilities, (iv) have |
successfully completed coursework in methods of reading |
and reading in the content area, and (v) have met all other |
criteria established by rule of the State Board of |
Education shall be issued a Professional Educator License. |
All Professional Educator Licenses are valid until June 30 |
immediately following 5 years of the license being issued. |
The Professional Educator License shall be endorsed with |
specific areas and grade levels in which the individual is |
eligible to practice. For an early childhood education |
endorsement, an individual may satisfy the student |
teaching requirement of his or her early childhood teacher |
preparation program through placement in a setting with |
children from birth through grade 2, and the individual |
may be paid and receive credit while student teaching. The |
student teaching experience must meet the requirements of |
and be approved by the individual's early childhood |
teacher preparation program. |
|
Individuals can receive subsequent endorsements on the |
Professional Educator License. Subsequent endorsements |
shall require a minimum of 24 semester hours of coursework |
in the endorsement area and passage of the applicable |
content area test, unless otherwise specified by rule. |
(2) Educator License with Stipulations. An Educator |
License with Stipulations shall be issued an endorsement |
that limits the license holder to one particular position |
or does not require completion of an approved educator |
program or both. |
An individual with an Educator License with |
Stipulations must not be employed by a school district or |
any other entity to replace any presently employed teacher |
who otherwise would not be replaced for any reason. |
An Educator License with Stipulations may be issued |
with the following endorsements: |
(A) (Blank). |
(B) Alternative provisional educator. An |
alternative provisional educator endorsement on an |
Educator License with Stipulations may be issued to an |
applicant who, at the time of applying for the |
endorsement, has done all of the following: |
(i) Graduated from a regionally accredited |
college or university with a minimum of a |
bachelor's degree. |
(ii) Successfully completed the first phase of |
|
the Alternative Educator Licensure Program for |
Teachers, as described in Section 21B-50 of this |
Code. |
(iii) Passed a content area test, as required |
under Section 21B-30 of this Code. |
The alternative provisional educator endorsement is |
valid for 2 years of teaching and may be renewed for a |
third year by an individual meeting the requirements set |
forth in Section 21B-50 of this Code. |
(C) Alternative provisional superintendent. An |
alternative provisional superintendent endorsement on |
an Educator License with Stipulations entitles the |
holder to serve only as a superintendent or assistant |
superintendent in a school district's central office. |
This endorsement may only be issued to an applicant |
who, at the time of applying for the endorsement, has |
done all of the following: |
(i) Graduated from a regionally accredited |
college or university with a minimum of a master's |
degree in a management field other than education. |
(ii) Been employed for a period of at least 5 |
years in a management level position in a field |
other than education. |
(iii) Successfully completed the first phase |
of an alternative route to superintendent |
endorsement program, as provided in Section 21B-55 |
|
of this Code. |
(iv) Passed a content area test required under |
Section 21B-30 of this Code. |
The endorsement is valid for 2 fiscal years in |
order to complete one full year of serving as a |
superintendent or assistant superintendent. |
(D) (Blank). |
(E) Career and technical educator. A career and |
technical educator endorsement on an Educator License |
with Stipulations may be issued to an applicant who |
has a minimum of 60 semester hours of coursework from a |
regionally accredited institution of higher education |
or an accredited trade and technical institution and |
has a minimum of 2,000 hours of experience outside of |
education in each area to be taught. |
The career and technical educator endorsement on |
an Educator License with Stipulations is valid until |
June 30 immediately following 5 years of the |
endorsement being issued and may be renewed. |
An individual who holds a valid career and |
technical educator endorsement on an Educator License |
with Stipulations but does not hold a bachelor's |
degree may substitute teach in career and technical |
education classrooms. |
(F) (Blank). |
(G) Transitional bilingual educator. A |
|
transitional bilingual educator endorsement on an |
Educator License with Stipulations may be issued for |
the purpose of providing instruction in accordance |
with Article 14C of this Code to an applicant who |
provides satisfactory evidence that he or she meets |
all of the following requirements: |
(i) Possesses adequate speaking, reading, and |
writing ability in the language other than English |
in which transitional bilingual education is |
offered. |
(ii) Has the ability to successfully |
communicate in English. |
(iii) Either possessed, within 5 years |
previous to his or her applying for a transitional |
bilingual educator endorsement, a valid and |
comparable teaching certificate or comparable |
authorization issued by a foreign country or holds |
a degree from an institution of higher learning in |
a foreign country that the State Educator |
Preparation and Licensure Board determines to be |
the equivalent of a bachelor's degree from a |
regionally accredited institution of higher |
learning in the United States. |
A transitional bilingual educator endorsement |
shall be valid for prekindergarten through grade 12, |
is valid until June 30 immediately following 5 years |
|
of the endorsement being issued, and shall not be |
renewed. |
Persons holding a transitional bilingual educator |
endorsement shall not be employed to replace any |
presently employed teacher who otherwise would not be |
replaced for any reason. |
(H) Language endorsement. In an effort to |
alleviate the shortage of teachers speaking a language |
other than English in the public schools, an |
individual who holds an Educator License with |
Stipulations may also apply for a language |
endorsement, provided that the applicant provides |
satisfactory evidence that he or she meets all of the |
following requirements: |
(i) Holds a transitional bilingual |
endorsement. |
(ii) Has demonstrated proficiency in the |
language for which the endorsement is to be issued |
by passing the applicable language content test |
required by the State Board of Education. |
(iii) Holds a bachelor's degree or higher from |
a regionally accredited institution of higher |
education or, for individuals educated in a |
country other than the United States, holds a |
degree from an institution of higher learning in a |
foreign country that the State Educator |
|
Preparation and Licensure Board determines to be |
the equivalent of a bachelor's degree from a |
regionally accredited institution of higher |
learning in the United States. |
(iv) (Blank). |
A language endorsement on an Educator License with |
Stipulations is valid for prekindergarten through |
grade 12 for the same validity period as the |
individual's transitional bilingual educator |
endorsement on the Educator License with Stipulations |
and shall not be renewed. |
(I) Visiting international educator. A visiting |
international educator endorsement on an Educator |
License with Stipulations may be issued to an |
individual who is being recruited by a particular |
school district that conducts formal recruitment |
programs outside of the United States to secure the |
services of qualified teachers and who meets all of |
the following requirements: |
(i) Holds the equivalent of a minimum of a |
bachelor's degree issued in the United States. |
(ii) Has been prepared as a teacher at the |
grade level for which he or she will be employed. |
(iii) Has adequate content knowledge in the |
subject to be taught. |
(iv) Has an adequate command of the English |
|
language. |
A holder of a visiting international educator |
endorsement on an Educator License with Stipulations |
shall be permitted to teach in bilingual education |
programs in the language that was the medium of |
instruction in his or her teacher preparation program, |
provided that he or she passes the English Language |
Proficiency Examination or another test of writing |
skills in English identified by the State Board of |
Education, in consultation with the State Educator |
Preparation and Licensure Board. |
A visiting international educator endorsement on |
an Educator License with Stipulations is valid for 5 |
years and shall not be renewed. |
(J) Paraprofessional educator. A paraprofessional |
educator endorsement on an Educator License with |
Stipulations may be issued to an applicant who holds a |
high school diploma or its recognized equivalent and |
(i) holds an associate's degree or a minimum of 60 |
semester hours of credit from a regionally accredited |
institution of higher education; (ii) has passed a |
paraprofessional competency test under subsection |
(c-5) of Section 21B-30; or (iii) is at least 18 years |
of age and will be using the Educator License with |
Stipulations exclusively for grades prekindergarten |
through grade 8, until the individual reaches the age |
|
of 19 years and otherwise meets the criteria for a |
paraprofessional educator endorsement pursuant to this |
subparagraph (J). The paraprofessional educator |
endorsement is valid until June 30 immediately |
following 5 years of the endorsement being issued and |
may be renewed through application and payment of the |
appropriate fee, as required under Section 21B-40 of |
this Code. An individual who holds only a |
paraprofessional educator endorsement is not subject |
to additional requirements in order to renew the |
endorsement. |
(K) Chief school business official. A chief school |
business official endorsement on an Educator License |
with Stipulations may be issued to an applicant who |
qualifies by having a master's degree or higher, 2 |
years of full-time administrative experience in school |
business management or 2 years of university-approved |
practical experience, and a minimum of 24 semester |
hours of graduate credit in a program approved by the |
State Board of Education for the preparation of school |
business administrators and by passage of the |
applicable State tests, including an applicable |
content area test. |
The chief school business official endorsement may |
also be affixed to the Educator License with |
Stipulations of any holder who qualifies by having a |
|
master's degree in business administration, finance, |
accounting, or public administration and who completes |
an additional 6 semester hours of internship in school |
business management from a regionally accredited |
institution of higher education and passes the |
applicable State tests, including an applicable |
content area test. This endorsement shall be required |
for any individual employed as a chief school business |
official. |
The chief school business official endorsement on |
an Educator License with Stipulations is valid until |
June 30 immediately following 5 years of the |
endorsement being issued and may be renewed if the |
license holder completes renewal requirements as |
required for individuals who hold a Professional |
Educator License endorsed for chief school business |
official under Section 21B-45 of this Code and such |
rules as may be adopted by the State Board of |
Education. |
The State Board of Education shall adopt any rules |
necessary to implement Public Act 100-288. |
(L) Provisional in-state educator. A provisional |
in-state educator endorsement on an Educator License |
with Stipulations may be issued to a candidate who has |
completed an Illinois-approved educator preparation |
program at an Illinois institution of higher education |
|
and who has not successfully completed an |
evidence-based assessment of teacher effectiveness but |
who meets all of the following requirements: |
(i) Holds at least a bachelor's degree. |
(ii) Has completed an approved educator |
preparation program at an Illinois institution. |
(iii) Has passed an applicable content area |
test, as required by Section 21B-30 of this Code. |
(iv) Has attempted an evidence-based |
assessment of teacher effectiveness and received a |
minimum score on that assessment, as established |
by the State Board of Education in consultation |
with the State Educator Preparation and Licensure |
Board. |
A provisional in-state educator endorsement on an |
Educator License with Stipulations is valid for one |
full fiscal year after the date of issuance and may not |
be renewed. |
(M) (Blank). |
(N) Specialized services. A specialized services |
endorsement on an Educator License with Stipulations |
may be issued as defined and specified by rule. |
(3) Substitute Teaching License. A Substitute Teaching |
License may be issued to qualified applicants for |
substitute teaching in all grades of the public schools, |
prekindergarten through grade 12. Substitute Teaching |
|
Licenses are not eligible for endorsements. Applicants for |
a Substitute Teaching License must hold a bachelor's |
degree or higher from a regionally accredited institution |
of higher education or must be enrolled in an approved |
educator preparation program in this State and have earned |
at least 90 credit hours. |
Substitute Teaching Licenses are valid for 5 years. |
Substitute Teaching Licenses are valid for substitute |
teaching in every county of this State. If an individual |
has had his or her Professional Educator License or |
Educator License with Stipulations suspended or revoked, |
then that individual is not eligible to obtain a |
Substitute Teaching License. |
A substitute teacher may only teach in the place of a |
licensed teacher who is under contract with the employing |
board. If, however, there is no licensed teacher under |
contract because of an emergency situation, then a |
district may employ a substitute teacher for no longer |
than 30 calendar days per each vacant position in the |
district if the district notifies the appropriate regional |
office of education within 5 business days after the |
employment of the substitute teacher in the emergency |
situation. An emergency situation is one in which an |
unforeseen vacancy has occurred and (i) a teacher is |
unable to fulfill his or her contractual duties or (ii) |
teacher capacity needs of the district exceed previous |
|
indications, and the district is actively engaged in |
advertising to hire a fully licensed teacher for the |
vacant position. |
There is no limit on the number of days that a |
substitute teacher may teach in a single school district, |
provided that no substitute teacher may teach for longer |
than 120 days beginning with the 2021-2022 school year |
through the 2022-2023 school year, otherwise 90 school |
days for any one licensed teacher under contract in the |
same school year. A substitute teacher who holds a |
Professional Educator License or Educator License with |
Stipulations shall not teach for more than 120 school days |
for any one licensed teacher under contract in the same |
school year. The limitations in this paragraph (3) on the |
number of days a substitute teacher may be employed do not |
apply to any school district operating under Article 34 of |
this Code. |
A school district may not require an individual who |
holds a valid Professional Educator License or Educator |
License with Stipulations to seek or hold a Substitute |
Teaching License to teach as a substitute teacher. |
(4) Short-Term Substitute Teaching License. Beginning |
on July 1, 2018 and until June 30, 2028 2023, applicants |
may apply to the State Board of Education for issuance of |
may issue a Short-Term Substitute Teaching License. A |
Short-Term Substitute Teaching License may be issued to a |
|
qualified applicant for substitute teaching in all grades |
of the public schools, prekindergarten through grade 12. |
Short-Term Substitute Teaching Licenses are not eligible |
for endorsements. Applicants for a Short-Term Substitute |
Teaching License must hold an associate's degree or have |
completed at least 60 credit hours from a regionally |
accredited institution of higher education. |
Short-Term Substitute Teaching Licenses are valid for |
substitute teaching in every county of this State. If an |
individual has had his or her Professional Educator |
License or Educator License with Stipulations suspended or |
revoked, then that individual is not eligible to obtain a |
Short-Term Substitute Teaching License. |
The provisions of Sections 10-21.9 and 34-18.5 of this |
Code apply to short-term substitute teachers. |
An individual holding a Short-Term Substitute Teaching |
License may teach no more than 15 consecutive days per |
licensed teacher who is under contract. For teacher |
absences lasting 6 or more days per licensed teacher who |
is under contract, a school district may not hire an |
individual holding a Short-Term Substitute Teaching |
License, unless the Governor has declared a disaster due |
to a public health emergency pursuant to Section 7 of the |
Illinois Emergency Management Agency Act. An individual |
holding a Short-Term Substitute Teaching License must |
complete the training program under Section 10-20.67 or |
|
34-18.60 of this Code to be eligible to teach at a public |
school. Short-term substitute teaching licenses under this |
Section are valid for 5 years. This paragraph (4) is |
inoperative on and after July 1, 2023.
|
(Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19; |
101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff. |
1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717, |
eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)
|
(105 ILCS 5/21B-50) |
Sec. 21B-50. Alternative Educator Licensure Program. |
(a) There is established an alternative educator licensure |
program, to be known as the Alternative Educator Licensure |
Program for Teachers. |
(b) The Alternative Educator Licensure Program for |
Teachers may be offered by a recognized institution approved |
to offer educator preparation programs by the State Board of |
Education, in consultation with the State Educator Preparation |
and Licensure Board. |
The program shall be comprised of up to 3 4 phases: |
(1) A course of study that at a minimum includes |
instructional planning; instructional strategies, |
including special education, reading, and English language |
learning; classroom management; and the assessment of |
students and use of data to drive instruction. |
(2) A year of residency, which is a candidate's |
|
assignment to a full-time teaching position or as a |
co-teacher for one full school year. An individual must |
hold an Educator License with Stipulations with an |
alternative provisional educator endorsement in order to |
enter the residency. In residency, the candidate must: be |
assigned an effective, fully licensed teacher by the |
principal or principal equivalent to act as a mentor and |
coach the candidate through residency, and must complete |
additional program requirements that address required |
State and national standards, pass the State Board's |
teacher performance assessment no later than the end of |
the first semester of the second year of residency, as |
required under phase (3) of this subsection (b), and be |
recommended by the principal or qualified equivalent of a |
principal, as required under subsection (d) of this |
Section, and the program coordinator to be recommended for |
full licensure or to continue with a the second year of the |
residency. |
(3) (Blank). A second year of residency, which shall |
include the candidate's assignment to a full-time teaching |
position for one school year. The candidate must be |
assigned an experienced teacher to act as a mentor and |
coach the candidate through the second year of residency. |
(4) A comprehensive assessment of the candidate's |
teaching effectiveness, as evaluated by the principal or |
qualified equivalent of a principal, as required under |
|
subsection (d) of this Section, and the program |
coordinator, at the end of either the first or the second |
year of residency. If there is disagreement between the 2 |
evaluators about the candidate's teaching effectiveness at |
the end of the first year of residency, a second year of |
residency shall be required. If there is disagreement |
between the 2 evaluators at the end of the second year of |
residency, the candidate may complete one additional year |
of residency teaching under a professional development |
plan developed by the principal or qualified equivalent |
and the preparation program. At the completion of the |
third year, a candidate must have positive evaluations and |
a recommendation for full licensure from both the |
principal or qualified equivalent and the program |
coordinator or no Professional Educator License shall be |
issued. |
Successful completion of the program shall be deemed to |
satisfy any other practice or student teaching and content |
matter requirements established by law. |
(c) An alternative provisional educator endorsement on an |
Educator License with Stipulations is valid for up to 2 years |
of teaching in the public schools, including without |
limitation a preschool educational program under Section |
2-3.71 of this Code or charter school, or in a |
State-recognized nonpublic school in which the chief |
administrator is required to have the licensure necessary to |
|
be a principal in a public school in this State and in which a |
majority of the teachers are required to have the licensure |
necessary to be instructors in a public school in this State, |
but may be renewed for a third year if needed to complete the |
Alternative Educator Licensure Program for Teachers. The |
endorsement shall be issued only once to an individual who |
meets all of the following requirements: |
(1) Has graduated from a regionally accredited college |
or university with a bachelor's degree or higher. |
(2) (Blank). |
(3) Has completed a major in the content area if |
seeking a middle or secondary level endorsement or, if |
seeking an early childhood, elementary, or special |
education endorsement, has completed a major in the |
content area of early childhood reading, English/language |
arts, mathematics, or one of the sciences. If the |
individual does not have a major in a content area for any |
level of teaching, he or she must submit transcripts to |
the State Board of Education to be reviewed for |
equivalency. |
(4) Has successfully completed phase (1) of subsection |
(b) of this Section. |
(5) Has passed a content area test required for the |
specific endorsement for admission into the program, as |
required under Section 21B-30 of this Code. |
A candidate possessing the alternative provisional |
|
educator endorsement may receive a salary, benefits, and any |
other terms of employment offered to teachers in the school |
who are members of an exclusive bargaining representative, if |
any, but a school is not required to provide these benefits |
during the years of residency if the candidate is serving only |
as a co-teacher. If the candidate is serving as the teacher of |
record, the candidate must receive a salary, benefits, and any |
other terms of employment. Residency experiences must not be |
counted towards tenure. |
(d) The recognized institution offering the Alternative |
Educator Licensure Program for Teachers must partner with a |
school district, including without limitation a preschool |
educational program under Section 2-3.71 of this Code or |
charter school, or a State-recognized, nonpublic school in |
this State in which the chief administrator is required to |
have the licensure necessary to be a principal in a public |
school in this State and in which a majority of the teachers |
are required to have the licensure necessary to be instructors |
in a public school in this State. A recognized institution |
that partners with a public school district administering a |
preschool educational program under Section 2-3.71 of this |
Code must require a principal to recommend or evaluate |
candidates in the program. A recognized institution that |
partners with an eligible entity administering a preschool |
educational program under Section 2-3.71 of this Code and that |
is not a public school district must require a principal or |
|
qualified equivalent of a principal to recommend or evaluate |
candidates in the program. The program presented for approval |
by the State Board of Education must demonstrate the supports |
that are to be provided to assist the provisional teacher |
during the 1-year or 2-year residency period and if the |
residency period is to be less than 2 years in length, |
assurances from the partner school districts to provide |
intensive mentoring and supports through at least the end of |
the second full year of teaching for educators who completed |
the Alternative Educators Licensure Program in less than 2 |
years. These supports must, at a minimum, provide additional |
contact hours with mentors during the first year of residency. |
(e) Upon completion of the 4 phases under paragraphs (1), |
(2), (4), and, if needed, (3) outlined in subsection (b) of |
this Section and all assessments required under Section 21B-30 |
of this Code, an individual shall receive a Professional |
Educator License. |
(f) The State Board of Education, in consultation with the |
State Educator Preparation and Licensure Board, may adopt such |
rules as may be necessary to establish and implement the |
Alternative Educator Licensure Program for Teachers.
|
(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19; |
101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff. |
6-18-20; 101-654, eff. 3-8-21.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|
