Bill Amendment: IL SB0010 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: PARAPROFESSIONAL EDUCATOR

Status: 2020-02-19 - Added as Co-Sponsor Sen. Terry Link [SB0010 Detail]

Download: Illinois-2019-SB0010-House_Amendment_001.html

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Rep. Fred Crespo

Filed: 10/24/2019

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AMENDMENT TO SENATE BILL 10
AMENDMENT NO. ______. Amend Senate Bill 10 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Sections
14-8.02a, 21B-20, 21B-30, and 27A-10 as follows:
(105 ILCS 5/14-8.02a)
Sec. 14-8.02a. Impartial due process hearing; civil
action.
(a) This Section shall apply to all impartial due process
hearings requested on or after July 1, 2005. Impartial due
process hearings requested before July 1, 2005 shall be
governed by the rules described in Public Act 89-652.
(a-5) For purposes of this Section and Section 14-8.02b of
this Code, days shall be computed in accordance with Section
1.11 of the Statute on Statutes.
(b) The State Board of Education shall establish an

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impartial due process hearing system in accordance with this
Section and may, with the advice and approval of the Advisory
Council on Education of Children with Disabilities, promulgate
rules and regulations consistent with this Section to establish
the rules and procedures for due process hearings.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) An impartial due process hearing shall be convened upon
the request of a parent, student if at least 18 years of age or
emancipated, or a school district. A school district shall make
a request in writing to the State Board of Education and
promptly mail a copy of the request to the parents or student
(if at least 18 years of age or emancipated) at the parent's or
student's last known address. A request made by the parent or
student shall be made in writing to the superintendent of the
school district where the student resides. The superintendent
shall forward the request to the State Board of Education
within 5 days after receipt of the request. The request shall
be filed no more than 2 years following the date the person or
school district knew or should have known of the event or
events forming the basis for the request. However, if the
request is in connection with an allegation that a school
district organized under Article 34 delayed or denied special
education or related services in the 2016-2017 or 2017-2018
school year as a result of the adoption of policies and

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procedures identified by the State Board of Education as
unlawful, the request shall be filed on or before September 30,
2021, and, no later than 30 days after the effective date of
this amendatory Act of the 101st General Assembly, the school
district must provide written notification of this filing
deadline to (i) the parent or guardian of the student, (ii) a
designated representative of the student, (iii) the student if
he or she is an emancipated minor, or (iv) the student if he or
she has reached the age of majority and does not have a
designated representative. The request shall, at a minimum,
contain all of the following:
(1) The name of the student, the address of the
student's residence, and the name of the school the student
is attending.
(2) In the case of homeless children (as defined under
the federal McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a(2))), available contact information for the
student and the name of the school the student is
attending.
(3) A description of the nature of the problem relating
to the actual or proposed placement, identification,
services, or evaluation of the student, including facts
relating to the problem.
(4) A proposed resolution of the problem to the extent
known and available to the party at the time.
(f-5) Within 3 days after receipt of the hearing request,

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the State Board of Education shall appoint a due process
hearing officer using a rotating appointment system and shall
notify the hearing officer of his or her appointment.
For a school district other than a school district located
in a municipality having a population exceeding 500,000, a
hearing officer who is a current resident of the school
district, special education cooperative, or other public
entity involved in the hearing shall recuse himself or herself.
A hearing officer who is a former employee of the school
district, special education cooperative, or other public
entity involved in the hearing shall immediately disclose the
former employment to the parties and shall recuse himself or
herself, unless the parties otherwise agree in writing. A
hearing officer having a personal or professional interest that
may conflict with his or her objectivity in the hearing shall
disclose the conflict to the parties and shall recuse himself
or herself unless the parties otherwise agree in writing. For
purposes of this subsection an assigned hearing officer shall
be considered to have a conflict of interest if, at any time
prior to the issuance of his or her written decision, he or she
knows or should know that he or she may receive remuneration
from a party to the hearing within 3 years following the
conclusion of the due process hearing.
A party to a due process hearing shall be permitted one
substitution of hearing officer as a matter of right, in
accordance with procedures established by the rules adopted by

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the State Board of Education under this Section. The State
Board of Education shall randomly select and appoint another
hearing officer within 3 days after receiving notice that the
appointed hearing officer is ineligible to serve or upon
receiving a proper request for substitution of hearing officer.
If a party withdraws its request for a due process hearing
after a hearing officer has been appointed, that hearing
officer shall retain jurisdiction over a subsequent hearing
that involves the same parties and is requested within one year
from the date of withdrawal of the previous request, unless
that hearing officer is unavailable.
Any party may raise facts that constitute a conflict of
interest for the hearing officer at any time before or during
the hearing and may move for recusal.
(g) Impartial due process hearings shall be conducted
pursuant to this Section and any rules and regulations
promulgated by the State Board of Education consistent with
this Section and other governing laws and regulations. The
hearing shall address only those issues properly raised in the
hearing request under subsection (f) of this Section or, if
applicable, in the amended hearing request under subsection
(g-15) of this Section. The hearing shall be closed to the
public unless the parents request that the hearing be open to
the public. The parents involved in the hearing shall have the
right to have the student who is the subject of the hearing
present. The hearing shall be held at a time and place which

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are reasonably convenient to the parties involved. Upon the
request of a party, the hearing officer shall hold the hearing
at a location neutral to the parties if the hearing officer
determines that there is no cost for securing the use of the
neutral location. Once appointed, the impartial due process
hearing officer shall not communicate with the State Board of
Education or its employees concerning the hearing, except that,
where circumstances require, communications for administrative
purposes that do not deal with substantive or procedural
matters or issues on the merits are authorized, provided that
the hearing officer promptly notifies all parties of the
substance of the communication as a matter of record.
(g-5) Unless the school district has previously provided
prior written notice to the parent or student (if at least 18
years of age or emancipated) regarding the subject matter of
the hearing request, the school district shall, within 10 days
after receiving a hearing request initiated by a parent or
student (if at least 18 years of age or emancipated), provide a
written response to the request that shall include all of the
following:
(1) An explanation of why the school district proposed
or refused to take the action or actions described in the
hearing request.
(2) A description of other options the IEP team
considered and the reasons why those options were rejected.
(3) A description of each evaluation procedure,

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assessment, record, report, or other evidence the school
district used as the basis for the proposed or refused
action or actions.
(4) A description of the factors that are or were
relevant to the school district's proposed or refused
action or actions.
(g-10) When the hearing request has been initiated by a
school district, within 10 days after receiving the request,
the parent or student (if at least 18 years of age or
emancipated) shall provide the school district with a response
that specifically addresses the issues raised in the school
district's hearing request. The parent's or student's response
shall be provided in writing, unless he or she is illiterate or
has a disability that prevents him or her from providing a
written response. The parent's or student's response may be
provided in his or her native language, if other than English.
In the event that illiteracy or another disabling condition
prevents the parent or student from providing a written
response, the school district shall assist the parent or
student in providing the written response.
(g-15) Within 15 days after receiving notice of the hearing
request, the non-requesting party may challenge the
sufficiency of the request by submitting its challenge in
writing to the hearing officer. Within 5 days after receiving
the challenge to the sufficiency of the request, the hearing
officer shall issue a determination of the challenge in writing

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to the parties. In the event that the hearing officer upholds
the challenge, the party who requested the hearing may, with
the consent of the non-requesting party or hearing officer,
file an amended request. Amendments are permissible for the
purpose of raising issues beyond those in the initial hearing
request. In addition, the party who requested the hearing may
amend the request once as a matter of right by filing the
amended request within 5 days after filing the initial request.
An amended request, other than an amended request as a matter
of right, shall be filed by the date determined by the hearing
officer, but in no event any later than 5 days prior to the
date of the hearing. If an amended request, other than an
amended request as a matter of right, raises issues that were
not part of the initial request, the applicable timeline for a
hearing, including the timeline under subsection (g-20) of this
Section, shall recommence.
(g-20) Within 15 days after receiving a request for a
hearing from a parent or student (if at least 18 years of age
or emancipated) or, in the event that the school district
requests a hearing, within 15 days after initiating the
request, the school district shall convene a resolution meeting
with the parent and relevant members of the IEP team who have
specific knowledge of the facts contained in the request for
the purpose of resolving the problem that resulted in the
request. The resolution meeting shall include a representative
of the school district who has decision-making authority on

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behalf of the school district. Unless the parent is accompanied
by an attorney at the resolution meeting, the school district
may not include an attorney representing the school district.
The resolution meeting may not be waived unless agreed to
in writing by the school district and the parent or student (if
at least 18 years of age or emancipated) or the parent or
student (if at least 18 years of age or emancipated) and the
school district agree in writing to utilize mediation in place
of the resolution meeting. If either party fails to cooperate
in the scheduling or convening of the resolution meeting, the
hearing officer may order an extension of the timeline for
completion of the resolution meeting or, upon the motion of a
party and at least 7 days after ordering the non-cooperating
party to cooperate, order the dismissal of the hearing request
or the granting of all relief set forth in the request, as
appropriate.
In the event that the school district and the parent or
student (if at least 18 years of age or emancipated) agree to a
resolution of the problem that resulted in the hearing request,
the terms of the resolution shall be committed to writing and
signed by the parent or student (if at least 18 years of age or
emancipated) and the representative of the school district with
decision-making authority. The agreement shall be legally
binding and shall be enforceable in any State or federal court
of competent jurisdiction. In the event that the parties
utilize the resolution meeting process, the process shall

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continue until no later than the 30th day following the receipt
of the hearing request by the non-requesting party (or as
properly extended by order of the hearing officer) to resolve
the issues underlying the request, at which time the timeline
for completion of the impartial due process hearing shall
commence. The State Board of Education may, by rule, establish
additional procedures for the conduct of resolution meetings.
(g-25) If mutually agreed to in writing, the parties to a
hearing request may request State-sponsored mediation as a
substitute for the resolution process described in subsection
(g-20) of this Section or may utilize mediation at the close of
the resolution process if all issues underlying the hearing
request have not been resolved through the resolution process.
(g-30) If mutually agreed to in writing, the parties to a
hearing request may waive the resolution process described in
subsection (g-20) of this Section. Upon signing a written
agreement to waive the resolution process, the parties shall be
required to forward the written waiver to the hearing officer
appointed to the case within 2 business days following the
signing of the waiver by the parties. The timeline for the
impartial due process hearing shall commence on the date of the
signing of the waiver by the parties.
(g-35) The timeline for completing the impartial due
process hearing, as set forth in subsection (h) of this
Section, shall be initiated upon the occurrence of any one of
the following events:

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(1) The unsuccessful completion of the resolution
process as described in subsection (g-20) of this Section.
(2) The mutual agreement of the parties to waive the
resolution process as described in subsection (g-25) or
(g-30) of this Section.
(g-40) The hearing officer shall convene a prehearing
conference no later than 14 days before the scheduled date for
the due process hearing for the general purpose of aiding in
the fair, orderly, and expeditious conduct of the hearing. The
hearing officer shall provide the parties with written notice
of the prehearing conference at least 7 days in advance of the
conference. The written notice shall require the parties to
notify the hearing officer by a date certain whether they
intend to participate in the prehearing conference. The hearing
officer may conduct the prehearing conference in person or by
telephone. Each party shall at the prehearing conference (1)
disclose whether it is represented by legal counsel or intends
to retain legal counsel; (2) clarify matters it believes to be
in dispute in the case and the specific relief being sought;
(3) disclose whether there are any additional evaluations for
the student that it intends to introduce into the hearing
record that have not been previously disclosed to the other
parties; (4) disclose a list of all documents it intends to
introduce into the hearing record, including the date and a
brief description of each document; and (5) disclose the names
of all witnesses it intends to call to testify at the hearing.

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The hearing officer shall specify the order of presentation to
be used at the hearing. If the prehearing conference is held by
telephone, the parties shall transmit the information required
in this paragraph in such a manner that it is available to all
parties at the time of the prehearing conference. The State
Board of Education may, by rule, establish additional
procedures for the conduct of prehearing conferences.
(g-45) The impartial due process hearing officer shall not
initiate or participate in any ex parte communications with the
parties, except to arrange the date, time, and location of the
prehearing conference, due process hearing, or other status
conferences convened at the discretion of the hearing officer
and to receive confirmation of whether a party intends to
participate in the prehearing conference.
(g-50) The parties shall disclose and provide to each other
any evidence which they intend to submit into the hearing
record no later than 5 days before the hearing. Any party to a
hearing has the right to prohibit the introduction of any
evidence at the hearing that has not been disclosed to that
party at least 5 days before the hearing. The party requesting
a hearing shall not be permitted at the hearing to raise issues
that were not raised in the party's initial or amended request,
unless otherwise permitted in this Section.
(g-55) All reasonable efforts must be made by the parties
to present their respective cases at the hearing within a
cumulative period of 7 days. When scheduling hearing dates, the

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hearing officer shall schedule the final day of the hearing no
more than 30 calendar days after the first day of the hearing
unless good cause is shown. This subsection (g-55) shall not be
applied in a manner that (i) denies any party to the hearing a
fair and reasonable allocation of time and opportunity to
present its case in its entirety or (ii) deprives any party to
the hearing of the safeguards accorded under the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446), regulations promulgated under the
Individuals with Disabilities Education Improvement Act of
2004, or any other applicable law. The school district shall
present evidence that the special education needs of the child
have been appropriately identified and that the special
education program and related services proposed to meet the
needs of the child are adequate, appropriate, and available.
Any party to the hearing shall have the right to (1) be
represented by counsel and be accompanied and advised by
individuals with special knowledge or training with respect to
the problems of children with disabilities, at the party's own
expense; (2) present evidence and confront and cross-examine
witnesses; (3) move for the exclusion of witnesses from the
hearing until they are called to testify, provided, however,
that this provision may not be invoked to exclude the
individual designated by a party to assist that party or its
representative in the presentation of the case; (4) obtain a
written or electronic verbatim record of the proceedings within

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30 days of receipt of a written request from the parents by the
school district; and (5) obtain a written decision, including
findings of fact and conclusions of law, within 10 calendar
days, excluding Saturday, Sunday, and any State holiday, after
the conclusion of the hearing. If at issue, the school district
shall present evidence that it has properly identified and
evaluated the nature and severity of the student's suspected or
identified disability and that, if the student has been or
should have been determined eligible for special education and
related services, that it is providing or has offered a free
appropriate public education to the student in the least
restrictive environment, consistent with procedural safeguards
and in accordance with an individualized educational program.
At any time prior to the conclusion of the hearing, the
impartial due process hearing officer shall have the authority
to require additional information and order independent
evaluations for the student at the expense of the school
district. The State Board of Education and the school district
shall share equally the costs of providing a written or
electronic verbatim record of the proceedings. Any party may
request that the due process hearing officer issue a subpoena
to compel the testimony of witnesses or the production of
documents relevant to the resolution of the hearing. Whenever a
person refuses to comply with any subpoena issued under this
Section, the circuit court of the county in which that hearing
is pending, on application of the impartial hearing officer or

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the party requesting the issuance of the subpoena, may compel
compliance through the contempt powers of the court in the same
manner as if the requirements of a subpoena issued by the court
had been disobeyed.
(h) The impartial hearing officer shall issue a written
decision, including findings of fact and conclusions of law,
within 10 calendar days, excluding Saturday, Sunday, and any
State holiday, after the conclusion of the hearing and send by
certified mail a copy of the decision to the parents or student
(if the student requests the hearing), the school district, the
director of special education, legal representatives of the
parties, and the State Board of Education. Unless the hearing
officer has granted specific extensions of time at the request
of a party, a final decision, including the clarification of a
decision requested under this subsection, shall be reached and
mailed to the parties named above not later than 45 days after
the initiation of the timeline for conducting the hearing, as
described in subsection (g-35) of this Section. The decision
shall specify the educational and related services that shall
be provided to the student in accordance with the student's
needs and the timeline for which the school district shall
submit evidence to the State Board of Education to demonstrate
compliance with the hearing officer's decision in the event
that the decision orders the school district to undertake
corrective action. The hearing officer shall retain
jurisdiction for the sole purpose of considering a request for

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clarification of the final decision submitted in writing by a
party to the impartial hearing officer within 5 days after
receipt of the decision. A copy of the request for
clarification shall specify the portions of the decision for
which clarification is sought and shall be mailed to all
parties of record and to the State Board of Education. The
request shall operate to stay implementation of those portions
of the decision for which clarification is sought, pending
action on the request by the hearing officer, unless the
parties otherwise agree. The hearing officer shall issue a
clarification of the specified portion of the decision or issue
a partial or full denial of the request in writing within 10
days of receipt of the request and mail copies to all parties
to whom the decision was mailed. This subsection does not
permit a party to request, or authorize a hearing officer to
entertain, reconsideration of the decision itself. The statute
of limitations for seeking review of the decision shall be
tolled from the date the request is submitted until the date
the hearing officer acts upon the request. The hearing
officer's decision shall be binding upon the school district
and the parents unless a civil action is commenced.
(i) Any party to an impartial due process hearing aggrieved
by the final written decision of the impartial due process
hearing officer shall have the right to commence a civil action
with respect to the issues presented in the impartial due
process hearing. That civil action shall be brought in any

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court of competent jurisdiction within 120 days after a copy of
the decision of the impartial due process hearing officer is
mailed to the party as provided in subsection (h). The civil
action authorized by this subsection shall not be exclusive of
any rights or causes of action otherwise available. The
commencement of a civil action under this subsection shall
operate as a supersedeas. In any action brought under this
subsection the Court shall receive the records of the impartial
due process hearing, shall hear additional evidence at the
request of a party, and, basing its decision on the
preponderance of the evidence, shall grant such relief as the
court determines is appropriate. In any instance where a school
district willfully disregards applicable regulations or
statutes regarding a child covered by this Article, and which
disregard has been detrimental to the child, the school
district shall be liable for any reasonable attorney's fees
incurred by the parent in connection with proceedings under
this Section.
(j) During the pendency of any administrative or judicial
proceeding conducted pursuant to this Section, including
mediation (if the school district or other public entity
voluntarily agrees to participate in mediation), unless the
school district and the parents or student (if at least 18
years of age or emancipated) otherwise agree, the student shall
remain in his or her present educational placement and continue
in his or her present eligibility status and special education

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and related services, if any. If mediation fails to resolve the
dispute between the parties, or if the parties do not agree to
use mediation, the parent (or student if 18 years of age or
older or emancipated) shall have 10 days after the mediation
concludes, or after a party declines to use mediation, to file
a request for a due process hearing in order to continue to
invoke the "stay-put" provisions of this subsection (j). If
applying for initial admission to the school district, the
student shall, with the consent of the parents (if the student
is not at least 18 years of age or emancipated), be placed in
the school district program until all such proceedings have
been completed. The costs for any special education and related
services or placement incurred following 60 school days after
the initial request for evaluation shall be borne by the school
district if the services or placement is in accordance with the
final determination as to the special education and related
services or placement that must be provided to the child,
provided that during that 60-day period there have been no
delays caused by the child's parent. The requirements and
procedures of this subsection (j) shall be included in the
uniform notices developed by the State Superintendent under
subsection (g) of Section 14-8.02 of this Code.
(k) Whenever the parents of a child of the type described
in Section 14-1.02 are not known or are unavailable or the
child is a youth in care as defined in Section 4d of the
Children and Family Services Act, a person shall be assigned to

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serve as surrogate parent for the child in matters relating to
the identification, evaluation, and educational placement of
the child and the provision of a free appropriate public
education to the child. Persons shall be assigned as surrogate
parents by the State Superintendent of Education. The State
Board of Education shall promulgate rules and regulations
establishing qualifications of those persons and their
responsibilities and the procedures to be followed in making
assignments of persons as surrogate parents. Surrogate parents
shall not be employees of the school district, an agency
created by joint agreement under Section 10-22.31, an agency
involved in the education or care of the student, or the State
Board of Education. Services of any person assigned as
surrogate parent shall terminate if the parent becomes
available unless otherwise requested by the parents. The
assignment of a person as surrogate parent at no time
supersedes, terminates, or suspends the parents' legal
authority relative to the child. Any person participating in
good faith as surrogate parent on behalf of the child before
school officials or a hearing officer shall have immunity from
civil or criminal liability that otherwise might result by
reason of that participation, except in cases of willful and
wanton misconduct.
(l) At all stages of the hearing, the hearing officer shall
require that interpreters be made available by the school
district for persons who are deaf or for persons whose normally

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spoken language is other than English.
(m) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision or application does not affect other provisions
or applications of the Section that can be given effect without
the invalid application or provision, and to this end the
provisions of this Section are severable, unless otherwise
provided by this Section.
(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17;
100-849, eff. 8-14-18; 100-863, eff. 8-14-18.)
(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, 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

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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

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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:

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(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

10100SB0010ham001 - 24 - LRB101 06120 NHT 63907 a
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. For
individuals who were issued the career and technical
educator endorsement on an Educator License with
Stipulations on or after January 1, 2015, the license

10100SB0010ham001 - 25 - LRB101 06120 NHT 63907 a
may be renewed if the individual passes a test of work
proficiency, as required under Section 21B-30 of this
Code.
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) Part-time provisional career and technical
educator or provisional career and technical educator.
A part-time provisional career and technical educator
endorsement or a provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who has a
minimum of 8,000 hours of work experience in the skill
for which the applicant is seeking the endorsement. It
is the responsibility of each employing school board
and regional office of education to provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available and that actual circumstances
require such issuance.
The provisional career and technical educator

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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 for 5
years. For individuals who were issued the provisional
career and technical educator endorsement on an
Educator License with Stipulations on or after January
1, 2015, the license may be renewed if the individual
passes a test of work proficiency, as required under
Section 21B-30 of this Code.
A part-time provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued for teaching no more than 2
courses of study for grades 6 through 12. The part-time
provisional 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 for 5 years
if the individual makes application for renewal.
An individual who holds a provisional or part-time
provisional 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.
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for

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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

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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.

10100SB0010ham001 - 29 - LRB101 06120 NHT 63907 a
(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

10100SB0010ham001 - 30 - LRB101 06120 NHT 63907 a
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 3
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
either holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education or has passed a
paraprofessional competency test under subsection
(c-5) of Section 21B-30. 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

10100SB0010ham001 - 31 - LRB101 06120 NHT 63907 a
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

10100SB0010ham001 - 32 - LRB101 06120 NHT 63907 a
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

10100SB0010ham001 - 33 - LRB101 06120 NHT 63907 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) School support personnel intern. A school
support personnel intern endorsement on an Educator
License with Stipulations may be issued as specified by
rule.
(N) Special education area. A special education
area 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.
Substitute Teaching Licenses are valid for 5 years.
Substitute Teaching Licenses are valid for substitute

10100SB0010ham001 - 34 - LRB101 06120 NHT 63907 a
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 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

10100SB0010ham001 - 35 - LRB101 06120 NHT 63907 a
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, 2023, the State Board of
Education 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

10100SB0010ham001 - 36 - LRB101 06120 NHT 63907 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 5 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. 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. This paragraph (4) is inoperative
on and after July 1, 2023.
(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288,
eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18;
100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff.
8-7-19.)
(105 ILCS 5/21B-30)
Sec. 21B-30. Educator testing.
(a) (Blank). This Section applies beginning on July 1,
2012.
(b) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, shall design
and implement a system of examinations, which shall be required

10100SB0010ham001 - 37 - LRB101 06120 NHT 63907 a
prior to the issuance of educator licenses. These examinations
and indicators must be based on national and State professional
teaching standards, as determined by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The State Board of Education may adopt
such rules as may be necessary to implement and administer this
Section.
(c) (Blank).
(c-5) The State Board must adopt rules to implement a
paraprofessional competency test. This test would allow an
applicant seeking an Educator License with Stipulations with a
paraprofessional educator endorsement to obtain the
endorsement if he or she passes the test and meets the other
requirements of subparagraph (J) of paragraph (2) of Section
21B-20 other than the higher education requirements.
(d) All applicants seeking a State license shall be
required to pass a test of content area knowledge for each area
of endorsement for which there is an applicable test. There
shall be no exception to this requirement. No candidate shall
be allowed to student teach or serve as the teacher of record
until he or she has passed the applicable content area test.
(e) (Blank).
(f) Except as otherwise provided in this Article, beginning
on September 1, 2015, all candidates completing teacher
preparation programs in this State and all candidates subject
to Section 21B-35 of this Code are required to pass a teacher

10100SB0010ham001 - 38 - LRB101 06120 NHT 63907 a
performance assessment approved by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. Subject to appropriation, an individual
who holds a Professional Educator License and is employed for a
minimum of one school year by a school district designated as
Tier 1 under Section 18-8.15 may, after application to the
State Board, receive from the State Board a refund for any
costs associated with completing the teacher performance
assessment under this subsection.
(g) The content area knowledge test and the teacher
performance assessment shall be the tests that from time to
time are designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board, and may be tests prepared by an educational testing
organization or tests designed by the State Board of Education,
in consultation with the State Educator Preparation and
Licensure Board. The test of content area knowledge shall
assess content knowledge in a specific subject field. The tests
must be designed to be racially neutral to ensure that no
person taking the tests is discriminated against on the basis
of race, color, national origin, or other factors unrelated to
the person's ability to perform as a licensed employee. The
score required to pass the tests shall be fixed by the State
Board of Education, in consultation with the State Educator
Preparation and Licensure Board. The tests shall be
administered not fewer than 3 times a year at such time and

10100SB0010ham001 - 39 - LRB101 06120 NHT 63907 a
place as may be designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board.
The State Board shall implement a test or tests to assess
the speaking, reading, writing, and grammar skills of
applicants for an endorsement or a license issued under
subdivision (G) of paragraph (2) of Section 21B-20 of this Code
in the English language and in the language of the transitional
bilingual education program requested by the applicant.
(h) Except as provided in Section 34-6 of this Code, the
provisions of this Section shall apply equally in any school
district subject to Article 34 of this Code.
(i) The rules developed to implement and enforce the
testing requirements under this Section shall include without
limitation provisions governing test selection, test
validation and determination of a passing score,
administration of the tests, frequency of administration,
applicant fees, frequency of applicants taking the tests, the
years for which a score is valid, and appropriate special
accommodations. The State Board of Education shall develop such
rules as may be needed to ensure uniformity from year to year
in the level of difficulty for each form of an assessment.
(Source: P.A. 100-596, eff. 7-1-18; 100-863, eff. 8-14-18;
100-932, eff. 8-17-18; 101-81, eff. 7-12-19; 101-220, eff.
8-7-19.)

10100SB0010ham001 - 40 - LRB101 06120 NHT 63907 a
(105 ILCS 5/27A-10)
Sec. 27A-10. Employees.
(a) A person shall be deemed to be employed by a charter
school unless a collective bargaining agreement or the charter
school contract otherwise provides.
(b) In all school districts, including special charter
districts and districts located in cities having a population
exceeding 500,000, the local school board shall determine by
policy or by negotiated agreement, if one exists, the
employment status of any school district employees who are
employed by a charter school and who seek to return to
employment in the public schools of the district. Each local
school board shall grant, for a period of up to 5 years, a
leave of absence to those of its teachers who accept employment
with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or
resign; provided, however, that if the teacher chooses to
return to the school district, the teacher must be assigned to
a position that which requires the teacher's licensure
certification and legal qualifications. The contractual
continued service status and retirement benefits of a teacher
of the district who is granted a leave of absence to accept
employment with a charter school shall not be affected by that
leave of absence.
(c) Charter schools shall employ in instructional
positions, as defined in the charter, individuals who are

10100SB0010ham001 - 41 - LRB101 06120 NHT 63907 a
licensed certificated under Article 21B 21 of this Code or who
possess the following qualifications:
(i) graduated with a bachelor's degree from an
accredited institution of higher learning;
(ii) been employed for a period of at least 5 years in
an area requiring application of the individual's
education;
(iii) passed a content area knowledge test required
under Section 21B-30 of this Code (blank); and
(iv) demonstrate continuing evidence of professional
growth, which shall include, but not be limited to,
successful teaching experience, attendance at professional
meetings, membership in professional organizations,
additional credits earned at institutions of higher
learning, travel specifically for educational purposes,
and reading of professional books and periodicals.
(c-5) Charter schools employing individuals without
licensure certification in instructional positions shall
provide such mentoring, training, and staff development for
those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
At least 50% of the individuals employed in instructional
positions by a charter school that is operating in a city
having a population exceeding 500,000 and that is established
on or after April 16, 2003 shall hold teaching licenses
certificates issued under Article 21B 21 of this Code.

10100SB0010ham001 - 42 - LRB101 06120 NHT 63907 a
At least 75% of the individuals employed in instructional
positions by a charter school that is operating in a city
having a population exceeding 500,000 and that was established
before April 16, 2003 shall hold teaching licenses certificates
issued under Article 21B 21 of this Code.
(c-10) Notwithstanding any provision in subsection (c-5)
to the contrary, in any charter school established before, on,
or after July 30, 2009 (the effective date of Public Act
96-105) this amendatory Act of the 96th General Assembly, at
least 75% of the individuals employed in instructional
positions by the charter school shall hold teaching licenses
certificates issued under Article 21B 21 of this Code beginning
with the 2012-2013 school year. In any charter school
established after the effective date of this amendatory Act of
the 96th General Assembly, at least 75% of the individuals
employed in instructional positions by a charter school shall
hold teaching certificates issued under Article 21 of this Code
by the beginning of the fourth school year during which a
student is enrolled in the charter school. Charter schools may
employ non-licensed non-certificated staff in all other
positions.
(c-15) Charter schools are exempt from any annual cap on
new participants in an alternative educator licensure
certification program. The second and third phases of the
alternative certification program may be conducted and
completed at the charter school, and the alternative

10100SB0010ham001 - 43 - LRB101 06120 NHT 63907 a
provisional educator endorsement teaching certificate is valid
for 4 years or the length of the charter (or any extension of
the charter), whichever is longer.
(d) A teacher at a charter school may resign his or her
position only if the teacher gives notice of resignation to the
charter school's governing body at least 60 days before the end
of the school term, and the resignation must take effect
immediately upon the end of the school term.
(Source: P.A. 101-220, eff. 8-7-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.".