Bill Text: IL HB2828 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Educator Licensure Article of the School Code. Provides for the reinstatement of a lapsed Professional Educator License upon the payment by the applicant of the lesser of a $100 penalty or a $10 penalty for each year the license has lapsed (rather than a $500 penalty). Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Engrossed - Dead) 2022-05-10 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB2828 Detail]
Download: Illinois-2021-HB2828-Engrossed.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||
5 | 21B-45 as follows:
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6 | (105 ILCS 5/21B-45) | ||||||
7 | Sec. 21B-45. Professional Educator License renewal. | ||||||
8 | (a) Individuals holding a Professional Educator License | ||||||
9 | are required to complete the licensure renewal requirements as | ||||||
10 | specified in this Section, unless otherwise provided in this | ||||||
11 | Code. | ||||||
12 | Individuals holding a Professional Educator License shall | ||||||
13 | meet the renewal requirements set forth in this Section, | ||||||
14 | unless otherwise provided in this Code. If an individual holds | ||||||
15 | a license endorsed in more than one area that has different | ||||||
16 | renewal requirements, that individual shall follow the renewal | ||||||
17 | requirements for the position for which he or she spends the | ||||||
18 | majority of his or her time working. | ||||||
19 | (b) All Professional Educator Licenses not renewed as | ||||||
20 | provided in this Section shall lapse on September 1 of that | ||||||
21 | year. Notwithstanding any other provisions of this Section, if | ||||||
22 | a license holder's electronic mail address is available, the | ||||||
23 | State Board of Education shall send him or her notification |
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1 | electronically that his or her license will lapse if not | ||||||
2 | renewed, to be sent no more than 6 months prior to the license | ||||||
3 | lapsing. Lapsed licenses may be immediately reinstated upon | ||||||
4 | (i) payment to the State Board of Education by the applicant of | ||||||
5 | the lesser of a $100 $500 penalty or a $10 penalty for each | ||||||
6 | year the license has lapsed to the State Board of Education or | ||||||
7 | (ii) the demonstration of proficiency by completing 9 semester | ||||||
8 | hours of coursework from a regionally accredited institution | ||||||
9 | of higher education in the content area that most aligns with | ||||||
10 | one or more of the educator's endorsement areas. Any and all | ||||||
11 | back fees, including without limitation registration fees owed | ||||||
12 | from the time of expiration of the license until the date of | ||||||
13 | reinstatement, shall be paid and kept in accordance with the | ||||||
14 | provisions in Article 3 of this Code concerning an institute | ||||||
15 | fund and the provisions in Article 21B of this Code concerning | ||||||
16 | fees and requirements for registration. Licenses not | ||||||
17 | registered in accordance with Section 21B-40 of this Code | ||||||
18 | shall lapse after a period of 6 months from the expiration of | ||||||
19 | the last year of registration or on January 1 of the fiscal | ||||||
20 | year following initial issuance of the license. An | ||||||
21 | unregistered license is invalid after September 1 for | ||||||
22 | employment and performance of services in an Illinois public | ||||||
23 | or State-operated school or cooperative and in a charter | ||||||
24 | school. Any license or endorsement may be voluntarily | ||||||
25 | surrendered by the license holder. A voluntarily surrendered | ||||||
26 | license shall be treated as a revoked license. An Educator |
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1 | License with Stipulations with only a paraprofessional | ||||||
2 | endorsement does not lapse.
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3 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
4 | satisfy the requirements for licensure renewal provided for in | ||||||
5 | this Section, each professional educator licensee with an | ||||||
6 | administrative endorsement who is working in a position | ||||||
7 | requiring such endorsement shall complete one Illinois | ||||||
8 | Administrators' Academy course, as described in Article 2 of | ||||||
9 | this Code, per fiscal year. | ||||||
10 | (c-5) All licenses issued by the State Board of Education | ||||||
11 | under this Article that expire on June 30, 2020 and have not | ||||||
12 | been renewed by the end of the 2020 renewal period shall be | ||||||
13 | extended for one year and shall expire on June 30, 2021. | ||||||
14 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
15 | requirements for licensure renewal provided for in this | ||||||
16 | Section, each professional educator licensee may create a | ||||||
17 | professional development plan each year. The plan shall | ||||||
18 | address one or more of the endorsements that are required of | ||||||
19 | his or her educator position if the licensee is employed and | ||||||
20 | performing services in an Illinois public or State-operated | ||||||
21 | school or cooperative. If the licensee is employed in a | ||||||
22 | charter school, the plan shall address that endorsement or | ||||||
23 | those endorsements most closely related to his or her educator | ||||||
24 | position. Licensees employed and performing services in any | ||||||
25 | other Illinois schools may participate in the renewal | ||||||
26 | requirements by adhering to the same process. |
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1 | Except as otherwise provided in this Section, the | ||||||
2 | licensee's professional development activities shall align | ||||||
3 | with one or more of the following criteria: | ||||||
4 | (1) activities are of a type that engage participants | ||||||
5 | over a sustained period of time allowing for analysis, | ||||||
6 | discovery, and application as they relate to student | ||||||
7 | learning, social or emotional achievement, or well-being; | ||||||
8 | (2) professional development aligns to the licensee's | ||||||
9 | performance; | ||||||
10 | (3) outcomes for the activities must relate to student | ||||||
11 | growth or district improvement; | ||||||
12 | (4) activities align to State-approved standards;
and | ||||||
13 | (5) higher education coursework. | ||||||
14 | (e) For each renewal cycle, each professional educator | ||||||
15 | licensee shall engage in professional development activities. | ||||||
16 | Prior to renewal, the licensee shall enter electronically into | ||||||
17 | the Educator Licensure Information System (ELIS) the name, | ||||||
18 | date, and location of the activity, the number of professional | ||||||
19 | development hours, and the provider's name. The following | ||||||
20 | provisions shall apply concerning professional development | ||||||
21 | activities: | ||||||
22 | (1) Each licensee shall complete a total of 120 hours | ||||||
23 | of professional development per 5-year renewal cycle in | ||||||
24 | order to renew the license, except as otherwise provided | ||||||
25 | in this Section. | ||||||
26 | (2) Beginning with his or her first full 5-year cycle, |
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1 | any licensee with an administrative endorsement who is not | ||||||
2 | working in a position requiring such endorsement is not | ||||||
3 | required to complete Illinois Administrators' Academy | ||||||
4 | courses, as described in Article 2 of this Code. Such | ||||||
5 | licensees must complete one Illinois Administrators' | ||||||
6 | Academy course within one year after returning to a | ||||||
7 | position that requires the administrative endorsement. | ||||||
8 | (3) Any licensee with an administrative endorsement | ||||||
9 | who is working in a position requiring such endorsement or | ||||||
10 | an individual with a Teacher Leader endorsement serving in | ||||||
11 | an administrative capacity at least 50% of the day shall | ||||||
12 | complete one Illinois Administrators' Academy course, as | ||||||
13 | described in Article 2 of this Code, each fiscal year in | ||||||
14 | addition to 100 hours of professional development per | ||||||
15 | 5-year renewal cycle in accordance with this Code. | ||||||
16 | (4) Any licensee holding a current National Board for | ||||||
17 | Professional Teaching Standards (NBPTS) master teacher | ||||||
18 | designation shall complete a total of 60 hours of | ||||||
19 | professional development per 5-year renewal cycle in order | ||||||
20 | to renew the license. | ||||||
21 | (5) Licensees working in a position that does not | ||||||
22 | require educator licensure or working in a position for | ||||||
23 | less than 50% for any particular year are considered to be | ||||||
24 | exempt and shall be required to pay only the registration | ||||||
25 | fee in order to renew and maintain the validity of the | ||||||
26 | license. |
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1 | (6) Licensees who are retired and qualify for benefits | ||||||
2 | from a State of Illinois retirement system shall notify | ||||||
3 | the State Board of Education using ELIS, and the license | ||||||
4 | shall be maintained in retired status. For any renewal | ||||||
5 | cycle in which a licensee retires during the renewal | ||||||
6 | cycle, the licensee must complete professional development | ||||||
7 | activities on a prorated basis depending on the number of | ||||||
8 | years during the renewal cycle the educator held an active | ||||||
9 | license. If a licensee retires during a renewal cycle, the | ||||||
10 | licensee must notify the State Board of Education using | ||||||
11 | ELIS that the licensee wishes to maintain the license in | ||||||
12 | retired status and must show proof of completion of | ||||||
13 | professional development activities on a prorated basis | ||||||
14 | for all years of that renewal cycle for which the license | ||||||
15 | was active. An individual with a license in retired status | ||||||
16 | shall not be required to complete professional development | ||||||
17 | activities or pay registration fees until returning to a | ||||||
18 | position that requires educator licensure. Upon returning | ||||||
19 | to work in a position that requires the Professional | ||||||
20 | Educator License, the licensee shall immediately pay a | ||||||
21 | registration fee and complete renewal requirements for | ||||||
22 | that year. A license in retired status cannot lapse. | ||||||
23 | Beginning on January 6, 2017 (the effective date of Public | ||||||
24 | Act 99-920) through December 31, 2017, any licensee who | ||||||
25 | has retired and whose license has lapsed for failure to | ||||||
26 | renew as provided in this Section may reinstate that |
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1 | license and maintain it in retired status upon providing | ||||||
2 | proof to the State Board of Education using ELIS that the | ||||||
3 | licensee is retired and is not working in a position that | ||||||
4 | requires a Professional Educator License. | ||||||
5 | (7) For any renewal cycle in which professional | ||||||
6 | development hours were required, but not fulfilled, the | ||||||
7 | licensee shall complete any missed hours to total the | ||||||
8 | minimum professional development hours required in this | ||||||
9 | Section prior to September 1 of that year. Professional | ||||||
10 | development hours used to fulfill the minimum required | ||||||
11 | hours for a renewal cycle may be used for only one renewal | ||||||
12 | cycle. For any fiscal year or renewal cycle in which an | ||||||
13 | Illinois Administrators' Academy course was required but | ||||||
14 | not completed, the licensee shall complete any missed | ||||||
15 | Illinois Administrators' Academy courses prior to | ||||||
16 | September 1 of that year. The licensee may complete all | ||||||
17 | deficient hours and Illinois Administrators' Academy | ||||||
18 | courses while continuing to work in a position that | ||||||
19 | requires that license until September 1 of that year. | ||||||
20 | (8) Any licensee who has not fulfilled the | ||||||
21 | professional development renewal requirements set forth in | ||||||
22 | this Section at the end of any 5-year renewal cycle is | ||||||
23 | ineligible to register his or her license and may submit | ||||||
24 | an appeal to the State Superintendent of Education for | ||||||
25 | reinstatement of the license. | ||||||
26 | (9) If professional development opportunities were |
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1 | unavailable to a licensee, proof that opportunities were | ||||||
2 | unavailable and request for an extension of time beyond | ||||||
3 | August 31 to complete the renewal requirements may be | ||||||
4 | submitted from April 1 through June 30 of that year to the | ||||||
5 | State Educator Preparation and Licensure Board. If an | ||||||
6 | extension is approved, the license shall remain valid | ||||||
7 | during the extension period. | ||||||
8 | (10) Individuals who hold exempt licenses prior to | ||||||
9 | December 27, 2013 (the effective date of Public Act | ||||||
10 | 98-610) shall commence the annual renewal process with the | ||||||
11 | first scheduled registration due after December 27, 2013 | ||||||
12 | (the effective date of Public Act 98-610). | ||||||
13 | (11) Notwithstanding any other provision of this | ||||||
14 | subsection (e), if a licensee earns more than the required | ||||||
15 | number of professional development hours during a renewal | ||||||
16 | cycle, then the licensee may carry over any hours earned | ||||||
17 | from April 1 through June 30 of the last year of the | ||||||
18 | renewal cycle. Any hours carried over in this manner must | ||||||
19 | be applied to the next renewal cycle. Illinois | ||||||
20 | Administrators' Academy courses or hours earned in those | ||||||
21 | courses may not be carried over. | ||||||
22 | (f) At the time of renewal, each licensee shall respond to | ||||||
23 | the required questions under penalty of perjury. | ||||||
24 | (f-5) The State Board of Education shall conduct random | ||||||
25 | audits of licensees to verify a licensee's fulfillment of the | ||||||
26 | professional development hours required under this Section. |
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1 | Upon completion of a random audit, if it is determined by the | ||||||
2 | State Board of Education that the licensee did not complete | ||||||
3 | the required number of professional development hours or did | ||||||
4 | not provide sufficient proof of completion, the licensee shall | ||||||
5 | be notified that his or her license has lapsed. A license that | ||||||
6 | has lapsed under this subsection may be reinstated as provided | ||||||
7 | in subsection (b). | ||||||
8 | (g) The following entities shall be designated as approved | ||||||
9 | to provide professional development activities for the renewal | ||||||
10 | of Professional Educator Licenses: | ||||||
11 | (1) The State Board of Education. | ||||||
12 | (2) Regional offices of education and intermediate | ||||||
13 | service centers. | ||||||
14 | (3) Illinois professional associations representing | ||||||
15 | the following groups that are approved by the State | ||||||
16 | Superintendent of Education: | ||||||
17 | (A) school administrators; | ||||||
18 | (B) principals; | ||||||
19 | (C) school business officials; | ||||||
20 | (D) teachers, including special education | ||||||
21 | teachers; | ||||||
22 | (E) school boards; | ||||||
23 | (F) school districts; | ||||||
24 | (G) parents; and | ||||||
25 | (H) school service personnel. | ||||||
26 | (4) Regionally accredited institutions of higher |
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1 | education that offer Illinois-approved educator | ||||||
2 | preparation programs and public community colleges subject | ||||||
3 | to the Public Community College Act. | ||||||
4 | (5) Illinois public school districts, charter schools | ||||||
5 | authorized under Article 27A of this Code, and joint | ||||||
6 | educational programs authorized under Article 10 of this | ||||||
7 | Code for the purposes of providing career and technical | ||||||
8 | education or special education services. | ||||||
9 | (6) A not-for-profit organization that, as of December | ||||||
10 | 31, 2014 (the effective date of Public Act 98-1147), has | ||||||
11 | had or has a grant from or a contract with the State Board | ||||||
12 | of Education to provide professional development services | ||||||
13 | in the area of English Learning to Illinois school | ||||||
14 | districts, teachers, or administrators. | ||||||
15 | (7) State agencies, State boards, and State | ||||||
16 | commissions. | ||||||
17 | (8) Museums as defined in Section 10 of the Museum | ||||||
18 | Disposition of Property Act. | ||||||
19 | (h) Approved providers under subsection (g) of this | ||||||
20 | Section shall make available professional development | ||||||
21 | opportunities that satisfy at least one of the following: | ||||||
22 | (1) increase the knowledge and skills of school and | ||||||
23 | district leaders who guide continuous professional | ||||||
24 | development; | ||||||
25 | (2) improve the learning of students; | ||||||
26 | (3) organize adults into learning communities whose |
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1 | goals are aligned with those of the school and district; | ||||||
2 | (4) deepen educator's content knowledge; | ||||||
3 | (5) provide educators with research-based | ||||||
4 | instructional strategies to assist students in meeting | ||||||
5 | rigorous academic standards; | ||||||
6 | (6) prepare educators to appropriately use various | ||||||
7 | types of classroom assessments; | ||||||
8 | (7) use learning strategies appropriate to the | ||||||
9 | intended goals; | ||||||
10 | (8) provide educators with the knowledge and skills to | ||||||
11 | collaborate; | ||||||
12 | (9) prepare educators to apply research to decision | ||||||
13 | making; or | ||||||
14 | (10) provide educators with training on inclusive | ||||||
15 | practices in the classroom that examines instructional and | ||||||
16 | behavioral strategies that improve academic and | ||||||
17 | social-emotional outcomes for all students, with or | ||||||
18 | without disabilities, in a general education setting. | ||||||
19 | (i) Approved providers under subsection (g) of this | ||||||
20 | Section shall do the following: | ||||||
21 | (1) align professional development activities to the | ||||||
22 | State-approved national standards for professional | ||||||
23 | learning; | ||||||
24 | (2) meet the professional development criteria for | ||||||
25 | Illinois licensure renewal; | ||||||
26 | (3) produce a rationale for the activity that explains |
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1 | how it aligns to State standards and identify the | ||||||
2 | assessment for determining the expected impact on student | ||||||
3 | learning or school improvement; | ||||||
4 | (4) maintain original documentation for completion of | ||||||
5 | activities; | ||||||
6 | (5) provide license holders with evidence of | ||||||
7 | completion of activities; | ||||||
8 | (6) request an Illinois Educator Identification Number | ||||||
9 | (IEIN) for each educator during each professional | ||||||
10 | development activity; and | ||||||
11 | (7) beginning on July 1, 2019, register annually with | ||||||
12 | the State Board of Education prior to offering any | ||||||
13 | professional development opportunities in the current | ||||||
14 | fiscal year. | ||||||
15 | (j) The State Board of Education shall conduct annual | ||||||
16 | audits of a subset of approved providers, except for school | ||||||
17 | districts, which shall be audited by regional offices of | ||||||
18 | education and intermediate service centers. The State Board of | ||||||
19 | Education shall ensure that each approved provider, except for | ||||||
20 | a school district, is audited at least once every 5 years. The | ||||||
21 | State Board of Education may conduct more frequent audits of | ||||||
22 | providers if evidence suggests the requirements of this | ||||||
23 | Section or administrative rules are not being met. | ||||||
24 | (1) (Blank). | ||||||
25 | (2) Approved providers shall comply with the | ||||||
26 | requirements in subsections (h) and (i) of this Section by |
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1 | annually submitting data to the State Board of Education | ||||||
2 | demonstrating how the professional development activities | ||||||
3 | impacted one or more of the following: | ||||||
4 | (A) educator and student growth in regards to | ||||||
5 | content knowledge or skills, or both; | ||||||
6 | (B) educator and student social and emotional | ||||||
7 | growth; or | ||||||
8 | (C) alignment to district or school improvement | ||||||
9 | plans. | ||||||
10 | (3) The State Superintendent of Education shall review | ||||||
11 | the annual data collected by the State Board of Education, | ||||||
12 | regional offices of education, and intermediate service | ||||||
13 | centers in audits to determine if the approved provider | ||||||
14 | has met the criteria and should continue to be an approved | ||||||
15 | provider or if further action should be taken as provided | ||||||
16 | in rules. | ||||||
17 | (k) Registration fees shall be paid for the next renewal | ||||||
18 | cycle between April 1 and June 30 in the last year of each | ||||||
19 | 5-year renewal cycle using ELIS. If all required professional | ||||||
20 | development hours for the renewal cycle have been completed | ||||||
21 | and entered by the licensee, the licensee shall pay the | ||||||
22 | registration fees for the next cycle using a form of credit or | ||||||
23 | debit card. | ||||||
24 | (l) Any professional educator licensee endorsed for school | ||||||
25 | support personnel who is employed and performing services in | ||||||
26 | Illinois public schools and who holds an active and current |
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1 | professional license issued by the Department of Financial and | ||||||
2 | Professional Regulation or a national certification board, as | ||||||
3 | approved by the State Board of Education, related to the | ||||||
4 | endorsement areas on the Professional Educator License shall | ||||||
5 | be deemed to have satisfied the continuing professional | ||||||
6 | development requirements provided for in this Section. Such | ||||||
7 | individuals shall be required to pay only registration fees to | ||||||
8 | renew the Professional Educator License. An individual who | ||||||
9 | does not hold a license issued by the Department of Financial | ||||||
10 | and Professional Regulation shall complete professional | ||||||
11 | development requirements for the renewal of a Professional | ||||||
12 | Educator License provided for in this Section. | ||||||
13 | (m) Appeals to the State Educator Preparation and | ||||||
14 | Licensure Board
must be made within 30 days after receipt of | ||||||
15 | notice from the State Superintendent of Education that a | ||||||
16 | license will not be renewed based upon failure to complete the | ||||||
17 | requirements of this Section. A licensee may appeal that | ||||||
18 | decision to the State Educator Preparation and Licensure Board | ||||||
19 | in a manner prescribed by rule. | ||||||
20 | (1) Each appeal shall state the reasons why the State | ||||||
21 | Superintendent's decision should be reversed and shall be | ||||||
22 | sent by certified mail, return receipt requested, to the | ||||||
23 | State Board of Education. | ||||||
24 | (2) The State Educator Preparation and Licensure Board | ||||||
25 | shall review each appeal regarding renewal of a license | ||||||
26 | within 90 days after receiving the appeal in order to |
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1 | determine whether the licensee has met the requirements of | ||||||
2 | this Section. The State Educator Preparation and Licensure | ||||||
3 | Board may hold an appeal hearing or may make its | ||||||
4 | determination based upon the record of review, which shall | ||||||
5 | consist of the following: | ||||||
6 | (A) the regional superintendent of education's | ||||||
7 | rationale for recommending nonrenewal of the license, | ||||||
8 | if applicable; | ||||||
9 | (B) any evidence submitted to the State | ||||||
10 | Superintendent along with the individual's electronic | ||||||
11 | statement of assurance for renewal; and | ||||||
12 | (C) the State Superintendent's rationale for | ||||||
13 | nonrenewal of the license. | ||||||
14 | (3) The State Educator Preparation and Licensure Board | ||||||
15 | shall notify the licensee of its decision regarding | ||||||
16 | license renewal by certified mail, return receipt | ||||||
17 | requested, no later than 30 days after reaching a | ||||||
18 | decision. Upon receipt of notification of renewal, the | ||||||
19 | licensee, using ELIS, shall pay the applicable | ||||||
20 | registration fee for the next cycle using a form of credit | ||||||
21 | or debit card. | ||||||
22 | (n) The State Board of Education may adopt rules as may be | ||||||
23 | necessary to implement this Section. | ||||||
24 | (Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | ||||||
25 | 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | ||||||
26 | 1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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