Bill Text: IL HB4382 | 2019-2020 | 101st General Assembly | Introduced
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.
Sponsorship: Moderate Partisan Bill (Republican 12-2)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4382 Detail]
Download: Illinois-2019-HB4382-Introduced.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, unless | ||||||||||||||||||||||||
| 14 | otherwise provided in this Code. If an individual holds a | ||||||||||||||||||||||||
| 15 | 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 (i) | ||||||
| 4 | payment to the State Board of Education by the applicant of the | ||||||
| 5 | lesser of a $100 $500 penalty or a $10 penalty for each year | ||||||
| 6 | the license has lapsed to the State Board of Education or (ii) | ||||||
| 7 | the demonstration of proficiency by completing 9 semester hours | ||||||
| 8 | of coursework from a regionally accredited institution of | ||||||
| 9 | higher education in the content area that most aligns with one | ||||||
| 10 | or more of the educator's endorsement areas. Any and all back | ||||||
| 11 | fees, including without limitation registration fees owed from | ||||||
| 12 | 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 shall | ||||||
| 18 | lapse after a period of 6 months from the expiration of the | ||||||
| 19 | last year of registration or on January 1 of the fiscal year | ||||||
| 20 | following initial issuance of the license. An unregistered | ||||||
| 21 | license is invalid after September 1 for employment and | ||||||
| 22 | performance of services in an Illinois public or State-operated | ||||||
| 23 | school or cooperative and in a charter school. Any license or | ||||||
| 24 | endorsement may be voluntarily surrendered by the license | ||||||
| 25 | holder. A voluntarily surrendered license, except a substitute | ||||||
| 26 | teaching license issued under Section 21B-20 of this Code, | ||||||
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| 1 | shall be treated as a revoked license. An Educator License with | ||||||
| 2 | Stipulations with only a paraprofessional endorsement does not | ||||||
| 3 | lapse.
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| 4 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
| 5 | satisfy the requirements for licensure renewal provided for in | ||||||
| 6 | this Section, each professional educator licensee with an | ||||||
| 7 | administrative endorsement who is working in a position | ||||||
| 8 | requiring such endorsement shall complete one Illinois | ||||||
| 9 | Administrators' Academy course, as described in Article 2 of | ||||||
| 10 | this Code, per fiscal year. | ||||||
| 11 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
| 12 | requirements for licensure renewal provided for in this | ||||||
| 13 | Section, each professional educator licensee may create a | ||||||
| 14 | professional development plan each year. The plan shall address | ||||||
| 15 | one or more of the endorsements that are required of his or her | ||||||
| 16 | educator position if the licensee is employed and performing | ||||||
| 17 | services in an Illinois public or State-operated school or | ||||||
| 18 | cooperative. If the licensee is employed in a charter school, | ||||||
| 19 | the plan shall address that endorsement or those endorsements | ||||||
| 20 | most closely related to his or her educator position. Licensees | ||||||
| 21 | employed and performing services in any other Illinois schools | ||||||
| 22 | may participate in the renewal requirements by adhering to the | ||||||
| 23 | same process. | ||||||
| 24 | Except as otherwise provided in this Section, the | ||||||
| 25 | licensee's professional development activities shall align | ||||||
| 26 | with one or more of the following criteria: | ||||||
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| 1 | (1) activities are of a type that engage participants | ||||||
| 2 | over a sustained period of time allowing for analysis, | ||||||
| 3 | discovery, and application as they relate to student | ||||||
| 4 | learning, social or emotional achievement, or well-being; | ||||||
| 5 | (2) professional development aligns to the licensee's | ||||||
| 6 | performance; | ||||||
| 7 | (3) outcomes for the activities must relate to student | ||||||
| 8 | growth or district improvement; | ||||||
| 9 | (4) activities align to State-approved standards;
and | ||||||
| 10 | (5) higher education coursework. | ||||||
| 11 | (e) For each renewal cycle, each professional educator | ||||||
| 12 | licensee shall engage in professional development activities. | ||||||
| 13 | Prior to renewal, the licensee shall enter electronically into | ||||||
| 14 | the Educator Licensure Information System (ELIS) the name, | ||||||
| 15 | date, and location of the activity, the number of professional | ||||||
| 16 | development hours, and the provider's name. The following | ||||||
| 17 | provisions shall apply concerning professional development | ||||||
| 18 | activities: | ||||||
| 19 | (1) Each licensee shall complete a total of 120 hours | ||||||
| 20 | of professional development per 5-year renewal cycle in | ||||||
| 21 | order to renew the license, except as otherwise provided in | ||||||
| 22 | this Section. | ||||||
| 23 | (2) Beginning with his or her first full 5-year cycle, | ||||||
| 24 | any licensee with an administrative endorsement who is not | ||||||
| 25 | working in a position requiring such endorsement is not | ||||||
| 26 | required to complete Illinois Administrators' Academy | ||||||
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| 1 | courses, as described in Article 2 of this Code. Such | ||||||
| 2 | licensees must complete one Illinois Administrators' | ||||||
| 3 | Academy course within one year after returning to a | ||||||
| 4 | position that requires the administrative endorsement. | ||||||
| 5 | (3) Any licensee with an administrative endorsement | ||||||
| 6 | who is working in a position requiring such endorsement or | ||||||
| 7 | an individual with a Teacher Leader endorsement serving in | ||||||
| 8 | an administrative capacity at least 50% of the day shall | ||||||
| 9 | complete one Illinois Administrators' Academy course, as | ||||||
| 10 | described in Article 2 of this Code, each fiscal year in | ||||||
| 11 | addition to 100 hours of professional development per | ||||||
| 12 | 5-year renewal cycle in accordance with this Code. | ||||||
| 13 | (4) Any licensee holding a current National Board for | ||||||
| 14 | Professional Teaching Standards (NBPTS) master teacher | ||||||
| 15 | designation shall complete a total of 60 hours of | ||||||
| 16 | professional development per 5-year renewal cycle in order | ||||||
| 17 | to renew the license. | ||||||
| 18 | (5) Licensees working in a position that does not | ||||||
| 19 | require educator licensure or working in a position for | ||||||
| 20 | less than 50% for any particular year are considered to be | ||||||
| 21 | exempt and shall be required to pay only the registration | ||||||
| 22 | fee in order to renew and maintain the validity of the | ||||||
| 23 | license. | ||||||
| 24 | (6) Licensees who are retired and qualify for benefits | ||||||
| 25 | from a State of Illinois retirement system shall notify the | ||||||
| 26 | State Board of Education using ELIS, and the license shall | ||||||
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| 1 | be maintained in retired status. For any renewal cycle in | ||||||
| 2 | which a licensee retires during the renewal cycle, the | ||||||
| 3 | licensee must complete professional development activities | ||||||
| 4 | on a prorated basis depending on the number of years during | ||||||
| 5 | the renewal cycle the educator held an active license. If a | ||||||
| 6 | licensee retires during a renewal cycle, the licensee must | ||||||
| 7 | notify the State Board of Education using ELIS that the | ||||||
| 8 | licensee wishes to maintain the license in retired status | ||||||
| 9 | and must show proof of completion of professional | ||||||
| 10 | development activities on a prorated basis for all years of | ||||||
| 11 | that renewal cycle for which the license was active. An | ||||||
| 12 | individual with a license in retired status shall not be | ||||||
| 13 | required to complete professional development activities | ||||||
| 14 | or pay registration fees until returning to a position that | ||||||
| 15 | requires educator licensure. Upon returning to work in a | ||||||
| 16 | position that requires the Professional Educator License, | ||||||
| 17 | the licensee shall immediately pay a registration fee and | ||||||
| 18 | complete renewal requirements for that year. A license in | ||||||
| 19 | retired status cannot lapse. Beginning on January 6, 2017 | ||||||
| 20 | (the effective date of Public Act 99-920) through December | ||||||
| 21 | 31, 2017, any licensee who has retired and whose license | ||||||
| 22 | has lapsed for failure to renew as provided in this Section | ||||||
| 23 | may reinstate that license and maintain it in retired | ||||||
| 24 | status upon providing proof to the State Board of Education | ||||||
| 25 | using ELIS that the licensee is retired and is not working | ||||||
| 26 | in a position that requires a Professional Educator | ||||||
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| 1 | License. | ||||||
| 2 | (7) For any renewal cycle in which professional | ||||||
| 3 | development hours were required, but not fulfilled, the | ||||||
| 4 | licensee shall complete any missed hours to total the | ||||||
| 5 | minimum professional development hours required in this | ||||||
| 6 | Section prior to September 1 of that year. Professional | ||||||
| 7 | development hours used to fulfill the minimum required | ||||||
| 8 | hours for a renewal cycle may be used for only one renewal | ||||||
| 9 | cycle. For any fiscal year or renewal cycle in which an | ||||||
| 10 | Illinois Administrators' Academy course was required but | ||||||
| 11 | not completed, the licensee shall complete any missed | ||||||
| 12 | Illinois Administrators' Academy courses prior to | ||||||
| 13 | September 1 of that year. The licensee may complete all | ||||||
| 14 | deficient hours and Illinois Administrators' Academy | ||||||
| 15 | courses while continuing to work in a position that | ||||||
| 16 | requires that license until September 1 of that year. | ||||||
| 17 | (8) Any licensee who has not fulfilled the professional | ||||||
| 18 | development renewal requirements set forth in this Section | ||||||
| 19 | at the end of any 5-year renewal cycle is ineligible to | ||||||
| 20 | register his or her license and may submit an appeal to the | ||||||
| 21 | State Superintendent of Education for reinstatement of the | ||||||
| 22 | license. | ||||||
| 23 | (9) If professional development opportunities were | ||||||
| 24 | unavailable to a licensee, proof that opportunities were | ||||||
| 25 | unavailable and request for an extension of time beyond | ||||||
| 26 | August 31 to complete the renewal requirements may be | ||||||
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| 1 | submitted from April 1 through June 30 of that year to the | ||||||
| 2 | State Educator Preparation and Licensure Board. If an | ||||||
| 3 | extension is approved, the license shall remain valid | ||||||
| 4 | during the extension period. | ||||||
| 5 | (10) Individuals who hold exempt licenses prior to | ||||||
| 6 | December 27, 2013 (the effective date of Public Act 98-610) | ||||||
| 7 | shall commence the annual renewal process with the first | ||||||
| 8 | scheduled registration due after December 27, 2013 (the | ||||||
| 9 | effective date of Public Act 98-610). | ||||||
| 10 | (11) Notwithstanding any other provision of this | ||||||
| 11 | subsection (e), if a licensee earns more than the required | ||||||
| 12 | number of professional development hours during a renewal | ||||||
| 13 | cycle, then the licensee may carry over any hours earned | ||||||
| 14 | from April 1 through June 30 of the last year of the | ||||||
| 15 | renewal cycle. Any hours carried over in this manner must | ||||||
| 16 | be applied to the next renewal cycle. Illinois | ||||||
| 17 | Administrators' Academy courses or hours earned in those | ||||||
| 18 | courses may not be carried over. | ||||||
| 19 | (f) At the time of renewal, each licensee shall respond to | ||||||
| 20 | the required questions under penalty of perjury. | ||||||
| 21 | (g) The following entities shall be designated as approved | ||||||
| 22 | to provide professional development activities for the renewal | ||||||
| 23 | of Professional Educator Licenses: | ||||||
| 24 | (1) The State Board of Education. | ||||||
| 25 | (2) Regional offices of education and intermediate | ||||||
| 26 | service centers. | ||||||
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| 1 | (3) Illinois professional associations representing | ||||||
| 2 | the following groups that are approved by the State | ||||||
| 3 | Superintendent of Education: | ||||||
| 4 | (A) school administrators; | ||||||
| 5 | (B) principals; | ||||||
| 6 | (C) school business officials; | ||||||
| 7 | (D) teachers, including special education | ||||||
| 8 | teachers; | ||||||
| 9 | (E) school boards; | ||||||
| 10 | (F) school districts; | ||||||
| 11 | (G) parents; and | ||||||
| 12 | (H) school service personnel. | ||||||
| 13 | (4) Regionally accredited institutions of higher | ||||||
| 14 | education that offer Illinois-approved educator | ||||||
| 15 | preparation programs and public community colleges subject | ||||||
| 16 | to the Public Community College Act. | ||||||
| 17 | (5) Illinois public school districts, charter schools | ||||||
| 18 | authorized under Article 27A of this Code, and joint | ||||||
| 19 | educational programs authorized under Article 10 of this | ||||||
| 20 | Code for the purposes of providing career and technical | ||||||
| 21 | education or special education services. | ||||||
| 22 | (6) A not-for-profit organization that, as of December | ||||||
| 23 | 31, 2014 (the effective date of Public Act 98-1147), has | ||||||
| 24 | had or has a grant from or a contract with the State Board | ||||||
| 25 | of Education to provide professional development services | ||||||
| 26 | in the area of English Learning to Illinois school | ||||||
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| 1 | districts, teachers, or administrators. | ||||||
| 2 | (7) State agencies, State boards, and State | ||||||
| 3 | commissions. | ||||||
| 4 | (8) Museums as defined in Section 10 of the Museum | ||||||
| 5 | Disposition of Property Act. | ||||||
| 6 | (h) Approved providers under subsection (g) of this Section | ||||||
| 7 | shall make available professional development opportunities | ||||||
| 8 | that satisfy at least one of the following: | ||||||
| 9 | (1) increase the knowledge and skills of school and | ||||||
| 10 | district leaders who guide continuous professional | ||||||
| 11 | development; | ||||||
| 12 | (2) improve the learning of students; | ||||||
| 13 | (3) organize adults into learning communities whose | ||||||
| 14 | goals are aligned with those of the school and district; | ||||||
| 15 | (4) deepen educator's content knowledge; | ||||||
| 16 | (5) provide educators with research-based | ||||||
| 17 | instructional strategies to assist students in meeting | ||||||
| 18 | rigorous academic standards; | ||||||
| 19 | (6) prepare educators to appropriately use various | ||||||
| 20 | types of classroom assessments; | ||||||
| 21 | (7) use learning strategies appropriate to the | ||||||
| 22 | intended goals; | ||||||
| 23 | (8) provide educators with the knowledge and skills to | ||||||
| 24 | collaborate; or | ||||||
| 25 | (9) prepare educators to apply research to | ||||||
| 26 | decision-making. | ||||||
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| 1 | (i) Approved providers under subsection (g) of this Section | ||||||
| 2 | shall do the following: | ||||||
| 3 | (1) align professional development activities to the | ||||||
| 4 | State-approved national standards for professional | ||||||
| 5 | learning; | ||||||
| 6 | (2) meet the professional development criteria for | ||||||
| 7 | Illinois licensure renewal; | ||||||
| 8 | (3) produce a rationale for the activity that explains | ||||||
| 9 | how it aligns to State standards and identify the | ||||||
| 10 | assessment for determining the expected impact on student | ||||||
| 11 | learning or school improvement; | ||||||
| 12 | (4) maintain original documentation for completion of | ||||||
| 13 | activities; | ||||||
| 14 | (5) provide license holders with evidence of | ||||||
| 15 | completion of activities; and | ||||||
| 16 | (6) request an Illinois Educator Identification Number | ||||||
| 17 | (IEIN) for each educator during each professional | ||||||
| 18 | development activity. | ||||||
| 19 | (j) The State Board of Education shall conduct annual | ||||||
| 20 | audits of a subset of approved providers, except for school | ||||||
| 21 | districts, which shall be audited by regional offices of | ||||||
| 22 | education and intermediate service centers. The State Board of | ||||||
| 23 | Education shall ensure that each approved provider, except for | ||||||
| 24 | a school district, is audited at least once every 5 years. The | ||||||
| 25 | State Board of Education may conduct more frequent audits of | ||||||
| 26 | providers if evidence suggests the requirements of this Section | ||||||
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| 1 | or administrative rules are not being met. The State Board of | ||||||
| 2 | Education shall complete random audits of licensees. | ||||||
| 3 | (1) (Blank). | ||||||
| 4 | (2) Approved providers shall comply with the | ||||||
| 5 | requirements in subsections (h) and (i) of this Section by | ||||||
| 6 | annually submitting data to the State Board of Education | ||||||
| 7 | demonstrating how the professional development activities | ||||||
| 8 | impacted one or more of the following: | ||||||
| 9 | (A) educator and student growth in regards to | ||||||
| 10 | content knowledge or skills, or both; | ||||||
| 11 | (B) educator and student social and emotional | ||||||
| 12 | growth; or | ||||||
| 13 | (C) alignment to district or school improvement | ||||||
| 14 | plans. | ||||||
| 15 | (3) The State Superintendent of Education shall review | ||||||
| 16 | the annual data collected by the State Board of Education, | ||||||
| 17 | regional offices of education, and intermediate service | ||||||
| 18 | centers in audits to determine if the approved provider has | ||||||
| 19 | met the criteria and should continue to be an approved | ||||||
| 20 | provider or if further action should be taken as provided | ||||||
| 21 | in rules. | ||||||
| 22 | (k) Registration fees shall be paid for the next renewal | ||||||
| 23 | cycle between April 1 and June 30 in the last year of each | ||||||
| 24 | 5-year renewal cycle using ELIS. If all required professional | ||||||
| 25 | development hours for the renewal cycle have been completed and | ||||||
| 26 | entered by the licensee, the licensee shall pay the | ||||||
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| 1 | registration fees for the next cycle using a form of credit or | ||||||
| 2 | debit card. | ||||||
| 3 | (l) Any professional educator licensee endorsed for school | ||||||
| 4 | support personnel who is employed and performing services in | ||||||
| 5 | Illinois public schools and who holds an active and current | ||||||
| 6 | professional license issued by the Department of Financial and | ||||||
| 7 | Professional Regulation or a national certification board, as | ||||||
| 8 | approved by the State Board of Education, related to the | ||||||
| 9 | endorsement areas on the Professional Educator License shall be | ||||||
| 10 | deemed to have satisfied the continuing professional | ||||||
| 11 | development requirements provided for in this Section. Such | ||||||
| 12 | individuals shall be required to pay only registration fees to | ||||||
| 13 | renew the Professional Educator License. An individual who does | ||||||
| 14 | not hold a license issued by the Department of Financial and | ||||||
| 15 | Professional Regulation shall complete professional | ||||||
| 16 | development requirements for the renewal of a Professional | ||||||
| 17 | Educator License provided for in this Section. | ||||||
| 18 | (m) Appeals to the State Educator Preparation and Licensure | ||||||
| 19 | Board
must be made within 30 days after receipt of notice from | ||||||
| 20 | the State Superintendent of Education that a license will not | ||||||
| 21 | be renewed based upon failure to complete the requirements of | ||||||
| 22 | this Section. A licensee may appeal that decision to the State | ||||||
| 23 | Educator Preparation and Licensure Board in a manner prescribed | ||||||
| 24 | by rule. | ||||||
| 25 | (1) Each appeal shall state the reasons why the State | ||||||
| 26 | Superintendent's decision should be reversed and shall be | ||||||
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| 1 | sent by certified mail, return receipt requested, to the | ||||||
| 2 | State Board of Education. | ||||||
| 3 | (2) The State Educator Preparation and Licensure Board | ||||||
| 4 | shall review each appeal regarding renewal of a license | ||||||
| 5 | within 90 days after receiving the appeal in order to | ||||||
| 6 | determine whether the licensee has met the requirements of | ||||||
| 7 | this Section. The State Educator Preparation and Licensure | ||||||
| 8 | Board may hold an appeal hearing or may make its | ||||||
| 9 | determination based upon the record of review, which shall | ||||||
| 10 | consist of the following: | ||||||
| 11 | (A) the regional superintendent of education's | ||||||
| 12 | rationale for recommending nonrenewal of the license, | ||||||
| 13 | if applicable; | ||||||
| 14 | (B) any evidence submitted to the State | ||||||
| 15 | Superintendent along with the individual's electronic | ||||||
| 16 | statement of assurance for renewal; and | ||||||
| 17 | (C) the State Superintendent's rationale for | ||||||
| 18 | nonrenewal of the license. | ||||||
| 19 | (3) The State Educator Preparation and Licensure Board | ||||||
| 20 | shall notify the licensee of its decision regarding license | ||||||
| 21 | renewal by certified mail, return receipt requested, no | ||||||
| 22 | later than 30 days after reaching a decision. Upon receipt | ||||||
| 23 | of notification of renewal, the licensee, using ELIS, shall | ||||||
| 24 | pay the applicable registration fee for the next cycle | ||||||
| 25 | using a form of credit or debit card. | ||||||
| 26 | (n) The State Board of Education may adopt rules as may be | ||||||
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| 1 | necessary to implement this Section. | ||||||
| 2 | (Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15; | ||||||
| 3 | 99-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; | ||||||
| 4 | 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff. | ||||||
| 5 | 7-1-18; 100-863, eff. 8-14-18.)
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| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law.
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