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1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Pension Code is amended by changing
5		Sections 15-155 and 16-158 as follows:
6		(40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
7		Sec. 15-155. Employer contributions.
8		(a) The State of Illinois shall make contributions by
9		appropriations of amounts which, together with the other
10		employer contributions from trust, federal, and other funds,
11		employee contributions, income from investments, and other
12		income of this System, will be sufficient to meet the cost of
13		maintaining and administering the System on a 90% funded basis
14		in accordance with actuarial recommendations.
15		The Board shall determine the amount of State contributions
16		required for each fiscal year on the basis of the actuarial
17		tables and other assumptions adopted by the Board and the
18		recommendations of the actuary, using the formula in subsection
19		(a-1).
20		(a-1) For State fiscal years 2012 through 2045, the minimum
21		contribution to the System to be made by the State for each
22		fiscal year shall be an amount determined by the System to be
23		sufficient to bring the total assets of the System up to 90% of

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1		the total actuarial liabilities of the System by the end of
2		State fiscal year 2045. In making these determinations, the
3		required State contribution shall be calculated each year as a
4		level percentage of payroll over the years remaining to and
5		including fiscal year 2045 and shall be determined under the
6		projected unit credit actuarial cost method.
7		For each of State fiscal years 2018, 2019, and 2020, the
8		State shall make an additional contribution to the System equal
9		to 2% of the total payroll of each employee who is deemed to
10		have elected the benefits under Section 1-161 or who has made
11		the election under subsection (c) of Section 1-161.
12		A change in an actuarial or investment assumption that
13		increases or decreases the required State contribution and
14		first applies in State fiscal year 2018 or thereafter shall be
15		implemented in equal annual amounts over a 5-year period
16		beginning in the State fiscal year in which the actuarial
17		change first applies to the required State contribution.
18		A change in an actuarial or investment assumption that
19		increases or decreases the required State contribution and
20		first applied to the State contribution in fiscal year 2014,
21		2015, 2016, or 2017 shall be implemented:
22		(i) as already applied in State fiscal years before
23		2018; and
24		(ii) in the portion of the 5-year period beginning in
25		the State fiscal year in which the actuarial change first
26		applied that occurs in State fiscal year 2018 or

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1		thereafter, by calculating the change in equal annual
2		amounts over that 5-year period and then implementing it at
3		the resulting annual rate in each of the remaining fiscal
4		years in that 5-year period.
5		For State fiscal years 1996 through 2005, the State
6		contribution to the System, as a percentage of the applicable
7		employee payroll, shall be increased in equal annual increments
8		so that by State fiscal year 2011, the State is contributing at
9		the rate required under this Section.
10		Notwithstanding any other provision of this Article, the
11		total required State contribution for State fiscal year 2006 is
12		$166,641,900.
13		Notwithstanding any other provision of this Article, the
14		total required State contribution for State fiscal year 2007 is
15		$252,064,100.
16		For each of State fiscal years 2008 through 2009, the State
17		contribution to the System, as a percentage of the applicable
18		employee payroll, shall be increased in equal annual increments
19		from the required State contribution for State fiscal year
20		2007, so that by State fiscal year 2011, the State is
21		contributing at the rate otherwise required under this Section.
22		Notwithstanding any other provision of this Article, the
23		total required State contribution for State fiscal year 2010 is
24		$702,514,000 and shall be made from the State Pensions Fund and
25		proceeds of bonds sold in fiscal year 2010 pursuant to Section
26		7.2 of the General Obligation Bond Act, less (i) the pro rata

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1		share of bond sale expenses determined by the System's share of
2		total bond proceeds, (ii) any amounts received from the General
3		Revenue Fund in fiscal year 2010, (iii) any reduction in bond
4		proceeds due to the issuance of discounted bonds, if
5		applicable.
6		Notwithstanding any other provision of this Article, the
7		total required State contribution for State fiscal year 2011 is
8		the amount recertified by the System on or before April 1, 2011
9		pursuant to Section 15-165 and shall be made from the State
10		Pensions Fund and proceeds of bonds sold in fiscal year 2011
11		pursuant to Section 7.2 of the General Obligation Bond Act,
12		less (i) the pro rata share of bond sale expenses determined by
13		the System's share of total bond proceeds, (ii) any amounts
14		received from the General Revenue Fund in fiscal year 2011, and
15		(iii) any reduction in bond proceeds due to the issuance of
16		discounted bonds, if applicable.
17		Beginning in State fiscal year 2046, the minimum State
18		contribution for each fiscal year shall be the amount needed to
19		maintain the total assets of the System at 90% of the total
20		actuarial liabilities of the System.
21		Amounts received by the System pursuant to Section 25 of
22		the Budget Stabilization Act or Section 8.12 of the State
23		Finance Act in any fiscal year do not reduce and do not
24		constitute payment of any portion of the minimum State
25		contribution required under this Article in that fiscal year.
26		Such amounts shall not reduce, and shall not be included in the

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1		calculation of, the required State contributions under this
2		Article in any future year until the System has reached a
3		funding ratio of at least 90%. A reference in this Article to
4		the "required State contribution" or any substantially similar
5		term does not include or apply to any amounts payable to the
6		System under Section 25 of the Budget Stabilization Act.
7		Notwithstanding any other provision of this Section, the
8		required State contribution for State fiscal year 2005 and for
9		fiscal year 2008 and each fiscal year thereafter, as calculated
10		under this Section and certified under Section 15-165, shall
11		not exceed an amount equal to (i) the amount of the required
12		State contribution that would have been calculated under this
13		Section for that fiscal year if the System had not received any
14		payments under subsection (d) of Section 7.2 of the General
15		Obligation Bond Act, minus (ii) the portion of the State's
16		total debt service payments for that fiscal year on the bonds
17		issued in fiscal year 2003 for the purposes of that Section
18		7.2, as determined and certified by the Comptroller, that is
19		the same as the System's portion of the total moneys
20		distributed under subsection (d) of Section 7.2 of the General
21		Obligation Bond Act. In determining this maximum for State
22		fiscal years 2008 through 2010, however, the amount referred to
23		in item (i) shall be increased, as a percentage of the
24		applicable employee payroll, in equal increments calculated
25		from the sum of the required State contribution for State
26		fiscal year 2007 plus the applicable portion of the State's

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1		total debt service payments for fiscal year 2007 on the bonds
2		issued in fiscal year 2003 for the purposes of Section 7.2 of
3		the General Obligation Bond Act, so that, by State fiscal year
4		2011, the State is contributing at the rate otherwise required
5		under this Section.
6		(a-2) Beginning in fiscal year 2018, each employer under
7		this Article shall pay to the System a required contribution
8		determined as a percentage of projected payroll and sufficient
9		to produce an annual amount equal to:
10		(i) for each of fiscal years 2018, 2019, and 2020, the
11		defined benefit normal cost of the defined benefit plan,
12		less the employee contribution, for each employee of that
13		employer who has elected or who is deemed to have elected
14		the benefits under Section 1-161 or who has made the
15		election under subsection (c) of Section 1-161; for fiscal
16		year 2021 and each fiscal year thereafter, the defined
17		benefit normal cost of the defined benefit plan, less the
18		employee contribution, plus 2%, for each employee of that
19		employer who has elected or who is deemed to have elected
20		the benefits under Section 1-161 or who has made the
21		election under subsection (c) of Section 1-161; plus
22		(ii) the amount required for that fiscal year to
23		amortize any unfunded actuarial accrued liability
24		associated with the present value of liabilities
25		attributable to the employer's account under Section
26		15-155.2, determined as a level percentage of payroll over

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1		a 30-year rolling amortization period.
2		In determining contributions required under item (i) of
3		this subsection, the System shall determine an aggregate rate
4		for all employers, expressed as a percentage of projected
5		payroll.
6		In determining the contributions required under item (ii)
7		of this subsection, the amount shall be computed by the System
8		on the basis of the actuarial assumptions and tables used in
9		the most recent actuarial valuation of the System that is
10		available at the time of the computation.
11		The contributions required under this subsection (a-2)
12		shall be paid by an employer concurrently with that employer's
13		payroll payment period. The State, as the actual employer of an
14		employee, shall make the required contributions under this
15		subsection.
16		As used in this subsection, "academic year" means the
17		12-month period beginning September 1.
18		(b) If an employee is paid from trust or federal funds, the
19		employer shall pay to the Board contributions from those funds
20		which are sufficient to cover the accruing normal costs on
21		behalf of the employee. However, universities having employees
22		who are compensated out of local auxiliary funds, income funds,
23		or service enterprise funds are not required to pay such
24		contributions on behalf of those employees. The local auxiliary
25		funds, income funds, and service enterprise funds of
26		universities shall not be considered trust funds for the

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1		purpose of this Article, but funds of alumni associations,
2		foundations, and athletic associations which are affiliated
3		with the universities included as employers under this Article
4		and other employers which do not receive State appropriations
5		are considered to be trust funds for the purpose of this
6		Article.
7		(b-1) The City of Urbana and the City of Champaign shall
8		each make employer contributions to this System for their
9		respective firefighter employees who participate in this
10		System pursuant to subsection (h) of Section 15-107. The rate
11		of contributions to be made by those municipalities shall be
12		determined annually by the Board on the basis of the actuarial
13		assumptions adopted by the Board and the recommendations of the
14		actuary, and shall be expressed as a percentage of salary for
15		each such employee. The Board shall certify the rate to the
16		affected municipalities as soon as may be practical. The
17		employer contributions required under this subsection shall be
18		remitted by the municipality to the System at the same time and
19		in the same manner as employee contributions.
20		(c) Through State fiscal year 1995: The total employer
21		contribution shall be apportioned among the various funds of
22		the State and other employers, whether trust, federal, or other
23		funds, in accordance with actuarial procedures approved by the
24		Board. State of Illinois contributions for employers receiving
25		State appropriations for personal services shall be payable
26		from appropriations made to the employers or to the System. The

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1		contributions for Class I community colleges covering earnings
2		other than those paid from trust and federal funds, shall be
3		payable solely from appropriations to the Illinois Community
4		College Board or the System for employer contributions.
5		(d) Beginning in State fiscal year 1996, the required State
6		contributions to the System shall be appropriated directly to
7		the System and shall be payable through vouchers issued in
8		accordance with subsection (c) of Section 15-165, except as
9		provided in subsection (g).
10		(e) The State Comptroller shall draw warrants payable to
11		the System upon proper certification by the System or by the
12		employer in accordance with the appropriation laws and this
13		Code.
14		(f) Normal costs under this Section means liability for
15		pensions and other benefits which accrues to the System because
16		of the credits earned for service rendered by the participants
17		during the fiscal year and expenses of administering the
18		System, but shall not include the principal of or any
19		redemption premium or interest on any bonds issued by the Board
20		or any expenses incurred or deposits required in connection
21		therewith.
22		(g) If For academic years beginning on or after June 1,
23		2005 and before July 1, 2018 and for earnings paid to a
24		participant under a contract or collective bargaining
25		agreement entered into, amended, or renewed before the
26		effective date of this amendatory Act of the 100th General

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1		Assembly, if the amount of a participant's earnings for any
2		academic year used to determine the final rate of earnings,
3		determined on a full-time equivalent basis, exceeds the amount
4		of his or her earnings with the same employer for the previous
5		academic year, determined on a full-time equivalent basis, by
6		more than 6%, the participant's employer shall pay to the
7		System, in addition to all other payments required under this
8		Section and in accordance with guidelines established by the
9		System, the present value of the increase in benefits resulting
10		from the portion of the increase in earnings that is in excess
11		of 6%. This present value shall be computed by the System on
12		the basis of the actuarial assumptions and tables used in the
13		most recent actuarial valuation of the System that is available
14		at the time of the computation. The System may require the
15		employer to provide any pertinent information or
16		documentation.
17		Whenever it determines that a payment is or may be required
18		under this subsection (g), the System shall calculate the
19		amount of the payment and bill the employer for that amount.
20		The bill shall specify the calculations used to determine the
21		amount due. If the employer disputes the amount of the bill, it
22		may, within 30 days after receipt of the bill, apply to the
23		System in writing for a recalculation. The application must
24		specify in detail the grounds of the dispute and, if the
25		employer asserts that the calculation is subject to subsection
26		(h) or (i) of this Section or that subsection (g-1) applies,

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1		must include an affidavit setting forth and attesting to all
2		facts within the employer's knowledge that are pertinent to the
3		applicability of that subsection. Upon receiving a timely
4		application for recalculation, the System shall review the
5		application and, if appropriate, recalculate the amount due.
6		The employer contributions required under this subsection
7		(g) may be paid in the form of a lump sum within 90 days after
8		receipt of the bill. If the employer contributions are not paid
9		within 90 days after receipt of the bill, then interest will be
10		charged at a rate equal to the System's annual actuarially
11		assumed rate of return on investment compounded annually from
12		the 91st day after receipt of the bill. Payments must be
13		concluded within 3 years after the employer's receipt of the
14		bill.
15		When assessing payment for any amount due under this
16		subsection (g), the System shall include earnings, to the
17		extent not established by a participant under Section 15-113.11
18		or 15-113.12, that would have been paid to the participant had
19		the participant not taken (i) periods of voluntary or
20		involuntary furlough occurring on or after July 1, 2015 and on
21		or before June 30, 2017 or (ii) periods of voluntary pay
22		reduction in lieu of furlough occurring on or after July 1,
23		2015 and on or before June 30, 2017. Determining earnings that
24		would have been paid to a participant had the participant not
25		taken periods of voluntary or involuntary furlough or periods
26		of voluntary pay reduction shall be the responsibility of the

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1		employer, and shall be reported in a manner prescribed by the
2		System.
3		This subsection (g) does not apply to (1) Tier 2 hybrid
4		plan members and (2) Tier 2 defined benefit members who first
5		participate under this Article on or after the implementation
6		date of the Optional Hybrid Plan.
7		(g-1) (Blank). For academic years beginning on or after
8		July 1, 2018 and for earnings paid to a participant under a
9		contract or collective bargaining agreement entered into,
10		amended, or renewed on or after the effective date of this
11		amendatory Act of the 100th General Assembly, if the amount of
12		a participant's earnings for any academic year used to
13		determine the final rate of earnings, determined on a full-time
14		equivalent basis, exceeds the amount of his or her earnings
15		with the same employer for the previous academic year,
16		determined on a full-time equivalent basis, by more than 3%,
17		then the participant's employer shall pay to the System, in
18		addition to all other payments required under this Section and
19		in accordance with guidelines established by the System, the
20		present value of the increase in benefits resulting from the
21		portion of the increase in earnings that is in excess of 3%.
22		This present value shall be computed by the System on the basis
23		of the actuarial assumptions and tables used in the most recent
24		actuarial valuation of the System that is available at the time
25		of the computation. The System may require the employer to
26		provide any pertinent information or documentation.

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1		Whenever it determines that a payment is or may be required
2		under this subsection (g-1), the System shall calculate the
3		amount of the payment and bill the employer for that amount.
4		The bill shall specify the calculations used to determine the
5		amount due. If the employer disputes the amount of the bill, it
6		may, within 30 days after receipt of the bill, apply to the
7		System in writing for a recalculation. The application must
8		specify in detail the grounds of the dispute and, if the
9		employer asserts that subsection (g) of this Section applies,
10		must include an affidavit setting forth and attesting to all
11		facts within the employer's knowledge that are pertinent to the
12		applicability of subsection (g). Upon receiving a timely
13		application for recalculation, the System shall review the
14		application and, if appropriate, recalculate the amount due.
15		The employer contributions required under this subsection
16		(g-1) may be paid in the form of a lump sum within 90 days after
17		receipt of the bill. If the employer contributions are not paid
18		within 90 days after receipt of the bill, then interest shall
19		be charged at a rate equal to the System's annual actuarially
20		assumed rate of return on investment compounded annually from
21		the 91st day after receipt of the bill. Payments must be
22		concluded within 3 years after the employer's receipt of the
23		bill.
24		This subsection (g-1) does not apply to (1) Tier 2 hybrid
25		plan members and (2) Tier 2 defined benefit members who first
26		participate under this Article on or after the implementation

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1		date of the Optional Hybrid Plan.
2		(h) This subsection (h) applies only to payments made or
3		salary increases given on or after June 1, 2005 but before July
4		1, 2011. The changes made by Public Act 94-1057 shall not
5		require the System to refund any payments received before July
6		31, 2006 (the effective date of Public Act 94-1057).
7		When assessing payment for any amount due under subsection
8		(g), the System shall exclude earnings increases paid to
9		participants under contracts or collective bargaining
10		agreements entered into, amended, or renewed before June 1,
11		2005.
12		When assessing payment for any amount due under subsection
13		(g), the System shall exclude earnings increases paid to a
14		participant at a time when the participant is 10 or more years
15		from retirement eligibility under Section 15-135.
16		When assessing payment for any amount due under subsection
17		(g), the System shall exclude earnings increases resulting from
18		overload work, including a contract for summer teaching, or
19		overtime when the employer has certified to the System, and the
20		System has approved the certification, that: (i) in the case of
21		overloads (A) the overload work is for the sole purpose of
22		academic instruction in excess of the standard number of
23		instruction hours for a full-time employee occurring during the
24		academic year that the overload is paid and (B) the earnings
25		increases are equal to or less than the rate of pay for
26		academic instruction computed using the participant's current

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1		salary rate and work schedule; and (ii) in the case of
2		overtime, the overtime was necessary for the educational
3		mission.
4		When assessing payment for any amount due under subsection
5		(g), the System shall exclude any earnings increase resulting
6		from (i) a promotion for which the employee moves from one
7		classification to a higher classification under the State
8		Universities Civil Service System, (ii) a promotion in academic
9		rank for a tenured or tenure-track faculty position, or (iii) a
10		promotion that the Illinois Community College Board has
11		recommended in accordance with subsection (k) of this Section.
12		These earnings increases shall be excluded only if the
13		promotion is to a position that has existed and been filled by
14		a member for no less than one complete academic year and the
15		earnings increase as a result of the promotion is an increase
16		that results in an amount no greater than the average salary
17		paid for other similar positions.
18		(i) When assessing payment for any amount due under
19		subsection (g), the System shall exclude any salary increase
20		described in subsection (h) of this Section given on or after
21		July 1, 2011 but before July 1, 2014 under a contract or
22		collective bargaining agreement entered into, amended, or
23		renewed on or after June 1, 2005 but before July 1, 2011.
24		Notwithstanding any other provision of this Section, any
25		payments made or salary increases given after June 30, 2014
26		shall be used in assessing payment for any amount due under

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1		subsection (g) of this Section.
2		(j) The System shall prepare a report and file copies of
3		the report with the Governor and the General Assembly by
4		January 1, 2007 that contains all of the following information:
5		(1) The number of recalculations required by the
6		changes made to this Section by Public Act 94-1057 for each
7		employer.
8		(2) The dollar amount by which each employer's
9		contribution to the System was changed due to
10		recalculations required by Public Act 94-1057.
11		(3) The total amount the System received from each
12		employer as a result of the changes made to this Section by
13		Public Act 94-4.
14		(4) The increase in the required State contribution
15		resulting from the changes made to this Section by Public
16		Act 94-1057.
17		(j-5) For State fiscal years beginning on or after July 1,
18		2017, if the amount of a participant's earnings for any State
19		fiscal year exceeds the amount of the salary set by law for the
20		Governor that is in effect on July 1 of that fiscal year, the
21		participant's employer shall pay to the System, in addition to
22		all other payments required under this Section and in
23		accordance with guidelines established by the System, an amount
24		determined by the System to be equal to the employer normal
25		cost, as established by the System and expressed as a total
26		percentage of payroll, multiplied by the amount of earnings in

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1		excess of the amount of the salary set by law for the Governor.
2		This amount shall be computed by the System on the basis of the
3		actuarial assumptions and tables used in the most recent
4		actuarial valuation of the System that is available at the time
5		of the computation. The System may require the employer to
6		provide any pertinent information or documentation.
7		Whenever it determines that a payment is or may be required
8		under this subsection, the System shall calculate the amount of
9		the payment and bill the employer for that amount. The bill
10		shall specify the calculation used to determine the amount due.
11		If the employer disputes the amount of the bill, it may, within
12		30 days after receipt of the bill, apply to the System in
13		writing for a recalculation. The application must specify in
14		detail the grounds of the dispute. Upon receiving a timely
15		application for recalculation, the System shall review the
16		application and, if appropriate, recalculate the amount due.
17		The employer contributions required under this subsection
18		may be paid in the form of a lump sum within 90 days after
19		issuance of the bill. If the employer contributions are not
20		paid within 90 days after issuance of the bill, then interest
21		will be charged at a rate equal to the System's annual
22		actuarially assumed rate of return on investment compounded
23		annually from the 91st day after issuance of the bill. All
24		payments must be received within 3 years after issuance of the
25		bill. If the employer fails to make complete payment, including
26		applicable interest, within 3 years, then the System may, after

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1		giving notice to the employer, certify the delinquent amount to
2		the State Comptroller, and the Comptroller shall thereupon
3		deduct the certified delinquent amount from State funds payable
4		to the employer and pay them instead to the System.
5		This subsection (j-5) does not apply to a participant's
6		earnings to the extent an employer pays the employer normal
7		cost of such earnings.
8		The changes made to this subsection (j-5) by Public Act
9		100-624 this amendatory Act of the 100th General Assembly are
10		intended to apply retroactively to July 6, 2017 (the effective
11		date of Public Act 100-23).
12		(k) The Illinois Community College Board shall adopt rules
13		for recommending lists of promotional positions submitted to
14		the Board by community colleges and for reviewing the
15		promotional lists on an annual basis. When recommending
16		promotional lists, the Board shall consider the similarity of
17		the positions submitted to those positions recognized for State
18		universities by the State Universities Civil Service System.
19		The Illinois Community College Board shall file a copy of its
20		findings with the System. The System shall consider the
21		findings of the Illinois Community College Board when making
22		determinations under this Section. The System shall not exclude
23		any earnings increases resulting from a promotion when the
24		promotion was not submitted by a community college. Nothing in
25		this subsection (k) shall require any community college to
26		submit any information to the Community College Board.

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1		(l) For purposes of determining the required State
2		contribution to the System, the value of the System's assets
3		shall be equal to the actuarial value of the System's assets,
4		which shall be calculated as follows:
5		As of June 30, 2008, the actuarial value of the System's
6		assets shall be equal to the market value of the assets as of
7		that date. In determining the actuarial value of the System's
8		assets for fiscal years after June 30, 2008, any actuarial
9		gains or losses from investment return incurred in a fiscal
10		year shall be recognized in equal annual amounts over the
11		5-year period following that fiscal year.
12		(m) For purposes of determining the required State
13		contribution to the system for a particular year, the actuarial
14		value of assets shall be assumed to earn a rate of return equal
15		to the system's actuarially assumed rate of return.
16		(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17;
17		100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
18		(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
19		Sec. 16-158. Contributions by State and other employing
20		units.
21		(a) The State shall make contributions to the System by
22		means of appropriations from the Common School Fund and other
23		State funds of amounts which, together with other employer
24		contributions, employee contributions, investment income, and
25		other income, will be sufficient to meet the cost of

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1		maintaining and administering the System on a 90% funded basis
2		in accordance with actuarial recommendations.
3		The Board shall determine the amount of State contributions
4		required for each fiscal year on the basis of the actuarial
5		tables and other assumptions adopted by the Board and the
6		recommendations of the actuary, using the formula in subsection
7		(b-3).
8		(a-1) Annually, on or before November 15 until November 15,
9		2011, the Board shall certify to the Governor the amount of the
10		required State contribution for the coming fiscal year. The
11		certification under this subsection (a-1) shall include a copy
12		of the actuarial recommendations upon which it is based and
13		shall specifically identify the System's projected State
14		normal cost for that fiscal year.
15		On or before May 1, 2004, the Board shall recalculate and
16		recertify to the Governor the amount of the required State
17		contribution to the System for State fiscal year 2005, taking
18		into account the amounts appropriated to and received by the
19		System under subsection (d) of Section 7.2 of the General
20		Obligation Bond Act.
21		On or before July 1, 2005, the Board shall recalculate and
22		recertify to the Governor the amount of the required State
23		contribution to the System for State fiscal year 2006, taking
24		into account the changes in required State contributions made
25		by Public Act 94-4.
26		On or before April 1, 2011, the Board shall recalculate and

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1		recertify to the Governor the amount of the required State
2		contribution to the System for State fiscal year 2011, applying
3		the changes made by Public Act 96-889 to the System's assets
4		and liabilities as of June 30, 2009 as though Public Act 96-889
5		was approved on that date.
6		(a-5) On or before November 1 of each year, beginning
7		November 1, 2012, the Board shall submit to the State Actuary,
8		the Governor, and the General Assembly a proposed certification
9		of the amount of the required State contribution to the System
10		for the next fiscal year, along with all of the actuarial
11		assumptions, calculations, and data upon which that proposed
12		certification is based. On or before January 1 of each year,
13		beginning January 1, 2013, the State Actuary shall issue a
14		preliminary report concerning the proposed certification and
15		identifying, if necessary, recommended changes in actuarial
16		assumptions that the Board must consider before finalizing its
17		certification of the required State contributions. On or before
18		January 15, 2013 and each January 15 thereafter, the Board
19		shall certify to the Governor and the General Assembly the
20		amount of the required State contribution for the next fiscal
21		year. The Board's certification must note any deviations from
22		the State Actuary's recommended changes, the reason or reasons
23		for not following the State Actuary's recommended changes, and
24		the fiscal impact of not following the State Actuary's
25		recommended changes on the required State contribution.
26		(a-10) By November 1, 2017, the Board shall recalculate and

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1		recertify to the State Actuary, the Governor, and the General
2		Assembly the amount of the State contribution to the System for
3		State fiscal year 2018, taking into account the changes in
4		required State contributions made by Public Act 100-23. The
5		State Actuary shall review the assumptions and valuations
6		underlying the Board's revised certification and issue a
7		preliminary report concerning the proposed recertification and
8		identifying, if necessary, recommended changes in actuarial
9		assumptions that the Board must consider before finalizing its
10		certification of the required State contributions. The Board's
11		final certification must note any deviations from the State
12		Actuary's recommended changes, the reason or reasons for not
13		following the State Actuary's recommended changes, and the
14		fiscal impact of not following the State Actuary's recommended
15		changes on the required State contribution.
16		(a-15) On or after June 15, 2019, but no later than June
17		30, 2019, the Board shall recalculate and recertify to the
18		Governor and the General Assembly the amount of the State
19		contribution to the System for State fiscal year 2019, taking
20		into account the changes in required State contributions made
21		by Public Act 100-587 this amendatory Act of the 100th General
22		Assembly. The recalculation shall be made using assumptions
23		adopted by the Board for the original fiscal year 2019
24		certification. The monthly voucher for the 12th month of fiscal
25		year 2019 shall be paid by the Comptroller after the
26		recertification required pursuant to this subsection is

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1		submitted to the Governor, Comptroller, and General Assembly.
2		The recertification submitted to the General Assembly shall be
3		filed with the Clerk of the House of Representatives and the
4		Secretary of the Senate in electronic form only, in the manner
5		that the Clerk and the Secretary shall direct.
6		(b) Through State fiscal year 1995, the State contributions
7		shall be paid to the System in accordance with Section 18-7 of
8		the School Code.
9		(b-1) Beginning in State fiscal year 1996, on the 15th day
10		of each month, or as soon thereafter as may be practicable, the
11		Board shall submit vouchers for payment of State contributions
12		to the System, in a total monthly amount of one-twelfth of the
13		required annual State contribution certified under subsection
14		(a-1). From March 5, 2004 (the effective date of Public Act
15		93-665) through June 30, 2004, the Board shall not submit
16		vouchers for the remainder of fiscal year 2004 in excess of the
17		fiscal year 2004 certified contribution amount determined
18		under this Section after taking into consideration the transfer
19		to the System under subsection (a) of Section 6z-61 of the
20		State Finance Act. These vouchers shall be paid by the State
21		Comptroller and Treasurer by warrants drawn on the funds
22		appropriated to the System for that fiscal year.
23		If in any month the amount remaining unexpended from all
24		other appropriations to the System for the applicable fiscal
25		year (including the appropriations to the System under Section
26		8.12 of the State Finance Act and Section 1 of the State

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1		Pension Funds Continuing Appropriation Act) is less than the
2		amount lawfully vouchered under this subsection, the
3		difference shall be paid from the Common School Fund under the
4		continuing appropriation authority provided in Section 1.1 of
5		the State Pension Funds Continuing Appropriation Act.
6		(b-2) Allocations from the Common School Fund apportioned
7		to school districts not coming under this System shall not be
8		diminished or affected by the provisions of this Article.
9		(b-3) For State fiscal years 2012 through 2045, the minimum
10		contribution to the System to be made by the State for each
11		fiscal year shall be an amount determined by the System to be
12		sufficient to bring the total assets of the System up to 90% of
13		the total actuarial liabilities of the System by the end of
14		State fiscal year 2045. In making these determinations, the
15		required State contribution shall be calculated each year as a
16		level percentage of payroll over the years remaining to and
17		including fiscal year 2045 and shall be determined under the
18		projected unit credit actuarial cost method.
19		For each of State fiscal years 2018, 2019, and 2020, the
20		State shall make an additional contribution to the System equal
21		to 2% of the total payroll of each employee who is deemed to
22		have elected the benefits under Section 1-161 or who has made
23		the election under subsection (c) of Section 1-161.
24		A change in an actuarial or investment assumption that
25		increases or decreases the required State contribution and
26		first applies in State fiscal year 2018 or thereafter shall be

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1		implemented in equal annual amounts over a 5-year period
2		beginning in the State fiscal year in which the actuarial
3		change first applies to the required State contribution.
4		A change in an actuarial or investment assumption that
5		increases or decreases the required State contribution and
6		first applied to the State contribution in fiscal year 2014,
7		2015, 2016, or 2017 shall be implemented:
8		(i) as already applied in State fiscal years before
9		2018; and
10		(ii) in the portion of the 5-year period beginning in
11		the State fiscal year in which the actuarial change first
12		applied that occurs in State fiscal year 2018 or
13		thereafter, by calculating the change in equal annual
14		amounts over that 5-year period and then implementing it at
15		the resulting annual rate in each of the remaining fiscal
16		years in that 5-year period.
17		For State fiscal years 1996 through 2005, the State
18		contribution to the System, as a percentage of the applicable
19		employee payroll, shall be increased in equal annual increments
20		so that by State fiscal year 2011, the State is contributing at
21		the rate required under this Section; except that in the
22		following specified State fiscal years, the State contribution
23		to the System shall not be less than the following indicated
24		percentages of the applicable employee payroll, even if the
25		indicated percentage will produce a State contribution in
26		excess of the amount otherwise required under this subsection

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1		and subsection (a), and notwithstanding any contrary
2		certification made under subsection (a-1) before May 27, 1998
3		(the effective date of Public Act 90-582): 10.02% in FY 1999;
4		10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86%
5		in FY 2003; and 13.56% in FY 2004.
6		Notwithstanding any other provision of this Article, the
7		total required State contribution for State fiscal year 2006 is
8		$534,627,700.
9		Notwithstanding any other provision of this Article, the
10		total required State contribution for State fiscal year 2007 is
11		$738,014,500.
12		For each of State fiscal years 2008 through 2009, the State
13		contribution to the System, as a percentage of the applicable
14		employee payroll, shall be increased in equal annual increments
15		from the required State contribution for State fiscal year
16		2007, so that by State fiscal year 2011, the State is
17		contributing at the rate otherwise required under this Section.
18		Notwithstanding any other provision of this Article, the
19		total required State contribution for State fiscal year 2010 is
20		$2,089,268,000 and shall be made from the proceeds of bonds
21		sold in fiscal year 2010 pursuant to Section 7.2 of the General
22		Obligation Bond Act, less (i) the pro rata share of bond sale
23		expenses determined by the System's share of total bond
24		proceeds, (ii) any amounts received from the Common School Fund
25		in fiscal year 2010, and (iii) any reduction in bond proceeds
26		due to the issuance of discounted bonds, if applicable.

SB1952 Engrossed - 27 - LRB101 10858 AXK 55998 b
1		Notwithstanding any other provision of this Article, the
2		total required State contribution for State fiscal year 2011 is
3		the amount recertified by the System on or before April 1, 2011
4		pursuant to subsection (a-1) of this Section and shall be made
5		from the proceeds of bonds sold in fiscal year 2011 pursuant to
6		Section 7.2 of the General Obligation Bond Act, less (i) the
7		pro rata share of bond sale expenses determined by the System's
8		share of total bond proceeds, (ii) any amounts received from
9		the Common School Fund in fiscal year 2011, and (iii) any
10		reduction in bond proceeds due to the issuance of discounted
11		bonds, if applicable. This amount shall include, in addition to
12		the amount certified by the System, an amount necessary to meet
13		employer contributions required by the State as an employer
14		under paragraph (e) of this Section, which may also be used by
15		the System for contributions required by paragraph (a) of
16		Section 16-127.
17		Beginning in State fiscal year 2046, the minimum State
18		contribution for each fiscal year shall be the amount needed to
19		maintain the total assets of the System at 90% of the total
20		actuarial liabilities of the System.
21		Amounts received by the System pursuant to Section 25 of
22		the Budget Stabilization Act or Section 8.12 of the State
23		Finance Act in any fiscal year do not reduce and do not
24		constitute payment of any portion of the minimum State
25		contribution required under this Article in that fiscal year.
26		Such amounts shall not reduce, and shall not be included in the

SB1952 Engrossed - 28 - LRB101 10858 AXK 55998 b
1		calculation of, the required State contributions under this
2		Article in any future year until the System has reached a
3		funding ratio of at least 90%. A reference in this Article to
4		the "required State contribution" or any substantially similar
5		term does not include or apply to any amounts payable to the
6		System under Section 25 of the Budget Stabilization Act.
7		Notwithstanding any other provision of this Section, the
8		required State contribution for State fiscal year 2005 and for
9		fiscal year 2008 and each fiscal year thereafter, as calculated
10		under this Section and certified under subsection (a-1), shall
11		not exceed an amount equal to (i) the amount of the required
12		State contribution that would have been calculated under this
13		Section for that fiscal year if the System had not received any
14		payments under subsection (d) of Section 7.2 of the General
15		Obligation Bond Act, minus (ii) the portion of the State's
16		total debt service payments for that fiscal year on the bonds
17		issued in fiscal year 2003 for the purposes of that Section
18		7.2, as determined and certified by the Comptroller, that is
19		the same as the System's portion of the total moneys
20		distributed under subsection (d) of Section 7.2 of the General
21		Obligation Bond Act. In determining this maximum for State
22		fiscal years 2008 through 2010, however, the amount referred to
23		in item (i) shall be increased, as a percentage of the
24		applicable employee payroll, in equal increments calculated
25		from the sum of the required State contribution for State
26		fiscal year 2007 plus the applicable portion of the State's

SB1952 Engrossed - 29 - LRB101 10858 AXK 55998 b
1		total debt service payments for fiscal year 2007 on the bonds
2		issued in fiscal year 2003 for the purposes of Section 7.2 of
3		the General Obligation Bond Act, so that, by State fiscal year
4		2011, the State is contributing at the rate otherwise required
5		under this Section.
6		(b-4) Beginning in fiscal year 2018, each employer under
7		this Article shall pay to the System a required contribution
8		determined as a percentage of projected payroll and sufficient
9		to produce an annual amount equal to:
10		(i) for each of fiscal years 2018, 2019, and 2020, the
11		defined benefit normal cost of the defined benefit plan,
12		less the employee contribution, for each employee of that
13		employer who has elected or who is deemed to have elected
14		the benefits under Section 1-161 or who has made the
15		election under subsection (b) of Section 1-161; for fiscal
16		year 2021 and each fiscal year thereafter, the defined
17		benefit normal cost of the defined benefit plan, less the
18		employee contribution, plus 2%, for each employee of that
19		employer who has elected or who is deemed to have elected
20		the benefits under Section 1-161 or who has made the
21		election under subsection (b) of Section 1-161; plus
22		(ii) the amount required for that fiscal year to
23		amortize any unfunded actuarial accrued liability
24		associated with the present value of liabilities
25		attributable to the employer's account under Section
26		16-158.3, determined as a level percentage of payroll over

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1		a 30-year rolling amortization period.
2		In determining contributions required under item (i) of
3		this subsection, the System shall determine an aggregate rate
4		for all employers, expressed as a percentage of projected
5		payroll.
6		In determining the contributions required under item (ii)
7		of this subsection, the amount shall be computed by the System
8		on the basis of the actuarial assumptions and tables used in
9		the most recent actuarial valuation of the System that is
10		available at the time of the computation.
11		The contributions required under this subsection (b-4)
12		shall be paid by an employer concurrently with that employer's
13		payroll payment period. The State, as the actual employer of an
14		employee, shall make the required contributions under this
15		subsection.
16		(c) Payment of the required State contributions and of all
17		pensions, retirement annuities, death benefits, refunds, and
18		other benefits granted under or assumed by this System, and all
19		expenses in connection with the administration and operation
20		thereof, are obligations of the State.
21		If members are paid from special trust or federal funds
22		which are administered by the employing unit, whether school
23		district or other unit, the employing unit shall pay to the
24		System from such funds the full accruing retirement costs based
25		upon that service, which, beginning July 1, 2017, shall be at a
26		rate, expressed as a percentage of salary, equal to the total

SB1952 Engrossed - 31 - LRB101 10858 AXK 55998 b
1		employer's normal cost, expressed as a percentage of payroll,
2		as determined by the System. Employer contributions, based on
3		salary paid to members from federal funds, may be forwarded by
4		the distributing agency of the State of Illinois to the System
5		prior to allocation, in an amount determined in accordance with
6		guidelines established by such agency and the System. Any
7		contribution for fiscal year 2015 collected as a result of the
8		change made by Public Act 98-674 shall be considered a State
9		contribution under subsection (b-3) of this Section.
10		(d) Effective July 1, 1986, any employer of a teacher as
11		defined in paragraph (8) of Section 16-106 shall pay the
12		employer's normal cost of benefits based upon the teacher's
13		service, in addition to employee contributions, as determined
14		by the System. Such employer contributions shall be forwarded
15		monthly in accordance with guidelines established by the
16		System.
17		However, with respect to benefits granted under Section
18		16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
19		of Section 16-106, the employer's contribution shall be 12%
20		(rather than 20%) of the member's highest annual salary rate
21		for each year of creditable service granted, and the employer
22		shall also pay the required employee contribution on behalf of
23		the teacher. For the purposes of Sections 16-133.4 and
24		16-133.5, a teacher as defined in paragraph (8) of Section
25		16-106 who is serving in that capacity while on leave of
26		absence from another employer under this Article shall not be

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1		considered an employee of the employer from which the teacher
2		is on leave.
3		(e) Beginning July 1, 1998, every employer of a teacher
4		shall pay to the System an employer contribution computed as
5		follows:
6		(1) Beginning July 1, 1998 through June 30, 1999, the
7		employer contribution shall be equal to 0.3% of each
8		teacher's salary.
9		(2) Beginning July 1, 1999 and thereafter, the employer
10		contribution shall be equal to 0.58% of each teacher's
11		salary.
12		The school district or other employing unit may pay these
13		employer contributions out of any source of funding available
14		for that purpose and shall forward the contributions to the
15		System on the schedule established for the payment of member
16		contributions.
17		These employer contributions are intended to offset a
18		portion of the cost to the System of the increases in
19		retirement benefits resulting from Public Act 90-582.
20		Each employer of teachers is entitled to a credit against
21		the contributions required under this subsection (e) with
22		respect to salaries paid to teachers for the period January 1,
23		2002 through June 30, 2003, equal to the amount paid by that
24		employer under subsection (a-5) of Section 6.6 of the State
25		Employees Group Insurance Act of 1971 with respect to salaries
26		paid to teachers for that period.

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1		The additional 1% employee contribution required under
2		Section 16-152 by Public Act 90-582 is the responsibility of
3		the teacher and not the teacher's employer, unless the employer
4		agrees, through collective bargaining or otherwise, to make the
5		contribution on behalf of the teacher.
6		If an employer is required by a contract in effect on May
7		1, 1998 between the employer and an employee organization to
8		pay, on behalf of all its full-time employees covered by this
9		Article, all mandatory employee contributions required under
10		this Article, then the employer shall be excused from paying
11		the employer contribution required under this subsection (e)
12		for the balance of the term of that contract. The employer and
13		the employee organization shall jointly certify to the System
14		the existence of the contractual requirement, in such form as
15		the System may prescribe. This exclusion shall cease upon the
16		termination, extension, or renewal of the contract at any time
17		after May 1, 1998.
18		(f) If For school years beginning on or after June 1, 2005
19		and before July 1, 2018 and for salary paid to a teacher under
20		a contract or collective bargaining agreement entered into,
21		amended, or renewed before the effective date ofthis amendatory
22		Act of the 100th General Assembly, if the amount of a teacher's
23		salary for any school year used to determine final average
24		salary exceeds the member's annual full-time salary rate with
25		the same employer for the previous school year by more than 6%,
26		the teacher's employer shall pay to the System, in addition to

SB1952 Engrossed - 34 - LRB101 10858 AXK 55998 b
1		all other payments required under this Section and in
2		accordance with guidelines established by the System, the
3		present value of the increase in benefits resulting from the
4		portion of the increase in salary that is in excess of 6%. This
5		present value shall be computed by the System on the basis of
6		the actuarial assumptions and tables used in the most recent
7		actuarial valuation of the System that is available at the time
8		of the computation. If a teacher's salary for the 2005-2006
9		school year is used to determine final average salary under
10		this subsection (f), then the changes made to this subsection
11		(f) by Public Act 94-1057 shall apply in calculating whether
12		the increase in his or her salary is in excess of 6%. For the
13		purposes of this Section, change in employment under Section
14		10-21.12 of the School Code on or after June 1, 2005 shall
15		constitute a change in employer. The System may require the
16		employer to provide any pertinent information or
17		documentation. The changes made to this subsection (f) by
18		Public Act 94-1111 apply without regard to whether the teacher
19		was in service on or after its effective date.
20		Whenever it determines that a payment is or may be required
21		under this subsection, the System shall calculate the amount of
22		the payment and bill the employer for that amount. The bill
23		shall specify the calculations used to determine the amount
24		due. If the employer disputes the amount of the bill, it may,
25		within 30 days after receipt of the bill, apply to the System
26		in writing for a recalculation. The application must specify in

SB1952 Engrossed - 35 - LRB101 10858 AXK 55998 b
1		detail the grounds of the dispute and, if the employer asserts
2		that the calculation is subject to subsection (g) or (h) of
3		this Section or that subsection (f-1) of this Section applies,
4		must include an affidavit setting forth and attesting to all
5		facts within the employer's knowledge that are pertinent to the
6		applicability of that subsection. Upon receiving a timely
7		application for recalculation, the System shall review the
8		application and, if appropriate, recalculate the amount due.
9		The employer contributions required under this subsection
10		(f) may be paid in the form of a lump sum within 90 days after
11		receipt of the bill. If the employer contributions are not paid
12		within 90 days after receipt of the bill, then interest will be
13		charged at a rate equal to the System's annual actuarially
14		assumed rate of return on investment compounded annually from
15		the 91st day after receipt of the bill. Payments must be
16		concluded within 3 years after the employer's receipt of the
17		bill.
18		(f-1) (Blank). For school years beginning on or after July
19		1, 2018 and for salary paid to a teacher under a contract or
20		collective bargaining agreement entered into, amended, or
21		renewed on or after the effective date of this amendatory Act
22		of the 100th General Assembly, if the amount of a teacher's
23		salary for any school year used to determine final average
24		salary exceeds the member's annual full-time salary rate with
25		the same employer for the previous school year by more than 3%,
26		then the teacher's employer shall pay to the System, in

SB1952 Engrossed - 36 - LRB101 10858 AXK 55998 b
1		addition to all other payments required under this Section and
2		in accordance with guidelines established by the System, the
3		present value of the increase in benefits resulting from the
4		portion of the increase in salary that is in excess of 3%. This
5		present value shall be computed by the System on the basis of
6		the actuarial assumptions and tables used in the most recent
7		actuarial valuation of the System that is available at the time
8		of the computation. The System may require the employer to
9		provide any pertinent information or documentation.
10		Whenever it determines that a payment is or may be required
11		under this subsection (f-1), the System shall calculate the
12		amount of the payment and bill the employer for that amount.
13		The bill shall specify the calculations used to determine the
14		amount due. If the employer disputes the amount of the bill, it
15		shall, within 30 days after receipt of the bill, apply to the
16		System in writing for a recalculation. The application must
17		specify in detail the grounds of the dispute and, if the
18		employer asserts that subsection (f) of this Section applies,
19		must include an affidavit setting forth and attesting to all
20		facts within the employer's knowledge that are pertinent to the
21		applicability of subsection (f). Upon receiving a timely
22		application for recalculation, the System shall review the
23		application and, if appropriate, recalculate the amount due.
24		The employer contributions required under this subsection
25		(f-1) may be paid in the form of a lump sum within 90 days after
26		receipt of the bill. If the employer contributions are not paid

SB1952 Engrossed - 37 - LRB101 10858 AXK 55998 b
1		within 90 days after receipt of the bill, then interest shall
2		be charged at a rate equal to the System's annual actuarially
3		assumed rate of return on investment compounded annually from
4		the 91st day after receipt of the bill. Payments must be
5		concluded within 3 years after the employer's receipt of the
6		bill.
7		(g) This subsection (g) applies only to payments made or
8		salary increases given on or after June 1, 2005 but before July
9		1, 2011. The changes made by Public Act 94-1057 shall not
10		require the System to refund any payments received before July
11		31, 2006 (the effective date of Public Act 94-1057).
12		When assessing payment for any amount due under subsection
13		(f), the System shall exclude salary increases paid to teachers
14		under contracts or collective bargaining agreements entered
15		into, amended, or renewed before June 1, 2005.
16		When assessing payment for any amount due under subsection
17		(f), the System shall exclude salary increases paid to a
18		teacher at a time when the teacher is 10 or more years from
19		retirement eligibility under Section 16-132 or 16-133.2.
20		When assessing payment for any amount due under subsection
21		(f), the System shall exclude salary increases resulting from
22		overload work, including summer school, when the school
23		district has certified to the System, and the System has
24		approved the certification, that (i) the overload work is for
25		the sole purpose of classroom instruction in excess of the
26		standard number of classes for a full-time teacher in a school

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1		district during a school year and (ii) the salary increases are
2		equal to or less than the rate of pay for classroom instruction
3		computed on the teacher's current salary and work schedule.
4		When assessing payment for any amount due under subsection
5		(f), the System shall exclude a salary increase resulting from
6		a promotion (i) for which the employee is required to hold a
7		certificate or supervisory endorsement issued by the State
8		Teacher Certification Board that is a different certification
9		or supervisory endorsement than is required for the teacher's
10		previous position and (ii) to a position that has existed and
11		been filled by a member for no less than one complete academic
12		year and the salary increase from the promotion is an increase
13		that results in an amount no greater than the lesser of the
14		average salary paid for other similar positions in the district
15		requiring the same certification or the amount stipulated in
16		the collective bargaining agreement for a similar position
17		requiring the same certification.
18		When assessing payment for any amount due under subsection
19		(f), the System shall exclude any payment to the teacher from
20		the State of Illinois or the State Board of Education over
21		which the employer does not have discretion, notwithstanding
22		that the payment is included in the computation of final
23		average salary.
24		(h) When assessing payment for any amount due under
25		subsection (f), the System shall exclude any salary increase
26		described in subsection (g) of this Section given on or after

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1		July 1, 2011 but before July 1, 2014 under a contract or
2		collective bargaining agreement entered into, amended, or
3		renewed on or after June 1, 2005 but before July 1, 2011.
4		Notwithstanding any other provision of this Section, any
5		payments made or salary increases given after June 30, 2014
6		shall be used in assessing payment for any amount due under
7		subsection (f) of this Section.
8		(i) The System shall prepare a report and file copies of
9		the report with the Governor and the General Assembly by
10		January 1, 2007 that contains all of the following information:
11		(1) The number of recalculations required by the
12		changes made to this Section by Public Act 94-1057 for each
13		employer.
14		(2) The dollar amount by which each employer's
15		contribution to the System was changed due to
16		recalculations required by Public Act 94-1057.
17		(3) The total amount the System received from each
18		employer as a result of the changes made to this Section by
19		Public Act 94-4.
20		(4) The increase in the required State contribution
21		resulting from the changes made to this Section by Public
22		Act 94-1057.
23		(i-5) For school years beginning on or after July 1, 2017,
24		if the amount of a participant's salary for any school year
25		exceeds the amount of the salary set for the Governor, the
26		participant's employer shall pay to the System, in addition to

SB1952 Engrossed - 40 - LRB101 10858 AXK 55998 b
1		all other payments required under this Section and in
2		accordance with guidelines established by the System, an amount
3		determined by the System to be equal to the employer normal
4		cost, as established by the System and expressed as a total
5		percentage of payroll, multiplied by the amount of salary in
6		excess of the amount of the salary set for the Governor. This
7		amount shall be computed by the System on the basis of the
8		actuarial assumptions and tables used in the most recent
9		actuarial valuation of the System that is available at the time
10		of the computation. The System may require the employer to
11		provide any pertinent information or documentation.
12		Whenever it determines that a payment is or may be required
13		under this subsection, the System shall calculate the amount of
14		the payment and bill the employer for that amount. The bill
15		shall specify the calculations used to determine the amount
16		due. If the employer disputes the amount of the bill, it may,
17		within 30 days after receipt of the bill, apply to the System
18		in writing for a recalculation. The application must specify in
19		detail the grounds of the dispute. Upon receiving a timely
20		application for recalculation, the System shall review the
21		application and, if appropriate, recalculate the amount due.
22		The employer contributions required under this subsection
23		may be paid in the form of a lump sum within 90 days after
24		receipt of the bill. If the employer contributions are not paid
25		within 90 days after receipt of the bill, then interest will be
26		charged at a rate equal to the System's annual actuarially

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1		assumed rate of return on investment compounded annually from
2		the 91st day after receipt of the bill. Payments must be
3		concluded within 3 years after the employer's receipt of the
4		bill.
5		(j) For purposes of determining the required State
6		contribution to the System, the value of the System's assets
7		shall be equal to the actuarial value of the System's assets,
8		which shall be calculated as follows:
9		As of June 30, 2008, the actuarial value of the System's
10		assets shall be equal to the market value of the assets as of
11		that date. In determining the actuarial value of the System's
12		assets for fiscal years after June 30, 2008, any actuarial
13		gains or losses from investment return incurred in a fiscal
14		year shall be recognized in equal annual amounts over the
15		5-year period following that fiscal year.
16		(k) For purposes of determining the required State
17		contribution to the system for a particular year, the actuarial
18		value of assets shall be assumed to earn a rate of return equal
19		to the system's actuarially assumed rate of return.
20		(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
21		100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.
22		8-14-18; revised 10-4-18.)
23		Section 10. The School Code is amended by changing Sections
24		21B-20, 21B-25, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and
25		by adding Section 24-8.5 as follows:

SB1952 Engrossed - 42 - LRB101 10858 AXK 55998 b
1		(105 ILCS 5/21B-20)
2		Sec. 21B-20. Types of licenses. The State Board of
3		Education shall implement a system of educator licensure,
4		whereby individuals employed in school districts who are
5		required to be licensed must have one of the following
6		licenses: (i) a professional educator license; (ii) an educator
7		license with stipulations; (iii) a substitute teaching
8		license; or (iv) until June 30, 2023, a short-term substitute
9		teaching license. References in law regarding individuals
10		certified or certificated or required to be certified or
11		certificated under Article 21 of this Code shall also include
12		individuals licensed or required to be licensed under this
13		Article. The first year of all licenses ends on June 30
14		following one full year of the license being issued.
15		The State Board of Education, in consultation with the
16		State Educator Preparation and Licensure Board, may adopt such
17		rules as may be necessary to govern the requirements for
18		licenses and endorsements under this Section.
19		(1) Professional Educator License. Persons who (i)
20		have successfully completed an approved educator
21		preparation program and are recommended for licensure by
22		the Illinois institution offering the educator preparation
23		program, (ii) have successfully completed the required
24		testing under Section 21B-30 of this Code, (iii) have
25		successfully completed coursework on the psychology of,

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1		the identification of, and the methods of instruction for
2		the exceptional child, including without limitation
3		children with learning disabilities, (iv) have
4		successfully completed coursework in methods of reading
5		and reading in the content area, and (v) have met all other
6		criteria established by rule of the State Board of
7		Education shall be issued a Professional Educator License.
8		All Professional Educator Licenses are valid until June 30
9		immediately following 5 years of the license being issued.
10		The Professional Educator License shall be endorsed with
11		specific areas and grade levels in which the individual is
12		eligible to practice. For an early childhood education
13		endorsement, an individual may satisfy the student
14		teaching requirement of his or her early childhood teacher
15		preparation program through placement in a setting with
16		children from birth through grade 2, and the individual may
17		be paid and receive credit while student teaching. The
18		student teaching experience must meet the requirements of
19		and be approved by the individual's early childhood teacher
20		preparation program.
21		Individuals can receive subsequent endorsements on the
22		Professional Educator License. Subsequent endorsements
23		shall require a minimum of 24 semester hours of coursework
24		in the endorsement area and passage of the applicable
25		content area test, unless otherwise specified by rule.
26		(2) Educator License with Stipulations. An Educator

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1		License with Stipulations shall be issued an endorsement
2		that limits the license holder to one particular position
3		or does not require completion of an approved educator
4		program or both.
5		An individual with an Educator License with
6		Stipulations must not be employed by a school district or
7		any other entity to replace any presently employed teacher
8		who otherwise would not be replaced for any reason.
9		An Educator License with Stipulations may be issued
10		with the following endorsements:
11		(A) (Blank). A A provisional educator endorsement
12		for a service member or a spouse of a service member is
13		valid until June 30 immediately following 3 years of
14		the license being issued, provided that any remaining
15		testing and coursework deficiencies are met under this
16		Section. In this Section, "spouse of a service member"
17		means any person who, at the time of application under
18		this Section, is the spouse of an active duty member of
19		the United States Armed Forces or any reserve component
20		of the United States Armed Forces or the National Guard
21		of any state, commonwealth, or territory of the United
22		States or the District of Columbia.
23		Except as otherwise provided under this
24		subparagraph, a
25		(B) Alternative provisional educator. An
26		alternative provisional educator endorsement on an

SB1952 Engrossed - 45 - LRB101 10858 AXK 55998 b
1		Educator License with Stipulations may be issued to an
2		applicant who, at the time of applying for the
3		endorsement, has done all of the following:
4		(i) Graduated from a regionally accredited
5		college or university with a minimum of a
6		bachelor's degree.
7		(ii) Successfully completed the first phase of
8		the Alternative Educator Licensure Program for
9		Teachers, as described in Section 21B-50 of this
10		Code.
11		(iii) Passed a test of basic skills and content
12		area test, as required under Section 21B-30 of this
13		Code.
14		The alternative provisional educator endorsement is
15		valid for 2 years of teaching and may be renewed for a
16		third year by an individual meeting the requirements set
17		forth in Section 21B-50 of this Code.
18		(C) Alternative provisional superintendent. An
19		alternative provisional superintendent endorsement on
20		an Educator License with Stipulations entitles the
21		holder to serve only as a superintendent or assistant
22		superintendent in a school district's central office.
23		This endorsement may only be issued to an applicant
24		who, at the time of applying for the endorsement, has
25		done all of the following:
26		(i) Graduated from a regionally accredited

SB1952 Engrossed - 46 - LRB101 10858 AXK 55998 b
1		college or university with a minimum of a master's
2		degree in a management field other than education.
3		(ii) Been employed for a period of at least 5
4		years in a management level position in a field
5		other than education.
6		(iii) Successfully completed the first phase
7		of an alternative route to superintendent
8		endorsement program, as provided in Section 21B-55
9		of this Code.
10		(iv) Passed a test of basic skills and content
11		area test tests required under Section 21B-30 of
12		this Code.
13		The endorsement is valid for 2 fiscal years in
14		order to complete one full year of serving as a
15		superintendent or assistant superintendent.
16		(D) (Blank).
17		(E) Career and technical educator. A career and
18		technical educator endorsement on an Educator License
19		with Stipulations may be issued to an applicant who has
20		a minimum of 60 semester hours of coursework from a
21		regionally accredited institution of higher education
22		or an accredited trade and technical institution and
23		has a minimum of 2,000 hours of experience outside of
24		education in each area to be taught.
25		The career and technical educator endorsement on
26		an Educator License with Stipulations is valid until

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1		June 30 immediately following 5 years of the
2		endorsement being issued and may be renewed. For
3		individuals who were issued the career and technical
4		educator endorsement on an Educator License with
5		Stipulations on or after January 1, 2015, the license
6		may be renewed if the individual passes a test of basic
7		skills or test of work proficiency, as required under
8		Section 21B-30 of this Code.
9		An individual who holds a valid career and
10		technical educator endorsement on an Educator License
11		with Stipulations but does not hold a bachelor's degree
12		may substitute teach in career and technical education
13		classrooms.
14		(F) Part-time provisional career and technical
15		educator or provisional career and technical educator.
16		A part-time provisional career and technical educator
17		endorsement or a provisional career and technical
18		educator endorsement on an Educator License with
19		Stipulations may be issued to an applicant who has a
20		minimum of 8,000 hours of work experience in the skill
21		for which the applicant is seeking the endorsement. It
22		is the responsibility of each employing school board
23		and regional office of education to provide
24		verification, in writing, to the State Superintendent
25		of Education at the time the application is submitted
26		that no qualified teacher holding a Professional

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1		Educator License or an Educator License with
2		Stipulations with a career and technical educator
3		endorsement is available and that actual circumstances
4		require such issuance.
5		The provisional career and technical educator
6		endorsement on an Educator License with Stipulations
7		is valid until June 30 immediately following 5 years of
8		the endorsement being issued and may be renewed for 5
9		years. For individuals who were issued the provisional
10		career and technical educator endorsement on an
11		Educator License with Stipulations on or after January
12		1, 2015, the license may be renewed if the individual
13		passes a test of basic skills or test of work
14		proficiency, as required under Section 21B-30 of this
15		Code.
16		A part-time provisional career and technical
17		educator endorsement on an Educator License with
18		Stipulations may be issued for teaching no more than 2
19		courses of study for grades 6 through 12. The part-time
20		provisional career and technical educator endorsement
21		on an Educator License with Stipulations is valid until
22		June 30 immediately following 5 years of the
23		endorsement being issued and may be renewed for 5 years
24		if the individual makes application for renewal.
25		An individual who holds a provisional or part-time
26		provisional career and technical educator endorsement

SB1952 Engrossed - 49 - LRB101 10858 AXK 55998 b
1		on an Educator License with Stipulations but does not
2		hold a bachelor's degree may substitute teach in career
3		and technical education classrooms.
4		(G) Transitional bilingual educator. A
5		transitional bilingual educator endorsement on an
6		Educator License with Stipulations may be issued for
7		the purpose of providing instruction in accordance
8		with Article 14C of this Code to an applicant who
9		provides satisfactory evidence that he or she meets all
10		of the following requirements:
11		(i) Possesses adequate speaking, reading, and
12		writing ability in the language other than English
13		in which transitional bilingual education is
14		offered.
15		(ii) Has the ability to successfully
16		communicate in English.
17		(iii) Either possessed, within 5 years
18		previous to his or her applying for a transitional
19		bilingual educator endorsement, a valid and
20		comparable teaching certificate or comparable
21		authorization issued by a foreign country or holds
22		a degree from an institution of higher learning in
23		a foreign country that the State Educator
24		Preparation and Licensure Board determines to be
25		the equivalent of a bachelor's degree from a
26		regionally accredited institution of higher

SB1952 Engrossed - 50 - LRB101 10858 AXK 55998 b
1		learning in the United States.
2		A transitional bilingual educator endorsement
3		shall be valid for prekindergarten through grade 12, is
4		valid until June 30 immediately following 5 years of
5		the endorsement being issued, and shall not be renewed.
6		Persons holding a transitional bilingual educator
7		endorsement shall not be employed to replace any
8		presently employed teacher who otherwise would not be
9		replaced for any reason.
10		(H) Language endorsement. In an effort to
11		alleviate the shortage of teachers speaking a language
12		other than English in the public schools, an individual
13		who holds an Educator License with Stipulations may
14		also apply for a language endorsement, provided that
15		the applicant provides satisfactory evidence that he
16		or she meets all of the following requirements:
17		(i) Holds a transitional bilingual
18		endorsement.
19		(ii) Has demonstrated proficiency in the
20		language for which the endorsement is to be issued
21		by passing the applicable language content test
22		required by the State Board of Education.
23		(iii) Holds a bachelor's degree or higher from
24		a regionally accredited institution of higher
25		education or, for individuals educated in a
26		country other than the United States, holds a

SB1952 Engrossed - 51 - LRB101 10858 AXK 55998 b
1		degree from an institution of higher learning in a
2		foreign country that the State Educator
3		Preparation and Licensure Board determines to be
4		the equivalent of a bachelor's degree from a
5		regionally accredited institution of higher
6		learning in the United States.
7		(iv) (Blank). Has passed a test of basic
8		skills, as required under Section 21B-30 of this
9		Code.
10		A language endorsement on an Educator License with
11		Stipulations is valid for prekindergarten through
12		grade 12 for the same validity period as the
13		individual's transitional bilingual educator
14		endorsement on the Educator License with Stipulations
15		and shall not be renewed.
16		(I) Visiting international educator. A visiting
17		international educator endorsement on an Educator
18		License with Stipulations may be issued to an
19		individual who is being recruited by a particular
20		school district that conducts formal recruitment
21		programs outside of the United States to secure the
22		services of qualified teachers and who meets all of the
23		following requirements:
24		(i) Holds the equivalent of a minimum of a
25		bachelor's degree issued in the United States.
26		(ii) Has been prepared as a teacher at the

SB1952 Engrossed - 52 - LRB101 10858 AXK 55998 b
1		grade level for which he or she will be employed.
2		(iii) Has adequate content knowledge in the
3		subject to be taught.
4		(iv) Has an adequate command of the English
5		language.
6		A holder of a visiting international educator
7		endorsement on an Educator License with Stipulations
8		shall be permitted to teach in bilingual education
9		programs in the language that was the medium of
10		instruction in his or her teacher preparation program,
11		provided that he or she passes the English Language
12		Proficiency Examination or another test of writing
13		skills in English identified by the State Board of
14		Education, in consultation with the State Educator
15		Preparation and Licensure Board.
16		A visiting international educator endorsement on
17		an Educator License with Stipulations is valid for 3
18		years and shall not be renewed.
19		(J) Paraprofessional educator. A paraprofessional
20		educator endorsement on an Educator License with
21		Stipulations may be issued to an applicant who holds a
22		high school diploma or its recognized equivalent and
23		either holds an associate's degree or a minimum of 60
24		semester hours of credit from a regionally accredited
25		institution of higher education or has passed a test of
26		basic skills required under Section 21B-30 of this

SB1952 Engrossed - 53 - LRB101 10858 AXK 55998 b
1		Code. The paraprofessional educator endorsement is
2		valid until June 30 immediately following 5 years of
3		the endorsement being issued and may be renewed through
4		application and payment of the appropriate fee, as
5		required under Section 21B-40 of this Code. An
6		individual who holds only a paraprofessional educator
7		endorsement is not subject to additional requirements
8		in order to renew the endorsement.
9		(K) Chief school business official. A chief school
10		business official endorsement on an Educator License
11		with Stipulations may be issued to an applicant who
12		qualifies by having a master's degree or higher, 2
13		years of full-time administrative experience in school
14		business management or 2 years of university-approved
15		practical experience, and a minimum of 24 semester
16		hours of graduate credit in a program approved by the
17		State Board of Education for the preparation of school
18		business administrators and by passage of the
19		applicable State tests, including an a test of basic
20		skills and applicable content area test.
21		The chief school business official endorsement may
22		also be affixed to the Educator License with
23		Stipulations of any holder who qualifies by having a
24		master's degree in business administration, finance,
25		accounting, or public administration and who completes
26		an additional 6 semester hours of internship in school

SB1952 Engrossed - 54 - LRB101 10858 AXK 55998 b
1		business management from a regionally accredited
2		institution of higher education and passes the
3		applicable State tests, including an a test of basic
4		skills and applicable content area test. This
5		endorsement shall be required for any individual
6		employed as a chief school business official.
7		The chief school business official endorsement on
8		an Educator License with Stipulations is valid until
9		June 30 immediately following 5 years of the
10		endorsement being issued and may be renewed if the
11		license holder completes renewal requirements as
12		required for individuals who hold a Professional
13		Educator License endorsed for chief school business
14		official under Section 21B-45 of this Code and such
15		rules as may be adopted by the State Board of
16		Education.
17		The State Board of Education shall adopt any rules
18		necessary to implement Public Act 100-288.
19		(L) Provisional in-state educator. A provisional
20		in-state educator endorsement on an Educator License
21		with Stipulations may be issued to a candidate who has
22		completed an Illinois-approved educator preparation
23		program at an Illinois institution of higher education
24		and who has not successfully completed an
25		evidence-based assessment of teacher effectiveness but
26		who meets all of the following requirements:

SB1952 Engrossed - 55 - LRB101 10858 AXK 55998 b
1		(i) Holds at least a bachelor's degree.
2		(ii) Has completed an approved educator
3		preparation program at an Illinois institution.
4		(iii) Has passed an a test of basic skills and
5		applicable content area test, as required by
6		Section 21B-30 of this Code.
7		(iv) Has attempted an evidence-based
8		assessment of teacher effectiveness and received a
9		minimum score on that assessment, as established
10		by the State Board of Education in consultation
11		with the State Educator Preparation and Licensure
12		Board.
13		A provisional in-state educator endorsement on an
14		Educator License with Stipulations is valid for one
15		full fiscal year after the date of issuance and may not
16		be renewed.
17		(M) School support personnel intern. A school
18		support personnel intern endorsement on an Educator
19		License with Stipulations may be issued as specified by
20		rule.
21		(N) Special education area. A special education
22		area endorsement on an Educator License with
23		Stipulations may be issued as defined and specified by
24		rule.
25		(3) Substitute Teaching License. A Substitute Teaching
26		License may be issued to qualified applicants for

SB1952 Engrossed - 56 - LRB101 10858 AXK 55998 b
1		substitute teaching in all grades of the public schools,
2		prekindergarten through grade 12. Substitute Teaching
3		Licenses are not eligible for endorsements. Applicants for
4		a Substitute Teaching License must hold a bachelor's degree
5		or higher from a regionally accredited institution of
6		higher education.
7		Substitute Teaching Licenses are valid for 5 years.
8		Substitute Teaching Licenses are valid for substitute
9		teaching in every county of this State. If an individual
10		has had his or her Professional Educator License or
11		Educator License with Stipulations suspended or revoked,
12		then that individual is not eligible to obtain a Substitute
13		Teaching License.
14		A substitute teacher may only teach in the place of a
15		licensed teacher who is under contract with the employing
16		board. If, however, there is no licensed teacher under
17		contract because of an emergency situation, then a district
18		may employ a substitute teacher for no longer than 30
19		calendar days per each vacant position in the district if
20		the district notifies the appropriate regional office of
21		education within 5 business days after the employment of
22		the substitute teacher in the emergency situation. An
23		emergency situation is one in which an unforeseen vacancy
24		has occurred and (i) a teacher is unable to fulfill his or
25		her contractual duties or (ii) teacher capacity needs of
26		the district exceed previous indications, and the district

SB1952 Engrossed - 57 - LRB101 10858 AXK 55998 b
1		is actively engaged in advertising to hire a fully licensed
2		teacher for the vacant position.
3		There is no limit on the number of days that a
4		substitute teacher may teach in a single school district,
5		provided that no substitute teacher may teach for longer
6		than 90 school days for any one licensed teacher under
7		contract in the same school year. A substitute teacher who
8		holds a Professional Educator License or Educator License
9		with Stipulations shall not teach for more than 120 school
10		days for any one licensed teacher under contract in the
11		same school year. The limitations in this paragraph (3) on
12		the number of days a substitute teacher may be employed do
13		not apply to any school district operating under Article 34
14		of this Code.
15		A school district may not require an individual who
16		holds a valid Professional Educator License or Educator
17		License with Stipulations to seek or hold a Substitute
18		Teaching License to teach as a substitute teacher.
19		(4) Short-Term Substitute Teaching License. Beginning
20		on July 1, 2018 and until June 30, 2023, the State Board of
21		Education may issue a Short-Term Substitute Teaching
22		License. A Short-Term Substitute Teaching License may be
23		issued to a qualified applicant for substitute teaching in
24		all grades of the public schools, prekindergarten through
25		grade 12. Short-Term Substitute Teaching Licenses are not
26		eligible for endorsements. Applicants for a Short-Term

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1		Substitute Teaching License must hold an associate's
2		degree or have completed at least 60 credit hours from a
3		regionally accredited institution of higher education.
4		Short-Term Substitute Teaching Licenses are valid for
5		substitute teaching in every county of this State. If an
6		individual has had his or her Professional Educator License
7		or Educator License with Stipulations suspended or
8		revoked, then that individual is not eligible to obtain a
9		Short-Term Substitute Teaching License.
10		The provisions of Sections 10-21.9 and 34-18.5 of this
11		Code apply to short-term substitute teachers.
12		An individual holding a Short-Term Substitute Teaching
13		License may teach no more than 5 consecutive days per
14		licensed teacher who is under contract. For teacher
15		absences lasting 6 or more days per licensed teacher who is
16		under contract, a school district may not hire an
17		individual holding a Short-Term Substitute Teaching
18		License. An individual holding a Short-Term Substitute
19		Teaching License must complete the training program under
20		Section 10-20.67 or 34-18.60 of this Code to be eligible to
21		teach at a public school. This paragraph (4) is inoperative
22		on and after July 1, 2023.
23		(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,
24		eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
25		eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
26		100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff.

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1		8-14-18; revised 10-1-18.)
2		(105 ILCS 5/21B-25)
3		Sec. 21B-25. Endorsement on licenses. All licenses issued
4		under paragraph (1) of Section 21B-20 of this Code shall be
5		specifically endorsed by the State Board of Education for each
6		content area, school support area, and administrative area for
7		which the holder of the license is qualified. Recognized
8		institutions approved to offer educator preparation programs
9		shall be trained to add endorsements to licenses issued to
10		applicants who meet all of the requirements for the endorsement
11		or endorsements, including passing any required tests. The
12		State Superintendent of Education shall randomly audit
13		institutions to ensure that all rules and standards are being
14		followed for entitlement or when endorsements are being
15		recommended.
16		(1) The State Board of Education, in consultation with
17		the State Educator Preparation and Licensure Board, shall
18		establish, by rule, the grade level and subject area
19		endorsements to be added to the Professional Educator
20		License. These rules shall outline the requirements for
21		obtaining each endorsement.
22		(2) In addition to any and all grade level and content
23		area endorsements developed by rule, the State Board of
24		Education, in consultation with the State Educator
25		Preparation and Licensure Board, shall develop the

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1		requirements for the following endorsements:
2		(A) (Blank).
3		(B) Principal endorsement. A principal endorsement
4		shall be affixed to a Professional Educator License of
5		any holder who qualifies by having all of the
6		following:
7		(i) Successful completion of a principal
8		preparation program approved in accordance with
9		Section 21B-60 of this Code and any applicable
10		rules.
11		(ii) At least 4 total years of teaching or 4
12		total years of working in the capacity of school
13		support personnel in an Illinois public school or
14		nonpublic school recognized by the State Board of
15		Education, in a school under the supervision of the
16		Department of Corrections, or in an out-of-state
17		public school or out-of-state nonpublic school
18		meeting out-of-state recognition standards
19		comparable to those approved by the State
20		Superintendent of Education; however, the State
21		Board of Education, in consultation with the State
22		Educator Preparation and Licensure Board, shall
23		allow, by rules, for fewer than 4 years of
24		experience based on meeting standards set forth in
25		such rules, including without limitation a review
26		of performance evaluations or other evidence of

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1		demonstrated qualifications.
2		(iii) A master's degree or higher from a
3		regionally accredited college or university.
4		(C) Chief school business official endorsement. A
5		chief school business official endorsement shall be
6		affixed to the Professional Educator License of any
7		holder who qualifies by having a master's degree or
8		higher, 2 years of full-time administrative experience
9		in school business management or 2 years of
10		university-approved practical experience, and a
11		minimum of 24 semester hours of graduate credit in a
12		program approved by the State Board of Education for
13		the preparation of school business administrators and
14		by passage of the applicable State tests. The chief
15		school business official endorsement may also be
16		affixed to the Professional Educator License of any
17		holder who qualifies by having a master's degree in
18		business administration, finance, accounting, or
19		public administration and who completes an additional
20		6 semester hours of internship in school business
21		management from a regionally accredited institution of
22		higher education and passes the applicable State
23		tests. This endorsement shall be required for any
24		individual employed as a chief school business
25		official.
26		(D) Superintendent endorsement. A superintendent

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1		endorsement shall be affixed to the Professional
2		Educator License of any holder who has completed a
3		program approved by the State Board of Education for
4		the preparation of superintendents of schools, has had
5		at least 2 years of experience employed full-time in a
6		general administrative position or as a full-time
7		principal, director of special education, or chief
8		school business official in the public schools or in a
9		State-recognized nonpublic school in which the chief
10		administrator is required to have the licensure
11		necessary to be a principal in a public school in this
12		State and where a majority of the teachers are required
13		to have the licensure necessary to be instructors in a
14		public school in this State, and has passed the
15		required State tests; or of any holder who has
16		completed a program that is not an Illinois-approved
17		educator preparation program at an Illinois
18		institution of higher education and that has
19		recognition standards comparable to those approved by
20		the State Superintendent of Education and holds the
21		general administrative, principal, or chief school
22		business official endorsement and who has had 2 years
23		of experience as a principal, director of special
24		education, or chief school business official while
25		holding a valid educator license or certificate
26		comparable in validity and educational and experience

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1		requirements and has passed the appropriate State
2		tests, as provided in Section 21B-30 of this Code. The
3		superintendent endorsement shall allow individuals to
4		serve only as a superintendent or assistant
5		superintendent.
6		(E) Teacher leader endorsement. It shall be the
7		policy of this State to improve the quality of
8		instructional leaders by providing a career pathway
9		for teachers interested in serving in leadership
10		roles, but not as principals. The State Board of
11		Education, in consultation with the State Educator
12		Preparation and Licensure Board, may issue a teacher
13		leader endorsement under this subdivision (E). Persons
14		who meet and successfully complete the requirements of
15		the endorsement shall be issued a teacher leader
16		endorsement on the Professional Educator License for
17		serving in schools in this State. Teacher leaders may
18		qualify to serve in such positions as department
19		chairs, coaches, mentors, curriculum and instruction
20		leaders, or other leadership positions as defined by
21		the district. The endorsement shall be available to
22		those teachers who (i) hold a Professional Educator
23		License, (ii) hold a master's degree or higher from a
24		regionally accredited institution, (iii) have
25		completed a program of study that has been approved by
26		the State Board of Education, in consultation with the

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1		State Educator Preparation and Licensure Board, and
2		(iv) have successfully demonstrated competencies as
3		defined by rule.
4		A teacher who meets the requirements set forth in
5		this Section and holds a teacher leader endorsement may
6		evaluate teachers pursuant to Section 24A-5 of this
7		Code, provided that the individual has completed the
8		evaluation component required by Section 24A-3 of this
9		Code and a teacher leader is allowed to evaluate
10		personnel under the respective school district's
11		collective bargaining agreement.
12		The State Board of Education, in consultation with
13		the State Educator Preparation and Licensure Board,
14		may adopt such rules as may be necessary to establish
15		and implement the teacher leader endorsement program
16		and to specify the positions for which this endorsement
17		shall be required.
18		(F) Special education endorsement. A special
19		education endorsement in one or more areas shall be
20		affixed to a Professional Educator License for any
21		individual that meets those requirements established
22		by the State Board of Education in rules. Special
23		education endorsement areas shall include without
24		limitation the following:
25		(i) Learning Behavior Specialist I;
26		(ii) Learning Behavior Specialist II;

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1		(iii) Speech Language Pathologist;
2		(iv) Blind or Visually Impaired;
3		(v) Deaf-Hard of Hearing;
4		(vi) Early Childhood Special Education; and
5		(vii) Director of Special Education.
6		Notwithstanding anything in this Code to the contrary,
7		the State Board of Education, in consultation with the
8		State Educator Preparation and Licensure Board, may
9		add additional areas of special education by rule.
10		(G) School support personnel endorsement. School
11		support personnel endorsement areas shall include, but
12		are not limited to, school counselor, marriage and
13		family therapist, school psychologist, school speech
14		and language pathologist, school nurse, and school
15		social worker. This endorsement is for individuals who
16		are not teachers or administrators, but still require
17		licensure to work in an instructional support position
18		in a public or State-operated elementary school,
19		secondary school, or cooperative or joint agreement
20		with a governing body or board of control or a charter
21		school operating in compliance with the Charter
22		Schools Law. The school support personnel endorsement
23		shall be affixed to the Professional Educator License
24		and shall meet all of the requirements established in
25		any rules adopted to implement this subdivision (G).
26		The holder of such an endorsement is entitled to all of

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1		the rights and privileges granted holders of any other
2		Professional Educator License, including teacher
3		benefits, compensation, and working conditions.
4		(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16;
5		99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.
6		8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780,
7		eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)
8		(105 ILCS 5/21B-30)
9		Sec. 21B-30. Educator testing.
10		(a) This Section applies beginning on July 1, 2012.
11		(b) The State Board of Education, in consultation with the
12		State Educator Preparation and Licensure Board, shall design
13		and implement a system of examinations, which shall be required
14		prior to the issuance of educator licenses. These examinations
15		and indicators must be based on national and State professional
16		teaching standards, as determined by the State Board of
17		Education, in consultation with the State Educator Preparation
18		and Licensure Board. The State Board of Education may adopt
19		such rules as may be necessary to implement and administer this
20		Section.
21		(c) (Blank). Except as otherwise provided in this Article,
22		applicants seeking a Professional Educator License or an
23		Educator License with Stipulations shall be required to pass a
24		test of basic skills before the license is issued, unless the
25		endorsement the individual is seeking does not require passage

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1		of the test. All applicants completing Illinois-approved,
2		teacher education or school service personnel preparation
3		programs shall be required to pass the State Board of
4		Education's recognized test of basic skills prior to starting
5		their student teaching or starting the final semester of their
6		internship. An institution of higher learning, as defined in
7		the Higher Education Student Assistance Act, may not require an
8		applicant to complete the State Board's recognized test of
9		basic skills prior to the semester before student teaching or
10		prior to the semester before starting the final semester of an
11		internship. An individual who passes a test of basic skills
12		does not need to do so again for subsequent endorsements or
13		other educator licenses.
14		(d) All applicants seeking a State license shall be
15		required to pass a test of content area knowledge for each area
16		of endorsement for which there is an applicable test. There
17		shall be no exception to this requirement. No candidate shall
18		be allowed to student teach or serve as the teacher of record
19		until he or she has passed the applicable content area test.
20		(e) (Blank).
21		(f) Except as otherwise provided in this Article, beginning
22		on September 1, 2015, all candidates completing teacher
23		preparation programs in this State and all candidates subject
24		to Section 21B-35 of this Code are required to pass a teacher
25		performance assessment approved by the State Board of
26		Education, in consultation with the State Educator Preparation

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1		and Licensure Board. Subject to appropriation, an individual
2		who holds a Professional Educator License and is employed for a
3		minimum of one school year by a school district designated as
4		Tier 1 under Section 18-8.15 may, after application to the
5		State Board, receive from the State Board a refund for any
6		costs associated with completing the teacher performance
7		assessment under this subsection.
8		(g) The Tests of basic skills and content area knowledge
9		test and the teacher performance assessment shall be the tests
10		that from time to time are designated by the State Board of
11		Education, in consultation with the State Educator Preparation
12		and Licensure Board, and may be tests prepared by an
13		educational testing organization or tests designed by the State
14		Board of Education, in consultation with the State Educator
15		Preparation and Licensure Board. The areas to be covered by a
16		test of basic skills shall include reading, language arts, and
17		mathematics. The test of content area knowledge shall assess
18		content knowledge in a specific subject field. The tests must
19		be designed to be racially neutral to ensure that no person
20		taking the tests is discriminated against on the basis of race,
21		color, national origin, or other factors unrelated to the
22		person's ability to perform as a licensed employee. The score
23		required to pass the tests shall be fixed by the State Board of
24		Education, in consultation with the State Educator Preparation
25		and Licensure Board. The tests shall be administered not fewer
26		than 3 times a year at such time and place as may be designated

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1		by the State Board of Education, in consultation with the State
2		Educator Preparation and Licensure Board.
3		The State Board shall implement a test or tests to assess
4		the speaking, reading, writing, and grammar skills of
5		applicants for an endorsement or a license issued under
6		subdivision (G) of paragraph (2) of Section 21B-20 of this Code
7		in the English language and in the language of the transitional
8		bilingual education program requested by the applicant.
9		(h) Except as provided in Section 34-6 of this Code, the
10		provisions of this Section shall apply equally in any school
11		district subject to Article 34 of this Code.
12		(i) The rules developed to implement and enforce the
13		testing requirements under this Section shall include without
14		limitation provisions governing test selection, test
15		validation and determination of a passing score,
16		administration of the tests, frequency of administration,
17		applicant fees, frequency of applicants taking the tests, the
18		years for which a score is valid, and appropriate special
19		accommodations. The State Board of Education shall develop such
20		rules as may be needed to ensure uniformity from year to year
21		in the level of difficulty for each form of an assessment.
22		(Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16;
23		99-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff.
24		8-14-18; 100-932, eff. 8-17-18; revised 10-1-18.)
25		(105 ILCS 5/21B-35)

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1		Sec. 21B-35. Minimum requirements for educators trained in
2		other states or countries.
3		(a) Any applicant who has not been entitled by an
4		Illinois-approved educator preparation program at an Illinois
5		institution of higher education applying for a Professional
6		Educator License endorsed in a teaching field or school support
7		personnel area must meet the following requirements:
8		(1) the applicant must:
9		(A) hold a comparable and valid educator license or
10		certificate, as defined by rule, with similar grade
11		level and content area credentials from another state,
12		with the State Board of Education having the authority
13		to determine what constitutes similar grade level and
14		content area credentials from another state; and
15		(B) have a bachelor's degree from a regionally
16		accredited institution of higher education; or
17		(2) the applicant must:
18		(A) have completed a state-approved program for
19		the licensure area sought, including coursework
20		concerning methods of instruction of the exceptional
21		child, methods of reading and reading in the content
22		area, and instructional strategies for English
23		learners;
24		(B) have a bachelor's degree from a regionally
25		accredited institution of higher education;
26		(C) have successfully met all Illinois examination

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1		requirements, except that:
2		(i) (blank); an applicant who has successfully
3		completed a test of basic skills, as defined by
4		rules, at the time of initial licensure in another
5		state is not required to complete a test of basic
6		skills;
7		(ii) an applicant who has successfully
8		completed a test of content, as defined by rules,
9		at the time of initial licensure in another state
10		is not required to complete a test of content; and
11		(iii) an applicant for a teaching endorsement
12		who has successfully completed an evidence-based
13		assessment of teacher effectiveness, as defined by
14		rules, at the time of initial licensure in another
15		state is not required to complete an
16		evidence-based assessment of teacher
17		effectiveness; and
18		(D) for an applicant for a teaching endorsement,
19		have completed student teaching or an equivalent
20		experience or, for an applicant for a school service
21		personnel endorsement, have completed an internship or
22		an equivalent experience.
23		(b) In order to receive a Professional Educator License
24		endorsed in a teaching field or school support personnel area,
25		applicants trained in another country must meet all of the
26		following requirements:

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1		(1) Have completed a comparable education program in
2		another country.
3		(2) Have had transcripts evaluated by an evaluation
4		service approved by the State Superintendent of Education.
5		(3) Have a degree comparable to a degree from a
6		regionally accredited institution of higher education.
7		(4) Have completed coursework aligned to standards
8		concerning methods of instruction of the exceptional
9		child, methods of reading and reading in the content area,
10		and instructional strategies for English learners.
11		(5) (Blank).
12		(6) (Blank).
13		(7) Have successfully met all State licensure
14		examination requirements. Applicants who have successfully
15		completed a test of basic skills, as defined by rules, at
16		the time of initial licensure in another country shall not
17		be required to complete a test of basic skills. Applicants
18		who have successfully completed a test of content, as
19		defined by rules, at the time of initial licensure in
20		another country shall not be required to complete a test of
21		content. Applicants for a teaching endorsement who have
22		successfully completed an evidence-based assessment of
23		teacher effectiveness, as defined by rules, at the time of
24		initial licensure in another country shall not be required
25		to complete an evidence-based assessment of teacher
26		effectiveness.

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1		(8) Have completed student teaching or an equivalent
2		experience.
3		(b-5) All applicants who have not been entitled by an
4		Illinois-approved educator preparation program at an Illinois
5		institution of higher education and applicants trained in
6		another country applying for a Professional Educator License
7		endorsed for principal or superintendent must hold a master's
8		degree from a regionally accredited institution of higher
9		education and must hold a comparable and valid educator license
10		or certificate with similar grade level and subject matter
11		credentials, with the State Board of Education having the
12		authority to determine what constitutes similar grade level and
13		subject matter credentials from another state, or must meet all
14		of the following requirements:
15		(1) Have completed an educator preparation program
16		approved by another state or comparable educator program in
17		another country leading to the receipt of a license or
18		certificate for the Illinois endorsement sought.
19		(2) Have successfully met all State licensure
20		examination requirements, as required by Section 21B-30 of
21		this Code. Applicants who have successfully completed a
22		test of basic skills, as defined by rules, at the time of
23		initial licensure in another state or country shall not be
24		required to complete a test of basic skills. Applicants who
25		have successfully completed a test of content, as defined
26		by rules, at the time of initial licensure in another state

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1		or country shall not be required to complete a test of
2		content.
3		(2.5) Have completed an internship, as defined by rule.
4		(3) (Blank).
5		(4) Have completed coursework aligned to standards
6		concerning methods of instruction of the exceptional
7		child, methods of reading and reading in the content area,
8		and instructional strategies for English learners.
9		(5) Have completed a master's degree.
10		(6) Have successfully completed teaching, school
11		support, or administrative experience as defined by rule.
12		(b-7) All applicants who have not been entitled by an
13		Illinois-approved educator preparation program at an Illinois
14		institution of higher education applying for a Professional
15		Educator License endorsed for Director of Special Education
16		must hold a master's degree from a regionally accredited
17		institution of higher education and must hold a comparable and
18		valid educator license or certificate with similar grade level
19		and subject matter credentials, with the State Board of
20		Education having the authority to determine what constitutes
21		similar grade level and subject matter credentials from another
22		state, or must meet all of the following requirements:
23		(1) Have completed a master's degree.
24		(2) Have 2 years of full-time experience providing
25		special education services.
26		(3) Have successfully completed all examination

SB1952 Engrossed - 75 - LRB101 10858 AXK 55998 b
1		requirements, as required by Section 21B-30 of this Code.
2		Applicants who have successfully completed a test of
3		content, as identified by rules, at the time of initial
4		licensure in another state or country shall not be required
5		to complete a test of content.
6		(4) Have completed coursework aligned to standards
7		concerning methods of instruction of the exceptional
8		child, methods of reading and reading in the content area,
9		and instructional strategies for English learners.
10		(b-10) All applicants who have not been entitled by an
11		Illinois-approved educator preparation program at an Illinois
12		institution of higher education applying for a Professional
13		Educator License endorsed for chief school business official
14		must hold a master's degree from a regionally accredited
15		institution of higher education and must hold a comparable and
16		valid educator license or certificate with similar grade level
17		and subject matter credentials, with the State Board of
18		Education having the authority to determine what constitutes
19		similar grade level and subject matter credentials from another
20		state, or must meet all of the following requirements:
21		(1) Have completed a master's degree in school business
22		management, finance, or accounting.
23		(2) Have successfully completed an internship in
24		school business management or have 2 years of experience as
25		a school business administrator.
26		(3) Have successfully met all State examination

SB1952 Engrossed - 76 - LRB101 10858 AXK 55998 b
1		requirements, as required by Section 21B-30 of this Code.
2		Applicants who have successfully completed a test of
3		content, as identified by rules, at the time of initial
4		licensure in another state or country shall not be required
5		to complete a test of content.
6		(4) Have completed modules aligned to standards
7		concerning methods of instruction of the exceptional
8		child, methods of reading and reading in the content area,
9		and instructional strategies for English learners.
10		(c) The State Board of Education, in consultation with the
11		State Educator Preparation and Licensure Board, may adopt such
12		rules as may be necessary to implement this Section.
13		(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 100-13,
14		eff. 7-1-17; 100-584, eff. 4-6-18; 100-596, eff. 7-1-18.)
15		(105 ILCS 5/21B-50)
16		Sec. 21B-50. Alternative educator licensure program.
17		(a) There is established an alternative educator licensure
18		program, to be known as the Alternative Educator Licensure
19		Program for Teachers.
20		(b) The Alternative Educator Licensure Program for
21		Teachers may be offered by a recognized institution approved to
22		offer educator preparation programs by the State Board of
23		Education, in consultation with the State Educator Preparation
24		and Licensure Board.
25		The program shall be comprised of 4 phases:

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1		(1) A course of study that at a minimum includes
2		instructional planning; instructional strategies,
3		including special education, reading, and English language
4		learning; classroom management; and the assessment of
5		students and use of data to drive instruction.
6		(2) A year of residency, which is a candidate's
7		assignment to a full-time teaching position or as a
8		co-teacher for one full school year. An individual must
9		hold an Educator License with Stipulations with an
10		alternative provisional educator endorsement in order to
11		enter the residency and must complete additional program
12		requirements that address required State and national
13		standards, pass the assessment of professional teaching
14		before entering the second residency year, as required
15		under phase (3) of this subsection (b), and be recommended
16		by the principal or qualified equivalent of a principal, as
17		required under subsection (d) of this Section, and the
18		program coordinator to continue with the second year of the
19		residency.
20		(3) A second year of residency, which shall include the
21		candidate's assignment to a full-time teaching position
22		for one school year. The candidate must be assigned an
23		experienced teacher to act as a mentor and coach the
24		candidate through the second year of residency.
25		(4) A comprehensive assessment of the candidate's
26		teaching effectiveness, as evaluated by the principal or

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1		qualified equivalent of a principal, as required under
2		subsection (d) of this Section, and the program
3		coordinator, at the end of the second year of residency. If
4		there is disagreement between the 2 evaluators about the
5		candidate's teaching effectiveness, the candidate may
6		complete one additional year of residency teaching under a
7		professional development plan developed by the principal
8		or qualified equivalent and the preparation program. At the
9		completion of the third year, a candidate must have
10		positive evaluations and a recommendation for full
11		licensure from both the principal or qualified equivalent
12		and the program coordinator or no Professional Educator
13		License shall be issued.
14		Successful completion of the program shall be deemed to
15		satisfy any other practice or student teaching and content
16		matter requirements established by law.
17		(c) An alternative provisional educator endorsement on an
18		Educator License with Stipulations is valid for 2 years of
19		teaching in the public schools, including without limitation a
20		preschool educational program under Section 2-3.71 of this Code
21		or charter school, or in a State-recognized nonpublic school in
22		which the chief administrator is required to have the licensure
23		necessary to be a principal in a public school in this State
24		and in which a majority of the teachers are required to have
25		the licensure necessary to be instructors in a public school in
26		this State, but may be renewed for a third year if needed to

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1		complete the Alternative Educator Licensure Program for
2		Teachers. The endorsement shall be issued only once to an
3		individual who meets all of the following requirements:
4		(1) Has graduated from a regionally accredited college
5		or university with a bachelor's degree or higher.
6		(2) Has a cumulative grade point average of 3.0 or
7		greater on a 4.0 scale or its equivalent on another scale.
8		(3) Has completed a major in the content area if
9		seeking a middle or secondary level endorsement or, if
10		seeking an early childhood, elementary, or special
11		education endorsement, has completed a major in the content
12		area of reading, English/language arts, mathematics, or
13		one of the sciences. If the individual does not have a
14		major in a content area for any level of teaching, he or
15		she must submit transcripts to the State Board of Education
16		to be reviewed for equivalency.
17		(4) Has successfully completed phase (1) of subsection
18		(b) of this Section.
19		(5) Has passed a test of basic skills and content area
20		test required for the specific endorsement for admission
21		into the program, as required under Section 21B-30 of this
22		Code.
23		A candidate possessing the alternative provisional
24		educator endorsement may receive a salary, benefits, and any
25		other terms of employment offered to teachers in the school who
26		are members of an exclusive bargaining representative, if any,

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1		but a school is not required to provide these benefits during
2		the years of residency if the candidate is serving only as a
3		co-teacher. If the candidate is serving as the teacher of
4		record, the candidate must receive a salary, benefits, and any
5		other terms of employment. Residency experiences must not be
6		counted towards tenure.
7		(d) The recognized institution offering the Alternative
8		Educator Licensure Program for Teachers must partner with a
9		school district, including without limitation a preschool
10		educational program under Section 2-3.71 of this Code or
11		charter school, or a State-recognized, nonpublic school in this
12		State in which the chief administrator is required to have the
13		licensure necessary to be a principal in a public school in
14		this State and in which a majority of the teachers are required
15		to have the licensure necessary to be instructors in a public
16		school in this State. A recognized institution that partners
17		with a public school district administering a preschool
18		educational program under Section 2-3.71 of this Code must
19		require a principal to recommend or evaluate candidates in the
20		program. A recognized institution that partners with an
21		eligible entity administering a preschool educational program
22		under Section 2-3.71 of this Code and that is not a public
23		school district must require a principal or qualified
24		equivalent of a principal to recommend or evaluate candidates
25		in the program. The program presented for approval by the State
26		Board of Education must demonstrate the supports that are to be

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1		provided to assist the provisional teacher during the 2-year
2		residency period. These supports must provide additional
3		contact hours with mentors during the first year of residency.
4		(e) Upon completion of the 4 phases outlined in subsection
5		(b) of this Section and all assessments required under Section
6		21B-30 of this Code, an individual shall receive a Professional
7		Educator License.
8		(f) The State Board of Education, in consultation with the
9		State Educator Preparation and Licensure Board, may adopt such
10		rules as may be necessary to establish and implement the
11		Alternative Educator Licensure Program for Teachers.
12		(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
13		100-822, eff. 1-1-19.)
14		(105 ILCS 5/21B-55)
15		Sec. 21B-55. Alternative route to superintendent
16		endorsement.
17		(a) The State Board of Education, in consultation with the
18		State Educator Preparation and Licensure Board, may approve
19		programs designed to provide an alternative route to
20		superintendent endorsement on a Professional Educator License.
21		(b) Entities offering an alternative route to
22		superintendent endorsement program must have the program
23		approved by the State Board of Education, in consultation with
24		the State Educator Preparation and Licensure Board.
25		(c) All programs approved under this Section shall be

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1		comprised of the following 3 phases:
2		(1) A course of study offered on an intensive basis in
3		education management, governance, organization, and
4		instructional and district planning.
5		(2) The person's assignment to a full-time position for
6		one school year as a superintendent.
7		(3) A comprehensive assessment of the person's
8		performance by school officials and a recommendation to the
9		State Board of Education that the person be issued a
10		superintendent endorsement on a Professional Educator
11		License.
12		(d) In order to serve as a superintendent under phase (2)
13		of subsection (c) of this Section, an individual must be issued
14		an alternative provisional superintendent endorsement on an
15		Educator License with Stipulations, to be valid for only one
16		year of serving as a superintendent. In order to receive the
17		provisional alternative superintendent endorsement under this
18		Section, an individual must meet all of the following
19		requirements:
20		(1) Have graduated from a regionally accredited
21		college or university with a minimum of a master's degree
22		in a management field.
23		(2) Have been employed for a period of at least 5 years
24		in a management level position other than education.
25		(3) Have successfully completed phase (1) of
26		subsection (c) of this Section.

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1		(4) Have passed a test of basic skills and a content
2		area test for admission into the program, as required by
3		Section 21B-30 of this Code.
4		(e) Successful completion of an alternative route to
5		superintendent endorsement program shall be deemed to satisfy
6		any other supervisory, administrative, or management
7		experience requirements established by law, and, once
8		completed, an individual shall be eligible for a superintendent
9		endorsement on a Professional Educator License.
10		(f) The State Board of Education, in consultation with the
11		State Educator Preparation and Licensure Board, may adopt such
12		rules as may be needed to establish and implement these
13		alternative route to superintendent endorsement programs.
14		(Source: P.A. 100-596, eff. 7-1-18.)
15		(105 ILCS 5/24-8.5 new)
16		Sec. 24-8.5. Student teacher; salary. Each school district
17		may provide a salary to a student teacher employed by the
18		district. A school district may fix the amount of salary to pay
19		a student teacher under this Section.
20		(105 ILCS 5/27A-10)
21		Sec. 27A-10. Employees.
22		(a) A person shall be deemed to be employed by a charter
23		school unless a collective bargaining agreement or the charter
24		school contract otherwise provides.

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1		(b) In all school districts, including special charter
2		districts and districts located in cities having a population
3		exceeding 500,000, the local school board shall determine by
4		policy or by negotiated agreement, if one exists, the
5		employment status of any school district employees who are
6		employed by a charter school and who seek to return to
7		employment in the public schools of the district. Each local
8		school board shall grant, for a period of up to 5 years, a
9		leave of absence to those of its teachers who accept employment
10		with a charter school. At the end of the authorized leave of
11		absence, the teacher must return to the school district or
12		resign; provided, however, that if the teacher chooses to
13		return to the school district, the teacher must be assigned to
14		a position which requires the teacher's certification and legal
15		qualifications. The contractual continued service status and
16		retirement benefits of a teacher of the district who is granted
17		a leave of absence to accept employment with a charter school
18		shall not be affected by that leave of absence.
19		(c) Charter schools shall employ in instructional
20		positions, as defined in the charter, individuals who are
21		certificated under Article 21 of this Code or who possess the
22		following qualifications:
23		(i) graduated with a bachelor's degree from an
24		accredited institution of higher learning;
25		(ii) been employed for a period of at least 5 years in
26		an area requiring application of the individual's

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1		education;
2		(iii) (blank); and passed the tests of basic skills and
3		subject matter knowledge required by Section 21-1a of the
4		School Code; and
5		(iv) demonstrate continuing evidence of professional
6		growth which shall include, but not be limited to,
7		successful teaching experience, attendance at professional
8		meetings, membership in professional organizations,
9		additional credits earned at institutions of higher
10		learning, travel specifically for educational purposes,
11		and reading of professional books and periodicals.
12		(c-5) Charter schools employing individuals without
13		certification in instructional positions shall provide such
14		mentoring, training, and staff development for those
15		individuals as the charter schools determine necessary for
16		satisfactory performance in the classroom.
17		At least 50% of the individuals employed in instructional
18		positions by a charter school that is operating in a city
19		having a population exceeding 500,000 and that is established
20		on or after April 16, 2003 shall hold teaching certificates
21		issued under Article 21 of this Code.
22		At least 75% of the individuals employed in instructional
23		positions by a charter school that is operating in a city
24		having a population exceeding 500,000 and that was established
25		before April 16, 2003 shall hold teaching certificates issued
26		under Article 21 of this Code.

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1		(c-10) Notwithstanding any provision in subsection (c-5)
2		to the contrary, in any charter school established before the
3		effective date of this amendatory Act of the 96th General
4		Assembly, at least 75% of the individuals employed in
5		instructional positions by the charter school shall hold
6		teaching certificates issued under Article 21 of this Code
7		beginning with the 2012-2013 school year. In any charter school
8		established after the effective date of this amendatory Act of
9		the 96th General Assembly, at least 75% of the individuals
10		employed in instructional positions by a charter school shall
11		hold teaching certificates issued under Article 21 of this Code
12		by the beginning of the fourth school year during which a
13		student is enrolled in the charter school. Charter schools may
14		employ non-certificated staff in all other positions.
15		(c-15) Charter schools are exempt from any annual cap on
16		new participants in an alternative certification program. The
17		second and third phases of the alternative certification
18		program may be conducted and completed at the charter school,
19		and the alternative teaching certificate is valid for 4 years
20		or the length of the charter (or any extension of the charter),
21		whichever is longer.
22		(d) A teacher at a charter school may resign his or her
23		position only if the teacher gives notice of resignation to the
24		charter school's governing body at least 60 days before the end
25		of the school term, and the resignation must take effect
26		immediately upon the end of the school term.

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1		(Source: P.A. 96-105, eff. 7-30-09.)
2		Section 99. Effective date. This Act takes effect upon
3		becoming law.