Sen. Andy Manar

Filed: 4/5/2019

 

 


 

 


 
10100SB1952sam001LRB101 10858 AXK 58788 a

1
AMENDMENT TO SENATE BILL 1952

2    AMENDMENT NO. ______. Amend Senate Bill 1952 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing 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
9appropriations of amounts which, together with the other
10employer contributions from trust, federal, and other funds,
11employee contributions, income from investments, and other
12income of this System, will be sufficient to meet the cost of
13maintaining and administering the System on a 90% funded basis
14in accordance with actuarial recommendations.
15    The Board shall determine the amount of State contributions
16required for each fiscal year on the basis of the actuarial

 

 

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1tables and other assumptions adopted by the Board and the
2recommendations of the actuary, using the formula in subsection
3(a-1).
4    (a-1) For State fiscal years 2012 through 2045, the minimum
5contribution to the System to be made by the State for each
6fiscal year shall be an amount determined by the System to be
7sufficient to bring the total assets of the System up to 90% of
8the total actuarial liabilities of the System by the end of
9State fiscal year 2045. In making these determinations, the
10required State contribution shall be calculated each year as a
11level percentage of payroll over the years remaining to and
12including fiscal year 2045 and shall be determined under the
13projected unit credit actuarial cost method.
14    For each of State fiscal years 2018, 2019, and 2020, the
15State shall make an additional contribution to the System equal
16to 2% of the total payroll of each employee who is deemed to
17have elected the benefits under Section 1-161 or who has made
18the election under subsection (c) of Section 1-161.
19    A change in an actuarial or investment assumption that
20increases or decreases the required State contribution and
21first applies in State fiscal year 2018 or thereafter shall be
22implemented in equal annual amounts over a 5-year period
23beginning in the State fiscal year in which the actuarial
24change first applies to the required State contribution.
25    A change in an actuarial or investment assumption that
26increases or decreases the required State contribution and

 

 

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1first applied to the State contribution in fiscal year 2014,
22015, 2016, or 2017 shall be implemented:
3        (i) as already applied in State fiscal years before
4    2018; and
5        (ii) in the portion of the 5-year period beginning in
6    the State fiscal year in which the actuarial change first
7    applied that occurs in State fiscal year 2018 or
8    thereafter, by calculating the change in equal annual
9    amounts over that 5-year period and then implementing it at
10    the resulting annual rate in each of the remaining fiscal
11    years in that 5-year period.
12    For State fiscal years 1996 through 2005, the State
13contribution to the System, as a percentage of the applicable
14employee payroll, shall be increased in equal annual increments
15so that by State fiscal year 2011, the State is contributing at
16the rate required under this Section.
17    Notwithstanding any other provision of this Article, the
18total required State contribution for State fiscal year 2006 is
19$166,641,900.
20    Notwithstanding any other provision of this Article, the
21total required State contribution for State fiscal year 2007 is
22$252,064,100.
23    For each of State fiscal years 2008 through 2009, the State
24contribution to the System, as a percentage of the applicable
25employee payroll, shall be increased in equal annual increments
26from the required State contribution for State fiscal year

 

 

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12007, so that by State fiscal year 2011, the State is
2contributing at the rate otherwise required under this Section.
3    Notwithstanding any other provision of this Article, the
4total required State contribution for State fiscal year 2010 is
5$702,514,000 and shall be made from the State Pensions Fund and
6proceeds of bonds sold in fiscal year 2010 pursuant to Section
77.2 of the General Obligation Bond Act, less (i) the pro rata
8share of bond sale expenses determined by the System's share of
9total bond proceeds, (ii) any amounts received from the General
10Revenue Fund in fiscal year 2010, (iii) any reduction in bond
11proceeds due to the issuance of discounted bonds, if
12applicable.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2011 is
15the amount recertified by the System on or before April 1, 2011
16pursuant to Section 15-165 and shall be made from the State
17Pensions Fund and proceeds of bonds sold in fiscal year 2011
18pursuant to Section 7.2 of the General Obligation Bond Act,
19less (i) the pro rata share of bond sale expenses determined by
20the System's share of total bond proceeds, (ii) any amounts
21received from the General Revenue Fund in fiscal year 2011, and
22(iii) any reduction in bond proceeds due to the issuance of
23discounted bonds, if applicable.
24    Beginning in State fiscal year 2046, the minimum State
25contribution for each fiscal year shall be the amount needed to
26maintain the total assets of the System at 90% of the total

 

 

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1actuarial liabilities of the System.
2    Amounts received by the System pursuant to Section 25 of
3the Budget Stabilization Act or Section 8.12 of the State
4Finance Act in any fiscal year do not reduce and do not
5constitute payment of any portion of the minimum State
6contribution required under this Article in that fiscal year.
7Such amounts shall not reduce, and shall not be included in the
8calculation of, the required State contributions under this
9Article in any future year until the System has reached a
10funding ratio of at least 90%. A reference in this Article to
11the "required State contribution" or any substantially similar
12term does not include or apply to any amounts payable to the
13System under Section 25 of the Budget Stabilization Act.
14    Notwithstanding any other provision of this Section, the
15required State contribution for State fiscal year 2005 and for
16fiscal year 2008 and each fiscal year thereafter, as calculated
17under this Section and certified under Section 15-165, shall
18not exceed an amount equal to (i) the amount of the required
19State contribution that would have been calculated under this
20Section for that fiscal year if the System had not received any
21payments under subsection (d) of Section 7.2 of the General
22Obligation Bond Act, minus (ii) the portion of the State's
23total debt service payments for that fiscal year on the bonds
24issued in fiscal year 2003 for the purposes of that Section
257.2, as determined and certified by the Comptroller, that is
26the same as the System's portion of the total moneys

 

 

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1distributed under subsection (d) of Section 7.2 of the General
2Obligation Bond Act. In determining this maximum for State
3fiscal years 2008 through 2010, however, the amount referred to
4in item (i) shall be increased, as a percentage of the
5applicable employee payroll, in equal increments calculated
6from the sum of the required State contribution for State
7fiscal year 2007 plus the applicable portion of the State's
8total debt service payments for fiscal year 2007 on the bonds
9issued in fiscal year 2003 for the purposes of Section 7.2 of
10the General Obligation Bond Act, so that, by State fiscal year
112011, the State is contributing at the rate otherwise required
12under this Section.
13    (a-2) Beginning in fiscal year 2018, each employer under
14this Article shall pay to the System a required contribution
15determined as a percentage of projected payroll and sufficient
16to produce an annual amount equal to:
17        (i) for each of fiscal years 2018, 2019, and 2020, the
18    defined benefit normal cost of the defined benefit plan,
19    less the employee contribution, for each employee of that
20    employer who has elected or who is deemed to have elected
21    the benefits under Section 1-161 or who has made the
22    election under subsection (c) of Section 1-161; for fiscal
23    year 2021 and each fiscal year thereafter, the defined
24    benefit normal cost of the defined benefit plan, less the
25    employee contribution, plus 2%, for each employee of that
26    employer who has elected or who is deemed to have elected

 

 

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1    the benefits under Section 1-161 or who has made the
2    election under subsection (c) of Section 1-161; plus
3        (ii) the amount required for that fiscal year to
4    amortize any unfunded actuarial accrued liability
5    associated with the present value of liabilities
6    attributable to the employer's account under Section
7    15-155.2, determined as a level percentage of payroll over
8    a 30-year rolling amortization period.
9    In determining contributions required under item (i) of
10this subsection, the System shall determine an aggregate rate
11for all employers, expressed as a percentage of projected
12payroll.
13    In determining the contributions required under item (ii)
14of this subsection, the amount shall be computed by the System
15on the basis of the actuarial assumptions and tables used in
16the most recent actuarial valuation of the System that is
17available at the time of the computation.
18    The contributions required under this subsection (a-2)
19shall be paid by an employer concurrently with that employer's
20payroll payment period. The State, as the actual employer of an
21employee, shall make the required contributions under this
22subsection.
23    As used in this subsection, "academic year" means the
2412-month period beginning September 1.
25    (b) If an employee is paid from trust or federal funds, the
26employer shall pay to the Board contributions from those funds

 

 

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1which are sufficient to cover the accruing normal costs on
2behalf of the employee. However, universities having employees
3who are compensated out of local auxiliary funds, income funds,
4or service enterprise funds are not required to pay such
5contributions on behalf of those employees. The local auxiliary
6funds, income funds, and service enterprise funds of
7universities shall not be considered trust funds for the
8purpose of this Article, but funds of alumni associations,
9foundations, and athletic associations which are affiliated
10with the universities included as employers under this Article
11and other employers which do not receive State appropriations
12are considered to be trust funds for the purpose of this
13Article.
14    (b-1) The City of Urbana and the City of Champaign shall
15each make employer contributions to this System for their
16respective firefighter employees who participate in this
17System pursuant to subsection (h) of Section 15-107. The rate
18of contributions to be made by those municipalities shall be
19determined annually by the Board on the basis of the actuarial
20assumptions adopted by the Board and the recommendations of the
21actuary, and shall be expressed as a percentage of salary for
22each such employee. The Board shall certify the rate to the
23affected municipalities as soon as may be practical. The
24employer contributions required under this subsection shall be
25remitted by the municipality to the System at the same time and
26in the same manner as employee contributions.

 

 

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1    (c) Through State fiscal year 1995: The total employer
2contribution shall be apportioned among the various funds of
3the State and other employers, whether trust, federal, or other
4funds, in accordance with actuarial procedures approved by the
5Board. State of Illinois contributions for employers receiving
6State appropriations for personal services shall be payable
7from appropriations made to the employers or to the System. The
8contributions for Class I community colleges covering earnings
9other than those paid from trust and federal funds, shall be
10payable solely from appropriations to the Illinois Community
11College Board or the System for employer contributions.
12    (d) Beginning in State fiscal year 1996, the required State
13contributions to the System shall be appropriated directly to
14the System and shall be payable through vouchers issued in
15accordance with subsection (c) of Section 15-165, except as
16provided in subsection (g).
17    (e) The State Comptroller shall draw warrants payable to
18the System upon proper certification by the System or by the
19employer in accordance with the appropriation laws and this
20Code.
21    (f) Normal costs under this Section means liability for
22pensions and other benefits which accrues to the System because
23of the credits earned for service rendered by the participants
24during the fiscal year and expenses of administering the
25System, but shall not include the principal of or any
26redemption premium or interest on any bonds issued by the Board

 

 

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1or any expenses incurred or deposits required in connection
2therewith.
3    (g) If For academic years beginning on or after June 1,
42005 and before July 1, 2018 and for earnings paid to a
5participant under a contract or collective bargaining
6agreement entered into, amended, or renewed before the
7effective date of this amendatory Act of the 100th General
8Assembly, if the amount of a participant's earnings for any
9academic year used to determine the final rate of earnings,
10determined on a full-time equivalent basis, exceeds the amount
11of his or her earnings with the same employer for the previous
12academic year, determined on a full-time equivalent basis, by
13more than 6%, the participant's employer shall pay to the
14System, in addition to all other payments required under this
15Section and in accordance with guidelines established by the
16System, the present value of the increase in benefits resulting
17from the portion of the increase in earnings that is in excess
18of 6%. This present value shall be computed by the System on
19the basis of the actuarial assumptions and tables used in the
20most recent actuarial valuation of the System that is available
21at the time of the computation. The System may require the
22employer to provide any pertinent information or
23documentation.
24    Whenever it determines that a payment is or may be required
25under this subsection (g), the System shall calculate the
26amount of the payment and bill the employer for that amount.

 

 

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

 

 

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1involuntary furlough occurring on or after July 1, 2015 and on
2or before June 30, 2017 or (ii) periods of voluntary pay
3reduction in lieu of furlough occurring on or after July 1,
42015 and on or before June 30, 2017. Determining earnings that
5would have been paid to a participant had the participant not
6taken periods of voluntary or involuntary furlough or periods
7of voluntary pay reduction shall be the responsibility of the
8employer, and shall be reported in a manner prescribed by the
9System.
10    This subsection (g) does not apply to (1) Tier 2 hybrid
11plan members and (2) Tier 2 defined benefit members who first
12participate under this Article on or after the implementation
13date of the Optional Hybrid Plan.
14    (g-1) (Blank). For academic years beginning on or after
15July 1, 2018 and for earnings paid to a participant under a
16contract or collective bargaining agreement entered into,
17amended, or renewed on or after the effective date of this
18amendatory Act of the 100th General Assembly, if the amount of
19a participant's earnings for any academic year used to
20determine the final rate of earnings, determined on a full-time
21equivalent basis, exceeds the amount of his or her earnings
22with the same employer for the previous academic year,
23determined on a full-time equivalent basis, by more than 3%,
24then the participant's employer shall pay to the System, in
25addition to all other payments required under this Section and
26in accordance with guidelines established by the System, the

 

 

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

 

 

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1assumed rate of return on investment compounded annually from
2the 91st day after receipt of the bill. Payments must be
3concluded within 3 years after the employer's receipt of the
4bill.
5    This subsection (g-1) does not apply to (1) Tier 2 hybrid
6plan members and (2) Tier 2 defined benefit members who first
7participate under this Article on or after the implementation
8date of the Optional Hybrid Plan.
9    (h) This subsection (h) applies only to payments made or
10salary increases given on or after June 1, 2005 but before July
111, 2011. The changes made by Public Act 94-1057 shall not
12require the System to refund any payments received before July
1331, 2006 (the effective date of Public Act 94-1057).
14    When assessing payment for any amount due under subsection
15(g), the System shall exclude earnings increases paid to
16participants under contracts or collective bargaining
17agreements entered into, amended, or renewed before June 1,
182005.
19    When assessing payment for any amount due under subsection
20(g), the System shall exclude earnings increases paid to a
21participant at a time when the participant is 10 or more years
22from retirement eligibility under Section 15-135.
23    When assessing payment for any amount due under subsection
24(g), the System shall exclude earnings increases resulting from
25overload work, including a contract for summer teaching, or
26overtime when the employer has certified to the System, and the

 

 

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1System has approved the certification, that: (i) in the case of
2overloads (A) the overload work is for the sole purpose of
3academic instruction in excess of the standard number of
4instruction hours for a full-time employee occurring during the
5academic year that the overload is paid and (B) the earnings
6increases are equal to or less than the rate of pay for
7academic instruction computed using the participant's current
8salary rate and work schedule; and (ii) in the case of
9overtime, the overtime was necessary for the educational
10mission.
11    When assessing payment for any amount due under subsection
12(g), the System shall exclude any earnings increase resulting
13from (i) a promotion for which the employee moves from one
14classification to a higher classification under the State
15Universities Civil Service System, (ii) a promotion in academic
16rank for a tenured or tenure-track faculty position, or (iii) a
17promotion that the Illinois Community College Board has
18recommended in accordance with subsection (k) of this Section.
19These earnings increases shall be excluded only if the
20promotion is to a position that has existed and been filled by
21a member for no less than one complete academic year and the
22earnings increase as a result of the promotion is an increase
23that results in an amount no greater than the average salary
24paid for other similar positions.
25    (i) When assessing payment for any amount due under
26subsection (g), the System shall exclude any salary increase

 

 

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1described in subsection (h) of this Section given on or after
2July 1, 2011 but before July 1, 2014 under a contract or
3collective bargaining agreement entered into, amended, or
4renewed on or after June 1, 2005 but before July 1, 2011.
5Notwithstanding any other provision of this Section, any
6payments made or salary increases given after June 30, 2014
7shall be used in assessing payment for any amount due under
8subsection (g) of this Section.
9    (j) The System shall prepare a report and file copies of
10the report with the Governor and the General Assembly by
11January 1, 2007 that contains all of the following information:
12        (1) The number of recalculations required by the
13    changes made to this Section by Public Act 94-1057 for each
14    employer.
15        (2) The dollar amount by which each employer's
16    contribution to the System was changed due to
17    recalculations required by Public Act 94-1057.
18        (3) The total amount the System received from each
19    employer as a result of the changes made to this Section by
20    Public Act 94-4.
21        (4) The increase in the required State contribution
22    resulting from the changes made to this Section by Public
23    Act 94-1057.
24    (j-5) For State fiscal years beginning on or after July 1,
252017, if the amount of a participant's earnings for any State
26fiscal year exceeds the amount of the salary set by law for the

 

 

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1Governor that is in effect on July 1 of that fiscal year, the
2participant's employer shall pay to the System, in addition to
3all other payments required under this Section and in
4accordance with guidelines established by the System, an amount
5determined by the System to be equal to the employer normal
6cost, as established by the System and expressed as a total
7percentage of payroll, multiplied by the amount of earnings in
8excess of the amount of the salary set by law for the Governor.
9This amount shall be computed by the System on the basis of the
10actuarial assumptions and tables used in the most recent
11actuarial valuation of the System that is available at the time
12of the computation. The System may require the employer to
13provide any pertinent information or documentation.
14    Whenever it determines that a payment is or may be required
15under this subsection, the System shall calculate the amount of
16the payment and bill the employer for that amount. The bill
17shall specify the calculation used to determine the amount due.
18If the employer disputes the amount of the bill, it may, within
1930 days after receipt of the bill, apply to the System in
20writing for a recalculation. The application must specify in
21detail the grounds of the dispute. Upon receiving a timely
22application for recalculation, the System shall review the
23application and, if appropriate, recalculate the amount due.
24    The employer contributions required under this subsection
25may be paid in the form of a lump sum within 90 days after
26issuance of the bill. If the employer contributions are not

 

 

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1paid within 90 days after issuance of the bill, then interest
2will be charged at a rate equal to the System's annual
3actuarially assumed rate of return on investment compounded
4annually from the 91st day after issuance of the bill. All
5payments must be received within 3 years after issuance of the
6bill. If the employer fails to make complete payment, including
7applicable interest, within 3 years, then the System may, after
8giving notice to the employer, certify the delinquent amount to
9the State Comptroller, and the Comptroller shall thereupon
10deduct the certified delinquent amount from State funds payable
11to the employer and pay them instead to the System.
12    This subsection (j-5) does not apply to a participant's
13earnings to the extent an employer pays the employer normal
14cost of such earnings.
15    The changes made to this subsection (j-5) by Public Act
16100-624 this amendatory Act of the 100th General Assembly are
17intended to apply retroactively to July 6, 2017 (the effective
18date of Public Act 100-23).
19    (k) The Illinois Community College Board shall adopt rules
20for recommending lists of promotional positions submitted to
21the Board by community colleges and for reviewing the
22promotional lists on an annual basis. When recommending
23promotional lists, the Board shall consider the similarity of
24the positions submitted to those positions recognized for State
25universities by the State Universities Civil Service System.
26The Illinois Community College Board shall file a copy of its

 

 

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1findings with the System. The System shall consider the
2findings of the Illinois Community College Board when making
3determinations under this Section. The System shall not exclude
4any earnings increases resulting from a promotion when the
5promotion was not submitted by a community college. Nothing in
6this subsection (k) shall require any community college to
7submit any information to the Community College Board.
8    (l) For purposes of determining the required State
9contribution to the System, the value of the System's assets
10shall be equal to the actuarial value of the System's assets,
11which shall be calculated as follows:
12    As of June 30, 2008, the actuarial value of the System's
13assets shall be equal to the market value of the assets as of
14that date. In determining the actuarial value of the System's
15assets for fiscal years after June 30, 2008, any actuarial
16gains or losses from investment return incurred in a fiscal
17year shall be recognized in equal annual amounts over the
185-year period following that fiscal year.
19    (m) For purposes of determining the required State
20contribution to the system for a particular year, the actuarial
21value of assets shall be assumed to earn a rate of return equal
22to the system's actuarially assumed rate of return.
23(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17;
24100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
 
25    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)

 

 

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1    Sec. 16-158. Contributions by State and other employing
2units.
3    (a) The State shall make contributions to the System by
4means of appropriations from the Common School Fund and other
5State funds of amounts which, together with other employer
6contributions, employee contributions, investment income, and
7other income, will be sufficient to meet the cost of
8maintaining and administering the System on a 90% funded basis
9in accordance with actuarial recommendations.
10    The Board shall determine the amount of State contributions
11required for each fiscal year on the basis of the actuarial
12tables and other assumptions adopted by the Board and the
13recommendations of the actuary, using the formula in subsection
14(b-3).
15    (a-1) Annually, on or before November 15 until November 15,
162011, the Board shall certify to the Governor the amount of the
17required State contribution for the coming fiscal year. The
18certification under this subsection (a-1) shall include a copy
19of the actuarial recommendations upon which it is based and
20shall specifically identify the System's projected State
21normal cost for that fiscal year.
22    On or before May 1, 2004, the Board shall recalculate and
23recertify to the Governor the amount of the required State
24contribution to the System for State fiscal year 2005, taking
25into account the amounts appropriated to and received by the
26System under subsection (d) of Section 7.2 of the General

 

 

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1Obligation Bond Act.
2    On or before July 1, 2005, the Board shall recalculate and
3recertify to the Governor the amount of the required State
4contribution to the System for State fiscal year 2006, taking
5into account the changes in required State contributions made
6by Public Act 94-4.
7    On or before April 1, 2011, the Board shall recalculate and
8recertify to the Governor the amount of the required State
9contribution to the System for State fiscal year 2011, applying
10the changes made by Public Act 96-889 to the System's assets
11and liabilities as of June 30, 2009 as though Public Act 96-889
12was approved on that date.
13    (a-5) On or before November 1 of each year, beginning
14November 1, 2012, the Board shall submit to the State Actuary,
15the Governor, and the General Assembly a proposed certification
16of the amount of the required State contribution to the System
17for the next fiscal year, along with all of the actuarial
18assumptions, calculations, and data upon which that proposed
19certification is based. On or before January 1 of each year,
20beginning January 1, 2013, the State Actuary shall issue a
21preliminary report concerning the proposed certification and
22identifying, if necessary, recommended changes in actuarial
23assumptions that the Board must consider before finalizing its
24certification of the required State contributions. On or before
25January 15, 2013 and each January 15 thereafter, the Board
26shall certify to the Governor and the General Assembly the

 

 

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1amount of the required State contribution for the next fiscal
2year. The Board's certification must note any deviations from
3the State Actuary's recommended changes, the reason or reasons
4for not following the State Actuary's recommended changes, and
5the fiscal impact of not following the State Actuary's
6recommended changes on the required State contribution.
7    (a-10) By November 1, 2017, the Board shall recalculate and
8recertify to the State Actuary, the Governor, and the General
9Assembly the amount of the State contribution to the System for
10State fiscal year 2018, taking into account the changes in
11required State contributions made by Public Act 100-23. The
12State Actuary shall review the assumptions and valuations
13underlying the Board's revised certification and issue a
14preliminary report concerning the proposed recertification and
15identifying, if necessary, recommended changes in actuarial
16assumptions that the Board must consider before finalizing its
17certification of the required State contributions. The Board's
18final certification must note any deviations from the State
19Actuary's recommended changes, the reason or reasons for not
20following the State Actuary's recommended changes, and the
21fiscal impact of not following the State Actuary's recommended
22changes on the required State contribution.
23    (a-15) On or after June 15, 2019, but no later than June
2430, 2019, the Board shall recalculate and recertify to the
25Governor and the General Assembly the amount of the State
26contribution to the System for State fiscal year 2019, taking

 

 

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1into account the changes in required State contributions made
2by Public Act 100-587 this amendatory Act of the 100th General
3Assembly. The recalculation shall be made using assumptions
4adopted by the Board for the original fiscal year 2019
5certification. The monthly voucher for the 12th month of fiscal
6year 2019 shall be paid by the Comptroller after the
7recertification required pursuant to this subsection is
8submitted to the Governor, Comptroller, and General Assembly.
9The recertification submitted to the General Assembly shall be
10filed with the Clerk of the House of Representatives and the
11Secretary of the Senate in electronic form only, in the manner
12that the Clerk and the Secretary shall direct.
13    (b) Through State fiscal year 1995, the State contributions
14shall be paid to the System in accordance with Section 18-7 of
15the School Code.
16    (b-1) Beginning in State fiscal year 1996, on the 15th day
17of each month, or as soon thereafter as may be practicable, the
18Board shall submit vouchers for payment of State contributions
19to the System, in a total monthly amount of one-twelfth of the
20required annual State contribution certified under subsection
21(a-1). From March 5, 2004 (the effective date of Public Act
2293-665) through June 30, 2004, the Board shall not submit
23vouchers for the remainder of fiscal year 2004 in excess of the
24fiscal year 2004 certified contribution amount determined
25under this Section after taking into consideration the transfer
26to the System under subsection (a) of Section 6z-61 of the

 

 

10100SB1952sam001- 24 -LRB101 10858 AXK 58788 a

1State Finance Act. These vouchers shall be paid by the State
2Comptroller and Treasurer by warrants drawn on the funds
3appropriated to the System for that fiscal year.
4    If in any month the amount remaining unexpended from all
5other appropriations to the System for the applicable fiscal
6year (including the appropriations to the System under Section
78.12 of the State Finance Act and Section 1 of the State
8Pension Funds Continuing Appropriation Act) is less than the
9amount lawfully vouchered under this subsection, the
10difference shall be paid from the Common School Fund under the
11continuing appropriation authority provided in Section 1.1 of
12the State Pension Funds Continuing Appropriation Act.
13    (b-2) Allocations from the Common School Fund apportioned
14to school districts not coming under this System shall not be
15diminished or affected by the provisions of this Article.
16    (b-3) For State fiscal years 2012 through 2045, the minimum
17contribution to the System to be made by the State for each
18fiscal year shall be an amount determined by the System to be
19sufficient to bring the total assets of the System up to 90% of
20the total actuarial liabilities of the System by the end of
21State fiscal year 2045. In making these determinations, the
22required State contribution shall be calculated each year as a
23level percentage of payroll over the years remaining to and
24including fiscal year 2045 and shall be determined under the
25projected unit credit actuarial cost method.
26    For each of State fiscal years 2018, 2019, and 2020, the

 

 

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1State shall make an additional contribution to the System equal
2to 2% of the total payroll of each employee who is deemed to
3have elected the benefits under Section 1-161 or who has made
4the election under subsection (c) of Section 1-161.
5    A change in an actuarial or investment assumption that
6increases or decreases the required State contribution and
7first applies in State fiscal year 2018 or thereafter shall be
8implemented in equal annual amounts over a 5-year period
9beginning in the State fiscal year in which the actuarial
10change first applies to the required State contribution.
11    A change in an actuarial or investment assumption that
12increases or decreases the required State contribution and
13first applied to the State contribution in fiscal year 2014,
142015, 2016, or 2017 shall be implemented:
15        (i) as already applied in State fiscal years before
16    2018; and
17        (ii) in the portion of the 5-year period beginning in
18    the State fiscal year in which the actuarial change first
19    applied that occurs in State fiscal year 2018 or
20    thereafter, by calculating the change in equal annual
21    amounts over that 5-year period and then implementing it at
22    the resulting annual rate in each of the remaining fiscal
23    years in that 5-year period.
24    For State fiscal years 1996 through 2005, the State
25contribution to the System, as a percentage of the applicable
26employee payroll, shall be increased in equal annual increments

 

 

10100SB1952sam001- 26 -LRB101 10858 AXK 58788 a

1so that by State fiscal year 2011, the State is contributing at
2the rate required under this Section; except that in the
3following specified State fiscal years, the State contribution
4to the System shall not be less than the following indicated
5percentages of the applicable employee payroll, even if the
6indicated percentage will produce a State contribution in
7excess of the amount otherwise required under this subsection
8and subsection (a), and notwithstanding any contrary
9certification made under subsection (a-1) before May 27, 1998
10(the effective date of Public Act 90-582): 10.02% in FY 1999;
1110.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86%
12in FY 2003; and 13.56% in FY 2004.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2006 is
15$534,627,700.
16    Notwithstanding any other provision of this Article, the
17total required State contribution for State fiscal year 2007 is
18$738,014,500.
19    For each of State fiscal years 2008 through 2009, the State
20contribution to the System, as a percentage of the applicable
21employee payroll, shall be increased in equal annual increments
22from the required State contribution for State fiscal year
232007, so that by State fiscal year 2011, the State is
24contributing at the rate otherwise required under this Section.
25    Notwithstanding any other provision of this Article, the
26total required State contribution for State fiscal year 2010 is

 

 

10100SB1952sam001- 27 -LRB101 10858 AXK 58788 a

1$2,089,268,000 and shall be made from the proceeds of bonds
2sold in fiscal year 2010 pursuant to Section 7.2 of the General
3Obligation Bond Act, less (i) the pro rata share of bond sale
4expenses determined by the System's share of total bond
5proceeds, (ii) any amounts received from the Common School Fund
6in fiscal year 2010, and (iii) any reduction in bond proceeds
7due to the issuance of discounted bonds, if applicable.
8    Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2011 is
10the amount recertified by the System on or before April 1, 2011
11pursuant to subsection (a-1) of this Section and shall be made
12from the proceeds of bonds sold in fiscal year 2011 pursuant to
13Section 7.2 of the General Obligation Bond Act, less (i) the
14pro rata share of bond sale expenses determined by the System's
15share of total bond proceeds, (ii) any amounts received from
16the Common School Fund in fiscal year 2011, and (iii) any
17reduction in bond proceeds due to the issuance of discounted
18bonds, if applicable. This amount shall include, in addition to
19the amount certified by the System, an amount necessary to meet
20employer contributions required by the State as an employer
21under paragraph (e) of this Section, which may also be used by
22the System for contributions required by paragraph (a) of
23Section 16-127.
24    Beginning in State fiscal year 2046, the minimum State
25contribution for each fiscal year shall be the amount needed to
26maintain the total assets of the System at 90% of the total

 

 

10100SB1952sam001- 28 -LRB101 10858 AXK 58788 a

1actuarial liabilities of the System.
2    Amounts received by the System pursuant to Section 25 of
3the Budget Stabilization Act or Section 8.12 of the State
4Finance Act in any fiscal year do not reduce and do not
5constitute payment of any portion of the minimum State
6contribution required under this Article in that fiscal year.
7Such amounts shall not reduce, and shall not be included in the
8calculation of, the required State contributions under this
9Article in any future year until the System has reached a
10funding ratio of at least 90%. A reference in this Article to
11the "required State contribution" or any substantially similar
12term does not include or apply to any amounts payable to the
13System under Section 25 of the Budget Stabilization Act.
14    Notwithstanding any other provision of this Section, the
15required State contribution for State fiscal year 2005 and for
16fiscal year 2008 and each fiscal year thereafter, as calculated
17under this Section and certified under subsection (a-1), shall
18not exceed an amount equal to (i) the amount of the required
19State contribution that would have been calculated under this
20Section for that fiscal year if the System had not received any
21payments under subsection (d) of Section 7.2 of the General
22Obligation Bond Act, minus (ii) the portion of the State's
23total debt service payments for that fiscal year on the bonds
24issued in fiscal year 2003 for the purposes of that Section
257.2, as determined and certified by the Comptroller, that is
26the same as the System's portion of the total moneys

 

 

10100SB1952sam001- 29 -LRB101 10858 AXK 58788 a

1distributed under subsection (d) of Section 7.2 of the General
2Obligation Bond Act. In determining this maximum for State
3fiscal years 2008 through 2010, however, the amount referred to
4in item (i) shall be increased, as a percentage of the
5applicable employee payroll, in equal increments calculated
6from the sum of the required State contribution for State
7fiscal year 2007 plus the applicable portion of the State's
8total debt service payments for fiscal year 2007 on the bonds
9issued in fiscal year 2003 for the purposes of Section 7.2 of
10the General Obligation Bond Act, so that, by State fiscal year
112011, the State is contributing at the rate otherwise required
12under this Section.
13    (b-4) Beginning in fiscal year 2018, each employer under
14this Article shall pay to the System a required contribution
15determined as a percentage of projected payroll and sufficient
16to produce an annual amount equal to:
17        (i) for each of fiscal years 2018, 2019, and 2020, the
18    defined benefit normal cost of the defined benefit plan,
19    less the employee contribution, for each employee of that
20    employer who has elected or who is deemed to have elected
21    the benefits under Section 1-161 or who has made the
22    election under subsection (b) of Section 1-161; for fiscal
23    year 2021 and each fiscal year thereafter, the defined
24    benefit normal cost of the defined benefit plan, less the
25    employee contribution, plus 2%, for each employee of that
26    employer who has elected or who is deemed to have elected

 

 

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1    the benefits under Section 1-161 or who has made the
2    election under subsection (b) of Section 1-161; plus
3        (ii) the amount required for that fiscal year to
4    amortize any unfunded actuarial accrued liability
5    associated with the present value of liabilities
6    attributable to the employer's account under Section
7    16-158.3, determined as a level percentage of payroll over
8    a 30-year rolling amortization period.
9    In determining contributions required under item (i) of
10this subsection, the System shall determine an aggregate rate
11for all employers, expressed as a percentage of projected
12payroll.
13    In determining the contributions required under item (ii)
14of this subsection, the amount shall be computed by the System
15on the basis of the actuarial assumptions and tables used in
16the most recent actuarial valuation of the System that is
17available at the time of the computation.
18    The contributions required under this subsection (b-4)
19shall be paid by an employer concurrently with that employer's
20payroll payment period. The State, as the actual employer of an
21employee, shall make the required contributions under this
22subsection.
23    (c) Payment of the required State contributions and of all
24pensions, retirement annuities, death benefits, refunds, and
25other benefits granted under or assumed by this System, and all
26expenses in connection with the administration and operation

 

 

10100SB1952sam001- 31 -LRB101 10858 AXK 58788 a

1thereof, are obligations of the State.
2    If members are paid from special trust or federal funds
3which are administered by the employing unit, whether school
4district or other unit, the employing unit shall pay to the
5System from such funds the full accruing retirement costs based
6upon that service, which, beginning July 1, 2017, shall be at a
7rate, expressed as a percentage of salary, equal to the total
8employer's normal cost, expressed as a percentage of payroll,
9as determined by the System. Employer contributions, based on
10salary paid to members from federal funds, may be forwarded by
11the distributing agency of the State of Illinois to the System
12prior to allocation, in an amount determined in accordance with
13guidelines established by such agency and the System. Any
14contribution for fiscal year 2015 collected as a result of the
15change made by Public Act 98-674 shall be considered a State
16contribution under subsection (b-3) of this Section.
17    (d) Effective July 1, 1986, any employer of a teacher as
18defined in paragraph (8) of Section 16-106 shall pay the
19employer's normal cost of benefits based upon the teacher's
20service, in addition to employee contributions, as determined
21by the System. Such employer contributions shall be forwarded
22monthly in accordance with guidelines established by the
23System.
24    However, with respect to benefits granted under Section
2516-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
26of Section 16-106, the employer's contribution shall be 12%

 

 

10100SB1952sam001- 32 -LRB101 10858 AXK 58788 a

1(rather than 20%) of the member's highest annual salary rate
2for each year of creditable service granted, and the employer
3shall also pay the required employee contribution on behalf of
4the teacher. For the purposes of Sections 16-133.4 and
516-133.5, a teacher as defined in paragraph (8) of Section
616-106 who is serving in that capacity while on leave of
7absence from another employer under this Article shall not be
8considered an employee of the employer from which the teacher
9is on leave.
10    (e) Beginning July 1, 1998, every employer of a teacher
11shall pay to the System an employer contribution computed as
12follows:
13        (1) Beginning July 1, 1998 through June 30, 1999, the
14    employer contribution shall be equal to 0.3% of each
15    teacher's salary.
16        (2) Beginning July 1, 1999 and thereafter, the employer
17    contribution shall be equal to 0.58% of each teacher's
18    salary.
19The school district or other employing unit may pay these
20employer contributions out of any source of funding available
21for that purpose and shall forward the contributions to the
22System on the schedule established for the payment of member
23contributions.
24    These employer contributions are intended to offset a
25portion of the cost to the System of the increases in
26retirement benefits resulting from Public Act 90-582.

 

 

10100SB1952sam001- 33 -LRB101 10858 AXK 58788 a

1    Each employer of teachers is entitled to a credit against
2the contributions required under this subsection (e) with
3respect to salaries paid to teachers for the period January 1,
42002 through June 30, 2003, equal to the amount paid by that
5employer under subsection (a-5) of Section 6.6 of the State
6Employees Group Insurance Act of 1971 with respect to salaries
7paid to teachers for that period.
8    The additional 1% employee contribution required under
9Section 16-152 by Public Act 90-582 is the responsibility of
10the teacher and not the teacher's employer, unless the employer
11agrees, through collective bargaining or otherwise, to make the
12contribution on behalf of the teacher.
13    If an employer is required by a contract in effect on May
141, 1998 between the employer and an employee organization to
15pay, on behalf of all its full-time employees covered by this
16Article, all mandatory employee contributions required under
17this Article, then the employer shall be excused from paying
18the employer contribution required under this subsection (e)
19for the balance of the term of that contract. The employer and
20the employee organization shall jointly certify to the System
21the existence of the contractual requirement, in such form as
22the System may prescribe. This exclusion shall cease upon the
23termination, extension, or renewal of the contract at any time
24after May 1, 1998.
25    (f) If For school years beginning on or after June 1, 2005
26and before July 1, 2018 and for salary paid to a teacher under

 

 

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1a contract or collective bargaining agreement entered into,
2amended, or renewed before the effective date ofthis amendatory
3Act of the 100th General Assembly, if the amount of a teacher's
4salary for any school year used to determine final average
5salary exceeds the member's annual full-time salary rate with
6the same employer for the previous school year by more than 6%,
7the teacher's employer shall pay to the System, in addition to
8all other payments required under this Section and in
9accordance with guidelines established by the System, the
10present value of the increase in benefits resulting from the
11portion of the increase in salary that is in excess of 6%. This
12present value shall be computed by the System on the basis of
13the actuarial assumptions and tables used in the most recent
14actuarial valuation of the System that is available at the time
15of the computation. If a teacher's salary for the 2005-2006
16school year is used to determine final average salary under
17this subsection (f), then the changes made to this subsection
18(f) by Public Act 94-1057 shall apply in calculating whether
19the increase in his or her salary is in excess of 6%. For the
20purposes of this Section, change in employment under Section
2110-21.12 of the School Code on or after June 1, 2005 shall
22constitute a change in employer. The System may require the
23employer to provide any pertinent information or
24documentation. The changes made to this subsection (f) by
25Public Act 94-1111 apply without regard to whether the teacher
26was in service on or after its effective date.

 

 

10100SB1952sam001- 35 -LRB101 10858 AXK 58788 a

1    Whenever it determines that a payment is or may be required
2under this subsection, the System shall calculate the amount of
3the payment and bill the employer for that amount. The bill
4shall specify the calculations used to determine the amount
5due. If the employer disputes the amount of the bill, it may,
6within 30 days after receipt of the bill, apply to the System
7in writing for a recalculation. The application must specify in
8detail the grounds of the dispute and, if the employer asserts
9that the calculation is subject to subsection (g) or (h) of
10this Section or that subsection (f-1) of this Section applies,
11must include an affidavit setting forth and attesting to all
12facts within the employer's knowledge that are pertinent to the
13applicability of that subsection. Upon receiving a timely
14application for recalculation, the System shall review the
15application and, if appropriate, recalculate the amount due.
16    The employer contributions required under this subsection
17(f) may be paid in the form of a lump sum within 90 days after
18receipt of the bill. If the employer contributions are not paid
19within 90 days after receipt of the bill, then interest will be
20charged at a rate equal to the System's annual actuarially
21assumed rate of return on investment compounded annually from
22the 91st day after receipt of the bill. Payments must be
23concluded within 3 years after the employer's receipt of the
24bill.
25    (f-1) (Blank). For school years beginning on or after July
261, 2018 and for salary paid to a teacher under a contract or

 

 

10100SB1952sam001- 36 -LRB101 10858 AXK 58788 a

1collective bargaining agreement entered into, amended, or
2renewed on or after the effective date of this amendatory Act
3of the 100th General Assembly, if the amount of a teacher's
4salary for any school year used to determine final average
5salary exceeds the member's annual full-time salary rate with
6the same employer for the previous school year by more than 3%,
7then the teacher's employer shall pay to the System, in
8addition to all other payments required under this Section and
9in accordance with guidelines established by the System, the
10present value of the increase in benefits resulting from the
11portion of the increase in salary that is in excess of 3%. This
12present value shall be computed by the System on the basis of
13the actuarial assumptions and tables used in the most recent
14actuarial valuation of the System that is available at the time
15of the computation. The System may require the employer to
16provide any pertinent information or documentation.
17    Whenever it determines that a payment is or may be required
18under this subsection (f-1), the System shall calculate the
19amount of the payment and bill the employer for that amount.
20The bill shall specify the calculations used to determine the
21amount due. If the employer disputes the amount of the bill, it
22shall, within 30 days after receipt of the bill, apply to the
23System in writing for a recalculation. The application must
24specify in detail the grounds of the dispute and, if the
25employer asserts that subsection (f) of this Section applies,
26must include an affidavit setting forth and attesting to all

 

 

10100SB1952sam001- 37 -LRB101 10858 AXK 58788 a

1facts within the employer's knowledge that are pertinent to the
2applicability of subsection (f). Upon receiving a timely
3application for recalculation, the System shall review the
4application and, if appropriate, recalculate the amount due.
5    The employer contributions required under this subsection
6(f-1) may be paid in the form of a lump sum within 90 days after
7receipt of the bill. If the employer contributions are not paid
8within 90 days after receipt of the bill, then interest shall
9be charged at a rate equal to the System's annual actuarially
10assumed rate of return on investment compounded annually from
11the 91st day after receipt of the bill. Payments must be
12concluded within 3 years after the employer's receipt of the
13bill.
14    (g) This subsection (g) applies only to payments made or
15salary increases given on or after June 1, 2005 but before July
161, 2011. The changes made by Public Act 94-1057 shall not
17require the System to refund any payments received before July
1831, 2006 (the effective date of Public Act 94-1057).
19    When assessing payment for any amount due under subsection
20(f), the System shall exclude salary increases paid to teachers
21under contracts or collective bargaining agreements entered
22into, amended, or renewed before June 1, 2005.
23    When assessing payment for any amount due under subsection
24(f), the System shall exclude salary increases paid to a
25teacher at a time when the teacher is 10 or more years from
26retirement eligibility under Section 16-132 or 16-133.2.

 

 

10100SB1952sam001- 38 -LRB101 10858 AXK 58788 a

1    When assessing payment for any amount due under subsection
2(f), the System shall exclude salary increases resulting from
3overload work, including summer school, when the school
4district has certified to the System, and the System has
5approved the certification, that (i) the overload work is for
6the sole purpose of classroom instruction in excess of the
7standard number of classes for a full-time teacher in a school
8district during a school year and (ii) the salary increases are
9equal to or less than the rate of pay for classroom instruction
10computed on the teacher's current salary and work schedule.
11    When assessing payment for any amount due under subsection
12(f), the System shall exclude a salary increase resulting from
13a promotion (i) for which the employee is required to hold a
14certificate or supervisory endorsement issued by the State
15Teacher Certification Board that is a different certification
16or supervisory endorsement than is required for the teacher's
17previous position and (ii) to a position that has existed and
18been filled by a member for no less than one complete academic
19year and the salary increase from the promotion is an increase
20that results in an amount no greater than the lesser of the
21average salary paid for other similar positions in the district
22requiring the same certification or the amount stipulated in
23the collective bargaining agreement for a similar position
24requiring the same certification.
25    When assessing payment for any amount due under subsection
26(f), the System shall exclude any payment to the teacher from

 

 

10100SB1952sam001- 39 -LRB101 10858 AXK 58788 a

1the State of Illinois or the State Board of Education over
2which the employer does not have discretion, notwithstanding
3that the payment is included in the computation of final
4average salary.
5    (h) When assessing payment for any amount due under
6subsection (f), the System shall exclude any salary increase
7described in subsection (g) of this Section given on or after
8July 1, 2011 but before July 1, 2014 under a contract or
9collective bargaining agreement entered into, amended, or
10renewed on or after June 1, 2005 but before July 1, 2011.
11Notwithstanding any other provision of this Section, any
12payments made or salary increases given after June 30, 2014
13shall be used in assessing payment for any amount due under
14subsection (f) of this Section.
15    (i) The System shall prepare a report and file copies of
16the report with the Governor and the General Assembly by
17January 1, 2007 that contains all of the following information:
18        (1) The number of recalculations required by the
19    changes made to this Section by Public Act 94-1057 for each
20    employer.
21        (2) The dollar amount by which each employer's
22    contribution to the System was changed due to
23    recalculations required by Public Act 94-1057.
24        (3) The total amount the System received from each
25    employer as a result of the changes made to this Section by
26    Public Act 94-4.

 

 

10100SB1952sam001- 40 -LRB101 10858 AXK 58788 a

1        (4) The increase in the required State contribution
2    resulting from the changes made to this Section by Public
3    Act 94-1057.
4    (i-5) For school years beginning on or after July 1, 2017,
5if the amount of a participant's salary for any school year
6exceeds the amount of the salary set for the Governor, the
7participant's employer shall pay to the System, in addition to
8all other payments required under this Section and in
9accordance with guidelines established by the System, an amount
10determined by the System to be equal to the employer normal
11cost, as established by the System and expressed as a total
12percentage of payroll, multiplied by the amount of salary in
13excess of the amount of the salary set for the Governor. This
14amount shall be computed by the System on the basis of the
15actuarial assumptions and tables used in the most recent
16actuarial valuation of the System that is available at the time
17of the computation. The System may require the employer to
18provide any pertinent information or documentation.
19    Whenever it determines that a payment is or may be required
20under this subsection, the System shall calculate the amount of
21the payment and bill the employer for that amount. The bill
22shall specify the calculations used to determine the amount
23due. If the employer disputes the amount of the bill, it may,
24within 30 days after receipt of the bill, apply to the System
25in writing for a recalculation. The application must specify in
26detail the grounds of the dispute. Upon receiving a timely

 

 

10100SB1952sam001- 41 -LRB101 10858 AXK 58788 a

1application for recalculation, the System shall review the
2application and, if appropriate, recalculate the amount due.
3    The employer contributions required under this subsection
4may be paid in the form of a lump sum within 90 days after
5receipt of the bill. If the employer contributions are not paid
6within 90 days after receipt of the bill, then interest will be
7charged at a rate equal to the System's annual actuarially
8assumed rate of return on investment compounded annually from
9the 91st day after receipt of the bill. Payments must be
10concluded within 3 years after the employer's receipt of the
11bill.
12    (j) For purposes of determining the required State
13contribution to the System, the value of the System's assets
14shall be equal to the actuarial value of the System's assets,
15which shall be calculated as follows:
16    As of June 30, 2008, the actuarial value of the System's
17assets shall be equal to the market value of the assets as of
18that date. In determining the actuarial value of the System's
19assets for fiscal years after June 30, 2008, any actuarial
20gains or losses from investment return incurred in a fiscal
21year shall be recognized in equal annual amounts over the
225-year period following that fiscal year.
23    (k) For purposes of determining the required State
24contribution to the system for a particular year, the actuarial
25value of assets shall be assumed to earn a rate of return equal
26to the system's actuarially assumed rate of return.

 

 

10100SB1952sam001- 42 -LRB101 10858 AXK 58788 a

1(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
2100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.
38-14-18; revised 10-4-18.)
 
4    Section 10. The School Code is amended by changing Sections
521B-20, 21B-25, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and
6by adding Section 24-8.5 as follows:
 
7    (105 ILCS 5/21B-20)
8    Sec. 21B-20. Types of licenses. The State Board of
9Education shall implement a system of educator licensure,
10whereby individuals employed in school districts who are
11required to be licensed must have one of the following
12licenses: (i) a professional educator license; (ii) an educator
13license with stipulations; (iii) a substitute teaching
14license; or (iv) until June 30, 2023, a short-term substitute
15teaching license. References in law regarding individuals
16certified or certificated or required to be certified or
17certificated under Article 21 of this Code shall also include
18individuals licensed or required to be licensed under this
19Article. The first year of all licenses ends on June 30
20following one full year of the license being issued.
21    The State Board of Education, in consultation with the
22State Educator Preparation and Licensure Board, may adopt such
23rules as may be necessary to govern the requirements for
24licenses and endorsements under this Section.

 

 

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1        (1) Professional Educator License. Persons who (i)
2    have successfully completed an approved educator
3    preparation program and are recommended for licensure by
4    the Illinois institution offering the educator preparation
5    program, (ii) have successfully completed the required
6    testing under Section 21B-30 of this Code, (iii) have
7    successfully completed coursework on the psychology of,
8    the identification of, and the methods of instruction for
9    the exceptional child, including without limitation
10    children with learning disabilities, (iv) have
11    successfully completed coursework in methods of reading
12    and reading in the content area, and (v) have met all other
13    criteria established by rule of the State Board of
14    Education shall be issued a Professional Educator License.
15    All Professional Educator Licenses are valid until June 30
16    immediately following 5 years of the license being issued.
17    The Professional Educator License shall be endorsed with
18    specific areas and grade levels in which the individual is
19    eligible to practice.
20        Individuals can receive subsequent endorsements on the
21    Professional Educator License. Subsequent endorsements
22    shall require a minimum of 24 semester hours of coursework
23    in the endorsement area and passage of the applicable
24    content area test, unless otherwise specified by rule.
25        (2) Educator License with Stipulations. An Educator
26    License with Stipulations shall be issued an endorsement

 

 

10100SB1952sam001- 44 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 45 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 46 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 47 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 48 -LRB101 10858 AXK 58788 a

1        Stipulations with a career and technical educator
2        endorsement is available and that actual circumstances
3        require such issuance.
4            The provisional career and technical educator
5        endorsement on an Educator License with Stipulations
6        is valid until June 30 immediately following 5 years of
7        the endorsement being issued and may be renewed for 5
8        years. For individuals who were issued the provisional
9        career and technical educator endorsement on an
10        Educator License with Stipulations on or after January
11        1, 2015, the license may be renewed if the individual
12        passes a test of basic skills or test of work
13        proficiency, as required under Section 21B-30 of this
14        Code.
15            A part-time provisional career and technical
16        educator endorsement on an Educator License with
17        Stipulations may be issued for teaching no more than 2
18        courses of study for grades 6 through 12. The part-time
19        provisional career and technical educator endorsement
20        on an Educator License with Stipulations is valid until
21        June 30 immediately following 5 years of the
22        endorsement being issued and may be renewed for 5 years
23        if the individual makes application for renewal.
24            An individual who holds a provisional or part-time
25        provisional career and technical educator endorsement
26        on an Educator License with Stipulations but does not

 

 

10100SB1952sam001- 49 -LRB101 10858 AXK 58788 a

1        hold a bachelor's degree may substitute teach in career
2        and technical education classrooms.
3            (G) Transitional bilingual educator. A
4        transitional bilingual educator endorsement on an
5        Educator License with Stipulations may be issued for
6        the purpose of providing instruction in accordance
7        with Article 14C of this Code to an applicant who
8        provides satisfactory evidence that he or she meets all
9        of the following requirements:
10                (i) Possesses adequate speaking, reading, and
11            writing ability in the language other than English
12            in which transitional bilingual education is
13            offered.
14                (ii) Has the ability to successfully
15            communicate in English.
16                (iii) Either possessed, within 5 years
17            previous to his or her applying for a transitional
18            bilingual educator endorsement, a valid and
19            comparable teaching certificate or comparable
20            authorization issued by a foreign country or holds
21            a degree from an institution of higher learning in
22            a foreign country that the State Educator
23            Preparation and Licensure Board determines to be
24            the equivalent of a bachelor's degree from a
25            regionally accredited institution of higher
26            learning in the United States.

 

 

10100SB1952sam001- 50 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 51 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 52 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 53 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 54 -LRB101 10858 AXK 58788 a

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

 

 

10100SB1952sam001- 55 -LRB101 10858 AXK 58788 a

1                (ii) Has completed an approved educator
2            preparation program at an Illinois institution.
3                (iii) Has passed an a test of basic skills and
4            applicable content area test, as required by
5            Section 21B-30 of this Code.
6                (iv) Has attempted an evidence-based
7            assessment of teacher effectiveness and received a
8            minimum score on that assessment, as established
9            by the State Board of Education in consultation
10            with the State Educator Preparation and Licensure
11            Board.
12            A provisional in-state educator endorsement on an
13        Educator License with Stipulations is valid for one
14        full fiscal year after the date of issuance and may not
15        be renewed.
16            (M) School support personnel intern. A school
17        support personnel intern endorsement on an Educator
18        License with Stipulations may be issued as specified by
19        rule.
20            (N) Special education area. A special education
21        area endorsement on an Educator License with
22        Stipulations may be issued as defined and specified by
23        rule. For a special education endorsement in the area
24        of Early Childhood Special Education, an individual
25        may satisfy the student teaching requirement of his or
26        her early childhood teacher preparation program

 

 

10100SB1952sam001- 56 -LRB101 10858 AXK 58788 a

1        through placement in a setting with children from birth
2        through grade 2, and the individual may be paid and
3        receive credit while student teaching. The student
4        teaching experience must meet the requirements of and
5        be approved by the individual's early childhood
6        teacher preparation program.
7        (3) Substitute Teaching License. A Substitute Teaching
8    License may be issued to qualified applicants for
9    substitute teaching in all grades of the public schools,
10    prekindergarten through grade 12. Substitute Teaching
11    Licenses are not eligible for endorsements. Applicants for
12    a Substitute Teaching License must hold a bachelor's degree
13    or higher from a regionally accredited institution of
14    higher education.
15        Substitute Teaching Licenses are valid for 5 years.
16        Substitute Teaching Licenses are valid for substitute
17    teaching in every county of this State. If an individual
18    has had his or her Professional Educator License or
19    Educator License with Stipulations suspended or revoked,
20    then that individual is not eligible to obtain a Substitute
21    Teaching License.
22        A substitute teacher may only teach in the place of a
23    licensed teacher who is under contract with the employing
24    board. If, however, there is no licensed teacher under
25    contract because of an emergency situation, then a district
26    may employ a substitute teacher for no longer than 30

 

 

10100SB1952sam001- 57 -LRB101 10858 AXK 58788 a

1    calendar days per each vacant position in the district if
2    the district notifies the appropriate regional office of
3    education within 5 business days after the employment of
4    the substitute teacher in the emergency situation. An
5    emergency situation is one in which an unforeseen vacancy
6    has occurred and (i) a teacher is unable to fulfill his or
7    her contractual duties or (ii) teacher capacity needs of
8    the district exceed previous indications, and the district
9    is actively engaged in advertising to hire a fully licensed
10    teacher for the vacant position.
11        There is no limit on the number of days that a
12    substitute teacher may teach in a single school district,
13    provided that no substitute teacher may teach for longer
14    than 90 school days for any one licensed teacher under
15    contract in the same school year. A substitute teacher who
16    holds a Professional Educator License or Educator License
17    with Stipulations shall not teach for more than 120 school
18    days for any one licensed teacher under contract in the
19    same school year. The limitations in this paragraph (3) on
20    the number of days a substitute teacher may be employed do
21    not apply to any school district operating under Article 34
22    of this Code.
23        A school district may not require an individual who
24    holds a valid Professional Educator License or Educator
25    License with Stipulations to seek or hold a Substitute
26    Teaching License to teach as a substitute teacher.

 

 

10100SB1952sam001- 58 -LRB101 10858 AXK 58788 a

1        (4) Short-Term Substitute Teaching License. Beginning
2    on July 1, 2018 and until June 30, 2023, the State Board of
3    Education may issue a Short-Term Substitute Teaching
4    License. A Short-Term Substitute Teaching License may be
5    issued to a qualified applicant for substitute teaching in
6    all grades of the public schools, prekindergarten through
7    grade 12. Short-Term Substitute Teaching Licenses are not
8    eligible for endorsements. Applicants for a Short-Term
9    Substitute Teaching License must hold an associate's
10    degree or have completed at least 60 credit hours from a
11    regionally accredited institution of higher education.
12        Short-Term Substitute Teaching Licenses are valid for
13    substitute teaching in every county of this State. If an
14    individual has had his or her Professional Educator License
15    or Educator License with Stipulations suspended or
16    revoked, then that individual is not eligible to obtain a
17    Short-Term Substitute Teaching License.
18        The provisions of Sections 10-21.9 and 34-18.5 of this
19    Code apply to short-term substitute teachers.
20        An individual holding a Short-Term Substitute Teaching
21    License may teach no more than 5 consecutive days per
22    licensed teacher who is under contract. For teacher
23    absences lasting 6 or more days per licensed teacher who is
24    under contract, a school district may not hire an
25    individual holding a Short-Term Substitute Teaching
26    License. An individual holding a Short-Term Substitute

 

 

10100SB1952sam001- 59 -LRB101 10858 AXK 58788 a

1    Teaching License must complete the training program under
2    Section 10-20.67 or 34-18.60 of this Code to be eligible to
3    teach at a public school. This paragraph (4) is inoperative
4    on and after July 1, 2023.
5(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,
6eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
7eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
8100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff.
98-14-18; revised 10-1-18.)
 
10    (105 ILCS 5/21B-25)
11    Sec. 21B-25. Endorsement on licenses. All licenses issued
12under paragraph (1) of Section 21B-20 of this Code shall be
13specifically endorsed by the State Board of Education for each
14content area, school support area, and administrative area for
15which the holder of the license is qualified. Recognized
16institutions approved to offer educator preparation programs
17shall be trained to add endorsements to licenses issued to
18applicants who meet all of the requirements for the endorsement
19or endorsements, including passing any required tests. The
20State Superintendent of Education shall randomly audit
21institutions to ensure that all rules and standards are being
22followed for entitlement or when endorsements are being
23recommended.
24        (1) The State Board of Education, in consultation with
25    the State Educator Preparation and Licensure Board, shall

 

 

10100SB1952sam001- 60 -LRB101 10858 AXK 58788 a

1    establish, by rule, the grade level and subject area
2    endorsements to be added to the Professional Educator
3    License. These rules shall outline the requirements for
4    obtaining each endorsement.
5        (2) In addition to any and all grade level and content
6    area endorsements developed by rule, the State Board of
7    Education, in consultation with the State Educator
8    Preparation and Licensure Board, shall develop the
9    requirements for the following endorsements:
10            (A) (Blank).
11            (B) Principal endorsement. A principal endorsement
12        shall be affixed to a Professional Educator License of
13        any holder who qualifies by having all of the
14        following:
15                (i) Successful completion of a principal
16            preparation program approved in accordance with
17            Section 21B-60 of this Code and any applicable
18            rules.
19                (ii) At least 4 total years of teaching or 4
20            total years of working in the capacity of school
21            support personnel in an Illinois public school or
22            nonpublic school recognized by the State Board of
23            Education, in a school under the supervision of the
24            Department of Corrections, or in an out-of-state
25            public school or out-of-state nonpublic school
26            meeting out-of-state recognition standards

 

 

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1            comparable to those approved by the State
2            Superintendent of Education; however, the State
3            Board of Education, in consultation with the State
4            Educator Preparation and Licensure Board, shall
5            allow, by rules, for fewer than 4 years of
6            experience based on meeting standards set forth in
7            such rules, including without limitation a review
8            of performance evaluations or other evidence of
9            demonstrated qualifications.
10                (iii) A master's degree or higher from a
11            regionally accredited college or university.
12            (C) Chief school business official endorsement. A
13        chief school business official endorsement shall be
14        affixed to the Professional Educator License of any
15        holder who qualifies by having a master's degree or
16        higher, 2 years of full-time administrative experience
17        in school business management or 2 years of
18        university-approved practical experience, and a
19        minimum of 24 semester hours of graduate credit in a
20        program approved by the State Board of Education for
21        the preparation of school business administrators and
22        by passage of the applicable State tests. The chief
23        school business official endorsement may also be
24        affixed to the Professional Educator License of any
25        holder who qualifies by having a master's degree in
26        business administration, finance, accounting, or

 

 

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1        public administration and who completes an additional
2        6 semester hours of internship in school business
3        management from a regionally accredited institution of
4        higher education and passes the applicable State
5        tests. This endorsement shall be required for any
6        individual employed as a chief school business
7        official.
8            (D) Superintendent endorsement. A superintendent
9        endorsement shall be affixed to the Professional
10        Educator License of any holder who has completed a
11        program approved by the State Board of Education for
12        the preparation of superintendents of schools, has had
13        at least 2 years of experience employed full-time in a
14        general administrative position or as a full-time
15        principal, director of special education, or chief
16        school business official in the public schools or in a
17        State-recognized nonpublic school in which the chief
18        administrator is required to have the licensure
19        necessary to be a principal in a public school in this
20        State and where a majority of the teachers are required
21        to have the licensure necessary to be instructors in a
22        public school in this State, and has passed the
23        required State tests; or of any holder who has
24        completed a program that is not an Illinois-approved
25        educator preparation program at an Illinois
26        institution of higher education and that has

 

 

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1        recognition standards comparable to those approved by
2        the State Superintendent of Education and holds the
3        general administrative, principal, or chief school
4        business official endorsement and who has had 2 years
5        of experience as a principal, director of special
6        education, or chief school business official while
7        holding a valid educator license or certificate
8        comparable in validity and educational and experience
9        requirements and has passed the appropriate State
10        tests, as provided in Section 21B-30 of this Code. The
11        superintendent endorsement shall allow individuals to
12        serve only as a superintendent or assistant
13        superintendent.
14            (E) Teacher leader endorsement. It shall be the
15        policy of this State to improve the quality of
16        instructional leaders by providing a career pathway
17        for teachers interested in serving in leadership
18        roles, but not as principals. The State Board of
19        Education, in consultation with the State Educator
20        Preparation and Licensure Board, may issue a teacher
21        leader endorsement under this subdivision (E). Persons
22        who meet and successfully complete the requirements of
23        the endorsement shall be issued a teacher leader
24        endorsement on the Professional Educator License for
25        serving in schools in this State. Teacher leaders may
26        qualify to serve in such positions as department

 

 

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1        chairs, coaches, mentors, curriculum and instruction
2        leaders, or other leadership positions as defined by
3        the district. The endorsement shall be available to
4        those teachers who (i) hold a Professional Educator
5        License, (ii) hold a master's degree or higher from a
6        regionally accredited institution, (iii) have
7        completed a program of study that has been approved by
8        the State Board of Education, in consultation with the
9        State Educator Preparation and Licensure Board, and
10        (iv) have successfully demonstrated competencies as
11        defined by rule.
12            A teacher who meets the requirements set forth in
13        this Section and holds a teacher leader endorsement may
14        evaluate teachers pursuant to Section 24A-5 of this
15        Code, provided that the individual has completed the
16        evaluation component required by Section 24A-3 of this
17        Code and a teacher leader is allowed to evaluate
18        personnel under the respective school district's
19        collective bargaining agreement.
20            The State Board of Education, in consultation with
21        the State Educator Preparation and Licensure Board,
22        may adopt such rules as may be necessary to establish
23        and implement the teacher leader endorsement program
24        and to specify the positions for which this endorsement
25        shall be required.
26            (F) Special education endorsement. A special

 

 

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1        education endorsement in one or more areas shall be
2        affixed to a Professional Educator License for any
3        individual that meets those requirements established
4        by the State Board of Education in rules. Special
5        education endorsement areas shall include without
6        limitation the following:
7                (i) Learning Behavior Specialist I;
8                (ii) Learning Behavior Specialist II;
9                (iii) Speech Language Pathologist;
10                (iv) Blind or Visually Impaired;
11                (v) Deaf-Hard of Hearing;
12                (vi) Early Childhood Special Education; and
13                (vii) Director of Special Education.
14                For a special education endorsement in the
15        area of Early Childhood Special Education, an
16        individual may satisfy the student teaching
17        requirement of his or her early childhood teacher
18        preparation program through placement in a setting
19        with children from birth through grade 2, and the
20        individual may be paid and receive credit while student
21        teaching. The student teaching experience must meet
22        the requirements of and be approved by the individual's
23        early childhood teacher preparation program.
24        Notwithstanding anything in this Code to the contrary,
25        the State Board of Education, in consultation with the
26        State Educator Preparation and Licensure Board, may

 

 

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1        add additional areas of special education by rule.
2            (G) School support personnel endorsement. School
3        support personnel endorsement areas shall include, but
4        are not limited to, school counselor, marriage and
5        family therapist, school psychologist, school speech
6        and language pathologist, school nurse, and school
7        social worker. This endorsement is for individuals who
8        are not teachers or administrators, but still require
9        licensure to work in an instructional support position
10        in a public or State-operated elementary school,
11        secondary school, or cooperative or joint agreement
12        with a governing body or board of control or a charter
13        school operating in compliance with the Charter
14        Schools Law. The school support personnel endorsement
15        shall be affixed to the Professional Educator License
16        and shall meet all of the requirements established in
17        any rules adopted to implement this subdivision (G).
18        The holder of such an endorsement is entitled to all of
19        the rights and privileges granted holders of any other
20        Professional Educator License, including teacher
21        benefits, compensation, and working conditions.
22(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16;
2399-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.
248-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780,
25eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)
 

 

 

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1    (105 ILCS 5/21B-30)
2    Sec. 21B-30. Educator testing.
3    (a) This Section applies beginning on July 1, 2012.
4    (b) The State Board of Education, in consultation with the
5State Educator Preparation and Licensure Board, shall design
6and implement a system of examinations, which shall be required
7prior to the issuance of educator licenses. These examinations
8and indicators must be based on national and State professional
9teaching standards, as determined by the State Board of
10Education, in consultation with the State Educator Preparation
11and Licensure Board. The State Board of Education may adopt
12such rules as may be necessary to implement and administer this
13Section.
14    (c) (Blank). Except as otherwise provided in this Article,
15applicants seeking a Professional Educator License or an
16Educator License with Stipulations shall be required to pass a
17test of basic skills before the license is issued, unless the
18endorsement the individual is seeking does not require passage
19of the test. All applicants completing Illinois-approved,
20teacher education or school service personnel preparation
21programs shall be required to pass the State Board of
22Education's recognized test of basic skills prior to starting
23their student teaching or starting the final semester of their
24internship. An institution of higher learning, as defined in
25the Higher Education Student Assistance Act, may not require an
26applicant to complete the State Board's recognized test of

 

 

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1basic skills prior to the semester before student teaching or
2prior to the semester before starting the final semester of an
3internship. An individual who passes a test of basic skills
4does not need to do so again for subsequent endorsements or
5other educator licenses.
6    (d) All applicants seeking a State license shall be
7required to pass a test of content area knowledge for each area
8of endorsement for which there is an applicable test. There
9shall be no exception to this requirement. No candidate shall
10be allowed to student teach or serve as the teacher of record
11until he or she has passed the applicable content area test.
12    (e) (Blank).
13    (f) Except as otherwise provided in this Article, beginning
14on September 1, 2015, all candidates completing teacher
15preparation programs in this State and all candidates subject
16to Section 21B-35 of this Code are required to pass a teacher
17performance assessment approved by the State Board of
18Education, in consultation with the State Educator Preparation
19and Licensure Board. Subject to appropriation, an individual
20who holds a Professional Educator License and is employed for a
21minimum of one school year by a school district designated as
22Tier 1 under Section 18-8.15 may, after application to the
23State Board, receive from the State Board a refund for any
24costs associated with completing the teacher performance
25assessment under this subsection.
26    (g) The Tests of basic skills and content area knowledge

 

 

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1test and the teacher performance assessment shall be the tests
2that from time to time are designated by the State Board of
3Education, in consultation with the State Educator Preparation
4and Licensure Board, and may be tests prepared by an
5educational testing organization or tests designed by the State
6Board of Education, in consultation with the State Educator
7Preparation and Licensure Board. The areas to be covered by a
8test of basic skills shall include reading, language arts, and
9mathematics. The test of content area knowledge shall assess
10content knowledge in a specific subject field. The tests must
11be designed to be racially neutral to ensure that no person
12taking the tests is discriminated against on the basis of race,
13color, national origin, or other factors unrelated to the
14person's ability to perform as a licensed employee. The score
15required to pass the tests shall be fixed by the State Board of
16Education, in consultation with the State Educator Preparation
17and Licensure Board. The tests shall be administered not fewer
18than 3 times a year at such time and place as may be designated
19by the State Board of Education, in consultation with the State
20Educator Preparation and Licensure Board.
21    The State Board shall implement a test or tests to assess
22the speaking, reading, writing, and grammar skills of
23applicants for an endorsement or a license issued under
24subdivision (G) of paragraph (2) of Section 21B-20 of this Code
25in the English language and in the language of the transitional
26bilingual education program requested by the applicant.

 

 

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1    (h) Except as provided in Section 34-6 of this Code, the
2provisions of this Section shall apply equally in any school
3district subject to Article 34 of this Code.
4    (i) The rules developed to implement and enforce the
5testing requirements under this Section shall include without
6limitation provisions governing test selection, test
7validation and determination of a passing score,
8administration of the tests, frequency of administration,
9applicant fees, frequency of applicants taking the tests, the
10years for which a score is valid, and appropriate special
11accommodations. The State Board of Education shall develop such
12rules as may be needed to ensure uniformity from year to year
13in the level of difficulty for each form of an assessment.
14(Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16;
1599-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff.
168-14-18; 100-932, eff. 8-17-18; revised 10-1-18.)
 
17    (105 ILCS 5/21B-35)
18    Sec. 21B-35. Minimum requirements for educators trained in
19other states or countries.
20    (a) Any applicant who has not been entitled by an
21Illinois-approved educator preparation program at an Illinois
22institution of higher education applying for a Professional
23Educator License endorsed in a teaching field or school support
24personnel area must meet the following requirements:
25        (1) the applicant must:

 

 

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1            (A) hold a comparable and valid educator license or
2        certificate, as defined by rule, with similar grade
3        level and content area credentials from another state,
4        with the State Board of Education having the authority
5        to determine what constitutes similar grade level and
6        content area credentials from another state; and
7            (B) have a bachelor's degree from a regionally
8        accredited institution of higher education; or
9        (2) the applicant must:
10            (A) have completed a state-approved program for
11        the licensure area sought, including coursework
12        concerning methods of instruction of the exceptional
13        child, methods of reading and reading in the content
14        area, and instructional strategies for English
15        learners;
16            (B) have a bachelor's degree from a regionally
17        accredited institution of higher education;
18            (C) have successfully met all Illinois examination
19        requirements, except that:
20                (i) (blank); an applicant who has successfully
21            completed a test of basic skills, as defined by
22            rules, at the time of initial licensure in another
23            state is not required to complete a test of basic
24            skills;
25                (ii) an applicant who has successfully
26            completed a test of content, as defined by rules,

 

 

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1            at the time of initial licensure in another state
2            is not required to complete a test of content; and
3                (iii) an applicant for a teaching endorsement
4            who has successfully completed an evidence-based
5            assessment of teacher effectiveness, as defined by
6            rules, at the time of initial licensure in another
7            state is not required to complete an
8            evidence-based assessment of teacher
9            effectiveness; and
10            (D) for an applicant for a teaching endorsement,
11        have completed student teaching or an equivalent
12        experience or, for an applicant for a school service
13        personnel endorsement, have completed an internship or
14        an equivalent experience.
15    (b) In order to receive a Professional Educator License
16endorsed in a teaching field or school support personnel area,
17applicants trained in another country must meet all of the
18following requirements:
19        (1) Have completed a comparable education program in
20    another country.
21        (2) Have had transcripts evaluated by an evaluation
22    service approved by the State Superintendent of Education.
23        (3) Have a degree comparable to a degree from a
24    regionally accredited institution of higher education.
25        (4) Have completed coursework aligned to standards
26    concerning methods of instruction of the exceptional

 

 

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1    child, methods of reading and reading in the content area,
2    and instructional strategies for English learners.
3        (5) (Blank).
4        (6) (Blank).
5        (7) Have successfully met all State licensure
6    examination requirements. Applicants who have successfully
7    completed a test of basic skills, as defined by rules, at
8    the time of initial licensure in another country shall not
9    be required to complete a test of basic skills. Applicants
10    who have successfully completed a test of content, as
11    defined by rules, at the time of initial licensure in
12    another country shall not be required to complete a test of
13    content. Applicants for a teaching endorsement who have
14    successfully completed an evidence-based assessment of
15    teacher effectiveness, as defined by rules, at the time of
16    initial licensure in another country shall not be required
17    to complete an evidence-based assessment of teacher
18    effectiveness.
19        (8) Have completed student teaching or an equivalent
20    experience.
21    (b-5) All applicants who have not been entitled by an
22Illinois-approved educator preparation program at an Illinois
23institution of higher education and applicants trained in
24another country applying for a Professional Educator License
25endorsed for principal or superintendent must hold a master's
26degree from a regionally accredited institution of higher

 

 

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1education and must hold a comparable and valid educator license
2or certificate with similar grade level and subject matter
3credentials, with the State Board of Education having the
4authority to determine what constitutes similar grade level and
5subject matter credentials from another state, or must meet all
6of the following requirements:
7        (1) Have completed an educator preparation program
8    approved by another state or comparable educator program in
9    another country leading to the receipt of a license or
10    certificate for the Illinois endorsement sought.
11        (2) Have successfully met all State licensure
12    examination requirements, as required by Section 21B-30 of
13    this Code. Applicants who have successfully completed a
14    test of basic skills, as defined by rules, at the time of
15    initial licensure in another state or country shall not be
16    required to complete a test of basic skills. Applicants who
17    have successfully completed a test of content, as defined
18    by rules, at the time of initial licensure in another state
19    or country shall not be required to complete a test of
20    content.
21        (2.5) Have completed an internship, as defined by rule.
22        (3) (Blank).
23        (4) Have completed coursework aligned to standards
24    concerning methods of instruction of the exceptional
25    child, methods of reading and reading in the content area,
26    and instructional strategies for English learners.

 

 

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

 

 

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

 

 

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1    and instructional strategies for English learners.
2    (c) The State Board of Education, in consultation with the
3State Educator Preparation and Licensure Board, may adopt such
4rules as may be necessary to implement this Section.
5(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 100-13,
6eff. 7-1-17; 100-584, eff. 4-6-18; 100-596, eff. 7-1-18.)
 
7    (105 ILCS 5/21B-50)
8    Sec. 21B-50. Alternative educator licensure program.
9    (a) There is established an alternative educator licensure
10program, to be known as the Alternative Educator Licensure
11Program for Teachers.
12    (b) The Alternative Educator Licensure Program for
13Teachers may be offered by a recognized institution approved to
14offer educator preparation programs by the State Board of
15Education, in consultation with the State Educator Preparation
16and Licensure Board.
17    The program shall be comprised of 4 phases:
18        (1) A course of study that at a minimum includes
19    instructional planning; instructional strategies,
20    including special education, reading, and English language
21    learning; classroom management; and the assessment of
22    students and use of data to drive instruction.
23        (2) A year of residency, which is a candidate's
24    assignment to a full-time teaching position or as a
25    co-teacher for one full school year. An individual must

 

 

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1    hold an Educator License with Stipulations with an
2    alternative provisional educator endorsement in order to
3    enter the residency and must complete additional program
4    requirements that address required State and national
5    standards, pass the assessment of professional teaching
6    before entering the second residency year, as required
7    under phase (3) of this subsection (b), and be recommended
8    by the principal or qualified equivalent of a principal, as
9    required under subsection (d) of this Section, and the
10    program coordinator to continue with the second year of the
11    residency.
12        (3) A second year of residency, which shall include the
13    candidate's assignment to a full-time teaching position
14    for one school year. The candidate must be assigned an
15    experienced teacher to act as a mentor and coach the
16    candidate through the second year of residency.
17        (4) A comprehensive assessment of the candidate's
18    teaching effectiveness, as evaluated by the principal or
19    qualified equivalent of a principal, as required under
20    subsection (d) of this Section, and the program
21    coordinator, at the end of the second year of residency. If
22    there is disagreement between the 2 evaluators about the
23    candidate's teaching effectiveness, the candidate may
24    complete one additional year of residency teaching under a
25    professional development plan developed by the principal
26    or qualified equivalent and the preparation program. At the

 

 

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1    completion of the third year, a candidate must have
2    positive evaluations and a recommendation for full
3    licensure from both the principal or qualified equivalent
4    and the program coordinator or no Professional Educator
5    License shall be issued.
6    Successful completion of the program shall be deemed to
7satisfy any other practice or student teaching and content
8matter requirements established by law.
9    (c) An alternative provisional educator endorsement on an
10Educator License with Stipulations is valid for 2 years of
11teaching in the public schools, including without limitation a
12preschool educational program under Section 2-3.71 of this Code
13or charter school, or in a State-recognized nonpublic school in
14which the chief administrator is required to have the licensure
15necessary to be a principal in a public school in this State
16and in which a majority of the teachers are required to have
17the licensure necessary to be instructors in a public school in
18this State, but may be renewed for a third year if needed to
19complete the Alternative Educator Licensure Program for
20Teachers. The endorsement shall be issued only once to an
21individual who meets all of the following requirements:
22        (1) Has graduated from a regionally accredited college
23    or university with a bachelor's degree or higher.
24        (2) Has a cumulative grade point average of 3.0 or
25    greater on a 4.0 scale or its equivalent on another scale.
26        (3) Has completed a major in the content area if

 

 

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1    seeking a middle or secondary level endorsement or, if
2    seeking an early childhood, elementary, or special
3    education endorsement, has completed a major in the content
4    area of reading, English/language arts, mathematics, or
5    one of the sciences. If the individual does not have a
6    major in a content area for any level of teaching, he or
7    she must submit transcripts to the State Board of Education
8    to be reviewed for equivalency.
9        (4) Has successfully completed phase (1) of subsection
10    (b) of this Section.
11        (5) Has passed a test of basic skills and content area
12    test required for the specific endorsement for admission
13    into the program, as required under Section 21B-30 of this
14    Code.
15    A candidate possessing the alternative provisional
16educator endorsement may receive a salary, benefits, and any
17other terms of employment offered to teachers in the school who
18are members of an exclusive bargaining representative, if any,
19but a school is not required to provide these benefits during
20the years of residency if the candidate is serving only as a
21co-teacher. If the candidate is serving as the teacher of
22record, the candidate must receive a salary, benefits, and any
23other terms of employment. Residency experiences must not be
24counted towards tenure.
25    (d) The recognized institution offering the Alternative
26Educator Licensure Program for Teachers must partner with a

 

 

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1school district, including without limitation a preschool
2educational program under Section 2-3.71 of this Code or
3charter school, or a State-recognized, nonpublic school in this
4State in which the chief administrator is required to have the
5licensure necessary to be a principal in a public school in
6this State and in which a majority of the teachers are required
7to have the licensure necessary to be instructors in a public
8school in this State. A recognized institution that partners
9with a public school district administering a preschool
10educational program under Section 2-3.71 of this Code must
11require a principal to recommend or evaluate candidates in the
12program. A recognized institution that partners with an
13eligible entity administering a preschool educational program
14under Section 2-3.71 of this Code and that is not a public
15school district must require a principal or qualified
16equivalent of a principal to recommend or evaluate candidates
17in the program. The program presented for approval by the State
18Board of Education must demonstrate the supports that are to be
19provided to assist the provisional teacher during the 2-year
20residency period. These supports must provide additional
21contact hours with mentors during the first year of residency.
22    (e) Upon completion of the 4 phases outlined in subsection
23(b) of this Section and all assessments required under Section
2421B-30 of this Code, an individual shall receive a Professional
25Educator License.
26    (f) The State Board of Education, in consultation with the

 

 

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1State Educator Preparation and Licensure Board, may adopt such
2rules as may be necessary to establish and implement the
3Alternative Educator Licensure Program for Teachers.
4(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
5100-822, eff. 1-1-19.)
 
6    (105 ILCS 5/21B-55)
7    Sec. 21B-55. Alternative route to superintendent
8endorsement.
9    (a) The State Board of Education, in consultation with the
10State Educator Preparation and Licensure Board, may approve
11programs designed to provide an alternative route to
12superintendent endorsement on a Professional Educator License.
13    (b) Entities offering an alternative route to
14superintendent endorsement program must have the program
15approved by the State Board of Education, in consultation with
16the State Educator Preparation and Licensure Board.
17    (c) All programs approved under this Section shall be
18comprised of the following 3 phases:
19        (1) A course of study offered on an intensive basis in
20    education management, governance, organization, and
21    instructional and district planning.
22        (2) The person's assignment to a full-time position for
23    one school year as a superintendent.
24        (3) A comprehensive assessment of the person's
25    performance by school officials and a recommendation to the

 

 

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1    State Board of Education that the person be issued a
2    superintendent endorsement on a Professional Educator
3    License.
4    (d) In order to serve as a superintendent under phase (2)
5of subsection (c) of this Section, an individual must be issued
6an alternative provisional superintendent endorsement on an
7Educator License with Stipulations, to be valid for only one
8year of serving as a superintendent. In order to receive the
9provisional alternative superintendent endorsement under this
10Section, an individual must meet all of the following
11requirements:
12        (1) Have graduated from a regionally accredited
13    college or university with a minimum of a master's degree
14    in a management field.
15        (2) Have been employed for a period of at least 5 years
16    in a management level position other than education.
17        (3) Have successfully completed phase (1) of
18    subsection (c) of this Section.
19        (4) Have passed a test of basic skills and a content
20    area test for admission into the program, as required by
21    Section 21B-30 of this Code.
22    (e) Successful completion of an alternative route to
23superintendent endorsement program shall be deemed to satisfy
24any other supervisory, administrative, or management
25experience requirements established by law, and, once
26completed, an individual shall be eligible for a superintendent

 

 

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1endorsement on a Professional Educator License.
2    (f) The State Board of Education, in consultation with the
3State Educator Preparation and Licensure Board, may adopt such
4rules as may be needed to establish and implement these
5alternative route to superintendent endorsement programs.
6(Source: P.A. 100-596, eff. 7-1-18.)
 
7    (105 ILCS 5/24-8.5 new)
8    Sec. 24-8.5. Student teacher; salary. Each school district
9may provide a salary to a student teacher employed by the
10district. A school district may fix the amount of salary to pay
11a student teacher under this Section.
 
12    (105 ILCS 5/27A-10)
13    Sec. 27A-10. Employees.
14    (a) A person shall be deemed to be employed by a charter
15school unless a collective bargaining agreement or the charter
16school contract otherwise provides.
17    (b) In all school districts, including special charter
18districts and districts located in cities having a population
19exceeding 500,000, the local school board shall determine by
20policy or by negotiated agreement, if one exists, the
21employment status of any school district employees who are
22employed by a charter school and who seek to return to
23employment in the public schools of the district. Each local
24school board shall grant, for a period of up to 5 years, a

 

 

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1leave of absence to those of its teachers who accept employment
2with a charter school. At the end of the authorized leave of
3absence, the teacher must return to the school district or
4resign; provided, however, that if the teacher chooses to
5return to the school district, the teacher must be assigned to
6a position which requires the teacher's certification and legal
7qualifications. The contractual continued service status and
8retirement benefits of a teacher of the district who is granted
9a leave of absence to accept employment with a charter school
10shall not be affected by that leave of absence.
11    (c) Charter schools shall employ in instructional
12positions, as defined in the charter, individuals who are
13certificated under Article 21 of this Code or who possess the
14following qualifications:
15        (i) graduated with a bachelor's degree from an
16    accredited institution of higher learning;
17        (ii) been employed for a period of at least 5 years in
18    an area requiring application of the individual's
19    education;
20        (iii) (blank); and passed the tests of basic skills and
21    subject matter knowledge required by Section 21-1a of the
22    School Code; and
23        (iv) demonstrate continuing evidence of professional
24    growth which shall include, but not be limited to,
25    successful teaching experience, attendance at professional
26    meetings, membership in professional organizations,

 

 

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1    additional credits earned at institutions of higher
2    learning, travel specifically for educational purposes,
3    and reading of professional books and periodicals.
4    (c-5) Charter schools employing individuals without
5certification in instructional positions shall provide such
6mentoring, training, and staff development for those
7individuals as the charter schools determine necessary for
8satisfactory performance in the classroom.
9    At least 50% of the individuals employed in instructional
10positions by a charter school that is operating in a city
11having a population exceeding 500,000 and that is established
12on or after April 16, 2003 shall hold teaching certificates
13issued under Article 21 of this Code.
14    At least 75% of the individuals employed in instructional
15positions by a charter school that is operating in a city
16having a population exceeding 500,000 and that was established
17before April 16, 2003 shall hold teaching certificates issued
18under Article 21 of this Code.
19    (c-10) Notwithstanding any provision in subsection (c-5)
20to the contrary, in any charter school established before the
21effective date of this amendatory Act of the 96th General
22Assembly, at least 75% of the individuals employed in
23instructional positions by the charter school shall hold
24teaching certificates issued under Article 21 of this Code
25beginning with the 2012-2013 school year. In any charter school
26established after the effective date of this amendatory Act of

 

 

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1the 96th General Assembly, at least 75% of the individuals
2employed in instructional positions by a charter school shall
3hold teaching certificates issued under Article 21 of this Code
4by the beginning of the fourth school year during which a
5student is enrolled in the charter school. Charter schools may
6employ non-certificated staff in all other positions.
7    (c-15) Charter schools are exempt from any annual cap on
8new participants in an alternative certification program. The
9second and third phases of the alternative certification
10program may be conducted and completed at the charter school,
11and the alternative teaching certificate is valid for 4 years
12or the length of the charter (or any extension of the charter),
13whichever is longer.
14    (d) A teacher at a charter school may resign his or her
15position only if the teacher gives notice of resignation to the
16charter school's governing body at least 60 days before the end
17of the school term, and the resignation must take effect
18immediately upon the end of the school term.
19(Source: P.A. 96-105, eff. 7-30-09.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".