Illinois Compiled Statutes
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105 ILCS 5/27A-10
(105 ILCS 5/27A-10)
(a) A person shall be deemed to be employed by a charter school unless a
collective bargaining agreement or the charter school
contract otherwise provides.
(b) In all school districts, including special charter districts and
districts located in
cities having a population exceeding 500,000, the local school board shall
determine by policy or by negotiated
agreement, if one exists, the employment status of any school district
employees who are employed by a charter school and who seek to return to
employment in the public
schools of the district. Each local school board shall grant, for a period of
up to 5 years, a leave of absence to those of its teachers who accept
employment with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or resign; provided,
however, that if the teacher chooses to return to the school district, the
teacher must be assigned to a position which requires the teacher's
certification and legal qualifications. The
continued service status and retirement benefits of a
teacher of the district who is granted a leave of absence to accept employment
with a charter school shall not be affected by that leave of absence.
(c) Charter schools shall employ in instructional positions, as defined in
the charter, individuals who are certificated under Article 21 of this
Code or who possess the following qualifications:
(i) graduated with a bachelor's degree from an
accredited institution of higher learning;
(ii) been employed for a period of at least 5 years
in an area requiring application of the individual's education;
(iii) passed the tests of basic skills and subject
matter knowledge required by Section 21-1a of the School Code; and
(iv) demonstrate continuing evidence of professional
growth which shall include, but not be limited to, successful teaching experience, attendance at professional meetings, membership in professional organizations, additional credits earned at institutions of higher learning, travel specifically for educational purposes, and reading of professional books and periodicals.
(c-5) Charter schools employing individuals without certification in
instructional positions shall provide such mentoring, training, and staff
development for those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
At least 50% of the
employed in instructional positions by a charter school that is operating in a
having a population exceeding 500,000 and that is
established on or after April 16, 2003 shall hold teaching certificates issued under
Article 21 of this Code.
least 75% of the individuals employed in instructional positions by a
charter school that is operating in a city having a population exceeding
500,000 and that was
established before April 16, 2003 shall hold teaching certificates issued under
Article 21 of this Code.
(c-10) Notwithstanding any provision in subsection (c-5) to the contrary, in any charter school established before the effective date of this amendatory Act of the 96th General Assembly, at least 75% of the individuals employed in instructional positions by the charter school shall hold teaching certificates issued under Article 21 of this Code beginning with the 2012-2013 school year. In any charter school established after the effective date of this amendatory Act of the 96th General Assembly, at least 75% of the individuals employed in instructional positions by a charter school shall hold teaching certificates issued under Article 21 of this Code by the beginning of the fourth school year during which a student is enrolled in the charter school. Charter schools may employ non-certificated staff in all other positions.
(c-15) Charter schools are
exempt from any annual cap on new
participants in an alternative certification program. The second
and third phases of the alternative certification program may
be conducted and completed at the charter school, and the
alternative teaching certificate is valid for 4 years or the length
of the charter (or any extension of the charter), whichever is longer.
(d) A teacher at a charter school may resign his or her position only if
the teacher gives notice of resignation to the charter school's governing body
at least 60 days before the end of the school term, and the resignation must
take effect immediately upon the end of the school term.
(Source: P.A. 96-105, eff. 7-30-09.)