Illinois General Assembly - Full Text of SB1901
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Full Text of SB1901  101st General Assembly

SB1901enr 101ST GENERAL ASSEMBLY

  
  
  

 


 
SB1901 EnrolledLRB101 09824 AXK 54926 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-20.21, 21B-40, and 21B-50 as follows:
 
6    (105 ILCS 5/10-20.21)
7    Sec. 10-20.21. Contracts.
8    (a) To award all contracts for purchase of supplies and
9materials or work involving an expenditure in excess of $25,000
10or a lower amount as required by board policy to the lowest
11responsible bidder, considering conformity with
12specifications, terms of delivery, quality and serviceability,
13after due advertisement, except the following: (i) contracts
14for the services of individuals possessing a high degree of
15professional skill where the ability or fitness of the
16individual plays an important part; (ii) contracts for the
17printing of finance committee reports and departmental
18reports; (iii) contracts for the printing or engraving of
19bonds, tax warrants and other evidences of indebtedness; (iv)
20contracts for the purchase of perishable foods and perishable
21beverages; (v) contracts for materials and work which have been
22awarded to the lowest responsible bidder after due
23advertisement, but due to unforeseen revisions, not the fault

 

 

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1of the contractor for materials and work, must be revised
2causing expenditures not in excess of 10% of the contract
3price; (vi) contracts for the maintenance or servicing of, or
4provision of repair parts for, equipment which are made with
5the manufacturer or authorized service agent of that equipment
6where the provision of parts, maintenance, or servicing can
7best be performed by the manufacturer or authorized service
8agent; (vii) purchases and contracts for the use, purchase,
9delivery, movement, or installation of data processing
10equipment, software, or services and telecommunications and
11interconnect equipment, software, and services; (viii)
12contracts for duplicating machines and supplies; (ix)
13contracts for the purchase of fuel, including diesel, gasoline,
14oil, aviation, natural gas, or propane, lubricants, or other
15petroleum products natural gas when the cost is less than that
16offered by a public utility; (x) purchases of equipment
17previously owned by some entity other than the district itself;
18(xi) contracts for repair, maintenance, remodeling,
19renovation, or construction, or a single project involving an
20expenditure not to exceed $50,000 and not involving a change or
21increase in the size, type, or extent of an existing facility;
22(xii) contracts for goods or services procured from another
23governmental agency; (xiii) contracts for goods or services
24which are economically procurable from only one source, such as
25for the purchase of magazines, books, periodicals, pamphlets
26and reports, and for utility services such as water, light,

 

 

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1heat, telephone or telegraph; (xiv) where funds are expended in
2an emergency and such emergency expenditure is approved by 3/4
3of the members of the board; (xv) State master contracts
4authorized under Article 28A of this Code; and (xvi) contracts
5providing for the transportation of pupils, which contracts
6must be advertised in the same manner as competitive bids and
7awarded by first considering the bidder or bidders most able to
8provide safety and comfort for the pupils, stability of
9service, and any other factors set forth in the request for
10proposal regarding quality of service, and then price. However,
11at no time shall a cause of action lie against a school board
12for awarding a pupil transportation contract per the standards
13set forth in this subsection (a) unless the cause of action is
14based on fraudulent conduct.
15    All competitive bids for contracts involving an
16expenditure in excess of $25,000 or a lower amount as required
17by board policy must be sealed by the bidder and must be opened
18by a member or employee of the school board at a public bid
19opening at which the contents of the bids must be announced.
20Each bidder must receive at least 3 days' notice of the time
21and place of the bid opening. For purposes of this Section due
22advertisement includes, but is not limited to, at least one
23public notice at least 10 days before the bid date in a
24newspaper published in the district, or if no newspaper is
25published in the district, in a newspaper of general
26circulation in the area of the district. State master contracts

 

 

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1and certified education purchasing contracts, as defined in
2Article 28A of this Code, are not subject to the requirements
3of this paragraph.
4    Under this Section, the acceptance of bids sealed by a
5bidder and the opening of these bids at a public bid opening
6may be permitted by an electronic process for communicating,
7accepting, and opening competitive bids. However, bids for
8construction purposes are prohibited from being communicated,
9accepted, or opened electronically. An electronic bidding
10process must provide for, but is not limited to, the following
11safeguards:
12        (1) On the date and time certain of a bid opening, the
13    primary person conducting the competitive, sealed,
14    electronic bid process shall log onto a specified database
15    using a unique username and password previously assigned to
16    the bidder to allow access to the bidder's specific bid
17    project number.
18        (2) The specified electronic database must be on a
19    network that (i) is in a secure environment behind a
20    firewall; (ii) has specific encryption tools; (iii)
21    maintains specific intrusion detection systems; (iv) has
22    redundant systems architecture with data storage back-up,
23    whether by compact disc or tape; and (v) maintains a
24    disaster recovery plan.
25It is the legislative intent of Public Act 96-841 to maintain
26the integrity of the sealed bidding process provided for in

 

 

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1this Section, to further limit any possibility of bid-rigging,
2to reduce administrative costs to school districts, and to
3effect efficiencies in communications with bidders.
4    (b) To require, as a condition of any contract for goods
5and services, that persons bidding for and awarded a contract
6and all affiliates of the person collect and remit Illinois Use
7Tax on all sales of tangible personal property into the State
8of Illinois in accordance with the provisions of the Illinois
9Use Tax Act regardless of whether the person or affiliate is a
10"retailer maintaining a place of business within this State" as
11defined in Section 2 of the Use Tax Act. For purposes of this
12Section, the term "affiliate" means any entity that (1)
13directly, indirectly, or constructively controls another
14entity, (2) is directly, indirectly, or constructively
15controlled by another entity, or (3) is subject to the control
16of a common entity. For purposes of this subsection (b), an
17entity controls another entity if it owns, directly or
18individually, more than 10% of the voting securities of that
19entity. As used in this subsection (b), the term "voting
20security" means a security that (1) confers upon the holder the
21right to vote for the election of members of the board of
22directors or similar governing body of the business or (2) is
23convertible into, or entitles the holder to receive upon its
24exercise, a security that confers such a right to vote. A
25general partnership interest is a voting security.
26    To require that bids and contracts include a certification

 

 

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1by the bidder or contractor that the bidder or contractor is
2not barred from bidding for or entering into a contract under
3this Section and that the bidder or contractor acknowledges
4that the school board may declare the contract void if the
5certification completed pursuant to this subsection (b) is
6false.
7    (b-5) To require all contracts and agreements that pertain
8to goods and services and that are intended to generate
9additional revenue and other remunerations for the school
10district in excess of $1,000, including without limitation
11vending machine contracts, sports and other attire, class
12rings, and photographic services, to be approved by the school
13board. The school board shall file as an attachment to its
14annual budget a report, in a form as determined by the State
15Board of Education, indicating for the prior year the name of
16the vendor, the product or service provided, and the actual net
17revenue and non-monetary remuneration from each of the
18contracts or agreements. In addition, the report shall indicate
19for what purpose the revenue was used and how and to whom the
20non-monetary remuneration was distributed.
21    (b-10) To prohibit any contract to purchase food with a
22bidder or offeror if the bidder's or offeror's contract terms
23prohibit the school from donating food to food banks,
24including, but not limited to, homeless shelters, food
25pantries, and soup kitchens.
26    (c) If the State education purchasing entity creates a

 

 

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1master contract as defined in Article 28A of this Code, then
2the State education purchasing entity shall notify school
3districts of the existence of the master contract.
4    (d) In purchasing supplies, materials, equipment, or
5services that are not subject to subsection (c) of this
6Section, before a school district solicits bids or awards a
7contract, the district may review and consider as a bid under
8subsection (a) of this Section certified education purchasing
9contracts that are already available through the State
10education purchasing entity.
11(Source: P.A. 99-552, eff. 7-15-16.)
 
12    (105 ILCS 5/21B-40)
13    Sec. 21B-40. Fees.
14    (a) Beginning with the start of the new licensure system
15established pursuant to this Article, the following fees shall
16be charged to applicants:
17        (1) A $100 application fee for a Professional Educator
18    License or an Educator License with Stipulations.
19    Beginning on July 1, 2018, the license renewal fee for an
20    Educator License with Stipulations with a paraprofessional
21    educator endorsement shall be $25.
22        (1.5) A $50 application fee for a Substitute Teaching
23    License. If the application for a Substitute Teaching
24    License is made and granted after July 1, 2017, the
25    licensee may apply for a refund of the application fee

 

 

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1    within 18 months of issuance of the new license and shall
2    be issued that refund by the State Board of Education if
3    the licensee provides evidence to the State Board of
4    Education that the licensee has taught pursuant to the
5    Substitute Teaching License at least 10 full school days
6    within one year of issuance.
7        (1.7) A $25 application fee for a Short-Term Substitute
8    Teaching License. The Short-Term Substitute Teaching
9    License must be registered in at least one region in this
10    State, but does not require a registration fee. The
11    licensee may apply for a refund of the application fee
12    within 18 months of issuance of the new license and shall
13    be issued that refund by the State Board of Education if
14    the licensee provides evidence to the State Board of
15    Education that the licensee has taught pursuant to the
16    Short-Term Substitute Teaching License at least 10 full
17    school days within one year of issuance.
18        (2) A $150 application fee for individuals who have not
19    been entitled by an Illinois-approved educator preparation
20    program at an Illinois institution of higher education and
21    are seeking any of the licenses set forth in subdivision
22    (1) of this subsection (a).
23        (3) A $50 application fee for each endorsement or
24    approval.
25        (4) A $10 per year registration fee for the course of
26    the validity cycle to register the license, which shall be

 

 

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1    paid to the regional office of education having supervision
2    and control over the school in which the individual holding
3    the license is to be employed. If the individual holding
4    the license is not yet employed, then the license may be
5    registered in any county in this State. The registration
6    fee must be paid in its entirety the first time the
7    individual registers the license for a particular validity
8    period in a single region. No additional fee may be charged
9    for that validity period should the individual
10    subsequently register the license in additional regions.
11    An individual must register the license (i) immediately
12    after initial issuance of the license and (ii) at the
13    beginning of each renewal cycle if the individual has
14    satisfied the renewal requirements required under this
15    Code.
16        Beginning on July 1, 2017, at the beginning of each
17    renewal cycle, individuals who hold a Substitute Teaching
18    License may apply for a reimbursement of the registration
19    fee within 18 months of renewal and shall be issued that
20    reimbursement by the State Board of Education from funds
21    appropriated for that purpose if the licensee provides
22    evidence to the State Board of Education that the licensee
23    has taught pursuant to the Substitute Teaching License at
24    least 10 full school days within one year of renewal.
25        (5) The license renewal fee for an Educator License
26    with Stipulations with a paraprofessional educator

 

 

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1    endorsement is $25.
2    (b) All application fees paid pursuant to subdivisions (1)
3through (3) of subsection (a) of this Section shall be
4deposited into the Teacher Certificate Fee Revolving Fund and
5shall be used, subject to appropriation, by the State Board of
6Education to provide the technology and human resources
7necessary for the timely and efficient processing of
8applications and for the renewal of licenses. Funds available
9from the Teacher Certificate Fee Revolving Fund may also be
10used by the State Board of Education to support the recruitment
11and retention of educators, to support educator preparation
12programs as they seek national accreditation, and to provide
13professional development aligned with the requirements set
14forth in Section 21B-45 of this Code. A majority of the funds
15in the Teacher Certificate Fee Revolving Fund must be dedicated
16to the timely and efficient processing of applications and for
17the renewal of licenses. The Teacher Certificate Fee Revolving
18Fund is not subject to administrative charge transfers,
19authorized under Section 8h of the State Finance Act, from the
20Teacher Certificate Fee Revolving Fund into any other fund of
21this State, and moneys in the Teacher Certificate Fee Revolving
22Fund shall not revert back to the General Revenue Fund at any
23time.
24    The regional superintendent of schools shall deposit the
25registration fees paid pursuant to subdivision (4) of
26subsection (a) of this Section into the institute fund

 

 

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1established pursuant to Section 3-11 of this Code.
2    (c) The State Board of Education and each regional office
3of education are authorized to charge a service or convenience
4fee for the use of credit cards for the payment of license
5fees. This service or convenience fee shall not exceed the
6amount required by the credit card processing company or vendor
7that has entered into a contract with the State Board or
8regional office of education for this purpose, and the fee must
9be paid to that company or vendor.
10    (d) If, at the time a certificate issued under Article 21
11of this Code is exchanged for a license issued under this
12Article, a person has paid registration fees for any years of
13the validity period of the certificate and these years have not
14expired when the certificate is exchanged, then those fees must
15be applied to the registration of the new license.
16(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17;
17100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff.
188-10-18; revised 10-1-18.)
 
19    (105 ILCS 5/21B-50)
20    Sec. 21B-50. Alternative educator licensure program.
21    (a) There is established an alternative educator licensure
22program, to be known as the Alternative Educator Licensure
23Program for Teachers.
24    (b) The Alternative Educator Licensure Program for
25Teachers may be offered by a recognized institution approved to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1school district must require a principal or qualified
2equivalent of a principal to recommend or evaluate candidates
3in the program. The program presented for approval by the State
4Board of Education must demonstrate the supports that are to be
5provided to assist the provisional teacher during the 2-year
6residency period. These supports must provide additional
7contact hours with mentors during the first year of residency.
8    (e) Upon completion of the 4 phases outlined in subsection
9(b) of this Section and all assessments required under Section
1021B-30 of this Code, an individual shall receive a Professional
11Educator License.
12    (f) The State Board of Education, in consultation with the
13State Educator Preparation and Licensure Board, may adopt such
14rules as may be necessary to establish and implement the
15Alternative Educator Licensure Program for Teachers.
16(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
17100-822, eff. 1-1-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.