Full Text of SB0010 101st General Assembly
SB0010ham001 101ST GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 10/24/2019
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| 1 | | AMENDMENT TO SENATE BILL 10
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 10 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 14-8.02a, 21B-20, 21B-30, and 27A-10 as follows:
| 6 | | (105 ILCS 5/14-8.02a)
| 7 | | Sec. 14-8.02a. Impartial due process hearing; civil | 8 | | action.
| 9 | | (a) This Section
shall apply to all impartial due process | 10 | | hearings requested on or after July
1, 2005. Impartial due | 11 | | process hearings requested before July 1, 2005 shall be | 12 | | governed by the rules described in Public Act 89-652. | 13 | | (a-5) For purposes of this Section and Section 14-8.02b of | 14 | | this Code, days shall be computed in accordance with Section | 15 | | 1.11 of the Statute on Statutes.
| 16 | | (b) The State Board of Education shall establish an |
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| 1 | | impartial due process
hearing system in accordance with this
| 2 | | Section and may, with the advice and approval of the Advisory | 3 | | Council on
Education of Children with Disabilities, promulgate | 4 | | rules and regulations
consistent with this Section to establish | 5 | | the rules and procedures for due process hearings.
| 6 | | (c) (Blank).
| 7 | | (d) (Blank).
| 8 | | (e) (Blank).
| 9 | | (f) An impartial due process hearing shall be convened upon | 10 | | the request of a
parent, student if at least 18 years of age or | 11 | | emancipated, or a
school district. A school district shall
make | 12 | | a request in writing to the State Board of Education and | 13 | | promptly mail a
copy of the request to the parents or student | 14 | | (if at least 18 years of age or emancipated) at the parent's or | 15 | | student's last
known address. A request made by the parent or | 16 | | student shall be made in writing to the superintendent of the | 17 | | school district where the student resides. The superintendent | 18 | | shall forward the request to the State Board of Education | 19 | | within 5 days after receipt of the request. The request shall | 20 | | be filed no more than 2 years following the date the person or | 21 | | school district knew or should have known of the event or | 22 | | events forming the basis for the request. However, if the | 23 | | request is in connection with an allegation that a school | 24 | | district organized under Article 34 delayed or denied special | 25 | | education or related services in the 2016-2017 or 2017-2018 | 26 | | school year as a result of the adoption of policies and |
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| 1 | | procedures identified by the State Board of Education as | 2 | | unlawful, the request shall be filed on or before September 30, | 3 | | 2021, and, no later than 30 days after the effective date of | 4 | | this amendatory Act of the 101st General Assembly, the school | 5 | | district must provide written notification of this filing | 6 | | deadline to (i) the parent or guardian of the student, (ii) a | 7 | | designated representative of the student, (iii) the student if | 8 | | he or she is an emancipated minor, or (iv) the student if he or | 9 | | she has reached the age of majority and does not have a | 10 | | designated representative. The request shall, at a minimum, | 11 | | contain all of the following: | 12 | | (1) The name of the student, the address of the | 13 | | student's residence, and the name of the school the student | 14 | | is attending. | 15 | | (2) In the case of homeless children (as defined under | 16 | | the federal McKinney-Vento Homeless Assistance Act (42 | 17 | | U.S.C. 11434a(2))), available contact information for the | 18 | | student and the name of the school the student is | 19 | | attending. | 20 | | (3) A description of the nature of the problem relating | 21 | | to the actual or proposed placement, identification, | 22 | | services, or evaluation of the student, including facts | 23 | | relating to the problem. | 24 | | (4) A proposed resolution of the problem to the extent | 25 | | known and available to the party at the time. | 26 | | (f-5) Within 3 days after receipt of the hearing request,
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| 1 | | the State Board of
Education shall appoint a due process | 2 | | hearing officer using a rotating
appointment system and shall | 3 | | notify the hearing officer of his or her
appointment. | 4 | | For a school district other than a school district located | 5 | | in a municipality having a population exceeding 500,000, a | 6 | | hearing officer who is a current resident of the school | 7 | | district, special
education cooperative, or other public | 8 | | entity involved in the hearing shall recuse himself or herself. | 9 | | A hearing officer who is a former employee of the school | 10 | | district, special education cooperative, or other public | 11 | | entity involved in the hearing shall immediately disclose the | 12 | | former employment to the parties and shall recuse himself or | 13 | | herself, unless the parties otherwise agree in writing. A
| 14 | | hearing officer having a personal or professional interest that | 15 | | may conflict
with his or her objectivity in the hearing shall | 16 | | disclose the conflict to the parties and shall recuse himself | 17 | | or herself unless the parties otherwise agree in writing. For | 18 | | purposes of this subsection
an assigned hearing officer shall | 19 | | be considered to have a conflict of interest
if, at any time | 20 | | prior to the issuance of his or her written decision, he or she
| 21 | | knows or should know that he or she may receive remuneration | 22 | | from a party
to the hearing within 3 years following the | 23 | | conclusion of the due process
hearing. | 24 | | A party to a due process hearing shall be permitted one | 25 | | substitution
of hearing officer as a matter of right, in | 26 | | accordance with procedures
established by the rules adopted by |
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| 1 | | the State Board of Education under this
Section. The State | 2 | | Board of Education shall randomly select and appoint
another | 3 | | hearing officer within 3 days after receiving notice that the | 4 | | appointed
hearing officer is ineligible to serve or upon | 5 | | receiving a proper request for
substitution of hearing officer. | 6 | | If a party withdraws its request for a due
process hearing | 7 | | after a hearing officer has been appointed, that hearing
| 8 | | officer shall retain jurisdiction over a subsequent hearing | 9 | | that involves the
same parties and is requested within one year | 10 | | from the date of withdrawal of
the previous request, unless | 11 | | that hearing
officer is unavailable.
| 12 | | Any party may raise
facts that constitute a conflict of | 13 | | interest for the hearing officer at any
time before or during | 14 | | the hearing and may move for recusal.
| 15 | | (g) Impartial due process hearings shall be conducted | 16 | | pursuant to this
Section and any rules and regulations | 17 | | promulgated by the State Board of Education
consistent with | 18 | | this Section and other governing laws and regulations. The | 19 | | hearing shall address only those issues properly raised in the | 20 | | hearing request under subsection (f) of this Section or, if | 21 | | applicable, in the amended hearing request under subsection | 22 | | (g-15) of this Section. The
hearing shall be closed to the | 23 | | public unless the parents request
that the hearing be open to | 24 | | the public. The parents involved in
the hearing shall have the | 25 | | right to have the student who is the subject of the
hearing | 26 | | present. The hearing shall be held at a time and place which |
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| 1 | | are
reasonably convenient to the parties involved. Upon the | 2 | | request of
a party, the hearing officer shall hold the hearing | 3 | | at a location neutral to
the parties if the hearing officer | 4 | | determines that there is no cost for
securing the use of the | 5 | | neutral location. Once appointed, the impartial due
process | 6 | | hearing officer shall not communicate with the State Board of | 7 | | Education
or its employees concerning the
hearing, except that, | 8 | | where circumstances require, communications for
administrative | 9 | | purposes that do not deal with substantive or procedural | 10 | | matters
or issues on the merits are authorized, provided that | 11 | | the hearing officer
promptly notifies all parties of the | 12 | | substance of the communication as a matter
of record. | 13 | | (g-5) Unless the school district has previously provided | 14 | | prior written notice to the parent or student (if at least 18 | 15 | | years of age or emancipated) regarding the subject matter of | 16 | | the hearing request, the school district shall, within 10 days | 17 | | after receiving a hearing request initiated by a parent or | 18 | | student (if at least 18 years of age or emancipated), provide a | 19 | | written response to the request that shall include all of the | 20 | | following: | 21 | | (1) An explanation of why the school district proposed | 22 | | or refused to take the action or actions described in the | 23 | | hearing request. | 24 | | (2) A description of other options the IEP team | 25 | | considered and the reasons why those options were rejected. | 26 | | (3) A description of each evaluation procedure, |
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| 1 | | assessment, record, report, or other evidence the school | 2 | | district used as the basis for the proposed or refused | 3 | | action or actions. | 4 | | (4) A description of the factors that are or were | 5 | | relevant to the school district's proposed or refused | 6 | | action or actions. | 7 | | (g-10) When the hearing request has been initiated by a | 8 | | school district, within 10 days after receiving the request, | 9 | | the parent or student (if at least 18 years of age or | 10 | | emancipated) shall provide the school district with a response | 11 | | that specifically addresses the issues raised in the school | 12 | | district's hearing request. The parent's or student's response | 13 | | shall be provided in writing, unless he or she is illiterate or | 14 | | has a disability that prevents him or her from providing a | 15 | | written response. The parent's or student's response may be | 16 | | provided in his or her native language, if other than English. | 17 | | In the event that illiteracy or another disabling condition | 18 | | prevents the parent or student from providing a written | 19 | | response, the school district shall assist the parent or | 20 | | student in providing the written response. | 21 | | (g-15) Within 15 days after receiving notice of the hearing | 22 | | request, the non-requesting party may challenge the | 23 | | sufficiency of the request by submitting its challenge in | 24 | | writing to the hearing officer. Within 5 days after receiving | 25 | | the challenge to the sufficiency of the request, the hearing | 26 | | officer shall issue a determination of the challenge in writing |
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| 1 | | to the parties. In the event that the hearing officer upholds | 2 | | the challenge, the party who requested the hearing may, with | 3 | | the consent of the non-requesting party or hearing officer, | 4 | | file an amended request. Amendments are permissible for the | 5 | | purpose of raising issues beyond those in the initial hearing | 6 | | request. In addition, the party who requested the hearing may | 7 | | amend the request once as a matter of right by filing the | 8 | | amended request within 5 days after filing the initial request. | 9 | | An amended request, other than an amended request as a matter | 10 | | of right, shall be filed by the date determined by the hearing | 11 | | officer, but in no event any later than 5 days prior to the | 12 | | date of the hearing. If an amended request, other than an | 13 | | amended request as a matter of right, raises issues that were | 14 | | not part of the initial request, the applicable timeline for a | 15 | | hearing, including the timeline under subsection (g-20) of this | 16 | | Section, shall recommence. | 17 | | (g-20) Within 15 days after receiving a request for a | 18 | | hearing from a parent or student (if at least 18 years of age | 19 | | or emancipated) or, in the event that the school district | 20 | | requests a hearing, within 15 days after initiating the | 21 | | request, the school district shall convene a resolution meeting | 22 | | with the parent and relevant members of the IEP team who have | 23 | | specific knowledge of the facts contained in the request for | 24 | | the purpose of resolving the problem that resulted in the | 25 | | request. The resolution meeting shall include a representative | 26 | | of the school district who has decision-making authority on |
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| 1 | | behalf of the school district. Unless the parent is accompanied | 2 | | by an attorney at the resolution meeting, the school district | 3 | | may not include an attorney representing the school district. | 4 | | The resolution meeting may not be waived unless agreed to | 5 | | in writing by the school district and the parent or student (if | 6 | | at least 18 years of age or emancipated) or the parent or | 7 | | student (if at least 18 years of age or emancipated) and the | 8 | | school district agree in writing to utilize mediation in place | 9 | | of the resolution meeting. If either party fails to cooperate | 10 | | in the scheduling or convening of the resolution meeting, the | 11 | | hearing officer may order an extension of the timeline for | 12 | | completion of the resolution meeting or, upon the motion of a | 13 | | party and at least 7 days after ordering the non-cooperating | 14 | | party to cooperate, order the dismissal of the hearing request | 15 | | or the granting of all relief set forth in the request, as | 16 | | appropriate. | 17 | | In the event that the school district and the parent or | 18 | | student (if at least 18 years of age or emancipated) agree to a | 19 | | resolution of the problem that resulted in the hearing request, | 20 | | the terms of the resolution shall be committed to writing and | 21 | | signed by the parent or student (if at least 18 years of age or | 22 | | emancipated) and the representative of the school district with | 23 | | decision-making authority. The agreement shall be legally | 24 | | binding and shall be enforceable in any State or federal court | 25 | | of competent jurisdiction. In the event that the parties | 26 | | utilize the resolution meeting process, the process shall |
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| 1 | | continue until no later than the 30th day following the receipt | 2 | | of the hearing request by the non-requesting party (or as | 3 | | properly extended by order of the hearing officer) to resolve | 4 | | the issues underlying the request, at which time the timeline | 5 | | for completion of the impartial due process hearing shall | 6 | | commence. The State Board of Education may, by rule, establish | 7 | | additional procedures for the conduct of resolution meetings. | 8 | | (g-25) If mutually agreed to in writing, the parties to a | 9 | | hearing request may request State-sponsored mediation as a | 10 | | substitute for the resolution process described in subsection | 11 | | (g-20) of this Section or may utilize mediation at the close of | 12 | | the resolution process if all issues underlying the hearing | 13 | | request have not been resolved through the resolution process. | 14 | | (g-30) If mutually agreed to in writing, the parties to a | 15 | | hearing request may waive the resolution process described in | 16 | | subsection (g-20) of this Section. Upon signing a written | 17 | | agreement to waive the resolution process, the parties shall be | 18 | | required to forward the written waiver to the hearing officer | 19 | | appointed to the case within 2 business days following the | 20 | | signing of the waiver by the parties. The timeline for the | 21 | | impartial due process hearing shall commence on the date of the | 22 | | signing of the waiver by the parties. | 23 | | (g-35) The timeline for completing the impartial due | 24 | | process hearing, as set forth in subsection (h) of this | 25 | | Section, shall be initiated upon the occurrence of any one of | 26 | | the following events: |
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| 1 | | (1) The unsuccessful completion of the resolution | 2 | | process as described in subsection (g-20) of this Section. | 3 | | (2) The mutual agreement of the parties to waive the | 4 | | resolution process as described in subsection (g-25) or | 5 | | (g-30) of this Section.
| 6 | | (g-40) The hearing officer shall convene a prehearing | 7 | | conference no later than 14
days before the scheduled date for | 8 | | the due process hearing for the general
purpose of aiding in | 9 | | the fair, orderly, and expeditious conduct of the hearing.
The | 10 | | hearing officer shall provide the parties with written notice | 11 | | of the
prehearing conference at least 7 days in advance of the | 12 | | conference. The
written notice shall require the parties to | 13 | | notify the hearing officer by a
date certain whether they | 14 | | intend to participate in the prehearing conference.
The hearing | 15 | | officer may conduct the prehearing conference in person or by
| 16 | | telephone. Each party shall at the prehearing conference (1) | 17 | | disclose whether
it is represented by legal counsel or intends | 18 | | to retain legal counsel; (2) clarify
matters it believes to be | 19 | | in dispute in the case and the specific relief
being sought; | 20 | | (3) disclose whether there are any additional evaluations for | 21 | | the student
that it intends to
introduce into the
hearing | 22 | | record that have not been previously disclosed to the other | 23 | | parties;
(4) disclose a list of all documents it intends to | 24 | | introduce into the hearing record,
including the date and a | 25 | | brief description of each document; and (5) disclose the names
| 26 | | of all witnesses it intends to call to testify at the hearing. |
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| 1 | | The hearing
officer shall specify the order of presentation to | 2 | | be used at the hearing. If
the
prehearing conference is held by | 3 | | telephone, the parties shall transmit the
information required | 4 | | in this paragraph in such a manner that it is available to
all | 5 | | parties at the time of the prehearing conference. The State | 6 | | Board of
Education may, by
rule, establish additional | 7 | | procedures for the conduct of prehearing
conferences.
| 8 | | (g-45) The
impartial due process hearing officer shall not | 9 | | initiate or participate in any
ex parte communications with the | 10 | | parties, except to arrange the date, time,
and location of the | 11 | | prehearing conference, due process hearing, or other status | 12 | | conferences convened at the discretion of the hearing officer
| 13 | | and to
receive confirmation of whether a party intends to | 14 | | participate in the
prehearing conference. | 15 | | (g-50) The parties shall disclose and provide to each other
| 16 | | any evidence which they intend to submit into the hearing | 17 | | record no later than
5 days before the hearing. Any party to a | 18 | | hearing has the right to prohibit
the introduction of any | 19 | | evidence at the hearing that has not been disclosed to
that | 20 | | party at least 5 days before the hearing. The party requesting | 21 | | a hearing shall not be permitted at the hearing to raise issues | 22 | | that were not raised in the party's initial or amended request, | 23 | | unless otherwise permitted in this Section.
| 24 | | (g-55) All reasonable efforts must be made by the parties | 25 | | to present their respective cases at the hearing within a | 26 | | cumulative period of 7 days. When scheduling hearing dates, the |
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| 1 | | hearing officer shall schedule the final day of the hearing no | 2 | | more than 30 calendar days after the first day of the hearing | 3 | | unless good cause is shown. This subsection (g-55) shall not be | 4 | | applied in a manner that (i) denies any party to the hearing a | 5 | | fair and reasonable allocation of time and opportunity to | 6 | | present its case in its entirety or (ii) deprives any party to | 7 | | the hearing of the safeguards accorded under the federal | 8 | | Individuals with Disabilities Education Improvement Act of | 9 | | 2004 (Public Law 108-446), regulations promulgated under the | 10 | | Individuals with Disabilities Education Improvement Act of | 11 | | 2004, or any other applicable law. The school district shall | 12 | | present evidence that the special education needs
of the child | 13 | | have been appropriately identified and that the special | 14 | | education
program and related services proposed to meet the | 15 | | needs of the child are
adequate, appropriate, and available. | 16 | | Any party to the hearing shall have the
right to (1) be | 17 | | represented
by counsel and be accompanied and advised by | 18 | | individuals with special knowledge
or training with respect to | 19 | | the problems of children with disabilities, at the
party's own | 20 | | expense; (2) present evidence and confront and cross-examine
| 21 | | witnesses; (3) move for the exclusion of witnesses from the | 22 | | hearing until they
are called to testify, provided, however, | 23 | | that this provision may not be
invoked to exclude the | 24 | | individual designated by a party to assist that party or
its | 25 | | representative in the presentation of the case; (4) obtain a | 26 | | written or
electronic verbatim record of
the proceedings within |
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| 1 | | 30 days of receipt of a written request from the parents
by the | 2 | | school district; and (5) obtain a written decision, including | 3 | | findings
of fact and conclusions of law, within 10 calendar | 4 | | days, excluding Saturday, Sunday, and any State holiday, after | 5 | | the conclusion of the
hearing.
If at issue, the school district | 6 | | shall present evidence that it has
properly identified and | 7 | | evaluated the nature and
severity of the student's suspected or | 8 | | identified disability and that, if the
student has been or | 9 | | should have been determined eligible for special education
and | 10 | | related services, that it is providing or has offered a free | 11 | | appropriate
public education to the student in the least | 12 | | restrictive environment,
consistent with
procedural safeguards | 13 | | and in accordance with an individualized educational
program.
| 14 | | At any time prior to the conclusion of the hearing, the | 15 | | impartial due
process hearing officer shall have the authority | 16 | | to require additional
information and order independent | 17 | | evaluations for the
student at the expense of the school | 18 | | district. The State Board of Education
and the school district | 19 | | shall share equally the costs of providing a written or
| 20 | | electronic verbatim record of the proceedings. Any party may | 21 | | request that the
due process hearing officer issue a subpoena | 22 | | to compel the testimony of
witnesses or the production of | 23 | | documents relevant to the
resolution of the hearing. Whenever a | 24 | | person refuses to comply with any
subpoena issued under this | 25 | | Section, the circuit court of the county in which
that hearing | 26 | | is pending, on application of the impartial hearing officer or |
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| 1 | | the
party requesting the issuance of the subpoena, may compel | 2 | | compliance through
the contempt powers of
the court in the same | 3 | | manner as if the requirements of a subpoena issued by the
court | 4 | | had been disobeyed.
| 5 | | (h) The impartial hearing officer shall issue a written | 6 | | decision, including
findings of fact and conclusions of law, | 7 | | within 10 calendar days, excluding Saturday, Sunday, and any | 8 | | State holiday, after the
conclusion of the hearing and send by | 9 | | certified mail a copy of the decision to the parents
or student | 10 | | (if the student requests the hearing), the school
district, the | 11 | | director of special education, legal representatives of the
| 12 | | parties, and the State Board of Education. Unless the hearing | 13 | | officer has
granted specific extensions of time at the request | 14 | | of a party, a final
decision, including the clarification of a | 15 | | decision requested under this
subsection, shall be reached and | 16 | | mailed to the parties named above not later
than 45 days after | 17 | | the initiation of the timeline for conducting the hearing, as | 18 | | described in subsection (g-35) of this Section. The
decision | 19 | | shall specify the educational and related services that shall | 20 | | be
provided to the student in accordance with the student's | 21 | | needs and the timeline for which the school district shall | 22 | | submit evidence to the State Board of Education to demonstrate | 23 | | compliance with the hearing officer's decision in the event | 24 | | that the decision orders the school district to undertake | 25 | | corrective action.
The hearing officer shall retain | 26 | | jurisdiction for the sole purpose of
considering a request for |
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| 1 | | clarification of the final decision submitted in
writing by a | 2 | | party to the impartial hearing officer within 5 days after | 3 | | receipt
of the decision.
A copy of the request for | 4 | | clarification shall specify the portions of the
decision for | 5 | | which clarification is sought and shall be mailed to all | 6 | | parties
of record and to the State Board of Education. The | 7 | | request shall
operate to stay implementation of those portions | 8 | | of the decision for which
clarification is sought, pending | 9 | | action on the request by the hearing officer,
unless the | 10 | | parties otherwise agree. The hearing officer shall issue a
| 11 | | clarification of the specified portion of the decision or issue | 12 | | a partial or
full denial of the request in writing within 10 | 13 | | days of receipt of the request
and mail copies to all parties | 14 | | to whom the decision was mailed. This
subsection does not | 15 | | permit a party to request, or authorize a hearing officer
to | 16 | | entertain, reconsideration of the decision itself. The statute | 17 | | of
limitations for seeking review of the decision shall be | 18 | | tolled from the date
the request is submitted until the date | 19 | | the hearing officer acts upon the
request. The hearing | 20 | | officer's decision shall be binding upon the school district
| 21 | | and the parents unless a civil action is commenced.
| 22 | | (i) Any party to an impartial due process hearing aggrieved | 23 | | by the final
written decision of the impartial due process | 24 | | hearing officer shall have the
right to commence a civil action | 25 | | with respect to the issues presented in the
impartial due | 26 | | process hearing. That civil action shall be brought in any
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| 1 | | court of competent jurisdiction within
120 days after a copy of | 2 | | the
decision of the impartial due process hearing officer is | 3 | | mailed to the party as
provided in
subsection (h). The civil | 4 | | action authorized by this subsection shall not be
exclusive of | 5 | | any rights or causes of action otherwise
available. The | 6 | | commencement of a civil action under this subsection shall
| 7 | | operate as a supersedeas. In any action brought under this | 8 | | subsection the
Court shall receive the records of the impartial | 9 | | due process hearing, shall
hear additional evidence at the | 10 | | request of a party, and, basing its decision on
the | 11 | | preponderance of the evidence, shall grant such relief as the | 12 | | court
determines is appropriate. In any instance where a school | 13 | | district willfully
disregards applicable regulations or | 14 | | statutes regarding a child covered by this
Article, and which | 15 | | disregard has been detrimental to the child, the school
| 16 | | district shall be liable for any reasonable attorney's fees | 17 | | incurred by the
parent in connection with proceedings under | 18 | | this Section.
| 19 | | (j) During the pendency of any administrative or judicial | 20 | | proceeding
conducted
pursuant to this Section, including | 21 | | mediation (if the school district or other public entity | 22 | | voluntarily agrees to participate in mediation), unless the | 23 | | school district and the
parents or student (if at least 18 | 24 | | years of age or emancipated) otherwise agree, the student shall | 25 | | remain in
his or her present educational placement and continue | 26 | | in his or her present
eligibility status and special education |
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| 1 | | and related services, if any. If mediation fails to resolve the | 2 | | dispute between the parties, or if the parties do not agree to | 3 | | use mediation, the parent (or student if 18 years of age or | 4 | | older or emancipated) shall have 10 days after the mediation | 5 | | concludes, or after a party declines to use mediation, to file | 6 | | a request for a due process hearing in order to continue to | 7 | | invoke the "stay-put" provisions of this subsection (j). If | 8 | | applying for initial admission to the
school district, the | 9 | | student shall, with the consent of the parents (if the student | 10 | | is not at least 18 years of age or emancipated), be placed in | 11 | | the school district program until all such proceedings
have | 12 | | been completed. The costs for any special education and related | 13 | | services
or placement incurred following 60 school days after | 14 | | the initial request for
evaluation shall be borne by the school | 15 | | district if the services or placement
is in accordance with the | 16 | | final determination as to the special education and
related | 17 | | services or placement that must be provided to the child, | 18 | | provided that
during that 60-day period there have been no | 19 | | delays caused by the child's
parent. The requirements and | 20 | | procedures of this subsection (j) shall be included in the | 21 | | uniform notices developed by the State Superintendent under | 22 | | subsection (g) of Section 14-8.02 of this Code.
| 23 | | (k) Whenever the parents of a child of the type described | 24 | | in
Section 14-1.02 are not known or are unavailable or the | 25 | | child is a youth in care as defined in Section 4d of the | 26 | | Children and Family Services Act, a person shall be assigned to |
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| 1 | | serve as surrogate parent for the child in
matters relating to | 2 | | the identification, evaluation, and educational placement
of | 3 | | the child and the provision of a free appropriate public | 4 | | education to the
child. Persons shall be assigned as surrogate | 5 | | parents by the State
Superintendent of Education. The State | 6 | | Board of Education shall promulgate
rules and regulations | 7 | | establishing qualifications of those persons and their
| 8 | | responsibilities and the procedures to be followed in making | 9 | | assignments of
persons as surrogate parents.
Surrogate parents | 10 | | shall not be employees of the school district, an agency
| 11 | | created by joint agreement under Section 10-22.31, an agency | 12 | | involved in the
education or care of the student, or the State | 13 | | Board of Education.
Services of any person assigned as | 14 | | surrogate parent shall terminate if the
parent
becomes | 15 | | available unless otherwise requested by the parents. The | 16 | | assignment of a person as surrogate parent at no time
| 17 | | supersedes, terminates, or suspends the parents' legal | 18 | | authority
relative to the child. Any person participating in | 19 | | good faith as surrogate
parent on behalf of the child before | 20 | | school officials or a hearing officer
shall have immunity from | 21 | | civil or criminal liability that otherwise might
result by | 22 | | reason of that participation, except in cases of willful and
| 23 | | wanton misconduct.
| 24 | | (l) At all stages of the hearing, the hearing officer shall | 25 | | require that
interpreters be made available by the school | 26 | | district for persons who are deaf
or for persons whose normally |
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| 1 | | spoken language is other than English.
| 2 | | (m) If any provision of this Section or its application to | 3 | | any person or
circumstance is held invalid, the invalidity of | 4 | | that provision or application
does not affect other provisions | 5 | | or applications of the Section that can be
given effect without | 6 | | the invalid application or provision, and to this end the
| 7 | | provisions of this Section are severable, unless otherwise | 8 | | provided by this
Section.
| 9 | | (Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17; | 10 | | 100-849, eff. 8-14-18; 100-863, eff. 8-14-18.)
| 11 | | (105 ILCS 5/21B-20) | 12 | | Sec. 21B-20. Types of licenses. The State Board of | 13 | | Education shall implement a system of educator licensure, | 14 | | whereby individuals employed in school districts who are | 15 | | required to be licensed must have one of the following | 16 | | licenses: (i) a professional educator license; (ii) an educator | 17 | | license with stipulations; (iii) a substitute teaching | 18 | | license; or (iv) until June 30, 2023, a short-term substitute | 19 | | teaching license. References in law regarding individuals | 20 | | certified or certificated or required to be certified or | 21 | | certificated under Article 21 of this Code shall also include | 22 | | individuals licensed or required to be licensed under this | 23 | | Article. The first year of all licenses ends on June 30 | 24 | | following one full year of the license being issued. | 25 | | The State Board of Education, in consultation with the |
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| 1 | | State Educator Preparation and Licensure Board, may adopt such | 2 | | rules as may be necessary to govern the requirements for | 3 | | licenses and endorsements under this Section. | 4 | | (1) Professional Educator License. Persons who (i) | 5 | | have successfully completed an approved educator | 6 | | preparation program and are recommended for licensure by | 7 | | the Illinois institution offering the educator preparation | 8 | | program, (ii) have successfully completed the required | 9 | | testing under Section 21B-30 of this Code, (iii) have | 10 | | successfully completed coursework on the psychology of, | 11 | | the identification of, and the methods of instruction for | 12 | | the exceptional child, including without limitation | 13 | | children with learning disabilities, (iv) have | 14 | | successfully completed coursework in methods of reading | 15 | | and reading in the content area, and (v) have met all other | 16 | | criteria established by rule of the State Board of | 17 | | Education shall be issued a Professional Educator License. | 18 | | All Professional Educator Licenses are valid until June 30 | 19 | | immediately following 5 years of the license being issued. | 20 | | The Professional Educator License shall be endorsed with | 21 | | specific areas and grade levels in which the individual is | 22 | | eligible to practice. For an early childhood education | 23 | | endorsement, an individual may satisfy the student | 24 | | teaching requirement of his or her early childhood teacher | 25 | | preparation program through placement in a setting with | 26 | | children from birth through grade 2, and the individual may |
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| 1 | | be paid and receive credit while student teaching. The | 2 | | student teaching experience must meet the requirements of | 3 | | and be approved by the individual's early childhood teacher | 4 | | preparation program. | 5 | | Individuals can receive subsequent endorsements on the | 6 | | Professional Educator License. Subsequent endorsements | 7 | | shall require a minimum of 24 semester hours of coursework | 8 | | in the endorsement area and passage of the applicable | 9 | | content area test, unless otherwise specified by rule. | 10 | | (2) Educator License with Stipulations. An Educator | 11 | | License with Stipulations shall be issued an endorsement | 12 | | that limits the license holder to one particular position | 13 | | or does not require completion of an approved educator | 14 | | program or both. | 15 | | An individual with an Educator License with | 16 | | Stipulations must not be employed by a school district or | 17 | | any other entity to replace any presently employed teacher | 18 | | who otherwise would not be replaced for any reason. | 19 | | An Educator License with Stipulations may be issued | 20 | | with the following endorsements: | 21 | | (A) (Blank). | 22 | | (B) Alternative provisional educator. An | 23 | | alternative provisional educator endorsement on an | 24 | | Educator License with Stipulations may be issued to an | 25 | | applicant who, at the time of applying for the | 26 | | endorsement, has done all of the following: |
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| 1 | | (i) Graduated from a regionally accredited | 2 | | college or university with a minimum of a | 3 | | bachelor's degree. | 4 | | (ii) Successfully completed the first phase of | 5 | | the Alternative Educator Licensure Program for | 6 | | Teachers, as described in Section 21B-50 of this | 7 | | Code. | 8 | | (iii) Passed a content area test, as required | 9 | | under Section 21B-30 of this Code. | 10 | | The alternative provisional educator endorsement is | 11 | | valid for 2 years of teaching and may be renewed for a | 12 | | third year by an individual meeting the requirements set | 13 | | forth in Section 21B-50 of this Code. | 14 | | (C) Alternative provisional superintendent. An | 15 | | alternative provisional superintendent endorsement on | 16 | | an Educator License with Stipulations entitles the | 17 | | holder to serve only as a superintendent or assistant | 18 | | superintendent in a school district's central office. | 19 | | This endorsement may only be issued to an applicant | 20 | | who, at the time of applying for the endorsement, has | 21 | | done all of the following: | 22 | | (i) Graduated from a regionally accredited | 23 | | college or university with a minimum of a master's | 24 | | degree in a management field other than education. | 25 | | (ii) Been employed for a period of at least 5 | 26 | | years in a management level position in a field |
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| 1 | | other than education. | 2 | | (iii) Successfully completed the first phase | 3 | | of an alternative route to superintendent | 4 | | endorsement program, as provided in Section 21B-55 | 5 | | of this Code. | 6 | | (iv) Passed a content area test required under | 7 | | Section 21B-30 of this Code. | 8 | | The endorsement is valid for 2 fiscal years in | 9 | | order to complete one full year of serving as a | 10 | | superintendent or assistant superintendent. | 11 | | (D) (Blank). | 12 | | (E) Career and technical educator. A career and | 13 | | technical educator endorsement on an Educator License | 14 | | with Stipulations may be issued to an applicant who has | 15 | | a minimum of 60 semester hours of coursework from a | 16 | | regionally accredited institution of higher education | 17 | | or an accredited trade and technical institution and | 18 | | has a minimum of 2,000 hours of experience outside of | 19 | | education in each area to be taught. | 20 | | The career and technical educator endorsement on | 21 | | an Educator License with Stipulations is valid until | 22 | | June 30 immediately following 5 years of the | 23 | | endorsement being issued and may be renewed. For | 24 | | individuals who were issued the career and technical | 25 | | educator endorsement on an Educator License with | 26 | | Stipulations on or after January 1, 2015, the license |
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| 1 | | may be renewed if the individual passes a test of work | 2 | | proficiency, as required under Section 21B-30 of this | 3 | | Code. | 4 | | An individual who holds a valid career and | 5 | | technical educator endorsement on an Educator License | 6 | | with Stipulations but does not hold a bachelor's degree | 7 | | may substitute teach in career and technical education | 8 | | classrooms. | 9 | | (F) Part-time provisional career and technical | 10 | | educator or provisional career and technical educator. | 11 | | A part-time provisional career and technical educator | 12 | | endorsement or a provisional career and technical | 13 | | educator endorsement on an Educator License with | 14 | | Stipulations may be issued to an applicant who has a | 15 | | minimum of 8,000 hours of work experience in the skill | 16 | | for which the applicant is seeking the endorsement. It | 17 | | is the responsibility of each employing school board | 18 | | and regional office of education to provide | 19 | | verification, in writing, to the State Superintendent | 20 | | of Education at the time the application is submitted | 21 | | that no qualified teacher holding a Professional | 22 | | Educator License or an Educator License with | 23 | | Stipulations with a career and technical educator | 24 | | endorsement is available and that actual circumstances | 25 | | require such issuance. | 26 | | The provisional career and technical educator |
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| 1 | | endorsement on an Educator License with Stipulations | 2 | | is valid until June 30 immediately following 5 years of | 3 | | the endorsement being issued and may be renewed for 5 | 4 | | years. For individuals who were issued the provisional | 5 | | career and technical educator endorsement on an | 6 | | Educator License with Stipulations on or after January | 7 | | 1, 2015, the license may be renewed if the individual | 8 | | passes a test of work proficiency, as required under | 9 | | Section 21B-30 of this Code. | 10 | | A part-time provisional career and technical | 11 | | educator endorsement on an Educator License with | 12 | | Stipulations may be issued for teaching no more than 2 | 13 | | courses of study for grades 6 through 12. The part-time | 14 | | provisional career and technical educator endorsement | 15 | | on an Educator License with Stipulations is valid until | 16 | | June 30 immediately following 5 years of the | 17 | | endorsement being issued and may be renewed for 5 years | 18 | | if the individual makes application for renewal. | 19 | | An individual who holds a provisional or part-time | 20 | | provisional career and technical educator endorsement | 21 | | on an Educator License with Stipulations but does not | 22 | | hold a bachelor's degree may substitute teach in career | 23 | | and technical education classrooms. | 24 | | (G) Transitional bilingual educator. A | 25 | | transitional bilingual educator endorsement on an | 26 | | Educator License with Stipulations may be issued for |
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| 1 | | the purpose of providing instruction in accordance | 2 | | with Article 14C of this Code to an applicant who | 3 | | provides satisfactory evidence that he or she meets all | 4 | | of the following requirements: | 5 | | (i) Possesses adequate speaking, reading, and | 6 | | writing ability in the language other than English | 7 | | in which transitional bilingual education is | 8 | | offered. | 9 | | (ii) Has the ability to successfully | 10 | | communicate in English. | 11 | | (iii) Either possessed, within 5 years | 12 | | previous to his or her applying for a transitional | 13 | | bilingual educator endorsement, a valid and | 14 | | comparable teaching certificate or comparable | 15 | | authorization issued by a foreign country or holds | 16 | | a degree from an institution of higher learning in | 17 | | a foreign country that the State Educator | 18 | | Preparation and Licensure Board determines to be | 19 | | the equivalent of a bachelor's degree from a | 20 | | regionally accredited institution of higher | 21 | | learning in the United States. | 22 | | A transitional bilingual educator endorsement | 23 | | shall be valid for prekindergarten through grade 12, is | 24 | | valid until June 30 immediately following 5 years of | 25 | | the endorsement being issued, and shall not be renewed. | 26 | | Persons holding a transitional bilingual educator |
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| 1 | | endorsement shall not be employed to replace any | 2 | | presently employed teacher who otherwise would not be | 3 | | replaced for any reason. | 4 | | (H) Language endorsement. In an effort to | 5 | | alleviate the shortage of teachers speaking a language | 6 | | other than English in the public schools, an individual | 7 | | who holds an Educator License with Stipulations may | 8 | | also apply for a language endorsement, provided that | 9 | | the applicant provides satisfactory evidence that he | 10 | | or she meets all of the following requirements: | 11 | | (i) Holds a transitional bilingual | 12 | | endorsement. | 13 | | (ii) Has demonstrated proficiency in the | 14 | | language for which the endorsement is to be issued | 15 | | by passing the applicable language content test | 16 | | required by the State Board of Education. | 17 | | (iii) Holds a bachelor's degree or higher from | 18 | | a regionally accredited institution of higher | 19 | | education or, for individuals educated in a | 20 | | country other than the United States, holds a | 21 | | degree from an institution of higher learning in a | 22 | | 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. |
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| 1 | | (iv) (Blank). | 2 | | A language endorsement on an Educator License with | 3 | | Stipulations is valid for prekindergarten through | 4 | | grade 12 for the same validity period as the | 5 | | individual's transitional bilingual educator | 6 | | endorsement on the Educator License with Stipulations | 7 | | and shall not be renewed. | 8 | | (I) Visiting international educator. A visiting | 9 | | international educator endorsement on an Educator | 10 | | License with Stipulations may be issued to an | 11 | | individual who is being recruited by a particular | 12 | | school district that conducts formal recruitment | 13 | | programs outside of the United States to secure the | 14 | | services of qualified teachers and who meets all of the | 15 | | following requirements: | 16 | | (i) Holds the equivalent of a minimum of a | 17 | | bachelor's degree issued in the United States. | 18 | | (ii) Has been prepared as a teacher at the | 19 | | grade level for which he or she will be employed. | 20 | | (iii) Has adequate content knowledge in the | 21 | | subject to be taught. | 22 | | (iv) Has an adequate command of the English | 23 | | language. | 24 | | A holder of a visiting international educator | 25 | | endorsement on an Educator License with Stipulations | 26 | | shall be permitted to teach in bilingual education |
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| 1 | | programs in the language that was the medium of | 2 | | instruction in his or her teacher preparation program, | 3 | | provided that he or she passes the English Language | 4 | | Proficiency Examination or another test of writing | 5 | | skills in English identified by the State Board of | 6 | | Education, in consultation with the State Educator | 7 | | Preparation and Licensure Board. | 8 | | A visiting international educator endorsement on | 9 | | an Educator License with Stipulations is valid for 3 | 10 | | years and shall not be renewed. | 11 | | (J) Paraprofessional educator. A paraprofessional | 12 | | educator endorsement on an Educator License with | 13 | | Stipulations may be issued to an applicant who holds a | 14 | | high school diploma or its recognized equivalent and | 15 | | either holds an associate's degree or a minimum of 60 | 16 | | semester hours of credit from a regionally accredited | 17 | | institution of higher education or has passed a | 18 | | paraprofessional competency test under subsection | 19 | | (c-5) of Section 21B-30 . The paraprofessional educator | 20 | | endorsement is valid until June 30 immediately | 21 | | following 5 years of the endorsement being issued and | 22 | | may be renewed through application and payment of the | 23 | | appropriate fee, as required under Section 21B-40 of | 24 | | this Code. An individual who holds only a | 25 | | paraprofessional educator endorsement is not subject | 26 | | to additional requirements in order to renew the |
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| 1 | | endorsement. | 2 | | (K) Chief school business official. A chief school | 3 | | business official endorsement on an Educator License | 4 | | with Stipulations may be issued to an applicant who | 5 | | qualifies by having a master's degree or higher, 2 | 6 | | years of full-time administrative experience in school | 7 | | business management or 2 years of university-approved | 8 | | practical experience, and a minimum of 24 semester | 9 | | hours of graduate credit in a program approved by the | 10 | | State Board of Education for the preparation of school | 11 | | business administrators and by passage of the | 12 | | applicable State tests, including an applicable | 13 | | content area test. | 14 | | The chief school business official endorsement may | 15 | | also be affixed to the Educator License with | 16 | | Stipulations of any holder who qualifies by having a | 17 | | master's degree in business administration, finance, | 18 | | accounting, or public administration and who completes | 19 | | an additional 6 semester hours of internship in school | 20 | | business management from a regionally accredited | 21 | | institution of higher education and passes the | 22 | | applicable State tests, including an applicable | 23 | | content area test. This endorsement shall be required | 24 | | for any individual employed as a chief school business | 25 | | official. | 26 | | The chief school business official endorsement on |
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| 1 | | an Educator License with Stipulations is valid until | 2 | | June 30 immediately following 5 years of the | 3 | | endorsement being issued and may be renewed if the | 4 | | license holder completes renewal requirements as | 5 | | required for individuals who hold a Professional | 6 | | Educator License endorsed for chief school business | 7 | | official under Section 21B-45 of this Code and such | 8 | | rules as may be adopted by the State Board of | 9 | | Education. | 10 | | The State Board of Education shall adopt any rules | 11 | | necessary to implement Public Act 100-288. | 12 | | (L) Provisional in-state educator. A provisional | 13 | | in-state educator endorsement on an Educator License | 14 | | with Stipulations may be issued to a candidate who has | 15 | | completed an Illinois-approved educator preparation | 16 | | program at an Illinois institution of higher education | 17 | | and who has not successfully completed an | 18 | | evidence-based assessment of teacher effectiveness but | 19 | | who meets all of the following requirements: | 20 | | (i) Holds at least a bachelor's degree. | 21 | | (ii) Has completed an approved educator | 22 | | preparation program at an Illinois institution. | 23 | | (iii) Has passed an applicable content area | 24 | | test, as required by Section 21B-30 of this Code. | 25 | | (iv) Has attempted an evidence-based | 26 | | assessment of teacher effectiveness and received a |
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| 1 | | minimum score on that assessment, as established | 2 | | by the State Board of Education in consultation | 3 | | with the State Educator Preparation and Licensure | 4 | | Board. | 5 | | A provisional in-state educator endorsement on an | 6 | | Educator License with Stipulations is valid for one | 7 | | full fiscal year after the date of issuance and may not | 8 | | be renewed. | 9 | | (M) School support personnel intern. A school | 10 | | support personnel intern endorsement on an Educator | 11 | | License with Stipulations may be issued as specified by | 12 | | rule. | 13 | | (N) Special education area. A special education | 14 | | area endorsement on an Educator License with | 15 | | Stipulations may be issued as defined and specified by | 16 | | rule. | 17 | | (3) Substitute Teaching License. A Substitute Teaching | 18 | | License may be issued to qualified applicants for | 19 | | substitute teaching in all grades of the public schools, | 20 | | prekindergarten through grade 12. Substitute Teaching | 21 | | Licenses are not eligible for endorsements. Applicants for | 22 | | a Substitute Teaching License must hold a bachelor's degree | 23 | | or higher from a regionally accredited institution of | 24 | | higher education. | 25 | | Substitute Teaching Licenses are valid for 5 years. | 26 | | Substitute Teaching Licenses are valid for substitute |
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| 1 | | teaching in every county of this State. If an individual | 2 | | has had his or her Professional Educator License or | 3 | | Educator License with Stipulations suspended or revoked, | 4 | | then that individual is not eligible to obtain a Substitute | 5 | | Teaching License. | 6 | | A substitute teacher may only teach in the place of a | 7 | | licensed teacher who is under contract with the employing | 8 | | board. If, however, there is no licensed teacher under | 9 | | contract because of an emergency situation, then a district | 10 | | may employ a substitute teacher for no longer than 30 | 11 | | calendar days per each vacant position in the district if | 12 | | the district notifies the appropriate regional office of | 13 | | education within 5 business days after the employment of | 14 | | the substitute teacher in the emergency situation. An | 15 | | emergency situation is one in which an unforeseen vacancy | 16 | | has occurred and (i) a teacher is unable to fulfill his or | 17 | | her contractual duties or (ii) teacher capacity needs of | 18 | | the district exceed previous indications, and the district | 19 | | is actively engaged in advertising to hire a fully licensed | 20 | | teacher for the vacant position. | 21 | | There is no limit on the number of days that a | 22 | | substitute teacher may teach in a single school district, | 23 | | provided that no substitute teacher may teach for longer | 24 | | than 90 school days for any one licensed teacher under | 25 | | contract in the same school year. A substitute teacher who | 26 | | holds a Professional Educator License or Educator License |
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| 1 | | with Stipulations shall not teach for more than 120 school | 2 | | days for any one licensed teacher under contract in the | 3 | | same school year. The limitations in this paragraph (3) on | 4 | | the number of days a substitute teacher may be employed do | 5 | | not apply to any school district operating under Article 34 | 6 | | of this Code. | 7 | | A school district may not require an individual who | 8 | | holds a valid Professional Educator License or Educator | 9 | | License with Stipulations to seek or hold a Substitute | 10 | | Teaching License to teach as a substitute teacher. | 11 | | (4) Short-Term Substitute Teaching License. Beginning | 12 | | on July 1, 2018 and until June 30, 2023, the State Board of | 13 | | Education may issue a Short-Term Substitute Teaching | 14 | | License. A Short-Term Substitute Teaching License may be | 15 | | issued to a qualified applicant for substitute teaching in | 16 | | all grades of the public schools, prekindergarten through | 17 | | grade 12. Short-Term Substitute Teaching Licenses are not | 18 | | eligible for endorsements. Applicants for a Short-Term | 19 | | Substitute Teaching License must hold an associate's | 20 | | degree or have completed at least 60 credit hours from a | 21 | | regionally accredited institution of higher education. | 22 | | Short-Term Substitute Teaching Licenses are valid for | 23 | | substitute teaching in every county of this State. If an | 24 | | individual has had his or her Professional Educator License | 25 | | or Educator License with Stipulations suspended or | 26 | | revoked, then that individual is not eligible to obtain a |
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| 1 | | Short-Term Substitute Teaching License. | 2 | | The provisions of Sections 10-21.9 and 34-18.5 of this | 3 | | Code apply to short-term substitute teachers. | 4 | | An individual holding a Short-Term Substitute Teaching | 5 | | License may teach no more than 5 consecutive days per | 6 | | licensed teacher who is under contract. For teacher | 7 | | absences lasting 6 or more days per licensed teacher who is | 8 | | under contract, a school district may not hire an | 9 | | individual holding a Short-Term Substitute Teaching | 10 | | License. An individual holding a Short-Term Substitute | 11 | | Teaching License must complete the training program under | 12 | | Section 10-20.67 or 34-18.60 of this Code to be eligible to | 13 | | teach at a public school. This paragraph (4) is inoperative | 14 | | on and after July 1, 2023.
| 15 | | (Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, | 16 | | eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18; | 17 | | 100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff. | 18 | | 8-7-19.)
| 19 | | (105 ILCS 5/21B-30)
| 20 | | Sec. 21B-30. Educator testing. | 21 | | (a) (Blank). This Section applies beginning on July 1, | 22 | | 2012. | 23 | | (b) The State Board of Education, in consultation with the | 24 | | State Educator Preparation and Licensure Board, shall design | 25 | | and implement a system of examinations, which shall be required |
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| 1 | | prior to the issuance of educator licenses. These examinations | 2 | | and indicators must be based on national and State professional | 3 | | teaching standards, as determined by the State Board of | 4 | | Education, in consultation with the State Educator Preparation | 5 | | and Licensure Board. The State Board of Education may adopt | 6 | | such rules as may be necessary to implement and administer this | 7 | | Section. | 8 | | (c) (Blank). | 9 | | (c-5) The State Board must adopt rules to implement a | 10 | | paraprofessional competency test. This test would allow an | 11 | | applicant seeking an Educator License with Stipulations with a | 12 | | paraprofessional educator endorsement to obtain the | 13 | | endorsement if he or she passes the test and meets the other | 14 | | requirements of subparagraph (J) of paragraph (2) of Section | 15 | | 21B-20 other than the higher education requirements. | 16 | | (d) All applicants seeking a State license shall be | 17 | | required to pass a test of content area knowledge for each area | 18 | | of endorsement for which there is an applicable test. There | 19 | | shall be no exception to this requirement. No candidate shall | 20 | | be allowed to student teach or serve as the teacher of record | 21 | | until he or she has passed the applicable content area test. | 22 | | (e) (Blank). | 23 | | (f) Except as otherwise provided in this Article, beginning | 24 | | on September 1, 2015, all candidates completing teacher | 25 | | preparation programs in this State and all candidates subject | 26 | | to Section 21B-35 of this Code are required to pass a teacher |
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| 1 | | performance assessment approved by the State Board of | 2 | | Education, in consultation with the State Educator Preparation | 3 | | and Licensure Board. Subject to appropriation, an individual | 4 | | who holds a Professional Educator License and is employed for a | 5 | | minimum of one school year by a school district designated as | 6 | | Tier 1 under Section 18-8.15 may, after application to the | 7 | | State Board, receive from the State Board a refund for any | 8 | | costs associated with completing the teacher performance | 9 | | assessment under this subsection. | 10 | | (g) The content area knowledge test and the teacher | 11 | | performance assessment shall be the tests that from time to | 12 | | time are designated by the State Board of Education, in | 13 | | consultation with the State Educator Preparation and Licensure | 14 | | Board, and may be tests prepared by an educational testing | 15 | | organization or tests designed by the State Board of Education, | 16 | | in consultation with the State Educator Preparation and | 17 | | Licensure Board. The test of content area knowledge shall | 18 | | assess content knowledge in a specific subject field. The tests | 19 | | must be designed to be racially neutral to ensure that no | 20 | | person taking the tests is discriminated against on the basis | 21 | | of race, color, national origin, or other factors unrelated to | 22 | | the person's ability to perform as a licensed employee. The | 23 | | score required to pass the tests shall be fixed by the State | 24 | | Board of Education, in consultation with the State Educator | 25 | | Preparation and Licensure Board. The tests shall be | 26 | | administered not fewer than 3 times a year at such time and |
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| 1 | | place as may be designated by the State Board of Education, in | 2 | | consultation with the State Educator Preparation and Licensure | 3 | | Board. | 4 | | The State Board shall implement a test or tests to assess | 5 | | the speaking, reading, writing, and grammar skills of | 6 | | applicants for an endorsement or a license issued under | 7 | | subdivision (G) of paragraph (2) of Section 21B-20 of this Code | 8 | | in the English language and in the language of the transitional | 9 | | bilingual education program requested by the applicant. | 10 | | (h) Except as provided in Section 34-6 of this Code, the | 11 | | provisions of this Section shall apply equally in any school | 12 | | district subject to Article 34 of this Code. | 13 | | (i) The rules developed to implement and enforce the | 14 | | testing requirements under this Section shall include without | 15 | | limitation provisions governing test selection, test | 16 | | validation and determination of a passing score, | 17 | | administration of the tests, frequency of administration, | 18 | | applicant fees, frequency of applicants taking the tests, the | 19 | | years for which a score is valid, and appropriate special | 20 | | accommodations. The State Board of Education shall develop such | 21 | | rules as may be needed to ensure uniformity from year to year | 22 | | in the level of difficulty for each form of an assessment.
| 23 | | (Source: P.A. 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; | 24 | | 100-932, eff. 8-17-18; 101-81, eff. 7-12-19; 101-220, eff. | 25 | | 8-7-19.)
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| 1 | | (105 ILCS 5/27A-10)
| 2 | | Sec. 27A-10. Employees.
| 3 | | (a) A person shall be deemed to be employed by a charter | 4 | | school unless a
collective bargaining agreement or the charter | 5 | | school
contract otherwise provides.
| 6 | | (b) In all school districts, including special charter | 7 | | districts and
districts located in
cities having a population | 8 | | exceeding 500,000, the local school board shall
determine by | 9 | | policy or by negotiated
agreement, if one exists, the | 10 | | employment status of any school district
employees who are | 11 | | employed by a charter school and who seek to return to
| 12 | | employment in the public
schools of the district. Each local | 13 | | school board shall grant, for a period of
up to 5 years, a | 14 | | leave of absence to those of its teachers who accept
employment | 15 | | with a charter school. At the end of the authorized leave of
| 16 | | absence, the teacher must return to the school district or | 17 | | resign; provided ,
however, that if the teacher chooses to | 18 | | return to the school district, the
teacher must be assigned to | 19 | | a position that which requires the teacher's licensure
| 20 | | certification and legal qualifications. The
contractual
| 21 | | continued service status and retirement benefits of a
teacher | 22 | | of the district who is granted a leave of absence to accept | 23 | | employment
with a charter school shall not be affected by that | 24 | | leave of absence.
| 25 | | (c) Charter schools shall employ in instructional | 26 | | positions, as defined in
the charter, individuals who are |
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| 1 | | licensed certificated under Article 21B 21 of this
Code or who | 2 | | possess the following qualifications:
| 3 | | (i) graduated with a bachelor's degree from an | 4 | | accredited institution of
higher learning;
| 5 | | (ii) been employed for a period of at least 5 years in | 6 | | an area requiring
application of the individual's | 7 | | education;
| 8 | | (iii) passed a content area knowledge test required | 9 | | under Section 21B-30 of this Code (blank) ; and
| 10 | | (iv) demonstrate continuing evidence of professional | 11 | | growth , which shall
include, but not be limited to, | 12 | | successful teaching experience, attendance at
professional | 13 | | meetings, membership in professional organizations, | 14 | | additional
credits earned at institutions of higher | 15 | | learning, travel specifically for
educational purposes, | 16 | | and reading of professional books and periodicals.
| 17 | | (c-5) Charter schools employing individuals without | 18 | | licensure certification in
instructional positions shall | 19 | | provide such mentoring, training, and staff
development for | 20 | | those individuals as the charter schools determine necessary
| 21 | | for satisfactory performance in the classroom.
| 22 | | At least 50% of the
individuals
employed in instructional | 23 | | positions by a charter school that is operating in a
city
| 24 | | having a population exceeding 500,000 and that is
established | 25 | | on or after April 16, 2003 shall hold teaching licenses | 26 | | certificates issued under
Article 21B 21 of this Code.
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| 1 | | At
least 75% of the individuals employed in instructional | 2 | | positions by a
charter school that is operating in a city | 3 | | having a population exceeding
500,000 and that was
established | 4 | | before April 16, 2003 shall hold teaching licenses certificates | 5 | | issued under
Article 21B 21 of this Code.
| 6 | | (c-10) Notwithstanding any provision in subsection (c-5) | 7 | | to the contrary, in any charter school established before , on, | 8 | | or after July 30, 2009 ( the effective date of Public Act | 9 | | 96-105) this amendatory Act of the 96th General Assembly , at | 10 | | least 75% of the individuals employed in instructional | 11 | | positions by the charter school shall hold teaching licenses | 12 | | certificates issued under Article 21B 21 of this Code beginning | 13 | | with the 2012-2013 school year . In any charter school | 14 | | established after the effective date of this amendatory Act of | 15 | | the 96th General Assembly, at least 75% of the individuals | 16 | | employed in instructional positions by a charter school shall | 17 | | hold teaching certificates issued under Article 21 of this Code | 18 | | by the beginning of the fourth school year during which a | 19 | | student is enrolled in the charter school. Charter schools may | 20 | | employ non-licensed non-certificated staff in all other | 21 | | positions. | 22 | | (c-15) Charter schools are
exempt from any annual cap on | 23 | | new
participants in an alternative educator licensure | 24 | | certification program. The second
and third phases of the | 25 | | alternative certification program may
be conducted and | 26 | | completed at the charter school, and the
alternative |
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| 1 | | provisional educator endorsement teaching certificate is valid | 2 | | for 4 years or the length
of the charter (or any extension of | 3 | | the charter), whichever is longer.
| 4 | | (d) A teacher at a charter school may resign his or her | 5 | | position only if
the teacher gives notice of resignation to the | 6 | | charter school's governing body
at least 60 days before the end | 7 | | of the school term, and the resignation must
take effect | 8 | | immediately upon the end of the school term.
| 9 | | (Source: P.A. 101-220, eff. 8-7-19.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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