Full Text of SB1952 101st General Assembly
SB1952sam001 101ST GENERAL ASSEMBLY | Sen. Andy Manar Filed: 4/5/2019
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| 1 | | AMENDMENT TO SENATE BILL 1952
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1952 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 15-155 and 16-158 as follows:
| 6 | | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
| 7 | | Sec. 15-155. Employer contributions.
| 8 | | (a) The State of Illinois shall make contributions by | 9 | | appropriations of
amounts which, together with the other | 10 | | employer contributions from trust,
federal, and other funds, | 11 | | employee contributions, income from investments,
and other | 12 | | income of this System, will be sufficient to meet the cost of
| 13 | | maintaining and administering the System on a 90% funded basis | 14 | | in accordance
with actuarial recommendations.
| 15 | | The Board shall determine the amount of State contributions | 16 | | required for
each fiscal year on the basis of the actuarial |
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| 1 | | tables and other assumptions
adopted by the Board and the | 2 | | recommendations of the actuary, using the formula
in subsection | 3 | | (a-1).
| 4 | | (a-1) For State fiscal years 2012 through 2045, the minimum | 5 | | contribution
to the System to be made by the State for each | 6 | | fiscal year shall be an amount
determined by the System to be | 7 | | sufficient to bring the total assets of the
System up to 90% of | 8 | | the total actuarial liabilities of the System by the end of
| 9 | | State fiscal year 2045. In making these determinations, the | 10 | | required State
contribution shall be calculated each year as a | 11 | | level percentage of payroll
over the years remaining to and | 12 | | including fiscal year 2045 and shall be
determined under the | 13 | | projected unit credit actuarial cost method.
| 14 | | For each of State fiscal years 2018, 2019, and 2020, the | 15 | | State shall make an additional contribution to the System equal | 16 | | to 2% of the total payroll of each employee who is deemed to | 17 | | have elected the benefits under Section 1-161 or who has made | 18 | | the election under subsection (c) of Section 1-161. | 19 | | A change in an actuarial or investment assumption that | 20 | | increases or
decreases the required State contribution and | 21 | | first
applies in State fiscal year 2018 or thereafter shall be
| 22 | | implemented in equal annual amounts over a 5-year period
| 23 | | beginning in the State fiscal year in which the actuarial
| 24 | | change first applies to the required State contribution. | 25 | | A change in an actuarial or investment assumption that | 26 | | increases or
decreases the required State contribution and |
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| 1 | | first
applied to the State contribution in fiscal year 2014, | 2 | | 2015, 2016, or 2017 shall be
implemented: | 3 | | (i) as already applied in State fiscal years before | 4 | | 2018; and | 5 | | (ii) in the portion of the 5-year period beginning in | 6 | | the State fiscal year in which the actuarial
change first | 7 | | applied that occurs in State fiscal year 2018 or | 8 | | thereafter, by calculating the change in equal annual | 9 | | amounts over that 5-year period and then implementing it at | 10 | | the resulting annual rate in each of the remaining fiscal | 11 | | years in that 5-year period. | 12 | | For State fiscal years 1996 through 2005, the State | 13 | | contribution to
the System, as a percentage of the applicable | 14 | | employee payroll, shall be
increased in equal annual increments | 15 | | so that by State fiscal year 2011, the
State is contributing at | 16 | | the rate required under this Section.
| 17 | | Notwithstanding any other provision of this Article, the | 18 | | total required State
contribution for State fiscal year 2006 is | 19 | | $166,641,900.
| 20 | | Notwithstanding any other provision of this Article, the | 21 | | total required State
contribution for State fiscal year 2007 is | 22 | | $252,064,100.
| 23 | | For each of State fiscal years 2008 through 2009, the State | 24 | | contribution to
the System, as a percentage of the applicable | 25 | | employee payroll, shall be
increased in equal annual increments | 26 | | from the required State contribution for State fiscal year |
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| 1 | | 2007, so that by State fiscal year 2011, the
State is | 2 | | contributing at the rate otherwise required under this Section.
| 3 | | Notwithstanding any other provision of this Article, the | 4 | | total required State contribution for State fiscal year 2010 is | 5 | | $702,514,000 and shall be made from the State Pensions Fund and | 6 | | proceeds of bonds sold in fiscal year 2010 pursuant to Section | 7 | | 7.2 of the General Obligation Bond Act, less (i) the pro rata | 8 | | share of bond sale expenses determined by the System's share of | 9 | | total bond proceeds, (ii) any amounts received from the General | 10 | | Revenue Fund in fiscal year 2010, (iii) any reduction in bond | 11 | | proceeds due to the issuance of discounted bonds, if | 12 | | applicable. | 13 | | Notwithstanding any other provision of this Article, the
| 14 | | total required State contribution for State fiscal year 2011 is
| 15 | | the amount recertified by the System on or before April 1, 2011 | 16 | | pursuant to Section 15-165 and shall be made from the State | 17 | | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 | 18 | | pursuant to Section
7.2 of the General Obligation Bond Act, | 19 | | less (i) the pro rata
share of bond sale expenses determined by | 20 | | the System's share of
total bond proceeds, (ii) any amounts | 21 | | received from the General
Revenue Fund in fiscal year 2011, and | 22 | | (iii) any reduction in bond
proceeds due to the issuance of | 23 | | discounted bonds, if
applicable. | 24 | | Beginning in State fiscal year 2046, the minimum State | 25 | | contribution for
each fiscal year shall be the amount needed to | 26 | | maintain the total assets of
the System at 90% of the total |
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| 1 | | actuarial liabilities of the System.
| 2 | | Amounts received by the System pursuant to Section 25 of | 3 | | the Budget Stabilization Act or Section 8.12 of the State | 4 | | Finance Act in any fiscal year do not reduce and do not | 5 | | constitute payment of any portion of the minimum State | 6 | | contribution required under this Article in that fiscal year. | 7 | | Such amounts shall not reduce, and shall not be included in the | 8 | | calculation of, the required State contributions under this | 9 | | Article in any future year until the System has reached a | 10 | | funding ratio of at least 90%. A reference in this Article to | 11 | | the "required State contribution" or any substantially similar | 12 | | term does not include or apply to any amounts payable to the | 13 | | System under Section 25 of the Budget Stabilization Act. | 14 | | Notwithstanding any other provision of this Section, the | 15 | | required State
contribution for State fiscal year 2005 and for | 16 | | fiscal year 2008 and each fiscal year thereafter, as
calculated | 17 | | under this Section and
certified under Section 15-165, shall | 18 | | not exceed an amount equal to (i) the
amount of the required | 19 | | State contribution that would have been calculated under
this | 20 | | Section for that fiscal year if the System had not received any | 21 | | payments
under subsection (d) of Section 7.2 of the General | 22 | | Obligation Bond Act, minus
(ii) the portion of the State's | 23 | | total debt service payments for that fiscal
year on the bonds | 24 | | issued in fiscal year 2003 for the purposes of that Section | 25 | | 7.2, as determined
and certified by the Comptroller, that is | 26 | | the same as the System's portion of
the total moneys |
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| 1 | | distributed under subsection (d) of Section 7.2 of the General
| 2 | | Obligation Bond Act. In determining this maximum for State | 3 | | fiscal years 2008 through 2010, however, the amount referred to | 4 | | in item (i) shall be increased, as a percentage of the | 5 | | applicable employee payroll, in equal increments calculated | 6 | | from the sum of the required State contribution for State | 7 | | fiscal year 2007 plus the applicable portion of the State's | 8 | | total debt service payments for fiscal year 2007 on the bonds | 9 | | issued in fiscal year 2003 for the purposes of Section 7.2 of | 10 | | the General
Obligation Bond Act, so that, by State fiscal year | 11 | | 2011, the
State is contributing at the rate otherwise required | 12 | | under this Section.
| 13 | | (a-2) Beginning in fiscal year 2018, each employer under | 14 | | this Article shall pay to the System a required contribution | 15 | | determined as a percentage of projected payroll and sufficient | 16 | | to produce an annual amount equal to: | 17 | | (i) for each of fiscal years 2018, 2019, and 2020, the | 18 | | defined benefit normal cost of the defined benefit plan, | 19 | | less the employee contribution, for each employee of that | 20 | | employer who has elected or who is deemed to have elected | 21 | | the benefits under Section 1-161 or who has made the | 22 | | election under subsection (c) of Section 1-161; for fiscal | 23 | | year 2021 and each fiscal year thereafter, the defined | 24 | | benefit normal cost of the defined benefit plan, less the | 25 | | employee contribution, plus 2%, for each employee of that | 26 | | employer who has elected or who is deemed to have elected |
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| 1 | | the benefits under Section 1-161 or who has made the | 2 | | election under subsection (c) of Section 1-161; plus | 3 | | (ii) the amount required for that fiscal year to | 4 | | amortize any unfunded actuarial accrued liability | 5 | | associated with the present value of liabilities | 6 | | attributable to the employer's account under Section | 7 | | 15-155.2, determined
as a level percentage of payroll over | 8 | | a 30-year rolling amortization period. | 9 | | In determining contributions required under item (i) of | 10 | | this subsection, the System shall determine an aggregate rate | 11 | | for all employers, expressed as a percentage of projected | 12 | | payroll. | 13 | | In determining the contributions required under item (ii) | 14 | | of this subsection, the amount shall be computed by the System | 15 | | on the basis of the actuarial assumptions and tables used in | 16 | | the most recent actuarial valuation of the System that is | 17 | | available at the time of the computation. | 18 | | The contributions required under this subsection (a-2) | 19 | | shall be paid by an employer concurrently with that employer's | 20 | | payroll payment period. The State, as the actual employer of an | 21 | | employee, shall make the required contributions under this | 22 | | subsection. | 23 | | As used in this subsection, "academic year" means the | 24 | | 12-month period beginning September 1. | 25 | | (b) If an employee is paid from trust or federal funds, the | 26 | | employer
shall pay to the Board contributions from those funds |
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| 1 | | which are
sufficient to cover the accruing normal costs on | 2 | | behalf of the employee.
However, universities having employees | 3 | | who are compensated out of local
auxiliary funds, income funds, | 4 | | or service enterprise funds are not required
to pay such | 5 | | contributions on behalf of those employees. The local auxiliary
| 6 | | funds, income funds, and service enterprise funds of | 7 | | universities shall not be
considered trust funds for the | 8 | | purpose of this Article, but funds of alumni
associations, | 9 | | foundations, and athletic associations which are affiliated | 10 | | with
the universities included as employers under this Article | 11 | | and other employers
which do not receive State appropriations | 12 | | are considered to be trust funds for
the purpose of this | 13 | | Article.
| 14 | | (b-1) The City of Urbana and the City of Champaign shall | 15 | | each make
employer contributions to this System for their | 16 | | respective firefighter
employees who participate in this | 17 | | System pursuant to subsection (h) of Section
15-107. The rate | 18 | | of contributions to be made by those municipalities shall
be | 19 | | determined annually by the Board on the basis of the actuarial | 20 | | assumptions
adopted by the Board and the recommendations of the | 21 | | actuary, and shall be
expressed as a percentage of salary for | 22 | | each such employee. The Board shall
certify the rate to the | 23 | | affected municipalities as soon as may be practical.
The | 24 | | employer contributions required under this subsection shall be | 25 | | remitted by
the municipality to the System at the same time and | 26 | | in the same manner as
employee contributions.
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| 1 | | (c) Through State fiscal year 1995: The total employer | 2 | | contribution shall
be apportioned among the various funds of | 3 | | the State and other employers,
whether trust, federal, or other | 4 | | funds, in accordance with actuarial procedures
approved by the | 5 | | Board. State of Illinois contributions for employers receiving
| 6 | | State appropriations for personal services shall be payable | 7 | | from appropriations
made to the employers or to the System. The | 8 | | contributions for Class I
community colleges covering earnings | 9 | | other than those paid from trust and
federal funds, shall be | 10 | | payable solely from appropriations to the Illinois
Community | 11 | | College Board or the System for employer contributions.
| 12 | | (d) Beginning in State fiscal year 1996, the required State | 13 | | contributions
to the System shall be appropriated directly to | 14 | | the System and shall be payable
through vouchers issued in | 15 | | accordance with subsection (c) of Section 15-165, except as | 16 | | provided in subsection (g).
| 17 | | (e) The State Comptroller shall draw warrants payable to | 18 | | the System upon
proper certification by the System or by the | 19 | | employer in accordance with the
appropriation laws and this | 20 | | Code.
| 21 | | (f) Normal costs under this Section means liability for
| 22 | | pensions and other benefits which accrues to the System because | 23 | | of the
credits earned for service rendered by the participants | 24 | | during the
fiscal year and expenses of administering the | 25 | | System, but shall not
include the principal of or any | 26 | | redemption premium or interest on any bonds
issued by the Board |
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| 1 | | or any expenses incurred or deposits required in
connection | 2 | | therewith.
| 3 | | (g) If For academic years beginning on or after June 1, | 4 | | 2005 and before July 1, 2018 and for earnings paid to a | 5 | | participant under a contract or collective bargaining | 6 | | agreement entered into, amended, or renewed before the | 7 | | effective date of this amendatory Act of the 100th General | 8 | | Assembly, if the amount of a participant's earnings for any | 9 | | academic year used to determine the final rate of earnings, | 10 | | determined on a full-time equivalent basis, exceeds the amount | 11 | | of his or her earnings with the same employer for the previous | 12 | | academic year, determined on a full-time equivalent basis, by | 13 | | more than 6%, the participant's employer shall pay to the | 14 | | System, in addition to all other payments required under this | 15 | | Section and in accordance with guidelines established by the | 16 | | System, the present value of the increase in benefits resulting | 17 | | from the portion of the increase in earnings that is in excess | 18 | | of 6%. This present value shall be computed by the System on | 19 | | the basis of the actuarial assumptions and tables used in the | 20 | | most recent actuarial valuation of the System that is available | 21 | | at the time of the computation. The System may require the | 22 | | employer to provide any pertinent information or | 23 | | documentation. | 24 | | Whenever it determines that a payment is or may be required | 25 | | under this subsection (g), the System shall calculate the | 26 | | amount of the payment and bill the employer for that amount. |
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| 1 | | The bill shall specify the calculations used to determine the | 2 | | amount due. If the employer disputes the amount of the bill, it | 3 | | may, within 30 days after receipt of the bill, apply to the | 4 | | System in writing for a recalculation. The application must | 5 | | specify in detail the grounds of the dispute and, if the | 6 | | employer asserts that the calculation is subject to subsection | 7 | | (h) or (i) of this Section or that subsection (g-1) applies , | 8 | | must include an affidavit setting forth and attesting to all | 9 | | facts within the employer's knowledge that are pertinent to the | 10 | | applicability of that subsection. Upon receiving a timely | 11 | | application for recalculation, the System shall review the | 12 | | application and, if appropriate, recalculate the amount due.
| 13 | | The employer contributions required under this subsection | 14 | | (g) may be paid in the form of a lump sum within 90 days after | 15 | | receipt of the bill. If the employer contributions are not paid | 16 | | within 90 days after receipt of the bill, then interest will be | 17 | | charged at a rate equal to the System's annual actuarially | 18 | | assumed rate of return on investment compounded annually from | 19 | | the 91st day after receipt of the bill. Payments must be | 20 | | concluded within 3 years after the employer's receipt of the | 21 | | bill. | 22 | | When assessing payment for any amount due under this | 23 | | subsection (g), the System shall include earnings, to the | 24 | | extent not established by a participant under Section 15-113.11 | 25 | | or 15-113.12, that would have been paid to the participant had | 26 | | the participant not taken (i) periods of voluntary or |
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| 1 | | involuntary furlough occurring on or after July 1, 2015 and on | 2 | | or before June 30, 2017 or (ii) periods of voluntary pay | 3 | | reduction in lieu of furlough occurring on or after July 1, | 4 | | 2015 and on or before June 30, 2017. Determining earnings that | 5 | | would have been paid to a participant had the participant not | 6 | | taken periods of voluntary or involuntary furlough or periods | 7 | | of voluntary pay reduction shall be the responsibility of the | 8 | | employer, and shall be reported in a manner prescribed by the | 9 | | System. | 10 | | This subsection (g) does not apply to (1) Tier 2 hybrid | 11 | | plan members and (2) Tier 2 defined benefit members who first | 12 | | participate under this Article on or after the implementation | 13 | | date of the Optional Hybrid Plan. | 14 | | (g-1) (Blank). For academic years beginning on or after | 15 | | July 1, 2018 and for earnings paid to a participant under a | 16 | | contract or collective bargaining agreement entered into, | 17 | | amended, or renewed on or after the effective date of this | 18 | | amendatory Act of the 100th General Assembly , if the amount of | 19 | | a participant's earnings for any academic year used to | 20 | | determine the final rate of earnings, determined on a full-time | 21 | | equivalent basis, exceeds the amount of his or her earnings | 22 | | with the same employer for the previous academic year, | 23 | | determined on a full-time equivalent basis, by more than 3%, | 24 | | then the participant's employer shall pay to the System, in | 25 | | addition to all other payments required under this Section and | 26 | | in accordance with guidelines established by the System, the |
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| 1 | | present value of the increase in benefits resulting from the | 2 | | portion of the increase in earnings that is in excess of 3%. | 3 | | This present value shall be computed by the System on the basis | 4 | | of the actuarial assumptions and tables used in the most recent | 5 | | actuarial valuation of the System that is available at the time | 6 | | of the computation. The System may require the employer to | 7 | | provide any pertinent information or documentation. | 8 | | Whenever it determines that a payment is or may be required | 9 | | under this subsection (g-1), the System shall calculate the | 10 | | amount of the payment and bill the employer for that amount. | 11 | | The bill shall specify the calculations used to determine the | 12 | | amount due. If the employer disputes the amount of the bill, it | 13 | | may, within 30 days after receipt of the bill, apply to the | 14 | | System in writing for a recalculation. The application must | 15 | | specify in detail the grounds of the dispute and, if the | 16 | | employer asserts that subsection (g) of this Section applies, | 17 | | must include an affidavit setting forth and attesting to all | 18 | | facts within the employer's knowledge that are pertinent to the | 19 | | applicability of subsection (g). Upon receiving a timely | 20 | | application for recalculation, the System shall review the | 21 | | application and, if appropriate, recalculate the amount due. | 22 | | The employer contributions required under this subsection | 23 | | (g-1) may be paid in the form of a lump sum within 90 days after | 24 | | receipt of the bill. If the employer contributions are not paid | 25 | | within 90 days after receipt of the bill, then interest shall | 26 | | be charged at a rate equal to the System's annual actuarially |
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| 1 | | assumed rate of return on investment compounded annually from | 2 | | the 91st day after receipt of the bill. Payments must be | 3 | | concluded within 3 years after the employer's receipt of the | 4 | | bill. | 5 | | This subsection (g-1) does not apply to (1) Tier 2 hybrid | 6 | | plan members and (2) Tier 2 defined benefit members who first | 7 | | participate under this Article on or after the implementation | 8 | | date of the Optional Hybrid Plan. | 9 | | (h) This subsection (h) applies only to payments made or | 10 | | salary increases given on or after June 1, 2005 but before July | 11 | | 1, 2011. The changes made by Public Act 94-1057 shall not | 12 | | require the System to refund any payments received before July | 13 | | 31, 2006 (the effective date of Public Act 94-1057). | 14 | | When assessing payment for any amount due under subsection | 15 | | (g), the System shall exclude earnings increases paid to | 16 | | participants under contracts or collective bargaining | 17 | | agreements entered into, amended, or renewed before June 1, | 18 | | 2005.
| 19 | | When assessing payment for any amount due under subsection | 20 | | (g), the System shall exclude earnings increases paid to a | 21 | | participant at a time when the participant is 10 or more years | 22 | | from retirement eligibility under Section 15-135.
| 23 | | When assessing payment for any amount due under subsection | 24 | | (g), the System shall exclude earnings increases resulting from | 25 | | overload work, including a contract for summer teaching, or | 26 | | overtime when the employer has certified to the System, and the |
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| 1 | | System has approved the certification, that: (i) in the case of | 2 | | overloads (A) the overload work is for the sole purpose of | 3 | | academic instruction in excess of the standard number of | 4 | | instruction hours for a full-time employee occurring during the | 5 | | academic year that the overload is paid and (B) the earnings | 6 | | increases are equal to or less than the rate of pay for | 7 | | academic instruction computed using the participant's current | 8 | | salary rate and work schedule; and (ii) in the case of | 9 | | overtime, the overtime was necessary for the educational | 10 | | mission. | 11 | | When assessing payment for any amount due under subsection | 12 | | (g), the System shall exclude any earnings increase resulting | 13 | | from (i) a promotion for which the employee moves from one | 14 | | classification to a higher classification under the State | 15 | | Universities Civil Service System, (ii) a promotion in academic | 16 | | rank for a tenured or tenure-track faculty position, or (iii) a | 17 | | promotion that the Illinois Community College Board has | 18 | | recommended in accordance with subsection (k) of this Section. | 19 | | These earnings increases shall be excluded only if the | 20 | | promotion is to a position that has existed and been filled by | 21 | | a member for no less than one complete academic year and the | 22 | | earnings increase as a result of the promotion is an increase | 23 | | that results in an amount no greater than the average salary | 24 | | paid for other similar positions. | 25 | | (i) When assessing payment for any amount due under | 26 | | subsection (g), the System shall exclude any salary increase |
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| 1 | | described in subsection (h) of this Section given on or after | 2 | | July 1, 2011 but before July 1, 2014 under a contract or | 3 | | collective bargaining agreement entered into, amended, or | 4 | | renewed on or after June 1, 2005 but before July 1, 2011. | 5 | | Notwithstanding any other provision of this Section, any | 6 | | payments made or salary increases given after June 30, 2014 | 7 | | shall be used in assessing payment for any amount due under | 8 | | subsection (g) of this Section.
| 9 | | (j) The System shall prepare a report and file copies of | 10 | | the report with the Governor and the General Assembly by | 11 | | January 1, 2007 that contains all of the following information: | 12 | | (1) The number of recalculations required by the | 13 | | changes made to this Section by Public Act 94-1057 for each | 14 | | employer. | 15 | | (2) The dollar amount by which each employer's | 16 | | contribution to the System was changed due to | 17 | | recalculations required by Public Act 94-1057. | 18 | | (3) The total amount the System received from each | 19 | | employer as a result of the changes made to this Section by | 20 | | Public Act 94-4. | 21 | | (4) The increase in the required State contribution | 22 | | resulting from the changes made to this Section by Public | 23 | | Act 94-1057. | 24 | | (j-5) For State fiscal years beginning on or after July 1, | 25 | | 2017, if the amount of a participant's earnings for any State | 26 | | fiscal year exceeds the amount of the salary set by law for the |
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| 1 | | Governor that is in effect on July 1 of that fiscal year, the | 2 | | participant's employer shall pay to the System, in addition to | 3 | | all other payments required under this Section and in | 4 | | accordance with guidelines established by the System, an amount | 5 | | determined by the System to be equal to the employer normal | 6 | | cost, as established by the System and expressed as a total | 7 | | percentage of payroll, multiplied by the amount of earnings in | 8 | | excess of the amount of the salary set by law for the Governor. | 9 | | This amount shall be computed by the System on the basis of the | 10 | | actuarial assumptions and tables used in the most recent | 11 | | actuarial valuation of the System that is available at the time | 12 | | of the computation. The System may require the employer to | 13 | | provide any pertinent information or documentation. | 14 | | Whenever it determines that a payment is or may be required | 15 | | under this subsection, the System shall calculate the amount of | 16 | | the payment and bill the employer for that amount. The bill | 17 | | shall specify the calculation used to determine the amount due. | 18 | | If the employer disputes the amount of the bill, it may, within | 19 | | 30 days after receipt of the bill, apply to the System in | 20 | | writing for a recalculation. The application must specify in | 21 | | detail the grounds of the dispute. Upon receiving a timely | 22 | | application for recalculation, the System shall review the | 23 | | application and, if appropriate, recalculate the amount due. | 24 | | The employer contributions required under this subsection | 25 | | may be paid in the form of a lump sum within 90 days after | 26 | | issuance of the bill. If the employer contributions are not |
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| 1 | | paid within 90 days after issuance of the bill, then interest | 2 | | will be charged at a rate equal to the System's annual | 3 | | actuarially assumed rate of return on investment compounded | 4 | | annually from the 91st day after issuance of the bill. All | 5 | | payments must be received within 3 years after issuance of the | 6 | | bill. If the employer fails to make complete payment, including | 7 | | applicable interest, within 3 years, then the System may, after | 8 | | giving notice to the employer, certify the delinquent amount to | 9 | | the State Comptroller, and the Comptroller shall thereupon | 10 | | deduct the certified delinquent amount from State funds payable | 11 | | to the employer and pay them instead to the System. | 12 | | This subsection (j-5) does not apply to a participant's | 13 | | earnings to the extent an employer pays the employer normal | 14 | | cost of such earnings. | 15 | | The changes made to this subsection (j-5) by Public Act | 16 | | 100-624 this amendatory Act of the 100th General Assembly are | 17 | | intended to apply retroactively to July 6, 2017 (the effective | 18 | | date of Public Act 100-23). | 19 | | (k) The Illinois Community College Board shall adopt rules | 20 | | for recommending lists of promotional positions submitted to | 21 | | the Board by community colleges and for reviewing the | 22 | | promotional lists on an annual basis. When recommending | 23 | | promotional lists, the Board shall consider the similarity of | 24 | | the positions submitted to those positions recognized for State | 25 | | universities by the State Universities Civil Service System. | 26 | | The Illinois Community College Board shall file a copy of its |
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| 1 | | findings with the System. The System shall consider the | 2 | | findings of the Illinois Community College Board when making | 3 | | determinations under this Section. The System shall not exclude | 4 | | any earnings increases resulting from a promotion when the | 5 | | promotion was not submitted by a community college. Nothing in | 6 | | this subsection (k) shall require any community college to | 7 | | submit any information to the Community College Board.
| 8 | | (l) For purposes of determining the required State | 9 | | contribution to the System, the value of the System's assets | 10 | | shall be equal to the actuarial value of the System's assets, | 11 | | which shall be calculated as follows: | 12 | | As of June 30, 2008, the actuarial value of the System's | 13 | | assets shall be equal to the market value of the assets as of | 14 | | that date. In determining the actuarial value of the System's | 15 | | assets for fiscal years after June 30, 2008, any actuarial | 16 | | gains or losses from investment return incurred in a fiscal | 17 | | year shall be recognized in equal annual amounts over the | 18 | | 5-year period following that fiscal year. | 19 | | (m) For purposes of determining the required State | 20 | | contribution to the system for a particular year, the actuarial | 21 | | value of assets shall be assumed to earn a rate of return equal | 22 | | to the system's actuarially assumed rate of return. | 23 | | (Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17; | 24 | | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
| 25 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
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| 1 | | Sec. 16-158. Contributions by State and other employing | 2 | | units.
| 3 | | (a) The State shall make contributions to the System by | 4 | | means of
appropriations from the Common School Fund and other | 5 | | State funds of amounts
which, together with other employer | 6 | | contributions, employee contributions,
investment income, and | 7 | | other income, will be sufficient to meet the cost of
| 8 | | maintaining and administering the System on a 90% funded basis | 9 | | in accordance
with actuarial recommendations.
| 10 | | The Board shall determine the amount of State contributions | 11 | | required for
each fiscal year on the basis of the actuarial | 12 | | tables and other assumptions
adopted by the Board and the | 13 | | recommendations of the actuary, using the formula
in subsection | 14 | | (b-3).
| 15 | | (a-1) Annually, on or before November 15 until November 15, | 16 | | 2011, the Board shall certify to the
Governor the amount of the | 17 | | required State contribution for the coming fiscal
year. The | 18 | | certification under this subsection (a-1) shall include a copy | 19 | | of the actuarial recommendations
upon which it is based and | 20 | | shall specifically identify the System's projected State | 21 | | normal cost for that fiscal year.
| 22 | | On or before May 1, 2004, the Board shall recalculate and | 23 | | recertify to
the Governor the amount of the required State | 24 | | contribution to the System for
State fiscal year 2005, taking | 25 | | into account the amounts appropriated to and
received by the | 26 | | System under subsection (d) of Section 7.2 of the General
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| 1 | | Obligation Bond Act.
| 2 | | On or before July 1, 2005, the Board shall recalculate and | 3 | | recertify
to the Governor the amount of the required State
| 4 | | contribution to the System for State fiscal year 2006, taking | 5 | | into account the changes in required State contributions made | 6 | | by Public Act 94-4.
| 7 | | On or before April 1, 2011, the Board shall recalculate and | 8 | | recertify to the Governor the amount of the required State | 9 | | contribution to the System for State fiscal year 2011, applying | 10 | | the changes made by Public Act 96-889 to the System's assets | 11 | | and liabilities as of June 30, 2009 as though Public Act 96-889 | 12 | | was approved on that date. | 13 | | (a-5) On or before November 1 of each year, beginning | 14 | | November 1, 2012, the Board shall submit to the State Actuary, | 15 | | the Governor, and the General Assembly a proposed certification | 16 | | of the amount of the required State contribution to the System | 17 | | for the next fiscal year, along with all of the actuarial | 18 | | assumptions, calculations, and data upon which that proposed | 19 | | certification is based. On or before January 1 of each year, | 20 | | beginning January 1, 2013, the State Actuary shall issue a | 21 | | preliminary report concerning the proposed certification and | 22 | | identifying, if necessary, recommended changes in actuarial | 23 | | assumptions that the Board must consider before finalizing its | 24 | | certification of the required State contributions. On or before | 25 | | January 15, 2013 and each January 15 thereafter, the Board | 26 | | shall certify to the Governor and the General Assembly the |
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| 1 | | amount of the required State contribution for the next fiscal | 2 | | year. The Board's certification must note any deviations from | 3 | | the State Actuary's recommended changes, the reason or reasons | 4 | | for not following the State Actuary's recommended changes, and | 5 | | the fiscal impact of not following the State Actuary's | 6 | | recommended changes on the required State contribution. | 7 | | (a-10) By November 1, 2017, the Board shall recalculate and | 8 | | recertify to the State Actuary, the Governor, and the General | 9 | | Assembly the amount of the State contribution to the System for | 10 | | State fiscal year 2018, taking into account the changes in | 11 | | required State contributions made by Public Act 100-23. The | 12 | | State Actuary shall review the assumptions and valuations | 13 | | underlying the Board's revised certification and issue a | 14 | | preliminary report concerning the proposed recertification and | 15 | | identifying, if necessary, recommended changes in actuarial | 16 | | assumptions that the Board must consider before finalizing its | 17 | | certification of the required State contributions. The Board's | 18 | | final certification must note any deviations from the State | 19 | | Actuary's recommended changes, the reason or reasons for not | 20 | | following the State Actuary's recommended changes, and the | 21 | | fiscal impact of not following the State Actuary's recommended | 22 | | changes on the required State contribution. | 23 | | (a-15) On or after June 15, 2019, but no later than June | 24 | | 30, 2019, the Board shall recalculate and recertify to the | 25 | | Governor and the General Assembly the amount of the State | 26 | | contribution to the System for State fiscal year 2019, taking |
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| 1 | | into account the changes in required State contributions made | 2 | | by Public Act 100-587 this amendatory Act of the 100th General | 3 | | Assembly . The recalculation shall be made using assumptions | 4 | | adopted by the Board for the original fiscal year 2019 | 5 | | certification. The monthly voucher for the 12th month of fiscal | 6 | | year 2019 shall be paid by the Comptroller after the | 7 | | recertification required pursuant to this subsection is | 8 | | submitted to the Governor, Comptroller, and General Assembly. | 9 | | The recertification submitted to the General Assembly shall be | 10 | | filed with the Clerk of the House of Representatives and the | 11 | | Secretary of the Senate in electronic form only, in the manner | 12 | | that the Clerk and the Secretary shall direct. | 13 | | (b) Through State fiscal year 1995, the State contributions | 14 | | shall be
paid to the System in accordance with Section 18-7 of | 15 | | the School Code.
| 16 | | (b-1) Beginning in State fiscal year 1996, on the 15th day | 17 | | of each month,
or as soon thereafter as may be practicable, the | 18 | | Board shall submit vouchers
for payment of State contributions | 19 | | to the System, in a total monthly amount of
one-twelfth of the | 20 | | required annual State contribution certified under
subsection | 21 | | (a-1).
From March 5, 2004 (the
effective date of Public Act | 22 | | 93-665)
through June 30, 2004, the Board shall not submit | 23 | | vouchers for the
remainder of fiscal year 2004 in excess of the | 24 | | fiscal year 2004
certified contribution amount determined | 25 | | under this Section
after taking into consideration the transfer | 26 | | to the System
under subsection (a) of Section 6z-61 of the |
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| 1 | | State Finance Act.
These vouchers shall be paid by the State | 2 | | Comptroller and
Treasurer by warrants drawn on the funds | 3 | | appropriated to the System for that
fiscal year.
| 4 | | If in any month the amount remaining unexpended from all | 5 | | other appropriations
to the System for the applicable fiscal | 6 | | year (including the appropriations to
the System under Section | 7 | | 8.12 of the State Finance Act and Section 1 of the
State | 8 | | Pension Funds Continuing Appropriation Act) is less than the | 9 | | amount
lawfully vouchered under this subsection, the | 10 | | difference shall be paid from the
Common School Fund under the | 11 | | continuing appropriation authority provided in
Section 1.1 of | 12 | | the State Pension Funds Continuing Appropriation Act.
| 13 | | (b-2) Allocations from the Common School Fund apportioned | 14 | | to school
districts not coming under this System shall not be | 15 | | diminished or affected by
the provisions of this Article.
| 16 | | (b-3) For State fiscal years 2012 through 2045, the minimum | 17 | | contribution
to the System to be made by the State for each | 18 | | fiscal year shall be an amount
determined by the System to be | 19 | | sufficient to bring the total assets of the
System up to 90% of | 20 | | the total actuarial liabilities of the System by the end of
| 21 | | State fiscal year 2045. In making these determinations, the | 22 | | required State
contribution shall be calculated each year as a | 23 | | level percentage of payroll
over the years remaining to and | 24 | | including fiscal year 2045 and shall be
determined under the | 25 | | projected unit credit actuarial cost method.
| 26 | | For each of State fiscal years 2018, 2019, and 2020, the |
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| 1 | | State shall make an additional contribution to the System equal | 2 | | to 2% of the total payroll of each employee who is deemed to | 3 | | have elected the benefits under Section 1-161 or who has made | 4 | | the election under subsection (c) of Section 1-161. | 5 | | A change in an actuarial or investment assumption that | 6 | | increases or
decreases the required State contribution and | 7 | | first
applies in State fiscal year 2018 or thereafter shall be
| 8 | | implemented in equal annual amounts over a 5-year period
| 9 | | beginning in the State fiscal year in which the actuarial
| 10 | | change first applies to the required State contribution. | 11 | | A change in an actuarial or investment assumption that | 12 | | increases or
decreases the required State contribution and | 13 | | first
applied to the State contribution in fiscal year 2014, | 14 | | 2015, 2016, or 2017 shall be
implemented: | 15 | | (i) as already applied in State fiscal years before | 16 | | 2018; and | 17 | | (ii) in the portion of the 5-year period beginning in | 18 | | the State fiscal year in which the actuarial
change first | 19 | | applied that occurs in State fiscal year 2018 or | 20 | | thereafter, by calculating the change in equal annual | 21 | | amounts over that 5-year period and then implementing it at | 22 | | the resulting annual rate in each of the remaining fiscal | 23 | | years in that 5-year period. | 24 | | For State fiscal years 1996 through 2005, the State | 25 | | contribution to the
System, as a percentage of the applicable | 26 | | employee payroll, shall be increased
in equal annual increments |
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| 1 | | so that by State fiscal year 2011, the State is
contributing at | 2 | | the rate required under this Section; except that in the
| 3 | | following specified State fiscal years, the State contribution | 4 | | to the System
shall not be less than the following indicated | 5 | | percentages of the applicable
employee payroll, even if the | 6 | | indicated percentage will produce a State
contribution in | 7 | | excess of the amount otherwise required under this subsection
| 8 | | and subsection (a), and notwithstanding any contrary | 9 | | certification made under
subsection (a-1) before May 27, 1998 | 10 | | (the effective date of Public Act 90-582):
10.02% in FY 1999;
| 11 | | 10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% | 12 | | in FY 2003; and
13.56% in FY 2004.
| 13 | | Notwithstanding any other provision of this Article, the | 14 | | total required State
contribution for State fiscal year 2006 is | 15 | | $534,627,700.
| 16 | | Notwithstanding any other provision of this Article, the | 17 | | total required State
contribution for State fiscal year 2007 is | 18 | | $738,014,500.
| 19 | | For each of State fiscal years 2008 through 2009, the State | 20 | | contribution to
the System, as a percentage of the applicable | 21 | | employee payroll, shall be
increased in equal annual increments | 22 | | from the required State contribution for State fiscal year | 23 | | 2007, so that by State fiscal year 2011, the
State is | 24 | | contributing at the rate otherwise required under this Section.
| 25 | | Notwithstanding any other provision of this Article, the | 26 | | total required State contribution for State fiscal year 2010 is |
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| 1 | | $2,089,268,000 and shall be made from the proceeds of bonds | 2 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General | 3 | | Obligation Bond Act, less (i) the pro rata share of bond sale | 4 | | expenses determined by the System's share of total bond | 5 | | proceeds, (ii) any amounts received from the Common School Fund | 6 | | in fiscal year 2010, and (iii) any reduction in bond proceeds | 7 | | due to the issuance of discounted bonds, if applicable. | 8 | | Notwithstanding any other provision of this Article, the
| 9 | | total required State contribution for State fiscal year 2011 is
| 10 | | the amount recertified by the System on or before April 1, 2011 | 11 | | pursuant to subsection (a-1) of this Section and shall be made | 12 | | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | 13 | | Section 7.2 of the General
Obligation Bond Act, less (i) the | 14 | | pro rata share of bond sale
expenses determined by the System's | 15 | | share of total bond
proceeds, (ii) any amounts received from | 16 | | the Common School Fund
in fiscal year 2011, and (iii) any | 17 | | reduction in bond proceeds
due to the issuance of discounted | 18 | | bonds, if applicable. This amount shall include, in addition to | 19 | | the amount certified by the System, an amount necessary to meet | 20 | | employer contributions required by the State as an employer | 21 | | under paragraph (e) of this Section, which may also be used by | 22 | | the System for contributions required by paragraph (a) of | 23 | | Section 16-127. | 24 | | Beginning in State fiscal year 2046, the minimum State | 25 | | contribution for
each fiscal year shall be the amount needed to | 26 | | maintain the total assets of
the System at 90% of the total |
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| 1 | | actuarial liabilities of the System.
| 2 | | Amounts received by the System pursuant to Section 25 of | 3 | | the Budget Stabilization Act or Section 8.12 of the State | 4 | | Finance Act in any fiscal year do not reduce and do not | 5 | | constitute payment of any portion of the minimum State | 6 | | contribution required under this Article in that fiscal year. | 7 | | Such amounts shall not reduce, and shall not be included in the | 8 | | calculation of, the required State contributions under this | 9 | | Article in any future year until the System has reached a | 10 | | funding ratio of at least 90%. A reference in this Article to | 11 | | the "required State contribution" or any substantially similar | 12 | | term does not include or apply to any amounts payable to the | 13 | | System under Section 25 of the Budget Stabilization Act. | 14 | | Notwithstanding any other provision of this Section, the | 15 | | required State
contribution for State fiscal year 2005 and for | 16 | | fiscal year 2008 and each fiscal year thereafter, as
calculated | 17 | | under this Section and
certified under subsection (a-1), shall | 18 | | not exceed an amount equal to (i) the
amount of the required | 19 | | State contribution that would have been calculated under
this | 20 | | Section for that fiscal year if the System had not received any | 21 | | payments
under subsection (d) of Section 7.2 of the General | 22 | | Obligation Bond Act, minus
(ii) the portion of the State's | 23 | | total debt service payments for that fiscal
year on the bonds | 24 | | issued in fiscal year 2003 for the purposes of that Section | 25 | | 7.2, as determined
and certified by the Comptroller, that is | 26 | | the same as the System's portion of
the total moneys |
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| 1 | | distributed under subsection (d) of Section 7.2 of the General
| 2 | | Obligation Bond Act. In determining this maximum for State | 3 | | fiscal years 2008 through 2010, however, the amount referred to | 4 | | in item (i) shall be increased, as a percentage of the | 5 | | applicable employee payroll, in equal increments calculated | 6 | | from the sum of the required State contribution for State | 7 | | fiscal year 2007 plus the applicable portion of the State's | 8 | | total debt service payments for fiscal year 2007 on the bonds | 9 | | issued in fiscal year 2003 for the purposes of Section 7.2 of | 10 | | the General
Obligation Bond Act, so that, by State fiscal year | 11 | | 2011, the
State is contributing at the rate otherwise required | 12 | | under this Section.
| 13 | | (b-4) Beginning in fiscal year 2018, each employer under | 14 | | this Article shall pay to the System a required contribution | 15 | | determined as a percentage of projected payroll and sufficient | 16 | | to produce an annual amount equal to: | 17 | | (i) for each of fiscal years 2018, 2019, and 2020, the | 18 | | defined benefit normal cost of the defined benefit plan, | 19 | | less the employee contribution, for each employee of that | 20 | | employer who has elected or who is deemed to have elected | 21 | | the benefits under Section 1-161 or who has made the | 22 | | election under subsection (b) of Section 1-161; for fiscal | 23 | | year 2021 and each fiscal year thereafter, the defined | 24 | | benefit normal cost of the defined benefit plan, less the | 25 | | employee contribution, plus 2%, for each employee of that | 26 | | employer who has elected or who is deemed to have elected |
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| 1 | | the benefits under Section 1-161 or who has made the | 2 | | election under subsection (b) of Section 1-161; plus | 3 | | (ii) the amount required for that fiscal year to | 4 | | amortize any unfunded actuarial accrued liability | 5 | | associated with the present value of liabilities | 6 | | attributable to the employer's account under Section | 7 | | 16-158.3, determined
as a level percentage of payroll over | 8 | | a 30-year rolling amortization period. | 9 | | In determining contributions required under item (i) of | 10 | | this subsection, the System shall determine an aggregate rate | 11 | | for all employers, expressed as a percentage of projected | 12 | | payroll. | 13 | | In determining the contributions required under item (ii) | 14 | | of this subsection, the amount shall be computed by the System | 15 | | on the basis of the actuarial assumptions and tables used in | 16 | | the most recent actuarial valuation of the System that is | 17 | | available at the time of the computation. | 18 | | The contributions required under this subsection (b-4) | 19 | | shall be paid by an employer concurrently with that employer's | 20 | | payroll payment period. The State, as the actual employer of an | 21 | | employee, shall make the required contributions under this | 22 | | subsection. | 23 | | (c) Payment of the required State contributions and of all | 24 | | pensions,
retirement annuities, death benefits, refunds, and | 25 | | other benefits granted
under or assumed by this System, and all | 26 | | expenses in connection with the
administration and operation |
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| 1 | | thereof, are obligations of the State.
| 2 | | If members are paid from special trust or federal funds | 3 | | which are
administered by the employing unit, whether school | 4 | | district or other
unit, the employing unit shall pay to the | 5 | | System from such
funds the full accruing retirement costs based | 6 | | upon that
service, which, beginning July 1, 2017, shall be at a | 7 | | rate, expressed as a percentage of salary, equal to the total | 8 | | employer's normal cost, expressed as a percentage of payroll, | 9 | | as determined by the System. Employer contributions, based on
| 10 | | salary paid to members from federal funds, may be forwarded by | 11 | | the distributing
agency of the State of Illinois to the System | 12 | | prior to allocation, in an
amount determined in accordance with | 13 | | guidelines established by such
agency and the System. Any | 14 | | contribution for fiscal year 2015 collected as a result of the | 15 | | change made by Public Act 98-674 shall be considered a State | 16 | | contribution under subsection (b-3) of this Section.
| 17 | | (d) Effective July 1, 1986, any employer of a teacher as | 18 | | defined in
paragraph (8) of Section 16-106 shall pay the | 19 | | employer's normal cost
of benefits based upon the teacher's | 20 | | service, in addition to
employee contributions, as determined | 21 | | by the System. Such employer
contributions shall be forwarded | 22 | | monthly in accordance with guidelines
established by the | 23 | | System.
| 24 | | However, with respect to benefits granted under Section | 25 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | 26 | | of Section 16-106, the
employer's contribution shall be 12% |
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| 1 | | (rather than 20%) of the member's
highest annual salary rate | 2 | | for each year of creditable service granted, and
the employer | 3 | | shall also pay the required employee contribution on behalf of
| 4 | | the teacher. For the purposes of Sections 16-133.4 and | 5 | | 16-133.5, a teacher
as defined in paragraph (8) of Section | 6 | | 16-106 who is serving in that capacity
while on leave of | 7 | | absence from another employer under this Article shall not
be | 8 | | considered an employee of the employer from which the teacher | 9 | | is on leave.
| 10 | | (e) Beginning July 1, 1998, every employer of a teacher
| 11 | | shall pay to the System an employer contribution computed as | 12 | | follows:
| 13 | | (1) Beginning July 1, 1998 through June 30, 1999, the | 14 | | employer
contribution shall be equal to 0.3% of each | 15 | | teacher's salary.
| 16 | | (2) Beginning July 1, 1999 and thereafter, the employer
| 17 | | contribution shall be equal to 0.58% of each teacher's | 18 | | salary.
| 19 | | The school district or other employing unit may pay these | 20 | | employer
contributions out of any source of funding available | 21 | | for that purpose and
shall forward the contributions to the | 22 | | System on the schedule established
for the payment of member | 23 | | contributions.
| 24 | | These employer contributions are intended to offset a | 25 | | portion of the cost
to the System of the increases in | 26 | | retirement benefits resulting from Public Act 90-582.
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| 1 | | Each employer of teachers is entitled to a credit against | 2 | | the contributions
required under this subsection (e) with | 3 | | respect to salaries paid to teachers
for the period January 1, | 4 | | 2002 through June 30, 2003, equal to the amount paid
by that | 5 | | employer under subsection (a-5) of Section 6.6 of the State | 6 | | Employees
Group Insurance Act of 1971 with respect to salaries | 7 | | paid to teachers for that
period.
| 8 | | The additional 1% employee contribution required under | 9 | | Section 16-152 by Public Act 90-582
is the responsibility of | 10 | | the teacher and not the
teacher's employer, unless the employer | 11 | | agrees, through collective bargaining
or otherwise, to make the | 12 | | contribution on behalf of the teacher.
| 13 | | If an employer is required by a contract in effect on May | 14 | | 1, 1998 between the
employer and an employee organization to | 15 | | pay, on behalf of all its full-time
employees
covered by this | 16 | | Article, all mandatory employee contributions required under
| 17 | | this Article, then the employer shall be excused from paying | 18 | | the employer
contribution required under this subsection (e) | 19 | | for the balance of the term
of that contract. The employer and | 20 | | the employee organization shall jointly
certify to the System | 21 | | the existence of the contractual requirement, in such
form as | 22 | | the System may prescribe. This exclusion shall cease upon the
| 23 | | termination, extension, or renewal of the contract at any time | 24 | | after May 1,
1998.
| 25 | | (f) If For school years beginning on or after June 1, 2005 | 26 | | and before July 1, 2018 and for salary paid to a teacher under |
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| 1 | | a contract or collective bargaining agreement entered into, | 2 | | amended, or renewed before the effective date of this amendatory | 3 | | Act of the 100th General Assembly , if the amount of a teacher's | 4 | | salary for any school year used to determine final average | 5 | | salary exceeds the member's annual full-time salary rate with | 6 | | the same employer for the previous school year by more than 6%, | 7 | | the teacher's employer shall pay to the System, in addition to | 8 | | all other payments required under this Section and in | 9 | | accordance with guidelines established by the System, the | 10 | | present value of the increase in benefits resulting from the | 11 | | portion of the increase in salary that is in excess of 6%. This | 12 | | present value shall be computed by the System on the basis of | 13 | | the actuarial assumptions and tables used in the most recent | 14 | | actuarial valuation of the System that is available at the time | 15 | | of the computation. If a teacher's salary for the 2005-2006 | 16 | | school year is used to determine final average salary under | 17 | | this subsection (f), then the changes made to this subsection | 18 | | (f) by Public Act 94-1057 shall apply in calculating whether | 19 | | the increase in his or her salary is in excess of 6%. For the | 20 | | purposes of this Section, change in employment under Section | 21 | | 10-21.12 of the School Code on or after June 1, 2005 shall | 22 | | constitute a change in employer. The System may require the | 23 | | employer to provide any pertinent information or | 24 | | documentation.
The changes made to this subsection (f) by | 25 | | Public Act 94-1111 apply without regard to whether the teacher | 26 | | was in service on or after its effective date.
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| 1 | | Whenever it determines that a payment is or may be required | 2 | | under this subsection, the System shall calculate the amount of | 3 | | the payment and bill the employer for that amount. The bill | 4 | | shall specify the calculations used to determine the amount | 5 | | due. If the employer disputes the amount of the bill, it may, | 6 | | within 30 days after receipt of the bill, apply to the System | 7 | | in writing for a recalculation. The application must specify in | 8 | | detail the grounds of the dispute and, if the employer asserts | 9 | | that the calculation is subject to subsection (g) or (h) of | 10 | | this Section or that subsection (f-1) of this Section applies , | 11 | | must include an affidavit setting forth and attesting to all | 12 | | facts within the employer's knowledge that are pertinent to the | 13 | | applicability of that subsection. Upon receiving a timely | 14 | | application for recalculation, the System shall review the | 15 | | application and, if appropriate, recalculate the amount due.
| 16 | | The employer contributions required under this subsection | 17 | | (f) may be paid in the form of a lump sum within 90 days after | 18 | | receipt of the bill. If the employer contributions are not paid | 19 | | within 90 days after receipt of the bill, then interest will be | 20 | | charged at a rate equal to the System's annual actuarially | 21 | | assumed rate of return on investment compounded annually from | 22 | | the 91st day after receipt of the bill. Payments must be | 23 | | concluded within 3 years after the employer's receipt of the | 24 | | bill.
| 25 | | (f-1) (Blank). For school years beginning on or after July | 26 | | 1, 2018 and for salary paid to a teacher under a contract or |
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| 1 | | collective bargaining agreement entered into, amended, or | 2 | | renewed on or after the effective date of this amendatory Act | 3 | | of the 100th General Assembly , if the amount of a teacher's | 4 | | salary for any school year used to determine final average | 5 | | salary exceeds the member's annual full-time salary rate with | 6 | | the same employer for the previous school year by more than 3%, | 7 | | then the teacher's employer shall pay to the System, in | 8 | | addition to all other payments required under this Section and | 9 | | in accordance with guidelines established by the System, the | 10 | | present value of the increase in benefits resulting from the | 11 | | portion of the increase in salary that is in excess of 3%. This | 12 | | present value shall be computed by the System on the basis of | 13 | | the actuarial assumptions and tables used in the most recent | 14 | | actuarial valuation of the System that is available at the time | 15 | | of the computation. The System may require the employer to | 16 | | provide any pertinent information or documentation. | 17 | | Whenever it determines that a payment is or may be required | 18 | | under this subsection (f-1), the System shall calculate the | 19 | | amount of the payment and bill the employer for that amount. | 20 | | The bill shall specify the calculations used to determine the | 21 | | amount due. If the employer disputes the amount of the bill, it | 22 | | shall, within 30 days after receipt of the bill, apply to the | 23 | | System in writing for a recalculation. The application must | 24 | | specify in detail the grounds of the dispute and, if the | 25 | | employer asserts that subsection (f) of this Section applies, | 26 | | must include an affidavit setting forth and attesting to all |
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| 1 | | facts within the employer's knowledge that are pertinent to the | 2 | | applicability of subsection (f). Upon receiving a timely | 3 | | application for recalculation, the System shall review the | 4 | | application and, if appropriate, recalculate the amount due. | 5 | | The employer contributions required under this subsection | 6 | | (f-1) may be paid in the form of a lump sum within 90 days after | 7 | | receipt of the bill. If the employer contributions are not paid | 8 | | within 90 days after receipt of the bill, then interest shall | 9 | | be charged at a rate equal to the System's annual actuarially | 10 | | assumed rate of return on investment compounded annually from | 11 | | the 91st day after receipt of the bill. Payments must be | 12 | | concluded within 3 years after the employer's receipt of the | 13 | | bill. | 14 | | (g) This subsection (g) applies only to payments made or | 15 | | salary increases given on or after June 1, 2005 but before July | 16 | | 1, 2011. The changes made by Public Act 94-1057 shall not | 17 | | require the System to refund any payments received before
July | 18 | | 31, 2006 (the effective date of Public Act 94-1057). | 19 | | When assessing payment for any amount due under subsection | 20 | | (f), the System shall exclude salary increases paid to teachers | 21 | | under contracts or collective bargaining agreements entered | 22 | | into, amended, or renewed before June 1, 2005.
| 23 | | When assessing payment for any amount due under subsection | 24 | | (f), the System shall exclude salary increases paid to a | 25 | | teacher at a time when the teacher is 10 or more years from | 26 | | retirement eligibility under Section 16-132 or 16-133.2.
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| 1 | | When assessing payment for any amount due under subsection | 2 | | (f), the System shall exclude salary increases resulting from | 3 | | overload work, including summer school, when the school | 4 | | district has certified to the System, and the System has | 5 | | approved the certification, that (i) the overload work is for | 6 | | the sole purpose of classroom instruction in excess of the | 7 | | standard number of classes for a full-time teacher in a school | 8 | | district during a school year and (ii) the salary increases are | 9 | | equal to or less than the rate of pay for classroom instruction | 10 | | computed on the teacher's current salary and work schedule.
| 11 | | When assessing payment for any amount due under subsection | 12 | | (f), the System shall exclude a salary increase resulting from | 13 | | a promotion (i) for which the employee is required to hold a | 14 | | certificate or supervisory endorsement issued by the State | 15 | | Teacher Certification Board that is a different certification | 16 | | or supervisory endorsement than is required for the teacher's | 17 | | previous position and (ii) to a position that has existed and | 18 | | been filled by a member for no less than one complete academic | 19 | | year and the salary increase from the promotion is an increase | 20 | | that results in an amount no greater than the lesser of the | 21 | | average salary paid for other similar positions in the district | 22 | | requiring the same certification or the amount stipulated in | 23 | | the collective bargaining agreement for a similar position | 24 | | requiring the same certification.
| 25 | | When assessing payment for any amount due under subsection | 26 | | (f), the System shall exclude any payment to the teacher from |
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| 1 | | the State of Illinois or the State Board of Education over | 2 | | which the employer does not have discretion, notwithstanding | 3 | | that the payment is included in the computation of final | 4 | | average salary.
| 5 | | (h) When assessing payment for any amount due under | 6 | | subsection (f), the System shall exclude any salary increase | 7 | | described in subsection (g) of this Section given on or after | 8 | | July 1, 2011 but before July 1, 2014 under a contract or | 9 | | collective bargaining agreement entered into, amended, or | 10 | | renewed on or after June 1, 2005 but before July 1, 2011. | 11 | | Notwithstanding any other provision of this Section, any | 12 | | payments made or salary increases given after June 30, 2014 | 13 | | shall be used in assessing payment for any amount due under | 14 | | subsection (f) of this Section.
| 15 | | (i) The System shall prepare a report and file copies of | 16 | | the report with the Governor and the General Assembly by | 17 | | January 1, 2007 that contains all of the following information: | 18 | | (1) The number of recalculations required by the | 19 | | changes made to this Section by Public Act 94-1057 for each | 20 | | employer. | 21 | | (2) The dollar amount by which each employer's | 22 | | contribution to the System was changed due to | 23 | | recalculations required by Public Act 94-1057. | 24 | | (3) The total amount the System received from each | 25 | | employer as a result of the changes made to this Section by | 26 | | Public Act 94-4. |
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| 1 | | (4) The increase in the required State contribution | 2 | | resulting from the changes made to this Section by Public | 3 | | Act 94-1057.
| 4 | | (i-5) For school years beginning on or after July 1, 2017, | 5 | | if the amount of a participant's salary for any school year | 6 | | exceeds the amount of the salary set for the Governor, the | 7 | | participant's employer shall pay to the System, in addition to | 8 | | all other payments required under this Section and in | 9 | | accordance with guidelines established by the System, an amount | 10 | | determined by the System to be equal to the employer normal | 11 | | cost, as established by the System and expressed as a total | 12 | | percentage of payroll, multiplied by the amount of salary in | 13 | | excess of the amount of the salary set for the Governor. This | 14 | | amount shall be computed by the System on the basis of the | 15 | | actuarial assumptions and tables used in the most recent | 16 | | actuarial valuation of the System that is available at the time | 17 | | of the computation. The System may require the employer to | 18 | | provide any pertinent information or documentation. | 19 | | Whenever it determines that a payment is or may be required | 20 | | under this subsection, the System shall calculate the amount of | 21 | | the payment and bill the employer for that amount. The bill | 22 | | shall specify the calculations used to determine the amount | 23 | | due. If the employer disputes the amount of the bill, it may, | 24 | | within 30 days after receipt of the bill, apply to the System | 25 | | in writing for a recalculation. The application must specify in | 26 | | detail the grounds of the dispute. Upon receiving a timely |
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| 1 | | application for recalculation, the System shall review the | 2 | | application and, if appropriate, recalculate the amount due. | 3 | | The employer contributions required under this subsection | 4 | | may be paid in the form of a lump sum within 90 days after | 5 | | receipt of the bill. If the employer contributions are not paid | 6 | | within 90 days after receipt of the bill, then interest will be | 7 | | charged at a rate equal to the System's annual actuarially | 8 | | assumed rate of return on investment compounded annually from | 9 | | the 91st day after receipt of the bill. Payments must be | 10 | | concluded within 3 years after the employer's receipt of the | 11 | | bill. | 12 | | (j) For purposes of determining the required State | 13 | | contribution to the System, the value of the System's assets | 14 | | shall be equal to the actuarial value of the System's assets, | 15 | | which shall be calculated as follows: | 16 | | As of June 30, 2008, the actuarial value of the System's | 17 | | assets shall be equal to the market value of the assets as of | 18 | | that date. In determining the actuarial value of the System's | 19 | | assets for fiscal years after June 30, 2008, any actuarial | 20 | | gains or losses from investment return incurred in a fiscal | 21 | | year shall be recognized in equal annual amounts over the | 22 | | 5-year period following that fiscal year. | 23 | | (k) For purposes of determining the required State | 24 | | contribution to the system for a particular year, the actuarial | 25 | | value of assets shall be assumed to earn a rate of return equal | 26 | | to the system's actuarially assumed rate of return. |
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| 1 | | (Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17; | 2 | | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff. | 3 | | 8-14-18; revised 10-4-18.)
| 4 | | Section 10. The School Code is amended by changing Sections | 5 | | 21B-20, 21B-25, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and | 6 | | by adding Section 24-8.5 as follows: | 7 | | (105 ILCS 5/21B-20) | 8 | | Sec. 21B-20. Types of licenses. The State Board of | 9 | | Education shall implement a system of educator licensure, | 10 | | whereby individuals employed in school districts who are | 11 | | required to be licensed must have one of the following | 12 | | licenses: (i) a professional educator license; (ii) an educator | 13 | | license with stipulations; (iii) a substitute teaching | 14 | | license; or (iv) until June 30, 2023, a short-term substitute | 15 | | teaching license. References in law regarding individuals | 16 | | certified or certificated or required to be certified or | 17 | | certificated under Article 21 of this Code shall also include | 18 | | individuals licensed or required to be licensed under this | 19 | | Article. The first year of all licenses ends on June 30 | 20 | | following one full year of the license being issued. | 21 | | The State Board of Education, in consultation with the | 22 | | State Educator Preparation and Licensure Board, may adopt such | 23 | | rules as may be necessary to govern the requirements for | 24 | | licenses and endorsements under this Section. |
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| 1 | | (1) Professional Educator License. Persons who (i) | 2 | | have successfully completed an approved educator | 3 | | preparation program and are recommended for licensure by | 4 | | the Illinois institution offering the educator preparation | 5 | | program, (ii) have successfully completed the required | 6 | | testing under Section 21B-30 of this Code, (iii) have | 7 | | successfully completed coursework on the psychology of, | 8 | | the identification of, and the methods of instruction for | 9 | | the exceptional child, including without limitation | 10 | | children with learning disabilities, (iv) have | 11 | | successfully completed coursework in methods of reading | 12 | | and reading in the content area, and (v) have met all other | 13 | | criteria established by rule of the State Board of | 14 | | Education shall be issued a Professional Educator License. | 15 | | All Professional Educator Licenses are valid until June 30 | 16 | | immediately following 5 years of the license being issued. | 17 | | The Professional Educator License shall be endorsed with | 18 | | specific areas and grade levels in which the individual is | 19 | | eligible to practice. | 20 | | Individuals can receive subsequent endorsements on the | 21 | | Professional Educator License. Subsequent endorsements | 22 | | shall require a minimum of 24 semester hours of coursework | 23 | | in the endorsement area and passage of the applicable | 24 | | content area test, unless otherwise specified by rule. | 25 | | (2) Educator License with Stipulations. An Educator | 26 | | License with Stipulations shall be issued an endorsement |
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| 1 | | that limits the license holder to one particular position | 2 | | or does not require completion of an approved educator | 3 | | program or both. | 4 | | An individual with an Educator License with | 5 | | Stipulations must not be employed by a school district or | 6 | | any other entity to replace any presently employed teacher | 7 | | who otherwise would not be replaced for any reason. | 8 | | An Educator License with Stipulations may be issued | 9 | | with the following endorsements: | 10 | | (A) (Blank). A A provisional educator endorsement | 11 | | for a service member or a spouse of a service member is | 12 | | valid until June 30 immediately following 3 years of | 13 | | the license being issued, provided that any remaining | 14 | | testing and coursework deficiencies are met under this | 15 | | Section. In this Section, "spouse of a service member" | 16 | | means any person who, at the time of application under | 17 | | this Section, is the spouse of an active duty member of | 18 | | the United States Armed Forces or any reserve component | 19 | | of the United States Armed Forces or the National Guard | 20 | | of any state, commonwealth, or territory of the United | 21 | | States or the District of Columbia. | 22 | | Except as otherwise provided under this | 23 | | subparagraph, a | 24 | | (B) Alternative provisional educator. An | 25 | | alternative provisional educator endorsement on an | 26 | | Educator License with Stipulations may be issued to an |
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| 1 | | applicant who, at the time of applying for the | 2 | | endorsement, has done all of the following: | 3 | | (i) Graduated from a regionally accredited | 4 | | college or university with a minimum of a | 5 | | bachelor's degree. | 6 | | (ii) Successfully completed the first phase of | 7 | | the Alternative Educator Licensure Program for | 8 | | Teachers, as described in Section 21B-50 of this | 9 | | Code. | 10 | | (iii) Passed a test of basic skills and content | 11 | | area test, as required under Section 21B-30 of this | 12 | | Code. | 13 | | The alternative provisional educator endorsement is | 14 | | valid for 2 years of teaching and may be renewed for a | 15 | | third year by an individual meeting the requirements set | 16 | | forth in Section 21B-50 of this Code. | 17 | | (C) Alternative provisional superintendent. An | 18 | | alternative provisional superintendent endorsement on | 19 | | an Educator License with Stipulations entitles the | 20 | | holder to serve only as a superintendent or assistant | 21 | | superintendent in a school district's central office. | 22 | | This endorsement may only be issued to an applicant | 23 | | who, at the time of applying for the endorsement, has | 24 | | done all of the following: | 25 | | (i) Graduated from a regionally accredited | 26 | | college or university with a minimum of a master's |
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| 1 | | degree in a management field other than education. | 2 | | (ii) Been employed for a period of at least 5 | 3 | | years in a management level position in a field | 4 | | other than education. | 5 | | (iii) Successfully completed the first phase | 6 | | of an alternative route to superintendent | 7 | | endorsement program, as provided in Section 21B-55 | 8 | | of this Code. | 9 | | (iv) Passed a test of basic skills and content | 10 | | area test tests required under Section 21B-30 of | 11 | | this Code. | 12 | | The endorsement is valid for 2 fiscal years in | 13 | | order to complete one full year of serving as a | 14 | | superintendent or assistant superintendent. | 15 | | (D) (Blank). | 16 | | (E) Career and technical educator. A career and | 17 | | technical educator endorsement on an Educator License | 18 | | with Stipulations may be issued to an applicant who has | 19 | | a minimum of 60 semester hours of coursework from a | 20 | | regionally accredited institution of higher education | 21 | | or an accredited trade and technical institution and | 22 | | has a minimum of 2,000 hours of experience outside of | 23 | | education in each area to be taught. | 24 | | The career and technical educator endorsement on | 25 | | an Educator License with Stipulations is valid until | 26 | | June 30 immediately following 5 years of the |
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| 1 | | endorsement being issued and may be renewed. For | 2 | | individuals who were issued the career and technical | 3 | | educator endorsement on an Educator License with | 4 | | Stipulations on or after January 1, 2015, the license | 5 | | may be renewed if the individual passes a test of basic | 6 | | skills or test of work proficiency, as required under | 7 | | Section 21B-30 of this Code. | 8 | | An individual who holds a valid career and | 9 | | technical educator endorsement on an Educator License | 10 | | with Stipulations but does not hold a bachelor's degree | 11 | | may substitute teach in career and technical education | 12 | | classrooms. | 13 | | (F) Part-time provisional career and technical | 14 | | educator or provisional career and technical educator. | 15 | | A part-time provisional career and technical educator | 16 | | endorsement or a provisional career and technical | 17 | | educator endorsement on an Educator License with | 18 | | Stipulations may be issued to an applicant who has a | 19 | | minimum of 8,000 hours of work experience in the skill | 20 | | for which the applicant is seeking the endorsement. It | 21 | | is the responsibility of each employing school board | 22 | | and regional office of education to provide | 23 | | verification, in writing, to the State Superintendent | 24 | | of Education at the time the application is submitted | 25 | | that no qualified teacher holding a Professional | 26 | | Educator License or an Educator License with |
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| 1 | | Stipulations with a career and technical educator | 2 | | endorsement is available and that actual circumstances | 3 | | require such issuance. | 4 | | The provisional career and technical educator | 5 | | endorsement on an Educator License with Stipulations | 6 | | is valid until June 30 immediately following 5 years of | 7 | | the endorsement being issued and may be renewed for 5 | 8 | | years. For individuals who were issued the provisional | 9 | | career and technical educator endorsement on an | 10 | | Educator License with Stipulations on or after January | 11 | | 1, 2015, the license may be renewed if the individual | 12 | | passes a test of basic skills or test of work | 13 | | proficiency, as required under Section 21B-30 of this | 14 | | Code. | 15 | | A part-time provisional career and technical | 16 | | educator endorsement on an Educator License with | 17 | | Stipulations may be issued for teaching no more than 2 | 18 | | courses of study for grades 6 through 12. The part-time | 19 | | provisional career and technical educator endorsement | 20 | | on an Educator License with Stipulations is valid until | 21 | | June 30 immediately following 5 years of the | 22 | | endorsement being issued and may be renewed for 5 years | 23 | | if the individual makes application for renewal. | 24 | | An individual who holds a provisional or part-time | 25 | | provisional career and technical educator endorsement | 26 | | on an Educator License with Stipulations but does not |
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| 1 | | hold a bachelor's degree may substitute teach in career | 2 | | and technical education classrooms. | 3 | | (G) Transitional bilingual educator. A | 4 | | transitional bilingual educator endorsement on an | 5 | | Educator License with Stipulations may be issued for | 6 | | the purpose of providing instruction in accordance | 7 | | with Article 14C of this Code to an applicant who | 8 | | provides satisfactory evidence that he or she meets all | 9 | | of the following requirements: | 10 | | (i) Possesses adequate speaking, reading, and | 11 | | writing ability in the language other than English | 12 | | in which transitional bilingual education is | 13 | | offered. | 14 | | (ii) Has the ability to successfully | 15 | | communicate in English. | 16 | | (iii) Either possessed, within 5 years | 17 | | previous to his or her applying for a transitional | 18 | | bilingual educator endorsement, a valid and | 19 | | comparable teaching certificate or comparable | 20 | | authorization issued by a foreign country or holds | 21 | | a degree from an institution of higher learning in | 22 | | a foreign country that the State Educator | 23 | | Preparation and Licensure Board determines to be | 24 | | the equivalent of a bachelor's degree from a | 25 | | regionally accredited institution of higher | 26 | | learning in the United States. |
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| 1 | | A transitional bilingual educator endorsement | 2 | | shall be valid for prekindergarten through grade 12, is | 3 | | valid until June 30 immediately following 5 years of | 4 | | the endorsement being issued, and shall not be renewed. | 5 | | Persons holding a transitional bilingual educator | 6 | | endorsement shall not be employed to replace any | 7 | | presently employed teacher who otherwise would not be | 8 | | replaced for any reason. | 9 | | (H) Language endorsement. In an effort to | 10 | | alleviate the shortage of teachers speaking a language | 11 | | other than English in the public schools, an individual | 12 | | who holds an Educator License with Stipulations may | 13 | | also apply for a language endorsement, provided that | 14 | | the applicant provides satisfactory evidence that he | 15 | | or she meets all of the following requirements: | 16 | | (i) Holds a transitional bilingual | 17 | | endorsement. | 18 | | (ii) Has demonstrated proficiency in the | 19 | | language for which the endorsement is to be issued | 20 | | by passing the applicable language content test | 21 | | required by the State Board of Education. | 22 | | (iii) Holds a bachelor's degree or higher from | 23 | | a regionally accredited institution of higher | 24 | | education or, for individuals educated in a | 25 | | country other than the United States, holds a | 26 | | degree from an institution of higher learning in a |
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| 1 | | foreign country that the State Educator | 2 | | Preparation and Licensure Board determines to be | 3 | | the equivalent of a bachelor's degree from a | 4 | | regionally accredited institution of higher | 5 | | learning in the United States. | 6 | | (iv) (Blank). Has passed a test of basic | 7 | | skills, as required under Section 21B-30 of this | 8 | | Code. | 9 | | A language endorsement on an Educator License with | 10 | | Stipulations is valid for prekindergarten through | 11 | | grade 12 for the same validity period as the | 12 | | individual's transitional bilingual educator | 13 | | endorsement on the Educator License with Stipulations | 14 | | and shall not be renewed. | 15 | | (I) Visiting international educator. A visiting | 16 | | international educator endorsement on an Educator | 17 | | License with Stipulations may be issued to an | 18 | | individual who is being recruited by a particular | 19 | | school district that conducts formal recruitment | 20 | | programs outside of the United States to secure the | 21 | | services of qualified teachers and who meets all of the | 22 | | following requirements: | 23 | | (i) Holds the equivalent of a minimum of a | 24 | | bachelor's degree issued in the United States. | 25 | | (ii) Has been prepared as a teacher at the | 26 | | grade level for which he or she will be employed. |
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| 1 | | (iii) Has adequate content knowledge in the | 2 | | subject to be taught. | 3 | | (iv) Has an adequate command of the English | 4 | | language. | 5 | | A holder of a visiting international educator | 6 | | endorsement on an Educator License with Stipulations | 7 | | shall be permitted to teach in bilingual education | 8 | | programs in the language that was the medium of | 9 | | instruction in his or her teacher preparation program, | 10 | | provided that he or she passes the English Language | 11 | | Proficiency Examination or another test of writing | 12 | | skills in English identified by the State Board of | 13 | | Education, in consultation with the State Educator | 14 | | Preparation and Licensure Board. | 15 | | A visiting international educator endorsement on | 16 | | an Educator License with Stipulations is valid for 3 | 17 | | years and shall not be renewed. | 18 | | (J) Paraprofessional educator. A paraprofessional | 19 | | educator endorsement on an Educator License with | 20 | | Stipulations may be issued to an applicant who holds a | 21 | | high school diploma or its recognized equivalent and | 22 | | either holds an associate's degree or a minimum of 60 | 23 | | semester hours of credit from a regionally accredited | 24 | | institution of higher education or has passed a test of | 25 | | basic skills required under Section 21B-30 of this | 26 | | Code . The paraprofessional educator endorsement is |
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| 1 | | valid until June 30 immediately following 5 years of | 2 | | the endorsement being issued and may be renewed through | 3 | | application and payment of the appropriate fee, as | 4 | | required under Section 21B-40 of this Code. An | 5 | | individual who holds only a paraprofessional educator | 6 | | endorsement is not subject to additional requirements | 7 | | in order to renew the endorsement. | 8 | | (K) Chief school business official. A chief school | 9 | | business official endorsement on an Educator License | 10 | | with Stipulations may be issued to an applicant who | 11 | | qualifies by having a master's degree or higher, 2 | 12 | | years of full-time administrative experience in school | 13 | | business management or 2 years of university-approved | 14 | | practical experience, and a minimum of 24 semester | 15 | | hours of graduate credit in a program approved by the | 16 | | State Board of Education for the preparation of school | 17 | | business administrators and by passage of the | 18 | | applicable State tests, including an a test of basic | 19 | | skills and applicable content area test. | 20 | | The chief school business official endorsement may | 21 | | also be affixed to the Educator License with | 22 | | Stipulations of any holder who qualifies by having a | 23 | | master's degree in business administration, finance, | 24 | | accounting, or public administration and who completes | 25 | | an additional 6 semester hours of internship in school | 26 | | business management from a regionally accredited |
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| 1 | | institution of higher education and passes the | 2 | | applicable State tests, including an a test of basic | 3 | | skills and applicable content area test. This | 4 | | endorsement shall be required for any individual | 5 | | employed as a chief school business official. | 6 | | The chief school business official endorsement on | 7 | | an Educator License with Stipulations is valid until | 8 | | June 30 immediately following 5 years of the | 9 | | endorsement being issued and may be renewed if the | 10 | | license holder completes renewal requirements as | 11 | | required for individuals who hold a Professional | 12 | | Educator License endorsed for chief school business | 13 | | official under Section 21B-45 of this Code and such | 14 | | rules as may be adopted by the State Board of | 15 | | Education. | 16 | | The State Board of Education shall adopt any rules | 17 | | necessary to implement Public Act 100-288. | 18 | | (L) Provisional in-state educator. A provisional | 19 | | in-state educator endorsement on an Educator License | 20 | | with Stipulations may be issued to a candidate who has | 21 | | completed an Illinois-approved educator preparation | 22 | | program at an Illinois institution of higher education | 23 | | and who has not successfully completed an | 24 | | evidence-based assessment of teacher effectiveness but | 25 | | who meets all of the following requirements: | 26 | | (i) Holds at least a bachelor's degree. |
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| 1 | | (ii) Has completed an approved educator | 2 | | preparation program at an Illinois institution. | 3 | | (iii) Has passed an a test of basic skills and | 4 | | applicable content area test, as required by | 5 | | Section 21B-30 of this Code. | 6 | | (iv) Has attempted an evidence-based | 7 | | assessment of teacher effectiveness and received a | 8 | | minimum score on that assessment, as established | 9 | | by the State Board of Education in consultation | 10 | | with the State Educator Preparation and Licensure | 11 | | Board. | 12 | | A provisional in-state educator endorsement on an | 13 | | Educator License with Stipulations is valid for one | 14 | | full fiscal year after the date of issuance and may not | 15 | | be renewed. | 16 | | (M) School support personnel intern. A school | 17 | | support personnel intern endorsement on an Educator | 18 | | License with Stipulations may be issued as specified by | 19 | | rule. | 20 | | (N) Special education area. A special education | 21 | | area endorsement on an Educator License with | 22 | | Stipulations may be issued as defined and specified by | 23 | | rule. For a special education endorsement in the area | 24 | | of Early Childhood Special Education, an individual | 25 | | may satisfy the student teaching requirement of his or | 26 | | her early childhood teacher preparation program |
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| 1 | | through placement in a setting with children from birth | 2 | | through grade 2, and the individual may be paid and | 3 | | receive credit while student teaching. The student | 4 | | teaching experience must meet the requirements of and | 5 | | be approved by the individual's early childhood | 6 | | teacher preparation program. | 7 | | (3) Substitute Teaching License. A Substitute Teaching | 8 | | License may be issued to qualified applicants for | 9 | | substitute teaching in all grades of the public schools, | 10 | | prekindergarten through grade 12. Substitute Teaching | 11 | | Licenses are not eligible for endorsements. Applicants for | 12 | | a Substitute Teaching License must hold a bachelor's degree | 13 | | or higher from a regionally accredited institution of | 14 | | higher education. | 15 | | Substitute Teaching Licenses are valid for 5 years. | 16 | | Substitute Teaching Licenses are valid for substitute | 17 | | teaching in every county of this State. If an individual | 18 | | has had his or her Professional Educator License or | 19 | | Educator License with Stipulations suspended or revoked, | 20 | | then that individual is not eligible to obtain a Substitute | 21 | | Teaching License. | 22 | | A substitute teacher may only teach in the place of a | 23 | | licensed teacher who is under contract with the employing | 24 | | board. If, however, there is no licensed teacher under | 25 | | contract because of an emergency situation, then a district | 26 | | may employ a substitute teacher for no longer than 30 |
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| 1 | | calendar days per each vacant position in the district if | 2 | | the district notifies the appropriate regional office of | 3 | | education within 5 business days after the employment of | 4 | | the substitute teacher in the emergency situation. An | 5 | | emergency situation is one in which an unforeseen vacancy | 6 | | has occurred and (i) a teacher is unable to fulfill his or | 7 | | her contractual duties or (ii) teacher capacity needs of | 8 | | the district exceed previous indications, and the district | 9 | | is actively engaged in advertising to hire a fully licensed | 10 | | teacher for the vacant position. | 11 | | There is no limit on the number of days that a | 12 | | substitute teacher may teach in a single school district, | 13 | | provided that no substitute teacher may teach for longer | 14 | | than 90 school days for any one licensed teacher under | 15 | | contract in the same school year. A substitute teacher who | 16 | | holds a Professional Educator License or Educator License | 17 | | with Stipulations shall not teach for more than 120 school | 18 | | days for any one licensed teacher under contract in the | 19 | | same school year. The limitations in this paragraph (3) on | 20 | | the number of days a substitute teacher may be employed do | 21 | | not apply to any school district operating under Article 34 | 22 | | of this Code. | 23 | | A school district may not require an individual who | 24 | | holds a valid Professional Educator License or Educator | 25 | | License with Stipulations to seek or hold a Substitute | 26 | | Teaching License to teach as a substitute teacher. |
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| 1 | | (4) Short-Term Substitute Teaching License. Beginning | 2 | | on July 1, 2018 and until June 30, 2023, the State Board of | 3 | | Education may issue a Short-Term Substitute Teaching | 4 | | License. A Short-Term Substitute Teaching License may be | 5 | | issued to a qualified applicant for substitute teaching in | 6 | | all grades of the public schools, prekindergarten through | 7 | | grade 12. Short-Term Substitute Teaching Licenses are not | 8 | | eligible for endorsements. Applicants for a Short-Term | 9 | | Substitute Teaching License must hold an associate's | 10 | | degree or have completed at least 60 credit hours from a | 11 | | regionally accredited institution of higher education. | 12 | | Short-Term Substitute Teaching Licenses are valid for | 13 | | substitute teaching in every county of this State. If an | 14 | | individual has had his or her Professional Educator License | 15 | | or Educator License with Stipulations suspended or | 16 | | revoked, then that individual is not eligible to obtain a | 17 | | Short-Term Substitute Teaching License. | 18 | | The provisions of Sections 10-21.9 and 34-18.5 of this | 19 | | Code apply to short-term substitute teachers. | 20 | | An individual holding a Short-Term Substitute Teaching | 21 | | License may teach no more than 5 consecutive days per | 22 | | licensed teacher who is under contract. For teacher | 23 | | absences lasting 6 or more days per licensed teacher who is | 24 | | under contract, a school district may not hire an | 25 | | individual holding a Short-Term Substitute Teaching | 26 | | License. An individual holding a Short-Term Substitute |
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| 1 | | Teaching License must complete the training program under | 2 | | Section 10-20.67 or 34-18.60 of this Code to be eligible to | 3 | | teach at a public school. This paragraph (4) is inoperative | 4 | | on and after July 1, 2023.
| 5 | | (Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, | 6 | | eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8, | 7 | | eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17; | 8 | | 100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff. | 9 | | 8-14-18; revised 10-1-18.) | 10 | | (105 ILCS 5/21B-25) | 11 | | Sec. 21B-25. Endorsement on licenses. All licenses issued | 12 | | under paragraph (1) of Section 21B-20 of this Code shall be | 13 | | specifically endorsed by the State Board of Education for each | 14 | | content area, school support area, and administrative area for | 15 | | which the holder of the license is qualified. Recognized | 16 | | institutions approved to offer educator preparation programs | 17 | | shall be trained to add endorsements to licenses issued to | 18 | | applicants who meet all of the requirements for the endorsement | 19 | | or endorsements, including passing any required tests. The | 20 | | State Superintendent of Education shall randomly audit | 21 | | institutions to ensure that all rules and standards are being | 22 | | followed for entitlement or when endorsements are being | 23 | | recommended. | 24 | | (1) The State Board of Education, in consultation with | 25 | | the State Educator Preparation and Licensure Board, shall |
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| 1 | | establish, by rule, the grade level and subject area | 2 | | endorsements to be added to the Professional Educator | 3 | | License. These rules shall outline the requirements for | 4 | | obtaining each endorsement. | 5 | | (2) In addition to any and all grade level and content | 6 | | area endorsements developed by rule, the State Board of | 7 | | Education, in consultation with the State Educator | 8 | | Preparation and Licensure Board, shall develop the | 9 | | requirements for the following endorsements: | 10 | | (A) (Blank). | 11 | | (B) Principal endorsement. A principal endorsement | 12 | | shall be affixed to a Professional Educator License of | 13 | | any holder who qualifies by having all of the | 14 | | following: | 15 | | (i) Successful completion of a principal | 16 | | preparation program approved in accordance with | 17 | | Section 21B-60 of this Code and any applicable | 18 | | rules. | 19 | | (ii) At least 4 total years of teaching or 4 | 20 | | total years of working in the capacity of school | 21 | | support personnel in an Illinois public school or | 22 | | nonpublic school recognized by the State Board of | 23 | | Education, in a school under the supervision of the | 24 | | Department of Corrections, or in an out-of-state | 25 | | public school or out-of-state nonpublic school | 26 | | meeting out-of-state recognition standards |
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| 1 | | comparable to those approved by the State | 2 | | Superintendent of Education; however, the State | 3 | | Board of Education, in consultation with the State | 4 | | Educator Preparation and Licensure Board, shall | 5 | | allow, by rules, for fewer than 4 years of | 6 | | experience based on meeting standards set forth in | 7 | | such rules, including without limitation a review | 8 | | of performance evaluations or other evidence of | 9 | | demonstrated qualifications. | 10 | | (iii) A master's degree or higher from a | 11 | | regionally accredited college or university. | 12 | | (C) Chief school business official endorsement. A | 13 | | chief school business official endorsement shall be | 14 | | affixed to the Professional Educator License of any | 15 | | holder who qualifies by having a master's degree or | 16 | | higher, 2 years of full-time administrative experience | 17 | | in school business management or 2 years of | 18 | | university-approved practical experience, and a | 19 | | minimum of 24 semester hours of graduate credit in a | 20 | | program approved by the State Board of Education for | 21 | | the preparation of school business administrators and | 22 | | by passage of the applicable State tests. The chief | 23 | | school business official endorsement may also be | 24 | | affixed to the Professional Educator License of any | 25 | | holder who qualifies by having a master's degree in | 26 | | business administration, finance, accounting, or |
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| 1 | | public administration and who completes an additional | 2 | | 6 semester hours of internship in school business | 3 | | management from a regionally accredited institution of | 4 | | higher education and passes the applicable State | 5 | | tests. This endorsement shall be required for any | 6 | | individual employed as a chief school business | 7 | | official. | 8 | | (D) Superintendent endorsement. A superintendent | 9 | | endorsement shall be affixed to the Professional | 10 | | Educator License of any holder who has completed a | 11 | | program approved by the State Board of Education for | 12 | | the preparation of superintendents of schools, has had | 13 | | at least 2 years of experience employed full-time in a | 14 | | general administrative position or as a full-time | 15 | | principal, director of special education, or chief | 16 | | school business official in the public schools or in a | 17 | | State-recognized nonpublic school in which the chief | 18 | | administrator is required to have the licensure | 19 | | necessary to be a principal in a public school in this | 20 | | State and where a majority of the teachers are required | 21 | | to have the licensure necessary to be instructors in a | 22 | | public school in this State, and has passed the | 23 | | required State tests; or of any holder who has | 24 | | completed a program that is not an Illinois-approved | 25 | | educator preparation program at an Illinois | 26 | | institution of higher education and that has |
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| 1 | | recognition standards comparable to those approved by | 2 | | the State Superintendent of Education and holds the | 3 | | general administrative, principal, or chief school | 4 | | business official endorsement and who has had 2 years | 5 | | of experience as a principal, director of special | 6 | | education, or chief school business official while | 7 | | holding a valid educator license or certificate | 8 | | comparable in validity and educational and experience | 9 | | requirements and has passed the appropriate State | 10 | | tests, as provided in Section 21B-30 of this Code. The | 11 | | superintendent endorsement shall allow individuals to | 12 | | serve only as a superintendent or assistant | 13 | | superintendent. | 14 | | (E) Teacher leader endorsement. It shall be the | 15 | | policy of this State to improve the quality of | 16 | | instructional leaders by providing a career pathway | 17 | | for teachers interested in serving in leadership | 18 | | roles, but not as principals. The State Board of | 19 | | Education, in consultation with the State Educator | 20 | | Preparation and Licensure Board, may issue a teacher | 21 | | leader endorsement under this subdivision (E). Persons | 22 | | who meet and successfully complete the requirements of | 23 | | the endorsement shall be issued a teacher leader | 24 | | endorsement on the Professional Educator License for | 25 | | serving in schools in this State. Teacher leaders may | 26 | | qualify to serve in such positions as department |
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| 1 | | chairs, coaches, mentors, curriculum and instruction | 2 | | leaders, or other leadership positions as defined by | 3 | | the district. The endorsement shall be available to | 4 | | those teachers who (i) hold a Professional Educator | 5 | | License, (ii) hold a master's degree or higher from a | 6 | | regionally accredited institution, (iii) have | 7 | | completed a program of study that has been approved by | 8 | | the State Board of Education, in consultation with the | 9 | | State Educator Preparation and Licensure Board, and | 10 | | (iv) have successfully demonstrated competencies as | 11 | | defined by rule. | 12 | | A teacher who meets the requirements set forth in | 13 | | this Section and holds a teacher leader endorsement may | 14 | | evaluate teachers pursuant to Section 24A-5 of this | 15 | | Code, provided that the individual has completed the | 16 | | evaluation component required by Section 24A-3 of this | 17 | | Code and a teacher leader is allowed to evaluate | 18 | | personnel under the respective school district's | 19 | | collective bargaining agreement. | 20 | | The State Board of Education, in consultation with | 21 | | the State Educator Preparation and Licensure Board, | 22 | | may adopt such rules as may be necessary to establish | 23 | | and implement the teacher leader endorsement program | 24 | | and to specify the positions for which this endorsement | 25 | | shall be required. | 26 | | (F) Special education endorsement. A special |
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| 1 | | education endorsement in one or more areas shall be | 2 | | affixed to a Professional Educator License for any | 3 | | individual that meets those requirements established | 4 | | by the State Board of Education in rules. Special | 5 | | education endorsement areas shall include without | 6 | | limitation the following: | 7 | | (i) Learning Behavior Specialist I; | 8 | | (ii) Learning Behavior Specialist II; | 9 | | (iii) Speech Language Pathologist; | 10 | | (iv) Blind or Visually Impaired; | 11 | | (v) Deaf-Hard of Hearing; | 12 | | (vi) Early Childhood Special Education; and | 13 | | (vii) Director of Special Education. | 14 | | For a special education endorsement in the | 15 | | area of Early Childhood Special Education, an | 16 | | individual may satisfy the student teaching | 17 | | requirement of his or her early childhood teacher | 18 | | preparation program through placement in a setting | 19 | | with children from birth through grade 2, and the | 20 | | individual may be paid and receive credit while student | 21 | | teaching. The student teaching experience must meet | 22 | | the requirements of and be approved by the individual's | 23 | | early childhood teacher preparation program. | 24 | | Notwithstanding anything in this Code to the contrary, | 25 | | the State Board of Education, in consultation with the | 26 | | State Educator Preparation and Licensure Board, may |
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| 1 | | add additional areas of special education by rule. | 2 | | (G) School support personnel endorsement. School | 3 | | support personnel endorsement areas shall include, but | 4 | | are not limited to, school counselor, marriage and | 5 | | family therapist, school psychologist, school speech | 6 | | and language pathologist, school nurse, and school | 7 | | social worker. This endorsement is for individuals who | 8 | | are not teachers or administrators, but still require | 9 | | licensure to work in an instructional support position | 10 | | in a public or State-operated elementary school, | 11 | | secondary school, or cooperative or joint agreement | 12 | | with a governing body or board of control or a charter | 13 | | school operating in compliance with the Charter | 14 | | Schools Law. The school support personnel endorsement | 15 | | shall be affixed to the Professional Educator License | 16 | | and shall meet all of the requirements established in | 17 | | any rules adopted to implement this subdivision (G). | 18 | | The holder of such an endorsement is entitled to all of | 19 | | the rights and privileges granted holders of any other | 20 | | Professional Educator License, including teacher | 21 | | benefits, compensation, and working conditions.
| 22 | | (Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16; | 23 | | 99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff. | 24 | | 8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780, | 25 | | eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)
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| 1 | | (105 ILCS 5/21B-30)
| 2 | | Sec. 21B-30. Educator testing. | 3 | | (a) This Section applies beginning on July 1, 2012. | 4 | | (b) The State Board of Education, in consultation with the | 5 | | State Educator Preparation and Licensure Board, shall design | 6 | | and implement a system of examinations, which shall be required | 7 | | prior to the issuance of educator licenses. These examinations | 8 | | and indicators must be based on national and State professional | 9 | | teaching standards, as determined by the State Board of | 10 | | Education, in consultation with the State Educator Preparation | 11 | | and Licensure Board. The State Board of Education may adopt | 12 | | such rules as may be necessary to implement and administer this | 13 | | Section. | 14 | | (c) (Blank). Except as otherwise provided in this Article, | 15 | | applicants seeking a Professional Educator License or an | 16 | | Educator License with Stipulations shall be required to pass a | 17 | | test of basic skills before the license is issued, unless the | 18 | | endorsement the individual is seeking does not require passage | 19 | | of the test. All applicants completing Illinois-approved, | 20 | | teacher education or school service personnel preparation | 21 | | programs shall be required to pass the State Board of | 22 | | Education's recognized test of basic skills prior to starting | 23 | | their student teaching or starting the final semester of their | 24 | | internship. An institution of higher learning, as defined in | 25 | | the Higher Education Student Assistance Act, may not require an | 26 | | applicant to complete the State Board's recognized test of |
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| 1 | | basic skills prior to the semester before student teaching or | 2 | | prior to the semester before starting the final semester of an | 3 | | internship. An individual who passes a test of basic skills | 4 | | does not need to do so again for subsequent endorsements or | 5 | | other educator licenses. | 6 | | (d) All applicants seeking a State license shall be | 7 | | required to pass a test of content area knowledge for each area | 8 | | of endorsement for which there is an applicable test. There | 9 | | shall be no exception to this requirement. No candidate shall | 10 | | be allowed to student teach or serve as the teacher of record | 11 | | until he or she has passed the applicable content area test. | 12 | | (e) (Blank). | 13 | | (f) Except as otherwise provided in this Article, beginning | 14 | | on September 1, 2015, all candidates completing teacher | 15 | | preparation programs in this State and all candidates subject | 16 | | to Section 21B-35 of this Code are required to pass a teacher | 17 | | performance assessment approved by the State Board of | 18 | | Education, in consultation with the State Educator Preparation | 19 | | and Licensure Board. Subject to appropriation, an individual | 20 | | who holds a Professional Educator License and is employed for a | 21 | | minimum of one school year by a school district designated as | 22 | | Tier 1 under Section 18-8.15 may, after application to the | 23 | | State Board, receive from the State Board a refund for any | 24 | | costs associated with completing the teacher performance | 25 | | assessment under this subsection. | 26 | | (g) The Tests of basic skills and content area knowledge |
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| 1 | | test and the teacher performance assessment shall be the tests | 2 | | that from time to time are designated by the State Board of | 3 | | Education, in consultation with the State Educator Preparation | 4 | | and Licensure Board, and may be tests prepared by an | 5 | | educational testing organization or tests designed by the State | 6 | | Board of Education, in consultation with the State Educator | 7 | | Preparation and Licensure Board. The areas to be covered by a | 8 | | test of basic skills shall include reading, language arts, and | 9 | | mathematics. The test of content area knowledge shall assess | 10 | | content knowledge in a specific subject field. The tests must | 11 | | be designed to be racially neutral to ensure that no person | 12 | | taking the tests is discriminated against on the basis of race, | 13 | | color, national origin, or other factors unrelated to the | 14 | | person's ability to perform as a licensed employee. The score | 15 | | required to pass the tests shall be fixed by the State Board of | 16 | | Education, in consultation with the State Educator Preparation | 17 | | and Licensure Board. The tests shall be administered not fewer | 18 | | than 3 times a year at such time and place as may be designated | 19 | | by the State Board of Education, in consultation with the State | 20 | | Educator Preparation and Licensure Board. | 21 | | The State Board shall implement a test or tests to assess | 22 | | the speaking, reading, writing, and grammar skills of | 23 | | applicants for an endorsement or a license issued under | 24 | | subdivision (G) of paragraph (2) of Section 21B-20 of this Code | 25 | | in the English language and in the language of the transitional | 26 | | bilingual education program requested by the applicant. |
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| 1 | | (h) Except as provided in Section 34-6 of this Code, the | 2 | | provisions of this Section shall apply equally in any school | 3 | | district subject to Article 34 of this Code. | 4 | | (i) The rules developed to implement and enforce the | 5 | | testing requirements under this Section shall include without | 6 | | limitation provisions governing test selection, test | 7 | | validation and determination of a passing score, | 8 | | administration of the tests, frequency of administration, | 9 | | applicant fees, frequency of applicants taking the tests, the | 10 | | years for which a score is valid, and appropriate special | 11 | | accommodations. The State Board of Education shall develop such | 12 | | rules as may be needed to ensure uniformity from year to year | 13 | | in the level of difficulty for each form of an assessment.
| 14 | | (Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16; | 15 | | 99-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff. | 16 | | 8-14-18; 100-932, eff. 8-17-18; revised 10-1-18.) | 17 | | (105 ILCS 5/21B-35) | 18 | | Sec. 21B-35. Minimum requirements for educators trained in | 19 | | other states or countries. | 20 | | (a) Any applicant who has not been entitled by an | 21 | | Illinois-approved educator preparation program at an Illinois | 22 | | institution of higher education applying for a Professional | 23 | | Educator License endorsed in a teaching field or school support | 24 | | personnel area must meet the following requirements: | 25 | | (1) the applicant must: |
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| 1 | | (A) hold a comparable and valid educator license or | 2 | | certificate, as defined by rule, with similar grade | 3 | | level and content area credentials from another state, | 4 | | with the State Board of Education having the authority | 5 | | to determine what constitutes similar grade level and | 6 | | content area credentials from another state; and | 7 | | (B) have a bachelor's degree from a regionally | 8 | | accredited institution of higher education; or | 9 | | (2) the applicant must: | 10 | | (A) have completed a state-approved program for | 11 | | the licensure area sought, including coursework | 12 | | concerning methods of instruction of the exceptional | 13 | | child, methods of reading and reading in the content | 14 | | area, and instructional strategies for English | 15 | | learners; | 16 | | (B) have a bachelor's degree from a regionally | 17 | | accredited institution of higher education; | 18 | | (C) have successfully met all Illinois examination | 19 | | requirements, except that: | 20 | | (i) (blank); an applicant who has successfully | 21 | | completed a test of basic skills, as defined by | 22 | | rules, at the time of initial licensure in another | 23 | | state is not required to complete a test of basic | 24 | | skills; | 25 | | (ii) an applicant who has successfully | 26 | | completed a test of content, as defined by rules, |
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| 1 | | at the time of initial licensure in another state | 2 | | is not required to complete a test of content; and | 3 | | (iii) an applicant for a teaching endorsement | 4 | | who has successfully completed an evidence-based | 5 | | assessment of teacher effectiveness, as defined by | 6 | | rules, at the time of initial licensure in another | 7 | | state is not required to complete an | 8 | | evidence-based assessment of teacher | 9 | | effectiveness; and | 10 | | (D) for an applicant for a teaching endorsement, | 11 | | have completed student teaching or an equivalent | 12 | | experience or, for an applicant for a school service | 13 | | personnel endorsement, have completed an internship or | 14 | | an equivalent experience. | 15 | | (b) In order to receive a Professional Educator License | 16 | | endorsed in a teaching field or school support personnel area, | 17 | | applicants trained in another country must meet all of the | 18 | | following requirements: | 19 | | (1) Have completed a comparable education program in | 20 | | another country. | 21 | | (2) Have had transcripts evaluated by an evaluation | 22 | | service approved by the State Superintendent of Education. | 23 | | (3) Have a degree comparable to a degree from a | 24 | | regionally accredited institution of higher education. | 25 | | (4) Have completed coursework aligned to standards | 26 | | concerning methods of instruction of the exceptional |
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| 1 | | child, methods of reading and reading in the content area, | 2 | | and instructional strategies for English learners. | 3 | | (5) (Blank). | 4 | | (6) (Blank). | 5 | | (7) Have successfully met all State licensure | 6 | | examination requirements. Applicants who have successfully | 7 | | completed a test of basic skills, as defined by rules, at | 8 | | the time of initial licensure in another country shall not | 9 | | be required to complete a test of basic skills. Applicants | 10 | | who have successfully completed a test of content, as | 11 | | defined by rules, at the time of initial licensure in | 12 | | another country shall not be required to complete a test of | 13 | | content. Applicants for a teaching endorsement who have | 14 | | successfully completed an evidence-based assessment of | 15 | | teacher effectiveness, as defined by rules, at the time of | 16 | | initial licensure in another country shall not be required | 17 | | to complete an evidence-based assessment of teacher | 18 | | effectiveness. | 19 | | (8) Have completed student teaching or an equivalent | 20 | | experience. | 21 | | (b-5) All applicants who have not been entitled by an | 22 | | Illinois-approved educator preparation program at an Illinois | 23 | | institution of higher education and applicants trained in | 24 | | another country applying for a Professional Educator License | 25 | | endorsed for principal or superintendent must hold a master's | 26 | | degree from a regionally accredited institution of higher |
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| 1 | | education and must hold a comparable and valid educator license | 2 | | or certificate with similar grade level and subject matter | 3 | | credentials, with the State Board of Education having the | 4 | | authority to determine what constitutes similar grade level and | 5 | | subject matter credentials from another state, or must meet all | 6 | | of the following requirements: | 7 | | (1) Have completed an educator preparation program | 8 | | approved by another state or comparable educator program in | 9 | | another country leading to the receipt of a license or | 10 | | certificate for the Illinois endorsement sought. | 11 | | (2) Have successfully met all State licensure | 12 | | examination requirements, as required by Section 21B-30 of | 13 | | this Code. Applicants who have successfully completed a | 14 | | test of basic skills, as defined by rules, at the time of | 15 | | initial licensure in another state or country shall not be | 16 | | required to complete a test of basic skills. Applicants who | 17 | | have successfully completed a test of content, as defined | 18 | | by rules, at the time of initial licensure in another state | 19 | | or country shall not be required to complete a test of | 20 | | content. | 21 | | (2.5) Have completed an internship, as defined by rule. | 22 | | (3) (Blank). | 23 | | (4) Have completed coursework aligned to standards | 24 | | concerning methods of instruction of the exceptional | 25 | | child, methods of reading and reading in the content area, | 26 | | and instructional strategies for English learners. |
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| 1 | | (5) Have completed a master's degree. | 2 | | (6) Have successfully completed teaching, school | 3 | | support, or administrative experience as defined by rule. | 4 | | (b-7) All applicants who have not been entitled by an | 5 | | Illinois-approved educator preparation program at an Illinois | 6 | | institution of higher education applying for a Professional | 7 | | Educator License endorsed for Director of Special Education | 8 | | must hold a master's degree from a regionally accredited | 9 | | institution of higher education and must hold a comparable and | 10 | | valid educator license or certificate with similar grade level | 11 | | and subject matter credentials, with the State Board of | 12 | | Education having the authority to determine what constitutes | 13 | | similar grade level and subject matter credentials from another | 14 | | state, or must meet all of the following requirements: | 15 | | (1) Have completed a master's degree. | 16 | | (2) Have 2 years of full-time experience providing | 17 | | special education services. | 18 | | (3) Have successfully completed all examination | 19 | | requirements, as required by Section 21B-30 of this Code. | 20 | | Applicants who have successfully completed a test of | 21 | | content, as identified by rules, at the time of initial | 22 | | licensure in another state or country shall not be required | 23 | | to complete a test of content. | 24 | | (4) Have completed coursework aligned to standards | 25 | | concerning methods of instruction of the exceptional | 26 | | child, methods of reading and reading in the content area, |
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| 1 | | and instructional strategies for English learners. | 2 | | (b-10) All applicants who have not been entitled by an | 3 | | Illinois-approved educator preparation program at an Illinois | 4 | | institution of higher education applying for a Professional | 5 | | Educator License endorsed for chief school business official | 6 | | must hold a master's degree from a regionally accredited | 7 | | institution of higher education and must hold a comparable and | 8 | | valid educator license or certificate with similar grade level | 9 | | and subject matter credentials, with the State Board of | 10 | | Education having the authority to determine what constitutes | 11 | | similar grade level and subject matter credentials from another | 12 | | state, or must meet all of the following requirements: | 13 | | (1) Have completed a master's degree in school business | 14 | | management, finance, or accounting. | 15 | | (2) Have successfully completed an internship in | 16 | | school business management or have 2 years of experience as | 17 | | a school business administrator. | 18 | | (3) Have successfully met all State examination | 19 | | requirements, as required by Section 21B-30 of this Code. | 20 | | Applicants who have successfully completed a test of | 21 | | content, as identified by rules, at the time of initial | 22 | | licensure in another state or country shall not be required | 23 | | to complete a test of content. | 24 | | (4) Have completed modules aligned to standards | 25 | | concerning methods of instruction of the exceptional | 26 | | child, methods of reading and reading in the content area, |
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| 1 | | and instructional strategies for English learners. | 2 | | (c) The State Board of Education, in consultation with the | 3 | | State Educator Preparation and Licensure Board, may adopt such | 4 | | rules as may be necessary to implement this Section.
| 5 | | (Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 100-13, | 6 | | eff. 7-1-17; 100-584, eff. 4-6-18; 100-596, eff. 7-1-18.) | 7 | | (105 ILCS 5/21B-50) | 8 | | Sec. 21B-50. Alternative educator licensure program. | 9 | | (a) There is established an alternative educator licensure | 10 | | program, to be known as the Alternative Educator Licensure | 11 | | Program for Teachers. | 12 | | (b) The Alternative Educator Licensure Program for | 13 | | Teachers may be offered by a recognized institution approved to | 14 | | offer educator preparation programs by the State Board of | 15 | | Education, in consultation with the State Educator Preparation | 16 | | and Licensure Board. | 17 | | The program shall be comprised of 4 phases: | 18 | | (1) A course of study that at a minimum includes | 19 | | instructional planning; instructional strategies, | 20 | | including special education, reading, and English language | 21 | | learning; classroom management; and the assessment of | 22 | | students and use of data to drive instruction. | 23 | | (2) A year of residency, which is a candidate's | 24 | | assignment to a full-time teaching position or as a | 25 | | co-teacher for one full school year. An individual must |
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| 1 | | hold an Educator License with Stipulations with an | 2 | | alternative provisional educator endorsement in order to | 3 | | enter the residency and must complete additional program | 4 | | requirements that address required State and national | 5 | | standards, pass the assessment of professional teaching | 6 | | before entering the second residency year, as required | 7 | | under phase (3) of this subsection (b), and be recommended | 8 | | by the principal or qualified equivalent of a principal, as | 9 | | required under subsection (d) of this Section, and the | 10 | | program coordinator to continue with the second year of the | 11 | | residency. | 12 | | (3) A second year of residency, which shall include the | 13 | | candidate's assignment to a full-time teaching position | 14 | | for one school year. The candidate must be assigned an | 15 | | experienced teacher to act as a mentor and coach the | 16 | | candidate through the second year of residency. | 17 | | (4) A comprehensive assessment of the candidate's | 18 | | teaching effectiveness, as evaluated by the principal or | 19 | | qualified equivalent of a principal, as required under | 20 | | subsection (d) of this Section, and the program | 21 | | coordinator, at the end of the second year of residency. If | 22 | | there is disagreement between the 2 evaluators about the | 23 | | candidate's teaching effectiveness, the candidate may | 24 | | complete one additional year of residency teaching under a | 25 | | professional development plan developed by the principal | 26 | | or qualified equivalent and the preparation program. At the |
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| 1 | | completion of the third year, a candidate must have | 2 | | positive evaluations and a recommendation for full | 3 | | licensure from both the principal or qualified equivalent | 4 | | and the program coordinator or no Professional Educator | 5 | | License shall be issued. | 6 | | Successful completion of the program shall be deemed to | 7 | | satisfy any other practice or student teaching and content | 8 | | matter requirements established by law. | 9 | | (c) An alternative provisional educator endorsement on an | 10 | | Educator License with Stipulations is valid for 2 years of | 11 | | teaching in the public schools, including without limitation a | 12 | | preschool educational program under Section 2-3.71 of this Code | 13 | | or charter school, or in a State-recognized nonpublic school in | 14 | | which the chief administrator is required to have the licensure | 15 | | necessary to be a principal in a public school in this State | 16 | | and in which a majority of the teachers are required to have | 17 | | the licensure necessary to be instructors in a public school in | 18 | | this State, but may be renewed for a third year if needed to | 19 | | complete the Alternative Educator Licensure Program for | 20 | | Teachers. The endorsement shall be issued only once to an | 21 | | individual who meets all of the following requirements: | 22 | | (1) Has graduated from a regionally accredited college | 23 | | or university with a bachelor's degree or higher. | 24 | | (2) Has a cumulative grade point average of 3.0 or | 25 | | greater on a 4.0 scale or its equivalent on another scale. | 26 | | (3) Has completed a major in the content area if |
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| 1 | | seeking a middle or secondary level endorsement or, if | 2 | | seeking an early childhood, elementary, or special | 3 | | education endorsement, has completed a major in the content | 4 | | area of reading, English/language arts, mathematics, or | 5 | | one of the sciences. If the individual does not have a | 6 | | major in a content area for any level of teaching, he or | 7 | | she must submit transcripts to the State Board of Education | 8 | | to be reviewed for equivalency. | 9 | | (4) Has successfully completed phase (1) of subsection | 10 | | (b) of this Section. | 11 | | (5) Has passed a test of basic skills and content area | 12 | | test required for the specific endorsement for admission | 13 | | into the program, as required under Section 21B-30 of this | 14 | | Code. | 15 | | A candidate possessing the alternative provisional | 16 | | educator endorsement may receive a salary, benefits, and any | 17 | | other terms of employment offered to teachers in the school who | 18 | | are members of an exclusive bargaining representative, if any, | 19 | | but a school is not required to provide these benefits during | 20 | | the years of residency if the candidate is serving only as a | 21 | | co-teacher. If the candidate is serving as the teacher of | 22 | | record, the candidate must receive a salary, benefits, and any | 23 | | other terms of employment. Residency experiences must not be | 24 | | counted towards tenure. | 25 | | (d) The recognized institution offering the Alternative | 26 | | Educator Licensure Program for Teachers must partner with a |
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| 1 | | school district, including without limitation a preschool | 2 | | educational program under Section 2-3.71 of this Code or | 3 | | charter school, or a State-recognized, nonpublic school in this | 4 | | State in which the chief administrator is required to have the | 5 | | licensure necessary to be a principal in a public school in | 6 | | this State and in which a majority of the teachers are required | 7 | | to have the licensure necessary to be instructors in a public | 8 | | school in this State. A recognized institution that partners | 9 | | with a public school district administering a preschool | 10 | | educational program under Section 2-3.71 of this Code must | 11 | | require a principal to recommend or evaluate candidates in the | 12 | | program. A recognized institution that partners with an | 13 | | eligible entity administering a preschool educational program | 14 | | under Section 2-3.71 of this Code and that is not a public | 15 | | school district must require a principal or qualified | 16 | | equivalent of a principal to recommend or evaluate candidates | 17 | | in the program. The program presented for approval by the State | 18 | | Board of Education must demonstrate the supports that are to be | 19 | | provided to assist the provisional teacher during the 2-year | 20 | | residency period. These supports must provide additional | 21 | | contact hours with mentors during the first year of residency. | 22 | | (e) Upon completion of the 4 phases outlined in subsection | 23 | | (b) of this Section and all assessments required under Section | 24 | | 21B-30 of this Code, an individual shall receive a Professional | 25 | | Educator License. | 26 | | (f) 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 establish and implement the | 3 | | Alternative Educator Licensure Program for Teachers.
| 4 | | (Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18; | 5 | | 100-822, eff. 1-1-19 .) | 6 | | (105 ILCS 5/21B-55) | 7 | | Sec. 21B-55. Alternative route to superintendent | 8 | | endorsement. | 9 | | (a) The State Board of Education, in consultation with the | 10 | | State Educator Preparation and Licensure Board, may approve | 11 | | programs designed to provide an alternative route to | 12 | | superintendent endorsement on a Professional Educator License. | 13 | | (b) Entities offering an alternative route to | 14 | | superintendent endorsement program must have the program | 15 | | approved by the State Board of Education, in consultation with | 16 | | the State Educator Preparation and Licensure Board. | 17 | | (c) All programs approved under this Section shall be | 18 | | comprised of the following 3 phases: | 19 | | (1) A course of study offered on an intensive basis in | 20 | | education management, governance, organization, and | 21 | | instructional and district planning. | 22 | | (2) The person's assignment to a full-time position for | 23 | | one school year as a superintendent. | 24 | | (3) A comprehensive assessment of the person's | 25 | | performance by school officials and a recommendation to the |
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| 1 | | State Board of Education that the person be issued a | 2 | | superintendent endorsement on a Professional Educator | 3 | | License. | 4 | | (d) In order to serve as a superintendent under phase (2) | 5 | | of subsection (c) of this Section, an individual must be issued | 6 | | an alternative provisional superintendent endorsement on an | 7 | | Educator License with Stipulations, to be valid for only one | 8 | | year of serving as a superintendent. In order to receive the | 9 | | provisional alternative superintendent endorsement under this | 10 | | Section, an individual must meet all of the following | 11 | | requirements: | 12 | | (1) Have graduated from a regionally accredited | 13 | | college or university with a minimum of a master's degree | 14 | | in a management field. | 15 | | (2) Have been employed for a period of at least 5 years | 16 | | in a management level position other than education. | 17 | | (3) Have successfully completed phase (1) of | 18 | | subsection (c) of this Section. | 19 | | (4) Have passed a test of basic skills and a content | 20 | | area test for admission into the program, as required by | 21 | | Section 21B-30 of this Code. | 22 | | (e) Successful completion of an alternative route to | 23 | | superintendent endorsement program shall be deemed to satisfy | 24 | | any other supervisory, administrative, or management | 25 | | experience requirements established by law, and, once | 26 | | completed, an individual shall be eligible for a superintendent |
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| 1 | | endorsement on a Professional Educator License. | 2 | | (f) The State Board of Education, in consultation with the | 3 | | State Educator Preparation and Licensure Board, may adopt such | 4 | | rules as may be needed to establish and implement these | 5 | | alternative route to superintendent endorsement programs.
| 6 | | (Source: P.A. 100-596, eff. 7-1-18.) | 7 | | (105 ILCS 5/24-8.5 new) | 8 | | Sec. 24-8.5. Student teacher; salary. Each school district | 9 | | may provide a salary to a student teacher employed by the | 10 | | district. A school district may fix the amount of salary to pay | 11 | | a student teacher under this Section.
| 12 | | (105 ILCS 5/27A-10)
| 13 | | Sec. 27A-10. Employees.
| 14 | | (a) A person shall be deemed to be employed by a charter | 15 | | school unless a
collective bargaining agreement or the charter | 16 | | school
contract otherwise provides.
| 17 | | (b) In all school districts, including special charter | 18 | | districts and
districts located in
cities having a population | 19 | | exceeding 500,000, the local school board shall
determine by | 20 | | policy or by negotiated
agreement, if one exists, the | 21 | | employment status of any school district
employees who are | 22 | | employed by a charter school and who seek to return to
| 23 | | employment in the public
schools of the district. Each local | 24 | | school board shall grant, for a period of
up to 5 years, a |
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| 1 | | leave of absence to those of its teachers who accept
employment | 2 | | with a charter school. At the end of the authorized leave of
| 3 | | absence, the teacher must return to the school district or | 4 | | resign; provided,
however, that if the teacher chooses to | 5 | | return to the school district, the
teacher must be assigned to | 6 | | a position which requires the teacher's
certification and legal | 7 | | qualifications. The
contractual
continued service status and | 8 | | retirement benefits of a
teacher of the district who is granted | 9 | | a leave of absence to accept employment
with a charter school | 10 | | shall not be affected by that leave of absence.
| 11 | | (c) Charter schools shall employ in instructional | 12 | | positions, as defined in
the charter, individuals who are | 13 | | certificated under Article 21 of this
Code or who possess the | 14 | | following qualifications:
| 15 | | (i) graduated with a bachelor's degree from an | 16 | | accredited institution of
higher learning;
| 17 | | (ii) been employed for a period of at least 5 years in | 18 | | an area requiring
application of the individual's | 19 | | education;
| 20 | | (iii) (blank); and passed the tests of basic skills and | 21 | | subject matter knowledge
required by Section 21-1a of the | 22 | | School Code; and
| 23 | | (iv) demonstrate continuing evidence of professional | 24 | | growth which shall
include, but not be limited to, | 25 | | successful teaching experience, attendance at
professional | 26 | | meetings, membership in professional organizations, |
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| 1 | | additional
credits earned at institutions of higher | 2 | | learning, travel specifically for
educational purposes, | 3 | | and reading of professional books and periodicals.
| 4 | | (c-5) Charter schools employing individuals without | 5 | | certification in
instructional positions shall provide such | 6 | | mentoring, training, and staff
development for those | 7 | | individuals as the charter schools determine necessary
for | 8 | | satisfactory performance in the classroom.
| 9 | | At least 50% of the
individuals
employed in instructional | 10 | | positions by a charter school that is operating in a
city
| 11 | | having a population exceeding 500,000 and that is
established | 12 | | on or after April 16, 2003 shall hold teaching certificates | 13 | | issued under
Article 21 of this Code.
| 14 | | At
least 75% of the individuals employed in instructional | 15 | | positions by a
charter school that is operating in a city | 16 | | having a population exceeding
500,000 and that was
established | 17 | | before April 16, 2003 shall hold teaching certificates issued | 18 | | under
Article 21 of this Code.
| 19 | | (c-10) Notwithstanding any provision in subsection (c-5) | 20 | | to the contrary, in any charter school established before the | 21 | | effective date of this amendatory Act of the 96th General | 22 | | Assembly, at least 75% of the individuals employed in | 23 | | instructional positions by the charter school shall hold | 24 | | teaching certificates issued under Article 21 of this Code | 25 | | beginning with the 2012-2013 school year. In any charter school | 26 | | established after the effective date of this amendatory Act of |
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| 1 | | the 96th General Assembly, at least 75% of the individuals | 2 | | employed in instructional positions by a charter school shall | 3 | | hold teaching certificates issued under Article 21 of this Code | 4 | | by the beginning of the fourth school year during which a | 5 | | student is enrolled in the charter school. Charter schools may | 6 | | employ non-certificated staff in all other positions. | 7 | | (c-15) Charter schools are
exempt from any annual cap on | 8 | | new
participants in an alternative certification program. The | 9 | | second
and third phases of the alternative certification | 10 | | program may
be conducted and completed at the charter school, | 11 | | and the
alternative teaching certificate is valid for 4 years | 12 | | or the length
of the charter (or any extension of the charter), | 13 | | whichever is longer.
| 14 | | (d) A teacher at a charter school may resign his or her | 15 | | position only if
the teacher gives notice of resignation to the | 16 | | charter school's governing body
at least 60 days before the end | 17 | | of the school term, and the resignation must
take effect | 18 | | immediately upon the end of the school term.
| 19 | | (Source: P.A. 96-105, eff. 7-30-09.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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