Public Act 101-0594
 
SB0010 EnrolledLRB101 06120 AXK 51141 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
21B-20, 21B-30, and 27A-10 as follows:
 
    (105 ILCS 5/21B-20)
    Sec. 21B-20. Types of licenses. The State Board of
Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an educator
license with stipulations; (iii) a substitute teaching
license; or (iv) until June 30, 2023, a short-term substitute
teaching license. References in law regarding individuals
certified or certificated or required to be certified or
certificated under Article 21 of this Code shall also include
individuals licensed or required to be licensed under this
Article. The first year of all licenses ends on June 30
following one full year of the license being issued.
    The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
        (1) Professional Educator License. Persons who (i)
    have successfully completed an approved educator
    preparation program and are recommended for licensure by
    the Illinois institution offering the educator preparation
    program, (ii) have successfully completed the required
    testing under Section 21B-30 of this Code, (iii) have
    successfully completed coursework on the psychology of,
    the identification of, and the methods of instruction for
    the exceptional child, including without limitation
    children with learning disabilities, (iv) have
    successfully completed coursework in methods of reading
    and reading in the content area, and (v) have met all other
    criteria established by rule of the State Board of
    Education shall be issued a Professional Educator License.
    All Professional Educator Licenses are valid until June 30
    immediately following 5 years of the license being issued.
    The Professional Educator License shall be endorsed with
    specific areas and grade levels in which the individual is
    eligible to practice. For an early childhood education
    endorsement, an individual may satisfy the student
    teaching requirement of his or her early childhood teacher
    preparation program through placement in a setting with
    children from birth through grade 2, and the individual may
    be paid and receive credit while student teaching. The
    student teaching experience must meet the requirements of
    and be approved by the individual's early childhood teacher
    preparation program.
        Individuals can receive subsequent endorsements on the
    Professional Educator License. Subsequent endorsements
    shall require a minimum of 24 semester hours of coursework
    in the endorsement area and passage of the applicable
    content area test, unless otherwise specified by rule.
        (2) Educator License with Stipulations. An Educator
    License with Stipulations shall be issued an endorsement
    that limits the license holder to one particular position
    or does not require completion of an approved educator
    program or both.
        An individual with an Educator License with
    Stipulations must not be employed by a school district or
    any other entity to replace any presently employed teacher
    who otherwise would not be replaced for any reason.
        An Educator License with Stipulations may be issued
    with the following endorsements:
            (A) (Blank).
            (B) Alternative provisional educator. An
        alternative provisional educator endorsement on an
        Educator License with Stipulations may be issued to an
        applicant who, at the time of applying for the
        endorsement, has done all of the following:
                (i) Graduated from a regionally accredited
            college or university with a minimum of a
            bachelor's degree.
                (ii) Successfully completed the first phase of
            the Alternative Educator Licensure Program for
            Teachers, as described in Section 21B-50 of this
            Code.
                (iii) Passed a content area test, as required
            under Section 21B-30 of this Code.
        The alternative provisional educator endorsement is
    valid for 2 years of teaching and may be renewed for a
    third year by an individual meeting the requirements set
    forth in Section 21B-50 of this Code.
            (C) Alternative provisional superintendent. An
        alternative provisional superintendent endorsement on
        an Educator License with Stipulations entitles the
        holder to serve only as a superintendent or assistant
        superintendent in a school district's central office.
        This endorsement may only be issued to an applicant
        who, at the time of applying for the endorsement, has
        done all of the following:
                (i) Graduated from a regionally accredited
            college or university with a minimum of a master's
            degree in a management field other than education.
                (ii) Been employed for a period of at least 5
            years in a management level position in a field
            other than education.
                (iii) Successfully completed the first phase
            of an alternative route to superintendent
            endorsement program, as provided in Section 21B-55
            of this Code.
                (iv) Passed a content area test required under
            Section 21B-30 of this Code.
            The endorsement is valid for 2 fiscal years in
        order to complete one full year of serving as a
        superintendent or assistant superintendent.
            (D) (Blank).
            (E) Career and technical educator. A career and
        technical educator endorsement on an Educator License
        with Stipulations may be issued to an applicant who has
        a minimum of 60 semester hours of coursework from a
        regionally accredited institution of higher education
        or an accredited trade and technical institution and
        has a minimum of 2,000 hours of experience outside of
        education in each area to be taught.
            The career and technical educator endorsement on
        an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed. For
        individuals who were issued the career and technical
        educator endorsement on an Educator License with
        Stipulations on or after January 1, 2015, the license
        may be renewed if the individual passes a test of work
        proficiency, as required under Section 21B-30 of this
        Code.
            An individual who holds a valid career and
        technical educator endorsement on an Educator License
        with Stipulations but does not hold a bachelor's degree
        may substitute teach in career and technical education
        classrooms.
            (F) Part-time provisional career and technical
        educator or provisional career and technical educator.
        A part-time provisional career and technical educator
        endorsement or a provisional career and technical
        educator endorsement on an Educator License with
        Stipulations may be issued to an applicant who has a
        minimum of 8,000 hours of work experience in the skill
        for which the applicant is seeking the endorsement. It
        is the responsibility of each employing school board
        and regional office of education to provide
        verification, in writing, to the State Superintendent
        of Education at the time the application is submitted
        that no qualified teacher holding a Professional
        Educator License or an Educator License with
        Stipulations with a career and technical educator
        endorsement is available and that actual circumstances
        require such issuance.
            The provisional career and technical educator
        endorsement on an Educator License with Stipulations
        is valid until June 30 immediately following 5 years of
        the endorsement being issued and may be renewed for 5
        years. For individuals who were issued the provisional
        career and technical educator endorsement on an
        Educator License with Stipulations on or after January
        1, 2015, the license may be renewed if the individual
        passes a test of work proficiency, as required under
        Section 21B-30 of this Code.
            A part-time provisional career and technical
        educator endorsement on an Educator License with
        Stipulations may be issued for teaching no more than 2
        courses of study for grades 6 through 12. The part-time
        provisional career and technical educator endorsement
        on an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed for 5 years
        if the individual makes application for renewal.
            An individual who holds a provisional or part-time
        provisional career and technical educator endorsement
        on an Educator License with Stipulations but does not
        hold a bachelor's degree may substitute teach in career
        and technical education classrooms.
            (G) Transitional bilingual educator. A
        transitional bilingual educator endorsement on an
        Educator License with Stipulations may be issued for
        the purpose of providing instruction in accordance
        with Article 14C of this Code to an applicant who
        provides satisfactory evidence that he or she meets all
        of the following requirements:
                (i) Possesses adequate speaking, reading, and
            writing ability in the language other than English
            in which transitional bilingual education is
            offered.
                (ii) Has the ability to successfully
            communicate in English.
                (iii) Either possessed, within 5 years
            previous to his or her applying for a transitional
            bilingual educator endorsement, a valid and
            comparable teaching certificate or comparable
            authorization issued by a foreign country or holds
            a degree from an institution of higher learning in
            a foreign country that the State Educator
            Preparation and Licensure Board determines to be
            the equivalent of a bachelor's degree from a
            regionally accredited institution of higher
            learning in the United States.
            A transitional bilingual educator endorsement
        shall be valid for prekindergarten through grade 12, is
        valid until June 30 immediately following 5 years of
        the endorsement being issued, and shall not be renewed.
            Persons holding a transitional bilingual educator
        endorsement shall not be employed to replace any
        presently employed teacher who otherwise would not be
        replaced for any reason.
            (H) Language endorsement. In an effort to
        alleviate the shortage of teachers speaking a language
        other than English in the public schools, an individual
        who holds an Educator License with Stipulations may
        also apply for a language endorsement, provided that
        the applicant provides satisfactory evidence that he
        or she meets all of the following requirements:
                (i) Holds a transitional bilingual
            endorsement.
                (ii) Has demonstrated proficiency in the
            language for which the endorsement is to be issued
            by passing the applicable language content test
            required by the State Board of Education.
                (iii) Holds a bachelor's degree or higher from
            a regionally accredited institution of higher
            education or, for individuals educated in a
            country other than the United States, holds a
            degree from an institution of higher learning in a
            foreign country that the State Educator
            Preparation and Licensure Board determines to be
            the equivalent of a bachelor's degree from a
            regionally accredited institution of higher
            learning in the United States.
                (iv) (Blank).
            A language endorsement on an Educator License with
        Stipulations is valid for prekindergarten through
        grade 12 for the same validity period as the
        individual's transitional bilingual educator
        endorsement on the Educator License with Stipulations
        and shall not be renewed.
            (I) Visiting international educator. A visiting
        international educator endorsement on an Educator
        License with Stipulations may be issued to an
        individual who is being recruited by a particular
        school district that conducts formal recruitment
        programs outside of the United States to secure the
        services of qualified teachers and who meets all of the
        following requirements:
                (i) Holds the equivalent of a minimum of a
            bachelor's degree issued in the United States.
                (ii) Has been prepared as a teacher at the
            grade level for which he or she will be employed.
                (iii) Has adequate content knowledge in the
            subject to be taught.
                (iv) Has an adequate command of the English
            language.
            A holder of a visiting international educator
        endorsement on an Educator License with Stipulations
        shall be permitted to teach in bilingual education
        programs in the language that was the medium of
        instruction in his or her teacher preparation program,
        provided that he or she passes the English Language
        Proficiency Examination or another test of writing
        skills in English identified by the State Board of
        Education, in consultation with the State Educator
        Preparation and Licensure Board.
            A visiting international educator endorsement on
        an Educator License with Stipulations is valid for 3
        years and shall not be renewed.
            (J) Paraprofessional educator. A paraprofessional
        educator endorsement on an Educator License with
        Stipulations may be issued to an applicant who holds a
        high school diploma or its recognized equivalent and
        either holds an associate's degree or a minimum of 60
        semester hours of credit from a regionally accredited
        institution of higher education or has passed a
        paraprofessional competency test under subsection
        (c-5) of Section 21B-30. The paraprofessional educator
        endorsement is valid until June 30 immediately
        following 5 years of the endorsement being issued and
        may be renewed through application and payment of the
        appropriate fee, as required under Section 21B-40 of
        this Code. An individual who holds only a
        paraprofessional educator endorsement is not subject
        to additional requirements in order to renew the
        endorsement.
            (K) Chief school business official. A chief school
        business official endorsement on an Educator License
        with Stipulations may be issued to an applicant who
        qualifies by having a master's degree or higher, 2
        years of full-time administrative experience in school
        business management or 2 years of university-approved
        practical experience, and a minimum of 24 semester
        hours of graduate credit in a program approved by the
        State Board of Education for the preparation of school
        business administrators and by passage of the
        applicable State tests, including an applicable
        content area test.
            The chief school business official endorsement may
        also be affixed to the Educator License with
        Stipulations of any holder who qualifies by having a
        master's degree in business administration, finance,
        accounting, or public administration and who completes
        an additional 6 semester hours of internship in school
        business management from a regionally accredited
        institution of higher education and passes the
        applicable State tests, including an applicable
        content area test. This endorsement shall be required
        for any individual employed as a chief school business
        official.
            The chief school business official endorsement on
        an Educator License with Stipulations is valid until
        June 30 immediately following 5 years of the
        endorsement being issued and may be renewed if the
        license holder completes renewal requirements as
        required for individuals who hold a Professional
        Educator License endorsed for chief school business
        official under Section 21B-45 of this Code and such
        rules as may be adopted by the State Board of
        Education.
            The State Board of Education shall adopt any rules
        necessary to implement Public Act 100-288.
            (L) Provisional in-state educator. A provisional
        in-state educator endorsement on an Educator License
        with Stipulations may be issued to a candidate who has
        completed an Illinois-approved educator preparation
        program at an Illinois institution of higher education
        and who has not successfully completed an
        evidence-based assessment of teacher effectiveness but
        who meets all of the following requirements:
                (i) Holds at least a bachelor's degree.
                (ii) Has completed an approved educator
            preparation program at an Illinois institution.
                (iii) Has passed an applicable content area
            test, as required by Section 21B-30 of this Code.
                (iv) Has attempted an evidence-based
            assessment of teacher effectiveness and received a
            minimum score on that assessment, as established
            by the State Board of Education in consultation
            with the State Educator Preparation and Licensure
            Board.
            A provisional in-state educator endorsement on an
        Educator License with Stipulations is valid for one
        full fiscal year after the date of issuance and may not
        be renewed.
            (M) School support personnel intern. A school
        support personnel intern endorsement on an Educator
        License with Stipulations may be issued as specified by
        rule.
            (N) Special education area. A special education
        area endorsement on an Educator License with
        Stipulations may be issued as defined and specified by
        rule.
        (3) Substitute Teaching License. A Substitute Teaching
    License may be issued to qualified applicants for
    substitute teaching in all grades of the public schools,
    prekindergarten through grade 12. Substitute Teaching
    Licenses are not eligible for endorsements. Applicants for
    a Substitute Teaching License must hold a bachelor's degree
    or higher from a regionally accredited institution of
    higher education.
        Substitute Teaching Licenses are valid for 5 years.
        Substitute Teaching Licenses are valid for substitute
    teaching in every county of this State. If an individual
    has had his or her Professional Educator License or
    Educator License with Stipulations suspended or revoked,
    then that individual is not eligible to obtain a Substitute
    Teaching License.
        A substitute teacher may only teach in the place of a
    licensed teacher who is under contract with the employing
    board. If, however, there is no licensed teacher under
    contract because of an emergency situation, then a district
    may employ a substitute teacher for no longer than 30
    calendar days per each vacant position in the district if
    the district notifies the appropriate regional office of
    education within 5 business days after the employment of
    the substitute teacher in the emergency situation. An
    emergency situation is one in which an unforeseen vacancy
    has occurred and (i) a teacher is unable to fulfill his or
    her contractual duties or (ii) teacher capacity needs of
    the district exceed previous indications, and the district
    is actively engaged in advertising to hire a fully licensed
    teacher for the vacant position.
        There is no limit on the number of days that a
    substitute teacher may teach in a single school district,
    provided that no substitute teacher may teach for longer
    than 90 school days for any one licensed teacher under
    contract in the same school year. A substitute teacher who
    holds a Professional Educator License or Educator License
    with Stipulations shall not teach for more than 120 school
    days for any one licensed teacher under contract in the
    same school year. The limitations in this paragraph (3) on
    the number of days a substitute teacher may be employed do
    not apply to any school district operating under Article 34
    of this Code.
        A school district may not require an individual who
    holds a valid Professional Educator License or Educator
    License with Stipulations to seek or hold a Substitute
    Teaching License to teach as a substitute teacher.
        (4) Short-Term Substitute Teaching License. Beginning
    on July 1, 2018 and until June 30, 2023, the State Board of
    Education may issue a Short-Term Substitute Teaching
    License. A Short-Term Substitute Teaching License may be
    issued to a qualified applicant for substitute teaching in
    all grades of the public schools, prekindergarten through
    grade 12. Short-Term Substitute Teaching Licenses are not
    eligible for endorsements. Applicants for a Short-Term
    Substitute Teaching License must hold an associate's
    degree or have completed at least 60 credit hours from a
    regionally accredited institution of higher education.
        Short-Term Substitute Teaching Licenses are valid for
    substitute teaching in every county of this State. If an
    individual has had his or her Professional Educator License
    or Educator License with Stipulations suspended or
    revoked, then that individual is not eligible to obtain a
    Short-Term Substitute Teaching License.
        The provisions of Sections 10-21.9 and 34-18.5 of this
    Code apply to short-term substitute teachers.
        An individual holding a Short-Term Substitute Teaching
    License may teach no more than 5 consecutive days per
    licensed teacher who is under contract. For teacher
    absences lasting 6 or more days per licensed teacher who is
    under contract, a school district may not hire an
    individual holding a Short-Term Substitute Teaching
    License. An individual holding a Short-Term Substitute
    Teaching License must complete the training program under
    Section 10-20.67 or 34-18.60 of this Code to be eligible to
    teach at a public school. This paragraph (4) is inoperative
    on and after July 1, 2023.
(Source: P.A. 100-8, eff. 7-1-17; 100-13, eff. 7-1-17; 100-288,
eff. 8-24-17; 100-596, eff. 7-1-18; 100-821, eff. 9-3-18;
100-863, eff. 8-14-18; 101-81, eff. 7-12-19; 101-220, eff.
8-7-19.)
 
    (105 ILCS 5/21B-30)
    Sec. 21B-30. Educator testing.
    (a) (Blank). This Section applies beginning on July 1,
2012.
    (b) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, shall design
and implement a system of examinations, which shall be required
prior to the issuance of educator licenses. These examinations
and indicators must be based on national and State professional
teaching standards, as determined by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. The State Board of Education may adopt
such rules as may be necessary to implement and administer this
Section.
    (c) (Blank).
    (c-5) The State Board must adopt rules to implement a
paraprofessional competency test. This test would allow an
applicant seeking an Educator License with Stipulations with a
paraprofessional educator endorsement to obtain the
endorsement if he or she passes the test and meets the other
requirements of subparagraph (J) of paragraph (2) of Section
21B-20 other than the higher education requirements.
    (d) All applicants seeking a State license shall be
required to pass a test of content area knowledge for each area
of endorsement for which there is an applicable test. There
shall be no exception to this requirement. No candidate shall
be allowed to student teach or serve as the teacher of record
until he or she has passed the applicable content area test.
    (e) (Blank).
    (f) Except as otherwise provided in this Article, beginning
on September 1, 2015, all candidates completing teacher
preparation programs in this State and all candidates subject
to Section 21B-35 of this Code are required to pass a teacher
performance assessment approved by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board. Subject to appropriation, an individual
who holds a Professional Educator License and is employed for a
minimum of one school year by a school district designated as
Tier 1 under Section 18-8.15 may, after application to the
State Board, receive from the State Board a refund for any
costs associated with completing the teacher performance
assessment under this subsection.
    (g) The content area knowledge test and the teacher
performance assessment shall be the tests that from time to
time are designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board, and may be tests prepared by an educational testing
organization or tests designed by the State Board of Education,
in consultation with the State Educator Preparation and
Licensure Board. The test of content area knowledge shall
assess content knowledge in a specific subject field. The tests
must be designed to be racially neutral to ensure that no
person taking the tests is discriminated against on the basis
of race, color, national origin, or other factors unrelated to
the person's ability to perform as a licensed employee. The
score required to pass the tests shall be fixed by the State
Board of Education, in consultation with the State Educator
Preparation and Licensure Board. The tests shall be
administered not fewer than 3 times a year at such time and
place as may be designated by the State Board of Education, in
consultation with the State Educator Preparation and Licensure
Board.
    The State Board shall implement a test or tests to assess
the speaking, reading, writing, and grammar skills of
applicants for an endorsement or a license issued under
subdivision (G) of paragraph (2) of Section 21B-20 of this Code
in the English language and in the language of the transitional
bilingual education program requested by the applicant.
    (h) Except as provided in Section 34-6 of this Code, the
provisions of this Section shall apply equally in any school
district subject to Article 34 of this Code.
    (i) The rules developed to implement and enforce the
testing requirements under this Section shall include without
limitation provisions governing test selection, test
validation and determination of a passing score,
administration of the tests, frequency of administration,
applicant fees, frequency of applicants taking the tests, the
years for which a score is valid, and appropriate special
accommodations. The State Board of Education shall develop such
rules as may be needed to ensure uniformity from year to year
in the level of difficulty for each form of an assessment.
(Source: P.A. 100-596, eff. 7-1-18; 100-863, eff. 8-14-18;
100-932, eff. 8-17-18; 101-81, eff. 7-12-19; 101-220, eff.
8-7-19.)
 
    (105 ILCS 5/27A-10)
    Sec. 27A-10. Employees.
    (a) A person shall be deemed to be employed by a charter
school unless a collective bargaining agreement or the charter
school contract otherwise provides.
    (b) In all school districts, including special charter
districts and districts located in cities having a population
exceeding 500,000, the local school board shall determine by
policy or by negotiated agreement, if one exists, the
employment status of any school district employees who are
employed by a charter school and who seek to return to
employment in the public schools of the district. Each local
school board shall grant, for a period of up to 5 years, a
leave of absence to those of its teachers who accept employment
with a charter school. At the end of the authorized leave of
absence, the teacher must return to the school district or
resign; provided, however, that if the teacher chooses to
return to the school district, the teacher must be assigned to
a position that which requires the teacher's licensure
certification and legal qualifications. The contractual
continued service status and retirement benefits of a teacher
of the district who is granted a leave of absence to accept
employment with a charter school shall not be affected by that
leave of absence.
    (c) Charter schools shall employ in instructional
positions, as defined in the charter, individuals who are
licensed certificated under Article 21B 21 of this Code or who
possess the following qualifications:
        (i) graduated with a bachelor's degree from an
    accredited institution of higher learning;
        (ii) been employed for a period of at least 5 years in
    an area requiring application of the individual's
    education;
        (iii) passed a content area knowledge test required
    under Section 21B-30 of this Code (blank); and
        (iv) demonstrate continuing evidence of professional
    growth, which shall include, but not be limited to,
    successful teaching experience, attendance at professional
    meetings, membership in professional organizations,
    additional credits earned at institutions of higher
    learning, travel specifically for educational purposes,
    and reading of professional books and periodicals.
    (c-5) Charter schools employing individuals without
licensure certification in instructional positions shall
provide such mentoring, training, and staff development for
those individuals as the charter schools determine necessary
for satisfactory performance in the classroom.
    At least 50% of the individuals employed in instructional
positions by a charter school that is operating in a city
having a population exceeding 500,000 and that is established
on or after April 16, 2003 shall hold teaching licenses
certificates issued under Article 21B 21 of this Code.
    At least 75% of the individuals employed in instructional
positions by a charter school that is operating in a city
having a population exceeding 500,000 and that was established
before April 16, 2003 shall hold teaching licenses certificates
issued under Article 21B 21 of this Code.
    (c-10) Notwithstanding any provision in subsection (c-5)
to the contrary, in any charter school established before, on,
or after July 30, 2009 (the effective date of Public Act
96-105) this amendatory Act of the 96th General Assembly, at
least 75% of the individuals employed in instructional
positions by the charter school shall hold teaching licenses
certificates issued under Article 21B 21 of this Code beginning
with the 2012-2013 school year. In any charter school
established after the effective date of this amendatory Act of
the 96th General Assembly, at least 75% of the individuals
employed in instructional positions by a charter school shall
hold teaching certificates issued under Article 21 of this Code
by the beginning of the fourth school year during which a
student is enrolled in the charter school. Charter schools may
employ non-licensed non-certificated staff in all other
positions.
    (c-15) Charter schools are exempt from any annual cap on
new participants in an alternative educator licensure
certification program. The second and third phases of the
alternative certification program may be conducted and
completed at the charter school, and the alternative
provisional educator endorsement teaching certificate is valid
for 4 years or the length of the charter (or any extension of
the charter), whichever is longer.
    (d) A teacher at a charter school may resign his or her
position only if the teacher gives notice of resignation to the
charter school's governing body at least 60 days before the end
of the school term, and the resignation must take effect
immediately upon the end of the school term.
(Source: P.A. 101-220, eff. 8-7-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.