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Public Act 101-0570


 

Public Act 0570 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0570
 
SB1901 EnrolledLRB101 09824 AXK 54926 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
10-20.21, 21B-40, and 21B-50 as follows:
 
    (105 ILCS 5/10-20.21)
    Sec. 10-20.21. Contracts.
    (a) To award all contracts for purchase of supplies and
materials or work involving an expenditure in excess of $25,000
or a lower amount as required by board policy to the lowest
responsible bidder, considering conformity with
specifications, terms of delivery, quality and serviceability,
after due advertisement, except the following: (i) contracts
for the services of individuals possessing a high degree of
professional skill where the ability or fitness of the
individual plays an important part; (ii) contracts for the
printing of finance committee reports and departmental
reports; (iii) contracts for the printing or engraving of
bonds, tax warrants and other evidences of indebtedness; (iv)
contracts for the purchase of perishable foods and perishable
beverages; (v) contracts for materials and work which have been
awarded to the lowest responsible bidder after due
advertisement, but due to unforeseen revisions, not the fault
of the contractor for materials and work, must be revised
causing expenditures not in excess of 10% of the contract
price; (vi) contracts for the maintenance or servicing of, or
provision of repair parts for, equipment which are made with
the manufacturer or authorized service agent of that equipment
where the provision of parts, maintenance, or servicing can
best be performed by the manufacturer or authorized service
agent; (vii) purchases and contracts for the use, purchase,
delivery, movement, or installation of data processing
equipment, software, or services and telecommunications and
interconnect equipment, software, and services; (viii)
contracts for duplicating machines and supplies; (ix)
contracts for the purchase of fuel, including diesel, gasoline,
oil, aviation, natural gas, or propane, lubricants, or other
petroleum products natural gas when the cost is less than that
offered by a public utility; (x) purchases of equipment
previously owned by some entity other than the district itself;
(xi) contracts for repair, maintenance, remodeling,
renovation, or construction, or a single project involving an
expenditure not to exceed $50,000 and not involving a change or
increase in the size, type, or extent of an existing facility;
(xii) contracts for goods or services procured from another
governmental agency; (xiii) contracts for goods or services
which are economically procurable from only one source, such as
for the purchase of magazines, books, periodicals, pamphlets
and reports, and for utility services such as water, light,
heat, telephone or telegraph; (xiv) where funds are expended in
an emergency and such emergency expenditure is approved by 3/4
of the members of the board; (xv) State master contracts
authorized under Article 28A of this Code; and (xvi) contracts
providing for the transportation of pupils, which contracts
must be advertised in the same manner as competitive bids and
awarded by first considering the bidder or bidders most able to
provide safety and comfort for the pupils, stability of
service, and any other factors set forth in the request for
proposal regarding quality of service, and then price. However,
at no time shall a cause of action lie against a school board
for awarding a pupil transportation contract per the standards
set forth in this subsection (a) unless the cause of action is
based on fraudulent conduct.
    All competitive bids for contracts involving an
expenditure in excess of $25,000 or a lower amount as required
by board policy must be sealed by the bidder and must be opened
by a member or employee of the school board at a public bid
opening at which the contents of the bids must be announced.
Each bidder must receive at least 3 days' notice of the time
and place of the bid opening. For purposes of this Section due
advertisement includes, but is not limited to, at least one
public notice at least 10 days before the bid date in a
newspaper published in the district, or if no newspaper is
published in the district, in a newspaper of general
circulation in the area of the district. State master contracts
and certified education purchasing contracts, as defined in
Article 28A of this Code, are not subject to the requirements
of this paragraph.
    Under this Section, the acceptance of bids sealed by a
bidder and the opening of these bids at a public bid opening
may be permitted by an electronic process for communicating,
accepting, and opening competitive bids. However, bids for
construction purposes are prohibited from being communicated,
accepted, or opened electronically. An electronic bidding
process must provide for, but is not limited to, the following
safeguards:
        (1) On the date and time certain of a bid opening, the
    primary person conducting the competitive, sealed,
    electronic bid process shall log onto a specified database
    using a unique username and password previously assigned to
    the bidder to allow access to the bidder's specific bid
    project number.
        (2) The specified electronic database must be on a
    network that (i) is in a secure environment behind a
    firewall; (ii) has specific encryption tools; (iii)
    maintains specific intrusion detection systems; (iv) has
    redundant systems architecture with data storage back-up,
    whether by compact disc or tape; and (v) maintains a
    disaster recovery plan.
It is the legislative intent of Public Act 96-841 to maintain
the integrity of the sealed bidding process provided for in
this Section, to further limit any possibility of bid-rigging,
to reduce administrative costs to school districts, and to
effect efficiencies in communications with bidders.
    (b) To require, as a condition of any contract for goods
and services, that persons bidding for and awarded a contract
and all affiliates of the person collect and remit Illinois Use
Tax on all sales of tangible personal property into the State
of Illinois in accordance with the provisions of the Illinois
Use Tax Act regardless of whether the person or affiliate is a
"retailer maintaining a place of business within this State" as
defined in Section 2 of the Use Tax Act. For purposes of this
Section, the term "affiliate" means any entity that (1)
directly, indirectly, or constructively controls another
entity, (2) is directly, indirectly, or constructively
controlled by another entity, or (3) is subject to the control
of a common entity. For purposes of this subsection (b), an
entity controls another entity if it owns, directly or
individually, more than 10% of the voting securities of that
entity. As used in this subsection (b), the term "voting
security" means a security that (1) confers upon the holder the
right to vote for the election of members of the board of
directors or similar governing body of the business or (2) is
convertible into, or entitles the holder to receive upon its
exercise, a security that confers such a right to vote. A
general partnership interest is a voting security.
    To require that bids and contracts include a certification
by the bidder or contractor that the bidder or contractor is
not barred from bidding for or entering into a contract under
this Section and that the bidder or contractor acknowledges
that the school board may declare the contract void if the
certification completed pursuant to this subsection (b) is
false.
    (b-5) To require all contracts and agreements that pertain
to goods and services and that are intended to generate
additional revenue and other remunerations for the school
district in excess of $1,000, including without limitation
vending machine contracts, sports and other attire, class
rings, and photographic services, to be approved by the school
board. The school board shall file as an attachment to its
annual budget a report, in a form as determined by the State
Board of Education, indicating for the prior year the name of
the vendor, the product or service provided, and the actual net
revenue and non-monetary remuneration from each of the
contracts or agreements. In addition, the report shall indicate
for what purpose the revenue was used and how and to whom the
non-monetary remuneration was distributed.
    (b-10) To prohibit any contract to purchase food with a
bidder or offeror if the bidder's or offeror's contract terms
prohibit the school from donating food to food banks,
including, but not limited to, homeless shelters, food
pantries, and soup kitchens.
    (c) If the State education purchasing entity creates a
master contract as defined in Article 28A of this Code, then
the State education purchasing entity shall notify school
districts of the existence of the master contract.
    (d) In purchasing supplies, materials, equipment, or
services that are not subject to subsection (c) of this
Section, before a school district solicits bids or awards a
contract, the district may review and consider as a bid under
subsection (a) of this Section certified education purchasing
contracts that are already available through the State
education purchasing entity.
(Source: P.A. 99-552, eff. 7-15-16.)
 
    (105 ILCS 5/21B-40)
    Sec. 21B-40. Fees.
    (a) Beginning with the start of the new licensure system
established pursuant to this Article, the following fees shall
be charged to applicants:
        (1) A $100 application fee for a Professional Educator
    License or an Educator License with Stipulations.
    Beginning on July 1, 2018, the license renewal fee for an
    Educator License with Stipulations with a paraprofessional
    educator endorsement shall be $25.
        (1.5) A $50 application fee for a Substitute Teaching
    License. If the application for a Substitute Teaching
    License is made and granted after July 1, 2017, the
    licensee may apply for a refund of the application fee
    within 18 months of issuance of the new license and shall
    be issued that refund by the State Board of Education if
    the licensee provides evidence to the State Board of
    Education that the licensee has taught pursuant to the
    Substitute Teaching License at least 10 full school days
    within one year of issuance.
        (1.7) A $25 application fee for a Short-Term Substitute
    Teaching License. The Short-Term Substitute Teaching
    License must be registered in at least one region in this
    State, but does not require a registration fee. The
    licensee may apply for a refund of the application fee
    within 18 months of issuance of the new license and shall
    be issued that refund by the State Board of Education if
    the licensee provides evidence to the State Board of
    Education that the licensee has taught pursuant to the
    Short-Term Substitute Teaching License at least 10 full
    school days within one year of issuance.
        (2) A $150 application fee for individuals who have not
    been entitled by an Illinois-approved educator preparation
    program at an Illinois institution of higher education and
    are seeking any of the licenses set forth in subdivision
    (1) of this subsection (a).
        (3) A $50 application fee for each endorsement or
    approval.
        (4) A $10 per year registration fee for the course of
    the validity cycle to register the license, which shall be
    paid to the regional office of education having supervision
    and control over the school in which the individual holding
    the license is to be employed. If the individual holding
    the license is not yet employed, then the license may be
    registered in any county in this State. The registration
    fee must be paid in its entirety the first time the
    individual registers the license for a particular validity
    period in a single region. No additional fee may be charged
    for that validity period should the individual
    subsequently register the license in additional regions.
    An individual must register the license (i) immediately
    after initial issuance of the license and (ii) at the
    beginning of each renewal cycle if the individual has
    satisfied the renewal requirements required under this
    Code.
        Beginning on July 1, 2017, at the beginning of each
    renewal cycle, individuals who hold a Substitute Teaching
    License may apply for a reimbursement of the registration
    fee within 18 months of renewal and shall be issued that
    reimbursement by the State Board of Education from funds
    appropriated for that purpose if the licensee provides
    evidence to the State Board of Education that the licensee
    has taught pursuant to the Substitute Teaching License at
    least 10 full school days within one year of renewal.
        (5) The license renewal fee for an Educator License
    with Stipulations with a paraprofessional educator
    endorsement is $25.
    (b) All application fees paid pursuant to subdivisions (1)
through (3) of subsection (a) of this Section shall be
deposited into the Teacher Certificate Fee Revolving Fund and
shall be used, subject to appropriation, by the State Board of
Education to provide the technology and human resources
necessary for the timely and efficient processing of
applications and for the renewal of licenses. Funds available
from the Teacher Certificate Fee Revolving Fund may also be
used by the State Board of Education to support the recruitment
and retention of educators, to support educator preparation
programs as they seek national accreditation, and to provide
professional development aligned with the requirements set
forth in Section 21B-45 of this Code. A majority of the funds
in the Teacher Certificate Fee Revolving Fund must be dedicated
to the timely and efficient processing of applications and for
the renewal of licenses. The Teacher Certificate Fee Revolving
Fund is not subject to administrative charge transfers,
authorized under Section 8h of the State Finance Act, from the
Teacher Certificate Fee Revolving Fund into any other fund of
this State, and moneys in the Teacher Certificate Fee Revolving
Fund shall not revert back to the General Revenue Fund at any
time.
    The regional superintendent of schools shall deposit the
registration fees paid pursuant to subdivision (4) of
subsection (a) of this Section into the institute fund
established pursuant to Section 3-11 of this Code.
    (c) The State Board of Education and each regional office
of education are authorized to charge a service or convenience
fee for the use of credit cards for the payment of license
fees. This service or convenience fee shall not exceed the
amount required by the credit card processing company or vendor
that has entered into a contract with the State Board or
regional office of education for this purpose, and the fee must
be paid to that company or vendor.
    (d) If, at the time a certificate issued under Article 21
of this Code is exchanged for a license issued under this
Article, a person has paid registration fees for any years of
the validity period of the certificate and these years have not
expired when the certificate is exchanged, then those fees must
be applied to the registration of the new license.
(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17;
100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff.
8-10-18; revised 10-1-18.)
 
    (105 ILCS 5/21B-50)
    Sec. 21B-50. Alternative educator licensure program.
    (a) There is established an alternative educator licensure
program, to be known as the Alternative Educator Licensure
Program for Teachers.
    (b) The Alternative Educator Licensure Program for
Teachers may be offered by a recognized institution approved to
offer educator preparation programs by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board.
    The program shall be comprised of 4 phases:
        (1) A course of study that at a minimum includes
    instructional planning; instructional strategies,
    including special education, reading, and English language
    learning; classroom management; and the assessment of
    students and use of data to drive instruction.
        (2) A year of residency, which is a candidate's
    assignment to a full-time teaching position or as a
    co-teacher for one full school year. An individual must
    hold an Educator License with Stipulations with an
    alternative provisional educator endorsement in order to
    enter the residency and must complete additional program
    requirements that address required State and national
    standards, pass the State Board's teacher performance
    assessment of professional teaching before entering the
    second residency year, as required under phase (3) of this
    subsection (b), and be recommended by the principal or
    qualified equivalent of a principal, as required under
    subsection (d) of this Section, and the program coordinator
    to continue with the second year of the residency.
        (3) A second year of residency, which shall include the
    candidate's assignment to a full-time teaching position
    for one school year. The candidate must be assigned an
    experienced teacher to act as a mentor and coach the
    candidate through the second year of residency.
        (4) A comprehensive assessment of the candidate's
    teaching effectiveness, as evaluated by the principal or
    qualified equivalent of a principal, as required under
    subsection (d) of this Section, and the program
    coordinator, at the end of the second year of residency. If
    there is disagreement between the 2 evaluators about the
    candidate's teaching effectiveness, the candidate may
    complete one additional year of residency teaching under a
    professional development plan developed by the principal
    or qualified equivalent and the preparation program. At the
    completion of the third year, a candidate must have
    positive evaluations and a recommendation for full
    licensure from both the principal or qualified equivalent
    and the program coordinator or no Professional Educator
    License shall be issued.
    Successful completion of the program shall be deemed to
satisfy any other practice or student teaching and content
matter requirements established by law.
    (c) An alternative provisional educator endorsement on an
Educator License with Stipulations is valid for 2 years of
teaching in the public schools, including without limitation a
preschool educational program under Section 2-3.71 of this Code
or charter school, or in a State-recognized nonpublic school in
which the chief administrator is required to have the licensure
necessary to be a principal in a public school in this State
and in which a majority of the teachers are required to have
the licensure necessary to be instructors in a public school in
this State, but may be renewed for a third year if needed to
complete the Alternative Educator Licensure Program for
Teachers. The endorsement shall be issued only once to an
individual who meets all of the following requirements:
        (1) Has graduated from a regionally accredited college
    or university with a bachelor's degree or higher.
        (2) Has a cumulative grade point average of 3.0 or
    greater on a 4.0 scale or its equivalent on another scale.
        (3) Has completed a major in the content area if
    seeking a middle or secondary level endorsement or, if
    seeking an early childhood, elementary, or special
    education endorsement, has completed a major in the content
    area of reading, English/language arts, mathematics, or
    one of the sciences. If the individual does not have a
    major in a content area for any level of teaching, he or
    she must submit transcripts to the State Board of Education
    to be reviewed for equivalency.
        (4) Has successfully completed phase (1) of subsection
    (b) of this Section.
        (5) Has passed a test of basic skills and content area
    test required for the specific endorsement for admission
    into the program, as required under Section 21B-30 of this
    Code.
    A candidate possessing the alternative provisional
educator endorsement may receive a salary, benefits, and any
other terms of employment offered to teachers in the school who
are members of an exclusive bargaining representative, if any,
but a school is not required to provide these benefits during
the years of residency if the candidate is serving only as a
co-teacher. If the candidate is serving as the teacher of
record, the candidate must receive a salary, benefits, and any
other terms of employment. Residency experiences must not be
counted towards tenure.
    (d) The recognized institution offering the Alternative
Educator Licensure Program for Teachers must partner with a
school district, including without limitation a preschool
educational program under Section 2-3.71 of this Code or
charter school, or a State-recognized, nonpublic school in this
State in which the chief administrator is required to have the
licensure necessary to be a principal in a public school in
this State and in which a majority of the teachers are required
to have the licensure necessary to be instructors in a public
school in this State. A recognized institution that partners
with a public school district administering a preschool
educational program under Section 2-3.71 of this Code must
require a principal to recommend or evaluate candidates in the
program. A recognized institution that partners with an
eligible entity administering a preschool educational program
under Section 2-3.71 of this Code and that is not a public
school district must require a principal or qualified
equivalent of a principal to recommend or evaluate candidates
in the program. The program presented for approval by the State
Board of Education must demonstrate the supports that are to be
provided to assist the provisional teacher during the 2-year
residency period. These supports must provide additional
contact hours with mentors during the first year of residency.
    (e) Upon completion of the 4 phases outlined in subsection
(b) of this Section and all assessments required under Section
21B-30 of this Code, an individual shall receive a Professional
Educator License.
    (f) The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to establish and implement the
Alternative Educator Licensure Program for Teachers.
(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
100-822, eff. 1-1-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019