Illinois General Assembly - Full Text of Public Act 102-0713
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Public Act 102-0713


 

Public Act 0713 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0713
 
SB3988 EnrolledLRB102 24650 NLB 33889 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-15 and 21B-20 as follows:
 
    (105 ILCS 5/21B-15)
    Sec. 21B-15. Qualifications of educators.
    (a) No one may be licensed to teach or supervise or be
otherwise employed in the public schools of this State who is
not of good character and at least 19 years of age, except as
otherwise provided in subparagraph (J) of subsection (2) of
Section 21B-20.
    In determining good character under this Section, the
State Superintendent of Education shall take into
consideration the disciplinary actions of other states or
national entities against certificates or licenses issued by
those states and held by individuals from those states. In
addition, any felony conviction of the applicant may be taken
into consideration; however, no one may be licensed to teach
or supervise in the public schools of this State who has been
convicted of (i) an offense set forth in subsection (b) of
Section 21B-80 of this Code until 7 years following the end of
the sentence for the criminal offense or (ii) an offense set
forth in subsection (c) of Section 21B-80 of this Code. Unless
the conviction is for an offense set forth in Section 21B-80 of
this Code, an applicant must be permitted to submit character
references or other written material before such a conviction
or other information regarding the applicant's character may
be used by the State Superintendent of Education as a basis for
denying the application.
    (b) No person otherwise qualified shall be denied the
right to be licensed or to receive training for the purpose of
becoming an educator because of a physical disability,
including, but not limited to, visual and hearing
disabilities; nor shall any school district refuse to employ a
teacher on such grounds, provided that the person is able to
carry out the duties of the position for which he or she
applies.
    (c) No person may be granted or continue to hold an
educator license who has knowingly altered or misrepresented
his or her qualifications, in this State or any other state, in
order to acquire or renew the license. Any other license
issued under this Article held by the person may be suspended
or revoked by the State Educator Preparation and Licensure
Board, depending upon the severity of the alteration or
misrepresentation.
    (d) No one may teach or supervise in the public schools nor
receive for teaching or supervising any part of any public
school fund who does not hold an educator license granted by
the State Superintendent of Education as provided in this
Article. However, the provisions of this Article do not apply
to a member of the armed forces who is employed as a teacher of
subjects in the Reserve Officers' Training Corps of any
school, nor to an individual teaching a dual credit course as
provided for in the Dual Credit Quality Act.
    (e) Notwithstanding any other provision of this Code, the
school board of a school district may grant to a teacher of the
district a leave of absence with full pay for a period of not
more than one year to permit the teacher to teach in a foreign
state under the provisions of the Exchange Teacher Program
established under Public Law 584, 79th Congress, and Public
Law 402, 80th Congress, as amended. The school board granting
the leave of absence may employ, with or without pay, a
national of the foreign state wherein the teacher on the leave
of absence is to teach if the national is qualified to teach in
that foreign state and if that national is to teach in a grade
level similar to the one that was taught in the foreign state.
The State Board of Education, in consultation with the State
Educator Preparation and Licensure Board, may adopt rules as
may be necessary to implement this subsection (e).
    (f) No person shall be denied a license issued under this
Article solely based on his or her citizenship status or
immigration status. The General Assembly finds and declares
that this subsection (f) is a State law within the meaning of
subsection (d) of Section 1621 of Title 8 of the United States
Code. Nothing in this subsection shall affect the requirements
to obtain a license that are not directly related to
citizenship status or immigration status. Nothing in this
subsection shall be construed to grant eligibility for
obtaining any public benefit other than a license issued under
this Article.
(Source: P.A. 99-667, eff. 7-29-16; 100-13, eff. 7-1-17;
100-1078, eff. 1-1-19.)
 
    (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.
            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.
            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 5
        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
        (i) either holds an associate's degree or a minimum of
        60 semester hours of credit from a regionally
        accredited institution of higher education; (ii) or
        has passed a paraprofessional competency test under
        subsection (c-5) of Section 21B-30; or (iii) is at
        least 18 years of age and will be using the Educator
        License with Stipulations exclusively for grades
        prekindergarten through grade 8, until the individual
        reaches the age of 19 years and otherwise meets the
        criteria for a paraprofessional educator endorsement
        pursuant to this subparagraph (J). 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) (Blank).
            (N) Specialized services. A specialized services
        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; 101-594, eff. 12-5-19; 101-643, eff. 6-18-20.)

Effective Date: 1/1/2023