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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
5 2-3.25o, 2-3.71, 10-20.12a, 10-20.67, 21B-20, and 21B-50 as
6 follows:
7 (105 ILCS 5/2-3.25o)
8 Sec. 2-3.25o. Registration and recognition of non-public
9 elementary and secondary schools.
10 (a) Findings. The General Assembly finds and declares (i)
11 that the Constitution of the State of Illinois provides that a
12 "fundamental goal of the People of the State is the
13 educational development of all persons to the limits of their
14 capacities" and (ii) that the educational development of every
15 school student serves the public purposes of the State. In
16 order to ensure that all Illinois students and teachers have
17 the opportunity to enroll and work in State-approved
18 educational institutions and programs, the State Board of
19 Education shall provide for the voluntary registration and
20 recognition of non-public elementary and secondary schools.
21 (b) Registration. All non-public elementary and secondary
22 schools in the State of Illinois may voluntarily register with
23 the State Board of Education on an annual basis. Registration
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1 shall be completed in conformance with procedures prescribed
2 by the State Board of Education. Information required for
3 registration shall include assurances of compliance (i) with
4 federal and State laws regarding health examination and
5 immunization, attendance, length of term, and
6 nondiscrimination, including assurances that the school will
7 not prohibit hairstyles historically associated with race,
8 ethnicity, or hair texture, including, but not limited to,
9 protective hairstyles such as braids, locks, and twists, and
10 (ii) with applicable fire and health safety requirements.
11 (c) Recognition. All non-public elementary and secondary
12 schools in the State of Illinois may voluntarily seek the
13 status of "Non-public School Recognition" from the State Board
14 of Education. This status may be obtained by compliance with
15 administrative guidelines and review procedures as prescribed
16 by the State Board of Education. The guidelines and procedures
17 must recognize that some of the aims and the financial bases of
18 non-public schools are different from public schools and will
19 not be identical to those for public schools, nor will they be
20 more burdensome. The guidelines and procedures must also
21 recognize the diversity of non-public schools and shall not
22 impinge upon the noneducational relationships between those
23 schools and their clientele.
24 (c-5) Prohibition against recognition. A non-public
25 elementary or secondary school may not obtain "Non-public
26 School Recognition" status unless the school requires all
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1 certified and non-certified applicants for employment with the
2 school, after July 1, 2007, to authorize a fingerprint-based
3 criminal history records check as a condition of employment to
4 determine if such applicants have been convicted of any of the
5 enumerated criminal or drug offenses set forth in Section
6 21B-80 of this Code or have been convicted, within 7 years of
7 the application for employment, of any other felony under the
8 laws of this State or of any offense committed or attempted in
9 any other state or against the laws of the United States that,
10 if committed or attempted in this State, would have been
11 punishable as a felony under the laws of this State.
12 Authorization for the check shall be furnished by the
13 applicant to the school, except that if the applicant is a
14 substitute teacher seeking employment in more than one
15 non-public school, a teacher seeking concurrent part-time
16 employment positions with more than one non-public school (as
17 a reading specialist, special education teacher, or
18 otherwise), or an educational support personnel employee
19 seeking employment positions with more than one non-public
20 school, then only one of the non-public schools employing the
21 individual shall request the authorization. Upon receipt of
22 this authorization, the non-public school shall submit the
23 applicant's name, sex, race, date of birth, social security
24 number, fingerprint images, and other identifiers, as
25 prescribed by the Illinois State Police, to the Illinois State
26 Police.
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1 The Illinois State Police and Federal Bureau of
2 Investigation shall furnish, pursuant to a fingerprint-based
3 criminal history records check, records of convictions,
4 forever and hereafter, until expunged, to the president or
5 principal of the non-public school that requested the check.
6 The Illinois State Police shall charge that school a fee for
7 conducting such check, which fee must be deposited into the
8 State Police Services Fund and must not exceed the cost of the
9 inquiry. Subject to appropriations for these purposes, the
10 State Superintendent of Education shall reimburse non-public
11 schools for fees paid to obtain criminal history records
12 checks under this Section.
13 A non-public school may not obtain recognition status
14 unless the school also performs a check of the Statewide Sex
15 Offender Database, as authorized by the Sex Offender Community
16 Notification Law, and the Statewide Murderer and Violent
17 Offender Against Youth Database, as authorized by the Murderer
18 and Violent Offender Against Youth Registration Act, for each
19 applicant for employment, after July 1, 2007, to determine
20 whether the applicant has been adjudicated of a sex offense or
21 of a murder or other violent crime against youth. The checks of
22 the Statewide Sex Offender Database and the Stateside Murderer
23 and Violent Offender Against Youth Database must be conducted
24 by the non-public school once for every 5 years that an
25 applicant remains employed by the non-public school. a sex
26 offender.
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1 Any information concerning the record of convictions
2 obtained by a non-public school's president or principal under
3 this Section is confidential and may be disseminated only to
4 the governing body of the non-public school or any other
5 person necessary to the decision of hiring the applicant for
6 employment. A copy of the record of convictions obtained from
7 the Illinois State Police shall be provided to the applicant
8 for employment. Upon a check of the Statewide Sex Offender
9 Database, the non-public school shall notify the applicant as
10 to whether or not the applicant has been identified in the Sex
11 Offender Database as a sex offender. Any information
12 concerning the records of conviction obtained by the
13 non-public school's president or principal under this Section
14 for a substitute teacher seeking employment in more than one
15 non-public school, a teacher seeking concurrent part-time
16 employment positions with more than one non-public school (as
17 a reading specialist, special education teacher, or
18 otherwise), or an educational support personnel employee
19 seeking employment positions with more than one non-public
20 school may be shared with another non-public school's
21 principal or president to which the applicant seeks
22 employment. Any unauthorized release of confidential
23 information may be a violation of Section 7 of the Criminal
24 Identification Act.
25 No non-public school may obtain recognition status that
26 knowingly employs a person, hired after July 1, 2007, for whom
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1 an Illinois State Police and Federal Bureau of Investigation
2 fingerprint-based criminal history records check and a
3 Statewide Sex Offender Database check has not been initiated
4 or who has been convicted of any offense enumerated in Section
5 21B-80 of this Code or any offense committed or attempted in
6 any other state or against the laws of the United States that,
7 if committed or attempted in this State, would have been
8 punishable as one or more of those offenses. No non-public
9 school may obtain recognition status under this Section that
10 knowingly employs a person who has been found to be the
11 perpetrator of sexual or physical abuse of a minor under 18
12 years of age pursuant to proceedings under Article II of the
13 Juvenile Court Act of 1987.
14 In order to obtain recognition status under this Section,
15 a non-public school must require compliance with the
16 provisions of this subsection (c-5) from all employees of
17 persons or firms holding contracts with the school, including,
18 but not limited to, food service workers, school bus drivers,
19 and other transportation employees, who have direct, daily
20 contact with pupils. Any information concerning the records of
21 conviction or identification as a sex offender of any such
22 employee obtained by the non-public school principal or
23 president must be promptly reported to the school's governing
24 body.
25 Prior to the commencement of any student teaching
26 experience or required internship (which is referred to as
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1 student teaching in this Section) in any non-public elementary
2 or secondary school that has obtained or seeks to obtain
3 recognition status under this Section, a student teacher is
4 required to authorize a fingerprint-based criminal history
5 records check. Authorization for and payment of the costs of
6 the check must be furnished by the student teacher to the chief
7 administrative officer of the non-public school where the
8 student teaching is to be completed. Upon receipt of this
9 authorization and payment, the chief administrative officer of
10 the non-public school shall submit the student teacher's name,
11 sex, race, date of birth, social security number, fingerprint
12 images, and other identifiers, as prescribed by the Illinois
13 State Police, to the Illinois State Police. The Illinois State
14 Police and the Federal Bureau of Investigation shall furnish,
15 pursuant to a fingerprint-based criminal history records
16 check, records of convictions, forever and hereinafter, until
17 expunged, to the chief administrative officer of the
18 non-public school that requested the check. The Illinois State
19 Police shall charge the school a fee for conducting the check,
20 which fee must be passed on to the student teacher, must not
21 exceed the cost of the inquiry, and must be deposited into the
22 State Police Services Fund. The school shall further perform a
23 check of the Statewide Sex Offender Database, as authorized by
24 the Sex Offender Community Notification Law, and of the
25 Statewide Murderer and Violent Offender Against Youth
26 Database, as authorized by the Murderer and Violent Offender
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1 Against Youth Registration Act, for each student teacher. No
2 school that has obtained or seeks to obtain recognition status
3 under this Section may knowingly allow a person to student
4 teach for whom a criminal history records check, a Statewide
5 Sex Offender Database check, and a Statewide Murderer and
6 Violent Offender Against Youth Database check have not been
7 completed and reviewed by the chief administrative officer of
8 the non-public school.
9 A copy of the record of convictions obtained from the
10 Illinois State Police must be provided to the student teacher.
11 Any information concerning the record of convictions obtained
12 by the chief administrative officer of the non-public school
13 is confidential and may be transmitted only to the chief
14 administrative officer of the non-public school or his or her
15 designee, the State Superintendent of Education, the State
16 Educator Preparation and Licensure Board, or, for
17 clarification purposes, the Illinois State Police or the
18 Statewide Sex Offender Database or Statewide Murderer and
19 Violent Offender Against Youth Database. Any unauthorized
20 release of confidential information may be a violation of
21 Section 7 of the Criminal Identification Act.
22 No school that has obtained or seeks to obtain recognition
23 status under this Section may knowingly allow a person to
24 student teach who has been convicted of any offense that would
25 subject him or her to license suspension or revocation
26 pursuant to Section 21B-80 of this Code or who has been found
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1 to be the perpetrator of sexual or physical abuse of a minor
2 under 18 years of age pursuant to proceedings under Article II
3 of the Juvenile Court Act of 1987.
4 Any school that has obtained or seeks to obtain
5 recognition status under this Section may not prohibit
6 hairstyles historically associated with race, ethnicity, or
7 hair texture, including, but not limited to, protective
8 hairstyles such as braids, locks, and twists.
9 (d) Public purposes. The provisions of this Section are in
10 the public interest, for the public benefit, and serve secular
11 public purposes.
12 (e) Definition. For purposes of this Section, a non-public
13 school means any non-profit, non-home-based, and non-public
14 elementary or secondary school that is in compliance with
15 Title VI of the Civil Rights Act of 1964 and attendance at
16 which satisfies the requirements of Section 26-1 of this Code.
17 (Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
18 102-813, eff. 5-13-22.)
19 (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
20 Sec. 2-3.71. Grants for preschool educational programs.
21 (a) Preschool program.
22 (1) The State Board of Education shall implement and
23 administer a grant program under the provisions of this
24 subsection which shall consist of grants to public school
25 districts and other eligible entities, as defined by the
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1 State Board of Education, to conduct voluntary preschool
2 educational programs for children ages 3 to 5 which
3 include a parent education component. A public school
4 district which receives grants under this subsection may
5 subcontract with other entities that are eligible to
6 conduct a preschool educational program. These grants must
7 be used to supplement, not supplant, funds received from
8 any other source.
9 (2) (Blank).
10 (3) Except as otherwise provided under this subsection
11 (a), any teacher of preschool children in the program
12 authorized by this subsection shall hold a Professional
13 Educator License with an early childhood education
14 endorsement.
15 (3.5) Beginning with the 2018-2019 school year and
16 until the 2028-2029 2023-2024 school year, an individual
17 may teach preschool children in an early childhood program
18 under this Section if he or she holds a Professional
19 Educator License with an early childhood education
20 endorsement or with short-term approval for early
21 childhood education or he or she pursues a Professional
22 Educator License and holds any of the following:
23 (A) An ECE Credential Level of 5 awarded by the
24 Department of Human Services under the Gateways to
25 Opportunity Program developed under Section 10-70 of
26 the Department of Human Services Act.
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1 (B) An Educator License with Stipulations with a
2 transitional bilingual educator endorsement and he or
3 she has (i) passed an early childhood education
4 content test or (ii) completed no less than 9 semester
5 hours of postsecondary coursework in the area of early
6 childhood education.
7 (4) (Blank).
8 (4.5) The State Board of Education shall provide the
9 primary source of funding through appropriations for the
10 program. Such funds shall be distributed to achieve a goal
11 of "Preschool for All Children" for the benefit of all
12 children whose families choose to participate in the
13 program. Based on available appropriations, newly funded
14 programs shall be selected through a process giving first
15 priority to qualified programs serving primarily at-risk
16 children and second priority to qualified programs serving
17 primarily children with a family income of less than 4
18 times the poverty guidelines updated periodically in the
19 Federal Register by the U.S. Department of Health and
20 Human Services under the authority of 42 U.S.C. 9902(2).
21 For purposes of this paragraph (4.5), at-risk children are
22 those who because of their home and community environment
23 are subject to such language, cultural, economic and like
24 disadvantages to cause them to have been determined as a
25 result of screening procedures to be at risk of academic
26 failure. Such screening procedures shall be based on
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1 criteria established by the State Board of Education.
2 Except as otherwise provided in this paragraph (4.5),
3 grantees under the program must enter into a memorandum of
4 understanding with the appropriate local Head Start
5 agency. This memorandum must be entered into no later than
6 3 months after the award of a grantee's grant under the
7 program, except that, in the case of the 2009-2010 program
8 year, the memorandum must be entered into no later than
9 the deadline set by the State Board of Education for
10 applications to participate in the program in fiscal year
11 2011, and must address collaboration between the grantee's
12 program and the local Head Start agency on certain issues,
13 which shall include without limitation the following:
14 (A) educational activities, curricular objectives,
15 and instruction;
16 (B) public information dissemination and access to
17 programs for families contacting programs;
18 (C) service areas;
19 (D) selection priorities for eligible children to
20 be served by programs;
21 (E) maximizing the impact of federal and State
22 funding to benefit young children;
23 (F) staff training, including opportunities for
24 joint staff training;
25 (G) technical assistance;
26 (H) communication and parent outreach for smooth
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1 transitions to kindergarten;
2 (I) provision and use of facilities,
3 transportation, and other program elements;
4 (J) facilitating each program's fulfillment of its
5 statutory and regulatory requirements;
6 (K) improving local planning and collaboration;
7 and
8 (L) providing comprehensive services for the
9 neediest Illinois children and families.
10 If the appropriate local Head Start agency is unable or
11 unwilling to enter into a memorandum of understanding as
12 required under this paragraph (4.5), the memorandum of
13 understanding requirement shall not apply and the grantee
14 under the program must notify the State Board of Education
15 in writing of the Head Start agency's inability or
16 unwillingness. The State Board of Education shall compile
17 all such written notices and make them available to the
18 public.
19 (5) The State Board of Education shall develop and
20 provide evaluation tools, including tests, that school
21 districts and other eligible entities may use to evaluate
22 children for school readiness prior to age 5. The State
23 Board of Education shall require school districts and
24 other eligible entities to obtain consent from the parents
25 or guardians of children before any evaluations are
26 conducted. The State Board of Education shall encourage
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1 local school districts and other eligible entities to
2 evaluate the population of preschool children in their
3 communities and provide preschool programs, pursuant to
4 this subsection, where appropriate.
5 (6) The State Board of Education shall report to the
6 General Assembly by November 1, 2018 and every 2 years
7 thereafter on the results and progress of students who
8 were enrolled in preschool educational programs, including
9 an assessment of which programs have been most successful
10 in promoting academic excellence and alleviating academic
11 failure. The State Board of Education shall assess the
12 academic progress of all students who have been enrolled
13 in preschool educational programs.
14 On or before November 1 of each fiscal year in which
15 the General Assembly provides funding for new programs
16 under paragraph (4.5) of this Section, the State Board of
17 Education shall report to the General Assembly on what
18 percentage of new funding was provided to programs serving
19 primarily at-risk children, what percentage of new funding
20 was provided to programs serving primarily children with a
21 family income of less than 4 times the federal poverty
22 level, and what percentage of new funding was provided to
23 other programs.
24 (7) Due to evidence that expulsion practices in the
25 preschool years are linked to poor child outcomes and are
26 employed inconsistently across racial and gender groups,
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1 early childhood programs receiving State funds under this
2 subsection (a) shall prohibit expulsions. Planned
3 transitions to settings that are able to better meet a
4 child's needs are not considered expulsion under this
5 paragraph (7).
6 (A) When persistent and serious challenging
7 behaviors emerge, the early childhood program shall
8 document steps taken to ensure that the child can
9 participate safely in the program; including
10 observations of initial and ongoing challenging
11 behaviors, strategies for remediation and intervention
12 plans to address the behaviors, and communication with
13 the parent or legal guardian, including participation
14 of the parent or legal guardian in planning and
15 decision-making.
16 (B) The early childhood program shall, with
17 parental or legal guardian consent as required,
18 utilize a range of community resources, if available
19 and deemed necessary, including, but not limited to,
20 developmental screenings, referrals to programs and
21 services administered by a local educational agency or
22 early intervention agency under Parts B and C of the
23 federal Individual with Disabilities Education Act,
24 and consultation with infant and early childhood
25 mental health consultants and the child's health care
26 provider. The program shall document attempts to
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1 engage these resources, including parent or legal
2 guardian participation and consent attempted and
3 obtained. Communication with the parent or legal
4 guardian shall take place in a culturally and
5 linguistically competent manner.
6 (C) If there is documented evidence that all
7 available interventions and supports recommended by a
8 qualified professional have been exhausted and the
9 program determines in its professional judgment that
10 transitioning a child to another program is necessary
11 for the well-being of the child or his or her peers and
12 staff, with parent or legal guardian permission, both
13 the current and pending programs shall create a
14 transition plan designed to ensure continuity of
15 services and the comprehensive development of the
16 child. Communication with families shall occur in a
17 culturally and linguistically competent manner.
18 (D) Nothing in this paragraph (7) shall preclude a
19 parent's or legal guardian's right to voluntarily
20 withdraw his or her child from an early childhood
21 program. Early childhood programs shall request and
22 keep on file, when received, a written statement from
23 the parent or legal guardian stating the reason for
24 his or her decision to withdraw his or her child.
25 (E) In the case of the determination of a serious
26 safety threat to a child or others or in the case of
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1 behaviors listed in subsection (d) of Section 10-22.6
2 of this Code, the temporary removal of a child from
3 attendance in group settings may be used. Temporary
4 removal of a child from attendance in a group setting
5 shall trigger the process detailed in subparagraphs
6 (A), (B), and (C) of this paragraph (7), with the child
7 placed back in a group setting as quickly as possible.
8 (F) Early childhood programs may utilize and the
9 State Board of Education, the Department of Human
10 Services, and the Department of Children and Family
11 Services shall recommend training, technical support,
12 and professional development resources to improve the
13 ability of teachers, administrators, program
14 directors, and other staff to promote social-emotional
15 development and behavioral health, to address
16 challenging behaviors, and to understand trauma and
17 trauma-informed care, cultural competence, family
18 engagement with diverse populations, the impact of
19 implicit bias on adult behavior, and the use of
20 reflective practice techniques. Support shall include
21 the availability of resources to contract with infant
22 and early childhood mental health consultants.
23 (G) Beginning on July 1, 2018, early childhood
24 programs shall annually report to the State Board of
25 Education, and, beginning in fiscal year 2020, the
26 State Board of Education shall make available on a
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1 biennial basis, in an existing report, all of the
2 following data for children from birth to age 5 who are
3 served by the program:
4 (i) Total number served over the course of the
5 program year and the total number of children who
6 left the program during the program year.
7 (ii) Number of planned transitions to another
8 program due to children's behavior, by children's
9 race, gender, disability, language, class/group
10 size, teacher-child ratio, and length of program
11 day.
12 (iii) Number of temporary removals of a child
13 from attendance in group settings due to a serious
14 safety threat under subparagraph (E) of this
15 paragraph (7), by children's race, gender,
16 disability, language, class/group size,
17 teacher-child ratio, and length of program day.
18 (iv) Hours of infant and early childhood
19 mental health consultant contact with program
20 leaders, staff, and families over the program
21 year.
22 (H) Changes to services for children with an
23 individualized education program or individual family
24 service plan shall be construed in a manner consistent
25 with the federal Individuals with Disabilities
26 Education Act.
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1 The State Board of Education, in consultation with the
2 Governor's Office of Early Childhood Development and the
3 Department of Children and Family Services, shall adopt
4 rules to administer this paragraph (7).
5 (b) (Blank).
6 (c) Notwithstanding any other provisions of this Section,
7 grantees may serve children ages 0 to 12 of essential workers
8 if the Governor has declared a disaster due to a public health
9 emergency pursuant to Section 7 of the Illinois Emergency
10 Management Agency Act. For the purposes of this subsection,
11 essential workers include those outlined in Executive Order
12 20-8 and school employees. The State Board of Education shall
13 adopt rules to administer this subsection.
14 (Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
15 101-643, eff. 6-18-20.)
16 (105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
17 Sec. 10-20.12a. Tuition for non-resident pupils.
18 (a) To charge non-resident pupils who attend the schools
19 of the district tuition in an amount not exceeding 110% of the
20 per capita cost of maintaining the schools of the district for
21 the preceding school year.
22 Such per capita cost shall be computed by dividing the
23 total cost of conducting and maintaining the schools of the
24 district by the average daily attendance, including tuition
25 pupils. Depreciation on the buildings and equipment of the
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1 schools of the district, and the amount of annual depreciation
2 on such buildings and equipment shall be dependent upon the
3 useful life of such property.
4 The tuition charged shall in no case exceed 110% of the per
5 capita cost of conducting and maintaining the schools of the
6 district attended, as determined with reference to the most
7 recent audit prepared under Section 3-7 which is available at
8 the commencement of the current school year. Non-resident
9 pupils attending the schools of the district for less than the
10 school term shall have their tuition apportioned, however
11 pupils who become non-resident during a school term shall not
12 be charged tuition for the remainder of the school term in
13 which they became non-resident pupils.
14 Notwithstanding the provisions of this Section, a school
15 district may adopt a policy to waive tuition costs for a
16 non-resident pupil if the pupil is a child of a district
17 employee. For purposes of this paragraph, "child" means a
18 district employee's child who is a biological child, adopted
19 child, foster child, stepchild, or a child for which the
20 employee serves as a legal guardian.
21 (b) Unless otherwise agreed to by the parties involved and
22 where the educational services are not otherwise provided for,
23 educational services for an Illinois student under the age of
24 21 (and not eligible for services pursuant to Article 14 of
25 this Code) in any residential program shall be provided by the
26 district in which the facility is located and financed as
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1 follows. The cost of educational services shall be paid by the
2 district in which the student resides in an amount equal to the
3 cost of providing educational services in the residential
4 facility. Payments shall be made by the district of the
5 student's residence and shall be made to the district wherein
6 the facility is located no less than once per month unless
7 otherwise agreed to by the parties.
8 The funding provision of this subsection (b) applies to
9 all Illinois students under the age of 21 (and not eligible for
10 services pursuant to Article 14 of this Code) receiving
11 educational services in residential facilities, irrespective
12 of whether the student was placed therein pursuant to this
13 Code or the Juvenile Court Act of 1987 or by an Illinois public
14 agency or a court. The changes to this subsection (b) made by
15 this amendatory Act of the 95th General Assembly apply to all
16 placements in effect on July 1, 2007 and all placements
17 thereafter. For purposes of this subsection (b), a student's
18 district of residence shall be determined in accordance with
19 subsection (a) of Section 10-20.12b of this Code. The
20 placement of a student in a residential facility shall not
21 affect the residency of the student. When a dispute arises
22 over the determination of the district of residence under this
23 subsection (b), any person or entity, including without
24 limitation a school district or residential facility, may make
25 a written request for a residency decision to the State
26 Superintendent of Education, who, upon review of materials
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1 submitted and any other items or information he or she may
2 request for submission, shall issue his or her decision in
3 writing. The decision of the State Superintendent of Education
4 is final.
5 (Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
6 (105 ILCS 5/10-20.67)
7 (Section scheduled to be repealed on July 1, 2023)
8 Sec. 10-20.67. Short-term substitute teacher training.
9 (a) Each school board shall, in collaboration with its
10 teachers or, if applicable, the exclusive bargaining
11 representative of its teachers, jointly develop a short-term
12 substitute teacher training program that provides individuals
13 who hold a Short-Term Substitute Teaching License under
14 Section 21B-20 of this Code with information on curriculum,
15 classroom management techniques, school safety, and district
16 and building operations. The State Board of Education may
17 develop a model short-term substitute teacher training program
18 for use by a school board under this subsection (a) if the
19 school board and its teachers or, if applicable, the exclusive
20 bargaining representative of its teachers agree to use the
21 State Board's model. A school board with a substitute teacher
22 training program in place before July 1, 2018 (the effective
23 date of Public Act 100-596) may utilize that program to
24 satisfy the requirements of this subsection (a).
25 (b) Nothing in this Section prohibits a school board from
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1 offering substitute training to substitute teachers licensed
2 under paragraph (3) of Section 21B-20 of this Code or to
3 substitute teachers holding a Professional Educator License.
4 (c) (Blank) This Section is repealed on July 1, 2023.
5 (Source: P.A. 100-596, eff. 7-1-18; 101-81, eff. 7-12-19.)
6 (105 ILCS 5/21B-20)
7 Sec. 21B-20. Types of licenses. The State Board of
8 Education shall implement a system of educator licensure,
9 whereby individuals employed in school districts who are
10 required to be licensed must have one of the following
11 licenses: (i) a professional educator license; (ii) an
12 educator license with stipulations; (iii) a substitute
13 teaching license; or (iv) until June 30, 2028 2023, a
14 short-term substitute teaching license. References in law
15 regarding individuals certified or certificated or required to
16 be certified or certificated under Article 21 of this Code
17 shall also include individuals licensed or required to be
18 licensed under this Article. The first year of all licenses
19 ends on June 30 following one full year of the license being
20 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.
25 (1) Professional Educator License. Persons who (i)
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1 have successfully completed an approved educator
2 preparation program and are recommended for licensure by
3 the Illinois institution offering the educator preparation
4 program, (ii) have successfully completed the required
5 testing under Section 21B-30 of this Code, (iii) have
6 successfully completed coursework on the psychology of,
7 the identification of, and the methods of instruction for
8 the exceptional child, including without limitation
9 children with learning disabilities, (iv) have
10 successfully completed coursework in methods of reading
11 and reading in the content area, and (v) have met all other
12 criteria established by rule of the State Board of
13 Education shall be issued a Professional Educator License.
14 All Professional Educator Licenses are valid until June 30
15 immediately following 5 years of the license being issued.
16 The Professional Educator License shall be endorsed with
17 specific areas and grade levels in which the individual is
18 eligible to practice. For an early childhood education
19 endorsement, an individual may satisfy the student
20 teaching requirement of his or her early childhood teacher
21 preparation program through placement in a setting with
22 children from birth through grade 2, and the individual
23 may be paid and receive credit while student teaching. The
24 student teaching experience must meet the requirements of
25 and be approved by the individual's early childhood
26 teacher preparation program.
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1 Individuals can receive subsequent endorsements on the
2 Professional Educator License. Subsequent endorsements
3 shall require a minimum of 24 semester hours of coursework
4 in the endorsement area and passage of the applicable
5 content area test, unless otherwise specified by rule.
6 (2) Educator License with Stipulations. An Educator
7 License with Stipulations shall be issued an endorsement
8 that limits the license holder to one particular position
9 or does not require completion of an approved educator
10 program or both.
11 An individual with an Educator License with
12 Stipulations must not be employed by a school district or
13 any other entity to replace any presently employed teacher
14 who otherwise would not be replaced for any reason.
15 An Educator License with Stipulations may be issued
16 with the following endorsements:
17 (A) (Blank).
18 (B) Alternative provisional educator. An
19 alternative provisional educator endorsement on an
20 Educator License with Stipulations may be issued to an
21 applicant who, at the time of applying for the
22 endorsement, has done all of the following:
23 (i) Graduated from a regionally accredited
24 college or university with a minimum of a
25 bachelor's degree.
26 (ii) Successfully completed the first phase of
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1 the Alternative Educator Licensure Program for
2 Teachers, as described in Section 21B-50 of this
3 Code.
4 (iii) Passed a content area test, as required
5 under Section 21B-30 of this Code.
6 The alternative provisional educator endorsement is
7 valid for 2 years of teaching and may be renewed for a
8 third year by an individual meeting the requirements set
9 forth in Section 21B-50 of this Code.
10 (C) Alternative provisional superintendent. An
11 alternative provisional superintendent endorsement on
12 an Educator License with Stipulations entitles the
13 holder to serve only as a superintendent or assistant
14 superintendent in a school district's central office.
15 This endorsement may only be issued to an applicant
16 who, at the time of applying for the endorsement, has
17 done all of the following:
18 (i) Graduated from a regionally accredited
19 college or university with a minimum of a master's
20 degree in a management field other than education.
21 (ii) Been employed for a period of at least 5
22 years in a management level position in a field
23 other than education.
24 (iii) Successfully completed the first phase
25 of an alternative route to superintendent
26 endorsement program, as provided in Section 21B-55
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1 of this Code.
2 (iv) Passed a content area test required under
3 Section 21B-30 of this Code.
4 The endorsement is valid for 2 fiscal years in
5 order to complete one full year of serving as a
6 superintendent or assistant superintendent.
7 (D) (Blank).
8 (E) Career and technical educator. A career and
9 technical educator endorsement on an Educator License
10 with Stipulations may be issued to an applicant who
11 has a minimum of 60 semester hours of coursework from a
12 regionally accredited institution of higher education
13 or an accredited trade and technical institution and
14 has a minimum of 2,000 hours of experience outside of
15 education in each area to be taught.
16 The career and technical educator endorsement on
17 an Educator License with Stipulations is valid until
18 June 30 immediately following 5 years of the
19 endorsement being issued and may be renewed.
20 An individual who holds a valid career and
21 technical educator endorsement on an Educator License
22 with Stipulations but does not hold a bachelor's
23 degree may substitute teach in career and technical
24 education classrooms.
25 (F) (Blank).
26 (G) Transitional bilingual educator. A
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1 transitional bilingual educator endorsement on an
2 Educator License with Stipulations may be issued for
3 the purpose of providing instruction in accordance
4 with Article 14C of this Code to an applicant who
5 provides satisfactory evidence that he or she meets
6 all of the following requirements:
7 (i) Possesses adequate speaking, reading, and
8 writing ability in the language other than English
9 in which transitional bilingual education is
10 offered.
11 (ii) Has the ability to successfully
12 communicate in English.
13 (iii) Either possessed, within 5 years
14 previous to his or her applying for a transitional
15 bilingual educator endorsement, a valid and
16 comparable teaching certificate or comparable
17 authorization issued by a foreign country or holds
18 a degree from an institution of higher learning in
19 a foreign country that the State Educator
20 Preparation and Licensure Board determines to be
21 the equivalent of a bachelor's degree from a
22 regionally accredited institution of higher
23 learning in the United States.
24 A transitional bilingual educator endorsement
25 shall be valid for prekindergarten through grade 12,
26 is valid until June 30 immediately following 5 years
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1 of the endorsement being issued, and shall not be
2 renewed.
3 Persons holding a transitional bilingual educator
4 endorsement shall not be employed to replace any
5 presently employed teacher who otherwise would not be
6 replaced for any reason.
7 (H) Language endorsement. In an effort to
8 alleviate the shortage of teachers speaking a language
9 other than English in the public schools, an
10 individual who holds an Educator License with
11 Stipulations may also apply for a language
12 endorsement, provided that the applicant provides
13 satisfactory evidence that he or she meets all of the
14 following requirements:
15 (i) Holds a transitional bilingual
16 endorsement.
17 (ii) Has demonstrated proficiency in the
18 language for which the endorsement is to be issued
19 by passing the applicable language content test
20 required by the State Board of Education.
21 (iii) Holds a bachelor's degree or higher from
22 a regionally accredited institution of higher
23 education or, for individuals educated in a
24 country other than the United States, holds a
25 degree from an institution of higher learning in a
26 foreign country that the State Educator
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1 Preparation and Licensure Board determines to be
2 the equivalent of a bachelor's degree from a
3 regionally accredited institution of higher
4 learning in the United States.
5 (iv) (Blank).
6 A language endorsement on an Educator License with
7 Stipulations is valid for prekindergarten through
8 grade 12 for the same validity period as the
9 individual's transitional bilingual educator
10 endorsement on the Educator License with Stipulations
11 and shall not be renewed.
12 (I) Visiting international educator. A visiting
13 international educator endorsement on an Educator
14 License with Stipulations may be issued to an
15 individual who is being recruited by a particular
16 school district that conducts formal recruitment
17 programs outside of the United States to secure the
18 services of qualified teachers and who meets all of
19 the following requirements:
20 (i) Holds the equivalent of a minimum of a
21 bachelor's degree issued in the United States.
22 (ii) Has been prepared as a teacher at the
23 grade level for which he or she will be employed.
24 (iii) Has adequate content knowledge in the
25 subject to be taught.
26 (iv) Has an adequate command of the English
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1 language.
2 A holder of a visiting international educator
3 endorsement on an Educator License with Stipulations
4 shall be permitted to teach in bilingual education
5 programs in the language that was the medium of
6 instruction in his or her teacher preparation program,
7 provided that he or she passes the English Language
8 Proficiency Examination or another test of writing
9 skills in English identified by the State Board of
10 Education, in consultation with the State Educator
11 Preparation and Licensure Board.
12 A visiting international educator endorsement on
13 an Educator License with Stipulations is valid for 5
14 years and shall not be renewed.
15 (J) Paraprofessional educator. A paraprofessional
16 educator endorsement on an Educator License with
17 Stipulations may be issued to an applicant who holds a
18 high school diploma or its recognized equivalent and
19 (i) holds an associate's degree or a minimum of 60
20 semester hours of credit from a regionally accredited
21 institution of higher education; (ii) has passed a
22 paraprofessional competency test under subsection
23 (c-5) of Section 21B-30; or (iii) is at least 18 years
24 of age and will be using the Educator License with
25 Stipulations exclusively for grades prekindergarten
26 through grade 8, until the individual reaches the age
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1 of 19 years and otherwise meets the criteria for a
2 paraprofessional educator endorsement pursuant to this
3 subparagraph (J). The paraprofessional educator
4 endorsement is valid until June 30 immediately
5 following 5 years of the endorsement being issued and
6 may be renewed through application and payment of the
7 appropriate fee, as required under Section 21B-40 of
8 this Code. An individual who holds only a
9 paraprofessional educator endorsement is not subject
10 to additional requirements in order to renew the
11 endorsement.
12 (K) Chief school business official. A chief school
13 business official endorsement on an Educator License
14 with Stipulations may be issued to an applicant who
15 qualifies by having a master's degree or higher, 2
16 years of full-time administrative experience in school
17 business management or 2 years of university-approved
18 practical experience, and a minimum of 24 semester
19 hours of graduate credit in a program approved by the
20 State Board of Education for the preparation of school
21 business administrators and by passage of the
22 applicable State tests, including an applicable
23 content area test.
24 The chief school business official endorsement may
25 also be affixed to the Educator License with
26 Stipulations of any holder who qualifies by having a
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1 master's degree in business administration, finance,
2 accounting, or public administration and who completes
3 an additional 6 semester hours of internship in school
4 business management from a regionally accredited
5 institution of higher education and passes the
6 applicable State tests, including an applicable
7 content area test. This endorsement shall be required
8 for any individual employed as a chief school business
9 official.
10 The chief school business official endorsement on
11 an Educator License with Stipulations is valid until
12 June 30 immediately following 5 years of the
13 endorsement being issued and may be renewed if the
14 license holder completes renewal requirements as
15 required for individuals who hold a Professional
16 Educator License endorsed for chief school business
17 official under Section 21B-45 of this Code and such
18 rules as may be adopted by the State Board of
19 Education.
20 The State Board of Education shall adopt any rules
21 necessary to implement Public Act 100-288.
22 (L) Provisional in-state educator. A provisional
23 in-state educator endorsement on an Educator License
24 with Stipulations may be issued to a candidate who has
25 completed an Illinois-approved educator preparation
26 program at an Illinois institution of higher education
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1 and who has not successfully completed an
2 evidence-based assessment of teacher effectiveness but
3 who meets all of the following requirements:
4 (i) Holds at least a bachelor's degree.
5 (ii) Has completed an approved educator
6 preparation program at an Illinois institution.
7 (iii) Has passed an applicable content area
8 test, as required by Section 21B-30 of this Code.
9 (iv) Has attempted an evidence-based
10 assessment of teacher effectiveness and received a
11 minimum score on that assessment, as established
12 by the State Board of Education in consultation
13 with the State Educator Preparation and Licensure
14 Board.
15 A provisional in-state educator endorsement on an
16 Educator License with Stipulations is valid for one
17 full fiscal year after the date of issuance and may not
18 be renewed.
19 (M) (Blank).
20 (N) Specialized services. A specialized services
21 endorsement on an Educator License with Stipulations
22 may be issued as defined and specified by rule.
23 (3) Substitute Teaching License. A Substitute Teaching
24 License may be issued to qualified applicants for
25 substitute teaching in all grades of the public schools,
26 prekindergarten through grade 12. Substitute Teaching
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1 Licenses are not eligible for endorsements. Applicants for
2 a Substitute Teaching License must hold a bachelor's
3 degree or higher from a regionally accredited institution
4 of higher education or must be enrolled in an approved
5 educator preparation program in this State and have earned
6 at least 90 credit hours.
7 Substitute Teaching Licenses are valid for 5 years.
8 Substitute Teaching Licenses are valid for substitute
9 teaching in every county of this State. If an individual
10 has had his or her Professional Educator License or
11 Educator License with Stipulations suspended or revoked,
12 then that individual is not eligible to obtain a
13 Substitute Teaching License.
14 A substitute teacher may only teach in the place of a
15 licensed teacher who is under contract with the employing
16 board. If, however, there is no licensed teacher under
17 contract because of an emergency situation, then a
18 district may employ a substitute teacher for no longer
19 than 30 calendar days per each vacant position in the
20 district if the district notifies the appropriate regional
21 office of education within 5 business days after the
22 employment of the substitute teacher in the emergency
23 situation. An emergency situation is one in which an
24 unforeseen vacancy has occurred and (i) a teacher is
25 unable to fulfill his or her contractual duties or (ii)
26 teacher capacity needs of the district exceed previous
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1 indications, and the district is actively engaged in
2 advertising to hire a fully licensed teacher for the
3 vacant position.
4 There is no limit on the number of days that a
5 substitute teacher may teach in a single school district,
6 provided that no substitute teacher may teach for longer
7 than 120 days beginning with the 2021-2022 school year
8 through the 2022-2023 school year, otherwise 90 school
9 days for any one licensed teacher under contract in the
10 same school year. A substitute teacher who holds a
11 Professional Educator License or Educator License with
12 Stipulations shall not teach for more than 120 school days
13 for any one licensed teacher under contract in the same
14 school year. The limitations in this paragraph (3) on the
15 number of days a substitute teacher may be employed do not
16 apply to any school district operating under Article 34 of
17 this Code.
18 A school district may not require an individual who
19 holds a valid Professional Educator License or Educator
20 License with Stipulations to seek or hold a Substitute
21 Teaching License to teach as a substitute teacher.
22 (4) Short-Term Substitute Teaching License. Beginning
23 on July 1, 2018 and until June 30, 2028 2023, applicants
24 may apply to the State Board of Education for issuance of
25 may issue a Short-Term Substitute Teaching License. A
26 Short-Term Substitute Teaching License may be issued to a
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1 qualified applicant for substitute teaching in all grades
2 of the public schools, prekindergarten through grade 12.
3 Short-Term Substitute Teaching Licenses are not eligible
4 for endorsements. Applicants for a Short-Term Substitute
5 Teaching License must hold an associate's degree or have
6 completed at least 60 credit hours from a regionally
7 accredited institution of higher education.
8 Short-Term Substitute Teaching Licenses are valid for
9 substitute teaching in every county of this State. If an
10 individual has had his or her Professional Educator
11 License or Educator License with Stipulations suspended or
12 revoked, then that individual is not eligible to obtain a
13 Short-Term Substitute Teaching License.
14 The provisions of Sections 10-21.9 and 34-18.5 of this
15 Code apply to short-term substitute teachers.
16 An individual holding a Short-Term Substitute Teaching
17 License may teach no more than 15 consecutive days per
18 licensed teacher who is under contract. For teacher
19 absences lasting 6 or more days per licensed teacher who
20 is under contract, a school district may not hire an
21 individual holding a Short-Term Substitute Teaching
22 License, unless the Governor has declared a disaster due
23 to a public health emergency pursuant to Section 7 of the
24 Illinois Emergency Management Agency Act. An individual
25 holding a Short-Term Substitute Teaching License must
26 complete the training program under Section 10-20.67 or
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1 34-18.60 of this Code to be eligible to teach at a public
2 school. Short-term substitute teaching licenses under this
3 Section are valid for 5 years. This paragraph (4) is
4 inoperative on and after July 1, 2023.
5 (Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19;
6 101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff.
7 1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717,
8 eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)
9 (105 ILCS 5/21B-50)
10 Sec. 21B-50. Alternative Educator Licensure Program.
11 (a) There is established an alternative educator licensure
12 program, to be known as the Alternative Educator Licensure
13 Program for Teachers.
14 (b) The Alternative Educator Licensure Program for
15 Teachers may be offered by a recognized institution approved
16 to offer educator preparation programs by the State Board of
17 Education, in consultation with the State Educator Preparation
18 and Licensure Board.
19 The program shall be comprised of up to 3 4 phases:
20 (1) A course of study that at a minimum includes
21 instructional planning; instructional strategies,
22 including special education, reading, and English language
23 learning; classroom management; and the assessment of
24 students and use of data to drive instruction.
25 (2) A year of residency, which is a candidate's
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1 assignment to a full-time teaching position or as a
2 co-teacher for one full school year. An individual must
3 hold an Educator License with Stipulations with an
4 alternative provisional educator endorsement in order to
5 enter the residency. In residency, the candidate must: be
6 assigned an effective, fully licensed teacher by the
7 principal or principal equivalent to act as a mentor and
8 coach the candidate through residency, and must complete
9 additional program requirements that address required
10 State and national standards, pass the State Board's
11 teacher performance assessment no later than the end of
12 the first semester of the second year of residency, as
13 required under phase (3) of this subsection (b), and be
14 recommended by the principal or qualified equivalent of a
15 principal, as required under subsection (d) of this
16 Section, and the program coordinator to be recommended for
17 full licensure or to continue with a the second year of the
18 residency.
19 (3) (Blank). A second year of residency, which shall
20 include the candidate's assignment to a full-time teaching
21 position for one school year. The candidate must be
22 assigned an experienced teacher to act as a mentor and
23 coach the candidate through the second year of residency.
24 (4) A comprehensive assessment of the candidate's
25 teaching effectiveness, as evaluated by the principal or
26 qualified equivalent of a principal, as required under
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1 subsection (d) of this Section, and the program
2 coordinator, at the end of either the first or the second
3 year of residency. If there is disagreement between the 2
4 evaluators about the candidate's teaching effectiveness at
5 the end of the first year of residency, a second year of
6 residency shall be required. If there is disagreement
7 between the 2 evaluators at the end of the second year of
8 residency, the candidate may complete one additional year
9 of residency teaching under a professional development
10 plan developed by the principal or qualified equivalent
11 and the preparation program. At the completion of the
12 third year, a candidate must have positive evaluations and
13 a recommendation for full licensure from both the
14 principal or qualified equivalent and the program
15 coordinator or no Professional Educator License shall be
16 issued.
17 Successful completion of the program shall be deemed to
18 satisfy any other practice or student teaching and content
19 matter requirements established by law.
20 (c) An alternative provisional educator endorsement on an
21 Educator License with Stipulations is valid for up to 2 years
22 of teaching in the public schools, including without
23 limitation a preschool educational program under Section
24 2-3.71 of this Code or charter school, or in a
25 State-recognized nonpublic school in which the chief
26 administrator is required to have the licensure necessary to
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1 be a principal in a public school in this State and in which a
2 majority of the teachers are required to have the licensure
3 necessary to be instructors in a public school in this State,
4 but may be renewed for a third year if needed to complete the
5 Alternative Educator Licensure Program for Teachers. The
6 endorsement shall be issued only once to an individual who
7 meets all of the following requirements:
8 (1) Has graduated from a regionally accredited college
9 or university with a bachelor's degree or higher.
10 (2) (Blank).
11 (3) Has completed a major in the content area if
12 seeking a middle or secondary level endorsement or, if
13 seeking an early childhood, elementary, or special
14 education endorsement, has completed a major in the
15 content area of early childhood reading, English/language
16 arts, mathematics, or one of the sciences. If the
17 individual does not have a major in a content area for any
18 level of teaching, he or she must submit transcripts to
19 the State Board of Education to be reviewed for
20 equivalency.
21 (4) Has successfully completed phase (1) of subsection
22 (b) of this Section.
23 (5) Has passed a content area test required for the
24 specific endorsement for admission into the program, as
25 required under Section 21B-30 of this Code.
26 A candidate possessing the alternative provisional
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1 educator endorsement may receive a salary, benefits, and any
2 other terms of employment offered to teachers in the school
3 who are members of an exclusive bargaining representative, if
4 any, but a school is not required to provide these benefits
5 during the years of residency if the candidate is serving only
6 as a co-teacher. If the candidate is serving as the teacher of
7 record, the candidate must receive a salary, benefits, and any
8 other terms of employment. Residency experiences must not be
9 counted towards tenure.
10 (d) The recognized institution offering the Alternative
11 Educator Licensure Program for Teachers must partner with a
12 school district, including without limitation a preschool
13 educational program under Section 2-3.71 of this Code or
14 charter school, or a State-recognized, nonpublic school in
15 this State in which the chief administrator is required to
16 have the licensure necessary to be a principal in a public
17 school in this State and in which a majority of the teachers
18 are required to have the licensure necessary to be instructors
19 in a public school in this State. A recognized institution
20 that partners with a public school district administering a
21 preschool educational program under Section 2-3.71 of this
22 Code must require a principal to recommend or evaluate
23 candidates in the program. A recognized institution that
24 partners with an eligible entity administering a preschool
25 educational program under Section 2-3.71 of this Code and that
26 is not a public school district must require a principal or
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1 qualified equivalent of a principal to recommend or evaluate
2 candidates in the program. The program presented for approval
3 by the State Board of Education must demonstrate the supports
4 that are to be provided to assist the provisional teacher
5 during the 1-year or 2-year residency period and if the
6 residency period is to be less than 2 years in length,
7 assurances from the partner school districts to provide
8 intensive mentoring and supports through at least the end of
9 the second full year of teaching for educators who completed
10 the Alternative Educators Licensure Program in less than 2
11 years. These supports must, at a minimum, provide additional
12 contact hours with mentors during the first year of residency.
13 (e) Upon completion of the 4 phases under paragraphs (1),
14 (2), (4), and, if needed, (3) outlined in subsection (b) of
15 this Section and all assessments required under Section 21B-30
16 of this Code, an individual shall receive a Professional
17 Educator License.
18 (f) The State Board of Education, in consultation with the
19 State Educator Preparation and Licensure Board, may adopt such
20 rules as may be necessary to establish and implement the
21 Alternative Educator Licensure Program for Teachers.
22 (Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
23 101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
24 6-18-20; 101-654, eff. 3-8-21.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.
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