Public Act 103-0111
SB2390 EnrolledLRB103 28048 RJT 54427 b SB2390 Enrolled LRB103 28048 RJT 54427 b
SB2390 Enrolled LRB103 28048 RJT 54427 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
2-3.25o, 2-3.71, 10-20.12a, 10-20.67, 21B-20, and 21B-50 as
follows:
(105 ILCS 5/2-3.25o)
Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
(a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities" and (ii) that the educational development of every
school student serves the public purposes of the State. In
order to ensure that all Illinois students and teachers have
the opportunity to enroll and work in State-approved
educational institutions and programs, the State Board of
Education shall provide for the voluntary registration and
recognition of non-public elementary and secondary schools.
(b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
SB2390 Enrolled LRB103 28048 RJT 54427 b
shall be completed in conformance with procedures prescribed
by the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and
immunization, attendance, length of term, and
nondiscrimination, including assurances that the school will
not prohibit hairstyles historically associated with race,
ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists, and
(ii) with applicable fire and health safety requirements.
(c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of
non-public schools are different from public schools and will
not be identical to those for public schools, nor will they be
more burdensome. The guidelines and procedures must also
recognize the diversity of non-public schools and shall not
impinge upon the noneducational relationships between those
schools and their clientele.
(c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in Section
21B-80 of this Code or have been convicted, within 7 years of
the application for employment, of any other felony under the
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school, then only one of the non-public schools employing the
individual shall request the authorization. Upon receipt of
this authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police.
The Illinois State Police and Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereafter, until expunged, to the president or
principal of the non-public school that requested the check.
The Illinois State Police shall charge that school a fee for
conducting such check, which fee must be deposited into the
State Police Services Fund and must not exceed the cost of the
inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse non-public
schools for fees paid to obtain criminal history records
checks under this Section.
A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, and the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Registration Act, for each
applicant for employment, after July 1, 2007, to determine
whether the applicant has been adjudicated of a sex offense or
of a murder or other violent crime against youth. The checks of
the Statewide Sex Offender Database and the Stateside Murderer
and Violent Offender Against Youth Database must be conducted
by the non-public school once for every 5 years that an
applicant remains employed by the non-public school. a sex
offender.
Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Illinois State Police shall be provided to the applicant
for employment. Upon a check of the Statewide Sex Offender
Database, the non-public school shall notify the applicant as
to whether or not the applicant has been identified in the Sex
Offender Database as a sex offender. Any information
concerning the records of conviction obtained by the
non-public school's president or principal under this Section
for a substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's
principal or president to which the applicant seeks
employment. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
an Illinois State Police and Federal Bureau of Investigation
fingerprint-based criminal history records check and a
Statewide Sex Offender Database check has not been initiated
or who has been convicted of any offense enumerated in Section
21B-80 of this Code or any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as one or more of those offenses. No non-public
school may obtain recognition status under this Section that
knowingly employs a person who has been found to be the
perpetrator of sexual or physical abuse of a minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
In order to obtain recognition status under this Section,
a non-public school must require compliance with the
provisions of this subsection (c-5) from all employees of
persons or firms holding contracts with the school, including,
but not limited to, food service workers, school bus drivers,
and other transportation employees, who have direct, daily
contact with pupils. Any information concerning the records of
conviction or identification as a sex offender of any such
employee obtained by the non-public school principal or
president must be promptly reported to the school's governing
body.
Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, a student teacher is
required to authorize a fingerprint-based criminal history
records check. Authorization for and payment of the costs of
the check must be furnished by the student teacher to the chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Illinois
State Police, to the Illinois State Police. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the chief administrative officer of the
non-public school that requested the check. The Illinois State
Police shall charge the school a fee for conducting the check,
which fee must be passed on to the student teacher, must not
exceed the cost of the inquiry, and must be deposited into the
State Police Services Fund. The school shall further perform a
check of the Statewide Sex Offender Database, as authorized by
the Sex Offender Community Notification Law, and of the
Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school that has obtained or seeks to obtain recognition status
under this Section may knowingly allow a person to student
teach for whom a criminal history records check, a Statewide
Sex Offender Database check, and a Statewide Murderer and
Violent Offender Against Youth Database check have not been
completed and reviewed by the chief administrative officer of
the non-public school.
A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the chief administrative officer of the non-public school
is confidential and may be transmitted only to the chief
administrative officer of the non-public school or his or her
designee, the State Superintendent of Education, the State
Educator Preparation and Licensure Board, or, for
clarification purposes, the Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
No school that has obtained or seeks to obtain recognition
status under this Section may knowingly allow a person to
student teach who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code or who has been found
to be the perpetrator of sexual or physical abuse of a minor
under 18 years of age pursuant to proceedings under Article II
of the Juvenile Court Act of 1987.
Any school that has obtained or seeks to obtain
recognition status under this Section may not prohibit
hairstyles historically associated with race, ethnicity, or
hair texture, including, but not limited to, protective
hairstyles such as braids, locks, and twists.
(d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
(e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with
Title VI of the Civil Rights Act of 1964 and attendance at
which satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22.)
(105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
Sec. 2-3.71. Grants for preschool educational programs.
(a) Preschool program.
(1) The State Board of Education shall implement and
administer a grant program under the provisions of this
subsection which shall consist of grants to public school
districts and other eligible entities, as defined by the
State Board of Education, to conduct voluntary preschool
educational programs for children ages 3 to 5 which
include a parent education component. A public school
district which receives grants under this subsection may
subcontract with other entities that are eligible to
conduct a preschool educational program. These grants must
be used to supplement, not supplant, funds received from
any other source.
(2) (Blank).
(3) Except as otherwise provided under this subsection
(a), any teacher of preschool children in the program
authorized by this subsection shall hold a Professional
Educator License with an early childhood education
endorsement.
(3.5) Beginning with the 2018-2019 school year and
until the 2028-2029 2023-2024 school year, an individual
may teach preschool children in an early childhood program
under this Section if he or she holds a Professional
Educator License with an early childhood education
endorsement or with short-term approval for early
childhood education or he or she pursues a Professional
Educator License and holds any of the following:
(A) An ECE Credential Level of 5 awarded by the
Department of Human Services under the Gateways to
Opportunity Program developed under Section 10-70 of
the Department of Human Services Act.
(B) An Educator License with Stipulations with a
transitional bilingual educator endorsement and he or
she has (i) passed an early childhood education
content test or (ii) completed no less than 9 semester
hours of postsecondary coursework in the area of early
childhood education.
(4) (Blank).
(4.5) The State Board of Education shall provide the
primary source of funding through appropriations for the
program. Such funds shall be distributed to achieve a goal
of "Preschool for All Children" for the benefit of all
children whose families choose to participate in the
program. Based on available appropriations, newly funded
programs shall be selected through a process giving first
priority to qualified programs serving primarily at-risk
children and second priority to qualified programs serving
primarily children with a family income of less than 4
times the poverty guidelines updated periodically in the
Federal Register by the U.S. Department of Health and
Human Services under the authority of 42 U.S.C. 9902(2).
For purposes of this paragraph (4.5), at-risk children are
those who because of their home and community environment
are subject to such language, cultural, economic and like
disadvantages to cause them to have been determined as a
result of screening procedures to be at risk of academic
failure. Such screening procedures shall be based on
criteria established by the State Board of Education.
Except as otherwise provided in this paragraph (4.5),
grantees under the program must enter into a memorandum of
understanding with the appropriate local Head Start
agency. This memorandum must be entered into no later than
3 months after the award of a grantee's grant under the
program, except that, in the case of the 2009-2010 program
year, the memorandum must be entered into no later than
the deadline set by the State Board of Education for
applications to participate in the program in fiscal year
2011, and must address collaboration between the grantee's
program and the local Head Start agency on certain issues,
which shall include without limitation the following:
(A) educational activities, curricular objectives,
and instruction;
(B) public information dissemination and access to
programs for families contacting programs;
(C) service areas;
(D) selection priorities for eligible children to
be served by programs;
(E) maximizing the impact of federal and State
funding to benefit young children;
(F) staff training, including opportunities for
joint staff training;
(G) technical assistance;
(H) communication and parent outreach for smooth
transitions to kindergarten;
(I) provision and use of facilities,
transportation, and other program elements;
(J) facilitating each program's fulfillment of its
statutory and regulatory requirements;
(K) improving local planning and collaboration;
and
(L) providing comprehensive services for the
neediest Illinois children and families.
If the appropriate local Head Start agency is unable or
unwilling to enter into a memorandum of understanding as
required under this paragraph (4.5), the memorandum of
understanding requirement shall not apply and the grantee
under the program must notify the State Board of Education
in writing of the Head Start agency's inability or
unwillingness. The State Board of Education shall compile
all such written notices and make them available to the
public.
(5) The State Board of Education shall develop and
provide evaluation tools, including tests, that school
districts and other eligible entities may use to evaluate
children for school readiness prior to age 5. The State
Board of Education shall require school districts and
other eligible entities to obtain consent from the parents
or guardians of children before any evaluations are
conducted. The State Board of Education shall encourage
local school districts and other eligible entities to
evaluate the population of preschool children in their
communities and provide preschool programs, pursuant to
this subsection, where appropriate.
(6) The State Board of Education shall report to the
General Assembly by November 1, 2018 and every 2 years
thereafter on the results and progress of students who
were enrolled in preschool educational programs, including
an assessment of which programs have been most successful
in promoting academic excellence and alleviating academic
failure. The State Board of Education shall assess the
academic progress of all students who have been enrolled
in preschool educational programs.
On or before November 1 of each fiscal year in which
the General Assembly provides funding for new programs
under paragraph (4.5) of this Section, the State Board of
Education shall report to the General Assembly on what
percentage of new funding was provided to programs serving
primarily at-risk children, what percentage of new funding
was provided to programs serving primarily children with a
family income of less than 4 times the federal poverty
level, and what percentage of new funding was provided to
other programs.
(7) Due to evidence that expulsion practices in the
preschool years are linked to poor child outcomes and are
employed inconsistently across racial and gender groups,
early childhood programs receiving State funds under this
subsection (a) shall prohibit expulsions. Planned
transitions to settings that are able to better meet a
child's needs are not considered expulsion under this
paragraph (7).
(A) When persistent and serious challenging
behaviors emerge, the early childhood program shall
document steps taken to ensure that the child can
participate safely in the program; including
observations of initial and ongoing challenging
behaviors, strategies for remediation and intervention
plans to address the behaviors, and communication with
the parent or legal guardian, including participation
of the parent or legal guardian in planning and
decision-making.
(B) The early childhood program shall, with
parental or legal guardian consent as required,
utilize a range of community resources, if available
and deemed necessary, including, but not limited to,
developmental screenings, referrals to programs and
services administered by a local educational agency or
early intervention agency under Parts B and C of the
federal Individual with Disabilities Education Act,
and consultation with infant and early childhood
mental health consultants and the child's health care
provider. The program shall document attempts to
engage these resources, including parent or legal
guardian participation and consent attempted and
obtained. Communication with the parent or legal
guardian shall take place in a culturally and
linguistically competent manner.
(C) If there is documented evidence that all
available interventions and supports recommended by a
qualified professional have been exhausted and the
program determines in its professional judgment that
transitioning a child to another program is necessary
for the well-being of the child or his or her peers and
staff, with parent or legal guardian permission, both
the current and pending programs shall create a
transition plan designed to ensure continuity of
services and the comprehensive development of the
child. Communication with families shall occur in a
culturally and linguistically competent manner.
(D) Nothing in this paragraph (7) shall preclude a
parent's or legal guardian's right to voluntarily
withdraw his or her child from an early childhood
program. Early childhood programs shall request and
keep on file, when received, a written statement from
the parent or legal guardian stating the reason for
his or her decision to withdraw his or her child.
(E) In the case of the determination of a serious
safety threat to a child or others or in the case of
behaviors listed in subsection (d) of Section 10-22.6
of this Code, the temporary removal of a child from
attendance in group settings may be used. Temporary
removal of a child from attendance in a group setting
shall trigger the process detailed in subparagraphs
(A), (B), and (C) of this paragraph (7), with the child
placed back in a group setting as quickly as possible.
(F) Early childhood programs may utilize and the
State Board of Education, the Department of Human
Services, and the Department of Children and Family
Services shall recommend training, technical support,
and professional development resources to improve the
ability of teachers, administrators, program
directors, and other staff to promote social-emotional
development and behavioral health, to address
challenging behaviors, and to understand trauma and
trauma-informed care, cultural competence, family
engagement with diverse populations, the impact of
implicit bias on adult behavior, and the use of
reflective practice techniques. Support shall include
the availability of resources to contract with infant
and early childhood mental health consultants.
(G) Beginning on July 1, 2018, early childhood
programs shall annually report to the State Board of
Education, and, beginning in fiscal year 2020, the
State Board of Education shall make available on a
biennial basis, in an existing report, all of the
following data for children from birth to age 5 who are
served by the program:
(i) Total number served over the course of the
program year and the total number of children who
left the program during the program year.
(ii) Number of planned transitions to another
program due to children's behavior, by children's
race, gender, disability, language, class/group
size, teacher-child ratio, and length of program
day.
(iii) Number of temporary removals of a child
from attendance in group settings due to a serious
safety threat under subparagraph (E) of this
paragraph (7), by children's race, gender,
disability, language, class/group size,
teacher-child ratio, and length of program day.
(iv) Hours of infant and early childhood
mental health consultant contact with program
leaders, staff, and families over the program
year.
(H) Changes to services for children with an
individualized education program or individual family
service plan shall be construed in a manner consistent
with the federal Individuals with Disabilities
Education Act.
The State Board of Education, in consultation with the
Governor's Office of Early Childhood Development and the
Department of Children and Family Services, shall adopt
rules to administer this paragraph (7).
(b) (Blank).
(c) Notwithstanding any other provisions of this Section,
grantees may serve children ages 0 to 12 of essential workers
if the Governor has declared a disaster due to a public health
emergency pursuant to Section 7 of the Illinois Emergency
Management Agency Act. For the purposes of this subsection,
essential workers include those outlined in Executive Order
20-8 and school employees. The State Board of Education shall
adopt rules to administer this subsection.
(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
101-643, eff. 6-18-20.)
(105 ILCS 5/10-20.12a) (from Ch. 122, par. 10-20.12a)
Sec. 10-20.12a. Tuition for non-resident pupils.
(a) To charge non-resident pupils who attend the schools
of the district tuition in an amount not exceeding 110% of the
per capita cost of maintaining the schools of the district for
the preceding school year.
Such per capita cost shall be computed by dividing the
total cost of conducting and maintaining the schools of the
district by the average daily attendance, including tuition
pupils. Depreciation on the buildings and equipment of the
schools of the district, and the amount of annual depreciation
on such buildings and equipment shall be dependent upon the
useful life of such property.
The tuition charged shall in no case exceed 110% of the per
capita cost of conducting and maintaining the schools of the
district attended, as determined with reference to the most
recent audit prepared under Section 3-7 which is available at
the commencement of the current school year. Non-resident
pupils attending the schools of the district for less than the
school term shall have their tuition apportioned, however
pupils who become non-resident during a school term shall not
be charged tuition for the remainder of the school term in
which they became non-resident pupils.
Notwithstanding the provisions of this Section, a school
district may adopt a policy to waive tuition costs for a
non-resident pupil if the pupil is a child of a district
employee. For purposes of this paragraph, "child" means a
district employee's child who is a biological child, adopted
child, foster child, stepchild, or a child for which the
employee serves as a legal guardian.
(b) Unless otherwise agreed to by the parties involved and
where the educational services are not otherwise provided for,
educational services for an Illinois student under the age of
21 (and not eligible for services pursuant to Article 14 of
this Code) in any residential program shall be provided by the
district in which the facility is located and financed as
follows. The cost of educational services shall be paid by the
district in which the student resides in an amount equal to the
cost of providing educational services in the residential
facility. Payments shall be made by the district of the
student's residence and shall be made to the district wherein
the facility is located no less than once per month unless
otherwise agreed to by the parties.
The funding provision of this subsection (b) applies to
all Illinois students under the age of 21 (and not eligible for
services pursuant to Article 14 of this Code) receiving
educational services in residential facilities, irrespective
of whether the student was placed therein pursuant to this
Code or the Juvenile Court Act of 1987 or by an Illinois public
agency or a court. The changes to this subsection (b) made by
this amendatory Act of the 95th General Assembly apply to all
placements in effect on July 1, 2007 and all placements
thereafter. For purposes of this subsection (b), a student's
district of residence shall be determined in accordance with
subsection (a) of Section 10-20.12b of this Code. The
placement of a student in a residential facility shall not
affect the residency of the student. When a dispute arises
over the determination of the district of residence under this
subsection (b), any person or entity, including without
limitation a school district or residential facility, may make
a written request for a residency decision to the State
Superintendent of Education, who, upon review of materials
submitted and any other items or information he or she may
request for submission, shall issue his or her decision in
writing. The decision of the State Superintendent of Education
is final.
(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
(105 ILCS 5/10-20.67)
(Section scheduled to be repealed on July 1, 2023)
Sec. 10-20.67. Short-term substitute teacher training.
(a) Each school board shall, in collaboration with its
teachers or, if applicable, the exclusive bargaining
representative of its teachers, jointly develop a short-term
substitute teacher training program that provides individuals
who hold a Short-Term Substitute Teaching License under
Section 21B-20 of this Code with information on curriculum,
classroom management techniques, school safety, and district
and building operations. The State Board of Education may
develop a model short-term substitute teacher training program
for use by a school board under this subsection (a) if the
school board and its teachers or, if applicable, the exclusive
bargaining representative of its teachers agree to use the
State Board's model. A school board with a substitute teacher
training program in place before July 1, 2018 (the effective
date of Public Act 100-596) may utilize that program to
satisfy the requirements of this subsection (a).
(b) Nothing in this Section prohibits a school board from
offering substitute training to substitute teachers licensed
under paragraph (3) of Section 21B-20 of this Code or to
substitute teachers holding a Professional Educator License.
(c) (Blank) This Section is repealed on July 1, 2023.
(Source: P.A. 100-596, eff. 7-1-18; 101-81, eff. 7-12-19.)
(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, 2028 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) (Blank).
(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) holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education; (ii) 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 or must be enrolled in an approved
educator preparation program in this State and have earned
at least 90 credit hours.
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 120 days beginning with the 2021-2022 school year
through the 2022-2023 school year, otherwise 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, 2028 2023, applicants
may apply to the State Board of Education for issuance of
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 15 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, unless the Governor has declared a disaster due
to a public health emergency pursuant to Section 7 of the
Illinois Emergency Management Agency Act. 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. Short-term substitute teaching licenses under this
Section are valid for 5 years. This paragraph (4) is
inoperative on and after July 1, 2023.
(Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19;
101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff.
1-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717,
eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)
(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 up to 3 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. In residency, the candidate must: be
assigned an effective, fully licensed teacher by the
principal or principal equivalent to act as a mentor and
coach the candidate through residency, and must complete
additional program requirements that address required
State and national standards, pass the State Board's
teacher performance assessment no later than the end of
the first semester of the second year of residency, 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 be recommended for
full licensure or to continue with a the second year of the
residency.
(3) (Blank). 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 either the first or the second
year of residency. If there is disagreement between the 2
evaluators about the candidate's teaching effectiveness at
the end of the first year of residency, a second year of
residency shall be required. If there is disagreement
between the 2 evaluators at the end of the second year of
residency, 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 up to 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) (Blank).
(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 early childhood 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 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 1-year or 2-year residency period and if the
residency period is to be less than 2 years in length,
assurances from the partner school districts to provide
intensive mentoring and supports through at least the end of
the second full year of teaching for educators who completed
the Alternative Educators Licensure Program in less than 2
years. These supports must, at a minimum, provide additional
contact hours with mentors during the first year of residency.
(e) Upon completion of the 4 phases under paragraphs (1),
(2), (4), and, if needed, (3) 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. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
6-18-20; 101-654, eff. 3-8-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.