101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5639
 
Introduced , by Rep. Edgar Gonzalez, Jr.
 
SYNOPSIS AS INTRODUCED:
 

 
105 ILCS 5/2-3.173

     Amends the School Code. In a provision concerning substitute teacher recruiting firms, provides that an individual hired by a recruiting firm may teach no more than 5 consecutive days per licensed teacher who is under a collective bargaining agreement.
  


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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB5639LRB101 18676 NHT 68131 b


  
1    AN ACT concerning education.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The School Code is amended  by changing Section 
52-3.173 as follows:
 
6    (105 ILCS 5/2-3.173)
7    Sec. 2-3.173. Substitute teachers; recruiting firms.
8    (a) In this Section, "recruiting firm" means a company with 
9expertise in finding qualified applicants for positions and 
10screening those potential workers for an employer.
11    (b) By January 1, 2019, the State Board of Education shall 
12implement a program and adopt rules to allow school districts 
13to supplement their substitute teacher recruitment for 
14elementary and secondary schools with the use of recruiting 
15firms, subject to the other provisions of this Section. To 
16qualify for the program, a school district shall demonstrate to 
17the State Board that, because of the severity of its substitute 
18teacher shortage, it is unable to find an adequate amount of 
19substitute or retired teachers and has exhausted all other 
20efforts. Substitute teachers provided by a recruiting firm must 
21adhere to all mandated State laws, rules, and screening 
22requirements for substitute teachers not provided by a 
23recruiting firm and must be paid on the same wage scale as 
 
 
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1substitute teachers not provided by a recruiting firm. This 
2Section shall not be construed to require school districts to 
3use recruiting firms for substitute teachers. A school district 
4may not use a recruiting firm under this Section to circumvent 
5any collective bargaining agreements or State laws, rules, or 
6screening requirements for teachers. A school district may not 
7reduce the number of full-time staff members of a department as 
8a result of hiring a substitute teacher recruiting firm. In the 
9event of a teacher's strike, a school district may not use a 
10recruiting firm to hire a substitute teacher. An individual 
11hired by a recruiting firm may teach no more than 5 consecutive 
12days per licensed teacher who is under a collective bargaining 
13agreement.
14    (c) A school district organized under Article 34 of this 
15Code may contract with a substitute teacher recruiting firm 
16under this Section only if the district meets the following 
17requirements:
18        (1) certifies to the State Board of Education that it 
19    has adequate funds to fill and pay for all substitute 
20    teacher positions;
21        (2) prioritizes existing substitute teachers over 
22    substitute teachers from recruiting firms;
23        (3) files copies of all substitute teacher contracts 
24    with the State Board of Education; and
25        (4) requires that the substitute teacher recruiting 
26    firm file an annual report with the school district that 
 
 
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1    would include the number of substitute teachers that were 
2    placed in the district, the total cost of the contract to 
3    the district, and the percentage of substitute teacher 
4    openings that were filled.
5    (d) A substitute teacher recruiting firm may enter into an 
6agreement with a labor organization that has a collective 
7bargaining agreement with a school district. 

8(Source: P.A. 100-813, eff. 8-13-18; 101-81, eff. 7-12-19.)