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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 15-155 and 16-158 as follows:
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6 | (40 ILCS 5/15-155) (from Ch. 108 1/2, par. 15-155)
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7 | Sec. 15-155. Employer contributions.
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8 | (a) The State of Illinois shall make contributions by | ||||||
9 | appropriations of
amounts which, together with the other | ||||||
10 | employer contributions from trust,
federal, and other funds, | ||||||
11 | employee contributions, income from investments,
and other | ||||||
12 | income of this System, will be sufficient to meet the cost of
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13 | maintaining and administering the System on a 90% funded basis | ||||||
14 | in accordance
with actuarial recommendations.
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15 | The Board shall determine the amount of State contributions | ||||||
16 | required for
each fiscal year on the basis of the actuarial | ||||||
17 | tables and other assumptions
adopted by the Board and the | ||||||
18 | recommendations of the actuary, using the formula
in subsection | ||||||
19 | (a-1).
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20 | (a-1) For State fiscal years 2012 through 2045, the minimum | ||||||
21 | contribution
to the System to be made by the State for each | ||||||
22 | fiscal year shall be an amount
determined by the System to be | ||||||
23 | sufficient to bring the total assets of the
System up to 90% of |
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1 | the total actuarial liabilities of the System by the end of
| ||||||
2 | State fiscal year 2045. In making these determinations, the | ||||||
3 | required State
contribution shall be calculated each year as a | ||||||
4 | level percentage of payroll
over the years remaining to and | ||||||
5 | including fiscal year 2045 and shall be
determined under the | ||||||
6 | projected unit credit actuarial cost method.
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7 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
8 | State shall make an additional contribution to the System equal | ||||||
9 | to 2% of the total payroll of each employee who is deemed to | ||||||
10 | have elected the benefits under Section 1-161 or who has made | ||||||
11 | the election under subsection (c) of Section 1-161. | ||||||
12 | A change in an actuarial or investment assumption that | ||||||
13 | increases or
decreases the required State contribution and | ||||||
14 | first
applies in State fiscal year 2018 or thereafter shall be
| ||||||
15 | implemented in equal annual amounts over a 5-year period
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16 | beginning in the State fiscal year in which the actuarial
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17 | change first applies to the required State contribution. | ||||||
18 | A change in an actuarial or investment assumption that | ||||||
19 | increases or
decreases the required State contribution and | ||||||
20 | first
applied to the State contribution in fiscal year 2014, | ||||||
21 | 2015, 2016, or 2017 shall be
implemented: | ||||||
22 | (i) as already applied in State fiscal years before | ||||||
23 | 2018; and | ||||||
24 | (ii) in the portion of the 5-year period beginning in | ||||||
25 | the State fiscal year in which the actuarial
change first | ||||||
26 | applied that occurs in State fiscal year 2018 or |
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1 | thereafter, by calculating the change in equal annual | ||||||
2 | amounts over that 5-year period and then implementing it at | ||||||
3 | the resulting annual rate in each of the remaining fiscal | ||||||
4 | years in that 5-year period. | ||||||
5 | For State fiscal years 1996 through 2005, the State | ||||||
6 | contribution to
the System, as a percentage of the applicable | ||||||
7 | employee payroll, shall be
increased in equal annual increments | ||||||
8 | so that by State fiscal year 2011, the
State is contributing at | ||||||
9 | the rate required under this Section.
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10 | Notwithstanding any other provision of this Article, the | ||||||
11 | total required State
contribution for State fiscal year 2006 is | ||||||
12 | $166,641,900.
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13 | Notwithstanding any other provision of this Article, the | ||||||
14 | total required State
contribution for State fiscal year 2007 is | ||||||
15 | $252,064,100.
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16 | For each of State fiscal years 2008 through 2009, the State | ||||||
17 | contribution to
the System, as a percentage of the applicable | ||||||
18 | employee payroll, shall be
increased in equal annual increments | ||||||
19 | from the required State contribution for State fiscal year | ||||||
20 | 2007, so that by State fiscal year 2011, the
State is | ||||||
21 | contributing at the rate otherwise required under this Section.
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22 | Notwithstanding any other provision of this Article, the | ||||||
23 | total required State contribution for State fiscal year 2010 is | ||||||
24 | $702,514,000 and shall be made from the State Pensions Fund and | ||||||
25 | proceeds of bonds sold in fiscal year 2010 pursuant to Section | ||||||
26 | 7.2 of the General Obligation Bond Act, less (i) the pro rata |
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1 | share of bond sale expenses determined by the System's share of | ||||||
2 | total bond proceeds, (ii) any amounts received from the General | ||||||
3 | Revenue Fund in fiscal year 2010, (iii) any reduction in bond | ||||||
4 | proceeds due to the issuance of discounted bonds, if | ||||||
5 | applicable. | ||||||
6 | Notwithstanding any other provision of this Article, the
| ||||||
7 | total required State contribution for State fiscal year 2011 is
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8 | the amount recertified by the System on or before April 1, 2011 | ||||||
9 | pursuant to Section 15-165 and shall be made from the State | ||||||
10 | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 | ||||||
11 | pursuant to Section
7.2 of the General Obligation Bond Act, | ||||||
12 | less (i) the pro rata
share of bond sale expenses determined by | ||||||
13 | the System's share of
total bond proceeds, (ii) any amounts | ||||||
14 | received from the General
Revenue Fund in fiscal year 2011, and | ||||||
15 | (iii) any reduction in bond
proceeds due to the issuance of | ||||||
16 | discounted bonds, if
applicable. | ||||||
17 | Beginning in State fiscal year 2046, the minimum State | ||||||
18 | contribution for
each fiscal year shall be the amount needed to | ||||||
19 | maintain the total assets of
the System at 90% of the total | ||||||
20 | actuarial liabilities of the System.
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21 | Amounts received by the System pursuant to Section 25 of | ||||||
22 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
23 | Finance Act in any fiscal year do not reduce and do not | ||||||
24 | constitute payment of any portion of the minimum State | ||||||
25 | contribution required under this Article in that fiscal year. | ||||||
26 | Such amounts shall not reduce, and shall not be included in the |
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1 | calculation of, the required State contributions under this | ||||||
2 | Article in any future year until the System has reached a | ||||||
3 | funding ratio of at least 90%. A reference in this Article to | ||||||
4 | the "required State contribution" or any substantially similar | ||||||
5 | term does not include or apply to any amounts payable to the | ||||||
6 | System under Section 25 of the Budget Stabilization Act. | ||||||
7 | Notwithstanding any other provision of this Section, the | ||||||
8 | required State
contribution for State fiscal year 2005 and for | ||||||
9 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
10 | under this Section and
certified under Section 15-165, shall | ||||||
11 | not exceed an amount equal to (i) the
amount of the required | ||||||
12 | State contribution that would have been calculated under
this | ||||||
13 | Section for that fiscal year if the System had not received any | ||||||
14 | payments
under subsection (d) of Section 7.2 of the General | ||||||
15 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
16 | total debt service payments for that fiscal
year on the bonds | ||||||
17 | issued in fiscal year 2003 for the purposes of that Section | ||||||
18 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
19 | the same as the System's portion of
the total moneys | ||||||
20 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
21 | Obligation Bond Act. In determining this maximum for State | ||||||
22 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
23 | in item (i) shall be increased, as a percentage of the | ||||||
24 | applicable employee payroll, in equal increments calculated | ||||||
25 | from the sum of the required State contribution for State | ||||||
26 | fiscal year 2007 plus the applicable portion of the State's |
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1 | total debt service payments for fiscal year 2007 on the bonds | ||||||
2 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
3 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
4 | 2011, the
State is contributing at the rate otherwise required | ||||||
5 | under this Section.
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6 | (a-2) Beginning in fiscal year 2018, each employer under | ||||||
7 | this Article shall pay to the System a required contribution | ||||||
8 | determined as a percentage of projected payroll and sufficient | ||||||
9 | to produce an annual amount equal to: | ||||||
10 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
11 | defined benefit normal cost of the defined benefit plan, | ||||||
12 | less the employee contribution, for each employee of that | ||||||
13 | employer who has elected or who is deemed to have elected | ||||||
14 | the benefits under Section 1-161 or who has made the | ||||||
15 | election under subsection (c) of Section 1-161; for fiscal | ||||||
16 | year 2021 and each fiscal year thereafter, the defined | ||||||
17 | benefit normal cost of the defined benefit plan, less the | ||||||
18 | employee contribution, plus 2%, for each employee of that | ||||||
19 | employer who has elected or who is deemed to have elected | ||||||
20 | the benefits under Section 1-161 or who has made the | ||||||
21 | election under subsection (c) of Section 1-161; plus | ||||||
22 | (ii) the amount required for that fiscal year to | ||||||
23 | amortize any unfunded actuarial accrued liability | ||||||
24 | associated with the present value of liabilities | ||||||
25 | attributable to the employer's account under Section | ||||||
26 | 15-155.2, determined
as a level percentage of payroll over |
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1 | a 30-year rolling amortization period. | ||||||
2 | In determining contributions required under item (i) of | ||||||
3 | this subsection, the System shall determine an aggregate rate | ||||||
4 | for all employers, expressed as a percentage of projected | ||||||
5 | payroll. | ||||||
6 | In determining the contributions required under item (ii) | ||||||
7 | of this subsection, the amount shall be computed by the System | ||||||
8 | on the basis of the actuarial assumptions and tables used in | ||||||
9 | the most recent actuarial valuation of the System that is | ||||||
10 | available at the time of the computation. | ||||||
11 | The contributions required under this subsection (a-2) | ||||||
12 | shall be paid by an employer concurrently with that employer's | ||||||
13 | payroll payment period. The State, as the actual employer of an | ||||||
14 | employee, shall make the required contributions under this | ||||||
15 | subsection. | ||||||
16 | As used in this subsection, "academic year" means the | ||||||
17 | 12-month period beginning September 1. | ||||||
18 | (b) If an employee is paid from trust or federal funds, the | ||||||
19 | employer
shall pay to the Board contributions from those funds | ||||||
20 | which are
sufficient to cover the accruing normal costs on | ||||||
21 | behalf of the employee.
However, universities having employees | ||||||
22 | who are compensated out of local
auxiliary funds, income funds, | ||||||
23 | or service enterprise funds are not required
to pay such | ||||||
24 | contributions on behalf of those employees. The local auxiliary
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25 | funds, income funds, and service enterprise funds of | ||||||
26 | universities shall not be
considered trust funds for the |
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1 | purpose of this Article, but funds of alumni
associations, | ||||||
2 | foundations, and athletic associations which are affiliated | ||||||
3 | with
the universities included as employers under this Article | ||||||
4 | and other employers
which do not receive State appropriations | ||||||
5 | are considered to be trust funds for
the purpose of this | ||||||
6 | Article.
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7 | (b-1) The City of Urbana and the City of Champaign shall | ||||||
8 | each make
employer contributions to this System for their | ||||||
9 | respective firefighter
employees who participate in this | ||||||
10 | System pursuant to subsection (h) of Section
15-107. The rate | ||||||
11 | of contributions to be made by those municipalities shall
be | ||||||
12 | determined annually by the Board on the basis of the actuarial | ||||||
13 | assumptions
adopted by the Board and the recommendations of the | ||||||
14 | actuary, and shall be
expressed as a percentage of salary for | ||||||
15 | each such employee. The Board shall
certify the rate to the | ||||||
16 | affected municipalities as soon as may be practical.
The | ||||||
17 | employer contributions required under this subsection shall be | ||||||
18 | remitted by
the municipality to the System at the same time and | ||||||
19 | in the same manner as
employee contributions.
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20 | (c) Through State fiscal year 1995: The total employer | ||||||
21 | contribution shall
be apportioned among the various funds of | ||||||
22 | the State and other employers,
whether trust, federal, or other | ||||||
23 | funds, in accordance with actuarial procedures
approved by the | ||||||
24 | Board. State of Illinois contributions for employers receiving
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25 | State appropriations for personal services shall be payable | ||||||
26 | from appropriations
made to the employers or to the System. The |
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1 | contributions for Class I
community colleges covering earnings | ||||||
2 | other than those paid from trust and
federal funds, shall be | ||||||
3 | payable solely from appropriations to the Illinois
Community | ||||||
4 | College Board or the System for employer contributions.
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5 | (d) Beginning in State fiscal year 1996, the required State | ||||||
6 | contributions
to the System shall be appropriated directly to | ||||||
7 | the System and shall be payable
through vouchers issued in | ||||||
8 | accordance with subsection (c) of Section 15-165, except as | ||||||
9 | provided in subsection (g).
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10 | (e) The State Comptroller shall draw warrants payable to | ||||||
11 | the System upon
proper certification by the System or by the | ||||||
12 | employer in accordance with the
appropriation laws and this | ||||||
13 | Code.
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14 | (f) Normal costs under this Section means liability for
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15 | pensions and other benefits which accrues to the System because | ||||||
16 | of the
credits earned for service rendered by the participants | ||||||
17 | during the
fiscal year and expenses of administering the | ||||||
18 | System, but shall not
include the principal of or any | ||||||
19 | redemption premium or interest on any bonds
issued by the Board | ||||||
20 | or any expenses incurred or deposits required in
connection | ||||||
21 | therewith.
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22 | (g) If For academic years beginning on or after June 1, | ||||||
23 | 2005 and before July 1, 2018 and for earnings paid to a | ||||||
24 | participant under a contract or collective bargaining | ||||||
25 | agreement entered into, amended, or renewed before the | ||||||
26 | effective date of this amendatory Act of the 100th General |
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1 | Assembly, if the amount of a participant's earnings for any | ||||||
2 | academic year used to determine the final rate of earnings, | ||||||
3 | determined on a full-time equivalent basis, exceeds the amount | ||||||
4 | of his or her earnings with the same employer for the previous | ||||||
5 | academic year, determined on a full-time equivalent basis, by | ||||||
6 | more than 6%, the participant's employer shall pay to the | ||||||
7 | System, in addition to all other payments required under this | ||||||
8 | Section and in accordance with guidelines established by the | ||||||
9 | System, the present value of the increase in benefits resulting | ||||||
10 | from the portion of the increase in earnings that is in excess | ||||||
11 | of 6%. This present value shall be computed by the System on | ||||||
12 | the basis of the actuarial assumptions and tables used in the | ||||||
13 | most recent actuarial valuation of the System that is available | ||||||
14 | at the time of the computation. The System may require the | ||||||
15 | employer to provide any pertinent information or | ||||||
16 | documentation. | ||||||
17 | Whenever it determines that a payment is or may be required | ||||||
18 | under this subsection (g), the System shall calculate the | ||||||
19 | amount of the payment and bill the employer for that amount. | ||||||
20 | The bill shall specify the calculations used to determine the | ||||||
21 | amount due. If the employer disputes the amount of the bill, it | ||||||
22 | may, within 30 days after receipt of the bill, apply to the | ||||||
23 | System in writing for a recalculation. The application must | ||||||
24 | specify in detail the grounds of the dispute and, if the | ||||||
25 | employer asserts that the calculation is subject to subsection | ||||||
26 | (h) or (i) of this Section or that subsection (g-1) applies , |
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1 | must include an affidavit setting forth and attesting to all | ||||||
2 | facts within the employer's knowledge that are pertinent to the | ||||||
3 | applicability of that subsection. Upon receiving a timely | ||||||
4 | application for recalculation, the System shall review the | ||||||
5 | application and, if appropriate, recalculate the amount due.
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6 | The employer contributions required under this subsection | ||||||
7 | (g) may be paid in the form of a lump sum within 90 days after | ||||||
8 | receipt of the bill. If the employer contributions are not paid | ||||||
9 | within 90 days after receipt of the bill, then interest will be | ||||||
10 | charged at a rate equal to the System's annual actuarially | ||||||
11 | assumed rate of return on investment compounded annually from | ||||||
12 | the 91st day after receipt of the bill. Payments must be | ||||||
13 | concluded within 3 years after the employer's receipt of the | ||||||
14 | bill. | ||||||
15 | When assessing payment for any amount due under this | ||||||
16 | subsection (g), the System shall include earnings, to the | ||||||
17 | extent not established by a participant under Section 15-113.11 | ||||||
18 | or 15-113.12, that would have been paid to the participant had | ||||||
19 | the participant not taken (i) periods of voluntary or | ||||||
20 | involuntary furlough occurring on or after July 1, 2015 and on | ||||||
21 | or before June 30, 2017 or (ii) periods of voluntary pay | ||||||
22 | reduction in lieu of furlough occurring on or after July 1, | ||||||
23 | 2015 and on or before June 30, 2017. Determining earnings that | ||||||
24 | would have been paid to a participant had the participant not | ||||||
25 | taken periods of voluntary or involuntary furlough or periods | ||||||
26 | of voluntary pay reduction shall be the responsibility of the |
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1 | employer, and shall be reported in a manner prescribed by the | ||||||
2 | System. | ||||||
3 | This subsection (g) does not apply to (1) Tier 2 hybrid | ||||||
4 | plan members and (2) Tier 2 defined benefit members who first | ||||||
5 | participate under this Article on or after the implementation | ||||||
6 | date of the Optional Hybrid Plan. | ||||||
7 | (g-1) (Blank). For academic years beginning on or after | ||||||
8 | July 1, 2018 and for earnings paid to a participant under a | ||||||
9 | contract or collective bargaining agreement entered into, | ||||||
10 | amended, or renewed on or after the effective date of this | ||||||
11 | amendatory Act of the 100th General Assembly , if the amount of | ||||||
12 | a participant's earnings for any academic year used to | ||||||
13 | determine the final rate of earnings, determined on a full-time | ||||||
14 | equivalent basis, exceeds the amount of his or her earnings | ||||||
15 | with the same employer for the previous academic year, | ||||||
16 | determined on a full-time equivalent basis, by more than 3%, | ||||||
17 | then the participant's employer shall pay to the System, in | ||||||
18 | addition to all other payments required under this Section and | ||||||
19 | in accordance with guidelines established by the System, the | ||||||
20 | present value of the increase in benefits resulting from the | ||||||
21 | portion of the increase in earnings that is in excess of 3%. | ||||||
22 | This present value shall be computed by the System on the basis | ||||||
23 | of the actuarial assumptions and tables used in the most recent | ||||||
24 | actuarial valuation of the System that is available at the time | ||||||
25 | of the computation. The System may require the employer to | ||||||
26 | provide any pertinent information or documentation. |
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1 | Whenever it determines that a payment is or may be required | ||||||
2 | under this subsection (g-1), the System shall calculate the | ||||||
3 | amount of the payment and bill the employer for that amount. | ||||||
4 | The bill shall specify the calculations used to determine the | ||||||
5 | amount due. If the employer disputes the amount of the bill, it | ||||||
6 | may, within 30 days after receipt of the bill, apply to the | ||||||
7 | System in writing for a recalculation. The application must | ||||||
8 | specify in detail the grounds of the dispute and, if the | ||||||
9 | employer asserts that subsection (g) of this Section applies, | ||||||
10 | must include an affidavit setting forth and attesting to all | ||||||
11 | facts within the employer's knowledge that are pertinent to the | ||||||
12 | applicability of subsection (g). Upon receiving a timely | ||||||
13 | application for recalculation, the System shall review the | ||||||
14 | application and, if appropriate, recalculate the amount due. | ||||||
15 | The employer contributions required under this subsection | ||||||
16 | (g-1) may be paid in the form of a lump sum within 90 days after | ||||||
17 | receipt of the bill. If the employer contributions are not paid | ||||||
18 | within 90 days after receipt of the bill, then interest shall | ||||||
19 | be charged at a rate equal to the System's annual actuarially | ||||||
20 | assumed rate of return on investment compounded annually from | ||||||
21 | the 91st day after receipt of the bill. Payments must be | ||||||
22 | concluded within 3 years after the employer's receipt of the | ||||||
23 | bill. | ||||||
24 | This subsection (g-1) does not apply to (1) Tier 2 hybrid | ||||||
25 | plan members and (2) Tier 2 defined benefit members who first | ||||||
26 | participate under this Article on or after the implementation |
| |||||||
| |||||||
1 | date of the Optional Hybrid Plan. | ||||||
2 | (h) This subsection (h) applies only to payments made or | ||||||
3 | salary increases given on or after June 1, 2005 but before July | ||||||
4 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
5 | require the System to refund any payments received before July | ||||||
6 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
7 | When assessing payment for any amount due under subsection | ||||||
8 | (g), the System shall exclude earnings increases paid to | ||||||
9 | participants under contracts or collective bargaining | ||||||
10 | agreements entered into, amended, or renewed before June 1, | ||||||
11 | 2005.
| ||||||
12 | When assessing payment for any amount due under subsection | ||||||
13 | (g), the System shall exclude earnings increases paid to a | ||||||
14 | participant at a time when the participant is 10 or more years | ||||||
15 | from retirement eligibility under Section 15-135.
| ||||||
16 | When assessing payment for any amount due under subsection | ||||||
17 | (g), the System shall exclude earnings increases resulting from | ||||||
18 | overload work, including a contract for summer teaching, or | ||||||
19 | overtime when the employer has certified to the System, and the | ||||||
20 | System has approved the certification, that: (i) in the case of | ||||||
21 | overloads (A) the overload work is for the sole purpose of | ||||||
22 | academic instruction in excess of the standard number of | ||||||
23 | instruction hours for a full-time employee occurring during the | ||||||
24 | academic year that the overload is paid and (B) the earnings | ||||||
25 | increases are equal to or less than the rate of pay for | ||||||
26 | academic instruction computed using the participant's current |
| |||||||
| |||||||
1 | salary rate and work schedule; and (ii) in the case of | ||||||
2 | overtime, the overtime was necessary for the educational | ||||||
3 | mission. | ||||||
4 | When assessing payment for any amount due under subsection | ||||||
5 | (g), the System shall exclude any earnings increase resulting | ||||||
6 | from (i) a promotion for which the employee moves from one | ||||||
7 | classification to a higher classification under the State | ||||||
8 | Universities Civil Service System, (ii) a promotion in academic | ||||||
9 | rank for a tenured or tenure-track faculty position, or (iii) a | ||||||
10 | promotion that the Illinois Community College Board has | ||||||
11 | recommended in accordance with subsection (k) of this Section. | ||||||
12 | These earnings increases shall be excluded only if the | ||||||
13 | promotion is to a position that has existed and been filled by | ||||||
14 | a member for no less than one complete academic year and the | ||||||
15 | earnings increase as a result of the promotion is an increase | ||||||
16 | that results in an amount no greater than the average salary | ||||||
17 | paid for other similar positions. | ||||||
18 | (i) When assessing payment for any amount due under | ||||||
19 | subsection (g), the System shall exclude any salary increase | ||||||
20 | described in subsection (h) of this Section given on or after | ||||||
21 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
22 | collective bargaining agreement entered into, amended, or | ||||||
23 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
24 | Notwithstanding any other provision of this Section, any | ||||||
25 | payments made or salary increases given after June 30, 2014 | ||||||
26 | shall be used in assessing payment for any amount due under |
| |||||||
| |||||||
1 | subsection (g) of this Section.
| ||||||
2 | (j) The System shall prepare a report and file copies of | ||||||
3 | the report with the Governor and the General Assembly by | ||||||
4 | January 1, 2007 that contains all of the following information: | ||||||
5 | (1) The number of recalculations required by the | ||||||
6 | changes made to this Section by Public Act 94-1057 for each | ||||||
7 | employer. | ||||||
8 | (2) The dollar amount by which each employer's | ||||||
9 | contribution to the System was changed due to | ||||||
10 | recalculations required by Public Act 94-1057. | ||||||
11 | (3) The total amount the System received from each | ||||||
12 | employer as a result of the changes made to this Section by | ||||||
13 | Public Act 94-4. | ||||||
14 | (4) The increase in the required State contribution | ||||||
15 | resulting from the changes made to this Section by Public | ||||||
16 | Act 94-1057. | ||||||
17 | (j-5) For State fiscal years beginning on or after July 1, | ||||||
18 | 2017, if the amount of a participant's earnings for any State | ||||||
19 | fiscal year exceeds the amount of the salary set by law for the | ||||||
20 | Governor that is in effect on July 1 of that fiscal year, the | ||||||
21 | participant's employer shall pay to the System, in addition to | ||||||
22 | all other payments required under this Section and in | ||||||
23 | accordance with guidelines established by the System, an amount | ||||||
24 | determined by the System to be equal to the employer normal | ||||||
25 | cost, as established by the System and expressed as a total | ||||||
26 | percentage of payroll, multiplied by the amount of earnings in |
| |||||||
| |||||||
1 | excess of the amount of the salary set by law for the Governor. | ||||||
2 | This amount shall be computed by the System on the basis of the | ||||||
3 | actuarial assumptions and tables used in the most recent | ||||||
4 | actuarial valuation of the System that is available at the time | ||||||
5 | of the computation. The System may require the employer to | ||||||
6 | provide any pertinent information or documentation. | ||||||
7 | Whenever it determines that a payment is or may be required | ||||||
8 | under this subsection, the System shall calculate the amount of | ||||||
9 | the payment and bill the employer for that amount. The bill | ||||||
10 | shall specify the calculation used to determine the amount due. | ||||||
11 | If the employer disputes the amount of the bill, it may, within | ||||||
12 | 30 days after receipt of the bill, apply to the System in | ||||||
13 | writing for a recalculation. The application must specify in | ||||||
14 | detail the grounds of the dispute. Upon receiving a timely | ||||||
15 | application for recalculation, the System shall review the | ||||||
16 | application and, if appropriate, recalculate the amount due. | ||||||
17 | The employer contributions required under this subsection | ||||||
18 | may be paid in the form of a lump sum within 90 days after | ||||||
19 | issuance of the bill. If the employer contributions are not | ||||||
20 | paid within 90 days after issuance of the bill, then interest | ||||||
21 | will be charged at a rate equal to the System's annual | ||||||
22 | actuarially assumed rate of return on investment compounded | ||||||
23 | annually from the 91st day after issuance of the bill. All | ||||||
24 | payments must be received within 3 years after issuance of the | ||||||
25 | bill. If the employer fails to make complete payment, including | ||||||
26 | applicable interest, within 3 years, then the System may, after |
| |||||||
| |||||||
1 | giving notice to the employer, certify the delinquent amount to | ||||||
2 | the State Comptroller, and the Comptroller shall thereupon | ||||||
3 | deduct the certified delinquent amount from State funds payable | ||||||
4 | to the employer and pay them instead to the System. | ||||||
5 | This subsection (j-5) does not apply to a participant's | ||||||
6 | earnings to the extent an employer pays the employer normal | ||||||
7 | cost of such earnings. | ||||||
8 | The changes made to this subsection (j-5) by Public Act | ||||||
9 | 100-624 this amendatory Act of the 100th General Assembly are | ||||||
10 | intended to apply retroactively to July 6, 2017 (the effective | ||||||
11 | date of Public Act 100-23). | ||||||
12 | (k) The Illinois Community College Board shall adopt rules | ||||||
13 | for recommending lists of promotional positions submitted to | ||||||
14 | the Board by community colleges and for reviewing the | ||||||
15 | promotional lists on an annual basis. When recommending | ||||||
16 | promotional lists, the Board shall consider the similarity of | ||||||
17 | the positions submitted to those positions recognized for State | ||||||
18 | universities by the State Universities Civil Service System. | ||||||
19 | The Illinois Community College Board shall file a copy of its | ||||||
20 | findings with the System. The System shall consider the | ||||||
21 | findings of the Illinois Community College Board when making | ||||||
22 | determinations under this Section. The System shall not exclude | ||||||
23 | any earnings increases resulting from a promotion when the | ||||||
24 | promotion was not submitted by a community college. Nothing in | ||||||
25 | this subsection (k) shall require any community college to | ||||||
26 | submit any information to the Community College Board.
|
| |||||||
| |||||||
1 | (l) For purposes of determining the required State | ||||||
2 | contribution to the System, the value of the System's assets | ||||||
3 | shall be equal to the actuarial value of the System's assets, | ||||||
4 | which shall be calculated as follows: | ||||||
5 | As of June 30, 2008, the actuarial value of the System's | ||||||
6 | assets shall be equal to the market value of the assets as of | ||||||
7 | that date. In determining the actuarial value of the System's | ||||||
8 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
9 | gains or losses from investment return incurred in a fiscal | ||||||
10 | year shall be recognized in equal annual amounts over the | ||||||
11 | 5-year period following that fiscal year. | ||||||
12 | (m) For purposes of determining the required State | ||||||
13 | contribution to the system for a particular year, the actuarial | ||||||
14 | value of assets shall be assumed to earn a rate of return equal | ||||||
15 | to the system's actuarially assumed rate of return. | ||||||
16 | (Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17; | ||||||
17 | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
| ||||||
18 | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
| ||||||
19 | Sec. 16-158. Contributions by State and other employing | ||||||
20 | units.
| ||||||
21 | (a) The State shall make contributions to the System by | ||||||
22 | means of
appropriations from the Common School Fund and other | ||||||
23 | State funds of amounts
which, together with other employer | ||||||
24 | contributions, employee contributions,
investment income, and | ||||||
25 | other income, will be sufficient to meet the cost of
|
| |||||||
| |||||||
1 | maintaining and administering the System on a 90% funded basis | ||||||
2 | in accordance
with actuarial recommendations.
| ||||||
3 | The Board shall determine the amount of State contributions | ||||||
4 | required for
each fiscal year on the basis of the actuarial | ||||||
5 | tables and other assumptions
adopted by the Board and the | ||||||
6 | recommendations of the actuary, using the formula
in subsection | ||||||
7 | (b-3).
| ||||||
8 | (a-1) Annually, on or before November 15 until November 15, | ||||||
9 | 2011, the Board shall certify to the
Governor the amount of the | ||||||
10 | required State contribution for the coming fiscal
year. The | ||||||
11 | certification under this subsection (a-1) shall include a copy | ||||||
12 | of the actuarial recommendations
upon which it is based and | ||||||
13 | shall specifically identify the System's projected State | ||||||
14 | normal cost for that fiscal year.
| ||||||
15 | On or before May 1, 2004, the Board shall recalculate and | ||||||
16 | recertify to
the Governor the amount of the required State | ||||||
17 | contribution to the System for
State fiscal year 2005, taking | ||||||
18 | into account the amounts appropriated to and
received by the | ||||||
19 | System under subsection (d) of Section 7.2 of the General
| ||||||
20 | Obligation Bond Act.
| ||||||
21 | On or before July 1, 2005, the Board shall recalculate and | ||||||
22 | recertify
to the Governor the amount of the required State
| ||||||
23 | contribution to the System for State fiscal year 2006, taking | ||||||
24 | into account the changes in required State contributions made | ||||||
25 | by Public Act 94-4.
| ||||||
26 | On or before April 1, 2011, the Board shall recalculate and |
| |||||||
| |||||||
1 | recertify to the Governor the amount of the required State | ||||||
2 | contribution to the System for State fiscal year 2011, applying | ||||||
3 | the changes made by Public Act 96-889 to the System's assets | ||||||
4 | and liabilities as of June 30, 2009 as though Public Act 96-889 | ||||||
5 | was approved on that date. | ||||||
6 | (a-5) On or before November 1 of each year, beginning | ||||||
7 | November 1, 2012, the Board shall submit to the State Actuary, | ||||||
8 | the Governor, and the General Assembly a proposed certification | ||||||
9 | of the amount of the required State contribution to the System | ||||||
10 | for the next fiscal year, along with all of the actuarial | ||||||
11 | assumptions, calculations, and data upon which that proposed | ||||||
12 | certification is based. On or before January 1 of each year, | ||||||
13 | beginning January 1, 2013, the State Actuary shall issue a | ||||||
14 | preliminary report concerning the proposed certification and | ||||||
15 | identifying, if necessary, recommended changes in actuarial | ||||||
16 | assumptions that the Board must consider before finalizing its | ||||||
17 | certification of the required State contributions. On or before | ||||||
18 | January 15, 2013 and each January 15 thereafter, the Board | ||||||
19 | shall certify to the Governor and the General Assembly the | ||||||
20 | amount of the required State contribution for the next fiscal | ||||||
21 | year. The Board's certification must note any deviations from | ||||||
22 | the State Actuary's recommended changes, the reason or reasons | ||||||
23 | for not following the State Actuary's recommended changes, and | ||||||
24 | the fiscal impact of not following the State Actuary's | ||||||
25 | recommended changes on the required State contribution. | ||||||
26 | (a-10) By November 1, 2017, the Board shall recalculate and |
| |||||||
| |||||||
1 | recertify to the State Actuary, the Governor, and the General | ||||||
2 | Assembly the amount of the State contribution to the System for | ||||||
3 | State fiscal year 2018, taking into account the changes in | ||||||
4 | required State contributions made by Public Act 100-23. The | ||||||
5 | State Actuary shall review the assumptions and valuations | ||||||
6 | underlying the Board's revised certification and issue a | ||||||
7 | preliminary report concerning the proposed recertification and | ||||||
8 | identifying, if necessary, recommended changes in actuarial | ||||||
9 | assumptions that the Board must consider before finalizing its | ||||||
10 | certification of the required State contributions. The Board's | ||||||
11 | final certification must note any deviations from the State | ||||||
12 | Actuary's recommended changes, the reason or reasons for not | ||||||
13 | following the State Actuary's recommended changes, and the | ||||||
14 | fiscal impact of not following the State Actuary's recommended | ||||||
15 | changes on the required State contribution. | ||||||
16 | (a-15) On or after June 15, 2019, but no later than June | ||||||
17 | 30, 2019, the Board shall recalculate and recertify to the | ||||||
18 | Governor and the General Assembly the amount of the State | ||||||
19 | contribution to the System for State fiscal year 2019, taking | ||||||
20 | into account the changes in required State contributions made | ||||||
21 | by Public Act 100-587 this amendatory Act of the 100th General | ||||||
22 | Assembly . The recalculation shall be made using assumptions | ||||||
23 | adopted by the Board for the original fiscal year 2019 | ||||||
24 | certification. The monthly voucher for the 12th month of fiscal | ||||||
25 | year 2019 shall be paid by the Comptroller after the | ||||||
26 | recertification required pursuant to this subsection is |
| |||||||
| |||||||
1 | submitted to the Governor, Comptroller, and General Assembly. | ||||||
2 | The recertification submitted to the General Assembly shall be | ||||||
3 | filed with the Clerk of the House of Representatives and the | ||||||
4 | Secretary of the Senate in electronic form only, in the manner | ||||||
5 | that the Clerk and the Secretary shall direct. | ||||||
6 | (b) Through State fiscal year 1995, the State contributions | ||||||
7 | shall be
paid to the System in accordance with Section 18-7 of | ||||||
8 | the School Code.
| ||||||
9 | (b-1) Beginning in State fiscal year 1996, on the 15th day | ||||||
10 | of each month,
or as soon thereafter as may be practicable, the | ||||||
11 | Board shall submit vouchers
for payment of State contributions | ||||||
12 | to the System, in a total monthly amount of
one-twelfth of the | ||||||
13 | required annual State contribution certified under
subsection | ||||||
14 | (a-1).
From March 5, 2004 (the
effective date of Public Act | ||||||
15 | 93-665)
through June 30, 2004, the Board shall not submit | ||||||
16 | vouchers for the
remainder of fiscal year 2004 in excess of the | ||||||
17 | fiscal year 2004
certified contribution amount determined | ||||||
18 | under this Section
after taking into consideration the transfer | ||||||
19 | to the System
under subsection (a) of Section 6z-61 of the | ||||||
20 | State Finance Act.
These vouchers shall be paid by the State | ||||||
21 | Comptroller and
Treasurer by warrants drawn on the funds | ||||||
22 | appropriated to the System for that
fiscal year.
| ||||||
23 | If in any month the amount remaining unexpended from all | ||||||
24 | other appropriations
to the System for the applicable fiscal | ||||||
25 | year (including the appropriations to
the System under Section | ||||||
26 | 8.12 of the State Finance Act and Section 1 of the
State |
| |||||||
| |||||||
1 | Pension Funds Continuing Appropriation Act) is less than the | ||||||
2 | amount
lawfully vouchered under this subsection, the | ||||||
3 | difference shall be paid from the
Common School Fund under the | ||||||
4 | continuing appropriation authority provided in
Section 1.1 of | ||||||
5 | the State Pension Funds Continuing Appropriation Act.
| ||||||
6 | (b-2) Allocations from the Common School Fund apportioned | ||||||
7 | to school
districts not coming under this System shall not be | ||||||
8 | diminished or affected by
the provisions of this Article.
| ||||||
9 | (b-3) For State fiscal years 2012 through 2045, the minimum | ||||||
10 | contribution
to the System to be made by the State for each | ||||||
11 | fiscal year shall be an amount
determined by the System to be | ||||||
12 | sufficient to bring the total assets of the
System up to 90% of | ||||||
13 | the total actuarial liabilities of the System by the end of
| ||||||
14 | State fiscal year 2045. In making these determinations, the | ||||||
15 | required State
contribution shall be calculated each year as a | ||||||
16 | level percentage of payroll
over the years remaining to and | ||||||
17 | including fiscal year 2045 and shall be
determined under the | ||||||
18 | projected unit credit actuarial cost method.
| ||||||
19 | For each of State fiscal years 2018, 2019, and 2020, the | ||||||
20 | State shall make an additional contribution to the System equal | ||||||
21 | to 2% of the total payroll of each employee who is deemed to | ||||||
22 | have elected the benefits under Section 1-161 or who has made | ||||||
23 | the election under subsection (c) of Section 1-161. | ||||||
24 | A change in an actuarial or investment assumption that | ||||||
25 | increases or
decreases the required State contribution and | ||||||
26 | first
applies in State fiscal year 2018 or thereafter shall be
|
| |||||||
| |||||||
1 | implemented in equal annual amounts over a 5-year period
| ||||||
2 | beginning in the State fiscal year in which the actuarial
| ||||||
3 | change first applies to the required State contribution. | ||||||
4 | A change in an actuarial or investment assumption that | ||||||
5 | increases or
decreases the required State contribution and | ||||||
6 | first
applied to the State contribution in fiscal year 2014, | ||||||
7 | 2015, 2016, or 2017 shall be
implemented: | ||||||
8 | (i) as already applied in State fiscal years before | ||||||
9 | 2018; and | ||||||
10 | (ii) in the portion of the 5-year period beginning in | ||||||
11 | the State fiscal year in which the actuarial
change first | ||||||
12 | applied that occurs in State fiscal year 2018 or | ||||||
13 | thereafter, by calculating the change in equal annual | ||||||
14 | amounts over that 5-year period and then implementing it at | ||||||
15 | the resulting annual rate in each of the remaining fiscal | ||||||
16 | years in that 5-year period. | ||||||
17 | For State fiscal years 1996 through 2005, the State | ||||||
18 | contribution to the
System, as a percentage of the applicable | ||||||
19 | employee payroll, shall be increased
in equal annual increments | ||||||
20 | so that by State fiscal year 2011, the State is
contributing at | ||||||
21 | the rate required under this Section; except that in the
| ||||||
22 | following specified State fiscal years, the State contribution | ||||||
23 | to the System
shall not be less than the following indicated | ||||||
24 | percentages of the applicable
employee payroll, even if the | ||||||
25 | indicated percentage will produce a State
contribution in | ||||||
26 | excess of the amount otherwise required under this subsection
|
| |||||||
| |||||||
1 | and subsection (a), and notwithstanding any contrary | ||||||
2 | certification made under
subsection (a-1) before May 27, 1998 | ||||||
3 | (the effective date of Public Act 90-582):
10.02% in FY 1999;
| ||||||
4 | 10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% | ||||||
5 | in FY 2003; and
13.56% in FY 2004.
| ||||||
6 | Notwithstanding any other provision of this Article, the | ||||||
7 | total required State
contribution for State fiscal year 2006 is | ||||||
8 | $534,627,700.
| ||||||
9 | Notwithstanding any other provision of this Article, the | ||||||
10 | total required State
contribution for State fiscal year 2007 is | ||||||
11 | $738,014,500.
| ||||||
12 | For each of State fiscal years 2008 through 2009, the State | ||||||
13 | contribution to
the System, as a percentage of the applicable | ||||||
14 | employee payroll, shall be
increased in equal annual increments | ||||||
15 | from the required State contribution for State fiscal year | ||||||
16 | 2007, so that by State fiscal year 2011, the
State is | ||||||
17 | contributing at the rate otherwise required under this Section.
| ||||||
18 | Notwithstanding any other provision of this Article, the | ||||||
19 | total required State contribution for State fiscal year 2010 is | ||||||
20 | $2,089,268,000 and shall be made from the proceeds of bonds | ||||||
21 | sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||||||
22 | Obligation Bond Act, less (i) the pro rata share of bond sale | ||||||
23 | expenses determined by the System's share of total bond | ||||||
24 | proceeds, (ii) any amounts received from the Common School Fund | ||||||
25 | in fiscal year 2010, and (iii) any reduction in bond proceeds | ||||||
26 | due to the issuance of discounted bonds, if applicable. |
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, the
| ||||||
2 | total required State contribution for State fiscal year 2011 is
| ||||||
3 | the amount recertified by the System on or before April 1, 2011 | ||||||
4 | pursuant to subsection (a-1) of this Section and shall be made | ||||||
5 | from the proceeds of bonds
sold in fiscal year 2011 pursuant to | ||||||
6 | Section 7.2 of the General
Obligation Bond Act, less (i) the | ||||||
7 | pro rata share of bond sale
expenses determined by the System's | ||||||
8 | share of total bond
proceeds, (ii) any amounts received from | ||||||
9 | the Common School Fund
in fiscal year 2011, and (iii) any | ||||||
10 | reduction in bond proceeds
due to the issuance of discounted | ||||||
11 | bonds, if applicable. This amount shall include, in addition to | ||||||
12 | the amount certified by the System, an amount necessary to meet | ||||||
13 | employer contributions required by the State as an employer | ||||||
14 | under paragraph (e) of this Section, which may also be used by | ||||||
15 | the System for contributions required by paragraph (a) of | ||||||
16 | Section 16-127. | ||||||
17 | Beginning in State fiscal year 2046, the minimum State | ||||||
18 | contribution for
each fiscal year shall be the amount needed to | ||||||
19 | maintain the total assets of
the System at 90% of the total | ||||||
20 | actuarial liabilities of the System.
| ||||||
21 | Amounts received by the System pursuant to Section 25 of | ||||||
22 | the Budget Stabilization Act or Section 8.12 of the State | ||||||
23 | Finance Act in any fiscal year do not reduce and do not | ||||||
24 | constitute payment of any portion of the minimum State | ||||||
25 | contribution required under this Article in that fiscal year. | ||||||
26 | Such amounts shall not reduce, and shall not be included in the |
| |||||||
| |||||||
1 | calculation of, the required State contributions under this | ||||||
2 | Article in any future year until the System has reached a | ||||||
3 | funding ratio of at least 90%. A reference in this Article to | ||||||
4 | the "required State contribution" or any substantially similar | ||||||
5 | term does not include or apply to any amounts payable to the | ||||||
6 | System under Section 25 of the Budget Stabilization Act. | ||||||
7 | Notwithstanding any other provision of this Section, the | ||||||
8 | required State
contribution for State fiscal year 2005 and for | ||||||
9 | fiscal year 2008 and each fiscal year thereafter, as
calculated | ||||||
10 | under this Section and
certified under subsection (a-1), shall | ||||||
11 | not exceed an amount equal to (i) the
amount of the required | ||||||
12 | State contribution that would have been calculated under
this | ||||||
13 | Section for that fiscal year if the System had not received any | ||||||
14 | payments
under subsection (d) of Section 7.2 of the General | ||||||
15 | Obligation Bond Act, minus
(ii) the portion of the State's | ||||||
16 | total debt service payments for that fiscal
year on the bonds | ||||||
17 | issued in fiscal year 2003 for the purposes of that Section | ||||||
18 | 7.2, as determined
and certified by the Comptroller, that is | ||||||
19 | the same as the System's portion of
the total moneys | ||||||
20 | distributed under subsection (d) of Section 7.2 of the General
| ||||||
21 | Obligation Bond Act. In determining this maximum for State | ||||||
22 | fiscal years 2008 through 2010, however, the amount referred to | ||||||
23 | in item (i) shall be increased, as a percentage of the | ||||||
24 | applicable employee payroll, in equal increments calculated | ||||||
25 | from the sum of the required State contribution for State | ||||||
26 | fiscal year 2007 plus the applicable portion of the State's |
| |||||||
| |||||||
1 | total debt service payments for fiscal year 2007 on the bonds | ||||||
2 | issued in fiscal year 2003 for the purposes of Section 7.2 of | ||||||
3 | the General
Obligation Bond Act, so that, by State fiscal year | ||||||
4 | 2011, the
State is contributing at the rate otherwise required | ||||||
5 | under this Section.
| ||||||
6 | (b-4) Beginning in fiscal year 2018, each employer under | ||||||
7 | this Article shall pay to the System a required contribution | ||||||
8 | determined as a percentage of projected payroll and sufficient | ||||||
9 | to produce an annual amount equal to: | ||||||
10 | (i) for each of fiscal years 2018, 2019, and 2020, the | ||||||
11 | defined benefit normal cost of the defined benefit plan, | ||||||
12 | less the employee contribution, for each employee of that | ||||||
13 | employer who has elected or who is deemed to have elected | ||||||
14 | the benefits under Section 1-161 or who has made the | ||||||
15 | election under subsection (b) of Section 1-161; for fiscal | ||||||
16 | year 2021 and each fiscal year thereafter, the defined | ||||||
17 | benefit normal cost of the defined benefit plan, less the | ||||||
18 | employee contribution, plus 2%, for each employee of that | ||||||
19 | employer who has elected or who is deemed to have elected | ||||||
20 | the benefits under Section 1-161 or who has made the | ||||||
21 | election under subsection (b) of Section 1-161; plus | ||||||
22 | (ii) the amount required for that fiscal year to | ||||||
23 | amortize any unfunded actuarial accrued liability | ||||||
24 | associated with the present value of liabilities | ||||||
25 | attributable to the employer's account under Section | ||||||
26 | 16-158.3, determined
as a level percentage of payroll over |
| |||||||
| |||||||
1 | a 30-year rolling amortization period. | ||||||
2 | In determining contributions required under item (i) of | ||||||
3 | this subsection, the System shall determine an aggregate rate | ||||||
4 | for all employers, expressed as a percentage of projected | ||||||
5 | payroll. | ||||||
6 | In determining the contributions required under item (ii) | ||||||
7 | of this subsection, the amount shall be computed by the System | ||||||
8 | on the basis of the actuarial assumptions and tables used in | ||||||
9 | the most recent actuarial valuation of the System that is | ||||||
10 | available at the time of the computation. | ||||||
11 | The contributions required under this subsection (b-4) | ||||||
12 | shall be paid by an employer concurrently with that employer's | ||||||
13 | payroll payment period. The State, as the actual employer of an | ||||||
14 | employee, shall make the required contributions under this | ||||||
15 | subsection. | ||||||
16 | (c) Payment of the required State contributions and of all | ||||||
17 | pensions,
retirement annuities, death benefits, refunds, and | ||||||
18 | other benefits granted
under or assumed by this System, and all | ||||||
19 | expenses in connection with the
administration and operation | ||||||
20 | thereof, are obligations of the State.
| ||||||
21 | If members are paid from special trust or federal funds | ||||||
22 | which are
administered by the employing unit, whether school | ||||||
23 | district or other
unit, the employing unit shall pay to the | ||||||
24 | System from such
funds the full accruing retirement costs based | ||||||
25 | upon that
service, which, beginning July 1, 2017, shall be at a | ||||||
26 | rate, expressed as a percentage of salary, equal to the total |
| |||||||
| |||||||
1 | employer's normal cost, expressed as a percentage of payroll, | ||||||
2 | as determined by the System. Employer contributions, based on
| ||||||
3 | salary paid to members from federal funds, may be forwarded by | ||||||
4 | the distributing
agency of the State of Illinois to the System | ||||||
5 | prior to allocation, in an
amount determined in accordance with | ||||||
6 | guidelines established by such
agency and the System. Any | ||||||
7 | contribution for fiscal year 2015 collected as a result of the | ||||||
8 | change made by Public Act 98-674 shall be considered a State | ||||||
9 | contribution under subsection (b-3) of this Section.
| ||||||
10 | (d) Effective July 1, 1986, any employer of a teacher as | ||||||
11 | defined in
paragraph (8) of Section 16-106 shall pay the | ||||||
12 | employer's normal cost
of benefits based upon the teacher's | ||||||
13 | service, in addition to
employee contributions, as determined | ||||||
14 | by the System. Such employer
contributions shall be forwarded | ||||||
15 | monthly in accordance with guidelines
established by the | ||||||
16 | System.
| ||||||
17 | However, with respect to benefits granted under Section | ||||||
18 | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||||||
19 | of Section 16-106, the
employer's contribution shall be 12% | ||||||
20 | (rather than 20%) of the member's
highest annual salary rate | ||||||
21 | for each year of creditable service granted, and
the employer | ||||||
22 | shall also pay the required employee contribution on behalf of
| ||||||
23 | the teacher. For the purposes of Sections 16-133.4 and | ||||||
24 | 16-133.5, a teacher
as defined in paragraph (8) of Section | ||||||
25 | 16-106 who is serving in that capacity
while on leave of | ||||||
26 | absence from another employer under this Article shall not
be |
| |||||||
| |||||||
1 | considered an employee of the employer from which the teacher | ||||||
2 | is on leave.
| ||||||
3 | (e) Beginning July 1, 1998, every employer of a teacher
| ||||||
4 | shall pay to the System an employer contribution computed as | ||||||
5 | follows:
| ||||||
6 | (1) Beginning July 1, 1998 through June 30, 1999, the | ||||||
7 | employer
contribution shall be equal to 0.3% of each | ||||||
8 | teacher's salary.
| ||||||
9 | (2) Beginning July 1, 1999 and thereafter, the employer
| ||||||
10 | contribution shall be equal to 0.58% of each teacher's | ||||||
11 | salary.
| ||||||
12 | The school district or other employing unit may pay these | ||||||
13 | employer
contributions out of any source of funding available | ||||||
14 | for that purpose and
shall forward the contributions to the | ||||||
15 | System on the schedule established
for the payment of member | ||||||
16 | contributions.
| ||||||
17 | These employer contributions are intended to offset a | ||||||
18 | portion of the cost
to the System of the increases in | ||||||
19 | retirement benefits resulting from Public Act 90-582.
| ||||||
20 | Each employer of teachers is entitled to a credit against | ||||||
21 | the contributions
required under this subsection (e) with | ||||||
22 | respect to salaries paid to teachers
for the period January 1, | ||||||
23 | 2002 through June 30, 2003, equal to the amount paid
by that | ||||||
24 | employer under subsection (a-5) of Section 6.6 of the State | ||||||
25 | Employees
Group Insurance Act of 1971 with respect to salaries | ||||||
26 | paid to teachers for that
period.
|
| |||||||
| |||||||
1 | The additional 1% employee contribution required under | ||||||
2 | Section 16-152 by Public Act 90-582
is the responsibility of | ||||||
3 | the teacher and not the
teacher's employer, unless the employer | ||||||
4 | agrees, through collective bargaining
or otherwise, to make the | ||||||
5 | contribution on behalf of the teacher.
| ||||||
6 | If an employer is required by a contract in effect on May | ||||||
7 | 1, 1998 between the
employer and an employee organization to | ||||||
8 | pay, on behalf of all its full-time
employees
covered by this | ||||||
9 | Article, all mandatory employee contributions required under
| ||||||
10 | this Article, then the employer shall be excused from paying | ||||||
11 | the employer
contribution required under this subsection (e) | ||||||
12 | for the balance of the term
of that contract. The employer and | ||||||
13 | the employee organization shall jointly
certify to the System | ||||||
14 | the existence of the contractual requirement, in such
form as | ||||||
15 | the System may prescribe. This exclusion shall cease upon the
| ||||||
16 | termination, extension, or renewal of the contract at any time | ||||||
17 | after May 1,
1998.
| ||||||
18 | (f) If For school years beginning on or after June 1, 2005 | ||||||
19 | and before July 1, 2018 and for salary paid to a teacher under | ||||||
20 | a contract or collective bargaining agreement entered into, | ||||||
21 | amended, or renewed before the effective date of this amendatory | ||||||
22 | Act of the 100th General Assembly , if the amount of a teacher's | ||||||
23 | salary for any school year used to determine final average | ||||||
24 | salary exceeds the member's annual full-time salary rate with | ||||||
25 | the same employer for the previous school year by more than 6%, | ||||||
26 | the teacher's employer shall pay to the System, in addition to |
| |||||||
| |||||||
1 | all other payments required under this Section and in | ||||||
2 | accordance with guidelines established by the System, the | ||||||
3 | present value of the increase in benefits resulting from the | ||||||
4 | portion of the increase in salary that is in excess of 6%. This | ||||||
5 | present value shall be computed by the System on the basis of | ||||||
6 | the actuarial assumptions and tables used in the most recent | ||||||
7 | actuarial valuation of the System that is available at the time | ||||||
8 | of the computation. If a teacher's salary for the 2005-2006 | ||||||
9 | school year is used to determine final average salary under | ||||||
10 | this subsection (f), then the changes made to this subsection | ||||||
11 | (f) by Public Act 94-1057 shall apply in calculating whether | ||||||
12 | the increase in his or her salary is in excess of 6%. For the | ||||||
13 | purposes of this Section, change in employment under Section | ||||||
14 | 10-21.12 of the School Code on or after June 1, 2005 shall | ||||||
15 | constitute a change in employer. The System may require the | ||||||
16 | employer to provide any pertinent information or | ||||||
17 | documentation.
The changes made to this subsection (f) by | ||||||
18 | Public Act 94-1111 apply without regard to whether the teacher | ||||||
19 | was in service on or after its effective date.
| ||||||
20 | Whenever it determines that a payment is or may be required | ||||||
21 | under this subsection, the System shall calculate the amount of | ||||||
22 | the payment and bill the employer for that amount. The bill | ||||||
23 | shall specify the calculations used to determine the amount | ||||||
24 | due. If the employer disputes the amount of the bill, it may, | ||||||
25 | within 30 days after receipt of the bill, apply to the System | ||||||
26 | in writing for a recalculation. The application must specify in |
| |||||||
| |||||||
1 | detail the grounds of the dispute and, if the employer asserts | ||||||
2 | that the calculation is subject to subsection (g) or (h) of | ||||||
3 | this Section or that subsection (f-1) of this Section applies , | ||||||
4 | must include an affidavit setting forth and attesting to all | ||||||
5 | facts within the employer's knowledge that are pertinent to the | ||||||
6 | applicability of that subsection. Upon receiving a timely | ||||||
7 | application for recalculation, the System shall review the | ||||||
8 | application and, if appropriate, recalculate the amount due.
| ||||||
9 | The employer contributions required under this subsection | ||||||
10 | (f) may be paid in the form of a lump sum within 90 days after | ||||||
11 | receipt of the bill. If the employer contributions are not paid | ||||||
12 | within 90 days after receipt of the bill, then interest will be | ||||||
13 | charged at a rate equal to the System's annual actuarially | ||||||
14 | assumed rate of return on investment compounded annually from | ||||||
15 | the 91st day after receipt of the bill. Payments must be | ||||||
16 | concluded within 3 years after the employer's receipt of the | ||||||
17 | bill.
| ||||||
18 | (f-1) (Blank). For school years beginning on or after July | ||||||
19 | 1, 2018 and for salary paid to a teacher under a contract or | ||||||
20 | collective bargaining agreement entered into, amended, or | ||||||
21 | renewed on or after the effective date of this amendatory Act | ||||||
22 | of the 100th General Assembly , if the amount of a teacher's | ||||||
23 | salary for any school year used to determine final average | ||||||
24 | salary exceeds the member's annual full-time salary rate with | ||||||
25 | the same employer for the previous school year by more than 3%, | ||||||
26 | then the teacher's employer shall pay to the System, in |
| |||||||
| |||||||
1 | addition to all other payments required under this Section and | ||||||
2 | in accordance with guidelines established by the System, the | ||||||
3 | present value of the increase in benefits resulting from the | ||||||
4 | portion of the increase in salary that is in excess of 3%. This | ||||||
5 | present value shall be computed by the System on the basis of | ||||||
6 | the actuarial assumptions and tables used in the most recent | ||||||
7 | actuarial valuation of the System that is available at the time | ||||||
8 | of the computation. The System may require the employer to | ||||||
9 | provide any pertinent information or documentation. | ||||||
10 | Whenever it determines that a payment is or may be required | ||||||
11 | under this subsection (f-1), the System shall calculate the | ||||||
12 | amount of the payment and bill the employer for that amount. | ||||||
13 | The bill shall specify the calculations used to determine the | ||||||
14 | amount due. If the employer disputes the amount of the bill, it | ||||||
15 | shall, within 30 days after receipt of the bill, apply to the | ||||||
16 | System in writing for a recalculation. The application must | ||||||
17 | specify in detail the grounds of the dispute and, if the | ||||||
18 | employer asserts that subsection (f) of this Section applies, | ||||||
19 | must include an affidavit setting forth and attesting to all | ||||||
20 | facts within the employer's knowledge that are pertinent to the | ||||||
21 | applicability of subsection (f). Upon receiving a timely | ||||||
22 | application for recalculation, the System shall review the | ||||||
23 | application and, if appropriate, recalculate the amount due. | ||||||
24 | The employer contributions required under this subsection | ||||||
25 | (f-1) may be paid in the form of a lump sum within 90 days after | ||||||
26 | receipt of the bill. If the employer contributions are not paid |
| |||||||
| |||||||
1 | within 90 days after receipt of the bill, then interest shall | ||||||
2 | be charged at a rate equal to the System's annual actuarially | ||||||
3 | assumed rate of return on investment compounded annually from | ||||||
4 | the 91st day after receipt of the bill. Payments must be | ||||||
5 | concluded within 3 years after the employer's receipt of the | ||||||
6 | bill. | ||||||
7 | (g) This subsection (g) applies only to payments made or | ||||||
8 | salary increases given on or after June 1, 2005 but before July | ||||||
9 | 1, 2011. The changes made by Public Act 94-1057 shall not | ||||||
10 | require the System to refund any payments received before
July | ||||||
11 | 31, 2006 (the effective date of Public Act 94-1057). | ||||||
12 | When assessing payment for any amount due under subsection | ||||||
13 | (f), the System shall exclude salary increases paid to teachers | ||||||
14 | under contracts or collective bargaining agreements entered | ||||||
15 | into, amended, or renewed before June 1, 2005.
| ||||||
16 | When assessing payment for any amount due under subsection | ||||||
17 | (f), the System shall exclude salary increases paid to a | ||||||
18 | teacher at a time when the teacher is 10 or more years from | ||||||
19 | retirement eligibility under Section 16-132 or 16-133.2.
| ||||||
20 | When assessing payment for any amount due under subsection | ||||||
21 | (f), the System shall exclude salary increases resulting from | ||||||
22 | overload work, including summer school, when the school | ||||||
23 | district has certified to the System, and the System has | ||||||
24 | approved the certification, that (i) the overload work is for | ||||||
25 | the sole purpose of classroom instruction in excess of the | ||||||
26 | standard number of classes for a full-time teacher in a school |
| |||||||
| |||||||
1 | district during a school year and (ii) the salary increases are | ||||||
2 | equal to or less than the rate of pay for classroom instruction | ||||||
3 | computed on the teacher's current salary and work schedule.
| ||||||
4 | When assessing payment for any amount due under subsection | ||||||
5 | (f), the System shall exclude a salary increase resulting from | ||||||
6 | a promotion (i) for which the employee is required to hold a | ||||||
7 | certificate or supervisory endorsement issued by the State | ||||||
8 | Teacher Certification Board that is a different certification | ||||||
9 | or supervisory endorsement than is required for the teacher's | ||||||
10 | previous position and (ii) to a position that has existed and | ||||||
11 | been filled by a member for no less than one complete academic | ||||||
12 | year and the salary increase from the promotion is an increase | ||||||
13 | that results in an amount no greater than the lesser of the | ||||||
14 | average salary paid for other similar positions in the district | ||||||
15 | requiring the same certification or the amount stipulated in | ||||||
16 | the collective bargaining agreement for a similar position | ||||||
17 | requiring the same certification.
| ||||||
18 | When assessing payment for any amount due under subsection | ||||||
19 | (f), the System shall exclude any payment to the teacher from | ||||||
20 | the State of Illinois or the State Board of Education over | ||||||
21 | which the employer does not have discretion, notwithstanding | ||||||
22 | that the payment is included in the computation of final | ||||||
23 | average salary.
| ||||||
24 | (h) When assessing payment for any amount due under | ||||||
25 | subsection (f), the System shall exclude any salary increase | ||||||
26 | described in subsection (g) of this Section given on or after |
| |||||||
| |||||||
1 | July 1, 2011 but before July 1, 2014 under a contract or | ||||||
2 | collective bargaining agreement entered into, amended, or | ||||||
3 | renewed on or after June 1, 2005 but before July 1, 2011. | ||||||
4 | Notwithstanding any other provision of this Section, any | ||||||
5 | payments made or salary increases given after June 30, 2014 | ||||||
6 | shall be used in assessing payment for any amount due under | ||||||
7 | subsection (f) of this Section.
| ||||||
8 | (i) The System shall prepare a report and file copies of | ||||||
9 | the report with the Governor and the General Assembly by | ||||||
10 | January 1, 2007 that contains all of the following information: | ||||||
11 | (1) The number of recalculations required by the | ||||||
12 | changes made to this Section by Public Act 94-1057 for each | ||||||
13 | employer. | ||||||
14 | (2) The dollar amount by which each employer's | ||||||
15 | contribution to the System was changed due to | ||||||
16 | recalculations required by Public Act 94-1057. | ||||||
17 | (3) The total amount the System received from each | ||||||
18 | employer as a result of the changes made to this Section by | ||||||
19 | Public Act 94-4. | ||||||
20 | (4) The increase in the required State contribution | ||||||
21 | resulting from the changes made to this Section by Public | ||||||
22 | Act 94-1057.
| ||||||
23 | (i-5) For school years beginning on or after July 1, 2017, | ||||||
24 | if the amount of a participant's salary for any school year | ||||||
25 | exceeds the amount of the salary set for the Governor, the | ||||||
26 | participant's employer shall pay to the System, in addition to |
| |||||||
| |||||||
1 | all other payments required under this Section and in | ||||||
2 | accordance with guidelines established by the System, an amount | ||||||
3 | determined by the System to be equal to the employer normal | ||||||
4 | cost, as established by the System and expressed as a total | ||||||
5 | percentage of payroll, multiplied by the amount of salary in | ||||||
6 | excess of the amount of the salary set for the Governor. This | ||||||
7 | amount shall be computed by the System on the basis of the | ||||||
8 | actuarial assumptions and tables used in the most recent | ||||||
9 | actuarial valuation of the System that is available at the time | ||||||
10 | of the computation. The System may require the employer to | ||||||
11 | provide any pertinent information or documentation. | ||||||
12 | Whenever it determines that a payment is or may be required | ||||||
13 | under this subsection, the System shall calculate the amount of | ||||||
14 | the payment and bill the employer for that amount. The bill | ||||||
15 | shall specify the calculations used to determine the amount | ||||||
16 | due. If the employer disputes the amount of the bill, it may, | ||||||
17 | within 30 days after receipt of the bill, apply to the System | ||||||
18 | in writing for a recalculation. The application must specify in | ||||||
19 | detail the grounds of the dispute. Upon receiving a timely | ||||||
20 | application for recalculation, the System shall review the | ||||||
21 | application and, if appropriate, recalculate the amount due. | ||||||
22 | The employer contributions required under this subsection | ||||||
23 | may be paid in the form of a lump sum within 90 days after | ||||||
24 | receipt of the bill. If the employer contributions are not paid | ||||||
25 | within 90 days after receipt of the bill, then interest will be | ||||||
26 | charged at a rate equal to the System's annual actuarially |
| |||||||
| |||||||
1 | assumed rate of return on investment compounded annually from | ||||||
2 | the 91st day after receipt of the bill. Payments must be | ||||||
3 | concluded within 3 years after the employer's receipt of the | ||||||
4 | bill. | ||||||
5 | (j) For purposes of determining the required State | ||||||
6 | contribution to the System, the value of the System's assets | ||||||
7 | shall be equal to the actuarial value of the System's assets, | ||||||
8 | which shall be calculated as follows: | ||||||
9 | As of June 30, 2008, the actuarial value of the System's | ||||||
10 | assets shall be equal to the market value of the assets as of | ||||||
11 | that date. In determining the actuarial value of the System's | ||||||
12 | assets for fiscal years after June 30, 2008, any actuarial | ||||||
13 | gains or losses from investment return incurred in a fiscal | ||||||
14 | year shall be recognized in equal annual amounts over the | ||||||
15 | 5-year period following that fiscal year. | ||||||
16 | (k) For purposes of determining the required State | ||||||
17 | contribution to the system for a particular year, the actuarial | ||||||
18 | value of assets shall be assumed to earn a rate of return equal | ||||||
19 | to the system's actuarially assumed rate of return. | ||||||
20 | (Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17; | ||||||
21 | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff. | ||||||
22 | 8-14-18; revised 10-4-18.)
| ||||||
23 | Section 10. The School Code is amended by changing Sections | ||||||
24 | 21B-20, 21B-25, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and | ||||||
25 | by adding Section 24-8.5 as follows: |
| |||||||
| |||||||
1 | (105 ILCS 5/21B-20) | ||||||
2 | Sec. 21B-20. Types of licenses. The State Board of | ||||||
3 | Education shall implement a system of educator licensure, | ||||||
4 | whereby individuals employed in school districts who are | ||||||
5 | required to be licensed must have one of the following | ||||||
6 | licenses: (i) a professional educator license; (ii) an educator | ||||||
7 | license with stipulations; (iii) a substitute teaching | ||||||
8 | license; or (iv) until June 30, 2023, a short-term substitute | ||||||
9 | teaching license. References in law regarding individuals | ||||||
10 | certified or certificated or required to be certified or | ||||||
11 | certificated under Article 21 of this Code shall also include | ||||||
12 | individuals licensed or required to be licensed under this | ||||||
13 | Article. The first year of all licenses ends on June 30 | ||||||
14 | following one full year of the license being issued. | ||||||
15 | The State Board of Education, in consultation with the | ||||||
16 | State Educator Preparation and Licensure Board, may adopt such | ||||||
17 | rules as may be necessary to govern the requirements for | ||||||
18 | licenses and endorsements under this Section. | ||||||
19 | (1) Professional Educator License. Persons who (i) | ||||||
20 | have successfully completed an approved educator | ||||||
21 | preparation program and are recommended for licensure by | ||||||
22 | the Illinois institution offering the educator preparation | ||||||
23 | program, (ii) have successfully completed the required | ||||||
24 | testing under Section 21B-30 of this Code, (iii) have | ||||||
25 | successfully completed coursework on the psychology of, |
| |||||||
| |||||||
1 | the identification of, and the methods of instruction for | ||||||
2 | the exceptional child, including without limitation | ||||||
3 | children with learning disabilities, (iv) have | ||||||
4 | successfully completed coursework in methods of reading | ||||||
5 | and reading in the content area, and (v) have met all other | ||||||
6 | criteria established by rule of the State Board of | ||||||
7 | Education shall be issued a Professional Educator License. | ||||||
8 | All Professional Educator Licenses are valid until June 30 | ||||||
9 | immediately following 5 years of the license being issued. | ||||||
10 | The Professional Educator License shall be endorsed with | ||||||
11 | specific areas and grade levels in which the individual is | ||||||
12 | eligible to practice. For an early childhood education | ||||||
13 | endorsement, an individual may satisfy the student | ||||||
14 | teaching requirement of his or her early childhood teacher | ||||||
15 | preparation program through placement in a setting with | ||||||
16 | children from birth through grade 2, and the individual may | ||||||
17 | be paid and receive credit while student teaching. The | ||||||
18 | student teaching experience must meet the requirements of | ||||||
19 | and be approved by the individual's early childhood teacher | ||||||
20 | preparation program. | ||||||
21 | Individuals can receive subsequent endorsements on the | ||||||
22 | Professional Educator License. Subsequent endorsements | ||||||
23 | shall require a minimum of 24 semester hours of coursework | ||||||
24 | in the endorsement area and passage of the applicable | ||||||
25 | content area test, unless otherwise specified by rule. | ||||||
26 | (2) Educator License with Stipulations. An Educator |
| |||||||
| |||||||
1 | License with Stipulations shall be issued an endorsement | ||||||
2 | that limits the license holder to one particular position | ||||||
3 | or does not require completion of an approved educator | ||||||
4 | program or both. | ||||||
5 | An individual with an Educator License with | ||||||
6 | Stipulations must not be employed by a school district or | ||||||
7 | any other entity to replace any presently employed teacher | ||||||
8 | who otherwise would not be replaced for any reason. | ||||||
9 | An Educator License with Stipulations may be issued | ||||||
10 | with the following endorsements: | ||||||
11 | (A) (Blank). A A provisional educator endorsement | ||||||
12 | for a service member or a spouse of a service member is | ||||||
13 | valid until June 30 immediately following 3 years of | ||||||
14 | the license being issued, provided that any remaining | ||||||
15 | testing and coursework deficiencies are met under this | ||||||
16 | Section. In this Section, "spouse of a service member" | ||||||
17 | means any person who, at the time of application under | ||||||
18 | this Section, is the spouse of an active duty member of | ||||||
19 | the United States Armed Forces or any reserve component | ||||||
20 | of the United States Armed Forces or the National Guard | ||||||
21 | of any state, commonwealth, or territory of the United | ||||||
22 | States or the District of Columbia. | ||||||
23 | Except as otherwise provided under this | ||||||
24 | subparagraph, a | ||||||
25 | (B) Alternative provisional educator. An | ||||||
26 | alternative provisional educator endorsement on an |
| |||||||
| |||||||
1 | Educator License with Stipulations may be issued to an | ||||||
2 | applicant who, at the time of applying for the | ||||||
3 | endorsement, has done all of the following: | ||||||
4 | (i) Graduated from a regionally accredited | ||||||
5 | college or university with a minimum of a | ||||||
6 | bachelor's degree. | ||||||
7 | (ii) Successfully completed the first phase of | ||||||
8 | the Alternative Educator Licensure Program for | ||||||
9 | Teachers, as described in Section 21B-50 of this | ||||||
10 | Code. | ||||||
11 | (iii) Passed a test of basic skills and content | ||||||
12 | area test, as required under Section 21B-30 of this | ||||||
13 | Code. | ||||||
14 | The alternative provisional educator endorsement is | ||||||
15 | valid for 2 years of teaching and may be renewed for a | ||||||
16 | third year by an individual meeting the requirements set | ||||||
17 | forth in Section 21B-50 of this Code. | ||||||
18 | (C) Alternative provisional superintendent. An | ||||||
19 | alternative provisional superintendent endorsement on | ||||||
20 | an Educator License with Stipulations entitles the | ||||||
21 | holder to serve only as a superintendent or assistant | ||||||
22 | superintendent in a school district's central office. | ||||||
23 | This endorsement may only be issued to an applicant | ||||||
24 | who, at the time of applying for the endorsement, has | ||||||
25 | done all of the following: | ||||||
26 | (i) Graduated from a regionally accredited |
| |||||||
| |||||||
1 | college or university with a minimum of a master's | ||||||
2 | degree in a management field other than education. | ||||||
3 | (ii) Been employed for a period of at least 5 | ||||||
4 | years in a management level position in a field | ||||||
5 | other than education. | ||||||
6 | (iii) Successfully completed the first phase | ||||||
7 | of an alternative route to superintendent | ||||||
8 | endorsement program, as provided in Section 21B-55 | ||||||
9 | of this Code. | ||||||
10 | (iv) Passed a test of basic skills and content | ||||||
11 | area test tests required under Section 21B-30 of | ||||||
12 | this Code. | ||||||
13 | The endorsement is valid for 2 fiscal years in | ||||||
14 | order to complete one full year of serving as a | ||||||
15 | superintendent or assistant superintendent. | ||||||
16 | (D) (Blank). | ||||||
17 | (E) Career and technical educator. A career and | ||||||
18 | technical educator endorsement on an Educator License | ||||||
19 | with Stipulations may be issued to an applicant who has | ||||||
20 | a minimum of 60 semester hours of coursework from a | ||||||
21 | regionally accredited institution of higher education | ||||||
22 | or an accredited trade and technical institution and | ||||||
23 | has a minimum of 2,000 hours of experience outside of | ||||||
24 | education in each area to be taught. | ||||||
25 | The career and technical educator endorsement on | ||||||
26 | an Educator License with Stipulations is valid until |
| |||||||
| |||||||
1 | June 30 immediately following 5 years of the | ||||||
2 | endorsement being issued and may be renewed. For | ||||||
3 | individuals who were issued the career and technical | ||||||
4 | educator endorsement on an Educator License with | ||||||
5 | Stipulations on or after January 1, 2015, the license | ||||||
6 | may be renewed if the individual passes a test of basic | ||||||
7 | skills or test of work proficiency, as required under | ||||||
8 | Section 21B-30 of this Code. | ||||||
9 | An individual who holds a valid career and | ||||||
10 | technical educator endorsement on an Educator License | ||||||
11 | with Stipulations but does not hold a bachelor's degree | ||||||
12 | may substitute teach in career and technical education | ||||||
13 | classrooms. | ||||||
14 | (F) Part-time provisional career and technical | ||||||
15 | educator or provisional career and technical educator. | ||||||
16 | A part-time provisional career and technical educator | ||||||
17 | endorsement or a provisional career and technical | ||||||
18 | educator endorsement on an Educator License with | ||||||
19 | Stipulations may be issued to an applicant who has a | ||||||
20 | minimum of 8,000 hours of work experience in the skill | ||||||
21 | for which the applicant is seeking the endorsement. It | ||||||
22 | is the responsibility of each employing school board | ||||||
23 | and regional office of education to provide | ||||||
24 | verification, in writing, to the State Superintendent | ||||||
25 | of Education at the time the application is submitted | ||||||
26 | that no qualified teacher holding a Professional |
| |||||||
| |||||||
1 | Educator License or an Educator License with | ||||||
2 | Stipulations with a career and technical educator | ||||||
3 | endorsement is available and that actual circumstances | ||||||
4 | require such issuance. | ||||||
5 | The provisional career and technical educator | ||||||
6 | endorsement on an Educator License with Stipulations | ||||||
7 | is valid until June 30 immediately following 5 years of | ||||||
8 | the endorsement being issued and may be renewed for 5 | ||||||
9 | years. For individuals who were issued the provisional | ||||||
10 | career and technical educator endorsement on an | ||||||
11 | Educator License with Stipulations on or after January | ||||||
12 | 1, 2015, the license may be renewed if the individual | ||||||
13 | passes a test of basic skills or test of work | ||||||
14 | proficiency, as required under Section 21B-30 of this | ||||||
15 | Code. | ||||||
16 | A part-time provisional career and technical | ||||||
17 | educator endorsement on an Educator License with | ||||||
18 | Stipulations may be issued for teaching no more than 2 | ||||||
19 | courses of study for grades 6 through 12. The part-time | ||||||
20 | provisional career and technical educator endorsement | ||||||
21 | on an Educator License with Stipulations is valid until | ||||||
22 | June 30 immediately following 5 years of the | ||||||
23 | endorsement being issued and may be renewed for 5 years | ||||||
24 | if the individual makes application for renewal. | ||||||
25 | An individual who holds a provisional or part-time | ||||||
26 | provisional career and technical educator endorsement |
| |||||||
| |||||||
1 | on an Educator License with Stipulations but does not | ||||||
2 | hold a bachelor's degree may substitute teach in career | ||||||
3 | and technical education classrooms. | ||||||
4 | (G) Transitional bilingual educator. A | ||||||
5 | transitional bilingual educator endorsement on an | ||||||
6 | Educator License with Stipulations may be issued for | ||||||
7 | the purpose of providing instruction in accordance | ||||||
8 | with Article 14C of this Code to an applicant who | ||||||
9 | provides satisfactory evidence that he or she meets all | ||||||
10 | of the following requirements: | ||||||
11 | (i) Possesses adequate speaking, reading, and | ||||||
12 | writing ability in the language other than English | ||||||
13 | in which transitional bilingual education is | ||||||
14 | offered. | ||||||
15 | (ii) Has the ability to successfully | ||||||
16 | communicate in English. | ||||||
17 | (iii) Either possessed, within 5 years | ||||||
18 | previous to his or her applying for a transitional | ||||||
19 | bilingual educator endorsement, a valid and | ||||||
20 | comparable teaching certificate or comparable | ||||||
21 | authorization issued by a foreign country or holds | ||||||
22 | a degree from an institution of higher learning in | ||||||
23 | a foreign country that the State Educator | ||||||
24 | Preparation and Licensure Board determines to be | ||||||
25 | the equivalent of a bachelor's degree from a | ||||||
26 | regionally accredited institution of higher |
| |||||||
| |||||||
1 | learning in the United States. | ||||||
2 | A transitional bilingual educator endorsement | ||||||
3 | shall be valid for prekindergarten through grade 12, is | ||||||
4 | valid until June 30 immediately following 5 years of | ||||||
5 | the endorsement being issued, and shall not be renewed. | ||||||
6 | Persons holding a transitional bilingual educator | ||||||
7 | endorsement shall not be employed to replace any | ||||||
8 | presently employed teacher who otherwise would not be | ||||||
9 | replaced for any reason. | ||||||
10 | (H) Language endorsement. In an effort to | ||||||
11 | alleviate the shortage of teachers speaking a language | ||||||
12 | other than English in the public schools, an individual | ||||||
13 | who holds an Educator License with Stipulations may | ||||||
14 | also apply for a language endorsement, provided that | ||||||
15 | the applicant provides satisfactory evidence that he | ||||||
16 | or she meets all of the following requirements: | ||||||
17 | (i) Holds a transitional bilingual | ||||||
18 | endorsement. | ||||||
19 | (ii) Has demonstrated proficiency in the | ||||||
20 | language for which the endorsement is to be issued | ||||||
21 | by passing the applicable language content test | ||||||
22 | required by the State Board of Education. | ||||||
23 | (iii) Holds a bachelor's degree or higher from | ||||||
24 | a regionally accredited institution of higher | ||||||
25 | education or, for individuals educated in a | ||||||
26 | country other than the United States, holds a |
| |||||||
| |||||||
1 | degree from an institution of higher learning in a | ||||||
2 | foreign country that the State Educator | ||||||
3 | Preparation and Licensure Board determines to be | ||||||
4 | the equivalent of a bachelor's degree from a | ||||||
5 | regionally accredited institution of higher | ||||||
6 | learning in the United States. | ||||||
7 | (iv) (Blank). Has passed a test of basic | ||||||
8 | skills, as required under Section 21B-30 of this | ||||||
9 | Code. | ||||||
10 | A language endorsement on an Educator License with | ||||||
11 | Stipulations is valid for prekindergarten through | ||||||
12 | grade 12 for the same validity period as the | ||||||
13 | individual's transitional bilingual educator | ||||||
14 | endorsement on the Educator License with Stipulations | ||||||
15 | and shall not be renewed. | ||||||
16 | (I) Visiting international educator. A visiting | ||||||
17 | international educator endorsement on an Educator | ||||||
18 | License with Stipulations may be issued to an | ||||||
19 | individual who is being recruited by a particular | ||||||
20 | school district that conducts formal recruitment | ||||||
21 | programs outside of the United States to secure the | ||||||
22 | services of qualified teachers and who meets all of the | ||||||
23 | following requirements: | ||||||
24 | (i) Holds the equivalent of a minimum of a | ||||||
25 | bachelor's degree issued in the United States. | ||||||
26 | (ii) Has been prepared as a teacher at the |
| |||||||
| |||||||
1 | grade level for which he or she will be employed. | ||||||
2 | (iii) Has adequate content knowledge in the | ||||||
3 | subject to be taught. | ||||||
4 | (iv) Has an adequate command of the English | ||||||
5 | language. | ||||||
6 | A holder of a visiting international educator | ||||||
7 | endorsement on an Educator License with Stipulations | ||||||
8 | shall be permitted to teach in bilingual education | ||||||
9 | programs in the language that was the medium of | ||||||
10 | instruction in his or her teacher preparation program, | ||||||
11 | provided that he or she passes the English Language | ||||||
12 | Proficiency Examination or another test of writing | ||||||
13 | skills in English identified by the State Board of | ||||||
14 | Education, in consultation with the State Educator | ||||||
15 | Preparation and Licensure Board. | ||||||
16 | A visiting international educator endorsement on | ||||||
17 | an Educator License with Stipulations is valid for 3 | ||||||
18 | years and shall not be renewed. | ||||||
19 | (J) Paraprofessional educator. A paraprofessional | ||||||
20 | educator endorsement on an Educator License with | ||||||
21 | Stipulations may be issued to an applicant who holds a | ||||||
22 | high school diploma or its recognized equivalent and | ||||||
23 | either holds an associate's degree or a minimum of 60 | ||||||
24 | semester hours of credit from a regionally accredited | ||||||
25 | institution of higher education or has passed a test of | ||||||
26 | basic skills required under Section 21B-30 of this |
| |||||||
| |||||||
1 | Code . The paraprofessional educator endorsement is | ||||||
2 | valid until June 30 immediately following 5 years of | ||||||
3 | the endorsement being issued and may be renewed through | ||||||
4 | application and payment of the appropriate fee, as | ||||||
5 | required under Section 21B-40 of this Code. An | ||||||
6 | individual who holds only a paraprofessional educator | ||||||
7 | endorsement is not subject to additional requirements | ||||||
8 | in order to renew the endorsement. | ||||||
9 | (K) Chief school business official. A chief school | ||||||
10 | business official endorsement on an Educator License | ||||||
11 | with Stipulations may be issued to an applicant who | ||||||
12 | qualifies by having a master's degree or higher, 2 | ||||||
13 | years of full-time administrative experience in school | ||||||
14 | business management or 2 years of university-approved | ||||||
15 | practical experience, and a minimum of 24 semester | ||||||
16 | hours of graduate credit in a program approved by the | ||||||
17 | State Board of Education for the preparation of school | ||||||
18 | business administrators and by passage of the | ||||||
19 | applicable State tests, including an a test of basic | ||||||
20 | skills and applicable content area test. | ||||||
21 | The chief school business official endorsement may | ||||||
22 | also be affixed to the Educator License with | ||||||
23 | Stipulations of any holder who qualifies by having a | ||||||
24 | master's degree in business administration, finance, | ||||||
25 | accounting, or public administration and who completes | ||||||
26 | an additional 6 semester hours of internship in school |
| |||||||
| |||||||
1 | business management from a regionally accredited | ||||||
2 | institution of higher education and passes the | ||||||
3 | applicable State tests, including an a test of basic | ||||||
4 | skills and applicable content area test. This | ||||||
5 | endorsement shall be required for any individual | ||||||
6 | employed as a chief school business official. | ||||||
7 | The chief school business official endorsement on | ||||||
8 | an Educator License with Stipulations is valid until | ||||||
9 | June 30 immediately following 5 years of the | ||||||
10 | endorsement being issued and may be renewed if the | ||||||
11 | license holder completes renewal requirements as | ||||||
12 | required for individuals who hold a Professional | ||||||
13 | Educator License endorsed for chief school business | ||||||
14 | official under Section 21B-45 of this Code and such | ||||||
15 | rules as may be adopted by the State Board of | ||||||
16 | Education. | ||||||
17 | The State Board of Education shall adopt any rules | ||||||
18 | necessary to implement Public Act 100-288. | ||||||
19 | (L) Provisional in-state educator. A provisional | ||||||
20 | in-state educator endorsement on an Educator License | ||||||
21 | with Stipulations may be issued to a candidate who has | ||||||
22 | completed an Illinois-approved educator preparation | ||||||
23 | program at an Illinois institution of higher education | ||||||
24 | and who has not successfully completed an | ||||||
25 | evidence-based assessment of teacher effectiveness but | ||||||
26 | who meets all of the following requirements: |
| |||||||
| |||||||
1 | (i) Holds at least a bachelor's degree. | ||||||
2 | (ii) Has completed an approved educator | ||||||
3 | preparation program at an Illinois institution. | ||||||
4 | (iii) Has passed an a test of basic skills and | ||||||
5 | applicable content area test, as required by | ||||||
6 | Section 21B-30 of this Code. | ||||||
7 | (iv) Has attempted an evidence-based | ||||||
8 | assessment of teacher effectiveness and received a | ||||||
9 | minimum score on that assessment, as established | ||||||
10 | by the State Board of Education in consultation | ||||||
11 | with the State Educator Preparation and Licensure | ||||||
12 | Board. | ||||||
13 | A provisional in-state educator endorsement on an | ||||||
14 | Educator License with Stipulations is valid for one | ||||||
15 | full fiscal year after the date of issuance and may not | ||||||
16 | be renewed. | ||||||
17 | (M) School support personnel intern. A school | ||||||
18 | support personnel intern endorsement on an Educator | ||||||
19 | License with Stipulations may be issued as specified by | ||||||
20 | rule. | ||||||
21 | (N) Special education area. A special education | ||||||
22 | area endorsement on an Educator License with | ||||||
23 | Stipulations may be issued as defined and specified by | ||||||
24 | rule. | ||||||
25 | (3) Substitute Teaching License. A Substitute Teaching | ||||||
26 | License may be issued to qualified applicants for |
| |||||||
| |||||||
1 | substitute teaching in all grades of the public schools, | ||||||
2 | prekindergarten through grade 12. Substitute Teaching | ||||||
3 | Licenses are not eligible for endorsements. Applicants for | ||||||
4 | a Substitute Teaching License must hold a bachelor's degree | ||||||
5 | or higher from a regionally accredited institution of | ||||||
6 | higher education. | ||||||
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 Substitute | ||||||
13 | 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 district | ||||||
18 | may employ a substitute teacher for no longer than 30 | ||||||
19 | calendar days per each vacant position in the district if | ||||||
20 | the district notifies the appropriate regional office of | ||||||
21 | education within 5 business days after the employment of | ||||||
22 | the substitute teacher in the emergency situation. An | ||||||
23 | emergency situation is one in which an unforeseen vacancy | ||||||
24 | has occurred and (i) a teacher is unable to fulfill his or | ||||||
25 | her contractual duties or (ii) teacher capacity needs of | ||||||
26 | the district exceed previous indications, and the district |
| |||||||
| |||||||
1 | is actively engaged in advertising to hire a fully licensed | ||||||
2 | teacher for the vacant position. | ||||||
3 | There is no limit on the number of days that a | ||||||
4 | substitute teacher may teach in a single school district, | ||||||
5 | provided that no substitute teacher may teach for longer | ||||||
6 | than 90 school days for any one licensed teacher under | ||||||
7 | contract in the same school year. A substitute teacher who | ||||||
8 | holds a Professional Educator License or Educator License | ||||||
9 | with Stipulations shall not teach for more than 120 school | ||||||
10 | days for any one licensed teacher under contract in the | ||||||
11 | same school year. The limitations in this paragraph (3) on | ||||||
12 | the number of days a substitute teacher may be employed do | ||||||
13 | not apply to any school district operating under Article 34 | ||||||
14 | of this Code. | ||||||
15 | A school district may not require an individual who | ||||||
16 | holds a valid Professional Educator License or Educator | ||||||
17 | License with Stipulations to seek or hold a Substitute | ||||||
18 | Teaching License to teach as a substitute teacher. | ||||||
19 | (4) Short-Term Substitute Teaching License. Beginning | ||||||
20 | on July 1, 2018 and until June 30, 2023, the State Board of | ||||||
21 | Education may issue a Short-Term Substitute Teaching | ||||||
22 | License. A Short-Term Substitute Teaching License may be | ||||||
23 | issued to a qualified applicant for substitute teaching in | ||||||
24 | all grades of the public schools, prekindergarten through | ||||||
25 | grade 12. Short-Term Substitute Teaching Licenses are not | ||||||
26 | eligible for endorsements. Applicants for a Short-Term |
| |||||||
| |||||||
1 | Substitute Teaching License must hold an associate's | ||||||
2 | degree or have completed at least 60 credit hours from a | ||||||
3 | regionally accredited institution of higher education. | ||||||
4 | Short-Term Substitute Teaching Licenses are valid for | ||||||
5 | substitute teaching in every county of this State. If an | ||||||
6 | individual has had his or her Professional Educator License | ||||||
7 | or Educator License with Stipulations suspended or | ||||||
8 | revoked, then that individual is not eligible to obtain a | ||||||
9 | Short-Term Substitute Teaching License. | ||||||
10 | The provisions of Sections 10-21.9 and 34-18.5 of this | ||||||
11 | Code apply to short-term substitute teachers. | ||||||
12 | An individual holding a Short-Term Substitute Teaching | ||||||
13 | License may teach no more than 5 consecutive days per | ||||||
14 | licensed teacher who is under contract. For teacher | ||||||
15 | absences lasting 6 or more days per licensed teacher who is | ||||||
16 | under contract, a school district may not hire an | ||||||
17 | individual holding a Short-Term Substitute Teaching | ||||||
18 | License. An individual holding a Short-Term Substitute | ||||||
19 | Teaching License must complete the training program under | ||||||
20 | Section 10-20.67 or 34-18.60 of this Code to be eligible to | ||||||
21 | teach at a public school. This paragraph (4) is inoperative | ||||||
22 | on and after July 1, 2023.
| ||||||
23 | (Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, | ||||||
24 | eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8, | ||||||
25 | eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17; | ||||||
26 | 100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff. |
| |||||||
| |||||||
1 | 8-14-18; revised 10-1-18.) | ||||||
2 | (105 ILCS 5/21B-25) | ||||||
3 | Sec. 21B-25. Endorsement on licenses. All licenses issued | ||||||
4 | under paragraph (1) of Section 21B-20 of this Code shall be | ||||||
5 | specifically endorsed by the State Board of Education for each | ||||||
6 | content area, school support area, and administrative area for | ||||||
7 | which the holder of the license is qualified. Recognized | ||||||
8 | institutions approved to offer educator preparation programs | ||||||
9 | shall be trained to add endorsements to licenses issued to | ||||||
10 | applicants who meet all of the requirements for the endorsement | ||||||
11 | or endorsements, including passing any required tests. The | ||||||
12 | State Superintendent of Education shall randomly audit | ||||||
13 | institutions to ensure that all rules and standards are being | ||||||
14 | followed for entitlement or when endorsements are being | ||||||
15 | recommended. | ||||||
16 | (1) The State Board of Education, in consultation with | ||||||
17 | the State Educator Preparation and Licensure Board, shall | ||||||
18 | establish, by rule, the grade level and subject area | ||||||
19 | endorsements to be added to the Professional Educator | ||||||
20 | License. These rules shall outline the requirements for | ||||||
21 | obtaining each endorsement. | ||||||
22 | (2) In addition to any and all grade level and content | ||||||
23 | area endorsements developed by rule, the State Board of | ||||||
24 | Education, in consultation with the State Educator | ||||||
25 | Preparation and Licensure Board, shall develop the |
| |||||||
| |||||||
1 | requirements for the following endorsements: | ||||||
2 | (A) (Blank). | ||||||
3 | (B) Principal endorsement. A principal endorsement | ||||||
4 | shall be affixed to a Professional Educator License of | ||||||
5 | any holder who qualifies by having all of the | ||||||
6 | following: | ||||||
7 | (i) Successful completion of a principal | ||||||
8 | preparation program approved in accordance with | ||||||
9 | Section 21B-60 of this Code and any applicable | ||||||
10 | rules. | ||||||
11 | (ii) At least 4 total years of teaching or 4 | ||||||
12 | total years of working in the capacity of school | ||||||
13 | support personnel in an Illinois public school or | ||||||
14 | nonpublic school recognized by the State Board of | ||||||
15 | Education, in a school under the supervision of the | ||||||
16 | Department of Corrections, or in an out-of-state | ||||||
17 | public school or out-of-state nonpublic school | ||||||
18 | meeting out-of-state recognition standards | ||||||
19 | comparable to those approved by the State | ||||||
20 | Superintendent of Education; however, the State | ||||||
21 | Board of Education, in consultation with the State | ||||||
22 | Educator Preparation and Licensure Board, shall | ||||||
23 | allow, by rules, for fewer than 4 years of | ||||||
24 | experience based on meeting standards set forth in | ||||||
25 | such rules, including without limitation a review | ||||||
26 | of performance evaluations or other evidence of |
| |||||||
| |||||||
1 | demonstrated qualifications. | ||||||
2 | (iii) A master's degree or higher from a | ||||||
3 | regionally accredited college or university. | ||||||
4 | (C) Chief school business official endorsement. A | ||||||
5 | chief school business official endorsement shall be | ||||||
6 | affixed to the Professional Educator License of any | ||||||
7 | holder who qualifies by having a master's degree or | ||||||
8 | higher, 2 years of full-time administrative experience | ||||||
9 | in school business management or 2 years of | ||||||
10 | university-approved practical experience, and a | ||||||
11 | minimum of 24 semester hours of graduate credit in a | ||||||
12 | program approved by the State Board of Education for | ||||||
13 | the preparation of school business administrators and | ||||||
14 | by passage of the applicable State tests. The chief | ||||||
15 | school business official endorsement may also be | ||||||
16 | affixed to the Professional Educator License of any | ||||||
17 | holder who qualifies by having a master's degree in | ||||||
18 | business administration, finance, accounting, or | ||||||
19 | public administration and who completes an additional | ||||||
20 | 6 semester hours of internship in school business | ||||||
21 | management from a regionally accredited institution of | ||||||
22 | higher education and passes the applicable State | ||||||
23 | tests. This endorsement shall be required for any | ||||||
24 | individual employed as a chief school business | ||||||
25 | official. | ||||||
26 | (D) Superintendent endorsement. A superintendent |
| |||||||
| |||||||
1 | endorsement shall be affixed to the Professional | ||||||
2 | Educator License of any holder who has completed a | ||||||
3 | program approved by the State Board of Education for | ||||||
4 | the preparation of superintendents of schools, has had | ||||||
5 | at least 2 years of experience employed full-time in a | ||||||
6 | general administrative position or as a full-time | ||||||
7 | principal, director of special education, or chief | ||||||
8 | school business official in the public schools or in a | ||||||
9 | State-recognized nonpublic school in which the chief | ||||||
10 | administrator is required to have the licensure | ||||||
11 | necessary to be a principal in a public school in this | ||||||
12 | State and where a majority of the teachers are required | ||||||
13 | to have the licensure necessary to be instructors in a | ||||||
14 | public school in this State, and has passed the | ||||||
15 | required State tests; or of any holder who has | ||||||
16 | completed a program that is not an Illinois-approved | ||||||
17 | educator preparation program at an Illinois | ||||||
18 | institution of higher education and that has | ||||||
19 | recognition standards comparable to those approved by | ||||||
20 | the State Superintendent of Education and holds the | ||||||
21 | general administrative, principal, or chief school | ||||||
22 | business official endorsement and who has had 2 years | ||||||
23 | of experience as a principal, director of special | ||||||
24 | education, or chief school business official while | ||||||
25 | holding a valid educator license or certificate | ||||||
26 | comparable in validity and educational and experience |
| |||||||
| |||||||
1 | requirements and has passed the appropriate State | ||||||
2 | tests, as provided in Section 21B-30 of this Code. The | ||||||
3 | superintendent endorsement shall allow individuals to | ||||||
4 | serve only as a superintendent or assistant | ||||||
5 | superintendent. | ||||||
6 | (E) Teacher leader endorsement. It shall be the | ||||||
7 | policy of this State to improve the quality of | ||||||
8 | instructional leaders by providing a career pathway | ||||||
9 | for teachers interested in serving in leadership | ||||||
10 | roles, but not as principals. The State Board of | ||||||
11 | Education, in consultation with the State Educator | ||||||
12 | Preparation and Licensure Board, may issue a teacher | ||||||
13 | leader endorsement under this subdivision (E). Persons | ||||||
14 | who meet and successfully complete the requirements of | ||||||
15 | the endorsement shall be issued a teacher leader | ||||||
16 | endorsement on the Professional Educator License for | ||||||
17 | serving in schools in this State. Teacher leaders may | ||||||
18 | qualify to serve in such positions as department | ||||||
19 | chairs, coaches, mentors, curriculum and instruction | ||||||
20 | leaders, or other leadership positions as defined by | ||||||
21 | the district. The endorsement shall be available to | ||||||
22 | those teachers who (i) hold a Professional Educator | ||||||
23 | License, (ii) hold a master's degree or higher from a | ||||||
24 | regionally accredited institution, (iii) have | ||||||
25 | completed a program of study that has been approved by | ||||||
26 | the State Board of Education, in consultation with the |
| |||||||
| |||||||
1 | State Educator Preparation and Licensure Board, and | ||||||
2 | (iv) have successfully demonstrated competencies as | ||||||
3 | defined by rule. | ||||||
4 | A teacher who meets the requirements set forth in | ||||||
5 | this Section and holds a teacher leader endorsement may | ||||||
6 | evaluate teachers pursuant to Section 24A-5 of this | ||||||
7 | Code, provided that the individual has completed the | ||||||
8 | evaluation component required by Section 24A-3 of this | ||||||
9 | Code and a teacher leader is allowed to evaluate | ||||||
10 | personnel under the respective school district's | ||||||
11 | collective bargaining agreement. | ||||||
12 | The State Board of Education, in consultation with | ||||||
13 | the State Educator Preparation and Licensure Board, | ||||||
14 | may adopt such rules as may be necessary to establish | ||||||
15 | and implement the teacher leader endorsement program | ||||||
16 | and to specify the positions for which this endorsement | ||||||
17 | shall be required. | ||||||
18 | (F) Special education endorsement. A special | ||||||
19 | education endorsement in one or more areas shall be | ||||||
20 | affixed to a Professional Educator License for any | ||||||
21 | individual that meets those requirements established | ||||||
22 | by the State Board of Education in rules. Special | ||||||
23 | education endorsement areas shall include without | ||||||
24 | limitation the following: | ||||||
25 | (i) Learning Behavior Specialist I; | ||||||
26 | (ii) Learning Behavior Specialist II; |
| |||||||
| |||||||
1 | (iii) Speech Language Pathologist; | ||||||
2 | (iv) Blind or Visually Impaired; | ||||||
3 | (v) Deaf-Hard of Hearing; | ||||||
4 | (vi) Early Childhood Special Education; and | ||||||
5 | (vii) Director of Special Education. | ||||||
6 | Notwithstanding anything in this Code to the contrary, | ||||||
7 | the State Board of Education, in consultation with the | ||||||
8 | State Educator Preparation and Licensure Board, may | ||||||
9 | add additional areas of special education by rule. | ||||||
10 | (G) School support personnel endorsement. School | ||||||
11 | support personnel endorsement areas shall include, but | ||||||
12 | are not limited to, school counselor, marriage and | ||||||
13 | family therapist, school psychologist, school speech | ||||||
14 | and language pathologist, school nurse, and school | ||||||
15 | social worker. This endorsement is for individuals who | ||||||
16 | are not teachers or administrators, but still require | ||||||
17 | licensure to work in an instructional support position | ||||||
18 | in a public or State-operated elementary school, | ||||||
19 | secondary school, or cooperative or joint agreement | ||||||
20 | with a governing body or board of control or a charter | ||||||
21 | school operating in compliance with the Charter | ||||||
22 | Schools Law. The school support personnel endorsement | ||||||
23 | shall be affixed to the Professional Educator License | ||||||
24 | and shall meet all of the requirements established in | ||||||
25 | any rules adopted to implement this subdivision (G). | ||||||
26 | The holder of such an endorsement is entitled to all of |
| |||||||
| |||||||
1 | the rights and privileges granted holders of any other | ||||||
2 | Professional Educator License, including teacher | ||||||
3 | benefits, compensation, and working conditions.
| ||||||
4 | (Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16; | ||||||
5 | 99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff. | ||||||
6 | 8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780, | ||||||
7 | eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)
| ||||||
8 | (105 ILCS 5/21B-30)
| ||||||
9 | Sec. 21B-30. Educator testing. | ||||||
10 | (a) This Section applies beginning on July 1, 2012. | ||||||
11 | (b) The State Board of Education, in consultation with the | ||||||
12 | State Educator Preparation and Licensure Board, shall design | ||||||
13 | and implement a system of examinations, which shall be required | ||||||
14 | prior to the issuance of educator licenses. These examinations | ||||||
15 | and indicators must be based on national and State professional | ||||||
16 | teaching standards, as determined by the State Board of | ||||||
17 | Education, in consultation with the State Educator Preparation | ||||||
18 | and Licensure Board. The State Board of Education may adopt | ||||||
19 | such rules as may be necessary to implement and administer this | ||||||
20 | Section. | ||||||
21 | (c) (Blank). Except as otherwise provided in this Article, | ||||||
22 | applicants seeking a Professional Educator License or an | ||||||
23 | Educator License with Stipulations shall be required to pass a | ||||||
24 | test of basic skills before the license is issued, unless the | ||||||
25 | endorsement the individual is seeking does not require passage |
| |||||||
| |||||||
1 | of the test. All applicants completing Illinois-approved, | ||||||
2 | teacher education or school service personnel preparation | ||||||
3 | programs shall be required to pass the State Board of | ||||||
4 | Education's recognized test of basic skills prior to starting | ||||||
5 | their student teaching or starting the final semester of their | ||||||
6 | internship. An institution of higher learning, as defined in | ||||||
7 | the Higher Education Student Assistance Act, may not require an | ||||||
8 | applicant to complete the State Board's recognized test of | ||||||
9 | basic skills prior to the semester before student teaching or | ||||||
10 | prior to the semester before starting the final semester of an | ||||||
11 | internship. An individual who passes a test of basic skills | ||||||
12 | does not need to do so again for subsequent endorsements or | ||||||
13 | other educator licenses. | ||||||
14 | (d) All applicants seeking a State license shall be | ||||||
15 | required to pass a test of content area knowledge for each area | ||||||
16 | of endorsement for which there is an applicable test. There | ||||||
17 | shall be no exception to this requirement. No candidate shall | ||||||
18 | be allowed to student teach or serve as the teacher of record | ||||||
19 | until he or she has passed the applicable content area test. | ||||||
20 | (e) (Blank). | ||||||
21 | (f) Except as otherwise provided in this Article, beginning | ||||||
22 | on September 1, 2015, all candidates completing teacher | ||||||
23 | preparation programs in this State and all candidates subject | ||||||
24 | to Section 21B-35 of this Code are required to pass a teacher | ||||||
25 | performance assessment approved by the State Board of | ||||||
26 | Education, in consultation with the State Educator Preparation |
| |||||||
| |||||||
1 | and Licensure Board. Subject to appropriation, an individual | ||||||
2 | who holds a Professional Educator License and is employed for a | ||||||
3 | minimum of one school year by a school district designated as | ||||||
4 | Tier 1 under Section 18-8.15 may, after application to the | ||||||
5 | State Board, receive from the State Board a refund for any | ||||||
6 | costs associated with completing the teacher performance | ||||||
7 | assessment under this subsection. | ||||||
8 | (g) The Tests of basic skills and content area knowledge | ||||||
9 | test and the teacher performance assessment shall be the tests | ||||||
10 | that from time to time are designated by the State Board of | ||||||
11 | Education, in consultation with the State Educator Preparation | ||||||
12 | and Licensure Board, and may be tests prepared by an | ||||||
13 | educational testing organization or tests designed by the State | ||||||
14 | Board of Education, in consultation with the State Educator | ||||||
15 | Preparation and Licensure Board. The areas to be covered by a | ||||||
16 | test of basic skills shall include reading, language arts, and | ||||||
17 | mathematics. The test of content area knowledge shall assess | ||||||
18 | content knowledge in a specific subject field. The tests must | ||||||
19 | be designed to be racially neutral to ensure that no person | ||||||
20 | taking the tests is discriminated against on the basis of race, | ||||||
21 | color, national origin, or other factors unrelated to the | ||||||
22 | person's ability to perform as a licensed employee. The score | ||||||
23 | required to pass the tests shall be fixed by the State Board of | ||||||
24 | Education, in consultation with the State Educator Preparation | ||||||
25 | and Licensure Board. The tests shall be administered not fewer | ||||||
26 | than 3 times a year at such time and place as may be designated |
| |||||||
| |||||||
1 | by the State Board of Education, in consultation with the State | ||||||
2 | Educator Preparation and Licensure Board. | ||||||
3 | The State Board shall implement a test or tests to assess | ||||||
4 | the speaking, reading, writing, and grammar skills of | ||||||
5 | applicants for an endorsement or a license issued under | ||||||
6 | subdivision (G) of paragraph (2) of Section 21B-20 of this Code | ||||||
7 | in the English language and in the language of the transitional | ||||||
8 | bilingual education program requested by the applicant. | ||||||
9 | (h) Except as provided in Section 34-6 of this Code, the | ||||||
10 | provisions of this Section shall apply equally in any school | ||||||
11 | district subject to Article 34 of this Code. | ||||||
12 | (i) The rules developed to implement and enforce the | ||||||
13 | testing requirements under this Section shall include without | ||||||
14 | limitation provisions governing test selection, test | ||||||
15 | validation and determination of a passing score, | ||||||
16 | administration of the tests, frequency of administration, | ||||||
17 | applicant fees, frequency of applicants taking the tests, the | ||||||
18 | years for which a score is valid, and appropriate special | ||||||
19 | accommodations. The State Board of Education shall develop such | ||||||
20 | rules as may be needed to ensure uniformity from year to year | ||||||
21 | in the level of difficulty for each form of an assessment.
| ||||||
22 | (Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16; | ||||||
23 | 99-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff. | ||||||
24 | 8-14-18; 100-932, eff. 8-17-18; revised 10-1-18.) | ||||||
25 | (105 ILCS 5/21B-35) |
| |||||||
| |||||||
1 | Sec. 21B-35. Minimum requirements for educators trained in | ||||||
2 | other states or countries. | ||||||
3 | (a) Any applicant who has not been entitled by an | ||||||
4 | Illinois-approved educator preparation program at an Illinois | ||||||
5 | institution of higher education applying for a Professional | ||||||
6 | Educator License endorsed in a teaching field or school support | ||||||
7 | personnel area must meet the following requirements: | ||||||
8 | (1) the applicant must: | ||||||
9 | (A) hold a comparable and valid educator license or | ||||||
10 | certificate, as defined by rule, with similar grade | ||||||
11 | level and content area credentials from another state, | ||||||
12 | with the State Board of Education having the authority | ||||||
13 | to determine what constitutes similar grade level and | ||||||
14 | content area credentials from another state; and | ||||||
15 | (B) have a bachelor's degree from a regionally | ||||||
16 | accredited institution of higher education; or | ||||||
17 | (2) the applicant must: | ||||||
18 | (A) have completed a state-approved program for | ||||||
19 | the licensure area sought, including coursework | ||||||
20 | concerning methods of instruction of the exceptional | ||||||
21 | child, methods of reading and reading in the content | ||||||
22 | area, and instructional strategies for English | ||||||
23 | learners; | ||||||
24 | (B) have a bachelor's degree from a regionally | ||||||
25 | accredited institution of higher education; | ||||||
26 | (C) have successfully met all Illinois examination |
| |||||||
| |||||||
1 | requirements, except that: | ||||||
2 | (i) (blank); an applicant who has successfully | ||||||
3 | completed a test of basic skills, as defined by | ||||||
4 | rules, at the time of initial licensure in another | ||||||
5 | state is not required to complete a test of basic | ||||||
6 | skills; | ||||||
7 | (ii) an applicant who has successfully | ||||||
8 | completed a test of content, as defined by rules, | ||||||
9 | at the time of initial licensure in another state | ||||||
10 | is not required to complete a test of content; and | ||||||
11 | (iii) an applicant for a teaching endorsement | ||||||
12 | who has successfully completed an evidence-based | ||||||
13 | assessment of teacher effectiveness, as defined by | ||||||
14 | rules, at the time of initial licensure in another | ||||||
15 | state is not required to complete an | ||||||
16 | evidence-based assessment of teacher | ||||||
17 | effectiveness; and | ||||||
18 | (D) for an applicant for a teaching endorsement, | ||||||
19 | have completed student teaching or an equivalent | ||||||
20 | experience or, for an applicant for a school service | ||||||
21 | personnel endorsement, have completed an internship or | ||||||
22 | an equivalent experience. | ||||||
23 | (b) In order to receive a Professional Educator License | ||||||
24 | endorsed in a teaching field or school support personnel area, | ||||||
25 | applicants trained in another country must meet all of the | ||||||
26 | following requirements: |
| |||||||
| |||||||
1 | (1) Have completed a comparable education program in | ||||||
2 | another country. | ||||||
3 | (2) Have had transcripts evaluated by an evaluation | ||||||
4 | service approved by the State Superintendent of Education. | ||||||
5 | (3) Have a degree comparable to a degree from a | ||||||
6 | regionally accredited institution of higher education. | ||||||
7 | (4) Have completed coursework aligned to standards | ||||||
8 | concerning methods of instruction of the exceptional | ||||||
9 | child, methods of reading and reading in the content area, | ||||||
10 | and instructional strategies for English learners. | ||||||
11 | (5) (Blank). | ||||||
12 | (6) (Blank). | ||||||
13 | (7) Have successfully met all State licensure | ||||||
14 | examination requirements. Applicants who have successfully | ||||||
15 | completed a test of basic skills, as defined by rules, at | ||||||
16 | the time of initial licensure in another country shall not | ||||||
17 | be required to complete a test of basic skills. Applicants | ||||||
18 | who have successfully completed a test of content, as | ||||||
19 | defined by rules, at the time of initial licensure in | ||||||
20 | another country shall not be required to complete a test of | ||||||
21 | content. Applicants for a teaching endorsement who have | ||||||
22 | successfully completed an evidence-based assessment of | ||||||
23 | teacher effectiveness, as defined by rules, at the time of | ||||||
24 | initial licensure in another country shall not be required | ||||||
25 | to complete an evidence-based assessment of teacher | ||||||
26 | effectiveness. |
| |||||||
| |||||||
1 | (8) Have completed student teaching or an equivalent | ||||||
2 | experience. | ||||||
3 | (b-5) All applicants who have not been entitled by an | ||||||
4 | Illinois-approved educator preparation program at an Illinois | ||||||
5 | institution of higher education and applicants trained in | ||||||
6 | another country applying for a Professional Educator License | ||||||
7 | endorsed for principal or superintendent must hold a master's | ||||||
8 | degree from a regionally accredited institution of higher | ||||||
9 | education and must hold a comparable and valid educator license | ||||||
10 | or certificate with similar grade level and subject matter | ||||||
11 | credentials, with the State Board of Education having the | ||||||
12 | authority to determine what constitutes similar grade level and | ||||||
13 | subject matter credentials from another state, or must meet all | ||||||
14 | of the following requirements: | ||||||
15 | (1) Have completed an educator preparation program | ||||||
16 | approved by another state or comparable educator program in | ||||||
17 | another country leading to the receipt of a license or | ||||||
18 | certificate for the Illinois endorsement sought. | ||||||
19 | (2) Have successfully met all State licensure | ||||||
20 | examination requirements, as required by Section 21B-30 of | ||||||
21 | this Code. Applicants who have successfully completed a | ||||||
22 | test of basic skills, as defined by rules, at the time of | ||||||
23 | initial licensure in another state or country shall not be | ||||||
24 | required to complete a test of basic skills. Applicants who | ||||||
25 | have successfully completed a test of content, as defined | ||||||
26 | by rules, at the time of initial licensure in another state |
| |||||||
| |||||||
1 | or country shall not be required to complete a test of | ||||||
2 | content. | ||||||
3 | (2.5) Have completed an internship, as defined by rule. | ||||||
4 | (3) (Blank). | ||||||
5 | (4) Have completed coursework aligned to standards | ||||||
6 | concerning methods of instruction of the exceptional | ||||||
7 | child, methods of reading and reading in the content area, | ||||||
8 | and instructional strategies for English learners. | ||||||
9 | (5) Have completed a master's degree. | ||||||
10 | (6) Have successfully completed teaching, school | ||||||
11 | support, or administrative experience as defined by rule. | ||||||
12 | (b-7) All applicants who have not been entitled by an | ||||||
13 | Illinois-approved educator preparation program at an Illinois | ||||||
14 | institution of higher education applying for a Professional | ||||||
15 | Educator License endorsed for Director of Special Education | ||||||
16 | must hold a master's degree from a regionally accredited | ||||||
17 | institution of higher education and must hold a comparable and | ||||||
18 | valid educator license or certificate with similar grade level | ||||||
19 | and subject matter credentials, with the State Board of | ||||||
20 | Education having the authority to determine what constitutes | ||||||
21 | similar grade level and subject matter credentials from another | ||||||
22 | state, or must meet all of the following requirements: | ||||||
23 | (1) Have completed a master's degree. | ||||||
24 | (2) Have 2 years of full-time experience providing | ||||||
25 | special education services. | ||||||
26 | (3) Have successfully completed all examination |
| |||||||
| |||||||
1 | requirements, as required by Section 21B-30 of this Code. | ||||||
2 | Applicants who have successfully completed a test of | ||||||
3 | content, as identified by rules, at the time of initial | ||||||
4 | licensure in another state or country shall not be required | ||||||
5 | to complete a test of content. | ||||||
6 | (4) Have completed coursework aligned to standards | ||||||
7 | concerning methods of instruction of the exceptional | ||||||
8 | child, methods of reading and reading in the content area, | ||||||
9 | and instructional strategies for English learners. | ||||||
10 | (b-10) All applicants who have not been entitled by an | ||||||
11 | Illinois-approved educator preparation program at an Illinois | ||||||
12 | institution of higher education applying for a Professional | ||||||
13 | Educator License endorsed for chief school business official | ||||||
14 | must hold a master's degree from a regionally accredited | ||||||
15 | institution of higher education and must hold a comparable and | ||||||
16 | valid educator license or certificate with similar grade level | ||||||
17 | and subject matter credentials, with the State Board of | ||||||
18 | Education having the authority to determine what constitutes | ||||||
19 | similar grade level and subject matter credentials from another | ||||||
20 | state, or must meet all of the following requirements: | ||||||
21 | (1) Have completed a master's degree in school business | ||||||
22 | management, finance, or accounting. | ||||||
23 | (2) Have successfully completed an internship in | ||||||
24 | school business management or have 2 years of experience as | ||||||
25 | a school business administrator. | ||||||
26 | (3) Have successfully met all State examination |
| |||||||
| |||||||
1 | requirements, as required by Section 21B-30 of this Code. | ||||||
2 | Applicants who have successfully completed a test of | ||||||
3 | content, as identified by rules, at the time of initial | ||||||
4 | licensure in another state or country shall not be required | ||||||
5 | to complete a test of content. | ||||||
6 | (4) Have completed modules aligned to standards | ||||||
7 | concerning methods of instruction of the exceptional | ||||||
8 | child, methods of reading and reading in the content area, | ||||||
9 | and instructional strategies for English learners. | ||||||
10 | (c) The State Board of Education, in consultation with the | ||||||
11 | State Educator Preparation and Licensure Board, may adopt such | ||||||
12 | rules as may be necessary to implement this Section.
| ||||||
13 | (Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 100-13, | ||||||
14 | eff. 7-1-17; 100-584, eff. 4-6-18; 100-596, eff. 7-1-18.) | ||||||
15 | (105 ILCS 5/21B-50) | ||||||
16 | Sec. 21B-50. Alternative educator licensure program. | ||||||
17 | (a) There is established an alternative educator licensure | ||||||
18 | program, to be known as the Alternative Educator Licensure | ||||||
19 | Program for Teachers. | ||||||
20 | (b) The Alternative Educator Licensure Program for | ||||||
21 | Teachers may be offered by a recognized institution approved to | ||||||
22 | offer educator preparation programs by the State Board of | ||||||
23 | Education, in consultation with the State Educator Preparation | ||||||
24 | and Licensure Board. | ||||||
25 | The program shall be comprised of 4 phases: |
| |||||||
| |||||||
1 | (1) A course of study that at a minimum includes | ||||||
2 | instructional planning; instructional strategies, | ||||||
3 | including special education, reading, and English language | ||||||
4 | learning; classroom management; and the assessment of | ||||||
5 | students and use of data to drive instruction. | ||||||
6 | (2) A year of residency, which is a candidate's | ||||||
7 | assignment to a full-time teaching position or as a | ||||||
8 | co-teacher for one full school year. An individual must | ||||||
9 | hold an Educator License with Stipulations with an | ||||||
10 | alternative provisional educator endorsement in order to | ||||||
11 | enter the residency and must complete additional program | ||||||
12 | requirements that address required State and national | ||||||
13 | standards, pass the assessment of professional teaching | ||||||
14 | before entering the second residency year, as required | ||||||
15 | under phase (3) of this subsection (b), and be recommended | ||||||
16 | by the principal or qualified equivalent of a principal, as | ||||||
17 | required under subsection (d) of this Section, and the | ||||||
18 | program coordinator to continue with the second year of the | ||||||
19 | residency. | ||||||
20 | (3) A second year of residency, which shall include the | ||||||
21 | candidate's assignment to a full-time teaching position | ||||||
22 | for one school year. The candidate must be assigned an | ||||||
23 | experienced teacher to act as a mentor and coach the | ||||||
24 | candidate through the second year of residency. | ||||||
25 | (4) A comprehensive assessment of the candidate's | ||||||
26 | teaching effectiveness, as evaluated by the principal or |
| |||||||
| |||||||
1 | qualified equivalent of a principal, as required under | ||||||
2 | subsection (d) of this Section, and the program | ||||||
3 | coordinator, at the end of the second year of residency. If | ||||||
4 | there is disagreement between the 2 evaluators about the | ||||||
5 | candidate's teaching effectiveness, the candidate may | ||||||
6 | complete one additional year of residency teaching under a | ||||||
7 | professional development plan developed by the principal | ||||||
8 | or qualified equivalent and the preparation program. At the | ||||||
9 | completion of the third year, a candidate must have | ||||||
10 | positive evaluations and a recommendation for full | ||||||
11 | licensure from both the principal or qualified equivalent | ||||||
12 | and the program coordinator or no Professional Educator | ||||||
13 | License shall be issued. | ||||||
14 | Successful completion of the program shall be deemed to | ||||||
15 | satisfy any other practice or student teaching and content | ||||||
16 | matter requirements established by law. | ||||||
17 | (c) An alternative provisional educator endorsement on an | ||||||
18 | Educator License with Stipulations is valid for 2 years of | ||||||
19 | teaching in the public schools, including without limitation a | ||||||
20 | preschool educational program under Section 2-3.71 of this Code | ||||||
21 | or charter school, or in a State-recognized nonpublic school in | ||||||
22 | which the chief administrator is required to have the licensure | ||||||
23 | necessary to be a principal in a public school in this State | ||||||
24 | and in which a majority of the teachers are required to have | ||||||
25 | the licensure necessary to be instructors in a public school in | ||||||
26 | this State, but may be renewed for a third year if needed to |
| |||||||
| |||||||
1 | complete the Alternative Educator Licensure Program for | ||||||
2 | Teachers. The endorsement shall be issued only once to an | ||||||
3 | individual who meets all of the following requirements: | ||||||
4 | (1) Has graduated from a regionally accredited college | ||||||
5 | or university with a bachelor's degree or higher. | ||||||
6 | (2) Has a cumulative grade point average of 3.0 or | ||||||
7 | greater on a 4.0 scale or its equivalent on another scale. | ||||||
8 | (3) Has completed a major in the content area if | ||||||
9 | seeking a middle or secondary level endorsement or, if | ||||||
10 | seeking an early childhood, elementary, or special | ||||||
11 | education endorsement, has completed a major in the content | ||||||
12 | area of reading, English/language arts, mathematics, or | ||||||
13 | one of the sciences. If the individual does not have a | ||||||
14 | major in a content area for any level of teaching, he or | ||||||
15 | she must submit transcripts to the State Board of Education | ||||||
16 | to be reviewed for equivalency. | ||||||
17 | (4) Has successfully completed phase (1) of subsection | ||||||
18 | (b) of this Section. | ||||||
19 | (5) Has passed a test of basic skills and content area | ||||||
20 | test required for the specific endorsement for admission | ||||||
21 | into the program, as required under Section 21B-30 of this | ||||||
22 | Code. | ||||||
23 | A candidate possessing the alternative provisional | ||||||
24 | educator endorsement may receive a salary, benefits, and any | ||||||
25 | other terms of employment offered to teachers in the school who | ||||||
26 | are members of an exclusive bargaining representative, if any, |
| |||||||
| |||||||
1 | but a school is not required to provide these benefits during | ||||||
2 | the years of residency if the candidate is serving only as a | ||||||
3 | co-teacher. If the candidate is serving as the teacher of | ||||||
4 | record, the candidate must receive a salary, benefits, and any | ||||||
5 | other terms of employment. Residency experiences must not be | ||||||
6 | counted towards tenure. | ||||||
7 | (d) The recognized institution offering the Alternative | ||||||
8 | Educator Licensure Program for Teachers must partner with a | ||||||
9 | school district, including without limitation a preschool | ||||||
10 | educational program under Section 2-3.71 of this Code or | ||||||
11 | charter school, or a State-recognized, nonpublic school in this | ||||||
12 | State in which the chief administrator is required to have the | ||||||
13 | licensure necessary to be a principal in a public school in | ||||||
14 | this State and in which a majority of the teachers are required | ||||||
15 | to have the licensure necessary to be instructors in a public | ||||||
16 | school in this State. A recognized institution that partners | ||||||
17 | with a public school district administering a preschool | ||||||
18 | educational program under Section 2-3.71 of this Code must | ||||||
19 | require a principal to recommend or evaluate candidates in the | ||||||
20 | program. A recognized institution that partners with an | ||||||
21 | eligible entity administering a preschool educational program | ||||||
22 | under Section 2-3.71 of this Code and that is not a public | ||||||
23 | school district must require a principal or qualified | ||||||
24 | equivalent of a principal to recommend or evaluate candidates | ||||||
25 | in the program. The program presented for approval by the State | ||||||
26 | Board of Education must demonstrate the supports that are to be |
| |||||||
| |||||||
1 | provided to assist the provisional teacher during the 2-year | ||||||
2 | residency period. These supports must provide additional | ||||||
3 | contact hours with mentors during the first year of residency. | ||||||
4 | (e) Upon completion of the 4 phases outlined in subsection | ||||||
5 | (b) of this Section and all assessments required under Section | ||||||
6 | 21B-30 of this Code, an individual shall receive a Professional | ||||||
7 | Educator License. | ||||||
8 | (f) The State Board of Education, in consultation with the | ||||||
9 | State Educator Preparation and Licensure Board, may adopt such | ||||||
10 | rules as may be necessary to establish and implement the | ||||||
11 | Alternative Educator Licensure Program for Teachers.
| ||||||
12 | (Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18; | ||||||
13 | 100-822, eff. 1-1-19 .) | ||||||
14 | (105 ILCS 5/21B-55) | ||||||
15 | Sec. 21B-55. Alternative route to superintendent | ||||||
16 | endorsement. | ||||||
17 | (a) The State Board of Education, in consultation with the | ||||||
18 | State Educator Preparation and Licensure Board, may approve | ||||||
19 | programs designed to provide an alternative route to | ||||||
20 | superintendent endorsement on a Professional Educator License. | ||||||
21 | (b) Entities offering an alternative route to | ||||||
22 | superintendent endorsement program must have the program | ||||||
23 | approved by the State Board of Education, in consultation with | ||||||
24 | the State Educator Preparation and Licensure Board. | ||||||
25 | (c) All programs approved under this Section shall be |
| |||||||
| |||||||
1 | comprised of the following 3 phases: | ||||||
2 | (1) A course of study offered on an intensive basis in | ||||||
3 | education management, governance, organization, and | ||||||
4 | instructional and district planning. | ||||||
5 | (2) The person's assignment to a full-time position for | ||||||
6 | one school year as a superintendent. | ||||||
7 | (3) A comprehensive assessment of the person's | ||||||
8 | performance by school officials and a recommendation to the | ||||||
9 | State Board of Education that the person be issued a | ||||||
10 | superintendent endorsement on a Professional Educator | ||||||
11 | License. | ||||||
12 | (d) In order to serve as a superintendent under phase (2) | ||||||
13 | of subsection (c) of this Section, an individual must be issued | ||||||
14 | an alternative provisional superintendent endorsement on an | ||||||
15 | Educator License with Stipulations, to be valid for only one | ||||||
16 | year of serving as a superintendent. In order to receive the | ||||||
17 | provisional alternative superintendent endorsement under this | ||||||
18 | Section, an individual must meet all of the following | ||||||
19 | requirements: | ||||||
20 | (1) Have graduated from a regionally accredited | ||||||
21 | college or university with a minimum of a master's degree | ||||||
22 | in a management field. | ||||||
23 | (2) Have been employed for a period of at least 5 years | ||||||
24 | in a management level position other than education. | ||||||
25 | (3) Have successfully completed phase (1) of | ||||||
26 | subsection (c) of this Section. |
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1 | (4) Have passed a test of basic skills and a content | ||||||
2 | area test for admission into the program, as required by | ||||||
3 | Section 21B-30 of this Code. | ||||||
4 | (e) Successful completion of an alternative route to | ||||||
5 | superintendent endorsement program shall be deemed to satisfy | ||||||
6 | any other supervisory, administrative, or management | ||||||
7 | experience requirements established by law, and, once | ||||||
8 | completed, an individual shall be eligible for a superintendent | ||||||
9 | endorsement on a Professional Educator License. | ||||||
10 | (f) The State Board of Education, in consultation with the | ||||||
11 | State Educator Preparation and Licensure Board, may adopt such | ||||||
12 | rules as may be needed to establish and implement these | ||||||
13 | alternative route to superintendent endorsement programs.
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14 | (Source: P.A. 100-596, eff. 7-1-18.) | ||||||
15 | (105 ILCS 5/24-8.5 new) | ||||||
16 | Sec. 24-8.5. Student teacher; salary. Each school district | ||||||
17 | may provide a salary to a student teacher employed by the | ||||||
18 | district. A school district may fix the amount of salary to pay | ||||||
19 | a student teacher under this Section.
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20 | (105 ILCS 5/27A-10)
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21 | Sec. 27A-10. Employees.
| ||||||
22 | (a) A person shall be deemed to be employed by a charter | ||||||
23 | school unless a
collective bargaining agreement or the charter | ||||||
24 | school
contract otherwise provides.
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1 | (b) In all school districts, including special charter | ||||||
2 | districts and
districts located in
cities having a population | ||||||
3 | exceeding 500,000, the local school board shall
determine by | ||||||
4 | policy or by negotiated
agreement, if one exists, the | ||||||
5 | employment status of any school district
employees who are | ||||||
6 | employed by a charter school and who seek to return to
| ||||||
7 | employment in the public
schools of the district. Each local | ||||||
8 | school board shall grant, for a period of
up to 5 years, a | ||||||
9 | leave of absence to those of its teachers who accept
employment | ||||||
10 | with a charter school. At the end of the authorized leave of
| ||||||
11 | absence, the teacher must return to the school district or | ||||||
12 | resign; provided,
however, that if the teacher chooses to | ||||||
13 | return to the school district, the
teacher must be assigned to | ||||||
14 | a position which requires the teacher's
certification and legal | ||||||
15 | qualifications. The
contractual
continued service status and | ||||||
16 | retirement benefits of a
teacher of the district who is granted | ||||||
17 | a leave of absence to accept employment
with a charter school | ||||||
18 | shall not be affected by that leave of absence.
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19 | (c) Charter schools shall employ in instructional | ||||||
20 | positions, as defined in
the charter, individuals who are | ||||||
21 | certificated under Article 21 of this
Code or who possess the | ||||||
22 | following qualifications:
| ||||||
23 | (i) graduated with a bachelor's degree from an | ||||||
24 | accredited institution of
higher learning;
| ||||||
25 | (ii) been employed for a period of at least 5 years in | ||||||
26 | an area requiring
application of the individual's |
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1 | education;
| ||||||
2 | (iii) (blank); and passed the tests of basic skills and | ||||||
3 | subject matter knowledge
required by Section 21-1a of the | ||||||
4 | School Code; and
| ||||||
5 | (iv) demonstrate continuing evidence of professional | ||||||
6 | growth which shall
include, but not be limited to, | ||||||
7 | successful teaching experience, attendance at
professional | ||||||
8 | meetings, membership in professional organizations, | ||||||
9 | additional
credits earned at institutions of higher | ||||||
10 | learning, travel specifically for
educational purposes, | ||||||
11 | and reading of professional books and periodicals.
| ||||||
12 | (c-5) Charter schools employing individuals without | ||||||
13 | certification in
instructional positions shall provide such | ||||||
14 | mentoring, training, and staff
development for those | ||||||
15 | individuals as the charter schools determine necessary
for | ||||||
16 | satisfactory performance in the classroom.
| ||||||
17 | At least 50% of the
individuals
employed in instructional | ||||||
18 | positions by a charter school that is operating in a
city
| ||||||
19 | having a population exceeding 500,000 and that is
established | ||||||
20 | on or after April 16, 2003 shall hold teaching certificates | ||||||
21 | issued under
Article 21 of this Code.
| ||||||
22 | At
least 75% of the individuals employed in instructional | ||||||
23 | positions by a
charter school that is operating in a city | ||||||
24 | having a population exceeding
500,000 and that was
established | ||||||
25 | before April 16, 2003 shall hold teaching certificates issued | ||||||
26 | under
Article 21 of this Code.
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| |||||||
1 | (c-10) Notwithstanding any provision in subsection (c-5) | ||||||
2 | to the contrary, in any charter school established before the | ||||||
3 | effective date of this amendatory Act of the 96th General | ||||||
4 | Assembly, at least 75% of the individuals employed in | ||||||
5 | instructional positions by the charter school shall hold | ||||||
6 | teaching certificates issued under Article 21 of this Code | ||||||
7 | beginning with the 2012-2013 school year. In any charter school | ||||||
8 | established after the effective date of this amendatory Act of | ||||||
9 | the 96th General Assembly, at least 75% of the individuals | ||||||
10 | employed in instructional positions by a charter school shall | ||||||
11 | hold teaching certificates issued under Article 21 of this Code | ||||||
12 | by the beginning of the fourth school year during which a | ||||||
13 | student is enrolled in the charter school. Charter schools may | ||||||
14 | employ non-certificated staff in all other positions. | ||||||
15 | (c-15) Charter schools are
exempt from any annual cap on | ||||||
16 | new
participants in an alternative certification program. The | ||||||
17 | second
and third phases of the alternative certification | ||||||
18 | program may
be conducted and completed at the charter school, | ||||||
19 | and the
alternative teaching certificate is valid for 4 years | ||||||
20 | or the length
of the charter (or any extension of the charter), | ||||||
21 | whichever is longer.
| ||||||
22 | (d) A teacher at a charter school may resign his or her | ||||||
23 | position only if
the teacher gives notice of resignation to the | ||||||
24 | charter school's governing body
at least 60 days before the end | ||||||
25 | of the school term, and the resignation must
take effect | ||||||
26 | immediately upon the end of the school term.
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| |||||||
1 | (Source: P.A. 96-105, eff. 7-30-09.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|