SB1952 EngrossedLRB101 10858 AXK 55998 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Sections 15-155 and 16-158 as follows:
 
6    (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)
7    Sec. 15-155. Employer contributions.
8    (a) The State of Illinois shall make contributions by
9appropriations of amounts which, together with the other
10employer contributions from trust, federal, and other funds,
11employee contributions, income from investments, and other
12income of this System, will be sufficient to meet the cost of
13maintaining and administering the System on a 90% funded basis
14in accordance with actuarial recommendations.
15    The Board shall determine the amount of State contributions
16required for each fiscal year on the basis of the actuarial
17tables and other assumptions adopted by the Board and the
18recommendations of the actuary, using the formula in subsection
19(a-1).
20    (a-1) For State fiscal years 2012 through 2045, the minimum
21contribution to the System to be made by the State for each
22fiscal year shall be an amount determined by the System to be
23sufficient to bring the total assets of the System up to 90% of

 

 

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1the total actuarial liabilities of the System by the end of
2State fiscal year 2045. In making these determinations, the
3required State contribution shall be calculated each year as a
4level percentage of payroll over the years remaining to and
5including fiscal year 2045 and shall be determined under the
6projected unit credit actuarial cost method.
7    For each of State fiscal years 2018, 2019, and 2020, the
8State shall make an additional contribution to the System equal
9to 2% of the total payroll of each employee who is deemed to
10have elected the benefits under Section 1-161 or who has made
11the election under subsection (c) of Section 1-161.
12    A change in an actuarial or investment assumption that
13increases or decreases the required State contribution and
14first applies in State fiscal year 2018 or thereafter shall be
15implemented in equal annual amounts over a 5-year period
16beginning in the State fiscal year in which the actuarial
17change first applies to the required State contribution.
18    A change in an actuarial or investment assumption that
19increases or decreases the required State contribution and
20first applied to the State contribution in fiscal year 2014,
212015, 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
6contribution to the System, as a percentage of the applicable
7employee payroll, shall be increased in equal annual increments
8so that by State fiscal year 2011, the State is contributing at
9the rate required under this Section.
10    Notwithstanding any other provision of this Article, the
11total required State contribution for State fiscal year 2006 is
12$166,641,900.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2007 is
15$252,064,100.
16    For each of State fiscal years 2008 through 2009, the State
17contribution to the System, as a percentage of the applicable
18employee payroll, shall be increased in equal annual increments
19from the required State contribution for State fiscal year
202007, so that by State fiscal year 2011, the State is
21contributing at the rate otherwise required under this Section.
22    Notwithstanding any other provision of this Article, the
23total required State contribution for State fiscal year 2010 is
24$702,514,000 and shall be made from the State Pensions Fund and
25proceeds of bonds sold in fiscal year 2010 pursuant to Section
267.2 of the General Obligation Bond Act, less (i) the pro rata

 

 

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1share of bond sale expenses determined by the System's share of
2total bond proceeds, (ii) any amounts received from the General
3Revenue Fund in fiscal year 2010, (iii) any reduction in bond
4proceeds due to the issuance of discounted bonds, if
5applicable.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2011 is
8the amount recertified by the System on or before April 1, 2011
9pursuant to Section 15-165 and shall be made from the State
10Pensions Fund and proceeds of bonds sold in fiscal year 2011
11pursuant to Section 7.2 of the General Obligation Bond Act,
12less (i) the pro rata share of bond sale expenses determined by
13the System's share of total bond proceeds, (ii) any amounts
14received from the General Revenue Fund in fiscal year 2011, and
15(iii) any reduction in bond proceeds due to the issuance of
16discounted bonds, if applicable.
17    Beginning in State fiscal year 2046, the minimum State
18contribution for each fiscal year shall be the amount needed to
19maintain the total assets of the System at 90% of the total
20actuarial liabilities of the System.
21    Amounts received by the System pursuant to Section 25 of
22the Budget Stabilization Act or Section 8.12 of the State
23Finance Act in any fiscal year do not reduce and do not
24constitute payment of any portion of the minimum State
25contribution required under this Article in that fiscal year.
26Such amounts shall not reduce, and shall not be included in the

 

 

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1calculation of, the required State contributions under this
2Article in any future year until the System has reached a
3funding ratio of at least 90%. A reference in this Article to
4the "required State contribution" or any substantially similar
5term does not include or apply to any amounts payable to the
6System under Section 25 of the Budget Stabilization Act.
7    Notwithstanding any other provision of this Section, the
8required State contribution for State fiscal year 2005 and for
9fiscal year 2008 and each fiscal year thereafter, as calculated
10under this Section and certified under Section 15-165, shall
11not exceed an amount equal to (i) the amount of the required
12State contribution that would have been calculated under this
13Section for that fiscal year if the System had not received any
14payments under subsection (d) of Section 7.2 of the General
15Obligation Bond Act, minus (ii) the portion of the State's
16total debt service payments for that fiscal year on the bonds
17issued in fiscal year 2003 for the purposes of that Section
187.2, as determined and certified by the Comptroller, that is
19the same as the System's portion of the total moneys
20distributed under subsection (d) of Section 7.2 of the General
21Obligation Bond Act. In determining this maximum for State
22fiscal years 2008 through 2010, however, the amount referred to
23in item (i) shall be increased, as a percentage of the
24applicable employee payroll, in equal increments calculated
25from the sum of the required State contribution for State
26fiscal year 2007 plus the applicable portion of the State's

 

 

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1total debt service payments for fiscal year 2007 on the bonds
2issued in fiscal year 2003 for the purposes of Section 7.2 of
3the General Obligation Bond Act, so that, by State fiscal year
42011, the State is contributing at the rate otherwise required
5under this Section.
6    (a-2) Beginning in fiscal year 2018, each employer under
7this Article shall pay to the System a required contribution
8determined as a percentage of projected payroll and sufficient
9to 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
3this subsection, the System shall determine an aggregate rate
4for all employers, expressed as a percentage of projected
5payroll.
6    In determining the contributions required under item (ii)
7of this subsection, the amount shall be computed by the System
8on the basis of the actuarial assumptions and tables used in
9the most recent actuarial valuation of the System that is
10available at the time of the computation.
11    The contributions required under this subsection (a-2)
12shall be paid by an employer concurrently with that employer's
13payroll payment period. The State, as the actual employer of an
14employee, shall make the required contributions under this
15subsection.
16    As used in this subsection, "academic year" means the
1712-month period beginning September 1.
18    (b) If an employee is paid from trust or federal funds, the
19employer shall pay to the Board contributions from those funds
20which are sufficient to cover the accruing normal costs on
21behalf of the employee. However, universities having employees
22who are compensated out of local auxiliary funds, income funds,
23or service enterprise funds are not required to pay such
24contributions on behalf of those employees. The local auxiliary
25funds, income funds, and service enterprise funds of
26universities shall not be considered trust funds for the

 

 

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1purpose of this Article, but funds of alumni associations,
2foundations, and athletic associations which are affiliated
3with the universities included as employers under this Article
4and other employers which do not receive State appropriations
5are considered to be trust funds for the purpose of this
6Article.
7    (b-1) The City of Urbana and the City of Champaign shall
8each make employer contributions to this System for their
9respective firefighter employees who participate in this
10System pursuant to subsection (h) of Section 15-107. The rate
11of contributions to be made by those municipalities shall be
12determined annually by the Board on the basis of the actuarial
13assumptions adopted by the Board and the recommendations of the
14actuary, and shall be expressed as a percentage of salary for
15each such employee. The Board shall certify the rate to the
16affected municipalities as soon as may be practical. The
17employer contributions required under this subsection shall be
18remitted by the municipality to the System at the same time and
19in the same manner as employee contributions.
20    (c) Through State fiscal year 1995: The total employer
21contribution shall be apportioned among the various funds of
22the State and other employers, whether trust, federal, or other
23funds, in accordance with actuarial procedures approved by the
24Board. State of Illinois contributions for employers receiving
25State appropriations for personal services shall be payable
26from appropriations made to the employers or to the System. The

 

 

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1contributions for Class I community colleges covering earnings
2other than those paid from trust and federal funds, shall be
3payable solely from appropriations to the Illinois Community
4College Board or the System for employer contributions.
5    (d) Beginning in State fiscal year 1996, the required State
6contributions to the System shall be appropriated directly to
7the System and shall be payable through vouchers issued in
8accordance with subsection (c) of Section 15-165, except as
9provided in subsection (g).
10    (e) The State Comptroller shall draw warrants payable to
11the System upon proper certification by the System or by the
12employer in accordance with the appropriation laws and this
13Code.
14    (f) Normal costs under this Section means liability for
15pensions and other benefits which accrues to the System because
16of the credits earned for service rendered by the participants
17during the fiscal year and expenses of administering the
18System, but shall not include the principal of or any
19redemption premium or interest on any bonds issued by the Board
20or any expenses incurred or deposits required in connection
21therewith.
22    (g) If For academic years beginning on or after June 1,
232005 and before July 1, 2018 and for earnings paid to a
24participant under a contract or collective bargaining
25agreement entered into, amended, or renewed before the
26effective date of this amendatory Act of the 100th General

 

 

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1Assembly, if the amount of a participant's earnings for any
2academic year used to determine the final rate of earnings,
3determined on a full-time equivalent basis, exceeds the amount
4of his or her earnings with the same employer for the previous
5academic year, determined on a full-time equivalent basis, by
6more than 6%, the participant's employer shall pay to the
7System, in addition to all other payments required under this
8Section and in accordance with guidelines established by the
9System, the present value of the increase in benefits resulting
10from the portion of the increase in earnings that is in excess
11of 6%. This present value shall be computed by the System on
12the basis of the actuarial assumptions and tables used in the
13most recent actuarial valuation of the System that is available
14at the time of the computation. The System may require the
15employer to provide any pertinent information or
16documentation.
17    Whenever it determines that a payment is or may be required
18under this subsection (g), the System shall calculate the
19amount of the payment and bill the employer for that amount.
20The bill shall specify the calculations used to determine the
21amount due. If the employer disputes the amount of the bill, it
22may, within 30 days after receipt of the bill, apply to the
23System in writing for a recalculation. The application must
24specify in detail the grounds of the dispute and, if the
25employer 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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1must include an affidavit setting forth and attesting to all
2facts within the employer's knowledge that are pertinent to the
3applicability of that subsection. Upon receiving a timely
4application for recalculation, the System shall review the
5application and, if appropriate, recalculate the amount due.
6    The employer contributions required under this subsection
7(g) may be paid in the form of a lump sum within 90 days after
8receipt of the bill. If the employer contributions are not paid
9within 90 days after receipt of the bill, then interest will be
10charged at a rate equal to the System's annual actuarially
11assumed rate of return on investment compounded annually from
12the 91st day after receipt of the bill. Payments must be
13concluded within 3 years after the employer's receipt of the
14bill.
15    When assessing payment for any amount due under this
16subsection (g), the System shall include earnings, to the
17extent not established by a participant under Section 15-113.11
18or 15-113.12, that would have been paid to the participant had
19the participant not taken (i) periods of voluntary or
20involuntary furlough occurring on or after July 1, 2015 and on
21or before June 30, 2017 or (ii) periods of voluntary pay
22reduction in lieu of furlough occurring on or after July 1,
232015 and on or before June 30, 2017. Determining earnings that
24would have been paid to a participant had the participant not
25taken periods of voluntary or involuntary furlough or periods
26of voluntary pay reduction shall be the responsibility of the

 

 

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1employer, and shall be reported in a manner prescribed by the
2System.
3    This subsection (g) does not apply to (1) Tier 2 hybrid
4plan members and (2) Tier 2 defined benefit members who first
5participate under this Article on or after the implementation
6date of the Optional Hybrid Plan.
7    (g-1) (Blank). For academic years beginning on or after
8July 1, 2018 and for earnings paid to a participant under a
9contract or collective bargaining agreement entered into,
10amended, or renewed on or after the effective date of this
11amendatory Act of the 100th General Assembly, if the amount of
12a participant's earnings for any academic year used to
13determine the final rate of earnings, determined on a full-time
14equivalent basis, exceeds the amount of his or her earnings
15with the same employer for the previous academic year,
16determined on a full-time equivalent basis, by more than 3%,
17then the participant's employer shall pay to the System, in
18addition to all other payments required under this Section and
19in accordance with guidelines established by the System, the
20present value of the increase in benefits resulting from the
21portion of the increase in earnings that is in excess of 3%.
22This present value shall be computed by the System on the basis
23of the actuarial assumptions and tables used in the most recent
24actuarial valuation of the System that is available at the time
25of the computation. The System may require the employer to
26provide any pertinent information or documentation.

 

 

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1    Whenever it determines that a payment is or may be required
2under this subsection (g-1), the System shall calculate the
3amount of the payment and bill the employer for that amount.
4The bill shall specify the calculations used to determine the
5amount due. If the employer disputes the amount of the bill, it
6may, within 30 days after receipt of the bill, apply to the
7System in writing for a recalculation. The application must
8specify in detail the grounds of the dispute and, if the
9employer asserts that subsection (g) of this Section applies,
10must include an affidavit setting forth and attesting to all
11facts within the employer's knowledge that are pertinent to the
12applicability of subsection (g). Upon receiving a timely
13application for recalculation, the System shall review the
14application 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
17receipt of the bill. If the employer contributions are not paid
18within 90 days after receipt of the bill, then interest shall
19be charged at a rate equal to the System's annual actuarially
20assumed rate of return on investment compounded annually from
21the 91st day after receipt of the bill. Payments must be
22concluded within 3 years after the employer's receipt of the
23bill.
24    This subsection (g-1) does not apply to (1) Tier 2 hybrid
25plan members and (2) Tier 2 defined benefit members who first
26participate under this Article on or after the implementation

 

 

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1date of the Optional Hybrid Plan.
2    (h) This subsection (h) applies only to payments made or
3salary increases given on or after June 1, 2005 but before July
41, 2011. The changes made by Public Act 94-1057 shall not
5require the System to refund any payments received before July
631, 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
9participants under contracts or collective bargaining
10agreements entered into, amended, or renewed before June 1,
112005.
12    When assessing payment for any amount due under subsection
13(g), the System shall exclude earnings increases paid to a
14participant at a time when the participant is 10 or more years
15from 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
18overload work, including a contract for summer teaching, or
19overtime when the employer has certified to the System, and the
20System has approved the certification, that: (i) in the case of
21overloads (A) the overload work is for the sole purpose of
22academic instruction in excess of the standard number of
23instruction hours for a full-time employee occurring during the
24academic year that the overload is paid and (B) the earnings
25increases are equal to or less than the rate of pay for
26academic instruction computed using the participant's current

 

 

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1salary rate and work schedule; and (ii) in the case of
2overtime, the overtime was necessary for the educational
3mission.
4    When assessing payment for any amount due under subsection
5(g), the System shall exclude any earnings increase resulting
6from (i) a promotion for which the employee moves from one
7classification to a higher classification under the State
8Universities Civil Service System, (ii) a promotion in academic
9rank for a tenured or tenure-track faculty position, or (iii) a
10promotion that the Illinois Community College Board has
11recommended in accordance with subsection (k) of this Section.
12These earnings increases shall be excluded only if the
13promotion is to a position that has existed and been filled by
14a member for no less than one complete academic year and the
15earnings increase as a result of the promotion is an increase
16that results in an amount no greater than the average salary
17paid for other similar positions.
18    (i) When assessing payment for any amount due under
19subsection (g), the System shall exclude any salary increase
20described in subsection (h) of this Section given on or after
21July 1, 2011 but before July 1, 2014 under a contract or
22collective bargaining agreement entered into, amended, or
23renewed on or after June 1, 2005 but before July 1, 2011.
24Notwithstanding any other provision of this Section, any
25payments made or salary increases given after June 30, 2014
26shall be used in assessing payment for any amount due under

 

 

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1subsection (g) of this Section.
2    (j) The System shall prepare a report and file copies of
3the report with the Governor and the General Assembly by
4January 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,
182017, if the amount of a participant's earnings for any State
19fiscal year exceeds the amount of the salary set by law for the
20Governor that is in effect on July 1 of that fiscal year, the
21participant's employer shall pay to the System, in addition to
22all other payments required under this Section and in
23accordance with guidelines established by the System, an amount
24determined by the System to be equal to the employer normal
25cost, as established by the System and expressed as a total
26percentage of payroll, multiplied by the amount of earnings in

 

 

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1excess of the amount of the salary set by law for the Governor.
2This amount shall be computed by the System on the basis of the
3actuarial assumptions and tables used in the most recent
4actuarial valuation of the System that is available at the time
5of the computation. The System may require the employer to
6provide any pertinent information or documentation.
7    Whenever it determines that a payment is or may be required
8under this subsection, the System shall calculate the amount of
9the payment and bill the employer for that amount. The bill
10shall specify the calculation used to determine the amount due.
11If the employer disputes the amount of the bill, it may, within
1230 days after receipt of the bill, apply to the System in
13writing for a recalculation. The application must specify in
14detail the grounds of the dispute. Upon receiving a timely
15application for recalculation, the System shall review the
16application and, if appropriate, recalculate the amount due.
17    The employer contributions required under this subsection
18may be paid in the form of a lump sum within 90 days after
19issuance of the bill. If the employer contributions are not
20paid within 90 days after issuance of the bill, then interest
21will be charged at a rate equal to the System's annual
22actuarially assumed rate of return on investment compounded
23annually from the 91st day after issuance of the bill. All
24payments must be received within 3 years after issuance of the
25bill. If the employer fails to make complete payment, including
26applicable interest, within 3 years, then the System may, after

 

 

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1giving notice to the employer, certify the delinquent amount to
2the State Comptroller, and the Comptroller shall thereupon
3deduct the certified delinquent amount from State funds payable
4to the employer and pay them instead to the System.
5    This subsection (j-5) does not apply to a participant's
6earnings to the extent an employer pays the employer normal
7cost of such earnings.
8    The changes made to this subsection (j-5) by Public Act
9100-624 this amendatory Act of the 100th General Assembly are
10intended to apply retroactively to July 6, 2017 (the effective
11date of Public Act 100-23).
12    (k) The Illinois Community College Board shall adopt rules
13for recommending lists of promotional positions submitted to
14the Board by community colleges and for reviewing the
15promotional lists on an annual basis. When recommending
16promotional lists, the Board shall consider the similarity of
17the positions submitted to those positions recognized for State
18universities by the State Universities Civil Service System.
19The Illinois Community College Board shall file a copy of its
20findings with the System. The System shall consider the
21findings of the Illinois Community College Board when making
22determinations under this Section. The System shall not exclude
23any earnings increases resulting from a promotion when the
24promotion was not submitted by a community college. Nothing in
25this subsection (k) shall require any community college to
26submit any information to the Community College Board.

 

 

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1    (l) For purposes of determining the required State
2contribution to the System, the value of the System's assets
3shall be equal to the actuarial value of the System's assets,
4which shall be calculated as follows:
5    As of June 30, 2008, the actuarial value of the System's
6assets shall be equal to the market value of the assets as of
7that date. In determining the actuarial value of the System's
8assets for fiscal years after June 30, 2008, any actuarial
9gains or losses from investment return incurred in a fiscal
10year shall be recognized in equal annual amounts over the
115-year period following that fiscal year.
12    (m) For purposes of determining the required State
13contribution to the system for a particular year, the actuarial
14value of assets shall be assumed to earn a rate of return equal
15to the system's actuarially assumed rate of return.
16(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17;
17100-587, 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
20units.
21    (a) The State shall make contributions to the System by
22means of appropriations from the Common School Fund and other
23State funds of amounts which, together with other employer
24contributions, employee contributions, investment income, and
25other income, will be sufficient to meet the cost of

 

 

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1maintaining and administering the System on a 90% funded basis
2in accordance with actuarial recommendations.
3    The Board shall determine the amount of State contributions
4required for each fiscal year on the basis of the actuarial
5tables and other assumptions adopted by the Board and the
6recommendations of the actuary, using the formula in subsection
7(b-3).
8    (a-1) Annually, on or before November 15 until November 15,
92011, the Board shall certify to the Governor the amount of the
10required State contribution for the coming fiscal year. The
11certification under this subsection (a-1) shall include a copy
12of the actuarial recommendations upon which it is based and
13shall specifically identify the System's projected State
14normal cost for that fiscal year.
15    On or before May 1, 2004, the Board shall recalculate and
16recertify to the Governor the amount of the required State
17contribution to the System for State fiscal year 2005, taking
18into account the amounts appropriated to and received by the
19System under subsection (d) of Section 7.2 of the General
20Obligation Bond Act.
21    On or before July 1, 2005, the Board shall recalculate and
22recertify to the Governor the amount of the required State
23contribution to the System for State fiscal year 2006, taking
24into account the changes in required State contributions made
25by Public Act 94-4.
26    On or before April 1, 2011, the Board shall recalculate and

 

 

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1recertify to the Governor the amount of the required State
2contribution to the System for State fiscal year 2011, applying
3the changes made by Public Act 96-889 to the System's assets
4and liabilities as of June 30, 2009 as though Public Act 96-889
5was approved on that date.
6    (a-5) On or before November 1 of each year, beginning
7November 1, 2012, the Board shall submit to the State Actuary,
8the Governor, and the General Assembly a proposed certification
9of the amount of the required State contribution to the System
10for the next fiscal year, along with all of the actuarial
11assumptions, calculations, and data upon which that proposed
12certification is based. On or before January 1 of each year,
13beginning January 1, 2013, the State Actuary shall issue a
14preliminary report concerning the proposed certification and
15identifying, if necessary, recommended changes in actuarial
16assumptions that the Board must consider before finalizing its
17certification of the required State contributions. On or before
18January 15, 2013 and each January 15 thereafter, the Board
19shall certify to the Governor and the General Assembly the
20amount of the required State contribution for the next fiscal
21year. The Board's certification must note any deviations from
22the State Actuary's recommended changes, the reason or reasons
23for not following the State Actuary's recommended changes, and
24the fiscal impact of not following the State Actuary's
25recommended changes on the required State contribution.
26    (a-10) By November 1, 2017, the Board shall recalculate and

 

 

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1recertify to the State Actuary, the Governor, and the General
2Assembly the amount of the State contribution to the System for
3State fiscal year 2018, taking into account the changes in
4required State contributions made by Public Act 100-23. The
5State Actuary shall review the assumptions and valuations
6underlying the Board's revised certification and issue a
7preliminary report concerning the proposed recertification and
8identifying, if necessary, recommended changes in actuarial
9assumptions that the Board must consider before finalizing its
10certification of the required State contributions. The Board's
11final certification must note any deviations from the State
12Actuary's recommended changes, the reason or reasons for not
13following the State Actuary's recommended changes, and the
14fiscal impact of not following the State Actuary's recommended
15changes on the required State contribution.
16    (a-15) On or after June 15, 2019, but no later than June
1730, 2019, the Board shall recalculate and recertify to the
18Governor and the General Assembly the amount of the State
19contribution to the System for State fiscal year 2019, taking
20into account the changes in required State contributions made
21by Public Act 100-587 this amendatory Act of the 100th General
22Assembly. The recalculation shall be made using assumptions
23adopted by the Board for the original fiscal year 2019
24certification. The monthly voucher for the 12th month of fiscal
25year 2019 shall be paid by the Comptroller after the
26recertification required pursuant to this subsection is

 

 

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1submitted to the Governor, Comptroller, and General Assembly.
2The recertification submitted to the General Assembly shall be
3filed with the Clerk of the House of Representatives and the
4Secretary of the Senate in electronic form only, in the manner
5that the Clerk and the Secretary shall direct.
6    (b) Through State fiscal year 1995, the State contributions
7shall be paid to the System in accordance with Section 18-7 of
8the School Code.
9    (b-1) Beginning in State fiscal year 1996, on the 15th day
10of each month, or as soon thereafter as may be practicable, the
11Board shall submit vouchers for payment of State contributions
12to the System, in a total monthly amount of one-twelfth of the
13required annual State contribution certified under subsection
14(a-1). From March 5, 2004 (the effective date of Public Act
1593-665) through June 30, 2004, the Board shall not submit
16vouchers for the remainder of fiscal year 2004 in excess of the
17fiscal year 2004 certified contribution amount determined
18under this Section after taking into consideration the transfer
19to the System under subsection (a) of Section 6z-61 of the
20State Finance Act. These vouchers shall be paid by the State
21Comptroller and Treasurer by warrants drawn on the funds
22appropriated to the System for that fiscal year.
23    If in any month the amount remaining unexpended from all
24other appropriations to the System for the applicable fiscal
25year (including the appropriations to the System under Section
268.12 of the State Finance Act and Section 1 of the State

 

 

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1Pension Funds Continuing Appropriation Act) is less than the
2amount lawfully vouchered under this subsection, the
3difference shall be paid from the Common School Fund under the
4continuing appropriation authority provided in Section 1.1 of
5the State Pension Funds Continuing Appropriation Act.
6    (b-2) Allocations from the Common School Fund apportioned
7to school districts not coming under this System shall not be
8diminished or affected by the provisions of this Article.
9    (b-3) For State fiscal years 2012 through 2045, the minimum
10contribution to the System to be made by the State for each
11fiscal year shall be an amount determined by the System to be
12sufficient to bring the total assets of the System up to 90% of
13the total actuarial liabilities of the System by the end of
14State fiscal year 2045. In making these determinations, the
15required State contribution shall be calculated each year as a
16level percentage of payroll over the years remaining to and
17including fiscal year 2045 and shall be determined under the
18projected unit credit actuarial cost method.
19    For each of State fiscal years 2018, 2019, and 2020, the
20State shall make an additional contribution to the System equal
21to 2% of the total payroll of each employee who is deemed to
22have elected the benefits under Section 1-161 or who has made
23the election under subsection (c) of Section 1-161.
24    A change in an actuarial or investment assumption that
25increases or decreases the required State contribution and
26first applies in State fiscal year 2018 or thereafter shall be

 

 

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1implemented in equal annual amounts over a 5-year period
2beginning in the State fiscal year in which the actuarial
3change first applies to the required State contribution.
4    A change in an actuarial or investment assumption that
5increases or decreases the required State contribution and
6first applied to the State contribution in fiscal year 2014,
72015, 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
18contribution to the System, as a percentage of the applicable
19employee payroll, shall be increased in equal annual increments
20so that by State fiscal year 2011, the State is contributing at
21the rate required under this Section; except that in the
22following specified State fiscal years, the State contribution
23to the System shall not be less than the following indicated
24percentages of the applicable employee payroll, even if the
25indicated percentage will produce a State contribution in
26excess of the amount otherwise required under this subsection

 

 

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1and subsection (a), and notwithstanding any contrary
2certification made under subsection (a-1) before May 27, 1998
3(the effective date of Public Act 90-582): 10.02% in FY 1999;
410.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86%
5in FY 2003; and 13.56% in FY 2004.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2006 is
8$534,627,700.
9    Notwithstanding any other provision of this Article, the
10total 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
13contribution to the System, as a percentage of the applicable
14employee payroll, shall be increased in equal annual increments
15from the required State contribution for State fiscal year
162007, so that by State fiscal year 2011, the State is
17contributing at the rate otherwise required under this Section.
18    Notwithstanding any other provision of this Article, the
19total required State contribution for State fiscal year 2010 is
20$2,089,268,000 and shall be made from the proceeds of bonds
21sold in fiscal year 2010 pursuant to Section 7.2 of the General
22Obligation Bond Act, less (i) the pro rata share of bond sale
23expenses determined by the System's share of total bond
24proceeds, (ii) any amounts received from the Common School Fund
25in fiscal year 2010, and (iii) any reduction in bond proceeds
26due to the issuance of discounted bonds, if applicable.

 

 

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1    Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2011 is
3the amount recertified by the System on or before April 1, 2011
4pursuant to subsection (a-1) of this Section and shall be made
5from the proceeds of bonds sold in fiscal year 2011 pursuant to
6Section 7.2 of the General Obligation Bond Act, less (i) the
7pro rata share of bond sale expenses determined by the System's
8share of total bond proceeds, (ii) any amounts received from
9the Common School Fund in fiscal year 2011, and (iii) any
10reduction in bond proceeds due to the issuance of discounted
11bonds, if applicable. This amount shall include, in addition to
12the amount certified by the System, an amount necessary to meet
13employer contributions required by the State as an employer
14under paragraph (e) of this Section, which may also be used by
15the System for contributions required by paragraph (a) of
16Section 16-127.
17    Beginning in State fiscal year 2046, the minimum State
18contribution for each fiscal year shall be the amount needed to
19maintain the total assets of the System at 90% of the total
20actuarial liabilities of the System.
21    Amounts received by the System pursuant to Section 25 of
22the Budget Stabilization Act or Section 8.12 of the State
23Finance Act in any fiscal year do not reduce and do not
24constitute payment of any portion of the minimum State
25contribution required under this Article in that fiscal year.
26Such amounts shall not reduce, and shall not be included in the

 

 

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1calculation of, the required State contributions under this
2Article in any future year until the System has reached a
3funding ratio of at least 90%. A reference in this Article to
4the "required State contribution" or any substantially similar
5term does not include or apply to any amounts payable to the
6System under Section 25 of the Budget Stabilization Act.
7    Notwithstanding any other provision of this Section, the
8required State contribution for State fiscal year 2005 and for
9fiscal year 2008 and each fiscal year thereafter, as calculated
10under this Section and certified under subsection (a-1), shall
11not exceed an amount equal to (i) the amount of the required
12State contribution that would have been calculated under this
13Section for that fiscal year if the System had not received any
14payments under subsection (d) of Section 7.2 of the General
15Obligation Bond Act, minus (ii) the portion of the State's
16total debt service payments for that fiscal year on the bonds
17issued in fiscal year 2003 for the purposes of that Section
187.2, as determined and certified by the Comptroller, that is
19the same as the System's portion of the total moneys
20distributed under subsection (d) of Section 7.2 of the General
21Obligation Bond Act. In determining this maximum for State
22fiscal years 2008 through 2010, however, the amount referred to
23in item (i) shall be increased, as a percentage of the
24applicable employee payroll, in equal increments calculated
25from the sum of the required State contribution for State
26fiscal year 2007 plus the applicable portion of the State's

 

 

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1total debt service payments for fiscal year 2007 on the bonds
2issued in fiscal year 2003 for the purposes of Section 7.2 of
3the General Obligation Bond Act, so that, by State fiscal year
42011, the State is contributing at the rate otherwise required
5under this Section.
6    (b-4) Beginning in fiscal year 2018, each employer under
7this Article shall pay to the System a required contribution
8determined as a percentage of projected payroll and sufficient
9to 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

 

 

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1    a 30-year rolling amortization period.
2    In determining contributions required under item (i) of
3this subsection, the System shall determine an aggregate rate
4for all employers, expressed as a percentage of projected
5payroll.
6    In determining the contributions required under item (ii)
7of this subsection, the amount shall be computed by the System
8on the basis of the actuarial assumptions and tables used in
9the most recent actuarial valuation of the System that is
10available at the time of the computation.
11    The contributions required under this subsection (b-4)
12shall be paid by an employer concurrently with that employer's
13payroll payment period. The State, as the actual employer of an
14employee, shall make the required contributions under this
15subsection.
16    (c) Payment of the required State contributions and of all
17pensions, retirement annuities, death benefits, refunds, and
18other benefits granted under or assumed by this System, and all
19expenses in connection with the administration and operation
20thereof, are obligations of the State.
21    If members are paid from special trust or federal funds
22which are administered by the employing unit, whether school
23district or other unit, the employing unit shall pay to the
24System from such funds the full accruing retirement costs based
25upon that service, which, beginning July 1, 2017, shall be at a
26rate, expressed as a percentage of salary, equal to the total

 

 

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1employer's normal cost, expressed as a percentage of payroll,
2as determined by the System. Employer contributions, based on
3salary paid to members from federal funds, may be forwarded by
4the distributing agency of the State of Illinois to the System
5prior to allocation, in an amount determined in accordance with
6guidelines established by such agency and the System. Any
7contribution for fiscal year 2015 collected as a result of the
8change made by Public Act 98-674 shall be considered a State
9contribution under subsection (b-3) of this Section.
10    (d) Effective July 1, 1986, any employer of a teacher as
11defined in paragraph (8) of Section 16-106 shall pay the
12employer's normal cost of benefits based upon the teacher's
13service, in addition to employee contributions, as determined
14by the System. Such employer contributions shall be forwarded
15monthly in accordance with guidelines established by the
16System.
17    However, with respect to benefits granted under Section
1816-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
19of Section 16-106, the employer's contribution shall be 12%
20(rather than 20%) of the member's highest annual salary rate
21for each year of creditable service granted, and the employer
22shall also pay the required employee contribution on behalf of
23the teacher. For the purposes of Sections 16-133.4 and
2416-133.5, a teacher as defined in paragraph (8) of Section
2516-106 who is serving in that capacity while on leave of
26absence from another employer under this Article shall not be

 

 

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1considered an employee of the employer from which the teacher
2is on leave.
3    (e) Beginning July 1, 1998, every employer of a teacher
4shall pay to the System an employer contribution computed as
5follows:
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.
12The school district or other employing unit may pay these
13employer contributions out of any source of funding available
14for that purpose and shall forward the contributions to the
15System on the schedule established for the payment of member
16contributions.
17    These employer contributions are intended to offset a
18portion of the cost to the System of the increases in
19retirement benefits resulting from Public Act 90-582.
20    Each employer of teachers is entitled to a credit against
21the contributions required under this subsection (e) with
22respect to salaries paid to teachers for the period January 1,
232002 through June 30, 2003, equal to the amount paid by that
24employer under subsection (a-5) of Section 6.6 of the State
25Employees Group Insurance Act of 1971 with respect to salaries
26paid to teachers for that period.

 

 

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1    The additional 1% employee contribution required under
2Section 16-152 by Public Act 90-582 is the responsibility of
3the teacher and not the teacher's employer, unless the employer
4agrees, through collective bargaining or otherwise, to make the
5contribution on behalf of the teacher.
6    If an employer is required by a contract in effect on May
71, 1998 between the employer and an employee organization to
8pay, on behalf of all its full-time employees covered by this
9Article, all mandatory employee contributions required under
10this Article, then the employer shall be excused from paying
11the employer contribution required under this subsection (e)
12for the balance of the term of that contract. The employer and
13the employee organization shall jointly certify to the System
14the existence of the contractual requirement, in such form as
15the System may prescribe. This exclusion shall cease upon the
16termination, extension, or renewal of the contract at any time
17after May 1, 1998.
18    (f) If For school years beginning on or after June 1, 2005
19and before July 1, 2018 and for salary paid to a teacher under
20a contract or collective bargaining agreement entered into,
21amended, or renewed before the effective date ofthis amendatory
22Act of the 100th General Assembly, if the amount of a teacher's
23salary for any school year used to determine final average
24salary exceeds the member's annual full-time salary rate with
25the same employer for the previous school year by more than 6%,
26the teacher's employer shall pay to the System, in addition to

 

 

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1all other payments required under this Section and in
2accordance with guidelines established by the System, the
3present value of the increase in benefits resulting from the
4portion of the increase in salary that is in excess of 6%. This
5present value shall be computed by the System on the basis of
6the actuarial assumptions and tables used in the most recent
7actuarial valuation of the System that is available at the time
8of the computation. If a teacher's salary for the 2005-2006
9school year is used to determine final average salary under
10this subsection (f), then the changes made to this subsection
11(f) by Public Act 94-1057 shall apply in calculating whether
12the increase in his or her salary is in excess of 6%. For the
13purposes of this Section, change in employment under Section
1410-21.12 of the School Code on or after June 1, 2005 shall
15constitute a change in employer. The System may require the
16employer to provide any pertinent information or
17documentation. The changes made to this subsection (f) by
18Public Act 94-1111 apply without regard to whether the teacher
19was in service on or after its effective date.
20    Whenever it determines that a payment is or may be required
21under this subsection, the System shall calculate the amount of
22the payment and bill the employer for that amount. The bill
23shall specify the calculations used to determine the amount
24due. If the employer disputes the amount of the bill, it may,
25within 30 days after receipt of the bill, apply to the System
26in writing for a recalculation. The application must specify in

 

 

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1detail the grounds of the dispute and, if the employer asserts
2that the calculation is subject to subsection (g) or (h) of
3this Section or that subsection (f-1) of this Section applies,
4must include an affidavit setting forth and attesting to all
5facts within the employer's knowledge that are pertinent to the
6applicability of that subsection. Upon receiving a timely
7application for recalculation, the System shall review the
8application 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
11receipt of the bill. If the employer contributions are not paid
12within 90 days after receipt of the bill, then interest will be
13charged at a rate equal to the System's annual actuarially
14assumed rate of return on investment compounded annually from
15the 91st day after receipt of the bill. Payments must be
16concluded within 3 years after the employer's receipt of the
17bill.
18    (f-1) (Blank). For school years beginning on or after July
191, 2018 and for salary paid to a teacher under a contract or
20collective bargaining agreement entered into, amended, or
21renewed on or after the effective date of this amendatory Act
22of the 100th General Assembly, if the amount of a teacher's
23salary for any school year used to determine final average
24salary exceeds the member's annual full-time salary rate with
25the same employer for the previous school year by more than 3%,
26then the teacher's employer shall pay to the System, in

 

 

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1addition to all other payments required under this Section and
2in accordance with guidelines established by the System, the
3present value of the increase in benefits resulting from the
4portion of the increase in salary that is in excess of 3%. This
5present value shall be computed by the System on the basis of
6the actuarial assumptions and tables used in the most recent
7actuarial valuation of the System that is available at the time
8of the computation. The System may require the employer to
9provide any pertinent information or documentation.
10    Whenever it determines that a payment is or may be required
11under this subsection (f-1), the System shall calculate the
12amount of the payment and bill the employer for that amount.
13The bill shall specify the calculations used to determine the
14amount due. If the employer disputes the amount of the bill, it
15shall, within 30 days after receipt of the bill, apply to the
16System in writing for a recalculation. The application must
17specify in detail the grounds of the dispute and, if the
18employer asserts that subsection (f) of this Section applies,
19must include an affidavit setting forth and attesting to all
20facts within the employer's knowledge that are pertinent to the
21applicability of subsection (f). Upon receiving a timely
22application for recalculation, the System shall review the
23application 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
26receipt of the bill. If the employer contributions are not paid

 

 

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1within 90 days after receipt of the bill, then interest shall
2be charged at a rate equal to the System's annual actuarially
3assumed rate of return on investment compounded annually from
4the 91st day after receipt of the bill. Payments must be
5concluded within 3 years after the employer's receipt of the
6bill.
7    (g) This subsection (g) applies only to payments made or
8salary increases given on or after June 1, 2005 but before July
91, 2011. The changes made by Public Act 94-1057 shall not
10require the System to refund any payments received before July
1131, 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
14under contracts or collective bargaining agreements entered
15into, 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
18teacher at a time when the teacher is 10 or more years from
19retirement 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
22overload work, including summer school, when the school
23district has certified to the System, and the System has
24approved the certification, that (i) the overload work is for
25the sole purpose of classroom instruction in excess of the
26standard number of classes for a full-time teacher in a school

 

 

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1district during a school year and (ii) the salary increases are
2equal to or less than the rate of pay for classroom instruction
3computed 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
6a promotion (i) for which the employee is required to hold a
7certificate or supervisory endorsement issued by the State
8Teacher Certification Board that is a different certification
9or supervisory endorsement than is required for the teacher's
10previous position and (ii) to a position that has existed and
11been filled by a member for no less than one complete academic
12year and the salary increase from the promotion is an increase
13that results in an amount no greater than the lesser of the
14average salary paid for other similar positions in the district
15requiring the same certification or the amount stipulated in
16the collective bargaining agreement for a similar position
17requiring 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
20the State of Illinois or the State Board of Education over
21which the employer does not have discretion, notwithstanding
22that the payment is included in the computation of final
23average salary.
24    (h) When assessing payment for any amount due under
25subsection (f), the System shall exclude any salary increase
26described in subsection (g) of this Section given on or after

 

 

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1July 1, 2011 but before July 1, 2014 under a contract or
2collective bargaining agreement entered into, amended, or
3renewed on or after June 1, 2005 but before July 1, 2011.
4Notwithstanding any other provision of this Section, any
5payments made or salary increases given after June 30, 2014
6shall be used in assessing payment for any amount due under
7subsection (f) of this Section.
8    (i) The System shall prepare a report and file copies of
9the report with the Governor and the General Assembly by
10January 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,
24if the amount of a participant's salary for any school year
25exceeds the amount of the salary set for the Governor, the
26participant's employer shall pay to the System, in addition to

 

 

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1all other payments required under this Section and in
2accordance with guidelines established by the System, an amount
3determined by the System to be equal to the employer normal
4cost, as established by the System and expressed as a total
5percentage of payroll, multiplied by the amount of salary in
6excess of the amount of the salary set for the Governor. This
7amount shall be computed by the System on the basis of the
8actuarial assumptions and tables used in the most recent
9actuarial valuation of the System that is available at the time
10of the computation. The System may require the employer to
11provide any pertinent information or documentation.
12    Whenever it determines that a payment is or may be required
13under this subsection, the System shall calculate the amount of
14the payment and bill the employer for that amount. The bill
15shall specify the calculations used to determine the amount
16due. If the employer disputes the amount of the bill, it may,
17within 30 days after receipt of the bill, apply to the System
18in writing for a recalculation. The application must specify in
19detail the grounds of the dispute. Upon receiving a timely
20application for recalculation, the System shall review the
21application and, if appropriate, recalculate the amount due.
22    The employer contributions required under this subsection
23may be paid in the form of a lump sum within 90 days after
24receipt of the bill. If the employer contributions are not paid
25within 90 days after receipt of the bill, then interest will be
26charged at a rate equal to the System's annual actuarially

 

 

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1assumed rate of return on investment compounded annually from
2the 91st day after receipt of the bill. Payments must be
3concluded within 3 years after the employer's receipt of the
4bill.
5    (j) For purposes of determining the required State
6contribution to the System, the value of the System's assets
7shall be equal to the actuarial value of the System's assets,
8which shall be calculated as follows:
9    As of June 30, 2008, the actuarial value of the System's
10assets shall be equal to the market value of the assets as of
11that date. In determining the actuarial value of the System's
12assets for fiscal years after June 30, 2008, any actuarial
13gains or losses from investment return incurred in a fiscal
14year shall be recognized in equal annual amounts over the
155-year period following that fiscal year.
16    (k) For purposes of determining the required State
17contribution to the system for a particular year, the actuarial
18value of assets shall be assumed to earn a rate of return equal
19to the system's actuarially assumed rate of return.
20(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
21100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.
228-14-18; revised 10-4-18.)
 
23    Section 10. The School Code is amended by changing Sections
2421B-20, 21B-25, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and
25by adding Section 24-8.5 as follows:
 

 

 

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1    (105 ILCS 5/21B-20)
2    Sec. 21B-20. Types of licenses. The State Board of
3Education shall implement a system of educator licensure,
4whereby individuals employed in school districts who are
5required to be licensed must have one of the following
6licenses: (i) a professional educator license; (ii) an educator
7license with stipulations; (iii) a substitute teaching
8license; or (iv) until June 30, 2023, a short-term substitute
9teaching license. References in law regarding individuals
10certified or certificated or required to be certified or
11certificated under Article 21 of this Code shall also include
12individuals licensed or required to be licensed under this
13Article. The first year of all licenses ends on June 30
14following one full year of the license being issued.
15    The State Board of Education, in consultation with the
16State Educator Preparation and Licensure Board, may adopt such
17rules as may be necessary to govern the requirements for
18licenses 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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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

 

 

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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,
24eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
25eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
26100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff.

 

 

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18-14-18; revised 10-1-18.)
 
2    (105 ILCS 5/21B-25)
3    Sec. 21B-25. Endorsement on licenses. All licenses issued
4under paragraph (1) of Section 21B-20 of this Code shall be
5specifically endorsed by the State Board of Education for each
6content area, school support area, and administrative area for
7which the holder of the license is qualified. Recognized
8institutions approved to offer educator preparation programs
9shall be trained to add endorsements to licenses issued to
10applicants who meet all of the requirements for the endorsement
11or endorsements, including passing any required tests. The
12State Superintendent of Education shall randomly audit
13institutions to ensure that all rules and standards are being
14followed for entitlement or when endorsements are being
15recommended.
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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

 

 

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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;
599-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.
68-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780,
7eff. 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
12State Educator Preparation and Licensure Board, shall design
13and implement a system of examinations, which shall be required
14prior to the issuance of educator licenses. These examinations
15and indicators must be based on national and State professional
16teaching standards, as determined by the State Board of
17Education, in consultation with the State Educator Preparation
18and Licensure Board. The State Board of Education may adopt
19such rules as may be necessary to implement and administer this
20Section.
21    (c) (Blank). Except as otherwise provided in this Article,
22applicants seeking a Professional Educator License or an
23Educator License with Stipulations shall be required to pass a
24test of basic skills before the license is issued, unless the
25endorsement the individual is seeking does not require passage

 

 

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1of the test. All applicants completing Illinois-approved,
2teacher education or school service personnel preparation
3programs shall be required to pass the State Board of
4Education's recognized test of basic skills prior to starting
5their student teaching or starting the final semester of their
6internship. An institution of higher learning, as defined in
7the Higher Education Student Assistance Act, may not require an
8applicant to complete the State Board's recognized test of
9basic skills prior to the semester before student teaching or
10prior to the semester before starting the final semester of an
11internship. An individual who passes a test of basic skills
12does not need to do so again for subsequent endorsements or
13other educator licenses.
14    (d) All applicants seeking a State license shall be
15required to pass a test of content area knowledge for each area
16of endorsement for which there is an applicable test. There
17shall be no exception to this requirement. No candidate shall
18be allowed to student teach or serve as the teacher of record
19until he or she has passed the applicable content area test.
20    (e) (Blank).
21    (f) Except as otherwise provided in this Article, beginning
22on September 1, 2015, all candidates completing teacher
23preparation programs in this State and all candidates subject
24to Section 21B-35 of this Code are required to pass a teacher
25performance assessment approved by the State Board of
26Education, in consultation with the State Educator Preparation

 

 

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1and Licensure Board. Subject to appropriation, an individual
2who holds a Professional Educator License and is employed for a
3minimum of one school year by a school district designated as
4Tier 1 under Section 18-8.15 may, after application to the
5State Board, receive from the State Board a refund for any
6costs associated with completing the teacher performance
7assessment under this subsection.
8    (g) The Tests of basic skills and content area knowledge
9test and the teacher performance assessment shall be the tests
10that from time to time are designated by the State Board of
11Education, in consultation with the State Educator Preparation
12and Licensure Board, and may be tests prepared by an
13educational testing organization or tests designed by the State
14Board of Education, in consultation with the State Educator
15Preparation and Licensure Board. The areas to be covered by a
16test of basic skills shall include reading, language arts, and
17mathematics. The test of content area knowledge shall assess
18content knowledge in a specific subject field. The tests must
19be designed to be racially neutral to ensure that no person
20taking the tests is discriminated against on the basis of race,
21color, national origin, or other factors unrelated to the
22person's ability to perform as a licensed employee. The score
23required to pass the tests shall be fixed by the State Board of
24Education, in consultation with the State Educator Preparation
25and Licensure Board. The tests shall be administered not fewer
26than 3 times a year at such time and place as may be designated

 

 

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1by the State Board of Education, in consultation with the State
2Educator Preparation and Licensure Board.
3    The State Board shall implement a test or tests to assess
4the speaking, reading, writing, and grammar skills of
5applicants for an endorsement or a license issued under
6subdivision (G) of paragraph (2) of Section 21B-20 of this Code
7in the English language and in the language of the transitional
8bilingual education program requested by the applicant.
9    (h) Except as provided in Section 34-6 of this Code, the
10provisions of this Section shall apply equally in any school
11district subject to Article 34 of this Code.
12    (i) The rules developed to implement and enforce the
13testing requirements under this Section shall include without
14limitation provisions governing test selection, test
15validation and determination of a passing score,
16administration of the tests, frequency of administration,
17applicant fees, frequency of applicants taking the tests, the
18years for which a score is valid, and appropriate special
19accommodations. The State Board of Education shall develop such
20rules as may be needed to ensure uniformity from year to year
21in 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;
2399-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff.
248-14-18; 100-932, eff. 8-17-18; revised 10-1-18.)
 
25    (105 ILCS 5/21B-35)

 

 

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1    Sec. 21B-35. Minimum requirements for educators trained in
2other states or countries.
3    (a) Any applicant who has not been entitled by an
4Illinois-approved educator preparation program at an Illinois
5institution of higher education applying for a Professional
6Educator License endorsed in a teaching field or school support
7personnel 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

 

 

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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
24endorsed in a teaching field or school support personnel area,
25applicants trained in another country must meet all of the
26following requirements:

 

 

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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.

 

 

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1        (8) Have completed student teaching or an equivalent
2    experience.
3    (b-5) All applicants who have not been entitled by an
4Illinois-approved educator preparation program at an Illinois
5institution of higher education and applicants trained in
6another country applying for a Professional Educator License
7endorsed for principal or superintendent must hold a master's
8degree from a regionally accredited institution of higher
9education and must hold a comparable and valid educator license
10or certificate with similar grade level and subject matter
11credentials, with the State Board of Education having the
12authority to determine what constitutes similar grade level and
13subject matter credentials from another state, or must meet all
14of 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

 

 

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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
13Illinois-approved educator preparation program at an Illinois
14institution of higher education applying for a Professional
15Educator License endorsed for Director of Special Education
16must hold a master's degree from a regionally accredited
17institution of higher education and must hold a comparable and
18valid educator license or certificate with similar grade level
19and subject matter credentials, with the State Board of
20Education having the authority to determine what constitutes
21similar grade level and subject matter credentials from another
22state, 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

 

 

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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
11Illinois-approved educator preparation program at an Illinois
12institution of higher education applying for a Professional
13Educator License endorsed for chief school business official
14must hold a master's degree from a regionally accredited
15institution of higher education and must hold a comparable and
16valid educator license or certificate with similar grade level
17and subject matter credentials, with the State Board of
18Education having the authority to determine what constitutes
19similar grade level and subject matter credentials from another
20state, 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

 

 

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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
11State Educator Preparation and Licensure Board, may adopt such
12rules 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,
14eff. 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
18program, to be known as the Alternative Educator Licensure
19Program for Teachers.
20    (b) The Alternative Educator Licensure Program for
21Teachers may be offered by a recognized institution approved to
22offer educator preparation programs by the State Board of
23Education, in consultation with the State Educator Preparation
24and Licensure Board.
25    The program shall be comprised of 4 phases:

 

 

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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

 

 

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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
15satisfy any other practice or student teaching and content
16matter requirements established by law.
17    (c) An alternative provisional educator endorsement on an
18Educator License with Stipulations is valid for 2 years of
19teaching in the public schools, including without limitation a
20preschool educational program under Section 2-3.71 of this Code
21or charter school, or in a State-recognized nonpublic school in
22which the chief administrator is required to have the licensure
23necessary to be a principal in a public school in this State
24and in which a majority of the teachers are required to have
25the licensure necessary to be instructors in a public school in
26this State, but may be renewed for a third year if needed to

 

 

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1complete the Alternative Educator Licensure Program for
2Teachers. The endorsement shall be issued only once to an
3individual 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
24educator endorsement may receive a salary, benefits, and any
25other terms of employment offered to teachers in the school who
26are members of an exclusive bargaining representative, if any,

 

 

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1but a school is not required to provide these benefits during
2the years of residency if the candidate is serving only as a
3co-teacher. If the candidate is serving as the teacher of
4record, the candidate must receive a salary, benefits, and any
5other terms of employment. Residency experiences must not be
6counted towards tenure.
7    (d) The recognized institution offering the Alternative
8Educator Licensure Program for Teachers must partner with a
9school district, including without limitation a preschool
10educational program under Section 2-3.71 of this Code or
11charter school, or a State-recognized, nonpublic school in this
12State in which the chief administrator is required to have the
13licensure necessary to be a principal in a public school in
14this State and in which a majority of the teachers are required
15to have the licensure necessary to be instructors in a public
16school in this State. A recognized institution that partners
17with a public school district administering a preschool
18educational program under Section 2-3.71 of this Code must
19require a principal to recommend or evaluate candidates in the
20program. A recognized institution that partners with an
21eligible entity administering a preschool educational program
22under Section 2-3.71 of this Code and that is not a public
23school district must require a principal or qualified
24equivalent of a principal to recommend or evaluate candidates
25in the program. The program presented for approval by the State
26Board of Education must demonstrate the supports that are to be

 

 

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1provided to assist the provisional teacher during the 2-year
2residency period. These supports must provide additional
3contact 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
621B-30 of this Code, an individual shall receive a Professional
7Educator License.
8    (f) The State Board of Education, in consultation with the
9State Educator Preparation and Licensure Board, may adopt such
10rules as may be necessary to establish and implement the
11Alternative Educator Licensure Program for Teachers.
12(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
13100-822, eff. 1-1-19.)
 
14    (105 ILCS 5/21B-55)
15    Sec. 21B-55. Alternative route to superintendent
16endorsement.
17    (a) The State Board of Education, in consultation with the
18State Educator Preparation and Licensure Board, may approve
19programs designed to provide an alternative route to
20superintendent endorsement on a Professional Educator License.
21    (b) Entities offering an alternative route to
22superintendent endorsement program must have the program
23approved by the State Board of Education, in consultation with
24the State Educator Preparation and Licensure Board.
25    (c) All programs approved under this Section shall be

 

 

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1comprised 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)
13of subsection (c) of this Section, an individual must be issued
14an alternative provisional superintendent endorsement on an
15Educator License with Stipulations, to be valid for only one
16year of serving as a superintendent. In order to receive the
17provisional alternative superintendent endorsement under this
18Section, an individual must meet all of the following
19requirements:
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
5superintendent endorsement program shall be deemed to satisfy
6any other supervisory, administrative, or management
7experience requirements established by law, and, once
8completed, an individual shall be eligible for a superintendent
9endorsement on a Professional Educator License.
10    (f) The State Board of Education, in consultation with the
11State Educator Preparation and Licensure Board, may adopt such
12rules as may be needed to establish and implement these
13alternative route to superintendent endorsement programs.
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
17may provide a salary to a student teacher employed by the
18district. A school district may fix the amount of salary to pay
19a student teacher under this Section.
 
20    (105 ILCS 5/27A-10)
21    Sec. 27A-10. Employees.
22    (a) A person shall be deemed to be employed by a charter
23school unless a collective bargaining agreement or the charter
24school contract otherwise provides.

 

 

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1    (b) In all school districts, including special charter
2districts and districts located in cities having a population
3exceeding 500,000, the local school board shall determine by
4policy or by negotiated agreement, if one exists, the
5employment status of any school district employees who are
6employed by a charter school and who seek to return to
7employment in the public schools of the district. Each local
8school board shall grant, for a period of up to 5 years, a
9leave of absence to those of its teachers who accept employment
10with a charter school. At the end of the authorized leave of
11absence, the teacher must return to the school district or
12resign; provided, however, that if the teacher chooses to
13return to the school district, the teacher must be assigned to
14a position which requires the teacher's certification and legal
15qualifications. The contractual continued service status and
16retirement benefits of a teacher of the district who is granted
17a leave of absence to accept employment with a charter school
18shall not be affected by that leave of absence.
19    (c) Charter schools shall employ in instructional
20positions, as defined in the charter, individuals who are
21certificated under Article 21 of this Code or who possess the
22following 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
13certification in instructional positions shall provide such
14mentoring, training, and staff development for those
15individuals as the charter schools determine necessary for
16satisfactory performance in the classroom.
17    At least 50% of the individuals employed in instructional
18positions by a charter school that is operating in a city
19having a population exceeding 500,000 and that is established
20on or after April 16, 2003 shall hold teaching certificates
21issued under Article 21 of this Code.
22    At least 75% of the individuals employed in instructional
23positions by a charter school that is operating in a city
24having a population exceeding 500,000 and that was established
25before April 16, 2003 shall hold teaching certificates issued
26under Article 21 of this Code.

 

 

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1    (c-10) Notwithstanding any provision in subsection (c-5)
2to the contrary, in any charter school established before the
3effective date of this amendatory Act of the 96th General
4Assembly, at least 75% of the individuals employed in
5instructional positions by the charter school shall hold
6teaching certificates issued under Article 21 of this Code
7beginning with the 2012-2013 school year. In any charter school
8established after the effective date of this amendatory Act of
9the 96th General Assembly, at least 75% of the individuals
10employed in instructional positions by a charter school shall
11hold teaching certificates issued under Article 21 of this Code
12by the beginning of the fourth school year during which a
13student is enrolled in the charter school. Charter schools may
14employ non-certificated staff in all other positions.
15    (c-15) Charter schools are exempt from any annual cap on
16new participants in an alternative certification program. The
17second and third phases of the alternative certification
18program may be conducted and completed at the charter school,
19and the alternative teaching certificate is valid for 4 years
20or the length of the charter (or any extension of the charter),
21whichever is longer.
22    (d) A teacher at a charter school may resign his or her
23position only if the teacher gives notice of resignation to the
24charter school's governing body at least 60 days before the end
25of the school term, and the resignation must take effect
26immediately 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
3becoming law.