|
| | SB1952 Engrossed | | LRB101 10858 AXK 55998 b |
|
|
1 | | AN ACT concerning education.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Illinois Pension Code is amended by changing |
5 | | Sections 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 |
9 | | appropriations of
amounts which, together with the other |
10 | | employer contributions from trust,
federal, and other funds, |
11 | | employee contributions, income from investments,
and other |
12 | | income of this System, will be sufficient to meet the cost of
|
13 | | maintaining and administering the System on a 90% funded basis |
14 | | in accordance
with actuarial recommendations.
|
15 | | The Board shall determine the amount of State contributions |
16 | | required for
each fiscal year on the basis of the actuarial |
17 | | tables and other assumptions
adopted by the Board and the |
18 | | recommendations of the actuary, using the formula
in subsection |
19 | | (a-1).
|
20 | | (a-1) For State fiscal years 2012 through 2045, the minimum |
21 | | contribution
to the System to be made by the State for each |
22 | | fiscal year shall be an amount
determined by the System to be |
23 | | sufficient to bring the total assets of the
System up to 90% of |
|
| | SB1952 Engrossed | - 2 - | LRB101 10858 AXK 55998 b |
|
|
1 | | the total actuarial liabilities of the System by the end of
|
2 | | State fiscal year 2045. In making these determinations, the |
3 | | required State
contribution shall be calculated each year as a |
4 | | level percentage of payroll
over the years remaining to and |
5 | | including fiscal year 2045 and shall be
determined under the |
6 | | projected unit credit actuarial cost method.
|
7 | | For each of State fiscal years 2018, 2019, and 2020, the |
8 | | State shall make an additional contribution to the System equal |
9 | | to 2% of the total payroll of each employee who is deemed to |
10 | | have elected the benefits under Section 1-161 or who has made |
11 | | the election under subsection (c) of Section 1-161. |
12 | | A change in an actuarial or investment assumption that |
13 | | increases or
decreases the required State contribution and |
14 | | first
applies in State fiscal year 2018 or thereafter shall be
|
15 | | implemented in equal annual amounts over a 5-year period
|
16 | | beginning in the State fiscal year in which the actuarial
|
17 | | change first applies to the required State contribution. |
18 | | A change in an actuarial or investment assumption that |
19 | | increases or
decreases the required State contribution and |
20 | | first
applied to the State contribution in fiscal year 2014, |
21 | | 2015, 2016, or 2017 shall be
implemented: |
22 | | (i) as already applied in State fiscal years before |
23 | | 2018; and |
24 | | (ii) in the portion of the 5-year period beginning in |
25 | | the State fiscal year in which the actuarial
change first |
26 | | applied that occurs in State fiscal year 2018 or |
|
| | SB1952 Engrossed | - 3 - | LRB101 10858 AXK 55998 b |
|
|
1 | | thereafter, by calculating the change in equal annual |
2 | | amounts over that 5-year period and then implementing it at |
3 | | the resulting annual rate in each of the remaining fiscal |
4 | | years in that 5-year period. |
5 | | For State fiscal years 1996 through 2005, the State |
6 | | contribution to
the System, as a percentage of the applicable |
7 | | employee payroll, shall be
increased in equal annual increments |
8 | | so that by State fiscal year 2011, the
State is contributing at |
9 | | the rate required under this Section.
|
10 | | Notwithstanding any other provision of this Article, the |
11 | | total required State
contribution for State fiscal year 2006 is |
12 | | $166,641,900.
|
13 | | Notwithstanding any other provision of this Article, the |
14 | | total 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 |
17 | | contribution to
the System, as a percentage of the applicable |
18 | | employee payroll, shall be
increased in equal annual increments |
19 | | from the required State contribution for State fiscal year |
20 | | 2007, so that by State fiscal year 2011, the
State is |
21 | | contributing at the rate otherwise required under this Section.
|
22 | | Notwithstanding any other provision of this Article, the |
23 | | total required State contribution for State fiscal year 2010 is |
24 | | $702,514,000 and shall be made from the State Pensions Fund and |
25 | | proceeds of bonds sold in fiscal year 2010 pursuant to Section |
26 | | 7.2 of the General Obligation Bond Act, less (i) the pro rata |
|
| | SB1952 Engrossed | - 4 - | LRB101 10858 AXK 55998 b |
|
|
1 | | share of bond sale expenses determined by the System's share of |
2 | | total bond proceeds, (ii) any amounts received from the General |
3 | | Revenue Fund in fiscal year 2010, (iii) any reduction in bond |
4 | | proceeds due to the issuance of discounted bonds, if |
5 | | applicable. |
6 | | Notwithstanding any other provision of this Article, the
|
7 | | total required State contribution for State fiscal year 2011 is
|
8 | | the amount recertified by the System on or before April 1, 2011 |
9 | | pursuant to Section 15-165 and shall be made from the State |
10 | | Pensions Fund and
proceeds of bonds sold in fiscal year 2011 |
11 | | pursuant to Section
7.2 of the General Obligation Bond Act, |
12 | | less (i) the pro rata
share of bond sale expenses determined by |
13 | | the System's share of
total bond proceeds, (ii) any amounts |
14 | | received from the General
Revenue Fund in fiscal year 2011, and |
15 | | (iii) any reduction in bond
proceeds due to the issuance of |
16 | | discounted bonds, if
applicable. |
17 | | Beginning in State fiscal year 2046, the minimum State |
18 | | contribution for
each fiscal year shall be the amount needed to |
19 | | maintain the total assets of
the System at 90% of the total |
20 | | actuarial liabilities of the System.
|
21 | | Amounts received by the System pursuant to Section 25 of |
22 | | the Budget Stabilization Act or Section 8.12 of the State |
23 | | Finance Act in any fiscal year do not reduce and do not |
24 | | constitute payment of any portion of the minimum State |
25 | | contribution required under this Article in that fiscal year. |
26 | | Such amounts shall not reduce, and shall not be included in the |
|
| | SB1952 Engrossed | - 5 - | LRB101 10858 AXK 55998 b |
|
|
1 | | calculation of, the required State contributions under this |
2 | | Article in any future year until the System has reached a |
3 | | funding ratio of at least 90%. A reference in this Article to |
4 | | the "required State contribution" or any substantially similar |
5 | | term does not include or apply to any amounts payable to the |
6 | | System under Section 25 of the Budget Stabilization Act. |
7 | | Notwithstanding any other provision of this Section, the |
8 | | required State
contribution for State fiscal year 2005 and for |
9 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
10 | | under this Section and
certified under Section 15-165, shall |
11 | | not exceed an amount equal to (i) the
amount of the required |
12 | | State contribution that would have been calculated under
this |
13 | | Section for that fiscal year if the System had not received any |
14 | | payments
under subsection (d) of Section 7.2 of the General |
15 | | Obligation Bond Act, minus
(ii) the portion of the State's |
16 | | total debt service payments for that fiscal
year on the bonds |
17 | | issued in fiscal year 2003 for the purposes of that Section |
18 | | 7.2, as determined
and certified by the Comptroller, that is |
19 | | the same as the System's portion of
the total moneys |
20 | | distributed under subsection (d) of Section 7.2 of the General
|
21 | | Obligation Bond Act. In determining this maximum for State |
22 | | fiscal years 2008 through 2010, however, the amount referred to |
23 | | in item (i) shall be increased, as a percentage of the |
24 | | applicable employee payroll, in equal increments calculated |
25 | | from the sum of the required State contribution for State |
26 | | fiscal year 2007 plus the applicable portion of the State's |
|
| | SB1952 Engrossed | - 6 - | LRB101 10858 AXK 55998 b |
|
|
1 | | total debt service payments for fiscal year 2007 on the bonds |
2 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
3 | | the General
Obligation Bond Act, so that, by State fiscal year |
4 | | 2011, the
State is contributing at the rate otherwise required |
5 | | under this Section.
|
6 | | (a-2) Beginning in fiscal year 2018, each employer under |
7 | | this Article shall pay to the System a required contribution |
8 | | determined as a percentage of projected payroll and sufficient |
9 | | to produce an annual amount equal to: |
10 | | (i) for each of fiscal years 2018, 2019, and 2020, the |
11 | | defined benefit normal cost of the defined benefit plan, |
12 | | less the employee contribution, for each employee of that |
13 | | employer who has elected or who is deemed to have elected |
14 | | the benefits under Section 1-161 or who has made the |
15 | | election under subsection (c) of Section 1-161; for fiscal |
16 | | year 2021 and each fiscal year thereafter, the defined |
17 | | benefit normal cost of the defined benefit plan, less the |
18 | | employee contribution, plus 2%, for each employee of that |
19 | | employer who has elected or who is deemed to have elected |
20 | | the benefits under Section 1-161 or who has made the |
21 | | election under subsection (c) of Section 1-161; plus |
22 | | (ii) the amount required for that fiscal year to |
23 | | amortize any unfunded actuarial accrued liability |
24 | | associated with the present value of liabilities |
25 | | attributable to the employer's account under Section |
26 | | 15-155.2, determined
as a level percentage of payroll over |
|
| | SB1952 Engrossed | - 7 - | LRB101 10858 AXK 55998 b |
|
|
1 | | a 30-year rolling amortization period. |
2 | | In determining contributions required under item (i) of |
3 | | this subsection, the System shall determine an aggregate rate |
4 | | for all employers, expressed as a percentage of projected |
5 | | payroll. |
6 | | In determining the contributions required under item (ii) |
7 | | of this subsection, the amount shall be computed by the System |
8 | | on the basis of the actuarial assumptions and tables used in |
9 | | the most recent actuarial valuation of the System that is |
10 | | available at the time of the computation. |
11 | | The contributions required under this subsection (a-2) |
12 | | shall be paid by an employer concurrently with that employer's |
13 | | payroll payment period. The State, as the actual employer of an |
14 | | employee, shall make the required contributions under this |
15 | | subsection. |
16 | | As used in this subsection, "academic year" means the |
17 | | 12-month period beginning September 1. |
18 | | (b) If an employee is paid from trust or federal funds, the |
19 | | employer
shall pay to the Board contributions from those funds |
20 | | which are
sufficient to cover the accruing normal costs on |
21 | | behalf of the employee.
However, universities having employees |
22 | | who are compensated out of local
auxiliary funds, income funds, |
23 | | or service enterprise funds are not required
to pay such |
24 | | contributions on behalf of those employees. The local auxiliary
|
25 | | funds, income funds, and service enterprise funds of |
26 | | universities shall not be
considered trust funds for the |
|
| | SB1952 Engrossed | - 8 - | LRB101 10858 AXK 55998 b |
|
|
1 | | purpose of this Article, but funds of alumni
associations, |
2 | | foundations, and athletic associations which are affiliated |
3 | | with
the universities included as employers under this Article |
4 | | and other employers
which do not receive State appropriations |
5 | | are considered to be trust funds for
the purpose of this |
6 | | Article.
|
7 | | (b-1) The City of Urbana and the City of Champaign shall |
8 | | each make
employer contributions to this System for their |
9 | | respective firefighter
employees who participate in this |
10 | | System pursuant to subsection (h) of Section
15-107. The rate |
11 | | of contributions to be made by those municipalities shall
be |
12 | | determined annually by the Board on the basis of the actuarial |
13 | | assumptions
adopted by the Board and the recommendations of the |
14 | | actuary, and shall be
expressed as a percentage of salary for |
15 | | each such employee. The Board shall
certify the rate to the |
16 | | affected municipalities as soon as may be practical.
The |
17 | | employer contributions required under this subsection shall be |
18 | | remitted by
the municipality to the System at the same time and |
19 | | in the same manner as
employee contributions.
|
20 | | (c) Through State fiscal year 1995: The total employer |
21 | | contribution shall
be apportioned among the various funds of |
22 | | the State and other employers,
whether trust, federal, or other |
23 | | funds, in accordance with actuarial procedures
approved by the |
24 | | Board. State of Illinois contributions for employers receiving
|
25 | | State appropriations for personal services shall be payable |
26 | | from appropriations
made to the employers or to the System. The |
|
| | SB1952 Engrossed | - 9 - | LRB101 10858 AXK 55998 b |
|
|
1 | | contributions for Class I
community colleges covering earnings |
2 | | other than those paid from trust and
federal funds, shall be |
3 | | payable solely from appropriations to the Illinois
Community |
4 | | College Board or the System for employer contributions.
|
5 | | (d) Beginning in State fiscal year 1996, the required State |
6 | | contributions
to the System shall be appropriated directly to |
7 | | the System and shall be payable
through vouchers issued in |
8 | | accordance with subsection (c) of Section 15-165, except as |
9 | | provided in subsection (g).
|
10 | | (e) The State Comptroller shall draw warrants payable to |
11 | | the System upon
proper certification by the System or by the |
12 | | employer in accordance with the
appropriation laws and this |
13 | | Code.
|
14 | | (f) Normal costs under this Section means liability for
|
15 | | pensions and other benefits which accrues to the System because |
16 | | of the
credits earned for service rendered by the participants |
17 | | during the
fiscal year and expenses of administering the |
18 | | System, but shall not
include the principal of or any |
19 | | redemption premium or interest on any bonds
issued by the Board |
20 | | or any expenses incurred or deposits required in
connection |
21 | | therewith.
|
22 | | (g) If For academic years beginning on or after June 1, |
23 | | 2005 and before July 1, 2018 and for earnings paid to a |
24 | | participant under a contract or collective bargaining |
25 | | agreement entered into, amended, or renewed before the |
26 | | effective date of this amendatory Act of the 100th General |
|
| | SB1952 Engrossed | - 10 - | LRB101 10858 AXK 55998 b |
|
|
1 | | Assembly, if the amount of a participant's earnings for any |
2 | | academic year used to determine the final rate of earnings, |
3 | | determined on a full-time equivalent basis, exceeds the amount |
4 | | of his or her earnings with the same employer for the previous |
5 | | academic year, determined on a full-time equivalent basis, by |
6 | | more than 6%, the participant's employer shall pay to the |
7 | | System, in addition to all other payments required under this |
8 | | Section and in accordance with guidelines established by the |
9 | | System, the present value of the increase in benefits resulting |
10 | | from the portion of the increase in earnings that is in excess |
11 | | of 6%. This present value shall be computed by the System on |
12 | | the basis of the actuarial assumptions and tables used in the |
13 | | most recent actuarial valuation of the System that is available |
14 | | at the time of the computation. The System may require the |
15 | | employer to provide any pertinent information or |
16 | | documentation. |
17 | | Whenever it determines that a payment is or may be required |
18 | | under this subsection (g), the System shall calculate the |
19 | | amount of the payment and bill the employer for that amount. |
20 | | The bill shall specify the calculations used to determine the |
21 | | amount due. If the employer disputes the amount of the bill, it |
22 | | may, within 30 days after receipt of the bill, apply to the |
23 | | System in writing for a recalculation. The application must |
24 | | specify in detail the grounds of the dispute and, if the |
25 | | employer asserts that the calculation is subject to subsection |
26 | | (h) or (i) of this Section or that subsection (g-1) applies , |
|
| | SB1952 Engrossed | - 11 - | LRB101 10858 AXK 55998 b |
|
|
1 | | must include an affidavit setting forth and attesting to all |
2 | | facts within the employer's knowledge that are pertinent to the |
3 | | applicability of that subsection. Upon receiving a timely |
4 | | application for recalculation, the System shall review the |
5 | | application and, if appropriate, recalculate the amount due.
|
6 | | The employer contributions required under this subsection |
7 | | (g) may be paid in the form of a lump sum within 90 days after |
8 | | receipt of the bill. If the employer contributions are not paid |
9 | | within 90 days after receipt of the bill, then interest will be |
10 | | charged at a rate equal to the System's annual actuarially |
11 | | assumed rate of return on investment compounded annually from |
12 | | the 91st day after receipt of the bill. Payments must be |
13 | | concluded within 3 years after the employer's receipt of the |
14 | | bill. |
15 | | When assessing payment for any amount due under this |
16 | | subsection (g), the System shall include earnings, to the |
17 | | extent not established by a participant under Section 15-113.11 |
18 | | or 15-113.12, that would have been paid to the participant had |
19 | | the participant not taken (i) periods of voluntary or |
20 | | involuntary furlough occurring on or after July 1, 2015 and on |
21 | | or before June 30, 2017 or (ii) periods of voluntary pay |
22 | | reduction in lieu of furlough occurring on or after July 1, |
23 | | 2015 and on or before June 30, 2017. Determining earnings that |
24 | | would have been paid to a participant had the participant not |
25 | | taken periods of voluntary or involuntary furlough or periods |
26 | | of voluntary pay reduction shall be the responsibility of the |
|
| | SB1952 Engrossed | - 12 - | LRB101 10858 AXK 55998 b |
|
|
1 | | employer, and shall be reported in a manner prescribed by the |
2 | | System. |
3 | | This subsection (g) does not apply to (1) Tier 2 hybrid |
4 | | plan members and (2) Tier 2 defined benefit members who first |
5 | | participate under this Article on or after the implementation |
6 | | date of the Optional Hybrid Plan. |
7 | | (g-1) (Blank). For academic years beginning on or after |
8 | | July 1, 2018 and for earnings paid to a participant under a |
9 | | contract or collective bargaining agreement entered into, |
10 | | amended, or renewed on or after the effective date of this |
11 | | amendatory Act of the 100th General Assembly , if the amount of |
12 | | a participant's earnings for any academic year used to |
13 | | determine the final rate of earnings, determined on a full-time |
14 | | equivalent basis, exceeds the amount of his or her earnings |
15 | | with the same employer for the previous academic year, |
16 | | determined on a full-time equivalent basis, by more than 3%, |
17 | | then the participant's employer shall pay to the System, in |
18 | | addition to all other payments required under this Section and |
19 | | in accordance with guidelines established by the System, the |
20 | | present value of the increase in benefits resulting from the |
21 | | portion of the increase in earnings that is in excess of 3%. |
22 | | This present value shall be computed by the System on the basis |
23 | | of the actuarial assumptions and tables used in the most recent |
24 | | actuarial valuation of the System that is available at the time |
25 | | of the computation. The System may require the employer to |
26 | | provide any pertinent information or documentation. |
|
| | SB1952 Engrossed | - 13 - | LRB101 10858 AXK 55998 b |
|
|
1 | | Whenever it determines that a payment is or may be required |
2 | | under this subsection (g-1), the System shall calculate the |
3 | | amount of the payment and bill the employer for that amount. |
4 | | The bill shall specify the calculations used to determine the |
5 | | amount due. If the employer disputes the amount of the bill, it |
6 | | may, within 30 days after receipt of the bill, apply to the |
7 | | System in writing for a recalculation. The application must |
8 | | specify in detail the grounds of the dispute and, if the |
9 | | employer asserts that subsection (g) of this Section applies, |
10 | | must include an affidavit setting forth and attesting to all |
11 | | facts within the employer's knowledge that are pertinent to the |
12 | | applicability of subsection (g). Upon receiving a timely |
13 | | application for recalculation, the System shall review the |
14 | | application and, if appropriate, recalculate the amount due. |
15 | | The employer contributions required under this subsection |
16 | | (g-1) may be paid in the form of a lump sum within 90 days after |
17 | | receipt of the bill. If the employer contributions are not paid |
18 | | within 90 days after receipt of the bill, then interest shall |
19 | | be charged at a rate equal to the System's annual actuarially |
20 | | assumed rate of return on investment compounded annually from |
21 | | the 91st day after receipt of the bill. Payments must be |
22 | | concluded within 3 years after the employer's receipt of the |
23 | | bill. |
24 | | This subsection (g-1) does not apply to (1) Tier 2 hybrid |
25 | | plan members and (2) Tier 2 defined benefit members who first |
26 | | participate under this Article on or after the implementation |
|
| | SB1952 Engrossed | - 14 - | LRB101 10858 AXK 55998 b |
|
|
1 | | date of the Optional Hybrid Plan. |
2 | | (h) This subsection (h) applies only to payments made or |
3 | | salary increases given on or after June 1, 2005 but before July |
4 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
5 | | require the System to refund any payments received before July |
6 | | 31, 2006 (the effective date of Public Act 94-1057). |
7 | | When assessing payment for any amount due under subsection |
8 | | (g), the System shall exclude earnings increases paid to |
9 | | participants under contracts or collective bargaining |
10 | | agreements entered into, amended, or renewed before June 1, |
11 | | 2005.
|
12 | | When assessing payment for any amount due under subsection |
13 | | (g), the System shall exclude earnings increases paid to a |
14 | | participant at a time when the participant is 10 or more years |
15 | | from retirement eligibility under Section 15-135.
|
16 | | When assessing payment for any amount due under subsection |
17 | | (g), the System shall exclude earnings increases resulting from |
18 | | overload work, including a contract for summer teaching, or |
19 | | overtime when the employer has certified to the System, and the |
20 | | System has approved the certification, that: (i) in the case of |
21 | | overloads (A) the overload work is for the sole purpose of |
22 | | academic instruction in excess of the standard number of |
23 | | instruction hours for a full-time employee occurring during the |
24 | | academic year that the overload is paid and (B) the earnings |
25 | | increases are equal to or less than the rate of pay for |
26 | | academic instruction computed using the participant's current |
|
| | SB1952 Engrossed | - 15 - | LRB101 10858 AXK 55998 b |
|
|
1 | | salary rate and work schedule; and (ii) in the case of |
2 | | overtime, the overtime was necessary for the educational |
3 | | mission. |
4 | | When assessing payment for any amount due under subsection |
5 | | (g), the System shall exclude any earnings increase resulting |
6 | | from (i) a promotion for which the employee moves from one |
7 | | classification to a higher classification under the State |
8 | | Universities Civil Service System, (ii) a promotion in academic |
9 | | rank for a tenured or tenure-track faculty position, or (iii) a |
10 | | promotion that the Illinois Community College Board has |
11 | | recommended in accordance with subsection (k) of this Section. |
12 | | These earnings increases shall be excluded only if the |
13 | | promotion is to a position that has existed and been filled by |
14 | | a member for no less than one complete academic year and the |
15 | | earnings increase as a result of the promotion is an increase |
16 | | that results in an amount no greater than the average salary |
17 | | paid for other similar positions. |
18 | | (i) When assessing payment for any amount due under |
19 | | subsection (g), the System shall exclude any salary increase |
20 | | described in subsection (h) of this Section given on or after |
21 | | July 1, 2011 but before July 1, 2014 under a contract or |
22 | | collective bargaining agreement entered into, amended, or |
23 | | renewed on or after June 1, 2005 but before July 1, 2011. |
24 | | Notwithstanding any other provision of this Section, any |
25 | | payments made or salary increases given after June 30, 2014 |
26 | | shall be used in assessing payment for any amount due under |
|
| | SB1952 Engrossed | - 16 - | LRB101 10858 AXK 55998 b |
|
|
1 | | subsection (g) of this Section.
|
2 | | (j) The System shall prepare a report and file copies of |
3 | | the report with the Governor and the General Assembly by |
4 | | January 1, 2007 that contains all of the following information: |
5 | | (1) The number of recalculations required by the |
6 | | changes made to this Section by Public Act 94-1057 for each |
7 | | employer. |
8 | | (2) The dollar amount by which each employer's |
9 | | contribution to the System was changed due to |
10 | | recalculations required by Public Act 94-1057. |
11 | | (3) The total amount the System received from each |
12 | | employer as a result of the changes made to this Section by |
13 | | Public Act 94-4. |
14 | | (4) The increase in the required State contribution |
15 | | resulting from the changes made to this Section by Public |
16 | | Act 94-1057. |
17 | | (j-5) For State fiscal years beginning on or after July 1, |
18 | | 2017, if the amount of a participant's earnings for any State |
19 | | fiscal year exceeds the amount of the salary set by law for the |
20 | | Governor that is in effect on July 1 of that fiscal year, the |
21 | | participant's employer shall pay to the System, in addition to |
22 | | all other payments required under this Section and in |
23 | | accordance with guidelines established by the System, an amount |
24 | | determined by the System to be equal to the employer normal |
25 | | cost, as established by the System and expressed as a total |
26 | | percentage of payroll, multiplied by the amount of earnings in |
|
| | SB1952 Engrossed | - 17 - | LRB101 10858 AXK 55998 b |
|
|
1 | | excess of the amount of the salary set by law for the Governor. |
2 | | This amount shall be computed by the System on the basis of the |
3 | | actuarial assumptions and tables used in the most recent |
4 | | actuarial valuation of the System that is available at the time |
5 | | of the computation. The System may require the employer to |
6 | | provide any pertinent information or documentation. |
7 | | Whenever it determines that a payment is or may be required |
8 | | under this subsection, the System shall calculate the amount of |
9 | | the payment and bill the employer for that amount. The bill |
10 | | shall specify the calculation used to determine the amount due. |
11 | | If the employer disputes the amount of the bill, it may, within |
12 | | 30 days after receipt of the bill, apply to the System in |
13 | | writing for a recalculation. The application must specify in |
14 | | detail the grounds of the dispute. Upon receiving a timely |
15 | | application for recalculation, the System shall review the |
16 | | application and, if appropriate, recalculate the amount due. |
17 | | The employer contributions required under this subsection |
18 | | may be paid in the form of a lump sum within 90 days after |
19 | | issuance of the bill. If the employer contributions are not |
20 | | paid within 90 days after issuance of the bill, then interest |
21 | | will be charged at a rate equal to the System's annual |
22 | | actuarially assumed rate of return on investment compounded |
23 | | annually from the 91st day after issuance of the bill. All |
24 | | payments must be received within 3 years after issuance of the |
25 | | bill. If the employer fails to make complete payment, including |
26 | | applicable interest, within 3 years, then the System may, after |
|
| | SB1952 Engrossed | - 18 - | LRB101 10858 AXK 55998 b |
|
|
1 | | giving notice to the employer, certify the delinquent amount to |
2 | | the State Comptroller, and the Comptroller shall thereupon |
3 | | deduct the certified delinquent amount from State funds payable |
4 | | to the employer and pay them instead to the System. |
5 | | This subsection (j-5) does not apply to a participant's |
6 | | earnings to the extent an employer pays the employer normal |
7 | | cost of such earnings. |
8 | | The changes made to this subsection (j-5) by Public Act |
9 | | 100-624 this amendatory Act of the 100th General Assembly are |
10 | | intended to apply retroactively to July 6, 2017 (the effective |
11 | | date of Public Act 100-23). |
12 | | (k) The Illinois Community College Board shall adopt rules |
13 | | for recommending lists of promotional positions submitted to |
14 | | the Board by community colleges and for reviewing the |
15 | | promotional lists on an annual basis. When recommending |
16 | | promotional lists, the Board shall consider the similarity of |
17 | | the positions submitted to those positions recognized for State |
18 | | universities by the State Universities Civil Service System. |
19 | | The Illinois Community College Board shall file a copy of its |
20 | | findings with the System. The System shall consider the |
21 | | findings of the Illinois Community College Board when making |
22 | | determinations under this Section. The System shall not exclude |
23 | | any earnings increases resulting from a promotion when the |
24 | | promotion was not submitted by a community college. Nothing in |
25 | | this subsection (k) shall require any community college to |
26 | | submit any information to the Community College Board.
|
|
| | SB1952 Engrossed | - 19 - | LRB101 10858 AXK 55998 b |
|
|
1 | | (l) For purposes of determining the required State |
2 | | contribution to the System, the value of the System's assets |
3 | | shall be equal to the actuarial value of the System's assets, |
4 | | which shall be calculated as follows: |
5 | | As of June 30, 2008, the actuarial value of the System's |
6 | | assets shall be equal to the market value of the assets as of |
7 | | that date. In determining the actuarial value of the System's |
8 | | assets for fiscal years after June 30, 2008, any actuarial |
9 | | gains or losses from investment return incurred in a fiscal |
10 | | year shall be recognized in equal annual amounts over the |
11 | | 5-year period following that fiscal year. |
12 | | (m) For purposes of determining the required State |
13 | | contribution to the system for a particular year, the actuarial |
14 | | value of assets shall be assumed to earn a rate of return equal |
15 | | to the system's actuarially assumed rate of return. |
16 | | (Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17; |
17 | | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
|
18 | | (40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
|
19 | | Sec. 16-158. Contributions by State and other employing |
20 | | units.
|
21 | | (a) The State shall make contributions to the System by |
22 | | means of
appropriations from the Common School Fund and other |
23 | | State funds of amounts
which, together with other employer |
24 | | contributions, employee contributions,
investment income, and |
25 | | other income, will be sufficient to meet the cost of
|
|
| | SB1952 Engrossed | - 20 - | LRB101 10858 AXK 55998 b |
|
|
1 | | maintaining and administering the System on a 90% funded basis |
2 | | in accordance
with actuarial recommendations.
|
3 | | The Board shall determine the amount of State contributions |
4 | | required for
each fiscal year on the basis of the actuarial |
5 | | tables and other assumptions
adopted by the Board and the |
6 | | recommendations of the actuary, using the formula
in subsection |
7 | | (b-3).
|
8 | | (a-1) Annually, on or before November 15 until November 15, |
9 | | 2011, the Board shall certify to the
Governor the amount of the |
10 | | required State contribution for the coming fiscal
year. The |
11 | | certification under this subsection (a-1) shall include a copy |
12 | | of the actuarial recommendations
upon which it is based and |
13 | | shall specifically identify the System's projected State |
14 | | normal cost for that fiscal year.
|
15 | | On or before May 1, 2004, the Board shall recalculate and |
16 | | recertify to
the Governor the amount of the required State |
17 | | contribution to the System for
State fiscal year 2005, taking |
18 | | into account the amounts appropriated to and
received by the |
19 | | System under subsection (d) of Section 7.2 of the General
|
20 | | Obligation Bond Act.
|
21 | | On or before July 1, 2005, the Board shall recalculate and |
22 | | recertify
to the Governor the amount of the required State
|
23 | | contribution to the System for State fiscal year 2006, taking |
24 | | into account the changes in required State contributions made |
25 | | by Public Act 94-4.
|
26 | | On or before April 1, 2011, the Board shall recalculate and |
|
| | SB1952 Engrossed | - 21 - | LRB101 10858 AXK 55998 b |
|
|
1 | | recertify to the Governor the amount of the required State |
2 | | contribution to the System for State fiscal year 2011, applying |
3 | | the changes made by Public Act 96-889 to the System's assets |
4 | | and liabilities as of June 30, 2009 as though Public Act 96-889 |
5 | | was approved on that date. |
6 | | (a-5) On or before November 1 of each year, beginning |
7 | | November 1, 2012, the Board shall submit to the State Actuary, |
8 | | the Governor, and the General Assembly a proposed certification |
9 | | of the amount of the required State contribution to the System |
10 | | for the next fiscal year, along with all of the actuarial |
11 | | assumptions, calculations, and data upon which that proposed |
12 | | certification is based. On or before January 1 of each year, |
13 | | beginning January 1, 2013, the State Actuary shall issue a |
14 | | preliminary report concerning the proposed certification and |
15 | | identifying, if necessary, recommended changes in actuarial |
16 | | assumptions that the Board must consider before finalizing its |
17 | | certification of the required State contributions. On or before |
18 | | January 15, 2013 and each January 15 thereafter, the Board |
19 | | shall certify to the Governor and the General Assembly the |
20 | | amount of the required State contribution for the next fiscal |
21 | | year. The Board's certification must note any deviations from |
22 | | the State Actuary's recommended changes, the reason or reasons |
23 | | for not following the State Actuary's recommended changes, and |
24 | | the fiscal impact of not following the State Actuary's |
25 | | recommended changes on the required State contribution. |
26 | | (a-10) By November 1, 2017, the Board shall recalculate and |
|
| | SB1952 Engrossed | - 22 - | LRB101 10858 AXK 55998 b |
|
|
1 | | recertify to the State Actuary, the Governor, and the General |
2 | | Assembly the amount of the State contribution to the System for |
3 | | State fiscal year 2018, taking into account the changes in |
4 | | required State contributions made by Public Act 100-23. The |
5 | | State Actuary shall review the assumptions and valuations |
6 | | underlying the Board's revised certification and issue a |
7 | | preliminary report concerning the proposed recertification and |
8 | | identifying, if necessary, recommended changes in actuarial |
9 | | assumptions that the Board must consider before finalizing its |
10 | | certification of the required State contributions. The Board's |
11 | | final certification must note any deviations from the State |
12 | | Actuary's recommended changes, the reason or reasons for not |
13 | | following the State Actuary's recommended changes, and the |
14 | | fiscal impact of not following the State Actuary's recommended |
15 | | changes on the required State contribution. |
16 | | (a-15) On or after June 15, 2019, but no later than June |
17 | | 30, 2019, the Board shall recalculate and recertify to the |
18 | | Governor and the General Assembly the amount of the State |
19 | | contribution to the System for State fiscal year 2019, taking |
20 | | into account the changes in required State contributions made |
21 | | by Public Act 100-587 this amendatory Act of the 100th General |
22 | | Assembly . The recalculation shall be made using assumptions |
23 | | adopted by the Board for the original fiscal year 2019 |
24 | | certification. The monthly voucher for the 12th month of fiscal |
25 | | year 2019 shall be paid by the Comptroller after the |
26 | | recertification required pursuant to this subsection is |
|
| | SB1952 Engrossed | - 23 - | LRB101 10858 AXK 55998 b |
|
|
1 | | submitted to the Governor, Comptroller, and General Assembly. |
2 | | The recertification submitted to the General Assembly shall be |
3 | | filed with the Clerk of the House of Representatives and the |
4 | | Secretary of the Senate in electronic form only, in the manner |
5 | | that the Clerk and the Secretary shall direct. |
6 | | (b) Through State fiscal year 1995, the State contributions |
7 | | shall be
paid to the System in accordance with Section 18-7 of |
8 | | the School Code.
|
9 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
10 | | of each month,
or as soon thereafter as may be practicable, the |
11 | | Board shall submit vouchers
for payment of State contributions |
12 | | to the System, in a total monthly amount of
one-twelfth of the |
13 | | required annual State contribution certified under
subsection |
14 | | (a-1).
From March 5, 2004 (the
effective date of Public Act |
15 | | 93-665)
through June 30, 2004, the Board shall not submit |
16 | | vouchers for the
remainder of fiscal year 2004 in excess of the |
17 | | fiscal year 2004
certified contribution amount determined |
18 | | under this Section
after taking into consideration the transfer |
19 | | to the System
under subsection (a) of Section 6z-61 of the |
20 | | State Finance Act.
These vouchers shall be paid by the State |
21 | | Comptroller and
Treasurer by warrants drawn on the funds |
22 | | appropriated to the System for that
fiscal year.
|
23 | | If in any month the amount remaining unexpended from all |
24 | | other appropriations
to the System for the applicable fiscal |
25 | | year (including the appropriations to
the System under Section |
26 | | 8.12 of the State Finance Act and Section 1 of the
State |
|
| | SB1952 Engrossed | - 24 - | LRB101 10858 AXK 55998 b |
|
|
1 | | Pension Funds Continuing Appropriation Act) is less than the |
2 | | amount
lawfully vouchered under this subsection, the |
3 | | difference shall be paid from the
Common School Fund under the |
4 | | continuing appropriation authority provided in
Section 1.1 of |
5 | | the State Pension Funds Continuing Appropriation Act.
|
6 | | (b-2) Allocations from the Common School Fund apportioned |
7 | | to school
districts not coming under this System shall not be |
8 | | diminished or affected by
the provisions of this Article.
|
9 | | (b-3) For State fiscal years 2012 through 2045, the minimum |
10 | | contribution
to the System to be made by the State for each |
11 | | fiscal year shall be an amount
determined by the System to be |
12 | | sufficient to bring the total assets of the
System up to 90% of |
13 | | the total actuarial liabilities of the System by the end of
|
14 | | State fiscal year 2045. In making these determinations, the |
15 | | required State
contribution shall be calculated each year as a |
16 | | level percentage of payroll
over the years remaining to and |
17 | | including fiscal year 2045 and shall be
determined under the |
18 | | projected unit credit actuarial cost method.
|
19 | | For each of State fiscal years 2018, 2019, and 2020, the |
20 | | State shall make an additional contribution to the System equal |
21 | | to 2% of the total payroll of each employee who is deemed to |
22 | | have elected the benefits under Section 1-161 or who has made |
23 | | the election under subsection (c) of Section 1-161. |
24 | | A change in an actuarial or investment assumption that |
25 | | increases or
decreases the required State contribution and |
26 | | first
applies in State fiscal year 2018 or thereafter shall be
|
|
| | SB1952 Engrossed | - 25 - | LRB101 10858 AXK 55998 b |
|
|
1 | | implemented in equal annual amounts over a 5-year period
|
2 | | beginning in the State fiscal year in which the actuarial
|
3 | | change first applies to the required State contribution. |
4 | | A change in an actuarial or investment assumption that |
5 | | increases or
decreases the required State contribution and |
6 | | first
applied to the State contribution in fiscal year 2014, |
7 | | 2015, 2016, or 2017 shall be
implemented: |
8 | | (i) as already applied in State fiscal years before |
9 | | 2018; and |
10 | | (ii) in the portion of the 5-year period beginning in |
11 | | the State fiscal year in which the actuarial
change first |
12 | | applied that occurs in State fiscal year 2018 or |
13 | | thereafter, by calculating the change in equal annual |
14 | | amounts over that 5-year period and then implementing it at |
15 | | the resulting annual rate in each of the remaining fiscal |
16 | | years in that 5-year period. |
17 | | For State fiscal years 1996 through 2005, the State |
18 | | contribution to the
System, as a percentage of the applicable |
19 | | employee payroll, shall be increased
in equal annual increments |
20 | | so that by State fiscal year 2011, the State is
contributing at |
21 | | the rate required under this Section; except that in the
|
22 | | following specified State fiscal years, the State contribution |
23 | | to the System
shall not be less than the following indicated |
24 | | percentages of the applicable
employee payroll, even if the |
25 | | indicated percentage will produce a State
contribution in |
26 | | excess of the amount otherwise required under this subsection
|
|
| | SB1952 Engrossed | - 26 - | LRB101 10858 AXK 55998 b |
|
|
1 | | and subsection (a), and notwithstanding any contrary |
2 | | certification made under
subsection (a-1) before May 27, 1998 |
3 | | (the effective date of Public Act 90-582):
10.02% in FY 1999;
|
4 | | 10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY 2002;
12.86% |
5 | | in FY 2003; and
13.56% in FY 2004.
|
6 | | Notwithstanding any other provision of this Article, the |
7 | | total required State
contribution for State fiscal year 2006 is |
8 | | $534,627,700.
|
9 | | Notwithstanding any other provision of this Article, the |
10 | | total required State
contribution for State fiscal year 2007 is |
11 | | $738,014,500.
|
12 | | For each of State fiscal years 2008 through 2009, the State |
13 | | contribution to
the System, as a percentage of the applicable |
14 | | employee payroll, shall be
increased in equal annual increments |
15 | | from the required State contribution for State fiscal year |
16 | | 2007, so that by State fiscal year 2011, the
State is |
17 | | contributing at the rate otherwise required under this Section.
|
18 | | Notwithstanding any other provision of this Article, the |
19 | | total required State contribution for State fiscal year 2010 is |
20 | | $2,089,268,000 and shall be made from the proceeds of bonds |
21 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
22 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
23 | | expenses determined by the System's share of total bond |
24 | | proceeds, (ii) any amounts received from the Common School Fund |
25 | | in fiscal year 2010, and (iii) any reduction in bond proceeds |
26 | | due to the issuance of discounted bonds, if applicable. |
|
| | SB1952 Engrossed | - 27 - | LRB101 10858 AXK 55998 b |
|
|
1 | | Notwithstanding any other provision of this Article, the
|
2 | | total required State contribution for State fiscal year 2011 is
|
3 | | the amount recertified by the System on or before April 1, 2011 |
4 | | pursuant to subsection (a-1) of this Section and shall be made |
5 | | from the proceeds of bonds
sold in fiscal year 2011 pursuant to |
6 | | Section 7.2 of the General
Obligation Bond Act, less (i) the |
7 | | pro rata share of bond sale
expenses determined by the System's |
8 | | share of total bond
proceeds, (ii) any amounts received from |
9 | | the Common School Fund
in fiscal year 2011, and (iii) any |
10 | | reduction in bond proceeds
due to the issuance of discounted |
11 | | bonds, if applicable. This amount shall include, in addition to |
12 | | the amount certified by the System, an amount necessary to meet |
13 | | employer contributions required by the State as an employer |
14 | | under paragraph (e) of this Section, which may also be used by |
15 | | the System for contributions required by paragraph (a) of |
16 | | Section 16-127. |
17 | | Beginning in State fiscal year 2046, the minimum State |
18 | | contribution for
each fiscal year shall be the amount needed to |
19 | | maintain the total assets of
the System at 90% of the total |
20 | | actuarial liabilities of the System.
|
21 | | Amounts received by the System pursuant to Section 25 of |
22 | | the Budget Stabilization Act or Section 8.12 of the State |
23 | | Finance Act in any fiscal year do not reduce and do not |
24 | | constitute payment of any portion of the minimum State |
25 | | contribution required under this Article in that fiscal year. |
26 | | Such amounts shall not reduce, and shall not be included in the |
|
| | SB1952 Engrossed | - 28 - | LRB101 10858 AXK 55998 b |
|
|
1 | | calculation of, the required State contributions under this |
2 | | Article in any future year until the System has reached a |
3 | | funding ratio of at least 90%. A reference in this Article to |
4 | | the "required State contribution" or any substantially similar |
5 | | term does not include or apply to any amounts payable to the |
6 | | System under Section 25 of the Budget Stabilization Act. |
7 | | Notwithstanding any other provision of this Section, the |
8 | | required State
contribution for State fiscal year 2005 and for |
9 | | fiscal year 2008 and each fiscal year thereafter, as
calculated |
10 | | under this Section and
certified under subsection (a-1), shall |
11 | | not exceed an amount equal to (i) the
amount of the required |
12 | | State contribution that would have been calculated under
this |
13 | | Section for that fiscal year if the System had not received any |
14 | | payments
under subsection (d) of Section 7.2 of the General |
15 | | Obligation Bond Act, minus
(ii) the portion of the State's |
16 | | total debt service payments for that fiscal
year on the bonds |
17 | | issued in fiscal year 2003 for the purposes of that Section |
18 | | 7.2, as determined
and certified by the Comptroller, that is |
19 | | the same as the System's portion of
the total moneys |
20 | | distributed under subsection (d) of Section 7.2 of the General
|
21 | | Obligation Bond Act. In determining this maximum for State |
22 | | fiscal years 2008 through 2010, however, the amount referred to |
23 | | in item (i) shall be increased, as a percentage of the |
24 | | applicable employee payroll, in equal increments calculated |
25 | | from the sum of the required State contribution for State |
26 | | fiscal year 2007 plus the applicable portion of the State's |
|
| | SB1952 Engrossed | - 29 - | LRB101 10858 AXK 55998 b |
|
|
1 | | total debt service payments for fiscal year 2007 on the bonds |
2 | | issued in fiscal year 2003 for the purposes of Section 7.2 of |
3 | | the General
Obligation Bond Act, so that, by State fiscal year |
4 | | 2011, the
State is contributing at the rate otherwise required |
5 | | under this Section.
|
6 | | (b-4) Beginning in fiscal year 2018, each employer under |
7 | | this Article shall pay to the System a required contribution |
8 | | determined as a percentage of projected payroll and sufficient |
9 | | to produce an annual amount equal to: |
10 | | (i) for each of fiscal years 2018, 2019, and 2020, the |
11 | | defined benefit normal cost of the defined benefit plan, |
12 | | less the employee contribution, for each employee of that |
13 | | employer who has elected or who is deemed to have elected |
14 | | the benefits under Section 1-161 or who has made the |
15 | | election under subsection (b) of Section 1-161; for fiscal |
16 | | year 2021 and each fiscal year thereafter, the defined |
17 | | benefit normal cost of the defined benefit plan, less the |
18 | | employee contribution, plus 2%, for each employee of that |
19 | | employer who has elected or who is deemed to have elected |
20 | | the benefits under Section 1-161 or who has made the |
21 | | election under subsection (b) of Section 1-161; plus |
22 | | (ii) the amount required for that fiscal year to |
23 | | amortize any unfunded actuarial accrued liability |
24 | | associated with the present value of liabilities |
25 | | attributable to the employer's account under Section |
26 | | 16-158.3, determined
as a level percentage of payroll over |
|
| | SB1952 Engrossed | - 30 - | LRB101 10858 AXK 55998 b |
|
|
1 | | a 30-year rolling amortization period. |
2 | | In determining contributions required under item (i) of |
3 | | this subsection, the System shall determine an aggregate rate |
4 | | for all employers, expressed as a percentage of projected |
5 | | payroll. |
6 | | In determining the contributions required under item (ii) |
7 | | of this subsection, the amount shall be computed by the System |
8 | | on the basis of the actuarial assumptions and tables used in |
9 | | the most recent actuarial valuation of the System that is |
10 | | available at the time of the computation. |
11 | | The contributions required under this subsection (b-4) |
12 | | shall be paid by an employer concurrently with that employer's |
13 | | payroll payment period. The State, as the actual employer of an |
14 | | employee, shall make the required contributions under this |
15 | | subsection. |
16 | | (c) Payment of the required State contributions and of all |
17 | | pensions,
retirement annuities, death benefits, refunds, and |
18 | | other benefits granted
under or assumed by this System, and all |
19 | | expenses in connection with the
administration and operation |
20 | | thereof, are obligations of the State.
|
21 | | If members are paid from special trust or federal funds |
22 | | which are
administered by the employing unit, whether school |
23 | | district or other
unit, the employing unit shall pay to the |
24 | | System from such
funds the full accruing retirement costs based |
25 | | upon that
service, which, beginning July 1, 2017, shall be at a |
26 | | rate, expressed as a percentage of salary, equal to the total |
|
| | SB1952 Engrossed | - 31 - | LRB101 10858 AXK 55998 b |
|
|
1 | | employer's normal cost, expressed as a percentage of payroll, |
2 | | as determined by the System. Employer contributions, based on
|
3 | | salary paid to members from federal funds, may be forwarded by |
4 | | the distributing
agency of the State of Illinois to the System |
5 | | prior to allocation, in an
amount determined in accordance with |
6 | | guidelines established by such
agency and the System. Any |
7 | | contribution for fiscal year 2015 collected as a result of the |
8 | | change made by Public Act 98-674 shall be considered a State |
9 | | contribution under subsection (b-3) of this Section.
|
10 | | (d) Effective July 1, 1986, any employer of a teacher as |
11 | | defined in
paragraph (8) of Section 16-106 shall pay the |
12 | | employer's normal cost
of benefits based upon the teacher's |
13 | | service, in addition to
employee contributions, as determined |
14 | | by the System. Such employer
contributions shall be forwarded |
15 | | monthly in accordance with guidelines
established by the |
16 | | System.
|
17 | | However, with respect to benefits granted under Section |
18 | | 16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) |
19 | | of Section 16-106, the
employer's contribution shall be 12% |
20 | | (rather than 20%) of the member's
highest annual salary rate |
21 | | for each year of creditable service granted, and
the employer |
22 | | shall also pay the required employee contribution on behalf of
|
23 | | the teacher. For the purposes of Sections 16-133.4 and |
24 | | 16-133.5, a teacher
as defined in paragraph (8) of Section |
25 | | 16-106 who is serving in that capacity
while on leave of |
26 | | absence from another employer under this Article shall not
be |
|
| | SB1952 Engrossed | - 32 - | LRB101 10858 AXK 55998 b |
|
|
1 | | considered an employee of the employer from which the teacher |
2 | | is on leave.
|
3 | | (e) Beginning July 1, 1998, every employer of a teacher
|
4 | | shall pay to the System an employer contribution computed as |
5 | | follows:
|
6 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
7 | | employer
contribution shall be equal to 0.3% of each |
8 | | teacher's salary.
|
9 | | (2) Beginning July 1, 1999 and thereafter, the employer
|
10 | | contribution shall be equal to 0.58% of each teacher's |
11 | | salary.
|
12 | | The school district or other employing unit may pay these |
13 | | employer
contributions out of any source of funding available |
14 | | for that purpose and
shall forward the contributions to the |
15 | | System on the schedule established
for the payment of member |
16 | | contributions.
|
17 | | These employer contributions are intended to offset a |
18 | | portion of the cost
to the System of the increases in |
19 | | retirement benefits resulting from Public Act 90-582.
|
20 | | Each employer of teachers is entitled to a credit against |
21 | | the contributions
required under this subsection (e) with |
22 | | respect to salaries paid to teachers
for the period January 1, |
23 | | 2002 through June 30, 2003, equal to the amount paid
by that |
24 | | employer under subsection (a-5) of Section 6.6 of the State |
25 | | Employees
Group Insurance Act of 1971 with respect to salaries |
26 | | paid to teachers for that
period.
|
|
| | SB1952 Engrossed | - 33 - | LRB101 10858 AXK 55998 b |
|
|
1 | | The additional 1% employee contribution required under |
2 | | Section 16-152 by Public Act 90-582
is the responsibility of |
3 | | the teacher and not the
teacher's employer, unless the employer |
4 | | agrees, through collective bargaining
or otherwise, to make the |
5 | | contribution on behalf of the teacher.
|
6 | | If an employer is required by a contract in effect on May |
7 | | 1, 1998 between the
employer and an employee organization to |
8 | | pay, on behalf of all its full-time
employees
covered by this |
9 | | Article, all mandatory employee contributions required under
|
10 | | this Article, then the employer shall be excused from paying |
11 | | the employer
contribution required under this subsection (e) |
12 | | for the balance of the term
of that contract. The employer and |
13 | | the employee organization shall jointly
certify to the System |
14 | | the existence of the contractual requirement, in such
form as |
15 | | the System may prescribe. This exclusion shall cease upon the
|
16 | | termination, extension, or renewal of the contract at any time |
17 | | after May 1,
1998.
|
18 | | (f) If For school years beginning on or after June 1, 2005 |
19 | | and before July 1, 2018 and for salary paid to a teacher under |
20 | | a contract or collective bargaining agreement entered into, |
21 | | amended, or renewed before the effective date of this amendatory |
22 | | Act of the 100th General Assembly , if the amount of a teacher's |
23 | | salary for any school year used to determine final average |
24 | | salary exceeds the member's annual full-time salary rate with |
25 | | the same employer for the previous school year by more than 6%, |
26 | | the teacher's employer shall pay to the System, in addition to |
|
| | SB1952 Engrossed | - 34 - | LRB101 10858 AXK 55998 b |
|
|
1 | | all other payments required under this Section and in |
2 | | accordance with guidelines established by the System, the |
3 | | present value of the increase in benefits resulting from the |
4 | | portion of the increase in salary that is in excess of 6%. This |
5 | | present value shall be computed by the System on the basis of |
6 | | the actuarial assumptions and tables used in the most recent |
7 | | actuarial valuation of the System that is available at the time |
8 | | of the computation. If a teacher's salary for the 2005-2006 |
9 | | school year is used to determine final average salary under |
10 | | this subsection (f), then the changes made to this subsection |
11 | | (f) by Public Act 94-1057 shall apply in calculating whether |
12 | | the increase in his or her salary is in excess of 6%. For the |
13 | | purposes of this Section, change in employment under Section |
14 | | 10-21.12 of the School Code on or after June 1, 2005 shall |
15 | | constitute a change in employer. The System may require the |
16 | | employer to provide any pertinent information or |
17 | | documentation.
The changes made to this subsection (f) by |
18 | | Public Act 94-1111 apply without regard to whether the teacher |
19 | | was in service on or after its effective date.
|
20 | | Whenever it determines that a payment is or may be required |
21 | | under this subsection, the System shall calculate the amount of |
22 | | the payment and bill the employer for that amount. The bill |
23 | | shall specify the calculations used to determine the amount |
24 | | due. If the employer disputes the amount of the bill, it may, |
25 | | within 30 days after receipt of the bill, apply to the System |
26 | | in writing for a recalculation. The application must specify in |
|
| | SB1952 Engrossed | - 35 - | LRB101 10858 AXK 55998 b |
|
|
1 | | detail the grounds of the dispute and, if the employer asserts |
2 | | that the calculation is subject to subsection (g) or (h) of |
3 | | this Section or that subsection (f-1) of this Section applies , |
4 | | must include an affidavit setting forth and attesting to all |
5 | | facts within the employer's knowledge that are pertinent to the |
6 | | applicability of that subsection. Upon receiving a timely |
7 | | application for recalculation, the System shall review the |
8 | | application and, if appropriate, recalculate the amount due.
|
9 | | The employer contributions required under this subsection |
10 | | (f) may be paid in the form of a lump sum within 90 days after |
11 | | receipt of the bill. If the employer contributions are not paid |
12 | | within 90 days after receipt of the bill, then interest will be |
13 | | charged at a rate equal to the System's annual actuarially |
14 | | assumed rate of return on investment compounded annually from |
15 | | the 91st day after receipt of the bill. Payments must be |
16 | | concluded within 3 years after the employer's receipt of the |
17 | | bill.
|
18 | | (f-1) (Blank). For school years beginning on or after July |
19 | | 1, 2018 and for salary paid to a teacher under a contract or |
20 | | collective bargaining agreement entered into, amended, or |
21 | | renewed on or after the effective date of this amendatory Act |
22 | | of the 100th General Assembly , if the amount of a teacher's |
23 | | salary for any school year used to determine final average |
24 | | salary exceeds the member's annual full-time salary rate with |
25 | | the same employer for the previous school year by more than 3%, |
26 | | then the teacher's employer shall pay to the System, in |
|
| | SB1952 Engrossed | - 36 - | LRB101 10858 AXK 55998 b |
|
|
1 | | addition to all other payments required under this Section and |
2 | | in accordance with guidelines established by the System, the |
3 | | present value of the increase in benefits resulting from the |
4 | | portion of the increase in salary that is in excess of 3%. This |
5 | | present value shall be computed by the System on the basis of |
6 | | the actuarial assumptions and tables used in the most recent |
7 | | actuarial valuation of the System that is available at the time |
8 | | of the computation. The System may require the employer to |
9 | | provide any pertinent information or documentation. |
10 | | Whenever it determines that a payment is or may be required |
11 | | under this subsection (f-1), the System shall calculate the |
12 | | amount of the payment and bill the employer for that amount. |
13 | | The bill shall specify the calculations used to determine the |
14 | | amount due. If the employer disputes the amount of the bill, it |
15 | | shall, within 30 days after receipt of the bill, apply to the |
16 | | System in writing for a recalculation. The application must |
17 | | specify in detail the grounds of the dispute and, if the |
18 | | employer asserts that subsection (f) of this Section applies, |
19 | | must include an affidavit setting forth and attesting to all |
20 | | facts within the employer's knowledge that are pertinent to the |
21 | | applicability of subsection (f). Upon receiving a timely |
22 | | application for recalculation, the System shall review the |
23 | | application and, if appropriate, recalculate the amount due. |
24 | | The employer contributions required under this subsection |
25 | | (f-1) may be paid in the form of a lump sum within 90 days after |
26 | | receipt of the bill. If the employer contributions are not paid |
|
| | SB1952 Engrossed | - 37 - | LRB101 10858 AXK 55998 b |
|
|
1 | | within 90 days after receipt of the bill, then interest shall |
2 | | be charged at a rate equal to the System's annual actuarially |
3 | | assumed rate of return on investment compounded annually from |
4 | | the 91st day after receipt of the bill. Payments must be |
5 | | concluded within 3 years after the employer's receipt of the |
6 | | bill. |
7 | | (g) This subsection (g) applies only to payments made or |
8 | | salary increases given on or after June 1, 2005 but before July |
9 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
10 | | require the System to refund any payments received before
July |
11 | | 31, 2006 (the effective date of Public Act 94-1057). |
12 | | When assessing payment for any amount due under subsection |
13 | | (f), the System shall exclude salary increases paid to teachers |
14 | | under contracts or collective bargaining agreements entered |
15 | | into, amended, or renewed before June 1, 2005.
|
16 | | When assessing payment for any amount due under subsection |
17 | | (f), the System shall exclude salary increases paid to a |
18 | | teacher at a time when the teacher is 10 or more years from |
19 | | retirement eligibility under Section 16-132 or 16-133.2.
|
20 | | When assessing payment for any amount due under subsection |
21 | | (f), the System shall exclude salary increases resulting from |
22 | | overload work, including summer school, when the school |
23 | | district has certified to the System, and the System has |
24 | | approved the certification, that (i) the overload work is for |
25 | | the sole purpose of classroom instruction in excess of the |
26 | | standard number of classes for a full-time teacher in a school |
|
| | SB1952 Engrossed | - 38 - | LRB101 10858 AXK 55998 b |
|
|
1 | | district during a school year and (ii) the salary increases are |
2 | | equal to or less than the rate of pay for classroom instruction |
3 | | computed on the teacher's current salary and work schedule.
|
4 | | When assessing payment for any amount due under subsection |
5 | | (f), the System shall exclude a salary increase resulting from |
6 | | a promotion (i) for which the employee is required to hold a |
7 | | certificate or supervisory endorsement issued by the State |
8 | | Teacher Certification Board that is a different certification |
9 | | or supervisory endorsement than is required for the teacher's |
10 | | previous position and (ii) to a position that has existed and |
11 | | been filled by a member for no less than one complete academic |
12 | | year and the salary increase from the promotion is an increase |
13 | | that results in an amount no greater than the lesser of the |
14 | | average salary paid for other similar positions in the district |
15 | | requiring the same certification or the amount stipulated in |
16 | | the collective bargaining agreement for a similar position |
17 | | requiring the same certification.
|
18 | | When assessing payment for any amount due under subsection |
19 | | (f), the System shall exclude any payment to the teacher from |
20 | | the State of Illinois or the State Board of Education over |
21 | | which the employer does not have discretion, notwithstanding |
22 | | that the payment is included in the computation of final |
23 | | average salary.
|
24 | | (h) When assessing payment for any amount due under |
25 | | subsection (f), the System shall exclude any salary increase |
26 | | described in subsection (g) of this Section given on or after |
|
| | SB1952 Engrossed | - 39 - | LRB101 10858 AXK 55998 b |
|
|
1 | | July 1, 2011 but before July 1, 2014 under a contract or |
2 | | collective bargaining agreement entered into, amended, or |
3 | | renewed on or after June 1, 2005 but before July 1, 2011. |
4 | | Notwithstanding any other provision of this Section, any |
5 | | payments made or salary increases given after June 30, 2014 |
6 | | shall be used in assessing payment for any amount due under |
7 | | subsection (f) of this Section.
|
8 | | (i) The System shall prepare a report and file copies of |
9 | | the report with the Governor and the General Assembly by |
10 | | January 1, 2007 that contains all of the following information: |
11 | | (1) The number of recalculations required by the |
12 | | changes made to this Section by Public Act 94-1057 for each |
13 | | employer. |
14 | | (2) The dollar amount by which each employer's |
15 | | contribution to the System was changed due to |
16 | | recalculations required by Public Act 94-1057. |
17 | | (3) The total amount the System received from each |
18 | | employer as a result of the changes made to this Section by |
19 | | Public Act 94-4. |
20 | | (4) The increase in the required State contribution |
21 | | resulting from the changes made to this Section by Public |
22 | | Act 94-1057.
|
23 | | (i-5) For school years beginning on or after July 1, 2017, |
24 | | if the amount of a participant's salary for any school year |
25 | | exceeds the amount of the salary set for the Governor, the |
26 | | participant's employer shall pay to the System, in addition to |
|
| | SB1952 Engrossed | - 40 - | LRB101 10858 AXK 55998 b |
|
|
1 | | all other payments required under this Section and in |
2 | | accordance with guidelines established by the System, an amount |
3 | | determined by the System to be equal to the employer normal |
4 | | cost, as established by the System and expressed as a total |
5 | | percentage of payroll, multiplied by the amount of salary in |
6 | | excess of the amount of the salary set for the Governor. This |
7 | | amount shall be computed by the System on the basis of the |
8 | | actuarial assumptions and tables used in the most recent |
9 | | actuarial valuation of the System that is available at the time |
10 | | of the computation. The System may require the employer to |
11 | | provide any pertinent information or documentation. |
12 | | Whenever it determines that a payment is or may be required |
13 | | under this subsection, the System shall calculate the amount of |
14 | | the payment and bill the employer for that amount. The bill |
15 | | shall specify the calculations used to determine the amount |
16 | | due. If the employer disputes the amount of the bill, it may, |
17 | | within 30 days after receipt of the bill, apply to the System |
18 | | in writing for a recalculation. The application must specify in |
19 | | detail the grounds of the dispute. Upon receiving a timely |
20 | | application for recalculation, the System shall review the |
21 | | application and, if appropriate, recalculate the amount due. |
22 | | The employer contributions required under this subsection |
23 | | may be paid in the form of a lump sum within 90 days after |
24 | | receipt of the bill. If the employer contributions are not paid |
25 | | within 90 days after receipt of the bill, then interest will be |
26 | | charged at a rate equal to the System's annual actuarially |
|
| | SB1952 Engrossed | - 41 - | LRB101 10858 AXK 55998 b |
|
|
1 | | assumed rate of return on investment compounded annually from |
2 | | the 91st day after receipt of the bill. Payments must be |
3 | | concluded within 3 years after the employer's receipt of the |
4 | | bill. |
5 | | (j) For purposes of determining the required State |
6 | | contribution to the System, the value of the System's assets |
7 | | shall be equal to the actuarial value of the System's assets, |
8 | | which shall be calculated as follows: |
9 | | As of June 30, 2008, the actuarial value of the System's |
10 | | assets shall be equal to the market value of the assets as of |
11 | | that date. In determining the actuarial value of the System's |
12 | | assets for fiscal years after June 30, 2008, any actuarial |
13 | | gains or losses from investment return incurred in a fiscal |
14 | | year shall be recognized in equal annual amounts over the |
15 | | 5-year period following that fiscal year. |
16 | | (k) For purposes of determining the required State |
17 | | contribution to the system for a particular year, the actuarial |
18 | | value of assets shall be assumed to earn a rate of return equal |
19 | | to the system's actuarially assumed rate of return. |
20 | | (Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17; |
21 | | 100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff. |
22 | | 8-14-18; revised 10-4-18.)
|
23 | | Section 10. The School Code is amended by changing Sections |
24 | | 21B-20, 21B-25, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and |
25 | | by adding Section 24-8.5 as follows: |
|
| | SB1952 Engrossed | - 42 - | LRB101 10858 AXK 55998 b |
|
|
1 | | (105 ILCS 5/21B-20) |
2 | | Sec. 21B-20. Types of licenses. The State Board of |
3 | | Education shall implement a system of educator licensure, |
4 | | whereby individuals employed in school districts who are |
5 | | required to be licensed must have one of the following |
6 | | licenses: (i) a professional educator license; (ii) an educator |
7 | | license with stipulations; (iii) a substitute teaching |
8 | | license; or (iv) until June 30, 2023, a short-term substitute |
9 | | teaching license. References in law regarding individuals |
10 | | certified or certificated or required to be certified or |
11 | | certificated under Article 21 of this Code shall also include |
12 | | individuals licensed or required to be licensed under this |
13 | | Article. The first year of all licenses ends on June 30 |
14 | | following one full year of the license being issued. |
15 | | The State Board of Education, in consultation with the |
16 | | State Educator Preparation and Licensure Board, may adopt such |
17 | | rules as may be necessary to govern the requirements for |
18 | | licenses and endorsements under this Section. |
19 | | (1) Professional Educator License. Persons who (i) |
20 | | have successfully completed an approved educator |
21 | | preparation program and are recommended for licensure by |
22 | | the Illinois institution offering the educator preparation |
23 | | program, (ii) have successfully completed the required |
24 | | testing under Section 21B-30 of this Code, (iii) have |
25 | | successfully completed coursework on the psychology of, |
|
| | SB1952 Engrossed | - 43 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 44 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 45 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 46 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 47 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 48 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 49 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 50 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 51 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 52 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 53 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 54 - | LRB101 10858 AXK 55998 b |
|
|
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: |
|
| | SB1952 Engrossed | - 55 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 56 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 57 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 58 - | LRB101 10858 AXK 55998 b |
|
|
1 | | Substitute Teaching License must hold an associate's |
2 | | degree or have completed at least 60 credit hours from a |
3 | | regionally accredited institution of higher education. |
4 | | Short-Term Substitute Teaching Licenses are valid for |
5 | | substitute teaching in every county of this State. If an |
6 | | individual has had his or her Professional Educator License |
7 | | or Educator License with Stipulations suspended or |
8 | | revoked, then that individual is not eligible to obtain a |
9 | | Short-Term Substitute Teaching License. |
10 | | The provisions of Sections 10-21.9 and 34-18.5 of this |
11 | | Code apply to short-term substitute teachers. |
12 | | An individual holding a Short-Term Substitute Teaching |
13 | | License may teach no more than 5 consecutive days per |
14 | | licensed teacher who is under contract. For teacher |
15 | | absences lasting 6 or more days per licensed teacher who is |
16 | | under contract, a school district may not hire an |
17 | | individual holding a Short-Term Substitute Teaching |
18 | | License. An individual holding a Short-Term Substitute |
19 | | Teaching License must complete the training program under |
20 | | Section 10-20.67 or 34-18.60 of this Code to be eligible to |
21 | | teach at a public school. This paragraph (4) is inoperative |
22 | | on and after July 1, 2023.
|
23 | | (Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, |
24 | | eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8, |
25 | | eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17; |
26 | | 100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff. |
|
| | SB1952 Engrossed | - 59 - | LRB101 10858 AXK 55998 b |
|
|
1 | | 8-14-18; revised 10-1-18.) |
2 | | (105 ILCS 5/21B-25) |
3 | | Sec. 21B-25. Endorsement on licenses. All licenses issued |
4 | | under paragraph (1) of Section 21B-20 of this Code shall be |
5 | | specifically endorsed by the State Board of Education for each |
6 | | content area, school support area, and administrative area for |
7 | | which the holder of the license is qualified. Recognized |
8 | | institutions approved to offer educator preparation programs |
9 | | shall be trained to add endorsements to licenses issued to |
10 | | applicants who meet all of the requirements for the endorsement |
11 | | or endorsements, including passing any required tests. The |
12 | | State Superintendent of Education shall randomly audit |
13 | | institutions to ensure that all rules and standards are being |
14 | | followed for entitlement or when endorsements are being |
15 | | recommended. |
16 | | (1) The State Board of Education, in consultation with |
17 | | the State Educator Preparation and Licensure Board, shall |
18 | | establish, by rule, the grade level and subject area |
19 | | endorsements to be added to the Professional Educator |
20 | | License. These rules shall outline the requirements for |
21 | | obtaining each endorsement. |
22 | | (2) In addition to any and all grade level and content |
23 | | area endorsements developed by rule, the State Board of |
24 | | Education, in consultation with the State Educator |
25 | | Preparation and Licensure Board, shall develop the |
|
| | SB1952 Engrossed | - 60 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 61 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 62 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 63 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 64 - | LRB101 10858 AXK 55998 b |
|
|
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; |
|
| | SB1952 Engrossed | - 65 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 66 - | LRB101 10858 AXK 55998 b |
|
|
1 | | the rights and privileges granted holders of any other |
2 | | Professional Educator License, including teacher |
3 | | benefits, compensation, and working conditions.
|
4 | | (Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16; |
5 | | 99-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff. |
6 | | 8-22-17; 100-288, eff. 8-24-17; 100-596, eff. 7-1-18; 100-780, |
7 | | eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-1-18.)
|
8 | | (105 ILCS 5/21B-30)
|
9 | | Sec. 21B-30. Educator testing. |
10 | | (a) This Section applies beginning on July 1, 2012. |
11 | | (b) The State Board of Education, in consultation with the |
12 | | State Educator Preparation and Licensure Board, shall design |
13 | | and implement a system of examinations, which shall be required |
14 | | prior to the issuance of educator licenses. These examinations |
15 | | and indicators must be based on national and State professional |
16 | | teaching standards, as determined by the State Board of |
17 | | Education, in consultation with the State Educator Preparation |
18 | | and Licensure Board. The State Board of Education may adopt |
19 | | such rules as may be necessary to implement and administer this |
20 | | Section. |
21 | | (c) (Blank). Except as otherwise provided in this Article, |
22 | | applicants seeking a Professional Educator License or an |
23 | | Educator License with Stipulations shall be required to pass a |
24 | | test of basic skills before the license is issued, unless the |
25 | | endorsement the individual is seeking does not require passage |
|
| | SB1952 Engrossed | - 67 - | LRB101 10858 AXK 55998 b |
|
|
1 | | of the test. All applicants completing Illinois-approved, |
2 | | teacher education or school service personnel preparation |
3 | | programs shall be required to pass the State Board of |
4 | | Education's recognized test of basic skills prior to starting |
5 | | their student teaching or starting the final semester of their |
6 | | internship. An institution of higher learning, as defined in |
7 | | the Higher Education Student Assistance Act, may not require an |
8 | | applicant to complete the State Board's recognized test of |
9 | | basic skills prior to the semester before student teaching or |
10 | | prior to the semester before starting the final semester of an |
11 | | internship. An individual who passes a test of basic skills |
12 | | does not need to do so again for subsequent endorsements or |
13 | | other educator licenses. |
14 | | (d) All applicants seeking a State license shall be |
15 | | required to pass a test of content area knowledge for each area |
16 | | of endorsement for which there is an applicable test. There |
17 | | shall be no exception to this requirement. No candidate shall |
18 | | be allowed to student teach or serve as the teacher of record |
19 | | until he or she has passed the applicable content area test. |
20 | | (e) (Blank). |
21 | | (f) Except as otherwise provided in this Article, beginning |
22 | | on September 1, 2015, all candidates completing teacher |
23 | | preparation programs in this State and all candidates subject |
24 | | to Section 21B-35 of this Code are required to pass a teacher |
25 | | performance assessment approved by the State Board of |
26 | | Education, in consultation with the State Educator Preparation |
|
| | SB1952 Engrossed | - 68 - | LRB101 10858 AXK 55998 b |
|
|
1 | | and Licensure Board. Subject to appropriation, an individual |
2 | | who holds a Professional Educator License and is employed for a |
3 | | minimum of one school year by a school district designated as |
4 | | Tier 1 under Section 18-8.15 may, after application to the |
5 | | State Board, receive from the State Board a refund for any |
6 | | costs associated with completing the teacher performance |
7 | | assessment under this subsection. |
8 | | (g) The Tests of basic skills and content area knowledge |
9 | | test and the teacher performance assessment shall be the tests |
10 | | that from time to time are designated by the State Board of |
11 | | Education, in consultation with the State Educator Preparation |
12 | | and Licensure Board, and may be tests prepared by an |
13 | | educational testing organization or tests designed by the State |
14 | | Board of Education, in consultation with the State Educator |
15 | | Preparation and Licensure Board. The areas to be covered by a |
16 | | test of basic skills shall include reading, language arts, and |
17 | | mathematics. The test of content area knowledge shall assess |
18 | | content knowledge in a specific subject field. The tests must |
19 | | be designed to be racially neutral to ensure that no person |
20 | | taking the tests is discriminated against on the basis of race, |
21 | | color, national origin, or other factors unrelated to the |
22 | | person's ability to perform as a licensed employee. The score |
23 | | required to pass the tests shall be fixed by the State Board of |
24 | | Education, in consultation with the State Educator Preparation |
25 | | and Licensure Board. The tests shall be administered not fewer |
26 | | than 3 times a year at such time and place as may be designated |
|
| | SB1952 Engrossed | - 69 - | LRB101 10858 AXK 55998 b |
|
|
1 | | by the State Board of Education, in consultation with the State |
2 | | Educator Preparation and Licensure Board. |
3 | | The State Board shall implement a test or tests to assess |
4 | | the speaking, reading, writing, and grammar skills of |
5 | | applicants for an endorsement or a license issued under |
6 | | subdivision (G) of paragraph (2) of Section 21B-20 of this Code |
7 | | in the English language and in the language of the transitional |
8 | | bilingual education program requested by the applicant. |
9 | | (h) Except as provided in Section 34-6 of this Code, the |
10 | | provisions of this Section shall apply equally in any school |
11 | | district subject to Article 34 of this Code. |
12 | | (i) The rules developed to implement and enforce the |
13 | | testing requirements under this Section shall include without |
14 | | limitation provisions governing test selection, test |
15 | | validation and determination of a passing score, |
16 | | administration of the tests, frequency of administration, |
17 | | applicant fees, frequency of applicants taking the tests, the |
18 | | years for which a score is valid, and appropriate special |
19 | | accommodations. The State Board of Education shall develop such |
20 | | rules as may be needed to ensure uniformity from year to year |
21 | | in the level of difficulty for each form of an assessment.
|
22 | | (Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16; |
23 | | 99-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff. |
24 | | 8-14-18; 100-932, eff. 8-17-18; revised 10-1-18.) |
25 | | (105 ILCS 5/21B-35) |
|
| | SB1952 Engrossed | - 70 - | LRB101 10858 AXK 55998 b |
|
|
1 | | Sec. 21B-35. Minimum requirements for educators trained in |
2 | | other states or countries. |
3 | | (a) Any applicant who has not been entitled by an |
4 | | Illinois-approved educator preparation program at an Illinois |
5 | | institution of higher education applying for a Professional |
6 | | Educator License endorsed in a teaching field or school support |
7 | | personnel area must meet the following requirements: |
8 | | (1) the applicant must: |
9 | | (A) hold a comparable and valid educator license or |
10 | | certificate, as defined by rule, with similar grade |
11 | | level and content area credentials from another state, |
12 | | with the State Board of Education having the authority |
13 | | to determine what constitutes similar grade level and |
14 | | content area credentials from another state; and |
15 | | (B) have a bachelor's degree from a regionally |
16 | | accredited institution of higher education; or |
17 | | (2) the applicant must: |
18 | | (A) have completed a state-approved program for |
19 | | the licensure area sought, including coursework |
20 | | concerning methods of instruction of the exceptional |
21 | | child, methods of reading and reading in the content |
22 | | area, and instructional strategies for English |
23 | | learners; |
24 | | (B) have a bachelor's degree from a regionally |
25 | | accredited institution of higher education; |
26 | | (C) have successfully met all Illinois examination |
|
| | SB1952 Engrossed | - 71 - | LRB101 10858 AXK 55998 b |
|
|
1 | | requirements, except that: |
2 | | (i) (blank); an applicant who has successfully |
3 | | completed a test of basic skills, as defined by |
4 | | rules, at the time of initial licensure in another |
5 | | state is not required to complete a test of basic |
6 | | skills; |
7 | | (ii) an applicant who has successfully |
8 | | completed a test of content, as defined by rules, |
9 | | at the time of initial licensure in another state |
10 | | is not required to complete a test of content; and |
11 | | (iii) an applicant for a teaching endorsement |
12 | | who has successfully completed an evidence-based |
13 | | assessment of teacher effectiveness, as defined by |
14 | | rules, at the time of initial licensure in another |
15 | | state is not required to complete an |
16 | | evidence-based assessment of teacher |
17 | | effectiveness; and |
18 | | (D) for an applicant for a teaching endorsement, |
19 | | have completed student teaching or an equivalent |
20 | | experience or, for an applicant for a school service |
21 | | personnel endorsement, have completed an internship or |
22 | | an equivalent experience. |
23 | | (b) In order to receive a Professional Educator License |
24 | | endorsed in a teaching field or school support personnel area, |
25 | | applicants trained in another country must meet all of the |
26 | | following requirements: |
|
| | SB1952 Engrossed | - 72 - | LRB101 10858 AXK 55998 b |
|
|
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. |
|
| | SB1952 Engrossed | - 73 - | LRB101 10858 AXK 55998 b |
|
|
1 | | (8) Have completed student teaching or an equivalent |
2 | | experience. |
3 | | (b-5) All applicants who have not been entitled by an |
4 | | Illinois-approved educator preparation program at an Illinois |
5 | | institution of higher education and applicants trained in |
6 | | another country applying for a Professional Educator License |
7 | | endorsed for principal or superintendent must hold a master's |
8 | | degree from a regionally accredited institution of higher |
9 | | education and must hold a comparable and valid educator license |
10 | | or certificate with similar grade level and subject matter |
11 | | credentials, with the State Board of Education having the |
12 | | authority to determine what constitutes similar grade level and |
13 | | subject matter credentials from another state, or must meet all |
14 | | of the following requirements: |
15 | | (1) Have completed an educator preparation program |
16 | | approved by another state or comparable educator program in |
17 | | another country leading to the receipt of a license or |
18 | | certificate for the Illinois endorsement sought. |
19 | | (2) Have successfully met all State licensure |
20 | | examination requirements, as required by Section 21B-30 of |
21 | | this Code. Applicants who have successfully completed a |
22 | | test of basic skills, as defined by rules, at the time of |
23 | | initial licensure in another state or country shall not be |
24 | | required to complete a test of basic skills. Applicants who |
25 | | have successfully completed a test of content, as defined |
26 | | by rules, at the time of initial licensure in another state |
|
| | SB1952 Engrossed | - 74 - | LRB101 10858 AXK 55998 b |
|
|
1 | | or country shall not be required to complete a test of |
2 | | content. |
3 | | (2.5) Have completed an internship, as defined by rule. |
4 | | (3) (Blank). |
5 | | (4) Have completed coursework aligned to standards |
6 | | concerning methods of instruction of the exceptional |
7 | | child, methods of reading and reading in the content area, |
8 | | and instructional strategies for English learners. |
9 | | (5) Have completed a master's degree. |
10 | | (6) Have successfully completed teaching, school |
11 | | support, or administrative experience as defined by rule. |
12 | | (b-7) All applicants who have not been entitled by an |
13 | | Illinois-approved educator preparation program at an Illinois |
14 | | institution of higher education applying for a Professional |
15 | | Educator License endorsed for Director of Special Education |
16 | | must hold a master's degree from a regionally accredited |
17 | | institution of higher education and must hold a comparable and |
18 | | valid educator license or certificate with similar grade level |
19 | | and subject matter credentials, with the State Board of |
20 | | Education having the authority to determine what constitutes |
21 | | similar grade level and subject matter credentials from another |
22 | | state, or must meet all of the following requirements: |
23 | | (1) Have completed a master's degree. |
24 | | (2) Have 2 years of full-time experience providing |
25 | | special education services. |
26 | | (3) Have successfully completed all examination |
|
| | SB1952 Engrossed | - 75 - | LRB101 10858 AXK 55998 b |
|
|
1 | | requirements, as required by Section 21B-30 of this Code. |
2 | | Applicants who have successfully completed a test of |
3 | | content, as identified by rules, at the time of initial |
4 | | licensure in another state or country shall not be required |
5 | | to complete a test of content. |
6 | | (4) Have completed coursework aligned to standards |
7 | | concerning methods of instruction of the exceptional |
8 | | child, methods of reading and reading in the content area, |
9 | | and instructional strategies for English learners. |
10 | | (b-10) All applicants who have not been entitled by an |
11 | | Illinois-approved educator preparation program at an Illinois |
12 | | institution of higher education applying for a Professional |
13 | | Educator License endorsed for chief school business official |
14 | | must hold a master's degree from a regionally accredited |
15 | | institution of higher education and must hold a comparable and |
16 | | valid educator license or certificate with similar grade level |
17 | | and subject matter credentials, with the State Board of |
18 | | Education having the authority to determine what constitutes |
19 | | similar grade level and subject matter credentials from another |
20 | | state, or must meet all of the following requirements: |
21 | | (1) Have completed a master's degree in school business |
22 | | management, finance, or accounting. |
23 | | (2) Have successfully completed an internship in |
24 | | school business management or have 2 years of experience as |
25 | | a school business administrator. |
26 | | (3) Have successfully met all State examination |
|
| | SB1952 Engrossed | - 76 - | LRB101 10858 AXK 55998 b |
|
|
1 | | requirements, as required by Section 21B-30 of this Code. |
2 | | Applicants who have successfully completed a test of |
3 | | content, as identified by rules, at the time of initial |
4 | | licensure in another state or country shall not be required |
5 | | to complete a test of content. |
6 | | (4) Have completed modules aligned to standards |
7 | | concerning methods of instruction of the exceptional |
8 | | child, methods of reading and reading in the content area, |
9 | | and instructional strategies for English learners. |
10 | | (c) The State Board of Education, in consultation with the |
11 | | State Educator Preparation and Licensure Board, may adopt such |
12 | | rules as may be necessary to implement this Section.
|
13 | | (Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 100-13, |
14 | | eff. 7-1-17; 100-584, eff. 4-6-18; 100-596, eff. 7-1-18.) |
15 | | (105 ILCS 5/21B-50) |
16 | | Sec. 21B-50. Alternative educator licensure program. |
17 | | (a) There is established an alternative educator licensure |
18 | | program, to be known as the Alternative Educator Licensure |
19 | | Program for Teachers. |
20 | | (b) The Alternative Educator Licensure Program for |
21 | | Teachers may be offered by a recognized institution approved to |
22 | | offer educator preparation programs by the State Board of |
23 | | Education, in consultation with the State Educator Preparation |
24 | | and Licensure Board. |
25 | | The program shall be comprised of 4 phases: |
|
| | SB1952 Engrossed | - 77 - | LRB101 10858 AXK 55998 b |
|
|
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 |
|
| | SB1952 Engrossed | - 78 - | LRB101 10858 AXK 55998 b |
|
|
1 | | qualified equivalent of a principal, as required under |
2 | | subsection (d) of this Section, and the program |
3 | | coordinator, at the end of the second year of residency. If |
4 | | there is disagreement between the 2 evaluators about the |
5 | | candidate's teaching effectiveness, the candidate may |
6 | | complete one additional year of residency teaching under a |
7 | | professional development plan developed by the principal |
8 | | or qualified equivalent and the preparation program. At the |
9 | | completion of the third year, a candidate must have |
10 | | positive evaluations and a recommendation for full |
11 | | licensure from both the principal or qualified equivalent |
12 | | and the program coordinator or no Professional Educator |
13 | | License shall be issued. |
14 | | Successful completion of the program shall be deemed to |
15 | | satisfy any other practice or student teaching and content |
16 | | matter requirements established by law. |
17 | | (c) An alternative provisional educator endorsement on an |
18 | | Educator License with Stipulations is valid for 2 years of |
19 | | teaching in the public schools, including without limitation a |
20 | | preschool educational program under Section 2-3.71 of this Code |
21 | | or charter school, or in a State-recognized nonpublic school in |
22 | | which the chief administrator is required to have the licensure |
23 | | necessary to be a principal in a public school in this State |
24 | | and in which a majority of the teachers are required to have |
25 | | the licensure necessary to be instructors in a public school in |
26 | | this State, but may be renewed for a third year if needed to |
|
| | SB1952 Engrossed | - 79 - | LRB101 10858 AXK 55998 b |
|
|
1 | | complete the Alternative Educator Licensure Program for |
2 | | Teachers. The endorsement shall be issued only once to an |
3 | | individual who meets all of the following requirements: |
4 | | (1) Has graduated from a regionally accredited college |
5 | | or university with a bachelor's degree or higher. |
6 | | (2) Has a cumulative grade point average of 3.0 or |
7 | | greater on a 4.0 scale or its equivalent on another scale. |
8 | | (3) Has completed a major in the content area if |
9 | | seeking a middle or secondary level endorsement or, if |
10 | | seeking an early childhood, elementary, or special |
11 | | education endorsement, has completed a major in the content |
12 | | area of reading, English/language arts, mathematics, or |
13 | | one of the sciences. If the individual does not have a |
14 | | major in a content area for any level of teaching, he or |
15 | | she must submit transcripts to the State Board of Education |
16 | | to be reviewed for equivalency. |
17 | | (4) Has successfully completed phase (1) of subsection |
18 | | (b) of this Section. |
19 | | (5) Has passed a test of basic skills and content area |
20 | | test required for the specific endorsement for admission |
21 | | into the program, as required under Section 21B-30 of this |
22 | | Code. |
23 | | A candidate possessing the alternative provisional |
24 | | educator endorsement may receive a salary, benefits, and any |
25 | | other terms of employment offered to teachers in the school who |
26 | | are members of an exclusive bargaining representative, if any, |
|
| | SB1952 Engrossed | - 80 - | LRB101 10858 AXK 55998 b |
|
|
1 | | but a school is not required to provide these benefits during |
2 | | the years of residency if the candidate is serving only as a |
3 | | co-teacher. If the candidate is serving as the teacher of |
4 | | record, the candidate must receive a salary, benefits, and any |
5 | | other terms of employment. Residency experiences must not be |
6 | | counted towards tenure. |
7 | | (d) The recognized institution offering the Alternative |
8 | | Educator Licensure Program for Teachers must partner with a |
9 | | school district, including without limitation a preschool |
10 | | educational program under Section 2-3.71 of this Code or |
11 | | charter school, or a State-recognized, nonpublic school in this |
12 | | State in which the chief administrator is required to have the |
13 | | licensure necessary to be a principal in a public school in |
14 | | this State and in which a majority of the teachers are required |
15 | | to have the licensure necessary to be instructors in a public |
16 | | school in this State. A recognized institution that partners |
17 | | with a public school district administering a preschool |
18 | | educational program under Section 2-3.71 of this Code must |
19 | | require a principal to recommend or evaluate candidates in the |
20 | | program. A recognized institution that partners with an |
21 | | eligible entity administering a preschool educational program |
22 | | under Section 2-3.71 of this Code and that is not a public |
23 | | school district must require a principal or qualified |
24 | | equivalent of a principal to recommend or evaluate candidates |
25 | | in the program. The program presented for approval by the State |
26 | | Board of Education must demonstrate the supports that are to be |
|
| | SB1952 Engrossed | - 81 - | LRB101 10858 AXK 55998 b |
|
|
1 | | provided to assist the provisional teacher during the 2-year |
2 | | residency period. These supports must provide additional |
3 | | contact hours with mentors during the first year of residency. |
4 | | (e) Upon completion of the 4 phases outlined in subsection |
5 | | (b) of this Section and all assessments required under Section |
6 | | 21B-30 of this Code, an individual shall receive a Professional |
7 | | Educator License. |
8 | | (f) The State Board of Education, in consultation with the |
9 | | State Educator Preparation and Licensure Board, may adopt such |
10 | | rules as may be necessary to establish and implement the |
11 | | Alternative Educator Licensure Program for Teachers.
|
12 | | (Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18; |
13 | | 100-822, eff. 1-1-19 .) |
14 | | (105 ILCS 5/21B-55) |
15 | | Sec. 21B-55. Alternative route to superintendent |
16 | | endorsement. |
17 | | (a) The State Board of Education, in consultation with the |
18 | | State Educator Preparation and Licensure Board, may approve |
19 | | programs designed to provide an alternative route to |
20 | | superintendent endorsement on a Professional Educator License. |
21 | | (b) Entities offering an alternative route to |
22 | | superintendent endorsement program must have the program |
23 | | approved by the State Board of Education, in consultation with |
24 | | the State Educator Preparation and Licensure Board. |
25 | | (c) All programs approved under this Section shall be |
|
| | SB1952 Engrossed | - 82 - | LRB101 10858 AXK 55998 b |
|
|
1 | | comprised of the following 3 phases: |
2 | | (1) A course of study offered on an intensive basis in |
3 | | education management, governance, organization, and |
4 | | instructional and district planning. |
5 | | (2) The person's assignment to a full-time position for |
6 | | one school year as a superintendent. |
7 | | (3) A comprehensive assessment of the person's |
8 | | performance by school officials and a recommendation to the |
9 | | State Board of Education that the person be issued a |
10 | | superintendent endorsement on a Professional Educator |
11 | | License. |
12 | | (d) In order to serve as a superintendent under phase (2) |
13 | | of subsection (c) of this Section, an individual must be issued |
14 | | an alternative provisional superintendent endorsement on an |
15 | | Educator License with Stipulations, to be valid for only one |
16 | | year of serving as a superintendent. In order to receive the |
17 | | provisional alternative superintendent endorsement under this |
18 | | Section, an individual must meet all of the following |
19 | | requirements: |
20 | | (1) Have graduated from a regionally accredited |
21 | | college or university with a minimum of a master's degree |
22 | | in a management field. |
23 | | (2) Have been employed for a period of at least 5 years |
24 | | in a management level position other than education. |
25 | | (3) Have successfully completed phase (1) of |
26 | | subsection (c) of this Section. |
|
| | SB1952 Engrossed | - 83 - | LRB101 10858 AXK 55998 b |
|
|
1 | | (4) Have passed a test of basic skills and a content |
2 | | area test for admission into the program, as required by |
3 | | Section 21B-30 of this Code. |
4 | | (e) Successful completion of an alternative route to |
5 | | superintendent endorsement program shall be deemed to satisfy |
6 | | any other supervisory, administrative, or management |
7 | | experience requirements established by law, and, once |
8 | | completed, an individual shall be eligible for a superintendent |
9 | | endorsement on a Professional Educator License. |
10 | | (f) The State Board of Education, in consultation with the |
11 | | State Educator Preparation and Licensure Board, may adopt such |
12 | | rules as may be needed to establish and implement these |
13 | | alternative route to superintendent endorsement programs.
|
14 | | (Source: P.A. 100-596, eff. 7-1-18.) |
15 | | (105 ILCS 5/24-8.5 new) |
16 | | Sec. 24-8.5. Student teacher; salary. Each school district |
17 | | may provide a salary to a student teacher employed by the |
18 | | district. A school district may fix the amount of salary to pay |
19 | | a student teacher under this Section.
|
20 | | (105 ILCS 5/27A-10)
|
21 | | Sec. 27A-10. Employees.
|
22 | | (a) A person shall be deemed to be employed by a charter |
23 | | school unless a
collective bargaining agreement or the charter |
24 | | school
contract otherwise provides.
|
|
| | SB1952 Engrossed | - 84 - | LRB101 10858 AXK 55998 b |
|
|
1 | | (b) In all school districts, including special charter |
2 | | districts and
districts located in
cities having a population |
3 | | exceeding 500,000, the local school board shall
determine by |
4 | | policy or by negotiated
agreement, if one exists, the |
5 | | employment status of any school district
employees who are |
6 | | employed by a charter school and who seek to return to
|
7 | | employment in the public
schools of the district. Each local |
8 | | school board shall grant, for a period of
up to 5 years, a |
9 | | leave of absence to those of its teachers who accept
employment |
10 | | with a charter school. At the end of the authorized leave of
|
11 | | absence, the teacher must return to the school district or |
12 | | resign; provided,
however, that if the teacher chooses to |
13 | | return to the school district, the
teacher must be assigned to |
14 | | a position which requires the teacher's
certification and legal |
15 | | qualifications. The
contractual
continued service status and |
16 | | retirement benefits of a
teacher of the district who is granted |
17 | | a leave of absence to accept employment
with a charter school |
18 | | shall not be affected by that leave of absence.
|
19 | | (c) Charter schools shall employ in instructional |
20 | | positions, as defined in
the charter, individuals who are |
21 | | certificated under Article 21 of this
Code or who possess the |
22 | | following qualifications:
|
23 | | (i) graduated with a bachelor's degree from an |
24 | | accredited institution of
higher learning;
|
25 | | (ii) been employed for a period of at least 5 years in |
26 | | an area requiring
application of the individual's |
|
| | SB1952 Engrossed | - 85 - | LRB101 10858 AXK 55998 b |
|
|
1 | | education;
|
2 | | (iii) (blank); and passed the tests of basic skills and |
3 | | subject matter knowledge
required by Section 21-1a of the |
4 | | School Code; and
|
5 | | (iv) demonstrate continuing evidence of professional |
6 | | growth which shall
include, but not be limited to, |
7 | | successful teaching experience, attendance at
professional |
8 | | meetings, membership in professional organizations, |
9 | | additional
credits earned at institutions of higher |
10 | | learning, travel specifically for
educational purposes, |
11 | | and reading of professional books and periodicals.
|
12 | | (c-5) Charter schools employing individuals without |
13 | | certification in
instructional positions shall provide such |
14 | | mentoring, training, and staff
development for those |
15 | | individuals as the charter schools determine necessary
for |
16 | | satisfactory performance in the classroom.
|
17 | | At least 50% of the
individuals
employed in instructional |
18 | | positions by a charter school that is operating in a
city
|
19 | | having a population exceeding 500,000 and that is
established |
20 | | on or after April 16, 2003 shall hold teaching certificates |
21 | | issued under
Article 21 of this Code.
|
22 | | At
least 75% of the individuals employed in instructional |
23 | | positions by a
charter school that is operating in a city |
24 | | having a population exceeding
500,000 and that was
established |
25 | | before April 16, 2003 shall hold teaching certificates issued |
26 | | under
Article 21 of this Code.
|
|
| | SB1952 Engrossed | - 86 - | LRB101 10858 AXK 55998 b |
|
|
1 | | (c-10) Notwithstanding any provision in subsection (c-5) |
2 | | to the contrary, in any charter school established before the |
3 | | effective date of this amendatory Act of the 96th General |
4 | | Assembly, at least 75% of the individuals employed in |
5 | | instructional positions by the charter school shall hold |
6 | | teaching certificates issued under Article 21 of this Code |
7 | | beginning with the 2012-2013 school year. In any charter school |
8 | | established after the effective date of this amendatory Act of |
9 | | the 96th General Assembly, at least 75% of the individuals |
10 | | employed in instructional positions by a charter school shall |
11 | | hold teaching certificates issued under Article 21 of this Code |
12 | | by the beginning of the fourth school year during which a |
13 | | student is enrolled in the charter school. Charter schools may |
14 | | employ non-certificated staff in all other positions. |
15 | | (c-15) Charter schools are
exempt from any annual cap on |
16 | | new
participants in an alternative certification program. The |
17 | | second
and third phases of the alternative certification |
18 | | program may
be conducted and completed at the charter school, |
19 | | and the
alternative teaching certificate is valid for 4 years |
20 | | or the length
of the charter (or any extension of the charter), |
21 | | whichever is longer.
|
22 | | (d) A teacher at a charter school may resign his or her |
23 | | position only if
the teacher gives notice of resignation to the |
24 | | charter school's governing body
at least 60 days before the end |
25 | | of the school term, and the resignation must
take effect |
26 | | immediately upon the end of the school term.
|