SB2390 EngrossedLRB103 28048 RJT 54427 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25o, 2-3.71, 10-20.12a, 10-20.67, 21B-20, and 21B-50 as
6follows:
 
7    (105 ILCS 5/2-3.25o)
8    Sec. 2-3.25o. Registration and recognition of non-public
9elementary and secondary schools.
10    (a) Findings. The General Assembly finds and declares (i)
11that the Constitution of the State of Illinois provides that a
12"fundamental goal of the People of the State is the
13educational development of all persons to the limits of their
14capacities" and (ii) that the educational development of every
15school student serves the public purposes of the State. In
16order to ensure that all Illinois students and teachers have
17the opportunity to enroll and work in State-approved
18educational institutions and programs, the State Board of
19Education shall provide for the voluntary registration and
20recognition of non-public elementary and secondary schools.
21    (b) Registration. All non-public elementary and secondary
22schools in the State of Illinois may voluntarily register with
23the State Board of Education on an annual basis. Registration

 

 

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1shall be completed in conformance with procedures prescribed
2by the State Board of Education. Information required for
3registration shall include assurances of compliance (i) with
4federal and State laws regarding health examination and
5immunization, attendance, length of term, and
6nondiscrimination, including assurances that the school will
7not prohibit hairstyles historically associated with race,
8ethnicity, or hair texture, including, but not limited to,
9protective hairstyles such as braids, locks, and twists, and
10(ii) with applicable fire and health safety requirements.
11    (c) Recognition. All non-public elementary and secondary
12schools in the State of Illinois may voluntarily seek the
13status of "Non-public School Recognition" from the State Board
14of Education. This status may be obtained by compliance with
15administrative guidelines and review procedures as prescribed
16by the State Board of Education. The guidelines and procedures
17must recognize that some of the aims and the financial bases of
18non-public schools are different from public schools and will
19not be identical to those for public schools, nor will they be
20more burdensome. The guidelines and procedures must also
21recognize the diversity of non-public schools and shall not
22impinge upon the noneducational relationships between those
23schools and their clientele.
24    (c-5) Prohibition against recognition. A non-public
25elementary or secondary school may not obtain "Non-public
26School Recognition" status unless the school requires all

 

 

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1certified and non-certified applicants for employment with the
2school, after July 1, 2007, to authorize a fingerprint-based
3criminal history records check as a condition of employment to
4determine if such applicants have been convicted of any of the
5enumerated criminal or drug offenses set forth in Section
621B-80 of this Code or have been convicted, within 7 years of
7the application for employment, of any other felony under the
8laws of this State or of any offense committed or attempted in
9any other state or against the laws of the United States that,
10if committed or attempted in this State, would have been
11punishable as a felony under the laws of this State.
12    Authorization for the check shall be furnished by the
13applicant to the school, except that if the applicant is a
14substitute teacher seeking employment in more than one
15non-public school, a teacher seeking concurrent part-time
16employment positions with more than one non-public school (as
17a reading specialist, special education teacher, or
18otherwise), or an educational support personnel employee
19seeking employment positions with more than one non-public
20school, then only one of the non-public schools employing the
21individual shall request the authorization. Upon receipt of
22this authorization, the non-public school shall submit the
23applicant's name, sex, race, date of birth, social security
24number, fingerprint images, and other identifiers, as
25prescribed by the Illinois State Police, to the Illinois State
26Police.

 

 

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1    The Illinois State Police and Federal Bureau of
2Investigation shall furnish, pursuant to a fingerprint-based
3criminal history records check, records of convictions,
4forever and hereafter, until expunged, to the president or
5principal of the non-public school that requested the check.
6The Illinois State Police shall charge that school a fee for
7conducting such check, which fee must be deposited into the
8State Police Services Fund and must not exceed the cost of the
9inquiry. Subject to appropriations for these purposes, the
10State Superintendent of Education shall reimburse non-public
11schools for fees paid to obtain criminal history records
12checks under this Section.
13    A non-public school may not obtain recognition status
14unless the school also performs a check of the Statewide Sex
15Offender Database, as authorized by the Sex Offender Community
16Notification Law, and the Statewide Murderer and Violent
17Offender Against Youth Database, as authorized by the Murderer
18and Violent Offender Against Youth Registration Act, for each
19applicant for employment, after July 1, 2007, to determine
20whether the applicant has been adjudicated of a sex offense or
21of a murder or other violent crime against youth. The checks of
22the Statewide Sex Offender Database and the Stateside Murderer
23and Violent Offender Against Youth Database must be conducted
24by the non-public school once for every 5 years that an
25applicant remains employed by the non-public school. a sex
26offender.

 

 

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1    Any information concerning the record of convictions
2obtained by a non-public school's president or principal under
3this Section is confidential and may be disseminated only to
4the governing body of the non-public school or any other
5person necessary to the decision of hiring the applicant for
6employment. A copy of the record of convictions obtained from
7the Illinois State Police shall be provided to the applicant
8for employment. Upon a check of the Statewide Sex Offender
9Database, the non-public school shall notify the applicant as
10to whether or not the applicant has been identified in the Sex
11Offender Database as a sex offender. Any information
12concerning the records of conviction obtained by the
13non-public school's president or principal under this Section
14for a substitute teacher seeking employment in more than one
15non-public school, a teacher seeking concurrent part-time
16employment positions with more than one non-public school (as
17a reading specialist, special education teacher, or
18otherwise), or an educational support personnel employee
19seeking employment positions with more than one non-public
20school may be shared with another non-public school's
21principal or president to which the applicant seeks
22employment. Any unauthorized release of confidential
23information may be a violation of Section 7 of the Criminal
24Identification Act.
25    No non-public school may obtain recognition status that
26knowingly employs a person, hired after July 1, 2007, for whom

 

 

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1an Illinois State Police and Federal Bureau of Investigation
2fingerprint-based criminal history records check and a
3Statewide Sex Offender Database check has not been initiated
4or who has been convicted of any offense enumerated in Section
521B-80 of this Code or any offense committed or attempted in
6any other state or against the laws of the United States that,
7if committed or attempted in this State, would have been
8punishable as one or more of those offenses. No non-public
9school may obtain recognition status under this Section that
10knowingly employs a person who has been found to be the
11perpetrator of sexual or physical abuse of a minor under 18
12years of age pursuant to proceedings under Article II of the
13Juvenile Court Act of 1987.
14    In order to obtain recognition status under this Section,
15a non-public school must require compliance with the
16provisions of this subsection (c-5) from all employees of
17persons or firms holding contracts with the school, including,
18but not limited to, food service workers, school bus drivers,
19and other transportation employees, who have direct, daily
20contact with pupils. Any information concerning the records of
21conviction or identification as a sex offender of any such
22employee obtained by the non-public school principal or
23president must be promptly reported to the school's governing
24body.
25    Prior to the commencement of any student teaching
26experience or required internship (which is referred to as

 

 

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1student teaching in this Section) in any non-public elementary
2or secondary school that has obtained or seeks to obtain
3recognition status under this Section, a student teacher is
4required to authorize a fingerprint-based criminal history
5records check. Authorization for and payment of the costs of
6the check must be furnished by the student teacher to the chief
7administrative officer of the non-public school where the
8student teaching is to be completed. Upon receipt of this
9authorization and payment, the chief administrative officer of
10the non-public school shall submit the student teacher's name,
11sex, race, date of birth, social security number, fingerprint
12images, and other identifiers, as prescribed by the Illinois
13State Police, to the Illinois State Police. The Illinois State
14Police and the Federal Bureau of Investigation shall furnish,
15pursuant to a fingerprint-based criminal history records
16check, records of convictions, forever and hereinafter, until
17expunged, to the chief administrative officer of the
18non-public school that requested the check. The Illinois State
19Police shall charge the school a fee for conducting the check,
20which fee must be passed on to the student teacher, must not
21exceed the cost of the inquiry, and must be deposited into the
22State Police Services Fund. The school shall further perform a
23check of the Statewide Sex Offender Database, as authorized by
24the Sex Offender Community Notification Law, and of the
25Statewide Murderer and Violent Offender Against Youth
26Database, as authorized by the Murderer and Violent Offender

 

 

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1Against Youth Registration Act, for each student teacher. No
2school that has obtained or seeks to obtain recognition status
3under this Section may knowingly allow a person to student
4teach for whom a criminal history records check, a Statewide
5Sex Offender Database check, and a Statewide Murderer and
6Violent Offender Against Youth Database check have not been
7completed and reviewed by the chief administrative officer of
8the non-public school.
9    A copy of the record of convictions obtained from the
10Illinois State Police must be provided to the student teacher.
11Any information concerning the record of convictions obtained
12by the chief administrative officer of the non-public school
13is confidential and may be transmitted only to the chief
14administrative officer of the non-public school or his or her
15designee, the State Superintendent of Education, the State
16Educator Preparation and Licensure Board, or, for
17clarification purposes, the Illinois State Police or the
18Statewide Sex Offender Database or Statewide Murderer and
19Violent Offender Against Youth Database. Any unauthorized
20release of confidential information may be a violation of
21Section 7 of the Criminal Identification Act.
22    No school that has obtained or seeks to obtain recognition
23status under this Section may knowingly allow a person to
24student teach who has been convicted of any offense that would
25subject him or her to license suspension or revocation
26pursuant to Section 21B-80 of this Code or who has been found

 

 

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1to be the perpetrator of sexual or physical abuse of a minor
2under 18 years of age pursuant to proceedings under Article II
3of the Juvenile Court Act of 1987.
4    Any school that has obtained or seeks to obtain
5recognition status under this Section may not prohibit
6hairstyles historically associated with race, ethnicity, or
7hair texture, including, but not limited to, protective
8hairstyles such as braids, locks, and twists.
9    (d) Public purposes. The provisions of this Section are in
10the public interest, for the public benefit, and serve secular
11public purposes.
12    (e) Definition. For purposes of this Section, a non-public
13school means any non-profit, non-home-based, and non-public
14elementary or secondary school that is in compliance with
15Title VI of the Civil Rights Act of 1964 and attendance at
16which satisfies the requirements of Section 26-1 of this Code.
17(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22.)
 
19    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
20    Sec. 2-3.71. Grants for preschool educational programs.
21    (a) Preschool program.
22        (1) The State Board of Education shall implement and
23    administer a grant program under the provisions of this
24    subsection which shall consist of grants to public school
25    districts and other eligible entities, as defined by the

 

 

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1    State Board of Education, to conduct voluntary preschool
2    educational programs for children ages 3 to 5 which
3    include a parent education component. A public school
4    district which receives grants under this subsection may
5    subcontract with other entities that are eligible to
6    conduct a preschool educational program. These grants must
7    be used to supplement, not supplant, funds received from
8    any other source.
9        (2) (Blank).
10        (3) Except as otherwise provided under this subsection
11    (a), any teacher of preschool children in the program
12    authorized by this subsection shall hold a Professional
13    Educator License with an early childhood education
14    endorsement.
15        (3.5) Beginning with the 2018-2019 school year and
16    until the 2028-2029 2023-2024 school year, an individual
17    may teach preschool children in an early childhood program
18    under this Section if he or she holds a Professional
19    Educator License with an early childhood education
20    endorsement or with short-term approval for early
21    childhood education or he or she pursues a Professional
22    Educator License and holds any of the following:
23            (A) An ECE Credential Level of 5 awarded by the
24        Department of Human Services under the Gateways to
25        Opportunity Program developed under Section 10-70 of
26        the Department of Human Services Act.

 

 

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1            (B) An Educator License with Stipulations with a
2        transitional bilingual educator endorsement and he or
3        she has (i) passed an early childhood education
4        content test or (ii) completed no less than 9 semester
5        hours of postsecondary coursework in the area of early
6        childhood education.
7        (4) (Blank).
8        (4.5) The State Board of Education shall provide the
9    primary source of funding through appropriations for the
10    program. Such funds shall be distributed to achieve a goal
11    of "Preschool for All Children" for the benefit of all
12    children whose families choose to participate in the
13    program. Based on available appropriations, newly funded
14    programs shall be selected through a process giving first
15    priority to qualified programs serving primarily at-risk
16    children and second priority to qualified programs serving
17    primarily children with a family income of less than 4
18    times the poverty guidelines updated periodically in the
19    Federal Register by the U.S. Department of Health and
20    Human Services under the authority of 42 U.S.C. 9902(2).
21    For purposes of this paragraph (4.5), at-risk children are
22    those who because of their home and community environment
23    are subject to such language, cultural, economic and like
24    disadvantages to cause them to have been determined as a
25    result of screening procedures to be at risk of academic
26    failure. Such screening procedures shall be based on

 

 

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1    criteria established by the State Board of Education.
2        Except as otherwise provided in this paragraph (4.5),
3    grantees under the program must enter into a memorandum of
4    understanding with the appropriate local Head Start
5    agency. This memorandum must be entered into no later than
6    3 months after the award of a grantee's grant under the
7    program, except that, in the case of the 2009-2010 program
8    year, the memorandum must be entered into no later than
9    the deadline set by the State Board of Education for
10    applications to participate in the program in fiscal year
11    2011, and must address collaboration between the grantee's
12    program and the local Head Start agency on certain issues,
13    which shall include without limitation the following:
14            (A) educational activities, curricular objectives,
15        and instruction;
16            (B) public information dissemination and access to
17        programs for families contacting programs;
18            (C) service areas;
19            (D) selection priorities for eligible children to
20        be served by programs;
21            (E) maximizing the impact of federal and State
22        funding to benefit young children;
23            (F) staff training, including opportunities for
24        joint staff training;
25            (G) technical assistance;
26            (H) communication and parent outreach for smooth

 

 

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1        transitions to kindergarten;
2            (I) provision and use of facilities,
3        transportation, and other program elements;
4            (J) facilitating each program's fulfillment of its
5        statutory and regulatory requirements;
6            (K) improving local planning and collaboration;
7        and
8            (L) providing comprehensive services for the
9        neediest Illinois children and families.
10    If the appropriate local Head Start agency is unable or
11    unwilling to enter into a memorandum of understanding as
12    required under this paragraph (4.5), the memorandum of
13    understanding requirement shall not apply and the grantee
14    under the program must notify the State Board of Education
15    in writing of the Head Start agency's inability or
16    unwillingness. The State Board of Education shall compile
17    all such written notices and make them available to the
18    public.
19        (5) The State Board of Education shall develop and
20    provide evaluation tools, including tests, that school
21    districts and other eligible entities may use to evaluate
22    children for school readiness prior to age 5. The State
23    Board of Education shall require school districts and
24    other eligible entities to obtain consent from the parents
25    or guardians of children before any evaluations are
26    conducted. The State Board of Education shall encourage

 

 

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1    local school districts and other eligible entities to
2    evaluate the population of preschool children in their
3    communities and provide preschool programs, pursuant to
4    this subsection, where appropriate.
5        (6) The State Board of Education shall report to the
6    General Assembly by November 1, 2018 and every 2 years
7    thereafter on the results and progress of students who
8    were enrolled in preschool educational programs, including
9    an assessment of which programs have been most successful
10    in promoting academic excellence and alleviating academic
11    failure. The State Board of Education shall assess the
12    academic progress of all students who have been enrolled
13    in preschool educational programs.
14        On or before November 1 of each fiscal year in which
15    the General Assembly provides funding for new programs
16    under paragraph (4.5) of this Section, the State Board of
17    Education shall report to the General Assembly on what
18    percentage of new funding was provided to programs serving
19    primarily at-risk children, what percentage of new funding
20    was provided to programs serving primarily children with a
21    family income of less than 4 times the federal poverty
22    level, and what percentage of new funding was provided to
23    other programs.
24        (7) Due to evidence that expulsion practices in the
25    preschool years are linked to poor child outcomes and are
26    employed inconsistently across racial and gender groups,

 

 

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1    early childhood programs receiving State funds under this
2    subsection (a) shall prohibit expulsions. Planned
3    transitions to settings that are able to better meet a
4    child's needs are not considered expulsion under this
5    paragraph (7).
6            (A) When persistent and serious challenging
7        behaviors emerge, the early childhood program shall
8        document steps taken to ensure that the child can
9        participate safely in the program; including
10        observations of initial and ongoing challenging
11        behaviors, strategies for remediation and intervention
12        plans to address the behaviors, and communication with
13        the parent or legal guardian, including participation
14        of the parent or legal guardian in planning and
15        decision-making.
16            (B) The early childhood program shall, with
17        parental or legal guardian consent as required,
18        utilize a range of community resources, if available
19        and deemed necessary, including, but not limited to,
20        developmental screenings, referrals to programs and
21        services administered by a local educational agency or
22        early intervention agency under Parts B and C of the
23        federal Individual with Disabilities Education Act,
24        and consultation with infant and early childhood
25        mental health consultants and the child's health care
26        provider. The program shall document attempts to

 

 

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1        engage these resources, including parent or legal
2        guardian participation and consent attempted and
3        obtained. Communication with the parent or legal
4        guardian shall take place in a culturally and
5        linguistically competent manner.
6            (C) If there is documented evidence that all
7        available interventions and supports recommended by a
8        qualified professional have been exhausted and the
9        program determines in its professional judgment that
10        transitioning a child to another program is necessary
11        for the well-being of the child or his or her peers and
12        staff, with parent or legal guardian permission, both
13        the current and pending programs shall create a
14        transition plan designed to ensure continuity of
15        services and the comprehensive development of the
16        child. Communication with families shall occur in a
17        culturally and linguistically competent manner.
18            (D) Nothing in this paragraph (7) shall preclude a
19        parent's or legal guardian's right to voluntarily
20        withdraw his or her child from an early childhood
21        program. Early childhood programs shall request and
22        keep on file, when received, a written statement from
23        the parent or legal guardian stating the reason for
24        his or her decision to withdraw his or her child.
25            (E) In the case of the determination of a serious
26        safety threat to a child or others or in the case of

 

 

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1        behaviors listed in subsection (d) of Section 10-22.6
2        of this Code, the temporary removal of a child from
3        attendance in group settings may be used. Temporary
4        removal of a child from attendance in a group setting
5        shall trigger the process detailed in subparagraphs
6        (A), (B), and (C) of this paragraph (7), with the child
7        placed back in a group setting as quickly as possible.
8            (F) Early childhood programs may utilize and the
9        State Board of Education, the Department of Human
10        Services, and the Department of Children and Family
11        Services shall recommend training, technical support,
12        and professional development resources to improve the
13        ability of teachers, administrators, program
14        directors, and other staff to promote social-emotional
15        development and behavioral health, to address
16        challenging behaviors, and to understand trauma and
17        trauma-informed care, cultural competence, family
18        engagement with diverse populations, the impact of
19        implicit bias on adult behavior, and the use of
20        reflective practice techniques. Support shall include
21        the availability of resources to contract with infant
22        and early childhood mental health consultants.
23            (G) Beginning on July 1, 2018, early childhood
24        programs shall annually report to the State Board of
25        Education, and, beginning in fiscal year 2020, the
26        State Board of Education shall make available on a

 

 

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1        biennial basis, in an existing report, all of the
2        following data for children from birth to age 5 who are
3        served by the program:
4                (i) Total number served over the course of the
5            program year and the total number of children who
6            left the program during the program year.
7                (ii) Number of planned transitions to another
8            program due to children's behavior, by children's
9            race, gender, disability, language, class/group
10            size, teacher-child ratio, and length of program
11            day.
12                (iii) Number of temporary removals of a child
13            from attendance in group settings due to a serious
14            safety threat under subparagraph (E) of this
15            paragraph (7), by children's race, gender,
16            disability, language, class/group size,
17            teacher-child ratio, and length of program day.
18                (iv) Hours of infant and early childhood
19            mental health consultant contact with program
20            leaders, staff, and families over the program
21            year.
22            (H) Changes to services for children with an
23        individualized education program or individual family
24        service plan shall be construed in a manner consistent
25        with the federal Individuals with Disabilities
26        Education Act.

 

 

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1        The State Board of Education, in consultation with the
2    Governor's Office of Early Childhood Development and the
3    Department of Children and Family Services, shall adopt
4    rules to administer this paragraph (7).
5    (b) (Blank).
6    (c) Notwithstanding any other provisions of this Section,
7grantees may serve children ages 0 to 12 of essential workers
8if the Governor has declared a disaster due to a public health
9emergency pursuant to Section 7 of the Illinois Emergency
10Management Agency Act. For the purposes of this subsection,
11essential workers include those outlined in Executive Order
1220-8 and school employees. The State Board of Education shall
13adopt rules to administer this subsection.
14(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
15101-643, eff. 6-18-20.)
 
16    (105 ILCS 5/10-20.12a)  (from Ch. 122, par. 10-20.12a)
17    Sec. 10-20.12a. Tuition for non-resident pupils.
18    (a) To charge non-resident pupils who attend the schools
19of the district tuition in an amount not exceeding 110% of the
20per capita cost of maintaining the schools of the district for
21the preceding school year.
22    Such per capita cost shall be computed by dividing the
23total cost of conducting and maintaining the schools of the
24district by the average daily attendance, including tuition
25pupils. Depreciation on the buildings and equipment of the

 

 

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1schools of the district, and the amount of annual depreciation
2on such buildings and equipment shall be dependent upon the
3useful life of such property.
4    The tuition charged shall in no case exceed 110% of the per
5capita cost of conducting and maintaining the schools of the
6district attended, as determined with reference to the most
7recent audit prepared under Section 3-7 which is available at
8the commencement of the current school year. Non-resident
9pupils attending the schools of the district for less than the
10school term shall have their tuition apportioned, however
11pupils who become non-resident during a school term shall not
12be charged tuition for the remainder of the school term in
13which they became non-resident pupils.
14    Notwithstanding the provisions of this Section, a school
15district may adopt a policy to waive tuition costs for a
16non-resident pupil if the pupil is a child of a district
17employee. For purposes of this paragraph, "child" means a
18district employee's child who is a biological child, adopted
19child, foster child, stepchild, or a child for which the
20employee serves as a legal guardian.
21    (b) Unless otherwise agreed to by the parties involved and
22where the educational services are not otherwise provided for,
23educational services for an Illinois student under the age of
2421 (and not eligible for services pursuant to Article 14 of
25this Code) in any residential program shall be provided by the
26district in which the facility is located and financed as

 

 

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1follows. The cost of educational services shall be paid by the
2district in which the student resides in an amount equal to the
3cost of providing educational services in the residential
4facility. Payments shall be made by the district of the
5student's residence and shall be made to the district wherein
6the facility is located no less than once per month unless
7otherwise agreed to by the parties.
8    The funding provision of this subsection (b) applies to
9all Illinois students under the age of 21 (and not eligible for
10services pursuant to Article 14 of this Code) receiving
11educational services in residential facilities, irrespective
12of whether the student was placed therein pursuant to this
13Code or the Juvenile Court Act of 1987 or by an Illinois public
14agency or a court. The changes to this subsection (b) made by
15this amendatory Act of the 95th General Assembly apply to all
16placements in effect on July 1, 2007 and all placements
17thereafter. For purposes of this subsection (b), a student's
18district of residence shall be determined in accordance with
19subsection (a) of Section 10-20.12b of this Code. The
20placement of a student in a residential facility shall not
21affect the residency of the student. When a dispute arises
22over the determination of the district of residence under this
23subsection (b), any person or entity, including without
24limitation a school district or residential facility, may make
25a written request for a residency decision to the State
26Superintendent of Education, who, upon review of materials

 

 

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1submitted and any other items or information he or she may
2request for submission, shall issue his or her decision in
3writing. The decision of the State Superintendent of Education
4is final.
5(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
 
6    (105 ILCS 5/10-20.67)
7    (Section scheduled to be repealed on July 1, 2023)
8    Sec. 10-20.67. Short-term substitute teacher training.
9    (a) Each school board shall, in collaboration with its
10teachers or, if applicable, the exclusive bargaining
11representative of its teachers, jointly develop a short-term
12substitute teacher training program that provides individuals
13who hold a Short-Term Substitute Teaching License under
14Section 21B-20 of this Code with information on curriculum,
15classroom management techniques, school safety, and district
16and building operations. The State Board of Education may
17develop a model short-term substitute teacher training program
18for use by a school board under this subsection (a) if the
19school board and its teachers or, if applicable, the exclusive
20bargaining representative of its teachers agree to use the
21State Board's model. A school board with a substitute teacher
22training program in place before July 1, 2018 (the effective
23date of Public Act 100-596) may utilize that program to
24satisfy the requirements of this subsection (a).
25    (b) Nothing in this Section prohibits a school board from

 

 

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1offering substitute training to substitute teachers licensed
2under paragraph (3) of Section 21B-20 of this Code or to
3substitute teachers holding a Professional Educator License.
4    (c) (Blank) This Section is repealed on July 1, 2023.
5(Source: P.A. 100-596, eff. 7-1-18; 101-81, eff. 7-12-19.)
 
6    (105 ILCS 5/21B-20)
7    Sec. 21B-20. Types of licenses. The State Board of
8Education shall implement a system of educator licensure,
9whereby individuals employed in school districts who are
10required to be licensed must have one of the following
11licenses: (i) a professional educator license; (ii) an
12educator license with stipulations; (iii) a substitute
13teaching license; or (iv) until June 30, 2028 2023, a
14short-term substitute teaching license. References in law
15regarding individuals certified or certificated or required to
16be certified or certificated under Article 21 of this Code
17shall also include individuals licensed or required to be
18licensed under this Article. The first year of all licenses
19ends on June 30 following one full year of the license being
20issued.
21    The State Board of Education, in consultation with the
22State Educator Preparation and Licensure Board, may adopt such
23rules as may be necessary to govern the requirements for
24licenses and endorsements under this Section.
25        (1) Professional Educator License. Persons who (i)

 

 

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1    have successfully completed an approved educator
2    preparation program and are recommended for licensure by
3    the Illinois institution offering the educator preparation
4    program, (ii) have successfully completed the required
5    testing under Section 21B-30 of this Code, (iii) have
6    successfully completed coursework on the psychology of,
7    the identification of, and the methods of instruction for
8    the exceptional child, including without limitation
9    children with learning disabilities, (iv) have
10    successfully completed coursework in methods of reading
11    and reading in the content area, and (v) have met all other
12    criteria established by rule of the State Board of
13    Education shall be issued a Professional Educator License.
14    All Professional Educator Licenses are valid until June 30
15    immediately following 5 years of the license being issued.
16    The Professional Educator License shall be endorsed with
17    specific areas and grade levels in which the individual is
18    eligible to practice. For an early childhood education
19    endorsement, an individual may satisfy the student
20    teaching requirement of his or her early childhood teacher
21    preparation program through placement in a setting with
22    children from birth through grade 2, and the individual
23    may be paid and receive credit while student teaching. The
24    student teaching experience must meet the requirements of
25    and be approved by the individual's early childhood
26    teacher preparation program.

 

 

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1        Individuals can receive subsequent endorsements on the
2    Professional Educator License. Subsequent endorsements
3    shall require a minimum of 24 semester hours of coursework
4    in the endorsement area and passage of the applicable
5    content area test, unless otherwise specified by rule.
6        (2) Educator License with Stipulations. An Educator
7    License with Stipulations shall be issued an endorsement
8    that limits the license holder to one particular position
9    or does not require completion of an approved educator
10    program or both.
11        An individual with an Educator License with
12    Stipulations must not be employed by a school district or
13    any other entity to replace any presently employed teacher
14    who otherwise would not be replaced for any reason.
15        An Educator License with Stipulations may be issued
16    with the following endorsements:
17            (A) (Blank).
18            (B) Alternative provisional educator. An
19        alternative provisional educator endorsement on an
20        Educator License with Stipulations may be issued to an
21        applicant who, at the time of applying for the
22        endorsement, has done all of the following:
23                (i) Graduated from a regionally accredited
24            college or university with a minimum of a
25            bachelor's degree.
26                (ii) Successfully completed the first phase of

 

 

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1            the Alternative Educator Licensure Program for
2            Teachers, as described in Section 21B-50 of this
3            Code.
4                (iii) Passed a content area test, as required
5            under Section 21B-30 of this Code.
6        The alternative provisional educator endorsement is
7    valid for 2 years of teaching and may be renewed for a
8    third year by an individual meeting the requirements set
9    forth in Section 21B-50 of this Code.
10            (C) Alternative provisional superintendent. An
11        alternative provisional superintendent endorsement on
12        an Educator License with Stipulations entitles the
13        holder to serve only as a superintendent or assistant
14        superintendent in a school district's central office.
15        This endorsement may only be issued to an applicant
16        who, at the time of applying for the endorsement, has
17        done all of the following:
18                (i) Graduated from a regionally accredited
19            college or university with a minimum of a master's
20            degree in a management field other than education.
21                (ii) Been employed for a period of at least 5
22            years in a management level position in a field
23            other than education.
24                (iii) Successfully completed the first phase
25            of an alternative route to superintendent
26            endorsement program, as provided in Section 21B-55

 

 

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1            of this Code.
2                (iv) Passed a content area test required under
3            Section 21B-30 of this Code.
4            The endorsement is valid for 2 fiscal years in
5        order to complete one full year of serving as a
6        superintendent or assistant superintendent.
7            (D) (Blank).
8            (E) Career and technical educator. A career and
9        technical educator endorsement on an Educator License
10        with Stipulations may be issued to an applicant who
11        has a minimum of 60 semester hours of coursework from a
12        regionally accredited institution of higher education
13        or an accredited trade and technical institution and
14        has a minimum of 2,000 hours of experience outside of
15        education in each area to be taught.
16            The career and technical educator endorsement on
17        an Educator License with Stipulations is valid until
18        June 30 immediately following 5 years of the
19        endorsement being issued and may be renewed.
20            An individual who holds a valid career and
21        technical educator endorsement on an Educator License
22        with Stipulations but does not hold a bachelor's
23        degree may substitute teach in career and technical
24        education classrooms.
25            (F) (Blank).
26            (G) Transitional bilingual educator. A

 

 

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1        transitional bilingual educator endorsement on an
2        Educator License with Stipulations may be issued for
3        the purpose of providing instruction in accordance
4        with Article 14C of this Code to an applicant who
5        provides satisfactory evidence that he or she meets
6        all of the following requirements:
7                (i) Possesses adequate speaking, reading, and
8            writing ability in the language other than English
9            in which transitional bilingual education is
10            offered.
11                (ii) Has the ability to successfully
12            communicate in English.
13                (iii) Either possessed, within 5 years
14            previous to his or her applying for a transitional
15            bilingual educator endorsement, a valid and
16            comparable teaching certificate or comparable
17            authorization issued by a foreign country or holds
18            a degree from an institution of higher learning in
19            a foreign country that the State Educator
20            Preparation and Licensure Board determines to be
21            the equivalent of a bachelor's degree from a
22            regionally accredited institution of higher
23            learning in the United States.
24            A transitional bilingual educator endorsement
25        shall be valid for prekindergarten through grade 12,
26        is valid until June 30 immediately following 5 years

 

 

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1        of the endorsement being issued, and shall not be
2        renewed.
3            Persons holding a transitional bilingual educator
4        endorsement shall not be employed to replace any
5        presently employed teacher who otherwise would not be
6        replaced for any reason.
7            (H) Language endorsement. In an effort to
8        alleviate the shortage of teachers speaking a language
9        other than English in the public schools, an
10        individual who holds an Educator License with
11        Stipulations may also apply for a language
12        endorsement, provided that the applicant provides
13        satisfactory evidence that he or she meets all of the
14        following requirements:
15                (i) Holds a transitional bilingual
16            endorsement.
17                (ii) Has demonstrated proficiency in the
18            language for which the endorsement is to be issued
19            by passing the applicable language content test
20            required by the State Board of Education.
21                (iii) Holds a bachelor's degree or higher from
22            a regionally accredited institution of higher
23            education or, for individuals educated in a
24            country other than the United States, holds a
25            degree from an institution of higher learning in a
26            foreign country that the State Educator

 

 

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1            Preparation and Licensure Board determines to be
2            the equivalent of a bachelor's degree from a
3            regionally accredited institution of higher
4            learning in the United States.
5                (iv) (Blank).
6            A language endorsement on an Educator License with
7        Stipulations is valid for prekindergarten through
8        grade 12 for the same validity period as the
9        individual's transitional bilingual educator
10        endorsement on the Educator License with Stipulations
11        and shall not be renewed.
12            (I) Visiting international educator. A visiting
13        international educator endorsement on an Educator
14        License with Stipulations may be issued to an
15        individual who is being recruited by a particular
16        school district that conducts formal recruitment
17        programs outside of the United States to secure the
18        services of qualified teachers and who meets all of
19        the following requirements:
20                (i) Holds the equivalent of a minimum of a
21            bachelor's degree issued in the United States.
22                (ii) Has been prepared as a teacher at the
23            grade level for which he or she will be employed.
24                (iii) Has adequate content knowledge in the
25            subject to be taught.
26                (iv) Has an adequate command of the English

 

 

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1            language.
2            A holder of a visiting international educator
3        endorsement on an Educator License with Stipulations
4        shall be permitted to teach in bilingual education
5        programs in the language that was the medium of
6        instruction in his or her teacher preparation program,
7        provided that he or she passes the English Language
8        Proficiency Examination or another test of writing
9        skills in English identified by the State Board of
10        Education, in consultation with the State Educator
11        Preparation and Licensure Board.
12            A visiting international educator endorsement on
13        an Educator License with Stipulations is valid for 5
14        years and shall not be renewed.
15            (J) Paraprofessional educator. A paraprofessional
16        educator endorsement on an Educator License with
17        Stipulations may be issued to an applicant who holds a
18        high school diploma or its recognized equivalent and
19        (i) holds an associate's degree or a minimum of 60
20        semester hours of credit from a regionally accredited
21        institution of higher education; (ii) has passed a
22        paraprofessional competency test under subsection
23        (c-5) of Section 21B-30; or (iii) is at least 18 years
24        of age and will be using the Educator License with
25        Stipulations exclusively for grades prekindergarten
26        through grade 8, until the individual reaches the age

 

 

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1        of 19 years and otherwise meets the criteria for a
2        paraprofessional educator endorsement pursuant to this
3        subparagraph (J). The paraprofessional educator
4        endorsement is valid until June 30 immediately
5        following 5 years of the endorsement being issued and
6        may be renewed through application and payment of the
7        appropriate fee, as required under Section 21B-40 of
8        this Code. An individual who holds only a
9        paraprofessional educator endorsement is not subject
10        to additional requirements in order to renew the
11        endorsement.
12            (K) Chief school business official. A chief school
13        business official endorsement on an Educator License
14        with Stipulations may be issued to an applicant who
15        qualifies by having a master's degree or higher, 2
16        years of full-time administrative experience in school
17        business management or 2 years of university-approved
18        practical experience, and a minimum of 24 semester
19        hours of graduate credit in a program approved by the
20        State Board of Education for the preparation of school
21        business administrators and by passage of the
22        applicable State tests, including an applicable
23        content area test.
24            The chief school business official endorsement may
25        also be affixed to the Educator License with
26        Stipulations of any holder who qualifies by having a

 

 

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1        master's degree in business administration, finance,
2        accounting, or public administration and who completes
3        an additional 6 semester hours of internship in school
4        business management from a regionally accredited
5        institution of higher education and passes the
6        applicable State tests, including an applicable
7        content area test. This endorsement shall be required
8        for any individual employed as a chief school business
9        official.
10            The chief school business official endorsement on
11        an Educator License with Stipulations is valid until
12        June 30 immediately following 5 years of the
13        endorsement being issued and may be renewed if the
14        license holder completes renewal requirements as
15        required for individuals who hold a Professional
16        Educator License endorsed for chief school business
17        official under Section 21B-45 of this Code and such
18        rules as may be adopted by the State Board of
19        Education.
20            The State Board of Education shall adopt any rules
21        necessary to implement Public Act 100-288.
22            (L) Provisional in-state educator. A provisional
23        in-state educator endorsement on an Educator License
24        with Stipulations may be issued to a candidate who has
25        completed an Illinois-approved educator preparation
26        program at an Illinois institution of higher education

 

 

SB2390 Engrossed- 34 -LRB103 28048 RJT 54427 b

1        and who has not successfully completed an
2        evidence-based assessment of teacher effectiveness but
3        who meets all of the following requirements:
4                (i) Holds at least a bachelor's degree.
5                (ii) Has completed an approved educator
6            preparation program at an Illinois institution.
7                (iii) Has passed an applicable content area
8            test, as required by Section 21B-30 of this Code.
9                (iv) Has attempted an evidence-based
10            assessment of teacher effectiveness and received a
11            minimum score on that assessment, as established
12            by the State Board of Education in consultation
13            with the State Educator Preparation and Licensure
14            Board.
15            A provisional in-state educator endorsement on an
16        Educator License with Stipulations is valid for one
17        full fiscal year after the date of issuance and may not
18        be renewed.
19            (M) (Blank).
20            (N) Specialized services. A specialized services
21        endorsement on an Educator License with Stipulations
22        may be issued as defined and specified by rule.
23        (3) Substitute Teaching License. A Substitute Teaching
24    License may be issued to qualified applicants for
25    substitute teaching in all grades of the public schools,
26    prekindergarten through grade 12. Substitute Teaching

 

 

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1    Licenses are not eligible for endorsements. Applicants for
2    a Substitute Teaching License must hold a bachelor's
3    degree or higher from a regionally accredited institution
4    of higher education or must be enrolled in an approved
5    educator preparation program in this State and have earned
6    at least 90 credit hours.
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
13    Substitute 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
18    district may employ a substitute teacher for no longer
19    than 30 calendar days per each vacant position in the
20    district if the district notifies the appropriate regional
21    office of education within 5 business days after the
22    employment of the substitute teacher in the emergency
23    situation. An emergency situation is one in which an
24    unforeseen vacancy has occurred and (i) a teacher is
25    unable to fulfill his or her contractual duties or (ii)
26    teacher capacity needs of the district exceed previous

 

 

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1    indications, and the district is actively engaged in
2    advertising to hire a fully licensed teacher for the
3    vacant position.
4        There is no limit on the number of days that a
5    substitute teacher may teach in a single school district,
6    provided that no substitute teacher may teach for longer
7    than 120 days beginning with the 2021-2022 school year
8    through the 2022-2023 school year, otherwise 90 school
9    days for any one licensed teacher under contract in the
10    same school year. A substitute teacher who holds a
11    Professional Educator License or Educator License with
12    Stipulations shall not teach for more than 120 school days
13    for any one licensed teacher under contract in the same
14    school year. The limitations in this paragraph (3) on the
15    number of days a substitute teacher may be employed do not
16    apply to any school district operating under Article 34 of
17    this Code.
18        A school district may not require an individual who
19    holds a valid Professional Educator License or Educator
20    License with Stipulations to seek or hold a Substitute
21    Teaching License to teach as a substitute teacher.
22        (4) Short-Term Substitute Teaching License. Beginning
23    on July 1, 2018 and until June 30, 2028 2023, applicants
24    may apply to the State Board of Education for issuance of
25    may issue a Short-Term Substitute Teaching License. A
26    Short-Term Substitute Teaching License may be issued to a

 

 

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1    qualified applicant for substitute teaching in all grades
2    of the public schools, prekindergarten through grade 12.
3    Short-Term Substitute Teaching Licenses are not eligible
4    for endorsements. Applicants for a Short-Term Substitute
5    Teaching License must hold an associate's degree or have
6    completed at least 60 credit hours from a regionally
7    accredited institution of higher education.
8        Short-Term Substitute Teaching Licenses are valid for
9    substitute teaching in every county of this State. If an
10    individual has had his or her Professional Educator
11    License or Educator License with Stipulations suspended or
12    revoked, then that individual is not eligible to obtain a
13    Short-Term Substitute Teaching License.
14        The provisions of Sections 10-21.9 and 34-18.5 of this
15    Code apply to short-term substitute teachers.
16        An individual holding a Short-Term Substitute Teaching
17    License may teach no more than 15 consecutive days per
18    licensed teacher who is under contract. For teacher
19    absences lasting 6 or more days per licensed teacher who
20    is under contract, a school district may not hire an
21    individual holding a Short-Term Substitute Teaching
22    License, unless the Governor has declared a disaster due
23    to a public health emergency pursuant to Section 7 of the
24    Illinois Emergency Management Agency Act. An individual
25    holding a Short-Term Substitute Teaching License must
26    complete the training program under Section 10-20.67 or

 

 

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1    34-18.60 of this Code to be eligible to teach at a public
2    school. Short-term substitute teaching licenses under this
3    Section are valid for 5 years. This paragraph (4) is
4    inoperative on and after July 1, 2023.
5(Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19;
6101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff.
71-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717,
8eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)
 
9    (105 ILCS 5/21B-50)
10    Sec. 21B-50. Alternative Educator Licensure Program.
11    (a) There is established an alternative educator licensure
12program, to be known as the Alternative Educator Licensure
13Program for Teachers.
14    (b) The Alternative Educator Licensure Program for
15Teachers may be offered by a recognized institution approved
16to offer educator preparation programs by the State Board of
17Education, in consultation with the State Educator Preparation
18and Licensure Board.
19    The program shall be comprised of up to 3 4 phases:
20        (1) A course of study that at a minimum includes
21    instructional planning; instructional strategies,
22    including special education, reading, and English language
23    learning; classroom management; and the assessment of
24    students and use of data to drive instruction.
25        (2) A year of residency, which is a candidate's

 

 

SB2390 Engrossed- 39 -LRB103 28048 RJT 54427 b

1    assignment to a full-time teaching position or as a
2    co-teacher for one full school year. An individual must
3    hold an Educator License with Stipulations with an
4    alternative provisional educator endorsement in order to
5    enter the residency. In residency, the candidate must: be
6    assigned an effective, fully licensed teacher by the
7    principal or principal equivalent to act as a mentor and
8    coach the candidate through residency, and must complete
9    additional program requirements that address required
10    State and national standards, pass the State Board's
11    teacher performance assessment no later than the end of
12    the first semester of the second year of residency, as
13    required under phase (3) of this subsection (b), and be
14    recommended by the principal or qualified equivalent of a
15    principal, as required under subsection (d) of this
16    Section, and the program coordinator to be recommended for
17    full licensure or to continue with a the second year of the
18    residency.
19        (3) (Blank). A second year of residency, which shall
20    include the candidate's assignment to a full-time teaching
21    position for one school year. The candidate must be
22    assigned an experienced teacher to act as a mentor and
23    coach the candidate through the second year of residency.
24        (4) A comprehensive assessment of the candidate's
25    teaching effectiveness, as evaluated by the principal or
26    qualified equivalent of a principal, as required under

 

 

SB2390 Engrossed- 40 -LRB103 28048 RJT 54427 b

1    subsection (d) of this Section, and the program
2    coordinator, at the end of either the first or the second
3    year of residency. If there is disagreement between the 2
4    evaluators about the candidate's teaching effectiveness at
5    the end of the first year of residency, a second year of
6    residency shall be required. If there is disagreement
7    between the 2 evaluators at the end of the second year of
8    residency, the candidate may complete one additional year
9    of residency teaching under a professional development
10    plan developed by the principal or qualified equivalent
11    and the preparation program. At the completion of the
12    third year, a candidate must have positive evaluations and
13    a recommendation for full licensure from both the
14    principal or qualified equivalent and the program
15    coordinator or no Professional Educator License shall be
16    issued.
17    Successful completion of the program shall be deemed to
18satisfy any other practice or student teaching and content
19matter requirements established by law.
20    (c) An alternative provisional educator endorsement on an
21Educator License with Stipulations is valid for up to 2 years
22of teaching in the public schools, including without
23limitation a preschool educational program under Section
242-3.71 of this Code or charter school, or in a
25State-recognized nonpublic school in which the chief
26administrator is required to have the licensure necessary to

 

 

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1be a principal in a public school in this State and in which a
2majority of the teachers are required to have the licensure
3necessary to be instructors in a public school in this State,
4but may be renewed for a third year if needed to complete the
5Alternative Educator Licensure Program for Teachers. The
6endorsement shall be issued only once to an individual who
7meets all of the following requirements:
8        (1) Has graduated from a regionally accredited college
9    or university with a bachelor's degree or higher.
10        (2) (Blank).
11        (3) Has completed a major in the content area if
12    seeking a middle or secondary level endorsement or, if
13    seeking an early childhood, elementary, or special
14    education endorsement, has completed a major in the
15    content area of early childhood reading, English/language
16    arts, mathematics, or one of the sciences. If the
17    individual does not have a major in a content area for any
18    level of teaching, he or she must submit transcripts to
19    the State Board of Education to be reviewed for
20    equivalency.
21        (4) Has successfully completed phase (1) of subsection
22    (b) of this Section.
23        (5) Has passed a content area test required for the
24    specific endorsement for admission into the program, as
25    required under Section 21B-30 of this Code.
26    A candidate possessing the alternative provisional

 

 

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

 

 

SB2390 Engrossed- 43 -LRB103 28048 RJT 54427 b

1qualified equivalent of a principal to recommend or evaluate
2candidates in the program. The program presented for approval
3by the State Board of Education must demonstrate the supports
4that are to be provided to assist the provisional teacher
5during the 1-year or 2-year residency period and if the
6residency period is to be less than 2 years in length,
7assurances from the partner school districts to provide
8intensive mentoring and supports through at least the end of
9the second full year of teaching for educators who completed
10the Alternative Educators Licensure Program in less than 2
11years. These supports must, at a minimum, provide additional
12contact hours with mentors during the first year of residency.
13    (e) Upon completion of the 4 phases under paragraphs (1),
14(2), (4), and, if needed, (3) outlined in subsection (b) of
15this Section and all assessments required under Section 21B-30
16of this Code, an individual shall receive a Professional
17Educator License.
18    (f) The State Board of Education, in consultation with the
19State Educator Preparation and Licensure Board, may adopt such
20rules as may be necessary to establish and implement the
21Alternative Educator Licensure Program for Teachers.
22(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
23101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
246-18-20; 101-654, eff. 3-8-21.)
 
25    Section 99. Effective date. This Act takes effect upon
26becoming law.