Sen. Meg Loughran Cappel

Filed: 5/9/2023





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2    AMENDMENT NO. ______. Amend House Bill 3600 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 2-3.25o, 2-3.71, 10-20.12a, 10-20.67, 21B-20, and
621B-50 as follows:
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



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1the opportunity to enroll and work in State-approved
2educational institutions and programs, the State Board of
3Education shall provide for the voluntary registration and
4recognition of non-public elementary and secondary schools.
5    (b) Registration. All non-public elementary and secondary
6schools in the State of Illinois may voluntarily register with
7the State Board of Education on an annual basis. Registration
8shall be completed in conformance with procedures prescribed
9by the State Board of Education. Information required for
10registration shall include assurances of compliance (i) with
11federal and State laws regarding health examination and
12immunization, attendance, length of term, and
13nondiscrimination, including assurances that the school will
14not prohibit hairstyles historically associated with race,
15ethnicity, or hair texture, including, but not limited to,
16protective hairstyles such as braids, locks, and twists, and
17(ii) with applicable fire and health safety requirements.
18    (c) Recognition. All non-public elementary and secondary
19schools in the State of Illinois may voluntarily seek the
20status of "Non-public School Recognition" from the State Board
21of Education. This status may be obtained by compliance with
22administrative guidelines and review procedures as prescribed
23by the State Board of Education. The guidelines and procedures
24must recognize that some of the aims and the financial bases of
25non-public schools are different from public schools and will
26not be identical to those for public schools, nor will they be



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1more burdensome. The guidelines and procedures must also
2recognize the diversity of non-public schools and shall not
3impinge upon the noneducational relationships between those
4schools and their clientele.
5    (c-5) Prohibition against recognition. A non-public
6elementary or secondary school may not obtain "Non-public
7School Recognition" status unless the school requires all
8certified and non-certified applicants for employment with the
9school, after July 1, 2007, to authorize a fingerprint-based
10criminal history records check as a condition of employment to
11determine if such applicants have been convicted of any of the
12enumerated criminal or drug offenses set forth in Section
1321B-80 of this Code or have been convicted, within 7 years of
14the application for employment, of any other felony under the
15laws of this State or of any offense committed or attempted in
16any other state or against the laws of the United States that,
17if committed or attempted in this State, would have been
18punishable as a felony under the laws of this State.
19    Authorization for the check shall be furnished by the
20applicant to the school, except that if the applicant is a
21substitute teacher seeking employment in more than one
22non-public school, a teacher seeking concurrent part-time
23employment positions with more than one non-public school (as
24a reading specialist, special education teacher, or
25otherwise), or an educational support personnel employee
26seeking employment positions with more than one non-public



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1school, then only one of the non-public schools employing the
2individual shall request the authorization. Upon receipt of
3this authorization, the non-public school shall submit the
4applicant's name, sex, race, date of birth, social security
5number, fingerprint images, and other identifiers, as
6prescribed by the Illinois State Police, to the Illinois State
8    The Illinois State Police and Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions,
11forever and hereafter, until expunged, to the president or
12principal of the non-public school that requested the check.
13The Illinois State Police shall charge that school a fee for
14conducting such check, which fee must be deposited into the
15State Police Services Fund and must not exceed the cost of the
16inquiry. Subject to appropriations for these purposes, the
17State Superintendent of Education shall reimburse non-public
18schools for fees paid to obtain criminal history records
19checks under this Section.
20    A non-public school may not obtain recognition status
21unless the school also performs a check of the Statewide Sex
22Offender Database, as authorized by the Sex Offender Community
23Notification Law, and the Statewide Murderer and Violent
24Offender Against Youth Database, as authorized by the Murderer
25and Violent Offender Against Youth Registration Act, for each
26applicant for employment, after July 1, 2007, to determine



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1whether the applicant has been adjudicated of a sex offense or
2of a murder or other violent crime against youth. The checks of
3the Statewide Sex Offender Database and the Statewide Murderer
4and Violent Offender Against Youth Database must be conducted
5by the non-public school once for every 5 years that an
6applicant remains employed by the non-public school a sex
8    Any information concerning the record of convictions
9obtained by a non-public school's president or principal under
10this Section is confidential and may be disseminated only to
11the governing body of the non-public school or any other
12person necessary to the decision of hiring the applicant for
13employment. A copy of the record of convictions obtained from
14the Illinois State Police shall be provided to the applicant
15for employment. Upon a check of the Statewide Sex Offender
16Database, the non-public school shall notify the applicant as
17to whether or not the applicant has been identified in the Sex
18Offender Database as a sex offender. Any information
19concerning the records of conviction obtained by the
20non-public school's president or principal under this Section
21for a substitute teacher seeking employment in more than one
22non-public school, a teacher seeking concurrent part-time
23employment positions with more than one non-public school (as
24a reading specialist, special education teacher, or
25otherwise), or an educational support personnel employee
26seeking employment positions with more than one non-public



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1school may be shared with another non-public school's
2principal or president to which the applicant seeks
3employment. Any unauthorized release of confidential
4information may be a violation of Section 7 of the Criminal
5Identification Act.
6    No non-public school may obtain recognition status that
7knowingly employs a person, hired after July 1, 2007, for whom
8an Illinois State Police and Federal Bureau of Investigation
9fingerprint-based criminal history records check and a
10Statewide Sex Offender Database check has not been initiated
11or who has been convicted of any offense enumerated in Section
1221B-80 of this Code or any offense committed or attempted in
13any other state or against the laws of the United States that,
14if committed or attempted in this State, would have been
15punishable as one or more of those offenses. No non-public
16school may obtain recognition status under this Section that
17knowingly employs a person who has been found to be the
18perpetrator of sexual or physical abuse of a minor under 18
19years of age pursuant to proceedings under Article II of the
20Juvenile Court Act of 1987.
21    In order to obtain recognition status under this Section,
22a non-public school must require compliance with the
23provisions of this subsection (c-5) from all employees of
24persons or firms holding contracts with the school, including,
25but not limited to, food service workers, school bus drivers,
26and other transportation employees, who have direct, daily



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1contact with pupils. Any information concerning the records of
2conviction or identification as a sex offender of any such
3employee obtained by the non-public school principal or
4president must be promptly reported to the school's governing
6    Prior to the commencement of any student teaching
7experience or required internship (which is referred to as
8student teaching in this Section) in any non-public elementary
9or secondary school that has obtained or seeks to obtain
10recognition status under this Section, a student teacher is
11required to authorize a fingerprint-based criminal history
12records check. Authorization for and payment of the costs of
13the check must be furnished by the student teacher to the chief
14administrative officer of the non-public school where the
15student teaching is to be completed. Upon receipt of this
16authorization and payment, the chief administrative officer of
17the non-public school shall submit the student teacher's name,
18sex, race, date of birth, social security number, fingerprint
19images, and other identifiers, as prescribed by the Illinois
20State Police, to the Illinois State Police. The Illinois State
21Police and the Federal Bureau of Investigation shall furnish,
22pursuant to a fingerprint-based criminal history records
23check, records of convictions, forever and hereinafter, until
24expunged, to the chief administrative officer of the
25non-public school that requested the check. The Illinois State
26Police shall charge the school a fee for conducting the check,



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1which fee must be passed on to the student teacher, must not
2exceed the cost of the inquiry, and must be deposited into the
3State Police Services Fund. The school shall further perform a
4check of the Statewide Sex Offender Database, as authorized by
5the Sex Offender Community Notification Law, and of the
6Statewide Murderer and Violent Offender Against Youth
7Database, as authorized by the Murderer and Violent Offender
8Against Youth Registration Act, for each student teacher. No
9school that has obtained or seeks to obtain recognition status
10under this Section may knowingly allow a person to student
11teach for whom a criminal history records check, a Statewide
12Sex Offender Database check, and a Statewide Murderer and
13Violent Offender Against Youth Database check have not been
14completed and reviewed by the chief administrative officer of
15the non-public school.
16    A copy of the record of convictions obtained from the
17Illinois State Police must be provided to the student teacher.
18Any information concerning the record of convictions obtained
19by the chief administrative officer of the non-public school
20is confidential and may be transmitted only to the chief
21administrative officer of the non-public school or his or her
22designee, the State Superintendent of Education, the State
23Educator Preparation and Licensure Board, or, for
24clarification purposes, the Illinois State Police or the
25Statewide Sex Offender Database or Statewide Murderer and
26Violent Offender Against Youth Database. Any unauthorized



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1release of confidential information may be a violation of
2Section 7 of the Criminal Identification Act.
3    No school that has obtained or seeks to obtain recognition
4status under this Section may knowingly allow a person to
5student teach who has been convicted of any offense that would
6subject him or her to license suspension or revocation
7pursuant to Section 21B-80 of this Code or who has been found
8to be the perpetrator of sexual or physical abuse of a minor
9under 18 years of age pursuant to proceedings under Article II
10of the Juvenile Court Act of 1987.
11    Any school that has obtained or seeks to obtain
12recognition status under this Section may not prohibit
13hairstyles historically associated with race, ethnicity, or
14hair texture, including, but not limited to, protective
15hairstyles such as braids, locks, and twists.
16    (d) Public purposes. The provisions of this Section are in
17the public interest, for the public benefit, and serve secular
18public purposes.
19    (e) Definition. For purposes of this Section, a non-public
20school means any non-profit, non-home-based, and non-public
21elementary or secondary school that is in compliance with
22Title VI of the Civil Rights Act of 1964 and attendance at
23which satisfies the requirements of Section 26-1 of this Code.
24(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
25102-813, eff. 5-13-22.)



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1    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
2    Sec. 2-3.71. Grants for preschool educational programs.
3    (a) Preschool program.
4        (1) The State Board of Education shall implement and
5    administer a grant program under the provisions of this
6    subsection which shall consist of grants to public school
7    districts and other eligible entities, as defined by the
8    State Board of Education, to conduct voluntary preschool
9    educational programs for children ages 3 to 5 which
10    include a parent education component. A public school
11    district which receives grants under this subsection may
12    subcontract with other entities that are eligible to
13    conduct a preschool educational program. These grants must
14    be used to supplement, not supplant, funds received from
15    any other source.
16        (2) (Blank).
17        (3) Except as otherwise provided under this subsection
18    (a), any teacher of preschool children in the program
19    authorized by this subsection shall hold a Professional
20    Educator License with an early childhood education
21    endorsement.
22        (3.5) Beginning with the 2018-2019 school year and
23    until the 2028-2029 2023-2024 school year, an individual
24    may teach preschool children in an early childhood program
25    under this Section if he or she holds a Professional
26    Educator License with an early childhood education



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1    endorsement or with short-term approval for early
2    childhood education or he or she pursues a Professional
3    Educator License and holds any of the following:
4            (A) An ECE Credential Level of 5 awarded by the
5        Department of Human Services under the Gateways to
6        Opportunity Program developed under Section 10-70 of
7        the Department of Human Services Act.
8            (B) An Educator License with Stipulations with a
9        transitional bilingual educator endorsement and he or
10        she has (i) passed an early childhood education
11        content test or (ii) completed no less than 9 semester
12        hours of postsecondary coursework in the area of early
13        childhood education.
14        (4) (Blank).
15        (4.5) The State Board of Education shall provide the
16    primary source of funding through appropriations for the
17    program. Such funds shall be distributed to achieve a goal
18    of "Preschool for All Children" for the benefit of all
19    children whose families choose to participate in the
20    program. Based on available appropriations, newly funded
21    programs shall be selected through a process giving first
22    priority to qualified programs serving primarily at-risk
23    children and second priority to qualified programs serving
24    primarily children with a family income of less than 4
25    times the poverty guidelines updated periodically in the
26    Federal Register by the U.S. Department of Health and



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1    Human Services under the authority of 42 U.S.C. 9902(2).
2    For purposes of this paragraph (4.5), at-risk children are
3    those who because of their home and community environment
4    are subject to such language, cultural, economic and like
5    disadvantages to cause them to have been determined as a
6    result of screening procedures to be at risk of academic
7    failure. Such screening procedures shall be based on
8    criteria established by the State Board of Education.
9        Except as otherwise provided in this paragraph (4.5),
10    grantees under the program must enter into a memorandum of
11    understanding with the appropriate local Head Start
12    agency. This memorandum must be entered into no later than
13    3 months after the award of a grantee's grant under the
14    program, except that, in the case of the 2009-2010 program
15    year, the memorandum must be entered into no later than
16    the deadline set by the State Board of Education for
17    applications to participate in the program in fiscal year
18    2011, and must address collaboration between the grantee's
19    program and the local Head Start agency on certain issues,
20    which shall include without limitation the following:
21            (A) educational activities, curricular objectives,
22        and instruction;
23            (B) public information dissemination and access to
24        programs for families contacting programs;
25            (C) service areas;
26            (D) selection priorities for eligible children to



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1        be served by programs;
2            (E) maximizing the impact of federal and State
3        funding to benefit young children;
4            (F) staff training, including opportunities for
5        joint staff training;
6            (G) technical assistance;
7            (H) communication and parent outreach for smooth
8        transitions to kindergarten;
9            (I) provision and use of facilities,
10        transportation, and other program elements;
11            (J) facilitating each program's fulfillment of its
12        statutory and regulatory requirements;
13            (K) improving local planning and collaboration;
14        and
15            (L) providing comprehensive services for the
16        neediest Illinois children and families.
17    If the appropriate local Head Start agency is unable or
18    unwilling to enter into a memorandum of understanding as
19    required under this paragraph (4.5), the memorandum of
20    understanding requirement shall not apply and the grantee
21    under the program must notify the State Board of Education
22    in writing of the Head Start agency's inability or
23    unwillingness. The State Board of Education shall compile
24    all such written notices and make them available to the
25    public.
26        (5) The State Board of Education shall develop and



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1    provide evaluation tools, including tests, that school
2    districts and other eligible entities may use to evaluate
3    children for school readiness prior to age 5. The State
4    Board of Education shall require school districts and
5    other eligible entities to obtain consent from the parents
6    or guardians of children before any evaluations are
7    conducted. The State Board of Education shall encourage
8    local school districts and other eligible entities to
9    evaluate the population of preschool children in their
10    communities and provide preschool programs, pursuant to
11    this subsection, where appropriate.
12        (6) The State Board of Education shall report to the
13    General Assembly by November 1, 2018 and every 2 years
14    thereafter on the results and progress of students who
15    were enrolled in preschool educational programs, including
16    an assessment of which programs have been most successful
17    in promoting academic excellence and alleviating academic
18    failure. The State Board of Education shall assess the
19    academic progress of all students who have been enrolled
20    in preschool educational programs.
21        On or before November 1 of each fiscal year in which
22    the General Assembly provides funding for new programs
23    under paragraph (4.5) of this Section, the State Board of
24    Education shall report to the General Assembly on what
25    percentage of new funding was provided to programs serving
26    primarily at-risk children, what percentage of new funding



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1    was provided to programs serving primarily children with a
2    family income of less than 4 times the federal poverty
3    level, and what percentage of new funding was provided to
4    other programs.
5        (7) Due to evidence that expulsion practices in the
6    preschool years are linked to poor child outcomes and are
7    employed inconsistently across racial and gender groups,
8    early childhood programs receiving State funds under this
9    subsection (a) shall prohibit expulsions. Planned
10    transitions to settings that are able to better meet a
11    child's needs are not considered expulsion under this
12    paragraph (7).
13            (A) When persistent and serious challenging
14        behaviors emerge, the early childhood program shall
15        document steps taken to ensure that the child can
16        participate safely in the program; including
17        observations of initial and ongoing challenging
18        behaviors, strategies for remediation and intervention
19        plans to address the behaviors, and communication with
20        the parent or legal guardian, including participation
21        of the parent or legal guardian in planning and
22        decision-making.
23            (B) The early childhood program shall, with
24        parental or legal guardian consent as required,
25        utilize a range of community resources, if available
26        and deemed necessary, including, but not limited to,



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1        developmental screenings, referrals to programs and
2        services administered by a local educational agency or
3        early intervention agency under Parts B and C of the
4        federal Individual with Disabilities Education Act,
5        and consultation with infant and early childhood
6        mental health consultants and the child's health care
7        provider. The program shall document attempts to
8        engage these resources, including parent or legal
9        guardian participation and consent attempted and
10        obtained. Communication with the parent or legal
11        guardian shall take place in a culturally and
12        linguistically competent manner.
13            (C) If there is documented evidence that all
14        available interventions and supports recommended by a
15        qualified professional have been exhausted and the
16        program determines in its professional judgment that
17        transitioning a child to another program is necessary
18        for the well-being of the child or his or her peers and
19        staff, with parent or legal guardian permission, both
20        the current and pending programs shall create a
21        transition plan designed to ensure continuity of
22        services and the comprehensive development of the
23        child. Communication with families shall occur in a
24        culturally and linguistically competent manner.
25            (D) Nothing in this paragraph (7) shall preclude a
26        parent's or legal guardian's right to voluntarily



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1        withdraw his or her child from an early childhood
2        program. Early childhood programs shall request and
3        keep on file, when received, a written statement from
4        the parent or legal guardian stating the reason for
5        his or her decision to withdraw his or her child.
6            (E) In the case of the determination of a serious
7        safety threat to a child or others or in the case of
8        behaviors listed in subsection (d) of Section 10-22.6
9        of this Code, the temporary removal of a child from
10        attendance in group settings may be used. Temporary
11        removal of a child from attendance in a group setting
12        shall trigger the process detailed in subparagraphs
13        (A), (B), and (C) of this paragraph (7), with the child
14        placed back in a group setting as quickly as possible.
15            (F) Early childhood programs may utilize and the
16        State Board of Education, the Department of Human
17        Services, and the Department of Children and Family
18        Services shall recommend training, technical support,
19        and professional development resources to improve the
20        ability of teachers, administrators, program
21        directors, and other staff to promote social-emotional
22        development and behavioral health, to address
23        challenging behaviors, and to understand trauma and
24        trauma-informed care, cultural competence, family
25        engagement with diverse populations, the impact of
26        implicit bias on adult behavior, and the use of



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1        reflective practice techniques. Support shall include
2        the availability of resources to contract with infant
3        and early childhood mental health consultants.
4            (G) Beginning on July 1, 2018, early childhood
5        programs shall annually report to the State Board of
6        Education, and, beginning in fiscal year 2020, the
7        State Board of Education shall make available on a
8        biennial basis, in an existing report, all of the
9        following data for children from birth to age 5 who are
10        served by the program:
11                (i) Total number served over the course of the
12            program year and the total number of children who
13            left the program during the program year.
14                (ii) Number of planned transitions to another
15            program due to children's behavior, by children's
16            race, gender, disability, language, class/group
17            size, teacher-child ratio, and length of program
18            day.
19                (iii) Number of temporary removals of a child
20            from attendance in group settings due to a serious
21            safety threat under subparagraph (E) of this
22            paragraph (7), by children's race, gender,
23            disability, language, class/group size,
24            teacher-child ratio, and length of program day.
25                (iv) Hours of infant and early childhood
26            mental health consultant contact with program



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1            leaders, staff, and families over the program
2            year.
3            (H) Changes to services for children with an
4        individualized education program or individual family
5        service plan shall be construed in a manner consistent
6        with the federal Individuals with Disabilities
7        Education Act.
8        The State Board of Education, in consultation with the
9    Governor's Office of Early Childhood Development and the
10    Department of Children and Family Services, shall adopt
11    rules to administer this paragraph (7).
12    (b) (Blank).
13    (c) Notwithstanding any other provisions of this Section,
14grantees may serve children ages 0 to 12 of essential workers
15if the Governor has declared a disaster due to a public health
16emergency pursuant to Section 7 of the Illinois Emergency
17Management Agency Act. For the purposes of this subsection,
18essential workers include those outlined in Executive Order
1920-8 and school employees. The State Board of Education shall
20adopt rules to administer this subsection.
21(Source: P.A. 100-105, eff. 1-1-18; 100-645, eff. 7-27-18;
22101-643, eff. 6-18-20.)
23    (105 ILCS 5/10-20.12a)  (from Ch. 122, par. 10-20.12a)
24    Sec. 10-20.12a. Tuition for non-resident pupils.
25    (a) To charge non-resident pupils who attend the schools



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1of the district tuition in an amount not exceeding 110% of the
2per capita cost of maintaining the schools of the district for
3the preceding school year.
4    Such per capita cost shall be computed by dividing the
5total cost of conducting and maintaining the schools of the
6district by the average daily attendance, including tuition
7pupils. Depreciation on the buildings and equipment of the
8schools of the district, and the amount of annual depreciation
9on such buildings and equipment shall be dependent upon the
10useful life of such property.
11    The tuition charged shall in no case exceed 110% of the per
12capita cost of conducting and maintaining the schools of the
13district attended, as determined with reference to the most
14recent audit prepared under Section 3-7 which is available at
15the commencement of the current school year. Non-resident
16pupils attending the schools of the district for less than the
17school term shall have their tuition apportioned, however
18pupils who become non-resident during a school term shall not
19be charged tuition for the remainder of the school term in
20which they became non-resident pupils.
21    Notwithstanding the other provisions of this Section, a
22school district may adopt a policy to waive tuition costs for a
23non-resident pupil if the pupil is a child of a district
24employee. For purposes of this paragraph, "child" means a
25district employee's child who is a biological child, adopted
26child, foster child, stepchild, or child for which the



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1employee serves as a legal guardian.
2    (b) Unless otherwise agreed to by the parties involved and
3where the educational services are not otherwise provided for,
4educational services for an Illinois student under the age of
521 (and not eligible for services pursuant to Article 14 of
6this Code) in any residential program shall be provided by the
7district in which the facility is located and financed as
8follows. The cost of educational services shall be paid by the
9district in which the student resides in an amount equal to the
10cost of providing educational services in the residential
11facility. Payments shall be made by the district of the
12student's residence and shall be made to the district wherein
13the facility is located no less than once per month unless
14otherwise agreed to by the parties.
15    The funding provision of this subsection (b) applies to
16all Illinois students under the age of 21 (and not eligible for
17services pursuant to Article 14 of this Code) receiving
18educational services in residential facilities, irrespective
19of whether the student was placed therein pursuant to this
20Code or the Juvenile Court Act of 1987 or by an Illinois public
21agency or a court. The changes to this subsection (b) made by
22this amendatory Act of the 95th General Assembly apply to all
23placements in effect on July 1, 2007 and all placements
24thereafter. For purposes of this subsection (b), a student's
25district of residence shall be determined in accordance with
26subsection (a) of Section 10-20.12b of this Code. The



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1placement of a student in a residential facility shall not
2affect the residency of the student. When a dispute arises
3over the determination of the district of residence under this
4subsection (b), any person or entity, including without
5limitation a school district or residential facility, may make
6a written request for a residency decision to the State
7Superintendent of Education, who, upon review of materials
8submitted and any other items or information he or she may
9request for submission, shall issue his or her decision in
10writing. The decision of the State Superintendent of Education
11is final.
12(Source: P.A. 95-844, eff. 8-15-08; 95-938, eff. 8-29-08.)
13    (105 ILCS 5/10-20.67)
14    (Section scheduled to be repealed on July 1, 2023)
15    Sec. 10-20.67. Short-term substitute teacher training.
16    (a) Each school board shall, in collaboration with its
17teachers or, if applicable, the exclusive bargaining
18representative of its teachers, jointly develop a short-term
19substitute teacher training program that provides individuals
20who hold a Short-Term Substitute Teaching License under
21Section 21B-20 of this Code with information on curriculum,
22classroom management techniques, school safety, and district
23and building operations. The State Board of Education may
24develop a model short-term substitute teacher training program
25for use by a school board under this subsection (a) if the



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1school board and its teachers or, if applicable, the exclusive
2bargaining representative of its teachers agree to use the
3State Board's model. A school board with a substitute teacher
4training program in place before July 1, 2018 (the effective
5date of Public Act 100-596) may utilize that program to
6satisfy the requirements of this subsection (a).
7    (b) Nothing in this Section prohibits a school board from
8offering substitute training to substitute teachers licensed
9under paragraph (3) of Section 21B-20 of this Code or to
10substitute teachers holding a Professional Educator License.
11    (c) This Section is repealed on July 1, 2028 2023.
12(Source: P.A. 100-596, eff. 7-1-18; 101-81, eff. 7-12-19.)
13    (105 ILCS 5/21B-20)
14    Sec. 21B-20. Types of licenses. The State Board of
15Education shall implement a system of educator licensure,
16whereby individuals employed in school districts who are
17required to be licensed must have one of the following
18licenses: (i) a professional educator license; (ii) an
19educator license with stipulations; (iii) a substitute
20teaching license; or (iv) until June 30, 2028 2023, a
21short-term substitute teaching license. References in law
22regarding individuals certified or certificated or required to
23be certified or certificated under Article 21 of this Code
24shall also include individuals licensed or required to be
25licensed under this Article. The first year of all licenses



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1ends on June 30 following one full year of the license being
3    The State Board of Education, in consultation with the
4State Educator Preparation and Licensure Board, may adopt such
5rules as may be necessary to govern the requirements for
6licenses and endorsements under this Section.
7        (1) Professional Educator License. Persons who (i)
8    have successfully completed an approved educator
9    preparation program and are recommended for licensure by
10    the Illinois institution offering the educator preparation
11    program, (ii) have successfully completed the required
12    testing under Section 21B-30 of this Code, (iii) have
13    successfully completed coursework on the psychology of,
14    the identification of, and the methods of instruction for
15    the exceptional child, including without limitation
16    children with learning disabilities, (iv) have
17    successfully completed coursework in methods of reading
18    and reading in the content area, and (v) have met all other
19    criteria established by rule of the State Board of
20    Education shall be issued a Professional Educator License.
21    All Professional Educator Licenses are valid until June 30
22    immediately following 5 years of the license being issued.
23    The Professional Educator License shall be endorsed with
24    specific areas and grade levels in which the individual is
25    eligible to practice. For an early childhood education
26    endorsement, an individual may satisfy the student



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1    teaching requirement of his or her early childhood teacher
2    preparation program through placement in a setting with
3    children from birth through grade 2, and the individual
4    may be paid and receive credit while student teaching. The
5    student teaching experience must meet the requirements of
6    and be approved by the individual's early childhood
7    teacher preparation program.
8        Individuals can receive subsequent endorsements on the
9    Professional Educator License. Subsequent endorsements
10    shall require a minimum of 24 semester hours of coursework
11    in the endorsement area and passage of the applicable
12    content area test, unless otherwise specified by rule.
13        (2) Educator License with Stipulations. An Educator
14    License with Stipulations shall be issued an endorsement
15    that limits the license holder to one particular position
16    or does not require completion of an approved educator
17    program or both.
18        An individual with an Educator License with
19    Stipulations must not be employed by a school district or
20    any other entity to replace any presently employed teacher
21    who otherwise would not be replaced for any reason.
22        An Educator License with Stipulations may be issued
23    with the following endorsements:
24            (A) (Blank).
25            (B) Alternative provisional educator. An
26        alternative provisional educator endorsement on an



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



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1            degree in a management field other than education.
2                (ii) Been employed for a period of at least 5
3            years in a management level position in a field
4            other than education.
5                (iii) Successfully completed the first phase
6            of an alternative route to superintendent
7            endorsement program, as provided in Section 21B-55
8            of this Code.
9                (iv) Passed a content area test required under
10            Section 21B-30 of this Code.
11            The endorsement is valid for 2 fiscal years in
12        order to complete one full year of serving as a
13        superintendent or assistant superintendent.
14            (D) (Blank).
15            (E) Career and technical educator. A career and
16        technical educator endorsement on an Educator License
17        with Stipulations may be issued to an applicant who
18        has a minimum of 60 semester hours of coursework from a
19        regionally accredited institution of higher education
20        or an accredited trade and technical institution and
21        has a minimum of 2,000 hours of experience outside of
22        education in each area to be taught.
23            The career and technical educator endorsement on
24        an Educator License with Stipulations is valid until
25        June 30 immediately following 5 years of the
26        endorsement being issued and may be renewed.



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1            An individual who holds a valid career and
2        technical educator endorsement on an Educator License
3        with Stipulations but does not hold a bachelor's
4        degree may substitute teach in career and technical
5        education classrooms.
6            (F) (Blank).
7            (G) Transitional bilingual educator. A
8        transitional bilingual educator endorsement on an
9        Educator License with Stipulations may be issued for
10        the purpose of providing instruction in accordance
11        with Article 14C of this Code to an applicant who
12        provides satisfactory evidence that he or she meets
13        all of the following requirements:
14                (i) Possesses adequate speaking, reading, and
15            writing ability in the language other than English
16            in which transitional bilingual education is
17            offered.
18                (ii) Has the ability to successfully
19            communicate in English.
20                (iii) Either possessed, within 5 years
21            previous to his or her applying for a transitional
22            bilingual educator endorsement, a valid and
23            comparable teaching certificate or comparable
24            authorization issued by a foreign country or holds
25            a degree from an institution of higher learning in
26            a 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            A transitional bilingual educator endorsement
6        shall be valid for prekindergarten through grade 12,
7        is valid until June 30 immediately following 5 years
8        of the endorsement being issued, and shall not be
9        renewed.
10            Persons holding a transitional bilingual educator
11        endorsement shall not be employed to replace any
12        presently employed teacher who otherwise would not be
13        replaced for any reason.
14            (H) Language endorsement. In an effort to
15        alleviate the shortage of teachers speaking a language
16        other than English in the public schools, an
17        individual who holds an Educator License with
18        Stipulations may also apply for a language
19        endorsement, provided that the applicant provides
20        satisfactory evidence that he or she meets all of the
21        following requirements:
22                (i) Holds a transitional bilingual
23            endorsement.
24                (ii) Has demonstrated proficiency in the
25            language for which the endorsement is to be issued
26            by passing the applicable language content test



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1            required by the State Board of Education.
2                (iii) Holds a bachelor's degree or higher from
3            a regionally accredited institution of higher
4            education or, for individuals educated in a
5            country other than the United States, holds a
6            degree from an institution of higher learning in a
7            foreign country that the State Educator
8            Preparation and Licensure Board determines to be
9            the equivalent of a bachelor's degree from a
10            regionally accredited institution of higher
11            learning in the United States.
12                (iv) (Blank).
13            A language endorsement on an Educator License with
14        Stipulations is valid for prekindergarten through
15        grade 12 for the same validity period as the
16        individual's transitional bilingual educator
17        endorsement on the Educator License with Stipulations
18        and shall not be renewed.
19            (I) Visiting international educator. A visiting
20        international educator endorsement on an Educator
21        License with Stipulations may be issued to an
22        individual who is being recruited by a particular
23        school district that conducts formal recruitment
24        programs outside of the United States to secure the
25        services of qualified teachers and who meets all of
26        the following requirements:



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1                (i) Holds the equivalent of a minimum of a
2            bachelor's degree issued in the United States.
3                (ii) Has been prepared as a teacher at the
4            grade level for which he or she will be employed.
5                (iii) Has adequate content knowledge in the
6            subject to be taught.
7                (iv) Has an adequate command of the English
8            language.
9            A holder of a visiting international educator
10        endorsement on an Educator License with Stipulations
11        shall be permitted to teach in bilingual education
12        programs in the language that was the medium of
13        instruction in his or her teacher preparation program,
14        provided that he or she passes the English Language
15        Proficiency Examination or another test of writing
16        skills in English identified by the State Board of
17        Education, in consultation with the State Educator
18        Preparation and Licensure Board.
19            A visiting international educator endorsement on
20        an Educator License with Stipulations is valid for 5
21        years and shall not be renewed.
22            (J) Paraprofessional educator. A paraprofessional
23        educator endorsement on an Educator License with
24        Stipulations may be issued to an applicant who holds a
25        high school diploma or its recognized equivalent and
26        (i) holds an associate's degree or a minimum of 60



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1        semester hours of credit from a regionally accredited
2        institution of higher education; (ii) has passed a
3        paraprofessional competency test under subsection
4        (c-5) of Section 21B-30; or (iii) is at least 18 years
5        of age and will be using the Educator License with
6        Stipulations exclusively for grades prekindergarten
7        through grade 8, until the individual reaches the age
8        of 19 years and otherwise meets the criteria for a
9        paraprofessional educator endorsement pursuant to this
10        subparagraph (J). The paraprofessional educator
11        endorsement is valid until June 30 immediately
12        following 5 years of the endorsement being issued and
13        may be renewed through application and payment of the
14        appropriate fee, as required under Section 21B-40 of
15        this Code. An individual who holds only a
16        paraprofessional educator endorsement is not subject
17        to additional requirements in order to renew the
18        endorsement.
19            (K) Chief school business official. A chief school
20        business official endorsement on an Educator License
21        with Stipulations may be issued to an applicant who
22        qualifies by having a master's degree or higher, 2
23        years of full-time administrative experience in school
24        business management or 2 years of university-approved
25        practical experience, and a minimum of 24 semester
26        hours of graduate credit in a program approved by the



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



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1            The State Board of Education shall adopt any rules
2        necessary to implement Public Act 100-288.
3            (L) Provisional in-state educator. A provisional
4        in-state educator endorsement on an Educator License
5        with Stipulations may be issued to a candidate who has
6        completed an Illinois-approved educator preparation
7        program at an Illinois institution of higher education
8        and who has not successfully completed an
9        evidence-based assessment of teacher effectiveness but
10        who meets all of the following requirements:
11                (i) Holds at least a bachelor's degree.
12                (ii) Has completed an approved educator
13            preparation program at an Illinois institution.
14                (iii) Has passed an applicable content area
15            test, as required by Section 21B-30 of this Code.
16                (iv) Has attempted an evidence-based
17            assessment of teacher effectiveness and received a
18            minimum score on that assessment, as established
19            by the State Board of Education in consultation
20            with the State Educator Preparation and Licensure
21            Board.
22            A provisional in-state educator endorsement on an
23        Educator License with Stipulations is valid for one
24        full fiscal year after the date of issuance and may not
25        be renewed.
26            (M) (Blank).



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1            (N) Specialized services. A specialized services
2        endorsement on an Educator License with Stipulations
3        may be issued as defined and specified by rule.
4        (3) Substitute Teaching License. A Substitute Teaching
5    License may be issued to qualified applicants for
6    substitute teaching in all grades of the public schools,
7    prekindergarten through grade 12. Substitute Teaching
8    Licenses are not eligible for endorsements. Applicants for
9    a Substitute Teaching License must hold a bachelor's
10    degree or higher from a regionally accredited institution
11    of higher education or must be enrolled in an approved
12    educator preparation program in this State and have earned
13    at least 90 credit hours.
14        Substitute Teaching Licenses are valid for 5 years.
15        Substitute Teaching Licenses are valid for substitute
16    teaching in every county of this State. If an individual
17    has had his or her Professional Educator License or
18    Educator License with Stipulations suspended or revoked,
19    then that individual is not eligible to obtain a
20    Substitute Teaching License.
21        A substitute teacher may only teach in the place of a
22    licensed teacher who is under contract with the employing
23    board. If, however, there is no licensed teacher under
24    contract because of an emergency situation, then a
25    district may employ a substitute teacher for no longer
26    than 30 calendar days per each vacant position in the



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1    district if the district notifies the appropriate regional
2    office of education within 5 business days after the
3    employment of the substitute teacher in the emergency
4    situation. An emergency situation is one in which an
5    unforeseen vacancy has occurred and (i) a teacher is
6    unable to fulfill his or her contractual duties or (ii)
7    teacher capacity needs of the district exceed previous
8    indications, and the district is actively engaged in
9    advertising to hire a fully licensed teacher for the
10    vacant position.
11        There is no limit on the number of days that a
12    substitute teacher may teach in a single school district,
13    provided that no substitute teacher may teach for longer
14    than 120 days beginning with the 2021-2022 school year
15    through the 2022-2023 school year, otherwise 90 school
16    days for any one licensed teacher under contract in the
17    same school year. A substitute teacher who holds a
18    Professional Educator License or Educator License with
19    Stipulations shall not teach for more than 120 school days
20    for any one licensed teacher under contract in the same
21    school year. The limitations in this paragraph (3) on the
22    number of days a substitute teacher may be employed do not
23    apply to any school district operating under Article 34 of
24    this Code.
25        A school district may not require an individual who
26    holds a valid Professional Educator License or Educator



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1    License with Stipulations to seek or hold a Substitute
2    Teaching License to teach as a substitute teacher.
3        (4) Short-Term Substitute Teaching License. Beginning
4    on July 1, 2018 and until June 30, 2028 2023, applicants
5    may apply to the State Board of Education for issuance of
6    may issue a Short-Term Substitute Teaching License. A
7    Short-Term Substitute Teaching License may be issued to a
8    qualified applicant for substitute teaching in all grades
9    of the public schools, prekindergarten through grade 12.
10    Short-Term Substitute Teaching Licenses are not eligible
11    for endorsements. Applicants for a Short-Term Substitute
12    Teaching License must hold an associate's degree or have
13    completed at least 60 credit hours from a regionally
14    accredited institution of higher education.
15        Short-Term Substitute Teaching Licenses are valid for
16    substitute teaching in every county of this State. If an
17    individual has had his or her Professional Educator
18    License or Educator License with Stipulations suspended or
19    revoked, then that individual is not eligible to obtain a
20    Short-Term Substitute Teaching License.
21        The provisions of Sections 10-21.9 and 34-18.5 of this
22    Code apply to short-term substitute teachers.
23        An individual holding a Short-Term Substitute Teaching
24    License may teach no more than 15 consecutive days per
25    licensed teacher who is under contract. For teacher
26    absences lasting 6 or more days per licensed teacher who



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1    is under contract, a school district may not hire an
2    individual holding a Short-Term Substitute Teaching
3    License, unless the Governor has declared a disaster due
4    to a public health emergency pursuant to Section 7 of the
5    Illinois Emergency Management Agency Act. An individual
6    holding a Short-Term Substitute Teaching License must
7    complete the training program under Section 10-20.67 or
8    34-18.60 of this Code to be eligible to teach at a public
9    school. Short-Term Substitute Teaching Licenses under this
10    Section are valid for 5 years. This paragraph (4) is
11    inoperative on and after July 1, 2028 2023.
12(Source: P.A. 101-81, eff. 7-12-19; 101-220, eff. 8-7-19;
13101-594, eff. 12-5-19; 101-643, eff. 6-18-20; 102-711, eff.
141-1-23; 102-712, eff. 4-27-22; 102-713, eff. 1-1-23; 102-717,
15eff. 4-29-22; 102-894, eff. 5-20-22; revised 12-13-22.)
16    (105 ILCS 5/21B-50)
17    Sec. 21B-50. Alternative Educator Licensure Program.
18    (a) There is established an alternative educator licensure
19program, to be known as the Alternative Educator Licensure
20Program for Teachers.
21    (b) The Alternative Educator Licensure Program for
22Teachers may be offered by a recognized institution approved
23to offer educator preparation programs by the State Board of
24Education, in consultation with the State Educator Preparation
25and Licensure Board.



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1    The program shall be comprised of up to 3 4 phases:
2        (1) A course of study that at a minimum includes
3    instructional planning; instructional strategies,
4    including special education, reading, and English language
5    learning; classroom management; and the assessment of
6    students and use of data to drive instruction.
7        (2) A year of residency, which is a candidate's
8    assignment to a full-time teaching position or as a
9    co-teacher for one full school year. An individual must
10    hold an Educator License with Stipulations with an
11    alternative provisional educator endorsement in order to
12    enter the residency. In residency, the candidate must be
13    assigned an effective, fully licensed teacher by the
14    principal or principal equivalent to act as a mentor and
15    coach the candidate through residency, and must complete
16    additional program requirements that address required
17    State and national standards, pass the State Board's
18    teacher performance assessment no later than the end of
19    the first semester of the second year of residency, as
20    required under phase (3) of this subsection (b), and be
21    recommended by the principal or qualified equivalent of a
22    principal, as required under subsection (d) of this
23    Section, and the program coordinator to be recommended for
24    full licensure or to continue with a the second year of the
25    residency.
26        (3) (Blank). A second year of residency, which shall



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1    include the candidate's assignment to a full-time teaching
2    position for one school year. The candidate must be
3    assigned an experienced teacher to act as a mentor and
4    coach the candidate through the second year of residency.
5        (4) A comprehensive assessment of the candidate's
6    teaching effectiveness, as evaluated by the principal or
7    qualified equivalent of a principal, as required under
8    subsection (d) of this Section, and the program
9    coordinator, at the end of either the first or the second
10    year of residency. If there is disagreement between the 2
11    evaluators about the candidate's teaching effectiveness at
12    the end of the first year of residency, a second year of
13    residency shall be required. If there is disagreement
14    between the 2 evaluators at the end of the second year of
15    residency, the candidate may complete one additional year
16    of residency teaching under a professional development
17    plan developed by the principal or qualified equivalent
18    and the preparation program. At the completion of the
19    third year, a candidate must have positive evaluations and
20    a recommendation for full licensure from both the
21    principal or qualified equivalent and the program
22    coordinator or no Professional Educator License shall be
23    issued.
24    Successful completion of the program shall be deemed to
25satisfy any other practice or student teaching and content
26matter requirements established by law.



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1    (c) An alternative provisional educator endorsement on an
2Educator License with Stipulations is valid for up to 2 years
3of teaching in the public schools, including without
4limitation a preschool educational program under Section
52-3.71 of this Code or charter school, or in a
6State-recognized nonpublic school in which the chief
7administrator is required to have the licensure necessary to
8be a principal in a public school in this State and in which a
9majority of the teachers are required to have the licensure
10necessary to be instructors in a public school in this State,
11but may be renewed for a third year if needed to complete the
12Alternative Educator Licensure Program for Teachers. The
13endorsement shall be issued only once to an individual who
14meets all of the following requirements:
15        (1) Has graduated from a regionally accredited college
16    or university with a bachelor's degree or higher.
17        (2) (Blank).
18        (3) Has completed a major in the content area if
19    seeking a middle or secondary level endorsement or, if
20    seeking an early childhood, elementary, or special
21    education endorsement, has completed a major in the
22    content area of early childhood reading, English/language
23    arts, mathematics, or one of the sciences. If the
24    individual does not have a major in a content area for any
25    level of teaching, he or she must submit transcripts to
26    the State Board of Education to be reviewed for



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1    equivalency.
2        (4) Has successfully completed phase (1) of subsection
3    (b) of this Section.
4        (5) Has passed a content area test required for the
5    specific endorsement for admission into the program, as
6    required under Section 21B-30 of this Code.
7    A candidate possessing the alternative provisional
8educator endorsement may receive a salary, benefits, and any
9other terms of employment offered to teachers in the school
10who are members of an exclusive bargaining representative, if
11any, but a school is not required to provide these benefits
12during the years of residency if the candidate is serving only
13as a co-teacher. If the candidate is serving as the teacher of
14record, the candidate must receive a salary, benefits, and any
15other terms of employment. Residency experiences must not be
16counted towards tenure.
17    (d) The recognized institution offering the Alternative
18Educator Licensure Program for Teachers must partner with a
19school district, including without limitation a preschool
20educational program under Section 2-3.71 of this Code or
21charter school, or a State-recognized, nonpublic school in
22this State in which the chief administrator is required to
23have the licensure necessary to be a principal in a public
24school in this State and in which a majority of the teachers
25are required to have the licensure necessary to be instructors
26in a public school in this State. A recognized institution



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1that partners with a public school district administering a
2preschool educational program under Section 2-3.71 of this
3Code must require a principal to recommend or evaluate
4candidates in the program. A recognized institution that
5partners with an eligible entity administering a preschool
6educational program under Section 2-3.71 of this Code and that
7is not a public school district must require a principal or
8qualified equivalent of a principal to recommend or evaluate
9candidates in the program. The program presented for approval
10by the State Board of Education must demonstrate the supports
11that are to be provided to assist the provisional teacher
12during the one-year or 2-year residency period and if the
13residency period is to be less than 2 years in length,
14assurances from the partner school districts to provide
15intensive mentoring and supports through at least the end of
16the second full year of teaching for educators who completed
17the Alternative Educators Licensure Program in less than 2
18years. These supports must, at a minimum, provide additional
19contact hours with mentors during the first year of residency.
20    (e) Upon completion of the 4 phases under paragraphs (1),
21(2), (4), and, if needed, (3) outlined in subsection (b) of
22this Section and all assessments required under Section 21B-30
23of this Code, an individual shall receive a Professional
24Educator License.
25    (f) The State Board of Education, in consultation with the
26State Educator Preparation and Licensure Board, may adopt such



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1rules as may be necessary to establish and implement the
2Alternative Educator Licensure Program for Teachers.
3(Source: P.A. 100-596, eff. 7-1-18; 100-822, eff. 1-1-19;
4101-220, eff. 8-7-19; 101-570, eff. 8-23-19; 101-643, eff.
56-18-20; 101-654, eff. 3-8-21.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".