Full Text of HB4173 103rd General Assembly
HB4173ham001 103RD GENERAL ASSEMBLY | Rep. Jed Davis Filed: 2/20/2024 | | 10300HB4173ham001 | | LRB103 33387 RJT 69736 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4173
| 2 | | AMENDMENT NO. ______. Amend House Bill 4173 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 2-3.25g and 21B-20 as follows: | 6 | | (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g) | 7 | | Sec. 2-3.25g. Waiver or modification of mandates within | 8 | | the School Code and administrative rules and regulations. | 9 | | (a) In this Section: | 10 | | "Board" means a school board or the governing board or | 11 | | administrative district, as the case may be, for a joint | 12 | | agreement. | 13 | | "Eligible applicant" means a school district, joint | 14 | | agreement made up of school districts, or regional | 15 | | superintendent of schools on behalf of schools and | 16 | | programs operated by the regional office of education. |
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| 1 | | "Implementation date" has the meaning set forth in | 2 | | Section 24A-2.5 of this Code. | 3 | | "State Board" means the State Board of Education. | 4 | | (b) Notwithstanding any other provisions of this School | 5 | | Code or any other law of this State to the contrary, eligible | 6 | | applicants may petition the State Board of Education for the | 7 | | waiver or modification of the mandates of this School Code or | 8 | | of the administrative rules and regulations promulgated by the | 9 | | State Board of Education. Waivers or modifications of | 10 | | administrative rules and regulations and modifications of | 11 | | mandates of this School Code may be requested when an eligible | 12 | | applicant demonstrates that it can address the intent of the | 13 | | rule or mandate in a more effective, efficient, or economical | 14 | | manner or when necessary to stimulate innovation or improve | 15 | | student performance. Waivers of mandates of the School Code | 16 | | may be requested when the waivers are necessary to stimulate | 17 | | innovation or improve student performance or when the | 18 | | applicant demonstrates that it can address the intent of the | 19 | | mandate of the School Code in a more effective, efficient, or | 20 | | economical manner. | 21 | | Waivers may not be requested from laws, rules, and | 22 | | regulations pertaining to special education, teacher educator | 23 | | licensure, teacher tenure and seniority, or Section 5-2.1 of | 24 | | this Code or from compliance with the Every Student Succeeds | 25 | | Act (Public Law 114-95). Eligible applicants may not seek a | 26 | | waiver or seek a modification of a mandate regarding the |
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| 1 | | requirements for (i) student performance data to be a | 2 | | significant factor in teacher or principal evaluations or (ii) | 3 | | teachers and principals to be rated using the 4 categories of | 4 | | "excellent", "proficient", "needs improvement", or | 5 | | "unsatisfactory". On September 1, 2014, any previously | 6 | | authorized waiver or modification from such requirements shall | 7 | | terminate. A waiver pertaining to teacher educator licensure | 8 | | may be granted only if there is a demonstrable desire of both | 9 | | local businesses and trade unions or associations or other | 10 | | organizations serving as representatives for tradespeople to | 11 | | partner with an eligible applicant for trade education | 12 | | courses, including, but not limited to, courses in any of the | 13 | | following, and a demonstrable desire of students to have such | 14 | | a partnership: | 15 | | (1) Manufacturing. | 16 | | (2) Fabrication. | 17 | | (3) Welding. | 18 | | (4) Vehicle mechanics. | 19 | | (5) Carpentry. | 20 | | (6) Masonry. | 21 | | (7) Plumbing. | 22 | | (8) Electrical work. | 23 | | (c) Eligible applicants, as a matter of inherent | 24 | | managerial policy, and any Independent Authority established | 25 | | under Section 2-3.25f-5 of this Code may submit an application | 26 | | for a waiver or modification authorized under this Section. |
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| 1 | | Each application must include a written request by the | 2 | | eligible applicant or Independent Authority and must | 3 | | demonstrate that the intent of the mandate can be addressed in | 4 | | a more effective, efficient, or economical manner or be based | 5 | | upon a specific plan for improved student performance and | 6 | | school improvement. Any eligible applicant requesting a waiver | 7 | | or modification for the reason that intent of the mandate can | 8 | | be addressed in a more economical manner shall include in the | 9 | | application a fiscal analysis showing current expenditures on | 10 | | the mandate and projected savings resulting from the waiver or | 11 | | modification. Applications and plans developed by eligible | 12 | | applicants must be approved by the board or regional | 13 | | superintendent of schools applying on behalf of schools or | 14 | | programs operated by the regional office of education | 15 | | following a public hearing on the application and plan and the | 16 | | opportunity for the board or regional superintendent to hear | 17 | | testimony from staff directly involved in its implementation, | 18 | | parents, and students. The time period for such testimony | 19 | | shall be separate from the time period established by the | 20 | | eligible applicant for public comment on other matters. | 21 | | (c-5) If the applicant is a school district, then the | 22 | | district shall post information that sets forth the time, | 23 | | date, place, and general subject matter of the public hearing | 24 | | on its Internet website at least 14 days prior to the hearing. | 25 | | If the district is requesting to increase the fee charged for | 26 | | driver education authorized pursuant to Section 27-24.2 of |
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| 1 | | this Code, the website information shall include the proposed | 2 | | amount of the fee the district will request. All school | 3 | | districts must publish a notice of the public hearing at least | 4 | | 7 days prior to the hearing in a newspaper of general | 5 | | circulation within the school district that sets forth the | 6 | | time, date, place, and general subject matter of the hearing. | 7 | | Districts requesting to increase the fee charged for driver | 8 | | education shall include in the published notice the proposed | 9 | | amount of the fee the district will request. If the applicant | 10 | | is a joint agreement or regional superintendent, then the | 11 | | joint agreement or regional superintendent shall post | 12 | | information that sets forth the time, date, place, and general | 13 | | subject matter of the public hearing on its Internet website | 14 | | at least 14 days prior to the hearing. If the joint agreement | 15 | | or regional superintendent is requesting to increase the fee | 16 | | charged for driver education authorized pursuant to Section | 17 | | 27-24.2 of this Code, the website information shall include | 18 | | the proposed amount of the fee the applicant will request. All | 19 | | joint agreements and regional superintendents must publish a | 20 | | notice of the public hearing at least 7 days prior to the | 21 | | hearing in a newspaper of general circulation in each school | 22 | | district that is a member of the joint agreement or that is | 23 | | served by the educational service region that sets forth the | 24 | | time, date, place, and general subject matter of the hearing, | 25 | | provided that a notice appearing in a newspaper generally | 26 | | circulated in more than one school district shall be deemed to |
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| 1 | | fulfill this requirement with respect to all of the affected | 2 | | districts. Joint agreements or regional superintendents | 3 | | requesting to increase the fee charged for driver education | 4 | | shall include in the published notice the proposed amount of | 5 | | the fee the applicant will request. The eligible applicant | 6 | | must notify either electronically or in writing the affected | 7 | | exclusive collective bargaining agent and those State | 8 | | legislators representing the eligible applicant's territory of | 9 | | its intent to seek approval of a waiver or modification and of | 10 | | the hearing to be held to take testimony from staff. The | 11 | | affected exclusive collective bargaining agents shall be | 12 | | notified of such public hearing at least 7 days prior to the | 13 | | date of the hearing and shall be allowed to attend such public | 14 | | hearing. The eligible applicant shall attest to compliance | 15 | | with all of the notification and procedural requirements set | 16 | | forth in this Section. | 17 | | (d) A request for a waiver or modification of | 18 | | administrative rules and regulations or for a modification of | 19 | | mandates contained in this School Code shall be submitted to | 20 | | the State Board of Education within 15 days after approval by | 21 | | the board or regional superintendent of schools. The | 22 | | application as submitted to the State Board of Education shall | 23 | | include a description of the public hearing. Following receipt | 24 | | of the waiver or modification request, the State Board shall | 25 | | have 45 days to review the application and request. If the | 26 | | State Board fails to disapprove the application within that |
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| 1 | | 45-day period, the waiver or modification shall be deemed | 2 | | granted. The State Board may disapprove any request if it is | 3 | | not based upon sound educational practices, endangers the | 4 | | health or safety of students or staff, compromises equal | 5 | | opportunities for learning, or fails to demonstrate that the | 6 | | intent of the rule or mandate can be addressed in a more | 7 | | effective, efficient, or economical manner or have improved | 8 | | student performance as a primary goal. Any request disapproved | 9 | | by the State Board may be appealed to the General Assembly by | 10 | | the eligible applicant as outlined in this Section. | 11 | | A request for a waiver from mandates contained in this | 12 | | School Code shall be submitted to the State Board within 15 | 13 | | days after approval by the board or regional superintendent of | 14 | | schools. The application as submitted to the State Board of | 15 | | Education shall include a description of the public hearing. | 16 | | The description shall include, but need not be limited to, the | 17 | | means of notice, the number of people in attendance, the | 18 | | number of people who spoke as proponents or opponents of the | 19 | | waiver, a brief description of their comments, and whether | 20 | | there were any written statements submitted. The State Board | 21 | | shall review the applications and requests for completeness | 22 | | and shall compile the requests in reports to be filed with the | 23 | | General Assembly. The State Board shall file reports outlining | 24 | | the waivers requested by eligible applicants and appeals by | 25 | | eligible applicants of requests disapproved by the State Board | 26 | | with the Senate and the House of Representatives before each |
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| 1 | | March 1 and October 1. | 2 | | The report shall be reviewed by a panel of 4 members | 3 | | consisting of: | 4 | | (1) the Speaker of the House of Representatives; | 5 | | (2) the Minority Leader of the House of | 6 | | Representatives; | 7 | | (3) the President of the Senate; and | 8 | | (4) the Minority Leader of the Senate. | 9 | | The State Board of Education may provide the panel | 10 | | recommendations on waiver requests. The members of the panel | 11 | | shall review the report submitted by the State Board of | 12 | | Education and submit to the State Board of Education any | 13 | | notice of further consideration to any waiver request within | 14 | | 14 days after the member receives the report. If 3 or more of | 15 | | the panel members submit a notice of further consideration to | 16 | | any waiver request contained within the report, the State | 17 | | Board of Education shall submit the waiver request to the | 18 | | General Assembly for consideration. If less than 3 panel | 19 | | members submit a notice of further consideration to a waiver | 20 | | request, the waiver may be approved, denied, or modified by | 21 | | the State Board. If the State Board does not act on a waiver | 22 | | request within 10 days, then the waiver request is approved. | 23 | | If the waiver request is denied by the State Board, it shall | 24 | | submit the waiver request to the General Assembly for | 25 | | consideration. | 26 | | The General Assembly may disapprove any waiver request |
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| 1 | | submitted to the General Assembly pursuant to this subsection | 2 | | (d) in whole or in part within 60 calendar days after each | 3 | | house of the General Assembly next convenes after the waiver | 4 | | request is submitted by adoption of a resolution by a record | 5 | | vote of the majority of members elected in each house. If the | 6 | | General Assembly fails to disapprove any waiver request or | 7 | | appealed request within such 60-day period, the waiver or | 8 | | modification shall be deemed granted. Any resolution adopted | 9 | | by the General Assembly disapproving a report of the State | 10 | | Board in whole or in part shall be binding on the State Board. | 11 | | (e) An approved waiver or modification may remain in | 12 | | effect for a period not to exceed 5 school years and may be | 13 | | renewed upon application by the eligible applicant. However, | 14 | | such waiver or modification may be changed within that 5-year | 15 | | period by a board or regional superintendent of schools | 16 | | applying on behalf of schools or programs operated by the | 17 | | regional office of education following the procedure as set | 18 | | forth in this Section for the initial waiver or modification | 19 | | request. If neither the State Board of Education nor the | 20 | | General Assembly disapproves, the change is deemed granted. | 21 | | (f) (Blank). | 22 | | (Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19; | 23 | | 101-81, eff. 7-12-19.) | 24 | | (105 ILCS 5/21B-20) | 25 | | Sec. 21B-20. Types of licenses. The State Board of |
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| 1 | | Education shall implement a system of educator licensure, | 2 | | whereby individuals employed in school districts who are | 3 | | required to be licensed must have one of the following | 4 | | licenses: (i) a professional educator license; (ii) an | 5 | | educator license with stipulations; (iii) a substitute | 6 | | teaching license; or (iv) until June 30, 2028, a short-term | 7 | | substitute teaching license. References in law regarding | 8 | | individuals certified or certificated or required to be | 9 | | certified or certificated under Article 21 of this Code shall | 10 | | also include individuals licensed or required to be licensed | 11 | | under this Article. The first year of all licenses ends on June | 12 | | 30 following one full year of the license being issued. | 13 | | The State Board of Education, in consultation with the | 14 | | State Educator Preparation and Licensure Board, may adopt such | 15 | | rules as may be necessary to govern the requirements for | 16 | | licenses and endorsements under this Section. | 17 | | (1) Professional Educator License. Persons who (i) | 18 | | have successfully completed an approved educator | 19 | | preparation program and are recommended for licensure by | 20 | | the Illinois institution offering the educator preparation | 21 | | program, (ii) have successfully completed the required | 22 | | testing under Section 21B-30 of this Code, (iii) have | 23 | | successfully completed coursework on the psychology of, | 24 | | the identification of, and the methods of instruction for | 25 | | the exceptional child, including, without limitation, | 26 | | children with learning disabilities, (iv) have |
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| 1 | | successfully completed coursework in methods of reading | 2 | | and reading in the content area, and (v) have met all other | 3 | | criteria established by rule of the State Board of | 4 | | Education shall be issued a Professional Educator License. | 5 | | All Professional Educator Licenses are valid until June 30 | 6 | | immediately following 5 years of the license being issued. | 7 | | The Professional Educator License shall be endorsed with | 8 | | specific areas and grade levels in which the individual is | 9 | | eligible to practice. For an early childhood education | 10 | | endorsement, an individual may satisfy the student | 11 | | teaching requirement of his or her early childhood teacher | 12 | | preparation program through placement in a setting with | 13 | | children from birth through grade 2, and the individual | 14 | | may be paid and receive credit while student teaching. The | 15 | | student teaching experience must meet the requirements of | 16 | | and be approved by the individual's early childhood | 17 | | teacher preparation program. | 18 | | Individuals can receive subsequent endorsements on the | 19 | | Professional Educator License. Subsequent endorsements | 20 | | shall require a minimum of 24 semester hours of coursework | 21 | | in the endorsement area and passage of the applicable | 22 | | content area test, unless otherwise specified by rule. | 23 | | (2) Educator License with Stipulations. An Educator | 24 | | License with Stipulations shall be issued an endorsement | 25 | | that limits the license holder to one particular position | 26 | | or does not require completion of an approved educator |
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| 1 | | program or both. | 2 | | An individual with an Educator License with | 3 | | Stipulations must not be employed by a school district or | 4 | | any other entity to replace any presently employed teacher | 5 | | who otherwise would not be replaced for any reason. | 6 | | An Educator License with Stipulations may be issued | 7 | | with the following endorsements: | 8 | | (A) (Blank). | 9 | | (B) Alternative provisional educator. An | 10 | | alternative provisional educator endorsement on an | 11 | | Educator License with Stipulations may be issued to an | 12 | | applicant who, at the time of applying for the | 13 | | endorsement, has done all of the following: | 14 | | (i) Graduated from a regionally accredited | 15 | | college or university with a minimum of a | 16 | | bachelor's degree. | 17 | | (ii) Successfully completed the first phase of | 18 | | the Alternative Educator Licensure Program for | 19 | | Teachers, as described in Section 21B-50 of this | 20 | | Code. | 21 | | (iii) Passed a content area test, as required | 22 | | under Section 21B-30 of this Code. | 23 | | The alternative provisional educator endorsement is | 24 | | valid for 2 years of teaching and may be renewed for a | 25 | | third year by an individual meeting the requirements set | 26 | | forth in Section 21B-50 of this Code. |
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| 1 | | (C) Alternative provisional superintendent. An | 2 | | alternative provisional superintendent endorsement on | 3 | | an Educator License with Stipulations entitles the | 4 | | holder to serve only as a superintendent or assistant | 5 | | superintendent in a school district's central office. | 6 | | This endorsement may only be issued to an applicant | 7 | | who, at the time of applying for the endorsement, has | 8 | | done all of the following: | 9 | | (i) Graduated from a regionally accredited | 10 | | college or university with a minimum of a master's | 11 | | degree in a management field other than education. | 12 | | (ii) Been employed for a period of at least 5 | 13 | | years in a management level position in a field | 14 | | other than education. | 15 | | (iii) Successfully completed the first phase | 16 | | of an alternative route to superintendent | 17 | | endorsement program, as provided in Section 21B-55 | 18 | | of this Code. | 19 | | (iv) Passed a content area test required under | 20 | | Section 21B-30 of this Code. | 21 | | The endorsement is valid for 2 fiscal years in | 22 | | order to complete one full year of serving as a | 23 | | superintendent or assistant superintendent. | 24 | | (D) (Blank). | 25 | | (E) Career and technical educator. A career and | 26 | | technical educator endorsement on an Educator License |
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| 1 | | with Stipulations may be issued to an applicant who | 2 | | has a minimum of 60 semester hours of coursework from a | 3 | | regionally accredited institution of higher education | 4 | | or an accredited trade and technical institution and | 5 | | has a minimum of 2,000 hours of experience outside of | 6 | | education in each area to be taught. | 7 | | The career and technical educator endorsement on | 8 | | an Educator License with Stipulations is valid until | 9 | | June 30 immediately following 5 years of the | 10 | | endorsement being issued and may be renewed. | 11 | | An individual who holds a valid career and | 12 | | technical educator endorsement on an Educator License | 13 | | with Stipulations but does not hold a bachelor's | 14 | | degree may substitute teach in career and technical | 15 | | education classrooms. | 16 | | (F) (Blank). | 17 | | (G) Transitional bilingual educator. A | 18 | | transitional bilingual educator endorsement on an | 19 | | Educator License with Stipulations may be issued for | 20 | | the purpose of providing instruction in accordance | 21 | | with Article 14C of this Code to an applicant who | 22 | | provides satisfactory evidence that he or she meets | 23 | | all of the following requirements: | 24 | | (i) Possesses adequate speaking, reading, and | 25 | | writing ability in the language other than English | 26 | | in which transitional bilingual education is |
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| 1 | | offered. | 2 | | (ii) Has the ability to successfully | 3 | | communicate in English. | 4 | | (iii) Either possessed, within 5 years | 5 | | previous to his or her applying for a transitional | 6 | | bilingual educator endorsement, a valid and | 7 | | comparable teaching certificate or comparable | 8 | | authorization issued by a foreign country or holds | 9 | | a degree from an institution of higher learning in | 10 | | a foreign country that the State Educator | 11 | | Preparation and Licensure Board determines to be | 12 | | the equivalent of a bachelor's degree from a | 13 | | regionally accredited institution of higher | 14 | | learning in the United States. | 15 | | A transitional bilingual educator endorsement | 16 | | shall be valid for prekindergarten through grade 12, | 17 | | is valid until June 30 immediately following 5 years | 18 | | of the endorsement being issued, and shall not be | 19 | | renewed. | 20 | | Persons holding a transitional bilingual educator | 21 | | endorsement shall not be employed to replace any | 22 | | presently employed teacher who otherwise would not be | 23 | | replaced for any reason. | 24 | | (H) Language endorsement. In an effort to | 25 | | alleviate the shortage of teachers speaking a language | 26 | | other than English in the public schools, an |
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| 1 | | individual who holds an Educator License with | 2 | | Stipulations may also apply for a language | 3 | | endorsement, provided that the applicant provides | 4 | | satisfactory evidence that he or she meets all of the | 5 | | following requirements: | 6 | | (i) Holds a transitional bilingual | 7 | | endorsement. | 8 | | (ii) Has demonstrated proficiency in the | 9 | | language for which the endorsement is to be issued | 10 | | by passing the applicable language content test | 11 | | required by the State Board of Education. | 12 | | (iii) Holds a bachelor's degree or higher from | 13 | | a regionally accredited institution of higher | 14 | | education or, for individuals educated in a | 15 | | country other than the United States, holds a | 16 | | degree from an institution of higher learning in a | 17 | | foreign country that the State Educator | 18 | | Preparation and Licensure Board determines to be | 19 | | the equivalent of a bachelor's degree from a | 20 | | regionally accredited institution of higher | 21 | | learning in the United States. | 22 | | (iv) (Blank). | 23 | | A language endorsement on an Educator License with | 24 | | Stipulations is valid for prekindergarten through | 25 | | grade 12 for the same validity period as the | 26 | | individual's transitional bilingual educator |
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| 1 | | endorsement on the Educator License with Stipulations | 2 | | and shall not be renewed. | 3 | | (I) Visiting international educator. A visiting | 4 | | international educator endorsement on an Educator | 5 | | License with Stipulations may be issued to an | 6 | | individual who is being recruited by a particular | 7 | | school district that conducts formal recruitment | 8 | | programs outside of the United States to secure the | 9 | | services of qualified teachers and who meets all of | 10 | | the following requirements: | 11 | | (i) Holds the equivalent of a minimum of a | 12 | | bachelor's degree issued in the United States. | 13 | | (ii) Has been prepared as a teacher at the | 14 | | grade level for which he or she will be employed. | 15 | | (iii) Has adequate content knowledge in the | 16 | | subject to be taught. | 17 | | (iv) Has an adequate command of the English | 18 | | language. | 19 | | A holder of a visiting international educator | 20 | | endorsement on an Educator License with Stipulations | 21 | | shall be permitted to teach in bilingual education | 22 | | programs in the language that was the medium of | 23 | | instruction in his or her teacher preparation program, | 24 | | provided that he or she passes the English Language | 25 | | Proficiency Examination or another test of writing | 26 | | skills in English identified by the State Board of |
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| 1 | | Education, in consultation with the State Educator | 2 | | Preparation and Licensure Board. | 3 | | A visiting international educator endorsement on | 4 | | an Educator License with Stipulations is valid for 5 | 5 | | years and shall not be renewed. | 6 | | (J) Paraprofessional educator. A paraprofessional | 7 | | educator endorsement on an Educator License with | 8 | | Stipulations may be issued to an applicant who holds a | 9 | | high school diploma or its recognized equivalent and | 10 | | (i) holds an associate's degree or a minimum of 60 | 11 | | semester hours of credit from a regionally accredited | 12 | | institution of higher education; (ii) has passed a | 13 | | paraprofessional competency test under subsection | 14 | | (c-5) of Section 21B-30; or (iii) is at least 18 years | 15 | | of age and will be using the Educator License with | 16 | | Stipulations exclusively for grades prekindergarten | 17 | | through grade 8, until the individual reaches the age | 18 | | of 19 years and otherwise meets the criteria for a | 19 | | paraprofessional educator endorsement pursuant to this | 20 | | subparagraph (J). The paraprofessional educator | 21 | | endorsement is valid until June 30 immediately | 22 | | following 5 years of the endorsement being issued and | 23 | | may be renewed through application and payment of the | 24 | | appropriate fee, as required under Section 21B-40 of | 25 | | this Code. An individual who holds only a | 26 | | paraprofessional educator endorsement is not subject |
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| 1 | | to additional requirements in order to renew the | 2 | | endorsement. | 3 | | (K) Chief school business official. A chief school | 4 | | business official endorsement on an Educator License | 5 | | with Stipulations may be issued to an applicant who | 6 | | qualifies by having a master's degree or higher, 2 | 7 | | years of full-time administrative experience in school | 8 | | business management or 2 years of university-approved | 9 | | practical experience, and a minimum of 24 semester | 10 | | hours of graduate credit in a program approved by the | 11 | | State Board of Education for the preparation of school | 12 | | business administrators and by passage of the | 13 | | applicable State tests, including an applicable | 14 | | content area test. | 15 | | The chief school business official endorsement may | 16 | | also be affixed to the Educator License with | 17 | | Stipulations of any holder who qualifies by having a | 18 | | master's degree in business administration, finance, | 19 | | accounting, or public administration and who completes | 20 | | an additional 6 semester hours of internship in school | 21 | | business management from a regionally accredited | 22 | | institution of higher education and passes the | 23 | | applicable State tests, including an applicable | 24 | | content area test. This endorsement shall be required | 25 | | for any individual employed as a chief school business | 26 | | official. |
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| 1 | | The chief school business official endorsement on | 2 | | an Educator License with Stipulations is valid until | 3 | | June 30 immediately following 5 years of the | 4 | | endorsement being issued and may be renewed if the | 5 | | license holder completes renewal requirements as | 6 | | required for individuals who hold a Professional | 7 | | Educator License endorsed for chief school business | 8 | | official under Section 21B-45 of this Code and such | 9 | | rules as may be adopted by the State Board of | 10 | | Education. | 11 | | The State Board of Education shall adopt any rules | 12 | | necessary to implement Public Act 100-288. | 13 | | (L) Provisional in-state educator. A provisional | 14 | | in-state educator endorsement on an Educator License | 15 | | with Stipulations may be issued to a candidate who has | 16 | | completed an Illinois-approved educator preparation | 17 | | program at an Illinois institution of higher education | 18 | | and who has not successfully completed an | 19 | | evidence-based assessment of teacher effectiveness but | 20 | | who meets all of the following requirements: | 21 | | (i) Holds at least a bachelor's degree. | 22 | | (ii) Has completed an approved educator | 23 | | preparation program at an Illinois institution. | 24 | | (iii) Has passed an applicable content area | 25 | | test, as required by Section 21B-30 of this Code. | 26 | | (iv) Has attempted an evidence-based |
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| 1 | | assessment of teacher effectiveness and received a | 2 | | minimum score on that assessment, as established | 3 | | by the State Board of Education in consultation | 4 | | with the State Educator Preparation and Licensure | 5 | | Board. | 6 | | A provisional in-state educator endorsement on an | 7 | | Educator License with Stipulations is valid for one | 8 | | full fiscal year after the date of issuance and may not | 9 | | be renewed. | 10 | | (M) (Blank). | 11 | | (N) Specialized services. A specialized services | 12 | | endorsement on an Educator License with Stipulations | 13 | | may be issued as defined and specified by rule. | 14 | | (O) Provisional career and technical educator. A | 15 | | provisional career and technical educator endorsement | 16 | | on an Educator License with Stipulations may be issued | 17 | | to an applicant who has a minimum of 8,000 hours of | 18 | | work experience in the skill for which the applicant | 19 | | is seeking the endorsement. Each employing school | 20 | | board and regional office of education shall provide | 21 | | verification, in writing, to the State Superintendent | 22 | | of Education at the time the application is submitted | 23 | | that no qualified teacher holding a Professional | 24 | | Educator License or an Educator License with | 25 | | Stipulations with a career and technical educator | 26 | | endorsement is available to teach and that actual |
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| 1 | | circumstances require such issuance. However, the | 2 | | employing school board or regional office of | 3 | | education, as part of providing verification, does not | 4 | | have to conduct a prior search for a qualified teacher | 5 | | holding a Professional Educator License or an Educator | 6 | | License with Stipulations with a career and technical | 7 | | educator endorsement. | 8 | | A provisional career and technical educator | 9 | | endorsement on an Educator License with Stipulations | 10 | | is valid until June 30 immediately following 5 years | 11 | | of the endorsement being issued and may be renewed. | 12 | | An individual who holds a provisional career and | 13 | | technical educator endorsement on an Educator License | 14 | | with Stipulations may teach as a substitute teacher in | 15 | | career and technical education classrooms. | 16 | | (3) Substitute Teaching License. A Substitute Teaching | 17 | | License may be issued to qualified applicants for | 18 | | substitute teaching in all grades of the public schools, | 19 | | prekindergarten through grade 12. Substitute Teaching | 20 | | Licenses are not eligible for endorsements. Applicants for | 21 | | a Substitute Teaching License must hold a bachelor's | 22 | | degree or higher from a regionally accredited institution | 23 | | of higher education or must be enrolled in an approved | 24 | | educator preparation program in this State and have earned | 25 | | at least 90 credit hours. | 26 | | Substitute Teaching Licenses are valid for 5 years. |
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| 1 | | Substitute Teaching Licenses are valid for substitute | 2 | | teaching in every county of this State. If an individual | 3 | | has had his or her Professional Educator License or | 4 | | Educator License with Stipulations suspended or revoked, | 5 | | then that individual is not eligible to obtain a | 6 | | Substitute Teaching License. | 7 | | A substitute teacher may only teach in the place of a | 8 | | licensed teacher who is under contract with the employing | 9 | | board. If, however, there is no licensed teacher under | 10 | | contract because of an emergency situation, then a | 11 | | district may employ a substitute teacher for no longer | 12 | | than 30 calendar days per each vacant position in the | 13 | | district if the district notifies the appropriate regional | 14 | | office of education within 5 business days after the | 15 | | employment of the substitute teacher in that vacant | 16 | | position. A district may continue to employ that same | 17 | | substitute teacher in that same vacant position for 90 | 18 | | calendar days or until the end of the semester, whichever | 19 | | is greater, if, prior to the expiration of the | 20 | | 30-calendar-day period then current, the district files a | 21 | | written request with the appropriate regional office of | 22 | | education for a 30-calendar-day extension on the basis | 23 | | that the position remains vacant and the district | 24 | | continues to actively seek qualified candidates and | 25 | | provides documentation that it has provided training | 26 | | specific to the position, including training on meeting |
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| 1 | | the needs of students with disabilities and English | 2 | | learners if applicable. Each extension request shall be | 3 | | granted in writing by the regional office of education. An | 4 | | emergency situation is one in which an unforeseen vacancy | 5 | | has occurred and (i) a teacher is unexpectedly unable to | 6 | | fulfill his or her contractual duties or (ii) teacher | 7 | | capacity needs of the district exceed previous indications | 8 | | or vacancies are unfilled due to a lack of qualified | 9 | | candidates, and the district is actively engaged in | 10 | | advertising to hire a fully licensed teacher for the | 11 | | vacant position. | 12 | | There is no limit on the number of days that a | 13 | | substitute teacher may teach in a single school district, | 14 | | provided that no substitute teacher may teach for longer | 15 | | than 120 days beginning with the 2021-2022 school year | 16 | | through the 2022-2023 school year, otherwise 90 school | 17 | | days for any one licensed teacher under contract in the | 18 | | same school year. A substitute teacher who holds a | 19 | | Professional Educator License or Educator License with | 20 | | Stipulations shall not teach for more than 120 school days | 21 | | for any one licensed teacher under contract in the same | 22 | | school year. The limitations in this paragraph (3) on the | 23 | | number of days a substitute teacher may be employed do not | 24 | | apply to any school district operating under Article 34 of | 25 | | this Code. | 26 | | A school district may not require an individual who |
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| 1 | | holds a valid Professional Educator License or Educator | 2 | | License with Stipulations to seek or hold a Substitute | 3 | | Teaching License to teach as a substitute teacher. | 4 | | (4) Short-Term Substitute Teaching License. Beginning | 5 | | on July 1, 2018 and until June 30, 2028, applicants may | 6 | | apply to the State Board of Education for issuance of a | 7 | | Short-Term Substitute Teaching License. A Short-Term | 8 | | Substitute Teaching License may be issued to a qualified | 9 | | applicant for substitute teaching in all grades of the | 10 | | public schools, prekindergarten through grade 12. | 11 | | Short-Term Substitute Teaching Licenses are not eligible | 12 | | for endorsements. Applicants for a Short-Term Substitute | 13 | | Teaching License must hold an associate's degree or have | 14 | | completed at least 60 credit hours from a regionally | 15 | | accredited institution of higher education. | 16 | | Short-Term Substitute Teaching Licenses are valid for | 17 | | substitute teaching in every county of this State. If an | 18 | | individual has had his or her Professional Educator | 19 | | License or Educator License with Stipulations suspended or | 20 | | revoked, then that individual is not eligible to obtain a | 21 | | Short-Term Substitute Teaching License. | 22 | | The provisions of Sections 10-21.9 and 34-18.5 of this | 23 | | Code apply to short-term substitute teachers. | 24 | | An individual holding a Short-Term Substitute Teaching | 25 | | License may teach no more than 15 consecutive days per | 26 | | licensed teacher who is under contract. For teacher |
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| 1 | | absences lasting 6 or more days per licensed teacher who | 2 | | is under contract, a school district may not hire an | 3 | | individual holding a Short-Term Substitute Teaching | 4 | | License, unless the Governor has declared a disaster due | 5 | | to a public health emergency pursuant to Section 7 of the | 6 | | Illinois Emergency Management Agency Act. An individual | 7 | | holding a Short-Term Substitute Teaching License must | 8 | | complete the training program under Section 10-20.67 or | 9 | | 34-18.60 of this Code to be eligible to teach at a public | 10 | | school. Short-Term Substitute Teaching Licenses under this | 11 | | Section are valid for 5 years. | 12 | | (Source: P.A. 102-711, eff. 1-1-23; 102-712, eff. 4-27-22; | 13 | | 102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff. | 14 | | 5-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23; | 15 | | 103-193, eff. 1-1-24; 103-564, eff. 11-17-23 .)". |
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