Illinois General Assembly - Full Text of HB4173
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Full Text of HB4173  103rd General Assembly


Rep. Jed Davis

Filed: 2/20/2024





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2    AMENDMENT NO. ______. Amend House Bill 4173 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing
5Sections 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
8the 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
5Code or any other law of this State to the contrary, eligible
6applicants may petition the State Board of Education for the
7waiver or modification of the mandates of this School Code or
8of the administrative rules and regulations promulgated by the
9State Board of Education. Waivers or modifications of
10administrative rules and regulations and modifications of
11mandates of this School Code may be requested when an eligible
12applicant demonstrates that it can address the intent of the
13rule or mandate in a more effective, efficient, or economical
14manner or when necessary to stimulate innovation or improve
15student performance. Waivers of mandates of the School Code
16may be requested when the waivers are necessary to stimulate
17innovation or improve student performance or when the
18applicant demonstrates that it can address the intent of the
19mandate of the School Code in a more effective, efficient, or
20economical manner.
21    Waivers may not be requested from laws, rules, and
22regulations pertaining to special education, teacher educator
23licensure, teacher tenure and seniority, or Section 5-2.1 of
24this Code or from compliance with the Every Student Succeeds
25Act (Public Law 114-95). Eligible applicants may not seek a
26waiver or seek a modification of a mandate regarding the



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1requirements for (i) student performance data to be a
2significant factor in teacher or principal evaluations or (ii)
3teachers and principals to be rated using the 4 categories of
4"excellent", "proficient", "needs improvement", or
5"unsatisfactory". On September 1, 2014, any previously
6authorized waiver or modification from such requirements shall
7terminate. A waiver pertaining to teacher educator licensure
8may be granted only if there is a demonstrable desire of both
9local businesses and trade unions or associations or other
10organizations serving as representatives for tradespeople to
11partner with an eligible applicant for trade education
12courses, including, but not limited to, courses in any of the
13following, and a demonstrable desire of students to have such
14a 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
24managerial policy, and any Independent Authority established
25under Section 2-3.25f-5 of this Code may submit an application
26for a waiver or modification authorized under this Section.



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1Each application must include a written request by the
2eligible applicant or Independent Authority and must
3demonstrate that the intent of the mandate can be addressed in
4a more effective, efficient, or economical manner or be based
5upon a specific plan for improved student performance and
6school improvement. Any eligible applicant requesting a waiver
7or modification for the reason that intent of the mandate can
8be addressed in a more economical manner shall include in the
9application a fiscal analysis showing current expenditures on
10the mandate and projected savings resulting from the waiver or
11modification. Applications and plans developed by eligible
12applicants must be approved by the board or regional
13superintendent of schools applying on behalf of schools or
14programs operated by the regional office of education
15following a public hearing on the application and plan and the
16opportunity for the board or regional superintendent to hear
17testimony from staff directly involved in its implementation,
18parents, and students. The time period for such testimony
19shall be separate from the time period established by the
20eligible applicant for public comment on other matters.
21    (c-5) If the applicant is a school district, then the
22district shall post information that sets forth the time,
23date, place, and general subject matter of the public hearing
24on its Internet website at least 14 days prior to the hearing.
25If the district is requesting to increase the fee charged for
26driver education authorized pursuant to Section 27-24.2 of



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1this Code, the website information shall include the proposed
2amount of the fee the district will request. All school
3districts must publish a notice of the public hearing at least
47 days prior to the hearing in a newspaper of general
5circulation within the school district that sets forth the
6time, date, place, and general subject matter of the hearing.
7Districts requesting to increase the fee charged for driver
8education shall include in the published notice the proposed
9amount of the fee the district will request. If the applicant
10is a joint agreement or regional superintendent, then the
11joint agreement or regional superintendent shall post
12information that sets forth the time, date, place, and general
13subject matter of the public hearing on its Internet website
14at least 14 days prior to the hearing. If the joint agreement
15or regional superintendent is requesting to increase the fee
16charged for driver education authorized pursuant to Section
1727-24.2 of this Code, the website information shall include
18the proposed amount of the fee the applicant will request. All
19joint agreements and regional superintendents must publish a
20notice of the public hearing at least 7 days prior to the
21hearing in a newspaper of general circulation in each school
22district that is a member of the joint agreement or that is
23served by the educational service region that sets forth the
24time, date, place, and general subject matter of the hearing,
25provided that a notice appearing in a newspaper generally
26circulated in more than one school district shall be deemed to



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1fulfill this requirement with respect to all of the affected
2districts. Joint agreements or regional superintendents
3requesting to increase the fee charged for driver education
4shall include in the published notice the proposed amount of
5the fee the applicant will request. The eligible applicant
6must notify either electronically or in writing the affected
7exclusive collective bargaining agent and those State
8legislators representing the eligible applicant's territory of
9its intent to seek approval of a waiver or modification and of
10the hearing to be held to take testimony from staff. The
11affected exclusive collective bargaining agents shall be
12notified of such public hearing at least 7 days prior to the
13date of the hearing and shall be allowed to attend such public
14hearing. The eligible applicant shall attest to compliance
15with all of the notification and procedural requirements set
16forth in this Section.
17    (d) A request for a waiver or modification of
18administrative rules and regulations or for a modification of
19mandates contained in this School Code shall be submitted to
20the State Board of Education within 15 days after approval by
21the board or regional superintendent of schools. The
22application as submitted to the State Board of Education shall
23include a description of the public hearing. Following receipt
24of the waiver or modification request, the State Board shall
25have 45 days to review the application and request. If the
26State Board fails to disapprove the application within that



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145-day period, the waiver or modification shall be deemed
2granted. The State Board may disapprove any request if it is
3not based upon sound educational practices, endangers the
4health or safety of students or staff, compromises equal
5opportunities for learning, or fails to demonstrate that the
6intent of the rule or mandate can be addressed in a more
7effective, efficient, or economical manner or have improved
8student performance as a primary goal. Any request disapproved
9by the State Board may be appealed to the General Assembly by
10the eligible applicant as outlined in this Section.
11    A request for a waiver from mandates contained in this
12School Code shall be submitted to the State Board within 15
13days after approval by the board or regional superintendent of
14schools. The application as submitted to the State Board of
15Education shall include a description of the public hearing.
16The description shall include, but need not be limited to, the
17means of notice, the number of people in attendance, the
18number of people who spoke as proponents or opponents of the
19waiver, a brief description of their comments, and whether
20there were any written statements submitted. The State Board
21shall review the applications and requests for completeness
22and shall compile the requests in reports to be filed with the
23General Assembly. The State Board shall file reports outlining
24the waivers requested by eligible applicants and appeals by
25eligible applicants of requests disapproved by the State Board
26with the Senate and the House of Representatives before each



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1March 1 and October 1.
2    The report shall be reviewed by a panel of 4 members
3consisting 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.
9The State Board of Education may provide the panel
10recommendations on waiver requests. The members of the panel
11shall review the report submitted by the State Board of
12Education and submit to the State Board of Education any
13notice of further consideration to any waiver request within
1414 days after the member receives the report. If 3 or more of
15the panel members submit a notice of further consideration to
16any waiver request contained within the report, the State
17Board of Education shall submit the waiver request to the
18General Assembly for consideration. If less than 3 panel
19members submit a notice of further consideration to a waiver
20request, the waiver may be approved, denied, or modified by
21the State Board. If the State Board does not act on a waiver
22request within 10 days, then the waiver request is approved.
23If the waiver request is denied by the State Board, it shall
24submit the waiver request to the General Assembly for
26    The General Assembly may disapprove any waiver request



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1submitted to the General Assembly pursuant to this subsection
2(d) in whole or in part within 60 calendar days after each
3house of the General Assembly next convenes after the waiver
4request is submitted by adoption of a resolution by a record
5vote of the majority of members elected in each house. If the
6General Assembly fails to disapprove any waiver request or
7appealed request within such 60-day period, the waiver or
8modification shall be deemed granted. Any resolution adopted
9by the General Assembly disapproving a report of the State
10Board in whole or in part shall be binding on the State Board.
11    (e) An approved waiver or modification may remain in
12effect for a period not to exceed 5 school years and may be
13renewed upon application by the eligible applicant. However,
14such waiver or modification may be changed within that 5-year
15period by a board or regional superintendent of schools
16applying on behalf of schools or programs operated by the
17regional office of education following the procedure as set
18forth in this Section for the initial waiver or modification
19request. If neither the State Board of Education nor the
20General 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;
23101-81, 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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1Education shall implement a system of educator licensure,
2whereby individuals employed in school districts who are
3required to be licensed must have one of the following
4licenses: (i) a professional educator license; (ii) an
5educator license with stipulations; (iii) a substitute
6teaching license; or (iv) until June 30, 2028, a short-term
7substitute teaching license. References in law regarding
8individuals certified or certificated or required to be
9certified or certificated under Article 21 of this Code shall
10also include individuals licensed or required to be licensed
11under this Article. The first year of all licenses ends on June
1230 following one full year of the license being issued.
13    The State Board of Education, in consultation with the
14State Educator Preparation and Licensure Board, may adopt such
15rules as may be necessary to govern the requirements for
16licenses 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



10300HB4173ham001- 22 -LRB103 33387 RJT 69736 a

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.



10300HB4173ham001- 23 -LRB103 33387 RJT 69736 a

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



10300HB4173ham001- 24 -LRB103 33387 RJT 69736 a

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



10300HB4173ham001- 25 -LRB103 33387 RJT 69736 a

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



10300HB4173ham001- 26 -LRB103 33387 RJT 69736 a

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;
13102-713, eff. 1-1-23; 102-717, eff. 4-29-22; 102-894, eff.
145-20-22; 103-111, eff. 6-29-23; 103-154, eff. 6-30-23;
15103-193, eff. 1-1-24; 103-564, eff. 11-17-23.)".