100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3021

 

Introduced , by Rep. Robert Martwick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/21B-20

    Amends the Educator Licensure Article of the School Code. Provides that beginning on January 1, 2018, the State Board of Education shall implement a program and adopt rules to allow temporary staffing firms to contract with school districts to provide substitute teachers for elementary and secondary public schools. Sets forth requirements for substitute teachers from temporary staffing firms. Prohibits school districts from using temporary staffing firms to circumvent collective bargaining agreements or laws.


LRB100 10622 MLM 20844 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3021LRB100 10622 MLM 20844 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
521B-20 as follows:
 
6    (105 ILCS 5/21B-20)
7    Sec. 21B-20. Types of licenses. Before July 1, 2013, the
8State Board of Education shall implement a system of educator
9licensure, whereby individuals employed in school districts
10who are required to be licensed must have one of the following
11licenses: (i) a professional educator license; (ii) a
12professional educator license with stipulations; or (iii) a
13substitute teaching license. References in law regarding
14individuals certified or certificated or required to be
15certified or certificated under Article 21 of this Code shall
16also include individuals licensed or required to be licensed
17under this Article. The first year of all licenses ends on June
1830 following one full year of the license being issued.
19    The State Board of Education, in consultation with the
20State Educator Preparation and Licensure Board, may adopt such
21rules as may be necessary to govern the requirements for
22licenses and endorsements under this Section.
23        (1) Professional Educator License. Persons who (i)

 

 

HB3021- 2 -LRB100 10622 MLM 20844 b

1    have successfully completed an approved educator
2    preparation program and are recommended for licensure by
3    the Illinois institution offering the educator preparation
4    program, (ii) have successfully completed the required
5    testing under Section 21B-30 of this Code, (iii) have
6    successfully completed coursework on the psychology of,
7    the identification of, and the methods of instruction for
8    the exceptional child, including without limitation
9    children with learning disabilities, (iv) have
10    successfully completed coursework in methods of reading
11    and reading in the content area, and (v) have met all other
12    criteria established by rule of the State Board of
13    Education shall be issued a Professional Educator License.
14    All Professional Educator Licenses are valid until June 30
15    immediately following 5 years of the license being issued.
16    The Professional Educator License shall be endorsed with
17    specific areas and grade levels in which the individual is
18    eligible to practice.
19        Individuals can receive subsequent endorsements on the
20    Professional Educator License. Subsequent endorsements
21    shall require a minimum of 24 semester hours of coursework
22    in the endorsement area, unless otherwise specified by
23    rule, and passage of the applicable content area test.
24        (2) Educator License with Stipulations. An Educator
25    License with Stipulations shall be issued an endorsement
26    that limits the license holder to one particular position

 

 

HB3021- 3 -LRB100 10622 MLM 20844 b

1    or does not require completion of an approved educator
2    program or both.
3        An individual with an Educator License with
4    Stipulations must not be employed by a school district or
5    any other entity to replace any presently employed teacher
6    who otherwise would not be replaced for any reason.
7        An Educator License with Stipulations may be issued
8    with the following endorsements:
9            (A) Provisional educator. A provisional educator
10        endorsement in a specific content area or areas on an
11        Educator License with Stipulations may be issued to an
12        applicant who holds an educator license from another
13        state, U.S. territory, or foreign country and who, at
14        the time of applying for an Illinois license, does not
15        meet the minimum requirements under Section 21B-35 of
16        this Code, but does, at a minimum, meet the following
17        requirements:
18                (i) Holds the equivalent of a minimum of a
19            bachelor's degree, unless a master's degree is
20            required for the endorsement, from a regionally
21            accredited college or university or, for
22            individuals educated in a country other than the
23            United States, the equivalent of a minimum of a
24            bachelor's degree issued in the United States,
25            unless a master's degree is required for the
26            endorsement.

 

 

HB3021- 4 -LRB100 10622 MLM 20844 b

1                (ii) Has passed or passes a test of basic
2            skills and content area test prior to or within one
3            year after issuance of the provisional educator
4            endorsement on the Educator License with
5            Stipulations. If an individual who holds an
6            Educator License with Stipulations endorsed for
7            provisional educator has not passed a test of basic
8            skills and applicable content area test or tests
9            within one year after issuance of the endorsement,
10            the endorsement shall expire on June 30 following
11            one full year of the endorsement being issued. If
12            such an individual has passed the test of basic
13            skills and applicable content area test or tests
14            either prior to issuance of the endorsement or
15            within one year after issuance of the endorsement,
16            the endorsement is valid until June 30 immediately
17            following 2 years of the license being issued,
18            during which time any and all coursework
19            deficiencies must be met and any and all additional
20            testing deficiencies must be met.
21            In addition, a provisional educator endorsement
22        for principals or superintendents may be issued if the
23        individual meets the requirements set forth in
24        subdivisions (1) and (3) of subsection (b-5) of Section
25        21B-35 of this Code. Applicants who have not been
26        entitled by an Illinois-approved educator preparation

 

 

HB3021- 5 -LRB100 10622 MLM 20844 b

1        program at an Illinois institution of higher education
2        shall not receive a provisional educator endorsement
3        if the person completed an alternative licensure
4        program in another state, unless the program has been
5        determined to be equivalent to Illinois program
6        requirements.
7            Notwithstanding any other requirements of this
8        Section, a service member or spouse of a service member
9        may obtain a Professional Educator License with
10        Stipulations, and a provisional educator endorsement
11        in a specific content area or areas, if he or she holds
12        a valid teaching certificate or license in good
13        standing from another state, meets the qualifications
14        of educators outlined in Section 21B-15 of this Code,
15        and has not engaged in any misconduct that would
16        prohibit an individual from obtaining a license
17        pursuant to Illinois law, including without limitation
18        any administrative rules of the State Board of
19        Education.
20            In this Section, "service member" means any person
21        who, at the time of application under this Section, is
22        an active duty member of the United States Armed Forces
23        or any reserve component of the United States Armed
24        Forces or the National Guard of any state,
25        commonwealth, or territory of the United States or the
26        District of Columbia.

 

 

HB3021- 6 -LRB100 10622 MLM 20844 b

1            A provisional educator endorsement is valid until
2        June 30 immediately following 2 years of the license
3        being issued, provided that any remaining testing and
4        coursework deficiencies are met as set forth in this
5        Section. Failure to satisfy all stated deficiencies
6        shall mean the individual, including any service
7        member or spouse who has obtained a Professional
8        Educator License with Stipulations and a provisional
9        educator endorsement in a specific content area or
10        areas, is ineligible to receive a Professional
11        Educator License at that time. An Educator License with
12        Stipulations endorsed for provisional educator shall
13        not be renewed for individuals who hold an Educator
14        License with Stipulations and who have held a position
15        in a public school or non-public school recognized by
16        the State Board of Education.
17            (B) Alternative provisional educator. An
18        alternative provisional educator endorsement on an
19        Educator License with Stipulations may be issued to an
20        applicant who, at the time of applying for the
21        endorsement, has done all of the following:
22                (i) Graduated from a regionally accredited
23            college or university with a minimum of a
24            bachelor's degree.
25                (ii) Successfully completed the first phase of
26            the Alternative Educator Licensure Program for

 

 

HB3021- 7 -LRB100 10622 MLM 20844 b

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

 

 

HB3021- 8 -LRB100 10622 MLM 20844 b

1            of this Code.
2                (iv) Passed a test of basic skills and content
3            area tests required under Section 21B-30 of this
4            Code.
5            The endorsement may be registered for 2 fiscal
6        years in order to complete one full year of serving as
7        a superintendent or assistant superintendent.
8            (D) Resident teacher endorsement. A resident
9        teacher endorsement on an Educator License with
10        Stipulations may be issued to an applicant who, at the
11        time of applying for the endorsement, has done all of
12        the following:
13                (i) Graduated from a regionally accredited
14            institution of higher education with a minimum of a
15            bachelor's degree.
16                (ii) Enrolled in an approved Illinois educator
17            preparation program.
18                (iii) Passed a test of basic skills and content
19            area test, as required under Section 21B-30 of this
20            Code.
21            The resident teacher endorsement on an Educator
22        License with Stipulations is valid for 4 years of
23        teaching and shall not be renewed.
24            A resident teacher may teach only under the
25        direction of a licensed teacher, who shall act as the
26        resident mentor teacher, and may not teach in place of

 

 

HB3021- 9 -LRB100 10622 MLM 20844 b

1        a licensed teacher. A resident teacher endorsement on
2        an Educator License with Stipulations shall no longer
3        be valid after June 30, 2017.
4            (E) Career and technical educator. A career and
5        technical educator endorsement on an Educator License
6        with Stipulations may be issued to an applicant who has
7        a minimum of 60 semester hours of coursework from a
8        regionally accredited institution of higher education
9        and has a minimum of 2,000 hours of experience outside
10        of education in each area to be taught.
11            The career and technical educator endorsement on
12        an Educator License with Stipulations is valid until
13        June 30 immediately following 5 years of the
14        endorsement being issued and may be renewed. For
15        individuals who were issued the career and technical
16        educator endorsement on an Educator License with
17        Stipulations on or after January 1, 2015, the license
18        may be renewed if the individual passes a test of basic
19        skills or test of work proficiency, as required under
20        Section 21B-30 of this Code.
21            (F) Part-time provisional career and technical
22        educator or provisional career and technical educator.
23        A part-time provisional career and technical educator
24        endorsement or a provisional career and technical
25        educator endorsement on an Educator License with
26        Stipulations may be issued to an applicant who has a

 

 

HB3021- 10 -LRB100 10622 MLM 20844 b

1        minimum of 8,000 hours of work experience in the skill
2        for which the applicant is seeking the endorsement. It
3        is the responsibility of each employing school board
4        and regional office of education to provide
5        verification, in writing, to the State Superintendent
6        of Education at the time the application is submitted
7        that no qualified teacher holding a Professional
8        Educator License or an Educator License with
9        Stipulations with a career and technical educator
10        endorsement is available and that actual circumstances
11        require such issuance.
12            The provisional career and technical educator
13        endorsement on an Educator License with Stipulations
14        is valid until June 30 immediately following 5 years of
15        the endorsement being issued and may be renewed only
16        one time for 5 years. For individuals who were issued
17        the provisional career and technical educator
18        endorsement on an Educator License with Stipulations
19        on or after January 1, 2015, the license may be renewed
20        one time if the individual passes a test of basic
21        skills or test of work proficiency, as required under
22        Section 21B-30 of this Code, and has completed a
23        minimum of 20 semester hours from a regionally
24        accredited institution.
25            A part-time provisional career and technical
26        educator endorsement on an Educator License with

 

 

HB3021- 11 -LRB100 10622 MLM 20844 b

1        Stipulations may be issued for teaching no more than 2
2        courses of study for grades 6 through 12. The part-time
3        provisional career and technical educator endorsement
4        on an Educator License with Stipulations is valid until
5        June 30 immediately following 5 years of the
6        endorsement being issued and may be renewed for 5 years
7        if the individual makes application for renewal.
8            (G) Transitional bilingual educator. A
9        transitional bilingual educator endorsement on an
10        Educator License with Stipulations may be issued for
11        the purpose of providing instruction in accordance
12        with Article 14C of this Code to an applicant who
13        provides satisfactory evidence that he or she meets all
14        of the following requirements:
15                (i) Possesses adequate speaking, reading, and
16            writing ability in the language other than English
17            in which transitional bilingual education is
18            offered.
19                (ii) Has the ability to successfully
20            communicate in English.
21                (iii) Either possessed, within 5 years
22            previous to his or her applying for a transitional
23            bilingual educator endorsement, a valid and
24            comparable teaching certificate or comparable
25            authorization issued by a foreign country or holds
26            a degree from an institution of higher learning in

 

 

HB3021- 12 -LRB100 10622 MLM 20844 b

1            a foreign country that the State Educator
2            Preparation and Licensure Board determines to be
3            the equivalent of a bachelor's degree from a
4            regionally accredited institution of higher
5            learning in the United States.
6            A transitional bilingual educator endorsement
7        shall be valid for prekindergarten through grade 12, is
8        valid until June 30 immediately following 5 years of
9        the endorsement being issued, and shall not be 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 individual
17        who holds an Educator License with Stipulations may
18        also apply for a language endorsement, provided that
19        the applicant provides satisfactory evidence that he
20        or she meets all of the following requirements:
21                (i) Holds a transitional bilingual
22            endorsement.
23                (ii) Has demonstrated proficiency in the
24            language for which the endorsement is to be issued
25            by passing the applicable language content test
26            required by the State Board of Education.

 

 

HB3021- 13 -LRB100 10622 MLM 20844 b

1                (iii) Holds a bachelor's degree or higher from
2            a regionally accredited institution of higher
3            education or, for individuals educated in a
4            country other than the United States, holds a
5            degree from an institution of higher learning in a
6            foreign country that the State Educator
7            Preparation and Licensure Board determines to be
8            the equivalent of a bachelor's degree from a
9            regionally accredited institution of higher
10            learning in the United States.
11                (iv) Has passed a test of basic skills, as
12            required under Section 21B-30 of this Code.
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 the
26        following requirements:

 

 

HB3021- 14 -LRB100 10622 MLM 20844 b

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 3
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        either holds an associate's degree or a minimum of 60

 

 

HB3021- 15 -LRB100 10622 MLM 20844 b

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

 

 

HB3021- 16 -LRB100 10622 MLM 20844 b

1        master's degree in business administration, finance,
2        or accounting and who completes an additional 6
3        semester hours of internship in school business
4        management from a regionally accredited institution of
5        higher education and passes the applicable State
6        tests, including a test of basic skills and applicable
7        content area test. This endorsement shall be required
8        for any individual employed as a chief school business
9        official.
10            The chief school business official endorsement on
11        an Educator License with Stipulations is valid until
12        June 30 immediately following 5 years of the
13        endorsement being issued and may be renewed if the
14        license holder completes renewal requirements as
15        required for individuals who hold a Professional
16        Educator License endorsed for chief school business
17        official under Section 21B-45 of this Code and such
18        rules as may be adopted by the State Board of
19        Education.
20            (L) Provisional in-state educator. A provisional
21        in-state educator endorsement on an Educator License
22        with Stipulations may be issued to a candidate who has
23        completed an Illinois-approved educator preparation
24        program at an Illinois institution of higher education
25        and who has not successfully completed an
26        evidence-based assessment of teacher effectiveness but

 

 

HB3021- 17 -LRB100 10622 MLM 20844 b

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

 

 

HB3021- 18 -LRB100 10622 MLM 20844 b

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 or
5    has not met the renewal requirements for licensure, then
6    that individual is not eligible to obtain a Substitute
7    Teaching License.
8        A substitute teacher may only teach in the place of a
9    licensed teacher who is under contract with the employing
10    board. If, however, there is no licensed teacher under
11    contract because of an emergency situation, then a district
12    may employ a substitute teacher for no longer than 30
13    calendar days per each vacant position in the district if
14    the district notifies the appropriate regional office of
15    education within 5 business days after the employment of
16    the substitute teacher in the emergency situation. An
17    emergency situation is one in which an unforeseen vacancy
18    has occurred and (i) a teacher is unable to fulfill his or
19    her contractual duties or (ii) teacher capacity needs of
20    the district exceed previous indications, and the district
21    is actively engaged in advertising to hire a fully licensed
22    teacher for the vacant position.
23        There is no limit on the number of days that a
24    substitute teacher may teach in a single school district,
25    provided that no substitute teacher may teach for longer
26    than 90 school days for any one licensed teacher under

 

 

HB3021- 19 -LRB100 10622 MLM 20844 b

1    contract in the same school year. A substitute teacher who
2    holds a Professional Educator License or Educator License
3    with Stipulations shall not teach for more than 120 school
4    days for any one licensed teacher under contract in the
5    same school year. The limitations in this paragraph (3) on
6    the number of days a substitute teacher may be employed do
7    not apply to any school district operating under Article 34
8    of this Code.
9        (4) Beginning on January 1, 2018, the State Board of
10    Education shall implement a program and adopt rules to
11    allow temporary staffing firms to contract with school
12    districts to provide substitute teachers for elementary
13    and secondary public schools. Substitute teachers provided
14    by staffing firms must adhere to all mandated State laws,
15    rules, and screening requirements for substitute teachers
16    not hired from a staffing firm and must be paid on the same
17    wage scale as substitute teachers not hired from a staffing
18    firm. This paragraph (4) shall not be construed to require
19    school districts to use staffing firms to hire substitute
20    teachers. School districts shall not contract with
21    temporary staffing firms to circumvent any collective
22    bargaining agreements or State laws, rules, and screening
23    requirements for teachers.
24(Source: P.A. 98-28, eff. 7-1-13; 98-751, eff. 1-1-15; 99-35,
25eff. 1-1-16; 99-58, eff. 7-16-15; 99-143, eff. 7-27-15; 99-642,
26eff. 7-28-16; 99-920, eff. 1-6-17.)