SB2265 103RD GENERAL ASSEMBLY

LRB103 28491 RJT 54872 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2265

Introduced 2/10/2023, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

35 ILCS 5/234 new
105 ILCS 5/2-3.196 new

Amends the School Code. Provides that the State Board of Education shall establish a teacher recruitment and retention program, which shall encourage both new and experienced teachers to seek employment with qualifying public schools by providing for a refundable income tax credit to each participating teacher in the amount of $3,000 per school year for no more than 5 consecutive school years. Contains requirements for participating school districts and participating teachers. Amends the Illinois Income Tax Act establishing the $3,000 tax credit for individuals designated by the State Board of Education as a participating teacher in the teacher recruitment and retention program. Effective July 1, 2023.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Income Tax Act is amended by adding Section 234 as follows:

(35 ILCS 5/234 new)

Sec. 234. Tax credit for teacher recruitment and retention. For taxable years beginning on or after January 1, 2023, an individual designated as a participating teacher by the State Board of Education to the Department under subsection (l) of Section 2-3.196 of the School Code is entitled to a tax credit against the tax imposed by subsections (a) and (b) of Section 201 equal to $3,000. If the total amount of the tax credit provided exceeds the taxpayer's income tax liability for a taxable year, such excess amount shall be refunded to the taxpayer.

This Section is exempt from the provisions of Section 250.

Section 10. The School Code is amended by adding Section 2-3.196 as follows:

(105 ILCS 5/2-3.196 new)

Sec. 2-3.196. Teacher recruitment and retention program.

(a) As used in this Section:

"Participating school" means a qualifying public school that has been selected by the Board to participate in the program.

"Participating school district" means a public school district that has been selected by the Board to participate in the program.

"Participating teacher" means an eligible teacher participating in the program who holds a Professional Educator License under Section 21B-20.

"Institution of higher education" means a public institution of higher education or private institution of higher education, as those terms are defined in Section 1 of the Board of Higher Education Act.

"Program" means the teacher recruitment and retention program established in this Section.

"Qualifying public school" means a public school that is located in a rural area in the State or a school that has performed in the lowest 5% of schools in the State as identified in accordance with the statewide accountability system established in the State plan under the federal Every Student Succeeds Act.

"Recently hired" means a licensed teacher, whether a new or experienced teacher, who has accepted his or her first school year contract to teach at a qualifying public school for the 2023-2024 school year, the current school year, or for the immediately upcoming school year.

"Rural area" means an area that is more than 5 miles from the nearest urbanized area and more than 2.5 miles from the nearest urban cluster.

"School year contract" means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.

"Urban cluster" and "urbanized area" have the meanings given to those terms in the Standards for Defining Metropolitan and Micropolitan Statistical Areas, 65 FR 82227.

(b) The Board shall establish a teacher recruitment and retention program. The purpose of the program shall be to encourage both new and experienced teachers to seek employment with qualifying public schools by providing for a refundable income tax credit, as provided under Section 234 of the Illinois Income Tax Act, to each participating teacher in the amount of $3,000 per school year for no more than 5 consecutive school years, subject to conditions provided for under this Section. The Board may adopt rules as necessary to implement and administer the program.

(c) By October 1 of each year, the Board shall determine which public schools in the State are qualifying public schools and shall publish a list of all qualifying public schools on the Board's website. For the purposes of the program, a school that has been designated as a qualifying public school shall be eligible for selection as a participating school for the current school year and for at least the immediately upcoming school year. The Board shall develop criteria for the selection of no more than 100 participating school districts and shall publish the selection criteria simultaneously with the publication of the list of qualifying school districts on the Board's website.

By December 1 of each year, the Board shall select no more than 100 participating school districts and shall publish a list of all participating school districts on the Board's website. A school district that has been designated as a participating school district shall be eligible to participate in the program for the current school year and for at least the immediately upcoming school year. The Board shall determine the total number of participating teachers authorized for each participating school district.

(d) The Board shall solicit applications from teachers who meet the eligibility criteria provided for in subsections (g), (h), and (i) and may share with participating school districts such applications and related materials submitted by teachers.

(e) The Board may provide guidance and technical assistance to teachers, participating schools, and school districts with participating schools in the program.

(f) The Board shall establish program objectives and shall annually measure and evaluate the program. Beginning with the 2024-2025 school year, and by December 1 of each year, the Board shall file with the Governor and the General Assembly a report covering the immediately preceding school year that includes, but is not limited to, the following information:

(1) the positions filled by participating teachers with corresponding information regarding the subject matter and grade or grades taught; and

(2) the length of time participating teachers have been participating in the program.

(g) In order to participate in the program, a teacher shall:

(1) have been recently hired to teach at a participating school;

(2) have attained a bachelor's degree in education from an institution of higher education with a teacher certification program approved by the Board; and

(3) hold a valid Professional Educator License issued by the Board.

(h) Teachers who meet the eligibility criteria provided in subsection (g) and who wish to participate in the program shall submit to the Board a completed application to participate in the program, on a form and in a manner prescribed by the Board. Each application shall include, but is not limited to:

(1) a copy of a teacher's school year contract to teach at a participating school; and

(2) written verification by the principal or other school personnel of the participating school that the teacher was recently hired as defined under this Section.

(i) Eligible teachers who complete the application process prescribed by the Board shall be accepted to participate in the program on an annual basis, subject to the continuation of the program, the provisions of subsection (m), and for good cause shown by the Board.

(j) A teacher who is accepted by the Board to participate in the program shall be allowed to continue as a participating teacher in the program on an annual basis for up to 5 consecutive school years if he or she remains employed under a school year contract as a teacher at the same school district continuously, regardless of whether the school remains a participating or qualifying public school, and subject to continuation of the program, the provisions of subsection (m), and for good cause shown by the Board.

(k) A participating teacher who is involuntarily transferred to another school within the same participating or qualifying school district shall be eligible to continue participating in the program on the same terms and conditions as provided in subsection (j). A participating teacher who voluntarily transfers to another school is not eligible to continue participating in the program, effective immediately upon the transfer.

A participating teacher who receives an annual performance evaluation of "unsatisfactory" as provided in Sections 24A-5 and 34-85c, shall be permanently ineligible to participate in the program upon the conclusion of the school year in which he or she received such rating.

A participating teacher who lawfully takes a leave of absence pursuant to any State or federal law retains eligibility to continue participating in the program if he or she remains unemployed under a school year contract as teacher at the same school continuously.

(l) By July 31 of each year, the Board shall notify the Department of Revenue of each participating teacher who has satisfied all terms and conditions of the program for the immediately preceding school year.

(m) The number of participating teachers in the program in any school year shall be limited to 1,000 participating teachers statewide. In the discretion of the Board, participation in the program may be determined according to the following order of priority:

(1) Participating teachers shall be prioritized over teachers not yet participating in the program.

(2) Among teachers participating in the program, those with greater seniority in the program shall be prioritized over those with less seniority.

(3) No new applications for the program shall be accepted after December 31, 2033.

Section 99. Effective date. This Act takes effect July 1, 2023.