94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0164


 
Introduced 1/11/2005, by Rep. Monique D. Davis
 
SYNOPSIS AS INTRODUCED:
 		
















105 ILCS 5/21-1
  from Ch. 122, par. 21-1


105 ILCS 5/24-4.1
  from Ch. 122, par. 24-4.1



105 ILCS 5/34-83.1
  from Ch. 122, par. 34-83.1




30 ILCS 805/8.29 new










    Amends the School Code.
Provides that no one may teach in the public schools of this State who is not state-certified and highly qualified as defined in the federal No Child Left Behind Act of 2001. Provides that residency within a school district must be considered in
determining the employment and
compensation of a teacher and  whether to retain, promote, assign, or transfer that
teacher (now, there is a general prohibition).
Amends the State Mandates Act to require
implementation without reimbursement.
Effective August 15, 2005.















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FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB0164

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1
    AN ACT regarding education. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The School Code is amended by changing
Sections 
5
21-1, 24-4.1, and 34-83.1 as follows:


 



6
    (105 ILCS 5/21-1)  (from Ch. 122, par. 21-1)


7
    Sec. 21-1. Qualification of teachers. No one may teach in 
8
the public schools of this State who is not state-certified and 
9
highly qualified as defined in the federal No Child Left Behind 
10
Act of 2001.
11
     No one may be certified to
teach or supervise in the 
12
public schools of this State who is not of
good character, of 
13
good health, a citizen of the United States or
legally present 
14
and authorized for employment, and at least 19 years of age.
An 
15
applicant for a certificate who is not a citizen of the United 
16
States
must sign and file with the State Board of Education a 
17
letter of intent
indicating that either (i) within 10 years 
18
after the date that the letter is
filed or (ii) at the earliest 
19
opportunity after the person becomes eligible to
apply for U.S. 
20
citizenship, the person will apply for U.S. citizenship.

21
    Citizenship is not required for the issuance of a temporary 
22
part-time
certificate to participants in approved training 
23
programs for exchange
students as described in Section 21-10.2.  
24
A certificate issued under
this plan shall expire on June 30 
25
following the date of issue.  One
renewal for one year is 
26
authorized if the holder remains as an official
participant in 
27
an approved exchange program.

28
    In determining good character under this Section, any 
29
felony
conviction of the applicant may be taken into 
30
consideration, but such a
conviction shall not operate as a bar 
31
to registration.

32
    No person otherwise qualified shall be denied the right to 
 


 






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be
certified, to receive training for the purpose of becoming a 
2
teacher or
to engage in practice teaching in any school because 
3
of a physical
disability including but not limited to visual 
4
and hearing
disabilities; nor
shall any school district refuse 
5
to employ a teacher on such grounds,
provided that the person 
6
is able to carry out the duties of the position
for which he 
7
applies.

8
    No person may be granted or continue to hold a teaching 
9
certificate who
has knowingly altered or misrepresented his or 
10
her teaching qualifications
in order to acquire the 
11
certificate.  Any other certificate held by such
person may be 
12
suspended or revoked by the State Teacher Certification
Board, 
13
depending upon the severity of the alteration or 
14
misrepresentation.

15
    No one may teach or supervise in the public schools nor 
16
receive for
teaching or supervising any part of any public 
17
school fund, who does not
hold a certificate of qualification 
18
granted by the State Board of Education
or by the State Teacher 
19
Certification Board and a regional superintendent of
schools as 
20
hereinafter provided, or by the board of education of a city 
21
having
a population exceeding 500,000 inhabitants except as 
22
provided in Section 34-6
and in Section 10-22.34 or Section 
23
10-22.34b. However, the provisions of this
Article do not apply 
24
to a member of the armed forces who is employed as a
teacher of 
25
subjects in the Reserve Officer's Training Corps of any school.

26
Sections 21-2 through 21-24 do not apply to cities having a 
27
population
exceeding 500,000 inhabitants, until July 1, 1988.

28
    Notwithstanding any other provision of this Act, the board 
29
of
education of any school district may grant to a teacher of 
30
the district
a leave of absence with full pay for a period of 
31
not more than one year
to permit such teacher to teach in a 
32
foreign state under the provisions
of the Exchange Teacher 
33
Program established under Public Law 584, 79th
Congress, and 
34
Public Law 402, 80th Congress, as amended.  The school
board 
35
granting such leave of absence may employ with or without pay a

36
national of the foreign state wherein the teacher on leave of 
 


 






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absence
will teach, if the national is qualified to teach in 
2
that foreign state,
and if that national will teach in a grade 
3
level similar to the one
which was taught in such foreign 
4
state. The State Board of Education
shall promulgate and 
5
enforce such reasonable rules as may be
necessary to effectuate 
6
this paragraph.

7
(Source: P.A. 93-572, eff. 1-1-04.)


 



8
    (105 ILCS 5/24-4.1)  (from Ch. 122, par. 24-4.1)



9
    Sec. 24-4.1. Residence requirements.) Residency within a

10
any school district
must
shall not be considered in determining 
11
the employment and
or the compensation
of a teacher and
or

12
whether to retain, promote, assign, or transfer that teacher. 

13
(Source: P.A. 82-381.)

 
14
    (105 ILCS 5/34-83.1)  (from Ch. 122, par. 34-83.1)

15
    Sec. 34-83.1. Residence requirements.   Residency within a

16
any school district
governed by this Article must , if not 
17
required at the time of employment as a
qualification of 
18
employment, shall not be considered in determining the

19
employment and
the
compensation of a teacher and
or whether to 
20
retain, promote, assign, or
transfer
that teacher.


21
(Source: P.A. 82-381.)


 
22
    Section 90. The State Mandates Act is amended by adding 
23
Section 8.29 as
follows:


 
24
    (30 ILCS 805/8.29 new)

25
    Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 
26
of this
Act, no reimbursement by the State is required for the 
27
implementation of
any mandate created by this amendatory Act of 
28
the 94th General Assembly.

 
29
    Section 99. Effective date. This Act takes effect August 
30
15, 2005.