101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4382

 

Introduced 1/29/2020, by Rep. Dan Caulkins

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/21B-45

    Amends the Educator Licensure Article of the School Code. Provides for the reinstatement of a lapsed Professional Educator License upon the payment by the applicant of the lesser of a $100 penalty or a $10 penalty for each year the license has lapsed (rather than a $500 penalty). Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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-45 as follows:
 
6    (105 ILCS 5/21B-45)
7    Sec. 21B-45. Professional Educator License renewal.
8    (a) Individuals holding a Professional Educator License
9are required to complete the licensure renewal requirements as
10specified in this Section, unless otherwise provided in this
11Code.
12    Individuals holding a Professional Educator License shall
13meet the renewal requirements set forth in this Section, unless
14otherwise provided in this Code. If an individual holds a
15license endorsed in more than one area that has different
16renewal requirements, that individual shall follow the renewal
17requirements for the position for which he or she spends the
18majority of his or her time working.
19    (b) All Professional Educator Licenses not renewed as
20provided in this Section shall lapse on September 1 of that
21year. Notwithstanding any other provisions of this Section, if
22a license holder's electronic mail address is available, the
23State Board of Education shall send him or her notification

 

 

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1electronically that his or her license will lapse if not
2renewed, to be sent no more than 6 months prior to the license
3lapsing. Lapsed licenses may be immediately reinstated upon (i)
4payment to the State Board of Education by the applicant of the
5lesser of a $100 $500 penalty or a $10 penalty for each year
6the license has lapsed to the State Board of Education or (ii)
7the demonstration of proficiency by completing 9 semester hours
8of coursework from a regionally accredited institution of
9higher education in the content area that most aligns with one
10or more of the educator's endorsement areas. Any and all back
11fees, including without limitation registration fees owed from
12the time of expiration of the license until the date of
13reinstatement, shall be paid and kept in accordance with the
14provisions in Article 3 of this Code concerning an institute
15fund and the provisions in Article 21B of this Code concerning
16fees and requirements for registration. Licenses not
17registered in accordance with Section 21B-40 of this Code shall
18lapse after a period of 6 months from the expiration of the
19last year of registration or on January 1 of the fiscal year
20following initial issuance of the license. An unregistered
21license is invalid after September 1 for employment and
22performance of services in an Illinois public or State-operated
23school or cooperative and in a charter school. Any license or
24endorsement may be voluntarily surrendered by the license
25holder. A voluntarily surrendered license, except a substitute
26teaching license issued under Section 21B-20 of this Code,

 

 

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1shall be treated as a revoked license. An Educator License with
2Stipulations with only a paraprofessional endorsement does not
3lapse.
4    (c) From July 1, 2013 through June 30, 2014, in order to
5satisfy the requirements for licensure renewal provided for in
6this Section, each professional educator licensee with an
7administrative endorsement who is working in a position
8requiring such endorsement shall complete one Illinois
9Administrators' Academy course, as described in Article 2 of
10this Code, per fiscal year.
11    (d) Beginning July 1, 2014, in order to satisfy the
12requirements for licensure renewal provided for in this
13Section, each professional educator licensee may create a
14professional development plan each year. The plan shall address
15one or more of the endorsements that are required of his or her
16educator position if the licensee is employed and performing
17services in an Illinois public or State-operated school or
18cooperative. If the licensee is employed in a charter school,
19the plan shall address that endorsement or those endorsements
20most closely related to his or her educator position. Licensees
21employed and performing services in any other Illinois schools
22may participate in the renewal requirements by adhering to the
23same process.
24    Except as otherwise provided in this Section, the
25licensee's professional development activities shall align
26with one or more of the following criteria:

 

 

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1        (1) activities are of a type that engage participants
2    over a sustained period of time allowing for analysis,
3    discovery, and application as they relate to student
4    learning, social or emotional achievement, or well-being;
5        (2) professional development aligns to the licensee's
6    performance;
7        (3) outcomes for the activities must relate to student
8    growth or district improvement;
9        (4) activities align to State-approved standards; and
10        (5) higher education coursework.
11    (e) For each renewal cycle, each professional educator
12licensee shall engage in professional development activities.
13Prior to renewal, the licensee shall enter electronically into
14the Educator Licensure Information System (ELIS) the name,
15date, and location of the activity, the number of professional
16development hours, and the provider's name. The following
17provisions shall apply concerning professional development
18activities:
19        (1) Each licensee shall complete a total of 120 hours
20    of professional development per 5-year renewal cycle in
21    order to renew the license, except as otherwise provided in
22    this Section.
23        (2) Beginning with his or her first full 5-year cycle,
24    any licensee with an administrative endorsement who is not
25    working in a position requiring such endorsement is not
26    required to complete Illinois Administrators' Academy

 

 

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1    courses, as described in Article 2 of this Code. Such
2    licensees must complete one Illinois Administrators'
3    Academy course within one year after returning to a
4    position that requires the administrative endorsement.
5        (3) Any licensee with an administrative endorsement
6    who is working in a position requiring such endorsement or
7    an individual with a Teacher Leader endorsement serving in
8    an administrative capacity at least 50% of the day shall
9    complete one Illinois Administrators' Academy course, as
10    described in Article 2 of this Code, each fiscal year in
11    addition to 100 hours of professional development per
12    5-year renewal cycle in accordance with this Code.
13        (4) Any licensee holding a current National Board for
14    Professional Teaching Standards (NBPTS) master teacher
15    designation shall complete a total of 60 hours of
16    professional development per 5-year renewal cycle in order
17    to renew the license.
18        (5) Licensees working in a position that does not
19    require educator licensure or working in a position for
20    less than 50% for any particular year are considered to be
21    exempt and shall be required to pay only the registration
22    fee in order to renew and maintain the validity of the
23    license.
24        (6) Licensees who are retired and qualify for benefits
25    from a State of Illinois retirement system shall notify the
26    State Board of Education using ELIS, and the license shall

 

 

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1    be maintained in retired status. For any renewal cycle in
2    which a licensee retires during the renewal cycle, the
3    licensee must complete professional development activities
4    on a prorated basis depending on the number of years during
5    the renewal cycle the educator held an active license. If a
6    licensee retires during a renewal cycle, the licensee must
7    notify the State Board of Education using ELIS that the
8    licensee wishes to maintain the license in retired status
9    and must show proof of completion of professional
10    development activities on a prorated basis for all years of
11    that renewal cycle for which the license was active. An
12    individual with a license in retired status shall not be
13    required to complete professional development activities
14    or pay registration fees until returning to a position that
15    requires educator licensure. Upon returning to work in a
16    position that requires the Professional Educator License,
17    the licensee shall immediately pay a registration fee and
18    complete renewal requirements for that year. A license in
19    retired status cannot lapse. Beginning on January 6, 2017
20    (the effective date of Public Act 99-920) through December
21    31, 2017, any licensee who has retired and whose license
22    has lapsed for failure to renew as provided in this Section
23    may reinstate that license and maintain it in retired
24    status upon providing proof to the State Board of Education
25    using ELIS that the licensee is retired and is not working
26    in a position that requires a Professional Educator

 

 

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1    License.
2        (7) For any renewal cycle in which professional
3    development hours were required, but not fulfilled, the
4    licensee shall complete any missed hours to total the
5    minimum professional development hours required in this
6    Section prior to September 1 of that year. Professional
7    development hours used to fulfill the minimum required
8    hours for a renewal cycle may be used for only one renewal
9    cycle. For any fiscal year or renewal cycle in which an
10    Illinois Administrators' Academy course was required but
11    not completed, the licensee shall complete any missed
12    Illinois Administrators' Academy courses prior to
13    September 1 of that year. The licensee may complete all
14    deficient hours and Illinois Administrators' Academy
15    courses while continuing to work in a position that
16    requires that license until September 1 of that year.
17        (8) Any licensee who has not fulfilled the professional
18    development renewal requirements set forth in this Section
19    at the end of any 5-year renewal cycle is ineligible to
20    register his or her license and may submit an appeal to the
21    State Superintendent of Education for reinstatement of the
22    license.
23        (9) If professional development opportunities were
24    unavailable to a licensee, proof that opportunities were
25    unavailable and request for an extension of time beyond
26    August 31 to complete the renewal requirements may be

 

 

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1    submitted from April 1 through June 30 of that year to the
2    State Educator Preparation and Licensure Board. If an
3    extension is approved, the license shall remain valid
4    during the extension period.
5        (10) Individuals who hold exempt licenses prior to
6    December 27, 2013 (the effective date of Public Act 98-610)
7    shall commence the annual renewal process with the first
8    scheduled registration due after December 27, 2013 (the
9    effective date of Public Act 98-610).
10        (11) Notwithstanding any other provision of this
11    subsection (e), if a licensee earns more than the required
12    number of professional development hours during a renewal
13    cycle, then the licensee may carry over any hours earned
14    from April 1 through June 30 of the last year of the
15    renewal cycle. Any hours carried over in this manner must
16    be applied to the next renewal cycle. Illinois
17    Administrators' Academy courses or hours earned in those
18    courses may not be carried over.
19    (f) At the time of renewal, each licensee shall respond to
20the required questions under penalty of perjury.
21    (g) The following entities shall be designated as approved
22to provide professional development activities for the renewal
23of Professional Educator Licenses:
24        (1) The State Board of Education.
25        (2) Regional offices of education and intermediate
26    service centers.

 

 

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1        (3) Illinois professional associations representing
2    the following groups that are approved by the State
3    Superintendent of Education:
4            (A) school administrators;
5            (B) principals;
6            (C) school business officials;
7            (D) teachers, including special education
8        teachers;
9            (E) school boards;
10            (F) school districts;
11            (G) parents; and
12            (H) school service personnel.
13        (4) Regionally accredited institutions of higher
14    education that offer Illinois-approved educator
15    preparation programs and public community colleges subject
16    to the Public Community College Act.
17        (5) Illinois public school districts, charter schools
18    authorized under Article 27A of this Code, and joint
19    educational programs authorized under Article 10 of this
20    Code for the purposes of providing career and technical
21    education or special education services.
22        (6) A not-for-profit organization that, as of December
23    31, 2014 (the effective date of Public Act 98-1147), has
24    had or has a grant from or a contract with the State Board
25    of Education to provide professional development services
26    in the area of English Learning to Illinois school

 

 

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1    districts, teachers, or administrators.
2        (7) State agencies, State boards, and State
3    commissions.
4        (8) Museums as defined in Section 10 of the Museum
5    Disposition of Property Act.
6    (h) Approved providers under subsection (g) of this Section
7shall make available professional development opportunities
8that satisfy at least one of the following:
9        (1) increase the knowledge and skills of school and
10    district leaders who guide continuous professional
11    development;
12        (2) improve the learning of students;
13        (3) organize adults into learning communities whose
14    goals are aligned with those of the school and district;
15        (4) deepen educator's content knowledge;
16        (5) provide educators with research-based
17    instructional strategies to assist students in meeting
18    rigorous academic standards;
19        (6) prepare educators to appropriately use various
20    types of classroom assessments;
21        (7) use learning strategies appropriate to the
22    intended goals;
23        (8) provide educators with the knowledge and skills to
24    collaborate; or
25        (9) prepare educators to apply research to
26    decision-making.

 

 

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1    (i) Approved providers under subsection (g) of this Section
2shall do the following:
3        (1) align professional development activities to the
4    State-approved national standards for professional
5    learning;
6        (2) meet the professional development criteria for
7    Illinois licensure renewal;
8        (3) produce a rationale for the activity that explains
9    how it aligns to State standards and identify the
10    assessment for determining the expected impact on student
11    learning or school improvement;
12        (4) maintain original documentation for completion of
13    activities;
14        (5) provide license holders with evidence of
15    completion of activities; and
16        (6) request an Illinois Educator Identification Number
17    (IEIN) for each educator during each professional
18    development activity.
19    (j) The State Board of Education shall conduct annual
20audits of a subset of approved providers, except for school
21districts, which shall be audited by regional offices of
22education and intermediate service centers. The State Board of
23Education shall ensure that each approved provider, except for
24a school district, is audited at least once every 5 years. The
25State Board of Education may conduct more frequent audits of
26providers if evidence suggests the requirements of this Section

 

 

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1or administrative rules are not being met. The State Board of
2Education shall complete random audits of licensees.
3        (1) (Blank).
4        (2) Approved providers shall comply with the
5    requirements in subsections (h) and (i) of this Section by
6    annually submitting data to the State Board of Education
7    demonstrating how the professional development activities
8    impacted one or more of the following:
9            (A) educator and student growth in regards to
10        content knowledge or skills, or both;
11            (B) educator and student social and emotional
12        growth; or
13            (C) alignment to district or school improvement
14        plans.
15        (3) The State Superintendent of Education shall review
16    the annual data collected by the State Board of Education,
17    regional offices of education, and intermediate service
18    centers in audits to determine if the approved provider has
19    met the criteria and should continue to be an approved
20    provider or if further action should be taken as provided
21    in rules.
22    (k) Registration fees shall be paid for the next renewal
23cycle between April 1 and June 30 in the last year of each
245-year renewal cycle using ELIS. If all required professional
25development hours for the renewal cycle have been completed and
26entered by the licensee, the licensee shall pay the

 

 

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1registration fees for the next cycle using a form of credit or
2debit card.
3    (l) Any professional educator licensee endorsed for school
4support personnel who is employed and performing services in
5Illinois public schools and who holds an active and current
6professional license issued by the Department of Financial and
7Professional Regulation or a national certification board, as
8approved by the State Board of Education, related to the
9endorsement areas on the Professional Educator License shall be
10deemed to have satisfied the continuing professional
11development requirements provided for in this Section. Such
12individuals shall be required to pay only registration fees to
13renew the Professional Educator License. An individual who does
14not hold a license issued by the Department of Financial and
15Professional Regulation shall complete professional
16development requirements for the renewal of a Professional
17Educator License provided for in this Section.
18    (m) Appeals to the State Educator Preparation and Licensure
19Board must be made within 30 days after receipt of notice from
20the State Superintendent of Education that a license will not
21be renewed based upon failure to complete the requirements of
22this Section. A licensee may appeal that decision to the State
23Educator Preparation and Licensure Board in a manner prescribed
24by rule.
25        (1) Each appeal shall state the reasons why the State
26    Superintendent's decision should be reversed and shall be

 

 

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1    sent by certified mail, return receipt requested, to the
2    State Board of Education.
3        (2) The State Educator Preparation and Licensure Board
4    shall review each appeal regarding renewal of a license
5    within 90 days after receiving the appeal in order to
6    determine whether the licensee has met the requirements of
7    this Section. The State Educator Preparation and Licensure
8    Board may hold an appeal hearing or may make its
9    determination based upon the record of review, which shall
10    consist of the following:
11            (A) the regional superintendent of education's
12        rationale for recommending nonrenewal of the license,
13        if applicable;
14            (B) any evidence submitted to the State
15        Superintendent along with the individual's electronic
16        statement of assurance for renewal; and
17            (C) the State Superintendent's rationale for
18        nonrenewal of the license.
19        (3) The State Educator Preparation and Licensure Board
20    shall notify the licensee of its decision regarding license
21    renewal by certified mail, return receipt requested, no
22    later than 30 days after reaching a decision. Upon receipt
23    of notification of renewal, the licensee, using ELIS, shall
24    pay the applicable registration fee for the next cycle
25    using a form of credit or debit card.
26    (n) The State Board of Education may adopt rules as may be

 

 

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1necessary to implement this Section.
2(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15;
399-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17;
4100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff.
57-1-18; 100-863, eff. 8-14-18.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.