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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Sections |
5 | | 10-20.21, 21B-40, and 21B-50 as follows:
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6 | | (105 ILCS 5/10-20.21)
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7 | | Sec. 10-20.21. Contracts.
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8 | | (a)
To award all contracts for
purchase of supplies and |
9 | | materials or work involving an expenditure in excess of $25,000 |
10 | | or a lower amount as required by board policy
to the lowest |
11 | | responsible bidder, considering conformity with
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12 | | specifications, terms of delivery, quality and serviceability, |
13 | | after due
advertisement, except the following: (i) contracts |
14 | | for the services of
individuals possessing a high degree of |
15 | | professional skill where the
ability or fitness of the |
16 | | individual plays an important part; (ii)
contracts for the |
17 | | printing of finance committee reports and departmental
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18 | | reports; (iii) contracts for the printing or engraving of |
19 | | bonds, tax
warrants and other evidences of indebtedness; (iv) |
20 | | contracts for the
purchase of perishable foods and perishable |
21 | | beverages; (v) contracts for
materials and work which have been |
22 | | awarded to the lowest responsible bidder
after due |
23 | | advertisement, but due to unforeseen revisions, not the fault |
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1 | | of
the contractor for materials and work, must be revised |
2 | | causing expenditures
not in excess of 10% of the contract |
3 | | price; (vi)
contracts for the maintenance or servicing of, or |
4 | | provision of
repair parts for, equipment which are made with |
5 | | the manufacturer or
authorized service agent of that equipment |
6 | | where the provision of parts,
maintenance, or servicing can |
7 | | best be performed by the manufacturer or
authorized service |
8 | | agent; (vii) purchases and contracts for the use,
purchase, |
9 | | delivery, movement, or installation of data processing |
10 | | equipment,
software, or services and telecommunications and |
11 | | interconnect
equipment, software, and services; (viii) |
12 | | contracts for duplicating
machines and supplies; (ix) |
13 | | contracts for the purchase of fuel, including diesel, gasoline, |
14 | | oil, aviation, natural gas, or propane, lubricants, or other |
15 | | petroleum products natural gas when
the cost is less than that |
16 | | offered by a public utility ; (x) purchases of
equipment |
17 | | previously owned by some entity other than the district
itself; |
18 | | (xi) contracts for repair, maintenance, remodeling, |
19 | | renovation, or
construction, or a single project involving an |
20 | | expenditure not to exceed
$50,000 and not involving a change or |
21 | | increase in the size, type, or extent
of an existing facility; |
22 | | (xii) contracts for goods or services procured
from another |
23 | | governmental agency; (xiii) contracts for goods or services
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24 | | which are economically procurable from only one source, such as |
25 | | for the
purchase of magazines, books, periodicals, pamphlets |
26 | | and reports, and for
utility services such as water, light, |
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1 | | heat, telephone or telegraph;
(xiv) where funds are expended in |
2 | | an emergency and such emergency
expenditure is approved by 3/4 |
3 | | of the members of the board; (xv) State master contracts |
4 | | authorized under Article 28A of this Code; and (xvi) contracts |
5 | | providing for the transportation of pupils, which contracts |
6 | | must be advertised in the same manner as competitive bids and |
7 | | awarded by first considering the bidder or bidders most able to |
8 | | provide safety and comfort for the pupils, stability of |
9 | | service, and any other factors set forth in the request for |
10 | | proposal regarding quality of service, and then price. However, |
11 | | at no time shall a cause of action lie against a school board |
12 | | for awarding a pupil transportation contract per the standards |
13 | | set forth in this subsection (a) unless the cause of action is |
14 | | based on fraudulent conduct. |
15 | | All competitive
bids for contracts involving an |
16 | | expenditure in excess of $25,000 or a lower amount as required |
17 | | by board policy must be
sealed by the bidder and must be opened |
18 | | by a member or employee of the
school board at a public bid |
19 | | opening at which the contents of the bids
must be announced. |
20 | | Each bidder must receive at least 3 days' notice of the
time |
21 | | and place of the bid opening. For purposes of this Section due
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22 | | advertisement includes, but is not limited to, at least one |
23 | | public notice
at least 10 days before the bid date in a |
24 | | newspaper published in the
district, or if no newspaper is |
25 | | published in the district, in a newspaper
of general |
26 | | circulation in the area of the district. State master contracts |
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1 | | and certified education purchasing contracts, as defined in |
2 | | Article 28A of this Code, are not subject to the requirements |
3 | | of this paragraph.
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4 | | Under this Section, the acceptance of bids sealed by a |
5 | | bidder and the opening of these bids at a public bid opening |
6 | | may be permitted by an electronic process for communicating, |
7 | | accepting, and opening competitive bids. However, bids for |
8 | | construction purposes are prohibited from being communicated, |
9 | | accepted, or opened electronically. An electronic bidding |
10 | | process must provide for, but is not limited to, the following |
11 | | safeguards: |
12 | | (1) On the date and time certain of a bid opening, the |
13 | | primary person conducting the competitive, sealed, |
14 | | electronic bid process shall log onto a specified database |
15 | | using a unique username and password previously assigned to |
16 | | the bidder to allow access to the bidder's specific bid |
17 | | project number. |
18 | | (2) The specified electronic database must be on a |
19 | | network that (i) is in a secure environment behind a |
20 | | firewall; (ii) has specific encryption tools; (iii) |
21 | | maintains specific intrusion detection systems; (iv) has |
22 | | redundant systems architecture with data storage back-up, |
23 | | whether by compact disc or tape; and (v) maintains a |
24 | | disaster recovery plan.
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25 | | It is the legislative intent of Public Act 96-841 to maintain |
26 | | the integrity of the sealed bidding process provided for in |
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1 | | this Section, to further limit any possibility of bid-rigging, |
2 | | to reduce administrative costs to school districts, and to |
3 | | effect efficiencies in communications with bidders. |
4 | | (b) To require, as a condition of any contract for goods |
5 | | and services,
that persons
bidding for and awarded a contract |
6 | | and all affiliates of the person collect and
remit
Illinois Use |
7 | | Tax on all sales of tangible personal property into the State |
8 | | of
Illinois in
accordance with the provisions of the Illinois |
9 | | Use Tax Act regardless of whether
the
person or affiliate is a |
10 | | "retailer maintaining a place of business within this
State" as
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11 | | defined in Section 2 of the Use Tax Act. For purposes of this |
12 | | Section, the term
"affiliate"
means any entity that (1) |
13 | | directly, indirectly, or constructively controls
another |
14 | | entity, (2)
is directly, indirectly, or constructively |
15 | | controlled by another entity, or (3)
is subject to
the control |
16 | | of a common entity. For purposes of this subsection (b), an |
17 | | entity
controls
another entity if it owns, directly or |
18 | | individually, more than 10% of the
voting
securities
of that |
19 | | entity. As used in this subsection (b), the term "voting |
20 | | security"
means a security
that (1) confers upon the holder the |
21 | | right to vote for the election of members
of the board
of |
22 | | directors or similar governing body of the business or (2) is |
23 | | convertible
into, or entitles
the holder to receive upon its |
24 | | exercise, a security that confers such a right
to
vote. A
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25 | | general partnership interest is a voting security.
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26 | | To require that bids and contracts include a certification |
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1 | | by the bidder
or
contractor that the bidder or contractor is |
2 | | not barred from bidding for or
entering into a
contract under |
3 | | this Section and that the bidder or contractor acknowledges |
4 | | that
the school
board may declare the contract void if the |
5 | | certification completed pursuant to
this
subsection (b) is |
6 | | false.
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7 | | (b-5) To require all contracts and agreements that pertain |
8 | | to goods and services and that are intended to generate |
9 | | additional revenue and other remunerations for the school |
10 | | district in excess of $1,000, including without limitation |
11 | | vending machine contracts, sports and other attire, class |
12 | | rings, and photographic services, to be approved by the school |
13 | | board. The school board shall file as an attachment to its |
14 | | annual budget a report, in a form as determined by the State |
15 | | Board of Education, indicating for the prior year the name of |
16 | | the vendor, the product or service provided, and the actual net |
17 | | revenue and non-monetary remuneration from each of the |
18 | | contracts or agreements. In addition, the report shall indicate |
19 | | for what purpose the revenue was used and how and to whom the |
20 | | non-monetary remuneration was distributed.
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21 | | (b-10) To prohibit any contract to purchase food with a |
22 | | bidder or offeror if the bidder's or offeror's contract terms |
23 | | prohibit the school from donating food to food banks, |
24 | | including, but not limited to, homeless shelters, food |
25 | | pantries, and soup kitchens. |
26 | | (c) If the State education purchasing entity creates a |
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1 | | master contract as defined in Article 28A of this Code, then |
2 | | the State education purchasing entity shall notify school |
3 | | districts of the existence of the master contract. |
4 | | (d) In purchasing supplies, materials, equipment, or |
5 | | services that are not subject to subsection (c) of this |
6 | | Section, before a school district solicits bids or awards a |
7 | | contract, the district may review and consider as a bid under |
8 | | subsection (a) of this Section certified education purchasing |
9 | | contracts that are already available through the State |
10 | | education purchasing entity. |
11 | | (Source: P.A. 99-552, eff. 7-15-16.)
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12 | | (105 ILCS 5/21B-40) |
13 | | Sec. 21B-40. Fees. |
14 | | (a) Beginning with the start of the new licensure system |
15 | | established pursuant to this Article, the following fees shall |
16 | | be charged to applicants: |
17 | | (1) A $100 application fee for a Professional Educator |
18 | | License or an Educator License with Stipulations. |
19 | | Beginning on July 1, 2018, the license renewal fee for an |
20 | | Educator License with Stipulations with a paraprofessional |
21 | | educator endorsement shall be $25. |
22 | | (1.5) A $50 application fee for a Substitute Teaching |
23 | | License. If the application for a Substitute Teaching |
24 | | License is made and granted after July 1, 2017, the |
25 | | licensee may apply for a refund of the application fee |
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1 | | within 18 months of issuance of the new license and shall |
2 | | be issued that refund by the State Board of Education if |
3 | | the licensee provides evidence to the State Board of |
4 | | Education that the licensee has taught pursuant to the |
5 | | Substitute Teaching License at least 10 full school days |
6 | | within one year of issuance. |
7 | | (1.7) A $25 application fee for a Short-Term Substitute |
8 | | Teaching License. The Short-Term Substitute Teaching |
9 | | License must be registered in at least one region in this |
10 | | State, but does not require a registration fee. The |
11 | | licensee may apply for a refund of the application fee |
12 | | within 18 months of issuance of the new license and shall |
13 | | be issued that refund by the State Board of Education if |
14 | | the licensee provides evidence to the State Board of |
15 | | Education that the licensee has taught pursuant to the |
16 | | Short-Term Substitute Teaching License at least 10 full |
17 | | school days within one year of issuance. |
18 | | (2) A $150 application fee for individuals who have not |
19 | | been entitled by an Illinois-approved educator preparation |
20 | | program at an Illinois institution of higher education and |
21 | | are seeking any of the licenses set forth in subdivision |
22 | | (1) of this subsection (a). |
23 | | (3) A $50 application fee for each endorsement or |
24 | | approval. |
25 | | (4) A $10 per year registration fee for the course of |
26 | | the validity cycle to register the license, which shall be |
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1 | | paid to the regional office of education having supervision |
2 | | and control over the school in which the individual holding |
3 | | the license is to be employed. If the individual holding |
4 | | the license is not yet employed, then the license may be |
5 | | registered in any county in this State. The registration |
6 | | fee must be paid in its entirety the first time the |
7 | | individual registers the license for a particular validity |
8 | | period in a single region. No additional fee may be charged |
9 | | for that validity period should the individual |
10 | | subsequently register the license in additional regions. |
11 | | An individual must register the license (i) immediately |
12 | | after initial issuance of the license and (ii) at the |
13 | | beginning of each renewal cycle if the individual has |
14 | | satisfied the renewal requirements required under this |
15 | | Code. |
16 | | Beginning on July 1, 2017, at the beginning of each |
17 | | renewal cycle, individuals who hold a Substitute Teaching |
18 | | License may apply for a reimbursement of the registration |
19 | | fee within 18 months of renewal and shall be issued that |
20 | | reimbursement by the State Board of Education from funds |
21 | | appropriated for that purpose if the licensee provides |
22 | | evidence to the State Board of Education that the licensee |
23 | | has taught pursuant to the Substitute Teaching License at |
24 | | least 10 full school days within one year of renewal. |
25 | | (5) The license renewal fee for an Educator License |
26 | | with Stipulations with a paraprofessional educator |
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1 | | endorsement is $25. |
2 | | (b) All application fees paid pursuant to subdivisions (1) |
3 | | through (3) of subsection (a) of this Section shall be |
4 | | deposited into the Teacher Certificate Fee Revolving Fund and |
5 | | shall be used, subject to appropriation, by the State Board of |
6 | | Education to provide the technology and human resources |
7 | | necessary for the timely and efficient processing of |
8 | | applications and for the renewal of licenses. Funds available |
9 | | from the Teacher Certificate Fee Revolving Fund may also be |
10 | | used by the State Board of Education to support the recruitment |
11 | | and retention of educators, to support educator preparation |
12 | | programs as they seek national accreditation, and to provide |
13 | | professional development aligned with the requirements set |
14 | | forth in Section 21B-45 of this Code. A majority of the funds |
15 | | in the Teacher Certificate Fee Revolving Fund must be dedicated |
16 | | to the timely and efficient processing of applications and for |
17 | | the renewal of licenses. The Teacher Certificate Fee Revolving |
18 | | Fund is not subject to administrative charge transfers, |
19 | | authorized under Section 8h of the State Finance Act, from the |
20 | | Teacher Certificate Fee Revolving Fund into any other fund of |
21 | | this State, and moneys in the Teacher Certificate Fee Revolving |
22 | | Fund shall not revert back to the General Revenue Fund at any |
23 | | time. |
24 | | The regional superintendent of schools shall deposit the |
25 | | registration fees paid pursuant to subdivision (4) of |
26 | | subsection (a) of this Section into the institute fund |
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1 | | established pursuant to Section 3-11 of this Code. |
2 | | (c) The State Board of Education and each regional office |
3 | | of education are authorized to charge a service or convenience |
4 | | fee for the use of credit cards for the payment of license |
5 | | fees. This service or convenience fee shall not exceed the |
6 | | amount required by the credit card processing company or vendor |
7 | | that has entered into a contract with the State Board or |
8 | | regional office of education for this purpose, and the fee must |
9 | | be paid to that company or vendor. |
10 | | (d) If, at the time a certificate issued under Article 21 |
11 | | of this Code is exchanged for a license issued under this |
12 | | Article, a person has paid registration fees for any years of |
13 | | the validity period of the certificate and these years have not |
14 | | expired when the certificate is exchanged, then those fees must |
15 | | be applied to the registration of the new license.
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16 | | (Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; |
17 | | 100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff. |
18 | | 8-10-18; revised 10-1-18.) |
19 | | (105 ILCS 5/21B-50) |
20 | | Sec. 21B-50. Alternative educator licensure program. |
21 | | (a) There is established an alternative educator licensure |
22 | | program, to be known as the Alternative Educator Licensure |
23 | | Program for Teachers. |
24 | | (b) The Alternative Educator Licensure Program for |
25 | | Teachers may be offered by a recognized institution approved to |
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1 | | offer educator preparation programs by the State Board of |
2 | | Education, in consultation with the State Educator Preparation |
3 | | and Licensure Board. |
4 | | The program shall be comprised of 4 phases: |
5 | | (1) A course of study that at a minimum includes |
6 | | instructional planning; instructional strategies, |
7 | | including special education, reading, and English language |
8 | | learning; classroom management; and the assessment of |
9 | | students and use of data to drive instruction. |
10 | | (2) A year of residency, which is a candidate's |
11 | | assignment to a full-time teaching position or as a |
12 | | co-teacher for one full school year. An individual must |
13 | | hold an Educator License with Stipulations with an |
14 | | alternative provisional educator endorsement in order to |
15 | | enter the residency and must complete additional program |
16 | | requirements that address required State and national |
17 | | standards, pass the State Board's teacher performance |
18 | | assessment of professional teaching before entering the |
19 | | second residency year, as required under phase (3) of this |
20 | | subsection (b), and be recommended by the principal or |
21 | | qualified equivalent of a principal, as required under |
22 | | subsection (d) of this Section, and the program coordinator |
23 | | to continue with the second year of the residency. |
24 | | (3) A second year of residency, which shall include the |
25 | | candidate's assignment to a full-time teaching position |
26 | | for one school year. The candidate must be assigned an |
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1 | | experienced teacher to act as a mentor and coach the |
2 | | candidate through the second year of residency. |
3 | | (4) A comprehensive assessment of the candidate's |
4 | | teaching effectiveness, as evaluated by the principal or |
5 | | qualified equivalent of a principal, as required under |
6 | | subsection (d) of this Section, and the program |
7 | | coordinator, at the end of the second year of residency. If |
8 | | there is disagreement between the 2 evaluators about the |
9 | | candidate's teaching effectiveness, the candidate may |
10 | | complete one additional year of residency teaching under a |
11 | | professional development plan developed by the principal |
12 | | or qualified equivalent and the preparation program. At the |
13 | | completion of the third year, a candidate must have |
14 | | positive evaluations and a recommendation for full |
15 | | licensure from both the principal or qualified equivalent |
16 | | and the program coordinator or no Professional Educator |
17 | | License shall be issued. |
18 | | Successful completion of the program shall be deemed to |
19 | | satisfy any other practice or student teaching and content |
20 | | matter requirements established by law. |
21 | | (c) An alternative provisional educator endorsement on an |
22 | | Educator License with Stipulations is valid for 2 years of |
23 | | teaching in the public schools, including without limitation a |
24 | | preschool educational program under Section 2-3.71 of this Code |
25 | | or charter school, or in a State-recognized nonpublic school in |
26 | | which the chief administrator is required to have the licensure |
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1 | | necessary to be a principal in a public school in this State |
2 | | and in which a majority of the teachers are required to have |
3 | | the licensure necessary to be instructors in a public school in |
4 | | this State, but may be renewed for a third year if needed to |
5 | | complete the Alternative Educator Licensure Program for |
6 | | Teachers. The endorsement shall be issued only once to an |
7 | | individual who meets all of the following requirements: |
8 | | (1) Has graduated from a regionally accredited college |
9 | | or university with a bachelor's degree or higher. |
10 | | (2) Has a cumulative grade point average of 3.0 or |
11 | | greater on a 4.0 scale or its equivalent on another scale. |
12 | | (3) Has completed a major in the content area if |
13 | | seeking a middle or secondary level endorsement or, if |
14 | | seeking an early childhood, elementary, or special |
15 | | education endorsement, has completed a major in the content |
16 | | area of reading, English/language arts, mathematics, or |
17 | | one of the sciences. If the individual does not have a |
18 | | major in a content area for any level of teaching, he or |
19 | | she must submit transcripts to the State Board of Education |
20 | | to be reviewed for equivalency. |
21 | | (4) Has successfully completed phase (1) of subsection |
22 | | (b) of this Section. |
23 | | (5) Has passed a test of basic skills and content area |
24 | | test required for the specific endorsement for admission |
25 | | into the program, as required under Section 21B-30 of this |
26 | | Code. |
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1 | | A candidate possessing the alternative provisional |
2 | | educator endorsement may receive a salary, benefits, and any |
3 | | other terms of employment offered to teachers in the school who |
4 | | are members of an exclusive bargaining representative, if any, |
5 | | but a school is not required to provide these benefits during |
6 | | the years of residency if the candidate is serving only as a |
7 | | co-teacher. If the candidate is serving as the teacher of |
8 | | record, the candidate must receive a salary, benefits, and any |
9 | | other terms of employment. Residency experiences must not be |
10 | | counted towards tenure. |
11 | | (d) The recognized institution offering the Alternative |
12 | | Educator Licensure Program for Teachers must partner with a |
13 | | school district, including without limitation a preschool |
14 | | educational program under Section 2-3.71 of this Code or |
15 | | charter school, or a State-recognized, nonpublic school in this |
16 | | State in which the chief administrator is required to have the |
17 | | licensure necessary to be a principal in a public school in |
18 | | this State and in which a majority of the teachers are required |
19 | | to have the licensure necessary to be instructors in a public |
20 | | school in this State. A recognized institution that partners |
21 | | with a public school district administering a preschool |
22 | | educational program under Section 2-3.71 of this Code must |
23 | | require a principal to recommend or evaluate candidates in the |
24 | | program. A recognized institution that partners with an |
25 | | eligible entity administering a preschool educational program |
26 | | under Section 2-3.71 of this Code and that is not a public |
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1 | | school district must require a principal or qualified |
2 | | equivalent of a principal to recommend or evaluate candidates |
3 | | in the program. The program presented for approval by the State |
4 | | Board of Education must demonstrate the supports that are to be |
5 | | provided to assist the provisional teacher during the 2-year |
6 | | residency period. These supports must provide additional |
7 | | contact hours with mentors during the first year of residency. |
8 | | (e) Upon completion of the 4 phases outlined in subsection |
9 | | (b) of this Section and all assessments required under Section |
10 | | 21B-30 of this Code, an individual shall receive a Professional |
11 | | Educator License. |
12 | | (f) The State Board of Education, in consultation with the |
13 | | State Educator Preparation and Licensure Board, may adopt such |
14 | | rules as may be necessary to establish and implement the |
15 | | Alternative Educator Licensure Program for Teachers.
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16 | | (Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18; |
17 | | 100-822, eff. 1-1-19 .)
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18 | | Section 99. Effective date. This Act takes effect upon |
19 | | becoming law.
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