104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1375

 

Introduced 1/28/2025, by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 100/5-45.65 new
40 ILCS 5/16-127  from Ch. 108 1/2, par. 16-127
40 ILCS 5/16-158  from Ch. 108 1/2, par. 16-158
40 ILCS 5/16-203
110 ILCS 205/9.45 new

    Amends the Illinois Administrative Procedure Act. Creates emergency rulemaking procedures for the student teaching stipend program. Amends the Downstate Teacher Article of the Illinois Pension Code. Authorizes a person to establish optional credit for periods of service as a student teacher under a specified provision of the Board of Higher Education Act. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude any stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the Board of Higher Education Act. Creates the student teaching stipend program. Defines terms. Provides that an educator preparation program shall notify the Board of Higher Education of all eligible students and eligible cooperating teachers who qualify for the stipend program. Creates requirements for the disbursement of stipend funds under the program. Provides that an educator preparation program may not prohibit an eligible student from participating in the stipend program or from receiving a stipend from the stipend program. Requires an eligible cooperating teacher who receives a stipend to complete specific training. Requires the Board to issue a report in collaboration with the State Board of Education evaluating the impact of the stipend program. Permits the Board to adopt emergency rules regarding the administration of the stipend program in certain circumstances subject to the Illinois Administrative Procedure Act. Effective immediately.


LRB104 05627 LNS 15657 b

 

 

A BILL FOR

 

HB1375LRB104 05627 LNS 15657 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 Illinois Administrative Procedure Act is
5amended by adding Section 5-45.65 as follows:
 
6    (5 ILCS 100/5-45.65 new)
7    Sec. 5-45.65. Emergency rulemaking; student teaching
8stipend program. To provide for the expeditious and timely
9implementation of Section 9.45 of the Board of Higher
10Education Act, emergency rules implementing Section 9.45 of
11the Board of Higher Education Act may be adopted in accordance
12with Section 5-45 by the Board of Higher Education. The
13adoption of emergency rules authorized by Section 5-45 and
14this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date
17of this amendatory Act of the 104th General Assembly.
 
18    Section 10. The Illinois Pension Code is amended by
19changing Sections 16-127, 16-158, and 16-203 as follows:
 
20    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
21    Sec. 16-127. Computation of creditable service.

 

 

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1    (a) Each member shall receive regular credit for all
2service as a teacher from the date membership begins, for
3which satisfactory evidence is supplied and all contributions
4have been paid.
5    (b) The following periods of service shall earn optional
6credit and each member shall receive credit for all such
7service for which satisfactory evidence is supplied and all
8contributions have been paid as of the date specified:
9        (1) Prior service as a teacher.
10        (2) Service in a capacity essentially similar or
11    equivalent to that of a teacher, in the public common
12    schools in school districts in this State not included
13    within the provisions of this System, or of any other
14    State, territory, dependency or possession of the United
15    States, or in schools operated by or under the auspices of
16    the United States, or under the auspices of any agency or
17    department of any other State, and service during any
18    period of professional speech correction or special
19    education experience for a public agency within this State
20    or any other State, territory, dependency or possession of
21    the United States, and service prior to February 1, 1951
22    as a recreation worker for the Illinois Department of
23    Public Safety, for a period not exceeding the lesser of
24    2/5 of the total creditable service of the member or 10
25    years. The maximum service of 10 years which is allowable
26    under this paragraph shall be reduced by the service

 

 

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1    credit which is validated by other retirement systems
2    under paragraph (i) of Section 15-113 and paragraph 1 of
3    Section 17-133. Credit granted under this paragraph may
4    not be used in determination of a retirement annuity or
5    disability benefits unless the member has at least 5 years
6    of creditable service earned subsequent to this employment
7    with one or more of the following systems: Teachers'
8    Retirement System of the State of Illinois, State
9    Universities Retirement System, and the Public School
10    Teachers' Pension and Retirement Fund of Chicago. Whenever
11    such service credit exceeds the maximum allowed for all
12    purposes of this Article, the first service rendered in
13    point of time shall be considered. The changes to this
14    paragraph (2) made by Public Act 86-272 shall apply not
15    only to persons who on or after its effective date (August
16    23, 1989) are in service as a teacher under the System, but
17    also to persons whose status as such a teacher terminated
18    prior to such effective date, whether or not such person
19    is an annuitant on that date.
20        (3) Any periods immediately following teaching
21    service, under this System or under Article 17, (or
22    immediately following service prior to February 1, 1951 as
23    a recreation worker for the Illinois Department of Public
24    Safety) spent in active service with the military forces
25    of the United States; periods spent in educational
26    programs that prepare for return to teaching sponsored by

 

 

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1    the federal government following such active military
2    service; if a teacher returns to teaching service within
3    one calendar year after discharge or after the completion
4    of the educational program, a further period, not
5    exceeding one calendar year, between time spent in
6    military service or in such educational programs and the
7    return to employment as a teacher under this System; and a
8    period of up to 2 years of active military service not
9    immediately following employment as a teacher.
10        The changes to this Section and Section 16-128
11    relating to military service made by Public Act 87-794
12    shall apply not only to persons who on or after its
13    effective date are in service as a teacher under the
14    System, but also to persons whose status as a teacher
15    terminated prior to that date, whether or not the person
16    is an annuitant on that date. In the case of an annuitant
17    who applies for credit allowable under this Section for a
18    period of military service that did not immediately follow
19    employment, and who has made the required contributions
20    for such credit, the annuity shall be recalculated to
21    include the additional service credit, with the increase
22    taking effect on the date the System received written
23    notification of the annuitant's intent to purchase the
24    credit, if payment of all the required contributions is
25    made within 60 days of such notice, or else on the first
26    annuity payment date following the date of payment of the

 

 

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1    required contributions. In calculating the automatic
2    annual increase for an annuity that has been recalculated
3    under this Section, the increase attributable to the
4    additional service allowable under Public Act 87-794 shall
5    be included in the calculation of automatic annual
6    increases accruing after the effective date of the
7    recalculation.
8        Credit for military service shall be determined as
9    follows: if entry occurs during the months of July,
10    August, or September and the member was a teacher at the
11    end of the immediately preceding school term, credit shall
12    be granted from July 1 of the year in which he or she
13    entered service; if entry occurs during the school term
14    and the teacher was in teaching service at the beginning
15    of the school term, credit shall be granted from July 1 of
16    such year. In all other cases where credit for military
17    service is allowed, credit shall be granted from the date
18    of entry into the service.
19        The total period of military service for which credit
20    is granted shall not exceed 5 years for any member unless
21    the service: (A) is validated before July 1, 1964, and (B)
22    does not extend beyond July 1, 1963. Credit for military
23    service shall be granted under this Section only if not
24    more than 5 years of the military service for which credit
25    is granted under this Section is used by the member to
26    qualify for a military retirement allotment from any

 

 

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1    branch of the armed forces of the United States. The
2    changes to this paragraph (3) made by Public Act 86-272
3    shall apply not only to persons who on or after its
4    effective date (August 23, 1989) are in service as a
5    teacher under the System, but also to persons whose status
6    as such a teacher terminated prior to such effective date,
7    whether or not such person is an annuitant on that date.
8        (4) Any periods served as a member of the General
9    Assembly.
10        (5)(i) Any periods for which a teacher, as defined in
11    Section 16-106, is granted a leave of absence, provided he
12    or she returns to teaching service creditable under this
13    System or the State Universities Retirement System
14    following the leave; (ii) periods during which a teacher
15    is involuntarily laid off from teaching, provided he or
16    she returns to teaching following the lay-off; (iii)
17    periods prior to July 1, 1983 during which a teacher
18    ceased covered employment due to pregnancy, provided that
19    the teacher returned to teaching service creditable under
20    this System or the State Universities Retirement System
21    following the pregnancy and submits evidence satisfactory
22    to the Board documenting that the employment ceased due to
23    pregnancy; and (iv) periods prior to July 1, 1983 during
24    which a teacher ceased covered employment for the purpose
25    of adopting an infant under 3 years of age or caring for a
26    newly adopted infant under 3 years of age, provided that

 

 

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1    the teacher returned to teaching service creditable under
2    this System or the State Universities Retirement System
3    following the adoption and submits evidence satisfactory
4    to the Board documenting that the employment ceased for
5    the purpose of adopting an infant under 3 years of age or
6    caring for a newly adopted infant under 3 years of age.
7    However, total credit under this paragraph (5) may not
8    exceed 3 years.
9        Any qualified member or annuitant may apply for credit
10    under item (iii) or (iv) of this paragraph (5) without
11    regard to whether service was terminated before June 27,
12    1997 (the effective date of Public Act 90-32). In the case
13    of an annuitant who establishes credit under item (iii) or
14    (iv), the annuity shall be recalculated to include the
15    additional service credit. The increase in annuity shall
16    take effect on the date the System receives written
17    notification of the annuitant's intent to purchase the
18    credit, if the required evidence is submitted and the
19    required contribution paid within 60 days of that
20    notification, otherwise on the first annuity payment date
21    following the System's receipt of the required evidence
22    and contribution. The increase in an annuity recalculated
23    under this provision shall be included in the calculation
24    of automatic annual increases in the annuity accruing
25    after the effective date of the recalculation.
26        Optional credit may be purchased under this paragraph

 

 

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1    (5) for periods during which a teacher has been granted a
2    leave of absence pursuant to Section 24-13 of the School
3    Code. A teacher whose service under this Article
4    terminated prior to the effective date of Public Act
5    86-1488 shall be eligible to purchase such optional
6    credit. If a teacher who purchases this optional credit is
7    already receiving a retirement annuity under this Article,
8    the annuity shall be recalculated as if the annuitant had
9    applied for the leave of absence credit at the time of
10    retirement. The difference between the entitled annuity
11    and the actual annuity shall be credited to the purchase
12    of the optional credit. The remainder of the purchase cost
13    of the optional credit shall be paid on or before April 1,
14    1992.
15        The change in this paragraph made by Public Act 86-273
16    shall be applicable to teachers who retire after June 1,
17    1989, as well as to teachers who are in service on that
18    date.
19        (6) Any days of unused and uncompensated accumulated
20    sick leave earned by a teacher. The service credit granted
21    under this paragraph shall be the ratio of the number of
22    unused and uncompensated accumulated sick leave days to
23    170 days, subject to a maximum of 2 years of service
24    credit. Prior to the member's retirement, each former
25    employer shall certify to the System the number of unused
26    and uncompensated accumulated sick leave days credited to

 

 

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1    the member at the time of termination of service. The
2    period of unused sick leave shall not be considered in
3    determining the effective date of retirement. A member is
4    not required to make contributions in order to obtain
5    service credit for unused sick leave.
6        Credit for sick leave shall, at retirement, be granted
7    by the System for any retiring regional or assistant
8    regional superintendent of schools at the rate of 6 days
9    per year of creditable service or portion thereof
10    established while serving as such superintendent or
11    assistant superintendent.
12        (7) Periods prior to February 1, 1987 served as an
13    employee of the Illinois Mathematics and Science Academy
14    for which credit has not been terminated under Section
15    15-113.9 of this Code.
16        (8) Service as a substitute teacher for work performed
17    prior to July 1, 1990.
18        (9) Service as a part-time teacher for work performed
19    prior to July 1, 1990.
20        (10) Up to 2 years of employment with Southern
21    Illinois University - Carbondale from September 1, 1959 to
22    August 31, 1961, or with Governors State University from
23    September 1, 1972 to August 31, 1974, for which the
24    teacher has no credit under Article 15. To receive credit
25    under this item (10), a teacher must apply in writing to
26    the Board and pay the required contributions before May 1,

 

 

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1    1993 and have at least 12 years of service credit under
2    this Article.
3        (11) Periods of service as a student teacher as
4    described in Section 24-8.5 of the School Code for which
5    the student teacher received a salary.
6        (12) Periods of service as a student teacher under
7    Section 9.45 of the Board of Higher Education Act.
8    (b-1) A member may establish optional credit for up to 2
9years of service as a teacher or administrator employed by a
10private school recognized by the Illinois State Board of
11Education, provided that the teacher (i) was certified under
12the law governing the certification of teachers at the time
13the service was rendered, (ii) applies in writing on or before
14June 30, 2028, (iii) supplies satisfactory evidence of the
15employment, (iv) completes at least 10 years of contributing
16service as a teacher as defined in Section 16-106, and (v) pays
17the contribution required in subsection (d-5) of Section
1816-128. The member may apply for credit under this subsection
19and pay the required contribution before completing the 10
20years of contributing service required under item (iv), but
21the credit may not be used until the item (iv) contributing
22service requirement has been met.
23    (c) The service credits specified in this Section shall be
24granted only if: (1) such service credits are not used for
25credit in any other statutory tax-supported public employee
26retirement system other than the federal Social Security

 

 

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1program; and (2) the member makes the required contributions
2as specified in Section 16-128. Except as provided in
3subsection (b-1) of this Section, the service credit shall be
4effective as of the date the required contributions are
5completed.
6    Any service credits granted under this Section shall
7terminate upon cessation of membership for any cause.
8    Credit may not be granted under this Section covering any
9period for which an age retirement or disability retirement
10allowance has been paid.
11    Credit may not be granted under this Section for service
12as an employee of an entity that provides substitute teaching
13services under Section 2-3.173 of the School Code and is not a
14school district.
15(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;
16103-525, eff. 8-11-23; 103-605, eff. 7-1-24.)
 
17    (40 ILCS 5/16-158)  (from Ch. 108 1/2, par. 16-158)
18    Sec. 16-158. Contributions by State and other employing
19units.
20    (a) The State shall make contributions to the System by
21means of appropriations from the Common School Fund and other
22State funds of amounts which, together with other employer
23contributions, employee contributions, investment income, and
24other income, will be sufficient to meet the cost of
25maintaining and administering the System on a 90% funded basis

 

 

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1in accordance with actuarial recommendations.
2    The Board shall determine the amount of State
3contributions required for each fiscal year on the basis of
4the actuarial tables and other assumptions adopted by the
5Board and the recommendations of the actuary, using the
6formula in subsection (b-3).
7    (a-1) Annually, on or before November 15 until November
815, 2011, the Board shall certify to the Governor the amount of
9the required State contribution for the coming fiscal year.
10The certification under this subsection (a-1) shall include a
11copy of the actuarial recommendations upon which it is based
12and shall specifically identify the System's projected State
13normal cost for that fiscal year.
14    On or before May 1, 2004, the Board shall recalculate and
15recertify to the Governor the amount of the required State
16contribution to the System for State fiscal year 2005, taking
17into account the amounts appropriated to and received by the
18System under subsection (d) of Section 7.2 of the General
19Obligation Bond Act.
20    On or before July 1, 2005, the Board shall recalculate and
21recertify to the Governor the amount of the required State
22contribution to the System for State fiscal year 2006, taking
23into account the changes in required State contributions made
24by Public Act 94-4.
25    On or before April 1, 2011, the Board shall recalculate
26and recertify to the Governor the amount of the required State

 

 

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1contribution to the System for State fiscal year 2011,
2applying the changes made by Public Act 96-889 to the System's
3assets and liabilities as of June 30, 2009 as though Public Act
496-889 was approved on that date.
5    (a-5) On or before November 1 of each year, beginning
6November 1, 2012, the Board shall submit to the State Actuary,
7the Governor, and the General Assembly a proposed
8certification of the amount of the required State contribution
9to the System for the next fiscal year, along with all of the
10actuarial assumptions, calculations, and data upon which that
11proposed certification is based. On or before January 1 of
12each year, beginning January 1, 2013, the State Actuary shall
13issue a preliminary report concerning the proposed
14certification and identifying, if necessary, recommended
15changes in actuarial assumptions that the Board must consider
16before finalizing its certification of the required State
17contributions. On or before January 15, 2013 and each January
1815 thereafter, the Board shall certify to the Governor and the
19General Assembly the amount of the required State contribution
20for the next fiscal year. The Board's certification must note
21any deviations from the State Actuary's recommended changes,
22the reason or reasons for not following the State Actuary's
23recommended changes, and the fiscal impact of not following
24the State Actuary's recommended changes on the required State
25contribution.
26    (a-10) By November 1, 2017, the Board shall recalculate

 

 

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1and recertify to the State Actuary, the Governor, and the
2General Assembly the amount of the State contribution to the
3System for State fiscal year 2018, taking into account the
4changes in required State contributions made by Public Act
5100-23. The State Actuary shall review the assumptions and
6valuations underlying the Board's revised certification and
7issue a preliminary report concerning the proposed
8recertification and identifying, if necessary, recommended
9changes in actuarial assumptions that the Board must consider
10before finalizing its certification of the required State
11contributions. The Board's final certification must note any
12deviations from the State Actuary's recommended changes, the
13reason or reasons for not following the State Actuary's
14recommended changes, and the fiscal impact of not following
15the State Actuary's recommended changes on the required State
16contribution.
17    (a-15) On or after June 15, 2019, but no later than June
1830, 2019, the Board shall recalculate and recertify to the
19Governor and the General Assembly the amount of the State
20contribution to the System for State fiscal year 2019, taking
21into account the changes in required State contributions made
22by Public Act 100-587. The recalculation shall be made using
23assumptions adopted by the Board for the original fiscal year
242019 certification. The monthly voucher for the 12th month of
25fiscal year 2019 shall be paid by the Comptroller after the
26recertification required pursuant to this subsection is

 

 

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1submitted to the Governor, Comptroller, and General Assembly.
2The recertification submitted to the General Assembly shall be
3filed with the Clerk of the House of Representatives and the
4Secretary of the Senate in electronic form only, in the manner
5that the Clerk and the Secretary shall direct.
6    (b) Through State fiscal year 1995, the State
7contributions shall be paid to the System in accordance with
8Section 18-7 of the School Code.
9    (b-1) Unless otherwise directed by the Comptroller under
10subsection (b-1.1), the Board shall submit vouchers for
11payment of State contributions to the System for the
12applicable month on the 15th day of each month, or as soon
13thereafter as may be practicable. The amount vouchered for a
14monthly payment shall total one-twelfth of the required annual
15State contribution certified under subsection (a-1).
16    (b-1.1) Beginning in State fiscal year 2025, if the
17Comptroller requests that the Board submit, during a State
18fiscal year, vouchers for multiple monthly payments for the
19advance payment of State contributions due to the System for
20that State fiscal year, then the Board shall submit those
21additional vouchers as directed by the Comptroller,
22notwithstanding subsection (b-1). Unless an act of
23appropriations provides otherwise, nothing in this Section
24authorizes the Board to submit, in a State fiscal year,
25vouchers for the payment of State contributions to the System
26in an amount that exceeds the rate of payroll that is certified

 

 

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1by the System under this Section for that State fiscal year.
2    (b-1.2) The vouchers described in subsections (b-1) and
3(b-1.1) shall be paid by the State Comptroller and Treasurer
4by warrants drawn on the funds appropriated to the System for
5that fiscal year.
6    If in any month the amount remaining unexpended from all
7other appropriations to the System for the applicable fiscal
8year (including the appropriations to the System under Section
98.12 of the State Finance Act and Section 1 of the State
10Pension Funds Continuing Appropriation Act) is less than the
11amount lawfully vouchered under this subsection, the
12difference shall be paid from the Common School Fund under the
13continuing appropriation authority provided in Section 1.1 of
14the State Pension Funds Continuing Appropriation Act.
15    (b-2) Allocations from the Common School Fund apportioned
16to school districts not coming under this System shall not be
17diminished or affected by the provisions of this Article.
18    (b-3) For State fiscal years 2012 through 2045, the
19minimum contribution to the System to be made by the State for
20each fiscal year shall be an amount determined by the System to
21be sufficient to bring the total assets of the System up to 90%
22of the total actuarial liabilities of the System by the end of
23State fiscal year 2045. In making these determinations, the
24required State contribution shall be calculated each year as a
25level percentage of payroll over the years remaining to and
26including fiscal year 2045 and shall be determined under the

 

 

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1projected unit credit actuarial cost method.
2    For each of State fiscal years 2018, 2019, and 2020, the
3State shall make an additional contribution to the System
4equal to 2% of the total payroll of each employee who is deemed
5to have elected the benefits under Section 1-161 or who has
6made the election under subsection (c) of Section 1-161.
7    A change in an actuarial or investment assumption that
8increases or decreases the required State contribution and
9first applies in State fiscal year 2018 or thereafter shall be
10implemented in equal annual amounts over a 5-year period
11beginning in the State fiscal year in which the actuarial
12change first applies to the required State contribution.
13    A change in an actuarial or investment assumption that
14increases or decreases the required State contribution and
15first applied to the State contribution in fiscal year 2014,
162015, 2016, or 2017 shall be implemented:
17        (i) as already applied in State fiscal years before
18    2018; and
19        (ii) in the portion of the 5-year period beginning in
20    the State fiscal year in which the actuarial change first
21    applied that occurs in State fiscal year 2018 or
22    thereafter, by calculating the change in equal annual
23    amounts over that 5-year period and then implementing it
24    at the resulting annual rate in each of the remaining
25    fiscal years in that 5-year period.
26    For State fiscal years 1996 through 2005, the State

 

 

HB1375- 18 -LRB104 05627 LNS 15657 b

1contribution to the System, as a percentage of the applicable
2employee payroll, shall be increased in equal annual
3increments so that by State fiscal year 2011, the State is
4contributing at the rate required under this Section; except
5that in the following specified State fiscal years, the State
6contribution to the System shall not be less than the
7following indicated percentages of the applicable employee
8payroll, even if the indicated percentage will produce a State
9contribution in excess of the amount otherwise required under
10this subsection and subsection (a), and notwithstanding any
11contrary certification made under subsection (a-1) before May
1227, 1998 (the effective date of Public Act 90-582): 10.02% in
13FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
142002; 12.86% in FY 2003; and 13.56% in FY 2004.
15    Notwithstanding any other provision of this Article, the
16total required State contribution for State fiscal year 2006
17is $534,627,700.
18    Notwithstanding any other provision of this Article, the
19total required State contribution for State fiscal year 2007
20is $738,014,500.
21    For each of State fiscal years 2008 through 2009, the
22State contribution to the System, as a percentage of the
23applicable employee payroll, shall be increased in equal
24annual increments from the required State contribution for
25State fiscal year 2007, so that by State fiscal year 2011, the
26State is contributing at the rate otherwise required under

 

 

HB1375- 19 -LRB104 05627 LNS 15657 b

1this Section.
2    Notwithstanding any other provision of this Article, the
3total required State contribution for State fiscal year 2010
4is $2,089,268,000 and shall be made from the proceeds of bonds
5sold in fiscal year 2010 pursuant to Section 7.2 of the General
6Obligation Bond Act, less (i) the pro rata share of bond sale
7expenses determined by the System's share of total bond
8proceeds, (ii) any amounts received from the Common School
9Fund in fiscal year 2010, and (iii) any reduction in bond
10proceeds due to the issuance of discounted bonds, if
11applicable.
12    Notwithstanding any other provision of this Article, the
13total required State contribution for State fiscal year 2011
14is the amount recertified by the System on or before April 1,
152011 pursuant to subsection (a-1) of this Section and shall be
16made from the proceeds of bonds sold in fiscal year 2011
17pursuant to Section 7.2 of the General Obligation Bond Act,
18less (i) the pro rata share of bond sale expenses determined by
19the System's share of total bond proceeds, (ii) any amounts
20received from the Common School Fund in fiscal year 2011, and
21(iii) any reduction in bond proceeds due to the issuance of
22discounted bonds, if applicable. This amount shall include, in
23addition to the amount certified by the System, an amount
24necessary to meet employer contributions required by the State
25as an employer under paragraph (e) of this Section, which may
26also be used by the System for contributions required by

 

 

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1paragraph (a) of Section 16-127.
2    Beginning in State fiscal year 2046, the minimum State
3contribution for each fiscal year shall be the amount needed
4to maintain the total assets of the System at 90% of the total
5actuarial liabilities of the System.
6    Amounts received by the System pursuant to Section 25 of
7the Budget Stabilization Act or Section 8.12 of the State
8Finance Act in any fiscal year do not reduce and do not
9constitute payment of any portion of the minimum State
10contribution required under this Article in that fiscal year.
11Such amounts shall not reduce, and shall not be included in the
12calculation of, the required State contributions under this
13Article in any future year until the System has reached a
14funding ratio of at least 90%. A reference in this Article to
15the "required State contribution" or any substantially similar
16term does not include or apply to any amounts payable to the
17System under Section 25 of the Budget Stabilization Act.
18    Notwithstanding any other provision of this Section, the
19required State contribution for State fiscal year 2005 and for
20fiscal year 2008 and each fiscal year thereafter, as
21calculated under this Section and certified under subsection
22(a-1), shall not exceed an amount equal to (i) the amount of
23the required State contribution that would have been
24calculated under this Section for that fiscal year if the
25System had not received any payments under subsection (d) of
26Section 7.2 of the General Obligation Bond Act, minus (ii) the

 

 

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1portion of the State's total debt service payments for that
2fiscal year on the bonds issued in fiscal year 2003 for the
3purposes of that Section 7.2, as determined and certified by
4the Comptroller, that is the same as the System's portion of
5the total moneys distributed under subsection (d) of Section
67.2 of the General Obligation Bond Act. In determining this
7maximum for State fiscal years 2008 through 2010, however, the
8amount referred to in item (i) shall be increased, as a
9percentage of the applicable employee payroll, in equal
10increments calculated from the sum of the required State
11contribution for State fiscal year 2007 plus the applicable
12portion of the State's total debt service payments for fiscal
13year 2007 on the bonds issued in fiscal year 2003 for the
14purposes of Section 7.2 of the General Obligation Bond Act, so
15that, by State fiscal year 2011, the State is contributing at
16the rate otherwise required under this Section.
17    (b-4) Beginning in fiscal year 2018, each employer under
18this Article shall pay to the System a required contribution
19determined as a percentage of projected payroll and sufficient
20to produce an annual amount equal to:
21        (i) for each of fiscal years 2018, 2019, and 2020, the
22    defined benefit normal cost of the defined benefit plan,
23    less the employee contribution, for each employee of that
24    employer who has elected or who is deemed to have elected
25    the benefits under Section 1-161 or who has made the
26    election under subsection (b) of Section 1-161; for fiscal

 

 

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1    year 2021 and each fiscal year thereafter, the defined
2    benefit normal cost of the defined benefit plan, less the
3    employee contribution, plus 2%, for each employee of that
4    employer who has elected or who is deemed to have elected
5    the benefits under Section 1-161 or who has made the
6    election under subsection (b) of Section 1-161; plus
7        (ii) the amount required for that fiscal year to
8    amortize any unfunded actuarial accrued liability
9    associated with the present value of liabilities
10    attributable to the employer's account under Section
11    16-158.3, determined as a level percentage of payroll over
12    a 30-year rolling amortization period.
13    In determining contributions required under item (i) of
14this subsection, the System shall determine an aggregate rate
15for all employers, expressed as a percentage of projected
16payroll.
17    In determining the contributions required under item (ii)
18of this subsection, the amount shall be computed by the System
19on the basis of the actuarial assumptions and tables used in
20the most recent actuarial valuation of the System that is
21available at the time of the computation.
22    The contributions required under this subsection (b-4)
23shall be paid by an employer concurrently with that employer's
24payroll payment period. The State, as the actual employer of
25an employee, shall make the required contributions under this
26subsection.

 

 

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1    (c) Payment of the required State contributions and of all
2pensions, retirement annuities, death benefits, refunds, and
3other benefits granted under or assumed by this System, and
4all expenses in connection with the administration and
5operation thereof, are obligations of the State.
6    If members are paid from special trust or federal funds
7which are administered by the employing unit, whether school
8district or other unit, the employing unit shall pay to the
9System from such funds the full accruing retirement costs
10based upon that service, which, beginning July 1, 2017, shall
11be at a rate, expressed as a percentage of salary, equal to the
12total employer's normal cost, expressed as a percentage of
13payroll, as determined by the System. Employer contributions,
14based on salary paid to members from federal funds, may be
15forwarded by the distributing agency of the State of Illinois
16to the System prior to allocation, in an amount determined in
17accordance with guidelines established by such agency and the
18System. Any contribution for fiscal year 2015 collected as a
19result of the change made by Public Act 98-674 shall be
20considered a State contribution under subsection (b-3) of this
21Section.
22    (d) Effective July 1, 1986, any employer of a teacher as
23defined in paragraph (8) of Section 16-106 shall pay the
24employer's normal cost of benefits based upon the teacher's
25service, in addition to employee contributions, as determined
26by the System. Such employer contributions shall be forwarded

 

 

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1monthly in accordance with guidelines established by the
2System.
3    However, with respect to benefits granted under Section
416-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
5of Section 16-106, the employer's contribution shall be 12%
6(rather than 20%) of the member's highest annual salary rate
7for each year of creditable service granted, and the employer
8shall also pay the required employee contribution on behalf of
9the teacher. For the purposes of Sections 16-133.4 and
1016-133.5, a teacher as defined in paragraph (8) of Section
1116-106 who is serving in that capacity while on leave of
12absence from another employer under this Article shall not be
13considered an employee of the employer from which the teacher
14is on leave.
15    (e) Beginning July 1, 1998, every employer of a teacher
16shall pay to the System an employer contribution computed as
17follows:
18        (1) Beginning July 1, 1998 through June 30, 1999, the
19    employer contribution shall be equal to 0.3% of each
20    teacher's salary.
21        (2) Beginning July 1, 1999 and thereafter, the
22    employer contribution shall be equal to 0.58% of each
23    teacher's salary.
24The school district or other employing unit may pay these
25employer contributions out of any source of funding available
26for that purpose and shall forward the contributions to the

 

 

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1System on the schedule established for the payment of member
2contributions.
3    These employer contributions are intended to offset a
4portion of the cost to the System of the increases in
5retirement benefits resulting from Public Act 90-582.
6    Each employer of teachers is entitled to a credit against
7the contributions required under this subsection (e) with
8respect to salaries paid to teachers for the period January 1,
92002 through June 30, 2003, equal to the amount paid by that
10employer under subsection (a-5) of Section 6.6 of the State
11Employees Group Insurance Act of 1971 with respect to salaries
12paid to teachers for that period.
13    The additional 1% employee contribution required under
14Section 16-152 by Public Act 90-582 is the responsibility of
15the teacher and not the teacher's employer, unless the
16employer agrees, through collective bargaining or otherwise,
17to make the contribution on behalf of the teacher.
18    If an employer is required by a contract in effect on May
191, 1998 between the employer and an employee organization to
20pay, on behalf of all its full-time employees covered by this
21Article, all mandatory employee contributions required under
22this Article, then the employer shall be excused from paying
23the employer contribution required under this subsection (e)
24for the balance of the term of that contract. The employer and
25the employee organization shall jointly certify to the System
26the existence of the contractual requirement, in such form as

 

 

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1the System may prescribe. This exclusion shall cease upon the
2termination, extension, or renewal of the contract at any time
3after May 1, 1998.
4    (f) If the amount of a teacher's salary for any school year
5used to determine final average salary exceeds the member's
6annual full-time salary rate with the same employer for the
7previous school year by more than 6%, the teacher's employer
8shall pay to the System, in addition to all other payments
9required under this Section and in accordance with guidelines
10established by the System, the present value of the increase
11in benefits resulting from the portion of the increase in
12salary that is in excess of 6%. This present value shall be
13computed by the System on the basis of the actuarial
14assumptions and tables used in the most recent actuarial
15valuation of the System that is available at the time of the
16computation. If a teacher's salary for the 2005-2006 school
17year is used to determine final average salary under this
18subsection (f), then the changes made to this subsection (f)
19by Public Act 94-1057 shall apply in calculating whether the
20increase in his or her salary is in excess of 6%. For the
21purposes of this Section, change in employment under Section
2210-21.12 of the School Code on or after June 1, 2005 shall
23constitute a change in employer. The System may require the
24employer to provide any pertinent information or
25documentation. The changes made to this subsection (f) by
26Public Act 94-1111 apply without regard to whether the teacher

 

 

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1was in service on or after its effective date.
2    Whenever it determines that a payment is or may be
3required under this subsection, the System shall calculate the
4amount of the payment and bill the employer for that amount.
5The bill shall specify the calculations used to determine the
6amount due. If the employer disputes the amount of the bill, it
7may, within 30 days after receipt of the bill, apply to the
8System in writing for a recalculation. The application must
9specify in detail the grounds of the dispute and, if the
10employer asserts that the calculation is subject to subsection
11(g), (g-5), (g-10), (g-15), (g-20), (g-25), or (h) of this
12Section, must include an affidavit setting forth and attesting
13to all facts within the employer's knowledge that are
14pertinent to the applicability of that subsection. Upon
15receiving a timely application for recalculation, the System
16shall review the application and, if appropriate, recalculate
17the amount due.
18    The employer contributions required under this subsection
19(f) may be paid in the form of a lump sum within 90 days after
20receipt of the bill. If the employer contributions are not
21paid within 90 days after receipt of the bill, then interest
22will be charged at a rate equal to the System's annual
23actuarially assumed rate of return on investment compounded
24annually from the 91st day after receipt of the bill. Payments
25must be concluded within 3 years after the employer's receipt
26of the bill.

 

 

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1    (f-1) (Blank).
2    (g) This subsection (g) applies only to payments made or
3salary increases given on or after June 1, 2005 but before July
41, 2011. The changes made by Public Act 94-1057 shall not
5require the System to refund any payments received before July
631, 2006 (the effective date of Public Act 94-1057).
7    When assessing payment for any amount due under subsection
8(f), the System shall exclude salary increases paid to
9teachers under contracts or collective bargaining agreements
10entered into, amended, or renewed before June 1, 2005.
11    When assessing payment for any amount due under subsection
12(f), the System shall exclude salary increases paid to a
13teacher at a time when the teacher is 10 or more years from
14retirement eligibility under Section 16-132 or 16-133.2.
15    When assessing payment for any amount due under subsection
16(f), the System shall exclude salary increases resulting from
17overload work, including summer school, when the school
18district has certified to the System, and the System has
19approved the certification, that (i) the overload work is for
20the sole purpose of classroom instruction in excess of the
21standard number of classes for a full-time teacher in a school
22district during a school year and (ii) the salary increases
23are equal to or less than the rate of pay for classroom
24instruction computed on the teacher's current salary and work
25schedule.
26    When assessing payment for any amount due under subsection

 

 

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1(f), the System shall exclude a salary increase resulting from
2a promotion (i) for which the employee is required to hold a
3certificate or supervisory endorsement issued by the State
4Teacher Certification Board that is a different certification
5or supervisory endorsement than is required for the teacher's
6previous position and (ii) to a position that has existed and
7been filled by a member for no less than one complete academic
8year and the salary increase from the promotion is an increase
9that results in an amount no greater than the lesser of the
10average salary paid for other similar positions in the
11district requiring the same certification or the amount
12stipulated in the collective bargaining agreement for a
13similar position requiring the same certification.
14    When assessing payment for any amount due under subsection
15(f), the System shall exclude any payment to the teacher from
16the State of Illinois or the State Board of Education over
17which the employer does not have discretion, notwithstanding
18that the payment is included in the computation of final
19average salary.
20    (g-5) When assessing payment for any amount due under
21subsection (f), the System shall exclude salary increases
22resulting from overload or stipend work performed in a school
23year subsequent to a school year in which the employer was
24unable to offer or allow to be conducted overload or stipend
25work due to an emergency declaration limiting such activities.
26    (g-10) When assessing payment for any amount due under

 

 

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1subsection (f), the System shall exclude salary increases
2resulting from increased instructional time that exceeded the
3instructional time required during the 2019-2020 school year.
4    (g-15) When assessing payment for any amount due under
5subsection (f), the System shall exclude salary increases
6resulting from teaching summer school on or after May 1, 2021
7and before September 15, 2022.
8    (g-20) When assessing payment for any amount due under
9subsection (f), the System shall exclude salary increases
10necessary to bring a school board in compliance with Public
11Act 101-443 or this amendatory Act of the 103rd General
12Assembly.
13    (g-25) When assessing payment for any amount due under
14subsection (f), the System shall exclude any stipends paid to
15an eligible cooperating teacher under Section 9.45 of the
16Board of Higher Education Act.
17    (h) When assessing payment for any amount due under
18subsection (f), the System shall exclude any salary increase
19described in subsection (g) of this Section given on or after
20July 1, 2011 but before July 1, 2014 under a contract or
21collective bargaining agreement entered into, amended, or
22renewed on or after June 1, 2005 but before July 1, 2011.
23Notwithstanding any other provision of this Section, any
24payments made or salary increases given after June 30, 2014
25shall be used in assessing payment for any amount due under
26subsection (f) of this Section.

 

 

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1    (i) The System shall prepare a report and file copies of
2the report with the Governor and the General Assembly by
3January 1, 2007 that contains all of the following
4information:
5        (1) The number of recalculations required by the
6    changes made to this Section by Public Act 94-1057 for
7    each employer.
8        (2) The dollar amount by which each employer's
9    contribution to the System was changed due to
10    recalculations required by Public Act 94-1057.
11        (3) The total amount the System received from each
12    employer as a result of the changes made to this Section by
13    Public Act 94-4.
14        (4) The increase in the required State contribution
15    resulting from the changes made to this Section by Public
16    Act 94-1057.
17    (i-5) For school years beginning on or after July 1, 2017,
18if the amount of a participant's salary for any school year
19exceeds the amount of the salary set for the Governor, the
20participant's employer shall pay to the System, in addition to
21all other payments required under this Section and in
22accordance with guidelines established by the System, an
23amount determined by the System to be equal to the employer
24normal cost, as established by the System and expressed as a
25total percentage of payroll, multiplied by the amount of
26salary in excess of the amount of the salary set for the

 

 

HB1375- 32 -LRB104 05627 LNS 15657 b

1Governor. This amount shall be computed by the System on the
2basis of the actuarial assumptions and tables used in the most
3recent actuarial valuation of the System that is available at
4the time of the computation. The System may require the
5employer to provide any pertinent information or
6documentation.
7    Whenever it determines that a payment is or may be
8required under this subsection, the System shall calculate the
9amount of the payment and bill the employer for that amount.
10The bill shall specify the calculations used to determine the
11amount due. If the employer disputes the amount of the bill, it
12may, within 30 days after receipt of the bill, apply to the
13System in writing for a recalculation. The application must
14specify in detail the grounds of the dispute. Upon receiving a
15timely application for recalculation, the System shall review
16the application and, if appropriate, recalculate the amount
17due.
18    The employer contributions required under this subsection
19may be paid in the form of a lump sum within 90 days after
20receipt of the bill. If the employer contributions are not
21paid within 90 days after receipt of the bill, then interest
22will be charged at a rate equal to the System's annual
23actuarially assumed rate of return on investment compounded
24annually from the 91st day after receipt of the bill. Payments
25must be concluded within 3 years after the employer's receipt
26of the bill.

 

 

HB1375- 33 -LRB104 05627 LNS 15657 b

1    (j) For purposes of determining the required State
2contribution to the System, the value of the System's assets
3shall be equal to the actuarial value of the System's assets,
4which shall be calculated as follows:
5    As of June 30, 2008, the actuarial value of the System's
6assets shall be equal to the market value of the assets as of
7that date. In determining the actuarial value of the System's
8assets for fiscal years after June 30, 2008, any actuarial
9gains or losses from investment return incurred in a fiscal
10year shall be recognized in equal annual amounts over the
115-year period following that fiscal year.
12    (k) For purposes of determining the required State
13contribution to the system for a particular year, the
14actuarial value of assets shall be assumed to earn a rate of
15return equal to the system's actuarially assumed rate of
16return.
17(Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
18102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
198-11-23; 103-588, eff. 6-5-24.)
 
20    (40 ILCS 5/16-203)
21    Sec. 16-203. Application and expiration of new benefit
22increases.
23    (a) As used in this Section, "new benefit increase" means
24an increase in the amount of any benefit provided under this
25Article, or an expansion of the conditions of eligibility for

 

 

HB1375- 34 -LRB104 05627 LNS 15657 b

1any benefit under this Article, that results from an amendment
2to this Code that takes effect after June 1, 2005 (the
3effective date of Public Act 94-4). "New benefit increase",
4however, does not include any benefit increase resulting from
5the changes made to Article 1 or this Article by Public Act
695-910, Public Act 100-23, Public Act 100-587, Public Act
7100-743, Public Act 100-769, Public Act 101-10, Public Act
8101-49, Public Act 102-16, or Public Act 102-871, or this
9amendatory Act of the 104th General Assembly.
10    (b) Notwithstanding any other provision of this Code or
11any subsequent amendment to this Code, every new benefit
12increase is subject to this Section and shall be deemed to be
13granted only in conformance with and contingent upon
14compliance with the provisions of this Section.
15    (c) The Public Act enacting a new benefit increase must
16identify and provide for payment to the System of additional
17funding at least sufficient to fund the resulting annual
18increase in cost to the System as it accrues.
19    Every new benefit increase is contingent upon the General
20Assembly providing the additional funding required under this
21subsection. The Commission on Government Forecasting and
22Accountability shall analyze whether adequate additional
23funding has been provided for the new benefit increase and
24shall report its analysis to the Public Pension Division of
25the Department of Insurance. A new benefit increase created by
26a Public Act that does not include the additional funding

 

 

HB1375- 35 -LRB104 05627 LNS 15657 b

1required under this subsection is null and void. If the Public
2Pension Division determines that the additional funding
3provided for a new benefit increase under this subsection is
4or has become inadequate, it may so certify to the Governor and
5the State Comptroller and, in the absence of corrective action
6by the General Assembly, the new benefit increase shall expire
7at the end of the fiscal year in which the certification is
8made.
9    (d) Every new benefit increase shall expire 5 years after
10its effective date or on such earlier date as may be specified
11in the language enacting the new benefit increase or provided
12under subsection (c). This does not prevent the General
13Assembly from extending or re-creating a new benefit increase
14by law.
15    (e) Except as otherwise provided in the language creating
16the new benefit increase, a new benefit increase that expires
17under this Section continues to apply to persons who applied
18and qualified for the affected benefit while the new benefit
19increase was in effect and to the affected beneficiaries and
20alternate payees of such persons, but does not apply to any
21other person, including, without limitation, a person who
22continues in service after the expiration date and did not
23apply and qualify for the affected benefit while the new
24benefit increase was in effect.
25(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
26102-813, eff. 5-13-22; 102-871, eff. 5-13-22; 103-154, eff.

 

 

HB1375- 36 -LRB104 05627 LNS 15657 b

16-30-23.)
 
2    Section 15. The Board of Higher Education Act is amended
3by adding Section 9.45 as follows:
 
4    (110 ILCS 205/9.45 new)
5    Sec. 9.45. Student teaching stipend program.
6    (a) As used in this Section:
7    "Educator preparation program" means an approved educator
8preparation program offered by a recognized school or
9institution under Article 21B of the School Code.
10    "Eligible cooperating teacher" means a teacher who is
11licensed under Article 21B of the School Code or has attained
12the Department of Human Services' Gateways to Opportunity
13Early Childhood Education Credential Level 5 or 6, qualified
14to teach in the subject area assigned, and matched with an
15eligible student.
16    "Eligible student" means a student who is enrolled in an
17educator preparation program, who is maintaining satisfactory
18academic progress, who intends to teach in this State, who is
19placed as a student teacher, and who is not contracted as the
20teacher of record for the student teaching placement.
21    "Student teaching" means a supervised clinical experience
22that prepares a candidate to take full responsibility in an
23instructional setting.
24    (b) Subject to appropriation, the Board shall create a

 

 

HB1375- 37 -LRB104 05627 LNS 15657 b

1student teaching stipend program to alleviate the financial
2burden of student teaching, to encourage students to pursue
3teaching careers to alleviate this State's teacher shortage,
4and to encourage teachers to be matched with student teachers.
5    (c) An educator preparation program shall notify the Board
6of all eligible students and eligible cooperating teachers who
7qualify for the stipend program.
8    (d) Under the stipend program and subject to available
9appropriations, the Board shall disburse to each educator
10preparation program funds to distribute to each eligible
11student a stipend of up to $10,000 per semester for up to 2
12consecutive semesters, plus additional funds to pay the direct
13costs of operating the stipend program. The educator
14preparation program shall distribute stipend funds using the
15standard methods for allocating State-based financial aid or
16as wages for employment to each eligible student in monthly
17installments.
18    (e) If there is a surplus appropriated in a fiscal year for
19the stipend program, then the Board shall increase the amount
20disbursed to each educator preparation program by the same
21percentage that the surplus bears to the amount required to
22fully fund the total number of eligible students who qualify
23for the stipend program that fiscal year. An educator
24preparation program shall increase the stipend amount
25distributed to each eligible student in proportion to the
26surplus.

 

 

HB1375- 38 -LRB104 05627 LNS 15657 b

1    (f) If the amount appropriated in a fiscal year for the
2stipend program is insufficient to fully fund stipends for the
3total number of eligible students for that fiscal year, then
4the Board shall prioritize eligible students based on
5demonstrated financial need reported by each educator
6preparation program.
7    (g) Funds not distributed in a particular fiscal year by
8an educator preparation program under this Section shall be
9returned to the Board to be used for the subsequent fiscal
10year's stipend program.
11    (h) An educator preparation program may not prohibit an
12eligible student from participating in the stipend program or
13from receiving a stipend from the stipend program.
14    (i) Under the stipend program and subject to available
15appropriations, the Board shall disburse funds to the State
16Board of Education, who shall disburse funds to each school
17district or early childhood education provider employing an
18eligible cooperating teacher to distribute to each eligible
19cooperating teacher a stipend of up to $2,000 per semester for
20up to 2 consecutive semesters per academic year. The school
21district or early childhood education provider shall
22distribute stipend funds to an eligible cooperating teacher in
23one payment.
24    (j) An eligible cooperating teacher who receives a stipend
25must complete State-approved, evidence-based training that
26aligns with training for instructional coaches, covers basic

 

 

HB1375- 39 -LRB104 05627 LNS 15657 b

1responsibilities of a cooperating teacher, includes
2evidence-based practices in supporting student teachers in
3school or early childhood settings, and includes the effective
4assessment of student teachers that aligns with State educator
5performance evaluation requirements or the equivalent for
6early childhood education. The State Board of Education shall
7develop training that meets the criteria of this subsection
8and that is available to cooperating teachers.
9    (k) If there is a surplus appropriated in a fiscal year for
10the stipend program, then the Board shall increase the amount
11disbursed to the State Board of Education to disburse to each
12school district or early childhood education provider by the
13same percentage that the surplus bears to the amount required
14to fully fund the total number of eligible cooperating
15teachers who qualify for the stipend program that fiscal year.
16A school district or early childhood education provider shall
17increase the stipend amount distributed to each eligible
18cooperating teacher in proportion to the surplus.
19    (l) If the amount appropriated in a fiscal year for the
20stipend program is insufficient to fully fund stipends for the
21total number of eligible cooperating teachers for that fiscal
22year, then the Board shall reduce the amount disbursed to the
23State Board of Education to disburse to each school district
24or early childhood education provider by the same percentage
25that the deficit bears to the amount required to fully fund the
26total number of eligible cooperating teachers who qualify for

 

 

HB1375- 40 -LRB104 05627 LNS 15657 b

1the stipend program. A school district or early childhood
2education provider shall reduce the stipend amount distributed
3to each eligible cooperating teacher in proportion to the
4deficit.
5    (m) Nothing in this Section is intended to preclude an
6educator preparation program from providing an eligible
7cooperating teacher with additional incentives.
8    (n) An eligible cooperating teacher participating in the
9stipend program may receive professional development hours for
10completing cooperating teacher training that count toward the
11eligible cooperating teacher's license renewal or the
12equivalent for early childhood education.
13    (o) Subject to available appropriations, the Board shall
14issue a report evaluating the impact of the stipend program on
15educator preparation programs, including enrollment and
16completion rates, hiring rates, and retention rates. The Board
17shall issue this report in collaboration with the State Board
18of Education. The Board shall submit this report to the
19General Assembly and Governor on or before June 30 of the
20fiscal year following the third consecutive fiscal year during
21which the stipend program has received funding of at least
22$2,000,000.
23    (p) The Board shall provide guidance and technical
24assistance to educator preparation programs on the
25administration of the stipend program.
26    (q) The Board shall adopt rules regarding the

 

 

HB1375- 41 -LRB104 05627 LNS 15657 b

1administration of the stipend program, including, but not
2limited to, the allocation of funds for the stipend program.
3    (r) If the stipend program is funded prior to the adoption
4of rules under subsection (q), emergency rules regarding the
5administration of the stipend program may be adopted by the
6Board subject to the provisions of Section 5-45.65 of the
7Illinois Administrative Procedure Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.