Illinois General Assembly - Full Text of SB1901
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Full Text of SB1901  101st General Assembly


Rep. Thomas M. Bennett

Filed: 5/17/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 1901 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Sections
510-20.21, 21B-40, and 21B-50 as follows:
6    (105 ILCS 5/10-20.21)
7    Sec. 10-20.21. Contracts.
8    (a) To award all contracts for purchase of supplies and
9materials or work involving an expenditure in excess of $25,000
10or a lower amount as required by board policy to the lowest
11responsible bidder, considering conformity with
12specifications, terms of delivery, quality and serviceability,
13after due advertisement, except the following: (i) contracts
14for the services of individuals possessing a high degree of
15professional skill where the ability or fitness of the
16individual plays an important part; (ii) contracts for the



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1printing of finance committee reports and departmental
2reports; (iii) contracts for the printing or engraving of
3bonds, tax warrants and other evidences of indebtedness; (iv)
4contracts for the purchase of perishable foods and perishable
5beverages; (v) contracts for materials and work which have been
6awarded to the lowest responsible bidder after due
7advertisement, but due to unforeseen revisions, not the fault
8of the contractor for materials and work, must be revised
9causing expenditures not in excess of 10% of the contract
10price; (vi) contracts for the maintenance or servicing of, or
11provision of repair parts for, equipment which are made with
12the manufacturer or authorized service agent of that equipment
13where the provision of parts, maintenance, or servicing can
14best be performed by the manufacturer or authorized service
15agent; (vii) purchases and contracts for the use, purchase,
16delivery, movement, or installation of data processing
17equipment, software, or services and telecommunications and
18interconnect equipment, software, and services; (viii)
19contracts for duplicating machines and supplies; (ix)
20contracts for the purchase of fuel, including diesel, gasoline,
21oil, aviation, natural gas, or propane, lubricants, or other
22petroleum products natural gas when the cost is less than that
23offered by a public utility; (x) purchases of equipment
24previously owned by some entity other than the district itself;
25(xi) contracts for repair, maintenance, remodeling,
26renovation, or construction, or a single project involving an



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1expenditure not to exceed $50,000 and not involving a change or
2increase in the size, type, or extent of an existing facility;
3(xii) contracts for goods or services procured from another
4governmental agency; (xiii) contracts for goods or services
5which are economically procurable from only one source, such as
6for the purchase of magazines, books, periodicals, pamphlets
7and reports, and for utility services such as water, light,
8heat, telephone or telegraph; (xiv) where funds are expended in
9an emergency and such emergency expenditure is approved by 3/4
10of the members of the board; (xv) State master contracts
11authorized under Article 28A of this Code; and (xvi) contracts
12providing for the transportation of pupils, which contracts
13must be advertised in the same manner as competitive bids and
14awarded by first considering the bidder or bidders most able to
15provide safety and comfort for the pupils, stability of
16service, and any other factors set forth in the request for
17proposal regarding quality of service, and then price. However,
18at no time shall a cause of action lie against a school board
19for awarding a pupil transportation contract per the standards
20set forth in this subsection (a) unless the cause of action is
21based on fraudulent conduct.
22    All competitive bids for contracts involving an
23expenditure in excess of $25,000 or a lower amount as required
24by board policy must be sealed by the bidder and must be opened
25by a member or employee of the school board at a public bid
26opening at which the contents of the bids must be announced.



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1Each bidder must receive at least 3 days' notice of the time
2and place of the bid opening. For purposes of this Section due
3advertisement includes, but is not limited to, at least one
4public notice at least 10 days before the bid date in a
5newspaper published in the district, or if no newspaper is
6published in the district, in a newspaper of general
7circulation in the area of the district. State master contracts
8and certified education purchasing contracts, as defined in
9Article 28A of this Code, are not subject to the requirements
10of this paragraph.
11    Under this Section, the acceptance of bids sealed by a
12bidder and the opening of these bids at a public bid opening
13may be permitted by an electronic process for communicating,
14accepting, and opening competitive bids. However, bids for
15construction purposes are prohibited from being communicated,
16accepted, or opened electronically. An electronic bidding
17process must provide for, but is not limited to, the following
19        (1) On the date and time certain of a bid opening, the
20    primary person conducting the competitive, sealed,
21    electronic bid process shall log onto a specified database
22    using a unique username and password previously assigned to
23    the bidder to allow access to the bidder's specific bid
24    project number.
25        (2) The specified electronic database must be on a
26    network that (i) is in a secure environment behind a



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1    firewall; (ii) has specific encryption tools; (iii)
2    maintains specific intrusion detection systems; (iv) has
3    redundant systems architecture with data storage back-up,
4    whether by compact disc or tape; and (v) maintains a
5    disaster recovery plan.
6It is the legislative intent of Public Act 96-841 to maintain
7the integrity of the sealed bidding process provided for in
8this Section, to further limit any possibility of bid-rigging,
9to reduce administrative costs to school districts, and to
10effect efficiencies in communications with bidders.
11    (b) To require, as a condition of any contract for goods
12and services, that persons bidding for and awarded a contract
13and all affiliates of the person collect and remit Illinois Use
14Tax on all sales of tangible personal property into the State
15of Illinois in accordance with the provisions of the Illinois
16Use Tax Act regardless of whether the person or affiliate is a
17"retailer maintaining a place of business within this State" as
18defined in Section 2 of the Use Tax Act. For purposes of this
19Section, the term "affiliate" means any entity that (1)
20directly, indirectly, or constructively controls another
21entity, (2) is directly, indirectly, or constructively
22controlled by another entity, or (3) is subject to the control
23of a common entity. For purposes of this subsection (b), an
24entity controls another entity if it owns, directly or
25individually, more than 10% of the voting securities of that
26entity. As used in this subsection (b), the term "voting



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1security" means a security that (1) confers upon the holder the
2right to vote for the election of members of the board of
3directors or similar governing body of the business or (2) is
4convertible into, or entitles the holder to receive upon its
5exercise, a security that confers such a right to vote. A
6general partnership interest is a voting security.
7    To require that bids and contracts include a certification
8by the bidder or contractor that the bidder or contractor is
9not barred from bidding for or entering into a contract under
10this Section and that the bidder or contractor acknowledges
11that the school board may declare the contract void if the
12certification completed pursuant to this subsection (b) is
14    (b-5) To require all contracts and agreements that pertain
15to goods and services and that are intended to generate
16additional revenue and other remunerations for the school
17district in excess of $1,000, including without limitation
18vending machine contracts, sports and other attire, class
19rings, and photographic services, to be approved by the school
20board. The school board shall file as an attachment to its
21annual budget a report, in a form as determined by the State
22Board of Education, indicating for the prior year the name of
23the vendor, the product or service provided, and the actual net
24revenue and non-monetary remuneration from each of the
25contracts or agreements. In addition, the report shall indicate
26for what purpose the revenue was used and how and to whom the



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1non-monetary remuneration was distributed.
2    (b-10) To prohibit any contract to purchase food with a
3bidder or offeror if the bidder's or offeror's contract terms
4prohibit the school from donating food to food banks,
5including, but not limited to, homeless shelters, food
6pantries, and soup kitchens.
7    (c) If the State education purchasing entity creates a
8master contract as defined in Article 28A of this Code, then
9the State education purchasing entity shall notify school
10districts of the existence of the master contract.
11    (d) In purchasing supplies, materials, equipment, or
12services that are not subject to subsection (c) of this
13Section, before a school district solicits bids or awards a
14contract, the district may review and consider as a bid under
15subsection (a) of this Section certified education purchasing
16contracts that are already available through the State
17education purchasing entity.
18(Source: P.A. 99-552, eff. 7-15-16.)
19    (105 ILCS 5/21B-40)
20    Sec. 21B-40. Fees.
21    (a) Beginning with the start of the new licensure system
22established pursuant to this Article, the following fees shall
23be charged to applicants:
24        (1) A $100 application fee for a Professional Educator
25    License or an Educator License with Stipulations.



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1    Beginning on July 1, 2018, the license renewal fee for an
2    Educator License with Stipulations with a paraprofessional
3    educator endorsement shall be $25.
4        (1.5) A $50 application fee for a Substitute Teaching
5    License. If the application for a Substitute Teaching
6    License is made and granted after July 1, 2017, the
7    licensee may apply for a refund of the application fee
8    within 18 months of issuance of the new license and shall
9    be issued that refund by the State Board of Education if
10    the licensee provides evidence to the State Board of
11    Education that the licensee has taught pursuant to the
12    Substitute Teaching License at least 10 full school days
13    within one year of issuance.
14        (1.7) A $25 application fee for a Short-Term Substitute
15    Teaching License. The Short-Term Substitute Teaching
16    License must be registered in at least one region in this
17    State, but does not require a registration fee. The
18    licensee may apply for a refund of the application fee
19    within 18 months of issuance of the new license and shall
20    be issued that refund by the State Board of Education if
21    the licensee provides evidence to the State Board of
22    Education that the licensee has taught pursuant to the
23    Short-Term Substitute Teaching License at least 10 full
24    school days within one year of issuance.
25        (2) A $150 application fee for individuals who have not
26    been entitled by an Illinois-approved educator preparation



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1    program at an Illinois institution of higher education and
2    are seeking any of the licenses set forth in subdivision
3    (1) of this subsection (a).
4        (3) A $50 application fee for each endorsement or
5    approval.
6        (4) A $10 per year registration fee for the course of
7    the validity cycle to register the license, which shall be
8    paid to the regional office of education having supervision
9    and control over the school in which the individual holding
10    the license is to be employed. If the individual holding
11    the license is not yet employed, then the license may be
12    registered in any county in this State. The registration
13    fee must be paid in its entirety the first time the
14    individual registers the license for a particular validity
15    period in a single region. No additional fee may be charged
16    for that validity period should the individual
17    subsequently register the license in additional regions.
18    An individual must register the license (i) immediately
19    after initial issuance of the license and (ii) at the
20    beginning of each renewal cycle if the individual has
21    satisfied the renewal requirements required under this
22    Code.
23        Beginning on July 1, 2017, at the beginning of each
24    renewal cycle, individuals who hold a Substitute Teaching
25    License may apply for a reimbursement of the registration
26    fee within 18 months of renewal and shall be issued that



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1    reimbursement by the State Board of Education from funds
2    appropriated for that purpose if the licensee provides
3    evidence to the State Board of Education that the licensee
4    has taught pursuant to the Substitute Teaching License at
5    least 10 full school days within one year of renewal.
6        (5) The license renewal fee for an Educator License
7    with Stipulations with a paraprofessional educator
8    endorsement is $25.
9    (b) All application fees paid pursuant to subdivisions (1)
10through (3) of subsection (a) of this Section shall be
11deposited into the Teacher Certificate Fee Revolving Fund and
12shall be used, subject to appropriation, by the State Board of
13Education to provide the technology and human resources
14necessary for the timely and efficient processing of
15applications and for the renewal of licenses. Funds available
16from the Teacher Certificate Fee Revolving Fund may also be
17used by the State Board of Education to support the recruitment
18and retention of educators, to support educator preparation
19programs as they seek national accreditation, and to provide
20professional development aligned with the requirements set
21forth in Section 21B-45 of this Code. A majority of the funds
22in the Teacher Certificate Fee Revolving Fund must be dedicated
23to the timely and efficient processing of applications and for
24the renewal of licenses. The Teacher Certificate Fee Revolving
25Fund is not subject to administrative charge transfers,
26authorized under Section 8h of the State Finance Act, from the



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1Teacher Certificate Fee Revolving Fund into any other fund of
2this State, and moneys in the Teacher Certificate Fee Revolving
3Fund shall not revert back to the General Revenue Fund at any
5    The regional superintendent of schools shall deposit the
6registration fees paid pursuant to subdivision (4) of
7subsection (a) of this Section into the institute fund
8established pursuant to Section 3-11 of this Code.
9    (c) The State Board of Education and each regional office
10of education are authorized to charge a service or convenience
11fee for the use of credit cards for the payment of license
12fees. This service or convenience fee shall not exceed the
13amount required by the credit card processing company or vendor
14that has entered into a contract with the State Board or
15regional office of education for this purpose, and the fee must
16be paid to that company or vendor.
17    (d) If, at the time a certificate issued under Article 21
18of this Code is exchanged for a license issued under this
19Article, a person has paid registration fees for any years of
20the validity period of the certificate and these years have not
21expired when the certificate is exchanged, then those fees must
22be applied to the registration of the new license.
23(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17;
24100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff.
258-10-18; revised 10-1-18.)



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1    (105 ILCS 5/21B-50)
2    Sec. 21B-50. Alternative educator licensure program.
3    (a) There is established an alternative educator licensure
4program, to be known as the Alternative Educator Licensure
5Program for Teachers.
6    (b) The Alternative Educator Licensure Program for
7Teachers may be offered by a recognized institution approved to
8offer educator preparation programs by the State Board of
9Education, in consultation with the State Educator Preparation
10and Licensure Board.
11    The program shall be comprised of 4 phases:
12        (1) A course of study that at a minimum includes
13    instructional planning; instructional strategies,
14    including special education, reading, and English language
15    learning; classroom management; and the assessment of
16    students and use of data to drive instruction.
17        (2) A year of residency, which is a candidate's
18    assignment to a full-time teaching position or as a
19    co-teacher for one full school year. An individual must
20    hold an Educator License with Stipulations with an
21    alternative provisional educator endorsement in order to
22    enter the residency and must complete additional program
23    requirements that address required State and national
24    standards, pass the State Board's teacher performance
25    assessment of professional teaching before entering the
26    second residency year, as required under phase (3) of this



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1    subsection (b), and be recommended by the principal or
2    qualified equivalent of a principal, as required under
3    subsection (d) of this Section, and the program coordinator
4    to continue with the second year of the residency.
5        (3) A second year of residency, which shall include the
6    candidate's assignment to a full-time teaching position
7    for one school year. The candidate must be assigned an
8    experienced teacher to act as a mentor and coach the
9    candidate through the second year of residency.
10        (4) A comprehensive assessment of the candidate's
11    teaching effectiveness, as evaluated by the principal or
12    qualified equivalent of a principal, as required under
13    subsection (d) of this Section, and the program
14    coordinator, at the end of the second year of residency. If
15    there is disagreement between the 2 evaluators about the
16    candidate's teaching effectiveness, the candidate may
17    complete one additional year of residency teaching under a
18    professional development plan developed by the principal
19    or qualified equivalent and the preparation program. At the
20    completion of the third year, a candidate must have
21    positive evaluations and a recommendation for full
22    licensure from both the principal or qualified equivalent
23    and the program coordinator or no Professional Educator
24    License shall be issued.
25    Successful completion of the program shall be deemed to
26satisfy any other practice or student teaching and content



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1matter requirements established by law.
2    (c) An alternative provisional educator endorsement on an
3Educator License with Stipulations is valid for 2 years of
4teaching in the public schools, including without limitation a
5preschool educational program under Section 2-3.71 of this Code
6or charter school, or in a State-recognized nonpublic school in
7which the chief administrator is required to have the licensure
8necessary to be a principal in a public school in this State
9and in which a majority of the teachers are required to have
10the licensure necessary to be instructors in a public school in
11this State, but may be renewed for a third year if needed to
12complete the Alternative Educator Licensure Program for
13Teachers. The endorsement shall be issued only once to an
14individual who meets all of the following requirements:
15        (1) Has graduated from a regionally accredited college
16    or university with a bachelor's degree or higher.
17        (2) Has a cumulative grade point average of 3.0 or
18    greater on a 4.0 scale or its equivalent on another scale.
19        (3) Has completed a major in the content area if
20    seeking a middle or secondary level endorsement or, if
21    seeking an early childhood, elementary, or special
22    education endorsement, has completed a major in the content
23    area of reading, English/language arts, mathematics, or
24    one of the sciences. If the individual does not have a
25    major in a content area for any level of teaching, he or
26    she must submit transcripts to the State Board of Education



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1    to be reviewed for equivalency.
2        (4) Has successfully completed phase (1) of subsection
3    (b) of this Section.
4        (5) Has passed a test of basic skills and content area
5    test required for the specific endorsement for admission
6    into the program, as required under Section 21B-30 of this
7    Code.
8    A candidate possessing the alternative provisional
9educator endorsement may receive a salary, benefits, and any
10other terms of employment offered to teachers in the school who
11are members of an exclusive bargaining representative, if any,
12but a school is not required to provide these benefits during
13the years of residency if the candidate is serving only as a
14co-teacher. If the candidate is serving as the teacher of
15record, the candidate must receive a salary, benefits, and any
16other terms of employment. Residency experiences must not be
17counted towards tenure.
18    (d) The recognized institution offering the Alternative
19Educator Licensure Program for Teachers must partner with a
20school district, including without limitation a preschool
21educational program under Section 2-3.71 of this Code or
22charter school, or a State-recognized, nonpublic school in this
23State in which the chief administrator is required to have the
24licensure necessary to be a principal in a public school in
25this State and in which a majority of the teachers are required
26to have the licensure necessary to be instructors in a public



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1school in this State. A recognized institution that partners
2with a public school district administering a preschool
3educational program under Section 2-3.71 of this Code must
4require a principal to recommend or evaluate candidates in the
5program. A recognized institution that partners with an
6eligible entity administering a preschool educational program
7under Section 2-3.71 of this Code and that is not a public
8school district must require a principal or qualified
9equivalent of a principal to recommend or evaluate candidates
10in the program. The program presented for approval by the State
11Board of Education must demonstrate the supports that are to be
12provided to assist the provisional teacher during the 2-year
13residency period. These supports must provide additional
14contact hours with mentors during the first year of residency.
15    (e) Upon completion of the 4 phases outlined in subsection
16(b) of this Section and all assessments required under Section
1721B-30 of this Code, an individual shall receive a Professional
18Educator License.
19    (f) The State Board of Education, in consultation with the
20State Educator Preparation and Licensure Board, may adopt such
21rules as may be necessary to establish and implement the
22Alternative Educator Licensure Program for Teachers.
23(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
24100-822, eff. 1-1-19.)
25    Section 99. Effective date. This Act takes effect upon



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1becoming law.".