Full Text of HB2828 102nd General Assembly
HB2828 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2828 Introduced 2/19/2021, by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: |
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Amends the Educator Licensure Article of the School Code. Provides for the reinstatement of a lapsed Professional Educator License upon the payment by the applicant of the lesser of a $100 penalty or a $10 penalty for each year the license has lapsed
(rather than a $500 penalty).
Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 21B-45 as follows: | 6 | | (105 ILCS 5/21B-45) | 7 | | Sec. 21B-45. Professional Educator License renewal. | 8 | | (a) Individuals holding a Professional Educator License | 9 | | are required to complete the licensure renewal requirements as | 10 | | specified in this Section, unless otherwise provided in this | 11 | | Code. | 12 | | Individuals holding a Professional Educator License shall | 13 | | meet the renewal requirements set forth in this Section, | 14 | | unless otherwise provided in this Code. If an individual holds | 15 | | a license endorsed in more than one area that has different | 16 | | renewal requirements, that individual shall follow the renewal | 17 | | requirements for the position for which he or she spends the | 18 | | majority of his or her time working. | 19 | | (b) All Professional Educator Licenses not renewed as | 20 | | provided in this Section shall lapse on September 1 of that | 21 | | year. Notwithstanding any other provisions of this Section, if | 22 | | a license holder's electronic mail address is available, the | 23 | | State Board of Education shall send him or her notification |
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| 1 | | electronically that his or her license will lapse if not | 2 | | renewed, to be sent no more than 6 months prior to the license | 3 | | lapsing. Lapsed licenses may be immediately reinstated upon | 4 | | (i) payment to the State Board of Education by the applicant of | 5 | | the lesser of a $100 $500 penalty or a $10 penalty for each | 6 | | year the license has lapsed to the State Board of Education or | 7 | | (ii) the demonstration of proficiency by completing 9 semester | 8 | | hours of coursework from a regionally accredited institution | 9 | | of higher education in the content area that most aligns with | 10 | | one or more of the educator's endorsement areas. Any and all | 11 | | back fees, including without limitation registration fees owed | 12 | | from the time of expiration of the license until the date of | 13 | | reinstatement, shall be paid and kept in accordance with the | 14 | | provisions in Article 3 of this Code concerning an institute | 15 | | fund and the provisions in Article 21B of this Code concerning | 16 | | fees and requirements for registration. Licenses not | 17 | | registered in accordance with Section 21B-40 of this Code | 18 | | shall lapse after a period of 6 months from the expiration of | 19 | | the last year of registration or on January 1 of the fiscal | 20 | | year following initial issuance of the license. An | 21 | | unregistered license is invalid after September 1 for | 22 | | employment and performance of services in an Illinois public | 23 | | or State-operated school or cooperative and in a charter | 24 | | school. Any license or endorsement may be voluntarily | 25 | | surrendered by the license holder. A voluntarily surrendered | 26 | | license shall be treated as a revoked license. An Educator |
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| 1 | | License with Stipulations with only a paraprofessional | 2 | | endorsement does not lapse.
| 3 | | (c) From July 1, 2013 through June 30, 2014, in order to | 4 | | satisfy the requirements for licensure renewal provided for in | 5 | | this Section, each professional educator licensee with an | 6 | | administrative endorsement who is working in a position | 7 | | requiring such endorsement shall complete one Illinois | 8 | | Administrators' Academy course, as described in Article 2 of | 9 | | this Code, per fiscal year. | 10 | | (c-5) All licenses issued by the State Board of Education | 11 | | under this Article that expire on June 30, 2020 and have not | 12 | | been renewed by the end of the 2020 renewal period shall be | 13 | | extended for one year and shall expire on June 30, 2021. | 14 | | (d) Beginning July 1, 2014, in order to satisfy the | 15 | | requirements for licensure renewal provided for in this | 16 | | Section, each professional educator licensee may create a | 17 | | professional development plan each year. The plan shall | 18 | | address one or more of the endorsements that are required of | 19 | | his or her educator position if the licensee is employed and | 20 | | performing services in an Illinois public or State-operated | 21 | | school or cooperative. If the licensee is employed in a | 22 | | charter school, the plan shall address that endorsement or | 23 | | those endorsements most closely related to his or her educator | 24 | | position. Licensees employed and performing services in any | 25 | | other Illinois schools may participate in the renewal | 26 | | requirements by adhering to the same process. |
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| 1 | | Except as otherwise provided in this Section, the | 2 | | licensee's professional development activities shall align | 3 | | with one or more of the following criteria: | 4 | | (1) activities are of a type that engage participants | 5 | | over a sustained period of time allowing for analysis, | 6 | | discovery, and application as they relate to student | 7 | | learning, social or emotional achievement, or well-being; | 8 | | (2) professional development aligns to the licensee's | 9 | | performance; | 10 | | (3) outcomes for the activities must relate to student | 11 | | growth or district improvement; | 12 | | (4) activities align to State-approved standards;
and | 13 | | (5) higher education coursework. | 14 | | (e) For each renewal cycle, each professional educator | 15 | | licensee shall engage in professional development activities. | 16 | | Prior to renewal, the licensee shall enter electronically into | 17 | | the Educator Licensure Information System (ELIS) the name, | 18 | | date, and location of the activity, the number of professional | 19 | | development hours, and the provider's name. The following | 20 | | provisions shall apply concerning professional development | 21 | | activities: | 22 | | (1) Each licensee shall complete a total of 120 hours | 23 | | of professional development per 5-year renewal cycle in | 24 | | order to renew the license, except as otherwise provided | 25 | | in this Section. | 26 | | (2) Beginning with his or her first full 5-year cycle, |
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| 1 | | any licensee with an administrative endorsement who is not | 2 | | working in a position requiring such endorsement is not | 3 | | required to complete Illinois Administrators' Academy | 4 | | courses, as described in Article 2 of this Code. Such | 5 | | licensees must complete one Illinois Administrators' | 6 | | Academy course within one year after returning to a | 7 | | position that requires the administrative endorsement. | 8 | | (3) Any licensee with an administrative endorsement | 9 | | who is working in a position requiring such endorsement or | 10 | | an individual with a Teacher Leader endorsement serving in | 11 | | an administrative capacity at least 50% of the day shall | 12 | | complete one Illinois Administrators' Academy course, as | 13 | | described in Article 2 of this Code, each fiscal year in | 14 | | addition to 100 hours of professional development per | 15 | | 5-year renewal cycle in accordance with this Code. | 16 | | (4) Any licensee holding a current National Board for | 17 | | Professional Teaching Standards (NBPTS) master teacher | 18 | | designation shall complete a total of 60 hours of | 19 | | professional development per 5-year renewal cycle in order | 20 | | to renew the license. | 21 | | (5) Licensees working in a position that does not | 22 | | require educator licensure or working in a position for | 23 | | less than 50% for any particular year are considered to be | 24 | | exempt and shall be required to pay only the registration | 25 | | fee in order to renew and maintain the validity of the | 26 | | license. |
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| 1 | | (6) Licensees who are retired and qualify for benefits | 2 | | from a State of Illinois retirement system shall notify | 3 | | the State Board of Education using ELIS, and the license | 4 | | shall be maintained in retired status. For any renewal | 5 | | cycle in which a licensee retires during the renewal | 6 | | cycle, the licensee must complete professional development | 7 | | activities on a prorated basis depending on the number of | 8 | | years during the renewal cycle the educator held an active | 9 | | license. If a licensee retires during a renewal cycle, the | 10 | | licensee must notify the State Board of Education using | 11 | | ELIS that the licensee wishes to maintain the license in | 12 | | retired status and must show proof of completion of | 13 | | professional development activities on a prorated basis | 14 | | for all years of that renewal cycle for which the license | 15 | | was active. An individual with a license in retired status | 16 | | shall not be required to complete professional development | 17 | | activities or pay registration fees until returning to a | 18 | | position that requires educator licensure. Upon returning | 19 | | to work in a position that requires the Professional | 20 | | Educator License, the licensee shall immediately pay a | 21 | | registration fee and complete renewal requirements for | 22 | | that year. A license in retired status cannot lapse. | 23 | | Beginning on January 6, 2017 (the effective date of Public | 24 | | Act 99-920) through December 31, 2017, any licensee who | 25 | | has retired and whose license has lapsed for failure to | 26 | | renew as provided in this Section may reinstate that |
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| 1 | | license and maintain it in retired status upon providing | 2 | | proof to the State Board of Education using ELIS that the | 3 | | licensee is retired and is not working in a position that | 4 | | requires a Professional Educator License. | 5 | | (7) For any renewal cycle in which professional | 6 | | development hours were required, but not fulfilled, the | 7 | | licensee shall complete any missed hours to total the | 8 | | minimum professional development hours required in this | 9 | | Section prior to September 1 of that year. Professional | 10 | | development hours used to fulfill the minimum required | 11 | | hours for a renewal cycle may be used for only one renewal | 12 | | cycle. For any fiscal year or renewal cycle in which an | 13 | | Illinois Administrators' Academy course was required but | 14 | | not completed, the licensee shall complete any missed | 15 | | Illinois Administrators' Academy courses prior to | 16 | | September 1 of that year. The licensee may complete all | 17 | | deficient hours and Illinois Administrators' Academy | 18 | | courses while continuing to work in a position that | 19 | | requires that license until September 1 of that year. | 20 | | (8) Any licensee who has not fulfilled the | 21 | | professional development renewal requirements set forth in | 22 | | this Section at the end of any 5-year renewal cycle is | 23 | | ineligible to register his or her license and may submit | 24 | | an appeal to the State Superintendent of Education for | 25 | | reinstatement of the license. | 26 | | (9) If professional development opportunities were |
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| 1 | | unavailable to a licensee, proof that opportunities were | 2 | | unavailable and request for an extension of time beyond | 3 | | August 31 to complete the renewal requirements may be | 4 | | submitted from April 1 through June 30 of that year to the | 5 | | State Educator Preparation and Licensure Board. If an | 6 | | extension is approved, the license shall remain valid | 7 | | during the extension period. | 8 | | (10) Individuals who hold exempt licenses prior to | 9 | | December 27, 2013 (the effective date of Public Act | 10 | | 98-610) shall commence the annual renewal process with the | 11 | | first scheduled registration due after December 27, 2013 | 12 | | (the effective date of Public Act 98-610). | 13 | | (11) Notwithstanding any other provision of this | 14 | | subsection (e), if a licensee earns more than the required | 15 | | number of professional development hours during a renewal | 16 | | cycle, then the licensee may carry over any hours earned | 17 | | from April 1 through June 30 of the last year of the | 18 | | renewal cycle. Any hours carried over in this manner must | 19 | | be applied to the next renewal cycle. Illinois | 20 | | Administrators' Academy courses or hours earned in those | 21 | | courses may not be carried over. | 22 | | (f) At the time of renewal, each licensee shall respond to | 23 | | the required questions under penalty of perjury. | 24 | | (f-5) The State Board of Education shall conduct random | 25 | | audits of licensees to verify a licensee's fulfillment of the | 26 | | professional development hours required under this Section. |
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| 1 | | Upon completion of a random audit, if it is determined by the | 2 | | State Board of Education that the licensee did not complete | 3 | | the required number of professional development hours or did | 4 | | not provide sufficient proof of completion, the licensee shall | 5 | | be notified that his or her license has lapsed. A license that | 6 | | has lapsed under this subsection may be reinstated as provided | 7 | | in subsection (b). | 8 | | (g) The following entities shall be designated as approved | 9 | | to provide professional development activities for the renewal | 10 | | of Professional Educator Licenses: | 11 | | (1) The State Board of Education. | 12 | | (2) Regional offices of education and intermediate | 13 | | service centers. | 14 | | (3) Illinois professional associations representing | 15 | | the following groups that are approved by the State | 16 | | Superintendent of Education: | 17 | | (A) school administrators; | 18 | | (B) principals; | 19 | | (C) school business officials; | 20 | | (D) teachers, including special education | 21 | | teachers; | 22 | | (E) school boards; | 23 | | (F) school districts; | 24 | | (G) parents; and | 25 | | (H) school service personnel. | 26 | | (4) Regionally accredited institutions of higher |
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| 1 | | education that offer Illinois-approved educator | 2 | | preparation programs and public community colleges subject | 3 | | to the Public Community College Act. | 4 | | (5) Illinois public school districts, charter schools | 5 | | authorized under Article 27A of this Code, and joint | 6 | | educational programs authorized under Article 10 of this | 7 | | Code for the purposes of providing career and technical | 8 | | education or special education services. | 9 | | (6) A not-for-profit organization that, as of December | 10 | | 31, 2014 (the effective date of Public Act 98-1147), has | 11 | | had or has a grant from or a contract with the State Board | 12 | | of Education to provide professional development services | 13 | | in the area of English Learning to Illinois school | 14 | | districts, teachers, or administrators. | 15 | | (7) State agencies, State boards, and State | 16 | | commissions. | 17 | | (8) Museums as defined in Section 10 of the Museum | 18 | | Disposition of Property Act. | 19 | | (h) Approved providers under subsection (g) of this | 20 | | Section shall make available professional development | 21 | | opportunities that satisfy at least one of the following: | 22 | | (1) increase the knowledge and skills of school and | 23 | | district leaders who guide continuous professional | 24 | | development; | 25 | | (2) improve the learning of students; | 26 | | (3) organize adults into learning communities whose |
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| 1 | | goals are aligned with those of the school and district; | 2 | | (4) deepen educator's content knowledge; | 3 | | (5) provide educators with research-based | 4 | | instructional strategies to assist students in meeting | 5 | | rigorous academic standards; | 6 | | (6) prepare educators to appropriately use various | 7 | | types of classroom assessments; | 8 | | (7) use learning strategies appropriate to the | 9 | | intended goals; | 10 | | (8) provide educators with the knowledge and skills to | 11 | | collaborate; | 12 | | (9) prepare educators to apply research to decision | 13 | | making; or | 14 | | (10) provide educators with training on inclusive | 15 | | practices in the classroom that examines instructional and | 16 | | behavioral strategies that improve academic and | 17 | | social-emotional outcomes for all students, with or | 18 | | without disabilities, in a general education setting. | 19 | | (i) Approved providers under subsection (g) of this | 20 | | Section shall do the following: | 21 | | (1) align professional development activities to the | 22 | | State-approved national standards for professional | 23 | | learning; | 24 | | (2) meet the professional development criteria for | 25 | | Illinois licensure renewal; | 26 | | (3) produce a rationale for the activity that explains |
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| 1 | | how it aligns to State standards and identify the | 2 | | assessment for determining the expected impact on student | 3 | | learning or school improvement; | 4 | | (4) maintain original documentation for completion of | 5 | | activities; | 6 | | (5) provide license holders with evidence of | 7 | | completion of activities; | 8 | | (6) request an Illinois Educator Identification Number | 9 | | (IEIN) for each educator during each professional | 10 | | development activity; and | 11 | | (7) beginning on July 1, 2019, register annually with | 12 | | the State Board of Education prior to offering any | 13 | | professional development opportunities in the current | 14 | | fiscal year. | 15 | | (j) The State Board of Education shall conduct annual | 16 | | audits of a subset of approved providers, except for school | 17 | | districts, which shall be audited by regional offices of | 18 | | education and intermediate service centers. The State Board of | 19 | | Education shall ensure that each approved provider, except for | 20 | | a school district, is audited at least once every 5 years. The | 21 | | State Board of Education may conduct more frequent audits of | 22 | | providers if evidence suggests the requirements of this | 23 | | Section or administrative rules are not being met. | 24 | | (1) (Blank). | 25 | | (2) Approved providers shall comply with the | 26 | | requirements in subsections (h) and (i) of this Section by |
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| 1 | | annually submitting data to the State Board of Education | 2 | | demonstrating how the professional development activities | 3 | | impacted one or more of the following: | 4 | | (A) educator and student growth in regards to | 5 | | content knowledge or skills, or both; | 6 | | (B) educator and student social and emotional | 7 | | growth; or | 8 | | (C) alignment to district or school improvement | 9 | | plans. | 10 | | (3) The State Superintendent of Education shall review | 11 | | the annual data collected by the State Board of Education, | 12 | | regional offices of education, and intermediate service | 13 | | centers in audits to determine if the approved provider | 14 | | has met the criteria and should continue to be an approved | 15 | | provider or if further action should be taken as provided | 16 | | in rules. | 17 | | (k) Registration fees shall be paid for the next renewal | 18 | | cycle between April 1 and June 30 in the last year of each | 19 | | 5-year renewal cycle using ELIS. If all required professional | 20 | | development hours for the renewal cycle have been completed | 21 | | and entered by the licensee, the licensee shall pay the | 22 | | registration fees for the next cycle using a form of credit or | 23 | | debit card. | 24 | | (l) Any professional educator licensee endorsed for school | 25 | | support personnel who is employed and performing services in | 26 | | Illinois public schools and who holds an active and current |
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| 1 | | professional license issued by the Department of Financial and | 2 | | Professional Regulation or a national certification board, as | 3 | | approved by the State Board of Education, related to the | 4 | | endorsement areas on the Professional Educator License shall | 5 | | be deemed to have satisfied the continuing professional | 6 | | development requirements provided for in this Section. Such | 7 | | individuals shall be required to pay only registration fees to | 8 | | renew the Professional Educator License. An individual who | 9 | | does not hold a license issued by the Department of Financial | 10 | | and Professional Regulation shall complete professional | 11 | | development requirements for the renewal of a Professional | 12 | | Educator License provided for in this Section. | 13 | | (m) Appeals to the State Educator Preparation and | 14 | | Licensure Board
must be made within 30 days after receipt of | 15 | | notice from the State Superintendent of Education that a | 16 | | license will not be renewed based upon failure to complete the | 17 | | requirements of this Section. A licensee may appeal that | 18 | | decision to the State Educator Preparation and Licensure Board | 19 | | in a manner prescribed by rule. | 20 | | (1) Each appeal shall state the reasons why the State | 21 | | Superintendent's decision should be reversed and shall be | 22 | | sent by certified mail, return receipt requested, to the | 23 | | State Board of Education. | 24 | | (2) The State Educator Preparation and Licensure Board | 25 | | shall review each appeal regarding renewal of a license | 26 | | within 90 days after receiving the appeal in order to |
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| 1 | | determine whether the licensee has met the requirements of | 2 | | this Section. The State Educator Preparation and Licensure | 3 | | Board may hold an appeal hearing or may make its | 4 | | determination based upon the record of review, which shall | 5 | | consist of the following: | 6 | | (A) the regional superintendent of education's | 7 | | rationale for recommending nonrenewal of the license, | 8 | | if applicable; | 9 | | (B) any evidence submitted to the State | 10 | | Superintendent along with the individual's electronic | 11 | | statement of assurance for renewal; and | 12 | | (C) the State Superintendent's rationale for | 13 | | nonrenewal of the license. | 14 | | (3) The State Educator Preparation and Licensure Board | 15 | | shall notify the licensee of its decision regarding | 16 | | license renewal by certified mail, return receipt | 17 | | requested, no later than 30 days after reaching a | 18 | | decision. Upon receipt of notification of renewal, the | 19 | | licensee, using ELIS, shall pay the applicable | 20 | | registration fee for the next cycle using a form of credit | 21 | | or debit card. | 22 | | (n) The State Board of Education may adopt rules as may be | 23 | | necessary to implement this Section. | 24 | | (Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | 25 | | 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | 26 | | 1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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