Illinois General Assembly - Full Text of SB3663
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Full Text of SB3663  102nd General Assembly

SB3663sam001 102ND GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 2/7/2022

 

 


 

 


 
10200SB3663sam001LRB102 22693 RJT 35761 a

1
AMENDMENT TO SENATE BILL 3663

2    AMENDMENT NO. ______. Amend Senate Bill 3663 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 2-3.103, 10-17, 10-20.26, 21B-45, and 27-23.7 and by
6adding Section 2-3.192 as follows:
 
7    (105 ILCS 5/2-3.103)  (from Ch. 122, par. 2-3.103)
8    Sec. 2-3.103. Salary and benefit survey. Except as
9otherwise provided in this Section, for For each school year
10commencing on or after January 1, 1992, the State Board of
11Education shall conduct, in each school district, a school
12district salary and benefits survey covering the district's
13certificated and educational support personnel. However, the
14collection of information covering educational support
15personnel must be limited to districts with 1,000 or more
16students enrolled.

 

 

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1    A survey form shall be developed and furnished by the
2State Board of Education to each school district on or before
3October 1 of the school year covered by the survey, and each
4school district shall submit a completed survey to the State
5Board of Education on or before February 1 of the school year
6covered by the survey.
7    The State Board of Education shall compile, by April 30 of
8the school year covered by the survey, a statewide salary and
9benefit survey report based upon the surveys completed and
10submitted for that school year by the individual school
11districts as required by this Section, and shall make the
12survey report available to all school districts and to all
13"employee organizations" as defined in Section 2 of the
14Illinois Educational Labor Relations Act.
15    The data required to be reported by each school district
16on the salary and benefits survey developed and furnished
17under this Section for the school year covered by the survey
18shall include, but shall not be limited to, the following:
19        (1) the district's estimated fall enrollment;
20        (2) with respect to both its certificated and
21    educational support personnel employees:
22            (A) whether the district has a salary schedule,
23        salary policy but no salary schedule, or no salary
24        policy and no salary schedule;
25            (B) when each such salary schedule or policy of
26        the district was or will be adopted;

 

 

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1            (C) whether there is a negotiated agreement
2        between the school board and any teacher, educational
3        support personnel or other employee organization and,
4        if so, the affiliation of the local of such
5        organization, together with the month and year of
6        expiration of the negotiated agreement and whether it
7        contains a fair share provision; and if there is no
8        such negotiated agreement but the district does have a
9        salary schedule or policy, a brief explanation of the
10        manner in which each such salary schedule or policy
11        was developed prior to its adoption by the school
12        board, including a statement of whether any meetings
13        between the school board and the superintendent
14        leading up to adoption of the salary schedule or
15        policy were based upon, or were conducted without any
16        discussions between the superintendent and the
17        affected teachers, educational support personnel or
18        other employees;
19            (D) whether the district's salary program,
20        policies or provisions are based upon merit or
21        performance evaluation of individual teachers,
22        educational support personnel or other employees, and
23        whether they include: severance pay provisions; early
24        retirement incentives; sick leave bank provisions;
25        sick leave accumulation provisions and, if so, to how
26        many days; personal, business or emergency leave with

 

 

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1        pay and, if so, the number of days; or direct
2        reimbursement in whole or in part for expenses, such
3        as tuition and materials, incurred in acquiring
4        additional college credit;
5            (E) whether school board paid or tax sheltered
6        retirement contributions are included in any existing
7        salary schedule or policy of the school district; what
8        percent (if any) of the salary of each different
9        certified and educational support personnel employee
10        classification (using the employee salary which
11        reflects the highest regularly scheduled step in that
12        classification on the salary schedule or policy of the
13        district) is school board paid to an employee
14        retirement system; the highest scheduled salary and
15        the level of education or training required to reach
16        the highest scheduled salary in each certified and
17        educational support personnel employee classification;
18        using annual salaries from the school board's salary
19        schedule or policy for each certified and educational
20        support personnel employee classification (and
21        excluding from such salaries items of individual
22        compensation resulting from extra-curricular duties,
23        employment beyond the regular school year and
24        longevity service pay, but including additional
25        compensation such as grants and cost of living bonuses
26        that are received by all employees in a classification

 

 

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1        or by all employees in a classification who are at the
2        maximum experience level), the beginning, maximum and
3        specified intermediate salaries reported to an
4        employee retirement system (including school board
5        paid or tax sheltered retirement contributions, but
6        excluding fringe benefits) for each educational or
7        training category within each certified and
8        educational support personnel employee classification;
9        and the completed years of experience required to
10        reach such maximum regularly scheduled and highest
11        scheduled salaries;
12            (F) whether the school district provides longevity
13        pay beyond the last annual regular salary increase
14        available under the district's salary schedule or
15        policy; and if so, the maximum earnings with longevity
16        for each educational or training category specified by
17        the State Board of Education in its survey form (based
18        on salary reported to an employee's retirement system,
19        including school board paid and tax sheltered
20        retirement contributions, but excluding fringe
21        benefits, and with maximum longevity step numbers and
22        completed years of experience computed as provided in
23        the survey form);
24            (G) for each dental, disability, hospitalization,
25        life, prescription or vision insurance plan, cafeteria
26        plan or other fringe benefit plan sponsored by the

 

 

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1        school board: (i) a statement of whether such plan is
2        available to full time teachers or other certificated
3        personnel covered by a district salary schedule or
4        policy, whether such plan is available to full time
5        educational support personnel covered by a district
6        salary schedule or policy, and whether all full time
7        employees to whom coverage under such plan is
8        available are entitled to receive the same benefits
9        under that plan; and (ii) the total annual cost of
10        coverage under that plan for a covered full time
11        employee who is at the highest regularly scheduled
12        step on the salary schedule or policy of the district
13        applicable to such employee, the percent of that total
14        annual cost paid by the school board, the total annual
15        cost of coverage under that plan for the family of that
16        employee, and the percent of that total annual cost
17        for family coverage paid by the school board.
18    In addition, each school district shall provide to the
19State Board of Education, on or before February 1 of the school
20year covered by the survey, as required by this Section, a copy
21of each salary schedule, salary policy and negotiated
22agreement which is identified or otherwise referred to in the
23completed survey form.
24    This Section does not apply for 2 years beginning on the
25effective date of this amendatory Act of the 102nd General
26Assembly.

 

 

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1(Source: P.A. 96-1423, eff. 8-3-10.)
 
2    (105 ILCS 5/2-3.192 new)
3    Sec. 2-3.192. Reduction in reporting.
4    (a) The State Board of Education shall combine Grant
5Periodic Reporting and Electronic Expenditure Reporting into
6one report that shall be due at the close of the second quarter
7and fourth quarter, unless a school district requires
8reimbursement for expenses before the close of the second
9quarter or the fourth quarter. If a school district requires
10reimbursement for expenses before the close of the second
11quarter or fourth quarter, the State Board of Education may
12elect to submit the report more frequently.
13    (b) The State Board shall require only school districts
14that have multiple facilities or schools to comply with the
15Site-Based Expenditure Reporting requirements of Title I of
16the federal Every Student Succeeds Act. School districts with
17a single facility or school need not comply with the
18Site-Based Expenditure Reporting requirements.
19    (c) The State Board shall combine the financial reporting
20required for all school districts into the following 2
21reports:
22        (1) one report, to be titled "Budget Report", that
23    reflects the planned spending of school districts; and
24        (2) one report, to be titled "Audit/Annual Financial
25    Report", that contains the actual expenses of school

 

 

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1    districts at the close of a fiscal year.
2    (d) The State Board of Education shall review all reports
3on the ISBE Web Application (IWAS) system and eliminate all
4reports that the Board considers to be outdated or obsolete.
5Reports to be reviewed include, but are not limited to, IDEA
6Part B Flow-through, IDEA Part B Preschool, ARRA Education
7Jobs Supplemental Funds, ARRA IDEA Part B Flow-through, ARRA
8IDEA Part B Preschool, ARRA NCLB Consolidated Application,
9Foster Care Transportation Plan, GATA Risk Assessment, NCLB
10Consolidated Application, Preschool for All Cont. 0-3 EC,
11Preschool for All Cont. 3-5 EC, Teacher Quality-Teacher
12Residencies RFP, Title I District Plan, Reduction in Force
13Survey, Survey of Learning Conditions, End of the Year Report,
14Teacher Salary Study, and ISBE Dash.
15    (e) For any reports that school districts are required to
16return to the State Board of Education, the State Board of
17Education shall only send deadline notices to school districts
18that have not already completed their reporting obligations.
 
19    (105 ILCS 5/10-17)  (from Ch. 122, par. 10-17)
20    Sec. 10-17. Statement of affairs.
21    (a) In Class I or Class II county school units the school
22board may use either a cash basis or accrual system of
23accounting; however, any board so electing to use the accrual
24system may not change to a cash basis without the permission of
25the State Board of Education.

 

 

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1    School Boards using either a cash basis or accrual system
2of accounting shall maintain records showing the assets,
3liabilities and fund balances in such minimum forms as may be
4prescribed by the State Board of Education. Prior to the
5effective date of this amendatory Act of the 102nd General
6Assembly and beginning again 2 years after the effective date
7of this amendatory Act of the 102nd General Assembly, such
8Such boards shall make available to the public a statement of
9the affairs of the district prior to December 1 annually by
10submitting the statement of affairs in such form as may be
11prescribed by the State Board of Education for posting on the
12State Board of Education's Internet website, by having copies
13of the statement of affairs available in the main
14administrative office of the district, and by publishing in a
15newspaper of general circulation published in the school
16district an annual statement of affairs summary containing at
17a minimum all of the following information:
18        (1) A summary statement of operations for all funds of
19    the district, as excerpted from the statement of affairs
20    filed with the State Board of Education. The summary
21    statement must include a listing of all moneys received by
22    the district, indicating the total amounts, in the
23    aggregate, each fund of the district received, with a
24    general statement concerning the source of receipts.
25        (2) Except as provided in subdivision (3) of this
26    subsection (a), a listing of all moneys paid out by the

 

 

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1    district where the total amount paid during the fiscal
2    year exceeds $2,500 in the aggregate per person, giving
3    the name of each person to whom moneys were paid and the
4    total paid to each person.
5        (3) A listing of all personnel, by name, with an
6    annual fiscal year gross payment in the categories set
7    forth in subdivisions 1 and 2 of subsection (c) of this
8    Section.
9In this Section, "newspaper of general circulation" means a
10newspaper of general circulation published in the school
11district, or, if no newspaper is published in the school
12district, a newspaper published in the county where the school
13district is located or, if no newspaper is published in the
14county, a newspaper published in the educational service
15region where the regional superintendent of schools has
16supervision and control of the school district. The submission
17to the State Board of Education shall include an assurance
18that the statement of affairs has been made available in the
19main administrative office of the school district and that the
20required notice has been published in accordance with this
21Section.
22    After December 15 annually, upon 10 days prior written
23notice to the school district, the State Board of Education
24may discontinue the processing of payments to the State
25Comptroller's office on behalf of any school district that is
26not in compliance with the requirements imposed by this

 

 

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1Section. The State Board of Education shall resume the
2processing of payments to the State Comptroller's Office on
3behalf of the school district once the district is in
4compliance with the requirements imposed by this Section.
5    The State Board of Education must post, on or before
6January 15, all statements of affairs timely received from
7school districts.
8    (b) When any school district is the administrative
9district for several school districts operating under a joint
10agreement as authorized by this Code, no receipts or
11disbursements accruing, received or paid out by that school
12district as such an administrative district shall be included
13in the statement of affairs of the district required by this
14Section. However, that district shall have prepared and made
15available to the public, in accordance with subsection (a) of
16this Section, in the same manner and subject to the same
17requirements as are provided in this Section for the statement
18of affairs of that district, a statement showing the cash
19receipts and disbursements by funds (or the revenue, expenses
20and financial position, if the accrual system of accounting is
21used) of the district as such administrative district, in the
22form prescribed by the State Board of Education. The costs of
23publishing the notice and summary of this separate statement
24prepared by such an administrative district shall be
25apportioned among and paid by the participating districts in
26the same manner as other costs and expenses accruing to those

 

 

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1districts jointly.
2    School districts on a cash basis shall have prepared and
3made available to the public, in accordance with subsection
4(a) of this Section, a statement showing the cash receipts and
5disbursements by funds in the form prescribed by the State
6Board of Education.
7    School districts using the accrual system of accounting
8shall have prepared and made available to the public, in
9accordance with subsection (a) of this Section, a statement of
10revenue and expenses and a statement of financial position in
11the form prescribed by the State Board of Education.
12    In Class II county school units such statement shall be
13prepared and made available to the public, in accordance with
14subsection (a) of this Section, by the township treasurer of
15the unit within which such districts are located, except with
16respect to the school board of any school district that no
17longer is subject to the jurisdiction and authority of a
18township treasurer or trustees of schools of a township
19because the district has withdrawn from the jurisdiction and
20authority of the township treasurer and trustees of schools of
21the township or because those offices have been abolished as
22provided in subsection (b) or (c) of Section 5-1, and as to
23each such school district the statement required by this
24Section shall be prepared and made available to the public, in
25accordance with subsection (a) of this Section, by the school
26board of such district in the same manner as required for

 

 

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1school boards of school districts situated in Class I county
2school units.
3    (c) The statement of affairs required pursuant to this
4Section shall contain such information as may be required by
5the State Board of Education, including:
6        1. Annual fiscal year gross payment for certificated
7    personnel to be shown by name, listing each employee in
8    one of the following categories:
9            (a) Under $25,000
10            (b) $25,000 to $39,999
11            (c) $40,000 to $59,999
12            (d) $60,000 to $89,999
13            (e) $90,000 and over
14        2. Annual fiscal year payment for non-certificated
15    personnel to be shown by name, listing each employee in
16    one of the following categories:
17            (a) Under $25,000
18            (b) $25,000 to $39,999
19            (c) $40,000 to $59,999
20            (d) $60,000 and over
21        3. In addition to wages and salaries all other moneys
22    in the aggregate paid to recipients of $1,000 or more,
23    giving the name of the person, firm or corporation and the
24    total amount received by each.
25        4. Approximate size of school district in square
26    miles.

 

 

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1        5. Number of school attendance centers.
2        6. Numbers of employees as follows:
3            (a) Full-time certificated employees;
4            (b) Part-time certificated employees;
5            (c) Full-time non-certificated employees;
6            (d) Part-time non-certificated employees.
7        7. Numbers of pupils as follows:
8            (a) Enrolled by grades;
9            (b) Total enrolled;
10            (c) Average daily attendance.
11        8. Assessed valuation as follows:
12            (a) Total of the district;
13            (b) Per pupil in average daily attendance.
14        9. Tax rate for each district fund.
15        10. District financial obligation at the close of the
16    fiscal year as follows:
17            (a) Teachers' orders outstanding;
18            (b) Anticipation warrants outstanding for each
19        fund.
20        11. Total bonded debt at the close of the fiscal year.
21        12. Percent of bonding power obligated currently.
22        13. Value of capital assets of the district including:
23            (a) Land;
24            (b) Buildings;
25            (c) Equipment.
26        14. Total amount of investments each fund.

 

 

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1        15. Change in net cash position from the previous
2    report period for each district fund.
3    In addition to the above report, a report of expenditures
4in the aggregate paid on behalf of recipients of $500 or more,
5giving the name of the person, firm or corporation and the
6total amount received by each shall be available in the school
7district office for public inspection. This listing shall
8include all wages, salaries and expenditures over $500
9expended from any revolving fund maintained by the district.
10Any resident of the school district may receive a copy of this
11report, upon request, by paying a reasonable charge to defray
12the costs of preparing such copy.
13    (d) This Section does not apply to cities having a
14population exceeding 500,000.
15(Source: P.A. 94-875, eff. 7-1-06.)
 
16    (105 ILCS 5/10-20.26)  (from Ch. 122, par. 10-20.26)
17    Sec. 10-20.26. Report of teacher dismissals. To send an
18annual report, on or before October 15, to the State Board of
19Education which discloses the number of probationary teachers
20and the number of teachers in contractual continued service
21who have been dismissed or removed as a result of the board's
22decision to decrease the number of teachers employed or to
23discontinue any type of teaching service. The report will also
24list the number in each teacher category which were
25subsequently reemployed by the board. This Section does not

 

 

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1apply for 2 years beginning on the effective date of this
2amendatory Act of the 102nd General Assembly.
3(Source: P.A. 96-734, eff. 8-25-09.)
 
4    (105 ILCS 5/21B-45)
5    Sec. 21B-45. Professional Educator License renewal.
6    (a) Individuals holding a Professional Educator License
7are required to complete the licensure renewal requirements as
8specified in this Section, unless otherwise provided in this
9Code.
10    Individuals holding a Professional Educator License shall
11meet the renewal requirements set forth in this Section,
12unless otherwise provided in this Code. If an individual holds
13a license endorsed in more than one area that has different
14renewal requirements, that individual shall follow the renewal
15requirements for the position for which he or she spends the
16majority of his or her time working.
17    (b) All Professional Educator Licenses not renewed as
18provided in this Section shall lapse on September 1 of that
19year. Notwithstanding any other provisions of this Section, if
20a license holder's electronic mail address is available, the
21State Board of Education shall send him or her notification
22electronically that his or her license will lapse if not
23renewed, to be sent no more than 6 months prior to the license
24lapsing. Lapsed licenses may be immediately reinstated upon
25(i) payment by the applicant of a $500 penalty to the State

 

 

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1Board of Education or (ii) the demonstration of proficiency by
2completing 9 semester hours of coursework from a regionally
3accredited institution of higher education in the content area
4that most aligns with one or more of the educator's
5endorsement areas. Any and all back fees, including without
6limitation registration fees owed from the time of expiration
7of the license until the date of reinstatement, shall be paid
8and kept in accordance with the provisions in Article 3 of this
9Code concerning an institute fund and the provisions in
10Article 21B of this Code concerning fees and requirements for
11registration. Licenses not registered in accordance with
12Section 21B-40 of this Code shall lapse after a period of 6
13months from the expiration of the last year of registration or
14on January 1 of the fiscal year following initial issuance of
15the license. An unregistered license is invalid after
16September 1 for employment and performance of services in an
17Illinois public or State-operated school or cooperative and in
18a charter school. Any license or endorsement may be
19voluntarily surrendered by the license holder. A voluntarily
20surrendered license shall be treated as a revoked license. An
21Educator License with Stipulations with only a
22paraprofessional endorsement does not lapse.
23    (c) From July 1, 2013 through June 30, 2014, in order to
24satisfy the requirements for licensure renewal provided for in
25this Section, each professional educator licensee with an
26administrative endorsement who is working in a position

 

 

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1requiring such endorsement shall complete one Illinois
2Administrators' Academy course, as described in Article 2 of
3this Code, per fiscal year.
4    (c-5) All licenses issued by the State Board of Education
5under this Article that expire on June 30, 2020 and have not
6been renewed by the end of the 2020 renewal period shall be
7extended for one year and shall expire on June 30, 2021.
8    (d) Beginning July 1, 2014, in order to satisfy the
9requirements for licensure renewal provided for in this
10Section, each professional educator licensee may create a
11professional development plan each year. The plan shall
12address one or more of the endorsements that are required of
13his or her educator position if the licensee is employed and
14performing services in an Illinois public or State-operated
15school or cooperative. If the licensee is employed in a
16charter school, the plan shall address that endorsement or
17those endorsements most closely related to his or her educator
18position. Licensees employed and performing services in any
19other Illinois schools may participate in the renewal
20requirements by adhering to the same process.
21    Except as otherwise provided in this Section, the
22licensee's professional development activities shall align
23with one or more of the following criteria:
24        (1) activities are of a type that engage participants
25    over a sustained period of time allowing for analysis,
26    discovery, and application as they relate to student

 

 

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

 

 

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

 

 

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

 

 

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1    licensee shall complete any missed hours to total the
2    minimum professional development hours required in this
3    Section prior to September 1 of that year. Professional
4    development hours used to fulfill the minimum required
5    hours for a renewal cycle may be used for only one renewal
6    cycle. For any fiscal year or renewal cycle in which an
7    Illinois Administrators' Academy course was required but
8    not completed, the licensee shall complete any missed
9    Illinois Administrators' Academy courses prior to
10    September 1 of that year. The licensee may complete all
11    deficient hours and Illinois Administrators' Academy
12    courses while continuing to work in a position that
13    requires that license until September 1 of that year.
14        (8) Any licensee who has not fulfilled the
15    professional development renewal requirements set forth in
16    this Section at the end of any 5-year renewal cycle is
17    ineligible to register his or her license and may submit
18    an appeal to the State Superintendent of Education for
19    reinstatement of the license.
20        (9) If professional development opportunities were
21    unavailable to a licensee, proof that opportunities were
22    unavailable and request for an extension of time beyond
23    August 31 to complete the renewal requirements may be
24    submitted from April 1 through June 30 of that year to the
25    State Educator Preparation and Licensure Board. If an
26    extension is approved, the license shall remain valid

 

 

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1    during the extension period.
2        (10) Individuals who hold exempt licenses prior to
3    December 27, 2013 (the effective date of Public Act
4    98-610) shall commence the annual renewal process with the
5    first scheduled registration due after December 27, 2013
6    (the effective date of Public Act 98-610).
7        (11) Notwithstanding any other provision of this
8    subsection (e), if a licensee earns more than the required
9    number of professional development hours during a renewal
10    cycle, then the licensee may carry over any hours earned
11    from April 1 through June 30 of the last year of the
12    renewal cycle. Any hours carried over in this manner must
13    be applied to the next renewal cycle. Illinois
14    Administrators' Academy courses or hours earned in those
15    courses may not be carried over.
16    This subsection (e) does not apply for 2 years beginning
17on the effective date of this amendatory Act of the 102nd
18General Assembly.
19    (f) At the time of renewal, each licensee shall respond to
20the required questions under penalty of perjury.
21    (f-5) The State Board of Education shall conduct random
22audits of licensees to verify a licensee's fulfillment of the
23professional development hours required under this Section.
24Upon completion of a random audit, if it is determined by the
25State Board of Education that the licensee did not complete
26the required number of professional development hours or did

 

 

10200SB3663sam001- 24 -LRB102 22693 RJT 35761 a

1not provide sufficient proof of completion, the licensee shall
2be notified that his or her license has lapsed. A license that
3has lapsed under this subsection may be reinstated as provided
4in subsection (b).
5    (g) The following entities shall be designated as approved
6to provide professional development activities for the renewal
7of Professional Educator Licenses:
8        (1) The State Board of Education.
9        (2) Regional offices of education and intermediate
10    service centers.
11        (3) Illinois professional associations representing
12    the following groups that are approved by the State
13    Superintendent of Education:
14            (A) school administrators;
15            (B) principals;
16            (C) school business officials;
17            (D) teachers, including special education
18        teachers;
19            (E) school boards;
20            (F) school districts;
21            (G) parents; and
22            (H) school service personnel.
23        (4) Regionally accredited institutions of higher
24    education that offer Illinois-approved educator
25    preparation programs and public community colleges subject
26    to the Public Community College Act.

 

 

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1        (5) Illinois public school districts, charter schools
2    authorized under Article 27A of this Code, and joint
3    educational programs authorized under Article 10 of this
4    Code for the purposes of providing career and technical
5    education or special education services.
6        (6) A not-for-profit organization that, as of December
7    31, 2014 (the effective date of Public Act 98-1147), has
8    had or has a grant from or a contract with the State Board
9    of Education to provide professional development services
10    in the area of English Learning to Illinois school
11    districts, teachers, or administrators.
12        (7) State agencies, State boards, and State
13    commissions.
14        (8) Museums as defined in Section 10 of the Museum
15    Disposition of Property Act.
16    (h) Approved providers under subsection (g) of this
17Section shall make available professional development
18opportunities that satisfy at least one of the following:
19        (1) increase the knowledge and skills of school and
20    district leaders who guide continuous professional
21    development;
22        (2) improve the learning of students;
23        (3) organize adults into learning communities whose
24    goals are aligned with those of the school and district;
25        (4) deepen educator's content knowledge;
26        (5) provide educators with research-based

 

 

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1    instructional strategies to assist students in meeting
2    rigorous academic standards;
3        (6) prepare educators to appropriately use various
4    types of classroom assessments;
5        (7) use learning strategies appropriate to the
6    intended goals;
7        (8) provide educators with the knowledge and skills to
8    collaborate;
9        (9) prepare educators to apply research to decision
10    making;
11        (10) provide educators with training on inclusive
12    practices in the classroom that examines instructional and
13    behavioral strategies that improve academic and
14    social-emotional outcomes for all students, with or
15    without disabilities, in a general education setting; or
16        (11) beginning on July 1, 2022, provide educators with
17    training on the physical and mental health needs of
18    students, student safety, educator ethics, professional
19    conduct, and other topics that address the well-being of
20    students and improve the academic and social-emotional
21    outcomes of students.
22    (i) Approved providers under subsection (g) of this
23Section shall do the following:
24        (1) align professional development activities to the
25    State-approved national standards for professional
26    learning;

 

 

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1        (2) meet the professional development criteria for
2    Illinois licensure renewal;
3        (3) produce a rationale for the activity that explains
4    how it aligns to State standards and identify the
5    assessment for determining the expected impact on student
6    learning or school improvement;
7        (4) maintain original documentation for completion of
8    activities;
9        (5) provide license holders with evidence of
10    completion of activities;
11        (6) request an Illinois Educator Identification Number
12    (IEIN) for each educator during each professional
13    development activity; and
14        (7) beginning on July 1, 2019, register annually with
15    the State Board of Education prior to offering any
16    professional development opportunities in the current
17    fiscal year.
18    (j) The State Board of Education shall conduct annual
19audits of a subset of approved providers, except for school
20districts, which shall be audited by regional offices of
21education and intermediate service centers. The State Board of
22Education shall ensure that each approved provider, except for
23a school district, is audited at least once every 5 years. The
24State Board of Education may conduct more frequent audits of
25providers if evidence suggests the requirements of this
26Section or administrative rules are not being met.

 

 

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1        (1) (Blank).
2        (2) Approved providers shall comply with the
3    requirements in subsections (h) and (i) of this Section by
4    annually submitting data to the State Board of Education
5    demonstrating how the professional development activities
6    impacted one or more of the following:
7            (A) educator and student growth in regards to
8        content knowledge or skills, or both;
9            (B) educator and student social and emotional
10        growth; or
11            (C) alignment to district or school improvement
12        plans.
13        (3) The State Superintendent of Education shall review
14    the annual data collected by the State Board of Education,
15    regional offices of education, and intermediate service
16    centers in audits to determine if the approved provider
17    has met the criteria and should continue to be an approved
18    provider or if further action should be taken as provided
19    in rules.
20    (k) Registration fees shall be paid for the next renewal
21cycle between April 1 and June 30 in the last year of each
225-year renewal cycle using ELIS. If all required professional
23development hours for the renewal cycle have been completed
24and entered by the licensee, the licensee shall pay the
25registration fees for the next cycle using a form of credit or
26debit card.

 

 

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

 

 

10200SB3663sam001- 30 -LRB102 22693 RJT 35761 a

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

 

 

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1(Source: P.A. 101-85, eff. 1-1-20; 101-531, eff. 8-23-19;
2101-643, eff. 6-18-20; 102-676, eff. 12-3-21.)
 
3    (105 ILCS 5/27-23.7)
4    Sec. 27-23.7. Bullying prevention.
5    (a) The General Assembly finds that a safe and civil
6school environment is necessary for students to learn and
7achieve and that bullying causes physical, psychological, and
8emotional harm to students and interferes with students'
9ability to learn and participate in school activities. The
10General Assembly further finds that bullying has been linked
11to other forms of antisocial behavior, such as vandalism,
12shoplifting, skipping and dropping out of school, fighting,
13using drugs and alcohol, sexual harassment, and sexual
14violence. Because of the negative outcomes associated with
15bullying in schools, the General Assembly finds that school
16districts, charter schools, and non-public, non-sectarian
17elementary and secondary schools should educate students,
18parents, and school district, charter school, or non-public,
19non-sectarian elementary or secondary school personnel about
20what behaviors constitute prohibited bullying.
21    Bullying on the basis of actual or perceived race, color,
22religion, sex, national origin, ancestry, age, marital status,
23physical or mental disability, military status, sexual
24orientation, gender-related identity or expression,
25unfavorable discharge from military service, association with

 

 

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1a person or group with one or more of the aforementioned actual
2or perceived characteristics, or any other distinguishing
3characteristic is prohibited in all school districts, charter
4schools, and non-public, non-sectarian elementary and
5secondary schools. No student shall be subjected to bullying:
6        (1) during any school-sponsored education program or
7    activity;
8        (2) while in school, on school property, on school
9    buses or other school vehicles, at designated school bus
10    stops waiting for the school bus, or at school-sponsored
11    or school-sanctioned events or activities;
12        (3) through the transmission of information from a
13    school computer, a school computer network, or other
14    similar electronic school equipment; or
15        (4) through the transmission of information from a
16    computer that is accessed at a nonschool-related location,
17    activity, function, or program or from the use of
18    technology or an electronic device that is not owned,
19    leased, or used by a school district or school if the
20    bullying causes a substantial disruption to the
21    educational process or orderly operation of a school. This
22    item (4) applies only in cases in which a school
23    administrator or teacher receives a report that bullying
24    through this means has occurred and does not require a
25    district or school to staff or monitor any
26    nonschool-related activity, function, or program.

 

 

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1    (a-5) Nothing in this Section is intended to infringe upon
2any right to exercise free expression or the free exercise of
3religion or religiously based views protected under the First
4Amendment to the United States Constitution or under Section 3
5of Article I of the Illinois Constitution.
6    (b) In this Section:
7    "Bullying" includes "cyber-bullying" and means any severe
8or pervasive physical or verbal act or conduct, including
9communications made in writing or electronically, directed
10toward a student or students that has or can be reasonably
11predicted to have the effect of one or more of the following:
12        (1) placing the student or students in reasonable fear
13    of harm to the student's or students' person or property;
14        (2) causing a substantially detrimental effect on the
15    student's or students' physical or mental health;
16        (3) substantially interfering with the student's or
17    students' academic performance; or
18        (4) substantially interfering with the student's or
19    students' ability to participate in or benefit from the
20    services, activities, or privileges provided by a school.
21    Bullying, as defined in this subsection (b), may take
22various forms, including without limitation one or more of the
23following: harassment, threats, intimidation, stalking,
24physical violence, sexual harassment, sexual violence, theft,
25public humiliation, destruction of property, or retaliation
26for asserting or alleging an act of bullying. This list is

 

 

10200SB3663sam001- 34 -LRB102 22693 RJT 35761 a

1meant to be illustrative and non-exhaustive.
2    "Cyber-bullying" means bullying through the use of
3technology or any electronic communication, including without
4limitation any transfer of signs, signals, writing, images,
5sounds, data, or intelligence of any nature transmitted in
6whole or in part by a wire, radio, electromagnetic system,
7photoelectronic system, or photooptical system, including
8without limitation electronic mail, Internet communications,
9instant messages, or facsimile communications.
10"Cyber-bullying" includes the creation of a webpage or weblog
11in which the creator assumes the identity of another person or
12the knowing impersonation of another person as the author of
13posted content or messages if the creation or impersonation
14creates any of the effects enumerated in the definition of
15bullying in this Section. "Cyber-bullying" also includes the
16distribution by electronic means of a communication to more
17than one person or the posting of material on an electronic
18medium that may be accessed by one or more persons if the
19distribution or posting creates any of the effects enumerated
20in the definition of bullying in this Section.
21    "Policy on bullying" means a bullying prevention policy
22that meets the following criteria:
23        (1) Includes the bullying definition provided in this
24    Section.
25        (2) Includes a statement that bullying is contrary to
26    State law and the policy of the school district, charter

 

 

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1    school, or non-public, non-sectarian elementary or
2    secondary school and is consistent with subsection (a-5)
3    of this Section.
4        (3) Includes procedures for promptly reporting
5    bullying, including, but not limited to, identifying and
6    providing the school e-mail address (if applicable) and
7    school telephone number for the staff person or persons
8    responsible for receiving such reports and a procedure for
9    anonymous reporting; however, this shall not be construed
10    to permit formal disciplinary action solely on the basis
11    of an anonymous report.
12        (4) Consistent with federal and State laws and rules
13    governing student privacy rights, includes procedures for
14    promptly informing parents or guardians of all students
15    involved in the alleged incident of bullying and
16    discussing, as appropriate, the availability of social
17    work services, counseling, school psychological services,
18    other interventions, and restorative measures.
19        (5) Contains procedures for promptly investigating and
20    addressing reports of bullying, including the following:
21            (A) Making all reasonable efforts to complete the
22        investigation within 10 school days after the date the
23        report of the incident of bullying was received and
24        taking into consideration additional relevant
25        information received during the course of the
26        investigation about the reported incident of bullying.

 

 

10200SB3663sam001- 36 -LRB102 22693 RJT 35761 a

1            (B) Involving appropriate school support personnel
2        and other staff persons with knowledge, experience,
3        and training on bullying prevention, as deemed
4        appropriate, in the investigation process.
5            (C) Notifying the principal or school
6        administrator or his or her designee of the report of
7        the incident of bullying as soon as possible after the
8        report is received.
9            (D) Consistent with federal and State laws and
10        rules governing student privacy rights, providing
11        parents and guardians of the students who are parties
12        to the investigation information about the
13        investigation and an opportunity to meet with the
14        principal or school administrator or his or her
15        designee to discuss the investigation, the findings of
16        the investigation, and the actions taken to address
17        the reported incident of bullying.
18        (6) Includes the interventions that can be taken to
19    address bullying, which may include, but are not limited
20    to, school social work services, restorative measures,
21    social-emotional skill building, counseling, school
22    psychological services, and community-based services.
23        (7) Includes a statement prohibiting reprisal or
24    retaliation against any person who reports an act of
25    bullying and the consequences and appropriate remedial
26    actions for a person who engages in reprisal or

 

 

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1    retaliation.
2        (8) Includes consequences and appropriate remedial
3    actions for a person found to have falsely accused another
4    of bullying as a means of retaliation or as a means of
5    bullying.
6        (9) Is based on the engagement of a range of school
7    stakeholders, including students and parents or guardians.
8        (10) Is posted on the school district's, charter
9    school's, or non-public, non-sectarian elementary or
10    secondary school's existing Internet website, is included
11    in the student handbook, and, where applicable, posted
12    where other policies, rules, and standards of conduct are
13    currently posted in the school and provided periodically
14    throughout the school year to students and faculty, and is
15    distributed annually to parents, guardians, students, and
16    school personnel, including new employees when hired.
17        (11) As part of the process of reviewing and
18    re-evaluating the policy under subsection (d) of this
19    Section, contains a policy evaluation process to assess
20    the outcomes and effectiveness of the policy that
21    includes, but is not limited to, factors such as the
22    frequency of victimization; student, staff, and family
23    observations of safety at a school; identification of
24    areas of a school where bullying occurs; the types of
25    bullying utilized; and bystander intervention or
26    participation. The school district, charter school, or

 

 

10200SB3663sam001- 38 -LRB102 22693 RJT 35761 a

1    non-public, non-sectarian elementary or secondary school
2    may use relevant data and information it already collects
3    for other purposes in the policy evaluation. The
4    information developed as a result of the policy evaluation
5    must be made available on the Internet website of the
6    school district, charter school, or non-public,
7    non-sectarian elementary or secondary school. If an
8    Internet website is not available, the information must be
9    provided to school administrators, school board members,
10    school personnel, parents, guardians, and students.
11        (12) Is consistent with the policies of the school
12    board, charter school, or non-public, non-sectarian
13    elementary or secondary school.
14    "Restorative measures" means a continuum of school-based
15alternatives to exclusionary discipline, such as suspensions
16and expulsions, that: (i) are adapted to the particular needs
17of the school and community, (ii) contribute to maintaining
18school safety, (iii) protect the integrity of a positive and
19productive learning climate, (iv) teach students the personal
20and interpersonal skills they will need to be successful in
21school and society, (v) serve to build and restore
22relationships among students, families, schools, and
23communities, (vi) reduce the likelihood of future disruption
24by balancing accountability with an understanding of students'
25behavioral health needs in order to keep students in school,
26and (vii) increase student accountability if the incident of

 

 

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1bullying is based on religion, race, ethnicity, or any other
2category that is identified in the Illinois Human Rights Act.
3    "School personnel" means persons employed by, on contract
4with, or who volunteer in a school district, charter school,
5or non-public, non-sectarian elementary or secondary school,
6including without limitation school and school district
7administrators, teachers, school social workers, school
8counselors, school psychologists, school nurses, cafeteria
9workers, custodians, bus drivers, school resource officers,
10and security guards.
11    (c) (Blank).
12    (d) Each school district, charter school, and non-public,
13non-sectarian elementary or secondary school shall create,
14maintain, and implement a policy on bullying. In a school
15district organized under Article 34, the , which policy must be
16filed with the State Board of Education. The policy or
17implementing procedure shall include a process to investigate
18whether a reported act of bullying is within the permissible
19scope of the district's or school's jurisdiction and shall
20require that the district or school provide the victim with
21information regarding services that are available within the
22district and community, such as counseling, support services,
23and other programs. School personnel available for help with a
24bully or to make a report about bullying shall be made known to
25parents or legal guardians, students, and school personnel.
26Every 2 years, each school district, charter school, and

 

 

10200SB3663sam001- 40 -LRB102 22693 RJT 35761 a

1non-public, non-sectarian elementary or secondary school shall
2conduct a review and re-evaluation of its policy and make any
3necessary and appropriate revisions. In a school district
4organized under Article 34, the The policy must be filed with
5the State Board of Education after being updated. The State
6Board of Education shall monitor and provide technical support
7for the implementation of policies created under this
8subsection (d).
9    (e) This Section shall not be interpreted to prevent a
10victim from seeking redress under any other available civil or
11criminal law.
12(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
13revised 10-18-21.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".