Full Text of HB0164 94th General Assembly
HB0164 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0164
Introduced 1/11/2005, by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/21-1 |
from Ch. 122, par. 21-1 |
105 ILCS 5/24-4.1 |
from Ch. 122, par. 24-4.1 |
105 ILCS 5/34-83.1 |
from Ch. 122, par. 34-83.1 |
30 ILCS 805/8.29 new |
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Amends the School Code.
Provides that no one may teach in the public schools of this State who is not state-certified and highly qualified as defined in the federal No Child Left Behind Act of 2001. Provides that residency within a school district must be considered in
determining the employment and
compensation of a teacher and whether to retain, promote, assign, or transfer that
teacher (now, there is a general prohibition).
Amends the State Mandates Act to require
implementation without reimbursement.
Effective August 15, 2005. |
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0164 |
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LRB094 03609 NHT 33613 b |
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| AN ACT regarding education.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Code is amended by changing
Sections | 5 |
| 21-1, 24-4.1, and 34-83.1 as follows:
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| (105 ILCS 5/21-1) (from Ch. 122, par. 21-1)
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| Sec. 21-1. Qualification of teachers. No one may teach in | 8 |
| the public schools of this State who is not state-certified and | 9 |
| highly qualified as defined in the federal No Child Left Behind | 10 |
| Act of 2001. | 11 |
| No one may be certified to
teach or supervise in the | 12 |
| public schools of this State who is not of
good character, of | 13 |
| good health, a citizen of the United States or
legally present | 14 |
| and authorized for employment, and at least 19 years of age.
An | 15 |
| applicant for a certificate who is not a citizen of the United | 16 |
| States
must sign and file with the State Board of Education a | 17 |
| letter of intent
indicating that either (i) within 10 years | 18 |
| after the date that the letter is
filed or (ii) at the earliest | 19 |
| opportunity after the person becomes eligible to
apply for U.S. | 20 |
| citizenship, the person will apply for U.S. citizenship.
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| Citizenship is not required for the issuance of a temporary | 22 |
| part-time
certificate to participants in approved training | 23 |
| programs for exchange
students as described in Section 21-10.2. | 24 |
| A certificate issued under
this plan shall expire on June 30 | 25 |
| following the date of issue. One
renewal for one year is | 26 |
| authorized if the holder remains as an official
participant in | 27 |
| an approved exchange program.
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| In determining good character under this Section, any | 29 |
| felony
conviction of the applicant may be taken into | 30 |
| consideration, but such a
conviction shall not operate as a bar | 31 |
| to registration.
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| No person otherwise qualified shall be denied the right to |
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| be
certified, to receive training for the purpose of becoming a | 2 |
| teacher or
to engage in practice teaching in any school because | 3 |
| of a physical
disability including but not limited to visual | 4 |
| and hearing
disabilities; nor
shall any school district refuse | 5 |
| to employ a teacher on such grounds,
provided that the person | 6 |
| is able to carry out the duties of the position
for which he | 7 |
| applies.
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| No person may be granted or continue to hold a teaching | 9 |
| certificate who
has knowingly altered or misrepresented his or | 10 |
| her teaching qualifications
in order to acquire the | 11 |
| certificate. Any other certificate held by such
person may be | 12 |
| suspended or revoked by the State Teacher Certification
Board, | 13 |
| depending upon the severity of the alteration or | 14 |
| misrepresentation.
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| No one may teach or supervise in the public schools nor | 16 |
| receive for
teaching or supervising any part of any public | 17 |
| school fund, who does not
hold a certificate of qualification | 18 |
| granted by the State Board of Education
or by the State Teacher | 19 |
| Certification Board and a regional superintendent of
schools as | 20 |
| hereinafter provided, or by the board of education of a city | 21 |
| having
a population exceeding 500,000 inhabitants except as | 22 |
| provided in Section 34-6
and in Section 10-22.34 or Section | 23 |
| 10-22.34b. However, the provisions of this
Article do not apply | 24 |
| to a member of the armed forces who is employed as a
teacher of | 25 |
| subjects in the Reserve Officer's Training Corps of any school.
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| Sections 21-2 through 21-24 do not apply to cities having a | 27 |
| population
exceeding 500,000 inhabitants, until July 1, 1988.
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| Notwithstanding any other provision of this Act, the board | 29 |
| of
education of any school district may grant to a teacher of | 30 |
| the district
a leave of absence with full pay for a period of | 31 |
| not more than one year
to permit such teacher to teach in a | 32 |
| foreign state under the provisions
of the Exchange Teacher | 33 |
| Program established under Public Law 584, 79th
Congress, and | 34 |
| Public Law 402, 80th Congress, as amended. The school
board | 35 |
| granting such leave of absence may employ with or without pay a
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| national of the foreign state wherein the teacher on leave of |
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| absence
will teach, if the national is qualified to teach in | 2 |
| that foreign state,
and if that national will teach in a grade | 3 |
| level similar to the one
which was taught in such foreign | 4 |
| state. The State Board of Education
shall promulgate and | 5 |
| enforce such reasonable rules as may be
necessary to effectuate | 6 |
| this paragraph.
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| (Source: P.A. 93-572, eff. 1-1-04.)
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| (105 ILCS 5/24-4.1) (from Ch. 122, par. 24-4.1)
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| Sec. 24-4.1. Residence requirements. ) Residency within a
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| any school district
must
shall not be considered in determining | 11 |
| the employment and
or the compensation
of a teacher and
or
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| whether to retain, promote, assign , or transfer that teacher.
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| (Source: P.A. 82-381.)
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| (105 ILCS 5/34-83.1) (from Ch. 122, par. 34-83.1)
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| Sec. 34-83.1. Residence requirements. Residency within a
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| any school district
governed by this Article must , if not | 17 |
| required at the time of employment as a
qualification of | 18 |
| employment, shall not be considered in determining the
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| employment and
the
compensation of a teacher and
or whether to | 20 |
| retain, promote, assign , or
transfer
that teacher.
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| (Source: P.A. 82-381.)
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| Section 90. The State Mandates Act is amended by adding | 23 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 26 |
| of this
Act, no reimbursement by the State is required for the | 27 |
| implementation of
any mandate created by this amendatory Act of | 28 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect August | 30 |
| 15, 2005. |
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