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90_HB0819eng SEE INDEX Amends the School Code. Creates the Professional Teacher Standards Board consisting of 19 members appointed by the Governor, with the advice and consent of the Senate, to administer the Article of the School Code governing the certification of teachers and other certificated school personnel and the approval of teacher and administrator preparation programs. Gives the Professional Teacher Standards Board all powers and duties currently exercised by the State Board of Education and the State Teacher Certification Board with respect to administration of the certification and program approval process, and abolishes the State Teacher Certification Board. Authorizes the Professional Teacher Standards Board to employ an Executive Director and such other staff members as are necessary to exercise its powers and duties and carry out its functions. Effective January 1, 1998. LRB9002629THpk HB0819 Engrossed LRB9002629THpk 1 AN ACT relating to certification of school personnel. 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 5 Sections 2-3.11, 10-21.9, 10-22.20a, 10-22.24a, 10-22.34, 6 14-1.09.1, 14-8.05, 14C-2, 21-1, 21-1a, 21-1b, 21-1c, 21-2, 7 21-2.1, 21-2b, 21-3, 21-4, 21-5, 21-5a, 21-7.1, 21-9, 21-10, 8 21-11, 21-11.1, 21-11.2, 21-11.3, 21-11.4, 21-12, 21-14, 9 21-16, 21-17, 21-19, 21-21, 21-21.1, 21-23, 21-23b, 21-24, 10 21-25, 34-18.5, and 34-83 and adding Section 21-0.01 as 11 follows: 12 (105 ILCS 5/2-3.11) (from Ch. 122, par. 2-3.11) 13 Sec. 2-3.11. Report to Governor and General Assembly. 14 To report to the Governor and General Assembly annually on or 15 before January 14 the condition of the schools of the State 16 for the preceding year, ending on June 30. 17 Such annual report shall contain reports ofthe State18Teacher Certification Board;the schools of the State 19 charitable institutions; reports on driver education, special 20 education, and transportation; and for such year the annual 21 statistical reports of the State Board of Education, 22 including the number and kinds of school districts; number of 23 school attendance centers; number of men and women teachers; 24 enrollment by grades; total enrollment; total days 25 attendance; total days absence; average daily attendance; 26 number of elementary and secondary school graduates; assessed 27 valuation; tax levies and tax rates for various purposes; 28 amount of teachers' orders, anticipation warrants, and bonds 29 outstanding; and number of men and women teachers and total 30 enrollment of private schools. The report shall give for all 31 school districts receipts from all sources and expenditures HB0819 Engrossed -2- LRB9002629THpk 1 for all purposes for each fund; the total operating expense 2 and the per capita cost; federal and state aids and 3 reimbursements; new school buildings, and recognized schools; 4 together with such other information and suggestions as the 5 State Board of Education may deem important in relation to 6 the schools and school laws and the means of promoting 7 education throughout the state. 8 (Source: P.A. 84-1308; 84-1424.) 9 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) 10 Sec. 10-21.9. Criminal background investigations. 11 (a) After August 1, 1985, certified and noncertified 12 applicants for employment with a school district, except 13 school bus driver applicants, are required as a condition of 14 employment to authorize an investigation to determine if such 15 applicants have been convicted of any of the enumerated 16 criminal or drug offenses in subsection (c) of this Section. 17 Authorization for the investigation shall be furnished by the 18 applicant to the school district, except that if the 19 applicant is a substitute teacher seeking employment in more 20 than one school district, a teacher seeking concurrent 21 part-time employment positions with more than one school 22 district (as a reading specialist, special education teacher 23 or otherwise), or an educational support personnel employee 24 seeking employment positions with more than one district, any 25 such district may require the applicant to furnish 26 authorization for the investigation to the regional 27 superintendent of the educational service region in which are 28 located the school districts in which the applicant is 29 seeking employment as a substitute or concurrent part-time 30 teacher or concurrent educational support personnel employee. 31 Upon receipt of this authorization, the school district or 32 the appropriate regional superintendent, as the case may be, 33 shall submit the applicant's name, sex, race, date of birth HB0819 Engrossed -3- LRB9002629THpk 1 and social security number to the Department of State Police 2 on forms prescribed by the Department. The regional 3 superintendent submitting the requisite information to the 4 Department of State Police shall promptly notify the school 5 districts in which the applicant is seeking employment as a 6 substitute or concurrent part-time teacher or concurrent 7 educational support personnel employee that the investigation 8 of the applicant has been requested. The Department of State 9 Police shall conduct an investigation to ascertain if the 10 applicant being considered for employment has been convicted 11 of any of the enumerated criminal or drug offenses in 12 subsection (c). The Department shall charge the school 13 district or the appropriate regional superintendent a fee for 14 conducting such investigation, which fee shall be deposited 15 in the State Police Services Fund and shall not exceed the 16 cost of the inquiry; and the applicant shall not be charged a 17 fee for such investigation by the school district or by the 18 regional superintendent. The regional superintendent may 19 seek reimbursement from the State Board of Education or the 20 appropriate school district or districts for fees paid by the 21 regional superintendent to the Department for the criminal 22 background investigations required by this Section. 23 (b) The Department shall furnish, pursuant to positive 24 identification, records of convictions, until expunged, to 25 the president of the school board for the school district 26 which requested the investigation, or to the regional 27 superintendent who requested the investigation. Any 28 information concerning the record of convictions obtained by 29 the president of the school board or the regional 30 superintendent shall be confidential and may only be 31 transmitted to the superintendent of the school district or 32 his designee, the appropriate regional superintendent if the 33 investigation was requested by the school district, the 34 presidents of the appropriate school boards if the HB0819 Engrossed -4- LRB9002629THpk 1 investigation was requested from the Department of State 2 Police by the regional superintendent, the State 3 Superintendent of Education, the Professional Teacher 4 Standards BoardState Teacher Certification Boardor any 5 other person necessary to the decision of hiring the 6 applicant for employment. A copy of the record of 7 convictions obtained from the Department of State Police 8 shall be provided to the applicant for employment. If an 9 investigation of an applicant for employment as a substitute 10 or concurrent part-time teacher or concurrent educational 11 support personnel employee in more than one school district 12 was requested by the regional superintendent, and the 13 Department of State Police upon investigation ascertains that 14 the applicant has not been convicted of any of the enumerated 15 criminal or drug offenses in subsection (c) and so notifies 16 the regional superintendent, then the regional superintendent 17 shall issue to the applicant a certificate evidencing that as 18 of the date specified by the Department of State Police the 19 applicant has not been convicted of any of the enumerated 20 criminal or drug offenses in subsection (c). The school 21 board of any school district located in the educational 22 service region served by the regional superintendent who 23 issues such a certificate to an applicant for employment as a 24 substitute teacher in more than one such district may rely on 25 the certificate issued by the regional superintendent to that 26 applicant, or may initiate its own investigation of the 27 applicant through the Department of State Police as provided 28 in subsection (a). Any person who releases any confidential 29 information concerning any criminal convictions of an 30 applicant for employment shall be guilty of a Class A 31 misdemeanor, unless the release of such information is 32 authorized by this Section. 33 (c) No school board shall knowingly employ a person who 34 has been convicted for committing attempted first degree HB0819 Engrossed -5- LRB9002629THpk 1 murder or for committing or attempting to commit first degree 2 murder or a Class X felony or any one or more of the 3 following offenses: (i) those defined in Sections 11-6, 11-9, 4 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 5 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 6 and 12-16 of the "Criminal Code of 1961"; (ii) those defined 7 in the "Cannabis Control Act" except those defined in 8 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined 9 in the "Illinois Controlled Substances Act"; and (iv) any 10 offense committed or attempted in any other state or against 11 the laws of the United States, which if committed or 12 attempted in this State, would have been punishable as one or 13 more of the foregoing offenses. 14 (d) No school board shall knowingly employ a person for 15 whom a criminal background investigation has not been 16 initiated. 17 (e) Upon receipt of the record of a conviction of a 18 holder of any certificate issued pursuant to Article 21 or 19 Section 34-8.1 or 34-83 of The School Code, the appropriate 20 regional superintendent of schools or the State 21 Superintendent of Education shall initiate the certificate 22 suspension and revocation proceedings authorized by law. 23 (f) After January 1, 1990 the provisions of this Section 24 shall apply to all employees of persons or firms holding 25 contracts with any school district including, but not limited 26 to, food service workers, school bus drivers and other 27 transportation employees, who have direct, daily contact with 28 the pupils of any school in such district. For purposes of 29 criminal background investigations on employees of persons or 30 firms holding contracts with more than one school district 31 and assigned to more than one school district, the regional 32 superintendent of the educational service region in which the 33 contracting school districts are located may, at the request 34 of any such school district, be responsible for receiving the HB0819 Engrossed -6- LRB9002629THpk 1 authorization for investigation prepared by each such 2 employee and submitting the same to the Department of State 3 Police. Any information concerning the record of conviction 4 of any such employee obtained by the regional superintendent 5 shall be promptly reported to the president of the 6 appropriate school board or school boards. 7 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95; 8 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.) 9 (105 ILCS 5/10-22.20a) (from Ch. 122, par. 10-22.20a) 10 Sec. 10-22.20a. Advanced vocational training program, 11 and career education. To enter into joint agreements with 12 community college districts and other school districts for 13 the purpose of providing career education or advanced 14 vocational training of students in the 11th and higher grades 15 who desire preparation for a trade. Transportation for 16 students to any facility covered by a joint agreement as 17 described in this Section shall be provided by the 18 participating school district, or by the participating school 19 district in conjunction with other school districts. Joint 20 agreements entered into under this Section may include 21 provisions for joint authority to acquire and improve sites, 22 construct and equip facilities thereon and lease and equip 23 facilities deemed necessary by the parties to the joint 24 agreement, to maintain programs and to provide for financing 25 of the foregoing jointly by the respective parties, all in 26 accordance with the terms of the joint agreement. 27 Nothing herein contained shall be construed to restrict 28 or prohibit the rights of community college districts or 29 school districts to enter into joint agreements under the 30 provisions of the Intergovernmental Cooperation Act, as now 31 or hereinafter amended. 32 The duration of the career education or advanced 33 vocational training program shall be such period as the HB0819 Engrossed -7- LRB9002629THpk 1 school district may approve but it may not exceed 2 years for 2 any school district pupil. Participation in the program is 3 accorded the same credit toward a high school diploma as time 4 spent in other courses. 5 The participating community college shall bill each 6 participating student's school district for an amount equal 7 to the per capita cost of operating the community college 8 attended or a charge for participation may be made in 9 accordance with the joint agreement between the community 10 college district and the student's school district. Such 11 agreement shall not provide for payments in excess of the 12 actual cost of operating the course or courses in which the 13 student is enrolled. Participating high schools may use 14 State aid monies to pay the charges. 15 The community college instructors teaching in such 16 programs need not be certified by the Professional Teacher 17 Standards BoardState Teacher Certification Board. 18 (Source: P.A. 79-76.) 19 (105 ILCS 5/10-22.24a) (from Ch. 122, par. 10-22.24a) 20 Sec. 10-22.24a. To employ school counselors certified as 21 such by the Professional Teacher Standards BoardState22Teacher Certification Board, and to supervise school 23 counselor interns enrolled in a school counseling program 24 approved by the Professional Teacher Standards BoardState25Teacher Certification Board. 26 (Source: P.A. 82-998.) 27 (105 ILCS 5/10-22.34) (from Ch. 122, par. 10-22.34) 28 Sec. 10-22.34. Non-certificated personnel. 29 (a) School Boards may employ non-teaching personnel or 30 utilize volunteer personnel for: (1) non-teaching duties not 31 requiring instructional judgment or evaluation of pupils; and 32 (2) supervising study halls, long distance teaching reception HB0819 Engrossed -8- LRB9002629THpk 1 areas used incident to instructional programs transmitted by 2 electronic media such as computers, video, and audio, and 3 detention and discipline areas, and school-sponsored 4 extracurricular activities. 5 (b) School boards may further utilize volunteer 6 non-certificated personnel or employ non-certificated 7 personnel to assist in the instruction of pupils under the 8 immediate supervision of a teacher, holding a valid 9 certificate, directly engaged in teaching subject matter or 10 conducting activities. The teacher shall be continuously 11 aware of the non-certificated persons' activities and shall 12 be able to control or modify them. The State Board of 13 Education, in consultation with the Professional Teacher 14 Standards BoardState Teacher Certification Board, shall 15 determine qualifications of such personnel and shall 16 prescribe rules for determining the duties and activities to 17 be assigned to such personnel. In the determination of 18 qualifications of such personnel, the State Board of 19 Education shall accept coursework earned in a recognized 20 institution or from an institution of higher learning 21 accredited by the North Central Association or other 22 comparable regional accrediting association. 23 (c) School boards may also employ students holding a 24 bachelor's degree from a recognized institution of higher 25 learning as part time teaching interns when such students are 26 enrolled in a college or university internship program, which 27 has prior approval by the Professional Teacher Standards 28 BoardState Board of Education in consultation with the State29Teacher Certification Board, leading to a masters degree. 30 (d) Nothing in this Section shall require constant 31 supervision of a student teacher enrolled in a student 32 teaching course at a college or university, provided such 33 activity has the prior approval of the representative of the 34 higher education institution and teaching plans have HB0819 Engrossed -9- LRB9002629THpk 1 previously been discussed with and approved by the 2 supervising teacher and further provided that such teaching 3 is within guidelines established by the Professional Teacher 4 Standards BoardState Board of Education in consultation with5the State Teacher Certification Board. 6 (Source: P.A. 88-89; 89-159, eff. 1-1-96.) 7 (105 ILCS 5/14-1.09.1) 8 Sec. 14-1.09.1. School psychological services. In the 9 public schools, school psychological services provided by 10 qualified specialists who hold Type 73 School Service 11 Personnel Certificates endorsed for school psychology issued 12 by the Professional Teacher Standards BoardState Teacher13Certification Boardmay include, but are not limited to: (i) 14 administration and interpretation of psychological and 15 educational evaluations; (ii) developing school-based 16 prevention programs, including violence prevention programs; 17 (iii) counseling with students, parents, and teachers on 18 educational and mental health issues; (iv) acting as liaisons 19 between public schools and community agencies; (v) evaluating 20 program effectiveness; (vi) providing crisis intervention 21 within the school setting; (vii) helping teachers, parents, 22 and others involved in the educational process to provide 23 optimum teaching and learning conditions for all students; 24 (viii) supervising school psychologist interns enrolled in 25 school psychology programs that meet the standards 26 established by the State Board of Education; and (ix) 27 screening of school enrollments to identify children who 28 should be referred for individual study. Nothing in this 29 Section prohibits other qualified professionals from 30 providing those services listed for which they are 31 appropriately trained. 32 (Source: P.A. 89-339, eff. 8-17-95.) HB0819 Engrossed -10- LRB9002629THpk 1 (105 ILCS 5/14-8.05) (from Ch. 122, par. 14-8.05) 2 Sec. 14-8.05. Behavioral intervention. 3 (a) The General Assembly finds and declares that 4 principals and teachers of students with disabilities require 5 training and guidance that provide ways for working 6 successfully with children who have difficulties conforming 7 to acceptable behavioral patterns in order to provide an 8 environment in which learning can occur. It is the intent of 9 the General Assembly: 10 (1) That when behavioral interventions are used, 11 they be used in consideration of the pupil's physical 12 freedom and social interaction, and be administered in a 13 manner that respects human dignity and personal privacy 14 and that ensures a pupil's right to placement in the 15 least restrictive educational environment. 16 (2) That behavioral management plans be developed 17 and used, to the extent possible, in a consistent manner 18 when a local educational agency has placed the pupil in a 19 day or residential setting for education purposes. 20 (3) That a statewide study be conducted of the use 21 of behavioral interventions with students with 22 disabilities receiving special education and related 23 services. 24 (4) That training programs be developed and 25 implemented in institutions of higher education that 26 train teachers, and that in-service training programs be 27 made available as necessary in school districts, in 28 educational service centers, and by regional 29 superintendents of schools to assure that adequately 30 trained staff are available to work effectively with the 31 behavioral intervention needs of students with 32 disabilities. 33 (b) On or before September 30, 1993, the State 34 Superintendent of Education shall conduct a statewide study HB0819 Engrossed -11- LRB9002629THpk 1 of the use of behavioral interventions with students with 2 disabilities receiving special education and related 3 services. The study shall include, but not necessarily be 4 limited to identification of the frequency in the use of 5 behavioral interventions; the number of districts with 6 policies in place for working with children exhibiting 7 continuous serious behavioral problems; how policies, rules, 8 or regulations within districts differ between emergency and 9 routine behavioral interventions commonly practiced; the 10 nature and extent of costs for training provided to personnel 11 for implementing a program of nonaversive behavioral 12 interventions; and the nature and extent of costs for 13 training provided to parents of students with disabilities 14 who would be receiving behavioral interventions. The scope 15 of the study shall be developed by the State Board of 16 Education, in consultation with individuals and groups 17 representing parents, teachers, administrators, and 18 advocates. On or before June 30, 1994, the State Board of 19 Education shall issue guidelines based on the study's 20 findings. The guidelines shall address, but not be limited 21 to, the following: (i) appropriate behavioral interventions, 22 and (ii) how to properly document the need for and use of 23 behavioral interventions in the process of developing 24 individualized education plans for students with 25 disabilities. The guidelines shall be used as a reference to 26 assist school boards in developing local policies and 27 procedures in accordance with this Section. The State Board 28 of Education, with the advice of parents of students with 29 disabilities and other parents, teachers, administrators, 30 advocates for persons with disabilities, and individuals with 31 knowledge or expertise in the development and implementation 32 of behavioral interventions for persons with disabilities, 33 shall review its behavioral intervention guidelines at least 34 once every 3 years to determine their continuing HB0819 Engrossed -12- LRB9002629THpk 1 appropriateness and effectiveness and shall make such 2 modifications in the guidelines as it deems necessary. 3 (c) Each school board must establish and maintain a 4 committee to develop policies and procedures on the use of 5 behavioral interventions for students with disabilities who 6 require behavioral intervention. The policies and procedures 7 shall be adopted and implemented by school boards by January 8 1, 1996 and shall: (i) be developed with the advice of 9 parents with students with disabilities and other parents, 10 teachers, administrators, advocates for persons with 11 disabilities, and individuals with knowledge or expertise in 12 the development and implementation of behavioral 13 interventions for persons with disabilities; (ii) emphasize 14 positive interventions that are designed to develop and 15 strengthen desirable behaviors; (iii) incorporate procedures 16 and methods consistent with generally accepted practice in 17 the field of behavioral intervention; (iv) include criteria 18 for determining when a student with disabilities may require 19 a behavioral intervention plan; (v) reflect that the 20 guidelines of the State Board of Education have been reviewed 21 and considered and provide the address of the State Board of 22 Education so that copies of the State Board of Education 23 behavioral guidelines may be requested; and (vi) include 24 procedures for monitoring the use of restrictive behavioral 25 interventions. Each school board shall (i) furnish a copy of 26 its local policies and procedures to parents and guardians of 27 all students with individualized education plans within 15 28 days after the policies and procedures have been adopted by 29 the school board or at the time an individualized education 30 plan is first implemented for the student and at the 31 beginning of each school year thereafter, and (ii) require 32 that each school inform its students of the existence of the 33 policies and procedures annually. 34 (d) The State Superintendent of Education shall consult HB0819 Engrossed -13- LRB9002629THpk 1 with representatives of institutions of higher education and 2 the Professional Teacher Standards BoardState Teacher3Certification Boardin regard to the current training 4 requirements for teachers to ensure that sufficient training 5 is available in appropriate behavioral interventions 6 consistent with professionally accepted practices and 7 standards for people entering the field of education. 8 (Source: P.A. 89-191, eff. 7-21-95.) 9 (105 ILCS 5/14C-2) (from Ch. 122, par. 14C-2) 10 Sec. 14C-2. Definitions. Unless the context indicates 11 otherwise, the terms used in this Article have the following 12 meanings: 13 (a) "State Board" means the State Board of Education. 14 (b) "Certification Board" means the Professional Teacher 15 Standards BoardState Teacher Certification Board. 16 (c) "School District" means any school district 17 established under this Code. 18 (d) "Children of limited English-speaking ability" means 19 (1) children who were not born in the United States whose 20 native tongue is a language other than English and who are 21 incapable of performing ordinary classwork in English; and 22 (2) children who were born in the United States of parents 23 possessing no or limited English-speaking ability and who are 24 incapable of performing ordinary classwork in English. 25 (e) "Teacher of transitional bilingual education" means 26 a teacher with a speaking and reading ability in a language 27 other than English in which transitional bilingual education 28 is offered and with communicative skills in English. 29 (f) "Program in transitional bilingual education" means 30 a full-time program of instruction (1) in all those courses 31 or subjects which a child is required by law to receive and 32 which are required by the child's school district which shall 33 be given in the native language of the children of limited HB0819 Engrossed -14- LRB9002629THpk 1 English-speaking ability who are enrolled in the program and 2 also in English, (2) in the reading and writing of the native 3 language of the children of limited English-speaking ability 4 who are enrolled in the program and in the oral 5 comprehension, speaking, reading and writing of English, and 6 (3) in the history and culture of the country, territory or 7 geographic area which is the native land of the parents of 8 children of limited English-speaking ability who are enrolled 9 in the program and in the history and culture of the United 10 States; or a part-time program of instruction based on the 11 educational needs of those children of limited 12 English-speaking ability who do not need a full-time program 13 of instruction. 14 (Source: P.A. 86-1028.) 15 (105 ILCS 5/21-0.01 new) 16 Sec. 21-0.01. Professional Teacher Standards Board. 17 (a) The Professional Teacher Standards Board is hereby 18 created. The Professional Teacher Standards Board shall 19 consist of 19 members appointed by the Governor with the 20 advice and consent of the Senate. Of the members so 21 appointed, 5 shall be administrative or faculty members of 22 public or private colleges or universities located in the 23 State, one shall be a regional superintendent of schools, 3 24 shall be school administrators employed in the public schools 25 of the State, and 10 shall be classroom teachers employed in 26 the public schools of the State. At least one of the school 27 administrators and 3 of the classroom teachers so appointed 28 shall be employees of a school district that is subject to 29 the provisions of Article 34. Whenever a vacancy in a 30 classroom teacher position on the Professional Teacher 31 Standards Board is to be filled as provided in this Section, 32 each professional teachers' organization is entitled to 33 nominate for each such vacancy one candidate for each 20,000, HB0819 Engrossed -15- LRB9002629THpk 1 or major portion thereof, members of that organization who 2 hold valid teaching certificates. The nominations of the 3 professional teachers' organization shall be submitted by the 4 organization to the Governor not less than 60 days prior to 5 the expiration of the term of a person holding a classroom 6 teacher position on the Professional Teacher Standards Board 7 or not more than 60 days after a vacancy in such a position 8 occurs for any other reason. The nominations, which shall be 9 advisory only, shall be in writing and shall be signed by the 10 president and secretary of the organization submitting the 11 nominations. Of the members initially appointed to the 12 Professional Teacher Standards Board: 2 of the 5 13 administrative or faculty members of public or private 14 colleges or universities shall be appointed to serve terms 15 expiring on the third Monday of January, 2000 and the other 3 16 administrative or faculty members shall be appointed to serve 17 terms expiring on the third Monday of January, 2002; the 18 regional superintendent of schools shall be appointed to 19 serve a term expiring on the third Monday of January, 2000; 2 20 of the 3 school administrators shall be appointed to serve 21 terms expiring on the third Monday of January, 2000 and the 22 other school administrator shall be appointed to serve a term 23 expiring on the third Monday of January, 2002; and 5 of the 24 10 classroom teachers shall be appointed to serve terms 25 expiring on the third Monday of January, 2000 with the 26 remaining 5 classroom teachers being appointed to serve terms 27 expiring on the third Monday of January, 2002. The 28 successors in office of the members initially appointed under 29 this subsection shall each serve terms of 4 years, commencing 30 on the third Monday of January of the appropriate 31 even-numbered year. All members shall serve until a 32 successor is appointed and confirmed, and any vacancy shall 33 be filled for the balance of the unexpired term in the same 34 manner as an appointment for a full term is made. No member HB0819 Engrossed -16- LRB9002629THpk 1 shall be eligible to serve as a member of the Professional 2 Teacher Standards Board for more than 2 terms. 3 (b) The State Teacher Certification Board is abolished 4 and the terms of its members are terminated when 10 of the 5 initial members of the Professional Teacher Standards Board, 6 which shall constitute a quorum of that Board, are appointed 7 and confirmed as provided in subsection (a). The members of 8 the Professional Teacher Standards Board shall take office 9 and assume, exercise, and perform the powers, duties, and 10 responsibilities of that Board under this Article when a 11 quorum of the initial members of that Board is appointed and 12 confirmed. Until the State Teacher Certification Board is 13 abolished upon the appointment and confirmation of 10 persons 14 to serve as initial members of the Professional Teacher 15 Standards Board, but not thereafter, the State Teacher 16 Certification Board shall exercise the powers and duties that 17 it was authorized or required to exercise and perform under 18 this Article prior to its abolition. 19 (c) The chairperson of the Professional Teacher 20 Standards Board shall be elected by the members of the Board 21 from among their number to serve for a term of one year. A 22 person elected to serve as chairperson of the Board may be 23 reelected by the members of the Board to succeed himself or 24 herself in that office. The members of the Professional 25 Teacher Standards Board shall meet promptly upon the 26 appointment of a quorum of the members to organize 27 themselves, elect from their number a chairperson and such 28 other officers as they deem necessary, and establish the 29 dates of the regular meetings of the Board. The Board shall 30 hold special meetings upon the call of the chairperson or a 31 majority of its members. Members of the Professional Teacher 32 Standards Board shall be reimbursed for all ordinary and 33 necessary expenses incurred in performing their duties as 34 members of the Board. HB0819 Engrossed -17- LRB9002629THpk 1 (d) The Professional Teacher Standards Board, as a State 2 agency that is eligible for appropriations, shall comply with 3 the provisions of the Bureau of the Budget Act applicable to 4 State agencies. 5 (e) The Professional Teacher Standards Board, acting in 6 accordance with the provisions of this Article and exercising 7 the exclusive powers granted to it under Section 21-1c, shall 8 have the power and authority to do all of the following: 9 (1) set standards for teaching, supervising, or 10 holding other certificated employment in the public 11 schools, and administer the certification process as 12 provided in this Article; 13 (2) approve and evaluate teacher and administrator 14 preparation programs; 15 (3) revoke and suspend certificates issued for 16 teaching, supervising, or holding other certificated 17 employment in the public schools; 18 (4) enter into agreements with other states 19 relative to reciprocal approval of teacher and 20 administrator preparation programs; 21 (5) establish standards for the issuance of new 22 types of certificates; 23 (6) employ and direct an Executive Director and 24 such other staff as the Board deems necessary to exercise 25 its powers and duties under this Article, subject to the 26 following conditions: all employees of the State Board of 27 Education who shall lose their employment with the State 28 Board of Education as the result of the establishment of 29 the Professional Teacher Standards Board and the 30 attendant transfer of power and duties to the 31 Professional Teacher Standards Board shall be afforded 32 the right to transfer their employment without 33 interruption from the State Board of Education to the 34 Professional Teacher Standards Board, retaining their HB0819 Engrossed -18- LRB9002629THpk 1 seniority status and salary as it then exists with the 2 State Board of Education; 3 (7) take such other action relating to the 4 improvement of instruction in the public schools through 5 teacher education and professional development and that 6 attracts qualified candidates into teacher training 7 programs as is appropriate and consistent with applicable 8 laws; and 9 (8) make and prescribe rules and regulations that 10 are necessary for the administration of this Article. 11 (f) The Professional Teacher Standards Board may create 12 standing committees, comprised solely of Board members, when 13 deemed necessary by the Board to carry out its functions and 14 responsibilities under this Article. In addition the Board 15 may establish advisory committees if the Board determines 16 that such action may be necessary or appropriate. 17 (105 ILCS 5/21-1) (from Ch. 122, par. 21-1) 18 Sec. 21-1. Qualification of teachers. No one may be 19 certified to teach or supervise in the public schools of this 20 State who is not of good character, good health, a citizen of 21 the United States or legally present and authorized for 22 employment, and at least 19 years of age. If the holder of a 23 certificate under this Section is not a citizen of the United 24 States 6 years after the date of the issuance of the original 25 certificate, any certificate held by such person on that date 26 shall be cancelled by the board of education and no other 27 certificate to teach shall be issued to such person until 28 such person is a citizen of the United States. 29 Citizenship is not required for the issuance of a 30 temporary part-time certificate to participants in approved 31 training programs for exchange students as described in 32 Section 21-10.2. A certificate issued under this plan shall 33 expire on June 30 following the date of issue. One renewal HB0819 Engrossed -19- LRB9002629THpk 1 for one year is authorized if the holder remains as an 2 official participant in an approved exchange program. 3 In determining good character under this Section, any 4 felony conviction of the applicant may be taken into 5 consideration, but such a conviction shall not operate as a 6 bar to registration. 7 No person otherwise qualified shall be denied the right 8 to be certified, to receive training for the purpose of 9 becoming a teacher or to engage in practice teaching in any 10 school because of a physical disability including but not 11 limited to visual and hearing disabilities; nor shall any 12 school district refuse to employ a teacher on such grounds, 13 provided that the person is able to carry out the duties of 14 the position for which he applies. 15 No person may be granted or continue to hold a teaching 16 certificate who has knowingly altered or misrepresented his 17 or her teaching qualifications in order to acquire the 18 certificate. Any other certificate held by such person may 19 be suspended or revoked by the Professional Teacher Standards 20 BoardState Teacher Certification Board, depending upon the 21 severity of the alteration or misrepresentation. 22 No one may teach or supervise in the public schools nor 23 receive for teaching or supervising any part of any public 24 school fund,who does not hold a certificate of qualification 25 granted, on or after January 1, 1998 by the Professional 26 Teacher Standards Board, or granted prior to that date by the 27 State Board of Education or by the State Teacher 28 Certification Board and a regional superintendent of schools 29as hereinafter provided,or by the board of education of a 30 city having a population exceeding 500,000 inhabitants, 31 except as provided in Section 34-6 and in Section 10-22.34 or 32 Section 10-22.34b. However, the provisions of this Article do 33 not apply to a member of the armed forces who is employed as 34 a teacher of subjects in the Reserve Officer's Training Corps HB0819 Engrossed -20- LRB9002629THpk 1 of any school. Sections 21-2 through 21-24do notapply to 2 cities having a population exceeding 500,000 inhabitants, 3 beginninguntilJuly 1, 1988. 4 Notwithstanding any other provision of this Act, the 5 board of education of any school district may grant to a 6 teacher of the district a leave of absence with full pay for 7 a period of not more than one year to permit such teacher to 8 teach in a foreign state under the provisions of the Exchange 9 Teacher Program established under Public Law 584, 79th 10 Congress, and Public Law 402, 80th Congress, as amended. The 11 school board granting such leave of absence may employ with 12 or without pay a national of the foreign state wherein the 13 teacher on leave of absence will teach, if the national is 14 qualified to teach in that foreign state, and if that 15 national will teach in a grade level similar to the one which 16 was taught in such foreign state. The Professional Teacher 17 Standards BoardState Board of Educationshall promulgate and 18 enforce such reasonable rules and regulations as may be 19 necessary to effectuate the provisions of this Article or may 20 adopt for such purposes any of the rules and regulations 21 promulgated prior to January 1, 1998 by the State Board of 22 Education or by the State Teacher Certification Board prior 23 to the abolition of that Boardparagraph. 24 (Source: P.A. 88-189; 89-159, eff. 1-1-96; 89-397, eff. 25 8-20-95; 89-626, eff. 8-9-96.) 26 (105 ILCS 5/21-1a) (from Ch. 122, par. 21-1a) 27 Sec. 21-1a. Tests required for certification. 28 (a) After July 1, 1988, in addition to all other 29 requirements, early childhood, elementary, special, high 30 school, school service personnel, or, except as provided in 31 Section 34-6, administrative certificates shall be issued to 32 persons who have satisfactorily passed a test of basic skills 33 and subject matter knowledge. The tests of basic skills and HB0819 Engrossed -21- LRB9002629THpk 1 subject matter knowledge shall be the tests which from time 2 to time are designated by the Professional Teacher Standards 3 BoardState Board of Education in consultation with the State4Teacher Certification Boardand may be tests prepared by an 5 educational testing organization or tests designed by the 6 Professional Teacher Standards BoardState Board of Education7in consultation with the State Teacher Certification Board. 8 The areas to be covered by the test of basic skills shall 9 include the basic skills of reading, writing, grammar, and 10 mathematics. The test of subject matter knowledge shall 11 assess content knowledge in the specific subject field. The 12 tests shall be designed to be racially neutral to assure that 13 no person in taking the tests is thereby discriminated 14 against on the basis of race, color, national origin, or 15 other factors unrelated to the person's ability to perform as 16 a certificated employee. The score required to pass the 17 tests of basic skills and subject matter knowledge shall be 18 fixed by the Professional Teacher Standards BoardState Board19of Education in consultation with the State Teacher20Certification Board. The tests shall be held not fewer than 21 3 times a year at such time and place as may be designated by 22 the Professional Teacher Standards BoardState Board of23Education in consultation with the State Teacher24Certification Board. 25 (b) Except as provided in Section 34-6, the provisions 26 of subsection (a) of this Section shall apply equally in any 27 school district subject to Article 34, provided that the28State Board of Education shall determine which certificates29issued under Sections 34-8.1 and 34-83 prior to July 1, 198830are comparable to any early childhood certificate, elementary31school certificate, special certificate, high school32certificate, school service personnel certificate or33administrative certificate issued under this Article as of34July 1, 1988. HB0819 Engrossed -22- LRB9002629THpk 1 (c) A person who holds an early childhood, elementary, 2 special, high school or school service personnel certificate 3 issued under this Article on or at any time before July 1, 4 1988, including a person who has been issued any such 5 certificate pursuant to Section 21-11.1 or in exchange for a 6 comparable certificate theretofore issued under Section 7 34-8.1 or Section 34-83, shall not be required to take or 8 pass the tests in order to thereafter have such certificate 9 renewed. 10 (d) (Blank).The State Board of Education in11consultation with the State Teacher Certification Board shall12conduct a pilot administration of the tests by administering13the test to students completing teacher education programs in14the 1986-87 school year for the purpose of determining the15effect and impact of testing candidates for certification.16 (e) The rules and regulations developed to implement the 17 required test of basic skills and subject matter knowledge 18 shall include the requirements of subsections (a), (b), and 19 (c) and shall include specific regulations to govern test 20 selection; test validation and determination of a passing 21 score; administration of the tests; frequency of 22 administration; applicant fees; frequency of applicants' 23 taking the tests; the years for which a score is valid; and, 24 waiving certain additional tests for additional certificates 25 to individuals who have satisfactorily passed the test of 26 basic skills and subject matter knowledge as required in 27 subsection (a). The Professional Teacher Standards Board 28State Board of Educationshall provide, by rule, specific 29 policies that assure uniformity in the difficulty level of 30 each form of the basic skills test and each subject matter 31 knowledge test from test-to-test and year-to-year. The 32 Professional Teacher Standards BoardState Board of Education33 shall also set a passing score for the tests. 34(f) The State Teacher Certification Board may issue aHB0819 Engrossed -23- LRB9002629THpk 1nonrenewable temporary certificate between July 1, 1988 and2August 31, 1988 to individuals who have taken the tests of3basic skills and subject matter knowledge prescribed by this4Section but have not received such test scores by August 31,51988. Such temporary certificates shall expire on December631, 1988.7 (Source: P.A. 86-361; 86-734; 86-1028; 86-1471; 86-1488; 8 87-242.) 9 (105 ILCS 5/21-1b) (from Ch. 122, par. 21-1b) 10 Sec. 21-1b. Subject endorsement on certificates. All 11 certificates initially issued under this Article after June 12 30, 1986, shall be specifically endorsedby the State Board13of Educationfor each subject the holder of the certificate 14 is legally qualified to teach, such endorsements to be made 15 in accordance with standards promulgated by the Professional 16 Teacher Standards BoardState Board of Education in17consultation with the State Teacher Certification Board. All 18 certificates which are issued under this Article prior to 19 July 1, 1986 may, by application to the Professional Teacher 20 Standards BoardState Board of Education, be specifically 21 endorsed for each subject the holder is legally qualified to 22 teach. All subject endorsements made on or after January 1, 23 1998 to new or existing certificates as provided in this 24 Section shall be made by the Professional Teacher Standards 25 Board. Each application for endorsement of an existing 26 teaching certificate shall be accompanied by a $20 27 nonrefundable fee. 28 Commencing January 1, 1994, an additional $10 shall be 29 charged for each application for endorsement. There is 30 hereby created a Teacher Certificate Fee Revolving Fund as a 31 special fund within the State Treasury. The proceeds of the 32 additional $10 fee shall be paid into the Teacher Certificate 33 Fee Revolving Fund; and the moneys in that Fund shall be HB0819 Engrossed -24- LRB9002629THpk 1 appropriated to the Professional Teacher Standards Board and 2 used by that Board to provide the technology and other 3 resources necessary for the timely and efficient processing 4 of certification requests. 5 (Source: P.A. 88-224.) 6 (105 ILCS 5/21-1c) (from Ch. 122, par. 21-1c) 7 Sec. 21-1c. Exclusive certificate authority. Only the 8 Professional Teacher Standards BoardState Board of Education9and State Teacher Certification Board, acting in accordance 10 with the applicable provisions of this Act and the rules, 11 regulations and standards promulgated thereunder, shall have 12 the authority to issue or endorse any certificate required 13 for teaching, supervising or holding certificated employment 14 in the public schools; and no other State agency shall have 15 any power or authority (i) to establish or prescribe any 16 qualifications or other requirements applicable to teacher or 17 administrator training and certification or to the issuance 18 or endorsement of anysuchcertificate required for teaching, 19 supervising, or holding certified employment in the public 20 schools, or (ii) to establish or prescribe any licensure or 21 equivalent requirement which must be satisfied in order to 22 teach, supervise or hold certificated employment in the 23 public schools. 24 (Source: P.A. 86-1441.) 25 (105 ILCS 5/21-2) (from Ch. 122, par. 21-2) 26 Sec. 21-2. Grades of certificates. All certificates 27 issued under this Article shall be State certificates valid, 28 except as limited in Section 21-1, in every school district 29 coming under the provisions of this Act and shall be limited 30 in time and designated as follows: Provisional vocational 31 certificate, temporary provisional vocational certificate, 32 early childhood certificate, elementary school certificate, HB0819 Engrossed -25- LRB9002629THpk 1 special certificate, high school certificate, school service 2 personnel certificate, administrative certificate, 3 provisional certificate, and substitute certificate. The 4 requirement of student teaching under close and competent 5 supervision for obtaining a teaching certificate may be 6 waived by the Professional Teacher Standards BoardState7Teacher Certification Boardupon presentation to thatthe8 Board by the teacher of evidence of 5 years successful 9 teaching experience on a valid certificate and graduation 10 from a recognized institution of higher learning with a 11 bachelor's degree with not less than 120 semester hours and a 12 minimum of 16 semester hours in professional education. 13 (Source: P.A. 88-92.) 14 (105 ILCS 5/21-2.1) (from Ch. 122, par. 21-2.1) 15 Sec. 21-2.1. Early childhood certificate. An early 16 childhood certificate shall be valid for 4 years for teaching 17 children up to 6 years of age, exclusive of children enrolled 18 in kindergarten, in facilities approved by the Professional 19 Teacher Standards BoardState Superintendent of Education. 20 Beginning July 1, 1988, such certificate shall be valid for 4 21 years for teaching children through grade 3 in facilities 22 approved by the Professional Teacher Standards BoardState23Superintendent of Education. Subject to the provisions of 24 Section 21-1a, it shall be issued to persons who have 25 graduated from a recognized institution of higher learning 26 with a bachelor's degree and with not fewer than 120 semester 27 hours including professional education or human development 28 or, until July 1, 1992, to persons who have early childhood 29 education instruction and practical experience involving 30 supervised work with children under 6 years of age or with 31 children through grade 3. Such persons shall be recommended 32 for the early childhood certificate by a recognized 33 institution as having completed an approved program of HB0819 Engrossed -26- LRB9002629THpk 1 preparation which includes the requisite hours and academic 2 and professional courses and practical experience approved by 3 the Professional Teacher Standards BoardState Superintendent4of Education in consultation with the State Teacher5Certification Board. 6 (Source: P.A. 85-1389.) 7 (105 ILCS 5/21-2b) (from Ch. 122, par. 21-2b) 8 Sec. 21-2b. Teacher education program entrance.In9consultation with the State Teacher Certification BoardThe 10 Professional Teacher Standards BoardState Board of Education11 shall develop procedures which ensure that all students 12 entering approved teacher education programs are proficient 13 in the areas of reading, mathematics and language arts. Each 14 institution of higher learning shall submit to the 15 Professional Teacher Standards BoardState Teacher16Certification Boarda plan which sets forth procedures for 17 implementation of this Section. 18 (Source: P.A. 84-126.) 19 (105 ILCS 5/21-3) (from Ch. 122, par. 21-3) 20 Sec. 21-3. Elementary certificate. An elementary school 21 certificate shall be valid for 4 years for teaching in the 22 kindergarten and lower 9 grades of the common schools. 23 Subject to the provisions of Section 21-1a, it shall be 24 issued to persons who have graduated from a recognized 25 institution of higher learning with a bachelor's degree and 26 with not fewer than 120 semester hours and with a minimum of 27 16 semester hours in professional education, including 5 28 semester hours in student teaching under competent and close 29 supervision. Such persons shall be recommended for the 30 elementary certificate by a recognized institution as having 31 completed an approved program of preparation which includes 32 intensive preservice training in the humanities, natural HB0819 Engrossed -27- LRB9002629THpk 1 sciences, mathematics, and the academic and professional 2 courses approved by the Professional Teacher Standards Board 3State Superintendent of Education in consultation with the4State Teacher Certification Board. 5 (Source: P.A. 84-126.) 6 (105 ILCS 5/21-4) (from Ch. 122, par. 21-4) 7 Sec. 21-4. Special certificate. A special certificate 8 shall be valid for 4 years for teaching the special subjects 9 named therein in all grades of the common schools. Subject to 10 the provisions of Section 21-1a, it shall be issued to 11 persons who have graduated from a recognized institution of 12 higher learning with a bachelor's degree and with not fewer 13 than 120 semester hours including a minimum of 16 semester 14 hours in professional education, 5 of which shall be in 15 student teaching under competent and close supervision. When 16 the holder of such certificate has earned a master's degree, 17 including 8eightsemester hours of graduate professional 18 education from a recognized institution of higher learning 19 and with 2twoyears' teaching experience, it may be endorsed 20 for supervision. 21 Such persons shall be recommended for the special 22 certificate by a recognized institution as having completed 23 an approved program of preparation which includes academic 24 and professional courses approved by the Professional Teacher 25 Standards BoardState Superintendent of Education in26consultation with the State Teacher Certification Board. 27 (Source: P.A. 84-126.) 28 (105 ILCS 5/21-5) (from Ch. 122, par. 21-5) 29 Sec. 21-5. High school certificate. A high school 30 certificate shall be valid for 4 years for teaching in grades 31 6 to 12 inclusive of the common schools. Subject to the 32 provisions of Section 21-1a, it shall be issued to persons HB0819 Engrossed -28- LRB9002629THpk 1 who have graduated from a recognized institution of higher 2 learning with a bachelor's degree and with not fewer than 120 3 semester hours including 16 semester hours in professional 4 education, 5 of which shall be in student teaching under 5 competent and close supervision and with one or more teaching 6 fields. Such persons shall be recommended for the high school 7 certificate by a recognized institution as having completed 8 an approved program of preparation which includes the 9 academic and professional courses approved by the 10 Professional Teacher Standards BoardState Superintendent of11Education in consultation with the State Teacher12Certification Board. 13 (Source: P.A. 84-126.) 14 (105 ILCS 5/21-5a) (from Ch. 122, par. 21-5a) 15 Sec. 21-5a. Alternative math-science certification. The 16 Professional Teacher Standards BoardState Board of17Education, in consultation with the State Teacher18Certification Board,shallestablish andimplement and 19 administer an alternative certification program under which 20 persons who qualify for admission to, and who successfully 21 complete the program and meet the additional requirements 22 established by this Section shall be issued an alternative 23 teaching certificate for teaching mathematics, science, or 24 mathematics and science in grades 9 through 12 of the common 25 schools. In establishing an alternative certification 26 program under this Section, the Professional Teacher 27 Standards BoardState Board of Educationshall designate an 28 appropriate area within the State where the program shall be 29 offered and made available to persons qualified for admission 30 to the program. In addition, the Professional Teacher 31 Standards BoardState Board of Education, in cooperation with 32 one or more recognized institutions of higher learning, shall 33 develop, evaluate, and revise as necessary a comprehensive HB0819 Engrossed -29- LRB9002629THpk 1 course of study that persons admitted to the program must 2 successfully complete in order to satisfy one criterion for 3 issuance of an alternative certificate under this Section. 4 The comprehensive course of study so developed shall include 5 one semester of practice teaching. 6 An alternative teaching certificate, valid for 4 years 7 for teaching mathematics, science, or mathematics and science 8 in grades 9 through 12 of the common schools and renewable as 9 provided in Section 21-14, shall be issued under this Section 10 21-5a to persons who qualify for admission to the alternative 11 certification program and who at the time of applying for an 12 alternative teaching certificate under this Section: 13 (1) have graduated with a master's degree in 14 mathematics or any science discipline from an institution 15 of higher learning whose scholarship standards are 16 approved by the Professional Teacher Standards Board 17State Board of Educationfor purposes of the alternative 18 certification program; 19 (2) have been employed for at least 10 years in an 20 area requiring knowledge and practical application of 21 their academic background in mathematics or a science 22 discipline; 23 (3) have successfully completed the alternative 24 certification program and the course of comprehensive 25 study, including one semester of practice teaching, 26 developed as part of the program as provided in this 27 Section and approved by the Professional Teacher 28 Standards BoardState Board of Education; and 29 (4) have passed the test of basic skills and 30 subject matter knowledge required by Section 21-1a. 31 The alternative certification program shall be 32 implemented at the commencement of the 1992-1993 academic 33 year. 34 The Professional Teacher Standards BoardState Board ofHB0819 Engrossed -30- LRB9002629THpk 1Educationshall establish criteria for admission to the 2 alternative certification program and shall adopt rules and 3 regulations that are consistent with this Section and that 4 the Professional Teacher Standards BoardState Board of5Educationdeems necessary toestablish andimplement and 6 administer the program. 7 (Source: P.A. 87-446.) 8 (105 ILCS 5/21-7.1) (from Ch. 122, par. 21-7.1) 9 Sec. 21-7.1. Administrative certificate. 10 (a) After January 1, 1986, an administrative certificate 11 valid for 5 years of supervising and administering in the 12 public common schools may be issued to persons who have 13 graduated from a recognized institution of higher learning 14 with a master's degree and who have been certified by these 15 institutions of higher learning as having completed a program 16 of preparation for one or more of these endorsements. Such 17 programs of academic and professional preparation required 18 for endorsement shall be administered by the institution in 19 accordance with standards set forth by the Professional 20 Teacher Standards BoardState Superintendent of Education in21consultation with the State Teacher Certification Board. 22 (b) No administrative certificate shall be issued for 23 the first time after June 30, 1987 and no endorsement 24 provided for by this Section shall be made or affixed to an 25 administrative certificate for the first time after June 30, 26 1987 unless the person to whom such administrative 27 certificate is to be issued or to whose administrative 28 certificate such endorsement is to be affixed has been 29 required to demonstrate as a part of a program of academic or 30 professional preparation for such certification or 31 endorsement: (i) an understanding of the knowledge called for 32 in establishing productive parent-school relationships and of 33 the procedures fostering the involvement which such HB0819 Engrossed -31- LRB9002629THpk 1 relationships demand; and (ii) an understanding of the 2 knowledge required for establishing a high quality school 3 climate and promoting good classroom organization and 4 management, including rules of conduct and instructional 5 procedures appropriate to accomplishing the tasks of 6 schooling; and (iii) a demonstration of the knowledge and 7 skills called for in providing instructional leadership. The 8 standards for demonstrating an understanding of such 9 knowledge shall be set forth by the Professional Teacher 10 Standards BoardState Board of Education in consultation with11the State Teacher Certification Board,and shall be 12 administered by the recognized institutions of higher 13 learning as part of the programs of academic and professional 14 preparation required for certification and endorsement under 15 this Section. As used in this subsection: "establishing 16 productive parent-school relationships" means the ability to 17 maintain effective communication between parents and school 18 personnel, to encourage parental involvement in schooling, 19 and to motivate school personnel to engage parents in 20 encouraging student achievement, including the development of 21 programs and policies which serve to accomplish this purpose; 22 and "establishing a high quality school climate" means the 23 ability to promote academic achievement, to maintain 24 discipline, to recognize substance abuse problems among 25 students and utilize appropriate law enforcement and other 26 community resources to address these problems, to support 27 teachers and students in their education endeavors, to 28 establish learning objectives, and to provide instructional 29 leadership, including the development of policies and 30 programs which serve to accomplish this purpose; and 31 "providing instructional leadership" means the ability to 32 effectively evaluate school personnel, to possess general 33 communication and interpersonal skills, and to establish and 34 maintain appropriate classroom learning environments. The HB0819 Engrossed -32- LRB9002629THpk 1 provisions of this subsection shall not apply to or affect 2 the initial issuance or making on or before June 30, 1987 of 3 any administrative certificate or endorsement provided for 4 under this Section, nor shall such provisions apply to or 5 affect the renewal after June 30, 1987 of any such 6 certificate or endorsement initially issued or made on or 7 before June 30, 1987. 8 (c) Administrative certificates shall be renewed every 5 9fiveyears with the first renewal being 5fiveyears 10 following the initial receipt of an administrative 11 certificate. Renewal requirements for administrators whose 12 positions require certification shall be based upon evidence 13 of continuing professional education which promotes the 14 following goals: (1) Improving administrators' knowledge of 15 instructional practices and administrative procedures; (2) 16 Maintaining the basic level of competence required for 17 initial certification; and (3) Improving the mastery of 18 skills and knowledge regarding the improvement of teaching 19 performance in clinical settings and assessment of the levels 20 of student performance in their schools. Evidence of 21 continuing professional education must include verification 22 of biennial attendance in a program developed by the Illinois 23 Administrators' Academy and verification of annual 24 participation in a school district approved activity which 25 contributes to continuing professional education. The 26 Professional Teacher Standards BoardState Board of27Education, in consultation with the State Teacher28Certification Board,shall develop, evaluate, and revise as 29 necessary procedures for implementing this Section and shall 30 administer the renewal of administrative certificates. 31 Failure to submit satisfactory evidence of continuing 32 professional education which contributes to promoting the 33 goals of this Section shall result in a loss of 34 administrative certification. HB0819 Engrossed -33- LRB9002629THpk 1 (d) Any limited or life supervisory certificate issued 2 prior to July 1, 1968 shall continue to be valid for all 3 administrative and supervisory positions in the public 4 schools for which it is valid as of that date as long as its 5 holder meets the requirements for registration or renewal as 6 set forth in the statutes or until revoked according to law. 7 (e) The administrative or supervisory positions for 8 which the certificate shall be valid shall be determined by 9 one or more of 3 endorsements: general supervisory, general 10 administrative and superintendent. 11 Subject to the provisions of Section 21-1a, endorsements 12 shall be made under conditions set forth in this Section. 13 The Professional Teacher Standards BoardState Board of14Educationshall, in consultation with the State Teacher15Certification Board,adopt rules pursuant to the Illinois 16 Administrative Procedure Act,establishing requirements for 17 obtaining administrative certificates where the minimum 18 administrative or supervisory requirements surpass those set 19 forth in this Section. 20 If the Professional Teacher Standards Board establishes 21State Teacher Certification Board shall file with the State22Board of Education a written recommendation when considering23 additional administrative or supervisory requirements, those.24Alladditional requirements shall be based upon the requisite 25 knowledge necessary to perform thethosetasks required by 26 the certificate. The Professional Teacher Standards Board 27State Board of Educationshallin consultation with the State28Teacher Certification Board,establish standards within its 29 rules which shall include the academic and professional 30 requirements necessary for certification. These standards 31 shall at a minimum contain, but not be limited to, those used 32 by the Professional Teacher Standards BoardState Board of33Educationin determining whether additional knowledge will be 34 required. Additionally, the Professional Teacher Standards HB0819 Engrossed -34- LRB9002629THpk 1 BoardState Board of Educationshallin consultation with the2State Teacher Certification Board,establish provisions 3 within its rules whereby any member of the educational 4 community or the public may file a formal written 5 recommendation or inquiry regarding requirements. 6 (1) The general supervisory endorsement shall be 7 affixed to the administrative certificate of any holder 8 who has at least 16 semester hours of graduate credit in 9 professional education including 8 semester hours of 10 graduate credit in curriculum and research and who has at 11 least 2 years of full-time teaching experience or school 12 service personnel experience in public schools, schools 13 under the supervision of the Department of Corrections, 14 schools under the administration of the Department of 15 Rehabilitation Services, or nonpublic schools meeting the 16 standards established by the State Superintendent of 17 Education or comparable out-of-state recognition 18 standards approved by the State Superintendent of 19 Education. 20 Such endorsement shall be required for supervisors, 21 curriculum directors and for such similar and related 22 positions as determined by the Professional Teacher 23 Standards BoardState Superintendent of Education in24consultation with the State Teacher Certification Board. 25 (2) The general administrative endorsement shall be 26 affixed to the administrative certificate of any holder 27 who has at least 20 semester hours of graduate credit in 28 educational administration and supervision and who has at 29 least 2 years of full-time teaching experience or school 30 service personnel experience in public schools, schools 31 under the supervision of the Department of Corrections, 32 schools under the administration of the Department of 33 Rehabilitation Services, or nonpublic schools meeting the 34 standards established by the State Superintendent of HB0819 Engrossed -35- LRB9002629THpk 1 Education or comparable out-of-state recognition 2 standards approved by the State Superintendent of 3 Education. 4 Such endorsement shall be required for principal, 5 assistant principal, assistant or associate 6 superintendent, junior college dean and for related or 7 similar positions as determined by the Professional 8 Teacher Standards BoardState Superintendent of Education9in consultation with the State Teacher Certification10Board. 11 Notwithstanding any other provisions of this Act, 12 after January 1, 1990 and until January 1, 1991, any 13 teacher employed by a district subject to Article 34 14 shall be entitled to receive an administrative 15 certificate with a general administrative endorsement 16 affixed thereto if he or she: (i) had at least 3 years of 17 experience as a certified teacher for such district prior 18 to August 1, 1985; (ii) obtained a Master's degree prior 19 to August 1, 1985; (iii) completed at least 20 hours of 20 graduate credit in education courses (including at least 21 12 hours in educational administration and supervision) 22 prior to September 1, 1987; and (iv) has received a 23 rating of superior for at least each of the last 5 years. 24 Any person who obtains an administrative certificate with 25 a general administrative endorsement affixed thereto 26 under this paragraph shall not be qualified to serve in 27 any administrative position except assistant principal. 28 (3) The chief school business official endorsement 29 shall be affixed to the administrative certificate of any 30 holder who qualifies by having a Master's degree, 2two31 years of administrative experience in school business 32 management, and a minimum of 20 semester hours of 33 graduate credit in a program established by the 34 Professional Teacher Standards BoardState SuperintendentHB0819 Engrossed -36- LRB9002629THpk 1of Education in consultation with the State Teacher2Certification Boardfor the preparation of school 3 business administrators. Such endorsement shall also be 4 affixed to the administrative certificate of any holder 5 who qualifies by having a Master's Degree in Business 6 Administration, Finance or Accounting from a regionally 7 accredited institution of higher education. 8 After June 30, 1977, such endorsement shall be 9 required for any individual first employed as a chief 10 school business official. 11 (4) The superintendent endorsement shall be affixed to 12 the administrative certificate of any holder who has 13 completed 30 semester hours of graduate credit beyond the 14 master's degree in a program for the preparation of 15 superintendents of schools including 16 semester hours of 16 graduate credit in professional education and who has at 17 least 2 years experience as an administrator or supervisor in 18 the public schools or the State Board of Education or 19 education service regions or in nonpublic schools meeting the 20 standards established by the State Superintendent of 21 Education or comparable out-of-state recognition standards 22 approved by the State Superintendent of Education and holds 23 general supervisory or general administrative endorsement, or 24 who has had 2 years of experience as a supervisor or 25 administrator while holding an all-grade supervisory 26 certificate or a certificate comparable in validity and 27 educational and experience requirements. 28 After June 30, 1968, such endorsement shall be required 29 for a superintendent of schools, except as provided in the 30 second paragraph of this Section and in Section 34-6. 31 Any person appointed to the position of superintendent 32 between the effective date of this Act and June 30, 1993 in a 33 school district organized pursuant to Article 32 with an 34 enrollment of at least 20,000 pupils shall be exempt from the HB0819 Engrossed -37- LRB9002629THpk 1 provisions of this subsection (4) until June 30, 1996. 2 (f) All official interpretations or acts of issuing or 3 denying administrative certificates or endorsements by the 4 State Teacher's Certification Board, State Board of Education 5 or the State Superintendent of Education, from the passage of 6 P.A. 81-1208 on November 8, 1979 through September 24, 1981 7 are hereby declared valid and legal acts in all respects and 8 further that the purported repeal of the provisions of this 9 Section by P.A. 81-1208 and P.A. 81-1509 is declared null and 10 void. 11 (Source: P.A. 89-626, eff. 8-9-96.) 12 (105 ILCS 5/21-9) (from Ch. 122, par. 21-9) 13 Sec. 21-9. Substitute certificates. 14 (a) A substitute teacher's certificate may be issued by 15 the Professional Teacher Standards Board for teaching in all 16 grades of the common schools. Such certificate may be issued 17 by the Professional Teacher Standards Board upon request of 18 the regional superintendent of schools of any region in 19 which the teacher is to teach. A substitute teacher's 20 certificate is valid for teaching in the public schools of 21 any county. Such certificate may be issued by the 22 Professional Teacher Standards Board to persons who either 23 (i)(a)hold a certificate valid for teaching in the common 24 schools as shown on the face of the certificate, (ii)(b)25 hold a bachelor of arts degree from an institution of higher 26 learning accredited by the North Central Association or other 27 comparable regional accrediting association or have been 28 graduated from a recognized institution of higher learning 29 with a bachelor's degree, or (iii)(c)have had 2 years of 30 teaching experience and meet such other rules and regulations 31 as may be adopted by the Professional Teacher Standards Board 32State Board of Education in consultation with the State33Teacher Certification Board. Such certificate shall expire HB0819 Engrossed -38- LRB9002629THpk 1 on June 30 in the fourth year from date of issue. 2 (b) A teacher holding a substitute teacher's certificate 3 may teach only in the place of a certified teacher who is 4 under contract with the employing board and may teach only 5 when no appropriate fully certified teacher is available to 6 teach in a substitute capacity. A teacher holding an early 7 childhood certificate, an elementary certificate, a high 8 school certificate, or a special certificate may also 9 substitute teach in grades K-12 but only in the place of a 10 certified teacher who is under contract with the employing 11 board. A substitute teacher may teach only for a period not 12 to exceed 90 paid school days or 450 paid school hours in any 13 one school district in any one school term. Where such 14 teaching is partly on a daily and partly on an hourly basis, 15 a school day shall be considered as 5 hours. The teaching 16 limitations imposed by this subsection upon teachers holding 17 substitute certificates shall not apply in any school 18 district operating under Article 34. 19 (Source: P.A. 89-212, eff. 8-4-95.) 20 (105 ILCS 5/21-10) (from Ch. 122, par. 21-10) 21 Sec. 21-10. Provisional certificate. 22 (a) (Blank).Until July 1, 1972, the State Teacher23Certification Board may issue a provisional certificate valid24for teaching in elementary, high school or special subject25fields subject to the following conditions:26A provisional certificate may be issued to a person who27presents certified evidence of having earned a bachelor's28degree from a recognized institution of higher learning. The29academic and professional courses offered as a basis of the30provisional certificate shall be courses approved by the31State Board of Education in consultation with the State32Teacher Certification Board.33A certificate earned under this plan may be renewed atHB0819 Engrossed -39- LRB9002629THpk 1the end of each two-year period upon evidence filed with the2State Teacher Certification Board that the holder has earned38 semester hours of credit within the period; provided the4requirements for the certificate of the same type issued for5the teaching position for which the teacher is employed shall6be met by the end of the second renewal period. A second7provisional certificate shall not be issued. The credits so8earned must be approved by the State Board of Education in9consultation with the State Teacher Certification Board and10must meet the general pattern for a similar type of11certificate issued on the basis of credit. No more than 412semester hours shall be chosen from elective subjects.13 (b) After July 1, 1972 and until January 1, 1998, the 14 State Teacher Certification Board may issue, and on and after 15 January 1, 1998 the Professional Teacher Standards Board may 16 issue a provisional certificate valid for teaching in early 17 childhood, elementary, high school or special subject fields, 18 or for providing service as school service personnel, or for 19 administering schools subject to the following conditions: A 20 provisional certificate may be issued to a person who meets 21 the requirements for a regular teaching, school service 22 personnel or administrative certificate in another State and 23 who presents certified evidence of having earned a bachelor's 24 degree from a recognized institution of higher learning. The 25 academic and professional courses offered as a basis of the 26 provisional certificate shall be courses approved by the 27 Professional Teacher Standards BoardState Board of Education28in consultation with the State Teacher Certification Board. 29 A certificate earned under this plan is valid for a period of 30 2 years and shall not be renewed; however, the individual to 31 whom this certificate is issued shall have passed or shall 32 pass the basic skills test and subject matter knowledge test 33 or tests within 9 months of the date of issuance of the 34 provisional certificate. Failure to pass the tests, required HB0819 Engrossed -40- LRB9002629THpk 1 in Section 21-1a, shall result in the cancellation of the 2 provisional certificate. 3 (c) The Professional Teacher Standards BoardState4Teacher Certification Boardmay also issue a provisional 5 vocational certificate and a temporary provisional vocational 6 certificate. 7 (1) The requirements for a provisional vocational 8 certificate shall be determined by the Professional 9 Teacher Standards Board,State Board of Education in10consultation with the State Teacher Board;provided that, 11 as a minimum requirement, the person to whom the 12 certificate is to be issued has earned, the following13minimum requirements are met: (a) after July 1, 1972, at14least 30 semester hours of credit from a recognized15institution of higher learning; and (b) after July 1,161974,at least 60 semester hours of credit from a 17 recognized institution of higher learning. 18 (2) The requirements for a temporary provisional 19 vocational certificate shall be determined by the 20 Professional Teacher Standards BoardState Board of21Education in consultation with the State Teacher22Certification Board;provided that, as a minimum 23 requirement, the person to whom the certificate is to be 24 issued has, the following minimum requirements are met:25(a) after July 1, 1973, at least 4,000 hours of work26experience in the skill to be certified for teaching; and27(b) after July 1, 1975,at least 8,000 hours of work 28 experience in the skill to be certified for teaching. 29 Any certificate issued under the provisions of this 30 paragraph shall expire on June 30 following the date of 31 issue. Renewals may be granted on a yearly basis, but 32 shall not be granted to any person who does not file with 33 the Professional Teacher Standards BoardState Teacher34Certification Boarda transcript showing at least 3 HB0819 Engrossed -41- LRB9002629THpk 1 semester hours of credit earned during the previous year 2 in a recognized institution of learning. No such 3 certificate shall be issued except upon certification by 4 the employing board, subject to the approval of the 5 regional superintendent of schools, that no qualified 6 teacher holding a regular certificate or a provisional 7 vocational certificate is available and that actual 8 circumstances and need require such issuance. 9 The courses or work experience offered as a basis for the 10 issuance of the provisional vocational certificate or the 11 temporary provisional vocational certificate shall be 12 approved by the Professional Teacher Standards BoardState13Board of Education in consultation with the State Teacher14Certification Board. 15 (d)Until July 1, 1972, the State Teacher Certification16Board may also issue a provisional foreign language17certificate valid for 4 years for teaching the foreign18language named therein in all grades of the common schools19and shall be issued to persons who have graduated from a20recognized institution of higher learning with not fewer than21120 semester hours of credit and who have met other22requirements as determined by the State Board of Education in23consultation with the State Teacher Certification Board.If 24 the holder of a provisional foreign language certificate that 25 was issued under this subsection before July 1, 1972 has been 26 suspended because the holder of that provisional certificate 27 did not becomeis nota citizen of the United Stateswithin 628years of the date of issuance of the original certificate, 29 such certificate shall remainbesuspendedby the regional30superintendent of schools of the region in which the holder31is engaged to teachand shall not be reinstated by the 32 Professional Teacher Standards Board until the holder is a 33 citizen of the United States. 34 (e) Notwithstanding anything in this Act to the HB0819 Engrossed -42- LRB9002629THpk 1 contrary, the Professional Teacher Standards BoardState2Teacher Certification Boardshall issue part-time provisional 3 certificates to eligible individuals who are professionals 4 and craftsmen. 5 The requirements for a part-time provisional teachers 6 certificate shall be determined by the Professional Teacher 7 Standards BoardState Board of Education in consultation with8the State Teacher Certification Board, provided the following 9 minimum requirements are met: 60 semester hours of credit 10 from a recognized institution of higher learning or 4000 11 hours of work experience in the skill to be certified for 12 teaching. 13 A part-time provisional certificate may be issued for 14 teaching no more than 2 courses of study for grades 6 through 15 12. 16 A part-time provisional teachers certificate shall be 17 valid for 2 years and may be renewed at the end of each 2 18 year period. 19 (Source: P.A. 88-204.) 20 (105 ILCS 5/21-11) (from Ch. 122, par. 21-11) 21 Sec. 21-11. General Certificate. The Professional Teacher 22 Standards BoardState Teacher Certification Boardmay issue a 23 general certificate for part-time teachers of adult education 24 subjects. Such certificates shall be for teaching in the 25 subject or subjects named on the certificate. 26 The requirement for this certificate is determined by the 27 Professional Teacher Standards BoardState Board of Education28in consultation with the State Teacher Certification Board. 29 This certificate may be issued by the Professional 30 Teacher Standards BoardState Teacher Certification Board31 upon the request of the board employing such teacher and the 32 approval of the regional superintendent of schools of the 33 region in which the teaching is done. HB0819 Engrossed -43- LRB9002629THpk 1 Any teacher who holds any other valid certificate for 2 teaching in the public schools of Illinois may teach 3 noncredit courses assigned by the superintendent of schools 4 upon the authority of the board of education. 5 (Source: P.A. 81-1508.) 6 (105 ILCS 5/21-11.1) (from Ch. 122, par. 21-11.1) 7 Sec. 21-11.1. Certificates for equivalent 8 qualifications. An applicant who holds or is eligible to hold 9 a teacher's certificate or license under the laws of another 10 state or territory of the United States may be granted a 11 corresponding teacher's certificate in Illinois on the 12 written authorization of the Professional Teacher Standards 13 BoardState Board of Education and the State Teacher14Certification Boardupon the following conditions: 15 (1) That the applicant is at least 19 years of age, 16 is of good character, good health and a citizen of the 17 United States; and 18 (2) That the requirements for a similar teacher's 19 certificate in the particular state or territory were, at 20 the date of issuance of the certificate, substantially 21 equal to the requirements in force at the time the 22 application is made for the certificate in this State. 23 After January 1, 1988, in addition to satisfying the 24 foregoing conditions and requirements, an applicant for a 25 corresponding teaching certificate in Illinois also shall be 26 required to pass the test of basic skills and subject matter 27 knowledge required under the provisions of Section 21-1a. 28 In determining good character under this Section, any 29 felony conviction of the applicant may be taken into 30 consideration, but the conviction shall not operate as a bar 31 to registration. 32 The Professional Teacher Standards BoardState Board of33Education in consultation with the State TeacherHB0819 Engrossed -44- LRB9002629THpk 1Certification Boardshall prescribe rules and regulations 2 establishing the similarity of certificates in other states 3 and the standards for determining the equivalence of 4 requirements. 5 (Source: P.A. 87-242.) 6 (105 ILCS 5/21-11.2) (from Ch. 122, par. 21-11.2) 7 Sec. 21-11.2. Additional certificates; experienced 8 employed teachers. Experienced certified teachers employed 9 in Illinois public or private elementary and secondary 10 schools seeking additional teaching certificates as provided 11 in Sections 21-2.1, 21-3, 21-4, and 21-5 may submit an 12 application for evaluation of credentials to the Professional 13 Teacher Standards BoardState Teacher Certification Board. 14 Individuals obtaining a certificate by transcript evaluation 15 shall meet the minimum requirements for the certificate as 16 approved by the Professional Teacher Standards BoardState17Superintendent of Education in consultation with the State18Teacher Certification Board. 19 (Source: P.A. 82-911.) 20 (105 ILCS 5/21-11.3) (from Ch. 122, par. 21-11.3) 21 Sec. 21-11.3. Resident teacher certificate. A resident 22 teacher certificate shall be valid for 2 years for employment 23 as a resident teacher in a public school. It shall be issued 24 only to persons who have graduated from a recognized 25 institution of higher education with a bachelor's degree, who 26 are enrolled in a program of preparation approved by the 27 Professional Teacher Standards BoardState Superintendent of28Education in consultation with the State Teacher29Certification Board, and who have passed the test of basic 30 skills required by Section 21-1a. A resident teacher 31 certificate may be issued for teaching children through grade 32 3 or for grades K-9, 6-12, or K-12 in a special subject area HB0819 Engrossed -45- LRB9002629THpk 1 and may not be renewed. A resident teacher may teach only in 2 conjunction with and under the direction of a certified 3 teacher and shall not teach in place of a certified teacher. 4 (Source: P.A. 87-222.) 5 (105 ILCS 5/21-11.4) 6 Sec. 21-11.4. Illinois Teacher Corps. 7 (a) The General Assembly finds and determines that (i) 8 it is important to encourage the entry of qualified 9 professionals into elementary and secondary teaching as a 10 second career; and (ii) there are a number of individuals who 11 have bachelors' degrees, experience in the work force, and an 12 interest in serving youth that creates a special talent pool 13 with great potential for enriching the lives of Illinois 14 children as teachers. To provide this talent pool with the 15 opportunity to serve children as teachers, school districts, 16 colleges, and universities are encouraged, as part of the 17 public policy of this State, to enter into collaborative 18 programs to educate and induct these non-traditional 19 candidates into the teaching profession. To facilitate the 20 certification of such candidates, the Professional Teacher 21 Standards BoardState Board of Education, in consultation22with the State Teacher Certification Board,shall assist 23 institutions of higher education and school districts with 24 the implementation of the Illinois Teacher Corps. 25 (b) Individuals who wish to become candidates for the 26 Illinois Teacher Corps program must earn a resident teacher 27 certificate as defined in Section 21-11.3, including: 28 (1) graduation from a recognized institution of 29 higher education with a bachelor's degree and at least a 30 3.00 out of a 4.00 grade point average; 31 (2) a minimum of 5 years of professional experience 32 in the area the candidate wishes to teach; 33 (3) passing the test of basic skills and subject HB0819 Engrossed -46- LRB9002629THpk 1 matter required by Section 21-1a; 2 (4) enrollment in a Masters of Education Degree 3 program approved by the Professional Teacher Standards 4 BoardState Superintendent of Education in consultation5with the State Teacher Certification Board; and 6 (5) completion of a 6 week summer intensive teacher 7 preparation course which is the first component of the 8 Masters Degree program. 9 (c) School districts may hire an Illinois Teacher Corps 10 candidate after the candidate has received his or her 11 resident teacher certificate. The school district has the 12 responsibility of ensuring that the candidates receive the 13 supports necessary to become qualified, competent, and 14 productive teachers. To be eligible to participate in the 15 Illinois Teacher Corps program, school districts must provide 16 a minimum of the following supports to the candidates: 17 (1) a salary and benefits package as negotiated 18 through the teacher contracts; 19 (2) a mentor certified teacher who will provide 20 guidance to one or more candidates under a program 21 developed collaboratively by the school district and 22 university; 23 (3) at least quarterly evaluations performed of 24 each candidate jointly by the mentor teacher and the 25 principal of the school or the principal's designee; and 26 (4) a written and signed document from the school 27 district outlining the support the district intends to 28 provide to the candidates, for approval by the 29 Professional Teacher Standards BoardState Teacher30Certification Board. 31 (d) Illinois institutions of higher education shall work 32 collaboratively with school districts and the Professional 33 Teacher Standards BoardState Teacher Certification Boardto 34 academically prepare the candidates for the teaching HB0819 Engrossed -47- LRB9002629THpk 1 profession. To be eligible to participate, the College or 2 School of Education of a participating Illinois institution 3 of higher education must develop a curriculum that provides, 4 upon completion, a Masters Degree in Education for the 5 candidates. The Masters Degree program must: 6 (1) receive approval from the Professional Teacher 7 Standards BoardState Teacher Certification Board; and 8 (2) take no longer than 3 summers and 2 academic 9 years to complete, and balance the needs and time 10 constraints of the candidates. 11 (e) Upon successful completion of the Masters Degree 12 program, the candidate becomes a fully certified teacher in 13 the State of Illinois and all other general education 14 academic coursework deficiencies are waived. 15 (f) If an individual wishes to become a candidate in the 16 Illinois Teacher Corps program, but does not possess 5 years 17 of professional experience, the individual may qualify for 18 the program by participating in a one year internship 19 teacher preparation program with a school district. The one 20 year internship shall be developed collaboratively by the 21 school district and the Illinois institution of higher 22 education, and shall be approved by the Professional Teacher 23 Standards BoardState Teacher Certification Board. 24 (g) The Professional Teacher Standards BoardState Board25of Educationis authorized to award grants to school 26 districts that seek to prepare candidates for the teaching 27 profession who have bachelors' degrees and professional work 28 experience in subjects relevant to teaching fields, but who 29 do not have formal preparation for teaching. Grants may be 30 made to school districts for up to $3,000 per candidate when 31 the school district, in cooperation with a public or private 32 university and the school district's teacher bargaining unit, 33 develop a program designed to prepare teachers pursuant to 34 the Illinois Teacher Corps program under this Section. HB0819 Engrossed -48- LRB9002629THpk 1 (Source: P.A. 88-204.) 2 (105 ILCS 5/21-12) (from Ch. 122, par. 21-12) 3 Sec. 21-12. Printing of; Seal; Signature; Credentials. 4 All certificates shall be printed by and bear the seal of the 5 Professional Teacher Standards BoardState Teacher6Certification Boardand the signatures of the chairperson 7chairmanandof thesecretary of thattheBoard. All college 8 credentials offered as the basis of a certificate shall be 9 presented to the secretary of the Professional Teacher 10 Standards BoardState Teacher Certification Boardfor 11 inspection and approval. After January 1, 1964, each 12 application for a certificate or evaluation of credentials 13 shall be accompanied by an evaluation fee of $20 which is not 14 refundable. 15 Commencing January 1, 1994, an additional $10 shall be 16 charged for each application for a certificate or evaluation 17 of credentials which is not refundable. There is hereby 18 created a Teacher Certificate Fee Revolving Fund as a special 19 fund within the State Treasury. The proceeds of the 20 additional $10 fee shall be paid into the Teacher Certificate 21 Fee Revolving Fund; and the moneys in that Fund shall be 22 appropriated to the Professional Teacher Standards Board and 23 used by that Board to provide the technology and other 24 resources necessary for the timely and efficient processing 25 of certification requests. 26 When evaluation verifies the requirements for a valid 27 certificate, the applicant shall be issued an entitlement 28 card that may be presented to a regional superintendent of 29 schools together with a fee of one dollar for issuance of a 30 certificate. 31 The applicant shall be notified of any deficiencies. 32 (Source: P.A. 88-224.) HB0819 Engrossed -49- LRB9002629THpk 1 (105 ILCS 5/21-14) (from Ch. 122, par. 21-14) 2 Sec. 21-14. Registration and renewal of certificates.)A 3 limited four-year certificate or a certificate issued after 4 July 1, 1955, shall be renewable at its expiration or within 5 60 days thereafter by the county superintendent of schools 6 having supervision and control over the school where the 7 teacher is teaching upon certified evidence of meeting the 8 requirements for renewal as required by this Act and 9 prescribed by the Professional Teacher Standards BoardState10Board of Education in consultation with the State Teacher11Certification Board. An elementary supervisory certificate 12 shall not be renewed at the end of the first four-year period 13 covered by the certificate unless the holder thereof has 14 filed certified evidence with the Professional Teacher 15 Standards BoardState Teacher Certification Boardthat he has 16 a master's degree or that he has earned 8 semester hours of 17 credit in the field of educational administration and 18 supervision in a recognized institution of higher learning. 19 The holder shall continue to earn 8 semester hours of credit 20 each four-year period until such time as he has earned a 21 master's degree. 22 All certificates not renewed or registered as herein 23 provided shall lapse after a period of 4 years from the 24 expiration of the last year of registration. Such 25 certificates may be reinstated for a one year period upon 26 payment of all accumulated registration fees. Such 27 reinstated certificates shall only be renewed: (1) by earning 28 5 semester hours of credit in a recognized institution of 29 higher learning in the field of professional education or in 30 courses related to the holder's contractual teaching duties; 31 or (2) by presenting evidence of holding a valid regular 32 certificate of some other type. Any certificate may be 33 voluntarily surrendered by the certificate holder. A 34 voluntarily surrendered certificate shall be treated as a HB0819 Engrossed -50- LRB9002629THpk 1 revoked certificate. 2 (Source: P.A. 86-400.) 3 (105 ILCS 5/21-16) (from Ch. 122, par. 21-16) 4 Sec. 21-16. Fees; Requirement for registration. Every 5 applicant when issued a certificate shall pay to the regional 6 superintendent of schools a fee of $1, which shall be paid 7 into the institute fund. Every certificate issued under the 8 provisions of this Act shall be registered annually or, at 9 the option of the holder of the certificate, once every 3 10 years. The regional superintendent of schools having 11 supervision and control over the school where the teaching is 12 done shall register the certificate before the holder begins 13 to teach, otherwise it shall be registered in any county in 14 the State of Illinois; and one fee of $4 per year for 15 registration or renewal of one or more certificates which 16 have been issued to the same holder shall be paid into the 17 institute fund. 18 Requirements for registration of any certificate limited 19 in time shall include evidence of professional growth defined 20 as successful teaching experience since last registration of 21 certificate, attendance at professional meetings, membership 22 in professional organizations, additional credits earned in 23 recognized teacher-training institutions, travel specifically 24 for educational experience, reading of professional books and 25 periodicals, filing all reports as required by the regional 26 superintendent of schools and the State Superintendent of 27 Education or such other professional experience or 28 combination of experiences as are presented by the teacher 29 and are approved by the Professional Teacher Standards Board 30State Superintendent of Education in consultation with the31State Teacher Certification Board. A duplicate certificate 32 may be issued to the holder of a valid life certificate or 33 valid certificate limited in time by the Professional Teacher HB0819 Engrossed -51- LRB9002629THpk 1 Standards BoardState Superintendent of Education; however, 2 it shall only be issued upon request of a regional 3 superintendent of schools and upon payment to the regional 4 superintendent of schools who requests such duplicate a fee 5 of $4. 6 (Source: P.A. 87-745.) 7 (105 ILCS 5/21-17) (from Ch. 122, par. 21-17) 8 Sec. 21-17. Fee for original and duplicate certificate. 9 A duplicate certificate shall be issued by the Professional 10 Teacher Standards BoardState Superintendent of Education11 when requested by the regional superintendent of schools as 12 provided in Section 21-16. The request for a duplicate 13 certificate shall be accompanied by a fee of $4. 14 (Source: P.A. 81-940.) 15 (105 ILCS 5/21-19) (from Ch. 122, par. 21-19) 16 Sec. 21-19. Annual report by certificate holder. The 17 holder of any certificate, shall annually within 30 days 18 after assuming the duties of any teaching position report to 19 the regional superintendent having supervision and control 20 over the school where the teacher is employed information 21 relative to training, experience, salary and other data 22 required by the Professional Teacher Standards BoardState23Board of Education. The reports shall be collected in the 24 office of the regional superintendent and filed with the 25 Professional Teacher Standards BoardState Board of26Education. 27 (Source: P.A. 81-1508.) 28 (105 ILCS 5/21-21) (from Ch. 122, par. 21-21) 29 Sec. 21-21. Definitions; Granting of recognition). 30 "Recognized", as used in this Article in connection with the 31 word "school" or "institution", means such school, college, HB0819 Engrossed -52- LRB9002629THpk 1 university, private junior college, public community college 2 or special or technical school as maintains an equipment, 3 course of study, a standard of scholarship and other 4 requirements set by the Professional Teacher Standards Board 5State Board of Education in consultation with the State6Teacher Certification Board. Application for recognition of 7 such school or institution as a teacher training institution 8 shall be made to the Professional Teacher Standards Board 9State Board of Education. The Professional Teacher Standards 10 BoardState Board of Education in consultation with the State11Teacher Certification Boardshall set the criteria by which 12 the school or institution shall be judged and through the 13 secretary of thattheBoard shall arrange for an official 14 inspection and shall grant recognition of such school or 15 institution as may meet the required standards. If such 16 standards include requirements with regard to education in 17 acquiring skills in working with culturally distinctive 18 students, as defined by the Professional Teacher Standards 19 BoardState Board of Education, then the rules of the 20 Professional Teacher Standards BoardState Board of Education21 shall include the criteria used to evaluate compliance with 22 this requirement. No school or institution shall make 23 assignments of student teachers or teachers for practice 24 teaching so as to promote segregation on the basis of race, 25 creed, color, religion, sex or national origin. 26 All courses listed or credentials required as the basis 27 of any certificate or for its renewal shall be the equivalent 28 of courses offered by a recognized teacher training 29 institution. The Professional Teacher Standards BoardState30Board of Education in consultation with the State Teacher31Certification Boardshall have the power to define a major or 32 minor when used as a basis for recognition and certification 33 purposes. 34 (Source: P.A. 84-793.) HB0819 Engrossed -53- LRB9002629THpk 1 (105 ILCS 5/21-21.1) (from Ch. 122, par. 21-21.1) 2 Sec. 21-21.1. Denial of recommendation for 3 certification. Each college or university providing a 4 teacher education program approved and recognized pursuant to 5 the provisions of this Article shall establish procedures and 6 standards to assure that no student is denied the opportunity 7 to receive the institutional recommendation for certification 8 for reasons which are not directly related to the candidate's 9 anticipated performance as a certificated employee. Such 10 standards and procedures shall include the specific criteria 11 used by the institution for admission, retention, and 12 recommendation for certification, periodic evaluations of the 13 candidate's progress toward an institutional recommendation, 14 counseling and other supportive services to correct any 15 deficiencies which are considered remedial, and provisions to 16 assure that no person is discriminated against on the basis 17 of race, color, national origin or a disability unrelated to 18 the person's ability to perform as a certificated employee. 19 Each institution shall also establish a grievance procedure 20 for those candidates who are denied the institutional 21 recommendation for certification. Within 10 days of 22 notification of such denial, the college or university shall 23 notify the candidate, in writing, of the reasons for the 24 denial of recommendation for certification. Within 30 days 25 of notification of the denial, the candidate may request the 26 college or university to review the denial. If, after an 27 additional 30 days to complete such review, the candidate is 28 denied recommendation for certification, the candidate may 29 appeal to the Professional Teacher Standards BoardState30Teacher Certification Boardwithin 10 days of notification 31 for a review of the institution's decision. The candidate 32 shall have the right to be present at any such review, to 33 present evidence, and to be represented by counsel. Upon 34 such review the Professional Teacher Standards BoardStateHB0819 Engrossed -54- LRB9002629THpk 1Teacher Certification Boardshall takerecommendappropriate 2 actionto the State Superintendent of Education. Each 3 institution's standards and procedures, including the 4 criteria for admission, retention, and the institutional 5 recommendation for certification, and the institution's 6 grievance procedures, shall be subject to approval by the 7 Professional Teacher Standards BoardState Superintendent of8Education in consultation with the State Teacher9Certification Board. Each applicant to the institution's 10 teacher education program shall be provided with a copy of 11 the procedures established pursuant to this Section. 12 (Source: P.A. 89-397, eff. 8-20-95.) 13 (105 ILCS 5/21-23) (from Ch. 122, par. 21-23) 14 Sec. 21-23. Suspension or revocation of certificate. 15 (a) Any certificate issued pursuant to this Article, 16 including but not limited to any administrative certificate 17 or endorsement, may be suspended for a period not to exceed 18 one calendar year by the regional superintendent or for a 19 period not to exceed 5 calendar years by the State 20 Superintendent of Education upon evidence of immorality, a 21 condition of health detrimental to the welfare of pupils, 22 incompetency, unprofessional conduct, the neglect of any 23 professional duty, willful failure to report an instance of 24 suspected child abuse or neglect as required by the Abused 25 and Neglected Child Reporting Act, failure to establish 26 satisfactory repayment on an educational loan guaranteed by 27 the Illinois Student Assistance Commission, or other just 28 cause. Unprofessional conduct shall include refusal to 29 attend or participate in, institutes, teachers' meetings, 30 professional readings, or to meet other reasonable 31 requirements of the regional superintendent or State 32 Superintendent of Education. Unprofessional conduct also 33 includes conduct that violates the standards, ethics, or HB0819 Engrossed -55- LRB9002629THpk 1 rules applicable to the security, administration, monitoring, 2 or scoring of, or the reporting of scores from, any 3 assessment test or the Prairie State Achievement Examination 4 administered under Section 2-3.64 or that is known or 5 intended to produce or report manipulated or artificial, 6 rather than actual, assessment or achievement results or 7 gains from the administration of those tests or examinations. 8 It shall also include neglect or unnecessary delay in making 9 of statistical and other reports required by school officers. 10 The regional superintendent or State Superintendent of 11 Education shall upon receipt of evidence of immorality, a 12 condition of health detrimental to the welfare of pupils, 13 incompetency, unprofessional conduct, the neglect of any 14 professional duty or other just cause serve written notice to 15 the individual and afford the individual opportunity for a 16 hearing prior to suspension. If a hearing is requested 17 within 10 days of notice of opportunity for hearing it shall 18 act as a stay of proceedings not to exceed 30 days. No 19 certificate shall be suspended until the teacher has an 20 opportunity for a hearing at the educational service region. 21 When a certificate is suspended, the right of appeal shall 22 lie to the Professional Teacher Standards BoardState Teacher23Certification Board. When an appeal is taken within 10 days 24 after notice of suspension it shall act as a stay of 25 proceedings not to exceed 60 days. If a certificate is 26 suspended for a period greater than one year, the State 27 Superintendent of Education shall review the suspension prior 28 to the expiration of that period to determine whether the 29 cause for the suspension has been remedied or continues to 30 exist. Upon determining that the cause for suspension has 31 not abated, the State Superintendent of Education may order 32 that the suspension be continued for an appropriate period. 33 Nothing in this Section prohibits the continuance of such a 34 suspension for an indefinite period if the State HB0819 Engrossed -56- LRB9002629THpk 1 Superintendent determines that the cause for the suspension 2 remains unabated. Any certificate may be revoked for the 3 same reasons as for suspension by the State Superintendent of 4 Education. No certificate shall be revoked until the teacher 5 has an opportunity for a hearing before the Professional 6 Teacher Standards BoardState Teacher Certification Board, 7 which hearing must be held within 60 days from the date the 8 appeal is taken. 9 The Professional Teacher Standards BoardState Boardmay 10 refuse to issue or may suspend the certificate of any person 11 who fails to file a return, or to pay the tax, penalty or 12 interest shown in a filed return, or to pay any final 13 assessment of tax, penalty or interest, as required by any 14 tax Act administered by the Illinois Department of Revenue, 15 until such time as the requirements of any such tax Act are 16 satisfied. 17 (b) Any certificate issued pursuant to this Article may 18 be suspended for an appropriate length of time as determined 19 by either the regional superintendent or State Superintendent 20 of Education upon evidence that the holder of the certificate 21 has been named as a perpetrator in an indicated report filed 22 pursuant to the Abused and Neglected Child Reporting Act,23approved June 26, 1975, as amended,and upon proof by clear 24 and convincing evidence that the licensee has caused a child 25 to be an abused child or neglected child as defined in that 26the Abused and Neglected Child ReportingAct. 27 The regional superintendent or State Superintendent of 28 Education shall, upon receipt of evidence that the 29 certificate holder has been named a perpetrator in any 30 indicated report, serve written notice to the individual and 31 afford the individual opportunity for a hearing prior to 32 suspension. If a hearing is requested within 10 days of 33 notice of opportunity for hearing, it shall act as a stay of 34 proceedings not to exceed 30 days. No certificate shall be HB0819 Engrossed -57- LRB9002629THpk 1 suspended until the teacher has an opportunity for a hearing 2 at the educational service region. When a certificate is 3 suspended, the right of appeal shall lie to the Professional 4 Teacher Standards BoardState Teacher Certification Board. 5 When an appeal is taken within 10 days after notice of 6 suspension it shall act as a stay of proceedings not to 7 exceed 60 days. The State Superintendent may revoke any 8 certificate upon proof at hearing by clear and convincing 9 evidence that the certificate holder has caused a child to be 10 an abused child or neglected child as defined in the Abused 11 and Neglected Child Reporting Act. No certificate shall be 12 revoked until the teacher has an opportunity for a hearing 13 before the Professional Teacher Standards BoardState Teacher14Certification Board, which hearing must be held within 60 15 days from the date the appeal is taken. 16 (c) The State Superintendent of Education or a person 17 designated by him shall have the power to administer oaths to 18 witnesses at any hearing conducted before the Professional 19 Teacher Standards BoardState Teacher Certification Board20 pursuant to this Section. The State Superintendent of 21 Education or a person designated by him is authorized to 22 subpoena and bring before the Professional Teacher Standards 23 BoardState Teacher Certification Boardany person in this 24 State and to take testimony either orally or by deposition or 25 by exhibit, with the same fees and mileage and in the same 26 manner as prescribed by law in judicial proceedings in the 27 civil cases in circuit courts of this State. 28 Any circuit court, upon the application of the State 29 Superintendent of Education, may, by order duly entered, 30 require the attendance of witnesses and the production of 31 relevant books and papers at any hearing the State 32 Superintendent of Education is authorized to conduct pursuant 33 to this Section, and the court may compel obedience to its 34 orders by proceedings for contempt. HB0819 Engrossed -58- LRB9002629THpk 1 (d) As used in this Section, "teacher" means any school 2 district employee regularly required to be certified, as 3 provided in this Article, in order to teach or supervise in 4 the public schools. 5 (Source: P.A. 89-610, eff. 8-6-96.) 6 (105 ILCS 5/21-23b) (from Ch. 122, par. 21-23b) 7 Sec. 21-23b. Conviction of felony. 8 (a) Whenever the holder of any certificate issued under 9 this Article is employed by the school board of any school 10 district, including a special charter district or school 11 district organized under Article 34, and is convicted, either 12 after a bench trial, trial by jury, or plea of guilty, of any 13 offense for which a sentence to death or a term of 14 imprisonment in a penitentiary for one year or more is 15 provided, the school board shall promptly notify the 16 Professional Teacher Standards BoardState Board of Education17 in writing of the name of the certificate holder, the fact of 18 the conviction, and the name and location of the court in 19 which the conviction occurred. 20 (b) Whenever the Professional Teacher Standards Board 21State Board of Educationreceives notice of a conviction 22 under subsection (a) or otherwise learns that any person who 23 is a "teacher" as that term is defined in Section 16-106 of 24 the Illinois Pension Code has been convicted, either after a 25 bench trial, trial by jury, or plea of guilty, of any offense 26 for which a sentence to death or a term of imprisonment in a 27 penitentiary for one year or more is provided, the 28 Professional Teacher Standards BoardState Board of Education29 shall promptly notify in writing the board of trustees of the 30 Teachers' Retirement System of the State of Illinois,andthe 31 board of trustees of the Public School Teachers' Pension and 32 Retirement Fund of the City of Chicago, and the State Board 33 of Education of the name of the certificate holder or HB0819 Engrossed -59- LRB9002629THpk 1 teacher, the fact of the conviction, the name and location of 2 the court in which the conviction occurred, and the number 3 assigned in that court to the case in which the conviction 4 occurred. 5 (Source: P.A. 87-1001.) 6 (105 ILCS 5/21-24) (from Ch. 122, par. 21-24) 7 Sec. 21-24. Administrative Review Law. The provisions of 8 the Administrative Review Law, and all amendments and 9 modifications thereof and the rules adopted pursuant thereto, 10 shall apply to and govern all proceedings instituted for the 11 judicial review of final administrative decisions of the 12 Professional Teacher Standards BoardState Board of13Education, the State Teacher Certification Board,and the 14 regional superintendent of schools under this Article. The 15 term "administrative decision" is defined as in Section 3-101 16 of the Code of Civil Procedure. The commencement of any 17 action for review shall operate as a stay of enforcement and 18 no action based on any decision of the Professional Teacher 19 Standards BoardState Board of Education, State Teacher20Certification Boardor the regional superintendent of schools 21 shall be taken pending final disposition of such review. 22 (Source: P.A. 84-551.) 23 (105 ILCS 5/21-25) (from Ch. 122, par. 21-25) 24 Sec. 21-25. School service personnel certificate. 25 Subject to the provisions of Section 21-1a, a school service 26 personnel certificate shall be issued to those applicants of 27 good character, good health, a citizen of the United States 28 and at least 19 years of age who have a bachelor's degree 29 with not fewer than 120 semester hours from a recognized 30 institution of higher learning and who meets the requirements 31 established by the Professional Teacher Standards BoardState32Superintendent of Education in consultation with the StateHB0819 Engrossed -60- LRB9002629THpk 1Teacher Certification Board. A school service personnel 2 certificate with a school nurse endorsement may be issued to 3 a person who holds a bachelor of science degree from an 4 institution of higher learning accredited by the North 5 Central Association or other comparable regional accrediting 6 association. 7 Such certificate shall be endorsed with the area of 8 service as determined by the Professional Teacher Standards 9 BoardState Superintendent of Education in consultation with10the State Teacher Certification Board. 11 The holder of such certificate shall be entitled to all 12 of the rights and privileges granted holders of a valid 13 teaching certificate, including teacher benefits, 14 compensation and working conditions. 15 When the holder of such certificate has earned a master's 16 degree, including 8 semester hours of graduate professional 17 education from a recognized institution of higher learning, 18 and has at least 2 years of successful school experience 19 while holding such certificate, the certificate may be 20 endorsed for supervision. 21 (Source: P.A. 88-386.) 22 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) 23 Sec. 34-18.5. Criminal background investigations. 24 (a) After August 1, 1985, certified and noncertified 25 applicants for employment with the school district are 26 required as a condition of employment to authorize an 27 investigation to determine if such applicants have been 28 convicted of any of the enumerated criminal or drug offenses 29 in subsection (c) of this Section. Authorization for the 30 investigation shall be furnished by the applicant to the 31 school district, except that if the applicant is a substitute 32 teacher seeking employment in more than one school district, 33 or a teacher seeking concurrent part-time employment HB0819 Engrossed -61- LRB9002629THpk 1 positions with more than one school district (as a reading 2 specialist, special education teacher or otherwise), or an 3 educational support personnel employee seeking employment 4 positions with more than one district, any such district may 5 require the applicant to furnish authorization for the 6 investigation to the regional superintendent of the 7 educational service region in which are located the school 8 districts in which the applicant is seeking employment as a 9 substitute or concurrent part-time teacher or concurrent 10 educational support personnel employee. Upon receipt of this 11 authorization, the school district or the appropriate 12 regional superintendent, as the case may be, shall submit the 13 applicant's name, sex, race, date of birth and social 14 security number to the Department of State Police on forms 15 prescribed by the Department. The regional superintendent 16 submitting the requisite information to the Department of 17 State Police shall promptly notify the school districts in 18 which the applicant is seeking employment as a substitute or 19 concurrent part-time teacher or concurrent educational 20 support personnel employee that the investigation of the 21 applicant has been requested. The Department of State Police 22 shall conduct an investigation to ascertain if the applicant 23 being considered for employment has been convicted of any of 24 the enumerated criminal or drug offenses in subsection (c). 25 The Department shall charge the school district or the 26 appropriate regional superintendent a fee for conducting such 27 investigation, which fee shall be deposited in the State 28 Police Services Fund and shall not exceed the cost of the 29 inquiry; and the applicant shall not be charged a fee for 30 such investigation by the school district or by the regional 31 superintendent. The regional superintendent may seek 32 reimbursement from the State Board of Education or the 33 appropriate school district or districts for fees paid by the 34 regional superintendent to the Department for the criminal HB0819 Engrossed -62- LRB9002629THpk 1 background investigations required by this Section. 2 (b) The Department shall furnish, pursuant to positive 3 identification, records of convictions, until expunged, to 4 the president of the board of education for the school 5 district which requested the investigation, or to the 6 regional superintendent who requested the investigation. Any 7 information concerning the record of convictions obtained by 8 the president of the board of education or the regional 9 superintendent shall be confidential and may only be 10 transmitted to the general superintendent of the school 11 district or his designee, the appropriate regional 12 superintendent if the investigation was requested by the 13 board of education for the school district, the presidents of 14 the appropriate board of education or school boards if the 15 investigation was requested from the Department of State 16 Police by the regional superintendent, the State 17 Superintendent of Education, the Professional Teacher 18 Standards BoardState Teacher Certification Boardor any 19 other person necessary to the decision of hiring the 20 applicant for employment. A copy of the record of convictions 21 obtained from the Department of State Police shall be 22 provided to the applicant for employment. If an investigation 23 of an applicant for employment as a substitute or concurrent 24 part-time teacher or concurrent educational support personnel 25 employee in more than one school district was requested by 26 the regional superintendent, and the Department of State 27 Police upon investigation ascertains that the applicant has 28 not been convicted of any of the enumerated criminal or drug 29 offenses in subsection (c) and so notifies the regional 30 superintendent, then the regional superintendent shall issue 31 to the applicant a certificate evidencing that as of the date 32 specified by the Department of State Police the applicant has 33 not been convicted of any of the enumerated criminal or drug 34 offenses in subsection (c). The school board of any school HB0819 Engrossed -63- LRB9002629THpk 1 district located in the educational service region served by 2 the regional superintendent who issues such a certificate to 3 an applicant for employment as a substitute or concurrent 4 part-time teacher or concurrent educational support personnel 5 employee in more than one such district may rely on the 6 certificate issued by the regional superintendent to that 7 applicant, or may initiate its own investigation of the 8 applicant through the Department of State Police as provided 9 in subsection (a). Any person who releases any confidential 10 information concerning any criminal convictions of an 11 applicant for employment shall be guilty of a Class A 12 misdemeanor, unless the release of such information is 13 authorized by this Section. 14 (c) The board of education shall not knowingly employ a 15 person who has been convicted for committing attempted first 16 degree murder or for committing or attempting to commit first 17 degree murder or a Class X felony or any one or more of the 18 following offenses: (i) those defined in Sections 11-6, 19 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 20 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 21 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii) 22 those defined in the Cannabis Control Act, except those 23 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii) 24 those defined in the Illinois Controlled Substances Act; and 25 (iv) any offense committed or attempted in any other state or 26 against the laws of the United States, which if committed or 27 attempted in this State, would have been punishable as one or 28 more of the foregoing offenses. 29 (d) The board of education shall not knowingly employ a 30 person for whom a criminal background investigation has not 31 been initiated. 32 (e) Upon receipt of the record of a conviction of a 33 holder of any certificate issued pursuant to Article 21 or 34 Section 34-8.1 or 34-83 of The School Code, the board of HB0819 Engrossed -64- LRB9002629THpk 1 education or the State Superintendent of Education shall 2 initiate the certificate suspension and revocation 3 proceedings authorized by law. 4 (f) After March 19, 1990, the provisions of this Section 5 shall apply to all employees of persons or firms holding 6 contracts with any school district including, but not limited 7 to, food service workers, school bus drivers and other 8 transportation employees, who have direct, daily contact with 9 the pupils of any school in such district. For purposes of 10 criminal background investigations on employees of persons or 11 firms holding contracts with more than one school district 12 and assigned to more than one school district, the regional 13 superintendent of the educational service region in which the 14 contracting school districts are located may, at the request 15 of any such school district, be responsible for receiving the 16 authorization for investigation prepared by each such 17 employee and submitting the same to the Department of State 18 Police. Any information concerning the record of conviction 19 of any such employee obtained by the regional superintendent 20 shall be promptly reported to the president of the 21 appropriate school board or school boards. 22 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 23 89-610, eff. 8-6-96.) 24 (105 ILCS 5/34-83) (from Ch. 122, par. 34-83) 25 Sec. 34-83.Board of examiners -Certificates-26Examinations.A board of 3 examiners shall examine all27applicants required to hold certificates to teach and the28board of education shall issue gratuitously to those who pass29a required test of character, scholarship and general30fitness, such certificates to teach as they are found31entitled to receive. No person may be granted or continue to32hold a teaching certificate who has knowingly altered or33misrepresented his or her teaching qualifications in order toHB0819 Engrossed -65- LRB9002629THpk 1acquire the certificate. Any other certificate held by such2person may be suspended or revoked by the board of examiners,3depending upon the severity of the alteration or4misrepresentation. The board of examiners shall consist of5the general superintendent of schools and 2 persons approved6and appointed by the board of education upon the nomination7of the general superintendent of schools. The board of8examiners shall hold such examinations as the board of9education may prescribe, upon the recommendation of the10general superintendent of schools and shall prepare all11necessary eligible lists, which shall be kept in the office12of the general superintendent of schools and be open to13public inspection. Members of the board of examiners shall14hold office for a term of 2 years.15 The board of examinerscreated hereinis abolished 16 effective July 1, 1988. Commencing July 1, 1988, all new 17 teachers employed by the board shall hold teaching 18 certificates issuedby the State Teacher Certification Board19 under Article 21.The State Board of Education in20consultation with the board of examiners and the State21Teacher Certification Board shall develop procedures whereby22 Teacherscurrentlyholding valid certificates issued by the 23 board of examiners prior to its abolition, and all teachers 24 employed by the board after August 1, 1985 and prior to July 25 1, 1988, shall no later than July 1, 1988 exchange 26 certificates issued by the board of examiners for comparable 27 certificates issued under Article 21by the State Teacher28Certification Board. On the exchange of a certificate on or 29 before July 1, 1988,the State Teacher Certification Board30shall not require anyadditional qualifications for the 31 issuance of the comparable certificate are not required. If 32 prior to July 1, 1988 the board of examinershasissued types 33 of teaching certificates which are not comparable to the 34 types of certificates issued under Article 21by the StateHB0819 Engrossed -66- LRB9002629THpk 1Teacher Certification Board, such certificates shall continue 2 to be valid for and shall be renewable by the holders 3 thereof, and no additional qualifications shall be required 4 by the Professional Teacher Standards BoardState Teacher5Certification Boardfor any such renewal. 6The State Board of Education shall report by July 1,71986, to the Illinois General Assembly on the procedures for8exchange it has developed in consultation with the board of9examiners and the State Teacher Certification Board as10required in this Section.11 (Source: P.A. 89-15, eff. 5-30-95.) 12 Section 10. The Higher Education Student Assistance Act 13 is amended by changing Section 65.20 as follows: 14 (110 ILCS 947/65.20) 15 Sec. 65.20. Science-mathematics teacher scholarships. 16 (a) The Commission may annually award a number of 17 scholarships, not to exceed 200, to persons holding valid 18 teaching certificates issued under Article 21 of the School 19 Code. Such scholarships shall be issued to teachers who make 20 application to the Commission and who agree to take courses 21 at qualified institutions of higher learning that will 22 prepare them to teach science or mathematics at the secondary 23 school level. 24 (b) Scholarships awarded under this Section shall be 25 issued pursuant to regulations promulgated by the Commission; 26 provided that no rule or regulation promulgated by the State 27 Board of Education prior to the effective date of this 28 amendatory Act of 1993 pursuant to the exercise of any right, 29 power, duty, responsibility or matter of pending business 30 transferred from the State Board of Education to the 31 Commission under this Section shall be affected thereby, and 32 all such rules and regulations shall become the rules and HB0819 Engrossed -67- LRB9002629THpk 1 regulations of the Commission until modified or changed by 2 the Commission in accordance with law. In awarding 3 scholarships, the Commission shall give priority to those 4 teachers with the greatest amount of seniority within school 5 districts. 6 (c) Each scholarship shall be utilized by its holder for 7 the payment of tuition at any qualified institution of higher 8 learning. Such tuition shall be available only for courses 9 that will enable the teacher to be certified to teach science 10 or mathematics at the secondary school level. The Commission, 11 in consultation with the Professional Teacher Standards Board 12State Teacher Certification Board, shall determine which 13 courses are eligible for tuition payments under this Section. 14 (d) The Commission shall make tuition payments directly 15 to the qualified institution of higher learning which the 16 teacher attends for the courses prescribed or may make 17 payments to the teacher. Any teacher who receives payments 18 and who fails to enroll in the courses prescribed shall 19 refund the payments to the Commission. 20 (e) Following the completion of the program of study, 21 the teacher must accept employment within 2 years in a 22 secondary school in Illinois within 60 miles of the teacher's 23 residence to teach science or mathematics; provided, however, 24 that the teacher instead may elect to accept employment 25 within such 2 year period to teach science or mathematics in 26 a secondary school in Illinois which is more than 60 miles 27 from the teacher's residence. Teachers who fail to comply 28 with this provision shall refund all of the scholarship 29 awarded to the Commission, whether payments were made 30 directly to the institutions of higher learning or to the 31 teachers, and this condition shall be agreed to in writing by 32 all scholarship recipients at the time the scholarship is 33 awarded. No teacher shall be required to refund tuition 34 payments if his or her failure to obtain employment as a HB0819 Engrossed -68- LRB9002629THpk 1 mathematics or science teacher in a secondary school is the 2 result of financial conditions within school districts. The 3 rules and regulations promulgated as provided in this Section 4 shall include provisions regarding the waiving and deferral 5 of such payments. 6 (f) The Commission, with the cooperation of the State 7 Board of Education, shall assist teachers who have 8 participated in the scholarship program established by this 9 Section in finding employment to teach science or 10 mathematics at the secondary level. 11 (g) This Section is substantially the same as Section 12 30-4b of the School Code, which Section is repealed by this 13 amendatory Act of 1993, and shall be construed as a 14 continuation of the science-mathematics teacher scholarship 15 program established by that prior law, and not as a new or 16 different science-mathematics teacher scholarship program. 17 The State Board of Education shall transfer to the 18 Commission, as the successor to the State Board of Education 19 for all purposes of administering and implementing the 20 provisions of this Section, all books, accounts, records, 21 papers, documents, contracts, agreements, and pending 22 business in any way relating to the science-mathematics 23 teacher scholarship program continued under this Section; and 24 all scholarships at any time awarded under that program by, 25 and all applications for any such scholarships at any time 26 made to, the State Board of Education shall be unaffected by 27 the transfer to the Commission of all responsibility for the 28 administration and implementation of the science-mathematics 29 teacher scholarship program continued under this Section. 30 The State Board of Education shall furnish to the Commission 31 such other information as the Commission may request to 32 assist it in administering this Section. 33 (h) Appropriations for the scholarships outlined in this 34 Section shall be made to the Commission from funds HB0819 Engrossed -69- LRB9002629THpk 1 appropriated by the General Assembly. 2 (i) For the purposes of this Section: 3 "Qualified institution of higher learning" means the 4 University of Illinois, Southern Illinois University, Chicago 5 State University, Eastern Illinois University, Governors 6 State University, Illinois State University, Northeastern 7 Illinois University, Northern Illinois University, Western 8 Illinois University, and the public community colleges 9 subject to the Public Community College Act. 10 "Secondary school level" means grades 9 through 12 or a 11 portion of such grades. 12 (Source: P.A. 88-228; 88-670, eff. 12-2-94; 89-4, eff. 13 1-1-96.) 14 Section 15. The Clinical Psychologist Licensing Act is 15 amended by changing Section 4 as follows: 16 (225 ILCS 15/4) (from Ch. 111, par. 5354) 17 (Text of Section before amendment by P.A. 89-702) 18 Sec. 4. (a) Nothing in this Act shall be construed to 19 limit the activities of and services of a student, intern or 20 resident in psychology seeking to fulfill educational 21 requirements or the experience requirements in order to 22 qualify for a license under this Act, or an individual 23 seeking to fulfill the postdoctoral experience requirements 24 in order to qualify for licensure under this Act provided 25 that such activities and services are under the direct 26 supervision, order, control and full professional 27 responsibility of a licensed clinical psychologist and 28 provided that such student, intern, or resident be designated 29 by a title "intern" or "resident" or other designation of 30 trainee status. Supervised experience in which the 31 supervisor receives monetary payment or other considerations 32 from the supervisee or in which the supervisor is hired by or HB0819 Engrossed -70- LRB9002629THpk 1 otherwise employed by the supervisee shall not be accepted by 2 the Department as fulfilling the practicum, internship or 2 3 years of satisfactory supervised experience requirements for 4 licensure. Nothing contained in this Section shall be 5 construed as permitting such students, interns, or residents 6 to offer their services as clinical psychologists to any 7 other person or persons and to accept remuneration for such 8 clinical psychological services other than as specifically 9 excepted herein, unless they have been licensed under the 10 provisions of this Act. 11 (b) Nothing in this Act shall be construed as permitting 12 persons licensed as clinical psychologists to engage in any 13 manner in the practice of medicine as defined in the laws of 14 this State. Persons licensed as clinical psychologists who 15 render services to persons in need of mental treatment or who 16 are mentally ill shall as appropriate initiate genuine 17 collaboration with a physician licensed in Illinois to 18 practice medicine in all its branches. 19 (c) Nothing in this Act shall be construed as 20 restricting an individual certified as a school psychologist 21 by the State Board of Education, who is at least 21 years of 22 age and has had at least 3 years of full-time experience as a 23 certified school psychologist, from using the title school 24 psychologist and offering school psychological services 25 limited to those services set forth in the rules and 26 regulations that govern the administration and operation of 27 special education pertaining to children and youth ages 0-21 28 prepared by the State Board of Education. Anyone offering 29 such services under the provisions of this paragraph shall 30 use the term school psychologist and describe such services 31 as "School Psychological Services". This exemption shall be 32 limited to the practice of school psychology only as 33 manifested through psychoeducational problems, and shall not 34 be construed to allow a school psychologist to function as a HB0819 Engrossed -71- LRB9002629THpk 1 general practitioner of clinical psychology, unless otherwise 2 licensed under this Act. However, nothing in this paragraph 3 prohibits a school psychologist from making evaluations, 4 recommendations or interventions regarding the placement of 5 children in educational programs or special education 6 classes, nor shall it prohibit school psychologists from 7 providing clinical psychological services under the 8 supervision of a licensed clinical psychologist. This 9 paragraph shall not be construed to mandate insurance 10 companies to reimburse school psychologists directly for the 11 services of school psychologists. Nothing in this paragraph 12 shall be construed to exclude anyone duly licensed under this 13 Act from offering psychological services in the school 14 setting. School psychologists providing services under the 15 provisions of this paragraph shall not provide such services 16 outside their employment to any child who is a student in the 17 district or districts which employ such school psychologist. 18 School psychologists, as described in this paragraph, shall 19 be under the regulatory authority of the State Board of 20 Education and the Professional Teacher Standards BoardState21Teacher Certification Board. 22 (d) Nothing in this Act shall be construed to limit the 23 activities and use of the official title of "psychologist" on 24 the part of a person not licensed under this Act who 25 possesses a doctoral degree earned in a program concentrated 26 primarily on the study of psychology and is an academic 27 employee of a duly chartered institution of higher education 28 insofar as such person engages in public speaking with or 29 without remuneration, provided that such person is not in any 30 manner held out to the public as practicing clinical 31 psychology as defined in paragraph 5 of Section 2 of this 32 Act, unless he has been licensed under the provisions of this 33 Act. 34 (e) Nothing in this Act shall be construed to regulate, HB0819 Engrossed -72- LRB9002629THpk 1 control, or restrict the clinical practice of any person 2 licensed, registered, or certified in this State under any 3 other Act, provided that such person is not in any manner 4 held out to the public as rendering clinical psychological 5 services as defined in paragraph 7 of Section 2 of this Act. 6 (f) Nothing in this Act shall be construed to limit the 7 activities and use of the title "psychologist" on the part of 8 a person who practices psychology and (i) who possesses a 9 doctoral degree earned in a program concentrated primarily on 10 the study of psychology; and (ii) whose services involve the 11 development and application of psychological theory and 12 methodology to problems of organizations and problems of 13 individuals and groups in organizational settings; and 14 provided further that such person is not in any manner held 15 out to the public as practicing clinical psychology and is 16 not held out to the public by any title, description or 17 designation stating or implying that he is a clinical 18 psychologist unless he has been licensed under the provisions 19 of this Act. 20 (Source: P.A. 86-740; 86-1356.) 21 (Text of Section after amendment by P.A. 89-702) 22 Sec. 4. Application of Act. 23 (a) Nothing in this Act shall be construed to limit the 24 activities of and services of a student, intern or resident 25 in psychology seeking to fulfill educational requirements or 26 the experience requirements in order to qualify for a license 27 under this Act, or an individual seeking to fulfill the 28 postdoctoral experience requirements in order to qualify for 29 licensure under this Act provided that such activities and 30 services are under the direct supervision, order, control and 31 full professional responsibility of a licensed clinical 32 psychologist and provided that such student, intern, or 33 resident be designated by a title "intern" or "resident" or 34 other designation of trainee status. Supervised experience HB0819 Engrossed -73- LRB9002629THpk 1 in which the supervisor receives monetary payment or other 2 considerations from the supervisee or in which the supervisor 3 is hired by or otherwise employed by the supervisee shall not 4 be accepted by the Department as fulfilling the practicum, 5 internship or 2 years of satisfactory supervised experience 6 requirements for licensure. Nothing contained in this Section 7 shall be construed as permitting such students, interns, or 8 residents to offer their services as clinical psychologists 9 to any other person or persons and to accept remuneration for 10 such clinical psychological services other than as 11 specifically excepted herein, unless they have been licensed 12 under the provisions of this Act. 13 (b) Nothing in this Act shall be construed as permitting 14 persons licensed as clinical psychologists to engage in any 15 manner in the practice of medicine as defined in the laws of 16 this State. Persons licensed as clinical psychologists who 17 render services to persons in need of mental treatment or who 18 are mentally ill shall as appropriate initiate genuine 19 collaboration with a physician licensed in Illinois to 20 practice medicine in all its branches. 21 (c) Nothing in this Act shall be construed as 22 restricting an individual certified as a school psychologist 23 by the State Board of Education, who is at least 21 years of 24 age and has had at least 3 years of full-time experience as a 25 certified school psychologist, from using the title school 26 psychologist and offering school psychological services 27 limited to those services set forth in the rules and 28 regulations that govern the administration and operation of 29 special education pertaining to children and youth ages 0-21 30 prepared by the State Board of Education. Anyone offering 31 such services under the provisions of this paragraph shall 32 use the term school psychologist and describe such services 33 as "School Psychological Services". This exemption shall be 34 limited to the practice of school psychology only as HB0819 Engrossed -74- LRB9002629THpk 1 manifested through psychoeducational problems, and shall not 2 be construed to allow a school psychologist to function as a 3 general practitioner of clinical psychology, unless otherwise 4 licensed under this Act. However, nothing in this paragraph 5 prohibits a school psychologist from making evaluations, 6 recommendations or interventions regarding the placement of 7 children in educational programs or special education 8 classes, nor shall it prohibit school psychologists from 9 providing clinical psychological services under the 10 supervision of a licensed clinical psychologist. This 11 paragraph shall not be construed to mandate insurance 12 companies to reimburse school psychologists directly for the 13 services of school psychologists. Nothing in this paragraph 14 shall be construed to exclude anyone duly licensed under this 15 Act from offering psychological services in the school 16 setting. School psychologists providing services under the 17 provisions of this paragraph shall not provide such services 18 outside their employment to any child who is a student in the 19 district or districts which employ such school psychologist. 20 School psychologists, as described in this paragraph, shall 21 be under the regulatory authority of the State Board of 22 Education and the Professional Teacher Standards BoardState23Teacher Certification Board. 24 (d) Nothing in this Act shall be construed to limit the 25 activities and use of the official title of "psychologist" on 26 the part of a person not licensed under this Act who 27 possesses a doctoral degree earned in a program concentrated 28 primarily on the study of psychology and is an academic 29 employee of a duly chartered institution of higher education 30 insofar as such person engages in public speaking with or 31 without remuneration, provided that such person is not in any 32 manner held out to the public as practicing clinical 33 psychology as defined in paragraph 5 of Section 2 of this 34 Act, unless he or she has been licensed under the provisions HB0819 Engrossed -75- LRB9002629THpk 1 of this Act. 2 (e) Nothing in this Act shall be construed to regulate, 3 control, or restrict the clinical practice of any person 4 licensed, registered, or certified in this State under any 5 other Act, provided that such person is not in any manner 6 held out to the public as rendering clinical psychological 7 services as defined in paragraph 7 of Section 2 of this Act. 8 (f) Nothing in this Act shall be construed to limit the 9 activities and use of the title "psychologist" on the part of 10 a person who practices psychology and (i) who possesses a 11 doctoral degree earned in a program concentrated primarily on 12 the study of psychology; and (ii) whose services involve the 13 development and application of psychological theory and 14 methodology to problems of organizations and problems of 15 individuals and groups in organizational settings; and 16 provided further that such person is not in any manner held 17 out to the public as practicing clinical psychology and is 18 not held out to the public by any title, description or 19 designation stating or implying that he or she is a clinical 20 psychologist unless he or she has been licensed under the 21 provisions of this Act. 22 (Source: P.A. 89-702, eff. 7-1-97.) 23 Section 20. The Professional Counselor and Clinical 24 Professional Counselor Licensing Act is amended by changing 25 Section 15 as follows: 26 (225 ILCS 107/15) 27 Sec. 15. Exemptions. 28 (a) This Act does not prohibit any persons legally 29 regulated in this State by any other Act from engaging in the 30 practice for which they are authorized as long as they do not 31 represent themselves by the title of "professional 32 counselor", "licensed professional counselor", "clinical HB0819 Engrossed -76- LRB9002629THpk 1 professional counselor", or "licensed clinical professional 2 counselor". This Act does not prohibit the practice of 3 nonregulated professions whose practitioners are engaged in 4 the delivery of human services as long as these practitioners 5 do not represent themselves as or use the title of 6 "professional counselor", "licensed professional counselor", 7 "clinical professional counselor", or "licensed clinical 8 professional counselor". 9 (b) Nothing in this Act shall be construed to limit the 10 activities and services of a student, intern, or resident in 11 professional counseling or clinical professional counseling 12 seeking to fulfill educational requirements in order to 13 qualify for a license under this Act, or an individual 14 seeking to fulfill the post-degree experience requirements in 15 order to qualify for licensing under this Act, if the 16 activities and services are supervised as specified in this 17 Act, and that the student, intern, or resident is designated 18 by a title "intern" or "resident" or other designation of 19 trainee status. Nothing contained in this Section shall be 20 construed to permit students, interns, or residents to offer 21 their services as professional counselors or clinical 22 professional counselors to any other person and to accept 23 remuneration for such professional counseling or clinical 24 professional counseling services other than as specifically 25 excepted in this Section, unless they have been licensed 26 under this Act. 27 (c) Corporations, partnerships, and associations may 28 employ practicum students, interns, or post-degree candidates 29 seeking to fulfill educational requirements or the 30 professional experience requirements needed to qualify for a 31 license under this Act if their activities and services 32 constitute a part of the student's supervised course of study 33 or post-degree professional experience requirements. Nothing 34 in this paragraph shall prohibit a corporation, partnership, HB0819 Engrossed -77- LRB9002629THpk 1 or association from contracting with a licensed health care 2 professional to provide services. 3 (d) Nothing in this Act shall prevent the employment, by 4 a professional counselor or clinical professional counselor, 5 person, association, partnership, or a corporation furnishing 6 professional counseling or clinical professional counseling 7 services for remuneration, of persons not licensed as 8 professional counselors or clinical professional counselors 9 under this Act to perform services in various capacities as 10 needed if these persons are not in any manner held out to the 11 public or do not hold themselves out to the public by any 12 title or designation stating or implying that they are 13 professional counselors or clinical professional counselors. 14 (e) Nothing in this Act shall be construed to limit the 15 services of a person, not licensed under the provisions of 16 this Act, in the employ of a federal, State, county, or 17 municipal agency or other political subdivision or 18 not-for-profit corporation providing human services if (1) 19 the services are a part of the duties in his or her salaried 20 position, (2) the services are performed solely on behalf of 21 his or her employer, and (3) that person does not in any 22 manner represent himself or herself as or use the title of 23 "professional counselor", "licensed professional counselor", 24 "clinical professional counselor", or "licensed clinical 25 professional counselor". 26 (f) Duly recognized members of any religious 27 organization shall not be restricted from functioning in 28 their ministerial capacity provided they do not represent 29 themselves as being professional counselors or clinical 30 professional counselors, or as providing "professional 31 counseling" or "clinical professional counseling". This Act 32 shall not apply or be construed so as to apply to the 33 employees or agents of a church or religious organization or 34 an organization owned, controlled, or affiliated with a HB0819 Engrossed -78- LRB9002629THpk 1 church or religious organization, unless the church, 2 religious organization, or owned, controlled, or affiliated 3 organization designates or holds these employees or agents 4 out to the public as professional counselors or clinical 5 professional counselors or holds out their services as being 6 "professional counseling" or "clinical professional 7 counseling". 8 (g) Nothing in this Act shall prohibit individuals not 9 licensed under the provisions of this Act who work in 10 self-help groups or programs or not-for-profit organizations 11 from providing services in those groups, programs, or 12 organizations, as long as those persons are not in any manner 13 held out to the public as practicing professional counseling 14 or clinical professional counseling, or do not hold 15 themselves out to the public by any title or designation 16 stating or implying that they are professional counselors or 17 clinical professional counselors. 18 (h) Nothing in this Act shall be construed to limit the 19 activities and use of the official title of "professional 20 counselor" or "clinical professional counselor" on the part 21 of a person not licensed under this Act who is an academic 22 employee of a duly chartered institution of higher education 23 and who holds educational and professional qualifications 24 equivalent to those required for licensing under this Act, 25 insofar as such activities are performed in the person's role 26 as an academic employee, or insofar as such person engages in 27 public speaking with or without remuneration. 28 (i) Nothing in this Act shall be construed to require 29 licensure under this Act or limit the services of a school 30 counselor certified by the Professional Teacher Standards 31 BoardState Teacher Certification Boardand employed as 32 authorized by Section 10-22-24a or any other provision of 33 the School Code as long as that person is not in any manner 34 held out to the public as a "professional counselor" or HB0819 Engrossed -79- LRB9002629THpk 1 "clinical professional counselor" or does not hold out his or 2 her services as being "professional counseling" or "clinical 3 professional counseling". 4 (j) Nothing in this Act shall be construed to require 5 any hospital, clinic, home health agency, hospice, or other 6 entity that provides health care to employ or to contract 7 with a person licensed under this Act to provide professional 8 counseling or clinical professional counseling services. 9 These persons may not hold themselves out or represent 10 themselves to the public as being licensed under this Act. 11 (k) Nothing in this Act shall be construed to require 12 licensure under this Act or limit the services of a person 13 employed by a private elementary or secondary school who 14 provides counseling within the scope of his or her employment 15 as long as that person is not in any manner held out to the 16 public as a "professional counselor" or "clinical 17 professional counselor" or does not hold out his or her 18 services as being "professional counseling" or "clinical 19 professional counseling". 20 (l) Nothing in this Act shall be construed to require 21 licensure under this Act or limit the services of a rape 22 crisis counselor who is an employee or volunteer of a rape 23 crisis organization as defined in Section 8-802.1 of the Code 24 of Civil Procedure as long as that person is not in any 25 manner held out to the public as a "professional counselor" 26 or "clinical professional counselor" or does not hold out his 27 or her services as being "professional counseling" or 28 "clinical professional counseling". 29 (m) Nothing in this Act shall be construed to prevent 30 any licensed social worker, licensed clinical social worker, 31 or licensed clinical psychologist from practicing 32 professional counseling as long as that person is not in any 33 manner held out to the public as a "professional counselor" 34 or "clinical professional counselor" or does not hold out his HB0819 Engrossed -80- LRB9002629THpk 1 or her services as being "professional counseling" or 2 "clinical professional counseling". 3 (n) Nothing in this Act shall be construed to limit the 4 activities and use of the official title of "professional 5 counselor" or "clinical professional counselor" on the part 6 of a person not licensed under this Act who is a physician 7 licensed to practice medicine in all of its branches under 8 the Medical Practice Act of 1987. 9 (o) Nothing in this Act shall be construed to require 10 licensure under this Act or limit the services of a domestic 11 violence counselor who is an employee or volunteer of a 12 domestic violence program as defined in Section 227 of the 13 Illinois Domestic Violence Act of 1986. 14 (Source: P.A. 87-1011; 87-1212; 87-1269; 88-45; 88-424; 15 88-670, eff. 12-2-94.) 16 (105 ILCS 5/21-13 rep.) 17 (105 ILCS 5/21-26 rep.) 18 Section 25. The School Code is amended by repealing 19 Sections 21-13 and 21-26. 20 Section 95. No acceleration or delay. Where this Act 21 makes changes in a statute that is represented in this Act by 22 text that is not yet or no longer in effect (for example, a 23 Section represented by multiple versions), the use of that 24 text does not accelerate or delay the taking effect of (i) 25 the changes made by this Act or (ii) provisions derived from 26 any other Public Act. 27 Section 99. Effective date. This Act takes effect 28 January 1, 1998. HB0819 Engrossed -81- LRB9002629THpk 1 INDEX 2 Statutes amended in order of appearance 3 105 ILCS 5/2-3.11 from Ch. 122, par. 2-3.11 4 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 5 105 ILCS 5/10-22.20a from Ch. 122, par. 10-22.20a 6 105 ILCS 5/10-22.24a from Ch. 122, par. 10-22.24a 7 105 ILCS 5/10-22.34 from Ch. 122, par. 10-22.34 8 105 ILCS 5/14-1.09.1 9 105 ILCS 5/14-8.05 from Ch. 122, par. 14-8.05 10 105 ILCS 5/14C-2 from Ch. 122, par. 14C-2 11 105 ILCS 5/21-0.01 new 12 105 ILCS 5/21-1 from Ch. 122, par. 21-1 13 105 ILCS 5/21-1a from Ch. 122, par. 21-1a 14 105 ILCS 5/21-1b from Ch. 122, par. 21-1b 15 105 ILCS 5/21-1c from Ch. 122, par. 21-1c 16 105 ILCS 5/21-2 from Ch. 122, par. 21-2 17 105 ILCS 5/21-2.1 from Ch. 122, par. 21-2.1 18 105 ILCS 5/21-2b from Ch. 122, par. 21-2b 19 105 ILCS 5/21-3 from Ch. 122, par. 21-3 20 105 ILCS 5/21-4 from Ch. 122, par. 21-4 21 105 ILCS 5/21-5 from Ch. 122, par. 21-5 22 105 ILCS 5/21-5a from Ch. 122, par. 21-5a 23 105 ILCS 5/21-7.1 from Ch. 122, par. 21-7.1 24 105 ILCS 5/21-9 from Ch. 122, par. 21-9 25 105 ILCS 5/21-10 from Ch. 122, par. 21-10 26 105 ILCS 5/21-11 from Ch. 122, par. 21-11 27 105 ILCS 5/21-11.1 from Ch. 122, par. 21-11.1 28 105 ILCS 5/21-11.2 from Ch. 122, par. 21-11.2 29 105 ILCS 5/21-11.3 from Ch. 122, par. 21-11.3 30 105 ILCS 5/21-11.4 31 105 ILCS 5/21-12 from Ch. 122, par. 21-12 32 105 ILCS 5/21-14 from Ch. 122, par. 21-14 33 105 ILCS 5/21-16 from Ch. 122, par. 21-16 34 105 ILCS 5/21-17 from Ch. 122, par. 21-17 HB0819 Engrossed -82- LRB9002629THpk 1 105 ILCS 5/21-19 from Ch. 122, par. 21-19 2 105 ILCS 5/21-21 from Ch. 122, par. 21-21 3 105 ILCS 5/21-21.1 from Ch. 122, par. 21-21.1 4 105 ILCS 5/21-23 from Ch. 122, par. 21-23 5 105 ILCS 5/21-23b from Ch. 122, par. 21-23b 6 105 ILCS 5/21-24 from Ch. 122, par. 21-24 7 105 ILCS 5/21-25 from Ch. 122, par. 21-25 8 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 9 105 ILCS 5/34-83 from Ch. 122, par. 34-83 10 110 ILCS 947/65.20 11 225 ILCS 15/4 from Ch. 111, par. 5354 12 225 ILCS 107/15 13 105 ILCS 5/21-13 rep. 14 105 ILCS 5/21-26 rep.