State of Illinois
92nd General Assembly
Legislation

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92_HB1026eng

 
HB1026 Engrossed                               LRB9207609NTsb

 1        AN ACT concerning education.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Sections 14C-8, 21-1, and 21-2 as follows:

 6        (105 ILCS 5/14C-8) (from Ch. 122, par. 14C-8)
 7        Sec.  14C-8.  Teacher  certification  -  Qualifications -
 8    Issuance of certificates.  No person shall  be  eligible  for
 9    employment  by a school district as a teacher of transitional
10    bilingual  education  without  either  (a)  holding  a  valid
11    teaching certificate issued pursuant to Article  21  of  this
12    Code   and   meeting  such  additional  language  and  course
13    requirements as prescribed by the State Board  of  Education,
14    in  consultation  with the State Teacher Certification Board,
15    or (b) meeting the requirements set forth  in  this  Section.
16    The  State Board of Education, in consultation with the State
17    Teacher Certification Board, shall issue  certificates  valid
18    for   teaching   in  all  grades  of  the  common  school  in
19    transitional bilingual education programs to any  person  who
20    presents  it  with satisfactory evidence that he possesses an
21    adequate speaking and reading ability  in  a  language  other
22    than  English  in  which  transitional bilingual education is
23    offered and communicative skills in  English,  and  possessed
24    within  5  years  previous  to  his  or  her  applying  for a
25    certificate under this Section a valid  teaching  certificate
26    issued  by  a foreign country, or by a State or possession or
27    territory of the United States, or other evidence of teaching
28    preparation as may be determined  to  be  sufficient  by  the
29    State  Board  of  Education,  in  consultation with the State
30    Teacher Certification  Board,  or  holds  a  degree  from  an
31    institution of higher learning in a foreign country which the
 
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 1    State  Board  of  Education,  in  consultation with the State
 2    Certification Board, determines to be  the  equivalent  of  a
 3    bachelor's  degree  from  a  recognized institution of higher
 4    learning in the  United  States;  provided  that  any  person
 5    seeking  a  certificate  under  this  Section  must  meet the
 6    following additional requirements:
 7        (1)  Such persons must be in good health;
 8        (2)  Such persons must be of sound moral character;
 9        (3)  Such persons must be legally present in  the  United
10    States and possess legal authorization for employment;
11        (4)  Such  persons  must  not  be employed to replace any
12    presently  employed  teacher  who  otherwise  would  not   be
13    replaced for any reason.
14        Certificates  issued  issuable  pursuant  to this Section
15    shall be called transitional bilingual  certificates.   These
16    certificates  are  valid  for  2 years and may not be renewed
17    more than 3 times for a period of 2  years  each,  after  the
18    2nd, 4th, and 6th year of teaching.  A transitional bilingual
19    certificate may not be renewed unless the holder successfully
20    completes  a  minimum  of  9  semester  hours  of  college or
21    university  coursework  in  an  approved  education   program
22    leading  to  eligibility  for an Initial or Standard Teaching
23    Certificate, issued pursuant to Section 21-2  of  this  Code,
24    during  each  2-year  validity  period  of  the  transitional
25    bilingual  certificate.   All  applications  for renewal of a
26    transitional bilingual certificate shall be directed  to  the
27    State Board of Education and shall contain documentation that
28    the   certificate   holder  has  successfully  completed  the
29    required  coursework.  issuable  only  during  the  5   years
30    immediately  following  the  effective  date  of this Act and
31    thereafter for additional periods of one  year  only  upon  a
32    determination  by  the State Board of Education that a school
33    district lacks the number of  teachers  necessary  to  comply
34    with the mandatory requirements of Sections 14C-2.1 and 14C-3
 
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 1    of  this  Article  for  the  establishment and maintenance of
 2    programs  of  transitional  bilingual  education   and   said
 3    certificates issued by the Certification Board shall be valid
 4    for  a period of 6 years following their date of issuance and
 5    shall not be renewed, except that one renewal for a period of
 6    two years may be granted if necessary to permit the holder of
 7    a certificate issued under this Section to acquire a teaching
 8    certificate pursuant  to  Article  21  of  this  Code.   Such
 9    certificates and the persons to whom they are issued shall be
10    exempt  from the provisions of Article 21 of this Code except
11    that Sections  21-12,  21-13,  21-16,  21-17,  21-19,  21-21,
12    21-22, 21-23 and 21-24 shall continue to be applicable to all
13    such certificates and certificate holders.
14        Each  holder of a transitional bilingual certificate must
15    develop a plan for satisfying the renewal requirements  every
16    2   years,   if  necessary,  and  must  maintain  records  of
17    completion of required coursework  to  document  his  or  her
18    progress.   Each  school  district that employs a holder of a
19    transitional  bilingual  certificate  must  (i)  review   the
20    certificate  holder's  plan,  (ii)  monitor  the  certificate
21    holder's   progress  made  annually,  and  (iii)  retain  the
22    documentation provided by the certificate holder.  The school
23    district must certify to the State Board  of  Education  that
24    the   certificate   holder  has  successfully  completed  the
25    required coursework.  If exceptional circumstances exist, the
26    State Superintendent of Education  may  grant  an  additional
27    period  of  time  to fulfill the renewal requirements for one
28    2-year period, as long  as  the  maximum  amount  of  time  a
29    certificate  is held is 8 years.  Eligibility and application
30    for the additional period of  time  shall  be  determined  in
31    accordance  with  rules  established  by  the  State Board of
32    Education,   in   consultation   with   the   State   Teacher
33    Certification Board.  Each school  district  that  employs  a
34    holder  of a transitional bilingual certificate is encouraged
 
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 1    to provide mentoring by an  experienced  teacher  during  the
 2    first 2 years that the holder's certificate is valid.
 3        An  individual  who  completes  4 years of teaching after
 4    receiving a transitional  bilingual  certificate  issued  and
 5    renewed  pursuant  to  this  Section qualifies for a Standard
 6    Teaching Certificate, provided that the individual  satisfies
 7    the requirements for a Standard Certificate established under
 8    subsection  (c)  of  Section  21-2  of  this  Code, including
 9    successful completion of the  Standard  Teaching  Certificate
10    Examination  beginning  July  1,  2003.  An individual who so
11    qualifies for a Standard Teaching Certificate without receipt
12    of an Initial Teaching Certificate must successfully complete
13    the Initial Teaching  Certification  examination  established
14    under  subsection  (b)  of  Section  21-2  of  this  Code.  A
15    transitional bilingual certificate may not be  renewed  after
16    the  4th  year  of  teaching  unless  the  certificate holder
17    satisfactorily passes the test of  basic  skills  established
18    under  Section  21-1a  of  this Code before application for a
19    second renewal. After the effective date of  this  amendatory
20    Act  of  1984,  an  additional renewal for a period to expire
21    August 31, 1985, may be granted. The State Board of Education
22    shall report to the General Assembly on or before January 31,
23    1985 its recommendations for the qualification of teachers of
24    bilingual education and for the qualification of teachers  of
25    English  as  a  second  language.  Said qualification program
26    shall take effect no later than August 31, 1985.
27        Beginning July 1, 2001,  the  State  Board  of  Education
28    shall  implement  a  test  or  tests  to assess the speaking,
29    reading, writing, and grammar  skills  of  applicants  for  a
30    certificate issued under this Section in the English language
31    and  in  the language of the transitional bilingual education
32    program  requested  by  the  applicant  and  shall  establish
33    appropriate  fees  for  these  tests.   The  State  Board  of
34    Education, in  consultation  with  the  Certification  Board,
 
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 1    shall  promulgate  rules  to  implement  the  required tests,
 2    including specific provisions to govern test selection,  test
 3    validation,  determination of a passing score, administration
 4    of the test or tests, frequency of administration,  applicant
 5    fees,  identification requirements for test takers, frequency
 6    of applicants taking the tests, the years for which  a  score
 7    is   valid,   waiving   tests   for   individuals   who  have
 8    satisfactorily passed other tests, and  the  consequences  of
 9    dishonest  conduct  in  the  application for or taking of the
10    tests.
11        If the qualifications of an applicant for  a  certificate
12    valid   for  teaching  in  transitional  bilingual  education
13    programs in all grades of the common schools do not meet  the
14    requirements   established   for   the   issuance   of   that
15    certificate, the Certification Board nevertheless shall issue
16    the   applicant  a  substitute  teacher's  certificate  under
17    Section 21-9  whenever  it  appears  from  the  face  of  the
18    application  submitted  for  certification  as  a  teacher of
19    transitional bilingual education and the  evidence  presented
20    in  support  thereof that the applicant's qualifications meet
21    the  requirements  established  for   the   issuance   of   a
22    certificate under Section 21-9; provided, that if it does not
23    appear  from  the  face  of  such  application and supporting
24    evidence that the applicant is qualified for  issuance  of  a
25    certificate  under Section 21-9 the Certification Board shall
26    evaluate the application with reference to  the  requirements
27    for  issuance  of  certificates  under Section 21-9 and shall
28    inform the applicant, at the time it denies  the  application
29    submitted  for  certification  as  a  teacher of transitional
30    bilingual education, of the additional  qualifications  which
31    the  applicant must possess in order to meet the requirements
32    established for issuance  of  (i)  a  certificate  valid  for
33    teaching  in transitional bilingual education programs in all
34    grades of the common schools and (ii) a substitute  teacher's
 
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 1    certificate under Section 21-9.
 2    (Source: P.A. 91-370, eff. 7-30-99.)

 3        (105 ILCS 5/21-1) (from Ch. 122, par. 21-1)
 4        Sec.  21-1.   Qualification  of  teachers.  No one may be
 5    certified to teach or supervise in the public schools of this
 6    State who is not of good character, good health, a citizen of
 7    the United States  or  legally  present  and  authorized  for
 8    employment, and at least 19 years of age.  If the holder of a
 9    certificate under this Section is not a citizen of the United
10    States 6 years after the date of the issuance of the original
11    certificate, any certificate held by such person on that date
12    shall  be  cancelled  by  the board of education and no other
13    certificate to teach shall be issued  to  such  person  until
14    such  person is a citizen of the United States.  However, the
15    State Superintendent of Education may extend this 6-year time
16    limit for a period of 2 years if the person certifies his  or
17    her intention to become a United States citizen and furnishes
18    proof  that  he  or  she  has filed an application for United
19    States citizenship.  Upon the expiration  of  this  extension
20    period,  the  State  Superintendent of Education may grant an
21    additional extension of 2 years upon proof that the  person's
22    application for citizenship is pending.  If the person is not
23    a  United  States  citizen  by  the  end  of  this additional
24    extension period, any certificate held by that person at  the
25    end  of  this  period  shall  be  cancelled  by  the board of
26    education and no other certificate may be  issued  until  the
27    person  furnishes  proof  that  he  or she is a United States
28    citizen.
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
 
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 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 State Teacher Certification
20    Board, depending upon  the  severity  of  the  alteration  or
21    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  by  the  State  Board  of  Education or by the State
26    Teacher Certification Board and a regional superintendent  of
27    schools as hereinafter provided, or by the board of education
28    of  a  city having a population exceeding 500,000 inhabitants
29    except as provided in Section 34-6 and in Section 10-22.34 or
30    Section 10-22.34b. However, the provisions of this Article do
31    not apply to a member of the armed forces who is employed  as
32    a teacher of subjects in the Reserve Officer's Training Corps
33    of  any  school.  Sections 21-2 through 21-24 do not apply to
34    cities having a  population  exceeding  500,000  inhabitants,
 
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 1    until July 1, 1988.
 2        Notwithstanding  any  other  provision  of  this Act, the
 3    board of education of any school  district  may  grant  to  a
 4    teacher  of the district a leave of absence with full pay for
 5    a period of not more than one year to permit such teacher  to
 6    teach in a foreign state under the provisions of the Exchange
 7    Teacher  Program  established  under  Public  Law  584,  79th
 8    Congress, and Public Law 402, 80th Congress, as amended.  The
 9    school  board  granting such leave of absence may employ with
10    or without pay a national of the foreign  state  wherein  the
11    teacher  on  leave  of absence will teach, if the national is
12    qualified to  teach  in  that  foreign  state,  and  if  that
13    national will teach in a grade level similar to the one which
14    was  taught  in  such  foreign  state.  The  State  Board  of
15    Education  shall promulgate and enforce such reasonable rules
16    as may be necessary to effectuate this paragraph.
17    (Source: P.A.  88-189;  89-159,  eff.  1-1-96;  89-397,  eff.
18    8-20-95; 89-626, eff. 8-9-96.)

19        (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
20        Sec. 21-2.  Grades of certificates.
21        (a)  Until  February  15,  2000,  all certificates issued
22    under this Article shall be State certificates valid,  except
23    as  limited  in Section 21-1, in every school district coming
24    under the provisions of this Act and shall be limited in time
25    and   designated   as   follows:    Provisional    vocational
26    certificate,  temporary  provisional  vocational certificate,
27    early childhood certificate, elementary  school  certificate,
28    special  certificate, high school certificate, school service
29    personnel    certificate,     administrative     certificate,
30    provisional  certificate,  and  substitute  certificate.  The
31    requirement of student teaching  under  close  and  competent
32    supervision  for  obtaining  a  teaching  certificate  may be
33    waived  by  the  State  Teacher  Certification   Board   upon
 
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 1    presentation  to  the  Board  by the teacher of evidence of 5
 2    years successful teaching experience on a  valid  certificate
 3    and  graduation  from  a  recognized  institution  of  higher
 4    learning  with  a  bachelor's  degree  with not less than 120
 5    semester  hours  and  a  minimum  of  16  semester  hours  in
 6    professional education.
 7        (b)  Initial Teaching  Certificate.   Beginning  February
 8    15,  2000, persons who (1) have completed an approved teacher
 9    preparation program,  (2)  are  recommended  by  an  approved
10    teacher  preparation program, (3) have successfully completed
11    the Initial Teaching Certification examinations  required  by
12    the  State  Board  of  Education,  and (4) have met all other
13    criteria established by  the  State  Board  of  Education  in
14    consultation  with  the  State  Teacher  Certification Board,
15    shall be issued an Initial Teaching Certificate valid  for  4
16    years  of teaching, as defined in Section 21-14 of this Code.
17    Initial Teaching Certificates shall be issued for  categories
18    corresponding  to Early Childhood, Elementary, Secondary, and
19    Special K-12, with  special  certification  designations  for
20    Special  Education, Bilingual Education, fundamental learning
21    areas  (including  Language   Arts,   Reading,   Mathematics,
22    Science,  Social  Science,  Physical  Development and Health,
23    Fine Arts, and Foreign Language), and other areas  designated
24    by  the  State  Board  of Education, in consultation with the
25    State Teacher Certification Board.
26        (c)  Standard Certificate.  Beginning February 15,  2000,
27    persons  who  (1)  have  completed  4  years  of teaching, as
28    defined in Section  21-14  of  this  Code,  with  an  Initial
29    Certificate  or  an  Initial Alternative Teaching Certificate
30    and have met all other  criteria  established  by  the  State
31    Board  of  Education  in  consultation with the State Teacher
32    Certification Board, (2) have completed 4 years  of  teaching
33    on  a  valid  equivalent  certificate  in  another  State  or
34    territory  of  the  United  States, have completed 4 years of
 
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 1    teaching on a valid certificate issued  pursuant  to  Section
 2    14C-8  of this Code, or have completed 4 years of teaching in
 3    a nonpublic Illinois elementary or secondary school  with  an
 4    Initial   Certificate  or  an  Initial  Alternative  Teaching
 5    Certificate, and have met all other criteria  established  by
 6    the  State Board of Education, in consultation with the State
 7    Teacher Certification Board,  or  (3)  were  issued  teaching
 8    certificates  prior  to  February  15,  2000 and are renewing
 9    those certificates after February 15, 2000, shall be issued a
10    Standard Certificate valid for 5 years, which may be  renewed
11    thereafter  every  5 years by the State Teacher Certification
12    Board based on proof of continuing education or  professional
13    development.   Beginning  July  1,  2003,  persons  who  have
14    completed 4 years of teaching, as described  in  clauses  (1)
15    and  (2)  of this subsection (c), have successfully completed
16    the Standard Teaching Certificate Examinations, and have  met
17    all   other  criteria  established  by  the  State  Board  of
18    Education,   in   consultation   with   the   State   Teacher
19    Certification Board, shall be issued  Standard  Certificates.
20    Standard   Certificates   shall   be  issued  for  categories
21    corresponding to Early Childhood, Elementary, Secondary,  and
22    Special  K-12,  with  special  certification designations for
23    Special Education, Bilingual Education, fundamental  learning
24    areas   (including   Language   Arts,  Reading,  Mathematics,
25    Science, Social Science,  Physical  Development  and  Health,
26    Fine  Arts, and Foreign Language), and other areas designated
27    by the State Board of Education,  in  consultation  with  the
28    State Teacher Certification Board.
29        (d)  Master  Certificate.   Beginning  February 15, 2000,
30    persons  who  have  successfully  achieved   National   Board
31    certification  through  the  National  Board for Professional
32    Teaching Standards shall  be  issued  a  Master  Certificate,
33    valid  for  10  years and renewable thereafter every 10 years
34    through compliance with requirements set forth by  the  State
 
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 1    Board  of  Education,  in consultation with the State Teacher
 2    Certification Board. However, each teacher who holds a Master
 3    Certificate shall be eligible for a teaching position in this
 4    State in the areas  for  which  he  or  she  holds  a  Master
 5    Certificate without satisfying any other requirements of this
 6    Code,  except  for  those requirements pertaining to criminal
 7    background checks.  A teacher who holds a Master  Certificate
 8    shall   be   deemed   to  meet  State  certification  renewal
 9    requirements in the area or areas for which he or she holds a
10    Master Certificate for the  10-year  term  of  the  teacher's
11    Master Certificate.
12    (Source:  P.A.  90-548,  eff.  1-1-98;  90-653, eff. 7-29-98;
13    90-811, eff. 1-26-99;  91-102,  eff.  7-12-99;  91-606,  eff.
14    8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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