State of Illinois
92nd General Assembly
Legislation

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[ Senate Amendment 001 ]


92_HB1356ham001

 










                                           LRB9203588LBmbam01

 1                    AMENDMENT TO HOUSE BILL 1356

 2        AMENDMENT NO.     .  Amend House Bill 1356  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section   5.   The  School  Code  is amended by changing
 5    Sections 21-2 and 21-14 and adding Sections 1.09b, 1.09c, and
 6    6.03 as follows:

 7        (105 ILCS 5/14-1.09b new)
 8        Sec.     14-1.09b.      Speech-language      pathologist.
 9    "Speech-language pathologist" means a person who has received
10    a  license pursuant to the Illinois Speech-Language Pathology
11    and Audiology Practice Act  to  engage  in  the  practice  of
12    speech-language pathology.

13        (105 ILCS 5/14-1.09c new)
14        Sec.   14-1.09c.   Speech-language  pathology  assistant.
15    "Speech-language pathology assistant" means a person who  has
16    received  a  license  to assist a speech-language pathologist
17    pursuant  to  the  Illinois  Speech-Language  Pathology   and
18    Audiology Practice Act.

19        (105 ILCS 5/14-6.03 new)
20        Sec. 14-6.03.  Speech-language pathology assistants.
 
                            -2-            LRB9203588LBmbam01
 1        (a)  Except  as otherwise provided in this subsection, on
 2    or after January 1, 2002, no person shall perform the  duties
 3    of   a  speech-language  pathology  assistant  without  first
 4    applying for and receiving a license for  that  purpose  from
 5    the Department of Professional Regulation.  Before January 1,
 6    2004,  however,  any  person  holding  a bachelor's degree in
 7    communication disorders who has been approved  by  the  State
 8    Board  of  Education  on  or after the effective date of this
 9    amendatory Act of the 92nd General Assembly  to  perform  the
10    functions and duties of a speech-language pathology assistant
11    may  perform  those  functions and duties without obtaining a
12    license as a speech-language pathology assistant pursuant  to
13    the Illinois Speech-Language Pathology and Audiology Practice
14    Act.   A  person  employed  as  a  speech-language  pathology
15    assistant  in  any  class,  service, or program authorized by
16    this Article may perform only those duties authorized by this
17    Section  under   the   supervision   of   a   speech-language
18    pathologist as provided in this Section.
19        (b)  A  speech-language  pathology  assistant  may not be
20    assigned his  or  her  own  student  caseload.   The  student
21    caseload   limit   of   a   speech-language  pathologist  who
22    supervises any speech-language pathology assistants shall  be
23    determined  by  the  severity  of  the  needs of the students
24    served  by  the  speech-language  pathologist.   A  full-time
25    speech-language pathologist's caseload limit may  not  exceed
26    80  students  (60  students on or after September 1, 2003) at
27    any time.  The caseload limit of a part-time  speech-language
28    pathologist  shall  be determined by multiplying the caseload
29    limit  of  a  full-time  speech-language  pathologist  by   a
30    percentage  that  equals  the  number  of hours worked by the
31    part-time speech-language pathologist divided by  the  number
32    of hours worked by a full-time speech-language pathologist in
33    that   school  district.   Employment  of  a  speech-language
34    pathology assistant may not increase or decrease the caseload
 
                            -3-            LRB9203588LBmbam01
 1    of the supervising speech-language pathologist.
 2        (c)  A  school  district  that  intends  to  utilize  the
 3    services  of  a  speech-language  pathology  assistant   must
 4    provide  written  notification  to  the parent or guardian of
 5    each  student  who  will  be  served  by  a   speech-language
 6    pathology assistant.
 7        (d)  The  scope  of  responsibility  of a speech-language
 8    pathology assistant shall be  limited  to  supplementing  the
 9    role  of  the speech-language pathologist in implementing the
10    treatment   program   established   by   a    speech-language
11    pathologist.   The  functions and duties of a speech-language
12    pathology assistant shall be limited to the following:
13             (1) Conducting  speech-language  screening,  without
14        interpretation, and using screening protocols selected by
15        the supervising speech-language pathologist.
16             (2)  Providing   direct   treatment   assistance  to
17        students  under  the  supervision  of  a  speech-language
18        pathologist.
19             (3)  Following and implementing documented treatment
20        plans   or   protocols   developed   by   a   supervising
21        speech-language pathologist.
22             (4)  Documenting  student  progress  toward  meeting
23        established objectives, and reporting the information  to
24        a supervising speech-language pathologist.
25             (5)  Assisting  a speech-language pathologist during
26        assessments, including, but  not  limited  to,  assisting
27        with   formal  documentation,  preparing  materials,  and
28        performing   clerical   duties    for    a    supervising
29        speech-language pathologist.
30             (6)  Acting   as   an  interpreter  for  non-English
31        speaking students and their family members when competent
32        to do so.
33             (7)  Scheduling  activities  and  preparing  charts,
34        records, graphs, and data.
 
                            -4-            LRB9203588LBmbam01
 1             (8) Performing checks and maintenance of  equipment,
 2        including, but not limited to, augmentative communication
 3        devices.
 4             (9)   Assisting   with   speech-language   pathology
 5        research  projects,  in-service  training,  and family or
 6        community education.
 7        (e)  A speech-language pathology assistant may not:
 8             (1)  perform   standardized    or    nonstandardized
 9        diagnostic  tests  or  formal  or informal evaluations or
10        interpret test results;
11             (2)  screen or  diagnose  students  for  feeding  or
12        swallowing disorders;
13             (3)  participate   in   parent   conferences,   case
14        conferences,  or  any  interdisciplinary team without the
15        presence of the supervising speech-language pathologist;
16             (4)  provide student or family counseling;
17             (5)  write,   develop,   or   modify   a   student's
18        individualized treatment plan;
19             (6)  assist  with  students  without  following  the
20        individualized treatment plan prepared by the supervising
21        speech-language pathologist;
22             (7)  sign any formal documents,  such  as  treatment
23        plans, reimbursement forms, or reports;
24             (8)  select students for services;
25             (9)  discharge a student from services;
26             (10)  disclose clinical or confidential information,
27        either  orally  or  in  writing, to anyone other than the
28        supervising speech-language pathologist;
29             (11)  make referrals for additional services;
30             (12)  counsel or consult with the  student,  family,
31        or others regarding the student's status or service;
32             (13)  represent   himself   or   herself   to  be  a
33        speech-language pathologist or a speech therapist;
34             (14)  use a checklist or tabulate results of feeding
 
                            -5-            LRB9203588LBmbam01
 1        or swallowing evaluations; or
 2             (15)  demonstrate    swallowing    strategies     or
 3        precautions to students, family, or staff.
 4        (f)  A speech-language pathology assistant shall practice
 5    only  under  the supervision of a speech-language pathologist
 6    who has at least  2  years  experience  in  addition  to  the
 7    supervised  professional experience required under subsection
 8    (f) of Section 8 of the  Illinois  Speech-Language  Pathology
 9    and  Audiology  Practice  Act.  A speech-language pathologist
10    who supervises a  speech-language  pathology  assistant  must
11    have  completed  at  least  10 clock hours of training in the
12    supervision of speech-language  pathology  assistants.    The
13    State  Board  of  Education shall promulgate rules describing
14    the supervision training requirements.  The rules may allow a
15    speech-language pathologist to apply to the  State  Board  of
16    Education  for  an  exemption  from this training requirement
17    based upon prior supervisory experience.
18        (g)  A speech-language pathology assistant must be  under
19    the  direct  supervision  of a speech-language pathologist at
20    least 30% of the speech-language pathology assistant's actual
21    student contact time per student for the  first  90  days  of
22    initial  employment as a speech-language pathology assistant.
23    Thereafter, the speech-language pathology assistant  must  be
24    under the direct supervision of a speech-language pathologist
25    at  least  20%  of  the speech-language pathology assistant's
26    actual student contact time per student.   Supervision  of  a
27    speech-language   pathology   assistant  beyond  the  minimum
28    requirements  of  this  subsection  may  be  imposed  at  the
29    discretion of the supervising speech-language pathologist.  A
30    supervising speech-language pathologist must be available  to
31    communicate   with   a  speech-language  pathology  assistant
32    whenever the assistant is in contact with a student.
33        (h)  A  speech-language  pathologist  that  supervises  a
34    speech-language  pathology  assistant  must  document  direct
 
                            -6-            LRB9203588LBmbam01
 1    supervision   activities.    At   a   minimum,    supervision
 2    documentation  must  provide  (i)  information  regarding the
 3    quality  of   the   speech-language   pathology   assistant's
 4    performance  of  assigned  duties  and (ii) verification that
 5    clinical activity is limited  to  duties  specified  in  this
 6    Section.
 7        (i)  A    full-time   speech-language   pathologist   may
 8    supervise  no   more   than   2   speech-language   pathology
 9    assistants.  A speech-language pathologist that does not work
10    full-time  may  supervise  no  more  than one speech-language
11    pathology assistant.

12        (105 ILCS 5/21-2) (from Ch. 122, par. 21-2)
13        Sec. 21-2.  Grades of certificates.
14        (a)  Until February 15,  2000,  all  certificates  issued
15    under  this Article shall be State certificates valid, except
16    as limited in Section 21-1, in every school  district  coming
17    under the provisions of this Act and shall be limited in time
18    and    designated    as   follows:   Provisional   vocational
19    certificate, temporary  provisional  vocational  certificate,
20    early  childhood  certificate, elementary school certificate,
21    special certificate, high school certificate, school  service
22    personnel     certificate,     administrative    certificate,
23    provisional certificate,  and  substitute  certificate.   The
24    requirement  of  student  teaching  under close and competent
25    supervision for  obtaining  a  teaching  certificate  may  be
26    waived   by   the  State  Teacher  Certification  Board  upon
27    presentation to the Board by the teacher  of  evidence  of  5
28    years  successful  teaching experience on a valid certificate
29    and  graduation  from  a  recognized  institution  of  higher
30    learning with a bachelor's degree  with  not  less  than  120
31    semester  hours  and  a  minimum  of  16  semester  hours  in
32    professional  education.  A  speech-language  pathologist  or
33    audiologist who has met the continuing education requirements
 
                            -7-            LRB9203588LBmbam01
 1    of  the  Illinois  Speech-Language  Pathology  and  Audiology
 2    Practice  Act  and  rules promulgated under that Act shall be
 3    deemed  to  have  satisfied   the   continuing   professional
 4    development  requirements  established  by the State Board of
 5    Education and the Teacher Certification Board  to  obtain  an
 6    Initial Teaching Certificate or to obtain or renew a Standard
 7    Certificate or a Master Certificate.
 8        (b)  Initial  Teaching  Certificate.   Beginning February
 9    15, 2000, persons who (1) have completed an approved  teacher
10    preparation  program,  (2)  are  recommended  by  an approved
11    teacher preparation program, (3) have successfully  completed
12    the  Initial  Teaching Certification examinations required by
13    the State Board of Education, and  (4)  have  met  all  other
14    criteria  established  by  the  State  Board  of Education in
15    consultation with  the  State  Teacher  Certification  Board,
16    shall  be  issued an Initial Teaching Certificate valid for 4
17    years of teaching, as defined in Section 21-14 of this  Code.
18    Initial  Teaching Certificates shall be issued for categories
19    corresponding to Early Childhood, Elementary, Secondary,  and
20    Special  K-12,  with  special  certification designations for
21    Special Education, Bilingual Education, fundamental  learning
22    areas   (including   Language   Arts,  Reading,  Mathematics,
23    Science, Social Science,  Physical  Development  and  Health,
24    Fine  Arts, and Foreign Language), and other areas designated
25    by the State Board of Education,  in  consultation  with  the
26    State Teacher Certification Board.
27        (c)  Standard  Certificate.  Beginning February 15, 2000,
28    persons who (1)  have  completed  4  years  of  teaching,  as
29    defined  in  Section  21-14  of  this  Code,  with an Initial
30    Certificate or an Initial  Alternative  Teaching  Certificate
31    and  have  met  all  other  criteria established by the State
32    Board of Education in consultation  with  the  State  Teacher
33    Certification  Board,  (2) have completed 4 years of teaching
34    on  a  valid  equivalent  certificate  in  another  State  or
 
                            -8-            LRB9203588LBmbam01
 1    territory of the United States, or have completed 4 years  of
 2    teaching  in  a  nonpublic  Illinois  elementary or secondary
 3    school with an Initial Certificate or an Initial  Alternative
 4    Teaching   Certificate,  and  have  met  all  other  criteria
 5    established by the State Board of Education, in  consultation
 6    with  the  State  Teacher  Certification  Board,  or (3) were
 7    issued teaching certificates prior to February 15,  2000  and
 8    are  renewing  those  certificates  after  February 15, 2000,
 9    shall be issued a Standard Certificate  valid  for  5  years,
10    which  may  be  renewed thereafter every 5 years by the State
11    Teacher Certification Board  based  on  proof  of  continuing
12    education  or  professional  development.  Beginning  July 1,
13    2003, persons who have completed  4  years  of  teaching,  as
14    described in clauses (1) and (2) of this subsection (c), have
15    successfully  completed  the  Standard  Teaching  Certificate
16    Examinations,  and have met all other criteria established by
17    the State Board of Education, in consultation with the  State
18    Teacher   Certification   Board,  shall  be  issued  Standard
19    Certificates.  Standard  Certificates  shall  be  issued  for
20    categories  corresponding  to  Early  Childhood,  Elementary,
21    Secondary,  and  Special  K-12,  with  special  certification
22    designations  for  Special  Education,  Bilingual  Education,
23    fundamental learning areas (including Language Arts, Reading,
24    Mathematics,  Science,  Social  Science, Physical Development
25    and Health, Fine Arts, and Foreign Language), and other areas
26    designated by the State Board of Education,  in  consultation
27    with the State Teacher Certification Board.
28        (d)  Master  Certificate.   Beginning  February 15, 2000,
29    persons  who  have  successfully  achieved   National   Board
30    certification  through  the  National  Board for Professional
31    Teaching  Standards  and  speech-language   pathologists   or
32    audiologists   who  have  been  granted  the  Certificate  of
33    Clinical Competence by the American  Speech-Language  Hearing
34    Association  shall  be issued a Master Certificate, valid for
 
                            -9-            LRB9203588LBmbam01
 1    10 years and renewable  thereafter  every  10  years  through
 2    compliance  with requirements set forth by the State Board of
 3    Education,   in   consultation   with   the   State   Teacher
 4    Certification Board. However, each teacher who holds a Master
 5    Certificate shall be eligible for a teaching position in this
 6    State in the areas  for  which  he  or  she  holds  a  Master
 7    Certificate without satisfying any other requirements of this
 8    Code,  except  for  those requirements pertaining to criminal
 9    background checks.  A teacher who holds a Master  Certificate
10    shall   be   deemed   to  meet  State  certification  renewal
11    requirements in the area or areas for which he or she holds a
12    Master Certificate for the  10-year  term  of  the  teacher's
13    Master Certificate.
14    (Source:  P.A.  90-548,  eff.  1-1-98;  90-653, eff. 7-29-98;
15    90-811, eff. 1-26-99;  91-102,  eff.  7-12-99;  91-606,  eff.
16    8-16-99; 91-609, eff. 1-1-00; revised 10-7-99.)

17        (105 ILCS 5/21-14) (from Ch. 122, par. 21-14)
18        Sec. 21-14. Registration and renewal of certificates.
19        (a)  A  limited  four-year  certificate  or a certificate
20    issued  after  July  1,  1955,  shall  be  renewable  at  its
21    expiration  or  within  60  days  thereafter  by  the  county
22    superintendent of schools having supervision and control over
23    the school where  the  teacher  is  teaching  upon  certified
24    evidence  of meeting the requirements for renewal as required
25    by this Act and prescribed by the State Board of Education in
26    consultation with the State Teacher Certification Board.   An
27    elementary  supervisory  certificate  shall not be renewed at
28    the  end  of  the  first  four-year  period  covered  by  the
29    certificate unless the holder  thereof  has  filed  certified
30    evidence  with  the State Teacher Certification Board that he
31    has a master's degree or that he has earned 8 semester  hours
32    of  credit  in  the  field  of educational administration and
33    supervision in a recognized institution of  higher  learning.
 
                            -10-           LRB9203588LBmbam01
 1    The  holder shall continue to earn 8 semester hours of credit
 2    each four-year period until such time  as  he  has  earned  a
 3    master's degree.
 4        All  certificates  not  renewed  or  registered as herein
 5    provided shall lapse after a  period  of  5  years  from  the
 6    expiration   of   the   last   year  of  registration.   Such
 7    certificates may be reinstated for a  one  year  period  upon
 8    payment   of   all   accumulated   registration  fees.   Such
 9    reinstated certificates shall only be renewed: (1) by earning
10    5 semester hours of credit in  a  recognized  institution  of
11    higher  learning in the field of professional education or in
12    courses related to the holder's contractual teaching  duties;
13    or  (2)  by  presenting  evidence  of holding a valid regular
14    certificate of some  other  type.   Any  certificate  may  be
15    voluntarily   surrendered   by  the  certificate  holder.   A
16    voluntarily surrendered certificate shall  be  treated  as  a
17    revoked certificate.
18        (b)  When   those  teaching  certificates  issued  before
19    February 15, 2000  are  renewed  for  the  first  time  after
20    February  15,  2000,  all such teaching certificates shall be
21    exchanged for Standard Teaching Certificates as  provided  in
22    subsection  (c)  of  Section  21-2.  All Initial and Standard
23    Teaching Certificates, including those issued to persons  who
24    previously  held teaching certificates issued before February
25    15, 2000, shall be renewable under the conditions  set  forth
26    in this subsection (b).
27        Initial  Teaching  Certificates  are nonrenewable and are
28    valid  for  4  years  of   teaching.      Standard   Teaching
29    Certificates  are  renewable  every  5  years  as provided in
30    subsection (c) of Section 21-2 and  subsection  (c)  of  this
31    Section.  For purposes of this Section, "teaching" is defined
32    as  employment  and  performance  of  services in an Illinois
33    public or State-operated elementary school, secondary school,
34    or cooperative or joint agreement with a  governing  body  or
 
                            -11-           LRB9203588LBmbam01
 1    board  of  control, in a certificated teaching position, or a
 2    charter school  operating  in  compliance  with  the  Charter
 3    Schools Law.
 4        (c)  In compliance with subsection (c) of Section 21-2 of
 5    this   Code,   which   provides   that  a  Standard  Teaching
 6    Certificate may be renewed by the State Teacher Certification
 7    Board   based   upon   proof   of   continuing   professional
 8    development, the State  Board  of  Education  and  the  State
 9    Teacher Certification Board shall jointly:
10             (1)  establish  a  procedure  for  renewing Standard
11        Teaching Certificates, which shall  include  but  not  be
12        limited  to  annual timelines for the renewal process and
13        the components set forth in subsections (d)  through  (k)
14        of this Section;
15             (2)  establish   the   standards   for   certificate
16        renewal;
17             (3)  approve    the    providers    of    continuing
18        professional development activities;
19             (4)  determine  the maximum credit for each category
20        of continuing professional development activities,  based
21        upon    recommendations   submitted   by   a   continuing
22        professional development activity task force, which shall
23        consist of 6  staff  members  from  the  State  Board  of
24        Education,  appointed  by  the  State  Superintendent  of
25        Education,  and  6 teacher representatives, 3 of whom are
26        selected by the Illinois Education Association and  3  of
27        whom are selected by the Illinois Federation of Teachers;
28             (5)  designate  the type and amount of documentation
29        required to show that continuing professional development
30        activities have been completed; and
31             (6)  provide, on a  timely  basis  to  all  Illinois
32        teachers,  certificate  holders, regional superintendents
33        of schools, school districts, and others with an interest
34        in continuing professional development, information about
 
                            -12-           LRB9203588LBmbam01
 1        the standards and requirements  established  pursuant  to
 2        this subsection (c).
 3        (d)  Any   Standard   Teaching  Certificate  held  by  an
 4    individual employed and performing services  in  an  Illinois
 5    public or State-operated elementary school, secondary school,
 6    or  cooperative  or  joint agreement with a governing body or
 7    board of control in a certificated  teaching  position  or  a
 8    charter  school  in  compliance  with the Charter Schools Law
 9    must be  maintained  Valid  and  Active  through  certificate
10    renewal  activities  specified  in  the  certificate  renewal
11    procedure  established  pursuant  to  subsection  (c) of this
12    Section, provided  that  a  holder  of  a  Valid  and  Active
13    certificate  who is only employed on either a part-time basis
14    or day-to-day basis as a substitute teacher  shall  pay  only
15    the required registration fee to renew his or her certificate
16    and  maintain  it  as  Valid  and Active.  All other Standard
17    Teaching Certificates held may be  maintained  as  Valid  and
18    Exempt  through  the registration process provided for in the
19    certificate  renewal  procedure   established   pursuant   to
20    subsection   (c)   of  this  Section.   A  Valid  and  Exempt
21    certificate must be immediately activated, through procedures
22    developed jointly by the State Board  of  Education  and  the
23    State  Teacher  Certification  Board,  upon  the  certificate
24    holder  becoming  employed  and  performing  services  in  an
25    Illinois   public   or   State-operated   elementary  school,
26    secondary school, or cooperative or joint  agreement  with  a
27    governing body or board of control in a certificated teaching
28    position or a charter school operating in compliance with the
29    Charter  Schools  Law.   A  holder  of  a  Valid  and  Exempt
30    certificate  may  activate  his  or  her  certificate through
31    procedures provided for in the certificate renewal  procedure
32    established pursuant to subsection (c) of this Section.
33        (e)(1)  A  Standard  Teaching  Certificate  that has been
34    maintained as Valid  and  Active  for  the  5  years  of  the
 
                            -13-           LRB9203588LBmbam01
 1    certificate's  validity  shall be renewed as Valid and Active
 2    upon the  certificate  holder:  (i)  completing  at  least  8
 3    semester  hours of coursework as described in subdivision (A)
 4    of paragraph (3) of this  subsection  (e);  (ii)  earning  at
 5    least   24   continuing   education  units  as  described  in
 6    subdivision (B) of paragraph  (3)  of  this  subsection  (e);
 7    (iii) completing the National Board for Professional Teaching
 8    Standards   process   as  described  in  subdivision  (C)  of
 9    paragraph (3) of this subsection (e);  or  (iv)  earning  120
10    continuing   professional   development   units  ("CPDU")  as
11    described  in  subdivision  (D)  of  paragraph  (3)  of  this
12    subsection  (e).    The   maximum   continuing   professional
13    development    units   for   each   continuing   professional
14    development activity identified in subdivisions  (E)  through
15    (I)  of paragraph (3) of this subsection (e) shall be jointly
16    determined by the State Board  of  Education  and  the  State
17    Teacher  Certification  Board.  If,  however, the certificate
18    holder has maintained the certificate as Valid and Exempt for
19    a portion of the 5-year period of  validity,  the  number  of
20    continuing professional development units needed to renew the
21    certificate  as  Valid  and  Active  shall be proportionately
22    reduced by the amount of time the certificate was  Valid  and
23    Exempt.  Furthermore, if a certificate holder is employed and
24    performs teaching services on a part-time basis for all or  a
25    portion  of  the certificate's 5-year period of validity, the
26    number of continuing professional development units needed to
27    renew the certificate as Valid and Active shall be reduced by
28    50% for the amount of time the certificate  holder  has  been
29    employed  and  performed  teaching  services  on  a part-time
30    basis.  Part-time shall be defined as less than  50%  of  the
31    school day or school term.
32        (2)  Each  Valid and Active Standard Teaching Certificate
33    holder  shall  develop  a  certificate   renewal   plan   for
34    satisfying    the    continuing    professional   development
 
                            -14-           LRB9203588LBmbam01
 1    requirement provided for in subsection (c) of Section 21-2 of
 2    this Code.  Certificate holders  with  multiple  certificates
 3    shall  develop a certificate renewal plan that addresses only
 4    that certificate or those certificates that are  required  of
 5    his or her certificated teaching position, if the certificate
 6    holder  is  employed  and  performing services in an Illinois
 7    public or State-operated elementary school, secondary school,
 8    or cooperative or joint agreement with a  governing  body  or
 9    board  of  control, or that certificate or those certificates
10    most closely related to his or her teaching position, if  the
11    certificate  holder  is employed in a charter school.  Except
12    as otherwise provided in this subsection (e),  a  certificate
13    renewal   plan  shall  include  a  minimum  of  3  individual
14    improvement goals developed by  the  certificate  holder  and
15    shall  reflect  purposes  (A),  (B),  and (C) and may reflect
16    purpose  (D)  of  the   following   continuing   professional
17    development purposes:
18             (A)  Advance both the certificate holder's knowledge
19        and  skills  as  a  teacher  consistent with the Illinois
20        Professional Teaching Standards and the Illinois  Content
21        Area  Standards  in  the  certificate  holder's  areas of
22        certification, endorsement,  or  teaching  assignment  in
23        order  to  keep  the  certificate holder current in those
24        areas.
25             (B)  Develop the certificate holder's knowledge  and
26        skills  in  areas  determined  to  be  critical  for  all
27        Illinois  teachers,  as  defined  by  the  State Board of
28        Education, known as "State priorities".
29             (C)  Address the knowledge, skills, and goals of the
30        certificate holder's local school  improvement  plan,  if
31        the   teacher  is  employed  in  an  Illinois  public  or
32        State-operated elementary school,  secondary  school,  or
33        cooperative  or  joint agreement with a governing body or
34        board of control.
 
                            -15-           LRB9203588LBmbam01
 1             (D)  Expand knowledge and skills  in  an  additional
 2        teaching  field  or  toward  the  acquisition  of another
 3        teaching certificate, endorsement, or relevant  education
 4        degree.
 5    A  certificate renewal plan must include a description of how
 6    these goals are to be achieved and an explanation of selected
 7    continuing  professional   development   activities   to   be
 8    completed,  each  of  which  must  meet  one  or  more of the
 9    continuing professional  development  purposes  specified  in
10    this  paragraph  (2).   The  plan  shall  identify  potential
11    activities   and   include   projected  timelines  for  those
12    activities that will assure completion of the plan before the
13    expiration of the 5-year validity of  the  Standard  Teaching
14    Certificate.  Except as otherwise provided in this subsection
15    (e),  at  least  50%  of  continuing professional development
16    units must relate to purposes (A) and (B) set forth  in  this
17    paragraph  (2):  the  advancement  of  a certificate holder's
18    knowledge  and  skills  as  a  teacher  consistent  with  the
19    Illinois Professional Teaching  Standards  and  the  Illinois
20    Content  Area  Standards in the certificate holder's areas of
21    certification, endorsement, or teaching assignment  in  order
22    to keep the certificate holder current in those areas and the
23    development of a certificate holder's knowledge and skills in
24    the  State  priorities that exist at the time the certificate
25    renewal plan is developed.
26        (3)  Continuing   professional   development   activities
27    included in a certificate renewal plan may include,  but  are
28    not limited to, the following activities:
29             (A)  at  least  8 semester hours of coursework in an
30        approved education-related program, of which at  least  2
31        semester  hours  relate  to  the  continuing professional
32        development purpose set forth in purpose (A) of paragraph
33        (2) of this subsection (e), provided  that  such  a  plan
34        need   not  include  any  other  continuing  professional
 
                            -16-           LRB9203588LBmbam01
 1        development activities nor reflect or contain  activities
 2        related  to the other continuing professional development
 3        purposes set forth in paragraph (2)  of  this  subsection
 4        (e);
 5             (B)  continuing  education  units  that  satisfy the
 6        continuing professional development purposes set forth in
 7        paragraph  (2)  of  this  subsection   (e),   with   each
 8        continuing   education  unit  equal  to  5  clock  hours,
 9        provided that a plan that includes at least 24 continuing
10        education units (or 120  clock/contact  hours)  need  not
11        include  any  other  continuing  professional development
12        activities;
13             (C)  completion   of   the   National    Board    of
14        Professional   Teaching   Standards   ("NBPTS")  process,
15        provided that a plan  that  includes  completion  of  the
16        NBPTS  process  need  not  include  any  other continuing
17        professional  development  activities  nor   reflect   or
18        contain activities related to the continuing professional
19        development  purposes  set  forth  in  paragraph  (2)  of
20        subsection (e) of this Section;
21             (D)  completion   of   120  continuing  professional
22        development   units   that   satisfy    the    continuing
23        professional  development purposes set forth in paragraph
24        (2) of  this  subsection  (e)  and  may  include  without
25        limitation  the activities identified in subdivisions (E)
26        through (I) of this paragraph (3);
27             (E)  collaboration   and   partnership    activities
28        related  to  improving the teacher's knowledge and skills
29        as a teacher, including the following:
30                  (i)  participating  on  collaborative  planning
31             and professional improvement teams and committees;
32                  (ii)  peer review and coaching;
33                  (iii)  mentoring in a formal mentoring program,
34             including   service   as   a   consulting    teacher
 
                            -17-           LRB9203588LBmbam01
 1             participating  in  a  remediation process formulated
 2             under Section 24A-5 of this Code;
 3                  (iv)  participating in site-based management or
 4             decision making teams, relevant committees,  boards,
 5             or   task   forces   directly   related   to  school
 6             improvement plans;
 7                  (v)  coordinating   community   resources    in
 8             schools,  if  the  project is a specific goal of the
 9             school improvement plan;
10                  (vi)  facilitating  parent  education  programs
11             for a school, school district, or regional office of
12             education directly related to student achievement or
13             school improvement plans;
14                  (vii)  participating in  business,  school,  or
15             community  partnerships  directly related to student
16             achievement or school improvement plans;
17                  (viii)  supervising  a   student   teacher   or
18             teacher education candidate in clinical supervision,
19             provided  that  the  supervision may only be counted
20             once during the course of 5 years;
21             (F)  college or  university  coursework  related  to
22        improving the teacher's knowledge and skills as a teacher
23        as follows:
24                  (i)  completing   undergraduate   or   graduate
25             credit   earned   from   a   regionally   accredited
26             institution    in   coursework   relevant   to   the
27             certificate  area  being   renewed,   provided   the
28             coursework   meets  Illinois  Professional  Teaching
29             Standards or Illinois  Content  Area  Standards  and
30             supports  the  essential  characteristics of quality
31             professional development; or
32                  (ii)  teaching college or university courses in
33             areas  relevant  to  the  certificate   area   being
34             renewed,  provided  that  the  teaching  may only be
 
                            -18-           LRB9203588LBmbam01
 1             counted once during the course of 5 years;
 2             (G)  conferences, workshops,  institutes,  seminars,
 3        and   symposiums   related  to  improving  the  teacher's
 4        knowledge  and  skills  as  a  teacher,   including   the
 5        following:
 6                  (i)  completing  non-university credit directly
 7             related to student achievement,  school  improvement
 8             plans, or State priorities;
 9                  (ii)  participating   in   or   presenting   at
10             workshops,  seminars,  conferences,  institutes, and
11             symposiums;
12                  (iii)  training  as  external   reviewers   for
13             Quality Assurance;
14                  (iv)  training   as   reviewers  of  university
15             teacher preparation programs;
16             (H)  other  educational   experiences   related   to
17        improving   the  teacher's  knowledge  and  skills  as  a
18        teacher, including the following:
19                  (i)  participating  in  action   research   and
20             inquiry projects;
21                  (ii)  observing   programs   or   teaching   in
22             schools,  related  businesses,  or  industry that is
23             systematic, purposeful, and relevant to  certificate
24             renewal;
25                  (iii)  traveling   related   to  ones  teaching
26             assignment, directly related to student  achievement
27             or school improvement plans and approved at least 30
28             days  prior  to the travel experience, provided that
29             the traveling shall not include time spent commuting
30             to destinations where the learning  experience  will
31             occur;
32                  (iv)  participating  in study groups related to
33             student achievement or school improvement plans;
34                  (v)  serving on a  statewide  education-related
 
                            -19-           LRB9203588LBmbam01
 1             committee,  including  but  not limited to the State
 2             Teacher  Certification   Board,   State   Board   of
 3             Education  strategic  agenda  teams,  or  the  State
 4             Advisory  Council  on  Education  of  Children  with
 5             Disabilities;
 6                  (vi)  participating  in  work/learn programs or
 7             internships; or
 8             (I)  professional leadership experiences related  to
 9        improving   the  teacher's  knowledge  and  skills  as  a
10        teacher, including the following:
11                  (i)  participating in curriculum development or
12             assessment  activities   at   the   school,   school
13             district,  regional  office  of education, State, or
14             national level;
15                  (ii)  participating  in  team   or   department
16             leadership in a school or school district;
17                  (iii)  participating  on  external  or internal
18             school or school district review teams;
19                  (iv)  publishing educational articles, columns,
20             or books relevant  to  the  certificate  area  being
21             renewed; or
22                  (v)  participating    in   non-strike   related
23             professional  association  or   labor   organization
24             service   or   activities  related  to  professional
25             development; or.
26             (J)    for    speech-language    pathologists    and
27        audiologists,  completion  of  any  continuing  education
28        activities  approved  by  the  American   Speech-Language
29        Hearing Association.
30        (4)  A   certificate   renewal  plan  must  initially  be
31    approved  by  the  certificate  holder's  local  professional
32    development committee, as provided for in subsection  (f)  of
33    this   Section.    If   the  local  professional  development
34    committee does not approve the certificate renewal plan,  the
 
                            -20-           LRB9203588LBmbam01
 1    certificate  holder  may  appeal  that  determination  to the
 2    regional  professional  development  review   committee,   as
 3    provided  for  in  paragraph  (2)  of  subsection (g) of this
 4    Section.  If the  regional  professional  development  review
 5    committee  disagrees  with the local professional development
 6    committee's determination, the certificate renewal plan shall
 7    be deemed approved  and  the  certificate  holder  may  begin
 8    satisfying the continuing professional development activities
 9    set   forth  in  the  plan.   If  the  regional  professional
10    development  review   committee   agrees   with   the   local
11    professional   development   committee's  determination,  the
12    certificate renewal plan  shall  be  deemed  disapproved  and
13    shall  be  returned  to  the  certificate holder to develop a
14    revised certificate renewal plan.  In all cases, the regional
15    professional development review committee  shall  immediately
16    notify  both the local professional development committee and
17    the certificate holder of its determination.
18        (5)  A  certificate  holder  who  wishes  to  modify  the
19    continuing professional development activities  or  goals  in
20    his  or her certificate renewal plan must submit the proposed
21    modifications to his or her  local  professional  development
22    committee  for  approval  prior  to  engaging in the proposed
23    activities.  If the local professional development  committee
24    does  not  approve the proposed modification, the certificate
25    holder  may  appeal  that  determination  to   the   regional
26    professional  development  review  committee, as set forth in
27    paragraph (4) of this subsection (e).
28        (6)  When a certificate  holder  changes  assignments  or
29    school   districts   during   the   course  of  completing  a
30    certificate renewal plan, the  professional  development  and
31    continuing education credit earned pursuant to the plan shall
32    transfer  to  the new assignment or school district and count
33    toward the total requirements.  This certificate renewal plan
34    must  be  reviewed  by  the  appropriate  local  professional
 
                            -21-           LRB9203588LBmbam01
 1    development committee and may  be  modified  to  reflect  the
 2    certificate  holder's  new  work  assignment  or  the  school
 3    improvement  plan  of  the  new  school  district  or  school
 4    building.
 5        (f)  Notwithstanding  any  other provisions of this Code,
 6    each school district,  charter  school,  and  cooperative  or
 7    joint  agreement  with  a  governing body or board of control
 8    that  employs  certificated  staff,   shall   establish   and
 9    implement,  in conjunction with its exclusive representative,
10    if  any,  one  or   more   local   professional   development
11    committees,  as set forth in this subsection (f), which shall
12    perform the following functions:
13             (1)  review and approve  certificate  renewal  plans
14        and  any  modifications  made  to  these plans, including
15        transferred plans;
16             (2)  maintain a file of approved certificate renewal
17        plans;
18             (3)  monitor  certificate   holders'   progress   in
19        completing approved certificate renewal plans;
20             (4)  assist   in  the  development  of  professional
21        development  plans  based  upon   needs   identified   in
22        certificate renewal plans;
23             (5)  determine  whether certificate holders have met
24        the requirements of their certificate renewal  plans  and
25        notify certificate holders of its determination;
26             (6)  provide   a   certificate   holder   with   the
27        opportunity   to   address  the  committee  when  it  has
28        determined that the certificate holder has  not  met  the
29        requirements of his or her certificate renewal plan;
30             (7)  issue  and  forward recommendations for renewal
31        or nonrenewal of certificate holders'  Standard  Teaching
32        Certificates  to  the appropriate regional superintendent
33        of schools, based upon whether certificate  holders  have
34        met   the  requirements  of  their  approved  certificate
 
                            -22-           LRB9203588LBmbam01
 1        renewal  plans,  with  30-day  written  notice   of   its
 2        recommendation  provided  to the certificate holder prior
 3        to  forwarding  the  recommendation   to   the   regional
 4        superintendent  of  schools,  provided  that if the local
 5        professional development  committee's  recommendation  is
 6        for  certificate  nonrenewal, the written notice provided
 7        to the certificate holder shall include a return receipt;
 8        and
 9             (8)  reconsider its  recommendation  of  certificate
10        nonrenewal, upon request of the certificate holder within
11        30 days of receipt of written notification that the local
12        professional  development  committee  will  make  such  a
13        recommendation,    and    forward    to    the   regional
14        superintendent of schools its  recommendation  within  30
15        days of receipt of the certificate holder's request.
16        Each   local  professional  development  committee  shall
17    consist of at least 3 classroom teachers; one  superintendent
18    or  chief  administrator  of  the  school  district,  charter
19    school,  or  cooperative  or  joint  agreement  or his or her
20    designee; and one at-large member who shall be either  (i)  a
21    parent,  (ii)  a  member  of  the business community, (iii) a
22    community member, or (iv) an administrator,  with  preference
23    given to an individual chosen from among those persons listed
24    in   items   (i),   (ii),   and  (iii)  in  order  to  secure
25    representation of an interest not already represented on  the
26    committee.   If  mutually agreed upon by the school district,
27    charter school, or governing body or board of  control  of  a
28    cooperative    or   joint   agreement   and   its   exclusive
29    representative, if any, additional members may be added to  a
30    local  professional  development  committee,  provided that a
31    majority of  members  are  classroom  teachers.   The  school
32    district,  charter  school,  or  governing  body  or board of
33    control of a cooperative or joint agreement and its exclusive
34    representative, if any, shall determine the term  of  service
 
                            -23-           LRB9203588LBmbam01
 1    of the members of a local professional development committee.
 2    All  individuals  selected  to  serve  on  local professional
 3    development committees must be known to demonstrate the  best
 4    practices in teaching or their respective field of practice.
 5        The  exclusive  representative,  if any, shall select the
 6    classroom  teacher  members   of   the   local   professional
 7    development   committee.    If  no  exclusive  representative
 8    exists,  then  the  classroom  teacher  members  of  a  local
 9    professional development committee shall be selected  by  the
10    classroom  teachers  that  come within the local professional
11    development  committee's  authority.   The  school  district,
12    charter school, or governing body or board of  control  of  a
13    cooperative   or   joint   agreement   shall   select  the  2
14    non-classroom teacher members (the  superintendent  or  chief
15    administrator  of  the  school  district,  charter school, or
16    cooperative or joint agreement or his or her designee and the
17    at-large  member)  of  a   local   professional   development
18    committee.   Vacancies  in  positions on a local professional
19    development committee shall be filled in the same  manner  as
20    the original selections.  The members of a local professional
21    development  committee  shall  select  a  chairperson.  Local
22    professional  development   committee   meetings   shall   be
23    scheduled  so  as  not  to  interfere with committee members'
24    regularly scheduled teaching duties,  except  when  otherwise
25    permitted  by the policies of or agreed to or approved by the
26    school district, charter school, or governing body  or  board
27    of  control  of  a  cooperative  or  joint  agreement, or its
28    designee.
29        The board of education or governing board  shall  convene
30    the  first  meeting  of  the  local  professional development
31    committee.  All  actions  taken  by  the  local  professional
32    development  committee  shall  require  that  a  majority  of
33    committee  members be present, and no committee action may be
34    taken unless  50%  or  more  of  those  present  are  teacher
 
                            -24-           LRB9203588LBmbam01
 1    members.
 2        The  State  Board  of  Education  and  the  State Teacher
 3    Certification Board shall jointly provide local  professional
 4    development committee members with a training manual, and the
 5    members  shall  certify  that they have received and read the
 6    manual.
 7        Notwithstanding any other provisions of  this  subsection
 8    (f),  for  a  teacher  employed  and performing services in a
 9    nonpublic or State-operated elementary or  secondary  school,
10    all  references to a local professional development committee
11    shall mean the regional  superintendent  of  schools  of  the
12    regional  office  of  education for the geographic area where
13    the teaching is done.
14        (g)(1)  Each regional  superintendent  of  schools  shall
15    review  and  concur or nonconcur with each recommendation for
16    renewal or nonrenewal of a Standard Teaching  Certificate  he
17    or   she  receives  from  a  local  professional  development
18    committee  or,  if   a   certificate   holder   appeals   the
19    recommendation   to  the  regional  professional  development
20    review  committee,  the   recommendation   for   renewal   or
21    nonrenewal  he  or  she receives from a regional professional
22    development review committee and, within 14 days  of  receipt
23    of  the  recommendation,  shall  provide  the  State  Teacher
24    Certification  Board  with  verification of the following, if
25    applicable:
26             (A)  a  certificate  renewal  plan  was  filed   and
27        approved    by   the   appropriate   local   professional
28        development committee;
29             (B)  the  professional  development  and  continuing
30        education  activities   set   forth   in   the   approved
31        certificate   renewal   plan   have  been  satisfactorily
32        completed;
33             (C)  the local  professional  development  committee
34        has  recommended  the renewal of the certificate holder's
 
                            -25-           LRB9203588LBmbam01
 1        Standard   Teaching   Certificate   and   forwarded   the
 2        recommendation, along with all  supporting  documentation
 3        as  jointly  required by the State Board of Education and
 4        the State Teacher Certification Board,  to  the  regional
 5        superintendent of schools;
 6             (D)  the  certificate holder has appealed his or her
 7        local professional development committee's recommendation
 8        of nonrenewal to the  regional  professional  development
 9        review committee and the result of that appeal;
10             (E)  the  regional  superintendent  of  schools  has
11        concurred  or  nonconcurred  with  the local professional
12        development   committee's   or   regional    professional
13        development review committee's recommendation to renew or
14        nonrenew   the  certificate  holder's  Standard  Teaching
15        Certificate and made a recommendation to that effect; and
16             (F)  the  established  registration  fee   for   the
17        Standard Teaching Certificate has been paid.
18    At  the  same  time  the  regional  superintendent of schools
19    provides the  State  Teacher  Certification  Board  with  the
20    notice  required by this subsection (g), he or she shall also
21    notify the certificate holder in writing that this notice has
22    been provided  to  the  State  Teacher  Certification  Board,
23    provided   that  if  the  notice  provided  by  the  regional
24    superintendent of schools to the State Teacher  Certification
25    Board  includes  a  recommendation of certificate nonrenewal,
26    the written notice provided to the certificate  holder  shall
27    be by certified mail, return receipt requested.
28        (2)  Each  certificate  holder  shall  have  the right to
29    appeal his or her local professional development  committee's
30    recommendation  of  nonrenewal  to  the regional professional
31    development review committee, within 14 days  of  receipt  of
32    notice  that the recommendation has been sent to the regional
33    superintendent of schools.  Each regional  superintendent  of
34    schools  shall  establish a regional professional development
 
                            -26-           LRB9203588LBmbam01
 1    review committee or committees for the  purpose  of  advising
 2    the  regional  superintendent  of  schools, upon request, and
 3    handling certificate holder appeals.   This  committee  shall
 4    consist    of    at   least   4   classroom   teachers,   one
 5    non-administrative  certificated  educational   employee,   2
 6    administrators,  and  one at-large member who shall be either
 7    (i) a parent, (ii) a member of the business community,  (iii)
 8    a community member, or (iv) an administrator, with preference
 9    given to an individual chosen from among those persons listed
10    in   items   (i),   (ii),   and  (iii)  in  order  to  secure
11    representation of an interest not already represented on  the
12    committee.   The  teacher and non-administrative certificated
13    educational employee members of the review committee shall be
14    selected by their exclusive representative, if any,  and  the
15    administrators  and  at-large member shall be selected by the
16    regional   superintendent    of    schools.     A    regional
17    superintendent  of  schools may add additional members to the
18    committee, provided that the same proportion of  teachers  to
19    administrators  and  at-large  members  on  the  committee is
20    maintained.  Any additional  teacher  and  non-administrative
21    certificated  educational  employee members shall be selected
22    by their exclusive  representative,  if  any.   Vacancies  in
23    positions  on  a  regional  professional  development  review
24    committee  shall be filled in the same manner as the original
25    selections.  Committee members shall serve  staggered  3-year
26    terms.    All  individuals  selected  to  serve  on  regional
27    professional development review committees must be  known  to
28    demonstrate   the   best   practices  in  teaching  or  their
29    respective field of practice.
30        The exclusive representative responsible for choosing the
31    individuals that serve on a regional professional development
32    review committee shall notify each school  district,  charter
33    school,   or   governing  body  or  board  of  control  of  a
34    cooperative or  joint  agreement  employing  the  individuals
 
                            -27-           LRB9203588LBmbam01
 1    chosen  to  serve  and provide their names to the appropriate
 2    regional superintendent of  schools.   Regional  professional
 3    development  review  committee meetings shall be scheduled so
 4    as not to interfere with  the  committee  members'  regularly
 5    scheduled teaching duties, except when otherwise permitted by
 6    the  policies  of  or  agreed  to  or  approved by the school
 7    district, charter school,  or  governing  body  or  board  of
 8    control of a cooperative or joint agreement, or its designee,
 9    provided   that  the  school  district,  charter  school,  or
10    governing body or board of  control  shall  not  unreasonably
11    withhold permission for a committee member to attend regional
12    professional development review committee meetings.
13        In a city having a population exceeding 500,000 that does
14    not have a regional office of education, one or more separate
15    regional  professional development review committees shall be
16    established as mutually agreed upon by the board of education
17    of the school district organized under  Article  34  of  this
18    Code  and  the  exclusive representative.  The composition of
19    each  committee  shall  be  the  same  as  for   a   regional
20    professional   development   review  committee,  except  that
21    members of the committee shall be jointly  appointed  by  the
22    board  of  education  and  the  exclusive representative. All
23    other  provisions  of  this   Section   concerning   regional
24    professional  development  review  committees  shall apply to
25    these committees.
26        The regional professional  development  review  committee
27    may  require  information in addition to that received from a
28    certificate holder's local professional development committee
29    or request that the  certificate  holder  appear  before  it,
30    shall  either  concur  or nonconcur with a local professional
31    development committee's  recommendation  of  nonrenewal,  and
32    shall  forward  to the regional superintendent of schools its
33    recommendation of renewal or nonrenewal.  All  actions  taken
34    by  the  regional  professional  development review committee
 
                            -28-           LRB9203588LBmbam01
 1    shall require a quorum and be by a simple majority  of  those
 2    present  and  voting.    A  record  of  all  votes  shall  be
 3    maintained.  The committee shall have 45 days from receipt of
 4    a  certificate  holder's appeal to make its recommendation to
 5    the regional superintendent of schools.
 6        The State  Board  of  Education  and  the  State  Teacher
 7    Certification    Board   shall   jointly   provide   regional
 8    professional development  review  committee  members  with  a
 9    training  manual, and the members shall be required to attend
10    one training seminar sponsored jointly by the State Board  of
11    Education and the State Teacher Certification Board.
12        (h)(1)  The   State  Teacher  Certification  Board  shall
13    review    the    regional    superintendent    of    schools'
14    recommendations  to  renew  or  nonrenew  Standard   Teaching
15    Certificates   and  notify  certificate  holders  in  writing
16    whether their certificates have been  renewed  or  nonrenewed
17    within  90  days  of receipt of the recommendations, unless a
18    certificate holder has appealed a regional superintendent  of
19    schools'   recommendation   of  nonrenewal,  as  provided  in
20    paragraph (2) of this  subsection  (h).   The  State  Teacher
21    Certification  Board shall verify that the certificate holder
22    has met the renewal criteria set forth in  paragraph  (1)  of
23    subsection (g) of this Section.
24        (2)  Each  certificate  holder  shall  have  the right to
25    appeal a regional superintendent of  school's  recommendation
26    to  nonrenew  his or her Standard Teaching Certificate to the
27    State Teacher Certification Board, within 14 days of  receipt
28    of  notice  that  the  decision  has  been  sent to the State
29    Teacher Certification  Board,  which  shall  hold  an  appeal
30    hearing  within  60 days of receipt of the appeal.  When such
31    an  appeal  is  taken,  the  certificate  holder's   Standard
32    Teaching  Certificate  shall  continue  to be valid until the
33    appeal   is   finally   determined.    The   State    Teacher
34    Certification  Board shall review the regional superintendent
 
                            -29-           LRB9203588LBmbam01
 1    of  school's  recommendation,   the   regional   professional
 2    development  review  committee's  recommendation, if any, and
 3    the local professional development committee's recommendation
 4    and  all  relevant  documentation  to  verify   whether   the
 5    certificate  holder has met the renewal criteria set forth in
 6    paragraph (1) of subsection (g) of this Section.   The  State
 7    Teacher  Certification Board may request that the certificate
 8    holder appear before it.  All  actions  taken  by  the  State
 9    Teacher  Certification Board shall require a quorum and be by
10    a simple majority of those present and voting.  A  record  of
11    all   votes   shall   be   maintained.    The  State  Teacher
12    Certification Board shall notify the  certificate  holder  in
13    writing,  within 7 days of completing the review, whether his
14    or her Standard Teaching  Certificate  has  been  renewed  or
15    nonrenewed,  provided that if the State Teacher Certification
16    Board determines  to  nonrenew  a  certificate,  the  written
17    notice  provided  to  the  certificate  holder  shall  be  by
18    certified  mail,  return  receipt requested.  All certificate
19    renewal  or  nonrenewal  decisions  of  the   State   Teacher
20    Certification  Board  are final and subject to administrative
21    review, as set forth in Section 21-24 of this Code.
22        (i)  Holders of Master Teaching Certificates  shall  meet
23    the  same  requirements  and  follow  the  same procedures as
24    holders of Standard Teaching Certificates, except that  their
25    renewal  cycle  shall  be  as  set forth in subsection (d) of
26    Section 21-2 of this Code.
27        (j)  Holders of Valid  and  Exempt  Standard  and  Master
28    Teaching  Certificates  who  are  not employed and performing
29    services in an Illinois public or  State-operated  elementary
30    school,  secondary  school, or cooperative or joint agreement
31    with a governing body or board of control, in a  certificated
32    teaching    position,    may   voluntarily   activate   their
33    certificates  by  developing  and  submitting  a  certificate
34    renewal plan to the regional superintendent of schools of the
 
                            -30-           LRB9203588LBmbam01
 1    regional office of education for the  geographic  area  where
 2    their teaching is done, who, or whose designee, shall approve
 3    the   plan  and  serve  as  the  certificate  holder's  local
 4    professional  development   committee.    These   certificate
 5    holders shall follow the same renewal criteria and procedures
 6    as   all  other  Standard  and  Master  Teaching  Certificate
 7    holders,   except   that   their   continuing    professional
 8    development plans shall not be required to reflect or address
 9    the   knowledge,   skills,   and  goals  of  a  local  school
10    improvement plan.
11        (k)  Each school district, charter school, or cooperative
12    or joint agreement shall be paid an annual amount of not less
13    than $1,000, as determined by a formula based on  the  number
14    of Standard Teaching and Master Teaching Certificate holders,
15    subject  to  renewal  and  established by rule, not to exceed
16    $1,000,000  annually  for  all  school   districts,   charter
17    schools,   and   cooperatives   or   joint   agreements,  for
18    administrative costs associated with conducting the  meetings
19    of   the  local  professional  development  committee.   Each
20    regional office of education shall receive $2,000 annually to
21    pay school districts, charter  schools,  or  cooperatives  or
22    joint  agreements  for costs, as defined by rule, incurred in
23    staff attendance at regional professional development  review
24    committee  meetings  and  the training seminar required under
25    paragraph (2) of subsection (g) of this Section.
26        (l)  The State Board of Education and the  State  Teacher
27    Certification   Board   shall   jointly   contract   with  an
28    independent party to conduct a  comprehensive  evaluation  of
29    the certificate renewal system pursuant to this Section.  The
30    first  report  of  this  evaluation shall be presented to the
31    General Assembly on January 1, 2005 and on January 1 of every
32    third year thereafter.
33    (Source: P.A. 90-548,  eff.  1-1-98;  90-653,  eff.  7-29-98;
34    90-811, eff. 1-26-99; 91-102, eff. 7-12-99.)
 
                            -31-           LRB9203588LBmbam01
 1        Section   10.  The Illinois Speech-Language Pathology and
 2    Audiology Practice Act is amended  by  changing  Sections  3,
 3    3.5,  7,  8,  10, 11, 13, 16, 16.5, 18, 26, 27, 28, 29, 29.5,
 4    and 31a and adding Sections 8.5, 8.6, 8.7 and 8.8 as follows:

 5        (225 ILCS 110/3) (from Ch. 111, par. 7903)
 6        Sec. 3.  Definitions.  The following  words  and  phrases
 7    shall  have  the  meaning  ascribed  to  them in this Section
 8    unless the context clearly indicates otherwise:
 9        (a)  "Department" means the  Department  of  Professional
10    Regulation.
11        (b)  "Director"   means   the  Director  of  Professional
12    Regulation.
13        (c)  "Board" means the Board of Speech-Language Pathology
14    and Audiology established under Section 5 of this Act.
15        (d)  "Speech-Language Pathologist" means a person who has
16    received a license pursuant to this Act and  who  engages  in
17    the practice of speech-language pathology.
18        (e)  "Audiologist"  means  a  person  who  has received a
19    license pursuant to this Act and who engages in the  practice
20    of audiology.
21        (f)  "Public  member"  means a person who is not a health
22    professional.  For purposes of board membership,  any  person
23    with  a significant financial interest in a health service or
24    profession is not a public member.
25        (g)  "The practice of audiology" is  the  application  of
26    nonmedical  methods  and  procedures  for the identification,
27    measurement, testing,  appraisal,  prediction,  habilitation,
28    rehabilitation,   or   instruction  related  to  hearing  and
29    disorders of hearing.  These procedures are for  the  purpose
30    of counseling, consulting and rendering or offering to render
31    services  or  for participating in the planning, directing or
32    conducting  of  programs  that   are   designed   to   modify
33    communicative   disorders   involving   speech,  language  or
 
                            -32-           LRB9203588LBmbam01
 1    auditory function related to hearing loss.  The  practice  of
 2    audiology  may  include,  but  shall  not  be limited to, the
 3    following:
 4             (1)  any task, procedure, act, or practice  that  is
 5        necessary  for  the  evaluation  of hearing or vestibular
 6        function;
 7             (2)  training in the use of amplification, including
 8        hearing aids;
 9             (3)  performing basic speech and language  screening
10        tests and procedures consistent with audiology training.
11        (h)  "The  practice  of speech-language pathology" is the
12    application of nonmedical  methods  and  procedures  for  the
13    identification,  measurement, testing, appraisal, prediction,
14    habilitation, rehabilitation,  and  modification  related  to
15    communication  development,  and disorders or disabilities of
16    speech,  language,  voice,  swallowing,  and  other   speech,
17    language  and  voice related disorders.  These procedures are
18    for the purpose of counseling, consulting  and  rendering  or
19    offering  to  render  services,  or  for participating in the
20    planning,  directing  or  conducting  of  programs  that  are
21    designed to modify communicative disorders and conditions  in
22    individuals   or  groups  of  individuals  involving  speech,
23    language, voice and swallowing function.
24        "The  practice  of   speech-language   pathology"   shall
25    include, but shall not be limited to, the following:
26             (1)  hearing     screening     tests    and    aural
27        rehabilitation procedures consistent with speech-language
28        pathology training;
29             (2)  tasks, procedures, acts or practices  that  are
30        necessary  for the evaluation of, and training in the use
31        of,  augmentative  communication  systems,  communication
32        variation, cognitive rehabilitation, non-spoken  language
33        production and comprehension.
34        (i)  "Speech-language pathology assistant" means a person
 
                            -33-           LRB9203588LBmbam01
 1    who  has  received a license pursuant to this Act to assist a
 2    speech-language pathologist in the manner  provided  in  this
 3    Act.
 4    (Source: P.A. 90-69, eff. 7-8-97.)

 5        (225 ILCS 110/3.5)
 6        Sec. 3.5. Exemptions. This Act does not prohibit:
 7             (a)  The  practice  of  speech-language pathology or
 8        audiology  by  students  in  their  course  of  study  in
 9        programs approved by the Department when acting under the
10        direction and  supervision  of  licensed  speech-language
11        pathologists or audiologists.
12             (b)  The    performance   of   any   speech-language
13        pathology  service   by   a   speech-language   pathology
14        assistant an appropriately trained person if such service
15        is    performed    under   the   supervision   and   full
16        responsibility of a licensed speech-language pathologist.
17        A speech language pathology assistant  may  perform  only
18        those   duties   authorized  by  Section  8.7  under  the
19        supervision of a speech-language pathologist as  provided
20        in Section 8.8.
21             (b-5)  The performance of an audiology service by an
22        appropriately trained person if that service is performed
23        under  the  supervision  and  full  responsibility  of  a
24        licensed audiologist.
25             (c)  The  performance of audiometric testing for the
26        purpose  of  industrial  hearing   conservation   by   an
27        audiometric   technician  certified  by  the  Council  of
28        Accreditation  for  Occupational   Hearing   Conservation
29        (CAOHC).
30             (d)  The  performance of an audiometric screening by
31        an audiometric screenings  technician  certified  by  the
32        Department of Public Health.
33             (e)  The selling or practice of fitting, dispensing,
 
                            -34-           LRB9203588LBmbam01
 1        or  servicing hearing instruments by a hearing instrument
 2        dispenser licensed under the Hearing Instrument  Consumer
 3        Protection Act.
 4             (f)  A person licensed in this State under any other
 5        Act  from engaging in the practice for which he or she is
 6        licensed.
 7             (g)  The performance of vestibular function  testing
 8        by  an appropriately trained person under the supervision
 9        of a physician licensed to practice medicine in  all  its
10        branches.
11    (Source: P.A. 90-69, eff. 7-8-97.)

12        (225 ILCS 110/7) (from Ch. 111, par. 7907)
13        Sec.  7. Licensure requirement. On or after June 1, 1989,
14    no  person  shall  practice  speech-language   pathology   or
15    audiology  without first applying for and obtaining a license
16    for such purpose from the Department. Except as  provided  in
17    this  Section,  on  or after January 1, 2002, no person shall
18    perform  the  functions  and  duties  of  a   speech-language
19    pathology  assistant without first applying for and obtaining
20    a license for  that  purpose  from  the  Department.   Before
21    January  1,  2004,  however,  any person holding a bachelor's
22    degree in communication disorders may perform  the  functions
23    and  duties  of a speech-language pathology assistant without
24    obtaining a license.
25    (Source: P.A. 90-69, eff. 7-8-97.)

26        (225 ILCS 110/8) (from Ch. 111, par. 7908)
27        Sec.  8.   Qualifications  for   licenses   to   practice
28    speech-language  pathology or audiology. The Department shall
29    require  that  each  applicant  for  a  license  to  practice
30    speech-language pathology or audiology shall:
31             (a)  (Blank);
32             (b)  be at least 21 years of age;
 
                            -35-           LRB9203588LBmbam01
 1             (c)  not have violated any provisions of Section  16
 2        of this Act;
 3             (d)  present  satisfactory  evidence  of receiving a
 4        master's degree in speech-language pathology or audiology
 5        from a program approved by the  Department.   Nothing  in
 6        this  Act  shall be construed to prevent any program from
 7        establishing higher standards than specified in this Act;
 8             (e)  pass   an   examination   authorized   by   the
 9        Department in the theory and practice of the  profession,
10        provided  that the Department may recognize a certificate
11        granted   by   the    American    Speech-Language-Hearing
12        Association in lieu of such examination; and
13             (f)  have  completed  the  equivalent of 9 months of
14        full-time, supervised professional experience.
15        Applicants have 3 years from the date of  application  to
16    complete the application process. If the process has not been
17    completed  within  3  years, the application shall be denied,
18    the fee shall be forfeited, and the  applicant  must  reapply
19    and   meet   the  requirements  in  effect  at  the  time  of
20    reapplication.
21    (Source: P.A. 89-387, eff. 8-20-95; 90-69, eff. 7-8-97.)

22        (225 ILCS 110/8.5 new)
23        Sec.   8.5.    Qualifications   for   licenses    as    a
24    speech-language  pathology  assistant.  A person is qualified
25    to be licensed as a speech-language  pathology  assistant  if
26    that person has applied in writing on forms prescribed by the
27    Department, has paid the required fees, and meets both of the
28    following criteria:
29             (1)  Is  of  good  moral  character.  In determining
30        moral   character,   the   Department   may   take   into
31        consideration any felony conviction of the applicant, but
32        such a conviction shall not operate  automatically  as  a
33        complete bar to licensure.
 
                            -36-           LRB9203588LBmbam01
 1             (2)  Has   received   an  associate  degree  from  a
 2        speech-language pathology assistant program that has been
 3        approved by the Department and  that  meets  the  minimum
 4        requirements set forth in Section 8.6.

 5        (225 ILCS 110/8.6 new)
 6        Sec.   8.6.   Minimum  Requirements  for  Speech-language
 7    pathology assistant programs.
 8        (a)  An applicant  for  licensure  as  a  speech-language
 9    pathology assistant must have earned 60 semester credit hours
10    in a program of study that includes general education and the
11    specific knowledge and skills for a speech-language pathology
12    assistant.   The  curriculum  of  a speech-language pathology
13    assistant program must include all of the following  content,
14    as further provided by rule promulgated by the Department:
15             (1)  Thirty-six  semester  credit  hours  in general
16        education.
17             (2)  Twenty-four semester credit hours in  technical
18        content areas designed to provide students with knowledge
19        and   skills   required   for  speech-language  pathology
20        assistants, which must include (i) an overview of  normal
21        processes   of   communication;   (ii)   an  overview  of
22        communication    disorders;    (iii)    instruction    in
23        speech-language   pathology    assistant-level    service
24        delivery   practices;   (iv)   instruction  in  workplace
25        behaviors;  (v)  cultural  and  linguistic   factors   in
26        communication; and (vi) observation.
27             (3)  Completion  of at least 100 hours of supervised
28        field  work  experiences   supervised   by   a   licensed
29        speech-language pathologist at least 50% of the time when
30        the  student  is  engaged  in contact with the patient or
31        client.  An applicant must  obtain  written  verification
32        demonstrating successful completion of the required field
33        work  experience,  including a description of the setting
 
                            -37-           LRB9203588LBmbam01
 1        in which the training was received and an  assessment  of
 2        the student's technical proficiency.
 3        (b)  The  Department may promulgate rules that change the
 4    curriculum requirements of subsection (a) in order to reflect
 5    the  guidelines  for  speech-language   pathology   assistant
 6    programs  recommended by the American Speech-Language Hearing
 7    Association.

 8        (225 ILCS 110/8.7 new)
 9        Sec.   8.7.    Duties   of   speech-language    pathology
10    assistants.
11        (a)  The   scope  of  responsibility  of  speech-language
12    pathology assistants shall be limited  to  supplementing  the
13    role  of  a  speech-language  pathologist in implementing the
14    treatment  program   established   by   the   speech-language
15    pathologist.   The  functions and duties of a speech-language
16    pathology assistant shall be:
17             (1)  conducting speech-language  screening,  without
18        interpretation,  and  using screening protocols developed
19        by the supervising speech-language pathologist;
20             (2)  providing  direct   treatment   assistance   to
21        patients  or  clients,  if  authorized  by  and under the
22        supervision of a speech-language pathologist;
23             (3)  following and implementing documented treatment
24        plans   or   protocols   developed   by   a   supervising
25        speech-language pathologist;
26             (4)  documenting patient or client  progress  toward
27        meeting   established   objectives   and   reporting  the
28        information to a supervising speech-language pathologist;
29             (5)  assisting a speech-language pathologist  during
30        assessments,  including,  but  not  limited to, assisting
31        with  formal  documentation,  preparing  materials,   and
32        performing    clerical    duties    for   a   supervising
33        speech-language pathologist;
 
                            -38-           LRB9203588LBmbam01
 1             (6)  acting  as  an  interpreter   for   non-English
 2        speaking  patients  or  clients  and their family members
 3        when competent to do so;
 4             (7)  scheduling  activities  and  preparing  charts,
 5        records, graphs, and data;
 6             (8)  performing checks and maintenance of equipment,
 7        including, but not limited to, augmentative communication
 8        devices; and
 9             (9)  assisting   with   speech-language    pathology
10        research  projects,  in-service  training,  and family or
11        community education;
12        (b)  A speech-language pathology assistant may not:
13             (1)  perform   standardized    or    nonstandardized
14        diagnostic  tests  or  formal  or informal evaluations or
15        interpret test results;
16             (2)  screen or  diagnose  patients  or  clients  for
17        feeding or swallowing disorders;
18             (3)  participate   in   parent   conferences,   case
19        conferences,  or  any  interdisciplinary team without the
20        presence of the supervising speech-language pathologist;
21             (4)  provide patient or client or family counseling;
22             (5)  write,  develop,  or  modify  a  patient's   or
23        client's individualized treatment plan;
24             (6)  assist   with   patients   or  clients  without
25        following the individualized treatment plan  prepared  by
26        the supervising speech-language pathologist;
27             (7)  sign  any  formal  documents  such as treatment
28        plans, reimbursement forms, or reports;
29             (8)  select patients or clients for services;
30             (9)  discharge a patient or client from services;
31             (10) disclose clinical or confidential  information,
32        either  orally  or  in  writing, to anyone other than the
33        supervising speech-language pathologist;
34             (11)  make referrals for additional services;
 
                            -39-           LRB9203588LBmbam01
 1             (12)  counsel or consult with the patient or client,
 2        family, or others regarding  the  patient's  or  client's
 3        status or service;
 4             (13)  represent   himself   or   herself   to  be  a
 5        speech-language pathologist;
 6             (14)  use a checklist or tabulate results of feeding
 7        or swallowing evaluations; or
 8             (15)   demonstrate    swallowing    strategies    or
 9        precautions to patients, family, or staff.

10        (225 ILCS 110/8.8 new)
11        Sec.   8.8.   Supervision  of  speech-language  pathology
12    assistants.
13        (a)  A speech-language pathology assistant shall practice
14    only under the supervision of a  speech-language  pathologist
15    who  has  at  least  2  years  experience  in addition to the
16    supervised professional experience required under  subsection
17    (f)  of  Section 8 of this Act. A speech-language pathologist
18    who supervises a  speech-language  pathology  assistant  must
19    have  completed  at  least  10 clock hours of training in the
20    supervision of  speech-language  pathology  assistants.   The
21    Department  shall promulgate rules describing the supervision
22    training requirements.  The rules may allow a speech-language
23    pathologist to apply to the Board for an exemption from  this
24    training requirement based upon prior supervisory experience.
25        (b)  A  speech-language pathology assistant must be under
26    the direct supervision of a  speech-language  pathologist  at
27    least 30% of the speech-language pathology assistant's actual
28    patient  or  client contact time per patient or client during
29    the first 90 days of initial employment as a  speech-language
30    pathology assistant.  Thereafter, a speech-language pathology
31    assistant   must   be  under  the  direct  supervision  of  a
32    speech-language   pathologist   at   least   20%    of    the
33    speech-language   pathology  assistant's  actual  patient  or
 
                            -40-           LRB9203588LBmbam01
 1    client contact time per patient or client. Supervision  of  a
 2    speech-language   pathology   assistant  beyond  the  minimum
 3    requirements  of  this  subsection  may  be  imposed  at  the
 4    discretion of the  supervising  speech-language  pathologist.
 5    A  supervising  speech-language pathologist must be available
 6    to communicate with  a  speech-language  pathology  assistant
 7    whenever  the  assistant  is  in  contact  with  a patient or
 8    client.
 9        (c)  A  speech-language  pathologist  that  supervises  a
10    speech-language  pathology  assistant  must  document  direct
11    supervision   activities.    At   a   minimum,    supervision
12    documentation  must  provide  (i)  information  regarding the
13    quality  of   the   speech-language   pathology   assistant's
14    performance  of  assigned  duties, and (ii) verification that
15    clinical activity is limited to duties specified  in  Section
16    8.7.
17        (d)  A    full-time   speech-language   pathologist   may
18    supervise  no   more   than   2   speech-language   pathology
19    assistants.  A speech-language pathologist that does not work
20    full-time  may  supervise  no  more  than one speech-language
21    pathology assistant.
22        (e) For purposes of this  Section,  "direct  supervision"
23    means   on-site,   in-view  observation  and  guidance  by  a
24    speech-language pathologist while  an  assigned  activity  is
25    performed by the speech-language pathology assistant.

26        (225 ILCS 110/10) (from Ch. 111, par. 7910)
27        Sec.   10.   List  of  Speech-Language  Pathologists  and
28    Audiologists.  The Department shall maintain a  list  of  the
29    names  and  addresses  of  the  speech-language pathologists,
30    speech-language pathology assistants, and audiologists.  Such
31    lists shall also be mailed by the Department  to  any  person
32    upon request and payment of the required fee.
33    (Source: P.A. 85-1391.)
 
                            -41-           LRB9203588LBmbam01
 1        (225 ILCS 110/11) (from Ch. 111, par. 7911)
 2        Sec.   11.    Expiration,   renewal  and  restoration  of
 3    licenses.
 4        (a)  The expiration date  and  renewal  period  for  each
 5    license  issued  under  this  Act  shall  be  set by rule.  A
 6    speech-language   pathologist,   speech-language    pathology
 7    assistant,  or  audiologist may renew such license during the
 8    month preceding the expiration date  thereof  by  paying  the
 9    required fee.
10        (a-5)  All  renewal  applicants  shall  provide  proof of
11    having met the continuing education requirements set forth in
12    the rules of the Department.  At a minimum, the  rules  shall
13    require    a   renewal   applicant   for   licensure   as   a
14    speech-language pathologist or audiologist to  provide  proof
15    of completing at least 20 clock hours of continuing education
16    during  the  2-year  licensing  cycle  for which he or she is
17    currently licensed. An audiologist who has met the continuing
18    education requirements of  the  Hearing  Instrument  Consumer
19    Protection  Act  during  an  equivalent licensing cycle under
20    this Act shall be deemed to have met the continuing education
21    requirements of this Act.  At  a  minimum,  the  rules  shall
22    require    a   renewal   applicant   for   licensure   as   a
23    speech-language  pathology  assistant  to  provide  proof  of
24    completing at least 10 clock hours  of  continuing  education
25    during  the 2-year period for which he or she currently holds
26    a license. The  Department  shall  provide  by  rule  for  an
27    orderly  process  for the reinstatement of licenses that have
28    not been renewed for failure to meet the continuing education
29    requirements.  The continuing education requirements  may  be
30    waived in cases of extreme hardship as defined by rule of the
31    Department.
32        The  Department  shall  establish by rule a means for the
33    verification  of  completion  of  the  continuing   education
34    required   by   this   Section.   This  verification  may  be
 
                            -42-           LRB9203588LBmbam01
 1    accomplished  through  audits  of   records   maintained   by
 2    licensees,  by  requiring  the filing of continuing education
 3    certificates  with  the  Department,  or   by   other   means
 4    established by the Department.
 5        (b)  Inactive status.
 6             (1)  Any  licensee  who  notifies  the Department in
 7        writing on forms prescribed by the Department  may  elect
 8        to  place  his  or  her license on an inactive status and
 9        shall, subject to rules of  the  Department,  be  excused
10        from payment of renewal fees until he or she notifies the
11        Department  in  writing  of  his  or her desire to resume
12        active status.
13             (2)  Any  licensee   requesting   restoration   from
14        inactive  status shall be required to (i) pay the current
15        renewal fee; and (ii) demonstrate  that  he  or  she  has
16        obtained   the  equivalent  of  20  hours  of  continuing
17        education if the licensee has been inactive for  5  years
18        or more.
19             (3)  Any  licensee  whose  license is in an inactive
20        status shall  not  practice  in  the  State  of  Illinois
21        without first restoring his or her license.
22             (4)  Any  licensee  who shall engage in the practice
23        while  the  license  is  lapsed  or  inactive  shall   be
24        considered to be practicing without a license which shall
25        be grounds for discipline under Section 16 of this Act.
26        (c)  Any   speech-language  pathologist,  speech-language
27    pathology assistant, or audiologist whose license has expired
28    may have his or her license restored at  any  time  within  5
29    years  after  the  expiration  thereof,  upon  payment of the
30    required fee.
31        (d)  Any person whose license  has  been  expired  for  5
32    years  or more may have his or her license restored by making
33    application to the Department and filing proof acceptable  to
34    the  Department  of  his  or  her  fitness to have his or her
 
                            -43-           LRB9203588LBmbam01
 1    license restored,  including  sworn  evidence  certifying  to
 2    active lawful practice in another jurisdiction, and by paying
 3    the  required  restoration  fee.   A  person practicing on an
 4    expired license is deemed to be practicing without a license.
 5        (e)  If a  person  whose  license  has  expired  has  not
 6    maintained  active  practice  in  another  jurisdiction,  the
 7    Department   shall   determine,   by  an  evaluation  process
 8    established by rule, his or  her  fitness  to  resume  active
 9    status  and  may  require  the person to complete a period of
10    evaluated clinical experience,  and  may  require  successful
11    completion of an examination.
12        (f)  Any person whose license has expired while he or she
13    has  been  engaged  (1) in federal or State service on active
14    duty, or (2) in training or education under  the  supervision
15    of  the  United  States  preliminary  to  induction  into the
16    military service,  may  have  his  or  her  license  restored
17    without  paying  any  lapsed  renewal  or restoration fee, if
18    within 2 years after termination of such service, training or
19    education  he  or   she   furnishes   the   Department   with
20    satisfactory  proof  that  he  or she has been so engaged and
21    that his or her service, training or education  has  been  so
22    terminated.
23    (Source: P.A. 90-69, eff. 7-8-97.)

24        (225 ILCS 110/13) (from Ch. 111, par. 7913)
25        Sec. 13. Licensing applicants from other States.
26        Upon  payment  of the required fee, an applicant who is a
27    speech-language   pathologist,   speech-language    pathology
28    assistant,  or audiologist licensed under the laws of another
29    state or  territory  of  the  United  States,  shall  without
30    examination   be  granted  a  license  as  a  speech-language
31    pathologist,   speech-language   pathology   assistant,    or
32    audiologist by the Department:
33        (a)  whenever the requirements of such state or territory
 
                            -44-           LRB9203588LBmbam01
 1    of   the   United  States  were  at  the  date  of  licensure
 2    substantially equal to the requirements then in force in this
 3    State; or
 4        (b)  whenever  such  requirements  of  another  state  or
 5    territory of the United States together with educational  and
 6    professional  qualifications, as distinguished from practical
 7    experience, of the applicant since  obtaining  a  license  as
 8    speech-language    pathologist,   speech-language   pathology
 9    assistant, or audiologist in such state or territory  of  the
10    United  States are substantially equal to the requirements in
11    force in Illinois at the time of application for licensure as
12    a  speech-language  pathologist,  speech-language   pathology
13    assistant, or audiologist.
14        Applicants  have  3 years from the date of application to
15    complete the application process. If the process has not been
16    completed within 3 years, the application  shall  be  denied,
17    the  fee  shall  be forfeited, and the applicant must reapply
18    and  meet  the  requirements  in  effect  at  the   time   of
19    reapplication.
20    (Source: P.A. 90-69, eff. 7-8-97.)

21        (225 ILCS 110/16) (from Ch. 111, par. 7916)
22        Sec. 16.  Refusal, revocation or suspension of licenses.
23        (1)  The  Department may refuse to issue or renew, or may
24    revoke, suspend, place on probation,  censure,  reprimand  or
25    take  other  disciplinary  action  as the Department may deem
26    proper,  including  fines  not  to  exceed  $5,000  for  each
27    violation,  with  regard  to  any  license  for  any  one  or
28    combination of the following causes:
29             (a)  Fraud in procuring the license.
30             (b)  Habitual intoxication or addiction to  the  use
31        of drugs.
32             (c)  Willful  or repeated violations of the rules of
33        the Department of Public Health.
 
                            -45-           LRB9203588LBmbam01
 1             (d)  Division of fees or agreeing to split or divide
 2        the  fees  received  for  speech-language  pathology   or
 3        audiology  services  with  any  person  for  referring an
 4        individual, or assisting in the care or treatment  of  an
 5        individual,  without  the  knowledge of the individual or
 6        his or her legal representative.
 7             (e)  Employing,  procuring,  inducing,   aiding   or
 8        abetting  a  person  not  licensed  as  a speech-language
 9        pathologist or audiologist to engage in the  unauthorized
10        practice of speech-language pathology or audiology.
11             (e-5)  Employing,  procuring,  inducing,  aiding, or
12        abetting a  person  not  licensed  as  a  speech-language
13        pathology  assistant  to perform the functions and duties
14        of a speech-language pathology assistant.
15             (f)  Making   any   misrepresentations   or    false
16        promises,  directly or indirectly, to influence, persuade
17        or induce patronage.
18             (g)  Professional connection or association with, or
19        lending his or  her  name  to  another  for  the  illegal
20        practice  of  speech-language  pathology  or audiology by
21        another, or professional connection or  association  with
22        any person, firm or corporation holding itself out in any
23        manner contrary to this Act.
24             (h)  Obtaining  or  seeking to obtain checks, money,
25        or any other things  of  value  by  false  or  fraudulent
26        representations,  including  but not limited to, engaging
27        in  such  fraudulent  practice  to  defraud  the  medical
28        assistance program of the Department of Public Aid.
29             (i)  Practicing under a name other than his  or  her
30        own.
31             (j)  Improper,    unprofessional   or   dishonorable
32        conduct of a character likely to deceive, defraud or harm
33        the public.
34             (k)  Conviction in this  or  another  state  of  any
 
                            -46-           LRB9203588LBmbam01
 1        crime  which  is a felony under the laws of this State or
 2        conviction of  a  felony  in  a  federal  court,  if  the
 3        Department  determines,  after  investigation,  that such
 4        person has not been sufficiently rehabilitated to warrant
 5        the public trust.
 6             (1)  Permitting  a   person   under   his   or   her
 7        supervision  to  perform  any  function not authorized by
 8        this Act.
 9             (m)  A violation of any provision  of  this  Act  or
10        rules promulgated thereunder.
11             (n)  Revocation  by  another  state, the District of
12        Columbia, territory, or foreign nation of  a  license  to
13        practice  speech-language  pathology  or  audiology  or a
14        license  to  practice  as  a  speech-language   pathology
15        assistant  in  its  jurisdiction  if  at least one of the
16        grounds for  that  revocation  is  the  same  as  or  the
17        equivalent of one of the grounds for revocation set forth
18        herein.
19             (o)  Willfully  failing  to  report  an  instance of
20        suspected child abuse  or  neglect  as  required  by  the
21        Abused and Neglected Child Reporting Act.
22             (p)  Gross  or  repeated  malpractice  resulting  in
23        injury or death of an individual.
24             (q)  Willfully  making  or  filing  false records or
25        reports in his  or  her  practice  as  a  speech-language
26        pathologist,   speech-language  pathology  assistant,  or
27        audiologist, including, but not limited to, false records
28        to support claims against the public  assistance  program
29        of the Illinois Department of Public Aid.
30             (r)  Professional incompetence as manifested by poor
31        standards of care or mental incompetence as declared by a
32        court of competent jurisdiction.
33             (s)  Repeated  irregularities  in  billing  a  third
34        party  for  services  rendered  to  an  individual.   For
 
                            -47-           LRB9203588LBmbam01
 1        purposes  of  this  Section,  "irregularities in billing"
 2        shall include:
 3                  (i)  reporting  excessive   charges   for   the
 4             purpose  of  obtaining  a total payment in excess of
 5             that  usually  received   by   the   speech-language
 6             pathologist, speech-language pathology assistant, or
 7             audiologist for the services rendered;
 8                  (ii)  reporting   charges   for   services  not
 9             rendered; or
10                  (iii)  incorrectly reporting services  rendered
11             for the purpose of obtaining payment not earned.
12             (t)  (Blank).
13             (u)  Violation    of    the   Health   Care   Worker
14        Self-Referral Act.
15             (v)  Physical illness, including but not limited  to
16        deterioration  through the aging process or loss of motor
17        skill, mental illness, or disability that results in  the
18        inability  to  practice  the  profession  with reasonable
19        judgment, skill, or safety.
20             (w)  Violation of the  Hearing  Instrument  Consumer
21        Protection Act.
22             (x) Failure by a speech-language pathology assistant
23        and  supervising  speech-language  pathologist  to comply
24        with the supervision requirements set  forth  in  Section
25        8.8.
26             (y)   Wilfully   exceeding   the   scope  of  duties
27        customarily  undertaken  by    speech-language  pathology
28        assistants set forth in Section 8.7 that results  in,  or
29        may result in, harm to the public.
30        (2)  The  Department  shall  deny  a  license  or renewal
31    authorized by this Act to any person who has defaulted on  an
32    educational loan guaranteed by the Illinois State Scholarship
33    Commission;  however,  the  Department may issue a license or
34    renewal if the  aforementioned  persons  have  established  a
 
                            -48-           LRB9203588LBmbam01
 1    satisfactory  repayment  record as determined by the Illinois
 2    State Scholarship Commission.
 3        (3)  The  entry  of  an  order   by   a   circuit   court
 4    establishing that any person holding a license under this Act
 5    is  subject to involuntary admission or judicial admission as
 6    provided  for  in  the  Mental   Health   and   Developmental
 7    Disabilities  Code,  operates  as  an automatic suspension of
 8    that license.  That  person  may  have  his  or  her  license
 9    restored  only upon the determination by a circuit court that
10    the patient is no longer subject to involuntary admission  or
11    judicial  admission  and  the issuance of an order so finding
12    and  discharging  the   patient,   and   upon   the   Board's
13    recommendation   to   the  Department  that  the  license  be
14    restored. Where the circumstances so indicate, the Board  may
15    recommend  to  the  Department that it require an examination
16    prior to restoring any license automatically suspended  under
17    this subsection.
18        (4)  The  Department  may  refuse to issue or may suspend
19    the license of any person who fails to file a return,  or  to
20    pay the tax, penalty, or interest shown in a filed return, or
21    to  pay  any final assessment of the tax penalty or interest,
22    as required by any tax Act administered by the Department  of
23    Revenue,  until such time as the requirements of any such tax
24    Act are satisfied.
25        (5)  In enforcing this Section, the Board upon a  showing
26    of  a possible violation may compel an individual licensed to
27    practice under this Act, or who  has  applied  for  licensure
28    pursuant  to  this  Act,  to  submit  to a mental or physical
29    examination, or both, as required by and at  the  expense  of
30    the   Department.    The  examining  physicians  or  clinical
31    psychologists shall be those specifically designated  by  the
32    Board.  The individual to be examined may have, at his or her
33    own  expense,  another  physician or clinical psychologist of
34    his  or  her  choice  present  during  all  aspects  of  this
 
                            -49-           LRB9203588LBmbam01
 1    examination.  Failure of any individual to submit to a mental
 2    or physical examination, when directed, shall be grounds  for
 3    suspension of his or her license until the individual submits
 4    to  the  examination  if  the  Board  finds, after notice and
 5    hearing, that the refusal to submit to  the  examination  was
 6    without reasonable cause.
 7        If  the  Board  finds  an  individual  unable to practice
 8    because of the reasons set forth in this Section,  the  Board
 9    may require that individual to submit to care, counseling, or
10    treatment by physicians or clinical psychologists approved or
11    designated by the Board, as a condition, term, or restriction
12    for  continued, reinstated, or renewed licensure to practice;
13    or, in lieu of care, counseling, or treatment, the Board  may
14    recommend   to   the   Department  to  file  a  complaint  to
15    immediately suspend,  revoke,  or  otherwise  discipline  the
16    license  of  the individual. Any individual whose license was
17    granted,  continued,  reinstated,  renewed,  disciplined   or
18    supervised    subject   to   such   terms,   conditions,   or
19    restrictions, and  who  fails  to  comply  with  such  terms,
20    conditions,   or  restrictions,  shall  be  referred  to  the
21    Director for a determination as  to  whether  the  individual
22    shall  have his or her license suspended immediately, pending
23    a hearing by the Board.
24        In instances in which the Director immediately suspends a
25    person's license  under  this  Section,  a  hearing  on  that
26    person's license must be convened by the Board within 15 days
27    after the suspension and completed without appreciable delay.
28    The  Board  shall  have  the  authority to review the subject
29    individual's record of treatment and counseling regarding the
30    impairment to the  extent  permitted  by  applicable  federal
31    statutes  and regulations safeguarding the confidentiality of
32    medical records.
33        An individual licensed under this Act and affected  under
34    this  Section shall be afforded an opportunity to demonstrate
 
                            -50-           LRB9203588LBmbam01
 1    to the Board that he or she can resume practice in compliance
 2    with acceptable and prevailing standards under the provisions
 3    of his or her license.
 4    (Source: P.A. 90-69, eff. 7-8-97; 91-949, eff. 2-9-01.)

 5        (225 ILCS 110/16.5)
 6        Sec. 16.5. Advertising. A person licensed under this  Act
 7    as a speech-language pathologist or audiologist may advertise
 8    the availability of professional services in the public media
 9    or  on  the  premises  where  such  professional services are
10    rendered as permitted by law,  provided  the  advertising  is
11    truthful  and not misleading or deceptive. The Department may
12    adopt rules consistent with this Section.
13    (Source: P.A. 90-69, eff. 7-8-97.)

14        (225 ILCS 110/18) (from Ch. 111, par. 7918)
15        Sec. 18.  Disciplinary actions.
16        (a)  In case the licensee, after receiving notice,  fails
17    to  file an answer, his or her license may, in the discretion
18    of the Director, having first received the recommendation  of
19    the  Board,  be  suspended,  revoked,  placed on probationary
20    status or the Director may take whatever disciplinary  action
21    he  or  she  may  deem  proper, including limiting the scope,
22    nature, or extent of the person's practice or the  imposition
23    of  a  fine,  without  a  hearing, if the act or acts charged
24    constitute sufficient grounds for such action under this Act.
25        (b)  The Director may temporarily suspend the license  of
26    a   speech-language  pathologist,  speech-language  pathology
27    assistant, or audiologist without a hearing, simultaneous  to
28    the  institution of proceedings for a hearing under this Act,
29    if the Director finds that evidence in his or her  possession
30    indicates     that     a    speech-language    pathologist's,
31    speech-language pathology assistant's,  or  an  audiologist's
32    continuation in practice would constitute an immediate danger
 
                            -51-           LRB9203588LBmbam01
 1    to  the  public.   In the event that the Director temporarily
 2    suspends  the  license  of  a  speech-language   pathologist,
 3    speech-language pathology assistant, or audiologist without a
 4    hearing,  a  hearing by the Board must be held within 15 days
 5    after such suspension  has  occurred  and  concluded  without
 6    appreciable delay.
 7    (Source: P.A. 90-69, eff. 7-8-97.)

 8        (225 ILCS 110/26) (from Ch. 111, par. 7926)
 9        Sec.  26.   Confidential Information - Disclosure. In all
10    hearings conducted  under  this  Act,  information  received,
11    pursuant  to  law,  relating to any information acquired by a
12    speech-language   pathologist,   speech-language    pathology
13    assistant,  or  audiologist  in  serving  any individual in a
14    professional capacity, and necessary to professionally  serve
15    such  individual,  shall  be deemed strictly confidential and
16    shall only be made available, either as part of the record of
17    a hearing hereunder or otherwise;
18        (a)  when such record is required, in its  entirety,  for
19    purposes of judicial review pursuant to this Act; or
20        (b)  upon  the express, written consent of the individual
21    served, or in the case of his or her death or disability, the
22    consent of his or her personal representative.
23    (Source: P.A. 85-1391.)

24        (225 ILCS 110/27) (from Ch. 111, par. 7927)
25        Sec. 27.  Reports of  Violations.   Any  person  licensed
26    under  this  Act,  or  any  other  person,  may report to the
27    Department any information such person may have which appears
28    to show that a speech-language  pathologist,  speech-language
29    pathology assistant, or audiologist is or may be in violation
30    of any of the provisions of this Act.
31    (Source: P.A. 85-1391.)
 
                            -52-           LRB9203588LBmbam01
 1        (225 ILCS 110/28) (from Ch. 111, par. 7928)
 2        Sec.  28.  Injunction.  The  practice  of speech-language
 3    pathology or audiology by any person not holding a valid  and
 4    current  license  under  this  Act or a person performing the
 5    functions and duties of a speech-language pathology assistant
 6    without a valid  and  current  license  under  this  Act,  is
 7    declared  to be inimical to the public welfare, to constitute
 8    a public nuisance, and  to  cause  irreparable  harm  to  the
 9    public  welfare.    The  Director,  the Attorney General, the
10    State's attorney of any county in the State or any person may
11    maintain an action in the name of the People of the State  of
12    Illinois,  and  may  apply  for  an injunction in any circuit
13    court to  enjoin  any  such  person  from  engaging  in  such
14    practice.   Upon  the  filing  of a verified petition in such
15    court, the court  or  any  judge  thereof,  if  satisfied  by
16    affidavit, or otherwise, that such person has been engaged in
17    such  practice without a valid and current license, may issue
18    a temporary injunction without notice or bond, enjoining  the
19    defendant from any such further practice. Only the showing of
20    nonlicensure,  by  affidavit  or  otherwise,  is necessary in
21    order for a temporary injunction to  issue.  A  copy  of  the
22    verified complaint shall be served upon the defendant and the
23    proceedings  shall  thereafter be conducted as in other civil
24    cases  except  as  modified  by  this  Section.  If   it   is
25    established that the defendant has been, or is engaged in any
26    such  unlawful practice, the court, or any judge thereof, may
27    enter  an  order  or  judgment  perpetually   enjoining   the
28    defendant  from  further  such  practice.  In all proceedings
29    hereunder, the court, in its discretion,  may  apportion  the
30    costs  among  the  parties  interested in the suit, including
31    cost of filing the complaint,  service  of  process,  witness
32    fees  and  expenses,  court  reporter  charges and reasonable
33    attorneys' fees. In  case  of  violation  of  any  injunction
34    issued under the provisions of this Section, the court or any
 
                            -53-           LRB9203588LBmbam01
 1    judge  thereof  may summarily try and punish the offender for
 2    contempt of court. Such injunction proceedings  shall  be  in
 3    addition  to,  and  not  in  lieu of, all penalties and other
 4    remedies provided in this Act.
 5    (Source: P.A. 90-69, eff. 7-8-97.)

 6        (225 ILCS 110/29) (from Ch. 111, par. 7929)
 7        Sec. 29.  Penalty  of  unlawful  practice  -  second  and
 8    subsequent  offenses.  Any  person who practices or offers to
 9    practice speech-language pathology or audiology  or  performs
10    the  functions  and  duties  of  a  speech-language pathology
11    assistant in this  State  without  being  licensed  for  that
12    purpose,  or  whose license has been suspended or revoked, or
13    who violates any of the provisions of this Act, for which  no
14    specific  penalty  has  been  provided herein, is guilty of a
15    Class A misdemeanor.
16        Any person who has been previously convicted under any of
17    the provisions of this Act and who subsequently violates  any
18    of  the provisions of this Act is guilty of a Class 4 felony.
19    In addition, whenever any person is punished as a  subsequent
20    offender  under  this  Section, the Director shall proceed to
21    obtain a  permanent  injunction  against  such  person  under
22    Section 29 of this Act.
23    (Source: P.A. 85-1391.)

24        (225 ILCS 110/29.5)
25        Sec. 29.5. Unlicensed practice; civil penalty.
26        (a)  Any   person  who  practices,  offers  to  practice,
27    attempts to  practice,  or  holds  oneself  out  to  practice
28    speech-language   pathology  or  audiology  or  performs  the
29    functions and duties of a speech-language pathology assistant
30    without being licensed under this Act shall, in  addition  to
31    any other penalty provided by law, pay a civil penalty to the
32    Department in an amount not to exceed $5,000 for each offense
 
                            -54-           LRB9203588LBmbam01
 1    as  determined  by the Department. The civil penalty shall be
 2    assessed by  the  Department  after  a  hearing  is  held  in
 3    accordance   with  the  provisions  set  forth  in  this  Act
 4    regarding the provision of a hearing for the discipline of  a
 5    licensee.
 6        (b)  The  Department  has  the  authority  and  power  to
 7    investigate any and all unlicensed activity.
 8        (c)  The civil penalty shall be paid within 60 days after
 9    the  effective  date of the order imposing the civil penalty.
10    The order shall constitute a judgment and may  be  filed  and
11    execution had thereon in the same manner as any judgment from
12    any court of record.
13    (Source: P.A. 90-69, eff. 7-8-97.)

14        (225 ILCS 110/31a)
15        Sec.   31a.  Advertising   services.   A  speech-language
16    pathologist or audiologist licensee shall  include  in  every
17    advertisement  for  services  regulated under this Act his or
18    her title as it  appears  on  the  license  or  the  initials
19    authorized under this Act.
20    (Source: P.A. 91-310, eff. 1-1-00.)".

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