(105 ILCS 5/2-3.173)

Sec. 2-3.173. Substitute teachers; recruiting firms.

(a) In this Section, "recruiting firm" means a company with expertise in finding qualified applicants for positions and screening those potential workers for an employer.

(b) By January 1, 2019, the State Board of Education shall implement a program and adopt rules to allow school districts to supplement their substitute teacher recruitment for elementary and secondary schools with the use of recruiting firms, subject to the other provisions of this Section. To qualify for the program, a school district shall demonstrate to the State Board that, because of the severity of its substitute teacher shortage, it is unable to find an adequate amount of substitute or retired teachers and has exhausted all other efforts. Substitute teachers provided by a recruiting firm must adhere to all mandated State laws, rules, and screening requirements for substitute teachers not provided by a recruiting firm and must be paid on the same wage scale as substitute teachers not provided by a recruiting firm. This Section shall not be construed to require school districts to use recruiting firms for substitute teachers. A school district may not use a recruiting firm under this Section to circumvent any collective bargaining agreements or State laws, rules, or screening requirements for teachers. A school district may not reduce the number of full-time staff members of a department as a result of hiring a substitute teacher recruiting firm. In the event of a teacher's strike, a school district may not use a recruiting firm to hire a substitute teacher.

(c) A school district organized under Article 34 of this Code may contract with a substitute teacher recruiting firm under this Section only if the district meets the following requirements:

(1) certifies to the State Board of Education that it has adequate funds to fill and pay for all substitute teacher positions;

(2) prioritizes existing substitute teachers over substitute teachers from recruiting firms;

(3) files copies of all substitute teacher contracts with the State Board of Education; and

(4) requires that the substitute teacher recruiting firm file an annual report with the school district that would include the number of substitute teachers that were placed in the district, the total cost of the contract to the district, and the percentage of substitute teacher openings that were filled.

(d) A substitute teacher recruiting firm may enter into an agreement with a labor organization that has a collective bargaining agreement with a school district.

(Source: P.A. 100-813, eff. 8-13-18; 101-81, eff. 7-12-19.)