Public Act 101-0570
 
SB1901 EnrolledLRB101 09824 AXK 54926 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The School Code is amended  by changing Sections 
10-20.21, 21B-40, and 21B-50 as follows:
 
 

    (105 ILCS 5/10-20.21)

 
    Sec. 10-20.21. Contracts. 

    (a)
To award all contracts for
purchase of supplies and  
materials or work involving an expenditure in excess of $25,000 
or a lower amount as required by board policy
to the lowest 
responsible bidder, considering conformity with

specifications, terms of delivery, quality and serviceability, 
after due
advertisement, except the following: (i) contracts 
for the services of
individuals possessing a high degree of 
professional skill where the
ability or fitness of the 
individual plays an important part; (ii)
contracts for the 
printing of finance committee reports and departmental

reports; (iii) contracts for the printing or engraving of 
bonds, tax
warrants and other evidences of indebtedness; (iv) 
contracts for the
purchase of perishable foods and perishable 
beverages; (v) contracts for
materials and work which have been 
awarded to the lowest responsible bidder
after due 
advertisement, but due to unforeseen revisions, not the fault 
of
the contractor for materials and work, must be revised 
causing expenditures
not in excess of 10% of the contract 
price; (vi)
contracts for the maintenance or servicing of, or 
provision of
repair parts for, equipment which are made with 
the manufacturer or
authorized service agent of that equipment 
where the provision of parts,
maintenance, or servicing can 
best be performed by the manufacturer or
authorized service 
agent; (vii) purchases and contracts for the use,
purchase, 
delivery, movement, or installation of data processing 
equipment,
software, or services and telecommunications and 
interconnect
equipment, software, and services; (viii) 
contracts for duplicating
machines and supplies; (ix) 
contracts for the purchase of fuel, including diesel, gasoline, 
oil, aviation, natural gas, or propane, lubricants, or other 
petroleum products natural gas when
the cost is less than that 
offered by a public utility; (x) purchases of
equipment 
previously owned by some entity other than the district
itself; 
(xi) contracts for repair, maintenance, remodeling, 
renovation, or
construction, or a single project involving an 
expenditure not to exceed
$50,000 and not involving a change or 
increase in the size, type, or extent
of an existing facility; 
(xii) contracts for goods or services procured
from another 
governmental agency; (xiii) contracts for goods or services

which are economically procurable from only one source, such as 
for the
purchase of magazines, books, periodicals, pamphlets 
and reports, and for
utility services such as water, light, 
heat, telephone or telegraph;
(xiv) where funds are expended in 
an emergency and such emergency
expenditure is approved by 3/4 
of the members of the board; (xv) State master contracts 
authorized under Article 28A of this Code; and (xvi) contracts 
providing for the transportation of pupils, which contracts 
must be advertised in the same manner as competitive bids and 
awarded by first considering the bidder or bidders most able to 
provide safety and comfort for the pupils, stability of 
service, and any other factors set forth in the request for 
proposal regarding quality of service, and then price. However, 
at no time shall a cause of action lie against a school board 
for awarding a pupil transportation contract per the standards 
set forth in this subsection (a) unless the cause of action is 
based on fraudulent conduct. 
    All competitive
bids for contracts involving an 
expenditure in excess of $25,000 or a lower amount as required 
by board policy must be
sealed by the bidder and must be opened 
by a member or employee of the
school board at a public bid 
opening  at which the contents of the bids
must be announced. 
Each bidder must receive at least 3 days' notice of the
time 
and place of the bid opening. For purposes of this Section due

advertisement includes, but is not limited to, at least one 
public notice
at least 10 days before the bid date in a 
newspaper published in the
district, or if no newspaper is 
published in the district, in a newspaper
of general 
circulation in the area of the district. State master contracts 
and certified education purchasing contracts, as defined in 
Article 28A of this Code, are not subject to the requirements 
of this paragraph.


    Under this Section, the acceptance of bids sealed by a 
bidder and the opening of these bids at a public bid opening 
may be permitted by an electronic process for communicating, 
accepting, and opening competitive bids. However, bids for 
construction purposes are prohibited from being communicated, 
accepted, or opened electronically. An electronic bidding 
process must provide for, but is not limited to, the following 
safeguards:
        (1)  On the date and time certain of a bid opening, the 
    primary person conducting the competitive, sealed, 
    electronic bid process shall log onto a specified database 
    using a unique username and password previously assigned to 
    the bidder to allow access to the  bidder's specific bid 
    project number.
        (2)  The specified electronic database must be on a 
    network that (i) is in a secure environment behind a 
    firewall; (ii) has specific encryption tools; (iii) 
    maintains specific intrusion detection systems; (iv) has 
    redundant systems architecture with data storage back-up, 
    whether by compact disc or tape; and (v) maintains a 
    disaster recovery plan.

It is the legislative intent of Public Act 96-841 to maintain 
the integrity of the sealed bidding process provided for in 
this Section, to further limit any possibility of bid-rigging, 
to reduce administrative costs to school districts, and to 
effect efficiencies in communications with bidders. 
    (b) To require, as a condition of any contract for goods 
and services,
that persons
bidding for and awarded a contract 
and all affiliates of the person collect and
remit
Illinois Use 
Tax on all sales of tangible personal property into the State 
of
Illinois in
accordance with the provisions of the Illinois 
Use Tax Act regardless of whether
the
person or affiliate is a 
"retailer maintaining a place of business within this
State" as

defined in Section 2 of the Use Tax Act. For purposes of this 
Section, the term
"affiliate"
means any entity that (1) 
directly, indirectly, or constructively controls
another 
entity, (2)
is directly, indirectly, or constructively 
controlled by another entity, or (3)
is subject to
the control 
of a common entity. For purposes of this subsection (b), an 
entity
controls
another entity if it owns, directly or 
individually, more than 10% of the
voting
securities
of that 
entity. As used in this subsection (b), the term "voting 
security"
means a security
that (1) confers upon the holder the 
right to vote for the election of members
of the board
of 
directors or similar governing body of the business or (2) is 
convertible
into, or entitles
the holder to receive upon its 
exercise, a security that confers such a right
to
vote. A

general partnership interest is a voting security.

    To require that bids and contracts include a certification 
by the bidder
or
contractor that the bidder or contractor is 
not barred from bidding for or
entering into a
contract under 
this Section and that the bidder or contractor acknowledges 
that
the school
board may declare the contract void if the 
certification completed pursuant to
this
subsection (b) is 
false.

    (b-5) To require all contracts and agreements that pertain 
to goods and services and that are intended to generate 
additional revenue and other remunerations for the school 
district in excess of $1,000, including without limitation 
vending machine contracts, sports and other attire, class 
rings, and photographic services, to be approved by the school 
board. The school board shall file as an attachment to its 
annual budget a report, in a form as determined by the State 
Board of Education, indicating for the prior year the name of 
the vendor, the product or service provided, and the actual net 
revenue and non-monetary remuneration from each of the 
contracts or agreements.  In addition, the report shall indicate 
for what purpose the revenue was used and how and to whom the 
non-monetary remuneration was distributed.

    (b-10) To prohibit any contract to purchase food with a 
bidder or offeror if the bidder's or offeror's contract terms 
prohibit the school from donating food to food banks, 
including, but not limited to, homeless shelters, food 
pantries, and soup kitchens.
    (c)  If the State education purchasing entity creates a 
master contract as defined in Article 28A of this Code, then 
the State education purchasing entity shall notify school 
districts of the existence of the master contract.  
    (d)   In purchasing supplies, materials, equipment, or 
services that are not subject to subsection (c) of this 
Section, before a school district solicits bids or awards a 
contract, the district may review and consider as a bid under 
subsection (a) of this Section certified education purchasing 
contracts that are already available through the State 
education purchasing entity.
(Source: P.A. 99-552, eff. 7-15-16.)

 
    (105 ILCS 5/21B-40)
    Sec. 21B-40. Fees.
    (a) Beginning with the start of the new licensure system 
established pursuant to this Article, the following fees shall 
be charged to applicants:
        (1)  A $100 application fee for a Professional Educator 
    License or an Educator License with Stipulations. 
    Beginning on July 1, 2018, the license renewal fee for an 
    Educator License with Stipulations with a paraprofessional 
    educator endorsement shall be $25.
        (1.5) A $50 application fee for a Substitute Teaching 
    License. If the application for a Substitute Teaching 
    License is made and granted after July 1, 2017, the 
    licensee may apply for a refund of the application fee 
    within 18 months of issuance of the new license and shall 
    be issued that refund by the State Board of Education if 
    the licensee provides evidence to the State Board of 
    Education that the licensee has taught pursuant to the 
    Substitute Teaching License at least 10 full school days 
    within one year of issuance. 
        (1.7) A $25 application fee for a Short-Term Substitute 
    Teaching License.  The Short-Term Substitute Teaching 
    License must be registered in at least one region in this 
    State, but does not require a registration fee.  The 
    licensee may apply for a refund of the application fee 
    within 18 months of issuance of the new license and shall 
    be issued that refund by the State Board of Education if 
    the licensee provides evidence to the State Board of 
    Education that the licensee has taught pursuant to the 
    Short-Term Substitute Teaching License at least 10 full 
    school days within one year of issuance. 
        (2)  A $150 application fee for individuals who have not 
    been entitled by an Illinois-approved educator preparation 
    program at an Illinois institution of higher education and 
    are seeking any of the licenses set forth in subdivision 
    (1) of this subsection (a).
        (3)  A $50 application fee for each endorsement or 
    approval.
        (4)  A $10 per year registration fee for the course of 
    the validity cycle to register the license, which shall be 
    paid to the regional office of education having supervision 
    and control over the school in which the individual holding 
    the license is to be employed.  If the individual holding 
    the license is not yet employed, then the license may be 
    registered in any county in this State.  The registration 
    fee must be paid in its entirety the first time the 
    individual registers the license for a particular validity 
    period in a single region. No additional fee may be charged 
    for that validity period should the individual 
    subsequently register the license in additional regions. 
    An individual must register the license (i) immediately 
    after initial issuance of the license and (ii) at the 
    beginning of each renewal cycle if the individual has 
    satisfied the renewal requirements required under this 
    Code.
        Beginning on July 1, 2017, at the beginning of each 
    renewal cycle, individuals who hold a Substitute Teaching 
    License may apply for a reimbursement of the registration 
    fee within 18 months of renewal and shall be issued that 
    reimbursement by the State Board of Education from funds 
    appropriated for that purpose if the licensee provides 
    evidence to the State Board of Education that the licensee 
    has taught pursuant to the Substitute Teaching License at 
    least 10 full school days within one year of renewal. 
        (5) The license renewal fee for an Educator License 
    with Stipulations with a paraprofessional educator 
    endorsement is $25. 
    (b) All application fees paid pursuant to subdivisions (1) 
through (3) of subsection (a) of this Section shall be 
deposited into the Teacher Certificate Fee Revolving Fund and 
shall be used, subject to appropriation, by the State Board of 
Education to provide the technology and human resources 
necessary for the timely and efficient processing of 
applications and for the renewal of licenses. Funds available 
from the Teacher Certificate Fee Revolving Fund may also be 
used by the State Board of Education to support the recruitment 
and retention of educators, to support educator preparation 
programs as they seek national accreditation, and to provide 
professional development aligned with the requirements set 
forth in Section 21B-45 of this Code. A majority of the funds 
in the Teacher Certificate Fee Revolving Fund must be dedicated 
to the timely and efficient processing of applications and for 
the renewal of licenses.  The Teacher Certificate Fee Revolving 
Fund is not subject to administrative charge transfers, 
authorized under Section 8h of the State Finance Act, from the 
Teacher Certificate Fee Revolving Fund into any other fund of 
this State, and moneys in the Teacher Certificate Fee Revolving 
Fund shall not revert back to the General Revenue Fund at any 
time.
    The regional superintendent of schools shall deposit the 
registration fees paid pursuant to subdivision (4) of 
subsection (a) of this Section into the institute fund 
established pursuant to Section 3-11 of this Code.
    (c)  The State Board of Education and each regional office 
of education are authorized to charge a service or convenience 
fee for the use of credit cards for the payment of license 
fees. This service or convenience fee shall not exceed the 
amount required by the credit card processing company or vendor 
that has entered into a contract with the State Board or 
regional office of education for this purpose, and the fee must 
be paid to that company or vendor.
    (d) If, at the time a certificate issued under Article 21 
of this Code is exchanged for a license issued under this 
Article, a person has paid registration fees for any years of 
the validity period of the certificate and these years have not 
expired when the certificate is exchanged, then those fees must 
be applied to the registration of the new license.

(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 
100-550, eff. 11-8-17; 100-596, eff. 7-1-18; 100-772, eff. 
8-10-18; revised 10-1-18.)
 
    (105 ILCS 5/21B-50)
    Sec. 21B-50. Alternative educator licensure program.
    (a)  There is established an alternative educator licensure 
program, to be known as the Alternative Educator Licensure 
Program for Teachers.
    (b)  The Alternative Educator Licensure Program for 
Teachers may be offered by a recognized institution approved to 
offer educator preparation programs by the State Board of 
Education, in consultation with the State Educator Preparation 
and Licensure Board.
    The program shall be comprised of 4 phases:
        (1) A course of study that at a minimum includes 
    instructional planning; instructional strategies, 
    including special education, reading, and English language 
    learning; classroom management; and the assessment of 
    students and use of data to drive instruction.
        (2) A year of residency, which is a candidate's 
    assignment to a full-time teaching position or as a 
    co-teacher for one full school year. An individual must 
    hold an Educator License with Stipulations with an 
    alternative provisional educator endorsement in order to 
    enter the residency and must complete additional program 
    requirements that address required State and national 
    standards, pass the State Board's teacher performance 
    assessment of professional teaching before entering the 
    second residency year, as required under phase (3) of this 
    subsection (b), and be recommended by the principal or 
    qualified equivalent of a principal, as required under 
    subsection (d) of this Section, and the program coordinator 
    to continue with the second year of the residency.
        (3) A second year of residency, which shall include the 
    candidate's assignment to a full-time teaching position 
    for one school year. The candidate must be assigned an 
    experienced teacher to act as a mentor and coach the 
    candidate through the second year of residency.
        (4) A comprehensive assessment of the candidate's 
    teaching effectiveness, as evaluated by the principal or 
    qualified equivalent of a principal, as required under 
    subsection (d) of this Section, and the program 
    coordinator, at the end of the second year of residency. If 
    there is disagreement between the 2 evaluators about the 
    candidate's teaching effectiveness, the candidate may 
    complete one additional year of residency teaching under a 
    professional development plan developed by the principal 
    or qualified equivalent and the preparation program.  At the 
    completion of the third year, a candidate must have 
    positive evaluations and a recommendation for full 
    licensure from both the principal or qualified equivalent 
    and the program coordinator or no Professional Educator 
    License shall be issued.
    Successful completion of the program shall be deemed to 
satisfy any other practice or student teaching and content 
matter requirements established by law.
    (c)  An alternative provisional  educator endorsement on an 
Educator License with Stipulations is valid for 2 years of 
teaching in the public schools, including without limitation a 
preschool educational program under Section 2-3.71 of this Code 
or charter school, or in a State-recognized nonpublic school in 
which the chief administrator is required to have the licensure 
necessary to be a principal in a public school in this State 
and in which a majority of the teachers are required to have 
the licensure necessary to be instructors in a public school in 
this State, but may be renewed for a third year if needed to 
complete the Alternative Educator Licensure Program for 
Teachers.  The endorsement shall be issued only once to an 
individual who meets all of the following requirements:
        (1)  Has graduated from a regionally accredited college 
    or university with a bachelor's degree or higher.
        (2)  Has a cumulative grade point average of 3.0 or 
    greater on a 4.0 scale or its equivalent on another scale.
        (3)  Has completed a major in the content area if 
    seeking a middle or secondary level endorsement or, if 
    seeking an early childhood, elementary, or special 
    education endorsement, has completed a major in the content 
    area of reading, English/language arts, mathematics, or 
    one of the sciences. If the individual does not have a 
    major in a content area for any level of teaching, he or 
    she must submit transcripts to the State Board of Education 
    to be reviewed for equivalency.
        (4)  Has successfully completed phase (1) of subsection 
    (b) of this Section.
        (5)  Has passed a test of basic skills and content area 
    test required for the specific endorsement for admission 
    into the program, as required under Section 21B-30 of this 
    Code.
    A candidate possessing the alternative provisional 
educator endorsement may receive a salary, benefits, and any 
other terms of employment offered to teachers in the school who 
are members of an exclusive bargaining representative, if any, 
but a school is not required to provide these benefits during 
the years of residency if the candidate is serving only as a 
co-teacher.  If the candidate is serving  as the teacher of 
record, the candidate must receive a salary, benefits, and any 
other terms of employment.  Residency experiences must not be 
counted towards tenure.
    (d)  The recognized institution offering the Alternative 
Educator Licensure Program for Teachers must partner with a 
school district, including without limitation a preschool 
educational program under Section 2-3.71 of this Code or 
charter school, or a State-recognized, nonpublic school in this 
State in which the chief administrator is required to have the 
licensure necessary to be a principal in a public school in 
this State and in which a majority of the teachers are required 
to have the licensure necessary to be instructors in a public 
school in this State. A recognized institution that partners 
with a public school district administering a preschool 
educational program under Section 2-3.71 of this Code must 
require a principal to recommend or evaluate candidates in the 
program. A recognized institution that partners with an 
eligible entity  administering a preschool educational program 
under Section 2-3.71 of this Code and that is not a public 
school district must require a principal or qualified 
equivalent of a principal to recommend or evaluate candidates 
in the program.  The program presented for approval by the State 
Board of Education must demonstrate the supports that are to be 
provided to assist the provisional teacher during the 2-year 
residency period. These supports must provide additional 
contact hours with mentors during the first year of residency.
    (e)  Upon completion of the 4 phases outlined in subsection 
(b) of this Section and all assessments required under Section 
21B-30 of this Code, an individual shall receive a Professional 
Educator License.
    (f)  The State Board of Education, in consultation with the 
State Educator Preparation and Licensure Board, may adopt such 
rules as may be necessary to establish and implement the 
Alternative Educator Licensure Program for Teachers.

(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18; 
100-822, eff. 1-1-19.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.