Bill Amendment: IL HB4173 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: EDUC-TRADE COURSES-METT

Status: 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4173 Detail]

Download: Illinois-2023-HB4173-House_Amendment_001.html

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Rep. Jed Davis

Filed: 2/20/2024

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AMENDMENT TO HOUSE BILL 4173
AMENDMENT NO. ______. Amend House Bill 4173 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing
Sections 2-3.25g and 21B-20 as follows:
(105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
Sec. 2-3.25g. Waiver or modification of mandates within
the School Code and administrative rules and regulations.
(a) In this Section:
"Board" means a school board or the governing board or
administrative district, as the case may be, for a joint
agreement.
"Eligible applicant" means a school district, joint
agreement made up of school districts, or regional
superintendent of schools on behalf of schools and
programs operated by the regional office of education.

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"Implementation date" has the meaning set forth in
Section 24A-2.5 of this Code.
"State Board" means the State Board of Education.
(b) Notwithstanding any other provisions of this School
Code or any other law of this State to the contrary, eligible
applicants may petition the State Board of Education for the
waiver or modification of the mandates of this School Code or
of the administrative rules and regulations promulgated by the
State Board of Education. Waivers or modifications of
administrative rules and regulations and modifications of
mandates of this School Code may be requested when an eligible
applicant demonstrates that it can address the intent of the
rule or mandate in a more effective, efficient, or economical
manner or when necessary to stimulate innovation or improve
student performance. Waivers of mandates of the School Code
may be requested when the waivers are necessary to stimulate
innovation or improve student performance or when the
applicant demonstrates that it can address the intent of the
mandate of the School Code in a more effective, efficient, or
economical manner.
Waivers may not be requested from laws, rules, and
regulations pertaining to special education, teacher educator
licensure, teacher tenure and seniority, or Section 5-2.1 of
this Code or from compliance with the Every Student Succeeds
Act (Public Law 114-95). Eligible applicants may not seek a
waiver or seek a modification of a mandate regarding the

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requirements for (i) student performance data to be a
significant factor in teacher or principal evaluations or (ii)
teachers and principals to be rated using the 4 categories of
"excellent", "proficient", "needs improvement", or
"unsatisfactory". On September 1, 2014, any previously
authorized waiver or modification from such requirements shall
terminate. A waiver pertaining to teacher educator licensure
may be granted only if there is a demonstrable desire of both
local businesses and trade unions or associations or other
organizations serving as representatives for tradespeople to
partner with an eligible applicant for trade education
courses, including, but not limited to, courses in any of the
following, and a demonstrable desire of students to have such
a partnership:
(1) Manufacturing.
(2) Fabrication.
(3) Welding.
(4) Vehicle mechanics.
(5) Carpentry.
(6) Masonry.
(7) Plumbing.
(8) Electrical work.
(c) Eligible applicants, as a matter of inherent
managerial policy, and any Independent Authority established
under Section 2-3.25f-5 of this Code may submit an application
for a waiver or modification authorized under this Section.

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Each application must include a written request by the
eligible applicant or Independent Authority and must
demonstrate that the intent of the mandate can be addressed in
a more effective, efficient, or economical manner or be based
upon a specific plan for improved student performance and
school improvement. Any eligible applicant requesting a waiver
or modification for the reason that intent of the mandate can
be addressed in a more economical manner shall include in the
application a fiscal analysis showing current expenditures on
the mandate and projected savings resulting from the waiver or
modification. Applications and plans developed by eligible
applicants must be approved by the board or regional
superintendent of schools applying on behalf of schools or
programs operated by the regional office of education
following a public hearing on the application and plan and the
opportunity for the board or regional superintendent to hear
testimony from staff directly involved in its implementation,
parents, and students. The time period for such testimony
shall be separate from the time period established by the
eligible applicant for public comment on other matters.
(c-5) If the applicant is a school district, then the
district shall post information that sets forth the time,
date, place, and general subject matter of the public hearing
on its Internet website at least 14 days prior to the hearing.
If the district is requesting to increase the fee charged for
driver education authorized pursuant to Section 27-24.2 of

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this Code, the website information shall include the proposed
amount of the fee the district will request. All school
districts must publish a notice of the public hearing at least
7 days prior to the hearing in a newspaper of general
circulation within the school district that sets forth the
time, date, place, and general subject matter of the hearing.
Districts requesting to increase the fee charged for driver
education shall include in the published notice the proposed
amount of the fee the district will request. If the applicant
is a joint agreement or regional superintendent, then the
joint agreement or regional superintendent shall post
information that sets forth the time, date, place, and general
subject matter of the public hearing on its Internet website
at least 14 days prior to the hearing. If the joint agreement
or regional superintendent is requesting to increase the fee
charged for driver education authorized pursuant to Section
27-24.2 of this Code, the website information shall include
the proposed amount of the fee the applicant will request. All
joint agreements and regional superintendents must publish a
notice of the public hearing at least 7 days prior to the
hearing in a newspaper of general circulation in each school
district that is a member of the joint agreement or that is
served by the educational service region that sets forth the
time, date, place, and general subject matter of the hearing,
provided that a notice appearing in a newspaper generally
circulated in more than one school district shall be deemed to

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fulfill this requirement with respect to all of the affected
districts. Joint agreements or regional superintendents
requesting to increase the fee charged for driver education
shall include in the published notice the proposed amount of
the fee the applicant will request. The eligible applicant
must notify either electronically or in writing the affected
exclusive collective bargaining agent and those State
legislators representing the eligible applicant's territory of
its intent to seek approval of a waiver or modification and of
the hearing to be held to take testimony from staff. The
affected exclusive collective bargaining agents shall be
notified of such public hearing at least 7 days prior to the
date of the hearing and shall be allowed to attend such public
hearing. The eligible applicant shall attest to compliance
with all of the notification and procedural requirements set
forth in this Section.
(d) A request for a waiver or modification of
administrative rules and regulations or for a modification of
mandates contained in this School Code shall be submitted to
the State Board of Education within 15 days after approval by
the board or regional superintendent of schools. The
application as submitted to the State Board of Education shall
include a description of the public hearing. Following receipt
of the waiver or modification request, the State Board shall
have 45 days to review the application and request. If the
State Board fails to disapprove the application within that

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45-day period, the waiver or modification shall be deemed
granted. The State Board may disapprove any request if it is
not based upon sound educational practices, endangers the
health or safety of students or staff, compromises equal
opportunities for learning, or fails to demonstrate that the
intent of the rule or mandate can be addressed in a more
effective, efficient, or economical manner or have improved
student performance as a primary goal. Any request disapproved
by the State Board may be appealed to the General Assembly by
the eligible applicant as outlined in this Section.
A request for a waiver from mandates contained in this
School Code shall be submitted to the State Board within 15
days after approval by the board or regional superintendent of
schools. The application as submitted to the State Board of
Education shall include a description of the public hearing.
The description shall include, but need not be limited to, the
means of notice, the number of people in attendance, the
number of people who spoke as proponents or opponents of the
waiver, a brief description of their comments, and whether
there were any written statements submitted. The State Board
shall review the applications and requests for completeness
and shall compile the requests in reports to be filed with the
General Assembly. The State Board shall file reports outlining
the waivers requested by eligible applicants and appeals by
eligible applicants of requests disapproved by the State Board
with the Senate and the House of Representatives before each

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March 1 and October 1.
The report shall be reviewed by a panel of 4 members
consisting of:
(1) the Speaker of the House of Representatives;
(2) the Minority Leader of the House of
Representatives;
(3) the President of the Senate; and
(4) the Minority Leader of the Senate.
The State Board of Education may provide the panel
recommendations on waiver requests. The members of the panel
shall review the report submitted by the State Board of
Education and submit to the State Board of Education any
notice of further consideration to any waiver request within
14 days after the member receives the report. If 3 or more of
the panel members submit a notice of further consideration to
any waiver request contained within the report, the State
Board of Education shall submit the waiver request to the
General Assembly for consideration. If less than 3 panel
members submit a notice of further consideration to a waiver
request, the waiver may be approved, denied, or modified by
the State Board. If the State Board does not act on a waiver
request within 10 days, then the waiver request is approved.
If the waiver request is denied by the State Board, it shall
submit the waiver request to the General Assembly for
consideration.
The General Assembly may disapprove any waiver request

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submitted to the General Assembly pursuant to this subsection
(d) in whole or in part within 60 calendar days after each
house of the General Assembly next convenes after the waiver
request is submitted by adoption of a resolution by a record
vote of the majority of members elected in each house. If the
General Assembly fails to disapprove any waiver request or
appealed request within such 60-day period, the waiver or
modification shall be deemed granted. Any resolution adopted
by the General Assembly disapproving a report of the State
Board in whole or in part shall be binding on the State Board.
(e) An approved waiver or modification may remain in
effect for a period not to exceed 5 school years and may be
renewed upon application by the eligible applicant. However,
such waiver or modification may be changed within that 5-year
period by a board or regional superintendent of schools
applying on behalf of schools or programs operated by the
regional office of education following the procedure as set
forth in this Section for the initial waiver or modification
request. If neither the State Board of Education nor the
General Assembly disapproves, the change is deemed granted.
(f) (Blank).
(Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19;
101-81, eff. 7-12-19.)
(105 ILCS 5/21B-20)
Sec. 21B-20. Types of licenses. The State Board of

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Education shall implement a system of educator licensure,
whereby individuals employed in school districts who are
required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) an
educator license with stipulations; (iii) a substitute
teaching license; or (iv) until June 30, 2028, a short-term
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including, without limitation,
children with learning disabilities, (iv) have

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successfully completed coursework in methods of reading
and reading in the content area, and (v) have met all other
criteria established by rule of the State Board of
Education shall be issued a Professional Educator License.
All Professional Educator Licenses are valid until June 30
immediately following 5 years of the license being issued.
The Professional Educator License shall be endorsed with
specific areas and grade levels in which the individual is
eligible to practice. For an early childhood education
endorsement, an individual may satisfy the student
teaching requirement of his or her early childhood teacher
preparation program through placement in a setting with
children from birth through grade 2, and the individual
may be paid and receive credit while student teaching. The
student teaching experience must meet the requirements of
and be approved by the individual's early childhood
teacher preparation program.
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area and passage of the applicable
content area test, unless otherwise specified by rule.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator

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program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) (Blank).
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a content area test, as required
under Section 21B-30 of this Code.
The alternative provisional educator endorsement is
valid for 2 years of teaching and may be renewed for a
third year by an individual meeting the requirements set
forth in Section 21B-50 of this Code.

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(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a content area test required under
Section 21B-30 of this Code.
The endorsement is valid for 2 fiscal years in
order to complete one full year of serving as a
superintendent or assistant superintendent.
(D) (Blank).
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License

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with Stipulations may be issued to an applicant who
has a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
or an accredited trade and technical institution and
has a minimum of 2,000 hours of experience outside of
education in each area to be taught.
The career and technical educator endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed.
An individual who holds a valid career and
technical educator endorsement on an Educator License
with Stipulations but does not hold a bachelor's
degree may substitute teach in career and technical
education classrooms.
(F) (Blank).
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets
all of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is

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offered.
(ii) Has the ability to successfully
communicate in English.
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12,
is valid until June 30 immediately following 5 years
of the endorsement being issued, and shall not be
renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an

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individual who holds an Educator License with
Stipulations may also apply for a language
endorsement, provided that the applicant provides
satisfactory evidence that he or she meets all of the
following requirements:
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) (Blank).
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator

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endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of
the following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of

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Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 5
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
(i) holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education; (ii) has passed a
paraprofessional competency test under subsection
(c-5) of Section 21B-30; or (iii) is at least 18 years
of age and will be using the Educator License with
Stipulations exclusively for grades prekindergarten
through grade 8, until the individual reaches the age
of 19 years and otherwise meets the criteria for a
paraprofessional educator endorsement pursuant to this
subparagraph (J). The paraprofessional educator
endorsement is valid until June 30 immediately
following 5 years of the endorsement being issued and
may be renewed through application and payment of the
appropriate fee, as required under Section 21B-40 of
this Code. An individual who holds only a
paraprofessional educator endorsement is not subject

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to additional requirements in order to renew the
endorsement.
(K) Chief school business official. A chief school
business official endorsement on an Educator License
with Stipulations may be issued to an applicant who
qualifies by having a master's degree or higher, 2
years of full-time administrative experience in school
business management or 2 years of university-approved
practical experience, and a minimum of 24 semester
hours of graduate credit in a program approved by the
State Board of Education for the preparation of school
business administrators and by passage of the
applicable State tests, including an applicable
content area test.
The chief school business official endorsement may
also be affixed to the Educator License with
Stipulations of any holder who qualifies by having a
master's degree in business administration, finance,
accounting, or public administration and who completes
an additional 6 semester hours of internship in school
business management from a regionally accredited
institution of higher education and passes the
applicable State tests, including an applicable
content area test. This endorsement shall be required
for any individual employed as a chief school business
official.

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The chief school business official endorsement on
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
license holder completes renewal requirements as
required for individuals who hold a Professional
Educator License endorsed for chief school business
official under Section 21B-45 of this Code and such
rules as may be adopted by the State Board of
Education.
The State Board of Education shall adopt any rules
necessary to implement Public Act 100-288.
(L) Provisional in-state educator. A provisional
in-state educator endorsement on an Educator License
with Stipulations may be issued to a candidate who has
completed an Illinois-approved educator preparation
program at an Illinois institution of higher education
and who has not successfully completed an
evidence-based assessment of teacher effectiveness but
who meets all of the following requirements:
(i) Holds at least a bachelor's degree.
(ii) Has completed an approved educator
preparation program at an Illinois institution.
(iii) Has passed an applicable content area
test, as required by Section 21B-30 of this Code.
(iv) Has attempted an evidence-based

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assessment of teacher effectiveness and received a
minimum score on that assessment, as established
by the State Board of Education in consultation
with the State Educator Preparation and Licensure
Board.
A provisional in-state educator endorsement on an
Educator License with Stipulations is valid for one
full fiscal year after the date of issuance and may not
be renewed.
(M) (Blank).
(N) Specialized services. A specialized services
endorsement on an Educator License with Stipulations
may be issued as defined and specified by rule.
(O) Provisional career and technical educator. A
provisional career and technical educator endorsement
on an Educator License with Stipulations may be issued
to an applicant who has a minimum of 8,000 hours of
work experience in the skill for which the applicant
is seeking the endorsement. Each employing school
board and regional office of education shall provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available to teach and that actual

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circumstances require such issuance. However, the
employing school board or regional office of
education, as part of providing verification, does not
have to conduct a prior search for a qualified teacher
holding a Professional Educator License or an Educator
License with Stipulations with a career and technical
educator endorsement.
A provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years
of the endorsement being issued and may be renewed.
An individual who holds a provisional career and
technical educator endorsement on an Educator License
with Stipulations may teach as a substitute teacher in
career and technical education classrooms.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's
degree or higher from a regionally accredited institution
of higher education or must be enrolled in an approved
educator preparation program in this State and have earned
at least 90 credit hours.
Substitute Teaching Licenses are valid for 5 years.

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Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked,
then that individual is not eligible to obtain a
Substitute Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a
district may employ a substitute teacher for no longer
than 30 calendar days per each vacant position in the
district if the district notifies the appropriate regional
office of education within 5 business days after the
employment of the substitute teacher in that vacant
position. A district may continue to employ that same
substitute teacher in that same vacant position for 90
calendar days or until the end of the semester, whichever
is greater, if, prior to the expiration of the
30-calendar-day period then current, the district files a
written request with the appropriate regional office of
education for a 30-calendar-day extension on the basis
that the position remains vacant and the district
continues to actively seek qualified candidates and
provides documentation that it has provided training
specific to the position, including training on meeting

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the needs of students with disabilities and English
learners if applicable. Each extension request shall be
granted in writing by the regional office of education. An
emergency situation is one in which an unforeseen vacancy
has occurred and (i) a teacher is unexpectedly unable to
fulfill his or her contractual duties or (ii) teacher
capacity needs of the district exceed previous indications
or vacancies are unfilled due to a lack of qualified
candidates, and the district is actively engaged in
advertising to hire a fully licensed teacher for the
vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 120 days beginning with the 2021-2022 school year
through the 2022-2023 school year, otherwise 90 school
days for any one licensed teacher under contract in the
same school year. A substitute teacher who holds a
Professional Educator License or Educator License with
Stipulations shall not teach for more than 120 school days
for any one licensed teacher under contract in the same
school year. The limitations in this paragraph (3) on the
number of days a substitute teacher may be employed do not
apply to any school district operating under Article 34 of
this Code.
A school district may not require an individual who

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holds a valid Professional Educator License or Educator
License with Stipulations to seek or hold a Substitute
Teaching License to teach as a substitute teacher.
(4) Short-Term Substitute Teaching License. Beginning
on July 1, 2018 and until June 30, 2028, applicants may
apply to the State Board of Education for issuance of a
Short-Term Substitute Teaching License. A Short-Term
Substitute Teaching License may be issued to a qualified
applicant for substitute teaching in all grades of the
public schools, prekindergarten through grade 12.
Short-Term Substitute Teaching Licenses are not eligible
for endorsements. Applicants for a Short-Term Substitute
Teaching License must hold an associate's degree or have
completed at least 60 credit hours from a regionally
accredited institution of higher education.
Short-Term Substitute Teaching Licenses are valid for
substitute teaching in every county of this State. If an
individual has had his or her Professional Educator
License or Educator License with Stipulations suspended or
revoked, then that individual is not eligible to obtain a
Short-Term Substitute Teaching License.
The provisions of Sections 10-21.9 and 34-18.5 of this
Code apply to short-term substitute teachers.
An individual holding a Short-Term Substitute Teaching
License may teach no more than 15 consecutive days per
licensed teacher who is under contract. For teacher

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