Rep. Jed Davis
Filed: 2/20/2024
 
 
 




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1
AMENDMENT TO HOUSE BILL 4173 


2 AMENDMENT NO. ______. Amend House Bill 4173 by replacing 
3everything after the enacting clause with the following:

4 "Section 5. The School Code is amended by changing 
5Sections 2-3.25g and 21B-20 as follows:

6 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)
7 Sec. 2-3.25g. Waiver or modification of mandates within 
8the School Code and administrative rules and regulations. 
9 (a) In this Section:
10  "Board" means a school board or the governing board or 
11 administrative district, as the case may be, for a joint 
12 agreement.
13  "Eligible applicant" means a school district, joint 
14 agreement made up of school districts, or regional 
15 superintendent of schools on behalf of schools and 
16 programs operated by the regional office of education. 
 
 
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1  "Implementation date" has the meaning set forth in 
2 Section 24A-2.5 of this Code. 
3  "State Board" means the State Board of Education. 
4 (b) Notwithstanding any other provisions of this School 
5Code or any other law of this State to the contrary, eligible 
6applicants may petition the State Board of Education for the 
7waiver or modification of the mandates of this School Code or 
8of the administrative rules and regulations promulgated by the 
9State Board of Education. Waivers or modifications of 
10administrative rules and regulations and modifications of 
11mandates of this School Code may be requested when an eligible 
12applicant demonstrates that it can address the intent of the 
13rule or mandate in a more effective, efficient, or economical 
14manner or when necessary to stimulate innovation or improve 
15student performance. Waivers of mandates of the School Code 
16may be requested when the waivers are necessary to stimulate 
17innovation or improve student performance or when the 
18applicant demonstrates that it can address the intent of the 
19mandate of the School Code in a more effective, efficient, or 
20economical manner. 
21 Waivers may not be requested from laws, rules, and 
22regulations pertaining to special education, teacher educator 
23licensure, teacher tenure and seniority, or Section 5-2.1 of 
24this Code or from compliance with the Every Student Succeeds 
25Act (Public Law 114-95). Eligible applicants may not seek a 
26waiver or seek a modification of a mandate regarding the 
 
 
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1requirements for (i) student performance data to be a 
2significant factor in teacher or principal evaluations or (ii) 
3teachers and principals to be rated using the 4 categories of 
4"excellent", "proficient", "needs improvement", or 
5"unsatisfactory". On September 1, 2014, any previously 
6authorized waiver or modification from such requirements shall 
7terminate. A waiver pertaining to teacher educator licensure 
8may be granted only if there is a demonstrable desire of both 
9local businesses and trade unions or associations or other 
10organizations serving as representatives for tradespeople to 
11partner with an eligible applicant for trade education 
12courses, including, but not limited to, courses in any of the 
13following, and a demonstrable desire of students to have such 
14a partnership: 
15  (1) Manufacturing.
16  (2) Fabrication.
17  (3) Welding.
18  (4) Vehicle mechanics.
19  (5) Carpentry.
20  (6) Masonry.
21  (7) Plumbing.
22  (8) Electrical work. 
23 (c) Eligible applicants, as a matter of inherent 
24managerial policy, and any Independent Authority established 
25under Section 2-3.25f-5 of this Code may submit an application 
26for a waiver or modification authorized under this Section. 
 
 
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1Each application must include a written request by the 
2eligible applicant or Independent Authority and must 
3demonstrate that the intent of the mandate can be addressed in 
4a more effective, efficient, or economical manner or be based 
5upon a specific plan for improved student performance and 
6school improvement. Any eligible applicant requesting a waiver 
7or modification for the reason that intent of the mandate can 
8be addressed in a more economical manner shall include in the 
9application a fiscal analysis showing current expenditures on 
10the mandate and projected savings resulting from the waiver or 
11modification. Applications and plans developed by eligible 
12applicants must be approved by the board or regional 
13superintendent of schools applying on behalf of schools or 
14programs operated by the regional office of education 
15following a public hearing on the application and plan and the 
16opportunity for the board or regional superintendent to hear 
17testimony from staff directly involved in its implementation, 
18parents, and students. The time period for such testimony 
19shall be separate from the time period established by the 
20eligible applicant for public comment on other matters.
21 (c-5) If the applicant is a school district, then the 
22district shall post information that sets forth the time, 
23date, place, and general subject matter of the public hearing 
24on its Internet website at least 14 days prior to the hearing. 
25If the district is requesting to increase the fee charged for 
26driver education authorized pursuant to Section 27-24.2 of 
 
 
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1this Code, the website information shall include the proposed 
2amount of the fee the district will request. All school 
3districts must publish a notice of the public hearing at least 
47 days prior to the hearing in a newspaper of general 
5circulation within the school district that sets forth the 
6time, date, place, and general subject matter of the hearing. 
7Districts requesting to increase the fee charged for driver 
8education shall include in the published notice the proposed 
9amount of the fee the district will request. If the applicant 
10is a joint agreement or regional superintendent, then the 
11joint agreement or regional superintendent shall post 
12information that sets forth the time, date, place, and general 
13subject matter of the public hearing on its Internet website 
14at least 14 days prior to the hearing. If the joint agreement 
15or regional superintendent is requesting to increase the fee 
16charged for driver education authorized pursuant to Section 
1727-24.2 of this Code, the website information shall include 
18the proposed amount of the fee the applicant will request. All 
19joint agreements and regional superintendents must publish a 
20notice of the public hearing at least 7 days prior to the 
21hearing in a newspaper of general circulation in each school 
22district that is a member of the joint agreement or that is 
23served by the educational service region that sets forth the 
24time, date, place, and general subject matter of the hearing, 
25provided that a notice appearing in a newspaper generally 
26circulated in more than one school district shall be deemed to 
 
 
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1fulfill this requirement with respect to all of the affected 
2districts. Joint agreements or regional superintendents 
3requesting to increase the fee charged for driver education 
4shall include in the published notice the proposed amount of 
5the fee the applicant will request. The eligible applicant 
6must notify either electronically or in writing the affected 
7exclusive collective bargaining agent and those State 
8legislators representing the eligible applicant's territory of 
9its intent to seek approval of a waiver or modification and of 
10the hearing to be held to take testimony from staff. The 
11affected exclusive collective bargaining agents shall be 
12notified of such public hearing at least 7 days prior to the 
13date of the hearing and shall be allowed to attend such public 
14hearing. The eligible applicant shall attest to compliance 
15with all of the notification and procedural requirements set 
16forth in this Section.
17 (d) A request for a waiver or modification of 
18administrative rules and regulations or for a modification of 
19mandates contained in this School Code shall be submitted to 
20the State Board of Education within 15 days after approval by 
21the board or regional superintendent of schools. The 
22application as submitted to the State Board of Education shall 
23include a description of the public hearing. Following receipt 
24of the waiver or modification request, the State Board shall 
25have 45 days to review the application and request. If the 
26State Board fails to disapprove the application within that 
 
 
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145-day period, the waiver or modification shall be deemed 
2granted. The State Board may disapprove any request if it is 
3not based upon sound educational practices, endangers the 
4health or safety of students or staff, compromises equal 
5opportunities for learning, or fails to demonstrate that the 
6intent of the rule or mandate can be addressed in a more 
7effective, efficient, or economical manner or have improved 
8student performance as a primary goal. Any request disapproved 
9by the State Board may be appealed to the General Assembly by 
10the eligible applicant as outlined in this Section. 
11 A request for a waiver from mandates contained in this 
12School Code shall be submitted to the State Board within 15 
13days after approval by the board or regional superintendent of 
14schools. The application as submitted to the State Board of 
15Education shall include a description of the public hearing. 
16The description shall include, but need not be limited to, the 
17means of notice, the number of people in attendance, the 
18number of people who spoke as proponents or opponents of the 
19waiver, a brief description of their comments, and whether 
20there were any written statements submitted. The State Board 
21shall review the applications and requests for completeness 
22and shall compile the requests in reports to be filed with the 
23General Assembly. The State Board shall file reports outlining 
24the waivers requested by eligible applicants and appeals by 
25eligible applicants of requests disapproved by the State Board 
26with the Senate and the House of Representatives before each 
 
 
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1March 1 and October 1.
2 The report shall be reviewed by a panel of 4 members 
3consisting of:
4  (1) the Speaker of the House of Representatives;
5  (2) the Minority Leader of the House of 
6 Representatives;
7  (3) the President of the Senate; and
8  (4) the Minority Leader of the Senate.
9The State Board of Education may provide the panel 
10recommendations on waiver requests. The members of the panel 
11shall review the report submitted by the State Board of 
12Education and submit to the State Board of Education any 
13notice of further consideration to any waiver request within 
1414 days after the member receives the report. If 3 or more of 
15the panel members submit a notice of further consideration to 
16any waiver request contained within the report, the State 
17Board of Education shall submit the waiver request to the 
18General Assembly for consideration. If less than 3 panel 
19members submit a notice of further consideration to a waiver 
20request, the waiver may be approved, denied, or modified by 
21the State Board. If the State Board does not act on a waiver 
22request within 10 days, then the waiver request is approved. 
23If the waiver request is denied by the State Board, it shall 
24submit the waiver request to the General Assembly for 
25consideration.
26 The General Assembly may disapprove any waiver request 
 
 
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1submitted to the General Assembly pursuant to this subsection 
2(d) in whole or in part within 60 calendar days after each 
3house of the General Assembly next convenes after the waiver 
4request is submitted by adoption of a resolution by a record 
5vote of the majority of members elected in each house. If the 
6General Assembly fails to disapprove any waiver request or 
7appealed request within such 60-day period, the waiver or 
8modification shall be deemed granted. Any resolution adopted 
9by the General Assembly disapproving a report of the State 
10Board in whole or in part shall be binding on the State Board.
11 (e) An approved waiver or modification may remain in 
12effect for a period not to exceed 5 school years and may be 
13renewed upon application by the eligible applicant. However, 
14such waiver or modification may be changed within that 5-year 
15period by a board or regional superintendent of schools 
16applying on behalf of schools or programs operated by the 
17regional office of education following the procedure as set 
18forth in this Section for the initial waiver or modification 
19request. If neither the State Board of Education nor the 
20General Assembly disapproves, the change is deemed granted. 
21 (f) (Blank).
22(Source: P.A. 100-465, eff. 8-31-17; 100-782, eff. 1-1-19; 
23101-81, eff. 7-12-19.)

24 (105 ILCS 5/21B-20)
25 Sec. 21B-20. Types of licenses. The State Board of 
 
 
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1Education shall implement a system of educator licensure, 
2whereby individuals employed in school districts who are 
3required to be licensed must have one of the following 
4licenses: (i) a professional educator license; (ii) an 
5educator license with stipulations; (iii) a substitute 
6teaching license; or (iv) until June 30, 2028, a short-term 
7substitute teaching license. References in law regarding 
8individuals certified or certificated or required to be 
9certified or certificated under Article 21 of this Code shall 
10also include individuals licensed or required to be licensed 
11under this Article. The first year of all licenses ends on June 
1230 following one full year of the license being issued.
13 The State Board of Education, in consultation with the 
14State Educator Preparation and Licensure Board, may adopt such 
15rules as may be necessary to govern the requirements for 
16licenses and endorsements under this Section. 
17  (1) Professional Educator License. Persons who (i) 
18 have successfully completed an approved educator 
19 preparation program and are recommended for licensure by 
20 the Illinois institution offering the educator preparation 
21 program, (ii) have successfully completed the required 
22 testing under Section 21B-30 of this Code, (iii) have 
23 successfully completed coursework on the psychology of, 
24 the identification of, and the methods of instruction for 
25 the exceptional child, including, without limitation, 
26 children with learning disabilities, (iv) have 
 
 
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1 successfully completed coursework in methods of reading 
2 and reading in the content area, and (v) have met all other 
3 criteria established by rule of the State Board of 
4 Education shall be issued a Professional Educator License. 
5 All Professional Educator Licenses are valid until June 30 
6 immediately following 5 years of the license being issued. 
7 The Professional Educator License shall be endorsed with 
8 specific areas and grade levels in which the individual is 
9 eligible to practice. For an early childhood education 
10 endorsement, an individual may satisfy the student 
11 teaching requirement of his or her early childhood teacher 
12 preparation program through placement in a setting with 
13 children from birth through grade 2, and the individual 
14 may be paid and receive credit while student teaching. The 
15 student teaching experience must meet the requirements of 
16 and be approved by the individual's early childhood 
17 teacher preparation program.
18  Individuals can receive subsequent endorsements on the 
19 Professional Educator License. Subsequent endorsements 
20 shall require a minimum of 24 semester hours of coursework 
21 in the endorsement area and passage of the applicable 
22 content area test, unless otherwise specified by rule.
23  (2) Educator License with Stipulations. An Educator 
24 License with Stipulations shall be issued an endorsement 
25 that limits the license holder to one particular position 
26 or does not require completion of an approved educator 
 
 
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1 program or both.
2  An individual with an Educator License with 
3 Stipulations must not be employed by a school district or 
4 any other entity to replace any presently employed teacher 
5 who otherwise would not be replaced for any reason.
6  An Educator License with Stipulations may be issued 
7 with the following endorsements:
8   (A) (Blank). 
9   (B) Alternative provisional educator. An 
10 alternative provisional educator endorsement on an 
11 Educator License with Stipulations may be issued to an 
12 applicant who, at the time of applying for the 
13 endorsement, has done all of the following:
14    (i) Graduated from a regionally accredited 
15 college or university with a minimum of a 
16 bachelor's degree.
17    (ii) Successfully completed the first phase of 
18 the Alternative Educator Licensure Program for 
19 Teachers, as described in Section 21B-50 of this 
20 Code.
21    (iii) Passed a content area test, as required 
22 under Section 21B-30 of this Code.
23  The alternative provisional educator endorsement is 
24 valid for 2 years of teaching and may be renewed for a 
25 third year by an individual meeting the requirements set 
26 forth in Section 21B-50 of this Code. 
 
 
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1   (C) Alternative provisional superintendent. An 
2 alternative provisional superintendent endorsement on 
3 an Educator License with Stipulations entitles the 
4 holder to serve only as a superintendent or assistant 
5 superintendent in a school district's central office. 
6 This endorsement may only be issued to an applicant 
7 who, at the time of applying for the endorsement, has 
8 done all of the following:
9    (i) Graduated from a regionally accredited 
10 college or university with a minimum of a master's 
11 degree in a management field other than education.
12    (ii) Been employed for a period of at least 5 
13 years in a management level position in a field 
14 other than education.
15    (iii) Successfully completed the first phase 
16 of an alternative route to superintendent 
17 endorsement program, as provided in Section 21B-55 
18 of this Code.
19    (iv) Passed a content area test required under 
20 Section 21B-30 of this Code.
21   The endorsement is valid for 2 fiscal years in 
22 order to complete one full year of serving as a 
23 superintendent or assistant superintendent.
24   (D) (Blank).
25   (E) Career and technical educator. A career and 
26 technical educator endorsement on an Educator License 
 
 
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1 with Stipulations may be issued to an applicant who 
2 has a minimum of 60 semester hours of coursework from a 
3 regionally accredited institution of higher education 
4 or an accredited trade and technical institution and 
5 has a minimum of 2,000 hours of experience outside of 
6 education in each area to be taught.
7   The career and technical educator endorsement on 
8 an Educator License with Stipulations is valid until 
9 June 30 immediately following 5 years of the 
10 endorsement being issued and may be renewed.
11   An individual who holds a valid career and 
12 technical educator endorsement on an Educator License 
13 with Stipulations but does not hold a bachelor's 
14 degree may substitute teach in career and technical 
15 education classrooms. 
16   (F) (Blank).
17   (G) Transitional bilingual educator. A 
18 transitional bilingual educator endorsement on an 
19 Educator License with Stipulations may be issued for 
20 the purpose of providing instruction in accordance 
21 with Article 14C of this Code to an applicant who 
22 provides satisfactory evidence that he or she meets 
23 all of the following requirements:
24    (i) Possesses adequate speaking, reading, and 
25 writing ability in the language other than English 
26 in which transitional bilingual education is 
 
 
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1 offered.
2    (ii) Has the ability to successfully 
3 communicate in English.
4    (iii) Either possessed, within 5 years 
5 previous to his or her applying for a transitional 
6 bilingual educator endorsement, a valid and 
7 comparable teaching certificate or comparable 
8 authorization issued by a foreign country or holds 
9 a degree from an institution of higher learning in 
10 a foreign country that the State Educator 
11 Preparation and Licensure Board determines to be 
12 the equivalent of a bachelor's degree from a 
13 regionally accredited institution of higher 
14 learning in the United States.
15   A transitional bilingual educator endorsement 
16 shall be valid for prekindergarten through grade 12, 
17 is valid until June 30 immediately following 5 years 
18 of the endorsement being issued, and shall not be 
19 renewed.
20   Persons holding a transitional bilingual educator 
21 endorsement shall not be employed to replace any 
22 presently employed teacher who otherwise would not be 
23 replaced for any reason. 
24   (H) Language endorsement. In an effort to 
25 alleviate the shortage of teachers speaking a language 
26 other than English in the public schools, an 
 
 
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1 individual who holds an Educator License with 
2 Stipulations may also apply for a language 
3 endorsement, provided that the applicant provides 
4 satisfactory evidence that he or she meets all of the 
5 following requirements:
6    (i) Holds a transitional bilingual 
7 endorsement. 
8    (ii) Has demonstrated proficiency in the 
9 language for which the endorsement is to be issued 
10 by passing the applicable language content test 
11 required by the State Board of Education.
12    (iii) Holds a bachelor's degree or higher from 
13 a regionally accredited institution of higher 
14 education or, for individuals educated in a 
15 country other than the United States, holds a 
16 degree from an institution of higher learning in a 
17 foreign country that the State Educator 
18 Preparation and Licensure Board determines to be 
19 the equivalent of a bachelor's degree from a 
20 regionally accredited institution of higher 
21 learning in the United States.
22    (iv) (Blank).
23   A language endorsement on an Educator License with 
24 Stipulations is valid for prekindergarten through 
25 grade 12 for the same validity period as the 
26 individual's transitional bilingual educator 
 
 
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1 endorsement on the Educator License with Stipulations 
2 and shall not be renewed.
3   (I) Visiting international educator. A visiting 
4 international educator endorsement on an Educator 
5 License with Stipulations may be issued to an 
6 individual who is being recruited by a particular 
7 school district that conducts formal recruitment 
8 programs outside of the United States to secure the 
9 services of qualified teachers and who meets all of 
10 the following requirements:
11    (i) Holds the equivalent of a minimum of a 
12 bachelor's degree issued in the United States.
13    (ii) Has been prepared as a teacher at the 
14 grade level for which he or she will be employed.
15    (iii) Has adequate content knowledge in the 
16 subject to be taught.
17    (iv) Has an adequate command of the English 
18 language.
19   A holder of a visiting international educator 
20 endorsement on an Educator License with Stipulations 
21 shall be permitted to teach in bilingual education 
22 programs in the language that was the medium of 
23 instruction in his or her teacher preparation program, 
24 provided that he or she passes the English Language 
25 Proficiency Examination or another test of writing 
26 skills in English identified by the State Board of 
 
 
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1 Education, in consultation with the State Educator 
2 Preparation and Licensure Board.
3   A visiting international educator endorsement on 
4 an Educator License with Stipulations is valid for 5 
5 years and shall not be renewed.
6   (J) Paraprofessional educator. A paraprofessional 
7 educator endorsement on an Educator License with 
8 Stipulations may be issued to an applicant who holds a 
9 high school diploma or its recognized equivalent and 
10 (i) holds an associate's degree or a minimum of 60 
11 semester hours of credit from a regionally accredited 
12 institution of higher education; (ii) has passed a 
13 paraprofessional competency test under subsection 
14 (c-5) of Section 21B-30; or (iii) is at least 18 years 
15 of age and will be using the Educator License with 
16 Stipulations exclusively for grades prekindergarten 
17 through grade 8, until the individual reaches the age 
18 of 19 years and otherwise meets the criteria for a 
19 paraprofessional educator endorsement pursuant to this 
20 subparagraph (J). The paraprofessional educator 
21 endorsement is valid until June 30 immediately 
22 following 5 years of the endorsement being issued and 
23 may be renewed through application and payment of the 
24 appropriate fee, as required under Section 21B-40 of 
25 this Code. An individual who holds only a 
26 paraprofessional educator endorsement is not subject 
 
 
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1 to additional requirements in order to renew the 
2 endorsement.
3   (K) Chief school business official. A chief school 
4 business official endorsement on an Educator License 
5 with Stipulations may be issued to an applicant who 
6 qualifies by having a master's degree or higher, 2 
7 years of full-time administrative experience in school 
8 business management or 2 years of university-approved 
9 practical experience, and a minimum of 24 semester 
10 hours of graduate credit in a program approved by the 
11 State Board of Education for the preparation of school 
12 business administrators and by passage of the 
13 applicable State tests, including an applicable 
14 content area test. 
15   The chief school business official endorsement may 
16 also be affixed to the Educator License with 
17 Stipulations of any holder who qualifies by having a 
18 master's degree in business administration, finance, 
19 accounting, or public administration and who completes 
20 an additional 6 semester hours of internship in school 
21 business management from a regionally accredited 
22 institution of higher education and passes the 
23 applicable State tests, including an applicable 
24 content area test. This endorsement shall be required 
25 for any individual employed as a chief school business 
26 official. 
 
 
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1   The chief school business official endorsement on 
2 an Educator License with Stipulations is valid until 
3 June 30 immediately following 5 years of the 
4 endorsement being issued and may be renewed if the 
5 license holder completes renewal requirements as 
6 required for individuals who hold a Professional 
7 Educator License endorsed for chief school business 
8 official under Section 21B-45 of this Code and such 
9 rules as may be adopted by the State Board of 
10 Education. 
11   The State Board of Education shall adopt any rules 
12 necessary to implement Public Act 100-288.
13   (L) Provisional in-state educator. A provisional 
14 in-state educator endorsement on an Educator License 
15 with Stipulations may be issued to a candidate who has 
16 completed an Illinois-approved educator preparation 
17 program at an Illinois institution of higher education 
18 and who has not successfully completed an 
19 evidence-based assessment of teacher effectiveness but 
20 who meets all of the following requirements: 
21    (i) Holds at least a bachelor's degree.
22    (ii) Has completed an approved educator 
23 preparation program at an Illinois institution.
24    (iii) Has passed an applicable content area 
25 test, as required by Section 21B-30 of this Code.
26    (iv) Has attempted an evidence-based 
 
 
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1 assessment of teacher effectiveness and received a 
2 minimum score on that assessment, as established 
3 by the State Board of Education in consultation 
4 with the State Educator Preparation and Licensure 
5 Board.
6   A provisional in-state educator endorsement on an 
7 Educator License with Stipulations is valid for one 
8 full fiscal year after the date of issuance and may not 
9 be renewed.
10   (M) (Blank).
11   (N) Specialized services. A specialized services 
12 endorsement on an Educator License with Stipulations 
13 may be issued as defined and specified by rule. 
14   (O) Provisional career and technical educator. A 
15 provisional career and technical educator endorsement 
16 on an Educator License with Stipulations may be issued 
17 to an applicant who has a minimum of 8,000 hours of 
18 work experience in the skill for which the applicant 
19 is seeking the endorsement. Each employing school 
20 board and regional office of education shall provide 
21 verification, in writing, to the State Superintendent 
22 of Education at the time the application is submitted 
23 that no qualified teacher holding a Professional 
24 Educator License or an Educator License with 
25 Stipulations with a career and technical educator 
26 endorsement is available to teach and that actual 
 
 
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1 circumstances require such issuance. However, the 
2 employing school board or regional office of 
3 education, as part of providing verification, does not 
4 have to conduct a prior search for a qualified teacher 
5 holding a Professional Educator License or an Educator 
6 License with Stipulations with a career and technical 
7 educator endorsement. 
8   A provisional career and technical educator 
9 endorsement on an Educator License with Stipulations 
10 is valid until June 30 immediately following 5 years 
11 of the endorsement being issued and may be renewed.
12   An individual who holds a provisional career and 
13 technical educator endorsement on an Educator License 
14 with Stipulations may teach as a substitute teacher in 
15 career and technical education classrooms. 
16  (3) Substitute Teaching License. A Substitute Teaching 
17 License may be issued to qualified applicants for 
18 substitute teaching in all grades of the public schools, 
19 prekindergarten through grade 12. Substitute Teaching 
20 Licenses are not eligible for endorsements. Applicants for 
21 a Substitute Teaching License must hold a bachelor's 
22 degree or higher from a regionally accredited institution 
23 of higher education or must be enrolled in an approved 
24 educator preparation program in this State and have earned 
25 at least 90 credit hours.
26  Substitute Teaching Licenses are valid for 5 years.
 
 
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1  Substitute Teaching Licenses are valid for substitute 
2 teaching in every county of this State. If an individual 
3 has had his or her Professional Educator License or 
4 Educator License with Stipulations suspended or revoked, 
5 then that individual is not eligible to obtain a 
6 Substitute Teaching License.
7  A substitute teacher may only teach in the place of a 
8 licensed teacher who is under contract with the employing 
9 board. If, however, there is no licensed teacher under 
10 contract because of an emergency situation, then a 
11 district may employ a substitute teacher for no longer 
12 than 30 calendar days per each vacant position in the 
13 district if the district notifies the appropriate regional 
14 office of education within 5 business days after the 
15 employment of the substitute teacher in that vacant 
16 position. A district may continue to employ that same 
17 substitute teacher in that same vacant position for 90 
18 calendar days or until the end of the semester, whichever 
19 is greater, if, prior to the expiration of the 
20 30-calendar-day period then current, the district files a 
21 written request with the appropriate regional office of 
22 education for a 30-calendar-day extension on the basis 
23 that the position remains vacant and the district 
24 continues to actively seek qualified candidates and 
25 provides documentation that it has provided training 
26 specific to the position, including training on meeting 
 
 
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1 the needs of students with disabilities and English 
2 learners if applicable. Each extension request shall be 
3 granted in writing by the regional office of education. An 
4 emergency situation is one in which an unforeseen vacancy 
5 has occurred and (i) a teacher is unexpectedly unable to 
6 fulfill his or her contractual duties or (ii) teacher 
7 capacity needs of the district exceed previous indications 
8 or vacancies are unfilled due to a lack of qualified 
9 candidates, and the district is actively engaged in 
10 advertising to hire a fully licensed teacher for the 
11 vacant position.
12  There is no limit on the number of days that a 
13 substitute teacher may teach in a single school district, 
14 provided that no substitute teacher may teach for longer 
15 than 120 days beginning with the 2021-2022 school year 
16 through the 2022-2023 school year, otherwise 90 school 
17 days for any one licensed teacher under contract in the 
18 same school year. A substitute teacher who holds a 
19 Professional Educator License or Educator License with 
20 Stipulations shall not teach for more than 120 school days 
21 for any one licensed teacher under contract in the same 
22 school year. The limitations in this paragraph (3) on the 
23 number of days a substitute teacher may be employed do not 
24 apply to any school district operating under Article 34 of 
25 this Code.
26  A school district may not require an individual who 
 
 
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1 holds a valid Professional Educator License or Educator 
2 License with Stipulations to seek or hold a Substitute 
3 Teaching License to teach as a substitute teacher. 
4  (4) Short-Term Substitute Teaching License. Beginning 
5 on July 1, 2018 and until June 30, 2028, applicants may 
6 apply to the State Board of Education for issuance of a 
7 Short-Term Substitute Teaching License. A Short-Term 
8 Substitute Teaching License may be issued to a qualified 
9 applicant for substitute teaching in all grades of the 
10 public schools, prekindergarten through grade 12. 
11 Short-Term Substitute Teaching Licenses are not eligible 
12 for endorsements. Applicants for a Short-Term Substitute 
13 Teaching License must hold an associate's degree or have 
14 completed at least 60 credit hours from a regionally 
15 accredited institution of higher education.
16  Short-Term Substitute Teaching Licenses are valid for 
17 substitute teaching in every county of this State. If an 
18 individual has had his or her Professional Educator 
19 License or Educator License with Stipulations suspended or 
20 revoked, then that individual is not eligible to obtain a 
21 Short-Term Substitute Teaching License.
22  The provisions of Sections 10-21.9 and 34-18.5 of this 
23 Code apply to short-term substitute teachers. 
24  An individual holding a Short-Term Substitute Teaching 
25 License may teach no more than 15 consecutive days per 
26 licensed teacher who is under contract. For teacher 
 
 
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