NO SUBSTITUTE TEACHERS MAY BE HIRED AFTER JANUARY 1, 2011 WITHOUT CERTIFICATE OF AUTHORIZATION 

On December 1, 2010, House Bill 5863, which amends Sections 5/21-9 and 5/10-21.9 of the Illinois School Code became law via the amendatory veto process.  As amended, Section 5/21-9, which addresses the issuance of substitute teaching certificates and substitute teaching, now requires any individual wishing to substitute teach in a school district to register as a substitute teacher with the regional superintendent of schools in each educational service region where the person will substitute teach. Effective January 1, 2011, no individual will be permitted to substitute teach in any school district unless he/she has so registered with the regional office of education and, as described below, obtains a certificate of authorization.  The new registration process requires the individual who is seeking to work as a substitute to provide the following to the regional office of education: (1) payment of his/her fees to register the substitute teaching certificate for its period of validity; (2) an authorization to conduct a criminal history records check and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database and to pay the costs associated with these checks; and (3) to provide evidence of physical fitness and freedom from communicable disease, including tuberculosis, which may consist of a physical examination and a tuberculin skin test. 

The regional office of education is responsible for maintaining a file for each substitute teacher that registers with it and its file must include a copy of the individual's valid substitute teaching certificate, the results of the criminal history records investigation and the physical examination (including tuberculin skin test).  The regional superintendent will issue a signed and sealed certification of authorization to the substitute teacher that verifies that the substitute teacher completed the registration process and has the above documents on file with the regional office of education. Substitute teachers are required to present this certificate of authorization to all school districts where he/she will substitute teach and the school districts must maintain this certificate of authorization with the employment records of the substitute teacher. 

As amended, Section 5/10-21.9, which generally requires school districts to conduct criminal background history checks on all applicants for employment, now permits school districts to charge the cost of the criminal history records checks to only those individuals who are seeking employment as substitute teachers. Previously, school districts were not allowed to charge any applicant for the cost of the criminal history records check.