Revised Registration Requirements for Illinois Substitute Teachers

On December 30, 2010, Public Act 96-1489 was signed into law, which amends Section 10-21.9 of the Illinois School Code by revising registration requirements for substitute teachers.  The revised registration requirements, effective January 1, 2011, create separate obligations for the prospective substitute teacher, the regional superintendent and the school district where the substitute teacher will be employed.  These obligations are summarized as follows:

Prospective Substitute Teacher

• Register as a substitute teacher with the regional superintendent of schools in each educational region where the individual will be employed.
• Pay any required fees to register his/her certificate with the regional superintendent for its period of validity.
• Authorize and pay the costs of a fingerprint-based criminal history records check and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.
• Provide evidence of physical fitness and freedom from communicable diseases, including tuberculosis.
• Present the certificate issued by the regional superintendent (see below) to all prospective employing school districts in the educational service region.

Regional Superintendent

• Conduct the fingerprint-based criminal history records check.
• Conduct checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.
• Receive evidence of physical fitness and freedom from communicable diseases.
• Maintain a file for and issue a signed and sealed certificate of authorization to each registered substitute teacher which verifies that the substitute teacher has completed the registration process and criminal background checks, and provided evidence of physical fitness and freedom from communicable diseases.

School District

• Keep a photocopy of the signed and sealed certificate issued by the regional superintendent with each substitute teacher's employment records.

Based upon the express statutory language, it appears that the revised registration requirements must be satisfied in order for an individual to substitute teach in any Illinois public school district on or after January 1, 2011.  We encourage school districts to contact their local regional superintendent to discuss compliance with the revised registration requirements.

You can view Public Act 96-1489 via the Internet at www.ilga.gov.  If you have any questions about the revised registration requirements for substitute teachers, please feel free to contact any RSNLT Labor and Employment attorney.

Catherine R. Locallo, an associate in the firm's Chicago office, prepared this Law Alert.

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