Current through Register Vol. 48, No. 38, September 20, 2024
This Section sets forth the requirements for supplemental
documentation and other information that an applicant must submit when the
applicant has provided an affirmative response or indicated noncompliance with
any of the requirements set forth in Sections
25.485 through 25.492 or has
knowingly misrepresented any qualifications to obtain a license pursuant to
Section 21B-15 of the Code. An application for issuance, renewal,
reinstatement, or registration of a license shall not be processed until all
supplemental documentation has been received. References to "license" in this
Section and any of Sections
25.485 through 25.492 shall be
understood to mean "certificate" if the sanction affected (or the violation
occurred when an individual held) a teaching, administrative, school service
personnel or substitute teaching certificate previously issued by the State
Board.
a) Personal Statement
When a personal statement is required to be submitted, the
applicant shall provide the information required under this subsection (a). A
personal statement shall not be afforded full weight by the committee reviewing
the application and supplemental documentation if the statement fails to
adequately address each of the requirements of this subsection (a) to the
degree necessary to enable the review committee to make a determination of
whether the applicant has been rehabilitated and should be licensed as a
professional educator. Each personal statement shall:
1) be written in the applicant's own words
(statements written by an attorney or someone other than the applicant shall be
considered a letter of reference);
2) provide a detailed description of the
conduct and circumstances that led to the knowing misrepresentation of the
applicant's qualifications to obtain a license or a detailed description of the
conduct and circumstances for the license sanction, criminal conviction, the
indicated report of child abuse or neglect, or adjudication or finding of
sexual misconduct, as defined under Section 22-85.5 of the Code (whichever is
applicable);
3) provide evidence
that the applicant has been rehabilitated, including an explanation of why the
applicant believes the applicant is of good character, merits receipt of an
educator license, and would be an asset to the field of professional educators;
and
4) provide any other
information that is requested by the State Board that is relevant to the
agency's review and understanding of the reasons for the knowing
misrepresentation of the applicant's qualifications to obtain a license, the
license sanction the circumstances of the criminal conviction, the indicated
report of child abuse or neglect, or adjudication or finding of sexual
misconduct, as defined under Section 22-85.5 of the Code (whichever is
applicable).
b) Character
References
When character references are required, the applicant shall
provide at least three letters that meet the requirements set forth in this
subsection. A character reference shall not be afforded full weight by the
committee reviewing the application and supplemental documentation if the
reference fails to adequately address each of the requirements of this
subsection to the degree necessary to enable the review committee to make a
determination of whether the applicant has been rehabilitated and should be
licensed as a professional educator. Each character reference shall:
1) be written by a colleague of the applicant
who is employed in an educational field or by a faculty member of the
applicant's educator preparation program who has first-hand knowledge of or
experience working with the applicant; if the applicant has no prior
education-related experience, then an employer of the applicant may submit a
character reference;
2) state that
the purpose of the letter is to assist the applicant in obtaining an educator
license and acknowledge the specific conduct and circumstances that led to the
applicant's license sanction, the conviction, report of child abuse or neglect,
or adjudication or finding of sexual misconduct, as defined under Section
22-85.5 of the Code (whichever is applicable);
3) state the author's relationship (e.g.,
former instructor, employer, or school colleague) with the applicant and the
length of time the author has known the applicant;
4) explain in detail why the author believes
that, in spite of the reason for the applicant's license sanction, the
conviction, report of child abuse or neglect, or adjudication or finding of
sexual misconduct, as defined under Section 22-85.5 of the Code (whichever is
applicable), the applicant has been rehabilitated and why the applicant would
be an asset to the field of professional educators; and
5) be signed by the author and include the
telephone number or email address to be used should the committee reviewing the
character reference have questions or need additional information and, as
applicable, be presented on the letterhead of the author's place of
employment.
c)
Application Review Process
1) The application
and supplemental documentation shall be reviewed by a committee made up of
staff from the State Board's licensure department. The committee may contact
the applicant if additional information is needed. Upon conclusion of the
committee's review, the committee shall notify the applicant of the agency's
decision to deny or its intent to deny an application, by certified mail,
return receipt requested mailed to the address shown on the application. A
decision to issue the license will be recorded in ELIS and an electronic
notification to that effect will be sent to the applicant.
2) If the agency intends to deny an
application on character grounds pursuant to Section 21B-15 of the Code, the
applicant shall be notified pursuant to subsection (c)(1) of the opportunity to
request a credibility hearing. The applicant's request for a credibility
hearing shall be submitted in writing to the agency no later than 10 days after
the applicant's receipt of the agency's notification. Requests shall be sent to
the Educator Licensure Department, 100 North First Street, E-240, Springfield,
Illinois 62777, or to educatorcredibility@isbe.net. Failure to request a
credibility hearing within the 10-day timeframe will result in a denial of the
application.
A) Credibility hearings may be
held via video conference or in-person and will not be held if the applicant
has not submitted all required documentation at least 72 hours prior to the
hearing. At this hearing, the applicant may present a statement or provide
documentary evidence and present character witnesses who wish to make a
statement on behalf of the applicant; however, if the applicant does not submit
this documentary evidence within 72 hours prior to the hearing, the hearing may
be postponed by the committee until all documentary evidence can be reviewed by
the committee.
B) The applicant
shall not be permitted to pose questions to the review committee. An applicant
may be represented by counsel at this hearing, but the applicant's attorney
will not be permitted to address or pose questions to the review
committee.
C) No later than 30 days
after the conclusion of the credibility hearing, the review committee shall
issue to the applicant its decision to grant or deny the application. The
decision of the review committee is a final decision and is reviewable pursuant
to the Administrative Review Law [735 ILCS 5/Art. III], as provided in Section
21B-90 of the Code. A timely filed action for administrative review shall act
as a stay of enforcement of the denial.
d) Eligibility to Reapply
An applicant who was denied an initial license or denied the
renewal, registration or reinstatement of a license on the grounds that the
applicant does not have good character or that the applicant knowingly
misrepresented any qualifications to obtain a license pursuant to Section
21B-15 of the Code is ineligible to apply for any educator license or
endorsement on any currently held license for a period of up to five calendar
years from the date of the denial as determined by the review committee. If an
application is submitted during the period of ineligibility, the application
shall be denied and the application fee will not be refunded.
