105 ILCS 5/27A-10
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 27A - Charter Schools

Sec. 27A-10. Employees.(a) A person shall be deemed to be employed by a charter school unless a  collective bargaining agreement or the charter school  contract otherwise provides.(b) In all school districts, including special charter districts and  districts located in  cities having a population exceeding 500,000, the local school board shall  determine by policy or by negotiated  agreement, if one exists, the employment status of any school district  employees who are employed by a charter school and who seek to return to  employment in the public  schools of the district.  Each local school board shall grant, for a period of  up to 5 years, a leave of absence to those of its teachers who accept  employment with a charter school.  At the end of the authorized leave of  absence, the teacher must return to the school district or resign; provided that if the teacher chooses to return to the school district, the  teacher must be assigned to a position that requires the teacher's licensure   and legal qualifications.  The  contractual  continued service status and retirement benefits of a  teacher of the district who is granted a leave of absence to accept employment  with a charter school shall not be affected by that leave of absence.(c) Charter schools shall employ in instructional positions, as defined in  the charter, individuals who are licensed under Article 21B of this  Code or who possess the following qualifications:(i) graduated with a bachelor's degree from an     accredited institution of higher learning;(ii) been employed for a period of at least 5 years     in an area requiring application of the individual's education;(iii) passed a content area knowledge test required     under Section 21B-30 of this Code; and(iv) demonstrate continuing evidence of professional     growth, which shall include, but not be limited to, successful teaching experience, attendance at professional meetings, membership in professional organizations, additional credits earned at institutions of higher learning, travel specifically for educational purposes, and reading of professional books and periodicals.(c-5) Charter schools employing individuals without licensure in  instructional positions shall provide such mentoring, training, and staff  development for those individuals as the charter schools determine necessary  for satisfactory performance in the classroom.At least 50% of the  individuals  employed in instructional positions by a charter school that is operating in a  city  having a population exceeding 500,000 and that is   established on or after April 16, 2003 shall hold teaching licenses issued under  Article 21B of this Code.At  least 75% of the individuals employed in instructional positions by a  charter school that is operating in a city having a population exceeding  500,000 and that was  established before April 16, 2003 shall hold teaching licenses issued under  Article 21B of this Code.(c-10) Notwithstanding any provision in subsection (c-5) to the contrary, in any charter school established before, on, or after July 30, 2009 (the effective date of Public Act 96-105), at least 75% of the individuals employed in instructional positions by the charter school shall hold teaching licenses issued under Article 21B of this Code.   Charter schools may employ non-licensed staff in all other positions.(c-15) Charter schools are  exempt from any annual cap on new  participants in an alternative educator licensure program. The second  and third phases of the program may  be conducted and completed at the charter school, and the  alternative provisional educator endorsement is valid for 4 years or the length  of the charter (or any extension of the charter), whichever is longer.(d) A teacher at a charter school may resign his or her position only if  the teacher gives notice of resignation to the charter school's governing body  at least 60 days before the end of the school term, and the resignation must  take effect immediately upon the end of the school term.  (Source: P.A. 101-220, eff. 8-7-19; 101-594, eff. 12-5-19.)