Over the past several months, our firm has received many calls from concerned school district clients regarding a particular provision of the Illinois School Code. Franczek Radelet utilized its relationship with stakeholders at the Illinois State Board of Education (ISBE) and in Springfield to resolve an issue that had the potential to become problematic for school districts across the State. 

Section 21B-15 of the School Code provides that no one under the age of 20 may be licensed to teach or supervise “or be otherwise employed” in the public schools of Illinois. Understandably, school districts were concerned by the addition of the highlighted language based on their traditional hiring practices. Many school districts employ high school students over the summer. Others participate in the AVID College Readiness Program, connecting at-risk youth with college students serving as tutors. 

Initially, officials at ISBE indicated that any school district employing someone under 20 years old—in any capacity—was in violation of the School Code. Recognizing an immediate need for a solution for Illinois school districts, we contacted legislators in Springfield and explored crafting a bill to simply delete “or otherwise employed” from Section 21B. Additionally, we worked with stakeholders to help articulate our clients’ concerns to ISBE and other state officials. 

Fortunately, Franczek Radelet and ISBE crafted a true win-win solution. Rather than rewrite the statute, ISBE modified its interpretation and confirmed that the requirements apply only to individuals licensed pursuant to Section 21B, including teachers, administrators, and school service personnel (SSPs). Therefore, a school district may hire any non-licensed personnel under the age of 20 without violating the School Code. 

We greatly appreciate the questions and feedback we received from our school district clients on this issue. ISBE officials were receptive to our position, in no small part because so many districts voiced concern. As we have always committed to doing for our clients, we will continue to work with legislators, administrators, and stakeholders to resolve potential concerns and provide practical solutions and fast results.