Full Text of HB3027 97th General Assembly
HB3027ham001 97TH GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 3/28/2011
| | 09700HB3027ham001 | | LRB097 10156 NHT 52938 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3027
| 2 | | AMENDMENT NO. ______. Amend House Bill 3027 on page 1, by | 3 | | replacing line 5 with the following:
| 4 | | "10-21.9, 10-22.31a, 18-12, 26-2a, and 34-18.5 as follows:"; | 5 | | and | 6 | | on page 1, immediately below line 5, by inserting the | 7 | | following:
| 8 | | "(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 9 | | Sec. 10-21.9. Criminal history records checks and checks of | 10 | | the Statewide Sex Offender Database and Statewide Child | 11 | | Murderer and Violent Offender Against Youth Database.
| 12 | | (a) Certified and noncertified applicants for employment | 13 | | with a school
district, except school bus driver applicants, | 14 | | are required as a condition
of employment to authorize a | 15 | | fingerprint-based criminal history records check to determine | 16 | | if such applicants have been convicted of any of
the enumerated |
| | | 09700HB3027ham001 | - 2 - | LRB097 10156 NHT 52938 a |
|
| 1 | | criminal or drug offenses in subsection (c) of this Section or
| 2 | | have been convicted, within 7 years of the application for | 3 | | employment with
the
school district, of any other felony under | 4 | | the laws of this State or of any
offense committed or attempted | 5 | | in any other state or against the laws of
the United States | 6 | | that, if committed or attempted in this State, would
have been | 7 | | punishable as a felony under the laws of this State.
| 8 | | Authorization for
the check shall be furnished by the applicant | 9 | | to
the school district, except that if the applicant is a | 10 | | substitute teacher
seeking employment in more than one school | 11 | | district, a teacher seeking
concurrent part-time employment | 12 | | positions with more than one school
district (as a reading | 13 | | specialist, special education teacher or otherwise),
or an | 14 | | educational support personnel employee seeking employment | 15 | | positions
with more than one district, any such district may | 16 | | require the applicant to
furnish authorization for
the check to | 17 | | the regional superintendent
of the educational service region | 18 | | in which are located the school districts
in which the | 19 | | applicant is seeking employment as a substitute or concurrent
| 20 | | part-time teacher or concurrent educational support personnel | 21 | | employee.
Upon receipt of this authorization, the school | 22 | | district or the appropriate
regional superintendent, as the | 23 | | case may be, shall submit the applicant's
name, sex, race, date | 24 | | of birth, social security number, fingerprint images, and other | 25 | | identifiers, as prescribed by the Department
of State Police, | 26 | | to the Department. The regional
superintendent submitting the |
| | | 09700HB3027ham001 | - 3 - | LRB097 10156 NHT 52938 a |
|
| 1 | | requisite information to the Department of
State Police shall | 2 | | promptly notify the school districts in which the
applicant is | 3 | | seeking employment as a substitute or concurrent part-time
| 4 | | teacher or concurrent educational support personnel employee | 5 | | that
the
check of the applicant has been requested. The | 6 | | Department of State Police and the Federal Bureau of | 7 | | Investigation shall furnish, pursuant to a fingerprint-based | 8 | | criminal history records check, records of convictions, until | 9 | | expunged, to the president of the school board for the school | 10 | | district that requested the check, or to the regional | 11 | | superintendent who requested the check.
The
Department shall | 12 | | charge
the school district
or the appropriate regional | 13 | | superintendent a fee for
conducting
such check, which fee shall | 14 | | be deposited in the State
Police Services Fund and shall not | 15 | | exceed the cost of
the inquiry; and the
applicant shall not be | 16 | | charged a fee for
such check by the school
district or by the | 17 | | regional superintendent, except that those applicants seeking | 18 | | employment as a substitute teacher with a school district may | 19 | | be charged a fee not to exceed the cost of the inquiry. Subject | 20 | | to appropriations for these purposes, the State Superintendent | 21 | | of Education shall reimburse school districts and regional | 22 | | superintendents for fees paid to obtain criminal history | 23 | | records checks under this Section.
| 24 | | (a-5) The school district or regional superintendent shall | 25 | | further perform a check of the Statewide Sex Offender Database, | 26 | | as authorized by the Sex Offender Community Notification Law, |
| | | 09700HB3027ham001 | - 4 - | LRB097 10156 NHT 52938 a |
|
| 1 | | for each applicant.
| 2 | | (a-6) The school district or regional superintendent shall | 3 | | further perform a check of the Statewide Child Murderer and | 4 | | Violent Offender Against Youth Database, as authorized by the | 5 | | Child Murderer and Violent Offender Against Youth Community | 6 | | Notification Law, for each applicant.
| 7 | | (b)
Any information
concerning the record of convictions | 8 | | obtained by the president of the
school board or the regional | 9 | | superintendent shall be confidential and may
only be | 10 | | transmitted to the superintendent of the school district or his
| 11 | | designee, the appropriate regional superintendent if
the check | 12 | | was
requested by the school district, the presidents of the | 13 | | appropriate school
boards if
the check was requested from the | 14 | | Department of State
Police by the regional superintendent, the | 15 | | State Superintendent of
Education, the State Teacher | 16 | | Certification Board, any other person
necessary to the decision | 17 | | of hiring the applicant for employment, or for clarification | 18 | | purposes the Department of State Police or Statewide Sex | 19 | | Offender Database, or both. A copy
of the record of convictions | 20 | | obtained from the Department of State Police
shall be provided | 21 | | to the applicant for employment. Upon the check of the | 22 | | Statewide Sex Offender Database, the school district or | 23 | | regional superintendent shall notify an applicant as to whether | 24 | | or not the applicant has been identified in the Database as a | 25 | | sex offender. If a check of
an applicant for employment as a | 26 | | substitute or concurrent part-time teacher
or concurrent |
| | | 09700HB3027ham001 | - 5 - | LRB097 10156 NHT 52938 a |
|
| 1 | | educational support personnel employee in more than one
school | 2 | | district was requested by the regional superintendent, and the
| 3 | | Department of State Police upon a check ascertains that the | 4 | | applicant
has not been convicted of any of the enumerated | 5 | | criminal or drug offenses
in subsection (c)
or has not been | 6 | | convicted, within 7 years of the
application for
employment | 7 | | with the
school district, of any other felony under the laws of | 8 | | this State or of any
offense committed or attempted in any | 9 | | other state or against the laws of
the United States that, if | 10 | | committed or attempted in this State, would
have been | 11 | | punishable as a felony under the laws of this State
and so | 12 | | notifies the regional
superintendent and if the regional | 13 | | superintendent upon a check ascertains that the applicant has | 14 | | not been identified in the Sex Offender Database as a sex | 15 | | offender, then the
regional superintendent shall issue to the | 16 | | applicant a certificate
evidencing that as of the date | 17 | | specified by the Department of State Police
the applicant has | 18 | | not been convicted of any of the enumerated criminal or
drug | 19 | | offenses in subsection (c)
or has not been
convicted, within 7 | 20 | | years of the application for employment with the
school | 21 | | district, of any other felony under the laws of this State or | 22 | | of any
offense committed or attempted in any other state or | 23 | | against the laws of
the United States that, if committed or | 24 | | attempted in this State, would
have been punishable as a felony | 25 | | under the laws of this State and evidencing that as of the date | 26 | | that the regional superintendent conducted a check of the |
| | | 09700HB3027ham001 | - 6 - | LRB097 10156 NHT 52938 a |
|
| 1 | | Statewide Sex Offender Database, the applicant has not been | 2 | | identified in the Database as a sex offender. The school
board | 3 | | of
any
school district
may rely on the
certificate issued by | 4 | | any regional superintendent to that substitute teacher, | 5 | | concurrent part-time teacher, or concurrent educational | 6 | | support personnel employee or may
initiate its own criminal | 7 | | history records check of the applicant through the Department | 8 | | of
State Police and its own check of the Statewide Sex Offender | 9 | | Database as provided in subsection (a). Any person who releases | 10 | | any
confidential information concerning any criminal | 11 | | convictions of an
applicant for employment shall be guilty of a | 12 | | Class A misdemeanor, unless
the release of such information is | 13 | | authorized by this Section.
| 14 | | (c) No school board shall knowingly employ a person who has | 15 | | been
convicted of any offense that would subject him or her to | 16 | | certification suspension or revocation pursuant to Section | 17 | | 21-23a of this Code.
Further, no school board shall knowingly | 18 | | employ a person who has been found
to be the perpetrator of | 19 | | sexual or physical abuse of any minor under 18 years
of age | 20 | | pursuant to proceedings under Article II of the Juvenile Court | 21 | | Act of
1987.
| 22 | | (d) No school board shall knowingly employ a person for | 23 | | whom a criminal
history records check and a Statewide Sex | 24 | | Offender Database check has not been initiated.
| 25 | | (e) Upon receipt of the record of a conviction of or a | 26 | | finding of child
abuse by a holder of any
certificate issued |
| | | 09700HB3027ham001 | - 7 - | LRB097 10156 NHT 52938 a |
|
| 1 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 2 | | Code, the
State Superintendent of Education may initiate | 3 | | certificate suspension
and revocation proceedings as | 4 | | authorized by law.
| 5 | | (e-5) The superintendent of the employing school board | 6 | | shall, in writing, notify the State Superintendent of Education | 7 | | and the applicable regional superintendent of schools of any | 8 | | certificate holder whom he or she has reasonable cause to | 9 | | believe has committed an intentional act of abuse or neglect | 10 | | with the result of making a child an abused child or a | 11 | | neglected child, as defined in Section 3 of the Abused and | 12 | | Neglected Child Reporting Act, and that act resulted in the | 13 | | certificate holder's dismissal or resignation from the school | 14 | | district. This notification must be submitted within 30 days | 15 | | after the dismissal or resignation. The certificate holder must | 16 | | also be contemporaneously sent a copy of the notice by the | 17 | | superintendent. All correspondence, documentation, and other | 18 | | information so received by the regional superintendent of | 19 | | schools, the State Superintendent of Education, the State Board | 20 | | of Education, or the State Teacher Certification Board under | 21 | | this subsection (e-5) is confidential and must not be disclosed | 22 | | to third parties, except (i) as necessary for the State | 23 | | Superintendent of Education or his or her designee to | 24 | | investigate and prosecute pursuant to Article 21 of this Code, | 25 | | (ii) pursuant to a court order, (iii) for disclosure to the | 26 | | certificate holder or his or her representative, or (iv) as |
| | | 09700HB3027ham001 | - 8 - | LRB097 10156 NHT 52938 a |
|
| 1 | | otherwise provided in this Article and provided that any such | 2 | | information admitted into evidence in a hearing is exempt from | 3 | | this confidentiality and non-disclosure requirement. Except | 4 | | for an act of willful or wanton misconduct, any superintendent | 5 | | who provides notification as required in this subsection (e-5) | 6 | | shall have immunity from any liability, whether civil or | 7 | | criminal or that otherwise might result by reason of such | 8 | | action. | 9 | | (f) After January 1, 1990 the provisions of this Section | 10 | | shall apply
to all employees of persons or firms holding | 11 | | contracts with any school
district including, but not limited | 12 | | to, food service workers, school bus
drivers and other | 13 | | transportation employees, who have direct, daily contact
with | 14 | | the pupils of any school in such district. For purposes of | 15 | | criminal
history records checks and checks of the Statewide Sex | 16 | | Offender Database on employees of persons or firms holding
| 17 | | contracts with more than one school district and assigned to | 18 | | more than one
school district, the regional superintendent of | 19 | | the educational service
region in which the contracting school | 20 | | districts are located may, at the
request of any such school | 21 | | district, be responsible for receiving the
authorization for
a | 22 | | criminal history records check prepared by each such employee | 23 | | and
submitting the same to the Department of State Police and | 24 | | for conducting a check of the Statewide Sex Offender Database | 25 | | and the Statewide Child Murderer and Violent Offender Against | 26 | | Youth Database for each employee. Any information
concerning |
| | | 09700HB3027ham001 | - 9 - | LRB097 10156 NHT 52938 a |
|
| 1 | | the record of conviction and identification as a sex offender | 2 | | of any such employee obtained by the
regional superintendent | 3 | | shall be promptly reported to the president of the
appropriate | 4 | | school board or school boards.
| 5 | | (g) Beginning on January 1, 2012, the provisions of this | 6 | | Section shall apply to all student teachers, as defined by | 7 | | State Board of Education rule, assigned to public schools or | 8 | | nonpublic schools recognized by the State Board pursuant to | 9 | | Section 2-3.25o of this Code. Student teachers must undergo a | 10 | | Department of State Police and Federal Bureau of Investigation | 11 | | fingerprint-based criminal history records check. | 12 | | Authorization to conduct the criminal history records check | 13 | | must be furnished by the student teacher to the school to which | 14 | | the student teacher is assigned. The Department of State Police | 15 | | and the Federal Bureau of Investigation shall furnish, pursuant | 16 | | to a fingerprint-based criminal history records check, records | 17 | | of convictions, until expunged, to the president of the school | 18 | | board for the school district that requested the check or the | 19 | | chief administrative officer of the nonpublic school that | 20 | | requested the check. The Department of State Police shall | 21 | | charge a fee for conducting the check, which fee must be | 22 | | deposited into the State Police Services Fund and must not | 23 | | exceed the cost of the inquiry. The student teacher shall be | 24 | | required to pay all fees associated with conducting the | 25 | | criminal history records check, as well as any other | 26 | | application fees as established by rule including, but not |
| | | 09700HB3027ham001 | - 10 - | LRB097 10156 NHT 52938 a |
|
| 1 | | limited to, the fee established by the Department of State | 2 | | Police and the Federal Bureau of Investigation to process | 3 | | fingerprint-based criminal history records checks. Results of | 4 | | the check must also be furnished by the school district or | 5 | | nonpublic school to the higher education institution where the | 6 | | student teacher is enrolled. No one may begin student teaching | 7 | | until the results of the criminal history records check have | 8 | | been returned to the school district or nonpublic school. In | 9 | | order to student teach in the public schools, a person is | 10 | | required to authorize a fingerprint-based criminal history | 11 | | records check and checks of the Statewide Sex Offender Database | 12 | | and Statewide Child Murderer and Violent Offender Against Youth | 13 | | Database prior to participating in any field experiences in the | 14 | | public schools. Authorization for and payment of the costs of | 15 | | the checks must be furnished by the student teacher. Results of | 16 | | the checks must be furnished to the higher education | 17 | | institution where the student teacher is enrolled and the | 18 | | superintendent of the school district where the student is | 19 | | assigned. | 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 21 | | 96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised | 22 | | 1-4-11.)"; and
| 23 | | on page 7, immediately below line 8, by inserting the | 24 | | following: |
| | | 09700HB3027ham001 | - 11 - | LRB097 10156 NHT 52938 a |
|
| 1 | | "(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 2 | | Sec. 34-18.5. Criminal history records checks and checks of | 3 | | the Statewide Sex Offender Database and Statewide Child | 4 | | Murderer and Violent Offender Against Youth Database. | 5 | | (a) Certified and noncertified applicants for
employment | 6 | | with the school district are required as a condition of
| 7 | | employment to authorize a fingerprint-based criminal history | 8 | | records check to determine if such applicants
have been | 9 | | convicted of any of the enumerated criminal or drug offenses in
| 10 | | subsection (c) of this Section or have been
convicted, within 7 | 11 | | years of the application for employment with the
school | 12 | | district, of any other felony under the laws of this State or | 13 | | of any
offense committed or attempted in any other state or | 14 | | against the laws of
the United States that, if committed or | 15 | | attempted in this State, would
have been punishable as a felony | 16 | | under the laws of this State. Authorization
for
the
check shall
| 17 | | be furnished by the applicant to the school district, except | 18 | | that if the
applicant is a substitute teacher seeking | 19 | | employment in more than one
school district, or a teacher | 20 | | seeking concurrent part-time employment
positions with more | 21 | | than one school district (as a reading specialist,
special | 22 | | education teacher or otherwise), or an educational support
| 23 | | personnel employee seeking employment positions with more than | 24 | | one
district, any such district may require the applicant to | 25 | | furnish
authorization for
the check to the regional | 26 | | superintendent of the
educational service region in which are |
| | | 09700HB3027ham001 | - 12 - | LRB097 10156 NHT 52938 a |
|
| 1 | | located the school districts in
which the applicant is seeking | 2 | | employment as a substitute or concurrent
part-time teacher or | 3 | | concurrent educational support personnel employee.
Upon | 4 | | receipt of this authorization, the school district or the | 5 | | appropriate
regional superintendent, as the case may be, shall | 6 | | submit the applicant's
name, sex, race, date of birth, social | 7 | | security number, fingerprint images, and other identifiers, as | 8 | | prescribed by the Department
of State Police, to the | 9 | | Department. The regional
superintendent submitting the | 10 | | requisite information to the Department of
State Police shall | 11 | | promptly notify the school districts in which the
applicant is | 12 | | seeking employment as a substitute or concurrent part-time
| 13 | | teacher or concurrent educational support personnel employee | 14 | | that
the
check of the applicant has been requested. The | 15 | | Department of State
Police and the Federal Bureau of | 16 | | Investigation shall furnish, pursuant to a fingerprint-based | 17 | | criminal history records check, records of convictions, until | 18 | | expunged, to the president of the school board for the school | 19 | | district that requested the check, or to the regional | 20 | | superintendent who requested the check. The
Department shall | 21 | | charge
the school district
or the appropriate regional | 22 | | superintendent a fee for
conducting
such check, which fee shall | 23 | | be deposited in the State
Police Services Fund and shall not | 24 | | exceed the cost of the inquiry; and the
applicant shall not be | 25 | | charged a fee for
such check by the school
district or by the | 26 | | regional superintendent. Subject to appropriations for these |
| | | 09700HB3027ham001 | - 13 - | LRB097 10156 NHT 52938 a |
|
| 1 | | purposes, the State Superintendent of Education shall | 2 | | reimburse the school district and regional superintendent for | 3 | | fees paid to obtain criminal history records checks under this | 4 | | Section. | 5 | | (a-5) The school district or regional superintendent shall | 6 | | further perform a check of the Statewide Sex Offender Database, | 7 | | as authorized by the Sex Offender Community Notification Law, | 8 | | for each applicant. | 9 | | (a-6) The school district or regional superintendent shall | 10 | | further perform a check of the Statewide Child Murderer and | 11 | | Violent Offender Against Youth Database, as authorized by the | 12 | | Child Murderer and Violent Offender Against Youth Community | 13 | | Notification Law, for each applicant. | 14 | | (b) Any
information concerning the record of convictions | 15 | | obtained by the president
of the board of education or the | 16 | | regional superintendent shall be
confidential and may only be | 17 | | transmitted to the general superintendent of
the school | 18 | | district or his designee, the appropriate regional
| 19 | | superintendent if
the check was requested by the board of | 20 | | education
for the school district, the presidents of the | 21 | | appropriate board of
education or school boards if
the check | 22 | | was requested from the
Department of State Police by the | 23 | | regional superintendent, the State
Superintendent of | 24 | | Education, the State Teacher Certification Board or any
other | 25 | | person necessary to the decision of hiring the applicant for
| 26 | | employment. A copy of the record of convictions obtained from |
| | | 09700HB3027ham001 | - 14 - | LRB097 10156 NHT 52938 a |
|
| 1 | | the
Department of State Police shall be provided to the | 2 | | applicant for
employment. Upon the check of the Statewide Sex | 3 | | Offender Database, the school district or regional | 4 | | superintendent shall notify an applicant as to whether or not | 5 | | the applicant has been identified in the Database as a sex | 6 | | offender. If a check of an applicant for employment as a
| 7 | | substitute or concurrent part-time teacher or concurrent | 8 | | educational
support personnel employee in more than one school | 9 | | district was requested
by the regional superintendent, and the | 10 | | Department of State Police upon
a check ascertains that the | 11 | | applicant has not been convicted of any
of the enumerated | 12 | | criminal or drug offenses in subsection (c)
or has not been
| 13 | | convicted,
within 7 years of the application for employment | 14 | | with the
school district, of any other felony under the laws of | 15 | | this State or of any
offense committed or attempted in any | 16 | | other state or against the laws of
the United States that, if | 17 | | committed or attempted in this State, would
have been | 18 | | punishable as a felony under the laws of this State and so
| 19 | | notifies the regional superintendent and if the regional | 20 | | superintendent upon a check ascertains that the applicant has | 21 | | not been identified in the Sex Offender Database as a sex | 22 | | offender, then the regional superintendent
shall issue to the | 23 | | applicant a certificate evidencing that as of the date
| 24 | | specified by the Department of State Police the applicant has | 25 | | not been
convicted of any of the enumerated criminal or drug | 26 | | offenses in subsection
(c)
or has not been
convicted, within 7 |
| | | 09700HB3027ham001 | - 15 - | LRB097 10156 NHT 52938 a |
|
| 1 | | years of the application for employment with the
school | 2 | | district, of any other felony under the laws of this State or | 3 | | of any
offense committed or attempted in any other state or | 4 | | against the laws of
the United States that, if committed or | 5 | | attempted in this State, would
have been punishable as a felony | 6 | | under the laws of this State and evidencing that as of the date | 7 | | that the regional superintendent conducted a check of the | 8 | | Statewide Sex Offender Database, the applicant has not been | 9 | | identified in the Database as a sex offender. The school
board | 10 | | of any school district may rely on the certificate issued by | 11 | | any regional
superintendent to that substitute teacher, | 12 | | concurrent part-time teacher, or concurrent educational | 13 | | support personnel employee
or may initiate its own criminal | 14 | | history records check of
the applicant through the Department | 15 | | of State Police and its own check of the Statewide Sex Offender | 16 | | Database as provided in
subsection (a). Any person who releases | 17 | | any confidential information
concerning any criminal | 18 | | convictions of an applicant for employment shall be
guilty of a | 19 | | Class A misdemeanor, unless the release of such information is
| 20 | | authorized by this Section. | 21 | | (c) The board of education shall not knowingly employ a | 22 | | person who has
been convicted of any offense that would subject | 23 | | him or her to certification suspension or revocation pursuant | 24 | | to Section 21-23a of this Code.
Further, the board of education | 25 | | shall not knowingly employ a person who has
been found to be | 26 | | the perpetrator of sexual or physical abuse of any minor under
|
| | | 09700HB3027ham001 | - 16 - | LRB097 10156 NHT 52938 a |
|
| 1 | | 18 years of age pursuant to proceedings under Article II of the | 2 | | Juvenile Court
Act of 1987. | 3 | | (d) The board of education shall not knowingly employ a | 4 | | person for whom
a criminal history records check and a | 5 | | Statewide Sex Offender Database check has not been initiated. | 6 | | (e) Upon receipt of the record of a conviction of or a | 7 | | finding of child
abuse by a holder of any
certificate issued | 8 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 9 | | Code, the State Superintendent of
Education may initiate | 10 | | certificate suspension and revocation
proceedings as | 11 | | authorized by law. | 12 | | (e-5) The general superintendent of schools shall, in | 13 | | writing, notify the State Superintendent of Education of any | 14 | | certificate holder whom he or she has reasonable cause to | 15 | | believe has committed an intentional act of abuse or neglect | 16 | | with the result of making a child an abused child or a | 17 | | neglected child, as defined in Section 3 of the Abused and | 18 | | Neglected Child Reporting Act, and that act resulted in the | 19 | | certificate holder's dismissal or resignation from the school | 20 | | district. This notification must be submitted within 30 days | 21 | | after the dismissal or resignation. The certificate holder must | 22 | | also be contemporaneously sent a copy of the notice by the | 23 | | superintendent. All correspondence, documentation, and other | 24 | | information so received by the State Superintendent of | 25 | | Education, the State Board of Education, or the State Teacher | 26 | | Certification Board under this subsection (e-5) is |
| | | 09700HB3027ham001 | - 17 - | LRB097 10156 NHT 52938 a |
|
| 1 | | confidential and must not be disclosed to third parties, except | 2 | | (i) as necessary for the State Superintendent of Education or | 3 | | his or her designee to investigate and prosecute pursuant to | 4 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 5 | | for disclosure to the certificate holder or his or her | 6 | | representative, or (iv) as otherwise provided in this Article | 7 | | and provided that any such information admitted into evidence | 8 | | in a hearing is exempt from this confidentiality and | 9 | | non-disclosure requirement. Except for an act of willful or | 10 | | wanton misconduct, any superintendent who provides | 11 | | notification as required in this subsection (e-5) shall have | 12 | | immunity from any liability, whether civil or criminal or that | 13 | | otherwise might result by reason of such action. | 14 | | (f) After March 19, 1990, the provisions of this Section | 15 | | shall apply to
all employees of persons or firms holding | 16 | | contracts with any school district
including, but not limited | 17 | | to, food service workers, school bus drivers and
other | 18 | | transportation employees, who have direct, daily contact with | 19 | | the
pupils of any school in such district. For purposes of | 20 | | criminal history records checks and checks of the Statewide Sex | 21 | | Offender Database on employees of persons or firms holding | 22 | | contracts with more
than one school district and assigned to | 23 | | more than one school district, the
regional superintendent of | 24 | | the educational service region in which the
contracting school | 25 | | districts are located may, at the request of any such
school | 26 | | district, be responsible for receiving the authorization for
a |
| | | 09700HB3027ham001 | - 18 - | LRB097 10156 NHT 52938 a |
|
| 1 | | criminal history records check prepared by each such employee | 2 | | and submitting the same to the
Department of State Police and | 3 | | for conducting a check of the Statewide Sex Offender Database | 4 | | and the Statewide Child Murderer and Violent Offender Against | 5 | | Youth Database for each employee. Any information concerning | 6 | | the record of
conviction and identification as a sex offender | 7 | | of any such employee obtained by the regional superintendent
| 8 | | shall be promptly reported to the president of the appropriate | 9 | | school board
or school boards. | 10 | | (g) Beginning on January 1, 2012, the provisions of this | 11 | | Section shall apply to all student teachers, as defined by | 12 | | State Board of Education rule, assigned to public schools. | 13 | | Student teachers must undergo a Department of State Police and | 14 | | Federal Bureau of Investigation fingerprint-based criminal | 15 | | history records check. Authorization to conduct the criminal | 16 | | history records check must be furnished by the student teacher | 17 | | to the school to which the student teacher is assigned. The | 18 | | Department of State Police and the Federal Bureau of | 19 | | Investigation shall furnish, pursuant to a fingerprint-based | 20 | | criminal history records check, records of convictions, until | 21 | | expunged, to the president of the Chicago Board of Education. | 22 | | The Department of State Police shall charge a fee for | 23 | | conducting the check, which fee must be deposited into the | 24 | | State Police Services Fund and must not exceed the cost of the | 25 | | inquiry. The student teacher shall be required to pay all fees | 26 | | associated with conducting the criminal history records check, |
| | | 09700HB3027ham001 | - 19 - | LRB097 10156 NHT 52938 a |
|
| 1 | | as well as any other application fees as established by rule | 2 | | including, but not limited to, the fee established by the | 3 | | Department of State Police and the Federal Bureau of | 4 | | Investigation to process fingerprint-based criminal history | 5 | | records checks. Results of the check must also be furnished by | 6 | | the school district to the higher education institution where | 7 | | the student teacher is enrolled. No one may begin student | 8 | | teaching until the results of the criminal history records | 9 | | check have been returned to the school district. In order to | 10 | | student teach in the public schools, a person is required to | 11 | | authorize a fingerprint-based criminal history records check | 12 | | and checks of the Statewide Sex Offender Database and Statewide | 13 | | Child Murderer and Violent Offender Against Youth Database | 14 | | prior to participating in any field experiences in the public | 15 | | schools. Authorization for and payment of the costs of the | 16 | | checks must be furnished by the student teacher. Results of the | 17 | | checks must be furnished to the higher education institution | 18 | | where the student teacher is enrolled and the general | 19 | | superintendent of schools. | 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 21 | | 96-1452, eff. 8-20-10.)".
|
|