Section 25.492  Licensure of Persons Adjudicated or Found to Have Committed an Act of Sexual Misconduct

Pursuant to Section 21B-75(b) of the Code, the State Superintendent, in consultation with SEPLB, may initiate the suspension or revocation of a license, endorsement, or approval for an act of sexual misconduct, as defined in Section 22-85.5 of the Code.  Accordingly, each applicant for the issuance, registration, reinstatement, or renewal of an Illinois professional educator license, an educator license with stipulations, or substitute teaching license or for the addition of another credential (e.g., endorsement, approval, designation), including any credential issued under Subpart G, shall be required to indicate on the relevant form whether that applicant has ever been notified that the applicant has been adjudicated or found to have committed an act of sexual misconduct, as defined in Section 22-85.5 of the Code, by an employer or a state agency responsible for educator misconduct in Illinois or any other state if the finding was not reversed.

a)         Each individual providing an affirmative response to this question shall be ineligible to receive, register, reinstate, or renew a license or to receive an additional credential until the individual provides to the State Superintendent of Education:

1)         an official and final copy of the notice of adjudication or finding of an act of sexual misconduct, any discipline document (including termination document) and the justification for such discipline, or resignation agreement, to the extent such records exist;

2)         a personal statement that meets the requirements outlined in Section 25.480(a) that includes a detailed explanation of the individual's relationship to the child;

3)         character references that meet the requirements outlined in Section 25.480(b), in which the authors clearly indicate that they have knowledge that the applicant has been found to be a perpetrator of sexual misconduct but can also attest to the individual's good character, as defined in Section 21B-15 of the Code, and rehabilitation; and

4)         an explanation of the status of any request to amend or remove the finding.

b)         The State Superintendent shall review the documentation provided by the applicant pursuant to subsection (a) and determine whether issuance, renewal, reinstatement, or registration of a license or issuance of one or more additional credentials, as applicable, is appropriate based on whether the evidence of good character, as defined in Section 21B-15 of the Code, and rehabilitation provided is convincing when taken together with the gravity of the offense, the individual's age and background at the time of the offense, and any criminal penalty that was imposed.

(Source:  Added at 48 Ill. Reg. 7729, effective May 9, 2024)