Public Act 101-0072
 
HB2982 EnrolledLRB101 09382 AXK 54480 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Sections 
10-21.9 and 34-18.5 as follows:
 


    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)



    Sec. 10-21.9. Criminal history records checks and checks of 
the Statewide Sex Offender Database and Statewide Murderer and 
Violent Offender Against Youth Database.

    (a) Certified and noncertified applicants for employment 
with a school
district, except school bus driver applicants, 
are required as a condition
of employment to authorize a 
fingerprint-based criminal history records check to determine 
if such applicants have been convicted of any of
the enumerated 
criminal or drug offenses in subsection (c) of this Section or

have been convicted, within 7 years of the application for 
employment with
the
school district, of any other felony under 
the laws of this State or of any
offense committed or attempted 
in any other state or against the laws of
the United States 
that, if committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State.
 
Authorization for
the check shall be furnished by the applicant 
to
the school district, except that if the applicant is a 
substitute teacher
seeking employment in more than one school 
district, a teacher seeking
concurrent part-time employment 
positions with more than one school
district (as a reading 
specialist, special education teacher or otherwise),
or an 
educational support personnel employee seeking employment 
positions
with more than one district, any such district may 
require the applicant to
furnish authorization for
the  check to 
the regional superintendent
of the educational service region 
in which are located the school districts
in which the 
applicant is seeking employment as a substitute or concurrent

part-time teacher or concurrent educational support personnel 
employee.
Upon receipt of this authorization, the school 
district or the appropriate
regional superintendent, as the 
case may be, shall submit the applicant's
name, sex, race, date 
of birth, social security number, fingerprint images, and other 
identifiers, as prescribed by the Department
of State Police, 
to the Department. The regional
superintendent submitting the 
requisite information to the Department of
State Police shall 
promptly notify the school districts in which the
applicant is 
seeking employment as a substitute or concurrent part-time

teacher or concurrent educational support personnel employee 
that
the
check of the applicant has been requested. The 
Department of State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the school board for the school district that requested the 
check, or to the regional superintendent who requested the 
check.
 The
Department shall charge
the school district
or the 
appropriate regional superintendent a fee for
conducting
 such 
check, which fee shall be deposited in the State
Police 
Services Fund and shall not exceed the cost of
the inquiry; and 
the
applicant shall not be charged a fee for
such check by the 
school
district or by the regional superintendent, except that 
those applicants seeking employment as a substitute teacher 
with a school district may be charged a fee not to exceed the 
cost of the inquiry.  Subject to appropriations for these 
purposes, the State Superintendent of Education shall 
reimburse school districts and regional superintendents for 
fees paid to obtain criminal history records checks under this 
Section.

    (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender Database, 
as authorized by the Sex Offender Community Notification Law, 
for each applicant.
    (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Murderer and Violent 
Offender Against Youth Database, as authorized by the Murderer 
and Violent Offender Against Youth Community Notification Law, 
for each applicant.
    (b)
  Any information
concerning the record of convictions 
obtained by the president of the
school board or the regional 
superintendent shall be confidential and may
only be 
transmitted to the superintendent of the school district or his

designee, the appropriate regional superintendent if
the check 
was
requested by the school district, the presidents of the 
appropriate school
boards if
the check was requested from the 
Department of State
Police by the regional superintendent, the 
State Board of Education and a school district as authorized 
under subsection (b-5), the State Superintendent of
Education, 
the State Teacher Certification Board, any other person

necessary to the decision of hiring the applicant for 
employment, or for clarification purposes the Department of 
State Police or Statewide Sex Offender Database, or both.  A 
copy
of the record of convictions obtained from the Department 
of State Police
shall be provided to the applicant for 
employment. Upon the check of the Statewide Sex Offender 
Database or Statewide Murderer and Violent Offender Against 
Youth Database, the school district or regional superintendent 
shall notify an applicant as to whether or not the applicant 
has been identified in the Database as a sex offender. If a 
check of
an applicant for employment as a substitute or 
concurrent part-time teacher
or concurrent educational support 
personnel employee in more than one
school district was 
requested by the regional superintendent, and the
Department of 
State Police upon a check ascertains that the applicant
has not 
been convicted of any of the enumerated criminal or drug 
offenses
in subsection (c) of this Section
or has not been 
convicted, within 7 years of the
application for
employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State
and so 
notifies the regional
superintendent and if the regional 
superintendent upon a check ascertains that the applicant has 
not been identified in the Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database as a sex 
offender, then the
regional superintendent shall issue to the 
applicant a certificate
evidencing that as of the date 
specified by the Department of State Police
the applicant has 
not been convicted of any of the enumerated criminal or
drug 
offenses in subsection (c) of this Section
or has not been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and 
evidencing that as of the date that the regional superintendent 
conducted a check of the Statewide Sex Offender Database or 
Statewide Murderer and Violent Offender Against Youth 
Database, the applicant has not been identified in the Database 
as a sex offender.  The school
board of
any
school district
may 
rely on the
certificate issued by any regional superintendent 
to that substitute teacher, concurrent part-time teacher, or 
concurrent educational support personnel employee or may

initiate its own criminal history records check of the 
applicant through the Department of
State Police and its own 
check of the Statewide Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database as 
provided in this Section subsection (a). Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.

    (b-5) If a criminal history records check or check of the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database is performed by a 
regional superintendent for an applicant seeking employment as 
a substitute teacher with a school district, the regional 
superintendent may disclose to the State Board of Education 
whether the applicant has been issued a certificate under 
subsection (b) based on those checks. If the State Board 
receives information on an applicant under this subsection, 
then it must indicate in the Educator Licensure Information 
System for a 90-day period that the applicant has been issued 
or has not been issued a certificate. 
    (c) No school board shall knowingly employ a person who has 
been
convicted of any offense that would subject him or her to 
license suspension or revocation pursuant to Section 21B-80 of 
this Code.
Further, no school board shall knowingly employ a 
person who has been found
to be the perpetrator of sexual or 
physical abuse of any minor under 18 years
of age pursuant to 
proceedings under Article II of the Juvenile Court Act of
1987.

    (d) No school board shall knowingly employ a person for 
whom a criminal
history records check and a Statewide Sex 
Offender Database check has not been initiated.

    (e) Upon receipt of the record of a conviction of or a 
finding of child
abuse by a holder of any
certificate issued 
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School 
Code, the
State Superintendent of Education may initiate 
certificate suspension
and revocation proceedings as 
authorized by law.

    (e-5)  The superintendent of the employing school board 
shall, in writing, notify the State Superintendent of Education 
and the applicable regional superintendent of schools of any 
certificate holder whom he or she has reasonable cause to 
believe has committed an intentional act of abuse or neglect 
with the result of making a child an abused child or a 
neglected child, as defined in Section 3 of the Abused and 
Neglected Child Reporting Act, and that act resulted in the 
certificate holder's dismissal or resignation from the school 
district.  This notification must be submitted within 30 days 
after the dismissal or resignation.  The certificate holder must 
also be contemporaneously sent a copy of the notice by the 
superintendent.  All correspondence, documentation, and other 
information so received by the regional superintendent of 
schools, the State Superintendent of Education, the State Board 
of Education, or the State Teacher Certification Board under 
this subsection (e-5) is confidential and must not be disclosed 
to third parties, except (i) as necessary for the State 
Superintendent of Education or his or her designee to 
investigate and prosecute pursuant to Article 21 of this Code, 
(ii) pursuant to a court order, (iii) for disclosure to the 
certificate holder or his or her representative, or (iv) as 
otherwise provided in this Article and provided that any such 
information admitted into evidence in a hearing is exempt from 
this confidentiality and non-disclosure requirement.  Except 
for an act of willful or wanton misconduct, any superintendent 
who provides notification as required in this subsection (e-5) 
shall have immunity from any liability, whether civil or 
criminal or that otherwise might result by reason of such 
action.
    (f) After January 1, 1990 the provisions of this Section 
shall apply
to all employees of persons or firms holding 
contracts with any school
district including, but not limited 
to, food service workers, school bus
drivers and other 
transportation employees, who have direct, daily contact
with 
the pupils of any school in such district. For purposes of 
criminal
history records checks and checks of the Statewide Sex 
Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to 
more than one
school district, the regional superintendent of 
the educational service
region in which the contracting school 
districts are located may, at the
request of any such school 
district, be responsible for receiving the
authorization for
a 
criminal history records check prepared by each such employee 
and
submitting the same to the Department of State Police and 
for conducting a check of the Statewide Sex Offender Database 
for each employee.  Any information
concerning the record of 
conviction and identification as a sex offender of any such 
employee obtained by the
regional superintendent shall be 
promptly reported to the president of the
appropriate school 
board or school boards.

    (f-5) Upon request of a school or school district, any 
information obtained by a school district pursuant to 
subsection (f) of this Section within the last year must be 
made available to the requesting school or school district.
    (g) Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in the public schools, a 
student teacher is required to authorize a fingerprint-based 
criminal history records check.  Authorization for and payment 
of the costs of the check must be furnished by the student 
teacher to the school district where the student teaching is to 
be completed. Upon receipt of this authorization and payment, 
the school district shall submit the student teacher's name, 
sex, race, date of birth, social security number, fingerprint 
images, and other identifiers, as prescribed by the Department 
of State Police, to the Department of State Police. The 
Department of State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the school board for the school district that requested the 
check. The Department shall charge the school district a fee 
for conducting the check, which fee must not exceed the cost of 
the inquiry and must be deposited into the State Police 
Services Fund.  The school district shall further perform a 
check of the Statewide Sex Offender Database, as authorized by 
the Sex Offender Community Notification Law, and of the 
Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. No 
school board may knowingly allow a person to student teach for 
whom a criminal history records check, a Statewide Sex Offender 
Database check, and a Statewide Murderer and Violent Offender 
Against Youth Database check have not been completed and 
reviewed by the district.
    A copy of the record of convictions obtained from the 
Department of State Police must be provided to the student 
teacher. Any information concerning the record of convictions 
obtained by the president of the school board is confidential 
and may only be transmitted to the superintendent of the school 
district or his or her designee, the State Superintendent of 
Education, the State Educator Preparation and Licensure Board, 
or, for clarification purposes, the Department of State Police 
or the Statewide Sex Offender Database or Statewide Murderer 
and Violent Offender Against Youth Database.  Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
    No school board may knowingly allow a person to student 
teach who has been convicted of any offense that would subject 
him or her to license suspension or revocation pursuant to 
Section 21B-80 of this Code or who has been found to be the 
perpetrator of sexual or physical abuse of a minor under 18 
years of age pursuant to proceedings under Article II of the 
Juvenile Court Act of 1987.
    (h) (Blank).
(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)

 
    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
    Sec. 34-18.5. Criminal history records checks and checks of 
the Statewide Sex Offender Database and Statewide Murderer and 
Violent Offender Against Youth Database.
    (a) Certified and noncertified applicants for
employment 
with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history 
records check to determine if such applicants
have been 
convicted of any of the enumerated criminal or drug offenses in

subsection (c) of this Section or have been
convicted, within 7 
years of the application for employment with the
school 
district, of any other felony under the laws of this State or 
of any
offense committed or attempted in any other state or 
against the laws of
the United States that, if committed or 
attempted in this State, would
have been punishable as a felony 
under the laws of this State. Authorization
for
the
check shall

be furnished by the applicant to the school district, except 
that if the
applicant is a substitute teacher seeking 
employment in more than one
school district, or a teacher 
seeking concurrent part-time employment
positions with more 
than one school district (as a reading specialist,
special 
education teacher or otherwise), or an educational support

personnel employee seeking employment positions with more than 
one
district, any such district may require the applicant to 
furnish
authorization for
the check to the regional 
superintendent of the
educational service region in which are 
located the school districts in
which the applicant is seeking 
employment as a substitute or concurrent
part-time teacher or 
concurrent educational support personnel employee.
Upon 
receipt of this authorization, the school district or the 
appropriate
regional superintendent, as the case may be, shall 
submit the applicant's
name, sex, race, date of birth, social 
security number, fingerprint images, and other identifiers, as 
prescribed by the Department
of State Police, to the 
Department. The regional
superintendent submitting the 
requisite information to the Department of
State Police shall 
promptly notify the school districts in which the
applicant is 
seeking employment as a substitute or concurrent part-time

teacher or concurrent educational support personnel employee 
that
the
check of the applicant has been requested. The 
Department of State
Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the school board for the school district that requested the 
check, or to the regional superintendent who requested the 
check.  The
Department shall charge
the school district
or the 
appropriate regional superintendent a fee for
conducting
such 
check, which fee shall be deposited in the State
Police 
Services Fund and shall not exceed the cost of the inquiry; and 
the
applicant shall not be charged a fee for
such check by the 
school
district or by the regional superintendent.  Subject to 
appropriations for these purposes, the State Superintendent of 
Education shall reimburse the school district and regional 
superintendent for fees paid to obtain criminal history records 
checks under this Section.
    (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender Database, 
as authorized by the Sex Offender Community Notification Law, 
for each applicant.
    (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Murderer and Violent 
Offender Against Youth Database, as authorized by the Murderer 
and Violent Offender Against Youth Community Notification Law, 
for each applicant.
    (b) Any
information concerning the record of convictions 
obtained by the president
of the board of education or the 
regional superintendent shall be
confidential and may only be 
transmitted to the general superintendent of
the school 
district or his designee, the appropriate regional

superintendent if
the check was requested by the board of 
education
for the school district, the presidents of the 
appropriate board of
education or school boards if
the check 
was requested from the
Department of State Police by the 
regional superintendent, the State Board of Education and the 
school district as authorized under subsection (b-5), the State

Superintendent of Education, the State Teacher Certification 
Board or any
other person necessary to the decision of hiring 
the applicant for
employment. A copy of the record of 
convictions obtained from the
Department of State Police shall 
be provided to the applicant for
employment. Upon the check of 
the Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database, the school district or 
regional superintendent shall notify an applicant as to whether 
or not the applicant has been identified in the Database as a 
sex offender. If a check of an applicant for employment as a

substitute or concurrent part-time teacher or concurrent 
educational
support personnel employee in more than one school 
district was requested
by the regional superintendent, and the 
Department of State Police upon
a check ascertains that the 
applicant has not been convicted of any
of the enumerated 
criminal or drug offenses in subsection (c) of this Section
or 
has not been
convicted,
within 7 years of the application for 
employment with the
school district, of any other felony under 
the laws of this State or of any
offense committed or attempted 
in any other state or against the laws of
the United States 
that, if committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and so

notifies the regional superintendent and if the regional 
superintendent upon a check ascertains that the applicant has 
not been identified in the Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database as a sex 
offender, then the regional superintendent
shall issue to the 
applicant a certificate evidencing that as of the date

specified by the Department of State Police the applicant has 
not been
convicted of any of the enumerated criminal or drug 
offenses in subsection
(c) of this Section
or has not been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and 
evidencing that as of the date that the regional superintendent 
conducted a check of the Statewide Sex Offender Database or 
Statewide Murderer and Violent Offender Against Youth 
Database, the applicant has not been identified in the Database 
as a sex offender.  The school
board of any school district may 
rely on the certificate issued by any regional
superintendent 
to that substitute teacher, concurrent part-time teacher, or 
concurrent educational support personnel employee

or may 
initiate its own criminal history records check of
the 
applicant through the Department of State Police and its own 
check of the Statewide Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database as 
provided in this Section
subsection (a). Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
    (b-5) If a criminal history records check or check of the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database is performed by a 
regional superintendent for an applicant seeking employment as 
a substitute teacher with the school district, the regional 
superintendent may disclose to the State Board of Education 
whether the applicant has been issued a certificate under 
subsection (b) based on those checks. If the State Board 
receives information on an applicant under this subsection, 
then it must indicate in the Educator Licensure Information 
System for a 90-day period that the applicant has been issued 
or has not been issued a certificate. 
    (c) The board of education shall not knowingly employ a 
person who has
been convicted of any offense that would subject 
him or her to license suspension or revocation pursuant to 
Section 21B-80 of this Code.
Further, the board of education 
shall not knowingly employ a person who has
been found to be 
the perpetrator of sexual or physical abuse of any minor under

18 years of age pursuant to proceedings under Article II of the 
Juvenile Court
Act of 1987.
    (d) The board of education shall not knowingly employ a 
person for whom
a criminal history records check and a 
Statewide Sex Offender Database check has not been initiated.
    (e) Upon receipt of the record of a conviction of or a 
finding of child
abuse by a holder of any
certificate issued 
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School 
Code, the State Superintendent of
Education may initiate 
certificate suspension and revocation
proceedings as 
authorized by law.
    (e-5)  The general superintendent of schools shall, in 
writing, notify the State Superintendent of Education of any 
certificate holder whom he or she has reasonable cause to 
believe has committed an intentional act of abuse or neglect 
with the result of making a child an abused child or a 
neglected child, as defined in Section 3 of the Abused and 
Neglected Child Reporting Act, and that act resulted in the 
certificate holder's dismissal or resignation from the school 
district.  This notification must be submitted within 30 days 
after the dismissal or resignation.  The certificate holder must 
also be contemporaneously sent a copy of the notice by the 
superintendent.  All correspondence, documentation, and other 
information so received by the State Superintendent of 
Education, the State Board of Education, or the State Teacher 
Certification Board under this subsection (e-5) is 
confidential and must not be disclosed to third parties, except 
(i) as necessary for the State Superintendent of Education or 
his or her designee to investigate and prosecute pursuant to 
Article 21 of this Code, (ii) pursuant to a court order, (iii) 
for disclosure to the certificate holder or his or her 
representative, or (iv) as otherwise provided in this Article 
and provided that any such information admitted into evidence 
in a hearing is exempt from this confidentiality and 
non-disclosure requirement.  Except for an act of willful or 
wanton misconduct, any superintendent who provides 
notification as required in this subsection (e-5) shall have 
immunity from any liability, whether civil or criminal or that 
otherwise might result by reason of such action.
    (f) After March 19, 1990, the provisions of this Section 
shall apply to
all employees of persons or firms holding 
contracts with any school district
including, but not limited 
to, food service workers, school bus drivers and
other 
transportation employees, who have direct, daily contact with 
the
pupils of any school in such district. For purposes of 
criminal history records checks and checks of the Statewide Sex 
Offender Database on employees of persons or firms holding 
contracts with more
than one school district and assigned to 
more than one school district, the
regional superintendent of 
the educational service region in which the
contracting school 
districts are located may, at the request of any such
school 
district, be responsible for receiving the authorization for
a  
criminal history records check prepared by each such employee 
and submitting the same to the
Department of State Police and 
for conducting a check of the Statewide Sex Offender Database 
for each employee.  Any information concerning the record of

conviction and identification as a sex offender of any such 
employee obtained by the regional superintendent
shall be 
promptly reported to the president of the appropriate school 
board
or school boards.
    (f-5) Upon request of a school or school district, any 
information obtained by the school district pursuant to 
subsection (f) of this Section within the last year must be 
made available to the requesting school or school district.
    (g) Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in the public schools, a 
student teacher is required to authorize a fingerprint-based 
criminal history records check.  Authorization for and payment 
of the costs of the check must be furnished by the student 
teacher to the school district. Upon receipt of this 
authorization and payment, the school district shall submit the 
student teacher's name, sex, race, date of birth, social 
security number, fingerprint images, and other identifiers, as 
prescribed by the Department of State Police, to the Department 
of State Police. The Department of State Police and the Federal 
Bureau of Investigation shall furnish, pursuant to a 
fingerprint-based criminal history records check, records of 
convictions, forever and hereinafter, until expunged, to the 
president of the board. The Department shall charge the school 
district a fee for conducting the check, which fee must not 
exceed the cost of the inquiry and must be deposited into the 
State Police Services Fund.  The school district shall further 
perform a check of the Statewide Sex Offender Database, as 
authorized by the Sex Offender Community Notification Law, and 
of the Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. The 
board may not knowingly allow a person to student teach for 
whom a criminal history records check, a Statewide Sex Offender 
Database check, and a Statewide Murderer and Violent Offender 
Against Youth Database check have not been completed and 
reviewed by the district.
    A copy of the record of convictions obtained from the 
Department of State Police must be provided to the student 
teacher. Any information concerning the record of convictions 
obtained by the president of the board is confidential and may 
only be transmitted to the general superintendent of schools or 
his or her designee, the State Superintendent of Education, the 
State Educator Preparation and Licensure Board, or, for 
clarification purposes, the Department of State Police or the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database.  Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
    The board may not knowingly allow a person to student teach 
who has been convicted of any offense that would subject him or 
her to license suspension or revocation pursuant to Section 
21B-80 of this Code or who has been found to be the perpetrator 
of sexual or physical abuse of a minor under 18 years of age 
pursuant to proceedings under Article II of the Juvenile Court 
Act of 1987.
    (h) (Blank).
(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.