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Public Act 093-0909 |
HB3977 Enrolled |
LRB093 14762 LRD 40311 b |
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AN ACT concerning schools.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Department of State Police Law of the
Civil |
Administrative Code of Illinois is amended by changing
Section |
2605-325 as follows:
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(20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
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Sec. 2605-325. Conviction information for school board or |
regional
superintendent. On request of a school board or |
regional
superintendent of schools,
to conduct a |
fingerprint-based criminal history records check
an inquiry |
pursuant to Section 10-21.9 or
34-18.5 of the School
Code to |
ascertain whether an applicant for employment in a school
|
district has
been convicted of any criminal
or drug offenses |
enumerated in Section
10-21.9 or 34-18.5 of the School Code . |
The Department shall furnish the
conviction information to the |
president of the school board of the school
district that has |
requested the information or, if the
information was
requested |
by the regional superintendent, to that regional |
superintendent.
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(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, |
eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, |
eff. 8-14-98;
91-239, eff. 1-1-00.)
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Section 10. The School Code is amended by changing Sections |
2-3.51.5, 10-21.9, 27A-5, and 34-18.5 as follows:
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(105 ILCS 5/2-3.51.5)
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Sec. 2-3.51.5. School Safety and Educational Improvement |
Block Grant
Program. To improve the level of education and |
safety of students from
kindergarten through grade 12 in school |
districts. The State Board of
Education is authorized to fund a |
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School Safety and Educational Improvement
Block Grant Program.
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(1) The program shall provide funding for school safety, |
textbooks and
software, teacher training and curriculum |
development, school improvements, remediation programs under |
subsection (a) of Section 2-3.64, school
report cards under |
Section 10-17a, and criminal history records checks
background
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investigations
under Sections 10-21.9 and 34-18.5. A school |
district
or laboratory school as defined in Section 18-8 or |
18-8.05 is not required
to file an application in order to |
receive the categorical funding to which it
is entitled under |
this Section. Funds for the School Safety and Educational
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Improvement Block Grant Program shall be distributed to school |
districts and
laboratory schools based on the prior year's best |
3 months average daily
attendance. The State Board of Education |
shall promulgate rules and
regulations necessary for the |
implementation of this program.
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(2) Distribution of moneys to school districts shall be |
made in 2
semi-annual installments, one payment on or before |
October 30, and one
payment prior to April 30, of each fiscal |
year.
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(3) Grants under the School Safety and Educational |
Improvement Block Grant
Program shall be awarded provided there |
is an appropriation for the program,
and funding levels for |
each district shall be prorated according to the amount
of the |
appropriation.
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(Source: P.A. 90-548, eff. 1-1-98; 91-711, eff. 7-1-00.)
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(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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Sec. 10-21.9. Criminal history records checks
background
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investigations .
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(a) Certified
After August
1, 1985, 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
an
investigation to determine if |
such applicants have been convicted of any of
the enumerated |
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criminal or drug offenses in subsection (c) of this Section or
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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.
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Authorization for the check
investigation 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
investigation 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 ,
and |
social security number , fingerprint images, and other |
identifiers, as prescribed by
to the Department
of State |
Police , to
on forms prescribed by 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
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investigation 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, until |
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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.
Department of State
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Police shall conduct a search of the Illinois criminal history |
records
database to ascertain if the applicant being
considered |
for employment has been convicted of committing or attempting |
to
commit any of the enumerated
criminal or drug offenses in |
subsection (c) or has been convicted of
committing or |
attempting to commit, within 7
years
of the application for |
employment with the
school district, 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.
The
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Department shall charge
the school district
or the appropriate |
regional superintendent a fee for
conducting such check
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investigation , 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
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investigation by the school
district or by the regional |
superintendent. 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.
The |
regional superintendent
may seek reimbursement from the State |
Board of Education or the appropriate
school district or |
districts for fees paid by the
regional superintendent to the |
Department for the criminal background
investigations required |
by this Section.
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(b)
If the search of the Illinois criminal history records |
database
indicates that the applicant has been convicted of |
committing or attempting to
commit any of the enumerated |
criminal or drug offenses in subsection (c) or
has been |
convicted of committing or attempting to commit, within 7 years
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before the
application for employment with the school district, |
any other felony under the
laws of this State,
the Department |
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and the Federal Bureau of Investigation shall furnish,
pursuant |
to a fingerprint based background check,
records of |
convictions, until expunged, to the president of the school |
board
for the school district which requested the |
investigation, or to the
regional superintendent who requested |
the investigation. 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
investigation was
requested by the school district, the |
presidents of the appropriate school
boards if the check
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investigation was requested from the Department of State
Police |
by the regional superintendent, 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. If a check
an investigation 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
investigation ascertains that the applicant
has |
not been convicted of any of the enumerated criminal or drug |
offenses
in subsection (c) 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, 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 |
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offenses in subsection (c) 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. The school
board of
any
school |
district
located in the educational service region served by |
the regional
superintendent who issues such a certificate to an |
applicant for employment
as a substitute teacher in more than |
one such district may rely on the
certificate issued by the |
regional superintendent to that applicant, or may
initiate its |
own criminal history records check
investigation of the |
applicant through the Department of
State Police as provided in |
subsection (a). Any person who releases any
confidential |
information concerning any criminal convictions of an
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applicant for employment shall be guilty of a Class A |
misdemeanor, unless
the release of such information is |
authorized by this Section.
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(c) No school board shall knowingly employ a person who has |
been
convicted for committing attempted first degree murder or |
for committing or
attempting to commit first degree murder or a |
Class X felony or any one or
more of the
following offenses: |
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
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11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, |
11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the |
"Criminal Code of 1961"; (ii)
those defined in the "Cannabis |
Control Act" except those defined in Sections
4(a), 4(b) and |
5(a) of that Act; (iii) those defined in the "Illinois
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Controlled Substances Act"; and (iv) any
offense committed or |
attempted in
any other state or against the laws of the United |
States, which if
committed or attempted in this State, would |
have been punishable as one or
more of the foregoing offenses.
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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 |
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proceedings under Article II of the Juvenile Court Act of
1987.
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(d) No school board shall knowingly employ a person for |
whom a criminal
history records check
background
investigation |
has not been initiated.
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(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 appropriate regional superintendent of schools or the
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State Superintendent of Education shall initiate the |
certificate suspension
and revocation proceedings authorized |
by law.
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(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
background
investigations 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 check
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investigation prepared by each such employee and
submitting the |
same to the Department of State Police. Any information
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concerning the record of conviction of any such employee |
obtained by the
regional superintendent shall be promptly |
reported to the president of the
appropriate school board or |
school boards.
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(Source: P.A. 93-418, eff. 1-1-04.)
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(105 ILCS 5/27A-5)
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Sec. 27A-5. Charter school; legal entity; requirements.
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(a) A charter school shall be a public, nonsectarian, |
nonreligious, non-home
based, and non-profit school. A charter |
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school shall be organized and operated
as a nonprofit |
corporation or other discrete, legal, nonprofit entity
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authorized under the laws of the State of Illinois.
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(b) A charter school may be established under this Article |
by creating a new
school or by converting an existing public |
school or attendance center to
charter
school status.
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Beginning on the effective date of this amendatory Act of the |
93rd General
Assembly, in all new
applications submitted to the |
State Board or a local school board to establish
a charter
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school in a city having a population exceeding 500,000, |
operation of the
charter
school shall be limited to one campus. |
The changes made to this Section by this
amendatory Act
of the |
93rd General
Assembly do not apply to charter schools existing |
or approved on or before the
effective date of this
amendatory |
Act.
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(c) A charter school shall be administered and governed by |
its board of
directors or other governing body
in the manner |
provided in its charter. The governing body of a charter school
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shall be subject to the Freedom of Information Act and the Open |
Meetings Act.
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(d) A charter school shall comply with all applicable |
health and safety
requirements applicable to public schools |
under the laws of the State of
Illinois.
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(e) Except as otherwise provided in the School Code, a |
charter school shall
not charge tuition; provided that a |
charter school may charge reasonable fees
for textbooks, |
instructional materials, and student activities.
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(f) A charter school shall be responsible for the |
management and operation
of its fiscal affairs including,
but |
not limited to, the preparation of its budget. An audit of each |
charter
school's finances shall be conducted annually by an |
outside, independent
contractor retained by the charter |
school.
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(g) A charter school shall comply with all provisions of |
this Article and
its charter. A charter
school is exempt from |
all other State laws and regulations in the School Code
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governing public
schools and local school board policies, |
except the following:
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(1) Sections 10-21.9 and 34-18.5 of the School Code |
regarding criminal
history records checks
background
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investigations of applicants for employment;
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(2) Sections 24-24 and 34-84A of the School Code |
regarding discipline of
students;
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(3) The Local Governmental and Governmental Employees |
Tort Immunity Act;
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(4) Section 108.75 of the General Not For Profit |
Corporation Act of 1986
regarding indemnification of |
officers, directors, employees, and agents;
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(5) The Abused and Neglected Child Reporting Act;
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(6) The Illinois School Student Records Act; and
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(7) Section 10-17a of the School Code regarding school |
report cards.
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(h) A charter school may negotiate and contract with a |
school district, the
governing body of a State college or |
university or public community college, or
any other public or |
for-profit or nonprofit private entity for: (i) the use
of a |
school building and grounds or any other real property or |
facilities that
the charter school desires to use or convert |
for use as a charter school site,
(ii) the operation and |
maintenance thereof, and
(iii) the provision of any service, |
activity, or undertaking that the charter
school is required to |
perform in order to carry out the terms of its charter.
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However, a charter school
that is established on
or
after the |
effective date of this amendatory Act of the 93rd General
|
Assembly and that operates
in a city having a population |
exceeding
500,000 may not contract with a for-profit entity to
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manage or operate the school during the period that commences |
on the
effective date of this amendatory Act of the 93rd |
General Assembly and
concludes at the end of the 2004-2005 |
school year.
Except as provided in subsection (i) of this |
Section, a school district may
charge a charter school |
reasonable rent for the use of the district's
buildings, |
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grounds, and facilities. Any services for which a charter |
school
contracts
with a school district shall be provided by |
the district at cost. Any services
for which a charter school |
contracts with a local school board or with the
governing body |
of a State college or university or public community college
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shall be provided by the public entity at cost.
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(i) In no event shall a charter school that is established |
by converting an
existing school or attendance center to |
charter school status be required to
pay rent for space
that is |
deemed available, as negotiated and provided in the charter |
agreement,
in school district
facilities. However, all other |
costs for the operation and maintenance of
school district |
facilities that are used by the charter school shall be subject
|
to negotiation between
the charter school and the local school |
board and shall be set forth in the
charter.
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(j) A charter school may limit student enrollment by age or |
grade level.
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(Source: P.A. 93-3, eff. 4-16-03.)
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(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
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Sec. 34-18.5. Criminal history records checks
background
|
investigations .
|
(a) Certified
After August 1, 1985, 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
an |
investigation 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
|
investigation 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
investigation 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 ,
and |
social security number , fingerprint images, and other |
identifiers, as prescribed by
to the Department
of State |
Police , to
on forms prescribed by 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
|
investigation 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, 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.
shall conduct a search |
of the Illinois Criminal history record
information database to |
ascertain if the applicant being
considered for employment has |
been convicted of committing or attempting to
commit any of the |
enumerated
criminal or drug offenses in subsection (c) or
has |
been convicted of committing or attempting to commit, within 7 |
years of
the application for employment with
the
school |
|
district, any other felony under the laws of this State. The
|
Department shall charge
the school district
or the appropriate |
regional superintendent a fee for
conducting such check
|
investigation , 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
|
investigation 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.
The |
regional superintendent
may seek reimbursement from the State |
Board of Education or the appropriate
school district or |
districts for fees paid by the
regional superintendent to the |
Department for the criminal background
investigations required |
by this Section.
|
(b) If the search of the Illinois criminal history records |
database
indicates that the applicant has been convicted of |
committing or attempting to
commit any of the enumerated |
criminal or drug offenses in subsection (c) or
has been |
convicted of committing or attempting to commit, within 7 years |
of the
application for employment with the school district, any |
other felony under the
laws of this State,
the Department and |
the Federal Bureau of Investigation shall furnish,
pursuant to |
a fingerprint based background check,
records of convictions, |
until expunged, to the president of the board of
education for |
the school district which requested the investigation, or
to |
the regional superintendent who requested the investigation. |
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
investigation 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
investigation was requested from the
Department of State |
Police by the regional superintendent, 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. If a check
an |
investigation 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
investigation ascertains that the |
applicant has not been convicted of any
of the enumerated |
criminal or drug offenses in subsection (c) 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, 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) 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. The school
|
board of any school district located
in
the educational
service |
region served by the regional superintendent who issues such a
|
certificate to an applicant for employment as a substitute or |
concurrent
part-time teacher or concurrent educational support |
personnel employee in more
than one such district may rely on |
|
the certificate issued by the regional
superintendent to that |
applicant, or may initiate its own criminal history records |
check
investigation of
the applicant through the Department of |
State Police as provided in
subsection (a). Any person who |
releases any confidential information
concerning any criminal |
convictions of an applicant for employment shall be
guilty of a |
Class A misdemeanor, unless the release of such information is
|
authorized by this Section.
|
(c) The board of education shall not knowingly employ a |
person who has
been convicted for committing attempted first |
degree murder or for
committing or attempting to commit first |
degree murder or a Class X felony
or any one or more of the
|
following offenses: (i) those defined in Sections 11-6, 11-9, |
11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, |
11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 |
and 12-16 of the Criminal Code of
1961; (ii) those defined in |
the Cannabis Control Act,
except those defined in Sections |
4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the |
Illinois Controlled Substances Act;
and (iv) any
offense |
committed or attempted in any other state or against the laws |
of
the United States, which if committed or attempted in this |
State, would
have been punishable as one or more of the |
foregoing offenses.
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
background
|
investigation 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 board of education or the State Superintendent of
|
Education shall initiate the certificate suspension and |
revocation
proceedings authorized by law.
|
|
(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
background
investigations 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 check
|
investigation prepared by each such employee and submitting the |
same to the
Department of State Police. Any information |
concerning the record of
conviction of any such employee |
obtained by the regional superintendent
shall be promptly |
reported to the president of the appropriate school board
or |
school boards.
|
(Source: P.A. 93-418, eff. 1-1-04.)
|
Section 15. The Juvenile Court Act of 1987 is amended by |
changing Section 2-21 as follows:
|
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
|
Sec. 2-21. Findings and adjudication.
|
(1) The court shall state for the record the manner in |
which the parties
received service of process and shall note |
whether the return or returns of
service, postal return receipt |
or receipts for notice by certified mail,
or certificate or |
certificates of publication have been filed in the court
|
record. The court shall enter any appropriate orders of default |
against any
parent who has been properly served in any manner |
and fails to appear.
|
No further service of process as defined in Sections 2-15 |
and 2-16 is
required in any subsequent proceeding for a parent |
|
who was properly served in
any manner, except as required by |
Supreme Court Rule 11.
|
The caseworker shall testify about the diligent search |
conducted for the
parent.
|
After hearing the evidence the court shall determine |
whether or not the
minor is abused, neglected, or dependent. If |
it finds that the minor is not
such a person, the court shall |
order the petition dismissed and the minor
discharged. The |
court's determination of whether the minor is abused,
|
neglected, or dependent shall be stated in writing with the |
factual basis
supporting that determination.
|
If the court finds that the minor is abused, neglected, or |
dependent, the
court shall then determine and put in writing |
the factual basis supporting
that determination, and specify, |
to the extent possible, the acts
or omissions or both of each |
parent, guardian, or legal custodian that form the
basis
of the |
court's findings. That finding shall appear in the order of the |
court.
|
If the court finds that the child has been abused, |
neglected or dependent,
the court shall admonish the parents |
that they must cooperate with the
Department of Children and |
Family Services, comply with the terms of the
service plan, and |
correct the conditions that require the child to be in care,
or |
risk termination of parental rights.
|
If the court determines that a person has inflicted |
physical or sexual
abuse upon a minor, the court shall report |
that determination to the Department
of State Police, which |
shall include that information in its report to the
President |
of the school board for a school district that requests a |
criminal history records check
background
investigation of |
that person , or the regional superintendent of schools who |
requests a check of that person, as required under Section |
10-21.9 or
34-18.5 of the School Code.
|
(2) If, pursuant to subsection (1) of this Section, the |
court determines
and
puts in writing the factual basis |
supporting
the determination that the minor is either abused or |
|
neglected or dependent,
the court shall then set a time not |
later than 30 days after the entry of the
finding for a |
dispositional hearing (unless an earlier date is required
|
pursuant to Section 2-13.1) to be conducted under Section 2-22 |
at which
hearing the court shall determine whether it is |
consistent with the
health, safety and best interests of the
|
minor and the public that he be made a ward of the court. To |
assist the court
in making this and other determinations at the |
dispositional hearing, the court
may order that an |
investigation be conducted and a dispositional report be
|
prepared concerning the minor's physical and mental history and |
condition,
family situation and background, economic status, |
education, occupation,
history of delinquency or criminality, |
personal habits, and any other
information that may be helpful |
to the court. The dispositional hearing may be
continued once |
for a period not to exceed 30 days if the court finds that such
|
continuance is necessary to complete the dispositional report.
|
(3) The time limits of this Section may be waived only by |
consent of
all parties and approval by the court, as determined |
to be consistent with the
health, safety and best interests of |
the minor.
|
(4) For all cases adjudicated prior to July 1, 1991, for |
which no
dispositional hearing has been held prior to that |
date, a dispositional
hearing under Section 2-22 shall be held |
within 90 days of July 1, 1991.
|
(5) The court may terminate the parental rights of a parent |
at the initial
dispositional hearing if all of the following |
conditions are met:
|
(i) the original or amended petition contains a request |
for
termination of parental rights and appointment of a |
guardian with power to
consent to adoption; and
|
(ii) the court has found by a preponderance of |
evidence, introduced or
stipulated to at an adjudicatory |
hearing, that the child comes under the
jurisdiction of the |
court as an abused, neglected, or dependent minor under
|
Section 2-18; and
|
|
(iii) the court finds, on the basis of clear and |
convincing evidence
admitted at the adjudicatory hearing |
that the parent is an unfit person under
subdivision D of |
Section 1 of the Adoption Act; and
|
(iv) the court determines in accordance with the rules |
of evidence for
dispositional proceedings, that:
|
(A) it is in the best interest of the minor and |
public that the child be
made a ward of the court;
|
(A-5) reasonable efforts under subsection (l-1) of |
Section 5 of the
Children and Family Services Act are |
inappropriate or such efforts were
made and were |
unsuccessful; and
|
(B) termination of parental rights and appointment |
of a guardian with
power to consent to adoption is in |
the best interest of the child pursuant to
Section |
2-29.
|
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. |
90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. |
8-16-97; 90-566, eff.
1-2-98; 90-608, eff. 6-30-98.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |