Public Act 094-0991
 		





SB0859 Enrolled
LRB094 04502 NHT 34531 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 Section 
21-23 as follows:
 



    (105 ILCS 5/21-23)  (from Ch. 122, par. 21-23)


    Sec. 21-23. Suspension or revocation of certificate. 


    (a) Any certificate issued pursuant to this Article, 
including but not
limited to any administrative certificate or 
endorsement,
may be suspended
for a
period not to exceed one 
calendar year by the regional
superintendent or for a period 
not to exceed 5 calendar years by the
State Superintendent of 
Education upon evidence of immorality, a condition
of health 
detrimental to the welfare of pupils, incompetency,

unprofessional conduct (which includes the failure to disclose 
on an employment application any previous conviction for a sex 
offense, as defined in Section 21-23a of this Code, or any 
other offense committed in any other state or against the laws 
of the United States that, if committed in this State, would be 
punishable as a sex offense, as defined in Section 21-23a of 
this Code), the neglect of any professional duty, willful

failure to report an instance of suspected child abuse or 
neglect as
required by the Abused and Neglected Child Reporting 
Act, failure to
establish satisfactory repayment on an 
educational loan guaranteed by the
Illinois Student Assistance 
Commission,
or other just cause.  Unprofessional conduct shall

include refusal to attend or participate in, institutes, 
teachers' meetings,
professional readings, or to meet other 
reasonable requirements of the
regional superintendent or 
State Superintendent of Education.  Unprofessional
conduct also 
includes conduct that violates the standards,
ethics, or rules

applicable to the security, administration, monitoring, or 
scoring of, or the
reporting of scores from, any assessment 
test or the Prairie State Achievement
Examination administered

under Section 2-3.64 or that is known or intended to produce or 
report
manipulated or artificial, rather than actual, 
assessment or achievement
results
or gains from the 
administration of those tests or examinations.  It shall
also 
include neglect or unnecessary delay in making of statistical 
and
other reports required by school officers. The regional 
superintendent
or State Superintendent of Education shall upon 
receipt of evidence of
immorality, a condition of health 
detrimental to the welfare of pupils,
incompetency, 
unprofessional conduct, the neglect of any professional
duty or 
other just cause serve written notice to the individual and

afford the individual opportunity for a hearing prior to 
suspension.  If
a hearing is requested within 10 days of notice 
of opportunity for
hearing it shall act as a stay of 
proceedings not to exceed 30 days, unless the individual 
requests a delay.  In such an instance, the stay of proceedings 
must be continued for another 30 days.  No
certificate shall be 
suspended until the teacher has an opportunity for
a hearing at 
the educational service region. When a certificate is

suspended, the right of appeal shall lie to the State Teacher

Certification Board.  When an appeal is taken within 10 days 
after
notice of suspension it shall act as a stay of 
proceedings not to exceed
120 days.  If a certificate is 
suspended for a period greater than one
year, the State 
Superintendent of Education shall review the suspension
prior 
to the expiration of that period to determine whether the cause 
for
the suspension has been remedied or continues to exist.  
Upon determining
that the cause for suspension has not abated, 
the State Superintendent of
Education may order that the 
suspension be continued for an appropriate
period.  Nothing in 
this Section prohibits the continuance of such a
suspension for 
an indefinite period if the State Superintendent determines

that the cause for the suspension remains unabated.  Any 
certificate may be
revoked for the same reasons as for 
suspension by the State Superintendent
of Education. No 
certificate shall be revoked until the teacher has an

opportunity for a hearing before the State Teacher 
Certification Board,
which hearing must be held within 120

days 
from the date the appeal is taken, unless the State Teacher 
Certification Board requests a delay.  In such an instance, the 
stay of the revocation proceedings must be continued until the 
completion of the proceedings.

    The State Board may refuse to issue or may suspend the

certificate of any person who fails to file a return, or to pay 
the tax,
penalty or interest shown in a filed return, or to pay 
any final assessment
of tax, penalty or interest, as required 
by any tax Act administered by the
Illinois Department of 
Revenue, until such time as the requirements of any
such tax 
Act are satisfied.

    (b) Any certificate issued pursuant to this Article may be 
suspended
for an appropriate length of time as determined by 
either the regional
superintendent or State Superintendent of 
Education upon evidence that the
holder of the certificate has 
been named as a perpetrator in an indicated
report filed 
pursuant to the Abused and Neglected Child Reporting Act,

approved June 26, 1975, as amended, and upon proof by clear and 
convincing
evidence that the licensee has caused a child to be 
an abused child or
neglected child as defined in the Abused and 
Neglected Child Reporting Act.

    The regional superintendent or State Superintendent of 
Education shall,
upon receipt of evidence that the certificate 
holder has been named a
perpetrator in any indicated report, 
serve written notice to the individual
and afford the 
individual opportunity for a hearing prior to suspension.
If a 
hearing is requested within 10 days of notice of opportunity 
for
hearing, it shall act as a stay of proceedings not to 
exceed 30 days, unless the individual requests a delay.  In such 
an instance, the stay of proceedings must be continued for 
another 30 days.  No
certificate shall be suspended until the 
teacher has an opportunity for
a hearing at the educational 
service region. When a certificate is
suspended, the right of 
appeal shall lie to the State Teacher
Certification Board.  When 
an appeal is taken within 10 days after
notice of suspension it 
shall act as a stay of proceedings not to exceed 120

days.  The 
State Superintendent may revoke any certificate upon proof at

hearing by clear and convincing evidence that the certificate 
holder has
caused a child to be an abused child or neglected 
child as defined in the
Abused and Neglected Child Reporting 
Act.  No certificate shall be revoked
until the teacher has an 
opportunity for a hearing before the State Teacher

Certification Board, which hearing must be held within 120 days 
from the
date the appeal is taken, unless the teacher or the 
hearing officer appointed by the State Teacher Certification 
Board requests a delay.  In such an instance, the stay of the 
revocation proceedings must be continued until the completion 
of the proceedings.

    (c) The State Superintendent of Education or a person 
designated by him
shall have the power to administer oaths to 
witnesses at any hearing
conducted before the State Teacher 
Certification Board pursuant to this
Section.  The State 
Superintendent of Education or a person designated by
him is 
authorized to subpoena and bring before the State Teacher

Certification Board any person in this State and to take 
testimony either
orally or by deposition or by exhibit, with 
the same fees and mileage and
in the same manner as prescribed 
by law in judicial proceedings in the
civil cases in circuit 
courts of this State.

    Any circuit court, upon the application of the State 
Superintendent of
Education, may, by order duly entered, 
require the attendance of witnesses
and the production of 
relevant books and papers at any hearing the State

Superintendent of Education is authorized to conduct pursuant 
to this Section,
and the court may compel obedience to its 
orders by proceedings for contempt.

    (d) As used in this Section, "teacher" means any school 
district employee
regularly required to be certified, as 
provided in this Article, in order to
teach or supervise in the 
public schools.

(Source: P.A. 93-679, eff. 6-30-04.)