104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2521

 

Introduced 2/4/2025, by Rep. Laura Faver Dias

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5  from Ch. 122, par. 34-18.5

    Amends the School Code. Includes game officials in provisions requiring applicants for employment with a school district to undergo a fingerprint-based criminal history records check and check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.


LRB104 09890 LNS 19960 b

 

 

A BILL FOR

 

HB2521LRB104 09890 LNS 19960 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9 and 34-18.5 as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks
8of the Statewide Sex Offender Database and Statewide Murderer
9and Violent Offender Against Youth Database.
10    (a) Licensed and nonlicensed applicants for employment
11with a school district, including game officials but excluding
12except school bus driver applicants, are required as a
13condition of employment to authorize a fingerprint-based
14criminal history records check to determine if such applicants
15have been convicted of any disqualifying, enumerated criminal
16or drug offenses in subsection (c) of this Section or have been
17convicted, within 7 years of the application for employment
18with the school district, of any other felony under the laws of
19this State or of any offense committed or attempted in any
20other state or against the laws of the United States that, if
21committed or attempted in this State, would have been
22punishable as a felony under the laws of this State.
23Authorization for the check shall be furnished by the

 

 

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1applicant to the school district, except that if the applicant
2is a substitute teacher seeking employment in more than one
3school district, a teacher seeking concurrent part-time
4employment positions with more than one school district (as a
5reading specialist, special education teacher or otherwise),
6or an educational support personnel employee seeking
7employment positions with more than one district, any such
8district may require the applicant to furnish authorization
9for the check to the regional superintendent of the
10educational service region in which are located the school
11districts in which the applicant is seeking employment as a
12substitute or concurrent part-time teacher or concurrent
13educational support personnel employee. Upon receipt of this
14authorization, the school district or the appropriate regional
15superintendent, as the case may be, shall submit the
16applicant's name, sex, race, date of birth, social security
17number, fingerprint images, and other identifiers, as
18prescribed by the Illinois State Police, to the Illinois State
19Police. The regional superintendent submitting the requisite
20information to the Illinois State Police shall promptly notify
21the school districts in which the applicant is seeking
22employment as a substitute or concurrent part-time teacher or
23concurrent educational support personnel employee that the
24check of the applicant has been requested. The Illinois State
25Police and the Federal Bureau of Investigation shall furnish,
26pursuant to a fingerprint-based criminal history records

 

 

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1check, records of convictions, forever and hereinafter, until
2expunged, to the president of the school board for the school
3district that requested the check, or to the regional
4superintendent who requested the check. The Illinois State
5Police shall charge the school district or the appropriate
6regional superintendent a fee for conducting such check, which
7fee shall be deposited in the State Police Services Fund and
8shall not exceed the cost of the inquiry; and the applicant
9shall not be charged a fee for such check by the school
10district or by the regional superintendent, except that those
11applicants seeking employment as a substitute teacher with a
12school district may be charged a fee not to exceed the cost of
13the inquiry. Subject to appropriations for these purposes, the
14State Superintendent of Education shall reimburse school
15districts and regional superintendents for fees paid to obtain
16criminal history records checks under this Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender
19Database, as authorized by the Sex Offender Community
20Notification Law, for each applicant. The check of the
21Statewide Sex Offender Database must be conducted by the
22school district or regional superintendent once for every 5
23years that an applicant remains employed by the school
24district.
25    (a-6) The school district or regional superintendent shall
26further perform a check of the Statewide Murderer and Violent

 

 

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1Offender Against Youth Database, as authorized by the Murderer
2and Violent Offender Against Youth Community Notification Law,
3for each applicant. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the
5school district or regional superintendent once for every 5
6years that an applicant remains employed by the school
7district.
8    (b) Any information concerning the record of convictions
9obtained by the president of the school board or the regional
10superintendent shall be confidential and may only be
11transmitted to the superintendent of the school district or
12his designee, the appropriate regional superintendent if the
13check was requested by the school district, the presidents of
14the appropriate school boards if the check was requested from
15the Illinois State Police by the regional superintendent, the
16State Board of Education and a school district as authorized
17under subsection (b-5), the State Superintendent of Education,
18the State Educator Preparation and Licensure Board, any other
19person necessary to the decision of hiring the applicant for
20employment, or for clarification purposes the Illinois State
21Police or Statewide Sex Offender Database, or both. A copy of
22the record of convictions obtained from the Illinois State
23Police shall be provided to the applicant for employment. Upon
24the check of the Statewide Sex Offender Database or Statewide
25Murderer and Violent Offender Against Youth Database, the
26school district or regional superintendent shall notify an

 

 

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1applicant as to whether or not the applicant has been
2identified in the Database. If a check of an applicant for
3employment as a substitute or concurrent part-time teacher or
4concurrent educational support personnel employee in more than
5one school district was requested by the regional
6superintendent, and the Illinois State Police upon a check
7ascertains that the applicant has not been convicted of any of
8the enumerated criminal or drug offenses in subsection (c) of
9this Section or has not been convicted, within 7 years of the
10application for employment with the school district, of any
11other felony under the laws of this State or of any offense
12committed or attempted in any other state or against the laws
13of the United States that, if committed or attempted in this
14State, would have been punishable as a felony under the laws of
15this State and so notifies the regional superintendent and if
16the regional superintendent upon a check ascertains that the
17applicant has not been identified in the Sex Offender Database
18or Statewide Murderer and Violent Offender Against Youth
19Database, then the regional superintendent shall issue to the
20applicant a certificate evidencing that as of the date
21specified by the Illinois State Police the applicant has not
22been convicted of any of the enumerated criminal or drug
23offenses in subsection (c) of this Section or has not been
24convicted, within 7 years of the application for employment
25with the school district, of any other felony under the laws of
26this State or of any offense committed or attempted in any

 

 

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1other state or against the laws of the United States that, if
2committed or attempted in this State, would have been
3punishable as a felony under the laws of this State and
4evidencing that as of the date that the regional
5superintendent conducted a check of the Statewide Sex Offender
6Database or Statewide Murderer and Violent Offender Against
7Youth Database, the applicant has not been identified in the
8Database. The school board of any school district may rely on
9the certificate issued by any regional superintendent to that
10substitute teacher, concurrent part-time teacher, or
11concurrent educational support personnel employee or may
12initiate its own criminal history records check of the
13applicant through the Illinois State Police and its own check
14of the Statewide Sex Offender Database or Statewide Murderer
15and Violent Offender Against Youth Database as provided in
16this Section. Any unauthorized release of confidential
17information may be a violation of Section 7 of the Criminal
18Identification Act.
19    (b-5) If a criminal history records check or check of the
20Statewide Sex Offender Database or Statewide Murderer and
21Violent Offender Against Youth Database is performed by a
22regional superintendent for an applicant seeking employment as
23a substitute teacher with a school district, the regional
24superintendent may disclose to the State Board of Education
25whether the applicant has been issued a certificate under
26subsection (b) based on those checks. If the State Board

 

 

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1receives information on an applicant under this subsection,
2then it must indicate in the Educator Licensure Information
3System for a 90-day period that the applicant has been issued
4or has not been issued a certificate.
5    (c) No school board shall knowingly employ a person who
6has been convicted of any offense that would subject him or her
7to license suspension or revocation pursuant to Section 21B-80
8of this Code, except as provided under subsection (b) of
9Section 21B-80. Further, no school board shall knowingly
10employ a person who has been found to be the perpetrator of
11sexual or physical abuse of any minor under 18 years of age
12pursuant to proceedings under Article II of the Juvenile Court
13Act of 1987. As a condition of employment, each school board
14must consider the status of a person who has been issued an
15indicated finding of abuse or neglect of a child by the
16Department of Children and Family Services under the Abused
17and Neglected Child Reporting Act or by a child welfare agency
18of another jurisdiction.
19    (d) No school board shall knowingly employ a person for
20whom a criminal history records check and a Statewide Sex
21Offender Database check have not been initiated.
22    (e) Within 10 days after a superintendent, regional office
23of education, or entity that provides background checks of
24license holders to public schools receives information of a
25pending criminal charge against a license holder for an
26offense set forth in Section 21B-80 of this Code, the

 

 

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1superintendent, regional office of education, or entity must
2notify the State Superintendent of Education of the pending
3criminal charge.
4    If permissible by federal or State law, no later than 15
5business days after receipt of a record of conviction or of
6checking the Statewide Murderer and Violent Offender Against
7Youth Database or the Statewide Sex Offender Database and
8finding a registration, the superintendent of the employing
9school board or the applicable regional superintendent shall,
10in writing, notify the State Superintendent of Education of
11any license holder who has been convicted of a crime set forth
12in Section 21B-80 of this Code. Upon receipt of the record of a
13conviction of or a finding of child abuse by a holder of any
14license issued pursuant to Article 21B or Section 34-8.1 of
15this Code, the State Superintendent of Education may initiate
16licensure suspension and revocation proceedings as authorized
17by law. If the receipt of the record of conviction or finding
18of child abuse is received within 6 months after the initial
19grant of or renewal of a license, the State Superintendent of
20Education may rescind the license holder's license.
21    (e-5) The superintendent of the employing school board
22shall, in writing, notify the State Superintendent of
23Education and the applicable regional superintendent of
24schools of any license holder whom he or she has reasonable
25cause to believe has committed (i) an intentional act of abuse
26or neglect with the result of making a child an abused child or

 

 

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1a neglected child, as defined in Section 3 of the Abused and
2Neglected Child Reporting Act, or (ii) an act of sexual
3misconduct, as defined in Section 22-85.5 of this Code, and
4that act resulted in the license holder's dismissal or
5resignation from the school district. This notification must
6be submitted within 30 days after the dismissal or resignation
7and must include the Illinois Educator Identification Number
8(IEIN) of the license holder and a brief description of the
9misconduct alleged. The license holder must also be
10contemporaneously sent a copy of the notice by the
11superintendent. All correspondence, documentation, and other
12information so received by the regional superintendent of
13schools, the State Superintendent of Education, the State
14Board of Education, or the State Educator Preparation and
15Licensure Board under this subsection (e-5) is confidential
16and must not be disclosed to third parties, except (i) as
17necessary for the State Superintendent of Education or his or
18her designee to investigate and prosecute pursuant to Article
1921B of this Code, (ii) pursuant to a court order, (iii) for
20disclosure to the license holder or his or her representative,
21or (iv) as otherwise provided in this Article and provided
22that any such information admitted into evidence in a hearing
23is exempt from this confidentiality and non-disclosure
24requirement. Except for an act of willful or wanton
25misconduct, any superintendent who provides notification as
26required in this subsection (e-5) shall have immunity from any

 

 

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1liability, whether civil or criminal or that otherwise might
2result by reason of such action.
3    (f) After January 1, 1990 the provisions of this Section
4shall apply to all employees of persons or firms holding
5contracts with any school district including, but not limited
6to, food service workers, school bus drivers and other
7transportation employees, who have direct, daily contact with
8the pupils of any school in such district. For purposes of
9criminal history records checks and checks of the Statewide
10Sex Offender Database on employees of persons or firms holding
11contracts with more than one school district and assigned to
12more than one school district, the regional superintendent of
13the educational service region in which the contracting school
14districts are located may, at the request of any such school
15district, be responsible for receiving the authorization for a
16criminal history records check prepared by each such employee
17and submitting the same to the Illinois State Police and for
18conducting a check of the Statewide Sex Offender Database for
19each employee. Any information concerning the record of
20conviction and identification as a sex offender of any such
21employee obtained by the regional superintendent shall be
22promptly reported to the president of the appropriate school
23board or school boards.
24    (f-5) Upon request of a school or school district, any
25information obtained by a school district pursuant to
26subsection (f) of this Section within the last year must be

 

 

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1made available to the requesting school or school district.
2    (g) Prior to the commencement of any student teaching
3experience or required internship (which is referred to as
4student teaching in this Section) in the public schools, a
5student teacher is required to authorize a fingerprint-based
6criminal history records check. Authorization for and payment
7of the costs of the check must be furnished by the student
8teacher to the school district where the student teaching is
9to be completed. Upon receipt of this authorization and
10payment, the school district shall submit the student
11teacher's name, sex, race, date of birth, social security
12number, fingerprint images, and other identifiers, as
13prescribed by the Illinois State Police, to the Illinois State
14Police. The Illinois State Police and the Federal Bureau of
15Investigation shall furnish, pursuant to a fingerprint-based
16criminal history records check, records of convictions,
17forever and hereinafter, until expunged, to the president of
18the school board for the school district that requested the
19check. The Illinois State Police shall charge the school
20district a fee for conducting the check, which fee must not
21exceed the cost of the inquiry and must be deposited into the
22State Police Services Fund. The school district shall further
23perform a check of the Statewide Sex Offender Database, as
24authorized by the Sex Offender Community Notification Law, and
25of the Statewide Murderer and Violent Offender Against Youth
26Database, as authorized by the Murderer and Violent Offender

 

 

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1Against Youth Registration Act, for each student teacher. No
2school board may knowingly allow a person to student teach for
3whom a criminal history records check, a Statewide Sex
4Offender Database check, and a Statewide Murderer and Violent
5Offender Against Youth Database check have not been completed
6and reviewed by the district.
7    A copy of the record of convictions obtained from the
8Illinois State Police must be provided to the student teacher.
9Any information concerning the record of convictions obtained
10by the president of the school board is confidential and may
11only be transmitted to the superintendent of the school
12district or his or her designee, the State Superintendent of
13Education, the State Educator Preparation and Licensure Board,
14or, for clarification purposes, the Illinois State Police or
15the Statewide Sex Offender Database or Statewide Murderer and
16Violent Offender Against Youth Database. Any unauthorized
17release of confidential information may be a violation of
18Section 7 of the Criminal Identification Act.
19    No school board shall knowingly allow a person to student
20teach who has been convicted of any offense that would subject
21him or her to license suspension or revocation pursuant to
22subsection (c) of Section 21B-80 of this Code, except as
23provided under subsection (b) of Section 21B-80. Further, no
24school board shall allow a person to student teach if he or she
25has been found to be the perpetrator of sexual or physical
26abuse of a minor under 18 years of age pursuant to proceedings

 

 

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1under Article II of the Juvenile Court Act of 1987. Each school
2board must consider the status of a person to student teach who
3has been issued an indicated finding of abuse or neglect of a
4child by the Department of Children and Family Services under
5the Abused and Neglected Child Reporting Act or by a child
6welfare agency of another jurisdiction.
7    (h) (Blank).
8(Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22;
9102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff.
105-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
 
11    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
12    Sec. 34-18.5. Criminal history records checks and checks
13of the Statewide Sex Offender Database and Statewide Murderer
14and Violent Offender Against Youth Database.
15    (a) Licensed and nonlicensed applicants for employment
16with the school district, including game officials, are
17required as a condition of employment to authorize a
18fingerprint-based criminal history records check to determine
19if such applicants have been convicted of any disqualifying,
20enumerated criminal or drug offense in subsection (c) of this
21Section or have been convicted, within 7 years of the
22application for employment with the school district, of any
23other felony under the laws of this State or of any offense
24committed or attempted in any other state or against the laws
25of the United States that, if committed or attempted in this

 

 

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1State, would have been punishable as a felony under the laws of
2this State. Authorization for the check shall be furnished by
3the applicant to the school district, except that if the
4applicant is a substitute teacher seeking employment in more
5than one school district, or a teacher seeking concurrent
6part-time employment positions with more than one school
7district (as a reading specialist, special education teacher
8or otherwise), or an educational support personnel employee
9seeking employment positions with more than one district, any
10such district may require the applicant to furnish
11authorization for the check to the regional superintendent of
12the educational service region in which are located the school
13districts in which the applicant is seeking employment as a
14substitute or concurrent part-time teacher or concurrent
15educational support personnel employee. Upon receipt of this
16authorization, the school district or the appropriate regional
17superintendent, as the case may be, shall submit the
18applicant's name, sex, race, date of birth, social security
19number, fingerprint images, and other identifiers, as
20prescribed by the Illinois State Police, to the Illinois State
21Police. The regional superintendent submitting the requisite
22information to the Illinois State Police shall promptly notify
23the school districts in which the applicant is seeking
24employment as a substitute or concurrent part-time teacher or
25concurrent educational support personnel employee that the
26check of the applicant has been requested. The Illinois State

 

 

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1Police and the Federal Bureau of Investigation shall furnish,
2pursuant to a fingerprint-based criminal history records
3check, records of convictions, forever and hereinafter, until
4expunged, to the president of the school board for the school
5district that requested the check, or to the regional
6superintendent who requested the check. The Illinois State
7Police shall charge the school district or the appropriate
8regional superintendent a fee for conducting such check, which
9fee shall be deposited in the State Police Services Fund and
10shall not exceed the cost of the inquiry; and the applicant
11shall not be charged a fee for such check by the school
12district or by the regional superintendent. Subject to
13appropriations for these purposes, the State Superintendent of
14Education shall reimburse the school district and regional
15superintendent for fees paid to obtain criminal history
16records checks under this Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender
19Database, as authorized by the Sex Offender Community
20Notification Law, for each applicant. The check of the
21Statewide Sex Offender Database must be conducted by the
22school district or regional superintendent once for every 5
23years that an applicant remains employed by the school
24district.
25    (a-6) The school district or regional superintendent shall
26further perform a check of the Statewide Murderer and Violent

 

 

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1Offender Against Youth Database, as authorized by the Murderer
2and Violent Offender Against Youth Community Notification Law,
3for each applicant. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the
5school district or regional superintendent once for every 5
6years that an applicant remains employed by the school
7district.
8    (b) Any information concerning the record of convictions
9obtained by the president of the board of education or the
10regional superintendent shall be confidential and may only be
11transmitted to the general superintendent of the school
12district or his designee, the appropriate regional
13superintendent if the check was requested by the board of
14education for the school district, the presidents of the
15appropriate board of education or school boards if the check
16was requested from the Illinois State Police by the regional
17superintendent, the State Board of Education and the school
18district as authorized under subsection (b-5), the State
19Superintendent of Education, the State Educator Preparation
20and Licensure Board or any other person necessary to the
21decision of hiring the applicant for employment. A copy of the
22record of convictions obtained from the Illinois State Police
23shall be provided to the applicant for employment. Upon the
24check of the Statewide Sex Offender Database or Statewide
25Murderer and Violent Offender Against Youth Database, the
26school district or regional superintendent shall notify an

 

 

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1applicant as to whether or not the applicant has been
2identified in the Database. If a check of an applicant for
3employment as a substitute or concurrent part-time teacher or
4concurrent educational support personnel employee in more than
5one school district was requested by the regional
6superintendent, and the Illinois State Police upon a check
7ascertains that the applicant has not been convicted of any of
8the enumerated criminal or drug offenses in subsection (c) of
9this Section or has not been convicted, within 7 years of the
10application for employment with the school district, of any
11other felony under the laws of this State or of any offense
12committed or attempted in any other state or against the laws
13of the United States that, if committed or attempted in this
14State, would have been punishable as a felony under the laws of
15this State and so notifies the regional superintendent and if
16the regional superintendent upon a check ascertains that the
17applicant has not been identified in the Sex Offender Database
18or Statewide Murderer and Violent Offender Against Youth
19Database, then the regional superintendent shall issue to the
20applicant a certificate evidencing that as of the date
21specified by the Illinois State Police the applicant has not
22been convicted of any of the enumerated criminal or drug
23offenses in subsection (c) of this Section or has not been
24convicted, within 7 years of the application for employment
25with the school district, of any other felony under the laws of
26this State or of any offense committed or attempted in any

 

 

HB2521- 18 -LRB104 09890 LNS 19960 b

1other state or against the laws of the United States that, if
2committed or attempted in this State, would have been
3punishable as a felony under the laws of this State and
4evidencing that as of the date that the regional
5superintendent conducted a check of the Statewide Sex Offender
6Database or Statewide Murderer and Violent Offender Against
7Youth Database, the applicant has not been identified in the
8Database. The school board of any school district may rely on
9the certificate issued by any regional superintendent to that
10substitute teacher, concurrent part-time teacher, or
11concurrent educational support personnel employee or may
12initiate its own criminal history records check of the
13applicant through the Illinois State Police and its own check
14of the Statewide Sex Offender Database or Statewide Murderer
15and Violent Offender Against Youth Database as provided in
16this Section. Any unauthorized release of confidential
17information may be a violation of Section 7 of the Criminal
18Identification Act.
19    (b-5) If a criminal history records check or check of the
20Statewide Sex Offender Database or Statewide Murderer and
21Violent Offender Against Youth Database is performed by a
22regional superintendent for an applicant seeking employment as
23a substitute teacher with the school district, the regional
24superintendent may disclose to the State Board of Education
25whether the applicant has been issued a certificate under
26subsection (b) based on those checks. If the State Board

 

 

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1receives information on an applicant under this subsection,
2then it must indicate in the Educator Licensure Information
3System for a 90-day period that the applicant has been issued
4or has not been issued a certificate.
5    (c) The board of education shall not knowingly employ a
6person who has been convicted of any offense that would
7subject him or her to license suspension or revocation
8pursuant to Section 21B-80 of this Code, except as provided
9under subsection (b) of 21B-80. Further, the board of
10education shall not knowingly employ a person who has been
11found to be the perpetrator of sexual or physical abuse of any
12minor under 18 years of age pursuant to proceedings under
13Article II of the Juvenile Court Act of 1987. As a condition of
14employment, the board of education must consider the status of
15a person who has been issued an indicated finding of abuse or
16neglect of a child by the Department of Children and Family
17Services under the Abused and Neglected Child Reporting Act or
18by a child welfare agency of another jurisdiction.
19    (d) The board of education shall not knowingly employ a
20person for whom a criminal history records check and a
21Statewide Sex Offender Database check have not been initiated.
22    (e) Within 10 days after the general superintendent of
23schools, a regional office of education, or an entity that
24provides background checks of license holders to public
25schools receives information of a pending criminal charge
26against a license holder for an offense set forth in Section

 

 

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121B-80 of this Code, the superintendent, regional office of
2education, or entity must notify the State Superintendent of
3Education of the pending criminal charge.
4    No later than 15 business days after receipt of a record of
5conviction or of checking the Statewide Murderer and Violent
6Offender Against Youth Database or the Statewide Sex Offender
7Database and finding a registration, the general
8superintendent of schools or the applicable regional
9superintendent shall, in writing, notify the State
10Superintendent of Education of any license holder who has been
11convicted of a crime set forth in Section 21B-80 of this Code.
12Upon receipt of the record of a conviction of or a finding of
13child abuse by a holder of any license issued pursuant to
14Article 21B or Section 34-8.1 of this Code, the State
15Superintendent of Education may initiate licensure suspension
16and revocation proceedings as authorized by law. If the
17receipt of the record of conviction or finding of child abuse
18is received within 6 months after the initial grant of or
19renewal of a license, the State Superintendent of Education
20may rescind the license holder's license.
21    (e-5) The general superintendent of schools shall, in
22writing, notify the State Superintendent of Education of any
23license holder whom he or she has reasonable cause to believe
24has committed (i) an intentional act of abuse or neglect with
25the result of making a child an abused child or a neglected
26child, as defined in Section 3 of the Abused and Neglected

 

 

HB2521- 21 -LRB104 09890 LNS 19960 b

1Child Reporting Act or (ii) an act of sexual misconduct, as
2defined in Section 22-85.5 of this Code, and that act resulted
3in the license holder's dismissal or resignation from the
4school district and must include the Illinois Educator
5Identification Number (IEIN) of the license holder and a brief
6description of the misconduct alleged. This notification must
7be submitted within 30 days after the dismissal or
8resignation. The license holder must also be contemporaneously
9sent a copy of the notice by the superintendent. All
10correspondence, documentation, and other information so
11received by the State Superintendent of Education, the State
12Board of Education, or the State Educator Preparation and
13Licensure Board under this subsection (e-5) is confidential
14and must not be disclosed to third parties, except (i) as
15necessary for the State Superintendent of Education or his or
16her designee to investigate and prosecute pursuant to Article
1721B of this Code, (ii) pursuant to a court order, (iii) for
18disclosure to the license holder or his or her representative,
19or (iv) as otherwise provided in this Article and provided
20that any such information admitted into evidence in a hearing
21is exempt from this confidentiality and non-disclosure
22requirement. Except for an act of willful or wanton
23misconduct, any superintendent who provides notification as
24required in this subsection (e-5) shall have immunity from any
25liability, whether civil or criminal or that otherwise might
26result by reason of such action.

 

 

HB2521- 22 -LRB104 09890 LNS 19960 b

1    (f) After March 19, 1990, the provisions of this Section
2shall apply to all employees of persons or firms holding
3contracts with any school district including, but not limited
4to, food service workers, school bus drivers and other
5transportation employees, who have direct, daily contact with
6the pupils of any school in such district. For purposes of
7criminal history records checks and checks of the Statewide
8Sex Offender Database on employees of persons or firms holding
9contracts with more than one school district and assigned to
10more than one school district, the regional superintendent of
11the educational service region in which the contracting school
12districts are located may, at the request of any such school
13district, be responsible for receiving the authorization for a
14criminal history records check prepared by each such employee
15and submitting the same to the Illinois State Police and for
16conducting a check of the Statewide Sex Offender Database for
17each employee. Any information concerning the record of
18conviction and identification as a sex offender of any such
19employee obtained by the regional superintendent shall be
20promptly reported to the president of the appropriate school
21board or school boards.
22    (f-5) Upon request of a school or school district, any
23information obtained by the school district pursuant to
24subsection (f) of this Section within the last year must be
25made available to the requesting school or school district.
26    (g) Prior to the commencement of any student teaching

 

 

HB2521- 23 -LRB104 09890 LNS 19960 b

1experience or required internship (which is referred to as
2student teaching in this Section) in the public schools, a
3student teacher is required to authorize a fingerprint-based
4criminal history records check. Authorization for and payment
5of the costs of the check must be furnished by the student
6teacher to the school district. Upon receipt of this
7authorization and payment, the school district shall submit
8the student teacher's name, sex, race, date of birth, social
9security number, fingerprint images, and other identifiers, as
10prescribed by the Illinois State Police, to the Illinois State
11Police. The Illinois State Police and the Federal Bureau of
12Investigation shall furnish, pursuant to a fingerprint-based
13criminal history records check, records of convictions,
14forever and hereinafter, until expunged, to the president of
15the board. The Illinois State Police shall charge the school
16district a fee for conducting the check, which fee must not
17exceed the cost of the inquiry and must be deposited into the
18State Police Services Fund. The school district shall further
19perform a check of the Statewide Sex Offender Database, as
20authorized by the Sex Offender Community Notification Law, and
21of the Statewide Murderer and Violent Offender Against Youth
22Database, as authorized by the Murderer and Violent Offender
23Against Youth Registration Act, for each student teacher. The
24board may not knowingly allow a person to student teach for
25whom a criminal history records check, a Statewide Sex
26Offender Database check, and a Statewide Murderer and Violent

 

 

HB2521- 24 -LRB104 09890 LNS 19960 b

1Offender Against Youth Database check have not been completed
2and reviewed by the district.
3    A copy of the record of convictions obtained from the
4Illinois State Police must be provided to the student teacher.
5Any information concerning the record of convictions obtained
6by the president of the board is confidential and may only be
7transmitted to the general superintendent of schools or his or
8her designee, the State Superintendent of Education, the State
9Educator Preparation and Licensure Board, or, for
10clarification purposes, the Illinois State Police or the
11Statewide Sex Offender Database or Statewide Murderer and
12Violent Offender Against Youth Database. Any unauthorized
13release of confidential information may be a violation of
14Section 7 of the Criminal Identification Act.
15    The board may not knowingly allow a person to student
16teach who has been convicted of any offense that would subject
17him or her to license suspension or revocation pursuant to
18subsection (c) of Section 21B-80 of this Code, except as
19provided under subsection (b) of Section 21B-80. Further, the
20board may not allow a person to student teach if he or she has
21been found to be the perpetrator of sexual or physical abuse of
22a minor under 18 years of age pursuant to proceedings under
23Article II of the Juvenile Court Act of 1987. The board must
24consider the status of a person to student teach who has been
25issued an indicated finding of abuse or neglect of a child by
26the Department of Children and Family Services under the

 

 

HB2521- 25 -LRB104 09890 LNS 19960 b

1Abused and Neglected Child Reporting Act or by a child welfare
2agency of another jurisdiction.
3    (h) (Blank).
4(Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22;
5102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff.
65-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)