|
| | 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. |
| |
| | A BILL FOR |
|
|
| | HB2521 | | LRB104 09890 LNS 19960 b |
|
|
| 1 | | AN ACT concerning education. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The School Code is amended by changing Sections |
| 5 | | 10-21.9 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 |
| 8 | | of the Statewide Sex Offender Database and Statewide Murderer |
| 9 | | and Violent Offender Against Youth Database. |
| 10 | | (a) Licensed and nonlicensed applicants for employment |
| 11 | | with a school district, including game officials but excluding |
| 12 | | except school bus driver applicants, are required as a |
| 13 | | condition of employment to authorize a fingerprint-based |
| 14 | | criminal history records check to determine if such applicants |
| 15 | | have been convicted of any disqualifying, enumerated criminal |
| 16 | | or drug offenses in subsection (c) of this Section or have been |
| 17 | | convicted, within 7 years of the application for employment |
| 18 | | with the school district, of any other felony under the laws of |
| 19 | | this State or of any offense committed or attempted in any |
| 20 | | other state or against the laws of the United States that, if |
| 21 | | committed or attempted in this State, would have been |
| 22 | | punishable as a felony under the laws of this State. |
| 23 | | Authorization for the check shall be furnished by the |
|
| | HB2521 | - 2 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | applicant to the school district, except that if the applicant |
| 2 | | is a substitute teacher seeking employment in more than one |
| 3 | | school district, a teacher seeking concurrent part-time |
| 4 | | employment positions with more than one school district (as a |
| 5 | | reading specialist, special education teacher or otherwise), |
| 6 | | or an educational support personnel employee seeking |
| 7 | | employment positions with more than one district, any such |
| 8 | | district may require the applicant to furnish authorization |
| 9 | | for the check to the regional superintendent of the |
| 10 | | educational service region in which are located the school |
| 11 | | districts in which the applicant is seeking employment as a |
| 12 | | substitute or concurrent part-time teacher or concurrent |
| 13 | | educational support personnel employee. Upon receipt of this |
| 14 | | authorization, the school district or the appropriate regional |
| 15 | | superintendent, as the case may be, shall submit the |
| 16 | | applicant's name, sex, race, date of birth, social security |
| 17 | | number, fingerprint images, and other identifiers, as |
| 18 | | prescribed by the Illinois State Police, to the Illinois State |
| 19 | | Police. The regional superintendent submitting the requisite |
| 20 | | information to the Illinois State Police shall promptly notify |
| 21 | | the school districts in which the applicant is seeking |
| 22 | | employment as a substitute or concurrent part-time teacher or |
| 23 | | concurrent educational support personnel employee that the |
| 24 | | check of the applicant has been requested. The Illinois State |
| 25 | | Police and the Federal Bureau of Investigation shall furnish, |
| 26 | | pursuant to a fingerprint-based criminal history records |
|
| | HB2521 | - 3 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | check, records of convictions, forever and hereinafter, until |
| 2 | | expunged, to the president of the school board for the school |
| 3 | | district that requested the check, or to the regional |
| 4 | | superintendent who requested the check. The Illinois State |
| 5 | | Police shall charge the school district or the appropriate |
| 6 | | regional superintendent a fee for conducting such check, which |
| 7 | | fee shall be deposited in the State Police Services Fund and |
| 8 | | shall not exceed the cost of the inquiry; and the applicant |
| 9 | | shall not be charged a fee for such check by the school |
| 10 | | district or by the regional superintendent, except that those |
| 11 | | applicants seeking employment as a substitute teacher with a |
| 12 | | school district may be charged a fee not to exceed the cost of |
| 13 | | the inquiry. Subject to appropriations for these purposes, the |
| 14 | | State Superintendent of Education shall reimburse school |
| 15 | | districts and regional superintendents for fees paid to obtain |
| 16 | | criminal history records checks under this Section. |
| 17 | | (a-5) The school district or regional superintendent shall |
| 18 | | further perform a check of the Statewide Sex Offender |
| 19 | | Database, as authorized by the Sex Offender Community |
| 20 | | Notification Law, for each applicant. The check of the |
| 21 | | Statewide Sex Offender Database must be conducted by the |
| 22 | | school district or regional superintendent once for every 5 |
| 23 | | years that an applicant remains employed by the school |
| 24 | | district. |
| 25 | | (a-6) The school district or regional superintendent shall |
| 26 | | further perform a check of the Statewide Murderer and Violent |
|
| | HB2521 | - 4 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Offender Against Youth Database, as authorized by the Murderer |
| 2 | | and Violent Offender Against Youth Community Notification Law, |
| 3 | | for each applicant. The check of the Murderer and Violent |
| 4 | | Offender Against Youth Database must be conducted by the |
| 5 | | school district or regional superintendent once for every 5 |
| 6 | | years that an applicant remains employed by the school |
| 7 | | district. |
| 8 | | (b) Any information concerning the record of convictions |
| 9 | | obtained by the president of the school board or the regional |
| 10 | | superintendent shall be confidential and may only be |
| 11 | | transmitted to the superintendent of the school district or |
| 12 | | his designee, the appropriate regional superintendent if the |
| 13 | | check was requested by the school district, the presidents of |
| 14 | | the appropriate school boards if the check was requested from |
| 15 | | the Illinois State Police by the regional superintendent, the |
| 16 | | State Board of Education and a school district as authorized |
| 17 | | under subsection (b-5), the State Superintendent of Education, |
| 18 | | the State Educator Preparation and Licensure Board, any other |
| 19 | | person necessary to the decision of hiring the applicant for |
| 20 | | employment, or for clarification purposes the Illinois State |
| 21 | | Police or Statewide Sex Offender Database, or both. A copy of |
| 22 | | the record of convictions obtained from the Illinois State |
| 23 | | Police shall be provided to the applicant for employment. Upon |
| 24 | | the check of the Statewide Sex Offender Database or Statewide |
| 25 | | Murderer and Violent Offender Against Youth Database, the |
| 26 | | school district or regional superintendent shall notify an |
|
| | HB2521 | - 5 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | applicant as to whether or not the applicant has been |
| 2 | | identified in the Database. If a check of an applicant for |
| 3 | | employment as a substitute or concurrent part-time teacher or |
| 4 | | concurrent educational support personnel employee in more than |
| 5 | | one school district was requested by the regional |
| 6 | | superintendent, and the Illinois State Police upon a check |
| 7 | | ascertains that the applicant has not been convicted of any of |
| 8 | | the enumerated criminal or drug offenses in subsection (c) of |
| 9 | | this Section or has not been convicted, within 7 years of the |
| 10 | | application for employment with the school district, of any |
| 11 | | other felony under the laws of this State or of any offense |
| 12 | | committed or attempted in any other state or against the laws |
| 13 | | of the United States that, if committed or attempted in this |
| 14 | | State, would have been punishable as a felony under the laws of |
| 15 | | this State and so notifies the regional superintendent and if |
| 16 | | the regional superintendent upon a check ascertains that the |
| 17 | | applicant has not been identified in the Sex Offender Database |
| 18 | | or Statewide Murderer and Violent Offender Against Youth |
| 19 | | Database, then the regional superintendent shall issue to the |
| 20 | | applicant a certificate evidencing that as of the date |
| 21 | | specified by the Illinois State Police the applicant has not |
| 22 | | been convicted of any of the enumerated criminal or drug |
| 23 | | offenses in subsection (c) of this Section or has not been |
| 24 | | convicted, within 7 years of the application for employment |
| 25 | | with the school district, of any other felony under the laws of |
| 26 | | this State or of any offense committed or attempted in any |
|
| | HB2521 | - 6 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | other state or against the laws of the United States that, if |
| 2 | | committed or attempted in this State, would have been |
| 3 | | punishable as a felony under the laws of this State and |
| 4 | | evidencing that as of the date that the regional |
| 5 | | superintendent conducted a check of the Statewide Sex Offender |
| 6 | | Database or Statewide Murderer and Violent Offender Against |
| 7 | | Youth Database, the applicant has not been identified in the |
| 8 | | Database. The school board of any school district may rely on |
| 9 | | the certificate issued by any regional superintendent to that |
| 10 | | substitute teacher, concurrent part-time teacher, or |
| 11 | | concurrent educational support personnel employee or may |
| 12 | | initiate its own criminal history records check of the |
| 13 | | applicant through the Illinois State Police and its own check |
| 14 | | of the Statewide Sex Offender Database or Statewide Murderer |
| 15 | | and Violent Offender Against Youth Database as provided in |
| 16 | | this Section. Any unauthorized release of confidential |
| 17 | | information may be a violation of Section 7 of the Criminal |
| 18 | | Identification Act. |
| 19 | | (b-5) If a criminal history records check or check of the |
| 20 | | Statewide Sex Offender Database or Statewide Murderer and |
| 21 | | Violent Offender Against Youth Database is performed by a |
| 22 | | regional superintendent for an applicant seeking employment as |
| 23 | | a substitute teacher with a school district, the regional |
| 24 | | superintendent may disclose to the State Board of Education |
| 25 | | whether the applicant has been issued a certificate under |
| 26 | | subsection (b) based on those checks. If the State Board |
|
| | HB2521 | - 7 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | receives information on an applicant under this subsection, |
| 2 | | then it must indicate in the Educator Licensure Information |
| 3 | | System for a 90-day period that the applicant has been issued |
| 4 | | or has not been issued a certificate. |
| 5 | | (c) No school board shall knowingly employ a person who |
| 6 | | has been convicted of any offense that would subject him or her |
| 7 | | to license suspension or revocation pursuant to Section 21B-80 |
| 8 | | of this Code, except as provided under subsection (b) of |
| 9 | | Section 21B-80. Further, no school board shall knowingly |
| 10 | | employ a person who has been found to be the perpetrator of |
| 11 | | sexual or physical abuse of any minor under 18 years of age |
| 12 | | pursuant to proceedings under Article II of the Juvenile Court |
| 13 | | Act of 1987. As a condition of employment, each school board |
| 14 | | must consider the status of a person who has been issued an |
| 15 | | indicated finding of abuse or neglect of a child by the |
| 16 | | Department of Children and Family Services under the Abused |
| 17 | | and Neglected Child Reporting Act or by a child welfare agency |
| 18 | | of another jurisdiction. |
| 19 | | (d) No school board shall knowingly employ a person for |
| 20 | | whom a criminal history records check and a Statewide Sex |
| 21 | | Offender Database check have not been initiated. |
| 22 | | (e) Within 10 days after a superintendent, regional office |
| 23 | | of education, or entity that provides background checks of |
| 24 | | license holders to public schools receives information of a |
| 25 | | pending criminal charge against a license holder for an |
| 26 | | offense set forth in Section 21B-80 of this Code, the |
|
| | HB2521 | - 8 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | superintendent, regional office of education, or entity must |
| 2 | | notify the State Superintendent of Education of the pending |
| 3 | | criminal charge. |
| 4 | | If permissible by federal or State law, no later than 15 |
| 5 | | business days after receipt of a record of conviction or of |
| 6 | | checking the Statewide Murderer and Violent Offender Against |
| 7 | | Youth Database or the Statewide Sex Offender Database and |
| 8 | | finding a registration, the superintendent of the employing |
| 9 | | school board or the applicable regional superintendent shall, |
| 10 | | in writing, notify the State Superintendent of Education of |
| 11 | | any license holder who has been convicted of a crime set forth |
| 12 | | in Section 21B-80 of this Code. Upon receipt of the record of a |
| 13 | | conviction of or a finding of child abuse by a holder of any |
| 14 | | license issued pursuant to Article 21B or Section 34-8.1 of |
| 15 | | this Code, the State Superintendent of Education may initiate |
| 16 | | licensure suspension and revocation proceedings as authorized |
| 17 | | by law. If the receipt of the record of conviction or finding |
| 18 | | of child abuse is received within 6 months after the initial |
| 19 | | grant of or renewal of a license, the State Superintendent of |
| 20 | | Education may rescind the license holder's license. |
| 21 | | (e-5) The superintendent of the employing school board |
| 22 | | shall, in writing, notify the State Superintendent of |
| 23 | | Education and the applicable regional superintendent of |
| 24 | | schools of any license holder whom he or she has reasonable |
| 25 | | cause to believe has committed (i) an intentional act of abuse |
| 26 | | or neglect with the result of making a child an abused child or |
|
| | HB2521 | - 9 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | a neglected child, as defined in Section 3 of the Abused and |
| 2 | | Neglected Child Reporting Act, or (ii) an act of sexual |
| 3 | | misconduct, as defined in Section 22-85.5 of this Code, and |
| 4 | | that act resulted in the license holder's dismissal or |
| 5 | | resignation from the school district. This notification must |
| 6 | | be submitted within 30 days after the dismissal or resignation |
| 7 | | and must include the Illinois Educator Identification Number |
| 8 | | (IEIN) of the license holder and a brief description of the |
| 9 | | misconduct alleged. The license holder must also be |
| 10 | | contemporaneously sent a copy of the notice by the |
| 11 | | superintendent. All correspondence, documentation, and other |
| 12 | | information so received by the regional superintendent of |
| 13 | | schools, the State Superintendent of Education, the State |
| 14 | | Board of Education, or the State Educator Preparation and |
| 15 | | Licensure Board under this subsection (e-5) is confidential |
| 16 | | and must not be disclosed to third parties, except (i) as |
| 17 | | necessary for the State Superintendent of Education or his or |
| 18 | | her designee to investigate and prosecute pursuant to Article |
| 19 | | 21B of this Code, (ii) pursuant to a court order, (iii) for |
| 20 | | disclosure to the license holder or his or her representative, |
| 21 | | or (iv) as otherwise provided in this Article and provided |
| 22 | | that any such information admitted into evidence in a hearing |
| 23 | | is exempt from this confidentiality and non-disclosure |
| 24 | | requirement. Except for an act of willful or wanton |
| 25 | | misconduct, any superintendent who provides notification as |
| 26 | | required in this subsection (e-5) shall have immunity from any |
|
| | HB2521 | - 10 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | liability, whether civil or criminal or that otherwise might |
| 2 | | result by reason of such action. |
| 3 | | (f) After January 1, 1990 the provisions of this Section |
| 4 | | shall apply to all employees of persons or firms holding |
| 5 | | contracts with any school district including, but not limited |
| 6 | | to, food service workers, school bus drivers and other |
| 7 | | transportation employees, who have direct, daily contact with |
| 8 | | the pupils of any school in such district. For purposes of |
| 9 | | criminal history records checks and checks of the Statewide |
| 10 | | Sex Offender Database on employees of persons or firms holding |
| 11 | | contracts with more than one school district and assigned to |
| 12 | | more than one school district, the regional superintendent of |
| 13 | | the educational service region in which the contracting school |
| 14 | | districts are located may, at the request of any such school |
| 15 | | district, be responsible for receiving the authorization for a |
| 16 | | criminal history records check prepared by each such employee |
| 17 | | and submitting the same to the Illinois State Police and for |
| 18 | | conducting a check of the Statewide Sex Offender Database for |
| 19 | | each employee. Any information concerning the record of |
| 20 | | conviction and identification as a sex offender of any such |
| 21 | | employee obtained by the regional superintendent shall be |
| 22 | | promptly reported to the president of the appropriate school |
| 23 | | board or school boards. |
| 24 | | (f-5) Upon request of a school or school district, any |
| 25 | | information obtained by a school district pursuant to |
| 26 | | subsection (f) of this Section within the last year must be |
|
| | HB2521 | - 11 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | made available to the requesting school or school district. |
| 2 | | (g) Prior to the commencement of any student teaching |
| 3 | | experience or required internship (which is referred to as |
| 4 | | student teaching in this Section) in the public schools, a |
| 5 | | student teacher is required to authorize a fingerprint-based |
| 6 | | criminal history records check. Authorization for and payment |
| 7 | | of the costs of the check must be furnished by the student |
| 8 | | teacher to the school district where the student teaching is |
| 9 | | to be completed. Upon receipt of this authorization and |
| 10 | | payment, the school district shall submit the student |
| 11 | | teacher's name, sex, race, date of birth, social security |
| 12 | | number, fingerprint images, and other identifiers, as |
| 13 | | prescribed by the Illinois State Police, to the Illinois State |
| 14 | | Police. The Illinois State Police and the Federal Bureau of |
| 15 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 16 | | criminal history records check, records of convictions, |
| 17 | | forever and hereinafter, until expunged, to the president of |
| 18 | | the school board for the school district that requested the |
| 19 | | check. The Illinois State Police shall charge the school |
| 20 | | district a fee for conducting the check, which fee must not |
| 21 | | exceed the cost of the inquiry and must be deposited into the |
| 22 | | State Police Services Fund. The school district shall further |
| 23 | | perform a check of the Statewide Sex Offender Database, as |
| 24 | | authorized by the Sex Offender Community Notification Law, and |
| 25 | | of the Statewide Murderer and Violent Offender Against Youth |
| 26 | | Database, as authorized by the Murderer and Violent Offender |
|
| | HB2521 | - 12 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Against Youth Registration Act, for each student teacher. No |
| 2 | | school board may knowingly allow a person to student teach for |
| 3 | | whom a criminal history records check, a Statewide Sex |
| 4 | | Offender Database check, and a Statewide Murderer and Violent |
| 5 | | Offender Against Youth Database check have not been completed |
| 6 | | and reviewed by the district. |
| 7 | | A copy of the record of convictions obtained from the |
| 8 | | Illinois State Police must be provided to the student teacher. |
| 9 | | Any information concerning the record of convictions obtained |
| 10 | | by the president of the school board is confidential and may |
| 11 | | only be transmitted to the superintendent of the school |
| 12 | | district or his or her designee, the State Superintendent of |
| 13 | | Education, the State Educator Preparation and Licensure Board, |
| 14 | | or, for clarification purposes, the Illinois State Police or |
| 15 | | the Statewide Sex Offender Database or Statewide Murderer and |
| 16 | | Violent Offender Against Youth Database. Any unauthorized |
| 17 | | release of confidential information may be a violation of |
| 18 | | Section 7 of the Criminal Identification Act. |
| 19 | | No school board shall knowingly allow a person to student |
| 20 | | teach who has been convicted of any offense that would subject |
| 21 | | him or her to license suspension or revocation pursuant to |
| 22 | | subsection (c) of Section 21B-80 of this Code, except as |
| 23 | | provided under subsection (b) of Section 21B-80. Further, no |
| 24 | | school board shall allow a person to student teach if he or she |
| 25 | | has been found to be the perpetrator of sexual or physical |
| 26 | | abuse of a minor under 18 years of age pursuant to proceedings |
|
| | HB2521 | - 13 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | under Article II of the Juvenile Court Act of 1987. Each school |
| 2 | | board must consider the status of a person to student teach who |
| 3 | | has been issued an indicated finding of abuse or neglect of a |
| 4 | | child by the Department of Children and Family Services under |
| 5 | | the Abused and Neglected Child Reporting Act or by a child |
| 6 | | welfare agency of another jurisdiction. |
| 7 | | (h) (Blank). |
| 8 | | (Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22; |
| 9 | | 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff. |
| 10 | | 5-20-22; 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 |
| 13 | | of the Statewide Sex Offender Database and Statewide Murderer |
| 14 | | and Violent Offender Against Youth Database. |
| 15 | | (a) Licensed and nonlicensed applicants for employment |
| 16 | | with the school district, including game officials, are |
| 17 | | required as a condition of employment to authorize a |
| 18 | | fingerprint-based criminal history records check to determine |
| 19 | | if such applicants have been convicted of any disqualifying, |
| 20 | | enumerated criminal or drug offense in subsection (c) of this |
| 21 | | Section or have been convicted, within 7 years of the |
| 22 | | application for employment with the school district, of any |
| 23 | | other felony under the laws of this State or of any offense |
| 24 | | committed or attempted in any other state or against the laws |
| 25 | | of the United States that, if committed or attempted in this |
|
| | HB2521 | - 14 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | State, would have been punishable as a felony under the laws of |
| 2 | | this State. Authorization for the check shall be furnished by |
| 3 | | the applicant to the school district, except that if the |
| 4 | | applicant is a substitute teacher seeking employment in more |
| 5 | | than one school district, or a teacher seeking concurrent |
| 6 | | part-time employment positions with more than one school |
| 7 | | district (as a reading specialist, special education teacher |
| 8 | | or otherwise), or an educational support personnel employee |
| 9 | | seeking employment positions with more than one district, any |
| 10 | | such district may require the applicant to furnish |
| 11 | | authorization for the check to the regional superintendent of |
| 12 | | the educational service region in which are located the school |
| 13 | | districts in which the applicant is seeking employment as a |
| 14 | | substitute or concurrent part-time teacher or concurrent |
| 15 | | educational support personnel employee. Upon receipt of this |
| 16 | | authorization, the school district or the appropriate regional |
| 17 | | superintendent, as the case may be, shall submit the |
| 18 | | applicant's name, sex, race, date of birth, social security |
| 19 | | number, fingerprint images, and other identifiers, as |
| 20 | | prescribed by the Illinois State Police, to the Illinois State |
| 21 | | Police. The regional superintendent submitting the requisite |
| 22 | | information to the Illinois State Police shall promptly notify |
| 23 | | the school districts in which the applicant is seeking |
| 24 | | employment as a substitute or concurrent part-time teacher or |
| 25 | | concurrent educational support personnel employee that the |
| 26 | | check of the applicant has been requested. The Illinois State |
|
| | HB2521 | - 15 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Police and the Federal Bureau of Investigation shall furnish, |
| 2 | | pursuant to a fingerprint-based criminal history records |
| 3 | | check, records of convictions, forever and hereinafter, until |
| 4 | | expunged, to the president of the school board for the school |
| 5 | | district that requested the check, or to the regional |
| 6 | | superintendent who requested the check. The Illinois State |
| 7 | | Police shall charge the school district or the appropriate |
| 8 | | regional superintendent a fee for conducting such check, which |
| 9 | | fee shall be deposited in the State Police Services Fund and |
| 10 | | shall not exceed the cost of the inquiry; and the applicant |
| 11 | | shall not be charged a fee for such check by the school |
| 12 | | district or by the regional superintendent. Subject to |
| 13 | | appropriations for these purposes, the State Superintendent of |
| 14 | | Education shall reimburse the school district and regional |
| 15 | | superintendent for fees paid to obtain criminal history |
| 16 | | records checks under this Section. |
| 17 | | (a-5) The school district or regional superintendent shall |
| 18 | | further perform a check of the Statewide Sex Offender |
| 19 | | Database, as authorized by the Sex Offender Community |
| 20 | | Notification Law, for each applicant. The check of the |
| 21 | | Statewide Sex Offender Database must be conducted by the |
| 22 | | school district or regional superintendent once for every 5 |
| 23 | | years that an applicant remains employed by the school |
| 24 | | district. |
| 25 | | (a-6) The school district or regional superintendent shall |
| 26 | | further perform a check of the Statewide Murderer and Violent |
|
| | HB2521 | - 16 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Offender Against Youth Database, as authorized by the Murderer |
| 2 | | and Violent Offender Against Youth Community Notification Law, |
| 3 | | for each applicant. The check of the Murderer and Violent |
| 4 | | Offender Against Youth Database must be conducted by the |
| 5 | | school district or regional superintendent once for every 5 |
| 6 | | years that an applicant remains employed by the school |
| 7 | | district. |
| 8 | | (b) Any information concerning the record of convictions |
| 9 | | obtained by the president of the board of education or the |
| 10 | | regional superintendent shall be confidential and may only be |
| 11 | | transmitted to the general superintendent of the school |
| 12 | | district or his designee, the appropriate regional |
| 13 | | superintendent if the check was requested by the board of |
| 14 | | education for the school district, the presidents of the |
| 15 | | appropriate board of education or school boards if the check |
| 16 | | was requested from the Illinois State Police by the regional |
| 17 | | superintendent, the State Board of Education and the school |
| 18 | | district as authorized under subsection (b-5), the State |
| 19 | | Superintendent of Education, the State Educator Preparation |
| 20 | | and Licensure Board or any other person necessary to the |
| 21 | | decision of hiring the applicant for employment. A copy of the |
| 22 | | record of convictions obtained from the Illinois State Police |
| 23 | | shall be provided to the applicant for employment. Upon the |
| 24 | | check of the Statewide Sex Offender Database or Statewide |
| 25 | | Murderer and Violent Offender Against Youth Database, the |
| 26 | | school district or regional superintendent shall notify an |
|
| | HB2521 | - 17 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | applicant as to whether or not the applicant has been |
| 2 | | identified in the Database. If a check of an applicant for |
| 3 | | employment as a substitute or concurrent part-time teacher or |
| 4 | | concurrent educational support personnel employee in more than |
| 5 | | one school district was requested by the regional |
| 6 | | superintendent, and the Illinois State Police upon a check |
| 7 | | ascertains that the applicant has not been convicted of any of |
| 8 | | the enumerated criminal or drug offenses in subsection (c) of |
| 9 | | this Section or has not been convicted, within 7 years of the |
| 10 | | application for employment with the school district, of any |
| 11 | | other felony under the laws of this State or of any offense |
| 12 | | committed or attempted in any other state or against the laws |
| 13 | | of the United States that, if committed or attempted in this |
| 14 | | State, would have been punishable as a felony under the laws of |
| 15 | | this State and so notifies the regional superintendent and if |
| 16 | | the regional superintendent upon a check ascertains that the |
| 17 | | applicant has not been identified in the Sex Offender Database |
| 18 | | or Statewide Murderer and Violent Offender Against Youth |
| 19 | | Database, then the regional superintendent shall issue to the |
| 20 | | applicant a certificate evidencing that as of the date |
| 21 | | specified by the Illinois State Police the applicant has not |
| 22 | | been convicted of any of the enumerated criminal or drug |
| 23 | | offenses in subsection (c) of this Section or has not been |
| 24 | | convicted, within 7 years of the application for employment |
| 25 | | with the school district, of any other felony under the laws of |
| 26 | | this State or of any offense committed or attempted in any |
|
| | HB2521 | - 18 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | other state or against the laws of the United States that, if |
| 2 | | committed or attempted in this State, would have been |
| 3 | | punishable as a felony under the laws of this State and |
| 4 | | evidencing that as of the date that the regional |
| 5 | | superintendent conducted a check of the Statewide Sex Offender |
| 6 | | Database or Statewide Murderer and Violent Offender Against |
| 7 | | Youth Database, the applicant has not been identified in the |
| 8 | | Database. The school board of any school district may rely on |
| 9 | | the certificate issued by any regional superintendent to that |
| 10 | | substitute teacher, concurrent part-time teacher, or |
| 11 | | concurrent educational support personnel employee or may |
| 12 | | initiate its own criminal history records check of the |
| 13 | | applicant through the Illinois State Police and its own check |
| 14 | | of the Statewide Sex Offender Database or Statewide Murderer |
| 15 | | and Violent Offender Against Youth Database as provided in |
| 16 | | this Section. Any unauthorized release of confidential |
| 17 | | information may be a violation of Section 7 of the Criminal |
| 18 | | Identification Act. |
| 19 | | (b-5) If a criminal history records check or check of the |
| 20 | | Statewide Sex Offender Database or Statewide Murderer and |
| 21 | | Violent Offender Against Youth Database is performed by a |
| 22 | | regional superintendent for an applicant seeking employment as |
| 23 | | a substitute teacher with the school district, the regional |
| 24 | | superintendent may disclose to the State Board of Education |
| 25 | | whether the applicant has been issued a certificate under |
| 26 | | subsection (b) based on those checks. If the State Board |
|
| | HB2521 | - 19 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | receives information on an applicant under this subsection, |
| 2 | | then it must indicate in the Educator Licensure Information |
| 3 | | System for a 90-day period that the applicant has been issued |
| 4 | | or has not been issued a certificate. |
| 5 | | (c) The board of education shall not knowingly employ a |
| 6 | | person who has been convicted of any offense that would |
| 7 | | subject him or her to license suspension or revocation |
| 8 | | pursuant to Section 21B-80 of this Code, except as provided |
| 9 | | under subsection (b) of 21B-80. Further, the board of |
| 10 | | education shall not knowingly employ a person who has been |
| 11 | | found to be the perpetrator of sexual or physical abuse of any |
| 12 | | minor under 18 years of age pursuant to proceedings under |
| 13 | | Article II of the Juvenile Court Act of 1987. As a condition of |
| 14 | | employment, the board of education must consider the status of |
| 15 | | a person who has been issued an indicated finding of abuse or |
| 16 | | neglect of a child by the Department of Children and Family |
| 17 | | Services under the Abused and Neglected Child Reporting Act or |
| 18 | | by a child welfare agency of another jurisdiction. |
| 19 | | (d) The board of education shall not knowingly employ a |
| 20 | | person for whom a criminal history records check and a |
| 21 | | Statewide Sex Offender Database check have not been initiated. |
| 22 | | (e) Within 10 days after the general superintendent of |
| 23 | | schools, a regional office of education, or an entity that |
| 24 | | provides background checks of license holders to public |
| 25 | | schools receives information of a pending criminal charge |
| 26 | | against a license holder for an offense set forth in Section |
|
| | HB2521 | - 20 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | 21B-80 of this Code, the superintendent, regional office of |
| 2 | | education, or entity must notify the State Superintendent of |
| 3 | | Education of the pending criminal charge. |
| 4 | | No later than 15 business days after receipt of a record of |
| 5 | | conviction or of checking the Statewide Murderer and Violent |
| 6 | | Offender Against Youth Database or the Statewide Sex Offender |
| 7 | | Database and finding a registration, the general |
| 8 | | superintendent of schools or the applicable regional |
| 9 | | superintendent shall, in writing, notify the State |
| 10 | | Superintendent of Education of any license holder who has been |
| 11 | | convicted of a crime set forth in Section 21B-80 of this Code. |
| 12 | | Upon receipt of the record of a conviction of or a finding of |
| 13 | | child abuse by a holder of any license issued pursuant to |
| 14 | | Article 21B or Section 34-8.1 of this Code, the State |
| 15 | | Superintendent of Education may initiate licensure suspension |
| 16 | | and revocation proceedings as authorized by law. If the |
| 17 | | receipt of the record of conviction or finding of child abuse |
| 18 | | is received within 6 months after the initial grant of or |
| 19 | | renewal of a license, the State Superintendent of Education |
| 20 | | may rescind the license holder's license. |
| 21 | | (e-5) The general superintendent of schools shall, in |
| 22 | | writing, notify the State Superintendent of Education of any |
| 23 | | license holder whom he or she has reasonable cause to believe |
| 24 | | has committed (i) an intentional act of abuse or neglect with |
| 25 | | the result of making a child an abused child or a neglected |
| 26 | | child, as defined in Section 3 of the Abused and Neglected |
|
| | HB2521 | - 21 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Child Reporting Act or (ii) an act of sexual misconduct, as |
| 2 | | defined in Section 22-85.5 of this Code, and that act resulted |
| 3 | | in the license holder's dismissal or resignation from the |
| 4 | | school district and must include the Illinois Educator |
| 5 | | Identification Number (IEIN) of the license holder and a brief |
| 6 | | description of the misconduct alleged. This notification must |
| 7 | | be submitted within 30 days after the dismissal or |
| 8 | | resignation. The license holder must also be contemporaneously |
| 9 | | sent a copy of the notice by the superintendent. All |
| 10 | | correspondence, documentation, and other information so |
| 11 | | received by the State Superintendent of Education, the State |
| 12 | | Board of Education, or the State Educator Preparation and |
| 13 | | Licensure Board under this subsection (e-5) is confidential |
| 14 | | and must not be disclosed to third parties, except (i) as |
| 15 | | necessary for the State Superintendent of Education or his or |
| 16 | | her designee to investigate and prosecute pursuant to Article |
| 17 | | 21B of this Code, (ii) pursuant to a court order, (iii) for |
| 18 | | disclosure to the license holder or his or her representative, |
| 19 | | or (iv) as otherwise provided in this Article and provided |
| 20 | | that any such information admitted into evidence in a hearing |
| 21 | | is exempt from this confidentiality and non-disclosure |
| 22 | | requirement. Except for an act of willful or wanton |
| 23 | | misconduct, any superintendent who provides notification as |
| 24 | | required in this subsection (e-5) shall have immunity from any |
| 25 | | liability, whether civil or criminal or that otherwise might |
| 26 | | result by reason of such action. |
|
| | HB2521 | - 22 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | (f) After March 19, 1990, the provisions of this Section |
| 2 | | shall apply to all employees of persons or firms holding |
| 3 | | contracts with any school district including, but not limited |
| 4 | | to, food service workers, school bus drivers and other |
| 5 | | transportation employees, who have direct, daily contact with |
| 6 | | the pupils of any school in such district. For purposes of |
| 7 | | criminal history records checks and checks of the Statewide |
| 8 | | Sex Offender Database on employees of persons or firms holding |
| 9 | | contracts with more than one school district and assigned to |
| 10 | | more than one school district, the regional superintendent of |
| 11 | | the educational service region in which the contracting school |
| 12 | | districts are located may, at the request of any such school |
| 13 | | district, be responsible for receiving the authorization for a |
| 14 | | criminal history records check prepared by each such employee |
| 15 | | and submitting the same to the Illinois State Police and for |
| 16 | | conducting a check of the Statewide Sex Offender Database for |
| 17 | | each employee. Any information concerning the record of |
| 18 | | conviction and identification as a sex offender of any such |
| 19 | | employee obtained by the regional superintendent shall be |
| 20 | | promptly reported to the president of the appropriate school |
| 21 | | board or school boards. |
| 22 | | (f-5) Upon request of a school or school district, any |
| 23 | | information obtained by the school district pursuant to |
| 24 | | subsection (f) of this Section within the last year must be |
| 25 | | made 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 |
|
|
| 1 | | experience or required internship (which is referred to as |
| 2 | | student teaching in this Section) in the public schools, a |
| 3 | | student teacher is required to authorize a fingerprint-based |
| 4 | | criminal history records check. Authorization for and payment |
| 5 | | of the costs of the check must be furnished by the student |
| 6 | | teacher to the school district. Upon receipt of this |
| 7 | | authorization and payment, the school district shall submit |
| 8 | | the student teacher's name, sex, race, date of birth, social |
| 9 | | security number, fingerprint images, and other identifiers, as |
| 10 | | prescribed by the Illinois State Police, to the Illinois State |
| 11 | | Police. The Illinois State Police and the Federal Bureau of |
| 12 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 13 | | criminal history records check, records of convictions, |
| 14 | | forever and hereinafter, until expunged, to the president of |
| 15 | | the board. The Illinois State Police shall charge the school |
| 16 | | district a fee for conducting the check, which fee must not |
| 17 | | exceed the cost of the inquiry and must be deposited into the |
| 18 | | State Police Services Fund. The school district shall further |
| 19 | | perform a check of the Statewide Sex Offender Database, as |
| 20 | | authorized by the Sex Offender Community Notification Law, and |
| 21 | | of the Statewide Murderer and Violent Offender Against Youth |
| 22 | | Database, as authorized by the Murderer and Violent Offender |
| 23 | | Against Youth Registration Act, for each student teacher. The |
| 24 | | board may not knowingly allow a person to student teach for |
| 25 | | whom a criminal history records check, a Statewide Sex |
| 26 | | Offender Database check, and a Statewide Murderer and Violent |
|
| | HB2521 | - 24 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Offender Against Youth Database check have not been completed |
| 2 | | and reviewed by the district. |
| 3 | | A copy of the record of convictions obtained from the |
| 4 | | Illinois State Police must be provided to the student teacher. |
| 5 | | Any information concerning the record of convictions obtained |
| 6 | | by the president of the board is confidential and may only be |
| 7 | | transmitted to the general superintendent of schools or his or |
| 8 | | her designee, the State Superintendent of Education, the State |
| 9 | | Educator Preparation and Licensure Board, or, for |
| 10 | | clarification purposes, the Illinois State Police or the |
| 11 | | Statewide Sex Offender Database or Statewide Murderer and |
| 12 | | Violent Offender Against Youth Database. Any unauthorized |
| 13 | | release of confidential information may be a violation of |
| 14 | | Section 7 of the Criminal Identification Act. |
| 15 | | The board may not knowingly allow a person to student |
| 16 | | teach who has been convicted of any offense that would subject |
| 17 | | him or her to license suspension or revocation pursuant to |
| 18 | | subsection (c) of Section 21B-80 of this Code, except as |
| 19 | | provided under subsection (b) of Section 21B-80. Further, the |
| 20 | | board may not allow a person to student teach if he or she has |
| 21 | | been found to be the perpetrator of sexual or physical abuse of |
| 22 | | a minor under 18 years of age pursuant to proceedings under |
| 23 | | Article II of the Juvenile Court Act of 1987. The board must |
| 24 | | consider the status of a person to student teach who has been |
| 25 | | issued an indicated finding of abuse or neglect of a child by |
| 26 | | the Department of Children and Family Services under the |
|
| | HB2521 | - 25 - | LRB104 09890 LNS 19960 b |
|
|
| 1 | | Abused and Neglected Child Reporting Act or by a child welfare |
| 2 | | agency of another jurisdiction. |
| 3 | | (h) (Blank). |
| 4 | | (Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22; |
| 5 | | 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff. |
| 6 | | 5-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.) |