HB4534 95TH GENERAL ASSEMBLY

LRB095 17305 NHT 43800 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4534

Introduced , by Rep. Careen M Gordon

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-326 new
105 ILCS 5/2-3.148 new
105 ILCS 5/10-20.46 new
105 ILCS 5/21-30 new
105 ILCS 5/34-18.37 new
30 ILCS 805/8.32 new

Amends the School Code and the Department of State Police Law of the Civil Administrative Code of Illinois. Requires the State Board of Education to develop a streamlined system in which school boards report to the State Board on instances in which misconduct by a teacher that involves a child leads to the teacher's dismissal or resignation. Requires a school board to report to the State Board all instances in which misconduct by a teacher that involves a child leads to the teacher's dismissal or resignation. Provides that the State Board shall require that each person seeking a teaching certificate in this State or renewing a teaching certificate in this State, as part of the issuance and renewal process, authorize an investigation to determine if the person has ever been convicted of a crime and, if so, the disposition of those convictions. Provides that the investigation shall consist of a fingerprint-based criminal history records check. Provides that any criminal convictions and their disposition information obtained by the State Board is confidential; provides for a penalty for violating this provision. Amends the State Mandates Act to require implementation without reimbursement.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-326 as follows:

(20 ILCS 2605/2605-326 new)

Sec. 2605-326. Conviction information for State Board of Education. On request of the State Board of Education, to conduct a fingerprint-based criminal history records check pursuant to Section 21-29 of the School Code. The Department shall furnish the conviction information to the State Board of Education.

Section 10. The School Code is amended by adding Sections 2-3.148, 10-20.46, 21-30, and 34-18.37 as follows:

(105 ILCS 5/2-3.148 new)

Sec. 2-3.148. Teacher misconduct reporting system. The State Board of Education shall develop a streamlined system in which school boards report to the State Board on instances in which misconduct by a teacher that involves a child leads to the teacher's dismissal or resignation. The State Board may adopt any rules necessary to implement this Section.

(105 ILCS 5/10-20.46 new)

Sec. 10-20.46. Report of teacher misconduct. Under the system developed by the State Board of Education under Section 2-3.148 of this Code, a school board must report to the State Board of Education all instances in which misconduct by a teacher that involves a child leads to the teacher's dismissal or resignation.

(105 ILCS 5/21-30 new)

Sec. 21-30. Criminal history records check required.

(a) The State Board of Education shall require that each person seeking a teaching certificate in this State or renewing a teaching certificate in this State, as part of the issuance and renewal process, authorize an investigation to determine if the person has ever been convicted of a crime and, if so, the disposition of those convictions. This authorization shall indicate the scope of the inquiry and the agencies that may be contacted. Upon this authorization, the State Board of Education may request and receive information and assistance from any federal, State, or local governmental agency as part of the authorized investigation.

The investigation must be undertaken after the fingerprinting of the person in the form and manner prescribed by the Department of State Police. The investigation shall consist of a criminal history records check performed by the Department of State Police and the Federal Bureau of Investigation or some other entity that has the ability to check the applicant's fingerprints against the fingerprint records now and hereafter filed in the Department of State Police and Federal Bureau of Investigation criminal history records databases. If the Department of State Police and the Federal Bureau of Investigation conduct an investigation directly for the State Board of Education, then the Department of State Police shall charge the State Board of Education a fee for conducting the criminal history records check, which must be deposited into the State Police Services Fund and must not exceed the actual cost of the records check.

The Department of State Police shall provide information concerning any criminal convictions, and their disposition, brought against the person upon request of the State Board of Education when the request is made in the form and manner required by the Department of State Police. The information derived from this investigation, including the source of this information, and any conclusions or recommendations derived from this information by the Department of State Police must be provided to the person or his or her designee upon request to the State Board of Education prior to any final action by the State Board of Education on the teaching certificate.

(b) No information obtained from an investigation under this Section may be placed in any automated information system. Any criminal convictions and their disposition information obtained by the State Board of Education is confidential and must not be transmitted outside the State Board of Education, except as required in this Section, and must not be transmitted to anyone within the State Board of Education except as needed for the purpose of issuing or renewing the teaching certificate. The only physical identity materials that the person may be required to provide the State Board of Education are photographs or fingerprints. These materials must be returned to the person, upon request to the State Board of Education, after the investigation has been completed, and no copy of these materials may be kept by the State Board of Education or any agency to which such identity materials were transmitted. Only information and standards that bear a reasonable and rational relationship to the issuance or renewal of a teaching certificate may be used by the State Board of Education.

(c) Any employee of the State Board of Education who gives or causes to be given away any confidential information concerning any criminal convictions, and their disposition, of a person under this Section is guilty of a Class A misdemeanor, unless release of this information is authorized by this Section.

(d) The State Board of Education shall adopt rules for the administration of this Section.

(105 ILCS 5/34-18.37 new)

Sec. 34-18.37. Report of teacher misconduct. Under the system developed by the State Board of Education under Section 2-3.148 of this Code, the board must report to the State Board of Education all instances in which misconduct by a teacher that involves a child leads to the teacher's dismissal or resignation.

Section 90. The State Mandates Act is amended by adding Section 8.32 as follows:

(30 ILCS 805/8.32 new)

Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 95th General Assembly.