101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0277

 

Introduced , by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-23.12  from Ch. 122, par. 10-23.12
105 ILCS 5/21B-75
105 ILCS 5/34-18.6  from Ch. 122, par. 34-18.6

    Amends the School Code. Provides that the State Superintendent of Education has the authority to initiate a suspension of or revoke the license of any educator licensed under the Educator Licensure Article of the Code if he or she negligently fails to report an instance of suspected child abuse or neglect. Provides that, except for an educator licensed under the Educator Licensure Article of the Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. Effective immediately.


LRB101 04656 AXK 49665 b

 

 

A BILL FOR

 

HB0277LRB101 04656 AXK 49665 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
510-23.12, 21B-75, and 34-18.6 as follows:
 
6    (105 ILCS 5/10-23.12)  (from Ch. 122, par. 10-23.12)
7    Sec. 10-23.12. Child abuse and neglect; detection,
8reporting, and prevention; willful or negligent failure to
9report.
10    (a) To provide staff development for local school site
11personnel who work with pupils in grades kindergarten through 8
12in the detection, reporting, and prevention of child abuse and
13neglect.
14    (b) The Department of Children and Family Services may, in
15cooperation with school officials, distribute appropriate
16materials in school buildings listing the toll-free telephone
17number established in Section 7.6 of the Abused and Neglected
18Child Reporting Act, including methods of making a report under
19Section 7 of the Abused and Neglected Child Reporting Act, to
20be displayed in a clearly visible location in each school
21building.
22    (c) Except for an employee licensed under Article 21B of
23this Code, if a school board determines that any school

 

 

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1district employee has willfully or negligently failed to report
2an instance of suspected child abuse or neglect, as required by
3the Abused and Neglected Child Reporting Act, then the school
4board may dismiss that employee immediately upon that
5determination. For purposes of this subsection (c), negligent
6failure to report an instance of suspected child abuse or
7neglect occurs when a school district employee personally
8observes or learns of an instance of suspected child abuse or
9neglect and reasonably believes, in his or her professional or
10official capacity, that the instance constitutes an act of
11child abuse or neglect under the Abused and Neglected Child
12Reporting Act, and he or she, without willful intent, fails to
13immediately report or cause a report to be made of the
14suspected abuse or neglect to the Department of Children and
15Family Services, as required by the Abused and Neglected Child
16Reporting Act.
17(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
 
18    (105 ILCS 5/21B-75)
19    Sec. 21B-75. Suspension or revocation of license.
20    (a) As used in this Section, "teacher" means any school
21district employee regularly required to be licensed, as
22provided in this Article, in order to teach or supervise in the
23public schools.
24    (b) The State Superintendent of Education has the exclusive
25authority, in accordance with this Section and any rules

 

 

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1adopted by the State Board of Education, in consultation with
2the State Educator Preparation and Licensure Board, to initiate
3the suspension of up to 5 calendar years or revocation of any
4license issued pursuant to this Article for abuse or neglect of
5a child, immorality, a condition of health detrimental to the
6welfare of pupils, incompetency, unprofessional conduct (which
7includes the failure to disclose on an employment application
8any previous conviction for a sex offense, as defined in
9Section 21B-80 of this Code, or any other offense committed in
10any other state or against the laws of the United States that,
11if committed in this State, would be punishable as a sex
12offense, as defined in Section 21B-80 of this Code), the
13neglect of any professional duty, willful or negligent failure
14to report an instance of suspected child abuse or neglect as
15required by the Abused and Neglected Child Reporting Act, or
16other just cause. Negligent failure to report an instance of
17suspected child abuse or neglect occurs when a teacher
18personally observes or learns of an instance of suspected child
19abuse or neglect and reasonably believes, in his or her
20professional or official capacity, that the instance
21constitutes an act of child abuse or neglect under the Abused
22and Neglected Child Reporting Act, and he or she, without
23willful intent, fails to immediately report or cause a report
24to be made of the suspected abuse or neglect to the Department
25of Children and Family Services, as required by the Abused and
26Neglected Child Reporting Act. Unprofessional conduct shall

 

 

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1include the refusal to attend or participate in institutes,
2teachers' meetings, or professional readings or to meet other
3reasonable requirements of the regional superintendent of
4schools or State Superintendent of Education. Unprofessional
5conduct also includes conduct that violates the standards,
6ethics, or rules applicable to the security, administration,
7monitoring, or scoring of or the reporting of scores from any
8assessment test or examination administered under Section
92-3.64a-5 of this Code or that is known or intended to produce
10or report manipulated or artificial, rather than actual,
11assessment or achievement results or gains from the
12administration of those tests or examinations. Unprofessional
13conduct shall also include neglect or unnecessary delay in the
14making of statistical and other reports required by school
15officers. Incompetency shall include, without limitation, 2 or
16more school terms of service for which the license holder has
17received an unsatisfactory rating on a performance evaluation
18conducted pursuant to Article 24A of this Code within a period
19of 7 school terms of service. In determining whether to
20initiate action against one or more licenses based on
21incompetency and the recommended sanction for such action, the
22State Superintendent shall consider factors that include
23without limitation all of the following:
24        (1) Whether the unsatisfactory evaluation ratings
25    occurred prior to June 13, 2011 (the effective date of
26    Public Act 97-8).

 

 

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1        (2) Whether the unsatisfactory evaluation ratings
2    occurred prior to or after the implementation date, as
3    defined in Section 24A-2.5 of this Code, of an evaluation
4    system for teachers in a school district.
5        (3) Whether the evaluator or evaluators who performed
6    an unsatisfactory evaluation met the pre-licensure and
7    training requirements set forth in Section 24A-3 of this
8    Code.
9        (4) The time between the unsatisfactory evaluation
10    ratings.
11        (5) The quality of the remediation plans associated
12    with the unsatisfactory evaluation ratings and whether the
13    license holder successfully completed the remediation
14    plans.
15        (6) Whether the unsatisfactory evaluation ratings were
16    related to the same or different assignments performed by
17    the license holder.
18        (7) Whether one or more of the unsatisfactory
19    evaluation ratings occurred in the first year of a teaching
20    or administrative assignment.
21When initiating an action against one or more licenses, the
22State Superintendent may seek required professional
23development as a sanction in lieu of or in addition to
24suspension or revocation. Any such required professional
25development must be at the expense of the license holder, who
26may use, if available and applicable to the requirements

 

 

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1established by administrative or court order, training,
2coursework, or other professional development funds in
3accordance with the terms of an applicable collective
4bargaining agreement entered into after June 13, 2011 (the
5effective date of Public Act 97-8), unless that agreement
6specifically precludes use of funds for such purpose.
7    (c) The State Superintendent of Education shall, upon
8receipt of evidence of abuse or neglect of a child, immorality,
9a condition of health detrimental to the welfare of pupils,
10incompetency (subject to subsection (b) of this Section),
11unprofessional conduct, the neglect of any professional duty,
12or other just cause, further investigate and, if and as
13appropriate, serve written notice to the individual and afford
14the individual opportunity for a hearing prior to suspension,
15revocation, or other sanction; provided that the State
16Superintendent is under no obligation to initiate such an
17investigation if the Department of Children and Family Services
18is investigating the same or substantially similar allegations
19and its child protective service unit has not made its
20determination, as required under Section 7.12 of the Abused and
21Neglected Child Reporting Act. If the State Superintendent of
22Education does not receive from an individual a request for a
23hearing within 10 days after the individual receives notice,
24the suspension, revocation, or other sanction shall
25immediately take effect in accordance with the notice. If a
26hearing is requested within 10 days after notice of an

 

 

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1opportunity for hearing, it shall act as a stay of proceedings
2until the State Educator Preparation and Licensure Board issues
3a decision. Any hearing shall take place in the educational
4service region where the educator is or was last employed and
5in accordance with rules adopted by the State Board of
6Education, in consultation with the State Educator Preparation
7and Licensure Board, and such rules shall include without
8limitation provisions for discovery and the sharing of
9information between parties prior to the hearing. The standard
10of proof for any administrative hearing held pursuant to this
11Section shall be by the preponderance of the evidence. The
12decision of the State Educator Preparation and Licensure Board
13is a final administrative decision and is subject to judicial
14review by appeal of either party.
15    The State Board of Education may refuse to issue or may
16suspend the license of any person who fails to file a return or
17to pay the tax, penalty, or interest shown in a filed return or
18to pay any final assessment of tax, penalty, or interest, as
19required by any tax Act administered by the Department of
20Revenue, until such time as the requirements of any such tax
21Act are satisfied.
22    The exclusive authority of the State Superintendent of
23Education to initiate suspension or revocation of a license
24pursuant to this Section does not preclude a regional
25superintendent of schools from cooperating with the State
26Superintendent or a State's Attorney with respect to an

 

 

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1investigation of alleged misconduct.
2    (d) The State Superintendent of Education or his or her
3designee may initiate and conduct such investigations as may be
4reasonably necessary to establish the existence of any alleged
5misconduct. At any stage of the investigation, the State
6Superintendent may issue a subpoena requiring the attendance
7and testimony of a witness, including the license holder, and
8the production of any evidence, including files, records,
9correspondence, or documents, relating to any matter in
10question in the investigation. The subpoena shall require a
11witness to appear at the State Board of Education at a
12specified date and time and shall specify any evidence to be
13produced. The license holder is not entitled to be present, but
14the State Superintendent shall provide the license holder with
15a copy of any recorded testimony prior to a hearing under this
16Section. Such recorded testimony must not be used as evidence
17at a hearing, unless the license holder has adequate notice of
18the testimony and the opportunity to cross-examine the witness.
19Failure of a license holder to comply with a duly issued,
20investigatory subpoena may be grounds for revocation,
21suspension, or denial of a license.
22    (e) All correspondence, documentation, and other
23information so received by the regional superintendent of
24schools, the State Superintendent of Education, the State Board
25of Education, or the State Educator Preparation and Licensure
26Board under this Section is confidential and must not be

 

 

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1disclosed to third parties, except (i) as necessary for the
2State Superintendent of Education or his or her designee to
3investigate and prosecute pursuant to this Article, (ii)
4pursuant to a court order, (iii) for disclosure to the license
5holder or his or her representative, or (iv) as otherwise
6required in this Article and provided that any such information
7admitted into evidence in a hearing is exempt from this
8confidentiality and non-disclosure requirement.
9    (f) The State Superintendent of Education or a person
10designated by him or her shall have the power to administer
11oaths to witnesses at any hearing conducted before the State
12Educator Preparation and Licensure Board pursuant to this
13Section. The State Superintendent of Education or a person
14designated by him or her is authorized to subpoena and bring
15before the State Educator Preparation and Licensure Board any
16person in this State and to take testimony either orally or by
17deposition or by exhibit, with the same fees and mileage and in
18the same manner as prescribed by law in judicial proceedings in
19civil cases in circuit courts of this State.
20    (g) Any circuit court, upon the application of the State
21Superintendent of Education or the license holder, may, by
22order duly entered, require the attendance of witnesses and the
23production of relevant books and papers as part of any
24investigation or at any hearing the State Educator Preparation
25and Licensure Board is authorized to conduct pursuant to this
26Section, and the court may compel obedience to its orders by

 

 

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1proceedings for contempt.
2    (h) The State Board of Education shall receive an annual
3line item appropriation to cover fees associated with the
4investigation and prosecution of alleged educator misconduct
5and hearings related thereto.
6(Source: P.A. 100-872, eff. 8-14-18.)
 
7    (105 ILCS 5/34-18.6)  (from Ch. 122, par. 34-18.6)
8    Sec. 34-18.6. Child abuse and neglect; detection,
9reporting, and prevention; willful or negligent failure to
10report.
11    (a) The Board of Education may provide staff development
12for local school site personnel who work with pupils in grades
13kindergarten through 8 in the detection, reporting, and
14prevention of child abuse and neglect.
15    (b) The Department of Children and Family Services may, in
16cooperation with school officials, distribute appropriate
17materials in school buildings listing the toll-free telephone
18number established in Section 7.6 of the Abused and Neglected
19Child Reporting Act, including methods of making a report under
20Section 7 of the Abused and Neglected Child Reporting Act, to
21be displayed in a clearly visible location in each school
22building.
23    (c) Except for an employee licensed under Article 21B of
24this Code, if the board determines that any school district
25employee has willfully or negligently failed to report an

 

 

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1instance of suspected child abuse or neglect, as required by
2the Abused and Neglected Child Reporting Act, then the board
3may dismiss that employee immediately upon that determination.
4For purposes of this subsection (c), negligent failure to
5report an instance of suspected child abuse or neglect occurs
6when a school district employee personally observes or learns
7of an instance of suspected child abuse or neglect and
8reasonably believes, in his or her professional or official
9capacity, that the instance constitutes an act of child abuse
10or neglect under the Abused and Neglected Child Reporting Act,
11and he or she, without willful intent, fails to immediately
12report or cause a report to be made of the suspected abuse or
13neglect to the Department of Children and Family Services, as
14required by the Abused and Neglected Child Reporting Act.
15(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.