HB2982 EnrolledLRB101 09382 AXK 54480 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 of
8the Statewide Sex Offender Database and Statewide Murderer and
9Violent Offender Against Youth Database.
10    (a) Certified and noncertified applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any of the enumerated
15criminal or drug offenses in subsection (c) of this Section or
16have been convicted, within 7 years of the application for
17employment with the school district, of any other felony under
18the laws of this State or of any offense committed or attempted
19in any other state or against the laws of the United States
20that, if committed or attempted in this State, would have been
21punishable as a felony under the laws of this State.
22Authorization for the check shall be furnished by the applicant
23to the school district, except that if the applicant is a

 

 

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

 

 

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

 

 

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1superintendent shall be confidential and may only be
2transmitted to the superintendent of the school district or his
3designee, the appropriate regional superintendent if the check
4was requested by the school district, the presidents of the
5appropriate school boards if the check was requested from the
6Department of State Police by the regional superintendent, the
7State Board of Education and a school district as authorized
8under subsection (b-5), the State Superintendent of Education,
9the State Teacher Certification Board, any other person
10necessary to the decision of hiring the applicant for
11employment, or for clarification purposes the Department of
12State Police or Statewide Sex Offender Database, or both. A
13copy of the record of convictions obtained from the Department
14of State Police shall be provided to the applicant for
15employment. Upon the check of the Statewide Sex Offender
16Database or Statewide Murderer and Violent Offender Against
17Youth Database, the school district or regional superintendent
18shall notify an applicant as to whether or not the applicant
19has been identified in the Database as a sex offender. If a
20check of an applicant for employment as a substitute or
21concurrent part-time teacher or concurrent educational support
22personnel employee in more than one school district was
23requested by the regional superintendent, and the Department of
24State Police upon a check ascertains that the applicant has not
25been convicted of any of the enumerated criminal or drug
26offenses in subsection (c) of this Section or has not been

 

 

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1convicted, within 7 years of the application for employment
2with the school district, of any other felony under the laws of
3this State or of any offense committed or attempted in any
4other state or against the laws of the United States that, if
5committed or attempted in this State, would have been
6punishable as a felony under the laws of this State and so
7notifies the regional superintendent and if the regional
8superintendent upon a check ascertains that the applicant has
9not been identified in the Sex Offender Database or Statewide
10Murderer and Violent Offender Against Youth Database as a sex
11offender, then the regional superintendent shall issue to the
12applicant a certificate evidencing that as of the date
13specified by the Department of State Police the applicant has
14not been convicted of any of the enumerated criminal or drug
15offenses in subsection (c) of this Section or has not been
16convicted, within 7 years of the application for employment
17with the school district, of any other felony under the laws of
18this State or of any offense committed or attempted in any
19other state or against the laws of the United States that, if
20committed or attempted in this State, would have been
21punishable as a felony under the laws of this State and
22evidencing that as of the date that the regional superintendent
23conducted a check of the Statewide Sex Offender Database or
24Statewide Murderer and Violent Offender Against Youth
25Database, the applicant has not been identified in the Database
26as a sex offender. The school board of any school district may

 

 

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1rely on the certificate issued by any regional superintendent
2to that substitute teacher, concurrent part-time teacher, or
3concurrent educational support personnel employee or may
4initiate its own criminal history records check of the
5applicant through the Department of State Police and its own
6check of the Statewide Sex Offender Database or Statewide
7Murderer and Violent Offender Against Youth Database as
8provided in this Section subsection (a). Any unauthorized
9release of confidential information may be a violation of
10Section 7 of the Criminal Identification Act.
11    (b-5) If a criminal history records check or check of the
12Statewide Sex Offender Database or Statewide Murderer and
13Violent Offender Against Youth Database is performed by a
14regional superintendent for an applicant seeking employment as
15a substitute teacher with a school district, the regional
16superintendent may disclose to the State Board of Education
17whether the applicant has been issued a certificate under
18subsection (b) based on those checks. If the State Board
19receives information on an applicant under this subsection,
20then it must indicate in the Educator Licensure Information
21System for a 90-day period that the applicant has been issued
22or has not been issued a certificate.
23    (c) No school board shall knowingly employ a person who has
24been convicted of any offense that would subject him or her to
25license suspension or revocation pursuant to Section 21B-80 of
26this Code. Further, no school board shall knowingly employ a

 

 

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1person who has been found to be the perpetrator of sexual or
2physical abuse of any minor under 18 years of age pursuant to
3proceedings under Article II of the Juvenile Court Act of 1987.
4    (d) No school board shall knowingly employ a person for
5whom a criminal history records check and a Statewide Sex
6Offender Database check has not been initiated.
7    (e) Upon receipt of the record of a conviction of or a
8finding of child abuse by a holder of any certificate issued
9pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
10Code, the State Superintendent of Education may initiate
11certificate suspension and revocation proceedings as
12authorized by law.
13    (e-5) The superintendent of the employing school board
14shall, in writing, notify the State Superintendent of Education
15and the applicable regional superintendent of schools of any
16certificate holder whom he or she has reasonable cause to
17believe has committed an intentional act of abuse or neglect
18with the result of making a child an abused child or a
19neglected child, as defined in Section 3 of the Abused and
20Neglected Child Reporting Act, and that act resulted in the
21certificate holder's dismissal or resignation from the school
22district. This notification must be submitted within 30 days
23after the dismissal or resignation. The certificate holder must
24also be contemporaneously sent a copy of the notice by the
25superintendent. All correspondence, documentation, and other
26information so received by the regional superintendent of

 

 

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1schools, the State Superintendent of Education, the State Board
2of Education, or the State Teacher Certification Board under
3this subsection (e-5) is confidential and must not be disclosed
4to third parties, except (i) as necessary for the State
5Superintendent of Education or his or her designee to
6investigate and prosecute pursuant to Article 21 of this Code,
7(ii) pursuant to a court order, (iii) for disclosure to the
8certificate holder or his or her representative, or (iv) as
9otherwise provided in this Article and provided that any such
10information admitted into evidence in a hearing is exempt from
11this confidentiality and non-disclosure requirement. Except
12for an act of willful or wanton misconduct, any superintendent
13who provides notification as required in this subsection (e-5)
14shall have immunity from any liability, whether civil or
15criminal or that otherwise might result by reason of such
16action.
17    (f) After January 1, 1990 the provisions of this Section
18shall apply to all employees of persons or firms holding
19contracts with any school district including, but not limited
20to, food service workers, school bus drivers and other
21transportation employees, who have direct, daily contact with
22the pupils of any school in such district. For purposes of
23criminal history records checks and checks of the Statewide Sex
24Offender Database on employees of persons or firms holding
25contracts with more than one school district and assigned to
26more than one school district, the regional superintendent of

 

 

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1the educational service region in which the contracting school
2districts are located may, at the request of any such school
3district, be responsible for receiving the authorization for a
4criminal history records check prepared by each such employee
5and submitting the same to the Department of State Police and
6for conducting a check of the Statewide Sex Offender Database
7for each employee. Any information concerning the record of
8conviction and identification as a sex offender of any such
9employee obtained by the regional superintendent shall be
10promptly reported to the president of the appropriate school
11board or school boards.
12    (f-5) Upon request of a school or school district, any
13information obtained by a school district pursuant to
14subsection (f) of this Section within the last year must be
15made available to the requesting school or school district.
16    (g) Prior to the commencement of any student teaching
17experience or required internship (which is referred to as
18student teaching in this Section) in the public schools, a
19student teacher is required to authorize a fingerprint-based
20criminal history records check. Authorization for and payment
21of the costs of the check must be furnished by the student
22teacher to the school district where the student teaching is to
23be completed. Upon receipt of this authorization and payment,
24the school district shall submit the student teacher's name,
25sex, race, date of birth, social security number, fingerprint
26images, and other identifiers, as prescribed by the Department

 

 

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1of State Police, to the Department of State Police. The
2Department of State Police and the Federal Bureau of
3Investigation shall furnish, pursuant to a fingerprint-based
4criminal history records check, records of convictions,
5forever and hereinafter, until expunged, to the president of
6the school board for the school district that requested the
7check. The Department shall charge the school district a fee
8for conducting the check, which fee must not exceed the cost of
9the inquiry and must be deposited into the State Police
10Services Fund. The school district shall further perform a
11check of the Statewide Sex Offender Database, as authorized by
12the Sex Offender Community Notification Law, and of the
13Statewide Murderer and Violent Offender Against Youth
14Database, as authorized by the Murderer and Violent Offender
15Against Youth Registration Act, for each student teacher. No
16school board may knowingly allow a person to student teach for
17whom a criminal history records check, a Statewide Sex Offender
18Database check, and a Statewide Murderer and Violent Offender
19Against Youth Database check have not been completed and
20reviewed by the district.
21    A copy of the record of convictions obtained from the
22Department of State Police must be provided to the student
23teacher. Any information concerning the record of convictions
24obtained by the president of the school board is confidential
25and may only be transmitted to the superintendent of the school
26district or his or her designee, the State Superintendent of

 

 

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1Education, the State Educator Preparation and Licensure Board,
2or, for clarification purposes, the Department of State Police
3or the Statewide Sex Offender Database or Statewide Murderer
4and Violent Offender Against Youth Database. Any unauthorized
5release of confidential information may be a violation of
6Section 7 of the Criminal Identification Act.
7    No school board may knowingly allow a person to student
8teach who has been convicted of any offense that would subject
9him or her to license suspension or revocation pursuant to
10Section 21B-80 of this Code or who has been found to be the
11perpetrator of sexual or physical abuse of a minor under 18
12years of age pursuant to proceedings under Article II of the
13Juvenile Court Act of 1987.
14    (h) (Blank).
15(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
16    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
17    Sec. 34-18.5. Criminal history records checks and checks of
18the Statewide Sex Offender Database and Statewide Murderer and
19Violent Offender Against Youth Database.
20    (a) Certified and noncertified applicants for employment
21with the school district are required as a condition of
22employment to authorize a fingerprint-based criminal history
23records check to determine if such applicants have been
24convicted of any of the enumerated criminal or drug offenses in
25subsection (c) of this Section or have been convicted, within 7

 

 

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

 

 

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1promptly notify the school districts in which the applicant is
2seeking employment as a substitute or concurrent part-time
3teacher or concurrent educational support personnel employee
4that the check of the applicant has been requested. The
5Department of State Police and the Federal Bureau of
6Investigation shall furnish, pursuant to a fingerprint-based
7criminal history records check, records of convictions,
8forever and hereinafter, until expunged, to the president of
9the school board for the school district that requested the
10check, or to the regional superintendent who requested the
11check. The Department shall charge the school district or the
12appropriate regional superintendent a fee for conducting such
13check, which fee shall be deposited in the State Police
14Services Fund and shall not exceed the cost of the inquiry; and
15the applicant shall not be charged a fee for such check by the
16school district or by the regional superintendent. Subject to
17appropriations for these purposes, the State Superintendent of
18Education shall reimburse the school district and regional
19superintendent for fees paid to obtain criminal history records
20checks under this Section.
21    (a-5) The school district or regional superintendent shall
22further perform a check of the Statewide Sex Offender Database,
23as authorized by the Sex Offender Community Notification Law,
24for each applicant.
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.
4    (b) Any information concerning the record of convictions
5obtained by the president of the board of education or the
6regional superintendent shall be confidential and may only be
7transmitted to the general superintendent of the school
8district or his designee, the appropriate regional
9superintendent if the check was requested by the board of
10education for the school district, the presidents of the
11appropriate board of education or school boards if the check
12was requested from the Department of State Police by the
13regional superintendent, the State Board of Education and the
14school district as authorized under subsection (b-5), the State
15Superintendent of Education, the State Teacher Certification
16Board or any other person necessary to the decision of hiring
17the applicant for employment. A copy of the record of
18convictions obtained from the Department of State Police shall
19be provided to the applicant for employment. Upon the check of
20the Statewide Sex Offender Database or Statewide Murderer and
21Violent Offender Against Youth Database, the school district or
22regional superintendent shall notify an applicant as to whether
23or not the applicant has been identified in the Database as a
24sex offender. If a check of an applicant for employment as a
25substitute or concurrent part-time teacher or concurrent
26educational support personnel employee in more than one school

 

 

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

 

 

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1conducted a check of the Statewide Sex Offender Database or
2Statewide Murderer and Violent Offender Against Youth
3Database, the applicant has not been identified in the Database
4as a sex offender. The school board of any school district may
5rely on the certificate issued by any regional superintendent
6to that substitute teacher, concurrent part-time teacher, or
7concurrent educational support personnel employee or may
8initiate its own criminal history records check of the
9applicant through the Department of State Police and its own
10check of the Statewide Sex Offender Database or Statewide
11Murderer and Violent Offender Against Youth Database as
12provided in this Section subsection (a). Any unauthorized
13release of confidential information may be a violation of
14Section 7 of the Criminal Identification Act.
15    (b-5) If a criminal history records check or check of the
16Statewide Sex Offender Database or Statewide Murderer and
17Violent Offender Against Youth Database is performed by a
18regional superintendent for an applicant seeking employment as
19a substitute teacher with the school district, the regional
20superintendent may disclose to the State Board of Education
21whether the applicant has been issued a certificate under
22subsection (b) based on those checks. If the State Board
23receives information on an applicant under this subsection,
24then it must indicate in the Educator Licensure Information
25System for a 90-day period that the applicant has been issued
26or has not been issued a certificate.

 

 

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1    (c) The board of education shall not knowingly employ a
2person who has been convicted of any offense that would subject
3him or her to license suspension or revocation pursuant to
4Section 21B-80 of this Code. Further, the board of education
5shall not knowingly employ a person who has been found to be
6the perpetrator of sexual or physical abuse of any minor under
718 years of age pursuant to proceedings under Article II of the
8Juvenile Court Act of 1987.
9    (d) The board of education shall not knowingly employ a
10person for whom a criminal history records check and a
11Statewide Sex Offender Database check has not been initiated.
12    (e) Upon receipt of the record of a conviction of or a
13finding of child abuse by a holder of any certificate issued
14pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
15Code, the State Superintendent of Education may initiate
16certificate suspension and revocation proceedings as
17authorized by law.
18    (e-5) The general superintendent of schools shall, in
19writing, notify the State Superintendent of Education of any
20certificate holder whom he or she has reasonable cause to
21believe has committed an intentional act of abuse or neglect
22with the result of making a child an abused child or a
23neglected child, as defined in Section 3 of the Abused and
24Neglected Child Reporting Act, and that act resulted in the
25certificate holder's dismissal or resignation from the school
26district. This notification must be submitted within 30 days

 

 

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1after the dismissal or resignation. The certificate holder must
2also be contemporaneously sent a copy of the notice by the
3superintendent. All correspondence, documentation, and other
4information so received by the State Superintendent of
5Education, the State Board of Education, or the State Teacher
6Certification Board under this subsection (e-5) is
7confidential and must not be disclosed to third parties, except
8(i) as necessary for the State Superintendent of Education or
9his or her designee to investigate and prosecute pursuant to
10Article 21 of this Code, (ii) pursuant to a court order, (iii)
11for disclosure to the certificate holder or his or her
12representative, or (iv) as otherwise provided in this Article
13and provided that any such information admitted into evidence
14in a hearing is exempt from this confidentiality and
15non-disclosure requirement. Except for an act of willful or
16wanton misconduct, any superintendent who provides
17notification as required in this subsection (e-5) shall have
18immunity from any liability, whether civil or criminal or that
19otherwise might result by reason of such action.
20    (f) After March 19, 1990, the provisions of this Section
21shall apply to all employees of persons or firms holding
22contracts with any school district including, but not limited
23to, food service workers, school bus drivers and other
24transportation employees, who have direct, daily contact with
25the pupils of any school in such district. For purposes of
26criminal history records checks and checks of the Statewide Sex

 

 

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1Offender Database on employees of persons or firms holding
2contracts with more than one school district and assigned to
3more than one school district, the regional superintendent of
4the educational service region in which the contracting school
5districts are located may, at the request of any such school
6district, be responsible for receiving the authorization for a
7criminal history records check prepared by each such employee
8and submitting the same to the Department of State Police and
9for conducting a check of the Statewide Sex Offender Database
10for each employee. Any information concerning the record of
11conviction and identification as a sex offender of any such
12employee obtained by the regional superintendent shall be
13promptly reported to the president of the appropriate school
14board or school boards.
15    (f-5) Upon request of a school or school district, any
16information obtained by the school district pursuant to
17subsection (f) of this Section within the last year must be
18made available to the requesting school or school district.
19    (g) Prior to the commencement of any student teaching
20experience or required internship (which is referred to as
21student teaching in this Section) in the public schools, a
22student teacher is required to authorize a fingerprint-based
23criminal history records check. Authorization for and payment
24of the costs of the check must be furnished by the student
25teacher to the school district. Upon receipt of this
26authorization and payment, the school district shall submit the

 

 

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1student teacher's name, sex, race, date of birth, social
2security number, fingerprint images, and other identifiers, as
3prescribed by the Department of State Police, to the Department
4of State Police. The Department of State Police and the Federal
5Bureau of Investigation shall furnish, pursuant to a
6fingerprint-based criminal history records check, records of
7convictions, forever and hereinafter, until expunged, to the
8president of the board. The Department shall charge the school
9district a fee for conducting the check, which fee must not
10exceed the cost of the inquiry and must be deposited into the
11State Police Services Fund. The school district shall further
12perform a check of the Statewide Sex Offender Database, as
13authorized by the Sex Offender Community Notification Law, and
14of the Statewide Murderer and Violent Offender Against Youth
15Database, as authorized by the Murderer and Violent Offender
16Against Youth Registration Act, for each student teacher. The
17board may not knowingly allow a person to student teach for
18whom a criminal history records check, a Statewide Sex Offender
19Database check, and a Statewide Murderer and Violent Offender
20Against Youth Database check have not been completed and
21reviewed by the district.
22    A copy of the record of convictions obtained from the
23Department of State Police must be provided to the student
24teacher. Any information concerning the record of convictions
25obtained by the president of the board is confidential and may
26only be transmitted to the general superintendent of schools or

 

 

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1his or her designee, the State Superintendent of Education, the
2State Educator Preparation and Licensure Board, or, for
3clarification purposes, the Department of State Police or the
4Statewide Sex Offender Database or Statewide Murderer and
5Violent Offender Against Youth Database. Any unauthorized
6release of confidential information may be a violation of
7Section 7 of the Criminal Identification Act.
8    The board may not knowingly allow a person to student teach
9who has been convicted of any offense that would subject him or
10her to license suspension or revocation pursuant to Section
1121B-80 of this Code or who has been found to be the perpetrator
12of sexual or physical abuse of a minor under 18 years of age
13pursuant to proceedings under Article II of the Juvenile Court
14Act of 1987.
15    (h) (Blank).
16(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.