101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3819

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-20.69 new
105 ILCS 5/34-18.61 new

    Amends the School Code. Provides that, if a school district or person who is a contractor to the district takes disciplinary action, including requiring a paid or unpaid leave of absence, against an employee who is an educator licensed under the Educator Licensure Article of the Code or an employee of the contractor because of an allegation made against that employee that involves a violation of the Criminal Code of 2012 and the offense is sexually motivated, the school district must report the allegation, including the name of the employee, to (i) all persons employed by the school district or by the contractor who have duties within the school to which that employee is assigned and (ii) all parents or guardians of students attending the school to which that employee is assigned; defines "sexually motivated". Provides that if a school district makes a report and, subsequent to the reporting, the employee who was the subject of the report has been exonerated from the allegation, the school district must report the exoneration to all persons who received the initial report. Requires the State Board of Education to adopt rules. Effective immediately.


LRB101 11472 AXK 57198 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3819LRB101 11472 AXK 57198 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 adding Sections
510-20.69 and 34-18.61 as follows:
 
6    (105 ILCS 5/10-20.69 new)
7    Sec. 10-20.69. Employee disciplinary action; report.
8    (a) In this Section, "sexually motivated" has the meaning
9given to that term under Section 10 of the Sex Offender
10Management Board Act.
11    (b) Notwithstanding any other provision of law, if a school
12district or person who is a contractor to the district takes
13disciplinary action, including requiring a paid or unpaid leave
14of absence, against an employee who is an educator licensed
15under Article 21B or an employee of the contractor because of
16an allegation made against that employee that involves a
17violation of the Criminal Code of 2012 and the offense is
18sexually motivated, the school district must report the
19allegation, including the name of the employee, to (i) all
20persons employed by the school district or by the contractor
21who have duties within the school to which that employee is
22assigned and (ii) all parents or guardians of students
23attending the school to which that employee is assigned.

 

 

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1    (c) If a school district makes a report under subsection
2(b) and, subsequent to the reporting, the employee who was the
3subject of the report has been exonerated from the allegation,
4the school district must report the exoneration to all persons
5who received the initial report.
6    (d) The State Board of Education must adopt rules to
7implement this Section.
 
8    (105 ILCS 5/34-18.61 new)
9    Sec. 34-18.61. Employee disciplinary action; report.
10    (a) In this Section, "sexually motivated" has the meaning
11given to that term under Section 10 of the Sex Offender
12Management Board Act.
13    (b) Notwithstanding any other provision of law, if the
14school district or a person who is a contractor to the district
15takes disciplinary action, including requiring a paid or unpaid
16leave of absence, against an employee who is an educator
17licensed under Article 21B or an employee of the contractor
18because of an allegation made against that employee that
19involves a violation of the Criminal Code of 2012 and the
20offense is sexually motivated, the school district must report
21the allegation, including the name of the employee, to (i) all
22persons employed by the school district or by the contractor
23who have duties within the school to which that employee is
24assigned and (ii) all parents or guardians of students
25attending the school to which that employee is assigned.

 

 

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1    (c) If the school district makes a report under subsection
2(b) and, subsequent to the reporting, the employee who was the
3subject of the report has been exonerated from the allegation,
4the school district must report the exoneration to all persons
5who received the initial report.
6    (d) The State Board of Education must adopt rules to
7implement this Section.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.