102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5240

 

Introduced 1/31/2022, by Rep. Keith R. Wheeler

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25o

    Amends the School Code. Provides that at any time the State Board of Education moves to remove a nonpublic school's recognition status due to a perceived emergency situation being present at the nonpublic school, the State Board of Education shall file a notice of emergency rulemaking pursuant to the Illinois Administrative Procedure Act to adopt emergency rules that specifically detail the perceived emergency situation and its impact on students and school personnel. Effective immediately.


LRB102 22695 CMG 31841 b

 

 

A BILL FOR

 

HB5240LRB102 22695 CMG 31841 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 Section
52-3.25o as follows:
 
6    (105 ILCS 5/2-3.25o)
7    Sec. 2-3.25o. Registration and recognition of non-public
8elementary and secondary schools.
9    (a) Findings. The General Assembly finds and declares (i)
10that the Constitution of the State of Illinois provides that a
11"fundamental goal of the People of the State is the
12educational development of all persons to the limits of their
13capacities" and (ii) that the educational development of every
14school student serves the public purposes of the State. In
15order to ensure that all Illinois students and teachers have
16the opportunity to enroll and work in State-approved
17educational institutions and programs, the State Board of
18Education shall provide for the voluntary registration and
19recognition of non-public elementary and secondary schools.
20    (b) Registration. All non-public elementary and secondary
21schools in the State of Illinois may voluntarily register with
22the State Board of Education on an annual basis. Registration
23shall be completed in conformance with procedures prescribed

 

 

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1by the State Board of Education. Information required for
2registration shall include assurances of compliance (i) with
3federal and State laws regarding health examination and
4immunization, attendance, length of term, and
5nondiscrimination, including assurances that the school will
6not prohibit hairstyles historically associated with race,
7ethnicity, or hair texture, including, but not limited to,
8protective hairstyles such as braids, locks, and twists, and
9(ii) with applicable fire and health safety requirements.
10    (c) Recognition. All non-public elementary and secondary
11schools in the State of Illinois may voluntarily seek the
12status of "Non-public School Recognition" from the State Board
13of Education. This status may be obtained by compliance with
14administrative guidelines and review procedures as prescribed
15by the State Board of Education. The guidelines and procedures
16must recognize that some of the aims and the financial bases of
17non-public schools are different from public schools and will
18not be identical to those for public schools, nor will they be
19more burdensome. The guidelines and procedures must also
20recognize the diversity of non-public schools and shall not
21impinge upon the noneducational relationships between those
22schools and their clientele. At any time the State Board of
23Education moves to remove a non-public school's recognition
24status due to a perceived emergency situation being present at
25the non-public school, the State Board of Education shall file
26a notice of emergency rulemaking pursuant to Section 5-45 of

 

 

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1the Illinois Administrative Procedure Act to adopt emergency
2rules that specifically detail the perceived emergency
3situation and its impact on students and school personnel.
4    (c-5) Prohibition against recognition. A non-public
5elementary or secondary school may not obtain "Non-public
6School Recognition" status unless the school requires all
7certified and non-certified applicants for employment with the
8school, after July 1, 2007, to authorize a fingerprint-based
9criminal history records check as a condition of employment to
10determine if such applicants have been convicted of any of the
11enumerated criminal or drug offenses set forth in Section
1221B-80 of this Code or have been convicted, within 7 years of
13the application for employment, of any other felony under the
14laws of this State or of any offense committed or attempted in
15any other state or against the laws of the United States that,
16if committed or attempted in this State, would have been
17punishable as a felony under the laws of this State.
18    Authorization for the check shall be furnished by the
19applicant to the school, except that if the applicant is a
20substitute teacher seeking employment in more than one
21non-public school, a teacher seeking concurrent part-time
22employment positions with more than one non-public school (as
23a reading specialist, special education teacher, or
24otherwise), or an educational support personnel employee
25seeking employment positions with more than one non-public
26school, then only one of the non-public schools employing the

 

 

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1individual shall request the authorization. Upon receipt of
2this authorization, the non-public school shall submit the
3applicant's name, sex, race, date of birth, social security
4number, fingerprint images, and other identifiers, as
5prescribed by the Illinois State Police, to the Illinois State
6Police.
7    The Illinois State Police and Federal Bureau of
8Investigation shall furnish, pursuant to a fingerprint-based
9criminal history records check, records of convictions,
10forever and hereafter, until expunged, to the president or
11principal of the non-public school that requested the check.
12The Illinois State Police shall charge that school a fee for
13conducting such check, which fee must be deposited into the
14State Police Services Fund and must not exceed the cost of the
15inquiry. Subject to appropriations for these purposes, the
16State Superintendent of Education shall reimburse non-public
17schools for fees paid to obtain criminal history records
18checks under this Section.
19    A non-public school may not obtain recognition status
20unless the school also performs a check of the Statewide Sex
21Offender Database, as authorized by the Sex Offender Community
22Notification Law, for each applicant for employment, after
23July 1, 2007, to determine whether the applicant has been
24adjudicated a sex offender.
25    Any information concerning the record of convictions
26obtained by a non-public school's president or principal under

 

 

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1this Section is confidential and may be disseminated only to
2the governing body of the non-public school or any other
3person necessary to the decision of hiring the applicant for
4employment. A copy of the record of convictions obtained from
5the Illinois State Police shall be provided to the applicant
6for employment. Upon a check of the Statewide Sex Offender
7Database, the non-public school shall notify the applicant as
8to whether or not the applicant has been identified in the Sex
9Offender Database as a sex offender. Any information
10concerning the records of conviction obtained by the
11non-public school's president or principal under this Section
12for a substitute teacher seeking employment in more than one
13non-public school, a teacher seeking concurrent part-time
14employment positions with more than one non-public school (as
15a reading specialist, special education teacher, or
16otherwise), or an educational support personnel employee
17seeking employment positions with more than one non-public
18school may be shared with another non-public school's
19principal or president to which the applicant seeks
20employment. Any unauthorized release of confidential
21information may be a violation of Section 7 of the Criminal
22Identification Act.
23    No non-public school may obtain recognition status that
24knowingly employs a person, hired after July 1, 2007, for whom
25an Illinois State Police and Federal Bureau of Investigation
26fingerprint-based criminal history records check and a

 

 

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1Statewide Sex Offender Database check has not been initiated
2or who has been convicted of any offense enumerated in Section
321B-80 of this Code or any offense committed or attempted in
4any other state or against the laws of the United States that,
5if committed or attempted in this State, would have been
6punishable as one or more of those offenses. No non-public
7school may obtain recognition status under this Section that
8knowingly employs a person who has been found to be the
9perpetrator of sexual or physical abuse of a minor under 18
10years of age pursuant to proceedings under Article II of the
11Juvenile Court Act of 1987.
12    In order to obtain recognition status under this Section,
13a non-public school must require compliance with the
14provisions of this subsection (c-5) from all employees of
15persons or firms holding contracts with the school, including,
16but not limited to, food service workers, school bus drivers,
17and other transportation employees, who have direct, daily
18contact with pupils. Any information concerning the records of
19conviction or identification as a sex offender of any such
20employee obtained by the non-public school principal or
21president must be promptly reported to the school's governing
22body.
23    Prior to the commencement of any student teaching
24experience or required internship (which is referred to as
25student teaching in this Section) in any non-public elementary
26or secondary school that has obtained or seeks to obtain

 

 

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1recognition status under this Section, a student teacher is
2required to authorize a fingerprint-based criminal history
3records check. Authorization for and payment of the costs of
4the check must be furnished by the student teacher to the chief
5administrative officer of the non-public school where the
6student teaching is to be completed. Upon receipt of this
7authorization and payment, the chief administrative officer of
8the non-public school shall submit the student teacher's name,
9sex, race, date of birth, social security number, fingerprint
10images, and other identifiers, as prescribed by the Illinois
11State Police, to the Illinois State Police. The Illinois State
12Police and the Federal Bureau of Investigation shall furnish,
13pursuant to a fingerprint-based criminal history records
14check, records of convictions, forever and hereinafter, until
15expunged, to the chief administrative officer of the
16non-public school that requested the check. The Illinois State
17Police shall charge the school a fee for conducting the check,
18which fee must be passed on to the student teacher, must not
19exceed the cost of the inquiry, and must be deposited into the
20State Police Services Fund. The school shall further perform a
21check of the Statewide Sex Offender Database, as authorized by
22the Sex Offender Community Notification Law, and of the
23Statewide Murderer and Violent Offender Against Youth
24Database, as authorized by the Murderer and Violent Offender
25Against Youth Registration Act, for each student teacher. No
26school that has obtained or seeks to obtain recognition status

 

 

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1under this Section may knowingly allow a person to student
2teach for whom a criminal history records check, a Statewide
3Sex Offender Database check, and a Statewide Murderer and
4Violent Offender Against Youth Database check have not been
5completed and reviewed by the chief administrative officer of
6the non-public school.
7    A copy of the record of convictions obtained from the
8Illinois State Police must be provided to the student teacher.
9Any information concerning the record of convictions obtained
10by the chief administrative officer of the non-public school
11is confidential and may be transmitted only to the chief
12administrative officer of the non-public school or his or her
13designee, the State Superintendent of Education, the State
14Educator Preparation and Licensure Board, or, for
15clarification purposes, the Illinois State Police or the
16Statewide Sex Offender Database or Statewide Murderer and
17Violent Offender Against Youth Database. Any unauthorized
18release of confidential information may be a violation of
19Section 7 of the Criminal Identification Act.
20    No school that has obtained or seeks to obtain recognition
21status under this Section may knowingly allow a person to
22student teach who has been convicted of any offense that would
23subject him or her to license suspension or revocation
24pursuant to Section 21B-80 of this Code or who has been found
25to be the perpetrator of sexual or physical abuse of a minor
26under 18 years of age pursuant to proceedings under Article II

 

 

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1of the Juvenile Court Act of 1987.
2    Any school that has obtained or seeks to obtain
3recognition status under this Section may not prohibit
4hairstyles historically associated with race, ethnicity, or
5hair texture, including, but not limited to, protective
6hairstyles such as braids, locks, and twists.
7    (d) Public purposes. The provisions of this Section are in
8the public interest, for the public benefit, and serve secular
9public purposes.
10    (e) Definition. For purposes of this Section, a non-public
11school means any non-profit, non-home-based, and non-public
12elementary or secondary school that is in compliance with
13Title VI of the Civil Rights Act of 1964 and attendance at
14which satisfies the requirements of Section 26-1 of this Code.
15(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
16revised 10-4-21.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.