102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1684

 

Introduced 2/26/2021, by Sen. Scott M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9

    Amends the School Code. Adds regional offices of education to provisions that require schools and school districts to make available any information obtained pursuant to a criminal history records check or a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. Removes a provision that limits the information to checks performed within the last year and to checks performed under a specified provision. Effective immediately.


LRB102 16383 CMG 21772 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB1684LRB102 16383 CMG 21772 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
510-21.9 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
8of the Statewide Sex Offender Database and Statewide Murderer
9and Violent Offender Against Youth Database.
10    (a) Licensed and nonlicensed 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 disqualifying,
15enumerated criminal or drug offenses in subsection (c) of this
16Section or have been convicted, within 7 years of the
17application for employment with the school district, of any
18other felony under the laws of this State or of any offense
19committed or attempted in any other state or against the laws
20of the United States that, if committed or attempted in this
21State, would have been punishable as a felony under the laws of
22this State. Authorization for the check shall be furnished by
23the applicant to the school district, except that if the

 

 

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

 

 

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1forever and hereinafter, until expunged, to the president of
2the school board for the school district that requested the
3check, or to the regional superintendent who requested the
4check. The Department shall charge the school district or the
5appropriate regional superintendent a fee for conducting such
6check, which fee shall be deposited in the State Police
7Services Fund and shall not exceed the cost of the inquiry; and
8the applicant shall not be charged a fee for such check by the
9school district or by the regional superintendent, except that
10those applicants seeking employment as a substitute teacher
11with a school district may be charged a fee not to exceed the
12cost of the inquiry. Subject to appropriations for these
13purposes, the State Superintendent of Education shall
14reimburse school districts and regional superintendents for
15fees paid to obtain criminal history records checks under this
16Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender
19Database, as authorized by the Sex Offender Community
20Notification Law, for each applicant. The check of the
21Statewide Sex Offender Database must be conducted by the
22school district or regional superintendent once for every 5
23years that an applicant remains employed by the school
24district.
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. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the
5school district or regional superintendent once for every 5
6years that an applicant remains employed by the school
7district.
8    (b) Any information concerning the record of convictions
9obtained by the president of the school board or the regional
10superintendent shall be confidential and may only be
11transmitted to the superintendent of the school district or
12his designee, the appropriate regional superintendent if the
13check was requested by the school district, the presidents of
14the appropriate school boards if the check was requested from
15the Department of State Police by the regional superintendent,
16the State Board of Education and a school district as
17authorized under subsection (b-5), the State Superintendent of
18Education, the State Educator Preparation and Licensure Board,
19any other person necessary to the decision of hiring the
20applicant for employment, or for clarification purposes the
21Department of State Police or Statewide Sex Offender Database,
22or both. A copy of the record of convictions obtained from the
23Department of State Police shall be provided to the applicant
24for employment. Upon the check of the Statewide Sex Offender
25Database or Statewide Murderer and Violent Offender Against
26Youth Database, the school district or regional superintendent

 

 

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

 

 

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

 

 

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1receives information on an applicant under this subsection,
2then it must indicate in the Educator Licensure Information
3System for a 90-day period that the applicant has been issued
4or has not been issued a certificate.
5    (c) No school board shall knowingly employ a person who
6has been convicted of any offense that would subject him or her
7to license suspension or revocation pursuant to Section 21B-80
8of this Code, except as provided under subsection (b) of
9Section 21B-80. Further, no school board shall knowingly
10employ a person who has been found to be the perpetrator of
11sexual or physical abuse of any minor under 18 years of age
12pursuant to proceedings under Article II of the Juvenile Court
13Act of 1987. As a condition of employment, each school board
14must consider the status of a person who has been issued an
15indicated finding of abuse or neglect of a child by the
16Department of Children and Family Services under the Abused
17and Neglected Child Reporting Act or by a child welfare agency
18of another jurisdiction.
19    (d) No school board shall knowingly employ a person for
20whom a criminal history records check and a Statewide Sex
21Offender Database check have not been initiated.
22    (e) Within 10 days after a superintendent, regional office
23of education, or entity that provides background checks of
24license holders to public schools receives information of a
25pending criminal charge against a license holder for an
26offense set forth in Section 21B-80 of this Code, the

 

 

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1superintendent, regional office of education, or entity must
2notify the State Superintendent of Education of the pending
3criminal charge.
4    If permissible by federal or State law, no later than 15
5business days after receipt of a record of conviction or of
6checking the Statewide Murderer and Violent Offender Against
7Youth Database or the Statewide Sex Offender Database and
8finding a registration, the superintendent of the employing
9school board or the applicable regional superintendent shall,
10in writing, notify the State Superintendent of Education of
11any license holder who has been convicted of a crime set forth
12in Section 21B-80 of this Code. Upon receipt of the record of a
13conviction of or a finding of child abuse by a holder of any
14license issued pursuant to Article 21B or Section 34-8.1 or
1534-83 of the School Code, the State Superintendent of
16Education may initiate licensure suspension and revocation
17proceedings as authorized by law. If the receipt of the record
18of conviction or finding of child abuse is received within 6
19months after the initial grant of or renewal of a license, the
20State Superintendent of Education may rescind the license
21holder's license.
22    (e-5) The superintendent of the employing school board
23shall, in writing, notify the State Superintendent of
24Education and the applicable regional superintendent of
25schools of any license holder whom he or she has reasonable
26cause to believe has committed an intentional act of abuse or

 

 

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1neglect with the result of making a child an abused child or a
2neglected child, as defined in Section 3 of the Abused and
3Neglected Child Reporting Act, and that act resulted in the
4license holder's dismissal or resignation from the school
5district. This notification must be submitted within 30 days
6after the dismissal or resignation. The license holder must
7also be contemporaneously sent a copy of the notice by the
8superintendent. All correspondence, documentation, and other
9information so received by the regional superintendent of
10schools, the State Superintendent of Education, the State
11Board of Education, or the State Educator Preparation and
12Licensure Board under this subsection (e-5) is confidential
13and must not be disclosed to third parties, except (i) as
14necessary for the State Superintendent of Education or his or
15her designee to investigate and prosecute pursuant to Article
1621B of this Code, (ii) pursuant to a court order, (iii) for
17disclosure to the license holder or his or her representative,
18or (iv) as otherwise provided in this Article and provided
19that any such information admitted into evidence in a hearing
20is exempt from this confidentiality and non-disclosure
21requirement. Except for an act of willful or wanton
22misconduct, any superintendent who provides notification as
23required in this subsection (e-5) shall have immunity from any
24liability, whether civil or criminal or that otherwise might
25result by reason of such action.
26    (f) After January 1, 1990 the provisions of this Section

 

 

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1shall apply to all employees of persons or firms holding
2contracts with any school district including, but not limited
3to, food service workers, school bus drivers and other
4transportation employees, who have direct, daily contact with
5the pupils of any school in such district. For purposes of
6criminal history records checks and checks of the Statewide
7Sex Offender Database on employees of persons or firms holding
8contracts with more than one school district and assigned to
9more than one school district, the regional superintendent of
10the educational service region in which the contracting school
11districts are located may, at the request of any such school
12district, be responsible for receiving the authorization for a
13criminal history records check prepared by each such employee
14and submitting the same to the Department of State Police and
15for conducting a check of the Statewide Sex Offender Database
16for each employee. Any information concerning the record of
17conviction and identification as a sex offender of any such
18employee obtained by the regional superintendent shall be
19promptly reported to the president of the appropriate school
20board or school boards.
21    (f-5) Upon request of a school, or school district, or
22regional office of education, any information obtained by a
23school district or regional office of education pursuant to
24subsection (f) of this Section within the last year must be
25made available to the requesting school, or school district,
26or regional office of education.

 

 

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

 

 

SB1684- 12 -LRB102 16383 CMG 21772 b

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

 

 

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1under Article II of the Juvenile Court Act of 1987. Each school
2board must consider the status of a person to student teach who
3has been issued an indicated finding of abuse or neglect of a
4child by the Department of Children and Family Services under
5the Abused and Neglected Child Reporting Act or by a child
6welfare agency of another jurisdiction.
7    (h) (Blank).
8(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
9101-643, eff. 6-18-20.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.