Judiciary II - Criminal Law Committee
Filed: 02/20/04
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1 | AMENDMENT TO HOUSE BILL 3977
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2 | AMENDMENT NO. ______. Amend House Bill 3977 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of State Police Law of the
Civil | ||||||
5 | Administrative Code of Illinois is amended by changing
Section | ||||||
6 | 2605-325 as follows:
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7 | (20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
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8 | Sec. 2605-325. Conviction information for school board or | ||||||
9 | regional
superintendent. On request of a school board or | ||||||
10 | regional
superintendent of schools,
to conduct a | ||||||
11 | fingerprint-based criminal history records check
an inquiry
| ||||||
12 | pursuant to Section 10-21.9 or
34-18.5 of the School
Code to | ||||||
13 | ascertain whether an applicant for employment in a school
| ||||||
14 | district has
been convicted of any criminal
or drug offenses | ||||||
15 | enumerated in Section
10-21.9 or 34-18.5 of the School Code . | ||||||
16 | The Department shall furnish the
conviction information to the | ||||||
17 | president of the school board of the school
district that has | ||||||
18 | requested the information or, if the
information was
requested | ||||||
19 | by the regional superintendent, to that regional | ||||||
20 | superintendent.
| ||||||
21 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
22 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
23 | eff. 8-14-98;
91-239, eff. 1-1-00.)
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1 | Section 10. The School Code is amended by changing Sections | ||||||
2 | 2-3.51.5, 10-21.9, 27A-5, and 34-18.5 as follows:
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3 | (105 ILCS 5/2-3.51.5)
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4 | Sec. 2-3.51.5. School Safety and Educational Improvement | ||||||
5 | Block Grant
Program. To improve the level of education and | ||||||
6 | safety of students from
kindergarten through grade 12 in school | ||||||
7 | districts. The State Board of
Education is authorized to fund a | ||||||
8 | School Safety and Educational Improvement
Block Grant Program.
| ||||||
9 | (1) The program shall provide funding for school safety, | ||||||
10 | textbooks and
software, teacher training and curriculum | ||||||
11 | development, school improvements, remediation programs under | ||||||
12 | subsection (a) of Section 2-3.64, school
report cards under | ||||||
13 | Section 10-17a, and criminal history records checks
background
| ||||||
14 | investigations
under Sections 10-21.9 and 34-18.5. A school | ||||||
15 | district
or laboratory school as defined in Section 18-8 or | ||||||
16 | 18-8.05 is not required
to file an application in order to | ||||||
17 | receive the categorical funding to which it
is entitled under | ||||||
18 | this Section. Funds for the School Safety and Educational
| ||||||
19 | Improvement Block Grant Program shall be distributed to school | ||||||
20 | districts and
laboratory schools based on the prior year's best | ||||||
21 | 3 months average daily
attendance. The State Board of Education | ||||||
22 | shall promulgate rules and
regulations necessary for the | ||||||
23 | implementation of this program.
| ||||||
24 | (2) Distribution of moneys to school districts shall be | ||||||
25 | made in 2
semi-annual installments, one payment on or before | ||||||
26 | October 30, and one
payment prior to April 30, of each fiscal | ||||||
27 | year.
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28 | (3) Grants under the School Safety and Educational | ||||||
29 | Improvement Block Grant
Program shall be awarded provided there | ||||||
30 | is an appropriation for the program,
and funding levels for | ||||||
31 | each district shall be prorated according to the amount
of the | ||||||
32 | appropriation.
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33 | (Source: P.A. 90-548, eff. 1-1-98; 91-711, eff. 7-1-00.)
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1 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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2 | Sec. 10-21.9. Criminal history records checks
background
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3 | investigations .
| ||||||
4 | (a) Certified
After August
1, 1985, certified and | ||||||
5 | noncertified applicants for employment with a school
district, | ||||||
6 | except school bus driver applicants, are required as a | ||||||
7 | condition
of employment to authorize a fingerprint-based | ||||||
8 | criminal history records check
an
investigation to determine if | ||||||
9 | such applicants have been convicted of any of
the enumerated | ||||||
10 | criminal or drug offenses in subsection (c) of this Section or
| ||||||
11 | have been convicted, within 7 years of the application for | ||||||
12 | employment with
the
school district, of any other felony under | ||||||
13 | the laws of this State or of any
offense committed or attempted | ||||||
14 | in any other state or against the laws of
the United States | ||||||
15 | that, if committed or attempted in this State, would
have been | ||||||
16 | punishable as a felony under the laws of this State.
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17 | Authorization for the check
investigation shall be furnished by | ||||||
18 | the applicant to
the school district, except that if the | ||||||
19 | applicant is a substitute teacher
seeking employment in more | ||||||
20 | than one school district, a teacher seeking
concurrent | ||||||
21 | part-time employment positions with more than one school
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22 | district (as a reading specialist, special education teacher or | ||||||
23 | otherwise),
or an educational support personnel employee | ||||||
24 | seeking employment positions
with more than one district, any | ||||||
25 | such district may require the applicant to
furnish | ||||||
26 | authorization for the check
investigation to the regional | ||||||
27 | superintendent
of the educational service region in which are | ||||||
28 | located the school districts
in which the applicant is seeking | ||||||
29 | employment as a substitute or concurrent
part-time teacher or | ||||||
30 | concurrent educational support personnel employee.
Upon | ||||||
31 | receipt of this authorization, the school district or the | ||||||
32 | appropriate
regional superintendent, as the case may be, shall | ||||||
33 | submit the applicant's
name, sex, race, date of birth ,
and
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1 | social security number , fingerprint images, and other | ||||||
2 | identifiers, as prescribed by
to the Department
of State | ||||||
3 | Police , to
on forms prescribed by the Department. The regional
| ||||||
4 | superintendent submitting the requisite information to the | ||||||
5 | Department of
State Police shall promptly notify the school | ||||||
6 | districts in which the
applicant is seeking employment as a | ||||||
7 | substitute or concurrent part-time
teacher or concurrent | ||||||
8 | educational support personnel employee that the
check
| ||||||
9 | investigation of the applicant has been requested. The | ||||||
10 | Department of State Police and the Federal Bureau of | ||||||
11 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
12 | criminal history records check, records of convictions, until | ||||||
13 | expunged, to the president of the school board for the school | ||||||
14 | district that requested the check, or to the regional | ||||||
15 | superintendent who requested the check.
Department of State
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16 | Police shall conduct a search of the Illinois criminal history | ||||||
17 | records
database to ascertain if the applicant being
considered | ||||||
18 | for employment has been convicted of committing or attempting | ||||||
19 | to
commit any of the enumerated
criminal or drug offenses in | ||||||
20 | subsection (c) or has been convicted of
committing or | ||||||
21 | attempting to commit, within 7
years
of the application for | ||||||
22 | employment with the
school district, any other felony under the | ||||||
23 | laws of this State or of any
offense committed or attempted in | ||||||
24 | any other state or against the laws of
the United States that, | ||||||
25 | if committed or attempted in this State, would
have been | ||||||
26 | punishable as a felony under the laws of this State.
The
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27 | Department shall charge
the school district
or the appropriate | ||||||
28 | regional superintendent a fee for
conducting such check
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29 | investigation , which fee shall be deposited in the State
Police | ||||||
30 | Services Fund and shall not exceed the cost of
the inquiry; and | ||||||
31 | the
applicant shall not be charged a fee for such check
| ||||||
32 | investigation by the school
district or by the regional | ||||||
33 | superintendent. Subject to appropriations for these purposes, | ||||||
34 | the State Superintendent of Education shall reimburse school |
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1 | districts and regional superintendents for fees paid to obtain | ||||||
2 | criminal history records checks under this Section.
The | ||||||
3 | regional superintendent
may seek reimbursement from the State | ||||||
4 | Board of Education or the appropriate
school district or | ||||||
5 | districts for fees paid by the
regional superintendent to the | ||||||
6 | Department for the criminal background
investigations required | ||||||
7 | by this Section.
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8 | (b)
If the search of the Illinois criminal history records | ||||||
9 | database
indicates that the applicant has been convicted of | ||||||
10 | committing or attempting to
commit any of the enumerated | ||||||
11 | criminal or drug offenses in subsection (c) or
has been | ||||||
12 | convicted of committing or attempting to commit, within 7 years
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13 | before the
application for employment with the school district, | ||||||
14 | any other felony under the
laws of this State,
the Department | ||||||
15 | and the Federal Bureau of Investigation shall furnish,
pursuant | ||||||
16 | to a fingerprint based background check,
records of | ||||||
17 | convictions, until expunged, to the president of the school | ||||||
18 | board
for the school district which requested the | ||||||
19 | investigation, or to the
regional superintendent who requested | ||||||
20 | the investigation. Any information
concerning the record of | ||||||
21 | convictions obtained by the president of the
school board or | ||||||
22 | the regional superintendent shall be confidential and may
only | ||||||
23 | be transmitted to the superintendent of the school district or | ||||||
24 | his
designee, the appropriate regional superintendent if the | ||||||
25 | check
investigation was
requested by the school district, the | ||||||
26 | presidents of the appropriate school
boards if the check
| ||||||
27 | investigation was requested from the Department of State
Police | ||||||
28 | by the regional superintendent, the State Superintendent of
| ||||||
29 | Education, the State Teacher Certification Board or any other | ||||||
30 | person
necessary to the decision of hiring the applicant for | ||||||
31 | employment. A copy
of the record of convictions obtained from | ||||||
32 | the Department of State Police
shall be provided to the | ||||||
33 | applicant for employment. If a check
an investigation of
an | ||||||
34 | applicant for employment as a substitute or concurrent |
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1 | part-time teacher
or concurrent educational support personnel | ||||||
2 | employee in more than one
school district was requested by the | ||||||
3 | regional superintendent, and the
Department of State Police | ||||||
4 | upon a check
investigation ascertains that the applicant
has | ||||||
5 | not been convicted of any of the enumerated criminal or drug | ||||||
6 | offenses
in subsection (c) or has not been convicted, within 7 | ||||||
7 | years of the
application for
employment with the
school | ||||||
8 | district, of any other felony under the laws of this State or | ||||||
9 | of any
offense committed or attempted in any other state or | ||||||
10 | against the laws of
the United States that, if committed or | ||||||
11 | attempted in this State, would
have been punishable as a felony | ||||||
12 | under the laws of this State
and so notifies the regional
| ||||||
13 | superintendent, then the
regional superintendent shall issue | ||||||
14 | to the applicant a certificate
evidencing that as of the date | ||||||
15 | specified by the Department of State Police
the applicant has | ||||||
16 | not been convicted of any of the enumerated criminal or
drug | ||||||
17 | offenses in subsection (c) or has not been
convicted, within 7 | ||||||
18 | years of the application for employment with the
school | ||||||
19 | district, of any other felony under the laws of this State or | ||||||
20 | of any
offense committed or attempted in any other state or | ||||||
21 | against the laws of
the United States that, if committed or | ||||||
22 | attempted in this State, would
have been punishable as a felony | ||||||
23 | under the laws of this State. The school
board of
any
school | ||||||
24 | district
located in the educational service region served by | ||||||
25 | the regional
superintendent who issues such a certificate to an | ||||||
26 | applicant for employment
as a substitute teacher in more than | ||||||
27 | one such district may rely on the
certificate issued by the | ||||||
28 | regional superintendent to that applicant, or may
initiate its | ||||||
29 | own criminal history records check
investigation of the | ||||||
30 | applicant through the Department of
State Police as provided in | ||||||
31 | subsection (a). Any person who releases any
confidential | ||||||
32 | information concerning any criminal convictions of an
| ||||||
33 | applicant for employment shall be guilty of a Class A | ||||||
34 | misdemeanor, unless
the release of such information is |
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1 | authorized by this Section.
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2 | (c) No school board shall knowingly employ a person who has | ||||||
3 | been
convicted for committing attempted first degree murder or | ||||||
4 | for committing or
attempting to commit first degree murder or a | ||||||
5 | Class X felony or any one or
more of the
following offenses: | ||||||
6 | (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
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7 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | ||||||
8 | 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | ||||||
9 | "Criminal Code of 1961"; (ii)
those defined in the "Cannabis | ||||||
10 | Control Act" except those defined in Sections
4(a), 4(b) and | ||||||
11 | 5(a) of that Act; (iii) those defined in the "Illinois
| ||||||
12 | Controlled Substances Act"; and (iv) any
offense committed or | ||||||
13 | attempted in
any other state or against the laws of the United | ||||||
14 | States, which if
committed or attempted in this State, would | ||||||
15 | have been punishable as one or
more of the foregoing offenses.
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16 | Further, no school board shall knowingly employ a person who | ||||||
17 | has been found
to be the perpetrator of sexual or physical | ||||||
18 | abuse of any minor under 18 years
of age pursuant to | ||||||
19 | proceedings under Article II of the Juvenile Court Act of
1987.
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20 | (d) No school board shall knowingly employ a person for | ||||||
21 | whom a criminal
history records check
background
investigation
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22 | has not been initiated.
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23 | (e) Upon receipt of the record of a conviction of or a | ||||||
24 | finding of child
abuse by a holder of any
certificate issued | ||||||
25 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
26 | Code, the appropriate regional superintendent of schools or the
| ||||||
27 | State Superintendent of Education shall initiate the | ||||||
28 | certificate suspension
and revocation proceedings authorized | ||||||
29 | by law.
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30 | (f) After January 1, 1990 the provisions of this Section | ||||||
31 | shall apply
to all employees of persons or firms holding | ||||||
32 | contracts with any school
district including, but not limited | ||||||
33 | to, food service workers, school bus
drivers and other | ||||||
34 | transportation employees, who have direct, daily contact
with |
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| |||||||
1 | the pupils of any school in such district. For purposes of | ||||||
2 | criminal
history records checks
background
investigations on | ||||||
3 | employees of persons or firms holding
contracts with more than | ||||||
4 | one school district and assigned to more than one
school | ||||||
5 | district, the regional superintendent of the educational | ||||||
6 | service
region in which the contracting school districts are | ||||||
7 | located may, at the
request of any such school district, be | ||||||
8 | responsible for receiving the
authorization for a check
| ||||||
9 | investigation prepared by each such employee and
submitting the | ||||||
10 | same to the Department of State Police. Any information
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11 | concerning the record of conviction of any such employee | ||||||
12 | obtained by the
regional superintendent shall be promptly | ||||||
13 | reported to the president of the
appropriate school board or | ||||||
14 | school boards.
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15 | (Source: P.A. 93-418, eff. 1-1-04.)
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16 | (105 ILCS 5/27A-5)
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17 | Sec. 27A-5. Charter school; legal entity; requirements.
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18 | (a) A charter school shall be a public, nonsectarian, | ||||||
19 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
20 | school shall be organized and operated
as a nonprofit | ||||||
21 | corporation or other discrete, legal, nonprofit entity
| ||||||
22 | authorized under the laws of the State of Illinois.
| ||||||
23 | (b) A charter school may be established under this Article | ||||||
24 | by creating a new
school or by converting an existing public | ||||||
25 | school or attendance center to
charter
school status.
| ||||||
26 | Beginning on the effective date of this amendatory Act of the | ||||||
27 | 93rd General
Assembly, in all new
applications submitted to the | ||||||
28 | State Board or a local school board to establish
a charter
| ||||||
29 | school in a city having a population exceeding 500,000, | ||||||
30 | operation of the
charter
school shall be limited to one campus. | ||||||
31 | The changes made to this Section by this
amendatory Act
of the | ||||||
32 | 93rd General
Assembly do not apply to charter schools existing | ||||||
33 | or approved on or before the
effective date of this
amendatory |
| |||||||
| |||||||
1 | Act.
| ||||||
2 | (c) A charter school shall be administered and governed by | ||||||
3 | its board of
directors or other governing body
in the manner | ||||||
4 | provided in its charter. The governing body of a charter school
| ||||||
5 | shall be subject to the Freedom of Information Act and the Open | ||||||
6 | Meetings Act.
| ||||||
7 | (d) A charter school shall comply with all applicable | ||||||
8 | health and safety
requirements applicable to public schools | ||||||
9 | under the laws of the State of
Illinois.
| ||||||
10 | (e) Except as otherwise provided in the School Code, a | ||||||
11 | charter school shall
not charge tuition; provided that a | ||||||
12 | charter school may charge reasonable fees
for textbooks, | ||||||
13 | instructional materials, and student activities.
| ||||||
14 | (f) A charter school shall be responsible for the | ||||||
15 | management and operation
of its fiscal affairs including,
but | ||||||
16 | not limited to, the preparation of its budget. An audit of each | ||||||
17 | charter
school's finances shall be conducted annually by an | ||||||
18 | outside, independent
contractor retained by the charter | ||||||
19 | school.
| ||||||
20 | (g) A charter school shall comply with all provisions of | ||||||
21 | this Article and
its charter. A charter
school is exempt from | ||||||
22 | all other State laws and regulations in the School Code
| ||||||
23 | governing public
schools and local school board policies, | ||||||
24 | except the following:
| ||||||
25 | (1) Sections 10-21.9 and 34-18.5 of the School Code | ||||||
26 | regarding criminal
history records checks
background
| ||||||
27 | investigations of applicants for employment;
| ||||||
28 | (2) Sections 24-24 and 34-84A of the School Code | ||||||
29 | regarding discipline of
students;
| ||||||
30 | (3) The Local Governmental and Governmental Employees | ||||||
31 | Tort Immunity Act;
| ||||||
32 | (4) Section 108.75 of the General Not For Profit | ||||||
33 | Corporation Act of 1986
regarding indemnification of | ||||||
34 | officers, directors, employees, and agents;
|
| |||||||
| |||||||
1 | (5) The Abused and Neglected Child Reporting Act;
| ||||||
2 | (6) The Illinois School Student Records Act; and
| ||||||
3 | (7) Section 10-17a of the School Code regarding school | ||||||
4 | report cards.
| ||||||
5 | (h) A charter school may negotiate and contract with a | ||||||
6 | school district, the
governing body of a State college or | ||||||
7 | university or public community college, or
any other public or | ||||||
8 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
9 | school building and grounds or any other real property or | ||||||
10 | facilities that
the charter school desires to use or convert | ||||||
11 | for use as a charter school site,
(ii) the operation and | ||||||
12 | maintenance thereof, and
(iii) the provision of any service, | ||||||
13 | activity, or undertaking that the charter
school is required to | ||||||
14 | perform in order to carry out the terms of its charter.
| ||||||
15 | However, a charter school
that is established on
or
after the | ||||||
16 | effective date of this amendatory Act of the 93rd General
| ||||||
17 | Assembly and that operates
in a city having a population | ||||||
18 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
19 | manage or operate the school during the period that commences | ||||||
20 | on the
effective date of this amendatory Act of the 93rd | ||||||
21 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
22 | school year.
Except as provided in subsection (i) of this | ||||||
23 | Section, a school district may
charge a charter school | ||||||
24 | reasonable rent for the use of the district's
buildings, | ||||||
25 | grounds, and facilities. Any services for which a charter | ||||||
26 | school
contracts
with a school district shall be provided by | ||||||
27 | the district at cost. Any services
for which a charter school | ||||||
28 | contracts with a local school board or with the
governing body | ||||||
29 | of a State college or university or public community college
| ||||||
30 | shall be provided by the public entity at cost.
| ||||||
31 | (i) In no event shall a charter school that is established | ||||||
32 | by converting an
existing school or attendance center to | ||||||
33 | charter school status be required to
pay rent for space
that is | ||||||
34 | deemed available, as negotiated and provided in the charter |
| |||||||
| |||||||
1 | agreement,
in school district
facilities. However, all other | ||||||
2 | costs for the operation and maintenance of
school district | ||||||
3 | facilities that are used by the charter school shall be subject
| ||||||
4 | to negotiation between
the charter school and the local school | ||||||
5 | board and shall be set forth in the
charter.
| ||||||
6 | (j) A charter school may limit student enrollment by age or | ||||||
7 | grade level.
| ||||||
8 | (Source: P.A. 93-3, eff. 4-16-03.)
| ||||||
9 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| ||||||
10 | Sec. 34-18.5. Criminal history records checks
background
| ||||||
11 | investigations .
| ||||||
12 | (a) Certified
After August 1, 1985, certified and | ||||||
13 | noncertified applicants for
employment with the school | ||||||
14 | district are required as a condition of
employment to authorize | ||||||
15 | a fingerprint-based criminal history records check
an | ||||||
16 | investigation to determine if such applicants
have been | ||||||
17 | convicted of any of the enumerated criminal or drug offenses in
| ||||||
18 | subsection (c) of this Section or have been
convicted, within 7 | ||||||
19 | years of the application for employment with the
school | ||||||
20 | district, of any other felony under the laws of this State or | ||||||
21 | of any
offense committed or attempted in any other state or | ||||||
22 | against the laws of
the United States that, if committed or | ||||||
23 | attempted in this State, would
have been punishable as a felony | ||||||
24 | under the laws of this State. Authorization
for the
check
| ||||||
25 | investigation shall
be furnished by the applicant to the school | ||||||
26 | district, except that if the
applicant is a substitute teacher | ||||||
27 | seeking employment in more than one
school district, or a | ||||||
28 | teacher seeking concurrent part-time employment
positions with | ||||||
29 | more than one school district (as a reading specialist,
special | ||||||
30 | education teacher or otherwise), or an educational support
| ||||||
31 | personnel employee seeking employment positions with more than | ||||||
32 | one
district, any such district may require the applicant to | ||||||
33 | furnish
authorization for the check
investigation to the |
| |||||||
| |||||||
1 | regional superintendent of the
educational service region in | ||||||
2 | which are located the school districts in
which the applicant | ||||||
3 | is seeking employment as a substitute or concurrent
part-time | ||||||
4 | teacher or concurrent educational support personnel employee.
| ||||||
5 | Upon receipt of this authorization, the school district or the | ||||||
6 | appropriate
regional superintendent, as the case may be, shall | ||||||
7 | submit the applicant's
name, sex, race, date of birth ,
and
| ||||||
8 | social security number , fingerprint images, and other | ||||||
9 | identifiers, as prescribed by
to the Department
of State | ||||||
10 | Police , to
on forms prescribed by the Department. The regional
| ||||||
11 | superintendent submitting the requisite information to the | ||||||
12 | Department of
State Police shall promptly notify the school | ||||||
13 | districts in which the
applicant is seeking employment as a | ||||||
14 | substitute or concurrent part-time
teacher or concurrent | ||||||
15 | educational support personnel employee that the
check
| ||||||
16 | investigation of the applicant has been requested. The | ||||||
17 | Department of State
Police and the Federal Bureau of | ||||||
18 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
19 | criminal history records check, records of convictions, until | ||||||
20 | expunged, to the president of the school board for the school | ||||||
21 | district that requested the check, or to the regional | ||||||
22 | superintendent who requested the check.
shall conduct a search | ||||||
23 | of the Illinois Criminal history record
information database to | ||||||
24 | ascertain if the applicant being
considered for employment has | ||||||
25 | been convicted of committing or attempting to
commit any of the | ||||||
26 | enumerated
criminal or drug offenses in subsection (c) or
has | ||||||
27 | been convicted of committing or attempting to commit, within 7 | ||||||
28 | years of
the application for employment with
the
school | ||||||
29 | district, any other felony under the laws of this State. The
| ||||||
30 | Department shall charge
the school district
or the appropriate | ||||||
31 | regional superintendent a fee for
conducting such check
| ||||||
32 | investigation , which fee shall be deposited in the State
Police | ||||||
33 | Services Fund and shall not exceed the cost of the inquiry; and | ||||||
34 | the
applicant shall not be charged a fee for such check
|
| |||||||
| |||||||
1 | investigation by the school
district or by the regional | ||||||
2 | superintendent. Subject to appropriations for these purposes, | ||||||
3 | the State Superintendent of Education shall reimburse the | ||||||
4 | school district and regional superintendent for fees paid to | ||||||
5 | obtain criminal history records checks under this Section.
The | ||||||
6 | regional superintendent
may seek reimbursement from the State | ||||||
7 | Board of Education or the appropriate
school district or | ||||||
8 | districts for fees paid by the
regional superintendent to the | ||||||
9 | Department for the criminal background
investigations required | ||||||
10 | by this Section.
| ||||||
11 | (b) If the search of the Illinois criminal history records | ||||||
12 | database
indicates that the applicant has been convicted of | ||||||
13 | committing or attempting to
commit any of the enumerated | ||||||
14 | criminal or drug offenses in subsection (c) or
has been | ||||||
15 | convicted of committing or attempting to commit, within 7 years | ||||||
16 | of the
application for employment with the school district, any | ||||||
17 | other felony under the
laws of this State,
the Department and | ||||||
18 | the Federal Bureau of Investigation shall furnish,
pursuant to | ||||||
19 | a fingerprint based background check,
records of convictions, | ||||||
20 | until expunged, to the president of the board of
education for | ||||||
21 | the school district which requested the investigation, or
to | ||||||
22 | the regional superintendent who requested the investigation.
| ||||||
23 | Any
information concerning the record of convictions obtained | ||||||
24 | by the president
of the board of education or the regional | ||||||
25 | superintendent shall be
confidential and may only be | ||||||
26 | transmitted to the general superintendent of
the school | ||||||
27 | district or his designee, the appropriate regional
| ||||||
28 | superintendent if the check
investigation was requested by the | ||||||
29 | board of education
for the school district, the presidents of | ||||||
30 | the appropriate board of
education or school boards if the | ||||||
31 | check
investigation was requested from the
Department of State | ||||||
32 | Police by the regional superintendent, the State
| ||||||
33 | Superintendent of Education, the State Teacher Certification | ||||||
34 | Board or any
other person necessary to the decision of hiring |
| |||||||
| |||||||
1 | the applicant for
employment. A copy of the record of | ||||||
2 | convictions obtained from the
Department of State Police shall | ||||||
3 | be provided to the applicant for
employment. If a check
an | ||||||
4 | investigation of an applicant for employment as a
substitute or | ||||||
5 | concurrent part-time teacher or concurrent educational
support | ||||||
6 | personnel employee in more than one school district was | ||||||
7 | requested
by the regional superintendent, and the Department of | ||||||
8 | State Police upon
a check
investigation ascertains that the | ||||||
9 | applicant has not been convicted of any
of the enumerated | ||||||
10 | criminal or drug offenses in subsection (c) or has not been
| ||||||
11 | convicted,
within 7 years of the application for employment | ||||||
12 | with the
school district, of any other felony under the laws of | ||||||
13 | this State or of any
offense committed or attempted in any | ||||||
14 | other state or against the laws of
the United States that, if | ||||||
15 | committed or attempted in this State, would
have been | ||||||
16 | punishable as a felony under the laws of this State and so
| ||||||
17 | notifies the regional superintendent, then the regional | ||||||
18 | superintendent
shall issue to the applicant a certificate | ||||||
19 | evidencing that as of the date
specified by the Department of | ||||||
20 | State Police the applicant has not been
convicted of any of the | ||||||
21 | enumerated criminal or drug offenses in subsection
(c) or has | ||||||
22 | not been
convicted, within 7 years of the application for | ||||||
23 | employment with the
school district, of any other felony under | ||||||
24 | the laws of this State or of any
offense committed or attempted | ||||||
25 | in any other state or against the laws of
the United States | ||||||
26 | that, if committed or attempted in this State, would
have been | ||||||
27 | punishable as a felony under the laws of this State. The school
| ||||||
28 | board of any school district located
in
the educational
service | ||||||
29 | region served by the regional superintendent who issues such a
| ||||||
30 | certificate to an applicant for employment as a substitute or | ||||||
31 | concurrent
part-time teacher or concurrent educational support | ||||||
32 | personnel employee in more
than one such district may rely on | ||||||
33 | the certificate issued by the regional
superintendent to that | ||||||
34 | applicant, or may initiate its own criminal history records |
| |||||||
| |||||||
1 | check
investigation of
the applicant through the Department of | ||||||
2 | State Police as provided in
subsection (a). Any person who | ||||||
3 | releases any confidential information
concerning any criminal | ||||||
4 | convictions of an applicant for employment shall be
guilty of a | ||||||
5 | Class A misdemeanor, unless the release of such information is
| ||||||
6 | authorized by this Section.
| ||||||
7 | (c) The board of education shall not knowingly employ a | ||||||
8 | person who has
been convicted for committing attempted first | ||||||
9 | degree murder or for
committing or attempting to commit first | ||||||
10 | degree murder or a Class X felony
or any one or more of the
| ||||||
11 | following offenses: (i) those defined in Sections 11-6, 11-9, | ||||||
12 | 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | ||||||
13 | 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | ||||||
14 | and 12-16 of the Criminal Code of
1961; (ii) those defined in | ||||||
15 | the Cannabis Control Act,
except those defined in Sections | ||||||
16 | 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | ||||||
17 | Illinois Controlled Substances Act;
and (iv) any
offense | ||||||
18 | committed or attempted in any other state or against the laws | ||||||
19 | of
the United States, which if committed or attempted in this | ||||||
20 | State, would
have been punishable as one or more of the | ||||||
21 | foregoing offenses.
Further, the board of education shall not | ||||||
22 | knowingly employ a person who has
been found to be the | ||||||
23 | perpetrator of sexual or physical abuse of any minor under
18 | ||||||
24 | years of age pursuant to proceedings under Article II of the | ||||||
25 | Juvenile Court
Act of 1987.
| ||||||
26 | (d) The board of education shall not knowingly employ a | ||||||
27 | person for whom
a criminal history records check
background
| ||||||
28 | investigation has not been initiated.
| ||||||
29 | (e) Upon receipt of the record of a conviction of or a | ||||||
30 | finding of child
abuse by a holder of any
certificate issued | ||||||
31 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
32 | Code, the board of education or the State Superintendent of
| ||||||
33 | Education shall initiate the certificate suspension and | ||||||
34 | revocation
proceedings authorized by law.
|
| |||||||
| |||||||
1 | (f) After March 19, 1990, the provisions of this Section | ||||||
2 | shall apply to
all employees of persons or firms holding | ||||||
3 | contracts with any school district
including, but not limited | ||||||
4 | to, food service workers, school bus drivers and
other | ||||||
5 | transportation employees, who have direct, daily contact with | ||||||
6 | the
pupils of any school in such district. For purposes of | ||||||
7 | criminal history records checks
background
investigations on | ||||||
8 | employees of persons or firms holding contracts with more
than | ||||||
9 | one school district and assigned to more than one school | ||||||
10 | district, the
regional superintendent of the educational | ||||||
11 | service region in which the
contracting school districts are | ||||||
12 | located may, at the request of any such
school district, be | ||||||
13 | responsible for receiving the authorization for
a check
| ||||||
14 | investigation prepared by each such employee and submitting the | ||||||
15 | same to the
Department of State Police. Any information | ||||||
16 | concerning the record of
conviction of any such employee | ||||||
17 | obtained by the regional superintendent
shall be promptly | ||||||
18 | reported to the president of the appropriate school board
or | ||||||
19 | school boards.
| ||||||
20 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
21 | Section 15. The Juvenile Court Act of 1987 is amended by | ||||||
22 | changing Section 2-21 as follows:
| ||||||
23 | (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
| ||||||
24 | Sec. 2-21. Findings and adjudication.
| ||||||
25 | (1) The court shall state for the record the manner in | ||||||
26 | which the parties
received service of process and shall note | ||||||
27 | whether the return or returns of
service, postal return receipt | ||||||
28 | or receipts for notice by certified mail,
or certificate or | ||||||
29 | certificates of publication have been filed in the court
| ||||||
30 | record. The court shall enter any appropriate orders of default | ||||||
31 | against any
parent who has been properly served in any manner | ||||||
32 | and fails to appear.
|
| |||||||
| |||||||
1 | No further service of process as defined in Sections 2-15 | ||||||
2 | and 2-16 is
required in any subsequent proceeding for a parent | ||||||
3 | who was properly served in
any manner, except as required by | ||||||
4 | Supreme Court Rule 11.
| ||||||
5 | The caseworker shall testify about the diligent search | ||||||
6 | conducted for the
parent.
| ||||||
7 | After hearing the evidence the court shall determine | ||||||
8 | whether or not the
minor is abused, neglected, or dependent. If | ||||||
9 | it finds that the minor is not
such a person, the court shall | ||||||
10 | order the petition dismissed and the minor
discharged. The | ||||||
11 | court's determination of whether the minor is abused,
| ||||||
12 | neglected, or dependent shall be stated in writing with the | ||||||
13 | factual basis
supporting that determination.
| ||||||
14 | If the court finds that the minor is abused, neglected, or | ||||||
15 | dependent, the
court shall then determine and put in writing | ||||||
16 | the factual basis supporting
that determination, and specify, | ||||||
17 | to the extent possible, the acts
or omissions or both of each | ||||||
18 | parent, guardian, or legal custodian that form the
basis
of the | ||||||
19 | court's findings. That finding shall appear in the order of the | ||||||
20 | court.
| ||||||
21 | If the court finds that the child has been abused, | ||||||
22 | neglected or dependent,
the court shall admonish the parents | ||||||
23 | that they must cooperate with the
Department of Children and | ||||||
24 | Family Services, comply with the terms of the
service plan, and | ||||||
25 | correct the conditions that require the child to be in care,
or | ||||||
26 | risk termination of parental rights.
| ||||||
27 | If the court determines that a person has inflicted | ||||||
28 | physical or sexual
abuse upon a minor, the court shall report | ||||||
29 | that determination to the Department
of State Police, which | ||||||
30 | shall include that information in its report to the
President | ||||||
31 | of the school board for a school district that requests a | ||||||
32 | criminal history records check
background
investigation of | ||||||
33 | that person , or the regional superintendent of schools who | ||||||
34 | requests a check of that person, as required under Section |
| |||||||
| |||||||
1 | 10-21.9 or
34-18.5 of the School Code.
| ||||||
2 | (2) If, pursuant to subsection (1) of this Section, the | ||||||
3 | court determines
and
puts in writing the factual basis | ||||||
4 | supporting
the determination that the minor is either abused or | ||||||
5 | neglected or dependent,
the court shall then set a time not | ||||||
6 | later than 30 days after the entry of the
finding for a | ||||||
7 | dispositional hearing (unless an earlier date is required
| ||||||
8 | pursuant to Section 2-13.1) to be conducted under Section 2-22 | ||||||
9 | at which
hearing the court shall determine whether it is | ||||||
10 | consistent with the
health, safety and best interests of the
| ||||||
11 | minor and the public that he be made a ward of the court. To | ||||||
12 | assist the court
in making this and other determinations at the | ||||||
13 | dispositional hearing, the court
may order that an | ||||||
14 | investigation be conducted and a dispositional report be
| ||||||
15 | prepared concerning the minor's physical and mental history and | ||||||
16 | condition,
family situation and background, economic status, | ||||||
17 | education, occupation,
history of delinquency or criminality, | ||||||
18 | personal habits, and any other
information that may be helpful | ||||||
19 | to the court. The dispositional hearing may be
continued once | ||||||
20 | for a period not to exceed 30 days if the court finds that such
| ||||||
21 | continuance is necessary to complete the dispositional report.
| ||||||
22 | (3) The time limits of this Section may be waived only by | ||||||
23 | consent of
all parties and approval by the court, as determined | ||||||
24 | to be consistent with the
health, safety and best interests of | ||||||
25 | the minor.
| ||||||
26 | (4) For all cases adjudicated prior to July 1, 1991, for | ||||||
27 | which no
dispositional hearing has been held prior to that | ||||||
28 | date, a dispositional
hearing under Section 2-22 shall be held | ||||||
29 | within 90 days of July 1, 1991.
| ||||||
30 | (5) The court may terminate the parental rights of a parent | ||||||
31 | at the initial
dispositional hearing if all of the following | ||||||
32 | conditions are met:
| ||||||
33 | (i) the original or amended petition contains a request | ||||||
34 | for
termination of parental rights and appointment of a |
| |||||||
| |||||||
1 | guardian with power to
consent to adoption; and
| ||||||
2 | (ii) the court has found by a preponderance of | ||||||
3 | evidence, introduced or
stipulated to at an adjudicatory | ||||||
4 | hearing, that the child comes under the
jurisdiction of the | ||||||
5 | court as an abused, neglected, or dependent minor under
| ||||||
6 | Section 2-18; and
| ||||||
7 | (iii) the court finds, on the basis of clear and | ||||||
8 | convincing evidence
admitted at the adjudicatory hearing | ||||||
9 | that the parent is an unfit person under
subdivision D of | ||||||
10 | Section 1 of the Adoption Act; and
| ||||||
11 | (iv) the court determines in accordance with the rules | ||||||
12 | of evidence for
dispositional proceedings, that:
| ||||||
13 | (A) it is in the best interest of the minor and | ||||||
14 | public that the child be
made a ward of the court;
| ||||||
15 | (A-5) reasonable efforts under subsection (l-1) of | ||||||
16 | Section 5 of the
Children and Family Services Act are | ||||||
17 | inappropriate or such efforts were
made and were | ||||||
18 | unsuccessful; and
| ||||||
19 | (B) termination of parental rights and appointment | ||||||
20 | of a guardian with
power to consent to adoption is in | ||||||
21 | the best interest of the child pursuant to
Section | ||||||
22 | 2-29.
| ||||||
23 | (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | ||||||
24 | 90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. | ||||||
25 | 8-16-97; 90-566, eff.
1-2-98; 90-608, eff. 6-30-98.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon | ||||||
27 | becoming law.".
|