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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||
5 | 2-3.25o, 10-21.9, and 34-18.5 as follows: | ||||||||||||||||||||||||||||
6 | (105 ILCS 5/2-3.25o)
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7 | Sec. 2-3.25o. Registration and recognition of non-public | ||||||||||||||||||||||||||||
8 | elementary and
secondary schools.
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9 | (a) Findings. The General Assembly finds and declares (i) | ||||||||||||||||||||||||||||
10 | that the
Constitution
of the State of Illinois provides that a | ||||||||||||||||||||||||||||
11 | "fundamental goal of the People of the
State is the
educational | ||||||||||||||||||||||||||||
12 | development of all persons to the limits of their capacities" | ||||||||||||||||||||||||||||
13 | and
(ii) that the
educational development of every school | ||||||||||||||||||||||||||||
14 | student serves the public purposes of
the State.
In order to | ||||||||||||||||||||||||||||
15 | ensure that all Illinois students and teachers have the | ||||||||||||||||||||||||||||
16 | opportunity
to enroll and
work in State-approved educational | ||||||||||||||||||||||||||||
17 | institutions and programs, the State Board
of
Education shall | ||||||||||||||||||||||||||||
18 | provide for the voluntary registration and recognition of
| ||||||||||||||||||||||||||||
19 | non-public
elementary and secondary schools.
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20 | (b) Registration. All non-public elementary and secondary | ||||||||||||||||||||||||||||
21 | schools in the
State
of
Illinois may voluntarily register with | ||||||||||||||||||||||||||||
22 | the State Board of Education on an
annual basis. Registration | ||||||||||||||||||||||||||||
23 | shall
be completed
in conformance with procedures prescribed by |
| |||||||
| |||||||
1 | the State Board of Education.
Information
required for | ||||||
2 | registration shall include assurances of compliance (i) with
| ||||||
3 | federal
and State
laws regarding health examination and | ||||||
4 | immunization, attendance, length of term,
and
| ||||||
5 | nondiscrimination and (ii) with applicable fire and health | ||||||
6 | safety requirements.
| ||||||
7 | (c) Recognition. All non-public elementary and secondary | ||||||
8 | schools in the
State of
Illinois may voluntarily seek the | ||||||
9 | status of "Non-public School Recognition"
from
the State
Board | ||||||
10 | of Education. This status may be obtained by compliance with
| ||||||
11 | administrative
guidelines and review procedures as prescribed | ||||||
12 | by the State Board of Education.
The
guidelines and procedures | ||||||
13 | must recognize that some of the aims and the
financial bases of
| ||||||
14 | non-public schools are different from public schools and will | ||||||
15 | not be identical
to those for
public schools, nor will they be | ||||||
16 | more burdensome. The guidelines and procedures
must
also | ||||||
17 | recognize the diversity of non-public schools and shall not | ||||||
18 | impinge upon
the
noneducational relationships between those | ||||||
19 | schools and their clientele.
| ||||||
20 | (c-5) Prohibition against recognition. A non-public | ||||||
21 | elementary or secondary school may not obtain "Non-public | ||||||
22 | School Recognition" status unless the school requires all | ||||||
23 | certified and non-certified applicants for employment with the | ||||||
24 | school, after July 1, 2007, to authorize a fingerprint-based | ||||||
25 | criminal history records check as a condition of employment to | ||||||
26 | determine if such applicants have been convicted of any of the |
| |||||||
| |||||||
1 | enumerated criminal or drug offenses set forth in Section | ||||||
2 | 21B-80 21-23a of this Code or have been convicted, within 7 | ||||||
3 | years of the application for employment, of any other felony | ||||||
4 | under the laws of this State or of any offense committed or | ||||||
5 | attempted in any other state or against the laws of the United | ||||||
6 | States that, if committed or attempted in this State, would | ||||||
7 | have been punishable as a felony under the laws of this State. | ||||||
8 | Authorization for the check shall be furnished by the | ||||||
9 | applicant to the school, except that if the applicant is a | ||||||
10 | substitute teacher seeking employment in more than one | ||||||
11 | non-public school, a teacher seeking concurrent part-time | ||||||
12 | employment positions with more than one non-public school (as a | ||||||
13 | reading specialist, special education teacher, or otherwise), | ||||||
14 | or an educational support personnel employee seeking | ||||||
15 | employment positions with more than one non-public school, then | ||||||
16 | only one of the non-public schools employing the individual | ||||||
17 | shall request the authorization. Upon receipt of this | ||||||
18 | authorization, the non-public school shall submit the | ||||||
19 | applicant's name, sex, race, date of birth, social security | ||||||
20 | number, fingerprint images, and other identifiers, as | ||||||
21 | prescribed by the Department of State Police, to the Department | ||||||
22 | of State Police. | ||||||
23 | The Department of State Police and Federal Bureau of | ||||||
24 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
25 | criminal history records check, records of convictions, | ||||||
26 | forever and hereafter, until expunged, to the president or |
| |||||||
| |||||||
1 | principal of the non-public school that requested the check. | ||||||
2 | The Department of State Police shall charge that school a fee | ||||||
3 | for conducting such check, which fee must be deposited into the | ||||||
4 | State Police Services Fund and must not exceed the cost of the | ||||||
5 | inquiry. Subject to appropriations for these purposes, the | ||||||
6 | State Superintendent of Education shall reimburse non-public | ||||||
7 | schools for fees paid to obtain criminal history records checks | ||||||
8 | under this Section. | ||||||
9 | A non-public school may not obtain recognition status | ||||||
10 | unless the school also performs a check of the Statewide Sex | ||||||
11 | Offender Database, as authorized by the Sex Offender Community | ||||||
12 | Notification Law, for each applicant for employment, after July | ||||||
13 | 1, 2007, to determine whether the applicant has been | ||||||
14 | adjudicated a sex offender. | ||||||
15 | Any information concerning the record of convictions | ||||||
16 | obtained by a non-public school's president or principal under | ||||||
17 | this Section is confidential and may be disseminated only to | ||||||
18 | the governing body of the non-public school or any other person | ||||||
19 | necessary to the decision of hiring the applicant for | ||||||
20 | employment. A copy of the record of convictions obtained from | ||||||
21 | the Department of State Police shall be provided to the | ||||||
22 | applicant for employment. Upon a check of the Statewide Sex | ||||||
23 | Offender Database, the non-public school shall notify the | ||||||
24 | applicant as to whether or not the applicant has been | ||||||
25 | identified in the Sex Offender Database as a sex offender. Any | ||||||
26 | information concerning the records of conviction obtained by |
| |||||||
| |||||||
1 | the non-public school's president or principal under this | ||||||
2 | Section for a substitute teacher seeking employment in more | ||||||
3 | than one non-public school, a teacher seeking concurrent | ||||||
4 | part-time employment positions with more than one non-public | ||||||
5 | school (as a reading specialist, special education teacher, or | ||||||
6 | otherwise), or an educational support personnel employee | ||||||
7 | seeking employment positions with more than one non-public | ||||||
8 | school may be shared with another non-public school's principal | ||||||
9 | or president to which the applicant seeks employment. Any | ||||||
10 | unauthorized release of confidential information may be a | ||||||
11 | violation of Section 7 of the Criminal Identification Act. Any | ||||||
12 | person who releases any criminal history record information | ||||||
13 | concerning an applicant for employment is guilty of a Class A | ||||||
14 | misdemeanor and may be subject to prosecution under federal | ||||||
15 | law, unless the release of such information is authorized by | ||||||
16 | this Section. | ||||||
17 | No non-public school may obtain recognition status that | ||||||
18 | knowingly employs a person, hired after July 1, 2007, for whom | ||||||
19 | a Department of State Police and Federal Bureau of | ||||||
20 | Investigation fingerprint-based criminal history records check | ||||||
21 | and a Statewide Sex Offender Database check has not been | ||||||
22 | initiated or who has been convicted of any offense enumerated | ||||||
23 | in Section 21B-80 of this Code or any offense committed or | ||||||
24 | attempted in any other state or against the laws of the United | ||||||
25 | States that, if committed or attempted in this State, would | ||||||
26 | have been punishable as one or more of those offenses. No |
| |||||||
| |||||||
1 | non-public school may obtain recognition status under this | ||||||
2 | Section that knowingly employs a person who has been found to | ||||||
3 | be the perpetrator of sexual or physical abuse of a minor under | ||||||
4 | 18 years of age pursuant to proceedings under Article II of the | ||||||
5 | Juvenile Court Act of 1987. | ||||||
6 | In order to obtain recognition status under this Section, a | ||||||
7 | non-public school must require compliance with the provisions | ||||||
8 | of this subsection (c-5) from all employees of persons or firms | ||||||
9 | holding contracts with the school, including, but not limited | ||||||
10 | to, food service workers, school bus drivers, and other | ||||||
11 | transportation employees, who have direct, daily contact with | ||||||
12 | pupils. Any information concerning the records of conviction or | ||||||
13 | identification as a sex offender of any such employee obtained | ||||||
14 | by the non-public school principal or president must be | ||||||
15 | promptly reported to the school's governing body.
| ||||||
16 | Prior to the commencement of any student teaching | ||||||
17 | experience or required internship (which is referred to as | ||||||
18 | student teaching in this Section) in any non-public elementary | ||||||
19 | or secondary school that has obtained or seeks to obtain | ||||||
20 | recognition status under this Section, a student teacher is | ||||||
21 | required to authorize a fingerprint-based criminal history | ||||||
22 | records check. Authorization for and payment of the costs of | ||||||
23 | the check must be furnished by the student teacher to the chief | ||||||
24 | administrative officer of the non-public school where the | ||||||
25 | student teaching is to be completed. Upon receipt of this | ||||||
26 | authorization and payment, the chief administrative officer of |
| |||||||
| |||||||
1 | the non-public school shall submit the student teacher's name, | ||||||
2 | sex, race, date of birth, social security number, fingerprint | ||||||
3 | images, and other identifiers, as prescribed by the Department | ||||||
4 | of State Police, to the Department of State Police. The | ||||||
5 | Department of State Police and the Federal Bureau of | ||||||
6 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
7 | criminal history records check, records of convictions, | ||||||
8 | forever and hereinafter, until expunged, to the chief | ||||||
9 | administrative officer of the non-public school that requested | ||||||
10 | the check. The Department of State Police shall charge the | ||||||
11 | school a fee for conducting the check, which fee must be passed | ||||||
12 | on to the student teacher, must not exceed the cost of the | ||||||
13 | inquiry, and must be deposited into the State Police Services | ||||||
14 | Fund. The school shall further perform a check of the Statewide | ||||||
15 | Sex Offender Database, as authorized by the Sex Offender | ||||||
16 | Community Notification Law, and of the Statewide Murderer and | ||||||
17 | Violent Offender Against Youth Database, as authorized by the | ||||||
18 | Murderer and Violent Offender Against Youth Registration Act, | ||||||
19 | for each student teacher. No school that has obtained or seeks | ||||||
20 | to obtain recognition status under this Section may knowingly | ||||||
21 | allow a person to student teach for whom a criminal history | ||||||
22 | records check, a Statewide Sex Offender Database check, and a | ||||||
23 | Statewide Murderer and Violent Offender Against Youth Database | ||||||
24 | check have not been completed and reviewed by the chief | ||||||
25 | administrative officer of the non-public school. | ||||||
26 | A copy of the record of convictions obtained from the |
| |||||||
| |||||||
1 | Department of State Police must be provided to the student | ||||||
2 | teacher. Any information concerning the record of convictions | ||||||
3 | obtained by the chief administrative officer of the non-public | ||||||
4 | school is confidential and may be transmitted only to the chief | ||||||
5 | administrative officer of the non-public school or his or her | ||||||
6 | designee, the State Superintendent of Education, the State | ||||||
7 | Educator Preparation and Licensure Board, or, for | ||||||
8 | clarification purposes, the Department of State Police or the | ||||||
9 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
10 | Violent Offender Against Youth Database. Any unauthorized | ||||||
11 | release of confidential information may be a violation of | ||||||
12 | Section 7 of the Criminal Identification Act. | ||||||
13 | No school that has obtained or seeks to obtain recognition | ||||||
14 | status under this Section may knowingly allow a person to | ||||||
15 | student teach who has been convicted of any offense that would | ||||||
16 | subject him or her to license suspension or revocation pursuant | ||||||
17 | to Section 21B-80 of this Code or who has been found to be the | ||||||
18 | perpetrator of sexual or physical abuse of a minor under 18 | ||||||
19 | years of age pursuant to proceedings under Article II of the | ||||||
20 | Juvenile Court Act of 1987. | ||||||
21 | (d) Public purposes. The provisions of this Section are in | ||||||
22 | the public
interest, for
the public benefit, and serve secular | ||||||
23 | public purposes.
| ||||||
24 | (e) Definition. For purposes of this Section, a non-public | ||||||
25 | school means any
non-profit, non-home-based, and non-public | ||||||
26 | elementary or secondary school that
is
in
compliance with Title |
| |||||||
| |||||||
1 | VI of the Civil Rights Act of 1964 and attendance at
which
| ||||||
2 | satisfies the requirements of Section 26-1 of this Code.
| ||||||
3 | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
| ||||||
4 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
5 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
6 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
7 | Violent Offender Against Youth Database.
| ||||||
8 | (a) Certified and noncertified applicants for employment | ||||||
9 | with a school
district, except school bus driver applicants, | ||||||
10 | are required as a condition
of employment to authorize a | ||||||
11 | fingerprint-based criminal history records check to determine | ||||||
12 | if such applicants have been convicted of any of
the enumerated | ||||||
13 | criminal or drug offenses in subsection (c) of this Section or
| ||||||
14 | have been convicted, within 7 years of the application for | ||||||
15 | employment with
the
school district, of any other felony under | ||||||
16 | the laws of this State or of any
offense committed or attempted | ||||||
17 | in any other state or against the laws of
the United States | ||||||
18 | that, if committed or attempted in this State, would
have been | ||||||
19 | punishable as a felony under the laws of this State.
| ||||||
20 | Authorization for
the check shall be furnished by the applicant | ||||||
21 | to
the school district, except that if the applicant is a | ||||||
22 | substitute teacher
seeking employment in more than one school | ||||||
23 | district, a teacher seeking
concurrent part-time employment | ||||||
24 | positions with more than one school
district (as a reading | ||||||
25 | specialist, special education teacher or otherwise),
or an |
| |||||||
| |||||||
1 | educational support personnel employee seeking employment | ||||||
2 | positions
with more than one district, any such district may | ||||||
3 | require the applicant to
furnish authorization for
the check to | ||||||
4 | the regional superintendent
of the educational service region | ||||||
5 | in which are located the school districts
in which the | ||||||
6 | applicant is seeking employment as a substitute or concurrent
| ||||||
7 | part-time teacher or concurrent educational support personnel | ||||||
8 | employee.
Upon receipt of this authorization, the school | ||||||
9 | district or the appropriate
regional superintendent, as the | ||||||
10 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
11 | of birth, social security number, fingerprint images, and other | ||||||
12 | identifiers, as prescribed by the Department
of State Police, | ||||||
13 | to the Department. The regional
superintendent submitting the | ||||||
14 | requisite information to the Department of
State Police shall | ||||||
15 | promptly notify the school districts in which the
applicant is | ||||||
16 | seeking employment as a substitute or concurrent part-time
| ||||||
17 | teacher or concurrent educational support personnel employee | ||||||
18 | that
the
check of the applicant has been requested. The | ||||||
19 | Department of State Police and the Federal Bureau of | ||||||
20 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
21 | criminal history records check, records of convictions, | ||||||
22 | forever and hereinafter, until expunged, to the president of | ||||||
23 | the school board for the school district that requested the | ||||||
24 | check, or to the regional superintendent who requested the | ||||||
25 | check.
The
Department shall charge
the school district
or the | ||||||
26 | appropriate regional superintendent a fee for
conducting
such |
| |||||||
| |||||||
1 | check, which fee shall be deposited in the State
Police | ||||||
2 | Services Fund and shall not exceed the cost of
the inquiry; and | ||||||
3 | the
applicant shall not be charged a fee for
such check by the | ||||||
4 | school
district or by the regional superintendent, except that | ||||||
5 | those applicants seeking employment as a substitute teacher | ||||||
6 | with a school district may be charged a fee not to exceed the | ||||||
7 | cost of the inquiry. Subject to appropriations for these | ||||||
8 | purposes, the State Superintendent of Education shall | ||||||
9 | reimburse school districts and regional superintendents for | ||||||
10 | fees paid to obtain criminal history records checks under this | ||||||
11 | Section.
| ||||||
12 | (a-5) The school district or regional superintendent shall | ||||||
13 | further perform a check of the Statewide Sex Offender Database, | ||||||
14 | as authorized by the Sex Offender Community Notification Law, | ||||||
15 | for each applicant.
| ||||||
16 | (a-6) The school district or regional superintendent shall | ||||||
17 | further perform a check of the Statewide Murderer and Violent | ||||||
18 | Offender Against Youth Database, as authorized by the Murderer | ||||||
19 | and Violent Offender Against Youth Community Notification Law, | ||||||
20 | for each applicant.
| ||||||
21 | (b)
Any information
concerning the record of convictions | ||||||
22 | obtained by the president of the
school board or the regional | ||||||
23 | superintendent shall be confidential and may
only be | ||||||
24 | transmitted to the superintendent of the school district or his
| ||||||
25 | designee, the appropriate regional superintendent if
the check | ||||||
26 | was
requested by the school district, the presidents of the |
| |||||||
| |||||||
1 | appropriate school
boards if
the check was requested from the | ||||||
2 | Department of State
Police by the regional superintendent, the | ||||||
3 | State Superintendent of
Education, the State Teacher | ||||||
4 | Certification Board, any other person
necessary to the decision | ||||||
5 | of hiring the applicant for employment, or for clarification | ||||||
6 | purposes the Department of State Police or Statewide Sex | ||||||
7 | Offender Database, or both. A copy
of the record of convictions | ||||||
8 | obtained from the Department of State Police
shall be provided | ||||||
9 | to the applicant for employment. Upon the check of the | ||||||
10 | Statewide Sex Offender Database, the school district or | ||||||
11 | regional superintendent shall notify an applicant as to whether | ||||||
12 | or not the applicant has been identified in the Database as a | ||||||
13 | sex offender. If a check of
an applicant for employment as a | ||||||
14 | substitute or concurrent part-time teacher
or concurrent | ||||||
15 | educational support personnel employee in more than one
school | ||||||
16 | district was requested by the regional superintendent, and the
| ||||||
17 | Department of State Police upon a check ascertains that the | ||||||
18 | applicant
has not been convicted of any of the enumerated | ||||||
19 | criminal or drug offenses
in subsection (c)
or has not been | ||||||
20 | convicted, within 7 years of the
application for
employment | ||||||
21 | with the
school district, of any other felony under the laws of | ||||||
22 | this State or of any
offense committed or attempted in any | ||||||
23 | other state or against the laws of
the United States that, if | ||||||
24 | committed or attempted in this State, would
have been | ||||||
25 | punishable as a felony under the laws of this State
and so | ||||||
26 | notifies the regional
superintendent and if the regional |
| |||||||
| |||||||
1 | superintendent upon a check ascertains that the applicant has | ||||||
2 | not been identified in the Sex Offender Database as a sex | ||||||
3 | offender, then the
regional superintendent shall issue to the | ||||||
4 | applicant a certificate
evidencing that as of the date | ||||||
5 | specified by the Department of State Police
the applicant has | ||||||
6 | not been convicted of any of the enumerated criminal or
drug | ||||||
7 | offenses in subsection (c)
or has not been
convicted, within 7 | ||||||
8 | years of the application for employment with the
school | ||||||
9 | district, of any other felony under the laws of this State or | ||||||
10 | of any
offense committed or attempted in any other state or | ||||||
11 | against the laws of
the United States that, if committed or | ||||||
12 | attempted in this State, would
have been punishable as a felony | ||||||
13 | under the laws of this State and evidencing that as of the date | ||||||
14 | that the regional superintendent conducted a check of the | ||||||
15 | Statewide Sex Offender Database, the applicant has not been | ||||||
16 | identified in the Database as a sex offender. The school
board | ||||||
17 | of
any
school district
may rely on the
certificate issued by | ||||||
18 | any regional superintendent to that substitute teacher, | ||||||
19 | concurrent part-time teacher, or concurrent educational | ||||||
20 | support personnel employee or may
initiate its own criminal | ||||||
21 | history records check of the applicant through the Department | ||||||
22 | of
State Police and its own check of the Statewide Sex Offender | ||||||
23 | Database as provided in subsection (a). Any unauthorized | ||||||
24 | release of confidential information may be a violation of | ||||||
25 | Section 7 of the Criminal Identification Act. Any person who | ||||||
26 | releases any
confidential information concerning any criminal |
| |||||||
| |||||||
1 | convictions of an
applicant for employment shall be guilty of a | ||||||
2 | Class A misdemeanor, unless
the release of such information is | ||||||
3 | authorized by this Section.
| ||||||
4 | (c) No school board shall knowingly employ a person who has | ||||||
5 | been
convicted of any offense that would subject him or her to | ||||||
6 | license suspension or revocation pursuant to Section 21B-80 of | ||||||
7 | this Code.
Further, no school board shall knowingly employ a | ||||||
8 | person who has been found
to be the perpetrator of sexual or | ||||||
9 | physical abuse of any minor under 18 years
of age pursuant to | ||||||
10 | proceedings under Article II of the Juvenile Court Act of
1987.
| ||||||
11 | (d) No school board shall knowingly employ a person for | ||||||
12 | whom a criminal
history records check and a Statewide Sex | ||||||
13 | Offender Database check has not been initiated.
| ||||||
14 | (e) Upon receipt of the record of a conviction of or a | ||||||
15 | finding of child
abuse by a holder of any
certificate issued | ||||||
16 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
17 | Code, the
State Superintendent of Education may initiate | ||||||
18 | certificate suspension
and revocation proceedings as | ||||||
19 | authorized by law.
| ||||||
20 | (e-5) The superintendent of the employing school board | ||||||
21 | shall, in writing, notify the State Superintendent of Education | ||||||
22 | and the applicable regional superintendent of schools of any | ||||||
23 | certificate holder whom he or she has reasonable cause to | ||||||
24 | believe has committed an intentional act of abuse or neglect | ||||||
25 | with the result of making a child an abused child or a | ||||||
26 | neglected child, as defined in Section 3 of the Abused and |
| |||||||
| |||||||
1 | Neglected Child Reporting Act, and that act resulted in the | ||||||
2 | certificate holder's dismissal or resignation from the school | ||||||
3 | district. This notification must be submitted within 30 days | ||||||
4 | after the dismissal or resignation. The certificate holder must | ||||||
5 | also be contemporaneously sent a copy of the notice by the | ||||||
6 | superintendent. All correspondence, documentation, and other | ||||||
7 | information so received by the regional superintendent of | ||||||
8 | schools, the State Superintendent of Education, the State Board | ||||||
9 | of Education, or the State Teacher Certification Board under | ||||||
10 | this subsection (e-5) is confidential and must not be disclosed | ||||||
11 | to third parties, except (i) as necessary for the State | ||||||
12 | Superintendent of Education or his or her designee to | ||||||
13 | investigate and prosecute pursuant to Article 21 of this Code, | ||||||
14 | (ii) pursuant to a court order, (iii) for disclosure to the | ||||||
15 | certificate holder or his or her representative, or (iv) as | ||||||
16 | otherwise provided in this Article and provided that any such | ||||||
17 | information admitted into evidence in a hearing is exempt from | ||||||
18 | this confidentiality and non-disclosure requirement. Except | ||||||
19 | for an act of willful or wanton misconduct, any superintendent | ||||||
20 | who provides notification as required in this subsection (e-5) | ||||||
21 | shall have immunity from any liability, whether civil or | ||||||
22 | criminal or that otherwise might result by reason of such | ||||||
23 | action. | ||||||
24 | (f) After January 1, 1990 the provisions of this Section | ||||||
25 | shall apply
to all employees of persons or firms holding | ||||||
26 | contracts with any school
district including, but not limited |
| |||||||
| |||||||
1 | to, food service workers, school bus
drivers and other | ||||||
2 | transportation employees, who have direct, daily contact
with | ||||||
3 | the pupils of any school in such district. For purposes of | ||||||
4 | criminal
history records checks and checks of the Statewide Sex | ||||||
5 | Offender Database on employees of persons or firms holding
| ||||||
6 | contracts with more than one school district and assigned to | ||||||
7 | more than one
school district, the regional superintendent of | ||||||
8 | the educational service
region in which the contracting school | ||||||
9 | districts are located may, at the
request of any such school | ||||||
10 | district, be responsible for receiving the
authorization for
a | ||||||
11 | criminal history records check prepared by each such employee | ||||||
12 | and
submitting the same to the Department of State Police and | ||||||
13 | for conducting a check of the Statewide Sex Offender Database | ||||||
14 | for each employee. Any information
concerning the record of | ||||||
15 | conviction and identification as a sex offender of any such | ||||||
16 | employee obtained by the
regional superintendent shall be | ||||||
17 | promptly reported to the president of the
appropriate school | ||||||
18 | board or school boards.
| ||||||
19 | (f-5) Upon request of a school or school district, any | ||||||
20 | information obtained by a school district pursuant to | ||||||
21 | subsection (f) of this Section within the last year must be | ||||||
22 | made available to the requesting school or school district. | ||||||
23 | (g) Prior to the commencement of any student teaching | ||||||
24 | experience or required internship (which is referred to as | ||||||
25 | student teaching in this Section) In order to student teach in | ||||||
26 | the public schools, a student teacher person is required to |
| |||||||
| |||||||
1 | authorize a fingerprint-based criminal history records check | ||||||
2 | and checks of the Statewide Sex Offender Database and Statewide | ||||||
3 | Murderer and Violent Offender Against Youth Database prior to | ||||||
4 | participating in any field experiences in the public schools . | ||||||
5 | Authorization for and payment of the costs of the check checks | ||||||
6 | must be furnished by the student teacher to the school district | ||||||
7 | where the student teaching is to be completed . Upon receipt of | ||||||
8 | this authorization and payment, the school district shall | ||||||
9 | submit the student teacher's name, sex, race, date of birth, | ||||||
10 | social security number, fingerprint images, and other | ||||||
11 | identifiers, as prescribed by the Department of State Police, | ||||||
12 | to the Department of State Police. The Department of State | ||||||
13 | Police and the Federal Bureau of Investigation shall furnish, | ||||||
14 | pursuant to a fingerprint-based criminal history records | ||||||
15 | check, records of convictions, forever and hereinafter, until | ||||||
16 | expunged, to the president of the school board for the school | ||||||
17 | district that requested the check. The Department shall charge | ||||||
18 | the school district a fee for conducting the check, which fee | ||||||
19 | must not exceed the cost of the inquiry and must be deposited | ||||||
20 | into the State Police Services Fund. The school district shall | ||||||
21 | further perform a check of the Statewide Sex Offender Database, | ||||||
22 | as authorized by the Sex Offender Community Notification Law, | ||||||
23 | and of the Statewide Murderer and Violent Offender Against | ||||||
24 | Youth Database, as authorized by the Murderer and Violent | ||||||
25 | Offender Against Youth Registration Act, for each student | ||||||
26 | teacher. No school board may knowingly allow a person to |
| |||||||
| |||||||
1 | student teach for whom a criminal history records check, a | ||||||
2 | Statewide Sex Offender Database check, and a Statewide Murderer | ||||||
3 | and Violent Offender Against Youth Database check have not been | ||||||
4 | completed and reviewed by the district. Results of the checks | ||||||
5 | must be furnished to the higher education institution where the | ||||||
6 | student teacher is enrolled and the superintendent of the | ||||||
7 | school district where the student is assigned. | ||||||
8 | A copy of the record of convictions obtained from the | ||||||
9 | Department of State Police must be provided to the student | ||||||
10 | teacher. Any information concerning the record of convictions | ||||||
11 | obtained by the president of the school board is confidential | ||||||
12 | and may only be transmitted to the superintendent of the school | ||||||
13 | district or his or her designee, the State Superintendent of | ||||||
14 | Education, the State Educator Preparation and Licensure Board, | ||||||
15 | or, for clarification purposes, the Department of State Police | ||||||
16 | or the Statewide Sex Offender Database or Statewide Murderer | ||||||
17 | and Violent Offender Against Youth Database. Any unauthorized | ||||||
18 | release of confidential information may be a violation of | ||||||
19 | Section 7 of the Criminal Identification Act. | ||||||
20 | No school board may knowingly allow a person to student | ||||||
21 | teach who has been convicted of any offense that would subject | ||||||
22 | him or her to license suspension or revocation pursuant to | ||||||
23 | Section 21B-80 of this Code or who has been found to be the | ||||||
24 | perpetrator of sexual or physical abuse of a minor under 18 | ||||||
25 | years of age pursuant to proceedings under Article II of the | ||||||
26 | Juvenile Court Act of 1987. |
| |||||||
| |||||||
1 | (h) (Blank). Upon request of a school, school district, | ||||||
2 | community college district, or private school, any information | ||||||
3 | obtained by a school district pursuant to subsection (f) of | ||||||
4 | this Section within the last year must be made available to | ||||||
5 | that school, school district, community college district, or | ||||||
6 | private school. | ||||||
7 | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||||||
8 | 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; | ||||||
9 | 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
| ||||||
10 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
11 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
12 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
13 | Violent Offender Against Youth Database. | ||||||
14 | (a) Certified and noncertified applicants for
employment | ||||||
15 | with the school district are required as a condition of
| ||||||
16 | employment to authorize a fingerprint-based criminal history | ||||||
17 | records check to determine if such applicants
have been | ||||||
18 | convicted of any of the enumerated criminal or drug offenses in
| ||||||
19 | subsection (c) of this Section or have been
convicted, within 7 | ||||||
20 | years of the application for employment with the
school | ||||||
21 | district, of any other felony under the laws of this State or | ||||||
22 | of any
offense committed or attempted in any other state or | ||||||
23 | against the laws of
the United States that, if committed or | ||||||
24 | attempted in this State, would
have been punishable as a felony | ||||||
25 | under the laws of this State. Authorization
for
the
check shall
|
| |||||||
| |||||||
1 | be furnished by the applicant to the school district, except | ||||||
2 | that if the
applicant is a substitute teacher seeking | ||||||
3 | employment in more than one
school district, or a teacher | ||||||
4 | seeking concurrent part-time employment
positions with more | ||||||
5 | than one school district (as a reading specialist,
special | ||||||
6 | education teacher or otherwise), or an educational support
| ||||||
7 | personnel employee seeking employment positions with more than | ||||||
8 | one
district, any such district may require the applicant to | ||||||
9 | furnish
authorization for
the check to the regional | ||||||
10 | superintendent of the
educational service region in which are | ||||||
11 | located the school districts in
which the applicant is seeking | ||||||
12 | employment as a substitute or concurrent
part-time teacher or | ||||||
13 | concurrent educational support personnel employee.
Upon | ||||||
14 | receipt of this authorization, the school district or the | ||||||
15 | appropriate
regional superintendent, as the case may be, shall | ||||||
16 | submit the applicant's
name, sex, race, date of birth, social | ||||||
17 | security number, fingerprint images, and other identifiers, as | ||||||
18 | prescribed by the Department
of State Police, to the | ||||||
19 | Department. The regional
superintendent submitting the | ||||||
20 | requisite information to the Department of
State Police shall | ||||||
21 | promptly notify the school districts in which the
applicant is | ||||||
22 | seeking employment as a substitute or concurrent part-time
| ||||||
23 | teacher or concurrent educational support personnel employee | ||||||
24 | that
the
check of the applicant has been requested. The | ||||||
25 | Department of State
Police and the Federal Bureau of | ||||||
26 | Investigation shall furnish, pursuant to a fingerprint-based |
| |||||||
| |||||||
1 | criminal history records check, records of convictions, | ||||||
2 | forever and hereinafter, until expunged, to the president of | ||||||
3 | the school board for the school district that requested the | ||||||
4 | check, or to the regional superintendent who requested the | ||||||
5 | check. The
Department shall charge
the school district
or the | ||||||
6 | appropriate regional superintendent a fee for
conducting
such | ||||||
7 | check, which fee shall be deposited in the State
Police | ||||||
8 | Services Fund and shall not exceed the cost of the inquiry; and | ||||||
9 | the
applicant shall not be charged a fee for
such check by the | ||||||
10 | school
district or by the regional superintendent. Subject to | ||||||
11 | appropriations for these purposes, the State Superintendent of | ||||||
12 | Education shall reimburse the school district and regional | ||||||
13 | superintendent for fees paid to obtain criminal history records | ||||||
14 | checks under this Section. | ||||||
15 | (a-5) The school district or regional superintendent shall | ||||||
16 | further perform a check of the Statewide Sex Offender Database, | ||||||
17 | as authorized by the Sex Offender Community Notification Law, | ||||||
18 | for each applicant. | ||||||
19 | (a-6) The school district or regional superintendent shall | ||||||
20 | further perform a check of the Statewide Murderer and Violent | ||||||
21 | Offender Against Youth Database, as authorized by the Murderer | ||||||
22 | and Violent Offender Against Youth Community Notification Law, | ||||||
23 | for each applicant. | ||||||
24 | (b) Any
information concerning the record of convictions | ||||||
25 | obtained by the president
of the board of education or the | ||||||
26 | regional superintendent shall be
confidential and may only be |
| |||||||
| |||||||
1 | transmitted to the general superintendent of
the school | ||||||
2 | district or his designee, the appropriate regional
| ||||||
3 | superintendent if
the check was requested by the board of | ||||||
4 | education
for the school district, the presidents of the | ||||||
5 | appropriate board of
education or school boards if
the check | ||||||
6 | was requested from the
Department of State Police by the | ||||||
7 | regional superintendent, the State
Superintendent of | ||||||
8 | Education, the State Teacher Certification Board or any
other | ||||||
9 | person necessary to the decision of hiring the applicant for
| ||||||
10 | employment. A copy of the record of convictions obtained from | ||||||
11 | the
Department of State Police shall be provided to the | ||||||
12 | applicant for
employment. Upon the check of the Statewide Sex | ||||||
13 | Offender Database, the school district or regional | ||||||
14 | superintendent shall notify an applicant as to whether or not | ||||||
15 | the applicant has been identified in the Database as a sex | ||||||
16 | offender. If a check of an applicant for employment as a
| ||||||
17 | substitute or concurrent part-time teacher or concurrent | ||||||
18 | educational
support personnel employee in more than one school | ||||||
19 | district was requested
by the regional superintendent, and the | ||||||
20 | Department of State Police upon
a check ascertains that the | ||||||
21 | applicant has not been convicted of any
of the enumerated | ||||||
22 | criminal or drug offenses in subsection (c)
or has not been
| ||||||
23 | convicted,
within 7 years of the application for employment | ||||||
24 | with the
school district, of any other felony under the laws of | ||||||
25 | this State or of any
offense committed or attempted in any | ||||||
26 | other state or against the laws of
the United States that, if |
| |||||||
| |||||||
1 | committed or attempted in this State, would
have been | ||||||
2 | punishable as a felony under the laws of this State and so
| ||||||
3 | notifies the regional superintendent and if the regional | ||||||
4 | superintendent upon a check ascertains that the applicant has | ||||||
5 | not been identified in the Sex Offender Database as a sex | ||||||
6 | offender, then the regional superintendent
shall issue to the | ||||||
7 | applicant a certificate evidencing that as of the date
| ||||||
8 | specified by the Department of State Police the applicant has | ||||||
9 | not been
convicted of any of the enumerated criminal or drug | ||||||
10 | offenses in subsection
(c)
or has not been
convicted, within 7 | ||||||
11 | years of the application for employment with the
school | ||||||
12 | district, of any other felony under the laws of this State or | ||||||
13 | of any
offense committed or attempted in any other state or | ||||||
14 | against the laws of
the United States that, if committed or | ||||||
15 | attempted in this State, would
have been punishable as a felony | ||||||
16 | under the laws of this State and evidencing that as of the date | ||||||
17 | that the regional superintendent conducted a check of the | ||||||
18 | Statewide Sex Offender Database, the applicant has not been | ||||||
19 | identified in the Database as a sex offender. The school
board | ||||||
20 | of any school district may rely on the certificate issued by | ||||||
21 | any regional
superintendent to that substitute teacher, | ||||||
22 | concurrent part-time teacher, or concurrent educational | ||||||
23 | support personnel employee
or may initiate its own criminal | ||||||
24 | history records check of
the applicant through the Department | ||||||
25 | of State Police and its own check of the Statewide Sex Offender | ||||||
26 | Database as provided in
subsection (a). Any unauthorized |
| |||||||
| |||||||
1 | release of confidential information may be a violation of | ||||||
2 | Section 7 of the Criminal Identification Act. 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 of any offense that would subject | ||||||
9 | him or her to license suspension or revocation pursuant to | ||||||
10 | Section 21B-80 of this Code.
Further, the board of education | ||||||
11 | shall not knowingly employ a person who has
been found to be | ||||||
12 | the perpetrator of sexual or physical abuse of any minor under
| ||||||
13 | 18 years of age pursuant to proceedings under Article II of the | ||||||
14 | Juvenile Court
Act of 1987. | ||||||
15 | (d) The board of education shall not knowingly employ a | ||||||
16 | person for whom
a criminal history records check and a | ||||||
17 | Statewide Sex Offender Database check has not been initiated. | ||||||
18 | (e) Upon receipt of the record of a conviction of or a | ||||||
19 | finding of child
abuse by a holder of any
certificate issued | ||||||
20 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
21 | Code, the State Superintendent of
Education may initiate | ||||||
22 | certificate suspension and revocation
proceedings as | ||||||
23 | authorized by law. | ||||||
24 | (e-5) The general superintendent of schools shall, in | ||||||
25 | writing, notify the State Superintendent of Education of any | ||||||
26 | certificate holder whom he or she has reasonable cause to |
| |||||||
| |||||||
1 | believe has committed an intentional act of abuse or neglect | ||||||
2 | with the result of making a child an abused child or a | ||||||
3 | neglected child, as defined in Section 3 of the Abused and | ||||||
4 | Neglected Child Reporting Act, and that act resulted in the | ||||||
5 | certificate holder's dismissal or resignation from the school | ||||||
6 | district. This notification must be submitted within 30 days | ||||||
7 | after the dismissal or resignation. The certificate holder must | ||||||
8 | also be contemporaneously sent a copy of the notice by the | ||||||
9 | superintendent. All correspondence, documentation, and other | ||||||
10 | information so received by the State Superintendent of | ||||||
11 | Education, the State Board of Education, or the State Teacher | ||||||
12 | Certification Board under this subsection (e-5) is | ||||||
13 | confidential and must not be disclosed to third parties, except | ||||||
14 | (i) as necessary for the State Superintendent of Education or | ||||||
15 | his or her designee to investigate and prosecute pursuant to | ||||||
16 | Article 21 of this Code, (ii) pursuant to a court order, (iii) | ||||||
17 | for disclosure to the certificate holder or his or her | ||||||
18 | representative, or (iv) as otherwise provided in this Article | ||||||
19 | and provided that any such information admitted into evidence | ||||||
20 | in a hearing is exempt from this confidentiality and | ||||||
21 | non-disclosure requirement. Except for an act of willful or | ||||||
22 | wanton misconduct, any superintendent who provides | ||||||
23 | notification as required in this subsection (e-5) shall have | ||||||
24 | immunity from any liability, whether civil or criminal or that | ||||||
25 | otherwise might result by reason of such action. | ||||||
26 | (f) After March 19, 1990, the provisions of this Section |
| |||||||
| |||||||
1 | shall apply to
all employees of persons or firms holding | ||||||
2 | contracts with any school district
including, but not limited | ||||||
3 | to, food service workers, school bus drivers and
other | ||||||
4 | transportation employees, who have direct, daily contact with | ||||||
5 | the
pupils of any school in such district. For purposes of | ||||||
6 | criminal history records checks and checks of the Statewide Sex | ||||||
7 | Offender Database on employees of persons or firms holding | ||||||
8 | contracts with more
than one school district and assigned to | ||||||
9 | more than one school district, the
regional superintendent of | ||||||
10 | the educational service region in which the
contracting school | ||||||
11 | districts are located may, at the request of any such
school | ||||||
12 | district, be responsible for receiving the authorization for
a | ||||||
13 | criminal history records check prepared by each such employee | ||||||
14 | and submitting the same to the
Department of State Police and | ||||||
15 | for conducting a check of the Statewide Sex Offender Database | ||||||
16 | for each employee. Any information concerning the record of
| ||||||
17 | conviction and identification as a sex offender of any such | ||||||
18 | employee obtained by the regional superintendent
shall be | ||||||
19 | promptly reported to the president of the appropriate school | ||||||
20 | board
or school boards. | ||||||
21 | (f-5) Upon request of a school or school district, any | ||||||
22 | information obtained by the school district pursuant to | ||||||
23 | subsection (f) of this Section within the last year must be | ||||||
24 | made available to the requesting school or school district. | ||||||
25 | (g) Prior to the commencement of any student teaching | ||||||
26 | experience or required internship (which is referred to as |
| |||||||
| |||||||
1 | student teaching in this Section) In order to student teach in | ||||||
2 | the public schools, a student teacher person is required to | ||||||
3 | authorize a fingerprint-based criminal history records check | ||||||
4 | and checks of the Statewide Sex Offender Database and Statewide | ||||||
5 | Murderer and Violent Offender Against Youth Database prior to | ||||||
6 | participating in any field experiences in the public schools . | ||||||
7 | Authorization for and payment of the costs of the check checks | ||||||
8 | must be furnished by the student teacher to the school | ||||||
9 | district . Upon receipt of this authorization and payment, the | ||||||
10 | school district shall submit the student teacher's name, sex, | ||||||
11 | race, date of birth, social security number, fingerprint | ||||||
12 | images, and other identifiers, as prescribed by the Department | ||||||
13 | of State Police, to the Department of State Police. The | ||||||
14 | Department of State Police and the Federal Bureau of | ||||||
15 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
16 | criminal history records check, records of convictions, | ||||||
17 | forever and hereinafter, until expunged, to the president of | ||||||
18 | the board. The Department shall charge the school district a | ||||||
19 | fee for conducting the check, which fee must not exceed the | ||||||
20 | cost of the inquiry and must be deposited into the State Police | ||||||
21 | Services Fund. The school district shall further perform a | ||||||
22 | check of the Statewide Sex Offender Database, as authorized by | ||||||
23 | the Sex Offender Community Notification Law, and of the | ||||||
24 | Statewide Murderer and Violent Offender Against Youth | ||||||
25 | Database, as authorized by the Murderer and Violent Offender | ||||||
26 | Against Youth Registration Act, for each student teacher. The |
| |||||||
| |||||||
1 | board may not knowingly allow a person to student teach for | ||||||
2 | whom a criminal history records check, a Statewide Sex Offender | ||||||
3 | Database check, and a Statewide Murderer and Violent Offender | ||||||
4 | Against Youth Database check have not been completed and | ||||||
5 | reviewed by the district. Results of the checks must be | ||||||
6 | furnished to the higher education institution where the student | ||||||
7 | teacher is enrolled and the general superintendent of schools. | ||||||
8 | A copy of the record of convictions obtained from the | ||||||
9 | Department of State Police must be provided to the student | ||||||
10 | teacher. Any information concerning the record of convictions | ||||||
11 | obtained by the president of the board is confidential and may | ||||||
12 | only be transmitted to the general superintendent of schools or | ||||||
13 | his or her designee, the State Superintendent of Education, the | ||||||
14 | State Educator Preparation and Licensure Board, or, for | ||||||
15 | clarification purposes, the Department of State Police or the | ||||||
16 | Statewide Sex Offender Database or Statewide Murderer and | ||||||
17 | Violent Offender Against Youth Database. Any unauthorized | ||||||
18 | release of confidential information may be a violation of | ||||||
19 | Section 7 of the Criminal Identification Act. | ||||||
20 | The board may not knowingly allow a person to student teach | ||||||
21 | who has been convicted of any offense that would subject him or | ||||||
22 | her to license suspension or revocation pursuant to Section | ||||||
23 | 21B-80 of this Code or who has been found to be the perpetrator | ||||||
24 | of sexual or physical abuse of a minor under 18 years of age | ||||||
25 | pursuant to proceedings under Article II of the Juvenile Court | ||||||
26 | Act of 1987. |
| |||||||
| |||||||
1 | (h) (Blank). Upon request of a school, school district, | ||||||
2 | community college district, or private school, any information | ||||||
3 | obtained by the school district pursuant to subsection (f) of | ||||||
4 | this Section within the last year must be made available to | ||||||
5 | that school, school district, community college district, or | ||||||
6 | private school. | ||||||
7 | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||||||
8 | 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; | ||||||
9 | 97-813, eff. 7-13-12.)
|