Bill Status of SB0456  101st General Assembly

Short Description:  SCH CD-EMPLOYMENT-OFFENDERS

Senate Sponsors
Sen. Iris Y. Martinez - Thomas Cullerton - Jennifer Bertino-Tarrant - Jacqueline Y. Collins, Suzy Glowiak Hilton, Ann Gillespie, Julie A. Morrison and Laura M. Murphy

House Sponsors
(Rep. Fred Crespo - Steven Reick - Michelle Mussman - David McSweeney - Mary E. Flowers, Arthur Turner, Elizabeth Hernandez, Natalie A. Manley, Dan Ugaste, Mark Batinick, Diane Pappas, Terra Costa Howard, Thomas Morrison, Marcus C. Evans, Jr., Camille Y. Lilly, Sue Scherer, Stephanie A. Kifowit, Lance Yednock, Michael Halpin, Joyce Mason, Monica Bristow, Lawrence Walsh, Jr., Nathan D. Reitz and Grant Wehrli)

Last Action
DateChamber Action
  8/23/2019SenatePublic Act . . . . . . . . . 101-0531

Statutes Amended In Order of Appearance
115 ILCS 5/1from Ch. 48, par. 1701


Synopsis As Introduced
Amends the Illinois Educational Labor Relations Act. Makes a technical change in a Section concerning the purpose of the Act.

Senate Floor Amendment No. 1
Deletes reference to:
115 ILCS 5/1
Adds reference to:
105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
105 ILCS 5/21B-45
105 ILCS 5/21B-80
105 ILCS 5/24-14from Ch. 122, par. 24-14
105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5
105 ILCS 5/34-84bfrom Ch. 122, par. 34-84b

Replaces everything after the enacting clause. Amends the School Code. Provides that a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database must be conducted by the school district or regional superintendent, as applicable, once for every 5 years an applicant remains employed by a school district. Provides that no school board shall knowingly employ a person or knowingly allow a person to student teach who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction. Requires the State Board of Education to conduct random audits of Professional Educator Licensees to verify a licensee's fulfillment of required professional development hours. With regard to the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, provides that if the holder of a license or applicant for a license has been charged with attempting to commit, conspiring to commit, soliciting, or committing certain offenses, first degree murder, or a Class X felony or any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of those offenses, the State Superintendent of Education shall immediately suspend the license or deny the application until the person's criminal charges are adjudicated through a court of competent jurisdiction. Makes other changes.

House Floor Amendment No. 1
Deletes reference to:
105 ILCS 5/34-84b
Adds reference to:
105 ILCS 5/10-20.69 new
105 ILCS 5/10-23.12from Ch. 122, par. 10-23.12
105 ILCS 5/21B-75
105 ILCS 5/22-85 new
105 ILCS 5/22-86 new
105 ILCS 5/24-12from Ch. 122, par. 24-12
105 ILCS 5/27A-5
105 ILCS 5/34-18.6from Ch. 122, par. 34-18.6
105 ILCS 5/34-18.61 new
105 ILCS 5/34-85from Ch. 122, par. 34-85
820 ILCS 40/8from Ch. 48, par. 2008
820 ILCS 40/9from Ch. 48, par. 2009

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Further amends the School Code. Provides that each school district must adopt and implement a policy addressing sexual abuse investigations. Provides that, except for an educator licensed under the Educator Licensure Article of the Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. Provides that the State Superintendent of Education has the authority to initiate a suspension of or revoke the license of any educator licensed under the Educator Licensure Article of the Code if he or she negligently fails to report an instance of suspected child abuse or neglect. Provides that if an individual is dismissed by a school district for committing a physical or sexual act on a student, the State Superintendent of Education shall immediately suspend, pending revocation, any license issued to that individual under the Educator Licensure Article of the Code. Provides that if a mandated reporter within a school has knowledge of an alleged incident of sexual abuse, the reporter must call the Department of Children and Family Services' hotline immediately after obtaining the minimal information necessary to make a report, including the names of the affected parties and the allegations. Provides that for schools in a county with an accredited Children's Advocacy Center, every alleged incident of sexual abuse that is reported to the Department of Children and Family Services' hotline or a law enforcement agency and is subsequently accepted for investigation must be referred by the entity that received the report to the local Children's Advocacy Center pursuant to that county's multidisciplinary team's protocol under the Children's Advocacy Center Act for investigating child sexual abuse allegations. Provides for the local Children's Advocacy Center's duties and the duties of a school. Provides that if, during the course of its internal investigation and at any point during or after the multidisciplinary team's investigation, a school determines that it needs to interview an alleged victim of sexual abuse to successfully complete its investigation and the victim is under 18 years of age, a child advocate must be made available to the student and must be present during the school's interview. Provides that the Department of Children and Family Services and the appropriate law enforcement agency must notify the relevant school when an agency investigation of an alleged incident of sexual abuse is completed, which must include information on the outcome of that investigation. Creates the Make Sexual and Severe Physical Abuse Fully Extinct Task Force. Provides for the Task Force's membership, meeting requirements, and duties. With regard to employee dismissal proceedings, provides that in the case of charges involving physical or sexual contact with a student or a person under the age of 18, the hearing officer shall make alternative hearing procedures to protect a witness who is a student or who is under the age of 18 from being intimidated or traumatized. Amends the Personnel Record Review Act to provide that certain disclosure requirements under the Act do not apply to a school district responding to an inquiry from a prospective employer or to activities or associations with individuals or groups involved in the physical, sexual, or other exploitation of minors. Makes conforming and other changes. Adds an immediate effective date.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. Provides that, every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools (rather than must adopt and implement a policy addressing sexual abuse investigations at schools) to ensure consistency with policies adopted under the School Code. Provides that, as a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction (rather than no school board shall knowingly employ a person who has been issued those indicated findings). Changes the definition of "alleged incident of sexual abuse". Makes changes to what a school must comply with after an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the investigations are being conducted by the local multidisciplinary team. With regard to the Personnel Record Review Act, provides that certain disclosure requirements under the Act do not apply to a school district who is sharing information related to an incident or an attempted incident of sexual abuse or severe physical abuse (rather than a school district responding to an inquiry from a prospective employer). Makes other changes. Effective immediately.

Actions 
DateChamber Action
  1/31/2019SenateFiled with Secretary by Sen. John J. Cullerton
  1/31/2019SenateFirst Reading
  1/31/2019SenateReferred to Assignments
  2/20/2019SenateAssigned to Executive
  3/6/2019SenateDo Pass Executive; 016-000-000
  3/6/2019SenatePlaced on Calendar Order of 2nd Reading March 7, 2019
  3/7/2019SenateSecond Reading
  3/7/2019SenatePlaced on Calendar Order of 3rd Reading March 12, 2019
  4/5/2019SenateChief Sponsor Changed to Sen. Iris Y. Martinez
  4/5/2019SenateAdded as Chief Co-Sponsor Sen. Thomas Cullerton
  4/5/2019SenateAdded as Chief Co-Sponsor Sen. Jennifer Bertino-Tarrant
  4/5/2019SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Iris Y. Martinez
  4/5/2019SenateSenate Floor Amendment No. 1 Referred to Assignments
  4/9/2019SenateSenate Floor Amendment No. 1 Assignments Refers to Education
  4/9/2019SenateSenate Floor Amendment No. 1 Recommend Do Adopt Education; 014-000-000
  4/10/2019SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/11/2019SenateRecalled to Second Reading
  4/11/2019SenateSenate Floor Amendment No. 1 Adopted; Martinez
  4/11/2019SenatePlaced on Calendar Order of 3rd Reading
  4/11/2019SenateThird Reading - Passed; 057-000-000
  4/11/2019HouseArrived in House
  4/11/2019HouseChief House Sponsor Rep. Fred Crespo
  4/11/2019HouseFirst Reading
  4/11/2019HouseReferred to Rules Committee
  4/30/2019HouseAssigned to Elementary & Secondary Education: School Curriculum & Policies Committee
  5/8/2019HouseDo Pass / Short Debate Elementary & Secondary Education: School Curriculum & Policies Committee; 020-000-000
  5/8/2019HousePlaced on Calendar 2nd Reading - Short Debate
  5/9/2019SenateAdded as Co-Sponsor Sen. Suzy Glowiak Hilton
  5/16/2019HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Fred Crespo
  5/16/2019HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  5/20/2019HouseHouse Floor Amendment No. 1 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee
  5/20/2019HouseAdded Alternate Chief Co-Sponsor Rep. Natalie A. Manley
  5/21/2019HouseAdded Alternate Chief Co-Sponsor Rep. Steven Reick
  5/21/2019HouseAdded Alternate Chief Co-Sponsor Rep. Michelle Mussman
  5/21/2019HouseAdded Alternate Chief Co-Sponsor Rep. David McSweeney
  5/21/2019HouseAlternate Chief Co-Sponsor Changed to Rep. Steven Reick
  5/21/2019HouseAlternate Chief Co-Sponsor Changed to Rep. Michelle Mussman
  5/21/2019HouseAlternate Chief Co-Sponsor Changed to Rep. David McSweeney
  5/22/2019HouseSecond Reading - Short Debate
  5/22/2019HouseHeld on Calendar Order of Second Reading - Short Debate
  5/22/2019HouseHouse Floor Amendment No. 1 Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 016-000-000
  5/23/2019HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Fred Crespo
  5/23/2019HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/24/2019HouseAlternate Chief Co-Sponsor Removed Rep. Natalie A. Manley
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley
  5/24/2019HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers
  5/24/2019HouseHouse Floor Amendment No. 2 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Dan Ugaste
  5/24/2019HouseAdded Alternate Co-Sponsor Rep. Mark Batinick
  5/24/2019HouseFinal Action Deadline Extended-9(b) May 31, 2019
  5/27/2019HouseHouse Floor Amendment No. 2 Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 017-000-000
  5/28/2019HouseHouse Floor Amendment No. 1 Adopted
  5/28/2019HouseHouse Floor Amendment No. 2 Adopted
  5/28/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/28/2019HouseThird Reading - Short Debate - Passed 115-000-000
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Diane Pappas
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Terra Costa Howard
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Thomas Morrison
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Camille Y. Lilly
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Sue Scherer
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Stephanie A. Kifowit
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Lance Yednock
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Michael Halpin
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Monica Bristow
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Lawrence Walsh, Jr.
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Nathan D. Reitz
  5/28/2019HouseAdded Alternate Co-Sponsor Rep. Grant Wehrli
  5/29/2019SenateSecretary's Desk - Concurrence House Amendment(s) 1, 2
  5/29/2019SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 30, 2019
  5/29/2019SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. Iris Y. Martinez
  5/29/2019SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/29/2019SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Iris Y. Martinez
  5/29/2019SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Assignments
  5/29/2019SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Education
  5/29/2019SenateHouse Floor Amendment No. 2 Motion to Concur Assignments Referred to Education
  5/30/2019SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Education; 013-000-000
  5/30/2019SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Education; 013-000-000
  5/30/2019SenateAdded as Co-Sponsor Sen. Ann Gillespie
  5/30/2019SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  5/30/2019SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  5/30/2019SenateHouse Floor Amendment No. 1 Senate Concurs 059-000-000
  5/30/2019SenateHouse Floor Amendment No. 2 Senate Concurs 059-000-000
  5/30/2019SenateSenate Concurs
  5/30/2019SenatePassed Both Houses
  6/28/2019SenateSent to the Governor
  8/23/2019SenateGovernor Approved
  8/23/2019SenateEffective Date August 23, 2019
  8/23/2019SenatePublic Act . . . . . . . . . 101-0531