HB3819 101ST GENERAL ASSEMBLY

LRB101 11472 AXK 57198 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3819

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.69 new
105 ILCS 5/34-18.61 new

Amends the School Code. Provides that, if a school district or person who is a contractor to the district takes disciplinary action, including requiring a paid or unpaid leave of absence, against an employee who is an educator licensed under the Educator Licensure Article of the Code or an employee of the contractor because of an allegation made against that employee that involves a violation of the Criminal Code of 2012 and the offense is sexually motivated, the school district must report the allegation, including the name of the employee, to (i) all persons employed by the school district or by the contractor who have duties within the school to which that employee is assigned and (ii) all parents or guardians of students attending the school to which that employee is assigned; defines "sexually motivated". Provides that if a school district makes a report and, subsequent to the reporting, the employee who was the subject of the report has been exonerated from the allegation, the school district must report the exoneration to all persons who received the initial report. Requires the State Board of Education to adopt rules. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Sections 10-20.69 and 34-18.61 as follows:

(105 ILCS 5/10-20.69 new)

Sec. 10-20.69. Employee disciplinary action; report.

(a) In this Section, "sexually motivated" has the meaning given to that term under Section 10 of the Sex Offender Management Board Act.

(b) Notwithstanding any other provision of law, if a school district or person who is a contractor to the district takes disciplinary action, including requiring a paid or unpaid leave of absence, against an employee who is an educator licensed under Article 21B or an employee of the contractor because of an allegation made against that employee that involves a violation of the Criminal Code of 2012 and the offense is sexually motivated, the school district must report the allegation, including the name of the employee, to (i) all persons employed by the school district or by the contractor who have duties within the school to which that employee is assigned and (ii) all parents or guardians of students attending the school to which that employee is assigned.

(c) If a school district makes a report under subsection (b) and, subsequent to the reporting, the employee who was the subject of the report has been exonerated from the allegation, the school district must report the exoneration to all persons who received the initial report.

(d) The State Board of Education must adopt rules to implement this Section.

(105 ILCS 5/34-18.61 new)

Sec. 34-18.61. Employee disciplinary action; report.

(a) In this Section, "sexually motivated" has the meaning given to that term under Section 10 of the Sex Offender Management Board Act.

(b) Notwithstanding any other provision of law, if the school district or a person who is a contractor to the district takes disciplinary action, including requiring a paid or unpaid leave of absence, against an employee who is an educator licensed under Article 21B or an employee of the contractor because of an allegation made against that employee that involves a violation of the Criminal Code of 2012 and the offense is sexually motivated, the school district must report the allegation, including the name of the employee, to (i) all persons employed by the school district or by the contractor who have duties within the school to which that employee is assigned and (ii) all parents or guardians of students attending the school to which that employee is assigned.

(c) If the school district makes a report under subsection (b) and, subsequent to the reporting, the employee who was the subject of the report has been exonerated from the allegation, the school district must report the exoneration to all persons who received the initial report.

(d) The State Board of Education must adopt rules to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.