Illinois General Assembly - Full Text of HB2859
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Full Text of HB2859  102nd General Assembly

HB2859 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2859

 

Introduced 2/19/2021, by Rep. Daniel Swanson

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5  from Ch. 122, par. 34-18.5

    Amends the School Code. Provides that a school district seeking to employ a substitute teacher may use information in the Educator Licensure Information System rather than initiating its own criminal history records check or check of the Statewide Sex Offender Database or Statewide Murderer and Violent Offender Against Youth Database. Effective immediately.


LRB102 03979 CMG 13995 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2859LRB102 03979 CMG 13995 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9 and 34-18.5 as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks
8of the Statewide Sex Offender Database and Statewide Murderer
9and Violent Offender Against Youth Database.
10    (a) Licensed and nonlicensed applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any disqualifying,
15enumerated criminal or drug offenses in subsection (c) of this
16Section or have been convicted, within 7 years of the
17application for employment with the school district, of any
18other felony under the laws of this State or of any offense
19committed or attempted in any other state or against the laws
20of the United States that, if committed or attempted in this
21State, would have been punishable as a felony under the laws of
22this State. Authorization for the check shall be furnished by
23the applicant to the school district, except that if the

 

 

HB2859- 2 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 3 -LRB102 03979 CMG 13995 b

1forever and hereinafter, until expunged, to the president of
2the school board for the school district that requested the
3check, or to the regional superintendent who requested the
4check. The Department shall charge the school district or the
5appropriate regional superintendent a fee for conducting such
6check, which fee shall be deposited in the State Police
7Services Fund and shall not exceed the cost of the inquiry; and
8the applicant shall not be charged a fee for such check by the
9school district or by the regional superintendent, except that
10those applicants seeking employment as a substitute teacher
11with a school district may be charged a fee not to exceed the
12cost of the inquiry. Subject to appropriations for these
13purposes, the State Superintendent of Education shall
14reimburse school districts and regional superintendents for
15fees paid to obtain criminal history records checks under this
16Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender
19Database, as authorized by the Sex Offender Community
20Notification Law, for each applicant. The check of the
21Statewide Sex Offender Database must be conducted by the
22school district or regional superintendent once for every 5
23years that an applicant remains employed by the school
24district.
25    (a-6) The school district or regional superintendent shall
26further perform a check of the Statewide Murderer and Violent

 

 

HB2859- 4 -LRB102 03979 CMG 13995 b

1Offender Against Youth Database, as authorized by the Murderer
2and Violent Offender Against Youth Community Notification Law,
3for each applicant. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the
5school district or regional superintendent once for every 5
6years that an applicant remains employed by the school
7district.
8    (b) Any information concerning the record of convictions
9obtained by the president of the school board or the regional
10superintendent shall be confidential and may only be
11transmitted to the superintendent of the school district or
12his designee, the appropriate regional superintendent if the
13check was requested by the school district, the presidents of
14the appropriate school boards if the check was requested from
15the Department of State Police by the regional superintendent,
16the State Board of Education and a school district as
17authorized under subsection (b-5), the State Superintendent of
18Education, the State Educator Preparation and Licensure Board,
19any other person necessary to the decision of hiring the
20applicant for employment, or for clarification purposes the
21Department of State Police or Statewide Sex Offender Database,
22or both. A copy of the record of convictions obtained from the
23Department of State Police shall be provided to the applicant
24for employment. Upon the check of the Statewide Sex Offender
25Database or Statewide Murderer and Violent Offender Against
26Youth Database, the school district or regional superintendent

 

 

HB2859- 5 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 6 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 7 -LRB102 03979 CMG 13995 b

1receives information on an applicant under this subsection,
2then it must indicate in the Educator Licensure Information
3System for a 90-day period that the applicant has been issued
4or has not been issued a certificate. Notwithstanding
5subsection (b), a school district seeking to employ the
6substitute teacher may use the information in the Educator
7Licensure Information System rather than initiating its own
8criminal history records check or check of the Statewide Sex
9Offender Database or Statewide Murderer and Violent Offender
10Against Youth Database under this Section.
11    (c) No school board shall knowingly employ a person who
12has been convicted of any offense that would subject him or her
13to license suspension or revocation pursuant to Section 21B-80
14of this Code, except as provided under subsection (b) of
15Section 21B-80. Further, no school board shall knowingly
16employ a person who has been found to be the perpetrator of
17sexual or physical abuse of any minor under 18 years of age
18pursuant to proceedings under Article II of the Juvenile Court
19Act of 1987. As a condition of employment, each school board
20must consider the status of a person who has been issued an
21indicated finding of abuse or neglect of a child by the
22Department of Children and Family Services under the Abused
23and Neglected Child Reporting Act or by a child welfare agency
24of another jurisdiction.
25    (d) No school board shall knowingly employ a person for
26whom a criminal history records check and a Statewide Sex

 

 

HB2859- 8 -LRB102 03979 CMG 13995 b

1Offender Database check have not been initiated.
2    (e) Within 10 days after a superintendent, regional office
3of education, or entity that provides background checks of
4license holders to public schools receives information of a
5pending criminal charge against a license holder for an
6offense set forth in Section 21B-80 of this Code, the
7superintendent, regional office of education, or entity must
8notify the State Superintendent of Education of the pending
9criminal charge.
10    If permissible by federal or State law, no later than 15
11business days after receipt of a record of conviction or of
12checking the Statewide Murderer and Violent Offender Against
13Youth Database or the Statewide Sex Offender Database and
14finding a registration, the superintendent of the employing
15school board or the applicable regional superintendent shall,
16in writing, notify the State Superintendent of Education of
17any license holder who has been convicted of a crime set forth
18in Section 21B-80 of this Code. Upon receipt of the record of a
19conviction of or a finding of child abuse by a holder of any
20license issued pursuant to Article 21B or Section 34-8.1 or
2134-83 of the School Code, the State Superintendent of
22Education may initiate licensure suspension and revocation
23proceedings as authorized by law. If the receipt of the record
24of conviction or finding of child abuse is received within 6
25months after the initial grant of or renewal of a license, the
26State Superintendent of Education may rescind the license

 

 

HB2859- 9 -LRB102 03979 CMG 13995 b

1holder's license.
2    (e-5) The superintendent of the employing school board
3shall, in writing, notify the State Superintendent of
4Education and the applicable regional superintendent of
5schools of any license holder whom he or she has reasonable
6cause to believe has committed an intentional act of abuse or
7neglect with the result of making a child an abused child or a
8neglected child, as defined in Section 3 of the Abused and
9Neglected Child Reporting Act, and that act resulted in the
10license holder's dismissal or resignation from the school
11district. This notification must be submitted within 30 days
12after the dismissal or resignation. The license holder must
13also be contemporaneously sent a copy of the notice by the
14superintendent. All correspondence, documentation, and other
15information so received by the regional superintendent of
16schools, the State Superintendent of Education, the State
17Board of Education, or the State Educator Preparation and
18Licensure Board under this subsection (e-5) is confidential
19and must not be disclosed to third parties, except (i) as
20necessary for the State Superintendent of Education or his or
21her designee to investigate and prosecute pursuant to Article
2221B of this Code, (ii) pursuant to a court order, (iii) for
23disclosure to the license holder or his or her representative,
24or (iv) as otherwise provided in this Article and provided
25that any such information admitted into evidence in a hearing
26is exempt from this confidentiality and non-disclosure

 

 

HB2859- 10 -LRB102 03979 CMG 13995 b

1requirement. Except for an act of willful or wanton
2misconduct, any superintendent who provides notification as
3required in this subsection (e-5) shall have immunity from any
4liability, whether civil or criminal or that otherwise might
5result by reason of such action.
6    (f) After January 1, 1990 the provisions of this Section
7shall apply to all employees of persons or firms holding
8contracts with any school district including, but not limited
9to, food service workers, school bus drivers and other
10transportation employees, who have direct, daily contact with
11the pupils of any school in such district. For purposes of
12criminal history records checks and checks of the Statewide
13Sex Offender Database on employees of persons or firms holding
14contracts with more than one school district and assigned to
15more than one school district, the regional superintendent of
16the educational service region in which the contracting school
17districts are located may, at the request of any such school
18district, be responsible for receiving the authorization for a
19criminal history records check prepared by each such employee
20and submitting the same to the Department of State Police and
21for conducting a check of the Statewide Sex Offender Database
22for each employee. Any information concerning the record of
23conviction and identification as a sex offender of any such
24employee obtained by the regional superintendent shall be
25promptly reported to the president of the appropriate school
26board or school boards.

 

 

HB2859- 11 -LRB102 03979 CMG 13995 b

1    (f-5) Upon request of a school or school district, any
2information obtained by a school district pursuant to
3subsection (f) of this Section within the last year must be
4made available to the requesting school or school district.
5    (g) Prior to the commencement of any student teaching
6experience or required internship (which is referred to as
7student teaching in this Section) in the public schools, a
8student teacher is required to authorize a fingerprint-based
9criminal history records check. Authorization for and payment
10of the costs of the check must be furnished by the student
11teacher to the school district where the student teaching is
12to be completed. Upon receipt of this authorization and
13payment, the school district shall submit the student
14teacher's name, sex, race, date of birth, social security
15number, fingerprint images, and other identifiers, as
16prescribed by the Department of State Police, to the
17Department of State Police. The Department of State Police and
18the Federal Bureau of Investigation shall furnish, pursuant to
19a fingerprint-based criminal history records check, records of
20convictions, forever and hereinafter, until expunged, to the
21president of the school board for the school district that
22requested the check. The Department shall charge the school
23district a fee for conducting the check, which fee must not
24exceed the cost of the inquiry and must be deposited into the
25State Police Services Fund. The school district shall further
26perform a check of the Statewide Sex Offender Database, as

 

 

HB2859- 12 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 13 -LRB102 03979 CMG 13995 b

1provided under subsection (b) of Section 21B-80. Further, no
2school board shall allow a person to student teach if he or she
3has been found to be the perpetrator of sexual or physical
4abuse of a minor under 18 years of age pursuant to proceedings
5under Article II of the Juvenile Court Act of 1987. Each school
6board must consider the status of a person to student teach who
7has been issued an indicated finding of abuse or neglect of a
8child by the Department of Children and Family Services under
9the Abused and Neglected Child Reporting Act or by a child
10welfare agency of another jurisdiction.
11    (h) (Blank).
12(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
13101-643, eff. 6-18-20.)
 
14    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
15    Sec. 34-18.5. Criminal history records checks and checks
16of the Statewide Sex Offender Database and Statewide Murderer
17and Violent Offender Against Youth Database.
18    (a) Licensed and nonlicensed applicants for employment
19with the school district are required as a condition of
20employment to authorize a fingerprint-based criminal history
21records check to determine if such applicants have been
22convicted of any disqualifying, enumerated criminal or drug
23offense in subsection (c) of this Section or have been
24convicted, within 7 years of the application for employment
25with the school district, of any other felony under the laws of

 

 

HB2859- 14 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 15 -LRB102 03979 CMG 13995 b

1seeking employment as a substitute or concurrent part-time
2teacher or concurrent educational support personnel employee
3that the check of the applicant has been requested. The
4Department of State Police and the Federal Bureau of
5Investigation shall furnish, pursuant to a fingerprint-based
6criminal history records check, records of convictions,
7forever and hereinafter, until expunged, to the president of
8the school board for the school district that requested the
9check, or to the regional superintendent who requested the
10check. The Department shall charge the school district or the
11appropriate regional superintendent a fee for conducting such
12check, which fee shall be deposited in the State Police
13Services Fund and shall not exceed the cost of the inquiry; and
14the applicant shall not be charged a fee for such check by the
15school district or by the regional superintendent. Subject to
16appropriations for these purposes, the State Superintendent of
17Education shall reimburse the school district and regional
18superintendent for fees paid to obtain criminal history
19records checks under this Section.
20    (a-5) The school district or regional superintendent shall
21further perform a check of the Statewide Sex Offender
22Database, as authorized by the Sex Offender Community
23Notification Law, for each applicant. The check of the
24Statewide Sex Offender Database must be conducted by the
25school district or regional superintendent once for every 5
26years that an applicant remains employed by the school

 

 

HB2859- 16 -LRB102 03979 CMG 13995 b

1district.
2    (a-6) The school district or regional superintendent shall
3further perform a check of the Statewide Murderer and Violent
4Offender Against Youth Database, as authorized by the Murderer
5and Violent Offender Against Youth Community Notification Law,
6for each applicant. The check of the Murderer and Violent
7Offender Against Youth Database must be conducted by the
8school district or regional superintendent once for every 5
9years that an applicant remains employed by the school
10district.
11    (b) Any information concerning the record of convictions
12obtained by the president of the board of education or the
13regional superintendent shall be confidential and may only be
14transmitted to the general superintendent of the school
15district or his designee, the appropriate regional
16superintendent if the check was requested by the board of
17education for the school district, the presidents of the
18appropriate board of education or school boards if the check
19was requested from the Department of State Police by the
20regional superintendent, the State Board of Education and the
21school district as authorized under subsection (b-5), the
22State Superintendent of Education, the State Educator
23Preparation and Licensure Board or any other person necessary
24to the decision of hiring the applicant for employment. A copy
25of the record of convictions obtained from the Department of
26State Police shall be provided to the applicant for

 

 

HB2859- 17 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 18 -LRB102 03979 CMG 13995 b

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

 

 

HB2859- 19 -LRB102 03979 CMG 13995 b

1superintendent may disclose to the State Board of Education
2whether the applicant has been issued a certificate under
3subsection (b) based on those checks. If the State Board
4receives information on an applicant under this subsection,
5then it must indicate in the Educator Licensure Information
6System for a 90-day period that the applicant has been issued
7or has not been issued a certificate. Notwithstanding
8subsection (b), the school district may use the information in
9the Educator Licensure Information System rather than
10initiating its own criminal history records check or check of
11the Statewide Sex Offender Database or Statewide Murderer and
12Violent Offender Against Youth Database under this Section.
13    (c) The board of education shall not knowingly employ a
14person who has been convicted of any offense that would
15subject him or her to license suspension or revocation
16pursuant to Section 21B-80 of this Code, except as provided
17under subsection (b) of 21B-80. Further, the board of
18education shall not knowingly employ a person who has been
19found to be the perpetrator of sexual or physical abuse of any
20minor under 18 years of age pursuant to proceedings under
21Article II of the Juvenile Court Act of 1987. As a condition of
22employment, the board of education must consider the status of
23a person who has been issued an indicated finding of abuse or
24neglect of a child by the Department of Children and Family
25Services under the Abused and Neglected Child Reporting Act or
26by a child welfare agency of another jurisdiction.

 

 

HB2859- 20 -LRB102 03979 CMG 13995 b

1    (d) The board of education shall not knowingly employ a
2person for whom a criminal history records check and a
3Statewide Sex Offender Database check have not been initiated.
4    (e) Within 10 days after the general superintendent of
5schools, a regional office of education, or an entity that
6provides background checks of license holders to public
7schools receives information of a pending criminal charge
8against a license holder for an offense set forth in Section
921B-80 of this Code, the superintendent, regional office of
10education, or entity must notify the State Superintendent of
11Education of the pending criminal charge.
12    No later than 15 business days after receipt of a record of
13conviction or of checking the Statewide Murderer and Violent
14Offender Against Youth Database or the Statewide Sex Offender
15Database and finding a registration, the general
16superintendent of schools or the applicable regional
17superintendent shall, in writing, notify the State
18Superintendent of Education of any license holder who has been
19convicted of a crime set forth in Section 21B-80 of this Code.
20Upon receipt of the record of a conviction of or a finding of
21child abuse by a holder of any license issued pursuant to
22Article 21B or Section 34-8.1 or 34-83 of this Code, the State
23Superintendent of Education may initiate licensure suspension
24and revocation proceedings as authorized by law. If the
25receipt of the record of conviction or finding of child abuse
26is received within 6 months after the initial grant of or

 

 

HB2859- 21 -LRB102 03979 CMG 13995 b

1renewal of a license, the State Superintendent of Education
2may rescind the license holder's license.
3    (e-5) The general superintendent of schools shall, in
4writing, notify the State Superintendent of Education of any
5license holder whom he or she has reasonable cause to believe
6has committed an intentional act of abuse or neglect with the
7result of making a child an abused child or a neglected child,
8as defined in Section 3 of the Abused and Neglected Child
9Reporting Act, and that act resulted in the license holder's
10dismissal or resignation from the school district. This
11notification must be submitted within 30 days after the
12dismissal or resignation. The license holder must also be
13contemporaneously sent a copy of the notice by the
14superintendent. All correspondence, documentation, and other
15information so received by the State Superintendent of
16Education, the State Board of Education, or the State Educator
17Preparation and Licensure Board under this subsection (e-5) is
18confidential and must not be disclosed to third parties,
19except (i) as necessary for the State Superintendent of
20Education or his or her designee to investigate and prosecute
21pursuant to Article 21B of this Code, (ii) pursuant to a court
22order, (iii) for disclosure to the license holder or his or her
23representative, or (iv) as otherwise provided in this Article
24and provided that any such information admitted into evidence
25in a hearing is exempt from this confidentiality and
26non-disclosure requirement. Except for an act of willful or

 

 

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1wanton misconduct, any superintendent who provides
2notification as required in this subsection (e-5) shall have
3immunity from any liability, whether civil or criminal or that
4otherwise might result by reason of such action.
5    (f) After March 19, 1990, the provisions of this Section
6shall apply to all employees of persons or firms holding
7contracts with any school district including, but not limited
8to, food service workers, school bus drivers and other
9transportation employees, who have direct, daily contact with
10the pupils of any school in such district. For purposes of
11criminal history records checks and checks of the Statewide
12Sex Offender Database on employees of persons or firms holding
13contracts with more than one school district and assigned to
14more than one school district, the regional superintendent of
15the educational service region in which the contracting school
16districts are located may, at the request of any such school
17district, be responsible for receiving the authorization for a
18criminal history records check prepared by each such employee
19and submitting the same to the Department of State Police and
20for conducting a check of the Statewide Sex Offender Database
21for each employee. Any information concerning the record of
22conviction and identification as a sex offender of any such
23employee obtained by the regional superintendent shall be
24promptly reported to the president of the appropriate school
25board or school boards.
26    (f-5) Upon request of a school or school district, any

 

 

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1information obtained by the school district pursuant to
2subsection (f) of this Section within the last year must be
3made available to the requesting school or school district.
4    (g) Prior to the commencement of any student teaching
5experience or required internship (which is referred to as
6student teaching in this Section) in the public schools, a
7student teacher is required to authorize a fingerprint-based
8criminal history records check. Authorization for and payment
9of the costs of the check must be furnished by the student
10teacher to the school district. Upon receipt of this
11authorization and payment, the school district shall submit
12the student teacher's name, sex, race, date of birth, social
13security number, fingerprint images, and other identifiers, as
14prescribed by the Department of State Police, to the
15Department of State Police. The Department of State Police and
16the Federal Bureau of Investigation shall furnish, pursuant to
17a fingerprint-based criminal history records check, records of
18convictions, forever and hereinafter, until expunged, to the
19president of the board. The Department shall charge the school
20district a fee for conducting the check, which fee must not
21exceed the cost of the inquiry and must be deposited into the
22State Police Services Fund. The school district shall further
23perform a check of the Statewide Sex Offender Database, as
24authorized by the Sex Offender Community Notification Law, and
25of the Statewide Murderer and Violent Offender Against Youth
26Database, as authorized by the Murderer and Violent Offender

 

 

HB2859- 24 -LRB102 03979 CMG 13995 b

1Against Youth Registration Act, for each student teacher. The
2board may not knowingly allow a person to student teach for
3whom a criminal history records check, a Statewide Sex
4Offender Database check, and a Statewide Murderer and Violent
5Offender Against Youth Database check have not been completed
6and reviewed by the district.
7    A copy of the record of convictions obtained from the
8Department of State Police must be provided to the student
9teacher. Any information concerning the record of convictions
10obtained by the president of the board is confidential and may
11only be transmitted to the general superintendent of schools
12or his or her designee, the State Superintendent of Education,
13the State Educator Preparation and Licensure Board, or, for
14clarification purposes, the Department of State Police or the
15Statewide Sex Offender Database or Statewide Murderer and
16Violent Offender Against Youth Database. Any unauthorized
17release of confidential information may be a violation of
18Section 7 of the Criminal Identification Act.
19    The board may not knowingly allow a person to student
20teach who has been convicted of any offense that would subject
21him or her to license suspension or revocation pursuant to
22subsection (c) of Section 21B-80 of this Code, except as
23provided under subsection (b) of Section 21B-80. Further, the
24board may not allow a person to student teach if he or she has
25been found to be the perpetrator of sexual or physical abuse of
26a minor under 18 years of age pursuant to proceedings under

 

 

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