Full Text of HB2002 94th General Assembly
HB2002ham003 94TH GENERAL ASSEMBLY
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Rep. Lisa M. Dugan
Filed: 4/12/2005
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09400HB2002ham003 |
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LRB094 02827 NHT 45044 a |
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| AMENDMENT TO HOUSE BILL 2002
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| AMENDMENT NO. ______. Amend House Bill 2002 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 21-23 as follows:
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| (105 ILCS 5/21-23) (from Ch. 122, par. 21-23)
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| Sec. 21-23. Suspension or revocation of certificate.
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| (a) Any certificate issued pursuant to this Article, | 9 |
| including but not
limited to any administrative certificate or | 10 |
| endorsement,
may be suspended
for a
period not to exceed one | 11 |
| calendar year by the regional
superintendent or for a period | 12 |
| not to exceed 5 calendar years by the
State Superintendent of | 13 |
| Education upon evidence of immorality, a condition
of health | 14 |
| detrimental to the welfare of pupils, incompetency,
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| unprofessional conduct, the neglect of any professional duty, | 16 |
| willful
failure to report an instance of suspected child abuse | 17 |
| or neglect as
required by the Abused and Neglected Child | 18 |
| Reporting Act, failure to
establish satisfactory repayment on | 19 |
| an educational loan guaranteed by the
Illinois Student | 20 |
| Assistance Commission,
or other just cause. Unprofessional | 21 |
| conduct shall
include refusal to attend or participate in, | 22 |
| institutes, teachers' meetings,
professional readings, or to | 23 |
| meet other reasonable requirements of the
regional | 24 |
| superintendent or State Superintendent of Education. |
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| Unprofessional
conduct also includes conduct that violates the | 2 |
| standards,
ethics, or rules
applicable to the security, | 3 |
| administration, monitoring, or scoring of, or the
reporting of | 4 |
| scores from, any assessment test or the Prairie State | 5 |
| Achievement
Examination administered
under Section 2-3.64 or | 6 |
| that is known or intended to produce or report
manipulated or | 7 |
| artificial, rather than actual, assessment or achievement
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| results
or gains from the administration of those tests or | 9 |
| examinations. It shall
also include neglect or unnecessary | 10 |
| delay in making of statistical and
other reports required by | 11 |
| school officers. The regional superintendent
or State | 12 |
| Superintendent of Education shall upon receipt of evidence of
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| immorality, a condition of health detrimental to the welfare of | 14 |
| pupils,
incompetency, unprofessional conduct, the neglect of | 15 |
| any professional
duty or other just cause serve written notice | 16 |
| to the individual and
afford the individual opportunity for a | 17 |
| hearing prior to suspension. If
a hearing is requested within | 18 |
| 10 days of notice of opportunity for
hearing it shall act as a | 19 |
| stay of proceedings not to exceed 30 days, unless the | 20 |
| individual requests a delay. In such an instance, the stay of | 21 |
| proceedings must be continued for another 30 days. No
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| certificate shall be suspended until the teacher has an | 23 |
| opportunity for
a hearing at the educational service region. | 24 |
| When a certificate is
suspended, the right of appeal shall lie | 25 |
| to the State Teacher
Certification Board. When an appeal is | 26 |
| taken within 10 days after
notice of suspension it shall act as | 27 |
| a stay of proceedings not to exceed
120 days. If a certificate | 28 |
| is suspended for a period greater than one
year, the State | 29 |
| Superintendent of Education shall review the suspension
prior | 30 |
| to the expiration of that period to determine whether the cause | 31 |
| for
the suspension has been remedied or continues to exist. | 32 |
| Upon determining
that the cause for suspension has not abated, | 33 |
| the State Superintendent of
Education may order that the | 34 |
| suspension be continued for an appropriate
period. Nothing in |
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LRB094 02827 NHT 45044 a |
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| this Section prohibits the continuance of such a
suspension for | 2 |
| an indefinite period if the State Superintendent determines
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| that the cause for the suspension remains unabated. Any | 4 |
| certificate may be
revoked for the same reasons as for | 5 |
| suspension by the State Superintendent
of Education. No | 6 |
| certificate shall be revoked until the teacher has an
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| opportunity for a hearing before the State Teacher | 8 |
| Certification Board,
which hearing must be held within 120
days | 9 |
| from the date the appeal is taken, unless the State Teacher | 10 |
| Certification Board requests a delay. In such an instance, the | 11 |
| stay of the revocation proceedings must be continued until the | 12 |
| completion of the proceedings.
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| The State Board may refuse to issue or may suspend the
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| certificate of any person who fails to file a return, or to pay | 15 |
| the tax,
penalty or interest shown in a filed return, or to pay | 16 |
| any final assessment
of tax, penalty or interest, as required | 17 |
| by any tax Act administered by the
Illinois Department of | 18 |
| Revenue, until such time as the requirements of any
such tax | 19 |
| Act are satisfied.
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| (a-5) Any certificate issued pursuant to this Article may | 21 |
| be suspended
for a
period not to exceed one calendar year by | 22 |
| the regional
superintendent or for a period not to exceed 5 | 23 |
| calendar years by the
State Superintendent of Education upon | 24 |
| evidence that the holder: | 25 |
| (1) was previously accused of a sex offense, as defined | 26 |
| in subsection (a) of Section 21-23a of this Code, and later | 27 |
| convicted of a lesser offense pursuant to a plea bargain, | 28 |
| regardless of whether or not the ultimate conviction was | 29 |
| required to be disclosed on any application materials; | 30 |
| (2) was previously accused of a sex offense, as defined | 31 |
| in subsection (a) of Section 21-23a of this Code, and | 32 |
| failed to disclose that fact and its outcome during the | 33 |
| application and hiring process; or | 34 |
| (3) has been arrested and charged with a sex offense, |
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LRB094 02827 NHT 45044 a |
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| as defined in subsection (a) of Section 21-23a of this | 2 |
| Code. | 3 |
| Upon receipt of such evidence, the regional superintendent | 4 |
| or State Superintendent of Education shall serve written notice | 5 |
| to the individual and
afford the individual an opportunity for | 6 |
| a hearing prior to the suspension. If
a hearing is requested | 7 |
| within 10 days after notice of the opportunity for
a hearing, | 8 |
| it shall act as a stay of proceedings not to exceed 30 days, | 9 |
| unless the individual requests a delay. In such an instance, | 10 |
| the stay of proceedings must be continued for another 30 days. | 11 |
| No
certificate may be suspended until the individual has an | 12 |
| opportunity for
a hearing at the educational service region. | 13 |
| However, the school board or regional superintendent has the | 14 |
| authority, pursuant to this Section, to remove the individual | 15 |
| from his or her duties, particularly those duties that involve | 16 |
| contact with students, if it is deemed necessary for the safety | 17 |
| and welfare of students. | 18 |
| When a certificate is
suspended, the right of appeal shall | 19 |
| lie to the State Teacher
Certification Board. When an appeal is | 20 |
| taken within 10 days after
notice of the suspension, it shall | 21 |
| act as a stay of proceedings not to exceed
120 days. | 22 |
| If a certificate is suspended for a period greater than one
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| year, the State Superintendent of Education shall review the | 24 |
| suspension
prior to the expiration of that period to determine | 25 |
| whether the cause for
the suspension has been remedied or | 26 |
| continues to exist. Upon determining
that the cause for | 27 |
| suspension has not abated, the State Superintendent of
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| Education may order that the suspension be continued for an | 29 |
| appropriate
period. Nothing in this Section prohibits the | 30 |
| continuance of such a
suspension for an indefinite period if | 31 |
| the State Superintendent of Education determines
that the cause | 32 |
| for the suspension remains unabated. | 33 |
| Any certificate may be
revoked for the same reasons as for | 34 |
| suspension by the State Superintendent
of Education. No |
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09400HB2002ham003 |
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LRB094 02827 NHT 45044 a |
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| certificate may be revoked until the individual has an
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| opportunity for a hearing before the State Teacher | 3 |
| Certification Board,
which hearing must be held within 120
days | 4 |
| after the date the appeal is taken, unless the State Teacher | 5 |
| Certification Board requests a delay. In such an instance, the | 6 |
| stay of the revocation proceedings must be continued until the | 7 |
| completion of the proceedings.
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| (b) Any certificate issued pursuant to this Article may be | 9 |
| suspended
for an appropriate length of time as determined by | 10 |
| either the regional
superintendent or State Superintendent of | 11 |
| Education upon evidence that the
holder of the certificate has | 12 |
| been named as a perpetrator in an indicated
report filed | 13 |
| pursuant to the Abused and Neglected Child Reporting Act,
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| approved June 26, 1975, as amended, and upon proof by clear and | 15 |
| convincing
evidence that the licensee has caused a child to be | 16 |
| an abused child or
neglected child as defined in the Abused and | 17 |
| Neglected Child Reporting Act.
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| The regional superintendent or State Superintendent of | 19 |
| Education shall,
upon receipt of evidence that the certificate | 20 |
| holder has been named a
perpetrator in any indicated report, | 21 |
| serve written notice to the individual
and afford the | 22 |
| individual opportunity for a hearing prior to suspension.
If a | 23 |
| hearing is requested within 10 days of notice of opportunity | 24 |
| for
hearing, it shall act as a stay of proceedings not to | 25 |
| exceed 30 days, unless the individual requests a delay. In such | 26 |
| an instance, the stay of proceedings must be continued for | 27 |
| another 30 days. No
certificate shall be suspended until the | 28 |
| teacher has an opportunity for
a hearing at the educational | 29 |
| service region. When a certificate is
suspended, the right of | 30 |
| appeal shall lie to the State Teacher
Certification Board. When | 31 |
| an appeal is taken within 10 days after
notice of suspension it | 32 |
| shall act as a stay of proceedings not to exceed 120
days. The | 33 |
| State Superintendent may revoke any certificate upon proof at
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| hearing by clear and convincing evidence that the certificate |
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LRB094 02827 NHT 45044 a |
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| holder has
caused a child to be an abused child or neglected | 2 |
| child as defined in the
Abused and Neglected Child Reporting | 3 |
| Act. No certificate shall be revoked
until the teacher has an | 4 |
| opportunity for a hearing before the State Teacher
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| Certification Board, which hearing must be held within 120 days | 6 |
| from the
date the appeal is taken, unless the teacher or the | 7 |
| hearing officer appointed by the State Teacher Certification | 8 |
| Board requests a delay. In such an instance, the stay of the | 9 |
| revocation proceedings must be continued until the completion | 10 |
| of the proceedings.
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| (c) The State Superintendent of Education or a person | 12 |
| designated by him
shall have the power to administer oaths to | 13 |
| witnesses at any hearing
conducted before the State Teacher | 14 |
| Certification Board pursuant to this
Section. The State | 15 |
| Superintendent of Education or a person designated by
him is | 16 |
| authorized to subpoena and bring before the State Teacher
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| Certification Board any person in this State and to take | 18 |
| testimony either
orally or by deposition or by exhibit, with | 19 |
| the same fees and mileage and
in the same manner as prescribed | 20 |
| by law in judicial proceedings in the
civil cases in circuit | 21 |
| courts of this State.
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| Any circuit court, upon the application of the State | 23 |
| Superintendent of
Education, may, by order duly entered, | 24 |
| require the attendance of witnesses
and the production of | 25 |
| relevant books and papers at any hearing the State
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| Superintendent of Education is authorized to conduct pursuant | 27 |
| to this Section,
and the court may compel obedience to its | 28 |
| orders by proceedings for contempt.
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| (d) As used in this Section, "teacher" means any school | 30 |
| district employee
regularly required to be certified, as | 31 |
| provided in this Article, in order to
teach or supervise in the | 32 |
| public schools.
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| (Source: P.A. 93-679, eff. 6-30-04.)".
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