Full Text of HB5863 96th General Assembly
HB5863enr 96TH GENERAL ASSEMBLY
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HB5863 Enrolled |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-21.9 and 21-9 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 of | 8 |
| the Statewide Sex Offender Database and Statewide Child | 9 |
| Murderer and Violent Offender Against Youth Database. | 10 |
| (a) Certified and noncertified applicants for employment | 11 |
| with a school
district, except school bus driver applicants, | 12 |
| are required as a condition
of employment to authorize a | 13 |
| fingerprint-based criminal history records check to determine | 14 |
| if such applicants have been convicted of any of
the enumerated | 15 |
| criminal or drug offenses in subsection (c) of this Section or
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| have been convicted, within 7 years of the application for | 17 |
| employment with
the
school district, of any other felony under | 18 |
| the laws of this State or of any
offense committed or attempted | 19 |
| in any other state or against the laws of
the United States | 20 |
| that, if committed or attempted in this State, would
have been | 21 |
| punishable as a felony under the laws of this State.
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| Authorization for
the check shall be furnished by the applicant | 23 |
| to
the school district, except that if the applicant is a |
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| substitute teacher
seeking employment in more than one school | 2 |
| district, a teacher seeking
concurrent part-time employment | 3 |
| positions with more than one school
district (as a reading | 4 |
| specialist, special education teacher or otherwise),
or an | 5 |
| educational support personnel employee seeking employment | 6 |
| positions
with more than one district, any such district may | 7 |
| require the applicant to
furnish authorization for
the check to | 8 |
| the regional superintendent
of the educational service region | 9 |
| in which are located the school districts
in which the | 10 |
| applicant is seeking employment as a substitute or concurrent
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| part-time teacher or concurrent educational support personnel | 12 |
| employee.
Upon receipt of this authorization, the school | 13 |
| district or the appropriate
regional superintendent, as the | 14 |
| case may be, shall submit the applicant's
name, sex, race, date | 15 |
| of birth, social security number, fingerprint images, and other | 16 |
| identifiers, as prescribed by the Department
of State Police, | 17 |
| to the Department. The regional
superintendent submitting the | 18 |
| requisite information to the Department of
State Police shall | 19 |
| promptly notify the school districts in which the
applicant is | 20 |
| seeking employment as a substitute or concurrent part-time
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| teacher or concurrent educational support personnel employee | 22 |
| that
the
check of the applicant has been requested. The | 23 |
| Department of State Police and the Federal Bureau of | 24 |
| Investigation shall furnish, pursuant to a fingerprint-based | 25 |
| criminal history records check, records of convictions, until | 26 |
| expunged, to the president of the school board for the school |
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| district that requested the check, or to the regional | 2 |
| superintendent who requested the check.
The
Department shall | 3 |
| charge
the school district
or the appropriate regional | 4 |
| superintendent a fee for
conducting
such check, which fee shall | 5 |
| be deposited in the State
Police Services Fund and shall not | 6 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 7 |
| charged a fee for
such check by the school
district or by the | 8 |
| regional superintendent , except that those applicants seeking | 9 |
| employment as a substitute teacher with a school district may | 10 |
| be charged a fee not to exceed the cost of the inquiry . Subject | 11 |
| to appropriations for these purposes, the State Superintendent | 12 |
| of Education shall reimburse school districts and regional | 13 |
| superintendents for fees paid to obtain criminal history | 14 |
| records 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.
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| (a-6) The school district or regional superintendent shall | 20 |
| further perform a check of the Statewide Child Murderer and | 21 |
| Violent Offender Against Youth Database, as authorized by the | 22 |
| Child Murderer and Violent Offender Against Youth Community | 23 |
| Notification Law, for each applicant.
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| (b)
Any information
concerning the record of convictions | 25 |
| obtained by the president of the
school board or the regional | 26 |
| superintendent shall be confidential and may
only be |
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| transmitted to the superintendent of the school district or his
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| designee, the appropriate regional superintendent if
the check | 3 |
| was
requested by the school district, the presidents of the | 4 |
| appropriate school
boards if
the check was requested from the | 5 |
| Department of State
Police by the regional superintendent, the | 6 |
| State Superintendent of
Education, the State Teacher | 7 |
| Certification Board or any other person
necessary to the | 8 |
| decision of hiring the applicant for employment. A copy
of the | 9 |
| record of convictions obtained from the Department of State | 10 |
| Police
shall be provided to the applicant for employment. Upon | 11 |
| the check of the Statewide Sex Offender Database, the school | 12 |
| district or regional superintendent shall notify an applicant | 13 |
| as to whether or not the applicant has been identified in the | 14 |
| Database as a sex offender. If a check of
an applicant for | 15 |
| employment as a substitute or concurrent part-time teacher
or | 16 |
| concurrent educational support personnel employee in more than | 17 |
| one
school district was requested by the regional | 18 |
| superintendent, and the
Department of State Police upon a check | 19 |
| ascertains that the applicant
has not been convicted of any of | 20 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 21 |
| has not been convicted, within 7 years of the
application for
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| employment with the
school district, of any other felony under | 23 |
| the laws of this State or of any
offense committed or attempted | 24 |
| in any other state or against the laws of
the United States | 25 |
| that, if committed or attempted in this State, would
have been | 26 |
| punishable as a felony under the laws of this State
and so |
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| notifies the regional
superintendent and if the regional | 2 |
| superintendent upon a check ascertains that the applicant has | 3 |
| not been identified in the Sex Offender Database as a sex | 4 |
| offender, then the
regional superintendent shall issue to the | 5 |
| applicant a certificate
evidencing that as of the date | 6 |
| specified by the Department of State Police
the applicant has | 7 |
| not been convicted of any of the enumerated criminal or
drug | 8 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 9 |
| years of the application for employment with the
school | 10 |
| district, of any other felony under the laws of this State or | 11 |
| of any
offense committed or attempted in any other state or | 12 |
| against the laws of
the United States that, if committed or | 13 |
| attempted in this State, would
have been punishable as a felony | 14 |
| under the laws of this State and evidencing that as of the date | 15 |
| that the regional superintendent conducted a check of the | 16 |
| Statewide Sex Offender Database, the applicant has not been | 17 |
| identified in the Database as a sex offender. The school
board | 18 |
| of
any
school district
may rely on the
certificate issued by | 19 |
| any regional superintendent to that substitute teacher, | 20 |
| concurrent part-time teacher, or concurrent educational | 21 |
| support personnel employee or may
initiate its own criminal | 22 |
| history records check of the applicant through the Department | 23 |
| of
State Police and its own check of the Statewide Sex Offender | 24 |
| Database as provided in subsection (a). Any person who releases | 25 |
| any
confidential information concerning any criminal | 26 |
| convictions of an
applicant for employment shall be guilty of a |
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| Class A misdemeanor, unless
the release of such information is | 2 |
| authorized by this Section. | 3 |
| (c) No school board shall knowingly employ a person who has | 4 |
| been
convicted of any offense that would subject him or her to | 5 |
| certification suspension or revocation pursuant to Section | 6 |
| 21-23a of this Code.
Further, no school board shall knowingly | 7 |
| employ a person who has been found
to be the perpetrator of | 8 |
| sexual or physical abuse of any minor under 18 years
of age | 9 |
| pursuant to proceedings under Article II of the Juvenile Court | 10 |
| 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 |
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| 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 |
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HB5863 Enrolled |
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| 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
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| 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 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
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| (105 ILCS 5/21-9) (from Ch. 122, par. 21-9)
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| Sec. 21-9. Substitute certificates and substitute | 22 |
| teaching.
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| (a) A
substitute teacher's certificate
may
be issued for | 24 |
| teaching in all grades of the
common schools. Such certificate
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| may be issued upon
request of the regional superintendent of
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| schools of any region in which the teacher is to
teach. A | 2 |
| substitute teacher's certificate is valid for teaching in the
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| public schools of
any county. Such certificate may be issued to | 4 |
| persons who either (a) hold
a certificate
valid for teaching in | 5 |
| the common schools as shown on the face of the
certificate,
(b) | 6 |
| hold a bachelor of arts degree from an institution of higher | 7 |
| learning
accredited by the North Central Association or other | 8 |
| comparable regional
accrediting association or have been | 9 |
| graduated from a recognized institution
of higher learning with | 10 |
| a bachelor's degree, or (c) have had 2 years of
teaching | 11 |
| experience and meet such other
rules and regulations as may be | 12 |
| adopted by the State
Board of Education in consultation with | 13 |
| the State Teacher Certification
Board. Such certificate shall | 14 |
| expire on June 30 in the fourth year from date
of issue.
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| Substitute teacher's certificates are not subject to | 16 |
| endorsement as
described in Section 21-1b of this Code.
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| (b) A teacher holding a substitute teacher's certificate | 18 |
| may teach only in
the
place of a certified teacher who is under | 19 |
| contract with the employing board and
may teach only when no | 20 |
| appropriate fully certified teacher is available to
teach in a
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| substitute capacity. A teacher holding an early childhood | 22 |
| certificate, an
elementary certificate, a high school | 23 |
| certificate, or a special
certificate may also substitute teach | 24 |
| in grades K-12 but only in the place of a
certified teacher who | 25 |
| is under contract with the employing board. A
substitute | 26 |
| teacher may teach only for a period not to exceed
90 paid |
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| school days or 450 paid school hours in any one school district | 2 |
| in any
one
school term.
However,
a teacher holding an early | 3 |
| childhood, elementary, high school, or special
certificate may | 4 |
| substitute teach for a period not to exceed 120 paid
school | 5 |
| days or 600 paid school hours in any one school district in any
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| one school term.
Where such teaching is partly on a daily and | 7 |
| partly on an hourly
basis,
a school day shall be considered as | 8 |
| 5 hours.
The teaching limitations imposed by this subsection
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| upon teachers holding substitute certificates shall
not apply | 10 |
| in any school district operating under Article 34.
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| (c) In order to substitute teach in the public schools, a | 12 |
| person holding a valid substitute teacher's certificate or a | 13 |
| person holding a valid early childhood certificate, a valid | 14 |
| elementary certificate, a valid high school certificate, or a | 15 |
| valid special certificate shall register as a substitute | 16 |
| teacher with the regional superintendent of schools in each | 17 |
| educational service region where the person will be employed. A | 18 |
| person who registers as a substitute teacher with the regional | 19 |
| superintendent of schools is responsible for (1) the payment of | 20 |
| fees to register the certificate for its period of validity, | 21 |
| (2) authorization of a criminal history records check and | 22 |
| checks of the Statewide Sex Offender Database and Statewide | 23 |
| Child Murderer and Violent Offender Against Youth Database, as | 24 |
| provided in Section 10-21.9 of this Code, (3) payment of the | 25 |
| cost of the criminal history records check and checks of the | 26 |
| Statewide Sex Offender Database and Statewide Child Murderer |
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| and Violent Offender Against Youth Database, and (4) providing | 2 |
| evidence of physical fitness and freedom from communicable | 3 |
| disease, including tuberculosis, which may consist of a | 4 |
| physical examination and a tuberculin skin test as required by | 5 |
| Section 24-5 of this Code. | 6 |
| The regional superintendent of schools shall maintain a | 7 |
| file for each registered substitute teacher in the educational | 8 |
| service region that includes a copy of the person's | 9 |
| certificate, the results from the criminal history records | 10 |
| check and checks of the Statewide Sex Offender Database and | 11 |
| Statewide Child Murderer and Violent Offender Against Youth | 12 |
| Database, a copy of the physical examination, and a copy of the | 13 |
| tuberculin skin test. The regional superintendent of schools | 14 |
| shall issue a signed and sealed certificate of authorization to | 15 |
| the substitute teacher that verifies that the substitute | 16 |
| teacher has completed the registration process and criminal | 17 |
| history records check and checks of the Statewide Sex Offender | 18 |
| Database and Statewide Child Murderer and Violent Offender | 19 |
| Against Youth Database and has a physical examination and | 20 |
| negative tuberculin test on file with the regional | 21 |
| superintendent of schools and is thereby approved to substitute | 22 |
| teach in the public schools of the educational service region. | 23 |
| This certificate must be presented to all prospective employing | 24 |
| school districts in the educational service region, who shall | 25 |
| photocopy the certificate and keep a copy of the certificate | 26 |
| with employment records for the substitute teacher. |
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| Persons wishing to substitute teach in more than one | 2 |
| educational service region shall register as a substitute | 3 |
| teacher with the appropriate regional superintendent of | 4 |
| schools. The registration process shall include all items | 5 |
| listed in the first paragraph of this subsection (b), with the | 6 |
| exception of the authorization of a criminal history records | 7 |
| check and checks of the Statewide Sex Offender Database and | 8 |
| Statewide Child Murderer and Violent Offender Against Youth | 9 |
| Database and the accompanying payment of associated fees. If | 10 |
| the substitute teacher has been issued a signed and sealed | 11 |
| certificate of authorization from another regional | 12 |
| superintendent of schools, the registering entity may | 13 |
| photocopy the certificate for its files and verify the | 14 |
| substitute teacher's registration status. | 15 |
| (Source: P.A. 92-184, eff. 7-27-01; 93-679, eff. 6-30-04.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law. |
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