Full Text of SB3375 96th General Assembly
SB3375sam001 96TH GENERAL ASSEMBLY
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Sen. William R. Haine
Filed: 3/11/2010
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| AMENDMENT TO SENATE BILL 3375
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| AMENDMENT NO. ______. Amend Senate Bill 3375 on page 1, | 3 |
| lines 4 and 5, by replacing "Section 10-21.9" with "Sections | 4 |
| 10-21.9 and 34-18.5"; and | 5 |
| on page 8, immediately below line 21, by inserting the | 6 |
| following:
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| "(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 8 |
| Sec. 34-18.5. Criminal history records checks and checks of | 9 |
| the Statewide Sex Offender Database and Statewide Child | 10 |
| Murderer and Violent Offender Against Youth Database. | 11 |
| (a) Certified and noncertified applicants for
employment | 12 |
| with the school district are required as a condition of
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| employment to authorize a fingerprint-based criminal history | 14 |
| records check to determine if such applicants
have been | 15 |
| convicted of any of the enumerated criminal or drug offenses in
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| subsection (c) of this Section or have been
convicted, within 7 |
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| years of the application for employment with the
school | 2 |
| district, of any other felony under the laws of this State or | 3 |
| of any
offense committed or attempted in any other state or | 4 |
| against the laws of
the United States that, if committed or | 5 |
| attempted in this State, would
have been punishable as a felony | 6 |
| under the laws of this State , and if the person has been so | 7 |
| convicted, then the person shall be ineligible for employment | 8 |
| in the school district and shall be dismissed when evidence of | 9 |
| the existence of the conviction is obtained by school | 10 |
| officials . Authorization
for
the
check shall
be furnished by | 11 |
| the applicant to the school district, except that if the
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| applicant is a substitute teacher seeking employment in more | 13 |
| than one
school district, or a teacher seeking concurrent | 14 |
| part-time employment
positions with more than one school | 15 |
| district (as a reading specialist,
special education teacher or | 16 |
| otherwise), or an educational support
personnel employee | 17 |
| seeking employment positions with more than one
district, any | 18 |
| such district may require the applicant to furnish
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| authorization for
the check to the regional superintendent of | 20 |
| the
educational service region in which are located the school | 21 |
| districts in
which the applicant is seeking employment as a | 22 |
| substitute or concurrent
part-time teacher or concurrent | 23 |
| educational support personnel employee.
Upon receipt of this | 24 |
| authorization, the school district or the appropriate
regional | 25 |
| superintendent, as the case may be, shall submit the | 26 |
| applicant's
name, sex, race, date of birth, social security |
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| number, fingerprint images, and other identifiers, as | 2 |
| prescribed by the Department
of State Police, to the | 3 |
| Department. The regional
superintendent submitting the | 4 |
| requisite information to the Department of
State Police shall | 5 |
| promptly notify the school districts in which the
applicant is | 6 |
| seeking employment as a substitute or concurrent part-time
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| teacher or concurrent educational support personnel employee | 8 |
| that
the
check of the applicant has been requested. The | 9 |
| Department of State
Police and the Federal Bureau of | 10 |
| Investigation shall furnish, pursuant to a fingerprint-based | 11 |
| criminal history records check, records of convictions, until | 12 |
| expunged, to the president of the school board for the school | 13 |
| district that requested the check, or to the regional | 14 |
| superintendent who requested the check. The
Department shall | 15 |
| charge
the school district
or the appropriate regional | 16 |
| superintendent a fee for
conducting
such check, which fee shall | 17 |
| be deposited in the State
Police Services Fund and shall not | 18 |
| exceed the cost of the inquiry; and the
applicant shall not be | 19 |
| charged a fee for
such check by the school
district or by the | 20 |
| regional superintendent. Subject to appropriations for these | 21 |
| purposes, the State Superintendent of Education shall | 22 |
| reimburse the school district and regional superintendent for | 23 |
| fees paid to obtain criminal history records checks under this | 24 |
| Section. | 25 |
| (a-5) The school district or regional superintendent shall | 26 |
| further perform a check of the Statewide Sex Offender Database, |
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| as authorized by the Sex Offender Community Notification Law, | 2 |
| for each applicant. | 3 |
| (a-6) The school district or regional superintendent shall | 4 |
| further perform a check of the Statewide Child Murderer and | 5 |
| Violent Offender Against Youth Database, as authorized by the | 6 |
| Child Murderer and Violent Offender Against Youth Community | 7 |
| Notification Law, for each applicant. | 8 |
| (b) Any
information concerning the record of convictions | 9 |
| obtained by the president
of the board of education or the | 10 |
| regional superintendent shall be
confidential and may only be | 11 |
| transmitted to the general superintendent of
the school | 12 |
| district or his designee, the appropriate regional
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| superintendent if
the check was requested by the board of | 14 |
| education
for the school district, the presidents of the | 15 |
| appropriate board of
education or school boards if
the check | 16 |
| was requested from the
Department of State Police by the | 17 |
| regional superintendent, the State
Superintendent of | 18 |
| Education, the State Teacher Certification Board or any
other | 19 |
| person necessary to the decision of hiring the applicant for
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| employment. A copy of the record of convictions obtained from | 21 |
| the
Department of State Police shall be provided to the | 22 |
| applicant for
employment. Upon the check of the Statewide Sex | 23 |
| Offender Database, the school district or regional | 24 |
| superintendent shall notify an applicant as to whether or not | 25 |
| the applicant has been identified in the Database as a sex | 26 |
| offender. If a check of an applicant for employment as a
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| substitute or concurrent part-time teacher or concurrent | 2 |
| educational
support personnel employee in more than one school | 3 |
| district was requested
by the regional superintendent, and the | 4 |
| Department of State Police upon
a check ascertains that the | 5 |
| applicant has not been convicted of any
of the enumerated | 6 |
| criminal or drug offenses in subsection (c)
or has not been
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| convicted,
within 7 years of the application for employment | 8 |
| with the
school district, of any other felony under the laws of | 9 |
| this State or of any
offense committed or attempted in any | 10 |
| other state or against the laws of
the United States that, if | 11 |
| committed or attempted in this State, would
have been | 12 |
| punishable as a felony under the laws of this State and so
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| notifies the regional superintendent and if the regional | 14 |
| superintendent upon a check ascertains that the applicant has | 15 |
| not been identified in the Sex Offender Database as a sex | 16 |
| offender, then the regional superintendent
shall issue to the | 17 |
| applicant a certificate evidencing that as of the date
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| specified by the Department of State Police the applicant has | 19 |
| not been
convicted of any of the enumerated criminal or drug | 20 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 21 |
| years of the application for employment with the
school | 22 |
| district, of any other felony under the laws of this State or | 23 |
| of any
offense committed or attempted in any other state or | 24 |
| against the laws of
the United States that, if committed or | 25 |
| attempted in this State, would
have been punishable as a felony | 26 |
| under the laws of this State and evidencing that as of the date |
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| that the regional superintendent conducted a check of the | 2 |
| Statewide Sex Offender Database, the applicant has not been | 3 |
| identified in the Database as a sex offender. The school
board | 4 |
| of any school district may rely on the certificate issued by | 5 |
| any regional
superintendent to that substitute teacher, | 6 |
| concurrent part-time teacher, or concurrent educational | 7 |
| support personnel employee
or may initiate its own criminal | 8 |
| history records check of
the applicant through the Department | 9 |
| of State Police and its own check of the Statewide Sex Offender | 10 |
| Database as provided in
subsection (a). Any person who releases | 11 |
| any confidential information
concerning any criminal | 12 |
| convictions of an applicant for employment shall be
guilty of a | 13 |
| Class A misdemeanor, unless the release of such information is
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| authorized by this Section. | 15 |
| (c) The board of education shall not knowingly employ a | 16 |
| person who has
been convicted of any offense that would subject | 17 |
| him or her to certification suspension or revocation pursuant | 18 |
| to Section 21-23a of this Code.
Further, the board of education | 19 |
| shall not knowingly employ a person who has
been found to be | 20 |
| the perpetrator of sexual or physical abuse of any minor under
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| 18 years of age pursuant to proceedings under Article II of the | 22 |
| Juvenile Court
Act of 1987. | 23 |
| (d) The board of education shall not knowingly employ a | 24 |
| person for whom
a criminal history records check and a | 25 |
| Statewide Sex Offender Database check has not been initiated. | 26 |
| (e) Upon receipt of the record of a conviction of or a |
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| finding of child
abuse by a holder of any
certificate issued | 2 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 3 |
| Code, the State Superintendent of
Education may initiate | 4 |
| certificate suspension and revocation
proceedings as | 5 |
| authorized by law. | 6 |
| (e-5) The general superintendent of schools shall, in | 7 |
| writing, notify the State Superintendent of Education of any | 8 |
| certificate holder whom he or she has reasonable cause to | 9 |
| believe has committed an intentional act of abuse or neglect | 10 |
| with the result of making a child an abused child or a | 11 |
| neglected child, as defined in Section 3 of the Abused and | 12 |
| Neglected Child Reporting Act, and that act resulted in the | 13 |
| certificate holder's dismissal or resignation from the school | 14 |
| district. This notification must be submitted within 30 days | 15 |
| after the dismissal or resignation. The certificate holder must | 16 |
| also be contemporaneously sent a copy of the notice by the | 17 |
| superintendent. All correspondence, documentation, and other | 18 |
| information so received by the State Superintendent of | 19 |
| Education, the State Board of Education, or the State Teacher | 20 |
| Certification Board under this subsection (e-5) is | 21 |
| confidential and must not be disclosed to third parties, except | 22 |
| (i) as necessary for the State Superintendent of Education or | 23 |
| his or her designee to investigate and prosecute pursuant to | 24 |
| Article 21 of this Code, (ii) pursuant to a court order, (iii) | 25 |
| for disclosure to the certificate holder or his or her | 26 |
| representative, or (iv) as otherwise provided in this Article |
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| and provided that any such information admitted into evidence | 2 |
| in a hearing is exempt from this confidentiality and | 3 |
| non-disclosure requirement. Except for an act of willful or | 4 |
| wanton misconduct, any superintendent who provides | 5 |
| notification as required in this subsection (e-5) shall have | 6 |
| immunity from any liability, whether civil or criminal or that | 7 |
| otherwise might result by reason of such action. | 8 |
| (f) After March 19, 1990, the provisions of this Section | 9 |
| shall apply to
all employees of persons or firms holding | 10 |
| contracts with any school district
including, but not limited | 11 |
| to, food service workers, school bus drivers and
other | 12 |
| transportation employees, who have direct, daily contact with | 13 |
| the
pupils of any school in such district. For purposes of | 14 |
| criminal history records checks and checks of the Statewide Sex | 15 |
| Offender Database on employees of persons or firms holding | 16 |
| contracts with more
than one school district and assigned to | 17 |
| more than one school district, the
regional superintendent of | 18 |
| the educational service region in which the
contracting school | 19 |
| districts are located may, at the request of any such
school | 20 |
| district, be responsible for receiving the authorization for
a | 21 |
| criminal history records check prepared by each such employee | 22 |
| and submitting the same to the
Department of State Police and | 23 |
| for conducting a check of the Statewide Sex Offender Database | 24 |
| for each employee. Any information concerning the record of
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| conviction and identification as a sex offender of any such | 26 |
| employee obtained by the regional superintendent
shall be |
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| promptly reported to the president of the appropriate school | 2 |
| board
or school boards. | 3 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)".
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