Full Text of HB1240 97th General Assembly
HB1240enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-21.9 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 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
| 16 | | 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.
| 22 | | 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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| 1 | | 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
| 11 | | 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
| 21 | | 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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| 1 | | 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.
| 19 | | (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.
| 24 | | (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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| 1 | | transmitted to the superintendent of the school district or his
| 2 | | 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, any other person
necessary to the decision | 8 | | of hiring the applicant for employment, or for clarification | 9 | | purposes the Department of State Police or Statewide Sex | 10 | | Offender Database, or both. A copy
of the record of convictions | 11 | | obtained from the Department of State Police
shall be provided | 12 | | to the applicant for employment. Upon the check of the | 13 | | Statewide Sex Offender Database, the school district or | 14 | | regional superintendent shall notify an applicant as to whether | 15 | | or not the applicant has been identified in the Database as a | 16 | | sex offender. If a check of
an applicant for employment as a | 17 | | substitute or concurrent part-time teacher
or concurrent | 18 | | educational support personnel employee in more than one
school | 19 | | district was requested by the regional superintendent, and the
| 20 | | Department of State Police upon a check ascertains that the | 21 | | applicant
has not been convicted of any of the enumerated | 22 | | criminal or drug offenses
in subsection (c)
or has not been | 23 | | convicted, within 7 years of the
application for
employment | 24 | | with the
school district, of any other felony under the laws of | 25 | | this State or of any
offense committed or attempted in any | 26 | | other state or against the laws of
the United States that, if |
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| 1 | | committed or attempted in this State, would
have been | 2 | | punishable as a felony under the laws of this State
and so | 3 | | notifies the regional
superintendent and if the regional | 4 | | superintendent upon a check ascertains that the applicant has | 5 | | not been identified in the Sex Offender Database as a sex | 6 | | offender, then the
regional superintendent shall issue to the | 7 | | applicant a certificate
evidencing that as of the date | 8 | | specified by the Department of State Police
the applicant has | 9 | | not been convicted of any of the enumerated criminal or
drug | 10 | | offenses in subsection (c)
or has not been
convicted, within 7 | 11 | | years of the application for employment with the
school | 12 | | district, of any other felony under the laws of this State or | 13 | | of any
offense committed or attempted in any other state or | 14 | | against the laws of
the United States that, if committed or | 15 | | attempted in this State, would
have been punishable as a felony | 16 | | under the laws of this State and evidencing that as of the date | 17 | | that the regional superintendent conducted a check of the | 18 | | Statewide Sex Offender Database, the applicant has not been | 19 | | identified in the Database as a sex offender. The school
board | 20 | | of
any
school district
may rely on the
certificate issued by | 21 | | any regional superintendent to that substitute teacher, | 22 | | concurrent part-time teacher, or concurrent educational | 23 | | support personnel employee or may
initiate its own criminal | 24 | | history records check of the applicant through the Department | 25 | | of
State Police and its own check of the Statewide Sex Offender | 26 | | Database as provided in subsection (a). Any person who releases |
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| 1 | | any
confidential information concerning any criminal | 2 | | convictions of an
applicant for employment shall be guilty of a | 3 | | Class A misdemeanor, unless
the release of such information is | 4 | | authorized by this Section.
| 5 | | (c) No school board shall knowingly employ a person who has | 6 | | been
convicted of any offense that would subject him or her to | 7 | | certification suspension or revocation pursuant to Section | 8 | | 21-23a of this Code.
Further, no school board shall knowingly | 9 | | employ a person who has been found
to be the perpetrator of | 10 | | sexual or physical abuse of any minor under 18 years
of age | 11 | | pursuant to proceedings under Article II of the Juvenile Court | 12 | | Act of
1987.
| 13 | | (d) No school board shall knowingly employ a person for | 14 | | whom a criminal
history records check and a Statewide Sex | 15 | | Offender Database check has not been initiated.
| 16 | | (e) Upon receipt of the record of a conviction of or a | 17 | | finding of child
abuse by a holder of any
certificate issued | 18 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 19 | | Code, the
State Superintendent of Education may initiate | 20 | | certificate suspension
and revocation proceedings as | 21 | | authorized by law.
| 22 | | (e-5) The superintendent of the employing school board | 23 | | shall, in writing, notify the State Superintendent of Education | 24 | | and the applicable regional superintendent of schools of any | 25 | | certificate holder whom he or she has reasonable cause to | 26 | | believe has committed an intentional act of abuse or neglect |
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| 1 | | with the result of making a child an abused child or a | 2 | | neglected child, as defined in Section 3 of the Abused and | 3 | | Neglected Child Reporting Act, and that act resulted in the | 4 | | certificate holder's dismissal or resignation from the school | 5 | | district. This notification must be submitted within 30 days | 6 | | after the dismissal or resignation. The certificate holder must | 7 | | also be contemporaneously sent a copy of the notice by the | 8 | | superintendent. All correspondence, documentation, and other | 9 | | information so received by the regional superintendent of | 10 | | schools, the State Superintendent of Education, the State Board | 11 | | of Education, or the State Teacher Certification Board under | 12 | | this subsection (e-5) is confidential and must not be disclosed | 13 | | to third parties, except (i) as necessary for the State | 14 | | Superintendent of Education or his or her designee to | 15 | | investigate and prosecute pursuant to Article 21 of this Code, | 16 | | (ii) pursuant to a court order, (iii) for disclosure to the | 17 | | certificate holder or his or her representative, or (iv) as | 18 | | otherwise provided in this Article and provided that any such | 19 | | information admitted into evidence in a hearing is exempt from | 20 | | this confidentiality and non-disclosure requirement. Except | 21 | | for an act of willful or wanton misconduct, any superintendent | 22 | | who provides notification as required in this subsection (e-5) | 23 | | shall have immunity from any liability, whether civil or | 24 | | criminal or that otherwise might result by reason of such | 25 | | action. | 26 | | (f) After January 1, 1990 the provisions of this Section |
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| 1 | | shall apply
to all employees of persons or firms holding | 2 | | contracts with any school
district including, but not limited | 3 | | to, food service workers, school bus
drivers and other | 4 | | transportation employees, who have direct, daily contact
with | 5 | | the pupils of any school in such district. For purposes of | 6 | | criminal
history records checks and checks of the Statewide Sex | 7 | | Offender Database on employees of persons or firms holding
| 8 | | contracts with more than one school district and assigned to | 9 | | more than one
school district, the regional superintendent of | 10 | | the educational service
region in which the contracting school | 11 | | districts are located may, at the
request of any such school | 12 | | district, be responsible for receiving the
authorization for
a | 13 | | criminal history records check prepared by each such employee | 14 | | and
submitting the same to the Department of State Police and | 15 | | for conducting a check of the Statewide Sex Offender Database | 16 | | for each employee. Any information
concerning the record of | 17 | | conviction and identification as a sex offender of any such | 18 | | employee obtained by the
regional superintendent shall be | 19 | | promptly reported to the president of the
appropriate school | 20 | | board or school boards.
| 21 | | (g) In order to student teach in the public schools, a | 22 | | person is required to authorize a fingerprint-based criminal | 23 | | history records check and checks of the Statewide Sex Offender | 24 | | Database and Statewide Child Murderer and Violent Offender | 25 | | Against Youth Database prior to participating in any field | 26 | | experiences in the public schools. Authorization for and |
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| 1 | | payment of the costs of the checks must be furnished by the | 2 | | student teacher. Results of the checks must be furnished to the | 3 | | higher education institution where the student teacher is | 4 | | enrolled and the superintendent of the school district where | 5 | | the student is assigned. | 6 | | (h) Upon request of a school, school district, community | 7 | | college district, or private school, any information obtained | 8 | | by a school district pursuant to subsection (f) of this Section | 9 | | within the last year must be made available to that school, | 10 | | school district, community college district, or private | 11 | | school. | 12 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 13 | | 96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
| 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 of | 16 | | the Statewide Sex Offender Database and Statewide Child | 17 | | Murderer and Violent Offender Against Youth Database. | 18 | | (a) Certified and noncertified applicants for
employment | 19 | | with the school district are required as a condition of
| 20 | | employment to authorize a fingerprint-based criminal history | 21 | | records check to determine if such applicants
have been | 22 | | convicted of any of the enumerated criminal or drug offenses in
| 23 | | subsection (c) of this Section or have been
convicted, within 7 | 24 | | years of the application for employment with the
school | 25 | | district, of any other felony under the laws of this State or |
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| 1 | | of any
offense committed or attempted in any other state or | 2 | | against the laws of
the United States that, if committed or | 3 | | attempted in this State, would
have been punishable as a felony | 4 | | under the laws of this State. Authorization
for
the
check shall
| 5 | | be furnished by the applicant to the school district, except | 6 | | that if the
applicant is a substitute teacher seeking | 7 | | employment in more than one
school district, or a teacher | 8 | | seeking concurrent part-time employment
positions with more | 9 | | than one school district (as a reading specialist,
special | 10 | | education teacher or otherwise), or an educational support
| 11 | | personnel employee seeking employment positions with more than | 12 | | one
district, any such district may require the applicant to | 13 | | furnish
authorization for
the check to the regional | 14 | | superintendent of the
educational service region in which are | 15 | | located the school districts in
which the applicant is seeking | 16 | | employment as a substitute or concurrent
part-time teacher or | 17 | | concurrent educational support personnel employee.
Upon | 18 | | receipt of this authorization, the school district or the | 19 | | appropriate
regional superintendent, as the case may be, shall | 20 | | submit the applicant's
name, sex, race, date of birth, social | 21 | | security number, fingerprint images, and other identifiers, as | 22 | | prescribed by the Department
of State Police, to the | 23 | | Department. The regional
superintendent submitting the | 24 | | requisite information to the Department of
State Police shall | 25 | | promptly notify the school districts in which the
applicant is | 26 | | seeking employment as a substitute or concurrent part-time
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| 1 | | teacher or concurrent educational support personnel employee | 2 | | that
the
check of the applicant has been requested. The | 3 | | Department of State
Police and the Federal Bureau of | 4 | | Investigation shall furnish, pursuant to a fingerprint-based | 5 | | criminal history records check, records of convictions, until | 6 | | expunged, to the president of the school board for the school | 7 | | district that requested the check, or to the regional | 8 | | superintendent who requested the check. The
Department shall | 9 | | charge
the school district
or the appropriate regional | 10 | | superintendent a fee for
conducting
such check, which fee shall | 11 | | be deposited in the State
Police Services Fund and shall not | 12 | | exceed the cost of the inquiry; and the
applicant shall not be | 13 | | charged a fee for
such check by the school
district or by the | 14 | | regional superintendent. Subject to appropriations for these | 15 | | purposes, the State Superintendent of Education shall | 16 | | reimburse the school district and regional superintendent for | 17 | | fees paid to obtain criminal history records checks under this | 18 | | Section. | 19 | | (a-5) The school district or regional superintendent shall | 20 | | further perform a check of the Statewide Sex Offender Database, | 21 | | as authorized by the Sex Offender Community Notification Law, | 22 | | for each applicant. | 23 | | (a-6) The school district or regional superintendent shall | 24 | | further perform a check of the Statewide Child Murderer and | 25 | | Violent Offender Against Youth Database, as authorized by the | 26 | | Child Murderer and Violent Offender Against Youth Community |
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| 1 | | Notification Law, for each applicant. | 2 | | (b) Any
information concerning the record of convictions | 3 | | obtained by the president
of the board of education or the | 4 | | regional superintendent shall be
confidential and may only be | 5 | | transmitted to the general superintendent of
the school | 6 | | district or his designee, the appropriate regional
| 7 | | superintendent if
the check was requested by the board of | 8 | | education
for the school district, the presidents of the | 9 | | appropriate board of
education or school boards if
the check | 10 | | was requested from the
Department of State Police by the | 11 | | regional superintendent, the State
Superintendent of | 12 | | Education, the State Teacher Certification Board or any
other | 13 | | person necessary to the decision of hiring the applicant for
| 14 | | employment. A copy of the record of convictions obtained from | 15 | | the
Department of State Police shall be provided to the | 16 | | applicant for
employment. Upon the check of the Statewide Sex | 17 | | Offender Database, the school district or regional | 18 | | superintendent shall notify an applicant as to whether or not | 19 | | the applicant has been identified in the Database as a sex | 20 | | offender. If a check of an applicant for employment as a
| 21 | | substitute or concurrent part-time teacher or concurrent | 22 | | educational
support personnel employee in more than one school | 23 | | district was requested
by the regional superintendent, and the | 24 | | Department of State Police upon
a check ascertains that the | 25 | | applicant has not been convicted of any
of the enumerated | 26 | | criminal or drug offenses in subsection (c)
or has not been
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| 1 | | convicted,
within 7 years of the application for employment | 2 | | with the
school district, of any other felony under the laws of | 3 | | this State or of any
offense committed or attempted in any | 4 | | other state or against the laws of
the United States that, if | 5 | | committed or attempted in this State, would
have been | 6 | | punishable as a felony under the laws of this State and so
| 7 | | notifies the regional superintendent and if the regional | 8 | | superintendent upon a check ascertains that the applicant has | 9 | | not been identified in the Sex Offender Database as a sex | 10 | | offender, then the regional superintendent
shall issue to the | 11 | | applicant a certificate evidencing that as of the date
| 12 | | specified by the Department of State Police the applicant has | 13 | | not been
convicted of any of the enumerated criminal or drug | 14 | | offenses in subsection
(c)
or has not been
convicted, within 7 | 15 | | years of the application for employment with the
school | 16 | | district, of any other felony under the laws of this State or | 17 | | of any
offense committed or attempted in any other state or | 18 | | against the laws of
the United States that, if committed or | 19 | | attempted in this State, would
have been punishable as a felony | 20 | | under the laws of this State and evidencing that as of the date | 21 | | that the regional superintendent conducted a check of the | 22 | | Statewide Sex Offender Database, the applicant has not been | 23 | | identified in the Database as a sex offender. The school
board | 24 | | of any school district may rely on the certificate issued by | 25 | | any regional
superintendent to that substitute teacher, | 26 | | concurrent part-time teacher, or concurrent educational |
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| 1 | | support personnel employee
or may initiate its own criminal | 2 | | history records check of
the applicant through the Department | 3 | | of State Police and its own check of the Statewide Sex Offender | 4 | | Database as provided in
subsection (a). Any person who releases | 5 | | any confidential information
concerning any criminal | 6 | | convictions of an applicant for employment shall be
guilty of a | 7 | | Class A misdemeanor, unless the release of such information is
| 8 | | authorized by this Section. | 9 | | (c) The board of education shall not knowingly employ a | 10 | | person who has
been convicted of any offense that would subject | 11 | | him or her to certification suspension or revocation pursuant | 12 | | to Section 21-23a of this Code.
Further, the board of education | 13 | | shall not knowingly employ a person who has
been found to be | 14 | | the perpetrator of sexual or physical abuse of any minor under
| 15 | | 18 years of age pursuant to proceedings under Article II of the | 16 | | Juvenile Court
Act of 1987. | 17 | | (d) The board of education shall not knowingly employ a | 18 | | person for whom
a criminal history records check and a | 19 | | Statewide Sex Offender Database check has not been initiated. | 20 | | (e) Upon receipt of the record of a conviction of or a | 21 | | finding of child
abuse by a holder of any
certificate issued | 22 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 23 | | Code, the State Superintendent of
Education may initiate | 24 | | certificate suspension and revocation
proceedings as | 25 | | authorized by law. | 26 | | (e-5) The general superintendent of schools shall, in |
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| 1 | | writing, notify the State Superintendent of Education of any | 2 | | certificate holder whom he or she has reasonable cause to | 3 | | believe has committed an intentional act of abuse or neglect | 4 | | with the result of making a child an abused child or a | 5 | | neglected child, as defined in Section 3 of the Abused and | 6 | | Neglected Child Reporting Act, and that act resulted in the | 7 | | certificate holder's dismissal or resignation from the school | 8 | | district. This notification must be submitted within 30 days | 9 | | after the dismissal or resignation. The certificate holder must | 10 | | also be contemporaneously sent a copy of the notice by the | 11 | | superintendent. All correspondence, documentation, and other | 12 | | information so received by the State Superintendent of | 13 | | Education, the State Board of Education, or the State Teacher | 14 | | Certification Board under this subsection (e-5) is | 15 | | confidential and must not be disclosed to third parties, except | 16 | | (i) as necessary for the State Superintendent of Education or | 17 | | his or her designee to investigate and prosecute pursuant to | 18 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 19 | | for disclosure to the certificate holder or his or her | 20 | | representative, or (iv) as otherwise provided in this Article | 21 | | and provided that any such information admitted into evidence | 22 | | in a hearing is exempt from this confidentiality and | 23 | | non-disclosure requirement. Except for an act of willful or | 24 | | wanton misconduct, any superintendent who provides | 25 | | notification as required in this subsection (e-5) shall have | 26 | | immunity from any liability, whether civil or criminal or that |
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| 1 | | otherwise might result by reason of such action. | 2 | | (f) After March 19, 1990, the provisions of this Section | 3 | | shall apply to
all employees of persons or firms holding | 4 | | contracts with any school district
including, but not limited | 5 | | to, food service workers, school bus drivers and
other | 6 | | transportation employees, who have direct, daily contact with | 7 | | the
pupils of any school in such district. For purposes of | 8 | | criminal history records checks and checks of the Statewide Sex | 9 | | Offender Database on employees of persons or firms holding | 10 | | contracts with more
than one school district and assigned to | 11 | | more than one school district, the
regional superintendent of | 12 | | the educational service region in which the
contracting school | 13 | | districts are located may, at the request of any such
school | 14 | | district, be responsible for receiving the authorization for
a | 15 | | criminal history records check prepared by each such employee | 16 | | and submitting the same to the
Department of State Police and | 17 | | for conducting a check of the Statewide Sex Offender Database | 18 | | for each employee. Any information concerning the record of
| 19 | | conviction and identification as a sex offender of any such | 20 | | employee obtained by the regional superintendent
shall be | 21 | | promptly reported to the president of the appropriate school | 22 | | board
or school boards. | 23 | | (g) In order to student teach in the public schools, a | 24 | | person is required to authorize a fingerprint-based criminal | 25 | | history records check and checks of the Statewide Sex Offender | 26 | | Database and Statewide Child Murderer and Violent Offender |
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| 1 | | Against Youth Database prior to participating in any field | 2 | | experiences in the public schools. Authorization for and | 3 | | payment of the costs of the checks must be furnished by the | 4 | | student teacher. Results of the checks must be furnished to the | 5 | | higher education institution where the student teacher is | 6 | | enrolled and the general superintendent of schools. | 7 | | (h) Upon request of a school, school district, community | 8 | | college district, or private school, any information obtained | 9 | | by the school district pursuant to subsection (f) of this | 10 | | Section within the last year must be made available to that | 11 | | school, school district, community college district, or | 12 | | private school. | 13 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 14 | | 96-1452, eff. 8-20-10.)
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