Full Text of HB2978 98th General Assembly
HB2978ham001 98TH GENERAL ASSEMBLY | Rep. Camille Y. Lilly Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2978
| 2 | | AMENDMENT NO. ______. Amend House Bill 2978 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 2-3.25o, 10-21.9, and 34-18.5 as follows: | 6 | | (105 ILCS 5/2-3.25o)
| 7 | | Sec. 2-3.25o. Registration and recognition of non-public | 8 | | elementary and
secondary schools.
| 9 | | (a) Findings. The General Assembly finds and declares (i) | 10 | | that the
Constitution
of the State of Illinois provides that a | 11 | | "fundamental goal of the People of the
State is the
educational | 12 | | development of all persons to the limits of their capacities" | 13 | | and
(ii) that the
educational development of every school | 14 | | student serves the public purposes of
the State.
In order to | 15 | | ensure that all Illinois students and teachers have the | 16 | | opportunity
to enroll and
work in State-approved educational |
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| 1 | | institutions and programs, the State Board
of
Education shall | 2 | | provide for the voluntary registration and recognition of
| 3 | | non-public
elementary and secondary schools.
| 4 | | (b) Registration. All non-public elementary and secondary | 5 | | schools in the
State
of
Illinois may voluntarily register with | 6 | | the State Board of Education on an
annual basis. Registration | 7 | | shall
be completed
in conformance with procedures prescribed by | 8 | | the State Board of Education.
Information
required for | 9 | | registration shall include assurances of compliance (i) with
| 10 | | federal
and State
laws regarding health examination and | 11 | | immunization, attendance, length of term,
and
| 12 | | nondiscrimination and (ii) with applicable fire and health | 13 | | safety requirements.
| 14 | | (c) Recognition. All non-public elementary and secondary | 15 | | schools in the
State of
Illinois may voluntarily seek the | 16 | | status of "Non-public School Recognition"
from
the State
Board | 17 | | of Education. This status may be obtained by compliance with
| 18 | | administrative
guidelines and review procedures as prescribed | 19 | | by the State Board of Education.
The
guidelines and procedures | 20 | | must recognize that some of the aims and the
financial bases of
| 21 | | non-public schools are different from public schools and will | 22 | | not be identical
to those for
public schools, nor will they be | 23 | | more burdensome. The guidelines and procedures
must
also | 24 | | recognize the diversity of non-public schools and shall not | 25 | | impinge upon
the
noneducational relationships between those | 26 | | schools and their clientele.
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| 1 | | (c-5) Prohibition against recognition. A non-public | 2 | | elementary or secondary school may not obtain "Non-public | 3 | | School Recognition" status unless the school requires all | 4 | | certified and non-certified applicants for employment with the | 5 | | school, after July 1, 2007, to authorize a fingerprint-based | 6 | | criminal history records check as a condition of employment to | 7 | | determine if such applicants have been convicted of any of the | 8 | | enumerated criminal or drug offenses set forth in Section | 9 | | 21B-80 21-23a of this Code or have been convicted, within 7 | 10 | | years of the application for employment, of any other felony | 11 | | under the laws of this State or of any offense committed or | 12 | | attempted in any other state or against the laws of the United | 13 | | States that, if committed or attempted in this State, would | 14 | | have been punishable as a felony under the laws of this State. | 15 | | Authorization for the check shall be furnished by the | 16 | | applicant to the school, except that if the applicant is a | 17 | | substitute teacher seeking employment in more than one | 18 | | non-public school, a teacher seeking concurrent part-time | 19 | | employment positions with more than one non-public school (as a | 20 | | reading specialist, special education teacher, or otherwise), | 21 | | or an educational support personnel employee seeking | 22 | | employment positions with more than one non-public school, then | 23 | | only one of the non-public schools employing the individual | 24 | | shall request the authorization. Upon receipt of this | 25 | | authorization, the non-public school shall submit the | 26 | | applicant's name, sex, race, date of birth, social security |
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| 1 | | number, fingerprint images, and other identifiers, as | 2 | | prescribed by the Department of State Police, to the Department | 3 | | of State Police. | 4 | | The Department of State Police and Federal Bureau of | 5 | | Investigation shall furnish, pursuant to a fingerprint-based | 6 | | criminal history records check, records of convictions, | 7 | | forever and hereafter, until expunged, to the president or | 8 | | principal of the non-public school that requested the check. | 9 | | The Department of State Police shall charge that school a fee | 10 | | for conducting such check, which fee must be deposited into the | 11 | | State Police Services Fund and must not exceed the cost of the | 12 | | inquiry. Subject to appropriations for these purposes, the | 13 | | State Superintendent of Education shall reimburse non-public | 14 | | schools for fees paid to obtain criminal history records checks | 15 | | under this Section. | 16 | | A non-public school may not obtain recognition status | 17 | | unless the school also performs a check of the Statewide Sex | 18 | | Offender Database, as authorized by the Sex Offender Community | 19 | | Notification Law, for each applicant for employment, after July | 20 | | 1, 2007, to determine whether the applicant has been | 21 | | adjudicated a sex offender. | 22 | | Any information concerning the record of convictions | 23 | | obtained by a non-public school's president or principal under | 24 | | this Section is confidential and may be disseminated only to | 25 | | the governing body of the non-public school or any other person | 26 | | necessary to the decision of hiring the applicant for |
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| 1 | | employment. A copy of the record of convictions obtained from | 2 | | the Department of State Police shall be provided to the | 3 | | applicant for employment. Upon a check of the Statewide Sex | 4 | | Offender Database, the non-public school shall notify the | 5 | | applicant as to whether or not the applicant has been | 6 | | identified in the Sex Offender Database as a sex offender. Any | 7 | | information concerning the records of conviction obtained by | 8 | | the non-public school's president or principal under this | 9 | | Section for a substitute teacher seeking employment in more | 10 | | than one non-public school, a teacher seeking concurrent | 11 | | part-time employment positions with more than one non-public | 12 | | school (as a reading specialist, special education teacher, or | 13 | | otherwise), or an educational support personnel employee | 14 | | seeking employment positions with more than one non-public | 15 | | school may be shared with another non-public school's principal | 16 | | or president to which the applicant seeks employment. Any | 17 | | unauthorized release of confidential information may be a | 18 | | violation of Section 7 of the Criminal Identification Act. Any | 19 | | person who releases any criminal history record information | 20 | | concerning an applicant for employment is guilty of a Class A | 21 | | misdemeanor and may be subject to prosecution under federal | 22 | | law, unless the release of such information is authorized by | 23 | | this Section. | 24 | | No non-public school may obtain recognition status that | 25 | | knowingly employs a person, hired after July 1, 2007, for whom | 26 | | a Department of State Police and Federal Bureau of |
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| 1 | | Investigation fingerprint-based criminal history records check | 2 | | and a Statewide Sex Offender Database check has not been | 3 | | initiated or who has been convicted of any offense enumerated | 4 | | in Section 21B-80 of this Code or any offense committed or | 5 | | attempted in any other state or against the laws of the United | 6 | | States that, if committed or attempted in this State, would | 7 | | have been punishable as one or more of those offenses. No | 8 | | non-public school may obtain recognition status under this | 9 | | Section that knowingly employs a person who has been found to | 10 | | be the perpetrator of sexual or physical abuse of a minor under | 11 | | 18 years of age pursuant to proceedings under Article II of the | 12 | | Juvenile Court Act of 1987. | 13 | | In order to obtain recognition status under this Section, a | 14 | | non-public school must require compliance with the provisions | 15 | | of this subsection (c-5) from all employees of persons or firms | 16 | | holding contracts with the school, including, but not limited | 17 | | to, food service workers, school bus drivers, and other | 18 | | transportation employees, who have direct, daily contact with | 19 | | pupils. Any information concerning the records of conviction or | 20 | | identification as a sex offender of any such employee obtained | 21 | | by the non-public school principal or president must be | 22 | | promptly reported to the school's governing body.
| 23 | | (d) Public purposes. The provisions of this Section are in | 24 | | the public
interest, for
the public benefit, and serve secular | 25 | | public purposes.
| 26 | | (e) Definition. For purposes of this Section, a non-public |
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| 1 | | school means any
non-profit, non-home-based, and non-public | 2 | | elementary or secondary school that
is
in
compliance with Title | 3 | | VI of the Civil Rights Act of 1964 and attendance at
which
| 4 | | satisfies the requirements of Section 26-1 of this Code.
| 5 | | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
| 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 Murderer and | 9 | | 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 | 24 | | substitute teacher
seeking employment in more than one school | 25 | | district, a teacher seeking
concurrent part-time employment |
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| 1 | | positions with more than one school
district (as a reading | 2 | | specialist, special education teacher or otherwise),
or an | 3 | | educational support personnel employee seeking employment | 4 | | positions
with more than one district, any such district may | 5 | | require the applicant to
furnish authorization for
the check to | 6 | | the regional superintendent
of the educational service region | 7 | | in which are located the school districts
in which the | 8 | | applicant is seeking employment as a substitute or concurrent
| 9 | | part-time teacher or concurrent educational support personnel | 10 | | employee.
Upon receipt of this authorization, the school | 11 | | district or the appropriate
regional superintendent, as the | 12 | | case may be, shall submit the applicant's
name, sex, race, date | 13 | | of birth, social security number, fingerprint images, and other | 14 | | identifiers, as prescribed by the Department
of State Police, | 15 | | to the Department. The regional
superintendent submitting the | 16 | | requisite information to the Department of
State Police shall | 17 | | promptly notify the school districts in which the
applicant is | 18 | | seeking employment as a substitute or concurrent part-time
| 19 | | teacher or concurrent educational support personnel employee | 20 | | that
the
check of the applicant has been requested. The | 21 | | Department of State Police and the Federal Bureau of | 22 | | Investigation shall furnish, pursuant to a fingerprint-based | 23 | | criminal history records check, records of convictions, until | 24 | | expunged, to the president of the school board for the school | 25 | | district that requested the check, or to the regional | 26 | | superintendent who requested the check.
The
Department shall |
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| 1 | | charge
the school district
or the appropriate regional | 2 | | superintendent a fee for
conducting
such check, which fee shall | 3 | | be deposited in the State
Police Services Fund and shall not | 4 | | exceed the cost of
the inquiry; and the
applicant shall not be | 5 | | charged a fee for
such check by the school
district or by the | 6 | | regional superintendent, except that those applicants seeking | 7 | | employment as a substitute teacher with a school district may | 8 | | be charged a fee not to exceed the cost of the inquiry. Subject | 9 | | to appropriations for these purposes, the State Superintendent | 10 | | of Education shall reimburse school districts and regional | 11 | | superintendents for fees paid to obtain criminal history | 12 | | records checks under this Section.
| 13 | | (a-5) The school district or regional superintendent shall | 14 | | further perform a check of the Statewide Sex Offender Database, | 15 | | as authorized by the Sex Offender Community Notification Law, | 16 | | for each applicant.
| 17 | | (a-6) The school district or regional superintendent shall | 18 | | further perform a check of the Statewide Murderer and Violent | 19 | | Offender Against Youth Database, as authorized by the Murderer | 20 | | and Violent Offender Against Youth Community Notification Law, | 21 | | for each applicant.
| 22 | | (b)
Any information
concerning the record of convictions | 23 | | obtained by the president of the
school board or the regional | 24 | | superintendent shall be confidential and may
only be | 25 | | transmitted to the superintendent of the school district or his
| 26 | | designee, the appropriate regional superintendent if
the check |
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| 1 | | was
requested by the school district, the presidents of the | 2 | | appropriate school
boards if
the check was requested from the | 3 | | Department of State
Police by the regional superintendent, the | 4 | | State Superintendent of
Education, the State Teacher | 5 | | Certification Board, any other person
necessary to the decision | 6 | | of hiring the applicant for employment, or for clarification | 7 | | purposes the Department of State Police or Statewide Sex | 8 | | Offender Database, or both. A copy
of the record of convictions | 9 | | obtained from the Department of State Police
shall be provided | 10 | | to the applicant for employment. Upon the check of the | 11 | | Statewide Sex Offender Database, the school district or | 12 | | regional superintendent shall notify an applicant as to whether | 13 | | or not the applicant has been identified in the Database as a | 14 | | sex offender. If a check of
an applicant for employment as a | 15 | | substitute or concurrent part-time teacher
or concurrent | 16 | | educational support personnel employee in more than one
school | 17 | | district was requested by the regional superintendent, and the
| 18 | | Department of State Police upon a check ascertains that the | 19 | | applicant
has not been convicted of any of the enumerated | 20 | | criminal or drug offenses
in subsection (c)
or has not been | 21 | | convicted, within 7 years of the
application for
employment | 22 | | with the
school district, of any other felony under the laws of | 23 | | this State or of any
offense committed or attempted in any | 24 | | other state or against the laws of
the United States that, if | 25 | | 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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| 1 | | 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 unauthorized | 25 | | release of confidential information may be a violation of | 26 | | Section 7 of the Criminal Identification Act. Any person who |
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| 1 | | releases 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 | | license suspension or revocation pursuant to Section 21B-80 of | 8 | | this Code.
Further, no school board shall knowingly employ a | 9 | | person who has been found
to be the perpetrator of sexual or | 10 | | physical abuse of any minor under 18 years
of age pursuant to | 11 | | proceedings under Article II of the Juvenile Court Act of
1987.
| 12 | | (d) No school board shall knowingly employ a person for | 13 | | whom a criminal
history records check and a Statewide Sex | 14 | | Offender Database check has not been initiated.
| 15 | | (e) Upon receipt of the record of a conviction of or a | 16 | | finding of child
abuse by a holder of any
certificate issued | 17 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 18 | | Code, the
State Superintendent of Education may initiate | 19 | | certificate suspension
and revocation proceedings as | 20 | | authorized by law.
| 21 | | (e-5) The superintendent of the employing school board | 22 | | shall, in writing, notify the State Superintendent of Education | 23 | | and the applicable regional superintendent of schools of any | 24 | | certificate holder whom he or she has reasonable cause to | 25 | | believe has committed an intentional act of abuse or neglect | 26 | | with the result of making a child an abused child or a |
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| 1 | | neglected child, as defined in Section 3 of the Abused and | 2 | | Neglected Child Reporting Act, and that act resulted in the | 3 | | certificate holder's dismissal or resignation from the school | 4 | | district. This notification must be submitted within 30 days | 5 | | after the dismissal or resignation. The certificate holder must | 6 | | also be contemporaneously sent a copy of the notice by the | 7 | | superintendent. All correspondence, documentation, and other | 8 | | information so received by the regional superintendent of | 9 | | schools, the State Superintendent of Education, the State Board | 10 | | of Education, or the State Teacher Certification Board under | 11 | | this subsection (e-5) is confidential and must not be disclosed | 12 | | to third parties, except (i) as necessary for the State | 13 | | Superintendent of Education or his or her designee to | 14 | | investigate and prosecute pursuant to Article 21 of this Code, | 15 | | (ii) pursuant to a court order, (iii) for disclosure to the | 16 | | certificate holder or his or her representative, or (iv) as | 17 | | otherwise provided in this Article and provided that any such | 18 | | information admitted into evidence in a hearing is exempt from | 19 | | this confidentiality and non-disclosure requirement. Except | 20 | | for an act of willful or wanton misconduct, any superintendent | 21 | | who provides notification as required in this subsection (e-5) | 22 | | shall have immunity from any liability, whether civil or | 23 | | criminal or that otherwise might result by reason of such | 24 | | action. | 25 | | (f) After January 1, 1990 the provisions of this Section | 26 | | shall apply
to all employees of persons or firms holding |
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| 1 | | contracts with any school
district including, but not limited | 2 | | to, food service workers, school bus
drivers and other | 3 | | transportation employees, who have direct, daily contact
with | 4 | | the pupils of any school in such district. For purposes of | 5 | | criminal
history records checks and checks of the Statewide Sex | 6 | | Offender Database on employees of persons or firms holding
| 7 | | contracts with more than one school district and assigned to | 8 | | more than one
school district, the regional superintendent of | 9 | | the educational service
region in which the contracting school | 10 | | districts are located may, at the
request of any such school | 11 | | district, be responsible for receiving the
authorization for
a | 12 | | criminal history records check prepared by each such employee | 13 | | and
submitting the same to the Department of State Police and | 14 | | for conducting a check of the Statewide Sex Offender Database | 15 | | for each employee. Any information
concerning the record of | 16 | | conviction and identification as a sex offender of any such | 17 | | employee obtained by the
regional superintendent shall be | 18 | | promptly reported to the president of the
appropriate school | 19 | | board or school boards.
| 20 | | (g) In order to student teach in the public schools, a | 21 | | person is required to authorize a fingerprint-based criminal | 22 | | history records check and checks of the Statewide Sex Offender | 23 | | Database and Statewide Murderer and Violent Offender Against | 24 | | Youth Database prior to participating in any field experiences | 25 | | in the public schools. Authorization for and payment of the | 26 | | costs of the checks must be furnished by the student teacher. |
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| 1 | | Results of the checks must be furnished to the higher education | 2 | | institution where the student teacher is enrolled and the | 3 | | superintendent of the school district where the student is | 4 | | assigned. | 5 | | (h) Upon request of a school, school district, community | 6 | | college district, or private school, any information obtained | 7 | | by a school district pursuant to subsection (f) of this Section | 8 | | within the last year must be made available to that school, | 9 | | school district, community college district, or private | 10 | | school. | 11 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | 12 | | 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; | 13 | | 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
| 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 Murderer and | 17 | | 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 Murderer and Violent | 25 | | Offender Against Youth Database, as authorized by the Murderer | 26 | | and Violent Offender Against Youth Community Notification Law, |
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| 1 | | 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 unauthorized | 5 | | release of confidential information may be a violation of | 6 | | Section 7 of the Criminal Identification Act. Any person who | 7 | | releases any confidential information
concerning any criminal | 8 | | convictions of an applicant for employment shall be
guilty of a | 9 | | Class A misdemeanor, unless the release of such information is
| 10 | | authorized by this Section. | 11 | | (c) The board of education shall not knowingly employ a | 12 | | person who has
been convicted of any offense that would subject | 13 | | him or her to license suspension or revocation pursuant to | 14 | | Section 21B-80 of this Code.
Further, the board of education | 15 | | shall not knowingly employ a person who has
been found to be | 16 | | the perpetrator of sexual or physical abuse of any minor under
| 17 | | 18 years of age pursuant to proceedings under Article II of the | 18 | | Juvenile Court
Act of 1987. | 19 | | (d) The board of education shall not knowingly employ a | 20 | | person for whom
a criminal history records check and a | 21 | | Statewide Sex Offender Database check has not been initiated. | 22 | | (e) Upon receipt of the record of a conviction of or a | 23 | | finding of child
abuse by a holder of any
certificate issued | 24 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 25 | | Code, the State Superintendent of
Education may initiate | 26 | | certificate suspension and revocation
proceedings as |
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| 1 | | authorized by law. | 2 | | (e-5) The general superintendent of schools shall, in | 3 | | writing, notify the State Superintendent of Education of any | 4 | | certificate holder whom he or she has reasonable cause to | 5 | | believe has committed an intentional act of abuse or neglect | 6 | | with the result of making a child an abused child or a | 7 | | neglected child, as defined in Section 3 of the Abused and | 8 | | Neglected Child Reporting Act, and that act resulted in the | 9 | | certificate holder's dismissal or resignation from the school | 10 | | district. This notification must be submitted within 30 days | 11 | | after the dismissal or resignation. The certificate holder must | 12 | | also be contemporaneously sent a copy of the notice by the | 13 | | superintendent. All correspondence, documentation, and other | 14 | | information so received by the State Superintendent of | 15 | | Education, the State Board of Education, or the State Teacher | 16 | | Certification Board under this subsection (e-5) is | 17 | | confidential and must not be disclosed to third parties, except | 18 | | (i) as necessary for the State Superintendent of Education or | 19 | | his or her designee to investigate and prosecute pursuant to | 20 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 21 | | for disclosure to the certificate holder or his or her | 22 | | representative, or (iv) as otherwise provided in this Article | 23 | | and provided that any such information admitted into evidence | 24 | | in a hearing is exempt from this confidentiality and | 25 | | non-disclosure requirement. Except for an act of willful or | 26 | | wanton misconduct, any superintendent who provides |
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| 1 | | notification as required in this subsection (e-5) shall have | 2 | | immunity from any liability, whether civil or criminal or that | 3 | | otherwise might result by reason of such action. | 4 | | (f) After March 19, 1990, the provisions of this Section | 5 | | shall apply to
all employees of persons or firms holding | 6 | | contracts with any school district
including, but not limited | 7 | | to, food service workers, school bus drivers and
other | 8 | | transportation employees, who have direct, daily contact with | 9 | | the
pupils of any school in such district. For purposes of | 10 | | criminal history records checks and checks of the Statewide Sex | 11 | | Offender Database on employees of persons or firms holding | 12 | | contracts with more
than one school district and assigned to | 13 | | more than one school district, the
regional superintendent of | 14 | | the educational service region in which the
contracting school | 15 | | districts are located may, at the request of any such
school | 16 | | district, be responsible for receiving the authorization for
a | 17 | | criminal history records check prepared by each such employee | 18 | | and submitting the same to the
Department of State Police and | 19 | | for conducting a check of the Statewide Sex Offender Database | 20 | | for each employee. Any information concerning the record of
| 21 | | conviction and identification as a sex offender of any such | 22 | | employee obtained by the regional superintendent
shall be | 23 | | promptly reported to the president of the appropriate school | 24 | | board
or school boards. | 25 | | (g) In order to student teach in the public schools, a | 26 | | person is required to authorize a fingerprint-based criminal |
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| 1 | | history records check and checks of the Statewide Sex Offender | 2 | | Database and Statewide Murderer and Violent Offender Against | 3 | | Youth Database prior to participating in any field experiences | 4 | | in the public schools. Authorization for and payment of the | 5 | | costs of the checks must be furnished by the student teacher. | 6 | | Results of the checks must be furnished to the higher education | 7 | | institution where the student teacher is enrolled and the | 8 | | general superintendent of schools. | 9 | | (h) Upon request of a school, school district, community | 10 | | college district, or private school, any information obtained | 11 | | by the school district pursuant to subsection (f) of this | 12 | | Section within the last year must be made available to that | 13 | | school, school district, community college district, or | 14 | | private school. | 15 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | 16 | | 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; | 17 | | 97-813, eff. 7-13-12.)
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2013.".
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