Illinois General Assembly - Full Text of HB0494
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Full Text of HB0494  99th General Assembly

HB0494enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB0494 EnrolledLRB099 04171 NHT 24192 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25o, 10-21.9, 21B-80, and 34-18.5 as follows:
 
6    (105 ILCS 5/2-3.25o)
7    Sec. 2-3.25o. Registration and recognition of non-public
8elementary and secondary schools.
9    (a) Findings. The General Assembly finds and declares (i)
10that the Constitution of the State of Illinois provides that a
11"fundamental goal of the People of the State is the educational
12development of all persons to the limits of their capacities"
13and (ii) that the educational development of every school
14student serves the public purposes of the State. In order to
15ensure that all Illinois students and teachers have the
16opportunity to enroll and work in State-approved educational
17institutions and programs, the State Board of Education shall
18provide for the voluntary registration and recognition of
19non-public elementary and secondary schools.
20    (b) Registration. All non-public elementary and secondary
21schools in the State of Illinois may voluntarily register with
22the State Board of Education on an annual basis. Registration
23shall be completed in conformance with procedures prescribed by

 

 

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1the State Board of Education. Information required for
2registration shall include assurances of compliance (i) with
3federal and State laws regarding health examination and
4immunization, attendance, length of term, and
5nondiscrimination and (ii) with applicable fire and health
6safety requirements.
7    (c) Recognition. All non-public elementary and secondary
8schools in the State of Illinois may voluntarily seek the
9status of "Non-public School Recognition" from the State Board
10of Education. This status may be obtained by compliance with
11administrative guidelines and review procedures as prescribed
12by the State Board of Education. The guidelines and procedures
13must recognize that some of the aims and the financial bases of
14non-public schools are different from public schools and will
15not be identical to those for public schools, nor will they be
16more burdensome. The guidelines and procedures must also
17recognize the diversity of non-public schools and shall not
18impinge upon the noneducational relationships between those
19schools and their clientele.
20    (c-5) Prohibition against recognition. A non-public
21elementary or secondary school may not obtain "Non-public
22School Recognition" status unless the school requires all
23certified and non-certified applicants for employment with the
24school, after July 1, 2007, to authorize a fingerprint-based
25criminal history records check as a condition of employment to
26determine if such applicants have been convicted of any of the

 

 

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1enumerated criminal or drug offenses set forth in Section
221B-80 21-23a of this Code or have been convicted, within 7
3years of the application for employment, of any other felony
4under the laws of this State or of any offense committed or
5attempted in any other state or against the laws of the United
6States that, if committed or attempted in this State, would
7have been punishable as a felony under the laws of this State.
8A conviction for a felony more than 7 years prior to
9application for employment with the school, other than those
10enumerated in Section 21B-80 of this Code, must not, in and of
11itself, be an automatic bar to employment. A conviction for a
12felony less than 7 years prior to employment, other than those
13enumerated in Section 21B-80 of this Code, is reviewable by the
14employer in accordance with its stated policy.
15    Authorization for the check shall be furnished by the
16applicant to the school, except that if the applicant is a
17substitute teacher seeking employment in more than one
18non-public school, a teacher seeking concurrent part-time
19employment positions with more than one non-public school (as a
20reading specialist, special education teacher, or otherwise),
21or an educational support personnel employee seeking
22employment positions with more than one non-public school, then
23only one of the non-public schools employing the individual
24shall request the authorization. Upon receipt of this
25authorization, the non-public school shall submit the
26applicant's name, sex, race, date of birth, social security

 

 

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1number, fingerprint images, and other identifiers, as
2prescribed by the Department of State Police, to the Department
3of State Police.
4    The Department of State Police and Federal Bureau of
5Investigation shall furnish, pursuant to a fingerprint-based
6criminal history records check, records of convictions,
7forever and hereafter, until expunged, to the president or
8principal of the non-public school that requested the check.
9The Department of State Police shall charge that school a fee
10for conducting such check, which fee must be deposited into the
11State Police Services Fund and must not exceed the cost of the
12inquiry. Subject to appropriations for these purposes, the
13State Superintendent of Education shall reimburse non-public
14schools for fees paid to obtain criminal history records checks
15under this Section.
16    A non-public school may not obtain recognition status
17unless the school also performs a check of the Statewide Sex
18Offender Database, as authorized by the Sex Offender Community
19Notification Law, for each applicant for employment, after July
201, 2007, to determine whether the applicant has been
21adjudicated a sex offender.
22    Any information concerning the record of convictions
23obtained by a non-public school's president or principal under
24this Section is confidential and may be disseminated only to
25the governing body of the non-public school or any other person
26necessary to the decision of hiring the applicant for

 

 

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1employment. A copy of the record of convictions obtained from
2the Department of State Police shall be provided to the
3applicant for employment. Upon a check of the Statewide Sex
4Offender Database, the non-public school shall notify the
5applicant as to whether or not the applicant has been
6identified in the Sex Offender Database as a sex offender. Any
7information concerning the records of conviction obtained by
8the non-public school's president or principal under this
9Section for a substitute teacher seeking employment in more
10than one non-public school, a teacher seeking concurrent
11part-time employment positions with more than one non-public
12school (as a reading specialist, special education teacher, or
13otherwise), or an educational support personnel employee
14seeking employment positions with more than one non-public
15school may be shared with another non-public school's principal
16or president to which the applicant seeks employment. Any
17person who releases any criminal history record information
18concerning an applicant for employment is guilty of a Class A
19misdemeanor and may be subject to prosecution under federal
20law, unless the release of such information is authorized by
21this Section.
22    No non-public school may obtain recognition status that
23knowingly employs a person, hired after July 1, 2007, for whom
24a Department of State Police and Federal Bureau of
25Investigation fingerprint-based criminal history records check
26and a Statewide Sex Offender Database check has not been

 

 

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1initiated or who has been convicted of any offense enumerated
2in Section 21B-80 of this Code or any offense committed or
3attempted in any other state or against the laws of the United
4States that, if committed or attempted in this State, would
5have been punishable as one or more of those offenses. No
6non-public school may obtain recognition status under this
7Section that knowingly employs a person who has been found to
8be the perpetrator of sexual or physical abuse of a minor under
918 years of age pursuant to proceedings under Article II of the
10Juvenile Court Act of 1987.
11    In order to obtain recognition status under this Section, a
12non-public school must require compliance with the provisions
13of this subsection (c-5) from all employees of persons or firms
14holding contracts with the school, including, but not limited
15to, food service workers, school bus drivers, and other
16transportation employees, who have direct, daily contact with
17pupils. Any information concerning the records of conviction or
18identification as a sex offender of any such employee obtained
19by the non-public school principal or president must be
20promptly reported to the school's governing body.
21    (d) Public purposes. The provisions of this Section are in
22the public interest, for the public benefit, and serve secular
23public purposes.
24    (e) Definition. For purposes of this Section, a non-public
25school means any non-profit, non-home-based, and non-public
26elementary or secondary school that is in compliance with Title

 

 

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1VI of the Civil Rights Act of 1964 and attendance at which
2satisfies the requirements of Section 26-1 of this Code.
3(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
 
4    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
5    Sec. 10-21.9. Criminal history records checks and checks of
6the Statewide Sex Offender Database and Statewide Murderer and
7Violent Offender Against Youth Database.
8    (a) Certified and noncertified applicants for employment
9with a school district, except school bus driver applicants,
10are required as a condition of employment to authorize a
11fingerprint-based criminal history records check to determine
12if such applicants have been convicted of any of the enumerated
13criminal or drug offenses in subsection (c) of this Section or
14have been convicted, within 7 years of the application for
15employment with the school district, of any other felony under
16the laws of this State or of any offense committed or attempted
17in any other state or against the laws of the United States
18that, if committed or attempted in this State, would have been
19punishable as a felony under the laws of this State. A
20conviction for a felony more than 7 years prior to application
21for employment with the school district, other than those
22enumerated in Section 21B-80 of this Code, must not, in and of
23itself, be an automatic bar to employment. A conviction for a
24felony less than 7 years prior to employment, other than those
25enumerated in Section 21B-80 of this Code, is reviewable by the

 

 

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1employer in accordance with its stated policy. Authorization
2for the check shall be furnished by the applicant to the school
3district, except that if the applicant is a substitute teacher
4seeking employment in more than one school district, a teacher
5seeking concurrent part-time employment positions with more
6than one school district (as a reading specialist, special
7education teacher or otherwise), or an educational support
8personnel employee seeking employment positions with more than
9one district, any such district may require the applicant to
10furnish authorization for the check to the regional
11superintendent of the educational service region in which are
12located the school districts in which the applicant is seeking
13employment as a substitute or concurrent part-time teacher or
14concurrent educational support personnel employee. Upon
15receipt of this authorization, the school district or the
16appropriate regional superintendent, as the case may be, shall
17submit the applicant's name, sex, race, date of birth, social
18security number, fingerprint images, and other identifiers, as
19prescribed by the Department of State Police, to the
20Department. The regional superintendent submitting the
21requisite information to the Department of State Police shall
22promptly notify the school districts in which the applicant is
23seeking employment as a substitute or concurrent part-time
24teacher or concurrent educational support personnel employee
25that the check of the applicant has been requested. The
26Department of State Police and the Federal Bureau of

 

 

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1Investigation shall furnish, pursuant to a fingerprint-based
2criminal history records check, records of convictions, until
3expunged, to the president of the school board for the school
4district that requested the check, or to the regional
5superintendent who requested the check. The Department shall
6charge the school district or the appropriate regional
7superintendent a fee for conducting such check, which fee shall
8be deposited in the State Police Services Fund and shall not
9exceed the cost of the inquiry; and the applicant shall not be
10charged a fee for such check by the school district or by the
11regional superintendent, except that those applicants seeking
12employment as a substitute teacher with a school district may
13be charged a fee not to exceed the cost of the inquiry. Subject
14to appropriations for these purposes, the State Superintendent
15of Education shall reimburse school districts and regional
16superintendents for fees paid to obtain criminal history
17records checks under this Section.
18    (a-5) The school district or regional superintendent shall
19further perform a check of the Statewide Sex Offender Database,
20as authorized by the Sex Offender Community Notification Law,
21for each applicant.
22    (a-6) The school district or regional superintendent shall
23further perform a check of the Statewide Murderer and Violent
24Offender Against Youth Database, as authorized by the Murderer
25and Violent Offender Against Youth Community Notification Law,
26for each applicant.

 

 

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1    (b) Any information concerning the record of convictions
2obtained by the president of the school board or the regional
3superintendent shall be confidential and may only be
4transmitted to the superintendent of the school district or his
5designee, the appropriate regional superintendent if the check
6was requested by the school district, the presidents of the
7appropriate school boards if the check was requested from the
8Department of State Police by the regional superintendent, the
9State Superintendent of Education, the State Teacher
10Certification Board, any other person necessary to the decision
11of hiring the applicant for employment, or for clarification
12purposes the Department of State Police or Statewide Sex
13Offender Database, or both. A copy of the record of convictions
14obtained from the Department of State Police shall be provided
15to the applicant for employment. Upon the check of the
16Statewide Sex Offender Database, the school district or
17regional superintendent shall notify an applicant as to whether
18or not the applicant has been identified in the Database as a
19sex offender. If a check of an applicant for employment as a
20substitute or concurrent part-time teacher or concurrent
21educational support personnel employee in more than one school
22district was requested by the regional superintendent, and the
23Department of State Police upon a check ascertains that the
24applicant has not been convicted of any of the enumerated
25criminal or drug offenses in subsection (c) of this Section or
26has not been convicted, within 7 years of the application for

 

 

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1employment with the school district, of any other felony under
2the laws of this State or of any offense committed or attempted
3in any other state or against the laws of the United States
4that, if committed or attempted in this State, would have been
5punishable as a felony under the laws of this State and so
6notifies the regional superintendent and if the regional
7superintendent upon a check ascertains that the applicant has
8not been identified in the Sex Offender Database as a sex
9offender, then the regional superintendent shall issue to the
10applicant a certificate evidencing that as of the date
11specified by the Department of State Police the applicant has
12not been convicted of any of the enumerated criminal or drug
13offenses in subsection (c) of this Section or has not been
14convicted, within 7 years of the application for employment
15with the school district, of any other felony under the laws of
16this State or of any offense committed or attempted in any
17other state or against the laws of the United States that, if
18committed or attempted in this State, would have been
19punishable as a felony under the laws of this State and
20evidencing that as of the date that the regional superintendent
21conducted a check of the Statewide Sex Offender Database, the
22applicant has not been identified in the Database as a sex
23offender. The school board of any school district may rely on
24the certificate issued by any regional superintendent to that
25substitute teacher, concurrent part-time teacher, or
26concurrent educational support personnel employee or may

 

 

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1initiate its own criminal history records check of the
2applicant through the Department of State Police and its own
3check of the Statewide Sex Offender Database as provided in
4subsection (a). Any person who releases any confidential
5information concerning any criminal convictions of an
6applicant for employment shall be guilty of a Class A
7misdemeanor, unless the release of such information is
8authorized by this Section.
9    (c) No school board shall knowingly employ a person who has
10been convicted of any offense that would subject him or her to
11license suspension or revocation pursuant to Section 21B-80 of
12this Code. Further, no school board shall knowingly employ a
13person who has been found to be the perpetrator of sexual or
14physical abuse of any minor under 18 years of age pursuant to
15proceedings under Article II of the Juvenile Court Act of 1987.
16    (d) No school board shall knowingly employ a person for
17whom a criminal history records check and a Statewide Sex
18Offender Database check has not been initiated.
19    (e) Upon receipt of the record of a conviction of or a
20finding of child abuse by a holder of any certificate issued
21pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
22Code, the State Superintendent of Education may initiate
23certificate suspension and revocation proceedings as
24authorized by law.
25    (e-5) The superintendent of the employing school board
26shall, in writing, notify the State Superintendent of Education

 

 

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1and the applicable regional superintendent of schools of any
2certificate holder whom he or she has reasonable cause to
3believe has committed an intentional act of abuse or neglect
4with the result of making a child an abused child or a
5neglected child, as defined in Section 3 of the Abused and
6Neglected Child Reporting Act, and that act resulted in the
7certificate holder's dismissal or resignation from the school
8district. This notification must be submitted within 30 days
9after the dismissal or resignation. The certificate holder must
10also be contemporaneously sent a copy of the notice by the
11superintendent. All correspondence, documentation, and other
12information so received by the regional superintendent of
13schools, the State Superintendent of Education, the State Board
14of Education, or the State Teacher Certification Board under
15this subsection (e-5) is confidential and must not be disclosed
16to third parties, except (i) as necessary for the State
17Superintendent of Education or his or her designee to
18investigate and prosecute pursuant to Article 21 of this Code,
19(ii) pursuant to a court order, (iii) for disclosure to the
20certificate holder or his or her representative, or (iv) as
21otherwise provided in this Article and provided that any such
22information admitted into evidence in a hearing is exempt from
23this confidentiality and non-disclosure requirement. Except
24for an act of willful or wanton misconduct, any superintendent
25who provides notification as required in this subsection (e-5)
26shall have immunity from any liability, whether civil or

 

 

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1criminal or that otherwise might result by reason of such
2action.
3    (f) After January 1, 1990 the provisions of this Section
4shall apply to all employees of persons or firms holding
5contracts with any school district including, but not limited
6to, food service workers, school bus drivers and other
7transportation employees, who have direct, daily contact with
8the pupils of any school in such district. For purposes of
9criminal history records checks and checks of the Statewide Sex
10Offender Database on employees of persons or firms holding
11contracts with more than one school district and assigned to
12more than one school district, the regional superintendent of
13the educational service region in which the contracting school
14districts are located may, at the request of any such school
15district, be responsible for receiving the authorization for a
16criminal history records check prepared by each such employee
17and submitting the same to the Department of State Police and
18for conducting a check of the Statewide Sex Offender Database
19for each employee. Any information concerning the record of
20conviction and identification as a sex offender of any such
21employee obtained by the regional superintendent shall be
22promptly reported to the president of the appropriate school
23board or school boards.
24    (g) In order to student teach in the public schools, a
25person is required to authorize a fingerprint-based criminal
26history records check and checks of the Statewide Sex Offender

 

 

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1Database and Statewide Murderer and Violent Offender Against
2Youth Database prior to participating in any field experiences
3in the public schools. Authorization for and payment of the
4costs of the checks must be furnished by the student teacher.
5Results of the checks must be furnished to the higher education
6institution where the student teacher is enrolled and the
7superintendent of the school district where the student is
8assigned.
9    (h) Upon request of a school, school district, community
10college district, or private school, any information obtained
11by a school district pursuant to subsection (f) of this Section
12within the last year must be made available to that school,
13school district, community college district, or private
14school.
15(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
1696-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
1797-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
 
18    (105 ILCS 5/21B-80)
19    Sec. 21B-80. Conviction of certain offenses as grounds for
20disqualification for employment or licensure or revocation of a
21license.
22    (a) As used in this Section:
23    "Drug Narcotics offense" means any one or more of the
24following offenses:
25        (1) Any offense defined in the Cannabis Control Act,

 

 

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1    except those defined in subdivisions (a), and (b), and (c)
2    of Section 4 and subdivisions subdivision (a) and (b) of
3    Section 5 of the Cannabis Control Act and any offense for
4    which the holder of a license is placed on probation under
5    the provisions of Section 10 of the Cannabis Control Act,
6    provided that if the terms and conditions of probation
7    required by the court are not fulfilled, the offense is not
8    eligible for this exception.
9        (2) Any offense defined in the Illinois Controlled
10    Substances Act, except any offense for which the holder of
11    a license is placed on probation under the provisions of
12    Section 410 of the Illinois Controlled Substances Act,
13    provided that if the terms and conditions of probation
14    required by the court are not fulfilled, the offense is not
15    eligible for this exception.
16        (3) Any offense defined in the Methamphetamine Control
17    and Community Protection Act, except any offense for which
18    the holder of a license is placed on probation under the
19    provision of Section 70 of that Act, provided that if the
20    terms and conditions of probation required by the court are
21    not fulfilled, the offense is not eligible for this
22    exception.
23        (4) Any attempt to commit any of the offenses listed in
24    items (1) through (3) of this definition.
25        (5) Any offense committed or attempted in any other
26    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 one or more of the offenses listed in items
3    (1) through (4) of this definition.
4The changes made by Public Act 96-431 to this the definition of
5"narcotics offense" are declaratory of existing law.
6    "Sex offense" means any one or more of the following
7offenses:
8        (A) Any offense defined in Sections 11-6, 11-9 through
9    11-9.5, inclusive, and 11-30 (if punished as a Class 4
10    felony) , of the Criminal Code of 1961 or the Criminal Code
11    of 2012; Sections 11-14.1 11-14 through 11-21, inclusive,
12    of the Criminal Code of 1961 or the Criminal Code of 2012;
13    Sections 11-23 (if punished as a Class 3 felony), 11-24,
14    11-25, and 11-26 of the Criminal Code of 1961 or the
15    Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
16    11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1,
17    12-15, 12-16, 12-32, 12-33, and 12C-45 of the Criminal Code
18    of 1961 or the Criminal Code of 2012.
19        (B) Any attempt to commit any of the offenses listed in
20    item (A) of this definition.
21        (C) Any offense committed or attempted in any other
22    state that, if committed or attempted in this State, would
23    have been punishable as one or more of the offenses listed
24    in items (A) and (B) of this definition.
25    (a-5) Any conviction for a drug offense shall act as an
26automatic bar to employment and licensure for a period of 7

 

 

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1years following the end of the sentence for the criminal
2offense. As used in this subsection (a-5), "sentence" includes
3any period of supervision or probation that was imposed either
4alone or in combination with a period of incarceration. After
5that, the conviction may be reviewed for employment or
6licensure.
7    (b) Whenever the holder of any license issued pursuant to
8this Article or applicant for a license to be issued pursuant
9to this Article has been convicted of any sex offense or drug
10narcotics offense, the State Superintendent of Education shall
11forthwith suspend the license or deny the application,
12whichever is applicable. If the conviction is reversed and the
13holder is acquitted of the offense in a new trial or the
14charges against him or her are dismissed, the State
15Superintendent of Education shall forthwith terminate the
16suspension of the license. When the conviction becomes final,
17the State Superintendent of Education shall forthwith revoke
18the license.
19    (c) Whenever the holder of a license issued pursuant to
20this Article or applicant for a license to be issued pursuant
21to this Article has been convicted of attempting to commit,
22conspiring to commit, soliciting, or committing first degree
23murder or a Class X felony or any offense committed or
24attempted in any other state or against the laws of the United
25States that, if committed or attempted in this State, would
26have been punishable as one or more of the foregoing offenses,

 

 

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1the State Superintendent of Education shall forthwith suspend
2the license or deny the application, whichever is applicable.
3If the conviction is reversed and the holder is acquitted of
4that offense in a new trial or the charges that he or she
5committed that offense are dismissed, the State Superintendent
6of Education shall forthwith terminate the suspension of the
7license. When the conviction becomes final, the State
8Superintendent of Education shall forthwith revoke the
9license.
10(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
117-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
12    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
13    Sec. 34-18.5. Criminal history records checks and checks of
14the Statewide Sex Offender Database and Statewide Murderer and
15Violent Offender Against Youth Database.
16    (a) Certified and noncertified applicants for employment
17with the school district are required as a condition of
18employment to authorize a fingerprint-based criminal history
19records check to determine if such applicants have been
20convicted of any of the enumerated criminal or drug offenses in
21subsection (c) of this Section or have been convicted, within 7
22years of the application for employment with the school
23district, of any other felony under the laws of this State or
24of any offense committed or attempted in any other state or
25against the laws of the United States that, if committed or

 

 

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1attempted in this State, would have been punishable as a felony
2under the laws of this State. A conviction for a felony more
3than 7 years prior to application for employment with the
4school district, other than those enumerated in Section 21B-80
5of this Code, must not, in and of itself, be an automatic bar
6to employment. A conviction for a felony less than 7 years
7prior to employment, other than those enumerated in Section
821B-80 of this Code, is reviewable by the employer in
9accordance with its stated policy. Authorization for the check
10shall be furnished by the applicant to the school district,
11except that if the applicant is a substitute teacher seeking
12employment in more than one school district, or a teacher
13seeking concurrent part-time employment positions with more
14than one school district (as a reading specialist, special
15education teacher or otherwise), or an educational support
16personnel employee seeking employment positions with more than
17one district, any such district may require the applicant to
18furnish authorization for the check to the regional
19superintendent of the educational service region in which are
20located the school districts in which the applicant is seeking
21employment as a substitute or concurrent part-time teacher or
22concurrent educational support personnel employee. Upon
23receipt of this authorization, the school district or the
24appropriate regional superintendent, as the case may be, shall
25submit the applicant's name, sex, race, date of birth, social
26security number, fingerprint images, and other identifiers, as

 

 

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1prescribed by the Department of State Police, to the
2Department. The regional superintendent submitting the
3requisite information to the Department of State Police shall
4promptly notify the school districts in which the applicant is
5seeking employment as a substitute or concurrent part-time
6teacher or concurrent educational support personnel employee
7that the check of the applicant has been requested. The
8Department of State Police and the Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions, until
11expunged, to the president of the school board for the school
12district that requested the check, or to the regional
13superintendent who requested the check. The Department shall
14charge the school district or the appropriate regional
15superintendent a fee for conducting such check, which fee shall
16be deposited in the State Police Services Fund and shall not
17exceed the cost of the inquiry; and the applicant shall not be
18charged a fee for such check by the school district or by the
19regional superintendent. Subject to appropriations for these
20purposes, the State Superintendent of Education shall
21reimburse the school district and regional superintendent for
22fees paid to obtain criminal history records checks under this
23Section.
24    (a-5) The school district or regional superintendent shall
25further perform a check of the Statewide Sex Offender Database,
26as authorized by the Sex Offender Community Notification Law,

 

 

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1for each applicant.
2    (a-6) The school district or regional superintendent shall
3further perform a check of the Statewide Murderer and Violent
4Offender Against Youth Database, as authorized by the Murderer
5and Violent Offender Against Youth Community Notification Law,
6for each applicant.
7    (b) Any information concerning the record of convictions
8obtained by the president of the board of education or the
9regional superintendent shall be confidential and may only be
10transmitted to the general superintendent of the school
11district or his designee, the appropriate regional
12superintendent if the check was requested by the board of
13education for the school district, the presidents of the
14appropriate board of education or school boards if the check
15was requested from the Department of State Police by the
16regional superintendent, the State Superintendent of
17Education, the State Teacher Certification Board or any other
18person necessary to the decision of hiring the applicant for
19employment. A copy of the record of convictions obtained from
20the Department of State Police shall be provided to the
21applicant for employment. Upon the check of the Statewide Sex
22Offender Database, the school district or regional
23superintendent shall notify an applicant as to whether or not
24the applicant has been identified in the Database as a sex
25offender. If a check of an applicant for employment as a
26substitute or concurrent part-time teacher or concurrent

 

 

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1educational support personnel employee in more than one school
2district was requested by the regional superintendent, and the
3Department of State Police upon a check ascertains that the
4applicant has not been convicted of any of the enumerated
5criminal or drug offenses in subsection (c) of this Section or
6has not been convicted, within 7 years of the application for
7employment with the school district, of any other felony under
8the laws of this State or of any offense committed or attempted
9in any other state or against the laws of the United States
10that, if committed or attempted in this State, would have been
11punishable as a felony under the laws of this State and so
12notifies the regional superintendent and if the regional
13superintendent upon a check ascertains that the applicant has
14not been identified in the Sex Offender Database as a sex
15offender, then the regional superintendent shall issue to the
16applicant a certificate evidencing that as of the date
17specified by the Department of State Police the applicant has
18not been convicted of any of the enumerated criminal or drug
19offenses in subsection (c) of this Section or has not been
20convicted, within 7 years of the application for employment
21with the school district, of any other felony under the laws of
22this State or of any offense committed or attempted in any
23other state or against the laws of the United States that, if
24committed or attempted in this State, would have been
25punishable as a felony under the laws of this State and
26evidencing that as of the date that the regional superintendent

 

 

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1conducted a check of the Statewide Sex Offender Database, the
2applicant has not been identified in the Database as a sex
3offender. The school board of any school district may rely on
4the certificate issued by any regional superintendent to that
5substitute teacher, concurrent part-time teacher, or
6concurrent educational support personnel employee or may
7initiate its own criminal history records check of the
8applicant through the Department of State Police and its own
9check of the Statewide Sex Offender Database as provided in
10subsection (a). Any person who releases any confidential
11information concerning any criminal convictions of an
12applicant for employment shall be guilty of a Class A
13misdemeanor, unless the release of such information is
14authorized by this Section.
15    (c) The board of education shall not knowingly employ a
16person who has been convicted of any offense that would subject
17him or her to license suspension or revocation pursuant to
18Section 21B-80 of this Code. Further, the board of education
19shall not knowingly employ a person who has been found to be
20the perpetrator of sexual or physical abuse of any minor under
2118 years of age pursuant to proceedings under Article II of the
22Juvenile Court Act of 1987.
23    (d) The board of education shall not knowingly employ a
24person for whom a criminal history records check and a
25Statewide 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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1finding of child abuse by a holder of any certificate issued
2pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
3Code, the State Superintendent of Education may initiate
4certificate suspension and revocation proceedings as
5authorized by law.
6    (e-5) The general superintendent of schools shall, in
7writing, notify the State Superintendent of Education of any
8certificate holder whom he or she has reasonable cause to
9believe has committed an intentional act of abuse or neglect
10with the result of making a child an abused child or a
11neglected child, as defined in Section 3 of the Abused and
12Neglected Child Reporting Act, and that act resulted in the
13certificate holder's dismissal or resignation from the school
14district. This notification must be submitted within 30 days
15after the dismissal or resignation. The certificate holder must
16also be contemporaneously sent a copy of the notice by the
17superintendent. All correspondence, documentation, and other
18information so received by the State Superintendent of
19Education, the State Board of Education, or the State Teacher
20Certification Board under this subsection (e-5) is
21confidential and must not be disclosed to third parties, except
22(i) as necessary for the State Superintendent of Education or
23his or her designee to investigate and prosecute pursuant to
24Article 21 of this Code, (ii) pursuant to a court order, (iii)
25for disclosure to the certificate holder or his or her
26representative, or (iv) as otherwise provided in this Article

 

 

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1and provided that any such information admitted into evidence
2in a hearing is exempt from this confidentiality and
3non-disclosure requirement. Except for an act of willful or
4wanton misconduct, any superintendent who provides
5notification as required in this subsection (e-5) shall have
6immunity from any liability, whether civil or criminal or that
7otherwise might result by reason of such action.
8    (f) After March 19, 1990, the provisions of this Section
9shall apply to all employees of persons or firms holding
10contracts with any school district including, but not limited
11to, food service workers, school bus drivers and other
12transportation employees, who have direct, daily contact with
13the pupils of any school in such district. For purposes of
14criminal history records checks and checks of the Statewide Sex
15Offender Database on employees of persons or firms holding
16contracts with more than one school district and assigned to
17more than one school district, the regional superintendent of
18the educational service region in which the contracting school
19districts are located may, at the request of any such school
20district, be responsible for receiving the authorization for a
21criminal history records check prepared by each such employee
22and submitting the same to the Department of State Police and
23for conducting a check of the Statewide Sex Offender Database
24for each employee. Any information concerning the record of
25conviction and identification as a sex offender of any such
26employee obtained by the regional superintendent shall be

 

 

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1promptly reported to the president of the appropriate school
2board or school boards.
3    (g) In order to student teach in the public schools, a
4person is required to authorize a fingerprint-based criminal
5history records check and checks of the Statewide Sex Offender
6Database and Statewide Murderer and Violent Offender Against
7Youth Database prior to participating in any field experiences
8in the public schools. Authorization for and payment of the
9costs of the checks must be furnished by the student teacher.
10Results of the checks must be furnished to the higher education
11institution where the student teacher is enrolled and the
12general superintendent of schools.
13    (h) Upon request of a school, school district, community
14college district, or private school, any information obtained
15by the school district pursuant to subsection (f) of this
16Section within the last year must be made available to that
17school, school district, community college district, or
18private school.
19(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
2097-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
2197-813, eff. 7-13-12.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.