Full Text of HB4360 99th General Assembly
HB4360enr 99TH 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, 21B-15, 21B-80, 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 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 |
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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, | 26 | | forever and hereinafter, until expunged, to the president of |
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| 1 | | the school board for the school district that requested the | 2 | | check, or to the regional superintendent who requested the | 3 | | check.
The
Department shall charge
the school district
or the | 4 | | appropriate regional superintendent a fee for
conducting
such | 5 | | check, which fee shall be deposited in the State
Police | 6 | | Services Fund and shall not exceed the cost of
the inquiry; and | 7 | | the
applicant shall not be charged a fee for
such check by the | 8 | | school
district or by the regional superintendent, except that | 9 | | those applicants seeking employment as a substitute teacher | 10 | | with a school district may be charged a fee not to exceed the | 11 | | cost of the inquiry. Subject to appropriations for these | 12 | | purposes, the State Superintendent of Education shall | 13 | | reimburse school districts and regional superintendents for | 14 | | fees paid to obtain criminal history records checks under this | 15 | | Section.
| 16 | | (a-5) The school district or regional superintendent shall | 17 | | further perform a check of the Statewide Sex Offender Database, | 18 | | as authorized by the Sex Offender Community Notification Law, | 19 | | for each applicant.
| 20 | | (a-6) The school district or regional superintendent shall | 21 | | further perform a check of the Statewide Murderer and Violent | 22 | | Offender Against Youth Database, as authorized by the Murderer | 23 | | and Violent Offender Against Youth Community Notification Law, | 24 | | for each applicant.
| 25 | | (b)
Any information
concerning the record of convictions | 26 | | obtained by the president of the
school board or the regional |
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| 1 | | superintendent shall be confidential and may
only be | 2 | | transmitted to the superintendent of the school district or his
| 3 | | designee, the appropriate regional superintendent if
the check | 4 | | was
requested by the school district, the presidents of the | 5 | | appropriate school
boards if
the check was requested from the | 6 | | Department of State
Police by the regional superintendent, the | 7 | | State Superintendent of
Education, the State Teacher | 8 | | Certification Board, any other person
necessary to the decision | 9 | | of hiring the applicant for employment, or for clarification | 10 | | purposes the Department of State Police or Statewide Sex | 11 | | Offender Database, or both. A copy
of the record of convictions | 12 | | obtained from the Department of State Police
shall be provided | 13 | | to the applicant for employment. Upon the check of the | 14 | | Statewide Sex Offender Database, the school district or | 15 | | regional superintendent shall notify an applicant as to whether | 16 | | or not the applicant has been identified in the Database as a | 17 | | sex offender. If a check of
an applicant for employment as a | 18 | | substitute or concurrent part-time teacher
or concurrent | 19 | | educational support personnel employee in more than one
school | 20 | | district was requested by the regional superintendent, and the
| 21 | | Department of State Police upon a check ascertains that the | 22 | | applicant
has not been convicted of any of the enumerated | 23 | | criminal or drug offenses
in subsection (c) of this Section
or | 24 | | has not been convicted, within 7 years of the
application for
| 25 | | employment with the
school district, of any other felony under | 26 | | the laws of this State or of any
offense committed or attempted |
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| 1 | | in any other state or against the laws of
the United States | 2 | | that, if committed or attempted in this State, would
have been | 3 | | punishable as a felony under the laws of this State
and so | 4 | | notifies the regional
superintendent and if the regional | 5 | | superintendent upon a check ascertains that the applicant has | 6 | | not been identified in the Sex Offender Database as a sex | 7 | | offender, then the
regional superintendent shall issue to the | 8 | | applicant a certificate
evidencing that as of the date | 9 | | specified by the Department of State Police
the applicant has | 10 | | not been convicted of any of the enumerated criminal or
drug | 11 | | offenses in subsection (c) of this Section
or has not been
| 12 | | convicted, within 7 years of the application for employment | 13 | | with the
school district, of any other felony under the laws of | 14 | | this State or of any
offense committed or attempted in any | 15 | | other state or against the laws of
the United States that, if | 16 | | committed or attempted in this State, would
have been | 17 | | punishable as a felony under the laws of this State and | 18 | | evidencing that as of the date that the regional superintendent | 19 | | conducted a check of the Statewide Sex Offender Database, the | 20 | | applicant has not been identified in the Database as a sex | 21 | | offender. The school
board of
any
school district
may rely on | 22 | | the
certificate issued by any regional superintendent to that | 23 | | substitute teacher, concurrent part-time teacher, or | 24 | | concurrent educational support personnel employee or may
| 25 | | initiate its own criminal history records check of the | 26 | | applicant through the Department of
State Police and its own |
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| 1 | | check of the Statewide Sex Offender Database as provided in | 2 | | subsection (a). Any unauthorized release of confidential | 3 | | information may be a violation of Section 7 of the Criminal | 4 | | Identification Act.
| 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 | | (f-5) Upon request of a school or school district, any | 21 | | information obtained by a school district pursuant to | 22 | | subsection (f) of this Section within the last year must be | 23 | | made available to the requesting school or school district. | 24 | | (g) Prior to the commencement of any student teaching | 25 | | experience or required internship (which is referred to as | 26 | | student teaching in this Section) in the public schools, a |
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| 1 | | student teacher is required to authorize a fingerprint-based | 2 | | criminal history records check. Authorization for and payment | 3 | | of the costs of the check must be furnished by the student | 4 | | teacher to the school district where the student teaching is to | 5 | | be completed. Upon receipt of this authorization and payment, | 6 | | the school district shall submit the student teacher's name, | 7 | | sex, race, date of birth, social security number, fingerprint | 8 | | images, and other identifiers, as prescribed by the Department | 9 | | of State Police, to the Department of State Police. The | 10 | | Department of State Police and the Federal Bureau of | 11 | | Investigation shall furnish, pursuant to a fingerprint-based | 12 | | criminal history records check, records of convictions, | 13 | | forever and hereinafter, until expunged, to the president of | 14 | | the school board for the school district that requested the | 15 | | check. The Department shall charge the school district a fee | 16 | | for conducting the check, which fee must not exceed the cost of | 17 | | the inquiry and must be deposited into the State Police | 18 | | Services Fund. The school district shall further perform a | 19 | | check of the Statewide Sex Offender Database, as authorized by | 20 | | the Sex Offender Community Notification Law, and of the | 21 | | Statewide Murderer and Violent Offender Against Youth | 22 | | Database, as authorized by the Murderer and Violent Offender | 23 | | Against Youth Registration Act, for each student teacher. No | 24 | | school board may knowingly allow a person to student teach for | 25 | | whom a criminal history records check, a Statewide Sex Offender | 26 | | Database check, and a Statewide Murderer and Violent Offender |
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| 1 | | Against Youth Database check have not been completed and | 2 | | reviewed by the district. | 3 | | A copy of the record of convictions obtained from the | 4 | | Department of State Police must be provided to the student | 5 | | teacher. Any information concerning the record of convictions | 6 | | obtained by the president of the school board is confidential | 7 | | and may only be transmitted to the superintendent of the school | 8 | | district or his or her designee, the State Superintendent of | 9 | | Education, the State Educator Preparation and Licensure Board, | 10 | | or, for clarification purposes, the Department of State Police | 11 | | or the Statewide Sex Offender Database or Statewide Murderer | 12 | | and Violent Offender Against Youth Database. Any unauthorized | 13 | | release of confidential information may be a violation of | 14 | | Section 7 of the Criminal Identification Act. | 15 | | No school board may knowingly allow a person to student | 16 | | teach who has been convicted of any offense that would subject | 17 | | him or her to license suspension or revocation pursuant to | 18 | | Section 21B-80 of this Code or who has been found to be the | 19 | | perpetrator of sexual or physical abuse of a minor under 18 | 20 | | years of age pursuant to proceedings under Article II of the | 21 | | Juvenile Court Act of 1987. | 22 | | (h) (Blank). | 23 | | (Source: P.A. 99-21, eff. 1-1-16 .)
| 24 | | (105 ILCS 5/21B-15) | 25 | | Sec. 21B-15. Qualifications of educators. |
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| 1 | | (a) No one may be licensed to teach or supervise or be | 2 | | otherwise employed in the public schools of this State who is | 3 | | not of good character and at least 20 years of age. | 4 | | In determining good character under this Section, the State | 5 | | Superintendent of Education shall take into consideration the | 6 | | disciplinary actions of other states or national entities | 7 | | against certificates or licenses issued by those states and | 8 | | held by individuals from those states. In addition, any felony | 9 | | conviction of the applicant may be taken into consideration; | 10 | | however, no one may be licensed to teach or supervise in the | 11 | | public schools of this State who has been convicted of (i) an | 12 | | offense set forth in subsection (b) of Section 21B-80 of this | 13 | | Code until 7 years following the end of the sentence for the | 14 | | criminal offense or (ii) an offense set forth in subsection (c) | 15 | | of Section 21B-80 of this Code . Unless the conviction is for an | 16 | | offense set forth in Section 21B-80 of this Code, an applicant | 17 | | must be permitted to submit character references or other | 18 | | written material before such a conviction or other information | 19 | | regarding the applicant's character may be used by the State | 20 | | Superintendent of Education as a basis for denying the | 21 | | application. | 22 | | (b) No person otherwise qualified shall be denied the right | 23 | | to be licensed or to receive training for the purpose of | 24 | | becoming an educator because of a physical disability, | 25 | | including, but not limited to, visual and hearing disabilities; | 26 | | nor shall any school district refuse to employ a teacher on |
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| 1 | | such grounds, provided that the person is able to carry out the | 2 | | duties of the position for which he or she applies. | 3 | | (c) No person may be granted or continue to hold an | 4 | | educator license who has knowingly altered or misrepresented | 5 | | his or her qualifications, in this State or any other state, in | 6 | | order to acquire or renew the license. Any other license issued | 7 | | under this Article held by the person may be suspended or | 8 | | revoked by the State Educator Preparation and Licensure Board, | 9 | | depending upon the severity of the alteration or | 10 | | misrepresentation. | 11 | | (d) No one may teach or supervise in the public schools nor | 12 | | receive for teaching or supervising any part of any public | 13 | | school fund who does not hold an educator license granted by | 14 | | the State Superintendent of Education as provided in this | 15 | | Article. However, the provisions of this Article do not apply | 16 | | to a member of the armed forces who is employed as a teacher of | 17 | | subjects in the Reserve Officers' Training Corps of any school, | 18 | | nor to an individual teaching a dual credit course as provided | 19 | | for in the Dual Credit Quality Act. | 20 | | (e) Notwithstanding any other provision of this Code, the | 21 | | school board of a school district may grant to a teacher of the | 22 | | district a leave of absence with full pay for a period of not | 23 | | more than one year to permit the teacher to teach in a foreign | 24 | | state under the provisions of the Exchange Teacher Program | 25 | | established under Public Law 584, 79th Congress, and Public Law | 26 | | 402, 80th Congress, as amended. The school board granting the |
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| 1 | | leave of absence may employ, with or without pay, a national of | 2 | | the foreign state wherein the teacher on the leave of absence | 3 | | is to teach if the national is qualified to teach in that | 4 | | foreign state and if that national is to teach in a grade level | 5 | | similar to the one that was taught in the foreign state. The | 6 | | State Board of Education, in consultation with the State | 7 | | Educator Preparation and Licensure Board, may adopt rules as | 8 | | may be necessary to implement this subsection (e).
| 9 | | (Source: P.A. 97-607, eff. 8-26-11.) | 10 | | (105 ILCS 5/21B-80) | 11 | | Sec. 21B-80. Conviction of certain offenses as grounds for | 12 | | disqualification for licensure or suspension or revocation of a | 13 | | license. | 14 | | (a) As used in this Section: | 15 | | " Drug Narcotics offense" means any one or more of the | 16 | | following offenses: | 17 | | (1) Any offense defined in the Cannabis Control Act, | 18 | | except those defined in subdivisions (a) , and (b) , and (c) | 19 | | of Section 4 and subdivisions subdivision (a) and (b) of | 20 | | Section 5 of the Cannabis Control Act and any offense for | 21 | | which the holder of a license is placed on probation under | 22 | | the provisions of Section 10 of the Cannabis Control Act, | 23 | | provided that if the terms and conditions of probation | 24 | | required by the court are not fulfilled, the offense is not | 25 | | eligible for this exception. |
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| 1 | | (2) Any offense defined in the Illinois Controlled | 2 | | Substances Act, except any offense for which the holder of | 3 | | a license is placed on probation under the provisions of | 4 | | Section 410 of the Illinois Controlled Substances Act, | 5 | | provided that if the terms and conditions of probation | 6 | | required by the court are not fulfilled, the offense is not | 7 | | eligible for this exception. | 8 | | (3) Any offense defined in the Methamphetamine Control | 9 | | and Community Protection Act, except any offense for which | 10 | | the holder of a license is placed on probation under the | 11 | | provision of Section 70 of that Act, provided that if the | 12 | | terms and conditions of probation required by the court are | 13 | | not fulfilled, the offense is not eligible for this | 14 | | exception. | 15 | | (4) Any attempt to commit any of the offenses listed in | 16 | | items (1) through (3) of this definition. | 17 | | (5) Any offense committed or attempted in any other | 18 | | state or against the laws of the United States that, if | 19 | | committed or attempted in this State, would have been | 20 | | punishable as one or more of the offenses listed in items | 21 | | (1) through (4) of this definition. | 22 | | The changes made by Public Act 96-431 to this the definition of | 23 | | "narcotics offense" are declaratory of existing law. | 24 | | "Sentence" includes any period of supervision or probation | 25 | | that was imposed either alone or in combination with a period | 26 | | of incarceration. |
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| 1 | | "Sex offense" means any one or more of the following | 2 | | offenses: | 3 | | (A) Any offense defined in Sections 11-6, 11-9 through | 4 | | 11-9.5, inclusive, and 11-30 (if punished as a Class 4 | 5 | | felony) , of the Criminal Code of 1961 or the Criminal Code | 6 | | of 2012; Sections 11-14.1 11-14 through 11-21, inclusive, | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012; | 8 | | Sections 11-23 (if punished as a Class 3 felony), 11-24, | 9 | | 11-25, and 11-26 of the Criminal Code of 1961 or the | 10 | | Criminal Code of 2012; and Sections 11-1.20, 11-1.30, | 11 | | 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, | 12 | | 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished | 13 | | pursuant to subdivision (4) or (5) of subsection (d) of | 14 | | Section 26-4) of the Criminal Code of 1961 or the Criminal | 15 | | Code of 2012. | 16 | | (B) Any attempt to commit any of the offenses listed in | 17 | | item (A) of this definition. | 18 | | (C) Any offense committed or attempted in any other | 19 | | state that, if committed or attempted in this State, would | 20 | | have been punishable as one or more of the offenses listed | 21 | | in items (A) and (B) of this definition. | 22 | | (b) Whenever the holder of any license issued pursuant to | 23 | | this Article or applicant for a license to be issued pursuant | 24 | | to this Article has been convicted of any drug sex offense or | 25 | | narcotics offense, other than as provided in subsection (c) of | 26 | | this Section, the State Superintendent of Education shall |
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| 1 | | forthwith suspend the license or deny the application, | 2 | | whichever is applicable, until 7 years following the end of the | 3 | | sentence for the criminal offense . If the conviction is | 4 | | reversed and the holder is acquitted of the offense in a new | 5 | | trial or the charges against him or her are dismissed, the | 6 | | State Superintendent of Education shall forthwith terminate | 7 | | the suspension of the license. When the conviction becomes | 8 | | final, the State Superintendent of Education shall forthwith | 9 | | revoke the license. | 10 | | (c) Whenever the holder of a license issued pursuant to | 11 | | this Article or applicant for a license to be issued pursuant | 12 | | to this Article has been convicted of attempting to commit, | 13 | | conspiring to commit, soliciting, or committing any sex | 14 | | offense, first degree murder , or a Class X felony or any | 15 | | offense committed or attempted in any other state or against | 16 | | the laws of the United States that, if committed or attempted | 17 | | in this State, would have been punishable as one or more of the | 18 | | foregoing offenses, the State Superintendent of Education | 19 | | shall forthwith suspend the license or deny the application, | 20 | | whichever is applicable . If the conviction is reversed and the | 21 | | holder is acquitted of that offense in a new trial or the | 22 | | charges that he or she committed that offense are dismissed, | 23 | | the State Superintendent of Education shall forthwith | 24 | | terminate the suspension of the license. When the conviction | 25 | | becomes final, the State Superintendent of Education shall | 26 | | forthwith revoke the license.
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| 1 | | (Source: P.A. 99-58, eff. 7-16-15.) | 2 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 3 | | Sec. 34-18.5. Criminal history records checks and checks of | 4 | | the Statewide Sex Offender Database and Statewide Murderer and | 5 | | Violent Offender Against Youth Database. | 6 | | (a) Certified and noncertified applicants for
employment | 7 | | with the school district are required as a condition of
| 8 | | employment to authorize a fingerprint-based criminal history | 9 | | records check to determine if such applicants
have been | 10 | | convicted of any of the enumerated criminal or drug offenses in
| 11 | | subsection (c) of this Section or have been
convicted, within 7 | 12 | | years of the application for employment with the
school | 13 | | district, of any other felony under the laws of this State or | 14 | | of any
offense committed or attempted in any other state or | 15 | | against the laws of
the United States that, if committed or | 16 | | attempted in this State, would
have been punishable as a felony | 17 | | under the laws of this State. Authorization
for
the
check shall
| 18 | | be furnished by the applicant to the school district, except | 19 | | that if the
applicant is a substitute teacher seeking | 20 | | employment in more than one
school district, or a teacher | 21 | | seeking concurrent part-time employment
positions with more | 22 | | than one school district (as a reading specialist,
special | 23 | | education teacher or otherwise), or an educational support
| 24 | | personnel employee seeking employment positions with more than | 25 | | one
district, any such district may require the applicant to |
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| 1 | | furnish
authorization for
the check to the regional | 2 | | superintendent of the
educational service region in which are | 3 | | located the school districts in
which the applicant is seeking | 4 | | employment as a substitute or concurrent
part-time teacher or | 5 | | concurrent educational support personnel employee.
Upon | 6 | | receipt of this authorization, the school district or the | 7 | | appropriate
regional superintendent, as the case may be, shall | 8 | | submit the applicant's
name, sex, race, date of birth, social | 9 | | security number, fingerprint images, and other identifiers, as | 10 | | prescribed by the Department
of State Police, to the | 11 | | Department. The regional
superintendent submitting the | 12 | | requisite information to the Department of
State Police shall | 13 | | promptly notify the school districts in which the
applicant is | 14 | | seeking employment as a substitute or concurrent part-time
| 15 | | teacher or concurrent educational support personnel employee | 16 | | that
the
check of the applicant has been requested. The | 17 | | Department of State
Police and the Federal Bureau of | 18 | | Investigation shall furnish, pursuant to a fingerprint-based | 19 | | criminal history records check, records of convictions, | 20 | | forever and hereinafter, until expunged, to the president of | 21 | | the school board for the school district that requested the | 22 | | check, or to the regional superintendent who requested the | 23 | | check. The
Department shall charge
the school district
or the | 24 | | appropriate regional superintendent a fee for
conducting
such | 25 | | check, which fee shall be deposited in the State
Police | 26 | | Services Fund and shall not exceed the cost of the inquiry; and |
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| 1 | | the
applicant shall not be charged a fee for
such check by the | 2 | | school
district or by the regional superintendent. Subject to | 3 | | appropriations for these purposes, the State Superintendent of | 4 | | Education shall reimburse the school district and regional | 5 | | superintendent for fees paid to obtain criminal history records | 6 | | checks under this Section. | 7 | | (a-5) The school district or regional superintendent shall | 8 | | further perform a check of the Statewide Sex Offender Database, | 9 | | as authorized by the Sex Offender Community Notification Law, | 10 | | for each applicant. | 11 | | (a-6) The school district or regional superintendent shall | 12 | | further perform a check of the Statewide Murderer and Violent | 13 | | Offender Against Youth Database, as authorized by the Murderer | 14 | | and Violent Offender Against Youth Community Notification Law, | 15 | | for each applicant. | 16 | | (b) Any
information concerning the record of convictions | 17 | | obtained by the president
of the board of education or the | 18 | | regional superintendent shall be
confidential and may only be | 19 | | transmitted to the general superintendent of
the school | 20 | | district or his designee, the appropriate regional
| 21 | | superintendent if
the check was requested by the board of | 22 | | education
for the school district, the presidents of the | 23 | | appropriate board of
education or school boards if
the check | 24 | | was requested from the
Department of State Police by the | 25 | | regional superintendent, the State
Superintendent of | 26 | | Education, the State Teacher Certification Board or any
other |
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| 1 | | person necessary to the decision of hiring the applicant for
| 2 | | employment. A copy of the record of convictions obtained from | 3 | | the
Department of State Police shall be provided to the | 4 | | applicant for
employment. Upon the check of the Statewide Sex | 5 | | Offender Database, the school district or regional | 6 | | superintendent shall notify an applicant as to whether or not | 7 | | the applicant has been identified in the Database as a sex | 8 | | offender. If a check of an applicant for employment as a
| 9 | | substitute or concurrent part-time teacher or concurrent | 10 | | educational
support personnel employee in more than one school | 11 | | district was requested
by the regional superintendent, and the | 12 | | Department of State Police upon
a check ascertains that the | 13 | | applicant has not been convicted of any
of the enumerated | 14 | | criminal or drug offenses in subsection (c) of this Section
or | 15 | | has not been
convicted,
within 7 years of the application for | 16 | | employment with the
school district, of any other felony under | 17 | | the laws of this State or of any
offense committed or attempted | 18 | | in any other state or against the laws of
the United States | 19 | | that, if committed or attempted in this State, would
have been | 20 | | punishable as a felony under the laws of this State and so
| 21 | | notifies the regional superintendent and if the regional | 22 | | superintendent upon a check ascertains that the applicant has | 23 | | not been identified in the Sex Offender Database as a sex | 24 | | offender, then the regional superintendent
shall issue to the | 25 | | applicant a certificate evidencing that as of the date
| 26 | | specified by the Department of State Police the applicant has |
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| 1 | | not been
convicted of any of the enumerated criminal or drug | 2 | | offenses in subsection
(c) of this Section
or has not been
| 3 | | convicted, within 7 years of the application for employment | 4 | | with the
school district, of any other felony under the laws of | 5 | | this State or of any
offense committed or attempted in any | 6 | | other state or against the laws of
the United States that, if | 7 | | committed or attempted in this State, would
have been | 8 | | punishable as a felony under the laws of this State and | 9 | | evidencing that as of the date that the regional superintendent | 10 | | conducted a check of the Statewide Sex Offender Database, the | 11 | | applicant has not been identified in the Database as a sex | 12 | | offender. The school
board of any school district may rely on | 13 | | the certificate issued by any regional
superintendent to that | 14 | | substitute teacher, concurrent part-time teacher, or | 15 | | concurrent educational support personnel employee
or may | 16 | | initiate its own criminal history records check of
the | 17 | | applicant through the Department of State Police and its own | 18 | | check of the Statewide Sex Offender Database as provided in
| 19 | | subsection (a). Any unauthorized release of confidential | 20 | | information may be a violation of Section 7 of the Criminal | 21 | | Identification Act. | 22 | | (c) The board of education shall not knowingly employ a | 23 | | person who has
been convicted of any offense that would subject | 24 | | him or her to license suspension or revocation pursuant to | 25 | | Section 21B-80 of this Code.
Further, the board of education | 26 | | shall not knowingly employ a person who has
been found to be |
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| 1 | | the perpetrator of sexual or physical abuse of any minor under
| 2 | | 18 years of age pursuant to proceedings under Article II of the | 3 | | Juvenile Court
Act of 1987. | 4 | | (d) The board of education shall not knowingly employ a | 5 | | person for whom
a criminal history records check and a | 6 | | Statewide Sex Offender Database check has not been initiated. | 7 | | (e) Upon receipt of the record of a conviction of or a | 8 | | finding of child
abuse by a holder of any
certificate issued | 9 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 10 | | Code, the State Superintendent of
Education may initiate | 11 | | certificate suspension and revocation
proceedings as | 12 | | authorized by law. | 13 | | (e-5) The general superintendent of schools shall, in | 14 | | writing, notify the State Superintendent of Education of any | 15 | | certificate holder whom he or she has reasonable cause to | 16 | | believe has committed an intentional act of abuse or neglect | 17 | | with the result of making a child an abused child or a | 18 | | neglected child, as defined in Section 3 of the Abused and | 19 | | Neglected Child Reporting Act, and that act resulted in the | 20 | | certificate holder's dismissal or resignation from the school | 21 | | district. This notification must be submitted within 30 days | 22 | | after the dismissal or resignation. The certificate holder must | 23 | | also be contemporaneously sent a copy of the notice by the | 24 | | superintendent. All correspondence, documentation, and other | 25 | | information so received by the State Superintendent of | 26 | | Education, the State Board of Education, or the State Teacher |
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| 1 | | Certification Board under this subsection (e-5) is | 2 | | confidential and must not be disclosed to third parties, except | 3 | | (i) as necessary for the State Superintendent of Education or | 4 | | his or her designee to investigate and prosecute pursuant to | 5 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 6 | | for disclosure to the certificate holder or his or her | 7 | | representative, or (iv) as otherwise provided in this Article | 8 | | and provided that any such information admitted into evidence | 9 | | in a hearing is exempt from this confidentiality and | 10 | | non-disclosure requirement. Except for an act of willful or | 11 | | wanton misconduct, any superintendent who provides | 12 | | notification as required in this subsection (e-5) shall have | 13 | | immunity from any liability, whether civil or criminal or that | 14 | | otherwise might result by reason of such action. | 15 | | (f) After March 19, 1990, the provisions of this Section | 16 | | shall apply to
all employees of persons or firms holding | 17 | | contracts with any school district
including, but not limited | 18 | | to, food service workers, school bus drivers and
other | 19 | | transportation employees, who have direct, daily contact with | 20 | | the
pupils of any school in such district. For purposes of | 21 | | criminal history records checks and checks of the Statewide Sex | 22 | | Offender Database on employees of persons or firms holding | 23 | | contracts with more
than one school district and assigned to | 24 | | more than one school district, the
regional superintendent of | 25 | | the educational service region in which the
contracting school | 26 | | districts are located may, at the request of any such
school |
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| 1 | | district, be responsible for receiving the authorization for
a | 2 | | criminal history records check prepared by each such employee | 3 | | and submitting the same to the
Department of State Police and | 4 | | for conducting a check of the Statewide Sex Offender Database | 5 | | for each employee. Any information concerning the record of
| 6 | | conviction and identification as a sex offender of any such | 7 | | employee obtained by the regional superintendent
shall be | 8 | | promptly reported to the president of the appropriate school | 9 | | board
or school boards. | 10 | | (f-5) Upon request of a school or school district, any | 11 | | information obtained by the school district pursuant to | 12 | | subsection (f) of this Section within the last year must be | 13 | | made available to the requesting school or school district. | 14 | | (g) Prior to the commencement of any student teaching | 15 | | experience or required internship (which is referred to as | 16 | | student teaching in this Section) in the public schools, a | 17 | | student teacher is required to authorize a fingerprint-based | 18 | | criminal history records check. Authorization for and payment | 19 | | of the costs of the check must be furnished by the student | 20 | | teacher to the school district. Upon receipt of this | 21 | | authorization and payment, the school district shall submit the | 22 | | student teacher's name, sex, race, date of birth, social | 23 | | security number, fingerprint images, and other identifiers, as | 24 | | prescribed by the Department of State Police, to the Department | 25 | | of State Police. The Department of State Police and the Federal | 26 | | Bureau of Investigation shall furnish, pursuant to a |
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| 1 | | fingerprint-based criminal history records check, records of | 2 | | convictions, forever and hereinafter, until expunged, to the | 3 | | president of the board. The Department shall charge the school | 4 | | district a fee for conducting the check, which fee must not | 5 | | exceed the cost of the inquiry and must be deposited into the | 6 | | State Police Services Fund. The school district shall further | 7 | | perform a check of the Statewide Sex Offender Database, as | 8 | | authorized by the Sex Offender Community Notification Law, and | 9 | | of the Statewide Murderer and Violent Offender Against Youth | 10 | | Database, as authorized by the Murderer and Violent Offender | 11 | | Against Youth Registration Act, for each student teacher. The | 12 | | board may not knowingly allow a person to student teach for | 13 | | whom a criminal history records check, a Statewide Sex Offender | 14 | | Database check, and a Statewide Murderer and Violent Offender | 15 | | Against Youth Database check have not been completed and | 16 | | reviewed by the district. | 17 | | A copy of the record of convictions obtained from the | 18 | | Department of State Police must be provided to the student | 19 | | teacher. Any information concerning the record of convictions | 20 | | obtained by the president of the board is confidential and may | 21 | | only be transmitted to the general superintendent of schools or | 22 | | his or her designee, the State Superintendent of Education, the | 23 | | State Educator Preparation and Licensure Board, or, for | 24 | | clarification purposes, the Department of State Police or the | 25 | | Statewide Sex Offender Database or Statewide Murderer and | 26 | | Violent Offender Against Youth Database. Any unauthorized |
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| 1 | | release of confidential information may be a violation of | 2 | | Section 7 of the Criminal Identification Act. | 3 | | The board may not knowingly allow a person to student teach | 4 | | who has been convicted of any offense that would subject him or | 5 | | her to license suspension or revocation pursuant to Section | 6 | | 21B-80 of this Code or who has been found to be the perpetrator | 7 | | of sexual or physical abuse of a minor under 18 years of age | 8 | | pursuant to proceedings under Article II of the Juvenile Court | 9 | | Act of 1987. | 10 | | (h) (Blank). | 11 | | (Source: P.A. 99-21, eff. 1-1-16 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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