Full Text of HB6143 99th General Assembly
HB6143 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6143 Introduced 2/11/2016, by Rep. Barbara Wheeler SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.25o | | 105 ILCS 5/10-21.9 | from Ch. 122, par. 10-21.9 | 105 ILCS 5/34-18.5 | from Ch. 122, par. 34-18.5 |
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Amends the School Code. Provides that the requirement that a student teacher undergo a criminal history records check, a Statewide Sex Offender Database check, and a Statewide Murderer and Violent Offender Against Youth Database check does not apply to a student teacher who is already employed by a non-public school or school district as a non-licensed staff member and has already undergone such checks for that school or school district.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 | | 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 | 17 | | institutions and programs, the State Board
of
Education shall | 18 | | provide for the voluntary registration and recognition of
| 19 | | non-public
elementary and secondary schools.
| 20 | | (b) Registration. All non-public elementary and secondary | 21 | | schools in the
State
of
Illinois may voluntarily register with | 22 | | the State Board of Education on an
annual basis. Registration | 23 | | shall
be completed
in conformance with procedures prescribed by |
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| 1 | | the State Board of Education.
Information
required for | 2 | | registration shall include assurances of compliance (i) with
| 3 | | federal
and State
laws regarding health examination and | 4 | | immunization, attendance, length of term,
and
| 5 | | nondiscrimination and (ii) with applicable fire and health | 6 | | safety requirements.
| 7 | | (c) Recognition. All non-public elementary and secondary | 8 | | schools in the
State of
Illinois may voluntarily seek the | 9 | | status of "Non-public School Recognition"
from
the State
Board | 10 | | of Education. This status may be obtained by compliance with
| 11 | | administrative
guidelines and review procedures as prescribed | 12 | | by the State Board of Education.
The
guidelines and procedures | 13 | | must recognize that some of the aims and the
financial bases of
| 14 | | non-public schools are different from public schools and will | 15 | | not be identical
to those for
public schools, nor will they be | 16 | | more burdensome. The guidelines and procedures
must
also | 17 | | recognize the diversity of non-public schools and shall not | 18 | | impinge upon
the
noneducational relationships between those | 19 | | schools and their clientele.
| 20 | | (c-5) Prohibition against recognition. A non-public | 21 | | elementary or secondary school may not obtain "Non-public | 22 | | School Recognition" status unless the school requires all | 23 | | certified and non-certified applicants for employment with the | 24 | | school, after July 1, 2007, to authorize a fingerprint-based | 25 | | criminal history records check as a condition of employment to | 26 | | determine if such applicants have been convicted of any of the |
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| 1 | | enumerated criminal or drug offenses set forth in Section | 2 | | 21B-80 of this Code or have been convicted, within 7 years of | 3 | | the application for employment, of any other felony under the | 4 | | laws of this State or of any offense committed or attempted in | 5 | | any other state or against the laws of the United States that, | 6 | | if committed or attempted in this State, would have been | 7 | | punishable as a felony under the laws of this State. | 8 | | Authorization for the check shall be furnished by the | 9 | | applicant to the school, except that if the applicant is a | 10 | | substitute teacher seeking employment in more than one | 11 | | non-public school, a teacher seeking concurrent part-time | 12 | | employment positions with more than one non-public school (as a | 13 | | reading specialist, special education teacher, or otherwise), | 14 | | or an educational support personnel employee seeking | 15 | | employment positions with more than one non-public school, then | 16 | | only one of the non-public schools employing the individual | 17 | | shall request the authorization. Upon receipt of this | 18 | | authorization, the non-public school shall submit the | 19 | | applicant's name, sex, race, date of birth, social security | 20 | | number, fingerprint images, and other identifiers, as | 21 | | prescribed by the Department of State Police, to the Department | 22 | | of State Police. | 23 | | The Department of State Police and Federal Bureau of | 24 | | Investigation shall furnish, pursuant to a fingerprint-based | 25 | | criminal history records check, records of convictions, | 26 | | forever and hereafter, until expunged, to the president or |
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| 1 | | principal of the non-public school that requested the check. | 2 | | The Department of State Police shall charge that school a fee | 3 | | for conducting such check, which fee must be deposited into the | 4 | | State Police Services Fund and must not exceed the cost of the | 5 | | inquiry. Subject to appropriations for these purposes, the | 6 | | State Superintendent of Education shall reimburse non-public | 7 | | schools for fees paid to obtain criminal history records checks | 8 | | under this Section. | 9 | | A non-public school may not obtain recognition status | 10 | | unless the school also performs a check of the Statewide Sex | 11 | | Offender Database, as authorized by the Sex Offender Community | 12 | | Notification Law, for each applicant for employment, after July | 13 | | 1, 2007, to determine whether the applicant has been | 14 | | adjudicated a sex offender. | 15 | | Any information concerning the record of convictions | 16 | | obtained by a non-public school's president or principal under | 17 | | this Section is confidential and may be disseminated only to | 18 | | the governing body of the non-public school or any other person | 19 | | necessary to the decision of hiring the applicant for | 20 | | employment. A copy of the record of convictions obtained from | 21 | | the Department of State Police shall be provided to the | 22 | | applicant for employment. Upon a check of the Statewide Sex | 23 | | Offender Database, the non-public school shall notify the | 24 | | applicant as to whether or not the applicant has been | 25 | | identified in the Sex Offender Database as a sex offender. Any | 26 | | information concerning the records of conviction obtained by |
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| 1 | | the non-public school's president or principal under this | 2 | | Section for a substitute teacher seeking employment in more | 3 | | than one non-public school, a teacher seeking concurrent | 4 | | part-time employment positions with more than one non-public | 5 | | school (as a reading specialist, special education teacher, or | 6 | | otherwise), or an educational support personnel employee | 7 | | seeking employment positions with more than one non-public | 8 | | school may be shared with another non-public school's principal | 9 | | or president to which the applicant seeks employment. Any | 10 | | unauthorized release of confidential information may be a | 11 | | violation of Section 7 of the Criminal Identification Act. | 12 | | No non-public school may obtain recognition status that | 13 | | knowingly employs a person, hired after July 1, 2007, for whom | 14 | | a Department of State Police and Federal Bureau of | 15 | | Investigation fingerprint-based criminal history records check | 16 | | and a Statewide Sex Offender Database check has not been | 17 | | initiated or who has been convicted of any offense enumerated | 18 | | in Section 21B-80 of this Code or any offense committed or | 19 | | attempted in any other state or against the laws of the United | 20 | | States that, if committed or attempted in this State, would | 21 | | have been punishable as one or more of those offenses. No | 22 | | non-public school may obtain recognition status under this | 23 | | Section that knowingly employs a person who has been found to | 24 | | be the perpetrator of sexual or physical abuse of a minor under | 25 | | 18 years of age pursuant to proceedings under Article II of the | 26 | | Juvenile Court Act of 1987. |
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| 1 | | In order to obtain recognition status under this Section, a | 2 | | non-public school must require compliance with the provisions | 3 | | of this subsection (c-5) from all employees of persons or firms | 4 | | holding contracts with the school, including, but not limited | 5 | | to, food service workers, school bus drivers, and other | 6 | | transportation employees, who have direct, daily contact with | 7 | | pupils. Any information concerning the records of conviction or | 8 | | identification as a sex offender of any such employee obtained | 9 | | by the non-public school principal or president must be | 10 | | promptly reported to the school's governing body.
| 11 | | Prior to the commencement of any student teaching | 12 | | experience or required internship (which is referred to as | 13 | | student teaching in this Section) in any non-public elementary | 14 | | or secondary school that has obtained or seeks to obtain | 15 | | recognition status under this Section, a student teacher is | 16 | | required to authorize a fingerprint-based criminal history | 17 | | records check. Authorization for and payment of the costs of | 18 | | the check must be furnished by the student teacher to the chief | 19 | | administrative officer of the non-public school where the | 20 | | student teaching is to be completed. Upon receipt of this | 21 | | authorization and payment, the chief administrative officer of | 22 | | the non-public school shall submit the student teacher's name, | 23 | | sex, race, date of birth, social security number, fingerprint | 24 | | images, and other identifiers, as prescribed by the Department | 25 | | of State Police, to the Department of State Police. The | 26 | | Department of State Police and the Federal Bureau of |
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| 1 | | Investigation shall furnish, pursuant to a fingerprint-based | 2 | | criminal history records check, records of convictions, | 3 | | forever and hereinafter, until expunged, to the chief | 4 | | administrative officer of the non-public school that requested | 5 | | the check. The Department of State Police shall charge the | 6 | | school a fee for conducting the check, which fee must be passed | 7 | | on to the student teacher, must not exceed the cost of the | 8 | | inquiry, and must be deposited into the State Police Services | 9 | | Fund. The school shall further perform a check of the Statewide | 10 | | Sex Offender Database, as authorized by the Sex Offender | 11 | | Community Notification Law, and of the Statewide Murderer and | 12 | | Violent Offender Against Youth Database, as authorized by the | 13 | | Murderer and Violent Offender Against Youth Registration Act, | 14 | | for each student teacher. No school that has obtained or seeks | 15 | | to obtain recognition status under this Section may knowingly | 16 | | allow a person to student teach for whom a criminal history | 17 | | records check, a Statewide Sex Offender Database check, and a | 18 | | Statewide Murderer and Violent Offender Against Youth Database | 19 | | check have not been completed and reviewed by the chief | 20 | | administrative officer of the non-public school. The | 21 | | requirements of this paragraph do not apply to a student | 22 | | teacher who is already employed by the school as a non-licensed | 23 | | staff member and has already undergone a criminal history | 24 | | records check, a Statewide Sex Offender Database check, and a | 25 | | Statewide Murderer and Violent Offender Against Youth Database | 26 | | check for that school as required under this Section. |
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| 1 | | A copy of the record of convictions obtained from the | 2 | | Department of State Police must be provided to the student | 3 | | teacher. Any information concerning the record of convictions | 4 | | obtained by the chief administrative officer of the non-public | 5 | | school is confidential and may be transmitted only to the chief | 6 | | administrative officer of the non-public school or his or her | 7 | | designee, the State Superintendent of Education, the State | 8 | | Educator Preparation and Licensure Board, or, for | 9 | | clarification purposes, the Department of State Police or the | 10 | | Statewide Sex Offender Database or Statewide Murderer and | 11 | | Violent Offender Against Youth Database. Any unauthorized | 12 | | release of confidential information may be a violation of | 13 | | Section 7 of the Criminal Identification Act. | 14 | | No school that has obtained or seeks to obtain recognition | 15 | | status under this Section may knowingly allow a person to | 16 | | student teach who has been convicted of any offense that would | 17 | | subject him or her to license suspension or revocation pursuant | 18 | | to 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 | | (d) Public purposes. The provisions of this Section are in | 23 | | the public
interest, for
the public benefit, and serve secular | 24 | | public purposes.
| 25 | | (e) Definition. For purposes of this Section, a non-public | 26 | | school means any
non-profit, non-home-based, and non-public |
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| 1 | | elementary or secondary school that
is
in
compliance with Title | 2 | | VI of the Civil Rights Act of 1964 and attendance at
which
| 3 | | satisfies the requirements of Section 26-1 of this Code.
| 4 | | (Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15 .)
| 5 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 6 | | Sec. 10-21.9. Criminal history records checks and checks of | 7 | | the Statewide Sex Offender Database and Statewide Murderer and | 8 | | Violent Offender Against Youth Database.
| 9 | | (a) Certified and noncertified applicants for employment | 10 | | with a school
district, except school bus driver applicants, | 11 | | are required as a condition
of employment to authorize a | 12 | | fingerprint-based criminal history records check to determine | 13 | | if such applicants have been convicted of any of
the enumerated | 14 | | criminal or drug offenses in subsection (c) of this Section or
| 15 | | have 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.
| 21 | | Authorization for
the check shall be furnished by the applicant | 22 | | to
the school district, except that if the applicant is a | 23 | | substitute teacher
seeking employment in more than one school | 24 | | district, a teacher seeking
concurrent part-time employment | 25 | | positions with more than one school
district (as a reading |
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| 1 | | specialist, special education teacher or otherwise),
or an | 2 | | educational support personnel employee seeking employment | 3 | | positions
with more than one district, any such district may | 4 | | require the applicant to
furnish authorization for
the check to | 5 | | the regional superintendent
of the educational service region | 6 | | in which are located the school districts
in which the | 7 | | applicant is seeking employment as a substitute or concurrent
| 8 | | part-time teacher or concurrent educational support personnel | 9 | | employee.
Upon receipt of this authorization, the school | 10 | | district or the appropriate
regional superintendent, as the | 11 | | case may be, shall submit the applicant's
name, sex, race, date | 12 | | of birth, social security number, fingerprint images, and other | 13 | | identifiers, as prescribed by the Department
of State Police, | 14 | | to the Department. The regional
superintendent submitting the | 15 | | requisite information to the Department of
State Police shall | 16 | | promptly notify the school districts in which the
applicant is | 17 | | seeking employment as a substitute or concurrent part-time
| 18 | | teacher or concurrent educational support personnel employee | 19 | | that
the
check of the applicant has been requested. The | 20 | | Department of State Police and the Federal Bureau of | 21 | | Investigation shall furnish, pursuant to a fingerprint-based | 22 | | criminal history records check, records of convictions, | 23 | | forever and hereinafter, until expunged, to the president of | 24 | | the school board for the school district that requested the | 25 | | check, or to the regional superintendent who requested the | 26 | | check.
The
Department shall charge
the school district
or the |
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| 1 | | appropriate regional superintendent a fee for
conducting
such | 2 | | check, which fee shall be deposited in the State
Police | 3 | | Services Fund and shall not exceed the cost of
the inquiry; and | 4 | | the
applicant shall not be charged a fee for
such check by the | 5 | | school
district or by the regional superintendent, except that | 6 | | those applicants seeking employment as a substitute teacher | 7 | | with a school district may be charged a fee not to exceed the | 8 | | cost of the inquiry. Subject to appropriations for these | 9 | | purposes, the State Superintendent of Education shall | 10 | | reimburse school districts and regional superintendents for | 11 | | fees paid to obtain criminal history records checks under this | 12 | | 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.
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| 1 | | (c) No school board shall knowingly employ a person who has | 2 | | been
convicted of any offense that would subject him or her to | 3 | | license suspension or revocation pursuant to Section 21B-80 of | 4 | | this Code.
Further, no school board shall knowingly employ a | 5 | | person who has been found
to be the perpetrator of sexual or | 6 | | physical abuse of any minor under 18 years
of age pursuant to | 7 | | proceedings under Article II of the Juvenile Court Act of
1987.
| 8 | | (d) No school board shall knowingly employ a person for | 9 | | whom a criminal
history records check and a Statewide Sex | 10 | | Offender Database check has not been initiated.
| 11 | | (e) Upon receipt of the record of a conviction of or a | 12 | | finding of child
abuse by a holder of any
certificate issued | 13 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 14 | | Code, the
State Superintendent of Education may initiate | 15 | | certificate suspension
and revocation proceedings as | 16 | | authorized by law.
| 17 | | (e-5) The superintendent of the employing school board | 18 | | shall, in writing, notify the State Superintendent of Education | 19 | | and the applicable regional superintendent of schools of any | 20 | | certificate holder whom he or she has reasonable cause to | 21 | | believe has committed an intentional act of abuse or neglect | 22 | | with the result of making a child an abused child or a | 23 | | neglected child, as defined in Section 3 of the Abused and | 24 | | Neglected Child Reporting Act, and that act resulted in the | 25 | | certificate holder's dismissal or resignation from the school | 26 | | district. This notification must be submitted within 30 days |
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| 1 | | after the dismissal or resignation. The certificate holder must | 2 | | also be contemporaneously sent a copy of the notice by the | 3 | | superintendent. All correspondence, documentation, and other | 4 | | information so received by the regional superintendent of | 5 | | schools, the State Superintendent of Education, the State Board | 6 | | of Education, or the State Teacher Certification Board under | 7 | | this subsection (e-5) is confidential and must not be disclosed | 8 | | to third parties, except (i) as necessary for the State | 9 | | Superintendent of Education or his or her designee to | 10 | | investigate and prosecute pursuant to Article 21 of this Code, | 11 | | (ii) pursuant to a court order, (iii) for disclosure to the | 12 | | certificate holder or his or her representative, or (iv) as | 13 | | otherwise provided in this Article and provided that any such | 14 | | information admitted into evidence in a hearing is exempt from | 15 | | this confidentiality and non-disclosure requirement. Except | 16 | | for an act of willful or wanton misconduct, any superintendent | 17 | | who provides notification as required in this subsection (e-5) | 18 | | shall have immunity from any liability, whether civil or | 19 | | criminal or that otherwise might result by reason of such | 20 | | action. | 21 | | (f) After January 1, 1990 the provisions of this Section | 22 | | shall apply
to all employees of persons or firms holding | 23 | | contracts with any school
district including, but not limited | 24 | | to, food service workers, school bus
drivers and other | 25 | | transportation employees, who have direct, daily contact
with | 26 | | the pupils of any school in such district. For purposes of |
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| 1 | | criminal
history records checks and checks of the Statewide Sex | 2 | | Offender Database on employees of persons or firms holding
| 3 | | contracts with more than one school district and assigned to | 4 | | more than one
school district, the regional superintendent of | 5 | | the educational service
region in which the contracting school | 6 | | districts are located may, at the
request of any such school | 7 | | district, be responsible for receiving the
authorization for
a | 8 | | criminal history records check prepared by each such employee | 9 | | and
submitting the same to the Department of State Police and | 10 | | for conducting a check of the Statewide Sex Offender Database | 11 | | for each employee. Any information
concerning the record of | 12 | | conviction and identification as a sex offender of any such | 13 | | employee obtained by the
regional superintendent shall be | 14 | | promptly reported to the president of the
appropriate school | 15 | | board or school boards.
| 16 | | (f-5) Upon request of a school or school district, any | 17 | | information obtained by a school district pursuant to | 18 | | subsection (f) of this Section within the last year must be | 19 | | made available to the requesting school or school district. | 20 | | (g) Prior to the commencement of any student teaching | 21 | | experience or required internship (which is referred to as | 22 | | student teaching in this Section) in the public schools, a | 23 | | student teacher is required to authorize a fingerprint-based | 24 | | criminal history records check. Authorization for and payment | 25 | | of the costs of the check must be furnished by the student | 26 | | teacher to the school district where the student teaching is to |
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| 1 | | be completed. Upon receipt of this authorization and payment, | 2 | | the school district shall submit the student teacher's name, | 3 | | sex, race, date of birth, social security number, fingerprint | 4 | | images, and other identifiers, as prescribed by the Department | 5 | | of State Police, to the Department of State Police. The | 6 | | Department of State Police and the Federal Bureau of | 7 | | Investigation shall furnish, pursuant to a fingerprint-based | 8 | | criminal history records check, records of convictions, | 9 | | forever and hereinafter, until expunged, to the president of | 10 | | the school board for the school district that requested the | 11 | | check. The Department shall charge the school district a fee | 12 | | for conducting the check, which fee must not exceed the cost of | 13 | | the inquiry and must be deposited into the State Police | 14 | | Services Fund. The school district shall further perform a | 15 | | check of the Statewide Sex Offender Database, as authorized by | 16 | | the Sex Offender Community Notification Law, and of the | 17 | | Statewide Murderer and Violent Offender Against Youth | 18 | | Database, as authorized by the Murderer and Violent Offender | 19 | | Against Youth Registration Act, for each student teacher. No | 20 | | school board may knowingly allow a person to student teach for | 21 | | whom a criminal history records check, a Statewide Sex Offender | 22 | | Database check, and a Statewide Murderer and Violent Offender | 23 | | Against Youth Database check have not been completed and | 24 | | reviewed by the district. The requirements of this paragraph do | 25 | | not apply to a student teacher who is already employed by the | 26 | | school district as a non-licensed staff member and has already |
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| 1 | | undergone a criminal history records check, a Statewide Sex | 2 | | Offender Database check, and a Statewide Murderer and Violent | 3 | | Offender Against Youth Database check for that school district | 4 | | as required under this Section. | 5 | | A copy of the record of convictions obtained from the | 6 | | Department of State Police must be provided to the student | 7 | | teacher. Any information concerning the record of convictions | 8 | | obtained by the president of the school board is confidential | 9 | | and may only be transmitted to the superintendent of the school | 10 | | district or his or her designee, the State Superintendent of | 11 | | Education, the State Educator Preparation and Licensure Board, | 12 | | or, for clarification purposes, the Department of State Police | 13 | | or the Statewide Sex Offender Database or Statewide Murderer | 14 | | and Violent Offender Against Youth Database. Any unauthorized | 15 | | release of confidential information may be a violation of | 16 | | Section 7 of the Criminal Identification Act. | 17 | | No school board may knowingly allow a person to student | 18 | | teach who has been convicted of any offense that would subject | 19 | | him or her to license suspension or revocation pursuant to | 20 | | Section 21B-80 of this Code or who has been found to be the | 21 | | perpetrator of sexual or physical abuse of a minor under 18 | 22 | | years of age pursuant to proceedings under Article II of the | 23 | | Juvenile Court Act of 1987. | 24 | | (h) (Blank). | 25 | | (Source: P.A. 99-21, eff. 1-1-16 .)
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| 1 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 2 | | Sec. 34-18.5. Criminal history records checks and checks of | 3 | | the Statewide Sex Offender Database and Statewide Murderer and | 4 | | Violent Offender Against Youth Database. | 5 | | (a) Certified and noncertified applicants for
employment | 6 | | with the school district are required as a condition of
| 7 | | employment to authorize a fingerprint-based criminal history | 8 | | records check to determine if such applicants
have been | 9 | | convicted of any of the enumerated criminal or drug offenses in
| 10 | | subsection (c) of this Section or have been
convicted, within 7 | 11 | | years of the application for employment with the
school | 12 | | district, of any other felony under the laws of this State or | 13 | | of any
offense committed or attempted in any other state or | 14 | | against the laws of
the United States that, if committed or | 15 | | attempted in this State, would
have been punishable as a felony | 16 | | under the laws of this State. Authorization
for
the
check shall
| 17 | | be furnished by the applicant to the school district, except | 18 | | that if the
applicant is a substitute teacher seeking | 19 | | employment in more than one
school district, or a teacher | 20 | | seeking concurrent part-time employment
positions with more | 21 | | than one school district (as a reading specialist,
special | 22 | | education teacher or otherwise), or an educational support
| 23 | | personnel employee seeking employment positions with more than | 24 | | one
district, any such district may require the applicant to | 25 | | furnish
authorization for
the check to the regional | 26 | | superintendent of the
educational service region in which are |
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| 1 | | located the school districts in
which the applicant is seeking | 2 | | employment as a substitute or concurrent
part-time teacher or | 3 | | concurrent educational support personnel employee.
Upon | 4 | | receipt of this authorization, the school district or the | 5 | | appropriate
regional superintendent, as the case may be, shall | 6 | | submit the applicant's
name, sex, race, date of birth, social | 7 | | security number, fingerprint images, and other identifiers, as | 8 | | prescribed by the Department
of State Police, to the | 9 | | Department. The regional
superintendent submitting the | 10 | | requisite information to the Department of
State Police shall | 11 | | promptly notify the school districts in which the
applicant is | 12 | | seeking employment as a substitute or concurrent part-time
| 13 | | teacher or concurrent educational support personnel employee | 14 | | that
the
check of the applicant has been requested. The | 15 | | Department of State
Police and the Federal Bureau of | 16 | | Investigation shall furnish, pursuant to a fingerprint-based | 17 | | criminal history records check, records of convictions, | 18 | | forever and hereinafter, until expunged, to the president of | 19 | | the school board for the school district that requested the | 20 | | check, or to the regional superintendent who requested the | 21 | | check. The
Department shall charge
the school district
or the | 22 | | appropriate regional superintendent a fee for
conducting
such | 23 | | check, which fee shall be deposited in the State
Police | 24 | | Services Fund and shall not exceed the cost of the inquiry; and | 25 | | the
applicant shall not be charged a fee for
such check by the | 26 | | school
district or by the regional superintendent. Subject to |
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| 1 | | appropriations for these purposes, the State Superintendent of | 2 | | Education shall reimburse the school district and regional | 3 | | superintendent for fees paid to obtain criminal history records | 4 | | checks under this Section. | 5 | | (a-5) The school district or regional superintendent shall | 6 | | further perform a check of the Statewide Sex Offender Database, | 7 | | as authorized by the Sex Offender Community Notification Law, | 8 | | for each applicant. | 9 | | (a-6) The school district or regional superintendent shall | 10 | | further perform a check of the Statewide Murderer and Violent | 11 | | Offender Against Youth Database, as authorized by the Murderer | 12 | | and Violent Offender Against Youth Community Notification Law, | 13 | | for each applicant. | 14 | | (b) Any
information concerning the record of convictions | 15 | | obtained by the president
of the board of education or the | 16 | | regional superintendent shall be
confidential and may only be | 17 | | transmitted to the general superintendent of
the school | 18 | | district or his designee, the appropriate regional
| 19 | | superintendent if
the check was requested by the board of | 20 | | education
for the school district, the presidents of the | 21 | | appropriate board of
education or school boards if
the check | 22 | | was requested from the
Department of State Police by the | 23 | | regional superintendent, the State
Superintendent of | 24 | | Education, the State Teacher Certification Board or any
other | 25 | | person necessary to the decision of hiring the applicant for
| 26 | | employment. A copy of the record of convictions obtained from |
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| 1 | | the
Department of State Police shall be provided to the | 2 | | applicant for
employment. Upon the check of the Statewide Sex | 3 | | Offender Database, the school district or regional | 4 | | superintendent shall notify an applicant as to whether or not | 5 | | the applicant has been identified in the Database as a sex | 6 | | offender. If a check of an applicant for employment as a
| 7 | | substitute or concurrent part-time teacher or concurrent | 8 | | educational
support personnel employee in more than one school | 9 | | district was requested
by the regional superintendent, and the | 10 | | Department of State Police upon
a check ascertains that the | 11 | | applicant has not been convicted of any
of the enumerated | 12 | | criminal or drug offenses in subsection (c)
or has not been
| 13 | | convicted,
within 7 years of the application for employment | 14 | | with the
school district, of any other felony under the laws of | 15 | | this State or of any
offense committed or attempted in any | 16 | | other state or against the laws of
the United States that, if | 17 | | committed or attempted in this State, would
have been | 18 | | punishable as a felony under the laws of this State and so
| 19 | | notifies the regional superintendent and if the regional | 20 | | superintendent upon a check ascertains that the applicant has | 21 | | not been identified in the Sex Offender Database as a sex | 22 | | offender, then the regional superintendent
shall issue to the | 23 | | applicant a certificate evidencing that as of the date
| 24 | | specified by the Department of State Police the applicant has | 25 | | not been
convicted of any of the enumerated criminal or drug | 26 | | offenses in subsection
(c)
or has not been
convicted, within 7 |
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| 1 | | years of the application for employment with the
school | 2 | | district, of any other felony under the laws of this State or | 3 | | of any
offense committed or attempted in any other state or | 4 | | against the laws of
the United States that, if committed or | 5 | | attempted in this State, would
have been punishable as a felony | 6 | | under the laws of this State and evidencing that as of the date | 7 | | that the regional superintendent conducted a check of the | 8 | | Statewide Sex Offender Database, the applicant has not been | 9 | | identified in the Database as a sex offender. The school
board | 10 | | of any school district may rely on the certificate issued by | 11 | | any regional
superintendent to that substitute teacher, | 12 | | concurrent part-time teacher, or concurrent educational | 13 | | support personnel employee
or may initiate its own criminal | 14 | | history records check of
the applicant through the Department | 15 | | of State Police and its own check of the Statewide Sex Offender | 16 | | Database as provided in
subsection (a). Any unauthorized | 17 | | release of confidential information may be a violation of | 18 | | Section 7 of the Criminal Identification Act. | 19 | | (c) The board of education shall not knowingly employ a | 20 | | person who has
been convicted of any offense that would subject | 21 | | him or her to license suspension or revocation pursuant to | 22 | | Section 21B-80 of this Code.
Further, the board of education | 23 | | shall not knowingly employ a person who has
been found to be | 24 | | the perpetrator of sexual or physical abuse of any minor under
| 25 | | 18 years of age pursuant to proceedings under Article II of the | 26 | | Juvenile Court
Act of 1987. |
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| 1 | | (d) The board of education shall not knowingly employ a | 2 | | person for whom
a criminal history records check and a | 3 | | Statewide Sex Offender Database check has not been initiated. | 4 | | (e) Upon receipt of the record of a conviction of or a | 5 | | finding of child
abuse by a holder of any
certificate issued | 6 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 7 | | Code, the State Superintendent of
Education may initiate | 8 | | certificate suspension and revocation
proceedings as | 9 | | authorized by law. | 10 | | (e-5) The general superintendent of schools shall, in | 11 | | writing, notify the State Superintendent of Education of any | 12 | | certificate holder whom he or she has reasonable cause to | 13 | | believe has committed an intentional act of abuse or neglect | 14 | | with the result of making a child an abused child or a | 15 | | neglected child, as defined in Section 3 of the Abused and | 16 | | Neglected Child Reporting Act, and that act resulted in the | 17 | | certificate holder's dismissal or resignation from the school | 18 | | district. This notification must be submitted within 30 days | 19 | | after the dismissal or resignation. The certificate holder must | 20 | | also be contemporaneously sent a copy of the notice by the | 21 | | superintendent. All correspondence, documentation, and other | 22 | | information so received by the State Superintendent of | 23 | | Education, the State Board of Education, or the State Teacher | 24 | | Certification Board under this subsection (e-5) is | 25 | | confidential and must not be disclosed to third parties, except | 26 | | (i) as necessary for the State Superintendent of Education or |
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| 1 | | his or her designee to investigate and prosecute pursuant to | 2 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 3 | | for disclosure to the certificate holder or his or her | 4 | | representative, or (iv) as otherwise provided in this Article | 5 | | and provided that any such information admitted into evidence | 6 | | in a hearing is exempt from this confidentiality and | 7 | | non-disclosure requirement. Except for an act of willful or | 8 | | wanton misconduct, any superintendent who provides | 9 | | notification as required in this subsection (e-5) shall have | 10 | | immunity from any liability, whether civil or criminal or that | 11 | | otherwise might result by reason of such action. | 12 | | (f) After March 19, 1990, the provisions of this Section | 13 | | shall apply to
all employees of persons or firms holding | 14 | | contracts with any school district
including, but not limited | 15 | | to, food service workers, school bus drivers and
other | 16 | | transportation employees, who have direct, daily contact with | 17 | | the
pupils of any school in such district. For purposes of | 18 | | criminal history records checks and checks of the Statewide Sex | 19 | | Offender Database on employees of persons or firms holding | 20 | | contracts with more
than one school district and assigned to | 21 | | more than one school district, the
regional superintendent of | 22 | | the educational service region in which the
contracting school | 23 | | districts are located may, at the request of any such
school | 24 | | district, be responsible for receiving the authorization for
a | 25 | | criminal history records check prepared by each such employee | 26 | | and submitting the same to the
Department of State Police and |
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| 1 | | for conducting a check of the Statewide Sex Offender Database | 2 | | for each employee. Any information concerning the record of
| 3 | | conviction and identification as a sex offender of any such | 4 | | employee obtained by the regional superintendent
shall be | 5 | | promptly reported to the president of the appropriate school | 6 | | board
or school boards. | 7 | | (f-5) Upon request of a school or school district, any | 8 | | information obtained by the school district pursuant to | 9 | | subsection (f) of this Section within the last year must be | 10 | | made available to the requesting school or school district. | 11 | | (g) Prior to the commencement of any student teaching | 12 | | experience or required internship (which is referred to as | 13 | | student teaching in this Section) in the public schools, a | 14 | | student teacher is required to authorize a fingerprint-based | 15 | | criminal history records check. Authorization for and payment | 16 | | of the costs of the check must be furnished by the student | 17 | | teacher to the school district. Upon receipt of this | 18 | | authorization and payment, the school district shall submit the | 19 | | student teacher's name, sex, race, date of birth, social | 20 | | security number, fingerprint images, and other identifiers, as | 21 | | prescribed by the Department of State Police, to the Department | 22 | | of State Police. The Department of State Police and the Federal | 23 | | Bureau of Investigation shall furnish, pursuant to a | 24 | | fingerprint-based criminal history records check, records of | 25 | | convictions, forever and hereinafter, until expunged, to the | 26 | | president of the board. The Department shall charge the school |
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| 1 | | district a fee for conducting the check, which fee must not | 2 | | exceed the cost of the inquiry and must be deposited into the | 3 | | State Police Services Fund. The school district shall further | 4 | | perform a check of the Statewide Sex Offender Database, as | 5 | | authorized by the Sex Offender Community Notification Law, and | 6 | | of the Statewide Murderer and Violent Offender Against Youth | 7 | | Database, as authorized by the Murderer and Violent Offender | 8 | | Against Youth Registration Act, for each student teacher. The | 9 | | board may not knowingly allow a person to student teach for | 10 | | whom a criminal history records check, a Statewide Sex Offender | 11 | | Database check, and a Statewide Murderer and Violent Offender | 12 | | Against Youth Database check have not been completed and | 13 | | reviewed by the district. The requirements of this paragraph do | 14 | | not apply to a student teacher who is already employed by the | 15 | | school district as a non-licensed staff member and has already | 16 | | undergone a criminal history records check, a Statewide Sex | 17 | | Offender Database check, and a Statewide Murderer and Violent | 18 | | Offender Against Youth Database check for the school district | 19 | | as required under this Section. | 20 | | A copy of the record of convictions obtained from the | 21 | | Department of State Police must be provided to the student | 22 | | teacher. Any information concerning the record of convictions | 23 | | obtained by the president of the board is confidential and may | 24 | | only be transmitted to the general superintendent of schools or | 25 | | his or her designee, the State Superintendent of Education, the | 26 | | State Educator Preparation and Licensure Board, or, for |
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| 1 | | clarification purposes, the Department of State Police or the | 2 | | Statewide Sex Offender Database or Statewide Murderer and | 3 | | Violent Offender Against Youth Database. Any unauthorized | 4 | | release of confidential information may be a violation of | 5 | | Section 7 of the Criminal Identification Act. | 6 | | The board may not knowingly allow a person to student teach | 7 | | who has been convicted of any offense that would subject him or | 8 | | her to license suspension or revocation pursuant to Section | 9 | | 21B-80 of this Code or who has been found to be the perpetrator | 10 | | of sexual or physical abuse of a minor under 18 years of age | 11 | | pursuant to proceedings under Article II of the Juvenile Court | 12 | | Act of 1987. | 13 | | (h) (Blank). | 14 | | (Source: P.A. 99-21, eff. 1-1-16 .)
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