HB4316 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4316

 

Introduced 1/5/2022, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9
105 ILCS 5/22-85.10 new
105 ILCS 5/22-94 new
105 ILCS 5/27A-5
105 ILCS 5/34-18.5  from Ch. 122, par. 34-18.5
820 ILCS 40/8  from Ch. 48, par. 2008

    Amends the School Code. Requires the superintendent of an employing school board to notify the State Superintendent of Education and applicable regional superintendent of schools if the superintendent has reasonable cause to believe that a license holder committed an act of sexual misconduct that resulted in the license holder's dismissal or resignation from the school district. Requires a public or nonpublic school or independent contractor to conduct an employment history review of certain applicants for employment. Requires the governing body of each school district, charter school, or nonpublic school to adopt a policy under which notice concerning an alleged act of sexual misconduct between an educator and a student is provided to the parent or guardian of that student. Sets forth the information that must be included in the notice. Amends the Personnel Record Review Act. Specifies that provisions requiring an employer to review and delete records concerning disciplinary actions that are more than 4 years old do not apply to a school district sharing information related to an incident or attempted incident of sexual misconduct. Effective immediately.


LRB102 20411 CMG 29271 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB4316LRB102 20411 CMG 29271 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9, 27A-5, and 34-18.5 and by adding Sections 22-85.10
6and 22-94 as follows:
 
7    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
8    Sec. 10-21.9. Criminal history records checks and checks
9of the Statewide Sex Offender Database and Statewide Murderer
10and Violent Offender Against Youth Database.
11    (a) Licensed and nonlicensed applicants for employment
12with a school district, except school bus driver applicants,
13are required as a condition of employment to authorize a
14fingerprint-based criminal history records check to determine
15if such applicants have been convicted of any disqualifying,
16enumerated criminal or drug offenses in subsection (c) of this
17Section or have been convicted, within 7 years of the
18application for employment with the school district, of any
19other felony under the laws of this State or of any offense
20committed or attempted in any other state or against the laws
21of the United States that, if committed or attempted in this
22State, would have been punishable as a felony under the laws of
23this State. Authorization for the check shall be furnished by

 

 

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

 

 

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

 

 

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1Offender Against Youth Database, as authorized by the Murderer
2and Violent Offender Against Youth Community Notification Law,
3for each applicant. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the
5school district or regional superintendent once for every 5
6years that an applicant remains employed by the school
7district.
8    (b) Any information concerning the record of convictions
9obtained by the president of the school board or the regional
10superintendent shall be confidential and may only be
11transmitted to the superintendent of the school district or
12his designee, the appropriate regional superintendent if the
13check was requested by the school district, the presidents of
14the appropriate school boards if the check was requested from
15the Illinois State Police by the regional superintendent, the
16State Board of Education and a school district as authorized
17under subsection (b-5), the State Superintendent of Education,
18the State Educator Preparation and Licensure Board, any other
19person necessary to the decision of hiring the applicant for
20employment, or for clarification purposes the Illinois State
21Police or Statewide Sex Offender Database, or both. A copy of
22the record of convictions obtained from the Illinois State
23Police shall be provided to the applicant for employment. Upon
24the check of the Statewide Sex Offender Database or Statewide
25Murderer and Violent Offender Against Youth Database, the
26school district or regional superintendent shall notify an

 

 

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

 

 

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1other state or against the laws of the United States that, if
2committed or attempted in this State, would have been
3punishable as a felony under the laws of this State and
4evidencing that as of the date that the regional
5superintendent conducted a check of the Statewide Sex Offender
6Database or Statewide Murderer and Violent Offender Against
7Youth Database, the applicant has not been identified in the
8Database. The school board of any school district may rely on
9the certificate issued by any regional superintendent to that
10substitute teacher, concurrent part-time teacher, or
11concurrent educational support personnel employee or may
12initiate its own criminal history records check of the
13applicant through the Illinois State Police and its own check
14of the Statewide Sex Offender Database or Statewide Murderer
15and Violent Offender Against Youth Database as provided in
16this Section. Any unauthorized release of confidential
17information may be a violation of Section 7 of the Criminal
18Identification Act.
19    (b-5) If a criminal history records check or check of the
20Statewide Sex Offender Database or Statewide Murderer and
21Violent Offender Against Youth Database is performed by a
22regional superintendent for an applicant seeking employment as
23a substitute teacher with a school district, the regional
24superintendent may disclose to the State Board of Education
25whether the applicant has been issued a certificate under
26subsection (b) based on those checks. If the State Board

 

 

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1receives information on an applicant under this subsection,
2then it must indicate in the Educator Licensure Information
3System for a 90-day period that the applicant has been issued
4or has not been issued a certificate.
5    (c) No school board shall knowingly employ a person who
6has been convicted of any offense that would subject him or her
7to license suspension or revocation pursuant to Section 21B-80
8of this Code, except as provided under subsection (b) of
9Section 21B-80. Further, no school board shall knowingly
10employ a person who has been found to be the perpetrator of
11sexual or physical abuse of any minor under 18 years of age
12pursuant to proceedings under Article II of the Juvenile Court
13Act of 1987. As a condition of employment, each school board
14must consider the status of a person who has been issued an
15indicated finding of abuse or neglect of a child by the
16Department of Children and Family Services under the Abused
17and Neglected Child Reporting Act or by a child welfare agency
18of another jurisdiction.
19    (d) No school board shall knowingly employ a person for
20whom a criminal history records check and a Statewide Sex
21Offender Database check have not been initiated.
22    (e) Within 10 days after a superintendent, regional office
23of education, or entity that provides background checks of
24license holders to public schools receives information of a
25pending criminal charge against a license holder for an
26offense set forth in Section 21B-80 of this Code, the

 

 

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1superintendent, regional office of education, or entity must
2notify the State Superintendent of Education of the pending
3criminal charge.
4    If permissible by federal or State law, no later than 15
5business days after receipt of a record of conviction or of
6checking the Statewide Murderer and Violent Offender Against
7Youth Database or the Statewide Sex Offender Database and
8finding a registration, the superintendent of the employing
9school board or the applicable regional superintendent shall,
10in writing, notify the State Superintendent of Education of
11any license holder who has been convicted of a crime set forth
12in Section 21B-80 of this Code. Upon receipt of the record of a
13conviction of or a finding of child abuse by a holder of any
14license issued pursuant to Article 21B or Section 34-8.1 or
1534-83 of the School Code, the State Superintendent of
16Education may initiate licensure suspension and revocation
17proceedings as authorized by law. If the receipt of the record
18of conviction or finding of child abuse is received within 6
19months after the initial grant of or renewal of a license, the
20State Superintendent of Education may rescind the license
21holder's license.
22    (e-5) The superintendent of the employing school board
23shall, in writing, notify the State Superintendent of
24Education and the applicable regional superintendent of
25schools of any license holder whom he or she has reasonable
26cause to believe has committed (i) an intentional act of abuse

 

 

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1or neglect with the result of making a child an abused child or
2a neglected child, as defined in Section 3 of the Abused and
3Neglected Child Reporting Act, or (ii) an act of sexual
4misconduct, as defined in Section 22-85.5 of this Code, and
5that act resulted in the license holder's dismissal or
6resignation from the school district. This notification must
7be submitted within 30 days after the dismissal or resignation
8and must include the Illinois Educator Identification Number
9(IEIN) of the license holder and a brief description of the
10misconduct alleged. The license holder must also be
11contemporaneously sent a copy of the notice by the
12superintendent. All correspondence, documentation, and other
13information so received by the regional superintendent of
14schools, the State Superintendent of Education, the State
15Board of Education, or the State Educator Preparation and
16Licensure Board under this subsection (e-5) is confidential
17and must not be disclosed to third parties, except (i) as
18necessary for the State Superintendent of Education or his or
19her designee to investigate and prosecute pursuant to Article
2021B of this Code, (ii) pursuant to a court order, (iii) for
21disclosure to the license holder or his or her representative,
22or (iv) as otherwise provided in this Article and provided
23that any such information admitted into evidence in a hearing
24is exempt from this confidentiality and non-disclosure
25requirement. Except for an act of willful or wanton
26misconduct, any superintendent who provides notification as

 

 

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

 

 

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1subsection (f) of this Section within the last year must be
2made available to the requesting school or school district.
3    (g) Prior to the commencement of any student teaching
4experience or required internship (which is referred to as
5student teaching in this Section) in the public schools, a
6student teacher is required to authorize a fingerprint-based
7criminal history records check. Authorization for and payment
8of the costs of the check must be furnished by the student
9teacher to the school district where the student teaching is
10to be completed. Upon receipt of this authorization and
11payment, the school district shall submit the student
12teacher's name, sex, race, date of birth, social security
13number, fingerprint images, and other identifiers, as
14prescribed by the Illinois State Police, to the Illinois State
15Police. The Illinois State Police and the Federal Bureau of
16Investigation shall furnish, pursuant to a fingerprint-based
17criminal history records check, records of convictions,
18forever and hereinafter, until expunged, to the president of
19the school board for the school district that requested the
20check. The Illinois State Police shall charge the school
21district a fee for conducting the check, which fee must not
22exceed the cost of the inquiry and must be deposited into the
23State Police Services Fund. The school district shall further
24perform a check of the Statewide Sex Offender Database, as
25authorized by the Sex Offender Community Notification Law, and
26of the Statewide Murderer and Violent Offender Against Youth

 

 

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1Database, as authorized by the Murderer and Violent Offender
2Against Youth Registration Act, for each student teacher. No
3school board may knowingly allow a person to student teach for
4whom a criminal history records check, a Statewide Sex
5Offender Database check, and a Statewide Murderer and Violent
6Offender Against Youth Database check have not been completed
7and reviewed by the district.
8    A copy of the record of convictions obtained from the
9Illinois State Police must be provided to the student teacher.
10Any information concerning the record of convictions obtained
11by the president of the school board is confidential and may
12only be transmitted to the superintendent of the school
13district or his or her designee, the State Superintendent of
14Education, the State Educator Preparation and Licensure Board,
15or, for clarification purposes, the Illinois State Police or
16the Statewide Sex Offender Database or Statewide Murderer and
17Violent Offender Against Youth Database. Any unauthorized
18release of confidential information may be a violation of
19Section 7 of the Criminal Identification Act.
20    No school board shall knowingly allow a person to student
21teach who has been convicted of any offense that would subject
22him or her to license suspension or revocation pursuant to
23subsection (c) of Section 21B-80 of this Code, except as
24provided under subsection (b) of Section 21B-80. Further, no
25school board shall allow a person to student teach if he or she
26has been found to be the perpetrator of sexual or physical

 

 

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1abuse of a minor under 18 years of age pursuant to proceedings
2under Article II of the Juvenile Court Act of 1987. Each school
3board must consider the status of a person to student teach who
4has been issued an indicated finding of abuse or neglect of a
5child by the Department of Children and Family Services under
6the Abused and Neglected Child Reporting Act or by a child
7welfare agency of another jurisdiction.
8    (h) (Blank).
9(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
10101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
111-1-22; revised 10-6-21.)
 
12    (105 ILCS 5/22-85.10 new)
13    Sec. 22-85.10. Parental notification of sexual misconduct.
14    (a) In this Section, "sexual misconduct" has the meaning
15ascribed to that term in Section 22-85.5 of this Code.
16    (b) The governing body of each school district, charter
17school, or nonpublic school shall adopt a policy under which
18notice of all the following information is provided to the
19parent or guardian of a student with whom an educator is
20alleged to have engaged in an act of sexual misconduct:
21        (1) That an act of sexual misconduct allegedly
22    occurred between the educator and the student.
23        (2) Whether a report concerning the alleged act of
24    sexual misconduct was submitted to the State
25    Superintendent of Education and the appropriate regional

 

 

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1    superintendent of schools.
2        (3) Whether the educator resigned before completion of
3    an investigation into the alleged act of sexual misconduct
4    or was removed or dismissed following completion of the
5    investigation.
6    (c) The policy adopted under this Section must require
7that the information under paragraph (1) of subsection (b) be
8provided as soon as feasible after the governing body becomes
9aware that an act of sexual misconduct may have occurred.
 
10    (105 ILCS 5/22-94 new)
11    Sec. 22-94. Employment history review.
12    (a) This Section applies to all positions for employment
13with a school or an independent contractor of a school
14involving direct contact with children or students.
15    (b) In this Section:
16    "Abuse" means conduct that falls under the purview and
17reporting requirements of the Abused and Neglected Child
18Reporting Act and is directed toward or against a child or
19student.
20    "Direct contact with children or students" means the
21possibility of care, supervision, guidance, or control of
22children or students or routine interaction with children or
23students.
24    "School" means a public or nonpublic elementary or
25secondary school.

 

 

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1    "Sexual misconduct" means any act, including, but not
2limited to, any verbal, nonverbal, written, or electronic
3communication or physical activity, directed toward or with a
4child or student, regardless of the age of the child or
5student, that is designed to establish a romantic or sexual
6relationship with the child or student. Such an act includes,
7but is not limited to, any of the following:
8        (1) A sexual or romantic invitation.
9        (2) Dating or soliciting a date.
10        (3) Engaging in sexualized or romantic dialog.
11        (4) Making sexually suggestive comments.
12        (5) Self-disclosure or physical exposure of a sexual,
13    romantic, or erotic nature.
14        (6) Any sexual, indecent, romantic, or erotic contact
15    with a child or student.
16    (c) Before a school or independent contractor may offer
17employment to an applicant who would be employed by or in a
18school in a position involving direct contact with children or
19students, the school or independent contractor shall do all of
20the following:
21        (1) Require the applicant to provide all of the
22    following on a standardized form developed and made
23    available by the State Board of Education:
24            (A) A list, including the name, address, and
25        telephone number and other relevant contact
26        information, of:

 

 

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1                (i) the applicant's current employer;
2                (ii) all former employers of the applicant
3            that were schools; and
4                (iii) all former employers of the applicant in
5            which the applicant was employed in a position
6            that involved direct contact with children or
7            students.
8            (B) A written authorization that consents to and
9        authorizes disclosure by the applicant's current and
10        former employers under subparagraph (A) of this
11        paragraph (1) of the information requested under
12        paragraph (2) of this subsection (c) and the release
13        of related records and that releases those employers
14        from any liability that may arise from such disclosure
15        or release of records pursuant to subsection (e).
16            (C) A written statement of whether the applicant:
17                (i) has been the subject of an abuse or sexual
18            misconduct investigation by an employer, State
19            licensing agency, law enforcement agency, or child
20            protective services agency, unless the
21            investigation resulted in a finding that an
22            allegation was false, unfounded, unsubstantiated,
23            or inconclusive;
24                (ii) has ever been discharged from, been asked
25            to resign from, resigned from, or otherwise been
26            separated from any employment, has ever been

 

 

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1            disciplined by an employer, or has ever had an
2            employment contract not renewed while an
3            allegation of abuse or sexual misconduct as
4            described in clause (i) of this subparagraph (C)
5            was pending or under investigation or due to an
6            adjudication or finding of abuse or sexual
7            misconduct as described in clause (i) of this
8            subparagraph (C); or
9                (iii) has ever had a license or certificate
10            suspended, surrendered, or revoked while an
11            allegation of abuse or sexual misconduct as
12            described in clause (i) of this subparagraph (C)
13            was pending or under investigation or due to an
14            adjudication or finding of abuse or sexual
15            misconduct as described in clause (i) of this
16            subparagraph (C).
17        (2) Conduct a review of the employment history of the
18    applicant by contacting those employers listed by the
19    applicant under subparagraph (A) of paragraph (1) of this
20    subsection (c) and requesting all of the following
21    information on a standardized form developed and made
22    available by the State Board of Education:
23            (A) The dates of employment of the applicant.
24            (B) A statement as to whether the applicant:
25                (i) was the subject of an abuse or sexual
26            misconduct investigation by an employer, State

 

 

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1            licensing agency, law enforcement agency, or child
2            protective services agency, unless the
3            investigation resulted in a finding that an
4            allegation was false, unfounded, unsubstantiated,
5            or inconclusive;
6                (ii) was discharged from, was asked to resign
7            from, resigned from, or was otherwise separated
8            from any employment, was disciplined by an
9            employer, or had an employment contract not
10            renewed while an allegation of abuse or sexual
11            misconduct as described in clause (i) of this
12            subparagraph (B) was pending or under
13            investigation or due to an adjudication or finding
14            of abuse or sexual misconduct as described in
15            clause (i) of this subparagraph (B); or
16                (iii) has ever had a license or certificate
17            suspended, surrendered, or revoked while an
18            allegation of abuse or sexual misconduct as
19            described in clause (i) of this subparagraph (B)
20            was pending or under investigation or due to an
21            adjudication or finding of abuse or sexual
22            misconduct as described in clause (i) of this
23            subparagraph (B).
24        (3) Check the eligibility for employment or
25    certification or licensure status of an applicant for a
26    position involving direct contact with children or

 

 

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1    students to determine whether the applicant holds valid
2    and active certification or licensure appropriate for the
3    position and is otherwise eligible for employment and
4    whether the applicant has been the subject of public
5    professional discipline.
6        (4) Inquire whether the State Board of Education has
7    received notification of pending criminal charges against
8    the applicant.
9    (d) An applicant who provides false information or
10willfully fails to disclose information required in subsection
11(c) shall be subject to discipline, up to and including
12termination or denial of employment, and may be subject to
13criminal prosecution under the Criminal Code of 2012 and civil
14penalties and professional discipline in accordance with
15subsection (m).
16    (e) No later than 20 days after receiving a request for
17information required under paragraph (2) of subsection (b), an
18employer who has or had an employment relationship with the
19applicant shall disclose the information requested. The
20employer shall disclose the information on a standardized form
21developed by the State Board of Education.
22    After reviewing the information initially disclosed under
23this subsection (e) and finding an affirmative response under
24subparagraph (C) of paragraph (1) of subsection (c) or
25subparagraph (B) of paragraph (2) of subsection (c), if the
26prospective employing school or independent contractor makes a

 

 

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1determination to further consider the applicant for
2employment, the school or independent contractor shall request
3that former employers provide additional information about the
4matters disclosed and all related records. Former employers
5shall provide the additional information requested no later
6than 60 days after the prospective employer's request.
7    Information received under this Section shall not be
8deemed a public record.
9    A school or independent contractor who receives
10information under this subsection (e) may use the information
11for the purpose of evaluating an applicant's fitness to be
12hired or for continued employment and may report the
13information, as appropriate, to the State Board of Education,
14a State licensing agency, a law enforcement agency, a child
15protective services agency, another school or independent
16contractor, or a prospective employer.
17    An employer, school, school administrator, or independent
18contractor who provides information or records about a current
19or former employee or applicant under this Section is immune
20from criminal and civil liability for the disclosure of the
21information or records, unless the information or records
22provided were knowingly false. This immunity shall be in
23addition to and not a limitation on any other immunity
24provided by law or any absolute or conditional privileges
25applicable to the disclosure by virtue of the circumstances or
26the applicant's consent to the disclosure.

 

 

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1    Unless the laws of another state prevent the release of
2the information or records requested or disclosure is
3restricted by the terms of a contract entered into prior to the
4effective date of this amendatory Act of the 102nd General
5Assembly, the willful failure of a former employer, school,
6school administrator, or independent contractor to respond or
7provide the information and records requested may result in
8civil penalties and professional discipline, if appropriate,
9in accordance with subsection (m).
10    Notwithstanding any other provision of law to the
11contrary, an employer, school, school administrator,
12independent contractor, or applicant shall report and
13disclose, in accordance with this Section, all relevant
14information, records, and documentation that may otherwise be
15confidential.
16    (f) A school or independent contractor may not hire an
17applicant who does not provide the information required under
18subsection (c) for a position involving direct contact with
19children or students. A school or independent contractor may
20hire an applicant on a provisional basis for a period not to
21exceed 90 days pending the school's or independent
22contractor's review of the information and records received
23under this Section, provided that all of the following are
24satisfied:
25        (1) The applicant has provided all of the information
26    and supporting documentation required under subsection

 

 

HB4316- 22 -LRB102 20411 CMG 29271 b

1    (c).
2        (2) The school or independent contractor has no
3    knowledge of information pertaining to the applicant that
4    would disqualify the applicant from employment.
5        (3) The applicant swears or affirms that the applicant
6    is not disqualified from employment.
7        (4) The applicant is not permitted by the school or
8    independent contractor to work alone with children or
9    students and is required to work in the immediate vicinity
10    of a permanent employee.
11    (g) Beginning on the effective date of this amendatory Act
12of the 102nd General Assembly, a school or independent
13contractor may not enter into a collective bargaining
14agreement, an employment contract, an agreement for
15resignation or termination, a severance agreement, or any
16other contract or agreement or take any action that:
17        (1) has the effect of suppressing information
18    concerning an investigation related to a report of
19    suspected abuse or sexual misconduct by a current or
20    former employee;
21        (2) affects the ability of the school or independent
22    contractor to report suspected abuse or sexual misconduct
23    to the appropriate authorities; or
24        (3) requires the school or independent contractor to
25    expunge information about allegations or findings of
26    suspected abuse or sexual misconduct from any documents

 

 

HB4316- 23 -LRB102 20411 CMG 29271 b

1    maintained by the school or independent contractor,
2    unless, after an investigation, an allegation is found to
3    be false, unfounded, unsubstantiated, or inconclusive.
4    (h) Any provision of an employment contract or agreement
5for resignation or termination or a severance agreement that
6is executed, amended, or entered into on or after the
7effective date of this amendatory Act of the 102nd General
8Assembly and that is contrary to this Section is void and
9unenforceable.
10    (i) For purposes of this subsection (i), "substitute
11employee" does not include a school bus driver employed by an
12independent contractor.
13    For substitute employees, all of the following apply:
14        (1) The employment history review required by this
15    Section is required only prior to the initial hiring of a
16    substitute employee or placement on the school's approved
17    substitute list and shall remain valid as long as the
18    substitute employee continues to be employed by the same
19    school or remains on the school's approved substitute
20    list.
21        (2) A substitute employee seeking to be added to
22    another school's substitute list shall undergo an
23    additional employment history review under this Section.
24    Except as otherwise provided in paragraph (3) of this
25    subsection (i), the appearance of a substitute employee on
26    one school's substitute list does not relieve another

 

 

HB4316- 24 -LRB102 20411 CMG 29271 b

1    school from compliance with this Section.
2        (3) An employment history review conducted upon
3    initial hiring of a substitute employee by an independent
4    contractor or any other entity that furnishes substitute
5    staffing services to schools shall satisfy the
6    requirements of this Section for all schools using the
7    services of that independent contractor or other entity.
8        (4) An independent contractor or any other entity
9    furnishing substitute staffing services to schools shall
10    comply with paragraphs (3) and (4) of subsection (j).
11    (j) For employees of independent contractors, all of the
12following apply:
13        (1) The employment history review required by this
14    Section shall be performed, either at the time of the
15    initial hiring of an employee or prior to the assignment
16    of an existing employee to perform work for a school in a
17    position involving direct contact with children or
18    students. The review shall remain valid as long as the
19    employee remains employed by the same independent
20    contractor, even if assigned to perform work for other
21    schools.
22        (2) An independent contractor shall maintain records
23    documenting employment history reviews for all employees
24    as required by this Section and, upon request, shall
25    provide a school for whom an employee is assigned to
26    perform work access to the records pertaining to that

 

 

HB4316- 25 -LRB102 20411 CMG 29271 b

1    employee.
2        (3) Prior to assigning an employee to perform work for
3    a school in a position involving direct contact with
4    children or students, the independent contractor shall
5    inform the school of any instance known to the independent
6    contractor in which the employee:
7            (A) was the subject of an abuse or sexual
8        misconduct investigation by an employer, State
9        licensing agency, law enforcement authority, or child
10        protective services agency, unless the investigation
11        resulted in a finding that an allegation was false,
12        unfounded, unsubstantiated, or inconclusive;
13            (B) has ever been discharged, been asked to resign
14        from, resigned from, or otherwise been separated from
15        any employment, been removed from a substitute list,
16        been disciplined by an employer, or had an employment
17        contract not renewed while an allegation of abuse or
18        sexual misconduct as described in subparagraph (A) was
19        pending or under investigation or due to an
20        adjudication or finding of abuse or sexual misconduct
21        as described in subparagraph (A); or
22            (C) has ever had a license or certificate
23        suspended, surrendered, or revoked while an allegation
24        of abuse or sexual misconduct as described in
25        subparagraph (A) was pending or under investigation or
26        due to an adjudication or finding of abuse or sexual

 

 

HB4316- 26 -LRB102 20411 CMG 29271 b

1        misconduct as described in subparagraph (A).
2        (4) The independent contractor may not assign an
3    employee to perform work for a school in a position
4    involving direct contact with children or students if the
5    school objects to the assignment after being informed of
6    an instance listed in paragraph (3).
7    (k) An applicant who has undergone an employment history
8review under this Section and seeks to transfer to or provide
9services to another school in the same school district,
10diocese, or religious jurisdiction or to another school
11established and supervised by the same organization is not
12required to obtain additional reports under this Section
13before transferring.
14    (l) Nothing in this Section shall be construed:
15        (1) to prevent a prospective employer from conducting
16    further investigations of prospective employees or from
17    requiring applicants to provide additional background
18    information or authorizations beyond what is required
19    under this Section, nor to prevent a former employer from
20    disclosing more information than what is required under
21    this Section;
22        (2) to relieve a school, school administrator, or
23    independent contractor of any legal responsibility to
24    report abuse or sexual misconduct in accordance with State
25    and federal reporting requirements; or
26        (3) to prohibit the right of the exclusive bargaining

 

 

HB4316- 27 -LRB102 20411 CMG 29271 b

1    representative under a collective bargaining agreement to
2    grieve and arbitrate the validity of an employee's
3    termination or discipline for just cause.
4    (m) The State Board of Education shall have jurisdiction
5to determine willful violations of this Section and may,
6following a hearing, assess a civil penalty not to exceed
7$10,000. The Attorney General may bring an action in the
8circuit court to enforce the collection of any monetary
9penalty imposed under this Section.
10    A school is prohibited from contracting with an
11independent contractor who is found to have willfully violated
12the provisions of this Section.
13    The State Board of Education may initiate disciplinary
14action against any applicant, employee, independent
15contractor, or school administrator who is subject to this
16Code for willful violations of this Section.
17    (n) The State Board of Education shall develop the forms
18for applicants and employers required under paragraphs (1) and
19(2) of subsection (c) and subsection (e), as well as any other
20forms necessary to carry out the provisions of this Section.
 
21    (105 ILCS 5/27A-5)
22    (Text of Section before amendment by P.A. 102-157 and P.A.
23102-466)
24    Sec. 27A-5. Charter school; legal entity; requirements.
25    (a) A charter school shall be a public, nonsectarian,

 

 

HB4316- 28 -LRB102 20411 CMG 29271 b

1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status.
8Beginning on April 16, 2003 (the effective date of Public Act
993-3), in all new applications to establish a charter school
10in a city having a population exceeding 500,000, operation of
11the charter school shall be limited to one campus. The changes
12made to this Section by Public Act 93-3 do not apply to charter
13schools existing or approved on or before April 16, 2003 (the
14effective date of Public Act 93-3).
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

HB4316- 29 -LRB102 20411 CMG 29271 b

1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter
6school shall be subject to the Freedom of Information Act and
7the Open Meetings Act. No later than January 1, 2021 (one year
8after the effective date of Public Act 101-291), a charter
9school's board of directors or other governing body must
10include at least one parent or guardian of a pupil currently
11enrolled in the charter school who may be selected through the
12charter school or a charter network election, appointment by
13the charter school's board of directors or other governing
14body, or by the charter school's Parent Teacher Organization
15or its equivalent.
16    (c-5) No later than January 1, 2021 (one year after the
17effective date of Public Act 101-291) or within the first year
18of his or her first term, every voting member of a charter
19school's board of directors or other governing body shall
20complete a minimum of 4 hours of professional development
21leadership training to ensure that each member has sufficient
22familiarity with the board's or governing body's role and
23responsibilities, including financial oversight and
24accountability of the school, evaluating the principal's and
25school's performance, adherence to the Freedom of Information
26Act and the Open Meetings Act, and compliance with education

 

 

HB4316- 30 -LRB102 20411 CMG 29271 b

1and labor law. In each subsequent year of his or her term, a
2voting member of a charter school's board of directors or
3other governing body shall complete a minimum of 2 hours of
4professional development training in these same areas. The
5training under this subsection may be provided or certified by
6a statewide charter school membership association or may be
7provided or certified by other qualified providers approved by
8the State Board of Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and
15school personnel. "Non-curricular health and safety
16requirement" does not include any course of study or
17specialized instructional requirement for which the State
18Board has established goals and learning standards or which is
19designed primarily to impart knowledge and skills for students
20to master and apply as an outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall

 

 

HB4316- 31 -LRB102 20411 CMG 29271 b

1be updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs, including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. The contractor shall not be an employee of the charter
23school or affiliated with the charter school or its authorizer
24in any way, other than to audit the charter school's finances.
25To ensure financial accountability for the use of public
26funds, on or before December 1 of every year of operation, each

 

 

HB4316- 32 -LRB102 20411 CMG 29271 b

1charter school shall submit to its authorizer and the State
2Board a copy of its audit and a copy of the Form 990 the
3charter school filed that year with the federal Internal
4Revenue Service. In addition, if deemed necessary for proper
5financial oversight of the charter school, an authorizer may
6require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act,
10all federal and State laws and rules applicable to public
11schools that pertain to special education and the instruction
12of English learners, and its charter. A charter school is
13exempt from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code
17    regarding criminal history records checks and checks of
18    the Statewide Sex Offender Database and Statewide Murderer
19    and Violent Offender Against Youth Database of applicants
20    for employment;
21        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22    34-84a of this Code regarding discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of

 

 

HB4316- 33 -LRB102 20411 CMG 29271 b

1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (5.5) subsection (b) of Section 10-23.12 and
4    subsection (b) of Section 34-18.6 of this Code;
5        (6) the Illinois School Student Records Act;
6        (7) Section 10-17a of this Code regarding school
7    report cards;
8        (8) the P-20 Longitudinal Education Data System Act;
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention;
11        (10) Section 2-3.162 of this Code regarding student
12    discipline reporting;
13        (11) Sections 22-80 and 27-8.1 of this Code;
14        (12) Sections 10-20.60 and 34-18.53 of this Code;
15        (13) Sections 10-20.63 and 34-18.56 of this Code;
16        (14) Section 26-18 of this Code;
17        (15) Section 22-30 of this Code;
18        (16) Sections 24-12 and 34-85 of this Code; and
19        (17) the Seizure Smart School Act;
20        (18) Section 2-3.64a-10 of this Code; and
21        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
22        (20) (19) Section 10-22.25b of this Code; .
23        (21) (19) Section 27-9.1a of this Code;
24        (22) (20) Section 27-9.1b of this Code; and
25        (23) (21) Section 34-18.8 of this Code; and .
26        (25) Section 22-85.10 of this Code.

 

 

HB4316- 34 -LRB102 20411 CMG 29271 b

1    The change made by Public Act 96-104 to this subsection
2(g) is declaratory of existing law.
3    (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required
12to perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after
14April 16, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection
20(i) of this Section, a school district may charge a charter
21school reasonable rent for the use of the district's
22buildings, grounds, and facilities. Any services for which a
23charter school contracts with a school district shall be
24provided by the district at cost. Any services for which a
25charter school contracts with a local school board or with the
26governing body of a State college or university or public

 

 

HB4316- 35 -LRB102 20411 CMG 29271 b

1community college shall be provided by the public entity at
2cost.
3    (i) In no event shall a charter school that is established
4by converting an existing school or attendance center to
5charter school status be required to pay rent for space that is
6deemed available, as negotiated and provided in the charter
7agreement, in school district facilities. However, all other
8costs for the operation and maintenance of school district
9facilities that are used by the charter school shall be
10subject to negotiation between the charter school and the
11local school board and shall be set forth in the charter.
12    (j) A charter school may limit student enrollment by age
13or grade level.
14    (k) If the charter school is approved by the State Board or
15Commission, then the charter school is its own local education
16agency.
17(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
18101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
198-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
20eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
21102-558, eff. 8-20-21; revised 10-5-21.)
 
22    (Text of Section after amendment by P.A. 102-157 but
23before amendment by P.A. 102-466)
24    Sec. 27A-5. Charter school; legal entity; requirements.
25    (a) A charter school shall be a public, nonsectarian,

 

 

HB4316- 36 -LRB102 20411 CMG 29271 b

1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status.
8Beginning on April 16, 2003 (the effective date of Public Act
993-3), in all new applications to establish a charter school
10in a city having a population exceeding 500,000, operation of
11the charter school shall be limited to one campus. The changes
12made to this Section by Public Act 93-3 do not apply to charter
13schools existing or approved on or before April 16, 2003 (the
14effective date of Public Act 93-3).
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

HB4316- 37 -LRB102 20411 CMG 29271 b

1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter
6school shall be subject to the Freedom of Information Act and
7the Open Meetings Act. No later than January 1, 2021 (one year
8after the effective date of Public Act 101-291), a charter
9school's board of directors or other governing body must
10include at least one parent or guardian of a pupil currently
11enrolled in the charter school who may be selected through the
12charter school or a charter network election, appointment by
13the charter school's board of directors or other governing
14body, or by the charter school's Parent Teacher Organization
15or its equivalent.
16    (c-5) No later than January 1, 2021 (one year after the
17effective date of Public Act 101-291) or within the first year
18of his or her first term, every voting member of a charter
19school's board of directors or other governing body shall
20complete a minimum of 4 hours of professional development
21leadership training to ensure that each member has sufficient
22familiarity with the board's or governing body's role and
23responsibilities, including financial oversight and
24accountability of the school, evaluating the principal's and
25school's performance, adherence to the Freedom of Information
26Act and the Open Meetings Act, and compliance with education

 

 

HB4316- 38 -LRB102 20411 CMG 29271 b

1and labor law. In each subsequent year of his or her term, a
2voting member of a charter school's board of directors or
3other governing body shall complete a minimum of 2 hours of
4professional development training in these same areas. The
5training under this subsection may be provided or certified by
6a statewide charter school membership association or may be
7provided or certified by other qualified providers approved by
8the State Board of Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and
15school personnel. "Non-curricular health and safety
16requirement" does not include any course of study or
17specialized instructional requirement for which the State
18Board has established goals and learning standards or which is
19designed primarily to impart knowledge and skills for students
20to master and apply as an outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall

 

 

HB4316- 39 -LRB102 20411 CMG 29271 b

1be updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs, including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. The contractor shall not be an employee of the charter
23school or affiliated with the charter school or its authorizer
24in any way, other than to audit the charter school's finances.
25To ensure financial accountability for the use of public
26funds, on or before December 1 of every year of operation, each

 

 

HB4316- 40 -LRB102 20411 CMG 29271 b

1charter school shall submit to its authorizer and the State
2Board a copy of its audit and a copy of the Form 990 the
3charter school filed that year with the federal Internal
4Revenue Service. In addition, if deemed necessary for proper
5financial oversight of the charter school, an authorizer may
6require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act,
10all federal and State laws and rules applicable to public
11schools that pertain to special education and the instruction
12of English learners, and its charter. A charter school is
13exempt from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code
17    regarding criminal history records checks and checks of
18    the Statewide Sex Offender Database and Statewide Murderer
19    and Violent Offender Against Youth Database of applicants
20    for employment;
21        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22    34-84a of this Code regarding discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of

 

 

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1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (5.5) subsection (b) of Section 10-23.12 and
4    subsection (b) of Section 34-18.6 of this Code;
5        (6) the Illinois School Student Records Act;
6        (7) Section 10-17a of this Code regarding school
7    report cards;
8        (8) the P-20 Longitudinal Education Data System Act;
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention;
11        (10) Section 2-3.162 of this Code regarding student
12    discipline reporting;
13        (11) Sections 22-80 and 27-8.1 of this Code;
14        (12) Sections 10-20.60 and 34-18.53 of this Code;
15        (13) Sections 10-20.63 and 34-18.56 of this Code;
16        (14) Sections 22-90 and 26-18 of this Code;
17        (15) Section 22-30 of this Code;
18        (16) Sections 24-12 and 34-85 of this Code; and
19        (17) the Seizure Smart School Act;
20        (18) Section 2-3.64a-10 of this Code; and
21        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
22        (20) (19) Section 10-22.25b of this Code; .
23        (21) (19) Section 27-9.1a of this Code;
24        (22) (20) Section 27-9.1b of this Code; and
25        (23) (21) Section 34-18.8 of this Code; and .
26        (25) Section 22-85.10 of this Code.

 

 

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1    The change made by Public Act 96-104 to this subsection
2(g) is declaratory of existing law.
3    (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required
12to perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after
14April 16, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection
20(i) of this Section, a school district may charge a charter
21school reasonable rent for the use of the district's
22buildings, grounds, and facilities. Any services for which a
23charter school contracts with a school district shall be
24provided by the district at cost. Any services for which a
25charter school contracts with a local school board or with the
26governing body of a State college or university or public

 

 

HB4316- 43 -LRB102 20411 CMG 29271 b

1community college shall be provided by the public entity at
2cost.
3    (i) In no event shall a charter school that is established
4by converting an existing school or attendance center to
5charter school status be required to pay rent for space that is
6deemed available, as negotiated and provided in the charter
7agreement, in school district facilities. However, all other
8costs for the operation and maintenance of school district
9facilities that are used by the charter school shall be
10subject to negotiation between the charter school and the
11local school board and shall be set forth in the charter.
12    (j) A charter school may limit student enrollment by age
13or grade level.
14    (k) If the charter school is approved by the State Board or
15Commission, then the charter school is its own local education
16agency.
17(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
18101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
198-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
20eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
21102-522, eff. 8-20-21; 102-558, eff. 8-20-21; revised
2210-5-21.)
 
23    (Text of Section after amendment by P.A. 102-466)
24    Sec. 27A-5. Charter school; legal entity; requirements.
25    (a) A charter school shall be a public, nonsectarian,

 

 

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1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status.
8Beginning on April 16, 2003 (the effective date of Public Act
993-3), in all new applications to establish a charter school
10in a city having a population exceeding 500,000, operation of
11the charter school shall be limited to one campus. The changes
12made to this Section by Public Act 93-3 do not apply to charter
13schools existing or approved on or before April 16, 2003 (the
14effective date of Public Act 93-3).
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

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1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter
6school shall be subject to the Freedom of Information Act and
7the Open Meetings Act. No later than January 1, 2021 (one year
8after the effective date of Public Act 101-291), a charter
9school's board of directors or other governing body must
10include at least one parent or guardian of a pupil currently
11enrolled in the charter school who may be selected through the
12charter school or a charter network election, appointment by
13the charter school's board of directors or other governing
14body, or by the charter school's Parent Teacher Organization
15or its equivalent.
16    (c-5) No later than January 1, 2021 (one year after the
17effective date of Public Act 101-291) or within the first year
18of his or her first term, every voting member of a charter
19school's board of directors or other governing body shall
20complete a minimum of 4 hours of professional development
21leadership training to ensure that each member has sufficient
22familiarity with the board's or governing body's role and
23responsibilities, including financial oversight and
24accountability of the school, evaluating the principal's and
25school's performance, adherence to the Freedom of Information
26Act and the Open Meetings Act, and compliance with education

 

 

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1and labor law. In each subsequent year of his or her term, a
2voting member of a charter school's board of directors or
3other governing body shall complete a minimum of 2 hours of
4professional development training in these same areas. The
5training under this subsection may be provided or certified by
6a statewide charter school membership association or may be
7provided or certified by other qualified providers approved by
8the State Board of Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and
15school personnel. "Non-curricular health and safety
16requirement" does not include any course of study or
17specialized instructional requirement for which the State
18Board has established goals and learning standards or which is
19designed primarily to impart knowledge and skills for students
20to master and apply as an outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall

 

 

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1be updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs, including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. The contractor shall not be an employee of the charter
23school or affiliated with the charter school or its authorizer
24in any way, other than to audit the charter school's finances.
25To ensure financial accountability for the use of public
26funds, on or before December 1 of every year of operation, each

 

 

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1charter school shall submit to its authorizer and the State
2Board a copy of its audit and a copy of the Form 990 the
3charter school filed that year with the federal Internal
4Revenue Service. In addition, if deemed necessary for proper
5financial oversight of the charter school, an authorizer may
6require quarterly financial statements from each charter
7school.
8    (g) A charter school shall comply with all provisions of
9this Article, the Illinois Educational Labor Relations Act,
10all federal and State laws and rules applicable to public
11schools that pertain to special education and the instruction
12of English learners, and its charter. A charter school is
13exempt from all other State laws and regulations in this Code
14governing public schools and local school board policies;
15however, a charter school is not exempt from the following:
16        (1) Sections 10-21.9 and 34-18.5 of this Code
17    regarding criminal history records checks and checks of
18    the Statewide Sex Offender Database and Statewide Murderer
19    and Violent Offender Against Youth Database of applicants
20    for employment;
21        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
22    34-84a of this Code regarding discipline of students;
23        (3) the Local Governmental and Governmental Employees
24    Tort Immunity Act;
25        (4) Section 108.75 of the General Not For Profit
26    Corporation Act of 1986 regarding indemnification of

 

 

HB4316- 49 -LRB102 20411 CMG 29271 b

1    officers, directors, employees, and agents;
2        (5) the Abused and Neglected Child Reporting Act;
3        (5.5) subsection (b) of Section 10-23.12 and
4    subsection (b) of Section 34-18.6 of this Code;
5        (6) the Illinois School Student Records Act;
6        (7) Section 10-17a of this Code regarding school
7    report cards;
8        (8) the P-20 Longitudinal Education Data System Act;
9        (9) Section 27-23.7 of this Code regarding bullying
10    prevention;
11        (10) Section 2-3.162 of this Code regarding student
12    discipline reporting;
13        (11) Sections 22-80 and 27-8.1 of this Code;
14        (12) Sections 10-20.60 and 34-18.53 of this Code;
15        (13) Sections 10-20.63 and 34-18.56 of this Code;
16        (14) Sections 22-90 and 26-18 of this Code;
17        (15) Section 22-30 of this Code;
18        (16) Sections 24-12 and 34-85 of this Code; and
19        (17) the Seizure Smart School Act;
20        (18) Section 2-3.64a-10 of this Code; and
21        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
22        (20) (19) Section 10-22.25b of this Code; .
23        (21) (19) Section 27-9.1a of this Code;
24        (22) (20) Section 27-9.1b of this Code; and
25        (23) (21) Section 34-18.8 of this Code; .
26        (24) (19) Article 26A of this Code; and .

 

 

HB4316- 50 -LRB102 20411 CMG 29271 b

1        (25) Section 22-85.10 of this Code.
2    The change made by Public Act 96-104 to this subsection
3(g) is declaratory of existing law.
4    (h) A charter school may negotiate and contract with a
5school district, the governing body of a State college or
6university or public community college, or any other public or
7for-profit or nonprofit private entity for: (i) the use of a
8school building and grounds or any other real property or
9facilities that the charter school desires to use or convert
10for use as a charter school site, (ii) the operation and
11maintenance thereof, and (iii) the provision of any service,
12activity, or undertaking that the charter school is required
13to perform in order to carry out the terms of its charter.
14However, a charter school that is established on or after
15April 16, 2003 (the effective date of Public Act 93-3) and that
16operates in a city having a population exceeding 500,000 may
17not contract with a for-profit entity to manage or operate the
18school during the period that commences on April 16, 2003 (the
19effective date of Public Act 93-3) and concludes at the end of
20the 2004-2005 school year. Except as provided in subsection
21(i) of this Section, a school district may charge a charter
22school reasonable rent for the use of the district's
23buildings, grounds, and facilities. Any services for which a
24charter school contracts with a school district shall be
25provided by the district at cost. Any services for which a
26charter school contracts with a local school board or with the

 

 

HB4316- 51 -LRB102 20411 CMG 29271 b

1governing body of a State college or university or public
2community college shall be provided by the public entity at
3cost.
4    (i) In no event shall a charter school that is established
5by converting an existing school or attendance center to
6charter school status be required to pay rent for space that is
7deemed available, as negotiated and provided in the charter
8agreement, in school district facilities. However, all other
9costs for the operation and maintenance of school district
10facilities that are used by the charter school shall be
11subject to negotiation between the charter school and the
12local school board and shall be set forth in the charter.
13    (j) A charter school may limit student enrollment by age
14or grade level.
15    (k) If the charter school is approved by the State Board or
16Commission, then the charter school is its own local education
17agency.
18(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
19101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
208-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
21eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
22102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
238-20-21; revised 10-5-21.)
 
24    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
25    Sec. 34-18.5. Criminal history records checks and checks

 

 

HB4316- 52 -LRB102 20411 CMG 29271 b

1of the Statewide Sex Offender Database and Statewide Murderer
2and Violent Offender Against Youth Database.
3    (a) Licensed and nonlicensed applicants for employment
4with the school district are required as a condition of
5employment to authorize a fingerprint-based criminal history
6records check to determine if such applicants have been
7convicted of any disqualifying, enumerated criminal or drug
8offense in subsection (c) of this Section or have been
9convicted, within 7 years of the application for employment
10with the school district, of any other felony under the laws of
11this State or of any offense committed or attempted in any
12other state or against the laws of the United States that, if
13committed or attempted in this State, would have been
14punishable as a felony under the laws of this State.
15Authorization for the check shall be furnished by the
16applicant to the school district, except that if the applicant
17is a substitute teacher seeking employment in more than one
18school district, or a teacher seeking concurrent part-time
19employment positions with more than one school district (as a
20reading specialist, special education teacher or otherwise),
21or an educational support personnel employee seeking
22employment positions with more than one district, any such
23district may require the applicant to furnish authorization
24for the check to the regional superintendent of the
25educational service region in which are located the school
26districts in which the applicant is seeking employment as a

 

 

HB4316- 53 -LRB102 20411 CMG 29271 b

1substitute or concurrent part-time teacher or concurrent
2educational support personnel employee. Upon receipt of this
3authorization, the school district or the appropriate regional
4superintendent, as the case may be, shall submit the
5applicant's name, sex, race, date of birth, social security
6number, fingerprint images, and other identifiers, as
7prescribed by the Illinois State Police, to the Illinois State
8Police. The regional superintendent submitting the requisite
9information to the Illinois State Police shall promptly notify
10the school districts in which the applicant is seeking
11employment as a substitute or concurrent part-time teacher or
12concurrent educational support personnel employee that the
13check of the applicant has been requested. The Illinois State
14Police and the Federal Bureau of Investigation shall furnish,
15pursuant to a fingerprint-based criminal history records
16check, records of convictions, forever and hereinafter, until
17expunged, to the president of the school board for the school
18district that requested the check, or to the regional
19superintendent who requested the check. The Illinois State
20Police shall charge the school district or the appropriate
21regional superintendent a fee for conducting such check, which
22fee shall be deposited in the State Police Services Fund and
23shall not exceed the cost of the inquiry; and the applicant
24shall not be charged a fee for such check by the school
25district or by the regional superintendent. Subject to
26appropriations for these purposes, the State Superintendent of

 

 

HB4316- 54 -LRB102 20411 CMG 29271 b

1Education shall reimburse the school district and regional
2superintendent for fees paid to obtain criminal history
3records checks under this Section.
4    (a-5) The school district or regional superintendent shall
5further perform a check of the Statewide Sex Offender
6Database, as authorized by the Sex Offender Community
7Notification Law, for each applicant. The check of the
8Statewide Sex Offender Database must be conducted by the
9school district or regional superintendent once for every 5
10years that an applicant remains employed by the school
11district.
12    (a-6) The school district or regional superintendent shall
13further perform a check of the Statewide Murderer and Violent
14Offender Against Youth Database, as authorized by the Murderer
15and Violent Offender Against Youth Community Notification Law,
16for each applicant. The check of the Murderer and Violent
17Offender Against Youth Database must be conducted by the
18school district or regional superintendent once for every 5
19years that an applicant remains employed by the school
20district.
21    (b) Any information concerning the record of convictions
22obtained by the president of the board of education or the
23regional superintendent shall be confidential and may only be
24transmitted to the general superintendent of the school
25district or his designee, the appropriate regional
26superintendent if the check was requested by the board of

 

 

HB4316- 55 -LRB102 20411 CMG 29271 b

1education for the school district, the presidents of the
2appropriate board of education or school boards if the check
3was requested from the Illinois State Police by the regional
4superintendent, the State Board of Education and the school
5district as authorized under subsection (b-5), the State
6Superintendent of Education, the State Educator Preparation
7and Licensure Board or any other person necessary to the
8decision of hiring the applicant for employment. A copy of the
9record of convictions obtained from the Illinois State Police
10shall be provided to the applicant for employment. Upon the
11check of the Statewide Sex Offender Database or Statewide
12Murderer and Violent Offender Against Youth Database, the
13school district or regional superintendent shall notify an
14applicant as to whether or not the applicant has been
15identified in the Database. If a check of an applicant for
16employment as a substitute or concurrent part-time teacher or
17concurrent educational support personnel employee in more than
18one school district was requested by the regional
19superintendent, and the Illinois State Police upon a check
20ascertains that the applicant has not been convicted of any of
21the enumerated criminal or drug offenses in subsection (c) of
22this Section or has not been convicted, within 7 years of the
23application for employment with the school district, of any
24other felony under the laws of this State or of any offense
25committed or attempted in any other state or against the laws
26of the United States that, if committed or attempted in this

 

 

HB4316- 56 -LRB102 20411 CMG 29271 b

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

 

 

HB4316- 57 -LRB102 20411 CMG 29271 b

1of the Statewide Sex Offender Database or Statewide Murderer
2and Violent Offender Against Youth Database as provided in
3this Section. Any unauthorized release of confidential
4information may be a violation of Section 7 of the Criminal
5Identification Act.
6    (b-5) If a criminal history records check or check of the
7Statewide Sex Offender Database or Statewide Murderer and
8Violent Offender Against Youth Database is performed by a
9regional superintendent for an applicant seeking employment as
10a substitute teacher with the school district, the regional
11superintendent may disclose to the State Board of Education
12whether the applicant has been issued a certificate under
13subsection (b) based on those checks. If the State Board
14receives information on an applicant under this subsection,
15then it must indicate in the Educator Licensure Information
16System for a 90-day period that the applicant has been issued
17or has not been issued a certificate.
18    (c) The board of education shall not knowingly employ a
19person who has been convicted of any offense that would
20subject him or her to license suspension or revocation
21pursuant to Section 21B-80 of this Code, except as provided
22under subsection (b) of 21B-80. Further, the board of
23education shall not knowingly employ a person who has been
24found to be the perpetrator of sexual or physical abuse of any
25minor under 18 years of age pursuant to proceedings under
26Article II of the Juvenile Court Act of 1987. As a condition of

 

 

HB4316- 58 -LRB102 20411 CMG 29271 b

1employment, the board of education must consider the status of
2a person who has been issued an indicated finding of abuse or
3neglect of a child by the Department of Children and Family
4Services under the Abused and Neglected Child Reporting Act or
5by a child welfare agency of another jurisdiction.
6    (d) The board of education shall not knowingly employ a
7person for whom a criminal history records check and a
8Statewide Sex Offender Database check have not been initiated.
9    (e) Within 10 days after the general superintendent of
10schools, a regional office of education, or an entity that
11provides background checks of license holders to public
12schools receives information of a pending criminal charge
13against a license holder for an offense set forth in Section
1421B-80 of this Code, the superintendent, regional office of
15education, or entity must notify the State Superintendent of
16Education of the pending criminal charge.
17    No later than 15 business days after receipt of a record of
18conviction or of checking the Statewide Murderer and Violent
19Offender Against Youth Database or the Statewide Sex Offender
20Database and finding a registration, the general
21superintendent of schools or the applicable regional
22superintendent shall, in writing, notify the State
23Superintendent of Education of any license holder who has been
24convicted of a crime set forth in Section 21B-80 of this Code.
25Upon receipt of the record of a conviction of or a finding of
26child abuse by a holder of any license issued pursuant to

 

 

HB4316- 59 -LRB102 20411 CMG 29271 b

1Article 21B or Section 34-8.1 or 34-83 of this Code, the State
2Superintendent of Education may initiate licensure suspension
3and revocation proceedings as authorized by law. If the
4receipt of the record of conviction or finding of child abuse
5is received within 6 months after the initial grant of or
6renewal of a license, the State Superintendent of Education
7may rescind the license holder's license.
8    (e-5) The general superintendent of schools shall, in
9writing, notify the State Superintendent of Education of any
10license holder whom he or she has reasonable cause to believe
11has committed (i) an intentional act of abuse or neglect with
12the result of making a child an abused child or a neglected
13child, as defined in Section 3 of the Abused and Neglected
14Child Reporting Act or (ii) an act of sexual misconduct, as
15defined in Section 22-85.5 of this Code, and that act resulted
16in the license holder's dismissal or resignation from the
17school district and must include the Illinois Educator
18Identification Number (IEIN) of the license holder and a brief
19description of the misconduct alleged. This notification must
20be submitted within 30 days after the dismissal or
21resignation. The license holder must also be contemporaneously
22sent a copy of the notice by the superintendent. All
23correspondence, documentation, and other information so
24received by the State Superintendent of Education, the State
25Board of Education, or the State Educator Preparation and
26Licensure Board under this subsection (e-5) is confidential

 

 

HB4316- 60 -LRB102 20411 CMG 29271 b

1and must not be disclosed to third parties, except (i) as
2necessary for the State Superintendent of Education or his or
3her designee to investigate and prosecute pursuant to Article
421B of this Code, (ii) pursuant to a court order, (iii) for
5disclosure to the license holder or his or her representative,
6or (iv) as otherwise provided in this Article and provided
7that any such information admitted into evidence in a hearing
8is exempt from this confidentiality and non-disclosure
9requirement. Except for an act of willful or wanton
10misconduct, any superintendent who provides notification as
11required in this subsection (e-5) shall have immunity from any
12liability, whether civil or criminal or that otherwise might
13result by reason of such action.
14    (f) After March 19, 1990, the provisions of this Section
15shall apply to all employees of persons or firms holding
16contracts with any school district including, but not limited
17to, food service workers, school bus drivers and other
18transportation employees, who have direct, daily contact with
19the pupils of any school in such district. For purposes of
20criminal history records checks and checks of the Statewide
21Sex Offender Database on employees of persons or firms holding
22contracts with more than one school district and assigned to
23more than one school district, the regional superintendent of
24the educational service region in which the contracting school
25districts are located may, at the request of any such school
26district, be responsible for receiving the authorization for a

 

 

HB4316- 61 -LRB102 20411 CMG 29271 b

1criminal history records check prepared by each such employee
2and submitting the same to the Illinois State Police and for
3conducting a check of the Statewide Sex Offender Database for
4each employee. Any information concerning the record of
5conviction and identification as a sex offender of any such
6employee obtained by the regional superintendent shall be
7promptly reported to the president of the appropriate school
8board or school boards.
9    (f-5) Upon request of a school or school district, any
10information obtained by the school district pursuant to
11subsection (f) of this Section within the last year must be
12made available to the requesting school or school district.
13    (g) Prior to the commencement of any student teaching
14experience or required internship (which is referred to as
15student teaching in this Section) in the public schools, a
16student teacher is required to authorize a fingerprint-based
17criminal history records check. Authorization for and payment
18of the costs of the check must be furnished by the student
19teacher to the school district. Upon receipt of this
20authorization and payment, the school district shall submit
21the student teacher's name, sex, race, date of birth, social
22security number, fingerprint images, and other identifiers, as
23prescribed by the Illinois State Police, to the Illinois State
24Police. The Illinois State Police and the Federal Bureau of
25Investigation shall furnish, pursuant to a fingerprint-based
26criminal history records check, records of convictions,

 

 

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1forever and hereinafter, until expunged, to the president of
2the board. The Illinois State Police shall charge the school
3district a fee for conducting the check, which fee must not
4exceed the cost of the inquiry and must be deposited into the
5State Police Services Fund. The school district shall further
6perform a check of the Statewide Sex Offender Database, as
7authorized by the Sex Offender Community Notification Law, and
8of the Statewide Murderer and Violent Offender Against Youth
9Database, as authorized by the Murderer and Violent Offender
10Against Youth Registration Act, for each student teacher. The
11board may not knowingly allow a person to student teach for
12whom a criminal history records check, a Statewide Sex
13Offender Database check, and a Statewide Murderer and Violent
14Offender Against Youth Database check have not been completed
15and reviewed by the district.
16    A copy of the record of convictions obtained from the
17Illinois State Police must be provided to the student teacher.
18Any information concerning the record of convictions obtained
19by the president of the board is confidential and may only be
20transmitted to the general superintendent of schools or his or
21her designee, the State Superintendent of Education, the State
22Educator Preparation and Licensure Board, or, for
23clarification purposes, the Illinois State Police or the
24Statewide Sex Offender Database or Statewide Murderer and
25Violent Offender Against Youth Database. Any unauthorized
26release of confidential information may be a violation of

 

 

HB4316- 63 -LRB102 20411 CMG 29271 b

1Section 7 of the Criminal Identification Act.
2    The board may not knowingly allow a person to student
3teach who has been convicted of any offense that would subject
4him or her to license suspension or revocation pursuant to
5subsection (c) of Section 21B-80 of this Code, except as
6provided under subsection (b) of Section 21B-80. Further, the
7board may not allow a person to student teach if he or she has
8been found to be the perpetrator of sexual or physical abuse of
9a minor under 18 years of age pursuant to proceedings under
10Article II of the Juvenile Court Act of 1987. The board must
11consider the status of a person to student teach who has been
12issued an indicated finding of abuse or neglect of a child by
13the Department of Children and Family Services under the
14Abused and Neglected Child Reporting Act or by a child welfare
15agency of another jurisdiction.
16    (h) (Blank).
17(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
18101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
191-1-22; revised 10-18-21.)
 
20    Section 10. The Personnel Record Review Act is amended by
21changing Section 8 as follows:
 
22    (820 ILCS 40/8)  (from Ch. 48, par. 2008)
23    Sec. 8. An employer shall review a personnel record before
24releasing information to a third party and, except when the

 

 

HB4316- 64 -LRB102 20411 CMG 29271 b

1release is ordered to a party in a legal action or arbitration,
2delete disciplinary reports, letters of reprimand, or other
3records of disciplinary action which are more than 4 years
4old. This Section does not apply to a school district or an
5authorized employee or agent of a school district who is
6sharing information related to an incident or an attempted
7incident of sexual abuse, or severe physical abuse, or sexual
8misconduct.
9(Source: P.A. 101-531, eff. 8-23-19.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.