Full Text of HB5188 102nd General Assembly
HB5188eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 1B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as follows:
| 6 | | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| 7 | | Sec. 1B-8. There is created in the State Treasury a
| 8 | | special fund to be known as the School District Emergency
| 9 | | Financial Assistance Fund (the "Fund"). The School District | 10 | | Emergency
Financial Assistance Fund shall consist of | 11 | | appropriations, loan repayments, grants from the
federal | 12 | | government, and donations from any public or private source. | 13 | | Moneys in
the Fund
may be appropriated only to the Illinois | 14 | | Finance Authority and
the State Board for
those purposes | 15 | | authorized under this Article and Articles
1F and 1H of this | 16 | | Code.
The appropriation may be
allocated and expended by the | 17 | | State Board for contractual services to provide technical | 18 | | assistance or consultation to school districts to assess their | 19 | | financial condition and to Financial Oversight Panels that | 20 | | petition for emergency financial assistance grants. The | 21 | | Illinois Finance Authority may provide
loans to school | 22 | | districts which are the subject of an
approved petition for | 23 | | emergency financial assistance under
Section 1B-4 ,
1F-62, or |
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| 1 | | 1H-65 of this Code. Neither the State Board of Education nor | 2 | | the Illinois Finance Authority may collect any fees for | 3 | | providing these services. | 4 | | From the amount allocated to each such school
district | 5 | | under this Article the State Board shall identify a sum | 6 | | sufficient to
cover all approved costs of the Financial | 7 | | Oversight Panel
established for the respective school | 8 | | district. If the State Board and State
Superintendent of | 9 | | Education have not approved emergency financial assistance in
| 10 | | conjunction with the appointment of a Financial Oversight | 11 | | Panel, the Panel's
approved costs shall be paid from | 12 | | deductions from the district's general State
aid or | 13 | | evidence-based funding.
| 14 | | The Financial Oversight Panel may prepare and file
with | 15 | | the State Superintendent a proposal for emergency
financial | 16 | | assistance for the school district and for its
operations | 17 | | budget. No expenditures from the Fund shall be
authorized by | 18 | | the State Superintendent until he or she has approved
the | 19 | | request of the Panel, either as submitted or in such
lesser | 20 | | amount determined by the State Superintendent.
| 21 | | The maximum amount of an emergency financial assistance | 22 | | loan
which may be allocated to any school district under this
| 23 | | Article, including moneys necessary for the operations of
the | 24 | | Panel, shall not exceed $4,000 times the number of pupils
| 25 | | enrolled in the school district during the school year
ending | 26 | | June 30 prior to the date of approval by the State
Board of the |
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| 1 | | petition for emergency financial assistance, as
certified to | 2 | | the local board and the Panel by the State
Superintendent.
An | 3 | | emergency financial assistance grant shall not exceed $1,000 | 4 | | times the
number of such pupils. A district may receive both a | 5 | | loan and a grant.
| 6 | | The payment of an emergency State financial assistance | 7 | | grant or loan
shall be subject to appropriation by the General | 8 | | Assembly. Payment of the emergency State financial assistance | 9 | | loan is subject to the applicable provisions of the Illinois | 10 | | Finance Authority Act.
Emergency State financial assistance | 11 | | allocated and paid to a school
district under this Article may | 12 | | be applied to any fund or funds from which
the local board of | 13 | | education of that district is authorized to make
expenditures | 14 | | by law.
| 15 | | Any emergency financial assistance grant proposed by the
| 16 | | Financial Oversight Panel and approved by the State
| 17 | | Superintendent may be paid in its entirety during the
initial | 18 | | year of the Panel's existence or spread in equal or
declining | 19 | | amounts over a period of years not to exceed the
period of the | 20 | | Panel's existence. An emergency financial assistance loan | 21 | | proposed by the Financial Oversight Panel and approved by the | 22 | | Illinois Finance Authority may be paid in its entirety during | 23 | | the initial year of the Panel's existence or spread in equal or | 24 | | declining amounts over a period of years not to exceed the | 25 | | period of the Panel's existence. All
loans made by the | 26 | | Illinois Finance Authority for a
school district shall be |
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| 1 | | required to be repaid, with simple interest over
the term of | 2 | | the loan at a rate equal to 50% of the one-year Constant | 3 | | Maturity
Treasury (CMT) yield as last published by the Board | 4 | | of Governors of the Federal
Reserve System before the date on | 5 | | which the district's loan is
approved
by the Illinois Finance | 6 | | Authority, not later than the
date the
Financial Oversight | 7 | | Panel ceases to exist. The Panel shall
establish and the | 8 | | Illinois Finance Authority shall
approve the terms and | 9 | | conditions, including the schedule, of
repayments. The | 10 | | schedule shall provide for repayments
commencing July 1 of | 11 | | each year or upon each fiscal year's receipt of moneys from a | 12 | | tax levy for emergency financial assistance. Repayment shall | 13 | | be incorporated into the
annual budget of the school district | 14 | | and may be made from any fund or funds
of the district in which | 15 | | there are moneys available. An emergency financial assistance | 16 | | loan to the Panel or district shall not be considered part of | 17 | | the calculation of a district's debt for purposes of the | 18 | | limitation specified in Section 19-1 of this Code. Default on | 19 | | repayment is subject to the Illinois Grant Funds Recovery Act. | 20 | | When moneys are repaid
as provided herein they shall not be | 21 | | made available to the local board for
further use as emergency | 22 | | financial assistance under this Article at any
time | 23 | | thereafter. All repayments required to be made by a school | 24 | | district
shall be received by the State Board and deposited in | 25 | | the School District
Emergency Financial Assistance Fund.
| 26 | | In establishing the terms and conditions for the
repayment |
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| 1 | | obligation of the school district the Panel shall
annually | 2 | | determine whether a separate local property tax levy is
| 3 | | required. The board of any school district with a tax rate
for | 4 | | educational purposes for the prior year of less than
120% of | 5 | | the maximum rate for educational purposes authorized
by | 6 | | Section 17-2 shall provide for a separate
tax levy for | 7 | | emergency financial assistance repayment
purposes. Such tax | 8 | | levy shall not be subject to referendum approval. The
amount | 9 | | of the levy shall be equal to the
amount necessary to meet the | 10 | | annual repayment obligations of
the district as established by | 11 | | the Panel, or 20% of the
amount levied for educational | 12 | | purposes for the prior year,
whichever is less. However, no | 13 | | district shall be
required to levy the tax if the district's | 14 | | operating tax
rate as determined under Section
18-8, 18-8.05, | 15 | | or 18-8.15 exceeds 200% of the district's tax rate for | 16 | | educational
purposes for the prior year.
| 17 | | (Source: P.A. 100-465, eff. 8-31-17.)
| 18 | | (105 ILCS 5/1F-25)
| 19 | | (This Section scheduled to be repealed in accordance with 105 | 20 | | ILCS 5/1F-165) | 21 | | Sec. 1F-25. General powers. The purposes of the Authority | 22 | | shall be
to exercise financial control over the district and | 23 | | to furnish financial
assistance so that the district can | 24 | | provide public education within the
district's jurisdiction | 25 | | while permitting the district to meet its obligations
to its |
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| 1 | | creditors and the holders of its debt. Except as
expressly | 2 | | limited by this Article, the Authority shall have all powers
| 3 | | granted to a voluntary or involuntary Financial Oversight | 4 | | Panel and to
a Financial Administrator under Article 1B of | 5 | | this Code and all other powers
necessary to meet its | 6 | | responsibilities and to carry out its purposes
and the | 7 | | purposes of this Article, including without limitation all of | 8 | | the
following powers,
provided that the Authority shall have | 9 | | no power
to
terminate any employee without following the | 10 | | statutory procedures for
such terminations set forth in this | 11 | | Code:
| 12 | | (1) To sue and to be sued.
| 13 | | (2) To make, cancel, modify, and execute contracts, | 14 | | leases, subleases, and
all other
instruments or agreements | 15 | | necessary or convenient for the exercise of
the powers and | 16 | | functions granted by this Article, subject to Section | 17 | | 1F-45 of
this Code.
The Authority may at a regular or | 18 | | special meeting find that the district has
insufficient or | 19 | | inadequate funds
with respect to any contract, other than | 20 | | collective bargaining agreements.
| 21 | | (3) To purchase real or personal property necessary or | 22 | | convenient
for its purposes; to execute and deliver deeds | 23 | | for real property held in
its own name; and to sell, lease, | 24 | | or otherwise dispose of such of
its property as, in the | 25 | | judgment of the Authority, is no longer
necessary for its | 26 | | purposes.
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| 1 | | (4) To appoint officers, agents, and employees of the | 2 | | Authority,
including a chief executive officer, a chief | 3 | | fiscal officer, and a chief
educational officer; to define | 4 | | their duties and qualifications; and to
fix their | 5 | | compensation and employee benefits.
| 6 | | (5) To transfer to the district such sums of money
as | 7 | | are not required for other purposes.
| 8 | | (6) To borrow money, including without limitation | 9 | | accepting State loans,
and to
issue obligations pursuant | 10 | | to this
Article; to fund, refund, or advance refund the | 11 | | same; to provide for the
rights of the holders of its | 12 | | obligations; and to repay any advances.
| 13 | | (6.5) To levy all property tax levies that otherwise | 14 | | could be levied by
the district , and to make
levies | 15 | | pursuant to Section 1F-62 of this Code .
This levy or | 16 | | levies shall be exempt from the Truth in Taxation Law
and | 17 | | the Cook County Truth in Taxation Law.
| 18 | | (7) Subject to the provisions of any contract with or | 19 | | for the
benefit of the holders of its obligations, to | 20 | | purchase or redeem its
obligations.
| 21 | | (8) To procure all necessary goods and services for | 22 | | the Authority
in compliance with the purchasing laws and | 23 | | requirements applicable to
the district.
| 24 | | (9) To do any and all things necessary or convenient | 25 | | to carry out
its purposes and exercise the powers given to | 26 | | it by this
Article.
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| 1 | | (10) To recommend annexation,
consolidation, | 2 | | dissolution, or reorganization of the district, in whole | 3 | | or in
part, to the
State Board if in the Authority's | 4 | | judgment the circumstances so
require. No such proposal | 5 | | for annexation, consolidation,
dissolution, or | 6 | | reorganization shall occur unless the Authority and the | 7 | | school
boards of all other
districts directly affected by | 8 | | the
annexation, consolidation, dissolution, or
| 9 | | reorganization
have each approved by majority vote the
| 10 | | annexation, consolidation, dissolution, or
| 11 | | reorganization.
Notwithstanding any other law to the | 12 | | contrary, upon approval of the proposal
by the State | 13 | | Board, the State Board and all other affected entities | 14 | | shall
forthwith implement the proposal.
When a dissolution | 15 | | and annexation becomes
effective for
purposes of | 16 | | administration and attendance,
the positions of
teachers | 17 | | in contractual continued service in the district
being | 18 | | dissolved shall be transferred to the annexing district
or | 19 | | districts, pursuant to the provisions of Section 24-12 of
| 20 | | this Code.
In the event that the territory is added to 2 or
| 21 | | more districts, the decision on which positions shall be
| 22 | | transferred to which annexing districts shall be made by
| 23 | | giving consideration to the proportionate percentage of
| 24 | | pupils transferred and the annexing districts' staffing
| 25 | | needs, and the transfer of teachers in contractual | 26 | | continued service
into
positions shall be based upon the |
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| 1 | | request
of those teachers in contractual continued service
| 2 | | in order of seniority in the dissolving district.
The | 3 | | status of
all teachers in contractual continued service
| 4 | | transferred to an annexing district shall not be
lost, and | 5 | | the board of the annexing district is subject to
this Code | 6 | | with respect to teachers in contractual continued service
| 7 | | who are transferred in the same
manner as if the person | 8 | | were the annexing district's employee
and had been its | 9 | | employee during the time the person was
actually employed | 10 | | by the board of the dissolving district
from which the | 11 | | position was transferred.
| 12 | | (Source: P.A. 92-855, eff. 12-6-02 .)
| 13 | | (105 ILCS 5/1F-90)
| 14 | | (This Section scheduled to be repealed in accordance with 105 | 15 | | ILCS 5/1F-165) | 16 | | Sec. 1F-90. Tax anticipation warrants. An Authority shall | 17 | | have the same power to issue tax anticipation warrants as a
| 18 | | school board under Section 17-16 of this
Code. Tax | 19 | | anticipation
warrants are considered borrowing from sources | 20 | | other than the State
and are
subject to Section 1F-62 of this
| 21 | | Code .
| 22 | | (Source: P.A. 92-855, eff. 12-6-02 .)
| 23 | | (105 ILCS 5/2-3.146)
| 24 | | Sec. 2-3.146. Severely overcrowded schools grant program. |
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| 1 | | There is created a grant program, subject to appropriation, | 2 | | for severely overcrowded schools. The State Board of Education | 3 | | shall administer the program. Grant funds may be used for | 4 | | purposes of relieving overcrowding. In order for a school | 5 | | district to be eligible for a grant under this Section, (i) the | 6 | | main administrative office of the district must be located in | 7 | | a city of 85,000 or more in population, according to the 2000 | 8 | | U.S. Census, and (ii) the school district must have a | 9 | | district-wide percentage of low-income students of 70% or | 10 | | more, as identified by the 2005-2006 School Report Cards | 11 | | published by the State Board of Education , and (iii) the | 12 | | school district must not be eligible for a fast growth grant | 13 | | under Section 18-8.10 of this Code . The State Board of | 14 | | Education shall distribute the funds on a proportional basis | 15 | | with no single district receiving more than 75% of the funds in | 16 | | any given year. The State Board of Education may adopt rules as | 17 | | needed for the implementation and distribution of grants under | 18 | | this Section.
| 19 | | (Source: P.A. 95-707, eff. 1-11-08.)
| 20 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 21 | | Sec. 10-21.9. Criminal history records checks and checks | 22 | | of the Statewide Sex Offender Database and Statewide Murderer | 23 | | and Violent Offender Against Youth Database.
| 24 | | (a) Licensed and nonlicensed applicants for employment | 25 | | with a school
district, except school bus driver applicants, |
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| 1 | | are required as a condition
of employment to authorize a | 2 | | fingerprint-based criminal history records check to determine | 3 | | if such applicants have been convicted of any disqualifying, | 4 | | enumerated criminal or drug offenses in subsection (c) of this | 5 | | Section or
have been convicted, within 7 years of the | 6 | | application for employment with
the
school district, of any | 7 | | other felony under the laws of this State or of any
offense | 8 | | committed or attempted in any other state or against the laws | 9 | | of
the United States that, if committed or attempted in this | 10 | | State, would
have been punishable as a felony under the laws of | 11 | | this State.
Authorization for
the check shall be furnished by | 12 | | the applicant to
the school district, except that if the | 13 | | applicant is a substitute teacher
seeking employment in more | 14 | | than one school district, a teacher seeking
concurrent | 15 | | part-time employment positions with more than one school
| 16 | | district (as a reading specialist, special education teacher | 17 | | or otherwise),
or an educational support personnel employee | 18 | | seeking employment positions
with more than one district, any | 19 | | such district may require the applicant to
furnish | 20 | | authorization for
the check to the regional superintendent
of | 21 | | the educational service region in which are located the school | 22 | | districts
in which the applicant is seeking employment as a | 23 | | substitute or concurrent
part-time teacher or concurrent | 24 | | educational support personnel employee.
Upon receipt of this | 25 | | authorization, the school district or the appropriate
regional | 26 | | superintendent, as the case may be, shall submit the |
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| 1 | | applicant's
name, sex, race, date of birth, social security | 2 | | number, fingerprint images, and other identifiers, as | 3 | | prescribed by the Illinois State Police, to the Illinois State | 4 | | Police. The regional
superintendent submitting the requisite | 5 | | information to the Illinois
State Police shall promptly notify | 6 | | the school districts in which the
applicant is seeking | 7 | | employment as a substitute or concurrent part-time
teacher or | 8 | | concurrent educational support personnel employee that
the
| 9 | | check of the applicant has been requested. The Illinois State | 10 | | Police and the Federal Bureau of Investigation shall furnish, | 11 | | pursuant to a fingerprint-based criminal history records | 12 | | check, records of convictions, forever and hereinafter, until | 13 | | expunged, to the president of the school board for the school | 14 | | district that requested the check, or to the regional | 15 | | superintendent who requested the check.
The Illinois State | 16 | | Police
shall charge
the school district
or the appropriate | 17 | | regional superintendent a fee for
conducting
such check, which | 18 | | fee shall be deposited in the State
Police Services Fund and | 19 | | shall not exceed the cost of
the inquiry; and the
applicant | 20 | | shall not be charged a fee for
such check by the school
| 21 | | district or by the regional superintendent, except that those | 22 | | applicants seeking employment as a substitute teacher with a | 23 | | school district may be charged a fee not to exceed the cost of | 24 | | the inquiry. Subject to appropriations for these purposes, the | 25 | | State Superintendent of Education shall reimburse school | 26 | | districts and regional superintendents for fees paid to obtain |
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| 1 | | criminal history records checks under this Section.
| 2 | | (a-5) The school district or regional superintendent shall | 3 | | further perform a check of the Statewide Sex Offender | 4 | | Database, as authorized by the Sex Offender Community | 5 | | Notification Law, for each applicant. The check of the | 6 | | Statewide Sex Offender Database must be conducted by the | 7 | | school district or regional superintendent once for every 5 | 8 | | years that an applicant remains employed by the school | 9 | | district. | 10 | | (a-6) The school district or regional superintendent shall | 11 | | further perform a check of the Statewide Murderer and Violent | 12 | | Offender Against Youth Database, as authorized by the Murderer | 13 | | and Violent Offender Against Youth Community Notification Law, | 14 | | for each applicant. The check of the Murderer and Violent | 15 | | Offender Against Youth Database must be conducted by the | 16 | | school district or regional superintendent once for every 5 | 17 | | years that an applicant remains employed by the school | 18 | | district. | 19 | | (b)
Any information
concerning the record of convictions | 20 | | obtained by the president of the
school board or the regional | 21 | | superintendent shall be confidential and may
only be | 22 | | transmitted to the superintendent of the school district or | 23 | | his
designee, the appropriate regional superintendent if
the | 24 | | check was
requested by the school district, the presidents of | 25 | | the appropriate school
boards if
the check was requested from | 26 | | the Illinois State
Police by the regional superintendent, the |
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| 1 | | State Board of Education and a school district as authorized | 2 | | under subsection (b-5), the State Superintendent of
Education, | 3 | | the State Educator Preparation and Licensure Board, any other | 4 | | person
necessary to the decision of hiring the applicant for | 5 | | employment, or for clarification purposes the Illinois State | 6 | | Police or Statewide Sex Offender Database, or both. A copy
of | 7 | | the record of convictions obtained from the Illinois State | 8 | | Police
shall be provided to the applicant for employment. Upon | 9 | | the check of the Statewide Sex Offender Database or Statewide | 10 | | Murderer and Violent Offender Against Youth Database, the | 11 | | school district or regional superintendent shall notify an | 12 | | applicant as to whether or not the applicant has been | 13 | | identified in the Database. If a check of
an applicant for | 14 | | employment as a substitute or concurrent part-time teacher
or | 15 | | concurrent educational support personnel employee in more than | 16 | | one
school district was requested by the regional | 17 | | superintendent, and the Illinois
State Police upon a check | 18 | | ascertains that the applicant
has not been convicted of any of | 19 | | the enumerated criminal or drug offenses
in subsection (c) of | 20 | | this Section
or has not been convicted, within 7 years of the
| 21 | | application for
employment with the
school district, of any | 22 | | other felony under the laws of this State or of any
offense | 23 | | committed or attempted in any other state or against the laws | 24 | | of
the United States that, if committed or attempted in this | 25 | | State, would
have been punishable as a felony under the laws of | 26 | | this State
and so notifies the regional
superintendent and if |
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| 1 | | the regional superintendent upon a check ascertains that the | 2 | | applicant has not been identified in the Sex Offender Database | 3 | | or Statewide Murderer and Violent Offender Against Youth | 4 | | Database, then the
regional superintendent shall issue to the | 5 | | applicant a certificate
evidencing that as of the date | 6 | | specified by the Illinois State Police
the applicant has not | 7 | | been convicted of any of the enumerated criminal or
drug | 8 | | offenses in subsection (c) of this Section
or has not been
| 9 | | convicted, within 7 years of the application for employment | 10 | | with the
school district, of any other felony under the laws of | 11 | | this State or of any
offense committed or attempted in any | 12 | | other state or against the laws of
the United States that, if | 13 | | committed or attempted in this State, would
have been | 14 | | punishable as a felony under the laws of this State and | 15 | | evidencing that as of the date that the regional | 16 | | superintendent conducted a check of the Statewide Sex Offender | 17 | | Database or Statewide Murderer and Violent Offender Against | 18 | | Youth Database, the applicant has not been identified in the | 19 | | Database. The school
board of
any
school district
may rely on | 20 | | the
certificate issued by any regional superintendent to that | 21 | | substitute teacher, concurrent part-time teacher, or | 22 | | concurrent educational support personnel employee or may
| 23 | | initiate its own criminal history records check of the | 24 | | applicant through the Illinois
State Police and its own check | 25 | | of the Statewide Sex Offender Database or Statewide Murderer | 26 | | and Violent Offender Against Youth Database as provided in |
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| 1 | | this Section. Any unauthorized release of confidential | 2 | | information may be a violation of Section 7 of the Criminal | 3 | | Identification Act.
| 4 | | (b-5) If a criminal history records check or check of the | 5 | | Statewide Sex Offender Database or Statewide Murderer and | 6 | | Violent Offender Against Youth Database is performed by a | 7 | | regional superintendent for an applicant seeking employment as | 8 | | a substitute teacher with a school district, the regional | 9 | | superintendent may disclose to the State Board of Education | 10 | | whether the applicant has been issued a certificate under | 11 | | subsection (b) based on those checks. If the State Board | 12 | | receives information on an applicant under this subsection, | 13 | | then it must indicate in the Educator Licensure Information | 14 | | System for a 90-day period that the applicant has been issued | 15 | | or has not been issued a certificate. | 16 | | (c) No school board shall knowingly employ a person who | 17 | | has been
convicted of any offense that would subject him or her | 18 | | to license suspension or revocation pursuant to Section 21B-80 | 19 | | of this Code, except as provided under subsection (b) of | 20 | | Section 21B-80.
Further, no school board shall knowingly | 21 | | employ a person who has been found
to be the perpetrator of | 22 | | sexual or physical abuse of any minor under 18 years
of age | 23 | | pursuant to proceedings under Article II of the Juvenile Court | 24 | | Act of
1987. As a condition of employment, each school board | 25 | | must consider the status of a person who has been issued an | 26 | | indicated finding of abuse or neglect of a child by the |
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| 1 | | Department of Children and Family Services under the Abused | 2 | | and Neglected Child Reporting Act or by a child welfare agency | 3 | | of another jurisdiction.
| 4 | | (d) No school board shall knowingly employ a person for | 5 | | whom a criminal
history records check and a Statewide Sex | 6 | | Offender Database check have not been initiated.
| 7 | | (e) Within 10 days after a superintendent, regional office | 8 | | of education, or entity that provides background checks of | 9 | | license holders to public schools receives information of a | 10 | | pending criminal charge against a license holder for an | 11 | | offense set forth in Section 21B-80 of this Code, the | 12 | | superintendent, regional office of education, or entity must | 13 | | notify the State Superintendent of Education of the pending | 14 | | criminal charge. | 15 | | If permissible by federal or State law, no later than 15 | 16 | | business days after receipt of a record of conviction or of | 17 | | checking the Statewide Murderer and Violent Offender Against | 18 | | Youth Database or the Statewide Sex Offender Database and | 19 | | finding a registration, the superintendent of the employing | 20 | | school board or the applicable regional superintendent shall, | 21 | | in writing, notify the State Superintendent of Education of | 22 | | any license holder who has been convicted of a crime set forth | 23 | | in Section 21B-80 of this Code. Upon receipt of the record of a | 24 | | conviction of or a finding of child
abuse by a holder of any | 25 | | license
issued pursuant to Article 21B or Section 34-8.1 or | 26 | | 34-83 of this the
School Code, the
State Superintendent of |
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| 1 | | Education may initiate licensure suspension
and revocation | 2 | | proceedings as authorized by law. If the receipt of the record | 3 | | of conviction or finding of child abuse is received within 6 | 4 | | months after the initial grant of or renewal of a license, the | 5 | | State Superintendent of Education may rescind the license | 6 | | holder's license.
| 7 | | (e-5) The superintendent of the employing school board | 8 | | shall, in writing, notify the State Superintendent of | 9 | | Education and the applicable regional superintendent of | 10 | | schools of any license holder whom he or she has reasonable | 11 | | cause to believe has committed an intentional act of abuse or | 12 | | neglect with the result of making a child an abused child or a | 13 | | neglected child, as defined in Section 3 of the Abused and | 14 | | Neglected Child Reporting Act, and that act resulted in the | 15 | | license holder's dismissal or resignation from the school | 16 | | district. This notification must be submitted within 30 days | 17 | | after the dismissal or resignation and must include the | 18 | | Illinois Educator Identification Number (IEIN) of the license | 19 | | holder and a brief description of the misconduct alleged. The | 20 | | license holder must also be contemporaneously sent a copy of | 21 | | the notice by the superintendent. All correspondence, | 22 | | documentation, and other information so received by the | 23 | | regional superintendent of schools, the State Superintendent | 24 | | of Education, the State Board of Education, or the State | 25 | | Educator Preparation and Licensure Board under this subsection | 26 | | (e-5) is confidential and must not be disclosed to third |
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| 1 | | parties, except (i) as necessary for the State Superintendent | 2 | | of Education or his or her designee to investigate and | 3 | | prosecute pursuant to Article 21B of this Code, (ii) pursuant | 4 | | to a court order, (iii) for disclosure to the license holder or | 5 | | his or her representative, or (iv) as otherwise provided in | 6 | | this Article and provided that any such information admitted | 7 | | into evidence in a hearing is exempt from this confidentiality | 8 | | and non-disclosure requirement. Except for an act of willful | 9 | | or wanton misconduct, any superintendent who provides | 10 | | notification as required in this subsection (e-5) shall have | 11 | | immunity from any liability, whether civil or criminal or that | 12 | | otherwise might result by reason of such action. | 13 | | (f) After January 1, 1990 the provisions of this Section | 14 | | shall apply
to all employees of persons or firms holding | 15 | | contracts with any school
district including, but not limited | 16 | | to, food service workers, school bus
drivers and other | 17 | | transportation employees, who have direct, daily contact
with | 18 | | the pupils of any school in such district. For purposes of | 19 | | criminal
history records checks and checks of the Statewide | 20 | | Sex Offender Database on employees of persons or firms holding
| 21 | | contracts with more than one school district and assigned to | 22 | | more than one
school district, the regional superintendent of | 23 | | the educational service
region in which the contracting school | 24 | | districts are located may, at the
request of any such school | 25 | | district, be responsible for receiving the
authorization for
a | 26 | | criminal history records check prepared by each such employee |
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| 1 | | and
submitting the same to the Illinois State Police and for | 2 | | conducting a check of the Statewide Sex Offender Database for | 3 | | each employee. Any information
concerning the record of | 4 | | conviction and identification as a sex offender of any such | 5 | | employee obtained by the
regional superintendent shall be | 6 | | promptly reported to the president of the
appropriate school | 7 | | board or school boards.
| 8 | | (f-5) Upon request of a school or school district, any | 9 | | information obtained by a school district pursuant to | 10 | | subsection (f) of this Section within the last year must be | 11 | | made available to the requesting school or school district. | 12 | | (g) Prior to the commencement of any student teaching | 13 | | experience or required internship (which is referred to as | 14 | | student teaching in this Section) in the public schools, a | 15 | | student teacher is required to authorize a fingerprint-based | 16 | | criminal history records check. Authorization for and payment | 17 | | of the costs of the check must be furnished by the student | 18 | | teacher to the school district where the student teaching is | 19 | | to be completed. Upon receipt of this authorization and | 20 | | payment, the school district shall submit the student | 21 | | teacher's name, sex, race, date of birth, social security | 22 | | number, fingerprint images, and other identifiers, as | 23 | | prescribed by the Illinois State Police, to the Illinois State | 24 | | Police. The Illinois State Police and the Federal Bureau of | 25 | | Investigation shall furnish, pursuant to a fingerprint-based | 26 | | criminal history records check, records of convictions, |
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| 1 | | forever and hereinafter, until expunged, to the president of | 2 | | the school board for the school district that requested the | 3 | | check. The Illinois State Police shall charge the school | 4 | | district a fee for conducting the check, which fee must not | 5 | | exceed the cost of the inquiry and must be deposited into the | 6 | | State Police Services Fund. The school district shall further | 7 | | perform a check of the Statewide Sex Offender Database, as | 8 | | authorized by the Sex Offender Community Notification Law, and | 9 | | of the Statewide Murderer and Violent Offender Against Youth | 10 | | Database, as authorized by the Murderer and Violent Offender | 11 | | Against Youth Registration Act, for each student teacher. No | 12 | | school board may knowingly allow a person to student teach for | 13 | | whom a criminal history records check, a Statewide Sex | 14 | | Offender Database check, and a Statewide Murderer and Violent | 15 | | Offender Against Youth Database check have not been completed | 16 | | and reviewed by the district. | 17 | | A copy of the record of convictions obtained from the | 18 | | Illinois State Police must be provided to the student teacher. | 19 | | Any information concerning the record of convictions obtained | 20 | | by the president of the school board is confidential and may | 21 | | only be transmitted to the superintendent of the school | 22 | | district or his or her designee, the State Superintendent of | 23 | | Education, the State Educator Preparation and Licensure Board, | 24 | | or, for clarification purposes, the Illinois State Police or | 25 | | the Statewide Sex Offender Database or Statewide Murderer and | 26 | | Violent Offender Against Youth Database. Any unauthorized |
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| 1 | | release of confidential information may be a violation of | 2 | | Section 7 of the Criminal Identification Act. | 3 | | No school board shall knowingly allow a person to student | 4 | | teach who has been convicted of any offense that would subject | 5 | | him or her to license suspension or revocation pursuant to | 6 | | subsection (c) of Section 21B-80 of this Code, except as | 7 | | provided under subsection (b) of Section 21B-80. Further, no | 8 | | school board shall allow a person to student teach if he or she | 9 | | has been found to be the perpetrator of sexual or physical | 10 | | abuse of a minor under 18 years of age pursuant to proceedings | 11 | | under Article II of the Juvenile Court Act of 1987. Each school | 12 | | board must consider the status of a person to student teach who | 13 | | has been issued an indicated finding of abuse or neglect of a | 14 | | child by the Department of Children and Family Services under | 15 | | the Abused and Neglected Child Reporting Act or by a child | 16 | | welfare agency of another jurisdiction. | 17 | | (h) (Blank). | 18 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 19 | | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | 20 | | 1-1-22; revised 10-6-21.)
| 21 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 22 | | Sec. 34-18.5. Criminal history records checks and checks | 23 | | of the Statewide Sex Offender Database and Statewide Murderer | 24 | | and Violent Offender Against Youth Database. | 25 | | (a) Licensed and nonlicensed applicants for
employment |
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| 1 | | with the school district are required as a condition of
| 2 | | employment to authorize a fingerprint-based criminal history | 3 | | records check to determine if such applicants
have been | 4 | | convicted of any disqualifying, enumerated criminal or drug | 5 | | offense in
subsection (c) of this Section or have been
| 6 | | convicted, within 7 years of the application for employment | 7 | | with the
school district, of any other felony under the laws of | 8 | | this State or of any
offense committed or attempted in any | 9 | | other state or against the laws of
the United States that, if | 10 | | committed or attempted in this State, would
have been | 11 | | punishable as a felony under the laws of this State. | 12 | | Authorization
for
the
check shall
be furnished by the | 13 | | applicant to the school district, except that if the
applicant | 14 | | is a substitute teacher seeking employment in more than one
| 15 | | school district, or a teacher seeking concurrent part-time | 16 | | employment
positions with more than one school district (as a | 17 | | reading specialist,
special education teacher or otherwise), | 18 | | or an educational support
personnel employee seeking | 19 | | employment positions with more than one
district, any such | 20 | | district may require the applicant to furnish
authorization | 21 | | for
the check to the regional superintendent of the
| 22 | | educational service region in which are located the school | 23 | | districts in
which the applicant is seeking employment as a | 24 | | substitute or concurrent
part-time teacher or concurrent | 25 | | educational support personnel employee.
Upon receipt of this | 26 | | authorization, the school district or the appropriate
regional |
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| 1 | | superintendent, as the case may be, shall submit the | 2 | | applicant's
name, sex, race, date of birth, social security | 3 | | number, fingerprint images, and other identifiers, as | 4 | | prescribed by the Illinois State Police, to the Illinois State | 5 | | Police. The regional
superintendent submitting the requisite | 6 | | information to the Illinois
State Police shall promptly notify | 7 | | the school districts in which the
applicant is seeking | 8 | | employment as a substitute or concurrent part-time
teacher or | 9 | | concurrent educational support personnel employee that
the
| 10 | | check of the applicant has been requested. The Illinois State
| 11 | | Police and the Federal Bureau of Investigation shall furnish, | 12 | | pursuant to a fingerprint-based criminal history records | 13 | | check, records of convictions, forever and hereinafter, until | 14 | | expunged, to the president of the school board for the school | 15 | | district that requested the check, or to the regional | 16 | | superintendent who requested the check. The Illinois State | 17 | | Police
shall charge
the school district
or the appropriate | 18 | | regional superintendent a fee for
conducting
such check, which | 19 | | fee shall be deposited in the State
Police Services Fund and | 20 | | shall not exceed the cost of the inquiry; and the
applicant | 21 | | shall not be charged a fee for
such check by the school
| 22 | | district or by the regional superintendent. Subject to | 23 | | appropriations for these purposes, the State Superintendent of | 24 | | Education shall reimburse the school district and regional | 25 | | superintendent for fees paid to obtain criminal history | 26 | | records checks under this Section. |
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| 1 | | (a-5) The school district or regional superintendent shall | 2 | | further perform a check of the Statewide Sex Offender | 3 | | Database, as authorized by the Sex Offender Community | 4 | | Notification Law, for each applicant. The check of the | 5 | | Statewide Sex Offender Database must be conducted by the | 6 | | school district or regional superintendent once for every 5 | 7 | | years that an applicant remains employed by the school | 8 | | district. | 9 | | (a-6) The school district or regional superintendent shall | 10 | | further perform a check of the Statewide Murderer and Violent | 11 | | Offender Against Youth Database, as authorized by the Murderer | 12 | | and Violent Offender Against Youth Community Notification Law, | 13 | | for each applicant. The check of the Murderer and Violent | 14 | | Offender Against Youth Database must be conducted by the | 15 | | school district or regional superintendent once for every 5 | 16 | | years that an applicant remains employed by the school | 17 | | district. | 18 | | (b) Any
information concerning the record of convictions | 19 | | obtained by the president
of the board of education or the | 20 | | regional superintendent shall be
confidential and may only be | 21 | | transmitted to the general superintendent of
the school | 22 | | district or his designee, the appropriate regional
| 23 | | superintendent if
the check was requested by the board of | 24 | | education
for the school district, the presidents of the | 25 | | appropriate board of
education or school boards if
the check | 26 | | was requested from the Illinois
State Police by the regional |
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| 1 | | superintendent, the State Board of Education and the school | 2 | | district as authorized under subsection (b-5), the State
| 3 | | Superintendent of Education, the State Educator Preparation | 4 | | and Licensure Board or any
other person necessary to the | 5 | | decision of hiring the applicant for
employment. A copy of the | 6 | | record of convictions obtained from the Illinois
State Police | 7 | | shall be provided to the applicant for
employment. Upon the | 8 | | check of the Statewide Sex Offender Database or Statewide | 9 | | Murderer and Violent Offender Against Youth Database, the | 10 | | school district or regional superintendent shall notify an | 11 | | applicant as to whether or not the applicant has been | 12 | | identified in the Database. If a check of an applicant for | 13 | | employment as a
substitute or concurrent part-time teacher or | 14 | | concurrent educational
support personnel employee in more than | 15 | | one school district was requested
by the regional | 16 | | superintendent, and the Illinois State Police upon
a check | 17 | | ascertains that the applicant has not been convicted of any
of | 18 | | the enumerated criminal or drug offenses in subsection (c) of | 19 | | this Section
or has not been
convicted,
within 7 years of the | 20 | | application for employment with the
school district, of any | 21 | | other felony under the laws of this State or of any
offense | 22 | | committed or attempted in any other state or against the laws | 23 | | of
the United States that, if committed or attempted in this | 24 | | State, would
have been punishable as a felony under the laws of | 25 | | this State and so
notifies the regional superintendent and if | 26 | | the regional superintendent upon a check ascertains that the |
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| 1 | | applicant has not been identified in the Sex Offender Database | 2 | | or Statewide Murderer and Violent Offender Against Youth | 3 | | Database, then the regional superintendent
shall issue to the | 4 | | applicant a certificate evidencing that as of the date
| 5 | | specified by the Illinois State Police the applicant has not | 6 | | been
convicted of any of the enumerated criminal or drug | 7 | | offenses in subsection
(c) of this Section
or has not been
| 8 | | convicted, within 7 years of the application for employment | 9 | | with the
school district, of any other felony under the laws of | 10 | | this State or of any
offense committed or attempted in any | 11 | | other state or against the laws of
the United States that, if | 12 | | committed or attempted in this State, would
have been | 13 | | punishable as a felony under the laws of this State and | 14 | | evidencing that as of the date that the regional | 15 | | superintendent conducted a check of the Statewide Sex Offender | 16 | | Database or Statewide Murderer and Violent Offender Against | 17 | | Youth Database, the applicant has not been identified in the | 18 | | Database. The school
board of any school district may rely on | 19 | | the certificate issued by any regional
superintendent to that | 20 | | substitute teacher, concurrent part-time teacher, or | 21 | | concurrent educational support personnel employee
or may | 22 | | initiate its own criminal history records check of
the | 23 | | applicant through the Illinois State Police and its own check | 24 | | of the Statewide Sex Offender Database or Statewide Murderer | 25 | | and Violent Offender Against Youth Database as provided in
| 26 | | this Section. Any unauthorized release of confidential |
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| 1 | | information may be a violation of Section 7 of the Criminal | 2 | | Identification Act. | 3 | | (b-5) If a criminal history records check or check of the | 4 | | Statewide Sex Offender Database or Statewide Murderer and | 5 | | Violent Offender Against Youth Database is performed by a | 6 | | regional superintendent for an applicant seeking employment as | 7 | | a substitute teacher with the school district, the regional | 8 | | superintendent may disclose to the State Board of Education | 9 | | whether the applicant has been issued a certificate under | 10 | | subsection (b) based on those checks. If the State Board | 11 | | receives information on an applicant under this subsection, | 12 | | then it must indicate in the Educator Licensure Information | 13 | | System for a 90-day period that the applicant has been issued | 14 | | or has not been issued a certificate. | 15 | | (c) The board of education shall not knowingly employ a | 16 | | person who has
been convicted of any offense that would | 17 | | subject him or her to license suspension or revocation | 18 | | pursuant to Section 21B-80 of this Code, except as provided | 19 | | under subsection (b) of 21B-80.
Further, the board of | 20 | | education shall not knowingly employ a person who has
been | 21 | | found to be the perpetrator of sexual or physical abuse of any | 22 | | minor under
18 years of age pursuant to proceedings under | 23 | | Article II of the Juvenile Court
Act of 1987. As a condition of | 24 | | employment, the board of education must consider the status of | 25 | | a person who has been issued an indicated finding of abuse or | 26 | | neglect of a child by the Department of Children and Family |
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| 1 | | Services under the Abused and Neglected Child Reporting Act or | 2 | | by a child welfare agency of another jurisdiction. | 3 | | (d) The board of education shall not knowingly employ a | 4 | | person for whom
a criminal history records check and a | 5 | | Statewide Sex Offender Database check have not been initiated. | 6 | | (e) Within 10 days after the general superintendent of | 7 | | schools, a regional office of education, or an entity that | 8 | | provides background checks of license holders to public | 9 | | schools receives information of a pending criminal charge | 10 | | against a license holder for an offense set forth in Section | 11 | | 21B-80 of this Code, the superintendent, regional office of | 12 | | education, or entity must notify the State Superintendent of | 13 | | Education of the pending criminal charge. | 14 | | No later than 15 business days after receipt of a record of | 15 | | conviction or of checking the Statewide Murderer and Violent | 16 | | Offender Against Youth Database or the Statewide Sex Offender | 17 | | Database and finding a registration, the general | 18 | | superintendent of schools or the applicable regional | 19 | | superintendent shall, in writing, notify the State | 20 | | Superintendent of Education of any license holder who has been | 21 | | convicted of a crime set forth in Section 21B-80 of this Code. | 22 | | Upon receipt of the record of a conviction of or a finding of | 23 | | child
abuse by a holder of any license
issued pursuant to | 24 | | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | 25 | | Superintendent of
Education may initiate licensure suspension | 26 | | and revocation
proceedings as authorized by law. If the |
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| 1 | | receipt of the record of conviction or finding of child abuse | 2 | | is received within 6 months after the initial grant of or | 3 | | renewal of a license, the State Superintendent of Education | 4 | | may rescind the license holder's license. | 5 | | (e-5) The general superintendent of schools shall, in | 6 | | writing, notify the State Superintendent of Education of any | 7 | | license holder whom he or she has reasonable cause to believe | 8 | | has committed an intentional act of abuse or neglect with the | 9 | | result of making a child an abused child or a neglected child, | 10 | | as defined in Section 3 of the Abused and Neglected Child | 11 | | Reporting Act, and that act resulted in the license holder's | 12 | | dismissal or resignation from the school district and must | 13 | | include the Illinois Educator Identification Number (IEIN) of | 14 | | the license holder and a brief description of the misconduct | 15 | | alleged. This notification must be submitted within 30 days | 16 | | after the dismissal or resignation. The license holder must | 17 | | also be contemporaneously sent a copy of the notice by the | 18 | | superintendent. All correspondence, documentation, and other | 19 | | information so received by the State Superintendent of | 20 | | Education, the State Board of Education, or the State Educator | 21 | | Preparation and Licensure Board under this subsection (e-5) is | 22 | | confidential and must not be disclosed to third parties, | 23 | | except (i) as necessary for the State Superintendent of | 24 | | Education or his or her designee to investigate and prosecute | 25 | | pursuant to Article 21B of this Code, (ii) pursuant to a court | 26 | | order, (iii) for disclosure to the license holder or his or her |
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| 1 | | representative, or (iv) as otherwise provided in this Article | 2 | | and provided that any such information admitted into evidence | 3 | | in a hearing is exempt from this confidentiality and | 4 | | non-disclosure requirement. Except for an act of willful or | 5 | | wanton misconduct, any superintendent who provides | 6 | | notification as required in this subsection (e-5) shall have | 7 | | immunity from any liability, whether civil or criminal or that | 8 | | otherwise might result by reason of such action. | 9 | | (f) After March 19, 1990, the provisions of this Section | 10 | | shall apply to
all employees of persons or firms holding | 11 | | contracts with any school district
including, but not limited | 12 | | to, food service workers, school bus drivers and
other | 13 | | transportation employees, who have direct, daily contact with | 14 | | the
pupils of any school in such district. For purposes of | 15 | | criminal history records checks and checks of the Statewide | 16 | | Sex Offender Database on employees of persons or firms holding | 17 | | contracts with more
than one school district and assigned to | 18 | | more than one school district, the
regional superintendent of | 19 | | the educational service region in which the
contracting school | 20 | | districts are located may, at the request of any such
school | 21 | | district, be responsible for receiving the authorization for
a | 22 | | criminal history records check prepared by each such employee | 23 | | and submitting the same to the Illinois
State Police and for | 24 | | conducting a check of the Statewide Sex Offender Database for | 25 | | each employee. Any information concerning the record of
| 26 | | conviction and identification as a sex offender of any such |
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| 1 | | employee obtained by the regional superintendent
shall be | 2 | | promptly reported to the president of the appropriate school | 3 | | board
or school boards. | 4 | | (f-5) Upon request of a school or school district, any | 5 | | information obtained by the school district pursuant to | 6 | | subsection (f) of this Section within the last year must be | 7 | | made available to the requesting school or school district. | 8 | | (g) Prior to the commencement of any student teaching | 9 | | experience or required internship (which is referred to as | 10 | | student teaching in this Section) in the public schools, a | 11 | | student teacher is required to authorize a fingerprint-based | 12 | | criminal history records check. Authorization for and payment | 13 | | of the costs of the check must be furnished by the student | 14 | | teacher to the school district. Upon receipt of this | 15 | | authorization and payment, the school district shall submit | 16 | | the student teacher's name, sex, race, date of birth, social | 17 | | security number, fingerprint images, and other identifiers, as | 18 | | prescribed by the Illinois State Police, to the Illinois State | 19 | | Police. The Illinois State Police and the Federal Bureau of | 20 | | Investigation shall furnish, pursuant to a fingerprint-based | 21 | | criminal history records check, records of convictions, | 22 | | forever and hereinafter, until expunged, to the president of | 23 | | the board. The Illinois State Police shall charge the school | 24 | | district a fee for conducting the check, which fee must not | 25 | | exceed the cost of the inquiry and must be deposited into the | 26 | | State Police Services Fund. The school district shall further |
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| 1 | | perform a check of the Statewide Sex Offender Database, as | 2 | | authorized by the Sex Offender Community Notification Law, and | 3 | | of the Statewide Murderer and Violent Offender Against Youth | 4 | | Database, as authorized by the Murderer and Violent Offender | 5 | | Against Youth Registration Act, for each student teacher. The | 6 | | board may not knowingly allow a person to student teach for | 7 | | whom a criminal history records check, a Statewide Sex | 8 | | Offender Database check, and a Statewide Murderer and Violent | 9 | | Offender Against Youth Database check have not been completed | 10 | | and reviewed by the district. | 11 | | A copy of the record of convictions obtained from the | 12 | | Illinois State Police must be provided to the student teacher. | 13 | | Any information concerning the record of convictions obtained | 14 | | by the president of the board is confidential and may only be | 15 | | transmitted to the general superintendent of schools or his or | 16 | | her designee, the State Superintendent of Education, the State | 17 | | Educator Preparation and Licensure Board, or, for | 18 | | clarification purposes, the Illinois State Police or the | 19 | | Statewide Sex Offender Database or Statewide Murderer and | 20 | | Violent Offender Against Youth Database. Any unauthorized | 21 | | release of confidential information may be a violation of | 22 | | Section 7 of the Criminal Identification Act. | 23 | | The board may not knowingly allow a person to student | 24 | | teach who has been convicted of any offense that would subject | 25 | | him or her to license suspension or revocation pursuant to | 26 | | subsection (c) of Section 21B-80 of this Code, except as |
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| 1 | | provided under subsection (b) of Section 21B-80. Further, the | 2 | | board may not allow a person to student teach if he or she has | 3 | | been found to be the perpetrator of sexual or physical abuse of | 4 | | a minor under 18 years of age pursuant to proceedings under | 5 | | Article II of the Juvenile Court Act of 1987. The board must | 6 | | consider the status of a person to student teach who has been | 7 | | issued an indicated finding of abuse or neglect of a child by | 8 | | the Department of Children and Family Services under the | 9 | | Abused and Neglected Child Reporting Act or by a child welfare | 10 | | agency of another jurisdiction. | 11 | | (h) (Blank). | 12 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 13 | | 101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. | 14 | | 1-1-22; revised 10-18-21.) | 15 | | (105 ILCS 5/1F-62 rep.) | 16 | | (105 ILCS 5/2-3.33a rep.) | 17 | | (105 ILCS 5/2-3.123 rep.) | 18 | | (105 ILCS 5/2-3.128 rep.) | 19 | | (105 ILCS 5/2-3.171 rep.) | 20 | | (105 ILCS 5/2-3.172 rep.) | 21 | | (105 ILCS 5/18-8.10 rep.) | 22 | | (105 ILCS 5/21-5e rep.) | 23 | | (105 ILCS 5/34-83 rep.) | 24 | | Section 10. The School Code is amended by repealing | 25 | | Sections 1F-62, 2-3.33a, 2-3.123, 2-3.128, 2-3.171, 2-3.172, |
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| 1 | | 18-8.10, 21-5e, and 34-83. | 2 | | Section 15. The Illinois Educational Labor Relations Act | 3 | | is amended by changing Section 2 as follows:
| 4 | | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| 5 | | Sec. 2. Definitions. As used in this Act:
| 6 | | (a) "Educational employer"
or "employer" means the | 7 | | governing body of a public school district, including the | 8 | | governing body of a charter school established under Article | 9 | | 27A of the School Code or of a contract school or contract | 10 | | turnaround school established under paragraph 30 of Section | 11 | | 34-18 of the School Code, combination
of public school | 12 | | districts, including the governing body of joint agreements
of | 13 | | any type formed by 2 or more school districts, public | 14 | | community college
district or State college or university, a | 15 | | subcontractor of instructional services of a school district | 16 | | (other than a school district organized under Article 34 of | 17 | | the School Code), combination of school districts, charter | 18 | | school established under Article 27A of the School Code, or | 19 | | contract school or contract turnaround school established | 20 | | under paragraph 30 of Section 34-18 of the School Code, an | 21 | | Independent Authority created under Section 2-3.25f-5 of the | 22 | | School Code, and any State agency whose major
function is | 23 | | providing educational services.
"Educational employer" or | 24 | | "employer" does not include (1) a Financial Oversight
Panel |
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| 1 | | created pursuant to Section 1A-8 of the School Code due to a
| 2 | | district
violating a financial plan or (2) an approved | 3 | | nonpublic special education facility that contracts with a | 4 | | school district or combination of school districts to provide | 5 | | special education services pursuant to Section 14-7.02 of the | 6 | | School Code, but does include a School Finance Authority
| 7 | | created
under Article 1E or 1F of the School Code and a | 8 | | Financial Oversight Panel created under Article 1B or 1H of | 9 | | the School Code. The change made by this amendatory Act of the | 10 | | 96th General Assembly to this paragraph (a) to make clear that | 11 | | the governing body of a charter school is an "educational | 12 | | employer" is declaratory of existing law.
| 13 | | (b) "Educational employee" or "employee" means any | 14 | | individual, excluding
supervisors, managerial, confidential, | 15 | | short term employees, student, and
part-time academic | 16 | | employees of community colleges employed full or part
time by | 17 | | an educational employer, but shall not include elected | 18 | | officials
and appointees of the Governor with the advice and | 19 | | consent of the Senate,
firefighters as defined by subsection | 20 | | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | 21 | | and peace officers employed by a State
university. For the | 22 | | purposes of this Act, part-time
academic employees of | 23 | | community colleges shall be defined as those
employees who | 24 | | provide less than 3 credit hours of instruction per
academic
| 25 | | semester. In this subsection (b), the term "student" does not | 26 | | include
graduate students who are research assistants |
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| 1 | | primarily
performing duties that involve research, graduate | 2 | | assistants primarily
performing duties that are | 3 | | pre-professional, graduate
students who are teaching | 4 | | assistants primarily performing duties that
involve the | 5 | | delivery and support of instruction, or any other graduate
| 6 | | assistants.
| 7 | | (c) "Employee organization" or "labor organization" means | 8 | | an organization
of any kind in which membership includes | 9 | | educational employees, and which
exists for the purpose, in | 10 | | whole or in part, of dealing with employers
concerning | 11 | | grievances, employee-employer disputes, wages, rates of pay,
| 12 | | hours of employment, or conditions of work, but shall not | 13 | | include any
organization which practices discrimination in | 14 | | membership because of race,
color, creed, age, gender, | 15 | | national origin or political affiliation.
| 16 | | (d) "Exclusive representative" means the labor | 17 | | organization which has
been designated by the Illinois | 18 | | Educational Labor Relations Board as the
representative of the | 19 | | majority of educational employees in an appropriate
unit, or | 20 | | recognized by an educational employer prior to January 1, 1984 | 21 | | as
the exclusive representative of the employees in an | 22 | | appropriate unit or,
after January 1, 1984, recognized by an | 23 | | employer upon evidence that the
employee organization has been | 24 | | designated as the exclusive representative
by a majority of | 25 | | the employees in an appropriate unit.
| 26 | | (e) "Board" means the Illinois Educational Labor Relations |
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| 1 | | Board.
| 2 | | (f) "Regional Superintendent" means the regional | 3 | | superintendent of
schools provided for in Articles 3 and 3A of | 4 | | The School Code.
| 5 | | (g) "Supervisor" means any individual having authority in | 6 | | the interests
of the employer to hire, transfer, suspend, lay | 7 | | off, recall, promote,
discharge, reward or discipline other | 8 | | employees within the appropriate
bargaining unit and adjust | 9 | | their grievances, or to effectively recommend
such action if | 10 | | the exercise of such authority is not of a merely routine or
| 11 | | clerical nature but requires the use of independent judgment. | 12 | | The term
"supervisor" includes only those individuals who | 13 | | devote a preponderance of
their employment time to such | 14 | | exercising authority.
| 15 | | (h) "Unfair labor practice" or "unfair practice" means any | 16 | | practice
prohibited by Section 14 of this Act.
| 17 | | (i) "Person" includes an individual, educational employee, | 18 | | educational
employer, legal representative, or employee | 19 | | organization.
| 20 | | (j) "Wages" means salaries or other forms of compensation | 21 | | for services
rendered.
| 22 | | (k) "Professional employee" means, in the case of a public | 23 | | community
college, State college or university, State agency | 24 | | whose major function is
providing educational services, the | 25 | | Illinois School for the Deaf, and the
Illinois School for the | 26 | | Visually Impaired, (1) any employee engaged in work
(i) |
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| 1 | | predominantly intellectual and varied in character as opposed | 2 | | to
routine mental, manual, mechanical, or physical work; (ii) | 3 | | involving the
consistent exercise of discretion and judgment | 4 | | in its performance; (iii) of
such character that the output | 5 | | produced or the result accomplished cannot
be standardized in | 6 | | relation to a given period of time; and (iv) requiring
| 7 | | knowledge of an advanced type in a field of science or learning | 8 | | customarily
acquired by a prolonged course of specialized | 9 | | intellectual instruction and
study in an institution of higher | 10 | | learning or a hospital, as distinguished
from a general | 11 | | academic education or from an apprenticeship or from training
| 12 | | in the performance of routine mental, manual, or physical | 13 | | processes; or
(2) any employee, who (i) has completed the | 14 | | courses of specialized
intellectual instruction and study | 15 | | described in clause (iv) of paragraph
(1) of this subsection, | 16 | | and (ii) is performing related work under the
supervision of a | 17 | | professional person to qualify himself or herself to
become a | 18 | | professional as defined in paragraph (l).
| 19 | | (l) "Professional employee" means, in the case of any | 20 | | public school
district, or combination of school districts | 21 | | pursuant to joint agreement,
any employee who has a | 22 | | certificate issued under Article 21 or Section 34-83
of the | 23 | | School Code , as now or hereafter amended .
| 24 | | (m) "Unit" or "bargaining unit" means any group of | 25 | | employees for which
an exclusive representative is selected.
| 26 | | (n) "Confidential employee" means an employee, who (i) in |
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| 1 | | the regular
course of his or her duties, assists and acts in a | 2 | | confidential capacity to
persons who formulate, determine and | 3 | | effectuate management policies with
regard to labor relations | 4 | | or who (ii) in the regular course of his or her
duties has | 5 | | access to information relating to the effectuation or review | 6 | | of
the employer's collective bargaining policies.
| 7 | | (o) "Managerial employee" means an individual who is | 8 | | engaged
predominantly in executive and management functions | 9 | | and is charged with the
responsibility of directing the | 10 | | effectuation of such management policies and
practices.
| 11 | | (p) "Craft employee" means a skilled journeyman, craft | 12 | | person, and his
or her apprentice or helper.
| 13 | | (q) "Short-term employee" is an employee who is employed | 14 | | for less than
2 consecutive calendar quarters during a | 15 | | calendar year and who does not
have a reasonable expectation | 16 | | that he or she will be rehired by the same
employer for the | 17 | | same service in a subsequent calendar year. Nothing in
this | 18 | | subsection shall affect the employee status of individuals who | 19 | | were
covered by a collective bargaining agreement on the | 20 | | effective date of this
amendatory Act of 1991.
| 21 | | (Source: P.A. 101-380, eff. 1-1-20 .)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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