Full Text of HB2002 094th General Assembly
HB2002eng 94TH GENERAL ASSEMBLY
|
|
|
HB2002 Engrossed |
|
LRB094 02827 NHT 32828 b |
|
| 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 Section | 5 |
| 21-23 as follows:
| 6 |
| (105 ILCS 5/21-23) (from Ch. 122, par. 21-23)
| 7 |
| Sec. 21-23. Suspension or revocation of certificate.
| 8 |
| (a) Any certificate issued pursuant to this Article, | 9 |
| including but not
limited to any administrative certificate or | 10 |
| endorsement,
may be suspended
for a
period not to exceed one | 11 |
| calendar year by the regional
superintendent or for a period | 12 |
| not to exceed 5 calendar years by the
State Superintendent of | 13 |
| Education upon evidence of immorality, a condition
of health | 14 |
| detrimental to the welfare of pupils, incompetency,
| 15 |
| unprofessional conduct (which shall include the failure to | 16 |
| disclose relevant information on an employment application or | 17 |
| during the hiring process, including without limitation any | 18 |
| previous arrest or conviction for a sex offense, as defined in | 19 |
| Section 21-23a of this Code, or any other criminal offense | 20 |
| involving an element that is sexual in nature and how that | 21 |
| matter was resolved) , the neglect of any professional duty, | 22 |
| willful
failure to report an instance of suspected child abuse | 23 |
| or neglect as
required by the Abused and Neglected Child | 24 |
| Reporting Act, failure to
establish satisfactory repayment on | 25 |
| an educational loan guaranteed by the
Illinois Student | 26 |
| Assistance Commission,
or other just cause. Unprofessional | 27 |
| conduct shall
include refusal to attend or participate in, | 28 |
| institutes, teachers' meetings,
professional readings, or to | 29 |
| meet other reasonable requirements of the
regional | 30 |
| superintendent or State Superintendent of Education. | 31 |
| Unprofessional
conduct also includes conduct that violates the | 32 |
| standards,
ethics, or rules
applicable to the security, |
|
|
|
HB2002 Engrossed |
- 2 - |
LRB094 02827 NHT 32828 b |
|
| 1 |
| administration, monitoring, or scoring of, or the
reporting of | 2 |
| scores from, any assessment test or the Prairie State | 3 |
| Achievement
Examination administered
under Section 2-3.64 or | 4 |
| that is known or intended to produce or report
manipulated or | 5 |
| artificial, rather than actual, assessment or achievement
| 6 |
| results
or gains from the administration of those tests or | 7 |
| examinations. It shall
also include neglect or unnecessary | 8 |
| delay in making of statistical and
other reports required by | 9 |
| school officers. The regional superintendent
or State | 10 |
| Superintendent of Education shall upon receipt of evidence of
| 11 |
| immorality, a condition of health detrimental to the welfare of | 12 |
| pupils,
incompetency, unprofessional conduct, the neglect of | 13 |
| any professional
duty or other just cause serve written notice | 14 |
| to the individual and
afford the individual opportunity for a | 15 |
| hearing prior to suspension. Prior to the hearing, however, the | 16 |
| individual may be suspended from his or her duties if it is | 17 |
| deemed necessary for the safety of students. If
a hearing is | 18 |
| requested within 10 days of notice of opportunity for
hearing | 19 |
| it shall act as a stay of proceedings not to exceed 30 days, | 20 |
| unless the individual requests a delay. In such an instance, | 21 |
| the stay of proceedings must be continued for another 30 days. | 22 |
| No
certificate shall be suspended until the teacher has an | 23 |
| opportunity for
a hearing at the educational service region. | 24 |
| When a certificate is
suspended, the right of appeal shall lie | 25 |
| to the State Teacher
Certification Board. When an appeal is | 26 |
| taken within 10 days after
notice of suspension it shall act as | 27 |
| a stay of proceedings not to exceed
120 days. If a certificate | 28 |
| is suspended for a period greater than one
year, the State | 29 |
| Superintendent of Education shall review the suspension
prior | 30 |
| to the expiration of that period to determine whether the cause | 31 |
| for
the suspension has been remedied or continues to exist. | 32 |
| Upon determining
that the cause for suspension has not abated, | 33 |
| the State Superintendent of
Education may order that the | 34 |
| suspension be continued for an appropriate
period. Nothing in | 35 |
| this Section prohibits the continuance of such a
suspension for | 36 |
| an indefinite period if the State Superintendent determines
|
|
|
|
HB2002 Engrossed |
- 3 - |
LRB094 02827 NHT 32828 b |
|
| 1 |
| that the cause for the suspension remains unabated. Any | 2 |
| certificate may be
revoked for the same reasons as for | 3 |
| suspension by the State Superintendent
of Education. No | 4 |
| certificate shall be revoked until the teacher has an
| 5 |
| opportunity for a hearing before the State Teacher | 6 |
| Certification Board,
which hearing must be held within 120
days | 7 |
| from the date the appeal is taken, unless the State Teacher | 8 |
| Certification Board requests a delay. In such an instance, the | 9 |
| stay of the revocation proceedings must be continued until the | 10 |
| completion of the proceedings.
| 11 |
| The State Board may refuse to issue or may suspend the
| 12 |
| certificate of any person who fails to file a return, or to pay | 13 |
| the tax,
penalty or interest shown in a filed return, or to pay | 14 |
| any final assessment
of tax, penalty or interest, as required | 15 |
| by any tax Act administered by the
Illinois Department of | 16 |
| Revenue, until such time as the requirements of any
such tax | 17 |
| Act are satisfied.
| 18 |
| (b) Any certificate issued pursuant to this Article may be | 19 |
| suspended
for an appropriate length of time as determined by | 20 |
| either the regional
superintendent or State Superintendent of | 21 |
| Education upon evidence that the
holder of the certificate has | 22 |
| been named as a perpetrator in an indicated
report filed | 23 |
| pursuant to the Abused and Neglected Child Reporting Act,
| 24 |
| approved June 26, 1975, as amended, and upon proof by clear and | 25 |
| convincing
evidence that the licensee has caused a child to be | 26 |
| an abused child or
neglected child as defined in the Abused and | 27 |
| Neglected Child Reporting Act.
| 28 |
| The regional superintendent or State Superintendent of | 29 |
| Education shall,
upon receipt of evidence that the certificate | 30 |
| holder has been named a
perpetrator in any indicated report, | 31 |
| serve written notice to the individual
and afford the | 32 |
| individual opportunity for a hearing prior to suspension.
If a | 33 |
| hearing is requested within 10 days of notice of opportunity | 34 |
| for
hearing, it shall act as a stay of proceedings not to | 35 |
| exceed 30 days, unless the individual requests a delay. In such | 36 |
| an instance, the stay of proceedings must be continued for |
|
|
|
HB2002 Engrossed |
- 4 - |
LRB094 02827 NHT 32828 b |
|
| 1 |
| another 30 days. No
certificate shall be suspended until the | 2 |
| teacher has an opportunity for
a hearing at the educational | 3 |
| service region. When a certificate is
suspended, the right of | 4 |
| appeal shall lie to the State Teacher
Certification Board. When | 5 |
| an appeal is taken within 10 days after
notice of suspension it | 6 |
| shall act as a stay of proceedings not to exceed 120
days. The | 7 |
| State Superintendent may revoke any certificate upon proof at
| 8 |
| hearing by clear and convincing evidence that the certificate | 9 |
| holder has
caused a child to be an abused child or neglected | 10 |
| child as defined in the
Abused and Neglected Child Reporting | 11 |
| Act. No certificate shall be revoked
until the teacher has an | 12 |
| opportunity for a hearing before the State Teacher
| 13 |
| Certification Board, which hearing must be held within 120 days | 14 |
| from the
date the appeal is taken, unless the teacher or the | 15 |
| hearing officer appointed by the State Teacher Certification | 16 |
| Board requests a delay. In such an instance, the stay of the | 17 |
| revocation proceedings must be continued until the completion | 18 |
| of the proceedings.
| 19 |
| (c) The State Superintendent of Education or a person | 20 |
| designated by him
shall have the power to administer oaths to | 21 |
| witnesses at any hearing
conducted before the State Teacher | 22 |
| Certification Board pursuant to this
Section. The State | 23 |
| Superintendent of Education or a person designated by
him is | 24 |
| authorized to subpoena and bring before the State Teacher
| 25 |
| Certification Board any person in this State and to take | 26 |
| testimony either
orally or by deposition or by exhibit, with | 27 |
| the same fees and mileage and
in the same manner as prescribed | 28 |
| by law in judicial proceedings in the
civil cases in circuit | 29 |
| courts of this State.
| 30 |
| Any circuit court, upon the application of the State | 31 |
| Superintendent of
Education, may, by order duly entered, | 32 |
| require the attendance of witnesses
and the production of | 33 |
| relevant books and papers at any hearing the State
| 34 |
| Superintendent of Education is authorized to conduct pursuant | 35 |
| to this Section,
and the court may compel obedience to its | 36 |
| orders by proceedings for contempt.
|
|
|
|
HB2002 Engrossed |
- 5 - |
LRB094 02827 NHT 32828 b |
|
| 1 |
| (d) As used in this Section, "teacher" means any school | 2 |
| district employee
regularly required to be certified, as | 3 |
| provided in this Article, in order to
teach or supervise in the | 4 |
| public schools.
| 5 |
| (Source: P.A. 93-679, eff. 6-30-04.)
|
|