Full Text of SB2071 96th General Assembly
SB2071enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing Section | 5 |
| 3-9005 as follows:
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| (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)
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| Sec. 3-9005. Powers and duties of State's attorney.
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| (a) The duty of each State's attorney shall be:
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| (1) To commence and prosecute all actions, suits, | 10 |
| indictments and
prosecutions, civil and criminal, in the | 11 |
| circuit court for his county,
in which the people of the | 12 |
| State or county may be concerned.
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| (2) To prosecute all forfeited bonds and | 14 |
| recognizances, and all
actions and proceedings for the | 15 |
| recovery of debts, revenues, moneys,
fines, penalties and | 16 |
| forfeitures accruing to the State or his county, or
to any | 17 |
| school district or road district in his county; also, to
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| prosecute all suits in his county against railroad or | 19 |
| transportation
companies, which may be prosecuted in the | 20 |
| name of the People of the
State of Illinois.
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| (3) To commence and prosecute all actions and | 22 |
| proceedings brought by
any county officer in his official | 23 |
| capacity.
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| (4) To defend all actions and proceedings brought | 2 |
| against his
county, or against any county or State officer, | 3 |
| in his official
capacity, within his county.
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| (5) To attend the examination of all persons brought | 5 |
| before any judge
on habeas corpus, when the prosecution is | 6 |
| in his county.
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| (6) To attend before judges and prosecute charges of | 8 |
| felony or
misdemeanor, for which the offender is required | 9 |
| to be recognized to appear
before the circuit court, when | 10 |
| in his power so to do.
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| (7) To give his opinion, without fee or reward, to any | 12 |
| county officer
in his county, upon any question or law | 13 |
| relating to any criminal or other
matter, in which the | 14 |
| people or the county may be concerned.
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| (8) To assist the attorney general whenever it may be | 16 |
| necessary, and in
cases of appeal from his county to the | 17 |
| Supreme Court, to which it is the
duty of the attorney | 18 |
| general to attend, he shall furnish the attorney general
at | 19 |
| least 10 days before such is due to be filed, a manuscript | 20 |
| of a proposed
statement, brief and argument to be printed | 21 |
| and filed on behalf of the people,
prepared in accordance | 22 |
| with the rules of the Supreme Court. However, if
such | 23 |
| brief, argument or other document is due to be filed by law | 24 |
| or order
of court within this 10 day period, then the | 25 |
| State's attorney shall furnish
such as soon as may be | 26 |
| reasonable.
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| (9) To pay all moneys received by him in trust, without | 2 |
| delay, to the
officer who by law is entitled to the custody | 3 |
| thereof.
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| (10) To notify, by first class mail, complaining | 5 |
| witnesses of the ultimate
disposition of the cases arising | 6 |
| from an indictment or an information.
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| (11) To perform such other and further duties as may, | 8 |
| from time to time,
be enjoined on him by law.
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| (12) To appear in all proceedings by collectors of | 10 |
| taxes against
delinquent taxpayers for judgments to sell | 11 |
| real estate, and see that all the
necessary preliminary | 12 |
| steps have been legally taken to make the judgment legal
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| and binding.
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| (13) To notify, by first-class mail, the State | 15 |
| Superintendent of Education, the applicable regional | 16 |
| superintendent of schools, and the superintendent of the | 17 |
| employing school district or the chief school | 18 |
| administrator of the employing nonpublic school, if any, | 19 |
| upon the conviction of any individual known to possess a | 20 |
| certificate issued pursuant to Article 21 of the School | 21 |
| Code of any offense set forth in Section 21-23a of the | 22 |
| School Code or any other felony conviction, providing the | 23 |
| name of the certificate holder, the fact of the conviction, | 24 |
| and the name and location of the court where the conviction | 25 |
| occurred. The certificate holder must also be | 26 |
| contemporaneously sent a copy of the notice. |
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| (b) The State's Attorney of each county shall have | 2 |
| authority to
appoint one or more special investigators to serve | 3 |
| subpoenas, make return
of process and conduct investigations | 4 |
| which assist the State's Attorney in
the performance of his | 5 |
| duties. A special investigator shall not carry
firearms except | 6 |
| with permission of the State's Attorney and only while
carrying | 7 |
| appropriate identification indicating his employment and in | 8 |
| the
performance of his assigned duties.
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| Subject to the qualifications set forth in this subsection, | 10 |
| special
investigators shall be peace officers and shall have | 11 |
| all the powers possessed
by investigators under the State's | 12 |
| Attorneys Appellate Prosecutor's Act.
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| No special investigator employed by the State's Attorney | 14 |
| shall have peace
officer status or exercise police powers | 15 |
| unless he or she successfully
completes the basic police | 16 |
| training course mandated and approved by the
Illinois Law | 17 |
| Enforcement Training Standards Board or such
board waives the | 18 |
| training requirement by reason of the special
investigator's | 19 |
| prior law enforcement experience or training or both. Any
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| State's Attorney appointing a special investigator shall | 21 |
| consult with all
affected local police agencies, to the extent | 22 |
| consistent with the public
interest, if the special | 23 |
| investigator is assigned to areas within that
agency's | 24 |
| jurisdiction.
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| Before a person is appointed as a special investigator, his
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| fingerprints shall be taken and transmitted to the Department |
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| of State
Police. The Department shall examine its records and | 2 |
| submit to the State's
Attorney of the county in which the | 3 |
| investigator seeks appointment any
conviction information | 4 |
| concerning the person on file with the Department.
No person | 5 |
| shall be appointed as a special investigator if he has been
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| convicted of a felony or other offense involving moral | 7 |
| turpitude. A
special investigator shall be paid a salary and be | 8 |
| reimbursed for actual
expenses incurred in performing his | 9 |
| assigned duties. The county board
shall approve the salary and | 10 |
| actual expenses and appropriate the salary
and expenses in the | 11 |
| manner prescribed by law or ordinance.
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| (c) The State's
Attorney may request and receive from | 13 |
| employers, labor unions, telephone
companies, and utility | 14 |
| companies
location information concerning putative fathers and | 15 |
| noncustodial parents for
the purpose of establishing a child's | 16 |
| paternity or establishing, enforcing, or
modifying a child | 17 |
| support obligation. In this subsection, "location
information"
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| means information about (i) the physical whereabouts of a | 19 |
| putative father or
noncustodial parent, (ii) the putative | 20 |
| father or noncustodial parent's
employer, or
(iii) the salary, | 21 |
| wages, and other
compensation paid and the health insurance | 22 |
| coverage provided to the putative
father or noncustodial parent | 23 |
| by the employer of the putative father or
noncustodial parent
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| or by a labor union of which the putative father or | 25 |
| noncustodial parent is a
member.
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| (d) For each State fiscal year, the
State's Attorney of |
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| Cook County shall appear before the General Assembly and
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| request appropriations to be made from the Capital Litigation | 3 |
| Trust Fund to the
State Treasurer for the purpose of providing | 4 |
| assistance in the prosecution of
capital cases in Cook County | 5 |
| and for the purpose of providing assistance to the State in | 6 |
| post-conviction proceedings in capital cases under Article 122 | 7 |
| of the Code of Criminal Procedure of 1963 and in relation to | 8 |
| petitions filed under Section 2-1401 of the Code of Civil | 9 |
| Procedure in relation to capital cases. The State's Attorney | 10 |
| may appear before the
General Assembly at other times during | 11 |
| the State's fiscal year to request
supplemental appropriations | 12 |
| from the Trust Fund to the State Treasurer.
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| (e) The State's Attorney shall have the authority to enter | 14 |
| into a written
agreement with the Department of Revenue for | 15 |
| pursuit of civil
liability under Section 17-1a of the Criminal | 16 |
| Code of 1961 against persons who
have issued to the Department | 17 |
| checks or other orders in violation of the
provisions of | 18 |
| paragraph (d) of subsection (B) of Section 17-1 of the Criminal
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| Code of 1961, with the Department to retain the amount owing | 20 |
| upon the
dishonored check or order along with the dishonored | 21 |
| check fee imposed under the
Uniform Penalty and Interest Act, | 22 |
| with the balance of damages, fees, and costs
collected under | 23 |
| Section 17-1a of the Criminal Code of 1961 to be retained by
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| the State's Attorney. The agreement shall not affect the | 25 |
| allocation of fines
and costs imposed in any criminal | 26 |
| prosecution.
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| (Source: P.A. 92-492, eff. 1-1-02; 93-972, eff. 8-20-04.)
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| Section 10. The School Code is amended by changing Sections | 3 |
| 2-3.25o, 3-11, 10-21.9, 10-22.39, 21-1, 21-23, 21-23a, and | 4 |
| 34-18.5 as follows: | 5 |
| (105 ILCS 5/2-3.25o)
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| Sec. 2-3.25o. Registration and recognition of non-public | 7 |
| elementary and
secondary schools.
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| (a) Findings. The General Assembly finds and declares (i) | 9 |
| that the
Constitution
of the State of Illinois provides that a | 10 |
| "fundamental goal of the People of the
State is the
educational | 11 |
| development of all persons to the limits of their capacities" | 12 |
| and
(ii) that the
educational development of every school | 13 |
| student serves the public purposes of
the State.
In order to | 14 |
| ensure that all Illinois students and teachers have the | 15 |
| opportunity
to enroll and
work in State-approved educational | 16 |
| institutions and programs, the State Board
of
Education shall | 17 |
| provide for the voluntary registration and recognition of
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| non-public
elementary and secondary schools.
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| (b) Registration. All non-public elementary and secondary | 20 |
| schools in the
State
of
Illinois may voluntarily register with | 21 |
| the State Board of Education on an
annual basis. Registration | 22 |
| shall
be completed
in conformance with procedures prescribed by | 23 |
| the State Board of Education.
Information
required for | 24 |
| registration shall include assurances of compliance (i) with
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| federal
and State
laws regarding health examination and | 2 |
| immunization, attendance, length of term,
and
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| nondiscrimination and (ii) with applicable fire and health | 4 |
| safety requirements.
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| (c) Recognition. All non-public elementary and secondary | 6 |
| schools in the
State of
Illinois may voluntarily seek the | 7 |
| status of "Non-public School Recognition"
from
the State
Board | 8 |
| of Education. This status may be obtained by compliance with
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| administrative
guidelines and review procedures as prescribed | 10 |
| by the State Board of Education.
The
guidelines and procedures | 11 |
| must recognize that some of the aims and the
financial bases of
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| non-public schools are different from public schools and will | 13 |
| not be identical
to those for
public schools, nor will they be | 14 |
| more burdensome. The guidelines and procedures
must
also | 15 |
| recognize the diversity of non-public schools and shall not | 16 |
| impinge upon
the
noneducational relationships between those | 17 |
| schools and their clientele.
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| (c-5) Prohibition against recognition. A non-public | 19 |
| elementary or secondary school may not obtain "Non-public | 20 |
| School Recognition" status unless the school requires all | 21 |
| certified and non-certified applicants for employment with the | 22 |
| school, after July 1, 2007, to authorize a fingerprint-based | 23 |
| criminal history records check as a condition of employment to | 24 |
| determine if such applicants have been convicted of any of the | 25 |
| enumerated criminal or drug offenses set forth in Section | 26 |
| 21-23a of this Code this subsection (c-5) or have been |
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| convicted, within 7 years of the application for employment, of | 2 |
| any other felony under the laws of this State or of any offense | 3 |
| committed or attempted in any other state or against the laws | 4 |
| of the United States that, if committed or attempted in this | 5 |
| State, would have been punishable as a felony under the laws of | 6 |
| this State. | 7 |
| Authorization for the check shall be furnished by the | 8 |
| applicant to the school, except that if the applicant is a | 9 |
| substitute teacher seeking employment in more than one | 10 |
| non-public school, a teacher seeking concurrent part-time | 11 |
| employment positions with more than one non-public school (as a | 12 |
| reading specialist, special education teacher, or otherwise), | 13 |
| or an educational support personnel employee seeking | 14 |
| employment positions with more than one non-public school, then | 15 |
| only one of the non-public schools employing the individual | 16 |
| shall request the authorization. Upon receipt of this | 17 |
| authorization, the non-public school shall submit the | 18 |
| applicant's name, sex, race, date of birth, social security | 19 |
| number, fingerprint images, and other identifiers, as | 20 |
| prescribed by the Department of State Police, to the Department | 21 |
| of State Police. | 22 |
| The Department of State Police and Federal Bureau of | 23 |
| Investigation shall furnish, pursuant to a fingerprint-based | 24 |
| criminal history records check, records of convictions, | 25 |
| forever and hereafter, until expunged, to the president or | 26 |
| principal of the non-public school that requested the check. |
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| The Department of State Police shall charge that school a fee | 2 |
| for conducting such check, which fee must be deposited into the | 3 |
| State Police Services Fund and must not exceed the cost of the | 4 |
| inquiry. Subject to appropriations for these purposes, the | 5 |
| State Superintendent of Education shall reimburse non-public | 6 |
| schools for fees paid to obtain criminal history records checks | 7 |
| under this Section. | 8 |
| A non-public school may not obtain recognition status | 9 |
| unless the school also performs a check of the Statewide Sex | 10 |
| Offender Database, as authorized by the Sex Offender Community | 11 |
| Notification Law, for each applicant for employment, after July | 12 |
| 1, 2007, to determine whether the applicant has been | 13 |
| adjudicated a sex offender. | 14 |
| Any information concerning the record of convictions | 15 |
| obtained by a non-public school's president or principal under | 16 |
| this Section is confidential and may be disseminated only to | 17 |
| the governing body of the non-public school or any other person | 18 |
| necessary to the decision of hiring the applicant for | 19 |
| employment. A copy of the record of convictions obtained from | 20 |
| the Department of State Police shall be provided to the | 21 |
| applicant for employment. Upon a check of the Statewide Sex | 22 |
| Offender Database, the non-public school shall notify the | 23 |
| applicant as to whether or not the applicant has been | 24 |
| identified in the Sex Offender Database as a sex offender. Any | 25 |
| information concerning the records of conviction obtained by | 26 |
| the non-public school's president or principal under this |
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| Section for a substitute teacher seeking employment in more | 2 |
| than one non-public school, a teacher seeking concurrent | 3 |
| part-time employment positions with more than one non-public | 4 |
| school (as a reading specialist, special education teacher, or | 5 |
| otherwise), or an educational support personnel employee | 6 |
| seeking employment positions with more than one non-public | 7 |
| school may be shared with another non-public school's principal | 8 |
| or president to which the applicant seeks employment. Any | 9 |
| person who releases any criminal history record information | 10 |
| concerning an applicant for employment is guilty of a Class A | 11 |
| misdemeanor and may be subject to prosecution under federal | 12 |
| law, unless the release of such information is authorized by | 13 |
| this Section. | 14 |
| No non-public school may obtain recognition status that | 15 |
| knowingly employs a person, hired after July 1, 2007, for whom | 16 |
| a Department of State Police and Federal Bureau of | 17 |
| Investigation fingerprint-based criminal history records check | 18 |
| and a Statewide Sex Offender Database check has not been | 19 |
| initiated or who has been convicted of any offense enumerated | 20 |
| in Section 21-23a of this Code or for committing attempted | 21 |
| first degree murder or for committing or attempting to commit | 22 |
| first degree murder or a Class X felony or any one or more of | 23 |
| the following offenses: (i) those defined in Sections 11-6, | 24 |
| 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, | 25 |
| 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, | 26 |
| 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii) |
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| those defined in the Cannabis Control Act, except those defined | 2 |
| in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those | 3 |
| defined in the Illinois Controlled Substances Act; and (iv) any | 4 |
| offense committed or attempted in any other state or against | 5 |
| the laws of the United States that, if committed or attempted | 6 |
| in this State, would have been punishable as one or more of | 7 |
| those the foregoing offenses. No non-public school may obtain | 8 |
| recognition status under this Section that knowingly employs a | 9 |
| person who has been found to be the perpetrator of sexual or | 10 |
| physical abuse of a minor under 18 years of age pursuant to | 11 |
| proceedings under Article II of the Juvenile Court Act of 1987. | 12 |
| In order to obtain recognition status under this Section, a | 13 |
| non-public school must require compliance with the provisions | 14 |
| of this subsection (c-5) from all employees of persons or firms | 15 |
| holding contracts with the school, including, but not limited | 16 |
| to, food service workers, school bus drivers, and other | 17 |
| transportation employees, who have direct, daily contact with | 18 |
| pupils. Any information concerning the records of conviction or | 19 |
| identification as a sex offender of any such employee obtained | 20 |
| by the non-public school principal or president must be | 21 |
| promptly reported to the school's governing body.
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| (d) Public purposes. The provisions of this Section are in | 23 |
| the public
interest, for
the public benefit, and serve secular | 24 |
| public purposes.
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| (e) Definition. For purposes of this Section, a non-public | 26 |
| school means any
non-profit, non-home-based, and non-public |
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| elementary or secondary school that
is
in
compliance with Title | 2 |
| VI of the Civil Rights Act of 1964 and attendance at
which
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| satisfies the requirements of Section 26-1 of this Code.
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| (Source: P.A. 95-351, eff. 8-23-07.)
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| (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
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| Sec. 3-11. Institutes or inservice training workshops. In | 7 |
| counties
of less than 2,000,000 inhabitants, the regional | 8 |
| superintendent may
arrange for or conduct district, regional, | 9 |
| or county institutes, or
equivalent professional educational | 10 |
| experiences, not more than 4 days
annually. Of those 4 days, 2 | 11 |
| days may be used as a teacher's workshop,
when approved by the | 12 |
| regional superintendent, up to 2 days may be used
for | 13 |
| conducting parent-teacher conferences or up to 2 days may be | 14 |
| utilized
as parental institute days as provided in Section | 15 |
| 10-22.18d. A school
district may use one of its 4 institute | 16 |
| days on the last day of the school
term. "Institute" or | 17 |
| "Professional educational experiences" means any
educational | 18 |
| gathering, demonstration of methods of instruction,
visitation | 19 |
| of schools or other institutions or facilities, sexual
abuse | 20 |
| and sexual assault awareness seminar, or training in First Aid | 21 |
| (which may include cardiopulmonary resuscitation or | 22 |
| defibrillator training) held or approved
by the regional | 23 |
| superintendent and declared by him to be an institute day,
or | 24 |
| parent-teacher conferences. With the concurrence of the State
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| Superintendent of Education, he or she may employ such |
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| assistance as is
necessary
to conduct the institute. Two or | 2 |
| more adjoining counties may jointly hold
an institute. | 3 |
| Institute instruction shall be free to holders of
certificates | 4 |
| good in the county or counties holding the institute, and to
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| those who have paid an examination fee and failed to receive a | 6 |
| certificate.
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| In counties of 2,000,000 or more inhabitants, the regional
| 8 |
| superintendent may arrange for or conduct district, regional, | 9 |
| or county
inservice training workshops, or equivalent | 10 |
| professional educational
experiences, not more than 4 days | 11 |
| annually. Of those 4 days, 2 days may
be used for conducting | 12 |
| parent-teacher conferences and up to 2 days may be
utilized as | 13 |
| parental institute days as provided in Section 10-22.18d. A
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| school district may use one of those 4 days on the last day of | 15 |
| the school
term. "Inservice Training Workshops" or | 16 |
| "Professional educational
experiences" means any educational | 17 |
| gathering, demonstration of methods of
instruction, visitation | 18 |
| of schools or other institutions or
facilities, sexual abuse | 19 |
| and sexual assault awareness seminar, or training in First Aid | 20 |
| (which may include cardiopulmonary resuscitation or | 21 |
| defibrillator training) held
or approved by the regional | 22 |
| superintendent and declared by him to be
an inservice training | 23 |
| workshop, or parent-teacher conferences. With the
concurrence | 24 |
| of the State Superintendent of Education, he may employ such
| 25 |
| assistance as is necessary to conduct the inservice training | 26 |
| workshop.
With the approval of the regional superintendent, 2 |
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| or more adjoining
districts may jointly hold an inservice | 2 |
| training workshop. In addition,
with the approval of the | 3 |
| regional superintendent, one district may conduct
its own | 4 |
| inservice training workshop with subject matter consultants
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| requested from the county, State or any State institution of | 6 |
| higher learning.
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| Such teachers institutes as referred to in this Section may | 8 |
| be held
on consecutive or separate days at the option of the | 9 |
| regional
superintendent having jurisdiction thereof.
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| Whenever reference is made in this Act to "teachers | 11 |
| institute", it
shall be construed to include the inservice | 12 |
| training workshops or
equivalent professional educational | 13 |
| experiences provided for in this Section.
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| Any institute advisory committee existing on April 1, 1995, | 15 |
| is dissolved
and the duties and responsibilities of the | 16 |
| institute advisory committee are
assumed by the regional office | 17 |
| of education advisory board.
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| Districts providing inservice training programs shall | 19 |
| constitute inservice
committees, 1/2 of which shall be | 20 |
| teachers, 1/4 school service personnel
and 1/4 administrators | 21 |
| to establish program content and schedules.
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| The teachers institutes shall include teacher training | 23 |
| committed to (i)
peer counseling programs and other | 24 |
| anti-violence and conflict
resolution programs, including | 25 |
| without limitation programs for preventing at
risk students | 26 |
| from committing violent acts , and (ii) educator ethics and |
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| teacher-student conduct . Beginning with the 2009-2010 school | 2 |
| year, the teachers institutes shall include instruction on | 3 |
| prevalent student chronic health conditions.
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| (Source: P.A. 94-197, eff. 7-12-05; 95-969, eff. 1-1-09.)
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| (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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| Sec. 10-21.9. Criminal history records checks and checks of | 7 |
| the Statewide Sex Offender Database and Statewide Child | 8 |
| Murderer and Violent Offender Against Youth Database.
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| (a) Certified and noncertified applicants for employment | 10 |
| with a school
district, except school bus driver applicants, | 11 |
| are required as a condition
of employment to authorize a | 12 |
| fingerprint-based criminal history records check to determine | 13 |
| if such applicants have been convicted of any of
the enumerated | 14 |
| criminal or drug offenses in subsection (c) of this Section or
| 15 |
| have been convicted, within 7 years of the application for | 16 |
| employment with
the
school district, of any other felony under | 17 |
| the laws of this State or of any
offense committed or attempted | 18 |
| in any other state or against the laws of
the United States | 19 |
| that, if committed or attempted in this State, would
have been | 20 |
| punishable as a felony under the laws of this State.
| 21 |
| Authorization for
the check shall be furnished by the applicant | 22 |
| to
the school district, except that if the applicant is a | 23 |
| substitute teacher
seeking employment in more than one school | 24 |
| district, a teacher seeking
concurrent part-time employment | 25 |
| positions with more than one school
district (as a reading |
|
|
|
SB2071 Enrolled |
- 17 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| specialist, special education teacher or otherwise),
or an | 2 |
| educational support personnel employee seeking employment | 3 |
| positions
with more than one district, any such district may | 4 |
| require the applicant to
furnish authorization for
the check to | 5 |
| the regional superintendent
of the educational service region | 6 |
| in which are located the school districts
in which the | 7 |
| applicant is seeking employment as a substitute or concurrent
| 8 |
| part-time teacher or concurrent educational support personnel | 9 |
| employee.
Upon receipt of this authorization, the school | 10 |
| district or the appropriate
regional superintendent, as the | 11 |
| case may be, shall submit the applicant's
name, sex, race, date | 12 |
| of birth, social security number, fingerprint images, and other | 13 |
| identifiers, as prescribed by the Department
of State Police, | 14 |
| to the Department. The regional
superintendent submitting the | 15 |
| requisite information to the Department of
State Police shall | 16 |
| promptly notify the school districts in which the
applicant is | 17 |
| seeking employment as a substitute or concurrent part-time
| 18 |
| teacher or concurrent educational support personnel employee | 19 |
| that
the
check of the applicant has been requested. The | 20 |
| Department of State Police and the Federal Bureau of | 21 |
| Investigation shall furnish, pursuant to a fingerprint-based | 22 |
| criminal history records check, records of convictions, until | 23 |
| expunged, to the president of the school board for the school | 24 |
| district that requested the check, or to the regional | 25 |
| superintendent who requested the check.
The
Department shall | 26 |
| charge
the school district
or the appropriate regional |
|
|
|
SB2071 Enrolled |
- 18 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| superintendent a fee for
conducting
such check, which fee shall | 2 |
| be deposited in the State
Police Services Fund and shall not | 3 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 4 |
| charged a fee for
such check by the school
district or by the | 5 |
| regional superintendent. Subject to appropriations for these | 6 |
| purposes, the State Superintendent of Education shall | 7 |
| reimburse school districts and regional superintendents for | 8 |
| fees paid to obtain criminal history records checks under this | 9 |
| Section.
| 10 |
| (a-5) The school district or regional superintendent shall | 11 |
| further perform a check of the Statewide Sex Offender Database, | 12 |
| as authorized by the Sex Offender Community Notification Law, | 13 |
| for each applicant.
| 14 |
| (a-6) The school district or regional superintendent shall | 15 |
| further perform a check of the Statewide Child Murderer and | 16 |
| Violent Offender Against Youth Database, as authorized by the | 17 |
| Child Murderer and Violent Offender Against Youth Community | 18 |
| Notification Law, for each applicant.
| 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 his
| 23 |
| designee, the appropriate regional superintendent if
the check | 24 |
| was
requested by the school district, the presidents of the | 25 |
| appropriate school
boards if
the check was requested from the | 26 |
| Department of State
Police by the regional superintendent, the |
|
|
|
SB2071 Enrolled |
- 19 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| State Superintendent of
Education, the State Teacher | 2 |
| Certification Board or any other person
necessary to the | 3 |
| decision of hiring the applicant for employment. A copy
of the | 4 |
| record of convictions obtained from the Department of State | 5 |
| Police
shall be provided to the applicant for employment. Upon | 6 |
| the check of the Statewide Sex Offender Database, the school | 7 |
| district or regional superintendent shall notify an applicant | 8 |
| as to whether or not the applicant has been identified in the | 9 |
| Database as a sex offender. If a check of
an applicant for | 10 |
| employment as a substitute or concurrent part-time teacher
or | 11 |
| concurrent educational support personnel employee in more than | 12 |
| one
school district was requested by the regional | 13 |
| superintendent, and the
Department of State Police upon a check | 14 |
| ascertains that the applicant
has not been convicted of any of | 15 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 16 |
| has not been convicted, within 7 years of the
application for
| 17 |
| employment with the
school district, of any other felony under | 18 |
| the laws of this State or of any
offense committed or attempted | 19 |
| in any other state or against the laws of
the United States | 20 |
| that, if committed or attempted in this State, would
have been | 21 |
| punishable as a felony under the laws of this State
and so | 22 |
| notifies the regional
superintendent and if the regional | 23 |
| superintendent upon a check ascertains that the applicant has | 24 |
| not been identified in the Sex Offender Database as a sex | 25 |
| offender, then the
regional superintendent shall issue to the | 26 |
| applicant a certificate
evidencing that as of the date |
|
|
|
SB2071 Enrolled |
- 20 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| specified by the Department of State Police
the applicant has | 2 |
| not been convicted of any of the enumerated criminal or
drug | 3 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 4 |
| years of the application for employment with the
school | 5 |
| district, of any other felony under the laws of this State or | 6 |
| of any
offense committed or attempted in any other state or | 7 |
| against the laws of
the United States that, if committed or | 8 |
| attempted in this State, would
have been punishable as a felony | 9 |
| under the laws of this State and evidencing that as of the date | 10 |
| that the regional superintendent conducted a check of the | 11 |
| Statewide Sex Offender Database, the applicant has not been | 12 |
| identified in the Database as a sex offender. The school
board | 13 |
| of
any
school district
may rely on the
certificate issued by | 14 |
| any regional superintendent to that substitute teacher, | 15 |
| concurrent part-time teacher, or concurrent educational | 16 |
| support personnel employee or may
initiate its own criminal | 17 |
| history records check of the applicant through the Department | 18 |
| of
State Police and its own check of the Statewide Sex Offender | 19 |
| Database as provided in subsection (a). Any person who releases | 20 |
| any
confidential information concerning any criminal | 21 |
| convictions of an
applicant for employment shall be guilty of a | 22 |
| Class A misdemeanor, unless
the release of such information is | 23 |
| authorized by this Section.
| 24 |
| (c) No school board shall knowingly employ a person who has | 25 |
| been
convicted of any offense that would subject him or her to | 26 |
| certification suspension or revocation pursuant to Section |
|
|
|
SB2071 Enrolled |
- 21 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| 21-23a of this Code. for committing attempted first degree | 2 |
| murder or for committing or
attempting to commit first degree | 3 |
| murder or a Class X felony or any one or
more of the
following | 4 |
| offenses: (i) those defined in Sections 11-6, 11-9, 11-14, | 5 |
| 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, | 6 |
| 11-20, 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 | 7 |
| of the Criminal Code of 1961; (ii)
those defined in the | 8 |
| Cannabis Control Act except those defined in Sections
4(a), | 9 |
| 4(b) and 5(a) of that Act; (iii) those defined in the Illinois
| 10 |
| Controlled Substances Act; (iv) those defined in the | 11 |
| Methamphetamine Control and Community Protection Act; and (v) | 12 |
| any
offense committed or attempted in
any other state or | 13 |
| against the laws of the United States, which if
committed or | 14 |
| attempted in this State, would have been punishable as one or
| 15 |
| more of the foregoing offenses.
Further, no school board shall | 16 |
| knowingly employ a person who has been found
to be the | 17 |
| perpetrator of sexual or physical abuse of any minor under 18 | 18 |
| years
of age pursuant to proceedings under Article II of the | 19 |
| Juvenile Court Act of
1987.
| 20 |
| (d) No school board shall knowingly employ a person for | 21 |
| whom a criminal
history records check and a Statewide Sex | 22 |
| Offender Database check has not been initiated.
| 23 |
| (e) Upon receipt of the record of a conviction of or a | 24 |
| finding of child
abuse by a holder of any
certificate issued | 25 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 26 |
| Code, the appropriate regional superintendent of schools or the
|
|
|
|
SB2071 Enrolled |
- 22 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| State Superintendent of Education may shall initiate the | 2 |
| certificate suspension
and revocation proceedings as | 3 |
| authorized by law.
| 4 |
| (e-5) The superintendent of the employing school board | 5 |
| shall, in writing, notify the State Superintendent of Education | 6 |
| and the applicable regional superintendent of schools of any | 7 |
| certificate holder whom he or she has reasonable cause to | 8 |
| believe has committed an intentional act of abuse or neglect | 9 |
| with the result of making a child an abused child or a | 10 |
| neglected child, as defined in Section 3 of the Abused and | 11 |
| Neglected Child Reporting Act, and that act resulted in the | 12 |
| certificate holder's dismissal or resignation from the school | 13 |
| district. This notification must be submitted within 30 days | 14 |
| after the dismissal or resignation. The certificate holder must | 15 |
| also be contemporaneously sent a copy of the notice by the | 16 |
| superintendent. All correspondence, documentation, and other | 17 |
| information so received by the regional superintendent of | 18 |
| schools, the State Superintendent of Education, the State Board | 19 |
| of Education, or the State Teacher Certification Board under | 20 |
| this subsection (e-5) is confidential and must not be disclosed | 21 |
| to third parties, except (i) as necessary for the State | 22 |
| Superintendent of Education or his or her designee to | 23 |
| investigate and prosecute pursuant to Article 21 of this Code, | 24 |
| (ii) pursuant to a court order, (iii) for disclosure to the | 25 |
| certificate holder or his or her representative, or (iv) as | 26 |
| otherwise provided in this Article and provided that any such |
|
|
|
SB2071 Enrolled |
- 23 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| information admitted into evidence in a hearing is exempt from | 2 |
| this confidentiality and non-disclosure requirement. Except | 3 |
| for an act of willful or wanton misconduct, any superintendent | 4 |
| who provides notification as required in this subsection (e-5) | 5 |
| shall have immunity from any liability, whether civil or | 6 |
| criminal or that otherwise might result by reason of such | 7 |
| action. | 8 |
| (f) After January 1, 1990 the provisions of this Section | 9 |
| shall apply
to all employees of persons or firms holding | 10 |
| contracts with any school
district including, but not limited | 11 |
| to, food service workers, school bus
drivers and other | 12 |
| transportation employees, who have direct, daily contact
with | 13 |
| the pupils of any school in such district. For purposes of | 14 |
| criminal
history records checks and checks of the Statewide Sex | 15 |
| Offender Database on employees of persons or firms holding
| 16 |
| contracts with more than one school district and assigned to | 17 |
| more than one
school district, the regional superintendent of | 18 |
| the educational service
region in which the contracting school | 19 |
| districts are located may, at the
request of any such school | 20 |
| district, be responsible for receiving the
authorization for
a | 21 |
| criminal history records check prepared by each such employee | 22 |
| and
submitting the same to the Department of State Police and | 23 |
| for conducting a check of the Statewide Sex Offender Database | 24 |
| for each employee. Any information
concerning the record of | 25 |
| conviction and identification as a sex offender of any such | 26 |
| employee obtained by the
regional superintendent shall be |
|
|
|
SB2071 Enrolled |
- 24 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| promptly reported to the president of the
appropriate school | 2 |
| board or school boards.
| 3 |
| (Source: P.A. 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; | 4 |
| 94-875, eff. 7-1-06; 94-945, eff. 6-27-06; 95-331, eff. | 5 |
| 8-21-07.)
| 6 |
| (105 ILCS 5/10-22.39) (from Ch. 122, par. 10-22.39)
| 7 |
| Sec. 10-22.39. In-service training programs. | 8 |
| (a) To conduct in-service training programs for teachers. | 9 |
| (b) In addition to
other topics at in-service training
| 10 |
| programs, school guidance counselors, teachers and
other | 11 |
| school personnel who work with pupils in grades 7 through 12 | 12 |
| shall be
trained to identify the warning signs of suicidal | 13 |
| behavior in adolescents
and teens and shall be taught | 14 |
| appropriate intervention and referral techniques.
| 15 |
| (c) School guidance counselors, nurses, teachers and other | 16 |
| school personnel
who work with pupils may be trained to have a | 17 |
| basic knowledge of matters
relating to acquired | 18 |
| immunodeficiency syndrome (AIDS), including the nature
of the | 19 |
| disease, its causes and effects, the means of detecting it and
| 20 |
| preventing its transmission, and the availability of | 21 |
| appropriate sources of
counseling and referral, and any other | 22 |
| information that may be appropriate
considering the age and | 23 |
| grade level of such pupils. The School Board shall
supervise | 24 |
| such training. The State Board of Education and the Department
| 25 |
| of Public Health shall jointly develop standards for such |
|
|
|
SB2071 Enrolled |
- 25 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| training.
| 2 |
| (d) In this subsection (d): | 3 |
| "Domestic violence" means abuse by a family or household | 4 |
| member, as "abuse" and "family or household members" are | 5 |
| defined in Section 103 of the Illinois Domestic Violence Act of | 6 |
| 1986. | 7 |
| "Sexual violence" means sexual assault, abuse, or stalking | 8 |
| of an adult or minor child proscribed in the Criminal Code of | 9 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 10 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 11 |
| by perpetrators who are strangers to the victim and sexual | 12 |
| violence committed by perpetrators who are known or related by | 13 |
| blood or marriage to the victim. | 14 |
| At least once every 2 years, an in-service training program | 15 |
| for school personnel who work with pupils, including, but not | 16 |
| limited to, school and school district administrators, | 17 |
| teachers, school guidance counselors, school social workers, | 18 |
| school counselors, school psychologists, and school nurses, | 19 |
| must be conducted by persons with expertise in domestic and | 20 |
| sexual violence and the needs of expectant and parenting youth | 21 |
| and shall include training concerning (i) communicating with | 22 |
| and listening to youth victims of domestic or sexual violence | 23 |
| and expectant and parenting youth, (ii) connecting youth | 24 |
| victims of domestic or sexual violence and expectant and | 25 |
| parenting youth to appropriate in-school services and other | 26 |
| agencies, programs, and services as needed, and (iii) |
|
|
|
SB2071 Enrolled |
- 26 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| implementing the school district's policies, procedures, and | 2 |
| protocols with regard to such youth, including | 3 |
| confidentiality. At a minimum, school personnel must be trained | 4 |
| to understand, provide information and referrals, and address | 5 |
| issues pertaining to youth who are parents, expectant parents, | 6 |
| or victims of domestic or sexual violence.
| 7 |
| (e) At least once every 2 years, a school board shall | 8 |
| conduct in-service training on educator ethics, | 9 |
| teacher-student conduct, and school employee-student conduct | 10 |
| for all personnel. | 11 |
| (Source: P.A. 95-558, eff. 8-30-07.)
| 12 |
| (105 ILCS 5/21-1) (from Ch. 122, par. 21-1)
| 13 |
| Sec. 21-1. Qualification of teachers. No one may be | 14 |
| certified to
teach or supervise in the public schools of this | 15 |
| State who is not of
good character, of good health, a citizen | 16 |
| of the United States or
legally present and authorized for | 17 |
| employment, and at least 19 years of age. No one may be | 18 |
| certified to teach or supervise in the public schools of this | 19 |
| State who has been convicted of an offense set forth in Section | 20 |
| 21-23a of this Code.
An applicant for a certificate who is not | 21 |
| a citizen of the United States
must sign and file with the | 22 |
| State Board of Education a letter of intent
indicating that | 23 |
| either (i) within 10 years after the date that the letter is
| 24 |
| filed or (ii) at the earliest opportunity after the person | 25 |
| becomes eligible to
apply for U.S. citizenship, the person will |
|
|
|
SB2071 Enrolled |
- 27 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| apply for U.S. citizenship.
| 2 |
| Citizenship is not required for the issuance of a temporary | 3 |
| part-time
certificate to participants in approved training | 4 |
| programs for exchange
students as described in Section 21-10.2. | 5 |
| A certificate issued under
this plan shall expire on June 30 | 6 |
| following the date of issue. One
renewal for one year is | 7 |
| authorized if the holder remains as an official
participant in | 8 |
| an approved exchange program.
| 9 |
| In determining good character under this Section, any | 10 |
| felony
conviction of the applicant may be taken into | 11 |
| consideration, but , unless the conviction is an offense set | 12 |
| forth in Section 21-23a of this Code, an applicant must be | 13 |
| permitted to submit character references or other written | 14 |
| material before such a
conviction or other information | 15 |
| regarding the applicant's character may be used by the State | 16 |
| Superintendent of Education as a basis for denying the | 17 |
| application shall not operate as a bar to registration .
| 18 |
| No person otherwise qualified shall be denied the right to | 19 |
| be
certified, to receive training for the purpose of becoming a | 20 |
| teacher or
to engage in practice teaching in any school because | 21 |
| of a physical
disability including but not limited to visual | 22 |
| and hearing
disabilities; nor
shall any school district refuse | 23 |
| to employ a teacher on such grounds,
provided that the person | 24 |
| is able to carry out the duties of the position
for which he | 25 |
| applies.
| 26 |
| No person may be granted or continue to hold a teaching |
|
|
|
SB2071 Enrolled |
- 28 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| certificate who
has knowingly altered or misrepresented his or | 2 |
| her teaching qualifications
in order to acquire the | 3 |
| certificate. Any other certificate held by such
person may be | 4 |
| suspended or revoked by the State Teacher Certification
Board, | 5 |
| depending upon the severity of the alteration or | 6 |
| misrepresentation.
| 7 |
| No one may teach or supervise in the public schools nor | 8 |
| receive for
teaching or supervising any part of any public | 9 |
| school fund, who does not
hold a certificate of qualification | 10 |
| granted by the State Board of Education
or by the State Teacher | 11 |
| Certification Board and a regional superintendent of
schools as | 12 |
| hereinafter provided, or by the board of education of a city | 13 |
| having
a population exceeding 500,000 inhabitants except as | 14 |
| provided in Section 34-6
and in Section 10-22.34 or Section | 15 |
| 10-22.34b. However, the provisions of this
Article do not apply | 16 |
| to a member of the armed forces who is employed as a
teacher of | 17 |
| subjects in the Reserve Officer's Training Corps of any school.
| 18 |
| Sections 21-2 through 21-24 do not apply to cities having a | 19 |
| population
exceeding 500,000 inhabitants, until July 1, 1988.
| 20 |
| Notwithstanding any other provision of this Act, the board | 21 |
| of
education of any school district may grant to a teacher of | 22 |
| the district
a leave of absence with full pay for a period of | 23 |
| not more than one year
to permit such teacher to teach in a | 24 |
| foreign state under the provisions
of the Exchange Teacher | 25 |
| Program established under Public Law 584, 79th
Congress, and | 26 |
| Public Law 402, 80th Congress, as amended. The school
board |
|
|
|
SB2071 Enrolled |
- 29 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| granting such leave of absence may employ with or without pay a
| 2 |
| national of the foreign state wherein the teacher on leave of | 3 |
| absence
will teach, if the national is qualified to teach in | 4 |
| that foreign state,
and if that national will teach in a grade | 5 |
| level similar to the one
which was taught in such foreign | 6 |
| state. The State Board of Education
shall promulgate and | 7 |
| enforce such reasonable rules as may be
necessary to effectuate | 8 |
| this paragraph.
| 9 |
| (Source: P.A. 93-572, eff. 1-1-04.)
| 10 |
| (105 ILCS 5/21-23) (from Ch. 122, par. 21-23)
| 11 |
| Sec. 21-23. Suspension or revocation of certificate.
| 12 |
| (a) The State Superintendent of Education has the exclusive | 13 |
| authority, in accordance with this Section and any rules | 14 |
| adopted by the State Board of Education, to initiate the | 15 |
| suspension of up to 5 calendar years or revocation of any Any | 16 |
| certificate issued pursuant to this Article, including but not
| 17 |
| limited to any administrative certificate or endorsement, for | 18 |
| abuse or neglect of a child,
may be suspended
for a
period not | 19 |
| to exceed one calendar year by the regional
superintendent or | 20 |
| for a period not to exceed 5 calendar years by the
State | 21 |
| Superintendent of Education upon evidence of immorality, a | 22 |
| condition
of health detrimental to the welfare of pupils, | 23 |
| incompetency,
unprofessional conduct (which includes the | 24 |
| failure to disclose on an employment application any previous | 25 |
| conviction for a sex offense, as defined in Section 21-23a of |
|
|
|
SB2071 Enrolled |
- 30 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| this Code, or any other offense committed in any other state or | 2 |
| against the laws of the United States that, if committed in | 3 |
| this State, would be punishable as a sex offense, as defined in | 4 |
| Section 21-23a of this Code), the neglect of any professional | 5 |
| duty, willful
failure to report an instance of suspected child | 6 |
| abuse or neglect as
required by the Abused and Neglected Child | 7 |
| Reporting Act, failure to
establish satisfactory repayment on | 8 |
| an educational loan guaranteed by the
Illinois Student | 9 |
| Assistance Commission,
or other just cause. Unprofessional | 10 |
| conduct shall
include refusal to attend or participate in, | 11 |
| institutes, teachers' meetings,
professional readings, or to | 12 |
| meet other reasonable requirements of the
regional | 13 |
| superintendent or State Superintendent of Education. | 14 |
| Unprofessional
conduct also includes conduct that violates the | 15 |
| standards,
ethics, or rules
applicable to the security, | 16 |
| administration, monitoring, or scoring of, or the
reporting of | 17 |
| scores from, any assessment test or the Prairie State | 18 |
| Achievement
Examination administered
under Section 2-3.64 or | 19 |
| that is known or intended to produce or report
manipulated or | 20 |
| artificial, rather than actual, assessment or achievement
| 21 |
| results
or gains from the administration of those tests or | 22 |
| examinations. It shall
also include neglect or unnecessary | 23 |
| delay in making of statistical and
other reports required by | 24 |
| school officers. | 25 |
| (a-5) The regional superintendent
or State Superintendent | 26 |
| of Education shall , upon receipt of evidence of
abuse or |
|
|
|
SB2071 Enrolled |
- 31 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| neglect of a child, immorality, a condition of health | 2 |
| detrimental to the welfare of pupils,
incompetency, | 3 |
| unprofessional conduct, the neglect of any professional
duty or | 4 |
| other just cause , further investigate and, if and as | 5 |
| appropriate, serve written notice to the individual and
afford | 6 |
| the individual opportunity for a hearing prior to suspension or | 7 |
| revocation; provided that the State Superintendent is under no | 8 |
| obligation to initiate such an investigation if the Department | 9 |
| of Children and Family Services is investigating the same or | 10 |
| substantially similar allegations and its child protective | 11 |
| service unit has not made its determination as required under | 12 |
| Section 7.12 of the Abused and Neglected Child Reporting Act . | 13 |
| If the State Superintendent of Education does not receive from | 14 |
| an individual a request for a hearing within 10 days after the | 15 |
| individual receives notice, the suspension or revocation shall | 16 |
| immediately take effect in accordance with the notice. If
a | 17 |
| hearing is requested within 10 days of notice of opportunity | 18 |
| for
hearing , it shall act as a stay of proceedings until the | 19 |
| State Teacher Certification Board issues a decision. Any | 20 |
| hearing shall take place in the educational service region | 21 |
| wherein the educator is or was last employed and in accordance | 22 |
| with rules adopted by the State Board of Education, in | 23 |
| consultation with the State Teacher Certification Board, which | 24 |
| rules shall include without limitation provisions for | 25 |
| discovery and the sharing of information between parties prior | 26 |
| to the hearing. The standard of proof for any administrative |
|
|
|
SB2071 Enrolled |
- 32 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| hearing held pursuant to this Section shall be by the | 2 |
| preponderance of the evidence. The decision of the State | 3 |
| Teacher Certification Board is a final administrative decision | 4 |
| and is subject to judicial review by appeal of either party. | 5 |
| not to exceed 30 days, unless the individual requests a delay. | 6 |
| In such an instance, the stay of proceedings must be continued | 7 |
| for another 30 days. No
certificate shall be suspended until | 8 |
| the teacher has an opportunity for
a hearing at the educational | 9 |
| service region. When a certificate is
suspended, the right of | 10 |
| appeal shall lie to the State Teacher
Certification Board. When | 11 |
| an appeal is taken within 10 days after
notice of suspension it | 12 |
| shall act as a stay of proceedings not to exceed
120 days. If a | 13 |
| certificate is suspended for a period greater than one
year, | 14 |
| the State Superintendent of Education shall review the | 15 |
| suspension
prior to the expiration of that period to determine | 16 |
| whether the cause for
the suspension has been remedied or | 17 |
| continues to exist. Upon determining
that the cause for | 18 |
| suspension has not abated, the State Superintendent of
| 19 |
| Education may order that the suspension be continued for an | 20 |
| appropriate
period. Nothing in this Section prohibits the | 21 |
| continuance of such a
suspension for an indefinite period if | 22 |
| the State Superintendent determines
that the cause for the | 23 |
| suspension remains unabated. Any certificate may be
revoked for | 24 |
| the same reasons as for suspension by the State Superintendent
| 25 |
| of Education. No certificate shall be revoked until the teacher | 26 |
| has an
opportunity for a hearing before the State Teacher |
|
|
|
SB2071 Enrolled |
- 33 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| Certification Board,
which hearing must be held within 120
days | 2 |
| from the date the appeal is taken, unless the State Teacher | 3 |
| Certification Board requests a delay. In such an instance, the | 4 |
| stay of the revocation proceedings must be continued until the | 5 |
| completion of the proceedings.
| 6 |
| The State Board may refuse to issue or may suspend the
| 7 |
| certificate of any person who fails to file a return, or to pay | 8 |
| the tax,
penalty or interest shown in a filed return, or to pay | 9 |
| any final assessment
of tax, penalty or interest, as required | 10 |
| by any tax Act administered by the
Illinois Department of | 11 |
| Revenue, until such time as the requirements of any
such tax | 12 |
| Act are satisfied.
| 13 |
| The exclusive authority of the State Superintendent of | 14 |
| Education to initiate suspension or revocation of a certificate | 15 |
| pursuant to this Section does not preclude a regional | 16 |
| superintendent of schools from cooperating with the State | 17 |
| Superintendent or a State's Attorney with respect to an | 18 |
| investigation of alleged misconduct. | 19 |
| (b) (Blank). Any certificate issued pursuant to this | 20 |
| Article may be suspended
for an appropriate length of time as | 21 |
| determined by either the regional
superintendent or State | 22 |
| Superintendent of Education upon evidence that the
holder of | 23 |
| the certificate has been named as a perpetrator in an indicated
| 24 |
| report filed pursuant to the Abused and Neglected Child | 25 |
| Reporting Act,
approved June 26, 1975, as amended, and upon | 26 |
| proof by clear and convincing
evidence that the licensee has |
|
|
|
SB2071 Enrolled |
- 34 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| caused a child to be an abused child or
neglected child as | 2 |
| defined in the Abused and Neglected Child Reporting Act.
| 3 |
| The regional superintendent or State Superintendent of | 4 |
| Education shall,
upon receipt of evidence that the certificate | 5 |
| holder has been named a
perpetrator in any indicated report, | 6 |
| serve written notice to the individual
and afford the | 7 |
| individual opportunity for a hearing prior to suspension.
If a | 8 |
| hearing is requested within 10 days of notice of opportunity | 9 |
| for
hearing, it shall act as a stay of proceedings not to | 10 |
| exceed 30 days, unless the individual requests a delay. In such | 11 |
| an instance, the stay of proceedings must be continued for | 12 |
| another 30 days. No
certificate shall be suspended until the | 13 |
| teacher has an opportunity for
a hearing at the educational | 14 |
| service region. When a certificate is
suspended, the right of | 15 |
| appeal shall lie to the State Teacher
Certification Board. When | 16 |
| an appeal is taken within 10 days after
notice of suspension it | 17 |
| shall act as a stay of proceedings not to exceed 120
days. The | 18 |
| State Superintendent may revoke any certificate upon proof at
| 19 |
| hearing by clear and convincing evidence that the certificate | 20 |
| holder has
caused a child to be an abused child or neglected | 21 |
| child as defined in the
Abused and Neglected Child Reporting | 22 |
| Act. No certificate shall be revoked
until the teacher has an | 23 |
| opportunity for a hearing before the State Teacher
| 24 |
| Certification Board, which hearing must be held within 120 days | 25 |
| from the
date the appeal is taken, unless the teacher or the | 26 |
| hearing officer appointed by the State Teacher Certification |
|
|
|
SB2071 Enrolled |
- 35 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| Board requests a delay. In such an instance, the stay of the | 2 |
| revocation proceedings must be continued until the completion | 3 |
| of the proceedings.
| 4 |
| (b-5) The State Superintendent of Education or his or her | 5 |
| designee may initiate and conduct such investigations as may be | 6 |
| reasonably necessary to establish the existence of any alleged | 7 |
| misconduct. At any stage of the investigation, the State | 8 |
| Superintendent may issue a subpoena requiring the attendance | 9 |
| and testimony of a witness, including the certificate holder, | 10 |
| and the production of any evidence, including files, records, | 11 |
| correspondence, or documents, relating to any matter in | 12 |
| question in the investigation. The subpoena shall require a | 13 |
| witness to appear at the State Board of Education at a | 14 |
| specified date and time and shall specify any evidence to be | 15 |
| produced. The certificate holder is not entitled to be present, | 16 |
| but the State Superintendent shall provide the certificate | 17 |
| holder with a copy of any recorded testimony prior to a hearing | 18 |
| under this Section. Such recorded testimony must not be used as | 19 |
| evidence at a hearing, unless the certificate holder has | 20 |
| adequate notice of the testimony and the opportunity to | 21 |
| cross-examine the witness. Failure of a certificate holder to | 22 |
| comply with a duly-issued, investigatory subpoena may be | 23 |
| grounds for revocation, suspension, or denial of a certificate. | 24 |
| (b-10) All correspondence, documentation, and other | 25 |
| information so received by the regional superintendent of | 26 |
| schools, the State Superintendent of Education, the State Board |
|
|
|
SB2071 Enrolled |
- 36 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| of Education, or the State Teacher Certification Board under | 2 |
| this Section is confidential and must not be disclosed to third | 3 |
| parties, except (i) as necessary for the State Superintendent | 4 |
| of Education or his or her designee to investigate and | 5 |
| prosecute pursuant to this Article, (ii) pursuant to a court | 6 |
| order, (iii) for disclosure to the certificate holder or his or | 7 |
| her representative, or (iv) as otherwise required in this | 8 |
| Article and provided that any such information admitted into | 9 |
| evidence in a hearing shall be exempt from this confidentiality | 10 |
| and non-disclosure requirement. | 11 |
| (c) The State Superintendent of Education or a person | 12 |
| designated by him
shall have the power to administer oaths to | 13 |
| witnesses at any hearing
conducted before the State Teacher | 14 |
| Certification Board pursuant to this
Section. The State | 15 |
| Superintendent of Education or a person designated by
him is | 16 |
| authorized to subpoena and bring before the State Teacher
| 17 |
| Certification Board any person in this State and to take | 18 |
| testimony either
orally or by deposition or by exhibit, with | 19 |
| the same fees and mileage and
in the same manner as prescribed | 20 |
| by law in judicial proceedings in the
civil cases in circuit | 21 |
| courts of this State.
| 22 |
| (c-5) Any circuit court, upon the application of the State | 23 |
| Superintendent of
Education or the certificate holder , may, by | 24 |
| order duly entered, require the attendance of witnesses
and the | 25 |
| production of relevant books and papers as part of any | 26 |
| investigation or at any hearing the State Teacher Certification |
|
|
|
SB2071 Enrolled |
- 37 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| Board State
Superintendent of Education is authorized to | 2 |
| conduct pursuant to this Section,
and the court may compel | 3 |
| obedience to its orders by proceedings for contempt.
| 4 |
| (c-10) The State Board of Education shall receive an annual | 5 |
| line item appropriation to cover fees associated with the | 6 |
| investigation and prosecution of alleged educator misconduct | 7 |
| and hearings related thereto. | 8 |
| (d) As used in this Section, "teacher" means any school | 9 |
| district employee
regularly required to be certified, as | 10 |
| provided in this Article, in order to
teach or supervise in the | 11 |
| public schools.
| 12 |
| (Source: P.A. 93-679, eff. 6-30-04; 94-991, eff. 1-1-07.)
| 13 |
| (105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)
| 14 |
| Sec. 21-23a. Conviction of certain offenses sex or | 15 |
| narcotics offense, first degree murder,
attempted first degree | 16 |
| murder, or Class X felony as grounds for revocation
of | 17 |
| certificate.
| 18 |
| (a) Whenever the holder of any certificate issued pursuant
| 19 |
| to this Article has been convicted of any sex offense or | 20 |
| narcotics offense
as defined in this Section, the regional | 21 |
| superintendent or the State
Superintendent
of Education shall | 22 |
| forthwith suspend the certificate. If the conviction
is | 23 |
| reversed and the holder is acquitted of the offense in a new | 24 |
| trial or
the charges against him are dismissed, the suspending | 25 |
| authority shall forthwith
terminate the suspension of the |
|
|
|
SB2071 Enrolled |
- 38 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| certificate. When the conviction becomes
final, the State | 2 |
| Superintendent of Education shall forthwith revoke the
| 3 |
| certificate. "Sex offense" as used in this Section means any | 4 |
| one or more
of the following offenses: (1) any offense defined | 5 |
| in Sections 11-6 and
11-9 through 11-9.5, inclusive, and | 6 |
| Sections 11-14 through 11-21, inclusive, Sections 11-23 (if | 7 |
| punished as a Class 3 felony), 11-24, 11-25, and 11-26, and | 8 |
| Sections 12-4.9,
12-13, 12-14,
12-14.1,
12-15 , and 12-16 , | 9 |
| 12-32, and 12-33 of the Criminal Code of 1961; (2) any
attempt | 10 |
| to commit any of the foregoing offenses, and (3) any offense | 11 |
| committed
or attempted in any other state which, if committed | 12 |
| or attempted in this
State, would have been punishable as one | 13 |
| or more of the foregoing
offenses. "Narcotics offense" as used | 14 |
| in this Section
means any one or more of the following | 15 |
| offenses: (1) any offense defined
in the Cannabis Control Act , | 16 |
| except those defined in Sections 4(a), 4(b)
and 5(a) of that | 17 |
| Act and any offense for which the holder of any certificate
is | 18 |
| placed on probation under the provisions of Section 10 of that | 19 |
| Act , provided that if the terms and conditions of probation | 20 |
| required by the court are not fulfilled, the offense is not | 21 |
| eligible for this exception and
fulfills the terms and | 22 |
| conditions of probation as may be required by the
court ; (2) | 23 |
| any offense defined in the Illinois Controlled
Substances Act , | 24 |
| except any offense for which the holder of any certificate
is | 25 |
| placed on probation under the provisions of Section 410 of that | 26 |
| Act , provided that if the terms and conditions of probation |
|
|
|
SB2071 Enrolled |
- 39 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| required by the court are not fulfilled, the offense is not | 2 |
| eligible for this exception and
fulfills the terms and | 3 |
| conditions of probation as may be required by the
court ; (3) | 4 |
| any offense defined in the Methamphetamine Control and | 5 |
| Community Protection Act , except any offense for which the | 6 |
| holder of any certificate is placed on probation under the | 7 |
| provision of Section 70 of that Act , provided that if the terms | 8 |
| and conditions of probation required by the court are not | 9 |
| fulfilled, the offense is not eligible for this exception and | 10 |
| fulfills the terms and conditions of probation as may be | 11 |
| required by the court ; (4) any attempt to commit any of the | 12 |
| foregoing offenses; and (5)
any offense committed or attempted | 13 |
| in any other state or against the laws
of the United States | 14 |
| which, if committed or attempted in this State, would
have been | 15 |
| punishable as one or more of the foregoing offenses. The | 16 |
| changes made by this amendatory Act of the 96th General | 17 |
| Assembly to the definition of "narcotics offense" in this | 18 |
| subsection (a) are declaratory of existing law.
| 19 |
| (b) Whenever the holder of a certificate issued pursuant to | 20 |
| this Article
has been convicted of first degree murder, | 21 |
| attempted first degree murder, conspiracy to commit first | 22 |
| degree murder, attempted conspiracy to commit first degree | 23 |
| murder, or a
Class X felony or any offense committed or | 24 |
| attempted in any other state or against the laws of the United | 25 |
| States that, if committed or attempted in this State, would | 26 |
| have been punishable as one or more of the foregoing offenses , |
|
|
|
SB2071 Enrolled |
- 40 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| the regional superintendent or the State Superintendent of
| 2 |
| Education shall forthwith suspend the certificate. If the | 3 |
| conviction is
reversed and the holder is acquitted of that | 4 |
| offense in a new trial or the
charges that he or she committed | 5 |
| that offense are dismissed, the State Superintendent of | 6 |
| Education suspending
authority shall forthwith terminate the | 7 |
| suspension of the certificate. When
the conviction becomes | 8 |
| final, the State Superintendent of Education shall
forthwith | 9 |
| revoke the certificate. The stated offenses of "first degree
| 10 |
| murder", "attempted first degree murder", and "Class X felony" | 11 |
| referred to in
this Section include any offense committed in | 12 |
| another state that, if committed
in this State, would have been | 13 |
| punishable as any one of the stated offenses.
| 14 |
| (Source: P.A. 94-556, eff. 9-11-05.)
| 15 |
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| 16 |
| Sec. 34-18.5. Criminal history records checks and checks of | 17 |
| the Statewide Sex Offender Database and Statewide Child | 18 |
| Murderer and Violent Offender Against Youth Database.
| 19 |
| (a) Certified and noncertified applicants for
employment | 20 |
| with the school district are required as a condition of
| 21 |
| employment to authorize a fingerprint-based criminal history | 22 |
| records check to determine if such applicants
have been | 23 |
| convicted of any of the enumerated criminal or drug offenses in
| 24 |
| subsection (c) of this Section or have been
convicted, within 7 | 25 |
| years of the application for employment with the
school |
|
|
|
SB2071 Enrolled |
- 41 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| district, of any other felony under the laws of this State or | 2 |
| of any
offense committed or attempted in any other state or | 3 |
| against the laws of
the United States that, if committed or | 4 |
| attempted in this State, would
have been punishable as a felony | 5 |
| under the laws of this State. Authorization
for
the
check shall
| 6 |
| be furnished by the applicant to the school district, except | 7 |
| that if the
applicant is a substitute teacher seeking | 8 |
| employment in more than one
school district, or a teacher | 9 |
| seeking concurrent part-time employment
positions with more | 10 |
| than one school district (as a reading specialist,
special | 11 |
| education teacher or otherwise), or an educational support
| 12 |
| personnel employee seeking employment positions with more than | 13 |
| one
district, any such district may require the applicant to | 14 |
| furnish
authorization for
the check to the regional | 15 |
| superintendent of the
educational service region in which are | 16 |
| located the school districts in
which the applicant is seeking | 17 |
| employment as a substitute or concurrent
part-time teacher or | 18 |
| concurrent educational support personnel employee.
Upon | 19 |
| receipt of this authorization, the school district or the | 20 |
| appropriate
regional superintendent, as the case may be, shall | 21 |
| submit the applicant's
name, sex, race, date of birth, social | 22 |
| security number, fingerprint images, and other identifiers, as | 23 |
| prescribed by the Department
of State Police, to the | 24 |
| Department. The regional
superintendent submitting the | 25 |
| requisite information to the Department of
State Police shall | 26 |
| promptly notify the school districts in which the
applicant is |
|
|
|
SB2071 Enrolled |
- 42 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| seeking employment as a substitute or concurrent part-time
| 2 |
| teacher or concurrent educational support personnel employee | 3 |
| that
the
check of the applicant has been requested. The | 4 |
| Department of State
Police and the Federal Bureau of | 5 |
| Investigation shall furnish, pursuant to a fingerprint-based | 6 |
| criminal history records check, records of convictions, until | 7 |
| expunged, to the president of the school board for the school | 8 |
| district that requested the check, or to the regional | 9 |
| superintendent who requested the check. The
Department shall | 10 |
| charge
the school district
or the appropriate regional | 11 |
| superintendent a fee for
conducting
such check, which fee shall | 12 |
| be deposited in the State
Police Services Fund and shall not | 13 |
| exceed the cost of the inquiry; and the
applicant shall not be | 14 |
| charged a fee for
such check by the school
district or by the | 15 |
| regional superintendent. Subject to appropriations for these | 16 |
| purposes, the State Superintendent of Education shall | 17 |
| reimburse the school district and regional superintendent for | 18 |
| fees paid to obtain criminal history records checks under this | 19 |
| Section.
| 20 |
| (a-5) The school district or regional superintendent shall | 21 |
| further perform a check of the Statewide Sex Offender Database, | 22 |
| as authorized by the Sex Offender Community Notification Law, | 23 |
| for each applicant. | 24 |
| (a-6) The school district or regional superintendent shall | 25 |
| further perform a check of the Statewide Child Murderer and | 26 |
| Violent Offender Against Youth Database, as authorized by the |
|
|
|
SB2071 Enrolled |
- 43 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| Child Murderer and Violent Offender Against Youth Community | 2 |
| Notification Law, for each applicant. | 3 |
| (b) Any
information concerning the record of convictions | 4 |
| obtained by the president
of the board of education or the | 5 |
| regional superintendent shall be
confidential and may only be | 6 |
| transmitted to the general superintendent of
the school | 7 |
| district or his designee, the appropriate regional
| 8 |
| superintendent if
the check was requested by the board of | 9 |
| education
for the school district, the presidents of the | 10 |
| appropriate board of
education or school boards if
the check | 11 |
| was requested from the
Department of State Police by the | 12 |
| regional superintendent, the State
Superintendent of | 13 |
| Education, the State Teacher Certification Board or any
other | 14 |
| person necessary to the decision of hiring the applicant for
| 15 |
| employment. A copy of the record of convictions obtained from | 16 |
| the
Department of State Police shall be provided to the | 17 |
| applicant for
employment. Upon the check of the Statewide Sex | 18 |
| Offender Database, the school district or regional | 19 |
| superintendent shall notify an applicant as to whether or not | 20 |
| the applicant has been identified in the Database as a sex | 21 |
| offender. If a check of an applicant for employment as a
| 22 |
| substitute or concurrent part-time teacher or concurrent | 23 |
| educational
support personnel employee in more than one school | 24 |
| district was requested
by the regional superintendent, and the | 25 |
| Department of State Police upon
a check ascertains that the | 26 |
| applicant has not been convicted of any
of the enumerated |
|
|
|
SB2071 Enrolled |
- 44 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| criminal or drug offenses in subsection (c)
or has not been
| 2 |
| convicted,
within 7 years of the application for employment | 3 |
| with the
school district, of any other felony under the laws of | 4 |
| this State or of any
offense committed or attempted in any | 5 |
| other state or against the laws of
the United States that, if | 6 |
| committed or attempted in this State, would
have been | 7 |
| punishable as a felony under the laws of this State and so
| 8 |
| notifies the regional superintendent and if the regional | 9 |
| superintendent upon a check ascertains that the applicant has | 10 |
| not been identified in the Sex Offender Database as a sex | 11 |
| offender, then the regional superintendent
shall issue to the | 12 |
| applicant a certificate evidencing that as of the date
| 13 |
| specified by the Department of State Police the applicant has | 14 |
| not been
convicted of any of the enumerated criminal or drug | 15 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 16 |
| years of the application for employment with the
school | 17 |
| district, of any other felony under the laws of this State or | 18 |
| of any
offense committed or attempted in any other state or | 19 |
| against the laws of
the United States that, if committed or | 20 |
| attempted in this State, would
have been punishable as a felony | 21 |
| under the laws of this State and evidencing that as of the date | 22 |
| that the regional superintendent conducted a check of the | 23 |
| Statewide Sex Offender Database, the applicant has not been | 24 |
| identified in the Database as a sex offender. The school
board | 25 |
| of any school district may rely on the certificate issued by | 26 |
| any regional
superintendent to that substitute teacher, |
|
|
|
SB2071 Enrolled |
- 45 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| concurrent part-time teacher, or concurrent educational | 2 |
| support personnel employee
or may initiate its own criminal | 3 |
| history records check of
the applicant through the Department | 4 |
| of State Police and its own check of the Statewide Sex Offender | 5 |
| Database as provided in
subsection (a). Any person who releases | 6 |
| any confidential information
concerning any criminal | 7 |
| convictions of an applicant for employment shall be
guilty of a | 8 |
| Class A misdemeanor, unless the release of such information is
| 9 |
| authorized by this Section.
| 10 |
| (c) The board of education shall not knowingly employ a | 11 |
| person who has
been convicted of any offense that would subject | 12 |
| him or her to certification suspension or revocation pursuant | 13 |
| to Section 21-23a of this Code. for committing attempted first | 14 |
| degree murder or for
committing or attempting to commit first | 15 |
| degree murder or a Class X felony
or any one or more of the
| 16 |
| following offenses: (i) those defined in Sections 11-6, 11-9, | 17 |
| 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | 18 |
| 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15
| 19 |
| and 12-16 of the Criminal Code of
1961; (ii) those defined in | 20 |
| the Cannabis Control Act,
except those defined in Sections | 21 |
| 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | 22 |
| Illinois Controlled Substances Act;
(iv) those defined in the | 23 |
| Methamphetamine Control and Community Protection Act; and (v) | 24 |
| any
offense committed or attempted in any other state or | 25 |
| against the laws of
the United States, which if committed or | 26 |
| attempted in this State, would
have been punishable as one or |
|
|
|
SB2071 Enrolled |
- 46 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| more of the foregoing offenses.
Further, the board of education | 2 |
| shall not knowingly employ a person who has
been found to be | 3 |
| the perpetrator of sexual or physical abuse of any minor under
| 4 |
| 18 years of age pursuant to proceedings under Article II of the | 5 |
| Juvenile Court
Act of 1987.
| 6 |
| (d) The board of education shall not knowingly employ a | 7 |
| person for whom
a criminal history records check and a | 8 |
| Statewide Sex Offender Database check has not been initiated.
| 9 |
| (e) Upon receipt of the record of a conviction of or a | 10 |
| finding of child
abuse by a holder of any
certificate issued | 11 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 12 |
| Code, the board of education or the State Superintendent of
| 13 |
| Education may shall initiate the certificate suspension and | 14 |
| revocation
proceedings as authorized by law.
| 15 |
| (e-5) The general superintendent of schools shall, in | 16 |
| writing, notify the State Superintendent of Education of any | 17 |
| certificate holder whom he or she has reasonable cause to | 18 |
| believe has committed an intentional act of abuse or neglect | 19 |
| with the result of making a child an abused child or a | 20 |
| neglected child, as defined in Section 3 of the Abused and | 21 |
| Neglected Child Reporting Act, and that act resulted in the | 22 |
| certificate holder's dismissal or resignation from the school | 23 |
| district. This notification must be submitted within 30 days | 24 |
| after the dismissal or resignation. The certificate holder must | 25 |
| also be contemporaneously sent a copy of the notice by the | 26 |
| superintendent. All correspondence, documentation, and other |
|
|
|
SB2071 Enrolled |
- 47 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| information so received by the State Superintendent of | 2 |
| Education, the State Board of Education, or the State Teacher | 3 |
| Certification Board under this subsection (e-5) is | 4 |
| confidential and must not be disclosed to third parties, except | 5 |
| (i) as necessary for the State Superintendent of Education or | 6 |
| his or her designee to investigate and prosecute pursuant to | 7 |
| Article 21 of this Code, (ii) pursuant to a court order, (iii) | 8 |
| for disclosure to the certificate holder or his or her | 9 |
| representative, or (iv) as otherwise provided in this Article | 10 |
| and provided that any such information admitted into evidence | 11 |
| in a hearing is exempt from this confidentiality and | 12 |
| non-disclosure requirement. Except for an act of willful or | 13 |
| wanton misconduct, any superintendent who provides | 14 |
| notification as required in this subsection (e-5) shall have | 15 |
| immunity from any liability, whether civil or criminal or that | 16 |
| otherwise might result by reason of such action. | 17 |
| (f) After March 19, 1990, the provisions of this Section | 18 |
| shall apply to
all employees of persons or firms holding | 19 |
| contracts with any school district
including, but not limited | 20 |
| to, food service workers, school bus drivers and
other | 21 |
| transportation employees, who have direct, daily contact with | 22 |
| the
pupils of any school in such district. For purposes of | 23 |
| criminal history records checks and checks of the Statewide Sex | 24 |
| Offender Database on employees of persons or firms holding | 25 |
| contracts with more
than one school district and assigned to | 26 |
| more than one school district, the
regional superintendent of |
|
|
|
SB2071 Enrolled |
- 48 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
| the educational service region in which the
contracting school | 2 |
| districts are located may, at the request of any such
school | 3 |
| district, be responsible for receiving the authorization for
a | 4 |
| criminal history records check prepared by each such employee | 5 |
| and submitting the same to the
Department of State Police and | 6 |
| for conducting a check of the Statewide Sex Offender Database | 7 |
| for each employee. Any information concerning the record of
| 8 |
| conviction and identification as a sex offender of any such | 9 |
| employee obtained by the regional superintendent
shall be | 10 |
| promptly reported to the president of the appropriate school | 11 |
| board
or school boards.
| 12 |
| (Source: P.A. 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; | 13 |
| 94-875, eff. 7-1-06; 94-945, eff. 6-27-06; 95-331, eff. | 14 |
| 8-21-07.)
| 15 |
| Section 99. Effective date. This Act takes effect July 1, | 16 |
| 2009. |
|
|
|
SB2071 Enrolled |
- 49 - |
LRB096 03629 NHT 13657 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 55 ILCS 5/3-9005 |
from Ch. 34, par. 3-9005 |
| 4 |
| 105 ILCS 5/3-11 |
from Ch. 122, par. 3-11 |
| 5 |
| 105 ILCS 5/10-21.9 |
from Ch. 122, par. 10-21.9 |
| 6 |
| 105 ILCS 5/10-22.39 |
from Ch. 122, par. 10-22.39 |
| 7 |
| 105 ILCS 5/21-1 |
from Ch. 122, par. 21-1 |
| 8 |
| 105 ILCS 5/21-23 |
from Ch. 122, par. 21-23 |
| 9 |
| 105 ILCS 5/21-23a |
from Ch. 122, par. 21-23a |
| 10 |
| 105 ILCS 5/34-18.5 |
from Ch. 122, par. 34-18.5 |
| |
|