Full Text of SB2946 094th General Assembly
SB2946 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2946
Introduced 1/20/2006, by Sen. Peter J. Roskam SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-21.9 |
from Ch. 122, par. 10-21.9 |
105 ILCS 5/34-18.5 |
from Ch. 122, par. 34-18.5 |
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Amends the School Code. Provides that before the beginning of the 2007-2008 school year, all employees of a school district must have a criminal history records check and a check of the Statewide Sex Offender Database performed in the same manner as for applicants for employment.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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SB2946 |
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LRB094 19102 NHT 54617 b |
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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 School Code is amended by changing Sections | 5 |
| 10-21.9 and 34-18.5 as follows:
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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 | 8 |
| the Statewide Sex Offender 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 | 26 |
| specialist, special education teacher or otherwise),
or an | 27 |
| educational support personnel employee seeking employment | 28 |
| positions
with more than one district, any such district may | 29 |
| require the applicant to
furnish authorization for
the check to | 30 |
| the regional superintendent
of the educational service region | 31 |
| in which are located the school districts
in which the | 32 |
| applicant is seeking employment as a substitute or concurrent
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LRB094 19102 NHT 54617 b |
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| part-time teacher or concurrent educational support personnel | 2 |
| employee.
Upon receipt of this authorization, the school | 3 |
| district or the appropriate
regional superintendent, as the | 4 |
| case may be, shall submit the applicant's
name, sex, race, date | 5 |
| of birth, social security number, fingerprint images, and other | 6 |
| identifiers, as prescribed by the Department
of State Police, | 7 |
| to the Department. The regional
superintendent submitting the | 8 |
| requisite information to the Department of
State Police shall | 9 |
| promptly notify the school districts in which the
applicant is | 10 |
| seeking employment as a substitute or concurrent part-time
| 11 |
| teacher or concurrent educational support personnel employee | 12 |
| that
the
check of the applicant has been requested. The | 13 |
| Department of State Police and the Federal Bureau of | 14 |
| Investigation shall furnish, pursuant to a fingerprint-based | 15 |
| criminal history records check, records of convictions, until | 16 |
| expunged, to the president of the school board for the school | 17 |
| district that requested the check, or to the regional | 18 |
| superintendent who requested the check.
The
Department shall | 19 |
| charge
the school district
or the appropriate regional | 20 |
| superintendent a fee for
conducting
such check, which fee shall | 21 |
| be deposited in the State
Police Services Fund and shall not | 22 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 23 |
| charged a fee for
such check by the school
district or by the | 24 |
| regional superintendent. Subject to appropriations for these | 25 |
| purposes, the State Superintendent of Education shall | 26 |
| reimburse school districts and regional superintendents for | 27 |
| fees paid to obtain criminal history records checks under this | 28 |
| Section.
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| (a-5) The school district or regional superintendent shall | 30 |
| further perform a check of the Statewide Sex Offender Database, | 31 |
| as authorized by the Sex Offender and Child Murderer Community | 32 |
| Notification Law, for each applicant.
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| (b)
Any information
concerning the record of convictions | 34 |
| obtained by the president of the
school board or the regional | 35 |
| superintendent shall be confidential and may
only be | 36 |
| transmitted to the superintendent of the school district or his
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| designee, the appropriate regional superintendent if
the check | 2 |
| was
requested by the school district, the presidents of the | 3 |
| appropriate school
boards if
the check was requested from the | 4 |
| Department of State
Police by the regional superintendent, the | 5 |
| State Superintendent of
Education, the State Teacher | 6 |
| Certification Board or any other person
necessary to the | 7 |
| decision of hiring the applicant for employment. A copy
of the | 8 |
| record of convictions obtained from the Department of State | 9 |
| Police
shall be provided to the applicant for employment. Upon | 10 |
| the check of the Statewide Sex Offender Database, the school | 11 |
| district or regional superintendent shall notify an applicant | 12 |
| as to whether or not the applicant has been identified in the | 13 |
| Database as a sex offender. If a check of
an applicant for | 14 |
| employment as a substitute or concurrent part-time teacher
or | 15 |
| concurrent educational support personnel employee in more than | 16 |
| one
school district was requested by the regional | 17 |
| superintendent, and the
Department of State Police upon a check | 18 |
| ascertains that the applicant
has not been convicted of any of | 19 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 20 |
| has not been convicted, within 7 years of the
application for
| 21 |
| employment with the
school district, of any other felony under | 22 |
| the laws of this State or of any
offense committed or attempted | 23 |
| in any other state or against the laws of
the United States | 24 |
| that, if committed or attempted in this State, would
have been | 25 |
| punishable as a felony under the laws of this State
and so | 26 |
| notifies the regional
superintendent and if the regional | 27 |
| superintendent upon a check ascertains that the applicant has | 28 |
| not been identified in the Sex Offender Database as a sex | 29 |
| offender, then the
regional superintendent shall issue to the | 30 |
| applicant a certificate
evidencing that as of the date | 31 |
| specified by the Department of State Police
the applicant has | 32 |
| not been convicted of any of the enumerated criminal or
drug | 33 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 34 |
| years of the application for employment with the
school | 35 |
| district, of any other felony under the laws of this State or | 36 |
| of any
offense committed or attempted in any other state or |
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| against the laws of
the United States that, if committed or | 2 |
| attempted in this State, would
have been punishable as a felony | 3 |
| under the laws of this State and evidencing that as of the date | 4 |
| that the regional superintendent conducted a check of the | 5 |
| Statewide Sex Offender Database, the applicant has not been | 6 |
| identified in the Database as a sex offender. The school
board | 7 |
| of
any
school district
located in the educational service | 8 |
| region served by the regional
superintendent who issues such a | 9 |
| certificate to an applicant for employment
as a substitute | 10 |
| teacher in more than one such district may rely on the
| 11 |
| certificate issued by the regional superintendent to that | 12 |
| applicant, or may
initiate its own criminal history records | 13 |
| check of the applicant through the Department of
State Police | 14 |
| and its own check of the Statewide Sex Offender Database as | 15 |
| provided in subsection (a). Any person who releases any
| 16 |
| confidential information concerning any criminal convictions | 17 |
| of an
applicant for employment shall be guilty of a Class A | 18 |
| misdemeanor, unless
the release of such information is | 19 |
| authorized by this Section.
| 20 |
| (c) No school board shall knowingly employ a person who has | 21 |
| been
convicted for committing attempted first degree murder or | 22 |
| for committing or
attempting to commit first degree murder or a | 23 |
| Class X felony or any one or
more of the
following offenses: | 24 |
| (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| 25 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | 26 |
| 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | 27 |
| Criminal Code of 1961; (ii)
those defined in the Cannabis | 28 |
| Control Act except those defined in Sections
4(a), 4(b) and | 29 |
| 5(a) of that Act; (iii) those defined in the Illinois
| 30 |
| Controlled Substances Act; (iv) those defined in the | 31 |
| Methamphetamine Control and Community Protection Act; and (v) | 32 |
| any
offense committed or attempted in
any other state or | 33 |
| against the laws of the United States, which if
committed or | 34 |
| attempted in this State, would have been punishable as one or
| 35 |
| more of the foregoing offenses.
Further, no school board shall | 36 |
| knowingly employ a person who has been found
to be the |
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| perpetrator of sexual or physical abuse of any minor under 18 | 2 |
| years
of age pursuant to proceedings under Article II of the | 3 |
| Juvenile Court Act of
1987.
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| (d) No school board shall knowingly employ a person for | 5 |
| whom a criminal
history records check and a Statewide Sex | 6 |
| Offender Database check has not been initiated. Before the | 7 |
| beginning of the 2007-2008 school year, all employees of the | 8 |
| school district, whether certified or noncertified, must have a | 9 |
| criminal history records check and a check of the Statewide Sex | 10 |
| Offender Database performed in the same manner as for | 11 |
| applicants for employment under this Section.
| 12 |
| (e) Upon receipt of the record of a conviction of or a | 13 |
| finding of child
abuse by a holder of any
certificate issued | 14 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 15 |
| Code, the appropriate regional superintendent of schools or the
| 16 |
| State Superintendent of Education shall initiate the | 17 |
| certificate suspension
and revocation proceedings authorized | 18 |
| by law.
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| (f) After January 1, 1990 the provisions of this Section | 20 |
| shall apply
to all employees of persons or firms holding | 21 |
| contracts with any school
district including, but not limited | 22 |
| to, food service workers, school bus
drivers and other | 23 |
| transportation employees, who have direct, daily contact
with | 24 |
| the pupils of any school in such district. For purposes of | 25 |
| criminal
history records checks and checks of the Statewide Sex | 26 |
| Offender Database on employees of persons or firms holding
| 27 |
| contracts with more than one school district and assigned to | 28 |
| more than one
school district, the regional superintendent of | 29 |
| the educational service
region in which the contracting school | 30 |
| districts are located may, at the
request of any such school | 31 |
| district, be responsible for receiving the
authorization for
a | 32 |
| criminal history records check prepared by each such employee | 33 |
| and
submitting the same to the Department of State Police and | 34 |
| for conducting a check of the Statewide Sex Offender Database | 35 |
| for each employee. Any information
concerning the record of | 36 |
| conviction and identification as a sex offender of any such |
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| employee obtained by the
regional superintendent shall be | 2 |
| promptly reported to the president of the
appropriate school | 3 |
| board or school boards.
| 4 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 5 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
| 6 |
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| 7 |
| Sec. 34-18.5. Criminal history records checks and checks of | 8 |
| the Statewide Sex Offender Database.
| 9 |
| (a) Certified and noncertified applicants for
employment | 10 |
| with the school district are required as a condition of
| 11 |
| employment to authorize a fingerprint-based criminal history | 12 |
| records check to determine if such applicants
have been | 13 |
| convicted of any of the enumerated criminal or drug offenses in
| 14 |
| subsection (c) of this Section or have been
convicted, within 7 | 15 |
| years of the application for employment with the
school | 16 |
| district, of any other felony under the laws of this State or | 17 |
| of any
offense committed or attempted in any other state or | 18 |
| against the laws of
the United States that, if committed or | 19 |
| attempted in this State, would
have been punishable as a felony | 20 |
| under the laws of this State. Authorization
for
the
check shall
| 21 |
| be furnished by the applicant to the school district, except | 22 |
| that if the
applicant is a substitute teacher seeking | 23 |
| employment in more than one
school district, or a teacher | 24 |
| seeking concurrent part-time employment
positions with more | 25 |
| than one school district (as a reading specialist,
special | 26 |
| education teacher or otherwise), or an educational support
| 27 |
| personnel employee seeking employment positions with more than | 28 |
| one
district, any such district may require the applicant to | 29 |
| furnish
authorization for
the check to the regional | 30 |
| superintendent of the
educational service region in which are | 31 |
| located the school districts in
which the applicant is seeking | 32 |
| employment as a substitute or concurrent
part-time teacher or | 33 |
| concurrent educational support personnel employee.
Upon | 34 |
| receipt of this authorization, the school district or the | 35 |
| appropriate
regional superintendent, as the case may be, shall |
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| 1 |
| submit the applicant's
name, sex, race, date of birth, social | 2 |
| security number, fingerprint images, and other identifiers, as | 3 |
| prescribed by the Department
of State Police, to the | 4 |
| Department. The regional
superintendent submitting the | 5 |
| requisite information to the Department of
State Police shall | 6 |
| promptly notify the school districts in which the
applicant is | 7 |
| seeking employment as a substitute or concurrent part-time
| 8 |
| teacher or concurrent educational support personnel employee | 9 |
| that
the
check of the applicant has been requested. The | 10 |
| Department of State
Police and the Federal Bureau of | 11 |
| Investigation shall furnish, pursuant to a fingerprint-based | 12 |
| criminal history records check, records of convictions, until | 13 |
| expunged, to the president of the school board for the school | 14 |
| district that requested the check, or to the regional | 15 |
| superintendent who requested the check. The
Department shall | 16 |
| charge
the school district
or the appropriate regional | 17 |
| superintendent a fee for
conducting
such check, which fee shall | 18 |
| be deposited in the State
Police Services Fund and shall not | 19 |
| exceed the cost of the inquiry; and the
applicant shall not be | 20 |
| charged a fee for
such check by the school
district or by the | 21 |
| regional superintendent. Subject to appropriations for these | 22 |
| purposes, the State Superintendent of Education shall | 23 |
| reimburse the school district and regional superintendent for | 24 |
| fees paid to obtain criminal history records checks under this | 25 |
| Section.
| 26 |
| (a-5) The school district or regional superintendent shall | 27 |
| further perform a check of the Statewide Sex Offender Database, | 28 |
| as authorized by the Sex Offender and Child Murderer Community | 29 |
| Notification Law, for each applicant.
| 30 |
| (b) Any
information concerning the record of convictions | 31 |
| obtained by the president
of the board of education or the | 32 |
| regional superintendent shall be
confidential and may only be | 33 |
| transmitted to the general superintendent of
the school | 34 |
| district or his designee, the appropriate regional
| 35 |
| superintendent if
the check was requested by the board of | 36 |
| education
for the school district, the presidents of the |
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| appropriate board of
education or school boards if
the check | 2 |
| was requested from the
Department of State Police by the | 3 |
| regional superintendent, the State
Superintendent of | 4 |
| Education, the State Teacher Certification Board or any
other | 5 |
| person necessary to the decision of hiring the applicant for
| 6 |
| employment. A copy of the record of convictions obtained from | 7 |
| the
Department of State Police shall be provided to the | 8 |
| applicant for
employment. Upon the check of the Statewide Sex | 9 |
| Offender Database, the school district or regional | 10 |
| superintendent shall notify an applicant as to whether or not | 11 |
| the applicant has been identified in the Database as a sex | 12 |
| offender. If a check of an applicant for employment as a
| 13 |
| substitute or concurrent part-time teacher or concurrent | 14 |
| educational
support personnel employee in more than one school | 15 |
| district was requested
by the regional superintendent, and the | 16 |
| Department of State Police upon
a check ascertains that the | 17 |
| applicant has not been convicted of any
of the enumerated | 18 |
| criminal or drug offenses in subsection (c)
or has not been
| 19 |
| convicted,
within 7 years of the application for employment | 20 |
| with the
school district, of any other felony under the laws of | 21 |
| this State or of any
offense committed or attempted in any | 22 |
| other state or against the laws of
the United States that, if | 23 |
| committed or attempted in this State, would
have been | 24 |
| punishable as a felony under the laws of this State and so
| 25 |
| notifies the regional superintendent and if the regional | 26 |
| superintendent upon a check ascertains that the applicant has | 27 |
| not been identified in the Sex Offender Database as a sex | 28 |
| offender, then the regional superintendent
shall issue to the | 29 |
| applicant a certificate evidencing that as of the date
| 30 |
| specified by the Department of State Police the applicant has | 31 |
| not been
convicted of any of the enumerated criminal or drug | 32 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 33 |
| years of the application for employment with the
school | 34 |
| district, of any other felony under the laws of this State or | 35 |
| of any
offense committed or attempted in any other state or | 36 |
| against the laws of
the United States that, if committed or |
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| attempted in this State, would
have been punishable as a felony | 2 |
| under the laws of this State and evidencing that as of the date | 3 |
| that the regional superintendent conducted a check of the | 4 |
| Statewide Sex Offender Database, the applicant has not been | 5 |
| identified in the Database as a sex offender. The school
board | 6 |
| of any school district located
in
the educational
service | 7 |
| region served by the regional superintendent who issues such a
| 8 |
| certificate to an applicant for employment as a substitute or | 9 |
| concurrent
part-time teacher or concurrent educational support | 10 |
| personnel employee in more
than one such district may rely on | 11 |
| the certificate issued by the regional
superintendent to that | 12 |
| applicant, or may initiate its own criminal history records | 13 |
| check of
the applicant through the Department of State Police | 14 |
| and its own check of the Statewide Sex Offender Database as | 15 |
| provided in
subsection (a). Any person who releases any | 16 |
| confidential information
concerning any criminal convictions | 17 |
| of an applicant for employment shall be
guilty of a Class A | 18 |
| misdemeanor, unless the release of such information is
| 19 |
| authorized by this Section.
| 20 |
| (c) The board of education shall not knowingly employ a | 21 |
| person who has
been convicted for committing attempted first | 22 |
| degree murder or for
committing or attempting to commit first | 23 |
| degree murder or a Class X felony
or any one or more of the
| 24 |
| following offenses: (i) those defined in Sections 11-6, 11-9, | 25 |
| 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | 26 |
| 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | 27 |
| and 12-16 of the Criminal Code of
1961; (ii) those defined in | 28 |
| the Cannabis Control Act,
except those defined in Sections | 29 |
| 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | 30 |
| Illinois Controlled Substances Act;
(iv) those defined in the | 31 |
| Methamphetamine Control and Community Protection Act; and (v) | 32 |
| any
offense committed or attempted in any other state or | 33 |
| against the laws of
the United States, which if committed or | 34 |
| attempted in this State, would
have been punishable as one or | 35 |
| more of the foregoing offenses.
Further, the board of education | 36 |
| shall not knowingly employ a person who has
been found to be |
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SB2946 |
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LRB094 19102 NHT 54617 b |
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| 1 |
| the perpetrator of sexual or physical abuse of any minor under
| 2 |
| 18 years of age pursuant to proceedings under Article II of the | 3 |
| Juvenile Court
Act of 1987.
| 4 |
| (d) The board of education shall not knowingly employ a | 5 |
| person for whom
a criminal history records check and a | 6 |
| Statewide Sex Offender Database check has not been initiated. | 7 |
| Before the beginning of the 2007-2008 school year, all | 8 |
| employees of the school district, whether certified or | 9 |
| noncertified, must have a criminal history records check and a | 10 |
| check of the Statewide Sex Offender Database performed in the | 11 |
| same manner as for applicants for employment under this | 12 |
| Section.
| 13 |
| (e) Upon receipt of the record of a conviction of or a | 14 |
| finding of child
abuse by a holder of any
certificate issued | 15 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 16 |
| Code, the board of education or the State Superintendent of
| 17 |
| Education shall initiate the certificate suspension and | 18 |
| revocation
proceedings authorized by law.
| 19 |
| (f) After March 19, 1990, the provisions of this Section | 20 |
| shall apply to
all employees of persons or firms holding | 21 |
| contracts with any school district
including, but not limited | 22 |
| to, food service workers, school bus drivers and
other | 23 |
| transportation employees, who have direct, daily contact with | 24 |
| the
pupils of any school in such district. For purposes of | 25 |
| criminal history records checks and checks of the Statewide Sex | 26 |
| Offender Database on employees of persons or firms holding | 27 |
| contracts with more
than one school district and assigned to | 28 |
| more than one school district, the
regional superintendent of | 29 |
| the educational service region in which the
contracting school | 30 |
| districts are located may, at the request of any such
school | 31 |
| district, be responsible for receiving the authorization for
a | 32 |
| criminal history records check prepared by each such employee | 33 |
| and submitting the same to the
Department of State Police and | 34 |
| for conducting a check of the Statewide Sex Offender Database | 35 |
| for each employee. Any information concerning the record of
| 36 |
| conviction and identification as a sex offender of any such |
|
|
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SB2946 |
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LRB094 19102 NHT 54617 b |
|
| 1 |
| employee obtained by the regional superintendent
shall be | 2 |
| promptly reported to the president of the appropriate school | 3 |
| board
or school boards.
| 4 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04; | 5 |
| 94-219, eff. 7-14-05; 94-556, eff. 9-11-05; revised 8-19-05.)
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|