Full Text of HB2982 101st General Assembly
HB2982enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-21.9 and 34-18.5 as follows:
| 6 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 7 | | Sec. 10-21.9. Criminal history records checks and checks of | 8 | | the Statewide Sex Offender Database and Statewide Murderer and | 9 | | Violent Offender Against Youth Database.
| 10 | | (a) Certified and noncertified applicants for employment | 11 | | with a school
district, except school bus driver applicants, | 12 | | are required as a condition
of employment to authorize a | 13 | | fingerprint-based criminal history records check to determine | 14 | | if such applicants have been convicted of any of
the enumerated | 15 | | criminal or drug offenses in subsection (c) of this Section or
| 16 | | have 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.
| 22 | | Authorization for
the check shall be furnished by the applicant | 23 | | to
the school district, except that if the applicant is a |
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| 1 | | substitute teacher
seeking employment in more than one school | 2 | | district, a teacher seeking
concurrent part-time employment | 3 | | positions with more than one school
district (as a reading | 4 | | specialist, special education teacher or otherwise),
or an | 5 | | educational support personnel employee seeking employment | 6 | | positions
with more than one district, any such district may | 7 | | require the applicant to
furnish authorization for
the check to | 8 | | the regional superintendent
of the educational service region | 9 | | in which are located the school districts
in which the | 10 | | applicant is seeking employment as a substitute or concurrent
| 11 | | part-time teacher or concurrent educational support personnel | 12 | | employee.
Upon receipt of this authorization, the school | 13 | | district or the appropriate
regional superintendent, as the | 14 | | case may be, shall submit the applicant's
name, sex, race, date | 15 | | of birth, social security number, fingerprint images, and other | 16 | | identifiers, as prescribed by the Department
of State Police, | 17 | | to the Department. The regional
superintendent submitting the | 18 | | requisite information to the Department of
State Police shall | 19 | | promptly notify the school districts in which the
applicant is | 20 | | seeking employment as a substitute or concurrent part-time
| 21 | | teacher or concurrent educational support personnel employee | 22 | | that
the
check of the applicant has been requested. The | 23 | | Department of State Police and the Federal Bureau of | 24 | | Investigation shall furnish, pursuant to a fingerprint-based | 25 | | criminal history records check, records of convictions, | 26 | | forever and hereinafter, until expunged, to the president of |
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| 1 | | the school board for the school district that requested the | 2 | | check, or to the regional superintendent who requested the | 3 | | check.
The
Department shall charge
the school district
or the | 4 | | appropriate regional superintendent a fee for
conducting
such | 5 | | check, which fee shall be deposited in the State
Police | 6 | | Services Fund and shall not exceed the cost of
the inquiry; and | 7 | | the
applicant shall not be charged a fee for
such check by the | 8 | | school
district or by the regional superintendent, except that | 9 | | those applicants seeking employment as a substitute teacher | 10 | | with a school district may be charged a fee not to exceed the | 11 | | cost of the inquiry. Subject to appropriations for these | 12 | | purposes, the State Superintendent of Education shall | 13 | | reimburse school districts and regional superintendents for | 14 | | fees paid to obtain criminal history records checks under this | 15 | | Section.
| 16 | | (a-5) The school district or regional superintendent shall | 17 | | further perform a check of the Statewide Sex Offender Database, | 18 | | as authorized by the Sex Offender Community Notification Law, | 19 | | for each applicant. | 20 | | (a-6) The school district or regional superintendent shall | 21 | | further perform a check of the Statewide Murderer and Violent | 22 | | Offender Against Youth Database, as authorized by the Murderer | 23 | | and Violent Offender Against Youth Community Notification Law, | 24 | | for each applicant. | 25 | | (b)
Any information
concerning the record of convictions | 26 | | obtained by the president of the
school board or the regional |
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| 1 | | superintendent shall be confidential and may
only be | 2 | | transmitted to the superintendent of the school district or his
| 3 | | designee, the appropriate regional superintendent if
the check | 4 | | was
requested by the school district, the presidents of the | 5 | | appropriate school
boards if
the check was requested from the | 6 | | Department of State
Police by the regional superintendent, the | 7 | | State Board of Education and a school district as authorized | 8 | | under subsection (b-5), the State Superintendent of
Education, | 9 | | the State Teacher Certification Board, any other person
| 10 | | necessary to the decision of hiring the applicant for | 11 | | employment, or for clarification purposes the Department of | 12 | | State Police or Statewide Sex Offender Database, or both. A | 13 | | copy
of the record of convictions obtained from the Department | 14 | | of State Police
shall be provided to the applicant for | 15 | | employment. Upon the check of the Statewide Sex Offender | 16 | | Database or Statewide Murderer and Violent Offender Against | 17 | | Youth Database , the school district or regional superintendent | 18 | | shall notify an applicant as to whether or not the applicant | 19 | | has been identified in the Database as a sex offender . If a | 20 | | check of
an applicant for employment as a substitute or | 21 | | concurrent part-time teacher
or concurrent educational support | 22 | | personnel employee in more than one
school district was | 23 | | requested by the regional superintendent, and the
Department of | 24 | | State Police upon a check ascertains that the applicant
has not | 25 | | been convicted of any of the enumerated criminal or drug | 26 | | offenses
in subsection (c) of this Section
or has not been |
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| 1 | | convicted, within 7 years of the
application for
employment | 2 | | with the
school district, of any other felony under the laws of | 3 | | this State or of any
offense committed or attempted in any | 4 | | other state or against the laws of
the United States that, if | 5 | | committed or attempted in this State, would
have been | 6 | | punishable as a felony under the laws of this State
and so | 7 | | notifies the regional
superintendent and if the regional | 8 | | superintendent upon a check ascertains that the applicant has | 9 | | not been identified in the Sex Offender Database or Statewide | 10 | | Murderer and Violent Offender Against Youth 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) of this Section
or has not been
| 16 | | convicted, within 7 years of the application for employment | 17 | | with the
school district, of any other felony under the laws of | 18 | | this State or of any
offense committed or attempted in any | 19 | | other state or against the laws of
the United States that, if | 20 | | committed or attempted in this State, would
have been | 21 | | punishable as a felony under the laws of this State and | 22 | | evidencing that as of the date that the regional superintendent | 23 | | conducted a check of the Statewide Sex Offender Database or | 24 | | Statewide Murderer and Violent Offender Against Youth | 25 | | Database , the applicant has not been identified in the Database | 26 | | as a sex offender . The school
board of
any
school district
may |
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| 1 | | rely on the
certificate issued by any regional superintendent | 2 | | to that substitute teacher, concurrent part-time teacher, or | 3 | | concurrent educational support personnel employee or may
| 4 | | initiate its own criminal history records check of the | 5 | | applicant through the Department of
State Police and its own | 6 | | check of the Statewide Sex Offender Database or Statewide | 7 | | Murderer and Violent Offender Against Youth Database as | 8 | | provided in this Section subsection (a) . Any unauthorized | 9 | | release of confidential information may be a violation of | 10 | | Section 7 of the Criminal Identification Act.
| 11 | | (b-5) If a criminal history records check or check of the | 12 | | Statewide Sex Offender Database or Statewide Murderer and | 13 | | Violent Offender Against Youth Database is performed by a | 14 | | regional superintendent for an applicant seeking employment as | 15 | | a substitute teacher with a school district, the regional | 16 | | superintendent may disclose to the State Board of Education | 17 | | whether the applicant has been issued a certificate under | 18 | | subsection (b) based on those checks. If the State Board | 19 | | receives information on an applicant under this subsection, | 20 | | then it must indicate in the Educator Licensure Information | 21 | | System for a 90-day period that the applicant has been issued | 22 | | or has not been issued a certificate. | 23 | | (c) No school board shall knowingly employ a person who has | 24 | | been
convicted of any offense that would subject him or her to | 25 | | license suspension or revocation pursuant to Section 21B-80 of | 26 | | this Code.
Further, no school board shall knowingly employ a |
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| 1 | | person who has been found
to be the perpetrator of sexual or | 2 | | physical abuse of any minor under 18 years
of age pursuant to | 3 | | proceedings under Article II of the Juvenile Court Act of
1987.
| 4 | | (d) No school board shall knowingly employ a person for | 5 | | whom a criminal
history records check and a Statewide Sex | 6 | | Offender Database check has not been initiated.
| 7 | | (e) Upon receipt of the record of a conviction of or a | 8 | | finding of child
abuse by a holder of any
certificate issued | 9 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 10 | | Code, the
State Superintendent of Education may initiate | 11 | | certificate suspension
and revocation proceedings as | 12 | | authorized by law.
| 13 | | (e-5) The superintendent of the employing school board | 14 | | shall, in writing, notify the State Superintendent of Education | 15 | | and the applicable regional superintendent of schools of any | 16 | | certificate holder whom he or she has reasonable cause to | 17 | | believe has committed an intentional act of abuse or neglect | 18 | | with the result of making a child an abused child or a | 19 | | neglected child, as defined in Section 3 of the Abused and | 20 | | Neglected Child Reporting Act, and that act resulted in the | 21 | | certificate holder's dismissal or resignation from the school | 22 | | district. This notification must be submitted within 30 days | 23 | | after the dismissal or resignation. The certificate holder must | 24 | | also be contemporaneously sent a copy of the notice by the | 25 | | superintendent. All correspondence, documentation, and other | 26 | | information so received by the regional superintendent of |
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| 1 | | schools, the State Superintendent of Education, the State Board | 2 | | of Education, or the State Teacher Certification Board under | 3 | | this subsection (e-5) is confidential and must not be disclosed | 4 | | to third parties, except (i) as necessary for the State | 5 | | Superintendent of Education or his or her designee to | 6 | | investigate and prosecute pursuant to Article 21 of this Code, | 7 | | (ii) pursuant to a court order, (iii) for disclosure to the | 8 | | certificate holder or his or her representative, or (iv) as | 9 | | otherwise provided in this Article and provided that any such | 10 | | information admitted into evidence in a hearing is exempt from | 11 | | this confidentiality and non-disclosure requirement. Except | 12 | | for an act of willful or wanton misconduct, any superintendent | 13 | | who provides notification as required in this subsection (e-5) | 14 | | shall have immunity from any liability, whether civil or | 15 | | criminal or that otherwise might result by reason of such | 16 | | action. | 17 | | (f) After January 1, 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 |
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| 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 | | (f-5) Upon request of a school or school district, any | 13 | | information obtained by a school district pursuant to | 14 | | subsection (f) of this Section within the last year must be | 15 | | made available to the requesting school or school district. | 16 | | (g) Prior to the commencement of any student teaching | 17 | | experience or required internship (which is referred to as | 18 | | student teaching in this Section) in the public schools, a | 19 | | student teacher is required to authorize a fingerprint-based | 20 | | criminal history records check. Authorization for and payment | 21 | | of the costs of the check must be furnished by the student | 22 | | teacher to the school district where the student teaching is to | 23 | | be completed. Upon receipt of this authorization and payment, | 24 | | the school district shall submit the student teacher's name, | 25 | | sex, race, date of birth, social security number, fingerprint | 26 | | images, and other identifiers, as prescribed by the Department |
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| 1 | | of State Police, to the Department of State Police. The | 2 | | Department of State Police and the Federal Bureau of | 3 | | Investigation shall furnish, pursuant to a fingerprint-based | 4 | | criminal history records check, records of convictions, | 5 | | forever and hereinafter, until expunged, to the president of | 6 | | the school board for the school district that requested the | 7 | | check. The Department shall charge the school district a fee | 8 | | for conducting the check, which fee must not exceed the cost of | 9 | | the inquiry and must be deposited into the State Police | 10 | | Services Fund. The school district shall further perform a | 11 | | check of the Statewide Sex Offender Database, as authorized by | 12 | | the Sex Offender Community Notification Law, and of the | 13 | | Statewide Murderer and Violent Offender Against Youth | 14 | | Database, as authorized by the Murderer and Violent Offender | 15 | | Against Youth Registration Act, for each student teacher. No | 16 | | school board may knowingly allow a person to student teach for | 17 | | whom a criminal history records check, a Statewide Sex Offender | 18 | | Database check, and a Statewide Murderer and Violent Offender | 19 | | Against Youth Database check have not been completed and | 20 | | reviewed by the district. | 21 | | A copy of the record of convictions obtained from the | 22 | | Department of State Police must be provided to the student | 23 | | teacher. Any information concerning the record of convictions | 24 | | obtained by the president of the school board is confidential | 25 | | and may only be transmitted to the superintendent of the school | 26 | | district or his or her designee, the State Superintendent of |
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| 1 | | Education, the State Educator Preparation and Licensure Board, | 2 | | or, for clarification purposes, the Department of State Police | 3 | | or the Statewide Sex Offender Database or Statewide Murderer | 4 | | and Violent Offender Against Youth Database. Any unauthorized | 5 | | release of confidential information may be a violation of | 6 | | Section 7 of the Criminal Identification Act. | 7 | | No school board may knowingly allow a person to student | 8 | | teach who has been convicted of any offense that would subject | 9 | | him or her to license suspension or revocation pursuant to | 10 | | Section 21B-80 of this Code or who has been found to be the | 11 | | perpetrator of sexual or physical abuse of a minor under 18 | 12 | | years of age pursuant to proceedings under Article II of the | 13 | | Juvenile Court Act of 1987. | 14 | | (h) (Blank). | 15 | | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
| 16 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 17 | | Sec. 34-18.5. Criminal history records checks and checks of | 18 | | the Statewide Sex Offender Database and Statewide Murderer and | 19 | | Violent Offender Against Youth Database. | 20 | | (a) Certified and noncertified applicants for
employment | 21 | | with the school district are required as a condition of
| 22 | | employment to authorize a fingerprint-based criminal history | 23 | | records check to determine if such applicants
have been | 24 | | convicted of any of the enumerated criminal or drug offenses in
| 25 | | subsection (c) of this Section or have been
convicted, within 7 |
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| 1 | | years of the application for employment with the
school | 2 | | district, of any other felony under the laws of this State or | 3 | | of any
offense committed or attempted in any other state or | 4 | | against the laws of
the United States that, if committed or | 5 | | attempted in this State, would
have been punishable as a felony | 6 | | under the laws of this State. Authorization
for
the
check shall
| 7 | | be furnished by the applicant to the school district, except | 8 | | that if the
applicant is a substitute teacher seeking | 9 | | employment in more than one
school district, or a teacher | 10 | | seeking concurrent part-time employment
positions with more | 11 | | than one school district (as a reading specialist,
special | 12 | | education teacher or otherwise), or an educational support
| 13 | | personnel employee seeking employment positions with more than | 14 | | one
district, any such district may require the applicant to | 15 | | furnish
authorization for
the check to the regional | 16 | | superintendent of the
educational service region in which are | 17 | | located the school districts in
which the applicant is seeking | 18 | | employment as a substitute or concurrent
part-time teacher or | 19 | | concurrent educational support personnel employee.
Upon | 20 | | receipt of this authorization, the school district or the | 21 | | appropriate
regional superintendent, as the case may be, shall | 22 | | submit the applicant's
name, sex, race, date of birth, social | 23 | | security number, fingerprint images, and other identifiers, as | 24 | | prescribed by the Department
of State Police, to the | 25 | | Department. The regional
superintendent submitting the | 26 | | requisite information to the Department of
State Police shall |
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| 1 | | promptly notify the school districts in which the
applicant is | 2 | | seeking employment as a substitute or concurrent part-time
| 3 | | teacher or concurrent educational support personnel employee | 4 | | that
the
check of the applicant has been requested. The | 5 | | Department of State
Police and the Federal Bureau of | 6 | | Investigation shall furnish, pursuant to a fingerprint-based | 7 | | criminal history records check, records of convictions, | 8 | | forever and hereinafter, until expunged, to the president of | 9 | | the school board for the school district that requested the | 10 | | check, or to the regional superintendent who requested the | 11 | | check. The
Department shall charge
the school district
or the | 12 | | appropriate regional superintendent a fee for
conducting
such | 13 | | check, which fee shall be deposited in the State
Police | 14 | | Services Fund and shall not exceed the cost of the inquiry; and | 15 | | the
applicant shall not be charged a fee for
such check by the | 16 | | school
district or by the regional superintendent. Subject to | 17 | | appropriations for these purposes, the State Superintendent of | 18 | | Education shall reimburse the school district and regional | 19 | | superintendent for fees paid to obtain criminal history records | 20 | | checks under this Section. | 21 | | (a-5) The school district or regional superintendent shall | 22 | | further perform a check of the Statewide Sex Offender Database, | 23 | | as authorized by the Sex Offender Community Notification Law, | 24 | | for each applicant. | 25 | | (a-6) The school district or regional superintendent shall | 26 | | further perform a check of the Statewide Murderer and Violent |
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| 1 | | Offender Against Youth Database, as authorized by the Murderer | 2 | | and Violent Offender Against Youth Community Notification Law, | 3 | | for each applicant. | 4 | | (b) Any
information concerning the record of convictions | 5 | | obtained by the president
of the board of education or the | 6 | | regional superintendent shall be
confidential and may only be | 7 | | transmitted to the general superintendent of
the school | 8 | | district or his designee, the appropriate regional
| 9 | | superintendent if
the check was requested by the board of | 10 | | education
for the school district, the presidents of the | 11 | | appropriate board of
education or school boards if
the check | 12 | | was requested from the
Department of State Police by the | 13 | | regional superintendent, the State Board of Education and the | 14 | | school district as authorized under subsection (b-5), the State
| 15 | | Superintendent of Education, the State Teacher Certification | 16 | | Board or any
other person necessary to the decision of hiring | 17 | | the applicant for
employment. A copy of the record of | 18 | | convictions obtained from the
Department of State Police shall | 19 | | be provided to the applicant for
employment. Upon the check of | 20 | | the Statewide Sex Offender Database or Statewide Murderer and | 21 | | Violent Offender Against Youth Database , the school district or | 22 | | regional superintendent shall notify an applicant as to whether | 23 | | or not the applicant has been identified in the Database as a | 24 | | sex offender . If a check of an applicant for employment as a
| 25 | | substitute or concurrent part-time teacher or concurrent | 26 | | educational
support personnel employee in more than one school |
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| 1 | | district was requested
by the regional superintendent, and the | 2 | | Department of State Police upon
a check ascertains that the | 3 | | applicant has not been convicted of any
of the enumerated | 4 | | criminal or drug offenses in subsection (c) of this Section
or | 5 | | has not been
convicted,
within 7 years of the application for | 6 | | employment with the
school district, of any other felony under | 7 | | the laws of this State or of any
offense committed or attempted | 8 | | in any other state or against the laws of
the United States | 9 | | that, if committed or attempted in this State, would
have been | 10 | | punishable as a felony under the laws of this State and so
| 11 | | notifies the regional superintendent and if the regional | 12 | | superintendent upon a check ascertains that the applicant has | 13 | | not been identified in the Sex Offender Database or Statewide | 14 | | Murderer and Violent Offender Against Youth Database as a sex | 15 | | offender , then the regional superintendent
shall issue to the | 16 | | applicant a certificate evidencing that as of the date
| 17 | | specified by the Department of State Police the applicant has | 18 | | not been
convicted of any of the enumerated criminal or drug | 19 | | offenses in subsection
(c) of this Section
or has not been
| 20 | | convicted, within 7 years of the application for employment | 21 | | with the
school district, of any other felony under the laws of | 22 | | this State or of any
offense committed or attempted in any | 23 | | other state or against the laws of
the United States that, if | 24 | | committed or attempted in this State, would
have been | 25 | | punishable as a felony under the laws of this State and | 26 | | evidencing that as of the date that the regional superintendent |
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| 1 | | conducted a check of the Statewide Sex Offender Database or | 2 | | Statewide Murderer and Violent Offender Against Youth | 3 | | Database , the applicant has not been identified in the Database | 4 | | as a sex offender . The school
board of any school district may | 5 | | rely on the certificate issued by any regional
superintendent | 6 | | to that substitute teacher, concurrent part-time teacher, or | 7 | | concurrent educational support personnel employee
or may | 8 | | initiate its own criminal history records check of
the | 9 | | applicant through the Department of State Police and its own | 10 | | check of the Statewide Sex Offender Database or Statewide | 11 | | Murderer and Violent Offender Against Youth Database as | 12 | | provided in this Section
subsection (a) . Any unauthorized | 13 | | release of confidential information may be a violation of | 14 | | Section 7 of the Criminal Identification Act. | 15 | | (b-5) If a criminal history records check or check of the | 16 | | Statewide Sex Offender Database or Statewide Murderer and | 17 | | Violent Offender Against Youth Database is performed by a | 18 | | regional superintendent for an applicant seeking employment as | 19 | | a substitute teacher with the school district, the regional | 20 | | superintendent may disclose to the State Board of Education | 21 | | whether the applicant has been issued a certificate under | 22 | | subsection (b) based on those checks. If the State Board | 23 | | receives information on an applicant under this subsection, | 24 | | then it must indicate in the Educator Licensure Information | 25 | | System for a 90-day period that the applicant has been issued | 26 | | or has not been issued a certificate. |
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| 1 | | (c) The board of education shall not knowingly employ a | 2 | | person who has
been convicted of any offense that would subject | 3 | | him or her to license suspension or revocation pursuant to | 4 | | Section 21B-80 of this Code.
Further, the board of education | 5 | | shall not knowingly employ a person who has
been found to be | 6 | | the perpetrator of sexual or physical abuse of any minor under
| 7 | | 18 years of age pursuant to proceedings under Article II of the | 8 | | Juvenile Court
Act of 1987. | 9 | | (d) The board of education shall not knowingly employ a | 10 | | person for whom
a criminal history records check and a | 11 | | Statewide Sex Offender Database check has not been initiated. | 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 State Superintendent of
Education may initiate | 16 | | certificate suspension and revocation
proceedings as | 17 | | authorized by law. | 18 | | (e-5) The general superintendent of schools shall, in | 19 | | writing, notify the State Superintendent of Education of any | 20 | | certificate holder whom he or she has reasonable cause to | 21 | | believe has committed an intentional act of abuse or neglect | 22 | | with the result of making a child an abused child or a | 23 | | neglected child, as defined in Section 3 of the Abused and | 24 | | Neglected Child Reporting Act, and that act resulted in the | 25 | | certificate holder's dismissal or resignation from the school | 26 | | district. This notification must be submitted within 30 days |
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| 1 | | after the dismissal or resignation. The certificate holder must | 2 | | also be contemporaneously sent a copy of the notice by the | 3 | | superintendent. All correspondence, documentation, and other | 4 | | information so received by the State Superintendent of | 5 | | Education, the State Board of Education, or the State Teacher | 6 | | Certification Board under this subsection (e-5) is | 7 | | confidential and must not be disclosed to third parties, except | 8 | | (i) as necessary for the State Superintendent of Education or | 9 | | his or her designee to investigate and prosecute pursuant to | 10 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 11 | | for disclosure to the certificate holder or his or her | 12 | | representative, or (iv) as otherwise provided in this Article | 13 | | and provided that any such information admitted into evidence | 14 | | in a hearing is exempt from this confidentiality and | 15 | | non-disclosure requirement. Except for an act of willful or | 16 | | wanton misconduct, any superintendent who provides | 17 | | notification as required in this subsection (e-5) shall have | 18 | | immunity from any liability, whether civil or criminal or that | 19 | | otherwise might result by reason of such action. | 20 | | (f) After March 19, 1990, the provisions of this Section | 21 | | shall apply to
all employees of persons or firms holding | 22 | | contracts with any school district
including, but not limited | 23 | | to, food service workers, school bus drivers and
other | 24 | | transportation employees, who have direct, daily contact with | 25 | | the
pupils of any school in such district. For purposes of | 26 | | criminal history records checks and checks of the Statewide Sex |
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| 1 | | Offender Database on employees of persons or firms holding | 2 | | contracts with more
than one school district and assigned to | 3 | | more than one school district, the
regional superintendent of | 4 | | the educational service region in which the
contracting school | 5 | | districts are located may, at the request of any such
school | 6 | | district, be responsible for receiving the authorization for
a | 7 | | criminal history records check prepared by each such employee | 8 | | and submitting the same to the
Department of State Police and | 9 | | for conducting a check of the Statewide Sex Offender Database | 10 | | for each employee. Any information concerning the record of
| 11 | | conviction and identification as a sex offender of any such | 12 | | employee obtained by the regional superintendent
shall be | 13 | | promptly reported to the president of the appropriate school | 14 | | board
or school boards. | 15 | | (f-5) Upon request of a school or school district, any | 16 | | information obtained by the school district pursuant to | 17 | | subsection (f) of this Section within the last year must be | 18 | | made available to the requesting school or school district. | 19 | | (g) Prior to the commencement of any student teaching | 20 | | experience or required internship (which is referred to as | 21 | | student teaching in this Section) in the public schools, a | 22 | | student teacher is required to authorize a fingerprint-based | 23 | | criminal history records check. Authorization for and payment | 24 | | of the costs of the check must be furnished by the student | 25 | | teacher to the school district. Upon receipt of this | 26 | | authorization and payment, the school district shall submit the |
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| 1 | | student teacher'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 Department | 4 | | of State Police. The Department of State Police and the Federal | 5 | | Bureau of Investigation shall furnish, pursuant to a | 6 | | fingerprint-based criminal history records check, records of | 7 | | convictions, forever and hereinafter, until expunged, to the | 8 | | president of the board. The Department shall charge the school | 9 | | district a fee for conducting the check, which fee must not | 10 | | exceed the cost of the inquiry and must be deposited into the | 11 | | State Police Services Fund. The school district shall further | 12 | | perform a check of the Statewide Sex Offender Database, as | 13 | | authorized by the Sex Offender Community Notification Law, and | 14 | | of the Statewide Murderer and Violent Offender Against Youth | 15 | | Database, as authorized by the Murderer and Violent Offender | 16 | | Against Youth Registration Act, for each student teacher. The | 17 | | board may not knowingly allow a person to student teach for | 18 | | whom a criminal history records check, a Statewide Sex Offender | 19 | | Database check, and a Statewide Murderer and Violent Offender | 20 | | Against Youth Database check have not been completed and | 21 | | reviewed by the district. | 22 | | A copy of the record of convictions obtained from the | 23 | | Department of State Police must be provided to the student | 24 | | teacher. Any information concerning the record of convictions | 25 | | obtained by the president of the board is confidential and may | 26 | | only be transmitted to the general superintendent of schools or |
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| 1 | | his or her designee, the State Superintendent of Education, the | 2 | | State Educator Preparation and Licensure Board, or, for | 3 | | clarification purposes, the Department of State Police or the | 4 | | Statewide Sex Offender Database or Statewide Murderer and | 5 | | Violent Offender Against Youth Database. Any unauthorized | 6 | | release of confidential information may be a violation of | 7 | | Section 7 of the Criminal Identification Act. | 8 | | The board may not knowingly allow a person to student teach | 9 | | who has been convicted of any offense that would subject him or | 10 | | her to license suspension or revocation pursuant to Section | 11 | | 21B-80 of this Code or who has been found to be the perpetrator | 12 | | of sexual or physical abuse of a minor under 18 years of age | 13 | | pursuant to proceedings under Article II of the Juvenile Court | 14 | | Act of 1987. | 15 | | (h) (Blank). | 16 | | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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