Full Text of SB3601 101st General Assembly
SB3601 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3601 Introduced 2/14/2020, by Sen. Iris Y. Martinez SYNOPSIS AS INTRODUCED: |
| 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. Within 10 days after a superintendent, regional office of education, or entity that provides background checks of license holders to public schools receives information of a pending criminal charge against a license holder for certain offenses, requires the superintendent, regional office of education, or entity to notify the State Superintendent of Education of the pending criminal charge. Effective July 1, 2020.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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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) Licensed and nonlicensed 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 disqualifying, | 15 | | enumerated criminal or drug offenses in subsection (c) of this | 16 | | Section or
have been convicted, within 7 years of the | 17 | | application for employment with
the
school district, of any | 18 | | other felony under the laws of this State or of any
offense | 19 | | committed or attempted in any other state or against the laws | 20 | | of
the United States that, if committed or attempted in this | 21 | | State, would
have been punishable as a felony under the laws of | 22 | | this State.
Authorization for
the check shall be furnished by | 23 | | the applicant to
the school district, except that if the |
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| 1 | | applicant is a substitute teacher
seeking employment in more | 2 | | than one school district, a teacher seeking
concurrent | 3 | | part-time employment positions with more than one school
| 4 | | district (as a reading specialist, special education teacher or | 5 | | otherwise),
or an educational support personnel employee | 6 | | seeking employment positions
with more than one district, any | 7 | | such district may require the applicant to
furnish | 8 | | authorization for
the check to the regional superintendent
of | 9 | | the educational service region in which are located the school | 10 | | districts
in which the applicant is seeking employment as a | 11 | | substitute or concurrent
part-time teacher or concurrent | 12 | | educational support personnel employee.
Upon receipt of this | 13 | | authorization, the school district or the appropriate
regional | 14 | | superintendent, as the case may be, shall submit the | 15 | | applicant's
name, sex, race, date of birth, social security | 16 | | number, fingerprint images, and other identifiers, as | 17 | | prescribed by the Department
of State Police, to the | 18 | | Department. The regional
superintendent submitting the | 19 | | requisite information to the Department of
State Police shall | 20 | | promptly notify the school districts in which the
applicant is | 21 | | seeking employment as a substitute or concurrent part-time
| 22 | | teacher or concurrent educational support personnel employee | 23 | | that
the
check of the applicant has been requested. The | 24 | | Department of State Police and the Federal Bureau of | 25 | | Investigation shall furnish, pursuant to a fingerprint-based | 26 | | criminal history records check, records of convictions, |
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| 1 | | forever and hereinafter, until expunged, to the president of | 2 | | the school board for the school district that requested the | 3 | | check, or to the regional superintendent who requested the | 4 | | check.
The
Department shall charge
the school district
or the | 5 | | appropriate regional superintendent a fee for
conducting
such | 6 | | check, which fee shall be deposited in the State
Police | 7 | | Services Fund and shall not exceed the cost of
the inquiry; and | 8 | | the
applicant shall not be charged a fee for
such check by the | 9 | | school
district or by the regional superintendent, except that | 10 | | those applicants seeking employment as a substitute teacher | 11 | | with a school district may be charged a fee not to exceed the | 12 | | cost of the inquiry. Subject to appropriations for these | 13 | | purposes, the State Superintendent of Education shall | 14 | | reimburse school districts and regional superintendents for | 15 | | fees paid to obtain criminal history records checks under this | 16 | | Section.
| 17 | | (a-5) The school district or regional superintendent shall | 18 | | further perform a check of the Statewide Sex Offender Database, | 19 | | as authorized by the Sex Offender Community Notification Law, | 20 | | for each applicant. The check of the Statewide Sex Offender | 21 | | Database must be conducted by the school district or regional | 22 | | superintendent once for every 5 years that an applicant remains | 23 | | employed by the school district. | 24 | | (a-6) The school district or regional superintendent shall | 25 | | further perform a check of the Statewide Murderer and Violent | 26 | | Offender Against Youth Database, as authorized by the Murderer |
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| 1 | | and Violent Offender Against Youth Community Notification Law, | 2 | | for each applicant. The check of the Murderer and Violent | 3 | | Offender Against Youth Database must be conducted by the school | 4 | | district or regional superintendent once for every 5 years that | 5 | | an applicant remains employed by the school district. | 6 | | (b)
Any information
concerning the record of convictions | 7 | | obtained by the president of the
school board or the regional | 8 | | superintendent shall be confidential and may
only be | 9 | | transmitted to the superintendent of the school district or his
| 10 | | designee, the appropriate regional superintendent if
the check | 11 | | was
requested by the school district, the presidents of the | 12 | | appropriate school
boards if
the check was requested from the | 13 | | Department of State
Police by the regional superintendent, the | 14 | | State Board of Education and a school district as authorized | 15 | | under subsection (b-5), the State Superintendent of
Education, | 16 | | the State Educator Preparation and Licensure Board, any other | 17 | | person
necessary to the decision of hiring the applicant for | 18 | | employment, or for clarification purposes the Department of | 19 | | State Police or Statewide Sex Offender Database, or both. A | 20 | | copy
of the record of convictions obtained from the Department | 21 | | of State Police
shall be provided to the applicant for | 22 | | employment. Upon the check of the Statewide Sex Offender | 23 | | Database or Statewide Murderer and Violent Offender Against | 24 | | Youth Database, the school district or regional superintendent | 25 | | shall notify an applicant as to whether or not the applicant | 26 | | has been identified in the Database. If a check of
an applicant |
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| 1 | | for employment as a substitute or concurrent part-time teacher
| 2 | | or concurrent educational support personnel employee in more | 3 | | than one
school district was requested by the regional | 4 | | superintendent, and the
Department of State Police upon a check | 5 | | ascertains that the applicant
has not been convicted of any of | 6 | | the enumerated criminal or drug offenses
in subsection (c) of | 7 | | this Section
or has not been convicted, within 7 years of the
| 8 | | application for
employment with the
school district, of any | 9 | | other felony under the laws of this State or of any
offense | 10 | | committed or attempted in any other state or against the laws | 11 | | of
the United States that, if committed or attempted in this | 12 | | State, would
have been punishable as a felony under the laws of | 13 | | this State
and so notifies the regional
superintendent and if | 14 | | the regional superintendent upon a check ascertains that the | 15 | | applicant has not been identified in the Sex Offender Database | 16 | | or Statewide Murderer and Violent Offender Against Youth | 17 | | Database, then the
regional superintendent shall issue to the | 18 | | applicant a certificate
evidencing that as of the date | 19 | | specified by the Department of State Police
the applicant has | 20 | | not been convicted of any of the enumerated criminal or
drug | 21 | | offenses in subsection (c) of this Section
or has not been
| 22 | | convicted, within 7 years of the application for employment | 23 | | with the
school district, of any other felony under the laws of | 24 | | this State or of any
offense committed or attempted in any | 25 | | other state or against the laws of
the United States that, if | 26 | | committed or attempted in this State, would
have been |
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| 1 | | punishable as a felony under the laws of this State and | 2 | | evidencing that as of the date that the regional superintendent | 3 | | conducted a check of the Statewide Sex Offender Database or | 4 | | Statewide Murderer and Violent Offender Against Youth | 5 | | Database, the applicant has not been identified in the | 6 | | Database. The school
board of
any
school district
may rely on | 7 | | the
certificate issued by any regional superintendent to that | 8 | | substitute teacher, concurrent part-time teacher, or | 9 | | concurrent educational support personnel employee or may
| 10 | | initiate its own criminal history records check of the | 11 | | applicant through the Department of
State Police and its own | 12 | | check of the Statewide Sex Offender Database or Statewide | 13 | | Murderer and Violent Offender Against Youth Database as | 14 | | provided in this Section. Any unauthorized release of | 15 | | confidential information may be a violation of Section 7 of the | 16 | | Criminal Identification Act.
| 17 | | (b-5) If a criminal history records check or check of the | 18 | | Statewide Sex Offender Database or Statewide Murderer and | 19 | | Violent Offender Against Youth Database is performed by a | 20 | | regional superintendent for an applicant seeking employment as | 21 | | a substitute teacher with a school district, the regional | 22 | | superintendent may disclose to the State Board of Education | 23 | | whether the applicant has been issued a certificate under | 24 | | subsection (b) based on those checks. If the State Board | 25 | | receives information on an applicant under this subsection, | 26 | | then it must indicate in the Educator Licensure Information |
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| 1 | | System for a 90-day period that the applicant has been issued | 2 | | or has not been issued a certificate. | 3 | | (c) No school board shall knowingly employ a person who has | 4 | | been
convicted of any offense that would subject him or her to | 5 | | license suspension or revocation pursuant to Section 21B-80 of | 6 | | this Code, except as provided under subsection (b) of Section | 7 | | 21B-80.
Further, no school board shall knowingly employ a | 8 | | person who has been found
to be the perpetrator of sexual or | 9 | | physical abuse of any minor under 18 years
of age pursuant to | 10 | | proceedings under Article II of the Juvenile Court Act of
1987. | 11 | | As a condition of employment, each school board must consider | 12 | | the status of a person who has been issued an indicated finding | 13 | | of abuse or neglect of a child by the Department of Children | 14 | | and Family Services under the Abused and Neglected Child | 15 | | Reporting Act or by a child welfare agency of another | 16 | | jurisdiction.
| 17 | | (d) No school board shall knowingly employ a person for | 18 | | whom a criminal
history records check and a Statewide Sex | 19 | | Offender Database check have has not been initiated.
| 20 | | (e) Within 10 days after a superintendent, regional office | 21 | | of education, or entity that provides background checks of | 22 | | license holders to public schools receives information of a | 23 | | pending criminal charge against a license holder for an offense | 24 | | set forth in Section 21B-80 of this Code, the superintendent, | 25 | | regional office of education, or entity must notify the State | 26 | | Superintendent of Education of the pending criminal charge. |
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| 1 | | If permissible by federal or State law, no later than 15 | 2 | | business days after receipt of a record of conviction or of | 3 | | checking the Statewide Murderer and Violent Offender Against | 4 | | Youth Database or the Statewide Sex Offender Database and | 5 | | finding a registration, the superintendent of the employing | 6 | | school board or the applicable regional superintendent shall, | 7 | | in writing, notify the State Superintendent of Education of any | 8 | | license holder who has been convicted of a crime set forth in | 9 | | Section 21B-80 of this Code. Upon receipt of the record of a | 10 | | conviction of or a finding of child
abuse by a holder of any | 11 | | license
issued pursuant to Article 21B or Section 34-8.1 or | 12 | | 34-83 of the
School Code, the
State Superintendent of Education | 13 | | may initiate licensure suspension
and revocation proceedings | 14 | | as authorized by law. If the receipt of the record of | 15 | | conviction or finding of child abuse is received within 6 | 16 | | months after the initial grant of or renewal of a license, the | 17 | | State Superintendent of Education may rescind the license | 18 | | holder's license.
| 19 | | (e-5) The superintendent of the employing school board | 20 | | shall, in writing, notify the State Superintendent of Education | 21 | | and the applicable regional superintendent of schools of any | 22 | | license holder whom he or she has reasonable cause to believe | 23 | | has committed an intentional act of abuse or neglect with the | 24 | | result of making a child an abused child or a neglected child, | 25 | | as defined in Section 3 of the Abused and Neglected Child | 26 | | Reporting Act, and that act resulted in the license holder's |
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| 1 | | dismissal or resignation from the school district. This | 2 | | notification must be submitted within 30 days after the | 3 | | dismissal or resignation. The license holder must also be | 4 | | contemporaneously sent a copy of the notice by the | 5 | | superintendent. All correspondence, documentation, and other | 6 | | information so received by the regional superintendent of | 7 | | schools, the State Superintendent of Education, the State Board | 8 | | of Education, or the State Educator Preparation and Licensure | 9 | | Board under this subsection (e-5) is confidential and must not | 10 | | be disclosed to third parties, except (i) as necessary for the | 11 | | State Superintendent of Education or his or her designee to | 12 | | investigate and prosecute pursuant to Article 21B of this Code, | 13 | | (ii) pursuant to a court order, (iii) for disclosure to the | 14 | | license holder or his or her representative, or (iv) as | 15 | | otherwise provided in this Article and provided that any such | 16 | | information admitted into evidence in a hearing is exempt from | 17 | | this confidentiality and non-disclosure requirement. Except | 18 | | for an act of willful or wanton misconduct, any superintendent | 19 | | who provides notification as required in this subsection (e-5) | 20 | | shall have immunity from any liability, whether civil or | 21 | | criminal or that otherwise might result by reason of such | 22 | | action. | 23 | | (f) After January 1, 1990 the provisions of this Section | 24 | | shall apply
to all employees of persons or firms holding | 25 | | contracts with any school
district including, but not limited | 26 | | to, food service workers, school bus
drivers and other |
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| 1 | | transportation employees, who have direct, daily contact
with | 2 | | the pupils of any school in such district. For purposes of | 3 | | criminal
history records checks and checks of the Statewide Sex | 4 | | Offender Database on employees of persons or firms holding
| 5 | | contracts with more than one school district and assigned to | 6 | | more than one
school district, the regional superintendent of | 7 | | the educational service
region in which the contracting school | 8 | | districts are located may, at the
request of any such school | 9 | | district, be responsible for receiving the
authorization for
a | 10 | | criminal history records check prepared by each such employee | 11 | | and
submitting the same to the Department of State Police and | 12 | | for conducting a check of the Statewide Sex Offender Database | 13 | | for each employee. Any information
concerning the record of | 14 | | conviction and identification as a sex offender of any such | 15 | | employee obtained by the
regional superintendent shall be | 16 | | promptly reported to the president of the
appropriate school | 17 | | board or school boards.
| 18 | | (f-5) Upon request of a school or school district, any | 19 | | information obtained by a school district pursuant to | 20 | | subsection (f) of this Section within the last year must be | 21 | | made available to the requesting school or school district. | 22 | | (g) Prior to the commencement of any student teaching | 23 | | experience or required internship (which is referred to as | 24 | | student teaching in this Section) in the public schools, a | 25 | | student teacher is required to authorize a fingerprint-based | 26 | | criminal history records check. Authorization for and payment |
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| 1 | | of the costs of the check must be furnished by the student | 2 | | teacher to the school district where the student teaching is to | 3 | | be completed. Upon receipt of this authorization and payment, | 4 | | the school district shall submit the student teacher's name, | 5 | | sex, race, date of birth, social security number, fingerprint | 6 | | images, and other identifiers, as prescribed by the Department | 7 | | of State Police, to the Department of State Police. The | 8 | | Department of State Police and the Federal Bureau of | 9 | | Investigation shall furnish, pursuant to a fingerprint-based | 10 | | criminal history records check, records of convictions, | 11 | | forever and hereinafter, until expunged, to the president of | 12 | | the school board for the school district that requested the | 13 | | check. The Department shall charge the school district a fee | 14 | | for conducting the check, which fee must not exceed the cost of | 15 | | the inquiry and must be deposited into the State Police | 16 | | Services Fund. The school district shall further perform a | 17 | | check of the Statewide Sex Offender Database, as authorized by | 18 | | the Sex Offender Community Notification Law, and of the | 19 | | Statewide Murderer and Violent Offender Against Youth | 20 | | Database, as authorized by the Murderer and Violent Offender | 21 | | Against Youth Registration Act, for each student teacher. No | 22 | | school board may knowingly allow a person to student teach for | 23 | | whom a criminal history records check, a Statewide Sex Offender | 24 | | Database check, and a Statewide Murderer and Violent Offender | 25 | | Against Youth Database check have not been completed and | 26 | | reviewed by the district. |
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| 1 | | A copy of the record of convictions obtained from the | 2 | | Department of State Police must be provided to the student | 3 | | teacher. Any information concerning the record of convictions | 4 | | obtained by the president of the school board is confidential | 5 | | and may only be transmitted to the superintendent of the school | 6 | | district or his or her designee, the State Superintendent of | 7 | | Education, the State Educator Preparation and Licensure Board, | 8 | | or, for clarification purposes, the Department of State Police | 9 | | or the Statewide Sex Offender Database or Statewide Murderer | 10 | | and Violent Offender Against Youth Database. Any unauthorized | 11 | | release of confidential information may be a violation of | 12 | | Section 7 of the Criminal Identification Act. | 13 | | No school board shall knowingly allow a person to student | 14 | | teach who has been convicted of any offense that would subject | 15 | | him or her to license suspension or revocation pursuant to | 16 | | subsection (c) of Section 21B-80 of this Code, except as | 17 | | provided under subsection (b) of Section 21B-80. Further, no | 18 | | school board shall allow a person to student teach if he or she | 19 | | has been found to be the perpetrator of sexual or physical | 20 | | abuse of a minor under 18 years of age pursuant to proceedings | 21 | | under Article II of the Juvenile Court Act of 1987. Each school | 22 | | board must consider the status of a person to student teach who | 23 | | has been issued an indicated finding of abuse or neglect of a | 24 | | child by the Department of Children and Family Services under | 25 | | the Abused and Neglected Child Reporting Act or by a child | 26 | | welfare agency of another jurisdiction. |
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| 1 | | (h) (Blank). | 2 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 3 | | revised 12-3-19.)
| 4 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 5 | | Sec. 34-18.5. Criminal history records checks and checks of | 6 | | the Statewide Sex Offender Database and Statewide Murderer and | 7 | | Violent Offender Against Youth Database. | 8 | | (a) Licensed and nonlicensed applicants for
employment | 9 | | with the school district are required as a condition of
| 10 | | employment to authorize a fingerprint-based criminal history | 11 | | records check to determine if such applicants
have been | 12 | | convicted of any disqualifying, enumerated criminal or drug | 13 | | offense offenses in
subsection (c) of this Section or have been
| 14 | | convicted, within 7 years of the application for employment | 15 | | with the
school district, of any other felony under the laws of | 16 | | this State or of any
offense committed or attempted in any | 17 | | other state or against the laws of
the United States that, if | 18 | | committed or attempted in this State, would
have been | 19 | | punishable as a felony under the laws of this State. | 20 | | Authorization
for
the
check shall
be furnished by the applicant | 21 | | to the school district, except that if the
applicant is a | 22 | | substitute teacher seeking employment in more than one
school | 23 | | district, or a teacher seeking concurrent part-time employment
| 24 | | positions with more than one school district (as a reading | 25 | | specialist,
special education teacher or otherwise), or an |
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| 1 | | educational support
personnel employee seeking employment | 2 | | positions with more than one
district, any such district may | 3 | | require the applicant to furnish
authorization for
the check to | 4 | | the regional superintendent of the
educational service region | 5 | | in which are located the school districts in
which the | 6 | | applicant is seeking employment as a substitute or concurrent
| 7 | | part-time teacher or concurrent educational support personnel | 8 | | employee.
Upon receipt of this authorization, the school | 9 | | district or the appropriate
regional superintendent, as the | 10 | | case may be, shall submit the applicant's
name, sex, race, date | 11 | | of birth, social security number, fingerprint images, and other | 12 | | identifiers, as prescribed by the Department
of State Police, | 13 | | to the Department. The regional
superintendent submitting the | 14 | | requisite information to the Department of
State Police shall | 15 | | promptly notify the school districts in which the
applicant is | 16 | | seeking employment as a substitute or concurrent part-time
| 17 | | teacher or concurrent educational support personnel employee | 18 | | that
the
check of the applicant has been requested. The | 19 | | Department of State
Police and the Federal Bureau of | 20 | | Investigation shall furnish, pursuant to a fingerprint-based | 21 | | criminal history records check, records of convictions, | 22 | | forever and hereinafter, until expunged, to the president of | 23 | | the school board for the school district that requested the | 24 | | check, or to the regional superintendent who requested the | 25 | | check. The
Department shall charge
the school district
or the | 26 | | appropriate regional superintendent a fee for
conducting
such |
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| 1 | | check, which fee shall be deposited in the State
Police | 2 | | Services Fund and shall not exceed the cost of the inquiry; and | 3 | | the
applicant shall not be charged a fee for
such check by the | 4 | | school
district or by the regional superintendent. Subject to | 5 | | appropriations for these purposes, the State Superintendent of | 6 | | Education shall reimburse the school district and regional | 7 | | superintendent for fees paid to obtain criminal history records | 8 | | checks under this Section. | 9 | | (a-5) The school district or regional superintendent shall | 10 | | further perform a check of the Statewide Sex Offender Database, | 11 | | as authorized by the Sex Offender Community Notification Law, | 12 | | for each applicant. The check of the Statewide Sex Offender | 13 | | Database must be conducted by the school district or regional | 14 | | superintendent once for every 5 years that an applicant remains | 15 | | employed by the school district. | 16 | | (a-6) The school district or regional superintendent shall | 17 | | further perform a check of the Statewide Murderer and Violent | 18 | | Offender Against Youth Database, as authorized by the Murderer | 19 | | and Violent Offender Against Youth Community Notification Law, | 20 | | for each applicant. The check of the Murderer and Violent | 21 | | Offender Against Youth Database must be conducted by the school | 22 | | district or regional superintendent once for every 5 years that | 23 | | an applicant remains employed by the school district. | 24 | | (b) Any
information concerning the record of convictions | 25 | | obtained by the president
of the board of education or the | 26 | | regional superintendent shall be
confidential and may only be |
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| 1 | | transmitted to the general superintendent of
the school | 2 | | district or his designee, the appropriate regional
| 3 | | superintendent if
the check was requested by the board of | 4 | | education
for the school district, the presidents of the | 5 | | appropriate board of
education or school boards if
the check | 6 | | was requested from the
Department of State Police by the | 7 | | regional superintendent, the State Board of Education and the | 8 | | school district as authorized under subsection (b-5), the State
| 9 | | Superintendent of Education, the State Educator Preparation | 10 | | and Licensure Board or any
other person necessary to the | 11 | | decision of hiring the applicant for
employment. A copy of the | 12 | | record of convictions obtained from the
Department of State | 13 | | Police shall be provided to the applicant for
employment. Upon | 14 | | the check of the Statewide Sex Offender Database or Statewide | 15 | | Murderer and Violent Offender Against Youth Database, the | 16 | | school district or regional superintendent shall notify an | 17 | | applicant as to whether or not the applicant has been | 18 | | identified in the Database. If a check of an applicant for | 19 | | employment as a
substitute or concurrent part-time teacher or | 20 | | concurrent educational
support personnel employee in more than | 21 | | one school district was requested
by the regional | 22 | | superintendent, and the Department of State Police upon
a check | 23 | | ascertains that the applicant has not been convicted of any
of | 24 | | the enumerated criminal or drug offenses in subsection (c) of | 25 | | this Section
or has not been
convicted,
within 7 years of the | 26 | | application for employment with the
school district, of any |
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| 1 | | other felony under the laws of this State or of any
offense | 2 | | committed or attempted in any other state or against the laws | 3 | | of
the United States that, if committed or attempted in this | 4 | | State, would
have been punishable as a felony under the laws of | 5 | | this State and so
notifies the regional superintendent and if | 6 | | the regional superintendent upon a check ascertains that the | 7 | | applicant has not been identified in the Sex Offender Database | 8 | | or Statewide Murderer and Violent Offender Against Youth | 9 | | Database, then the regional superintendent
shall issue to the | 10 | | applicant a certificate evidencing that as of the date
| 11 | | specified by the Department of State Police the applicant has | 12 | | not been
convicted of any of the enumerated criminal or drug | 13 | | offenses in subsection
(c) of this Section
or has not been
| 14 | | convicted, within 7 years of the application for employment | 15 | | with the
school district, of any other felony under the laws of | 16 | | this State or of any
offense committed or attempted in any | 17 | | other state or against the laws of
the United States that, if | 18 | | committed or attempted in this State, would
have been | 19 | | punishable as a felony under the laws of this State and | 20 | | evidencing that as of the date that the regional superintendent | 21 | | conducted a check of the Statewide Sex Offender Database or | 22 | | Statewide Murderer and Violent Offender Against Youth | 23 | | Database, the applicant has not been identified in the | 24 | | Database. The school
board of any school district may rely on | 25 | | the certificate issued by any regional
superintendent to that | 26 | | substitute teacher, concurrent part-time teacher, or |
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| 1 | | concurrent educational support personnel employee
or may | 2 | | initiate its own criminal history records check of
the | 3 | | applicant through the Department of State Police and its own | 4 | | check of the Statewide Sex Offender Database or Statewide | 5 | | Murderer and Violent Offender Against Youth Database as | 6 | | provided in
this Section. Any unauthorized release of | 7 | | confidential information may be a violation of Section 7 of the | 8 | | Criminal Identification Act. | 9 | | (b-5) If a criminal history records check or check of the | 10 | | Statewide Sex Offender Database or Statewide Murderer and | 11 | | Violent Offender Against Youth Database is performed by a | 12 | | regional superintendent for an applicant seeking employment as | 13 | | a substitute teacher with the school district, the regional | 14 | | superintendent may disclose to the State Board of Education | 15 | | whether the applicant has been issued a certificate under | 16 | | subsection (b) based on those checks. If the State Board | 17 | | receives information on an applicant under this subsection, | 18 | | then it must indicate in the Educator Licensure Information | 19 | | System for a 90-day period that the applicant has been issued | 20 | | or has not been issued a certificate. | 21 | | (c) The board of education shall not knowingly employ a | 22 | | person who has
been convicted of any offense that would subject | 23 | | him or her to license suspension or revocation pursuant to | 24 | | Section 21B-80 of this Code, except as provided under | 25 | | subsection (b) of 21B-80.
Further, the board of education shall | 26 | | not knowingly employ a person who has
been found to be the |
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| 1 | | 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. As a condition of employment, the | 4 | | board of education must consider the status of a person who has | 5 | | been issued an indicated finding of abuse or neglect of a child | 6 | | by the Department of Children and Family Services under the | 7 | | Abused and Neglected Child Reporting Act or by a child welfare | 8 | | agency of another jurisdiction. | 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 have has not been | 12 | | initiated. | 13 | | (e) Within 10 days after the general superintendent of | 14 | | schools, a regional office of education, or an entity that | 15 | | provides background checks of license holders to public schools | 16 | | receives information of a pending criminal charge against a | 17 | | license holder for an offense set forth in Section 21B-80 of | 18 | | this Code, the superintendent, regional office of education, or | 19 | | entity must notify the State Superintendent of Education of the | 20 | | pending criminal charge. | 21 | | No later than 15 business days after receipt of a record of | 22 | | conviction or of checking the Statewide Murderer and Violent | 23 | | Offender Against Youth Database or the Statewide Sex Offender | 24 | | Database and finding a registration, the general | 25 | | superintendent of schools or the applicable regional | 26 | | superintendent shall, in writing, notify the State |
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| 1 | | Superintendent of Education of any license holder who has been | 2 | | convicted of a crime set forth in Section 21B-80 of this Code. | 3 | | Upon receipt of the record of a conviction of or a finding of | 4 | | child
abuse by a holder of any license
issued pursuant to | 5 | | Article 21B or Section 34-8.1 or 34-83 of this the
School Code, | 6 | | the State Superintendent of
Education may initiate licensure | 7 | | suspension and revocation
proceedings as authorized by law. If | 8 | | the receipt of the record of conviction or finding of child | 9 | | abuse is received within 6 months after the initial grant of or | 10 | | renewal of a license, the State Superintendent of Education may | 11 | | rescind the license holder's license. | 12 | | (e-5) The general superintendent of schools shall, in | 13 | | writing, notify the State Superintendent of Education of any | 14 | | license holder whom he or she has reasonable cause to believe | 15 | | has committed an intentional act of abuse or neglect with the | 16 | | result of making a child an abused child or a neglected child, | 17 | | as defined in Section 3 of the Abused and Neglected Child | 18 | | Reporting Act, and that act resulted in the license holder's | 19 | | dismissal or resignation from the school district. This | 20 | | notification must be submitted within 30 days after the | 21 | | dismissal or resignation. The license holder must also be | 22 | | contemporaneously sent a copy of the notice by the | 23 | | superintendent. All correspondence, documentation, and other | 24 | | information so received by the State Superintendent of | 25 | | Education, the State Board of Education, or the State Educator | 26 | | Preparation and Licensure Board under this subsection (e-5) is |
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| 1 | | confidential and must not be disclosed to third parties, except | 2 | | (i) as necessary for the State Superintendent of Education or | 3 | | his or her designee to investigate and prosecute pursuant to | 4 | | Article 21B of this Code, (ii) pursuant to a court order, (iii) | 5 | | for disclosure to the license holder or his or her | 6 | | representative, or (iv) as otherwise provided in this Article | 7 | | and provided that any such information admitted into evidence | 8 | | in a hearing is exempt from this confidentiality and | 9 | | non-disclosure requirement. Except for an act of willful or | 10 | | wanton misconduct, any superintendent who provides | 11 | | notification as required in this subsection (e-5) shall have | 12 | | immunity from any liability, whether civil or criminal or that | 13 | | otherwise might result by reason of such action. | 14 | | (f) After March 19, 1990, the provisions of this Section | 15 | | shall apply to
all employees of persons or firms holding | 16 | | contracts with any school district
including, but not limited | 17 | | to, food service workers, school bus drivers and
other | 18 | | transportation employees, who have direct, daily contact with | 19 | | the
pupils of any school in such district. For purposes of | 20 | | criminal history records checks and checks of the Statewide Sex | 21 | | Offender Database on employees of persons or firms holding | 22 | | contracts with more
than one school district and assigned to | 23 | | more than one school district, the
regional superintendent of | 24 | | the educational service region in which the
contracting school | 25 | | districts are located may, at the request of any such
school | 26 | | district, be responsible for receiving the authorization for
a |
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| 1 | | criminal history records check prepared by each such employee | 2 | | and submitting the same to the
Department of State Police and | 3 | | for conducting a check of the Statewide Sex Offender Database | 4 | | for each employee. Any information concerning the record of
| 5 | | conviction and identification as a sex offender of any such | 6 | | employee obtained by the regional superintendent
shall be | 7 | | promptly reported to the president of the appropriate school | 8 | | board
or school boards. | 9 | | (f-5) Upon request of a school or school district, any | 10 | | information obtained by the school district pursuant to | 11 | | subsection (f) of this Section within the last year must be | 12 | | made available to the requesting school or school district. | 13 | | (g) Prior to the commencement of any student teaching | 14 | | experience or required internship (which is referred to as | 15 | | student teaching in this Section) in the public schools, a | 16 | | student teacher is required to authorize a fingerprint-based | 17 | | criminal history records check. Authorization for and payment | 18 | | of the costs of the check must be furnished by the student | 19 | | teacher to the school district. Upon receipt of this | 20 | | authorization and payment, the school district shall submit the | 21 | | student teacher'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 Department | 24 | | of State Police. The Department of State Police and the Federal | 25 | | Bureau of Investigation shall furnish, pursuant to a | 26 | | fingerprint-based criminal history records check, records of |
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| 1 | | convictions, forever and hereinafter, until expunged, to the | 2 | | president of the board. The Department shall charge the school | 3 | | district a fee for conducting the check, which fee must not | 4 | | exceed the cost of the inquiry and must be deposited into the | 5 | | State Police Services Fund. The school district shall further | 6 | | perform a check of the Statewide Sex Offender Database, as | 7 | | authorized by the Sex Offender Community Notification Law, and | 8 | | of the Statewide Murderer and Violent Offender Against Youth | 9 | | Database, as authorized by the Murderer and Violent Offender | 10 | | Against Youth Registration Act, for each student teacher. The | 11 | | board may not knowingly allow a person to student teach for | 12 | | whom a criminal history records check, a Statewide Sex Offender | 13 | | Database check, and a Statewide Murderer and Violent Offender | 14 | | Against Youth Database check have not been completed and | 15 | | reviewed by the district. | 16 | | A copy of the record of convictions obtained from the | 17 | | Department of State Police must be provided to the student | 18 | | teacher. Any information concerning the record of convictions | 19 | | obtained by the president of the board is confidential and may | 20 | | only be transmitted to the general superintendent of schools or | 21 | | his or her designee, the State Superintendent of Education, the | 22 | | State Educator Preparation and Licensure Board, or, for | 23 | | clarification purposes, the Department of State Police or the | 24 | | Statewide Sex Offender Database or Statewide Murderer and | 25 | | Violent Offender Against Youth Database. Any unauthorized | 26 | | release of confidential information may be a violation of |
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| 1 | | Section 7 of the Criminal Identification Act. | 2 | | The board may not knowingly allow a person to student teach | 3 | | who has been convicted of any offense that would subject him or | 4 | | her to license suspension or revocation pursuant to subsection | 5 | | (c) of Section 21B-80 of this Code, except as provided under | 6 | | subsection (b) of Section 21B-80. Further, the board may not | 7 | | allow a person to student teach if he or she has been found to | 8 | | be the perpetrator of sexual or physical abuse of a minor under | 9 | | 18 years of age pursuant to proceedings under Article II of the | 10 | | Juvenile Court Act of 1987. The board must consider the status | 11 | | of a person to student teach who has been issued an indicated | 12 | | finding of abuse or neglect of a child by the Department of | 13 | | Children and Family Services under the Abused and Neglected | 14 | | Child Reporting Act or by a child welfare agency of another | 15 | | jurisdiction. | 16 | | (h) (Blank). | 17 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 18 | | revised 9-19-19.)
| 19 | | Section 99. Effective date. This Act takes effect July 1, | 20 | | 2020.
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