Full Text of SB3756 101st General Assembly
SB3756 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3756 Introduced 2/14/2020, by Sen. Scott M. Bennett SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-21.9 | from Ch. 122, par. 10-21.9 |
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Amends the School Code. Adds regional offices of education to provisions that require schools and school districts to make available any information obtained pursuant to a criminal history records check or a check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. Removes a provision that limits the information to checks performed within the last year and to checks performed under a specified provision. Effective immediately.
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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 Section | 5 | | 10-21.9 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) If permissible by federal or State law, no later than | 21 | | 15 business days after receipt of a record of conviction or of | 22 | | checking the Statewide Murderer and Violent Offender Against | 23 | | Youth Database or the Statewide Sex Offender Database and | 24 | | finding a registration, the superintendent of the employing | 25 | | school board or the applicable regional superintendent shall, | 26 | | in writing, notify the State Superintendent of Education of any |
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| 1 | | license holder who has been convicted of a crime set forth in | 2 | | Section 21B-80 of this Code. Upon receipt of the record of a | 3 | | conviction of or a finding of child
abuse by a holder of any | 4 | | license
issued pursuant to Article 21B or Section 34-8.1 or | 5 | | 34-83 of the
School Code, the
State Superintendent of Education | 6 | | may initiate licensure suspension
and revocation proceedings | 7 | | as authorized by law. If the receipt of the record of | 8 | | conviction or finding of child abuse is received within 6 | 9 | | months after the initial grant of or renewal of a license, the | 10 | | State Superintendent of Education may rescind the license | 11 | | holder's license.
| 12 | | (e-5) The superintendent of the employing school board | 13 | | shall, in writing, notify the State Superintendent of Education | 14 | | and the applicable regional superintendent of schools of any | 15 | | license holder whom he or she has reasonable cause to believe | 16 | | has committed an intentional act of abuse or neglect with the | 17 | | result of making a child an abused child or a neglected child, | 18 | | as defined in Section 3 of the Abused and Neglected Child | 19 | | Reporting Act, and that act resulted in the license holder's | 20 | | dismissal or resignation from the school district. This | 21 | | notification must be submitted within 30 days after the | 22 | | dismissal or resignation. The license holder must also be | 23 | | contemporaneously sent a copy of the notice by the | 24 | | superintendent. All correspondence, documentation, and other | 25 | | information so received by the regional superintendent of | 26 | | schools, the State Superintendent of Education, the State Board |
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| 1 | | of Education, or the State Educator Preparation and Licensure | 2 | | Board under this subsection (e-5) is confidential and must not | 3 | | be disclosed to third parties, except (i) as necessary for the | 4 | | State Superintendent of Education or his or her designee to | 5 | | investigate and prosecute pursuant to Article 21B of this Code, | 6 | | (ii) pursuant to a court order, (iii) for disclosure to the | 7 | | license holder or his or her representative, or (iv) as | 8 | | otherwise provided in this Article and provided that any such | 9 | | information admitted into evidence in a hearing is exempt from | 10 | | this confidentiality and non-disclosure requirement. Except | 11 | | for an act of willful or wanton misconduct, any superintendent | 12 | | who provides notification as required in this subsection (e-5) | 13 | | shall have immunity from any liability, whether civil or | 14 | | criminal or that otherwise might result by reason of such | 15 | | action. | 16 | | (f) After January 1, 1990 the provisions of this Section | 17 | | shall apply
to all employees of persons or firms holding | 18 | | contracts with any school
district including, but not limited | 19 | | to, food service workers, school bus
drivers and other | 20 | | transportation employees, who have direct, daily contact
with | 21 | | the pupils of any school in such district. For purposes of | 22 | | criminal
history records checks and checks of the Statewide Sex | 23 | | Offender Database on employees of persons or firms holding
| 24 | | contracts with more than one school district and assigned to | 25 | | more than one
school district, the regional superintendent of | 26 | | the educational service
region in which the contracting school |
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| 1 | | districts are located may, at the
request of any such school | 2 | | district, be responsible for receiving the
authorization for
a | 3 | | criminal history records check prepared by each such employee | 4 | | and
submitting the same to the Department of State Police and | 5 | | for conducting a check of the Statewide Sex Offender Database | 6 | | for each employee. Any information
concerning the record of | 7 | | conviction and identification as a sex offender of any such | 8 | | employee obtained by the
regional superintendent shall be | 9 | | promptly reported to the president of the
appropriate school | 10 | | board or school boards.
| 11 | | (f-5) Upon request of a school , or school district, or | 12 | | regional office of education, any information obtained by a | 13 | | school district or regional office of education pursuant to | 14 | | subsection (f) of this Section within the last year must be | 15 | | made available to the requesting school , or school district , or | 16 | | regional office of education . | 17 | | (g) Prior to the commencement of any student teaching | 18 | | experience or required internship (which is referred to as | 19 | | student teaching in this Section) in the public schools, a | 20 | | student teacher is required to authorize a fingerprint-based | 21 | | criminal history records check. Authorization for and payment | 22 | | of the costs of the check must be furnished by the student | 23 | | teacher to the school district where the student teaching is to | 24 | | be completed. Upon receipt of this authorization and payment, | 25 | | the school district shall submit the student teacher's name, | 26 | | sex, race, date of birth, social security number, fingerprint |
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| 1 | | images, and other identifiers, as prescribed by the Department | 2 | | of State Police, to the Department of State Police. The | 3 | | Department of State Police and the Federal Bureau of | 4 | | Investigation shall furnish, pursuant to a fingerprint-based | 5 | | criminal history records check, records of convictions, | 6 | | forever and hereinafter, until expunged, to the president of | 7 | | the school board for the school district that requested the | 8 | | check. The Department shall charge the school district a fee | 9 | | for conducting the check, which fee must not exceed the cost of | 10 | | the inquiry and must be deposited into the State Police | 11 | | Services Fund. The school district shall further perform a | 12 | | check of the Statewide Sex Offender Database, as authorized by | 13 | | the Sex Offender Community Notification Law, and of the | 14 | | 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. No | 17 | | school board may 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 school board is confidential | 26 | | and may only be transmitted to the superintendent of the school |
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| 1 | | district or his or her designee, the State Superintendent of | 2 | | Education, the State Educator Preparation and Licensure Board, | 3 | | or, for clarification purposes, the Department of State Police | 4 | | or the Statewide Sex Offender Database or Statewide Murderer | 5 | | and 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 | | No school board shall knowingly allow a person to student | 9 | | teach who has been convicted of any offense that would subject | 10 | | him or her to license suspension or revocation pursuant to | 11 | | subsection (c) of Section 21B-80 of this Code, except as | 12 | | provided under subsection (b) of Section 21B-80. Further, no | 13 | | school board shall allow a person to student teach if he or she | 14 | | has been found to be the perpetrator of sexual or physical | 15 | | abuse of a minor under 18 years of age pursuant to proceedings | 16 | | under Article II of the Juvenile Court Act of 1987. Each school | 17 | | board must consider the status of a person to student teach who | 18 | | has been issued an indicated finding of abuse or neglect of a | 19 | | child by the Department of Children and Family Services under | 20 | | the Abused and Neglected Child Reporting Act or by a child | 21 | | welfare agency of another jurisdiction. | 22 | | (h) (Blank). | 23 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 24 | | revised 12-3-19.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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