Full Text of HB5863 096th General Assembly
HB5863ren 96TH 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 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 Child | 9 | | Murderer and 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, until | 26 | | expunged, to the president of the school board for the school |
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| 1 | | district that requested the check, or to the regional | 2 | | superintendent who requested the check.
The
Department shall | 3 | | charge
the school district
or the appropriate regional | 4 | | superintendent a fee for
conducting
such check, which fee shall | 5 | | be deposited in the State
Police Services Fund and shall not | 6 | | exceed the cost of
the inquiry; and the
applicant shall not be | 7 | | charged a fee for
such check by the school
district or by the | 8 | | regional superintendent , except that those applicants seeking | 9 | | employment as a substitute teacher with a school district may | 10 | | be charged a fee not to exceed the cost of the inquiry . Subject | 11 | | to appropriations for these purposes, the State Superintendent | 12 | | of Education shall reimburse school districts and regional | 13 | | superintendents for fees paid to obtain criminal history | 14 | | records checks under this Section. | 15 | | (a-5) The school district or regional superintendent shall | 16 | | further perform a check of the Statewide Sex Offender Database, | 17 | | as authorized by the Sex Offender Community Notification Law, | 18 | | for each applicant.
| 19 | | (a-6) The school district or regional superintendent shall | 20 | | further perform a check of the Statewide Child Murderer and | 21 | | Violent Offender Against Youth Database, as authorized by the | 22 | | Child Murderer and Violent Offender Against Youth Community | 23 | | Notification Law, for each applicant.
| 24 | | (b)
Any information
concerning the record of convictions | 25 | | obtained by the president of the
school board or the regional | 26 | | superintendent shall be confidential and may
only be |
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| 1 | | transmitted to the superintendent of the school district or his
| 2 | | designee, the appropriate regional superintendent if
the check | 3 | | was
requested by the school district, the presidents of the | 4 | | appropriate school
boards if
the check was requested from the | 5 | | Department of State
Police by the regional superintendent, the | 6 | | State Superintendent of
Education, the State Teacher | 7 | | Certification Board or any other person
necessary to the | 8 | | decision of hiring the applicant for employment. A copy
of the | 9 | | record of convictions obtained from the Department of State | 10 | | Police
shall be provided to the applicant for employment. Upon | 11 | | the check of the Statewide Sex Offender Database, the school | 12 | | district or regional superintendent shall notify an applicant | 13 | | as to whether or not the applicant has been identified in the | 14 | | Database as a sex offender. If a check of
an applicant for | 15 | | employment as a substitute or concurrent part-time teacher
or | 16 | | concurrent educational support personnel employee in more than | 17 | | one
school district was requested by the regional | 18 | | superintendent, and the
Department of State Police upon a check | 19 | | ascertains that the applicant
has not been convicted of any of | 20 | | the enumerated criminal or drug offenses
in subsection (c)
or | 21 | | has not been convicted, within 7 years of the
application for
| 22 | | employment with the
school district, of any other felony under | 23 | | the laws of this State or of any
offense committed or attempted | 24 | | in any other state or against the laws of
the United States | 25 | | that, if committed or attempted in this State, would
have been | 26 | | punishable as a felony under the laws of this State
and so |
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| 1 | | notifies the regional
superintendent and if the regional | 2 | | superintendent upon a check ascertains that the applicant has | 3 | | not been identified in the Sex Offender Database as a sex | 4 | | offender, then the
regional superintendent shall issue to the | 5 | | applicant a certificate
evidencing that as of the date | 6 | | specified by the Department of State Police
the applicant has | 7 | | not been convicted of any of the enumerated criminal or
drug | 8 | | offenses in subsection (c)
or has not been
convicted, within 7 | 9 | | years of the application for employment with the
school | 10 | | district, of any other felony under the laws of this State or | 11 | | of any
offense committed or attempted in any other state or | 12 | | against the laws of
the United States that, if committed or | 13 | | attempted in this State, would
have been punishable as a felony | 14 | | under the laws of this State and evidencing that as of the date | 15 | | that the regional superintendent conducted a check of the | 16 | | Statewide Sex Offender Database, the applicant has not been | 17 | | identified in the Database as a sex offender. The school
board | 18 | | of
any
school district
may rely on the
certificate issued by | 19 | | any regional superintendent to that substitute teacher, | 20 | | concurrent part-time teacher, or concurrent educational | 21 | | support personnel employee or may
initiate its own criminal | 22 | | history records check of the applicant through the Department | 23 | | of
State Police and its own check of the Statewide Sex Offender | 24 | | Database as provided in subsection (a). Any person who releases | 25 | | any
confidential information concerning any criminal | 26 | | convictions of an
applicant for employment shall be guilty of a |
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| 1 | | Class A misdemeanor, unless
the release of such information is | 2 | | authorized by this Section. | 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 | | certification suspension or revocation pursuant to Section | 6 | | 21-23a of this Code.
Further, no school board shall knowingly | 7 | | employ a person who has been found
to be the perpetrator of | 8 | | sexual or physical abuse of any minor under 18 years
of age | 9 | | pursuant to proceedings under Article II of the Juvenile Court | 10 | | Act of
1987. | 11 | | (d) No school board shall knowingly employ a person for | 12 | | whom a criminal
history records check and a Statewide Sex | 13 | | Offender Database check has not been initiated. | 14 | | (e) Upon receipt of the record of a conviction of or a | 15 | | finding of child
abuse by a holder of any
certificate issued | 16 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 17 | | Code, the
State Superintendent of Education may initiate | 18 | | certificate suspension
and revocation proceedings as | 19 | | authorized by law. | 20 | | (e-5) The superintendent of the employing school board | 21 | | shall, in writing, notify the State Superintendent of Education | 22 | | and the applicable regional superintendent of schools of any | 23 | | certificate holder whom he or she has reasonable cause to | 24 | | believe has committed an intentional act of abuse or neglect | 25 | | with the result of making a child an abused child or a | 26 | | neglected child, as defined in Section 3 of the Abused and |
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| 1 | | Neglected Child Reporting Act, and that act resulted in the | 2 | | certificate holder's dismissal or resignation from the school | 3 | | district. This notification must be submitted within 30 days | 4 | | after the dismissal or resignation. The certificate holder must | 5 | | also be contemporaneously sent a copy of the notice by the | 6 | | superintendent. All correspondence, documentation, and other | 7 | | information so received by the regional superintendent of | 8 | | schools, the State Superintendent of Education, the State Board | 9 | | of Education, or the State Teacher Certification Board under | 10 | | this subsection (e-5) is confidential and must not be disclosed | 11 | | to third parties, except (i) as necessary for the State | 12 | | Superintendent of Education or his or her designee to | 13 | | investigate and prosecute pursuant to Article 21 of this Code, | 14 | | (ii) pursuant to a court order, (iii) for disclosure to the | 15 | | certificate holder or his or her representative, or (iv) as | 16 | | otherwise provided in this Article and provided that any such | 17 | | information admitted into evidence in a hearing is exempt from | 18 | | this confidentiality and non-disclosure requirement. Except | 19 | | for an act of willful or wanton misconduct, any superintendent | 20 | | who provides notification as required in this subsection (e-5) | 21 | | shall have immunity from any liability, whether civil or | 22 | | criminal or that otherwise might result by reason of such | 23 | | action. | 24 | | (f) After January 1, 1990 the provisions of this Section | 25 | | shall apply
to all employees of persons or firms holding | 26 | | contracts with any school
district including, but not limited |
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| 1 | | to, food service workers, school bus
drivers and other | 2 | | transportation employees, who have direct, daily contact
with | 3 | | the pupils of any school in such district. For purposes of | 4 | | criminal
history records checks and checks of the Statewide Sex | 5 | | Offender Database on employees of persons or firms holding
| 6 | | contracts with more than one school district and assigned to | 7 | | more than one
school district, the regional superintendent of | 8 | | the educational service
region in which the contracting school | 9 | | districts are located may, at the
request of any such school | 10 | | district, be responsible for receiving the
authorization for
a | 11 | | criminal history records check prepared by each such employee | 12 | | and
submitting the same to the Department of State Police and | 13 | | for conducting a check of the Statewide Sex Offender Database | 14 | | for each employee. Any information
concerning the record of | 15 | | conviction and identification as a sex offender of any such | 16 | | employee obtained by the
regional superintendent shall be | 17 | | promptly reported to the president of the
appropriate school | 18 | | board or school boards. | 19 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
| 20 | | (105 ILCS 5/21-9) (from Ch. 122, par. 21-9)
| 21 | | Sec. 21-9. Substitute certificates and substitute | 22 | | teaching.
| 23 | | (a) A
substitute teacher's certificate
may
be issued for | 24 | | teaching in all grades of the
common schools. Such certificate
| 25 | | may be issued upon
request of the regional superintendent of
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| 1 | | schools of any region in which the teacher is to
teach. A | 2 | | substitute teacher's certificate is valid for teaching in the
| 3 | | public schools of
any county. Such certificate may be issued to | 4 | | persons who either (a) hold
a certificate
valid for teaching in | 5 | | the common schools as shown on the face of the
certificate,
(b) | 6 | | hold a bachelor of arts degree from an institution of higher | 7 | | learning
accredited by the North Central Association or other | 8 | | comparable regional
accrediting association or have been | 9 | | graduated from a recognized institution
of higher learning with | 10 | | a bachelor's degree, or (c) have had 2 years of
teaching | 11 | | experience and meet such other
rules and regulations as may be | 12 | | adopted by the State
Board of Education in consultation with | 13 | | the State Teacher Certification
Board. Such certificate shall | 14 | | expire on June 30 in the fourth year from date
of issue.
| 15 | | Substitute teacher's certificates are not subject to | 16 | | endorsement as
described in Section 21-1b of this Code.
| 17 | | (b) A teacher holding a substitute teacher's certificate | 18 | | may teach only in
the
place of a certified teacher who is under | 19 | | contract with the employing board and
may teach only when no | 20 | | appropriate fully certified teacher is available to
teach in a
| 21 | | substitute capacity. A teacher holding an early childhood | 22 | | certificate, an
elementary certificate, a high school | 23 | | certificate, or a special
certificate may also substitute teach | 24 | | in grades K-12 but only in the place of a
certified teacher who | 25 | | is under contract with the employing board. A
substitute | 26 | | teacher may teach only for a period not to exceed
90 paid |
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| 1 | | school days or 450 paid school hours in any one school district | 2 | | in any
one
school term.
However,
a teacher holding an early | 3 | | childhood, elementary, high school, or special
certificate may | 4 | | substitute teach for a period not to exceed 120 paid
school | 5 | | days or 600 paid school hours in any one school district in any
| 6 | | one school term.
Where such teaching is partly on a daily and | 7 | | partly on an hourly
basis,
a school day shall be considered as | 8 | | 5 hours.
The teaching limitations imposed by this subsection
| 9 | | upon teachers holding substitute certificates shall
not apply | 10 | | in any school district operating under Article 34.
| 11 | | (c) In order to substitute teach in the public schools, a | 12 | | person holding a valid substitute teacher's certificate or a | 13 | | person holding a valid early childhood certificate, a valid | 14 | | elementary certificate, a valid high school certificate, or a | 15 | | valid special certificate shall register as a substitute | 16 | | teacher with the regional superintendent of schools in each | 17 | | educational service region where the person will be employed. A | 18 | | person who registers as a substitute teacher with the regional | 19 | | superintendent of schools is responsible for (1) the payment of | 20 | | fees to register the certificate for its period of validity, | 21 | | (2) authorization of a criminal history records check and | 22 | | checks of the Statewide Sex Offender Database and Statewide | 23 | | Child Murderer and Violent Offender Against Youth Database, as | 24 | | provided in Section 10-21.9 of this Code, (3) payment of the | 25 | | cost of the criminal history records check and checks of the | 26 | | Statewide Sex Offender Database and Statewide Child Murderer |
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| 1 | | and Violent Offender Against Youth Database, and (4) providing | 2 | | evidence of physical fitness and freedom from communicable | 3 | | disease, including tuberculosis, which may consist of a | 4 | | physical examination and a tuberculin skin test as required by | 5 | | Section 24-5 of this Code. | 6 | | The regional superintendent of schools shall maintain a | 7 | | file for each registered substitute teacher in the educational | 8 | | service region that includes a copy of the person's | 9 | | certificate, the results from the criminal history records | 10 | | check and checks of the Statewide Sex Offender Database and | 11 | | Statewide Child Murderer and Violent Offender Against Youth | 12 | | Database, a copy of the physical examination, and a copy of the | 13 | | tuberculin skin test. The regional superintendent of schools | 14 | | shall issue a signed and sealed certificate of authorization to | 15 | | the substitute teacher that verifies that the substitute | 16 | | teacher has completed the registration process and criminal | 17 | | history records check and checks of the Statewide Sex Offender | 18 | | Database and Statewide Child Murderer and Violent Offender | 19 | | Against Youth Database and has a physical examination and | 20 | | negative tuberculin test on file with the regional | 21 | | superintendent of schools and is thereby approved to substitute | 22 | | teach in the public schools of the educational service region. | 23 | | This certificate must be presented to all prospective employing | 24 | | school districts in the educational service region, who shall | 25 | | photocopy the certificate and keep a copy of the certificate | 26 | | with employment records for the substitute teacher. |
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| 1 | | Persons wishing to substitute teach in more than one | 2 | | educational service region shall register as a substitute | 3 | | teacher with the appropriate regional superintendent of | 4 | | schools. The registration process shall include all items | 5 | | listed in the first paragraph of this subsection (b), with the | 6 | | exception of the authorization of a criminal history records | 7 | | check and checks of the Statewide Sex Offender Database and | 8 | | Statewide Child Murderer and Violent Offender Against Youth | 9 | | Database and the accompanying payment of associated fees. If | 10 | | the substitute teacher has been issued a signed and sealed | 11 | | certificate of authorization from another regional | 12 | | superintendent of schools, the registering entity may | 13 | | photocopy the certificate for its files and verify the | 14 | | substitute teacher's registration status. | 15 | | (Source: P.A. 92-184, eff. 7-27-01; 93-679, eff. 6-30-04.)
| 16 | | Section 99. Effective date. This Act takes effect on | 17 | | January 1, 2011. |
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