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90_HB2312
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
705 ILCS 405/2-21 from Ch. 37, par. 802-21
Amends the School Code. Prohibits school boards from
knowingly employing persons who, in proceedings under Article
II of the Juvenile Court Act of 1987, are found to be
perpetrators of sexual or physical abuse of minors under 18
years of age. Requires the appropriate regional
superintendent of schools or the State Superintendent of
Education to initiate proceedings for the suspension or
revocation of the teaching or administrative certificates of
such perpetrators. Also amends the Juvenile Court Act of
1987 to require the Department of State Police to include in
its background investigation report to a school district
covering a person who applies for school district employment
information reported by a court to the Department concerning
the court's determination that such person inflicted physical
or sexual abuse upon a minor. Effective immediately.
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1 AN ACT relating to school employment, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-21.9 and 34-18.5 as follows:
7 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
8 Sec. 10-21.9. Criminal background investigations.
9 (a) After August 1, 1985, certified and noncertified
10 applicants for employment with a school district, except
11 school bus driver applicants, are required as a condition of
12 employment to authorize an investigation to determine if such
13 applicants have been convicted of any of the enumerated
14 criminal or drug offenses in subsection (c) of this Section.
15 Authorization for the investigation shall be furnished by the
16 applicant to the school district, except that if the
17 applicant is a substitute teacher seeking employment in more
18 than one school district, a teacher seeking concurrent
19 part-time employment positions with more than one school
20 district (as a reading specialist, special education teacher
21 or otherwise), or an educational support personnel employee
22 seeking employment positions with more than one district, any
23 such district may require the applicant to furnish
24 authorization for the investigation to the regional
25 superintendent of the educational service region in which are
26 located the school districts in which the applicant is
27 seeking employment as a substitute or concurrent part-time
28 teacher or concurrent educational support personnel employee.
29 Upon receipt of this authorization, the school district or
30 the appropriate regional superintendent, as the case may be,
31 shall submit the applicant's name, sex, race, date of birth
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1 and social security number to the Department of State Police
2 on forms prescribed by the Department. The regional
3 superintendent submitting the requisite information to the
4 Department of State Police shall promptly notify the school
5 districts in which the applicant is seeking employment as a
6 substitute or concurrent part-time teacher or concurrent
7 educational support personnel employee that the investigation
8 of the applicant has been requested. The Department of State
9 Police shall conduct an investigation to ascertain if the
10 applicant being considered for employment has been convicted
11 of any of the enumerated criminal or drug offenses in
12 subsection (c). The Department shall charge the school
13 district or the appropriate regional superintendent a fee for
14 conducting such investigation, which fee shall be deposited
15 in the State Police Services Fund and shall not exceed the
16 cost of the inquiry; and the applicant shall not be charged a
17 fee for such investigation by the school district or by the
18 regional superintendent. The regional superintendent may
19 seek reimbursement from the State Board of Education or the
20 appropriate school district or districts for fees paid by the
21 regional superintendent to the Department for the criminal
22 background investigations required by this Section.
23 (b) The Department shall furnish, pursuant to positive
24 identification, records of convictions, until expunged, to
25 the president of the school board for the school district
26 which requested the investigation, or to the regional
27 superintendent who requested the investigation. Any
28 information concerning the record of convictions obtained by
29 the president of the school board or the regional
30 superintendent shall be confidential and may only be
31 transmitted to the superintendent of the school district or
32 his designee, the appropriate regional superintendent if the
33 investigation was requested by the school district, the
34 presidents of the appropriate school boards if the
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1 investigation was requested from the Department of State
2 Police by the regional superintendent, the State
3 Superintendent of Education, the State Teacher Certification
4 Board or any other person necessary to the decision of hiring
5 the applicant for employment. A copy of the record of
6 convictions obtained from the Department of State Police
7 shall be provided to the applicant for employment. If an
8 investigation of an applicant for employment as a substitute
9 or concurrent part-time teacher or concurrent educational
10 support personnel employee in more than one school district
11 was requested by the regional superintendent, and the
12 Department of State Police upon investigation ascertains that
13 the applicant has not been convicted of any of the enumerated
14 criminal or drug offenses in subsection (c) and so notifies
15 the regional superintendent, then the regional superintendent
16 shall issue to the applicant a certificate evidencing that as
17 of the date specified by the Department of State Police the
18 applicant has not been convicted of any of the enumerated
19 criminal or drug offenses in subsection (c). The school
20 board of any school district located in the educational
21 service region served by the regional superintendent who
22 issues such a certificate to an applicant for employment as a
23 substitute teacher in more than one such district may rely on
24 the certificate issued by the regional superintendent to that
25 applicant, or may initiate its own investigation of the
26 applicant through the Department of State Police as provided
27 in subsection (a). Any person who releases any confidential
28 information concerning any criminal convictions of an
29 applicant for employment shall be guilty of a Class A
30 misdemeanor, unless the release of such information is
31 authorized by this Section.
32 (c) No school board shall knowingly employ a person who
33 has been convicted for committing attempted first degree
34 murder or for committing or attempting to commit first degree
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1 murder or a Class X felony or any one or more of the
2 following offenses: (i) those defined in Sections 11-6, 11-9,
3 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
4 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
5 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
6 in the "Cannabis Control Act" except those defined in
7 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
8 in the "Illinois Controlled Substances Act"; and (iv) any
9 offense committed or attempted in any other state or against
10 the laws of the United States, which if committed or
11 attempted in this State, would have been punishable as one or
12 more of the foregoing offenses. Further, no school board
13 shall knowingly employ a person who has been found to be the
14 perpetrator of sexual or physical abuse of any minor under 18
15 years of age pursuant to proceedings under Article II of the
16 Juvenile Court Act of 1987.
17 (d) No school board shall knowingly employ a person for
18 whom a criminal background investigation has not been
19 initiated.
20 (e) Upon receipt of the record of a conviction of or a
21 finding of child abuse by a holder of any certificate issued
22 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
23 School Code, the appropriate regional superintendent of
24 schools or the State Superintendent of Education shall
25 initiate the certificate suspension and revocation
26 proceedings authorized by law.
27 (f) After January 1, 1990 the provisions of this Section
28 shall apply to all employees of persons or firms holding
29 contracts with any school district including, but not limited
30 to, food service workers, school bus drivers and other
31 transportation employees, who have direct, daily contact with
32 the pupils of any school in such district. For purposes of
33 criminal background investigations on employees of persons or
34 firms holding contracts with more than one school district
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1 and assigned to more than one school district, the regional
2 superintendent of the educational service region in which the
3 contracting school districts are located may, at the request
4 of any such school district, be responsible for receiving the
5 authorization for investigation prepared by each such
6 employee and submitting the same to the Department of State
7 Police. Any information concerning the record of conviction
8 of any such employee obtained by the regional superintendent
9 shall be promptly reported to the president of the
10 appropriate school board or school boards.
11 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
12 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
13 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
14 Sec. 34-18.5. Criminal background investigations.
15 (a) After August 1, 1985, certified and noncertified
16 applicants for employment with the school district are
17 required as a condition of employment to authorize an
18 investigation to determine if such applicants have been
19 convicted of any of the enumerated criminal or drug offenses
20 in subsection (c) of this Section. Authorization for the
21 investigation shall be furnished by the applicant to the
22 school district, except that if the applicant is a substitute
23 teacher seeking employment in more than one school district,
24 or a teacher seeking concurrent part-time employment
25 positions with more than one school district (as a reading
26 specialist, special education teacher or otherwise), or an
27 educational support personnel employee seeking employment
28 positions with more than one district, any such district may
29 require the applicant to furnish authorization for the
30 investigation to the regional superintendent of the
31 educational service region in which are located the school
32 districts in which the applicant is seeking employment as a
33 substitute or concurrent part-time teacher or concurrent
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1 educational support personnel employee. Upon receipt of this
2 authorization, the school district or the appropriate
3 regional superintendent, as the case may be, shall submit the
4 applicant's name, sex, race, date of birth and social
5 security number to the Department of State Police on forms
6 prescribed by the Department. The regional superintendent
7 submitting the requisite information to the Department of
8 State Police shall promptly notify the school districts in
9 which the applicant is seeking employment as a substitute or
10 concurrent part-time teacher or concurrent educational
11 support personnel employee that the investigation of the
12 applicant has been requested. The Department of State Police
13 shall conduct an investigation to ascertain if the applicant
14 being considered for employment has been convicted of any of
15 the enumerated criminal or drug offenses in subsection (c).
16 The Department shall charge the school district or the
17 appropriate regional superintendent a fee for conducting such
18 investigation, which fee shall be deposited in the State
19 Police Services Fund and shall not exceed the cost of the
20 inquiry; and the applicant shall not be charged a fee for
21 such investigation by the school district or by the regional
22 superintendent. The regional superintendent may seek
23 reimbursement from the State Board of Education or the
24 appropriate school district or districts for fees paid by the
25 regional superintendent to the Department for the criminal
26 background investigations required by this Section.
27 (b) The Department shall furnish, pursuant to positive
28 identification, records of convictions, until expunged, to
29 the president of the board of education for the school
30 district which requested the investigation, or to the
31 regional superintendent who requested the investigation. Any
32 information concerning the record of convictions obtained by
33 the president of the board of education or the regional
34 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 investigation was requested by the
4 board of education for the school district, the presidents of
5 the appropriate board of education or school boards if the
6 investigation was requested from the Department of State
7 Police by the regional superintendent, the State
8 Superintendent of Education, the State Teacher Certification
9 Board or any other person necessary to the decision of hiring
10 the applicant for employment. A copy of the record of
11 convictions obtained from the Department of State Police
12 shall be provided to the applicant for employment. If an
13 investigation of an applicant for employment as a substitute
14 or concurrent part-time teacher or concurrent educational
15 support personnel employee in more than one school district
16 was requested by the regional superintendent, and the
17 Department of State Police upon investigation ascertains that
18 the applicant has not been convicted of any of the enumerated
19 criminal or drug offenses in subsection (c) and so notifies
20 the regional superintendent, then the regional superintendent
21 shall issue to the applicant a certificate evidencing that as
22 of the date specified by the Department of State Police the
23 applicant has not been convicted of any of the enumerated
24 criminal or drug offenses in subsection (c). The school
25 board of any school district located in the educational
26 service region served by the regional superintendent who
27 issues such a certificate to an applicant for employment as a
28 substitute or concurrent part-time teacher or concurrent
29 educational support personnel employee in more than one such
30 district may rely on the certificate issued by the regional
31 superintendent to that applicant, or may initiate its own
32 investigation of the applicant through the Department of
33 State Police as provided in subsection (a). Any person who
34 releases any confidential information concerning any criminal
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1 convictions of an applicant for employment shall be guilty of
2 a Class A misdemeanor, unless the release of such information
3 is authorized by this Section.
4 (c) The board of education shall not knowingly employ a
5 person who has been convicted for committing attempted first
6 degree murder or for committing or attempting to commit first
7 degree murder or a Class X felony or any one or more of the
8 following offenses: (i) those defined in Sections 11-6,
9 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
10 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
11 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
12 those defined in the Cannabis Control Act, except those
13 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
14 those defined in the Illinois Controlled Substances Act; and
15 (iv) any offense committed or attempted in any other state or
16 against the laws of the United States, which if committed or
17 attempted in this State, would have been punishable as one or
18 more of the foregoing offenses. Further, the board of
19 education shall not knowingly employ a person who has been
20 found to be the perpetrator of sexual or physical abuse of
21 any minor under 18 years of age pursuant to proceedings under
22 Article II of the Juvenile Court Act of 1987.
23 (d) The board of education shall not knowingly employ a
24 person for whom a criminal background investigation has not
25 been initiated.
26 (e) Upon receipt of the record of a conviction of or a
27 finding of child abuse by a holder of any certificate issued
28 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
29 School Code, the board of education or the State
30 Superintendent of Education shall initiate the certificate
31 suspension and revocation proceedings authorized by law.
32 (f) After March 19, 1990, the provisions of this Section
33 shall apply to all employees of persons or firms holding
34 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 background investigations on employees of persons or
5 firms holding contracts with more than one school district
6 and assigned to more than one school district, the regional
7 superintendent of the educational service region in which the
8 contracting school districts are located may, at the request
9 of any such school district, be responsible for receiving the
10 authorization for investigation prepared by each such
11 employee and submitting the same to the Department of State
12 Police. Any information concerning the record of conviction
13 of any such employee obtained by the regional superintendent
14 shall be promptly reported to the president of the
15 appropriate school board or school boards.
16 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
17 89-610, eff. 8-6-96.)
18 Section 10. The Juvenile Court Act of 1987 is amended by
19 changing Section 2-21 as follows:
20 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
21 (Text of Section before amendment by P.A. 89-704, 90-27,
22 and 90-28)
23 Sec. 2-21. Findings and adjudication.
24 (1) After hearing the evidence the court shall determine
25 whether or not the minor is abused, neglected, or dependent.
26 If it finds that the minor is not such a person, the court
27 shall order the petition dismissed and the minor discharged.
28 The court's determination of whether the minor is abused,
29 neglected, or dependent shall be stated in writing with the
30 factual basis supporting that determination.
31 If the court finds that the minor is abused, neglected,
32 or dependent, the court shall then determine and put in
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1 writing the factual basis supporting the determination of
2 whether the abuse, neglect, or dependency is the result of
3 physical abuse to the minor inflicted by a parent, guardian,
4 or legal custodian. That finding shall appear in the order
5 of the court.
6 If the court determines that a person has inflicted
7 physical or sexual abuse upon a minor, the court shall report
8 that determination to the Department of State Police, which
9 shall include that information in its report to the President
10 of the school board for a school district that requests a
11 criminal background investigation of that person as required
12 under Section 10-21.9 or 34-18.5 of the School Code.
13 (2) If the court determines and puts in writing the
14 factual basis supporting the determination that the minor is
15 either abused or neglected or dependent, the court shall then
16 set a time not later than 30 days after the entry of the
17 finding for a dispositional hearing to be conducted under
18 Section 2-22 at which hearing the court shall determine
19 whether it is in the best interests of the minor and the
20 public that he be made a ward of the court. To assist the
21 court in making this and other determinations at the
22 dispositional hearing, the court may order that an
23 investigation be conducted and a dispositional report be
24 prepared concerning the minor's physical and mental history
25 and condition, family situation and background, economic
26 status, education, occupation, history of delinquency or
27 criminality, personal habits, and any other information that
28 may be helpful to the court. The dispositional hearing may
29 be continued once for a period not to exceed 30 days if the
30 court finds that such continuance is necessary to complete
31 the dispositional report.
32 (3) The time limits of this Section may be waived only
33 by consent of all parties and approval by the court, as
34 determined to be in the best interests of the minor.
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1 (4) For all cases adjudicated prior to July 1, 1991, for
2 which no dispositional hearing has been held prior to that
3 date, a dispositional hearing under Section 2-22 shall be
4 held within 90 days of July 1, 1991.
5 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
6 12-2-94; 90-443, eff. 8-16-97.)
7 (Text of Section after amendment by P.A. 89-704, 90-27,
8 and 90-28)
9 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
10 Sec. 2-21. Findings and adjudication.
11 (1) The court shall state for the record the manner in
12 which the parties received service of process and shall note
13 whether the return or returns of service, postal return
14 receipt or receipts for notice by certified mail, or
15 certificate or certificates of publication have been filed in
16 the court record. The court shall enter any appropriate
17 orders of default against any parent who has been properly
18 served in any manner and fails to appear.
19 No further service of process as defined in Sections 2-15
20 and 2-16 is required in any subsequent proceeding for a
21 parent who was properly served in any manner, except as
22 required by Supreme Court Rule 11.
23 The caseworker shall testify about the diligent search
24 conducted for the parent.
25 After hearing the evidence the court shall determine
26 whether or not the minor is abused, neglected, or dependent.
27 If it finds that the minor is not such a person, the court
28 shall order the petition dismissed and the minor discharged.
29 The court's determination of whether the minor is abused,
30 neglected, or dependent shall be stated in writing with the
31 factual basis supporting that determination.
32 If the court finds that the minor is abused, neglected,
33 or dependent, the court shall then determine and put in
34 writing the factual basis supporting the determination of
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1 whether the abuse, neglect, or dependency is the result of
2 physical abuse to the minor inflicted by a parent, guardian,
3 or legal custodian. That finding shall appear in the order
4 of the court.
5 If the court finds that the child has been abused,
6 neglected or dependent, the court shall admonish the parents
7 that they must cooperate with the Department of Children and
8 Family Services, comply with the terms of the service plan,
9 and correct the conditions that require the child to be in
10 care, or risk termination of parental rights.
11 If the court determines that a person has inflicted
12 physical or sexual abuse upon a minor, the court shall report
13 that determination to the Department of State Police, which
14 shall include that information in its report to the President
15 of the school board for a school district that requests a
16 criminal background investigation of that person as required
17 under Section 10-21.9 or 34-18.5 of the School Code.
18 (2) If the court determines and puts in writing the
19 factual basis supporting the determination that the minor is
20 either abused or neglected or dependent, the court shall then
21 set a time not later than 30 days after the entry of the
22 finding for a dispositional hearing to be conducted under
23 Section 2-22 at which hearing the court shall determine
24 whether it is consistent with the health, safety and best
25 interests of the minor and the public that he be made a ward
26 of the court. To assist the court in making this and other
27 determinations at the dispositional hearing, the court may
28 order that an investigation be conducted and a dispositional
29 report be prepared concerning the minor's physical and mental
30 history and condition, family situation and background,
31 economic status, education, occupation, history of
32 delinquency or criminality, personal habits, and any other
33 information that may be helpful to the court. The
34 dispositional hearing may be continued once for a period not
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1 to exceed 30 days if the court finds that such continuance is
2 necessary to complete the dispositional report.
3 (3) The time limits of this Section may be waived only
4 by consent of all parties and approval by the court, as
5 determined to be consistent with the health, safety and best
6 interests of the minor.
7 (4) For all cases adjudicated prior to July 1, 1991, for
8 which no dispositional hearing has been held prior to that
9 date, a dispositional hearing under Section 2-22 shall be
10 held within 90 days of July 1, 1991.
11 (5) The court may terminate the parental rights of a
12 parent at the initial dispositional hearing if all of the
13 following conditions are met:
14 (i) the original or amended petition contains a
15 request for termination of parental rights and
16 appointment of a guardian with power to consent to
17 adoption; and
18 (ii) the court has found by a preponderance of
19 evidence, introduced or stipulated to at an adjudicatory
20 hearing, that the child comes under the jurisdiction of
21 the court as an abused, neglected, or dependent minor
22 under Section 2-18; and
23 (iii) the court finds, on the basis of clear and
24 convincing evidence admitted at the adjudicatory hearing
25 that the parent is an unfit person under subdivision D of
26 Section 1 of the Adoption Act; and
27 (iv) the court determines in accordance with the
28 rules of evidence for dispositional proceedings, that:
29 (A) it is in the best interest of the minor
30 and public that the child be made a ward of the
31 court;
32 (A-5) reasonable efforts under subsection
33 (l-1) of Section 5 of the Children and Family
34 Services Act are inappropriate or such efforts were
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1 made and were unsuccessful; and
2 (B) termination of parental rights and
3 appointment of a guardian with power to consent to
4 adoption is in the best interest of the child
5 pursuant to Section 2-29.
6 (Source: P.A. 89-704, eff. 1-1-98; 90-27, eff. 1-1-98; 90-28,
7 eff. 1-1-98; 90-443, eff. 8-16-97.)
8 Section 95. No acceleration or delay. Where this Act
9 makes changes in a statute that is represented in this Act by
10 text that is not yet or no longer in effect (for example, a
11 Section represented by multiple versions), the use of that
12 text does not accelerate or delay the taking effect of (i)
13 the changes made by this Act or (ii) provisions derived from
14 any other Public Act.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.