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90_SB0571
Amends the School Code. Clarifies that criminal
background checks must be performed on school crossing guards
who are employed by entitites other than the school board.
Requires school boards that utilize school crossing guards to
ensure that such guards receive or are provided the training
necessary to effectively and safely perform the duties of
that position.
SRS90S0030KSsa
SRS90S0030KSsa
1 AN ACT to amend the School Code by changing Sections
2 10-21.9, 10-22.28a, and 34-18.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. The School Code is amended by changing
6 Sections 10-21.9, 10-22.28a, 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
-4- SRS90S0030KSsa
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.
13 (d) No school board shall knowingly employ a person for
14 whom a criminal background investigation has not been
15 initiated.
16 (e) Upon receipt of the record of a conviction of a
17 holder of any certificate issued pursuant to Article 21 or
18 Section 34-8.1 or 34-83 of The School Code, the appropriate
19 regional superintendent of schools or the State
20 Superintendent of Education shall initiate the certificate
21 suspension and revocation proceedings authorized by law.
22 (f) After January 1, 1990 the provisions of this Section
23 shall apply to all employees of persons or firms holding
24 contracts with any school district including, but not limited
25 to, food service workers, school crossing guards, school bus
26 drivers and other transportation employees, who have direct,
27 daily contact with the pupils of any school in such district.
28 For purposes of criminal background investigations on
29 employees of persons or firms holding contracts with more
30 than one school district and assigned to more than one school
31 district, the regional superintendent of the educational
32 service region in which the contracting school districts are
33 located may, at the request of any such school district, be
34 responsible for receiving the authorization for investigation
-5- SRS90S0030KSsa
1 prepared by each such employee and submitting the same to the
2 Department of State Police. Any information concerning the
3 record of conviction of any such employee obtained by the
4 regional superintendent shall be promptly reported to the
5 president of the appropriate school board or school boards.
6 (Source: P.A. 88-612, eff. 7-1-95; 89-428, eff. 12-13-95;
7 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)
8 (105 ILCS 5/10-22.28a) (from Ch. 122, par. 10-22.28a)
9 Sec. 10-22.28a. To acquire, install, operate and
10 maintain traffic signals relative to school crossing
11 protection and school crossing stop signals and to employ
12 persons for the purpose of directing traffic upon school
13 grounds and on or along streets and highways or portions
14 thereof within a radius of one mile from such school grounds,
15 or to share the cost of employing such persons with or accept
16 the employment of such persons by any unit of local
17 government. The school board may determine whether the
18 crossing guard employment costs shall be paid from its
19 educational, transportation or operations and maintenance
20 fund. The powers in this Section are subject to the
21 following:
22 1. The power to acquire, install, operate and maintain
23 traffic signals may not be exercised in any city, village or
24 incorporated town;
25 2. Prior approval must be obtained from the Department
26 of Transportation with respect to highways for which it has
27 maintenance jurisdiction, and any public body or official
28 having jurisdiction over any street or highway affected;
29 3. All signs and signals to be erected shall conform to
30 the Department of Transportation's Manual and Specifications
31 and shall be justified by traffic warrants stated in the
32 Manual, and all pertinent provisions of The Illinois Vehicle
33 Code, not inconsistent with the provisions of this Section,
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1 shall apply.
2 The school board of each district that utilizes school
3 crossing guards shall ensure that each such crossing guard
4 receives or is provided such training as may be necessary to
5 effectively and safely perform the duties of that position.
6 (Source: P.A. 86-970.)
7 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
8 Sec. 34-18.5. Criminal background investigations.
9 (a) After August 1, 1985, certified and noncertified
10 applicants for employment with the school district are
11 required as a condition of employment to authorize an
12 investigation to determine if such applicants have been
13 convicted of any of the enumerated criminal or drug offenses
14 in subsection (c) of this Section. Authorization for the
15 investigation shall be furnished by the applicant to the
16 school district, except that if the applicant is a substitute
17 teacher seeking employment in more than one school district,
18 or a teacher seeking concurrent part-time employment
19 positions with more than one school district (as a reading
20 specialist, special education teacher or otherwise), or an
21 educational support personnel employee seeking employment
22 positions with more than one district, any such district may
23 require the applicant to furnish authorization for the
24 investigation to the regional superintendent of the
25 educational service region in which are located the school
26 districts in which the applicant is seeking employment as a
27 substitute or concurrent part-time teacher or concurrent
28 educational support personnel employee. Upon receipt of this
29 authorization, the school district or the appropriate
30 regional superintendent, as the case may be, shall submit the
31 applicant's name, sex, race, date of birth and social
32 security number to the Department of State Police on forms
33 prescribed by the Department. The regional superintendent
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1 submitting the requisite information to the Department of
2 State Police shall promptly notify the school districts in
3 which the applicant is seeking employment as a substitute or
4 concurrent part-time teacher or concurrent educational
5 support personnel employee that the investigation of the
6 applicant has been requested. The Department of State Police
7 shall conduct an investigation to ascertain if the applicant
8 being considered for employment has been convicted of any of
9 the enumerated criminal or drug offenses in subsection (c).
10 The Department shall charge the school district or the
11 appropriate regional superintendent a fee for conducting such
12 investigation, which fee shall be deposited in the State
13 Police Services Fund and shall not exceed the cost of the
14 inquiry; and the applicant shall not be charged a fee for
15 such investigation by the school district or by the regional
16 superintendent. The regional superintendent may seek
17 reimbursement from the State Board of Education or the
18 appropriate school district or districts for fees paid by the
19 regional superintendent to the Department for the criminal
20 background investigations required by this Section.
21 (b) The Department shall furnish, pursuant to positive
22 identification, records of convictions, until expunged, to
23 the president of the board of education for the school
24 district which requested the investigation, or to the
25 regional superintendent who requested the investigation. Any
26 information concerning the record of convictions obtained by
27 the president of the board of education or the regional
28 superintendent shall be confidential and may only be
29 transmitted to the general superintendent of the school
30 district or his designee, the appropriate regional
31 superintendent if the investigation was requested by the
32 board of education for the school district, the presidents of
33 the appropriate board of education or school boards if the
34 investigation was requested from the Department of State
-8- SRS90S0030KSsa
1 Police by the regional superintendent, the State
2 Superintendent of Education, the State Teacher Certification
3 Board or any other person necessary to the decision of hiring
4 the applicant for employment. A copy of the record of
5 convictions obtained from the Department of State Police
6 shall be provided to the applicant for employment. If an
7 investigation of an applicant for employment as a substitute
8 or concurrent part-time teacher or concurrent educational
9 support personnel employee in more than one school district
10 was requested by the regional superintendent, and the
11 Department of State Police upon investigation ascertains that
12 the applicant has not been convicted of any of the enumerated
13 criminal or drug offenses in subsection (c) and so notifies
14 the regional superintendent, then the regional superintendent
15 shall issue to the applicant a certificate evidencing that as
16 of the date specified by the Department of State Police the
17 applicant has not been convicted of any of the enumerated
18 criminal or drug offenses in subsection (c). The school
19 board of any school district located in the educational
20 service region served by the regional superintendent who
21 issues such a certificate to an applicant for employment as a
22 substitute or concurrent part-time teacher or concurrent
23 educational support personnel employee in more than one such
24 district may rely on the certificate issued by the regional
25 superintendent to that applicant, or may initiate its own
26 investigation of the applicant through the Department of
27 State Police as provided in subsection (a). Any person who
28 releases any confidential information concerning any criminal
29 convictions of an applicant for employment shall be guilty of
30 a Class A misdemeanor, unless the release of such information
31 is authorized by this Section.
32 (c) The board of education shall not knowingly employ a
33 person who has been convicted for committing attempted first
34 degree murder or for committing or attempting to commit first
-9- SRS90S0030KSsa
1 degree murder or a Class X felony or any one or more of the
2 following offenses: (i) those defined in Sections 11-6,
3 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
4 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
5 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
6 those defined in the Cannabis Control Act, except those
7 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
8 those defined in the Illinois Controlled Substances Act; and
9 (iv) any offense committed or attempted in any other state or
10 against 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.
13 (d) The board of education shall not knowingly employ a
14 person for whom a criminal background investigation has not
15 been initiated.
16 (e) Upon receipt of the record of a conviction of a
17 holder of any certificate issued pursuant to Article 21 or
18 Section 34-8.1 or 34-83 of The School Code, the board of
19 education or the State Superintendent of Education shall
20 initiate the certificate suspension and revocation
21 proceedings authorized by law.
22 (f) After March 19, 1990, the provisions of this Section
23 shall apply to all employees of persons or firms holding
24 contracts with any school district including, but not limited
25 to, food service workers, school crossing guards, school bus
26 drivers and other transportation employees, who have direct,
27 daily contact with the pupils of any school in such district.
28 For purposes of criminal background investigations on
29 employees of persons or firms holding contracts with more
30 than one school district and assigned to more than one school
31 district, the regional superintendent of the educational
32 service region in which the contracting school districts are
33 located may, at the request of any such school district, be
34 responsible for receiving the authorization for investigation
-10- SRS90S0030KSsa
1 prepared by each such employee and submitting the same to the
2 Department of State Police. Any information concerning the
3 record of conviction of any such employee obtained by the
4 regional superintendent shall be promptly reported to the
5 president of the appropriate school board or school boards.
6 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
7 89-610, eff. 8-6-96.)