State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


92_HB1840ccr001

                                           LRB9205698NTpkccr5

 1                        92ND GENERAL ASSEMBLY
 2                  FIRST CONFERENCE COMMITTEE REPORT
 3                         ON HOUSE BILL 1840
 4    -------------------------------------------------------------
 5    -------------------------------------------------------------

 6        To the President of the Senate and  the  Speaker  of  the
 7    House of Representatives:
 8        We,  the  conference  committee appointed to consider the
 9    differences  between  the  houses  in  relation   to   Senate
10    Amendment No. 1 to House Bill 1840, recommend the following:
11        (1)  that  the Senate recede from Senate Amendment No. 1;
12    and
13        (2)  that  House  Bill  1840  be  amended  by   replacing
14    everything after the enacting clause with the following:

15        "Section 5.  The School Code is amended by adding Section
16    7-31 and changing Sections 10-21.9 and 34-18.5 as follows:

17        (105 ILCS 5/7-31 new)
18        Sec.   7-31.  Annexation   of   contiguous   portion   of
19    elementary or high school district.
20        (a) In this Section:
21        "Contiguous"  means  having  a  common border of not less
22    than 100 linear feet.
23        "Specially qualified professional land surveyor" means  a
24    professional  land surveyor whose credentials include serving
25    or having served as a paid advisor or consultant to at  least
26    2  of  the  following:  any  department,  board,  commission,
27    authority, or other agency of the State of Illinois.
28        (b)  Notwithstanding  any other provision  of  this Code,
29    any contiguous portion of an elementary school district  must
30    be  detached  from  that district and annexed to an adjoining
31    elementary school district  to  which  the  portion  is  also
32    contiguous  and  any  contiguous  portion  of  a  high school
 
                            -2-            LRB9205698NTpkccr5
 1    district  must be detached from that district and annexed  to
 2    an  adjoining  school  district  to which the portion is also
 3    contiguous (herein referred to as  "the  Territory")  upon  a
 4    petition  or petitions filed under this Section if all of the
 5    following conditions are met with respect to each petition:
 6             (1)  The Territory is to be detached from  a  school
 7        district that is located predominantly (meaning more than
 8        50%  of   the  district's  area)  in a county of not less
 9        than 2,000,000  and  is  to  be  annexed  into  a  school
10        district located overwhelmingly (meaning more than 75% of
11        its  area)  in a county of  not less than 750,000 and not
12        more than 1,500,000, and, on the effective date  of  this
13        amendatory    Act  of  the  92nd  General  Assembly,  the
14        Territory consists of not more than 500  acres  of  which
15        not  more  than 300 acres is vacant land and of which not
16        more than 200 acres is either  platted  for  or  improved
17        with  residences  and  is  located predominately (meaning
18        more than 50% of its area) within a municipality that  is
19        (i)  located  predominantly (meaning more than 50% of the
20        area of  the municipality) outside the elementary or high
21        school  district  from  which  the  Territory  is  to  be
22        detached and (ii) located partly  or  wholly  within  the
23        territorial  boundaries  of  the  adjoining elementary or
24        high school district to which  the  Territory  is  to  be
25        annexed.  Conclusive  proof   of  the  boundaries of each
26        school district and the municipality is   a  document  or
27        documents  setting forth the boundaries and  certified by
28        the county clerk of each county or by the  clerk  of  the
29        municipality  as  being a correct copy of records on file
30        with the county clerk or the clerk of the municipality as
31        of a date not more than 60 days before the  filing  of  a
32        petition  under  this  Section.  If  the  records  of the
33        respective clerks show boundaries as of different  dates,
34        those  records are deemed contemporaneous for purposes of
35        this Section.
 
                            -3-            LRB9205698NTpkccr5
 1             (2)  The equalized assessed valuation of the taxable
 2        property of the Territory constitutes less  than   5%  of
 3        the  equalized assessed valuation of the taxable property
 4        of the school district from which it is to  be  detached.
 5        Conclusive  proof  of the equalized assessed valuation of
 6        each district is a  document  or  documents  stating  the
 7        equalized assessed valuation and certified, by the county
 8        clerk  of  a county of not less than 2,000,000 and by the
 9        county assessor or township assessor in a county  of  not
10        less than 750,000 and not more than 1,500,000, as correct
11        by  the  certifying  office as of a date not more than 60
12        days before the filing of a petition under this  Section.
13        If  the  records  from  the  2  counties   show equalized
14        assessed valuation as of different dates,  those  records
15        are deemed contemporaneous for purposes of this Section.
16             (3)  The  Territory  is  predominately (meaning more
17        than 50% of its area)   within  a  municipality  that  is
18        predominantly  (meaning  more than 50% of the area of the
19        municipality) within a county of not  less  than  750,000
20        and   not  more  than  1,500,000.  Conclusive  proof   of
21        boundaries  of   the  municipality  is  a   document   or
22        documents  setting  forth the boundaries and certified by
23        the county clerk of the county in which the  municipality
24        is located or by the clerk of the municipality as correct
25        as of a date not more than 60 days before the filing of a
26        petition under this Section.
27             (4)  The  Territory,  as  of a date not more than 60
28        days before the  filing  of  a  petition,  has  not  been
29        developed  with  structures  for  commercial,  office, or
30        industrial  uses,  except  for  temporary  buildings   or
31        structures constructed pursuant to a permit or permits by
32        the  applicable  permitting authority for an initial term
33        of not more than  15  years.   Conclusive  proof  of  the
34        development of the land is a notarized statement, as of a
35        date  not  more  than  60  days  before  the  filing of a
 
                            -4-            LRB9205698NTpkccr5
 1        petition under this Section,  by  a  specially  qualified
 2        professional  land  surveyor  licensed  by  the  State of
 3        Illinois.
 4             (5)  The area of the Territory is 5% or less of  the
 5        area of the school  district  from  which  it  is  to  be
 6        detached.  Conclusive  proof  of the areas is a notarized
 7        written statement by a specially  qualified  professional
 8        land surveyor licensed by the State of Illinois.
 9             (6)  Travel  on public roads within 5 miles from the
10        Territory to  schools in the school district  from  which
11        the  Territory  is  to  be  detached requires crossing an
12        interstate highway. Travel on public roads within 5 miles
13        from the Territory to  schools in the school district  to
14        which the Territory is to be  annexed  does  not  require
15        crossing  an  interstate highway. Conclusive proof of the
16        facts in  this  paragraph  (6)  is  a  notarized  written
17        statement  by  a  specially  qualified  professional land
18        surveyor licensed by the State of  Illinois.
19        (c)  No school district may lose  more  than  5%  of  its
20    equalized   assessed  valuation  nor  more  than  5%  of  its
21    territory through petitions filed under this  Section.  If  a
22    petition  seeks  to  detach  territory that would result in a
23    cumulative total of more than 5% of the district's  equalized
24    assessed   valuation  or  more  than  5%  of  the  district's
25    territory being detached under  this  Section,  the  petition
26    shall be denied without prejudice to its being filed pursuant
27    to Section 7-6 of this Code.
28        (d)  Conclusive  proof  of the  population of a county is
29    the most recent federal decennial census.
30        (e)  A petition filed under this Section with respect  to
31    the Territory must be filed with the regional board of school
32    trustees of the county where the Territory is located (herein
33    referred to as the Regional Board) at its regular offices not
34    later  than  the  24  months after the effective date of this
35    amendatory Act of the 92nd General Assembly and  (i)  in  the
 
                            -5-            LRB9205698NTpkccr5
 1    case  of   any  portion  of the Territory not developed  with
 2    residences, signed by or on behalf of the taxpayers of record
 3    of properties constituting 60% or more of  the  land  not  so
 4    developed  and  (ii)  in  the  case  of  any  portion  of the
 5    Territory developed by residences, signed by 60% or  more  of
 6    registered  voters  residing  in  the  residences. Conclusive
 7    proof of who are  the  taxpayers  of  record  is  a  document
 8    certified  by the assessor of the county or township in which
 9    the property is located as of a date not more  than  60  days
10    before   the   filing  of  a  petition  under  this  Section.
11    Conclusive proof of who are registered voters is  a  document
12    certified  by  the  board  of  election commissioners for the
13    county in which the registered voters reside as of a date not
14    earlier than 60 days  before  the  filing  of  the  petition.
15    Conclusive proof of the area of the Territory and the area of
16    properties  within  the  Territory  is  a survey or notarized
17    statement, as of a date not more  than  60  days  before  the
18    filing of the petition, by a specially qualified professional
19    land surveyor licensed by the State of  Illinois.
20        (f)  The  Regional  Board must (1) hold a hearing on each
21    petition at its regular offices within 90 days after the date
22    of filing; (2) render a  decision  granting  or  denying  the
23    petition  within 30 days after the hearing; and (3) within 14
24    days after the decision, serve a  copy  of  the  decision  by
25    certified   mail,   return   receipt   requested,   upon  the
26    petitioners  and  upon  the  school  boards  of  the   school
27    districts  from which the territory described in the petition
28    is sought to be detached and to which the territory is sought
29    to be annexed.  If  petitions  are  filed  pertaining  to  an
30    elementary   school  district  and  a  high  school  district
31    described in this Section, if the petitions pertain  to  land
32    not  developed  with  residences,  and if the 2 petitions are
33    filed within 28 days of each other,  the  petitions  must  be
34    consolidated  for  hearing and heard at the same hearing.  If
35    petitions  are  filed  pertaining  to  an  elementary  school
 
                            -6-            LRB9205698NTpkccr5
 1    district  and  a  high  school  district  described  in  this
 2    Section, if the petitions  pertain  to  land  developed  with
 3    residences,  and if the petitions are filed within 28 days of
 4    each other, the 2 petitions must be consolidated for  hearing
 5    and heard at the same hearing. If the Regional Board does not
 6    serve  a  copy  of  the  decision  within the time and in the
 7    manner required, any petitioner has the right to  obtain,  in
 8    the  circuit  court  of  the county in which the petition was
 9    filed, a mandamus requiring the Regional Board to  serve  the
10    decision  immediately  to the parties in the manner required.
11    Upon proof  that  the  Regional  Board  has  not  served  the
12    decision  to  the  parties  or  in  the  manner required, the
13    circuit court must immediately issue the order.
14        The Regional Board has no authority or discretion to hear
15    any evidence or consider any issues  at  the  hearing  except
16    those   that  may  be  necessary  to  determine  whether  the
17    conditions and limitations of this Section have been met.  If
18    the Regional Board finds that such conditions and limitations
19    have been met, the Regional Board must grant the petition.
20        The  Regional  Board  must (i) give written notice of the
21    time and place of the hearing not less than 30 days prior  to
22    the  date  of  the  hearing to the school board of the school
23    district from which the territory described in  the  petition
24    is  to  be  detached  and  to  the school board of the school
25    district to which the territory is to  be  annexed  and  (ii)
26    publish  notice  of  the  hearing  in  a  newspaper  that  is
27    circulated within the county in which the territory described
28    in  the  petition  is  located  and  is circulated within the
29    school districts whose school boards are entitled to notice.
30        (g)  If the granting  of  a  petition  filed  under  this
31    Section  has  become  final  either  through  failure to seek
32    administrative review or by the final decision of a court  on
33    review,  the change in boundaries becomes effective forthwith
34    and for all purposes, except that if granting of the petition
35    becomes final between September 1 of any year and June 30  of
 
                            -7-            LRB9205698NTpkccr5
 1    the  following  year, the administration of and attendance at
 2    the schools are not affected until July 1  of  the  following
 3    year,  at  which  time   the change becomes effective for all
 4    purposes. After the granting of the petition  becomes  final,
 5    the  date when the change  becomes  effective for purposes of
 6    administration and  attendance  may,  in  the  case  of  land
 7    improved  with residences, be accelerated or postponed either
 8    (i) by  stipulation  of  the  school  boards  of  the  school
 9    districts  from which the territory described in the petition
10    is detached and to which the territory is annexed or (ii)  by
11    stipulation   of    the  registered  voters  who  signed  the
12    petition. Their stipulation may be contained in the  petition
13    or a separate document signed by them. Their stipulation must
14    be  filed  with  the  Regional  Board not later than 120 days
15    after approval of their petition.
16        (h)  The decision  of  the  Regional  Board  is  a  final
17    "administrative  decision" as defined in Section 3-101 of the
18    Code of Civil Procedure, and any  petitioner  or  the  school
19    board  of   the  school district from which the land is to be
20    detached or of the school district to which the land is to be
21    annexed may, within 35 days after  a  copy  of  the  decision
22    sought  to  be reviewed was served by certified mail upon the
23    affected party thereby or upon an attorney of record for such
24    party, apply for a review of the decision in accordance  with
25    the  Administrative Review Law and the rules adopted pursuant
26    to the Administrative Review Law. Standing to apply for or in
27    any manner seek review of the decision is limited exclusively
28    to a petitioner or school district described in this Section.
29        The commencement of any action for review  operates as  a
30    supersedeas,  and  no  further proceedings are allowed  until
31    final disposition of the review. The  circuit  court  of  the
32    county in which the petition is filed with the Regional Board
33    has sole jurisdiction to entertain a complaint for review.
34        (i)  This  Section  (i)  is  not  limited by and operates
35    independently of all other provisions  of  this  Article  and
 
                            -8-            LRB9205698NTpkccr5
 1    (ii)  constitutes  complete  authority  for  the  granting or
 2    denial by the Regional Board of a petition filed  under  this
 3    Section  when  the  conditions prescribed by this Section for
 4    the filing of that petition are met or not met  as  the  case
 5    may be.

 6        (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
 7        Sec. 10-21.9.  Criminal background investigations.
 8        (a)  Except  as otherwise provided in subsection (a-5) of
 9    this Section After August 1, 1985, certified and noncertified
10    applicants for employment with  a  school  district,  (except
11    school  bus  driver applicants) and student teachers assigned
12    to the district, are required, as a condition  of  employment
13    or  student  teaching  in  that  district,  to  authorize  an
14    investigation  to  determine  if  such  applicants or student
15    teachers  have  been  convicted  of  any  of  the  enumerated
16    criminal or drug offenses in subsection (c) of  this  Section
17    or have been convicted, within 7 years of the application for
18    employment with the school district or of being assigned as a
19    student  teacher  to that district, of any other felony under
20    the laws of  this  State  or  of  any  offense  committed  or
21    attempted  in  any  other  state  or  against the laws of the
22    United States that, if committed or attempted in this  State,
23    would have been punishable as a felony under the laws of this
24    State. Authorization for the investigation shall be furnished
25    by  the  applicant or student teacher to the school district,
26    except that if the applicant is a substitute teacher  seeking
27    employment  in  more  than  one  school  district,  a teacher
28    seeking concurrent part-time employment positions  with  more
29    than  one  school  district (as a reading specialist, special
30    education teacher or otherwise), or  an  educational  support
31    personnel  employee  seeking  employment  positions with more
32    than  one  district,  any  such  district  may  require   the
33    applicant  to  furnish authorization for the investigation to
34    the regional superintendent of the educational service region
 
                            -9-            LRB9205698NTpkccr5
 1    in which are  located  the  school  districts  in  which  the
 2    applicant is seeking employment as a substitute or concurrent
 3    part-time teacher or concurrent educational support personnel
 4    employee.  Upon  receipt  of  this  authorization, the school
 5    district or the appropriate regional superintendent,  as  the
 6    case   may  be,  shall  submit  the  applicant's  or  student
 7    teacher's name, sex, race, date of birth and social  security
 8    number  to the Department of State Police on forms prescribed
 9    by the Department. The regional superintendent submitting the
10    requisite information to the Department of State Police shall
11    promptly notify the school districts in which  the  applicant
12    is seeking employment as a substitute or concurrent part-time
13    teacher  or concurrent educational support personnel employee
14    that the investigation of the applicant has  been  requested.
15    The Department of State Police shall conduct an investigation
16    to ascertain if the applicant being considered for employment
17    or   student  teacher  has  been  convicted  of  any  of  the
18    enumerated criminal or drug offenses in subsection (c) or has
19    been  convicted,  within  7  years  of  the  application  for
20    employment with the school district or of being assigned as a
21    student teacher to that district, of any other  felony  under
22    the  laws  of  this  State  or  of  any  offense committed or
23    attempted in any other state  or  against  the  laws  of  the
24    United  States that, if committed or attempted in this State,
25    would have been punishable as a felony under the laws of this
26    State.  The Department shall charge the  school  district  or
27    the  appropriate regional superintendent a fee for conducting
28    such investigation, which fee shall be deposited in the State
29    Police Services Fund and shall not exceed  the  cost  of  the
30    inquiry;  and  the  applicant or student teacher shall not be
31    charged a fee for such investigation by the  school  district
32    or    by   the   regional   superintendent.    The   regional
33    superintendent may seek reimbursement from the State Board of
34    Education or the appropriate school district or districts for
35    fees paid by the regional superintendent  to  the  Department
 
                            -10-           LRB9205698NTpkccr5
 1    for  the  criminal background investigations required by this
 2    Section.
 3        (a-5)  If a student  teacher  has  undergone  a  criminal
 4    background  investigation  under  this Section and, within 18
 5    months after the  investigation  is  conducted,  that  former
 6    student  teacher  is  hired  as a full-time employee with the
 7    school district, then the former student teacher shall not be
 8    required to undergo another criminal background investigation
 9    under this Section.
10        (b)  The Department shall furnish, pursuant  to  positive
11    identification,  records  of  convictions, until expunged, to
12    the president of the school board  for  the  school  district
13    which   requested  the  investigation,  or  to  the  regional
14    superintendent  who   requested   the   investigation.    Any
15    information  concerning the record of convictions obtained by
16    the  president  of  the  school   board   or   the   regional
17    superintendent   shall   be  confidential  and  may  only  be
18    transmitted to the superintendent of the school  district  or
19    his  designee, the appropriate regional superintendent if the
20    investigation was  requested  by  the  school  district,  the
21    presidents   of   the   appropriate   school  boards  if  the
22    investigation was requested  from  the  Department  of  State
23    Police    by   the   regional   superintendent,   the   State
24    Superintendent of Education, the State Teacher  Certification
25    Board or any other person necessary to the decision of hiring
26    the applicant for employment or assigning the student teacher
27    to  a  school  district.  A copy of the record of convictions
28    obtained  from  the  Department  of  State  Police  shall  be
29    provided to the applicant for employment or student  teacher.
30    If  an  investigation  of  an  applicant  for employment as a
31    substitute or  concurrent  part-time  teacher  or  concurrent
32    educational  support  personnel  employee  in  more  than one
33    school district was requested by the regional superintendent,
34    and  the  Department  of  State  Police  upon   investigation
35    ascertains  that  the applicant has not been convicted of any
 
                            -11-           LRB9205698NTpkccr5
 1    of the enumerated criminal or drug offenses in subsection (c)
 2    or has not been convicted, within 7 years of the  application
 3    for  employment with the school district, of any other felony
 4    under the laws of this State or of any offense  committed  or
 5    attempted  in  any  other  state  or  against the laws of the
 6    United States that, if committed or attempted in this  State,
 7    would have been punishable as a felony under the laws of this
 8    State  and  so notifies the regional superintendent, then the
 9    regional  superintendent  shall  issue  to  the  applicant  a
10    certificate evidencing that as of the date specified  by  the
11    Department  of  State  Police  the  applicant  has  not  been
12    convicted  of any of the enumerated criminal or drug offenses
13    in subsection (c) or has not been convicted, within  7  years
14    of  the  application for employment with the school district,
15    of any other felony under the laws of this State  or  of  any
16    offense  committed or attempted in any other state or against
17    the laws of the United States that, if committed or attempted
18    in this State, would have been punishable as a  felony  under
19    the  laws  of  this  State.   The  school board of any school
20    district located in the educational service region served  by
21    the  regional superintendent who issues such a certificate to
22    an applicant for employment as a substitute teacher  in  more
23    than  one such district may rely on the certificate issued by
24    the  regional  superintendent  to  that  applicant,  or   may
25    initiate  its  own investigation of the applicant through the
26    Department of State Police as provided in subsection (a). Any
27    person who releases any confidential  information  concerning
28    any  criminal  convictions  of an applicant for employment or
29    student teacher shall be guilty of  a  Class  A  misdemeanor,
30    unless  the release of such information is authorized by this
31    Section.
32        (c)  No school board shall knowingly employ a  person  or
33    knowingly  allow  a  person  to  student  teach  who has been
34    convicted for committing attempted first degree murder or for
35    committing or attempting to commit first degree murder  or  a
 
                            -12-           LRB9205698NTpkccr5
 1    Class  X felony or any one or more of the following offenses:
 2    (i) those defined  in  Sections  11-6,  11-9,  11-14,  11-15,
 3    11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
 4    11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
 5    "Criminal  Code of 1961"; (ii) those defined in the "Cannabis
 6    Control Act" except those defined in Sections 4(a), 4(b)  and
 7    5(a)  of  that  Act;  (iii)  those  defined  in the "Illinois
 8    Controlled Substances Act"; and (iv) any offense committed or
 9    attempted in any other state  or  against  the  laws  of  the
10    United States, which if committed or attempted in this State,
11    would  have  been  punishable as one or more of the foregoing
12    offenses. Further, no school board shall knowingly  employ  a
13    person  or  knowingly allow a person to student teach who has
14    been found to be the perpetrator of sexual or physical  abuse
15    of  any  minor  under 18 years of age pursuant to proceedings
16    under Article II of the Juvenile Court Act of 1987.
17        (d)  No school board shall knowingly employ a  person  or
18    knowingly allow a person to student teach for whom a criminal
19    background investigation has not been 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
35    and  assigned  to more than one school district, the regional
 
                            -13-           LRB9205698NTpkccr5
 1    superintendent of the educational service region in which the
 2    contracting school districts are located may, at the  request
 3    of any such school district, be responsible for receiving the
 4    authorization   for   investigation  prepared  by  each  such
 5    employee and submitting the same to the Department  of  State
 6    Police.   Any information concerning the record of conviction
 7    of any such employee obtained by the regional  superintendent
 8    shall   be   promptly   reported  to  the  president  of  the
 9    appropriate school board or school boards.
10    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

11        (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
12        Sec. 34-18.5.  Criminal background investigations.
13        (a)  Except as otherwise provided in subsection (a-5)  of
14    this Section After August 1, 1985, certified and noncertified
15    applicants  for  employment  with  the  school  district  and
16    student  teachers assigned to the district are required, as a
17    condition of employment or student teaching in that district,
18    to authorize an investigation to determine if such applicants
19    or student  teachers  have  been  convicted  of  any  of  the
20    enumerated  criminal  or  drug  offenses in subsection (c) of
21    this Section or have been convicted, within 7  years  of  the
22    application  for  employment  with  the school district or of
23    being assigned as a student teacher to that district, of  any
24    other  felony  under the laws of this State or of any offense
25    committed or attempted in any other state or against the laws
26    of the United States that, if committed or attempted in  this
27    State,  would have been punishable as a felony under the laws
28    of this State. Authorization for the investigation  shall  be
29    furnished  by  the applicant or student teacher to the school
30    district, except  that  if  the  applicant  is  a  substitute
31    teacher  seeking employment in more than one school district,
32    or  a  teacher  seeking   concurrent   part-time   employment
33    positions  with  more  than one school district (as a reading
34    specialist, special education teacher or  otherwise),  or  an
 
                            -14-           LRB9205698NTpkccr5
 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
 4    investigation   to   the   regional   superintendent  of  the
 5    educational service region in which are  located  the  school
 6    districts  in  which the applicant is seeking employment as a
 7    substitute or  concurrent  part-time  teacher  or  concurrent
 8    educational  support personnel employee. Upon receipt of this
 9    authorization,  the  school  district  or   the   appropriate
10    regional superintendent, as the case may be, shall submit the
11    applicant's  or  student  teacher's  name, sex, race, date of
12    birth and social security number to the Department  of  State
13    Police  on  forms  prescribed by the Department. The regional
14    superintendent submitting the requisite  information  to  the
15    Department  of  State Police shall promptly notify the school
16    districts in which the applicant is seeking employment  as  a
17    substitute  or  concurrent  part-time  teacher  or concurrent
18    educational support personnel employee that the investigation
19    of the applicant has been requested. The Department of  State
20    Police  shall  conduct  an  investigation to ascertain if the
21    applicant being considered for employment or student  teacher
22    has  been convicted of any of the enumerated criminal or drug
23    offenses in subsection (c) or has been  convicted,  within  7
24    years  of  the  application  for  employment  with the school
25    district or of being assigned as a student  teacher  to  that
26    district, of any other felony under the laws of this State or
27    of  any  offense committed or attempted in any other state or
28    against the laws of the United States that, if  committed  or
29    attempted  in  this  State,  would  have been punishable as a
30    felony under the laws of this State.   The  Department  shall
31    charge  the  school  district  or  the  appropriate  regional
32    superintendent a fee for conducting such investigation, which
33    fee  shall be deposited in the State Police Services Fund and
34    shall not exceed the cost of the inquiry; and  the  applicant
35    or  student  teacher  shall  not  be  charged  a fee for such
 
                            -15-           LRB9205698NTpkccr5
 1    investigation by the  school  district  or  by  the  regional
 2    superintendent.    The   regional   superintendent  may  seek
 3    reimbursement from  the  State  Board  of  Education  or  the
 4    appropriate school district or districts for fees paid by the
 5    regional  superintendent  to  the Department for the criminal
 6    background investigations required by this Section.
 7        (a-5)  If a student  teacher  has  undergone  a  criminal
 8    background  investigation  under  this Section and, within 18
 9    months after the  investigation  is  conducted,  that  former
10    student  teacher  is  hired  as a full-time employee with the
11    school district, then the former student teacher shall not be
12    required to undergo another criminal background investigation
13    under this Section.
14        (b)  The Department shall furnish, pursuant  to  positive
15    identification,  records  of  convictions, until expunged, to
16    the president of  the  board  of  education  for  the  school
17    district   which  requested  the  investigation,  or  to  the
18    regional superintendent who requested the investigation.  Any
19    information concerning the record of convictions obtained  by
20    the  president  of  the  board  of  education or the regional
21    superintendent  shall  be  confidential  and  may   only   be
22    transmitted  to  the  general  superintendent  of  the school
23    district  or   his   designee,   the   appropriate   regional
24    superintendent  if  the  investigation  was  requested by the
25    board of education for the school district, the presidents of
26    the appropriate board of education or school  boards  if  the
27    investigation  was  requested  from  the  Department of State
28    Police   by   the   regional   superintendent,   the    State
29    Superintendent  of Education, the State Teacher Certification
30    Board or any other person necessary to the decision of hiring
31    the applicant for employment or assigning the student teacher
32    to a school district. A copy of  the  record  of  convictions
33    obtained  from  the  Department  of  State  Police  shall  be
34    provided  to the applicant for employment or student teacher.
35    If an investigation of  an  applicant  for  employment  as  a
 
                            -16-           LRB9205698NTpkccr5
 1    substitute  or  concurrent  part-time  teacher  or concurrent
 2    educational support  personnel  employee  in  more  than  one
 3    school district was requested by the regional superintendent,
 4    and   the  Department  of  State  Police  upon  investigation
 5    ascertains that the applicant has not been convicted  of  any
 6    of the enumerated criminal or drug offenses in subsection (c)
 7    or  has not been convicted, within 7 years of the application
 8    for employment with the school district, of any other  felony
 9    under  the  laws of this State or of any offense committed or
10    attempted in any other state  or  against  the  laws  of  the
11    United  States that, if committed or attempted in this State,
12    would have been punishable as a felony under the laws of this
13    State and so notifies the regional superintendent,  then  the
14    regional  superintendent  shall  issue  to  the  applicant  a
15    certificate  evidencing  that as of the date specified by the
16    Department  of  State  Police  the  applicant  has  not  been
17    convicted of any of the enumerated criminal or drug  offenses
18    in  subsection  (c) or has not been convicted, within 7 years
19    of the application for employment with the  school  district,
20    of  any  other  felony under the laws of this State or of any
21    offense committed or attempted in any other state or  against
22    the laws of the United States that, if committed or attempted
23    in  this  State, would have been punishable as a felony under
24    the laws of this State.   The  school  board  of  any  school
25    district  located in the educational service region served by
26    the regional superintendent who issues such a certificate  to
27    an  applicant  for  employment  as a substitute or concurrent
28    part-time teacher or concurrent educational support personnel
29    employee in more than one  such  district  may  rely  on  the
30    certificate  issued  by  the  regional superintendent to that
31    applicant, or may  initiate  its  own  investigation  of  the
32    applicant  through the Department of State Police as provided
33    in subsection (a). Any person who releases  any  confidential
34    information   concerning   any  criminal  convictions  of  an
35    applicant for employment or student teacher shall  be  guilty
 
                            -17-           LRB9205698NTpkccr5
 1    of  a  Class  A  misdemeanor,  unless  the  release  of  such
 2    information is authorized by this Section.
 3        (c)  The  board of education shall not knowingly employ a
 4    person or knowingly allow a person to student teach  who  has
 5    been  convicted  for committing attempted first degree murder
 6    or for committing or attempting to commit first degree murder
 7    or a Class X felony or any  one  or  more  of  the  following
 8    offenses:   (i)  those defined in Sections 11-6, 11-9, 11-14,
 9    11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
10    11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16
11    of the Criminal Code of  1961;  (ii)  those  defined  in  the
12    Cannabis  Control Act, except those defined in Sections 4(a),
13    4(b) and 5(a)  of  that  Act;  (iii)  those  defined  in  the
14    Illinois  Controlled  Substances  Act;  and  (iv) any offense
15    committed or attempted in any other state or against the laws
16    of the United States, which if committed or attempted in this
17    State, would have been punishable  as  one  or  more  of  the
18    foregoing offenses. Further, the board of education shall not
19    knowingly  employ  a  person  or  knowingly allow a person to
20    student teach who has been found to  be  the  perpetrator  of
21    sexual  or  physical abuse of any minor under 18 years of age
22    pursuant to proceedings under  Article  II  of  the  Juvenile
23    Court Act of 1987.
24        (d)  The  board of education shall not knowingly employ a
25    person or knowingly allow a person to student teach for  whom
26    a criminal background investigation has not been initiated.
27        (e)  Upon  receipt  of the record of a conviction of or a
28    finding of child abuse by a holder of any certificate  issued
29    pursuant  to  Article  21  or  Section 34-8.1 or 34-83 of the
30    School  Code,  the  board   of   education   or   the   State
31    Superintendent  of  Education  shall initiate the certificate
32    suspension and revocation proceedings authorized by law.
33        (f)  After March 19, 1990, the provisions of this Section
34    shall apply to all employees  of  persons  or  firms  holding
35    contracts with any school district including, but not limited
 
                            -18-           LRB9205698NTpkccr5
 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. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law, except that the changes to Sections 10-21.9 and
19    34-18.5 of the School Code take effect on July 1, 2002.".

20        Submitted on November 14, 2001.

21    s/Sen. Ed Petka                          s/Rep. Calvin L. Giles        
22    s/Sen. Dan Cronin                          Rep. Barbara Flynn Currie   
23    s/Sen. Peter Roskam                        Rep. Gary Hannig            
24    s/Sen. Lisa Madigan                        Rep. Art Tenhouse           
25    s/Sen. Vince Demuzio                       Rep. Dan Rutherford         
26      Committee for the Senate               Committee for the House

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