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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 SectionAfter 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 SectionAfter 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