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92_HB1840sam001 LRB9205698NTsbam10 1 AMENDMENT TO HOUSE BILL 1840 2 AMENDMENT NO. . Amend House Bill 1840 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The School Code is amended by adding Section 5 7-31 and changing Sections 10-21.9 and 34-18.5 as follows: 6 (105 ILCS 5/7-31 new) 7 Sec. 7-31. Annexation of contiguous portion of 8 elementary or high school district. 9 (a) Notwithstanding any other provision of this Code, 10 any contiguous portion of an elementary school district must 11 be detached from that district and annexed to an adjoining 12 elementary school district to which the portion is also 13 contiguous and any contiguous portion of a high school 14 district must be detached from that district and annexed to 15 an adjoining school district to which the portion is also 16 contiguous (herein referred to as "the Territory") upon a 17 petition or petitions filed under this Section if all of the 18 following conditions are met with respect to each petition: 19 (1) The Territory is to be detached from a school 20 district that is located predominantly (meaning more than 21 50% of the district's area) in a county of not less 22 than 2,000,000 and is to be annexed into a school -2- LRB9205698NTsbam10 1 district located overwhelmingly (meaning more than 75% of 2 its area) in a county of not less than 750,000 and not 3 more than 1,500,000, and, on the effective date of this 4 amendatory Act of the 92nd General Assembly, the 5 Territory consists of not more than 500 acres of which 6 not more than 325 acres is vacant land and of which not 7 more than 175 acres is either platted for or improved 8 with residences and is located predominately (meaning 9 more than 50% of its area) within one municipality that 10 is (i) located predominantly (meaning more than 50% of 11 the area of the municipality) outside the elementary or 12 high school district from which the Territory is to be 13 detached and (ii) located partly or wholly within the 14 territorial boundaries of the adjoining elementary or 15 high school district to which the Territory is to be 16 annexed. Conclusive proof of the boundaries of each 17 school district and each municipality is a document or 18 documents setting forth the boundaries and certified by 19 the county clerk of each county as being a correct copy 20 of records on file with the county clerk as of a date not 21 more than 60 days before the filing of a petition under 22 this Section. If the records of the 2 county clerks show 23 boundaries as of different dates, those records are 24 deemed contemporaneous for purposes of this Section. 25 (2) The equalized assessed valuation of the taxable 26 property of the Territory constitutes less than 5% of 27 the equalized assessed valuation of the taxable property 28 of the school district from which it is be detached. 29 Conclusive proof of the equalized assessed valuation of 30 each district is a document or documents stating the 31 equalized assessed valuation and certified, by the county 32 clerk of a county of not less than 2,000,000 and by the 33 county or township assessor in a county of not less than 34 750,000 and not more than 1,500,000, as correct by the -3- LRB9205698NTsbam10 1 certifying office as of a date not more than 60 days 2 before the filing of a petition under this Section. If 3 the records from the 2 counties show equalized assessed 4 valuation as of different dates, those records are deemed 5 contemporaneous for purposes of this Section. 6 (3) The Territory is predominately (meaning more 7 than 50% of its area) within a municipality that is 8 predominantly (meaning more than 50% of the area of the 9 municipality) within a county of not less than 750,000 10 and not more than 1,500,000. Conclusive proof of 11 boundaries of the municipality is a document or 12 documents setting forth the boundaries and certified by 13 the county clerk of the county as correct as of a date 14 not more than 60 days before the filing of a petition 15 under this Section. 16 (4) The Territory, as of a date not more than 60 17 days before the filing of a petition, has not been 18 developed with structures for commercial, office, or 19 industrial uses, except for temporary buildings or 20 structures constructed pursuant to a permit or permits by 21 the applicable permitting authority for an initial term 22 of not more than 15 years. Conclusive proof of the 23 development of the land is a notarized statement, as of a 24 date not more than 60 days before the filing of a 25 petition under this Section, by a specially qualified 26 professional land surveyor licensed by the State of 27 Illinois. In this Section, "specially qualified 28 professional land surveyor" means a specially qualified 29 professional land surveyor whose credentials include 30 serving or having served as a paid advisor or consultant 31 to at least 2 of the following: any department, board, 32 commission, authority, or other agency of the State of 33 Illinois. 34 (5) The area of the Territory is 5% or less of the -4- LRB9205698NTsbam10 1 area of the school district from which it is to be 2 detached. Conclusive proof of the areas is a notarized 3 written statement by a specially qualified professional 4 land surveyor licensed by the State of Illinois. 5 (6) Travel on public roads within 5 miles from the 6 Territory to schools in the school district from which 7 the Territory is to be detached requires crossing an 8 interstate highway. Travel on public roads within 5 miles 9 from the Territory to schools in the school district to 10 which the Territory is to be annexed does not require 11 crossing an interstate highway. Conclusive proof of the 12 facts in this paragraph (6) is a notarized written 13 statement by a specially qualified professional land 14 surveyor licensed by the State of Illinois. 15 (b) No school district may lose more than 5% of its 16 equalized assessed valuation nor more than 5% of its 17 territory through petitions filed under this Section. If a 18 petition seeks to detach territory that would result in a 19 cumulative total of more than 5% of the district's equalized 20 assessed valuation or more than 5% of the district's 21 territory being detached under this Section, the petition 22 shall be denied without prejudice to its being filed pursuant 23 to Section 7-6 of this Code. 24 (c) Conclusive proof of the population of a county is 25 the most recent federal decennial census. 26 (d) A petition filed under this Section with respect to 27 the Territory must be filed with the State Superintendent of 28 Education at the office of the State Board of Education in 29 Springfield, Illinois not later than 24 months after the 30 effective date of this amendatory Act of the 92nd General 31 Assembly and (i) in the case of any portion of the Territory 32 not developed with residences, signed by or on behalf of the 33 taxpayers of record of properties constituting 60% or more of 34 the land not so developed and (ii) in the case of any portion -5- LRB9205698NTsbam10 1 of the Territory developed by residences, signed by 60% or 2 more of registered voters residing in the residences. 3 Conclusive proof of who are the taxpayers of record is a 4 document certified by the assessor of the county or township 5 in which the property is located as of a date not more than 6 60 days before the filing of a petition under this Section. 7 Conclusive proof of who are registered voters is a document 8 certified by the board of election commissioners for the 9 county in which the registered voters reside as of a date not 10 earlier than 60 days before the filing of the petition. 11 Conclusive proof of the area of the Territory and the area of 12 properties within the Territory is a survey or notarized 13 statement, as of a date not more than 60 days before the 14 filing of the petition, by a specially qualified professional 15 land surveyor licensed by the State of Illinois. 16 (e) The State Superintendent of Education must (1) hold 17 a hearing on each petition at the office of the State Board 18 of Education in Springfield, Illinois within 90 days after 19 the date of filing; (2) render a decision granting or denying 20 the petition within 30 days after the hearing; and (3) within 21 14 days after the decision, serve a copy of the decision by 22 certified mail, return receipt requested, upon the 23 petitioners and upon the school boards of the school 24 districts from which the territory described in the petition 25 is sought to be detached and to which the territory is sought 26 to be annexed. If petitions are filed pertaining to an 27 elementary school district and a high school district 28 described in this Section, if the petitions pertain to land 29 not developed with residences, and if the 2 petitions are 30 filed within 28 days of each other, the petitions must be 31 consolidated for hearing and heard at the same hearing. If 32 petitions are filed pertaining to an elementary school 33 district and a high school district described in this 34 Section, if the petitions pertain to land developed with -6- LRB9205698NTsbam10 1 residences, and if the petitions are filed within 28 days of 2 each other, the 2 petitions must be consolidated for hearing 3 and heard at the same hearing. If the State Superintendent of 4 Education does not serve a copy of the decision within the 5 time and in the manner required, any petitioner has the right 6 to obtain, in the circuit court of the county in which the 7 petition was filed, a mandamus requiring the State 8 Superintendent of Education to serve the decision immediately 9 to the parties in the manner required. Upon proof that the 10 State Superintendent of Education has not served the decision 11 to the parties or in the manner required, the circuit court 12 must immediately issue the order. 13 The State Superintendent of Education has no authority or 14 discretion to hear any evidence or consider any issues at the 15 hearing except those that may be necessary to determine 16 whether the conditions and limitations of this Section have 17 been met. If the State Superintendent of Education finds that 18 such conditions and limitations have been met, the State 19 Superintendent of Education must grant the petition. 20 The State Superintendent of Education must (i) give 21 written notice of the time and place of the hearing not less 22 than 30 days prior to the date of the hearing to the school 23 board of the school district from which the territory 24 described in the petition is to be detached and to the school 25 board of the school district to which the territory is to be 26 annexed and (ii) publish notice of the hearing in a newspaper 27 that is circulated within the county in which the territory 28 described in the petition is located and is circulated within 29 the school districts whose school boards are entitled to 30 notice. 31 (f) If the granting of a petition filed under this 32 Section has become final either through failure to seek 33 administrative review or by the final decision of a court on 34 review, the change in boundaries becomes effective forthwith -7- LRB9205698NTsbam10 1 and for all purposes, except that if granting of the petition 2 becomes final between September 1 of any year and June 30 of 3 the following year, the administration of and attendance at 4 the schools are not affected until July 1 of the following 5 year, at which time the change becomes effective for all 6 purposes. After the granting of the petition becomes final, 7 the date when the change becomes effective for purposes of 8 administration and attendance may, in the case of land 9 improved with residences, be accelerated or postponed either 10 (i) by stipulation of the school boards of the school 11 districts from which the territory described in the petition 12 is detached and to which the territory is annexed or (ii) by 13 stipulation of the registered voters who signed the 14 petition. Their stipulation may be contained in the petition 15 or a separate document signed by them. Their stipulation must 16 be filed with the State Superintendent of Education not later 17 than 120 days after approval of their petition. 18 (g) The decision of the State Superintendent of 19 Education is a final "administrative decision" as defined in 20 Section 3-101 of the Code of Civil Procedure, and any 21 petitioner or the school board of the school district from 22 which the land is to be detached or of the school district to 23 which the land is to be annexed may, within 35 days after a 24 copy of the decision sought to be reviewed was served by 25 certified mail upon the affected party thereby or upon an 26 attorney of record for such party, apply for a review of the 27 decision in accordance with the Administrative Review Law and 28 the rules adopted pursuant to the Administrative Review Law. 29 Standing to apply for or in any manner seek review of the 30 decision is limited exclusively to a petitioner or school 31 district described in this Section. 32 The commencement of any action for review operates as a 33 supersedeas, and no further proceedings are allowed until 34 final disposition of the review. The circuit court of the -8- LRB9205698NTsbam10 1 county in which the petition is filed with the State 2 Superintendent of Education has sole jurisdiction to 3 entertain a complaint for review. 4 (h) This Section (i) is not limited by and operates 5 independently of all other provisions of this Article and 6 (ii) constitutes complete authority for the granting or 7 denial by the State Superintendent of Education of a 8 petition filed under this Section when the conditions 9 prescribed by this Section for the filing of that petition 10 are met or not met as the case may be. 11 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) 12 Sec. 10-21.9. 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 a school district,(except 16 school bus driver applicants) and, if the school district so 17 requires, student teachers assigned to the district,are 18 required, as a condition of employment or student teaching in 19 that district, to authorize an investigation to determine if 20 such applicants or student teachers have been convicted of 21 any of the enumerated criminal or drug offenses in subsection 22 (c) of this Section or have been convicted, within 7 years of 23 the application for employment with the school district or of 24 being assigned as a student teacher to that district, of any 25 other felony under the laws of this State or of any offense 26 committed or attempted in any other state or against the laws 27 of the United States that, if committed or attempted in this 28 State, would have been punishable as a felony under the laws 29 of this State. Authorization for the investigation shall be 30 furnished by the applicant or student teacher to the school 31 district, except that if the applicant is a substitute 32 teacher seeking employment in more than one school district, 33 a teacher seeking concurrent part-time employment positions -9- LRB9205698NTsbam10 1 with more than one school district (as a reading specialist, 2 special education teacher or otherwise), or an educational 3 support personnel employee seeking employment positions with 4 more than one district, any such district may require the 5 applicant to furnish authorization for the investigation to 6 the regional superintendent of the educational service region 7 in which are located the school districts in which the 8 applicant is seeking employment as a substitute or concurrent 9 part-time teacher or concurrent educational support personnel 10 employee. Upon receipt of this authorization, the school 11 district or the appropriate regional superintendent, as the 12 case may be, shall submit the applicant's or student 13 teacher's name, sex, race, date of birth and social security 14 number to the Department of State Police on forms prescribed 15 by the Department. The regional superintendent submitting the 16 requisite information to the Department of State Police shall 17 promptly notify the school districts in which the applicant 18 is seeking employment as a substitute or concurrent part-time 19 teacher or concurrent educational support personnel employee 20 that the investigation of the applicant has been requested. 21 The Department of State Police shall conduct an investigation 22 to ascertain if the applicant being considered for employment 23 or student teacher has been convicted of any of the 24 enumerated criminal or drug offenses in subsection (c) or has 25 been convicted, within 7 years of the application for 26 employment with the school district or of being assigned as a 27 student teacher to that district, of any other felony under 28 the laws of this State or of any offense committed or 29 attempted in any other state or against the laws of the 30 United States that, if committed or attempted in this State, 31 would have been punishable as a felony under the laws of this 32 State. The Department shall charge the school district or 33 the appropriate regional superintendent a fee for conducting 34 such investigation, which fee shall be deposited in the State -10- LRB9205698NTsbam10 1 Police Services Fund and shall not exceed the cost of the 2 inquiry; and the applicant or student teacher shall not be 3 charged a fee for such investigation by the school district 4 or by the regional superintendent. The regional 5 superintendent may seek reimbursement from the State Board of 6 Education or the appropriate school district or districts for 7 fees paid by the regional superintendent to the Department 8 for the criminal background investigations required by this 9 Section. 10 (a-5) If a school district requires a student teacher to 11 undergo a criminal background investigation under this 12 Section and, within 18 months after the investigation is 13 conducted, that former student teacher is hired as a 14 full-time employee with the school district, then the former 15 student teacher shall not be required to undergo another 16 criminal background investigation under this Section. 17 (b) The Department shall furnish, pursuant to positive 18 identification, records of convictions, until expunged, to 19 the president of the school board for the school district 20 which requested the investigation, or to the regional 21 superintendent who requested the investigation. Any 22 information concerning the record of convictions obtained by 23 the president of the school board or the regional 24 superintendent shall be confidential and may only be 25 transmitted to the superintendent of the school district or 26 his designee, the appropriate regional superintendent if the 27 investigation was requested by the school district, the 28 presidents of the appropriate school boards if the 29 investigation was requested from the Department of State 30 Police by the regional superintendent, the State 31 Superintendent of Education, the State Teacher Certification 32 Board or any other person necessary to the decision of hiring 33 the applicant for employment or assigning the student teacher 34 to a school district. A copy of the record of convictions -11- LRB9205698NTsbam10 1 obtained from the Department of State Police shall be 2 provided to the applicant for employment or student teacher. 3 If an investigation of an applicant for employment as a 4 substitute or concurrent part-time teacher or concurrent 5 educational support personnel employee in more than one 6 school district was requested by the regional superintendent, 7 and the Department of State Police upon investigation 8 ascertains that the applicant has not been convicted of any 9 of the enumerated criminal or drug offenses in subsection (c) 10 or has not been convicted, within 7 years of the application 11 for employment with the school district, of any other felony 12 under the laws of this State or of any offense committed or 13 attempted in any other state or against the laws of the 14 United States that, if committed or attempted in this State, 15 would have been punishable as a felony under the laws of this 16 State and so notifies the regional superintendent, then the 17 regional superintendent shall issue to the applicant a 18 certificate evidencing that as of the date specified by the 19 Department of State Police the applicant has not been 20 convicted of any of the enumerated criminal or drug offenses 21 in subsection (c) or has not been convicted, within 7 years 22 of the application for employment with the school district, 23 of any other felony under the laws of this State or of any 24 offense committed or attempted in any other state or against 25 the laws of the United States that, if committed or attempted 26 in this State, would have been punishable as a felony under 27 the laws of this State. The school board of any school 28 district located in the educational service region served by 29 the regional superintendent who issues such a certificate to 30 an applicant for employment as a substitute teacher in more 31 than one such district may rely on the certificate issued by 32 the regional superintendent to that applicant, or may 33 initiate its own investigation of the applicant through the 34 Department of State Police as provided in subsection (a). Any -12- LRB9205698NTsbam10 1 person who releases any confidential information concerning 2 any criminal convictions of an applicant for employment or 3 student teacher shall be guilty of a Class A misdemeanor, 4 unless the release of such information is authorized by this 5 Section. 6 (c) No school board shall knowingly employ a person or 7 knowingly allow a person to student teach who has been 8 convicted for committing attempted first degree murder or for 9 committing or attempting to commit first degree murder or a 10 Class X felony or any one or more of the following offenses: 11 (i) those defined in Sections 11-6, 11-9, 11-14, 11-15, 12 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 13 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the 14 "Criminal Code of 1961"; (ii) those defined in the "Cannabis 15 Control Act" except those defined in Sections 4(a), 4(b) and 16 5(a) of that Act; (iii) those defined in the "Illinois 17 Controlled Substances Act"; and (iv) any offense committed or 18 attempted in any other state or against the laws of the 19 United States, which if committed or attempted in this State, 20 would have been punishable as one or more of the foregoing 21 offenses. Further, no school board shall knowingly employ a 22 person or knowingly allow a person to student teach who has 23 been found to be the perpetrator of sexual or physical abuse 24 of any minor under 18 years of age pursuant to proceedings 25 under Article II of the Juvenile Court Act of 1987. This 26 subsection (c) does not apply to a student teacher who is not 27 required by the school district to undergo a criminal 28 background investigation. 29 (d) No school board shall knowingly employ a person or 30 knowingly allow a person to student teach for whom a criminal 31 background investigation has not been initiated. This 32 subsection (d) does not apply to a student teacher who is not 33 required by the school district to undergo a criminal 34 background investigation. -13- LRB9205698NTsbam10 1 (e) Upon receipt of the record of a conviction of or a 2 finding of child abuse by a holder of any certificate issued 3 pursuant to Article 21 or Section 34-8.1 or 34-83 of the 4 School Code, the appropriate regional superintendent of 5 schools or the State Superintendent of Education shall 6 initiate the certificate suspension and revocation 7 proceedings authorized by law. 8 (f) After January 1, 1990 the provisions of this Section 9 shall apply to all employees of persons or firms holding 10 contracts with any school district including, but not limited 11 to, food service workers, school bus drivers and other 12 transportation employees, who have direct, daily contact with 13 the pupils of any school in such district. For purposes of 14 criminal background investigations on employees of persons or 15 firms holding contracts with more than one school district 16 and assigned to more than one school district, the regional 17 superintendent of the educational service region in which the 18 contracting school districts are located may, at the request 19 of any such school district, be responsible for receiving the 20 authorization for investigation prepared by each such 21 employee and submitting the same to the Department of State 22 Police. Any information concerning the record of conviction 23 of any such employee obtained by the regional superintendent 24 shall be promptly reported to the president of the 25 appropriate school board or school boards. 26 (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) 27 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) 28 Sec. 34-18.5. Criminal background investigations. 29 (a) Except as otherwise provided in subsection (a-5) of 30 this SectionAfter August 1, 1985, certified and noncertified 31 applicants for employment with the school district and, if 32 the school district so requires, student teachers assigned to 33 the district are required, as a condition of employment or -14- LRB9205698NTsbam10 1 student teaching in that district, to authorize an 2 investigation to determine if such applicants or student 3 teachers have been convicted of any of the enumerated 4 criminal or drug offenses in subsection (c) of this Section 5 or have been convicted, within 7 years of the application for 6 employment with the school district or of being assigned as a 7 student teacher to that district, of any other felony under 8 the laws of this State or of any offense committed or 9 attempted in any other state or against the laws of the 10 United States that, if committed or attempted in this State, 11 would have been punishable as a felony under the laws of this 12 State. Authorization for the investigation shall be furnished 13 by the applicant or student teacher to the school district, 14 except that if the applicant is a substitute teacher seeking 15 employment in more than one school district, or a teacher 16 seeking concurrent part-time employment positions with more 17 than one school district (as a reading specialist, special 18 education teacher or otherwise), or an educational support 19 personnel employee seeking employment positions with more 20 than one district, any such district may require the 21 applicant to furnish authorization for the investigation to 22 the regional superintendent of the educational service region 23 in which are located the school districts in which the 24 applicant is seeking employment as a substitute or concurrent 25 part-time teacher or concurrent educational support personnel 26 employee. Upon receipt of this authorization, the school 27 district or the appropriate regional superintendent, as the 28 case may be, shall submit the applicant's or student 29 teacher's name, sex, race, date of birth and social security 30 number to the Department of State Police on forms prescribed 31 by the Department. The regional superintendent submitting the 32 requisite information to the Department of State Police shall 33 promptly notify the school districts in which the applicant 34 is seeking employment as a substitute or concurrent part-time -15- LRB9205698NTsbam10 1 teacher or concurrent educational support personnel employee 2 that the investigation of the applicant has been requested. 3 The Department of State Police shall conduct an investigation 4 to ascertain if the applicant being considered for employment 5 or student teacher has been convicted of any of the 6 enumerated criminal or drug offenses in subsection (c) or has 7 been convicted, within 7 years of the application for 8 employment with the school district or of being assigned as a 9 student teacher to that district, of any other felony under 10 the laws of this State or of any offense committed or 11 attempted in any other state or against the laws of the 12 United States that, if committed or attempted in this State, 13 would have been punishable as a felony under the laws of this 14 State. The Department shall charge the school district or 15 the appropriate regional superintendent a fee for conducting 16 such investigation, which fee shall be deposited in the State 17 Police Services Fund and shall not exceed the cost of the 18 inquiry; and the applicant or student teacher shall not be 19 charged a fee for such investigation by the school district 20 or by the regional superintendent. The regional 21 superintendent may seek reimbursement from the State Board of 22 Education or the appropriate school district or districts for 23 fees paid by the regional superintendent to the Department 24 for the criminal background investigations required by this 25 Section. 26 (a-5) If the school district requires a student teacher 27 to undergo a criminal background investigation under this 28 Section and, within 18 months after the investigation is 29 conducted, that former student teacher is hired as a 30 full-time employee with the school district, then the former 31 student teacher shall not be required to undergo another 32 criminal background investigation under this Section. 33 (b) The Department shall furnish, pursuant to positive 34 identification, records of convictions, until expunged, to -16- LRB9205698NTsbam10 1 the president of the board of education for the school 2 district which requested the investigation, or to the 3 regional superintendent who requested the investigation. Any 4 information concerning the record of convictions obtained by 5 the president of the board of education or the regional 6 superintendent shall be confidential and may only be 7 transmitted to the general superintendent of the school 8 district or his designee, the appropriate regional 9 superintendent if the investigation was requested by the 10 board of education for the school district, the presidents of 11 the appropriate board of education or school boards if the 12 investigation was requested from the Department of State 13 Police by the regional superintendent, the State 14 Superintendent of Education, the State Teacher Certification 15 Board or any other person necessary to the decision of hiring 16 the applicant for employment or assigning the student teacher 17 to a school district. A copy of the record of convictions 18 obtained from the Department of State Police shall be 19 provided to the applicant for employment or student teacher. 20 If an investigation of an applicant for employment as a 21 substitute or concurrent part-time teacher or concurrent 22 educational support personnel employee in more than one 23 school district was requested by the regional superintendent, 24 and the Department of State Police upon investigation 25 ascertains that the applicant has not been convicted of any 26 of the enumerated criminal or drug offenses in subsection (c) 27 or has not been convicted, within 7 years of the application 28 for employment with the school district, of any other felony 29 under the laws of this State or of any offense committed or 30 attempted in any other state or against the laws of the 31 United States that, if committed or attempted in this State, 32 would have been punishable as a felony under the laws of this 33 State and so notifies the regional superintendent, then the 34 regional superintendent shall issue to the applicant a -17- LRB9205698NTsbam10 1 certificate evidencing that as of the date specified by the 2 Department of State Police the applicant has not been 3 convicted of any of the enumerated criminal or drug offenses 4 in subsection (c) or has not been convicted, within 7 years 5 of the application for employment with the school district, 6 of any other felony under the laws of this State or of any 7 offense committed or attempted in any other state or against 8 the laws of the United States that, if committed or attempted 9 in this State, would have been punishable as a felony under 10 the laws of this State. The school board of any school 11 district located in the educational service region served by 12 the regional superintendent who issues such a certificate to 13 an applicant for employment as a substitute or concurrent 14 part-time teacher or concurrent educational support personnel 15 employee in more than one such district may rely on the 16 certificate issued by the regional superintendent to that 17 applicant, or may initiate its own investigation of the 18 applicant through the Department of State Police as provided 19 in subsection (a). Any person who releases any confidential 20 information concerning any criminal convictions of an 21 applicant for employment or student teacher shall be guilty 22 of a Class A misdemeanor, unless the release of such 23 information is authorized by this Section. 24 (c) The board of education shall not knowingly employ a 25 person or knowingly allow a person to student teach who has 26 been convicted for committing attempted first degree murder 27 or for committing or attempting to commit first degree murder 28 or a Class X felony or any one or more of the following 29 offenses: (i) those defined in Sections 11-6, 11-9, 11-14, 30 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 31 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 32 of the Criminal Code of 1961; (ii) those defined in the 33 Cannabis Control Act, except those defined in Sections 4(a), 34 4(b) and 5(a) of that Act; (iii) those defined in the -18- LRB9205698NTsbam10 1 Illinois Controlled Substances Act; and (iv) any offense 2 committed or attempted in any other state or against the laws 3 of the United States, which if committed or attempted in this 4 State, would have been punishable as one or more of the 5 foregoing offenses. Further, the board of education shall not 6 knowingly employ a person or knowingly allow a person to 7 student teach who has been found to be the perpetrator of 8 sexual or physical abuse of any minor under 18 years of age 9 pursuant to proceedings under Article II of the Juvenile 10 Court Act of 1987. This subsection (c) does not apply to a 11 student teacher who is not required by the school district to 12 undergo a criminal background investigation. 13 (d) The board of education shall not knowingly employ a 14 person or knowingly allow a person to student teach for whom 15 a criminal background investigation has not been initiated. 16 This subsection (d) does not apply to a student teacher who 17 is not required by the school district to undergo a criminal 18 background investigation. 19 (e) Upon receipt of the record of a conviction of or a 20 finding of child abuse by a holder of any certificate issued 21 pursuant to Article 21 or Section 34-8.1 or 34-83 of the 22 School Code, the board of education or the State 23 Superintendent of Education shall initiate the certificate 24 suspension and revocation proceedings authorized by law. 25 (f) After March 19, 1990, the provisions of this Section 26 shall apply to all employees of persons or firms holding 27 contracts with any school district including, but not limited 28 to, food service workers, school bus drivers and other 29 transportation employees, who have direct, daily contact with 30 the pupils of any school in such district. For purposes of 31 criminal background investigations on employees of persons or 32 firms holding contracts with more than one school district 33 and assigned to more than one school district, the regional 34 superintendent of the educational service region in which the -19- LRB9205698NTsbam10 1 contracting school districts are located may, at the request 2 of any such school district, be responsible for receiving the 3 authorization for investigation prepared by each such 4 employee and submitting the same to the Department of State 5 Police. Any information concerning the record of conviction 6 of any such employee obtained by the regional superintendent 7 shall be promptly reported to the president of the 8 appropriate school board or school boards. 9 (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.) 10 Section 99. Effective date. This Act takes effect upon 11 becoming law.".