Public Act 102-0702
 
HB4316 EnrolledLRB102 20411 CMG 29271 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-21.9, 21B-75, 26A-30, 27A-5, and 34-18.5 and by adding
Sections 22-85.10 and 22-94 as follows:
 
    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
    Sec. 10-21.9. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
    (a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State. Authorization for the check shall be furnished by
the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent, except that those
applicants seeking employment as a substitute teacher with a
school district may be charged a fee not to exceed the cost of
the inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse school
districts and regional superintendents for fees paid to obtain
criminal history records checks under this Section.
    (a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
    (a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
    (b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
check was requested by the school district, the presidents of
the appropriate school boards if the check was requested from
the Illinois State Police by the regional superintendent, the
State Board of Education and a school district as authorized
under subsection (b-5), the State Superintendent of Education,
the State Educator Preparation and Licensure Board, any other
person necessary to the decision of hiring the applicant for
employment, or for clarification purposes the Illinois State
Police or Statewide Sex Offender Database, or both. A copy of
the record of convictions obtained from the Illinois State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
    (b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
    (c) No school board shall knowingly employ a person who
has been convicted of any offense that would subject him or her
to license suspension or revocation pursuant to Section 21B-80
of this Code, except as provided under subsection (b) of
Section 21B-80. Further, no school board shall knowingly
employ a person who has been found to be the perpetrator of
sexual or physical abuse of any minor under 18 years of age
pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. As a condition of employment, each school board
must consider the status of a person who has been issued an
indicated finding of abuse or neglect of a child by the
Department of Children and Family Services under the Abused
and Neglected Child Reporting Act or by a child welfare agency
of another jurisdiction.
    (d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check have not been initiated.
    (e) Within 10 days after a superintendent, regional office
of education, or entity that provides background checks of
license holders to public schools receives information of a
pending criminal charge against a license holder for an
offense set forth in Section 21B-80 of this Code, the
superintendent, regional office of education, or entity must
notify the State Superintendent of Education of the pending
criminal charge.
    If permissible by federal or State law, no later than 15
business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of
any license holder who has been convicted of a crime set forth
in Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 or
34-83 of the School Code, the State Superintendent of
Education may initiate licensure suspension and revocation
proceedings as authorized by law. If the receipt of the record
of conviction or finding of child abuse is received within 6
months after the initial grant of or renewal of a license, the
State Superintendent of Education may rescind the license
holder's license.
    (e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of
Education and the applicable regional superintendent of
schools of any license holder whom he or she has reasonable
cause to believe has committed (i) an intentional act of abuse
or neglect with the result of making a child an abused child or
a neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, or (ii) an act of sexual
misconduct, as defined in Section 22-85.5 of this Code, and
that act resulted in the license holder's dismissal or
resignation from the school district. This notification must
be submitted within 30 days after the dismissal or resignation
and must include the Illinois Educator Identification Number
(IEIN) of the license holder and a brief description of the
misconduct alleged. The license holder must also be
contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this subsection (e-5) is confidential
and must not be disclosed to third parties, except (i) as
necessary for the State Superintendent of Education or his or
her designee to investigate and prosecute pursuant to Article
21B of this Code, (ii) pursuant to a court order, (iii) for
disclosure to the license holder or his or her representative,
or (iv) as otherwise provided in this Article and provided
that any such information admitted into evidence in a hearing
is exempt from this confidentiality and non-disclosure
requirement. Except for an act of willful or wanton
misconduct, any superintendent who provides notification as
required in this subsection (e-5) shall have immunity from any
liability, whether civil or criminal or that otherwise might
result by reason of such action.
    (f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
    (f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
    (g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is
to be completed. Upon receipt of this authorization and
payment, the school district shall submit the student
teacher's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The Illinois State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school board may knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex
Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
    A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the president of the school board is confidential and may
only be transmitted to the superintendent of the school
district or his or her designee, the State Superintendent of
Education, the State Educator Preparation and Licensure Board,
or, for clarification purposes, the Illinois State Police or
the Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
    No school board shall knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
has been found to be the perpetrator of sexual or physical
abuse of a minor under 18 years of age pursuant to proceedings
under Article II of the Juvenile Court Act of 1987. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a
child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.
    (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; revised 10-6-21.)
 
    (105 ILCS 5/21B-75)
    Sec. 21B-75. Suspension or revocation of license,
endorsement, or approval.
    (a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
    (b) The State Superintendent of Education has the
exclusive authority, in accordance with this Section and any
rules adopted by the State Board of Education, in consultation
with the State Educator Preparation and Licensure Board, to
initiate the suspension of up to 5 calendar years or
revocation of any license, endorsement, or approval issued
pursuant to this Article for abuse or neglect of a child,
sexual misconduct as defined in subsection (c) of Section
22-85.5 of this Code, immorality, a condition of health
detrimental to the welfare of pupils, incompetency,
unprofessional conduct (which includes the failure to disclose
on an employment application any previous conviction for a sex
offense, as defined in Section 21B-80 of this Code, or any
other offense committed in any other state or against the laws
of the United States that, if committed in this State, would be
punishable as a sex offense, as defined in Section 21B-80 of
this Code), the neglect of any professional duty, willful or
negligent failure to report an instance of suspected child
abuse or neglect as required by the Abused and Neglected Child
Reporting Act, or other just cause. Negligent failure to
report an instance of suspected child abuse or neglect occurs
when a teacher personally observes an instance of suspected
child abuse or neglect and reasonably believes, in his or her
professional or official capacity, that the instance
constitutes an act of child abuse or neglect under the Abused
and Neglected Child Reporting Act, and he or she, without
willful intent, fails to immediately report or cause a report
to be made of the suspected abuse or neglect to the Department
of Children and Family Services, as required by the Abused and
Neglected Child Reporting Act. Unprofessional conduct shall
include the refusal to attend or participate in institutes,
teachers' meetings, or professional readings or to meet other
reasonable requirements of the regional superintendent of
schools or State Superintendent of Education. Unprofessional
conduct also includes conduct that violates the standards,
ethics, or rules applicable to the security, administration,
monitoring, or scoring of or the reporting of scores from any
assessment test or examination administered under Section
2-3.64a-5 of this Code or that is known or intended to produce
or report manipulated or artificial, rather than actual,
assessment or achievement results or gains from the
administration of those tests or examinations. Unprofessional
conduct shall also include neglect or unnecessary delay in the
making of statistical and other reports required by school
officers. Incompetency shall include, without limitation, 2 or
more school terms of service for which the license holder has
received an unsatisfactory rating on a performance evaluation
conducted pursuant to Article 24A of this Code within a period
of 7 school terms of service. In determining whether to
initiate action against one or more licenses based on
incompetency and the recommended sanction for such action, the
State Superintendent shall consider factors that include
without limitation all of the following:
        (1) Whether the unsatisfactory evaluation ratings
    occurred prior to June 13, 2011 (the effective date of
    Public Act 97-8).
        (2) Whether the unsatisfactory evaluation ratings
    occurred prior to or after the implementation date, as
    defined in Section 24A-2.5 of this Code, of an evaluation
    system for teachers in a school district.
        (3) Whether the evaluator or evaluators who performed
    an unsatisfactory evaluation met the pre-licensure and
    training requirements set forth in Section 24A-3 of this
    Code.
        (4) The time between the unsatisfactory evaluation
    ratings.
        (5) The quality of the remediation plans associated
    with the unsatisfactory evaluation ratings and whether the
    license holder successfully completed the remediation
    plans.
        (6) Whether the unsatisfactory evaluation ratings were
    related to the same or different assignments performed by
    the license holder.
        (7) Whether one or more of the unsatisfactory
    evaluation ratings occurred in the first year of a
    teaching or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
    (c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child,
immorality, a condition of health detrimental to the welfare
of pupils, incompetency (subject to subsection (b) of this
Section), unprofessional conduct, the neglect of any
professional duty, or other just cause, further investigate
and, if and as appropriate, serve written notice to the
individual and afford the individual opportunity for a hearing
prior to suspension, revocation, or other sanction; provided
that the State Superintendent is under no obligation to
initiate such an investigation if the Department of Children
and Family Services is investigating the same or substantially
similar allegations and its child protective service unit has
not made its determination, as required under Section 7.12 of
the Abused and Neglected Child Reporting Act. If the State
Superintendent of Education does not receive from an
individual a request for a hearing within 10 days after the
individual receives notice, the suspension, revocation, or
other sanction shall immediately take effect in accordance
with the notice. If a hearing is requested within 10 days after
notice of an opportunity for hearing, it shall act as a stay of
proceedings until the State Educator Preparation and Licensure
Board issues a decision. Any hearing shall take place in the
educational service region where the educator is or was last
employed and in accordance with rules adopted by the State
Board of Education, in consultation with the State Educator
Preparation and Licensure Board, and such rules shall include
without limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this
Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
    The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
    The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
    (d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may
be reasonably necessary to establish the existence of any
alleged misconduct. At any stage of the investigation, the
State Superintendent may issue a subpoena requiring the
attendance and testimony of a witness, including the license
holder, and the production of any evidence, including files,
records, correspondence, or documents, relating to any matter
in question in the investigation. The subpoena shall require a
witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present,
but the State Superintendent shall provide the license holder
with a copy of any recorded testimony prior to a hearing under
this Section. Such recorded testimony must not be used as
evidence at a hearing, unless the license holder has adequate
notice of the testimony and the opportunity to cross-examine
the witness. Failure of a license holder to comply with a duly
issued, investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
    (e) All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this Section is confidential and must
not be disclosed to third parties, except (i) as necessary for
the State Superintendent of Education or his or her designee
to investigate and prosecute pursuant to this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement.
    (f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer
oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings
in civil cases in circuit courts of this State.
    (g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and
the production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
    (h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
 
    (105 ILCS 5/22-85.10 new)
    Sec. 22-85.10. Parental notification of sexual misconduct.
    (a) The governing body of each school district, charter
school, or nonpublic school shall implement a procedure under
which notice is provided to the parents or guardians of an
enrolled student, unless the student is at least 18 years of
age or emancipated, with whom an employee, agent of the
school, or a contractor of the school is alleged to have
engaged in sexual misconduct as defined in subsection (c) of
Section 22-85.5 of this Code. Notice provided to the parent or
guardian of a student with a disability must not conflict with
the student's individualized education plan or a Section 504
plan under the federal Rehabilitation Act of 1973 and the
requirements of applicable State or federal law. The procedure
shall include:
        (1) Consideration of the time frame for providing
    notice to the student and the student's parents or
    guardians if the alleged sexual misconduct is also being
    investigated by the Illinois Department of Children and
    Family Services or law enforcement as described in Section
    22-85 of this Code.
        (2) Prior to notification of the student's parents or
    guardians, notification must first be provided to the
    student in a developmentally appropriate manner and
    include:
            (A) that notice will be given to the student's
        parents or guardians;
            (B) what information will be included in the
        notice to the student's parents or guardians;
            (C) available resources for the student within the
        school and community in accordance with Article 26A of
        this Code and available counseling services under
        Section 3-550 of the Mental Health and Developmental
        Disabilities Code; and
            (D) beginning July 1, 2025, the name and contact
        information for the domestic and sexual violence and
        parenting resource coordinator under Section 26A-35 of
        this Code.
        (3) After notification of the student as required
    under paragraph (2), the student's parents or guardians
    shall be notified in writing:
            (A) of the alleged misconduct; and
            (B) of available resources for the student within
        the school and the community in accordance with
        Article 26A of this Code and, beginning on July 1,
        2025, the name and contact information for the
        domestic and sexual violence and parenting resource
        coordinator under Section 26A-35 of this Code.
        (4) Notification must be provided as soon as feasible
    after the employing entity becomes aware that alleged
    misconduct may have occurred, subject to the requirements
    of subsection (f) of Section 22-85 of this Code.
    (b) The governing body of each school district, charter
school, or nonpublic school shall implement a procedure under
which notice is provided to the parents or guardians of a
student, subject to subsection (a), when any formal action has
been taken by the governing body relating to the employment of
the alleged perpetrator following the investigation of sexual
misconduct, including whether employment was terminated or
whether the governing body accepted the resignation of the
employee. Notice provided to the parents or guardians of a
student with a disability must not conflict with the student's
individualized education plan or a Section 504 plan under the
federal Rehabilitation Act of 1973 and the requirements of
applicable State or federal law. The procedure shall include:
        (1) Consideration of the time frame for providing
    notice to the student and the student's parents or
    guardians if the alleged sexual misconduct is also being
    investigated by the Illinois Department of Children and
    Family Services or law enforcement as described in Section
    22-85 of this Code.
        (2) Prior to notification of the student's parents or
    guardians, notification must first be provided to the
    student in a developmentally appropriate manner and
    include:
            (A) that notice will be given to the student's
        parent or guardian of the governing body's action;
            (B) what information will be included in the
        notice to the student's parents or guardians;
            (C) available resources for the student within the
        school and community in accordance with Article 26A of
        this Code and available counseling services under
        Section 3-550 of the Mental Health and Developmental
        Disabilities Code; and
            (D) beginning July 1, 2025, the name and contact
        information for the domestic and sexual violence and
        parenting resource coordinator under Section 26A-35 of
        this Code.
        (3) After notification of the student as required in
    paragraph (2), the student's parents or guardians shall be
    notified in writing:
            (A) of the governing body's action;
            (B) whether a report concerning the alleged sexual
        misconduct was or will be submitted to the State
        Superintendent of Education and the applicable
        regional superintendent of schools pursuant to Section
        10-21.9 of this Code; and
            (C) of available resources for the student within
        the school and the community in accordance with
        Article 26A of this Code and, beginning on July 1,
        2025, the name and contact information for the
        domestic and sexual violence and parenting resource
        coordinator under Section 26A-35 of this Code.
        (4) Notification must be provided as soon as feasible
    after the board action is taken, subject to the
    requirements of subsection (f) of Section 22-85 of this
    Code.
        (5) For the purposes of subsection (b), if the student
    is no longer enrolled at the time formal action is taken,
    sending written notice to the last known address in the
    student's file fulfills notification requirements.
    (c) Notwithstanding any other provision of this Section,
notification to the student prior to notification of the
student's parents or guardians shall not be required to the
extent an employee or agent of the school district, charter
school, or nonpublic school deems it necessary to address an
imminent risk of serious physical injury or death of a student
or another person, including the victim. If prior notification
to the student is not given, notification to the student shall
be provided as soon as practicable and without delay following
the notification to the student's parents or guardians.
    (d) Subsections (a) and (b) shall not apply if the
student's parent or guardian is the alleged perpetrator of the
misconduct.
 
    (105 ILCS 5/22-94 new)
    Sec. 22-94. Employment history review.
    (a) This Section applies to all permanent and temporary
positions for employment with a school or a contractor of a
school involving direct contact with children or students.
    (b) In this Section:
    "Contractor" means firms holding contracts with any school
including, but not limited to, food service workers, school
bus drivers and other transportation employees, who have
direct contact with children or students.
    "Direct contact with children or students" means the
possibility of care, supervision, guidance, or control of
children or students or routine interaction with children or
students.
    "School" means a public or nonpublic elementary or
secondary school.
    "Sexual misconduct" has the meaning ascribed to it in
subsection (c) of Section 22-85.5 of this Code.
    (c) Prior to hiring an applicant to work directly with
children or students, a school or contractor must ensure that
the following criteria are met:
        (1) the school or contractor has no knowledge or
    information pertaining to the applicant that would
    disqualify the applicant from employment;
        (2) the applicant swears or affirms that the applicant
    is not disqualified from employment;
        (3) using the template developed by the State Board of
    Education, the applicant provides all of the following:
            (A) a list, including the name, address, telephone
        number, and other relevant contact information of the
        following:
                (i) the applicant's current employer;
                (ii) all former employers of the applicant
            that were schools or school contractors, as well
            as all former employers at which the applicant had
            direct contact with children or students;
            (B) A written authorization that consents to and
        authorizes disclosure by the applicant's current and
        former employers under subparagraph (A) of this
        paragraph (3) of the information requested under
        paragraph (4) of this subsection (c) and the release
        of related records and that releases those employers
        from any liability that may arise from such disclosure
        or release of records pursuant to subsection (e).
            (C) A written statement of whether the applicant:
                (i) has been the subject of a sexual
            misconduct allegation, unless a subsequent
            investigation resulted in a finding that the
            allegation was false, unfounded, or
            unsubstantiated;
                (ii) has ever been discharged from, been asked
            to resign from, resigned from, or otherwise been
            separated from any employment, has ever been
            disciplined by an employer, or has ever had an
            employment contract not renewed due to an
            adjudication or finding of sexual misconduct or
            while an allegation of sexual misconduct was
            pending or under investigation, unless the
            investigation resulted in a finding that the
            allegation was false, unfounded, or
            unsubstantiated; or
                (iii) has ever had a license or certificate
            suspended, surrendered, or revoked or had an
            application for licensure, approval, or
            endorsement denied due to an adjudication or
            finding of sexual misconduct or while an
            allegation of sexual misconduct was pending or
            under investigation, unless the investigation
            resulted in a finding that the allegation was
            false, unfounded, or unsubstantiated.
        (4) The school or contractor shall initiate a review
    of the employment history of the applicant by contacting
    those employers listed by the applicant under subparagraph
    (A) of paragraph (3) of this subsection (c) and, using the
    template developed by the State Board of Education,
    request all of the following information:
            (A) the dates of employment of the applicant;
            (B) a statement as to whether the applicant:
                (i) has been the subject of a sexual
            misconduct allegation, unless a subsequent
            investigation resulted in a finding that the
            allegation was false, unfounded, or
            unsubstantiated;
                (ii) was discharged from, was asked to resign
            from, resigned from, or was otherwise separated
            from any employment, was disciplined by the
            employer, or had an employment contract not
            renewed due to an adjudication or finding of
            sexual misconduct or while an allegation of sexual
            misconduct was pending or under investigation,
            unless the investigation resulted in a finding
            that the allegation was false, unfounded, or
            unsubstantiated; or
                (iii) has ever had a license or certificate
            suspended, surrendered, or revoked due to an
            adjudication or finding of sexual misconduct or
            while an allegation of sexual misconduct was
            pending or under investigation, unless the
            investigation resulted in a finding that the
            allegation was false, unfounded, or
            unsubstantiated.
            (C) The template shall include the following
        option: if the employer does not have records or
        evidence regarding the questions in items (i) through
        (iii) of subparagraph (B) of paragraph (4) of
        subsection (c), the employer may state that there is
        no knowledge of information pertaining to the
        applicant that would disqualify the applicant from
        employment.
        (5) For applicants licensed by the State Board of
    Education, the school district, charter school, or
    nonpublic school shall verify the applicant's reported
    previous employers with previous employers in the State
    Board of Education's educator licensure database to ensure
    accuracy.
    (d) An applicant who provides false information or
willfully fails to disclose information required in subsection
(c) shall be subject to discipline, up to and including
termination or denial of employment.
    (e) No later than 20 days after receiving a request for
information required under paragraph (4) of subsection (c), an
employer who has or had an employment relationship with the
applicant shall disclose the information requested. If the
employer has an office of human resources or a central office,
information shall be provided by that office. The employer who
has or had an employment relationship with the applicant shall
disclose the information on the template developed by the
State Board of Education. For any affirmative response to
items (i) through (iii) of subparagraph (B) of paragraph (4)
or subsection (c), the employer who has or had an employment
relationship with the applicant shall provide additional
information about the matters disclosed and all related
records.
    A school shall complete the template at time of separation
from employment, or at the request of the employee, and
maintain it as part of the employee's personnel file. If the
school completes an investigation after an employee's
separation from employment, the school shall update the
information accordingly.
    Information received under this Section shall not be
deemed a public record.
    A school or contractor who receives information under this
subsection (e) may use the information for the purpose of
evaluating an applicant's fitness to be hired or for continued
employment and may report the information, as appropriate, to
the State Board of Education, a State licensing agency, a law
enforcement agency, a child protective services agency,
another school or contractor, or a prospective employer.
    An employer, school, school administrator, or contractor
who provides information or records about a current or former
employee or applicant under this Section is immune from
criminal and civil liability for the disclosure of the
information or records, unless the information or records
provided were knowingly false. This immunity shall be in
addition to and not a limitation on any other immunity
provided by law or any absolute or conditional privileges
applicable to the disclosure by virtue of the circumstances or
the applicant's consent to the disclosure and shall extent to
any circumstances when the employer, school, school
administrator, or contractor in good faith shares findings of
sexual misconduct with another employer.
    Unless the laws of another state prevent the release of
the information or records requested or disclosure is
restricted by the terms of a contract entered into prior to the
effective date of this amendatory Act of the 102nd General
Assembly, and notwithstanding any other provisions of law to
the contrary, an employer, school, school administrator,
contractor, or applicant shall report and disclose, in
accordance with this Section, all relevant information,
records, and documentation that may otherwise be confidential.
    (f) A school or contractor may not hire an applicant who
does not provide the information required under subsection (c)
for a position involving direct contact with children or
students.
    (g) Beginning on the effective date of this amendatory Act
of the 102nd General Assembly, a school or contractor may not
enter into a collective bargaining agreement, an employment
contract, an agreement for resignation or termination, a
severance agreement, or any other contract or agreement or
take any action that:
        (1) has the effect of suppressing information
    concerning a pending investigation or a completed
    investigation in which an allegation was substantiated
    related to a report of suspected sexual misconduct by a
    current or former employee;
        (2) affects the ability of the school or contractor to
    report suspected sexual misconduct to the appropriate
    authorities; or
        (3) requires the school or contractor to expunge
    information about allegations or findings of suspected
    sexual misconduct from any documents maintained by the
    school or contractor, unless, after an investigation, an
    allegation is found to be false, unfounded, or
    unsubstantiated.
    (h) Any provision of an employment contract or agreement
for resignation or termination or a severance agreement that
is executed, amended, or entered into on or after the
effective date of this amendatory Act of the 102nd General
Assembly and that is contrary to this Section is void and
unenforceable.
    (i) For substitute employees, all of the following apply:
        (1) The employment history review required by this
    Section is required only prior to the initial hiring of a
    substitute employee or placement on a school's approved
    substitute list and shall remain valid as long as the
    substitute employee continues to be employed by the same
    school or remains on the school's approved substitute
    list.
        (2) A substitute employee seeking to be added to
    another school's substitute list shall undergo an
    additional employment history review under this Section.
    Except as otherwise provided in paragraph (3) of this
    subsection (i) or in subsection (k), the appearance of a
    substitute employee on one school's substitute list does
    not relieve another school from compliance with this
    Section.
        (3) An employment history review conducted upon
    initial hiring of a substitute employee by contractor or
    any other entity that furnishes substitute staffing
    services to schools shall satisfy the requirements of this
    Section for all schools using the services of that
    contractor or other entity.
        (4) A contractor or any other entity furnishing
    substitute staffing services to schools shall comply with
    paragraphs (3) and (4) of subsection (j).
    (j) For employees of contractors, all of the following
apply:
        (1) The employment history review required by this
    Section shall be performed, either at the time of the
    initial hiring of an employee or prior to the assignment
    of an existing employee to perform work for a school in a
    position involving direct contact with children or
    students. The review shall remain valid as long as the
    employee remains employed by the same contractor, even if
    assigned to perform work for other schools.
        (2) A contractor shall maintain records documenting
    employment history reviews for all employees as required
    by this Section and, upon request, shall provide a school
    for whom an employee is assigned to perform work access to
    the records pertaining to that employee.
        (3) Prior to assigning an employee to perform work for
    a school in a position involving direct contact with
    children or students, the contractor shall inform the
    school of any instance known to the contractor in which
    the employee:
            (A) has been the subject of a sexual misconduct
        allegation unless a subsequent investigation resulted
        in a finding that the allegation was false, unfounded,
        or unsubstantiated;
            (B) has ever been discharged, been asked to resign
        from, resigned from, or otherwise been separated from
        any employment, been removed from a substitute list,
        been disciplined by an employer, or had an employment
        contract not renewed due to an adjudication or finding
        of sexual misconduct or while an allegation of sexual
        misconduct was pending or under investigation, unless
        the investigation resulted in a finding that the
        allegation was false, unfounded, or unsubstantiated;
        or
            (C) has ever had a license or certificate
        suspended, surrendered, or revoked due to an
        adjudication or finding of sexual misconduct or while
        an allegation of sexual misconduct was pending or
        under investigation, unless the investigation resulted
        in a finding that the allegation was false, unfounded,
        or unsubstantiated.
        (4) The contractor may not assign an employee to
    perform work for a school in a position involving direct
    contact with children or students if the school objects to
    the assignment after being informed of an instance listed
    in paragraph (3).
    (k) An applicant who has undergone an employment history
review under this Section and seeks to transfer to or provide
services to another school in the same school district,
diocese, or religious jurisdiction, or to another school
established and supervised by the same organization is not
required to obtain additional reports under this Section
before transferring.
    (l) Nothing in this Section shall be construed:
        (1) to prevent a prospective employer from conducting
    further investigations of prospective employees or from
    requiring applicants to provide additional background
    information or authorizations beyond what is required
    under this Section, nor to prevent a current or former
    employer from disclosing more information than what is
    required under this Section;
        (2) to relieve a school, school employee, contractor
    of the school, or agent of the school from any legal
    responsibility to report sexual misconduct in accordance
    with State and federal reporting requirements;
        (3) to relieve a school, school employee, contractor
    of the school, or agent of the school from any legal
    responsibility to implement the provisions of Section 7926
    of Chapter 20 of the United States Code; or
        (4) to prohibit the right of the exclusive bargaining
    representative under a collective bargaining agreement to
    grieve and arbitrate the validity of an employee's
    termination or discipline for just cause.
    (m) The State Board of Education shall develop the
templates required under paragraphs (3) and (4) of subsection
(c).
 
    (105 ILCS 5/26A-30)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 26A-30. Confidentiality.
    (a) Each school district must adopt and ensure that it has
and implements a policy to ensure that all information
concerning a student's status and related experiences as a
parent, expectant parent, or victim of domestic or sexual
violence, or a student who is a named perpetrator of domestic
or sexual violence, provided to or otherwise obtained by the
school district or its employees or agents pursuant to this
Code or otherwise, including a statement of the student or any
other documentation, record, or corroborating evidence that
the student has requested or obtained assistance, support, or
services pursuant to this Code, shall be retained in the
strictest of confidence by the school district or its
employees or agents and may not be disclosed to any other
individual outside of the district, including any other
employee, except if such disclosure is (i) permitted by the
Illinois School Student Records Act, the federal Family
Educational Rights and Privacy Act of 1974, or other
applicable State or federal laws, or (ii) requested or
consented to, in writing, by the student or the student's
parent or guardian if it is safe to obtain written consent from
the student's parent or guardian.
    (b) Prior to disclosing information about a student's
status as a parent, expectant parent, or victim of domestic or
sexual violence, a school must notify the student and discuss
and address any safety concerns related to the disclosure,
including instances in which the student indicates or the
school or school district or its employees or agents are
otherwise aware that the student's health or safety may be at
risk if his or her status is disclosed to the student's parent
or guardian, except as otherwise permitted by applicable State
or federal law, including the Abused and Neglected Child
Reporting Act, the Illinois School Student Records Act, the
federal Family Educational Rights and Privacy Act of 1974, and
professional ethics policies that govern professional school
personnel.
    (c) No student may be required to testify publicly
concerning his or her status as a victim of domestic or sexual
violence, allegations of domestic or sexual violence, his or
her status as a parent or expectant parent, or the student's
efforts to enforce any of his or her rights under provisions of
this Code relating to students who are parents, expectant
parents, or victims of domestic or sexual violence.
    (d) In the case of domestic or sexual violence, except as
permitted under State or federal law, or to the extent that a
school official determines that the school official has an
obligation to do so based on safety concerns or threats to the
community, including the victim, a school district must not
contact the person named to be the perpetrator, the
perpetrator's family, or any other person named by the student
or named by the student's parent or guardian to be unsafe to
contact to verify the violence. A school district must not
contact the perpetrator, the perpetrator's family, or any
other person named by the student or the student's parent or
guardian to be unsafe for any other reason without providing
prior written notice to the student's parent or guardian.
Nothing in this Section prohibits the school or school
district from taking other steps to investigate the violence
or from contacting persons not named by the student or the
student's parent or guardian as unsafe to contact. Nothing in
this Section prohibits the school or school district from
taking reasonable steps to protect students. If the reasonable
steps taken to protect students involve conduct that is
prohibited under this subsection, the school must provide
notice to the reporting student, in writing and in a
developmentally appropriate communication format, of its
intent to contact the parties named to be unsafe.
    (e) This Section shall not apply to notification of
parents or guardians if the perpetrator of the alleged sexual
misconduct is an employee, agent, or contractor of a school
district, charter school, or nonpublic school with direct
contact with children or students.
(Source: P.A. 102-466, eff. 7-1-25.)
 
    (105 ILCS 5/27A-5)
    (Text of Section before amendment by P.A. 102-157 and P.A.
102-466)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
    (c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Section 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code; and
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code; and
        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
        (20) (19) Section 10-22.25b of this Code; .
        (21) (19) Section 27-9.1a of this Code;
        (22) (20) Section 27-9.1b of this Code; and
        (23) (21) Section 34-18.8 of this Code; and .
        (25) Section 22-85.10 of this Code.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
102-558, eff. 8-20-21; revised 10-5-21.)
 
    (Text of Section after amendment by P.A. 102-157 but
before amendment by P.A. 102-466)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
    (c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code; and
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code; and
        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
        (20) (19) Section 10-22.25b of this Code; .
        (21) (19) Section 27-9.1a of this Code;
        (22) (20) Section 27-9.1b of this Code; and
        (23) (21) Section 34-18.8 of this Code; and .
        (25) Section 22-85.10 of this Code.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10-5-21.)
 
    (Text of Section after amendment by P.A. 102-466)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
    (c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Sections 22-90 and 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code; and
        (17) the Seizure Smart School Act;
        (18) Section 2-3.64a-10 of this Code; and
        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
        (20) (19) Section 10-22.25b of this Code; .
        (21) (19) Section 27-9.1a of this Code;
        (22) (20) Section 27-9.1b of this Code; and
        (23) (21) Section 34-18.8 of this Code; .
        (24) (19) Article 26A of this Code; and .
        (25) Section 22-85.10 of this Code.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
8-20-21; revised 10-5-21.)
 
    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
    Sec. 34-18.5. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
    (a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any disqualifying, enumerated criminal or drug
offense in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school district, except that if the applicant
is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time
employment positions with more than one school district (as a
reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking
employment positions with more than one district, any such
district may require the applicant to furnish authorization
for the check to the regional superintendent of the
educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent. Subject to
appropriations for these purposes, the State Superintendent of
Education shall reimburse the school district and regional
superintendent for fees paid to obtain criminal history
records checks under this Section.
    (a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
    (a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
    (b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Illinois State Police by the regional
superintendent, the State Board of Education and the school
district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation
and Licensure Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the
record of convictions obtained from the Illinois State Police
shall be provided to the applicant for employment. Upon the
check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
    (b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
    (c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code, except as provided
under subsection (b) of 21B-80. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. As a condition of
employment, the board of education must consider the status of
a person who has been issued an indicated finding of abuse or
neglect of a child by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act or
by a child welfare agency of another jurisdiction.
    (d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check have not been initiated.
    (e) Within 10 days after the general superintendent of
schools, a regional office of education, or an entity that
provides background checks of license holders to public
schools receives information of a pending criminal charge
against a license holder for an offense set forth in Section
21B-80 of this Code, the superintendent, regional office of
education, or entity must notify the State Superintendent of
Education of the pending criminal charge.
    No later than 15 business days after receipt of a record of
conviction or of checking the Statewide Murderer and Violent
Offender Against Youth Database or the Statewide Sex Offender
Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 or 34-83 of this Code, the State
Superintendent of Education may initiate licensure suspension
and revocation proceedings as authorized by law. If the
receipt of the record of conviction or finding of child abuse
is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education
may rescind the license holder's license.
    (e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed (i) an intentional act of abuse or neglect with
the result of making a child an abused child or a neglected
child, as defined in Section 3 of the Abused and Neglected
Child Reporting Act or (ii) an act of sexual misconduct, as
defined in Section 22-85.5 of this Code, and that act resulted
in the license holder's dismissal or resignation from the
school district and must include the Illinois Educator
Identification Number (IEIN) of the license holder and a brief
description of the misconduct alleged. This notification must
be submitted within 30 days after the dismissal or
resignation. The license holder must also be contemporaneously
sent a copy of the notice by the superintendent. All
correspondence, documentation, and other information so
received by the State Superintendent of Education, the State
Board of Education, or the State Educator Preparation and
Licensure Board under this subsection (e-5) is confidential
and must not be disclosed to third parties, except (i) as
necessary for the State Superintendent of Education or his or
her designee to investigate and prosecute pursuant to Article
21B of this Code, (ii) pursuant to a court order, (iii) for
disclosure to the license holder or his or her representative,
or (iv) as otherwise provided in this Article and provided
that any such information admitted into evidence in a hearing
is exempt from this confidentiality and non-disclosure
requirement. Except for an act of willful or wanton
misconduct, any superintendent who provides notification as
required in this subsection (e-5) shall have immunity from any
liability, whether civil or criminal or that otherwise might
result by reason of such action.
    (f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
    (f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
    (g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district. Upon receipt of this
authorization and payment, the school district shall submit
the student teacher's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The Illinois State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the board. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. The
board may not knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex
Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
    A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the president of the board is confidential and may only be
transmitted to the general superintendent of schools or his or
her designee, the State Superintendent of Education, the State
Educator Preparation and Licensure Board, or, for
clarification purposes, the Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
    The board may not knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, the
board may not allow a person to student teach if he or she has
been found to be the perpetrator of sexual or physical abuse of
a minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. The board must
consider the status of a person to student teach who has been
issued an indicated finding of abuse or neglect of a child by
the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
    (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; revised 10-18-21.)
 
    Section 10. The Personnel Record Review Act is amended by
changing Section 8 as follows:
 
    (820 ILCS 40/8)  (from Ch. 48, par. 2008)
    Sec. 8. An employer shall review a personnel record before
releasing information to a third party and, except when the
release is ordered to a party in a legal action or arbitration,
delete disciplinary reports, letters of reprimand, or other
records of disciplinary action which are more than 4 years
old. This Section does not apply to a school district or an
authorized employee or agent of a school district who is
sharing information related to an incident or an attempted
incident of sexual abuse, or severe physical abuse, or sexual
misconduct as defined in subsection (c) of Section 22-85.5 of
this Code.
(Source: P.A. 101-531, eff. 8-23-19.)
 
    Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 99. Effective date. This Act takes effect on July
1, 2023.