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Public Act 102-0702 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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:
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(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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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.
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(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
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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.
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(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
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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
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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.
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(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.
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(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.
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(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.
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(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.
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(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.
|