|
||||
Public Act 093-0909 |
||||
| ||||
| ||||
AN ACT concerning schools.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Department of State Police Law of the
Civil | ||||
Administrative Code of Illinois is amended by changing
Section | ||||
2605-325 as follows:
| ||||
(20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
| ||||
Sec. 2605-325. Conviction information for school board or | ||||
regional
superintendent. On request of a school board or | ||||
regional
superintendent of schools,
to conduct a | ||||
fingerprint-based criminal history records check
an inquiry | ||||
pursuant to Section 10-21.9 or
34-18.5 of the School
Code to | ||||
ascertain whether an applicant for employment in a school
| ||||
district has
been convicted of any criminal
or drug offenses | ||||
enumerated in Section
10-21.9 or 34-18.5 of the School Code . | ||||
The Department shall furnish the
conviction information to the | ||||
president of the school board of the school
district that has | ||||
requested the information or, if the
information was
requested | ||||
by the regional superintendent, to that regional | ||||
superintendent.
| ||||
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||
eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||
eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||
Section 10. The School Code is amended by changing Sections | ||||
2-3.51.5, 10-21.9, 27A-5, and 34-18.5 as follows:
| ||||
(105 ILCS 5/2-3.51.5)
| ||||
Sec. 2-3.51.5. School Safety and Educational Improvement | ||||
Block Grant
Program. To improve the level of education and | ||||
safety of students from
kindergarten through grade 12 in school | ||||
districts. The State Board of
Education is authorized to fund a |
School Safety and Educational Improvement
Block Grant Program.
| ||
(1) The program shall provide funding for school safety, | ||
textbooks and
software, teacher training and curriculum | ||
development, school improvements, remediation programs under | ||
subsection (a) of Section 2-3.64, school
report cards under | ||
Section 10-17a, and criminal history records checks
background
| ||
investigations
under Sections 10-21.9 and 34-18.5. A school | ||
district
or laboratory school as defined in Section 18-8 or | ||
18-8.05 is not required
to file an application in order to | ||
receive the categorical funding to which it
is entitled under | ||
this Section. Funds for the School Safety and Educational
| ||
Improvement Block Grant Program shall be distributed to school | ||
districts and
laboratory schools based on the prior year's best | ||
3 months average daily
attendance. The State Board of Education | ||
shall promulgate rules and
regulations necessary for the | ||
implementation of this program.
| ||
(2) Distribution of moneys to school districts shall be | ||
made in 2
semi-annual installments, one payment on or before | ||
October 30, and one
payment prior to April 30, of each fiscal | ||
year.
| ||
(3) Grants under the School Safety and Educational | ||
Improvement Block Grant
Program shall be awarded provided there | ||
is an appropriation for the program,
and funding levels for | ||
each district shall be prorated according to the amount
of the | ||
appropriation.
| ||
(Source: P.A. 90-548, eff. 1-1-98; 91-711, eff. 7-1-00.)
| ||
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||
Sec. 10-21.9. Criminal history records checks
background
| ||
investigations .
| ||
(a) Certified
After August
1, 1985, certified and | ||
noncertified 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
an
investigation to determine if | ||
such applicants have been convicted of any of
the 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
investigation 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
investigation 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 ,
and | ||
social security number , fingerprint images, and other | ||
identifiers, as prescribed by
to the Department
of State | ||
Police , to
on forms prescribed by the Department. The regional
| ||
superintendent submitting the requisite information to the | ||
Department of
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
| ||
investigation of the applicant has been requested. The | ||
Department of State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, 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.
Department of State
| ||
Police shall conduct a search of the Illinois criminal history | ||
records
database to ascertain if the applicant being
considered | ||
for employment has been convicted of committing or attempting | ||
to
commit any of the enumerated
criminal or drug offenses in | ||
subsection (c) or has been convicted of
committing or | ||
attempting to commit, within 7
years
of the application for | ||
employment with the
school district, 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.
The
| ||
Department shall charge
the school district
or the appropriate | ||
regional superintendent a fee for
conducting such check
| ||
investigation , 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
| ||
investigation by the school
district or by the regional | ||
superintendent. 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.
The | ||
regional superintendent
may seek reimbursement from the State | ||
Board of Education or the appropriate
school district or | ||
districts for fees paid by the
regional superintendent to the | ||
Department for the criminal background
investigations required | ||
by this Section.
| ||
(b)
If the search of the Illinois criminal history records | ||
database
indicates that the applicant has been convicted of | ||
committing or attempting to
commit any of the enumerated | ||
criminal or drug offenses in subsection (c) or
has been | ||
convicted of committing or attempting to commit, within 7 years
| ||
before the
application for employment with the school district, | ||
any other felony under the
laws of this State,
the Department |
and the Federal Bureau of Investigation shall furnish,
pursuant | ||
to a fingerprint based background check,
records of | ||
convictions, until expunged, to the president of the school | ||
board
for the school district which requested the | ||
investigation, or to the
regional superintendent who requested | ||
the investigation. 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
investigation was
requested by the school district, the | ||
presidents of the appropriate school
boards if the check
| ||
investigation was requested from the Department of State
Police | ||
by the regional superintendent, the State Superintendent of
| ||
Education, the State Teacher Certification 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 Department of State Police
shall be provided to the | ||
applicant for employment. If a check
an investigation 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
Department of State Police | ||
upon a check
investigation ascertains that the applicant
has | ||
not been convicted of any of the enumerated criminal or drug | ||
offenses
in subsection (c) 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, then the
regional superintendent shall issue | ||
to the applicant a certificate
evidencing that as of the date | ||
specified by the Department of State Police
the applicant has | ||
not been convicted of any of the enumerated criminal or
drug |
offenses in subsection (c) 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. The school
board of
any
school | ||
district
located in the educational service region served by | ||
the regional
superintendent who issues such a certificate to an | ||
applicant for employment
as a substitute teacher in more than | ||
one such district may rely on the
certificate issued by the | ||
regional superintendent to that applicant, or may
initiate its | ||
own criminal history records check
investigation of the | ||
applicant through the Department of
State Police as provided in | ||
subsection (a). Any person who releases any
confidential | ||
information concerning any criminal convictions of an
| ||
applicant for employment shall be guilty of a Class A | ||
misdemeanor, unless
the release of such information is | ||
authorized by this Section.
| ||
(c) No school board shall knowingly employ a person who has | ||
been
convicted for committing attempted first degree murder or | ||
for committing or
attempting to commit first degree murder or a | ||
Class X felony or any one or
more of the
following offenses: | ||
(i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| ||
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | ||
11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | ||
"Criminal Code of 1961"; (ii)
those defined in the "Cannabis | ||
Control Act" except those defined in Sections
4(a), 4(b) and | ||
5(a) of that Act; (iii) those defined in the "Illinois
| ||
Controlled Substances Act"; and (iv) any
offense committed or | ||
attempted in
any other state or against the laws of the United | ||
States, which if
committed or attempted in this State, would | ||
have been punishable as one or
more of the foregoing offenses.
| ||
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.
| ||
(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check
background
investigation | ||
has not been initiated.
| ||
(e) Upon receipt of the record of a conviction of or a | ||
finding of child
abuse by a holder of any
certificate issued | ||
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the appropriate regional superintendent of schools or the
| ||
State Superintendent of Education shall initiate the | ||
certificate suspension
and revocation proceedings authorized | ||
by law.
| ||
(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
background
investigations 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 check
| ||
investigation prepared by each such employee and
submitting the | ||
same to the Department of State Police. Any information
| ||
concerning the record of conviction of any such employee | ||
obtained by the
regional superintendent shall be promptly | ||
reported to the president of the
appropriate school board or | ||
school boards.
| ||
(Source: P.A. 93-418, eff. 1-1-04.)
| ||
(105 ILCS 5/27A-5)
| ||
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 the effective date of this amendatory Act of the | ||
93rd General
Assembly, in all new
applications submitted to the | ||
State Board or a local school board 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 this
amendatory Act
of the | ||
93rd General
Assembly do not apply to charter schools existing | ||
or approved on or before the
effective date of this
amendatory | ||
Act.
| ||
(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.
| ||
(d) A charter school shall comply with all applicable | ||
health and safety
requirements applicable to public schools | ||
under the laws of the State of
Illinois.
| ||
(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.
| ||
(g) A charter school shall comply with all provisions of | ||
this Article and
its charter. A charter
school is exempt from | ||
all other State laws and regulations in the School Code
|
governing public
schools and local school board policies, | ||
except the following:
| ||
(1) Sections 10-21.9 and 34-18.5 of the School Code | ||
regarding criminal
history records checks
background
| ||
investigations of applicants for employment;
| ||
(2) Sections 24-24 and 34-84A of the School 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;
| ||
(6) The Illinois School Student Records Act; and
| ||
(7) Section 10-17a of the School Code regarding school | ||
report cards.
| ||
(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 the | ||
effective date of this amendatory Act of the 93rd General
| ||
Assembly 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 the
effective date of this amendatory Act of the 93rd | ||
General Assembly 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.
| ||
(Source: P.A. 93-3, eff. 4-16-03.)
| ||
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| ||
Sec. 34-18.5. Criminal history records checks
background
| ||
investigations .
| ||
(a) Certified
After August 1, 1985, certified and | ||
noncertified applicants for
employment with the school | ||
district are required as a condition of
employment to authorize | ||
a fingerprint-based criminal history records check
an | ||
investigation to determine if such applicants
have been | ||
convicted of any of the 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
| ||
investigation 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
investigation 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 ,
and | ||
social security number , fingerprint images, and other | ||
identifiers, as prescribed by
to the Department
of State | ||
Police , to
on forms prescribed by the Department. The regional
| ||
superintendent submitting the requisite information to the | ||
Department of
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
| ||
investigation of the applicant has been requested. The | ||
Department of State
Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, 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.
shall conduct a search | ||
of the Illinois Criminal history record
information database to | ||
ascertain if the applicant being
considered for employment has | ||
been convicted of committing or attempting to
commit any of the | ||
enumerated
criminal or drug offenses in subsection (c) or
has | ||
been convicted of committing or attempting to commit, within 7 | ||
years of
the application for employment with
the
school |
district, any other felony under the laws of this State. The
| ||
Department shall charge
the school district
or the appropriate | ||
regional superintendent a fee for
conducting such check
| ||
investigation , 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
| ||
investigation 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.
The | ||
regional superintendent
may seek reimbursement from the State | ||
Board of Education or the appropriate
school district or | ||
districts for fees paid by the
regional superintendent to the | ||
Department for the criminal background
investigations required | ||
by this Section.
| ||
(b) If the search of the Illinois criminal history records | ||
database
indicates that the applicant has been convicted of | ||
committing or attempting to
commit any of the enumerated | ||
criminal or drug offenses in subsection (c) or
has been | ||
convicted of committing or attempting to commit, within 7 years | ||
of the
application for employment with the school district, any | ||
other felony under the
laws of this State,
the Department and | ||
the Federal Bureau of Investigation shall furnish,
pursuant to | ||
a fingerprint based background check,
records of convictions, | ||
until expunged, to the president of the board of
education for | ||
the school district which requested the investigation, or
to | ||
the regional superintendent who requested the investigation. | ||
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
investigation 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
investigation was requested from the
Department of State | ||
Police by the regional superintendent, the State
| ||
Superintendent of Education, the State Teacher Certification | ||
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
Department of State Police shall | ||
be provided to the applicant for
employment. If a check
an | ||
investigation 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 Department of | ||
State Police upon
a check
investigation ascertains that the | ||
applicant has not been convicted of any
of the enumerated | ||
criminal or drug offenses in subsection (c) 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, then the regional | ||
superintendent
shall issue to the applicant a certificate | ||
evidencing that as of the date
specified by the Department of | ||
State Police the applicant has not been
convicted of any of the | ||
enumerated criminal or drug offenses in subsection
(c) 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. The school
| ||
board of any school district located
in
the educational
service | ||
region served by the regional superintendent who issues such a
| ||
certificate to an applicant for employment as a substitute or | ||
concurrent
part-time teacher or concurrent educational support | ||
personnel employee in more
than one such district may rely on |
the certificate issued by the regional
superintendent to that | ||
applicant, or may initiate its own criminal history records | ||
check
investigation of
the applicant through the Department of | ||
State Police as provided in
subsection (a). Any person who | ||
releases any confidential information
concerning any criminal | ||
convictions of an applicant for employment shall be
guilty of a | ||
Class A misdemeanor, unless the release of such information is
| ||
authorized by this Section.
| ||
(c) The board of education shall not knowingly employ a | ||
person who has
been convicted for committing attempted first | ||
degree murder or for
committing or attempting to commit first | ||
degree murder or a Class X felony
or any one or more of the
| ||
following offenses: (i) those defined in Sections 11-6, 11-9, | ||
11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | ||
11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | ||
and 12-16 of the Criminal Code of
1961; (ii) those defined in | ||
the Cannabis Control Act,
except those defined in Sections | ||
4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | ||
Illinois Controlled Substances Act;
and (iv) any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States, which if committed or attempted in this | ||
State, would
have been punishable as one or more of the | ||
foregoing offenses.
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.
| ||
(d) The board of education shall not knowingly employ a | ||
person for whom
a criminal history records check
background
| ||
investigation has not been initiated.
| ||
(e) Upon receipt of the record of a conviction of or a | ||
finding of child
abuse by a holder of any
certificate issued | ||
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the board of education or the State Superintendent of
| ||
Education shall initiate the certificate suspension and | ||
revocation
proceedings authorized by law.
|
(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
background
investigations 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 check
| ||
investigation prepared by each such employee and submitting the | ||
same to the
Department of State Police. Any information | ||
concerning the record of
conviction of any such employee | ||
obtained by the regional superintendent
shall be promptly | ||
reported to the president of the appropriate school board
or | ||
school boards.
| ||
(Source: P.A. 93-418, eff. 1-1-04.)
| ||
Section 15. The Juvenile Court Act of 1987 is amended by | ||
changing Section 2-21 as follows:
| ||
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
| ||
Sec. 2-21. Findings and adjudication.
| ||
(1) The court shall state for the record the manner in | ||
which the parties
received service of process and shall note | ||
whether the return or returns of
service, postal return receipt | ||
or receipts for notice by certified mail,
or certificate or | ||
certificates of publication have been filed in the court
| ||
record. The court shall enter any appropriate orders of default | ||
against any
parent who has been properly served in any manner | ||
and fails to appear.
| ||
No further service of process as defined in Sections 2-15 | ||
and 2-16 is
required in any subsequent proceeding for a parent |
who was properly served in
any manner, except as required by | ||
Supreme Court Rule 11.
| ||
The caseworker shall testify about the diligent search | ||
conducted for the
parent.
| ||
After hearing the evidence the court shall determine | ||
whether or not the
minor is abused, neglected, or dependent. If | ||
it finds that the minor is not
such a person, the court shall | ||
order the petition dismissed and the minor
discharged. The | ||
court's determination of whether the minor is abused,
| ||
neglected, or dependent shall be stated in writing with the | ||
factual basis
supporting that determination.
| ||
If the court finds that the minor is abused, neglected, or | ||
dependent, the
court shall then determine and put in writing | ||
the factual basis supporting
that determination, and specify, | ||
to the extent possible, the acts
or omissions or both of each | ||
parent, guardian, or legal custodian that form the
basis
of the | ||
court's findings. That finding shall appear in the order of the | ||
court.
| ||
If the court finds that the child has been abused, | ||
neglected or dependent,
the court shall admonish the parents | ||
that they must cooperate with the
Department of Children and | ||
Family Services, comply with the terms of the
service plan, and | ||
correct the conditions that require the child to be in care,
or | ||
risk termination of parental rights.
| ||
If the court determines that a person has inflicted | ||
physical or sexual
abuse upon a minor, the court shall report | ||
that determination to the Department
of State Police, which | ||
shall include that information in its report to the
President | ||
of the school board for a school district that requests a | ||
criminal history records check
background
investigation of | ||
that person , or the regional superintendent of schools who | ||
requests a check of that person, as required under Section | ||
10-21.9 or
34-18.5 of the School Code.
| ||
(2) If, pursuant to subsection (1) of this Section, the | ||
court determines
and
puts in writing the factual basis | ||
supporting
the determination that the minor is either abused or |
neglected or dependent,
the court shall then set a time not | ||
later than 30 days after the entry of the
finding for a | ||
dispositional hearing (unless an earlier date is required
| ||
pursuant to Section 2-13.1) to be conducted under Section 2-22 | ||
at which
hearing the court shall determine whether it is | ||
consistent with the
health, safety and best interests of the
| ||
minor and the public that he be made a ward of the court. To | ||
assist the court
in making this and other determinations at the | ||
dispositional hearing, the court
may order that an | ||
investigation be conducted and a dispositional report be
| ||
prepared concerning the minor's physical and mental history and | ||
condition,
family situation and background, economic status, | ||
education, occupation,
history of delinquency or criminality, | ||
personal habits, and any other
information that may be helpful | ||
to the court. The dispositional hearing may be
continued once | ||
for a period not to exceed 30 days if the court finds that such
| ||
continuance is necessary to complete the dispositional report.
| ||
(3) The time limits of this Section may be waived only by | ||
consent of
all parties and approval by the court, as determined | ||
to be consistent with the
health, safety and best interests of | ||
the minor.
| ||
(4) For all cases adjudicated prior to July 1, 1991, for | ||
which no
dispositional hearing has been held prior to that | ||
date, a dispositional
hearing under Section 2-22 shall be held | ||
within 90 days of July 1, 1991.
| ||
(5) The court may terminate the parental rights of a parent | ||
at the initial
dispositional hearing if all of the following | ||
conditions are met:
| ||
(i) the original or amended petition contains a request | ||
for
termination of parental rights and appointment of a | ||
guardian with power to
consent to adoption; and
| ||
(ii) the court has found by a preponderance of | ||
evidence, introduced or
stipulated to at an adjudicatory | ||
hearing, that the child comes under the
jurisdiction of the | ||
court as an abused, neglected, or dependent minor under
| ||
Section 2-18; and
|
(iii) the court finds, on the basis of clear and | ||
convincing evidence
admitted at the adjudicatory hearing | ||
that the parent is an unfit person under
subdivision D of | ||
Section 1 of the Adoption Act; and
| ||
(iv) the court determines in accordance with the rules | ||
of evidence for
dispositional proceedings, that:
| ||
(A) it is in the best interest of the minor and | ||
public that the child be
made a ward of the court;
| ||
(A-5) reasonable efforts under subsection (l-1) of | ||
Section 5 of the
Children and Family Services Act are | ||
inappropriate or such efforts were
made and were | ||
unsuccessful; and
| ||
(B) termination of parental rights and appointment | ||
of a guardian with
power to consent to adoption is in | ||
the best interest of the child pursuant to
Section | ||
2-29.
| ||
(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. | ||
90-443);
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. | ||
8-16-97; 90-566, eff.
1-2-98; 90-608, eff. 6-30-98.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |