Public Act 097-0248
 
HB1240 EnrolledLRB097 06601 NHT 46686 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Sections 
10-21.9 and 34-18.5 as follows:
 



    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)


    Sec. 10-21.9. Criminal history records checks and checks of 
the Statewide Sex Offender Database and Statewide Child 
Murderer and Violent Offender Against Youth Database. 

    (a) 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 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 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 Department
of State Police, 
to 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 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.
 The
Department shall 
charge
the school district
or the appropriate regional 
superintendent a fee for
conducting
 such check, which fee shall 
be deposited in the State
Police Services Fund and shall not 
exceed the cost of
the inquiry; and the
applicant shall not be 
charged a fee for
such check by the school
district or by the 
regional superintendent, except that those applicants seeking 
employment as a substitute teacher with a school district may 
be charged a fee not to exceed the cost of the inquiry.  Subject 
to appropriations for these purposes, the State Superintendent 
of Education shall reimburse school districts and regional 
superintendents for fees paid to obtain criminal history 
records checks under this Section.

    (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender Database, 
as authorized by the Sex Offender Community Notification Law, 
for each applicant.

    (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Child Murderer and 
Violent Offender Against Youth Database, as authorized by the 
Child Murderer and Violent Offender Against Youth Community 
Notification Law, for each applicant.

    (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 
Department of State
Police by the regional superintendent, the 
State Superintendent of
Education, the State Teacher 
Certification Board, any other person
necessary to the decision 
of hiring the applicant for employment, or for clarification 
purposes the Department of State Police or Statewide Sex 
Offender Database, or both.  A copy
of the record of convictions 
obtained from the Department of State Police
shall be provided 
to the applicant for employment. Upon the check of the 
Statewide Sex Offender Database, the school district or 
regional superintendent shall notify an applicant as to whether 
or not the applicant has been identified in the Database as a 
sex offender. 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

Department of 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)
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 as a sex 
offender, 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 and evidencing that as of the date 
that the regional superintendent conducted a check of the 
Statewide Sex Offender Database, the applicant has not been 
identified in the Database as a sex offender.  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 Department 
of
State Police and its own check of the Statewide Sex Offender 
Database 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 of any offense that would subject him or her to 
certification suspension or revocation pursuant to Section 
21-23a of this Code.
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 and a Statewide Sex 
Offender Database check 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
State Superintendent of Education may initiate 
certificate suspension
and revocation proceedings as 
authorized by law.

    (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 
certificate holder whom he or she has reasonable cause to 
believe has committed 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, and that act resulted in the 
certificate holder's dismissal or resignation from the school 
district.  This notification must be submitted within 30 days 
after the dismissal or resignation.  The certificate 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 Teacher Certification 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 21 of this Code, 
(ii) pursuant to a court order, (iii) for disclosure to the 
certificate 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 Department of 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.

    (g)  In order to student teach in the public schools, a 
person is required to authorize a fingerprint-based criminal 
history records check and checks of the Statewide Sex Offender 
Database and Statewide Child Murderer and Violent Offender 
Against Youth Database prior to participating in any field 
experiences in the public schools.  Authorization for and 
payment of the costs of the checks must be furnished by the 
student teacher.  Results of the checks must be furnished to the 
higher education institution where the student teacher is 
enrolled and the superintendent of the school district where 
the student is assigned. 
    (h) Upon request of a school, school district, community 
college district, or private school, any information obtained 
by a school district pursuant to subsection (f) of this Section 
within the last year must be made available to that school, 
school district, community college district, or private 
school. 
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; 
96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)

 
    (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 Child 
Murderer and Violent Offender Against Youth Database. 
    (a) 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 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 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 Department
of State Police, to 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 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.  The
Department 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.
    (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Child Murderer and 
Violent Offender Against Youth Database, as authorized by the 
Child Murderer and Violent Offender Against Youth Community 
Notification Law, for each applicant.
    (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
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. Upon the check of the Statewide Sex 
Offender Database, the school district or regional 
superintendent shall notify an applicant as to whether or not 
the applicant has been identified in the Database as a sex 
offender. 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 
Department of 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)
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 as a sex 
offender, 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 and evidencing that as of the date 
that the regional superintendent conducted a check of the 
Statewide Sex Offender Database, the applicant has not been 
identified in the Database as a sex offender.  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 Department 
of State Police and its own check of the Statewide Sex Offender 
Database 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 of any offense that would subject 
him or her to certification suspension or revocation pursuant 
to Section 21-23a of this Code.
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 and a 
Statewide Sex Offender Database check 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 State Superintendent of
Education may initiate 
certificate suspension and revocation
proceedings as 
authorized by law.
    (e-5)  The general superintendent of schools shall, in 
writing, notify the State Superintendent of Education of any 
certificate holder whom he or she has reasonable cause to 
believe has committed 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, and that act resulted in the 
certificate holder's dismissal or resignation from the school 
district.  This notification must be submitted within 30 days 
after the dismissal or resignation.  The certificate 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 Teacher 
Certification 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 21 of this Code, (ii) pursuant to a court order, (iii) 
for disclosure to the certificate 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
Department of 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.
    (g)  In order to student teach in the public schools, a 
person is required to authorize a fingerprint-based criminal 
history records check and checks of the Statewide Sex Offender 
Database and Statewide Child Murderer and Violent Offender 
Against Youth Database prior to participating in any field 
experiences in the public schools.  Authorization for and 
payment of the costs of the checks must be furnished by the 
student teacher.  Results of the checks must be furnished to the 
higher education institution where the student teacher is 
enrolled and the general superintendent of schools. 
    (h) Upon request of a school, school district, community 
college district, or private school, any information obtained 
by the school district pursuant to subsection (f) of this 
Section within the last year must be made available to that 
school, school district, community college district, or 
private school. 
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; 
96-1452, eff. 8-20-10.)