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Public Act 099-0021 | ||||
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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 | ||||
2-3.25o, 10-21.9, and 34-18.5 as follows: | ||||
(105 ILCS 5/2-3.25o)
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Sec. 2-3.25o. Registration and recognition of non-public | ||||
elementary and
secondary schools.
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(a) Findings. The General Assembly finds and declares (i) | ||||
that the
Constitution
of the State of Illinois provides that a | ||||
"fundamental goal of the People of the
State is the
educational | ||||
development of all persons to the limits of their capacities" | ||||
and
(ii) that the
educational development of every school | ||||
student serves the public purposes of
the State.
In order to | ||||
ensure that all Illinois students and teachers have the | ||||
opportunity
to enroll and
work in State-approved educational | ||||
institutions and programs, the State Board
of
Education shall | ||||
provide for the voluntary registration and recognition of
| ||||
non-public
elementary and secondary schools.
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(b) Registration. All non-public elementary and secondary | ||||
schools in the
State
of
Illinois may voluntarily register with | ||||
the State Board of Education on an
annual basis. Registration | ||||
shall
be completed
in conformance with procedures prescribed by |
the State Board of Education.
Information
required for | ||
registration shall include assurances of compliance (i) with
| ||
federal
and State
laws regarding health examination and | ||
immunization, attendance, length of term,
and
| ||
nondiscrimination and (ii) with applicable fire and health | ||
safety requirements.
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(c) Recognition. All non-public elementary and secondary | ||
schools in the
State of
Illinois may voluntarily seek the | ||
status of "Non-public School Recognition"
from
the State
Board | ||
of Education. This status may be obtained by compliance with
| ||
administrative
guidelines and review procedures as prescribed | ||
by the State Board of Education.
The
guidelines and procedures | ||
must recognize that some of the aims and the
financial bases of
| ||
non-public schools are different from public schools and will | ||
not be identical
to those for
public schools, nor will they be | ||
more burdensome. The guidelines and procedures
must
also | ||
recognize the diversity of non-public schools and shall not | ||
impinge upon
the
noneducational relationships between those | ||
schools and their clientele.
| ||
(c-5) Prohibition against recognition. A non-public | ||
elementary or secondary school may not obtain "Non-public | ||
School Recognition" status unless the school requires all | ||
certified and non-certified applicants for employment with the | ||
school, after July 1, 2007, to authorize a fingerprint-based | ||
criminal history records check as a condition of employment to | ||
determine if such applicants have been convicted of any of the |
enumerated criminal or drug offenses set forth in Section | ||
21B-80 21-23a of this Code or have been convicted, within 7 | ||
years of the application for employment, 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, except that if the applicant is a | ||
substitute teacher seeking employment in more than one | ||
non-public school, a teacher seeking concurrent part-time | ||
employment positions with more than one non-public school (as a | ||
reading specialist, special education teacher, or otherwise), | ||
or an educational support personnel employee seeking | ||
employment positions with more than one non-public school, then | ||
only one of the non-public schools employing the individual | ||
shall request the authorization. Upon receipt of this | ||
authorization, the non-public school 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 | ||
of State Police. | ||
The Department of State Police and Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereafter, until expunged, to the president or |
principal of the non-public school that requested the check. | ||
The Department of State Police shall charge that school a fee | ||
for conducting such check, which fee must be deposited into the | ||
State Police Services Fund and must not exceed the cost of the | ||
inquiry. Subject to appropriations for these purposes, the | ||
State Superintendent of Education shall reimburse non-public | ||
schools for fees paid to obtain criminal history records checks | ||
under this Section. | ||
A non-public school may not obtain recognition status | ||
unless the school also performs a check of the Statewide Sex | ||
Offender Database, as authorized by the Sex Offender Community | ||
Notification Law, for each applicant for employment, after July | ||
1, 2007, to determine whether the applicant has been | ||
adjudicated a sex offender. | ||
Any information concerning the record of convictions | ||
obtained by a non-public school's president or principal under | ||
this Section is confidential and may be disseminated only to | ||
the governing body of the non-public school 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 a check of the Statewide Sex | ||
Offender Database, the non-public school shall notify the | ||
applicant as to whether or not the applicant has been | ||
identified in the Sex Offender Database as a sex offender. Any | ||
information concerning the records of conviction obtained by |
the non-public school's president or principal under this | ||
Section for a substitute teacher seeking employment in more | ||
than one non-public school, a teacher seeking concurrent | ||
part-time employment positions with more than one non-public | ||
school (as a reading specialist, special education teacher, or | ||
otherwise), or an educational support personnel employee | ||
seeking employment positions with more than one non-public | ||
school may be shared with another non-public school's principal | ||
or president to which the applicant seeks employment. Any | ||
unauthorized release of confidential information may be a | ||
violation of Section 7 of the Criminal Identification Act. Any | ||
person who releases any criminal history record information | ||
concerning an applicant for employment is guilty of a Class A | ||
misdemeanor and may be subject to prosecution under federal | ||
law, unless the release of such information is authorized by | ||
this Section. | ||
No non-public school may obtain recognition status that | ||
knowingly employs a person, hired after July 1, 2007, for whom | ||
a Department of State Police and Federal Bureau of | ||
Investigation fingerprint-based criminal history records check | ||
and a Statewide Sex Offender Database check has not been | ||
initiated or who has been convicted of any offense enumerated | ||
in Section 21B-80 of this Code or 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 one or more of those offenses. No |
non-public school may obtain recognition status under this | ||
Section that knowingly employs a person who 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. | ||
In order to obtain recognition status under this Section, a | ||
non-public school must require compliance with the provisions | ||
of this subsection (c-5) from all employees of persons or firms | ||
holding contracts with the school, including, but not limited | ||
to, food service workers, school bus drivers, and other | ||
transportation employees, who have direct, daily contact with | ||
pupils. Any information concerning the records of conviction or | ||
identification as a sex offender of any such employee obtained | ||
by the non-public school principal or president must be | ||
promptly reported to the school's governing body.
| ||
Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in any non-public elementary | ||
or secondary school that has obtained or seeks to obtain | ||
recognition status under this Section, 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 chief | ||
administrative officer of the non-public school where the | ||
student teaching is to be completed. Upon receipt of this | ||
authorization and payment, the chief administrative officer of |
the non-public school shall submit the student teacher'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 of State Police. 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, | ||
forever and hereinafter, until expunged, to the chief | ||
administrative officer of the non-public school that requested | ||
the check. The Department of State Police shall charge the | ||
school a fee for conducting the check, which fee must be passed | ||
on to the student teacher, must not exceed the cost of the | ||
inquiry, and must be deposited into the State Police Services | ||
Fund. The school 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 that has obtained or seeks | ||
to obtain recognition status under this Section 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 chief | ||
administrative officer of the non-public school. | ||
A copy of the record of convictions obtained from the |
Department of State Police must be provided to the student | ||
teacher. Any information concerning the record of convictions | ||
obtained by the chief administrative officer of the non-public | ||
school is confidential and may be transmitted only to the chief | ||
administrative officer of the non-public school or his or her | ||
designee, the State Superintendent of Education, the State | ||
Educator Preparation and Licensure Board, or, for | ||
clarification purposes, the Department of 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 that has obtained or seeks to obtain recognition | ||
status under this Section may 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 Section 21B-80 of this Code or who 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. | ||
(d) Public purposes. The provisions of this Section are in | ||
the public
interest, for
the public benefit, and serve secular | ||
public purposes.
| ||
(e) Definition. For purposes of this Section, a non-public | ||
school means any
non-profit, non-home-based, and non-public | ||
elementary or secondary school that
is
in
compliance with Title |
VI of the Civil Rights Act of 1964 and attendance at
which
| ||
satisfies the requirements of Section 26-1 of this Code.
| ||
(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
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(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||
Sec. 10-21.9. Criminal history records checks and checks of | ||
the Statewide Sex Offender Database and Statewide Murderer and | ||
Violent Offender Against Youth Database.
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(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.
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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, | ||
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
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 Murderer and Violent | ||
Offender Against Youth Database, as authorized by the 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 unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. 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 | ||
license suspension or revocation pursuant to Section 21B-80 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.
| ||
(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 order to student teach in | ||
the public schools, a student teacher person is required to |
authorize a fingerprint-based criminal history records check | ||
and checks of the Statewide Sex Offender Database and Statewide | ||
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 check checks | ||
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 Department of State Police, | ||
to the Department of State Police. 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, forever and hereinafter, until | ||
expunged, to the president of the school board for the school | ||
district that requested the check. The Department 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. 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. | ||
A copy of the record of convictions obtained from the | ||
Department of 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 Department of 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 may 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 | ||
Section 21B-80 of this Code or who 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. |
(h) (Blank). 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. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||
96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; | ||
97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
| ||
(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) 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, | ||
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
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 Murderer and Violent | ||
Offender Against Youth Database, as authorized by the 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 unauthorized |
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. 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 license suspension or revocation pursuant to | ||
Section 21B-80 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. | ||
(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 order to student teach in | ||
the public schools, a student teacher person is required to | ||
authorize a fingerprint-based criminal history records check | ||
and checks of the Statewide Sex Offender Database and Statewide | ||
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 check checks | ||
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 Department | ||
of State Police, to the Department of State Police. 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, | ||
forever and hereinafter, until expunged, to the president of | ||
the board. The Department 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. Results of the checks must be | ||
furnished to the higher education institution where the student | ||
teacher is enrolled and the general superintendent of schools. | ||
A copy of the record of convictions obtained from the | ||
Department of 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 Department of 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 Section | ||
21B-80 of this Code or who 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. |
(h) (Blank). 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. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||
97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; | ||
97-813, eff. 7-13-12.)
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