Public Act 101-0072
Public Act 0072 101ST GENERAL ASSEMBLY
|
Public Act 101-0072
| | HB2982 Enrolled | LRB101 09382 AXK 54480 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 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, | 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 Board of Education and a school district as authorized | under subsection (b-5), 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 or Statewide Murderer and Violent Offender Against | Youth Database, the school district or regional superintendent | shall notify an applicant as to whether or not the applicant | has been identified in the Database 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) of this Section
or has not been |
| convicted, within 7 years of the
application for
employment | with the
school district, of any other felony under the laws of | this State or of any
offense committed or attempted in any | other state or against the laws of
the United States that, if | committed or attempted in this State, would
have been | punishable as a felony under the laws of this State
and so | notifies the regional
superintendent and if the regional | superintendent upon a check ascertains that the applicant has | not been identified in the Sex Offender Database or Statewide | Murderer and Violent Offender Against Youth Database 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) of this Section
or has not been
| convicted, within 7 years of the application for employment | with the
school district, of any other felony under the laws of | this State or of any
offense committed or attempted in any | other state or against the laws of
the United States that, if | committed or attempted in this State, would
have been | punishable as a felony under the laws of this State and | evidencing that as of the date that the regional superintendent | conducted a check of the Statewide Sex Offender Database or | Statewide Murderer and Violent Offender Against Youth | Database, the applicant has not been identified in the Database | 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 or Statewide | Murderer and Violent Offender Against Youth Database as | provided in this Section subsection (a). Any unauthorized | release of confidential information may be a violation of | Section 7 of the Criminal Identification Act.
| (b-5) If a criminal history records check or check of the | Statewide Sex Offender Database or Statewide Murderer and | Violent Offender Against Youth Database is performed by a | regional superintendent for an applicant seeking employment as | a substitute teacher with a school district, the regional | superintendent may disclose to the State Board of Education | whether the applicant has been issued a certificate under | subsection (b) based on those checks. If the State Board | receives information on an applicant under this subsection, | then it must indicate in the Educator Licensure Information | System for a 90-day period that the applicant has been issued | or has not been issued a certificate. | (c) No school board shall knowingly employ a person who has | been
convicted of any offense that would subject him or her to | license suspension or revocation pursuant to Section 21B-80 of | this Code.
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 the public schools, a | student teacher is required to authorize a fingerprint-based | criminal history records check. Authorization for and payment | of the costs of the check must be furnished by the student | teacher to the school district where the student teaching is to | be completed. Upon receipt of this authorization and payment, | the school district shall submit the student teacher's name, | sex, race, date of birth, social security number, fingerprint | images, and other identifiers, as prescribed by the 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. | 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). | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
| (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 Board of Education and the | school district as authorized under subsection (b-5), 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 or Statewide Murderer and | Violent Offender Against Youth Database, the school district or | regional superintendent shall notify an applicant as to whether | or not the applicant has been identified in the Database 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) of this Section
or | has not been
convicted,
within 7 years of the application for | employment with the
school district, of any other felony under | the laws of this State or of any
offense committed or attempted | in any other state or against the laws of
the United States | that, if committed or attempted in this State, would
have been | punishable as a felony under the laws of this State and so
| notifies the regional superintendent and if the regional | superintendent upon a check ascertains that the applicant has | not been identified in the Sex Offender Database or Statewide | Murderer and Violent Offender Against Youth Database 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) of this Section
or has not been
| convicted, within 7 years of the application for employment | with the
school district, of any other felony under the laws of | this State or of any
offense committed or attempted in any | other state or against the laws of
the United States that, if | committed or attempted in this State, would
have been | punishable as a felony under the laws of this State and | evidencing that as of the date that the regional superintendent |
| conducted a check of the Statewide Sex Offender Database or | Statewide Murderer and Violent Offender Against Youth | Database, the applicant has not been identified in the Database | 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 or Statewide | Murderer and Violent Offender Against Youth Database as | provided in this Section
subsection (a). Any unauthorized | release of confidential information may be a violation of | Section 7 of the Criminal Identification Act. | (b-5) If a criminal history records check or check of the | Statewide Sex Offender Database or Statewide Murderer and | Violent Offender Against Youth Database is performed by a | regional superintendent for an applicant seeking employment as | a substitute teacher with the school district, the regional | superintendent may disclose to the State Board of Education | whether the applicant has been issued a certificate under | subsection (b) based on those checks. If the State Board | receives information on an applicant under this subsection, | then it must indicate in the Educator Licensure Information | System for a 90-day period that the applicant has been issued | or has not been issued a certificate. |
| (c) The board of education shall not knowingly employ a | person who has
been convicted of any offense that would subject | him or her to license suspension or revocation pursuant to | Section 21B-80 of this Code.
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 the public schools, a | student teacher is required to authorize a fingerprint-based | criminal history records check. Authorization for and payment | of the costs of the check must be furnished by the student | teacher to the school district. Upon receipt of this | authorization and payment, the school district shall submit the |
| student teacher's name, sex, race, date of birth, social | security number, fingerprint images, and other identifiers, as | prescribed by the 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. | 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). | (Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 7/12/2019
|
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