Public Act 096-1452
Public Act 1452 96TH GENERAL ASSEMBLY
|
Public Act 096-1452
| | HB5340 Enrolled | LRB096 16870 NHT 35121 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. 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, or 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. | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
| (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. | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/20/2010
|
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