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| Public Act 094-0991 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
21-23 as follows:
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(105 ILCS 5/21-23) (from Ch. 122, par. 21-23)
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Sec. 21-23. Suspension or revocation of certificate.
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(a) Any certificate issued pursuant to this Article, | ||||
including but not
limited to any administrative certificate or | ||||
endorsement,
may be suspended
for a
period not to exceed one | ||||
calendar year by the regional
superintendent or for a period | ||||
not to exceed 5 calendar years by the
State Superintendent of | ||||
Education upon evidence of immorality, a condition
of health | ||||
detrimental to the welfare of pupils, incompetency,
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unprofessional conduct (which includes the failure to disclose | ||||
on an employment application any previous conviction for a sex | ||||
offense, as defined in Section 21-23a of this Code, or any | ||||
other offense committed in any other state or against the laws | ||||
of the United States that, if committed in this State, would be | ||||
punishable as a sex offense, as defined in Section 21-23a of | ||||
this Code), the neglect of any professional duty, willful
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failure to report an instance of suspected child abuse or | ||||
neglect as
required by the Abused and Neglected Child Reporting | ||||
Act, failure to
establish satisfactory repayment on an | ||||
educational loan guaranteed by the
Illinois Student Assistance | ||||
Commission,
or other just cause. Unprofessional conduct shall
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include refusal to attend or participate in, institutes, | ||||
teachers' meetings,
professional readings, or to meet other | ||||
reasonable requirements of the
regional superintendent or | ||||
State Superintendent of Education. Unprofessional
conduct also | ||||
includes conduct that violates the standards,
ethics, or rules
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applicable to the security, administration, monitoring, or | ||||
scoring of, or the
reporting of scores from, any assessment | ||
test or the Prairie State Achievement
Examination administered
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under Section 2-3.64 or that is known or intended to produce or | ||
report
manipulated or artificial, rather than actual, | ||
assessment or achievement
results
or gains from the | ||
administration of those tests or examinations. It shall
also | ||
include neglect or unnecessary delay in making of statistical | ||
and
other reports required by school officers. The regional | ||
superintendent
or State Superintendent of Education shall upon | ||
receipt of evidence of
immorality, a condition of health | ||
detrimental to the welfare of pupils,
incompetency, | ||
unprofessional conduct, the neglect of any professional
duty or | ||
other just cause serve written notice to the individual and
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afford the individual opportunity for a hearing prior to | ||
suspension. If
a hearing is requested within 10 days of notice | ||
of opportunity for
hearing it shall act as a stay of | ||
proceedings not to exceed 30 days, unless the individual | ||
requests a delay. In such an instance, the stay of proceedings | ||
must be continued for another 30 days. No
certificate shall be | ||
suspended until the teacher has an opportunity for
a hearing at | ||
the educational service region. When a certificate is
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suspended, the right of appeal shall lie to the State Teacher
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Certification Board. When an appeal is taken within 10 days | ||
after
notice of suspension it shall act as a stay of | ||
proceedings not to exceed
120 days. If a certificate is | ||
suspended for a period greater than one
year, the State | ||
Superintendent of Education shall review the suspension
prior | ||
to the expiration of that period to determine whether the cause | ||
for
the suspension has been remedied or continues to exist. | ||
Upon determining
that the cause for suspension has not abated, | ||
the State Superintendent of
Education may order that the | ||
suspension be continued for an appropriate
period. Nothing in | ||
this Section prohibits the continuance of such a
suspension for | ||
an indefinite period if the State Superintendent determines
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that the cause for the suspension remains unabated. Any | ||
certificate may be
revoked for the same reasons as for | ||
suspension by the State Superintendent
of Education. No | ||
certificate shall be revoked until the teacher has an
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opportunity for a hearing before the State Teacher | ||
Certification Board,
which hearing must be held within 120
days | ||
from the date the appeal is taken, unless the State Teacher | ||
Certification Board requests a delay. In such an instance, the | ||
stay of the revocation proceedings must be continued until the | ||
completion of the proceedings.
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The State Board may refuse to issue or may suspend the
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certificate of any person who fails to file a return, or to pay | ||
the tax,
penalty or interest shown in a filed return, or to pay | ||
any final assessment
of tax, penalty or interest, as required | ||
by any tax Act administered by the
Illinois Department of | ||
Revenue, until such time as the requirements of any
such tax | ||
Act are satisfied.
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(b) Any certificate issued pursuant to this Article may be | ||
suspended
for an appropriate length of time as determined by | ||
either the regional
superintendent or State Superintendent of | ||
Education upon evidence that the
holder of the certificate has | ||
been named as a perpetrator in an indicated
report filed | ||
pursuant to the Abused and Neglected Child Reporting Act,
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approved June 26, 1975, as amended, and upon proof by clear and | ||
convincing
evidence that the licensee has caused a child to be | ||
an abused child or
neglected child as defined in the Abused and | ||
Neglected Child Reporting Act.
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The regional superintendent or State Superintendent of | ||
Education shall,
upon receipt of evidence that the certificate | ||
holder has been named a
perpetrator in any indicated report, | ||
serve written notice to the individual
and afford the | ||
individual opportunity for a hearing prior to suspension.
If a | ||
hearing is requested within 10 days of notice of opportunity | ||
for
hearing, it shall act as a stay of proceedings not to | ||
exceed 30 days, unless the individual requests a delay. In such | ||
an instance, the stay of proceedings must be continued for | ||
another 30 days. No
certificate shall be suspended until the | ||
teacher has an opportunity for
a hearing at the educational | ||
service region. When a certificate is
suspended, the right of | ||
appeal shall lie to the State Teacher
Certification Board. When | ||
an appeal is taken within 10 days after
notice of suspension it | ||
shall act as a stay of proceedings not to exceed 120
days. The | ||
State Superintendent may revoke any certificate upon proof at
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hearing by clear and convincing evidence that the certificate | ||
holder has
caused a child to be an abused child or neglected | ||
child as defined in the
Abused and Neglected Child Reporting | ||
Act. No certificate shall be revoked
until the teacher has an | ||
opportunity for a hearing before the State Teacher
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Certification Board, which hearing must be held within 120 days | ||
from the
date the appeal is taken, unless the teacher or the | ||
hearing officer appointed by the State Teacher Certification | ||
Board requests a delay. In such an instance, the stay of the | ||
revocation proceedings must be continued until the completion | ||
of the proceedings.
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(c) The State Superintendent of Education or a person | ||
designated by him
shall have the power to administer oaths to | ||
witnesses at any hearing
conducted before the State Teacher | ||
Certification Board pursuant to this
Section. The State | ||
Superintendent of Education or a person designated by
him is | ||
authorized to subpoena and bring before the State Teacher
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Certification Board any person in this State and to take | ||
testimony either
orally or by deposition or by exhibit, with | ||
the same fees and mileage and
in the same manner as prescribed | ||
by law in judicial proceedings in the
civil cases in circuit | ||
courts of this State.
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Any circuit court, upon the application of the State | ||
Superintendent of
Education, may, by order duly entered, | ||
require the attendance of witnesses
and the production of | ||
relevant books and papers at any hearing the State
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Superintendent of Education is authorized to conduct pursuant | ||
to this Section,
and the court may compel obedience to its | ||
orders by proceedings for contempt.
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(d) As used in this Section, "teacher" means any school | ||
district employee
regularly required to be certified, as | ||
provided in this Article, in order to
teach or supervise in the | ||
public schools.
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(Source: P.A. 93-679, eff. 6-30-04.)
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