Public Act 094-0991
 
SB0859 Enrolled LRB094 04502 NHT 34531 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 Section
21-23 as follows:
 
    (105 ILCS 5/21-23)  (from Ch. 122, par. 21-23)
    Sec. 21-23. Suspension or revocation of certificate.
    (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,
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
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
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
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
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
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. 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
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
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.
    The State Board may refuse to issue or may suspend the
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.
    (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,
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.
    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
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
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.
    (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
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.
    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
Superintendent of Education is authorized to conduct pursuant
to this Section, and the court may compel obedience to its
orders by proceedings for contempt.
    (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.
(Source: P.A. 93-679, eff. 6-30-04.)

Effective Date: 1/1/2007