100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5556

 

Introduced , by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.25o
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9
105 ILCS 5/21B-110 new
105 ILCS 5/34-18.5  from Ch. 122, par. 34-18.5

    Amends the School Code. With respect to the requirement that a student teacher authorize a fingerprint-based criminal history records check prior to the commencement of any student teaching experience or required internship, provides for the authorization to be made to and the student teacher's information to be submitted by the educator preparation institution at which the student teacher is enrolled (instead of the school district or non-public school where the student teaching is to be completed). Makes related changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5556LRB100 20799 NHT 36289 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.25o, 10-21.9, and 34-18.5 and by adding Section 21B-110 as
6follows:
 
7    (105 ILCS 5/2-3.25o)
8    Sec. 2-3.25o. Registration and recognition of non-public
9elementary and secondary schools.
10    (a) Findings. The General Assembly finds and declares (i)
11that the Constitution of the State of Illinois provides that a
12"fundamental goal of the People of the State is the educational
13development of all persons to the limits of their capacities"
14and (ii) that the educational development of every school
15student serves the public purposes of the State. In order to
16ensure that all Illinois students and teachers have the
17opportunity to enroll and work in State-approved educational
18institutions and programs, the State Board of Education shall
19provide for the voluntary registration and recognition of
20non-public elementary and secondary schools.
21    (b) Registration. All non-public elementary and secondary
22schools in the State of Illinois may voluntarily register with
23the State Board of Education on an annual basis. Registration

 

 

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1shall be completed in conformance with procedures prescribed by
2the State Board of Education. Information required for
3registration shall include assurances of compliance (i) with
4federal and State laws regarding health examination and
5immunization, attendance, length of term, and
6nondiscrimination and (ii) with applicable fire and health
7safety requirements.
8    (c) Recognition. All non-public elementary and secondary
9schools in the State of Illinois may voluntarily seek the
10status of "Non-public School Recognition" from the State Board
11of Education. This status may be obtained by compliance with
12administrative guidelines and review procedures as prescribed
13by the State Board of Education. The guidelines and procedures
14must recognize that some of the aims and the financial bases of
15non-public schools are different from public schools and will
16not be identical to those for public schools, nor will they be
17more burdensome. The guidelines and procedures must also
18recognize the diversity of non-public schools and shall not
19impinge upon the noneducational relationships between those
20schools and their clientele.
21    (c-5) Prohibition against recognition. A non-public
22elementary or secondary school may not obtain "Non-public
23School Recognition" status unless the school requires all
24certified and non-certified applicants for employment with the
25school, after July 1, 2007, to authorize a fingerprint-based
26criminal history records check as a condition of employment to

 

 

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1determine if such applicants have been convicted of any of the
2enumerated criminal or drug offenses set forth in Section
321B-80 of this Code or have been convicted, within 7 years of
4the application for employment, of any other felony under the
5laws of this State or of any offense committed or attempted in
6any other state or against the laws of the United States that,
7if committed or attempted in this State, would have been
8punishable as a felony under the laws of this State.
9    Authorization for the check shall be furnished by the
10applicant to the school, except that if the applicant is a
11substitute teacher seeking employment in more than one
12non-public school, a teacher seeking concurrent part-time
13employment positions with more than one non-public school (as a
14reading specialist, special education teacher, or otherwise),
15or an educational support personnel employee seeking
16employment positions with more than one non-public school, then
17only one of the non-public schools employing the individual
18shall request the authorization. Upon receipt of this
19authorization, the non-public school shall submit the
20applicant's name, sex, race, date of birth, social security
21number, fingerprint images, and other identifiers, as
22prescribed by the Department of State Police, to the Department
23of State Police.
24    The Department of State Police and Federal Bureau of
25Investigation shall furnish, pursuant to a fingerprint-based
26criminal history records check, records of convictions,

 

 

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1forever and hereafter, until expunged, to the president or
2principal of the non-public school that requested the check.
3The Department of State Police shall charge that school a fee
4for conducting such check, which fee must be deposited into the
5State Police Services Fund and must not exceed the cost of the
6inquiry. Subject to appropriations for these purposes, the
7State Superintendent of Education shall reimburse non-public
8schools for fees paid to obtain criminal history records checks
9under this Section.
10    A non-public school may not obtain recognition status
11unless the school also performs a check of the Statewide Sex
12Offender Database, as authorized by the Sex Offender Community
13Notification Law, for each applicant for employment, after July
141, 2007, to determine whether the applicant has been
15adjudicated a sex offender.
16    Any information concerning the record of convictions
17obtained by a non-public school's president or principal under
18this Section is confidential and may be disseminated only to
19the governing body of the non-public school or any other person
20necessary to the decision of hiring the applicant for
21employment. A copy of the record of convictions obtained from
22the Department of State Police shall be provided to the
23applicant for employment. Upon a check of the Statewide Sex
24Offender Database, the non-public school shall notify the
25applicant as to whether or not the applicant has been
26identified in the Sex Offender Database as a sex offender. Any

 

 

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1information concerning the records of conviction obtained by
2the non-public school's president or principal under this
3Section for a substitute teacher seeking employment in more
4than one non-public school, a teacher seeking concurrent
5part-time employment positions with more than one non-public
6school (as a reading specialist, special education teacher, or
7otherwise), or an educational support personnel employee
8seeking employment positions with more than one non-public
9school may be shared with another non-public school's principal
10or president to which the applicant seeks employment. Any
11unauthorized release of confidential information may be a
12violation of Section 7 of the Criminal Identification Act.
13    No non-public school may obtain recognition status that
14knowingly employs a person, hired after July 1, 2007, for whom
15a Department of State Police and Federal Bureau of
16Investigation fingerprint-based criminal history records check
17and a Statewide Sex Offender Database check has not been
18initiated or who has been convicted of any offense enumerated
19in Section 21B-80 of this Code or any offense committed or
20attempted in any other state or against the laws of the United
21States that, if committed or attempted in this State, would
22have been punishable as one or more of those offenses. No
23non-public school may obtain recognition status under this
24Section that knowingly employs a person who has been found to
25be the perpetrator of sexual or physical abuse of a minor under
2618 years of age pursuant to proceedings under Article II of the

 

 

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1Juvenile Court Act of 1987.
2    In order to obtain recognition status under this Section, a
3non-public school must require compliance with the provisions
4of this subsection (c-5) from all employees of persons or firms
5holding contracts with the school, including, but not limited
6to, food service workers, school bus drivers, and other
7transportation employees, who have direct, daily contact with
8pupils. Any information concerning the records of conviction or
9identification as a sex offender of any such employee obtained
10by the non-public school principal or president must be
11promptly reported to the school's governing body.
12    Prior to the commencement of any student teaching
13experience or required internship (which is referred to as
14student teaching in this Section) in any non-public elementary
15or secondary school that has obtained or seeks to obtain
16recognition status under this Section, a student teacher is
17required to authorize a fingerprint-based criminal history
18records check. Authorization for and payment of the costs of
19the check must be furnished by the student teacher to the chief
20administrative officer of the non-public school where the
21student teaching is to be completed. Upon receipt of this
22authorization and payment, the chief administrative officer of
23the non-public school shall submit the student teacher's name,
24sex, race, date of birth, social security number, fingerprint
25images, and other identifiers, as prescribed by the Department
26of State Police, to the Department of State Police. The

 

 

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1Department of State Police and the Federal Bureau of
2Investigation shall furnish, pursuant to a fingerprint-based
3criminal history records check, records of convictions,
4forever and hereinafter, until expunged, to the chief
5administrative officer of the non-public school that requested
6the check. The Department of State Police shall charge the
7school a fee for conducting the check, which fee must be passed
8on to the student teacher, must not exceed the cost of the
9inquiry, and must be deposited into the State Police Services
10Fund. The school shall further perform a check of the Statewide
11Sex Offender Database, as authorized by the Sex Offender
12Community Notification Law, and of the Statewide Murderer and
13Violent Offender Against Youth Database, as authorized by the
14Murderer and Violent Offender Against Youth Registration Act,
15for each student teacher. No school that has obtained or seeks
16to obtain recognition status under this Section may knowingly
17allow a person to student teach for whom a criminal history
18records check, a Statewide Sex Offender Database check, and a
19Statewide Murderer and Violent Offender Against Youth Database
20check have not been completed under Section 21B-110 of this
21Code and reviewed by the chief administrative officer of the
22non-public school.
23    A copy of the record of convictions obtained from the
24Department of State Police must be provided to the student
25teacher. Any information concerning the record of convictions
26obtained by the chief administrative officer of the non-public

 

 

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1school is confidential and may be transmitted only to the chief
2administrative officer of the non-public school or his or her
3designee, the State Superintendent of Education, the State
4Educator Preparation and Licensure Board, or, for
5clarification purposes, the Department of State Police or the
6Statewide Sex Offender Database or Statewide Murderer and
7Violent Offender Against Youth Database. Any unauthorized
8release of confidential information may be a violation of
9Section 7 of the Criminal Identification Act.
10    No school that has obtained or seeks to obtain recognition
11status under this Section may knowingly allow a person to
12student teach who has been convicted of any offense that would
13subject him or her to license suspension or revocation pursuant
14to Section 21B-80 of this Code or who has been found to be the
15perpetrator of sexual or physical abuse of a minor under 18
16years of age pursuant to proceedings under Article II of the
17Juvenile Court Act of 1987.
18    (d) Public purposes. The provisions of this Section are in
19the public interest, for the public benefit, and serve secular
20public purposes.
21    (e) Definition. For purposes of this Section, a non-public
22school means any non-profit, non-home-based, and non-public
23elementary or secondary school that is in compliance with Title
24VI of the Civil Rights Act of 1964 and attendance at which
25satisfies the requirements of Section 26-1 of this Code.
26(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 

 

 

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1    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
2    Sec. 10-21.9. Criminal history records checks and checks of
3the Statewide Sex Offender Database and Statewide Murderer and
4Violent Offender Against Youth Database.
5    (a) Certified and noncertified applicants for employment
6with a school district, except school bus driver applicants,
7are required as a condition of employment to authorize a
8fingerprint-based criminal history records check to determine
9if such applicants have been convicted of any of the enumerated
10criminal or drug offenses in subsection (c) of this Section or
11have been convicted, within 7 years of the application for
12employment with the school district, of any other felony under
13the laws of this State or of any offense committed or attempted
14in any other state or against the laws of the United States
15that, if committed or attempted in this State, would have been
16punishable as a felony under the laws of this State.
17Authorization for the check shall be furnished by the applicant
18to the school district, except that if the applicant is a
19substitute teacher seeking employment in more than one school
20district, a teacher seeking concurrent part-time employment
21positions with more than one school district (as a reading
22specialist, special education teacher or otherwise), or an
23educational support personnel employee seeking employment
24positions with more than one district, any such district may
25require the applicant to furnish authorization for the check to

 

 

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1the regional superintendent of the educational service region
2in which are located the school districts in which the
3applicant is seeking employment as a substitute or concurrent
4part-time teacher or concurrent educational support personnel
5employee. Upon receipt of this authorization, the school
6district or the appropriate regional superintendent, as the
7case may be, shall submit the applicant's name, sex, race, date
8of birth, social security number, fingerprint images, and other
9identifiers, as prescribed by the Department of State Police,
10to the Department. The regional superintendent submitting the
11requisite information to the Department of State Police shall
12promptly notify the school districts in which the applicant is
13seeking employment as a substitute or concurrent part-time
14teacher or concurrent educational support personnel employee
15that the check of the applicant has been requested. The
16Department of State Police and the Federal Bureau of
17Investigation shall furnish, pursuant to a fingerprint-based
18criminal history records check, records of convictions,
19forever and hereinafter, until expunged, to the president of
20the school board for the school district that requested the
21check, or to the regional superintendent who requested the
22check. The Department shall charge the school district or the
23appropriate regional superintendent a fee for conducting such
24check, which fee shall be deposited in the State Police
25Services Fund and shall not exceed the cost of the inquiry; and
26the applicant shall not be charged a fee for such check by the

 

 

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1school district or by the regional superintendent, except that
2those applicants seeking employment as a substitute teacher
3with a school district may be charged a fee not to exceed the
4cost of the inquiry. Subject to appropriations for these
5purposes, the State Superintendent of Education shall
6reimburse school districts and regional superintendents for
7fees paid to obtain criminal history records checks under this
8Section.
9    (a-5) The school district or regional superintendent shall
10further perform a check of the Statewide Sex Offender Database,
11as authorized by the Sex Offender Community Notification Law,
12for each applicant.
13    (a-6) The school district or regional superintendent shall
14further perform a check of the Statewide Murderer and Violent
15Offender Against Youth Database, as authorized by the Murderer
16and Violent Offender Against Youth Community Notification Law,
17for each applicant.
18    (b) Any information concerning the record of convictions
19obtained by the president of the school board or the regional
20superintendent shall be confidential and may only be
21transmitted to the superintendent of the school district or his
22designee, the appropriate regional superintendent if the check
23was requested by the school district, the presidents of the
24appropriate school boards if the check was requested from the
25Department of State Police by the regional superintendent, the
26State Superintendent of Education, the State Teacher

 

 

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1Certification Board, any other person necessary to the decision
2of hiring the applicant for employment, or for clarification
3purposes the Department of State Police or Statewide Sex
4Offender Database, or both. A copy of the record of convictions
5obtained from the Department of State Police shall be provided
6to the applicant for employment. Upon the check of the
7Statewide Sex Offender Database, the school district or
8regional superintendent shall notify an applicant as to whether
9or not the applicant has been identified in the Database as a
10sex offender. If a check of an applicant for employment as a
11substitute or concurrent part-time teacher or concurrent
12educational support personnel employee in more than one school
13district was requested by the regional superintendent, and the
14Department of State Police upon a check ascertains that the
15applicant has not been convicted of any of the enumerated
16criminal or drug offenses in subsection (c) of this Section or
17has not been convicted, within 7 years of the application for
18employment with the school district, of any other felony under
19the laws of this State or of any offense committed or attempted
20in any other state or against the laws of the United States
21that, if committed or attempted in this State, would have been
22punishable as a felony under the laws of this State and so
23notifies the regional superintendent and if the regional
24superintendent upon a check ascertains that the applicant has
25not been identified in the Sex Offender Database as a sex
26offender, then the regional superintendent shall issue to the

 

 

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1applicant a certificate evidencing that as of the date
2specified by the Department of State Police the applicant has
3not been convicted of any of the enumerated criminal or drug
4offenses in subsection (c) of this Section or has not been
5convicted, within 7 years of the application for employment
6with the school district, of any other felony under the laws of
7this State or of any offense committed or attempted in any
8other state or against the laws of the United States that, if
9committed or attempted in this State, would have been
10punishable as a felony under the laws of this State and
11evidencing that as of the date that the regional superintendent
12conducted a check of the Statewide Sex Offender Database, the
13applicant has not been identified in the Database as a sex
14offender. The school board of any school district may rely on
15the certificate issued by any regional superintendent to that
16substitute teacher, concurrent part-time teacher, or
17concurrent educational support personnel employee or may
18initiate its own criminal history records check of the
19applicant through the Department of State Police and its own
20check of the Statewide Sex Offender Database as provided in
21subsection (a). Any unauthorized release of confidential
22information may be a violation of Section 7 of the Criminal
23Identification Act.
24    (c) No school board shall knowingly employ a person who has
25been convicted of any offense that would subject him or her to
26license suspension or revocation pursuant to Section 21B-80 of

 

 

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1this Code. Further, no school board shall knowingly employ a
2person who has been found to be the perpetrator of sexual or
3physical abuse of any minor under 18 years of age pursuant to
4proceedings under Article II of the Juvenile Court Act of 1987.
5    (d) No school board shall knowingly employ a person for
6whom a criminal history records check and a Statewide Sex
7Offender Database check has not been initiated.
8    (e) Upon receipt of the record of a conviction of or a
9finding of child abuse by a holder of any certificate issued
10pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
11Code, the State Superintendent of Education may initiate
12certificate suspension and revocation proceedings as
13authorized by law.
14    (e-5) The superintendent of the employing school board
15shall, in writing, notify the State Superintendent of Education
16and the applicable regional superintendent of schools of any
17certificate holder whom he or she has reasonable cause to
18believe has committed an intentional act of abuse or neglect
19with the result of making a child an abused child or a
20neglected child, as defined in Section 3 of the Abused and
21Neglected Child Reporting Act, and that act resulted in the
22certificate holder's dismissal or resignation from the school
23district. This notification must be submitted within 30 days
24after the dismissal or resignation. The certificate holder must
25also be contemporaneously sent a copy of the notice by the
26superintendent. All correspondence, documentation, and other

 

 

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1information so received by the regional superintendent of
2schools, the State Superintendent of Education, the State Board
3of Education, or the State Teacher Certification Board under
4this subsection (e-5) is confidential and must not be disclosed
5to third parties, except (i) as necessary for the State
6Superintendent of Education or his or her designee to
7investigate and prosecute pursuant to Article 21 of this Code,
8(ii) pursuant to a court order, (iii) for disclosure to the
9certificate holder or his or her representative, or (iv) as
10otherwise provided in this Article and provided that any such
11information admitted into evidence in a hearing is exempt from
12this confidentiality and non-disclosure requirement. Except
13for an act of willful or wanton misconduct, any superintendent
14who provides notification as required in this subsection (e-5)
15shall have immunity from any liability, whether civil or
16criminal or that otherwise might result by reason of such
17action.
18    (f) After January 1, 1990 the provisions of this Section
19shall apply to all employees of persons or firms holding
20contracts with any school district including, but not limited
21to, food service workers, school bus drivers and other
22transportation employees, who have direct, daily contact with
23the pupils of any school in such district. For purposes of
24criminal history records checks and checks of the Statewide Sex
25Offender Database on employees of persons or firms holding
26contracts with more than one school district and assigned to

 

 

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1more than one school district, the regional superintendent of
2the educational service region in which the contracting school
3districts are located may, at the request of any such school
4district, be responsible for receiving the authorization for a
5criminal history records check prepared by each such employee
6and submitting the same to the Department of State Police and
7for conducting a check of the Statewide Sex Offender Database
8for each employee. Any information concerning the record of
9conviction and identification as a sex offender of any such
10employee obtained by the regional superintendent shall be
11promptly reported to the president of the appropriate school
12board or school boards.
13    (f-5) Upon request of a school or school district, any
14information obtained by a school district pursuant to
15subsection (f) of this Section within the last year must be
16made available to the requesting school or school district.
17    (g) Prior to the commencement of any student teaching
18experience or required internship (which is referred to as
19student teaching in this Section) in the public schools, a
20student teacher is required to authorize a fingerprint-based
21criminal history records check. Authorization for and payment
22of the costs of the check must be furnished by the student
23teacher to the school district where the student teaching is to
24be completed. Upon receipt of this authorization and payment,
25the school district shall submit the student teacher's name,
26sex, race, date of birth, social security number, fingerprint

 

 

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1images, and other identifiers, as prescribed by the Department
2of State Police, to the Department of State Police. The
3Department of State Police and the Federal Bureau of
4Investigation shall furnish, pursuant to a fingerprint-based
5criminal history records check, records of convictions,
6forever and hereinafter, until expunged, to the president of
7the school board for the school district that requested the
8check. The Department shall charge the school district a fee
9for conducting the check, which fee must not exceed the cost of
10the inquiry and must be deposited into the State Police
11Services Fund. The school district shall further perform a
12check of the Statewide Sex Offender Database, as authorized by
13the Sex Offender Community Notification Law, and of the
14Statewide Murderer and Violent Offender Against Youth
15Database, as authorized by the Murderer and Violent Offender
16Against Youth Registration Act, for each student teacher. No
17school board may knowingly allow a person to student teach for
18whom a criminal history records check, a Statewide Sex Offender
19Database check, and a Statewide Murderer and Violent Offender
20Against Youth Database check have not been completed under
21Section 21B-110 of this Code and reviewed by the district.
22    A copy of the record of convictions obtained from the
23Department of State Police must be provided to the student
24teacher. Any information concerning the record of convictions
25obtained by the president of the school board is confidential
26and may only be transmitted to the superintendent of the school

 

 

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1district or his or her designee, the State Superintendent of
2Education, the State Educator Preparation and Licensure Board,
3or, for clarification purposes, the Department of State Police
4or the Statewide Sex Offender Database or Statewide Murderer
5and Violent Offender Against Youth Database. Any unauthorized
6release of confidential information may be a violation of
7Section 7 of the Criminal Identification Act.
8    No school board may knowingly allow a person to student
9teach who has been convicted of any offense that would subject
10him or her to license suspension or revocation pursuant to
11Section 21B-80 of this Code or who has been found to be the
12perpetrator of sexual or physical abuse of a minor under 18
13years of age pursuant to proceedings under Article II of the
14Juvenile Court Act of 1987.
15    (h) (Blank).
16(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
 
17    (105 ILCS 5/21B-110 new)
18    Sec. 21B-110. Student teacher criminal history records
19check.
20    (a) In this Section:
21    "Institution" means an educator preparation institution
22recognized by the State Board of Education under Section
2321B-105 of this Code.
24    "School" means a public elementary or secondary school or a
25non-public elementary or secondary school that has obtained or

 

 

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1seeks to obtain recognition status under Section 2-3.25o of
2this Code.
3    "Student teaching" includes practice teaching or a
4required internship.
5    (b) Prior to the commencement of any student teaching
6experience in a school, a student teacher is required to
7authorize a fingerprint-based criminal history records check.
8Authorization for and payment of the costs of the check must be
9furnished by the student teacher to the institution at which
10the student teacher is enrolled. Upon receipt of this
11authorization and payment, the institution shall submit the
12student teacher's name, sex, race, date of birth, social
13security number, fingerprint images, and other identifiers, as
14prescribed by the Department of State Police, to the Department
15of State Police. The institution shall also indicate to whom
16any records of convictions are to be furnished under subsection
17(c) of this Section.
18    (c) The Department of State Police and the Federal Bureau
19of Investigation shall furnish, pursuant to a
20fingerprint-based criminal history records check, records of
21convictions, forever and hereinafter, until expunged, to the
22chief administrator of the institution's educator preparation
23program, as well as to the president of the school board for
24the school district or chief administrative officer of the
25non-public school where the student teaching is to be
26completed. The Department of State Police shall charge the

 

 

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1institution a fee for conducting the check, which fee must be
2paid by the student teacher, must not exceed the cost of the
3inquiry, and must be deposited into the State Police Services
4Fund.
5    The institution shall further perform a check of the
6Statewide Sex Offender Database, as authorized by the Sex
7Offender Community Notification Law, and of the Statewide
8Murderer and Violent Offender Against Youth Database, as
9authorized by the Murderer and Violent Offender Against Youth
10Registration Act, for each student teacher and inform the
11president of the school board for the school district or chief
12administrative officer of the non-public school of any results.
13    (d) A copy of the record of convictions obtained from the
14Department of State Police must be provided to the student
15teacher. Any information concerning the record of convictions
16obtained by the chief administrator of the institution's
17educator preparation program or the president of the school
18board of the school district or chief administrative officer of
19the non-public school is confidential and may be transmitted
20only to a designee of the chief administrator of the
21institution's educator preparation program, the superintendent
22of the school district or his or her designee in the case of a
23public school, a designee of the chief administrative officer
24in the case of a non-public school, the State Superintendent of
25Education, the State Educator Preparation and Licensure Board,
26or, for clarification purposes, the Department of State Police

 

 

HB5556- 21 -LRB100 20799 NHT 36289 b

1or the Statewide Sex Offender Database or Statewide Murderer
2and Violent Offender Against Youth Database. Any unauthorized
3release of confidential information may be a violation of
4Section 7 of the Criminal Identification Act.
 
5    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
6    Sec. 34-18.5. Criminal history records checks and checks of
7the Statewide Sex Offender Database and Statewide Murderer and
8Violent Offender Against Youth Database.
9    (a) Certified and noncertified applicants for employment
10with the school district are required as a condition of
11employment to authorize a fingerprint-based criminal history
12records check to determine if such applicants have been
13convicted of any of the enumerated criminal or drug offenses in
14subsection (c) of this Section or have been convicted, within 7
15years of the application for employment with the school
16district, of any other felony under the laws of this State or
17of any offense committed or attempted in any other state or
18against the laws of the United States that, if committed or
19attempted in this State, would have been punishable as a felony
20under the laws of this State. Authorization for the check shall
21be furnished by the applicant to the school district, except
22that if the applicant is a substitute teacher seeking
23employment in more than one school district, or a teacher
24seeking concurrent part-time employment positions with more
25than one school district (as a reading specialist, special

 

 

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1education teacher or otherwise), or an educational support
2personnel employee seeking employment positions with more than
3one district, any such district may require the applicant to
4furnish authorization for the check to the regional
5superintendent of the educational service region in which are
6located the school districts in which the applicant is seeking
7employment as a substitute or concurrent part-time teacher or
8concurrent educational support personnel employee. Upon
9receipt of this authorization, the school district or the
10appropriate regional superintendent, as the case may be, shall
11submit the applicant's name, sex, race, date of birth, social
12security number, fingerprint images, and other identifiers, as
13prescribed by the Department of State Police, to the
14Department. The regional superintendent submitting the
15requisite information to the Department of State Police shall
16promptly notify the school districts in which the applicant is
17seeking employment as a substitute or concurrent part-time
18teacher or concurrent educational support personnel employee
19that the check of the applicant has been requested. The
20Department of State Police and the Federal Bureau of
21Investigation shall furnish, pursuant to a fingerprint-based
22criminal history records check, records of convictions,
23forever and hereinafter, until expunged, to the president of
24the school board for the school district that requested the
25check, or to the regional superintendent who requested the
26check. The Department shall charge the school district or the

 

 

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1appropriate regional superintendent a fee for conducting such
2check, which fee shall be deposited in the State Police
3Services Fund and shall not exceed the cost of the inquiry; and
4the applicant shall not be charged a fee for such check by the
5school district or by the regional superintendent. Subject to
6appropriations for these purposes, the State Superintendent of
7Education shall reimburse the school district and regional
8superintendent for fees paid to obtain criminal history records
9checks under this Section.
10    (a-5) The school district or regional superintendent shall
11further perform a check of the Statewide Sex Offender Database,
12as authorized by the Sex Offender Community Notification Law,
13for each applicant.
14    (a-6) The school district or regional superintendent shall
15further perform a check of the Statewide Murderer and Violent
16Offender Against Youth Database, as authorized by the Murderer
17and Violent Offender Against Youth Community Notification Law,
18for each applicant.
19    (b) Any information concerning the record of convictions
20obtained by the president of the board of education or the
21regional superintendent shall be confidential and may only be
22transmitted to the general superintendent of the school
23district or his designee, the appropriate regional
24superintendent if the check was requested by the board of
25education for the school district, the presidents of the
26appropriate board of education or school boards if the check

 

 

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1was requested from the Department of State Police by the
2regional superintendent, the State Superintendent of
3Education, the State Teacher Certification Board or any other
4person necessary to the decision of hiring the applicant for
5employment. A copy of the record of convictions obtained from
6the Department of State Police shall be provided to the
7applicant for employment. Upon the check of the Statewide Sex
8Offender Database, the school district or regional
9superintendent shall notify an applicant as to whether or not
10the applicant has been identified in the Database as a sex
11offender. If a check of an applicant for employment as a
12substitute or concurrent part-time teacher or concurrent
13educational support personnel employee in more than one school
14district was requested by the regional superintendent, and the
15Department of State Police upon a check ascertains that the
16applicant has not been convicted of any of the enumerated
17criminal or drug offenses in subsection (c) of this Section or
18has not been convicted, within 7 years of the application for
19employment with the school district, of any other felony under
20the laws of this State or of any offense committed or attempted
21in any other state or against the laws of the United States
22that, if committed or attempted in this State, would have been
23punishable as a felony under the laws of this State and so
24notifies the regional superintendent and if the regional
25superintendent upon a check ascertains that the applicant has
26not been identified in the Sex Offender Database as a sex

 

 

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1offender, then the regional superintendent shall issue to the
2applicant a certificate evidencing that as of the date
3specified by the Department of State Police the applicant has
4not been convicted of any of the enumerated criminal or drug
5offenses in subsection (c) of this Section or has not been
6convicted, within 7 years of the application for employment
7with the school district, of any other felony under the laws of
8this State or of any offense committed or attempted in any
9other state or against the laws of the United States that, if
10committed or attempted in this State, would have been
11punishable as a felony under the laws of this State and
12evidencing that as of the date that the regional superintendent
13conducted a check of the Statewide Sex Offender Database, the
14applicant has not been identified in the Database as a sex
15offender. The school board of any school district may rely on
16the certificate issued by any regional superintendent to that
17substitute teacher, concurrent part-time teacher, or
18concurrent educational support personnel employee or may
19initiate its own criminal history records check of the
20applicant through the Department of State Police and its own
21check of the Statewide Sex Offender Database as provided in
22subsection (a). Any unauthorized release of confidential
23information may be a violation of Section 7 of the Criminal
24Identification Act.
25    (c) The board of education shall not knowingly employ a
26person who has been convicted of any offense that would subject

 

 

HB5556- 26 -LRB100 20799 NHT 36289 b

1him or her to license suspension or revocation pursuant to
2Section 21B-80 of this Code. Further, the board of education
3shall not knowingly employ a person who has been found to be
4the perpetrator of sexual or physical abuse of any minor under
518 years of age pursuant to proceedings under Article II of the
6Juvenile Court Act of 1987.
7    (d) The board of education shall not knowingly employ a
8person for whom a criminal history records check and a
9Statewide Sex Offender Database check has not been initiated.
10    (e) Upon receipt of the record of a conviction of or a
11finding of child abuse by a holder of any certificate issued
12pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
13Code, the State Superintendent of Education may initiate
14certificate suspension and revocation proceedings as
15authorized by law.
16    (e-5) The general superintendent of schools shall, in
17writing, notify the State Superintendent of Education of any
18certificate holder whom he or she has reasonable cause to
19believe has committed an intentional act of abuse or neglect
20with the result of making a child an abused child or a
21neglected child, as defined in Section 3 of the Abused and
22Neglected Child Reporting Act, and that act resulted in the
23certificate holder's dismissal or resignation from the school
24district. This notification must be submitted within 30 days
25after the dismissal or resignation. The certificate holder must
26also be contemporaneously sent a copy of the notice by the

 

 

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1superintendent. All correspondence, documentation, and other
2information so received by the State Superintendent of
3Education, the State Board of Education, or the State Teacher
4Certification Board under this subsection (e-5) is
5confidential and must not be disclosed to third parties, except
6(i) as necessary for the State Superintendent of Education or
7his or her designee to investigate and prosecute pursuant to
8Article 21 of this Code, (ii) pursuant to a court order, (iii)
9for disclosure to the certificate holder or his or her
10representative, or (iv) as otherwise provided in this Article
11and provided that any such information admitted into evidence
12in a hearing is exempt from this confidentiality and
13non-disclosure requirement. Except for an act of willful or
14wanton misconduct, any superintendent who provides
15notification as required in this subsection (e-5) shall have
16immunity from any liability, whether civil or criminal or that
17otherwise might result by reason of such action.
18    (f) After March 19, 1990, the provisions of this Section
19shall apply to all employees of persons or firms holding
20contracts with any school district including, but not limited
21to, food service workers, school bus drivers and other
22transportation employees, who have direct, daily contact with
23the pupils of any school in such district. For purposes of
24criminal history records checks and checks of the Statewide Sex
25Offender Database on employees of persons or firms holding
26contracts with more than one school district and assigned to

 

 

HB5556- 28 -LRB100 20799 NHT 36289 b

1more than one school district, the regional superintendent of
2the educational service region in which the contracting school
3districts are located may, at the request of any such school
4district, be responsible for receiving the authorization for a
5criminal history records check prepared by each such employee
6and submitting the same to the Department of State Police and
7for conducting a check of the Statewide Sex Offender Database
8for each employee. Any information concerning the record of
9conviction and identification as a sex offender of any such
10employee obtained by the regional superintendent shall be
11promptly reported to the president of the appropriate school
12board or school boards.
13    (f-5) Upon request of a school or school district, any
14information obtained by the school district pursuant to
15subsection (f) of this Section within the last year must be
16made available to the requesting school or school district.
17    (g) Prior to the commencement of any student teaching
18experience or required internship (which is referred to as
19student teaching in this Section) in the public schools, a
20student teacher is required to authorize a fingerprint-based
21criminal history records check. Authorization for and payment
22of the costs of the check must be furnished by the student
23teacher to the school district. Upon receipt of this
24authorization and payment, the school district shall submit the
25student teacher's name, sex, race, date of birth, social
26security number, fingerprint images, and other identifiers, as

 

 

HB5556- 29 -LRB100 20799 NHT 36289 b

1prescribed by the Department of State Police, to the Department
2of State Police. The Department of State Police and the Federal
3Bureau of Investigation shall furnish, pursuant to a
4fingerprint-based criminal history records check, records of
5convictions, forever and hereinafter, until expunged, to the
6president of the board. The Department shall charge the school
7district a fee for conducting the check, which fee must not
8exceed the cost of the inquiry and must be deposited into the
9State Police Services Fund. The school district shall further
10perform a check of the Statewide Sex Offender Database, as
11authorized by the Sex Offender Community Notification Law, and
12of the Statewide Murderer and Violent Offender Against Youth
13Database, as authorized by the Murderer and Violent Offender
14Against Youth Registration Act, for each student teacher. The
15board may not knowingly allow a person to student teach for
16whom a criminal history records check, a Statewide Sex Offender
17Database check, and a Statewide Murderer and Violent Offender
18Against Youth Database check have not been completed under
19Section 21B-110 of this Code and reviewed by the district.
20    A copy of the record of convictions obtained from the
21Department of State Police must be provided to the student
22teacher. Any information concerning the record of convictions
23obtained by the president of the board is confidential and may
24only be transmitted to the general superintendent of schools or
25his or her designee, the State Superintendent of Education, the
26State Educator Preparation and Licensure Board, or, for

 

 

HB5556- 30 -LRB100 20799 NHT 36289 b

1clarification purposes, the Department of State Police or the
2Statewide Sex Offender Database or Statewide Murderer and
3Violent Offender Against Youth Database. Any unauthorized
4release of confidential information may be a violation of
5Section 7 of the Criminal Identification Act.
6    The board may not knowingly allow a person to student teach
7who has been convicted of any offense that would subject him or
8her to license suspension or revocation pursuant to Section
921B-80 of this Code or who has been found to be the perpetrator
10of sexual or physical abuse of a minor under 18 years of age
11pursuant to proceedings under Article II of the Juvenile Court
12Act of 1987.
13    (h) (Blank).
14(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)