|
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5286 Introduced , by Rep. Daniel Swanson SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-21.9 | from Ch. 122, par. 10-21.9 | 105 ILCS 5/34-18.5 | from Ch. 122, par. 34-18.5 |
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Amends the School Code. Provides that a school district seeking to employ a
substitute teacher may use information in the Educator
Licensure Information System rather than initiating its own
criminal history records check or check of the Statewide Sex
Offender Database or Statewide Murderer and Violent Offender
Against Youth Database. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Sections |
5 | | 10-21.9 and 34-18.5 as follows:
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6 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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7 | | Sec. 10-21.9. Criminal history records checks and checks of |
8 | | the Statewide Sex Offender Database and Statewide Murderer and |
9 | | Violent Offender Against Youth Database.
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10 | | (a) Licensed and nonlicensed applicants for employment |
11 | | with a school
district, except school bus driver applicants, |
12 | | are required as a condition
of employment to authorize a |
13 | | fingerprint-based criminal history records check to determine |
14 | | if such applicants have been convicted of any disqualifying, |
15 | | enumerated criminal or drug offenses in subsection (c) of this |
16 | | Section or
have been convicted, within 7 years of the |
17 | | application for employment with
the
school district, of any |
18 | | other felony under the laws of this State or of any
offense |
19 | | committed or attempted in any other state or against the laws |
20 | | of
the United States that, if committed or attempted in this |
21 | | State, would
have been punishable as a felony under the laws of |
22 | | this State.
Authorization for
the check shall be furnished by |
23 | | the applicant to
the school district, except that if the |
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1 | | applicant is a substitute teacher
seeking employment in more |
2 | | than one school district, a teacher seeking
concurrent |
3 | | part-time employment positions with more than one school
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4 | | district (as a reading specialist, special education teacher or |
5 | | otherwise),
or an educational support personnel employee |
6 | | seeking employment positions
with more than one district, any |
7 | | such district may require the applicant to
furnish |
8 | | authorization for
the check to the regional superintendent
of |
9 | | the educational service region in which are located the school |
10 | | districts
in which the applicant is seeking employment as a |
11 | | substitute or concurrent
part-time teacher or concurrent |
12 | | educational support personnel employee.
Upon receipt of this |
13 | | authorization, the school district or the appropriate
regional |
14 | | superintendent, as the case may be, shall submit the |
15 | | applicant's
name, sex, race, date of birth, social security |
16 | | number, fingerprint images, and other identifiers, as |
17 | | prescribed by the Department
of State Police, to the |
18 | | Department. The regional
superintendent submitting the |
19 | | requisite information to the Department of
State Police shall |
20 | | promptly notify the school districts in which the
applicant is |
21 | | seeking employment as a substitute or concurrent part-time
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22 | | teacher or concurrent educational support personnel employee |
23 | | that
the
check of the applicant has been requested. The |
24 | | Department of State Police and the Federal Bureau of |
25 | | Investigation shall furnish, pursuant to a fingerprint-based |
26 | | criminal history records check, records of convictions, |
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1 | | forever and hereinafter, until expunged, to the president of |
2 | | the school board for the school district that requested the |
3 | | check, or to the regional superintendent who requested the |
4 | | check.
The
Department shall charge
the school district
or the |
5 | | appropriate regional superintendent a fee for
conducting
such |
6 | | check, which fee shall be deposited in the State
Police |
7 | | Services Fund and shall not exceed the cost of
the inquiry; and |
8 | | the
applicant shall not be charged a fee for
such check by the |
9 | | school
district or by the regional superintendent, except that |
10 | | those applicants seeking employment as a substitute teacher |
11 | | with a school district may be charged a fee not to exceed the |
12 | | cost of the inquiry. Subject to appropriations for these |
13 | | purposes, the State Superintendent of Education shall |
14 | | reimburse school districts and regional superintendents for |
15 | | fees paid to obtain criminal history records checks under this |
16 | | Section.
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17 | | (a-5) The school district or regional superintendent shall |
18 | | further perform a check of the Statewide Sex Offender Database, |
19 | | as authorized by the Sex Offender Community Notification Law, |
20 | | for each applicant. The check of the Statewide Sex Offender |
21 | | Database must be conducted by the school district or regional |
22 | | superintendent once for every 5 years that an applicant remains |
23 | | employed by the school district. |
24 | | (a-6) The school district or regional superintendent shall |
25 | | further perform a check of the Statewide Murderer and Violent |
26 | | Offender Against Youth Database, as authorized by the Murderer |
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1 | | and Violent Offender Against Youth Community Notification Law, |
2 | | for each applicant. The check of the Murderer and Violent |
3 | | Offender Against Youth Database must be conducted by the school |
4 | | district or regional superintendent once for every 5 years that |
5 | | an applicant remains employed by the school district. |
6 | | (b)
Any information
concerning the record of convictions |
7 | | obtained by the president of the
school board or the regional |
8 | | superintendent shall be confidential and may
only be |
9 | | transmitted to the superintendent of the school district or his
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10 | | designee, the appropriate regional superintendent if
the check |
11 | | was
requested by the school district, the presidents of the |
12 | | appropriate school
boards if
the check was requested from the |
13 | | Department of State
Police by the regional superintendent, the |
14 | | State Board of Education and a school district as authorized |
15 | | under subsection (b-5), the State Superintendent of
Education, |
16 | | the State Educator Preparation and Licensure Board, any other |
17 | | person
necessary to the decision of hiring the applicant for |
18 | | employment, or for clarification purposes the Department of |
19 | | State Police or Statewide Sex Offender Database, or both. A |
20 | | copy
of the record of convictions obtained from the Department |
21 | | of State Police
shall be provided to the applicant for |
22 | | employment. Upon the check of the Statewide Sex Offender |
23 | | Database or Statewide Murderer and Violent Offender Against |
24 | | Youth Database, the school district or regional superintendent |
25 | | shall notify an applicant as to whether or not the applicant |
26 | | has been identified in the Database. If a check of
an applicant |
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1 | | for employment as a substitute or concurrent part-time teacher
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2 | | or concurrent educational support personnel employee in more |
3 | | than one
school district was requested by the regional |
4 | | superintendent, and the
Department of State Police upon a check |
5 | | ascertains that the applicant
has not been convicted of any of |
6 | | the enumerated criminal or drug offenses
in subsection (c) of |
7 | | this Section
or has not been convicted, within 7 years of the
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8 | | application for
employment with the
school district, of any |
9 | | other felony under the laws of this State or of any
offense |
10 | | committed or attempted in any other state or against the laws |
11 | | of
the United States that, if committed or attempted in this |
12 | | State, would
have been punishable as a felony under the laws of |
13 | | this State
and so notifies the regional
superintendent and if |
14 | | the regional superintendent upon a check ascertains that the |
15 | | applicant has not been identified in the Sex Offender Database |
16 | | or Statewide Murderer and Violent Offender Against Youth |
17 | | Database, then the
regional superintendent shall issue to the |
18 | | applicant a certificate
evidencing that as of the date |
19 | | specified by the Department of State Police
the applicant has |
20 | | not been convicted of any of the enumerated criminal or
drug |
21 | | offenses in subsection (c) of this Section
or has not been
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22 | | convicted, within 7 years of the application for employment |
23 | | with the
school district, of any other felony under the laws of |
24 | | this State or of any
offense committed or attempted in any |
25 | | other state or against the laws of
the United States that, if |
26 | | committed or attempted in this State, would
have been |
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1 | | punishable as a felony under the laws of this State and |
2 | | evidencing that as of the date that the regional superintendent |
3 | | conducted a check of the Statewide Sex Offender Database or |
4 | | Statewide Murderer and Violent Offender Against Youth |
5 | | Database, the applicant has not been identified in the |
6 | | Database. The school
board of
any
school district
may rely on |
7 | | the
certificate issued by any regional superintendent to that |
8 | | substitute teacher, concurrent part-time teacher, or |
9 | | concurrent educational support personnel employee or may
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10 | | initiate its own criminal history records check of the |
11 | | applicant through the Department of
State Police and its own |
12 | | check of the Statewide Sex Offender Database or Statewide |
13 | | Murderer and Violent Offender Against Youth Database as |
14 | | provided in this Section. Any unauthorized release of |
15 | | confidential information may be a violation of Section 7 of the |
16 | | Criminal Identification Act.
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17 | | (b-5) If a criminal history records check or check of the |
18 | | Statewide Sex Offender Database or Statewide Murderer and |
19 | | Violent Offender Against Youth Database is performed by a |
20 | | regional superintendent for an applicant seeking employment as |
21 | | a substitute teacher with a school district, the regional |
22 | | superintendent may disclose to the State Board of Education |
23 | | whether the applicant has been issued a certificate under |
24 | | subsection (b) based on those checks. If the State Board |
25 | | receives information on an applicant under this subsection, |
26 | | then it must indicate in the Educator Licensure Information |
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1 | | System for a 90-day period that the applicant has been issued |
2 | | or has not been issued a certificate. Notwithstanding |
3 | | subsection (b), a school district seeking to employ the |
4 | | substitute teacher may use the information in the Educator |
5 | | Licensure Information System rather than initiating its own |
6 | | criminal history records check or check of the Statewide Sex |
7 | | Offender Database or Statewide Murderer and Violent Offender |
8 | | Against Youth Database under this Section. |
9 | | (c) No school board shall knowingly employ a person who has |
10 | | been
convicted of any offense that would subject him or her to |
11 | | license suspension or revocation pursuant to Section 21B-80 of |
12 | | this Code, except as provided under subsection (b) of Section |
13 | | 21B-80.
Further, no school board shall knowingly employ a |
14 | | person who has been found
to be the perpetrator of sexual or |
15 | | physical abuse of any minor under 18 years
of age pursuant to |
16 | | proceedings under Article II of the Juvenile Court Act of
1987. |
17 | | As a condition of employment, each school board must consider |
18 | | the status of a person who has been issued an indicated finding |
19 | | of abuse or neglect of a child by the Department of Children |
20 | | and Family Services under the Abused and Neglected Child |
21 | | Reporting Act or by a child welfare agency of another |
22 | | jurisdiction.
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23 | | (d) No school board shall knowingly employ a person for |
24 | | whom a criminal
history records check and a Statewide Sex |
25 | | Offender Database check have has not been initiated.
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26 | | (e) If permissible by federal or State law, no later than |
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1 | | 15 business days after receipt of a record of conviction or of |
2 | | checking the Statewide Murderer and Violent Offender Against |
3 | | Youth Database or the Statewide Sex Offender Database and |
4 | | finding a registration, the superintendent of the employing |
5 | | school board or the applicable regional superintendent shall, |
6 | | in writing, notify the State Superintendent of Education of any |
7 | | license holder who has been convicted of a crime set forth in |
8 | | Section 21B-80 of this Code. Upon receipt of the record of a |
9 | | conviction of or a finding of child
abuse by a holder of any |
10 | | license
issued pursuant to Article 21B or Section 34-8.1 or |
11 | | 34-83 of the
School Code, the
State Superintendent of Education |
12 | | may initiate licensure suspension
and revocation proceedings |
13 | | as authorized by law. If the receipt of the record of |
14 | | conviction or finding of child abuse is received within 6 |
15 | | months after the initial grant of or renewal of a license, the |
16 | | State Superintendent of Education may rescind the license |
17 | | holder's license.
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18 | | (e-5) The superintendent of the employing school board |
19 | | shall, in writing, notify the State Superintendent of Education |
20 | | and the applicable regional superintendent of schools of any |
21 | | license holder whom he or she has reasonable cause to believe |
22 | | has committed an intentional act of abuse or neglect with the |
23 | | result of making a child an abused child or a neglected child, |
24 | | as defined in Section 3 of the Abused and Neglected Child |
25 | | Reporting Act, and that act resulted in the license holder's |
26 | | dismissal or resignation from the school district. This |
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1 | | notification must be submitted within 30 days after the |
2 | | dismissal or resignation. The license holder must also be |
3 | | contemporaneously sent a copy of the notice by the |
4 | | superintendent. All correspondence, documentation, and other |
5 | | information so received by the regional superintendent of |
6 | | schools, the State Superintendent of Education, the State Board |
7 | | of Education, or the State Educator Preparation and Licensure |
8 | | Board under this subsection (e-5) is confidential and must not |
9 | | be disclosed to third parties, except (i) as necessary for the |
10 | | State Superintendent of Education or his or her designee to |
11 | | investigate and prosecute pursuant to Article 21B of this Code, |
12 | | (ii) pursuant to a court order, (iii) for disclosure to the |
13 | | license holder or his or her representative, or (iv) as |
14 | | otherwise provided in this Article and provided that any such |
15 | | information admitted into evidence in a hearing is exempt from |
16 | | this confidentiality and non-disclosure requirement. Except |
17 | | for an act of willful or wanton misconduct, any superintendent |
18 | | who provides notification as required in this subsection (e-5) |
19 | | shall have immunity from any liability, whether civil or |
20 | | criminal or that otherwise might result by reason of such |
21 | | action. |
22 | | (f) After January 1, 1990 the provisions of this Section |
23 | | shall apply
to all employees of persons or firms holding |
24 | | contracts with any school
district including, but not limited |
25 | | to, food service workers, school bus
drivers and other |
26 | | transportation employees, who have direct, daily contact
with |
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1 | | the pupils of any school in such district. For purposes of |
2 | | criminal
history records checks and checks of the Statewide Sex |
3 | | Offender Database on employees of persons or firms holding
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4 | | contracts with more than one school district and assigned to |
5 | | more than one
school district, the regional superintendent of |
6 | | the educational service
region in which the contracting school |
7 | | districts are located may, at the
request of any such school |
8 | | district, be responsible for receiving the
authorization for
a |
9 | | criminal history records check prepared by each such employee |
10 | | and
submitting the same to the Department of State Police and |
11 | | for conducting a check of the Statewide Sex Offender Database |
12 | | for each employee. Any information
concerning the record of |
13 | | conviction and identification as a sex offender of any such |
14 | | employee obtained by the
regional superintendent shall be |
15 | | promptly reported to the president of the
appropriate school |
16 | | board or school boards.
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17 | | (f-5) Upon request of a school or school district, any |
18 | | information obtained by a school district pursuant to |
19 | | subsection (f) of this Section within the last year must be |
20 | | made available to the requesting school or school district. |
21 | | (g) Prior to the commencement of any student teaching |
22 | | experience or required internship (which is referred to as |
23 | | student teaching in this Section) in the public schools, a |
24 | | student teacher is required to authorize a fingerprint-based |
25 | | criminal history records check. Authorization for and payment |
26 | | of the costs of the check must be furnished by the student |
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1 | | teacher to the school district where the student teaching is to |
2 | | be completed. Upon receipt of this authorization and payment, |
3 | | the school district shall submit the student teacher's name, |
4 | | sex, race, date of birth, social security number, fingerprint |
5 | | images, and other identifiers, as prescribed by the Department |
6 | | of State Police, to the Department of State Police. The |
7 | | Department of State Police and the Federal Bureau of |
8 | | Investigation shall furnish, pursuant to a fingerprint-based |
9 | | criminal history records check, records of convictions, |
10 | | forever and hereinafter, until expunged, to the president of |
11 | | the school board for the school district that requested the |
12 | | check. The Department shall charge the school district a fee |
13 | | for conducting the check, which fee must not exceed the cost of |
14 | | the inquiry and must be deposited into the State Police |
15 | | Services Fund. The school district shall further perform a |
16 | | check of the Statewide Sex Offender Database, as authorized by |
17 | | the Sex Offender Community Notification Law, and of the |
18 | | Statewide Murderer and Violent Offender Against Youth |
19 | | Database, as authorized by the Murderer and Violent Offender |
20 | | Against Youth Registration Act, for each student teacher. No |
21 | | school board may knowingly allow a person to student teach for |
22 | | whom a criminal history records check, a Statewide Sex Offender |
23 | | Database check, and a Statewide Murderer and Violent Offender |
24 | | Against Youth Database check have not been completed and |
25 | | reviewed by the district. |
26 | | A copy of the record of convictions obtained from the |
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1 | | Department of State Police must be provided to the student |
2 | | teacher. Any information concerning the record of convictions |
3 | | obtained by the president of the school board is confidential |
4 | | and may only be transmitted to the superintendent of the school |
5 | | district or his or her designee, the State Superintendent of |
6 | | Education, the State Educator Preparation and Licensure Board, |
7 | | or, for clarification purposes, the Department of State Police |
8 | | or the Statewide Sex Offender Database or Statewide Murderer |
9 | | and Violent Offender Against Youth Database. Any unauthorized |
10 | | release of confidential information may be a violation of |
11 | | Section 7 of the Criminal Identification Act. |
12 | | No school board shall knowingly allow a person to student |
13 | | teach who has been convicted of any offense that would subject |
14 | | him or her to license suspension or revocation pursuant to |
15 | | subsection (c) of Section 21B-80 of this Code, except as |
16 | | provided under subsection (b) of Section 21B-80. Further, no |
17 | | school board shall allow a person to student teach if he or she |
18 | | has been found to be the perpetrator of sexual or physical |
19 | | abuse of a minor under 18 years of age pursuant to proceedings |
20 | | under Article II of the Juvenile Court Act of 1987. Each school |
21 | | board must consider the status of a person to student teach who |
22 | | has been issued an indicated finding of abuse or neglect of a |
23 | | child by the Department of Children and Family Services under |
24 | | the Abused and Neglected Child Reporting Act or by a child |
25 | | welfare agency of another jurisdiction. |
26 | | (h) (Blank). |
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1 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; |
2 | | revised 12-3-19.)
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3 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) |
4 | | Sec. 34-18.5. Criminal history records checks and checks of |
5 | | the Statewide Sex Offender Database and Statewide Murderer and |
6 | | Violent Offender Against Youth Database. |
7 | | (a) Licensed and nonlicensed applicants for
employment |
8 | | with the school district are required as a condition of
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9 | | employment to authorize a fingerprint-based criminal history |
10 | | records check to determine if such applicants
have been |
11 | | convicted of any disqualifying, enumerated criminal or drug |
12 | | offense offenses in
subsection (c) of this Section or have been
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13 | | convicted, within 7 years of the application for employment |
14 | | with the
school district, of any other felony under the laws of |
15 | | this State or of any
offense committed or attempted in any |
16 | | other state or against the laws of
the United States that, if |
17 | | committed or attempted in this State, would
have been |
18 | | punishable as a felony under the laws of this State. |
19 | | Authorization
for
the
check shall
be furnished by the applicant |
20 | | to the school district, except that if the
applicant is a |
21 | | substitute teacher seeking employment in more than one
school |
22 | | district, or a teacher seeking concurrent part-time employment
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23 | | positions with more than one school district (as a reading |
24 | | specialist,
special education teacher or otherwise), or an |
25 | | educational support
personnel employee seeking employment |
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1 | | positions with more than one
district, any such district may |
2 | | require the applicant to furnish
authorization for
the check to |
3 | | the regional superintendent of the
educational service region |
4 | | in which are located the school districts in
which the |
5 | | applicant is seeking employment as a substitute or concurrent
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6 | | part-time teacher or concurrent educational support personnel |
7 | | employee.
Upon receipt of this authorization, the school |
8 | | district or the appropriate
regional superintendent, as the |
9 | | case may be, shall submit the applicant's
name, sex, race, date |
10 | | of birth, social security number, fingerprint images, and other |
11 | | identifiers, as prescribed by the Department
of State Police, |
12 | | to the Department. The regional
superintendent submitting the |
13 | | requisite information to the Department of
State Police shall |
14 | | promptly notify the school districts in which the
applicant is |
15 | | seeking employment as a substitute or concurrent part-time
|
16 | | teacher or concurrent educational support personnel employee |
17 | | that
the
check of the applicant has been requested. The |
18 | | Department of State
Police and the Federal Bureau of |
19 | | Investigation shall furnish, pursuant to a fingerprint-based |
20 | | criminal history records check, records of convictions, |
21 | | forever and hereinafter, until expunged, to the president of |
22 | | the school board for the school district that requested the |
23 | | check, or to the regional superintendent who requested the |
24 | | check. The
Department shall charge
the school district
or the |
25 | | appropriate regional superintendent a fee for
conducting
such |
26 | | check, which fee shall be deposited in the State
Police |
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1 | | Services Fund and shall not exceed the cost of the inquiry; and |
2 | | the
applicant shall not be charged a fee for
such check by the |
3 | | school
district or by the regional superintendent. Subject to |
4 | | appropriations for these purposes, the State Superintendent of |
5 | | Education shall reimburse the school district and regional |
6 | | superintendent for fees paid to obtain criminal history records |
7 | | checks under this Section. |
8 | | (a-5) The school district or regional superintendent shall |
9 | | further perform a check of the Statewide Sex Offender Database, |
10 | | as authorized by the Sex Offender Community Notification Law, |
11 | | for each applicant. The check of the Statewide Sex Offender |
12 | | Database must be conducted by the school district or regional |
13 | | superintendent once for every 5 years that an applicant remains |
14 | | employed by the school district. |
15 | | (a-6) The school district or regional superintendent shall |
16 | | further perform a check of the Statewide Murderer and Violent |
17 | | Offender Against Youth Database, as authorized by the Murderer |
18 | | and Violent Offender Against Youth Community Notification Law, |
19 | | for each applicant. The check of the Murderer and Violent |
20 | | Offender Against Youth Database must be conducted by the school |
21 | | district or regional superintendent once for every 5 years that |
22 | | an applicant remains employed by the school district. |
23 | | (b) Any
information concerning the record of convictions |
24 | | obtained by the president
of the board of education or the |
25 | | regional superintendent shall be
confidential and may only be |
26 | | transmitted to the general superintendent of
the school |
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1 | | district or his designee, the appropriate regional
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2 | | superintendent if
the check was requested by the board of |
3 | | education
for the school district, the presidents of the |
4 | | appropriate board of
education or school boards if
the check |
5 | | was requested from the
Department of State Police by the |
6 | | regional superintendent, the State Board of Education and the |
7 | | school district as authorized under subsection (b-5), the State
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8 | | Superintendent of Education, the State Educator Preparation |
9 | | and Licensure Board or any
other person necessary to the |
10 | | decision of hiring the applicant for
employment. A copy of the |
11 | | record of convictions obtained from the
Department of State |
12 | | Police shall be provided to the applicant for
employment. Upon |
13 | | the check of the Statewide Sex Offender Database or Statewide |
14 | | Murderer and Violent Offender Against Youth Database, the |
15 | | school district or regional superintendent shall notify an |
16 | | applicant as to whether or not the applicant has been |
17 | | identified in the Database. If a check of an applicant for |
18 | | employment as a
substitute or concurrent part-time teacher or |
19 | | concurrent educational
support personnel employee in more than |
20 | | one school district was requested
by the regional |
21 | | superintendent, and the Department of State Police upon
a check |
22 | | ascertains that the applicant has not been convicted of any
of |
23 | | the enumerated criminal or drug offenses in subsection (c) of |
24 | | this Section
or has not been
convicted,
within 7 years of the |
25 | | application for employment with the
school district, of any |
26 | | other felony under the laws of this State or of any
offense |
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1 | | committed or attempted in any other state or against the laws |
2 | | of
the United States that, if committed or attempted in this |
3 | | State, would
have been punishable as a felony under the laws of |
4 | | this State and so
notifies the regional superintendent and if |
5 | | the regional superintendent upon a check ascertains that the |
6 | | applicant has not been identified in the Sex Offender Database |
7 | | or Statewide Murderer and Violent Offender Against Youth |
8 | | Database, then the regional superintendent
shall issue to the |
9 | | applicant a certificate evidencing that as of the date
|
10 | | specified by the Department of State Police the applicant has |
11 | | not been
convicted of any of the enumerated criminal or drug |
12 | | offenses in subsection
(c) of this Section
or has not been
|
13 | | convicted, within 7 years of the application for employment |
14 | | with the
school district, of any other felony under the laws of |
15 | | this State or of any
offense committed or attempted in any |
16 | | other state or against the laws of
the United States that, if |
17 | | committed or attempted in this State, would
have been |
18 | | punishable as a felony under the laws of this State and |
19 | | evidencing that as of the date that the regional superintendent |
20 | | conducted a check of the Statewide Sex Offender Database or |
21 | | Statewide Murderer and Violent Offender Against Youth |
22 | | Database, the applicant has not been identified in the |
23 | | Database. The school
board of any school district may rely on |
24 | | the certificate issued by any regional
superintendent to that |
25 | | substitute teacher, concurrent part-time teacher, or |
26 | | concurrent educational support personnel employee
or may |
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1 | | initiate its own criminal history records check of
the |
2 | | applicant through the Department of State Police and its own |
3 | | check of the Statewide Sex Offender Database or Statewide |
4 | | Murderer and Violent Offender Against Youth Database as |
5 | | provided in
this Section. Any unauthorized release of |
6 | | confidential information may be a violation of Section 7 of the |
7 | | Criminal Identification Act. |
8 | | (b-5) If a criminal history records check or check of the |
9 | | Statewide Sex Offender Database or Statewide Murderer and |
10 | | Violent Offender Against Youth Database is performed by a |
11 | | regional superintendent for an applicant seeking employment as |
12 | | a substitute teacher with the school district, the regional |
13 | | superintendent may disclose to the State Board of Education |
14 | | whether the applicant has been issued a certificate under |
15 | | subsection (b) based on those checks. If the State Board |
16 | | receives information on an applicant under this subsection, |
17 | | then it must indicate in the Educator Licensure Information |
18 | | System for a 90-day period that the applicant has been issued |
19 | | or has not been issued a certificate. Notwithstanding |
20 | | subsection (b), the school district may use the information in |
21 | | the Educator Licensure Information System rather than |
22 | | initiating its own criminal history records check or check of |
23 | | the Statewide Sex Offender Database or Statewide Murderer and |
24 | | Violent Offender Against Youth Database under this Section. |
25 | | (c) The board of education shall not knowingly employ a |
26 | | person who has
been convicted of any offense that would subject |
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1 | | him or her to license suspension or revocation pursuant to |
2 | | Section 21B-80 of this Code, except as provided under |
3 | | subsection (b) of 21B-80.
Further, the board of education shall |
4 | | not knowingly employ a person who has
been found to be the |
5 | | perpetrator of sexual or physical abuse of any minor under
18 |
6 | | years of age pursuant to proceedings under Article II of the |
7 | | Juvenile Court
Act of 1987. As a condition of employment, the |
8 | | board of education must consider the status of a person who has |
9 | | been issued an indicated finding of abuse or neglect of a child |
10 | | by the Department of Children and Family Services under the |
11 | | Abused and Neglected Child Reporting Act or by a child welfare |
12 | | agency of another jurisdiction. |
13 | | (d) The board of education shall not knowingly employ a |
14 | | person for whom
a criminal history records check and a |
15 | | Statewide Sex Offender Database check have has not been |
16 | | initiated. |
17 | | (e) No later than 15 business days after receipt of a |
18 | | record of conviction or of checking the Statewide Murderer and |
19 | | Violent Offender Against Youth Database or the Statewide Sex |
20 | | Offender Database and finding a registration, the general |
21 | | superintendent of schools or the applicable regional |
22 | | superintendent shall, in writing, notify the State |
23 | | Superintendent of Education of any license holder who has been |
24 | | convicted of a crime set forth in Section 21B-80 of this Code. |
25 | | Upon receipt of the record of a conviction of or a finding of |
26 | | child
abuse by a holder of any license
issued pursuant to |
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1 | | Article 21B or Section 34-8.1 or 34-83 of this the
School Code, |
2 | | the State Superintendent of
Education may initiate licensure |
3 | | suspension and revocation
proceedings as authorized by law. If |
4 | | the receipt of the record of conviction or finding of child |
5 | | abuse is received within 6 months after the initial grant of or |
6 | | renewal of a license, the State Superintendent of Education may |
7 | | rescind the license holder's license. |
8 | | (e-5) The general superintendent of schools shall, in |
9 | | writing, notify the State Superintendent of Education of any |
10 | | license holder whom he or she has reasonable cause to believe |
11 | | has committed an intentional act of abuse or neglect with the |
12 | | result of making a child an abused child or a neglected child, |
13 | | as defined in Section 3 of the Abused and Neglected Child |
14 | | Reporting Act, and that act resulted in the license holder's |
15 | | dismissal or resignation from the school district. This |
16 | | notification must be submitted within 30 days after the |
17 | | dismissal or resignation. The license holder must also be |
18 | | contemporaneously sent a copy of the notice by the |
19 | | superintendent. All correspondence, documentation, and other |
20 | | information so received by the State Superintendent of |
21 | | Education, the State Board of Education, or the State Educator |
22 | | Preparation and Licensure Board under this subsection (e-5) is |
23 | | confidential and must not be disclosed to third parties, except |
24 | | (i) as necessary for the State Superintendent of Education or |
25 | | his or her designee to investigate and prosecute pursuant to |
26 | | Article 21B of this Code, (ii) pursuant to a court order, (iii) |
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1 | | for disclosure to the license holder or his or her |
2 | | representative, or (iv) as otherwise provided in this Article |
3 | | and provided that any such information admitted into evidence |
4 | | in a hearing is exempt from this confidentiality and |
5 | | non-disclosure requirement. Except for an act of willful or |
6 | | wanton misconduct, any superintendent who provides |
7 | | notification as required in this subsection (e-5) shall have |
8 | | immunity from any liability, whether civil or criminal or that |
9 | | otherwise might result by reason of such action. |
10 | | (f) After March 19, 1990, the provisions of this Section |
11 | | shall apply to
all employees of persons or firms holding |
12 | | contracts with any school district
including, but not limited |
13 | | to, food service workers, school bus drivers and
other |
14 | | transportation employees, who have direct, daily contact with |
15 | | the
pupils of any school in such district. For purposes of |
16 | | criminal history records checks and checks of the Statewide Sex |
17 | | Offender Database on employees of persons or firms holding |
18 | | contracts with more
than one school district and assigned to |
19 | | more than one school district, the
regional superintendent of |
20 | | the educational service region in which the
contracting school |
21 | | districts are located may, at the request of any such
school |
22 | | district, be responsible for receiving the authorization for
a |
23 | | criminal history records check prepared by each such employee |
24 | | and submitting the same to the
Department of State Police and |
25 | | for conducting a check of the Statewide Sex Offender Database |
26 | | for each employee. Any information concerning the record of
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1 | | conviction and identification as a sex offender of any such |
2 | | employee obtained by the regional superintendent
shall be |
3 | | promptly reported to the president of the appropriate school |
4 | | board
or school boards. |
5 | | (f-5) Upon request of a school or school district, any |
6 | | information obtained by the school district pursuant to |
7 | | subsection (f) of this Section within the last year must be |
8 | | made available to the requesting school or school district. |
9 | | (g) Prior to the commencement of any student teaching |
10 | | experience or required internship (which is referred to as |
11 | | student teaching in this Section) in the public schools, a |
12 | | student teacher is required to authorize a fingerprint-based |
13 | | criminal history records check. Authorization for and payment |
14 | | of the costs of the check must be furnished by the student |
15 | | teacher to the school district. Upon receipt of this |
16 | | authorization and payment, the school district shall submit the |
17 | | student teacher's name, sex, race, date of birth, social |
18 | | security number, fingerprint images, and other identifiers, as |
19 | | prescribed by the Department of State Police, to the Department |
20 | | of State Police. The Department of State Police and the Federal |
21 | | Bureau of Investigation shall furnish, pursuant to a |
22 | | fingerprint-based criminal history records check, records of |
23 | | convictions, forever and hereinafter, until expunged, to the |
24 | | president of the board. The Department shall charge the school |
25 | | district a fee for conducting the check, which fee must not |
26 | | exceed the cost of the inquiry and must be deposited into the |
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1 | | State Police Services Fund. The school district shall further |
2 | | perform a check of the Statewide Sex Offender Database, as |
3 | | authorized by the Sex Offender Community Notification Law, and |
4 | | of the Statewide Murderer and Violent Offender Against Youth |
5 | | Database, as authorized by the Murderer and Violent Offender |
6 | | Against Youth Registration Act, for each student teacher. The |
7 | | board may not knowingly allow a person to student teach for |
8 | | whom a criminal history records check, a Statewide Sex Offender |
9 | | Database check, and a Statewide Murderer and Violent Offender |
10 | | Against Youth Database check have not been completed and |
11 | | reviewed by the district. |
12 | | A copy of the record of convictions obtained from the |
13 | | Department of State Police must be provided to the student |
14 | | teacher. Any information concerning the record of convictions |
15 | | obtained by the president of the board is confidential and may |
16 | | only be transmitted to the general superintendent of schools or |
17 | | his or her designee, the State Superintendent of Education, the |
18 | | State Educator Preparation and Licensure Board, or, for |
19 | | clarification purposes, the Department of State Police or the |
20 | | Statewide Sex Offender Database or Statewide Murderer and |
21 | | Violent Offender Against Youth Database. Any unauthorized |
22 | | release of confidential information may be a violation of |
23 | | Section 7 of the Criminal Identification Act. |
24 | | The board may not knowingly allow a person to student teach |
25 | | who has been convicted of any offense that would subject him or |
26 | | her to license suspension or revocation pursuant to subsection |
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1 | | (c) of Section 21B-80 of this Code, except as provided under |
2 | | subsection (b) of Section 21B-80. Further, the board may not |
3 | | allow a person to student teach if he or she has been found to |
4 | | be the perpetrator of sexual or physical abuse of a minor under |
5 | | 18 years of age pursuant to proceedings under Article II of the |
6 | | Juvenile Court Act of 1987. The board must consider the status |
7 | | of a person to student teach who has been issued an indicated |
8 | | finding of abuse or neglect of a child by the Department of |
9 | | Children and Family Services under the Abused and Neglected |
10 | | Child Reporting Act or by a child welfare agency of another |
11 | | jurisdiction. |
12 | | (h) (Blank). |
13 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; |
14 | | revised 9-19-19.)
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.
|