101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3601

 

Introduced 2/14/2020, by Sen. Iris Y. Martinez

 

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

    Amends the School Code. Within 10 days after a superintendent, regional office of education, or entity that provides background checks of license holders to public schools receives information of a pending criminal charge against a license holder for certain offenses, requires the superintendent, regional office of education, or entity to notify the State Superintendent of Education of the pending criminal charge. Effective July 1, 2020.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB3601LRB101 17719 NHT 67146 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
510-21.9 and 34-18.5 as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks of
8the Statewide Sex Offender Database and Statewide Murderer and
9Violent Offender Against Youth Database.
10    (a) Licensed and nonlicensed applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any disqualifying,
15enumerated criminal or drug offenses in subsection (c) of this
16Section or have been convicted, within 7 years of the
17application for employment with the school district, of any
18other felony under the laws of this State or of any offense
19committed or attempted in any other state or against the laws
20of the United States that, if committed or attempted in this
21State, would have been punishable as a felony under the laws of
22this State. Authorization for the check shall be furnished by
23the applicant to the school district, except that if the

 

 

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

 

 

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1forever and hereinafter, until expunged, to the president of
2the school board for the school district that requested the
3check, or to the regional superintendent who requested the
4check. The Department shall charge the school district or the
5appropriate regional superintendent a fee for conducting such
6check, which fee shall be deposited in the State Police
7Services Fund and shall not exceed the cost of the inquiry; and
8the applicant shall not be charged a fee for such check by the
9school district or by the regional superintendent, except that
10those applicants seeking employment as a substitute teacher
11with a school district may be charged a fee not to exceed the
12cost of the inquiry. Subject to appropriations for these
13purposes, the State Superintendent of Education shall
14reimburse school districts and regional superintendents for
15fees paid to obtain criminal history records checks under this
16Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender Database,
19as authorized by the Sex Offender Community Notification Law,
20for each applicant. The check of the Statewide Sex Offender
21Database must be conducted by the school district or regional
22superintendent once for every 5 years that an applicant remains
23employed by the school district.
24    (a-6) The school district or regional superintendent shall
25further perform a check of the Statewide Murderer and Violent
26Offender Against Youth Database, as authorized by the Murderer

 

 

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1and Violent Offender Against Youth Community Notification Law,
2for each applicant. The check of the Murderer and Violent
3Offender Against Youth Database must be conducted by the school
4district or regional superintendent once for every 5 years that
5an applicant remains employed by the school district.
6    (b) Any information concerning the record of convictions
7obtained by the president of the school board or the regional
8superintendent shall be confidential and may only be
9transmitted to the superintendent of the school district or his
10designee, the appropriate regional superintendent if the check
11was requested by the school district, the presidents of the
12appropriate school boards if the check was requested from the
13Department of State Police by the regional superintendent, the
14State Board of Education and a school district as authorized
15under subsection (b-5), the State Superintendent of Education,
16the State Educator Preparation and Licensure Board, any other
17person necessary to the decision of hiring the applicant for
18employment, or for clarification purposes the Department of
19State Police or Statewide Sex Offender Database, or both. A
20copy of the record of convictions obtained from the Department
21of State Police shall be provided to the applicant for
22employment. Upon the check of the Statewide Sex Offender
23Database or Statewide Murderer and Violent Offender Against
24Youth Database, the school district or regional superintendent
25shall notify an applicant as to whether or not the applicant
26has been identified in the Database. If a check of an applicant

 

 

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1for employment as a substitute or concurrent part-time teacher
2or concurrent educational support personnel employee in more
3than one school district was requested by the regional
4superintendent, and the Department of State Police upon a check
5ascertains that the applicant has not been convicted of any of
6the enumerated criminal or drug offenses in subsection (c) of
7this Section or has not been convicted, within 7 years of the
8application for employment with the school district, of any
9other felony under the laws of this State or of any offense
10committed or attempted in any other state or against the laws
11of the United States that, if committed or attempted in this
12State, would have been punishable as a felony under the laws of
13this State and so notifies the regional superintendent and if
14the regional superintendent upon a check ascertains that the
15applicant has not been identified in the Sex Offender Database
16or Statewide Murderer and Violent Offender Against Youth
17Database, then the regional superintendent shall issue to the
18applicant a certificate evidencing that as of the date
19specified by the Department of State Police the applicant has
20not been convicted of any of the enumerated criminal or drug
21offenses in subsection (c) of this Section or has not been
22convicted, within 7 years of the application for employment
23with the school district, of any other felony under the laws of
24this State or of any offense committed or attempted in any
25other state or against the laws of the United States that, if
26committed or attempted in this State, would have been

 

 

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1punishable as a felony under the laws of this State and
2evidencing that as of the date that the regional superintendent
3conducted a check of the Statewide Sex Offender Database or
4Statewide Murderer and Violent Offender Against Youth
5Database, the applicant has not been identified in the
6Database. The school board of any school district may rely on
7the certificate issued by any regional superintendent to that
8substitute teacher, concurrent part-time teacher, or
9concurrent educational support personnel employee or may
10initiate its own criminal history records check of the
11applicant through the Department of State Police and its own
12check of the Statewide Sex Offender Database or Statewide
13Murderer and Violent Offender Against Youth Database as
14provided in this Section. Any unauthorized release of
15confidential information may be a violation of Section 7 of the
16Criminal Identification Act.
17    (b-5) If a criminal history records check or check of the
18Statewide Sex Offender Database or Statewide Murderer and
19Violent Offender Against Youth Database is performed by a
20regional superintendent for an applicant seeking employment as
21a substitute teacher with a school district, the regional
22superintendent may disclose to the State Board of Education
23whether the applicant has been issued a certificate under
24subsection (b) based on those checks. If the State Board
25receives information on an applicant under this subsection,
26then it must indicate in the Educator Licensure Information

 

 

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1System for a 90-day period that the applicant has been issued
2or has not been issued a certificate.
3    (c) No school board shall knowingly employ a person who has
4been convicted of any offense that would subject him or her to
5license suspension or revocation pursuant to Section 21B-80 of
6this Code, except as provided under subsection (b) of Section
721B-80. Further, no school board shall knowingly employ a
8person who has been found to be the perpetrator of sexual or
9physical abuse of any minor under 18 years of age pursuant to
10proceedings under Article II of the Juvenile Court Act of 1987.
11As a condition of employment, each school board must consider
12the status of a person who has been issued an indicated finding
13of abuse or neglect of a child by the Department of Children
14and Family Services under the Abused and Neglected Child
15Reporting Act or by a child welfare agency of another
16jurisdiction.
17    (d) No school board shall knowingly employ a person for
18whom a criminal history records check and a Statewide Sex
19Offender Database check have has not been initiated.
20    (e) Within 10 days after a superintendent, regional office
21of education, or entity that provides background checks of
22license holders to public schools receives information of a
23pending criminal charge against a license holder for an offense
24set forth in Section 21B-80 of this Code, the superintendent,
25regional office of education, or entity must notify the State
26Superintendent of Education of the pending criminal charge.

 

 

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1    If permissible by federal or State law, no later than 15
2business days after receipt of a record of conviction or of
3checking the Statewide Murderer and Violent Offender Against
4Youth Database or the Statewide Sex Offender Database and
5finding a registration, the superintendent of the employing
6school board or the applicable regional superintendent shall,
7in writing, notify the State Superintendent of Education of any
8license holder who has been convicted of a crime set forth in
9Section 21B-80 of this Code. Upon receipt of the record of a
10conviction of or a finding of child abuse by a holder of any
11license issued pursuant to Article 21B or Section 34-8.1 or
1234-83 of the School Code, the State Superintendent of Education
13may initiate licensure suspension and revocation proceedings
14as authorized by law. If the receipt of the record of
15conviction or finding of child abuse is received within 6
16months after the initial grant of or renewal of a license, the
17State Superintendent of Education may rescind the license
18holder's license.
19    (e-5) The superintendent of the employing school board
20shall, in writing, notify the State Superintendent of Education
21and the applicable regional superintendent of schools of any
22license holder whom he or she has reasonable cause to believe
23has committed an intentional act of abuse or neglect with the
24result of making a child an abused child or a neglected child,
25as defined in Section 3 of the Abused and Neglected Child
26Reporting Act, and that act resulted in the license holder's

 

 

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1dismissal or resignation from the school district. This
2notification must be submitted within 30 days after the
3dismissal or resignation. The license holder must also be
4contemporaneously sent a copy of the notice by the
5superintendent. All correspondence, documentation, and other
6information so received by the regional superintendent of
7schools, the State Superintendent of Education, the State Board
8of Education, or the State Educator Preparation and Licensure
9Board under this subsection (e-5) is confidential and must not
10be disclosed to third parties, except (i) as necessary for the
11State Superintendent of Education or his or her designee to
12investigate and prosecute pursuant to Article 21B of this Code,
13(ii) pursuant to a court order, (iii) for disclosure to the
14license holder or his or her representative, or (iv) as
15otherwise provided in this Article and provided that any such
16information admitted into evidence in a hearing is exempt from
17this confidentiality and non-disclosure requirement. Except
18for an act of willful or wanton misconduct, any superintendent
19who provides notification as required in this subsection (e-5)
20shall have immunity from any liability, whether civil or
21criminal or that otherwise might result by reason of such
22action.
23    (f) After January 1, 1990 the provisions of this Section
24shall apply to all employees of persons or firms holding
25contracts with any school district including, but not limited
26to, food service workers, school bus drivers and other

 

 

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1transportation employees, who have direct, daily contact with
2the pupils of any school in such district. For purposes of
3criminal history records checks and checks of the Statewide Sex
4Offender Database on employees of persons or firms holding
5contracts with more than one school district and assigned to
6more than one school district, the regional superintendent of
7the educational service region in which the contracting school
8districts are located may, at the request of any such school
9district, be responsible for receiving the authorization for a
10criminal history records check prepared by each such employee
11and submitting the same to the Department of State Police and
12for conducting a check of the Statewide Sex Offender Database
13for each employee. Any information concerning the record of
14conviction and identification as a sex offender of any such
15employee obtained by the regional superintendent shall be
16promptly reported to the president of the appropriate school
17board or school boards.
18    (f-5) Upon request of a school or school district, any
19information obtained by a school district pursuant to
20subsection (f) of this Section within the last year must be
21made available to the requesting school or school district.
22    (g) Prior to the commencement of any student teaching
23experience or required internship (which is referred to as
24student teaching in this Section) in the public schools, a
25student teacher is required to authorize a fingerprint-based
26criminal history records check. Authorization for and payment

 

 

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1of the costs of the check must be furnished by the student
2teacher to the school district where the student teaching is to
3be completed. Upon receipt of this authorization and payment,
4the school district shall submit the student teacher's name,
5sex, race, date of birth, social security number, fingerprint
6images, and other identifiers, as prescribed by the Department
7of State Police, to the Department of State Police. The
8Department of State Police and the Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions,
11forever and hereinafter, until expunged, to the president of
12the school board for the school district that requested the
13check. The Department shall charge the school district a fee
14for conducting the check, which fee must not exceed the cost of
15the inquiry and must be deposited into the State Police
16Services Fund. The school district shall further perform a
17check of the Statewide Sex Offender Database, as authorized by
18the Sex Offender Community Notification Law, and of the
19Statewide Murderer and Violent Offender Against Youth
20Database, as authorized by the Murderer and Violent Offender
21Against Youth Registration Act, for each student teacher. No
22school board may knowingly allow a person to student teach for
23whom a criminal history records check, a Statewide Sex Offender
24Database check, and a Statewide Murderer and Violent Offender
25Against Youth Database check have not been completed and
26reviewed by the district.

 

 

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1    A copy of the record of convictions obtained from the
2Department of State Police must be provided to the student
3teacher. Any information concerning the record of convictions
4obtained by the president of the school board is confidential
5and may only be transmitted to the superintendent of the school
6district or his or her designee, the State Superintendent of
7Education, the State Educator Preparation and Licensure Board,
8or, for clarification purposes, the Department of State Police
9or the Statewide Sex Offender Database or Statewide Murderer
10and Violent Offender Against Youth Database. Any unauthorized
11release of confidential information may be a violation of
12Section 7 of the Criminal Identification Act.
13    No school board shall knowingly allow a person to student
14teach who has been convicted of any offense that would subject
15him or her to license suspension or revocation pursuant to
16subsection (c) of Section 21B-80 of this Code, except as
17provided under subsection (b) of Section 21B-80. Further, no
18school board shall allow a person to student teach if he or she
19has been found to be the perpetrator of sexual or physical
20abuse of a minor under 18 years of age pursuant to proceedings
21under Article II of the Juvenile Court Act of 1987. Each school
22board must consider the status of a person to student teach who
23has been issued an indicated finding of abuse or neglect of a
24child by the Department of Children and Family Services under
25the Abused and Neglected Child Reporting Act or by a child
26welfare agency of another jurisdiction.

 

 

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1    (h) (Blank).
2(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
3revised 12-3-19.)
 
4    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
5    Sec. 34-18.5. Criminal history records checks and checks of
6the Statewide Sex Offender Database and Statewide Murderer and
7Violent Offender Against Youth Database.
8    (a) Licensed and nonlicensed applicants for employment
9with the school district are required as a condition of
10employment to authorize a fingerprint-based criminal history
11records check to determine if such applicants have been
12convicted of any disqualifying, enumerated criminal or drug
13offense offenses in subsection (c) of this Section or have been
14convicted, within 7 years of the application for employment
15with the school district, of any other felony under the laws of
16this State or of any offense committed or attempted in any
17other state or against the laws of the United States that, if
18committed or attempted in this State, would have been
19punishable as a felony under the laws of this State.
20Authorization for the check shall be furnished by the applicant
21to the school district, except that if the applicant is a
22substitute teacher seeking employment in more than one school
23district, or a teacher seeking concurrent part-time employment
24positions with more than one school district (as a reading
25specialist, special education teacher or otherwise), or an

 

 

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

 

 

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

 

 

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1transmitted to the general superintendent of the school
2district or his designee, the appropriate regional
3superintendent if the check was requested by the board of
4education for the school district, the presidents of the
5appropriate board of education or school boards if the check
6was requested from the Department of State Police by the
7regional superintendent, the State Board of Education and the
8school district as authorized under subsection (b-5), the State
9Superintendent of Education, the State Educator Preparation
10and Licensure Board or any other person necessary to the
11decision of hiring the applicant for employment. A copy of the
12record of convictions obtained from the Department of State
13Police shall be provided to the applicant for employment. Upon
14the check of the Statewide Sex Offender Database or Statewide
15Murderer and Violent Offender Against Youth Database, the
16school district or regional superintendent shall notify an
17applicant as to whether or not the applicant has been
18identified in the Database. If a check of an applicant for
19employment as a substitute or concurrent part-time teacher or
20concurrent educational support personnel employee in more than
21one school district was requested by the regional
22superintendent, and the Department of State Police upon a check
23ascertains that the applicant has not been convicted of any of
24the enumerated criminal or drug offenses in subsection (c) of
25this Section or has not been convicted, within 7 years of the
26application for employment with the school district, of any

 

 

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1other felony under the laws of this State or of any offense
2committed or attempted in any other state or against the laws
3of the United States that, if committed or attempted in this
4State, would have been punishable as a felony under the laws of
5this State and so notifies the regional superintendent and if
6the regional superintendent upon a check ascertains that the
7applicant has not been identified in the Sex Offender Database
8or Statewide Murderer and Violent Offender Against Youth
9Database, then the regional superintendent shall issue to the
10applicant a certificate evidencing that as of the date
11specified by the Department of State Police the applicant has
12not been convicted of any of the enumerated criminal or drug
13offenses in subsection (c) of this Section or has not been
14convicted, within 7 years of the application for employment
15with the school district, of any other felony under the laws of
16this State or of any offense committed or attempted in any
17other state or against the laws of the United States that, if
18committed or attempted in this State, would have been
19punishable as a felony under the laws of this State and
20evidencing that as of the date that the regional superintendent
21conducted a check of the Statewide Sex Offender Database or
22Statewide Murderer and Violent Offender Against Youth
23Database, the applicant has not been identified in the
24Database. The school board of any school district may rely on
25the certificate issued by any regional superintendent to that
26substitute teacher, concurrent part-time teacher, or

 

 

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1concurrent educational support personnel employee or may
2initiate its own criminal history records check of the
3applicant through the Department of State Police and its own
4check of the Statewide Sex Offender Database or Statewide
5Murderer and Violent Offender Against Youth Database as
6provided in this Section. Any unauthorized release of
7confidential information may be a violation of Section 7 of the
8Criminal Identification Act.
9    (b-5) If a criminal history records check or check of the
10Statewide Sex Offender Database or Statewide Murderer and
11Violent Offender Against Youth Database is performed by a
12regional superintendent for an applicant seeking employment as
13a substitute teacher with the school district, the regional
14superintendent may disclose to the State Board of Education
15whether the applicant has been issued a certificate under
16subsection (b) based on those checks. If the State Board
17receives information on an applicant under this subsection,
18then it must indicate in the Educator Licensure Information
19System for a 90-day period that the applicant has been issued
20or has not been issued a certificate.
21    (c) The board of education shall not knowingly employ a
22person who has been convicted of any offense that would subject
23him or her to license suspension or revocation pursuant to
24Section 21B-80 of this Code, except as provided under
25subsection (b) of 21B-80. Further, the board of education shall
26not knowingly employ a person who has been found to be the

 

 

SB3601- 19 -LRB101 17719 NHT 67146 b

1perpetrator of sexual or physical abuse of any minor under 18
2years of age pursuant to proceedings under Article II of the
3Juvenile Court Act of 1987. As a condition of employment, the
4board of education must consider the status of a person who has
5been issued an indicated finding of abuse or neglect of a child
6by the Department of Children and Family Services under the
7Abused and Neglected Child Reporting Act or by a child welfare
8agency of another jurisdiction.
9    (d) The board of education shall not knowingly employ a
10person for whom a criminal history records check and a
11Statewide Sex Offender Database check have has not been
12initiated.
13    (e) Within 10 days after the general superintendent of
14schools, a regional office of education, or an entity that
15provides background checks of license holders to public schools
16receives information of a pending criminal charge against a
17license holder for an offense set forth in Section 21B-80 of
18this Code, the superintendent, regional office of education, or
19entity must notify the State Superintendent of Education of the
20pending criminal charge.
21    No later than 15 business days after receipt of a record of
22conviction or of checking the Statewide Murderer and Violent
23Offender Against Youth Database or the Statewide Sex Offender
24Database and finding a registration, the general
25superintendent of schools or the applicable regional
26superintendent shall, in writing, notify the State

 

 

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1Superintendent of Education of any license holder who has been
2convicted of a crime set forth in Section 21B-80 of this Code.
3Upon receipt of the record of a conviction of or a finding of
4child abuse by a holder of any license issued pursuant to
5Article 21B or Section 34-8.1 or 34-83 of this the School Code,
6the State Superintendent of Education may initiate licensure
7suspension and revocation proceedings as authorized by law. If
8the receipt of the record of conviction or finding of child
9abuse is received within 6 months after the initial grant of or
10renewal of a license, the State Superintendent of Education may
11rescind the license holder's license.
12    (e-5) The general superintendent of schools shall, in
13writing, notify the State Superintendent of Education of any
14license holder whom he or she has reasonable cause to believe
15has committed an intentional act of abuse or neglect with the
16result of making a child an abused child or a neglected child,
17as defined in Section 3 of the Abused and Neglected Child
18Reporting Act, and that act resulted in the license holder's
19dismissal or resignation from the school district. This
20notification must be submitted within 30 days after the
21dismissal or resignation. The license holder must also be
22contemporaneously sent a copy of the notice by the
23superintendent. All correspondence, documentation, and other
24information so received by the State Superintendent of
25Education, the State Board of Education, or the State Educator
26Preparation and Licensure Board under this subsection (e-5) is

 

 

SB3601- 21 -LRB101 17719 NHT 67146 b

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

 

 

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

 

 

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

 

 

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1Section 7 of the Criminal Identification Act.
2    The board may not knowingly allow a person to student teach
3who has been convicted of any offense that would subject him or
4her to license suspension or revocation pursuant to subsection
5(c) of Section 21B-80 of this Code, except as provided under
6subsection (b) of Section 21B-80. Further, the board may not
7allow a person to student teach if he or she has been found to
8be the perpetrator of sexual or physical abuse of a minor under
918 years of age pursuant to proceedings under Article II of the
10Juvenile Court Act of 1987. The board must consider the status
11of a person to student teach who has been issued an indicated
12finding of abuse or neglect of a child by the Department of
13Children and Family Services under the Abused and Neglected
14Child Reporting Act or by a child welfare agency of another
15jurisdiction.
16    (h) (Blank).
17(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
18revised 9-19-19.)
 
19    Section 99. Effective date. This Act takes effect July 1,
202020.