093_HB1167
LRB093 04013 NHT 04052 b
1 AN ACT concerning schools.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by adding Section
5 7-31 and changing Sections 10-21.9 and 34-18.5 as follows:
6 (105 ILCS 5/7-31 new)
7 Sec. 7-31. Annexation of contiguous portion of
8 elementary or high school district.
9 (a) In this Section:
10 "Contiguous" means having a common border of not less
11 than 100 linear feet.
12 "Specially qualified professional land surveyor" means a
13 professional land surveyor whose credentials include serving
14 or having served as a paid advisor or consultant to at least
15 2 of the following: any department, board, commission,
16 authority, or other agency of the State of Illinois.
17 (b) Notwithstanding any other provision of this Code,
18 any contiguous portion of an elementary school district must
19 be detached from that district and annexed to an adjoining
20 elementary school district to which the portion is also
21 contiguous and any contiguous portion of a high school
22 district must be detached from that district and annexed to
23 an adjoining school district to which the portion is also
24 contiguous (herein referred to as "the Territory") upon a
25 petition or petitions filed under this Section if all of the
26 following conditions are met with respect to each petition:
27 (1) The Territory is to be detached from a school
28 district that is located predominantly (meaning more than
29 50% of the district's area) in a county of not less
30 than 2,000,000 and is to be annexed into a school
31 district located overwhelmingly (meaning more than 75% of
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1 its area) in a county of not less than 750,000 and not
2 more than 1,500,000, and, on the effective date of this
3 amendatory Act of the 93rd General Assembly, the
4 Territory consists of not more than 500 acres of which
5 not more than 300 acres is vacant land and of which not
6 more than 200 acres is either platted for or improved
7 with residences and is located predominately (meaning
8 more than 50% of its area) within a municipality that is
9 (i) located predominantly (meaning more than 50% of the
10 area of the municipality) outside the elementary or high
11 school district from which the Territory is to be
12 detached and (ii) located partly or wholly within the
13 territorial boundaries of the adjoining elementary or
14 high school district to which the Territory is to be
15 annexed. Conclusive proof of the boundaries of each
16 school district and the municipality is a document or
17 documents setting forth the boundaries and certified by
18 the county clerk of each county or by the clerk of the
19 municipality as being a correct copy of records on file
20 with the county clerk or the clerk of the municipality as
21 of a date not more than 60 days before the filing of a
22 petition under this Section. If the records of the
23 respective clerks show boundaries as of different dates,
24 those records are deemed contemporaneous for purposes of
25 this Section.
26 (2) The equalized assessed valuation of the taxable
27 property of the Territory constitutes less than 5% of
28 the equalized assessed valuation of the taxable property
29 of the school district from which it is to be detached.
30 Conclusive proof of the equalized assessed valuation of
31 each district is a document or documents stating the
32 equalized assessed valuation and certified, by the county
33 clerk of a county of not less than 2,000,000 and by the
34 county assessor or township assessor in a county of not
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1 less than 750,000 and not more than 1,500,000, as correct
2 by the certifying office as of a date not more than 60
3 days before the filing of a petition under this Section.
4 If the records from the 2 counties show equalized
5 assessed valuation as of different dates, those records
6 are deemed contemporaneous for purposes of this Section.
7 (3) The Territory is predominately (meaning more
8 than 50% of its area) within a municipality that is
9 predominantly (meaning more than 50% of the area of the
10 municipality) within a county of not less than 750,000
11 and not more than 1,500,000. Conclusive proof of
12 boundaries of the municipality is a document or
13 documents setting forth the boundaries and certified by
14 the county clerk of the county in which the municipality
15 is located or by the clerk of the municipality as correct
16 as of a date not more than 60 days before the filing of a
17 petition under this Section.
18 (4) The Territory, as of a date not more than 60
19 days before the filing of a petition, has not been
20 developed with structures for commercial, office, or
21 industrial uses, except for temporary buildings or
22 structures constructed pursuant to a permit or permits by
23 the applicable permitting authority for an initial term
24 of not more than 15 years. Conclusive proof of the
25 development of the land is a notarized statement, as of a
26 date not more than 60 days before the filing of a
27 petition under this Section, by a specially qualified
28 professional land surveyor licensed by the State of
29 Illinois.
30 (5) The area of the Territory is 5% or less of the
31 area of the school district from which it is to be
32 detached. Conclusive proof of the areas is a notarized
33 written statement by a specially qualified professional
34 land surveyor licensed by the State of Illinois.
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1 (6) Travel on public roads within 5 miles from the
2 Territory to schools in the school district from which
3 the Territory is to be detached requires crossing an
4 interstate highway. Travel on public roads within 5 miles
5 from the Territory to schools in the school district to
6 which the Territory is to be annexed does not require
7 crossing an interstate highway. Conclusive proof of the
8 facts in this paragraph (6) is a notarized written
9 statement by a specially qualified professional land
10 surveyor licensed by the State of Illinois.
11 (c) No school district may lose more than 5% of its
12 equalized assessed valuation nor more than 5% of its
13 territory through petitions filed under this Section. If a
14 petition seeks to detach territory that would result in a
15 cumulative total of more than 5% of the district's equalized
16 assessed valuation or more than 5% of the district's
17 territory being detached under this Section, the petition
18 shall be denied without prejudice to its being filed pursuant
19 to Section 7-6 of this Code.
20 (d) Conclusive proof of the population of a county is
21 the most recent federal decennial census.
22 (e) A petition filed under this Section with respect to
23 the Territory must be filed with the regional board of school
24 trustees of the county where the Territory is located (herein
25 referred to as the Regional Board) at its regular offices not
26 later than the 24 months after the effective date of this
27 amendatory Act of the 93rd General Assembly and (i) in the
28 case of any portion of the Territory not developed with
29 residences, signed by or on behalf of the taxpayers of record
30 of properties constituting 60% or more of the land not so
31 developed and (ii) in the case of any portion of the
32 Territory developed by residences, signed by 60% or more of
33 registered voters residing in the residences. Conclusive
34 proof of who are the taxpayers of record is a document
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1 certified by the assessor of the county or township in which
2 the property is located as of a date not more than 60 days
3 before the filing of a petition under this Section.
4 Conclusive proof of who are registered voters is a document
5 certified by the board of election commissioners for the
6 county in which the registered voters reside as of a date not
7 earlier than 60 days before the filing of the petition.
8 Conclusive proof of the area of the Territory and the area of
9 properties within the Territory is a survey or notarized
10 statement, as of a date not more than 60 days before the
11 filing of the petition, by a specially qualified professional
12 land surveyor licensed by the State of Illinois.
13 (f) The Regional Board must (1) hold a hearing on each
14 petition at its regular offices within 90 days after the date
15 of filing; (2) render a decision granting or denying the
16 petition within 30 days after the hearing; and (3) within 14
17 days after the decision, serve a copy of the decision by
18 certified mail, return receipt requested, upon the
19 petitioners and upon the school boards of the school
20 districts from which the territory described in the petition
21 is sought to be detached and to which the territory is sought
22 to be annexed. If petitions are filed pertaining to an
23 elementary school district and a high school district
24 described in this Section, if the petitions pertain to land
25 not developed with residences, and if the 2 petitions are
26 filed within 28 days of each other, the petitions must be
27 consolidated for hearing and heard at the same hearing. If
28 petitions are filed pertaining to an elementary school
29 district and a high school district described in this
30 Section, if the petitions pertain to land developed with
31 residences, and if the petitions are filed within 28 days of
32 each other, the 2 petitions must be consolidated for hearing
33 and heard at the same hearing. If the Regional Board does not
34 serve a copy of the decision within the time and in the
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1 manner required, any petitioner has the right to obtain, in
2 the circuit court of the county in which the petition was
3 filed, a mandamus requiring the Regional Board to serve the
4 decision immediately to the parties in the manner required.
5 Upon proof that the Regional Board has not served the
6 decision to the parties or in the manner required, the
7 circuit court must immediately issue the order.
8 The Regional Board has no authority or discretion to hear
9 any evidence or consider any issues at the hearing except
10 those that may be necessary to determine whether the
11 conditions and limitations of this Section have been met. If
12 the Regional Board finds that such conditions and limitations
13 have been met, the Regional Board must grant the petition.
14 The Regional Board must (i) give written notice of the
15 time and place of the hearing not less than 30 days prior to
16 the date of the hearing to the school board of the school
17 district from which the territory described in the petition
18 is to be detached and to the school board of the school
19 district to which the territory is to be annexed and (ii)
20 publish notice of the hearing in a newspaper that is
21 circulated within the county in which the territory described
22 in the petition is located and is circulated within the
23 school districts whose school boards are entitled to notice.
24 (g) If the granting of a petition filed under this
25 Section has become final either through failure to seek
26 administrative review or by the final decision of a court on
27 review, the change in boundaries becomes effective forthwith
28 and for all purposes, except that if granting of the petition
29 becomes final between September 1 of any year and June 30 of
30 the following year, the administration of and attendance at
31 the schools are not affected until July 1 of the following
32 year, at which time the change becomes effective for all
33 purposes. After the granting of the petition becomes final,
34 the date when the change becomes effective for purposes of
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1 administration and attendance may, in the case of land
2 improved with residences, be accelerated or postponed either
3 (i) by stipulation of the school boards of the school
4 districts from which the territory described in the petition
5 is detached and to which the territory is annexed or (ii) by
6 stipulation of the registered voters who signed the
7 petition. Their stipulation may be contained in the petition
8 or a separate document signed by them. Their stipulation must
9 be filed with the Regional Board not later than 120 days
10 after approval of their petition. The parent or parents or
11 the guardian of each student in the affected school districts
12 shall have the right to have the student continue in the
13 school that the student is currently attending until
14 graduation from that school or a shorter period if requested.
15 (h) The decision of the Regional Board is a final
16 "administrative decision" as defined in Section 3-101 of the
17 Code of Civil Procedure, and any petitioner or the school
18 board of the school district from which the land is to be
19 detached or of the school district to which the land is to be
20 annexed may, within 35 days after a copy of the decision
21 sought to be reviewed was served by certified mail upon the
22 affected party thereby or upon an attorney of record for such
23 party, apply for a review of the decision in accordance with
24 the Administrative Review Law and the rules adopted pursuant
25 to the Administrative Review Law. Standing to apply for or in
26 any manner seek review of the decision is limited exclusively
27 to a petitioner or school district described in this Section.
28 The commencement of any action for review operates as a
29 supersedeas, and no further proceedings are allowed until
30 final disposition of the review. The circuit court of the
31 county in which the petition is filed with the Regional Board
32 has sole jurisdiction to entertain a complaint for review.
33 (i) This Section (i) is not limited by and operates
34 independently of all other provisions of this Article and
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1 (ii) constitutes complete authority for the granting or
2 denial by the Regional Board of a petition filed under this
3 Section when the conditions prescribed by this Section for
4 the filing of that petition are met or not met as the case
5 may be.
6 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
7 Sec. 10-21.9. Criminal background investigations.
8 (a) Except as otherwise provided in subsection (a-5) of
9 this Section After August 1, 1985, certified and noncertified
10 applicants for employment with a school district, (except
11 school bus driver applicants) and student teachers assigned
12 to the district, are required, as a condition of employment
13 or student teaching in that district, to authorize an
14 investigation to determine if such applicants or student
15 teachers have been convicted of any of the enumerated
16 criminal or drug offenses in subsection (c) of this Section
17 or have been convicted, within 7 years of the application for
18 employment with the school district or of being assigned as a
19 student teacher to that district, of any other felony under
20 the laws of this State or of any offense committed or
21 attempted in any other state or against the laws of the
22 United States that, if committed or attempted in this State,
23 would have been punishable as a felony under the laws of this
24 State. Authorization for the investigation shall be furnished
25 by the applicant or student teacher to the school district,
26 except that if the applicant is a substitute teacher seeking
27 employment in more than one school district, a teacher
28 seeking concurrent part-time employment positions with more
29 than one school district (as a reading specialist, special
30 education teacher or otherwise), or an educational support
31 personnel employee seeking employment positions with more
32 than one district, any such district may require the
33 applicant to furnish authorization for the investigation to
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1 the regional superintendent of the educational service region
2 in which are located the school districts in which the
3 applicant is seeking employment as a substitute or concurrent
4 part-time teacher or concurrent educational support personnel
5 employee. Upon receipt of this authorization, the school
6 district or the appropriate regional superintendent, as the
7 case may be, shall submit the applicant's or student
8 teacher's name, sex, race, date of birth and social security
9 number to the Department of State Police on forms prescribed
10 by the Department. The regional superintendent submitting the
11 requisite information to the Department of State Police shall
12 promptly notify the school districts in which the applicant
13 is seeking employment as a substitute or concurrent part-time
14 teacher or concurrent educational support personnel employee
15 that the investigation of the applicant has been requested.
16 The Department of State Police shall conduct an investigation
17 to ascertain if the applicant being considered for employment
18 or student teacher has been convicted of any of the
19 enumerated criminal or drug offenses in subsection (c) or has
20 been convicted, within 7 years of the application for
21 employment with the school district or of being assigned as a
22 student teacher to that district, of any other felony under
23 the laws of this State or of any offense committed or
24 attempted in any other state or against the laws of the
25 United States that, if committed or attempted in this State,
26 would have been punishable as a felony under the laws of this
27 State. The Department shall charge the school district or
28 the appropriate regional superintendent a fee for conducting
29 such investigation, which fee shall be deposited in the State
30 Police Services Fund and shall not exceed the cost of the
31 inquiry; and the applicant or student teacher shall not be
32 charged a fee for such investigation by the school district
33 or by the regional superintendent. The regional
34 superintendent may seek reimbursement from the State Board of
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1 Education or the appropriate school district or districts for
2 fees paid by the regional superintendent to the Department
3 for the criminal background investigations required by this
4 Section.
5 (a-5) If a student teacher has undergone a criminal
6 background investigation under this Section and, within 18
7 months after the investigation is conducted, that former
8 student teacher is hired as a full-time employee with the
9 school district, then the former student teacher shall not be
10 required to undergo another criminal background investigation
11 under this Section.
12 (b) The Department shall furnish, pursuant to positive
13 identification, records of convictions, until expunged, to
14 the president of the school board for the school district
15 which requested the investigation, or to the regional
16 superintendent who requested the investigation. Any
17 information concerning the record of convictions obtained by
18 the president of the school board or the regional
19 superintendent shall be confidential and may only be
20 transmitted to the superintendent of the school district or
21 his designee, the appropriate regional superintendent if the
22 investigation was requested by the school district, the
23 presidents of the appropriate school boards if the
24 investigation was requested from the Department of State
25 Police by the regional superintendent, the State
26 Superintendent of Education, the State Teacher Certification
27 Board or any other person necessary to the decision of hiring
28 the applicant for employment or assigning the student teacher
29 to a school district. A copy of the record of convictions
30 obtained from the Department of State Police shall be
31 provided to the applicant for employment or student teacher.
32 If an investigation of an applicant for employment as a
33 substitute or concurrent part-time teacher or concurrent
34 educational support personnel employee in more than one
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1 school district was requested by the regional superintendent,
2 and the Department of State Police upon investigation
3 ascertains that the applicant has not been convicted of any
4 of the enumerated criminal or drug offenses in subsection (c)
5 or has not been convicted, within 7 years of the application
6 for employment with the school district, of any other felony
7 under the laws of this State or of any offense committed or
8 attempted in any other state or against the laws of the
9 United States that, if committed or attempted in this State,
10 would have been punishable as a felony under the laws of this
11 State and so notifies the regional superintendent, then the
12 regional superintendent shall issue to the applicant a
13 certificate evidencing that as of the date specified by the
14 Department of State Police the applicant has not been
15 convicted of any of the enumerated criminal or drug offenses
16 in subsection (c) or has not been convicted, within 7 years
17 of the application for employment with the school district,
18 of any other felony under the laws of this State or of any
19 offense committed or attempted in any other state or against
20 the laws of the United States that, if committed or attempted
21 in this State, would have been punishable as a felony under
22 the laws of this State. The school board of any school
23 district located in the educational service region served by
24 the regional superintendent who issues such a certificate to
25 an applicant for employment as a substitute teacher in more
26 than one such district may rely on the certificate issued by
27 the regional superintendent to that applicant, or may
28 initiate its own investigation of the applicant through the
29 Department of State Police as provided in subsection (a). Any
30 person who releases any confidential information concerning
31 any criminal convictions of an applicant for employment or
32 student teacher shall be guilty of a Class A misdemeanor,
33 unless the release of such information is authorized by this
34 Section.
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1 (c) No school board shall knowingly employ a person or
2 knowingly allow a person to student teach who has been
3 convicted for committing attempted first degree murder or for
4 committing or attempting to commit first degree murder or a
5 Class X felony or any one or more of the following offenses:
6 (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
7 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
8 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
9 "Criminal Code of 1961"; (ii) those defined in the "Cannabis
10 Control Act" except those defined in Sections 4(a), 4(b) and
11 5(a) of that Act; (iii) those defined in the "Illinois
12 Controlled Substances Act"; and (iv) any offense committed or
13 attempted in any other state or against the laws of the
14 United States, which if committed or attempted in this State,
15 would have been punishable as one or more of the foregoing
16 offenses. Further, no school board shall knowingly employ a
17 person or knowingly allow a person to student teach who has
18 been found to be the perpetrator of sexual or physical abuse
19 of any minor under 18 years of age pursuant to proceedings
20 under Article II of the Juvenile Court Act of 1987.
21 (d) No school board shall knowingly employ a person or
22 knowingly allow a person to student teach for whom a criminal
23 background investigation has not been initiated.
24 (e) Upon receipt of the record of a conviction of or a
25 finding of child abuse by a holder of any certificate issued
26 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
27 School Code, the appropriate regional superintendent of
28 schools or the State Superintendent of Education shall
29 initiate the certificate suspension and revocation
30 proceedings authorized by law.
31 (f) After January 1, 1990 the provisions of this Section
32 shall apply to all employees of persons or firms holding
33 contracts with any school district including, but not limited
34 to, food service workers, school bus drivers and other
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1 transportation employees, who have direct, daily contact with
2 the pupils of any school in such district. For purposes of
3 criminal background investigations on employees of persons or
4 firms holding contracts with more than one school district
5 and assigned to more than one school district, the regional
6 superintendent of the educational service region in which the
7 contracting school districts are located may, at the request
8 of any such school district, be responsible for receiving the
9 authorization for investigation prepared by each such
10 employee and submitting the same to the Department of State
11 Police. Any information concerning the record of conviction
12 of any such employee obtained by the regional superintendent
13 shall be promptly reported to the president of the
14 appropriate school board or school boards.
15 (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)
16 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
17 Sec. 34-18.5. Criminal background investigations.
18 (a) Except as otherwise provided in subsection (a-5) of
19 this Section After August 1, 1985, certified and noncertified
20 applicants for employment with the school district and
21 student teachers assigned to the district are required, as a
22 condition of employment or student teaching in that district,
23 to authorize an investigation to determine if such applicants
24 or student teachers have been convicted of any of the
25 enumerated criminal or drug offenses in subsection (c) of
26 this Section or have been convicted, within 7 years of the
27 application for employment with the school district or of
28 being assigned as a student teacher to that district, of any
29 other felony under the laws of this State or of any offense
30 committed or attempted in any other state or against the laws
31 of the United States that, if committed or attempted in this
32 State, would have been punishable as a felony under the laws
33 of this State. Authorization for the investigation shall be
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1 furnished by the applicant or student teacher to the school
2 district, except that if the applicant is a substitute
3 teacher seeking employment in more than one school district,
4 or a teacher seeking concurrent part-time employment
5 positions with more than one school district (as a reading
6 specialist, special education teacher or otherwise), or an
7 educational support personnel employee seeking employment
8 positions with more than one district, any such district may
9 require the applicant to furnish authorization for the
10 investigation to the regional superintendent of the
11 educational service region in which are located the school
12 districts in which the applicant is seeking employment as a
13 substitute or concurrent part-time teacher or concurrent
14 educational support personnel employee. Upon receipt of this
15 authorization, the school district or the appropriate
16 regional superintendent, as the case may be, shall submit the
17 applicant's or student teacher's name, sex, race, date of
18 birth and social security number to the Department of State
19 Police on forms prescribed by the Department. The regional
20 superintendent submitting the requisite information to the
21 Department of State Police shall promptly notify the school
22 districts in which the applicant is seeking employment as a
23 substitute or concurrent part-time teacher or concurrent
24 educational support personnel employee that the investigation
25 of the applicant has been requested. The Department of State
26 Police shall conduct an investigation to ascertain if the
27 applicant being considered for employment or student teacher
28 has been convicted of any of the enumerated criminal or drug
29 offenses in subsection (c) or has been convicted, within 7
30 years of the application for employment with the school
31 district or of being assigned as a student teacher to that
32 district, of any other felony under the laws of this State or
33 of any offense committed or attempted in any other state or
34 against the laws of the United States that, if committed or
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1 attempted in this State, would have been punishable as a
2 felony under the laws of this State. The Department shall
3 charge the school district or the appropriate regional
4 superintendent a fee for conducting such investigation, which
5 fee shall be deposited in the State Police Services Fund and
6 shall not exceed the cost of the inquiry; and the applicant
7 or student teacher shall not be charged a fee for such
8 investigation by the school district or by the regional
9 superintendent. The regional superintendent may seek
10 reimbursement from the State Board of Education or the
11 appropriate school district or districts for fees paid by the
12 regional superintendent to the Department for the criminal
13 background investigations required by this Section.
14 (a-5) If a student teacher has undergone a criminal
15 background investigation under this Section and, within 18
16 months after the investigation is conducted, that former
17 student teacher is hired as a full-time employee with the
18 school district, then the former student teacher shall not be
19 required to undergo another criminal background investigation
20 under this Section.
21 (b) The Department shall furnish, pursuant to positive
22 identification, records of convictions, until expunged, to
23 the president of the board of education for the school
24 district which requested the investigation, or to the
25 regional superintendent who requested the investigation. Any
26 information concerning the record of convictions obtained by
27 the president of the board of education or the regional
28 superintendent shall be confidential and may only be
29 transmitted to the general superintendent of the school
30 district or his designee, the appropriate regional
31 superintendent if the investigation was requested by the
32 board of education for the school district, the presidents of
33 the appropriate board of education or school boards if the
34 investigation was requested from the Department of State
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1 Police by the regional superintendent, the State
2 Superintendent of Education, the State Teacher Certification
3 Board or any other person necessary to the decision of hiring
4 the applicant for employment or assigning the student teacher
5 to a school district. A copy of the record of convictions
6 obtained from the Department of State Police shall be
7 provided to the applicant for employment or student teacher.
8 If an investigation of an applicant for employment as a
9 substitute or concurrent part-time teacher or concurrent
10 educational support personnel employee in more than one
11 school district was requested by the regional superintendent,
12 and the Department of State Police upon investigation
13 ascertains that the applicant has not been convicted of any
14 of the enumerated criminal or drug offenses in subsection (c)
15 or has not been convicted, within 7 years of the application
16 for employment with the school district, of any other felony
17 under the laws of this State or of any offense committed or
18 attempted in any other state or against the laws of the
19 United States that, if committed or attempted in this State,
20 would have been punishable as a felony under the laws of this
21 State and so notifies the regional superintendent, then the
22 regional superintendent shall issue to the applicant a
23 certificate evidencing that as of the date specified by the
24 Department of State Police the applicant has not been
25 convicted of any of the enumerated criminal or drug offenses
26 in subsection (c) or has not been convicted, within 7 years
27 of the application for employment with the school district,
28 of any other felony under the laws of this State or of any
29 offense committed or attempted in any other state or against
30 the laws of the United States that, if committed or attempted
31 in this State, would have been punishable as a felony under
32 the laws of this State. The school board of any school
33 district located in the educational service region served by
34 the regional superintendent who issues such a certificate to
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1 an applicant for employment as a substitute or concurrent
2 part-time teacher or concurrent educational support personnel
3 employee in more than one such district may rely on the
4 certificate issued by the regional superintendent to that
5 applicant, or may initiate its own investigation of the
6 applicant through the Department of State Police as provided
7 in subsection (a). Any person who releases any confidential
8 information concerning any criminal convictions of an
9 applicant for employment or student teacher shall be guilty
10 of a Class A misdemeanor, unless the release of such
11 information is authorized by this Section.
12 (c) The board of education shall not knowingly employ a
13 person or knowingly allow a person to student teach who has
14 been convicted for committing attempted first degree murder
15 or for committing or attempting to commit first degree murder
16 or a Class X felony or any one or more of the following
17 offenses: (i) those defined in Sections 11-6, 11-9, 11-14,
18 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
19 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16
20 of the Criminal Code of 1961; (ii) those defined in the
21 Cannabis Control Act, except those defined in Sections 4(a),
22 4(b) and 5(a) of that Act; (iii) those defined in the
23 Illinois Controlled Substances Act; and (iv) any offense
24 committed or attempted in any other state or against the laws
25 of the United States, which if committed or attempted in this
26 State, would have been punishable as one or more of the
27 foregoing offenses. Further, the board of education shall not
28 knowingly employ a person or knowingly allow a person to
29 student teach who has been found to be the perpetrator of
30 sexual or physical abuse of any minor under 18 years of age
31 pursuant to proceedings under Article II of the Juvenile
32 Court Act of 1987.
33 (d) The board of education shall not knowingly employ a
34 person or knowingly allow a person to student teach for whom
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1 a criminal background investigation has not been initiated.
2 (e) Upon receipt of the record of a conviction of or a
3 finding of child abuse by a holder of any certificate issued
4 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
5 School Code, the board of education or the State
6 Superintendent of Education shall initiate the certificate
7 suspension and revocation proceedings authorized by law.
8 (f) After March 19, 1990, the provisions of this Section
9 shall apply to all employees of persons or firms holding
10 contracts with any school district including, but not limited
11 to, food service workers, school bus drivers and other
12 transportation employees, who have direct, daily contact with
13 the pupils of any school in such district. For purposes of
14 criminal background investigations on employees of persons or
15 firms holding contracts with more than one school district
16 and assigned to more than one school district, the regional
17 superintendent of the educational service region in which the
18 contracting school districts are located may, at the request
19 of any such school district, be responsible for receiving the
20 authorization for investigation prepared by each such
21 employee and submitting the same to the Department of State
22 Police. Any information concerning the record of conviction
23 of any such employee obtained by the regional superintendent
24 shall be promptly reported to the president of the
25 appropriate school board or school boards.
26 (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)
27 Section 90. The State Mandates Act is amended by adding
28 Section 8.27 as follows:
29 (30 ILCS 805/8.27 new)
30 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
31 and 8 of this Act, no reimbursement by the State is required
32 for the implementation of any mandate created by this
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1 amendatory Act of the 93rd General Assembly.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.