093_HB3619

 
                                     LRB093 07536 NHT 07711 b

 1        AN ACT concerning education.

 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 changing
 5    Sections 10-21.9 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 background investigations.
 8        (a)  After August 1,  1985,  certified  and  noncertified
 9    applicants  for  employment  with  a  school district, except
10    school bus driver applicants, are required as a condition  of
11    employment to authorize an investigation to determine if such
12    applicants  have  been  convicted  of  any  of the enumerated
13    criminal or drug offenses in subsection (c) of  this  Section
14    or have been convicted, within 7 years of the application for
15    employment  with  the  school  district,  of any other felony
16    under the laws of this State or of any offense  committed  or
17    attempted  in  any  other  state  or  against the laws of the
18    United States that, if committed or attempted in this  State,
19    would have been punishable as a felony under the laws of this
20    State. Authorization for the investigation shall be furnished
21    by  the  applicant to the school district, except that if the
22    applicant is a substitute teacher seeking employment in  more
23    than  one  school  district,  a  teacher  seeking  concurrent
24    part-time  employment  positions  with  more  than one school
25    district (as a reading specialist, special education  teacher
26    or  otherwise),  or an educational support personnel employee
27    seeking employment positions with more than one district, any
28    such  district  may  require   the   applicant   to   furnish
29    authorization   for   the   investigation   to  the  regional
30    superintendent of the educational service region in which are
31    located the  school  districts  in  which  the  applicant  is
 
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 1    seeking  employment  as  a substitute or concurrent part-time
 2    teacher or concurrent educational support personnel employee.
 3    Upon receipt of this authorization, the  school  district  or
 4    the  appropriate regional superintendent, as the case may be,
 5    shall submit the applicant's name, sex, race, date  of  birth
 6    and  social security number to the Department of State Police
 7    on  forms  prescribed  by  the   Department.   The   regional
 8    superintendent  submitting  the  requisite information to the
 9    Department of State Police shall promptly notify  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 that the investigation
13    of  the applicant has been requested. The Department of State
14    Police shall conduct an investigation  to  ascertain  if  the
15    applicant  being considered for employment has been convicted
16    of any  of  the  enumerated  criminal  or  drug  offenses  in
17    subsection  (c)  or has been convicted, within 7 years of the
18    application for employment with the school district,  of  any
19    other  felony  under the laws of this State or of any offense
20    committed or attempted in any other state or against the laws
21    of the United States that, if committed or attempted in  this
22    State,  would have been punishable as a felony under the laws
23    of this State.    The  Department  shall  charge  the  school
24    district or the appropriate regional superintendent a fee for
25    conducting  such  investigation, which fee shall be deposited
26    in the State Police Services Fund and shall  not  exceed  the
27    cost of the inquiry; and the applicant shall not be charged a
28    fee  for  such investigation by the school district or by the
29    regional superintendent.   The  regional  superintendent  may
30    seek  reimbursement  from the State Board of Education or the
31    appropriate school district or districts for fees paid by the
32    regional superintendent to the Department  for  the  criminal
33    background investigations required by this Section.
34        (b)  The  Department  shall furnish, pursuant to positive
 
                            -3-      LRB093 07536 NHT 07711 b
 1    identification, records of convictions,  until  expunged,  to
 2    the  president  of  the  school board for the school district
 3    which  requested  the  investigation,  or  to  the   regional
 4    superintendent   who   requested   the   investigation.   Any
 5    information concerning the record of convictions obtained  by
 6    the   president   of   the   school  board  or  the  regional
 7    superintendent  shall  be  confidential  and  may   only   be
 8    transmitted  to  the superintendent of the school district or
 9    his designee, the appropriate regional superintendent if  the
10    investigation  was  requested  by  the  school  district, the
11    presidents  of  the  appropriate   school   boards   if   the
12    investigation  was  requested  from  the  Department of State
13    Police   by   the   regional   superintendent,   the    State
14    Superintendent  of Education, the State Teacher Certification
15    Board or any other person necessary to the decision of hiring
16    the applicant for  employment.   A  copy  of  the  record  of
17    convictions  obtained  from  the  Department  of State Police
18    shall be provided to the  applicant  for  employment.  If  an
19    investigation  of an applicant for employment as a substitute
20    or concurrent part-time  teacher  or  concurrent  educational
21    support  personnel  employee in more than one school district
22    was  requested  by  the  regional  superintendent,  and   the
23    Department of State Police upon investigation ascertains that
24    the applicant has not been convicted of any of the enumerated
25    criminal  or  drug offenses in subsection (c) or has not been
26    convicted, within 7 years of the application  for  employment
27    with  the school district, of any other felony under the laws
28    of this State or of any offense committed or attempted in any
29    other state or against the laws of the United States that, if
30    committed  or  attempted  in  this  State,  would  have  been
31    punishable as a felony under the laws of this  State  and  so
32    notifies  the  regional  superintendent,  then  the  regional
33    superintendent  shall  issue  to  the applicant a certificate
34    evidencing that as of the date specified by the Department of
 
                            -4-      LRB093 07536 NHT 07711 b
 1    State Police the applicant has not been convicted of  any  of
 2    the enumerated criminal or drug offenses in subsection (c) or
 3    has not been convicted, within 7 years of the application for
 4    employment  with  the  school  district,  of any other felony
 5    under the laws of this State or of any offense  committed  or
 6    attempted  in  any  other  state  or  against the laws of the
 7    United States that, if committed or attempted in this  State,
 8    would have been punishable as a felony under the laws of this
 9    State.   The  school  board of any school district located in
10    the  educational  service  region  served  by  the   regional
11    superintendent  who issues such a certificate to an applicant
12    for employment as a substitute teacher in more than one  such
13    district  may  rely on the certificate issued by the regional
14    superintendent to that applicant, or  may  initiate  its  own
15    investigation  of  the  applicant  through  the Department of
16    State Police as provided in subsection (a).  Any  person  who
17    releases any confidential information concerning any criminal
18    convictions of an applicant for employment shall be guilty of
19    a Class A misdemeanor, unless the release of such information
20    is authorized by this Section.
21        (c)  No  school board shall knowingly employ a person who
22    has been convicted  for  committing  attempted  first  degree
23    murder or for committing or attempting to commit first degree
24    murder  or  a  Class  X  felony  or  any  one  or more of the
25    following offenses: (i) those defined in Sections 11-6, 11-9,
26    11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,  11-19,  11-19.1,
27    11-19.2,  11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
28    and 12-16 of the "Criminal Code of 1961"; (ii) those  defined
29    in  the  "Cannabis  Control  Act"  except  those  defined  in
30    Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
31    in  the  "Illinois  Controlled  Substances Act"; and (iv) any
32    offense committed or attempted in any other state or  against
33    the  laws  of  the  United  States,  which  if  committed  or
34    attempted in this State, would have been punishable as one or
 
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 1    more  of  the  foregoing  offenses.  Further, no school board
 2    shall knowingly employ a person who has been found to be  the
 3    perpetrator of sexual or physical abuse of any minor under 18
 4    years  of age pursuant to proceedings under Article II of the
 5    Juvenile Court Act of 1987.
 6        (d)  No school board shall knowingly employ a person  for
 7    whom   a  criminal  background  investigation  has  not  been
 8    completed initiated.
 9        (e)  Upon receipt of the record of a conviction of  or  a
10    finding  of child abuse by a holder of any certificate issued
11    pursuant to Article 21 or Section  34-8.1  or  34-83  of  the
12    School  Code,  the  appropriate  regional  superintendent  of
13    schools  or  the  State  Superintendent  of  Education  shall
14    initiate    the   certificate   suspension   and   revocation
15    proceedings authorized by law.
16        (f)  After January 1, 1990 the provisions of this Section
17    shall apply to all employees  of  persons  or  firms  holding
18    contracts with any school district including, but not limited
19    to,  food  service  workers,  school  bus  drivers  and other
20    transportation employees, who have direct, daily contact with
21    the pupils of any school in such district.  For  purposes  of
22    criminal background investigations on employees of persons or
23    firms  holding  contracts  with more than one school district
24    and assigned to more than one school district,  the  regional
25    superintendent of the educational service region in which the
26    contracting  school districts are located may, at the request
27    of any such school district, be responsible for receiving the
28    authorization  for  investigation  prepared  by   each   such
29    employee  and  submitting the same to the Department of State
30    Police.  Any information concerning the record of  conviction
31    of  any such employee obtained by the regional superintendent
32    shall  be  promptly  reported  to  the   president   of   the
33    appropriate school board or school boards.
34    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)
 
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 1        (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
 2        Sec. 34-18.5.  Criminal background investigations.
 3        (a)  After  August  1,  1985,  certified and noncertified
 4    applicants  for  employment  with  the  school  district  are
 5    required  as  a  condition  of  employment  to  authorize  an
 6    investigation to  determine  if  such  applicants  have  been
 7    convicted  of any of the enumerated criminal or drug offenses
 8    in subsection (c) of this Section  or  have  been  convicted,
 9    within  7  years  of  the application for employment with the
10    school district, of any other felony under the laws  of  this
11    State  or  of any offense committed or attempted in any other
12    state or against the laws  of  the  United  States  that,  if
13    committed  or  attempted  in  this  State,  would  have  been
14    punishable  as  a  felony  under  the  laws  of  this  State.
15    Authorization for the investigation shall be furnished by the
16    applicant   to  the  school  district,  except  that  if  the
17    applicant is a substitute teacher seeking employment in  more
18    than  one  school  district,  or a teacher seeking concurrent
19    part-time employment positions  with  more  than  one  school
20    district  (as a reading specialist, special education teacher
21    or otherwise), or an educational support  personnel  employee
22    seeking employment positions with more than one district, any
23    such   district   may   require   the  applicant  to  furnish
24    authorization  for  the   investigation   to   the   regional
25    superintendent of the educational service region in which are
26    located  the  school  districts  in  which  the  applicant is
27    seeking employment as a substitute  or  concurrent  part-time
28    teacher or concurrent educational support personnel employee.
29    Upon  receipt  of  this authorization, the school district or
30    the appropriate regional superintendent, as the case may  be,
31    shall  submit  the applicant's name, sex, race, date of birth
32    and social security number to the Department of State  Police
33    on   forms   prescribed   by  the  Department.  The  regional
34    superintendent submitting the requisite  information  to  the
 
                            -7-      LRB093 07536 NHT 07711 b
 1    Department  of  State Police shall promptly notify the school
 2    districts in which the applicant is seeking employment  as  a
 3    substitute  or  concurrent  part-time  teacher  or concurrent
 4    educational support personnel employee that the investigation
 5    of the applicant has been requested. The Department of  State
 6    Police  shall  conduct  an  investigation to ascertain if the
 7    applicant being considered for employment has been  convicted
 8    of  any  of  the  enumerated  criminal  or  drug  offenses in
 9    subsection (c) or has been convicted, within 7 years  of  the
10    application  for  employment with the school district, of any
11    other felony under the laws of this State or of  any  offense
12    committed or attempted in any other state or against the laws
13    of  the United States that, if committed or attempted in this
14    State, would have been punishable as a felony under the  laws
15    of  this  State.   The  Department  shall  charge  the school
16    district or the appropriate regional superintendent a fee for
17    conducting such investigation, which fee shall  be  deposited
18    in  the  State  Police Services Fund and shall not exceed the
19    cost of the inquiry; and the applicant shall not be charged a
20    fee for such investigation by the school district or  by  the
21    regional  superintendent.   The  regional  superintendent may
22    seek reimbursement from the State Board of Education  or  the
23    appropriate school district or districts for fees paid by the
24    regional  superintendent  to  the Department for the criminal
25    background investigations required by this Section.
26        (b)  The Department shall furnish, pursuant  to  positive
27    identification,  records  of  convictions, until expunged, to
28    the president of  the  board  of  education  for  the  school
29    district   which  requested  the  investigation,  or  to  the
30    regional superintendent who requested the investigation.  Any
31    information concerning the record of convictions obtained  by
32    the  president  of  the  board  of  education or the regional
33    superintendent  shall  be  confidential  and  may   only   be
34    transmitted  to  the  general  superintendent  of  the school
 
                            -8-      LRB093 07536 NHT 07711 b
 1    district  or   his   designee,   the   appropriate   regional
 2    superintendent  if  the  investigation  was  requested by the
 3    board of education for the school district, the presidents of
 4    the appropriate board of education or school  boards  if  the
 5    investigation  was  requested  from  the  Department of State
 6    Police   by   the   regional   superintendent,   the    State
 7    Superintendent  of Education, the State Teacher Certification
 8    Board or any other person necessary to the decision of hiring
 9    the applicant  for  employment.  A  copy  of  the  record  of
10    convictions  obtained  from  the  Department  of State Police
11    shall be provided to the  applicant  for  employment.  If  an
12    investigation  of an applicant for employment as a substitute
13    or concurrent part-time  teacher  or  concurrent  educational
14    support  personnel  employee in more than one school district
15    was  requested  by  the  regional  superintendent,  and   the
16    Department of State Police upon investigation ascertains that
17    the applicant has not been convicted of any of the enumerated
18    criminal  or  drug offenses in subsection (c) or has not been
19    convicted, within 7 years of the application  for  employment
20    with  the school district, of any other felony under the laws
21    of this State or of any offense committed or attempted in any
22    other state or against the laws of the United States that, if
23    committed  or  attempted  in  this  State,  would  have  been
24    punishable as a felony under the laws of this  State  and  so
25    notifies  the  regional  superintendent,  then  the  regional
26    superintendent  shall  issue  to  the applicant a certificate
27    evidencing that as of the date specified by the Department of
28    State Police the applicant has not been convicted of  any  of
29    the enumerated criminal or drug offenses in subsection (c) or
30    has not been convicted, within 7 years of the application for
31    employment  with  the  school  district,  of any other felony
32    under the laws of this State or of any offense  committed  or
33    attempted  in  any  other  state  or  against the laws of the
34    United States that, if committed or attempted in this  State,
 
                            -9-      LRB093 07536 NHT 07711 b
 1    would have been punishable as a felony under the laws of this
 2    State.   The  school  board of any school district located in
 3    the  educational  service  region  served  by  the   regional
 4    superintendent  who issues such a certificate to an applicant
 5    for  employment  as  a  substitute  or  concurrent  part-time
 6    teacher or concurrent educational support personnel  employee
 7    in  more  than  one such district may rely on the certificate
 8    issued by the regional superintendent to that  applicant,  or
 9    may  initiate  its own investigation of the applicant through
10    the Department of State Police as provided in subsection (a).
11    Any  person  who  releases   any   confidential   information
12    concerning  any  criminal  convictions  of  an  applicant for
13    employment shall be guilty of a Class A  misdemeanor,  unless
14    the  release  of  such  information  is  authorized  by  this
15    Section.
16        (c)  The  board of education shall not knowingly employ a
17    person who has been convicted for committing attempted  first
18    degree murder or for committing or attempting to commit first
19    degree  murder  or a Class X felony or any one or more of the
20    following offenses:  (i)  those  defined  in  Sections  11-6,
21    11-9,  11-14,  11-15,  11-15.1,  11-16,  11-17, 11-18, 11-19,
22    11-19.1,  11-19.2,  11-20,  11-20.1,  11-21,  12-13,   12-14,
23    12-14.1,  12-15  and 12-16 of the Criminal Code of 1961; (ii)
24    those defined in  the  Cannabis  Control  Act,  except  those
25    defined  in  Sections  4(a), 4(b) and 5(a) of that Act; (iii)
26    those defined in the Illinois Controlled Substances Act;  and
27    (iv) any offense committed or attempted in any other state or
28    against  the laws of the United States, which if committed or
29    attempted in this State, would have been punishable as one or
30    more  of  the  foregoing  offenses.  Further,  the  board  of
31    education shall not knowingly employ a person  who  has  been
32    found  to  be  the perpetrator of sexual or physical abuse of
33    any minor under 18 years of age pursuant to proceedings under
34    Article II of the Juvenile Court Act of 1987.
 
                            -10-     LRB093 07536 NHT 07711 b
 1        (d)  The board of education shall not knowingly employ  a
 2    person  for  whom a criminal background investigation has not
 3    been completed initiated.
 4        (e)  Upon receipt of the record of a conviction of  or  a
 5    finding  of child abuse by a holder of any certificate issued
 6    pursuant to Article 21 or Section  34-8.1  or  34-83  of  the
 7    School   Code,   the   board   of   education  or  the  State
 8    Superintendent of Education shall  initiate  the  certificate
 9    suspension and revocation proceedings authorized by law.
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 background investigations on employees of persons or
17    firms holding contracts with more than  one  school  district
18    and  assigned  to more than one school district, the regional
19    superintendent of the educational service region in which the
20    contracting school districts are located may, at the  request
21    of any such school district, be responsible for receiving the
22    authorization   for   investigation  prepared  by  each  such
23    employee and submitting the same to the Department  of  State
24    Police.   Any information concerning the record of conviction
25    of any such employee obtained by the regional  superintendent
26    shall   be   promptly   reported  to  the  president  of  the
27    appropriate school board or school boards.
28    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)