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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||
4 | Section 5. The School Code is amended by changing Sections | ||||||
5 | 10-21.9, 27A-5, and 34-18.5 as follows:
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6 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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7 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
8 | the Statewide Sex Offender Database .
| ||||||
9 | (a) Certified and noncertified applicants for employment | ||||||
10 | with a school
district, except school bus driver applicants, | ||||||
11 | are required as a condition
of employment to authorize a | ||||||
12 | fingerprint-based criminal history records check to determine | ||||||
13 | if such applicants have been convicted of any of
the enumerated | ||||||
14 | criminal or drug offenses in subsection (c) of this Section or
| ||||||
15 | have been convicted, within 7 years of the application for | ||||||
16 | employment with
the
school district, of any other felony under | ||||||
17 | the laws of this State or of any
offense committed or attempted | ||||||
18 | in any other state or against the laws of
the United States | ||||||
19 | that, if committed or attempted in this State, would
have been | ||||||
20 | punishable as a felony under the laws of this State.
| ||||||
21 | Authorization for
the check shall be furnished by the applicant | ||||||
22 | to
the school district, except that if the applicant is a | ||||||
23 | substitute teacher
seeking employment in more than one school | ||||||
24 | district, a teacher seeking
concurrent part-time employment | ||||||
25 | positions with more than one school
district (as a reading | ||||||
26 | specialist, special education teacher or otherwise),
or an | ||||||
27 | educational support personnel employee seeking employment | ||||||
28 | positions
with more than one district, any such district may | ||||||
29 | require the applicant to
furnish authorization for
the check to | ||||||
30 | the regional superintendent
of the educational service region | ||||||
31 | in which are located the school districts
in which the | ||||||
32 | applicant is seeking employment as a substitute or concurrent
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1 | part-time teacher or concurrent educational support personnel | ||||||
2 | employee.
Upon receipt of this authorization, the school | ||||||
3 | district or the appropriate
regional superintendent, as the | ||||||
4 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
5 | of birth, social security number, fingerprint images, and other | ||||||
6 | identifiers, as prescribed by the Department
of State Police, | ||||||
7 | to the Department. The regional
superintendent submitting the | ||||||
8 | requisite information to the Department of
State Police shall | ||||||
9 | promptly notify the school districts in which the
applicant is | ||||||
10 | seeking employment as a substitute or concurrent part-time
| ||||||
11 | teacher or concurrent educational support personnel employee | ||||||
12 | that
the
check of the applicant has been requested. The | ||||||
13 | Department of State Police and the Federal Bureau of | ||||||
14 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
15 | criminal history records check, records of convictions, until | ||||||
16 | expunged, to the president of the school board for the school | ||||||
17 | district that requested the check, or to the regional | ||||||
18 | superintendent who requested the check.
The
Department shall | ||||||
19 | charge
the school district
or the appropriate regional | ||||||
20 | superintendent a fee for
conducting
such check, which fee shall | ||||||
21 | be deposited in the State
Police Services Fund and shall not | ||||||
22 | exceed the cost of
the inquiry; and the
applicant shall not be | ||||||
23 | charged a fee for
such check by the school
district or by the | ||||||
24 | regional superintendent. Subject to appropriations for these | ||||||
25 | purposes, the State Superintendent of Education shall | ||||||
26 | reimburse school districts and regional superintendents for | ||||||
27 | fees paid to obtain criminal history records checks under this | ||||||
28 | Section.
| ||||||
29 | (a-5) The school district or regional superintendent shall | ||||||
30 | further perform a check of the Statewide Sex Offender Database, | ||||||
31 | as authorized by the Sex Offender and Child Murderer Community | ||||||
32 | Notification Law, for each applicant.
| ||||||
33 | (b)
Any information
concerning the record of convictions | ||||||
34 | obtained by the president of the
school board or the regional | ||||||
35 | superintendent shall be confidential and may
only be | ||||||
36 | transmitted to the superintendent of the school district or his
|
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| |||||||
1 | designee, the appropriate regional superintendent if
the check | ||||||
2 | was
requested by the school district, the presidents of the | ||||||
3 | appropriate school
boards if
the check was requested from the | ||||||
4 | Department of State
Police by the regional superintendent, the | ||||||
5 | State Superintendent of
Education, the State Teacher | ||||||
6 | Certification Board or any other person
necessary to the | ||||||
7 | decision of hiring the applicant for employment. A copy
of the | ||||||
8 | record of convictions obtained from the Department of State | ||||||
9 | Police
shall be provided to the applicant for employment. Upon | ||||||
10 | the check of the Statewide Sex Offender Database, the school | ||||||
11 | district or regional superintendent shall notify an applicant | ||||||
12 | as to whether or not the applicant has been identified in the | ||||||
13 | Database as a sex offender. If a check of
an applicant for | ||||||
14 | employment as a substitute or concurrent part-time teacher
or | ||||||
15 | concurrent educational support personnel employee in more than | ||||||
16 | one
school district was requested by the regional | ||||||
17 | superintendent, and the
Department of State Police upon a check | ||||||
18 | ascertains that the applicant
has not been convicted of any of | ||||||
19 | the enumerated criminal or drug offenses
in subsection (c)
or | ||||||
20 | has not been convicted, within 7 years of the
application for
| ||||||
21 | employment with the
school district, of any other felony under | ||||||
22 | the laws of this State or of any
offense committed or attempted | ||||||
23 | in any other state or against the laws of
the United States | ||||||
24 | that, if committed or attempted in this State, would
have been | ||||||
25 | punishable as a felony under the laws of this State
and so | ||||||
26 | notifies the regional
superintendent and if the regional | ||||||
27 | superintendent upon a check ascertains that the applicant has | ||||||
28 | not been identified in the Sex Offender Database as a sex | ||||||
29 | offender , then the
regional superintendent shall issue to the | ||||||
30 | applicant a certificate
evidencing that as of the date | ||||||
31 | specified by the Department of State Police
the applicant has | ||||||
32 | not been convicted of any of the enumerated criminal or
drug | ||||||
33 | offenses in subsection (c)
or has not been
convicted, within 7 | ||||||
34 | years of the application for employment with the
school | ||||||
35 | district, of any other felony under the laws of this State or | ||||||
36 | of any
offense committed or attempted in any other state or |
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| |||||||
1 | against the laws of
the United States that, if committed or | ||||||
2 | attempted in this State, would
have been punishable as a felony | ||||||
3 | under the laws of this State and evidencing that as of the date | ||||||
4 | that the regional superintendent conducted a check of the | ||||||
5 | Statewide Sex Offender Database, the applicant has not been | ||||||
6 | identified in the Database as a sex offender . The school
board | ||||||
7 | of
any
school district
located in the educational service | ||||||
8 | region served by the regional
superintendent who issues such a | ||||||
9 | certificate to an applicant for employment
as a substitute | ||||||
10 | teacher in more than one such district may rely on the
| ||||||
11 | certificate issued by the regional superintendent to that | ||||||
12 | applicant, or may
initiate its own criminal history records | ||||||
13 | check of the applicant through the Department of
State Police | ||||||
14 | and its own check of the Statewide Sex Offender Database as | ||||||
15 | provided in subsection (a). Any person who releases any
| ||||||
16 | confidential information concerning any criminal convictions | ||||||
17 | of an
applicant for employment shall be guilty of a Class A | ||||||
18 | misdemeanor, unless
the release of such information is | ||||||
19 | authorized by this Section.
| ||||||
20 | (c) No school board shall knowingly employ a person who has | ||||||
21 | been
convicted for committing attempted first degree murder or | ||||||
22 | for committing or
attempting to commit first degree murder or a | ||||||
23 | Class X felony or any one or
more of the
following offenses: | ||||||
24 | (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| ||||||
25 | 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | ||||||
26 | 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | ||||||
27 | "Criminal Code of 1961"; (ii)
those defined in the "Cannabis | ||||||
28 | Control Act" except those defined in Sections
4(a), 4(b) and | ||||||
29 | 5(a) of that Act; (iii) those defined in the "Illinois
| ||||||
30 | Controlled Substances Act"; and (iv) any
offense committed or | ||||||
31 | attempted in
any other state or against the laws of the United | ||||||
32 | States, which if
committed or attempted in this State, would | ||||||
33 | have been punishable as one or
more of the foregoing offenses.
| ||||||
34 | Further, no school board shall knowingly employ a person who | ||||||
35 | has been found
to be the perpetrator of sexual or physical | ||||||
36 | abuse of any minor under 18 years
of age pursuant to |
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| |||||||
1 | proceedings under Article II of the Juvenile Court Act of
1987.
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2 | (d) No school board shall knowingly employ a person for | ||||||
3 | whom a criminal
history records check and a Statewide Sex | ||||||
4 | Offender Database check has not been initiated.
| ||||||
5 | (e) Upon receipt of the record of a conviction of or a | ||||||
6 | finding of child
abuse by a holder of any
certificate issued | ||||||
7 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
8 | Code, the appropriate regional superintendent of schools or the
| ||||||
9 | State Superintendent of Education shall initiate the | ||||||
10 | certificate suspension
and revocation proceedings authorized | ||||||
11 | by law.
| ||||||
12 | (f) After January 1, 1990 the provisions of this Section | ||||||
13 | shall apply
to all employees of persons or firms holding | ||||||
14 | contracts with any school
district including, but not limited | ||||||
15 | to, food service workers, school bus
drivers and other | ||||||
16 | transportation employees, who have direct, daily contact
with | ||||||
17 | the pupils of any school in such district. For purposes of | ||||||
18 | criminal
history records checks and checks of the Statewide Sex | ||||||
19 | Offender Database on employees of persons or firms holding
| ||||||
20 | contracts with more than one school district and assigned to | ||||||
21 | more than one
school district, the regional superintendent of | ||||||
22 | the educational service
region in which the contracting school | ||||||
23 | districts are located may, at the
request of any such school | ||||||
24 | district, be responsible for receiving the
authorization for
a | ||||||
25 | criminal history records check prepared by each such employee | ||||||
26 | and
submitting the same to the Department of State Police and | ||||||
27 | for conducting a check of the Statewide Sex Offender Database | ||||||
28 | for each employee . Any information
concerning the record of | ||||||
29 | conviction and identification as a sex offender of any such | ||||||
30 | employee obtained by the
regional superintendent shall be | ||||||
31 | promptly reported to the president of the
appropriate school | ||||||
32 | board or school boards.
| ||||||
33 | (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
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34 | (105 ILCS 5/27A-5)
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35 | Sec. 27A-5. Charter school; legal entity; requirements.
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1 | (a) A charter school shall be a public, nonsectarian, | ||||||
2 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
3 | school shall be organized and operated
as a nonprofit | ||||||
4 | corporation or other discrete, legal, nonprofit entity
| ||||||
5 | authorized under the laws of the State of Illinois.
| ||||||
6 | (b) A charter school may be established under this Article | ||||||
7 | by creating a new
school or by converting an existing public | ||||||
8 | school or attendance center to
charter
school status.
| ||||||
9 | Beginning on the effective date of this amendatory Act of the | ||||||
10 | 93rd General
Assembly, in all new
applications submitted to the | ||||||
11 | State Board or a local school board to establish
a charter
| ||||||
12 | school in a city having a population exceeding 500,000, | ||||||
13 | operation of the
charter
school shall be limited to one campus. | ||||||
14 | The changes made to this Section by this
amendatory Act
of the | ||||||
15 | 93rd General
Assembly do not apply to charter schools existing | ||||||
16 | or approved on or before the
effective date of this
amendatory | ||||||
17 | Act.
| ||||||
18 | (c) A charter school shall be administered and governed by | ||||||
19 | its board of
directors or other governing body
in the manner | ||||||
20 | provided in its charter. The governing body of a charter school
| ||||||
21 | shall be subject to the Freedom of Information Act and the Open | ||||||
22 | Meetings Act.
| ||||||
23 | (d) A charter school shall comply with all applicable | ||||||
24 | health and safety
requirements applicable to public schools | ||||||
25 | under the laws of the State of
Illinois.
| ||||||
26 | (e) Except as otherwise provided in the School Code, a | ||||||
27 | charter school shall
not charge tuition; provided that a | ||||||
28 | charter school may charge reasonable fees
for textbooks, | ||||||
29 | instructional materials, and student activities.
| ||||||
30 | (f) A charter school shall be responsible for the | ||||||
31 | management and operation
of its fiscal affairs including,
but | ||||||
32 | not limited to, the preparation of its budget. An audit of each | ||||||
33 | charter
school's finances shall be conducted annually by an | ||||||
34 | outside, independent
contractor retained by the charter | ||||||
35 | school.
| ||||||
36 | (g) A charter school shall comply with all provisions of |
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| |||||||
1 | this Article and
its charter. A charter
school is exempt from | ||||||
2 | all other State laws and regulations in the School Code
| ||||||
3 | governing public
schools and local school board policies, | ||||||
4 | except the following:
| ||||||
5 | (1) Sections 10-21.9 and 34-18.5 of the School Code | ||||||
6 | regarding criminal
history records checks and checks of the | ||||||
7 | Statewide Sex Offender Database of applicants for | ||||||
8 | employment;
| ||||||
9 | (2) Sections 24-24 and 34-84A of the School Code | ||||||
10 | regarding discipline of
students;
| ||||||
11 | (3) The Local Governmental and Governmental Employees | ||||||
12 | Tort Immunity Act;
| ||||||
13 | (4) Section 108.75 of the General Not For Profit | ||||||
14 | Corporation Act of 1986
regarding indemnification of | ||||||
15 | officers, directors, employees, and agents;
| ||||||
16 | (5) The Abused and Neglected Child Reporting Act;
| ||||||
17 | (6) The Illinois School Student Records Act; and
| ||||||
18 | (7) Section 10-17a of the School Code regarding school | ||||||
19 | report cards.
| ||||||
20 | (h) A charter school may negotiate and contract with a | ||||||
21 | school district, the
governing body of a State college or | ||||||
22 | university or public community college, or
any other public or | ||||||
23 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
24 | school building and grounds or any other real property or | ||||||
25 | facilities that
the charter school desires to use or convert | ||||||
26 | for use as a charter school site,
(ii) the operation and | ||||||
27 | maintenance thereof, and
(iii) the provision of any service, | ||||||
28 | activity, or undertaking that the charter
school is required to | ||||||
29 | perform in order to carry out the terms of its charter.
| ||||||
30 | However, a charter school
that is established on
or
after the | ||||||
31 | effective date of this amendatory Act of the 93rd General
| ||||||
32 | Assembly and that operates
in a city having a population | ||||||
33 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
34 | manage or operate the school during the period that commences | ||||||
35 | on the
effective date of this amendatory Act of the 93rd | ||||||
36 | General Assembly and
concludes at the end of the 2004-2005 |
| |||||||
| |||||||
1 | school year.
Except as provided in subsection (i) of this | ||||||
2 | Section, a school district may
charge a charter school | ||||||
3 | reasonable rent for the use of the district's
buildings, | ||||||
4 | grounds, and facilities. Any services for which a charter | ||||||
5 | school
contracts
with a school district shall be provided by | ||||||
6 | the district at cost. Any services
for which a charter school | ||||||
7 | contracts with a local school board or with the
governing body | ||||||
8 | of a State college or university or public community college
| ||||||
9 | shall be provided by the public entity at cost.
| ||||||
10 | (i) In no event shall a charter school that is established | ||||||
11 | by converting an
existing school or attendance center to | ||||||
12 | charter school status be required to
pay rent for space
that is | ||||||
13 | deemed available, as negotiated and provided in the charter | ||||||
14 | agreement,
in school district
facilities. However, all other | ||||||
15 | costs for the operation and maintenance of
school district | ||||||
16 | facilities that are used by the charter school shall be subject
| ||||||
17 | to negotiation between
the charter school and the local school | ||||||
18 | board and shall be set forth in the
charter.
| ||||||
19 | (j) A charter school may limit student enrollment by age or | ||||||
20 | grade level.
| ||||||
21 | (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04.)
| ||||||
22 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| ||||||
23 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
24 | the Statewide Sex Offender Database .
| ||||||
25 | (a) Certified and noncertified applicants for
employment | ||||||
26 | with the school district are required as a condition of
| ||||||
27 | employment to authorize a fingerprint-based criminal history | ||||||
28 | records check to determine if such applicants
have been | ||||||
29 | convicted of any of the enumerated criminal or drug offenses in
| ||||||
30 | subsection (c) of this Section or have been
convicted, within 7 | ||||||
31 | years of the application for employment with the
school | ||||||
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 | ||||||
35 | attempted in this State, would
have been punishable as a felony |
| |||||||
| |||||||
1 | under the laws of this State. Authorization
for
the
check shall
| ||||||
2 | be furnished by the applicant to the school district, except | ||||||
3 | that if the
applicant is a substitute teacher seeking | ||||||
4 | employment in more than one
school district, or a teacher | ||||||
5 | seeking concurrent part-time employment
positions with more | ||||||
6 | than one school district (as a reading specialist,
special | ||||||
7 | education teacher or otherwise), or an educational support
| ||||||
8 | personnel employee seeking employment positions with more than | ||||||
9 | one
district, any such district may require the applicant to | ||||||
10 | furnish
authorization for
the check to the regional | ||||||
11 | superintendent of the
educational service region in which are | ||||||
12 | located the school districts in
which the applicant is seeking | ||||||
13 | employment as a substitute or concurrent
part-time teacher or | ||||||
14 | concurrent educational support personnel employee.
Upon | ||||||
15 | receipt of this authorization, the school district or the | ||||||
16 | appropriate
regional superintendent, as the case may be, shall | ||||||
17 | submit the applicant's
name, sex, race, date of birth, social | ||||||
18 | security number, fingerprint images, and other identifiers, as | ||||||
19 | prescribed by the Department
of State Police, to the | ||||||
20 | Department. The regional
superintendent submitting the | ||||||
21 | requisite information to the Department of
State Police shall | ||||||
22 | promptly notify the school districts in which the
applicant is | ||||||
23 | seeking employment as a substitute or concurrent part-time
| ||||||
24 | teacher or concurrent educational support personnel employee | ||||||
25 | that
the
check of the applicant has been requested. The | ||||||
26 | Department of State
Police and the Federal Bureau of | ||||||
27 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
28 | criminal history records check, records of convictions, until | ||||||
29 | expunged, to the president of the school board for the school | ||||||
30 | district that requested the check, or to the regional | ||||||
31 | superintendent who requested the check. The
Department shall | ||||||
32 | charge
the school district
or the appropriate regional | ||||||
33 | superintendent a fee for
conducting
such check, which fee shall | ||||||
34 | be deposited in the State
Police Services Fund and shall not | ||||||
35 | exceed the cost of the inquiry; and the
applicant shall not be | ||||||
36 | charged a fee for
such check by the school
district or by the |
| |||||||
| |||||||
1 | regional superintendent. Subject to appropriations for these | ||||||
2 | purposes, the State Superintendent of Education shall | ||||||
3 | reimburse the school district and regional superintendent for | ||||||
4 | fees paid to obtain criminal history records checks under this | ||||||
5 | Section.
| ||||||
6 | (a-5) The school district or regional superintendent shall | ||||||
7 | further perform a check of the Statewide Sex Offender Database, | ||||||
8 | as authorized by the Sex Offender and Child Murderer Community | ||||||
9 | Notification Law, for each applicant.
| ||||||
10 | (b) Any
information concerning the record of convictions | ||||||
11 | obtained by the president
of the board of education or the | ||||||
12 | regional superintendent shall be
confidential and may only be | ||||||
13 | transmitted to the general superintendent of
the school | ||||||
14 | district or his designee, the appropriate regional
| ||||||
15 | superintendent if
the check was requested by the board of | ||||||
16 | education
for the school district, the presidents of the | ||||||
17 | appropriate board of
education or school boards if
the check | ||||||
18 | was requested from the
Department of State Police by the | ||||||
19 | regional superintendent, the State
Superintendent of | ||||||
20 | Education, the State Teacher Certification Board or any
other | ||||||
21 | person necessary to the decision of hiring the applicant for
| ||||||
22 | employment. A copy of the record of convictions obtained from | ||||||
23 | the
Department of State Police shall be provided to the | ||||||
24 | applicant for
employment. Upon the check of the Statewide Sex | ||||||
25 | Offender Database, the school district or regional | ||||||
26 | superintendent shall notify an applicant as to whether or not | ||||||
27 | the applicant has been identified in the Database as a sex | ||||||
28 | offender. If a check of an applicant for employment as a
| ||||||
29 | substitute or concurrent part-time teacher or concurrent | ||||||
30 | educational
support personnel employee in more than one school | ||||||
31 | district was requested
by the regional superintendent, and the | ||||||
32 | Department of State Police upon
a check ascertains that the | ||||||
33 | applicant has not been convicted of any
of the enumerated | ||||||
34 | criminal or drug offenses in subsection (c)
or has not been
| ||||||
35 | convicted,
within 7 years of the application for employment | ||||||
36 | with the
school district, of any other felony under the laws of |
| |||||||
| |||||||
1 | this State or of any
offense committed or attempted in any | ||||||
2 | other state or against the laws of
the United States that, if | ||||||
3 | committed or attempted in this State, would
have been | ||||||
4 | punishable as a felony under the laws of this State and so
| ||||||
5 | notifies the regional superintendent and if the regional | ||||||
6 | superintendent upon a check ascertains that the applicant has | ||||||
7 | not been identified in the Sex Offender Database as a sex | ||||||
8 | offender , then the regional superintendent
shall issue to the | ||||||
9 | applicant a certificate evidencing that as of the date
| ||||||
10 | specified by the Department of State Police the applicant has | ||||||
11 | not been
convicted of any of the enumerated criminal or drug | ||||||
12 | offenses in subsection
(c)
or has not been
convicted, within 7 | ||||||
13 | years of the application for employment with the
school | ||||||
14 | district, of any other felony under the laws of this State or | ||||||
15 | of any
offense committed or attempted in any other state or | ||||||
16 | against the laws of
the United States that, if committed or | ||||||
17 | attempted in this State, would
have been punishable as a felony | ||||||
18 | under the laws of this State and evidencing that as of the date | ||||||
19 | that the regional superintendent conducted a check of the | ||||||
20 | Statewide Sex Offender Database, the applicant has not been | ||||||
21 | identified in the Database as a sex offender . The school
board | ||||||
22 | of any school district located
in
the educational
service | ||||||
23 | region served by the regional superintendent who issues such a
| ||||||
24 | certificate to an applicant for employment as a substitute or | ||||||
25 | concurrent
part-time teacher or concurrent educational support | ||||||
26 | personnel employee in more
than one such district may rely on | ||||||
27 | the certificate issued by the regional
superintendent to that | ||||||
28 | applicant, or may initiate its own criminal history records | ||||||
29 | check of
the applicant through the Department of State Police | ||||||
30 | and its own check of the Statewide Sex Offender Database as | ||||||
31 | provided in
subsection (a). Any person who releases any | ||||||
32 | confidential information
concerning any criminal convictions | ||||||
33 | of an applicant for employment shall be
guilty of a Class A | ||||||
34 | misdemeanor, unless the release of such information is
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35 | authorized by this Section.
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36 | (c) The board of education shall not knowingly employ a |
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1 | person who has
been convicted for committing attempted first | ||||||
2 | degree murder or for
committing or attempting to commit first | ||||||
3 | degree murder or a Class X felony
or any one or more of the
| ||||||
4 | following offenses: (i) those defined in Sections 11-6, 11-9, | ||||||
5 | 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, | ||||||
6 | 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | ||||||
7 | and 12-16 of the Criminal Code of
1961; (ii) those defined in | ||||||
8 | the Cannabis Control Act,
except those defined in Sections | ||||||
9 | 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | ||||||
10 | Illinois Controlled Substances Act;
and (iv) any
offense | ||||||
11 | committed or attempted in any other state or against the laws | ||||||
12 | of
the United States, which if committed or attempted in this | ||||||
13 | State, would
have been punishable as one or more of the | ||||||
14 | foregoing offenses.
Further, the board of education shall not | ||||||
15 | knowingly employ a person who has
been found to be the | ||||||
16 | perpetrator of sexual or physical abuse of any minor under
18 | ||||||
17 | years of age pursuant to proceedings under Article II of the | ||||||
18 | Juvenile Court
Act of 1987.
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19 | (d) The board of education shall not knowingly employ a | ||||||
20 | person for whom
a criminal history records check and a | ||||||
21 | Statewide Sex Offender Database check has not been initiated.
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22 | (e) Upon receipt of the record of a conviction of or a | ||||||
23 | finding of child
abuse by a holder of any
certificate issued | ||||||
24 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
25 | Code, the board of education or the State Superintendent of
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26 | Education shall initiate the certificate suspension and | ||||||
27 | revocation
proceedings authorized by law.
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28 | (f) After March 19, 1990, the provisions of this Section | ||||||
29 | shall apply to
all employees of persons or firms holding | ||||||
30 | contracts with any school district
including, but not limited | ||||||
31 | to, food service workers, school bus drivers and
other | ||||||
32 | transportation employees, who have direct, daily contact with | ||||||
33 | the
pupils of any school in such district. For purposes of | ||||||
34 | criminal history records checks and checks of the Statewide Sex | ||||||
35 | Offender Database on employees of persons or firms holding | ||||||
36 | contracts with more
than one school district and assigned to |
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1 | more than one school district, the
regional superintendent of | ||||||
2 | the educational service region in which the
contracting school | ||||||
3 | districts are located may, at the request of any such
school | ||||||
4 | district, be responsible for receiving the authorization for
a | ||||||
5 | criminal history records check prepared by each such employee | ||||||
6 | and submitting the same to the
Department of State Police and | ||||||
7 | for conducting a check of the Statewide Sex Offender Database | ||||||
8 | for each employee . Any information concerning the record of
| ||||||
9 | conviction and identification as a sex offender of any such | ||||||
10 | employee obtained by the regional superintendent
shall be | ||||||
11 | promptly reported to the president of the appropriate school | ||||||
12 | board
or school boards.
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13 | (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
|