Bill Status of SB 2091   95th General Assembly

Short Description:  TEACHER-CERT-CRIMINAL OFFENSE

Senate Sponsors
Sen. William R. Haine-Jacqueline Y. Collins and Edward D. Maloney

House Sponsors
(Rep. Roger L. Eddy-Dan Brady-Naomi D. Jakobsson-Elizabeth Coulson-Jerry L. Mitchell, Patrick J Verschoore, Michael K. Smith, Thomas Holbrook, Daniel V. Beiser, Dan Reitz, Brandon W. Phelps, Donald L. Moffitt, Sidney H. Mathias, Jack D. Franks, Linda Chapa LaVia, Mike Fortner, Sandy Cole, Raymond Poe, Rich Brauer, Rosemary Mulligan, Chapin Rose, Robert W. Pritchard, Ronald A. Wait, Sandra M. Pihos, Renée Kosel, Carolyn H. Krause, Dennis M. Reboletti, Franco Coladipietro and Harry R. Ramey, Jr.)


Last Action  View All Actions

DateChamber Action
  1/13/2009SenateSession Sine Die

Statutes Amended In Order of Appearance
55 ILCS 5/3-9005from Ch. 34, par. 3-9005
105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
105 ILCS 5/21-1from Ch. 122, par. 21-1
105 ILCS 5/21-23from Ch. 122, par. 21-23
105 ILCS 5/21-23afrom Ch. 122, par. 21-23a
105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5

Synopsis As Introduced
Amends the School Code and the Counties Code. Provides that it is a State's Attorney's duty to notify the State Superintendent of Education upon the conviction of any individual known to possess a certificate issued under the School Code of any of certain offenses or any other felony conviction. In the criminal history records check provisions of the School Code, makes changes concerning the offenses for which a school board may not knowingly employ a person. Provides that no one may be certified to teach or supervise in the public schools who has been convicted of certain offenses (instead of providing that in determining good character, any felony conviction of an applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration). In provisions concerning suspension or revocation of a certificate, provides that the State Superintendent of Education has the exclusive authority to initiate the suspension of up to 5 calendar years or revocation of any certificate (instead of providing that a certificate may be suspended for a period not to exceed one calendar year by the regional superintendent of schools or for a period not to exceed 5 calendar years by the State Superintendent). With respect to certificate suspension and revocation, makes changes concerning an investigation, notice, a hearing, an appeal, and the offenses that are grounds for suspension and revocation. Makes other changes.

Senate Committee Amendment No. 1
Adds reference to:
105 ILCS 5/3-11from Ch. 122, par. 3-11
105 ILCS 5/10-22.39from Ch. 122, par. 10-22.39

Deletes everything after the enacting clause. Reinserts the contents of the bill, but makes changes concerning the notification a State's Attorney must provide; the prohibition against a school board employing a person who has been convicted of a specified offense; a superintendent providing notification with respect to a certificate holder and an abused or neglected child; the determination of good character with respect to certification; suspension or revocation of a certificate, including abuse or neglect of a child, a hearing, judicial review, cooperating in an investigation of alleged misconduct, confidentiality and non-disclosure of information, and the attendance of witnesses and the production of books and papers; the definition of a "narcotics offense"; and removing a reference to a regional superintendent of schools suspending a certificate. Further amends the School Code to require that teachers' institutes include teacher training committed to educator ethics and teacher-student conduct and to require a school board, at least once every 2 years, to conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel.

Senate Floor Amendment No. 2
In the Section of the Counties Code concerning the powers and duties of a State's attorney, changes a reference from "the superintendent of the employing school district" to "the superintendent of the employing school board". With respect to the criminal history records check provisions of the School Code, makes changes concerning an exception to the confidentiality and non-disclosure requirement and a superintendent's immunity from liability. In the Section of the School Code concerning suspension or revocation of a certificate, (i) provides that the State Superintendent of Education is under no obligation to initiate an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination as required under the Abused and Neglected Child Reporting Act; (ii) provides that the standard of proof for any administrative hearing held pursuant to the Section shall be by the preponderance of the evidence; (iii) provides that failure of a certificate holder to comply with a duly-issued, investigatory subpoena may be (instead of is) grounds for revocation, suspension, or denial of a certificate; and (iv) makes changes concerning an exception to the confidentiality and non-disclosure requirement. In the Section of the School Code concerning conviction of certain offenses as grounds for revocation of a certificate, restores current law with respect to the offense of public indecency being defined as a sex offense.

House Amendment No. 1
Removes amendatory language that refers to rules adopted by the State Board of Education. Provides that there is no rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested rules into law, or take other appropriate action in the General Assembly's discretion.

Actions 
DateChamber Action
  2/14/2008SenateFiled with Secretary by Sen. William R. Haine
  2/14/2008SenateFirst Reading
  2/14/2008SenateReferred to Rules
  2/20/2008SenateAssigned to Education
  2/28/2008SenateHeld in Education
  3/5/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine
  3/5/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  3/5/2008SenateSenate Committee Amendment No. 1 Rules Refers to Education
  3/6/2008SenateSenate Committee Amendment No. 1 Held in Education
  3/6/2008SenateHeld in Education
  3/6/2008SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/12/2008SenateSenate Committee Amendment No. 1 Adopted
  3/13/2008SenateDo Pass as Amended Education; 009-000-000
  3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008
  4/10/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine
  4/10/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 2 Rules Refers to Education
  4/16/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Education; 011-000-000
  4/16/2008SenateSecond Reading
  4/16/2008SenateSenate Floor Amendment No. 2 Adopted; Haine
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading April 17, 2008
  4/17/2008SenateAdded as Co-Sponsor Sen. Edward D. Maloney
  4/17/2008SenateThird Reading - Passed; 051-001-000
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Roger L. Eddy
  4/24/2008HouseFirst Reading
  4/24/2008HouseReferred to Rules Committee
  5/6/2008HouseAssigned to Elementary & Secondary Education Committee
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/12/2008HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/13/2008HouseAdded Alternate Chief Co-Sponsor Rep. Dan Brady
  5/13/2008HouseAdded Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson
  5/13/2008HouseAlternate Co-Sponsor Removed Rep. Naomi D. Jakobsson
  5/13/2008HouseAdded Alternate Chief Co-Sponsor Rep. Elizabeth Coulson
  5/13/2008HouseAdded Alternate Chief Co-Sponsor Rep. Jerry L. Mitchell
  5/14/2008HouseHouse Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee
  5/14/2008HouseHouse Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
  5/14/2008HouseDo Pass as Amended / Short Debate Elementary & Secondary Education Committee; 016-000-002
  5/14/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/14/2008HouseSecond Reading - Short Debate
  5/14/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Patrick J Verschoore
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Thomas Holbrook
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Daniel V. Beiser
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Dan Reitz
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Brandon W. Phelps
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Donald L. Moffitt
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Sidney H. Mathias
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Jack D. Franks
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Mike Fortner
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Sandy Cole
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Raymond Poe
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Rich Brauer
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Rosemary Mulligan
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Chapin Rose
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Robert W. Pritchard
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Ronald A. Wait
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Sandra M. Pihos
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Renée Kosel
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Carolyn H. Krause
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Dennis M. Reboletti
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Franco Coladipietro
  5/19/2008HouseAdded Alternate Co-Sponsor Rep. Harry R. Ramey, Jr.
  5/19/2008HouseThird Reading - Short Debate - Passed 093-004-000
  5/20/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/20/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 21, 2008
  5/22/2008SenateHouse Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. William R. Haine
  5/28/2008SenateSenate Non-Concurs 01
  5/29/2008HousePlaced on Calendar Order of Non-Concurrence House Amendment(s) 1
  7/1/2008HouseRule 19(b) / Re-referred to Rules Committee
  1/13/2009SenateSession Sine Die

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