HB5863 Re-EnrolledLRB096 18304 NHT 33679 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9 and 21-9 as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks of
8the Statewide Sex Offender Database and Statewide Child
9Murderer and Violent Offender Against Youth Database.
10    (a) Certified and noncertified applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any of the enumerated
15criminal or drug offenses in subsection (c) of this Section or
16have been convicted, within 7 years of the application for
17employment with the school district, of any other felony under
18the laws of this State or of any offense committed or attempted
19in any other state or against the laws of the United States
20that, if committed or attempted in this State, would have been
21punishable as a felony under the laws of this State.
22Authorization for the check shall be furnished by the applicant
23to the school district, except that if the applicant is a

 

 

HB5863 Re-Enrolled- 2 -LRB096 18304 NHT 33679 b

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

 

 

HB5863 Re-Enrolled- 3 -LRB096 18304 NHT 33679 b

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

 

 

HB5863 Re-Enrolled- 4 -LRB096 18304 NHT 33679 b

1transmitted to the superintendent of the school district or his
2designee, the appropriate regional superintendent if the check
3was requested by the school district, the presidents of the
4appropriate school boards if the check was requested from the
5Department of State Police by the regional superintendent, the
6State Superintendent of Education, the State Teacher
7Certification Board or any other person necessary to the
8decision of hiring the applicant for employment. A copy of the
9record of convictions obtained from the Department of State
10Police shall be provided to the applicant for employment. Upon
11the check of the Statewide Sex Offender Database, the school
12district or regional superintendent shall notify an applicant
13as to whether or not the applicant has been identified in the
14Database as a sex offender. If a check of an applicant for
15employment as a substitute or concurrent part-time teacher or
16concurrent educational support personnel employee in more than
17one school district was requested by the regional
18superintendent, and the Department of State Police upon a check
19ascertains that the applicant has not been convicted of any of
20the enumerated criminal or drug offenses in subsection (c) or
21has not been convicted, within 7 years of the application for
22employment with the school district, of any other felony under
23the laws of this State or of any offense committed or attempted
24in any other state or against the laws of the United States
25that, if committed or attempted in this State, would have been
26punishable as a felony under the laws of this State and so

 

 

HB5863 Re-Enrolled- 5 -LRB096 18304 NHT 33679 b

1notifies the regional superintendent and if the regional
2superintendent upon a check ascertains that the applicant has
3not been identified in the Sex Offender Database as a sex
4offender, then the regional superintendent shall issue to the
5applicant a certificate evidencing that as of the date
6specified by the Department of State Police the applicant has
7not been convicted of any of the enumerated criminal or drug
8offenses in subsection (c) or has not been convicted, within 7
9years of the application for employment with the school
10district, of any other felony under the laws of this State or
11of any offense committed or attempted in any other state or
12against the laws of the United States that, if committed or
13attempted in this State, would have been punishable as a felony
14under the laws of this State and evidencing that as of the date
15that the regional superintendent conducted a check of the
16Statewide Sex Offender Database, the applicant has not been
17identified in the Database as a sex offender. The school board
18of any school district may rely on the certificate issued by
19any regional superintendent to that substitute teacher,
20concurrent part-time teacher, or concurrent educational
21support personnel employee or may initiate its own criminal
22history records check of the applicant through the Department
23of State Police and its own check of the Statewide Sex Offender
24Database as provided in subsection (a). Any person who releases
25any confidential information concerning any criminal
26convictions of an applicant for employment shall be guilty of a

 

 

HB5863 Re-Enrolled- 6 -LRB096 18304 NHT 33679 b

1Class A misdemeanor, unless the release of such information is
2authorized by this Section.
3    (c) No school board shall knowingly employ a person who has
4been convicted of any offense that would subject him or her to
5certification suspension or revocation pursuant to Section
621-23a of this Code. Further, no school board shall knowingly
7employ a person who has been found to be the perpetrator of
8sexual or physical abuse of any minor under 18 years of age
9pursuant to proceedings under Article II of the Juvenile Court
10Act of 1987.
11    (d) No school board shall knowingly employ a person for
12whom a criminal history records check and a Statewide Sex
13Offender Database check has not been initiated.
14    (e) Upon receipt of the record of a conviction of or a
15finding of child abuse by a holder of any certificate issued
16pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
17Code, the State Superintendent of Education may initiate
18certificate suspension and revocation proceedings as
19authorized by law.
20    (e-5) The superintendent of the employing school board
21shall, in writing, notify the State Superintendent of Education
22and the applicable regional superintendent of schools of any
23certificate holder whom he or she has reasonable cause to
24believe has committed an intentional act of abuse or neglect
25with the result of making a child an abused child or a
26neglected child, as defined in Section 3 of the Abused and

 

 

HB5863 Re-Enrolled- 7 -LRB096 18304 NHT 33679 b

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

 

 

HB5863 Re-Enrolled- 8 -LRB096 18304 NHT 33679 b

1to, food service workers, school bus drivers and other
2transportation employees, who have direct, daily contact with
3the pupils of any school in such district. For purposes of
4criminal history records checks and checks of the Statewide Sex
5Offender Database on employees of persons or firms holding
6contracts with more than one school district and assigned to
7more than one school district, the regional superintendent of
8the educational service region in which the contracting school
9districts are located may, at the request of any such school
10district, be responsible for receiving the authorization for a
11criminal history records check prepared by each such employee
12and submitting the same to the Department of State Police and
13for conducting a check of the Statewide Sex Offender Database
14for each employee. Any information concerning the record of
15conviction and identification as a sex offender of any such
16employee obtained by the regional superintendent shall be
17promptly reported to the president of the appropriate school
18board or school boards.
19(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
 
20    (105 ILCS 5/21-9)  (from Ch. 122, par. 21-9)
21    Sec. 21-9. Substitute certificates and substitute
22teaching.
23    (a) A substitute teacher's certificate may be issued for
24teaching in all grades of the common schools. Such certificate
25may be issued upon request of the regional superintendent of

 

 

HB5863 Re-Enrolled- 9 -LRB096 18304 NHT 33679 b

1schools of any region in which the teacher is to teach. A
2substitute teacher's certificate is valid for teaching in the
3public schools of any county. Such certificate may be issued to
4persons who either (a) hold a certificate valid for teaching in
5the common schools as shown on the face of the certificate, (b)
6hold a bachelor of arts degree from an institution of higher
7learning accredited by the North Central Association or other
8comparable regional accrediting association or have been
9graduated from a recognized institution of higher learning with
10a bachelor's degree, or (c) have had 2 years of teaching
11experience and meet such other rules and regulations as may be
12adopted by the State Board of Education in consultation with
13the State Teacher Certification Board. Such certificate shall
14expire on June 30 in the fourth year from date of issue.
15Substitute teacher's certificates are not subject to
16endorsement as described in Section 21-1b of this Code.
17    (b) A teacher holding a substitute teacher's certificate
18may teach only in the place of a certified teacher who is under
19contract with the employing board and may teach only when no
20appropriate fully certified teacher is available to teach in a
21substitute capacity. A teacher holding an early childhood
22certificate, an elementary certificate, a high school
23certificate, or a special certificate may also substitute teach
24in grades K-12 but only in the place of a certified teacher who
25is under contract with the employing board. A substitute
26teacher may teach only for a period not to exceed 90 paid

 

 

HB5863 Re-Enrolled- 10 -LRB096 18304 NHT 33679 b

1school days or 450 paid school hours in any one school district
2in any one school term. However, a teacher holding an early
3childhood, elementary, high school, or special certificate may
4substitute teach for a period not to exceed 120 paid school
5days or 600 paid school hours in any one school district in any
6one school term. Where such teaching is partly on a daily and
7partly on an hourly basis, a school day shall be considered as
85 hours. The teaching limitations imposed by this subsection
9upon teachers holding substitute certificates shall not apply
10in any school district operating under Article 34.
11    (c) In order to substitute teach in the public schools, a
12person holding a valid substitute teacher's certificate or a
13person holding a valid early childhood certificate, a valid
14elementary certificate, a valid high school certificate, or a
15valid special certificate shall register as a substitute
16teacher with the regional superintendent of schools in each
17educational service region where the person will be employed. A
18person who registers as a substitute teacher with the regional
19superintendent of schools is responsible for (1) the payment of
20fees to register the certificate for its period of validity,
21(2) authorization of a criminal history records check and
22checks of the Statewide Sex Offender Database and Statewide
23Child Murderer and Violent Offender Against Youth Database, as
24provided in Section 10-21.9 of this Code, (3) payment of the
25cost of the criminal history records check and checks of the
26Statewide Sex Offender Database and Statewide Child Murderer

 

 

HB5863 Re-Enrolled- 11 -LRB096 18304 NHT 33679 b

1and Violent Offender Against Youth Database, and (4) providing
2evidence of physical fitness and freedom from communicable
3disease, including tuberculosis, which may consist of a
4physical examination and a tuberculin skin test as required by
5Section 24-5 of this Code.
6    The regional superintendent of schools shall maintain a
7file for each registered substitute teacher in the educational
8service region that includes a copy of the person's
9certificate, the results from the criminal history records
10check and checks of the Statewide Sex Offender Database and
11Statewide Child Murderer and Violent Offender Against Youth
12Database, a copy of the physical examination, and a copy of the
13tuberculin skin test. The regional superintendent of schools
14shall issue a signed and sealed certificate of authorization to
15the substitute teacher that verifies that the substitute
16teacher has completed the registration process and criminal
17history records check and checks of the Statewide Sex Offender
18Database and Statewide Child Murderer and Violent Offender
19Against Youth Database and has a physical examination and
20negative tuberculin test on file with the regional
21superintendent of schools and is thereby approved to substitute
22teach in the public schools of the educational service region.
23This certificate must be presented to all prospective employing
24school districts in the educational service region, who shall
25photocopy the certificate and keep a copy of the certificate
26with employment records for the substitute teacher.

 

 

HB5863 Re-Enrolled- 12 -LRB096 18304 NHT 33679 b

1    Persons wishing to substitute teach in more than one
2educational service region shall register as a substitute
3teacher with the appropriate regional superintendent of
4schools. The registration process shall include all items
5listed in the first paragraph of this subsection (b), with the
6exception of the authorization of a criminal history records
7check and checks of the Statewide Sex Offender Database and
8Statewide Child Murderer and Violent Offender Against Youth
9Database and the accompanying payment of associated fees. If
10the substitute teacher has been issued a signed and sealed
11certificate of authorization from another regional
12superintendent of schools, the registering entity may
13photocopy the certificate for its files and verify the
14substitute teacher's registration status.
15(Source: P.A. 92-184, eff. 7-27-01; 93-679, eff. 6-30-04.)
 
16    Section 99. Effective date. This Act takes effect on
17January 1, 2011.