98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2978

 

Introduced , by Rep. Camille Y. Lilly

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Makes changes in Sections concerning criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database. With respect to employees of person or firms holding contracts with more than one school district, adds a reference to the Statewide Child Murderer and Violent Offender Against Youth Database. Removes provisions concerning fingerprint-based criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database for student teachers in the public schools. Provides instead that, beginning on January 1, 2014, the provisions of these Sections shall apply to all student teachers assigned to public schools or nonpublic schools recognized by the State Board of Education. Provides that student teachers must undergo a Department of State Police and Federal Bureau of Investigation fingerprint-based criminal history records check, with authorization to conduct the criminal history records check furnished by the student teacher to the school to which the student teacher is assigned. Provides that the Department of State Police and the Federal Bureau of Investigation shall furnish records of convictions, until expunged, to the president of the school board for the school district that requested the check or the chief administrative officer of the nonpublic school that requested the check. Provides that the student teacher shall be required to pay all fees associated with conducting the criminal history records check. Provides that results of the check must also be furnished to the higher education institution where the student teacher is enrolled. Provides that no one may begin student teaching until results have been returned.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2978LRB098 09278 NHT 39418 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 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 history records checks and checks of
8the Statewide Sex Offender Database and Statewide Murderer and
9Violent 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

 

 

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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

 

 

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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 Murderer and Violent
21Offender Against Youth Database, as authorized by the Murderer
22and Violent Offender Against Youth Community Notification Law,
23for 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

 

 

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

 

 

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

 

 

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1any confidential information concerning any criminal
2convictions of an applicant for employment shall be guilty of a
3Class A misdemeanor, unless the release of such information is
4authorized by this Section.
5    (c) No school board shall knowingly employ a person who has
6been convicted of any offense that would subject him or her to
7license suspension or revocation pursuant to Section 21B-80 of
8this Code. Further, no school board shall knowingly employ a
9person who has been found to be the perpetrator of sexual or
10physical abuse of any minor under 18 years of age pursuant to
11proceedings under Article II of the Juvenile Court Act of 1987.
12    (d) No school board shall knowingly employ a person for
13whom a criminal history records check and a Statewide Sex
14Offender Database check has not been initiated.
15    (e) Upon receipt of the record of a conviction of or a
16finding of child abuse by a holder of any certificate issued
17pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
18Code, the State Superintendent of Education may initiate
19certificate suspension and revocation proceedings as
20authorized by law.
21    (e-5) The superintendent of the employing school board
22shall, in writing, notify the State Superintendent of Education
23and the applicable regional superintendent of schools of any
24certificate holder whom he or she has reasonable cause to
25believe has committed an intentional act of abuse or neglect
26with the result of making a child an abused child or a

 

 

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

 

 

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1contracts with any school district including, but not limited
2to, food service workers, school bus drivers and other
3transportation employees, who have direct, daily contact with
4the pupils of any school in such district. For purposes of
5criminal history records checks and checks of the Statewide Sex
6Offender Database on employees of persons or firms holding
7contracts with more than one school district and assigned to
8more than one school district, the regional superintendent of
9the educational service region in which the contracting school
10districts are located may, at the request of any such school
11district, be responsible for receiving the authorization for a
12criminal history records check prepared by each such employee
13and submitting the same to the Department of State Police and
14for conducting a check of the Statewide Sex Offender Database
15and the Statewide Child Murderer and Violent Offender Against
16Youth Database for each employee. Any information concerning
17the record of conviction and identification as a sex offender
18of any such employee obtained by the regional superintendent
19shall be promptly reported to the president of the appropriate
20school board or school boards.
21    (g) Beginning on January 1, 2014, the provisions of this
22Section shall apply to all student teachers, as defined by
23State Board of Education rule, assigned to public schools or
24nonpublic schools recognized by the State Board pursuant to
25Section 2-3.25o of this Code. Student teachers must undergo a
26Department of State Police and Federal Bureau of Investigation

 

 

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1fingerprint-based criminal history records check.
2Authorization to conduct the criminal history records check
3must be furnished by the student teacher to the school to which
4the student teacher is assigned. The Department of State Police
5and the Federal Bureau of Investigation shall furnish, pursuant
6to a fingerprint-based criminal history records check, records
7of convictions, until expunged, to the president of the school
8board for the school district that requested the check or the
9chief administrative officer of the nonpublic school that
10requested the check. The Department of State Police shall
11charge a fee for conducting the check, which fee must be
12deposited into the State Police Services Fund and must not
13exceed the cost of the inquiry. The student teacher shall be
14required to pay all fees associated with conducting the
15criminal history records check, as well as any other
16application fees as established by rule including, but not
17limited to, the fee established by the Department of State
18Police and the Federal Bureau of Investigation to process
19fingerprint-based criminal history records checks. Results of
20the check must also be furnished by the school district or
21nonpublic school to the higher education institution where the
22student teacher is enrolled. No one may begin student teaching
23until the results of the criminal history records check have
24been returned to the school district or nonpublic school. In
25order to student teach in the public schools, a person is
26required to authorize a fingerprint-based criminal history

 

 

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1records check and checks of the Statewide Sex Offender Database
2and Statewide Murderer and Violent Offender Against Youth
3Database prior to participating in any field experiences in the
4public schools. Authorization for and payment of the costs of
5the checks must be furnished by the student teacher. Results of
6the checks must be furnished to the higher education
7institution where the student teacher is enrolled and the
8superintendent of the school district where the student is
9assigned.
10    (h) Upon request of a school, school district, community
11college district, or private school, any information obtained
12by a school district pursuant to subsection (f) of this Section
13within the last year must be made available to that school,
14school district, community college district, or private
15school.
16(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
1796-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
1897-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
 
19    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
20    Sec. 34-18.5. Criminal history records checks and checks of
21the Statewide Sex Offender Database and Statewide Murderer and
22Violent Offender Against Youth Database.
23    (a) Certified and noncertified applicants for employment
24with the school district are required as a condition of
25employment to authorize a fingerprint-based criminal history

 

 

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1records check to determine if such applicants have been
2convicted of any of the enumerated criminal or drug offenses in
3subsection (c) of this Section or have been convicted, within 7
4years of the application for employment with the school
5district, of any other felony under the laws of this State or
6of any offense committed or attempted in any other state or
7against the laws of the United States that, if committed or
8attempted in this State, would have been punishable as a felony
9under the laws of this State. Authorization for the check shall
10be furnished by the applicant to the school district, except
11that if the applicant is a substitute teacher seeking
12employment in more than one school district, or a teacher
13seeking concurrent part-time employment positions with more
14than one school district (as a reading specialist, special
15education teacher or otherwise), or an educational support
16personnel employee seeking employment positions with more than
17one district, any such district may require the applicant to
18furnish authorization for the check to the regional
19superintendent of the educational service region in which are
20located the school districts in which the applicant is seeking
21employment as a substitute or concurrent part-time teacher or
22concurrent educational support personnel employee. Upon
23receipt of this authorization, the school district or the
24appropriate regional superintendent, as the case may be, shall
25submit the applicant's name, sex, race, date of birth, social
26security number, fingerprint images, and other identifiers, as

 

 

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1prescribed by the Department of State Police, to the
2Department. The regional superintendent submitting the
3requisite information to the Department of State Police shall
4promptly notify the school districts in which the applicant is
5seeking employment as a substitute or concurrent part-time
6teacher or concurrent educational support personnel employee
7that the check of the applicant has been requested. The
8Department of State Police and the Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions, until
11expunged, to the president of the school board for the school
12district that requested the check, or to the regional
13superintendent who requested the check. The Department shall
14charge the school district or the appropriate regional
15superintendent a fee for conducting such check, which fee shall
16be deposited in the State Police Services Fund and shall not
17exceed the cost of the inquiry; and the applicant shall not be
18charged a fee for such check by the school district or by the
19regional superintendent. Subject to appropriations for these
20purposes, the State Superintendent of Education shall
21reimburse the school district and regional superintendent for
22fees paid to obtain criminal history records checks under this
23Section.
24    (a-5) The school district or regional superintendent shall
25further perform a check of the Statewide Sex Offender Database,
26as authorized by the Sex Offender Community Notification Law,

 

 

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1for each applicant.
2    (a-6) The school district or regional superintendent shall
3further perform a check of the Statewide Murderer and Violent
4Offender Against Youth Database, as authorized by the Murderer
5and Violent Offender Against Youth Community Notification Law,
6for each applicant.
7    (b) Any information concerning the record of convictions
8obtained by the president of the board of education or the
9regional superintendent shall be confidential and may only be
10transmitted to the general superintendent of the school
11district or his designee, the appropriate regional
12superintendent if the check was requested by the board of
13education for the school district, the presidents of the
14appropriate board of education or school boards if the check
15was requested from the Department of State Police by the
16regional superintendent, the State Superintendent of
17Education, the State Teacher Certification Board or any other
18person necessary to the decision of hiring the applicant for
19employment. A copy of the record of convictions obtained from
20the Department of State Police shall be provided to the
21applicant for employment. Upon the check of the Statewide Sex
22Offender Database, the school district or regional
23superintendent shall notify an applicant as to whether or not
24the applicant has been identified in the Database as a sex
25offender. If a check of an applicant for employment as a
26substitute or concurrent part-time teacher or concurrent

 

 

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1educational support personnel employee in more than one school
2district was requested by the regional superintendent, and the
3Department of State Police upon a check ascertains that the
4applicant has not been convicted of any of the enumerated
5criminal or drug offenses in subsection (c) or has not been
6convicted, within 7 years of the application for employment
7with the school district, of any other felony under the laws of
8this State or of any offense committed or attempted in any
9other state or against the laws of the United States that, if
10committed or attempted in this State, would have been
11punishable as a felony under the laws of this State and so
12notifies the regional superintendent and if the regional
13superintendent upon a check ascertains that the applicant has
14not been identified in the Sex Offender Database as a sex
15offender, then the regional superintendent shall issue to the
16applicant a certificate evidencing that as of the date
17specified by the Department of State Police the applicant has
18not been convicted of any of the enumerated criminal or drug
19offenses in subsection (c) or has not been convicted, within 7
20years of the application for employment with the school
21district, of any other felony under the laws of this State or
22of any offense committed or attempted in any other state or
23against the laws of the United States that, if committed or
24attempted in this State, would have been punishable as a felony
25under the laws of this State and evidencing that as of the date
26that the regional superintendent conducted a check of the

 

 

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1Statewide Sex Offender Database, the applicant has not been
2identified in the Database as a sex offender. The school board
3of any school district may rely on the certificate issued by
4any regional superintendent to that substitute teacher,
5concurrent part-time teacher, or concurrent educational
6support personnel employee or may initiate its own criminal
7history records check of the applicant through the Department
8of State Police and its own check of the Statewide Sex Offender
9Database as provided in subsection (a). Any person who releases
10any confidential information concerning any criminal
11convictions of an applicant for employment shall be guilty of a
12Class A misdemeanor, unless the release of such information is
13authorized by this Section.
14    (c) The board of education shall not knowingly employ a
15person who has been convicted of any offense that would subject
16him or her to license suspension or revocation pursuant to
17Section 21B-80 of this Code. Further, the board of education
18shall not knowingly employ a person who has been found to be
19the perpetrator of sexual or physical abuse of any minor under
2018 years of age pursuant to proceedings under Article II of the
21Juvenile Court Act of 1987.
22    (d) The board of education shall not knowingly employ a
23person for whom a criminal history records check and a
24Statewide Sex Offender Database check has not been initiated.
25    (e) Upon receipt of the record of a conviction of or a
26finding of child abuse by a holder of any certificate issued

 

 

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1pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
2Code, the State Superintendent of Education may initiate
3certificate suspension and revocation proceedings as
4authorized by law.
5    (e-5) The general superintendent of schools shall, in
6writing, notify the State Superintendent of Education of any
7certificate holder whom he or she has reasonable cause to
8believe has committed an intentional act of abuse or neglect
9with the result of making a child an abused child or a
10neglected child, as defined in Section 3 of the Abused and
11Neglected Child Reporting Act, and that act resulted in the
12certificate holder's dismissal or resignation from the school
13district. This notification must be submitted within 30 days
14after the dismissal or resignation. The certificate holder must
15also be contemporaneously sent a copy of the notice by the
16superintendent. All correspondence, documentation, and other
17information so received by the State Superintendent of
18Education, the State Board of Education, or the State Teacher
19Certification Board under this subsection (e-5) is
20confidential and must not be disclosed to third parties, except
21(i) as necessary for the State Superintendent of Education or
22his or her designee to investigate and prosecute pursuant to
23Article 21 of this Code, (ii) pursuant to a court order, (iii)
24for disclosure to the certificate holder or his or her
25representative, or (iv) as otherwise provided in this Article
26and provided that any such information admitted into evidence

 

 

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1in a hearing is exempt from this confidentiality and
2non-disclosure requirement. Except for an act of willful or
3wanton misconduct, any superintendent who provides
4notification as required in this subsection (e-5) shall have
5immunity from any liability, whether civil or criminal or that
6otherwise might result by reason of such action.
7    (f) After March 19, 1990, the provisions of this Section
8shall apply to all employees of persons or firms holding
9contracts with any school district including, but not limited
10to, food service workers, school bus drivers and other
11transportation employees, who have direct, daily contact with
12the pupils of any school in such district. For purposes of
13criminal history records checks and checks of the Statewide Sex
14Offender Database on employees of persons or firms holding
15contracts with more than one school district and assigned to
16more than one school district, the regional superintendent of
17the educational service region in which the contracting school
18districts are located may, at the request of any such school
19district, be responsible for receiving the authorization for a
20criminal history records check prepared by each such employee
21and submitting the same to the Department of State Police and
22for conducting a check of the Statewide Sex Offender Database
23and the Statewide Child Murderer and Violent Offender Against
24Youth Database for each employee. Any information concerning
25the record of conviction and identification as a sex offender
26of any such employee obtained by the regional superintendent

 

 

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1shall be promptly reported to the president of the appropriate
2school board or school boards.
3    (g) Beginning on January 1, 2014, the provisions of this
4Section shall apply to all student teachers, as defined by
5State Board of Education rule, assigned to public schools.
6Student teachers must undergo a Department of State Police and
7Federal Bureau of Investigation fingerprint-based criminal
8history records check. Authorization to conduct the criminal
9history records check must be furnished by the student teacher
10to the school to which the student teacher is assigned. The
11Department of State Police and the Federal Bureau of
12Investigation shall furnish, pursuant to a fingerprint-based
13criminal history records check, records of convictions, until
14expunged, to the president of the Chicago Board of Education.
15The Department of State Police shall charge a fee for
16conducting the check, which fee must be deposited into the
17State Police Services Fund and must not exceed the cost of the
18inquiry. The student teacher shall be required to pay all fees
19associated with conducting the criminal history records check,
20as well as any other application fees as established by rule
21including, but not limited to, the fee established by the
22Department of State Police and the Federal Bureau of
23Investigation to process fingerprint-based criminal history
24records checks. Results of the check must also be furnished by
25the school district to the higher education institution where
26the student teacher is enrolled. No one may begin student

 

 

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1teaching until the results of the criminal history records
2check have been returned to the school district. In order to
3student teach in the public schools, a person is required to
4authorize a fingerprint-based criminal history records check
5and checks of the Statewide Sex Offender Database and Statewide
6Murderer and Violent Offender Against Youth Database prior to
7participating in any field experiences in the public schools.
8Authorization for and payment of the costs of the checks must
9be furnished by the student teacher. Results of the checks must
10be furnished to the higher education institution where the
11student teacher is enrolled and the general superintendent of
12schools.
13    (h) Upon request of a school, school district, community
14college district, or private school, any information obtained
15by the school district pursuant to subsection (f) of this
16Section within the last year must be made available to that
17school, school district, community college district, or
18private school.
19(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
2097-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
2197-813, eff. 7-13-12.)

 

 

HB2978- 20 -LRB098 09278 NHT 39418 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
4    105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5