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Full Text of HB5923  100th General Assembly

HB5923 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5923

 

Introduced , by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-23.12  from Ch. 122, par. 10-23.12
105 ILCS 5/21B-75
105 ILCS 5/34-18.6  from Ch. 122, par. 34-18.6

    Amends the School Code. Provides that the State Superintendent of Education has the authority to initiate a suspension of or revoke the license of any educator licensed under the Educator Licensure Article of the Code if he or she negligently fails to report an instance of suspected child abuse or neglect. Provides that, except for an educator licensed under the Educator Licensure Article of the Code, if a school board determines that any school district employee has willfully or negligently failed to report an instance of suspected child abuse or neglect, as required by the Abused and Neglected Child Reporting Act, then the school board may dismiss that employee immediately upon that determination. Effective immediately.


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A BILL FOR

 

HB5923LRB100 22460 AXK 41351 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
510-23.12, 21B-75, and 34-18.6 as follows:
 
6    (105 ILCS 5/10-23.12)  (from Ch. 122, par. 10-23.12)
7    Sec. 10-23.12. Child abuse and neglect; detection,
8reporting, and prevention; willful or negligent failure to
9report.
10    (a) To provide staff development for local school site
11personnel who work with pupils in grades kindergarten through 8
12in the detection, reporting, and prevention of child abuse and
13neglect.
14    (b) The Department of Children and Family Services may, in
15cooperation with school officials, distribute appropriate
16materials in school buildings listing the toll-free telephone
17number established in Section 7.6 of the Abused and Neglected
18Child Reporting Act, including methods of making a report under
19Section 7 of the Abused and Neglected Child Reporting Act, to
20be displayed in a clearly visible location in each school
21building.
22    (c) Except for an employee licensed under Article 21B of
23this Code, if a school board determines that any school

 

 

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1district employee has willfully or negligently failed to report
2an instance of suspected child abuse or neglect, as required by
3the Abused and Neglected Child Reporting Act, then the school
4board may dismiss that employee immediately upon that
5determination. For purposes of this subsection (c), negligent
6failure to report an instance of suspected child abuse or
7neglect occurs when a school district employee personally
8observes or learns of an instance of suspected child abuse or
9neglect and reasonably believes, in his or her professional or
10official capacity, that the instance constitutes an act of
11child abuse or neglect under the Abused and Neglected Child
12Reporting Act, and he or she, without willful intent, fails to
13immediately report or cause a report to be made of the
14suspected abuse or neglect to the Department of Children and
15Family Services, as required by the Abused and Neglected Child
16Reporting Act.
17(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
 
18    (105 ILCS 5/21B-75)
19    Sec. 21B-75. Suspension or revocation of license.
20    (a) As used in this Section, "teacher" means any school
21district employee regularly required to be licensed, as
22provided in this Article, in order to teach or supervise in the
23public schools.
24    (b) The State Superintendent of Education has the exclusive
25authority, in accordance with this Section and any rules

 

 

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1adopted by the State Board of Education, in consultation with
2the State Educator Preparation and Licensure Board, to initiate
3the suspension of up to 5 calendar years or revocation of any
4license issued pursuant to this Article for abuse or neglect of
5a child, immorality, a condition of health detrimental to the
6welfare of pupils, incompetency, unprofessional conduct (which
7includes the failure to disclose on an employment application
8any previous conviction for a sex offense, as defined in
9Section 21B-80 of this Code, or any other offense committed in
10any other state or against the laws of the United States that,
11if committed in this State, would be punishable as a sex
12offense, as defined in Section 21B-80 of this Code), the
13neglect of any professional duty, willful or negligent failure
14to report an instance of suspected child abuse or neglect as
15required by the Abused and Neglected Child Reporting Act,
16failure to establish satisfactory repayment on an educational
17loan guaranteed by the Illinois Student Assistance Commission,
18or other just cause. Negligent failure to report an instance of
19suspected child abuse or neglect occurs when a teacher
20personally observes or learns of an instance of suspected child
21abuse or neglect and reasonably believes, in his or her
22professional or official capacity, that the instance
23constitutes an act of child abuse or neglect under the Abused
24and Neglected Child Reporting Act, and he or she, without
25willful intent, fails to immediately report or cause a report
26to be made of the suspected abuse or neglect to the Department

 

 

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1of Children and Family Services, as required by the Abused and
2Neglected Child Reporting Act. Unprofessional conduct shall
3include the refusal to attend or participate in institutes,
4teachers' meetings, or professional readings or to meet other
5reasonable requirements of the regional superintendent of
6schools or State Superintendent of Education. Unprofessional
7conduct also includes conduct that violates the standards,
8ethics, or rules applicable to the security, administration,
9monitoring, or scoring of or the reporting of scores from any
10assessment test or examination administered under Section
112-3.64a-5 of this Code or that is known or intended to produce
12or report manipulated or artificial, rather than actual,
13assessment or achievement results or gains from the
14administration of those tests or examinations. Unprofessional
15conduct shall also include neglect or unnecessary delay in the
16making of statistical and other reports required by school
17officers. Incompetency shall include, without limitation, 2 or
18more school terms of service for which the license holder has
19received an unsatisfactory rating on a performance evaluation
20conducted pursuant to Article 24A of this Code within a period
21of 7 school terms of service. In determining whether to
22initiate action against one or more licenses based on
23incompetency and the recommended sanction for such action, the
24State Superintendent shall consider factors that include
25without limitation all of the following:
26        (1) Whether the unsatisfactory evaluation ratings

 

 

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1    occurred prior to June 13, 2011 (the effective date of
2    Public Act 97-8).
3        (2) Whether the unsatisfactory evaluation ratings
4    occurred prior to or after the implementation date, as
5    defined in Section 24A-2.5 of this Code, of an evaluation
6    system for teachers in a school district.
7        (3) Whether the evaluator or evaluators who performed
8    an unsatisfactory evaluation met the pre-licensure and
9    training requirements set forth in Section 24A-3 of this
10    Code.
11        (4) The time between the unsatisfactory evaluation
12    ratings.
13        (5) The quality of the remediation plans associated
14    with the unsatisfactory evaluation ratings and whether the
15    license holder successfully completed the remediation
16    plans.
17        (6) Whether the unsatisfactory evaluation ratings were
18    related to the same or different assignments performed by
19    the license holder.
20        (7) Whether one or more of the unsatisfactory
21    evaluation ratings occurred in the first year of a teaching
22    or administrative assignment.
23When initiating an action against one or more licenses, the
24State Superintendent may seek required professional
25development as a sanction in lieu of or in addition to
26suspension or revocation. Any such required professional

 

 

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1development must be at the expense of the license holder, who
2may use, if available and applicable to the requirements
3established by administrative or court order, training,
4coursework, or other professional development funds in
5accordance with the terms of an applicable collective
6bargaining agreement entered into after June 13, 2011 (the
7effective date of Public Act 97-8), unless that agreement
8specifically precludes use of funds for such purpose.
9    (c) The State Superintendent of Education shall, upon
10receipt of evidence of abuse or neglect of a child, immorality,
11a condition of health detrimental to the welfare of pupils,
12incompetency (subject to subsection (b) of this Section),
13unprofessional conduct, the neglect of any professional duty,
14or other just cause, further investigate and, if and as
15appropriate, serve written notice to the individual and afford
16the individual opportunity for a hearing prior to suspension,
17revocation, or other sanction; provided that the State
18Superintendent is under no obligation to initiate such an
19investigation if the Department of Children and Family Services
20is investigating the same or substantially similar allegations
21and its child protective service unit has not made its
22determination, as required under Section 7.12 of the Abused and
23Neglected Child Reporting Act. If the State Superintendent of
24Education does not receive from an individual a request for a
25hearing within 10 days after the individual receives notice,
26the suspension, revocation, or other sanction shall

 

 

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1immediately take effect in accordance with the notice. If a
2hearing is requested within 10 days after notice of an
3opportunity for hearing, it shall act as a stay of proceedings
4until the State Educator Preparation and Licensure Board issues
5a decision. Any hearing shall take place in the educational
6service region where the educator is or was last employed and
7in accordance with rules adopted by the State Board of
8Education, in consultation with the State Educator Preparation
9and Licensure Board, and such rules shall include without
10limitation provisions for discovery and the sharing of
11information between parties prior to the hearing. The standard
12of proof for any administrative hearing held pursuant to this
13Section shall be by the preponderance of the evidence. The
14decision of the State Educator Preparation and Licensure Board
15is a final administrative decision and is subject to judicial
16review by appeal of either party.
17    The State Board of Education may refuse to issue or may
18suspend the license of any person who fails to file a return or
19to pay the tax, penalty, or interest shown in a filed return or
20to pay any final assessment of tax, penalty, or interest, as
21required by any tax Act administered by the Department of
22Revenue, until such time as the requirements of any such tax
23Act are satisfied.
24    The exclusive authority of the State Superintendent of
25Education to initiate suspension or revocation of a license
26pursuant to this Section does not preclude a regional

 

 

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1superintendent of schools from cooperating with the State
2Superintendent or a State's Attorney with respect to an
3investigation of alleged misconduct.
4    (d) The State Superintendent of Education or his or her
5designee may initiate and conduct such investigations as may be
6reasonably necessary to establish the existence of any alleged
7misconduct. At any stage of the investigation, the State
8Superintendent may issue a subpoena requiring the attendance
9and testimony of a witness, including the license holder, and
10the production of any evidence, including files, records,
11correspondence, or documents, relating to any matter in
12question in the investigation. The subpoena shall require a
13witness to appear at the State Board of Education at a
14specified date and time and shall specify any evidence to be
15produced. The license holder is not entitled to be present, but
16the State Superintendent shall provide the license holder with
17a copy of any recorded testimony prior to a hearing under this
18Section. Such recorded testimony must not be used as evidence
19at a hearing, unless the license holder has adequate notice of
20the testimony and the opportunity to cross-examine the witness.
21Failure of a license holder to comply with a duly issued,
22investigatory subpoena may be grounds for revocation,
23suspension, or denial of a license.
24    (e) All correspondence, documentation, and other
25information so received by the regional superintendent of
26schools, the State Superintendent of Education, the State Board

 

 

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1of Education, or the State Educator Preparation and Licensure
2Board under this Section is confidential and must not be
3disclosed to third parties, except (i) as necessary for the
4State Superintendent of Education or his or her designee to
5investigate and prosecute pursuant to this Article, (ii)
6pursuant to a court order, (iii) for disclosure to the license
7holder or his or her representative, or (iv) as otherwise
8required in this Article and provided that any such information
9admitted into evidence in a hearing is exempt from this
10confidentiality and non-disclosure requirement.
11    (f) The State Superintendent of Education or a person
12designated by him or her shall have the power to administer
13oaths to witnesses at any hearing conducted before the State
14Educator Preparation and Licensure Board pursuant to this
15Section. The State Superintendent of Education or a person
16designated by him or her is authorized to subpoena and bring
17before the State Educator Preparation and Licensure Board any
18person in this State and to take testimony either orally or by
19deposition or by exhibit, with the same fees and mileage and in
20the same manner as prescribed by law in judicial proceedings in
21civil cases in circuit courts of this State.
22    (g) Any circuit court, upon the application of the State
23Superintendent of Education or the license holder, may, by
24order duly entered, require the attendance of witnesses and the
25production of relevant books and papers as part of any
26investigation or at any hearing the State Educator Preparation

 

 

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1and Licensure Board is authorized to conduct pursuant to this
2Section, and the court may compel obedience to its orders by
3proceedings for contempt.
4    (h) The State Board of Education shall receive an annual
5line item appropriation to cover fees associated with the
6investigation and prosecution of alleged educator misconduct
7and hearings related thereto.
8(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
96-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
 
10    (105 ILCS 5/34-18.6)  (from Ch. 122, par. 34-18.6)
11    Sec. 34-18.6. Child abuse and neglect; detection,
12reporting, and prevention; willful or negligent failure to
13report.
14    (a) The Board of Education may provide staff development
15for local school site personnel who work with pupils in grades
16kindergarten through 8 in the detection, reporting, and
17prevention of child abuse and neglect.
18    (b) The Department of Children and Family Services may, in
19cooperation with school officials, distribute appropriate
20materials in school buildings listing the toll-free telephone
21number established in Section 7.6 of the Abused and Neglected
22Child Reporting Act, including methods of making a report under
23Section 7 of the Abused and Neglected Child Reporting Act, to
24be displayed in a clearly visible location in each school
25building.

 

 

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1    (c) Except for an employee licensed under Article 21B of
2this Code, if the board determines that any school district
3employee has willfully or negligently failed to report an
4instance of suspected child abuse or neglect, as required by
5the Abused and Neglected Child Reporting Act, then the board
6may dismiss that employee immediately upon that determination.
7For purposes of this subsection (c), negligent failure to
8report an instance of suspected child abuse or neglect occurs
9when a school district employee personally observes or learns
10of an instance of suspected child abuse or neglect and
11reasonably believes, in his or her professional or official
12capacity, that the instance constitutes an act of child abuse
13or neglect under the Abused and Neglected Child Reporting Act,
14and he or she, without willful intent, fails to immediately
15report or cause a report to be made of the suspected abuse or
16neglect to the Department of Children and Family Services, as
17required by the Abused and Neglected Child Reporting Act.
18(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.