Full Text of HB3451 94th General Assembly
HB3451ham001 94TH GENERAL ASSEMBLY
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Rep. Patricia R. Bellock
Filed: 4/5/2005
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09400HB3451ham001 |
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LRB094 09221 RAS 43933 a |
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| AMENDMENT TO HOUSE BILL 3451
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| AMENDMENT NO. ______. Amend House Bill 3451 by replacing | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The School Code is amended by changing Sections | 6 |
| 10-21.9, 27A-5, and 34-18.5 as follows:
| 7 |
| (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 8 |
| Sec. 10-21.9. Criminal history records checks and checks of | 9 |
| the Statewide Sex Offender Database .
| 10 |
| (a) Certified and noncertified applicants for employment | 11 |
| with a school
district, except school bus driver applicants, | 12 |
| are required as a condition
of employment to authorize a | 13 |
| fingerprint-based criminal history records check to determine | 14 |
| if such applicants have been convicted of any of
the enumerated | 15 |
| criminal or drug offenses in subsection (c) of this Section or
| 16 |
| have been convicted, within 7 years of the application for | 17 |
| employment with
the
school district, of any other felony under | 18 |
| the laws of this State or of any
offense committed or attempted | 19 |
| in any other state or against the laws of
the United States | 20 |
| that, if committed or attempted in this State, would
have been | 21 |
| punishable as a felony under the laws of this State.
| 22 |
| Authorization for
the check shall be furnished by the applicant | 23 |
| to
the school district, except that if the applicant is a | 24 |
| substitute teacher
seeking employment in more than one school |
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| district, a teacher seeking
concurrent part-time employment | 2 |
| positions with more than one school
district (as a reading | 3 |
| specialist, special education teacher or otherwise),
or an | 4 |
| educational support personnel employee seeking employment | 5 |
| positions
with more than one district, any such district may | 6 |
| require the applicant to
furnish authorization for
the check to | 7 |
| the regional superintendent
of the educational service region | 8 |
| in which are located the school districts
in which the | 9 |
| applicant is seeking employment as a substitute or concurrent
| 10 |
| part-time teacher or concurrent educational support personnel | 11 |
| employee.
Upon receipt of this authorization, the school | 12 |
| district or the appropriate
regional superintendent, as the | 13 |
| case may be, shall submit the applicant's
name, sex, race, date | 14 |
| of birth, social security number, fingerprint images, and other | 15 |
| identifiers, as prescribed by the Department
of State Police, | 16 |
| to the Department. The regional
superintendent submitting the | 17 |
| requisite information to the Department of
State Police shall | 18 |
| promptly notify the school districts in which the
applicant is | 19 |
| seeking employment as a substitute or concurrent part-time
| 20 |
| teacher or concurrent educational support personnel employee | 21 |
| that
the
check of the applicant has been requested. The | 22 |
| Department of State Police and the Federal Bureau of | 23 |
| Investigation shall furnish, pursuant to a fingerprint-based | 24 |
| criminal history records check, records of convictions, until | 25 |
| expunged, to the president of the school board for the school | 26 |
| district that requested the check, or to the regional | 27 |
| superintendent who requested the check.
The
Department shall | 28 |
| charge
the school district
or the appropriate regional | 29 |
| superintendent a fee for
conducting
such check, which fee shall | 30 |
| be deposited in the State
Police Services Fund and shall not | 31 |
| exceed the cost of
the inquiry; and the
applicant shall not be | 32 |
| charged a fee for
such check by the school
district or by the | 33 |
| regional superintendent. Subject to appropriations for these | 34 |
| purposes, the State Superintendent of Education shall |
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| reimburse school districts and regional superintendents for | 2 |
| fees paid to obtain criminal history records checks under this | 3 |
| Section.
| 4 |
| (a-5) The school district or regional superintendent shall | 5 |
| further perform a check of the Statewide Sex Offender Database, | 6 |
| as authorized by the Sex Offender and Child Murderer Community | 7 |
| Notification Law, for each applicant.
| 8 |
| (b)
Any information
concerning the record of convictions | 9 |
| obtained by the president of the
school board or the regional | 10 |
| superintendent shall be confidential and may
only be | 11 |
| transmitted to the superintendent of the school district or his
| 12 |
| designee, the appropriate regional superintendent if
the check | 13 |
| was
requested by the school district, the presidents of the | 14 |
| appropriate school
boards if
the check was requested from the | 15 |
| Department of State
Police by the regional superintendent, the | 16 |
| State Superintendent of
Education, the State Teacher | 17 |
| Certification Board or any other person
necessary to the | 18 |
| decision of hiring the applicant for employment. A copy
of the | 19 |
| record of convictions obtained from the Department of State | 20 |
| Police
shall be provided to the applicant for employment. Upon | 21 |
| the check of the Statewide Sex Offender Database, the school | 22 |
| district or regional superintendent shall notify an applicant | 23 |
| as to whether or not the applicant has been identified in the | 24 |
| Database as a sex offender. If a check of
an applicant for | 25 |
| employment as a substitute or concurrent part-time teacher
or | 26 |
| concurrent educational support personnel employee in more than | 27 |
| one
school district was requested by the regional | 28 |
| superintendent, and the
Department of State Police upon a check | 29 |
| ascertains that the applicant
has not been convicted of any of | 30 |
| the enumerated criminal or drug offenses
in subsection (c)
or | 31 |
| has not been convicted, within 7 years of the
application for
| 32 |
| employment with the
school district, of any other felony under | 33 |
| the laws of this State or of any
offense committed or attempted | 34 |
| in any other state or against the laws of
the United States |
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09400HB3451ham001 |
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| that, if committed or attempted in this State, would
have been | 2 |
| punishable as a felony under the laws of this State
and so | 3 |
| notifies the regional
superintendent and if the regional | 4 |
| superintendent upon a check ascertains that the applicant has | 5 |
| not been identified in the Sex Offender Database as a sex | 6 |
| offender , then the
regional superintendent shall issue to the | 7 |
| applicant a certificate
evidencing that as of the date | 8 |
| specified by the Department of State Police
the applicant has | 9 |
| not been convicted of any of the enumerated criminal or
drug | 10 |
| offenses in subsection (c)
or has not been
convicted, within 7 | 11 |
| years of the application for employment with the
school | 12 |
| district, of any other felony under the laws of this State or | 13 |
| of any
offense committed or attempted in any other state or | 14 |
| against the laws of
the United States that, if committed or | 15 |
| attempted in this State, would
have been punishable as a felony | 16 |
| under the laws of this State and evidencing that as of the date | 17 |
| that the regional superintendent conducted a check of the | 18 |
| Statewide Sex Offender Database, the applicant has not been | 19 |
| identified in the Database as a sex offender . The school
board | 20 |
| of
any
school district
located in the educational service | 21 |
| region served by the regional
superintendent who issues such a | 22 |
| certificate to an applicant for employment
as a substitute | 23 |
| teacher in more than one such district may rely on the
| 24 |
| certificate issued by the regional superintendent to that | 25 |
| applicant, or may
initiate its own criminal history records | 26 |
| check of the applicant through the Department of
State Police | 27 |
| and its own check of the Statewide Sex Offender Database as | 28 |
| provided in subsection (a). Any person who releases any
| 29 |
| confidential information concerning any criminal convictions | 30 |
| of an
applicant for employment shall be guilty of a Class A | 31 |
| misdemeanor, unless
the release of such information is | 32 |
| authorized by this Section.
| 33 |
| (c) No school board shall knowingly employ a person who has | 34 |
| been
convicted for committing attempted first degree murder or |
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| for committing or
attempting to commit first degree murder or a | 2 |
| Class X felony or any one or
more of the
following offenses: | 3 |
| (i) those defined in Sections 11-6, 11-9, 11-14, 11-15,
| 4 |
| 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, | 5 |
| 11-20.1,
11-21, 12-13, 12-14,
12-14.1,
12-15 and 12-16 of the | 6 |
| "Criminal Code of 1961"; (ii)
those defined in the "Cannabis | 7 |
| Control Act" except those defined in Sections
4(a), 4(b) and | 8 |
| 5(a) of that Act; (iii) those defined in the "Illinois
| 9 |
| Controlled Substances Act"; and (iv) any
offense committed or | 10 |
| attempted in
any other state or against the laws of the United | 11 |
| States, which if
committed or attempted in this State, would | 12 |
| have been punishable as one or
more of the foregoing offenses.
| 13 |
| Further, no school board shall knowingly employ a person who | 14 |
| has been found
to be the perpetrator of sexual or physical | 15 |
| abuse of any minor under 18 years
of age pursuant to | 16 |
| proceedings under Article II of the Juvenile Court Act of
1987.
| 17 |
| (d) No school board shall knowingly employ a person for | 18 |
| whom a criminal
history records check and a Statewide Sex | 19 |
| Offender Database check has not been initiated.
| 20 |
| (e) Upon receipt of the record of a conviction of or a | 21 |
| finding of child
abuse by a holder of any
certificate issued | 22 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 23 |
| Code, the appropriate regional superintendent of schools or the
| 24 |
| State Superintendent of Education shall initiate the | 25 |
| certificate suspension
and revocation proceedings authorized | 26 |
| by law.
| 27 |
| (f) After January 1, 1990 the provisions of this Section | 28 |
| shall apply
to all employees of persons or firms holding | 29 |
| contracts with any school
district including, but not limited | 30 |
| to, food service workers, school bus
drivers and other | 31 |
| transportation employees, who have direct, daily contact
with | 32 |
| the pupils of any school in such district. For purposes of | 33 |
| criminal
history records checks and checks of the Statewide Sex | 34 |
| Offender Database on employees of persons or firms holding
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| contracts with more than one school district and assigned to | 2 |
| more than one
school district, the regional superintendent of | 3 |
| the educational service
region in which the contracting school | 4 |
| districts are located may, at the
request of any such school | 5 |
| district, be responsible for receiving the
authorization for
a | 6 |
| criminal history records check prepared by each such employee | 7 |
| and
submitting the same to the Department of State Police and | 8 |
| for conducting a check of the Statewide Sex Offender Database | 9 |
| for each employee . Any information
concerning the record of | 10 |
| conviction and identification as a sex offender of any such | 11 |
| employee obtained by the
regional superintendent shall be | 12 |
| promptly reported to the president of the
appropriate school | 13 |
| board or school boards.
| 14 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
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| (105 ILCS 5/27A-5)
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| Sec. 27A-5. Charter school; legal entity; requirements.
| 17 |
| (a) A charter school shall be a public, nonsectarian, | 18 |
| nonreligious, non-home
based, and non-profit school. A charter | 19 |
| school shall be organized and operated
as a nonprofit | 20 |
| corporation or other discrete, legal, nonprofit entity
| 21 |
| authorized under the laws of the State of Illinois.
| 22 |
| (b) A charter school may be established under this Article | 23 |
| by creating a new
school or by converting an existing public | 24 |
| school or attendance center to
charter
school status.
| 25 |
| Beginning on the effective date of this amendatory Act of the | 26 |
| 93rd General
Assembly, in all new
applications submitted to the | 27 |
| State Board or a local school board to establish
a charter
| 28 |
| school in a city having a population exceeding 500,000, | 29 |
| operation of the
charter
school shall be limited to one campus. | 30 |
| The changes made to this Section by this
amendatory Act
of the | 31 |
| 93rd General
Assembly do not apply to charter schools existing | 32 |
| or approved on or before the
effective date of this
amendatory | 33 |
| Act.
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| (c) A charter school shall be administered and governed by | 2 |
| its board of
directors or other governing body
in the manner | 3 |
| provided in its charter. The governing body of a charter school
| 4 |
| shall be subject to the Freedom of Information Act and the Open | 5 |
| Meetings Act.
| 6 |
| (d) A charter school shall comply with all applicable | 7 |
| health and safety
requirements applicable to public schools | 8 |
| under the laws of the State of
Illinois.
| 9 |
| (e) Except as otherwise provided in the School Code, a | 10 |
| charter school shall
not charge tuition; provided that a | 11 |
| charter school may charge reasonable fees
for textbooks, | 12 |
| instructional materials, and student activities.
| 13 |
| (f) A charter school shall be responsible for the | 14 |
| management and operation
of its fiscal affairs including,
but | 15 |
| not limited to, the preparation of its budget. An audit of each | 16 |
| charter
school's finances shall be conducted annually by an | 17 |
| outside, independent
contractor retained by the charter | 18 |
| school.
| 19 |
| (g) A charter school shall comply with all provisions of | 20 |
| this Article and
its charter. A charter
school is exempt from | 21 |
| all other State laws and regulations in the School Code
| 22 |
| governing public
schools and local school board policies, | 23 |
| except the following:
| 24 |
| (1) Sections 10-21.9 and 34-18.5 of the School Code | 25 |
| regarding criminal
history records checks and checks of the | 26 |
| Statewide Sex Offender Database of applicants for | 27 |
| employment;
| 28 |
| (2) Sections 24-24 and 34-84A of the School Code | 29 |
| regarding discipline of
students;
| 30 |
| (3) The Local Governmental and Governmental Employees | 31 |
| Tort Immunity Act;
| 32 |
| (4) Section 108.75 of the General Not For Profit | 33 |
| Corporation Act of 1986
regarding indemnification of | 34 |
| officers, directors, employees, and agents;
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| (5) The Abused and Neglected Child Reporting Act;
| 2 |
| (6) The Illinois School Student Records Act; and
| 3 |
| (7) Section 10-17a of the School Code regarding school | 4 |
| report cards.
| 5 |
| (h) A charter school may negotiate and contract with a | 6 |
| school district, the
governing body of a State college or | 7 |
| university or public community college, or
any other public or | 8 |
| for-profit or nonprofit private entity for: (i) the use
of a | 9 |
| school building and grounds or any other real property or | 10 |
| facilities that
the charter school desires to use or convert | 11 |
| for use as a charter school site,
(ii) the operation and | 12 |
| maintenance thereof, and
(iii) the provision of any service, | 13 |
| activity, or undertaking that the charter
school is required to | 14 |
| perform in order to carry out the terms of its charter.
| 15 |
| However, a charter school
that is established on
or
after the | 16 |
| effective date of this amendatory Act of the 93rd General
| 17 |
| Assembly and that operates
in a city having a population | 18 |
| exceeding
500,000 may not contract with a for-profit entity to
| 19 |
| manage or operate the school during the period that commences | 20 |
| on the
effective date of this amendatory Act of the 93rd | 21 |
| General Assembly and
concludes at the end of the 2004-2005 | 22 |
| school year.
Except as provided in subsection (i) of this | 23 |
| Section, a school district may
charge a charter school | 24 |
| reasonable rent for the use of the district's
buildings, | 25 |
| grounds, and facilities. Any services for which a charter | 26 |
| school
contracts
with a school district shall be provided by | 27 |
| the district at cost. Any services
for which a charter school | 28 |
| contracts with a local school board or with the
governing body | 29 |
| of a State college or university or public community college
| 30 |
| shall be provided by the public entity at cost.
| 31 |
| (i) In no event shall a charter school that is established | 32 |
| by converting an
existing school or attendance center to | 33 |
| charter school status be required to
pay rent for space
that is | 34 |
| deemed available, as negotiated and provided in the charter |
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| agreement,
in school district
facilities. However, all other | 2 |
| costs for the operation and maintenance of
school district | 3 |
| facilities that are used by the charter school shall be subject
| 4 |
| to negotiation between
the charter school and the local school | 5 |
| board and shall be set forth in the
charter.
| 6 |
| (j) A charter school may limit student enrollment by age or | 7 |
| grade level.
| 8 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04.)
| 9 |
| (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
| 10 |
| Sec. 34-18.5. Criminal history records checks and checks of | 11 |
| the Statewide Sex Offender Database .
| 12 |
| (a) Certified and noncertified applicants for
employment | 13 |
| with the school district are required as a condition of
| 14 |
| employment to authorize a fingerprint-based criminal history | 15 |
| records check to determine if such applicants
have been | 16 |
| convicted of any of the enumerated criminal or drug offenses in
| 17 |
| subsection (c) of this Section or have been
convicted, within 7 | 18 |
| years of the application for employment with the
school | 19 |
| district, of any other felony under the laws of this State or | 20 |
| of any
offense committed or attempted in any other state or | 21 |
| against the laws of
the United States that, if committed or | 22 |
| attempted in this State, would
have been punishable as a felony | 23 |
| under the laws of this State. Authorization
for
the
check shall
| 24 |
| be furnished by the applicant to the school district, except | 25 |
| that if the
applicant is a substitute teacher seeking | 26 |
| employment in more than one
school district, or a teacher | 27 |
| seeking concurrent part-time employment
positions with more | 28 |
| than one school district (as a reading specialist,
special | 29 |
| education teacher or otherwise), or an educational support
| 30 |
| personnel employee seeking employment positions with more than | 31 |
| one
district, any such district may require the applicant to | 32 |
| furnish
authorization for
the check to the regional | 33 |
| superintendent of the
educational service region in which are |
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| located the school districts in
which the applicant is seeking | 2 |
| employment as a substitute or concurrent
part-time teacher or | 3 |
| concurrent educational support personnel employee.
Upon | 4 |
| receipt of this authorization, the school district or the | 5 |
| appropriate
regional superintendent, as the case may be, shall | 6 |
| submit the applicant's
name, sex, race, date of birth, social | 7 |
| security number, fingerprint images, and other identifiers, as | 8 |
| prescribed by the Department
of State Police, to the | 9 |
| Department. The regional
superintendent submitting the | 10 |
| requisite information to the Department of
State Police shall | 11 |
| promptly notify the school districts in which the
applicant is | 12 |
| seeking employment as a substitute or concurrent part-time
| 13 |
| teacher or concurrent educational support personnel employee | 14 |
| that
the
check of the applicant has been requested. The | 15 |
| Department of State
Police and the Federal Bureau of | 16 |
| Investigation shall furnish, pursuant to a fingerprint-based | 17 |
| criminal history records check, records of convictions, until | 18 |
| expunged, to the president of the school board for the school | 19 |
| district that requested the check, or to the regional | 20 |
| superintendent who requested the check. The
Department shall | 21 |
| charge
the school district
or the appropriate regional | 22 |
| superintendent a fee for
conducting
such check, which fee shall | 23 |
| be deposited in the State
Police Services Fund and shall not | 24 |
| exceed the cost of the inquiry; and the
applicant shall not be | 25 |
| charged a fee for
such check by the school
district or by the | 26 |
| regional superintendent. Subject to appropriations for these | 27 |
| purposes, the State Superintendent of Education shall | 28 |
| reimburse the school district and regional superintendent for | 29 |
| fees paid to obtain criminal history records checks under this | 30 |
| Section.
| 31 |
| (a-5) The school district or regional superintendent shall | 32 |
| further perform a check of the Statewide Sex Offender Database, | 33 |
| as authorized by the Sex Offender and Child Murderer Community | 34 |
| Notification Law, for each applicant.
|
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| (b) Any
information concerning the record of convictions | 2 |
| obtained by the president
of the board of education or the | 3 |
| regional superintendent shall be
confidential and may only be | 4 |
| transmitted to the general superintendent of
the school | 5 |
| district or his designee, the appropriate regional
| 6 |
| superintendent if
the check was requested by the board of | 7 |
| education
for the school district, the presidents of the | 8 |
| appropriate board of
education or school boards if
the check | 9 |
| was requested from the
Department of State Police by the | 10 |
| regional superintendent, the State
Superintendent of | 11 |
| Education, the State Teacher Certification Board or any
other | 12 |
| person necessary to the decision of hiring the applicant for
| 13 |
| employment. A copy of the record of convictions obtained from | 14 |
| the
Department of State Police shall be provided to the | 15 |
| applicant for
employment. Upon the check of the Statewide Sex | 16 |
| Offender Database, the school district or regional | 17 |
| superintendent shall notify an applicant as to whether or not | 18 |
| the applicant has been identified in the Database as a sex | 19 |
| offender. If a check of an applicant for employment as a
| 20 |
| substitute or concurrent part-time teacher or concurrent | 21 |
| educational
support personnel employee in more than one school | 22 |
| district was requested
by the regional superintendent, and the | 23 |
| Department of State Police upon
a check ascertains that the | 24 |
| applicant has not been convicted of any
of the enumerated | 25 |
| criminal or drug offenses in subsection (c)
or has not been
| 26 |
| convicted,
within 7 years of the application for employment | 27 |
| with the
school district, of any other felony under the laws of | 28 |
| this State or of any
offense committed or attempted in any | 29 |
| other state or against the laws of
the United States that, if | 30 |
| committed or attempted in this State, would
have been | 31 |
| punishable as a felony under the laws of this State and so
| 32 |
| notifies the regional superintendent and if the regional | 33 |
| superintendent upon a check ascertains that the applicant has | 34 |
| not been identified in the Sex Offender Database as a sex |
|
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| offender , then the regional superintendent
shall issue to the | 2 |
| applicant a certificate evidencing that as of the date
| 3 |
| specified by the Department of State Police the applicant has | 4 |
| not been
convicted of any of the enumerated criminal or drug | 5 |
| offenses in subsection
(c)
or has not been
convicted, within 7 | 6 |
| years of the application for employment with the
school | 7 |
| district, of any other felony under the laws of this State or | 8 |
| of any
offense committed or attempted in any other state or | 9 |
| against the laws of
the United States that, if committed or | 10 |
| attempted in this State, would
have been punishable as a felony | 11 |
| under the laws of this State and evidencing that as of the date | 12 |
| that the regional superintendent conducted a check of the | 13 |
| Statewide Sex Offender Database, the applicant has not been | 14 |
| identified in the Database as a sex offender . The school
board | 15 |
| of any school district located
in
the educational
service | 16 |
| region served by the regional superintendent who issues such a
| 17 |
| certificate to an applicant for employment as a substitute or | 18 |
| concurrent
part-time teacher or concurrent educational support | 19 |
| personnel employee in more
than one such district may rely on | 20 |
| the certificate issued by the regional
superintendent to that | 21 |
| applicant, or may initiate its own criminal history records | 22 |
| check of
the applicant through the Department of State Police | 23 |
| and its own check of the Statewide Sex Offender Database as | 24 |
| provided in
subsection (a). Any person who releases any | 25 |
| confidential information
concerning any criminal convictions | 26 |
| of an applicant for employment shall be
guilty of a Class A | 27 |
| misdemeanor, unless the release of such information is
| 28 |
| authorized by this Section.
| 29 |
| (c) The board of education shall not knowingly employ a | 30 |
| person who has
been convicted for committing attempted first | 31 |
| degree murder or for
committing or attempting to commit first | 32 |
| degree murder or a Class X felony
or any one or more of the
| 33 |
| following offenses: (i) those defined in Sections 11-6, 11-9, | 34 |
| 11-14,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, |
|
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LRB094 09221 RAS 43933 a |
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| 11-19.2, 11-20,
11-20.1, 11-21, 12-13, 12-14,
12-14.1,
12-15 | 2 |
| and 12-16 of the Criminal Code of
1961; (ii) those defined in | 3 |
| the Cannabis Control Act,
except those defined in Sections | 4 |
| 4(a), 4(b) and 5(a) of that Act; (iii)
those defined in the | 5 |
| Illinois Controlled Substances Act;
and (iv) any
offense | 6 |
| committed or attempted in any other state or against the laws | 7 |
| of
the United States, which if committed or attempted in this | 8 |
| State, would
have been punishable as one or more of the | 9 |
| foregoing offenses.
Further, the board of education shall not | 10 |
| knowingly employ a person who has
been found to be the | 11 |
| perpetrator of sexual or physical abuse of any minor under
18 | 12 |
| years of age pursuant to proceedings under Article II of the | 13 |
| Juvenile Court
Act of 1987.
| 14 |
| (d) The board of education shall not knowingly employ a | 15 |
| person for whom
a criminal history records check and a | 16 |
| Statewide Sex Offender Database check has not been initiated.
| 17 |
| (e) Upon receipt of the record of a conviction of or a | 18 |
| finding of child
abuse by a holder of any
certificate issued | 19 |
| pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 20 |
| Code, the board of education or the State Superintendent of
| 21 |
| Education shall initiate the certificate suspension and | 22 |
| revocation
proceedings authorized by law.
| 23 |
| (f) After March 19, 1990, the provisions of this Section | 24 |
| shall apply to
all employees of persons or firms holding | 25 |
| contracts with any school district
including, but not limited | 26 |
| to, food service workers, school bus drivers and
other | 27 |
| transportation employees, who have direct, daily contact with | 28 |
| the
pupils of any school in such district. For purposes of | 29 |
| criminal history records checks and checks of the Statewide Sex | 30 |
| Offender Database on employees of persons or firms holding | 31 |
| contracts with more
than one school district and assigned to | 32 |
| more than one school district, the
regional superintendent of | 33 |
| the educational service region in which the
contracting school | 34 |
| districts are located may, at the request of any such
school |
|
|
|
09400HB3451ham001 |
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LRB094 09221 RAS 43933 a |
|
| 1 |
| district, be responsible for receiving the authorization for
a | 2 |
| criminal history records check prepared by each such employee | 3 |
| and submitting the same to the
Department of State Police and | 4 |
| for conducting a check of the Statewide Sex Offender Database | 5 |
| for each employee . Any information concerning the record of
| 6 |
| conviction and identification as a sex offender of any such | 7 |
| employee obtained by the regional superintendent
shall be | 8 |
| promptly reported to the president of the appropriate school | 9 |
| board
or school boards.
| 10 |
| (Source: P.A. 93-418, eff. 1-1-04; 93-909, eff. 8-12-04.)
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
|
|