Full Text of SB0859 94th General Assembly
SB0859sam001 94TH GENERAL ASSEMBLY
|
Sen. Edward D. Maloney
Filed: 3/28/2006
|
|
09400SB0859sam001 |
|
LRB094 04502 RAS 57744 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 859
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 859 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The School Code is amended by changing Section | 5 |
| 21-23 as follows:
| 6 |
| (105 ILCS 5/21-23) (from Ch. 122, par. 21-23)
| 7 |
| Sec. 21-23. Suspension or revocation of certificate.
| 8 |
| (a) Any certificate issued pursuant to this Article, | 9 |
| including but not
limited to any administrative certificate or | 10 |
| endorsement,
may be suspended
for a
period not to exceed one | 11 |
| calendar year by the regional
superintendent or for a period | 12 |
| not to exceed 5 calendar years by the
State Superintendent of | 13 |
| Education upon evidence of immorality, a condition
of health | 14 |
| detrimental to the welfare of pupils, incompetency,
| 15 |
| unprofessional conduct (which includes the failure to disclose | 16 |
| on an employment application any previous conviction for a sex | 17 |
| offense, as defined in Section 21-23a of this Code, or any | 18 |
| other offense committed in any other state or against the laws | 19 |
| of the United States that, if committed in this State, would be | 20 |
| punishable as a sex offense, as defined in Section 21-23a of | 21 |
| this Code) , the neglect of any professional duty, willful
| 22 |
| failure to report an instance of suspected child abuse or | 23 |
| neglect as
required by the Abused and Neglected Child Reporting | 24 |
| Act, failure to
establish satisfactory repayment on an |
|
|
|
09400SB0859sam001 |
- 2 - |
LRB094 04502 RAS 57744 a |
|
| 1 |
| educational loan guaranteed by the
Illinois Student Assistance | 2 |
| Commission,
or other just cause. Unprofessional conduct shall
| 3 |
| include refusal to attend or participate in, institutes, | 4 |
| teachers' meetings,
professional readings, or to meet other | 5 |
| reasonable requirements of the
regional superintendent or | 6 |
| State Superintendent of Education. Unprofessional
conduct also | 7 |
| includes conduct that violates the standards,
ethics, or rules
| 8 |
| applicable to the security, administration, monitoring, or | 9 |
| scoring of, or the
reporting of scores from, any assessment | 10 |
| test or the Prairie State Achievement
Examination administered
| 11 |
| under Section 2-3.64 or that is known or intended to produce or | 12 |
| report
manipulated or artificial, rather than actual, | 13 |
| assessment or achievement
results
or gains from the | 14 |
| administration of those tests or examinations. It shall
also | 15 |
| include neglect or unnecessary delay in making of statistical | 16 |
| and
other reports required by school officers. The regional | 17 |
| superintendent
or State Superintendent of Education shall upon | 18 |
| receipt of evidence of
immorality, a condition of health | 19 |
| detrimental to the welfare of pupils,
incompetency, | 20 |
| unprofessional conduct, the neglect of any professional
duty or | 21 |
| other just cause serve written notice to the individual and
| 22 |
| afford the individual opportunity for a hearing prior to | 23 |
| suspension. Prior to the hearing, however, the individual may | 24 |
| be suspended from his or her duties if it is deemed necessary | 25 |
| for the safety of students. If
a hearing is requested within 10 | 26 |
| days of notice of opportunity for
hearing it shall act as a | 27 |
| stay of proceedings not to exceed 30 days, unless the | 28 |
| individual requests a delay. In such an instance, the stay of | 29 |
| proceedings must be continued for another 30 days. No
| 30 |
| certificate shall be suspended until the teacher has an | 31 |
| opportunity for
a hearing at the educational service region. | 32 |
| When a certificate is
suspended, the right of appeal shall lie | 33 |
| to the State Teacher
Certification Board. When an appeal is | 34 |
| taken within 10 days after
notice of suspension it shall act as |
|
|
|
09400SB0859sam001 |
- 3 - |
LRB094 04502 RAS 57744 a |
|
| 1 |
| a stay of proceedings not to exceed
120 days. If a certificate | 2 |
| is suspended for a period greater than one
year, the State | 3 |
| Superintendent of Education shall review the suspension
prior | 4 |
| to the expiration of that period to determine whether the cause | 5 |
| for
the suspension has been remedied or continues to exist. | 6 |
| Upon determining
that the cause for suspension has not abated, | 7 |
| the State Superintendent of
Education may order that the | 8 |
| suspension be continued for an appropriate
period. Nothing in | 9 |
| this Section prohibits the continuance of such a
suspension for | 10 |
| an indefinite period if the State Superintendent determines
| 11 |
| that the cause for the suspension remains unabated. Any | 12 |
| certificate may be
revoked for the same reasons as for | 13 |
| suspension by the State Superintendent
of Education. No | 14 |
| certificate shall be revoked until the teacher has an
| 15 |
| opportunity for a hearing before the State Teacher | 16 |
| Certification Board,
which hearing must be held within 120
days | 17 |
| from the date the appeal is taken, unless the State Teacher | 18 |
| Certification Board requests a delay. In such an instance, the | 19 |
| stay of the revocation proceedings must be continued until the | 20 |
| completion of the proceedings.
| 21 |
| The State Board may refuse to issue or may suspend the
| 22 |
| certificate of any person who fails to file a return, or to pay | 23 |
| the tax,
penalty or interest shown in a filed return, or to pay | 24 |
| any final assessment
of tax, penalty or interest, as required | 25 |
| by any tax Act administered by the
Illinois Department of | 26 |
| Revenue, until such time as the requirements of any
such tax | 27 |
| Act are satisfied.
| 28 |
| (b) Any certificate issued pursuant to this Article may be | 29 |
| suspended
for an appropriate length of time as determined by | 30 |
| either the regional
superintendent or State Superintendent of | 31 |
| Education upon evidence that the
holder of the certificate has | 32 |
| been named as a perpetrator in an indicated
report filed | 33 |
| pursuant to the Abused and Neglected Child Reporting Act,
| 34 |
| approved June 26, 1975, as amended, and upon proof by clear and |
|
|
|
09400SB0859sam001 |
- 4 - |
LRB094 04502 RAS 57744 a |
|
| 1 |
| convincing
evidence that the licensee has caused a child to be | 2 |
| an abused child or
neglected child as defined in the Abused and | 3 |
| Neglected Child Reporting Act.
| 4 |
| The regional superintendent or State Superintendent of | 5 |
| Education shall,
upon receipt of evidence that the certificate | 6 |
| holder has been named a
perpetrator in any indicated report, | 7 |
| serve written notice to the individual
and afford the | 8 |
| individual opportunity for a hearing prior to suspension.
If a | 9 |
| hearing is requested within 10 days of notice of opportunity | 10 |
| for
hearing, it shall act as a stay of proceedings not to | 11 |
| exceed 30 days, unless the individual requests a delay. In such | 12 |
| an instance, the stay of proceedings must be continued for | 13 |
| another 30 days. No
certificate shall be suspended until the | 14 |
| teacher has an opportunity for
a hearing at the educational | 15 |
| service region. When a certificate is
suspended, the right of | 16 |
| appeal shall lie to the State Teacher
Certification Board. When | 17 |
| an appeal is taken within 10 days after
notice of suspension it | 18 |
| shall act as a stay of proceedings not to exceed 120
days. The | 19 |
| State Superintendent may revoke any certificate upon proof at
| 20 |
| hearing by clear and convincing evidence that the certificate | 21 |
| holder has
caused a child to be an abused child or neglected | 22 |
| child as defined in the
Abused and Neglected Child Reporting | 23 |
| Act. No certificate shall be revoked
until the teacher has an | 24 |
| opportunity for a hearing before the State Teacher
| 25 |
| Certification Board, which hearing must be held within 120 days | 26 |
| from the
date the appeal is taken, unless the teacher or the | 27 |
| hearing officer appointed by the State Teacher Certification | 28 |
| Board requests a delay. In such an instance, the stay of the | 29 |
| revocation proceedings must be continued until the completion | 30 |
| of the proceedings.
| 31 |
| (c) The State Superintendent of Education or a person | 32 |
| designated by him
shall have the power to administer oaths to | 33 |
| witnesses at any hearing
conducted before the State Teacher | 34 |
| Certification Board pursuant to this
Section. The State |
|
|
|
09400SB0859sam001 |
- 5 - |
LRB094 04502 RAS 57744 a |
|
| 1 |
| Superintendent of Education or a person designated by
him is | 2 |
| authorized to subpoena and bring before the State Teacher
| 3 |
| Certification Board any person in this State and to take | 4 |
| testimony either
orally or by deposition or by exhibit, with | 5 |
| the same fees and mileage and
in the same manner as prescribed | 6 |
| by law in judicial proceedings in the
civil cases in circuit | 7 |
| courts of this State.
| 8 |
| Any circuit court, upon the application of the State | 9 |
| Superintendent of
Education, may, by order duly entered, | 10 |
| require the attendance of witnesses
and the production of | 11 |
| relevant books and papers at any hearing the State
| 12 |
| Superintendent of Education is authorized to conduct pursuant | 13 |
| to this Section,
and the court may compel obedience to its | 14 |
| orders by proceedings for contempt.
| 15 |
| (d) As used in this Section, "teacher" means any school | 16 |
| district employee
regularly required to be certified, as | 17 |
| provided in this Article, in order to
teach or supervise in the | 18 |
| public schools.
| 19 |
| (Source: P.A. 93-679, eff. 6-30-04.)".
|
|