Full Text of SB1319 99th General Assembly
SB1319sam001 99TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/2/2015
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| 1 | | AMENDMENT TO SENATE BILL 1319
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1319 as follows:
| 3 | | on page 1, line 5, after "2-3.12,", by inserting "2-3.25o,"; | 4 | | and | 5 | | on page 8, immediately below line 17, by inserting the | 6 | | following: | 7 | | "(105 ILCS 5/2-3.25o)
| 8 | | Sec. 2-3.25o. Registration and recognition of non-public | 9 | | elementary and
secondary schools.
| 10 | | (a) Findings. The General Assembly finds and declares (i) | 11 | | that the
Constitution
of the State of Illinois provides that a | 12 | | "fundamental goal of the People of the
State is the
educational | 13 | | development of all persons to the limits of their capacities" | 14 | | and
(ii) that the
educational development of every school | 15 | | student serves the public purposes of
the State.
In order to |
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| 1 | | ensure that all Illinois students and teachers have the | 2 | | opportunity
to enroll and
work in State-approved educational | 3 | | institutions and programs, the State Board
of
Education shall | 4 | | provide for the voluntary registration and recognition of
| 5 | | non-public
elementary and secondary schools.
| 6 | | (b) Registration. All non-public elementary and secondary | 7 | | schools in the
State
of
Illinois may voluntarily register with | 8 | | the State Board of Education on an
annual basis. Registration | 9 | | shall
be completed
in conformance with procedures prescribed by | 10 | | the State Board of Education.
Information
required for | 11 | | registration shall include assurances of compliance (i) with
| 12 | | federal
and State
laws regarding health examination and | 13 | | immunization, attendance, length of term,
and
| 14 | | nondiscrimination and (ii) with applicable fire and health | 15 | | safety requirements.
| 16 | | (c) Recognition. All non-public elementary and secondary | 17 | | schools in the
State of
Illinois may voluntarily seek the | 18 | | status of "Non-public School Recognition"
from
the State
Board | 19 | | of Education. This status may be obtained by compliance with
| 20 | | administrative
guidelines and review procedures as prescribed | 21 | | by the State Board of Education.
The
guidelines and procedures | 22 | | must recognize that some of the aims and the
financial bases of
| 23 | | non-public schools are different from public schools and will | 24 | | not be identical
to those for
public schools, nor will they be | 25 | | more burdensome. The guidelines and procedures
must
also | 26 | | recognize the diversity of non-public schools and shall not |
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| 1 | | impinge upon
the
noneducational relationships between those | 2 | | schools and their clientele.
| 3 | | (c-5) Prohibition against recognition. A non-public | 4 | | elementary or secondary school may not obtain "Non-public | 5 | | School Recognition" status unless the school requires all | 6 | | certified and non-certified applicants for employment with the | 7 | | school, after July 1, 2007, to authorize a fingerprint-based | 8 | | criminal history records check as a condition of employment to | 9 | | determine if such applicants have been convicted of any of the | 10 | | enumerated criminal or drug offenses set forth in Section | 11 | | 21B-80 21-23a of this Code or have been convicted, within 7 | 12 | | years of the application for employment, of any other felony | 13 | | under the laws of this State or of any offense committed or | 14 | | attempted in any other state or against the laws of the United | 15 | | States that, if committed or attempted in this State, would | 16 | | have been punishable as a felony under the laws of this State. | 17 | | Authorization for the check shall be furnished by the | 18 | | applicant to the school, except that if the applicant is a | 19 | | substitute teacher seeking employment in more than one | 20 | | non-public school, a teacher seeking concurrent part-time | 21 | | employment positions with more than one non-public school (as a | 22 | | reading specialist, special education teacher, or otherwise), | 23 | | or an educational support personnel employee seeking | 24 | | employment positions with more than one non-public school, then | 25 | | only one of the non-public schools employing the individual | 26 | | shall request the authorization. Upon receipt of this |
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| 1 | | authorization, the non-public school shall submit the | 2 | | applicant's name, sex, race, date of birth, social security | 3 | | number, fingerprint images, and other identifiers, as | 4 | | prescribed by the Department of State Police, to the Department | 5 | | of State Police. | 6 | | The Department of State Police and Federal Bureau of | 7 | | Investigation shall furnish, pursuant to a fingerprint-based | 8 | | criminal history records check, records of convictions, | 9 | | forever and hereafter, until expunged, to the president or | 10 | | principal of the non-public school that requested the check. | 11 | | The Department of State Police shall charge that school a fee | 12 | | for conducting such check, which fee must be deposited into the | 13 | | State Police Services Fund and must not exceed the cost of the | 14 | | inquiry. Subject to appropriations for these purposes, the | 15 | | State Superintendent of Education shall reimburse non-public | 16 | | schools for fees paid to obtain criminal history records checks | 17 | | under this Section. | 18 | | A non-public school may not obtain recognition status | 19 | | unless the school also performs a check of the Statewide Sex | 20 | | Offender Database, as authorized by the Sex Offender Community | 21 | | Notification Law, for each applicant for employment, after July | 22 | | 1, 2007, to determine whether the applicant has been | 23 | | adjudicated a sex offender. | 24 | | Any information concerning the record of convictions | 25 | | obtained by a non-public school's president or principal under | 26 | | this Section is confidential and may be disseminated only to |
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| 1 | | the governing body of the non-public school or any other person | 2 | | necessary to the decision of hiring the applicant for | 3 | | employment. A copy of the record of convictions obtained from | 4 | | the Department of State Police shall be provided to the | 5 | | applicant for employment. Upon a check of the Statewide Sex | 6 | | Offender Database, the non-public school shall notify the | 7 | | applicant as to whether or not the applicant has been | 8 | | identified in the Sex Offender Database as a sex offender. Any | 9 | | information concerning the records of conviction obtained by | 10 | | the non-public school's president or principal under this | 11 | | Section for a substitute teacher seeking employment in more | 12 | | than one non-public school, a teacher seeking concurrent | 13 | | part-time employment positions with more than one non-public | 14 | | school (as a reading specialist, special education teacher, or | 15 | | otherwise), or an educational support personnel employee | 16 | | seeking employment positions with more than one non-public | 17 | | school may be shared with another non-public school's principal | 18 | | or president to which the applicant seeks employment. Any | 19 | | person who releases any criminal history record information | 20 | | concerning an applicant for employment is guilty of a Class A | 21 | | misdemeanor and may be subject to prosecution under federal | 22 | | law, unless the release of such information is authorized by | 23 | | this Section. | 24 | | No non-public school may obtain recognition status that | 25 | | knowingly employs a person, hired after July 1, 2007, for whom | 26 | | a Department of State Police and Federal Bureau of |
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| 1 | | Investigation fingerprint-based criminal history records check | 2 | | and a Statewide Sex Offender Database check has not been | 3 | | initiated or who has been convicted of any offense enumerated | 4 | | in Section 21B-80 of this Code or any offense committed or | 5 | | attempted in any other state or against the laws of the United | 6 | | States that, if committed or attempted in this State, would | 7 | | have been punishable as one or more of those offenses. No | 8 | | non-public school may obtain recognition status under this | 9 | | Section that knowingly employs a person who has been found to | 10 | | be the perpetrator of sexual or physical abuse of a minor under | 11 | | 18 years of age pursuant to proceedings under Article II of the | 12 | | Juvenile Court Act of 1987. | 13 | | In order to obtain recognition status under this Section, a | 14 | | non-public school must require compliance with the provisions | 15 | | of this subsection (c-5) from all employees of persons or firms | 16 | | holding contracts with the school, including, but not limited | 17 | | to, food service workers, school bus drivers, and other | 18 | | transportation employees, who have direct, daily contact with | 19 | | pupils. Any information concerning the records of conviction or | 20 | | identification as a sex offender of any such employee obtained | 21 | | by the non-public school principal or president must be | 22 | | promptly reported to the school's governing body.
| 23 | | (d) Public purposes. The provisions of this Section are in | 24 | | the public
interest, for
the public benefit, and serve secular | 25 | | public purposes.
| 26 | | (e) Definition. For purposes of this Section, a non-public |
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| 1 | | school means any
non-profit, non-home-based, and non-public | 2 | | elementary or secondary school that
is
in
compliance with Title | 3 | | VI of the Civil Rights Act of 1964 and attendance at
which
| 4 | | satisfies the requirements of Section 26-1 of this Code.
| 5 | | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)".
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