Full Text of SB2236 99th General Assembly
SB2236ham001 99TH GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 5/23/2016
| | 09900SB2236ham001 | | LRB099 17046 SMS 49083 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2236
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2236 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Professional Regulation Law | 5 | | of the
Civil Administrative Code of Illinois is amended by | 6 | | changing Sections 2105-15 as follows:
| 7 | | (20 ILCS 2105/2105-15)
| 8 | | Sec. 2105-15. General powers and duties.
| 9 | | (a) The Department has, subject to the provisions of the | 10 | | Civil
Administrative Code of Illinois, the following powers and | 11 | | duties:
| 12 | | (1) To authorize examinations in English to ascertain | 13 | | the qualifications
and fitness of applicants to exercise | 14 | | the profession, trade, or occupation for
which the | 15 | | examination is held.
| 16 | | (2) To prescribe rules and regulations for a fair and |
| | | 09900SB2236ham001 | - 2 - | LRB099 17046 SMS 49083 a |
|
| 1 | | wholly
impartial method of examination of candidates to | 2 | | exercise the respective
professions, trades, or | 3 | | occupations.
| 4 | | (3) To pass upon the qualifications of applicants for | 5 | | licenses,
certificates, and authorities, whether by | 6 | | examination, by reciprocity, or by
endorsement.
| 7 | | (4) To prescribe rules and regulations defining, for | 8 | | the
respective
professions, trades, and occupations, what | 9 | | shall constitute a school,
college, or university, or | 10 | | department of a university, or other
institution, | 11 | | reputable and in good standing, and to determine the
| 12 | | reputability and good standing of a school, college, or | 13 | | university, or
department of a university, or other | 14 | | institution, reputable and in good
standing, by reference | 15 | | to a compliance with those rules and regulations;
provided, | 16 | | that no school, college, or university, or department of a
| 17 | | university, or other institution that refuses admittance | 18 | | to applicants
solely on account of race, color, creed, sex, | 19 | | sexual orientation, or national origin shall be
considered | 20 | | reputable and in good standing.
| 21 | | (5) To conduct hearings on proceedings to revoke, | 22 | | suspend, refuse to
renew, place on probationary status, or | 23 | | take other disciplinary action
as authorized in any | 24 | | licensing Act administered by the Department
with regard to | 25 | | licenses, certificates, or authorities of persons
| 26 | | exercising the respective professions, trades, or |
| | | 09900SB2236ham001 | - 3 - | LRB099 17046 SMS 49083 a |
|
| 1 | | occupations and to
revoke, suspend, refuse to renew, place | 2 | | on probationary status, or take
other disciplinary action | 3 | | as authorized in any licensing Act
administered by the | 4 | | Department with regard to those licenses,
certificates, or | 5 | | authorities. | 6 | | The Department shall issue a monthly
disciplinary | 7 | | report. | 8 | | The Department shall deny any license or
renewal | 9 | | authorized by the Civil Administrative Code of Illinois to | 10 | | any person
who has defaulted on an
educational loan or | 11 | | scholarship provided by or guaranteed by the Illinois
| 12 | | Student Assistance Commission or any governmental agency | 13 | | of this State;
however, the Department may issue a license | 14 | | or renewal if such a person has an adjusted gross income of | 15 | | less than $75,000 or, in the case of a person with an | 16 | | adjusted gross income of $75,000 or above, if he or she has | 17 | | the
aforementioned persons have established a satisfactory | 18 | | repayment record as
determined by the Illinois Student | 19 | | Assistance Commission or other appropriate
governmental | 20 | | agency of this State. Additionally, beginning June 1, 1996,
| 21 | | any license issued by the Department may be suspended or | 22 | | revoked if the
Department, after the opportunity for a | 23 | | hearing under the appropriate licensing
Act, finds that the | 24 | | licensee has failed to make satisfactory repayment to the
| 25 | | Illinois Student Assistance Commission for a delinquent or | 26 | | defaulted loan.
For the purposes of this Section, |
| | | 09900SB2236ham001 | - 4 - | LRB099 17046 SMS 49083 a |
|
| 1 | | "satisfactory repayment record" shall be
defined by rule. | 2 | | Notwithstanding any law or rule to the contrary, if the | 3 | | licensee is subject to wage garnishment because of failure | 4 | | to make satisfactory repayment to the Illinois Student | 5 | | Assistance Commission of a delinquent or defaulted loan, | 6 | | any involuntary student loan payments that are deducted | 7 | | from the licensee's wages shall be considered to reduce | 8 | | amounts otherwise required to constitute a satisfactory | 9 | | repayment record. The determination the licensee has a | 10 | | satisfactory repayment record shall be based on the | 11 | | licensee's ability to pay. Notwithstanding any law or rule | 12 | | to the contrary, a suspension due to nonpayment or | 13 | | insufficient payment of a student loan shall be conducted | 14 | | in accordance with this Section and shall allow an | 15 | | opportunity for a hearing prior to the suspension. | 16 | | The Department shall refuse to issue or renew a license | 17 | | to,
or shall suspend or revoke a license of, any person | 18 | | who, after receiving
notice, fails to comply with a | 19 | | subpoena or warrant relating to a paternity or
child | 20 | | support proceeding. However, the Department may issue a | 21 | | license or
renewal upon compliance with the subpoena or | 22 | | warrant.
| 23 | | The Department, without further process or hearings, | 24 | | shall revoke, suspend,
or deny any license or renewal | 25 | | authorized by the Civil Administrative Code of
Illinois to | 26 | | a person who is certified by the Department of Healthcare |
| | | 09900SB2236ham001 | - 5 - | LRB099 17046 SMS 49083 a |
|
| 1 | | and Family Services (formerly Illinois Department of | 2 | | Public Aid)
as being more than 30 days delinquent in | 3 | | complying with a child support order
or who is certified by | 4 | | a court as being in violation of the Non-Support
Punishment | 5 | | Act for more than 60 days. The Department may, however, | 6 | | issue a
license or renewal if the person has established a | 7 | | satisfactory repayment
record as determined by the | 8 | | Department of Healthcare and Family Services (formerly
| 9 | | Illinois Department of Public Aid) or if the person
is | 10 | | determined by the court to be in compliance with the | 11 | | Non-Support Punishment
Act. The Department may implement | 12 | | this paragraph as added by Public Act 89-6
through the use | 13 | | of emergency rules in accordance with Section 5-45 of the
| 14 | | Illinois Administrative Procedure Act. For purposes of the | 15 | | Illinois
Administrative Procedure Act, the adoption of | 16 | | rules to implement this
paragraph shall be considered an | 17 | | emergency and necessary for the public
interest, safety, | 18 | | and welfare.
| 19 | | (6) To transfer jurisdiction of any realty under the | 20 | | control of the
Department to any other department of the | 21 | | State Government or to acquire
or accept federal lands when | 22 | | the transfer, acquisition, or acceptance is
advantageous | 23 | | to the State and is approved in writing by the Governor.
| 24 | | (7) To formulate rules and regulations necessary for | 25 | | the enforcement of
any Act administered by the Department.
| 26 | | (8) To exchange with the Department of Healthcare and |
| | | 09900SB2236ham001 | - 6 - | LRB099 17046 SMS 49083 a |
|
| 1 | | Family Services information
that may be necessary for the | 2 | | enforcement of child support orders entered
pursuant to the | 3 | | Illinois Public Aid Code, the Illinois Marriage and | 4 | | Dissolution
of Marriage Act, the Non-Support of Spouse and | 5 | | Children Act, the Non-Support
Punishment Act, the Revised | 6 | | Uniform Reciprocal Enforcement of Support Act, the
Uniform | 7 | | Interstate Family Support Act, the Illinois Parentage Act | 8 | | of 1984, or the Illinois Parentage Act of 2015.
| 9 | | Notwithstanding any provisions in this Code to the | 10 | | contrary, the Department of
Professional Regulation shall | 11 | | not be liable under any federal or State law to
any person | 12 | | for any disclosure of information to the Department of | 13 | | Healthcare and Family Services (formerly Illinois | 14 | | Department of
Public Aid)
under this paragraph (8) or for | 15 | | any other action taken in good faith
to comply with the | 16 | | requirements of this paragraph (8).
| 17 | | (8.5) To accept continuing education credit for | 18 | | mandated reporter training on how to recognize and report | 19 | | child abuse offered by the Department of Children and | 20 | | Family Services and completed by any person who holds a | 21 | | professional license issued by the Department and who is a | 22 | | mandated reporter under the Abused and Neglected Child | 23 | | Reporting Act. The Department shall adopt any rules | 24 | | necessary to implement this paragraph. | 25 | | (9) To perform other duties prescribed
by law.
| 26 | | (a-5) Except in cases involving default on an educational |
| | | 09900SB2236ham001 | - 7 - | LRB099 17046 SMS 49083 a |
|
| 1 | | loan or scholarship provided by or guaranteed by the Illinois | 2 | | Student Assistance Commission or any governmental agency of | 3 | | this State or in cases involving delinquency in complying with | 4 | | a child support order or violation of the Non-Support | 5 | | Punishment Act and notwithstanding anything that may appear in | 6 | | any individual licensing Act or administrative rule, no person | 7 | | or entity whose license, certificate, or authority has been | 8 | | revoked as authorized in any licensing Act administered by the | 9 | | Department may apply for restoration of that license, | 10 | | certification, or authority until 3 years after the effective | 11 | | date of the revocation. | 12 | | (b) The Department may, when a fee is payable to the | 13 | | Department for a wall
certificate of registration provided by | 14 | | the Department of Central Management
Services, require that | 15 | | portion of the payment for printing and distribution
costs be | 16 | | made directly or through the Department to the Department of | 17 | | Central
Management Services for deposit into the Paper and | 18 | | Printing Revolving Fund.
The remainder shall be deposited into | 19 | | the General Revenue Fund.
| 20 | | (c) For the purpose of securing and preparing evidence, and | 21 | | for the purchase
of controlled substances, professional | 22 | | services, and equipment necessary for
enforcement activities, | 23 | | recoupment of investigative costs, and other activities
| 24 | | directed at suppressing the misuse and abuse of controlled | 25 | | substances,
including those activities set forth in Sections | 26 | | 504 and 508 of the Illinois
Controlled Substances Act, the |
| | | 09900SB2236ham001 | - 8 - | LRB099 17046 SMS 49083 a |
|
| 1 | | Director and agents appointed and authorized by
the Director | 2 | | may expend sums from the Professional Regulation Evidence Fund
| 3 | | that the Director deems necessary from the amounts appropriated | 4 | | for that
purpose. Those sums may be advanced to the agent when | 5 | | the Director deems that
procedure to be in the public interest. | 6 | | Sums for the purchase of controlled
substances, professional | 7 | | services, and equipment necessary for enforcement
activities | 8 | | and other activities as set forth in this Section shall be | 9 | | advanced
to the agent who is to make the purchase from the | 10 | | Professional Regulation
Evidence Fund on vouchers signed by the | 11 | | Director. The Director and those
agents are authorized to | 12 | | maintain one or more commercial checking accounts with
any | 13 | | State banking corporation or corporations organized under or | 14 | | subject to the
Illinois Banking Act for the deposit and | 15 | | withdrawal of moneys to be used for
the purposes set forth in | 16 | | this Section; provided, that no check may be written
nor any | 17 | | withdrawal made from any such account except upon the written
| 18 | | signatures of 2 persons designated by the Director to write | 19 | | those checks and
make those withdrawals. Vouchers for those | 20 | | expenditures must be signed by the
Director. All such | 21 | | expenditures shall be audited by the Director, and the
audit | 22 | | shall be submitted to the Department of Central Management | 23 | | Services for
approval.
| 24 | | (d) Whenever the Department is authorized or required by | 25 | | law to consider
some aspect of criminal history record | 26 | | information for the purpose of carrying
out its statutory |
| | | 09900SB2236ham001 | - 9 - | LRB099 17046 SMS 49083 a |
|
| 1 | | powers and responsibilities, then, upon request and payment
of | 2 | | fees in conformance with the requirements of Section 2605-400 | 3 | | of the
Department of State Police Law (20 ILCS 2605/2605-400), | 4 | | the Department of State
Police is authorized to furnish, | 5 | | pursuant to positive identification, the
information contained | 6 | | in State files that is necessary to fulfill the request.
| 7 | | (e) The provisions of this Section do not apply to private | 8 | | business and
vocational schools as defined by Section 15 of the | 9 | | Private Business and
Vocational Schools Act of 2012.
| 10 | | (f) (Blank).
| 11 | | (g) Notwithstanding anything that may appear in any | 12 | | individual licensing statute or administrative rule, the | 13 | | Department shall deny any license application or renewal | 14 | | authorized under any licensing Act administered by the | 15 | | Department to any person who has failed to file a return, or to | 16 | | pay the tax, penalty, or interest shown in a filed return, or | 17 | | to pay any final assessment of tax, penalty, or interest, as | 18 | | required by any tax Act administered by the Illinois Department | 19 | | of Revenue, until such time as the requirement of any such tax | 20 | | Act are satisfied; however, the Department may issue a license | 21 | | or renewal if the person has established a satisfactory | 22 | | repayment record as determined by the Illinois Department of | 23 | | Revenue. For the purpose of this Section, "satisfactory | 24 | | repayment record" shall be defined by rule.
| 25 | | In addition, a complaint filed with the Department by the | 26 | | Illinois Department of Revenue that includes a certification, |
| | | 09900SB2236ham001 | - 10 - | LRB099 17046 SMS 49083 a |
|
| 1 | | signed by its Director or designee, attesting to the amount of | 2 | | the unpaid tax liability or the years for which a return was | 3 | | not filed, or both, is prima facie evidence of the licensee's | 4 | | failure to comply with the tax laws administered by the | 5 | | Illinois Department of Revenue. Upon receipt of that | 6 | | certification, the Department shall, without a hearing, | 7 | | immediately suspend all licenses held by the licensee. | 8 | | Enforcement of the Department's order shall be stayed for 60 | 9 | | days. The Department shall provide notice of the suspension to | 10 | | the licensee by mailing a copy of the Department's order by | 11 | | certified and regular mail to the licensee's last known address | 12 | | as registered with the Department. The notice shall advise the | 13 | | licensee that the suspension shall be effective 60 days after | 14 | | the issuance of the Department's order unless the Department | 15 | | receives, from the licensee, a request for a hearing before the | 16 | | Department to dispute the matters contained in the order.
| 17 | | Any suspension imposed under this subsection (g) shall be | 18 | | terminated by the Department upon notification from the | 19 | | Illinois Department of Revenue that the licensee is in | 20 | | compliance with all tax laws administered by the Illinois | 21 | | Department of Revenue.
| 22 | | The Department may promulgate rules for the administration | 23 | | of this subsection (g).
| 24 | | (h) The Department may grant the title "Retired", to be | 25 | | used immediately adjacent to the title of a profession | 26 | | regulated by the Department, to eligible retirees. For |
| | | 09900SB2236ham001 | - 11 - | LRB099 17046 SMS 49083 a |
|
| 1 | | individuals licensed under the Medical Practice Act of 1987, | 2 | | the title "Retired" may be used in the profile required by the | 3 | | Patients' Right to Know Act. The use of the title "Retired" | 4 | | shall not constitute representation of current licensure, | 5 | | registration, or certification. Any person without an active | 6 | | license, registration, or certificate in a profession that | 7 | | requires licensure, registration, or certification shall not | 8 | | be permitted to practice that profession. | 9 | | (i) Within 180 days after December 23, 2009 (the effective | 10 | | date of Public Act 96-852), the Department shall promulgate | 11 | | rules which permit a person with a criminal record, who seeks a | 12 | | license or certificate in an occupation for which a criminal | 13 | | record is not expressly a per se bar, to apply to the | 14 | | Department for a non-binding, advisory opinion to be provided | 15 | | by the Board or body with the authority to issue the license or | 16 | | certificate as to whether his or her criminal record would bar | 17 | | the individual from the licensure or certification sought, | 18 | | should the individual meet all other licensure requirements | 19 | | including, but not limited to, the successful completion of the | 20 | | relevant examinations. | 21 | | (Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85, | 22 | | eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised | 23 | | 10-16-15.)
| 24 | | Section 10. The School Code is amended by changing Section | 25 | | 21B-75 as follows: |
| | | 09900SB2236ham001 | - 12 - | LRB099 17046 SMS 49083 a |
|
| 1 | | (105 ILCS 5/21B-75) | 2 | | Sec. 21B-75. Suspension or revocation of license. | 3 | | (a) As used in this Section, "teacher" means any school | 4 | | district employee regularly required to be licensed, as | 5 | | provided in this Article, in order to teach or supervise in the | 6 | | public schools. | 7 | | (b) The State Superintendent of Education has the exclusive | 8 | | authority, in accordance with this Section and any rules | 9 | | adopted by the State Board of Education, in consultation with | 10 | | the State Educator Preparation and Licensure Board, to initiate | 11 | | the suspension of up to 5 calendar years or revocation of any | 12 | | license issued pursuant to this Article for abuse or neglect of | 13 | | a child, immorality, a condition of health detrimental to the | 14 | | welfare of pupils, incompetency, unprofessional conduct (which | 15 | | includes the failure to disclose on an employment application | 16 | | any previous conviction for a sex offense, as defined in | 17 | | Section 21B-80 of this Code, or any other offense committed in | 18 | | any other state or against the laws of the United States that, | 19 | | if committed in this State, would be punishable as a sex | 20 | | offense, as defined in Section 21B-80 of this Code), the | 21 | | neglect of any professional duty, willful failure to report an | 22 | | instance of suspected child abuse or neglect as required by the | 23 | | Abused and Neglected Child Reporting Act, failure to establish | 24 | | satisfactory repayment on an educational loan guaranteed by the | 25 | | Illinois Student Assistance Commission, or other just cause. |
| | | 09900SB2236ham001 | - 13 - | LRB099 17046 SMS 49083 a |
|
| 1 | | Unprofessional conduct shall include the refusal to attend or | 2 | | participate in institutes, teachers' meetings, or professional | 3 | | readings or to meet other reasonable requirements of the | 4 | | regional superintendent of schools or State Superintendent of | 5 | | Education. Unprofessional conduct also includes conduct that | 6 | | violates the standards, ethics, or rules applicable to the | 7 | | security, administration, monitoring, or scoring of or the | 8 | | reporting of scores from any assessment test or examination | 9 | | administered under Section 2-3.64a-5 of this Code or that is | 10 | | known or intended to produce or report manipulated or | 11 | | artificial, rather than actual, assessment or achievement | 12 | | results or gains from the administration of those tests or | 13 | | examinations. Unprofessional conduct shall also include | 14 | | neglect or unnecessary delay in the making of statistical and | 15 | | other reports required by school officers. Incompetency shall | 16 | | include, without limitation, 2 or more school terms of service | 17 | | for which the license holder has received an unsatisfactory | 18 | | rating on a performance evaluation conducted pursuant to | 19 | | Article 24A of this Code within a period of 7 school terms of | 20 | | service. In determining whether to initiate action against one | 21 | | or more licenses based on incompetency and the recommended | 22 | | sanction for such action, the State Superintendent shall | 23 | | consider factors that include without limitation all of the | 24 | | following: | 25 | | (1) Whether the unsatisfactory evaluation ratings | 26 | | occurred prior to June 13, 2011 (the effective date of |
| | | 09900SB2236ham001 | - 14 - | LRB099 17046 SMS 49083 a |
|
| 1 | | Public Act 97-8). | 2 | | (2) Whether the unsatisfactory evaluation ratings | 3 | | occurred prior to or after the implementation date, as | 4 | | defined in Section 24A-2.5 of this Code, of an evaluation | 5 | | system for teachers in a school district. | 6 | | (3) Whether the evaluator or evaluators who performed | 7 | | an unsatisfactory evaluation met the pre-licensure and | 8 | | training requirements set forth in Section 24A-3 of this | 9 | | Code. | 10 | | (4) The time between the unsatisfactory evaluation | 11 | | ratings. | 12 | | (5) The quality of the remediation plans associated | 13 | | with the unsatisfactory evaluation ratings and whether the | 14 | | license holder successfully completed the remediation | 15 | | plans. | 16 | | (6) Whether the unsatisfactory evaluation ratings were | 17 | | related to the same or different assignments performed by | 18 | | the license holder. | 19 | | (7) Whether one or more of the unsatisfactory | 20 | | evaluation ratings occurred in the first year of a teaching | 21 | | or administrative assignment. | 22 | | When initiating an action against one or more licenses, the | 23 | | State Superintendent may seek required professional | 24 | | development as a sanction in lieu of or in addition to | 25 | | suspension or revocation. Any such required professional | 26 | | development must be at the expense of the license holder, who |
| | | 09900SB2236ham001 | - 15 - | LRB099 17046 SMS 49083 a |
|
| 1 | | may use, if available and applicable to the requirements | 2 | | established by administrative or court order, training, | 3 | | coursework, or other professional development funds in | 4 | | accordance with the terms of an applicable collective | 5 | | bargaining agreement entered into after June 13, 2011 (the | 6 | | effective date of Public Act 97-8), unless that agreement | 7 | | specifically precludes use of funds for such purpose. | 8 | | (c) The State Superintendent of Education shall, upon | 9 | | receipt of evidence of abuse or neglect of a child, immorality, | 10 | | a condition of health detrimental to the welfare of pupils, | 11 | | incompetency (subject to subsection (b) of this Section), | 12 | | unprofessional conduct, the neglect of any professional duty, | 13 | | or other just cause, further investigate and, if and as | 14 | | appropriate, serve written notice to the individual and afford | 15 | | the individual opportunity for a hearing prior to suspension, | 16 | | revocation, or other sanction; provided that the State | 17 | | Superintendent is under no obligation to initiate such an | 18 | | investigation if the Department of Children and Family Services | 19 | | is investigating the same or substantially similar allegations | 20 | | and its child protective service unit has not made its | 21 | | determination, as required under Section 7.12 of the Abused and | 22 | | Neglected Child Reporting Act. If the State Superintendent of | 23 | | Education does not receive from an individual a request for a | 24 | | hearing within 10 days after the individual receives notice, | 25 | | the suspension, revocation, or other sanction shall | 26 | | immediately take effect in accordance with the notice. If a |
| | | 09900SB2236ham001 | - 16 - | LRB099 17046 SMS 49083 a |
|
| 1 | | hearing is requested within 10 days after notice of an | 2 | | opportunity for hearing, it shall act as a stay of proceedings | 3 | | until the State Educator Preparation and Licensure Board issues | 4 | | a decision. Any hearing shall take place in the educational | 5 | | service region where the educator is or was last employed and | 6 | | in accordance with rules adopted by the State Board of | 7 | | Education, in consultation with the State Educator Preparation | 8 | | and Licensure Board, and such rules shall include without | 9 | | limitation provisions for discovery and the sharing of | 10 | | information between parties prior to the hearing. The standard | 11 | | of proof for any administrative hearing held pursuant to this | 12 | | Section shall be by the preponderance of the evidence. The | 13 | | decision of the State Educator Preparation and Licensure Board | 14 | | is a final administrative decision and is subject to judicial | 15 | | review by appeal of either party. | 16 | | The State Board of Education may refuse to issue or may | 17 | | suspend the license of any person who fails to file a return or | 18 | | to pay the tax, penalty, or interest shown in a filed return or | 19 | | to pay any final assessment of tax, penalty, or interest, as | 20 | | required by any tax Act administered by the Department of | 21 | | Revenue, until such time as the requirements of any such tax | 22 | | Act are satisfied. | 23 | | The State Board of Education shall deny a license or | 24 | | renewal authorized by this Act to a person who has defaulted on | 25 | | an educational loan provided or guaranteed by the Illinois | 26 | | Student Assistance Commission. However, the Board may issue a |
| | | 09900SB2236ham001 | - 17 - | LRB099 17046 SMS 49083 a |
|
| 1 | | license or renewal if the person has an adjusted gross income | 2 | | of less than $75,000 or has an adjusted gross income of $75,000 | 3 | | or above and has established a satisfactory repayment record as | 4 | | determined by the Illinois Student Assistance Commission | 5 | | pursuant to paragraph (5) of subsection (a) of Section 2105-15 | 6 | | of the Department of Professional Regulation Law of the Civil | 7 | | Administrative Code of Illinois. | 8 | | The exclusive authority of the State Superintendent of | 9 | | Education to initiate suspension or revocation of a license | 10 | | pursuant to this Section does not preclude a regional | 11 | | superintendent of schools from cooperating with the State | 12 | | Superintendent or a State's Attorney with respect to an | 13 | | investigation of alleged misconduct. | 14 | | (d) The State Superintendent of Education or his or her | 15 | | designee may initiate and conduct such investigations as may be | 16 | | reasonably necessary to establish the existence of any alleged | 17 | | misconduct. At any stage of the investigation, the State | 18 | | Superintendent may issue a subpoena requiring the attendance | 19 | | and testimony of a witness, including the license holder, and | 20 | | the production of any evidence, including files, records, | 21 | | correspondence, or documents, relating to any matter in | 22 | | question in the investigation. The subpoena shall require a | 23 | | witness to appear at the State Board of Education at a | 24 | | specified date and time and shall specify any evidence to be | 25 | | produced. The license holder is not entitled to be present, but | 26 | | the State Superintendent shall provide the license holder with |
| | | 09900SB2236ham001 | - 18 - | LRB099 17046 SMS 49083 a |
|
| 1 | | a copy of any recorded testimony prior to a hearing under this | 2 | | Section. Such recorded testimony must not be used as evidence | 3 | | at a hearing, unless the license holder has adequate notice of | 4 | | the testimony and the opportunity to cross-examine the witness. | 5 | | Failure of a license holder to comply with a duly issued, | 6 | | investigatory subpoena may be grounds for revocation, | 7 | | suspension, or denial of a license. | 8 | | (e) All correspondence, documentation, and other | 9 | | information so received by the regional superintendent of | 10 | | schools, the State Superintendent of Education, the State Board | 11 | | of Education, or the State Educator Preparation and Licensure | 12 | | Board under this Section is confidential and must not be | 13 | | disclosed to third parties, except (i) as necessary for the | 14 | | State Superintendent of Education or his or her designee to | 15 | | investigate and prosecute pursuant to this Article, (ii) | 16 | | pursuant to a court order, (iii) for disclosure to the license | 17 | | holder or his or her representative, or (iv) as otherwise | 18 | | required in this Article and provided that any such information | 19 | | admitted into evidence in a hearing is exempt from this | 20 | | confidentiality and non-disclosure requirement. | 21 | | (f) The State Superintendent of Education or a person | 22 | | designated by him or her shall have the power to administer | 23 | | oaths to witnesses at any hearing conducted before the State | 24 | | Educator Preparation and Licensure Board pursuant to this | 25 | | Section. The State Superintendent of Education or a person | 26 | | designated by him or her is authorized to subpoena and bring |
| | | 09900SB2236ham001 | - 19 - | LRB099 17046 SMS 49083 a |
|
| 1 | | before the State Educator Preparation and Licensure Board any | 2 | | person in this State and to take testimony either orally or by | 3 | | deposition or by exhibit, with the same fees and mileage and in | 4 | | the same manner as prescribed by law in judicial proceedings in | 5 | | civil cases in circuit courts of this State. | 6 | | (g) Any circuit court, upon the application of the State | 7 | | Superintendent of Education or the license holder, may, by | 8 | | order duly entered, require the attendance of witnesses and the | 9 | | production of relevant books and papers as part of any | 10 | | investigation or at any hearing the State Educator Preparation | 11 | | and Licensure Board is authorized to conduct pursuant to this | 12 | | Section, and the court may compel obedience to its orders by | 13 | | proceedings for contempt. | 14 | | (h) The State Board of Education shall receive an annual | 15 | | line item appropriation to cover fees associated with the | 16 | | investigation and prosecution of alleged educator misconduct | 17 | | and hearings related thereto.
| 18 | | (Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff. | 19 | | 6-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
|
|