Full Text of SB2357 102nd General Assembly
SB2357sam001 102ND GENERAL ASSEMBLY | Sen. Donald P. DeWitte Filed: 4/22/2021
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| 1 | | AMENDMENT TO SENATE BILL 2357
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2357 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 10-21.9, 21B-75, 21B-80, 21B-85, 24-11, 24-14, and | 6 | | 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 | 9 | | of the Statewide Sex Offender Database and Statewide Murderer | 10 | | and Violent Offender Against Youth Database.
| 11 | | (a) Licensed and nonlicensed applicants for employment | 12 | | with a school
district, except school bus driver applicants, | 13 | | are required as a condition
of employment to authorize a | 14 | | fingerprint-based criminal history records check to determine | 15 | | if such applicants have been convicted of any disqualifying, | 16 | | enumerated criminal or drug offenses in subsection (c) of this |
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| 1 | | Section or
have been convicted, within 7 years of the | 2 | | application for employment with
the
school district, of any | 3 | | other felony under the laws of this State or of any
offense | 4 | | committed or attempted in any other state or against the laws | 5 | | of
the United States that, if committed or attempted in this | 6 | | State, would
have been punishable as a felony under the laws of | 7 | | this State.
Authorization for
the check shall be furnished by | 8 | | the applicant to
the school district, except that if the | 9 | | applicant is a substitute teacher
seeking employment in more | 10 | | than one school district, a teacher seeking
concurrent | 11 | | part-time employment positions with more than one school
| 12 | | district (as a reading specialist, special education teacher | 13 | | or otherwise),
or an educational support personnel employee | 14 | | seeking employment positions
with more than one district, any | 15 | | such district may require the applicant to
furnish | 16 | | authorization for
the check to the regional superintendent
of | 17 | | the educational service region in which are located the school | 18 | | districts
in which the applicant is seeking employment as a | 19 | | substitute or concurrent
part-time teacher or concurrent | 20 | | educational support personnel employee.
Upon receipt of this | 21 | | authorization, the school district or the appropriate
regional | 22 | | superintendent, as the case may be, shall submit the | 23 | | applicant's
name, sex, race, date of birth, social security | 24 | | number, fingerprint images, and other identifiers, as | 25 | | prescribed by the Department
of State Police, to the | 26 | | Department. The regional
superintendent submitting the |
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| 1 | | requisite information to the Department of
State Police shall | 2 | | promptly notify the school districts in which the
applicant is | 3 | | seeking employment as a substitute or concurrent part-time
| 4 | | teacher or concurrent educational support personnel employee | 5 | | that
the
check of the applicant has been requested. The | 6 | | Department of State Police and the Federal Bureau of | 7 | | Investigation shall furnish, pursuant to a fingerprint-based | 8 | | criminal history records check, records of convictions, | 9 | | forever and hereinafter, until expunged, to the president of | 10 | | the school board for the school district that requested the | 11 | | check, or to the regional superintendent who requested the | 12 | | check.
The
Department shall charge
the school district
or the | 13 | | appropriate regional superintendent a fee for
conducting
such | 14 | | check, which fee shall be deposited in the State
Police | 15 | | Services Fund and shall not exceed the cost of
the inquiry; and | 16 | | the
applicant shall not be charged a fee for
such check by the | 17 | | school
district or by the regional superintendent, except that | 18 | | those applicants seeking employment as a substitute teacher | 19 | | with a school district may be charged a fee not to exceed the | 20 | | cost of the inquiry. Subject to appropriations for these | 21 | | purposes, the State Superintendent of Education shall | 22 | | reimburse school districts and regional superintendents for | 23 | | fees paid to obtain criminal history records checks under this | 24 | | Section.
| 25 | | (a-5) The school district or regional superintendent shall | 26 | | further perform a check of the Statewide Sex Offender |
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| 1 | | Database, as authorized by the Sex Offender Community | 2 | | Notification Law, for each applicant. The check of the | 3 | | Statewide Sex Offender Database must be conducted by the | 4 | | school district or regional superintendent once for every 5 | 5 | | years that an applicant remains employed by the school | 6 | | district. | 7 | | (a-6) The school district or regional superintendent shall | 8 | | further perform a check of the Statewide Murderer and Violent | 9 | | Offender Against Youth Database, as authorized by the Murderer | 10 | | and Violent Offender Against Youth Community Notification Law, | 11 | | for each applicant. The check of the Murderer and Violent | 12 | | Offender Against Youth Database must be conducted by the | 13 | | school district or regional superintendent once for every 5 | 14 | | years that an applicant remains employed by the school | 15 | | district. | 16 | | (b)
Any information
concerning the record of convictions | 17 | | obtained by the president of the
school board or the regional | 18 | | superintendent shall be confidential and may
only be | 19 | | transmitted to the superintendent of the school district or | 20 | | his
designee, the appropriate regional superintendent if
the | 21 | | check was
requested by the school district, the presidents of | 22 | | the appropriate school
boards if
the check was requested from | 23 | | the Department of State
Police by the regional superintendent, | 24 | | the State Board of Education and a school district as | 25 | | authorized under subsection (b-5), the State Superintendent of
| 26 | | Education, the State Educator Preparation and Licensure Board, |
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| 1 | | any other person
necessary to the decision of hiring the | 2 | | applicant for employment, or for clarification purposes the | 3 | | Department of State Police or Statewide Sex Offender Database, | 4 | | or both. A copy
of the record of convictions obtained from the | 5 | | Department of State Police
shall be provided to the applicant | 6 | | for employment. Upon the check of the Statewide Sex Offender | 7 | | Database or Statewide Murderer and Violent Offender Against | 8 | | Youth Database, the school district or regional superintendent | 9 | | shall notify an applicant as to whether or not the applicant | 10 | | has been identified in the Database. If a check of
an applicant | 11 | | for employment as a substitute or concurrent part-time teacher
| 12 | | or concurrent educational support personnel employee in more | 13 | | than one
school district was requested by the regional | 14 | | superintendent, and the
Department of State Police upon a | 15 | | check ascertains that the applicant
has not been convicted of | 16 | | any of the enumerated criminal or drug offenses
in subsection | 17 | | (c) of this Section
or has not been convicted, within 7 years | 18 | | of the
application for
employment with the
school district, of | 19 | | any other felony under the laws of this State or of any
offense | 20 | | committed or attempted in any other state or against the laws | 21 | | of
the United States that, if committed or attempted in this | 22 | | State, would
have been punishable as a felony under the laws of | 23 | | this State
and so notifies the regional
superintendent and if | 24 | | the regional superintendent upon a check ascertains that the | 25 | | applicant has not been identified in the Sex Offender Database | 26 | | or Statewide Murderer and Violent Offender Against Youth |
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| 1 | | Database, 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) of this Section
or has not been
| 6 | | convicted, within 7 years of the application for employment | 7 | | with the
school district, of any other felony under the laws of | 8 | | this State or of any
offense committed or attempted in any | 9 | | other state or against the laws of
the United States that, if | 10 | | committed or attempted in this State, would
have been | 11 | | punishable as a felony under the laws of this State and | 12 | | evidencing that as of the date that the regional | 13 | | superintendent conducted a check of the Statewide Sex Offender | 14 | | Database or Statewide Murderer and Violent Offender Against | 15 | | Youth Database, the applicant has not been identified in the | 16 | | Database. The school
board of
any
school district
may rely on | 17 | | the
certificate issued by any regional superintendent to that | 18 | | substitute teacher, concurrent part-time teacher, or | 19 | | concurrent educational support personnel employee or may
| 20 | | initiate its own criminal history records check of the | 21 | | applicant through the Department of
State Police and its own | 22 | | check of the Statewide Sex Offender Database or Statewide | 23 | | Murderer and Violent Offender Against Youth Database as | 24 | | provided in this Section. Any unauthorized release of | 25 | | confidential information may be a violation of Section 7 of | 26 | | the Criminal Identification Act.
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| 1 | | (b-5) If a criminal history records check or check of the | 2 | | Statewide Sex Offender Database or Statewide Murderer and | 3 | | Violent Offender Against Youth Database is performed by a | 4 | | regional superintendent for an applicant seeking employment as | 5 | | a substitute teacher with a school district, the regional | 6 | | superintendent may disclose to the State Board of Education | 7 | | whether the applicant has been issued a certificate under | 8 | | subsection (b) based on those checks. If the State Board | 9 | | receives information on an applicant under this subsection, | 10 | | then it must indicate in the Educator Licensure Information | 11 | | System for a 90-day period that the applicant has been issued | 12 | | or has not been issued a certificate. | 13 | | (c) No school board shall knowingly employ a person who | 14 | | has been
convicted of any offense that would subject him or her | 15 | | to license suspension or revocation pursuant to Section 21B-80 | 16 | | of this Code, except as provided under subsection (b) of | 17 | | Section 21B-80.
Further, no school board shall knowingly | 18 | | employ a person who has been found
to be the perpetrator of | 19 | | sexual or physical abuse of any minor under 18 years
of age | 20 | | pursuant to proceedings under Article II of the Juvenile Court | 21 | | Act of
1987. As a condition of employment, each school board | 22 | | must consider the status of a person who has been issued an | 23 | | indicated finding of abuse or neglect of a child by the | 24 | | Department of Children and Family Services under the Abused | 25 | | and Neglected Child Reporting Act or by a child welfare agency | 26 | | of another jurisdiction.
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| 1 | | (d) No school board shall knowingly employ a person for | 2 | | whom a criminal
history records check and a Statewide Sex | 3 | | Offender Database check have not been initiated.
| 4 | | (e) Within 10 days after a superintendent, regional office | 5 | | of education, or entity that provides background checks of | 6 | | license holders to public schools receives information of a | 7 | | pending criminal charge against a license holder for an | 8 | | offense set forth in Section 21B-80 of this Code, the | 9 | | superintendent, regional office of education, or entity must | 10 | | notify the State Superintendent of Education of the pending | 11 | | criminal charge. | 12 | | If permissible by federal or State law, no later than 15 | 13 | | business days after receipt of a record of conviction or of | 14 | | checking the Statewide Murderer and Violent Offender Against | 15 | | Youth Database or the Statewide Sex Offender Database and | 16 | | finding a registration, the superintendent of the employing | 17 | | school board or the applicable regional superintendent shall, | 18 | | in writing, notify the State Superintendent of Education of | 19 | | any license holder who has been convicted of a crime set forth | 20 | | in Section 21B-80 of this Code. Upon receipt of the record of a | 21 | | conviction of or a finding of child
abuse by a holder of any | 22 | | license
issued pursuant to Article 21B or Section 34-8.1 or | 23 | | 34-83 of the
School Code, the
State Superintendent of | 24 | | Education may initiate licensure suspension
and revocation | 25 | | proceedings as authorized by law. If the receipt of the record | 26 | | of conviction or finding of child abuse is received within 6 |
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| 1 | | months after the initial grant of or renewal of a license, the | 2 | | State Superintendent of Education may rescind the license | 3 | | holder's license.
| 4 | | (e-5) The superintendent of the employing school board | 5 | | shall, in writing, notify the State Superintendent of | 6 | | Education and the applicable regional superintendent of | 7 | | schools of any license holder whom he or she has reasonable | 8 | | cause to believe has committed an intentional act of abuse or | 9 | | neglect with the result of making a child an abused child or a | 10 | | neglected child, as defined in Section 3 of the Abused and | 11 | | Neglected Child Reporting Act, and that act resulted in the | 12 | | license holder's dismissal or resignation from the school | 13 | | district. This notification must be submitted within 30 days | 14 | | after the dismissal or resignation and must include the | 15 | | Illinois Educator Identification Number (IEIN) of the license | 16 | | holder and a brief description of the misconduct alleged . The | 17 | | license holder must also be contemporaneously sent a copy of | 18 | | the notice by the superintendent. All correspondence, | 19 | | documentation, and other information so received by the | 20 | | regional superintendent of schools, the State Superintendent | 21 | | of Education, the State Board of Education, or the State | 22 | | Educator Preparation and Licensure Board under this subsection | 23 | | (e-5) is confidential and must not be disclosed to third | 24 | | parties, except (i) as necessary for the State Superintendent | 25 | | of Education or his or her designee to investigate and | 26 | | prosecute pursuant to Article 21B of this Code, (ii) pursuant |
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| 1 | | to a court order, (iii) for disclosure to the license holder or | 2 | | his or her representative, or (iv) as otherwise provided in | 3 | | this Article and provided that any such information admitted | 4 | | into evidence in a hearing is exempt from this confidentiality | 5 | | and non-disclosure requirement. Except for an act of willful | 6 | | or wanton misconduct, any superintendent who provides | 7 | | notification as required in this subsection (e-5) shall have | 8 | | immunity from any liability, whether civil or criminal or that | 9 | | otherwise might result by reason of such action. | 10 | | (f) After January 1, 1990 the provisions of this Section | 11 | | shall apply
to all employees of persons or firms holding | 12 | | contracts with any school
district including, but not limited | 13 | | to, food service workers, school bus
drivers and other | 14 | | transportation employees, who have direct, daily contact
with | 15 | | the pupils of any school in such district. For purposes of | 16 | | criminal
history records checks and checks of the Statewide | 17 | | Sex Offender Database on employees of persons or firms holding
| 18 | | contracts with more than one school district and assigned to | 19 | | more than one
school district, the regional superintendent of | 20 | | the educational service
region in which the contracting school | 21 | | districts are located may, at the
request of any such school | 22 | | district, be responsible for receiving the
authorization for
a | 23 | | criminal history records check prepared by each such employee | 24 | | and
submitting the same to the Department of State Police and | 25 | | for conducting a check of the Statewide Sex Offender Database | 26 | | for each employee. Any information
concerning the record of |
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| 1 | | conviction and identification as a sex offender of any such | 2 | | employee obtained by the
regional superintendent shall be | 3 | | promptly reported to the president of the
appropriate school | 4 | | board or school boards.
| 5 | | (f-5) Upon request of a school or school district, any | 6 | | information obtained by a school district pursuant to | 7 | | subsection (f) of this Section within the last year must be | 8 | | made available to the requesting school or school district. | 9 | | (g) Prior to the commencement of any student teaching | 10 | | experience or required internship (which is referred to as | 11 | | student teaching in this Section) in the public schools, a | 12 | | student teacher is required to authorize a fingerprint-based | 13 | | criminal history records check. Authorization for and payment | 14 | | of the costs of the check must be furnished by the student | 15 | | teacher to the school district where the student teaching is | 16 | | to be completed. Upon receipt of this authorization and | 17 | | payment, the school district shall submit the student | 18 | | teacher's name, sex, race, date of birth, social security | 19 | | number, fingerprint images, and other identifiers, as | 20 | | prescribed by the Department of State Police, to the | 21 | | Department of State Police. The Department of State Police and | 22 | | the Federal Bureau of Investigation shall furnish, pursuant to | 23 | | a fingerprint-based criminal history records check, records of | 24 | | convictions, forever and hereinafter, until expunged, to the | 25 | | president of the school board for the school district that | 26 | | requested the check. The Department shall charge the school |
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| 1 | | district a fee for conducting the check, which fee must not | 2 | | exceed the cost of the inquiry and must be deposited into the | 3 | | State Police Services Fund. The school district shall further | 4 | | perform a check of the Statewide Sex Offender Database, as | 5 | | authorized by the Sex Offender Community Notification Law, and | 6 | | of the Statewide Murderer and Violent Offender Against Youth | 7 | | Database, as authorized by the Murderer and Violent Offender | 8 | | Against Youth Registration Act, for each student teacher. No | 9 | | school board may knowingly allow a person to student teach for | 10 | | whom a criminal history records check, a Statewide Sex | 11 | | Offender Database check, and a Statewide Murderer and Violent | 12 | | Offender Against Youth Database check have not been completed | 13 | | and reviewed by the district. | 14 | | A copy of the record of convictions obtained from the | 15 | | Department of State Police must be provided to the student | 16 | | teacher. Any information concerning the record of convictions | 17 | | obtained by the president of the school board is confidential | 18 | | and may only be transmitted to the superintendent of the | 19 | | school district or his or her designee, the State | 20 | | Superintendent of Education, the State Educator Preparation | 21 | | and Licensure Board, or, for clarification purposes, the | 22 | | Department of State Police or the Statewide Sex Offender | 23 | | Database or Statewide Murderer and Violent Offender Against | 24 | | Youth Database. Any unauthorized release of confidential | 25 | | information may be a violation of Section 7 of the Criminal | 26 | | Identification Act. |
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| 1 | | No school board shall knowingly allow a person to student | 2 | | teach who has been convicted of any offense that would subject | 3 | | him or her to license suspension or revocation pursuant to | 4 | | subsection (c) of Section 21B-80 of this Code, except as | 5 | | provided under subsection (b) of Section 21B-80. Further, no | 6 | | school board shall allow a person to student teach if he or she | 7 | | has been found to be the perpetrator of sexual or physical | 8 | | abuse of a minor under 18 years of age pursuant to proceedings | 9 | | under Article II of the Juvenile Court Act of 1987. Each school | 10 | | board must consider the status of a person to student teach who | 11 | | has been issued an indicated finding of abuse or neglect of a | 12 | | child by the Department of Children and Family Services under | 13 | | the Abused and Neglected Child Reporting Act or by a child | 14 | | welfare agency of another jurisdiction. | 15 | | (h) (Blank). | 16 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 17 | | 101-643, eff. 6-18-20.)
| 18 | | (105 ILCS 5/21B-75) | 19 | | Sec. 21B-75. Suspension or revocation of license , | 20 | | endorsement, or approval . | 21 | | (a) As used in this Section, "teacher" means any school | 22 | | district employee regularly required to be licensed, as | 23 | | provided in this Article, in order to teach or supervise in the | 24 | | public schools. | 25 | | (b) The State Superintendent of Education has the |
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| 1 | | exclusive authority, in accordance with this Section and any | 2 | | rules adopted by the State Board of Education, in consultation | 3 | | with the State Educator Preparation and Licensure Board, to | 4 | | initiate the suspension of up to 5 calendar years or | 5 | | revocation of any license , endorsement, or approval issued | 6 | | pursuant to this Article for abuse or neglect of a child, | 7 | | immorality, a condition of health detrimental to the welfare | 8 | | of pupils, incompetency, unprofessional conduct (which | 9 | | includes the failure to disclose on an employment application | 10 | | any previous conviction for a sex offense, as defined in | 11 | | Section 21B-80 of this Code, or any other offense committed in | 12 | | any other state or against the laws of the United States that, | 13 | | if committed in this State, would be punishable as a sex | 14 | | offense, as defined in Section 21B-80 of this Code), the | 15 | | neglect of any professional duty, willful or negligent failure | 16 | | to report an instance of suspected child abuse or neglect as | 17 | | required by the Abused and Neglected Child Reporting Act, or | 18 | | other just cause. Negligent failure to report an instance of | 19 | | suspected child abuse or neglect occurs when a teacher | 20 | | personally observes an instance of suspected child abuse or | 21 | | neglect and reasonably believes, in his or her professional or | 22 | | official capacity, that the instance constitutes an act of | 23 | | child abuse or neglect under the Abused and Neglected Child | 24 | | Reporting Act, and he or she, without willful intent, fails to | 25 | | immediately report or cause a report to be made of the | 26 | | suspected abuse or neglect to the Department of Children and |
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| 1 | | Family Services, as required by the Abused and Neglected Child | 2 | | Reporting Act. Unprofessional conduct shall include the | 3 | | refusal to attend or participate in institutes, teachers' | 4 | | meetings, or professional readings or to meet other reasonable | 5 | | requirements of the regional superintendent of schools 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 test | 10 | | or examination administered under Section 2-3.64a-5 of this | 11 | | Code or that is known or intended to produce or report | 12 | | manipulated or artificial, rather than actual, assessment or | 13 | | achievement results or gains from the administration of those | 14 | | tests or examinations. Unprofessional conduct shall also | 15 | | include neglect or unnecessary delay in the making of | 16 | | statistical and other reports required by school officers. | 17 | | Incompetency shall include, without limitation, 2 or more | 18 | | school terms of service for which the license holder has | 19 | | received an unsatisfactory rating on a performance evaluation | 20 | | conducted pursuant to Article 24A of this Code within a period | 21 | | of 7 school terms of service. In determining whether to | 22 | | initiate action against one or more licenses based on | 23 | | incompetency and the recommended sanction for such action, the | 24 | | State Superintendent shall consider factors that include | 25 | | without 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 | 22 | | teaching or administrative assignment. | 23 | | When initiating an action against one or more licenses, the | 24 | | State Superintendent may seek required professional | 25 | | development as a sanction in lieu of or in addition to | 26 | | suspension or revocation. Any such required professional |
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| 1 | | development must be at the expense of the license holder, who | 2 | | may use, if available and applicable to the requirements | 3 | | established by administrative or court order, training, | 4 | | coursework, or other professional development funds in | 5 | | accordance with the terms of an applicable collective | 6 | | bargaining agreement entered into after June 13, 2011 (the | 7 | | effective date of Public Act 97-8), unless that agreement | 8 | | specifically precludes use of funds for such purpose. | 9 | | (c) The State Superintendent of Education shall, upon | 10 | | receipt of evidence of abuse or neglect of a child, | 11 | | immorality, a condition of health detrimental to the welfare | 12 | | of pupils, incompetency (subject to subsection (b) of this | 13 | | Section), unprofessional conduct, the neglect of any | 14 | | professional duty, or other just cause, further investigate | 15 | | and, if and as appropriate, serve written notice to the | 16 | | individual and afford the individual opportunity for a hearing | 17 | | prior to suspension, revocation, or other sanction; provided | 18 | | that the State Superintendent is under no obligation to | 19 | | initiate such an investigation if the Department of Children | 20 | | and Family Services is investigating the same or substantially | 21 | | similar allegations and its child protective service unit has | 22 | | not made its determination, as required under Section 7.12 of | 23 | | the Abused and Neglected Child Reporting Act. If the State | 24 | | Superintendent of Education does not receive from an | 25 | | individual a request for a hearing within 10 days after the | 26 | | individual receives notice, the suspension, revocation, or |
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| 1 | | other sanction shall immediately take effect in accordance | 2 | | with the notice. If a hearing is requested within 10 days after | 3 | | notice of an opportunity for hearing, it shall act as a stay of | 4 | | proceedings until the State Educator Preparation and Licensure | 5 | | Board issues a decision. Any hearing shall take place in the | 6 | | educational service region where the educator is or was last | 7 | | employed and in accordance with rules adopted by the State | 8 | | Board of Education, in consultation with the State Educator | 9 | | Preparation and Licensure Board, and such rules shall include | 10 | | without limitation provisions for discovery and the sharing of | 11 | | information between parties prior to the hearing. The standard | 12 | | of proof for any administrative hearing held pursuant to this | 13 | | Section shall be by the preponderance of the evidence. The | 14 | | decision of the State Educator Preparation and Licensure Board | 15 | | is a final administrative decision and is subject to judicial | 16 | | review by appeal of either party. | 17 | | The State Board of Education may refuse to issue or may | 18 | | suspend the license of any person who fails to file a return or | 19 | | to pay the tax, penalty, or interest shown in a filed return or | 20 | | to pay any final assessment of tax, penalty, or interest, as | 21 | | required by any tax Act administered by the Department of | 22 | | Revenue, until such time as the requirements of any such tax | 23 | | Act are satisfied. | 24 | | The exclusive authority of the State Superintendent of | 25 | | Education to initiate suspension or revocation of a license | 26 | | pursuant to this Section does not preclude a regional |
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| 1 | | superintendent of schools from cooperating with the State | 2 | | Superintendent or a State's Attorney with respect to an | 3 | | investigation of alleged misconduct. | 4 | | (d) The State Superintendent of Education or his or her | 5 | | designee may initiate and conduct such investigations as may | 6 | | be reasonably necessary to establish the existence of any | 7 | | alleged misconduct. At any stage of the investigation, the | 8 | | State Superintendent may issue a subpoena requiring the | 9 | | attendance and testimony of a witness, including the license | 10 | | holder, and the production of any evidence, including files, | 11 | | records, correspondence, or documents, relating to any matter | 12 | | in question in the investigation. The subpoena shall require a | 13 | | witness to appear at the State Board of Education at a | 14 | | specified date and time and shall specify any evidence to be | 15 | | produced. The license holder is not entitled to be present, | 16 | | but the State Superintendent shall provide the license holder | 17 | | with a copy of any recorded testimony prior to a hearing under | 18 | | this Section. Such recorded testimony must not be used as | 19 | | evidence at a hearing, unless the license holder has adequate | 20 | | notice of the testimony and the opportunity to cross-examine | 21 | | the witness. Failure of a license holder to comply with a duly | 22 | | issued, investigatory subpoena may be grounds for revocation, | 23 | | suspension, or denial of a license. | 24 | | (e) All correspondence, documentation, and other | 25 | | information so received by the regional superintendent of | 26 | | schools, the State Superintendent of Education, the State |
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| 1 | | Board of Education, or the State Educator Preparation and | 2 | | Licensure Board under this Section is confidential and must | 3 | | not be disclosed to third parties, except (i) as necessary for | 4 | | the State Superintendent of Education or his or her designee | 5 | | to investigate and prosecute pursuant to this Article, (ii) | 6 | | pursuant to a court order, (iii) for disclosure to the license | 7 | | holder or his or her representative, or (iv) as otherwise | 8 | | required in this Article and provided that any such | 9 | | information admitted into evidence in a hearing is exempt from | 10 | | this confidentiality and non-disclosure requirement. | 11 | | (f) The State Superintendent of Education or a person | 12 | | designated by him or her shall have the power to administer | 13 | | oaths to witnesses at any hearing conducted before the State | 14 | | Educator Preparation and Licensure Board pursuant to this | 15 | | Section. The State Superintendent of Education or a person | 16 | | designated by him or her is authorized to subpoena and bring | 17 | | before the State Educator Preparation and Licensure Board any | 18 | | person in this State and to take testimony either orally or by | 19 | | deposition or by exhibit, with the same fees and mileage and in | 20 | | the same manner as prescribed by law in judicial proceedings | 21 | | in civil cases in circuit courts of this State. | 22 | | (g) Any circuit court, upon the application of the State | 23 | | Superintendent of Education or the license holder, may, by | 24 | | order duly entered, require the attendance of witnesses and | 25 | | the production of relevant books and papers as part of any | 26 | | investigation or at any hearing the State Educator Preparation |
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| 1 | | and Licensure Board is authorized to conduct pursuant to this | 2 | | Section, and the court may compel obedience to its orders by | 3 | | proceedings for contempt. | 4 | | (h) The State Board of Education shall receive an annual | 5 | | line item appropriation to cover fees associated with the | 6 | | investigation and prosecution of alleged educator misconduct | 7 | | and hearings related thereto.
| 8 | | (Source: P.A. 100-872, eff. 8-14-18; 101-531, eff. 8-23-19.) | 9 | | (105 ILCS 5/21B-80) | 10 | | Sec. 21B-80. Conviction of certain offenses as grounds for | 11 | | disqualification for licensure or suspension or revocation of | 12 | | a license. | 13 | | (a) As used in this Section: | 14 | | "Drug offense" means any one or more of the following | 15 | | offenses: | 16 | | (1) Any offense defined in the Cannabis Control Act, | 17 | | except those defined in subdivisions (a), (b), and (c) of | 18 | | Section 4 and subdivisions (a) and (b) of Section 5 of the | 19 | | Cannabis Control Act and any offense for which the holder | 20 | | of a license is placed on probation under the provisions | 21 | | of Section 10 of the Cannabis Control Act, provided that | 22 | | if the terms and conditions of probation required by the | 23 | | court are not fulfilled, the offense is not eligible for | 24 | | this exception. | 25 | | (2) Any offense defined in the Illinois Controlled |
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| 1 | | Substances Act, except any offense for which the holder of | 2 | | a license is placed on probation under the provisions of | 3 | | Section 410 of the Illinois Controlled Substances Act, | 4 | | provided that if the terms and conditions of probation | 5 | | required by the court are not fulfilled, the offense is | 6 | | not eligible for this exception. | 7 | | (3) Any offense defined in the Methamphetamine Control | 8 | | and Community Protection Act, except any offense for which | 9 | | the holder of a license is placed on probation under the | 10 | | provision of Section 70 of that Act, provided that if the | 11 | | terms and conditions of probation required by the court | 12 | | are not fulfilled, the offense is not eligible for this | 13 | | exception. | 14 | | (4) Any attempt to commit any of the offenses listed | 15 | | in items (1) through (3) of this definition. | 16 | | (5) Any offense committed or attempted in any other | 17 | | state or against the laws of the United States that, if | 18 | | committed or attempted in this State, would have been | 19 | | punishable as one or more of the offenses listed in items | 20 | | (1) through (4) of this definition. | 21 | | The changes made by Public Act 96-431 to this definition are | 22 | | declaratory of existing law. | 23 | | "Sentence" includes any period of supervised release or | 24 | | probation that was imposed either alone or in combination with | 25 | | a period of incarceration. | 26 | | "Sex or other offense" means any one or more of the |
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| 1 | | following offenses: | 2 | | (A) Any offense defined in Article 9 of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012; Sections 11-6, | 4 | | 11-9 through 11-9.5, inclusive, and 11-30 (if punished as | 5 | | a Class 4 felony) of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012; Sections 11-14.1 through 11-21, | 7 | | inclusive, of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012; Sections 11-23 (if punished as a Class 3 | 9 | | felony), 11-24, 11-25, and 11-26 of the Criminal Code of | 10 | | 1961 or the Criminal Code of 2012; Section 10-5.1, | 11 | | subsection (c) of Section 10-9, and Sections 11-6.6, | 12 | | 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5, | 13 | | and 12-35 of the Criminal Code of 2012; and Sections | 14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | 15 | | 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if | 16 | | punished pursuant to subdivision (4) or (5) of subsection | 17 | | (d) of Section 26-4) of the Criminal Code of 1961 or the | 18 | | Criminal Code of 2012. | 19 | | (B) Any attempt to commit any of the offenses listed | 20 | | in item (A) of this definition. | 21 | | (C) Any offense committed or attempted in any other | 22 | | state that, if committed or attempted in this State, would | 23 | | have been punishable as one or more of the offenses listed | 24 | | in items (A) and (B) of this definition. | 25 | | (b) Whenever the holder of any license issued pursuant to | 26 | | this Article or applicant for a license to be issued pursuant |
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| 1 | | to this Article has been convicted of any drug offense, other | 2 | | than as provided in subsection (c) of this Section, the State | 3 | | Superintendent of Education shall forthwith suspend the | 4 | | license or deny the application, whichever is applicable, | 5 | | until 7 years following the end of the sentence for the | 6 | | criminal offense. If the conviction is reversed and the holder | 7 | | is acquitted of the offense in a new trial or the charges | 8 | | against him or her are dismissed, the State Superintendent of | 9 | | Education shall forthwith terminate the suspension of the | 10 | | license. | 11 | | (b-5) Whenever the holder of a license issued pursuant to | 12 | | this Article or applicant for a license to be issued pursuant | 13 | | to this Article has been charged with attempting to commit, | 14 | | conspiring to commit, soliciting, or committing any sex or | 15 | | other offense, as enumerated under item (A) of subsection (a), | 16 | | first degree murder, or a Class X felony or any offense | 17 | | committed or attempted in any other state or against the laws | 18 | | of the United States that, if committed or attempted in this | 19 | | State, would have been punishable as one or more of the | 20 | | foregoing offenses, the State Superintendent of Education | 21 | | shall immediately suspend the license or deny the application | 22 | | until the person's criminal charges are adjudicated through a | 23 | | court of competent jurisdiction. If the person is acquitted, | 24 | | his or her license or application shall be immediately | 25 | | reinstated. | 26 | | (c) Whenever the holder of a license issued pursuant to |
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| 1 | | this Article or applicant for a license to be issued pursuant | 2 | | to this Article has been convicted of attempting to commit, | 3 | | conspiring to commit, soliciting, or committing any sex or | 4 | | other offense, as enumerated under item (A) of subsection (a), | 5 | | first degree murder, or a Class X felony or any offense | 6 | | committed or attempted in any other state or against the laws | 7 | | of the United States that, if committed or attempted in this | 8 | | State, would have been punishable as one or more of the | 9 | | foregoing offenses, the State Superintendent of Education | 10 | | shall forthwith suspend the license or deny the application, | 11 | | whichever is applicable. If the conviction is reversed and the | 12 | | holder is acquitted of that offense in a new trial or the | 13 | | charges that he or she committed that offense are dismissed, | 14 | | the State Superintendent of Education shall forthwith | 15 | | terminate the suspension of the license. When the conviction | 16 | | becomes final, the State Superintendent of Education shall | 17 | | forthwith revoke the license.
| 18 | | (Source: P.A. 101-531, eff. 8-23-19.) | 19 | | (105 ILCS 5/21B-85) | 20 | | Sec. 21B-85. Conviction of felony. | 21 | | (a) Whenever the holder of any license issued under this | 22 | | Article is employed by the school board of a school district, | 23 | | including a special charter district or a school district | 24 | | organized under Article 34 of this Code, and is convicted, | 25 | | either after a bench trial, trial by jury, or plea of guilty, |
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| 1 | | of any offense for which a sentence to death or a term of | 2 | | imprisonment in a penitentiary for one year or more is | 3 | | provided, the school board shall promptly notify the State | 4 | | Superintendent of Education, in writing, of the name of the | 5 | | license holder, the fact of the conviction, and the name and | 6 | | location of the court in which the conviction occurred. | 7 | | (b) Whenever the school board of a school district, | 8 | | including a special charter district or a school district | 9 | | organized under Article 34 of this Code, State Superintendent | 10 | | of Education receives notice of a conviction under subsection | 11 | | (a) of this Section or otherwise learns that any person who is | 12 | | a teacher, as that term is defined in Section 16-106 of the | 13 | | Illinois Pension Code, has been convicted, either after a | 14 | | bench trial, trial by jury, or plea of guilty, of any offense | 15 | | for which a sentence to death or a term of imprisonment in a | 16 | | penitentiary for one year or more is provided, the school | 17 | | board State Superintendent of Education shall promptly notify, | 18 | | in writing, the board of trustees of the Teachers' Retirement | 19 | | System of the State of Illinois and the board of trustees of | 20 | | the Public School Teachers' Pension and Retirement Fund of the | 21 | | City of Chicago of the name of the license holder, the fact of | 22 | | the conviction, the name and location of the court in which the | 23 | | conviction occurred, and the number assigned in that court to | 24 | | the case in which the conviction occurred.
| 25 | | (Source: P.A. 97-607, eff. 8-26-11.)
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| 1 | | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
| 2 | | Sec. 24-11. Boards of Education - Boards of School | 3 | | Inspectors -
Contractual continued service. | 4 | | (a) As used in this and the succeeding
Sections of this | 5 | | Article:
| 6 | | "Teacher" means any or all school district employees | 7 | | regularly required to be licensed
certified under laws | 8 | | relating to the licensure certification of teachers.
| 9 | | "Board" means board of directors, board of education, or | 10 | | board of school
inspectors, as the case may be.
| 11 | | "School term" means that portion of the school year, July | 12 | | 1 to the following
June 30, when school is in actual session.
| 13 | | "Program" means a program of a special education joint | 14 | | agreement. | 15 | | "Program of a special education joint agreement" means | 16 | | instructional, consultative, supervisory, administrative, | 17 | | diagnostic, and related services that are managed by a special | 18 | | educational joint agreement designed to service 2 or more | 19 | | school districts that are members of the joint agreement. | 20 | | "PERA implementation date" means the implementation date | 21 | | of an evaluation system for teachers as specified by Section | 22 | | 24A-2.5 of this Code for all schools within a school district | 23 | | or all programs of a special education joint agreement. | 24 | | (b) This Section and Sections 24-12 through 24-16 of this | 25 | | Article apply only to
school districts having less than | 26 | | 500,000 inhabitants.
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| 1 | | (c) Any teacher who is first employed as a full-time | 2 | | teacher in a school district or program prior to the PERA | 3 | | implementation date and who is employed in that district or | 4 | | program for
a probationary period of 4 consecutive school | 5 | | terms shall enter upon
contractual continued service in the | 6 | | district or in all of the programs that the teacher is legally | 7 | | qualified to hold, unless the teacher is given written notice | 8 | | of dismissal by certified mail, return receipt requested, by
| 9 | | the employing board at least 45 days before the end of any | 10 | | school term within such
period.
| 11 | | (d) For any teacher who is first employed as a full-time | 12 | | teacher in a school district or program on or after the PERA | 13 | | implementation date, the probationary period shall be one of | 14 | | the following periods, based upon the teacher's school terms | 15 | | of service and performance, before the teacher shall enter | 16 | | upon contractual continued service in the district or in all | 17 | | of the programs that the teacher is legally qualified to hold, | 18 | | unless the teacher is given written notice of dismissal by | 19 | | certified mail, return receipt requested, by the employing | 20 | | board at least 45 days before the end of any school term within | 21 | | such period: | 22 | | (1) 4 consecutive school terms of service in which the | 23 | | teacher receives overall annual evaluation ratings of at | 24 | | least "Proficient" in the last school term and at least | 25 | | "Proficient" in either the second or third school term; | 26 | | (2) 3 consecutive school terms of service in which the |
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| 1 | | teacher receives 3 overall annual evaluations of | 2 | | "Excellent"; or | 3 | | (3) 2 consecutive school terms of service in which the | 4 | | teacher receives 2 overall annual evaluations of | 5 | | "Excellent" service, but only if the teacher (i) | 6 | | previously attained contractual continued service in a | 7 | | different school district or program in this State, (ii) | 8 | | voluntarily departed or was honorably dismissed from that | 9 | | school district or program in the school term immediately | 10 | | prior to the teacher's first school term of service | 11 | | applicable to the attainment of contractual continued | 12 | | service under this subdivision (3), and (iii) received, in | 13 | | his or her 2 most recent overall annual or biennial | 14 | | evaluations from the prior school district or program, | 15 | | ratings of at least "Proficient", with both such ratings | 16 | | occurring after the school district's or program's PERA | 17 | | implementation date. For a teacher to attain contractual | 18 | | continued service under this subdivision (3), the teacher | 19 | | shall provide official copies of his or her 2 most recent | 20 | | overall annual or biennial evaluations from the prior | 21 | | school district or program to the new school district or | 22 | | program within 60 days from the teacher's first day of | 23 | | service with the new school district or program. The prior | 24 | | school district or program must provide the teacher with | 25 | | official copies of his or her 2 most recent overall annual | 26 | | or biennial evaluations within 14 days after the teacher's |
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| 1 | | request. If a teacher has requested such official copies | 2 | | prior to 45 days after the teacher's first day of service | 3 | | with the new school district or program and the teacher's | 4 | | prior school district or program fails to provide the | 5 | | teacher with the official copies required under this | 6 | | subdivision (3), then the time period for the teacher to | 7 | | submit the official copies to his or her new school | 8 | | district or program must be extended until 14 days after | 9 | | receipt of such copies from the prior school district or | 10 | | program. If the prior school district or program fails to | 11 | | provide the teacher with the official copies required | 12 | | under this subdivision (3) within 90 days from the | 13 | | teacher's first day of service with the new school | 14 | | district or program, then the new school district or | 15 | | program shall rely upon the teacher's own copies of his or | 16 | | her evaluations for purposes of this subdivision (3). | 17 | | If the teacher does not receive overall annual evaluations | 18 | | of "Excellent" in the school terms necessary for eligibility | 19 | | to achieve accelerated contractual continued service in | 20 | | subdivisions (2) and (3) of this subsection (d), the teacher | 21 | | shall be eligible for contractual continued service pursuant | 22 | | to subdivision (1) of this subsection (d). If, at the | 23 | | conclusion of 4 consecutive school terms of service that count | 24 | | toward attainment of contractual continued service, the | 25 | | teacher's performance does not qualify the teacher for | 26 | | contractual continued service under subdivision (1) of this |
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| 1 | | subsection (d), then the teacher shall not enter upon | 2 | | contractual continued service and shall be dismissed. If a | 3 | | performance evaluation is not conducted for any school term | 4 | | when such evaluation is required to be conducted under Section | 5 | | 24A-5 of this Code, then the teacher's performance evaluation | 6 | | rating for such school term for purposes of determining the | 7 | | attainment of contractual continued service shall be deemed | 8 | | "Proficient", except that, during any time in which the | 9 | | Governor has declared a disaster due to a public health | 10 | | emergency pursuant to Section 7 of the Illinois Emergency | 11 | | Management Agency Act, this default to "Proficient" does not | 12 | | apply to any teacher who has entered into contractual | 13 | | continued service and who was deemed "Excellent" on his or her | 14 | | most recent evaluation. During any time in which the Governor | 15 | | has declared a disaster due to a public health emergency | 16 | | pursuant to Section 7 of the Illinois Emergency Management | 17 | | Agency Act and unless the school board and any exclusive | 18 | | bargaining representative have completed the performance | 19 | | rating for teachers or mutually agreed to an alternate | 20 | | performance rating, any teacher who has entered into | 21 | | contractual continued service, whose most recent evaluation | 22 | | was deemed "Excellent", and whose performance evaluation is | 23 | | not conducted when the evaluation is required to be conducted | 24 | | shall receive a teacher's performance rating deemed | 25 | | "Excellent". A school board and any exclusive bargaining | 26 | | representative may mutually agree to an alternate performance |
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| 1 | | rating for teachers not in contractual continued service | 2 | | during any time in which the Governor has declared a disaster | 3 | | due to a public health emergency pursuant to Section 7 of the | 4 | | Illinois Emergency Management Agency Act, as long as the | 5 | | agreement is in writing. | 6 | | (e) For the purposes of determining contractual continued | 7 | | service, a school term shall be counted only toward attainment | 8 | | of contractual continued service if the teacher actually | 9 | | teaches or is otherwise present and participating in the | 10 | | district's or program's educational program for 120 days or | 11 | | more, provided that the days of leave under the federal Family | 12 | | Medical Leave Act that the teacher is required to take until | 13 | | the end of the school term shall be considered days of teaching | 14 | | or participation in the district's or program's educational | 15 | | program. A school term that is not counted toward attainment | 16 | | of contractual continued service shall not be considered a | 17 | | break in service for purposes of determining whether a teacher | 18 | | has been employed for 4 consecutive school terms, provided | 19 | | that the teacher actually teaches or is otherwise present and | 20 | | participating in the district's or program's educational | 21 | | program in the following school term. | 22 | | (f) If the employing board determines to dismiss the | 23 | | teacher in the last year of the probationary period as | 24 | | provided in subsection (c) of this Section or subdivision (1) | 25 | | or (2) of subsection (d) of this Section, but not subdivision | 26 | | (3) of subsection (d) of this Section, the written notice of |
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| 1 | | dismissal provided by the employing board must contain | 2 | | specific reasons for dismissal. Any full-time teacher who does | 3 | | not receive written notice from the employing board at least | 4 | | 45 days before the end of any school term as provided in this | 5 | | Section and whose performance does not require dismissal after | 6 | | the fourth probationary year pursuant to subsection (d) of | 7 | | this Section shall be re-employed for the following school | 8 | | term.
| 9 | | (g) Contractual continued service shall continue in effect | 10 | | the terms and
provisions of the contract with the teacher | 11 | | during the last school term
of the probationary period, | 12 | | subject to this Act and the lawful
regulations of the | 13 | | employing board. This Section and succeeding Sections
do not | 14 | | modify any existing power of the board except with respect to | 15 | | the
procedure of the discharge of a teacher and reductions in | 16 | | salary as
hereinafter provided. Contractual continued service | 17 | | status shall not
restrict the power of the board to transfer a | 18 | | teacher to a position
which the teacher is qualified to fill or | 19 | | to make such salary
adjustments as it deems desirable, but | 20 | | unless reductions in salary are
uniform or based upon some | 21 | | reasonable classification, any teacher whose
salary is reduced | 22 | | shall be entitled to a notice and a hearing as
hereinafter | 23 | | provided in the case of certain dismissals or removals.
| 24 | | (h) If, by reason of any change in the boundaries of school | 25 | | districts or by reason of the creation of a new school | 26 | | district, the position held by any teacher having a |
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| 1 | | contractual continued service status is transferred from one | 2 | | board to the control of a new or different board, then the | 3 | | contractual continued service status of the teacher is not | 4 | | thereby lost, and such new or different board is subject to | 5 | | this Code with respect to the teacher in the same manner as if | 6 | | the teacher were its employee and had been its employee during | 7 | | the time the teacher was actually employed by the board from | 8 | | whose control the position was transferred. | 9 | | (i) The employment of any teacher in a program of a special | 10 | | education joint
agreement established under Section 3-15.14, | 11 | | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | 12 | | Sections of this Article. For purposes of
attaining and | 13 | | maintaining contractual continued service and computing
length | 14 | | of continuing service as referred to in this Section and | 15 | | Section
24-12, employment in a special educational joint | 16 | | program shall be deemed a
continuation of all previous | 17 | | licensed certificated employment of such teacher for
such | 18 | | joint agreement whether the employer of the teacher was the | 19 | | joint
agreement, the regional superintendent, or one of the | 20 | | participating
districts in the joint agreement.
| 21 | | (j) For any teacher employed after July 1, 1987 as a | 22 | | full-time teacher in a program of a special education joint | 23 | | agreement, whether the program is operated by the joint | 24 | | agreement or a member district on behalf of the joint | 25 | | agreement, in the event of a reduction in the number of | 26 | | programs or positions in the joint agreement in which the |
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| 1 | | notice of dismissal is provided on or before the end of the | 2 | | 2010-2011 school term, the teacher in contractual continued | 3 | | service is eligible for employment in the joint agreement | 4 | | programs for which the teacher is legally qualified in order | 5 | | of greater length of continuing service in the joint | 6 | | agreement, unless an alternative method of determining the | 7 | | sequence of dismissal is established in a collective | 8 | | bargaining agreement. For any teacher employed after July 1, | 9 | | 1987 as a full-time teacher in a program of a special education | 10 | | joint agreement, whether the program is operated by the joint | 11 | | agreement or a member district on behalf of the joint | 12 | | agreement, in the event of a reduction in the number of | 13 | | programs or positions in the joint agreement in which the | 14 | | notice of dismissal is provided during the 2011-2012 school | 15 | | term or a subsequent school term, the teacher shall be | 16 | | included on the honorable dismissal lists of all joint | 17 | | agreement programs for positions for which the teacher is | 18 | | qualified and is eligible for employment in such programs in | 19 | | accordance with subsections (b) and (c) of Section 24-12 of | 20 | | this Code and the applicable honorable dismissal policies of | 21 | | the joint agreement. | 22 | | (k) For any teacher employed after July 1, 1987 as a | 23 | | full-time teacher in a program of a special education joint | 24 | | agreement, whether the program is operated by the joint | 25 | | agreement or a member district on behalf of the joint | 26 | | agreement, in the event of the dissolution of a joint |
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| 1 | | agreement, in which the notice to teachers of the dissolution | 2 | | is provided during the 2010-2011 school term, the teacher in | 3 | | contractual continued service who is legally qualified shall | 4 | | be assigned to any comparable position in a member district | 5 | | currently held by a teacher who has not entered upon | 6 | | contractual continued service or held by a teacher who has | 7 | | entered upon contractual continued service with a shorter | 8 | | length of contractual continued service. Any teacher employed | 9 | | after July 1, 1987 as a full-time teacher in a program of a | 10 | | special education joint agreement, whether the program is | 11 | | operated by the joint agreement or a member district on behalf | 12 | | of the joint agreement, in the event of the dissolution of a | 13 | | joint agreement in which the notice to teachers of the | 14 | | dissolution is provided during the 2011-2012 school term or a | 15 | | subsequent school term, the teacher who is qualified shall be | 16 | | included on the order of honorable dismissal lists of each | 17 | | member district and shall be assigned to any comparable | 18 | | position in any such district in accordance with subsections | 19 | | (b) and (c) of Section 24-12 of this Code and the applicable | 20 | | honorable dismissal policies of each member district.
| 21 | | (l) The governing board of the joint agreement, or the | 22 | | administrative
district, if so authorized by the articles of | 23 | | agreement of the joint
agreement, rather than the board of | 24 | | education of a school district, may
carry out employment and | 25 | | termination actions including dismissals under
this Section | 26 | | and Section 24-12.
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| 1 | | (m) The employment of any teacher in a special education | 2 | | program
authorized by Section 14-1.01 through 14-14.01, or a | 3 | | joint educational
program established under Section 10-22.31a, | 4 | | shall be under this and the
succeeding Sections of this | 5 | | Article, and such employment shall be deemed
a continuation of | 6 | | the previous employment of such teacher in any of the
| 7 | | participating districts, regardless of the participation of | 8 | | other
districts in the program. | 9 | | (n) Any teacher employed as a full-time teacher in
a | 10 | | special education program prior to September 23, 1987 in which | 11 | | 2 or
more school districts
participate for a probationary | 12 | | period of 2 consecutive years shall enter
upon contractual | 13 | | continued service in each of the participating
districts, | 14 | | subject to this and the succeeding Sections of this Article,
| 15 | | and, notwithstanding Section 24-1.5 of this Code, in the event | 16 | | of the termination of the program shall be eligible for
any | 17 | | vacant position in any of such districts for which such | 18 | | teacher is
qualified.
| 19 | | (Source: P.A. 101-643, eff. 6-18-20.)
| 20 | | (105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
| 21 | | Sec. 24-14. Termination of contractual continued service | 22 | | by teacher. A teacher , as defined in Section 24-11 of this | 23 | | Code, who
has entered into contractual continued service may | 24 | | resign
at any time by obtaining concurrence of the board or by | 25 | | serving at least 30
days' written notice upon the secretary of |
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| 1 | | the board. However, no teacher
may resign during the school | 2 | | term, without the concurrence of the board,
in order to accept | 3 | | another teaching assignment. Any teacher
terminating said | 4 | | service not in accordance with this Section may be referred by | 5 | | the board to the State Superintendent of Education. A referral | 6 | | to the State Superintendent for an alleged violation of this | 7 | | Section must include (i) a dated copy of the teacher's | 8 | | resignation letter, (ii) a copy of the reporting district's | 9 | | current school year calendar, (iii) proof of employment for | 10 | | the school year at issue, (iv) documentation showing that the | 11 | | district's board did not accept the teacher's resignation, and | 12 | | (v) evidence that the teacher left the district in order to | 13 | | accept another teaching assignment. The State Superintendent | 14 | | or his or her designee shall convene an informal evidentiary | 15 | | hearing no later than 90 days after receipt of a resolution by | 16 | | the board. If the State Superintendent or his or her designee | 17 | | finds that the teacher resigned during the school term without | 18 | | the concurrence of the board to accept another teaching | 19 | | assignment, the State Superintendent must suspend the | 20 | | teacher's license for one calendar year. In lieu of a hearing | 21 | | and finding, the teacher may agree to a lesser licensure | 22 | | sanction at the discretion of the State Superintendent.
| 23 | | (Source: P.A. 101-531, eff. 8-23-19.)
| 24 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 25 | | Sec. 34-18.5. Criminal history records checks and checks |
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| 1 | | of the Statewide Sex Offender Database and Statewide Murderer | 2 | | and Violent Offender Against Youth Database. | 3 | | (a) Licensed and nonlicensed applicants for
employment | 4 | | with the school district are required as a condition of
| 5 | | employment to authorize a fingerprint-based criminal history | 6 | | records check to determine if such applicants
have been | 7 | | convicted of any disqualifying, enumerated criminal or drug | 8 | | offense in
subsection (c) of this Section or have been
| 9 | | convicted, within 7 years of the application for employment | 10 | | with the
school district, of any other felony under the laws of | 11 | | this State or of any
offense committed or attempted in any | 12 | | other state or against the laws of
the United States that, if | 13 | | committed or attempted in this State, would
have been | 14 | | punishable as a felony under the laws of this State. | 15 | | Authorization
for
the
check shall
be furnished by the | 16 | | applicant to the school district, except that if the
applicant | 17 | | is a substitute teacher seeking employment in more than one
| 18 | | school district, or a teacher seeking concurrent part-time | 19 | | employment
positions with more than one school district (as a | 20 | | reading specialist,
special education teacher or otherwise), | 21 | | or an educational support
personnel employee seeking | 22 | | employment positions with more than one
district, any such | 23 | | district may require the applicant to furnish
authorization | 24 | | for
the check to the regional superintendent of the
| 25 | | educational service region in which are located the school | 26 | | districts in
which the applicant is seeking employment as a |
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| 1 | | substitute or concurrent
part-time teacher or concurrent | 2 | | educational support personnel employee.
Upon receipt of this | 3 | | authorization, the school district or the appropriate
regional | 4 | | superintendent, as the case may be, shall submit the | 5 | | applicant's
name, sex, race, date of birth, social security | 6 | | number, fingerprint images, and other identifiers, as | 7 | | prescribed by the Department
of State Police, to the | 8 | | Department. The regional
superintendent submitting the | 9 | | requisite information to the Department of
State Police shall | 10 | | promptly notify the school districts in which the
applicant is | 11 | | seeking employment as a substitute or concurrent part-time
| 12 | | teacher or concurrent educational support personnel employee | 13 | | that
the
check of the applicant has been requested. The | 14 | | Department of State
Police and the Federal Bureau of | 15 | | Investigation shall furnish, pursuant to a fingerprint-based | 16 | | criminal history records check, records of convictions, | 17 | | forever and hereinafter, until expunged, to the president of | 18 | | the school board for the school district that requested the | 19 | | check, or to the regional superintendent who requested the | 20 | | check. The
Department shall charge
the school district
or the | 21 | | appropriate regional superintendent a fee for
conducting
such | 22 | | check, which fee shall be deposited in the State
Police | 23 | | Services Fund and shall not exceed the cost of the inquiry; and | 24 | | the
applicant shall not be charged a fee for
such check by the | 25 | | school
district or by the regional superintendent. Subject to | 26 | | appropriations for these purposes, the State Superintendent of |
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| 1 | | Education shall reimburse the school district and regional | 2 | | superintendent for fees paid to obtain criminal history | 3 | | records checks under this Section. | 4 | | (a-5) The school district or regional superintendent shall | 5 | | further perform a check of the Statewide Sex Offender | 6 | | Database, as authorized by the Sex Offender Community | 7 | | Notification Law, for each applicant. The check of the | 8 | | Statewide Sex Offender Database must be conducted by the | 9 | | school district or regional superintendent once for every 5 | 10 | | years that an applicant remains employed by the school | 11 | | district. | 12 | | (a-6) The school district or regional superintendent shall | 13 | | further perform a check of the Statewide Murderer and Violent | 14 | | Offender Against Youth Database, as authorized by the Murderer | 15 | | and Violent Offender Against Youth Community Notification Law, | 16 | | for each applicant. The check of the Murderer and Violent | 17 | | Offender Against Youth Database must be conducted by the | 18 | | school district or regional superintendent once for every 5 | 19 | | years that an applicant remains employed by the school | 20 | | district. | 21 | | (b) Any
information concerning the record of convictions | 22 | | obtained by the president
of the board of education or the | 23 | | regional superintendent shall be
confidential and may only be | 24 | | transmitted to the general superintendent of
the school | 25 | | district or his designee, the appropriate regional
| 26 | | superintendent if
the check was requested by the board of |
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| 1 | | education
for the school district, the presidents of the | 2 | | appropriate board of
education or school boards if
the check | 3 | | was requested from the
Department of State Police by the | 4 | | regional superintendent, the State Board of Education and the | 5 | | school district as authorized under subsection (b-5), the | 6 | | State
Superintendent of Education, the State Educator | 7 | | Preparation and Licensure Board or any
other person necessary | 8 | | to the decision of hiring the applicant for
employment. A copy | 9 | | of the record of convictions obtained from the
Department of | 10 | | State Police shall be provided to the applicant for
| 11 | | employment. Upon the check of the Statewide Sex Offender | 12 | | Database or Statewide Murderer and Violent Offender Against | 13 | | Youth Database, the school district or regional superintendent | 14 | | shall notify an applicant as to whether or not the applicant | 15 | | has been identified in the Database. If a check of an applicant | 16 | | for employment as a
substitute or concurrent part-time teacher | 17 | | or concurrent educational
support personnel employee in more | 18 | | than one school district was requested
by the regional | 19 | | superintendent, and the Department of State Police upon
a | 20 | | check ascertains that the applicant has not been convicted of | 21 | | any
of the enumerated criminal or drug offenses in subsection | 22 | | (c) of this Section
or has not been
convicted,
within 7 years | 23 | | of the application for employment with the
school district, of | 24 | | any other felony under the laws of this State or of any
offense | 25 | | committed or attempted in any other state or against the laws | 26 | | of
the United States that, if committed or attempted in this |
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| 1 | | State, would
have been punishable as a felony under the laws of | 2 | | this State and so
notifies the regional superintendent and if | 3 | | the regional superintendent upon a check ascertains that the | 4 | | applicant has not been identified in the Sex Offender Database | 5 | | or Statewide Murderer and Violent Offender Against Youth | 6 | | Database, 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) of this Section
or has not been
| 11 | | convicted, within 7 years of the application for employment | 12 | | with the
school district, of any other felony under the laws of | 13 | | this State or of any
offense committed or attempted in any | 14 | | other state or against the laws of
the United States that, if | 15 | | committed or attempted in this State, would
have been | 16 | | punishable as a felony under the laws of this State and | 17 | | evidencing that as of the date that the regional | 18 | | superintendent conducted a check of the Statewide Sex Offender | 19 | | Database or Statewide Murderer and Violent Offender Against | 20 | | Youth Database, the applicant has not been identified in the | 21 | | Database. The school
board of any school district may rely on | 22 | | the certificate issued by any regional
superintendent to that | 23 | | substitute teacher, concurrent part-time teacher, or | 24 | | concurrent educational support personnel employee
or may | 25 | | initiate its own criminal history records check of
the | 26 | | applicant through the Department of State Police and its own |
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| 1 | | check of the Statewide Sex Offender Database or Statewide | 2 | | Murderer and Violent Offender Against Youth Database as | 3 | | provided in
this Section. Any unauthorized release of | 4 | | confidential information may be a violation of Section 7 of | 5 | | the Criminal Identification Act. | 6 | | (b-5) If a criminal history records check or check of the | 7 | | Statewide Sex Offender Database or Statewide Murderer and | 8 | | Violent Offender Against Youth Database is performed by a | 9 | | regional superintendent for an applicant seeking employment as | 10 | | a substitute teacher with the school district, the regional | 11 | | superintendent may disclose to the State Board of Education | 12 | | whether the applicant has been issued a certificate under | 13 | | subsection (b) based on those checks. If the State Board | 14 | | receives information on an applicant under this subsection, | 15 | | then it must indicate in the Educator Licensure Information | 16 | | System for a 90-day period that the applicant has been issued | 17 | | or has not been issued a certificate. | 18 | | (c) The board of education shall not knowingly employ a | 19 | | person who has
been convicted of any offense that would | 20 | | subject him or her to license suspension or revocation | 21 | | pursuant to Section 21B-80 of this Code, except as provided | 22 | | under subsection (b) of 21B-80.
Further, the board of | 23 | | education shall not knowingly employ a person who has
been | 24 | | found to be the perpetrator of sexual or physical abuse of any | 25 | | minor under
18 years of age pursuant to proceedings under | 26 | | Article II of the Juvenile Court
Act of 1987. As a condition of |
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| 1 | | employment, the board of education must consider the status of | 2 | | a person who has been issued an indicated finding of abuse or | 3 | | neglect of a child by the Department of Children and Family | 4 | | Services under the Abused and Neglected Child Reporting Act or | 5 | | by a child welfare agency of another jurisdiction. | 6 | | (d) The board of education shall not knowingly employ a | 7 | | person for whom
a criminal history records check and a | 8 | | Statewide Sex Offender Database check have not been initiated. | 9 | | (e) Within 10 days after the general superintendent of | 10 | | schools, a regional office of education, or an entity that | 11 | | provides background checks of license holders to public | 12 | | schools receives information of a pending criminal charge | 13 | | against a license holder for an offense set forth in Section | 14 | | 21B-80 of this Code, the superintendent, regional office of | 15 | | education, or entity must notify the State Superintendent of | 16 | | Education of the pending criminal charge. | 17 | | No later than 15 business days after receipt of a record of | 18 | | conviction or of checking the Statewide Murderer and Violent | 19 | | Offender Against Youth Database or the Statewide Sex Offender | 20 | | Database and finding a registration, the general | 21 | | superintendent of schools or the applicable regional | 22 | | superintendent shall, in writing, notify the State | 23 | | Superintendent of Education of any license holder who has been | 24 | | convicted of a crime set forth in Section 21B-80 of this Code. | 25 | | Upon receipt of the record of a conviction of or a finding of | 26 | | child
abuse by a holder of any license
issued pursuant to |
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| 1 | | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | 2 | | Superintendent of
Education may initiate licensure suspension | 3 | | and revocation
proceedings as authorized by law. If the | 4 | | receipt of the record of conviction or finding of child abuse | 5 | | is received within 6 months after the initial grant of or | 6 | | renewal of a license, the State Superintendent of Education | 7 | | may rescind the license holder's license. | 8 | | (e-5) The general superintendent of schools shall, in | 9 | | writing, notify the State Superintendent of Education of any | 10 | | license holder whom he or she has reasonable cause to believe | 11 | | has committed an intentional act of abuse or neglect with the | 12 | | result of making a child an abused child or a neglected child, | 13 | | as defined in Section 3 of the Abused and Neglected Child | 14 | | Reporting Act, and that act resulted in the license holder's | 15 | | dismissal or resignation from the school district and must | 16 | | include the Illinois Educator Identification Number (IEIN) of | 17 | | the license holder and a brief description of the misconduct | 18 | | alleged . This notification must be submitted within 30 days | 19 | | after the dismissal or resignation. The license holder must | 20 | | also be contemporaneously sent a copy of the notice by the | 21 | | superintendent. All correspondence, documentation, and other | 22 | | information so received by the State Superintendent of | 23 | | Education, the State Board of Education, or the State Educator | 24 | | Preparation and Licensure Board under this subsection (e-5) is | 25 | | confidential and must not be disclosed to third parties, | 26 | | except (i) as necessary for the State Superintendent of |
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| 1 | | Education or his or her designee to investigate and prosecute | 2 | | pursuant to Article 21B of this Code, (ii) pursuant to a court | 3 | | order, (iii) for disclosure to the license holder or his or her | 4 | | representative, or (iv) as otherwise provided in this Article | 5 | | and provided that any such information admitted into evidence | 6 | | in a hearing is exempt from this confidentiality and | 7 | | non-disclosure requirement. Except for an act of willful or | 8 | | wanton misconduct, any superintendent who provides | 9 | | notification as required in this subsection (e-5) shall have | 10 | | immunity from any liability, whether civil or criminal or that | 11 | | otherwise might result by reason of such action. | 12 | | (f) After March 19, 1990, the provisions of this Section | 13 | | shall apply to
all employees of persons or firms holding | 14 | | contracts with any school district
including, but not limited | 15 | | to, food service workers, school bus drivers and
other | 16 | | transportation employees, who have direct, daily contact with | 17 | | the
pupils of any school in such district. For purposes of | 18 | | criminal history records checks and checks of the Statewide | 19 | | Sex Offender Database on employees of persons or firms holding | 20 | | contracts with more
than one school district and assigned to | 21 | | more than one school district, the
regional superintendent of | 22 | | the educational service region in which the
contracting school | 23 | | districts are located may, at the request of any such
school | 24 | | district, be responsible for receiving the authorization for
a | 25 | | criminal history records check prepared by each such employee | 26 | | and submitting the same to the
Department of State Police and |
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| 1 | | for conducting a check of the Statewide Sex Offender Database | 2 | | for each employee. Any information concerning the record of
| 3 | | conviction and identification as a sex offender of any such | 4 | | employee obtained by the regional superintendent
shall be | 5 | | promptly reported to the president of the appropriate school | 6 | | board
or school boards. | 7 | | (f-5) Upon request of a school or school district, any | 8 | | information obtained by the school district pursuant to | 9 | | subsection (f) of this Section within the last year must be | 10 | | made available to the requesting school or school district. | 11 | | (g) Prior to the commencement of any student teaching | 12 | | experience or required internship (which is referred to as | 13 | | student teaching in this Section) in the public schools, a | 14 | | student teacher is required to authorize a fingerprint-based | 15 | | criminal history records check. Authorization for and payment | 16 | | of the costs of the check must be furnished by the student | 17 | | teacher to the school district. Upon receipt of this | 18 | | authorization and payment, the school district shall submit | 19 | | the student teacher's name, sex, race, date of birth, social | 20 | | security number, fingerprint images, and other identifiers, as | 21 | | prescribed by the Department of State Police, to the | 22 | | Department of State Police. The Department of State Police and | 23 | | the Federal Bureau of Investigation shall furnish, pursuant to | 24 | | a fingerprint-based criminal history records check, records of | 25 | | convictions, forever and hereinafter, until expunged, to the | 26 | | president of the board. The Department shall charge the school |
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| 1 | | district a fee for conducting the check, which fee must not | 2 | | exceed the cost of the inquiry and must be deposited into the | 3 | | State Police Services Fund. The school district shall further | 4 | | perform a check of the Statewide Sex Offender Database, as | 5 | | authorized by the Sex Offender Community Notification Law, and | 6 | | of the Statewide Murderer and Violent Offender Against Youth | 7 | | Database, as authorized by the Murderer and Violent Offender | 8 | | Against Youth Registration Act, for each student teacher. The | 9 | | board may not knowingly allow a person to student teach for | 10 | | whom a criminal history records check, a Statewide Sex | 11 | | Offender Database check, and a Statewide Murderer and Violent | 12 | | Offender Against Youth Database check have not been completed | 13 | | and reviewed by the district. | 14 | | A copy of the record of convictions obtained from the | 15 | | Department of State Police must be provided to the student | 16 | | teacher. Any information concerning the record of convictions | 17 | | obtained by the president of the board is confidential and may | 18 | | only be transmitted to the general superintendent of schools | 19 | | or his or her designee, the State Superintendent of Education, | 20 | | the State Educator Preparation and Licensure Board, or, for | 21 | | clarification purposes, the Department of State Police or the | 22 | | Statewide Sex Offender Database or Statewide Murderer and | 23 | | Violent Offender Against Youth Database. Any unauthorized | 24 | | release of confidential information may be a violation of | 25 | | Section 7 of the Criminal Identification Act. | 26 | | The board may not knowingly allow a person to student |
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| 1 | | teach who has been convicted of any offense that would subject | 2 | | him or her to license suspension or revocation pursuant to | 3 | | subsection (c) of Section 21B-80 of this Code, except as | 4 | | provided under subsection (b) of Section 21B-80. Further, the | 5 | | board may not allow a person to student teach if he or she has | 6 | | been found to be the perpetrator of sexual or physical abuse of | 7 | | a minor under 18 years of age pursuant to proceedings under | 8 | | Article II of the Juvenile Court Act of 1987. The board must | 9 | | consider the status of a person to student teach who has been | 10 | | issued an indicated finding of abuse or neglect of a child by | 11 | | the Department of Children and Family Services under the | 12 | | Abused and Neglected Child Reporting Act or by a child welfare | 13 | | agency of another jurisdiction. | 14 | | (h) (Blank). | 15 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 16 | | 101-643, eff. 6-18-20.)
| 17 | | Section 90. The State Mandates Act is amended by adding | 18 | | Section 8.45 as follows: | 19 | | (30 ILCS 805/8.45 new) | 20 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 21 | | 8 of this Act, no reimbursement by the State is required for | 22 | | the implementation of any mandate created by this amendatory | 23 | | Act of the 102nd General Assembly. ".
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