Full Text of HB3027 97th General Assembly
HB3027eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-21.9, 10-22.31a, 18-12, 26-2a, and 34-18.5 as follows:
| 6 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 7 | | Sec. 10-21.9. Criminal history records checks and checks of | 8 | | the Statewide Sex Offender Database and Statewide Child | 9 | | Murderer and Violent Offender Against Youth Database.
| 10 | | (a) Certified and noncertified applicants for employment | 11 | | with a school
district, except school bus driver applicants, | 12 | | are required as a condition
of employment to authorize a | 13 | | fingerprint-based criminal history records check to determine | 14 | | if such applicants have been convicted of any of
the enumerated | 15 | | criminal or drug offenses in subsection (c) of this Section or
| 16 | | have been convicted, within 7 years of the application for | 17 | | employment with
the
school district, of any other felony under | 18 | | the laws of this State or of any
offense committed or attempted | 19 | | in any other state or against the laws of
the United States | 20 | | that, if committed or attempted in this State, would
have been | 21 | | punishable as a felony under the laws of this State.
| 22 | | Authorization for
the check shall be furnished by the applicant | 23 | | to
the school district, except that if the applicant is a |
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| 1 | | substitute teacher
seeking employment in more than one school | 2 | | district, a teacher seeking
concurrent part-time employment | 3 | | positions with more than one school
district (as a reading | 4 | | specialist, special education teacher or otherwise),
or an | 5 | | educational support personnel employee seeking employment | 6 | | positions
with more than one district, any such district may | 7 | | require the applicant to
furnish authorization for
the check to | 8 | | the regional superintendent
of the educational service region | 9 | | in which are located the school districts
in which the | 10 | | applicant is seeking employment as a substitute or concurrent
| 11 | | part-time teacher or concurrent educational support personnel | 12 | | employee.
Upon receipt of this authorization, the school | 13 | | district or the appropriate
regional superintendent, as the | 14 | | case may be, shall submit the applicant's
name, sex, race, date | 15 | | of birth, social security number, fingerprint images, and other | 16 | | identifiers, as prescribed by the Department
of State Police, | 17 | | to the Department. The regional
superintendent submitting the | 18 | | requisite information to the Department of
State Police shall | 19 | | promptly notify the school districts in which the
applicant is | 20 | | seeking employment as a substitute or concurrent part-time
| 21 | | teacher or concurrent educational support personnel employee | 22 | | that
the
check of the applicant has been requested. The | 23 | | Department of State Police and the Federal Bureau of | 24 | | Investigation shall furnish, pursuant to a fingerprint-based | 25 | | criminal history records check, records of convictions, until | 26 | | expunged, to the president of the school board for the school |
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| 1 | | district that requested the check, or to the regional | 2 | | superintendent who requested the check.
The
Department shall | 3 | | charge
the school district
or the appropriate regional | 4 | | superintendent a fee for
conducting
such check, which fee shall | 5 | | be deposited in the State
Police Services Fund and shall not | 6 | | exceed the cost of
the inquiry; and the
applicant shall not be | 7 | | charged a fee for
such check by the school
district or by the | 8 | | regional superintendent, except that those applicants seeking | 9 | | employment as a substitute teacher with a school district may | 10 | | be charged a fee not to exceed the cost of the inquiry. Subject | 11 | | to appropriations for these purposes, the State Superintendent | 12 | | of Education shall reimburse school districts and regional | 13 | | superintendents for fees paid to obtain criminal history | 14 | | records checks under this Section.
| 15 | | (a-5) The school district or regional superintendent shall | 16 | | further perform a check of the Statewide Sex Offender Database, | 17 | | as authorized by the Sex Offender Community Notification Law, | 18 | | for each applicant.
| 19 | | (a-6) The school district or regional superintendent shall | 20 | | further perform a check of the Statewide Child Murderer and | 21 | | Violent Offender Against Youth Database, as authorized by the | 22 | | Child Murderer and Violent Offender Against Youth Community | 23 | | Notification Law, for each applicant.
| 24 | | (b)
Any information
concerning the record of convictions | 25 | | obtained by the president of the
school board or the regional | 26 | | superintendent shall be confidential and may
only be |
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| 1 | | transmitted to the superintendent of the school district or his
| 2 | | designee, the appropriate regional superintendent if
the check | 3 | | was
requested by the school district, the presidents of the | 4 | | appropriate school
boards if
the check was requested from the | 5 | | Department of State
Police by the regional superintendent, the | 6 | | State Superintendent of
Education, the State Teacher | 7 | | Certification Board, any other person
necessary to the decision | 8 | | of hiring the applicant for employment, or for clarification | 9 | | purposes the Department of State Police or Statewide Sex | 10 | | Offender Database, or both. A copy
of the record of convictions | 11 | | obtained from the Department of State Police
shall be provided | 12 | | to the applicant for employment. Upon the check of the | 13 | | Statewide Sex Offender Database, the school district or | 14 | | regional superintendent shall notify an applicant as to whether | 15 | | or not the applicant has been identified in the Database as a | 16 | | sex offender. If a check of
an applicant for employment as a | 17 | | substitute or concurrent part-time teacher
or concurrent | 18 | | educational support personnel employee in more than one
school | 19 | | district was requested by the regional superintendent, and the
| 20 | | Department of State Police upon a check ascertains that the | 21 | | applicant
has not been convicted of any of the enumerated | 22 | | criminal or drug offenses
in subsection (c)
or has not been | 23 | | convicted, within 7 years of the
application for
employment | 24 | | with the
school district, of any other felony under the laws of | 25 | | this State or of any
offense committed or attempted in any | 26 | | other state or against the laws of
the United States that, if |
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| 1 | | committed or attempted in this State, would
have been | 2 | | punishable as a felony under the laws of this State
and so | 3 | | notifies the regional
superintendent and if the regional | 4 | | superintendent upon a check ascertains that the applicant has | 5 | | not been identified in the Sex Offender Database as a sex | 6 | | offender, then the
regional superintendent shall issue to the | 7 | | applicant a certificate
evidencing that as of the date | 8 | | specified by the Department of State Police
the applicant has | 9 | | not been convicted of any of the enumerated criminal or
drug | 10 | | offenses in subsection (c)
or has not been
convicted, within 7 | 11 | | years of the application for employment with the
school | 12 | | district, of any other felony under the laws of this State or | 13 | | of any
offense committed or attempted in any other state or | 14 | | against the laws of
the United States that, if committed or | 15 | | attempted in this State, would
have been punishable as a felony | 16 | | under the laws of this State and evidencing that as of the date | 17 | | that the regional superintendent conducted a check of the | 18 | | Statewide Sex Offender Database, the applicant has not been | 19 | | identified in the Database as a sex offender. The school
board | 20 | | of
any
school district
may rely on the
certificate issued by | 21 | | any regional superintendent to that substitute teacher, | 22 | | concurrent part-time teacher, or concurrent educational | 23 | | support personnel employee or may
initiate its own criminal | 24 | | history records check of the applicant through the Department | 25 | | of
State Police and its own check of the Statewide Sex Offender | 26 | | Database as provided in subsection (a). Any person who releases |
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| 1 | | any
confidential information concerning any criminal | 2 | | convictions of an
applicant for employment shall be guilty of a | 3 | | Class A misdemeanor, unless
the release of such information is | 4 | | authorized by this Section.
| 5 | | (c) No school board shall knowingly employ a person who has | 6 | | been
convicted of any offense that would subject him or her to | 7 | | certification suspension or revocation pursuant to Section | 8 | | 21-23a of this Code.
Further, no school board shall knowingly | 9 | | employ a person who has been found
to be the perpetrator of | 10 | | sexual or physical abuse of any minor under 18 years
of age | 11 | | pursuant to proceedings under Article II of the Juvenile Court | 12 | | Act of
1987.
| 13 | | (d) No school board shall knowingly employ a person for | 14 | | whom a criminal
history records check and a Statewide Sex | 15 | | Offender Database check has not been initiated.
| 16 | | (e) Upon receipt of the record of a conviction of or a | 17 | | finding of child
abuse by a holder of any
certificate issued | 18 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 19 | | Code, the
State Superintendent of Education may initiate | 20 | | certificate suspension
and revocation proceedings as | 21 | | authorized by law.
| 22 | | (e-5) The superintendent of the employing school board | 23 | | shall, in writing, notify the State Superintendent of Education | 24 | | and the applicable regional superintendent of schools of any | 25 | | certificate holder whom he or she has reasonable cause to | 26 | | believe has committed an intentional act of abuse or neglect |
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| 1 | | with the result of making a child an abused child or a | 2 | | neglected child, as defined in Section 3 of the Abused and | 3 | | Neglected Child Reporting Act, and that act resulted in the | 4 | | certificate holder's dismissal or resignation from the school | 5 | | district. This notification must be submitted within 30 days | 6 | | after the dismissal or resignation. The certificate holder must | 7 | | also be contemporaneously sent a copy of the notice by the | 8 | | superintendent. 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 Teacher Certification Board under | 12 | | this subsection (e-5) is confidential and must not be disclosed | 13 | | to third parties, except (i) as necessary for the State | 14 | | Superintendent of Education or his or her designee to | 15 | | investigate and prosecute pursuant to Article 21 of this Code, | 16 | | (ii) pursuant to a court order, (iii) for disclosure to the | 17 | | certificate holder or his or her representative, or (iv) as | 18 | | otherwise provided in this Article and provided that any such | 19 | | information admitted into evidence in a hearing is exempt from | 20 | | this confidentiality and non-disclosure requirement. Except | 21 | | for an act of willful or wanton misconduct, any superintendent | 22 | | who provides notification as required in this subsection (e-5) | 23 | | shall have immunity from any liability, whether civil or | 24 | | criminal or that otherwise might result by reason of such | 25 | | action. | 26 | | (f) After January 1, 1990 the provisions of this Section |
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| 1 | | shall apply
to all employees of persons or firms holding | 2 | | contracts with any school
district including, but not limited | 3 | | to, food service workers, school bus
drivers and other | 4 | | transportation employees, who have direct, daily contact
with | 5 | | the pupils of any school in such district. For purposes of | 6 | | criminal
history records checks and checks of the Statewide Sex | 7 | | Offender Database on employees of persons or firms holding
| 8 | | contracts with more than one school district and assigned to | 9 | | more than one
school district, the regional superintendent of | 10 | | the educational service
region in which the contracting school | 11 | | districts are located may, at the
request of any such school | 12 | | district, be responsible for receiving the
authorization for
a | 13 | | criminal history records check prepared by each such employee | 14 | | and
submitting the same to the Department of State Police and | 15 | | for conducting a check of the Statewide Sex Offender Database | 16 | | and the Statewide Child Murderer and Violent Offender Against | 17 | | Youth Database for each employee. Any information
concerning | 18 | | the record of conviction and identification as a sex offender | 19 | | of any such employee obtained by the
regional superintendent | 20 | | shall be promptly reported to the president of the
appropriate | 21 | | school board or school boards.
| 22 | | (g) Beginning on January 1, 2012, the provisions of this | 23 | | Section shall apply to all student teachers, as defined by | 24 | | State Board of Education rule, assigned to public schools or | 25 | | nonpublic schools recognized by the State Board pursuant to | 26 | | Section 2-3.25o of this Code. Student teachers must undergo a |
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| 1 | | Department of State Police and Federal Bureau of Investigation | 2 | | fingerprint-based criminal history records check. | 3 | | Authorization to conduct the criminal history records check | 4 | | must be furnished by the student teacher to the school to which | 5 | | the student teacher is assigned. The Department of State Police | 6 | | and the Federal Bureau of Investigation shall furnish, pursuant | 7 | | to a fingerprint-based criminal history records check, records | 8 | | of convictions, until expunged, to the president of the school | 9 | | board for the school district that requested the check or the | 10 | | chief administrative officer of the nonpublic school that | 11 | | requested the check. The Department of State Police shall | 12 | | charge a fee for conducting the check, which fee must be | 13 | | deposited into the State Police Services Fund and must not | 14 | | exceed the cost of the inquiry. The student teacher shall be | 15 | | required to pay all fees associated with conducting the | 16 | | criminal history records check, as well as any other | 17 | | application fees as established by rule including, but not | 18 | | limited to, the fee established by the Department of State | 19 | | Police and the Federal Bureau of Investigation to process | 20 | | fingerprint-based criminal history records checks. Results of | 21 | | the check must also be furnished by the school district or | 22 | | nonpublic school to the higher education institution where the | 23 | | student teacher is enrolled. No one may begin student teaching | 24 | | until the results of the criminal history records check have | 25 | | been returned to the school district or nonpublic school. In | 26 | | order to student teach in the public schools, a person is |
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| 1 | | required to authorize a fingerprint-based criminal history | 2 | | records check and checks of the Statewide Sex Offender Database | 3 | | and Statewide Child Murderer and Violent Offender Against Youth | 4 | | Database prior to participating in any field experiences in the | 5 | | public schools. Authorization for and payment of the costs of | 6 | | the checks must be furnished by the student teacher. Results of | 7 | | the checks must be furnished to the higher education | 8 | | institution where the student teacher is enrolled and the | 9 | | superintendent of the school district where the student is | 10 | | assigned. | 11 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 12 | | 96-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
| 13 | | (105 ILCS 5/10-22.31a) (from Ch. 122, par. 10-22.31a)
| 14 | | Sec. 10-22.31a. Joint educational programs. To enter into | 15 | | joint agreements with other school boards or public
| 16 | | institutions of higher education to establish any type of | 17 | | educational
program which any district may establish | 18 | | individually, to provide the
needed educational facilities and | 19 | | to employ a director and other
professional workers for such | 20 | | program. The director and other
professional workers may be | 21 | | employed by one district which shall be
reimbursed on a | 22 | | mutually agreed basis by other districts that are
parties to | 23 | | the joint agreement. Such agreements may provide that one
| 24 | | district may supply professional workers for a joint program | 25 | | conducted
in another district. Such agreement shall be executed |
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| 1 | | on forms provided
by the State Board of Education
and shall | 2 | | include, but not
be limited to, provisions for administration, | 3 | | staff, programs,
financing, housing, transportation and | 4 | | advisory body and provide for the
withdrawal of districts from | 5 | | the joint agreement by petition to the regional
board of school | 6 | | trustees. Such petitions for withdrawal shall be
made to the | 7 | | regional board of school trustees of the region having
| 8 | | supervision and control over the administrative district and | 9 | | shall be
acted upon in the manner provided in Article 7 for the | 10 | | detachment of
territory from a school district.
| 11 | | To designate an administrative district to act as fiscal | 12 | | and legal
agent for the districts that are parties to such a | 13 | | joint agreement.
| 14 | | (Source: P.A. 86-198; 86-1318.)
| 15 | | (105 ILCS 5/18-12) (from Ch. 122, par. 18-12)
| 16 | | Sec. 18-12. Dates for filing State aid claims. The school | 17 | | board of
each school district shall require teachers, | 18 | | principals, or
superintendents to furnish from records kept by | 19 | | them such data as it
needs in preparing and certifying to the | 20 | | State Superintendent of Education
regional superintendent its | 21 | | school district report of claims provided in
Sections 18-8.05 | 22 | | through 18-9 as required by the State
Superintendent of | 23 | | Education. The district claim
shall be based on the latest | 24 | | available equalized assessed valuation and tax
rates, as | 25 | | provided in Section 18-8.05 and shall use the average
daily
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| 1 | | attendance as determined by the method outlined in Section | 2 | | 18-8.05
and shall be
certified and filed with the State | 3 | | Superintendent of Education regional superintendent by June 21
| 4 | | for districts with an
official
school calendar end date before | 5 | | June 15 or within 2 weeks following the
official school | 6 | | calendar end date for districts with a school year end date
of | 7 | | June 15 or later. The regional superintendent shall certify and | 8 | | file
with the State Superintendent of Education district State | 9 | | aid claims by
July 1 for districts with an official school | 10 | | calendar end date before June
15 or no later than July 15 for | 11 | | districts with an official school calendar
end date of June 15 | 12 | | or later.
Failure to
so file by these deadlines constitutes a | 13 | | forfeiture of the right
to
receive payment by
the State until | 14 | | such claim is filed and vouchered for payment. The
regional | 15 | | superintendent of schools shall certify the county report of | 16 | | claims
by July 15; and the State Superintendent of Education | 17 | | shall voucher
for payment those claims to the State Comptroller | 18 | | as provided in Section 18-11.
| 19 | | Except as otherwise provided in this Section, if any school | 20 | | district
fails to provide the minimum school term specified
in | 21 | | Section 10-19, the State aid claim for that year shall be | 22 | | reduced by the
State Superintendent of Education in an amount | 23 | | equivalent to 1/176 or .56818% for
each day less than the | 24 | | number of days required by this Code.
| 25 | | If
the State Superintendent of Education determines that | 26 | | the failure
to
provide the minimum school term was occasioned |
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| 1 | | by an act or acts of God, or
was occasioned by conditions | 2 | | beyond the control of the school district
which posed a | 3 | | hazardous threat to the health and safety of pupils, the
State | 4 | | aid claim need not be reduced.
| 5 | | If a school district is precluded from providing the | 6 | | minimum hours of instruction required for a full day of | 7 | | attendance due to an adverse weather condition or a condition | 8 | | beyond the control of the school district that poses a | 9 | | hazardous threat to the health and safety of students, then the | 10 | | partial day of attendance may be counted if (i) the school | 11 | | district has provided at least one hour of instruction prior to | 12 | | the closure of the school district, (ii) a school building has | 13 | | provided at least one hour of instruction prior to the closure | 14 | | of the school building, or (iii) the normal start time of the | 15 | | school district is delayed. | 16 | | If, prior to providing any instruction, a school district | 17 | | must close one or more but not all school buildings after | 18 | | consultation with a local emergency response agency or due to a | 19 | | condition beyond the control of the school district, then the | 20 | | school district may claim attendance for up to 2 school days | 21 | | based on the average attendance of the 3 school days | 22 | | immediately preceding the closure of the affected school | 23 | | building. The partial or no day of attendance described in this | 24 | | Section and the reasons therefore shall be certified within a | 25 | | month of the closing or delayed start by the school district | 26 | | superintendent to the regional superintendent of schools for |
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| 1 | | forwarding to the State Superintendent of Education for | 2 | | approval.
| 3 | | No exception to the requirement of providing a minimum | 4 | | school term may
be approved by the State Superintendent of | 5 | | Education pursuant to this Section
unless a school district has | 6 | | first used all emergency days provided for
in its regular | 7 | | calendar.
| 8 | | If the State Superintendent of Education declares that an | 9 | | energy
shortage exists during any part of the school year for | 10 | | the State or a
designated portion of the State, a district may | 11 | | operate the school
attendance centers within the district 4 | 12 | | days of the week during the
time of the shortage by extending | 13 | | each existing school day by one clock
hour of school work, and | 14 | | the State aid claim shall not be reduced, nor
shall the | 15 | | employees of that district suffer any reduction in salary or
| 16 | | benefits as a result thereof. A district may operate all | 17 | | attendance
centers on this revised schedule, or may apply the | 18 | | schedule to selected
attendance centers, taking into | 19 | | consideration such factors as pupil
transportation schedules | 20 | | and patterns and sources of energy for
individual attendance | 21 | | centers.
| 22 | | Electronically submitted State aid claims shall be | 23 | | submitted by
duly authorized district or regional individuals | 24 | | over a secure network
that is password protected. The | 25 | | electronic submission of a State aid
claim must be accompanied | 26 | | with an affirmation that all of the provisions
of Sections |
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| 1 | | 18-8.05 through 18-9, 10-22.5, and 24-4 of this Code are
met in | 2 | | all respects.
| 3 | | (Source: P.A. 95-152, eff. 8-14-07; 95-811, eff. 8-13-08; | 4 | | 95-876, eff. 8-21-08; 96-734, eff. 8-25-09.)
| 5 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 6 | | Sec. 26-2a. A "truant" is defined as a child subject to | 7 | | compulsory school
attendance and who is absent without valid | 8 | | cause from such attendance for
a school day or portion thereof. | 9 | | "Valid cause" for absence shall be illness, observance of a | 10 | | religious
holiday, death in the immediate family,
family | 11 | | emergency, and shall include such other situations beyond the | 12 | | control
of the student as determined by the board of education | 13 | | in each district,
or such other circumstances which cause | 14 | | reasonable concern to the parent
for the safety or health of | 15 | | the student. | 16 | | "Chronic or habitual truant" shall be defined as a child | 17 | | subject to compulsory
school attendance and who is absent | 18 | | without valid cause from such attendance
for 10% or more of the | 19 | | previous 180 regular attendance days. | 20 | | "Truant minor" is defined as a chronic truant to whom | 21 | | supportive
services, including prevention, diagnostic, | 22 | | intervention and remedial
services, alternative programs and | 23 | | other school and community resources
have been provided and | 24 | | have failed to result in the cessation of chronic
truancy, or | 25 | | have been offered and refused. |
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| 1 | | A "dropout" is defined as any child enrolled in grades one | 2 | | 9 through 12 whose
name has been removed from the district | 3 | | enrollment roster for any reason
other than the student's | 4 | | death, extended illness, removal for medical non-compliance, | 5 | | expulsion, aging out, graduation, or completion of a
program of | 6 | | studies and who has not transferred to another public or | 7 | | private school or moved out of the United States and is not | 8 | | known to be home-schooled by his or her parents or guardians or | 9 | | continuing school in another country . | 10 | | "Religion" for the purposes of this Article, includes all | 11 | | aspects of
religious observance and practice, as well as | 12 | | belief. | 13 | | (Source: P.A. 96-1423, eff. 8-3-10.) | 14 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 15 | | Sec. 34-18.5. Criminal history records checks and checks of | 16 | | the Statewide Sex Offender Database and Statewide Child | 17 | | Murderer and Violent Offender Against Youth Database. | 18 | | (a) Certified and noncertified applicants for
employment | 19 | | with the school district are required as a condition of
| 20 | | employment to authorize a fingerprint-based criminal history | 21 | | records check to determine if such applicants
have been | 22 | | convicted of any of the enumerated criminal or drug offenses in
| 23 | | subsection (c) of this Section or have been
convicted, within 7 | 24 | | years of the application for employment with the
school | 25 | | district, of any other felony under the laws of this State or |
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| 1 | | of any
offense committed or attempted in any other state or | 2 | | against the laws of
the United States that, if committed or | 3 | | attempted in this State, would
have been punishable as a felony | 4 | | under the laws of this State. Authorization
for
the
check shall
| 5 | | be furnished by the applicant to the school district, except | 6 | | that if the
applicant is a substitute teacher seeking | 7 | | employment in more than one
school district, or a teacher | 8 | | seeking concurrent part-time employment
positions with more | 9 | | than one school district (as a reading specialist,
special | 10 | | education teacher or otherwise), or an educational support
| 11 | | personnel employee seeking employment positions with more than | 12 | | one
district, any such district may require the applicant to | 13 | | furnish
authorization for
the check to the regional | 14 | | superintendent of the
educational service region in which are | 15 | | located the school districts in
which the applicant is seeking | 16 | | employment as a substitute or concurrent
part-time teacher or | 17 | | concurrent educational support personnel employee.
Upon | 18 | | receipt of this authorization, the school district or the | 19 | | appropriate
regional superintendent, as the case may be, shall | 20 | | submit the applicant's
name, sex, race, date of birth, social | 21 | | security number, fingerprint images, and other identifiers, as | 22 | | prescribed by the Department
of State Police, to the | 23 | | Department. The regional
superintendent submitting the | 24 | | requisite information to the Department of
State Police shall | 25 | | promptly notify the school districts in which the
applicant is | 26 | | seeking employment as a substitute or concurrent part-time
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| 1 | | teacher or concurrent educational support personnel employee | 2 | | that
the
check of the applicant has been requested. The | 3 | | Department of State
Police and the Federal Bureau of | 4 | | Investigation shall furnish, pursuant to a fingerprint-based | 5 | | criminal history records check, records of convictions, until | 6 | | expunged, to the president of the school board for the school | 7 | | district that requested the check, or to the regional | 8 | | superintendent who requested the check. The
Department shall | 9 | | charge
the school district
or the appropriate regional | 10 | | superintendent a fee for
conducting
such check, which fee shall | 11 | | be deposited in the State
Police Services Fund and shall not | 12 | | exceed the cost of the inquiry; and the
applicant shall not be | 13 | | charged a fee for
such check by the school
district or by the | 14 | | regional superintendent. Subject to appropriations for these | 15 | | purposes, the State Superintendent of Education shall | 16 | | reimburse the school district and regional superintendent for | 17 | | fees paid to obtain criminal history records checks under this | 18 | | Section. | 19 | | (a-5) The school district or regional superintendent shall | 20 | | further perform a check of the Statewide Sex Offender Database, | 21 | | as authorized by the Sex Offender Community Notification Law, | 22 | | for each applicant. | 23 | | (a-6) The school district or regional superintendent shall | 24 | | further perform a check of the Statewide Child Murderer and | 25 | | Violent Offender Against Youth Database, as authorized by the | 26 | | Child Murderer and Violent Offender Against Youth Community |
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| 1 | | Notification Law, for each applicant. | 2 | | (b) Any
information concerning the record of convictions | 3 | | obtained by the president
of the board of education or the | 4 | | regional superintendent shall be
confidential and may only be | 5 | | transmitted to the general superintendent of
the school | 6 | | district or his designee, the appropriate regional
| 7 | | superintendent if
the check was requested by the board of | 8 | | education
for the school district, the presidents of the | 9 | | appropriate board of
education or school boards if
the check | 10 | | was requested from the
Department of State Police by the | 11 | | regional superintendent, the State
Superintendent of | 12 | | Education, the State Teacher Certification Board or any
other | 13 | | person necessary to the decision of hiring the applicant for
| 14 | | employment. A copy of the record of convictions obtained from | 15 | | the
Department of State Police shall be provided to the | 16 | | applicant for
employment. Upon the check of the Statewide Sex | 17 | | Offender Database, the school district or regional | 18 | | superintendent shall notify an applicant as to whether or not | 19 | | the applicant has been identified in the Database as a sex | 20 | | offender. If a check of an applicant for employment as a
| 21 | | substitute or concurrent part-time teacher or concurrent | 22 | | educational
support personnel employee in more than one school | 23 | | district was requested
by the regional superintendent, and the | 24 | | Department of State Police upon
a check ascertains that the | 25 | | applicant has not been convicted of any
of the enumerated | 26 | | criminal or drug offenses in subsection (c)
or has not been
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| 1 | | convicted,
within 7 years of the application for employment | 2 | | with the
school district, of any other felony under the laws of | 3 | | this State or of any
offense committed or attempted in any | 4 | | other state or against the laws of
the United States that, if | 5 | | committed or attempted in this State, would
have been | 6 | | punishable as a felony under the laws of this State and so
| 7 | | notifies the regional superintendent and if the regional | 8 | | superintendent upon a check ascertains that the applicant has | 9 | | not been identified in the Sex Offender Database as a sex | 10 | | offender, then the regional superintendent
shall issue to the | 11 | | applicant a certificate evidencing that as of the date
| 12 | | specified by the Department of State Police the applicant has | 13 | | not been
convicted of any of the enumerated criminal or drug | 14 | | offenses in subsection
(c)
or has not been
convicted, within 7 | 15 | | years of the application for employment with the
school | 16 | | district, of any other felony under the laws of this State or | 17 | | of any
offense committed or attempted in any other state or | 18 | | against the laws of
the United States that, if committed or | 19 | | attempted in this State, would
have been punishable as a felony | 20 | | under the laws of this State and evidencing that as of the date | 21 | | that the regional superintendent conducted a check of the | 22 | | Statewide Sex Offender Database, the applicant has not been | 23 | | identified in the Database as a sex offender. The school
board | 24 | | of any school district may rely on the certificate issued by | 25 | | any regional
superintendent to that substitute teacher, | 26 | | concurrent part-time teacher, or concurrent educational |
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| 1 | | support personnel employee
or may initiate its own criminal | 2 | | history records check of
the applicant through the Department | 3 | | of State Police and its own check of the Statewide Sex Offender | 4 | | Database as provided in
subsection (a). Any person who releases | 5 | | any confidential information
concerning any criminal | 6 | | convictions of an applicant for employment shall be
guilty of a | 7 | | Class A misdemeanor, unless the release of such information is
| 8 | | authorized by this Section. | 9 | | (c) The board of education shall not knowingly employ a | 10 | | person who has
been convicted of any offense that would subject | 11 | | him or her to certification suspension or revocation pursuant | 12 | | to Section 21-23a of this Code.
Further, the board of education | 13 | | shall not knowingly employ a person who has
been found to be | 14 | | the perpetrator of sexual or physical abuse of any minor under
| 15 | | 18 years of age pursuant to proceedings under Article II of the | 16 | | Juvenile Court
Act of 1987. | 17 | | (d) The board of education shall not knowingly employ a | 18 | | person for whom
a criminal history records check and a | 19 | | Statewide Sex Offender Database check has not been initiated. | 20 | | (e) Upon receipt of the record of a conviction of or a | 21 | | finding of child
abuse by a holder of any
certificate issued | 22 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 23 | | Code, the State Superintendent of
Education may initiate | 24 | | certificate suspension and revocation
proceedings as | 25 | | authorized by law. | 26 | | (e-5) The general superintendent of schools shall, in |
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| 1 | | writing, notify the State Superintendent of Education of any | 2 | | certificate holder whom he or she has reasonable cause to | 3 | | believe has committed an intentional act of abuse or neglect | 4 | | with the result of making a child an abused child or a | 5 | | neglected child, as defined in Section 3 of the Abused and | 6 | | Neglected Child Reporting Act, and that act resulted in the | 7 | | certificate holder's dismissal or resignation from the school | 8 | | district. This notification must be submitted within 30 days | 9 | | after the dismissal or resignation. The certificate holder must | 10 | | also be contemporaneously sent a copy of the notice by the | 11 | | superintendent. All correspondence, documentation, and other | 12 | | information so received by the State Superintendent of | 13 | | Education, the State Board of Education, or the State Teacher | 14 | | Certification Board under this subsection (e-5) is | 15 | | confidential and must not be disclosed to third parties, except | 16 | | (i) as necessary for the State Superintendent of Education or | 17 | | his or her designee to investigate and prosecute pursuant to | 18 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 19 | | for disclosure to the certificate holder or his or her | 20 | | representative, or (iv) as otherwise provided in this Article | 21 | | and provided that any such information admitted into evidence | 22 | | in a hearing is exempt from this confidentiality and | 23 | | non-disclosure requirement. Except for an act of willful or | 24 | | wanton misconduct, any superintendent who provides | 25 | | notification as required in this subsection (e-5) shall have | 26 | | immunity from any liability, whether civil or criminal or that |
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| 1 | | otherwise might result by reason of such action. | 2 | | (f) After March 19, 1990, the provisions of this Section | 3 | | shall apply to
all employees of persons or firms holding | 4 | | contracts with any school district
including, but not limited | 5 | | to, food service workers, school bus drivers and
other | 6 | | transportation employees, who have direct, daily contact with | 7 | | the
pupils of any school in such district. For purposes of | 8 | | criminal history records checks and checks of the Statewide Sex | 9 | | Offender Database on employees of persons or firms holding | 10 | | contracts with more
than one school district and assigned to | 11 | | more than one school district, the
regional superintendent of | 12 | | the educational service region in which the
contracting school | 13 | | districts are located may, at the request of any such
school | 14 | | district, be responsible for receiving the authorization for
a | 15 | | criminal history records check prepared by each such employee | 16 | | and submitting the same to the
Department of State Police and | 17 | | for conducting a check of the Statewide Sex Offender Database | 18 | | and the Statewide Child Murderer and Violent Offender Against | 19 | | Youth Database for each employee. Any information concerning | 20 | | the record of
conviction and identification as a sex offender | 21 | | of any such employee obtained by the regional superintendent
| 22 | | shall be promptly reported to the president of the appropriate | 23 | | school board
or school boards. | 24 | | (g) Beginning on January 1, 2012, the provisions of this | 25 | | Section shall apply to all student teachers, as defined by | 26 | | State Board of Education rule, assigned to public schools. |
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| 1 | | Student teachers must undergo a Department of State Police and | 2 | | Federal Bureau of Investigation fingerprint-based criminal | 3 | | history records check. Authorization to conduct the criminal | 4 | | history records check must be furnished by the student teacher | 5 | | to the school to which the student teacher is assigned. 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, until | 9 | | expunged, to the president of the Chicago Board of Education. | 10 | | The Department of State Police shall charge a fee for | 11 | | conducting the check, which fee must be deposited into the | 12 | | State Police Services Fund and must not exceed the cost of the | 13 | | inquiry. The student teacher shall be required to pay all fees | 14 | | associated with conducting the criminal history records check, | 15 | | as well as any other application fees as established by rule | 16 | | including, but not limited to, the fee established by the | 17 | | Department of State Police and the Federal Bureau of | 18 | | Investigation to process fingerprint-based criminal history | 19 | | records checks. Results of the check must also be furnished by | 20 | | the school district to the higher education institution where | 21 | | the student teacher is enrolled. No one may begin student | 22 | | teaching until the results of the criminal history records | 23 | | check have been returned to the school district. In order to | 24 | | student teach in the public schools, a person is required to | 25 | | authorize a fingerprint-based criminal history records check | 26 | | and checks of the Statewide Sex Offender Database and Statewide |
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| 1 | | Child Murderer and Violent Offender Against Youth Database | 2 | | prior to participating in any field experiences in the public | 3 | | schools. Authorization for and payment of the costs of the | 4 | | checks must be furnished by the student teacher. Results of the | 5 | | checks must be furnished to the higher education institution | 6 | | where the student teacher is enrolled and the general | 7 | | superintendent of schools. | 8 | | (Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09; | 9 | | 96-1452, eff. 8-20-10.)
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