Illinois General Assembly - Full Text of HB5188
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Full Text of HB5188  102nd General Assembly

HB5188eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5188 EngrossedLRB102 24778 CMG 34021 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
51B-8, 1F-25, 1F-90, 2-3.146, 10-21.9, and 34-18.5 as follows:
 
6    (105 ILCS 5/1B-8)  (from Ch. 122, par. 1B-8)
7    Sec. 1B-8. There is created in the State Treasury a
8special fund to be known as the School District Emergency
9Financial Assistance Fund (the "Fund"). The School District
10Emergency Financial Assistance Fund shall consist of
11appropriations, loan repayments, grants from the federal
12government, and donations from any public or private source.
13Moneys in the Fund may be appropriated only to the Illinois
14Finance Authority and the State Board for those purposes
15authorized under this Article and Articles 1F and 1H of this
16Code. The appropriation may be allocated and expended by the
17State Board for contractual services to provide technical
18assistance or consultation to school districts to assess their
19financial condition and to Financial Oversight Panels that
20petition for emergency financial assistance grants. The
21Illinois Finance Authority may provide loans to school
22districts which are the subject of an approved petition for
23emergency financial assistance under Section 1B-4, 1F-62, or

 

 

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11H-65 of this Code. Neither the State Board of Education nor
2the Illinois Finance Authority may collect any fees for
3providing these services.
4    From the amount allocated to each such school district
5under this Article the State Board shall identify a sum
6sufficient to cover all approved costs of the Financial
7Oversight Panel established for the respective school
8district. If the State Board and State Superintendent of
9Education have not approved emergency financial assistance in
10conjunction with the appointment of a Financial Oversight
11Panel, the Panel's approved costs shall be paid from
12deductions from the district's general State aid or
13evidence-based funding.
14    The Financial Oversight Panel may prepare and file with
15the State Superintendent a proposal for emergency financial
16assistance for the school district and for its operations
17budget. No expenditures from the Fund shall be authorized by
18the State Superintendent until he or she has approved the
19request of the Panel, either as submitted or in such lesser
20amount determined by the State Superintendent.
21    The maximum amount of an emergency financial assistance
22loan which may be allocated to any school district under this
23Article, including moneys necessary for the operations of the
24Panel, shall not exceed $4,000 times the number of pupils
25enrolled in the school district during the school year ending
26June 30 prior to the date of approval by the State Board of the

 

 

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1petition for emergency financial assistance, as certified to
2the local board and the Panel by the State Superintendent. An
3emergency financial assistance grant shall not exceed $1,000
4times the number of such pupils. A district may receive both a
5loan and a grant.
6    The payment of an emergency State financial assistance
7grant or loan shall be subject to appropriation by the General
8Assembly. Payment of the emergency State financial assistance
9loan is subject to the applicable provisions of the Illinois
10Finance Authority Act. Emergency State financial assistance
11allocated and paid to a school district under this Article may
12be applied to any fund or funds from which the local board of
13education of that district is authorized to make expenditures
14by law.
15    Any emergency financial assistance grant proposed by the
16Financial Oversight Panel and approved by the State
17Superintendent may be paid in its entirety during the initial
18year of the Panel's existence or spread in equal or declining
19amounts over a period of years not to exceed the period of the
20Panel's existence. An emergency financial assistance loan
21proposed by the Financial Oversight Panel and approved by the
22Illinois Finance Authority may be paid in its entirety during
23the initial year of the Panel's existence or spread in equal or
24declining amounts over a period of years not to exceed the
25period of the Panel's existence. All loans made by the
26Illinois Finance Authority for a school district shall be

 

 

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1required to be repaid, with simple interest over the term of
2the loan at a rate equal to 50% of the one-year Constant
3Maturity Treasury (CMT) yield as last published by the Board
4of Governors of the Federal Reserve System before the date on
5which the district's loan is approved by the Illinois Finance
6Authority, not later than the date the Financial Oversight
7Panel ceases to exist. The Panel shall establish and the
8Illinois Finance Authority shall approve the terms and
9conditions, including the schedule, of repayments. The
10schedule shall provide for repayments commencing July 1 of
11each year or upon each fiscal year's receipt of moneys from a
12tax levy for emergency financial assistance. Repayment shall
13be incorporated into the annual budget of the school district
14and may be made from any fund or funds of the district in which
15there are moneys available. An emergency financial assistance
16loan to the Panel or district shall not be considered part of
17the calculation of a district's debt for purposes of the
18limitation specified in Section 19-1 of this Code. Default on
19repayment is subject to the Illinois Grant Funds Recovery Act.
20When moneys are repaid as provided herein they shall not be
21made available to the local board for further use as emergency
22financial assistance under this Article at any time
23thereafter. All repayments required to be made by a school
24district shall be received by the State Board and deposited in
25the School District Emergency Financial Assistance Fund.
26    In establishing the terms and conditions for the repayment

 

 

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1obligation of the school district the Panel shall annually
2determine whether a separate local property tax levy is
3required. The board of any school district with a tax rate for
4educational purposes for the prior year of less than 120% of
5the maximum rate for educational purposes authorized by
6Section 17-2 shall provide for a separate tax levy for
7emergency financial assistance repayment purposes. Such tax
8levy shall not be subject to referendum approval. The amount
9of the levy shall be equal to the amount necessary to meet the
10annual repayment obligations of the district as established by
11the Panel, or 20% of the amount levied for educational
12purposes for the prior year, whichever is less. However, no
13district shall be required to levy the tax if the district's
14operating tax rate as determined under Section 18-8, 18-8.05,
15or 18-8.15 exceeds 200% of the district's tax rate for
16educational purposes for the prior year.
17(Source: P.A. 100-465, eff. 8-31-17.)
 
18    (105 ILCS 5/1F-25)
19(This Section scheduled to be repealed in accordance with 105
20ILCS 5/1F-165)
21    Sec. 1F-25. General powers. The purposes of the Authority
22shall be to exercise financial control over the district and
23to furnish financial assistance so that the district can
24provide public education within the district's jurisdiction
25while permitting the district to meet its obligations to its

 

 

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1creditors and the holders of its debt. Except as expressly
2limited by this Article, the Authority shall have all powers
3granted to a voluntary or involuntary Financial Oversight
4Panel and to a Financial Administrator under Article 1B of
5this Code and all other powers necessary to meet its
6responsibilities and to carry out its purposes and the
7purposes of this Article, including without limitation all of
8the following powers, provided that the Authority shall have
9no power to terminate any employee without following the
10statutory procedures for such terminations set forth in this
11Code:
12        (1) To sue and to be sued.
13        (2) To make, cancel, modify, and execute contracts,
14    leases, subleases, and all other instruments or agreements
15    necessary or convenient for the exercise of the powers and
16    functions granted by this Article, subject to Section
17    1F-45 of this Code. The Authority may at a regular or
18    special meeting find that the district has insufficient or
19    inadequate funds with respect to any contract, other than
20    collective bargaining agreements.
21        (3) To purchase real or personal property necessary or
22    convenient for its purposes; to execute and deliver deeds
23    for real property held in its own name; and to sell, lease,
24    or otherwise dispose of such of its property as, in the
25    judgment of the Authority, is no longer necessary for its
26    purposes.

 

 

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1        (4) To appoint officers, agents, and employees of the
2    Authority, including a chief executive officer, a chief
3    fiscal officer, and a chief educational officer; to define
4    their duties and qualifications; and to fix their
5    compensation and employee benefits.
6        (5) To transfer to the district such sums of money as
7    are not required for other purposes.
8        (6) To borrow money, including without limitation
9    accepting State loans, and to issue obligations pursuant
10    to this Article; to fund, refund, or advance refund the
11    same; to provide for the rights of the holders of its
12    obligations; and to repay any advances.
13        (6.5) To levy all property tax levies that otherwise
14    could be levied by the district, and to make levies
15    pursuant to Section 1F-62 of this Code. This levy or
16    levies shall be exempt from the Truth in Taxation Law and
17    the Cook County Truth in Taxation Law.
18        (7) Subject to the provisions of any contract with or
19    for the benefit of the holders of its obligations, to
20    purchase or redeem its obligations.
21        (8) To procure all necessary goods and services for
22    the Authority in compliance with the purchasing laws and
23    requirements applicable to the district.
24        (9) To do any and all things necessary or convenient
25    to carry out its purposes and exercise the powers given to
26    it by this Article.

 

 

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1        (10) To recommend annexation, consolidation,
2    dissolution, or reorganization of the district, in whole
3    or in part, to the State Board if in the Authority's
4    judgment the circumstances so require. No such proposal
5    for annexation, consolidation, dissolution, or
6    reorganization shall occur unless the Authority and the
7    school boards of all other districts directly affected by
8    the annexation, consolidation, dissolution, or
9    reorganization have each approved by majority vote the
10    annexation, consolidation, dissolution, or
11    reorganization. Notwithstanding any other law to the
12    contrary, upon approval of the proposal by the State
13    Board, the State Board and all other affected entities
14    shall forthwith implement the proposal. When a dissolution
15    and annexation becomes effective for purposes of
16    administration and attendance, the positions of teachers
17    in contractual continued service in the district being
18    dissolved shall be transferred to the annexing district or
19    districts, pursuant to the provisions of Section 24-12 of
20    this Code. In the event that the territory is added to 2 or
21    more districts, the decision on which positions shall be
22    transferred to which annexing districts shall be made by
23    giving consideration to the proportionate percentage of
24    pupils transferred and the annexing districts' staffing
25    needs, and the transfer of teachers in contractual
26    continued service into positions shall be based upon the

 

 

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1    request of those teachers in contractual continued service
2    in order of seniority in the dissolving district. The
3    status of all teachers in contractual continued service
4    transferred to an annexing district shall not be lost, and
5    the board of the annexing district is subject to this Code
6    with respect to teachers in contractual continued service
7    who are transferred in the same manner as if the person
8    were the annexing district's employee and had been its
9    employee during the time the person was actually employed
10    by the board of the dissolving district from which the
11    position was transferred.
12(Source: P.A. 92-855, eff. 12-6-02.)
 
13    (105 ILCS 5/1F-90)
14(This Section scheduled to be repealed in accordance with 105
15ILCS 5/1F-165)
16    Sec. 1F-90. Tax anticipation warrants. An Authority shall
17have the same power to issue tax anticipation warrants as a
18school board under Section 17-16 of this Code. Tax
19anticipation warrants are considered borrowing from sources
20other than the State and are subject to Section 1F-62 of this
21Code.
22(Source: P.A. 92-855, eff. 12-6-02.)
 
23    (105 ILCS 5/2-3.146)
24    Sec. 2-3.146. Severely overcrowded schools grant program.

 

 

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1There is created a grant program, subject to appropriation,
2for severely overcrowded schools. The State Board of Education
3shall administer the program. Grant funds may be used for
4purposes of relieving overcrowding. In order for a school
5district to be eligible for a grant under this Section, (i) the
6main administrative office of the district must be located in
7a city of 85,000 or more in population, according to the 2000
8U.S. Census, and (ii) the school district must have a
9district-wide percentage of low-income students of 70% or
10more, as identified by the 2005-2006 School Report Cards
11published by the State Board of Education, and (iii) the
12school district must not be eligible for a fast growth grant
13under Section 18-8.10 of this Code. The State Board of
14Education shall distribute the funds on a proportional basis
15with no single district receiving more than 75% of the funds in
16any given year. The State Board of Education may adopt rules as
17needed for the implementation and distribution of grants under
18this Section.
19(Source: P.A. 95-707, eff. 1-11-08.)
 
20    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
21    Sec. 10-21.9. Criminal history records checks and checks
22of the Statewide Sex Offender Database and Statewide Murderer
23and Violent Offender Against Youth Database.
24    (a) Licensed and nonlicensed applicants for employment
25with a school district, except school bus driver applicants,

 

 

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1are required as a condition of employment to authorize a
2fingerprint-based criminal history records check to determine
3if such applicants have been convicted of any disqualifying,
4enumerated criminal or drug offenses in subsection (c) of this
5Section or have been convicted, within 7 years of the
6application for employment with the school district, of any
7other felony under the laws of this State or of any offense
8committed or attempted in any other state or against the laws
9of the United States that, if committed or attempted in this
10State, would have been punishable as a felony under the laws of
11this State. Authorization for the check shall be furnished by
12the applicant to the school district, except that if the
13applicant is a substitute teacher seeking employment in more
14than one school district, a teacher seeking concurrent
15part-time employment positions with more than one school
16district (as a reading specialist, special education teacher
17or otherwise), or an educational support personnel employee
18seeking employment positions with more than one district, any
19such district may require the applicant to furnish
20authorization for the check to the regional superintendent of
21the educational service region in which are located the school
22districts in which the applicant is seeking employment as a
23substitute or concurrent part-time teacher or concurrent
24educational support personnel employee. Upon receipt of this
25authorization, the school district or the appropriate regional
26superintendent, as the case may be, shall submit the

 

 

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1applicant's name, sex, race, date of birth, social security
2number, fingerprint images, and other identifiers, as
3prescribed by the Illinois State Police, to the Illinois State
4Police. The regional superintendent submitting the requisite
5information to the Illinois State Police shall promptly notify
6the school districts in which the applicant is seeking
7employment as a substitute or concurrent part-time teacher or
8concurrent educational support personnel employee that the
9check of the applicant has been requested. The Illinois State
10Police and the Federal Bureau of Investigation shall furnish,
11pursuant to a fingerprint-based criminal history records
12check, records of convictions, forever and hereinafter, until
13expunged, to the president of the school board for the school
14district that requested the check, or to the regional
15superintendent who requested the check. The Illinois State
16Police shall charge the school district or the appropriate
17regional superintendent a fee for conducting such check, which
18fee shall be deposited in the State Police Services Fund and
19shall not exceed the cost of the inquiry; and the applicant
20shall not be charged a fee for such check by the school
21district or by the regional superintendent, except that those
22applicants seeking employment as a substitute teacher with a
23school district may be charged a fee not to exceed the cost of
24the inquiry. Subject to appropriations for these purposes, the
25State Superintendent of Education shall reimburse school
26districts and regional superintendents for fees paid to obtain

 

 

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1criminal history records checks under this Section.
2    (a-5) The school district or regional superintendent shall
3further perform a check of the Statewide Sex Offender
4Database, as authorized by the Sex Offender Community
5Notification Law, for each applicant. The check of the
6Statewide Sex Offender Database must be conducted by the
7school district or regional superintendent once for every 5
8years that an applicant remains employed by the school
9district.
10    (a-6) The school district or regional superintendent shall
11further perform a check of the Statewide Murderer and Violent
12Offender Against Youth Database, as authorized by the Murderer
13and Violent Offender Against Youth Community Notification Law,
14for each applicant. The check of the Murderer and Violent
15Offender Against Youth Database must be conducted by the
16school district or regional superintendent once for every 5
17years that an applicant remains employed by the school
18district.
19    (b) Any information concerning the record of convictions
20obtained by the president of the school board or the regional
21superintendent shall be confidential and may only be
22transmitted to the superintendent of the school district or
23his designee, the appropriate regional superintendent if the
24check was requested by the school district, the presidents of
25the appropriate school boards if the check was requested from
26the Illinois State Police by the regional superintendent, the

 

 

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1State Board of Education and a school district as authorized
2under subsection (b-5), the State Superintendent of Education,
3the State Educator Preparation and Licensure Board, any other
4person necessary to the decision of hiring the applicant for
5employment, or for clarification purposes the Illinois State
6Police or Statewide Sex Offender Database, or both. A copy of
7the record of convictions obtained from the Illinois State
8Police shall be provided to the applicant for employment. Upon
9the check of the Statewide Sex Offender Database or Statewide
10Murderer and Violent Offender Against Youth Database, the
11school district or regional superintendent shall notify an
12applicant as to whether or not the applicant has been
13identified in the Database. If a check of an applicant for
14employment as a substitute or concurrent part-time teacher or
15concurrent educational support personnel employee in more than
16one school district was requested by the regional
17superintendent, and the Illinois State Police upon a check
18ascertains that the applicant has not been convicted of any of
19the enumerated criminal or drug offenses in subsection (c) of
20this Section or has not been convicted, within 7 years of the
21application for employment with the school district, of any
22other felony under the laws of this State or of any offense
23committed or attempted in any other state or against the laws
24of the United States that, if committed or attempted in this
25State, would have been punishable as a felony under the laws of
26this State and so notifies the regional superintendent and if

 

 

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1the regional superintendent upon a check ascertains that the
2applicant has not been identified in the Sex Offender Database
3or Statewide Murderer and Violent Offender Against Youth
4Database, then the regional superintendent shall issue to the
5applicant a certificate evidencing that as of the date
6specified by the Illinois State Police the applicant has not
7been convicted of any of the enumerated criminal or drug
8offenses in subsection (c) of this Section or has not been
9convicted, within 7 years of the application for employment
10with the school district, of any other felony under the laws of
11this State or of any offense committed or attempted in any
12other state or against the laws of the United States that, if
13committed or attempted in this State, would have been
14punishable as a felony under the laws of this State and
15evidencing that as of the date that the regional
16superintendent conducted a check of the Statewide Sex Offender
17Database or Statewide Murderer and Violent Offender Against
18Youth Database, the applicant has not been identified in the
19Database. The school board of any school district may rely on
20the certificate issued by any regional superintendent to that
21substitute teacher, concurrent part-time teacher, or
22concurrent educational support personnel employee or may
23initiate its own criminal history records check of the
24applicant through the Illinois State Police and its own check
25of the Statewide Sex Offender Database or Statewide Murderer
26and Violent Offender Against Youth Database as provided in

 

 

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1this Section. Any unauthorized release of confidential
2information may be a violation of Section 7 of the Criminal
3Identification Act.
4    (b-5) If a criminal history records check or check of the
5Statewide Sex Offender Database or Statewide Murderer and
6Violent Offender Against Youth Database is performed by a
7regional superintendent for an applicant seeking employment as
8a substitute teacher with a school district, the regional
9superintendent may disclose to the State Board of Education
10whether the applicant has been issued a certificate under
11subsection (b) based on those checks. If the State Board
12receives information on an applicant under this subsection,
13then it must indicate in the Educator Licensure Information
14System for a 90-day period that the applicant has been issued
15or has not been issued a certificate.
16    (c) No school board shall knowingly employ a person who
17has been convicted of any offense that would subject him or her
18to license suspension or revocation pursuant to Section 21B-80
19of this Code, except as provided under subsection (b) of
20Section 21B-80. Further, no school board shall knowingly
21employ a person who has been found to be the perpetrator of
22sexual or physical abuse of any minor under 18 years of age
23pursuant to proceedings under Article II of the Juvenile Court
24Act of 1987. As a condition of employment, each school board
25must consider the status of a person who has been issued an
26indicated finding of abuse or neglect of a child by the

 

 

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1Department of Children and Family Services under the Abused
2and Neglected Child Reporting Act or by a child welfare agency
3of another jurisdiction.
4    (d) No school board shall knowingly employ a person for
5whom a criminal history records check and a Statewide Sex
6Offender Database check have not been initiated.
7    (e) Within 10 days after a superintendent, regional office
8of education, or entity that provides background checks of
9license holders to public schools receives information of a
10pending criminal charge against a license holder for an
11offense set forth in Section 21B-80 of this Code, the
12superintendent, regional office of education, or entity must
13notify the State Superintendent of Education of the pending
14criminal charge.
15    If permissible by federal or State law, no later than 15
16business days after receipt of a record of conviction or of
17checking the Statewide Murderer and Violent Offender Against
18Youth Database or the Statewide Sex Offender Database and
19finding a registration, the superintendent of the employing
20school board or the applicable regional superintendent shall,
21in writing, notify the State Superintendent of Education of
22any license holder who has been convicted of a crime set forth
23in Section 21B-80 of this Code. Upon receipt of the record of a
24conviction of or a finding of child abuse by a holder of any
25license issued pursuant to Article 21B or Section 34-8.1 or
2634-83 of this the School Code, the State Superintendent of

 

 

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1Education may initiate licensure suspension and revocation
2proceedings as authorized by law. If the receipt of the record
3of conviction or finding of child abuse is received within 6
4months after the initial grant of or renewal of a license, the
5State Superintendent of Education may rescind the license
6holder's license.
7    (e-5) The superintendent of the employing school board
8shall, in writing, notify the State Superintendent of
9Education and the applicable regional superintendent of
10schools of any license holder whom he or she has reasonable
11cause to believe has committed an intentional act of abuse or
12neglect with the result of making a child an abused child or a
13neglected child, as defined in Section 3 of the Abused and
14Neglected Child Reporting Act, and that act resulted in the
15license holder's dismissal or resignation from the school
16district. This notification must be submitted within 30 days
17after the dismissal or resignation and must include the
18Illinois Educator Identification Number (IEIN) of the license
19holder and a brief description of the misconduct alleged. The
20license holder must also be contemporaneously sent a copy of
21the notice by the superintendent. All correspondence,
22documentation, and other information so received by the
23regional superintendent of schools, the State Superintendent
24of Education, the State Board of Education, or the State
25Educator Preparation and Licensure Board under this subsection
26(e-5) is confidential and must not be disclosed to third

 

 

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1parties, except (i) as necessary for the State Superintendent
2of Education or his or her designee to investigate and
3prosecute pursuant to Article 21B of this Code, (ii) pursuant
4to a court order, (iii) for disclosure to the license holder or
5his or her representative, or (iv) as otherwise provided in
6this Article and provided that any such information admitted
7into evidence in a hearing is exempt from this confidentiality
8and non-disclosure requirement. Except for an act of willful
9or wanton misconduct, any superintendent who provides
10notification as required in this subsection (e-5) shall have
11immunity from any liability, whether civil or criminal or that
12otherwise might result by reason of such action.
13    (f) After January 1, 1990 the provisions of this Section
14shall apply to all employees of persons or firms holding
15contracts with any school district including, but not limited
16to, food service workers, school bus drivers and other
17transportation employees, who have direct, daily contact with
18the pupils of any school in such district. For purposes of
19criminal history records checks and checks of the Statewide
20Sex Offender Database on employees of persons or firms holding
21contracts with more than one school district and assigned to
22more than one school district, the regional superintendent of
23the educational service region in which the contracting school
24districts are located may, at the request of any such school
25district, be responsible for receiving the authorization for a
26criminal history records check prepared by each such employee

 

 

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1and submitting the same to the Illinois State Police and for
2conducting a check of the Statewide Sex Offender Database for
3each employee. Any information concerning the record of
4conviction and identification as a sex offender of any such
5employee obtained by the regional superintendent shall be
6promptly reported to the president of the appropriate school
7board or school boards.
8    (f-5) Upon request of a school or school district, any
9information obtained by a school district pursuant to
10subsection (f) of this Section within the last year must be
11made available to the requesting school or school district.
12    (g) Prior to the commencement of any student teaching
13experience or required internship (which is referred to as
14student teaching in this Section) in the public schools, a
15student teacher is required to authorize a fingerprint-based
16criminal history records check. Authorization for and payment
17of the costs of the check must be furnished by the student
18teacher to the school district where the student teaching is
19to be completed. Upon receipt of this authorization and
20payment, the school district shall submit the student
21teacher's name, sex, race, date of birth, social security
22number, fingerprint images, and other identifiers, as
23prescribed by the Illinois State Police, to the Illinois State
24Police. The Illinois State Police and the Federal Bureau of
25Investigation shall furnish, pursuant to a fingerprint-based
26criminal history records check, records of convictions,

 

 

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1forever and hereinafter, until expunged, to the president of
2the school board for the school district that requested the
3check. The Illinois State Police shall charge the school
4district a fee for conducting the check, which fee must not
5exceed the cost of the inquiry and must be deposited into the
6State Police Services Fund. The school district shall further
7perform a check of the Statewide Sex Offender Database, as
8authorized by the Sex Offender Community Notification Law, and
9of the Statewide Murderer and Violent Offender Against Youth
10Database, as authorized by the Murderer and Violent Offender
11Against Youth Registration Act, for each student teacher. No
12school board may knowingly allow a person to student teach for
13whom a criminal history records check, a Statewide Sex
14Offender Database check, and a Statewide Murderer and Violent
15Offender Against Youth Database check have not been completed
16and reviewed by the district.
17    A copy of the record of convictions obtained from the
18Illinois State Police must be provided to the student teacher.
19Any information concerning the record of convictions obtained
20by the president of the school board is confidential and may
21only be transmitted to the superintendent of the school
22district or his or her designee, the State Superintendent of
23Education, the State Educator Preparation and Licensure Board,
24or, for clarification purposes, the Illinois State Police or
25the Statewide Sex Offender Database or Statewide Murderer and
26Violent Offender Against Youth Database. Any unauthorized

 

 

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1release of confidential information may be a violation of
2Section 7 of the Criminal Identification Act.
3    No school board shall knowingly allow a person to student
4teach who has been convicted of any offense that would subject
5him or her to license suspension or revocation pursuant to
6subsection (c) of Section 21B-80 of this Code, except as
7provided under subsection (b) of Section 21B-80. Further, no
8school board shall allow a person to student teach if he or she
9has been found to be the perpetrator of sexual or physical
10abuse of a minor under 18 years of age pursuant to proceedings
11under Article II of the Juvenile Court Act of 1987. Each school
12board must consider the status of a person to student teach who
13has been issued an indicated finding of abuse or neglect of a
14child by the Department of Children and Family Services under
15the Abused and Neglected Child Reporting Act or by a child
16welfare agency of another jurisdiction.
17    (h) (Blank).
18(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
19101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
201-1-22; revised 10-6-21.)
 
21    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
22    Sec. 34-18.5. Criminal history records checks and checks
23of the Statewide Sex Offender Database and Statewide Murderer
24and Violent Offender Against Youth Database.
25    (a) Licensed and nonlicensed applicants for employment

 

 

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1with the school district are required as a condition of
2employment to authorize a fingerprint-based criminal history
3records check to determine if such applicants have been
4convicted of any disqualifying, enumerated criminal or drug
5offense in subsection (c) of this Section or have been
6convicted, within 7 years of the application for employment
7with the school district, of any other felony under the laws of
8this State or of any offense committed or attempted in any
9other state or against the laws of the United States that, if
10committed or attempted in this State, would have been
11punishable as a felony under the laws of this State.
12Authorization for the check shall be furnished by the
13applicant to the school district, except that if the applicant
14is a substitute teacher seeking employment in more than one
15school district, or a teacher seeking concurrent part-time
16employment positions with more than one school district (as a
17reading specialist, special education teacher or otherwise),
18or an educational support personnel employee seeking
19employment positions with more than one district, any such
20district may require the applicant to furnish authorization
21for the check to the regional superintendent of the
22educational service region in which are located the school
23districts in which the applicant is seeking employment as a
24substitute or concurrent part-time teacher or concurrent
25educational support personnel employee. Upon receipt of this
26authorization, the school district or the appropriate regional

 

 

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1superintendent, as the case may be, shall submit the
2applicant's name, sex, race, date of birth, social security
3number, fingerprint images, and other identifiers, as
4prescribed by the Illinois State Police, to the Illinois State
5Police. The regional superintendent submitting the requisite
6information to the Illinois State Police shall promptly notify
7the school districts in which the applicant is seeking
8employment as a substitute or concurrent part-time teacher or
9concurrent educational support personnel employee that the
10check of the applicant has been requested. The Illinois State
11Police and the Federal Bureau of Investigation shall furnish,
12pursuant to a fingerprint-based criminal history records
13check, records of convictions, forever and hereinafter, until
14expunged, to the president of the school board for the school
15district that requested the check, or to the regional
16superintendent who requested the check. The Illinois State
17Police shall charge the school district or the appropriate
18regional superintendent a fee for conducting such check, which
19fee shall be deposited in the State Police Services Fund and
20shall not exceed the cost of the inquiry; and the applicant
21shall not be charged a fee for such check by the school
22district or by the regional superintendent. Subject to
23appropriations for these purposes, the State Superintendent of
24Education shall reimburse the school district and regional
25superintendent for fees paid to obtain criminal history
26records checks under this Section.

 

 

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1    (a-5) The school district or regional superintendent shall
2further perform a check of the Statewide Sex Offender
3Database, as authorized by the Sex Offender Community
4Notification Law, for each applicant. The check of the
5Statewide Sex Offender Database must be conducted by the
6school district or regional superintendent once for every 5
7years that an applicant remains employed by the school
8district.
9    (a-6) The school district or regional superintendent shall
10further perform a check of the Statewide Murderer and Violent
11Offender Against Youth Database, as authorized by the Murderer
12and Violent Offender Against Youth Community Notification Law,
13for each applicant. The check of the Murderer and Violent
14Offender Against Youth Database must be conducted by the
15school district or regional superintendent once for every 5
16years that an applicant remains employed by the school
17district.
18    (b) Any information concerning the record of convictions
19obtained by the president of the board of education or the
20regional superintendent shall be confidential and may only be
21transmitted to the general superintendent of the school
22district or his designee, the appropriate regional
23superintendent if the check was requested by the board of
24education for the school district, the presidents of the
25appropriate board of education or school boards if the check
26was requested from the Illinois State Police by the regional

 

 

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1superintendent, the State Board of Education and the school
2district as authorized under subsection (b-5), the State
3Superintendent of Education, the State Educator Preparation
4and Licensure Board or any other person necessary to the
5decision of hiring the applicant for employment. A copy of the
6record of convictions obtained from the Illinois State Police
7shall be provided to the applicant for employment. Upon the
8check of the Statewide Sex Offender Database or Statewide
9Murderer and Violent Offender Against Youth Database, the
10school district or regional superintendent shall notify an
11applicant as to whether or not the applicant has been
12identified in the Database. If a check of an applicant for
13employment as a substitute or concurrent part-time teacher or
14concurrent educational support personnel employee in more than
15one school district was requested by the regional
16superintendent, and the Illinois State Police upon a check
17ascertains that the applicant has not been convicted of any of
18the enumerated criminal or drug offenses in subsection (c) of
19this Section or has not been convicted, within 7 years of the
20application for employment with the school district, of any
21other felony under the laws of this State or of any offense
22committed or attempted in any other state or against the laws
23of the United States that, if committed or attempted in this
24State, would have been punishable as a felony under the laws of
25this State and so notifies the regional superintendent and if
26the regional superintendent upon a check ascertains that the

 

 

HB5188 Engrossed- 27 -LRB102 24778 CMG 34021 b

1applicant has not been identified in the Sex Offender Database
2or Statewide Murderer and Violent Offender Against Youth
3Database, then the regional superintendent shall issue to the
4applicant a certificate evidencing that as of the date
5specified by the Illinois State Police the applicant has not
6been convicted of any of the enumerated criminal or drug
7offenses in subsection (c) of this Section or has not been
8convicted, within 7 years of the application for employment
9with the school district, of any other felony under the laws of
10this State or of any offense committed or attempted in any
11other state or against the laws of the United States that, if
12committed or attempted in this State, would have been
13punishable as a felony under the laws of this State and
14evidencing that as of the date that the regional
15superintendent conducted a check of the Statewide Sex Offender
16Database or Statewide Murderer and Violent Offender Against
17Youth Database, the applicant has not been identified in the
18Database. The school board of any school district may rely on
19the certificate issued by any regional superintendent to that
20substitute teacher, concurrent part-time teacher, or
21concurrent educational support personnel employee or may
22initiate its own criminal history records check of the
23applicant through the Illinois State Police and its own check
24of the Statewide Sex Offender Database or Statewide Murderer
25and Violent Offender Against Youth Database as provided in
26this Section. Any unauthorized release of confidential

 

 

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1information may be a violation of Section 7 of the Criminal
2Identification Act.
3    (b-5) If a criminal history records check or check of the
4Statewide Sex Offender Database or Statewide Murderer and
5Violent Offender Against Youth Database is performed by a
6regional superintendent for an applicant seeking employment as
7a substitute teacher with the school district, the regional
8superintendent may disclose to the State Board of Education
9whether the applicant has been issued a certificate under
10subsection (b) based on those checks. If the State Board
11receives information on an applicant under this subsection,
12then it must indicate in the Educator Licensure Information
13System for a 90-day period that the applicant has been issued
14or has not been issued a certificate.
15    (c) The board of education shall not knowingly employ a
16person who has been convicted of any offense that would
17subject him or her to license suspension or revocation
18pursuant to Section 21B-80 of this Code, except as provided
19under subsection (b) of 21B-80. Further, the board of
20education shall not knowingly employ a person who has been
21found to be the perpetrator of sexual or physical abuse of any
22minor under 18 years of age pursuant to proceedings under
23Article II of the Juvenile Court Act of 1987. As a condition of
24employment, the board of education must consider the status of
25a person who has been issued an indicated finding of abuse or
26neglect of a child by the Department of Children and Family

 

 

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1Services under the Abused and Neglected Child Reporting Act or
2by a child welfare agency of another jurisdiction.
3    (d) The board of education shall not knowingly employ a
4person for whom a criminal history records check and a
5Statewide Sex Offender Database check have not been initiated.
6    (e) Within 10 days after the general superintendent of
7schools, a regional office of education, or an entity that
8provides background checks of license holders to public
9schools receives information of a pending criminal charge
10against a license holder for an offense set forth in Section
1121B-80 of this Code, the superintendent, regional office of
12education, or entity must notify the State Superintendent of
13Education of the pending criminal charge.
14    No later than 15 business days after receipt of a record of
15conviction or of checking the Statewide Murderer and Violent
16Offender Against Youth Database or the Statewide Sex Offender
17Database and finding a registration, the general
18superintendent of schools or the applicable regional
19superintendent shall, in writing, notify the State
20Superintendent of Education of any license holder who has been
21convicted of a crime set forth in Section 21B-80 of this Code.
22Upon receipt of the record of a conviction of or a finding of
23child abuse by a holder of any license issued pursuant to
24Article 21B or Section 34-8.1 or 34-83 of this Code, the State
25Superintendent of Education may initiate licensure suspension
26and revocation proceedings as authorized by law. If the

 

 

HB5188 Engrossed- 30 -LRB102 24778 CMG 34021 b

1receipt of the record of conviction or finding of child abuse
2is received within 6 months after the initial grant of or
3renewal of a license, the State Superintendent of Education
4may rescind the license holder's license.
5    (e-5) The general superintendent of schools shall, in
6writing, notify the State Superintendent of Education of any
7license holder whom he or she has reasonable cause to believe
8has committed an intentional act of abuse or neglect with the
9result of making a child an abused child or a neglected child,
10as defined in Section 3 of the Abused and Neglected Child
11Reporting Act, and that act resulted in the license holder's
12dismissal or resignation from the school district and must
13include the Illinois Educator Identification Number (IEIN) of
14the license holder and a brief description of the misconduct
15alleged. This notification must be submitted within 30 days
16after the dismissal or resignation. The license holder must
17also be contemporaneously sent a copy of the notice by the
18superintendent. All correspondence, documentation, and other
19information so received by the State Superintendent of
20Education, the State Board of Education, or the State Educator
21Preparation and Licensure Board under this subsection (e-5) is
22confidential and must not be disclosed to third parties,
23except (i) as necessary for the State Superintendent of
24Education or his or her designee to investigate and prosecute
25pursuant to Article 21B of this Code, (ii) pursuant to a court
26order, (iii) for disclosure to the license holder or his or her

 

 

HB5188 Engrossed- 31 -LRB102 24778 CMG 34021 b

1representative, or (iv) as otherwise provided in this Article
2and provided that any such information admitted into evidence
3in a hearing is exempt from this confidentiality and
4non-disclosure requirement. Except for an act of willful or
5wanton misconduct, any superintendent who provides
6notification as required in this subsection (e-5) shall have
7immunity from any liability, whether civil or criminal or that
8otherwise might result by reason of such action.
9    (f) After March 19, 1990, the provisions of this Section
10shall apply to all employees of persons or firms holding
11contracts with any school district including, but not limited
12to, food service workers, school bus drivers and other
13transportation employees, who have direct, daily contact with
14the pupils of any school in such district. For purposes of
15criminal history records checks and checks of the Statewide
16Sex Offender Database on employees of persons or firms holding
17contracts with more than one school district and assigned to
18more than one school district, the regional superintendent of
19the educational service region in which the contracting school
20districts are located may, at the request of any such school
21district, be responsible for receiving the authorization for a
22criminal history records check prepared by each such employee
23and submitting the same to the Illinois State Police and for
24conducting a check of the Statewide Sex Offender Database for
25each employee. Any information concerning the record of
26conviction and identification as a sex offender of any such

 

 

HB5188 Engrossed- 32 -LRB102 24778 CMG 34021 b

1employee obtained by the regional superintendent shall be
2promptly reported to the president of the appropriate school
3board or school boards.
4    (f-5) Upon request of a school or school district, any
5information obtained by the school district pursuant to
6subsection (f) of this Section within the last year must be
7made available to the requesting school or school district.
8    (g) Prior to the commencement of any student teaching
9experience or required internship (which is referred to as
10student teaching in this Section) in the public schools, a
11student teacher is required to authorize a fingerprint-based
12criminal history records check. Authorization for and payment
13of the costs of the check must be furnished by the student
14teacher to the school district. Upon receipt of this
15authorization and payment, the school district shall submit
16the student teacher's name, sex, race, date of birth, social
17security number, fingerprint images, and other identifiers, as
18prescribed by the Illinois State Police, to the Illinois State
19Police. The Illinois State Police and the Federal Bureau of
20Investigation shall furnish, pursuant to a fingerprint-based
21criminal history records check, records of convictions,
22forever and hereinafter, until expunged, to the president of
23the board. The Illinois State Police shall charge the school
24district a fee for conducting the check, which fee must not
25exceed the cost of the inquiry and must be deposited into the
26State Police Services Fund. The school district shall further

 

 

HB5188 Engrossed- 33 -LRB102 24778 CMG 34021 b

1perform a check of the Statewide Sex Offender Database, as
2authorized by the Sex Offender Community Notification Law, and
3of the Statewide Murderer and Violent Offender Against Youth
4Database, as authorized by the Murderer and Violent Offender
5Against Youth Registration Act, for each student teacher. The
6board may not knowingly allow a person to student teach for
7whom a criminal history records check, a Statewide Sex
8Offender Database check, and a Statewide Murderer and Violent
9Offender Against Youth Database check have not been completed
10and reviewed by the district.
11    A copy of the record of convictions obtained from the
12Illinois State Police must be provided to the student teacher.
13Any information concerning the record of convictions obtained
14by the president of the board is confidential and may only be
15transmitted to the general superintendent of schools or his or
16her designee, the State Superintendent of Education, the State
17Educator Preparation and Licensure Board, or, for
18clarification purposes, the Illinois State Police or the
19Statewide Sex Offender Database or Statewide Murderer and
20Violent Offender Against Youth Database. Any unauthorized
21release of confidential information may be a violation of
22Section 7 of the Criminal Identification Act.
23    The board may not knowingly allow a person to student
24teach who has been convicted of any offense that would subject
25him or her to license suspension or revocation pursuant to
26subsection (c) of Section 21B-80 of this Code, except as

 

 

HB5188 Engrossed- 34 -LRB102 24778 CMG 34021 b

1provided under subsection (b) of Section 21B-80. Further, the
2board may not allow a person to student teach if he or she has
3been found to be the perpetrator of sexual or physical abuse of
4a minor under 18 years of age pursuant to proceedings under
5Article II of the Juvenile Court Act of 1987. The board must
6consider the status of a person to student teach who has been
7issued an indicated finding of abuse or neglect of a child by
8the Department of Children and Family Services under the
9Abused and Neglected Child Reporting Act or by a child welfare
10agency of another jurisdiction.
11    (h) (Blank).
12(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
13101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
141-1-22; revised 10-18-21.)
 
15    (105 ILCS 5/1F-62 rep.)
16    (105 ILCS 5/2-3.33a rep.)
17    (105 ILCS 5/2-3.123 rep.)
18    (105 ILCS 5/2-3.128 rep.)
19    (105 ILCS 5/2-3.171 rep.)
20    (105 ILCS 5/2-3.172 rep.)
21    (105 ILCS 5/18-8.10 rep.)
22    (105 ILCS 5/21-5e rep.)
23    (105 ILCS 5/34-83 rep.)
24    Section 10. The School Code is amended by repealing
25Sections 1F-62, 2-3.33a, 2-3.123, 2-3.128, 2-3.171, 2-3.172,

 

 

HB5188 Engrossed- 35 -LRB102 24778 CMG 34021 b

118-8.10, 21-5e, and 34-83.
 
2    Section 15. The Illinois Educational Labor Relations Act
3is amended by changing Section 2 as follows:
 
4    (115 ILCS 5/2)  (from Ch. 48, par. 1702)
5    Sec. 2. Definitions. As used in this Act:
6    (a) "Educational employer" or "employer" means the
7governing body of a public school district, including the
8governing body of a charter school established under Article
927A of the School Code or of a contract school or contract
10turnaround school established under paragraph 30 of Section
1134-18 of the School Code, combination of public school
12districts, including the governing body of joint agreements of
13any type formed by 2 or more school districts, public
14community college district or State college or university, a
15subcontractor of instructional services of a school district
16(other than a school district organized under Article 34 of
17the School Code), combination of school districts, charter
18school established under Article 27A of the School Code, or
19contract school or contract turnaround school established
20under paragraph 30 of Section 34-18 of the School Code, an
21Independent Authority created under Section 2-3.25f-5 of the
22School Code, and any State agency whose major function is
23providing educational services. "Educational employer" or
24"employer" does not include (1) a Financial Oversight Panel

 

 

HB5188 Engrossed- 36 -LRB102 24778 CMG 34021 b

1created pursuant to Section 1A-8 of the School Code due to a
2district violating a financial plan or (2) an approved
3nonpublic special education facility that contracts with a
4school district or combination of school districts to provide
5special education services pursuant to Section 14-7.02 of the
6School Code, but does include a School Finance Authority
7created under Article 1E or 1F of the School Code and a
8Financial Oversight Panel created under Article 1B or 1H of
9the School Code. The change made by this amendatory Act of the
1096th General Assembly to this paragraph (a) to make clear that
11the governing body of a charter school is an "educational
12employer" is declaratory of existing law.
13    (b) "Educational employee" or "employee" means any
14individual, excluding supervisors, managerial, confidential,
15short term employees, student, and part-time academic
16employees of community colleges employed full or part time by
17an educational employer, but shall not include elected
18officials and appointees of the Governor with the advice and
19consent of the Senate, firefighters as defined by subsection
20(g-1) of Section 3 of the Illinois Public Labor Relations Act,
21and peace officers employed by a State university. For the
22purposes of this Act, part-time academic employees of
23community colleges shall be defined as those employees who
24provide less than 3 credit hours of instruction per academic
25semester. In this subsection (b), the term "student" does not
26include graduate students who are research assistants

 

 

HB5188 Engrossed- 37 -LRB102 24778 CMG 34021 b

1primarily performing duties that involve research, graduate
2assistants primarily performing duties that are
3pre-professional, graduate students who are teaching
4assistants primarily performing duties that involve the
5delivery and support of instruction, or any other graduate
6assistants.
7    (c) "Employee organization" or "labor organization" means
8an organization of any kind in which membership includes
9educational employees, and which exists for the purpose, in
10whole or in part, of dealing with employers concerning
11grievances, employee-employer disputes, wages, rates of pay,
12hours of employment, or conditions of work, but shall not
13include any organization which practices discrimination in
14membership because of race, color, creed, age, gender,
15national origin or political affiliation.
16    (d) "Exclusive representative" means the labor
17organization which has been designated by the Illinois
18Educational Labor Relations Board as the representative of the
19majority of educational employees in an appropriate unit, or
20recognized by an educational employer prior to January 1, 1984
21as the exclusive representative of the employees in an
22appropriate unit or, after January 1, 1984, recognized by an
23employer upon evidence that the employee organization has been
24designated as the exclusive representative by a majority of
25the employees in an appropriate unit.
26    (e) "Board" means the Illinois Educational Labor Relations

 

 

HB5188 Engrossed- 38 -LRB102 24778 CMG 34021 b

1Board.
2    (f) "Regional Superintendent" means the regional
3superintendent of schools provided for in Articles 3 and 3A of
4The School Code.
5    (g) "Supervisor" means any individual having authority in
6the interests of the employer to hire, transfer, suspend, lay
7off, recall, promote, discharge, reward or discipline other
8employees within the appropriate bargaining unit and adjust
9their grievances, or to effectively recommend such action if
10the exercise of such authority is not of a merely routine or
11clerical nature but requires the use of independent judgment.
12The term "supervisor" includes only those individuals who
13devote a preponderance of their employment time to such
14exercising authority.
15    (h) "Unfair labor practice" or "unfair practice" means any
16practice prohibited by Section 14 of this Act.
17    (i) "Person" includes an individual, educational employee,
18educational employer, legal representative, or employee
19organization.
20    (j) "Wages" means salaries or other forms of compensation
21for services rendered.
22    (k) "Professional employee" means, in the case of a public
23community college, State college or university, State agency
24whose major function is providing educational services, the
25Illinois School for the Deaf, and the Illinois School for the
26Visually Impaired, (1) any employee engaged in work (i)

 

 

HB5188 Engrossed- 39 -LRB102 24778 CMG 34021 b

1predominantly intellectual and varied in character as opposed
2to routine mental, manual, mechanical, or physical work; (ii)
3involving the consistent exercise of discretion and judgment
4in its performance; (iii) of such character that the output
5produced or the result accomplished cannot be standardized in
6relation to a given period of time; and (iv) requiring
7knowledge of an advanced type in a field of science or learning
8customarily acquired by a prolonged course of specialized
9intellectual instruction and study in an institution of higher
10learning or a hospital, as distinguished from a general
11academic education or from an apprenticeship or from training
12in the performance of routine mental, manual, or physical
13processes; or (2) any employee, who (i) has completed the
14courses of specialized intellectual instruction and study
15described in clause (iv) of paragraph (1) of this subsection,
16and (ii) is performing related work under the supervision of a
17professional person to qualify himself or herself to become a
18professional as defined in paragraph (l).
19    (l) "Professional employee" means, in the case of any
20public school district, or combination of school districts
21pursuant to joint agreement, any employee who has a
22certificate issued under Article 21 or Section 34-83 of the
23School Code, as now or hereafter amended.
24    (m) "Unit" or "bargaining unit" means any group of
25employees for which an exclusive representative is selected.
26    (n) "Confidential employee" means an employee, who (i) in

 

 

HB5188 Engrossed- 40 -LRB102 24778 CMG 34021 b

1the regular course of his or her duties, assists and acts in a
2confidential capacity to persons who formulate, determine and
3effectuate management policies with regard to labor relations
4or who (ii) in the regular course of his or her duties has
5access to information relating to the effectuation or review
6of the employer's collective bargaining policies.
7    (o) "Managerial employee" means an individual who is
8engaged predominantly in executive and management functions
9and is charged with the responsibility of directing the
10effectuation of such management policies and practices.
11    (p) "Craft employee" means a skilled journeyman, craft
12person, and his or her apprentice or helper.
13    (q) "Short-term employee" is an employee who is employed
14for less than 2 consecutive calendar quarters during a
15calendar year and who does not have a reasonable expectation
16that he or she will be rehired by the same employer for the
17same service in a subsequent calendar year. Nothing in this
18subsection shall affect the employee status of individuals who
19were covered by a collective bargaining agreement on the
20effective date of this amendatory Act of 1991.
21(Source: P.A. 101-380, eff. 1-1-20.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.