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Public Act 102-0552 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
10-21.9, 21B-75, 21B-80, 21B-85, 24-11, 24-14, and 34-18.5 as | ||||
follows:
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(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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Sec. 10-21.9. Criminal history records checks and checks | ||||
of the Statewide Sex Offender Database and Statewide Murderer | ||||
and Violent Offender Against Youth Database.
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(a) Licensed and nonlicensed applicants for employment | ||||
with a school
district, except school bus driver applicants, | ||||
are required as a condition
of employment to authorize a | ||||
fingerprint-based criminal history records check to determine | ||||
if such applicants have been convicted of any disqualifying, | ||||
enumerated criminal or drug offenses in subsection (c) of this | ||||
Section or
have been convicted, within 7 years of the | ||||
application for employment with
the
school district, of any | ||||
other felony under the laws of this State or of any
offense | ||||
committed or attempted in any other state or against the laws | ||||
of
the United States that, if committed or attempted in this | ||||
State, would
have been punishable as a felony under the laws of | ||||
this State.
Authorization for
the check shall be furnished by |
the applicant to
the school district, except that if the | ||
applicant is a substitute teacher
seeking employment in more | ||
than one school district, a teacher seeking
concurrent | ||
part-time employment positions with more than one school
| ||
district (as a reading specialist, special education teacher | ||
or otherwise),
or an educational support personnel employee | ||
seeking employment positions
with more than one district, any | ||
such district may require the applicant to
furnish | ||
authorization for
the check to the regional superintendent
of | ||
the educational service region in which are located the school | ||
districts
in which the applicant is seeking employment as a | ||
substitute or concurrent
part-time teacher or concurrent | ||
educational support personnel employee.
Upon receipt of this | ||
authorization, the school district or the appropriate
regional | ||
superintendent, as the case may be, shall submit the | ||
applicant's
name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Department
of State Police, to the | ||
Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that
the
check of the applicant has been requested. The | ||
Department of State Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based |
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of | ||
the school board for the school district that requested the | ||
check, or to the regional superintendent who requested the | ||
check.
The
Department shall charge
the school district
or the | ||
appropriate regional superintendent a fee for
conducting
such | ||
check, which fee shall be deposited in the State
Police | ||
Services Fund and shall not exceed the cost of
the inquiry; and | ||
the
applicant shall not be charged a fee for
such check by the | ||
school
district or by the regional superintendent, except that | ||
those applicants seeking employment as a substitute teacher | ||
with a school district may be charged a fee not to exceed the | ||
cost of the inquiry. Subject to appropriations for these | ||
purposes, the State Superintendent of Education shall | ||
reimburse school districts and regional superintendents for | ||
fees paid to obtain criminal history records checks under this | ||
Section.
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(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender | ||
Database, as authorized by the Sex Offender Community | ||
Notification Law, for each applicant. The check of the | ||
Statewide Sex Offender Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(a-6) The school district or regional superintendent shall |
further perform a check of the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Community Notification Law, | ||
for each applicant. The check of the Murderer and Violent | ||
Offender Against Youth Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(b)
Any information
concerning the record of convictions | ||
obtained by the president of the
school board or the regional | ||
superintendent shall be confidential and may
only be | ||
transmitted to the superintendent of the school district or | ||
his
designee, the appropriate regional superintendent if
the | ||
check was
requested by the school district, the presidents of | ||
the appropriate school
boards if
the check was requested from | ||
the Department of State
Police by the regional superintendent, | ||
the State Board of Education and a school district as | ||
authorized under subsection (b-5), the State Superintendent of
| ||
Education, the State Educator Preparation and Licensure Board, | ||
any other person
necessary to the decision of hiring the | ||
applicant for employment, or for clarification purposes the | ||
Department of State Police or Statewide Sex Offender Database, | ||
or both. A copy
of the record of convictions obtained from the | ||
Department of State Police
shall be provided to the applicant | ||
for employment. Upon the check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against |
Youth Database, the school district or regional superintendent | ||
shall notify an applicant as to whether or not the applicant | ||
has been identified in the Database. If a check of
an applicant | ||
for employment as a substitute or concurrent part-time teacher
| ||
or concurrent educational support personnel employee in more | ||
than one
school district was requested by the regional | ||
superintendent, and the
Department of State Police upon a | ||
check ascertains that the applicant
has not been convicted of | ||
any of the enumerated criminal or drug offenses
in subsection | ||
(c) of this Section
or has not been convicted, within 7 years | ||
of the
application for
employment with the
school district, of | ||
any other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State
and so notifies the regional
superintendent and if | ||
the regional superintendent upon a check ascertains that the | ||
applicant has not been identified in the Sex Offender Database | ||
or Statewide Murderer and Violent Offender Against Youth | ||
Database, then the
regional superintendent shall issue to the | ||
applicant a certificate
evidencing that as of the date | ||
specified by the Department of State Police
the applicant has | ||
not been convicted of any of the enumerated criminal or
drug | ||
offenses in subsection (c) of this Section
or has not been
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convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of |
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and | ||
evidencing that as of the date that the regional | ||
superintendent conducted a check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database, the applicant has not been identified in the | ||
Database. The school
board of
any
school district
may rely on | ||
the
certificate issued by any regional superintendent to that | ||
substitute teacher, concurrent part-time teacher, or | ||
concurrent educational support personnel employee or may
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initiate its own criminal history records check of the | ||
applicant through the Department of
State Police and its own | ||
check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database as | ||
provided in this Section. Any unauthorized release of | ||
confidential information may be a violation of Section 7 of | ||
the Criminal Identification Act.
| ||
(b-5) If a criminal history records check or check of the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database is performed by a | ||
regional superintendent for an applicant seeking employment as | ||
a substitute teacher with a school district, the regional | ||
superintendent may disclose to the State Board of Education | ||
whether the applicant has been issued a certificate under |
subsection (b) based on those checks. If the State Board | ||
receives information on an applicant under this subsection, | ||
then it must indicate in the Educator Licensure Information | ||
System for a 90-day period that the applicant has been issued | ||
or has not been issued a certificate. | ||
(c) No school board shall knowingly employ a person who | ||
has been
convicted of any offense that would subject him or her | ||
to license suspension or revocation pursuant to Section 21B-80 | ||
of this Code, except as provided under subsection (b) of | ||
Section 21B-80.
Further, no school board shall knowingly | ||
employ a person who has been found
to be the perpetrator of | ||
sexual or physical abuse of any minor under 18 years
of age | ||
pursuant to proceedings under Article II of the Juvenile Court | ||
Act of
1987. As a condition of employment, each school board | ||
must consider the status of a person who has been issued an | ||
indicated finding of abuse or neglect of a child by the | ||
Department of Children and Family Services under the Abused | ||
and Neglected Child Reporting Act or by a child welfare agency | ||
of another jurisdiction.
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(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check and a Statewide Sex | ||
Offender Database check have not been initiated.
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(e) Within 10 days after a superintendent, regional office | ||
of education, or entity that provides background checks of | ||
license holders to public schools receives information of a | ||
pending criminal charge against a license holder for an |
offense set forth in Section 21B-80 of this Code, the | ||
superintendent, regional office of education, or entity must | ||
notify the State Superintendent of Education of the pending | ||
criminal charge. | ||
If permissible by federal or State law, no later than 15 | ||
business days after receipt of a record of conviction or of | ||
checking the Statewide Murderer and Violent Offender Against | ||
Youth Database or the Statewide Sex Offender Database and | ||
finding a registration, the superintendent of the employing | ||
school board or the applicable regional superintendent shall, | ||
in writing, notify the State Superintendent of Education of | ||
any license holder who has been convicted of a crime set forth | ||
in Section 21B-80 of this Code. Upon receipt of the record of a | ||
conviction of or a finding of child
abuse by a holder of any | ||
license
issued pursuant to Article 21B or Section 34-8.1 or | ||
34-83 of the
School Code, the
State Superintendent of | ||
Education may initiate licensure suspension
and revocation | ||
proceedings as authorized by law. If the receipt of the record | ||
of conviction or finding of child abuse is received within 6 | ||
months after the initial grant of or renewal of a license, the | ||
State Superintendent of Education may rescind the license | ||
holder's license.
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(e-5) The superintendent of the employing school board | ||
shall, in writing, notify the State Superintendent of | ||
Education and the applicable regional superintendent of | ||
schools of any license holder whom he or she has reasonable |
cause to believe has committed an intentional act of abuse or | ||
neglect with the result of making a child an abused child or a | ||
neglected child, as defined in Section 3 of the Abused and | ||
Neglected Child Reporting Act, and that act resulted in the | ||
license holder's dismissal or resignation from the school | ||
district. This notification must be submitted within 30 days | ||
after the dismissal or resignation and must include the | ||
Illinois Educator Identification Number (IEIN) of the license | ||
holder and a brief description of the misconduct alleged . The | ||
license holder must also be contemporaneously sent a copy of | ||
the notice by the superintendent. All correspondence, | ||
documentation, and other information so received by the | ||
regional superintendent of schools, the State Superintendent | ||
of Education, the State Board of Education, or the State | ||
Educator Preparation and Licensure Board under this subsection | ||
(e-5) is confidential and must not be disclosed to third | ||
parties, except (i) as necessary for the State Superintendent | ||
of Education or his or her designee to investigate and | ||
prosecute pursuant to Article 21B of this Code, (ii) pursuant | ||
to a court order, (iii) for disclosure to the license holder or | ||
his or her representative, or (iv) as otherwise provided in | ||
this Article and provided that any such information admitted | ||
into evidence in a hearing is exempt from this confidentiality | ||
and non-disclosure requirement. Except for an act of willful | ||
or wanton misconduct, any superintendent who provides | ||
notification as required in this subsection (e-5) shall have |
immunity from any liability, whether civil or criminal or that | ||
otherwise might result by reason of such action. | ||
(f) After January 1, 1990 the provisions of this Section | ||
shall apply
to all employees of persons or firms holding | ||
contracts with any school
district including, but not limited | ||
to, food service workers, school bus
drivers and other | ||
transportation employees, who have direct, daily contact
with | ||
the pupils of any school in such district. For purposes of | ||
criminal
history records checks and checks of the Statewide | ||
Sex Offender Database on employees of persons or firms holding
| ||
contracts with more than one school district and assigned to | ||
more than one
school district, the regional superintendent of | ||
the educational service
region in which the contracting school | ||
districts are located may, at the
request of any such school | ||
district, be responsible for receiving the
authorization for
a | ||
criminal history records check prepared by each such employee | ||
and
submitting the same to the Department of State Police and | ||
for conducting a check of the Statewide Sex Offender Database | ||
for each employee. Any information
concerning the record of | ||
conviction and identification as a sex offender of any such | ||
employee obtained by the
regional superintendent shall be | ||
promptly reported to the president of the
appropriate school | ||
board or school boards.
| ||
(f-5) Upon request of a school or school district, any | ||
information obtained by a school district pursuant to | ||
subsection (f) of this Section within the last year must be |
made available to the requesting school or school district. | ||
(g) Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in the public schools, a | ||
student teacher is required to authorize a fingerprint-based | ||
criminal history records check. Authorization for and payment | ||
of the costs of the check must be furnished by the student | ||
teacher to the school district where the student teaching is | ||
to be completed. Upon receipt of this authorization and | ||
payment, the school district shall submit the student | ||
teacher's name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Department of State Police, to the | ||
Department of State Police. The Department of State Police and | ||
the Federal Bureau of Investigation shall furnish, pursuant to | ||
a fingerprint-based criminal history records check, records of | ||
convictions, forever and hereinafter, until expunged, to the | ||
president of the school board for the school district that | ||
requested the check. The Department shall charge the school | ||
district a fee for conducting the check, which fee must not | ||
exceed the cost of the inquiry and must be deposited into the | ||
State Police Services Fund. The school district shall further | ||
perform a check of the Statewide Sex Offender Database, as | ||
authorized by the Sex Offender Community Notification Law, and | ||
of the Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender |
Against Youth Registration Act, for each student teacher. No | ||
school board may knowingly allow a person to student teach for | ||
whom a criminal history records check, a Statewide Sex | ||
Offender Database check, and a Statewide Murderer and Violent | ||
Offender Against Youth Database check have not been completed | ||
and reviewed by the district. | ||
A copy of the record of convictions obtained from the | ||
Department of State Police must be provided to the student | ||
teacher. Any information concerning the record of convictions | ||
obtained by the president of the school board is confidential | ||
and may only be transmitted to the superintendent of the | ||
school district or his or her designee, the State | ||
Superintendent of Education, the State Educator Preparation | ||
and Licensure Board, or, for clarification purposes, the | ||
Department of State Police or the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database. Any unauthorized release of confidential | ||
information may be a violation of Section 7 of the Criminal | ||
Identification Act. | ||
No school board shall knowingly allow a person to student | ||
teach who has been convicted of any offense that would subject | ||
him or her to license suspension or revocation pursuant to | ||
subsection (c) of Section 21B-80 of this Code, except as | ||
provided under subsection (b) of Section 21B-80. Further, no | ||
school board shall allow a person to student teach if he or she | ||
has been found to be the perpetrator of sexual or physical |
abuse of a minor under 18 years of age pursuant to proceedings | ||
under Article II of the Juvenile Court Act of 1987. Each school | ||
board must consider the status of a person to student teach who | ||
has been issued an indicated finding of abuse or neglect of a | ||
child by the Department of Children and Family Services under | ||
the Abused and Neglected Child Reporting Act or by a child | ||
welfare agency of another jurisdiction. | ||
(h) (Blank). | ||
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
101-643, eff. 6-18-20.)
| ||
(105 ILCS 5/21B-75) | ||
Sec. 21B-75. Suspension or revocation of license , | ||
endorsement, or approval . | ||
(a) As used in this Section, "teacher" means any school | ||
district employee regularly required to be licensed, as | ||
provided in this Article, in order to teach or supervise in the | ||
public schools. | ||
(b) The State Superintendent of Education has the | ||
exclusive authority, in accordance with this Section and any | ||
rules adopted by the State Board of Education, in consultation | ||
with the State Educator Preparation and Licensure Board, to | ||
initiate the suspension of up to 5 calendar years or | ||
revocation of any license , endorsement, or approval issued | ||
pursuant to this Article for abuse or neglect of a child, | ||
immorality, a condition of health detrimental to the welfare |
of pupils, incompetency, unprofessional conduct (which | ||
includes the failure to disclose on an employment application | ||
any previous conviction for a sex offense, as defined in | ||
Section 21B-80 of this Code, or any other offense committed in | ||
any other state or against the laws of the United States that, | ||
if committed in this State, would be punishable as a sex | ||
offense, as defined in Section 21B-80 of this Code), the | ||
neglect of any professional duty, willful or negligent failure | ||
to report an instance of suspected child abuse or neglect as | ||
required by the Abused and Neglected Child Reporting Act, or | ||
other just cause. Negligent failure to report an instance of | ||
suspected child abuse or neglect occurs when a teacher | ||
personally observes an instance of suspected child abuse or | ||
neglect and reasonably believes, in his or her professional or | ||
official capacity, that the instance constitutes an act of | ||
child abuse or neglect under the Abused and Neglected Child | ||
Reporting Act, and he or she, without willful intent, fails to | ||
immediately report or cause a report to be made of the | ||
suspected abuse or neglect to the Department of Children and | ||
Family Services, as required by the Abused and Neglected Child | ||
Reporting Act. Unprofessional conduct shall include the | ||
refusal to attend or participate in institutes, teachers' | ||
meetings, or professional readings or to meet other reasonable | ||
requirements of the regional superintendent of schools or | ||
State Superintendent of Education. Unprofessional conduct also | ||
includes conduct that violates the standards, ethics, or rules |
applicable to the security, administration, monitoring, or | ||
scoring of or the reporting of scores from any assessment test | ||
or examination administered under Section 2-3.64a-5 of this | ||
Code or that is known or intended to produce or report | ||
manipulated or artificial, rather than actual, assessment or | ||
achievement results or gains from the administration of those | ||
tests or examinations. Unprofessional conduct shall also | ||
include neglect or unnecessary delay in the making of | ||
statistical and other reports required by school officers. | ||
Incompetency shall include, without limitation, 2 or more | ||
school terms of service for which the license holder has | ||
received an unsatisfactory rating on a performance evaluation | ||
conducted pursuant to Article 24A of this Code within a period | ||
of 7 school terms of service. In determining whether to | ||
initiate action against one or more licenses based on | ||
incompetency and the recommended sanction for such action, the | ||
State Superintendent shall consider factors that include | ||
without limitation all of the following: | ||
(1) Whether the unsatisfactory evaluation ratings | ||
occurred prior to June 13, 2011 (the effective date of | ||
Public Act 97-8). | ||
(2) Whether the unsatisfactory evaluation ratings | ||
occurred prior to or after the implementation date, as | ||
defined in Section 24A-2.5 of this Code, of an evaluation | ||
system for teachers in a school district. | ||
(3) Whether the evaluator or evaluators who performed |
an unsatisfactory evaluation met the pre-licensure and | ||
training requirements set forth in Section 24A-3 of this | ||
Code. | ||
(4) The time between the unsatisfactory evaluation | ||
ratings. | ||
(5) The quality of the remediation plans associated | ||
with the unsatisfactory evaluation ratings and whether the | ||
license holder successfully completed the remediation | ||
plans. | ||
(6) Whether the unsatisfactory evaluation ratings were | ||
related to the same or different assignments performed by | ||
the license holder. | ||
(7) Whether one or more of the unsatisfactory | ||
evaluation ratings occurred in the first year of a | ||
teaching or administrative assignment. | ||
When initiating an action against one or more licenses, the | ||
State Superintendent may seek required professional | ||
development as a sanction in lieu of or in addition to | ||
suspension or revocation. Any such required professional | ||
development must be at the expense of the license holder, who | ||
may use, if available and applicable to the requirements | ||
established by administrative or court order, training, | ||
coursework, or other professional development funds in | ||
accordance with the terms of an applicable collective | ||
bargaining agreement entered into after June 13, 2011 (the | ||
effective date of Public Act 97-8), unless that agreement |
specifically precludes use of funds for such purpose. | ||
(c) The State Superintendent of Education shall, upon | ||
receipt of evidence of abuse or neglect of a child, | ||
immorality, a condition of health detrimental to the welfare | ||
of pupils, incompetency (subject to subsection (b) of this | ||
Section), unprofessional conduct, the neglect of any | ||
professional duty, or other just cause, further investigate | ||
and, if and as appropriate, serve written notice to the | ||
individual and afford the individual opportunity for a hearing | ||
prior to suspension, revocation, or other sanction; provided | ||
that the State Superintendent is under no obligation to | ||
initiate such an investigation if the Department of Children | ||
and Family Services is investigating the same or substantially | ||
similar allegations and its child protective service unit has | ||
not made its determination, as required under Section 7.12 of | ||
the Abused and Neglected Child Reporting Act. If the State | ||
Superintendent of Education does not receive from an | ||
individual a request for a hearing within 10 days after the | ||
individual receives notice, the suspension, revocation, or | ||
other sanction shall immediately take effect in accordance | ||
with the notice. If a hearing is requested within 10 days after | ||
notice of an opportunity for hearing, it shall act as a stay of | ||
proceedings until the State Educator Preparation and Licensure | ||
Board issues a decision. Any hearing shall take place in the | ||
educational service region where the educator is or was last | ||
employed and in accordance with rules adopted by the State |
Board of Education, in consultation with the State Educator | ||
Preparation and Licensure Board, and such rules shall include | ||
without limitation provisions for discovery and the sharing of | ||
information between parties prior to the hearing. The standard | ||
of proof for any administrative hearing held pursuant to this | ||
Section shall be by the preponderance of the evidence. The | ||
decision of the State Educator Preparation and Licensure Board | ||
is a final administrative decision and is subject to judicial | ||
review by appeal of either party. | ||
The State Board of Education may refuse to issue or may | ||
suspend the license of any person who fails to file a return or | ||
to pay the tax, penalty, or interest shown in a filed return or | ||
to pay any final assessment of tax, penalty, or interest, as | ||
required by any tax Act administered by the Department of | ||
Revenue, until such time as the requirements of any such tax | ||
Act are satisfied. | ||
The exclusive authority of the State Superintendent of | ||
Education to initiate suspension or revocation of a license | ||
pursuant to this Section does not preclude a regional | ||
superintendent of schools from cooperating with the State | ||
Superintendent or a State's Attorney with respect to an | ||
investigation of alleged misconduct. | ||
(d) The State Superintendent of Education or his or her | ||
designee may initiate and conduct such investigations as may | ||
be reasonably necessary to establish the existence of any | ||
alleged misconduct. At any stage of the investigation, the |
State Superintendent may issue a subpoena requiring the | ||
attendance and testimony of a witness, including the license | ||
holder, and the production of any evidence, including files, | ||
records, correspondence, or documents, relating to any matter | ||
in question in the investigation. The subpoena shall require a | ||
witness to appear at the State Board of Education at a | ||
specified date and time and shall specify any evidence to be | ||
produced. The license holder is not entitled to be present, | ||
but the State Superintendent shall provide the license holder | ||
with a copy of any recorded testimony prior to a hearing under | ||
this Section. Such recorded testimony must not be used as | ||
evidence at a hearing, unless the license holder has adequate | ||
notice of the testimony and the opportunity to cross-examine | ||
the witness. Failure of a license holder to comply with a duly | ||
issued, investigatory subpoena may be grounds for revocation, | ||
suspension, or denial of a license. | ||
(e) All correspondence, documentation, and other | ||
information so received by the regional superintendent of | ||
schools, the State Superintendent of Education, the State | ||
Board of Education, or the State Educator Preparation and | ||
Licensure Board under this Section is confidential and must | ||
not be disclosed to third parties, except (i) as necessary for | ||
the State Superintendent of Education or his or her designee | ||
to investigate and prosecute pursuant to this Article, (ii) | ||
pursuant to a court order, (iii) for disclosure to the license | ||
holder or his or her representative, or (iv) as otherwise |
required in this Article and provided that any such | ||
information admitted into evidence in a hearing is exempt from | ||
this confidentiality and non-disclosure requirement. | ||
(f) The State Superintendent of Education or a person | ||
designated by him or her shall have the power to administer | ||
oaths to witnesses at any hearing conducted before the State | ||
Educator Preparation and Licensure Board pursuant to this | ||
Section. The State Superintendent of Education or a person | ||
designated by him or her is authorized to subpoena and bring | ||
before the State Educator Preparation and Licensure Board any | ||
person in this State and to take testimony either orally or by | ||
deposition or by exhibit, with the same fees and mileage and in | ||
the same manner as prescribed by law in judicial proceedings | ||
in civil cases in circuit courts of this State. | ||
(g) Any circuit court, upon the application of the State | ||
Superintendent of Education or the license holder, may, by | ||
order duly entered, require the attendance of witnesses and | ||
the production of relevant books and papers as part of any | ||
investigation or at any hearing the State Educator Preparation | ||
and Licensure Board is authorized to conduct pursuant to this | ||
Section, and the court may compel obedience to its orders by | ||
proceedings for contempt. | ||
(h) The State Board of Education shall receive an annual | ||
line item appropriation to cover fees associated with the | ||
investigation and prosecution of alleged educator misconduct | ||
and hearings related thereto.
|
(Source: P.A. 100-872, eff. 8-14-18; 101-531, eff. 8-23-19.) | ||
(105 ILCS 5/21B-80) | ||
Sec. 21B-80. Conviction of certain offenses as grounds for | ||
disqualification for licensure or suspension or revocation of | ||
a license. | ||
(a) As used in this Section: | ||
"Drug offense" means any one or more of the following | ||
offenses: | ||
(1) Any offense defined in the Cannabis Control Act, | ||
except those defined in subdivisions (a), (b), and (c) of | ||
Section 4 and subdivisions (a) and (b) of Section 5 of the | ||
Cannabis Control Act and any offense for which the holder | ||
of a license is placed on probation under the provisions | ||
of Section 10 of the Cannabis Control Act, provided that | ||
if the terms and conditions of probation required by the | ||
court are not fulfilled, the offense is not eligible for | ||
this exception. | ||
(2) Any offense defined in the Illinois Controlled | ||
Substances Act, except any offense for which the holder of | ||
a license is placed on probation under the provisions of | ||
Section 410 of the Illinois Controlled Substances Act, | ||
provided that if the terms and conditions of probation | ||
required by the court are not fulfilled, the offense is | ||
not eligible for this exception. | ||
(3) Any offense defined in the Methamphetamine Control |
and Community Protection Act, except any offense for which | ||
the holder of a license is placed on probation under the | ||
provision of Section 70 of that Act, provided that if the | ||
terms and conditions of probation required by the court | ||
are not fulfilled, the offense is not eligible for this | ||
exception. | ||
(4) Any attempt to commit any of the offenses listed | ||
in items (1) through (3) of this definition. | ||
(5) Any offense committed or attempted in any other | ||
state or against the laws of the United States that, if | ||
committed or attempted in this State, would have been | ||
punishable as one or more of the offenses listed in items | ||
(1) through (4) of this definition. | ||
The changes made by Public Act 96-431 to this definition are | ||
declaratory of existing law. | ||
"Sentence" includes any period of supervised release or | ||
probation that was imposed either alone or in combination with | ||
a period of incarceration. | ||
"Sex or other offense" means any one or more of the | ||
following offenses: | ||
(A) Any offense defined in Article 9 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012; Sections 11-6, | ||
11-9 through 11-9.5, inclusive, and 11-30 (if punished as | ||
a Class 4 felony) of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; Sections 11-14.1 through 11-21, | ||
inclusive, of the Criminal Code of 1961 or the Criminal |
Code of 2012; Sections 11-23 (if punished as a Class 3 | ||
felony), 11-24, 11-25, and 11-26 of the Criminal Code of | ||
1961 or the Criminal Code of 2012; Section 10-5.1, | ||
subsection (c) of Section 10-9, and Sections 11-6.6, | ||
11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5, | ||
and 12-35 of the Criminal Code of 2012; and Sections | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||
12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if | ||
punished pursuant to subdivision (4) or (5) of subsection | ||
(d) of Section 26-4) of the Criminal Code of 1961 or the | ||
Criminal Code of 2012. | ||
(B) Any attempt to commit any of the offenses listed | ||
in item (A) of this definition. | ||
(C) Any offense committed or attempted in any other | ||
state that, if committed or attempted in this State, would | ||
have been punishable as one or more of the offenses listed | ||
in items (A) and (B) of this definition. | ||
(b) Whenever the holder of any license issued pursuant to | ||
this Article or applicant for a license to be issued pursuant | ||
to this Article has been convicted of any drug offense, other | ||
than as provided in subsection (c) of this Section, the State | ||
Superintendent of Education shall forthwith suspend the | ||
license or deny the application, whichever is applicable, | ||
until 7 years following the end of the sentence for the | ||
criminal offense. If the conviction is reversed and the holder | ||
is acquitted of the offense in a new trial or the charges |
against him or her are dismissed, the State Superintendent of | ||
Education shall forthwith terminate the suspension of the | ||
license. | ||
(b-5) Whenever the holder of a license issued pursuant to | ||
this Article or applicant for a license to be issued pursuant | ||
to this Article has been charged with attempting to commit, | ||
conspiring to commit, soliciting, or committing any sex or | ||
other offense, as enumerated under item (A) of subsection (a), | ||
first degree murder, or a Class X felony or any offense | ||
committed or attempted in any other state or against the laws | ||
of the United States that, if committed or attempted in this | ||
State, would have been punishable as one or more of the | ||
foregoing offenses, the State Superintendent of Education | ||
shall immediately suspend the license or deny the application | ||
until the person's criminal charges are adjudicated through a | ||
court of competent jurisdiction. If the person is acquitted, | ||
his or her license or application shall be immediately | ||
reinstated. | ||
(c) Whenever the holder of a license issued pursuant to | ||
this Article or applicant for a license to be issued pursuant | ||
to this Article has been convicted of attempting to commit, | ||
conspiring to commit, soliciting, or committing any sex or | ||
other offense, as enumerated under item (A) of subsection (a), | ||
first degree murder, or a Class X felony or any offense | ||
committed or attempted in any other state or against the laws | ||
of the United States that, if committed or attempted in this |
State, would have been punishable as one or more of the | ||
foregoing offenses, the State Superintendent of Education | ||
shall forthwith suspend the license or deny the application, | ||
whichever is applicable. If the conviction is reversed and the | ||
holder is acquitted of that offense in a new trial or the | ||
charges that he or she committed that offense are dismissed, | ||
the State Superintendent of Education shall forthwith | ||
terminate the suspension of the license. When the conviction | ||
becomes final, the State Superintendent of Education shall | ||
forthwith revoke the license.
| ||
(Source: P.A. 101-531, eff. 8-23-19.) | ||
(105 ILCS 5/21B-85) | ||
Sec. 21B-85. Conviction of felony. | ||
(a) Whenever the holder of any license issued under this | ||
Article is employed by the school board of a school district, | ||
including a special charter district or a school district | ||
organized under Article 34 of this Code, and is convicted, | ||
either after a bench trial, trial by jury, or plea of guilty, | ||
of any offense for which a sentence to death or a term of | ||
imprisonment in a penitentiary for one year or more is | ||
provided, the school board shall promptly notify the State | ||
Superintendent of Education, in writing, of the name of the | ||
license holder, the fact of the conviction, and the name and | ||
location of the court in which the conviction occurred. | ||
(b) Whenever the school board of a school district, |
including a special charter district or a school district | ||
organized under Article 34 of this Code, State Superintendent | ||
of Education receives notice of a conviction under subsection | ||
(a) of this Section or otherwise learns that any person who is | ||
a teacher, as that term is defined in Section 16-106 of the | ||
Illinois Pension Code, has been convicted, either after a | ||
bench trial, trial by jury, or plea of guilty, of any offense | ||
for which a sentence to death or a term of imprisonment in a | ||
penitentiary for one year or more is provided, the school | ||
board State Superintendent of Education shall promptly notify, | ||
in writing, the board of trustees of the Teachers' Retirement | ||
System of the State of Illinois and the board of trustees of | ||
the Public School Teachers' Pension and Retirement Fund of the | ||
City of Chicago of the name of the license holder, the fact of | ||
the conviction, the name and location of the court in which the | ||
conviction occurred, and the number assigned in that court to | ||
the case in which the conviction occurred.
| ||
(Source: P.A. 97-607, eff. 8-26-11.)
| ||
(105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
| ||
Sec. 24-11. Boards of Education - Boards of School | ||
Inspectors -
Contractual continued service. | ||
(a) As used in this and the succeeding
Sections of this | ||
Article:
| ||
"Teacher" means any or all school district employees | ||
regularly required to be licensed
certified under laws |
relating to the licensure certification of teachers.
| ||
"Board" means board of directors, board of education, or | ||
board of school
inspectors, as the case may be.
| ||
"School term" means that portion of the school year, July | ||
1 to the following
June 30, when school is in actual session.
| ||
"Program" means a program of a special education joint | ||
agreement. | ||
"Program of a special education joint agreement" means | ||
instructional, consultative, supervisory, administrative, | ||
diagnostic, and related services that are managed by a special | ||
educational joint agreement designed to service 2 or more | ||
school districts that are members of the joint agreement. | ||
"PERA implementation date" means the implementation date | ||
of an evaluation system for teachers as specified by Section | ||
24A-2.5 of this Code for all schools within a school district | ||
or all programs of a special education joint agreement. | ||
(b) This Section and Sections 24-12 through 24-16 of this | ||
Article apply only to
school districts having less than | ||
500,000 inhabitants.
| ||
(c) Any teacher who is first employed as a full-time | ||
teacher in a school district or program prior to the PERA | ||
implementation date and who is employed in that district or | ||
program for
a probationary period of 4 consecutive school | ||
terms shall enter upon
contractual continued service in the | ||
district or in all of the programs that the teacher is legally | ||
qualified to hold, unless the teacher is given written notice |
of dismissal by certified mail, return receipt requested, by
| ||
the employing board at least 45 days before the end of any | ||
school term within such
period.
| ||
(d) For any teacher who is first employed as a full-time | ||
teacher in a school district or program on or after the PERA | ||
implementation date, the probationary period shall be one of | ||
the following periods, based upon the teacher's school terms | ||
of service and performance, before the teacher shall enter | ||
upon contractual continued service in the district or in all | ||
of the programs that the teacher is legally qualified to hold, | ||
unless the teacher is given written notice of dismissal by | ||
certified mail, return receipt requested, by the employing | ||
board at least 45 days before the end of any school term within | ||
such period: | ||
(1) 4 consecutive school terms of service in which the | ||
teacher receives overall annual evaluation ratings of at | ||
least "Proficient" in the last school term and at least | ||
"Proficient" in either the second or third school term; | ||
(2) 3 consecutive school terms of service in which the | ||
teacher receives 3 overall annual evaluations of | ||
"Excellent"; or | ||
(3) 2 consecutive school terms of service in which the | ||
teacher receives 2 overall annual evaluations of | ||
"Excellent" service, but only if the teacher (i) | ||
previously attained contractual continued service in a | ||
different school district or program in this State, (ii) |
voluntarily departed or was honorably dismissed from that | ||
school district or program in the school term immediately | ||
prior to the teacher's first school term of service | ||
applicable to the attainment of contractual continued | ||
service under this subdivision (3), and (iii) received, in | ||
his or her 2 most recent overall annual or biennial | ||
evaluations from the prior school district or program, | ||
ratings of at least "Proficient", with both such ratings | ||
occurring after the school district's or program's PERA | ||
implementation date. For a teacher to attain contractual | ||
continued service under this subdivision (3), the teacher | ||
shall provide official copies of his or her 2 most recent | ||
overall annual or biennial evaluations from the prior | ||
school district or program to the new school district or | ||
program within 60 days from the teacher's first day of | ||
service with the new school district or program. The prior | ||
school district or program must provide the teacher with | ||
official copies of his or her 2 most recent overall annual | ||
or biennial evaluations within 14 days after the teacher's | ||
request. If a teacher has requested such official copies | ||
prior to 45 days after the teacher's first day of service | ||
with the new school district or program and the teacher's | ||
prior school district or program fails to provide the | ||
teacher with the official copies required under this | ||
subdivision (3), then the time period for the teacher to | ||
submit the official copies to his or her new school |
district or program must be extended until 14 days after | ||
receipt of such copies from the prior school district or | ||
program. If the prior school district or program fails to | ||
provide the teacher with the official copies required | ||
under this subdivision (3) within 90 days from the | ||
teacher's first day of service with the new school | ||
district or program, then the new school district or | ||
program shall rely upon the teacher's own copies of his or | ||
her evaluations for purposes of this subdivision (3). | ||
If the teacher does not receive overall annual evaluations | ||
of "Excellent" in the school terms necessary for eligibility | ||
to achieve accelerated contractual continued service in | ||
subdivisions (2) and (3) of this subsection (d), the teacher | ||
shall be eligible for contractual continued service pursuant | ||
to subdivision (1) of this subsection (d). If, at the | ||
conclusion of 4 consecutive school terms of service that count | ||
toward attainment of contractual continued service, the | ||
teacher's performance does not qualify the teacher for | ||
contractual continued service under subdivision (1) of this | ||
subsection (d), then the teacher shall not enter upon | ||
contractual continued service and shall be dismissed. If a | ||
performance evaluation is not conducted for any school term | ||
when such evaluation is required to be conducted under Section | ||
24A-5 of this Code, then the teacher's performance evaluation | ||
rating for such school term for purposes of determining the | ||
attainment of contractual continued service shall be deemed |
"Proficient", except that, during any time in which the | ||
Governor has declared a disaster due to a public health | ||
emergency pursuant to Section 7 of the Illinois Emergency | ||
Management Agency Act, this default to "Proficient" does not | ||
apply to any teacher who has entered into contractual | ||
continued service and who was deemed "Excellent" on his or her | ||
most recent evaluation. During any time in which the Governor | ||
has declared a disaster due to a public health emergency | ||
pursuant to Section 7 of the Illinois Emergency Management | ||
Agency Act and unless the school board and any exclusive | ||
bargaining representative have completed the performance | ||
rating for teachers or mutually agreed to an alternate | ||
performance rating, any teacher who has entered into | ||
contractual continued service, whose most recent evaluation | ||
was deemed "Excellent", and whose performance evaluation is | ||
not conducted when the evaluation is required to be conducted | ||
shall receive a teacher's performance rating deemed | ||
"Excellent". A school board and any exclusive bargaining | ||
representative may mutually agree to an alternate performance | ||
rating for teachers not in contractual continued service | ||
during any time in which the Governor has declared a disaster | ||
due to a public health emergency pursuant to Section 7 of the | ||
Illinois Emergency Management Agency Act, as long as the | ||
agreement is in writing. | ||
(e) For the purposes of determining contractual continued | ||
service, a school term shall be counted only toward attainment |
of contractual continued service if the teacher actually | ||
teaches or is otherwise present and participating in the | ||
district's or program's educational program for 120 days or | ||
more, provided that the days of leave under the federal Family | ||
Medical Leave Act that the teacher is required to take until | ||
the end of the school term shall be considered days of teaching | ||
or participation in the district's or program's educational | ||
program. A school term that is not counted toward attainment | ||
of contractual continued service shall not be considered a | ||
break in service for purposes of determining whether a teacher | ||
has been employed for 4 consecutive school terms, provided | ||
that the teacher actually teaches or is otherwise present and | ||
participating in the district's or program's educational | ||
program in the following school term. | ||
(f) If the employing board determines to dismiss the | ||
teacher in the last year of the probationary period as | ||
provided in subsection (c) of this Section or subdivision (1) | ||
or (2) of subsection (d) of this Section, but not subdivision | ||
(3) of subsection (d) of this Section, the written notice of | ||
dismissal provided by the employing board must contain | ||
specific reasons for dismissal. Any full-time teacher who does | ||
not receive written notice from the employing board at least | ||
45 days before the end of any school term as provided in this | ||
Section and whose performance does not require dismissal after | ||
the fourth probationary year pursuant to subsection (d) of | ||
this Section shall be re-employed for the following school |
term.
| ||
(g) Contractual continued service shall continue in effect | ||
the terms and
provisions of the contract with the teacher | ||
during the last school term
of the probationary period, | ||
subject to this Act and the lawful
regulations of the | ||
employing board. This Section and succeeding Sections
do not | ||
modify any existing power of the board except with respect to | ||
the
procedure of the discharge of a teacher and reductions in | ||
salary as
hereinafter provided. Contractual continued service | ||
status shall not
restrict the power of the board to transfer a | ||
teacher to a position
which the teacher is qualified to fill or | ||
to make such salary
adjustments as it deems desirable, but | ||
unless reductions in salary are
uniform or based upon some | ||
reasonable classification, any teacher whose
salary is reduced | ||
shall be entitled to a notice and a hearing as
hereinafter | ||
provided in the case of certain dismissals or removals.
| ||
(h) If, by reason of any change in the boundaries of school | ||
districts or by reason of the creation of a new school | ||
district, the position held by any teacher having a | ||
contractual continued service status is transferred from one | ||
board to the control of a new or different board, then the | ||
contractual continued service status of the teacher is not | ||
thereby lost, and such new or different board is subject to | ||
this Code with respect to the teacher in the same manner as if | ||
the teacher were its employee and had been its employee during | ||
the time the teacher was actually employed by the board from |
whose control the position was transferred. | ||
(i) The employment of any teacher in a program of a special | ||
education joint
agreement established under Section 3-15.14, | ||
10-22.31 or 10-22.31a shall be governed by
this and succeeding | ||
Sections of this Article. For purposes of
attaining and | ||
maintaining contractual continued service and computing
length | ||
of continuing service as referred to in this Section and | ||
Section
24-12, employment in a special educational joint | ||
program shall be deemed a
continuation of all previous | ||
licensed certificated employment of such teacher for
such | ||
joint agreement whether the employer of the teacher was the | ||
joint
agreement, the regional superintendent, or one of the | ||
participating
districts in the joint agreement.
| ||
(j) For any teacher employed after July 1, 1987 as a | ||
full-time teacher in a program of a special education joint | ||
agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of a reduction in the number of | ||
programs or positions in the joint agreement in which the | ||
notice of dismissal is provided on or before the end of the | ||
2010-2011 school term, the teacher in contractual continued | ||
service is eligible for employment in the joint agreement | ||
programs for which the teacher is legally qualified in order | ||
of greater length of continuing service in the joint | ||
agreement, unless an alternative method of determining the | ||
sequence of dismissal is established in a collective |
bargaining agreement. For any teacher employed after July 1, | ||
1987 as a full-time teacher in a program of a special education | ||
joint agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of a reduction in the number of | ||
programs or positions in the joint agreement in which the | ||
notice of dismissal is provided during the 2011-2012 school | ||
term or a subsequent school term, the teacher shall be | ||
included on the honorable dismissal lists of all joint | ||
agreement programs for positions for which the teacher is | ||
qualified and is eligible for employment in such programs in | ||
accordance with subsections (b) and (c) of Section 24-12 of | ||
this Code and the applicable honorable dismissal policies of | ||
the joint agreement. | ||
(k) For any teacher employed after July 1, 1987 as a | ||
full-time teacher in a program of a special education joint | ||
agreement, whether the program is operated by the joint | ||
agreement or a member district on behalf of the joint | ||
agreement, in the event of the dissolution of a joint | ||
agreement, in which the notice to teachers of the dissolution | ||
is provided during the 2010-2011 school term, the teacher in | ||
contractual continued service who is legally qualified shall | ||
be assigned to any comparable position in a member district | ||
currently held by a teacher who has not entered upon | ||
contractual continued service or held by a teacher who has | ||
entered upon contractual continued service with a shorter |
length of contractual continued service. Any teacher employed | ||
after July 1, 1987 as a full-time teacher in a program of a | ||
special education joint agreement, whether the program is | ||
operated by the joint agreement or a member district on behalf | ||
of the joint agreement, in the event of the dissolution of a | ||
joint agreement in which the notice to teachers of the | ||
dissolution is provided during the 2011-2012 school term or a | ||
subsequent school term, the teacher who is qualified shall be | ||
included on the order of honorable dismissal lists of each | ||
member district and shall be assigned to any comparable | ||
position in any such district in accordance with subsections | ||
(b) and (c) of Section 24-12 of this Code and the applicable | ||
honorable dismissal policies of each member district.
| ||
(l) The governing board of the joint agreement, or the | ||
administrative
district, if so authorized by the articles of | ||
agreement of the joint
agreement, rather than the board of | ||
education of a school district, may
carry out employment and | ||
termination actions including dismissals under
this Section | ||
and Section 24-12.
| ||
(m) The employment of any teacher in a special education | ||
program
authorized by Section 14-1.01 through 14-14.01, or a | ||
joint educational
program established under Section 10-22.31a, | ||
shall be under this and the
succeeding Sections of this | ||
Article, and such employment shall be deemed
a continuation of | ||
the previous employment of such teacher in any of the
| ||
participating districts, regardless of the participation of |
other
districts in the program. | ||
(n) Any teacher employed as a full-time teacher in
a | ||
special education program prior to September 23, 1987 in which | ||
2 or
more school districts
participate for a probationary | ||
period of 2 consecutive years shall enter
upon contractual | ||
continued service in each of the participating
districts, | ||
subject to this and the succeeding Sections of this Article,
| ||
and, notwithstanding Section 24-1.5 of this Code, in the event | ||
of the termination of the program shall be eligible for
any | ||
vacant position in any of such districts for which such | ||
teacher is
qualified.
| ||
(Source: P.A. 101-643, eff. 6-18-20.)
| ||
(105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
| ||
Sec. 24-14. Termination of contractual continued service | ||
by teacher. A teacher , as defined in Section 24-11 of this | ||
Code, who
has entered into contractual continued service may | ||
resign
at any time by obtaining concurrence of the board or by | ||
serving at least 30
days' written notice upon the secretary of | ||
the board. However, no teacher
may resign during the school | ||
term, without the concurrence of the board,
in order to accept | ||
another teaching assignment. Any teacher
terminating said | ||
service not in accordance with this Section may be referred by | ||
the board to the State Superintendent of Education. A referral | ||
to the State Superintendent for an alleged violation of this | ||
Section must include (i) a dated copy of the teacher's |
resignation letter, (ii) a copy of the reporting district's | ||
current school year calendar, (iii) proof of employment for | ||
the school year at issue, (iv) documentation showing that the | ||
district's board did not accept the teacher's resignation, and | ||
(v) evidence that the teacher left the district in order to | ||
accept another teaching assignment. The State Superintendent | ||
or his or her designee shall convene an informal evidentiary | ||
hearing no later than 90 days after receipt of a resolution by | ||
the board. If the State Superintendent or his or her designee | ||
finds that the teacher resigned during the school term without | ||
the concurrence of the board to accept another teaching | ||
assignment, the State Superintendent must suspend the | ||
teacher's license for one calendar year. In lieu of a hearing | ||
and finding, the teacher may agree to a lesser licensure | ||
sanction at the discretion of the State Superintendent.
| ||
(Source: P.A. 101-531, eff. 8-23-19.)
| ||
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||
Sec. 34-18.5. Criminal history records checks and checks | ||
of the Statewide Sex Offender Database and Statewide Murderer | ||
and Violent Offender Against Youth Database. | ||
(a) Licensed and nonlicensed applicants for
employment | ||
with the school district are required as a condition of
| ||
employment to authorize a fingerprint-based criminal history | ||
records check to determine if such applicants
have been | ||
convicted of any disqualifying, enumerated criminal or drug |
offense in
subsection (c) of this Section or have been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State. | ||
Authorization
for
the
check shall
be furnished by the | ||
applicant to the school district, except that if the
applicant | ||
is a substitute teacher seeking employment in more than one
| ||
school district, or a teacher seeking concurrent part-time | ||
employment
positions with more than one school district (as a | ||
reading specialist,
special education teacher or otherwise), | ||
or an educational support
personnel employee seeking | ||
employment positions with more than one
district, any such | ||
district may require the applicant to furnish
authorization | ||
for
the check to the regional superintendent of the
| ||
educational service region in which are located the school | ||
districts in
which the applicant is seeking employment as a | ||
substitute or concurrent
part-time teacher or concurrent | ||
educational support personnel employee.
Upon receipt of this | ||
authorization, the school district or the appropriate
regional | ||
superintendent, as the case may be, shall submit the | ||
applicant's
name, sex, race, date of birth, social security | ||
number, fingerprint images, and other identifiers, as | ||
prescribed by the Department
of State Police, to the |
Department. The regional
superintendent submitting the | ||
requisite information to the Department of
State Police shall | ||
promptly notify the school districts in which the
applicant is | ||
seeking employment as a substitute or concurrent part-time
| ||
teacher or concurrent educational support personnel employee | ||
that
the
check of the applicant has been requested. The | ||
Department of State
Police and the Federal Bureau of | ||
Investigation shall furnish, pursuant to a fingerprint-based | ||
criminal history records check, records of convictions, | ||
forever and hereinafter, until expunged, to the president of | ||
the school board for the school district that requested the | ||
check, or to the regional superintendent who requested the | ||
check. The
Department shall charge
the school district
or the | ||
appropriate regional superintendent a fee for
conducting
such | ||
check, which fee shall be deposited in the State
Police | ||
Services Fund and shall not exceed the cost of the inquiry; and | ||
the
applicant shall not be charged a fee for
such check by the | ||
school
district or by the regional superintendent. Subject to | ||
appropriations for these purposes, the State Superintendent of | ||
Education shall reimburse the school district and regional | ||
superintendent for fees paid to obtain criminal history | ||
records checks under this Section. | ||
(a-5) The school district or regional superintendent shall | ||
further perform a check of the Statewide Sex Offender | ||
Database, as authorized by the Sex Offender Community | ||
Notification Law, for each applicant. The check of the |
Statewide Sex Offender Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Murderer and Violent | ||
Offender Against Youth Database, as authorized by the Murderer | ||
and Violent Offender Against Youth Community Notification Law, | ||
for each applicant. The check of the Murderer and Violent | ||
Offender Against Youth Database must be conducted by the | ||
school district or regional superintendent once for every 5 | ||
years that an applicant remains employed by the school | ||
district. | ||
(b) Any
information concerning the record of convictions | ||
obtained by the president
of the board of education or the | ||
regional superintendent shall be
confidential and may only be | ||
transmitted to the general superintendent of
the school | ||
district or his designee, the appropriate regional
| ||
superintendent if
the check was requested by the board of | ||
education
for the school district, the presidents of the | ||
appropriate board of
education or school boards if
the check | ||
was requested from the
Department of State Police by the | ||
regional superintendent, the State Board of Education and the | ||
school district as authorized under subsection (b-5), the | ||
State
Superintendent of Education, the State Educator | ||
Preparation and Licensure Board or any
other person necessary |
to the decision of hiring the applicant for
employment. A copy | ||
of the record of convictions obtained from the
Department of | ||
State Police shall be provided to the applicant for
| ||
employment. Upon the check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database, the school district or regional superintendent | ||
shall notify an applicant as to whether or not the applicant | ||
has been identified in the Database. If a check of an applicant | ||
for employment as a
substitute or concurrent part-time teacher | ||
or concurrent educational
support personnel employee in more | ||
than one school district was requested
by the regional | ||
superintendent, and the Department of State Police upon
a | ||
check ascertains that the applicant has not been convicted of | ||
any
of the enumerated criminal or drug offenses in subsection | ||
(c) of this Section
or has not been
convicted,
within 7 years | ||
of the application for employment with the
school district, of | ||
any other felony under the laws of this State or of any
offense | ||
committed or attempted in any other state or against the laws | ||
of
the United States that, if committed or attempted in this | ||
State, would
have been punishable as a felony under the laws of | ||
this State and so
notifies the regional superintendent and if | ||
the regional superintendent upon a check ascertains that the | ||
applicant has not been identified in the Sex Offender Database | ||
or Statewide Murderer and Violent Offender Against Youth | ||
Database, then the regional superintendent
shall issue to the | ||
applicant a certificate evidencing that as of the date
|
specified by the Department of State Police the applicant has | ||
not been
convicted of any of the enumerated criminal or drug | ||
offenses in subsection
(c) of this Section
or has not been
| ||
convicted, within 7 years of the application for employment | ||
with the
school district, of any other felony under the laws of | ||
this State or of any
offense committed or attempted in any | ||
other state or against the laws of
the United States that, if | ||
committed or attempted in this State, would
have been | ||
punishable as a felony under the laws of this State and | ||
evidencing that as of the date that the regional | ||
superintendent conducted a check of the Statewide Sex Offender | ||
Database or Statewide Murderer and Violent Offender Against | ||
Youth Database, the applicant has not been identified in the | ||
Database. The school
board of any school district may rely on | ||
the certificate issued by any regional
superintendent to that | ||
substitute teacher, concurrent part-time teacher, or | ||
concurrent educational support personnel employee
or may | ||
initiate its own criminal history records check of
the | ||
applicant through the Department of State Police and its own | ||
check of the Statewide Sex Offender Database or Statewide | ||
Murderer and Violent Offender Against Youth Database as | ||
provided in
this Section. Any unauthorized release of | ||
confidential information may be a violation of Section 7 of | ||
the Criminal Identification Act. | ||
(b-5) If a criminal history records check or check of the | ||
Statewide Sex Offender Database or Statewide Murderer and |
Violent Offender Against Youth Database is performed by a | ||
regional superintendent for an applicant seeking employment as | ||
a substitute teacher with the school district, the regional | ||
superintendent may disclose to the State Board of Education | ||
whether the applicant has been issued a certificate under | ||
subsection (b) based on those checks. If the State Board | ||
receives information on an applicant under this subsection, | ||
then it must indicate in the Educator Licensure Information | ||
System for a 90-day period that the applicant has been issued | ||
or has not been issued a certificate. | ||
(c) The board of education shall not knowingly employ a | ||
person who has
been convicted of any offense that would | ||
subject him or her to license suspension or revocation | ||
pursuant to Section 21B-80 of this Code, except as provided | ||
under subsection (b) of 21B-80.
Further, the board of | ||
education shall not knowingly employ a person who has
been | ||
found to be the perpetrator of sexual or physical abuse of any | ||
minor under
18 years of age pursuant to proceedings under | ||
Article II of the Juvenile Court
Act of 1987. As a condition of | ||
employment, the board of education must consider the status of | ||
a person who has been issued an indicated finding of abuse or | ||
neglect of a child by the Department of Children and Family | ||
Services under the Abused and Neglected Child Reporting Act or | ||
by a child welfare agency of another jurisdiction. | ||
(d) The board of education shall not knowingly employ a | ||
person for whom
a criminal history records check and a |
Statewide Sex Offender Database check have not been initiated. | ||
(e) Within 10 days after the general superintendent of | ||
schools, a regional office of education, or an entity that | ||
provides background checks of license holders to public | ||
schools receives information of a pending criminal charge | ||
against a license holder for an offense set forth in Section | ||
21B-80 of this Code, the superintendent, regional office of | ||
education, or entity must notify the State Superintendent of | ||
Education of the pending criminal charge. | ||
No later than 15 business days after receipt of a record of | ||
conviction or of checking the Statewide Murderer and Violent | ||
Offender Against Youth Database or the Statewide Sex Offender | ||
Database and finding a registration, the general | ||
superintendent of schools or the applicable regional | ||
superintendent shall, in writing, notify the State | ||
Superintendent of Education of any license holder who has been | ||
convicted of a crime set forth in Section 21B-80 of this Code. | ||
Upon receipt of the record of a conviction of or a finding of | ||
child
abuse by a holder of any license
issued pursuant to | ||
Article 21B or Section 34-8.1 or 34-83 of this Code, the State | ||
Superintendent of
Education may initiate licensure suspension | ||
and revocation
proceedings as authorized by law. If the | ||
receipt of the record of conviction or finding of child abuse | ||
is received within 6 months after the initial grant of or | ||
renewal of a license, the State Superintendent of Education | ||
may rescind the license holder's license. |
(e-5) The general superintendent of schools shall, in | ||
writing, notify the State Superintendent of Education of any | ||
license holder whom he or she has reasonable cause to believe | ||
has committed an intentional act of abuse or neglect with the | ||
result of making a child an abused child or a neglected child, | ||
as defined in Section 3 of the Abused and Neglected Child | ||
Reporting Act, and that act resulted in the license holder's | ||
dismissal or resignation from the school district and must | ||
include the Illinois Educator Identification Number (IEIN) of | ||
the license holder and a brief description of the misconduct | ||
alleged . This notification must be submitted within 30 days | ||
after the dismissal or resignation. The license holder must | ||
also be contemporaneously sent a copy of the notice by the | ||
superintendent. All correspondence, documentation, and other | ||
information so received by the State Superintendent of | ||
Education, the State Board of Education, or the State Educator | ||
Preparation and Licensure Board under this subsection (e-5) is | ||
confidential and must not be disclosed to third parties, | ||
except (i) as necessary for the State Superintendent of | ||
Education or his or her designee to investigate and prosecute | ||
pursuant to Article 21B of this Code, (ii) pursuant to a court | ||
order, (iii) for disclosure to the license holder or his or her | ||
representative, or (iv) as otherwise provided in this Article | ||
and provided that any such information admitted into evidence | ||
in a hearing is exempt from this confidentiality and | ||
non-disclosure requirement. Except for an act of willful or |
wanton misconduct, any superintendent who provides | ||
notification as required in this subsection (e-5) shall have | ||
immunity from any liability, whether civil or criminal or that | ||
otherwise might result by reason of such action. | ||
(f) After March 19, 1990, the provisions of this Section | ||
shall apply to
all employees of persons or firms holding | ||
contracts with any school district
including, but not limited | ||
to, food service workers, school bus drivers and
other | ||
transportation employees, who have direct, daily contact with | ||
the
pupils of any school in such district. For purposes of | ||
criminal history records checks and checks of the Statewide | ||
Sex Offender Database on employees of persons or firms holding | ||
contracts with more
than one school district and assigned to | ||
more than one school district, the
regional superintendent of | ||
the educational service region in which the
contracting school | ||
districts are located may, at the request of any such
school | ||
district, be responsible for receiving the authorization for
a | ||
criminal history records check prepared by each such employee | ||
and submitting the same to the
Department of State Police and | ||
for conducting a check of the Statewide Sex Offender Database | ||
for each employee. Any information concerning the record of
| ||
conviction and identification as a sex offender of any such | ||
employee obtained by the regional superintendent
shall be | ||
promptly reported to the president of the appropriate school | ||
board
or school boards. | ||
(f-5) Upon request of a school or school district, any |
information obtained by the school district pursuant to | ||
subsection (f) of this Section within the last year must be | ||
made available to the requesting school or school district. | ||
(g) Prior to the commencement of any student teaching | ||
experience or required internship (which is referred to as | ||
student teaching in this Section) in the public schools, a | ||
student teacher is required to authorize a fingerprint-based | ||
criminal history records check. Authorization for and payment | ||
of the costs of the check must be furnished by the student | ||
teacher to the school district. Upon receipt of this | ||
authorization and payment, the school district shall submit | ||
the student teacher's name, sex, race, date of birth, social | ||
security number, fingerprint images, and other identifiers, as | ||
prescribed by the Department of State Police, to the | ||
Department of State Police. The Department of State Police and | ||
the Federal Bureau of Investigation shall furnish, pursuant to | ||
a fingerprint-based criminal history records check, records of | ||
convictions, forever and hereinafter, until expunged, to the | ||
president of the board. The Department shall charge the school | ||
district a fee for conducting the check, which fee must not | ||
exceed the cost of the inquiry and must be deposited into the | ||
State Police Services Fund. The school district shall further | ||
perform a check of the Statewide Sex Offender Database, as | ||
authorized by the Sex Offender Community Notification Law, and | ||
of the Statewide Murderer and Violent Offender Against Youth | ||
Database, as authorized by the Murderer and Violent Offender |
Against Youth Registration Act, for each student teacher. The | ||
board may not knowingly allow a person to student teach for | ||
whom a criminal history records check, a Statewide Sex | ||
Offender Database check, and a Statewide Murderer and Violent | ||
Offender Against Youth Database check have not been completed | ||
and reviewed by the district. | ||
A copy of the record of convictions obtained from the | ||
Department of State Police must be provided to the student | ||
teacher. Any information concerning the record of convictions | ||
obtained by the president of the board is confidential and may | ||
only be transmitted to the general superintendent of schools | ||
or his or her designee, the State Superintendent of Education, | ||
the State Educator Preparation and Licensure Board, or, for | ||
clarification purposes, the Department of State Police or the | ||
Statewide Sex Offender Database or Statewide Murderer and | ||
Violent Offender Against Youth Database. Any unauthorized | ||
release of confidential information may be a violation of | ||
Section 7 of the Criminal Identification Act. | ||
The board may not knowingly allow a person to student | ||
teach who has been convicted of any offense that would subject | ||
him or her to license suspension or revocation pursuant to | ||
subsection (c) of Section 21B-80 of this Code, except as | ||
provided under subsection (b) of Section 21B-80. Further, the | ||
board may not allow a person to student teach if he or she has | ||
been found to be the perpetrator of sexual or physical abuse of | ||
a minor under 18 years of age pursuant to proceedings under |
Article II of the Juvenile Court Act of 1987. The board must | ||
consider the status of a person to student teach who has been | ||
issued an indicated finding of abuse or neglect of a child by | ||
the Department of Children and Family Services under the | ||
Abused and Neglected Child Reporting Act or by a child welfare | ||
agency of another jurisdiction. | ||
(h) (Blank). | ||
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | ||
101-643, eff. 6-18-20.)
| ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.45 as follows: | ||
(30 ILCS 805/8.45 new) | ||
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | ||
8 of this Act, no reimbursement by the State is required for | ||
the implementation of any mandate created by this amendatory | ||
Act of the 102nd General Assembly.
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