Public Act 095-0351
 
SB0143 Enrolled LRB095 05062 NHT 25131 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
2-3.25o as follows:
 
    (105 ILCS 5/2-3.25o)
    Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
    (a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the educational
development of all persons to the limits of their capacities"
and (ii) that the educational development of every school
student serves the public purposes of the State. In order to
ensure that all Illinois students and teachers have the
opportunity to enroll and work in State-approved educational
institutions and programs, the State Board of Education shall
provide for the voluntary registration and recognition of
non-public elementary and secondary schools.
    (b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed by
the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and
immunization, attendance, length of term, and
nondiscrimination and (ii) with applicable fire and health
safety requirements.
    (c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of
non-public schools are different from public schools and will
not be identical to those for public schools, nor will they be
more burdensome. The guidelines and procedures must also
recognize the diversity of non-public schools and shall not
impinge upon the noneducational relationships between those
schools and their clientele.
    (c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in this
subsection (c-5) or have been convicted, within 7 years of the
application for employment, 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, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as a
reading specialist, special education teacher, or otherwise),
or an educational support personnel employee seeking
employment positions with more than one non-public school, then
only one of the non-public schools employing the individual
shall request the authorization. Upon receipt of this
authorization, the non-public school 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
of State Police.
    The Department of State Police and Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereafter, until expunged, to the president or
principal of the non-public school that requested the check.
The Department of State Police shall charge that school a fee
for conducting such check, which fee must be deposited into the
State Police Services Fund and must not exceed the cost of the
inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse non-public
schools for fees paid to obtain criminal history records checks
under this Section.
    A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, for each applicant for employment, after July
1, 2007, to determine whether the applicant has been
adjudicated a sex offender.
    Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school 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 a check of the Statewide Sex
Offender Database, the non-public school shall notify the
applicant as to whether or not the applicant has been
identified in the Sex Offender Database as a sex offender. Any
information concerning the records of conviction obtained by
the non-public school's president or principal under this
Section for a substitute teacher seeking employment in more
than one non-public school, a teacher seeking concurrent
part-time employment positions with more than one non-public
school (as a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's principal
or president to which the applicant seeks employment. Any
person who releases any criminal history record information
concerning an applicant for employment is guilty of a Class A
misdemeanor and may be subject to prosecution under federal
law, unless the release of such information is authorized by
this Section.
    No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
a Department of State Police and Federal Bureau of
Investigation fingerprint-based criminal history records check
and a Statewide Sex Offender Database check has not been
initiated or who has been convicted for committing attempted
first degree murder or for committing or attempting to commit
first degree murder or a Class X felony or any one or more of
the following offenses: (i) those defined in Sections 11-6,
11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those defined
in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
defined in the Illinois Controlled Substances Act; and (iv) 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. No non-public school may obtain
recognition status under this Section that knowingly employs a
person who 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.
    In order to obtain recognition status under this Section, a
non-public school must require compliance with the provisions
of this subsection (c-5) from all employees of persons or firms
holding contracts with the school, including, but not limited
to, food service workers, school bus drivers, and other
transportation employees, who have direct, daily contact with
pupils. Any information concerning the records of conviction or
identification as a sex offender of any such employee obtained
by the non-public school principal or president must be
promptly reported to the school's governing body.
    (d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
    (e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 93-661, eff. 2-10-04.)
 
    Section 99. Effective date. This Act takes effect July 1,
2007.