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| Public Act 096-1489 | ||||
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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 and 21-9 as follows: | ||||
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9) | ||||
Sec. 10-21.9. Criminal history records checks and checks of | ||||
the Statewide Sex Offender Database and Statewide Child | ||||
Murderer and Violent Offender Against Youth Database. | ||||
(a) Certified and noncertified 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 of
the enumerated | ||||
criminal or drug offenses in subsection (c) of this Section or
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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.
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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
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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
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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, 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. | ||
(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.
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(a-6) The school district or regional superintendent shall | ||
further perform a check of the Statewide Child Murderer and | ||
Violent Offender Against Youth Database, as authorized by the | ||
Child Murderer and Violent Offender Against Youth Community | ||
Notification Law, for each applicant.
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(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
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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 Superintendent of
Education, the State Teacher | ||
Certification 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, the school | ||
district or regional superintendent shall notify an applicant | ||
as to whether or not the applicant has been identified in the | ||
Database as a sex offender. 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)
or | ||
has not been convicted, within 7 years of the
application for
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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 as a sex | ||
offender, 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)
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, the applicant has not been | ||
identified in the Database as a sex offender. 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 as provided in subsection (a). Any person who releases | ||
any
confidential information concerning any criminal | ||
convictions of an
applicant for employment shall be guilty of a | ||
Class A misdemeanor, unless
the release of such information is | ||
authorized by this Section. | ||
(c) No school board shall knowingly employ a person who has | ||
been
convicted of any offense that would subject him or her to | ||
certification suspension or revocation pursuant to Section | ||
21-23a of this Code.
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. | ||
(d) No school board shall knowingly employ a person for | ||
whom a criminal
history records check and a Statewide Sex | ||
Offender Database check has not been initiated. | ||
(e) Upon receipt of the record of a conviction of or a | ||
finding of child
abuse by a holder of any
certificate issued | ||
pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||
Code, the
State Superintendent of Education may initiate | ||
certificate suspension
and revocation proceedings as | ||
authorized by law. | ||
(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 | ||
certificate 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 | ||
certificate holder's dismissal or resignation from the school | ||
district. This notification must be submitted within 30 days | ||
after the dismissal or resignation. The certificate 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 Teacher Certification 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 21 of this Code, | ||
(ii) pursuant to a court order, (iii) for disclosure to the | ||
certificate 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
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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. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
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(105 ILCS 5/21-9) (from Ch. 122, par. 21-9)
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Sec. 21-9. Substitute certificates and substitute | ||
teaching.
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(a) A
substitute teacher's certificate
may
be issued for | ||
teaching in all grades of the
common schools. Such certificate
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may be issued upon
request of the regional superintendent of
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schools of any region in which the teacher is to
teach. A | ||
substitute teacher's certificate is valid for teaching in the
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public schools of
any county. Such certificate may be issued to | ||
persons who either (a) hold
a certificate
valid for teaching in | ||
the common schools as shown on the face of the
certificate,
(b) | ||
hold a bachelor of arts degree from an institution of higher | ||
learning
accredited by the North Central Association or other | ||
comparable regional
accrediting association or have been | ||
graduated from a recognized institution
of higher learning with | ||
a bachelor's degree, or (c) have had 2 years of
teaching | ||
experience and meet such other
rules and regulations as may be | ||
adopted by the State
Board of Education in consultation with | ||
the State Teacher Certification
Board. Such certificate shall | ||
expire on June 30 in the fourth year from date
of issue.
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Substitute teacher's certificates are not subject to | ||
endorsement as
described in Section 21-1b of this Code.
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(b) A teacher holding a substitute teacher's certificate | ||
may teach only in
the
place of a certified teacher who is under | ||
contract with the employing board and
may teach only when no | ||
appropriate fully certified teacher is available to
teach in a
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substitute capacity. A teacher holding an early childhood | ||
certificate, an
elementary certificate, a high school | ||
certificate, or a special
certificate may also substitute teach | ||
in grades K-12 but only in the place of a
certified teacher who | ||
is under contract with the employing board. A
substitute | ||
teacher may teach only for a period not to exceed
90 paid | ||
school days or 450 paid school hours in any one school district | ||
in any
one
school term.
However,
a teacher holding an early | ||
childhood, elementary, high school, or special
certificate may | ||
substitute teach for a period not to exceed 120 paid
school | ||
days or 600 paid school hours in any one school district in any
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one school term.
Where such teaching is partly on a daily and | ||
partly on an hourly
basis,
a school day shall be considered as | ||
5 hours.
The teaching limitations imposed by this subsection
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upon teachers holding substitute certificates shall
not apply | ||
in any school district operating under Article 34.
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(c) In order to substitute teach in the public schools, a | ||
person holding a valid substitute teacher's certificate or a | ||
person holding a valid early childhood certificate, a valid | ||
elementary certificate, a valid high school certificate, or a | ||
valid special certificate shall register as a substitute | ||
teacher with the regional superintendent of schools in each | ||
educational service region where the person will be employed. A | ||
person who registers as a substitute teacher with the regional | ||
superintendent of schools is responsible for (1) the payment of | ||
fees to register the certificate for its period of validity, | ||
(2) authorization of a criminal history records check and | ||
checks of the Statewide Sex Offender Database and Statewide | ||
Child Murderer and Violent Offender Against Youth Database, as | ||
provided in Section 10-21.9 of this Code, (3) payment of the | ||
cost of the criminal history records check and checks of the | ||
Statewide Sex Offender Database and Statewide Child Murderer | ||
and Violent Offender Against Youth Database, and (4) providing | ||
evidence of physical fitness and freedom from communicable | ||
disease, including tuberculosis, which may consist of a | ||
physical examination and a tuberculin skin test as required by | ||
Section 24-5 of this Code. | ||
The regional superintendent of schools shall maintain a | ||
file for each registered substitute teacher in the educational | ||
service region that includes a copy of the person's | ||
certificate, the results from the criminal history records | ||
check and checks of the Statewide Sex Offender Database and | ||
Statewide Child Murderer and Violent Offender Against Youth | ||
Database, a copy of the physical examination, and a copy of the | ||
tuberculin skin test. The regional superintendent of schools | ||
shall issue a signed and sealed certificate of authorization to | ||
the substitute teacher that verifies that the substitute | ||
teacher has completed the registration process and criminal | ||
history records check and checks of the Statewide Sex Offender | ||
Database and Statewide Child Murderer and Violent Offender | ||
Against Youth Database and has a physical examination and | ||
negative tuberculin test on file with the regional | ||
superintendent of schools and is thereby approved to substitute | ||
teach in the public schools of the educational service region. | ||
This certificate must be presented to all prospective employing | ||
school districts in the educational service region, who shall | ||
photocopy the certificate and keep a copy of the certificate | ||
with employment records for the substitute teacher. | ||
Persons wishing to substitute teach in more than one | ||
educational service region shall register as a substitute | ||
teacher with the appropriate regional superintendent of | ||
schools. The registration process shall include all items | ||
listed in the first paragraph of this subsection (b), with the | ||
exception of the authorization of a criminal history records | ||
check and checks of the Statewide Sex Offender Database and | ||
Statewide Child Murderer and Violent Offender Against Youth | ||
Database and the accompanying payment of associated fees. If | ||
the substitute teacher has been issued a signed and sealed | ||
certificate of authorization from another regional | ||
superintendent of schools, the registering entity may | ||
photocopy the certificate for its files and verify the | ||
substitute teacher's registration status. | ||
(Source: P.A. 92-184, eff. 7-27-01; 93-679, eff. 6-30-04.)
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Section 99. Effective date. This Act takes effect on | ||
January 1, 2011. | ||