Public Act 099-0021
 
SB0706 EnrolledLRB099 03404 NHT 23763 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 Sections
2-3.25o, 10-21.9, and 34-18.5 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 Section
21B-80 21-23a of this Code 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
unauthorized release of confidential information may be a
violation of Section 7 of the Criminal Identification Act. 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 of any offense enumerated
in Section 21B-80 of this Code 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 those 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.
    Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, 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 chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school 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 chief
administrative officer of the non-public school that requested
the check. The Department of State Police shall charge the
school a fee for conducting the check, which fee must be passed
on to the student teacher, must not exceed the cost of the
inquiry, and must be deposited into the State Police Services
Fund. The school 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 that has obtained or seeks
to obtain recognition status under this Section 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 chief
administrative officer of the non-public school.
    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 chief administrative officer of the non-public
school is confidential and may be transmitted only to the chief
administrative officer of the non-public school 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 that has obtained or seeks to obtain recognition
status under this Section may 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 Section 21B-80 of this Code or 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.
    (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. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
 
    (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 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
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.
    (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.
    (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.
    (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 Superintendent of Education, the State Teacher
Certification 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, 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 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 unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act. 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
license suspension or revocation pursuant to Section 21B-80 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
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 order to student teach in
the public schools, a student teacher person is required to
authorize a fingerprint-based criminal history records check
and checks of the Statewide Sex Offender Database and Statewide
Murderer and Violent Offender Against Youth Database prior to
participating in any field experiences in the public schools.
Authorization for and payment of the costs of the check checks
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. Results of the checks
must be furnished to the higher education institution where the
student teacher is enrolled and the superintendent of the
school district where the student is assigned.
    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 may 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
Section 21B-80 of this Code or 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.
    (h) (Blank). Upon request of a school, school district,
community college district, or private school, any information
obtained by a school district pursuant to subsection (f) of
this Section within the last year must be made available to
that school, school district, community college district, or
private school.
(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
 
    (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) Certified and noncertified 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 of the 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, 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.
    (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.
    (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 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 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 unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act. 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) 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. 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.
    (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 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 general superintendent of schools shall, in
writing, notify the State Superintendent of Education 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 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 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 order to student teach in
the public schools, a student teacher person is required to
authorize a fingerprint-based criminal history records check
and checks of the Statewide Sex Offender Database and Statewide
Murderer and Violent Offender Against Youth Database prior to
participating in any field experiences in the public schools.
Authorization for and payment of the costs of the check checks
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. Results of the checks must be
furnished to the higher education institution where the student
teacher is enrolled and the general superintendent of schools.
    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 Section
21B-80 of this Code or 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.
    (h) (Blank). Upon request of a school, school district,
community college district, or private school, any information
obtained by the school district pursuant to subsection (f) of
this Section within the last year must be made available to
that school, school district, community college district, or
private school.
(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
97-813, eff. 7-13-12.)

Effective Date: 1/1/2016