|
|
||||
| Public Act 095-0351 |
||||
| ||||
| ||||
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.
| ||