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| Public Act 096-1452 | ||||
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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 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 Child | ||||
Murderer and Violent Offender Against Youth Database.
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(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
| ||
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. 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.
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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, 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
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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 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.
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(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.
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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 has not been initiated.
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(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.
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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 | ||
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.
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(g) In order to student teach in the public schools, a | ||
person is required to authorize a fingerprint-based criminal | ||
history records check and checks of the Statewide Sex Offender | ||
Database and Statewide Child 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 checks must be furnished by the | ||
student teacher. 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. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
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(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 Child | ||
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
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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
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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, 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 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. | ||
(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 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 certification suspension or revocation pursuant | ||
to Section 21-23a 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. | ||
(g) In order to student teach in the public schools, a | ||
person is required to authorize a fingerprint-based criminal | ||
history records check and checks of the Statewide Sex Offender | ||
Database and Statewide Child 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 checks must be furnished by the | ||
student teacher. Results of the checks must be furnished to the | ||
higher education institution where the student teacher is | ||
enrolled and the general superintendent of schools. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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