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| Public Act 099-0667 | ||||
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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, 21B-15, 21B-80, 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 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
| ||
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) of this Section
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) of this Section
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.
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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 | ||
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.
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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.
| ||
(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.
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(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 the public schools, 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 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. | ||
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). | ||
(Source: P.A. 99-21, eff. 1-1-16.)
| ||
(105 ILCS 5/21B-15) | ||
Sec. 21B-15. Qualifications of educators. | ||
(a) No one may be licensed to teach or supervise or be | ||
otherwise employed in the public schools of this State who is | ||
not of good character and at least 20 years of age. | ||
In determining good character under this Section, the State | ||
Superintendent of Education shall take into consideration the | ||
disciplinary actions of other states or national entities | ||
against certificates or licenses issued by those states and | ||
held by individuals from those states. In addition, any felony | ||
conviction of the applicant may be taken into consideration; | ||
however, no one may be licensed to teach or supervise in the | ||
public schools of this State who has been convicted of (i) an | ||
offense set forth in subsection (b) of Section 21B-80 of this | ||
Code until 7 years following the end of the sentence for the | ||
criminal offense or (ii) an offense set forth in subsection (c) | ||
of Section 21B-80 of this Code. Unless the conviction is for an | ||
offense set forth in Section 21B-80 of this Code, an applicant | ||
must be permitted to submit character references or other | ||
written material before such a conviction or other information | ||
regarding the applicant's character may be used by the State | ||
Superintendent of Education as a basis for denying the | ||
application. | ||
(b) No person otherwise qualified shall be denied the right | ||
to be licensed or to receive training for the purpose of | ||
becoming an educator because of a physical disability, | ||
including, but not limited to, visual and hearing disabilities; | ||
nor shall any school district refuse to employ a teacher on | ||
such grounds, provided that the person is able to carry out the | ||
duties of the position for which he or she applies. | ||
(c) No person may be granted or continue to hold an | ||
educator license who has knowingly altered or misrepresented | ||
his or her qualifications, in this State or any other state, in | ||
order to acquire or renew the license. Any other license issued | ||
under this Article held by the person may be suspended or | ||
revoked by the State Educator Preparation and Licensure Board, | ||
depending upon the severity of the alteration or | ||
misrepresentation. | ||
(d) No one may teach or supervise in the public schools nor | ||
receive for teaching or supervising any part of any public | ||
school fund who does not hold an educator license granted by | ||
the State Superintendent of Education as provided in this | ||
Article. However, the provisions of this Article do not apply | ||
to a member of the armed forces who is employed as a teacher of | ||
subjects in the Reserve Officers' Training Corps of any school, | ||
nor to an individual teaching a dual credit course as provided | ||
for in the Dual Credit Quality Act. | ||
(e) Notwithstanding any other provision of this Code, the | ||
school board of a school district may grant to a teacher of the | ||
district a leave of absence with full pay for a period of not | ||
more than one year to permit the teacher to teach in a foreign | ||
state under the provisions of the Exchange Teacher Program | ||
established under Public Law 584, 79th Congress, and Public Law | ||
402, 80th Congress, as amended. The school board granting the | ||
leave of absence may employ, with or without pay, a national of | ||
the foreign state wherein the teacher on the leave of absence | ||
is to teach if the national is qualified to teach in that | ||
foreign state and if that national is to teach in a grade level | ||
similar to the one that was taught in the foreign state. The | ||
State Board of Education, in consultation with the State | ||
Educator Preparation and Licensure Board, may adopt rules as | ||
may be necessary to implement this subsection (e).
| ||
(Source: P.A. 97-607, eff. 8-26-11.) | ||
(105 ILCS 5/21B-80) | ||
Sec. 21B-80. Conviction of certain offenses as grounds for | ||
disqualification for licensure or suspension or revocation of a | ||
license. | ||
(a) As used in this Section: | ||
"Drug Narcotics offense" means any one or more of the | ||
following offenses: | ||
(1) Any offense defined in the Cannabis Control Act, | ||
except those defined in subdivisions (a), and (b), and (c) | ||
of Section 4 and subdivisions subdivision (a) and (b) of | ||
Section 5 of the Cannabis Control Act and any offense for | ||
which the holder of a license is placed on probation under | ||
the provisions of Section 10 of the Cannabis Control Act, | ||
provided that if the terms and conditions of probation | ||
required by the court are not fulfilled, the offense is not | ||
eligible for this exception. | ||
(2) Any offense defined in the Illinois Controlled | ||
Substances Act, except any offense for which the holder of | ||
a license is placed on probation under the provisions of | ||
Section 410 of the Illinois Controlled Substances Act, | ||
provided that if the terms and conditions of probation | ||
required by the court are not fulfilled, the offense is not | ||
eligible for this exception. | ||
(3) Any offense defined in the Methamphetamine Control | ||
and Community Protection Act, except any offense for which | ||
the holder of a license is placed on probation under the | ||
provision of Section 70 of that Act, provided that if the | ||
terms and conditions of probation required by the court are | ||
not fulfilled, the offense is not eligible for this | ||
exception. | ||
(4) Any attempt to commit any of the offenses listed in | ||
items (1) through (3) of this definition. | ||
(5) 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 offenses listed in items | ||
(1) through (4) of this definition. | ||
The changes made by Public Act 96-431 to this the definition of | ||
"narcotics offense" are declaratory of existing law. | ||
"Sentence" includes any period of supervision or probation | ||
that was imposed either alone or in combination with a period | ||
of incarceration. | ||
"Sex offense" means any one or more of the following | ||
offenses: | ||
(A) Any offense defined in Sections 11-6, 11-9 through | ||
11-9.5, inclusive, and 11-30 (if punished as a Class 4 | ||
felony) , of the Criminal Code of 1961 or the Criminal Code | ||
of 2012; Sections 11-14.1 11-14 through 11-21, inclusive, | ||
of the Criminal Code of 1961 or the Criminal Code of 2012; | ||
Sections 11-23 (if punished as a Class 3 felony), 11-24, | ||
11-25, and 11-26 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; and Sections 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, | ||
12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished | ||
pursuant to subdivision (4) or (5) of subsection (d) of | ||
Section 26-4) of the Criminal Code of 1961 or the Criminal | ||
Code of 2012. | ||
(B) Any attempt to commit any of the offenses listed in | ||
item (A) of this definition. | ||
(C) Any offense committed or attempted in any other | ||
state that, if committed or attempted in this State, would | ||
have been punishable as one or more of the offenses listed | ||
in items (A) and (B) of this definition. | ||
(b) Whenever the holder of any license issued pursuant to | ||
this Article or applicant for a license to be issued pursuant | ||
to this Article has been convicted of any drug sex offense or | ||
narcotics offense, other than as provided in subsection (c) of | ||
this Section, the State Superintendent of Education shall | ||
forthwith suspend the license or deny the application, | ||
whichever is applicable, until 7 years following the end of the | ||
sentence for the criminal offense. If the conviction is | ||
reversed and the holder is acquitted of the offense in a new | ||
trial or the charges against him or her are dismissed, the | ||
State Superintendent of Education shall forthwith terminate | ||
the suspension of the license. When the conviction becomes | ||
final, the State Superintendent of Education shall forthwith | ||
revoke the license. | ||
(c) Whenever the holder of a license issued pursuant to | ||
this Article or applicant for a license to be issued pursuant | ||
to this Article has been convicted of attempting to commit, | ||
conspiring to commit, soliciting, or committing any sex | ||
offense, first degree murder, or a Class X felony 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 the | ||
foregoing offenses, the State Superintendent of Education | ||
shall forthwith suspend the license or deny the application, | ||
whichever is applicable. If the conviction is reversed and the | ||
holder is acquitted of that offense in a new trial or the | ||
charges that he or she committed that offense are dismissed, | ||
the State Superintendent of Education shall forthwith | ||
terminate the suspension of the license. When the conviction | ||
becomes final, the State Superintendent of Education shall | ||
forthwith revoke the license.
| ||
(Source: P.A. 99-58, eff. 7-16-15.) | ||
(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) of this Section
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) of this Section
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. | ||
(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 the public schools, 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 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. | ||
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). | ||
(Source: P.A. 99-21, eff. 1-1-16.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||