|
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0494 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
|
| 105 ILCS 5/2-3.25o | | 105 ILCS 5/10-21.9 | from Ch. 122, par. 10-21.9 | 105 ILCS 5/21B-80 | | 105 ILCS 5/34-18.5 | from Ch. 122, par. 34-18.5 |
|
Amends the School Code. In provisions requiring a criminal history records check to be performed with regard to applicants for employment with a school district or non-public school and whether those applicants may be employed, makes changes concerning the types of convictions checked for and when those convictions occurred. In provisions concerning the conviction of certain offenses as grounds for revocation of an educator license, changes the definitions of "narcotics offense" and "sex offense". Effective immediately.
| |
| | |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
|
| | HB0494 | | LRB099 04171 NHT 24192 b |
|
|
| 1 | | AN ACT concerning education.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The School Code is amended by changing Sections |
| 5 | | 2-3.25o, 10-21.9, 21B-80, and 34-18.5 as follows:
|
| 6 | | (105 ILCS 5/2-3.25o)
|
| 7 | | Sec. 2-3.25o. Registration and recognition of non-public |
| 8 | | elementary and
secondary schools.
|
| 9 | | (a) Findings. The General Assembly finds and declares (i) |
| 10 | | that the
Constitution
of the State of Illinois provides that a |
| 11 | | "fundamental goal of the People of the
State is the
educational |
| 12 | | development of all persons to the limits of their capacities" |
| 13 | | and
(ii) that the
educational development of every school |
| 14 | | student serves the public purposes of
the State.
In order to |
| 15 | | ensure that all Illinois students and teachers have the |
| 16 | | opportunity
to enroll and
work in State-approved educational |
| 17 | | institutions and programs, the State Board
of
Education shall |
| 18 | | provide for the voluntary registration and recognition of
|
| 19 | | non-public
elementary and secondary schools.
|
| 20 | | (b) Registration. All non-public elementary and secondary |
| 21 | | schools in the
State
of
Illinois may voluntarily register with |
| 22 | | the State Board of Education on an
annual basis. Registration |
| 23 | | shall
be completed
in conformance with procedures prescribed by |
|
| | HB0494 | - 2 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | the State Board of Education.
Information
required for |
| 2 | | registration shall include assurances of compliance (i) with
|
| 3 | | federal
and State
laws regarding health examination and |
| 4 | | immunization, attendance, length of term,
and
|
| 5 | | nondiscrimination and (ii) with applicable fire and health |
| 6 | | safety requirements.
|
| 7 | | (c) Recognition. All non-public elementary and secondary |
| 8 | | schools in the
State of
Illinois may voluntarily seek the |
| 9 | | status of "Non-public School Recognition"
from
the State
Board |
| 10 | | of Education. This status may be obtained by compliance with
|
| 11 | | administrative
guidelines and review procedures as prescribed |
| 12 | | by the State Board of Education.
The
guidelines and procedures |
| 13 | | must recognize that some of the aims and the
financial bases of
|
| 14 | | non-public schools are different from public schools and will |
| 15 | | not be identical
to those for
public schools, nor will they be |
| 16 | | more burdensome. The guidelines and procedures
must
also |
| 17 | | recognize the diversity of non-public schools and shall not |
| 18 | | impinge upon
the
noneducational relationships between those |
| 19 | | schools and their clientele.
|
| 20 | | (c-5) Prohibition against recognition. A non-public |
| 21 | | elementary or secondary school may not obtain "Non-public |
| 22 | | School Recognition" status unless the school requires all |
| 23 | | certified and non-certified applicants for employment with the |
| 24 | | school, after July 1, 2007, to authorize a fingerprint-based |
| 25 | | criminal history records check as a condition of employment to |
| 26 | | determine if such applicants have been convicted of any sex |
|
| | HB0494 | - 3 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | offense as defined in subsection (a) of Section 21B-80 of this |
| 2 | | Code, have been convicted of any narcotics offense as defined |
| 3 | | in subsection (a) of Section 21B-80 of this Code within 5 years |
| 4 | | of the application for employment, of the enumerated criminal |
| 5 | | or drug offenses set forth in Section 21-23a of this Code or |
| 6 | | have been convicted, within 2 7 years of the application for |
| 7 | | employment, of any other felony under the laws of this State or |
| 8 | | of any offense committed or attempted in any other state or |
| 9 | | against the laws of the United States that, if committed or |
| 10 | | attempted in this State, would have been punishable as a felony |
| 11 | | under the laws of this State. |
| 12 | | Authorization for the check shall be furnished by the |
| 13 | | applicant to the school, except that if the applicant is a |
| 14 | | substitute teacher seeking employment in more than one |
| 15 | | non-public school, a teacher seeking concurrent part-time |
| 16 | | employment positions with more than one non-public school (as a |
| 17 | | reading specialist, special education teacher, or otherwise), |
| 18 | | or an educational support personnel employee seeking |
| 19 | | employment positions with more than one non-public school, then |
| 20 | | only one of the non-public schools employing the individual |
| 21 | | shall request the authorization. Upon receipt of this |
| 22 | | authorization, the non-public school shall submit the |
| 23 | | applicant's name, sex, race, date of birth, social security |
| 24 | | number, fingerprint images, and other identifiers, as |
| 25 | | prescribed by the Department of State Police, to the Department |
| 26 | | of State Police. |
|
| | HB0494 | - 4 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | The Department of State Police and Federal Bureau of |
| 2 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 3 | | criminal history records check, records of convictions, |
| 4 | | forever and hereafter, until expunged, to the president or |
| 5 | | principal of the non-public school that requested the check. |
| 6 | | The Department of State Police shall charge that school a fee |
| 7 | | for conducting such check, which fee must be deposited into the |
| 8 | | State Police Services Fund and must not exceed the cost of the |
| 9 | | inquiry. Subject to appropriations for these purposes, the |
| 10 | | State Superintendent of Education shall reimburse non-public |
| 11 | | schools for fees paid to obtain criminal history records checks |
| 12 | | under this Section. |
| 13 | | A non-public school may not obtain recognition status |
| 14 | | unless the school also performs a check of the Statewide Sex |
| 15 | | Offender Database, as authorized by the Sex Offender Community |
| 16 | | Notification Law, for each applicant for employment, after July |
| 17 | | 1, 2007, to determine whether the applicant has been |
| 18 | | adjudicated a sex offender. |
| 19 | | Any information concerning the record of convictions |
| 20 | | obtained by a non-public school's president or principal under |
| 21 | | this Section is confidential and may be disseminated only to |
| 22 | | the governing body of the non-public school or any other person |
| 23 | | necessary to the decision of hiring the applicant for |
| 24 | | employment. A copy of the record of convictions obtained from |
| 25 | | the Department of State Police shall be provided to the |
| 26 | | applicant for employment. Upon a check of the Statewide Sex |
|
| | HB0494 | - 5 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | Offender Database, the non-public school shall notify the |
| 2 | | applicant as to whether or not the applicant has been |
| 3 | | identified in the Sex Offender Database as a sex offender. Any |
| 4 | | information concerning the records of conviction obtained by |
| 5 | | the non-public school's president or principal under this |
| 6 | | Section for a substitute teacher seeking employment in more |
| 7 | | than one non-public school, a teacher seeking concurrent |
| 8 | | part-time employment positions with more than one non-public |
| 9 | | school (as a reading specialist, special education teacher, or |
| 10 | | otherwise), or an educational support personnel employee |
| 11 | | seeking employment positions with more than one non-public |
| 12 | | school may be shared with another non-public school's principal |
| 13 | | or president to which the applicant seeks employment. Any |
| 14 | | person who releases any criminal history record information |
| 15 | | concerning an applicant for employment is guilty of a Class A |
| 16 | | misdemeanor and may be subject to prosecution under federal |
| 17 | | law, unless the release of such information is authorized by |
| 18 | | this Section. |
| 19 | | No non-public school may obtain recognition status that |
| 20 | | knowingly employs a person, hired after July 1, 2007, for whom |
| 21 | | a Department of State Police and Federal Bureau of |
| 22 | | Investigation fingerprint-based criminal history records check |
| 23 | | and a Statewide Sex Offender Database check has not been |
| 24 | | initiated or who has been convicted of any sex offense as |
| 25 | | defined in subsection (a) of Section 21B-80 of this Code, has |
| 26 | | been convicted of any narcotics offense as defined in |
|
| | HB0494 | - 6 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | subsection (a) of Section 21B-80 of this Code within 5 years of |
| 2 | | the application for employment, or has been convicted of |
| 3 | | offense enumerated in Section 21B-80 of this Code or any |
| 4 | | offense committed or attempted in any other state or against |
| 5 | | the laws of the United States that, if committed or attempted |
| 6 | | in this State, would have been punishable as one or more of |
| 7 | | those offenses. No non-public school may obtain recognition |
| 8 | | status under this Section that knowingly employs a person who |
| 9 | | has been found to be the perpetrator of sexual or physical |
| 10 | | abuse of a minor under 18 years of age pursuant to proceedings |
| 11 | | under Article II of the Juvenile Court Act of 1987. |
| 12 | | In order to obtain recognition status under this Section, a |
| 13 | | non-public school must require compliance with the provisions |
| 14 | | of this subsection (c-5) from all employees of persons or firms |
| 15 | | holding contracts with the school, including, but not limited |
| 16 | | to, food service workers, school bus drivers, and other |
| 17 | | transportation employees, who have direct, daily contact with |
| 18 | | pupils. Any information concerning the records of conviction or |
| 19 | | identification as a sex offender of any such employee obtained |
| 20 | | by the non-public school principal or president must be |
| 21 | | promptly reported to the school's governing body.
|
| 22 | | (d) Public purposes. The provisions of this Section are in |
| 23 | | the public
interest, for
the public benefit, and serve secular |
| 24 | | public purposes.
|
| 25 | | (e) Definition. For purposes of this Section, a non-public |
| 26 | | school means any
non-profit, non-home-based, and non-public |
|
| | HB0494 | - 7 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | elementary or secondary school that
is
in
compliance with Title |
| 2 | | VI of the Civil Rights Act of 1964 and attendance at
which
|
| 3 | | satisfies the requirements of Section 26-1 of this Code.
|
| 4 | | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
|
| 5 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
|
| 6 | | Sec. 10-21.9. Criminal history records checks and checks of |
| 7 | | the Statewide Sex Offender Database and Statewide Murderer and |
| 8 | | Violent Offender Against Youth Database.
|
| 9 | | (a) Certified and noncertified applicants for employment |
| 10 | | with a school
district, except school bus driver applicants, |
| 11 | | are required as a condition
of employment to authorize a |
| 12 | | fingerprint-based criminal history records check to determine |
| 13 | | if such applicants have been convicted of any of
the enumerated |
| 14 | | criminal offenses in subsection (c) of this Section, have been |
| 15 | | convicted of any of the enumerated or drug offenses in |
| 16 | | subsection (c) of this Section within 5 years of the |
| 17 | | application for employment with the school district, or
have |
| 18 | | been convicted, within 2 7 years of the application for |
| 19 | | employment with
the
school district, of any other felony under |
| 20 | | the laws of this State or of any
offense committed or attempted |
| 21 | | in any other state or against the laws of
the United States |
| 22 | | that, if committed or attempted in this State, would
have been |
| 23 | | punishable as a felony under the laws of this State.
|
| 24 | | Authorization for
the check shall be furnished by the applicant |
| 25 | | to
the school district, except that if the applicant is a |
|
| | HB0494 | - 8 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | substitute teacher
seeking employment in more than one school |
| 2 | | district, a teacher seeking
concurrent part-time employment |
| 3 | | positions with more than one school
district (as a reading |
| 4 | | specialist, special education teacher or otherwise),
or an |
| 5 | | educational support personnel employee seeking employment |
| 6 | | positions
with more than one district, any such district may |
| 7 | | require the applicant to
furnish authorization for
the check to |
| 8 | | the regional superintendent
of the educational service region |
| 9 | | in which are located the school districts
in which the |
| 10 | | applicant is seeking employment as a substitute or concurrent
|
| 11 | | part-time teacher or concurrent educational support personnel |
| 12 | | employee.
Upon receipt of this authorization, the school |
| 13 | | district or the appropriate
regional superintendent, as the |
| 14 | | case may be, shall submit the applicant's
name, sex, race, date |
| 15 | | of birth, social security number, fingerprint images, and other |
| 16 | | identifiers, as prescribed by the Department
of State Police, |
| 17 | | to the Department. The regional
superintendent submitting the |
| 18 | | requisite information to the Department of
State Police shall |
| 19 | | promptly notify the school districts in which the
applicant is |
| 20 | | seeking employment as a substitute or concurrent part-time
|
| 21 | | teacher or concurrent educational support personnel employee |
| 22 | | that
the
check of the applicant has been requested. The |
| 23 | | Department of State Police and the Federal Bureau of |
| 24 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 25 | | criminal history records check, records of convictions, until |
| 26 | | expunged, to the president of the school board for the school |
|
| | HB0494 | - 9 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | district that requested the check, or to the regional |
| 2 | | superintendent who requested the check.
The
Department shall |
| 3 | | charge
the school district
or the appropriate regional |
| 4 | | superintendent a fee for
conducting
such check, which fee shall |
| 5 | | be deposited in the State
Police Services Fund and shall not |
| 6 | | exceed the cost of
the inquiry; and the
applicant shall not be |
| 7 | | charged a fee for
such check by the school
district or by the |
| 8 | | regional superintendent, except that those applicants seeking |
| 9 | | employment as a substitute teacher with a school district may |
| 10 | | be charged a fee not to exceed the cost of the inquiry. Subject |
| 11 | | to appropriations for these purposes, the State Superintendent |
| 12 | | of Education shall reimburse school districts and regional |
| 13 | | superintendents for fees paid to obtain criminal history |
| 14 | | records checks under this Section.
|
| 15 | | (a-5) The school district or regional superintendent shall |
| 16 | | further perform a check of the Statewide Sex Offender Database, |
| 17 | | as authorized by the Sex Offender Community Notification Law, |
| 18 | | for each applicant.
|
| 19 | | (a-6) The school district or regional superintendent shall |
| 20 | | further perform a check of the Statewide Murderer and Violent |
| 21 | | Offender Against Youth Database, as authorized by the Murderer |
| 22 | | and Violent Offender Against Youth Community Notification Law, |
| 23 | | for each applicant.
|
| 24 | | (b)
Any information
concerning the record of convictions |
| 25 | | obtained by the president of the
school board or the regional |
| 26 | | superintendent shall be confidential and may
only be |
|
| | HB0494 | - 10 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | transmitted to the superintendent of the school district or his
|
| 2 | | designee, the appropriate regional superintendent if
the check |
| 3 | | was
requested by the school district, the presidents of the |
| 4 | | appropriate school
boards if
the check was requested from the |
| 5 | | Department of State
Police by the regional superintendent, the |
| 6 | | State Superintendent of
Education, the State Teacher |
| 7 | | Certification Board, any other person
necessary to the decision |
| 8 | | of hiring the applicant for employment, or for clarification |
| 9 | | purposes the Department of State Police or Statewide Sex |
| 10 | | Offender Database, or both. A copy
of the record of convictions |
| 11 | | obtained from the Department of State Police
shall be provided |
| 12 | | to the applicant for employment. Upon the check of the |
| 13 | | Statewide Sex Offender Database, the school district or |
| 14 | | regional superintendent shall notify an applicant as to whether |
| 15 | | or not the applicant has been identified in the Database as a |
| 16 | | sex offender. If a check of
an applicant for employment as a |
| 17 | | substitute or concurrent part-time teacher
or concurrent |
| 18 | | educational support personnel employee in more than one
school |
| 19 | | district was requested by the regional superintendent, and the
|
| 20 | | Department of State Police upon a check ascertains that the |
| 21 | | applicant
has not been convicted of any of the enumerated |
| 22 | | criminal offenses in subsection (c) of this Section, has not |
| 23 | | been convicted of any of the enumerated or drug offenses
in |
| 24 | | subsection (c) of this Section within 5 years of the |
| 25 | | application for employment with the school district,
or has not |
| 26 | | been convicted, within 2 7 years of the
application for
|
|
| | HB0494 | - 11 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | employment with the
school district, of any other felony under |
| 2 | | the laws of this State or of any
offense committed or attempted |
| 3 | | in any other state or against the laws of
the United States |
| 4 | | that, if committed or attempted in this State, would
have been |
| 5 | | punishable as a felony under the laws of this State
and so |
| 6 | | notifies the regional
superintendent and if the regional |
| 7 | | superintendent upon a check ascertains that the applicant has |
| 8 | | not been identified in the Sex Offender Database as a sex |
| 9 | | offender, then the
regional superintendent shall issue to the |
| 10 | | applicant a certificate
evidencing that as of the date |
| 11 | | specified by the Department of State Police
the applicant has |
| 12 | | not been convicted of any of the enumerated criminal offenses |
| 13 | | in subsection (c) of this Section, has not been convicted of |
| 14 | | any of the enumerated or
drug offenses in subsection (c) of |
| 15 | | this Section within 5 years of the application for employment |
| 16 | | with the school district,
or has not been
convicted, within 2 7 |
| 17 | | years of the application for employment with the
school |
| 18 | | district, of any other felony under the laws of this State or |
| 19 | | of any
offense committed or attempted in any other state or |
| 20 | | against the laws of
the United States that, if committed or |
| 21 | | attempted in this State, would
have been punishable as a felony |
| 22 | | under the laws of this State and evidencing that as of the date |
| 23 | | that the regional superintendent conducted a check of the |
| 24 | | Statewide Sex Offender Database, the applicant has not been |
| 25 | | identified in the Database as a sex offender. The school
board |
| 26 | | of
any
school district
may rely on the
certificate issued by |
|
| | HB0494 | - 12 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | any regional superintendent to that substitute teacher, |
| 2 | | concurrent part-time teacher, or concurrent educational |
| 3 | | support personnel employee or may
initiate its own criminal |
| 4 | | history records check of the applicant through the Department |
| 5 | | of
State Police and its own check of the Statewide Sex Offender |
| 6 | | Database as provided in subsection (a). Any person who releases |
| 7 | | any
confidential information concerning any criminal |
| 8 | | convictions of an
applicant for employment shall be guilty of a |
| 9 | | Class A misdemeanor, unless
the release of such information is |
| 10 | | authorized by this Section.
|
| 11 | | (c) No school board shall knowingly employ a person who has |
| 12 | | been
convicted of any sex offense as defined in subsection (a) |
| 13 | | of Section 21B-80 of this Code or has been convicted of any |
| 14 | | narcotics offense as defined in subsection (a) of Section |
| 15 | | 21B-80 of this Code within 5 years of the application for |
| 16 | | employment with the school district offense that would subject |
| 17 | | him or her to license suspension or revocation pursuant to |
| 18 | | Section 21B-80 of this Code.
Further, no school board shall |
| 19 | | knowingly employ a person who has been found
to be the |
| 20 | | perpetrator of sexual or physical abuse of any minor under 18 |
| 21 | | years
of age pursuant to proceedings under Article II of the |
| 22 | | Juvenile Court Act of
1987.
|
| 23 | | (d) No school board shall knowingly employ a person for |
| 24 | | whom a criminal
history records check and a Statewide Sex |
| 25 | | Offender Database check has not been initiated.
|
| 26 | | (e) Upon receipt of the record of a conviction of or a |
|
| | HB0494 | - 13 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | finding of child
abuse by a holder of any
certificate issued |
| 2 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School |
| 3 | | Code, the
State Superintendent of Education may initiate |
| 4 | | certificate suspension
and revocation proceedings as |
| 5 | | authorized by law.
|
| 6 | | (e-5) The superintendent of the employing school board |
| 7 | | shall, in writing, notify the State Superintendent of Education |
| 8 | | and the applicable regional superintendent of schools of any |
| 9 | | certificate holder whom he or she has reasonable cause to |
| 10 | | believe has committed an intentional act of abuse or neglect |
| 11 | | with the result of making a child an abused child or a |
| 12 | | neglected child, as defined in Section 3 of the Abused and |
| 13 | | Neglected Child Reporting Act, and that act resulted in the |
| 14 | | certificate holder's dismissal or resignation from the school |
| 15 | | district. This notification must be submitted within 30 days |
| 16 | | after the dismissal or resignation. The certificate holder must |
| 17 | | also be contemporaneously sent a copy of the notice by the |
| 18 | | superintendent. All correspondence, documentation, and other |
| 19 | | information so received by the regional superintendent of |
| 20 | | schools, the State Superintendent of Education, the State Board |
| 21 | | of Education, or the State Teacher Certification Board under |
| 22 | | this subsection (e-5) is confidential and must not be disclosed |
| 23 | | to third parties, except (i) as necessary for the State |
| 24 | | Superintendent of Education or his or her designee to |
| 25 | | investigate and prosecute pursuant to Article 21 of this Code, |
| 26 | | (ii) pursuant to a court order, (iii) for disclosure to the |
|
| | HB0494 | - 14 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | certificate holder or his or her representative, or (iv) as |
| 2 | | otherwise provided in this Article and provided that any such |
| 3 | | information admitted into evidence in a hearing is exempt from |
| 4 | | this confidentiality and non-disclosure requirement. Except |
| 5 | | for an act of willful or wanton misconduct, any superintendent |
| 6 | | who provides notification as required in this subsection (e-5) |
| 7 | | shall have immunity from any liability, whether civil or |
| 8 | | criminal or that otherwise might result by reason of such |
| 9 | | action. |
| 10 | | (f) After January 1, 1990 the provisions of this Section |
| 11 | | shall apply
to all employees of persons or firms holding |
| 12 | | contracts with any school
district including, but not limited |
| 13 | | to, food service workers, school bus
drivers and other |
| 14 | | transportation employees, who have direct, daily contact
with |
| 15 | | the pupils of any school in such district. For purposes of |
| 16 | | criminal
history records checks and checks of the Statewide Sex |
| 17 | | Offender Database on employees of persons or firms holding
|
| 18 | | contracts with more than one school district and assigned to |
| 19 | | more than one
school district, the regional superintendent of |
| 20 | | the educational service
region in which the contracting school |
| 21 | | districts are located may, at the
request of any such school |
| 22 | | district, be responsible for receiving the
authorization for
a |
| 23 | | criminal history records check prepared by each such employee |
| 24 | | and
submitting the same to the Department of State Police and |
| 25 | | for conducting a check of the Statewide Sex Offender Database |
| 26 | | for each employee. Any information
concerning the record of |
|
| | HB0494 | - 15 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | conviction and identification as a sex offender of any such |
| 2 | | employee obtained by the
regional superintendent shall be |
| 3 | | promptly reported to the president of the
appropriate school |
| 4 | | board or school boards.
|
| 5 | | (g) In order to student teach in the public schools, a |
| 6 | | person is required to authorize a fingerprint-based criminal |
| 7 | | history records check and checks of the Statewide Sex Offender |
| 8 | | Database and Statewide Murderer and Violent Offender Against |
| 9 | | Youth Database prior to participating in any field experiences |
| 10 | | in the public schools. Authorization for and payment of the |
| 11 | | costs of the checks must be furnished by the student teacher. |
| 12 | | Results of the checks must be furnished to the higher education |
| 13 | | institution where the student teacher is enrolled and the |
| 14 | | superintendent of the school district where the student is |
| 15 | | assigned. |
| 16 | | (h) Upon request of a school, school district, community |
| 17 | | college district, or private school, any information obtained |
| 18 | | by a school district pursuant to subsection (f) of this Section |
| 19 | | within the last year must be made available to that school, |
| 20 | | school district, community college district, or private |
| 21 | | school. |
| 22 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; |
| 23 | | 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; |
| 24 | | 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
|
| 25 | | (105 ILCS 5/21B-80) |
|
| | HB0494 | - 16 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | Sec. 21B-80. Conviction of certain offenses as grounds for |
| 2 | | revocation of license. |
| 3 | | (a) As used in this Section: |
| 4 | | "Narcotics offense" means any one or more of the following |
| 5 | | offenses: |
| 6 | | (1) (Blank). Any offense defined in the Cannabis |
| 7 | | Control Act, except those defined in subdivisions (a) and |
| 8 | | (b) of Section 4 and subdivision (a) of Section 5 of the |
| 9 | | Cannabis Control Act and any offense for which the holder |
| 10 | | of a license is placed on probation under the provisions of |
| 11 | | Section 10 of the Cannabis Control Act, provided that if |
| 12 | | the terms and conditions of probation required by the court |
| 13 | | are not fulfilled, the offense is not eligible for this |
| 14 | | exception. |
| 15 | | (2) Any offense defined in the Illinois Controlled |
| 16 | | Substances Act, except any offense for which the holder of |
| 17 | | a license is placed on probation under the provisions of |
| 18 | | Section 410 of the Illinois Controlled Substances Act, |
| 19 | | provided that if the terms and conditions of probation |
| 20 | | required by the court are not fulfilled, the offense is not |
| 21 | | eligible for this exception. |
| 22 | | (3) Any offense defined in the Methamphetamine Control |
| 23 | | and Community Protection Act, except any offense for which |
| 24 | | the holder of a license is placed on probation under the |
| 25 | | provision of Section 70 of that Act, provided that if the |
| 26 | | terms and conditions of probation required by the court are |
|
| | HB0494 | - 17 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | not fulfilled, the offense is not eligible for this |
| 2 | | exception. |
| 3 | | (4) Any attempt to commit any of the offenses listed in |
| 4 | | items (2) and (1) through (3) of this definition. |
| 5 | | (5) Any offense committed or attempted in any other |
| 6 | | state or against the laws of the United States that, if |
| 7 | | committed or attempted in this State, would have been |
| 8 | | punishable as one or more of the offenses listed in items |
| 9 | | (2) (1) through (4) of this definition. |
| 10 | | The changes made by Public Act 96-431 to the definition of |
| 11 | | "narcotics offense" are declaratory of existing law. |
| 12 | | "Sex offense" means any one or more of the following |
| 13 | | offenses: |
| 14 | | (A) Any offense defined in Sections 11-6 and , 11-9 |
| 15 | | through 11-9.5, inclusive, and 11-30, of the Criminal Code |
| 16 | | of 1961 or the Criminal Code of 2012; Sections 11-14.1 |
| 17 | | 11-14 through 11-21, inclusive, of the Criminal Code of |
| 18 | | 1961 or the Criminal Code of 2012; Sections 11-23 (if |
| 19 | | punished as a Class 3 felony), 11-24, 11-25, and 11-26 of |
| 20 | | the Criminal Code of 1961 or the Criminal Code of 2012; and |
| 21 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, |
| 22 | | 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33, |
| 23 | | and 12C-45 of the Criminal Code of 1961 or the Criminal |
| 24 | | Code of 2012. |
| 25 | | (B) Any attempt to commit any of the offenses listed in |
| 26 | | item (A) of this definition. |
|
| | HB0494 | - 18 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | (C) Any offense committed or attempted in any other |
| 2 | | state that, if committed or attempted in this State, would |
| 3 | | have been punishable as one or more of the offenses listed |
| 4 | | in items (A) and (B) of this definition. |
| 5 | | (b) Whenever the holder of any license issued pursuant to |
| 6 | | this Article has been convicted of any sex offense or narcotics |
| 7 | | offense, the State Superintendent of Education shall forthwith |
| 8 | | suspend the license. If the conviction is reversed and the |
| 9 | | holder is acquitted of the offense in a new trial or the |
| 10 | | charges against him or her are dismissed, the State |
| 11 | | Superintendent of Education shall forthwith terminate the |
| 12 | | suspension of the license. When the conviction becomes final, |
| 13 | | the State Superintendent of Education shall forthwith revoke |
| 14 | | the license. |
| 15 | | (c) Whenever the holder of a license issued pursuant to |
| 16 | | this Article has been convicted of attempting to commit, |
| 17 | | conspiring to commit, soliciting, or committing first degree |
| 18 | | murder or a Class X felony or any offense committed or |
| 19 | | attempted in any other state or against the laws of the United |
| 20 | | States that, if committed or attempted in this State, would |
| 21 | | have been punishable as one or more of the foregoing offenses, |
| 22 | | the State Superintendent of Education shall forthwith suspend |
| 23 | | the license. If the conviction is reversed and the holder is |
| 24 | | acquitted of that offense in a new trial or the charges that he |
| 25 | | or she committed that offense are dismissed, the State |
| 26 | | Superintendent of Education shall forthwith terminate the |
|
| | HB0494 | - 19 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | suspension of the license. When the conviction becomes final, |
| 2 | | the State Superintendent of Education shall forthwith revoke |
| 3 | | the license.
|
| 4 | | (Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. |
| 5 | | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
|
| 6 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) |
| 7 | | Sec. 34-18.5. Criminal history records checks and checks of |
| 8 | | the Statewide Sex Offender Database and Statewide Murderer and |
| 9 | | Violent Offender Against Youth Database. |
| 10 | | (a) Certified and noncertified applicants for
employment |
| 11 | | with the school district are required as a condition of
|
| 12 | | employment to authorize a fingerprint-based criminal history |
| 13 | | records check to determine if such applicants
have been |
| 14 | | convicted of any of the enumerated criminal offenses in |
| 15 | | subsection (c) of this Section, have been convicted of any of |
| 16 | | the enumerated or drug offenses in
subsection (c) of this |
| 17 | | Section within 5 years of the application for employment with |
| 18 | | the school district, or have been
convicted, within 2 7 years |
| 19 | | of the application for employment with the
school district, of |
| 20 | | any other felony under the laws of this State or of any
offense |
| 21 | | committed or attempted in any other state or against the laws |
| 22 | | of
the United States that, if committed or attempted in this |
| 23 | | State, would
have been punishable as a felony under the laws of |
| 24 | | this State. Authorization
for
the
check shall
be furnished by |
| 25 | | the applicant to the school district, except that if the
|
|
| | HB0494 | - 20 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | applicant is a substitute teacher seeking employment in more |
| 2 | | than one
school district, or a teacher seeking concurrent |
| 3 | | part-time employment
positions with more than one school |
| 4 | | district (as a reading specialist,
special education teacher or |
| 5 | | otherwise), or an educational support
personnel employee |
| 6 | | seeking employment positions with more than one
district, any |
| 7 | | such district may require the applicant to furnish
|
| 8 | | authorization for
the check to the regional superintendent of |
| 9 | | the
educational service region in which are located the school |
| 10 | | districts in
which the applicant is seeking employment as a |
| 11 | | substitute or concurrent
part-time teacher or concurrent |
| 12 | | educational support personnel employee.
Upon receipt of this |
| 13 | | authorization, the school district or the appropriate
regional |
| 14 | | superintendent, as the case may be, shall submit the |
| 15 | | applicant's
name, sex, race, date of birth, social security |
| 16 | | number, fingerprint images, and other identifiers, as |
| 17 | | prescribed by the Department
of State Police, to the |
| 18 | | Department. The regional
superintendent submitting the |
| 19 | | requisite information to the Department of
State Police shall |
| 20 | | promptly notify the school districts in which the
applicant is |
| 21 | | seeking employment as a substitute or concurrent part-time
|
| 22 | | teacher or concurrent educational support personnel employee |
| 23 | | that
the
check of the applicant has been requested. The |
| 24 | | Department of State
Police and the Federal Bureau of |
| 25 | | Investigation shall furnish, pursuant to a fingerprint-based |
| 26 | | criminal history records check, records of convictions, until |
|
| | HB0494 | - 21 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | expunged, to the president of the school board for the school |
| 2 | | district that requested the check, or to the regional |
| 3 | | superintendent who requested the check. The
Department shall |
| 4 | | charge
the school district
or the appropriate regional |
| 5 | | superintendent a fee for
conducting
such check, which fee shall |
| 6 | | be deposited in the State
Police Services Fund and shall not |
| 7 | | exceed the cost of the inquiry; and the
applicant shall not be |
| 8 | | charged a fee for
such check by the school
district or by the |
| 9 | | regional superintendent. Subject to appropriations for these |
| 10 | | purposes, the State Superintendent of Education shall |
| 11 | | reimburse the school district and regional superintendent for |
| 12 | | fees paid to obtain criminal history records checks under this |
| 13 | | Section. |
| 14 | | (a-5) The school district or regional superintendent shall |
| 15 | | further perform a check of the Statewide Sex Offender Database, |
| 16 | | as authorized by the Sex Offender Community Notification Law, |
| 17 | | for each applicant. |
| 18 | | (a-6) The school district or regional superintendent shall |
| 19 | | further perform a check of the Statewide Murderer and Violent |
| 20 | | Offender Against Youth Database, as authorized by the Murderer |
| 21 | | and Violent Offender Against Youth Community Notification Law, |
| 22 | | for each applicant. |
| 23 | | (b) Any
information concerning the record of convictions |
| 24 | | obtained by the president
of the board of education or the |
| 25 | | regional superintendent shall be
confidential and may only be |
| 26 | | transmitted to the general superintendent of
the school |
|
| | HB0494 | - 22 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | district or his designee, the appropriate regional
|
| 2 | | superintendent if
the check was requested by the board of |
| 3 | | education
for the school district, the presidents of the |
| 4 | | appropriate board of
education or school boards if
the check |
| 5 | | was requested from the
Department of State Police by the |
| 6 | | regional superintendent, the State
Superintendent of |
| 7 | | Education, the State Teacher Certification Board or any
other |
| 8 | | person necessary to the decision of hiring the applicant for
|
| 9 | | employment. A copy of the record of convictions obtained from |
| 10 | | the
Department of State Police shall be provided to the |
| 11 | | applicant for
employment. Upon the check of the Statewide Sex |
| 12 | | Offender Database, the school district or regional |
| 13 | | superintendent shall notify an applicant as to whether or not |
| 14 | | the applicant has been identified in the Database as a sex |
| 15 | | offender. If a check of an applicant for employment as a
|
| 16 | | substitute or concurrent part-time teacher or concurrent |
| 17 | | educational
support personnel employee in more than one school |
| 18 | | district was requested
by the regional superintendent, and the |
| 19 | | Department of State Police upon
a check ascertains that the |
| 20 | | applicant has not been convicted of any
of the enumerated |
| 21 | | criminal offenses in subsection (c) of this Section, has not |
| 22 | | been convicted of any of the enumerated or drug offenses in |
| 23 | | subsection (c) of this Section within 5 years of the |
| 24 | | application for employment with the school district,
or has not |
| 25 | | been
convicted,
within 2 7 years of the application for |
| 26 | | employment with the
school district, of any other felony under |
|
| | HB0494 | - 23 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | the laws of this State or of any
offense committed or attempted |
| 2 | | in any other state or against the laws of
the United States |
| 3 | | that, if committed or attempted in this State, would
have been |
| 4 | | punishable as a felony under the laws of this State and so
|
| 5 | | notifies the regional superintendent and if the regional |
| 6 | | superintendent upon a check ascertains that the applicant has |
| 7 | | not been identified in the Sex Offender Database as a sex |
| 8 | | offender, then the regional superintendent
shall issue to the |
| 9 | | applicant a certificate evidencing that as of the date
|
| 10 | | specified by the Department of State Police the applicant has |
| 11 | | not been
convicted of any of the enumerated criminal offenses |
| 12 | | in subsection (c) of this Section, has not been convicted of |
| 13 | | any of the enumerated or drug offenses in subsection
(c) of |
| 14 | | this Section within 5 years of the application for employment |
| 15 | | with the school district,
or has not been
convicted, within 2 7 |
| 16 | | years of the application for employment with the
school |
| 17 | | district, of any other felony under the laws of this State or |
| 18 | | of any
offense committed or attempted in any other state or |
| 19 | | against the laws of
the United States that, if committed or |
| 20 | | attempted in this State, would
have been punishable as a felony |
| 21 | | under the laws of this State and evidencing that as of the date |
| 22 | | that the regional superintendent conducted a check of the |
| 23 | | Statewide Sex Offender Database, the applicant has not been |
| 24 | | identified in the Database as a sex offender. The school
board |
| 25 | | of any school district may rely on the certificate issued by |
| 26 | | any regional
superintendent to that substitute teacher, |
|
| | HB0494 | - 24 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | concurrent part-time teacher, or concurrent educational |
| 2 | | support personnel employee
or may initiate its own criminal |
| 3 | | history records check of
the applicant through the Department |
| 4 | | of State Police and its own check of the Statewide Sex Offender |
| 5 | | Database as provided in
subsection (a). Any person who releases |
| 6 | | any confidential information
concerning any criminal |
| 7 | | convictions of an applicant for employment shall be
guilty of a |
| 8 | | Class A misdemeanor, unless the release of such information is
|
| 9 | | authorized by this Section. |
| 10 | | (c) The board of education shall not knowingly employ a |
| 11 | | person who has
been convicted of any sex offense as defined in |
| 12 | | subsection (a) of Section 21B-80 of this Code or has been |
| 13 | | convicted of any narcotics offense as defined in subsection (a) |
| 14 | | of Section 21B-80 of this Code within 5 years of the |
| 15 | | application for employment with the school district offense |
| 16 | | that would subject him or her to license suspension or |
| 17 | | revocation pursuant to Section 21B-80 of this Code.
Further, |
| 18 | | the board of education shall not knowingly employ a person who |
| 19 | | has
been found to be the perpetrator of sexual or physical |
| 20 | | abuse of any minor under
18 years of age pursuant to |
| 21 | | proceedings under Article II of the Juvenile Court
Act of 1987. |
| 22 | | (d) The board of education shall not knowingly employ a |
| 23 | | person for whom
a criminal history records check and a |
| 24 | | Statewide Sex Offender Database check has not been initiated. |
| 25 | | (e) Upon receipt of the record of a conviction of or a |
| 26 | | finding of child
abuse by a holder of any
certificate issued |
|
| | HB0494 | - 25 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School |
| 2 | | Code, the State Superintendent of
Education may initiate |
| 3 | | certificate suspension and revocation
proceedings as |
| 4 | | authorized by law. |
| 5 | | (e-5) The general superintendent of schools shall, in |
| 6 | | writing, notify the State Superintendent of Education of any |
| 7 | | certificate holder whom he or she has reasonable cause to |
| 8 | | believe has committed an intentional act of abuse or neglect |
| 9 | | with the result of making a child an abused child or a |
| 10 | | neglected child, as defined in Section 3 of the Abused and |
| 11 | | Neglected Child Reporting Act, and that act resulted in the |
| 12 | | certificate holder's dismissal or resignation from the school |
| 13 | | district. This notification must be submitted within 30 days |
| 14 | | after the dismissal or resignation. The certificate holder must |
| 15 | | also be contemporaneously sent a copy of the notice by the |
| 16 | | superintendent. All correspondence, documentation, and other |
| 17 | | information so received by the State Superintendent of |
| 18 | | Education, the State Board of Education, or the State Teacher |
| 19 | | Certification Board under this subsection (e-5) is |
| 20 | | confidential and must not be disclosed to third parties, except |
| 21 | | (i) as necessary for the State Superintendent of Education or |
| 22 | | his or her designee to investigate and prosecute pursuant to |
| 23 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) |
| 24 | | for disclosure to the certificate holder or his or her |
| 25 | | representative, or (iv) as otherwise provided in this Article |
| 26 | | and provided that any such information admitted into evidence |
|
| | HB0494 | - 26 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | in a hearing is exempt from this confidentiality and |
| 2 | | non-disclosure requirement. Except for an act of willful or |
| 3 | | wanton misconduct, any superintendent who provides |
| 4 | | notification as required in this subsection (e-5) shall have |
| 5 | | immunity from any liability, whether civil or criminal or that |
| 6 | | otherwise might result by reason of such action. |
| 7 | | (f) After March 19, 1990, the provisions of this Section |
| 8 | | shall apply to
all employees of persons or firms holding |
| 9 | | contracts with any school district
including, but not limited |
| 10 | | to, food service workers, school bus drivers and
other |
| 11 | | transportation employees, who have direct, daily contact with |
| 12 | | the
pupils of any school in such district. For purposes of |
| 13 | | criminal history records checks and checks of the Statewide Sex |
| 14 | | Offender Database on employees of persons or firms holding |
| 15 | | contracts with more
than one school district and assigned to |
| 16 | | more than one school district, the
regional superintendent of |
| 17 | | the educational service region in which the
contracting school |
| 18 | | districts are located may, at the request of any such
school |
| 19 | | district, be responsible for receiving the authorization for
a |
| 20 | | criminal history records check prepared by each such employee |
| 21 | | and submitting the same to the
Department of State Police and |
| 22 | | for conducting a check of the Statewide Sex Offender Database |
| 23 | | for each employee. Any information concerning the record of
|
| 24 | | conviction and identification as a sex offender of any such |
| 25 | | employee obtained by the regional superintendent
shall be |
| 26 | | promptly reported to the president of the appropriate school |
|
| | HB0494 | - 27 - | LRB099 04171 NHT 24192 b |
|
|
|
| 1 | | board
or school boards. |
| 2 | | (g) In order to student teach in the public schools, a |
| 3 | | person is required to authorize a fingerprint-based criminal |
| 4 | | history records check and checks of the Statewide Sex Offender |
| 5 | | Database and Statewide Murderer and Violent Offender Against |
| 6 | | Youth Database prior to participating in any field experiences |
| 7 | | in the public schools. Authorization for and payment of the |
| 8 | | costs of the checks must be furnished by the student teacher. |
| 9 | | Results of the checks must be furnished to the higher education |
| 10 | | institution where the student teacher is enrolled and the |
| 11 | | general superintendent of schools. |
| 12 | | (h) Upon request of a school, school district, community |
| 13 | | college district, or private school, any information obtained |
| 14 | | by the school district pursuant to subsection (f) of this |
| 15 | | Section within the last year must be made available to that |
| 16 | | school, school district, community college district, or |
| 17 | | private school. |
| 18 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; |
| 19 | | 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; |
| 20 | | 97-813, eff. 7-13-12.)
|
| 21 | | Section 99. Effective date. This Act takes effect upon |
| 22 | | becoming law.
|