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