97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1196

 

Introduced 02/08/11, by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5  from Ch. 122, par. 34-18.5

    Amends the School Code. In provisions requiring criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database, provides that, beginning on January 1, 2012, the provisions also apply to all certified and noncertified employees of a school district who were employed by the school district prior to August 12, 2004.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9 and 34-18.5 as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks of
8the Statewide Sex Offender Database and Statewide Child
9Murderer and Violent Offender Against Youth Database.
10    (a) Certified and noncertified applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any of the enumerated
15criminal or drug offenses in subsection (c) of this Section or
16have been convicted, within 7 years of the application for
17employment with the school district, of any other felony under
18the laws of this State or of any offense committed or attempted
19in any other state or against the laws of the United States
20that, if committed or attempted in this State, would have been
21punishable as a felony under the laws of this State.
22Authorization for the check shall be furnished by the applicant
23to the school district, except that if the applicant is a

 

 

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1substitute teacher seeking employment in more than one school
2district, a teacher seeking concurrent part-time employment
3positions with more than one school district (as a reading
4specialist, special education teacher or otherwise), or an
5educational support personnel employee seeking employment
6positions with more than one district, any such district may
7require the applicant to furnish authorization for the check to
8the regional superintendent of the educational service region
9in which are located the school districts in which the
10applicant is seeking employment as a substitute or concurrent
11part-time teacher or concurrent educational support personnel
12employee. Upon receipt of this authorization, the school
13district or the appropriate regional superintendent, as the
14case may be, shall submit the applicant's name, sex, race, date
15of birth, social security number, fingerprint images, and other
16identifiers, as prescribed by the Department of State Police,
17to the Department. The regional superintendent submitting the
18requisite information to the Department of State Police shall
19promptly notify the school districts in which the applicant is
20seeking employment as a substitute or concurrent part-time
21teacher or concurrent educational support personnel employee
22that the check of the applicant has been requested. The
23Department of State Police and the Federal Bureau of
24Investigation shall furnish, pursuant to a fingerprint-based
25criminal history records check, records of convictions, until
26expunged, to the president of the school board for the school

 

 

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1district that requested the check, or to the regional
2superintendent who requested the check. The Department shall
3charge the school district or the appropriate regional
4superintendent a fee for conducting such check, which fee shall
5be deposited in the State Police Services Fund and shall not
6exceed the cost of the inquiry; and the applicant shall not be
7charged a fee for such check by the school district or by the
8regional superintendent, except that those applicants seeking
9employment as a substitute teacher with a school district may
10be charged a fee not to exceed the cost of the inquiry. Subject
11to appropriations for these purposes, the State Superintendent
12of Education shall reimburse school districts and regional
13superintendents for fees paid to obtain criminal history
14records checks under this Section.
15    (a-5) The school district or regional superintendent shall
16further perform a check of the Statewide Sex Offender Database,
17as authorized by the Sex Offender Community Notification Law,
18for each applicant.
19    (a-6) The school district or regional superintendent shall
20further perform a check of the Statewide Child Murderer and
21Violent Offender Against Youth Database, as authorized by the
22Child Murderer and Violent Offender Against Youth Community
23Notification Law, for each applicant.
24    (b) Any information concerning the record of convictions
25obtained by the president of the school board or the regional
26superintendent shall be confidential and may only be

 

 

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1transmitted to the superintendent of the school district or his
2designee, the appropriate regional superintendent if the check
3was requested by the school district, the presidents of the
4appropriate school boards if the check was requested from the
5Department of State Police by the regional superintendent, the
6State Superintendent of Education, the State Teacher
7Certification Board, any other person necessary to the decision
8of hiring the applicant for employment, or for clarification
9purposes the Department of State Police or Statewide Sex
10Offender Database, or both. A copy of the record of convictions
11obtained from the Department of State Police shall be provided
12to the applicant for employment. Upon the check of the
13Statewide Sex Offender Database, the school district or
14regional superintendent shall notify an applicant as to whether
15or not the applicant has been identified in the Database as a
16sex offender. If a check of an applicant for employment as a
17substitute or concurrent part-time teacher or concurrent
18educational support personnel employee in more than one school
19district was requested by the regional superintendent, and the
20Department of State Police upon a check ascertains that the
21applicant has not been convicted of any of the enumerated
22criminal or drug offenses in subsection (c) or has not been
23convicted, within 7 years of the application for employment
24with the school district, of any other felony under the laws of
25this State or of any offense committed or attempted in any
26other state or against the laws of the United States that, if

 

 

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1committed or attempted in this State, would have been
2punishable as a felony under the laws of this State and so
3notifies the regional superintendent and if the regional
4superintendent upon a check ascertains that the applicant has
5not been identified in the Sex Offender Database as a sex
6offender, then the regional superintendent shall issue to the
7applicant a certificate evidencing that as of the date
8specified by the Department of State Police the applicant has
9not been convicted of any of the enumerated criminal or drug
10offenses in subsection (c) or has not been convicted, within 7
11years of the application for employment with the school
12district, of any other felony under the laws of this State or
13of any offense committed or attempted in any other state or
14against the laws of the United States that, if committed or
15attempted in this State, would have been punishable as a felony
16under the laws of this State and evidencing that as of the date
17that the regional superintendent conducted a check of the
18Statewide Sex Offender Database, the applicant has not been
19identified in the Database as a sex offender. The school board
20of any school district may rely on the certificate issued by
21any regional superintendent to that substitute teacher,
22concurrent part-time teacher, or concurrent educational
23support personnel employee or may initiate its own criminal
24history records check of the applicant through the Department
25of State Police and its own check of the Statewide Sex Offender
26Database as provided in subsection (a). Any person who releases

 

 

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1any confidential information concerning any criminal
2convictions of an applicant for employment shall be guilty of a
3Class A misdemeanor, unless the release of such information is
4authorized by this Section.
5    (c) No school board shall knowingly employ a person who has
6been convicted of any offense that would subject him or her to
7certification suspension or revocation pursuant to Section
821-23a of this Code. Further, no school board shall knowingly
9employ a person who has been found to be the perpetrator of
10sexual or physical abuse of any minor under 18 years of age
11pursuant to proceedings under Article II of the Juvenile Court
12Act of 1987.
13    (d) No school board shall knowingly employ a person for
14whom a criminal history records check and a Statewide Sex
15Offender Database check has not been initiated.
16    (e) Upon receipt of the record of a conviction of or a
17finding of child abuse by a holder of any certificate issued
18pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
19Code, the State Superintendent of Education may initiate
20certificate suspension and revocation proceedings as
21authorized by law.
22    (e-5) The superintendent of the employing school board
23shall, in writing, notify the State Superintendent of Education
24and the applicable regional superintendent of schools of any
25certificate holder whom he or she has reasonable cause to
26believe has committed an intentional act of abuse or neglect

 

 

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1with the result of making a child an abused child or a
2neglected child, as defined in Section 3 of the Abused and
3Neglected Child Reporting Act, and that act resulted in the
4certificate holder's dismissal or resignation from the school
5district. This notification must be submitted within 30 days
6after the dismissal or resignation. The certificate holder must
7also be contemporaneously sent a copy of the notice by the
8superintendent. All correspondence, documentation, and other
9information so received by the regional superintendent of
10schools, the State Superintendent of Education, the State Board
11of Education, or the State Teacher Certification Board under
12this subsection (e-5) is confidential and must not be disclosed
13to third parties, except (i) as necessary for the State
14Superintendent of Education or his or her designee to
15investigate and prosecute pursuant to Article 21 of this Code,
16(ii) pursuant to a court order, (iii) for disclosure to the
17certificate holder or his or her representative, or (iv) as
18otherwise provided in this Article and provided that any such
19information admitted into evidence in a hearing is exempt from
20this confidentiality and non-disclosure requirement. Except
21for an act of willful or wanton misconduct, any superintendent
22who provides notification as required in this subsection (e-5)
23shall have immunity from any liability, whether civil or
24criminal or that otherwise might result by reason of such
25action.
26    (f) After January 1, 1990 the provisions of this Section

 

 

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1shall apply to all employees of persons or firms holding
2contracts with any school district including, but not limited
3to, food service workers, school bus drivers and other
4transportation employees, who have direct, daily contact with
5the pupils of any school in such district. For purposes of
6criminal history records checks and checks of the Statewide Sex
7Offender Database on employees of persons or firms holding
8contracts with more than one school district and assigned to
9more than one school district, the regional superintendent of
10the educational service region in which the contracting school
11districts are located may, at the request of any such school
12district, be responsible for receiving the authorization for a
13criminal history records check prepared by each such employee
14and submitting the same to the Department of State Police and
15for conducting a check of the Statewide Sex Offender Database
16for each employee. Any information concerning the record of
17conviction and identification as a sex offender of any such
18employee obtained by the regional superintendent shall be
19promptly reported to the president of the appropriate school
20board or school boards.
21    (f-5) Beginning on January 1, 2012, this Section also
22applies to all certified and noncertified employees of a school
23district who were employed by the school district prior to
24August 12, 2004.
25    (g) In order to student teach in the public schools, a
26person is required to authorize a fingerprint-based criminal

 

 

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1history records check and checks of the Statewide Sex Offender
2Database and Statewide Child Murderer and Violent Offender
3Against Youth Database prior to participating in any field
4experiences in the public schools. Authorization for and
5payment of the costs of the checks must be furnished by the
6student teacher. Results of the checks must be furnished to the
7higher education institution where the student teacher is
8enrolled and the superintendent of the school district where
9the student is assigned.
10(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1196-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
 
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
14the Statewide Sex Offender Database and Statewide Child
15Murderer and Violent Offender Against Youth Database.
16    (a) Certified and noncertified applicants for employment
17with the school district are required as a condition of
18employment to authorize a fingerprint-based criminal history
19records check to determine if such applicants have been
20convicted of any of the enumerated criminal or drug offenses in
21subsection (c) of this Section or have been convicted, within 7
22years of the application for employment with the school
23district, of any other felony under the laws of this State or
24of any offense committed or attempted in any other state or
25against the laws of the United States that, if committed or

 

 

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1attempted in this State, would have been punishable as a felony
2under the laws of this State. Authorization for the check shall
3be furnished by the applicant to the school district, except
4that if the applicant is a substitute teacher seeking
5employment in more than one school district, or a teacher
6seeking concurrent part-time employment positions with more
7than one school district (as a reading specialist, special
8education teacher or otherwise), or an educational support
9personnel employee seeking employment positions with more than
10one district, any such district may require the applicant to
11furnish authorization for the check to the regional
12superintendent of the educational service region in which are
13located the school districts in which the applicant is seeking
14employment as a substitute or concurrent part-time teacher or
15concurrent educational support personnel employee. Upon
16receipt of this authorization, the school district or the
17appropriate regional superintendent, as the case may be, shall
18submit the applicant's name, sex, race, date of birth, social
19security number, fingerprint images, and other identifiers, as
20prescribed by the Department of State Police, to the
21Department. The regional superintendent submitting the
22requisite information to the Department of State Police shall
23promptly notify the school districts in which the applicant is
24seeking employment as a substitute or concurrent part-time
25teacher or concurrent educational support personnel employee
26that the check of the applicant has been requested. The

 

 

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1Department of State Police and the Federal Bureau of
2Investigation shall furnish, pursuant to a fingerprint-based
3criminal history records check, records of convictions, until
4expunged, to the president of the school board for the school
5district that requested the check, or to the regional
6superintendent who requested the check. The Department shall
7charge the school district or the appropriate regional
8superintendent a fee for conducting such check, which fee shall
9be deposited in the State Police Services Fund and shall not
10exceed the cost of the inquiry; and the applicant shall not be
11charged a fee for such check by the school district or by the
12regional superintendent. Subject to appropriations for these
13purposes, the State Superintendent of Education shall
14reimburse the school district and regional superintendent for
15fees paid to obtain criminal history records checks under this
16Section.
17    (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender Database,
19as authorized by the Sex Offender Community Notification Law,
20for each applicant.
21    (a-6) The school district or regional superintendent shall
22further perform a check of the Statewide Child Murderer and
23Violent Offender Against Youth Database, as authorized by the
24Child Murderer and Violent Offender Against Youth Community
25Notification Law, for each applicant.
26    (b) Any information concerning the record of convictions

 

 

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1obtained by the president of the board of education or the
2regional superintendent shall be confidential and may only be
3transmitted to the general superintendent of the school
4district or his designee, the appropriate regional
5superintendent if the check was requested by the board of
6education for the school district, the presidents of the
7appropriate board of education or school boards if the check
8was requested from the Department of State Police by the
9regional superintendent, the State Superintendent of
10Education, the State Teacher Certification Board or any other
11person necessary to the decision of hiring the applicant for
12employment. A copy of the record of convictions obtained from
13the Department of State Police shall be provided to the
14applicant for employment. Upon the check of the Statewide Sex
15Offender Database, the school district or regional
16superintendent shall notify an applicant as to whether or not
17the applicant has been identified in the Database as a sex
18offender. If a check of an applicant for employment as a
19substitute or concurrent part-time teacher or concurrent
20educational support personnel employee in more than one school
21district was requested by the regional superintendent, and the
22Department of State Police upon a check ascertains that the
23applicant has not been convicted of any of the enumerated
24criminal or drug offenses in subsection (c) or has not been
25convicted, within 7 years of the application for employment
26with the school district, of any other felony under the laws of

 

 

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1this State or of any offense committed or attempted in any
2other state or against the laws of the United States that, if
3committed or attempted in this State, would have been
4punishable as a felony under the laws of this State and so
5notifies the regional superintendent and if the regional
6superintendent upon a check ascertains that the applicant has
7not been identified in the Sex Offender Database as a sex
8offender, then the regional superintendent shall issue to the
9applicant a certificate evidencing that as of the date
10specified by the Department of State Police the applicant has
11not been convicted of any of the enumerated criminal or drug
12offenses in subsection (c) or has not been convicted, within 7
13years of the application for employment with the school
14district, of any other felony under the laws of this State or
15of any offense committed or attempted in any other state or
16against the laws of the United States that, if committed or
17attempted in this State, would have been punishable as a felony
18under the laws of this State and evidencing that as of the date
19that the regional superintendent conducted a check of the
20Statewide Sex Offender Database, the applicant has not been
21identified in the Database as a sex offender. The school board
22of any school district may rely on the certificate issued by
23any regional superintendent to that substitute teacher,
24concurrent part-time teacher, or concurrent educational
25support personnel employee or may initiate its own criminal
26history records check of the applicant through the Department

 

 

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1of State Police and its own check of the Statewide Sex Offender
2Database as provided in subsection (a). Any person who releases
3any confidential information concerning any criminal
4convictions of an applicant for employment shall be guilty of a
5Class A misdemeanor, unless the release of such information is
6authorized by this Section.
7    (c) The board of education shall not knowingly employ a
8person who has been convicted of any offense that would subject
9him or her to certification suspension or revocation pursuant
10to Section 21-23a of this Code. Further, the board of education
11shall not knowingly employ a person who has been found to be
12the perpetrator of sexual or physical abuse of any minor under
1318 years of age pursuant to proceedings under Article II of the
14Juvenile Court Act of 1987.
15    (d) The board of education shall not knowingly employ a
16person for whom a criminal history records check and a
17Statewide Sex Offender Database check has not been initiated.
18    (e) Upon receipt of the record of a conviction of or a
19finding of child abuse by a holder of any certificate issued
20pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
21Code, the State Superintendent of Education may initiate
22certificate suspension and revocation proceedings as
23authorized by law.
24    (e-5) The general superintendent of schools shall, in
25writing, notify the State Superintendent of Education of any
26certificate holder whom he or she has reasonable cause to

 

 

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1believe has committed an intentional act of abuse or neglect
2with the result of making a child an abused child or a
3neglected child, as defined in Section 3 of the Abused and
4Neglected Child Reporting Act, and that act resulted in the
5certificate holder's dismissal or resignation from the school
6district. This notification must be submitted within 30 days
7after the dismissal or resignation. The certificate holder must
8also be contemporaneously sent a copy of the notice by the
9superintendent. All correspondence, documentation, and other
10information so received by the State Superintendent of
11Education, the State Board of Education, or the State Teacher
12Certification Board under this subsection (e-5) is
13confidential and must not be disclosed to third parties, except
14(i) as necessary for the State Superintendent of Education or
15his or her designee to investigate and prosecute pursuant to
16Article 21 of this Code, (ii) pursuant to a court order, (iii)
17for disclosure to the certificate holder or his or her
18representative, or (iv) as otherwise provided in this Article
19and provided that any such information admitted into evidence
20in a hearing is exempt from this confidentiality and
21non-disclosure requirement. Except for an act of willful or
22wanton misconduct, any superintendent who provides
23notification as required in this subsection (e-5) shall have
24immunity from any liability, whether civil or criminal or that
25otherwise might result by reason of such action.
26    (f) After March 19, 1990, the provisions of this Section

 

 

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1shall apply to all employees of persons or firms holding
2contracts with any school district including, but not limited
3to, food service workers, school bus drivers and other
4transportation employees, who have direct, daily contact with
5the pupils of any school in such district. For purposes of
6criminal history records checks and checks of the Statewide Sex
7Offender Database on employees of persons or firms holding
8contracts with more than one school district and assigned to
9more than one school district, the regional superintendent of
10the educational service region in which the contracting school
11districts are located may, at the request of any such school
12district, be responsible for receiving the authorization for a
13criminal history records check prepared by each such employee
14and submitting the same to the Department of State Police and
15for conducting a check of the Statewide Sex Offender Database
16for each employee. Any information concerning the record of
17conviction and identification as a sex offender of any such
18employee obtained by the regional superintendent shall be
19promptly reported to the president of the appropriate school
20board or school boards.
21    (f-5) Beginning on January 1, 2012, this Section also
22applies to all certified and noncertified employees of a school
23district who were employed by the school district prior to
24August 12, 2004.
25    (g) In order to student teach in the public schools, a
26person is required to authorize a fingerprint-based criminal

 

 

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1history records check and checks of the Statewide Sex Offender
2Database and Statewide Child Murderer and Violent Offender
3Against Youth Database prior to participating in any field
4experiences in the public schools. Authorization for and
5payment of the costs of the checks must be furnished by the
6student teacher. Results of the checks must be furnished to the
7higher education institution where the student teacher is
8enrolled and the general superintendent of schools.
9(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1096-1452, eff. 8-20-10.)