HB1240 EngrossedLRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 2 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 3 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 4 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 5 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 6 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 7 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 8 -LRB097 06601 NHT 46686 b

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    (g) In order to student teach in the public schools, a
22person is required to authorize a fingerprint-based criminal
23history records check and checks of the Statewide Sex Offender
24Database and Statewide Child Murderer and Violent Offender
25Against Youth Database prior to participating in any field
26experiences in the public schools. Authorization for and

 

 

HB1240 Engrossed- 9 -LRB097 06601 NHT 46686 b

1payment of the costs of the checks must be furnished by the
2student teacher. Results of the checks must be furnished to the
3higher education institution where the student teacher is
4enrolled and the superintendent of the school district where
5the student is assigned.
6    (h) Upon request of a school, school district, community
7college district, or private school, any information obtained
8by a school district pursuant to subsection (f) of this Section
9within the last year must be made available to that school,
10school district, community college district, or private
11school.
12(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1396-1452, eff. 8-20-10; 96-1489, eff. 1-1-11; revised 1-4-11.)
 
14    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
15    Sec. 34-18.5. Criminal history records checks and checks of
16the Statewide Sex Offender Database and Statewide Child
17Murderer and Violent Offender Against Youth Database.
18    (a) Certified and noncertified applicants for employment
19with the school district are required as a condition of
20employment to authorize a fingerprint-based criminal history
21records check to determine if such applicants have been
22convicted of any of the enumerated criminal or drug offenses in
23subsection (c) of this Section or have been convicted, within 7
24years of the application for employment with the school
25district, of any other felony under the laws of this State or

 

 

HB1240 Engrossed- 10 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 11 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 12 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 13 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 14 -LRB097 06601 NHT 46686 b

1support personnel employee or may initiate its own criminal
2history records check of the applicant through the Department
3of State Police and its own check of the Statewide Sex Offender
4Database as provided in subsection (a). Any person who releases
5any confidential information concerning any criminal
6convictions of an applicant for employment shall be guilty of a
7Class A misdemeanor, unless the release of such information is
8authorized by this Section.
9    (c) The board of education shall not knowingly employ a
10person who has been convicted of any offense that would subject
11him or her to certification suspension or revocation pursuant
12to Section 21-23a of this Code. Further, the board of education
13shall not knowingly employ a person who has been found to be
14the perpetrator of sexual or physical abuse of any minor under
1518 years of age pursuant to proceedings under Article II of the
16Juvenile Court Act of 1987.
17    (d) The board of education shall not knowingly employ a
18person for whom a criminal history records check and a
19Statewide Sex Offender Database check has not been initiated.
20    (e) Upon receipt of the record of a conviction of or a
21finding of child abuse by a holder of any certificate issued
22pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
23Code, the State Superintendent of Education may initiate
24certificate suspension and revocation proceedings as
25authorized by law.
26    (e-5) The general superintendent of schools shall, in

 

 

HB1240 Engrossed- 15 -LRB097 06601 NHT 46686 b

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

 

 

HB1240 Engrossed- 16 -LRB097 06601 NHT 46686 b

1otherwise might result by reason of such action.
2    (f) After March 19, 1990, the provisions of this Section
3shall apply to all employees of persons or firms holding
4contracts with any school district including, but not limited
5to, food service workers, school bus drivers and other
6transportation employees, who have direct, daily contact with
7the pupils of any school in such district. For purposes of
8criminal history records checks and checks of the Statewide Sex
9Offender Database on employees of persons or firms holding
10contracts with more than one school district and assigned to
11more than one school district, the regional superintendent of
12the educational service region in which the contracting school
13districts are located may, at the request of any such school
14district, be responsible for receiving the authorization for a
15criminal history records check prepared by each such employee
16and submitting the same to the Department of State Police and
17for conducting a check of the Statewide Sex Offender Database
18for each employee. Any information concerning the record of
19conviction and identification as a sex offender of any such
20employee obtained by the regional superintendent shall be
21promptly reported to the president of the appropriate school
22board or school boards.
23    (g) In order to student teach in the public schools, a
24person is required to authorize a fingerprint-based criminal
25history records check and checks of the Statewide Sex Offender
26Database and Statewide Child Murderer and Violent Offender

 

 

HB1240 Engrossed- 17 -LRB097 06601 NHT 46686 b

1Against Youth Database prior to participating in any field
2experiences in the public schools. Authorization for and
3payment of the costs of the checks must be furnished by the
4student teacher. Results of the checks must be furnished to the
5higher education institution where the student teacher is
6enrolled and the general superintendent of schools.
7    (h) Upon request of a school, school district, community
8college district, or private school, any information obtained
9by the school district pursuant to subsection (f) of this
10Section within the last year must be made available to that
11school, school district, community college district, or
12private school.
13(Source: P.A. 95-331, eff. 8-21-07; 96-431, eff. 8-13-09;
1496-1452, eff. 8-20-10.)