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| [ Engrossed ] | [ House Amendment 002 ] |
91_HB2902
LRB9108904NTsbA
1 AN ACT to amend the School Code by changing Sections
2 10-21.9 and 34-18.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 10-21.9 and 34-18.5 as follows:
7 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
8 Sec. 10-21.9. Criminal background investigations.
9 (a) After August 1, 1985, certified and noncertified
10 applicants for employment with a school district, except
11 school bus driver applicants, are required as a condition of
12 employment to authorize an investigation to determine if such
13 applicants have been convicted of a felony or Class A
14 misdemeanor under the laws of this State or have been
15 convicted of any offense committed or attempted in any other
16 State or against the laws of the United States, which, if
17 committed or attempted in this State, would have been
18 punishable as a felony or a Class A misdemeanor any of the
19 enumerated criminal or drug offenses in subsection (c) of
20 this Section. Authorization for the investigation shall be
21 furnished by the applicant to the school district, except
22 that if the applicant is a substitute teacher seeking
23 employment in more than one school district, a teacher
24 seeking concurrent part-time employment positions with more
25 than one school district (as a reading specialist, special
26 education teacher or otherwise), or an educational support
27 personnel employee seeking employment positions with more
28 than one district, any such district may require the
29 applicant to furnish authorization for the investigation to
30 the regional superintendent of the educational service region
31 in which are located the school districts in which the
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1 applicant is seeking employment as a substitute or concurrent
2 part-time teacher or concurrent educational support personnel
3 employee. Upon receipt of this authorization, the school
4 district or the appropriate regional superintendent, as the
5 case may be, shall submit the applicant's name, sex, race,
6 date of birth and social security number to the Department of
7 State Police on forms prescribed by the Department. The
8 regional superintendent submitting the requisite information
9 to the Department of State Police shall promptly notify the
10 school districts in which the applicant is seeking employment
11 as a substitute or concurrent part-time teacher or concurrent
12 educational support personnel employee that the investigation
13 of the applicant has been requested. The Department of State
14 Police shall conduct an investigation to ascertain if the
15 applicant being considered for employment has been convicted
16 of any of the offenses described in this subsection (a)
17 enumerated criminal or drug offenses in subsection (c). The
18 Department shall charge the school district or the
19 appropriate regional superintendent a fee for conducting such
20 investigation, which fee shall be deposited in the State
21 Police Services Fund and shall not exceed the cost of the
22 inquiry; and the applicant shall not be charged a fee for
23 such investigation by the school district or by the regional
24 superintendent. The regional superintendent may seek
25 reimbursement from the State Board of Education or the
26 appropriate school district or districts for fees paid by the
27 regional superintendent to the Department for the criminal
28 background investigations required by this Section.
29 (b) The Department shall furnish, pursuant to positive
30 identification, records of convictions, until expunged, to
31 the president of the school board for the school district
32 which requested the investigation, or to the regional
33 superintendent who requested the investigation. Any
34 information concerning the record of convictions obtained by
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1 the president of the school board or the regional
2 superintendent shall be confidential and may only be
3 transmitted to the superintendent of the school district or
4 his designee, the appropriate regional superintendent if the
5 investigation was requested by the school district, the
6 presidents of the appropriate school boards if the
7 investigation was requested from the Department of State
8 Police by the regional superintendent, the State
9 Superintendent of Education, the State Teacher Certification
10 Board or any other person necessary to the decision of hiring
11 the applicant for employment. A copy of the record of
12 convictions obtained from the Department of State Police
13 shall be provided to the applicant for employment. If an
14 investigation of an applicant for employment as a substitute
15 or concurrent part-time teacher or concurrent educational
16 support personnel employee in more than one school district
17 was requested by the regional superintendent, and the
18 Department of State Police upon investigation ascertains that
19 the applicant has not been convicted of any of the offenses
20 described in subsection (a) enumerated criminal or drug
21 offenses in subsection (c) and so notifies the regional
22 superintendent, then the regional superintendent shall issue
23 to the applicant a certificate evidencing that as of the date
24 specified by the Department of State Police the applicant has
25 not been convicted of any of the offenses described in
26 subsection (a) enumerated criminal or drug offenses in
27 subsection (c). The school board of any school district
28 located in the educational service region served by the
29 regional superintendent who issues such a certificate to an
30 applicant for employment as a substitute teacher in more than
31 one such district may rely on the certificate issued by the
32 regional superintendent to that applicant, or may initiate
33 its own investigation of the applicant through the Department
34 of State Police as provided in subsection (a). Any person who
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1 releases any confidential information concerning any criminal
2 convictions of an applicant for employment shall be guilty of
3 a Class A misdemeanor, unless the release of such information
4 is authorized by this Section.
5 (c) No school board shall knowingly employ a person who
6 has been convicted for committing attempted first degree
7 murder or for committing or attempting to commit first degree
8 murder or a Class X felony or any one or more of the
9 following offenses: (i) those defined in Sections 11-6, 11-9,
10 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1,
11 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15
12 and 12-16 of the "Criminal Code of 1961"; (ii) those defined
13 in the "Cannabis Control Act" except those defined in
14 Sections 4(a), 4(b) and 5(a) of that Act; (iii) those defined
15 in the "Illinois Controlled Substances Act"; and (iv) any
16 offense committed or attempted in any other state or against
17 the laws of the United States, which if committed or
18 attempted in this State, would have been punishable as one or
19 more of the foregoing offenses. Further, no school board
20 shall knowingly employ a person who has been found to be the
21 perpetrator of sexual or physical abuse of any minor under 18
22 years of age pursuant to proceedings under Article II of the
23 Juvenile Court Act of 1987.
24 (d) No school board shall knowingly employ a person for
25 whom a criminal background investigation has not been
26 initiated.
27 (e) Upon receipt of the record of a conviction of or a
28 finding of child abuse by a holder of any certificate issued
29 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
30 School Code, the appropriate regional superintendent of
31 schools or the State Superintendent of Education shall
32 initiate the certificate suspension and revocation
33 proceedings authorized by law.
34 (f) After January 1, 1990 the provisions of this Section
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1 shall apply to all employees of persons or firms holding
2 contracts with any school district including, but not limited
3 to, food service workers, school bus drivers and other
4 transportation employees, who have direct, daily contact with
5 the pupils of any school in such district. For purposes of
6 criminal background investigations on employees of persons or
7 firms holding contracts with more than one school district
8 and assigned to more than one school district, the regional
9 superintendent of the educational service region in which the
10 contracting school districts are located may, at the request
11 of any such school district, be responsible for receiving the
12 authorization for investigation prepared by each such
13 employee and submitting the same to the Department of State
14 Police. Any information concerning the record of conviction
15 of any such employee obtained by the regional superintendent
16 shall be promptly reported to the president of the
17 appropriate school board or school boards.
18 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
19 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
20 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
21 Sec. 34-18.5. Criminal background investigations.
22 (a) After August 1, 1985, certified and noncertified
23 applicants for employment with the school district are
24 required as a condition of employment to authorize an
25 investigation to determine if such applicants have been
26 convicted of a felony or Class A misdemeanor under the laws
27 of this State or have been convicted of any offense committed
28 or attempted in any other State or against the laws of the
29 United States, which, if committed or attempted in this
30 State, would have been punishable as a felony or a Class A
31 misdemeanor any of the enumerated criminal or drug offenses
32 in subsection (c) of this Section. Authorization for the
33 investigation shall be furnished by the applicant to the
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1 school district, except that if the applicant is a substitute
2 teacher seeking employment in more than one school district,
3 or a teacher seeking concurrent part-time employment
4 positions with more than one school district (as a reading
5 specialist, special education teacher or otherwise), or an
6 educational support personnel employee seeking employment
7 positions with more than one district, any such district may
8 require the applicant to furnish authorization for the
9 investigation to the regional superintendent of the
10 educational service region in which are located the school
11 districts in which the applicant is seeking employment as a
12 substitute or concurrent part-time teacher or concurrent
13 educational support personnel employee. Upon receipt of this
14 authorization, the school district or the appropriate
15 regional superintendent, as the case may be, shall submit the
16 applicant's name, sex, race, date of birth and social
17 security number to the Department of State Police on forms
18 prescribed by the Department. The regional superintendent
19 submitting the requisite information to the Department of
20 State Police shall promptly notify the school districts in
21 which the applicant is seeking employment as a substitute or
22 concurrent part-time teacher or concurrent educational
23 support personnel employee that the investigation of the
24 applicant has been requested. The Department of State Police
25 shall conduct an investigation to ascertain if the applicant
26 being considered for employment has been convicted of any of
27 the offenses described in this subsection (a) enumerated
28 criminal or drug offenses in subsection (c). The Department
29 shall charge the school district or the appropriate regional
30 superintendent a fee for conducting such investigation, which
31 fee shall be deposited in the State Police Services Fund and
32 shall not exceed the cost of the inquiry; and the applicant
33 shall not be charged a fee for such investigation by the
34 school district or by the regional superintendent. The
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1 regional superintendent may seek reimbursement from the State
2 Board of Education or the appropriate school district or
3 districts for fees paid by the regional superintendent to the
4 Department for the criminal background investigations
5 required by this Section.
6 (b) The Department shall furnish, pursuant to positive
7 identification, records of convictions, until expunged, to
8 the president of the board of education for the school
9 district which requested the investigation, or to the
10 regional superintendent who requested the investigation. Any
11 information concerning the record of convictions obtained by
12 the president of the board of education or the regional
13 superintendent shall be confidential and may only be
14 transmitted to the general superintendent of the school
15 district or his designee, the appropriate regional
16 superintendent if the investigation was requested by the
17 board of education for the school district, the presidents of
18 the appropriate board of education or school boards if the
19 investigation was requested from the Department of State
20 Police by the regional superintendent, the State
21 Superintendent of Education, the State Teacher Certification
22 Board or any other person necessary to the decision of hiring
23 the applicant for employment. A copy of the record of
24 convictions obtained from the Department of State Police
25 shall be provided to the applicant for employment. If an
26 investigation of an applicant for employment as a substitute
27 or concurrent part-time teacher or concurrent educational
28 support personnel employee in more than one school district
29 was requested by the regional superintendent, and the
30 Department of State Police upon investigation ascertains that
31 the applicant has not been convicted of any of the offenses
32 described in subsection (a) enumerated criminal or drug
33 offenses in subsection (c) and so notifies the regional
34 superintendent, then the regional superintendent shall issue
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1 to the applicant a certificate evidencing that as of the date
2 specified by the Department of State Police the applicant has
3 not been convicted of any of the offenses described in
4 subsection (a) enumerated criminal or drug offenses in
5 subsection (c). The school board of any school district
6 located in the educational service region served by the
7 regional superintendent who issues such a certificate to an
8 applicant for employment as a substitute or concurrent
9 part-time teacher or concurrent educational support personnel
10 employee in more than one such district may rely on the
11 certificate issued by the regional superintendent to that
12 applicant, or may initiate its own investigation of the
13 applicant through the Department of State Police as provided
14 in subsection (a). Any person who releases any confidential
15 information concerning any criminal convictions of an
16 applicant for employment shall be guilty of a Class A
17 misdemeanor, unless the release of such information is
18 authorized by this Section.
19 (c) The board of education shall not knowingly employ a
20 person who has been convicted for committing attempted first
21 degree murder or for committing or attempting to commit first
22 degree murder or a Class X felony or any one or more of the
23 following offenses: (i) those defined in Sections 11-6,
24 11-9, 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
25 11-19.1, 11-19.2, 11-20, 11-20.1, 11-21, 12-13, 12-14,
26 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961; (ii)
27 those defined in the Cannabis Control Act, except those
28 defined in Sections 4(a), 4(b) and 5(a) of that Act; (iii)
29 those defined in the Illinois Controlled Substances Act; and
30 (iv) any offense committed or attempted in any other state or
31 against the laws of the United States, which if committed or
32 attempted in this State, would have been punishable as one or
33 more of the foregoing offenses. Further, the board of
34 education shall not knowingly employ a person who has been
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1 found to be the perpetrator of sexual or physical abuse of
2 any minor under 18 years of age pursuant to proceedings under
3 Article II of the Juvenile Court Act of 1987.
4 (d) The board of education shall not knowingly employ a
5 person for whom a criminal background investigation has not
6 been initiated.
7 (e) Upon receipt of the record of a conviction of or a
8 finding of child abuse by a holder of any certificate issued
9 pursuant to Article 21 or Section 34-8.1 or 34-83 of the
10 School Code, the board of education or the State
11 Superintendent of Education shall initiate the certificate
12 suspension and revocation proceedings authorized by law.
13 (f) After March 19, 1990, the provisions of this Section
14 shall apply to all employees of persons or firms holding
15 contracts with any school district including, but not limited
16 to, food service workers, school bus drivers and other
17 transportation employees, who have direct, daily contact with
18 the pupils of any school in such district. For purposes of
19 criminal background investigations on employees of persons or
20 firms holding contracts with more than one school district
21 and assigned to more than one school district, the regional
22 superintendent of the educational service region in which the
23 contracting school districts are located may, at the request
24 of any such school district, be responsible for receiving the
25 authorization for investigation prepared by each such
26 employee and submitting the same to the Department of State
27 Police. Any information concerning the record of conviction
28 of any such employee obtained by the regional superintendent
29 shall be promptly reported to the president of the
30 appropriate school board or school boards.
31 (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
32 89-610, eff. 8-6-96; 90-566, eff. 1-2-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.