HB4316 EnrolledLRB102 20411 CMG 29271 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, 21B-75, 26A-30, 27A-5, and 34-18.5 and by adding
6Sections 22-85.10 and 22-94 as follows:
 
7    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
8    Sec. 10-21.9. Criminal history records checks and checks
9of the Statewide Sex Offender Database and Statewide Murderer
10and Violent Offender Against Youth Database.
11    (a) Licensed and nonlicensed applicants for employment
12with a school district, except school bus driver applicants,
13are required as a condition of employment to authorize a
14fingerprint-based criminal history records check to determine
15if such applicants have been convicted of any disqualifying,
16enumerated criminal or drug offenses in subsection (c) of this
17Section or have been convicted, within 7 years of the
18application for employment with the school district, of any
19other felony under the laws of this State or of any offense
20committed or attempted in any other state or against the laws
21of the United States that, if committed or attempted in this
22State, would have been punishable as a felony under the laws of
23this State. Authorization for the check shall be furnished by

 

 

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

 

 

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

 

 

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1Offender Against Youth Database, as authorized by the Murderer
2and Violent Offender Against Youth Community Notification Law,
3for each applicant. The check of the Murderer and Violent
4Offender Against Youth Database must be conducted by the
5school district or regional superintendent once for every 5
6years that an applicant remains employed by the school
7district.
8    (b) Any information concerning the record of convictions
9obtained by the president of the school board or the regional
10superintendent shall be confidential and may only be
11transmitted to the superintendent of the school district or
12his designee, the appropriate regional superintendent if the
13check was requested by the school district, the presidents of
14the appropriate school boards if the check was requested from
15the Illinois State Police by the regional superintendent, the
16State Board of Education and a school district as authorized
17under subsection (b-5), the State Superintendent of Education,
18the State Educator Preparation and Licensure Board, any other
19person necessary to the decision of hiring the applicant for
20employment, or for clarification purposes the Illinois State
21Police or Statewide Sex Offender Database, or both. A copy of
22the record of convictions obtained from the Illinois State
23Police shall be provided to the applicant for employment. Upon
24the check of the Statewide Sex Offender Database or Statewide
25Murderer and Violent Offender Against Youth Database, the
26school district or regional superintendent shall notify an

 

 

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1applicant as to whether or not the applicant has been
2identified in the Database. If a check of an applicant for
3employment as a substitute or concurrent part-time teacher or
4concurrent educational support personnel employee in more than
5one school district was requested by the regional
6superintendent, and the Illinois State Police upon a check
7ascertains that the applicant has not been convicted of any of
8the enumerated criminal or drug offenses in subsection (c) of
9this Section or has not been convicted, within 7 years of the
10application for employment with the school district, of any
11other felony under the laws of this State or of any offense
12committed or attempted in any other state or against the laws
13of the United States that, if committed or attempted in this
14State, would have been punishable as a felony under the laws of
15this State and so notifies the regional superintendent and if
16the regional superintendent upon a check ascertains that the
17applicant has not been identified in the Sex Offender Database
18or Statewide Murderer and Violent Offender Against Youth
19Database, then the regional superintendent shall issue to the
20applicant a certificate evidencing that as of the date
21specified by the Illinois State Police the applicant has not
22been convicted of any of the enumerated criminal or drug
23offenses in subsection (c) of this Section or has not been
24convicted, within 7 years of the application for employment
25with the school district, of any other felony under the laws of
26this State or of any offense committed or attempted in any

 

 

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1other state or against the laws of the United States that, if
2committed or attempted in this State, would have been
3punishable as a felony under the laws of this State and
4evidencing that as of the date that the regional
5superintendent conducted a check of the Statewide Sex Offender
6Database or Statewide Murderer and Violent Offender Against
7Youth Database, the applicant has not been identified in the
8Database. The school board of any school district may rely on
9the certificate issued by any regional superintendent to that
10substitute teacher, concurrent part-time teacher, or
11concurrent educational support personnel employee or may
12initiate its own criminal history records check of the
13applicant through the Illinois State Police and its own check
14of the Statewide Sex Offender Database or Statewide Murderer
15and Violent Offender Against Youth Database as provided in
16this Section. Any unauthorized release of confidential
17information may be a violation of Section 7 of the Criminal
18Identification Act.
19    (b-5) If a criminal history records check or check of the
20Statewide Sex Offender Database or Statewide Murderer and
21Violent Offender Against Youth Database is performed by a
22regional superintendent for an applicant seeking employment as
23a substitute teacher with a school district, the regional
24superintendent may disclose to the State Board of Education
25whether the applicant has been issued a certificate under
26subsection (b) based on those checks. If the State Board

 

 

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1receives information on an applicant under this subsection,
2then it must indicate in the Educator Licensure Information
3System for a 90-day period that the applicant has been issued
4or has not been issued a certificate.
5    (c) No school board shall knowingly employ a person who
6has been convicted of any offense that would subject him or her
7to license suspension or revocation pursuant to Section 21B-80
8of this Code, except as provided under subsection (b) of
9Section 21B-80. Further, no school board shall knowingly
10employ a person who has been found to be the perpetrator of
11sexual or physical abuse of any minor under 18 years of age
12pursuant to proceedings under Article II of the Juvenile Court
13Act of 1987. As a condition of employment, each school board
14must consider the status of a person who has been issued an
15indicated finding of abuse or neglect of a child by the
16Department of Children and Family Services under the Abused
17and Neglected Child Reporting Act or by a child welfare agency
18of another jurisdiction.
19    (d) No school board shall knowingly employ a person for
20whom a criminal history records check and a Statewide Sex
21Offender Database check have not been initiated.
22    (e) Within 10 days after a superintendent, regional office
23of education, or entity that provides background checks of
24license holders to public schools receives information of a
25pending criminal charge against a license holder for an
26offense set forth in Section 21B-80 of this Code, the

 

 

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1superintendent, regional office of education, or entity must
2notify the State Superintendent of Education of the pending
3criminal charge.
4    If permissible by federal or State law, no later than 15
5business days after receipt of a record of conviction or of
6checking the Statewide Murderer and Violent Offender Against
7Youth Database or the Statewide Sex Offender Database and
8finding a registration, the superintendent of the employing
9school board or the applicable regional superintendent shall,
10in writing, notify the State Superintendent of Education of
11any license holder who has been convicted of a crime set forth
12in Section 21B-80 of this Code. Upon receipt of the record of a
13conviction of or a finding of child abuse by a holder of any
14license issued pursuant to Article 21B or Section 34-8.1 or
1534-83 of the School Code, the State Superintendent of
16Education may initiate licensure suspension and revocation
17proceedings as authorized by law. If the receipt of the record
18of conviction or finding of child abuse is received within 6
19months after the initial grant of or renewal of a license, the
20State Superintendent of Education may rescind the license
21holder's license.
22    (e-5) The superintendent of the employing school board
23shall, in writing, notify the State Superintendent of
24Education and the applicable regional superintendent of
25schools of any license holder whom he or she has reasonable
26cause to believe has committed (i) an intentional act of abuse

 

 

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1or neglect with the result of making a child an abused child or
2a neglected child, as defined in Section 3 of the Abused and
3Neglected Child Reporting Act, or (ii) an act of sexual
4misconduct, as defined in Section 22-85.5 of this Code, and
5that act resulted in the license holder's dismissal or
6resignation from the school district. This notification must
7be submitted within 30 days after the dismissal or resignation
8and must include the Illinois Educator Identification Number
9(IEIN) of the license holder and a brief description of the
10misconduct alleged. The license holder must also be
11contemporaneously sent a copy of the notice by the
12superintendent. All correspondence, documentation, and other
13information so received by the regional superintendent of
14schools, the State Superintendent of Education, the State
15Board of Education, or the State Educator Preparation and
16Licensure Board under this subsection (e-5) is confidential
17and must not be disclosed to third parties, except (i) as
18necessary for the State Superintendent of Education or his or
19her designee to investigate and prosecute pursuant to Article
2021B of this Code, (ii) pursuant to a court order, (iii) for
21disclosure to the license holder or his or her representative,
22or (iv) as otherwise provided in this Article and provided
23that any such information admitted into evidence in a hearing
24is exempt from this confidentiality and non-disclosure
25requirement. Except for an act of willful or wanton
26misconduct, any superintendent who provides notification as

 

 

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

 

 

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1subsection (f) of this Section within the last year must be
2made available to the requesting school or school district.
3    (g) Prior to the commencement of any student teaching
4experience or required internship (which is referred to as
5student teaching in this Section) in the public schools, a
6student teacher is required to authorize a fingerprint-based
7criminal history records check. Authorization for and payment
8of the costs of the check must be furnished by the student
9teacher to the school district where the student teaching is
10to be completed. Upon receipt of this authorization and
11payment, the school district shall submit the student
12teacher's name, sex, race, date of birth, social security
13number, fingerprint images, and other identifiers, as
14prescribed by the Illinois State Police, to the Illinois State
15Police. The Illinois State Police and the Federal Bureau of
16Investigation shall furnish, pursuant to a fingerprint-based
17criminal history records check, records of convictions,
18forever and hereinafter, until expunged, to the president of
19the school board for the school district that requested the
20check. The Illinois State Police shall charge the school
21district a fee for conducting the check, which fee must not
22exceed the cost of the inquiry and must be deposited into the
23State Police Services Fund. The school district shall further
24perform a check of the Statewide Sex Offender Database, as
25authorized by the Sex Offender Community Notification Law, and
26of the Statewide Murderer and Violent Offender Against Youth

 

 

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1Database, as authorized by the Murderer and Violent Offender
2Against Youth Registration Act, for each student teacher. No
3school board may knowingly allow a person to student teach for
4whom a criminal history records check, a Statewide Sex
5Offender Database check, and a Statewide Murderer and Violent
6Offender Against Youth Database check have not been completed
7and reviewed by the district.
8    A copy of the record of convictions obtained from the
9Illinois State Police must be provided to the student teacher.
10Any information concerning the record of convictions obtained
11by the president of the school board is confidential and may
12only be transmitted to the superintendent of the school
13district or his or her designee, the State Superintendent of
14Education, the State Educator Preparation and Licensure Board,
15or, for clarification purposes, the Illinois State Police or
16the Statewide Sex Offender Database or Statewide Murderer and
17Violent Offender Against Youth Database. Any unauthorized
18release of confidential information may be a violation of
19Section 7 of the Criminal Identification Act.
20    No school board shall knowingly allow a person to student
21teach who has been convicted of any offense that would subject
22him or her to license suspension or revocation pursuant to
23subsection (c) of Section 21B-80 of this Code, except as
24provided under subsection (b) of Section 21B-80. Further, no
25school board shall allow a person to student teach if he or she
26has been found to be the perpetrator of sexual or physical

 

 

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1abuse of a minor under 18 years of age pursuant to proceedings
2under Article II of the Juvenile Court Act of 1987. Each school
3board must consider the status of a person to student teach who
4has been issued an indicated finding of abuse or neglect of a
5child by the Department of Children and Family Services under
6the Abused and Neglected Child Reporting Act or by a child
7welfare agency of another jurisdiction.
8    (h) (Blank).
9(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
10101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
111-1-22; revised 10-6-21.)
 
12    (105 ILCS 5/21B-75)
13    Sec. 21B-75. Suspension or revocation of license,
14endorsement, or approval.
15    (a) As used in this Section, "teacher" means any school
16district employee regularly required to be licensed, as
17provided in this Article, in order to teach or supervise in the
18public schools.
19    (b) The State Superintendent of Education has the
20exclusive authority, in accordance with this Section and any
21rules adopted by the State Board of Education, in consultation
22with the State Educator Preparation and Licensure Board, to
23initiate the suspension of up to 5 calendar years or
24revocation of any license, endorsement, or approval issued
25pursuant to this Article for abuse or neglect of a child,

 

 

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1sexual misconduct as defined in subsection (c) of Section
222-85.5 of this Code, immorality, a condition of health
3detrimental to the welfare of pupils, incompetency,
4unprofessional conduct (which includes the failure to disclose
5on an employment application any previous conviction for a sex
6offense, as defined in Section 21B-80 of this Code, or any
7other offense committed in any other state or against the laws
8of the United States that, if committed in this State, would be
9punishable as a sex offense, as defined in Section 21B-80 of
10this Code), the neglect of any professional duty, willful or
11negligent failure to report an instance of suspected child
12abuse or neglect as required by the Abused and Neglected Child
13Reporting Act, or other just cause. Negligent failure to
14report an instance of suspected child abuse or neglect occurs
15when a teacher personally observes an instance of suspected
16child abuse or neglect and reasonably believes, in his or her
17professional or official capacity, that the instance
18constitutes an act of child abuse or neglect under the Abused
19and Neglected Child Reporting Act, and he or she, without
20willful intent, fails to immediately report or cause a report
21to be made of the suspected abuse or neglect to the Department
22of Children and Family Services, as required by the Abused and
23Neglected Child Reporting Act. Unprofessional conduct shall
24include the refusal to attend or participate in institutes,
25teachers' meetings, or professional readings or to meet other
26reasonable requirements of the regional superintendent of

 

 

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1schools or State Superintendent of Education. Unprofessional
2conduct also includes conduct that violates the standards,
3ethics, or rules applicable to the security, administration,
4monitoring, or scoring of or the reporting of scores from any
5assessment test or examination administered under Section
62-3.64a-5 of this Code or that is known or intended to produce
7or report manipulated or artificial, rather than actual,
8assessment or achievement results or gains from the
9administration of those tests or examinations. Unprofessional
10conduct shall also include neglect or unnecessary delay in the
11making of statistical and other reports required by school
12officers. Incompetency shall include, without limitation, 2 or
13more school terms of service for which the license holder has
14received an unsatisfactory rating on a performance evaluation
15conducted pursuant to Article 24A of this Code within a period
16of 7 school terms of service. In determining whether to
17initiate action against one or more licenses based on
18incompetency and the recommended sanction for such action, the
19State Superintendent shall consider factors that include
20without limitation all of the following:
21        (1) Whether the unsatisfactory evaluation ratings
22    occurred prior to June 13, 2011 (the effective date of
23    Public Act 97-8).
24        (2) Whether the unsatisfactory evaluation ratings
25    occurred prior to or after the implementation date, as
26    defined in Section 24A-2.5 of this Code, of an evaluation

 

 

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1    system for teachers in a school district.
2        (3) Whether the evaluator or evaluators who performed
3    an unsatisfactory evaluation met the pre-licensure and
4    training requirements set forth in Section 24A-3 of this
5    Code.
6        (4) The time between the unsatisfactory evaluation
7    ratings.
8        (5) The quality of the remediation plans associated
9    with the unsatisfactory evaluation ratings and whether the
10    license holder successfully completed the remediation
11    plans.
12        (6) Whether the unsatisfactory evaluation ratings were
13    related to the same or different assignments performed by
14    the license holder.
15        (7) Whether one or more of the unsatisfactory
16    evaluation ratings occurred in the first year of a
17    teaching or administrative assignment.
18When initiating an action against one or more licenses, the
19State Superintendent may seek required professional
20development as a sanction in lieu of or in addition to
21suspension or revocation. Any such required professional
22development must be at the expense of the license holder, who
23may use, if available and applicable to the requirements
24established by administrative or court order, training,
25coursework, or other professional development funds in
26accordance with the terms of an applicable collective

 

 

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1bargaining agreement entered into after June 13, 2011 (the
2effective date of Public Act 97-8), unless that agreement
3specifically precludes use of funds for such purpose.
4    (c) The State Superintendent of Education shall, upon
5receipt of evidence of abuse or neglect of a child,
6immorality, a condition of health detrimental to the welfare
7of pupils, incompetency (subject to subsection (b) of this
8Section), unprofessional conduct, the neglect of any
9professional duty, or other just cause, further investigate
10and, if and as appropriate, serve written notice to the
11individual and afford the individual opportunity for a hearing
12prior to suspension, revocation, or other sanction; provided
13that the State Superintendent is under no obligation to
14initiate such an investigation if the Department of Children
15and Family Services is investigating the same or substantially
16similar allegations and its child protective service unit has
17not made its determination, as required under Section 7.12 of
18the Abused and Neglected Child Reporting Act. If the State
19Superintendent of Education does not receive from an
20individual a request for a hearing within 10 days after the
21individual receives notice, the suspension, revocation, or
22other sanction shall immediately take effect in accordance
23with the notice. If a hearing is requested within 10 days after
24notice of an opportunity for hearing, it shall act as a stay of
25proceedings until the State Educator Preparation and Licensure
26Board issues a decision. Any hearing shall take place in the

 

 

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1educational service region where the educator is or was last
2employed and in accordance with rules adopted by the State
3Board of Education, in consultation with the State Educator
4Preparation and Licensure Board, and such rules shall include
5without limitation provisions for discovery and the sharing of
6information between parties prior to the hearing. The standard
7of proof for any administrative hearing held pursuant to this
8Section shall be by the preponderance of the evidence. The
9decision of the State Educator Preparation and Licensure Board
10is a final administrative decision and is subject to judicial
11review by appeal of either party.
12    The State Board of Education may refuse to issue or may
13suspend the license of any person who fails to file a return or
14to pay the tax, penalty, or interest shown in a filed return or
15to pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Department of
17Revenue, until such time as the requirements of any such tax
18Act are satisfied.
19    The exclusive authority of the State Superintendent of
20Education to initiate suspension or revocation of a license
21pursuant to this Section does not preclude a regional
22superintendent of schools from cooperating with the State
23Superintendent or a State's Attorney with respect to an
24investigation of alleged misconduct.
25    (d) The State Superintendent of Education or his or her
26designee may initiate and conduct such investigations as may

 

 

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1be reasonably necessary to establish the existence of any
2alleged misconduct. At any stage of the investigation, the
3State Superintendent may issue a subpoena requiring the
4attendance and testimony of a witness, including the license
5holder, and the production of any evidence, including files,
6records, correspondence, or documents, relating to any matter
7in question in the investigation. The subpoena shall require a
8witness to appear at the State Board of Education at a
9specified date and time and shall specify any evidence to be
10produced. The license holder is not entitled to be present,
11but the State Superintendent shall provide the license holder
12with a copy of any recorded testimony prior to a hearing under
13this Section. Such recorded testimony must not be used as
14evidence at a hearing, unless the license holder has adequate
15notice of the testimony and the opportunity to cross-examine
16the witness. Failure of a license holder to comply with a duly
17issued, investigatory subpoena may be grounds for revocation,
18suspension, or denial of a license.
19    (e) All correspondence, documentation, and other
20information so received by the regional superintendent of
21schools, the State Superintendent of Education, the State
22Board of Education, or the State Educator Preparation and
23Licensure Board under this Section is confidential and must
24not be disclosed to third parties, except (i) as necessary for
25the State Superintendent of Education or his or her designee
26to investigate and prosecute pursuant to this Article, (ii)

 

 

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1pursuant to a court order, (iii) for disclosure to the license
2holder or his or her representative, or (iv) as otherwise
3required in this Article and provided that any such
4information admitted into evidence in a hearing is exempt from
5this confidentiality and non-disclosure requirement.
6    (f) The State Superintendent of Education or a person
7designated by him or her shall have the power to administer
8oaths to witnesses at any hearing conducted before the State
9Educator Preparation and Licensure Board pursuant to this
10Section. The State Superintendent of Education or a person
11designated by him or her is authorized to subpoena and bring
12before the State Educator Preparation and Licensure Board any
13person in this State and to take testimony either orally or by
14deposition or by exhibit, with the same fees and mileage and in
15the same manner as prescribed by law in judicial proceedings
16in civil cases in circuit courts of this State.
17    (g) Any circuit court, upon the application of the State
18Superintendent of Education or the license holder, may, by
19order duly entered, require the attendance of witnesses and
20the production of relevant books and papers as part of any
21investigation or at any hearing the State Educator Preparation
22and Licensure Board is authorized to conduct pursuant to this
23Section, and the court may compel obedience to its orders by
24proceedings for contempt.
25    (h) The State Board of Education shall receive an annual
26line item appropriation to cover fees associated with the

 

 

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1investigation and prosecution of alleged educator misconduct
2and hearings related thereto.
3(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
 
4    (105 ILCS 5/22-85.10 new)
5    Sec. 22-85.10. Parental notification of sexual misconduct.
6    (a) The governing body of each school district, charter
7school, or nonpublic school shall implement a procedure under
8which notice is provided to the parents or guardians of an
9enrolled student, unless the student is at least 18 years of
10age or emancipated, with whom an employee, agent of the
11school, or a contractor of the school is alleged to have
12engaged in sexual misconduct as defined in subsection (c) of
13Section 22-85.5 of this Code. Notice provided to the parent or
14guardian of a student with a disability must not conflict with
15the student's individualized education plan or a Section 504
16plan under the federal Rehabilitation Act of 1973 and the
17requirements of applicable State or federal law. The procedure
18shall include:
19        (1) Consideration of the time frame for providing
20    notice to the student and the student's parents or
21    guardians if the alleged sexual misconduct is also being
22    investigated by the Illinois Department of Children and
23    Family Services or law enforcement as described in Section
24    22-85 of this Code.
25        (2) Prior to notification of the student's parents or

 

 

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1    guardians, notification must first be provided to the
2    student in a developmentally appropriate manner and
3    include:
4            (A) that notice will be given to the student's
5        parents or guardians;
6            (B) what information will be included in the
7        notice to the student's parents or guardians;
8            (C) available resources for the student within the
9        school and community in accordance with Article 26A of
10        this Code and available counseling services under
11        Section 3-550 of the Mental Health and Developmental
12        Disabilities Code; and
13            (D) beginning July 1, 2025, the name and contact
14        information for the domestic and sexual violence and
15        parenting resource coordinator under Section 26A-35 of
16        this Code.
17        (3) After notification of the student as required
18    under paragraph (2), the student's parents or guardians
19    shall be notified in writing:
20            (A) of the alleged misconduct; and
21            (B) of available resources for the student within
22        the school and the community in accordance with
23        Article 26A of this Code and, beginning on July 1,
24        2025, the name and contact information for the
25        domestic and sexual violence and parenting resource
26        coordinator under Section 26A-35 of this Code.

 

 

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1        (4) Notification must be provided as soon as feasible
2    after the employing entity becomes aware that alleged
3    misconduct may have occurred, subject to the requirements
4    of subsection (f) of Section 22-85 of this Code.
5    (b) The governing body of each school district, charter
6school, or nonpublic school shall implement a procedure under
7which notice is provided to the parents or guardians of a
8student, subject to subsection (a), when any formal action has
9been taken by the governing body relating to the employment of
10the alleged perpetrator following the investigation of sexual
11misconduct, including whether employment was terminated or
12whether the governing body accepted the resignation of the
13employee. Notice provided to the parents or guardians of a
14student with a disability must not conflict with the student's
15individualized education plan or a Section 504 plan under the
16federal Rehabilitation Act of 1973 and the requirements of
17applicable State or federal law. The procedure shall include:
18        (1) Consideration of the time frame for providing
19    notice to the student and the student's parents or
20    guardians if the alleged sexual misconduct is also being
21    investigated by the Illinois Department of Children and
22    Family Services or law enforcement as described in Section
23    22-85 of this Code.
24        (2) Prior to notification of the student's parents or
25    guardians, notification must first be provided to the
26    student in a developmentally appropriate manner and

 

 

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1    include:
2            (A) that notice will be given to the student's
3        parent or guardian of the governing body's action;
4            (B) what information will be included in the
5        notice to the student's parents or guardians;
6            (C) available resources for the student within the
7        school and community in accordance with Article 26A of
8        this Code and available counseling services under
9        Section 3-550 of the Mental Health and Developmental
10        Disabilities Code; and
11            (D) beginning July 1, 2025, the name and contact
12        information for the domestic and sexual violence and
13        parenting resource coordinator under Section 26A-35 of
14        this Code.
15        (3) After notification of the student as required in
16    paragraph (2), the student's parents or guardians shall be
17    notified in writing:
18            (A) of the governing body's action;
19            (B) whether a report concerning the alleged sexual
20        misconduct was or will be submitted to the State
21        Superintendent of Education and the applicable
22        regional superintendent of schools pursuant to Section
23        10-21.9 of this Code; and
24            (C) of available resources for the student within
25        the school and the community in accordance with
26        Article 26A of this Code and, beginning on July 1,

 

 

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1        2025, the name and contact information for the
2        domestic and sexual violence and parenting resource
3        coordinator under Section 26A-35 of this Code.
4        (4) Notification must be provided as soon as feasible
5    after the board action is taken, subject to the
6    requirements of subsection (f) of Section 22-85 of this
7    Code.
8        (5) For the purposes of subsection (b), if the student
9    is no longer enrolled at the time formal action is taken,
10    sending written notice to the last known address in the
11    student's file fulfills notification requirements.
12    (c) Notwithstanding any other provision of this Section,
13notification to the student prior to notification of the
14student's parents or guardians shall not be required to the
15extent an employee or agent of the school district, charter
16school, or nonpublic school deems it necessary to address an
17imminent risk of serious physical injury or death of a student
18or another person, including the victim. If prior notification
19to the student is not given, notification to the student shall
20be provided as soon as practicable and without delay following
21the notification to the student's parents or guardians.
22    (d) Subsections (a) and (b) shall not apply if the
23student's parent or guardian is the alleged perpetrator of the
24misconduct.
 
25    (105 ILCS 5/22-94 new)

 

 

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1    Sec. 22-94. Employment history review.
2    (a) This Section applies to all permanent and temporary
3positions for employment with a school or a contractor of a
4school involving direct contact with children or students.
5    (b) In this Section:
6    "Contractor" means firms holding contracts with any school
7including, but not limited to, food service workers, school
8bus drivers and other transportation employees, who have
9direct contact with children or students.
10    "Direct contact with children or students" means the
11possibility of care, supervision, guidance, or control of
12children or students or routine interaction with children or
13students.
14    "School" means a public or nonpublic elementary or
15secondary school.
16    "Sexual misconduct" has the meaning ascribed to it in
17subsection (c) of Section 22-85.5 of this Code.
18    (c) Prior to hiring an applicant to work directly with
19children or students, a school or contractor must ensure that
20the following criteria are met:
21        (1) the school or contractor has no knowledge or
22    information pertaining to the applicant that would
23    disqualify the applicant from employment;
24        (2) the applicant swears or affirms that the applicant
25    is not disqualified from employment;
26        (3) using the template developed by the State Board of

 

 

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1    Education, the applicant provides all of the following:
2            (A) a list, including the name, address, telephone
3        number, and other relevant contact information of the
4        following:
5                (i) the applicant's current employer;
6                (ii) all former employers of the applicant
7            that were schools or school contractors, as well
8            as all former employers at which the applicant had
9            direct contact with children or students;
10            (B) A written authorization that consents to and
11        authorizes disclosure by the applicant's current and
12        former employers under subparagraph (A) of this
13        paragraph (3) of the information requested under
14        paragraph (4) of this subsection (c) and the release
15        of related records and that releases those employers
16        from any liability that may arise from such disclosure
17        or release of records pursuant to subsection (e).
18            (C) A written statement of whether the applicant:
19                (i) has been the subject of a sexual
20            misconduct allegation, unless a subsequent
21            investigation resulted in a finding that the
22            allegation was false, unfounded, or
23            unsubstantiated;
24                (ii) has ever been discharged from, been asked
25            to resign from, resigned from, or otherwise been
26            separated from any employment, has ever been

 

 

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1            disciplined by an employer, or has ever had an
2            employment contract not renewed due to an
3            adjudication or finding of sexual misconduct or
4            while an allegation of sexual misconduct was
5            pending or under investigation, unless the
6            investigation resulted in a finding that the
7            allegation was false, unfounded, or
8            unsubstantiated; or
9                (iii) has ever had a license or certificate
10            suspended, surrendered, or revoked or had an
11            application for licensure, approval, or
12            endorsement denied due to an adjudication or
13            finding of sexual misconduct or while an
14            allegation of sexual misconduct was pending or
15            under investigation, unless the investigation
16            resulted in a finding that the allegation was
17            false, unfounded, or unsubstantiated.
18        (4) The school or contractor shall initiate a review
19    of the employment history of the applicant by contacting
20    those employers listed by the applicant under subparagraph
21    (A) of paragraph (3) of this subsection (c) and, using the
22    template developed by the State Board of Education,
23    request all of the following information:
24            (A) the dates of employment of the applicant;
25            (B) a statement as to whether the applicant:
26                (i) has been the subject of a sexual

 

 

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1            misconduct allegation, unless a subsequent
2            investigation resulted in a finding that the
3            allegation was false, unfounded, or
4            unsubstantiated;
5                (ii) was discharged from, was asked to resign
6            from, resigned from, or was otherwise separated
7            from any employment, was disciplined by the
8            employer, or had an employment contract not
9            renewed due to an adjudication or finding of
10            sexual misconduct or while an allegation of sexual
11            misconduct was pending or under investigation,
12            unless the investigation resulted in a finding
13            that the allegation was false, unfounded, or
14            unsubstantiated; or
15                (iii) has ever had a license or certificate
16            suspended, surrendered, or revoked due to an
17            adjudication or finding of sexual misconduct or
18            while an allegation of sexual misconduct was
19            pending or under investigation, unless the
20            investigation resulted in a finding that the
21            allegation was false, unfounded, or
22            unsubstantiated.
23            (C) The template shall include the following
24        option: if the employer does not have records or
25        evidence regarding the questions in items (i) through
26        (iii) of subparagraph (B) of paragraph (4) of

 

 

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1        subsection (c), the employer may state that there is
2        no knowledge of information pertaining to the
3        applicant that would disqualify the applicant from
4        employment.
5        (5) For applicants licensed by the State Board of
6    Education, the school district, charter school, or
7    nonpublic school shall verify the applicant's reported
8    previous employers with previous employers in the State
9    Board of Education's educator licensure database to ensure
10    accuracy.
11    (d) An applicant who provides false information or
12willfully fails to disclose information required in subsection
13(c) shall be subject to discipline, up to and including
14termination or denial of employment.
15    (e) No later than 20 days after receiving a request for
16information required under paragraph (4) of subsection (c), an
17employer who has or had an employment relationship with the
18applicant shall disclose the information requested. If the
19employer has an office of human resources or a central office,
20information shall be provided by that office. The employer who
21has or had an employment relationship with the applicant shall
22disclose the information on the template developed by the
23State Board of Education. For any affirmative response to
24items (i) through (iii) of subparagraph (B) of paragraph (4)
25or subsection (c), the employer who has or had an employment
26relationship with the applicant shall provide additional

 

 

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1information about the matters disclosed and all related
2records.
3    A school shall complete the template at time of separation
4from employment, or at the request of the employee, and
5maintain it as part of the employee's personnel file. If the
6school completes an investigation after an employee's
7separation from employment, the school shall update the
8information accordingly.
9    Information received under this Section shall not be
10deemed a public record.
11    A school or contractor who receives information under this
12subsection (e) may use the information for the purpose of
13evaluating an applicant's fitness to be hired or for continued
14employment and may report the information, as appropriate, to
15the State Board of Education, a State licensing agency, a law
16enforcement agency, a child protective services agency,
17another school or contractor, or a prospective employer.
18    An employer, school, school administrator, or contractor
19who provides information or records about a current or former
20employee or applicant under this Section is immune from
21criminal and civil liability for the disclosure of the
22information or records, unless the information or records
23provided were knowingly false. This immunity shall be in
24addition to and not a limitation on any other immunity
25provided by law or any absolute or conditional privileges
26applicable to the disclosure by virtue of the circumstances or

 

 

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1the applicant's consent to the disclosure and shall extent to
2any circumstances when the employer, school, school
3administrator, or contractor in good faith shares findings of
4sexual misconduct with another employer.
5    Unless the laws of another state prevent the release of
6the information or records requested or disclosure is
7restricted by the terms of a contract entered into prior to the
8effective date of this amendatory Act of the 102nd General
9Assembly, and notwithstanding any other provisions of law to
10the contrary, an employer, school, school administrator,
11contractor, or applicant shall report and disclose, in
12accordance with this Section, all relevant information,
13records, and documentation that may otherwise be confidential.
14    (f) A school or contractor may not hire an applicant who
15does not provide the information required under subsection (c)
16for a position involving direct contact with children or
17students.
18    (g) Beginning on the effective date of this amendatory Act
19of the 102nd General Assembly, a school or contractor may not
20enter into a collective bargaining agreement, an employment
21contract, an agreement for resignation or termination, a
22severance agreement, or any other contract or agreement or
23take any action that:
24        (1) has the effect of suppressing information
25    concerning a pending investigation or a completed
26    investigation in which an allegation was substantiated

 

 

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1    related to a report of suspected sexual misconduct by a
2    current or former employee;
3        (2) affects the ability of the school or contractor to
4    report suspected sexual misconduct to the appropriate
5    authorities; or
6        (3) requires the school or contractor to expunge
7    information about allegations or findings of suspected
8    sexual misconduct from any documents maintained by the
9    school or contractor, unless, after an investigation, an
10    allegation is found to be false, unfounded, or
11    unsubstantiated.
12    (h) Any provision of an employment contract or agreement
13for resignation or termination or a severance agreement that
14is executed, amended, or entered into on or after the
15effective date of this amendatory Act of the 102nd General
16Assembly and that is contrary to this Section is void and
17unenforceable.
18    (i) For substitute employees, all of the following apply:
19        (1) The employment history review required by this
20    Section is required only prior to the initial hiring of a
21    substitute employee or placement on a school's approved
22    substitute list and shall remain valid as long as the
23    substitute employee continues to be employed by the same
24    school or remains on the school's approved substitute
25    list.
26        (2) A substitute employee seeking to be added to

 

 

HB4316 Enrolled- 34 -LRB102 20411 CMG 29271 b

1    another school's substitute list shall undergo an
2    additional employment history review under this Section.
3    Except as otherwise provided in paragraph (3) of this
4    subsection (i) or in subsection (k), the appearance of a
5    substitute employee on one school's substitute list does
6    not relieve another school from compliance with this
7    Section.
8        (3) An employment history review conducted upon
9    initial hiring of a substitute employee by contractor or
10    any other entity that furnishes substitute staffing
11    services to schools shall satisfy the requirements of this
12    Section for all schools using the services of that
13    contractor or other entity.
14        (4) A contractor or any other entity furnishing
15    substitute staffing services to schools shall comply with
16    paragraphs (3) and (4) of subsection (j).
17    (j) For employees of contractors, all of the following
18apply:
19        (1) The employment history review required by this
20    Section shall be performed, either at the time of the
21    initial hiring of an employee or prior to the assignment
22    of an existing employee to perform work for a school in a
23    position involving direct contact with children or
24    students. The review shall remain valid as long as the
25    employee remains employed by the same contractor, even if
26    assigned to perform work for other schools.

 

 

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1        (2) A contractor shall maintain records documenting
2    employment history reviews for all employees as required
3    by this Section and, upon request, shall provide a school
4    for whom an employee is assigned to perform work access to
5    the records pertaining to that employee.
6        (3) Prior to assigning an employee to perform work for
7    a school in a position involving direct contact with
8    children or students, the contractor shall inform the
9    school of any instance known to the contractor in which
10    the employee:
11            (A) has been the subject of a sexual misconduct
12        allegation unless a subsequent investigation resulted
13        in a finding that the allegation was false, unfounded,
14        or unsubstantiated;
15            (B) has ever been discharged, been asked to resign
16        from, resigned from, or otherwise been separated from
17        any employment, been removed from a substitute list,
18        been disciplined by an employer, or had an employment
19        contract not renewed due to an adjudication or finding
20        of sexual misconduct or while an allegation of sexual
21        misconduct was pending or under investigation, unless
22        the investigation resulted in a finding that the
23        allegation was false, unfounded, or unsubstantiated;
24        or
25            (C) has ever had a license or certificate
26        suspended, surrendered, or revoked due to an

 

 

HB4316 Enrolled- 36 -LRB102 20411 CMG 29271 b

1        adjudication or finding of sexual misconduct or while
2        an allegation of sexual misconduct was pending or
3        under investigation, unless the investigation resulted
4        in a finding that the allegation was false, unfounded,
5        or unsubstantiated.
6        (4) The contractor may not assign an employee to
7    perform work for a school in a position involving direct
8    contact with children or students if the school objects to
9    the assignment after being informed of an instance listed
10    in paragraph (3).
11    (k) An applicant who has undergone an employment history
12review under this Section and seeks to transfer to or provide
13services to another school in the same school district,
14diocese, or religious jurisdiction, or to another school
15established and supervised by the same organization is not
16required to obtain additional reports under this Section
17before transferring.
18    (l) Nothing in this Section shall be construed:
19        (1) to prevent a prospective employer from conducting
20    further investigations of prospective employees or from
21    requiring applicants to provide additional background
22    information or authorizations beyond what is required
23    under this Section, nor to prevent a current or former
24    employer from disclosing more information than what is
25    required under this Section;
26        (2) to relieve a school, school employee, contractor

 

 

HB4316 Enrolled- 37 -LRB102 20411 CMG 29271 b

1    of the school, or agent of the school from any legal
2    responsibility to report sexual misconduct in accordance
3    with State and federal reporting requirements;
4        (3) to relieve a school, school employee, contractor
5    of the school, or agent of the school from any legal
6    responsibility to implement the provisions of Section 7926
7    of Chapter 20 of the United States Code; or
8        (4) to prohibit the right of the exclusive bargaining
9    representative under a collective bargaining agreement to
10    grieve and arbitrate the validity of an employee's
11    termination or discipline for just cause.
12    (m) The State Board of Education shall develop the
13templates required under paragraphs (3) and (4) of subsection
14(c).
 
15    (105 ILCS 5/26A-30)
16    (This Section may contain text from a Public Act with a
17delayed effective date)
18    Sec. 26A-30. Confidentiality.
19    (a) Each school district must adopt and ensure that it has
20and implements a policy to ensure that all information
21concerning a student's status and related experiences as a
22parent, expectant parent, or victim of domestic or sexual
23violence, or a student who is a named perpetrator of domestic
24or sexual violence, provided to or otherwise obtained by the
25school district or its employees or agents pursuant to this

 

 

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1Code or otherwise, including a statement of the student or any
2other documentation, record, or corroborating evidence that
3the student has requested or obtained assistance, support, or
4services pursuant to this Code, shall be retained in the
5strictest of confidence by the school district or its
6employees or agents and may not be disclosed to any other
7individual outside of the district, including any other
8employee, except if such disclosure is (i) permitted by the
9Illinois School Student Records Act, the federal Family
10Educational Rights and Privacy Act of 1974, or other
11applicable State or federal laws, or (ii) requested or
12consented to, in writing, by the student or the student's
13parent or guardian if it is safe to obtain written consent from
14the student's parent or guardian.
15    (b) Prior to disclosing information about a student's
16status as a parent, expectant parent, or victim of domestic or
17sexual violence, a school must notify the student and discuss
18and address any safety concerns related to the disclosure,
19including instances in which the student indicates or the
20school or school district or its employees or agents are
21otherwise aware that the student's health or safety may be at
22risk if his or her status is disclosed to the student's parent
23or guardian, except as otherwise permitted by applicable State
24or federal law, including the Abused and Neglected Child
25Reporting Act, the Illinois School Student Records Act, the
26federal Family Educational Rights and Privacy Act of 1974, and

 

 

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1professional ethics policies that govern professional school
2personnel.
3    (c) No student may be required to testify publicly
4concerning his or her status as a victim of domestic or sexual
5violence, allegations of domestic or sexual violence, his or
6her status as a parent or expectant parent, or the student's
7efforts to enforce any of his or her rights under provisions of
8this Code relating to students who are parents, expectant
9parents, or victims of domestic or sexual violence.
10    (d) In the case of domestic or sexual violence, except as
11permitted under State or federal law, or to the extent that a
12school official determines that the school official has an
13obligation to do so based on safety concerns or threats to the
14community, including the victim, a school district must not
15contact the person named to be the perpetrator, the
16perpetrator's family, or any other person named by the student
17or named by the student's parent or guardian to be unsafe to
18contact to verify the violence. A school district must not
19contact the perpetrator, the perpetrator's family, or any
20other person named by the student or the student's parent or
21guardian to be unsafe for any other reason without providing
22prior written notice to the student's parent or guardian.
23Nothing in this Section prohibits the school or school
24district from taking other steps to investigate the violence
25or from contacting persons not named by the student or the
26student's parent or guardian as unsafe to contact. Nothing in

 

 

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1this Section prohibits the school or school district from
2taking reasonable steps to protect students. If the reasonable
3steps taken to protect students involve conduct that is
4prohibited under this subsection, the school must provide
5notice to the reporting student, in writing and in a
6developmentally appropriate communication format, of its
7intent to contact the parties named to be unsafe.
8    (e) This Section shall not apply to notification of
9parents or guardians if the perpetrator of the alleged sexual
10misconduct is an employee, agent, or contractor of a school
11district, charter school, or nonpublic school with direct
12contact with children or students.
13(Source: P.A. 102-466, eff. 7-1-25.)
 
14    (105 ILCS 5/27A-5)
15    (Text of Section before amendment by P.A. 102-157 and P.A.
16102-466)
17    Sec. 27A-5. Charter school; legal entity; requirements.
18    (a) A charter school shall be a public, nonsectarian,
19nonreligious, non-home based, and non-profit school. A charter
20school shall be organized and operated as a nonprofit
21corporation or other discrete, legal, nonprofit entity
22authorized under the laws of the State of Illinois.
23    (b) A charter school may be established under this Article
24by creating a new school or by converting an existing public
25school or attendance center to charter school status.

 

 

HB4316 Enrolled- 41 -LRB102 20411 CMG 29271 b

1Beginning on April 16, 2003 (the effective date of Public Act
293-3), in all new applications to establish a charter school
3in a city having a population exceeding 500,000, operation of
4the charter school shall be limited to one campus. The changes
5made to this Section by Public Act 93-3 do not apply to charter
6schools existing or approved on or before April 16, 2003 (the
7effective date of Public Act 93-3).
8    (b-5) In this subsection (b-5), "virtual-schooling" means
9a cyber school where students engage in online curriculum and
10instruction via the Internet and electronic communication with
11their teachers at remote locations and with students
12participating at different times.
13    From April 1, 2013 through December 31, 2016, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter
25school shall be subject to the Freedom of Information Act and
26the Open Meetings Act. No later than January 1, 2021 (one year

 

 

HB4316 Enrolled- 42 -LRB102 20411 CMG 29271 b

1after the effective date of Public Act 101-291), a charter
2school's board of directors or other governing body must
3include at least one parent or guardian of a pupil currently
4enrolled in the charter school who may be selected through the
5charter school or a charter network election, appointment by
6the charter school's board of directors or other governing
7body, or by the charter school's Parent Teacher Organization
8or its equivalent.
9    (c-5) No later than January 1, 2021 (one year after the
10effective date of Public Act 101-291) or within the first year
11of his or her first term, every voting member of a charter
12school's board of directors or other governing body shall
13complete a minimum of 4 hours of professional development
14leadership training to ensure that each member has sufficient
15familiarity with the board's or governing body's role and
16responsibilities, including financial oversight and
17accountability of the school, evaluating the principal's and
18school's performance, adherence to the Freedom of Information
19Act and the Open Meetings Act, and compliance with education
20and labor law. In each subsequent year of his or her term, a
21voting member of a charter school's board of directors or
22other governing body shall complete a minimum of 2 hours of
23professional development training in these same areas. The
24training under this subsection may be provided or certified by
25a statewide charter school membership association or may be
26provided or certified by other qualified providers approved by

 

 

HB4316 Enrolled- 43 -LRB102 20411 CMG 29271 b

1the State Board of Education.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and
8school personnel. "Non-curricular health and safety
9requirement" does not include any course of study or
10specialized instructional requirement for which the State
11Board has established goals and learning standards or which is
12designed primarily to impart knowledge and skills for students
13to master and apply as an outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall
20be updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)

 

 

HB4316 Enrolled- 44 -LRB102 20411 CMG 29271 b

1precludes an authorizer from including non-curricular health
2and safety requirements in a charter school contract that are
3not contained in the list promulgated by the State Board,
4including non-curricular health and safety requirements of the
5authorizing local school board.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs, including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. The contractor shall not be an employee of the charter
16school or affiliated with the charter school or its authorizer
17in any way, other than to audit the charter school's finances.
18To ensure financial accountability for the use of public
19funds, on or before December 1 of every year of operation, each
20charter school shall submit to its authorizer and the State
21Board a copy of its audit and a copy of the Form 990 the
22charter school filed that year with the federal Internal
23Revenue Service. In addition, if deemed necessary for proper
24financial oversight of the charter school, an authorizer may
25require quarterly financial statements from each charter
26school.

 

 

HB4316 Enrolled- 45 -LRB102 20411 CMG 29271 b

1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act,
3all federal and State laws and rules applicable to public
4schools that pertain to special education and the instruction
5of English learners, and its charter. A charter school is
6exempt from all other State laws and regulations in this Code
7governing public schools and local school board policies;
8however, a charter school is not exempt from the following:
9        (1) Sections 10-21.9 and 34-18.5 of this Code
10    regarding criminal history records checks and checks of
11    the Statewide Sex Offender Database and Statewide Murderer
12    and Violent Offender Against Youth Database of applicants
13    for employment;
14        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
15    34-84a of this Code regarding discipline of students;
16        (3) the Local Governmental and Governmental Employees
17    Tort Immunity Act;
18        (4) Section 108.75 of the General Not For Profit
19    Corporation Act of 1986 regarding indemnification of
20    officers, directors, employees, and agents;
21        (5) the Abused and Neglected Child Reporting Act;
22        (5.5) subsection (b) of Section 10-23.12 and
23    subsection (b) of Section 34-18.6 of this Code;
24        (6) the Illinois School Student Records Act;
25        (7) Section 10-17a of this Code regarding school
26    report cards;

 

 

HB4316 Enrolled- 46 -LRB102 20411 CMG 29271 b

1        (8) the P-20 Longitudinal Education Data System Act;
2        (9) Section 27-23.7 of this Code regarding bullying
3    prevention;
4        (10) Section 2-3.162 of this Code regarding student
5    discipline reporting;
6        (11) Sections 22-80 and 27-8.1 of this Code;
7        (12) Sections 10-20.60 and 34-18.53 of this Code;
8        (13) Sections 10-20.63 and 34-18.56 of this Code;
9        (14) Section 26-18 of this Code;
10        (15) Section 22-30 of this Code;
11        (16) Sections 24-12 and 34-85 of this Code; and
12        (17) the Seizure Smart School Act;
13        (18) Section 2-3.64a-10 of this Code; and
14        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
15        (20) (19) Section 10-22.25b of this Code; .
16        (21) (19) Section 27-9.1a of this Code;
17        (22) (20) Section 27-9.1b of this Code; and
18        (23) (21) Section 34-18.8 of this Code; and .
19        (25) Section 22-85.10 of this Code.
20    The change made by Public Act 96-104 to this subsection
21(g) is declaratory of existing law.
22    (h) A charter school may negotiate and contract with a
23school district, the governing body of a State college or
24university or public community college, or any other public or
25for-profit or nonprofit private entity for: (i) the use of a
26school building and grounds or any other real property or

 

 

HB4316 Enrolled- 47 -LRB102 20411 CMG 29271 b

1facilities that the charter school desires to use or convert
2for use as a charter school site, (ii) the operation and
3maintenance thereof, and (iii) the provision of any service,
4activity, or undertaking that the charter school is required
5to perform in order to carry out the terms of its charter.
6However, a charter school that is established on or after
7April 16, 2003 (the effective date of Public Act 93-3) and that
8operates in a city having a population exceeding 500,000 may
9not contract with a for-profit entity to manage or operate the
10school during the period that commences on April 16, 2003 (the
11effective date of Public Act 93-3) and concludes at the end of
12the 2004-2005 school year. Except as provided in subsection
13(i) of this Section, a school district may charge a charter
14school reasonable rent for the use of the district's
15buildings, grounds, and facilities. Any services for which a
16charter school contracts with a school district shall be
17provided by the district at cost. Any services for which a
18charter school contracts with a local school board or with the
19governing body of a State college or university or public
20community college shall be provided by the public entity at
21cost.
22    (i) In no event shall a charter school that is established
23by converting an existing school or attendance center to
24charter school status be required to pay rent for space that is
25deemed available, as negotiated and provided in the charter
26agreement, in school district facilities. However, all other

 

 

HB4316 Enrolled- 48 -LRB102 20411 CMG 29271 b

1costs for the operation and maintenance of school district
2facilities that are used by the charter school shall be
3subject to negotiation between the charter school and the
4local school board and shall be set forth in the charter.
5    (j) A charter school may limit student enrollment by age
6or grade level.
7    (k) If the charter school is approved by the State Board or
8Commission, then the charter school is its own local education
9agency.
10(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
11101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
128-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
13eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
14102-558, eff. 8-20-21; revised 10-5-21.)
 
15    (Text of Section after amendment by P.A. 102-157 but
16before amendment by P.A. 102-466)
17    Sec. 27A-5. Charter school; legal entity; requirements.
18    (a) A charter school shall be a public, nonsectarian,
19nonreligious, non-home based, and non-profit school. A charter
20school shall be organized and operated as a nonprofit
21corporation or other discrete, legal, nonprofit entity
22authorized under the laws of the State of Illinois.
23    (b) A charter school may be established under this Article
24by creating a new school or by converting an existing public
25school or attendance center to charter school status.

 

 

HB4316 Enrolled- 49 -LRB102 20411 CMG 29271 b

1Beginning on April 16, 2003 (the effective date of Public Act
293-3), in all new applications to establish a charter school
3in a city having a population exceeding 500,000, operation of
4the charter school shall be limited to one campus. The changes
5made to this Section by Public Act 93-3 do not apply to charter
6schools existing or approved on or before April 16, 2003 (the
7effective date of Public Act 93-3).
8    (b-5) In this subsection (b-5), "virtual-schooling" means
9a cyber school where students engage in online curriculum and
10instruction via the Internet and electronic communication with
11their teachers at remote locations and with students
12participating at different times.
13    From April 1, 2013 through December 31, 2016, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter
25school shall be subject to the Freedom of Information Act and
26the Open Meetings Act. No later than January 1, 2021 (one year

 

 

HB4316 Enrolled- 50 -LRB102 20411 CMG 29271 b

1after the effective date of Public Act 101-291), a charter
2school's board of directors or other governing body must
3include at least one parent or guardian of a pupil currently
4enrolled in the charter school who may be selected through the
5charter school or a charter network election, appointment by
6the charter school's board of directors or other governing
7body, or by the charter school's Parent Teacher Organization
8or its equivalent.
9    (c-5) No later than January 1, 2021 (one year after the
10effective date of Public Act 101-291) or within the first year
11of his or her first term, every voting member of a charter
12school's board of directors or other governing body shall
13complete a minimum of 4 hours of professional development
14leadership training to ensure that each member has sufficient
15familiarity with the board's or governing body's role and
16responsibilities, including financial oversight and
17accountability of the school, evaluating the principal's and
18school's performance, adherence to the Freedom of Information
19Act and the Open Meetings Act, and compliance with education
20and labor law. In each subsequent year of his or her term, a
21voting member of a charter school's board of directors or
22other governing body shall complete a minimum of 2 hours of
23professional development training in these same areas. The
24training under this subsection may be provided or certified by
25a statewide charter school membership association or may be
26provided or certified by other qualified providers approved by

 

 

HB4316 Enrolled- 51 -LRB102 20411 CMG 29271 b

1the State Board of Education.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and
8school personnel. "Non-curricular health and safety
9requirement" does not include any course of study or
10specialized instructional requirement for which the State
11Board has established goals and learning standards or which is
12designed primarily to impart knowledge and skills for students
13to master and apply as an outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall
20be updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)

 

 

HB4316 Enrolled- 52 -LRB102 20411 CMG 29271 b

1precludes an authorizer from including non-curricular health
2and safety requirements in a charter school contract that are
3not contained in the list promulgated by the State Board,
4including non-curricular health and safety requirements of the
5authorizing local school board.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs, including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. The contractor shall not be an employee of the charter
16school or affiliated with the charter school or its authorizer
17in any way, other than to audit the charter school's finances.
18To ensure financial accountability for the use of public
19funds, on or before December 1 of every year of operation, each
20charter school shall submit to its authorizer and the State
21Board a copy of its audit and a copy of the Form 990 the
22charter school filed that year with the federal Internal
23Revenue Service. In addition, if deemed necessary for proper
24financial oversight of the charter school, an authorizer may
25require quarterly financial statements from each charter
26school.

 

 

HB4316 Enrolled- 53 -LRB102 20411 CMG 29271 b

1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act,
3all federal and State laws and rules applicable to public
4schools that pertain to special education and the instruction
5of English learners, and its charter. A charter school is
6exempt from all other State laws and regulations in this Code
7governing public schools and local school board policies;
8however, a charter school is not exempt from the following:
9        (1) Sections 10-21.9 and 34-18.5 of this Code
10    regarding criminal history records checks and checks of
11    the Statewide Sex Offender Database and Statewide Murderer
12    and Violent Offender Against Youth Database of applicants
13    for employment;
14        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
15    34-84a of this Code regarding discipline of students;
16        (3) the Local Governmental and Governmental Employees
17    Tort Immunity Act;
18        (4) Section 108.75 of the General Not For Profit
19    Corporation Act of 1986 regarding indemnification of
20    officers, directors, employees, and agents;
21        (5) the Abused and Neglected Child Reporting Act;
22        (5.5) subsection (b) of Section 10-23.12 and
23    subsection (b) of Section 34-18.6 of this Code;
24        (6) the Illinois School Student Records Act;
25        (7) Section 10-17a of this Code regarding school
26    report cards;

 

 

HB4316 Enrolled- 54 -LRB102 20411 CMG 29271 b

1        (8) the P-20 Longitudinal Education Data System Act;
2        (9) Section 27-23.7 of this Code regarding bullying
3    prevention;
4        (10) Section 2-3.162 of this Code regarding student
5    discipline reporting;
6        (11) Sections 22-80 and 27-8.1 of this Code;
7        (12) Sections 10-20.60 and 34-18.53 of this Code;
8        (13) Sections 10-20.63 and 34-18.56 of this Code;
9        (14) Sections 22-90 and 26-18 of this Code;
10        (15) Section 22-30 of this Code;
11        (16) Sections 24-12 and 34-85 of this Code; and
12        (17) the Seizure Smart School Act;
13        (18) Section 2-3.64a-10 of this Code; and
14        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
15        (20) (19) Section 10-22.25b of this Code; .
16        (21) (19) Section 27-9.1a of this Code;
17        (22) (20) Section 27-9.1b of this Code; and
18        (23) (21) Section 34-18.8 of this Code; and .
19        (25) Section 22-85.10 of this Code.
20    The change made by Public Act 96-104 to this subsection
21(g) is declaratory of existing law.
22    (h) A charter school may negotiate and contract with a
23school district, the governing body of a State college or
24university or public community college, or any other public or
25for-profit or nonprofit private entity for: (i) the use of a
26school building and grounds or any other real property or

 

 

HB4316 Enrolled- 55 -LRB102 20411 CMG 29271 b

1facilities that the charter school desires to use or convert
2for use as a charter school site, (ii) the operation and
3maintenance thereof, and (iii) the provision of any service,
4activity, or undertaking that the charter school is required
5to perform in order to carry out the terms of its charter.
6However, a charter school that is established on or after
7April 16, 2003 (the effective date of Public Act 93-3) and that
8operates in a city having a population exceeding 500,000 may
9not contract with a for-profit entity to manage or operate the
10school during the period that commences on April 16, 2003 (the
11effective date of Public Act 93-3) and concludes at the end of
12the 2004-2005 school year. Except as provided in subsection
13(i) of this Section, a school district may charge a charter
14school reasonable rent for the use of the district's
15buildings, grounds, and facilities. Any services for which a
16charter school contracts with a school district shall be
17provided by the district at cost. Any services for which a
18charter school contracts with a local school board or with the
19governing body of a State college or university or public
20community college shall be provided by the public entity at
21cost.
22    (i) In no event shall a charter school that is established
23by converting an existing school or attendance center to
24charter school status be required to pay rent for space that is
25deemed available, as negotiated and provided in the charter
26agreement, in school district facilities. However, all other

 

 

HB4316 Enrolled- 56 -LRB102 20411 CMG 29271 b

1costs for the operation and maintenance of school district
2facilities that are used by the charter school shall be
3subject to negotiation between the charter school and the
4local school board and shall be set forth in the charter.
5    (j) A charter school may limit student enrollment by age
6or grade level.
7    (k) If the charter school is approved by the State Board or
8Commission, then the charter school is its own local education
9agency.
10(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
11101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
128-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
13eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
14102-522, eff. 8-20-21; 102-558, eff. 8-20-21; revised
1510-5-21.)
 
16    (Text of Section after amendment by P.A. 102-466)
17    Sec. 27A-5. Charter school; legal entity; requirements.
18    (a) A charter school shall be a public, nonsectarian,
19nonreligious, non-home based, and non-profit school. A charter
20school shall be organized and operated as a nonprofit
21corporation or other discrete, legal, nonprofit entity
22authorized under the laws of the State of Illinois.
23    (b) A charter school may be established under this Article
24by creating a new school or by converting an existing public
25school or attendance center to charter school status.

 

 

HB4316 Enrolled- 57 -LRB102 20411 CMG 29271 b

1Beginning on April 16, 2003 (the effective date of Public Act
293-3), in all new applications to establish a charter school
3in a city having a population exceeding 500,000, operation of
4the charter school shall be limited to one campus. The changes
5made to this Section by Public Act 93-3 do not apply to charter
6schools existing or approved on or before April 16, 2003 (the
7effective date of Public Act 93-3).
8    (b-5) In this subsection (b-5), "virtual-schooling" means
9a cyber school where students engage in online curriculum and
10instruction via the Internet and electronic communication with
11their teachers at remote locations and with students
12participating at different times.
13    From April 1, 2013 through December 31, 2016, there is a
14moratorium on the establishment of charter schools with
15virtual-schooling components in school districts other than a
16school district organized under Article 34 of this Code. This
17moratorium does not apply to a charter school with
18virtual-schooling components existing or approved prior to
19April 1, 2013 or to the renewal of the charter of a charter
20school with virtual-schooling components already approved
21prior to April 1, 2013.
22    (c) A charter school shall be administered and governed by
23its board of directors or other governing body in the manner
24provided in its charter. The governing body of a charter
25school shall be subject to the Freedom of Information Act and
26the Open Meetings Act. No later than January 1, 2021 (one year

 

 

HB4316 Enrolled- 58 -LRB102 20411 CMG 29271 b

1after the effective date of Public Act 101-291), a charter
2school's board of directors or other governing body must
3include at least one parent or guardian of a pupil currently
4enrolled in the charter school who may be selected through the
5charter school or a charter network election, appointment by
6the charter school's board of directors or other governing
7body, or by the charter school's Parent Teacher Organization
8or its equivalent.
9    (c-5) No later than January 1, 2021 (one year after the
10effective date of Public Act 101-291) or within the first year
11of his or her first term, every voting member of a charter
12school's board of directors or other governing body shall
13complete a minimum of 4 hours of professional development
14leadership training to ensure that each member has sufficient
15familiarity with the board's or governing body's role and
16responsibilities, including financial oversight and
17accountability of the school, evaluating the principal's and
18school's performance, adherence to the Freedom of Information
19Act and the Open Meetings Act, and compliance with education
20and labor law. In each subsequent year of his or her term, a
21voting member of a charter school's board of directors or
22other governing body shall complete a minimum of 2 hours of
23professional development training in these same areas. The
24training under this subsection may be provided or certified by
25a statewide charter school membership association or may be
26provided or certified by other qualified providers approved by

 

 

HB4316 Enrolled- 59 -LRB102 20411 CMG 29271 b

1the State Board of Education.
2    (d) For purposes of this subsection (d), "non-curricular
3health and safety requirement" means any health and safety
4requirement created by statute or rule to provide, maintain,
5preserve, or safeguard safe or healthful conditions for
6students and school personnel or to eliminate, reduce, or
7prevent threats to the health and safety of students and
8school personnel. "Non-curricular health and safety
9requirement" does not include any course of study or
10specialized instructional requirement for which the State
11Board has established goals and learning standards or which is
12designed primarily to impart knowledge and skills for students
13to master and apply as an outcome of their education.
14    A charter school shall comply with all non-curricular
15health and safety requirements applicable to public schools
16under the laws of the State of Illinois. On or before September
171, 2015, the State Board shall promulgate and post on its
18Internet website a list of non-curricular health and safety
19requirements that a charter school must meet. The list shall
20be updated annually no later than September 1. Any charter
21contract between a charter school and its authorizer must
22contain a provision that requires the charter school to follow
23the list of all non-curricular health and safety requirements
24promulgated by the State Board and any non-curricular health
25and safety requirements added by the State Board to such list
26during the term of the charter. Nothing in this subsection (d)

 

 

HB4316 Enrolled- 60 -LRB102 20411 CMG 29271 b

1precludes an authorizer from including non-curricular health
2and safety requirements in a charter school contract that are
3not contained in the list promulgated by the State Board,
4including non-curricular health and safety requirements of the
5authorizing local school board.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs, including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. The contractor shall not be an employee of the charter
16school or affiliated with the charter school or its authorizer
17in any way, other than to audit the charter school's finances.
18To ensure financial accountability for the use of public
19funds, on or before December 1 of every year of operation, each
20charter school shall submit to its authorizer and the State
21Board a copy of its audit and a copy of the Form 990 the
22charter school filed that year with the federal Internal
23Revenue Service. In addition, if deemed necessary for proper
24financial oversight of the charter school, an authorizer may
25require quarterly financial statements from each charter
26school.

 

 

HB4316 Enrolled- 61 -LRB102 20411 CMG 29271 b

1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act,
3all federal and State laws and rules applicable to public
4schools that pertain to special education and the instruction
5of English learners, and its charter. A charter school is
6exempt from all other State laws and regulations in this Code
7governing public schools and local school board policies;
8however, a charter school is not exempt from the following:
9        (1) Sections 10-21.9 and 34-18.5 of this Code
10    regarding criminal history records checks and checks of
11    the Statewide Sex Offender Database and Statewide Murderer
12    and Violent Offender Against Youth Database of applicants
13    for employment;
14        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
15    34-84a of this Code regarding discipline of students;
16        (3) the Local Governmental and Governmental Employees
17    Tort Immunity Act;
18        (4) Section 108.75 of the General Not For Profit
19    Corporation Act of 1986 regarding indemnification of
20    officers, directors, employees, and agents;
21        (5) the Abused and Neglected Child Reporting Act;
22        (5.5) subsection (b) of Section 10-23.12 and
23    subsection (b) of Section 34-18.6 of this Code;
24        (6) the Illinois School Student Records Act;
25        (7) Section 10-17a of this Code regarding school
26    report cards;

 

 

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1        (8) the P-20 Longitudinal Education Data System Act;
2        (9) Section 27-23.7 of this Code regarding bullying
3    prevention;
4        (10) Section 2-3.162 of this Code regarding student
5    discipline reporting;
6        (11) Sections 22-80 and 27-8.1 of this Code;
7        (12) Sections 10-20.60 and 34-18.53 of this Code;
8        (13) Sections 10-20.63 and 34-18.56 of this Code;
9        (14) Sections 22-90 and 26-18 of this Code;
10        (15) Section 22-30 of this Code;
11        (16) Sections 24-12 and 34-85 of this Code; and
12        (17) the Seizure Smart School Act;
13        (18) Section 2-3.64a-10 of this Code; and
14        (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
15        (20) (19) Section 10-22.25b of this Code; .
16        (21) (19) Section 27-9.1a of this Code;
17        (22) (20) Section 27-9.1b of this Code; and
18        (23) (21) Section 34-18.8 of this Code; .
19        (24) (19) Article 26A of this Code; and .
20        (25) Section 22-85.10 of this Code.
21    The change made by Public Act 96-104 to this subsection
22(g) is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a

 

 

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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required
6to perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after
8April 16, 2003 (the effective date of Public Act 93-3) and that
9operates in a city having a population exceeding 500,000 may
10not contract with a for-profit entity to manage or operate the
11school during the period that commences on April 16, 2003 (the
12effective date of Public Act 93-3) and concludes at the end of
13the 2004-2005 school year. Except as provided in subsection
14(i) of this Section, a school district may charge a charter
15school reasonable rent for the use of the district's
16buildings, grounds, and facilities. Any services for which a
17charter school contracts with a school district shall be
18provided by the district at cost. Any services for which a
19charter school contracts with a local school board or with the
20governing body of a State college or university or public
21community college shall be provided by the public entity at
22cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be
4subject to negotiation between the charter school and the
5local school board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age
7or grade level.
8    (k) If the charter school is approved by the State Board or
9Commission, then the charter school is its own local education
10agency.
11(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
12101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
138-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
14eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
15102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
168-20-21; revised 10-5-21.)
 
17    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
18    Sec. 34-18.5. Criminal history records checks and checks
19of the Statewide Sex Offender Database and Statewide Murderer
20and Violent Offender Against Youth Database.
21    (a) Licensed and nonlicensed applicants for employment
22with the school district are required as a condition of
23employment to authorize a fingerprint-based criminal history
24records check to determine if such applicants have been
25convicted of any disqualifying, enumerated criminal or drug

 

 

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

 

 

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

 

 

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1Statewide Sex Offender Database must be conducted by the
2school district or regional superintendent once for every 5
3years that an applicant remains employed by the school
4district.
5    (a-6) The school district or regional superintendent shall
6further perform a check of the Statewide Murderer and Violent
7Offender Against Youth Database, as authorized by the Murderer
8and Violent Offender Against Youth Community Notification Law,
9for each applicant. The check of the Murderer and Violent
10Offender Against Youth Database must be conducted by the
11school district or regional superintendent once for every 5
12years that an applicant remains employed by the school
13district.
14    (b) Any information concerning the record of convictions
15obtained by the president of the board of education or the
16regional superintendent shall be confidential and may only be
17transmitted to the general superintendent of the school
18district or his designee, the appropriate regional
19superintendent if the check was requested by the board of
20education for the school district, the presidents of the
21appropriate board of education or school boards if the check
22was requested from the Illinois State Police by the regional
23superintendent, the State Board of Education and the school
24district as authorized under subsection (b-5), the State
25Superintendent of Education, the State Educator Preparation
26and Licensure Board or any other person necessary to the

 

 

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1decision of hiring the applicant for employment. A copy of the
2record of convictions obtained from the Illinois State Police
3shall be provided to the applicant for employment. Upon the
4check of the Statewide Sex Offender Database or Statewide
5Murderer and Violent Offender Against Youth Database, the
6school district or regional superintendent shall notify an
7applicant as to whether or not the applicant has been
8identified in the Database. If a check of an applicant for
9employment as a substitute or concurrent part-time teacher or
10concurrent educational support personnel employee in more than
11one school district was requested by the regional
12superintendent, and the Illinois State Police upon a check
13ascertains that the applicant has not been convicted of any of
14the enumerated criminal or drug offenses in subsection (c) of
15this Section or has not been convicted, within 7 years of the
16application for employment with the school district, of any
17other felony under the laws of this State or of any offense
18committed or attempted in any other state or against the laws
19of the United States that, if committed or attempted in this
20State, would have been punishable as a felony under the laws of
21this State and so notifies the regional superintendent and if
22the regional superintendent upon a check ascertains that the
23applicant has not been identified in the Sex Offender Database
24or Statewide Murderer and Violent Offender Against Youth
25Database, then the regional superintendent shall issue to the
26applicant a certificate evidencing that as of the date

 

 

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1specified by the Illinois State Police the applicant has not
2been convicted of any of the enumerated criminal or drug
3offenses in subsection (c) of this Section or has not been
4convicted, within 7 years of the application for employment
5with the school district, of any other felony under the laws of
6this State or of any offense committed or attempted in any
7other state or against the laws of the United States that, if
8committed or attempted in this State, would have been
9punishable as a felony under the laws of this State and
10evidencing that as of the date that the regional
11superintendent conducted a check of the Statewide Sex Offender
12Database or Statewide Murderer and Violent Offender Against
13Youth Database, the applicant has not been identified in the
14Database. The school board of any school district may rely on
15the certificate issued by any regional superintendent to that
16substitute teacher, concurrent part-time teacher, or
17concurrent educational support personnel employee or may
18initiate its own criminal history records check of the
19applicant through the Illinois State Police and its own check
20of the Statewide Sex Offender Database or Statewide Murderer
21and Violent Offender Against Youth Database as provided in
22this Section. Any unauthorized release of confidential
23information may be a violation of Section 7 of the Criminal
24Identification Act.
25    (b-5) If a criminal history records check or check of the
26Statewide Sex Offender Database or Statewide Murderer and

 

 

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1Violent Offender Against Youth Database is performed by a
2regional superintendent for an applicant seeking employment as
3a substitute teacher with the school district, the regional
4superintendent may disclose to the State Board of Education
5whether the applicant has been issued a certificate under
6subsection (b) based on those checks. If the State Board
7receives information on an applicant under this subsection,
8then it must indicate in the Educator Licensure Information
9System for a 90-day period that the applicant has been issued
10or has not been issued a certificate.
11    (c) The board of education shall not knowingly employ a
12person who has been convicted of any offense that would
13subject him or her to license suspension or revocation
14pursuant to Section 21B-80 of this Code, except as provided
15under subsection (b) of 21B-80. Further, the board of
16education shall not knowingly employ a person who has been
17found to be the perpetrator of sexual or physical abuse of any
18minor under 18 years of age pursuant to proceedings under
19Article II of the Juvenile Court Act of 1987. As a condition of
20employment, the board of education must consider the status of
21a person who has been issued an indicated finding of abuse or
22neglect of a child by the Department of Children and Family
23Services under the Abused and Neglected Child Reporting Act or
24by a child welfare agency of another jurisdiction.
25    (d) The board of education shall not knowingly employ a
26person for whom a criminal history records check and a

 

 

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1Statewide Sex Offender Database check have not been initiated.
2    (e) Within 10 days after the general superintendent of
3schools, a regional office of education, or an entity that
4provides background checks of license holders to public
5schools receives information of a pending criminal charge
6against a license holder for an offense set forth in Section
721B-80 of this Code, the superintendent, regional office of
8education, or entity must notify the State Superintendent of
9Education of the pending criminal charge.
10    No later than 15 business days after receipt of a record of
11conviction or of checking the Statewide Murderer and Violent
12Offender Against Youth Database or the Statewide Sex Offender
13Database and finding a registration, the general
14superintendent of schools or the applicable regional
15superintendent shall, in writing, notify the State
16Superintendent of Education of any license holder who has been
17convicted of a crime set forth in Section 21B-80 of this Code.
18Upon receipt of the record of a conviction of or a finding of
19child abuse by a holder of any license issued pursuant to
20Article 21B or Section 34-8.1 or 34-83 of this Code, the State
21Superintendent of Education may initiate licensure suspension
22and revocation proceedings as authorized by law. If the
23receipt of the record of conviction or finding of child abuse
24is received within 6 months after the initial grant of or
25renewal of a license, the State Superintendent of Education
26may rescind the license holder's license.

 

 

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1    (e-5) The general superintendent of schools shall, in
2writing, notify the State Superintendent of Education of any
3license holder whom he or she has reasonable cause to believe
4has committed (i) an intentional act of abuse or neglect with
5the result of making a child an abused child or a neglected
6child, as defined in Section 3 of the Abused and Neglected
7Child Reporting Act or (ii) an act of sexual misconduct, as
8defined in Section 22-85.5 of this Code, and that act resulted
9in the license holder's dismissal or resignation from the
10school district and must include the Illinois Educator
11Identification Number (IEIN) of the license holder and a brief
12description of the misconduct alleged. This notification must
13be submitted within 30 days after the dismissal or
14resignation. The license holder must also be contemporaneously
15sent a copy of the notice by the superintendent. All
16correspondence, documentation, and other information so
17received by the State Superintendent of Education, the State
18Board of Education, or the State Educator Preparation and
19Licensure Board under this subsection (e-5) is confidential
20and must not be disclosed to third parties, except (i) as
21necessary for the State Superintendent of Education or his or
22her designee to investigate and prosecute pursuant to Article
2321B of this Code, (ii) pursuant to a court order, (iii) for
24disclosure to the license holder or his or her representative,
25or (iv) as otherwise provided in this Article and provided
26that any such information admitted into evidence in a hearing

 

 

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1is exempt from this confidentiality and non-disclosure
2requirement. Except for an act of willful or wanton
3misconduct, any superintendent who provides notification as
4required in this subsection (e-5) shall have immunity from any
5liability, whether civil or criminal or that otherwise might
6result by reason of such action.
7    (f) After March 19, 1990, the provisions of this Section
8shall apply to all employees of persons or firms holding
9contracts with any school district including, but not limited
10to, food service workers, school bus drivers and other
11transportation employees, who have direct, daily contact with
12the pupils of any school in such district. For purposes of
13criminal history records checks and checks of the Statewide
14Sex Offender Database on employees of persons or firms holding
15contracts with more than one school district and assigned to
16more than one school district, the regional superintendent of
17the educational service region in which the contracting school
18districts are located may, at the request of any such school
19district, be responsible for receiving the authorization for a
20criminal history records check prepared by each such employee
21and submitting the same to the Illinois State Police and for
22conducting a check of the Statewide Sex Offender Database for
23each employee. Any information concerning the record of
24conviction and identification as a sex offender of any such
25employee obtained by the regional superintendent shall be
26promptly reported to the president of the appropriate school

 

 

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1board or school boards.
2    (f-5) Upon request of a school or school district, any
3information obtained by the school district pursuant to
4subsection (f) of this Section within the last year must be
5made available to the requesting school or school district.
6    (g) Prior to the commencement of any student teaching
7experience or required internship (which is referred to as
8student teaching in this Section) in the public schools, a
9student teacher is required to authorize a fingerprint-based
10criminal history records check. Authorization for and payment
11of the costs of the check must be furnished by the student
12teacher to the school district. Upon receipt of this
13authorization and payment, the school district shall submit
14the student teacher's name, sex, race, date of birth, social
15security number, fingerprint images, and other identifiers, as
16prescribed by the Illinois State Police, to the Illinois State
17Police. The Illinois State Police and the Federal Bureau of
18Investigation shall furnish, pursuant to a fingerprint-based
19criminal history records check, records of convictions,
20forever and hereinafter, until expunged, to the president of
21the board. The Illinois State Police shall charge the school
22district a fee for conducting the check, which fee must not
23exceed the cost of the inquiry and must be deposited into the
24State Police Services Fund. The school district shall further
25perform a check of the Statewide Sex Offender Database, as
26authorized by the Sex Offender Community Notification Law, and

 

 

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1of the Statewide Murderer and Violent Offender Against Youth
2Database, as authorized by the Murderer and Violent Offender
3Against Youth Registration Act, for each student teacher. The
4board may not knowingly allow a person to student teach for
5whom a criminal history records check, a Statewide Sex
6Offender Database check, and a Statewide Murderer and Violent
7Offender Against Youth Database check have not been completed
8and reviewed by the district.
9    A copy of the record of convictions obtained from the
10Illinois State Police must be provided to the student teacher.
11Any information concerning the record of convictions obtained
12by the president of the board is confidential and may only be
13transmitted to the general superintendent of schools or his or
14her designee, the State Superintendent of Education, the State
15Educator Preparation and Licensure Board, or, for
16clarification purposes, the Illinois State Police or the
17Statewide Sex Offender Database or Statewide Murderer and
18Violent Offender Against Youth Database. Any unauthorized
19release of confidential information may be a violation of
20Section 7 of the Criminal Identification Act.
21    The board may not knowingly allow a person to student
22teach who has been convicted of any offense that would subject
23him or her to license suspension or revocation pursuant to
24subsection (c) of Section 21B-80 of this Code, except as
25provided under subsection (b) of Section 21B-80. Further, the
26board may not allow a person to student teach if he or she has

 

 

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1been found to be the perpetrator of sexual or physical abuse of
2a minor under 18 years of age pursuant to proceedings under
3Article II of the Juvenile Court Act of 1987. The board must
4consider the status of a person to student teach who has been
5issued an indicated finding of abuse or neglect of a child by
6the Department of Children and Family Services under the
7Abused and Neglected Child Reporting Act or by a child welfare
8agency of another jurisdiction.
9    (h) (Blank).
10(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
11101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
121-1-22; revised 10-18-21.)
 
13    Section 10. The Personnel Record Review Act is amended by
14changing Section 8 as follows:
 
15    (820 ILCS 40/8)  (from Ch. 48, par. 2008)
16    Sec. 8. An employer shall review a personnel record before
17releasing information to a third party and, except when the
18release is ordered to a party in a legal action or arbitration,
19delete disciplinary reports, letters of reprimand, or other
20records of disciplinary action which are more than 4 years
21old. This Section does not apply to a school district or an
22authorized employee or agent of a school district who is
23sharing information related to an incident or an attempted
24incident of sexual abuse, or severe physical abuse, or sexual

 

 

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1misconduct as defined in subsection (c) of Section 22-85.5 of
2this Code.
3(Source: P.A. 101-531, eff. 8-23-19.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 99. Effective date. This Act takes effect on July
121, 2023.