Illinois General Assembly - Full Text of SB2357
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Full Text of SB2357  102nd General Assembly

SB2357enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB2357 EnrolledLRB102 13565 CMG 18913 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, 21B-80, 21B-85, 24-11, 24-14, and 34-18.5 as
6follows:
 
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

 

 

SB2357 Enrolled- 2 -LRB102 13565 CMG 18913 b

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 Department of State Police, to the
19Department. The regional superintendent submitting the
20requisite information to the Department of State Police shall
21promptly notify the school districts in which the applicant is
22seeking employment as a substitute or concurrent part-time
23teacher or concurrent educational support personnel employee
24that the check of the applicant has been requested. The
25Department of State Police and the Federal Bureau of
26Investigation shall furnish, pursuant to a fingerprint-based

 

 

SB2357 Enrolled- 3 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 4 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 5 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 6 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 7 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 8 -LRB102 13565 CMG 18913 b

1offense set forth in Section 21B-80 of this Code, the
2superintendent, regional office of education, or entity must
3notify the State Superintendent of Education of the pending
4criminal charge.
5    If permissible by federal or State law, no later than 15
6business days after receipt of a record of conviction or of
7checking the Statewide Murderer and Violent Offender Against
8Youth Database or the Statewide Sex Offender Database and
9finding a registration, the superintendent of the employing
10school board or the applicable regional superintendent shall,
11in writing, notify the State Superintendent of Education of
12any license holder who has been convicted of a crime set forth
13in Section 21B-80 of this Code. Upon receipt of the record of a
14conviction of or a finding of child abuse by a holder of any
15license issued pursuant to Article 21B or Section 34-8.1 or
1634-83 of the School Code, the State Superintendent of
17Education may initiate licensure suspension and revocation
18proceedings as authorized by law. If the receipt of the record
19of conviction or finding of child abuse is received within 6
20months after the initial grant of or renewal of a license, the
21State Superintendent of Education may rescind the license
22holder's license.
23    (e-5) The superintendent of the employing school board
24shall, in writing, notify the State Superintendent of
25Education and the applicable regional superintendent of
26schools of any license holder whom he or she has reasonable

 

 

SB2357 Enrolled- 9 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 10 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 11 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 12 -LRB102 13565 CMG 18913 b

1Against Youth Registration Act, for each student teacher. No
2school board may knowingly allow a person to student teach for
3whom a criminal history records check, a Statewide Sex
4Offender Database check, and a Statewide Murderer and Violent
5Offender Against Youth Database check have not been completed
6and reviewed by the district.
7    A copy of the record of convictions obtained from the
8Department of State Police must be provided to the student
9teacher. Any information concerning the record of convictions
10obtained by the president of the school board is confidential
11and may only be transmitted to the superintendent of the
12school district or his or her designee, the State
13Superintendent of Education, the State Educator Preparation
14and Licensure Board, or, for clarification purposes, the
15Department of State Police or the Statewide Sex Offender
16Database or Statewide Murderer and Violent Offender Against
17Youth Database. Any unauthorized release of confidential
18information may be a violation of Section 7 of the Criminal
19Identification 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

 

 

SB2357 Enrolled- 13 -LRB102 13565 CMG 18913 b

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.)
 
11    (105 ILCS 5/21B-75)
12    Sec. 21B-75. Suspension or revocation of license,
13endorsement, or approval.
14    (a) As used in this Section, "teacher" means any school
15district employee regularly required to be licensed, as
16provided in this Article, in order to teach or supervise in the
17public schools.
18    (b) The State Superintendent of Education has the
19exclusive authority, in accordance with this Section and any
20rules adopted by the State Board of Education, in consultation
21with the State Educator Preparation and Licensure Board, to
22initiate the suspension of up to 5 calendar years or
23revocation of any license, endorsement, or approval issued
24pursuant to this Article for abuse or neglect of a child,
25immorality, a condition of health detrimental to the welfare

 

 

SB2357 Enrolled- 14 -LRB102 13565 CMG 18913 b

1of pupils, incompetency, unprofessional conduct (which
2includes the failure to disclose on an employment application
3any previous conviction for a sex offense, as defined in
4Section 21B-80 of this Code, or any other offense committed in
5any other state or against the laws of the United States that,
6if committed in this State, would be punishable as a sex
7offense, as defined in Section 21B-80 of this Code), the
8neglect of any professional duty, willful or negligent failure
9to report an instance of suspected child abuse or neglect as
10required by the Abused and Neglected Child Reporting Act, or
11other just cause. Negligent failure to report an instance of
12suspected child abuse or neglect occurs when a teacher
13personally observes an instance of suspected child abuse or
14neglect and reasonably believes, in his or her professional or
15official capacity, that the instance constitutes an act of
16child abuse or neglect under the Abused and Neglected Child
17Reporting Act, and he or she, without willful intent, fails to
18immediately report or cause a report to be made of the
19suspected abuse or neglect to the Department of Children and
20Family Services, as required by the Abused and Neglected Child
21Reporting Act. Unprofessional conduct shall include the
22refusal to attend or participate in institutes, teachers'
23meetings, or professional readings or to meet other reasonable
24requirements of the regional superintendent of schools or
25State Superintendent of Education. Unprofessional conduct also
26includes conduct that violates the standards, ethics, or rules

 

 

SB2357 Enrolled- 15 -LRB102 13565 CMG 18913 b

1applicable to the security, administration, monitoring, or
2scoring of or the reporting of scores from any assessment test
3or examination administered under Section 2-3.64a-5 of this
4Code or that is known or intended to produce or report
5manipulated or artificial, rather than actual, assessment or
6achievement results or gains from the administration of those
7tests or examinations. Unprofessional conduct shall also
8include neglect or unnecessary delay in the making of
9statistical and other reports required by school officers.
10Incompetency shall include, without limitation, 2 or more
11school terms of service for which the license holder has
12received an unsatisfactory rating on a performance evaluation
13conducted pursuant to Article 24A of this Code within a period
14of 7 school terms of service. In determining whether to
15initiate action against one or more licenses based on
16incompetency and the recommended sanction for such action, the
17State Superintendent shall consider factors that include
18without limitation all of the following:
19        (1) Whether the unsatisfactory evaluation ratings
20    occurred prior to June 13, 2011 (the effective date of
21    Public Act 97-8).
22        (2) Whether the unsatisfactory evaluation ratings
23    occurred prior to or after the implementation date, as
24    defined in Section 24A-2.5 of this Code, of an evaluation
25    system for teachers in a school district.
26        (3) Whether the evaluator or evaluators who performed

 

 

SB2357 Enrolled- 16 -LRB102 13565 CMG 18913 b

1    an unsatisfactory evaluation met the pre-licensure and
2    training requirements set forth in Section 24A-3 of this
3    Code.
4        (4) The time between the unsatisfactory evaluation
5    ratings.
6        (5) The quality of the remediation plans associated
7    with the unsatisfactory evaluation ratings and whether the
8    license holder successfully completed the remediation
9    plans.
10        (6) Whether the unsatisfactory evaluation ratings were
11    related to the same or different assignments performed by
12    the license holder.
13        (7) Whether one or more of the unsatisfactory
14    evaluation ratings occurred in the first year of a
15    teaching or administrative assignment.
16When initiating an action against one or more licenses, the
17State Superintendent may seek required professional
18development as a sanction in lieu of or in addition to
19suspension or revocation. Any such required professional
20development must be at the expense of the license holder, who
21may use, if available and applicable to the requirements
22established by administrative or court order, training,
23coursework, or other professional development funds in
24accordance with the terms of an applicable collective
25bargaining agreement entered into after June 13, 2011 (the
26effective date of Public Act 97-8), unless that agreement

 

 

SB2357 Enrolled- 17 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 18 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 19 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 20 -LRB102 13565 CMG 18913 b

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

 

 

SB2357 Enrolled- 21 -LRB102 13565 CMG 18913 b

1(Source: P.A. 100-872, eff. 8-14-18; 101-531, eff. 8-23-19.)
 
2    (105 ILCS 5/21B-80)
3    Sec. 21B-80. Conviction of certain offenses as grounds for
4disqualification for licensure or suspension or revocation of
5a license.
6    (a) As used in this Section:
7    "Drug offense" means any one or more of the following
8offenses:
9        (1) Any offense defined in the Cannabis Control Act,
10    except those defined in subdivisions (a), (b), and (c) of
11    Section 4 and subdivisions (a) and (b) of Section 5 of the
12    Cannabis Control Act and any offense for which the holder
13    of a license is placed on probation under the provisions
14    of Section 10 of the Cannabis Control Act, provided that
15    if the terms and conditions of probation required by the
16    court are not fulfilled, the offense is not eligible for
17    this exception.
18        (2) Any offense defined in the Illinois Controlled
19    Substances Act, except any offense for which the holder of
20    a license is placed on probation under the provisions of
21    Section 410 of the Illinois Controlled Substances Act,
22    provided that if the terms and conditions of probation
23    required by the court are not fulfilled, the offense is
24    not eligible for this exception.
25        (3) Any offense defined in the Methamphetamine Control

 

 

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1    and Community Protection Act, except any offense for which
2    the holder of a license is placed on probation under the
3    provision of Section 70 of that Act, provided that if the
4    terms and conditions of probation required by the court
5    are not fulfilled, the offense is not eligible for this
6    exception.
7        (4) Any attempt to commit any of the offenses listed
8    in items (1) through (3) of this definition.
9        (5) Any offense committed or attempted in any other
10    state or against the laws of the United States that, if
11    committed or attempted in this State, would have been
12    punishable as one or more of the offenses listed in items
13    (1) through (4) of this definition.
14The changes made by Public Act 96-431 to this definition are
15declaratory of existing law.
16    "Sentence" includes any period of supervised release or
17probation that was imposed either alone or in combination with
18a period of incarceration.
19    "Sex or other offense" means any one or more of the
20following offenses:
21        (A) Any offense defined in Article 9 of the Criminal
22    Code of 1961 or the Criminal Code of 2012; Sections 11-6,
23    11-9 through 11-9.5, inclusive, and 11-30 (if punished as
24    a Class 4 felony) of the Criminal Code of 1961 or the
25    Criminal Code of 2012; Sections 11-14.1 through 11-21,
26    inclusive, of the Criminal Code of 1961 or the Criminal

 

 

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1    Code of 2012; Sections 11-23 (if punished as a Class 3
2    felony), 11-24, 11-25, and 11-26 of the Criminal Code of
3    1961 or the Criminal Code of 2012; Section 10-5.1,
4    subsection (c) of Section 10-9, and Sections 11-6.6,
5    11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
6    and 12-35 of the Criminal Code of 2012; and Sections
7    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
8    12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
9    punished pursuant to subdivision (4) or (5) of subsection
10    (d) of Section 26-4) of the Criminal Code of 1961 or the
11    Criminal Code of 2012.
12        (B) Any attempt to commit any of the offenses listed
13    in item (A) of this definition.
14        (C) Any offense committed or attempted in any other
15    state that, if committed or attempted in this State, would
16    have been punishable as one or more of the offenses listed
17    in items (A) and (B) of this definition.
18    (b) Whenever the holder of any license issued pursuant to
19this Article or applicant for a license to be issued pursuant
20to this Article has been convicted of any drug offense, other
21than as provided in subsection (c) of this Section, the State
22Superintendent of Education shall forthwith suspend the
23license or deny the application, whichever is applicable,
24until 7 years following the end of the sentence for the
25criminal offense. If the conviction is reversed and the holder
26is acquitted of the offense in a new trial or the charges

 

 

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1against him or her are dismissed, the State Superintendent of
2Education shall forthwith terminate the suspension of the
3license.
4    (b-5) Whenever the holder of a license issued pursuant to
5this Article or applicant for a license to be issued pursuant
6to this Article has been charged with attempting to commit,
7conspiring to commit, soliciting, or committing any sex or
8other offense, as enumerated under item (A) of subsection (a),
9first degree murder, or a Class X felony or any offense
10committed or attempted in any other state or against the laws
11of the United States that, if committed or attempted in this
12State, would have been punishable as one or more of the
13foregoing offenses, the State Superintendent of Education
14shall immediately suspend the license or deny the application
15until the person's criminal charges are adjudicated through a
16court of competent jurisdiction. If the person is acquitted,
17his or her license or application shall be immediately
18reinstated.
19    (c) Whenever the holder of a license issued pursuant to
20this Article or applicant for a license to be issued pursuant
21to this Article has been convicted of attempting to commit,
22conspiring to commit, soliciting, or committing any sex or
23other offense, as enumerated under item (A) of subsection (a),
24first degree murder, or a Class X felony or any offense
25committed or attempted in any other state or against the laws
26of the United States that, if committed or attempted in this

 

 

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1State, would have been punishable as one or more of the
2foregoing offenses, the State Superintendent of Education
3shall forthwith suspend the license or deny the application,
4whichever is applicable. If the conviction is reversed and the
5holder is acquitted of that offense in a new trial or the
6charges that he or she committed that offense are dismissed,
7the State Superintendent of Education shall forthwith
8terminate the suspension of the license. When the conviction
9becomes final, the State Superintendent of Education shall
10forthwith revoke the license.
11(Source: P.A. 101-531, eff. 8-23-19.)
 
12    (105 ILCS 5/21B-85)
13    Sec. 21B-85. Conviction of felony.
14    (a) Whenever the holder of any license issued under this
15Article is employed by the school board of a school district,
16including a special charter district or a school district
17organized under Article 34 of this Code, and is convicted,
18either after a bench trial, trial by jury, or plea of guilty,
19of any offense for which a sentence to death or a term of
20imprisonment in a penitentiary for one year or more is
21provided, the school board shall promptly notify the State
22Superintendent of Education, in writing, of the name of the
23license holder, the fact of the conviction, and the name and
24location of the court in which the conviction occurred.
25    (b) Whenever the school board of a school district,

 

 

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1including a special charter district or a school district
2organized under Article 34 of this Code, State Superintendent
3of Education receives notice of a conviction under subsection
4(a) of this Section or otherwise learns that any person who is
5a teacher, as that term is defined in Section 16-106 of the
6Illinois Pension Code, has been convicted, either after a
7bench trial, trial by jury, or plea of guilty, of any offense
8for which a sentence to death or a term of imprisonment in a
9penitentiary for one year or more is provided, the school
10board State Superintendent of Education shall promptly notify,
11in writing, the board of trustees of the Teachers' Retirement
12System of the State of Illinois and the board of trustees of
13the Public School Teachers' Pension and Retirement Fund of the
14City of Chicago of the name of the license holder, the fact of
15the conviction, the name and location of the court in which the
16conviction occurred, and the number assigned in that court to
17the case in which the conviction occurred.
18(Source: P.A. 97-607, eff. 8-26-11.)
 
19    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
20    Sec. 24-11. Boards of Education - Boards of School
21Inspectors - Contractual continued service.
22    (a) As used in this and the succeeding Sections of this
23Article:
24    "Teacher" means any or all school district employees
25regularly required to be licensed certified under laws

 

 

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1relating to the licensure certification of teachers.
2    "Board" means board of directors, board of education, or
3board of school inspectors, as the case may be.
4    "School term" means that portion of the school year, July
51 to the following June 30, when school is in actual session.
6    "Program" means a program of a special education joint
7agreement.
8    "Program of a special education joint agreement" means
9instructional, consultative, supervisory, administrative,
10diagnostic, and related services that are managed by a special
11educational joint agreement designed to service 2 or more
12school districts that are members of the joint agreement.
13    "PERA implementation date" means the implementation date
14of an evaluation system for teachers as specified by Section
1524A-2.5 of this Code for all schools within a school district
16or all programs of a special education joint agreement.
17    (b) This Section and Sections 24-12 through 24-16 of this
18Article apply only to school districts having less than
19500,000 inhabitants.
20    (c) Any teacher who is first employed as a full-time
21teacher in a school district or program prior to the PERA
22implementation date and who is employed in that district or
23program for a probationary period of 4 consecutive school
24terms shall enter upon contractual continued service in the
25district or in all of the programs that the teacher is legally
26qualified to hold, unless the teacher is given written notice

 

 

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1of dismissal by certified mail, return receipt requested, by
2the employing board at least 45 days before the end of any
3school term within such period.
4    (d) For any teacher who is first employed as a full-time
5teacher in a school district or program on or after the PERA
6implementation date, the probationary period shall be one of
7the following periods, based upon the teacher's school terms
8of service and performance, before the teacher shall enter
9upon contractual continued service in the district or in all
10of the programs that the teacher is legally qualified to hold,
11unless the teacher is given written notice of dismissal by
12certified mail, return receipt requested, by the employing
13board at least 45 days before the end of any school term within
14such period:
15        (1) 4 consecutive school terms of service in which the
16    teacher receives overall annual evaluation ratings of at
17    least "Proficient" in the last school term and at least
18    "Proficient" in either the second or third school term;
19        (2) 3 consecutive school terms of service in which the
20    teacher receives 3 overall annual evaluations of
21    "Excellent"; or
22        (3) 2 consecutive school terms of service in which the
23    teacher receives 2 overall annual evaluations of
24    "Excellent" service, but only if the teacher (i)
25    previously attained contractual continued service in a
26    different school district or program in this State, (ii)

 

 

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1    voluntarily departed or was honorably dismissed from that
2    school district or program in the school term immediately
3    prior to the teacher's first school term of service
4    applicable to the attainment of contractual continued
5    service under this subdivision (3), and (iii) received, in
6    his or her 2 most recent overall annual or biennial
7    evaluations from the prior school district or program,
8    ratings of at least "Proficient", with both such ratings
9    occurring after the school district's or program's PERA
10    implementation date. For a teacher to attain contractual
11    continued service under this subdivision (3), the teacher
12    shall provide official copies of his or her 2 most recent
13    overall annual or biennial evaluations from the prior
14    school district or program to the new school district or
15    program within 60 days from the teacher's first day of
16    service with the new school district or program. The prior
17    school district or program must provide the teacher with
18    official copies of his or her 2 most recent overall annual
19    or biennial evaluations within 14 days after the teacher's
20    request. If a teacher has requested such official copies
21    prior to 45 days after the teacher's first day of service
22    with the new school district or program and the teacher's
23    prior school district or program fails to provide the
24    teacher with the official copies required under this
25    subdivision (3), then the time period for the teacher to
26    submit the official copies to his or her new school

 

 

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1    district or program must be extended until 14 days after
2    receipt of such copies from the prior school district or
3    program. If the prior school district or program fails to
4    provide the teacher with the official copies required
5    under this subdivision (3) within 90 days from the
6    teacher's first day of service with the new school
7    district or program, then the new school district or
8    program shall rely upon the teacher's own copies of his or
9    her evaluations for purposes of this subdivision (3).
10    If the teacher does not receive overall annual evaluations
11of "Excellent" in the school terms necessary for eligibility
12to achieve accelerated contractual continued service in
13subdivisions (2) and (3) of this subsection (d), the teacher
14shall be eligible for contractual continued service pursuant
15to subdivision (1) of this subsection (d). If, at the
16conclusion of 4 consecutive school terms of service that count
17toward attainment of contractual continued service, the
18teacher's performance does not qualify the teacher for
19contractual continued service under subdivision (1) of this
20subsection (d), then the teacher shall not enter upon
21contractual continued service and shall be dismissed. If a
22performance evaluation is not conducted for any school term
23when such evaluation is required to be conducted under Section
2424A-5 of this Code, then the teacher's performance evaluation
25rating for such school term for purposes of determining the
26attainment of contractual continued service shall be deemed

 

 

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1"Proficient", except that, during any time in which the
2Governor has declared a disaster due to a public health
3emergency pursuant to Section 7 of the Illinois Emergency
4Management Agency Act, this default to "Proficient" does not
5apply to any teacher who has entered into contractual
6continued service and who was deemed "Excellent" on his or her
7most recent evaluation. During any time in which the Governor
8has declared a disaster due to a public health emergency
9pursuant to Section 7 of the Illinois Emergency Management
10Agency Act and unless the school board and any exclusive
11bargaining representative have completed the performance
12rating for teachers or mutually agreed to an alternate
13performance rating, any teacher who has entered into
14contractual continued service, whose most recent evaluation
15was deemed "Excellent", and whose performance evaluation is
16not conducted when the evaluation is required to be conducted
17shall receive a teacher's performance rating deemed
18"Excellent". A school board and any exclusive bargaining
19representative may mutually agree to an alternate performance
20rating for teachers not in contractual continued service
21during any time in which the Governor has declared a disaster
22due to a public health emergency pursuant to Section 7 of the
23Illinois Emergency Management Agency Act, as long as the
24agreement is in writing.
25    (e) For the purposes of determining contractual continued
26service, a school term shall be counted only toward attainment

 

 

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1of contractual continued service if the teacher actually
2teaches or is otherwise present and participating in the
3district's or program's educational program for 120 days or
4more, provided that the days of leave under the federal Family
5Medical Leave Act that the teacher is required to take until
6the end of the school term shall be considered days of teaching
7or participation in the district's or program's educational
8program. A school term that is not counted toward attainment
9of contractual continued service shall not be considered a
10break in service for purposes of determining whether a teacher
11has been employed for 4 consecutive school terms, provided
12that the teacher actually teaches or is otherwise present and
13participating in the district's or program's educational
14program in the following school term.
15    (f) If the employing board determines to dismiss the
16teacher in the last year of the probationary period as
17provided in subsection (c) of this Section or subdivision (1)
18or (2) of subsection (d) of this Section, but not subdivision
19(3) of subsection (d) of this Section, the written notice of
20dismissal provided by the employing board must contain
21specific reasons for dismissal. Any full-time teacher who does
22not receive written notice from the employing board at least
2345 days before the end of any school term as provided in this
24Section and whose performance does not require dismissal after
25the fourth probationary year pursuant to subsection (d) of
26this Section shall be re-employed for the following school

 

 

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1term.
2    (g) Contractual continued service shall continue in effect
3the terms and provisions of the contract with the teacher
4during the last school term of the probationary period,
5subject to this Act and the lawful regulations of the
6employing board. This Section and succeeding Sections do not
7modify any existing power of the board except with respect to
8the procedure of the discharge of a teacher and reductions in
9salary as hereinafter provided. Contractual continued service
10status shall not restrict the power of the board to transfer a
11teacher to a position which the teacher is qualified to fill or
12to make such salary adjustments as it deems desirable, but
13unless reductions in salary are uniform or based upon some
14reasonable classification, any teacher whose salary is reduced
15shall be entitled to a notice and a hearing as hereinafter
16provided in the case of certain dismissals or removals.
17    (h) If, by reason of any change in the boundaries of school
18districts or by reason of the creation of a new school
19district, the position held by any teacher having a
20contractual continued service status is transferred from one
21board to the control of a new or different board, then the
22contractual continued service status of the teacher is not
23thereby lost, and such new or different board is subject to
24this Code with respect to the teacher in the same manner as if
25the teacher were its employee and had been its employee during
26the time the teacher was actually employed by the board from

 

 

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1whose control the position was transferred.
2    (i) The employment of any teacher in a program of a special
3education joint agreement established under Section 3-15.14,
410-22.31 or 10-22.31a shall be governed by this and succeeding
5Sections of this Article. For purposes of attaining and
6maintaining contractual continued service and computing length
7of continuing service as referred to in this Section and
8Section 24-12, employment in a special educational joint
9program shall be deemed a continuation of all previous
10licensed certificated employment of such teacher for such
11joint agreement whether the employer of the teacher was the
12joint agreement, the regional superintendent, or one of the
13participating districts in the joint agreement.
14    (j) For any teacher employed after July 1, 1987 as a
15full-time teacher in a program of a special education joint
16agreement, whether the program is operated by the joint
17agreement or a member district on behalf of the joint
18agreement, in the event of a reduction in the number of
19programs or positions in the joint agreement in which the
20notice of dismissal is provided on or before the end of the
212010-2011 school term, the teacher in contractual continued
22service is eligible for employment in the joint agreement
23programs for which the teacher is legally qualified in order
24of greater length of continuing service in the joint
25agreement, unless an alternative method of determining the
26sequence of dismissal is established in a collective

 

 

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1bargaining agreement. For any teacher employed after July 1,
21987 as a full-time teacher in a program of a special education
3joint agreement, whether the program is operated by the joint
4agreement or a member district on behalf of the joint
5agreement, in the event of a reduction in the number of
6programs or positions in the joint agreement in which the
7notice of dismissal is provided during the 2011-2012 school
8term or a subsequent school term, the teacher shall be
9included on the honorable dismissal lists of all joint
10agreement programs for positions for which the teacher is
11qualified and is eligible for employment in such programs in
12accordance with subsections (b) and (c) of Section 24-12 of
13this Code and the applicable honorable dismissal policies of
14the joint agreement.
15    (k) For any teacher employed after July 1, 1987 as a
16full-time teacher in a program of a special education joint
17agreement, whether the program is operated by the joint
18agreement or a member district on behalf of the joint
19agreement, in the event of the dissolution of a joint
20agreement, in which the notice to teachers of the dissolution
21is provided during the 2010-2011 school term, the teacher in
22contractual continued service who is legally qualified shall
23be assigned to any comparable position in a member district
24currently held by a teacher who has not entered upon
25contractual continued service or held by a teacher who has
26entered upon contractual continued service with a shorter

 

 

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1length of contractual continued service. Any teacher employed
2after July 1, 1987 as a full-time teacher in a program of a
3special education joint agreement, whether the program is
4operated by the joint agreement or a member district on behalf
5of the joint agreement, in the event of the dissolution of a
6joint agreement in which the notice to teachers of the
7dissolution is provided during the 2011-2012 school term or a
8subsequent school term, the teacher who is qualified shall be
9included on the order of honorable dismissal lists of each
10member district and shall be assigned to any comparable
11position in any such district in accordance with subsections
12(b) and (c) of Section 24-12 of this Code and the applicable
13honorable dismissal policies of each member district.
14    (l) The governing board of the joint agreement, or the
15administrative district, if so authorized by the articles of
16agreement of the joint agreement, rather than the board of
17education of a school district, may carry out employment and
18termination actions including dismissals under this Section
19and Section 24-12.
20    (m) The employment of any teacher in a special education
21program authorized by Section 14-1.01 through 14-14.01, or a
22joint educational program established under Section 10-22.31a,
23shall be under this and the succeeding Sections of this
24Article, and such employment shall be deemed a continuation of
25the previous employment of such teacher in any of the
26participating districts, regardless of the participation of

 

 

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1other districts in the program.
2    (n) Any teacher employed as a full-time teacher in a
3special education program prior to September 23, 1987 in which
42 or more school districts participate for a probationary
5period of 2 consecutive years shall enter upon contractual
6continued service in each of the participating districts,
7subject to this and the succeeding Sections of this Article,
8and, notwithstanding Section 24-1.5 of this Code, in the event
9of the termination of the program shall be eligible for any
10vacant position in any of such districts for which such
11teacher is qualified.
12(Source: P.A. 101-643, eff. 6-18-20.)
 
13    (105 ILCS 5/24-14)  (from Ch. 122, par. 24-14)
14    Sec. 24-14. Termination of contractual continued service
15by teacher. A teacher, as defined in Section 24-11 of this
16Code, who has entered into contractual continued service may
17resign at any time by obtaining concurrence of the board or by
18serving at least 30 days' written notice upon the secretary of
19the board. However, no teacher may resign during the school
20term, without the concurrence of the board, in order to accept
21another teaching assignment. Any teacher terminating said
22service not in accordance with this Section may be referred by
23the board to the State Superintendent of Education. A referral
24to the State Superintendent for an alleged violation of this
25Section must include (i) a dated copy of the teacher's

 

 

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1resignation letter, (ii) a copy of the reporting district's
2current school year calendar, (iii) proof of employment for
3the school year at issue, (iv) documentation showing that the
4district's board did not accept the teacher's resignation, and
5(v) evidence that the teacher left the district in order to
6accept another teaching assignment. The State Superintendent
7or his or her designee shall convene an informal evidentiary
8hearing no later than 90 days after receipt of a resolution by
9the board. If the State Superintendent or his or her designee
10finds that the teacher resigned during the school term without
11the concurrence of the board to accept another teaching
12assignment, the State Superintendent must suspend the
13teacher's license for one calendar year. In lieu of a hearing
14and finding, the teacher may agree to a lesser licensure
15sanction at the discretion of the State Superintendent.
16(Source: P.A. 101-531, eff. 8-23-19.)
 
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 Department of State Police, to the

 

 

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1Department. The regional superintendent submitting the
2requisite information to the Department of State Police shall
3promptly notify the school districts in which the applicant is
4seeking employment as a substitute or concurrent part-time
5teacher or concurrent educational support personnel employee
6that the check of the applicant has been requested. The
7Department of State Police and the Federal Bureau of
8Investigation shall furnish, pursuant to a fingerprint-based
9criminal history records check, records of convictions,
10forever and hereinafter, until expunged, to the president of
11the school board for the school district that requested the
12check, or to the regional superintendent who requested the
13check. The Department shall charge the school district or the
14appropriate regional superintendent a fee for conducting such
15check, which fee shall be deposited in the State Police
16Services Fund and shall not exceed the cost of the inquiry; and
17the applicant shall not be charged a fee for such check by the
18school district 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 Department of State Police by the
23regional superintendent, the State Board of Education and the
24school district as authorized under subsection (b-5), the
25State Superintendent of Education, the State Educator
26Preparation and Licensure Board or any other person necessary

 

 

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1to the decision of hiring the applicant for employment. A copy
2of the record of convictions obtained from the Department of
3State Police shall be provided to the applicant for
4employment. Upon the check of the Statewide Sex Offender
5Database or Statewide Murderer and Violent Offender Against
6Youth Database, the school district or regional superintendent
7shall notify an applicant as to whether or not the applicant
8has been identified in the Database. If a check of an applicant
9for employment as a substitute or concurrent part-time teacher
10or concurrent educational support personnel employee in more
11than one school district was requested by the regional
12superintendent, and the Department of State Police upon a
13check ascertains that the applicant has not been convicted of
14any of the enumerated criminal or drug offenses in subsection
15(c) of this Section or has not been convicted, within 7 years
16of the application for employment with the school district, of
17any other 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 Department of State Police the applicant has
2not been 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 Department of State Police and its own
20check of the Statewide Sex Offender Database or Statewide
21Murderer and Violent Offender Against Youth Database as
22provided in this Section. Any unauthorized release of
23confidential information may be a violation of Section 7 of
24the Criminal Identification 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 an intentional act of abuse or neglect with the
5result of making a child an abused child or a neglected child,
6as defined in Section 3 of the Abused and Neglected Child
7Reporting Act, and that act resulted in the license holder's
8dismissal or resignation from the school district and must
9include the Illinois Educator Identification Number (IEIN) of
10the license holder and a brief description of the misconduct
11alleged. This notification must be submitted within 30 days
12after the dismissal or resignation. The license holder must
13also be contemporaneously sent a copy of the notice by the
14superintendent. All correspondence, documentation, and other
15information so received by the State Superintendent of
16Education, the State Board of Education, or the State Educator
17Preparation and Licensure Board under this subsection (e-5) is
18confidential and must not be disclosed to third parties,
19except (i) as necessary for the State Superintendent of
20Education or his or her designee to investigate and prosecute
21pursuant to Article 21B of this Code, (ii) pursuant to a court
22order, (iii) for disclosure to the license holder or his or her
23representative, or (iv) as otherwise provided in this Article
24and provided that any such information admitted into evidence
25in a hearing is exempt from this confidentiality and
26non-disclosure requirement. Except for an act of willful or

 

 

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

 

 

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

 

 

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

 

 

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1Article II of the Juvenile Court Act of 1987. The board must
2consider the status of a person to student teach who has been
3issued an indicated finding of abuse or neglect of a child by
4the Department of Children and Family Services under the
5Abused and Neglected Child Reporting Act or by a child welfare
6agency of another jurisdiction.
7    (h) (Blank).
8(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
9101-643, eff. 6-18-20.)
 
10    Section 90. The State Mandates Act is amended by adding
11Section 8.45 as follows:
 
12    (30 ILCS 805/8.45 new)
13    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
148 of this Act, no reimbursement by the State is required for
15the implementation of any mandate created by this amendatory
16Act of the 102nd General Assembly.