093_HB1167

 
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 1        AN ACT concerning schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The School Code is amended by adding  Section
 5    7-31 and changing Sections 10-21.9 and 34-18.5 as follows:

 6        (105 ILCS 5/7-31 new)
 7        Sec.   7-31.  Annexation   of   contiguous   portion   of
 8    elementary or high school district.
 9        (a) In this Section:
10        "Contiguous"  means  having  a  common border of not less
11    than 100 linear feet.
12        "Specially qualified professional land surveyor" means  a
13    professional  land surveyor whose credentials include serving
14    or having served as a paid advisor or consultant to at  least
15    2  of  the  following:  any  department,  board,  commission,
16    authority, or other agency of the State of Illinois.
17        (b)  Notwithstanding  any other provision  of  this Code,
18    any contiguous portion of an elementary school district  must
19    be  detached  from  that district and annexed to an adjoining
20    elementary school district  to  which  the  portion  is  also
21    contiguous  and  any  contiguous  portion  of  a  high school
22    district  must be detached from that district and annexed  to
23    an  adjoining  school  district  to which the portion is also
24    contiguous (herein referred to as  "the  Territory")  upon  a
25    petition  or petitions filed under this Section if all of the
26    following conditions are met with respect to each petition:
27             (1)  The Territory is to be detached from  a  school
28        district that is located predominantly (meaning more than
29        50%  of   the  district's  area)  in a county of not less
30        than 2,000,000  and  is  to  be  annexed  into  a  school
31        district located overwhelmingly (meaning more than 75% of
 
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 1        its  area)  in a county of  not less than 750,000 and not
 2        more than 1,500,000, and, on the effective date  of  this
 3        amendatory    Act  of  the  93rd  General  Assembly,  the
 4        Territory consists of not more than 500  acres  of  which
 5        not  more  than 300 acres is vacant land and of which not
 6        more than 200 acres is either  platted  for  or  improved
 7        with  residences  and  is  located predominately (meaning
 8        more than 50% of its area) within a municipality that  is
 9        (i)  located  predominantly (meaning more than 50% of the
10        area of  the municipality) outside the elementary or high
11        school  district  from  which  the  Territory  is  to  be
12        detached and (ii) located partly  or  wholly  within  the
13        territorial  boundaries  of  the  adjoining elementary or
14        high school district to which  the  Territory  is  to  be
15        annexed.  Conclusive  proof   of  the  boundaries of each
16        school district and the municipality is   a  document  or
17        documents  setting forth the boundaries and  certified by
18        the county clerk of each county or by the  clerk  of  the
19        municipality  as  being a correct copy of records on file
20        with the county clerk or the clerk of the municipality as
21        of a date not more than 60 days before the  filing  of  a
22        petition  under  this  Section.  If  the  records  of the
23        respective clerks show boundaries as of different  dates,
24        those  records are deemed contemporaneous for purposes of
25        this Section.
26             (2)  The equalized assessed valuation of the taxable
27        property of the Territory constitutes less  than   5%  of
28        the  equalized assessed valuation of the taxable property
29        of the school district from which it is to  be  detached.
30        Conclusive  proof  of the equalized assessed valuation of
31        each district is a  document  or  documents  stating  the
32        equalized assessed valuation and certified, by the county
33        clerk  of  a county of not less than 2,000,000 and by the
34        county assessor or township assessor in a county  of  not
 
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 1        less than 750,000 and not more than 1,500,000, as correct
 2        by  the  certifying  office as of a date not more than 60
 3        days before the filing of a petition under this  Section.
 4        If  the  records  from  the  2  counties   show equalized
 5        assessed valuation as of different dates,  those  records
 6        are deemed contemporaneous for purposes of this Section.
 7             (3)  The  Territory  is  predominately (meaning more
 8        than 50% of its area)   within  a  municipality  that  is
 9        predominantly  (meaning  more than 50% of the area of the
10        municipality) within a county of not  less  than  750,000
11        and   not  more  than  1,500,000.  Conclusive  proof   of
12        boundaries  of   the  municipality  is  a   document   or
13        documents  setting  forth the boundaries and certified by
14        the county clerk of the county in which the  municipality
15        is located or by the clerk of the municipality as correct
16        as of a date not more than 60 days before the filing of a
17        petition under this Section.
18             (4)  The  Territory,  as  of a date not more than 60
19        days before the  filing  of  a  petition,  has  not  been
20        developed  with  structures  for  commercial,  office, or
21        industrial  uses,  except  for  temporary  buildings   or
22        structures constructed pursuant to a permit or permits by
23        the  applicable  permitting authority for an initial term
24        of not more than  15  years.   Conclusive  proof  of  the
25        development of the land is a notarized statement, as of a
26        date  not  more  than  60  days  before  the  filing of a
27        petition under this Section,  by  a  specially  qualified
28        professional  land  surveyor  licensed  by  the  State of
29        Illinois.
30             (5)  The area of the Territory is 5% or less of  the
31        area of the school  district  from  which  it  is  to  be
32        detached.  Conclusive  proof  of the areas is a notarized
33        written statement by a specially  qualified  professional
34        land surveyor licensed by the State of Illinois.
 
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 1             (6)  Travel  on public roads within 5 miles from the
 2        Territory to  schools in the school district  from  which
 3        the  Territory  is  to  be  detached requires crossing an
 4        interstate highway. Travel on public roads within 5 miles
 5        from the Territory to  schools in the school district  to
 6        which the Territory is to be  annexed  does  not  require
 7        crossing  an  interstate highway. Conclusive proof of the
 8        facts in  this  paragraph  (6)  is  a  notarized  written
 9        statement  by  a  specially  qualified  professional land
10        surveyor licensed by the State of  Illinois.
11        (c)  No school district may lose  more  than  5%  of  its
12    equalized   assessed  valuation  nor  more  than  5%  of  its
13    territory through petitions filed under this  Section.  If  a
14    petition  seeks  to  detach  territory that would result in a
15    cumulative total of more than 5% of the district's  equalized
16    assessed   valuation  or  more  than  5%  of  the  district's
17    territory being detached under  this  Section,  the  petition
18    shall be denied without prejudice to its being filed pursuant
19    to Section 7-6 of this Code.
20        (d)  Conclusive  proof  of the  population of a county is
21    the most recent federal decennial census.
22        (e)  A petition filed under this Section with respect  to
23    the Territory must be filed with the regional board of school
24    trustees of the county where the Territory is located (herein
25    referred to as the Regional Board) at its regular offices not
26    later  than  the  24  months after the effective date of this
27    amendatory Act of the 93rd General Assembly and  (i)  in  the
28    case  of   any  portion  of the Territory not developed  with
29    residences, signed by or on behalf of the taxpayers of record
30    of properties constituting 60% or more of  the  land  not  so
31    developed  and  (ii)  in  the  case  of  any  portion  of the
32    Territory developed by residences, signed by 60% or  more  of
33    registered  voters  residing  in  the  residences. Conclusive
34    proof of who are  the  taxpayers  of  record  is  a  document
 
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 1    certified  by the assessor of the county or township in which
 2    the property is located as of a date not more  than  60  days
 3    before   the   filing  of  a  petition  under  this  Section.
 4    Conclusive proof of who are registered voters is  a  document
 5    certified  by  the  board  of  election commissioners for the
 6    county in which the registered voters reside as of a date not
 7    earlier than 60 days  before  the  filing  of  the  petition.
 8    Conclusive proof of the area of the Territory and the area of
 9    properties  within  the  Territory  is  a survey or notarized
10    statement, as of a date not more  than  60  days  before  the
11    filing of the petition, by a specially qualified professional
12    land surveyor licensed by the State of  Illinois.
13        (f)  The  Regional  Board must (1) hold a hearing on each
14    petition at its regular offices within 90 days after the date
15    of filing; (2) render a  decision  granting  or  denying  the
16    petition  within 30 days after the hearing; and (3) within 14
17    days after the decision, serve a  copy  of  the  decision  by
18    certified   mail,   return   receipt   requested,   upon  the
19    petitioners  and  upon  the  school  boards  of  the   school
20    districts  from which the territory described in the petition
21    is sought to be detached and to which the territory is sought
22    to be annexed.  If  petitions  are  filed  pertaining  to  an
23    elementary   school  district  and  a  high  school  district
24    described in this Section, if the petitions pertain  to  land
25    not  developed  with  residences,  and if the 2 petitions are
26    filed within 28 days of each other,  the  petitions  must  be
27    consolidated  for  hearing and heard at the same hearing.  If
28    petitions  are  filed  pertaining  to  an  elementary  school
29    district  and  a  high  school  district  described  in  this
30    Section, if the petitions  pertain  to  land  developed  with
31    residences,  and if the petitions are filed within 28 days of
32    each other, the 2 petitions must be consolidated for  hearing
33    and heard at the same hearing. If the Regional Board does not
34    serve  a  copy  of  the  decision  within the time and in the
 
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 1    manner required, any petitioner has the right to  obtain,  in
 2    the  circuit  court  of  the county in which the petition was
 3    filed, a mandamus requiring the Regional Board to  serve  the
 4    decision  immediately  to the parties in the manner required.
 5    Upon proof  that  the  Regional  Board  has  not  served  the
 6    decision  to  the  parties  or  in  the  manner required, the
 7    circuit court must immediately issue the order.
 8        The Regional Board has no authority or discretion to hear
 9    any evidence or consider any issues  at  the  hearing  except
10    those   that  may  be  necessary  to  determine  whether  the
11    conditions and limitations of this Section have been met.  If
12    the Regional Board finds that such conditions and limitations
13    have been met, the Regional Board must grant the petition.
14        The  Regional  Board  must (i) give written notice of the
15    time and place of the hearing not less than 30 days prior  to
16    the  date  of  the  hearing to the school board of the school
17    district from which the territory described in  the  petition
18    is  to  be  detached  and  to  the school board of the school
19    district to which the territory is to  be  annexed  and  (ii)
20    publish  notice  of  the  hearing  in  a  newspaper  that  is
21    circulated within the county in which the territory described
22    in  the  petition  is  located  and  is circulated within the
23    school districts whose school boards are entitled to notice.
24        (g)  If the granting  of  a  petition  filed  under  this
25    Section  has  become  final  either  through  failure to seek
26    administrative review or by the final decision of a court  on
27    review,  the change in boundaries becomes effective forthwith
28    and for all purposes, except that if granting of the petition
29    becomes final between September 1 of any year and June 30  of
30    the  following  year, the administration of and attendance at
31    the schools are not affected until July 1  of  the  following
32    year,  at  which  time   the change becomes effective for all
33    purposes. After the granting of the petition  becomes  final,
34    the  date when the change  becomes  effective for purposes of
 
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 1    administration and  attendance  may,  in  the  case  of  land
 2    improved  with residences, be accelerated or postponed either
 3    (i) by  stipulation  of  the  school  boards  of  the  school
 4    districts  from which the territory described in the petition
 5    is detached and to which the territory is annexed or (ii)  by
 6    stipulation   of    the  registered  voters  who  signed  the
 7    petition. Their stipulation may be contained in the  petition
 8    or a separate document signed by them. Their stipulation must
 9    be  filed  with  the  Regional  Board not later than 120 days
10    after approval of their petition. The parent  or  parents  or
11    the guardian of each student in the affected school districts
12    shall  have  the  right  to  have the student continue in the
13    school  that  the  student  is  currently   attending   until
14    graduation from that school or a shorter period if requested.
15        (h)  The  decision  of  the  Regional  Board  is  a final
16    "administrative decision" as defined in Section 3-101 of  the
17    Code  of  Civil  Procedure,  and any petitioner or the school
18    board of  the school district from which the land  is  to  be
19    detached or of the school district to which the land is to be
20    annexed  may,  within  35  days  after a copy of the decision
21    sought to be reviewed was served by certified mail  upon  the
22    affected party thereby or upon an attorney of record for such
23    party,  apply for a review of the decision in accordance with
24    the Administrative Review Law and the rules adopted  pursuant
25    to the Administrative Review Law. Standing to apply for or in
26    any manner seek review of the decision is limited exclusively
27    to a petitioner or school district described in this Section.
28        The  commencement of any action for review  operates as a
29    supersedeas, and no further proceedings  are  allowed   until
30    final  disposition  of  the  review. The circuit court of the
31    county in which the petition is filed with the Regional Board
32    has sole jurisdiction to entertain a complaint for review.
33        (i)  This Section (i) is  not  limited  by  and  operates
34    independently  of  all  other  provisions of this Article and
 
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 1    (ii) constitutes  complete  authority  for  the  granting  or
 2    denial  by  the Regional Board of a petition filed under this
 3    Section when the conditions prescribed by  this  Section  for
 4    the  filing  of  that petition are met or not met as the case
 5    may be.

 6        (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
 7        Sec. 10-21.9.  Criminal background investigations.
 8        (a)  Except as otherwise provided in subsection (a-5)  of
 9    this Section After August 1, 1985, certified and noncertified
10    applicants  for  employment  with  a school district, (except
11    school bus driver applicants) and student  teachers  assigned
12    to  the  district, are required, as a condition of employment
13    or  student  teaching  in  that  district,  to  authorize  an
14    investigation to determine  if  such  applicants  or  student
15    teachers  have  been  convicted  of  any  of  the  enumerated
16    criminal  or  drug offenses in subsection (c) of this Section
17    or have been convicted, within 7 years of the application for
18    employment with the school district or of being assigned as a
19    student teacher to that district, of any other  felony  under
20    the  laws  of  this  State  or  of  any  offense committed or
21    attempted in any other state  or  against  the  laws  of  the
22    United  States that, if committed or attempted in this State,
23    would have been punishable as a felony under the laws of this
24    State. Authorization for the investigation shall be furnished
25    by the applicant or student teacher to the  school  district,
26    except  that if the applicant is a substitute teacher seeking
27    employment in  more  than  one  school  district,  a  teacher
28    seeking  concurrent  part-time employment positions with more
29    than one school district (as a  reading  specialist,  special
30    education  teacher  or  otherwise), or an educational support
31    personnel employee seeking  employment  positions  with  more
32    than   one  district,  any  such  district  may  require  the
33    applicant to furnish authorization for the  investigation  to
 
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 1    the regional superintendent of the educational service region
 2    in  which  are  located  the  school  districts  in which the
 3    applicant is seeking employment as a substitute or concurrent
 4    part-time teacher or concurrent educational support personnel
 5    employee. Upon receipt  of  this  authorization,  the  school
 6    district  or  the appropriate regional superintendent, as the
 7    case  may  be,  shall  submit  the  applicant's  or   student
 8    teacher's  name, sex, race, date of birth and social security
 9    number to the Department of State Police on forms  prescribed
10    by the Department. The regional superintendent submitting the
11    requisite information to the Department of State Police shall
12    promptly  notify  the school districts in which the applicant
13    is seeking employment as a substitute or concurrent part-time
14    teacher or concurrent educational support personnel  employee
15    that  the  investigation of the applicant has been requested.
16    The Department of State Police shall conduct an investigation
17    to ascertain if the applicant being considered for employment
18    or  student  teacher  has  been  convicted  of  any  of   the
19    enumerated criminal or drug offenses in subsection (c) or has
20    been  convicted,  within  7  years  of  the  application  for
21    employment with the school district or of being assigned as a
22    student  teacher  to that district, of any other felony under
23    the laws of  this  State  or  of  any  offense  committed  or
24    attempted  in  any  other  state  or  against the laws of the
25    United States that, if committed or attempted in this  State,
26    would have been punishable as a felony under the laws of this
27    State.    The  Department shall charge the school district or
28    the appropriate regional superintendent a fee for  conducting
29    such investigation, which fee shall be deposited in the State
30    Police  Services  Fund  and  shall not exceed the cost of the
31    inquiry; and the applicant or student teacher  shall  not  be
32    charged  a  fee for such investigation by the school district
33    or   by   the   regional   superintendent.    The    regional
34    superintendent may seek reimbursement from the State Board of
 
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 1    Education or the appropriate school district or districts for
 2    fees  paid  by  the regional superintendent to the Department
 3    for the criminal background investigations required  by  this
 4    Section.
 5        (a-5)  If  a  student  teacher  has  undergone a criminal
 6    background investigation under this Section  and,  within  18
 7    months  after  the  investigation  is  conducted, that former
 8    student teacher is hired as a  full-time  employee  with  the
 9    school district, then the former student teacher shall not be
10    required to undergo another criminal background investigation
11    under this Section.
12        (b)  The  Department  shall furnish, pursuant to positive
13    identification, records of convictions,  until  expunged,  to
14    the  president  of  the  school board for the school district
15    which  requested  the  investigation,  or  to  the   regional
16    superintendent   who   requested   the   investigation.   Any
17    information concerning the record of convictions obtained  by
18    the   president   of   the   school  board  or  the  regional
19    superintendent  shall  be  confidential  and  may   only   be
20    transmitted  to  the superintendent of the school district or
21    his designee, the appropriate regional superintendent if  the
22    investigation  was  requested  by  the  school  district, the
23    presidents  of  the  appropriate   school   boards   if   the
24    investigation  was  requested  from  the  Department of State
25    Police   by   the   regional   superintendent,   the    State
26    Superintendent  of Education, the State Teacher Certification
27    Board or any other person necessary to the decision of hiring
28    the applicant for employment or assigning the student teacher
29    to a school district.  A copy of the  record  of  convictions
30    obtained  from  the  Department  of  State  Police  shall  be
31    provided  to the applicant for employment or student teacher.
32    If an investigation of  an  applicant  for  employment  as  a
33    substitute  or  concurrent  part-time  teacher  or concurrent
34    educational support  personnel  employee  in  more  than  one
 
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 1    school district was requested by the regional superintendent,
 2    and   the  Department  of  State  Police  upon  investigation
 3    ascertains that the applicant has not been convicted  of  any
 4    of the enumerated criminal or drug offenses in subsection (c)
 5    or  has not been convicted, within 7 years of the application
 6    for employment with the school district, of any other  felony
 7    under  the  laws of this State or of any offense committed or
 8    attempted in any other state  or  against  the  laws  of  the
 9    United  States that, if committed or attempted in this State,
10    would have been punishable as a felony under the laws of this
11    State and so notifies the regional superintendent,  then  the
12    regional  superintendent  shall  issue  to  the  applicant  a
13    certificate  evidencing  that as of the date specified by the
14    Department  of  State  Police  the  applicant  has  not  been
15    convicted of any of the enumerated criminal or drug  offenses
16    in  subsection  (c) or has not been convicted, within 7 years
17    of the application for employment with the  school  district,
18    of  any  other  felony under the laws of this State or of any
19    offense committed or attempted in any other state or  against
20    the laws of the United States that, if committed or attempted
21    in  this  State, would have been punishable as a felony under
22    the laws of this State.   The  school  board  of  any  school
23    district  located in the educational service region served by
24    the regional superintendent who issues such a certificate  to
25    an  applicant  for employment as a substitute teacher in more
26    than one such district may rely on the certificate issued  by
27    the   regional  superintendent  to  that  applicant,  or  may
28    initiate its own investigation of the applicant  through  the
29    Department of State Police as provided in subsection (a). Any
30    person  who  releases any confidential information concerning
31    any criminal convictions of an applicant  for  employment  or
32    student  teacher  shall  be  guilty of a Class A misdemeanor,
33    unless the release of such information is authorized by  this
34    Section.
 
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 1        (c)  No  school  board shall knowingly employ a person or
 2    knowingly allow a  person  to  student  teach  who  has  been
 3    convicted for committing attempted first degree murder or for
 4    committing  or  attempting to commit first degree murder or a
 5    Class X felony or any one or more of the following  offenses:
 6    (i)  those  defined  in  Sections  11-6,  11-9, 11-14, 11-15,
 7    11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
 8    11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
 9    "Criminal Code of 1961"; (ii) those defined in the  "Cannabis
10    Control  Act" except those defined in Sections 4(a), 4(b) and
11    5(a) of that  Act;  (iii)  those  defined  in  the  "Illinois
12    Controlled Substances Act"; and (iv) any offense committed or
13    attempted  in  any  other  state  or  against the laws of the
14    United States, which if committed or attempted in this State,
15    would have been punishable as one or more  of  the  foregoing
16    offenses.  Further,  no school board shall knowingly employ a
17    person or knowingly allow a person to student teach  who  has
18    been  found to be the perpetrator of sexual or physical abuse
19    of any minor under 18 years of age  pursuant  to  proceedings
20    under Article II of the Juvenile Court Act of 1987.
21        (d)  No  school  board shall knowingly employ a person or
22    knowingly allow a person to student teach for whom a criminal
23    background investigation has not been initiated.
24        (e)  Upon receipt of the record of a conviction of  or  a
25    finding  of child abuse by a holder of any certificate issued
26    pursuant to Article 21 or Section  34-8.1  or  34-83  of  the
27    School  Code,  the  appropriate  regional  superintendent  of
28    schools  or  the  State  Superintendent  of  Education  shall
29    initiate    the   certificate   suspension   and   revocation
30    proceedings authorized by law.
31        (f)  After January 1, 1990 the provisions of this Section
32    shall apply to all employees  of  persons  or  firms  holding
33    contracts with any school district including, but not limited
34    to,  food  service  workers,  school  bus  drivers  and other
 
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 1    transportation employees, who have direct, daily contact with
 2    the pupils of any school in such district.  For  purposes  of
 3    criminal background investigations on employees of persons or
 4    firms  holding  contracts  with more than one school district
 5    and assigned to more than one school district,  the  regional
 6    superintendent of the educational service region in which the
 7    contracting  school districts are located may, at the request
 8    of any such school district, be responsible for receiving the
 9    authorization  for  investigation  prepared  by   each   such
10    employee  and  submitting the same to the Department of State
11    Police.  Any information concerning the record of  conviction
12    of  any such employee obtained by the regional superintendent
13    shall  be  promptly  reported  to  the   president   of   the
14    appropriate school board or school boards.
15    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

16        (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
17        Sec. 34-18.5.  Criminal background investigations.
18        (a)  Except  as otherwise provided in subsection (a-5) of
19    this Section After August 1, 1985, certified and noncertified
20    applicants  for  employment  with  the  school  district  and
21    student teachers assigned to the district are required, as  a
22    condition of employment or student teaching in that district,
23    to authorize an investigation to determine if such applicants
24    or  student  teachers  have  been  convicted  of  any  of the
25    enumerated criminal or drug offenses  in  subsection  (c)  of
26    this  Section  or  have been convicted, within 7 years of the
27    application for employment with the  school  district  or  of
28    being  assigned as a student teacher to that district, of any
29    other felony under the laws of this State or of  any  offense
30    committed or attempted in any other state or against the laws
31    of  the United States that, if committed or attempted in this
32    State, would have been punishable as a felony under the  laws
33    of  this  State. Authorization for the investigation shall be
 
                            -14-     LRB093 04013 NHT 04052 b
 1    furnished by the applicant or student teacher to  the  school
 2    district,  except  that  if  the  applicant  is  a substitute
 3    teacher seeking employment in more than one school  district,
 4    or   a   teacher   seeking  concurrent  part-time  employment
 5    positions with more than one school district  (as  a  reading
 6    specialist,  special  education  teacher or otherwise), or an
 7    educational support  personnel  employee  seeking  employment
 8    positions  with more than one district, any such district may
 9    require  the  applicant  to  furnish  authorization  for  the
10    investigation  to  the   regional   superintendent   of   the
11    educational  service  region  in which are located the school
12    districts in which the applicant is seeking employment  as  a
13    substitute  or  concurrent  part-time  teacher  or concurrent
14    educational support personnel employee. Upon receipt of  this
15    authorization,   the   school  district  or  the  appropriate
16    regional superintendent, as the case may be, shall submit the
17    applicant's or student teacher's name,  sex,  race,  date  of
18    birth  and  social security number to the Department of State
19    Police on forms prescribed by the  Department.  The  regional
20    superintendent  submitting  the  requisite information to the
21    Department of State Police shall promptly notify  the  school
22    districts  in  which the applicant is seeking employment as a
23    substitute or  concurrent  part-time  teacher  or  concurrent
24    educational support personnel employee that the investigation
25    of  the applicant has been requested. The Department of State
26    Police shall conduct an investigation  to  ascertain  if  the
27    applicant  being considered for employment or student teacher
28    has been convicted of any of the enumerated criminal or  drug
29    offenses  in  subsection  (c) or has been convicted, within 7
30    years of the  application  for  employment  with  the  school
31    district  or  of  being assigned as a student teacher to that
32    district, of any other felony under the laws of this State or
33    of any offense committed or attempted in any other  state  or
34    against  the  laws of the United States that, if committed or
 
                            -15-     LRB093 04013 NHT 04052 b
 1    attempted in this State, would  have  been  punishable  as  a
 2    felony  under  the  laws of this State.  The Department shall
 3    charge  the  school  district  or  the  appropriate  regional
 4    superintendent a fee for conducting such investigation, which
 5    fee shall be deposited in the State Police Services Fund  and
 6    shall  not  exceed the cost of the inquiry; and the applicant
 7    or student teacher shall  not  be  charged  a  fee  for  such
 8    investigation  by  the  school  district  or  by the regional
 9    superintendent.   The  regional   superintendent   may   seek
10    reimbursement  from  the  State  Board  of  Education  or the
11    appropriate school district or districts for fees paid by the
12    regional superintendent to the Department  for  the  criminal
13    background investigations required by this Section.
14        (a-5)  If  a  student  teacher  has  undergone a criminal
15    background investigation under this Section  and,  within  18
16    months  after  the  investigation  is  conducted, that former
17    student teacher is hired as a  full-time  employee  with  the
18    school district, then the former student teacher shall not be
19    required to undergo another criminal background investigation
20    under this Section.
21        (b)  The  Department  shall furnish, pursuant to positive
22    identification, records of convictions,  until  expunged,  to
23    the  president  of  the  board  of  education  for the school
24    district  which  requested  the  investigation,  or  to   the
25    regional superintendent who requested the investigation.  Any
26    information  concerning the record of convictions obtained by
27    the president of the  board  of  education  or  the  regional
28    superintendent   shall   be  confidential  and  may  only  be
29    transmitted to  the  general  superintendent  of  the  school
30    district   or   his   designee,   the   appropriate  regional
31    superintendent if the  investigation  was  requested  by  the
32    board of education for the school district, the presidents of
33    the  appropriate  board  of education or school boards if the
34    investigation was requested  from  the  Department  of  State
 
                            -16-     LRB093 04013 NHT 04052 b
 1    Police    by   the   regional   superintendent,   the   State
 2    Superintendent of Education, the State Teacher  Certification
 3    Board or any other person necessary to the decision of hiring
 4    the applicant for employment or assigning the student teacher
 5    to  a  school  district.  A copy of the record of convictions
 6    obtained  from  the  Department  of  State  Police  shall  be
 7    provided to the applicant for employment or student  teacher.
 8    If  an  investigation  of  an  applicant  for employment as a
 9    substitute or  concurrent  part-time  teacher  or  concurrent
10    educational  support  personnel  employee  in  more  than one
11    school district was requested by the regional superintendent,
12    and  the  Department  of  State  Police  upon   investigation
13    ascertains  that  the applicant has not been convicted of any
14    of the enumerated criminal or drug offenses in subsection (c)
15    or has not been convicted, within 7 years of the  application
16    for  employment with the school district, of any other felony
17    under the laws of this State or of any offense  committed  or
18    attempted  in  any  other  state  or  against the laws of the
19    United States that, if committed or attempted in this  State,
20    would have been punishable as a felony under the laws of this
21    State  and  so notifies the regional superintendent, then the
22    regional  superintendent  shall  issue  to  the  applicant  a
23    certificate evidencing that as of the date specified  by  the
24    Department  of  State  Police  the  applicant  has  not  been
25    convicted  of any of the enumerated criminal or drug offenses
26    in subsection (c) or has not been convicted, within  7  years
27    of  the  application for employment with the school district,
28    of any other felony under the laws of this State  or  of  any
29    offense  committed or attempted in any other state or against
30    the laws of the United States that, if committed or attempted
31    in this State, would have been punishable as a  felony  under
32    the  laws  of  this  State.   The  school board of any school
33    district located in the educational service region served  by
34    the  regional superintendent who issues such a certificate to
 
                            -17-     LRB093 04013 NHT 04052 b
 1    an applicant for employment as  a  substitute  or  concurrent
 2    part-time teacher or concurrent educational support personnel
 3    employee  in  more  than  one  such  district may rely on the
 4    certificate issued by the  regional  superintendent  to  that
 5    applicant,  or  may  initiate  its  own  investigation of the
 6    applicant through the Department of State Police as  provided
 7    in  subsection  (a). Any person who releases any confidential
 8    information  concerning  any  criminal  convictions   of   an
 9    applicant  for  employment or student teacher shall be guilty
10    of  a  Class  A  misdemeanor,  unless  the  release  of  such
11    information is authorized by this Section.
12        (c)  The board of education shall not knowingly employ  a
13    person  or  knowingly allow a person to student teach who has
14    been convicted for committing attempted first  degree  murder
15    or for committing or attempting to commit first degree murder
16    or  a  Class  X  felony  or  any one or more of the following
17    offenses:  (i) those defined in Sections 11-6,  11-9,  11-14,
18    11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
19    11-20, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15 and 12-16
20    of  the  Criminal  Code  of  1961;  (ii) those defined in the
21    Cannabis Control Act, except those defined in Sections  4(a),
22    4(b)  and  5(a)  of  that  Act;  (iii)  those  defined in the
23    Illinois Controlled Substances  Act;  and  (iv)  any  offense
24    committed or attempted in any other state or against the laws
25    of the United States, which if committed or attempted in this
26    State,  would  have  been  punishable  as  one or more of the
27    foregoing offenses. Further, the board of education shall not
28    knowingly employ a person or  knowingly  allow  a  person  to
29    student  teach  who  has  been found to be the perpetrator of
30    sexual or physical abuse of any minor under 18 years  of  age
31    pursuant  to  proceedings  under  Article  II of the Juvenile
32    Court Act of 1987.
33        (d)  The board of education shall not knowingly employ  a
34    person  or knowingly allow a person to student teach for whom
 
                            -18-     LRB093 04013 NHT 04052 b
 1    a criminal background investigation has not been initiated.
 2        (e)  Upon receipt of the record of a conviction of  or  a
 3    finding  of child abuse by a holder of any certificate issued
 4    pursuant to Article 21 or Section  34-8.1  or  34-83  of  the
 5    School   Code,   the   board   of   education  or  the  State
 6    Superintendent of Education shall  initiate  the  certificate
 7    suspension and revocation proceedings authorized by law.
 8        (f)  After March 19, 1990, the provisions of this Section
 9    shall  apply  to  all  employees  of persons or firms holding
10    contracts with any school district including, but not limited
11    to, food  service  workers,  school  bus  drivers  and  other
12    transportation employees, who have direct, daily contact with
13    the  pupils  of  any school in such district. For purposes of
14    criminal background investigations on employees of persons or
15    firms holding contracts with more than  one  school  district
16    and  assigned  to more than one school district, the regional
17    superintendent of the educational service region in which the
18    contracting school districts are located may, at the  request
19    of any such school district, be responsible for receiving the
20    authorization   for   investigation  prepared  by  each  such
21    employee and submitting the same to the Department  of  State
22    Police.   Any information concerning the record of conviction
23    of any such employee obtained by the regional  superintendent
24    shall   be   promptly   reported  to  the  president  of  the
25    appropriate school board or school boards.
26    (Source: P.A. 90-566, eff. 1-2-98; 91-885, eff. 7-6-00.)

27        Section 90.  The State Mandates Act is amended by  adding
28    Section 8.27 as follows:

29        (30 ILCS 805/8.27 new)
30        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
31    and 8 of this Act, no reimbursement by the State is  required
32    for  the  implementation  of  any  mandate  created  by  this
 
                            -19-     LRB093 04013 NHT 04052 b
 1    amendatory Act of the 93rd General Assembly.

 2        Section  99.  Effective date.  This Act takes effect upon
 3    becoming law.