Illinois General Assembly - Full Text of SB0136
Illinois General Assembly

Previous General Assemblies

Full Text of SB0136  97th General Assembly




State of Illinois
2011 and 2012


Introduced 1/27/2011, by Sen. Edward D. Maloney


105 ILCS 5/2-3.25o
105 ILCS 5/26-1  from Ch. 122, par. 26-1

    Amends the School Code. Requires the parents or legal guardians of children attending non-public schools, a defined term, or private or parochial schools to annually register their children with the State Board of Education, in conformance with procedures prescribed by the State Board of Education.

LRB097 02721 NHT 42742 b






SB0136LRB097 02721 NHT 42742 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
52-3.25o and 26-1 as follows:
6    (105 ILCS 5/2-3.25o)
7    Sec. 2-3.25o. Registration and recognition of non-public
8elementary and secondary schools; student registration.
9    (a) Findings. The General Assembly finds and declares (i)
10that the Constitution of the State of Illinois provides that a
11"fundamental goal of the People of the State is the educational
12development of all persons to the limits of their capacities"
13and (ii) that the educational development of every school
14student serves the public purposes of the State. In order to
15ensure that all Illinois students and teachers have the
16opportunity to enroll and work in State-approved educational
17institutions and programs, the State Board of Education shall
18provide for the voluntary registration and recognition of
19non-public elementary and secondary schools.
20    (b) Registration. All non-public elementary and secondary
21schools in the State of Illinois may voluntarily register with
22the State Board of Education on an annual basis. Registration
23shall be completed in conformance with procedures prescribed by



SB0136- 2 -LRB097 02721 NHT 42742 b

1the State Board of Education. Information required for
2registration shall include assurances of compliance (i) with
3federal and State laws regarding health examination and
4immunization, attendance, length of term, and
5nondiscrimination and (ii) with applicable fire and health
6safety requirements.
7    The parents or legal guardians of all children attending
8non-public elementary or secondary schools in this State must
9annually register their children with the State Board of
10Education, in conformance with procedures prescribed by the
11State Board of Education.
12    (c) Recognition. All non-public elementary and secondary
13schools in the State of Illinois may voluntarily seek the
14status of "Non-public School Recognition" from the State Board
15of Education. This status may be obtained by compliance with
16administrative guidelines and review procedures as prescribed
17by the State Board of Education. The guidelines and procedures
18must recognize that some of the aims and the financial bases of
19non-public schools are different from public schools and will
20not be identical to those for public schools, nor will they be
21more burdensome. The guidelines and procedures must also
22recognize the diversity of non-public schools and shall not
23impinge upon the noneducational relationships between those
24schools and their clientele.
25    (c-5) Prohibition against recognition. A non-public
26elementary or secondary school may not obtain "Non-public



SB0136- 3 -LRB097 02721 NHT 42742 b

1School Recognition" status unless the school requires all
2certified and non-certified applicants for employment with the
3school, after July 1, 2007, to authorize a fingerprint-based
4criminal history records check as a condition of employment to
5determine if such applicants have been convicted of any of the
6enumerated criminal or drug offenses set forth in Section
721-23a of this Code or have been convicted, within 7 years of
8the application for employment, of any other felony under the
9laws of this State or of any offense committed or attempted in
10any other state or against the laws of the United States that,
11if committed or attempted in this State, would have been
12punishable as a felony under the laws of this State.
13    Authorization for the check shall be furnished by the
14applicant to the school, except that if the applicant is a
15substitute teacher seeking employment in more than one
16non-public school, a teacher seeking concurrent part-time
17employment positions with more than one non-public school (as a
18reading specialist, special education teacher, or otherwise),
19or an educational support personnel employee seeking
20employment positions with more than one non-public school, then
21only one of the non-public schools employing the individual
22shall request the authorization. Upon receipt of this
23authorization, the non-public school 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 Department



SB0136- 4 -LRB097 02721 NHT 42742 b

1of State Police.
2    The Department of State Police and Federal Bureau of
3Investigation shall furnish, pursuant to a fingerprint-based
4criminal history records check, records of convictions,
5forever and hereafter, until expunged, to the president or
6principal of the non-public school that requested the check.
7The Department of State Police shall charge that school a fee
8for conducting such check, which fee must be deposited into the
9State Police Services Fund and must not exceed the cost of the
10inquiry. Subject to appropriations for these purposes, the
11State Superintendent of Education shall reimburse non-public
12schools for fees paid to obtain criminal history records checks
13under this Section.
14    A non-public school may not obtain recognition status
15unless the school also performs a check of the Statewide Sex
16Offender Database, as authorized by the Sex Offender Community
17Notification Law, for each applicant for employment, after July
181, 2007, to determine whether the applicant has been
19adjudicated a sex offender.
20    Any information concerning the record of convictions
21obtained by a non-public school's president or principal under
22this Section is confidential and may be disseminated only to
23the governing body of the non-public school or any other person
24necessary to the decision of hiring the applicant for
25employment. A copy of the record of convictions obtained from
26the Department of State Police shall be provided to the



SB0136- 5 -LRB097 02721 NHT 42742 b

1applicant for employment. Upon a check of the Statewide Sex
2Offender Database, the non-public school shall notify the
3applicant as to whether or not the applicant has been
4identified in the Sex Offender Database as a sex offender. Any
5information concerning the records of conviction obtained by
6the non-public school's president or principal under this
7Section for a substitute teacher seeking employment in more
8than one non-public school, a teacher seeking concurrent
9part-time employment positions with more than one non-public
10school (as a reading specialist, special education teacher, or
11otherwise), or an educational support personnel employee
12seeking employment positions with more than one non-public
13school may be shared with another non-public school's principal
14or president to which the applicant seeks employment. Any
15person who releases any criminal history record information
16concerning an applicant for employment is guilty of a Class A
17misdemeanor and may be subject to prosecution under federal
18law, unless the release of such information is authorized by
19this Section.
20    No non-public school may obtain recognition status that
21knowingly employs a person, hired after July 1, 2007, for whom
22a Department of State Police and Federal Bureau of
23Investigation fingerprint-based criminal history records check
24and a Statewide Sex Offender Database check has not been
25initiated or who has been convicted of any offense enumerated
26in Section 21-23a of this Code or any offense committed or



SB0136- 6 -LRB097 02721 NHT 42742 b

1attempted in any other state or against the laws of the United
2States that, if committed or attempted in this State, would
3have been punishable as one or more of those offenses. No
4non-public school may obtain recognition status under this
5Section that knowingly employs a person who has been found to
6be the perpetrator of sexual or physical abuse of a minor under
718 years of age pursuant to proceedings under Article II of the
8Juvenile Court Act of 1987.
9    In order to obtain recognition status under this Section, a
10non-public school must require compliance with the provisions
11of this subsection (c-5) from all employees of persons or firms
12holding contracts with the school, including, but not limited
13to, food service workers, school bus drivers, and other
14transportation employees, who have direct, daily contact with
15pupils. Any information concerning the records of conviction or
16identification as a sex offender of any such employee obtained
17by the non-public school principal or president must be
18promptly reported to the school's governing body.
19    (d) Public purposes. The provisions of this Section are in
20the public interest, for the public benefit, and serve secular
21public purposes.
22    (e) Definition. For purposes of this Section, a non-public
23school means any non-profit, non-home-based, and non-public
24elementary or secondary school that is in compliance with Title
25VI of the Civil Rights Act of 1964 and attendance at which
26satisfies the requirements of Section 26-1 of this Code.



SB0136- 7 -LRB097 02721 NHT 42742 b

1(Source: P.A. 95-351, eff. 8-23-07; 96-431, eff. 8-13-09.)
2    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
3    Sec. 26-1. Compulsory school age-Exemptions. Whoever has
4custody or control of any child between the ages of 7 and 17
5years (unless the child has already graduated from high school)
6shall cause such child to attend some public school in the
7district wherein the child resides the entire time it is in
8session during the regular school term, except as provided in
9Section 10-19.1, and during a required summer school program
10established under Section 10-22.33B; provided, that the
11following children shall not be required to attend the public
13        1. Any child attending a private or a parochial school
14    where children are taught the branches of education taught
15    to children of corresponding age and grade in the public
16    schools, and where the instruction of the child in the
17    branches of education is in the English language, provided
18    that the parents or legal guardians of the child annually
19    register the child with the State Board of Education in
20    accordance with procedures prescribed by the State Board of
21    Education;
22        2. Any child who is physically or mentally unable to
23    attend school, such disability being certified to the
24    county or district truant officer by a competent physician
25    licensed in Illinois to practice medicine and surgery in



SB0136- 8 -LRB097 02721 NHT 42742 b

1    all its branches, a chiropractic physician licensed under
2    the Medical Practice Act of 1987, an advanced practice
3    nurse who has a written collaborative agreement with a
4    collaborating physician that authorizes the advanced
5    practice nurse to perform health examinations, a physician
6    assistant who has been delegated the authority to perform
7    health examinations by his or her supervising physician, or
8    a Christian Science practitioner residing in this State and
9    listed in the Christian Science Journal; or who is excused
10    for temporary absence for cause by the principal or teacher
11    of the school which the child attends; the exemptions in
12    this paragraph (2) do not apply to any female who is
13    pregnant or the mother of one or more children, except
14    where a female is unable to attend school due to a
15    complication arising from her pregnancy and the existence
16    of such complication is certified to the county or district
17    truant officer by a competent physician;
18        3. Any child necessarily and lawfully employed
19    according to the provisions of the law regulating child
20    labor may be excused from attendance at school by the
21    county superintendent of schools or the superintendent of
22    the public school which the child should be attending, on
23    certification of the facts by and the recommendation of the
24    school board of the public school district in which the
25    child resides. In districts having part time continuation
26    schools, children so excused shall attend such schools at



SB0136- 9 -LRB097 02721 NHT 42742 b

1    least 8 hours each week;
2        4. Any child over 12 and under 14 years of age while in
3    attendance at confirmation classes;
4        5. Any child absent from a public school on a
5    particular day or days or at a particular time of day for
6    the reason that he is unable to attend classes or to
7    participate in any examination, study or work requirements
8    on a particular day or days or at a particular time of day,
9    because the tenets of his religion forbid secular activity
10    on a particular day or days or at a particular time of day.
11    Each school board shall prescribe rules and regulations
12    relative to absences for religious holidays including, but
13    not limited to, a list of religious holidays on which it
14    shall be mandatory to excuse a child; but nothing in this
15    paragraph 5 shall be construed to limit the right of any
16    school board, at its discretion, to excuse an absence on
17    any other day by reason of the observance of a religious
18    holiday. A school board may require the parent or guardian
19    of a child who is to be excused from attending school due
20    to the observance of a religious holiday to give notice,
21    not exceeding 5 days, of the child's absence to the school
22    principal or other school personnel. Any child excused from
23    attending school under this paragraph 5 shall not be
24    required to submit a written excuse for such absence after
25    returning to school; and
26        6. Any child 16 years of age or older who (i) submits



SB0136- 10 -LRB097 02721 NHT 42742 b

1    to a school district evidence of necessary and lawful
2    employment pursuant to paragraph 3 of this Section and (ii)
3    is enrolled in a graduation incentives program pursuant to
4    Section 26-16 of this Code or an alternative learning
5    opportunities program established pursuant to Article 13B
6    of this Code.
7(Source: P.A. 96-367, eff. 8-13-09.)