Full Text of SB0706 99th General Assembly
SB0706enr 99TH GENERAL ASSEMBLY |
| | SB0706 Enrolled | | LRB099 03404 NHT 23763 b |
|
| 1 | | AN ACT concerning education.
| 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 changing Sections | 5 | | 2-3.25o, 10-21.9, and 34-18.5 as follows: | 6 | | (105 ILCS 5/2-3.25o)
| 7 | | Sec. 2-3.25o. Registration and recognition of non-public | 8 | | elementary and
secondary schools.
| 9 | | (a) Findings. The General Assembly finds and declares (i) | 10 | | that the
Constitution
of the State of Illinois provides that a | 11 | | "fundamental goal of the People of the
State is the
educational | 12 | | development of all persons to the limits of their capacities" | 13 | | and
(ii) that the
educational development of every school | 14 | | student serves the public purposes of
the State.
In order to | 15 | | ensure that all Illinois students and teachers have the | 16 | | opportunity
to enroll and
work in State-approved educational | 17 | | institutions and programs, the State Board
of
Education shall | 18 | | provide for the voluntary registration and recognition of
| 19 | | non-public
elementary and secondary schools.
| 20 | | (b) Registration. All non-public elementary and secondary | 21 | | schools in the
State
of
Illinois may voluntarily register with | 22 | | the State Board of Education on an
annual basis. Registration | 23 | | shall
be completed
in conformance with procedures prescribed by |
| | | SB0706 Enrolled | - 2 - | LRB099 03404 NHT 23763 b |
|
| 1 | | the State Board of Education.
Information
required for | 2 | | registration shall include assurances of compliance (i) with
| 3 | | federal
and State
laws regarding health examination and | 4 | | immunization, attendance, length of term,
and
| 5 | | nondiscrimination and (ii) with applicable fire and health | 6 | | safety requirements.
| 7 | | (c) Recognition. All non-public elementary and secondary | 8 | | schools in the
State of
Illinois may voluntarily seek the | 9 | | status of "Non-public School Recognition"
from
the State
Board | 10 | | of Education. This status may be obtained by compliance with
| 11 | | administrative
guidelines and review procedures as prescribed | 12 | | by the State Board of Education.
The
guidelines and procedures | 13 | | must recognize that some of the aims and the
financial bases of
| 14 | | non-public schools are different from public schools and will | 15 | | not be identical
to those for
public schools, nor will they be | 16 | | more burdensome. The guidelines and procedures
must
also | 17 | | recognize the diversity of non-public schools and shall not | 18 | | impinge upon
the
noneducational relationships between those | 19 | | schools and their clientele.
| 20 | | (c-5) Prohibition against recognition. A non-public | 21 | | elementary or secondary school may not obtain "Non-public | 22 | | School Recognition" status unless the school requires all | 23 | | certified and non-certified applicants for employment with the | 24 | | school, after July 1, 2007, to authorize a fingerprint-based | 25 | | criminal history records check as a condition of employment to | 26 | | determine if such applicants have been convicted of any of the |
| | | SB0706 Enrolled | - 3 - | LRB099 03404 NHT 23763 b |
|
| 1 | | enumerated criminal or drug offenses set forth in Section | 2 | | 21B-80 21-23a of this Code or have been convicted, within 7 | 3 | | years of the application for employment, of any other felony | 4 | | under the laws of this State or of any offense committed or | 5 | | attempted in any other state or against the laws of the United | 6 | | States that, if committed or attempted in this State, would | 7 | | have been punishable as a felony under the laws of this State. | 8 | | Authorization for the check shall be furnished by the | 9 | | applicant to the school, except that if the applicant is a | 10 | | substitute teacher seeking employment in more than one | 11 | | non-public school, a teacher seeking concurrent part-time | 12 | | employment positions with more than one non-public school (as a | 13 | | reading specialist, special education teacher, or otherwise), | 14 | | or an educational support personnel employee seeking | 15 | | employment positions with more than one non-public school, then | 16 | | only one of the non-public schools employing the individual | 17 | | shall request the authorization. Upon receipt of this | 18 | | authorization, the non-public school shall submit the | 19 | | applicant's name, sex, race, date of birth, social security | 20 | | number, fingerprint images, and other identifiers, as | 21 | | prescribed by the Department of State Police, to the Department | 22 | | of State Police. | 23 | | The Department of State Police and Federal Bureau of | 24 | | Investigation shall furnish, pursuant to a fingerprint-based | 25 | | criminal history records check, records of convictions, | 26 | | forever and hereafter, until expunged, to the president or |
| | | SB0706 Enrolled | - 4 - | LRB099 03404 NHT 23763 b |
|
| 1 | | principal of the non-public school that requested the check. | 2 | | The Department of State Police shall charge that school a fee | 3 | | for conducting such check, which fee must be deposited into the | 4 | | State Police Services Fund and must not exceed the cost of the | 5 | | inquiry. Subject to appropriations for these purposes, the | 6 | | State Superintendent of Education shall reimburse non-public | 7 | | schools for fees paid to obtain criminal history records checks | 8 | | under this Section. | 9 | | A non-public school may not obtain recognition status | 10 | | unless the school also performs a check of the Statewide Sex | 11 | | Offender Database, as authorized by the Sex Offender Community | 12 | | Notification Law, for each applicant for employment, after July | 13 | | 1, 2007, to determine whether the applicant has been | 14 | | adjudicated a sex offender. | 15 | | Any information concerning the record of convictions | 16 | | obtained by a non-public school's president or principal under | 17 | | this Section is confidential and may be disseminated only to | 18 | | the governing body of the non-public school or any other person | 19 | | necessary to the decision of hiring the applicant for | 20 | | employment. A copy of the record of convictions obtained from | 21 | | the Department of State Police shall be provided to the | 22 | | applicant for employment. Upon a check of the Statewide Sex | 23 | | Offender Database, the non-public school shall notify the | 24 | | applicant as to whether or not the applicant has been | 25 | | identified in the Sex Offender Database as a sex offender. Any | 26 | | information concerning the records of conviction obtained by |
| | | SB0706 Enrolled | - 5 - | LRB099 03404 NHT 23763 b |
|
| 1 | | the non-public school's president or principal under this | 2 | | Section for a substitute teacher seeking employment in more | 3 | | than one non-public school, a teacher seeking concurrent | 4 | | part-time employment positions with more than one non-public | 5 | | school (as a reading specialist, special education teacher, or | 6 | | otherwise), or an educational support personnel employee | 7 | | seeking employment positions with more than one non-public | 8 | | school may be shared with another non-public school's principal | 9 | | or president to which the applicant seeks employment. Any | 10 | | unauthorized release of confidential information may be a | 11 | | violation of Section 7 of the Criminal Identification Act. Any | 12 | | person who releases any criminal history record information | 13 | | concerning an applicant for employment is guilty of a Class A | 14 | | misdemeanor and may be subject to prosecution under federal | 15 | | law, unless the release of such information is authorized by | 16 | | this Section. | 17 | | No non-public school may obtain recognition status that | 18 | | knowingly employs a person, hired after July 1, 2007, for whom | 19 | | a Department of State Police and Federal Bureau of | 20 | | Investigation fingerprint-based criminal history records check | 21 | | and a Statewide Sex Offender Database check has not been | 22 | | initiated or who has been convicted of any offense enumerated | 23 | | in Section 21B-80 of this Code or any offense committed or | 24 | | attempted in any other state or against the laws of the United | 25 | | States that, if committed or attempted in this State, would | 26 | | have been punishable as one or more of those offenses. No |
| | | SB0706 Enrolled | - 6 - | LRB099 03404 NHT 23763 b |
|
| 1 | | non-public school may obtain recognition status under this | 2 | | Section that knowingly employs a person who has been found to | 3 | | be the perpetrator of sexual or physical abuse of a minor under | 4 | | 18 years of age pursuant to proceedings under Article II of the | 5 | | Juvenile Court Act of 1987. | 6 | | In order to obtain recognition status under this Section, a | 7 | | non-public school must require compliance with the provisions | 8 | | of this subsection (c-5) from all employees of persons or firms | 9 | | holding contracts with the school, including, but not limited | 10 | | to, food service workers, school bus drivers, and other | 11 | | transportation employees, who have direct, daily contact with | 12 | | pupils. Any information concerning the records of conviction or | 13 | | identification as a sex offender of any such employee obtained | 14 | | by the non-public school principal or president must be | 15 | | promptly reported to the school's governing body.
| 16 | | Prior to the commencement of any student teaching | 17 | | experience or required internship (which is referred to as | 18 | | student teaching in this Section) in any non-public elementary | 19 | | or secondary school that has obtained or seeks to obtain | 20 | | recognition status under this Section, a student teacher is | 21 | | required to authorize a fingerprint-based criminal history | 22 | | records check. Authorization for and payment of the costs of | 23 | | the check must be furnished by the student teacher to the chief | 24 | | administrative officer of the non-public school where the | 25 | | student teaching is to be completed. Upon receipt of this | 26 | | authorization and payment, the chief administrative officer of |
| | | SB0706 Enrolled | - 7 - | LRB099 03404 NHT 23763 b |
|
| 1 | | the non-public school shall submit the student teacher's name, | 2 | | sex, race, date of birth, social security number, fingerprint | 3 | | images, and other identifiers, as prescribed by the Department | 4 | | of State Police, to the Department of State Police. The | 5 | | Department of State Police and the Federal Bureau of | 6 | | Investigation shall furnish, pursuant to a fingerprint-based | 7 | | criminal history records check, records of convictions, | 8 | | forever and hereinafter, until expunged, to the chief | 9 | | administrative officer of the non-public school that requested | 10 | | the check. The Department of State Police shall charge the | 11 | | school a fee for conducting the check, which fee must be passed | 12 | | on to the student teacher, must not exceed the cost of the | 13 | | inquiry, and must be deposited into the State Police Services | 14 | | Fund. The school shall further perform a check of the Statewide | 15 | | Sex Offender Database, as authorized by the Sex Offender | 16 | | Community Notification Law, and of the Statewide Murderer and | 17 | | Violent Offender Against Youth Database, as authorized by the | 18 | | Murderer and Violent Offender Against Youth Registration Act, | 19 | | for each student teacher. No school that has obtained or seeks | 20 | | to obtain recognition status under this Section may knowingly | 21 | | allow a person to student teach for whom a criminal history | 22 | | records check, a Statewide Sex Offender Database check, and a | 23 | | Statewide Murderer and Violent Offender Against Youth Database | 24 | | check have not been completed and reviewed by the chief | 25 | | administrative officer of the non-public school. | 26 | | A copy of the record of convictions obtained from the |
| | | SB0706 Enrolled | - 8 - | LRB099 03404 NHT 23763 b |
|
| 1 | | Department of State Police must be provided to the student | 2 | | teacher. Any information concerning the record of convictions | 3 | | obtained by the chief administrative officer of the non-public | 4 | | school is confidential and may be transmitted only to the chief | 5 | | administrative officer of the non-public school or his or her | 6 | | designee, the State Superintendent of Education, the State | 7 | | Educator Preparation and Licensure Board, or, for | 8 | | clarification purposes, the Department of State Police or the | 9 | | Statewide Sex Offender Database or Statewide Murderer and | 10 | | Violent Offender Against Youth Database. Any unauthorized | 11 | | release of confidential information may be a violation of | 12 | | Section 7 of the Criminal Identification Act. | 13 | | No school that has obtained or seeks to obtain recognition | 14 | | status under this Section may knowingly allow a person to | 15 | | student teach who has been convicted of any offense that would | 16 | | subject him or her to license suspension or revocation pursuant | 17 | | to Section 21B-80 of this Code or who has been found to be the | 18 | | perpetrator of sexual or physical abuse of a minor under 18 | 19 | | years of age pursuant to proceedings under Article II of the | 20 | | Juvenile Court Act of 1987. | 21 | | (d) Public purposes. The provisions of this Section are in | 22 | | the public
interest, for
the public benefit, and serve secular | 23 | | public purposes.
| 24 | | (e) Definition. For purposes of this Section, a non-public | 25 | | school means any
non-profit, non-home-based, and non-public | 26 | | elementary or secondary school that
is
in
compliance with Title |
| | | SB0706 Enrolled | - 9 - | LRB099 03404 NHT 23763 b |
|
| 1 | | VI of the Civil Rights Act of 1964 and attendance at
which
| 2 | | satisfies the requirements of Section 26-1 of this Code.
| 3 | | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
| 4 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 5 | | Sec. 10-21.9. Criminal history records checks and checks of | 6 | | the Statewide Sex Offender Database and Statewide Murderer and | 7 | | Violent Offender Against Youth Database.
| 8 | | (a) Certified and noncertified applicants for employment | 9 | | with a school
district, except school bus driver applicants, | 10 | | are required as a condition
of employment to authorize a | 11 | | fingerprint-based criminal history records check to determine | 12 | | if such applicants have been convicted of any of
the enumerated | 13 | | criminal or drug offenses in subsection (c) of this Section or
| 14 | | have been convicted, within 7 years of the application for | 15 | | employment with
the
school district, of any other felony under | 16 | | the laws of this State or of any
offense committed or attempted | 17 | | in any other state or against the laws of
the United States | 18 | | that, if committed or attempted in this State, would
have been | 19 | | punishable as a felony under the laws of this State.
| 20 | | Authorization for
the check shall be furnished by the applicant | 21 | | to
the school district, except that if the applicant is a | 22 | | substitute teacher
seeking employment in more than one school | 23 | | district, a teacher seeking
concurrent part-time employment | 24 | | positions with more than one school
district (as a reading | 25 | | specialist, special education teacher or otherwise),
or an |
| | | SB0706 Enrolled | - 10 - | LRB099 03404 NHT 23763 b |
|
| 1 | | educational support personnel employee seeking employment | 2 | | positions
with more than one district, any such district may | 3 | | require the applicant to
furnish authorization for
the check to | 4 | | the regional superintendent
of the educational service region | 5 | | in which are located the school districts
in which the | 6 | | applicant is seeking employment as a substitute or concurrent
| 7 | | part-time teacher or concurrent educational support personnel | 8 | | employee.
Upon receipt of this authorization, the school | 9 | | district or the appropriate
regional superintendent, as the | 10 | | case may be, shall submit the applicant's
name, sex, race, date | 11 | | of birth, social security number, fingerprint images, and other | 12 | | identifiers, as prescribed by the Department
of State Police, | 13 | | to the Department. The regional
superintendent submitting the | 14 | | requisite information to the Department of
State Police shall | 15 | | promptly notify the school districts in which the
applicant is | 16 | | seeking employment as a substitute or concurrent part-time
| 17 | | teacher or concurrent educational support personnel employee | 18 | | that
the
check of the applicant has been requested. The | 19 | | Department of State Police and the Federal Bureau of | 20 | | Investigation shall furnish, pursuant to a fingerprint-based | 21 | | criminal history records check, records of convictions, | 22 | | forever and hereinafter, until expunged, to the president of | 23 | | the school board for the school district that requested the | 24 | | check, or to the regional superintendent who requested the | 25 | | check.
The
Department shall charge
the school district
or the | 26 | | appropriate regional superintendent a fee for
conducting
such |
| | | SB0706 Enrolled | - 11 - | LRB099 03404 NHT 23763 b |
|
| 1 | | check, which fee shall be deposited in the State
Police | 2 | | Services Fund and shall not exceed the cost of
the inquiry; and | 3 | | the
applicant shall not be charged a fee for
such check by the | 4 | | school
district or by the regional superintendent, except that | 5 | | those applicants seeking employment as a substitute teacher | 6 | | with a school district may be charged a fee not to exceed the | 7 | | cost of the inquiry. Subject to appropriations for these | 8 | | purposes, the State Superintendent of Education shall | 9 | | reimburse school districts and regional superintendents for | 10 | | fees paid to obtain criminal history records checks under this | 11 | | Section.
| 12 | | (a-5) The school district or regional superintendent shall | 13 | | further perform a check of the Statewide Sex Offender Database, | 14 | | as authorized by the Sex Offender Community Notification Law, | 15 | | for each applicant.
| 16 | | (a-6) The school district or regional superintendent shall | 17 | | further perform a check of the Statewide Murderer and Violent | 18 | | Offender Against Youth Database, as authorized by the Murderer | 19 | | and Violent Offender Against Youth Community Notification Law, | 20 | | for each applicant.
| 21 | | (b)
Any information
concerning the record of convictions | 22 | | obtained by the president of the
school board or the regional | 23 | | superintendent shall be confidential and may
only be | 24 | | transmitted to the superintendent of the school district or his
| 25 | | designee, the appropriate regional superintendent if
the check | 26 | | was
requested by the school district, the presidents of the |
| | | SB0706 Enrolled | - 12 - | LRB099 03404 NHT 23763 b |
|
| 1 | | appropriate school
boards if
the check was requested from the | 2 | | Department of State
Police by the regional superintendent, the | 3 | | State Superintendent of
Education, the State Teacher | 4 | | Certification Board, any other person
necessary to the decision | 5 | | of hiring the applicant for employment, or for clarification | 6 | | purposes the Department of State Police or Statewide Sex | 7 | | Offender Database, or both. A copy
of the record of convictions | 8 | | obtained from the Department of State Police
shall be provided | 9 | | to the applicant for employment. Upon the check of the | 10 | | Statewide Sex Offender Database, the school district or | 11 | | regional superintendent shall notify an applicant as to whether | 12 | | or not the applicant has been identified in the Database as a | 13 | | sex offender. If a check of
an applicant for employment as a | 14 | | substitute or concurrent part-time teacher
or concurrent | 15 | | educational support personnel employee in more than one
school | 16 | | district was requested by the regional superintendent, and the
| 17 | | Department of State Police upon a check ascertains that the | 18 | | applicant
has not been convicted of any of the enumerated | 19 | | criminal or drug offenses
in subsection (c)
or has not been | 20 | | convicted, within 7 years of the
application for
employment | 21 | | with the
school district, of any other felony under the laws of | 22 | | this State or of any
offense committed or attempted in any | 23 | | other state or against the laws of
the United States that, if | 24 | | committed or attempted in this State, would
have been | 25 | | punishable as a felony under the laws of this State
and so | 26 | | notifies the regional
superintendent and if the regional |
| | | SB0706 Enrolled | - 13 - | LRB099 03404 NHT 23763 b |
|
| 1 | | superintendent upon a check ascertains that the applicant has | 2 | | not been identified in the Sex Offender Database as a sex | 3 | | offender, then the
regional superintendent shall issue to the | 4 | | applicant a certificate
evidencing that as of the date | 5 | | specified by the Department of State Police
the applicant has | 6 | | not been convicted of any of the enumerated criminal or
drug | 7 | | offenses in subsection (c)
or has not been
convicted, within 7 | 8 | | years of the application for employment with the
school | 9 | | district, of any other felony under the laws of this State or | 10 | | of any
offense committed or attempted in any other state or | 11 | | against the laws of
the United States that, if committed or | 12 | | attempted in this State, would
have been punishable as a felony | 13 | | under the laws of this State and evidencing that as of the date | 14 | | that the regional superintendent conducted a check of the | 15 | | Statewide Sex Offender Database, the applicant has not been | 16 | | identified in the Database as a sex offender. The school
board | 17 | | of
any
school district
may rely on the
certificate issued by | 18 | | any regional superintendent to that substitute teacher, | 19 | | concurrent part-time teacher, or concurrent educational | 20 | | support personnel employee or may
initiate its own criminal | 21 | | history records check of the applicant through the Department | 22 | | of
State Police and its own check of the Statewide Sex Offender | 23 | | Database as provided in subsection (a). Any unauthorized | 24 | | release of confidential information may be a violation of | 25 | | Section 7 of the Criminal Identification Act. Any person who | 26 | | releases any
confidential information concerning any criminal |
| | | SB0706 Enrolled | - 14 - | LRB099 03404 NHT 23763 b |
|
| 1 | | convictions of an
applicant for employment shall be guilty of a | 2 | | Class A misdemeanor, unless
the release of such information is | 3 | | authorized by this Section.
| 4 | | (c) No school board shall knowingly employ a person who has | 5 | | been
convicted of any offense that would subject him or her to | 6 | | license suspension or revocation pursuant to Section 21B-80 of | 7 | | this Code.
Further, no school board shall knowingly employ a | 8 | | person who has been found
to be the perpetrator of sexual or | 9 | | physical abuse of any minor under 18 years
of age pursuant to | 10 | | proceedings under Article II of the Juvenile Court Act of
1987.
| 11 | | (d) No school board shall knowingly employ a person for | 12 | | whom a criminal
history records check and a Statewide Sex | 13 | | Offender Database check has not been initiated.
| 14 | | (e) Upon receipt of the record of a conviction of or a | 15 | | finding of child
abuse by a holder of any
certificate issued | 16 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 17 | | Code, the
State Superintendent of Education may initiate | 18 | | certificate suspension
and revocation proceedings as | 19 | | authorized by law.
| 20 | | (e-5) The superintendent of the employing school board | 21 | | shall, in writing, notify the State Superintendent of Education | 22 | | and the applicable regional superintendent of schools of any | 23 | | certificate holder whom he or she has reasonable cause to | 24 | | believe has committed an intentional act of abuse or neglect | 25 | | with the result of making a child an abused child or a | 26 | | neglected child, as defined in Section 3 of the Abused and |
| | | SB0706 Enrolled | - 15 - | LRB099 03404 NHT 23763 b |
|
| 1 | | Neglected Child Reporting Act, and that act resulted in the | 2 | | certificate holder's dismissal or resignation from the school | 3 | | district. This notification must be submitted within 30 days | 4 | | after the dismissal or resignation. The certificate holder must | 5 | | also be contemporaneously sent a copy of the notice by the | 6 | | superintendent. All correspondence, documentation, and other | 7 | | information so received by the regional superintendent of | 8 | | schools, the State Superintendent of Education, the State Board | 9 | | of Education, or the State Teacher Certification Board under | 10 | | this subsection (e-5) is confidential and must not be disclosed | 11 | | to third parties, except (i) as necessary for the State | 12 | | Superintendent of Education or his or her designee to | 13 | | investigate and prosecute pursuant to Article 21 of this Code, | 14 | | (ii) pursuant to a court order, (iii) for disclosure to the | 15 | | certificate holder or his or her representative, or (iv) as | 16 | | otherwise provided in this Article and provided that any such | 17 | | information admitted into evidence in a hearing is exempt from | 18 | | this confidentiality and non-disclosure requirement. Except | 19 | | for an act of willful or wanton misconduct, any superintendent | 20 | | who provides notification as required in this subsection (e-5) | 21 | | shall have immunity from any liability, whether civil or | 22 | | criminal or that otherwise might result by reason of such | 23 | | action. | 24 | | (f) After January 1, 1990 the provisions of this Section | 25 | | shall apply
to all employees of persons or firms holding | 26 | | contracts with any school
district including, but not limited |
| | | SB0706 Enrolled | - 16 - | LRB099 03404 NHT 23763 b |
|
| 1 | | to, food service workers, school bus
drivers and other | 2 | | transportation employees, who have direct, daily contact
with | 3 | | the pupils of any school in such district. For purposes of | 4 | | criminal
history records checks and checks of the Statewide Sex | 5 | | Offender Database on employees of persons or firms holding
| 6 | | contracts with more than one school district and assigned to | 7 | | more than one
school district, the regional superintendent of | 8 | | the educational service
region in which the contracting school | 9 | | districts are located may, at the
request of any such school | 10 | | district, be responsible for receiving the
authorization for
a | 11 | | criminal history records check prepared by each such employee | 12 | | and
submitting the same to the Department of State Police and | 13 | | for conducting a check of the Statewide Sex Offender Database | 14 | | for each employee. Any information
concerning the record of | 15 | | conviction and identification as a sex offender of any such | 16 | | employee obtained by the
regional superintendent shall be | 17 | | promptly reported to the president of the
appropriate school | 18 | | board or school boards.
| 19 | | (f-5) Upon request of a school or school district, any | 20 | | information obtained by a school district pursuant to | 21 | | subsection (f) of this Section within the last year must be | 22 | | made available to the requesting school or school district. | 23 | | (g) Prior to the commencement of any student teaching | 24 | | experience or required internship (which is referred to as | 25 | | student teaching in this Section) In order to student teach in | 26 | | the public schools, a student teacher person is required to |
| | | SB0706 Enrolled | - 17 - | LRB099 03404 NHT 23763 b |
|
| 1 | | authorize a fingerprint-based criminal history records check | 2 | | and checks of the Statewide Sex Offender Database and Statewide | 3 | | Murderer and Violent Offender Against Youth Database prior to | 4 | | participating in any field experiences in the public schools . | 5 | | Authorization for and payment of the costs of the check checks | 6 | | must be furnished by the student teacher to the school district | 7 | | where the student teaching is to be completed . Upon receipt of | 8 | | this authorization and payment, the school district shall | 9 | | submit the student teacher's name, sex, race, date of birth, | 10 | | social security number, fingerprint images, and other | 11 | | identifiers, as prescribed by the Department of State Police, | 12 | | to the Department of State Police. The Department of State | 13 | | Police and the Federal Bureau of Investigation shall furnish, | 14 | | pursuant to a fingerprint-based criminal history records | 15 | | check, records of convictions, forever and hereinafter, until | 16 | | expunged, to the president of the school board for the school | 17 | | district that requested the check. The Department shall charge | 18 | | the school district a fee for conducting the check, which fee | 19 | | must not exceed the cost of the inquiry and must be deposited | 20 | | into the State Police Services Fund. The school district shall | 21 | | further perform a check of the Statewide Sex Offender Database, | 22 | | as authorized by the Sex Offender Community Notification Law, | 23 | | and of the Statewide Murderer and Violent Offender Against | 24 | | Youth Database, as authorized by the Murderer and Violent | 25 | | Offender Against Youth Registration Act, for each student | 26 | | teacher. No school board may knowingly allow a person to |
| | | SB0706 Enrolled | - 18 - | LRB099 03404 NHT 23763 b |
|
| 1 | | student teach for whom a criminal history records check, a | 2 | | Statewide Sex Offender Database check, and a Statewide Murderer | 3 | | and Violent Offender Against Youth Database check have not been | 4 | | completed and reviewed by the district. Results of the checks | 5 | | must be furnished to the higher education institution where the | 6 | | student teacher is enrolled and the superintendent of the | 7 | | school district where the student is assigned. | 8 | | A copy of the record of convictions obtained from the | 9 | | Department of State Police must be provided to the student | 10 | | teacher. Any information concerning the record of convictions | 11 | | obtained by the president of the school board is confidential | 12 | | and may only be transmitted to the superintendent of the school | 13 | | district or his or her designee, the State Superintendent of | 14 | | Education, the State Educator Preparation and Licensure Board, | 15 | | or, for clarification purposes, the Department of State Police | 16 | | or the Statewide Sex Offender Database or Statewide Murderer | 17 | | and Violent Offender Against Youth Database. Any unauthorized | 18 | | release of confidential information may be a violation of | 19 | | Section 7 of the Criminal Identification Act. | 20 | | No school board may knowingly allow a person to student | 21 | | teach who has been convicted of any offense that would subject | 22 | | him or her to license suspension or revocation pursuant to | 23 | | Section 21B-80 of this Code or who has been found to be the | 24 | | perpetrator of sexual or physical abuse of a minor under 18 | 25 | | years of age pursuant to proceedings under Article II of the | 26 | | Juvenile Court Act of 1987. |
| | | SB0706 Enrolled | - 19 - | LRB099 03404 NHT 23763 b |
|
| 1 | | (h) (Blank). Upon request of a school, school district, | 2 | | community college district, or private school, any information | 3 | | obtained by a school district pursuant to subsection (f) of | 4 | | this Section within the last year must be made available to | 5 | | that school, school district, community college district, or | 6 | | private school. | 7 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | 8 | | 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; | 9 | | 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
| 10 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 11 | | Sec. 34-18.5. Criminal history records checks and checks of | 12 | | the Statewide Sex Offender Database and Statewide Murderer and | 13 | | Violent Offender Against Youth Database. | 14 | | (a) Certified and noncertified applicants for
employment | 15 | | with the school district are required as a condition of
| 16 | | employment to authorize a fingerprint-based criminal history | 17 | | records check to determine if such applicants
have been | 18 | | convicted of any of the enumerated criminal or drug offenses in
| 19 | | subsection (c) of this Section or have been
convicted, within 7 | 20 | | years of the application for employment with the
school | 21 | | district, of any other felony under the laws of this State or | 22 | | of any
offense committed or attempted in any other state or | 23 | | against the laws of
the United States that, if committed or | 24 | | attempted in this State, would
have been punishable as a felony | 25 | | under the laws of this State. Authorization
for
the
check shall
|
| | | SB0706 Enrolled | - 20 - | LRB099 03404 NHT 23763 b |
|
| 1 | | be furnished by the applicant to the school district, except | 2 | | that if the
applicant is a substitute teacher seeking | 3 | | employment in more than one
school district, or a teacher | 4 | | seeking concurrent part-time employment
positions with more | 5 | | than one school district (as a reading specialist,
special | 6 | | education teacher or otherwise), or an educational support
| 7 | | personnel employee seeking employment positions with more than | 8 | | one
district, any such district may require the applicant to | 9 | | furnish
authorization for
the check to the regional | 10 | | superintendent of the
educational service region in which are | 11 | | located the school districts in
which the applicant is seeking | 12 | | employment as a substitute or concurrent
part-time teacher or | 13 | | concurrent educational support personnel employee.
Upon | 14 | | receipt of this authorization, the school district or the | 15 | | appropriate
regional superintendent, as the case may be, shall | 16 | | submit the applicant's
name, sex, race, date of birth, social | 17 | | security number, fingerprint images, and other identifiers, as | 18 | | prescribed by the Department
of State Police, to the | 19 | | Department. The regional
superintendent submitting the | 20 | | requisite information to the Department of
State Police shall | 21 | | promptly notify the school districts in which the
applicant is | 22 | | seeking employment as a substitute or concurrent part-time
| 23 | | teacher or concurrent educational support personnel employee | 24 | | that
the
check of the applicant has been requested. The | 25 | | Department of State
Police and the Federal Bureau of | 26 | | Investigation shall furnish, pursuant to a fingerprint-based |
| | | SB0706 Enrolled | - 21 - | LRB099 03404 NHT 23763 b |
|
| 1 | | criminal history records check, records of convictions, | 2 | | forever and hereinafter, until expunged, to the president of | 3 | | the school board for the school district that requested the | 4 | | check, or to the regional superintendent who requested the | 5 | | check. The
Department shall charge
the school district
or the | 6 | | appropriate regional superintendent a fee for
conducting
such | 7 | | check, which fee shall be deposited in the State
Police | 8 | | Services Fund and shall not exceed the cost of the inquiry; and | 9 | | the
applicant shall not be charged a fee for
such check by the | 10 | | school
district or by the regional superintendent. Subject to | 11 | | appropriations for these purposes, the State Superintendent of | 12 | | Education shall reimburse the school district and regional | 13 | | superintendent for fees paid to obtain criminal history records | 14 | | checks under this Section. | 15 | | (a-5) The school district or regional superintendent shall | 16 | | further perform a check of the Statewide Sex Offender Database, | 17 | | as authorized by the Sex Offender Community Notification Law, | 18 | | for each applicant. | 19 | | (a-6) The school district or regional superintendent shall | 20 | | further perform a check of the Statewide Murderer and Violent | 21 | | Offender Against Youth Database, as authorized by the Murderer | 22 | | and Violent Offender Against Youth Community Notification Law, | 23 | | for each applicant. | 24 | | (b) Any
information concerning the record of convictions | 25 | | obtained by the president
of the board of education or the | 26 | | regional superintendent shall be
confidential and may only be |
| | | SB0706 Enrolled | - 22 - | LRB099 03404 NHT 23763 b |
|
| 1 | | transmitted to the general superintendent of
the school | 2 | | district or his designee, the appropriate regional
| 3 | | superintendent if
the check was requested by the board of | 4 | | education
for the school district, the presidents of the | 5 | | appropriate board of
education or school boards if
the check | 6 | | was requested from the
Department of State Police by the | 7 | | regional superintendent, the State
Superintendent of | 8 | | Education, the State Teacher Certification Board or any
other | 9 | | person necessary to the decision of hiring the applicant for
| 10 | | employment. A copy of the record of convictions obtained from | 11 | | the
Department of State Police shall be provided to the | 12 | | applicant for
employment. Upon the check of the Statewide Sex | 13 | | Offender Database, the school district or regional | 14 | | superintendent shall notify an applicant as to whether or not | 15 | | the applicant has been identified in the Database as a sex | 16 | | offender. If a check of an applicant for employment as a
| 17 | | substitute or concurrent part-time teacher or concurrent | 18 | | educational
support personnel employee in more than one school | 19 | | district was requested
by the regional superintendent, and the | 20 | | Department of State Police upon
a check ascertains that the | 21 | | applicant has not been convicted of any
of the enumerated | 22 | | criminal or drug offenses in subsection (c)
or has not been
| 23 | | convicted,
within 7 years of the application for employment | 24 | | with the
school district, of any other felony under the laws of | 25 | | this State or of any
offense committed or attempted in any | 26 | | other state or against the laws of
the United States that, if |
| | | SB0706 Enrolled | - 23 - | LRB099 03404 NHT 23763 b |
|
| 1 | | committed or attempted in this State, would
have been | 2 | | punishable as a felony under the laws of this State and so
| 3 | | notifies the regional superintendent and if the regional | 4 | | superintendent upon a check ascertains that the applicant has | 5 | | not been identified in the Sex Offender Database as a sex | 6 | | offender, then the regional superintendent
shall issue to the | 7 | | applicant a certificate evidencing that as of the date
| 8 | | specified by the Department of State Police the applicant has | 9 | | not been
convicted of any of the enumerated criminal or drug | 10 | | offenses in subsection
(c)
or has not been
convicted, within 7 | 11 | | years of the application for employment with the
school | 12 | | district, of any other felony under the laws of this State or | 13 | | of any
offense committed or attempted in any other state or | 14 | | against the laws of
the United States that, if committed or | 15 | | attempted in this State, would
have been punishable as a felony | 16 | | under the laws of this State and evidencing that as of the date | 17 | | that the regional superintendent conducted a check of the | 18 | | Statewide Sex Offender Database, the applicant has not been | 19 | | identified in the Database as a sex offender. The school
board | 20 | | of any school district may rely on the certificate issued by | 21 | | any regional
superintendent to that substitute teacher, | 22 | | concurrent part-time teacher, or concurrent educational | 23 | | support personnel employee
or may initiate its own criminal | 24 | | history records check of
the applicant through the Department | 25 | | of State Police and its own check of the Statewide Sex Offender | 26 | | Database as provided in
subsection (a). Any unauthorized |
| | | SB0706 Enrolled | - 24 - | LRB099 03404 NHT 23763 b |
|
| 1 | | release of confidential information may be a violation of | 2 | | Section 7 of the Criminal Identification Act. Any person who | 3 | | releases any confidential information
concerning any criminal | 4 | | convictions of an applicant for employment shall be
guilty of a | 5 | | Class A misdemeanor, unless the release of such information is
| 6 | | authorized by this Section. | 7 | | (c) The board of education shall not knowingly employ a | 8 | | person who has
been convicted of any offense that would subject | 9 | | him or her to license suspension or revocation pursuant to | 10 | | Section 21B-80 of this Code.
Further, the board of education | 11 | | shall not knowingly employ a person who has
been found to be | 12 | | the perpetrator of sexual or physical abuse of any minor under
| 13 | | 18 years of age pursuant to proceedings under Article II of the | 14 | | Juvenile Court
Act of 1987. | 15 | | (d) The board of education shall not knowingly employ a | 16 | | person for whom
a criminal history records check and a | 17 | | Statewide Sex Offender Database check has not been initiated. | 18 | | (e) Upon receipt of the record of a conviction of or a | 19 | | finding of child
abuse by a holder of any
certificate issued | 20 | | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | 21 | | Code, the State Superintendent of
Education may initiate | 22 | | certificate suspension and revocation
proceedings as | 23 | | authorized by law. | 24 | | (e-5) The general superintendent of schools shall, in | 25 | | writing, notify the State Superintendent of Education of any | 26 | | certificate holder whom he or she has reasonable cause to |
| | | SB0706 Enrolled | - 25 - | LRB099 03404 NHT 23763 b |
|
| 1 | | believe has committed an intentional act of abuse or neglect | 2 | | with the result of making a child an abused child or a | 3 | | neglected child, as defined in Section 3 of the Abused and | 4 | | Neglected Child Reporting Act, and that act resulted in the | 5 | | certificate holder's dismissal or resignation from the school | 6 | | district. This notification must be submitted within 30 days | 7 | | after the dismissal or resignation. The certificate holder must | 8 | | also be contemporaneously sent a copy of the notice by the | 9 | | superintendent. All correspondence, documentation, and other | 10 | | information so received by the State Superintendent of | 11 | | Education, the State Board of Education, or the State Teacher | 12 | | Certification Board under this subsection (e-5) is | 13 | | confidential and must not be disclosed to third parties, except | 14 | | (i) as necessary for the State Superintendent of Education or | 15 | | his or her designee to investigate and prosecute pursuant to | 16 | | Article 21 of this Code, (ii) pursuant to a court order, (iii) | 17 | | for disclosure to the certificate holder or his or her | 18 | | representative, or (iv) as otherwise provided in this Article | 19 | | and provided that any such information admitted into evidence | 20 | | in a hearing is exempt from this confidentiality and | 21 | | non-disclosure requirement. Except for an act of willful or | 22 | | wanton misconduct, any superintendent who provides | 23 | | notification as required in this subsection (e-5) shall have | 24 | | immunity from any liability, whether civil or criminal or that | 25 | | otherwise might result by reason of such action. | 26 | | (f) After March 19, 1990, the provisions of this Section |
| | | SB0706 Enrolled | - 26 - | LRB099 03404 NHT 23763 b |
|
| 1 | | shall apply to
all employees of persons or firms holding | 2 | | contracts with any school district
including, but not limited | 3 | | to, food service workers, school bus drivers and
other | 4 | | transportation employees, who have direct, daily contact with | 5 | | the
pupils of any school in such district. For purposes of | 6 | | criminal history records checks and checks of the Statewide Sex | 7 | | Offender Database on employees of persons or firms holding | 8 | | contracts with more
than one school district and assigned to | 9 | | more than one school district, the
regional superintendent of | 10 | | the educational service region in which the
contracting school | 11 | | districts are located may, at the request of any such
school | 12 | | district, be responsible for receiving the authorization for
a | 13 | | criminal history records check prepared by each such employee | 14 | | and submitting the same to the
Department of State Police and | 15 | | for conducting a check of the Statewide Sex Offender Database | 16 | | for each employee. Any information concerning the record of
| 17 | | conviction and identification as a sex offender of any such | 18 | | employee obtained by the regional superintendent
shall be | 19 | | promptly reported to the president of the appropriate school | 20 | | board
or school boards. | 21 | | (f-5) Upon request of a school or school district, any | 22 | | information obtained by the school district pursuant to | 23 | | subsection (f) of this Section within the last year must be | 24 | | made available to the requesting school or school district. | 25 | | (g) Prior to the commencement of any student teaching | 26 | | experience or required internship (which is referred to as |
| | | SB0706 Enrolled | - 27 - | LRB099 03404 NHT 23763 b |
|
| 1 | | student teaching in this Section) In order to student teach in | 2 | | the public schools, a student teacher person is required to | 3 | | authorize a fingerprint-based criminal history records check | 4 | | and checks of the Statewide Sex Offender Database and Statewide | 5 | | Murderer and Violent Offender Against Youth Database prior to | 6 | | participating in any field experiences in the public schools . | 7 | | Authorization for and payment of the costs of the check checks | 8 | | must be furnished by the student teacher to the school | 9 | | district . Upon receipt of this authorization and payment, the | 10 | | school district shall submit the student teacher's name, sex, | 11 | | race, date of birth, social security number, fingerprint | 12 | | images, and other identifiers, as prescribed by the Department | 13 | | of State Police, to the Department of State Police. The | 14 | | Department of State Police and the Federal Bureau of | 15 | | Investigation shall furnish, pursuant to a fingerprint-based | 16 | | criminal history records check, records of convictions, | 17 | | forever and hereinafter, until expunged, to the president of | 18 | | the board. The Department shall charge the school district a | 19 | | fee for conducting the check, which fee must not exceed the | 20 | | cost of the inquiry and must be deposited into the State Police | 21 | | Services Fund. The school district shall further perform a | 22 | | check of the Statewide Sex Offender Database, as authorized by | 23 | | the Sex Offender Community Notification Law, and of the | 24 | | Statewide Murderer and Violent Offender Against Youth | 25 | | Database, as authorized by the Murderer and Violent Offender | 26 | | Against Youth Registration Act, for each student teacher. The |
| | | SB0706 Enrolled | - 28 - | LRB099 03404 NHT 23763 b |
|
| 1 | | board may not knowingly allow a person to student teach for | 2 | | whom a criminal history records check, a Statewide Sex Offender | 3 | | Database check, and a Statewide Murderer and Violent Offender | 4 | | Against Youth Database check have not been completed and | 5 | | reviewed by the district. Results of the checks must be | 6 | | furnished to the higher education institution where the student | 7 | | teacher is enrolled and the general superintendent of schools. | 8 | | A copy of the record of convictions obtained from the | 9 | | Department of State Police must be provided to the student | 10 | | teacher. Any information concerning the record of convictions | 11 | | obtained by the president of the board is confidential and may | 12 | | only be transmitted to the general superintendent of schools or | 13 | | his or her designee, the State Superintendent of Education, the | 14 | | State Educator Preparation and Licensure Board, or, for | 15 | | clarification purposes, the Department of State Police or the | 16 | | Statewide Sex Offender Database or Statewide Murderer and | 17 | | Violent Offender Against Youth Database. Any unauthorized | 18 | | release of confidential information may be a violation of | 19 | | Section 7 of the Criminal Identification Act. | 20 | | The board may not knowingly allow a person to student teach | 21 | | who has been convicted of any offense that would subject him or | 22 | | her to license suspension or revocation pursuant to Section | 23 | | 21B-80 of this Code or who has been found to be the perpetrator | 24 | | of sexual or physical abuse of a minor under 18 years of age | 25 | | pursuant to proceedings under Article II of the Juvenile Court | 26 | | Act of 1987. |
| | | SB0706 Enrolled | - 29 - | LRB099 03404 NHT 23763 b |
|
| 1 | | (h) (Blank). Upon request of a school, school district, | 2 | | community college district, or private school, any information | 3 | | obtained by the school district pursuant to subsection (f) of | 4 | | this Section within the last year must be made available to | 5 | | that school, school district, community college district, or | 6 | | private school. | 7 | | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | 8 | | 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; | 9 | | 97-813, eff. 7-13-12.)
|
|