Illinois General Assembly - Full Text of HB0494
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Full Text of HB0494  99th General Assembly

HB0494ham002 99TH GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 4/20/2015

 

 


 

 


 
09900HB0494ham002LRB099 04171 MLM 34451 a

1
AMENDMENT TO HOUSE BILL 494

2    AMENDMENT NO. ______. Amend House Bill 494, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Sections
62-3.25o, 10-21.9, 21B-80, and 34-18.5 as follows:
 
7    (105 ILCS 5/2-3.25o)
8    Sec. 2-3.25o. Registration and recognition of non-public
9elementary and secondary schools.
10    (a) Findings. The General Assembly finds and declares (i)
11that the Constitution of the State of Illinois provides that a
12"fundamental goal of the People of the State is the educational
13development of all persons to the limits of their capacities"
14and (ii) that the educational development of every school
15student serves the public purposes of the State. In order to
16ensure that all Illinois students and teachers have the

 

 

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1opportunity to enroll and work in State-approved educational
2institutions and programs, the State Board of Education shall
3provide for the voluntary registration and recognition of
4non-public elementary and secondary schools.
5    (b) Registration. All non-public elementary and secondary
6schools in the State of Illinois may voluntarily register with
7the State Board of Education on an annual basis. Registration
8shall be completed in conformance with procedures prescribed by
9the State Board of Education. Information required for
10registration shall include assurances of compliance (i) with
11federal and State laws regarding health examination and
12immunization, attendance, length of term, and
13nondiscrimination and (ii) with applicable fire and health
14safety requirements.
15    (c) Recognition. All non-public elementary and secondary
16schools in the State of Illinois may voluntarily seek the
17status of "Non-public School Recognition" from the State Board
18of Education. This status may be obtained by compliance with
19administrative guidelines and review procedures as prescribed
20by the State Board of Education. The guidelines and procedures
21must recognize that some of the aims and the financial bases of
22non-public schools are different from public schools and will
23not be identical to those for public schools, nor will they be
24more burdensome. The guidelines and procedures must also
25recognize the diversity of non-public schools and shall not
26impinge upon the noneducational relationships between those

 

 

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1schools and their clientele.
2    (c-5) Prohibition against recognition. A non-public
3elementary or secondary school may not obtain "Non-public
4School Recognition" status unless the school requires all
5certified and non-certified applicants for employment with the
6school, after July 1, 2007, to authorize a fingerprint-based
7criminal history records check as a condition of employment to
8determine if such applicants have been convicted of any of the
9enumerated criminal or drug offenses set forth in Section
1021B-80 21-23a of this Code or have been convicted, within 7
11years of the application for employment, of any other felony
12under the laws of this State or of any offense committed or
13attempted in any other state or against the laws of the United
14States that, if committed or attempted in this State, would
15have been punishable as a felony under the laws of this State.
16A conviction for a felony more than 7 years prior to
17application for employment with the school, other than those
18enumerated in Section 21B-80 of this Code, must not, in and of
19itself, be an automatic bar to employment. A conviction for a
20felony less than 7 years prior to employment, other than those
21enumerated in Section 21B-80 of this Code, is reviewable by the
22employer in accordance with its stated policy.
23    Authorization for the check shall be furnished by the
24applicant to the school, except that if the applicant is a
25substitute teacher seeking employment in more than one
26non-public school, a teacher seeking concurrent part-time

 

 

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1employment positions with more than one non-public school (as a
2reading specialist, special education teacher, or otherwise),
3or an educational support personnel employee seeking
4employment positions with more than one non-public school, then
5only one of the non-public schools employing the individual
6shall request the authorization. Upon receipt of this
7authorization, the non-public school shall submit the
8applicant's name, sex, race, date of birth, social security
9number, fingerprint images, and other identifiers, as
10prescribed by the Department of State Police, to the Department
11of State Police.
12    The Department of State Police and Federal Bureau of
13Investigation shall furnish, pursuant to a fingerprint-based
14criminal history records check, records of convictions,
15forever and hereafter, until expunged, to the president or
16principal of the non-public school that requested the check.
17The Department of State Police shall charge that school a fee
18for conducting such check, which fee must be deposited into the
19State Police Services Fund and must not exceed the cost of the
20inquiry. Subject to appropriations for these purposes, the
21State Superintendent of Education shall reimburse non-public
22schools for fees paid to obtain criminal history records checks
23under this Section.
24    A non-public school may not obtain recognition status
25unless the school also performs a check of the Statewide Sex
26Offender Database, as authorized by the Sex Offender Community

 

 

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1Notification Law, for each applicant for employment, after July
21, 2007, to determine whether the applicant has been
3adjudicated a sex offender.
4    Any information concerning the record of convictions
5obtained by a non-public school's president or principal under
6this Section is confidential and may be disseminated only to
7the governing body of the non-public school or any other person
8necessary to the decision of hiring the applicant for
9employment. A copy of the record of convictions obtained from
10the Department of State Police shall be provided to the
11applicant for employment. Upon a check of the Statewide Sex
12Offender Database, the non-public school shall notify the
13applicant as to whether or not the applicant has been
14identified in the Sex Offender Database as a sex offender. Any
15information concerning the records of conviction obtained by
16the non-public school's president or principal under this
17Section for a substitute teacher seeking employment in more
18than one non-public school, a teacher seeking concurrent
19part-time employment positions with more than one non-public
20school (as a reading specialist, special education teacher, or
21otherwise), or an educational support personnel employee
22seeking employment positions with more than one non-public
23school may be shared with another non-public school's principal
24or president to which the applicant seeks employment. Any
25person who releases any criminal history record information
26concerning an applicant for employment is guilty of a Class A

 

 

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1misdemeanor and may be subject to prosecution under federal
2law, unless the release of such information is authorized by
3this Section.
4    No non-public school may obtain recognition status that
5knowingly employs a person, hired after July 1, 2007, for whom
6a Department of State Police and Federal Bureau of
7Investigation fingerprint-based criminal history records check
8and a Statewide Sex Offender Database check has not been
9initiated or who has been convicted of any offense enumerated
10in Section 21B-80 of this Code or any offense committed or
11attempted in any other state or against the laws of the United
12States that, if committed or attempted in this State, would
13have been punishable as one or more of those offenses. No
14non-public school may obtain recognition status under this
15Section that knowingly employs a person who has been found to
16be the perpetrator of sexual or physical abuse of a minor under
1718 years of age pursuant to proceedings under Article II of the
18Juvenile Court Act of 1987.
19    In order to obtain recognition status under this Section, a
20non-public school must require compliance with the provisions
21of this subsection (c-5) from all employees of persons or firms
22holding contracts with the school, including, but not limited
23to, food service workers, school bus drivers, and other
24transportation employees, who have direct, daily contact with
25pupils. Any information concerning the records of conviction or
26identification as a sex offender of any such employee obtained

 

 

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1by the non-public school principal or president must be
2promptly reported to the school's governing body.
3    (d) Public purposes. The provisions of this Section are in
4the public interest, for the public benefit, and serve secular
5public purposes.
6    (e) Definition. For purposes of this Section, a non-public
7school means any non-profit, non-home-based, and non-public
8elementary or secondary school that is in compliance with Title
9VI of the Civil Rights Act of 1964 and attendance at which
10satisfies the requirements of Section 26-1 of this Code.
11(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
 
12    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
13    Sec. 10-21.9. Criminal history records checks and checks of
14the Statewide Sex Offender Database and Statewide Murderer and
15Violent Offender Against Youth Database.
16    (a) Certified and noncertified applicants for employment
17with a school district, except school bus driver applicants,
18are required as a condition of employment to authorize a
19fingerprint-based criminal history records check to determine
20if such applicants have been convicted of any of the enumerated
21criminal or drug offenses in subsection (c) of this Section or
22have been convicted, within 7 years of the application for
23employment with the school district, of any other felony under
24the laws of this State or of any offense committed or attempted
25in any other state or against the laws of the United States

 

 

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1that, if committed or attempted in this State, would have been
2punishable as a felony under the laws of this State. A
3conviction for a felony more than 7 years prior to application
4for employment with the school district, other than those
5enumerated in Section 21B-80 of this Code, must not, in and of
6itself, be an automatic bar to employment. A conviction for a
7felony less than 7 years prior to employment, other than those
8enumerated in Section 21B-80 of this Code, is reviewable by the
9employer in accordance with its stated policy. Authorization
10for the check shall be furnished by the applicant to the school
11district, except that if the applicant is a substitute teacher
12seeking employment in more than one school district, a teacher
13seeking concurrent part-time employment positions with more
14than one school district (as a reading specialist, special
15education teacher or otherwise), or an educational support
16personnel employee seeking employment positions with more than
17one district, any such district may require the applicant to
18furnish authorization for the check to the regional
19superintendent of the educational service region in which are
20located the school districts in which the applicant is seeking
21employment as a substitute or concurrent part-time teacher or
22concurrent educational support personnel employee. Upon
23receipt of this authorization, the school district or the
24appropriate regional superintendent, as the case may be, shall
25submit the applicant's name, sex, race, date of birth, social
26security number, fingerprint images, and other identifiers, as

 

 

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

 

 

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1further perform a check of the Statewide Sex Offender Database,
2as authorized by the Sex Offender Community Notification Law,
3for each applicant.
4    (a-6) The school district or regional superintendent shall
5further perform a check of the Statewide Murderer and Violent
6Offender Against Youth Database, as authorized by the Murderer
7and Violent Offender Against Youth Community Notification Law,
8for each applicant.
9    (b) Any information concerning the record of convictions
10obtained by the president of the school board or the regional
11superintendent shall be confidential and may only be
12transmitted to the superintendent of the school district or his
13designee, the appropriate regional superintendent if the check
14was requested by the school district, the presidents of the
15appropriate school boards if the check was requested from the
16Department of State Police by the regional superintendent, the
17State Superintendent of Education, the State Teacher
18Certification Board, any other person necessary to the decision
19of hiring the applicant for employment, or for clarification
20purposes the Department of State Police or Statewide Sex
21Offender Database, or both. A copy of the record of convictions
22obtained from the Department of State Police shall be provided
23to the applicant for employment. Upon the check of the
24Statewide Sex Offender Database, the school district or
25regional superintendent shall notify an applicant as to whether
26or not the applicant has been identified in the Database as a

 

 

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

 

 

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1punishable as a felony under the laws of this State and
2evidencing that as of the date that the regional superintendent
3conducted a check of the Statewide Sex Offender Database, the
4applicant has not been identified in the Database as a sex
5offender. The school board of any school district may rely on
6the certificate issued by any regional superintendent to that
7substitute teacher, concurrent part-time teacher, or
8concurrent educational support personnel employee or may
9initiate its own criminal history records check of the
10applicant through the Department of State Police and its own
11check of the Statewide Sex Offender Database as provided in
12subsection (a). Any person who releases any confidential
13information concerning any criminal convictions of an
14applicant for employment shall be guilty of a Class A
15misdemeanor, unless the release of such information is
16authorized by this Section.
17    (c) No school board shall knowingly employ a person who has
18been convicted of any offense that would subject him or her to
19license suspension or revocation pursuant to Section 21B-80 of
20this Code. Further, no school board shall knowingly employ a
21person who has been found to be the perpetrator of sexual or
22physical abuse of any minor under 18 years of age pursuant to
23proceedings under Article II of the Juvenile Court Act of 1987.
24    (d) No school board shall knowingly employ a person for
25whom a criminal history records check and a Statewide Sex
26Offender Database check has not been initiated.

 

 

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1    (e) Upon receipt of the record of a conviction of or a
2finding of child abuse by a holder of any certificate issued
3pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
4Code, the State Superintendent of Education may initiate
5certificate suspension and revocation proceedings as
6authorized by law.
7    (e-5) The superintendent of the employing school board
8shall, in writing, notify the State Superintendent of Education
9and the applicable regional superintendent of schools of any
10certificate holder whom he or she has reasonable cause to
11believe has committed an intentional act of abuse or neglect
12with the result of making a child an abused child or a
13neglected child, as defined in Section 3 of the Abused and
14Neglected Child Reporting Act, and that act resulted in the
15certificate holder's dismissal or resignation from the school
16district. This notification must be submitted within 30 days
17after the dismissal or resignation. The certificate holder must
18also be contemporaneously sent a copy of the notice by the
19superintendent. All correspondence, documentation, and other
20information so received by the regional superintendent of
21schools, the State Superintendent of Education, the State Board
22of Education, or the State Teacher Certification Board under
23this subsection (e-5) is confidential and must not be disclosed
24to third parties, except (i) as necessary for the State
25Superintendent of Education or his or her designee to
26investigate and prosecute pursuant to Article 21 of this Code,

 

 

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

 

 

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1for each employee. Any information concerning the record of
2conviction and identification as a sex offender of any such
3employee obtained by the regional superintendent shall be
4promptly reported to the president of the appropriate school
5board or school boards.
6    (g) In order to student teach in the public schools, a
7person is required to authorize a fingerprint-based criminal
8history records check and checks of the Statewide Sex Offender
9Database and Statewide Murderer and Violent Offender Against
10Youth Database prior to participating in any field experiences
11in the public schools. Authorization for and payment of the
12costs of the checks must be furnished by the student teacher.
13Results of the checks must be furnished to the higher education
14institution where the student teacher is enrolled and the
15superintendent of the school district where the student is
16assigned.
17    (h) Upon request of a school, school district, community
18college district, or private school, any information obtained
19by a school district pursuant to subsection (f) of this Section
20within the last year must be made available to that school,
21school district, community college district, or private
22school.
23(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
2496-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
2597-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
 

 

 

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

 

 

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1    provision of Section 70 of that Act, provided that if the
2    terms and conditions of probation required by the court are
3    not fulfilled, the offense is not eligible for this
4    exception.
5        (4) Any attempt to commit any of the offenses listed in
6    items (1) through (3) of this definition.
7        (5) Any offense committed or attempted in any other
8    state or against the laws of the United States that, if
9    committed or attempted in this State, would have been
10    punishable as one or more of the offenses listed in items
11    (1) through (4) of this definition.
12The changes made by Public Act 96-431 to this the definition of
13"narcotics offense" are declaratory of existing law.
14    "Sex offense" means any one or more of the following
15offenses:
16        (A) Any offense defined in Sections 11-6, 11-9 through
17    11-9.5, inclusive, and 11-30 (if punished as a Class 4
18    felony) , of the Criminal Code of 1961 or the Criminal Code
19    of 2012; Sections 11-14.1 11-14 through 11-21, inclusive,
20    of the Criminal Code of 1961 or the Criminal Code of 2012;
21    Sections 11-23 (if punished as a Class 3 felony), 11-24,
22    11-25, and 11-26 of the Criminal Code of 1961 or the
23    Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
24    11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1,
25    12-15, 12-16, 12-32, 12-33, and 12C-45 of the Criminal Code
26    of 1961 or the Criminal Code of 2012.

 

 

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1        (B) Any attempt to commit any of the offenses listed in
2    item (A) of this definition.
3        (C) Any offense committed or attempted in any other
4    state that, if committed or attempted in this State, would
5    have been punishable as one or more of the offenses listed
6    in items (A) and (B) of this definition.
7    (a-5) Any conviction for a drug offense shall act as an
8automatic bar to employment and licensure for a period of 7
9years following the end of the sentence for the criminal
10offense. As used in this subsection (a-5), "sentence" includes
11any period of supervision or probation that was imposed either
12alone or in combination with a period of incarceration. After
13that, the conviction may be reviewed for employment or
14licensure.
15    (b) Whenever the holder of any license issued pursuant to
16this Article or applicant for a license to be issued pursuant
17to this Article has been convicted of any sex offense or drug
18narcotics offense, the State Superintendent of Education shall
19forthwith suspend the license or deny the application,
20whichever is applicable. If the conviction is reversed and the
21holder is acquitted of the offense in a new trial or the
22charges against him or her are dismissed, the State
23Superintendent of Education shall forthwith terminate the
24suspension of the license. When the conviction becomes final,
25the State Superintendent of Education shall forthwith revoke
26the license.

 

 

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1    (c) Whenever the holder of a license issued pursuant to
2this Article or applicant for a license to be issued pursuant
3to this Article has been convicted of attempting to commit,
4conspiring to commit, soliciting, or committing first degree
5murder or a Class X felony or any offense committed or
6attempted in any other state or against the laws of the United
7States that, if committed or attempted in this State, would
8have been punishable as one or more of the foregoing offenses,
9the State Superintendent of Education shall forthwith suspend
10the license or deny the application, whichever is applicable.
11If the conviction is reversed and the holder is acquitted of
12that offense in a new trial or the charges that he or she
13committed that offense are dismissed, the State Superintendent
14of Education shall forthwith terminate the suspension of the
15license. When the conviction becomes final, the State
16Superintendent of Education shall forthwith revoke the
17license.
18(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
197-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
20    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
21    Sec. 34-18.5. Criminal history records checks and checks of
22the Statewide Sex Offender Database and Statewide Murderer and
23Violent Offender Against Youth Database.
24    (a) Certified and noncertified applicants for employment
25with the school district are required as a condition of

 

 

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1employment to authorize a fingerprint-based criminal history
2records check to determine if such applicants have been
3convicted of any of the enumerated criminal or drug offenses in
4subsection (c) of this Section or have been convicted, within 7
5years of the application for employment with the school
6district, of any other felony under the laws of this State or
7of any offense committed or attempted in any other state or
8against the laws of the United States that, if committed or
9attempted in this State, would have been punishable as a felony
10under the laws of this State. A conviction for a felony more
11than 7 years prior to application for employment with the
12school district, other than those enumerated in Section 21B-80
13of this Code, must not, in and of itself, be an automatic bar
14to employment. A conviction for a felony less than 7 years
15prior to employment, other than those enumerated in Section
1621B-80 of this Code, is reviewable by the employer in
17accordance with its stated policy. Authorization for the check
18shall be furnished by the applicant to the school district,
19except that if the applicant is a substitute teacher seeking
20employment in more than one school district, or a teacher
21seeking concurrent part-time employment positions with more
22than one school district (as a reading specialist, special
23education teacher or otherwise), or an educational support
24personnel employee seeking employment positions with more than
25one district, any such district may require the applicant to
26furnish authorization for the check to the regional

 

 

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1superintendent of the educational service region in which are
2located the school districts in which the applicant is seeking
3employment as a substitute or concurrent part-time teacher or
4concurrent educational support personnel employee. Upon
5receipt of this authorization, the school district or the
6appropriate regional superintendent, as the case may be, shall
7submit the applicant's name, sex, race, date of birth, social
8security number, fingerprint images, and other identifiers, as
9prescribed by the Department of State Police, to the
10Department. The regional superintendent submitting the
11requisite information to the Department of State Police shall
12promptly notify the school districts in which the applicant is
13seeking employment as a substitute or concurrent part-time
14teacher or concurrent educational support personnel employee
15that the check of the applicant has been requested. The
16Department of State Police and the Federal Bureau of
17Investigation shall furnish, pursuant to a fingerprint-based
18criminal history records check, records of convictions, until
19expunged, to the president of the school board for the school
20district that requested the check, or to the regional
21superintendent who requested the check. The Department shall
22charge the school district or the appropriate regional
23superintendent a fee for conducting such check, which fee shall
24be deposited in the State Police Services Fund and shall not
25exceed the cost of the inquiry; and the applicant shall not be
26charged a fee for such check by the school district or by the

 

 

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1regional superintendent. Subject to appropriations for these
2purposes, the State Superintendent of Education shall
3reimburse the school district and regional superintendent for
4fees paid to obtain criminal history records checks under this
5Section.
6    (a-5) The school district or regional superintendent shall
7further perform a check of the Statewide Sex Offender Database,
8as authorized by the Sex Offender Community Notification Law,
9for each applicant.
10    (a-6) The school district or regional superintendent shall
11further perform a check of the Statewide Murderer and Violent
12Offender Against Youth Database, as authorized by the Murderer
13and Violent Offender Against Youth Community Notification Law,
14for each applicant.
15    (b) Any information concerning the record of convictions
16obtained by the president of the board of education or the
17regional superintendent shall be confidential and may only be
18transmitted to the general superintendent of the school
19district or his designee, the appropriate regional
20superintendent if the check was requested by the board of
21education for the school district, the presidents of the
22appropriate board of education or school boards if the check
23was requested from the Department of State Police by the
24regional superintendent, the State Superintendent of
25Education, the State Teacher Certification Board or any other
26person necessary to the decision of hiring the applicant for

 

 

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

 

 

09900HB0494ham002- 24 -LRB099 04171 MLM 34451 a

1offenses in subsection (c) of this Section or has not been
2convicted, within 7 years of the application for employment
3with the school district, of any other felony under the laws of
4this State or of any offense committed or attempted in any
5other state or against the laws of the United States that, if
6committed or attempted in this State, would have been
7punishable as a felony under the laws of this State and
8evidencing that as of the date that the regional superintendent
9conducted a check of the Statewide Sex Offender Database, the
10applicant has not been identified in the Database as a sex
11offender. The school board of any school district may rely on
12the certificate issued by any regional superintendent to that
13substitute teacher, concurrent part-time teacher, or
14concurrent educational support personnel employee or may
15initiate its own criminal history records check of the
16applicant through the Department of State Police and its own
17check of the Statewide Sex Offender Database as provided in
18subsection (a). Any person who releases any confidential
19information concerning any criminal convictions of an
20applicant for employment shall be guilty of a Class A
21misdemeanor, unless the release of such information is
22authorized by this Section.
23    (c) The board of education shall not knowingly employ a
24person who has been convicted of any offense that would subject
25him or her to license suspension or revocation pursuant to
26Section 21B-80 of this Code. Further, the board of education

 

 

09900HB0494ham002- 25 -LRB099 04171 MLM 34451 a

1shall not knowingly employ a person who has been found to be
2the perpetrator of sexual or physical abuse of any minor under
318 years of age pursuant to proceedings under Article II of the
4Juvenile Court Act of 1987.
5    (d) The board of education shall not knowingly employ a
6person for whom a criminal history records check and a
7Statewide Sex Offender Database check has not been initiated.
8    (e) Upon receipt of the record of a conviction of or a
9finding of child abuse by a holder of any certificate issued
10pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
11Code, the State Superintendent of Education may initiate
12certificate suspension and revocation proceedings as
13authorized by law.
14    (e-5) The general superintendent of schools shall, in
15writing, notify the State Superintendent of Education of any
16certificate holder whom he or she has reasonable cause to
17believe has committed an intentional act of abuse or neglect
18with the result of making a child an abused child or a
19neglected child, as defined in Section 3 of the Abused and
20Neglected Child Reporting Act, and that act resulted in the
21certificate holder's dismissal or resignation from the school
22district. This notification must be submitted within 30 days
23after the dismissal or resignation. The certificate holder must
24also be contemporaneously sent a copy of the notice by the
25superintendent. All correspondence, documentation, and other
26information so received by the State Superintendent of

 

 

09900HB0494ham002- 26 -LRB099 04171 MLM 34451 a

1Education, the State Board of Education, or the State Teacher
2Certification Board under this subsection (e-5) is
3confidential and must not be disclosed to third parties, except
4(i) as necessary for the State Superintendent of Education or
5his or her designee to investigate and prosecute pursuant to
6Article 21 of this Code, (ii) pursuant to a court order, (iii)
7for disclosure to the certificate holder or his or her
8representative, or (iv) as otherwise provided in this Article
9and provided that any such information admitted into evidence
10in a hearing is exempt from this confidentiality and
11non-disclosure requirement. Except for an act of willful or
12wanton misconduct, any superintendent who provides
13notification as required in this subsection (e-5) shall have
14immunity from any liability, whether civil or criminal or that
15otherwise might result by reason of such action.
16    (f) After March 19, 1990, the provisions of this Section
17shall apply to all employees of persons or firms holding
18contracts with any school district including, but not limited
19to, food service workers, school bus drivers and other
20transportation employees, who have direct, daily contact with
21the pupils of any school in such district. For purposes of
22criminal history records checks and checks of the Statewide Sex
23Offender Database on employees of persons or firms holding
24contracts with more than one school district and assigned to
25more than one school district, the regional superintendent of
26the educational service region in which the contracting school

 

 

09900HB0494ham002- 27 -LRB099 04171 MLM 34451 a

1districts are located may, at the request of any such school
2district, be responsible for receiving the authorization for a
3criminal history records check prepared by each such employee
4and submitting the same to the Department of State Police and
5for conducting a check of the Statewide Sex Offender Database
6for each employee. Any information concerning the record of
7conviction and identification as a sex offender of any such
8employee obtained by the regional superintendent shall be
9promptly reported to the president of the appropriate school
10board or school boards.
11    (g) In order to student teach in the public schools, a
12person is required to authorize a fingerprint-based criminal
13history records check and checks of the Statewide Sex Offender
14Database and Statewide Murderer and Violent Offender Against
15Youth Database prior to participating in any field experiences
16in the public schools. Authorization for and payment of the
17costs of the checks must be furnished by the student teacher.
18Results of the checks must be furnished to the higher education
19institution where the student teacher is enrolled and the
20general superintendent of schools.
21    (h) Upon request of a school, school district, community
22college district, or private school, any information obtained
23by the school district pursuant to subsection (f) of this
24Section within the last year must be made available to that
25school, school district, community college district, or
26private school.

 

 

09900HB0494ham002- 28 -LRB099 04171 MLM 34451 a

1(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
297-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
397-813, eff. 7-13-12.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".