Illinois General Assembly - Full Text of HB4360
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Full Text of HB4360  99th General Assembly

HB4360 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4360

 

Introduced , by Rep. Kelly M. Cassidy

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.9  from Ch. 122, par. 10-21.9
105 ILCS 5/21B-15
105 ILCS 5/21B-80
105 ILCS 5/34-18.5  from Ch. 122, par. 34-18.5

    Amends the School Code. Provides that no one may be licensed to teach or supervise in the public schools of this State who has been convicted of certain drug offenses until 7 years following the end of the sentence for the offense. Makes changes to provisions relating to the conviction of certain offenses as grounds for revocation of an educator license, including changing the definitions of terms, providing for disqualification for licensure, and providing that suspension of a license or denial of an application for a license of a person who has been convicted of certain drug offenses shall last until 7 years following the end of the sentence for the offense. Makes technical corrections in provisions requiring a criminal history records check to be performed with regard to applicants for employment with a school district. Effective immediately.


LRB099 15498 NHT 39787 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4360LRB099 15498 NHT 39787 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.9, 21B-15, 21B-80, and 34-18.5 as follows:
 
6    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
7    Sec. 10-21.9. Criminal history records checks and checks of
8the Statewide Sex Offender Database and Statewide Murderer and
9Violent Offender Against Youth Database.
10    (a) Certified and noncertified applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any of the enumerated
15criminal or drug offenses in subsection (c) of this Section or
16have been convicted, within 7 years of the application for
17employment with the school district, of any other felony under
18the laws of this State or of any offense committed or attempted
19in any other state or against the laws of the United States
20that, if committed or attempted in this State, would have been
21punishable as a felony under the laws of this State.
22Authorization for the check shall be furnished by the applicant
23to the school district, except that if the applicant is a

 

 

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1substitute teacher seeking employment in more than one school
2district, a teacher seeking concurrent part-time employment
3positions with more than one school district (as a reading
4specialist, special education teacher or otherwise), or an
5educational support personnel employee seeking employment
6positions with more than one district, any such district may
7require the applicant to furnish authorization for the check to
8the regional superintendent of the educational service region
9in which are located the school districts in which the
10applicant is seeking employment as a substitute or concurrent
11part-time teacher or concurrent educational support personnel
12employee. Upon receipt of this authorization, the school
13district or the appropriate regional superintendent, as the
14case may be, shall submit the applicant's name, sex, race, date
15of birth, social security number, fingerprint images, and other
16identifiers, as prescribed by the Department of State Police,
17to the Department. The regional superintendent submitting the
18requisite information to the Department of State Police shall
19promptly notify the school districts in which the applicant is
20seeking employment as a substitute or concurrent part-time
21teacher or concurrent educational support personnel employee
22that the check of the applicant has been requested. The
23Department of State Police and the Federal Bureau of
24Investigation shall furnish, pursuant to a fingerprint-based
25criminal history records check, records of convictions,
26forever and hereinafter, until expunged, to the president of

 

 

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

 

 

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1superintendent shall be confidential and may only be
2transmitted to the superintendent of the school district or his
3designee, the appropriate regional superintendent if the check
4was requested by the school district, the presidents of the
5appropriate school boards if the check was requested from the
6Department of State Police by the regional superintendent, the
7State Superintendent of Education, the State Teacher
8Certification Board, any other person necessary to the decision
9of hiring the applicant for employment, or for clarification
10purposes the Department of State Police or Statewide Sex
11Offender Database, or both. A copy of the record of convictions
12obtained from the Department of State Police shall be provided
13to the applicant for employment. Upon the check of the
14Statewide Sex Offender Database, the school district or
15regional superintendent shall notify an applicant as to whether
16or not the applicant has been identified in the Database as a
17sex offender. If a check of an applicant for employment as a
18substitute or concurrent part-time teacher or concurrent
19educational support personnel employee in more than one school
20district was requested by the regional superintendent, and the
21Department of State Police upon a check ascertains that the
22applicant has not been convicted of any of the enumerated
23criminal or drug offenses in subsection (c) of this Section or
24has not been convicted, within 7 years of the application for
25employment with the school district, of any other felony under
26the laws of this State or of any offense committed or attempted

 

 

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

 

 

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1check of the Statewide Sex Offender Database as provided in
2subsection (a). Any unauthorized release of confidential
3information may be a violation of Section 7 of the Criminal
4Identification Act.
5    (c) No school board shall knowingly employ a person who has
6been convicted of any offense that would subject him or her to
7license suspension or revocation pursuant to Section 21B-80 of
8this Code. Further, no school board shall knowingly employ a
9person who has been found to be the perpetrator of sexual or
10physical abuse of any minor under 18 years of age pursuant to
11proceedings under Article II of the Juvenile Court Act of 1987.
12    (d) No school board shall knowingly employ a person for
13whom a criminal history records check and a Statewide Sex
14Offender Database check has not been initiated.
15    (e) Upon receipt of the record of a conviction of or a
16finding of child abuse by a holder of any certificate issued
17pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
18Code, the State Superintendent of Education may initiate
19certificate suspension and revocation proceedings as
20authorized by law.
21    (e-5) The superintendent of the employing school board
22shall, in writing, notify the State Superintendent of Education
23and the applicable regional superintendent of schools of any
24certificate holder whom he or she has reasonable cause to
25believe has committed an intentional act of abuse or neglect
26with the result of making a child an abused child or a

 

 

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1neglected child, as defined in Section 3 of the Abused and
2Neglected Child Reporting Act, and that act resulted in the
3certificate holder's dismissal or resignation from the school
4district. This notification must be submitted within 30 days
5after the dismissal or resignation. The certificate holder must
6also be contemporaneously sent a copy of the notice by the
7superintendent. All correspondence, documentation, and other
8information so received by the regional superintendent of
9schools, the State Superintendent of Education, the State Board
10of Education, or the State Teacher Certification Board under
11this subsection (e-5) is confidential and must not be disclosed
12to third parties, except (i) as necessary for the State
13Superintendent of Education or his or her designee to
14investigate and prosecute pursuant to Article 21 of this Code,
15(ii) pursuant to a court order, (iii) for disclosure to the
16certificate holder or his or her representative, or (iv) as
17otherwise provided in this Article and provided that any such
18information admitted into evidence in a hearing is exempt from
19this confidentiality and non-disclosure requirement. Except
20for an act of willful or wanton misconduct, any superintendent
21who provides notification as required in this subsection (e-5)
22shall have immunity from any liability, whether civil or
23criminal or that otherwise might result by reason of such
24action.
25    (f) After January 1, 1990 the provisions of this Section
26shall apply to all employees of persons or firms holding

 

 

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

 

 

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1student teacher is required to authorize a fingerprint-based
2criminal history records check. Authorization for and payment
3of the costs of the check must be furnished by the student
4teacher to the school district where the student teaching is to
5be completed. Upon receipt of this authorization and payment,
6the school district shall submit the student teacher's name,
7sex, race, date of birth, social security number, fingerprint
8images, and other identifiers, as prescribed by the Department
9of State Police, to the Department of State Police. The
10Department of State Police and the Federal Bureau of
11Investigation shall furnish, pursuant to a fingerprint-based
12criminal history records check, records of convictions,
13forever and hereinafter, until expunged, to the president of
14the school board for the school district that requested the
15check. The Department shall charge the school district a fee
16for conducting the check, which fee must not exceed the cost of
17the inquiry and must be deposited into the State Police
18Services Fund. The school district shall further perform a
19check of the Statewide Sex Offender Database, as authorized by
20the Sex Offender Community Notification Law, and of the
21Statewide Murderer and Violent Offender Against Youth
22Database, as authorized by the Murderer and Violent Offender
23Against Youth Registration Act, for each student teacher. No
24school board may knowingly allow a person to student teach for
25whom a criminal history records check, a Statewide Sex Offender
26Database check, and a Statewide Murderer and Violent Offender

 

 

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1Against Youth Database check have not been completed and
2reviewed by the district.
3    A copy of the record of convictions obtained from the
4Department of State Police must be provided to the student
5teacher. Any information concerning the record of convictions
6obtained by the president of the school board is confidential
7and may only be transmitted to the superintendent of the school
8district or his or her designee, the State Superintendent of
9Education, the State Educator Preparation and Licensure Board,
10or, for clarification purposes, the Department of State Police
11or the Statewide Sex Offender Database or Statewide Murderer
12and Violent Offender Against Youth Database. Any unauthorized
13release of confidential information may be a violation of
14Section 7 of the Criminal Identification Act.
15    No school board may knowingly allow a person to student
16teach who has been convicted of any offense that would subject
17him or her to license suspension or revocation pursuant to
18Section 21B-80 of this Code or who has been found to be the
19perpetrator of sexual or physical abuse of a minor under 18
20years of age pursuant to proceedings under Article II of the
21Juvenile Court Act of 1987.
22    (h) (Blank).
23(Source: P.A. 99-21, eff. 1-1-16.)
 
24    (105 ILCS 5/21B-15)
25    Sec. 21B-15. Qualifications of educators.

 

 

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1    (a) No one may be licensed to teach or supervise or be
2otherwise employed in the public schools of this State who is
3not of good character and at least 20 years of age.
4    In determining good character under this Section, the State
5Superintendent of Education shall take into consideration the
6disciplinary actions of other states or national entities
7against certificates or licenses issued by those states and
8held by individuals from those states. In addition, any felony
9conviction of the applicant may be taken into consideration;
10however, no one may be licensed to teach or supervise in the
11public schools of this State who has been convicted of (i) an
12offense set forth in subsection (b) of Section 21B-80 of this
13Code until 7 years following the end of the sentence for the
14criminal offense or (ii) an offense set forth in subsection (c)
15of Section 21B-80 of this Code. Unless the conviction is for an
16offense set forth in Section 21B-80 of this Code, an applicant
17must be permitted to submit character references or other
18written material before such a conviction or other information
19regarding the applicant's character may be used by the State
20Superintendent of Education as a basis for denying the
21application.
22    (b) No person otherwise qualified shall be denied the right
23to be licensed or to receive training for the purpose of
24becoming an educator because of a physical disability,
25including, but not limited to, visual and hearing disabilities;
26nor shall any school district refuse to employ a teacher on

 

 

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1such grounds, provided that the person is able to carry out the
2duties of the position for which he or she applies.
3    (c) No person may be granted or continue to hold an
4educator license who has knowingly altered or misrepresented
5his or her qualifications, in this State or any other state, in
6order to acquire or renew the license. Any other license issued
7under this Article held by the person may be suspended or
8revoked by the State Educator Preparation and Licensure Board,
9depending upon the severity of the alteration or
10misrepresentation.
11    (d) No one may teach or supervise in the public schools nor
12receive for teaching or supervising any part of any public
13school fund who does not hold an educator license granted by
14the State Superintendent of Education as provided in this
15Article. However, the provisions of this Article do not apply
16to a member of the armed forces who is employed as a teacher of
17subjects in the Reserve Officers' Training Corps of any school,
18nor to an individual teaching a dual credit course as provided
19for in the Dual Credit Quality Act.
20    (e) Notwithstanding any other provision of this Code, the
21school board of a school district may grant to a teacher of the
22district a leave of absence with full pay for a period of not
23more than one year to permit the teacher to teach in a foreign
24state under the provisions of the Exchange Teacher Program
25established under Public Law 584, 79th Congress, and Public Law
26402, 80th Congress, as amended. The school board granting the

 

 

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1leave of absence may employ, with or without pay, a national of
2the foreign state wherein the teacher on the leave of absence
3is to teach if the national is qualified to teach in that
4foreign state and if that national is to teach in a grade level
5similar to the one that was taught in the foreign state. The
6State Board of Education, in consultation with the State
7Educator Preparation and Licensure Board, may adopt rules as
8may be necessary to implement this subsection (e).
9(Source: P.A. 97-607, eff. 8-26-11.)
 
10    (105 ILCS 5/21B-80)
11    Sec. 21B-80. Conviction of certain offenses as grounds for
12disqualification for licensure or suspension or revocation of a
13license.
14    (a) As used in this Section:
15    "Drug Narcotics offense" means any one or more of the
16following offenses:
17        (1) Any offense defined in the Cannabis Control Act,
18    except those defined in subdivisions (a), and (b), and (c)
19    of Section 4 and subdivisions subdivision (a) and (b) of
20    Section 5 of the Cannabis Control Act and any offense for
21    which the holder of a license is placed on probation under
22    the provisions of Section 10 of the Cannabis Control Act,
23    provided that if the terms and conditions of probation
24    required by the court are not fulfilled, the offense is not
25    eligible for this exception.

 

 

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1        (2) Any offense defined in the Illinois Controlled
2    Substances Act, except any offense for which the holder of
3    a license is placed on probation under the provisions of
4    Section 410 of the Illinois Controlled Substances Act,
5    provided that if the terms and conditions of probation
6    required by the court are not fulfilled, the offense is not
7    eligible for this exception.
8        (3) Any offense defined in the Methamphetamine Control
9    and Community Protection Act, except any offense for which
10    the holder of a license is placed on probation under the
11    provision of Section 70 of that Act, provided that if the
12    terms and conditions of probation required by the court are
13    not fulfilled, the offense is not eligible for this
14    exception.
15        (4) Any attempt to commit any of the offenses listed in
16    items (1) through (3) of this definition.
17        (5) Any offense committed or attempted in any other
18    state or against the laws of the United States that, if
19    committed or attempted in this State, would have been
20    punishable as one or more of the offenses listed in items
21    (1) through (4) of this definition.
22The changes made by Public Act 96-431 to this the definition of
23"narcotics offense" are declaratory of existing law.
24    "Sentence" includes any period of supervision or probation
25that was imposed either alone or in combination with a period
26of incarceration.

 

 

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1    "Sex offense" means any one or more of the following
2offenses:
3        (A) Any offense defined in Sections 11-6, 11-9 through
4    11-9.5, inclusive, and 11-30 (if punished as a Class 4
5    felony) , of the Criminal Code of 1961 or the Criminal Code
6    of 2012; Sections 11-14.1 11-14 through 11-21, inclusive,
7    of the Criminal Code of 1961 or the Criminal Code of 2012;
8    Sections 11-23 (if punished as a Class 3 felony), 11-24,
9    11-25, and 11-26 of the Criminal Code of 1961 or the
10    Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
11    11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1,
12    12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished
13    pursuant to subdivision (4) or (5) of subsection (d) of
14    Section 26-4) of the Criminal Code of 1961 or the Criminal
15    Code of 2012.
16        (B) Any attempt to commit any of the offenses listed in
17    item (A) of this definition.
18        (C) Any offense committed or attempted in any other
19    state that, if committed or attempted in this State, would
20    have been punishable as one or more of the offenses listed
21    in items (A) and (B) of this definition.
22    (b) Whenever the holder of any license issued pursuant to
23this Article or applicant for a license to be issued pursuant
24to this Article has been convicted of any drug sex offense or
25narcotics offense, other than as provided in subsection (c) of
26this Section, the State Superintendent of Education shall

 

 

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1forthwith suspend the license or deny the application,
2whichever is applicable, until 7 years following the end of the
3sentence for the criminal offense. If the conviction is
4reversed and the holder is acquitted of the offense in a new
5trial or the charges against him or her are dismissed, the
6State Superintendent of Education shall forthwith terminate
7the suspension of the license. When the conviction becomes
8final, the State Superintendent of Education shall forthwith
9revoke the license.
10    (c) Whenever the holder of a license issued pursuant to
11this Article or applicant for a license to be issued pursuant
12to this Article has been convicted of attempting to commit,
13conspiring to commit, soliciting, or committing any sex
14offense, first degree murder, or a Class X felony or any
15offense committed or attempted in any other state or against
16the laws of the United States that, if committed or attempted
17in this State, would have been punishable as one or more of the
18foregoing offenses, the State Superintendent of Education
19shall forthwith suspend the license or deny the application,
20whichever is applicable. If the conviction is reversed and the
21holder is acquitted of that offense in a new trial or the
22charges that he or she committed that offense are dismissed,
23the State Superintendent of Education shall forthwith
24terminate the suspension of the license. When the conviction
25becomes final, the State Superintendent of Education shall
26forthwith revoke the license.

 

 

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1(Source: P.A. 99-58, eff. 7-16-15.)
 
2    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
3    Sec. 34-18.5. Criminal history records checks and checks of
4the Statewide Sex Offender Database and Statewide Murderer and
5Violent Offender Against Youth Database.
6    (a) Certified and noncertified applicants for employment
7with the school district are required as a condition of
8employment to authorize a fingerprint-based criminal history
9records check to determine if such applicants have been
10convicted of any of the enumerated criminal or drug offenses in
11subsection (c) of this Section or have been convicted, within 7
12years of the application for employment with the school
13district, of any other felony under the laws of this State or
14of any offense committed or attempted in any other state or
15against the laws of the United States that, if committed or
16attempted in this State, would have been punishable as a felony
17under the laws of this State. Authorization for the check shall
18be furnished by the applicant to the school district, except
19that 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

 

 

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

 

 

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1the applicant shall not be charged a fee for such check by the
2school district or by the regional superintendent. Subject to
3appropriations for these purposes, the State Superintendent of
4Education shall reimburse the school district and regional
5superintendent for fees paid to obtain criminal history records
6checks under this Section.
7    (a-5) The school district or regional superintendent shall
8further perform a check of the Statewide Sex Offender Database,
9as authorized by the Sex Offender Community Notification Law,
10for each applicant.
11    (a-6) The school district or regional superintendent shall
12further perform a check of the Statewide Murderer and Violent
13Offender Against Youth Database, as authorized by the Murderer
14and Violent Offender Against Youth Community Notification Law,
15for each applicant.
16    (b) Any information concerning the record of convictions
17obtained by the president of the board of education or the
18regional superintendent shall be confidential and may only be
19transmitted to the general superintendent of the school
20district or his designee, the appropriate regional
21superintendent if the check was requested by the board of
22education for the school district, the presidents of the
23appropriate board of education or school boards if the check
24was requested from the Department of State Police by the
25regional superintendent, the State Superintendent of
26Education, the State Teacher Certification Board or any other

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1district, be responsible for receiving the authorization for a
2criminal history records check prepared by each such employee
3and submitting the same to the Department of State Police and
4for conducting a check of the Statewide Sex Offender Database
5for each employee. Any information concerning the record of
6conviction and identification as a sex offender of any such
7employee obtained by the regional superintendent shall be
8promptly reported to the president of the appropriate school
9board or school boards.
10    (f-5) Upon request of a school or school district, any
11information obtained by the school district pursuant to
12subsection (f) of this Section within the last year must be
13made available to the requesting school or school district.
14    (g) Prior to the commencement of any student teaching
15experience or required internship (which is referred to as
16student teaching in this Section) in the public schools, a
17student teacher is required to authorize a fingerprint-based
18criminal history records check. Authorization for and payment
19of the costs of the check must be furnished by the student
20teacher to the school district. Upon receipt of this
21authorization and payment, the school district shall submit the
22student teacher's name, sex, race, date of birth, social
23security number, fingerprint images, and other identifiers, as
24prescribed by the Department of State Police, to the Department
25of State Police. The Department of State Police and the Federal
26Bureau of Investigation shall furnish, pursuant to a

 

 

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1fingerprint-based criminal history records check, records of
2convictions, forever and hereinafter, until expunged, to the
3president of the board. The Department shall charge the school
4district a fee for conducting the check, which fee must not
5exceed the cost of the inquiry and must be deposited into the
6State Police Services Fund. The school district shall further
7perform a check of the Statewide Sex Offender Database, as
8authorized by the Sex Offender Community Notification Law, and
9of the Statewide Murderer and Violent Offender Against Youth
10Database, as authorized by the Murderer and Violent Offender
11Against Youth Registration Act, for each student teacher. The
12board may not knowingly allow a person to student teach for
13whom a criminal history records check, a Statewide Sex Offender
14Database check, and a Statewide Murderer and Violent Offender
15Against Youth Database check have not been completed and
16reviewed by the district.
17    A copy of the record of convictions obtained from the
18Department of State Police must be provided to the student
19teacher. Any information concerning the record of convictions
20obtained by the president of the board is confidential and may
21only be transmitted to the general superintendent of schools or
22his or her designee, the State Superintendent of Education, the
23State Educator Preparation and Licensure Board, or, for
24clarification purposes, the Department of State Police or the
25Statewide Sex Offender Database or Statewide Murderer and
26Violent Offender Against Youth Database. Any unauthorized

 

 

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1release of confidential information may be a violation of
2Section 7 of the Criminal Identification Act.
3    The board may not knowingly allow a person to student teach
4who has been convicted of any offense that would subject him or
5her to license suspension or revocation pursuant to Section
621B-80 of this Code or who has been found to be the perpetrator
7of sexual or physical abuse of a minor under 18 years of age
8pursuant to proceedings under Article II of the Juvenile Court
9Act of 1987.
10    (h) (Blank).
11(Source: P.A. 99-21, eff. 1-1-16.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.