HB4316ham001 102ND GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 2/15/2022

 

 


 

 


 
10200HB4316ham001LRB102 20411 NLB 36184 a

1
AMENDMENT TO HOUSE BILL 4316

2    AMENDMENT NO. ______. Amend House Bill 4316 as follows:
 
3on page 1, line 5, after "10-21.9," by inserting "21B-75,
426A-30,"; and
 
5on page 13, immediately below line 11, by inserting the
6following:
 
7    "(105 ILCS 5/21B-75)
8    Sec. 21B-75. Suspension or revocation of license,
9endorsement, or approval.
10    (a) As used in this Section, "teacher" means any school
11district employee regularly required to be licensed, as
12provided in this Article, in order to teach or supervise in the
13public schools.
14    (b) The State Superintendent of Education has the
15exclusive authority, in accordance with this Section and any

 

 

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1rules adopted by the State Board of Education, in consultation
2with the State Educator Preparation and Licensure Board, to
3initiate the suspension of up to 5 calendar years or
4revocation of any license, endorsement, or approval issued
5pursuant to this Article for abuse or neglect of a child,
6sexual misconduct as defined in subsection (c) of Section
722-85.5 of this Code, immorality, a condition of health
8detrimental to the welfare of pupils, incompetency,
9unprofessional conduct (which includes the failure to disclose
10on an employment application any previous conviction for a sex
11offense, as defined in Section 21B-80 of this Code, or any
12other offense committed in any other state or against the laws
13of the United States that, if committed in this State, would be
14punishable as a sex offense, as defined in Section 21B-80 of
15this Code), the neglect of any professional duty, willful or
16negligent failure to report an instance of suspected child
17abuse or neglect as required by the Abused and Neglected Child
18Reporting Act, or other just cause. Negligent failure to
19report an instance of suspected child abuse or neglect occurs
20when a teacher personally observes an instance of suspected
21child abuse or neglect and reasonably believes, in his or her
22professional or official capacity, that the instance
23constitutes an act of child abuse or neglect under the Abused
24and Neglected Child Reporting Act, and he or she, without
25willful intent, fails to immediately report or cause a report
26to be made of the suspected abuse or neglect to the Department

 

 

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1of Children and Family Services, as required by the Abused and
2Neglected Child Reporting Act. Unprofessional conduct shall
3include the refusal to attend or participate in institutes,
4teachers' meetings, or professional readings or to meet other
5reasonable requirements of the regional superintendent of
6schools or State Superintendent of Education. Unprofessional
7conduct also includes conduct that violates the standards,
8ethics, or rules applicable to the security, administration,
9monitoring, or scoring of or the reporting of scores from any
10assessment test or examination administered under Section
112-3.64a-5 of this Code or that is known or intended to produce
12or report manipulated or artificial, rather than actual,
13assessment or achievement results or gains from the
14administration of those tests or examinations. Unprofessional
15conduct shall also include neglect or unnecessary delay in the
16making of statistical and other reports required by school
17officers. Incompetency shall include, without limitation, 2 or
18more school terms of service for which the license holder has
19received an unsatisfactory rating on a performance evaluation
20conducted pursuant to Article 24A of this Code within a period
21of 7 school terms of service. In determining whether to
22initiate action against one or more licenses based on
23incompetency and the recommended sanction for such action, the
24State Superintendent shall consider factors that include
25without limitation all of the following:
26        (1) Whether the unsatisfactory evaluation ratings

 

 

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1    occurred prior to June 13, 2011 (the effective date of
2    Public Act 97-8).
3        (2) Whether the unsatisfactory evaluation ratings
4    occurred prior to or after the implementation date, as
5    defined in Section 24A-2.5 of this Code, of an evaluation
6    system for teachers in a school district.
7        (3) Whether the evaluator or evaluators who performed
8    an unsatisfactory evaluation met the pre-licensure and
9    training requirements set forth in Section 24A-3 of this
10    Code.
11        (4) The time between the unsatisfactory evaluation
12    ratings.
13        (5) The quality of the remediation plans associated
14    with the unsatisfactory evaluation ratings and whether the
15    license holder successfully completed the remediation
16    plans.
17        (6) Whether the unsatisfactory evaluation ratings were
18    related to the same or different assignments performed by
19    the license holder.
20        (7) Whether one or more of the unsatisfactory
21    evaluation ratings occurred in the first year of a
22    teaching or administrative assignment.
23When initiating an action against one or more licenses, the
24State Superintendent may seek required professional
25development as a sanction in lieu of or in addition to
26suspension or revocation. Any such required professional

 

 

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1development must be at the expense of the license holder, who
2may use, if available and applicable to the requirements
3established by administrative or court order, training,
4coursework, or other professional development funds in
5accordance with the terms of an applicable collective
6bargaining agreement entered into after June 13, 2011 (the
7effective date of Public Act 97-8), unless that agreement
8specifically precludes use of funds for such purpose.
9    (c) The State Superintendent of Education shall, upon
10receipt of evidence of abuse or neglect of a child,
11immorality, a condition of health detrimental to the welfare
12of pupils, incompetency (subject to subsection (b) of this
13Section), unprofessional conduct, the neglect of any
14professional duty, or other just cause, further investigate
15and, if and as appropriate, serve written notice to the
16individual and afford the individual opportunity for a hearing
17prior to suspension, revocation, or other sanction; provided
18that the State Superintendent is under no obligation to
19initiate such an investigation if the Department of Children
20and Family Services is investigating the same or substantially
21similar allegations and its child protective service unit has
22not made its determination, as required under Section 7.12 of
23the Abused and Neglected Child Reporting Act. If the State
24Superintendent of Education does not receive from an
25individual a request for a hearing within 10 days after the
26individual receives notice, the suspension, revocation, or

 

 

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1other sanction shall immediately take effect in accordance
2with the notice. If a hearing is requested within 10 days after
3notice of an opportunity for hearing, it shall act as a stay of
4proceedings until the State Educator Preparation and Licensure
5Board issues a decision. Any hearing shall take place in the
6educational service region where the educator is or was last
7employed and in accordance with rules adopted by the State
8Board of Education, in consultation with the State Educator
9Preparation and Licensure Board, and such rules shall include
10without limitation provisions for discovery and the sharing of
11information between parties prior to the hearing. The standard
12of proof for any administrative hearing held pursuant to this
13Section shall be by the preponderance of the evidence. The
14decision of the State Educator Preparation and Licensure Board
15is a final administrative decision and is subject to judicial
16review by appeal of either party.
17    The State Board of Education may refuse to issue or may
18suspend the license of any person who fails to file a return or
19to pay the tax, penalty, or interest shown in a filed return or
20to pay any final assessment of tax, penalty, or interest, as
21required by any tax Act administered by the Department of
22Revenue, until such time as the requirements of any such tax
23Act are satisfied.
24    The exclusive authority of the State Superintendent of
25Education to initiate suspension or revocation of a license
26pursuant to this Section does not preclude a regional

 

 

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1superintendent of schools from cooperating with the State
2Superintendent or a State's Attorney with respect to an
3investigation of alleged misconduct.
4    (d) The State Superintendent of Education or his or her
5designee may initiate and conduct such investigations as may
6be reasonably necessary to establish the existence of any
7alleged misconduct. At any stage of the investigation, the
8State Superintendent may issue a subpoena requiring the
9attendance and testimony of a witness, including the license
10holder, and the production of any evidence, including files,
11records, correspondence, or documents, relating to any matter
12in question in the investigation. The subpoena shall require a
13witness to appear at the State Board of Education at a
14specified date and time and shall specify any evidence to be
15produced. The license holder is not entitled to be present,
16but the State Superintendent shall provide the license holder
17with a copy of any recorded testimony prior to a hearing under
18this Section. Such recorded testimony must not be used as
19evidence at a hearing, unless the license holder has adequate
20notice of the testimony and the opportunity to cross-examine
21the witness. Failure of a license holder to comply with a duly
22issued, investigatory subpoena may be grounds for revocation,
23suspension, or denial of a license.
24    (e) All correspondence, documentation, and other
25information so received by the regional superintendent of
26schools, the State Superintendent of Education, the State

 

 

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1Board of Education, or the State Educator Preparation and
2Licensure Board under this Section is confidential and must
3not be disclosed to third parties, except (i) as necessary for
4the State Superintendent of Education or his or her designee
5to investigate and prosecute pursuant to this Article, (ii)
6pursuant to a court order, (iii) for disclosure to the license
7holder or his or her representative, or (iv) as otherwise
8required in this Article and provided that any such
9information admitted into evidence in a hearing is exempt from
10this confidentiality and non-disclosure requirement.
11    (f) The State Superintendent of Education or a person
12designated by him or her shall have the power to administer
13oaths to witnesses at any hearing conducted before the State
14Educator Preparation and Licensure Board pursuant to this
15Section. The State Superintendent of Education or a person
16designated by him or her is authorized to subpoena and bring
17before the State Educator Preparation and Licensure Board any
18person in this State and to take testimony either orally or by
19deposition or by exhibit, with the same fees and mileage and in
20the same manner as prescribed by law in judicial proceedings
21in civil cases in circuit courts of this State.
22    (g) Any circuit court, upon the application of the State
23Superintendent of Education or the license holder, may, by
24order duly entered, require the attendance of witnesses and
25the production of relevant books and papers as part of any
26investigation or at any hearing the State Educator Preparation

 

 

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1and Licensure Board is authorized to conduct pursuant to this
2Section, and the court may compel obedience to its orders by
3proceedings for contempt.
4    (h) The State Board of Education shall receive an annual
5line item appropriation to cover fees associated with the
6investigation and prosecution of alleged educator misconduct
7and hearings related thereto.
8(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)";
9and
 
10by replacing page 13, line 14 through page 27, line 20 with the
11following:
12    "(a) The governing body of each school district, charter
13school, or nonpublic school shall implement a procedure under
14which notice is provided to the parents or guardians of an
15enrolled student, unless the student is at least 18 years of
16age or emancipated, with whom an employee, agent of the
17school, or a contractor of the school is alleged to have
18engaged in sexual misconduct as defined in subsection (c) of
19Section 22-85.5 of this Code. Notice provided to the parent or
20guardian of a student with a disability must not conflict with
21the student's individualized education plan or a Section 504
22plan under the federal Rehabilitation Act of 1973 and the
23requirements of applicable State or federal law. The procedure
24shall include:
25        (1) Consideration of the time frame for providing

 

 

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1    notice to the student and the student's parents or
2    guardians if the alleged sexual misconduct is also being
3    investigated by the Illinois Department of Children and
4    Family Services or law enforcement as described in Section
5    22-85 of this Code.
6        (2) Prior to notification of the student's parents or
7    guardians, notification must first be provided to the
8    student in a developmentally appropriate manner and
9    include:
10            (A) that notice will be given to the student's
11        parents or guardians;
12            (B) what information will be included in the
13        notice to the student's parents or guardians;
14            (C) available resources for the student within the
15        school and community in accordance with Article 26A of
16        this Code and available counseling services under
17        Section 3-550 of the Mental Health and Developmental
18        Disabilities Code; and
19            (D) beginning July 1, 2025, the name and contact
20        information for the domestic and sexual violence and
21        parenting resource coordinator under Section 26A-35 of
22        this Code.
23        (3) After notification of the student as required
24    under paragraph (2), the student's parents or guardians
25    shall be notified in writing:
26            (A) of the alleged misconduct; and

 

 

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1            (B) of available resources for the student within
2        the school and the community in accordance with
3        Article 26A of this Code and, beginning on July 1,
4        2025, the name and contact information for the
5        domestic and sexual violence and parenting resource
6        coordinator under Section 26A-35 of this Code.
7        (4) Notification must be provided as soon as feasible
8    after the employing entity becomes aware that alleged
9    misconduct may have occurred, subject to the requirements
10    of subsection (f) of Section 22-85 of this Code.
11    (b) The governing body of each school district, charter
12school, or nonpublic school shall implement a procedure under
13which notice is provided to the parents or guardians of a
14student, subject to subsection (a), when any formal action has
15been taken by the governing body relating to the employment of
16the alleged perpetrator following the investigation of sexual
17misconduct, including whether employment was terminated or
18whether the governing body accepted the resignation of the
19employee. Notice provided to the parents or guardians of a
20student with a disability must not conflict with the student's
21individualized education plan or a Section 504 plan under the
22federal Rehabilitation Act of 1973 and the requirements of
23applicable State or federal law. The procedure shall include:
24        (1) Consideration of the time frame for providing
25    notice to the student and the student's parents or
26    guardians if the alleged sexual misconduct is also being

 

 

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1    investigated by the Illinois Department of Children and
2    Family Services or law enforcement as described in Section
3    22-85 of this Code.
4        (2) Prior to notification of the student's parents or
5    guardians, notification must first be provided to the
6    student in a developmentally appropriate manner and
7    include:
8            (A) that notice will be given to the student's
9        parent or guardian of the governing body's action;
10            (B) what information will be included in the
11        notice to the student's parents or guardians;
12            (C) available resources for the student within the
13        school and community in accordance with Article 26A of
14        this Code and available counseling services under
15        Section 3-550 of the Mental Health and Developmental
16        Disabilities Code; and
17            (D) beginning July 1, 2025, the name and contact
18        information for the domestic and sexual violence and
19        parenting resource coordinator under Section 26A-35 of
20        this Code.
21        (3) After notification of the student as required
22    paragraph (2), the student's parents or guardians shall be
23    notified in writing:
24            (A) of the governing body's action;
25            (B) whether a report concerning the alleged sexual
26        misconduct was or will be submitted to the State

 

 

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1        Superintendent of Education and the applicable
2        regional superintendent of schools pursuant to Section
3        10-21.9 of this Code; and
4            (C) of available resources for the student within
5        the school and the community in accordance with
6        Article 26A of this Code and, beginning on July 1,
7        2025, the name and contact information for the
8        domestic and sexual violence and parenting resource
9        coordinator under Section 26A-35 of this Code.
10        (4) Notification must be provided as soon as feasible
11    after the board action is taken, subject to the
12    requirements of subsection (f) of Section 22-85 of this
13    Code.
14        (5) For the purposes of subsection (b), if the student
15    is no longer enrolled at the time formal action is taken,
16    sending written notice to the last known address in the
17    student's file fulfills notification requirements.
18    (c) Notwithstanding any other provision of this Section,
19notification to the student prior to notification of the
20student's parents or guardians shall not be required to the
21extent an employee or agent of the school district, charter
22school, or nonpublic school deems it necessary to address an
23imminent risk of serious physical injury or death of a student
24or another person, including the victim. If prior notification
25to the student is not given, notification to the student shall
26be provided as soon as practicable and without delay following

 

 

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1the notification to the student's parents or guardians.
2    (d) Subsections (a) and (b) shall not apply if the
3student's parent or guardian is the alleged perpetrator of the
4misconduct.
 
5    (105 ILCS 5/22-94 new)
6    Sec. 22-94. Employment history review.
7    (a) This Section applies to all permanent and temporary
8positions for employment with a school or a contractor of a
9school involving direct contact with children or students.
10    (b) In this Section:
11    "Contractor" means firms holding contracts with any school
12including, but not limited to, food service workers, school
13bus drivers and other transportation employees, who have
14direct contact with children or students.
15    "Direct contact with children or students" means the
16possibility of care, supervision, guidance, or control of
17children or students or routine interaction with children or
18students.
19    "School" means a public or nonpublic elementary or
20secondary school.
21    "Sexual misconduct" has the meaning ascribed to it in
22subsection (c) of Section 22-85.5 of this Code.
23    (c) Prior to hiring an applicant to work directly with
24children or students, a school or contractor must ensure that
25the following criteria are met:

 

 

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1        (1) the school or contractor has no knowledge or
2    information pertaining to the applicant that would
3    disqualify the applicant from employment;
4        (2) the applicant swears or affirms that the applicant
5    is not disqualified from employment;
6        (3) using the template developed by the State Board of
7    Education, the applicant provides all of the following:
8            (A) a list, including the name, address, telephone
9        number, and other relevant contact information of the
10        following:
11                (i) the applicant's current employer;
12                (ii) all former employers of the applicant
13            that were schools or school contractors, as well
14            as all former employers at which the applicant had
15            direct contact with children or students;
16            (B) A written authorization that consents to and
17        authorizes disclosure by the applicant's current and
18        former employers under subparagraph (A) of this
19        paragraph (3) of the information requested under
20        paragraph (4) of this subsection (c) and the release
21        of related records and that releases those employers
22        from any liability that may arise from such disclosure
23        or release of records pursuant to subsection (e).
24            (C) A written statement of whether the applicant:
25                (i) has been the subject of a sexual
26            misconduct allegation, unless a subsequent

 

 

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1            investigation resulted in a finding that the
2            allegation was false, unfounded, or
3            unsubstantiated;
4                (ii) has ever been discharged from, been asked
5            to resign from, resigned from, or otherwise been
6            separated from any employment, has ever been
7            disciplined by an employer, or has ever had an
8            employment contract not renewed due to an
9            adjudication or finding of sexual misconduct or
10            while an allegation of sexual misconduct was
11            pending or under investigation, unless the
12            investigation resulted in a finding that the
13            allegation was false, unfounded, or
14            unsubstantiated; or
15                (iii) has ever had a license or certificate
16            suspended, surrendered, or revoked or had an
17            application for licensure, approval, or
18            endorsement denied due to an adjudication or
19            finding of sexual misconduct or while an
20            allegation of sexual misconduct was pending or
21            under investigation, unless the investigation
22            resulted in a finding that the allegation was
23            false, unfounded, or unsubstantiated.
24        (4) The school or contractor shall initiate a review
25    of the employment history of the applicant by contacting
26    those employers listed by the applicant under subparagraph

 

 

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1    (A) of paragraph (3) of this subsection (c) and, using the
2    template developed by the State Board of Education,
3    request all of the following information:
4            (A) the dates of employment of the applicant;
5            (B) a statement as to whether the applicant:
6                (i) has been the subject of a sexual
7            misconduct allegation, unless a subsequent
8            investigation resulted in a finding that the
9            allegation was false, unfounded, or
10            unsubstantiated;
11                (ii) was discharged from, was asked to resign
12            from, resigned from, or was otherwise separated
13            from any employment, was disciplined by the
14            employer, or had an employment contract not
15            renewed due to an adjudication or finding of
16            sexual misconduct or while an allegation of sexual
17            misconduct was pending or under investigation,
18            unless the investigation resulted in a finding
19            that the allegation was false, unfounded, or
20            unsubstantiated; or
21                (iii) has ever had a license or certificate
22            suspended, surrendered, or revoked due to an
23            adjudication or finding of sexual misconduct or
24            while an allegation of sexual misconduct was
25            pending or under investigation, unless the
26            investigation resulted in a finding that the

 

 

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1            allegation was false, unfounded, or
2            unsubstantiated.
3            (C) The template shall include the following
4        option: if the employer does not have records or
5        evidence regarding the questions in items (i) through
6        (iii) of subparagraph (B) of paragraph (4) of
7        subsection (c), the employer may state that there is
8        no knowledge of information pertaining to the
9        applicant that would disqualify the applicant from
10        employment.
11        (5) For applicants licensed by the State Board of
12    Education, the school district, charter school, or
13    nonpublic school shall verify the applicant's reported
14    previous employers with previous employers in the State
15    Board of Education's educator licensure database to ensure
16    accuracy.
17    (d) An applicant who provides false information or
18willfully fails to disclose information required in subsection
19(c) shall be subject to discipline, up to and including
20termination or denial of employment.
21    (e) No later than 20 days after receiving a request for
22information required under paragraph (4) of subsection (c), an
23employer who has or had an employment relationship with the
24applicant shall disclose the information requested. If the
25employer has an office of human resources or a central office,
26information shall be provided by that office. The employer who

 

 

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1has or had an employment relationship with the applicant shall
2disclose the information on the template developed by the
3State Board of Education. For any affirmative response to
4items (i) through (iii) of subparagraph (B) or paragraph (4)
5of subsection (c), the employer who has or had an employment
6relationship with the applicant shall provide additional
7information about the matters disclosed and all related
8records.
9    A school shall complete the template at time of separation
10from employment, or at the request of the employee, and
11maintain it as part of the employee's personnel file. If the
12school completes an investigation after an employee's
13separation from employment, the school shall update the
14information accordingly.
15    Information received under this Section shall not be
16deemed a public record.
17    A school or contractor who receives information under this
18subsection (e) may use the information for the purpose of
19evaluating an applicant's fitness to be hired or for continued
20employment and may report the information, as appropriate, to
21the State Board of Education, a State licensing agency, a law
22enforcement agency, a child protective services agency,
23another school or contractor, or a prospective employer.
24    An employer, school, school administrator, or contractor
25who provides information or records about a current or former
26employee or applicant under this Section is immune from

 

 

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1criminal and civil liability for the disclosure of the
2information or records, unless the information or records
3provided were knowingly false. This immunity shall be in
4addition to and not a limitation on any other immunity
5provided by law or any absolute or conditional privileges
6applicable to the disclosure by virtue of the circumstances or
7the applicant's consent to the disclosure and shall extent to
8any circumstances when the employer, school, school
9administrator, or contractor in good faith shares findings of
10sexual misconduct with another employer.
11    Unless the laws of another state prevent the release of
12the information or records requested or disclosure is
13restricted by the terms of a contract entered into prior to the
14effective date of this amendatory Act of the 102nd General
15Assembly, and notwithstanding any other provisions of law to
16the contrary, an employer, school, school administrator,
17contractor, or applicant shall report and disclose, in
18accordance with this Section, all relevant information,
19records, and documentation that may otherwise be confidential.
20    (f) A school or contractor may not hire an applicant who
21does not provide the information required under subsection (c)
22for a position involving direct contact with children or
23students.
24    (g) Beginning on the effective date of this amendatory Act
25of the 102nd General Assembly, a school or contractor may not
26enter into a collective bargaining agreement, an employment

 

 

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1contract, an agreement for resignation or termination, a
2severance agreement, or any other contract or agreement or
3take any action that:
4        (1) has the effect of suppressing information
5    concerning a pending investigation or a completed
6    investigation in which an allegation was substantiated
7    related to a report of suspected sexual misconduct by a
8    current or former employee;
9        (2) affects the ability of the school or contractor to
10    report suspected sexual misconduct to the appropriate
11    authorities; or
12        (3) requires the school or contractor to expunge
13    information about allegations or findings of suspected
14    sexual misconduct from any documents maintained by the
15    school or contractor, unless, after an investigation, an
16    allegation is found to be false, unfounded, or
17    unsubstantiated.
18    (h) Any provision of an employment contract or agreement
19for resignation or termination or a severance agreement that
20is executed, amended, or entered into on or after the
21effective date of this amendatory Act of the 102nd General
22Assembly and that is contrary to this Section is void and
23unenforceable.
24    (i) For substitute employees, all of the following apply:
25        (1) The employment history review required by this
26    Section is required only prior to the initial hiring of a

 

 

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1    substitute employee or placement on a school's approved
2    substitute list and shall remain valid as long as the
3    substitute employee continues to be employed by the same
4    school or remains on the school's approved substitute
5    list.
6        (2) A substitute employee seeking to be added to
7    another school's substitute list shall undergo an
8    additional employment history review under this Section.
9    Except as otherwise provided in paragraph (3) of this
10    subsection (i) or in subsection (k), the appearance of a
11    substitute employee on one school's substitute list does
12    not relieve another school from compliance with this
13    Section.
14        (3) An employment history review conducted upon
15    initial hiring of a substitute employee by contractor or
16    any other entity that furnishes substitute staffing
17    services to schools shall satisfy the requirements of this
18    Section for all schools using the services of that
19    contractor or other entity.
20        (4) An contractor or any other entity furnishing
21    substitute staffing services to schools shall comply with
22    paragraphs (3) and (4) of subsection (j).
23    (j) For employees of contractors, all of the following
24apply:
25        (1) The employment history review required by this
26    Section shall be performed, either at the time of the

 

 

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1    initial hiring of an employee or prior to the assignment
2    of an existing employee to perform work for a school in a
3    position involving direct contact with children or
4    students. The review shall remain valid as long as the
5    employee remains employed by the same contractor, even if
6    assigned to perform work for other schools.
7        (2) An contractor shall maintain records documenting
8    employment history reviews for all employees as required
9    by this Section and, upon request, shall provide a school
10    for whom an employee is assigned to perform work access to
11    the records pertaining to that employee.
12        (3) Prior to assigning an employee to perform work for
13    a school in a position involving direct contact with
14    children or students, the contractor shall inform the
15    school of any instance known to the contractor in which
16    the employee:
17            (A) has been the subject of a sexual misconduct
18        allegation unless a subsequent investigation resulted
19        in a finding that the allegation was false, unfounded,
20        or unsubstantiated;
21            (B) has ever been discharged, been asked to resign
22        from, resigned from, or otherwise been separated from
23        any employment, been removed from a substitute list,
24        been disciplined by an employer, or had an employment
25        contract not renewed due to an adjudication or finding
26        of sexual misconduct or while an allegation of sexual

 

 

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1        misconduct was pending or under investigation, unless
2        the investigation resulted in a finding that the
3        allegation was false, unfounded, or unsubstantiated;
4        or
5            (C) has ever had a license or certificate
6        suspended, surrendered, or revoked renewed due to an
7        adjudication or finding of sexual misconduct or while
8        an allegation of sexual misconduct was pending or
9        under investigation, unless the investigation resulted
10        in a finding that the allegation was false, unfounded,
11        or unsubstantiated.
12        (4) The contractor may not assign an employee to
13    perform work for a school in a position involving direct
14    contact with children or students if the school objects to
15    the assignment after being informed of an instance listed
16    in paragraph (3).
17    (k) An applicant who has undergone an employment history
18review under this Section and seeks to transfer to or provide
19services to another school in the same school district,
20diocese, or religious jurisdiction, or to another school
21established and supervised by the same organization is not
22required to obtain additional reports under this Section
23before transferring.
24    (l) Nothing in this Section shall be construed:
25        (1) to prevent a prospective employer from conducting
26    further investigations of prospective employees or from

 

 

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1    requiring applicants to provide additional background
2    information or authorizations beyond what is required
3    under this Section, nor to prevent a current or former
4    employer from disclosing more information than what is
5    required under this Section;
6        (2) to relieve a school, school employee, contractor
7    of the school, or agent of the school from any legal
8    responsibility to report sexual misconduct in accordance
9    with State and federal reporting requirements;
10        (3) to relieve a school, school employee, contractor
11    of the school, or agent of the school from any legal
12    responsibility to implement the provisions of Section 7926
13    of Chapter 20 of the United States Code; or
14        (4) to prohibit the right of the exclusive bargaining
15    representative under a collective bargaining agreement to
16    grieve and arbitrate the validity of an employee's
17    termination or discipline for just cause.
18    (m) The State Board of Education shall develop the
19templates required under paragraphs (3) and (4) of subsection
20(c).
 
21    (105 ILCS 5/26A-30)
22    (This Section may contain text from a Public Act with a
23delayed effective date)
24    Sec. 26A-30. Confidentiality.
25    (a) Each school district must adopt and ensure that it has

 

 

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1and implements a policy to ensure that all information
2concerning a student's status and related experiences as a
3parent, expectant parent, or victim of domestic or sexual
4violence, or a student who is a named perpetrator of domestic
5or sexual violence, provided to or otherwise obtained by the
6school district or its employees or agents pursuant to this
7Code or otherwise, including a statement of the student or any
8other documentation, record, or corroborating evidence that
9the student has requested or obtained assistance, support, or
10services pursuant to this Code, shall be retained in the
11strictest of confidence by the school district or its
12employees or agents and may not be disclosed to any other
13individual outside of the district, including any other
14employee, except if such disclosure is (i) permitted by the
15Illinois School Student Records Act, the federal Family
16Educational Rights and Privacy Act of 1974, or other
17applicable State or federal laws, or (ii) requested or
18consented to, in writing, by the student or the student's
19parent or guardian if it is safe to obtain written consent from
20the student's parent or guardian.
21    (b) Prior to disclosing information about a student's
22status as a parent, expectant parent, or victim of domestic or
23sexual violence, a school must notify the student and discuss
24and address any safety concerns related to the disclosure,
25including instances in which the student indicates or the
26school or school district or its employees or agents are

 

 

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1otherwise aware that the student's health or safety may be at
2risk if his or her status is disclosed to the student's parent
3or guardian, except as otherwise permitted by applicable State
4or federal law, including the Abused and Neglected Child
5Reporting Act, the Illinois School Student Records Act, the
6federal Family Educational Rights and Privacy Act of 1974, and
7professional ethics policies that govern professional school
8personnel.
9    (c) No student may be required to testify publicly
10concerning his or her status as a victim of domestic or sexual
11violence, allegations of domestic or sexual violence, his or
12her status as a parent or expectant parent, or the student's
13efforts to enforce any of his or her rights under provisions of
14this Code relating to students who are parents, expectant
15parents, or victims of domestic or sexual violence.
16    (d) In the case of domestic or sexual violence, except as
17permitted under State or federal law, or to the extent that a
18school official determines that the school official has an
19obligation to do so based on safety concerns or threats to the
20community, including the victim, a school district must not
21contact the person named to be the perpetrator, the
22perpetrator's family, or any other person named by the student
23or named by the student's parent or guardian to be unsafe to
24contact to verify the violence. A school district must not
25contact the perpetrator, the perpetrator's family, or any
26other person named by the student or the student's parent or

 

 

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1guardian to be unsafe for any other reason without providing
2prior written notice to the student's parent or guardian.
3Nothing in this Section prohibits the school or school
4district from taking other steps to investigate the violence
5or from contacting persons not named by the student or the
6student's parent or guardian as unsafe to contact. Nothing in
7this Section prohibits the school or school district from
8taking reasonable steps to protect students. If the reasonable
9steps taken to protect students involve conduct that is
10prohibited under this subsection, the school must provide
11notice to the reporting student, in writing and in a
12developmentally appropriate communication format, of its
13intent to contact the parties named to be unsafe.
14    (e) This Section shall not apply to notification of
15parents or guardians if the perpetrator of the alleged sexual
16misconduct is an employee, agent, or contractor of a school
17district, charter school, or nonpublic school with direct
18contact with children or students.
19(Source: P.A. 102-466, eff. 7-1-25.)"; and
 
20on page 64, line 8, by replacing "misconduct." with
21"misconduct as defined in subsection (c) of Section 22-85.5 of
22this Code."; and
 
23on page 64, by replacing lines 17 through 18 with the
24following:
 

 

 

10200HB4316ham001- 29 -LRB102 20411 NLB 36184 a

1    "Section 99. Effective date. This Act takes effect on July
21, 2023.".