Full Text of SB2357 102nd General Assembly
SB2357 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2357 Introduced 2/26/2021, by Sen. Donald P. DeWitte SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/17-149.1 | from Ch. 108 1/2, par. 17-149.1 | 105 ILCS 5/10-21.9 | from Ch. 122, par. 10-21.9 | 105 ILCS 5/21B-75 | | 105 ILCS 5/21B-80 | | 105 ILCS 5/21B-85 | | 105 ILCS 5/24-11 | from Ch. 122, par. 24-11 | 105 ILCS 5/24-14 | from Ch. 122, par. 24-14 | 105 ILCS 5/34-18.5 | from Ch. 122, par. 34-18.5 | 30 ILCS 805/8.45 new | |
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Amends the Chicago Teachers Article of the Illinois Pension Code to make changes concerning the criminal conviction of a teacher. Amends the School Code. Provides that the notification regarding the dismissal or resignation of an individual holding a Professional Educator License as a result of abuse or neglect of a child must include the Illinois Educator Identification Number of the license holder and a brief description of the misconduct alleged. Amends the Educator Licensure Article to provide for the suspension or revocation of an endorsement or approval. Provides that a homicide conviction is grounds for disqualification for educator licensure or suspension or revocation of a license. Makes changes in provisions concerning a license holder's criminal conviction. Amends the Employment of Teachers Article. Changes certain references concerning teacher certification to teacher licensure. Makes changes concerning the termination of contractual continued service by a teacher. Amends the State Mandates Act to require implementation without reimbursement.
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| | FISCAL NOTE ACT MAY APPLY | PENSION IMPACT NOTE ACT MAY APPLY | STATE DEBT IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 17-149.1 as follows:
| 6 | | (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
| 7 | | Sec. 17-149.1. Criminal Felony conviction. None of the | 8 | | benefits provided for in this Article shall be paid to any
| 9 | | person who is convicted of any Class X felony or offense | 10 | | enumerated under item (A) of subsection (a) of Section 21B-80 | 11 | | of the School Code felony relating to or arising out of or in
| 12 | | connection with his or her service as a teacher .
| 13 | | None of the benefits provided for in this Article shall be | 14 | | paid to any person who otherwise would receive a survivor | 15 | | benefit who is convicted of any Class X felony or offense | 16 | | enumerated under item (A) of subsection (a) of Section 21B-80 | 17 | | of the School Code felony relating to or arising out of or in | 18 | | connection with the service of the teacher from whom the | 19 | | benefit results . | 20 | | This Section shall not operate to impair any contract or | 21 | | vested right
acquired prior to January 1, 1988, nor to | 22 | | preclude the right to a refund, and for the changes under this | 23 | | amendatory Act of the 100th General Assembly, shall not impair |
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| 1 | | any contract or vested right acquired by a survivor prior to | 2 | | the effective date of this amendatory Act of the 100th General | 3 | | Assembly. For the changes under this amendatory Act of the | 4 | | 102nd General Assembly, this Section shall not impair any | 5 | | contract or vested right acquired by a survivor prior to the | 6 | | effective date of this amendatory Act of the 102nd General | 7 | | Assembly.
| 8 | | All teachers entering service after January 1, 1988 shall | 9 | | be
deemed to have consented to the provisions of this Section | 10 | | as a condition
of membership, and all participants entering | 11 | | service subsequent to the effective date of this amendatory | 12 | | Act of the 100th General Assembly shall be deemed to have | 13 | | consented to the provisions of this amendatory Act as a | 14 | | condition of participation. All participants entering service | 15 | | subsequent to the effective date of this amendatory Act of the | 16 | | 102nd General Assembly shall be deemed to have consented to | 17 | | the provisions of this amendatory Act as a condition of | 18 | | participation.
| 19 | | (Source: P.A. 100-334, eff. 8-25-17.)
| 20 | | Section 10. The School Code is amended by changing | 21 | | Sections 10-21.9, 21B-75, 21B-80, 21B-85, 24-11, 24-14, and | 22 | | 34-18.5 as follows:
| 23 | | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| 24 | | Sec. 10-21.9. Criminal history records checks and checks |
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| 1 | | of the Statewide Sex Offender Database and Statewide Murderer | 2 | | and Violent Offender Against Youth Database.
| 3 | | (a) Licensed and nonlicensed applicants for employment | 4 | | with a school
district, except school bus driver applicants, | 5 | | are required as a condition
of employment to authorize a | 6 | | fingerprint-based criminal history records check to determine | 7 | | if such applicants have been convicted of any disqualifying, | 8 | | enumerated criminal or drug offenses in subsection (c) of this | 9 | | Section or
have been convicted, within 7 years of the | 10 | | application for employment with
the
school district, of any | 11 | | other felony under the laws of this State or of any
offense | 12 | | committed or attempted in any other state or against the laws | 13 | | of
the United States that, if committed or attempted in this | 14 | | State, would
have been punishable as a felony under the laws of | 15 | | this State.
Authorization for
the check shall be furnished by | 16 | | the applicant to
the school district, except that if the | 17 | | applicant is a substitute teacher
seeking employment in more | 18 | | than one school district, a teacher seeking
concurrent | 19 | | part-time employment positions with more than one school
| 20 | | district (as a reading specialist, special education teacher | 21 | | or otherwise),
or an educational support personnel employee | 22 | | seeking employment positions
with more than one district, any | 23 | | such district may require the applicant to
furnish | 24 | | authorization for
the check to the regional superintendent
of | 25 | | the educational service region in which are located the school | 26 | | districts
in which the applicant is seeking employment as a |
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| 1 | | substitute or concurrent
part-time teacher or concurrent | 2 | | educational support personnel employee.
Upon receipt of this | 3 | | authorization, the school district or the appropriate
regional | 4 | | superintendent, as the case may be, shall submit the | 5 | | applicant's
name, sex, race, date of birth, social security | 6 | | number, fingerprint images, and other identifiers, as | 7 | | prescribed by the Department
of State Police, to the | 8 | | Department. The regional
superintendent submitting the | 9 | | requisite information to the Department of
State Police shall | 10 | | promptly notify the school districts in which the
applicant is | 11 | | seeking employment as a substitute or concurrent part-time
| 12 | | teacher or concurrent educational support personnel employee | 13 | | that
the
check of the applicant has been requested. The | 14 | | Department of State Police and the Federal Bureau of | 15 | | Investigation shall furnish, pursuant to a fingerprint-based | 16 | | criminal history records check, records of convictions, | 17 | | forever and hereinafter, until expunged, to the president of | 18 | | the school board for the school district that requested the | 19 | | check, or to the regional superintendent who requested the | 20 | | check.
The
Department shall charge
the school district
or the | 21 | | appropriate regional superintendent a fee for
conducting
such | 22 | | check, which fee shall be deposited in the State
Police | 23 | | Services Fund and shall not exceed the cost of
the inquiry; and | 24 | | the
applicant shall not be charged a fee for
such check by the | 25 | | school
district or by the regional superintendent, except that | 26 | | those applicants seeking employment as a substitute teacher |
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| 1 | | with a school district may be charged a fee not to exceed the | 2 | | cost of the inquiry. Subject to appropriations for these | 3 | | purposes, the State Superintendent of Education shall | 4 | | reimburse school districts and regional superintendents for | 5 | | fees paid to obtain criminal history records checks under this | 6 | | Section.
| 7 | | (a-5) The school district or regional superintendent shall | 8 | | further perform a check of the Statewide Sex Offender | 9 | | Database, as authorized by the Sex Offender Community | 10 | | Notification Law, for each applicant. The check of the | 11 | | Statewide Sex Offender Database must be conducted by the | 12 | | school district or regional superintendent once for every 5 | 13 | | years that an applicant remains employed by the school | 14 | | district. | 15 | | (a-6) The school district or regional superintendent shall | 16 | | further perform a check of the Statewide Murderer and Violent | 17 | | Offender Against Youth Database, as authorized by the Murderer | 18 | | and Violent Offender Against Youth Community Notification Law, | 19 | | for each applicant. The check of the Murderer and Violent | 20 | | Offender Against Youth Database must be conducted by the | 21 | | school district or regional superintendent once for every 5 | 22 | | years that an applicant remains employed by the school | 23 | | district. | 24 | | (b)
Any information
concerning the record of convictions | 25 | | obtained by the president of the
school board or the regional | 26 | | superintendent shall be confidential and may
only be |
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| 1 | | transmitted to the superintendent of the school district or | 2 | | his
designee, the appropriate regional superintendent if
the | 3 | | check was
requested by the school district, the presidents of | 4 | | the appropriate school
boards if
the check was requested from | 5 | | the Department of State
Police by the regional superintendent, | 6 | | the State Board of Education and a school district as | 7 | | authorized under subsection (b-5), the State Superintendent of
| 8 | | Education, the State Educator Preparation and Licensure Board, | 9 | | any other person
necessary to the decision of hiring the | 10 | | applicant for employment, or for clarification purposes the | 11 | | Department of State Police or Statewide Sex Offender Database, | 12 | | or both. A copy
of the record of convictions obtained from the | 13 | | Department of State Police
shall be provided to the applicant | 14 | | for employment. Upon the check of the Statewide Sex Offender | 15 | | Database or Statewide Murderer and Violent Offender Against | 16 | | Youth Database, the school district or regional superintendent | 17 | | shall notify an applicant as to whether or not the applicant | 18 | | has been identified in the Database. If a check of
an applicant | 19 | | for employment as a substitute or concurrent part-time teacher
| 20 | | or concurrent educational support personnel employee in more | 21 | | than one
school district was requested by the regional | 22 | | superintendent, and the
Department of State Police upon a | 23 | | check ascertains that the applicant
has not been convicted of | 24 | | any of the enumerated criminal or drug offenses
in subsection | 25 | | (c) of this Section
or has not been convicted, within 7 years | 26 | | of the
application for
employment with the
school district, of |
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| 1 | | any other felony under the laws of this State or of any
offense | 2 | | committed or attempted in any other state or against the laws | 3 | | of
the United States that, if committed or attempted in this | 4 | | State, would
have been punishable as a felony under the laws of | 5 | | this State
and so notifies the regional
superintendent and if | 6 | | the regional superintendent upon a check ascertains that the | 7 | | applicant has not been identified in the Sex Offender Database | 8 | | or Statewide Murderer and Violent Offender Against Youth | 9 | | Database, then the
regional superintendent shall issue to the | 10 | | applicant a certificate
evidencing that as of the date | 11 | | specified by the Department of State Police
the applicant has | 12 | | not been convicted of any of the enumerated criminal or
drug | 13 | | offenses in subsection (c) of this Section
or has not been
| 14 | | convicted, within 7 years of the application for employment | 15 | | with the
school district, of any other felony under the laws of | 16 | | this State or of any
offense committed or attempted in any | 17 | | other state or against the laws of
the United States that, if | 18 | | committed or attempted in this State, would
have been | 19 | | punishable as a felony under the laws of this State and | 20 | | evidencing that as of the date that the regional | 21 | | superintendent conducted a check of the Statewide Sex Offender | 22 | | Database or Statewide Murderer and Violent Offender Against | 23 | | Youth Database, the applicant has not been identified in the | 24 | | Database. The school
board of
any
school district
may rely on | 25 | | the
certificate issued by any regional superintendent to that | 26 | | substitute teacher, concurrent part-time teacher, or |
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| 1 | | concurrent educational support personnel employee or may
| 2 | | initiate its own criminal history records check of the | 3 | | applicant through the Department of
State Police and its own | 4 | | check of the Statewide Sex Offender Database or Statewide | 5 | | Murderer and Violent Offender Against Youth Database as | 6 | | provided in this Section. Any unauthorized release of | 7 | | confidential information may be a violation of Section 7 of | 8 | | the Criminal Identification Act.
| 9 | | (b-5) If a criminal history records check or check of the | 10 | | Statewide Sex Offender Database or Statewide Murderer and | 11 | | Violent Offender Against Youth Database is performed by a | 12 | | regional superintendent for an applicant seeking employment as | 13 | | a substitute teacher with a school district, the regional | 14 | | superintendent may disclose to the State Board of Education | 15 | | whether the applicant has been issued a certificate under | 16 | | subsection (b) based on those checks. If the State Board | 17 | | receives information on an applicant under this subsection, | 18 | | then it must indicate in the Educator Licensure Information | 19 | | System for a 90-day period that the applicant has been issued | 20 | | or has not been issued a certificate. | 21 | | (c) No school board shall knowingly employ a person who | 22 | | has been
convicted of any offense that would subject him or her | 23 | | to license suspension or revocation pursuant to Section 21B-80 | 24 | | of this Code, except as provided under subsection (b) of | 25 | | Section 21B-80.
Further, no school board shall knowingly | 26 | | employ a person who has been found
to be the perpetrator of |
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| 1 | | sexual or physical abuse of any minor under 18 years
of age | 2 | | pursuant to proceedings under Article II of the Juvenile Court | 3 | | Act of
1987. As a condition of employment, each school board | 4 | | must consider the status of a person who has been issued an | 5 | | indicated finding of abuse or neglect of a child by the | 6 | | Department of Children and Family Services under the Abused | 7 | | and Neglected Child Reporting Act or by a child welfare agency | 8 | | of another jurisdiction.
| 9 | | (d) No school board shall knowingly employ a person for | 10 | | whom a criminal
history records check and a Statewide Sex | 11 | | Offender Database check have not been initiated.
| 12 | | (e) Within 10 days after a superintendent, regional office | 13 | | of education, or entity that provides background checks of | 14 | | license holders to public schools receives information of a | 15 | | pending criminal charge against a license holder for an | 16 | | offense set forth in Section 21B-80 of this Code, the | 17 | | superintendent, regional office of education, or entity must | 18 | | notify the State Superintendent of Education of the pending | 19 | | criminal charge. | 20 | | If permissible by federal or State law, no later than 15 | 21 | | business days after receipt of a record of conviction or of | 22 | | checking the Statewide Murderer and Violent Offender Against | 23 | | Youth Database or the Statewide Sex Offender Database and | 24 | | finding a registration, the superintendent of the employing | 25 | | school board or the applicable regional superintendent shall, | 26 | | in writing, notify the State Superintendent of Education of |
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| 1 | | any license holder who has been convicted of a crime set forth | 2 | | in Section 21B-80 of this Code. Upon receipt of the record of a | 3 | | conviction of or a finding of child
abuse by a holder of any | 4 | | license
issued pursuant to Article 21B or Section 34-8.1 or | 5 | | 34-83 of the
School Code, the
State Superintendent of | 6 | | Education may initiate licensure suspension
and revocation | 7 | | proceedings as authorized by law. If the receipt of the record | 8 | | of conviction or finding of child abuse is received within 6 | 9 | | months after the initial grant of or renewal of a license, the | 10 | | State Superintendent of Education may rescind the license | 11 | | holder's license.
| 12 | | (e-5) The superintendent of the employing school board | 13 | | shall, in writing, notify the State Superintendent of | 14 | | Education and the applicable regional superintendent of | 15 | | schools of any license holder whom he or she has reasonable | 16 | | cause to believe has committed an intentional act of abuse or | 17 | | neglect with the result of making a child an abused child or a | 18 | | neglected child, as defined in Section 3 of the Abused and | 19 | | Neglected Child Reporting Act, and that act resulted in the | 20 | | license holder's dismissal or resignation from the school | 21 | | district. This notification must be submitted within 30 days | 22 | | after the dismissal or resignation and must include the | 23 | | Illinois Educator Identification Number (IEIN) of the license | 24 | | holder and a brief description of the misconduct alleged . The | 25 | | license holder must also be contemporaneously sent a copy of | 26 | | the notice by the superintendent. All correspondence, |
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| 1 | | documentation, and other information so received by the | 2 | | regional superintendent of schools, the State Superintendent | 3 | | of Education, the State Board of Education, or the State | 4 | | Educator Preparation and Licensure Board under this subsection | 5 | | (e-5) is confidential and must not be disclosed to third | 6 | | parties, except (i) as necessary for the State Superintendent | 7 | | of Education or his or her designee to investigate and | 8 | | prosecute pursuant to Article 21B of this Code, (ii) pursuant | 9 | | to a court order, (iii) for disclosure to the license holder or | 10 | | his or her representative, or (iv) as otherwise provided in | 11 | | this Article and provided that any such information admitted | 12 | | into evidence in a hearing is exempt from this confidentiality | 13 | | and non-disclosure requirement. Except for an act of willful | 14 | | or wanton misconduct, any superintendent who provides | 15 | | notification as required in this subsection (e-5) shall have | 16 | | immunity from any liability, whether civil or criminal or that | 17 | | otherwise might result by reason of such action. | 18 | | (f) After January 1, 1990 the provisions of this Section | 19 | | shall apply
to all employees of persons or firms holding | 20 | | contracts with any school
district including, but not limited | 21 | | to, food service workers, school bus
drivers and other | 22 | | transportation employees, who have direct, daily contact
with | 23 | | the pupils of any school in such district. For purposes of | 24 | | criminal
history records checks and checks of the Statewide | 25 | | Sex Offender Database on employees of persons or firms holding
| 26 | | contracts with more than one school district and assigned to |
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| 1 | | more than one
school district, the regional superintendent of | 2 | | the educational service
region in which the contracting school | 3 | | districts are located may, at the
request of any such school | 4 | | district, be responsible for receiving the
authorization for
a | 5 | | criminal history records check prepared by each such employee | 6 | | and
submitting the same to the Department of State Police and | 7 | | for conducting a check of the Statewide Sex Offender Database | 8 | | for each employee. Any information
concerning the record of | 9 | | conviction and identification as a sex offender of any such | 10 | | employee obtained by the
regional superintendent shall be | 11 | | promptly reported to the president of the
appropriate school | 12 | | board or school boards.
| 13 | | (f-5) Upon request of a school or school district, any | 14 | | information obtained by a school district pursuant to | 15 | | subsection (f) of this Section within the last year must be | 16 | | made available to the requesting school or school district. | 17 | | (g) Prior to the commencement of any student teaching | 18 | | experience or required internship (which is referred to as | 19 | | student teaching in this Section) in the public schools, a | 20 | | student teacher is required to authorize a fingerprint-based | 21 | | criminal history records check. Authorization for and payment | 22 | | of the costs of the check must be furnished by the student | 23 | | teacher to the school district where the student teaching is | 24 | | to be completed. Upon receipt of this authorization and | 25 | | payment, the school district shall submit the student | 26 | | teacher's name, sex, race, date of birth, social security |
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| 1 | | number, fingerprint images, and other identifiers, as | 2 | | prescribed by the Department of State Police, to the | 3 | | Department of State Police. The Department of State Police and | 4 | | the Federal Bureau of Investigation shall furnish, pursuant to | 5 | | a fingerprint-based criminal history records check, records of | 6 | | convictions, forever and hereinafter, until expunged, to the | 7 | | president of the school board for the school district that | 8 | | requested the check. The Department shall charge the school | 9 | | district a fee for conducting the check, which fee must not | 10 | | exceed the cost of the inquiry and must be deposited into the | 11 | | State Police Services Fund. The school district shall further | 12 | | perform a check of the Statewide Sex Offender Database, as | 13 | | authorized by the Sex Offender Community Notification Law, and | 14 | | of the Statewide Murderer and Violent Offender Against Youth | 15 | | Database, as authorized by the Murderer and Violent Offender | 16 | | Against Youth Registration Act, for each student teacher. No | 17 | | school board may knowingly allow a person to student teach for | 18 | | whom a criminal history records check, a Statewide Sex | 19 | | Offender Database check, and a Statewide Murderer and Violent | 20 | | Offender Against Youth Database check have not been completed | 21 | | and reviewed by the district. | 22 | | A copy of the record of convictions obtained from the | 23 | | Department of State Police must be provided to the student | 24 | | teacher. Any information concerning the record of convictions | 25 | | obtained by the president of the school board is confidential | 26 | | and may only be transmitted to the superintendent of the |
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| 1 | | school district or his or her designee, the State | 2 | | Superintendent of Education, the State Educator Preparation | 3 | | and Licensure Board, or, for clarification purposes, the | 4 | | Department of State Police or the Statewide Sex Offender | 5 | | Database or Statewide Murderer and Violent Offender Against | 6 | | Youth Database. Any unauthorized release of confidential | 7 | | information may be a violation of Section 7 of the Criminal | 8 | | Identification Act. | 9 | | No school board shall knowingly allow a person to student | 10 | | teach who has been convicted of any offense that would subject | 11 | | him or her to license suspension or revocation pursuant to | 12 | | subsection (c) of Section 21B-80 of this Code, except as | 13 | | provided under subsection (b) of Section 21B-80. Further, no | 14 | | school board shall allow a person to student teach if he or she | 15 | | has been found to be the perpetrator of sexual or physical | 16 | | abuse of a minor under 18 years of age pursuant to proceedings | 17 | | under Article II of the Juvenile Court Act of 1987. Each school | 18 | | board must consider the status of a person to student teach who | 19 | | has been issued an indicated finding of abuse or neglect of a | 20 | | child by the Department of Children and Family Services under | 21 | | the Abused and Neglected Child Reporting Act or by a child | 22 | | welfare agency of another jurisdiction. | 23 | | (h) (Blank). | 24 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 25 | | 101-643, eff. 6-18-20.)
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| 1 | | (105 ILCS 5/21B-75) | 2 | | Sec. 21B-75. Suspension or revocation of license , | 3 | | endorsement, or approval . | 4 | | (a) As used in this Section, "teacher" means any school | 5 | | district employee regularly required to be licensed, as | 6 | | provided in this Article, in order to teach or supervise in the | 7 | | public schools. | 8 | | (b) The State Superintendent of Education has the | 9 | | exclusive authority, in accordance with this Section and any | 10 | | rules adopted by the State Board of Education, in consultation | 11 | | with the State Educator Preparation and Licensure Board, to | 12 | | initiate the suspension of up to 5 calendar years or | 13 | | revocation of any license , endorsement, or approval issued | 14 | | pursuant to this Article for abuse or neglect of a child, | 15 | | immorality, a condition of health detrimental to the welfare | 16 | | of pupils, incompetency, unprofessional conduct (which | 17 | | includes the failure to disclose on an employment application | 18 | | any previous conviction for a sex offense, as defined in | 19 | | Section 21B-80 of this Code, or any other offense committed in | 20 | | any other state or against the laws of the United States that, | 21 | | if committed in this State, would be punishable as a sex | 22 | | offense, as defined in Section 21B-80 of this Code), the | 23 | | neglect of any professional duty, willful or negligent failure | 24 | | to report an instance of suspected child abuse or neglect as | 25 | | required by the Abused and Neglected Child Reporting Act, or | 26 | | other just cause. Negligent failure to report an instance of |
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| 1 | | suspected child abuse or neglect occurs when a teacher | 2 | | personally observes an instance of suspected child abuse or | 3 | | neglect and reasonably believes, in his or her professional or | 4 | | official capacity, that the instance constitutes an act of | 5 | | child abuse or neglect under the Abused and Neglected Child | 6 | | Reporting Act, and he or she, without willful intent, fails to | 7 | | immediately report or cause a report to be made of the | 8 | | suspected abuse or neglect to the Department of Children and | 9 | | Family Services, as required by the Abused and Neglected Child | 10 | | Reporting Act. Unprofessional conduct shall include the | 11 | | refusal to attend or participate in institutes, teachers' | 12 | | meetings, or professional readings or to meet other reasonable | 13 | | requirements of the regional superintendent of schools or | 14 | | State Superintendent of Education. Unprofessional conduct also | 15 | | includes conduct that violates the standards, ethics, or rules | 16 | | applicable to the security, administration, monitoring, or | 17 | | scoring of or the reporting of scores from any assessment test | 18 | | or examination administered under Section 2-3.64a-5 of this | 19 | | Code or that is known or intended to produce or report | 20 | | manipulated or artificial, rather than actual, assessment or | 21 | | achievement results or gains from the administration of those | 22 | | tests or examinations. Unprofessional conduct shall also | 23 | | include neglect or unnecessary delay in the making of | 24 | | statistical and other reports required by school officers. | 25 | | Incompetency shall include, without limitation, 2 or more | 26 | | school terms of service for which the license holder has |
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| 1 | | received an unsatisfactory rating on a performance evaluation | 2 | | conducted pursuant to Article 24A of this Code within a period | 3 | | of 7 school terms of service. In determining whether to | 4 | | initiate action against one or more licenses based on | 5 | | incompetency and the recommended sanction for such action, the | 6 | | State Superintendent shall consider factors that include | 7 | | without limitation all of the following: | 8 | | (1) Whether the unsatisfactory evaluation ratings | 9 | | occurred prior to June 13, 2011 (the effective date of | 10 | | Public Act 97-8). | 11 | | (2) Whether the unsatisfactory evaluation ratings | 12 | | occurred prior to or after the implementation date, as | 13 | | defined in Section 24A-2.5 of this Code, of an evaluation | 14 | | system for teachers in a school district. | 15 | | (3) Whether the evaluator or evaluators who performed | 16 | | an unsatisfactory evaluation met the pre-licensure and | 17 | | training requirements set forth in Section 24A-3 of this | 18 | | Code. | 19 | | (4) The time between the unsatisfactory evaluation | 20 | | ratings. | 21 | | (5) The quality of the remediation plans associated | 22 | | with the unsatisfactory evaluation ratings and whether the | 23 | | license holder successfully completed the remediation | 24 | | plans. | 25 | | (6) Whether the unsatisfactory evaluation ratings were | 26 | | related to the same or different assignments performed by |
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| 1 | | the license holder. | 2 | | (7) Whether one or more of the unsatisfactory | 3 | | evaluation ratings occurred in the first year of a | 4 | | teaching or administrative assignment. | 5 | | When initiating an action against one or more licenses, the | 6 | | State Superintendent may seek required professional | 7 | | development as a sanction in lieu of or in addition to | 8 | | suspension or revocation. Any such required professional | 9 | | development must be at the expense of the license holder, who | 10 | | may use, if available and applicable to the requirements | 11 | | established by administrative or court order, training, | 12 | | coursework, or other professional development funds in | 13 | | accordance with the terms of an applicable collective | 14 | | bargaining agreement entered into after June 13, 2011 (the | 15 | | effective date of Public Act 97-8), unless that agreement | 16 | | specifically precludes use of funds for such purpose. | 17 | | (c) The State Superintendent of Education shall, upon | 18 | | receipt of evidence of abuse or neglect of a child, | 19 | | immorality, a condition of health detrimental to the welfare | 20 | | of pupils, incompetency (subject to subsection (b) of this | 21 | | Section), unprofessional conduct, the neglect of any | 22 | | professional duty, or other just cause, further investigate | 23 | | and, if and as appropriate, serve written notice to the | 24 | | individual and afford the individual opportunity for a hearing | 25 | | prior to suspension, revocation, or other sanction; provided | 26 | | that the State Superintendent is under no obligation to |
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| 1 | | initiate such an investigation if the Department of Children | 2 | | and Family Services is investigating the same or substantially | 3 | | similar allegations and its child protective service unit has | 4 | | not made its determination, as required under Section 7.12 of | 5 | | the Abused and Neglected Child Reporting Act. If the State | 6 | | Superintendent of Education does not receive from an | 7 | | individual a request for a hearing within 10 days after the | 8 | | individual receives notice, the suspension, revocation, or | 9 | | other sanction shall immediately take effect in accordance | 10 | | with the notice. If a hearing is requested within 10 days after | 11 | | notice of an opportunity for hearing, it shall act as a stay of | 12 | | proceedings until the State Educator Preparation and Licensure | 13 | | Board issues a decision. Any hearing shall take place in the | 14 | | educational service region where the educator is or was last | 15 | | employed and in accordance with rules adopted by the State | 16 | | Board of Education, in consultation with the State Educator | 17 | | Preparation and Licensure Board, and such rules shall include | 18 | | without limitation provisions for discovery and the sharing of | 19 | | information between parties prior to the hearing. The standard | 20 | | of proof for any administrative hearing held pursuant to this | 21 | | Section shall be by the preponderance of the evidence. The | 22 | | decision of the State Educator Preparation and Licensure Board | 23 | | is a final administrative decision and is subject to judicial | 24 | | review by appeal of either party. | 25 | | The State Board of Education may refuse to issue or may | 26 | | suspend the license of any person who fails to file a return or |
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| 1 | | to pay the tax, penalty, or interest shown in a filed return or | 2 | | to pay any final assessment of tax, penalty, or interest, as | 3 | | required by any tax Act administered by the Department of | 4 | | Revenue, until such time as the requirements of any such tax | 5 | | Act are satisfied. | 6 | | The exclusive authority of the State Superintendent of | 7 | | Education to initiate suspension or revocation of a license | 8 | | pursuant to this Section does not preclude a regional | 9 | | superintendent of schools from cooperating with the State | 10 | | Superintendent or a State's Attorney with respect to an | 11 | | investigation of alleged misconduct. | 12 | | (d) The State Superintendent of Education or his or her | 13 | | designee may initiate and conduct such investigations as may | 14 | | be reasonably necessary to establish the existence of any | 15 | | alleged misconduct. At any stage of the investigation, the | 16 | | State Superintendent may issue a subpoena requiring the | 17 | | attendance and testimony of a witness, including the license | 18 | | holder, and the production of any evidence, including files, | 19 | | records, correspondence, or documents, relating to any matter | 20 | | in question in the investigation. The subpoena shall require a | 21 | | witness to appear at the State Board of Education at a | 22 | | specified date and time and shall specify any evidence to be | 23 | | produced. The license holder is not entitled to be present, | 24 | | but the State Superintendent shall provide the license holder | 25 | | with a copy of any recorded testimony prior to a hearing under | 26 | | this Section. Such recorded testimony must not be used as |
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| 1 | | evidence at a hearing, unless the license holder has adequate | 2 | | notice of the testimony and the opportunity to cross-examine | 3 | | the witness. Failure of a license holder to comply with a duly | 4 | | issued, investigatory subpoena may be grounds for revocation, | 5 | | suspension, or denial of a license. | 6 | | (e) All correspondence, documentation, and other | 7 | | information so received by the regional superintendent of | 8 | | schools, the State Superintendent of Education, the State | 9 | | Board of Education, or the State Educator Preparation and | 10 | | Licensure Board under this Section is confidential and must | 11 | | not be disclosed to third parties, except (i) as necessary for | 12 | | the State Superintendent of Education or his or her designee | 13 | | to investigate and prosecute pursuant to this Article, (ii) | 14 | | pursuant to a court order, (iii) for disclosure to the license | 15 | | holder or his or her representative, or (iv) as otherwise | 16 | | required in this Article and provided that any such | 17 | | information admitted into evidence in a hearing is exempt from | 18 | | this confidentiality and non-disclosure requirement. | 19 | | (f) The State Superintendent of Education or a person | 20 | | designated by him or her shall have the power to administer | 21 | | oaths to witnesses at any hearing conducted before the State | 22 | | Educator Preparation and Licensure Board pursuant to this | 23 | | Section. The State Superintendent of Education or a person | 24 | | designated by him or her is authorized to subpoena and bring | 25 | | before the State Educator Preparation and Licensure Board any | 26 | | person in this State and to take testimony either orally or by |
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| 1 | | deposition or by exhibit, with the same fees and mileage and in | 2 | | the same manner as prescribed by law in judicial proceedings | 3 | | in civil cases in circuit courts of this State. | 4 | | (g) Any circuit court, upon the application of the State | 5 | | Superintendent of Education or the license holder, may, by | 6 | | order duly entered, require the attendance of witnesses and | 7 | | the production of relevant books and papers as part of any | 8 | | investigation or at any hearing the State Educator Preparation | 9 | | and Licensure Board is authorized to conduct pursuant to this | 10 | | Section, and the court may compel obedience to its orders by | 11 | | proceedings for contempt. | 12 | | (h) The State Board of Education shall receive an annual | 13 | | line item appropriation to cover fees associated with the | 14 | | investigation and prosecution of alleged educator misconduct | 15 | | and hearings related thereto.
| 16 | | (Source: P.A. 100-872, eff. 8-14-18; 101-531, eff. 8-23-19.) | 17 | | (105 ILCS 5/21B-80) | 18 | | Sec. 21B-80. Conviction of certain offenses as grounds for | 19 | | disqualification for licensure or suspension or revocation of | 20 | | a license. | 21 | | (a) As used in this Section: | 22 | | "Drug offense" means any one or more of the following | 23 | | offenses: | 24 | | (1) Any offense defined in the Cannabis Control Act, | 25 | | except those defined in subdivisions (a), (b), and (c) of |
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| 1 | | Section 4 and subdivisions (a) and (b) of Section 5 of the | 2 | | Cannabis Control Act and any offense for which the holder | 3 | | of a license is placed on probation under the provisions | 4 | | of Section 10 of the Cannabis Control Act, provided that | 5 | | if the terms and conditions of probation required by the | 6 | | court are not fulfilled, the offense is not eligible for | 7 | | this exception. | 8 | | (2) Any offense defined in the Illinois Controlled | 9 | | Substances Act, except any offense for which the holder of | 10 | | a license is placed on probation under the provisions of | 11 | | Section 410 of the Illinois Controlled Substances Act, | 12 | | provided that if the terms and conditions of probation | 13 | | required by the court are not fulfilled, the offense is | 14 | | not eligible for this exception. | 15 | | (3) Any offense defined in the Methamphetamine Control | 16 | | and Community Protection Act, except any offense for which | 17 | | the holder of a license is placed on probation under the | 18 | | provision of Section 70 of that Act, provided that if the | 19 | | terms and conditions of probation required by the court | 20 | | are not fulfilled, the offense is not eligible for this | 21 | | exception. | 22 | | (4) Any attempt to commit any of the offenses listed | 23 | | in items (1) through (3) of this definition. | 24 | | (5) Any offense committed or attempted in any other | 25 | | state or against the laws of the United States that, if | 26 | | committed or attempted in this State, would have been |
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| 1 | | punishable as one or more of the offenses listed in items | 2 | | (1) through (4) of this definition. | 3 | | The changes made by Public Act 96-431 to this definition are | 4 | | declaratory of existing law. | 5 | | "Sentence" includes any period of supervised release or | 6 | | probation that was imposed either alone or in combination with | 7 | | a period of incarceration. | 8 | | "Sex or other offense" means any one or more of the | 9 | | following offenses: | 10 | | (A) Any offense defined in Article 9 of the Criminal | 11 | | Code of 1961 or the Criminal Code of 2012; Sections 11-6, | 12 | | 11-9 through 11-9.5, inclusive, and 11-30 (if punished as | 13 | | a Class 4 felony) of the Criminal Code of 1961 or the | 14 | | Criminal Code of 2012; Sections 11-14.1 through 11-21, | 15 | | inclusive, of the Criminal Code of 1961 or the Criminal | 16 | | Code of 2012; Sections 11-23 (if punished as a Class 3 | 17 | | felony), 11-24, 11-25, and 11-26 of the Criminal Code of | 18 | | 1961 or the Criminal Code of 2012; Section 10-5.1, | 19 | | subsection (c) of Section 10-9, and Sections 11-6.6, | 20 | | 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5, | 21 | | and 12-35 of the Criminal Code of 2012; and Sections | 22 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | 23 | | 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if | 24 | | punished pursuant to subdivision (4) or (5) of subsection | 25 | | (d) of Section 26-4) of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012. |
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| 1 | | (B) Any attempt to commit any of the offenses listed | 2 | | in 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 | | (b) Whenever the holder of any license issued pursuant to | 8 | | this Article or applicant for a license to be issued pursuant | 9 | | to this Article has been convicted of any drug offense, other | 10 | | than as provided in subsection (c) of this Section, the State | 11 | | Superintendent of Education shall forthwith suspend the | 12 | | license or deny the application, whichever is applicable, | 13 | | until 7 years following the end of the sentence for the | 14 | | criminal offense. If the conviction is reversed and the holder | 15 | | is acquitted of the offense in a new trial or the charges | 16 | | against him or her are dismissed, the State Superintendent of | 17 | | Education shall forthwith terminate the suspension of the | 18 | | license. | 19 | | (b-5) Whenever the holder of a license issued pursuant to | 20 | | this Article or applicant for a license to be issued pursuant | 21 | | to this Article has been charged with attempting to commit, | 22 | | conspiring to commit, soliciting, or committing any sex or | 23 | | other offense, as enumerated under item (A) of subsection (a), | 24 | | first degree murder, or a Class X felony or any offense | 25 | | committed or attempted in any other state or against the laws | 26 | | of the United States that, if committed or attempted in this |
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| 1 | | State, would have been punishable as one or more of the | 2 | | foregoing offenses, the State Superintendent of Education | 3 | | shall immediately suspend the license or deny the application | 4 | | until the person's criminal charges are adjudicated through a | 5 | | court of competent jurisdiction. If the person is acquitted, | 6 | | his or her license or application shall be immediately | 7 | | reinstated. | 8 | | (c) Whenever the holder of a license issued pursuant to | 9 | | this Article or applicant for a license to be issued pursuant | 10 | | to this Article has been convicted of attempting to commit, | 11 | | conspiring to commit, soliciting, or committing any sex or | 12 | | other offense, as enumerated under item (A) of subsection (a), | 13 | | first degree murder, or a Class X felony or any offense | 14 | | committed or attempted in any other state or against the laws | 15 | | of the United States that, if committed or attempted in this | 16 | | State, would have been punishable as one or more of the | 17 | | foregoing offenses, the State Superintendent of Education | 18 | | shall forthwith suspend the license or deny the application, | 19 | | whichever is applicable. If the conviction is reversed and the | 20 | | holder is acquitted of that offense in a new trial or the | 21 | | charges that he or she committed that offense are dismissed, | 22 | | the State Superintendent of Education shall forthwith | 23 | | terminate the suspension of the license. When the conviction | 24 | | becomes final, the State Superintendent of Education shall | 25 | | forthwith revoke the license.
| 26 | | (Source: P.A. 101-531, eff. 8-23-19.) |
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| 1 | | (105 ILCS 5/21B-85) | 2 | | Sec. 21B-85. Conviction of felony. | 3 | | (a) Whenever the holder of any license issued under this | 4 | | Article is employed by the school board of a school district, | 5 | | including a special charter district or a school district | 6 | | organized under Article 34 of this Code, and is convicted, | 7 | | either after a bench trial, trial by jury, or plea of guilty, | 8 | | of any offense for which a sentence to death or a term of | 9 | | imprisonment in a penitentiary for one year or more is | 10 | | provided, the school board shall promptly notify the State | 11 | | Superintendent of Education, in writing, of the name of the | 12 | | license holder, the fact of the conviction, and the name and | 13 | | location of the court in which the conviction occurred. | 14 | | (b) Whenever the school board of a school district, | 15 | | including a special charter district or a school district | 16 | | organized under Article 34 of this Code, State Superintendent | 17 | | of Education receives notice of a conviction under subsection | 18 | | (a) of this Section or otherwise learns that any person who is | 19 | | a teacher, as that term is defined in Section 16-106 of the | 20 | | Illinois Pension Code, has been convicted, either after a | 21 | | bench trial, trial by jury, or plea of guilty, of any offense | 22 | | for which a sentence to death or a term of imprisonment in a | 23 | | penitentiary for one year or more is provided, the school | 24 | | board State Superintendent of Education shall promptly notify, | 25 | | in writing, the board of trustees of the Teachers' Retirement |
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| 1 | | System of the State of Illinois and the board of trustees of | 2 | | the Public School Teachers' Pension and Retirement Fund of the | 3 | | City of Chicago of the name of the license holder, the fact of | 4 | | the conviction, the name and location of the court in which the | 5 | | conviction occurred, and the number assigned in that court to | 6 | | the case in which the conviction occurred.
| 7 | | (Source: P.A. 97-607, eff. 8-26-11.)
| 8 | | (105 ILCS 5/24-11) (from Ch. 122, par. 24-11)
| 9 | | Sec. 24-11. Boards of Education - Boards of School | 10 | | Inspectors -
Contractual continued service. | 11 | | (a) As used in this and the succeeding
Sections of this | 12 | | Article:
| 13 | | "Teacher" means any or all school district employees | 14 | | regularly required to be licensed
certified under laws | 15 | | relating to the licensure certification of teachers.
| 16 | | "Board" means board of directors, board of education, or | 17 | | board of school
inspectors, as the case may be.
| 18 | | "School term" means that portion of the school year, July | 19 | | 1 to the following
June 30, when school is in actual session.
| 20 | | "Program" means a program of a special education joint | 21 | | agreement. | 22 | | "Program of a special education joint agreement" means | 23 | | instructional, consultative, supervisory, administrative, | 24 | | diagnostic, and related services that are managed by a special | 25 | | educational joint agreement designed to service 2 or more |
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| 1 | | school districts that are members of the joint agreement. | 2 | | "PERA implementation date" means the implementation date | 3 | | of an evaluation system for teachers as specified by Section | 4 | | 24A-2.5 of this Code for all schools within a school district | 5 | | or all programs of a special education joint agreement. | 6 | | (b) This Section and Sections 24-12 through 24-16 of this | 7 | | Article apply only to
school districts having less than | 8 | | 500,000 inhabitants.
| 9 | | (c) Any teacher who is first employed as a full-time | 10 | | teacher in a school district or program prior to the PERA | 11 | | implementation date and who is employed in that district or | 12 | | program for
a probationary period of 4 consecutive school | 13 | | terms shall enter upon
contractual continued service in the | 14 | | district or in all of the programs that the teacher is legally | 15 | | qualified to hold, unless the teacher is given written notice | 16 | | of dismissal by certified mail, return receipt requested, by
| 17 | | the employing board at least 45 days before the end of any | 18 | | school term within such
period.
| 19 | | (d) For any teacher who is first employed as a full-time | 20 | | teacher in a school district or program on or after the PERA | 21 | | implementation date, the probationary period shall be one of | 22 | | the following periods, based upon the teacher's school terms | 23 | | of service and performance, before the teacher shall enter | 24 | | upon contractual continued service in the district or in all | 25 | | of the programs that the teacher is legally qualified to hold, | 26 | | unless the teacher is given written notice of dismissal by |
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| 1 | | certified mail, return receipt requested, by the employing | 2 | | board at least 45 days before the end of any school term within | 3 | | such period: | 4 | | (1) 4 consecutive school terms of service in which the | 5 | | teacher receives overall annual evaluation ratings of at | 6 | | least "Proficient" in the last school term and at least | 7 | | "Proficient" in either the second or third school term; | 8 | | (2) 3 consecutive school terms of service in which the | 9 | | teacher receives 3 overall annual evaluations of | 10 | | "Excellent"; or | 11 | | (3) 2 consecutive school terms of service in which the | 12 | | teacher receives 2 overall annual evaluations of | 13 | | "Excellent" service, but only if the teacher (i) | 14 | | previously attained contractual continued service in a | 15 | | different school district or program in this State, (ii) | 16 | | voluntarily departed or was honorably dismissed from that | 17 | | school district or program in the school term immediately | 18 | | prior to the teacher's first school term of service | 19 | | applicable to the attainment of contractual continued | 20 | | service under this subdivision (3), and (iii) received, in | 21 | | his or her 2 most recent overall annual or biennial | 22 | | evaluations from the prior school district or program, | 23 | | ratings of at least "Proficient", with both such ratings | 24 | | occurring after the school district's or program's PERA | 25 | | implementation date. For a teacher to attain contractual | 26 | | continued service under this subdivision (3), the teacher |
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| 1 | | shall provide official copies of his or her 2 most recent | 2 | | overall annual or biennial evaluations from the prior | 3 | | school district or program to the new school district or | 4 | | program within 60 days from the teacher's first day of | 5 | | service with the new school district or program. The prior | 6 | | school district or program must provide the teacher with | 7 | | official copies of his or her 2 most recent overall annual | 8 | | or biennial evaluations within 14 days after the teacher's | 9 | | request. If a teacher has requested such official copies | 10 | | prior to 45 days after the teacher's first day of service | 11 | | with the new school district or program and the teacher's | 12 | | prior school district or program fails to provide the | 13 | | teacher with the official copies required under this | 14 | | subdivision (3), then the time period for the teacher to | 15 | | submit the official copies to his or her new school | 16 | | district or program must be extended until 14 days after | 17 | | receipt of such copies from the prior school district or | 18 | | program. If the prior school district or program fails to | 19 | | provide the teacher with the official copies required | 20 | | under this subdivision (3) within 90 days from the | 21 | | teacher's first day of service with the new school | 22 | | district or program, then the new school district or | 23 | | program shall rely upon the teacher's own copies of his or | 24 | | her evaluations for purposes of this subdivision (3). | 25 | | If the teacher does not receive overall annual evaluations | 26 | | of "Excellent" in the school terms necessary for eligibility |
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| 1 | | to achieve accelerated contractual continued service in | 2 | | subdivisions (2) and (3) of this subsection (d), the teacher | 3 | | shall be eligible for contractual continued service pursuant | 4 | | to subdivision (1) of this subsection (d). If, at the | 5 | | conclusion of 4 consecutive school terms of service that count | 6 | | toward attainment of contractual continued service, the | 7 | | teacher's performance does not qualify the teacher for | 8 | | contractual continued service under subdivision (1) of this | 9 | | subsection (d), then the teacher shall not enter upon | 10 | | contractual continued service and shall be dismissed. If a | 11 | | performance evaluation is not conducted for any school term | 12 | | when such evaluation is required to be conducted under Section | 13 | | 24A-5 of this Code, then the teacher's performance evaluation | 14 | | rating for such school term for purposes of determining the | 15 | | attainment of contractual continued service shall be deemed | 16 | | "Proficient", except that, during any time in which the | 17 | | Governor has declared a disaster due to a public health | 18 | | emergency pursuant to Section 7 of the Illinois Emergency | 19 | | Management Agency Act, this default to "Proficient" does not | 20 | | apply to any teacher who has entered into contractual | 21 | | continued service and who was deemed "Excellent" on his or her | 22 | | most recent evaluation. During any time in which the Governor | 23 | | has declared a disaster due to a public health emergency | 24 | | pursuant to Section 7 of the Illinois Emergency Management | 25 | | Agency Act and unless the school board and any exclusive | 26 | | bargaining representative have completed the performance |
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| 1 | | rating for teachers or mutually agreed to an alternate | 2 | | performance rating, any teacher who has entered into | 3 | | contractual continued service, whose most recent evaluation | 4 | | was deemed "Excellent", and whose performance evaluation is | 5 | | not conducted when the evaluation is required to be conducted | 6 | | shall receive a teacher's performance rating deemed | 7 | | "Excellent". A school board and any exclusive bargaining | 8 | | representative may mutually agree to an alternate performance | 9 | | rating for teachers not in contractual continued service | 10 | | during any time in which the Governor has declared a disaster | 11 | | due to a public health emergency pursuant to Section 7 of the | 12 | | Illinois Emergency Management Agency Act, as long as the | 13 | | agreement is in writing. | 14 | | (e) For the purposes of determining contractual continued | 15 | | service, a school term shall be counted only toward attainment | 16 | | of contractual continued service if the teacher actually | 17 | | teaches or is otherwise present and participating in the | 18 | | district's or program's educational program for 120 days or | 19 | | more, provided that the days of leave under the federal Family | 20 | | Medical Leave Act that the teacher is required to take until | 21 | | the end of the school term shall be considered days of teaching | 22 | | or participation in the district's or program's educational | 23 | | program. A school term that is not counted toward attainment | 24 | | of contractual continued service shall not be considered a | 25 | | break in service for purposes of determining whether a teacher | 26 | | has been employed for 4 consecutive school terms, provided |
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| 1 | | that the teacher actually teaches or is otherwise present and | 2 | | participating in the district's or program's educational | 3 | | program in the following school term. | 4 | | (f) If the employing board determines to dismiss the | 5 | | teacher in the last year of the probationary period as | 6 | | provided in subsection (c) of this Section or subdivision (1) | 7 | | or (2) of subsection (d) of this Section, but not subdivision | 8 | | (3) of subsection (d) of this Section, the written notice of | 9 | | dismissal provided by the employing board must contain | 10 | | specific reasons for dismissal. Any full-time teacher who does | 11 | | not receive written notice from the employing board at least | 12 | | 45 days before the end of any school term as provided in this | 13 | | Section and whose performance does not require dismissal after | 14 | | the fourth probationary year pursuant to subsection (d) of | 15 | | this Section shall be re-employed for the following school | 16 | | term.
| 17 | | (g) Contractual continued service shall continue in effect | 18 | | the terms and
provisions of the contract with the teacher | 19 | | during the last school term
of the probationary period, | 20 | | subject to this Act and the lawful
regulations of the | 21 | | employing board. This Section and succeeding Sections
do not | 22 | | modify any existing power of the board except with respect to | 23 | | the
procedure of the discharge of a teacher and reductions in | 24 | | salary as
hereinafter provided. Contractual continued service | 25 | | status shall not
restrict the power of the board to transfer a | 26 | | teacher to a position
which the teacher is qualified to fill or |
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| 1 | | to make such salary
adjustments as it deems desirable, but | 2 | | unless reductions in salary are
uniform or based upon some | 3 | | reasonable classification, any teacher whose
salary is reduced | 4 | | shall be entitled to a notice and a hearing as
hereinafter | 5 | | provided in the case of certain dismissals or removals.
| 6 | | (h) If, by reason of any change in the boundaries of school | 7 | | districts or by reason of the creation of a new school | 8 | | district, the position held by any teacher having a | 9 | | contractual continued service status is transferred from one | 10 | | board to the control of a new or different board, then the | 11 | | contractual continued service status of the teacher is not | 12 | | thereby lost, and such new or different board is subject to | 13 | | this Code with respect to the teacher in the same manner as if | 14 | | the teacher were its employee and had been its employee during | 15 | | the time the teacher was actually employed by the board from | 16 | | whose control the position was transferred. | 17 | | (i) The employment of any teacher in a program of a special | 18 | | education joint
agreement established under Section 3-15.14, | 19 | | 10-22.31 or 10-22.31a shall be governed by
this and succeeding | 20 | | Sections of this Article. For purposes of
attaining and | 21 | | maintaining contractual continued service and computing
length | 22 | | of continuing service as referred to in this Section and | 23 | | Section
24-12, employment in a special educational joint | 24 | | program shall be deemed a
continuation of all previous | 25 | | licensed certificated employment of such teacher for
such | 26 | | joint agreement whether the employer of the teacher was the |
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| 1 | | joint
agreement, the regional superintendent, or one of the | 2 | | participating
districts in the joint agreement.
| 3 | | (j) For any teacher employed after July 1, 1987 as a | 4 | | full-time teacher in a program of a special education joint | 5 | | agreement, whether the program is operated by the joint | 6 | | agreement or a member district on behalf of the joint | 7 | | agreement, in the event of a reduction in the number of | 8 | | programs or positions in the joint agreement in which the | 9 | | notice of dismissal is provided on or before the end of the | 10 | | 2010-2011 school term, the teacher in contractual continued | 11 | | service is eligible for employment in the joint agreement | 12 | | programs for which the teacher is legally qualified in order | 13 | | of greater length of continuing service in the joint | 14 | | agreement, unless an alternative method of determining the | 15 | | sequence of dismissal is established in a collective | 16 | | bargaining agreement. For any teacher employed after July 1, | 17 | | 1987 as a full-time teacher in a program of a special education | 18 | | joint agreement, whether the program is operated by the joint | 19 | | agreement or a member district on behalf of the joint | 20 | | agreement, in the event of a reduction in the number of | 21 | | programs or positions in the joint agreement in which the | 22 | | notice of dismissal is provided during the 2011-2012 school | 23 | | term or a subsequent school term, the teacher shall be | 24 | | included on the honorable dismissal lists of all joint | 25 | | agreement programs for positions for which the teacher is | 26 | | qualified and is eligible for employment in such programs in |
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| 1 | | accordance with subsections (b) and (c) of Section 24-12 of | 2 | | this Code and the applicable honorable dismissal policies of | 3 | | the joint agreement. | 4 | | (k) For any teacher employed after July 1, 1987 as a | 5 | | full-time teacher in a program of a special education joint | 6 | | agreement, whether the program is operated by the joint | 7 | | agreement or a member district on behalf of the joint | 8 | | agreement, in the event of the dissolution of a joint | 9 | | agreement, in which the notice to teachers of the dissolution | 10 | | is provided during the 2010-2011 school term, the teacher in | 11 | | contractual continued service who is legally qualified shall | 12 | | be assigned to any comparable position in a member district | 13 | | currently held by a teacher who has not entered upon | 14 | | contractual continued service or held by a teacher who has | 15 | | entered upon contractual continued service with a shorter | 16 | | length of contractual continued service. Any teacher employed | 17 | | after July 1, 1987 as a full-time teacher in a program of a | 18 | | special education joint agreement, whether the program is | 19 | | operated by the joint agreement or a member district on behalf | 20 | | of the joint agreement, in the event of the dissolution of a | 21 | | joint agreement in which the notice to teachers of the | 22 | | dissolution is provided during the 2011-2012 school term or a | 23 | | subsequent school term, the teacher who is qualified shall be | 24 | | included on the order of honorable dismissal lists of each | 25 | | member district and shall be assigned to any comparable | 26 | | position in any such district in accordance with subsections |
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| 1 | | (b) and (c) of Section 24-12 of this Code and the applicable | 2 | | honorable dismissal policies of each member district.
| 3 | | (l) The governing board of the joint agreement, or the | 4 | | administrative
district, if so authorized by the articles of | 5 | | agreement of the joint
agreement, rather than the board of | 6 | | education of a school district, may
carry out employment and | 7 | | termination actions including dismissals under
this Section | 8 | | and Section 24-12.
| 9 | | (m) The employment of any teacher in a special education | 10 | | program
authorized by Section 14-1.01 through 14-14.01, or a | 11 | | joint educational
program established under Section 10-22.31a, | 12 | | shall be under this and the
succeeding Sections of this | 13 | | Article, and such employment shall be deemed
a continuation of | 14 | | the previous employment of such teacher in any of the
| 15 | | participating districts, regardless of the participation of | 16 | | other
districts in the program. | 17 | | (n) Any teacher employed as a full-time teacher in
a | 18 | | special education program prior to September 23, 1987 in which | 19 | | 2 or
more school districts
participate for a probationary | 20 | | period of 2 consecutive years shall enter
upon contractual | 21 | | continued service in each of the participating
districts, | 22 | | subject to this and the succeeding Sections of this Article,
| 23 | | and, notwithstanding Section 24-1.5 of this Code, in the event | 24 | | of the termination of the program shall be eligible for
any | 25 | | vacant position in any of such districts for which such | 26 | | teacher is
qualified.
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| 1 | | (Source: P.A. 101-643, eff. 6-18-20.)
| 2 | | (105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
| 3 | | Sec. 24-14. Termination of contractual continued service | 4 | | by teacher. A teacher , as defined in Section 24-11 of this | 5 | | Code, who
has entered into contractual continued service may | 6 | | resign
at any time by obtaining concurrence of the board or by | 7 | | serving at least 30
days' written notice upon the secretary of | 8 | | the board. However, no teacher
may resign during the school | 9 | | term, without the concurrence of the board,
in order to accept | 10 | | another teaching assignment. Any teacher
terminating said | 11 | | service not in accordance with this Section may be referred by | 12 | | the board to the State Superintendent of Education. A referral | 13 | | to the State Superintendent for an alleged violation of this | 14 | | Section must include (i) a dated copy of the teacher's | 15 | | resignation letter, (ii) a copy of the reporting district's | 16 | | current school year calendar, (iii) proof of employment for | 17 | | the school year at issue, (iv) documentation showing that the | 18 | | district's board did not accept the teacher's resignation, and | 19 | | (v) evidence that the teacher left the district in order to | 20 | | accept another teaching assignment. The State Superintendent | 21 | | or his or her designee shall convene an informal evidentiary | 22 | | hearing no later than 90 days after receipt of a resolution by | 23 | | the board. If the State Superintendent or his or her designee | 24 | | finds that the teacher resigned during the school term without | 25 | | the concurrence of the board to accept another teaching |
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| 1 | | assignment, the State Superintendent must suspend the | 2 | | teacher's license for one calendar year. In lieu of a hearing | 3 | | and finding, the teacher may agree to a lesser licensure | 4 | | sanction at the discretion of the State Superintendent.
| 5 | | (Source: P.A. 101-531, eff. 8-23-19.)
| 6 | | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | 7 | | Sec. 34-18.5. Criminal history records checks and checks | 8 | | of the Statewide Sex Offender Database and Statewide Murderer | 9 | | and Violent Offender Against Youth Database. | 10 | | (a) Licensed and nonlicensed applicants for
employment | 11 | | with the school district are required as a condition of
| 12 | | employment to authorize a fingerprint-based criminal history | 13 | | records check to determine if such applicants
have been | 14 | | convicted of any disqualifying, enumerated criminal or drug | 15 | | offense in
subsection (c) of this Section or have been
| 16 | | convicted, within 7 years of the application for employment | 17 | | with the
school district, of any other felony under the laws of | 18 | | this State or of any
offense committed or attempted in any | 19 | | other state or against the laws of
the United States that, if | 20 | | committed or attempted in this State, would
have been | 21 | | punishable as a felony under the laws of this State. | 22 | | Authorization
for
the
check shall
be furnished by the | 23 | | applicant to the school district, except that if the
applicant | 24 | | is a substitute teacher seeking employment in more than one
| 25 | | school district, or a teacher seeking concurrent part-time |
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| 1 | | employment
positions with more than one school district (as a | 2 | | reading specialist,
special education teacher or otherwise), | 3 | | or an educational support
personnel employee seeking | 4 | | employment positions with more than one
district, any such | 5 | | district may require the applicant to furnish
authorization | 6 | | for
the check to the regional superintendent of the
| 7 | | educational service region in which are located the school | 8 | | districts in
which the applicant is seeking employment as a | 9 | | substitute or concurrent
part-time teacher or concurrent | 10 | | educational support personnel employee.
Upon receipt of this | 11 | | authorization, the school district or the appropriate
regional | 12 | | superintendent, as the case may be, shall submit the | 13 | | applicant's
name, sex, race, date of birth, social security | 14 | | number, fingerprint images, and other identifiers, as | 15 | | prescribed by the Department
of State Police, to the | 16 | | Department. The regional
superintendent submitting the | 17 | | requisite information to the Department of
State Police shall | 18 | | promptly notify the school districts in which the
applicant is | 19 | | seeking employment as a substitute or concurrent part-time
| 20 | | teacher or concurrent educational support personnel employee | 21 | | that
the
check of the applicant has been requested. The | 22 | | Department of State
Police and the Federal Bureau of | 23 | | Investigation shall furnish, pursuant to a fingerprint-based | 24 | | criminal history records check, records of convictions, | 25 | | forever and hereinafter, until expunged, to the president of | 26 | | the school board for the school district that requested the |
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| 1 | | check, or to the regional superintendent who requested the | 2 | | check. The
Department shall charge
the school district
or the | 3 | | appropriate regional superintendent a fee for
conducting
such | 4 | | check, which fee shall be deposited in the State
Police | 5 | | Services Fund and shall not exceed the cost of the inquiry; and | 6 | | the
applicant shall not be charged a fee for
such check by the | 7 | | school
district or by the regional superintendent. Subject to | 8 | | appropriations for these purposes, the State Superintendent of | 9 | | Education shall reimburse the school district and regional | 10 | | superintendent for fees paid to obtain criminal history | 11 | | records checks under this Section. | 12 | | (a-5) The school district or regional superintendent shall | 13 | | further perform a check of the Statewide Sex Offender | 14 | | Database, as authorized by the Sex Offender Community | 15 | | Notification Law, for each applicant. The check of the | 16 | | Statewide Sex Offender Database must be conducted by the | 17 | | school district or regional superintendent once for every 5 | 18 | | years that an applicant remains employed by the school | 19 | | district. | 20 | | (a-6) The school district or regional superintendent shall | 21 | | further perform a check of the Statewide Murderer and Violent | 22 | | Offender Against Youth Database, as authorized by the Murderer | 23 | | and Violent Offender Against Youth Community Notification Law, | 24 | | for each applicant. The check of the Murderer and Violent | 25 | | Offender Against Youth Database must be conducted by the | 26 | | school district or regional superintendent once for every 5 |
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| 1 | | years that an applicant remains employed by the school | 2 | | district. | 3 | | (b) Any
information concerning the record of convictions | 4 | | obtained by the president
of the board of education or the | 5 | | regional superintendent shall be
confidential and may only be | 6 | | transmitted to the general superintendent of
the school | 7 | | district or his designee, the appropriate regional
| 8 | | superintendent if
the check was requested by the board of | 9 | | education
for the school district, the presidents of the | 10 | | appropriate board of
education or school boards if
the check | 11 | | was requested from the
Department of State Police by the | 12 | | regional superintendent, the State Board of Education and the | 13 | | school district as authorized under subsection (b-5), the | 14 | | State
Superintendent of Education, the State Educator | 15 | | Preparation and Licensure Board or any
other person necessary | 16 | | to the decision of hiring the applicant for
employment. A copy | 17 | | of the record of convictions obtained from the
Department of | 18 | | State Police shall be provided to the applicant for
| 19 | | employment. Upon the check of the Statewide Sex Offender | 20 | | Database or Statewide Murderer and Violent Offender Against | 21 | | Youth Database, the school district or regional superintendent | 22 | | shall notify an applicant as to whether or not the applicant | 23 | | has been identified in the Database. If a check of an applicant | 24 | | for employment as a
substitute or concurrent part-time teacher | 25 | | or concurrent educational
support personnel employee in more | 26 | | than one school district was requested
by the regional |
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| 1 | | superintendent, and the Department of State Police upon
a | 2 | | check ascertains that the applicant has not been convicted of | 3 | | any
of the enumerated criminal or drug offenses in subsection | 4 | | (c) of this Section
or has not been
convicted,
within 7 years | 5 | | of the application for employment with the
school district, of | 6 | | any other felony under the laws of this State or of any
offense | 7 | | committed or attempted in any other state or against the laws | 8 | | of
the United States that, if committed or attempted in this | 9 | | State, would
have been punishable as a felony under the laws of | 10 | | this State and so
notifies the regional superintendent and if | 11 | | the regional superintendent upon a check ascertains that the | 12 | | applicant has not been identified in the Sex Offender Database | 13 | | or Statewide Murderer and Violent Offender Against Youth | 14 | | Database, then the regional superintendent
shall issue to the | 15 | | applicant a certificate evidencing that as of the date
| 16 | | specified by the Department of State Police the applicant has | 17 | | not been
convicted of any of the enumerated criminal or drug | 18 | | offenses in subsection
(c) of this Section
or has not been
| 19 | | convicted, within 7 years of the application for employment | 20 | | with the
school district, of any other felony under the laws of | 21 | | this State or of any
offense committed or attempted in any | 22 | | other state or against the laws of
the United States that, if | 23 | | committed or attempted in this State, would
have been | 24 | | punishable as a felony under the laws of this State and | 25 | | evidencing that as of the date that the regional | 26 | | superintendent conducted a check of the Statewide Sex Offender |
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| 1 | | Database or Statewide Murderer and Violent Offender Against | 2 | | Youth Database, the applicant has not been identified in the | 3 | | Database. The school
board of any school district may rely on | 4 | | the certificate issued by any regional
superintendent to that | 5 | | substitute teacher, concurrent part-time teacher, or | 6 | | concurrent educational support personnel employee
or may | 7 | | initiate its own criminal history records check of
the | 8 | | applicant through the Department of State Police and its own | 9 | | check of the Statewide Sex Offender Database or Statewide | 10 | | Murderer and Violent Offender Against Youth Database as | 11 | | provided in
this Section. Any unauthorized release of | 12 | | confidential information may be a violation of Section 7 of | 13 | | the Criminal Identification Act. | 14 | | (b-5) If a criminal history records check or check of the | 15 | | Statewide Sex Offender Database or Statewide Murderer and | 16 | | Violent Offender Against Youth Database is performed by a | 17 | | regional superintendent for an applicant seeking employment as | 18 | | a substitute teacher with the school district, the regional | 19 | | superintendent may disclose to the State Board of Education | 20 | | whether the applicant has been issued a certificate under | 21 | | subsection (b) based on those checks. If the State Board | 22 | | receives information on an applicant under this subsection, | 23 | | then it must indicate in the Educator Licensure Information | 24 | | System for a 90-day period that the applicant has been issued | 25 | | or has not been issued a certificate. | 26 | | (c) The board of education shall not knowingly employ a |
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| 1 | | person who has
been convicted of any offense that would | 2 | | subject him or her to license suspension or revocation | 3 | | pursuant to Section 21B-80 of this Code, except as provided | 4 | | under subsection (b) of 21B-80.
Further, the board of | 5 | | education shall not knowingly employ a person who has
been | 6 | | found to be the perpetrator of sexual or physical abuse of any | 7 | | minor under
18 years of age pursuant to proceedings under | 8 | | Article II of the Juvenile Court
Act of 1987. As a condition of | 9 | | employment, the board of education must consider the status of | 10 | | a person who has been issued an indicated finding of abuse or | 11 | | neglect of a child by the Department of Children and Family | 12 | | Services under the Abused and Neglected Child Reporting Act or | 13 | | by a child welfare agency of another jurisdiction. | 14 | | (d) The board of education shall not knowingly employ a | 15 | | person for whom
a criminal history records check and a | 16 | | Statewide Sex Offender Database check have not been initiated. | 17 | | (e) Within 10 days after the general superintendent of | 18 | | schools, a regional office of education, or an entity that | 19 | | provides background checks of license holders to public | 20 | | schools receives information of a pending criminal charge | 21 | | against a license holder for an offense set forth in Section | 22 | | 21B-80 of this Code, the superintendent, regional office of | 23 | | education, or entity must notify the State Superintendent of | 24 | | Education of the pending criminal charge. | 25 | | No later than 15 business days after receipt of a record of | 26 | | conviction or of checking the Statewide Murderer and Violent |
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| 1 | | Offender Against Youth Database or the Statewide Sex Offender | 2 | | Database and finding a registration, the general | 3 | | superintendent of schools or the applicable regional | 4 | | superintendent shall, in writing, notify the State | 5 | | Superintendent of Education of any license holder who has been | 6 | | convicted of a crime set forth in Section 21B-80 of this Code. | 7 | | Upon receipt of the record of a conviction of or a finding of | 8 | | child
abuse by a holder of any license
issued pursuant to | 9 | | Article 21B or Section 34-8.1 or 34-83 of this Code, the State | 10 | | Superintendent of
Education may initiate licensure suspension | 11 | | and revocation
proceedings as authorized by law. If the | 12 | | receipt of the record of conviction or finding of child abuse | 13 | | is received within 6 months after the initial grant of or | 14 | | renewal of a license, the State Superintendent of Education | 15 | | may rescind the license holder's license. | 16 | | (e-5) The general superintendent of schools shall, in | 17 | | writing, notify the State Superintendent of Education of any | 18 | | license holder whom he or she has reasonable cause to believe | 19 | | has committed an intentional act of abuse or neglect with the | 20 | | result of making a child an abused child or a neglected child, | 21 | | as defined in Section 3 of the Abused and Neglected Child | 22 | | Reporting Act, and that act resulted in the license holder's | 23 | | dismissal or resignation from the school district and must | 24 | | include the Illinois Educator Identification Number (IEIN) of | 25 | | the license holder and a brief description of the misconduct | 26 | | alleged . This notification must be submitted within 30 days |
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| 1 | | after the dismissal or resignation. The license holder must | 2 | | also be contemporaneously sent a copy of the notice by the | 3 | | superintendent. All correspondence, documentation, and other | 4 | | information so received by the State Superintendent of | 5 | | Education, the State Board of Education, or the State Educator | 6 | | Preparation and Licensure Board under this subsection (e-5) is | 7 | | confidential and must not be disclosed to third parties, | 8 | | except (i) as necessary for the State Superintendent of | 9 | | Education or his or her designee to investigate and prosecute | 10 | | pursuant to Article 21B of this Code, (ii) pursuant to a court | 11 | | order, (iii) for disclosure to the license holder or his or her | 12 | | representative, or (iv) as otherwise provided in this Article | 13 | | and provided that any such information admitted into evidence | 14 | | in a hearing is exempt from this confidentiality and | 15 | | non-disclosure requirement. Except for an act of willful or | 16 | | wanton misconduct, any superintendent who provides | 17 | | notification as required in this subsection (e-5) shall have | 18 | | immunity from any liability, whether civil or criminal or that | 19 | | otherwise might result by reason of such action. | 20 | | (f) After March 19, 1990, the provisions of this Section | 21 | | shall apply to
all employees of persons or firms holding | 22 | | contracts with any school district
including, but not limited | 23 | | to, food service workers, school bus drivers and
other | 24 | | transportation employees, who have direct, daily contact with | 25 | | the
pupils of any school in such district. For purposes of | 26 | | criminal history records checks and checks of the Statewide |
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| 1 | | Sex Offender Database on employees of persons or firms holding | 2 | | contracts with more
than one school district and assigned to | 3 | | more than one school district, the
regional superintendent of | 4 | | the educational service region in which the
contracting school | 5 | | districts are located may, at the request of any such
school | 6 | | district, be responsible for receiving the authorization for
a | 7 | | criminal history records check prepared by each such employee | 8 | | and submitting the same to the
Department of State Police and | 9 | | for conducting a check of the Statewide Sex Offender Database | 10 | | for each employee. Any information concerning the record of
| 11 | | conviction and identification as a sex offender of any such | 12 | | employee obtained by the regional superintendent
shall be | 13 | | promptly reported to the president of the appropriate school | 14 | | board
or school boards. | 15 | | (f-5) Upon request of a school or school district, any | 16 | | information obtained by the school district pursuant to | 17 | | subsection (f) of this Section within the last year must be | 18 | | made available to the requesting school or school district. | 19 | | (g) Prior to the commencement of any student teaching | 20 | | experience or required internship (which is referred to as | 21 | | student teaching in this Section) in the public schools, a | 22 | | student teacher is required to authorize a fingerprint-based | 23 | | criminal history records check. Authorization for and payment | 24 | | of the costs of the check must be furnished by the student | 25 | | teacher to the school district. Upon receipt of this | 26 | | authorization and payment, the school district shall submit |
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| 1 | | the student teacher's name, sex, race, date of birth, social | 2 | | security number, fingerprint images, and other identifiers, as | 3 | | prescribed by the Department of State Police, to the | 4 | | Department of State Police. The Department of State Police and | 5 | | the Federal Bureau of Investigation shall furnish, pursuant to | 6 | | a fingerprint-based criminal history records check, records of | 7 | | convictions, forever and hereinafter, until expunged, to the | 8 | | president of the board. The Department shall charge the school | 9 | | district a fee for conducting the check, which fee must not | 10 | | exceed the cost of the inquiry and must be deposited into the | 11 | | State Police Services Fund. The school district shall further | 12 | | perform a check of the Statewide Sex Offender Database, as | 13 | | authorized by the Sex Offender Community Notification Law, and | 14 | | of the Statewide Murderer and Violent Offender Against Youth | 15 | | Database, as authorized by the Murderer and Violent Offender | 16 | | Against Youth Registration Act, for each student teacher. The | 17 | | board may not knowingly allow a person to student teach for | 18 | | whom a criminal history records check, a Statewide Sex | 19 | | Offender Database check, and a Statewide Murderer and Violent | 20 | | Offender Against Youth Database check have not been completed | 21 | | and reviewed by the district. | 22 | | A copy of the record of convictions obtained from the | 23 | | Department of State Police must be provided to the student | 24 | | teacher. Any information concerning the record of convictions | 25 | | obtained by the president of the board is confidential and may | 26 | | only be transmitted to the general superintendent of schools |
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| 1 | | or his or her designee, the State Superintendent of Education, | 2 | | the State Educator Preparation and Licensure Board, or, for | 3 | | clarification purposes, the Department of State Police or the | 4 | | Statewide Sex Offender Database or Statewide Murderer and | 5 | | Violent Offender Against Youth Database. Any unauthorized | 6 | | release of confidential information may be a violation of | 7 | | Section 7 of the Criminal Identification Act. | 8 | | The board may not knowingly allow a person to student | 9 | | teach who has been convicted of any offense that would subject | 10 | | him or her to license suspension or revocation pursuant to | 11 | | subsection (c) of Section 21B-80 of this Code, except as | 12 | | provided under subsection (b) of Section 21B-80. Further, the | 13 | | board may not allow a person to student teach if he or she has | 14 | | been found to be the perpetrator of sexual or physical abuse of | 15 | | a minor under 18 years of age pursuant to proceedings under | 16 | | Article II of the Juvenile Court Act of 1987. The board must | 17 | | consider the status of a person to student teach who has been | 18 | | issued an indicated finding of abuse or neglect of a child by | 19 | | the Department of Children and Family Services under the | 20 | | Abused and Neglected Child Reporting Act or by a child welfare | 21 | | agency of another jurisdiction. | 22 | | (h) (Blank). | 23 | | (Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; | 24 | | 101-643, eff. 6-18-20.)
| 25 | | Section 90. The State Mandates Act is amended by adding |
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| 1 | | Section 8.45 as follows: | 2 | | (30 ILCS 805/8.45 new) | 3 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 4 | | 8 of this Act, no reimbursement by the State is required for | 5 | | the implementation of any mandate created by this amendatory | 6 | | Act of the 102nd General Assembly.
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