Illinois General Assembly - Full Text of SB2357
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2357  102nd General Assembly

SB2357sam001 102ND GENERAL ASSEMBLY

Sen. Donald P. DeWitte

Filed: 4/22/2021

 

 


 

 


 
10200SB2357sam001LRB102 13565 RPS 25779 a

1
AMENDMENT TO SENATE BILL 2357

2    AMENDMENT NO. ______. Amend Senate Bill 2357 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-21.9, 21B-75, 21B-80, 21B-85, 24-11, 24-14, and
634-18.5 as follows:
 
7    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
8    Sec. 10-21.9. Criminal history records checks and checks
9of the Statewide Sex Offender Database and Statewide Murderer
10and Violent Offender Against Youth Database.
11    (a) Licensed and nonlicensed applicants for employment
12with a school district, except school bus driver applicants,
13are required as a condition of employment to authorize a
14fingerprint-based criminal history records check to determine
15if such applicants have been convicted of any disqualifying,
16enumerated criminal or drug offenses in subsection (c) of this

 

 

10200SB2357sam001- 2 -LRB102 13565 RPS 25779 a

1Section or have been convicted, within 7 years of the
2application for employment with the school district, of any
3other felony under the laws of this State or of any offense
4committed or attempted in any other state or against the laws
5of the United States that, if committed or attempted in this
6State, would have been punishable as a felony under the laws of
7this State. Authorization for the check shall be furnished by
8the applicant to the school district, except that if the
9applicant is a substitute teacher seeking employment in more
10than one school district, a teacher seeking concurrent
11part-time employment positions with more than one school
12district (as a reading specialist, special education teacher
13or otherwise), or an educational support personnel employee
14seeking employment positions with more than one district, any
15such district may require the applicant to furnish
16authorization for the check to the regional superintendent of
17the educational service region in which are located the school
18districts in which the applicant is seeking employment as a
19substitute or concurrent part-time teacher or concurrent
20educational support personnel employee. Upon receipt of this
21authorization, the school district or the appropriate regional
22superintendent, as the case may be, shall submit the
23applicant's name, sex, race, date of birth, social security
24number, fingerprint images, and other identifiers, as
25prescribed by the Department of State Police, to the
26Department. The regional superintendent submitting the

 

 

10200SB2357sam001- 3 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 4 -LRB102 13565 RPS 25779 a

1Database, as authorized by the Sex Offender Community
2Notification Law, for each applicant. The check of the
3Statewide Sex Offender Database must be conducted by the
4school district or regional superintendent once for every 5
5years that an applicant remains employed by the school
6district.
7    (a-6) The school district or regional superintendent shall
8further perform a check of the Statewide Murderer and Violent
9Offender Against Youth Database, as authorized by the Murderer
10and Violent Offender Against Youth Community Notification Law,
11for each applicant. The check of the Murderer and Violent
12Offender Against Youth Database must be conducted by the
13school district or regional superintendent once for every 5
14years that an applicant remains employed by the school
15district.
16    (b) Any information concerning the record of convictions
17obtained by the president of the school board or the regional
18superintendent shall be confidential and may only be
19transmitted to the superintendent of the school district or
20his designee, the appropriate regional superintendent if the
21check was requested by the school district, the presidents of
22the appropriate school boards if the check was requested from
23the Department of State Police by the regional superintendent,
24the State Board of Education and a school district as
25authorized under subsection (b-5), the State Superintendent of
26Education, the State Educator Preparation and Licensure Board,

 

 

10200SB2357sam001- 5 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 6 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 7 -LRB102 13565 RPS 25779 a

1    (b-5) If a criminal history records check or check of the
2Statewide Sex Offender Database or Statewide Murderer and
3Violent Offender Against Youth Database is performed by a
4regional superintendent for an applicant seeking employment as
5a substitute teacher with a school district, the regional
6superintendent may disclose to the State Board of Education
7whether the applicant has been issued a certificate under
8subsection (b) based on those checks. If the State Board
9receives information on an applicant under this subsection,
10then it must indicate in the Educator Licensure Information
11System for a 90-day period that the applicant has been issued
12or has not been issued a certificate.
13    (c) No school board shall knowingly employ a person who
14has been convicted of any offense that would subject him or her
15to license suspension or revocation pursuant to Section 21B-80
16of this Code, except as provided under subsection (b) of
17Section 21B-80. Further, no school board shall knowingly
18employ a person who has been found to be the perpetrator of
19sexual or physical abuse of any minor under 18 years of age
20pursuant to proceedings under Article II of the Juvenile Court
21Act of 1987. As a condition of employment, each school board
22must consider the status of a person who has been issued an
23indicated finding of abuse or neglect of a child by the
24Department of Children and Family Services under the Abused
25and Neglected Child Reporting Act or by a child welfare agency
26of another jurisdiction.

 

 

10200SB2357sam001- 8 -LRB102 13565 RPS 25779 a

1    (d) No school board shall knowingly employ a person for
2whom a criminal history records check and a Statewide Sex
3Offender Database check have not been initiated.
4    (e) Within 10 days after a superintendent, regional office
5of education, or entity that provides background checks of
6license holders to public schools receives information of a
7pending criminal charge against a license holder for an
8offense set forth in Section 21B-80 of this Code, the
9superintendent, regional office of education, or entity must
10notify the State Superintendent of Education of the pending
11criminal charge.
12    If permissible by federal or State law, no later than 15
13business days after receipt of a record of conviction or of
14checking the Statewide Murderer and Violent Offender Against
15Youth Database or the Statewide Sex Offender Database and
16finding a registration, the superintendent of the employing
17school board or the applicable regional superintendent shall,
18in writing, notify the State Superintendent of Education of
19any license holder who has been convicted of a crime set forth
20in Section 21B-80 of this Code. Upon receipt of the record of a
21conviction of or a finding of child abuse by a holder of any
22license issued pursuant to Article 21B or Section 34-8.1 or
2334-83 of the School Code, the State Superintendent of
24Education may initiate licensure suspension and revocation
25proceedings as authorized by law. If the receipt of the record
26of conviction or finding of child abuse is received within 6

 

 

10200SB2357sam001- 9 -LRB102 13565 RPS 25779 a

1months after the initial grant of or renewal of a license, the
2State Superintendent of Education may rescind the license
3holder's license.
4    (e-5) The superintendent of the employing school board
5shall, in writing, notify the State Superintendent of
6Education and the applicable regional superintendent of
7schools of any license holder whom he or she has reasonable
8cause to believe has committed an intentional act of abuse or
9neglect with the result of making a child an abused child or a
10neglected child, as defined in Section 3 of the Abused and
11Neglected Child Reporting Act, and that act resulted in the
12license holder's dismissal or resignation from the school
13district. This notification must be submitted within 30 days
14after the dismissal or resignation and must include the
15Illinois Educator Identification Number (IEIN) of the license
16holder and a brief description of the misconduct alleged. The
17license holder must also be contemporaneously sent a copy of
18the notice by the superintendent. All correspondence,
19documentation, and other information so received by the
20regional superintendent of schools, the State Superintendent
21of Education, the State Board of Education, or the State
22Educator Preparation and Licensure Board under this subsection
23(e-5) is confidential and must not be disclosed to third
24parties, except (i) as necessary for the State Superintendent
25of Education or his or her designee to investigate and
26prosecute pursuant to Article 21B of this Code, (ii) pursuant

 

 

10200SB2357sam001- 10 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 11 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 12 -LRB102 13565 RPS 25779 a

1district a fee for conducting the check, which fee must not
2exceed the cost of the inquiry and must be deposited into the
3State Police Services Fund. The school district shall further
4perform a check of the Statewide Sex Offender Database, as
5authorized by the Sex Offender Community Notification Law, and
6of the Statewide Murderer and Violent Offender Against Youth
7Database, as authorized by the Murderer and Violent Offender
8Against Youth Registration Act, for each student teacher. No
9school board may knowingly allow a person to student teach for
10whom a criminal history records check, a Statewide Sex
11Offender Database check, and a Statewide Murderer and Violent
12Offender Against Youth Database check have not been completed
13and reviewed by the district.
14    A copy of the record of convictions obtained from the
15Department of State Police must be provided to the student
16teacher. Any information concerning the record of convictions
17obtained by the president of the school board is confidential
18and may only be transmitted to the superintendent of the
19school district or his or her designee, the State
20Superintendent of Education, the State Educator Preparation
21and Licensure Board, or, for clarification purposes, the
22Department of State Police or the Statewide Sex Offender
23Database or Statewide Murderer and Violent Offender Against
24Youth Database. Any unauthorized release of confidential
25information may be a violation of Section 7 of the Criminal
26Identification Act.

 

 

10200SB2357sam001- 13 -LRB102 13565 RPS 25779 a

1    No school board shall knowingly allow a person to student
2teach who has been convicted of any offense that would subject
3him or her to license suspension or revocation pursuant to
4subsection (c) of Section 21B-80 of this Code, except as
5provided under subsection (b) of Section 21B-80. Further, no
6school board shall allow a person to student teach if he or she
7has been found to be the perpetrator of sexual or physical
8abuse of a minor under 18 years of age pursuant to proceedings
9under Article II of the Juvenile Court Act of 1987. Each school
10board must consider the status of a person to student teach who
11has been issued an indicated finding of abuse or neglect of a
12child by the Department of Children and Family Services under
13the Abused and Neglected Child Reporting Act or by a child
14welfare agency of another jurisdiction.
15    (h) (Blank).
16(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
17101-643, eff. 6-18-20.)
 
18    (105 ILCS 5/21B-75)
19    Sec. 21B-75. Suspension or revocation of license,
20endorsement, or approval.
21    (a) As used in this Section, "teacher" means any school
22district employee regularly required to be licensed, as
23provided in this Article, in order to teach or supervise in the
24public schools.
25    (b) The State Superintendent of Education has the

 

 

10200SB2357sam001- 14 -LRB102 13565 RPS 25779 a

1exclusive authority, in accordance with this Section and any
2rules adopted by the State Board of Education, in consultation
3with the State Educator Preparation and Licensure Board, to
4initiate the suspension of up to 5 calendar years or
5revocation of any license, endorsement, or approval issued
6pursuant to this Article for abuse or neglect of a child,
7immorality, a condition of health detrimental to the welfare
8of pupils, incompetency, unprofessional conduct (which
9includes the failure to disclose on an employment application
10any previous conviction for a sex offense, as defined in
11Section 21B-80 of this Code, or any other offense committed in
12any other state or against the laws of the United States that,
13if committed in this State, would be punishable as a sex
14offense, as defined in Section 21B-80 of this Code), the
15neglect of any professional duty, willful or negligent failure
16to report an instance of suspected child abuse or neglect as
17required by the Abused and Neglected Child Reporting Act, or
18other just cause. Negligent failure to report an instance of
19suspected child abuse or neglect occurs when a teacher
20personally observes an instance of suspected child abuse or
21neglect and reasonably believes, in his or her professional or
22official capacity, that the instance constitutes an act of
23child abuse or neglect under the Abused and Neglected Child
24Reporting Act, and he or she, without willful intent, fails to
25immediately report or cause a report to be made of the
26suspected abuse or neglect to the Department of Children and

 

 

10200SB2357sam001- 15 -LRB102 13565 RPS 25779 a

1Family Services, as required by the Abused and Neglected Child
2Reporting Act. Unprofessional conduct shall include the
3refusal to attend or participate in institutes, teachers'
4meetings, or professional readings or to meet other reasonable
5requirements of the regional superintendent of schools or
6State Superintendent of Education. Unprofessional conduct also
7includes conduct that violates the standards, ethics, or rules
8applicable to the security, administration, monitoring, or
9scoring of or the reporting of scores from any assessment test
10or examination administered under Section 2-3.64a-5 of this
11Code or that is known or intended to produce or report
12manipulated or artificial, rather than actual, assessment or
13achievement results or gains from the administration of those
14tests or examinations. Unprofessional conduct shall also
15include neglect or unnecessary delay in the making of
16statistical and other reports required by school officers.
17Incompetency shall include, without limitation, 2 or more
18school 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

 

 

10200SB2357sam001- 16 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 17 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 18 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 19 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 20 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 21 -LRB102 13565 RPS 25779 a

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. 100-872, eff. 8-14-18; 101-531, eff. 8-23-19.)
 
9    (105 ILCS 5/21B-80)
10    Sec. 21B-80. Conviction of certain offenses as grounds for
11disqualification for licensure or suspension or revocation of
12a license.
13    (a) As used in this Section:
14    "Drug offense" means any one or more of the following
15offenses:
16        (1) Any offense defined in the Cannabis Control Act,
17    except those defined in subdivisions (a), (b), and (c) of
18    Section 4 and subdivisions (a) and (b) of Section 5 of the
19    Cannabis Control Act and any offense for which the holder
20    of a license is placed on probation under the provisions
21    of Section 10 of the Cannabis Control Act, provided that
22    if the terms and conditions of probation required by the
23    court are not fulfilled, the offense is not eligible for
24    this exception.
25        (2) Any offense defined in the Illinois Controlled

 

 

10200SB2357sam001- 22 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 23 -LRB102 13565 RPS 25779 a

1following offenses:
2        (A) Any offense defined in Article 9 of the Criminal
3    Code of 1961 or the Criminal Code of 2012; Sections 11-6,
4    11-9 through 11-9.5, inclusive, and 11-30 (if punished as
5    a Class 4 felony) of the Criminal Code of 1961 or the
6    Criminal Code of 2012; Sections 11-14.1 through 11-21,
7    inclusive, of the Criminal Code of 1961 or the Criminal
8    Code of 2012; Sections 11-23 (if punished as a Class 3
9    felony), 11-24, 11-25, and 11-26 of the Criminal Code of
10    1961 or the Criminal Code of 2012; Section 10-5.1,
11    subsection (c) of Section 10-9, and Sections 11-6.6,
12    11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
13    and 12-35 of the Criminal Code of 2012; and Sections
14    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
15    12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
16    punished pursuant to subdivision (4) or (5) of subsection
17    (d) of Section 26-4) of the Criminal Code of 1961 or the
18    Criminal Code of 2012.
19        (B) Any attempt to commit any of the offenses listed
20    in item (A) of this definition.
21        (C) Any offense committed or attempted in any other
22    state that, if committed or attempted in this State, would
23    have been punishable as one or more of the offenses listed
24    in items (A) and (B) of this definition.
25    (b) Whenever the holder of any license issued pursuant to
26this Article or applicant for a license to be issued pursuant

 

 

10200SB2357sam001- 24 -LRB102 13565 RPS 25779 a

1to this Article has been convicted of any drug offense, other
2than as provided in subsection (c) of this Section, the State
3Superintendent of Education shall forthwith suspend the
4license or deny the application, whichever is applicable,
5until 7 years following the end of the sentence for the
6criminal offense. If the conviction is reversed and the holder
7is acquitted of the offense in a new trial or the charges
8against him or her are dismissed, the State Superintendent of
9Education shall forthwith terminate the suspension of the
10license.
11    (b-5) Whenever the holder of a license issued pursuant to
12this Article or applicant for a license to be issued pursuant
13to this Article has been charged with attempting to commit,
14conspiring to commit, soliciting, or committing any sex or
15other offense, as enumerated under item (A) of subsection (a),
16first degree murder, or a Class X felony or any offense
17committed or attempted in any other state or against the laws
18of the United States that, if committed or attempted in this
19State, would have been punishable as one or more of the
20foregoing offenses, the State Superintendent of Education
21shall immediately suspend the license or deny the application
22until the person's criminal charges are adjudicated through a
23court of competent jurisdiction. If the person is acquitted,
24his or her license or application shall be immediately
25reinstated.
26    (c) Whenever the holder of a license issued pursuant to

 

 

10200SB2357sam001- 25 -LRB102 13565 RPS 25779 a

1this Article or applicant for a license to be issued pursuant
2to this Article has been convicted of attempting to commit,
3conspiring to commit, soliciting, or committing any sex or
4other offense, as enumerated under item (A) of subsection (a),
5first degree murder, or a Class X felony or any offense
6committed or attempted in any other state or against the laws
7of the United States that, if committed or attempted in this
8State, would have been punishable as one or more of the
9foregoing offenses, the State Superintendent of Education
10shall forthwith suspend the license or deny the application,
11whichever is applicable. If the conviction is reversed and the
12holder is acquitted of that offense in a new trial or the
13charges that he or she committed that offense are dismissed,
14the State Superintendent of Education shall forthwith
15terminate the suspension of the license. When the conviction
16becomes final, the State Superintendent of Education shall
17forthwith revoke the license.
18(Source: P.A. 101-531, eff. 8-23-19.)
 
19    (105 ILCS 5/21B-85)
20    Sec. 21B-85. Conviction of felony.
21    (a) Whenever the holder of any license issued under this
22Article is employed by the school board of a school district,
23including a special charter district or a school district
24organized under Article 34 of this Code, and is convicted,
25either after a bench trial, trial by jury, or plea of guilty,

 

 

10200SB2357sam001- 26 -LRB102 13565 RPS 25779 a

1of any offense for which a sentence to death or a term of
2imprisonment in a penitentiary for one year or more is
3provided, the school board shall promptly notify the State
4Superintendent of Education, in writing, of the name of the
5license holder, the fact of the conviction, and the name and
6location of the court in which the conviction occurred.
7    (b) Whenever the school board of a school district,
8including a special charter district or a school district
9organized under Article 34 of this Code, State Superintendent
10of Education receives notice of a conviction under subsection
11(a) of this Section or otherwise learns that any person who is
12a teacher, as that term is defined in Section 16-106 of the
13Illinois Pension Code, has been convicted, either after a
14bench trial, trial by jury, or plea of guilty, of any offense
15for which a sentence to death or a term of imprisonment in a
16penitentiary for one year or more is provided, the school
17board State Superintendent of Education shall promptly notify,
18in writing, the board of trustees of the Teachers' Retirement
19System of the State of Illinois and the board of trustees of
20the Public School Teachers' Pension and Retirement Fund of the
21City of Chicago of the name of the license holder, the fact of
22the conviction, the name and location of the court in which the
23conviction occurred, and the number assigned in that court to
24the case in which the conviction occurred.
25(Source: P.A. 97-607, eff. 8-26-11.)
 

 

 

10200SB2357sam001- 27 -LRB102 13565 RPS 25779 a

1    (105 ILCS 5/24-11)  (from Ch. 122, par. 24-11)
2    Sec. 24-11. Boards of Education - Boards of School
3Inspectors - Contractual continued service.
4    (a) As used in this and the succeeding Sections of this
5Article:
6    "Teacher" means any or all school district employees
7regularly required to be licensed certified under laws
8relating to the licensure certification of teachers.
9    "Board" means board of directors, board of education, or
10board of school inspectors, as the case may be.
11    "School term" means that portion of the school year, July
121 to the following June 30, when school is in actual session.
13    "Program" means a program of a special education joint
14agreement.
15    "Program of a special education joint agreement" means
16instructional, consultative, supervisory, administrative,
17diagnostic, and related services that are managed by a special
18educational joint agreement designed to service 2 or more
19school districts that are members of the joint agreement.
20    "PERA implementation date" means the implementation date
21of an evaluation system for teachers as specified by Section
2224A-2.5 of this Code for all schools within a school district
23or all programs of a special education joint agreement.
24    (b) This Section and Sections 24-12 through 24-16 of this
25Article apply only to school districts having less than
26500,000 inhabitants.

 

 

10200SB2357sam001- 28 -LRB102 13565 RPS 25779 a

1    (c) Any teacher who is first employed as a full-time
2teacher in a school district or program prior to the PERA
3implementation date and who is employed in that district or
4program for a probationary period of 4 consecutive school
5terms shall enter upon contractual continued service in the
6district or in all of the programs that the teacher is legally
7qualified to hold, unless the teacher is given written notice
8of dismissal by certified mail, return receipt requested, by
9the employing board at least 45 days before the end of any
10school term within such period.
11    (d) For any teacher who is first employed as a full-time
12teacher in a school district or program on or after the PERA
13implementation date, the probationary period shall be one of
14the following periods, based upon the teacher's school terms
15of service and performance, before the teacher shall enter
16upon contractual continued service in the district or in all
17of the programs that the teacher is legally qualified to hold,
18unless the teacher is given written notice of dismissal by
19certified mail, return receipt requested, by the employing
20board at least 45 days before the end of any school term within
21such period:
22        (1) 4 consecutive school terms of service in which the
23    teacher receives overall annual evaluation ratings of at
24    least "Proficient" in the last school term and at least
25    "Proficient" in either the second or third school term;
26        (2) 3 consecutive school terms of service in which the

 

 

10200SB2357sam001- 29 -LRB102 13565 RPS 25779 a

1    teacher receives 3 overall annual evaluations of
2    "Excellent"; or
3        (3) 2 consecutive school terms of service in which the
4    teacher receives 2 overall annual evaluations of
5    "Excellent" service, but only if the teacher (i)
6    previously attained contractual continued service in a
7    different school district or program in this State, (ii)
8    voluntarily departed or was honorably dismissed from that
9    school district or program in the school term immediately
10    prior to the teacher's first school term of service
11    applicable to the attainment of contractual continued
12    service under this subdivision (3), and (iii) received, in
13    his or her 2 most recent overall annual or biennial
14    evaluations from the prior school district or program,
15    ratings of at least "Proficient", with both such ratings
16    occurring after the school district's or program's PERA
17    implementation date. For a teacher to attain contractual
18    continued service under this subdivision (3), the teacher
19    shall provide official copies of his or her 2 most recent
20    overall annual or biennial evaluations from the prior
21    school district or program to the new school district or
22    program within 60 days from the teacher's first day of
23    service with the new school district or program. The prior
24    school district or program must provide the teacher with
25    official copies of his or her 2 most recent overall annual
26    or biennial evaluations within 14 days after the teacher's

 

 

10200SB2357sam001- 30 -LRB102 13565 RPS 25779 a

1    request. If a teacher has requested such official copies
2    prior to 45 days after the teacher's first day of service
3    with the new school district or program and the teacher's
4    prior school district or program fails to provide the
5    teacher with the official copies required under this
6    subdivision (3), then the time period for the teacher to
7    submit the official copies to his or her new school
8    district or program must be extended until 14 days after
9    receipt of such copies from the prior school district or
10    program. If the prior school district or program fails to
11    provide the teacher with the official copies required
12    under this subdivision (3) within 90 days from the
13    teacher's first day of service with the new school
14    district or program, then the new school district or
15    program shall rely upon the teacher's own copies of his or
16    her evaluations for purposes of this subdivision (3).
17    If the teacher does not receive overall annual evaluations
18of "Excellent" in the school terms necessary for eligibility
19to achieve accelerated contractual continued service in
20subdivisions (2) and (3) of this subsection (d), the teacher
21shall be eligible for contractual continued service pursuant
22to subdivision (1) of this subsection (d). If, at the
23conclusion of 4 consecutive school terms of service that count
24toward attainment of contractual continued service, the
25teacher's performance does not qualify the teacher for
26contractual continued service under subdivision (1) of this

 

 

10200SB2357sam001- 31 -LRB102 13565 RPS 25779 a

1subsection (d), then the teacher shall not enter upon
2contractual continued service and shall be dismissed. If a
3performance evaluation is not conducted for any school term
4when such evaluation is required to be conducted under Section
524A-5 of this Code, then the teacher's performance evaluation
6rating for such school term for purposes of determining the
7attainment of contractual continued service shall be deemed
8"Proficient", except that, during any time in which the
9Governor has declared a disaster due to a public health
10emergency pursuant to Section 7 of the Illinois Emergency
11Management Agency Act, this default to "Proficient" does not
12apply to any teacher who has entered into contractual
13continued service and who was deemed "Excellent" on his or her
14most recent evaluation. During any time in which the Governor
15has declared a disaster due to a public health emergency
16pursuant to Section 7 of the Illinois Emergency Management
17Agency Act and unless the school board and any exclusive
18bargaining representative have completed the performance
19rating for teachers or mutually agreed to an alternate
20performance rating, any teacher who has entered into
21contractual continued service, whose most recent evaluation
22was deemed "Excellent", and whose performance evaluation is
23not conducted when the evaluation is required to be conducted
24shall receive a teacher's performance rating deemed
25"Excellent". A school board and any exclusive bargaining
26representative may mutually agree to an alternate performance

 

 

10200SB2357sam001- 32 -LRB102 13565 RPS 25779 a

1rating for teachers not in contractual continued service
2during any time in which the Governor has declared a disaster
3due to a public health emergency pursuant to Section 7 of the
4Illinois Emergency Management Agency Act, as long as the
5agreement is in writing.
6    (e) For the purposes of determining contractual continued
7service, a school term shall be counted only toward attainment
8of contractual continued service if the teacher actually
9teaches or is otherwise present and participating in the
10district's or program's educational program for 120 days or
11more, provided that the days of leave under the federal Family
12Medical Leave Act that the teacher is required to take until
13the end of the school term shall be considered days of teaching
14or participation in the district's or program's educational
15program. A school term that is not counted toward attainment
16of contractual continued service shall not be considered a
17break in service for purposes of determining whether a teacher
18has been employed for 4 consecutive school terms, provided
19that the teacher actually teaches or is otherwise present and
20participating in the district's or program's educational
21program in the following school term.
22    (f) If the employing board determines to dismiss the
23teacher in the last year of the probationary period as
24provided in subsection (c) of this Section or subdivision (1)
25or (2) of subsection (d) of this Section, but not subdivision
26(3) of subsection (d) of this Section, the written notice of

 

 

10200SB2357sam001- 33 -LRB102 13565 RPS 25779 a

1dismissal provided by the employing board must contain
2specific reasons for dismissal. Any full-time teacher who does
3not receive written notice from the employing board at least
445 days before the end of any school term as provided in this
5Section and whose performance does not require dismissal after
6the fourth probationary year pursuant to subsection (d) of
7this Section shall be re-employed for the following school
8term.
9    (g) Contractual continued service shall continue in effect
10the terms and provisions of the contract with the teacher
11during the last school term of the probationary period,
12subject to this Act and the lawful regulations of the
13employing board. This Section and succeeding Sections do not
14modify any existing power of the board except with respect to
15the procedure of the discharge of a teacher and reductions in
16salary as hereinafter provided. Contractual continued service
17status shall not restrict the power of the board to transfer a
18teacher to a position which the teacher is qualified to fill or
19to make such salary adjustments as it deems desirable, but
20unless reductions in salary are uniform or based upon some
21reasonable classification, any teacher whose salary is reduced
22shall be entitled to a notice and a hearing as hereinafter
23provided in the case of certain dismissals or removals.
24    (h) If, by reason of any change in the boundaries of school
25districts or by reason of the creation of a new school
26district, the position held by any teacher having a

 

 

10200SB2357sam001- 34 -LRB102 13565 RPS 25779 a

1contractual continued service status is transferred from one
2board to the control of a new or different board, then the
3contractual continued service status of the teacher is not
4thereby lost, and such new or different board is subject to
5this Code with respect to the teacher in the same manner as if
6the teacher were its employee and had been its employee during
7the time the teacher was actually employed by the board from
8whose control the position was transferred.
9    (i) The employment of any teacher in a program of a special
10education joint agreement established under Section 3-15.14,
1110-22.31 or 10-22.31a shall be governed by this and succeeding
12Sections of this Article. For purposes of attaining and
13maintaining contractual continued service and computing length
14of continuing service as referred to in this Section and
15Section 24-12, employment in a special educational joint
16program shall be deemed a continuation of all previous
17licensed certificated employment of such teacher for such
18joint agreement whether the employer of the teacher was the
19joint agreement, the regional superintendent, or one of the
20participating districts in the joint agreement.
21    (j) For any teacher employed after July 1, 1987 as a
22full-time teacher in a program of a special education joint
23agreement, whether the program is operated by the joint
24agreement or a member district on behalf of the joint
25agreement, in the event of a reduction in the number of
26programs or positions in the joint agreement in which the

 

 

10200SB2357sam001- 35 -LRB102 13565 RPS 25779 a

1notice of dismissal is provided on or before the end of the
22010-2011 school term, the teacher in contractual continued
3service is eligible for employment in the joint agreement
4programs for which the teacher is legally qualified in order
5of greater length of continuing service in the joint
6agreement, unless an alternative method of determining the
7sequence of dismissal is established in a collective
8bargaining agreement. For any teacher employed after July 1,
91987 as a full-time teacher in a program of a special education
10joint agreement, whether the program is operated by the joint
11agreement or a member district on behalf of the joint
12agreement, in the event of a reduction in the number of
13programs or positions in the joint agreement in which the
14notice of dismissal is provided during the 2011-2012 school
15term or a subsequent school term, the teacher shall be
16included on the honorable dismissal lists of all joint
17agreement programs for positions for which the teacher is
18qualified and is eligible for employment in such programs in
19accordance with subsections (b) and (c) of Section 24-12 of
20this Code and the applicable honorable dismissal policies of
21the joint agreement.
22    (k) For any teacher employed after July 1, 1987 as a
23full-time teacher in a program of a special education joint
24agreement, whether the program is operated by the joint
25agreement or a member district on behalf of the joint
26agreement, in the event of the dissolution of a joint

 

 

10200SB2357sam001- 36 -LRB102 13565 RPS 25779 a

1agreement, in which the notice to teachers of the dissolution
2is provided during the 2010-2011 school term, the teacher in
3contractual continued service who is legally qualified shall
4be assigned to any comparable position in a member district
5currently held by a teacher who has not entered upon
6contractual continued service or held by a teacher who has
7entered upon contractual continued service with a shorter
8length of contractual continued service. Any teacher employed
9after July 1, 1987 as a full-time teacher in a program of a
10special education joint agreement, whether the program is
11operated by the joint agreement or a member district on behalf
12of the joint agreement, in the event of the dissolution of a
13joint agreement in which the notice to teachers of the
14dissolution is provided during the 2011-2012 school term or a
15subsequent school term, the teacher who is qualified shall be
16included on the order of honorable dismissal lists of each
17member district and shall be assigned to any comparable
18position in any such district in accordance with subsections
19(b) and (c) of Section 24-12 of this Code and the applicable
20honorable dismissal policies of each member district.
21    (l) The governing board of the joint agreement, or the
22administrative district, if so authorized by the articles of
23agreement of the joint agreement, rather than the board of
24education of a school district, may carry out employment and
25termination actions including dismissals under this Section
26and Section 24-12.

 

 

10200SB2357sam001- 37 -LRB102 13565 RPS 25779 a

1    (m) The employment of any teacher in a special education
2program authorized by Section 14-1.01 through 14-14.01, or a
3joint educational program established under Section 10-22.31a,
4shall be under this and the succeeding Sections of this
5Article, and such employment shall be deemed a continuation of
6the previous employment of such teacher in any of the
7participating districts, regardless of the participation of
8other districts in the program.
9    (n) Any teacher employed as a full-time teacher in a
10special education program prior to September 23, 1987 in which
112 or more school districts participate for a probationary
12period of 2 consecutive years shall enter upon contractual
13continued service in each of the participating districts,
14subject to this and the succeeding Sections of this Article,
15and, notwithstanding Section 24-1.5 of this Code, in the event
16of the termination of the program shall be eligible for any
17vacant position in any of such districts for which such
18teacher is qualified.
19(Source: P.A. 101-643, eff. 6-18-20.)
 
20    (105 ILCS 5/24-14)  (from Ch. 122, par. 24-14)
21    Sec. 24-14. Termination of contractual continued service
22by teacher. A teacher, as defined in Section 24-11 of this
23Code, who has entered into contractual continued service may
24resign at any time by obtaining concurrence of the board or by
25serving at least 30 days' written notice upon the secretary of

 

 

10200SB2357sam001- 38 -LRB102 13565 RPS 25779 a

1the board. However, no teacher may resign during the school
2term, without the concurrence of the board, in order to accept
3another teaching assignment. Any teacher terminating said
4service not in accordance with this Section may be referred by
5the board to the State Superintendent of Education. A referral
6to the State Superintendent for an alleged violation of this
7Section must include (i) a dated copy of the teacher's
8resignation letter, (ii) a copy of the reporting district's
9current school year calendar, (iii) proof of employment for
10the school year at issue, (iv) documentation showing that the
11district's board did not accept the teacher's resignation, and
12(v) evidence that the teacher left the district in order to
13accept another teaching assignment. The State Superintendent
14or his or her designee shall convene an informal evidentiary
15hearing no later than 90 days after receipt of a resolution by
16the board. If the State Superintendent or his or her designee
17finds that the teacher resigned during the school term without
18the concurrence of the board to accept another teaching
19assignment, the State Superintendent must suspend the
20teacher's license for one calendar year. In lieu of a hearing
21and finding, the teacher may agree to a lesser licensure
22sanction at the discretion of the State Superintendent.
23(Source: P.A. 101-531, eff. 8-23-19.)
 
24    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
25    Sec. 34-18.5. Criminal history records checks and checks

 

 

10200SB2357sam001- 39 -LRB102 13565 RPS 25779 a

1of the Statewide Sex Offender Database and Statewide Murderer
2and Violent Offender Against Youth Database.
3    (a) Licensed and nonlicensed applicants for employment
4with the school district are required as a condition of
5employment to authorize a fingerprint-based criminal history
6records check to determine if such applicants have been
7convicted of any disqualifying, enumerated criminal or drug
8offense in subsection (c) of this Section or have been
9convicted, within 7 years of the application for employment
10with the school district, of any other felony under the laws of
11this State or of any offense committed or attempted in any
12other state or against the laws of the United States that, if
13committed or attempted in this State, would have been
14punishable as a felony under the laws of this State.
15Authorization for the check shall be furnished by the
16applicant to the school district, except that if the applicant
17is a substitute teacher seeking employment in more than one
18school district, or a teacher seeking concurrent part-time
19employment positions with more than one school district (as a
20reading specialist, special education teacher or otherwise),
21or an educational support personnel employee seeking
22employment positions with more than one district, any such
23district may require the applicant to furnish authorization
24for the check to the regional superintendent of the
25educational service region in which are located the school
26districts in which the applicant is seeking employment as a

 

 

10200SB2357sam001- 40 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 41 -LRB102 13565 RPS 25779 a

1Education shall reimburse the school district and regional
2superintendent for fees paid to obtain criminal history
3records checks under this Section.
4    (a-5) The school district or regional superintendent shall
5further perform a check of the Statewide Sex Offender
6Database, as authorized by the Sex Offender Community
7Notification Law, for each applicant. The check of the
8Statewide Sex Offender Database must be conducted by the
9school district or regional superintendent once for every 5
10years that an applicant remains employed by the school
11district.
12    (a-6) The school district or regional superintendent shall
13further perform a check of the Statewide Murderer and Violent
14Offender Against Youth Database, as authorized by the Murderer
15and Violent Offender Against Youth Community Notification Law,
16for each applicant. The check of the Murderer and Violent
17Offender Against Youth Database must be conducted by the
18school district or regional superintendent once for every 5
19years that an applicant remains employed by the school
20district.
21    (b) Any information concerning the record of convictions
22obtained by the president of the board of education or the
23regional superintendent shall be confidential and may only be
24transmitted to the general superintendent of the school
25district or his designee, the appropriate regional
26superintendent if the check was requested by the board of

 

 

10200SB2357sam001- 42 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 43 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 44 -LRB102 13565 RPS 25779 a

1check of the Statewide Sex Offender Database or Statewide
2Murderer and Violent Offender Against Youth Database as
3provided in this Section. Any unauthorized release of
4confidential information may be a violation of Section 7 of
5the Criminal Identification Act.
6    (b-5) If a criminal history records check or check of the
7Statewide Sex Offender Database or Statewide Murderer and
8Violent Offender Against Youth Database is performed by a
9regional superintendent for an applicant seeking employment as
10a substitute teacher with the school district, the regional
11superintendent may disclose to the State Board of Education
12whether the applicant has been issued a certificate under
13subsection (b) based on those checks. If the State Board
14receives information on an applicant under this subsection,
15then it must indicate in the Educator Licensure Information
16System for a 90-day period that the applicant has been issued
17or has not been issued a certificate.
18    (c) The board of education shall not knowingly employ a
19person who has been convicted of any offense that would
20subject him or her to license suspension or revocation
21pursuant to Section 21B-80 of this Code, except as provided
22under subsection (b) of 21B-80. Further, the board of
23education shall not knowingly employ a person who has been
24found to be the perpetrator of sexual or physical abuse of any
25minor under 18 years of age pursuant to proceedings under
26Article II of the Juvenile Court Act of 1987. As a condition of

 

 

10200SB2357sam001- 45 -LRB102 13565 RPS 25779 a

1employment, the board of education must consider the status of
2a person who has been issued an indicated finding of abuse or
3neglect of a child by the Department of Children and Family
4Services under the Abused and Neglected Child Reporting Act or
5by a child welfare agency of another jurisdiction.
6    (d) The board of education shall not knowingly employ a
7person for whom a criminal history records check and a
8Statewide Sex Offender Database check have not been initiated.
9    (e) Within 10 days after the general superintendent of
10schools, a regional office of education, or an entity that
11provides background checks of license holders to public
12schools receives information of a pending criminal charge
13against a license holder for an offense set forth in Section
1421B-80 of this Code, the superintendent, regional office of
15education, or entity must notify the State Superintendent of
16Education of the pending criminal charge.
17    No later than 15 business days after receipt of a record of
18conviction or of checking the Statewide Murderer and Violent
19Offender Against Youth Database or the Statewide Sex Offender
20Database and finding a registration, the general
21superintendent of schools or the applicable regional
22superintendent shall, in writing, notify the State
23Superintendent of Education of any license holder who has been
24convicted of a crime set forth in Section 21B-80 of this Code.
25Upon receipt of the record of a conviction of or a finding of
26child abuse by a holder of any license issued pursuant to

 

 

10200SB2357sam001- 46 -LRB102 13565 RPS 25779 a

1Article 21B or Section 34-8.1 or 34-83 of this Code, the State
2Superintendent of Education may initiate licensure suspension
3and revocation proceedings as authorized by law. If the
4receipt of the record of conviction or finding of child abuse
5is received within 6 months after the initial grant of or
6renewal of a license, the State Superintendent of Education
7may rescind the license holder's license.
8    (e-5) The general superintendent of schools shall, in
9writing, notify the State Superintendent of Education of any
10license holder whom he or she has reasonable cause to believe
11has committed an intentional act of abuse or neglect with the
12result of making a child an abused child or a neglected child,
13as defined in Section 3 of the Abused and Neglected Child
14Reporting Act, and that act resulted in the license holder's
15dismissal or resignation from the school district and must
16include the Illinois Educator Identification Number (IEIN) of
17the license holder and a brief description of the misconduct
18alleged. This notification must be submitted within 30 days
19after the dismissal or resignation. The license holder must
20also be contemporaneously sent a copy of the notice by the
21superintendent. All correspondence, documentation, and other
22information so received by the State Superintendent of
23Education, the State Board of Education, or the State Educator
24Preparation and Licensure Board under this subsection (e-5) is
25confidential and must not be disclosed to third parties,
26except (i) as necessary for the State Superintendent of

 

 

10200SB2357sam001- 47 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 48 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 49 -LRB102 13565 RPS 25779 a

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

 

 

10200SB2357sam001- 50 -LRB102 13565 RPS 25779 a

1teach who has been convicted of any offense that would subject
2him or her to license suspension or revocation pursuant to
3subsection (c) of Section 21B-80 of this Code, except as
4provided under subsection (b) of Section 21B-80. Further, the
5board may not allow a person to student teach if he or she has
6been found to be the perpetrator of sexual or physical abuse of
7a minor under 18 years of age pursuant to proceedings under
8Article II of the Juvenile Court Act of 1987. The board must
9consider the status of a person to student teach who has been
10issued an indicated finding of abuse or neglect of a child by
11the Department of Children and Family Services under the
12Abused and Neglected Child Reporting Act or by a child welfare
13agency of another jurisdiction.
14    (h) (Blank).
15(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
16101-643, eff. 6-18-20.)
 
17    Section 90. The State Mandates Act is amended by adding
18Section 8.45 as follows:
 
19    (30 ILCS 805/8.45 new)
20    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
218 of this Act, no reimbursement by the State is required for
22the implementation of any mandate created by this amendatory
23Act of the 102nd General Assembly.".