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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 School Code is amended by changing Sections | ||||||||||||||||||||||||||||||
| 5 | 2-3.25o, 10-21.9, 21B-80, and 34-18.5 as follows:
| ||||||||||||||||||||||||||||||
| 6 | (105 ILCS 5/2-3.25o)
| ||||||||||||||||||||||||||||||
| 7 | Sec. 2-3.25o. Registration and recognition of non-public | ||||||||||||||||||||||||||||||
| 8 | elementary and
secondary schools.
| ||||||||||||||||||||||||||||||
| 9 | (a) Findings. The General Assembly finds and declares (i) | ||||||||||||||||||||||||||||||
| 10 | that the
Constitution
of the State of Illinois provides that a | ||||||||||||||||||||||||||||||
| 11 | "fundamental goal of the People of the
State is the
educational | ||||||||||||||||||||||||||||||
| 12 | development of all persons to the limits of their capacities" | ||||||||||||||||||||||||||||||
| 13 | and
(ii) that the
educational development of every school | ||||||||||||||||||||||||||||||
| 14 | student serves the public purposes of
the State.
In order to | ||||||||||||||||||||||||||||||
| 15 | ensure that all Illinois students and teachers have the | ||||||||||||||||||||||||||||||
| 16 | opportunity
to enroll and
work in State-approved educational | ||||||||||||||||||||||||||||||
| 17 | institutions and programs, the State Board
of
Education shall | ||||||||||||||||||||||||||||||
| 18 | provide for the voluntary registration and recognition of
| ||||||||||||||||||||||||||||||
| 19 | non-public
elementary and secondary schools.
| ||||||||||||||||||||||||||||||
| 20 | (b) Registration. All non-public elementary and secondary | ||||||||||||||||||||||||||||||
| 21 | schools in the
State
of
Illinois may voluntarily register with | ||||||||||||||||||||||||||||||
| 22 | the State Board of Education on an
annual basis. Registration | ||||||||||||||||||||||||||||||
| 23 | shall
be completed
in conformance with procedures prescribed by | ||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | the State Board of Education.
Information
required for | ||||||
| 2 | registration shall include assurances of compliance (i) with
| ||||||
| 3 | federal
and State
laws regarding health examination and | ||||||
| 4 | immunization, attendance, length of term,
and
| ||||||
| 5 | nondiscrimination and (ii) with applicable fire and health | ||||||
| 6 | safety requirements.
| ||||||
| 7 | (c) Recognition. All non-public elementary and secondary | ||||||
| 8 | schools in the
State of
Illinois may voluntarily seek the | ||||||
| 9 | status of "Non-public School Recognition"
from
the State
Board | ||||||
| 10 | of Education. This status may be obtained by compliance with
| ||||||
| 11 | administrative
guidelines and review procedures as prescribed | ||||||
| 12 | by the State Board of Education.
The
guidelines and procedures | ||||||
| 13 | must recognize that some of the aims and the
financial bases of
| ||||||
| 14 | non-public schools are different from public schools and will | ||||||
| 15 | not be identical
to those for
public schools, nor will they be | ||||||
| 16 | more burdensome. The guidelines and procedures
must
also | ||||||
| 17 | recognize the diversity of non-public schools and shall not | ||||||
| 18 | impinge upon
the
noneducational relationships between those | ||||||
| 19 | schools and their clientele.
| ||||||
| 20 | (c-5) Prohibition against recognition. A non-public | ||||||
| 21 | elementary or secondary school may not obtain "Non-public | ||||||
| 22 | School Recognition" status unless the school requires all | ||||||
| 23 | certified and non-certified applicants for employment with the | ||||||
| 24 | school, after July 1, 2007, to authorize a fingerprint-based | ||||||
| 25 | criminal history records check as a condition of employment to | ||||||
| 26 | determine if such applicants have been convicted of any sex | ||||||
| |||||||
| |||||||
| 1 | offense as defined in subsection (a) of Section 21B-80 of this | ||||||
| 2 | Code, have been convicted of any narcotics offense as defined | ||||||
| 3 | in subsection (a) of Section 21B-80 of this Code within 5 years | ||||||
| 4 | of the application for employment, of the enumerated criminal | ||||||
| 5 | or drug offenses set forth in Section 21-23a of this Code or | ||||||
| 6 | have been convicted, within 2 7 years of the application for | ||||||
| 7 | employment, of any other felony under the laws of this State or | ||||||
| 8 | of any offense committed or attempted in any other state or | ||||||
| 9 | against the laws of the United States that, if committed or | ||||||
| 10 | attempted in this State, would have been punishable as a felony | ||||||
| 11 | under the laws of this State. | ||||||
| 12 | Authorization for the check shall be furnished by the | ||||||
| 13 | applicant to the school, except that if the applicant is a | ||||||
| 14 | substitute teacher seeking employment in more than one | ||||||
| 15 | non-public school, a teacher seeking concurrent part-time | ||||||
| 16 | employment positions with more than one non-public school (as a | ||||||
| 17 | reading specialist, special education teacher, or otherwise), | ||||||
| 18 | or an educational support personnel employee seeking | ||||||
| 19 | employment positions with more than one non-public school, then | ||||||
| 20 | only one of the non-public schools employing the individual | ||||||
| 21 | shall request the authorization. Upon receipt of this | ||||||
| 22 | authorization, the non-public school shall submit the | ||||||
| 23 | applicant's name, sex, race, date of birth, social security | ||||||
| 24 | number, fingerprint images, and other identifiers, as | ||||||
| 25 | prescribed by the Department of State Police, to the Department | ||||||
| 26 | of State Police. | ||||||
| |||||||
| |||||||
| 1 | The Department of State Police and Federal Bureau of | ||||||
| 2 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
| 3 | criminal history records check, records of convictions, | ||||||
| 4 | forever and hereafter, until expunged, to the president or | ||||||
| 5 | principal of the non-public school that requested the check. | ||||||
| 6 | The Department of State Police shall charge that school a fee | ||||||
| 7 | for conducting such check, which fee must be deposited into the | ||||||
| 8 | State Police Services Fund and must not exceed the cost of the | ||||||
| 9 | inquiry. Subject to appropriations for these purposes, the | ||||||
| 10 | State Superintendent of Education shall reimburse non-public | ||||||
| 11 | schools for fees paid to obtain criminal history records checks | ||||||
| 12 | under this Section. | ||||||
| 13 | A non-public school may not obtain recognition status | ||||||
| 14 | unless the school also performs a check of the Statewide Sex | ||||||
| 15 | Offender Database, as authorized by the Sex Offender Community | ||||||
| 16 | Notification Law, for each applicant for employment, after July | ||||||
| 17 | 1, 2007, to determine whether the applicant has been | ||||||
| 18 | adjudicated a sex offender. | ||||||
| 19 | Any information concerning the record of convictions | ||||||
| 20 | obtained by a non-public school's president or principal under | ||||||
| 21 | this Section is confidential and may be disseminated only to | ||||||
| 22 | the governing body of the non-public school or any other person | ||||||
| 23 | necessary to the decision of hiring the applicant for | ||||||
| 24 | employment. A copy of the record of convictions obtained from | ||||||
| 25 | the Department of State Police shall be provided to the | ||||||
| 26 | applicant for employment. Upon a check of the Statewide Sex | ||||||
| |||||||
| |||||||
| 1 | Offender Database, the non-public school shall notify the | ||||||
| 2 | applicant as to whether or not the applicant has been | ||||||
| 3 | identified in the Sex Offender Database as a sex offender. Any | ||||||
| 4 | information concerning the records of conviction obtained by | ||||||
| 5 | the non-public school's president or principal under this | ||||||
| 6 | Section for a substitute teacher seeking employment in more | ||||||
| 7 | than one non-public school, a teacher seeking concurrent | ||||||
| 8 | part-time employment positions with more than one non-public | ||||||
| 9 | school (as a reading specialist, special education teacher, or | ||||||
| 10 | otherwise), or an educational support personnel employee | ||||||
| 11 | seeking employment positions with more than one non-public | ||||||
| 12 | school may be shared with another non-public school's principal | ||||||
| 13 | or president to which the applicant seeks employment. Any | ||||||
| 14 | person who releases any criminal history record information | ||||||
| 15 | concerning an applicant for employment is guilty of a Class A | ||||||
| 16 | misdemeanor and may be subject to prosecution under federal | ||||||
| 17 | law, unless the release of such information is authorized by | ||||||
| 18 | this Section. | ||||||
| 19 | No non-public school may obtain recognition status that | ||||||
| 20 | knowingly employs a person, hired after July 1, 2007, for whom | ||||||
| 21 | a Department of State Police and Federal Bureau of | ||||||
| 22 | Investigation fingerprint-based criminal history records check | ||||||
| 23 | and a Statewide Sex Offender Database check has not been | ||||||
| 24 | initiated or who has been convicted of any sex offense as | ||||||
| 25 | defined in subsection (a) of Section 21B-80 of this Code, has | ||||||
| 26 | been convicted of any narcotics offense as defined in | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 21B-80 of this Code within 5 years of | ||||||
| 2 | the application for employment, or has been convicted of | ||||||
| 3 | offense enumerated in Section 21B-80 of this Code or any | ||||||
| 4 | offense committed or attempted in any other state or against | ||||||
| 5 | the laws of the United States that, if committed or attempted | ||||||
| 6 | in this State, would have been punishable as one or more of | ||||||
| 7 | those offenses. No non-public school may obtain recognition | ||||||
| 8 | status under this Section that knowingly employs a person who | ||||||
| 9 | has been found to be the perpetrator of sexual or physical | ||||||
| 10 | abuse of a minor under 18 years of age pursuant to proceedings | ||||||
| 11 | under Article II of the Juvenile Court Act of 1987. | ||||||
| 12 | In order to obtain recognition status under this Section, a | ||||||
| 13 | non-public school must require compliance with the provisions | ||||||
| 14 | of this subsection (c-5) from all employees of persons or firms | ||||||
| 15 | holding contracts with the school, including, but not limited | ||||||
| 16 | to, food service workers, school bus drivers, and other | ||||||
| 17 | transportation employees, who have direct, daily contact with | ||||||
| 18 | pupils. Any information concerning the records of conviction or | ||||||
| 19 | identification as a sex offender of any such employee obtained | ||||||
| 20 | by the non-public school principal or president must be | ||||||
| 21 | promptly reported to the school's governing body.
| ||||||
| 22 | (d) Public purposes. The provisions of this Section are in | ||||||
| 23 | the public
interest, for
the public benefit, and serve secular | ||||||
| 24 | public purposes.
| ||||||
| 25 | (e) Definition. For purposes of this Section, a non-public | ||||||
| 26 | school means any
non-profit, non-home-based, and non-public | ||||||
| |||||||
| |||||||
| 1 | elementary or secondary school that
is
in
compliance with Title | ||||||
| 2 | VI of the Civil Rights Act of 1964 and attendance at
which
| ||||||
| 3 | satisfies the requirements of Section 26-1 of this Code.
| ||||||
| 4 | (Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
| ||||||
| 5 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
| ||||||
| 6 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||
| 7 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
| 8 | Violent Offender Against Youth Database.
| ||||||
| 9 | (a) Certified and noncertified applicants for employment | ||||||
| 10 | with a school
district, except school bus driver applicants, | ||||||
| 11 | are required as a condition
of employment to authorize a | ||||||
| 12 | fingerprint-based criminal history records check to determine | ||||||
| 13 | if such applicants have been convicted of any of
the enumerated | ||||||
| 14 | criminal offenses in subsection (c) of this Section, have been | ||||||
| 15 | convicted of any of the enumerated or drug offenses in | ||||||
| 16 | subsection (c) of this Section within 5 years of the | ||||||
| 17 | application for employment with the school district, or
have | ||||||
| 18 | been convicted, within 2 7 years of the application for | ||||||
| 19 | employment with
the
school district, of any other felony under | ||||||
| 20 | the laws of this State or of any
offense committed or attempted | ||||||
| 21 | in any other state or against the laws of
the United States | ||||||
| 22 | that, if committed or attempted in this State, would
have been | ||||||
| 23 | punishable as a felony under the laws of this State.
| ||||||
| 24 | Authorization for
the check shall be furnished by the applicant | ||||||
| 25 | to
the school district, except that if the applicant is a | ||||||
| |||||||
| |||||||
| 1 | substitute teacher
seeking employment in more than one school | ||||||
| 2 | district, a teacher seeking
concurrent part-time employment | ||||||
| 3 | positions with more than one school
district (as a reading | ||||||
| 4 | specialist, special education teacher or otherwise),
or an | ||||||
| 5 | educational support personnel employee seeking employment | ||||||
| 6 | positions
with more than one district, any such district may | ||||||
| 7 | require the applicant to
furnish authorization for
the check to | ||||||
| 8 | the regional superintendent
of the educational service region | ||||||
| 9 | in which are located the school districts
in which the | ||||||
| 10 | applicant is seeking employment as a substitute or concurrent
| ||||||
| 11 | part-time teacher or concurrent educational support personnel | ||||||
| 12 | employee.
Upon receipt of this authorization, the school | ||||||
| 13 | district or the appropriate
regional superintendent, as the | ||||||
| 14 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
| 15 | of birth, social security number, fingerprint images, and other | ||||||
| 16 | identifiers, as prescribed by the Department
of State Police, | ||||||
| 17 | to the Department. The regional
superintendent submitting the | ||||||
| 18 | requisite information to the Department of
State Police shall | ||||||
| 19 | promptly notify the school districts in which the
applicant is | ||||||
| 20 | seeking employment as a substitute or concurrent part-time
| ||||||
| 21 | teacher or concurrent educational support personnel employee | ||||||
| 22 | that
the
check of the applicant has been requested. The | ||||||
| 23 | Department of State Police and the Federal Bureau of | ||||||
| 24 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
| 25 | criminal history records check, records of convictions, until | ||||||
| 26 | expunged, to the president of the school board for the school | ||||||
| |||||||
| |||||||
| 1 | district that requested the check, or to the regional | ||||||
| 2 | superintendent who requested the check.
The
Department shall | ||||||
| 3 | charge
the school district
or the appropriate regional | ||||||
| 4 | superintendent a fee for
conducting
such check, which fee shall | ||||||
| 5 | be deposited in the State
Police Services Fund and shall not | ||||||
| 6 | exceed the cost of
the inquiry; and the
applicant shall not be | ||||||
| 7 | charged a fee for
such check by the school
district or by the | ||||||
| 8 | regional superintendent, except that those applicants seeking | ||||||
| 9 | employment as a substitute teacher with a school district may | ||||||
| 10 | be charged a fee not to exceed the cost of the inquiry. Subject | ||||||
| 11 | to appropriations for these purposes, the State Superintendent | ||||||
| 12 | of Education shall reimburse school districts and regional | ||||||
| 13 | superintendents for fees paid to obtain criminal history | ||||||
| 14 | records checks under this Section.
| ||||||
| 15 | (a-5) The school district or regional superintendent shall | ||||||
| 16 | further perform a check of the Statewide Sex Offender Database, | ||||||
| 17 | as authorized by the Sex Offender Community Notification Law, | ||||||
| 18 | for each applicant.
| ||||||
| 19 | (a-6) The school district or regional superintendent shall | ||||||
| 20 | further perform a check of the Statewide Murderer and Violent | ||||||
| 21 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 22 | and Violent Offender Against Youth Community Notification Law, | ||||||
| 23 | for each applicant.
| ||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | transmitted to the superintendent of the school district or his
| ||||||
| 2 | designee, the appropriate regional superintendent if
the check | ||||||
| 3 | was
requested by the school district, the presidents of the | ||||||
| 4 | appropriate school
boards if
the check was requested from the | ||||||
| 5 | Department of State
Police by the regional superintendent, the | ||||||
| 6 | State Superintendent of
Education, the State Teacher | ||||||
| 7 | Certification Board, any other person
necessary to the decision | ||||||
| 8 | of hiring the applicant for employment, or for clarification | ||||||
| 9 | purposes the Department of State Police or Statewide Sex | ||||||
| 10 | Offender Database, or both. A copy
of the record of convictions | ||||||
| 11 | obtained from the Department of State Police
shall be provided | ||||||
| 12 | to the applicant for employment. Upon the check of the | ||||||
| 13 | Statewide Sex Offender Database, the school district or | ||||||
| 14 | regional superintendent shall notify an applicant as to whether | ||||||
| 15 | or not the applicant has been identified in the Database as a | ||||||
| 16 | sex offender. If a check of
an applicant for employment as a | ||||||
| 17 | substitute or concurrent part-time teacher
or concurrent | ||||||
| 18 | educational support personnel employee in more than one
school | ||||||
| 19 | district was requested by the regional superintendent, and the
| ||||||
| 20 | Department of State Police upon a check ascertains that the | ||||||
| 21 | applicant
has not been convicted of any of the enumerated | ||||||
| 22 | criminal offenses in subsection (c) of this Section, has not | ||||||
| 23 | been convicted of any of the enumerated or drug offenses
in | ||||||
| 24 | subsection (c) of this Section within 5 years of the | ||||||
| 25 | application for employment with the school district,
or has not | ||||||
| 26 | been convicted, within 2 7 years of the
application for
| ||||||
| |||||||
| |||||||
| 1 | employment with the
school district, of any other felony under | ||||||
| 2 | the laws of this State or of any
offense committed or attempted | ||||||
| 3 | in any other state or against the laws of
the United States | ||||||
| 4 | that, if committed or attempted in this State, would
have been | ||||||
| 5 | punishable as a felony under the laws of this State
and so | ||||||
| 6 | notifies the regional
superintendent and if the regional | ||||||
| 7 | superintendent upon a check ascertains that the applicant has | ||||||
| 8 | not been identified in the Sex Offender Database as a sex | ||||||
| 9 | offender, 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 offenses | ||||||
| 13 | in subsection (c) of this Section, has not been convicted of | ||||||
| 14 | any of the enumerated or
drug offenses in subsection (c) of | ||||||
| 15 | this Section within 5 years of the application for employment | ||||||
| 16 | with the school district,
or has not been
convicted, within 2 7 | ||||||
| 17 | years of the application for employment with the
school | ||||||
| 18 | district, of any other felony under the laws of this State or | ||||||
| 19 | of any
offense committed or attempted in any other state or | ||||||
| 20 | against the laws of
the United States that, if committed or | ||||||
| 21 | attempted in this State, would
have been punishable as a felony | ||||||
| 22 | under the laws of this State and evidencing that as of the date | ||||||
| 23 | that the regional superintendent conducted a check of the | ||||||
| 24 | Statewide Sex Offender Database, the applicant has not been | ||||||
| 25 | identified in the Database as a sex offender. The school
board | ||||||
| 26 | of
any
school district
may rely on the
certificate issued by | ||||||
| |||||||
| |||||||
| 1 | any regional superintendent to that substitute teacher, | ||||||
| 2 | concurrent part-time teacher, or concurrent educational | ||||||
| 3 | support personnel employee or may
initiate its own criminal | ||||||
| 4 | history records check of the applicant through the Department | ||||||
| 5 | of
State Police and its own check of the Statewide Sex Offender | ||||||
| 6 | Database as provided in subsection (a). Any person who releases | ||||||
| 7 | any
confidential information concerning any criminal | ||||||
| 8 | convictions of an
applicant for employment shall be guilty of a | ||||||
| 9 | Class A misdemeanor, unless
the release of such information is | ||||||
| 10 | authorized by this Section.
| ||||||
| 11 | (c) No school board shall knowingly employ a person who has | ||||||
| 12 | been
convicted of any sex offense as defined in subsection (a) | ||||||
| 13 | of Section 21B-80 of this Code or has been convicted of any | ||||||
| 14 | narcotics offense as defined in subsection (a) of Section | ||||||
| 15 | 21B-80 of this Code within 5 years of the application for | ||||||
| 16 | employment with the school district offense that would subject | ||||||
| 17 | him or her to license suspension or revocation pursuant to | ||||||
| 18 | Section 21B-80 of this Code.
Further, no school board shall | ||||||
| 19 | knowingly employ a person who has been found
to be the | ||||||
| 20 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
| 21 | years
of age pursuant to proceedings under Article II of the | ||||||
| 22 | Juvenile Court Act of
1987.
| ||||||
| 23 | (d) No school board shall knowingly employ a person for | ||||||
| 24 | whom a criminal
history records check and a Statewide Sex | ||||||
| 25 | Offender Database check has not been initiated.
| ||||||
| 26 | (e) Upon receipt of the record of a conviction of or a | ||||||
| |||||||
| |||||||
| 1 | finding of child
abuse by a holder of any
certificate issued | ||||||
| 2 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
| 3 | Code, the
State Superintendent of Education may initiate | ||||||
| 4 | certificate suspension
and revocation proceedings as | ||||||
| 5 | authorized by law.
| ||||||
| 6 | (e-5) The superintendent of the employing school board | ||||||
| 7 | shall, in writing, notify the State Superintendent of Education | ||||||
| 8 | and the applicable regional superintendent of schools of any | ||||||
| 9 | certificate holder whom he or she has reasonable cause to | ||||||
| 10 | believe has committed an intentional act of abuse or neglect | ||||||
| 11 | with the result of making a child an abused child or a | ||||||
| 12 | neglected child, as defined in Section 3 of the Abused and | ||||||
| 13 | Neglected Child Reporting Act, and that act resulted in the | ||||||
| 14 | certificate holder's dismissal or resignation from the school | ||||||
| 15 | district. This notification must be submitted within 30 days | ||||||
| 16 | after the dismissal or resignation. The certificate holder must | ||||||
| 17 | also be contemporaneously sent a copy of the notice by the | ||||||
| 18 | superintendent. All correspondence, documentation, and other | ||||||
| 19 | information so received by the regional superintendent of | ||||||
| 20 | schools, the State Superintendent of Education, the State Board | ||||||
| 21 | of Education, or the State Teacher Certification Board under | ||||||
| 22 | this subsection (e-5) is confidential and must not be disclosed | ||||||
| 23 | to third parties, except (i) as necessary for the State | ||||||
| 24 | Superintendent of Education or his or her designee to | ||||||
| 25 | investigate and prosecute pursuant to Article 21 of this Code, | ||||||
| 26 | (ii) pursuant to a court order, (iii) for disclosure to the | ||||||
| |||||||
| |||||||
| 1 | certificate holder or his or her representative, or (iv) as | ||||||
| 2 | otherwise provided in this Article and provided that any such | ||||||
| 3 | information admitted into evidence in a hearing is exempt from | ||||||
| 4 | this confidentiality and non-disclosure requirement. Except | ||||||
| 5 | for an act of willful or wanton misconduct, any superintendent | ||||||
| 6 | who provides notification as required in this subsection (e-5) | ||||||
| 7 | shall have immunity from any liability, whether civil or | ||||||
| 8 | criminal or that otherwise might result by reason of such | ||||||
| 9 | action. | ||||||
| 10 | (f) After January 1, 1990 the provisions of this Section | ||||||
| 11 | shall apply
to all employees of persons or firms holding | ||||||
| 12 | contracts with any school
district including, but not limited | ||||||
| 13 | to, food service workers, school bus
drivers and other | ||||||
| 14 | transportation employees, who have direct, daily contact
with | ||||||
| 15 | the pupils of any school in such district. For purposes of | ||||||
| 16 | criminal
history records checks and checks of the Statewide Sex | ||||||
| 17 | Offender Database on employees of persons or firms holding
| ||||||
| 18 | contracts with more than one school district and assigned to | ||||||
| 19 | more than one
school district, the regional superintendent of | ||||||
| 20 | the educational service
region in which the contracting school | ||||||
| 21 | districts are located may, at the
request of any such school | ||||||
| 22 | district, be responsible for receiving the
authorization for
a | ||||||
| 23 | criminal history records check prepared by each such employee | ||||||
| 24 | and
submitting the same to the Department of State Police and | ||||||
| 25 | for conducting a check of the Statewide Sex Offender Database | ||||||
| 26 | for each employee. Any information
concerning the record of | ||||||
| |||||||
| |||||||
| 1 | conviction and identification as a sex offender of any such | ||||||
| 2 | employee obtained by the
regional superintendent shall be | ||||||
| 3 | promptly reported to the president of the
appropriate school | ||||||
| 4 | board or school boards.
| ||||||
| 5 | (g) In order to student teach in the public schools, a | ||||||
| 6 | person is required to authorize a fingerprint-based criminal | ||||||
| 7 | history records check and checks of the Statewide Sex Offender | ||||||
| 8 | Database and Statewide Murderer and Violent Offender Against | ||||||
| 9 | Youth Database prior to participating in any field experiences | ||||||
| 10 | in the public schools. Authorization for and payment of the | ||||||
| 11 | costs of the checks must be furnished by the student teacher. | ||||||
| 12 | Results of the checks must be furnished to the higher education | ||||||
| 13 | institution where the student teacher is enrolled and the | ||||||
| 14 | superintendent of the school district where the student is | ||||||
| 15 | assigned. | ||||||
| 16 | (h) Upon request of a school, school district, community | ||||||
| 17 | college district, or private school, any information obtained | ||||||
| 18 | by a school district pursuant to subsection (f) of this Section | ||||||
| 19 | within the last year must be made available to that school, | ||||||
| 20 | school district, community college district, or private | ||||||
| 21 | school. | ||||||
| 22 | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||||||
| 23 | 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; | ||||||
| 24 | 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
| ||||||
| 25 | (105 ILCS 5/21B-80) | ||||||
| |||||||
| |||||||
| 1 | Sec. 21B-80. Conviction of certain offenses as grounds for | ||||||
| 2 | revocation of license. | ||||||
| 3 | (a) As used in this Section: | ||||||
| 4 | "Narcotics offense" means any one or more of the following | ||||||
| 5 | offenses: | ||||||
| 6 | (1) (Blank). Any offense defined in the Cannabis | ||||||
| 7 | Control Act, except those defined in subdivisions (a) and | ||||||
| 8 | (b) of Section 4 and subdivision (a) of Section 5 of the | ||||||
| 9 | Cannabis Control Act and any offense for which the holder | ||||||
| 10 | of a license is placed on probation under the provisions of | ||||||
| 11 | Section 10 of the Cannabis Control Act, provided that if | ||||||
| 12 | the terms and conditions of probation required by the court | ||||||
| 13 | are not fulfilled, the offense is not eligible for this | ||||||
| 14 | exception. | ||||||
| 15 | (2) Any offense defined in the Illinois Controlled | ||||||
| 16 | Substances Act, except any offense for which the holder of | ||||||
| 17 | a license is placed on probation under the provisions of | ||||||
| 18 | Section 410 of the Illinois Controlled Substances Act, | ||||||
| 19 | provided that if the terms and conditions of probation | ||||||
| 20 | required by the court are not fulfilled, the offense is not | ||||||
| 21 | eligible for this exception. | ||||||
| 22 | (3) Any offense defined in the Methamphetamine Control | ||||||
| 23 | and Community Protection Act, except any offense for which | ||||||
| 24 | the holder of a license is placed on probation under the | ||||||
| 25 | provision of Section 70 of that Act, provided that if the | ||||||
| 26 | terms and conditions of probation required by the court are | ||||||
| |||||||
| |||||||
| 1 | not fulfilled, the offense is not eligible for this | ||||||
| 2 | exception. | ||||||
| 3 | (4) Any attempt to commit any of the offenses listed in | ||||||
| 4 | items (2) and (1) through (3) of this definition. | ||||||
| 5 | (5) Any offense committed or attempted in any other | ||||||
| 6 | state or against the laws of the United States that, if | ||||||
| 7 | committed or attempted in this State, would have been | ||||||
| 8 | punishable as one or more of the offenses listed in items | ||||||
| 9 | (2) (1) through (4) of this definition. | ||||||
| 10 | The changes made by Public Act 96-431 to the definition of | ||||||
| 11 | "narcotics offense" are declaratory of existing law. | ||||||
| 12 | "Sex offense" means any one or more of the following | ||||||
| 13 | offenses: | ||||||
| 14 | (A) Any offense defined in Sections 11-6 and , 11-9 | ||||||
| 15 | through 11-9.5, inclusive, and 11-30, of the Criminal Code | ||||||
| 16 | of 1961 or the Criminal Code of 2012; Sections 11-14.1 | ||||||
| 17 | 11-14 through 11-21, inclusive, of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012; Sections 11-23 (if | ||||||
| 19 | punished as a Class 3 felony), 11-24, 11-25, and 11-26 of | ||||||
| 20 | the Criminal Code of 1961 or the Criminal Code of 2012; and | ||||||
| 21 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 22 | 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33, | ||||||
| 23 | and 12C-45 of the Criminal Code of 1961 or the Criminal | ||||||
| 24 | Code of 2012. | ||||||
| 25 | (B) Any attempt to commit any of the offenses listed in | ||||||
| 26 | item (A) of this definition. | ||||||
| |||||||
| |||||||
| 1 | (C) Any offense committed or attempted in any other | ||||||
| 2 | state that, if committed or attempted in this State, would | ||||||
| 3 | have been punishable as one or more of the offenses listed | ||||||
| 4 | in items (A) and (B) of this definition. | ||||||
| 5 | (b) Whenever the holder of any license issued pursuant to | ||||||
| 6 | this Article has been convicted of any sex offense or narcotics | ||||||
| 7 | offense, the State Superintendent of Education shall forthwith | ||||||
| 8 | suspend the license. If the conviction is reversed and the | ||||||
| 9 | holder is acquitted of the offense in a new trial or the | ||||||
| 10 | charges against him or her are dismissed, the State | ||||||
| 11 | Superintendent of Education shall forthwith terminate the | ||||||
| 12 | suspension of the license. When the conviction becomes final, | ||||||
| 13 | the State Superintendent of Education shall forthwith revoke | ||||||
| 14 | the license. | ||||||
| 15 | (c) Whenever the holder of a license issued pursuant to | ||||||
| 16 | this Article has been convicted of attempting to commit, | ||||||
| 17 | conspiring to commit, soliciting, or committing first degree | ||||||
| 18 | murder or a Class X felony or any offense committed or | ||||||
| 19 | attempted in any other state or against the laws of the United | ||||||
| 20 | States that, if committed or attempted in this State, would | ||||||
| 21 | have been punishable as one or more of the foregoing offenses, | ||||||
| 22 | the State Superintendent of Education shall forthwith suspend | ||||||
| 23 | the license. If the conviction is reversed and the holder is | ||||||
| 24 | acquitted of that offense in a new trial or the charges that he | ||||||
| 25 | or she committed that offense are dismissed, the State | ||||||
| 26 | Superintendent of Education shall forthwith terminate the | ||||||
| |||||||
| |||||||
| 1 | suspension of the license. When the conviction becomes final, | ||||||
| 2 | the State Superintendent of Education shall forthwith revoke | ||||||
| 3 | the license.
| ||||||
| 4 | (Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff. | ||||||
| 5 | 7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
| 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 of | ||||||
| 8 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
| 9 | Violent Offender Against Youth Database. | ||||||
| 10 | (a) Certified and noncertified 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 of the enumerated criminal offenses in | ||||||
| 15 | subsection (c) of this Section, have been convicted of any of | ||||||
| 16 | the enumerated or drug offenses in
subsection (c) of this | ||||||
| 17 | Section within 5 years of the application for employment with | ||||||
| 18 | the school district, or have been
convicted, within 2 7 years | ||||||
| 19 | of the application for employment with the
school district, of | ||||||
| 20 | any other felony under the laws of this State or of any
offense | ||||||
| 21 | committed or attempted in any other state or against the laws | ||||||
| 22 | of
the United States that, if committed or attempted in this | ||||||
| 23 | State, would
have been punishable as a felony under the laws of | ||||||
| 24 | this State. Authorization
for
the
check shall
be furnished by | ||||||
| 25 | the applicant to the school district, except that if the
| ||||||
| |||||||
| |||||||
| 1 | applicant is a substitute teacher seeking employment in more | ||||||
| 2 | than one
school district, or a teacher seeking concurrent | ||||||
| 3 | part-time employment
positions with more than one school | ||||||
| 4 | district (as a reading specialist,
special education teacher or | ||||||
| 5 | otherwise), or an educational support
personnel employee | ||||||
| 6 | seeking employment positions with more than one
district, any | ||||||
| 7 | such district may require the applicant to furnish
| ||||||
| 8 | authorization for
the check to the regional superintendent of | ||||||
| 9 | the
educational service region in which are located the school | ||||||
| 10 | districts in
which the applicant is seeking employment as a | ||||||
| 11 | substitute or concurrent
part-time teacher or concurrent | ||||||
| 12 | educational support personnel employee.
Upon receipt of this | ||||||
| 13 | authorization, the school district or the appropriate
regional | ||||||
| 14 | superintendent, as the case may be, shall submit the | ||||||
| 15 | applicant's
name, sex, race, date of birth, social security | ||||||
| 16 | number, fingerprint images, and other identifiers, as | ||||||
| 17 | prescribed by the Department
of State Police, to the | ||||||
| 18 | Department. The regional
superintendent submitting the | ||||||
| 19 | requisite information to the Department of
State Police shall | ||||||
| 20 | promptly notify the school districts in which the
applicant is | ||||||
| 21 | seeking employment as a substitute or concurrent part-time
| ||||||
| 22 | teacher or concurrent educational support personnel employee | ||||||
| 23 | that
the
check of the applicant has been requested. The | ||||||
| 24 | Department of State
Police and the Federal Bureau of | ||||||
| 25 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
| 26 | criminal history records check, records of convictions, until | ||||||
| |||||||
| |||||||
| 1 | expunged, to the president of the school board for the school | ||||||
| 2 | district that requested the check, or to the regional | ||||||
| 3 | superintendent who requested the check. The
Department shall | ||||||
| 4 | charge
the school district
or the appropriate regional | ||||||
| 5 | superintendent a fee for
conducting
such check, which fee shall | ||||||
| 6 | be deposited in the State
Police Services Fund and shall not | ||||||
| 7 | exceed the cost of the inquiry; and the
applicant shall not be | ||||||
| 8 | charged a fee for
such check by the school
district or by the | ||||||
| 9 | regional superintendent. Subject to appropriations for these | ||||||
| 10 | purposes, the State Superintendent of Education shall | ||||||
| 11 | reimburse the school district and regional superintendent for | ||||||
| 12 | fees paid to obtain criminal history records checks under this | ||||||
| 13 | Section. | ||||||
| 14 | (a-5) The school district or regional superintendent shall | ||||||
| 15 | further perform a check of the Statewide Sex Offender Database, | ||||||
| 16 | as authorized by the Sex Offender Community Notification Law, | ||||||
| 17 | for each applicant. | ||||||
| 18 | (a-6) The school district or regional superintendent shall | ||||||
| 19 | further perform a check of the Statewide Murderer and Violent | ||||||
| 20 | Offender Against Youth Database, as authorized by the Murderer | ||||||
| 21 | and Violent Offender Against Youth Community Notification Law, | ||||||
| 22 | for each applicant. | ||||||
| 23 | (b) Any
information concerning the record of convictions | ||||||
| 24 | obtained by the president
of the board of education or the | ||||||
| 25 | regional superintendent shall be
confidential and may only be | ||||||
| 26 | transmitted to the general superintendent of
the school | ||||||
| |||||||
| |||||||
| 1 | district or his designee, the appropriate regional
| ||||||
| 2 | superintendent if
the check was requested by the board of | ||||||
| 3 | education
for the school district, the presidents of the | ||||||
| 4 | appropriate board of
education or school boards if
the check | ||||||
| 5 | was requested from the
Department of State Police by the | ||||||
| 6 | regional superintendent, the State
Superintendent of | ||||||
| 7 | Education, the State Teacher Certification Board or any
other | ||||||
| 8 | person necessary to the decision of hiring the applicant for
| ||||||
| 9 | employment. A copy of the record of convictions obtained from | ||||||
| 10 | the
Department of State Police shall be provided to the | ||||||
| 11 | applicant for
employment. Upon the check of the Statewide Sex | ||||||
| 12 | Offender Database, the school district or regional | ||||||
| 13 | superintendent shall notify an applicant as to whether or not | ||||||
| 14 | the applicant has been identified in the Database as a sex | ||||||
| 15 | offender. If a check of an applicant for employment as a
| ||||||
| 16 | substitute or concurrent part-time teacher or concurrent | ||||||
| 17 | educational
support personnel employee in more than one school | ||||||
| 18 | district was requested
by the regional superintendent, and the | ||||||
| 19 | Department of State Police upon
a check ascertains that the | ||||||
| 20 | applicant has not been convicted of any
of the enumerated | ||||||
| 21 | criminal offenses in subsection (c) of this Section, has not | ||||||
| 22 | been convicted of any of the enumerated or drug offenses in | ||||||
| 23 | subsection (c) of this Section within 5 years of the | ||||||
| 24 | application for employment with the school district,
or has not | ||||||
| 25 | been
convicted,
within 2 7 years of the application for | ||||||
| 26 | employment with the
school district, of any other felony under | ||||||
| |||||||
| |||||||
| 1 | the laws of this State or of any
offense committed or attempted | ||||||
| 2 | in any other state or against the laws of
the United States | ||||||
| 3 | that, if committed or attempted in this State, would
have been | ||||||
| 4 | punishable as a felony under the laws of this State and so
| ||||||
| 5 | notifies the regional superintendent and if the regional | ||||||
| 6 | superintendent upon a check ascertains that the applicant has | ||||||
| 7 | not been identified in the Sex Offender Database as a sex | ||||||
| 8 | offender, then the regional superintendent
shall issue to the | ||||||
| 9 | applicant a certificate evidencing that as of the date
| ||||||
| 10 | specified by the Department of State Police the applicant has | ||||||
| 11 | not been
convicted of any of the enumerated criminal offenses | ||||||
| 12 | in subsection (c) of this Section, has not been convicted of | ||||||
| 13 | any of the enumerated or drug offenses in subsection
(c) of | ||||||
| 14 | this Section within 5 years of the application for employment | ||||||
| 15 | with the school district,
or has not been
convicted, within 2 7 | ||||||
| 16 | years of the application for employment with the
school | ||||||
| 17 | district, of any other felony under the laws of this State or | ||||||
| 18 | of any
offense committed or attempted in any other state or | ||||||
| 19 | against the laws of
the United States that, if committed or | ||||||
| 20 | attempted in this State, would
have been punishable as a felony | ||||||
| 21 | under the laws of this State and evidencing that as of the date | ||||||
| 22 | that the regional superintendent conducted a check of the | ||||||
| 23 | Statewide Sex Offender Database, the applicant has not been | ||||||
| 24 | identified in the Database as a sex offender. The school
board | ||||||
| 25 | of any school district may rely on the certificate issued by | ||||||
| 26 | any regional
superintendent to that substitute teacher, | ||||||
| |||||||
| |||||||
| 1 | concurrent part-time teacher, or concurrent educational | ||||||
| 2 | support personnel employee
or may initiate its own criminal | ||||||
| 3 | history records check of
the applicant through the Department | ||||||
| 4 | of State Police and its own check of the Statewide Sex Offender | ||||||
| 5 | Database as provided in
subsection (a). Any person who releases | ||||||
| 6 | any confidential information
concerning any criminal | ||||||
| 7 | convictions of an applicant for employment shall be
guilty of a | ||||||
| 8 | Class A misdemeanor, unless the release of such information is
| ||||||
| 9 | authorized by this Section. | ||||||
| 10 | (c) The board of education shall not knowingly employ a | ||||||
| 11 | person who has
been convicted of any sex offense as defined in | ||||||
| 12 | subsection (a) of Section 21B-80 of this Code or has been | ||||||
| 13 | convicted of any narcotics offense as defined in subsection (a) | ||||||
| 14 | of Section 21B-80 of this Code within 5 years of the | ||||||
| 15 | application for employment with the school district offense | ||||||
| 16 | that would subject him or her to license suspension or | ||||||
| 17 | revocation pursuant to Section 21B-80 of this Code.
Further, | ||||||
| 18 | the board of education shall not knowingly employ a person who | ||||||
| 19 | has
been found to be the perpetrator of sexual or physical | ||||||
| 20 | abuse of any minor under
18 years of age pursuant to | ||||||
| 21 | proceedings under Article II of the Juvenile Court
Act of 1987. | ||||||
| 22 | (d) The board of education shall not knowingly employ a | ||||||
| 23 | person for whom
a criminal history records check and a | ||||||
| 24 | Statewide Sex Offender Database check has not been initiated. | ||||||
| 25 | (e) Upon receipt of the record of a conviction of or a | ||||||
| 26 | finding of child
abuse by a holder of any
certificate issued | ||||||
| |||||||
| |||||||
| 1 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
| 2 | Code, the State Superintendent of
Education may initiate | ||||||
| 3 | certificate suspension and revocation
proceedings as | ||||||
| 4 | authorized by law. | ||||||
| 5 | (e-5) The general superintendent of schools shall, in | ||||||
| 6 | writing, notify the State Superintendent of Education of any | ||||||
| 7 | certificate holder whom he or she has reasonable cause to | ||||||
| 8 | believe has committed an intentional act of abuse or neglect | ||||||
| 9 | with the result of making a child an abused child or a | ||||||
| 10 | neglected child, as defined in Section 3 of the Abused and | ||||||
| 11 | Neglected Child Reporting Act, and that act resulted in the | ||||||
| 12 | certificate holder's dismissal or resignation from the school | ||||||
| 13 | district. This notification must be submitted within 30 days | ||||||
| 14 | after the dismissal or resignation. The certificate holder must | ||||||
| 15 | also be contemporaneously sent a copy of the notice by the | ||||||
| 16 | superintendent. All correspondence, documentation, and other | ||||||
| 17 | information so received by the State Superintendent of | ||||||
| 18 | Education, the State Board of Education, or the State Teacher | ||||||
| 19 | Certification Board under this subsection (e-5) is | ||||||
| 20 | confidential and must not be disclosed to third parties, except | ||||||
| 21 | (i) as necessary for the State Superintendent of Education or | ||||||
| 22 | his or her designee to investigate and prosecute pursuant to | ||||||
| 23 | Article 21 of this Code, (ii) pursuant to a court order, (iii) | ||||||
| 24 | for disclosure to the certificate holder or his or her | ||||||
| 25 | representative, or (iv) as otherwise provided in this Article | ||||||
| 26 | and provided that any such information admitted into evidence | ||||||
| |||||||
| |||||||
| 1 | in a hearing is exempt from this confidentiality and | ||||||
| 2 | non-disclosure requirement. Except for an act of willful or | ||||||
| 3 | wanton misconduct, any superintendent who provides | ||||||
| 4 | notification as required in this subsection (e-5) shall have | ||||||
| 5 | immunity from any liability, whether civil or criminal or that | ||||||
| 6 | otherwise might result by reason of such action. | ||||||
| 7 | (f) After March 19, 1990, the provisions of this Section | ||||||
| 8 | shall apply to
all employees of persons or firms holding | ||||||
| 9 | contracts with any school district
including, but not limited | ||||||
| 10 | to, food service workers, school bus drivers and
other | ||||||
| 11 | transportation employees, who have direct, daily contact with | ||||||
| 12 | the
pupils of any school in such district. For purposes of | ||||||
| 13 | criminal history records checks and checks of the Statewide Sex | ||||||
| 14 | Offender Database on employees of persons or firms holding | ||||||
| 15 | contracts with more
than one school district and assigned to | ||||||
| 16 | more than one school district, the
regional superintendent of | ||||||
| 17 | the educational service region in which the
contracting school | ||||||
| 18 | districts are located may, at the request of any such
school | ||||||
| 19 | district, be responsible for receiving the authorization for
a | ||||||
| 20 | criminal history records check prepared by each such employee | ||||||
| 21 | and submitting the same to the
Department of State Police and | ||||||
| 22 | for conducting a check of the Statewide Sex Offender Database | ||||||
| 23 | for each employee. Any information concerning the record of
| ||||||
| 24 | conviction and identification as a sex offender of any such | ||||||
| 25 | employee obtained by the regional superintendent
shall be | ||||||
| 26 | promptly reported to the president of the appropriate school | ||||||
| |||||||
| |||||||
| 1 | board
or school boards. | ||||||
| 2 | (g) In order to student teach in the public schools, a | ||||||
| 3 | person is required to authorize a fingerprint-based criminal | ||||||
| 4 | history records check and checks of the Statewide Sex Offender | ||||||
| 5 | Database and Statewide Murderer and Violent Offender Against | ||||||
| 6 | Youth Database prior to participating in any field experiences | ||||||
| 7 | in the public schools. Authorization for and payment of the | ||||||
| 8 | costs of the checks must be furnished by the student teacher. | ||||||
| 9 | Results of the checks must be furnished to the higher education | ||||||
| 10 | institution where the student teacher is enrolled and the | ||||||
| 11 | general superintendent of schools. | ||||||
| 12 | (h) Upon request of a school, school district, community | ||||||
| 13 | college district, or private school, any information obtained | ||||||
| 14 | by the school district pursuant to subsection (f) of this | ||||||
| 15 | Section within the last year must be made available to that | ||||||
| 16 | school, school district, community college district, or | ||||||
| 17 | private school. | ||||||
| 18 | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||||||
| 19 | 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; | ||||||
| 20 | 97-813, eff. 7-13-12.)
| ||||||
| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law.
| ||||||