Bill Text: IL HB4316 | 2021-2022 | 102nd General Assembly | Chaptered

Bill Title: Amends the School Code. Requires the superintendent of an employing school board to notify the State Superintendent of Education and applicable regional superintendent of schools if the superintendent has reasonable cause to believe that a license holder committed an act of sexual misconduct that resulted in the license holder's dismissal or resignation from the school district. Requires a public or nonpublic school or independent contractor to conduct an employment history review of certain applicants for employment. Requires the governing body of each school district, charter school, or nonpublic school to adopt a policy under which notice concerning an alleged act of sexual misconduct between an educator and a student is provided to the parent or guardian of that student. Sets forth the information that must be included in the notice. Amends the Personnel Record Review Act. Specifies that provisions requiring an employer to review and delete records concerning disciplinary actions that are more than 4 years old do not apply to a school district sharing information related to an incident or attempted incident of sexual misconduct. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 31-7)

Status: (Passed) 2022-04-22 - Public Act . . . . . . . . . 102-0702 [HB4316 Detail]

Download: Illinois-2021-HB4316-Chaptered.html




 


Public Act 102-0702

HB4316 EnrolledLRB102 20411 CMG 29271 b



 AN ACT concerning education.


 Be it enacted by the People of the State of Illinois,

represented in the General Assembly:



 Section 5. The School Code is amended by changing Sections 
10-21.9, 21B-75, 26A-30, 27A-5, and 34-18.5 and by adding 
Sections 22-85.10 and 22-94 as follows:



 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)


 Sec. 10-21.9. Criminal history records checks and checks 
of the Statewide Sex Offender Database and Statewide Murderer 
and Violent Offender Against Youth Database.

 (a) Licensed and nonlicensed applicants for employment 
with a school
district, except school bus driver applicants, 
are required as a condition
of employment to authorize a 
fingerprint-based criminal history records check to determine 
if such applicants have been convicted of any disqualifying, 
enumerated criminal or drug offenses in subsection (c) of this 
Section or
have been convicted, within 7 years of the 
application for employment with
the
school district, of any 
other felony under the laws of this State or of any
offense 
committed or attempted in any other state or against the laws 
of
the United States that, if committed or attempted in this 
State, would
have been punishable as a felony under the laws of 
this State.
Authorization for
the check shall be furnished by 
the applicant to
the school district, except that if the 
applicant is a substitute teacher
seeking employment in more 
than one school district, a teacher seeking
concurrent 
part-time employment positions with more than one school

district (as a reading specialist, special education teacher 
or otherwise),
or an educational support personnel employee 
seeking employment positions
with more than one district, any 
such district may require the applicant to
furnish 
authorization for
the check to the regional superintendent
of 
the educational service region in which are located the school 
districts
in which the applicant is seeking employment as a 
substitute or concurrent
part-time teacher or concurrent 
educational support personnel employee.
Upon receipt of this 
authorization, the school district or the appropriate
regional 
superintendent, as the case may be, shall submit the 
applicant's
name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The regional
superintendent submitting the requisite 
information to the Illinois
State Police shall promptly notify 
the school districts in which the
applicant is seeking 
employment as a substitute or concurrent part-time
teacher or 
concurrent educational support personnel employee that
the

check of the applicant has been requested. The Illinois State 
Police and the Federal Bureau of Investigation shall furnish, 
pursuant to a fingerprint-based criminal history records 
check, records of convictions, forever and hereinafter, until 
expunged, to the president of the school board for the school 
district that requested the check, or to the regional 
superintendent who requested the check.
The Illinois State 
Police
shall charge
the school district
or the appropriate 
regional superintendent a fee for
conducting
such check, which 
fee shall be deposited in the State
Police Services Fund and 
shall not exceed the cost of
the inquiry; and the
applicant 
shall not be charged a fee for
such check by the school

district or by the regional superintendent, except that those 
applicants seeking employment as a substitute teacher with a 
school district may be charged a fee not to exceed the cost of 
the inquiry. Subject to appropriations for these purposes, the 
State Superintendent of Education shall reimburse school 
districts and regional superintendents for fees paid to obtain 
criminal history records checks under this Section.

 (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender 
Database, as authorized by the Sex Offender Community 
Notification Law, for each applicant. The check of the 
Statewide Sex Offender Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Murderer and Violent 
Offender Against Youth Database, as authorized by the Murderer 
and Violent Offender Against Youth Community Notification Law, 
for each applicant. The check of the Murderer and Violent 
Offender Against Youth Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (b)
Any information
concerning the record of convictions 
obtained by the president of the
school board or the regional 
superintendent shall be confidential and may
only be 
transmitted to the superintendent of the school district or 
his
designee, the appropriate regional superintendent if
the 
check was
requested by the school district, the presidents of 
the appropriate school
boards if
the check was requested from 
the Illinois State
Police by the regional superintendent, the 
State Board of Education and a school district as authorized 
under subsection (b-5), the State Superintendent of
Education, 
the State Educator Preparation and Licensure Board, any other 
person
necessary to the decision of hiring the applicant for 
employment, or for clarification purposes the Illinois State 
Police or Statewide Sex Offender Database, or both. A copy
of 
the record of convictions obtained from the Illinois State 
Police
shall be provided to the applicant for employment. Upon 
the check of the Statewide Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database, the 
school district or regional superintendent shall notify an 
applicant as to whether or not the applicant has been 
identified in the Database. If a check of
an applicant for 
employment as a substitute or concurrent part-time teacher
or 
concurrent educational support personnel employee in more than 
one
school district was requested by the regional 
superintendent, and the Illinois
State Police upon a check 
ascertains that the applicant
has not been convicted of any of 
the enumerated criminal or drug offenses
in subsection (c) of 
this Section
or has not been convicted, within 7 years of the

application for
employment with the
school district, of any 
other felony under the laws of this State or of any
offense 
committed or attempted in any other state or against the laws 
of
the United States that, if committed or attempted in this 
State, would
have been punishable as a felony under the laws of 
this State
and so notifies the regional
superintendent and if 
the regional superintendent upon a check ascertains that the 
applicant has not been identified in the Sex Offender Database 
or Statewide Murderer and Violent Offender Against Youth 
Database, then the
regional superintendent shall issue to the 
applicant a certificate
evidencing that as of the date 
specified by the Illinois State Police
the applicant has not 
been convicted of any of the enumerated criminal or
drug 
offenses in subsection (c) of this Section
or has not been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and 
evidencing that as of the date that the regional 
superintendent conducted a check of the Statewide Sex Offender 
Database or Statewide Murderer and Violent Offender Against 
Youth Database, the applicant has not been identified in the 
Database. The school
board of
any
school district
may rely on 
the
certificate issued by any regional superintendent to that 
substitute teacher, concurrent part-time teacher, or 
concurrent educational support personnel employee or may

initiate its own criminal history records check of the 
applicant through the Illinois
State Police and its own check 
of the Statewide Sex Offender Database or Statewide Murderer 
and Violent Offender Against Youth Database as provided in 
this Section. Any unauthorized release of confidential 
information may be a violation of Section 7 of the Criminal 
Identification Act.

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

 (d) No school board shall knowingly employ a person for 
whom a criminal
history records check and a Statewide Sex 
Offender Database check have not been initiated.

 (e) Within 10 days after a superintendent, regional office 
of education, or entity that provides background checks of 
license holders to public schools receives information of a 
pending criminal charge against a license holder for an 
offense set forth in Section 21B-80 of this Code, the 
superintendent, regional office of education, or entity must 
notify the State Superintendent of Education of the pending 
criminal charge. 
 If permissible by federal or State law, no later than 15 
business days after receipt of a record of conviction or of 
checking the Statewide Murderer and Violent Offender Against 
Youth Database or the Statewide Sex Offender Database and 
finding a registration, the superintendent of the employing 
school board or the applicable regional superintendent shall, 
in writing, notify the State Superintendent of Education of 
any license holder who has been convicted of a crime set forth 
in Section 21B-80 of this Code. Upon receipt of the record of a 
conviction of or a finding of child
abuse by a holder of any 
license
issued pursuant to Article 21B or Section 34-8.1 or 
34-83 of the
School Code, the
State Superintendent of 
Education may initiate licensure suspension
and revocation 
proceedings as authorized by law. If the receipt of the record 
of conviction or finding of child abuse is received within 6 
months after the initial grant of or renewal of a license, the 
State Superintendent of Education may rescind the license 
holder's license. 

 (e-5) The superintendent of the employing school board 
shall, in writing, notify the State Superintendent of 
Education and the applicable regional superintendent of 
schools of any license holder whom he or she has reasonable 
cause to believe has committed (i) an intentional act of abuse 
or neglect with the result of making a child an abused child or 
a neglected child, as defined in Section 3 of the Abused and 
Neglected Child Reporting Act, or (ii) an act of sexual 
misconduct, as defined in Section 22-85.5 of this Code, and 
that act resulted in the license holder's dismissal or 
resignation from the school district. This notification must 
be submitted within 30 days after the dismissal or resignation 
and must include the Illinois Educator Identification Number 
(IEIN) of the license holder and a brief description of the 
misconduct alleged. The license holder must also be 
contemporaneously sent a copy of the notice by the 
superintendent. All correspondence, documentation, and other 
information so received by the regional superintendent of 
schools, the State Superintendent of Education, the State 
Board of Education, or the State Educator Preparation and 
Licensure Board under this subsection (e-5) is confidential 
and must not be disclosed to third parties, except (i) as 
necessary for the State Superintendent of Education or his or 
her designee to investigate and prosecute pursuant to Article 
21B of this Code, (ii) pursuant to a court order, (iii) for 
disclosure to the license holder or his or her representative, 
or (iv) as otherwise provided in this Article and provided 
that any such information admitted into evidence in a hearing 
is exempt from this confidentiality and non-disclosure 
requirement. Except for an act of willful or wanton 
misconduct, any superintendent who provides notification as 
required in this subsection (e-5) shall have immunity from any 
liability, whether civil or criminal or that otherwise might 
result by reason of such action.
 (f) After January 1, 1990 the provisions of this Section 
shall apply
to all employees of persons or firms holding 
contracts with any school
district including, but not limited 
to, food service workers, school bus
drivers and other 
transportation employees, who have direct, daily contact
with 
the pupils of any school in such district. For purposes of 
criminal
history records checks and checks of the Statewide 
Sex Offender Database on employees of persons or firms holding

contracts with more than one school district and assigned to 
more than one
school district, the regional superintendent of 
the educational service
region in which the contracting school 
districts are located may, at the
request of any such school 
district, be responsible for receiving the
authorization for
a 
criminal history records check prepared by each such employee 
and
submitting the same to the Illinois State Police and for 
conducting a check of the Statewide Sex Offender Database for 
each employee. Any information
concerning the record of 
conviction and identification as a sex offender of any such 
employee obtained by the
regional superintendent shall be 
promptly reported to the president of the
appropriate school 
board or school boards.

 (f-5) Upon request of a school or school district, any 
information obtained by a school district pursuant to 
subsection (f) of this Section within the last year must be 
made available to the requesting school or school district.
 (g) Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in the public schools, a 
student teacher is required to authorize a fingerprint-based 
criminal history records check. Authorization for and payment 
of the costs of the check must be furnished by the student 
teacher to the school district where the student teaching is 
to be completed. Upon receipt of this authorization and 
payment, the school district shall submit the student 
teacher's name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The Illinois State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the school board for the school district that requested the 
check. The Illinois State Police shall charge the school 
district a fee for conducting the check, which fee must not 
exceed the cost of the inquiry and must be deposited into the 
State Police Services Fund. The school district shall further 
perform a check of the Statewide Sex Offender Database, as 
authorized by the Sex Offender Community Notification Law, and 
of the Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. No 
school board may knowingly allow a person to student teach for 
whom a criminal history records check, a Statewide Sex 
Offender Database check, and a Statewide Murderer and Violent 
Offender Against Youth Database check have not been completed 
and reviewed by the district.
 A copy of the record of convictions obtained from the 
Illinois State Police must be provided to the student teacher. 
Any information concerning the record of convictions obtained 
by the president of the school board is confidential and may 
only be transmitted to the superintendent of the school 
district or his or her designee, the State Superintendent of 
Education, the State Educator Preparation and Licensure Board, 
or, for clarification purposes, the Illinois State Police or 
the Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database. Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
 No school board shall knowingly allow a person to student 
teach who has been convicted of any offense that would subject 
him or her to license suspension or revocation pursuant to 
subsection (c) of Section 21B-80 of this Code, except as 
provided under subsection (b) of Section 21B-80. Further, no 
school board shall allow a person to student teach if he or she 
has been found to be the perpetrator of sexual or physical 
abuse of a minor under 18 years of age pursuant to proceedings 
under Article II of the Juvenile Court Act of 1987. Each school 
board must consider the status of a person to student teach who 
has been issued an indicated finding of abuse or neglect of a 
child by the Department of Children and Family Services under 
the Abused and Neglected Child Reporting Act or by a child 
welfare agency of another jurisdiction. 
 (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; 
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. 
1-1-22; revised 10-6-21.)


 (105 ILCS 5/21B-75)
 Sec. 21B-75. Suspension or revocation of license, 
endorsement, or approval.
 (a) As used in this Section, "teacher" means any school 
district employee regularly required to be licensed, as 
provided in this Article, in order to teach or supervise in the 
public schools.
 (b) The State Superintendent of Education has the 
exclusive authority, in accordance with this Section and any 
rules adopted by the State Board of Education, in consultation 
with the State Educator Preparation and Licensure Board, to 
initiate the suspension of up to 5 calendar years or 
revocation of any license, endorsement, or approval issued 
pursuant to this Article for abuse or neglect of a child, 
sexual misconduct as defined in subsection (c) of Section 
22-85.5 of this Code, immorality, a condition of health 
detrimental to the welfare of pupils, incompetency, 
unprofessional conduct (which includes the failure to disclose 
on an employment application any previous conviction for a sex 
offense, as defined in Section 21B-80 of this Code, or any 
other offense committed in any other state or against the laws 
of the United States that, if committed in this State, would be 
punishable as a sex offense, as defined in Section 21B-80 of 
this Code), the neglect of any professional duty, willful or 
negligent failure to report an instance of suspected child 
abuse or neglect as required by the Abused and Neglected Child 
Reporting Act, or other just cause. Negligent failure to 
report an instance of suspected child abuse or neglect occurs 
when a teacher personally observes an instance of suspected 
child abuse or neglect and reasonably believes, in his or her 
professional or official capacity, that the instance 
constitutes an act of child abuse or neglect under the Abused 
and Neglected Child Reporting Act, and he or she, without 
willful intent, fails to immediately report or cause a report 
to be made of the suspected abuse or neglect to the Department 
of Children and Family Services, as required by the Abused and 
Neglected Child Reporting Act. Unprofessional conduct shall 
include the refusal to attend or participate in institutes, 
teachers' meetings, or professional readings or to meet other 
reasonable requirements of the regional superintendent of 
schools or State Superintendent of Education. Unprofessional 
conduct also includes conduct that violates the standards, 
ethics, or rules applicable to the security, administration, 
monitoring, or scoring of or the reporting of scores from any 
assessment test or examination administered under Section 
2-3.64a-5 of this Code or that is known or intended to produce 
or report manipulated or artificial, rather than actual, 
assessment or achievement results or gains from the 
administration of those tests or examinations. Unprofessional 
conduct shall also include neglect or unnecessary delay in the 
making of statistical and other reports required by school 
officers. Incompetency shall include, without limitation, 2 or 
more school terms of service for which the license holder has 
received an unsatisfactory rating on a performance evaluation 
conducted pursuant to Article 24A of this Code within a period 
of 7 school terms of service. In determining whether to 
initiate action against one or more licenses based on 
incompetency and the recommended sanction for such action, the 
State Superintendent shall consider factors that include 
without limitation all of the following:
  (1) Whether the unsatisfactory evaluation ratings 
 occurred prior to June 13, 2011 (the effective date of 
 Public Act 97-8).
  (2) Whether the unsatisfactory evaluation ratings 
 occurred prior to or after the implementation date, as 
 defined in Section 24A-2.5 of this Code, of an evaluation 
 system for teachers in a school district.
  (3) Whether the evaluator or evaluators who performed 
 an unsatisfactory evaluation met the pre-licensure and 
 training requirements set forth in Section 24A-3 of this 
 Code.
  (4) The time between the unsatisfactory evaluation 
 ratings.
  (5) The quality of the remediation plans associated 
 with the unsatisfactory evaluation ratings and whether the 
 license holder successfully completed the remediation 
 plans.
  (6) Whether the unsatisfactory evaluation ratings were 
 related to the same or different assignments performed by 
 the license holder.
  (7) Whether one or more of the unsatisfactory 
 evaluation ratings occurred in the first year of a 
 teaching or administrative assignment. 
When initiating an action against one or more licenses, the 
State Superintendent may seek required professional 
development as a sanction in lieu of or in addition to 
suspension or revocation. Any such required professional 
development must be at the expense of the license holder, who 
may use, if available and applicable to the requirements 
established by administrative or court order, training, 
coursework, or other professional development funds in 
accordance with the terms of an applicable collective 
bargaining agreement entered into after June 13, 2011 (the 
effective date of Public Act 97-8), unless that agreement 
specifically precludes use of funds for such purpose. 
 (c) The State Superintendent of Education shall, upon 
receipt of evidence of abuse or neglect of a child, 
immorality, a condition of health detrimental to the welfare 
of pupils, incompetency (subject to subsection (b) of this 
Section), unprofessional conduct, the neglect of any 
professional duty, or other just cause, further investigate 
and, if and as appropriate, serve written notice to the 
individual and afford the individual opportunity for a hearing 
prior to suspension, revocation, or other sanction; provided 
that the State Superintendent is under no obligation to 
initiate such an investigation if the Department of Children 
and Family Services is investigating the same or substantially 
similar allegations and its child protective service unit has 
not made its determination, as required under Section 7.12 of 
the Abused and Neglected Child Reporting Act. If the State 
Superintendent of Education does not receive from an 
individual a request for a hearing within 10 days after the 
individual receives notice, the suspension, revocation, or 
other sanction shall immediately take effect in accordance 
with the notice. If a hearing is requested within 10 days after 
notice of an opportunity for hearing, it shall act as a stay of 
proceedings until the State Educator Preparation and Licensure 
Board issues a decision. Any hearing shall take place in the 
educational service region where the educator is or was last 
employed and in accordance with rules adopted by the State 
Board of Education, in consultation with the State Educator 
Preparation and Licensure Board, and such rules shall include 
without limitation provisions for discovery and the sharing of 
information between parties prior to the hearing. The standard 
of proof for any administrative hearing held pursuant to this 
Section shall be by the preponderance of the evidence. The 
decision of the State Educator Preparation and Licensure Board 
is a final administrative decision and is subject to judicial 
review by appeal of either party.
 The State Board of Education may refuse to issue or may 
suspend the license of any person who fails to file a return or 
to pay the tax, penalty, or interest shown in a filed return or 
to pay any final assessment of tax, penalty, or interest, as 
required by any tax Act administered by the Department of 
Revenue, until such time as the requirements of any such tax 
Act are satisfied.
 The exclusive authority of the State Superintendent of 
Education to initiate suspension or revocation of a license 
pursuant to this Section does not preclude a regional 
superintendent of schools from cooperating with the State 
Superintendent or a State's Attorney with respect to an 
investigation of alleged misconduct.
 (d) The State Superintendent of Education or his or her 
designee may initiate and conduct such investigations as may 
be reasonably necessary to establish the existence of any 
alleged misconduct. At any stage of the investigation, the 
State Superintendent may issue a subpoena requiring the 
attendance and testimony of a witness, including the license 
holder, and the production of any evidence, including files, 
records, correspondence, or documents, relating to any matter 
in question in the investigation. The subpoena shall require a 
witness to appear at the State Board of Education at a 
specified date and time and shall specify any evidence to be 
produced. The license holder is not entitled to be present, 
but the State Superintendent shall provide the license holder 
with a copy of any recorded testimony prior to a hearing under 
this Section. Such recorded testimony must not be used as 
evidence at a hearing, unless the license holder has adequate 
notice of the testimony and the opportunity to cross-examine 
the witness. Failure of a license holder to comply with a duly 
issued, investigatory subpoena may be grounds for revocation, 
suspension, or denial of a license.
 (e) All correspondence, documentation, and other 
information so received by the regional superintendent of 
schools, the State Superintendent of Education, the State 
Board of Education, or the State Educator Preparation and 
Licensure Board under this Section is confidential and must 
not be disclosed to third parties, except (i) as necessary for 
the State Superintendent of Education or his or her designee 
to investigate and prosecute pursuant to this Article, (ii) 
pursuant to a court order, (iii) for disclosure to the license 
holder or his or her representative, or (iv) as otherwise 
required in this Article and provided that any such 
information admitted into evidence in a hearing is exempt from 
this confidentiality and non-disclosure requirement.
 (f) The State Superintendent of Education or a person 
designated by him or her shall have the power to administer 
oaths to witnesses at any hearing conducted before the State 
Educator Preparation and Licensure Board pursuant to this 
Section. The State Superintendent of Education or a person 
designated by him or her is authorized to subpoena and bring 
before the State Educator Preparation and Licensure Board any 
person in this State and to take testimony either orally or by 
deposition or by exhibit, with the same fees and mileage and in 
the same manner as prescribed by law in judicial proceedings 
in civil cases in circuit courts of this State.
 (g) Any circuit court, upon the application of the State 
Superintendent of Education or the license holder, may, by 
order duly entered, require the attendance of witnesses and 
the production of relevant books and papers as part of any 
investigation or at any hearing the State Educator Preparation 
and Licensure Board is authorized to conduct pursuant to this 
Section, and the court may compel obedience to its orders by 
proceedings for contempt.
 (h) The State Board of Education shall receive an annual 
line item appropriation to cover fees associated with the 
investigation and prosecution of alleged educator misconduct 
and hearings related thereto.

(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)

 (105 ILCS 5/22-85.10 new)
 Sec. 22-85.10. Parental notification of sexual misconduct.
 (a) The governing body of each school district, charter 
school, or nonpublic school shall implement a procedure under 
which notice is provided to the parents or guardians of an 
enrolled student, unless the student is at least 18 years of 
age or emancipated, with whom an employee, agent of the 
school, or a contractor of the school is alleged to have 
engaged in sexual misconduct as defined in subsection (c) of 
Section 22-85.5 of this Code. Notice provided to the parent or 
guardian of a student with a disability must not conflict with 
the student's individualized education plan or a Section 504 
plan under the federal Rehabilitation Act of 1973 and the 
requirements of applicable State or federal law. The procedure 
shall include: 
  (1) Consideration of the time frame for providing 
 notice to the student and the student's parents or 
 guardians if the alleged sexual misconduct is also being 
 investigated by the Illinois Department of Children and 
 Family Services or law enforcement as described in Section 
 22-85 of this Code.
  (2) Prior to notification of the student's parents or 
 guardians, notification must first be provided to the 
 student in a developmentally appropriate manner and 
 include:
   (A) that notice will be given to the student's 
 parents or guardians;
   (B) what information will be included in the 
 notice to the student's parents or guardians;
   (C) available resources for the student within the 
 school and community in accordance with Article 26A of 
 this Code and available counseling services under 
 Section 3-550 of the Mental Health and Developmental 
 Disabilities Code; and
   (D) beginning July 1, 2025, the name and contact 
 information for the domestic and sexual violence and 
 parenting resource coordinator under Section 26A-35 of 
 this Code.
  (3) After notification of the student as required 
 under paragraph (2), the student's parents or guardians 
 shall be notified in writing:
   (A) of the alleged misconduct; and
   (B) of available resources for the student within 
 the school and the community in accordance with 
 Article 26A of this Code and, beginning on July 1, 
 2025, the name and contact information for the 
 domestic and sexual violence and parenting resource 
 coordinator under Section 26A-35 of this Code.
  (4) Notification must be provided as soon as feasible 
 after the employing entity becomes aware that alleged 
 misconduct may have occurred, subject to the requirements 
 of subsection (f) of Section 22-85 of this Code.
 (b) The governing body of each school district, charter 
school, or nonpublic school shall implement a procedure under 
which notice is provided to the parents or guardians of a 
student, subject to subsection (a), when any formal action has 
been taken by the governing body relating to the employment of 
the alleged perpetrator following the investigation of sexual 
misconduct, including whether employment was terminated or 
whether the governing body accepted the resignation of the 
employee. Notice provided to the parents or guardians of a 
student with a disability must not conflict with the student's 
individualized education plan or a Section 504 plan under the 
federal Rehabilitation Act of 1973 and the requirements of 
applicable State or federal law. The procedure shall include:
  (1) Consideration of the time frame for providing 
 notice to the student and the student's parents or 
 guardians if the alleged sexual misconduct is also being 
 investigated by the Illinois Department of Children and 
 Family Services or law enforcement as described in Section 
 22-85 of this Code.
  (2) Prior to notification of the student's parents or 
 guardians, notification must first be provided to the 
 student in a developmentally appropriate manner and 
 include:
   (A) that notice will be given to the student's 
 parent or guardian of the governing body's action;
   (B) what information will be included in the 
 notice to the student's parents or guardians;
   (C) available resources for the student within the 
 school and community in accordance with Article 26A of 
 this Code and available counseling services under 
 Section 3-550 of the Mental Health and Developmental 
 Disabilities Code; and
   (D) beginning July 1, 2025, the name and contact 
 information for the domestic and sexual violence and 
 parenting resource coordinator under Section 26A-35 of 
 this Code.
  (3) After notification of the student as required in 
 paragraph (2), the student's parents or guardians shall be 
 notified in writing:
   (A) of the governing body's action;
   (B) whether a report concerning the alleged sexual 
 misconduct was or will be submitted to the State 
 Superintendent of Education and the applicable 
 regional superintendent of schools pursuant to Section 
 10-21.9 of this Code; and
   (C) of available resources for the student within 
 the school and the community in accordance with 
 Article 26A of this Code and, beginning on July 1, 
 2025, the name and contact information for the 
 domestic and sexual violence and parenting resource 
 coordinator under Section 26A-35 of this Code.
  (4) Notification must be provided as soon as feasible 
 after the board action is taken, subject to the 
 requirements of subsection (f) of Section 22-85 of this 
 Code.
  (5) For the purposes of subsection (b), if the student 
 is no longer enrolled at the time formal action is taken, 
 sending written notice to the last known address in the 
 student's file fulfills notification requirements.
 (c) Notwithstanding any other provision of this Section, 
notification to the student prior to notification of the 
student's parents or guardians shall not be required to the 
extent an employee or agent of the school district, charter 
school, or nonpublic school deems it necessary to address an 
imminent risk of serious physical injury or death of a student 
or another person, including the victim. If prior notification 
to the student is not given, notification to the student shall 
be provided as soon as practicable and without delay following 
the notification to the student's parents or guardians.
 (d) Subsections (a) and (b) shall not apply if the 
student's parent or guardian is the alleged perpetrator of the 
misconduct.

 (105 ILCS 5/22-94 new)
 Sec. 22-94. Employment history review.
 (a) This Section applies to all permanent and temporary 
positions for employment with a school or a contractor of a 
school involving direct contact with children or students.
 (b) In this Section:
 "Contractor" means firms holding contracts with any school 
including, but not limited to, food service workers, school 
bus drivers and other transportation employees, who have 
direct contact with children or students.
 "Direct contact with children or students" means the 
possibility of care, supervision, guidance, or control of 
children or students or routine interaction with children or 
students.
 "School" means a public or nonpublic elementary or 
secondary school.
 "Sexual misconduct" has the meaning ascribed to it in 
subsection (c) of Section 22-85.5 of this Code.
 (c) Prior to hiring an applicant to work directly with 
children or students, a school or contractor must ensure that 
the following criteria are met:
  (1) the school or contractor has no knowledge or 
 information pertaining to the applicant that would 
 disqualify the applicant from employment;
  (2) the applicant swears or affirms that the applicant 
 is not disqualified from employment;
  (3) using the template developed by the State Board of 
 Education, the applicant provides all of the following:
   (A) a list, including the name, address, telephone 
 number, and other relevant contact information of the 
 following:
    (i) the applicant's current employer;
    (ii) all former employers of the applicant 
 that were schools or school contractors, as well 
 as all former employers at which the applicant had 
 direct contact with children or students;
   (B) A written authorization that consents to and 
 authorizes disclosure by the applicant's current and 
 former employers under subparagraph (A) of this

 paragraph (3) of the information requested under 
 paragraph (4) of this subsection (c) and the release 
 of related records and that releases those employers 
 from any liability that may arise from such disclosure 
 or release of records pursuant to subsection (e).
   (C) A written statement of whether the applicant:
    (i) has been the subject of a sexual 
 misconduct allegation, unless a subsequent 
 investigation resulted in a finding that the 
 allegation was false, unfounded, or 
 unsubstantiated;
    (ii) has ever been discharged from, been asked 
 to resign from, resigned from, or otherwise been 
 separated from any employment, has ever been 
 disciplined by an employer, or has ever had an 
 employment contract not renewed due to an 
 adjudication or finding of sexual misconduct or 
 while an allegation of sexual misconduct was 
 pending or under investigation, unless the 
 investigation resulted in a finding that the 
 allegation was false, unfounded, or 
 unsubstantiated; or
    (iii) has ever had a license or certificate 
 suspended, surrendered, or revoked or had an 
 application for licensure, approval, or 
 endorsement denied due to an adjudication or 
 finding of sexual misconduct or while an 
 allegation of sexual misconduct was pending or 
 under investigation, unless the investigation 
 resulted in a finding that the allegation was 
 false, unfounded, or unsubstantiated.
  (4) The school or contractor shall initiate a review 
 of the employment history of the applicant by contacting 
 those employers listed by the applicant under subparagraph 
 (A) of paragraph (3) of this subsection (c) and, using the 
 template developed by the State Board of Education, 
 request all of the following information:
   (A) the dates of employment of the applicant;
   (B) a statement as to whether the applicant:
    (i) has been the subject of a sexual 
 misconduct allegation, unless a subsequent 
 investigation resulted in a finding that the 
 allegation was false, unfounded, or 
 unsubstantiated;
    (ii) was discharged from, was asked to resign 
 from, resigned from, or was otherwise separated 
 from any employment, was disciplined by the 
 employer, or had an employment contract not 
 renewed due to an adjudication or finding of 
 sexual misconduct or while an allegation of sexual 
 misconduct was pending or under investigation, 
 unless the investigation resulted in a finding 
 that the allegation was false, unfounded, or 
 unsubstantiated; or
    (iii) has ever had a license or certificate 
 suspended, surrendered, or revoked due to an 
 adjudication or finding of sexual misconduct or 
 while an allegation of sexual misconduct was 
 pending or under investigation, unless the 
 investigation resulted in a finding that the 
 allegation was false, unfounded, or 
 unsubstantiated.
   (C) The template shall include the following 
 option: if the employer does not have records or 
 evidence regarding the questions in items (i) through 
 (iii) of subparagraph (B) of paragraph (4) of 
 subsection (c), the employer may state that there is 
 no knowledge of information pertaining to the 
 applicant that would disqualify the applicant from 
 employment.
  (5) For applicants licensed by the State Board of 
 Education, the school district, charter school, or 
 nonpublic school shall verify the applicant's reported 
 previous employers with previous employers in the State 
 Board of Education's educator licensure database to ensure 
 accuracy.
 (d) An applicant who provides false information or 
willfully fails to disclose information required in subsection 
(c) shall be subject to discipline, up to and including 
termination or denial of employment.
 (e) No later than 20 days after receiving a request for 
information required under paragraph (4) of subsection (c), an 
employer who has or had an employment relationship with the 
applicant shall disclose the information requested. If the 
employer has an office of human resources or a central office, 
information shall be provided by that office. The employer who 
has or had an employment relationship with the
applicant shall 
disclose the information on the template developed by the 
State Board of Education. For any affirmative response to 
items (i) through (iii) of subparagraph (B) of paragraph (4) 
or subsection (c), the employer who has or had an employment 
relationship with the
applicant shall provide additional 
information about the matters disclosed and all related 
records.
 A school shall complete the template at time of separation 
from employment, or at the request of the employee, and 
maintain it as part of the employee's personnel file. If the 
school completes an investigation after an employee's 
separation from employment, the school shall update the 
information accordingly.
 Information received under this Section shall not be 
deemed a public record.
 A school or contractor who receives information under this 
subsection (e) may use the information for the purpose of 
evaluating an applicant's fitness to be hired or for continued 
employment and may report the information, as appropriate, to 
the State Board of Education, a State licensing agency, a law 
enforcement agency, a child protective services agency, 
another school or contractor, or a prospective employer.
 An employer, school, school administrator, or contractor 
who provides information or records about a current or former 
employee or applicant under this Section is immune from 
criminal and civil liability for the disclosure of the 
information or records, unless the information or records 
provided were knowingly false. This immunity shall be in 
addition to and not a limitation on any other immunity 
provided by law or any absolute or conditional privileges 
applicable to the disclosure by virtue of the circumstances or 
the applicant's consent to the disclosure and shall extent to 
any circumstances when the employer, school, school 
administrator, or contractor in good faith shares findings of 
sexual misconduct with another employer.
 Unless the laws of another state prevent the release of 
the information or records requested or disclosure is 
restricted by the terms of a contract entered into prior to the 
effective date of this amendatory Act of the 102nd General 
Assembly, and notwithstanding any other provisions of law to 
the contrary, an employer, school, school administrator, 
contractor, or applicant shall report and disclose, in 
accordance with this Section, all relevant information, 
records, and documentation that may otherwise be confidential.
 (f) A school or contractor may not hire an applicant who 
does not provide the information required under subsection (c) 
for a position involving direct contact with children or 
students.
 (g) Beginning on the effective date of this amendatory Act 
of the 102nd General Assembly, a school or contractor may not 
enter into a collective bargaining agreement, an employment 
contract, an agreement for resignation or termination, a 
severance agreement, or any other contract or agreement or 
take any action that:
  (1) has the effect of suppressing information 
 concerning a pending investigation or a completed 
 investigation in which an allegation was substantiated 
 related to a report of suspected sexual misconduct by a 
 current or former employee;
  (2) affects the ability of the school or contractor to 
 report suspected sexual misconduct to the appropriate 
 authorities; or
  (3) requires the school or contractor to expunge 
 information about allegations or findings of suspected 
 sexual misconduct from any documents maintained by the 
 school or contractor, unless, after an investigation, an 
 allegation is found to be false, unfounded, or 
 unsubstantiated.
 (h) Any provision of an employment contract or agreement 
for resignation or termination or a severance agreement that 
is executed, amended, or entered into on or after the 
effective date of this amendatory Act of the 102nd General 
Assembly and that is contrary to this Section is void and 
unenforceable.
 (i) For substitute employees, all of the following apply:
  (1) The employment history review required by this 
 Section is required only prior to the initial hiring of a 
 substitute employee or placement on a school's approved 
 substitute list and shall remain valid as long as the 
 substitute employee continues to be employed by the same 
 school or remains on the school's approved substitute 
 list.
  (2) A substitute employee seeking to be added to 
 another school's substitute list shall undergo an 
 additional employment history review under this Section. 
 Except as otherwise provided in paragraph (3) of this 
 subsection (i) or in subsection (k), the appearance of a 
 substitute employee on one school's substitute list does 
 not relieve another school from compliance with this 
 Section.
  (3) An employment history review conducted upon 
 initial hiring of a substitute employee by contractor or 
 any other entity that furnishes substitute staffing 
 services to schools shall satisfy the requirements of this 
 Section for all schools using the services of that 
 contractor or other entity.
  (4) A contractor or any other entity furnishing 
 substitute staffing services to schools shall comply with 
 paragraphs (3) and (4) of subsection (j).
 (j) For employees of contractors, all of the following 
apply:
  (1) The employment history review required by this 
 Section shall be performed, either at the time of the 
 initial hiring of an employee or prior to the assignment 
 of an existing employee to perform work for a school in a 
 position involving direct contact with children or 
 students. The review shall remain valid as long as the 
 employee remains employed by the same contractor, even if 
 assigned to perform work for other schools.
  (2) A contractor shall maintain records documenting 
 employment history reviews for all employees as required 
 by this Section and, upon request, shall provide a school 
 for whom an employee is assigned to perform work access to 
 the records pertaining to that employee.
  (3) Prior to assigning an employee to perform work for 
 a school in a position involving direct contact with 
 children or students, the contractor shall inform the 
 school of any instance known to the contractor in which 
 the employee:
   (A) has been the subject of a sexual misconduct 
 allegation unless a subsequent investigation resulted 
 in a finding that the allegation was false, unfounded, 
 or unsubstantiated;
   (B) has ever been discharged, been asked to resign 
 from, resigned from, or otherwise been separated from 
 any employment, been removed from a substitute list, 
 been disciplined by an employer, or had an employment 
 contract not renewed due to an adjudication or finding 
 of sexual misconduct or while an allegation of sexual 
 misconduct was pending or under investigation, unless 
 the investigation resulted in a finding that the 
 allegation was false, unfounded, or unsubstantiated; 
 or
   (C) has ever had a license or certificate 
 suspended, surrendered, or revoked due to an 
 adjudication or finding of sexual misconduct or while 
 an allegation of sexual misconduct was pending or 
 under investigation, unless the investigation resulted 
 in a finding that the allegation was false, unfounded, 
 or unsubstantiated.
  (4) The contractor may not assign an employee to 
 perform work for a school in a position involving direct 
 contact with children or students if the school objects to 
 the assignment after being informed of an instance listed 
 in paragraph (3).
 (k) An applicant who has undergone an employment history 
review under this Section and seeks to transfer to or provide 
services to another school in the same school district, 
diocese, or religious jurisdiction, or to another school 
established and supervised by the same organization is not 
required to obtain additional reports under this Section 
before transferring.
 (l) Nothing in this Section shall be construed:
  (1) to prevent a prospective employer from conducting 
 further investigations of prospective employees or from 
 requiring applicants to provide additional background 
 information or authorizations beyond what is required 
 under this Section, nor to prevent a current or former 
 employer from disclosing more information than what is 
 required under this Section;
  (2) to relieve a school, school employee, contractor 
 of the school, or agent of the school from any legal 
 responsibility to report sexual misconduct in accordance 
 with State and federal reporting requirements;
  (3) to relieve a school, school employee, contractor 
 of the school, or agent of the school from any legal 
 responsibility to implement the provisions of Section 7926 
 of Chapter 20 of the United States Code; or
  (4) to prohibit the right of the exclusive bargaining 
 representative under a collective bargaining agreement to 
 grieve and arbitrate the validity of an employee's 
 termination or discipline for just cause.
 (m) The State Board of Education shall develop the 
templates required under paragraphs (3) and (4) of subsection 
(c).

 (105 ILCS 5/26A-30)
 (This Section may contain text from a Public Act with a 
delayed effective date)
 Sec. 26A-30. Confidentiality.
 (a) Each school district must adopt and ensure that it has 
and implements a policy
to ensure that all information 
concerning a
student's status and related experiences as a 
parent, expectant parent, or victim of domestic or sexual 
violence, or a student who is a named perpetrator of domestic 
or sexual violence, provided to or otherwise obtained by the 
school district or its employees or agents pursuant to this 
Code or otherwise, including a statement of the student or any 
other documentation, record, or corroborating evidence that 
the student has requested or obtained assistance, support, or 
services pursuant to this Code, shall be retained in the 
strictest of confidence by the school district or its 
employees or agents and may not be disclosed to any other 
individual outside of the district, including any other 
employee, except if such disclosure is (i) permitted by the 
Illinois School Student Records Act, the federal Family 
Educational Rights and Privacy Act of 1974, or other 
applicable State or federal laws, or (ii) requested or 
consented to, in writing, by the student or the student's 
parent or guardian if it is safe to obtain written consent from 
the student's parent or guardian.
 (b) Prior to disclosing information about a student's 
status as a parent, expectant parent, or victim of domestic or 
sexual violence, a school must notify the student and discuss 
and address any safety concerns related to the disclosure, 
including instances in which the student indicates or the

school or school district or its employees or agents are 
otherwise aware that the student's health or safety may be at 
risk if his or her status is disclosed to the student's parent 
or guardian, except as otherwise permitted by applicable State 
or federal law, including the Abused and Neglected Child 
Reporting Act, the Illinois School Student Records Act, the 
federal Family Educational Rights and Privacy Act of 1974, and 
professional ethics policies that govern professional school 
personnel.
 (c) No student may be required to testify publicly 
concerning his or her status as a victim of domestic or sexual 
violence, allegations of domestic or sexual violence, his or 
her status as a parent or expectant parent, or the student's 
efforts to enforce any of his or her rights under provisions of 
this Code relating to students who are parents, expectant

parents, or victims of domestic or sexual violence.
 (d) In the case of domestic or sexual violence, except as 
permitted under State or federal law, or to the extent that a 
school official determines that the school official has an 
obligation to do so based on safety concerns or threats to the 
community, including the victim, a school district must not 
contact the person named to be the perpetrator, the 
perpetrator's family, or any other person named by the student 
or named by the student's parent or guardian to be unsafe to 
contact to verify the violence. A school district must not 
contact the perpetrator, the perpetrator's family, or any

other person named by the student or the student's parent or 
guardian to be unsafe for any other reason without providing 
prior written notice to the student's parent or guardian. 
Nothing in this Section prohibits the school or school 
district from taking other steps to investigate the violence 
or from contacting persons not named by the student or the 
student's parent or guardian as unsafe to contact. Nothing in 
this Section prohibits the school or school district from 
taking reasonable steps to protect students. If the reasonable 
steps taken to protect students involve conduct that is 
prohibited under this subsection, the school must provide 
notice to the reporting student, in writing and in a 
developmentally appropriate communication format, of its 
intent to contact the parties named to be unsafe.

 (e) This Section shall not apply to notification of 
parents or guardians if the perpetrator of the alleged sexual 
misconduct is an employee, agent, or contractor of a school 
district, charter school, or nonpublic school with direct 
contact with children or students. 
(Source: P.A. 102-466, eff. 7-1-25.)



 (105 ILCS 5/27A-5)


 (Text of Section before amendment by P.A. 102-157 and P.A. 
102-466)
 Sec. 27A-5. Charter school; legal entity; requirements. 

 (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school. A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

 (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.

Beginning on April 16, 2003 (the effective date of Public Act 
93-3), in all new
applications to establish
a charter
school 
in a city having a population exceeding 500,000, operation of 
the
charter
school shall be limited to one campus. The changes 
made to this Section by Public Act 93-3 do not apply to charter 
schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).
 (b-5) In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
 From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code. This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.

 (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter. The governing body of a charter 
school
shall be subject to the Freedom of Information Act and 
the Open Meetings Act. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
 (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

 (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of students and 
school personnel. "Non-curricular health and safety 
requirement" does not include any course of study or 
specialized instructional requirement for which the State 
Board has established goals and learning standards or which is 
designed primarily to impart knowledge and skills for students 
to master and apply as an outcome of their education.
 A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet. The list shall 
be updated annually no later than September 1. Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter. Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

 (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

 (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs, including,
but 
not limited to, the preparation of its budget. An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
To ensure financial accountability for the use of public 
funds, on or before December 1 of every year of operation, each 
charter school shall submit to its authorizer and the State 
Board a copy of its audit and a copy of the Form 990 the 
charter school filed that year with the federal Internal 
Revenue Service. In addition, if deemed necessary for proper 
financial oversight of the charter school, an authorizer may 
require quarterly financial statements from each charter 
school. 

 (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, 
all federal and State laws and rules applicable to public 
schools that pertain to special education and the instruction 
of English learners, and
its charter. A charter
school is 
exempt from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

  (1) Sections 10-21.9 and 34-18.5 of this Code 
 regarding criminal
history records checks and checks of 
 the Statewide Sex Offender Database and Statewide Murderer 
 and Violent Offender Against Youth Database of applicants 
 for employment;

  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
 34-84a of this Code regarding discipline of
students;

  (3) the Local Governmental and Governmental Employees 
 Tort Immunity Act;

  (4) Section 108.75 of the General Not For Profit 
 Corporation Act of 1986
regarding indemnification of 
 officers, directors, employees, and agents;

  (5) the Abused and Neglected Child Reporting Act;

  (5.5) subsection (b) of Section 10-23.12 and 
 subsection (b) of Section 34-18.6 of this Code;
  (6) the Illinois School Student Records Act;

  (7) Section 10-17a of this Code regarding school 
 report cards;

  (8) the P-20 Longitudinal Education Data System Act;
  (9) Section 27-23.7 of this Code regarding bullying 
 prevention;
  (10) Section 2-3.162 of this Code regarding student 
 discipline reporting;
  (11) Sections 22-80 and 27-8.1 of this Code;
  (12) Sections 10-20.60 and 34-18.53 of this Code;
  (13) Sections 10-20.63 and 34-18.56 of this Code;
  (14) Section 26-18 of this Code;
  (15) Section 22-30 of this Code; 
  (16) Sections 24-12 and 34-85 of this Code; and
  (17) the Seizure Smart School Act;
  (18) Section 2-3.64a-10 of this Code; and
  (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
  (20) (19) Section 10-22.25b of this Code; .
  (21) (19) Section 27-9.1a of this Code;
  (22) (20) Section 27-9.1b of this Code; and 
  (23) (21) Section 34-18.8 of this Code; and . 
  (25) Section 22-85.10 of this Code. 
 The change made by Public Act 96-104 to this subsection 
(g) is declaratory of existing law.
 (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required 
to perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after 
April 16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection 
(i) of this Section, a school district may
charge a charter 
school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a 
charter school
contracts
with a school district shall be 
provided by the district at cost. Any services
for which a 
charter school contracts with a local school board or with the

governing body of a State college or university or public 
community college
shall be provided by the public entity at 
cost.

 (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities. However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be 
subject
to negotiation between
the charter school and the 
local school board and shall be set forth in the
charter.

 (j) A charter school may limit student enrollment by age 
or grade level.

 (k) If the charter school is approved by the State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360, 
eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21; 
102-558, eff. 8-20-21; revised 10-5-21.)

 (Text of Section after amendment by P.A. 102-157 but 
before amendment by P.A. 102-466)

 Sec. 27A-5. Charter school; legal entity; requirements. 

 (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school. A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

 (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.

Beginning on April 16, 2003 (the effective date of Public Act 
93-3), in all new
applications to establish
a charter
school 
in a city having a population exceeding 500,000, operation of 
the
charter
school shall be limited to one campus. The changes 
made to this Section by Public Act 93-3 do not apply to charter 
schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).
 (b-5) In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
 From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code. This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.

 (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter. The governing body of a charter 
school
shall be subject to the Freedom of Information Act and 
the Open Meetings Act. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
 (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

 (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of students and 
school personnel. "Non-curricular health and safety 
requirement" does not include any course of study or 
specialized instructional requirement for which the State 
Board has established goals and learning standards or which is 
designed primarily to impart knowledge and skills for students 
to master and apply as an outcome of their education.
 A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet. The list shall 
be updated annually no later than September 1. Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter. Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

 (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

 (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs, including,
but 
not limited to, the preparation of its budget. An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
To ensure financial accountability for the use of public 
funds, on or before December 1 of every year of operation, each 
charter school shall submit to its authorizer and the State 
Board a copy of its audit and a copy of the Form 990 the 
charter school filed that year with the federal Internal 
Revenue Service. In addition, if deemed necessary for proper 
financial oversight of the charter school, an authorizer may 
require quarterly financial statements from each charter 
school. 

 (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, 
all federal and State laws and rules applicable to public 
schools that pertain to special education and the instruction 
of English learners, and
its charter. A charter
school is 
exempt from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

  (1) Sections 10-21.9 and 34-18.5 of this Code 
 regarding criminal
history records checks and checks of 
 the Statewide Sex Offender Database and Statewide Murderer 
 and Violent Offender Against Youth Database of applicants 
 for employment;

  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
 34-84a of this Code regarding discipline of
students;

  (3) the Local Governmental and Governmental Employees 
 Tort Immunity Act;

  (4) Section 108.75 of the General Not For Profit 
 Corporation Act of 1986
regarding indemnification of 
 officers, directors, employees, and agents;

  (5) the Abused and Neglected Child Reporting Act;

  (5.5) subsection (b) of Section 10-23.12 and 
 subsection (b) of Section 34-18.6 of this Code;
  (6) the Illinois School Student Records Act;

  (7) Section 10-17a of this Code regarding school 
 report cards;

  (8) the P-20 Longitudinal Education Data System Act;
  (9) Section 27-23.7 of this Code regarding bullying 
 prevention;
  (10) Section 2-3.162 of this Code regarding student 
 discipline reporting;
  (11) Sections 22-80 and 27-8.1 of this Code;
  (12) Sections 10-20.60 and 34-18.53 of this Code;
  (13) Sections 10-20.63 and 34-18.56 of this Code;
  (14) Sections 22-90 and 26-18 of this Code;
  (15) Section 22-30 of this Code; 
  (16) Sections 24-12 and 34-85 of this Code; and
  (17) the Seizure Smart School Act;
  (18) Section 2-3.64a-10 of this Code; and
  (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
  (20) (19) Section 10-22.25b of this Code; .
  (21) (19) Section 27-9.1a of this Code;
  (22) (20) Section 27-9.1b of this Code; and 
  (23) (21) Section 34-18.8 of this Code; and . 
  (25) Section 22-85.10 of this Code.
 The change made by Public Act 96-104 to this subsection 
(g) is declaratory of existing law.
 (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required 
to perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after 
April 16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection 
(i) of this Section, a school district may
charge a charter 
school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a 
charter school
contracts
with a school district shall be 
provided by the district at cost. Any services
for which a 
charter school contracts with a local school board or with the

governing body of a State college or university or public 
community college
shall be provided by the public entity at 
cost.

 (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities. However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be 
subject
to negotiation between
the charter school and the 
local school board and shall be set forth in the
charter.

 (j) A charter school may limit student enrollment by age 
or grade level.

 (k) If the charter school is approved by the State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
102-522, eff. 8-20-21; 102-558, eff. 8-20-21; revised 
10-5-21.)

 (Text of Section after amendment by P.A. 102-466)
 Sec. 27A-5. Charter school; legal entity; requirements. 

 (a) A charter school shall be a public, nonsectarian, 
nonreligious, non-home
based, and non-profit school. A charter 
school shall be organized and operated
as a nonprofit 
corporation or other discrete, legal, nonprofit entity

authorized under the laws of the State of Illinois.

 (b) A charter school may be established under this Article 
by creating a new
school or by converting an existing public 
school or attendance center to
charter
school status.

Beginning on April 16, 2003 (the effective date of Public Act 
93-3), in all new
applications to establish
a charter
school 
in a city having a population exceeding 500,000, operation of 
the
charter
school shall be limited to one campus. The changes 
made to this Section by Public Act 93-3 do not apply to charter 
schools existing or approved on or before April 16, 2003 (the

effective date of Public Act 93-3).
 (b-5) In this subsection (b-5), "virtual-schooling" means 
a cyber school where students engage in online curriculum and 
instruction via the Internet and electronic communication with 
their teachers at remote locations and with students 
participating at different times. 
 From April 1, 2013 through December 31, 2016, there is a 
moratorium on the establishment of charter schools with 
virtual-schooling components in school districts other than a 
school district organized under Article 34 of this Code. This 
moratorium does not apply to a charter school with 
virtual-schooling components existing or approved prior to 
April 1, 2013 or to the renewal of the charter of a charter 
school with virtual-schooling components already approved 
prior to April 1, 2013.

 (c) A charter school shall be administered and governed by 
its board of
directors or other governing body
in the manner 
provided in its charter. The governing body of a charter 
school
shall be subject to the Freedom of Information Act and 
the Open Meetings Act. No later than January 1, 2021 (one year 
after the effective date of Public Act 101-291), a charter 
school's board of directors or other governing body must 
include at least one parent or guardian of a pupil currently 
enrolled in the charter school who may be selected through the 
charter school or a charter network election, appointment by 
the charter school's board of directors or other governing 
body, or by the charter school's Parent Teacher Organization 
or its equivalent. 
 (c-5) No later than January 1, 2021 (one year after the 
effective date of Public Act 101-291) or within the first year 
of his or her first term, every voting member of a charter 
school's board of directors or other governing body shall 
complete a minimum of 4 hours of professional development 
leadership training to ensure that each member has sufficient 
familiarity with the board's or governing body's role and 
responsibilities, including financial oversight and 
accountability of the school, evaluating the principal's and 
school's performance, adherence to the Freedom of Information 
Act and the Open Meetings Act, and compliance with education 
and labor law. In each subsequent year of his or her term, a 
voting member of a charter school's board of directors or 
other governing body shall complete a minimum of 2 hours of 
professional development training in these same areas. The 
training under this subsection may be provided or certified by 
a statewide charter school membership association or may be 
provided or certified by other qualified providers approved by 
the State Board of Education. 

 (d) For purposes of this subsection (d), "non-curricular 
health and safety requirement" means any health and safety 
requirement created by statute or rule to provide, maintain, 
preserve, or safeguard safe or healthful conditions for 
students and school personnel or to eliminate, reduce, or 
prevent threats to the health and safety of students and 
school personnel. "Non-curricular health and safety 
requirement" does not include any course of study or 
specialized instructional requirement for which the State 
Board has established goals and learning standards or which is 
designed primarily to impart knowledge and skills for students 
to master and apply as an outcome of their education.
 A charter school shall comply with all non-curricular 
health and safety
requirements applicable to public schools 
under the laws of the State of
Illinois. On or before September 
1, 2015, the State Board shall promulgate and post on its 
Internet website a list of non-curricular health and safety 
requirements that a charter school must meet. The list shall 
be updated annually no later than September 1. Any charter 
contract between a charter school and its authorizer must 
contain a provision that requires the charter school to follow 
the list of all non-curricular health and safety requirements 
promulgated by the State Board and any non-curricular health 
and safety requirements added by the State Board to such list 
during the term of the charter. Nothing in this subsection (d) 
precludes an authorizer from including non-curricular health 
and safety requirements in a charter school contract that are 
not contained in the list promulgated by the State Board, 
including non-curricular health and safety requirements of the 
authorizing local school board. 

 (e) Except as otherwise provided in the School Code, a 
charter school shall
not charge tuition; provided that a 
charter school may charge reasonable fees
for textbooks, 
instructional materials, and student activities.

 (f) A charter school shall be responsible for the 
management and operation
of its fiscal affairs, including,
but 
not limited to, the preparation of its budget. An audit of each 
charter
school's finances shall be conducted annually by an 
outside, independent
contractor retained by the charter 
school. The contractor shall not be an employee of the charter 
school or affiliated with the charter school or its authorizer 
in any way, other than to audit the charter school's finances. 
To ensure financial accountability for the use of public 
funds, on or before December 1 of every year of operation, each 
charter school shall submit to its authorizer and the State 
Board a copy of its audit and a copy of the Form 990 the 
charter school filed that year with the federal Internal 
Revenue Service. In addition, if deemed necessary for proper 
financial oversight of the charter school, an authorizer may 
require quarterly financial statements from each charter 
school. 

 (g) A charter school shall comply with all provisions of 
this Article, the Illinois Educational Labor Relations Act, 
all federal and State laws and rules applicable to public 
schools that pertain to special education and the instruction 
of English learners, and
its charter. A charter
school is 
exempt from all other State laws and regulations in this Code

governing public
schools and local school board policies; 
however, a charter school is not exempt from the following:

  (1) Sections 10-21.9 and 34-18.5 of this Code 
 regarding criminal
history records checks and checks of 
 the Statewide Sex Offender Database and Statewide Murderer 
 and Violent Offender Against Youth Database of applicants 
 for employment;

  (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 
 34-84a of this Code regarding discipline of
students;

  (3) the Local Governmental and Governmental Employees 
 Tort Immunity Act;

  (4) Section 108.75 of the General Not For Profit 
 Corporation Act of 1986
regarding indemnification of 
 officers, directors, employees, and agents;

  (5) the Abused and Neglected Child Reporting Act;

  (5.5) subsection (b) of Section 10-23.12 and 
 subsection (b) of Section 34-18.6 of this Code;
  (6) the Illinois School Student Records Act;

  (7) Section 10-17a of this Code regarding school 
 report cards;

  (8) the P-20 Longitudinal Education Data System Act;
  (9) Section 27-23.7 of this Code regarding bullying 
 prevention;
  (10) Section 2-3.162 of this Code regarding student 
 discipline reporting;
  (11) Sections 22-80 and 27-8.1 of this Code;
  (12) Sections 10-20.60 and 34-18.53 of this Code;
  (13) Sections 10-20.63 and 34-18.56 of this Code;
  (14) Sections 22-90 and 26-18 of this Code;
  (15) Section 22-30 of this Code; 
  (16) Sections 24-12 and 34-85 of this Code; and
  (17) the Seizure Smart School Act;
  (18) Section 2-3.64a-10 of this Code; and
  (19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
  (20) (19) Section 10-22.25b of this Code; .
  (21) (19) Section 27-9.1a of this Code;
  (22) (20) Section 27-9.1b of this Code; and 
  (23) (21) Section 34-18.8 of this Code; . 
  (24) (19) Article 26A of this Code; and . 
  (25) Section 22-85.10 of this Code. 
 The change made by Public Act 96-104 to this subsection 
(g) is declaratory of existing law.
 (h) A charter school may negotiate and contract with a 
school district, the
governing body of a State college or 
university or public community college, or
any other public or 
for-profit or nonprofit private entity for: (i) the use
of a 
school building and grounds or any other real property or 
facilities that
the charter school desires to use or convert 
for use as a charter school site,
(ii) the operation and 
maintenance thereof, and
(iii) the provision of any service, 
activity, or undertaking that the charter
school is required 
to perform in order to carry out the terms of its charter.

However, a charter school
that is established on
or
after 
April 16, 2003 (the effective date of Public Act 93-3) and that 
operates
in a city having a population exceeding
500,000 may 
not contract with a for-profit entity to
manage or operate the 
school during the period that commences on April 16, 2003 (the

effective date of Public Act 93-3) and
concludes at the end of 
the 2004-2005 school year.
Except as provided in subsection 
(i) of this Section, a school district may
charge a charter 
school reasonable rent for the use of the district's

buildings, grounds, and facilities. Any services for which a 
charter school
contracts
with a school district shall be 
provided by the district at cost. Any services
for which a 
charter school contracts with a local school board or with the

governing body of a State college or university or public 
community college
shall be provided by the public entity at 
cost.

 (i) In no event shall a charter school that is established 
by converting an
existing school or attendance center to 
charter school status be required to
pay rent for space
that is 
deemed available, as negotiated and provided in the charter 
agreement,
in school district
facilities. However, all other 
costs for the operation and maintenance of
school district 
facilities that are used by the charter school shall be 
subject
to negotiation between
the charter school and the 
local school board and shall be set forth in the
charter.

 (j) A charter school may limit student enrollment by age 
or grade level.

 (k) If the charter school is approved by the State Board or 
Commission, then the charter school is its own local education 
agency. 
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157, 
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21; 
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff. 
8-20-21; revised 10-5-21.)

 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
 Sec. 34-18.5. Criminal history records checks and checks 
of the Statewide Sex Offender Database and Statewide Murderer 
and Violent Offender Against Youth Database.
 (a) Licensed and nonlicensed applicants for
employment 
with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history 
records check to determine if such applicants
have been 
convicted of any disqualifying, enumerated criminal or drug 
offense in
subsection (c) of this Section or have been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State. 
Authorization
for
the
check shall
be furnished by the 
applicant to the school district, except that if the
applicant 
is a substitute teacher seeking employment in more than one

school district, or a teacher seeking concurrent part-time 
employment
positions with more than one school district (as a 
reading specialist,
special education teacher or otherwise), 
or an educational support
personnel employee seeking 
employment positions with more than one
district, any such 
district may require the applicant to furnish
authorization 
for
the check to the regional superintendent of the

educational service region in which are located the school 
districts in
which the applicant is seeking employment as a 
substitute or concurrent
part-time teacher or concurrent 
educational support personnel employee.
Upon receipt of this 
authorization, the school district or the appropriate
regional 
superintendent, as the case may be, shall submit the 
applicant's
name, sex, race, date of birth, social security 
number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The regional
superintendent submitting the requisite 
information to the Illinois
State Police shall promptly notify 
the school districts in which the
applicant is seeking 
employment as a substitute or concurrent part-time
teacher or 
concurrent educational support personnel employee that
the

check of the applicant has been requested. The Illinois State

Police and the Federal Bureau of Investigation shall furnish, 
pursuant to a fingerprint-based criminal history records 
check, records of convictions, forever and hereinafter, until 
expunged, to the president of the school board for the school 
district that requested the check, or to the regional 
superintendent who requested the check. The Illinois State 
Police
shall charge
the school district
or the appropriate 
regional superintendent a fee for
conducting
such check, which 
fee shall be deposited in the State
Police Services Fund and 
shall not exceed the cost of the inquiry; and the
applicant 
shall not be charged a fee for
such check by the school

district or by the regional superintendent. Subject to 
appropriations for these purposes, the State Superintendent of 
Education shall reimburse the school district and regional 
superintendent for fees paid to obtain criminal history 
records checks under this Section.
 (a-5) The school district or regional superintendent shall 
further perform a check of the Statewide Sex Offender 
Database, as authorized by the Sex Offender Community 
Notification Law, for each applicant. The check of the 
Statewide Sex Offender Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (a-6) The school district or regional superintendent shall 
further perform a check of the Statewide Murderer and Violent 
Offender Against Youth Database, as authorized by the Murderer 
and Violent Offender Against Youth Community Notification Law, 
for each applicant. The check of the Murderer and Violent 
Offender Against Youth Database must be conducted by the 
school district or regional superintendent once for every 5 
years that an applicant remains employed by the school 
district. 
 (b) Any
information concerning the record of convictions 
obtained by the president
of the board of education or the 
regional superintendent shall be
confidential and may only be 
transmitted to the general superintendent of
the school 
district or his designee, the appropriate regional

superintendent if
the check was requested by the board of 
education
for the school district, the presidents of the 
appropriate board of
education or school boards if
the check 
was requested from the Illinois
State Police by the regional 
superintendent, the State Board of Education and the school 
district as authorized under subsection (b-5), the State

Superintendent of Education, the State Educator Preparation 
and Licensure Board or any
other person necessary to the 
decision of hiring the applicant for
employment. A copy of the 
record of convictions obtained from the Illinois
State Police 
shall be provided to the applicant for
employment. Upon the 
check of the Statewide Sex Offender Database or Statewide 
Murderer and Violent Offender Against Youth Database, the 
school district or regional superintendent shall notify an 
applicant as to whether or not the applicant has been 
identified in the Database. If a check of an applicant for 
employment as a
substitute or concurrent part-time teacher or 
concurrent educational
support personnel employee in more than 
one school district was requested
by the regional 
superintendent, and the Illinois State Police upon
a check 
ascertains that the applicant has not been convicted of any
of 
the enumerated criminal or drug offenses in subsection (c) of 
this Section
or has not been
convicted,
within 7 years of the 
application for employment with the
school district, of any 
other felony under the laws of this State or of any
offense 
committed or attempted in any other state or against the laws 
of
the United States that, if committed or attempted in this 
State, would
have been punishable as a felony under the laws of 
this State and so
notifies the regional superintendent and if 
the regional superintendent upon a check ascertains that the 
applicant has not been identified in the Sex Offender Database 
or Statewide Murderer and Violent Offender Against Youth 
Database, then the regional superintendent
shall issue to the 
applicant a certificate evidencing that as of the date

specified by the Illinois State Police the applicant has not 
been
convicted of any of the enumerated criminal or drug 
offenses in subsection
(c) of this Section
or has not been

convicted, within 7 years of the application for employment 
with the
school district, of any other felony under the laws of 
this State or of any
offense committed or attempted in any 
other state or against the laws of
the United States that, if 
committed or attempted in this State, would
have been 
punishable as a felony under the laws of this State and 
evidencing that as of the date that the regional 
superintendent conducted a check of the Statewide Sex Offender 
Database or Statewide Murderer and Violent Offender Against 
Youth Database, the applicant has not been identified in the 
Database. The school
board of any school district may rely on 
the certificate issued by any regional
superintendent to that 
substitute teacher, concurrent part-time teacher, or 
concurrent educational support personnel employee
or may 
initiate its own criminal history records check of
the 
applicant through the Illinois State Police and its own check 
of the Statewide Sex Offender Database or Statewide Murderer 
and Violent Offender Against Youth Database as provided in

this Section. Any unauthorized release of confidential 
information may be a violation of Section 7 of the Criminal 
Identification Act.
 (b-5) If a criminal history records check or check of the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database is performed by a 
regional superintendent for an applicant seeking employment as 
a substitute teacher with the school district, the regional 
superintendent may disclose to the State Board of Education 
whether the applicant has been issued a certificate under 
subsection (b) based on those checks. If the State Board 
receives information on an applicant under this subsection, 
then it must indicate in the Educator Licensure Information 
System for a 90-day period that the applicant has been issued 
or has not been issued a certificate. 
 (c) The board of education shall not knowingly employ a 
person who has
been convicted of any offense that would 
subject him or her to license suspension or revocation 
pursuant to Section 21B-80 of this Code, except as provided 
under subsection (b) of 21B-80.
Further, the board of 
education shall not knowingly employ a person who has
been 
found to be the perpetrator of sexual or physical abuse of any 
minor under
18 years of age pursuant to proceedings under 
Article II of the Juvenile Court
Act of 1987. As a condition of 
employment, the board of education must consider the status of 
a person who has been issued an indicated finding of abuse or 
neglect of a child by the Department of Children and Family 
Services under the Abused and Neglected Child Reporting Act or 
by a child welfare agency of another jurisdiction.
 (d) The board of education shall not knowingly employ a 
person for whom
a criminal history records check and a 
Statewide Sex Offender Database check have not been initiated.
 (e) Within 10 days after the general superintendent of 
schools, a regional office of education, or an entity that 
provides background checks of license holders to public 
schools receives information of a pending criminal charge 
against a license holder for an offense set forth in Section 
21B-80 of this Code, the superintendent, regional office of 
education, or entity must notify the State Superintendent of 
Education of the pending criminal charge. 
 No later than 15 business days after receipt of a record of 
conviction or of checking the Statewide Murderer and Violent 
Offender Against Youth Database or the Statewide Sex Offender 
Database and finding a registration, the general 
superintendent of schools or the applicable regional 
superintendent shall, in writing, notify the State 
Superintendent of Education of any license holder who has been 
convicted of a crime set forth in Section 21B-80 of this Code. 
Upon receipt of the record of a conviction of or a finding of 
child
abuse by a holder of any license
issued pursuant to 
Article 21B or Section 34-8.1 or 34-83 of this Code, the State 
Superintendent of
Education may initiate licensure suspension 
and revocation
proceedings as authorized by law. If the 
receipt of the record of conviction or finding of child abuse 
is received within 6 months after the initial grant of or 
renewal of a license, the State Superintendent of Education 
may rescind the license holder's license.
 (e-5) The general superintendent of schools shall, in 
writing, notify the State Superintendent of Education of any 
license holder whom he or she has reasonable cause to believe 
has committed (i) an intentional act of abuse or neglect with 
the result of making a child an abused child or a neglected 
child, as defined in Section 3 of the Abused and Neglected 
Child Reporting Act or (ii) an act of sexual misconduct, as 
defined in Section 22-85.5 of this Code, and that act resulted 
in the license holder's dismissal or resignation from the 
school district and must include the Illinois Educator 
Identification Number (IEIN) of the license holder and a brief 
description of the misconduct alleged. This notification must 
be submitted within 30 days after the dismissal or 
resignation. The license holder must also be contemporaneously 
sent a copy of the notice by the superintendent. All 
correspondence, documentation, and other information so 
received by the State Superintendent of Education, the State 
Board of Education, or the State Educator Preparation and 
Licensure Board under this subsection (e-5) is confidential 
and must not be disclosed to third parties, except (i) as 
necessary for the State Superintendent of Education or his or 
her designee to investigate and prosecute pursuant to Article 
21B of this Code, (ii) pursuant to a court order, (iii) for 
disclosure to the license holder or his or her representative, 
or (iv) as otherwise provided in this Article and provided 
that any such information admitted into evidence in a hearing 
is exempt from this confidentiality and non-disclosure 
requirement. Except for an act of willful or wanton 
misconduct, any superintendent who provides notification as 
required in this subsection (e-5) shall have immunity from any 
liability, whether civil or criminal or that otherwise might 
result by reason of such action.
 (f) After March 19, 1990, the provisions of this Section 
shall apply to
all employees of persons or firms holding 
contracts with any school district
including, but not limited 
to, food service workers, school bus drivers and
other 
transportation employees, who have direct, daily contact with 
the
pupils of any school in such district. For purposes of 
criminal history records checks and checks of the Statewide 
Sex Offender Database on employees of persons or firms holding 
contracts with more
than one school district and assigned to 
more than one school district, the
regional superintendent of 
the educational service region in which the
contracting school 
districts are located may, at the request of any such
school 
district, be responsible for receiving the authorization for
a 
criminal history records check prepared by each such employee 
and submitting the same to the Illinois
State Police and for 
conducting a check of the Statewide Sex Offender Database for 
each employee. Any information concerning the record of

conviction and identification as a sex offender of any such 
employee obtained by the regional superintendent
shall be 
promptly reported to the president of the appropriate school 
board
or school boards.
 (f-5) Upon request of a school or school district, any 
information obtained by the school district pursuant to 
subsection (f) of this Section within the last year must be 
made available to the requesting school or school district.
 (g) Prior to the commencement of any student teaching 
experience or required internship (which is referred to as 
student teaching in this Section) in the public schools, a 
student teacher is required to authorize a fingerprint-based 
criminal history records check. Authorization for and payment 
of the costs of the check must be furnished by the student 
teacher to the school district. Upon receipt of this 
authorization and payment, the school district shall submit 
the student teacher's name, sex, race, date of birth, social 
security number, fingerprint images, and other identifiers, as 
prescribed by the Illinois State Police, to the Illinois State 
Police. The Illinois State Police and the Federal Bureau of 
Investigation shall furnish, pursuant to a fingerprint-based 
criminal history records check, records of convictions, 
forever and hereinafter, until expunged, to the president of 
the board. The Illinois State Police shall charge the school 
district a fee for conducting the check, which fee must not 
exceed the cost of the inquiry and must be deposited into the 
State Police Services Fund. The school district shall further 
perform a check of the Statewide Sex Offender Database, as 
authorized by the Sex Offender Community Notification Law, and 
of the Statewide Murderer and Violent Offender Against Youth 
Database, as authorized by the Murderer and Violent Offender 
Against Youth Registration Act, for each student teacher. The 
board may not knowingly allow a person to student teach for 
whom a criminal history records check, a Statewide Sex 
Offender Database check, and a Statewide Murderer and Violent 
Offender Against Youth Database check have not been completed 
and reviewed by the district.
 A copy of the record of convictions obtained from the 
Illinois State Police must be provided to the student teacher. 
Any information concerning the record of convictions obtained 
by the president of the board is confidential and may only be 
transmitted to the general superintendent of schools or his or 
her designee, the State Superintendent of Education, the State 
Educator Preparation and Licensure Board, or, for 
clarification purposes, the Illinois State Police or the 
Statewide Sex Offender Database or Statewide Murderer and 
Violent Offender Against Youth Database. Any unauthorized 
release of confidential information may be a violation of 
Section 7 of the Criminal Identification Act.
 The board may not knowingly allow a person to student 
teach who has been convicted of any offense that would subject 
him or her to license suspension or revocation pursuant to 
subsection (c) of Section 21B-80 of this Code, except as 
provided under subsection (b) of Section 21B-80. Further, the 
board may not allow a person to student teach if he or she has 
been found to be the perpetrator of sexual or physical abuse of 
a minor under 18 years of age pursuant to proceedings under 
Article II of the Juvenile Court Act of 1987. The board must 
consider the status of a person to student teach who has been 
issued an indicated finding of abuse or neglect of a child by 
the Department of Children and Family Services under the 
Abused and Neglected Child Reporting Act or by a child welfare 
agency of another jurisdiction.
 (h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19; 
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff. 
1-1-22; revised 10-18-21.)

 Section 10. The Personnel Record Review Act is amended by 
changing Section 8 as follows:




 (820 ILCS 40/8) (from Ch. 48, par. 2008)



 Sec. 8. 
An employer shall review a personnel record before 
releasing
information to a third party and, except when the 
release is ordered to
a party in a legal action or arbitration, 
delete disciplinary reports,
letters of reprimand, or other 
records of disciplinary action which are
more than 4 years 
old. This Section does not apply to a school district or an 
authorized employee or agent of a school district who is 
sharing information related to an incident or an attempted 
incident of sexual abuse, or severe physical abuse, or sexual 
misconduct as defined in subsection (c) of Section 22-85.5 of 
this Code. 

(Source: P.A. 101-531, eff. 8-23-19.)


 Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.


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


 
         


        
        
      


      

  

      
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