Bill Text: IL HB5914 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Freedom of Information Act to provide that in the case of sexual assault or sexual abuse by school district personnel, nothing in the Act prohibits a school district from disclosing disciplinary records of school district personnel. Amends the School Code to require a school board to report all credible cases of sexual assault or sexual abuse by a licensed educator to the State Board of Education, to establish a hearing procedure for student victims, and to ensure that a licensed educator under investigation by the State Superintendent of Education is reassigned to non-classroom duty. Provides that, beginning with the 2018-2019 school year, the State Board of Education must monitor all fingerprint-based criminal history records checks and any other database checks conducted by a school district or regional superintendent for applicants for employment with a school district. Makes changes concerning educator licensure and allegations of physical or sexual abuse. Amends the Criminal Code of 2012 to create the criminal offense of sexual conduct or sexual relations with a student by an authority figure. Amends the Code of Criminal Procedure of 1963 to require an arresting enforcement agency to share its reports pertaining to the arrest of a licensed educator with the superintendent of any school district that employs the educator (or, in the case of the arrest of a superintendent, with the school board of any school district that employs the superintendent). Amends the Personnel Record Review Act to provide that the Act does not prohibit a school district from divulging internal investigative findings and discipline to another school district. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced) 2018-11-07 - Referred to Rules Committee [HB5914 Detail]

Download: Illinois-2017-HB5914-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5914

Introduced , by Rep. David McSweeney - Mary E. Flowers - Grant Wehrli and Jonathan Carroll

SYNOPSIS AS INTRODUCED:
See Index

Amends the Freedom of Information Act to provide that in the case of sexual assault or sexual abuse by school district personnel, nothing in the Act prohibits a school district from disclosing disciplinary records of school district personnel. Amends the School Code to require a school board to report all credible cases of sexual assault or sexual abuse by a licensed educator to the State Board of Education, to establish a hearing procedure for student victims, and to ensure that a licensed educator under investigation by the State Superintendent of Education is reassigned to non-classroom duty. Provides that, beginning with the 2018-2019 school year, the State Board of Education must monitor all fingerprint-based criminal history records checks and any other database checks conducted by a school district or regional superintendent for applicants for employment with a school district. Makes changes concerning educator licensure and allegations of physical or sexual abuse. Amends the Criminal Code of 2012 to create the criminal offense of sexual conduct or sexual relations with a student by an authority figure. Amends the Code of Criminal Procedure of 1963 to require an arresting enforcement agency to share its reports pertaining to the arrest of a licensed educator with the superintendent of any school district that employs the educator (or, in the case of the arrest of a superintendent, with the school board of any school district that employs the superintendent). Amends the Personnel Record Review Act to provide that the Act does not prohibit a school district from divulging internal investigative findings and discipline to another school district. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5adding Section 7.7 as follows:
6 (5 ILCS 140/7.7 new)
7 Sec. 7.7. Disciplinary records of school district
8personnel. In the case of sexual assault or sexual abuse by
9school district personnel, nothing in this Act prohibits a
10school district from disclosing disciplinary records of school
11district personnel.
12 Section 10. The School Code is amended by changing Sections
1310-21.9, 21B-15, 21B-75, 21B-80, 34-18.5, and 34-84b and by
14adding Sections 10-30 and 34-18.60 as follows:
15 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
16 Sec. 10-21.9. Criminal history records checks and checks of
17the Statewide Sex Offender Database and Statewide Murderer and
18Violent Offender Against Youth Database.
19 (a) Certified and noncertified applicants for employment
20with a school district, except school bus driver applicants,
21are required as a condition of employment to authorize a

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

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

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1 (a-5) The school district or regional superintendent shall
2further perform a check of the Statewide Sex Offender Database,
3as authorized by the Sex Offender Community Notification Law,
4for each applicant.
5 (a-6) The school district or regional superintendent shall
6further perform a check of the Statewide Murderer and Violent
7Offender Against Youth Database, as authorized by the Murderer
8and Violent Offender Against Youth Community Notification Law,
9for each applicant.
10 (b) Any information concerning the record of convictions
11obtained by the president of the school board or the regional
12superintendent shall be confidential and may only be
13transmitted to the superintendent of the school district or his
14designee, the appropriate regional superintendent if the check
15was requested by the school district, the presidents of the
16appropriate school boards if the check was requested from the
17Department of State Police by the regional superintendent, the
18State Superintendent of Education, the State Teacher
19Certification Board, any other person necessary to the decision
20of hiring the applicant for employment, or for clarification
21purposes the Department of State Police or Statewide Sex
22Offender Database, or both. A copy of the record of convictions
23obtained from the Department of State Police shall be provided
24to the applicant for employment. Upon the check of the
25Statewide Sex Offender Database, the school district or
26regional superintendent shall notify an applicant as to whether

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

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1committed or attempted in this State, would have been
2punishable as a felony under the laws of this State and
3evidencing that as of the date that the regional superintendent
4conducted a check of the Statewide Sex Offender Database, the
5applicant has not been identified in the Database as a sex
6offender. The school board of any school district may rely on
7the certificate issued by any regional superintendent to that
8substitute teacher, concurrent part-time teacher, or
9concurrent educational support personnel employee or may
10initiate its own criminal history records check of the
11applicant through the Department of State Police and its own
12check of the Statewide Sex Offender Database as provided in
13subsection (a). Any unauthorized release of confidential
14information may be a violation of Section 7 of the Criminal
15Identification Act.
16 (c) No school board shall knowingly employ a person who has
17been convicted of any offense that would subject him or her to
18license suspension or revocation pursuant to Section 21B-80 of
19this Code. Further, no school board shall knowingly employ a
20person who has been found to be the perpetrator of sexual or
21physical abuse of any minor under 18 years of age pursuant to
22proceedings under Article II of the Juvenile Court Act of 1987.
23 (d) No school board shall knowingly employ a person for
24whom a criminal history records check and a Statewide Sex
25Offender Database check has not been initiated.
26 (e) Upon receipt of the record of a conviction of or a

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1finding of child abuse by a holder of any certificate issued
2pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
3Code, the State Superintendent of Education may initiate
4certificate suspension and revocation proceedings as
5authorized by law.
6 (e-5) The superintendent of the employing school board
7shall, in writing, notify the State Superintendent of Education
8and the applicable regional superintendent of schools of any
9certificate holder whom he or she has reasonable cause to
10believe has committed an intentional act of abuse or neglect
11with the result of making a child an abused child or a
12neglected child, as defined in Section 3 of the Abused and
13Neglected Child Reporting Act, and that act resulted in the
14certificate holder's dismissal or resignation from the school
15district. This notification must be submitted within 30 days
16after the dismissal or resignation. The certificate holder must
17also be contemporaneously sent a copy of the notice by the
18superintendent. All correspondence, documentation, and other
19information so received by the regional superintendent of
20schools, the State Superintendent of Education, the State Board
21of Education, or the State Teacher Certification Board under
22this subsection (e-5) is confidential and must not be disclosed
23to third parties, except (i) as necessary for the State
24Superintendent of Education or his or her designee to
25investigate and prosecute pursuant to Article 21 of this Code,
26(ii) pursuant to a court order, (iii) for disclosure to the

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

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

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

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1teach who has been convicted of any offense that would subject
2him or her to license suspension or revocation pursuant to
3Section 21B-80 of this Code or who has been found to be the
4perpetrator of sexual or physical abuse of a minor under 18
5years of age pursuant to proceedings under Article II of the
6Juvenile Court Act of 1987.
7 (h) (Blank).
8 (i) Beginning with the 2018-2019 school year, the State
9Board of Education must monitor all fingerprint-based criminal
10history records checks and any other database checks conducted
11under this Section.
12(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
13 (105 ILCS 5/10-30 new)
14 Sec. 10-30. Sexual assault or sexual abuse by a licensed
15educator.
16 (a) A school board must report all credible cases of sexual
17assault or sexual abuse by a licensed educator to the State
18Board of Education.
19 (b) A school board must establish a hearing procedure for
20student victims of alleged sexual assault or sexual abuse by a
21licensed educator that allows a student victim to testify. In
22such cases, an attorney retained by the school district may not
23interview the student without:
24 (1) the consent of the student or the student's parent
25 or legal guardian if the student is a minor; and

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1 (2) the student's parent or legal guardian, the
2 student's legal representative, or both in the room.
3 As part of the hearing procedure, an attorney retained by
4the school district may not interview the student 2 or more
5times without good cause being shown and recorded. If 2 or more
6interviews take place, the attorney retained by the school
7district who has control over the investigation must maintain a
8record, which shall be part of the legal record of the
9investigation, to show why 2 or more interviews took place. The
10student, student's legal representative, or student's family
11shall have continuous access to the record.
12 (c) A school board shall ensure that a licensed educator
13under investigation by the State Superintendent of Education or
14his or her designee for alleged sexual assault or sexual abuse
15is reassigned to non-classroom duty.
16 (105 ILCS 5/21B-15)
17 Sec. 21B-15. Qualifications of educators.
18 (a) No one may be licensed to teach or supervise or be
19otherwise employed in the public schools of this State who is
20not of good character and at least 19 years of age.
21 In determining good character under this Section, the State
22Superintendent of Education shall take into consideration the
23disciplinary actions of other states or national entities
24against certificates or licenses issued by those states and
25held by individuals from those states. In addition, any felony

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1conviction of the applicant may be taken into consideration;
2however, no one may be licensed to teach or supervise in the
3public schools of this State who has been convicted of (i) an
4offense set forth in subsection (b) of Section 21B-80 of this
5Code until 7 years following the end of the sentence for the
6criminal offense or (ii) an offense set forth in subsection (c)
7of Section 21B-80 of this Code. Unless the conviction is for an
8offense set forth in Section 21B-80 of this Code, an applicant
9must be permitted to submit character references or other
10written material before such a conviction or other information
11regarding the applicant's character may be used by the State
12Superintendent of Education as a basis for denying the
13application.
14 In addition, no one may be licensed to teach or supervise
15in the public schools of this State who has been dismissed by a
16school district for physical or sexual assault or abuse of a
17co-worker or a pupil.
18 (b) No person otherwise qualified shall be denied the right
19to be licensed or to receive training for the purpose of
20becoming an educator because of a physical disability,
21including, but not limited to, visual and hearing disabilities;
22nor shall any school district refuse to employ a teacher on
23such grounds, provided that the person is able to carry out the
24duties of the position for which he or she applies.
25 (c) No person may be granted or continue to hold an
26educator license who has knowingly altered or misrepresented

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1his or her qualifications, in this State or any other state, in
2order to acquire or renew the license. Any other license issued
3under this Article held by the person may be suspended or
4revoked by the State Educator Preparation and Licensure Board,
5depending upon the severity of the alteration or
6misrepresentation.
7 (d) No one may teach or supervise in the public schools nor
8receive for teaching or supervising any part of any public
9school fund who does not hold an educator license granted by
10the State Superintendent of Education as provided in this
11Article. However, the provisions of this Article do not apply
12to a member of the armed forces who is employed as a teacher of
13subjects in the Reserve Officers' Training Corps of any school,
14nor to an individual teaching a dual credit course as provided
15for in the Dual Credit Quality Act.
16 (e) Notwithstanding any other provision of this Code, the
17school board of a school district may grant to a teacher of the
18district a leave of absence with full pay for a period of not
19more than one year to permit the teacher to teach in a foreign
20state under the provisions of the Exchange Teacher Program
21established under Public Law 584, 79th Congress, and Public Law
22402, 80th Congress, as amended. The school board granting the
23leave of absence may employ, with or without pay, a national of
24the foreign state wherein the teacher on the leave of absence
25is to teach if the national is qualified to teach in that
26foreign state and if that national is to teach in a grade level

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1similar to the one that was taught in the foreign state. The
2State Board of Education, in consultation with the State
3Educator Preparation and Licensure Board, may adopt rules as
4may be necessary to implement this subsection (e).
5(Source: P.A. 99-667, eff. 7-29-16; 100-13, eff. 7-1-17.)
6 (105 ILCS 5/21B-75)
7 Sec. 21B-75. Suspension or revocation of license.
8 (a) As used in this Section, "teacher" means any school
9district employee regularly required to be licensed, as
10provided in this Article, in order to teach or supervise in the
11public schools.
12 (b) The State Superintendent of Education has the exclusive
13authority, in accordance with this Section and any rules
14adopted by the State Board of Education, in consultation with
15the State Educator Preparation and Licensure Board, to initiate
16the suspension of up to 5 calendar years or revocation of any
17license issued pursuant to this Article for abuse or neglect of
18a child, immorality, a condition of health detrimental to the
19welfare of pupils, incompetency, unprofessional conduct (which
20includes the failure to disclose on an employment application
21any previous conviction for a sex offense, as defined in
22Section 21B-80 of this Code, or any other offense committed in
23any other state or against the laws of the United States that,
24if committed in this State, would be punishable as a sex
25offense, as defined in Section 21B-80 of this Code), the

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1neglect of any professional duty, willful failure to report an
2instance of suspected child abuse or neglect as required by the
3Abused and Neglected Child Reporting Act, failure to establish
4satisfactory repayment on an educational loan guaranteed by the
5Illinois Student Assistance Commission, or other just cause.
6Unprofessional conduct shall include the refusal to attend or
7participate in institutes, teachers' meetings, or professional
8readings or to meet other reasonable requirements of the
9regional superintendent of schools or State Superintendent of
10Education. Unprofessional conduct also includes conduct that
11violates the standards, ethics, or rules applicable to the
12security, administration, monitoring, or scoring of or the
13reporting of scores from any assessment test or examination
14administered under Section 2-3.64a-5 of this Code or that is
15known or intended to produce or report manipulated or
16artificial, rather than actual, assessment or achievement
17results or gains from the administration of those tests or
18examinations. Unprofessional conduct shall also include
19neglect or unnecessary delay in the making of statistical and
20other reports required by school officers. Incompetency shall
21include, without limitation, 2 or more school terms of service
22for which the license holder has received an unsatisfactory
23rating on a performance evaluation conducted pursuant to
24Article 24A of this Code within a period of 7 school terms of
25service. In determining whether to initiate action against one
26or more licenses based on incompetency and the recommended

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1sanction for such action, the State Superintendent shall
2consider factors that include without limitation all of the
3following:
4 (1) Whether the unsatisfactory evaluation ratings
5 occurred prior to June 13, 2011 (the effective date of
6 Public Act 97-8).
7 (2) Whether the unsatisfactory evaluation ratings
8 occurred prior to or after the implementation date, as
9 defined in Section 24A-2.5 of this Code, of an evaluation
10 system for teachers in a school district.
11 (3) Whether the evaluator or evaluators who performed
12 an unsatisfactory evaluation met the pre-licensure and
13 training requirements set forth in Section 24A-3 of this
14 Code.
15 (4) The time between the unsatisfactory evaluation
16 ratings.
17 (5) The quality of the remediation plans associated
18 with the unsatisfactory evaluation ratings and whether the
19 license holder successfully completed the remediation
20 plans.
21 (6) Whether the unsatisfactory evaluation ratings were
22 related to the same or different assignments performed by
23 the license holder.
24 (7) Whether one or more of the unsatisfactory
25 evaluation ratings occurred in the first year of a teaching
26 or administrative assignment.

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

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

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

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1suspension, or denial of a license.
2 (d-5) If a credible allegation of sexual assault or sexual
3abuse is made against a license holder, the State Educator
4Preparation and Licensure Board must issue a decision within 12
5months after receipt of notice of the alleged misconduct.
6 If investigation by the State Superintendent of Education
7or his or her designee of the alleged misconduct includes an
8interview of an alleged victim, the interview must be conducted
9under the same conditions as provided in subsection (b) of
10Section 10-30. If the alleged victim was previously interviewed
11by an attorney retained by the school district, then the State
12Superintendent of Education or his or her designee must
13maintain a record, which shall be part of the legal record of
14the investigation, to show why the new interview took place.
15The alleged victim, alleged victim's legal representative, or
16alleged victim's family shall have continuous access to the
17record.
18 If a school district reports an allegation of sexual
19assault or sexual abuse against a license holder, the State
20Superintendent of Education must publicly report the outcome of
21the resulting hearing and investigation, including cases in
22which the license holder was exonerated. In addition, the State
23Superintendent of Education must make a partial disclosure when
24a license holder has been reassigned to non-classroom duty. The
25partial disclosure is not required to include the exact
26allegations, but must name the educator to verify his or her

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1reassignment to non-classroom duty.
2 The State Board of Education must collect and list
3internally data reported to it from school districts regarding
4allegations of sexual assault or sexual abuse. The State Board
5of Education must make its list of reported cases and pending
6cases regarding allegations of sexual assault or sexual abuse
7available to the education agencies of other states that keep
8similar lists. In addition, the State Board of Education may,
9by interstate agreement or interstate compact, develop a
10formalized reciprocal database of educator professionals.
11 (e) All correspondence, documentation, and other
12information so received by the regional superintendent of
13schools, the State Superintendent of Education, the State Board
14of Education, or the State Educator Preparation and Licensure
15Board under this Section is confidential and must not be
16disclosed to third parties, except (i) as necessary for the
17State Superintendent of Education or his or her designee to
18investigate and prosecute pursuant to this Article, (ii)
19pursuant to a court order, (iii) for disclosure to the license
20holder or his or her representative, or (iv) as otherwise
21required in this Article and provided that any such information
22admitted into evidence in a hearing is exempt from this
23confidentiality and non-disclosure requirement.
24 (f) The State Superintendent of Education or a person
25designated by him or her shall have the power to administer
26oaths to witnesses at any hearing conducted before the State

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1Educator Preparation and Licensure Board pursuant to this
2Section. The State Superintendent of Education or a person
3designated by him or her is authorized to subpoena and bring
4before the State Educator Preparation and Licensure Board any
5person in this State and to take testimony either orally or by
6deposition or by exhibit, with the same fees and mileage and in
7the same manner as prescribed by law in judicial proceedings in
8civil cases in circuit courts of this State.
9 (g) Any circuit court, upon the application of the State
10Superintendent of Education or the license holder, may, by
11order duly entered, require the attendance of witnesses and the
12production of relevant books and papers as part of any
13investigation or at any hearing the State Educator Preparation
14and Licensure Board is authorized to conduct pursuant to this
15Section, and the court may compel obedience to its orders by
16proceedings for contempt.
17 (h) The State Board of Education shall receive an annual
18line item appropriation to cover fees associated with the
19investigation and prosecution of alleged educator misconduct
20and hearings related thereto.
21(Source: P.A. 97-607, eff. 8-26-11; incorporates 97-8, eff.
226-13-11; 97-813, eff. 7-13-12; 98-972, eff. 8-15-14.)
23 (105 ILCS 5/21B-80)
24 Sec. 21B-80. Conviction of certain offenses as grounds for
25disqualification for licensure or suspension or revocation of a

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1license.
2 (a) As used in this Section:
3 "Drug offense" means any one or more of the following
4offenses:
5 (1) Any offense defined in the Cannabis Control Act,
6 except those defined in subdivisions (a), (b), and (c) of
7 Section 4 and subdivisions (a) and (b) of Section 5 of the
8 Cannabis Control Act and any offense for which the holder
9 of a license is placed on probation under the provisions of
10 Section 10 of the Cannabis Control Act, provided that if
11 the terms and conditions of probation required by the court
12 are not fulfilled, the offense is not eligible for this
13 exception.
14 (2) Any offense defined in the Illinois Controlled
15 Substances Act, except any offense for which the holder of
16 a license is placed on probation under the provisions of
17 Section 410 of the Illinois Controlled Substances Act,
18 provided that if the terms and conditions of probation
19 required by the court are not fulfilled, the offense is not
20 eligible for this exception.
21 (3) Any offense defined in the Methamphetamine Control
22 and Community Protection Act, except any offense for which
23 the holder of a license is placed on probation under the
24 provision of Section 70 of that Act, provided that if the
25 terms and conditions of probation required by the court are
26 not fulfilled, the offense is not eligible for this

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1 exception.
2 (4) Any attempt to commit any of the offenses listed in
3 items (1) through (3) of this definition.
4 (5) Any offense committed or attempted in any other
5 state or against the laws of the United States that, if
6 committed or attempted in this State, would have been
7 punishable as one or more of the offenses listed in items
8 (1) through (4) of this definition.
9The changes made by Public Act 96-431 to this definition are
10declaratory of existing law.
11 "Sentence" includes any period of supervision or probation
12that was imposed either alone or in combination with a period
13of incarceration.
14 "Sex offense" means any one or more of the following
15offenses:
16 (A) Any offense defined in Sections 11-6, 11-9 through
17 11-9.5, inclusive, and 11-30 (if punished as a Class 4
18 felony) of the Criminal Code of 1961 or the Criminal Code
19 of 2012; Sections 11-14.1 through 11-21, inclusive, of the
20 Criminal Code of 1961 or the Criminal Code of 2012;
21 Sections 11-23 (if punished as a Class 3 felony), 11-24,
22 11-25, and 11-26 of the Criminal Code of 1961 or the
23 Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
24 11-1.40, 11-1.50, 11-1.60, 11-9.6, 12-4.9, 12-13, 12-14,
25 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
26 punished pursuant to subdivision (4) or (5) of subsection

HB5914- 26 -LRB100 22387 AXK 41273 b
1 (d) of Section 26-4) of the Criminal Code of 1961 or the
2 Criminal Code of 2012.
3 (B) Any attempt to commit any of the offenses listed in
4 item (A) of this definition.
5 (C) Any offense committed or attempted in any other
6 state that, if committed or attempted in this State, would
7 have been punishable as one or more of the offenses listed
8 in items (A) and (B) of this definition.
9 (b) Whenever the holder of any license issued pursuant to
10this Article or applicant for a license to be issued pursuant
11to this Article has been convicted of any drug offense, other
12than as provided in subsection (c) of this Section, the State
13Superintendent of Education shall forthwith suspend the
14license or deny the application, whichever is applicable, until
157 years following the end of the sentence for the criminal
16offense. If the conviction is reversed and the holder is
17acquitted of the offense in a new trial or the charges against
18him or her are dismissed, the State Superintendent of Education
19shall forthwith terminate the suspension of the license.
20 (c) Whenever the holder of a license issued pursuant to
21this Article or applicant for a license to be issued pursuant
22to this Article has been convicted of attempting to commit,
23conspiring to commit, soliciting, or committing any sex
24offense, first degree murder, or a Class X felony or any
25offense committed or attempted in any other state or against
26the laws of the United States that, if committed or attempted

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1in this State, would have been punishable as one or more of the
2foregoing offenses, the State Superintendent of Education
3shall forthwith suspend the license or deny the application,
4whichever is applicable. If the conviction is reversed and the
5holder is acquitted of that offense in a new trial or the
6charges that he or she committed that offense are dismissed,
7the State Superintendent of Education shall forthwith
8terminate the suspension of the license. When the conviction
9becomes final, the State Superintendent of Education shall
10forthwith revoke the license.
11(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
12 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
13 Sec. 34-18.5. Criminal history records checks and checks of
14the Statewide Sex Offender Database and Statewide Murderer and
15Violent Offender Against Youth Database.
16 (a) Certified and noncertified applicants for employment
17with the school district are required as a condition of
18employment to authorize a fingerprint-based criminal history
19records check to determine if such applicants have been
20convicted of any of the enumerated criminal or drug offenses in
21subsection (c) of this Section or have been convicted, within 7
22years of the application for employment with the school
23district, of any other felony under the laws of this State or
24of any offense committed or attempted in any other state or
25against the laws of the United States that, if committed or

HB5914- 28 -LRB100 22387 AXK 41273 b
1attempted in this State, would have been punishable as a felony
2under the laws of this State. Authorization for the check shall
3be furnished by the applicant to the school district, except
4that if the applicant is a substitute teacher seeking
5employment in more than one school district, or a teacher
6seeking concurrent part-time employment positions with more
7than one school district (as a reading specialist, special
8education teacher or otherwise), or an educational support
9personnel employee seeking employment positions with more than
10one district, any such district may require the applicant to
11furnish authorization for the check to the regional
12superintendent of the educational service region in which are
13located the school districts in which the applicant is seeking
14employment as a substitute or concurrent part-time teacher or
15concurrent educational support personnel employee. Upon
16receipt of this authorization, the school district or the
17appropriate regional superintendent, as the case may be, shall
18submit the applicant's name, sex, race, date of birth, social
19security number, fingerprint images, and other identifiers, as
20prescribed by the Department of State Police, to the
21Department. The regional superintendent submitting the
22requisite information to the Department of State Police shall
23promptly notify the school districts in which the applicant is
24seeking employment as a substitute or concurrent part-time
25teacher or concurrent educational support personnel employee
26that the check of the applicant has been requested. The

HB5914- 29 -LRB100 22387 AXK 41273 b
1Department of State Police and the Federal Bureau of
2Investigation shall furnish, pursuant to a fingerprint-based
3criminal history records check, records of convictions,
4forever and hereinafter, until expunged, to the president of
5the school board for the school district that requested the
6check, or to the regional superintendent who requested the
7check. The Department shall charge the school district or the
8appropriate regional superintendent a fee for conducting such
9check, which fee shall be deposited in the State Police
10Services Fund and shall not exceed the cost of the inquiry; and
11the applicant shall not be charged a fee for such check by the
12school district or by the regional superintendent. Subject to
13appropriations for these purposes, the State Superintendent of
14Education shall reimburse the school district and regional
15superintendent for fees paid to obtain criminal history records
16checks under this Section.
17 (a-5) The school district or regional superintendent shall
18further perform a check of the Statewide Sex Offender Database,
19as authorized by the Sex Offender Community Notification Law,
20for each applicant.
21 (a-6) The school district or regional superintendent shall
22further perform a check of the Statewide Murderer and Violent
23Offender Against Youth Database, as authorized by the Murderer
24and Violent Offender Against Youth Community Notification Law,
25for each applicant.
26 (b) Any information concerning the record of convictions

HB5914- 30 -LRB100 22387 AXK 41273 b
1obtained by the president of the board of education or the
2regional superintendent shall be confidential and may only be
3transmitted to the general superintendent of the school
4district or his designee, the appropriate regional
5superintendent if the check was requested by the board of
6education for the school district, the presidents of the
7appropriate board of education or school boards if the check
8was requested from the Department of State Police by the
9regional superintendent, the State Superintendent of
10Education, the State Teacher Certification Board or any other
11person necessary to the decision of hiring the applicant for
12employment. A copy of the record of convictions obtained from
13the Department of State Police shall be provided to the
14applicant for employment. Upon the check of the Statewide Sex
15Offender Database, the school district or regional
16superintendent shall notify an applicant as to whether or not
17the applicant has been identified in the Database as a sex
18offender. If a check of an applicant for employment as a
19substitute or concurrent part-time teacher or concurrent
20educational support personnel employee in more than one school
21district was requested by the regional superintendent, and the
22Department of State Police upon a check ascertains that the
23applicant has not been convicted of any of the enumerated
24criminal or drug offenses in subsection (c) of this Section or
25has not been convicted, within 7 years of the application for
26employment with the school district, of any other felony under

HB5914- 31 -LRB100 22387 AXK 41273 b
1the laws of this State or of any offense committed or attempted
2in any other state or against the laws of the United States
3that, if committed or attempted in this State, would have been
4punishable as a felony under the laws of this State and so
5notifies the regional superintendent and if the regional
6superintendent upon a check ascertains that the applicant has
7not been identified in the Sex Offender Database as a sex
8offender, then the regional superintendent shall issue to the
9applicant a certificate evidencing that as of the date
10specified by the Department of State Police the applicant has
11not been convicted of any of the enumerated criminal or drug
12offenses in subsection (c) of this Section or has not been
13convicted, within 7 years of the application for employment
14with the school district, of any other felony under the laws of
15this State or of any offense committed or attempted in any
16other state or against the laws of the United States that, if
17committed or attempted in this State, would have been
18punishable as a felony under the laws of this State and
19evidencing that as of the date that the regional superintendent
20conducted a check of the Statewide Sex Offender Database, the
21applicant has not been identified in the Database as a sex
22offender. The school board of any school district may rely on
23the certificate issued by any regional superintendent to that
24substitute teacher, concurrent part-time teacher, or
25concurrent educational support personnel employee or may
26initiate its own criminal history records check of the

HB5914- 32 -LRB100 22387 AXK 41273 b
1applicant through the Department of State Police and its own
2check of the Statewide Sex Offender Database as provided in
3subsection (a). Any unauthorized release of confidential
4information may be a violation of Section 7 of the Criminal
5Identification Act.
6 (c) The board of education shall not knowingly employ a
7person who has been convicted of any offense that would subject
8him or her to license suspension or revocation pursuant to
9Section 21B-80 of this Code. Further, the board of education
10shall not knowingly employ a person who has been found to be
11the perpetrator of sexual or physical abuse of any minor under
1218 years of age pursuant to proceedings under Article II of the
13Juvenile Court Act of 1987.
14 (d) The board of education shall not knowingly employ a
15person for whom a criminal history records check and a
16Statewide Sex Offender Database check has not been initiated.
17 (e) Upon receipt of the record of a conviction of or a
18finding of child abuse by a holder of any certificate issued
19pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
20Code, the State Superintendent of Education may initiate
21certificate suspension and revocation proceedings as
22authorized by law.
23 (e-5) The general superintendent of schools shall, in
24writing, notify the State Superintendent of Education of any
25certificate holder whom he or she has reasonable cause to
26believe has committed an intentional act of abuse or neglect

HB5914- 33 -LRB100 22387 AXK 41273 b
1with the result of making a child an abused child or a
2neglected child, as defined in Section 3 of the Abused and
3Neglected Child Reporting Act, and that act resulted in the
4certificate holder's dismissal or resignation from the school
5district. This notification must be submitted within 30 days
6after the dismissal or resignation. The certificate holder must
7also be contemporaneously sent a copy of the notice by the
8superintendent. All correspondence, documentation, and other
9information so received by the State Superintendent of
10Education, the State Board of Education, or the State Teacher
11Certification Board under this subsection (e-5) is
12confidential and must not be disclosed to third parties, except
13(i) as necessary for the State Superintendent of Education or
14his or her designee to investigate and prosecute pursuant to
15Article 21 of this Code, (ii) pursuant to a court order, (iii)
16for disclosure to the certificate holder or his or her
17representative, or (iv) as otherwise provided in this Article
18and provided that any such information admitted into evidence
19in a hearing is exempt from this confidentiality and
20non-disclosure requirement. Except for an act of willful or
21wanton misconduct, any superintendent who provides
22notification as required in this subsection (e-5) shall have
23immunity from any liability, whether civil or criminal or that
24otherwise might result by reason of such action.
25 (f) After March 19, 1990, the provisions of this Section
26shall apply to all employees of persons or firms holding

HB5914- 34 -LRB100 22387 AXK 41273 b
1contracts with any school district including, but not limited
2to, food service workers, school bus drivers and other
3transportation employees, who have direct, daily contact with
4the pupils of any school in such district. For purposes of
5criminal history records checks and checks of the Statewide Sex
6Offender Database on employees of persons or firms holding
7contracts with more than one school district and assigned to
8more than one school district, the regional superintendent of
9the educational service region in which the contracting school
10districts are located may, at the request of any such school
11district, be responsible for receiving the authorization for a
12criminal history records check prepared by each such employee
13and submitting the same to the Department of State Police and
14for conducting a check of the Statewide Sex Offender Database
15for each employee. Any information concerning the record of
16conviction and identification as a sex offender of any such
17employee obtained by the regional superintendent shall be
18promptly reported to the president of the appropriate school
19board or school boards.
20 (f-5) Upon request of a school or school district, any
21information obtained by the school district pursuant to
22subsection (f) of this Section within the last year must be
23made available to the requesting school or school district.
24 (g) Prior to the commencement of any student teaching
25experience or required internship (which is referred to as
26student teaching in this Section) in the public schools, a

HB5914- 35 -LRB100 22387 AXK 41273 b
1student teacher is required to authorize a fingerprint-based
2criminal history records check. Authorization for and payment
3of the costs of the check must be furnished by the student
4teacher to the school district. Upon receipt of this
5authorization and payment, the school district shall submit the
6student teacher's name, sex, race, date of birth, social
7security number, fingerprint images, and other identifiers, as
8prescribed by the Department of State Police, to the Department
9of State Police. The Department of State Police and the Federal
10Bureau of Investigation shall furnish, pursuant to a
11fingerprint-based criminal history records check, records of
12convictions, forever and hereinafter, until expunged, to the
13president of the board. The Department shall charge the school
14district a fee for conducting the check, which fee must not
15exceed the cost of the inquiry and must be deposited into the
16State Police Services Fund. The school district shall further
17perform a check of the Statewide Sex Offender Database, as
18authorized by the Sex Offender Community Notification Law, and
19of the Statewide Murderer and Violent Offender Against Youth
20Database, as authorized by the Murderer and Violent Offender
21Against Youth Registration Act, for each student teacher. The
22board may not knowingly allow a person to student teach for
23whom a criminal history records check, a Statewide Sex Offender
24Database check, and a Statewide Murderer and Violent Offender
25Against Youth Database check have not been completed and
26reviewed by the district.

HB5914- 36 -LRB100 22387 AXK 41273 b
1 A copy of the record of convictions obtained from the
2Department of State Police must be provided to the student
3teacher. Any information concerning the record of convictions
4obtained by the president of the board is confidential and may
5only be transmitted to the general superintendent of schools or
6his or her designee, the State Superintendent of Education, the
7State Educator Preparation and Licensure Board, or, for
8clarification purposes, the Department of State Police or the
9Statewide Sex Offender Database or Statewide Murderer and
10Violent Offender Against Youth Database. Any unauthorized
11release of confidential information may be a violation of
12Section 7 of the Criminal Identification Act.
13 The board may not knowingly allow a person to student teach
14who has been convicted of any offense that would subject him or
15her to license suspension or revocation pursuant to Section
1621B-80 of this Code or who has been found to be the perpetrator
17of sexual or physical abuse of a minor under 18 years of age
18pursuant to proceedings under Article II of the Juvenile Court
19Act of 1987.
20 (h) (Blank).
21 (i) Beginning with the 2018-2019 school year, the State
22Board of Education must monitor all fingerprint-based criminal
23history records checks and any other database checks conducted
24under this Section.
25(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)

HB5914- 37 -LRB100 22387 AXK 41273 b
1 (105 ILCS 5/34-18.60 new)
2 Sec. 34-18.60. Sexual assault or sexual abuse by a licensed
3educator.
4 (a) The board must report all credible cases of sexual
5assault or sexual abuse by a licensed educator to the State
6Board of Education.
7 (b) The board must establish a hearing procedure for
8student victims of alleged sexual assault or sexual abuse by a
9licensed educator that allows a student victim to testify. In
10such cases, an attorney retained by the school district may not
11interview the student without:
12 (1) the consent of the student or the student's parent
13 or legal guardian if the student is a minor; and
14 (2) the student's parent or legal guardian, the
15 student's legal representative, or both in the room.
16 As part of the hearing procedure, an attorney retained by
17the school district may not interview the student 2 or more
18times without good cause being shown and recorded. If 2 or more
19interviews take place, the attorney retained by the school
20district who has control over the investigation must maintain a
21record, which shall be part of the legal record of the
22investigation, to show why 2 or more interviews took place. The
23student, student's legal representative, or student's family
24shall have continuous access to the record.
25 (c) The board shall ensure that a licensed educator under
26investigation by the State Superintendent of Education or his

HB5914- 38 -LRB100 22387 AXK 41273 b
1or her designee for alleged sexual assault or sexual abuse is
2reassigned to non-classroom duty.
3 (105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
4 Sec. 34-84b. Conviction of sex or narcotics offense, first
5degree murder, attempted first degree murder, or Class X felony
6as grounds for revocation of certificate.
7 (a) Whenever the holder of any certificate issued by the
8board of education has been convicted of any sex offense or
9narcotics offense as defined in this Section, the board of
10education shall forthwith suspend the certificate. If the
11conviction is reversed and the holder is acquitted of the
12offense in a new trial or the charges against him are
13dismissed, the board shall forthwith terminate the suspension
14of the certificate. When the conviction becomes final, the
15board shall forthwith revoke the certificate. "Sex offense" as
16used in this Section means any one or more of the following
17offenses: (1) any offense defined in Sections 11-6, 11-9,
1811-9.6, and 11-30, Sections 11-14 through 11-21, inclusive, and
19Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
2012-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961 or
21the Criminal Code of 2012; (2) any attempt to commit any of the
22foregoing offenses, and (3) any offense committed or attempted
23in any other state which, if committed or attempted in this
24State, would have been punishable as one or more of the
25foregoing offenses. "Narcotics offense" as used in this Section

HB5914- 39 -LRB100 22387 AXK 41273 b
1means any one or more of the following offenses: (1) any
2offense defined in the Cannabis Control Act except those
3defined in Sections 4(a), 4(b) and 5(a) of that Act and any
4offense for which the holder of any certificate is placed on
5probation under the provisions of Section 10 of that Act and
6fulfills the terms and conditions of probation as may be
7required by the court; (2) any offense defined in the Illinois
8Controlled Substances Act except any offense for which the
9holder of any certificate is placed on probation under the
10provisions of Section 410 of that Act and fulfills the terms
11and conditions of probation as may be required by the court;
12(3) any offense defined in the Methamphetamine Control and
13Community Protection Act except any offense for which the
14holder of any certificate is placed on probation under the
15provision of Section 70 of that Act and fulfills the terms and
16conditions of probation as may be required by the court; (4)
17any attempt to commit any of the foregoing offenses; and (5)
18any offense committed or attempted in any other state or
19against the laws of the United States which, if committed or
20attempted in this State, would have been punishable as one or
21more of the foregoing offenses.
22 (b) Whenever the holder of any certificate issued by the
23board of education or pursuant to Article 21 or any other
24provisions of the School Code has been convicted of first
25degree murder, attempted first degree murder, or a Class X
26felony, the board of education or the State Superintendent of

HB5914- 40 -LRB100 22387 AXK 41273 b
1Education shall forthwith suspend the certificate. If the
2conviction is reversed and the holder is acquitted of that
3offense in a new trial or the charges that he or she committed
4that offense are dismissed, the suspending authority shall
5forthwith terminate the suspension of the certificate. When the
6conviction becomes final, the State Superintendent of
7Education shall forthwith revoke the certificate. The stated
8offenses of "first degree murder", "attempted first degree
9murder", and "Class X felony" referred to in this Section
10include any offense committed in another state that, if
11committed in this State, would have been punishable as any one
12of the stated offenses.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
14 Section 15. The Criminal Code of 2012 is amended by adding
15Section 11-9.6 as follows:
16 (720 ILCS 5/11-9.6 new)
17 Sec. 11-9.6. Sexual conduct or sexual relations with a
18student by an authority figure.
19 (a) In this Section:
20 "Authority figure" means a person 18 years of age or older
21who is employed by, volunteering at, or under contract with a
22school, including, but not limited to, a school resource
23officer.
24 "School" has the meaning given to that term in Section

HB5914- 41 -LRB100 22387 AXK 41273 b
111-9.3 of this Code. "School" does not include a facility
2dedicated exclusively to the education of adults.
3 "Student" means a person who is enrolled at a school.
4 (b) A person commits sexual conduct or sexual relations
5with a student by an authority figure when he or she is an
6authority figure and solicits or engages in any of the
7following acts with a student:
8 (1) an act of sexual penetration or sexual conduct;
9 (2) a romantic relationship; or
10 (3) lewd conduct.
11 (c) Sentence. Sexual conduct or sexual relations with a
12student by an authority figure is a Class 1 felony.
13 Section 20. The Code of Criminal Procedure of 1963 is
14amended by adding Section 107-17 as follows:
15 (725 ILCS 5/107-17 new)
16 Sec. 107-17. Educator; report. After the arrest or
17arraignment of an educator (other than a superintendent of a
18school district) who is licensed under Article 21B of the
19School Code, the arresting enforcement agency shall share its
20reports pertaining to the arrest with the superintendent of any
21school district that employs the educator. After the arrest or
22arraignment of a superintendent of a school district, the
23arresting enforcement agency shall share its reports
24pertaining to the arrest with the school board of any school

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1district that employs the superintendent.
2 Section 25. The Personnel Record Review Act is amended by
3changing Section 7 as follows:
4 (820 ILCS 40/7) (from Ch. 48, par. 2007)
5 Sec. 7. (1) An employer or former employer shall not
6divulge a disciplinary report, letter of reprimand, or other
7disciplinary action to a third party, to a party who is not a
8part of the employer's organization, or to a party who is not a
9part of a labor organization representing the employee, without
10written notice as provided in this Section.
11 (2) The written notice to the employee shall be by
12first-class mail to the employee's last known address and shall
13be mailed on or before the day the information is divulged.
14 (3) This Section shall not apply if:
15 (a) the employee has specifically waived written
16 notice as part of a written, signed employment application
17 with another employer;
18 (b) the disclosure is ordered to a party in a legal
19 action or arbitration; or
20 (c) information is requested by a government agency as
21 a result of a claim or complaint by an employee, or as a
22 result of a criminal investigation by such agency.
23 (3.5) This Section does not prohibit a school district from
24divulging internal investigative findings and discipline to

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1another school district.
2 (4) An employer who receives a request for records of a
3disciplinary report, letter of reprimand, or other
4disciplinary action in relation to an employee under the
5Freedom of Information Act may provide notification to the
6employee in written form as described in subsection (2) or
7through electronic mail, if available.
8(Source: P.A. 96-1212, eff. 7-22-10.)
9 Section 99. Effective date. This Act takes effect upon
10becoming law.

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1 INDEX
2 Statutes amended in order of appearance