Bill Text: IL SB3497 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the School Code. Provides that beginning on July 1, 2014, all student teachers assigned to public schools or nonpublic schools recognized by the State Board of Education shall undergo a Department of State Police and Federal Bureau of Investigation fingerprint-based criminal history records check. Provides that authorization to conduct the criminal history records check must be furnished by the student teacher to the State Board of Education. Provides that the Department of State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to the State Board of Education. Requires the State Board of Education to maintain the records for a period of one year and furnish the records to any school district that requests them or the chief administrative officer of the nonpublic school that requests them. Authorizes the Department of State Police to charge a fee for conducting the check. Requires the student teacher to pay all fees associated with conducting the criminal history records check, as well as any other application fees as established by rule. Provides that results of the check must also be furnished by the State Board of Education to the higher education institution where the student teacher is enrolled. Further provides that no one may begin student teaching until the results of the criminal history records check have been returned to the State Board of Education. Makes corresponding changes in an Article that governs student teachers in Chicago.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3497 Detail]
Download: Illinois-2013-SB3497-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||
5 | 10-21.9 and 34-18.5 as follows:
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6 | (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
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7 | Sec. 10-21.9. Criminal history records checks and checks of | ||||||||||||||||||||||||||
8 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||||||||||||||||||||||
9 | Violent Offender Against Youth Database.
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10 | (a) Certified and noncertified applicants for employment | ||||||||||||||||||||||||||
11 | with a school
district, except school bus driver applicants, | ||||||||||||||||||||||||||
12 | are required as a condition
of employment to authorize a | ||||||||||||||||||||||||||
13 | fingerprint-based criminal history records check to determine | ||||||||||||||||||||||||||
14 | if such applicants have been convicted of any of
the enumerated | ||||||||||||||||||||||||||
15 | criminal or drug offenses in subsection (c) of this Section or
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16 | have been convicted, within 7 years of the application for | ||||||||||||||||||||||||||
17 | employment with
the
school district, of any other felony under | ||||||||||||||||||||||||||
18 | the laws of this State or of any
offense committed or attempted | ||||||||||||||||||||||||||
19 | in any other state or against the laws of
the United States | ||||||||||||||||||||||||||
20 | that, if committed or attempted in this State, would
have been | ||||||||||||||||||||||||||
21 | punishable as a felony under the laws of this State.
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22 | Authorization for
the check shall be furnished by the applicant | ||||||||||||||||||||||||||
23 | to
the school district, except that if the applicant is a |
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1 | substitute teacher
seeking employment in more than one school | ||||||
2 | district, a teacher seeking
concurrent part-time employment | ||||||
3 | positions with more than one school
district (as a reading | ||||||
4 | specialist, special education teacher or otherwise),
or an | ||||||
5 | educational support personnel employee seeking employment | ||||||
6 | positions
with more than one district, any such district may | ||||||
7 | require the applicant to
furnish authorization for
the check to | ||||||
8 | the regional superintendent
of the educational service region | ||||||
9 | in which are located the school districts
in which the | ||||||
10 | applicant is seeking employment as a substitute or concurrent
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11 | part-time teacher or concurrent educational support personnel | ||||||
12 | employee.
Upon receipt of this authorization, the school | ||||||
13 | district or the appropriate
regional superintendent, as the | ||||||
14 | case may be, shall submit the applicant's
name, sex, race, date | ||||||
15 | of birth, social security number, fingerprint images, and other | ||||||
16 | identifiers, as prescribed by the Department
of State Police, | ||||||
17 | to the Department. The regional
superintendent submitting the | ||||||
18 | requisite information to the Department of
State Police shall | ||||||
19 | promptly notify the school districts in which the
applicant is | ||||||
20 | seeking employment as a substitute or concurrent part-time
| ||||||
21 | teacher or concurrent educational support personnel employee | ||||||
22 | that
the
check of the applicant has been requested. The | ||||||
23 | Department of State Police and the Federal Bureau of | ||||||
24 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
25 | criminal history records check, records of convictions, until | ||||||
26 | expunged, to the president of the school board for the school |
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1 | district that requested the check, or to the regional | ||||||
2 | superintendent who requested the check.
The
Department shall | ||||||
3 | charge
the school district
or the appropriate regional | ||||||
4 | superintendent a fee for
conducting
such check, which fee shall | ||||||
5 | be deposited in the State
Police Services Fund and shall not | ||||||
6 | exceed the cost of
the inquiry; and the
applicant shall not be | ||||||
7 | charged a fee for
such check by the school
district or by the | ||||||
8 | regional superintendent, except that those applicants seeking | ||||||
9 | employment as a substitute teacher with a school district may | ||||||
10 | be charged a fee not to exceed the cost of the inquiry. Subject | ||||||
11 | to appropriations for these purposes, the State Superintendent | ||||||
12 | of Education shall reimburse school districts and regional | ||||||
13 | superintendents for fees paid to obtain criminal history | ||||||
14 | records checks under this Section.
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15 | (a-5) The school district or regional superintendent shall | ||||||
16 | further perform a check of the Statewide Sex Offender Database, | ||||||
17 | as authorized by the Sex Offender Community Notification Law, | ||||||
18 | for each applicant.
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19 | (a-6) The school district or regional superintendent shall | ||||||
20 | further perform a check of the Statewide Murderer and Violent | ||||||
21 | Offender Against Youth Database, as authorized by the Murderer | ||||||
22 | and Violent Offender Against Youth Community Notification Law, | ||||||
23 | for each applicant.
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24 | (b)
Any information
concerning the record of convictions | ||||||
25 | obtained by the president of the
school board or the regional | ||||||
26 | superintendent shall be confidential and may
only be |
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1 | transmitted to the superintendent of the school district or his
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2 | designee, the appropriate regional superintendent if
the check | ||||||
3 | was
requested by the school district, the presidents of the | ||||||
4 | appropriate school
boards if
the check was requested from the | ||||||
5 | Department of State
Police by the regional superintendent, the | ||||||
6 | State Superintendent of
Education, the State Teacher | ||||||
7 | Certification Board, any other person
necessary to the decision | ||||||
8 | of hiring the applicant for employment, or for clarification | ||||||
9 | purposes the Department of State Police or Statewide Sex | ||||||
10 | Offender Database, or both. A copy
of the record of convictions | ||||||
11 | obtained from the Department of State Police
shall be provided | ||||||
12 | to the applicant for employment. Upon the check of the | ||||||
13 | Statewide Sex Offender Database, the school district or | ||||||
14 | regional superintendent shall notify an applicant as to whether | ||||||
15 | or not the applicant has been identified in the Database as a | ||||||
16 | sex offender. If a check of
an applicant for employment as a | ||||||
17 | substitute or concurrent part-time teacher
or concurrent | ||||||
18 | educational support personnel employee in more than one
school | ||||||
19 | district was requested by the regional superintendent, and the
| ||||||
20 | Department of State Police upon a check ascertains that the | ||||||
21 | applicant
has not been convicted of any of the enumerated | ||||||
22 | criminal or drug offenses
in subsection (c)
or has not been | ||||||
23 | convicted, within 7 years of the
application for
employment | ||||||
24 | with the
school district, of any other felony under the laws of | ||||||
25 | this State or of any
offense committed or attempted in any | ||||||
26 | other state or against the laws of
the United States that, if |
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1 | committed or attempted in this State, would
have been | ||||||
2 | punishable as a felony under the laws of this State
and so | ||||||
3 | notifies the regional
superintendent and if the regional | ||||||
4 | superintendent upon a check ascertains that the applicant has | ||||||
5 | not been identified in the Sex Offender Database as a sex | ||||||
6 | offender, then the
regional superintendent shall issue to the | ||||||
7 | applicant a certificate
evidencing that as of the date | ||||||
8 | specified by the Department of State Police
the applicant has | ||||||
9 | not been convicted of any of the enumerated criminal or
drug | ||||||
10 | offenses in subsection (c)
or has not been
convicted, within 7 | ||||||
11 | years of the application for employment with the
school | ||||||
12 | district, of any other felony under the laws of this State or | ||||||
13 | of any
offense committed or attempted in any other state or | ||||||
14 | against the laws of
the United States that, if committed or | ||||||
15 | attempted in this State, would
have been punishable as a felony | ||||||
16 | under the laws of this State and evidencing that as of the date | ||||||
17 | that the regional superintendent conducted a check of the | ||||||
18 | Statewide Sex Offender Database, the applicant has not been | ||||||
19 | identified in the Database as a sex offender. The school
board | ||||||
20 | of
any
school district
may rely on the
certificate issued by | ||||||
21 | any regional superintendent to that substitute teacher, | ||||||
22 | concurrent part-time teacher, or concurrent educational | ||||||
23 | support personnel employee or may
initiate its own criminal | ||||||
24 | history records check of the applicant through the Department | ||||||
25 | of
State Police and its own check of the Statewide Sex Offender | ||||||
26 | Database as provided in subsection (a). Any person who releases |
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1 | any
confidential information concerning any criminal | ||||||
2 | convictions of an
applicant for employment shall be guilty of a | ||||||
3 | Class A misdemeanor, unless
the release of such information is | ||||||
4 | authorized by this Section.
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5 | (c) No school board shall knowingly employ a person who has | ||||||
6 | been
convicted of any offense that would subject him or her to | ||||||
7 | license suspension or revocation pursuant to Section 21B-80 of | ||||||
8 | this Code.
Further, no school board shall knowingly employ a | ||||||
9 | person who has been found
to be the perpetrator of sexual or | ||||||
10 | physical abuse of any minor under 18 years
of age pursuant to | ||||||
11 | proceedings under Article II of the Juvenile Court Act of
1987.
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12 | (d) No school board shall knowingly employ a person for | ||||||
13 | whom a criminal
history records check and a Statewide Sex | ||||||
14 | Offender Database check has not been initiated.
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15 | (e) Upon receipt of the record of a conviction of or a | ||||||
16 | finding of child
abuse by a holder of any
certificate issued | ||||||
17 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School | ||||||
18 | Code, the
State Superintendent of Education may initiate | ||||||
19 | certificate suspension
and revocation proceedings as | ||||||
20 | authorized by law.
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21 | (e-5) The superintendent of the employing school board | ||||||
22 | shall, in writing, notify the State Superintendent of Education | ||||||
23 | and the applicable regional superintendent of schools of any | ||||||
24 | certificate holder whom he or she has reasonable cause to | ||||||
25 | believe has committed an intentional act of abuse or neglect | ||||||
26 | with the result of making a child an abused child or a |
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1 | neglected child, as defined in Section 3 of the Abused and | ||||||
2 | Neglected Child Reporting Act, and that act resulted in the | ||||||
3 | certificate holder's dismissal or resignation from the school | ||||||
4 | district. This notification must be submitted within 30 days | ||||||
5 | after the dismissal or resignation. The certificate holder must | ||||||
6 | also be contemporaneously sent a copy of the notice by the | ||||||
7 | superintendent. All correspondence, documentation, and other | ||||||
8 | information so received by the regional superintendent of | ||||||
9 | schools, the State Superintendent of Education, the State Board | ||||||
10 | of Education, or the State Teacher Certification Board under | ||||||
11 | this subsection (e-5) is confidential and must not be disclosed | ||||||
12 | to third parties, except (i) as necessary for the State | ||||||
13 | Superintendent of Education or his or her designee to | ||||||
14 | investigate and prosecute pursuant to Article 21 of this Code, | ||||||
15 | (ii) pursuant to a court order, (iii) for disclosure to the | ||||||
16 | certificate holder or his or her representative, or (iv) as | ||||||
17 | otherwise provided in this Article and provided that any such | ||||||
18 | information admitted into evidence in a hearing is exempt from | ||||||
19 | this confidentiality and non-disclosure requirement. Except | ||||||
20 | for an act of willful or wanton misconduct, any superintendent | ||||||
21 | who provides notification as required in this subsection (e-5) | ||||||
22 | shall have immunity from any liability, whether civil or | ||||||
23 | criminal or that otherwise might result by reason of such | ||||||
24 | action. | ||||||
25 | (f) After January 1, 1990 the provisions of this Section | ||||||
26 | shall apply
to all employees of persons or firms holding |
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1 | contracts with any school
district including, but not limited | ||||||
2 | to, food service workers, school bus
drivers and other | ||||||
3 | transportation employees, who have direct, daily contact
with | ||||||
4 | the pupils of any school in such district. For purposes of | ||||||
5 | criminal
history records checks and checks of the Statewide Sex | ||||||
6 | Offender Database on employees of persons or firms holding
| ||||||
7 | contracts with more than one school district and assigned to | ||||||
8 | more than one
school district, the regional superintendent of | ||||||
9 | the educational service
region in which the contracting school | ||||||
10 | districts are located may, at the
request of any such school | ||||||
11 | district, be responsible for receiving the
authorization for
a | ||||||
12 | criminal history records check prepared by each such employee | ||||||
13 | and
submitting the same to the Department of State Police and | ||||||
14 | for conducting a check of the Statewide Sex Offender Database | ||||||
15 | for each employee. Any information
concerning the record of | ||||||
16 | conviction and identification as a sex offender of any such | ||||||
17 | employee obtained by the
regional superintendent shall be | ||||||
18 | promptly reported to the president of the
appropriate school | ||||||
19 | board or school boards.
| ||||||
20 | (g) Beginning on July 1, 2014, the provisions of this | ||||||
21 | Section shall apply to all student teachers, as defined by | ||||||
22 | State Board of Education rule, assigned to public schools or | ||||||
23 | nonpublic schools recognized by the State Board of Education | ||||||
24 | pursuant to Section 2-3.25o of this Code. Student teachers | ||||||
25 | shall undergo a Department of State Police and Federal Bureau | ||||||
26 | of Investigation fingerprint-based criminal history records |
| |||||||
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1 | check. Authorization to conduct the criminal history records | ||||||
2 | check must be furnished by the student teacher to the State | ||||||
3 | Board of Education. The Department of State Police and the | ||||||
4 | Federal Bureau of Investigation shall furnish, pursuant to a | ||||||
5 | fingerprint-based criminal history records check, records of | ||||||
6 | convictions, until expunged, to the State Board of Education. | ||||||
7 | The State Board of Education shall maintain the records for a | ||||||
8 | period of one year and shall furnish the records to any school | ||||||
9 | district that requests them or the chief administrative officer | ||||||
10 | of the nonpublic school that requests them. The Department of | ||||||
11 | State Police shall charge a fee for conducting the check, which | ||||||
12 | fee must be deposited into the State Police Services Fund and | ||||||
13 | must not exceed the cost of the inquiry. The student teacher | ||||||
14 | shall be required to pay all fees associated with conducting | ||||||
15 | the criminal history records check, as well as any other | ||||||
16 | application fees as established by rule including, but not | ||||||
17 | limited to, the fee established by the Department of State | ||||||
18 | Police and the Federal Bureau of Investigation to process | ||||||
19 | fingerprint-based criminal history records checks. Results of | ||||||
20 | the check must also be furnished by the State Board of | ||||||
21 | Education to the higher education institution where the student | ||||||
22 | teacher is enrolled. No one may begin student teaching until | ||||||
23 | the results of the criminal history records check have been | ||||||
24 | returned to the State Board of Education. In order to student | ||||||
25 | teach in the public schools, a person is required to authorize | ||||||
26 | a fingerprint-based criminal history records check and checks |
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1 | of the Statewide Sex Offender Database and Statewide Murderer | ||||||
2 | and Violent Offender Against Youth Database prior to | ||||||
3 | participating in any field experiences in the public schools. | ||||||
4 | Authorization for and payment of the costs of the checks must | ||||||
5 | be furnished by the student teacher. Results of the checks must | ||||||
6 | be furnished to the higher education institution where the | ||||||
7 | student teacher is enrolled and the superintendent of the | ||||||
8 | school district where the student is assigned. | ||||||
9 | (h) Upon request of a school, school district, community | ||||||
10 | college district, or private school, any information obtained | ||||||
11 | by a school district pursuant to subsection (f) of this Section | ||||||
12 | within the last year must be made available to that school, | ||||||
13 | school district, community college district, or private | ||||||
14 | school. | ||||||
15 | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||||||
16 | 96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; | ||||||
17 | 97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
| ||||||
18 | (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5) | ||||||
19 | Sec. 34-18.5. Criminal history records checks and checks of | ||||||
20 | the Statewide Sex Offender Database and Statewide Murderer and | ||||||
21 | Violent Offender Against Youth Database. | ||||||
22 | (a) Certified and noncertified applicants for
employment | ||||||
23 | with the school district are required as a condition of
| ||||||
24 | employment to authorize a fingerprint-based criminal history | ||||||
25 | records check to determine if such applicants
have been |
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1 | convicted of any of the enumerated criminal or drug offenses in
| ||||||
2 | subsection (c) of this Section or have been
convicted, within 7 | ||||||
3 | years of the application for employment with the
school | ||||||
4 | district, of any other felony under the laws of this State or | ||||||
5 | of any
offense committed or attempted in any other state or | ||||||
6 | against the laws of
the United States that, if committed or | ||||||
7 | attempted in this State, would
have been punishable as a felony | ||||||
8 | under the laws of this State. Authorization
for
the
check shall
| ||||||
9 | be furnished by the applicant to the school district, except | ||||||
10 | that if the
applicant is a substitute teacher seeking | ||||||
11 | employment in more than one
school district, or a teacher | ||||||
12 | seeking concurrent part-time employment
positions with more | ||||||
13 | than one school district (as a reading specialist,
special | ||||||
14 | education teacher or otherwise), or an educational support
| ||||||
15 | personnel employee seeking employment positions with more than | ||||||
16 | one
district, any such district may require the applicant to | ||||||
17 | furnish
authorization for
the check to the regional | ||||||
18 | superintendent of the
educational service region in which are | ||||||
19 | located the school districts in
which the applicant is seeking | ||||||
20 | employment as a substitute or concurrent
part-time teacher or | ||||||
21 | concurrent educational support personnel employee.
Upon | ||||||
22 | receipt of this authorization, the school district or the | ||||||
23 | appropriate
regional superintendent, as the case may be, shall | ||||||
24 | submit the applicant's
name, sex, race, date of birth, social | ||||||
25 | security number, fingerprint images, and other identifiers, as | ||||||
26 | prescribed by the Department
of State Police, to the |
| |||||||
| |||||||
1 | Department. The regional
superintendent submitting the | ||||||
2 | requisite information to the Department of
State Police shall | ||||||
3 | promptly notify the school districts in which the
applicant is | ||||||
4 | seeking employment as a substitute or concurrent part-time
| ||||||
5 | teacher or concurrent educational support personnel employee | ||||||
6 | that
the
check of the applicant has been requested. The | ||||||
7 | Department of State
Police and the Federal Bureau of | ||||||
8 | Investigation shall furnish, pursuant to a fingerprint-based | ||||||
9 | criminal history records check, records of convictions, until | ||||||
10 | expunged, to the president of the school board for the school | ||||||
11 | district that requested the check, or to the regional | ||||||
12 | superintendent who requested the check. The
Department shall | ||||||
13 | charge
the school district
or the appropriate regional | ||||||
14 | superintendent a fee for
conducting
such check, which fee shall | ||||||
15 | be deposited in the State
Police Services Fund and shall not | ||||||
16 | exceed the cost of the inquiry; and the
applicant shall not be | ||||||
17 | charged a fee for
such check by the school
district or by the | ||||||
18 | regional superintendent. Subject to appropriations for these | ||||||
19 | purposes, the State Superintendent of Education shall | ||||||
20 | reimburse the school district and regional superintendent for | ||||||
21 | fees paid to obtain criminal history records checks under this | ||||||
22 | Section. | ||||||
23 | (a-5) The school district or regional superintendent shall | ||||||
24 | further perform a check of the Statewide Sex Offender Database, | ||||||
25 | as authorized by the Sex Offender Community Notification Law, | ||||||
26 | for each applicant. |
| |||||||
| |||||||
1 | (a-6) The school district or regional superintendent shall | ||||||
2 | further perform a check of the Statewide Murderer and Violent | ||||||
3 | Offender Against Youth Database, as authorized by the Murderer | ||||||
4 | and Violent Offender Against Youth Community Notification Law, | ||||||
5 | for each applicant. | ||||||
6 | (b) Any
information concerning the record of convictions | ||||||
7 | obtained by the president
of the board of education or the | ||||||
8 | regional superintendent shall be
confidential and may only be | ||||||
9 | transmitted to the general superintendent of
the school | ||||||
10 | district or his designee, the appropriate regional
| ||||||
11 | superintendent if
the check was requested by the board of | ||||||
12 | education
for the school district, the presidents of the | ||||||
13 | appropriate board of
education or school boards if
the check | ||||||
14 | was requested from the
Department of State Police by the | ||||||
15 | regional superintendent, the State
Superintendent of | ||||||
16 | Education, the State Teacher Certification Board or any
other | ||||||
17 | person necessary to the decision of hiring the applicant for
| ||||||
18 | employment. A copy of the record of convictions obtained from | ||||||
19 | the
Department of State Police shall be provided to the | ||||||
20 | applicant for
employment. Upon the check of the Statewide Sex | ||||||
21 | Offender Database, the school district or regional | ||||||
22 | superintendent shall notify an applicant as to whether or not | ||||||
23 | the applicant has been identified in the Database as a sex | ||||||
24 | offender. If a check of an applicant for employment as a
| ||||||
25 | substitute or concurrent part-time teacher or concurrent | ||||||
26 | educational
support personnel employee in more than one school |
| |||||||
| |||||||
1 | district was requested
by the regional superintendent, and the | ||||||
2 | Department of State Police upon
a check ascertains that the | ||||||
3 | applicant has not been convicted of any
of the enumerated | ||||||
4 | criminal or drug offenses in subsection (c)
or has not been
| ||||||
5 | convicted,
within 7 years of the application for employment | ||||||
6 | with the
school district, of any other felony under the laws of | ||||||
7 | this State or of any
offense committed or attempted in any | ||||||
8 | other state or against the laws of
the United States that, if | ||||||
9 | committed or attempted in this State, would
have been | ||||||
10 | punishable as a felony under the laws of this State and so
| ||||||
11 | notifies the regional superintendent and if the regional | ||||||
12 | superintendent upon a check ascertains that the applicant has | ||||||
13 | not been identified in the Sex Offender Database as a sex | ||||||
14 | offender, then the regional superintendent
shall issue to the | ||||||
15 | applicant a certificate evidencing that as of the date
| ||||||
16 | specified by the Department of State Police the applicant has | ||||||
17 | not been
convicted of any of the enumerated criminal or drug | ||||||
18 | offenses in subsection
(c)
or has not been
convicted, within 7 | ||||||
19 | years of the application for employment with the
school | ||||||
20 | district, of any other felony under the laws of this State or | ||||||
21 | of any
offense committed or attempted in any other state or | ||||||
22 | against the laws of
the United States that, if committed or | ||||||
23 | attempted in this State, would
have been punishable as a felony | ||||||
24 | under the laws of this State and evidencing that as of the date | ||||||
25 | that the regional superintendent conducted a check of the | ||||||
26 | Statewide Sex Offender Database, the applicant has not been |
| |||||||
| |||||||
1 | identified in the Database as a sex offender. The school
board | ||||||
2 | of any school district may rely on the certificate issued by | ||||||
3 | any regional
superintendent to that substitute teacher, | ||||||
4 | concurrent part-time teacher, or concurrent educational | ||||||
5 | support personnel employee
or may initiate its own criminal | ||||||
6 | history records check of
the applicant through the Department | ||||||
7 | of State Police and its own check of the Statewide Sex Offender | ||||||
8 | Database as provided in
subsection (a). Any person who releases | ||||||
9 | any confidential information
concerning any criminal | ||||||
10 | convictions of an applicant for employment shall be
guilty of a | ||||||
11 | Class A misdemeanor, unless the release of such information is
| ||||||
12 | authorized by this Section. | ||||||
13 | (c) The board of education shall not knowingly employ a | ||||||
14 | person who has
been convicted of any offense that would subject | ||||||
15 | him or her to license suspension or revocation pursuant to | ||||||
16 | Section 21B-80 of this Code.
Further, the board of education | ||||||
17 | shall not knowingly employ a person who has
been found to be | ||||||
18 | the perpetrator of sexual or physical abuse of any minor under
| ||||||
19 | 18 years of age pursuant to proceedings under Article II of the | ||||||
20 | Juvenile Court
Act of 1987. | ||||||
21 | (d) The board of education shall not knowingly employ a | ||||||
22 | person for whom
a criminal history records check and a | ||||||
23 | Statewide Sex Offender Database check has not been initiated. | ||||||
24 | (e) Upon receipt of the record of a conviction of or a | ||||||
25 | finding of child
abuse by a holder of any
certificate issued | ||||||
26 | pursuant to Article 21 or Section 34-8.1 or 34-83 of the
School |
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| |||||||
1 | Code, the State Superintendent of
Education may initiate | ||||||
2 | certificate suspension and revocation
proceedings as | ||||||
3 | authorized by law. | ||||||
4 | (e-5) The general superintendent of schools shall, in | ||||||
5 | writing, notify the State Superintendent of Education of any | ||||||
6 | certificate holder whom he or she has reasonable cause to | ||||||
7 | believe has committed an intentional act of abuse or neglect | ||||||
8 | with the result of making a child an abused child or a | ||||||
9 | neglected child, as defined in Section 3 of the Abused and | ||||||
10 | Neglected Child Reporting Act, and that act resulted in the | ||||||
11 | certificate holder's dismissal or resignation from the school | ||||||
12 | district. This notification must be submitted within 30 days | ||||||
13 | after the dismissal or resignation. The certificate holder must | ||||||
14 | also be contemporaneously sent a copy of the notice by the | ||||||
15 | superintendent. All correspondence, documentation, and other | ||||||
16 | information so received by the State Superintendent of | ||||||
17 | Education, the State Board of Education, or the State Teacher | ||||||
18 | Certification Board under this subsection (e-5) is | ||||||
19 | confidential and must not be disclosed to third parties, except | ||||||
20 | (i) as necessary for the State Superintendent of Education or | ||||||
21 | his or her designee to investigate and prosecute pursuant to | ||||||
22 | Article 21 of this Code, (ii) pursuant to a court order, (iii) | ||||||
23 | for disclosure to the certificate holder or his or her | ||||||
24 | representative, or (iv) as otherwise provided in this Article | ||||||
25 | and provided that any such information admitted into evidence | ||||||
26 | in a hearing is exempt from this confidentiality and |
| |||||||
| |||||||
1 | non-disclosure requirement. Except for an act of willful or | ||||||
2 | wanton misconduct, any superintendent who provides | ||||||
3 | notification as required in this subsection (e-5) shall have | ||||||
4 | immunity from any liability, whether civil or criminal or that | ||||||
5 | otherwise might result by reason of such action. | ||||||
6 | (f) After March 19, 1990, the provisions of this Section | ||||||
7 | shall apply to
all employees of persons or firms holding | ||||||
8 | contracts with any school district
including, but not limited | ||||||
9 | to, food service workers, school bus drivers and
other | ||||||
10 | transportation employees, who have direct, daily contact with | ||||||
11 | the
pupils of any school in such district. For purposes of | ||||||
12 | criminal history records checks and checks of the Statewide Sex | ||||||
13 | Offender Database on employees of persons or firms holding | ||||||
14 | contracts with more
than one school district and assigned to | ||||||
15 | more than one school district, the
regional superintendent of | ||||||
16 | the educational service region in which the
contracting school | ||||||
17 | districts are located may, at the request of any such
school | ||||||
18 | district, be responsible for receiving the authorization for
a | ||||||
19 | criminal history records check prepared by each such employee | ||||||
20 | and submitting the same to the
Department of State Police and | ||||||
21 | for conducting a check of the Statewide Sex Offender Database | ||||||
22 | for each employee. Any information concerning the record of
| ||||||
23 | conviction and identification as a sex offender of any such | ||||||
24 | employee obtained by the regional superintendent
shall be | ||||||
25 | promptly reported to the president of the appropriate school | ||||||
26 | board
or school boards. |
| |||||||
| |||||||
1 | (g) Beginning on July 1, 2014, the provisions of this | ||||||
2 | Section shall apply to all student teachers, as defined by | ||||||
3 | State Board of Education rule, assigned to public schools. | ||||||
4 | Student teachers shall undergo a Department of State Police and | ||||||
5 | Federal Bureau of Investigation fingerprint-based criminal | ||||||
6 | history records check. Authorization to conduct the criminal | ||||||
7 | history records check must be furnished by the student teacher | ||||||
8 | to the State Board of Education. The Department of State Police | ||||||
9 | and the Federal Bureau of Investigation shall furnish, pursuant | ||||||
10 | to a fingerprint-based criminal history records check, records | ||||||
11 | of convictions, until expunged, to the State Board of | ||||||
12 | Education. The State Board of Education shall maintain the | ||||||
13 | records for a period of one year and shall furnish the records | ||||||
14 | to any school that requested the check or the chief | ||||||
15 | administrative officer of the nonpublic school that requested | ||||||
16 | the check. The Department of State Police shall charge a fee | ||||||
17 | for conducting the check, which fee must be deposited into the | ||||||
18 | State Police Services Fund and must not exceed the cost of the | ||||||
19 | inquiry. The student teacher shall be required to pay all fees | ||||||
20 | associated with conducting the criminal history records check, | ||||||
21 | as well as any other application fees as established by rule | ||||||
22 | including, but not limited to, the fee established by the | ||||||
23 | Department of State Police and the Federal Bureau of | ||||||
24 | Investigation to process fingerprint-based criminal history | ||||||
25 | records checks. Results of the check must also be furnished by | ||||||
26 | the State Board of Education to the higher education |
| |||||||
| |||||||
1 | institution where the student teacher is enrolled. No one may | ||||||
2 | begin student teaching until the results of the criminal | ||||||
3 | history records check have been returned to the State Board of | ||||||
4 | Education. In order to student teach in the public schools, a | ||||||
5 | person is required to authorize a fingerprint-based criminal | ||||||
6 | history records check and checks of the Statewide Sex Offender | ||||||
7 | Database and Statewide Murderer and Violent Offender Against | ||||||
8 | Youth Database prior to participating in any field experiences | ||||||
9 | in the public schools. Authorization for and payment of the | ||||||
10 | costs of the checks must be furnished by the student teacher. | ||||||
11 | Results of the checks must be furnished to the higher education | ||||||
12 | institution where the student teacher is enrolled and the | ||||||
13 | general superintendent of schools. | ||||||
14 | (h) Upon request of a school, school district, community | ||||||
15 | college district, or private school, any information obtained | ||||||
16 | by the school district pursuant to subsection (f) of this | ||||||
17 | Section within the last year must be made available to that | ||||||
18 | school, school district, community college district, or | ||||||
19 | private school. | ||||||
20 | (Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10; | ||||||
21 | 97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11; | ||||||
22 | 97-813, eff. 7-13-12.)
|