HB0494 Engrossed LRB099 04171 NHT 24192 b
1		AN ACT concerning education.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The School Code is amended by changing Sections
5		2-3.25o, 10-21.9, 21B-80, and 34-18.5 as follows:
6		(105 ILCS 5/2-3.25o)
7		Sec. 2-3.25o. Registration and recognition of non-public
8		elementary and secondary schools.
9		(a) Findings. The General Assembly finds and declares (i)
10		that the Constitution of the State of Illinois provides that a
11		"fundamental goal of the People of the State is the educational
12		development of all persons to the limits of their capacities"
13		and (ii) that the educational development of every school
14		student serves the public purposes of the State. In order to
15		ensure that all Illinois students and teachers have the
16		opportunity to enroll and work in State-approved educational
17		institutions and programs, the State Board of Education shall
18		provide for the voluntary registration and recognition of
19		non-public elementary and secondary schools.
20		(b) Registration. All non-public elementary and secondary
21		schools in the State of Illinois may voluntarily register with
22		the State Board of Education on an annual basis. Registration
23		shall be completed in conformance with procedures prescribed by

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1		the State Board of Education. Information required for
2		registration shall include assurances of compliance (i) with
3		federal and State laws regarding health examination and
4		immunization, attendance, length of term, and
5		nondiscrimination and (ii) with applicable fire and health
6		safety requirements.
7		(c) Recognition. All non-public elementary and secondary
8		schools in the State of Illinois may voluntarily seek the
9		status of "Non-public School Recognition" from the State Board
10		of Education. This status may be obtained by compliance with
11		administrative guidelines and review procedures as prescribed
12		by the State Board of Education. The guidelines and procedures
13		must recognize that some of the aims and the financial bases of
14		non-public schools are different from public schools and will
15		not be identical to those for public schools, nor will they be
16		more burdensome. The guidelines and procedures must also
17		recognize the diversity of non-public schools and shall not
18		impinge upon the noneducational relationships between those
19		schools and their clientele.
20		(c-5) Prohibition against recognition. A non-public
21		elementary or secondary school may not obtain "Non-public
22		School Recognition" status unless the school requires all
23		certified and non-certified applicants for employment with the
24		school, after July 1, 2007, to authorize a fingerprint-based
25		criminal history records check as a condition of employment to
26		determine if such applicants have been convicted of any of the

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1		enumerated criminal or drug offenses set forth in Section
2		21B-80 21-23a of this Code or have been convicted, within 7
3		years of the application for employment, of any other felony
4		under the laws of this State or of any offense committed or
5		attempted in any other state or against the laws of the United
6		States that, if committed or attempted in this State, would
7		have been punishable as a felony under the laws of this State.
8		A conviction for a felony more than 7 years prior to
9		application for employment with the school, other than those
10		enumerated in Section 21B-80 of this Code, must not, in and of
11		itself, be an automatic bar to employment. A conviction for a
12		felony less than 7 years prior to employment, other than those
13		enumerated in Section 21B-80 of this Code, is reviewable by the
14		employer in accordance with its stated policy.
15		Authorization for the check shall be furnished by the
16		applicant to the school, except that if the applicant is a
17		substitute teacher seeking employment in more than one
18		non-public school, a teacher seeking concurrent part-time
19		employment positions with more than one non-public school (as a
20		reading specialist, special education teacher, or otherwise),
21		or an educational support personnel employee seeking
22		employment positions with more than one non-public school, then
23		only one of the non-public schools employing the individual
24		shall request the authorization. Upon receipt of this
25		authorization, the non-public school shall submit the
26		applicant's name, sex, race, date of birth, social security

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1		number, fingerprint images, and other identifiers, as
2		prescribed by the Department of State Police, to the Department
3		of State Police.
4		The Department of State Police and Federal Bureau of
5		Investigation shall furnish, pursuant to a fingerprint-based
6		criminal history records check, records of convictions,
7		forever and hereafter, until expunged, to the president or
8		principal of the non-public school that requested the check.
9		The Department of State Police shall charge that school a fee
10		for conducting such check, which fee must be deposited into the
11		State Police Services Fund and must not exceed the cost of the
12		inquiry. Subject to appropriations for these purposes, the
13		State Superintendent of Education shall reimburse non-public
14		schools for fees paid to obtain criminal history records checks
15		under this Section.
16		A non-public school may not obtain recognition status
17		unless the school also performs a check of the Statewide Sex
18		Offender Database, as authorized by the Sex Offender Community
19		Notification Law, for each applicant for employment, after July
20		1, 2007, to determine whether the applicant has been
21		adjudicated a sex offender.
22		Any information concerning the record of convictions
23		obtained by a non-public school's president or principal under
24		this Section is confidential and may be disseminated only to
25		the governing body of the non-public school or any other person
26		necessary to the decision of hiring the applicant for

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1		employment. A copy of the record of convictions obtained from
2		the Department of State Police shall be provided to the
3		applicant for employment. Upon a check of the Statewide Sex
4		Offender Database, the non-public school shall notify the
5		applicant as to whether or not the applicant has been
6		identified in the Sex Offender Database as a sex offender. Any
7		information concerning the records of conviction obtained by
8		the non-public school's president or principal under this
9		Section for a substitute teacher seeking employment in more
10		than one non-public school, a teacher seeking concurrent
11		part-time employment positions with more than one non-public
12		school (as a reading specialist, special education teacher, or
13		otherwise), or an educational support personnel employee
14		seeking employment positions with more than one non-public
15		school may be shared with another non-public school's principal
16		or president to which the applicant seeks employment. Any
17		person who releases any criminal history record information
18		concerning an applicant for employment is guilty of a Class A
19		misdemeanor and may be subject to prosecution under federal
20		law, unless the release of such information is authorized by
21		this Section.
22		No non-public school may obtain recognition status that
23		knowingly employs a person, hired after July 1, 2007, for whom
24		a Department of State Police and Federal Bureau of
25		Investigation fingerprint-based criminal history records check
26		and a Statewide Sex Offender Database check has not been

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1		initiated or who has been convicted of any offense enumerated
2		in Section 21B-80 of this Code or any offense committed or
3		attempted in any other state or against the laws of the United
4		States that, if committed or attempted in this State, would
5		have been punishable as one or more of those offenses. No
6		non-public school may obtain recognition status under this
7		Section that knowingly employs a person who has been found to
8		be the perpetrator of sexual or physical abuse of a minor under
9		18 years of age pursuant to proceedings under Article II of the
10		Juvenile Court Act of 1987.
11		In order to obtain recognition status under this Section, a
12		non-public school must require compliance with the provisions
13		of this subsection (c-5) from all employees of persons or firms
14		holding contracts with the school, including, but not limited
15		to, food service workers, school bus drivers, and other
16		transportation employees, who have direct, daily contact with
17		pupils. Any information concerning the records of conviction or
18		identification as a sex offender of any such employee obtained
19		by the non-public school principal or president must be
20		promptly reported to the school's governing body.
21		(d) Public purposes. The provisions of this Section are in
22		the public interest, for the public benefit, and serve secular
23		public purposes.
24		(e) Definition. For purposes of this Section, a non-public
25		school means any non-profit, non-home-based, and non-public
26		elementary or secondary school that is in compliance with Title

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1		VI of the Civil Rights Act of 1964 and attendance at which
2		satisfies the requirements of Section 26-1 of this Code.
3		(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
4		(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
5		Sec. 10-21.9. Criminal history records checks and checks of
6		the Statewide Sex Offender Database and Statewide Murderer and
7		Violent Offender Against Youth Database.
8		(a) Certified and noncertified applicants for employment
9		with a school district, except school bus driver applicants,
10		are required as a condition of employment to authorize a
11		fingerprint-based criminal history records check to determine
12		if such applicants have been convicted of any of the enumerated
13		criminal or drug offenses in subsection (c) of this Section or
14		have been convicted, within 7 years of the application for
15		employment with the school district, of any other felony under
16		the laws of this State or of any offense committed or attempted
17		in any other state or against the laws of the United States
18		that, if committed or attempted in this State, would have been
19		punishable as a felony under the laws of this State. A
20		conviction for a felony more than 7 years prior to application
21		for employment with the school district, other than those
22		enumerated in Section 21B-80 of this Code, must not, in and of
23		itself, be an automatic bar to employment. A conviction for a
24		felony less than 7 years prior to employment, other than those
25		enumerated in Section 21B-80 of this Code, is reviewable by the

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

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

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

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

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1		initiate its own criminal history records check of the
2		applicant through the Department of State Police and its own
3		check of the Statewide Sex Offender Database as provided in
4		subsection (a). Any person who releases any confidential
5		information concerning any criminal convictions of an
6		applicant for employment shall be guilty of a Class A
7		misdemeanor, unless the release of such information is
8		authorized by this Section.
9		(c) No school board shall knowingly employ a person who has
10		been convicted of any offense that would subject him or her to
11		license suspension or revocation pursuant to Section 21B-80 of
12		this Code. Further, no school board shall knowingly employ a
13		person who has been found to be the perpetrator of sexual or
14		physical abuse of any minor under 18 years of age pursuant to
15		proceedings under Article II of the Juvenile Court Act of 1987.
16		(d) No school board shall knowingly employ a person for
17		whom a criminal history records check and a Statewide Sex
18		Offender Database check has not been initiated.
19		(e) Upon receipt of the record of a conviction of or a
20		finding of child abuse by a holder of any certificate issued
21		pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
22		Code, the State Superintendent of Education may initiate
23		certificate suspension and revocation proceedings as
24		authorized by law.
25		(e-5) The superintendent of the employing school board
26		shall, in writing, notify the State Superintendent of Education

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

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1		criminal or that otherwise might result by reason of such
2		action.
3		(f) After January 1, 1990 the provisions of this Section
4		shall apply to all employees of persons or firms holding
5		contracts with any school district including, but not limited
6		to, food service workers, school bus drivers and other
7		transportation employees, who have direct, daily contact with
8		the pupils of any school in such district. For purposes of
9		criminal history records checks and checks of the Statewide Sex
10		Offender Database on employees of persons or firms holding
11		contracts with more than one school district and assigned to
12		more than one school district, the regional superintendent of
13		the educational service region in which the contracting school
14		districts are located may, at the request of any such school
15		district, be responsible for receiving the authorization for a
16		criminal history records check prepared by each such employee
17		and submitting the same to the Department of State Police and
18		for conducting a check of the Statewide Sex Offender Database
19		for each employee. Any information concerning the record of
20		conviction and identification as a sex offender of any such
21		employee obtained by the regional superintendent shall be
22		promptly reported to the president of the appropriate school
23		board or school boards.
24		(g) In order to student teach in the public schools, a
25		person is required to authorize a fingerprint-based criminal
26		history records check and checks of the Statewide Sex Offender

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1		Database and Statewide Murderer and Violent Offender Against
2		Youth Database prior to participating in any field experiences
3		in the public schools. Authorization for and payment of the
4		costs of the checks must be furnished by the student teacher.
5		Results of the checks must be furnished to the higher education
6		institution where the student teacher is enrolled and the
7		superintendent of the school district where the student is
8		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 5/21B-80)
19		Sec. 21B-80. Conviction of certain offenses as grounds for
20		disqualification for employment or licensure or revocation of a
21		license.
22		(a) As used in this Section:
23		"Drug Narcotics offense" means any one or more of the
24		following offenses:
25		(1) Any offense defined in the Cannabis Control Act,

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1		except those defined in subdivisions (a), and (b), and (c)
2		of Section 4 and subdivisions subdivision (a) and (b) of
3		Section 5 of the Cannabis Control Act and any offense for
4		which the holder of a license is placed on probation under
5		the provisions of Section 10 of the Cannabis Control Act,
6		provided that if the terms and conditions of probation
7		required by the court are not fulfilled, the offense is not
8		eligible for this exception.
9		(2) Any offense defined in the Illinois Controlled
10		Substances Act, except any offense for which the holder of
11		a license is placed on probation under the provisions of
12		Section 410 of the Illinois Controlled Substances Act,
13		provided that if the terms and conditions of probation
14		required by the court are not fulfilled, the offense is not
15		eligible for this exception.
16		(3) Any offense defined in the Methamphetamine Control
17		and Community Protection Act, except any offense for which
18		the holder of a license is placed on probation under the
19		provision of Section 70 of that Act, provided that if the
20		terms and conditions of probation required by the court are
21		not fulfilled, the offense is not eligible for this
22		exception.
23		(4) Any attempt to commit any of the offenses listed in
24		items (1) through (3) of this definition.
25		(5) Any offense committed or attempted in any other
26		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 one or more of the offenses listed in items
3		(1) through (4) of this definition.
4		The changes made by Public Act 96-431 to this the definition of
5		"narcotics offense" are declaratory of existing law.
6		"Sex offense" means any one or more of the following
7		offenses:
8		(A) Any offense defined in Sections 11-6, 11-9 through
9		11-9.5, inclusive, and 11-30 (if punished as a Class 4
10		felony) , of the Criminal Code of 1961 or the Criminal Code
11		of 2012; Sections 11-14.1 11-14 through 11-21, inclusive,
12		of the Criminal Code of 1961 or the Criminal Code of 2012;
13		Sections 11-23 (if punished as a Class 3 felony), 11-24,
14		11-25, and 11-26 of the Criminal Code of 1961 or the
15		Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
16		11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1,
17		12-15, 12-16, 12-32, 12-33, and 12C-45 of the Criminal Code
18		of 1961 or the Criminal Code of 2012.
19		(B) Any attempt to commit any of the offenses listed in
20		item (A) of this definition.
21		(C) Any offense committed or attempted in any other
22		state that, if committed or attempted in this State, would
23		have been punishable as one or more of the offenses listed
24		in items (A) and (B) of this definition.
25		(a-5) Any conviction for a drug offense shall act as an
26		automatic bar to employment and licensure for a period of 7

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1		years following the end of the sentence for the criminal
2		offense. As used in this subsection (a-5), "sentence" includes
3		any period of supervision or probation that was imposed either
4		alone or in combination with a period of incarceration. After
5		that, the conviction may be reviewed for employment or
6		licensure.
7		(b) Whenever the holder of any license issued pursuant to
8		this Article or applicant for a license to be issued pursuant
9		to this Article has been convicted of any sex offense or drug
10		narcotics offense, the State Superintendent of Education shall
11		forthwith suspend the license or deny the application,
12		whichever is applicable. If the conviction is reversed and the
13		holder is acquitted of the offense in a new trial or the
14		charges against him or her are dismissed, the State
15		Superintendent of Education shall forthwith terminate the
16		suspension of the license. When the conviction becomes final,
17		the State Superintendent of Education shall forthwith revoke
18		the license.
19		(c) Whenever the holder of a license issued pursuant to
20		this Article or applicant for a license to be issued pursuant
21		to this Article has been convicted of attempting to commit,
22		conspiring to commit, soliciting, or committing first degree
23		murder or a Class X felony or any offense committed or
24		attempted in any other state or against the laws of the United
25		States that, if committed or attempted in this State, would
26		have been punishable as one or more of the foregoing offenses,

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1		the State Superintendent of Education shall forthwith suspend
2		the license or deny the application, whichever is applicable.
3		If the conviction is reversed and the holder is acquitted of
4		that offense in a new trial or the charges that he or she
5		committed that offense are dismissed, the State Superintendent
6		of Education shall forthwith terminate the suspension of the
7		license. When the conviction becomes final, the State
8		Superintendent of Education shall forthwith revoke the
9		license.
10		(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
11		7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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
14		the Statewide Sex Offender Database and Statewide Murderer and
15		Violent Offender Against Youth Database.
16		(a) Certified and noncertified applicants for employment
17		with the school district are required as a condition of
18		employment to authorize a fingerprint-based criminal history
19		records check to determine if such applicants have been
20		convicted of any of the enumerated criminal or drug offenses in
21		subsection (c) of this Section or have been convicted, within 7
22		years of the application for employment with the school
23		district, of any other felony under the laws of this State or
24		of any offense committed or attempted in any other state or
25		against the laws of the United States that, if committed or

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1		attempted in this State, would have been punishable as a felony
2		under the laws of this State. A conviction for a felony more
3		than 7 years prior to application for employment with the
4		school district, other than those enumerated in Section 21B-80
5		of this Code, must not, in and of itself, be an automatic bar
6		to employment. A conviction for a felony less than 7 years
7		prior to employment, other than those enumerated in Section
8		21B-80 of this Code, is reviewable by the employer in
9		accordance with its stated policy. Authorization for the check
10		shall be furnished by the applicant to the school district,
11		except that if the applicant is a substitute teacher seeking
12		employment in more than one school district, or a teacher
13		seeking concurrent part-time employment positions with more
14		than one school district (as a reading specialist, special
15		education teacher or otherwise), or an educational support
16		personnel employee seeking employment positions with more than
17		one district, any such district may require the applicant to
18		furnish authorization for the check to the regional
19		superintendent of the educational service region in which are
20		located the school districts in which the applicant is seeking
21		employment as a substitute or concurrent part-time teacher or
22		concurrent educational support personnel employee. Upon
23		receipt of this authorization, the school district or the
24		appropriate regional superintendent, as the case may be, shall
25		submit the applicant's name, sex, race, date of birth, social
26		security number, fingerprint images, and other identifiers, as

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

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1		for each applicant.
2		(a-6) The school district or regional superintendent shall
3		further perform a check of the Statewide Murderer and Violent
4		Offender Against Youth Database, as authorized by the Murderer
5		and Violent Offender Against Youth Community Notification Law,
6		for each applicant.
7		(b) Any information concerning the record of convictions
8		obtained by the president of the board of education or the
9		regional superintendent shall be confidential and may only be
10		transmitted to the general superintendent of the school
11		district or his designee, the appropriate regional
12		superintendent if the check was requested by the board of
13		education for the school district, the presidents of the
14		appropriate board of education or school boards if the check
15		was requested from the Department of State Police by the
16		regional superintendent, the State Superintendent of
17		Education, the State Teacher Certification Board or any other
18		person necessary to the decision of hiring the applicant for
19		employment. A copy of the record of convictions obtained from
20		the Department of State Police shall be provided to the
21		applicant for employment. Upon the check of the Statewide Sex
22		Offender Database, the school district or regional
23		superintendent shall notify an applicant as to whether or not
24		the applicant has been identified in the Database as a sex
25		offender. If a check of an applicant for employment as a
26		substitute or concurrent part-time teacher or concurrent

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

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1		conducted a check of the Statewide Sex Offender Database, the
2		applicant has not been identified in the Database as a sex
3		offender. The school board of any school district may rely on
4		the certificate issued by any regional superintendent to that
5		substitute teacher, concurrent part-time teacher, or
6		concurrent educational support personnel employee or may
7		initiate its own criminal history records check of the
8		applicant through the Department of State Police and its own
9		check of the Statewide Sex Offender Database as provided in
10		subsection (a). Any person who releases any confidential
11		information concerning any criminal convictions of an
12		applicant for employment shall be guilty of a Class A
13		misdemeanor, unless the release of such information is
14		authorized by this Section.
15		(c) The board of education shall not knowingly employ a
16		person who has been convicted of any offense that would subject
17		him or her to license suspension or revocation pursuant to
18		Section 21B-80 of this Code. Further, the board of education
19		shall not knowingly employ a person who has been found to be
20		the perpetrator of sexual or physical abuse of any minor under
21		18 years of age pursuant to proceedings under Article II of the
22		Juvenile Court Act of 1987.
23		(d) The board of education shall not knowingly employ a
24		person for whom a criminal history records check and a
25		Statewide Sex Offender Database check has not been initiated.
26		(e) Upon receipt of the record of a conviction of or a

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

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

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1		promptly reported to the president of the appropriate school
2		board or school boards.
3		(g) In order to student teach in the public schools, a
4		person is required to authorize a fingerprint-based criminal
5		history records check and checks of the Statewide Sex Offender
6		Database and Statewide Murderer and Violent Offender Against
7		Youth Database prior to participating in any field experiences
8		in the public schools. Authorization for and payment of the
9		costs of the checks must be furnished by the student teacher.
10		Results of the checks must be furnished to the higher education
11		institution where the student teacher is enrolled and the
12		general superintendent of schools.
13		(h) Upon request of a school, school district, community
14		college district, or private school, any information obtained
15		by the school district pursuant to subsection (f) of this
16		Section within the last year must be made available to that
17		school, school district, community college district, or
18		private school.
19		(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
20		97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
21		97-813, eff. 7-13-12.)
22		Section 99. Effective date. This Act takes effect upon
23		becoming law.