Bill Amendment: IL HB4896 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: SCH CD-SEXUAL MISCONDUCT

Status: 2025-01-07 - Session Sine Die [HB4896 Detail]

Download: Illinois-2023-HB4896-House_Amendment_001.html

---

Rep. Michelle Mussman

Filed: 3/27/2024

10300HB4896ham001 LRB103 37153 RJT 71348 a
AMENDMENT TO HOUSE BILL 4896
AMENDMENT NO. ______. Amend House Bill 4896 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing
Sections 22-85.5 and 22-94 as follows:
(105 ILCS 5/22-85.5)
Sec. 22-85.5. Sexual misconduct in schools.
(a) This Section applies beginning on July 1, 2022.
(b) The General Assembly finds that:
(1) the success of students in school relies on safe
learning environments and healthy relationships with
school personnel;
(2) it is important for staff to maintain a
professional relationship with students at all times and
to define staff-student boundaries to protect students
from sexual misconduct by staff and staff from the

10300HB4896ham001 - 2 - LRB103 37153 RJT 71348 a
appearance of impropriety;
(3) many breaches of staff-student boundaries do not
rise to the level of criminal behavior but do pose a
potential risk to student safety;
(4) repeated violations of staff–student boundaries
can indicate the grooming of a student for sexual abuse;
(5) it is necessary to uphold the State Board of
Education's Code of Ethics for Illinois Educators and for
each school district, charter school, or nonpublic school
to have an employee code of professional conduct policy;
(6) each school district, charter school, or nonpublic
school must have the ability to discipline educators for
breaches of its employee code of professional conduct
policy;
(7) each school district, charter school, or nonpublic
school must have the ability to know if any of its
educators have violated professional staff–student
boundaries in previous employment; and
(8) as bystanders, educators may have knowledge of
concerning behaviors that no one else is aware of, so they
need adequate training on sexual abuse, the employee code
of professional conduct policy, and federal and State
reporting requirements.
(c) In this Section, "sexual misconduct" means any act,
including, but not limited to, any verbal, nonverbal, written,
or electronic communication or physical activity, by an

10300HB4896ham001 - 3 - LRB103 37153 RJT 71348 a
employee or agent of the school district, charter school, or
nonpublic school with direct contact with a student that is
directed toward or with a student to establish a romantic or
sexual relationship with the student. Such an act includes,
but is not limited to, any of the following:
(1) A sexual or romantic invitation.
(2) Dating or soliciting a date.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments that are
directed toward or with a student.
(5) Self-disclosure or physical exposure of a sexual,
romantic, or erotic nature.
(6) A sexual, indecent, romantic, or erotic contact
with the student.
(d) To prevent sexual misconduct with students, each
school district, charter school, or nonpublic school shall
develop an employee code of professional conduct policy that
addresses all of the following:
(1) Incorporates the Code of Ethics for Illinois
Educators.
(2) Incorporates the definition of "sexual misconduct"
in this Section.
(3) Identifies the expectations for employees and
agents of the school district, charter school, or
nonpublic school regarding how to maintain a professional
relationship with students, including the expectations for

10300HB4896ham001 - 4 - LRB103 37153 RJT 71348 a
staff-student boundaries, recognizing the age and
developmental level of the students served, and
establishes guidelines for all of the following
situations:
(A) Transporting a student.
(B) Taking or possessing a photo or a video of a
student.
(C) Meeting with a student or contacting a student
outside of the employee's or agent's professional
role.
(4) References the employee reporting requirements
required under the Abused and Neglected Child Reporting
Act and under Title IX of the federal Education Amendments
of 1972.
(5) References required employee training that is
related to child abuse and educator ethics that are
applicable under State and federal law.
(e) The employee code of professional conduct policy,
guidelines established for all of the situations identified in
paragraph (3) of subsection (d), and all available methods for
how to report staff-student boundary violations within a
school and to external agencies must be posted on the website,
if any, of each school district, charter school, or nonpublic
school and must be included in any staff, student, and or
parent handbook provided by the school district, charter
school, or nonpublic, nonsectarian elementary or secondary

10300HB4896ham001 - 5 - LRB103 37153 RJT 71348 a
school.
(f) A violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment. Failure to
report a violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.)
(105 ILCS 5/22-94)
Sec. 22-94. Employment history review.
(a) This Section applies to all permanent and temporary
positions for employment with a school or a contractor of a
school involving direct contact with children or students.
(b) In this Section:
"Contractor" means firms holding contracts with any school
including, but not limited to, food service workers, school
bus drivers and other transportation employees, who have
direct contact with children or students.
"Direct contact with children or students" means the
possibility of care, supervision, guidance, or control of
children or students or routine interaction with children or
students.
"School" means a public or nonpublic elementary or
secondary school.
"Sexual misconduct" has the meaning ascribed to it in

10300HB4896ham001 - 6 - LRB103 37153 RJT 71348 a
subsection (c) of Section 22-85.5 of this Code.
(c) Prior to hiring an applicant to work directly with
children or students, a school or contractor must ensure that
the following criteria are met:
(1) the school or contractor has no knowledge or
information pertaining to the applicant that would
disqualify the applicant from employment;
(2) the applicant swears or affirms that the applicant
is not disqualified from employment;
(3) using the template developed by the State Board of
Education, the applicant provides all of the following:
(A) a list, including the name, address, telephone
number, and other relevant contact information of the
following:
(i) the applicant's current employer if the
applicant has direct contact with children or
students at the applicant's current employer;
(ii) all former employers of the applicant
that were schools or school contractors, as well
as all former employers at which the applicant had
direct contact with children or students;
(B) A written authorization that consents to and
authorizes disclosure by the applicant's current and
former employers under subparagraph (A) of this
paragraph (3) of the information requested under
paragraph (4) of this subsection (c) and the release

10300HB4896ham001 - 7 - LRB103 37153 RJT 71348 a
of related records and that releases those employers
from any liability that may arise from such disclosure
or release of records pursuant to subsection (e).
(C) A written statement of whether the applicant:
(i) has been the subject of a sexual
misconduct allegation, unless a subsequent
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated;
(ii) has ever been discharged from, been asked
to resign from, resigned from, or otherwise been
separated from any employment, has ever been
disciplined by an employer, or has ever had an
employment contract not renewed due to an
adjudication or finding of sexual misconduct or
while an allegation of sexual misconduct was
pending or under investigation, unless the
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated; or
(iii) has ever had a license or certificate
suspended, surrendered, or revoked or had an
application for licensure, approval, or
endorsement denied due to an adjudication or
finding of sexual misconduct or while an
allegation of sexual misconduct was pending or

10300HB4896ham001 - 8 - LRB103 37153 RJT 71348 a
under investigation, unless the investigation
resulted in a finding that the allegation was
false, unfounded, or unsubstantiated.
(4) The school, or contractor, or regional office of
education or intermediate service center on behalf of a
school district, pursuant to paragraph (1.5) of subsection
(i), shall initiate a review of the employment history of
the applicant by contacting those employers listed by the
applicant under subparagraph (A) of paragraph (3) of this
subsection (c) and, using the template developed by the
State Board of Education, request all of the following
information:
(A) the dates of employment of the applicant;
(B) a statement as to whether the applicant:
(i) has been the subject of a sexual
misconduct allegation, unless a subsequent
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated;
(ii) was discharged from, was asked to resign
from, resigned from, or was otherwise separated
from any employment, was disciplined by the
employer, or had an employment contract not
renewed due to an adjudication or finding of
sexual misconduct or while an allegation of sexual
misconduct was pending or under investigation,

10300HB4896ham001 - 9 - LRB103 37153 RJT 71348 a
unless the investigation resulted in a finding
that the allegation was false, unfounded, or
unsubstantiated; or
(iii) has ever had a license or certificate
suspended, surrendered, or revoked due to an
adjudication or finding of sexual misconduct or
while an allegation of sexual misconduct was
pending or under investigation, unless the
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated.
(C) The template shall include the following
option: if the employer does not have records or
evidence regarding the questions in items (i) through
(iii) of subparagraph (B) of paragraph (4) of
subsection (c), the employer may state that there is
no knowledge of information pertaining to the
applicant that would disqualify the applicant from
employment.
(5) For applicants licensed by the State Board of
Education, the school district, charter school, or
nonpublic school shall verify the applicant's reported
previous employers with previous employers in the State
Board of Education's educator licensure database to ensure
accuracy.
(d) An applicant who provides false information or

10300HB4896ham001 - 10 - LRB103 37153 RJT 71348 a
willfully fails to disclose information required in subsection
(c) shall be subject to discipline, up to and including
termination or denial of employment.
(e) No later than 20 days after receiving a request for
information required under paragraph (4) of subsection (c), an
employer who has or had an employment relationship with the
applicant shall disclose the information requested. If the
employer has an office of human resources or a central office,
information shall be provided by that office. The employer who
has or had an employment relationship with the applicant shall
disclose the information on the template developed by the
State Board of Education. For any affirmative response to
items (i) through (iii) of subparagraph (B) of paragraph (4)
or subsection (c), the employer who has or had an employment
relationship with the applicant shall provide additional
information about the matters disclosed and all related
records.
A school shall complete the template at time of separation
from employment, or at the request of the employee, and
maintain it as part of the employee's personnel file. If the
school completes an investigation after an employee's
separation from employment, the school shall update the
information accordingly.
Information received under this Section shall not be
deemed a public record.
A school or contractor who receives information under this

10300HB4896ham001 - 11 - LRB103 37153 RJT 71348 a
subsection (e) may use the information for the purpose of
evaluating an applicant's fitness to be hired or for continued
employment and may report the information, as appropriate, to
the State Board of Education, a State licensing agency, a law
enforcement agency, a child protective services agency,
another school or contractor, or a prospective employer.
An employer, school, school administrator, regional office
of education or intermediate service center, or contractor who
provides information or records about a current or former
employee or applicant under this Section is immune from
criminal and civil liability for the disclosure of the
information or records, unless the information or records
provided were knowingly false. This immunity shall be in
addition to and not a limitation on any other immunity
provided by law or any absolute or conditional privileges
applicable to the disclosure by virtue of the circumstances or
the applicant's consent to the disclosure and shall extent to
any circumstances when the employer, school, school
administrator, or contractor in good faith shares findings of
sexual misconduct with another employer.
Unless the laws of another state prevent the release of
the information or records requested or disclosure is
restricted by the terms of a contract entered into prior to the
effective date of this amendatory Act of the 102nd General
Assembly, and notwithstanding any other provisions of law to
the contrary, an employer, school, school administrator,

10300HB4896ham001 - 12 - LRB103 37153 RJT 71348 a
contractor, or applicant shall report and disclose, in
accordance with this Section, all relevant information,
records, and documentation that may otherwise be confidential.
(f) A school or contractor may not hire an applicant who
does not provide the information required under subsection (c)
for a position involving direct contact with children or
students.
(g) Beginning on the effective date of this amendatory Act
of the 102nd General Assembly, a school or contractor may not
enter into a collective bargaining agreement, an employment
contract, an agreement for resignation or termination, a
severance agreement, or any other contract or agreement or
take any action that:
(1) has the effect of suppressing information
concerning a pending investigation or a completed
investigation in which an allegation was substantiated
related to a report of suspected sexual misconduct by a
current or former employee;
(2) affects the ability of the school or contractor to
report suspected sexual misconduct to the appropriate
authorities; or
(3) requires the school or contractor to expunge
information about allegations or findings of suspected
sexual misconduct from any documents maintained by the
school or contractor, unless, after an investigation, an
allegation is found to be false, unfounded, or

10300HB4896ham001 - 13 - LRB103 37153 RJT 71348 a
unsubstantiated.
(h) Any provision of an employment contract or agreement
for resignation or termination or a severance agreement that
is executed, amended, or entered into on or after the
effective date of this amendatory Act of the 102nd General
Assembly and that is contrary to this Section is void and
unenforceable.
(i) For substitute employees, all of the following apply:
(1) Except as otherwise provided in paragraph (1.5) of
this subsection (i), the The employment history review
required by this Section is required only prior to the
initial hiring of a substitute employee or placement on a
school's approved substitute list and shall remain valid
as long as the substitute employee continues to be
employed by the same school or remains on the school's
approved substitute list.
(1.5) For a substitute teacher licensed under Section
21B-20 and seeking employment in more than one school
district, a school district's regional office of education
or intermediate service center may collect and share the
information and records under paragraphs (2), (3), and (4)
of subsection (c). A regional office of education's or
intermediate service center's participation in the
employment history review shall be limited to collecting
such information and records and sharing the information
and records with the school district or school districts.

10300HB4896ham001 - 14 - LRB103 37153 RJT 71348 a
A regional office of education or intermediate service
center may not use the information and records collected
for the purpose of evaluating a substitute teacher
applicant's fitness to be hired, and the school district
shall complete all aspects of the employment history
review process, unless otherwise agreed to with the
regional office of education or intermediate service
center. The regional office of education or intermediate
service center is not responsible for the content or
completeness of the information or records shared by any
former employer or with the school district. A regional
office of education's or intermediate service center's
participation in the employment history review process
shall occur only prior to the initial hiring of a
substitute teacher by one of its member school districts
or prior to the initial placement of a substitute teacher
on the regional office of education's or intermediate
service center's approved substitute list. The employment
history review shall remain valid as long as the
substitute teacher continues to be employed by a school
district within the regional office of education's or
intermediate service center's jurisdiction or remains on
the regional office of education's or intermediate service
center's approved substitute list. A regional office of
education or intermediate service center participating in
the employment history review process shall promptly

10300HB4896ham001 - 15 - LRB103 37153 RJT 71348 a
provide the school district in which the substitute
teacher is seeking employment with the collected
information and records. If the regional office of
education or intermediate service center receives updated
employment history review information or records, the
information or records shall be shared with the applicable
school districts by the regional office of education or
intermediate service center as provided in this Section.
If, at any time, a school district has information or
records that the school district would have immunity from
liability to share as part of an employment history
review, then the school district and its employees are
immune from liability on the same terms as provided in
subsection (e) if sharing such information or records with
the regional office of education or intermediate service
center that maintains the applicable approved substitute
list.
(2) Except as otherwise provided in paragraph (1.5) of
this subsection (i), a A substitute employee seeking to be
added to another school's substitute list shall undergo an
additional employment history review under this Section.
Except as otherwise provided in paragraph (1.5) or
paragraph (3) of this subsection (i) or in subsection (k),
the appearance of a substitute employee on one school's
substitute list does not relieve another school from
compliance with this Section.

10300HB4896ham001 - 16 - LRB103 37153 RJT 71348 a
(3) An employment history review conducted upon
initial hiring of a substitute employee by a contractor or
any other entity that furnishes substitute staffing
services to schools shall satisfy the requirements of this
Section for all schools using the services of that
contractor or other entity.
(4) A contractor or any other entity furnishing
substitute staffing services to schools shall comply with
paragraphs (3) and (4) of subsection (j).
(j) For employees of contractors, all of the following
apply:
(1) The employment history review required by this
Section shall be performed, either at the time of the
initial hiring of an employee or prior to the assignment
of an existing employee to perform work for a school in a
position involving direct contact with children or
students. The review shall remain valid as long as the
employee remains employed by the same contractor, even if
assigned to perform work for other schools.
(2) A contractor shall maintain records documenting
employment history reviews for all employees as required
by this Section and, upon request, shall provide a school
for whom an employee is assigned to perform work access to
the records pertaining to that employee.
(3) Prior to assigning an employee to perform work for
a school in a position involving direct contact with

10300HB4896ham001 - 17 - LRB103 37153 RJT 71348 a
children or students, the contractor shall inform the
school of any instance known to the contractor in which
the employee:
(A) has been the subject of a sexual misconduct
allegation unless a subsequent investigation resulted
in a finding that the allegation was false, unfounded,
or unsubstantiated;
(B) has ever been discharged, been asked to resign
from, resigned from, or otherwise been separated from
any employment, been removed from a substitute list,
been disciplined by an employer, or had an employment
contract not renewed due to an adjudication or finding
of sexual misconduct or while an allegation of sexual
misconduct was pending or under investigation, unless
the investigation resulted in a finding that the
allegation was false, unfounded, or unsubstantiated;
or
(C) has ever had a license or certificate
suspended, surrendered, or revoked due to an
adjudication or finding of sexual misconduct or while
an allegation of sexual misconduct was pending or
under investigation, unless the investigation resulted
in a finding that the allegation was false, unfounded,
or unsubstantiated.
(4) The contractor may not assign an employee to
perform work for a school in a position involving direct

10300HB4896ham001 - 18 - LRB103 37153 RJT 71348 a
contact with children or students if the school objects to
the assignment after being informed of an instance listed
in paragraph (3).
(k) An applicant who has undergone an employment history
review under this Section and seeks to transfer to or provide
services to another school in the same school district,
diocese, or religious jurisdiction, or to another school
established and supervised by the same organization is not
required to obtain additional reports under this Section
before transferring.
(l) Nothing in this Section shall be construed:
(1) to prevent a prospective employer from conducting
further investigations of prospective employees or from
requiring applicants to provide additional background
information or authorizations beyond what is required
under this Section, nor to prevent a current or former
employer from disclosing more information than what is
required under this Section;
(2) to relieve a school, school employee, contractor
of the school, or agent of the school from any legal
responsibility to report sexual misconduct in accordance
with State and federal reporting requirements;
(3) to relieve a school, school employee, contractor
of the school, or agent of the school from any legal
responsibility to implement the provisions of Section 7926
of Chapter 20 of the United States Code; or

10300HB4896ham001 - 19 - LRB103 37153 RJT 71348 a