Bill Text: IL HB0494 | 2015-2016 | 99th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the School Code. In provisions requiring a criminal history records check to be performed with regard to applicants for employment with a school district or non-public school and whether those applicants may be employed, makes changes concerning the types of convictions checked for and when those convictions occurred. In provisions concerning the conviction of certain offenses as grounds for revocation of an educator license, changes the definitions of "narcotics offense" and "sex offense". Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 49-6)

Status: (Vetoed) 2015-09-09 - Bill Dead - No Positive Action Taken - Amendatory Veto [HB0494 Detail]

Download: Illinois-2015-HB0494-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0494 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
105 ILCS 5/2-3.25o
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/21B-80
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
Amends the School Code. In provisions requiring a criminal history records check to be performed with regard to applicants for employment with a school district or non-public school and whether those applicants may be employed, makes changes concerning the types of convictions checked for and when those convictions occurred. In provisions concerning the conviction of certain offenses as grounds for revocation of an educator license, changes the definitions of "narcotics offense" and "sex offense". Effective immediately.
LRB099 04171 NHT 24192 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0494 LRB099 04171 NHT 24192 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Sections
2-3.25o, 10-21.9, 21B-80, and 34-18.5 as follows:
(105 ILCS 5/2-3.25o)
Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
(a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the educational
development of all persons to the limits of their capacities"
and (ii) that the educational development of every school
student serves the public purposes of the State. In order to
ensure that all Illinois students and teachers have the
opportunity to enroll and work in State-approved educational
institutions and programs, the State Board of Education shall
provide for the voluntary registration and recognition of
non-public elementary and secondary schools.
(b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed by

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

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offense as defined in subsection (a) of Section 21B-80 of this
Code, have been convicted of any narcotics offense as defined
in subsection (a) of Section 21B-80 of this Code within 5 years
of the application for employment, of the enumerated criminal
or drug offenses set forth in Section 21-23a of this Code or
have been convicted, within 2 7 years of the application for
employment, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as a
reading specialist, special education teacher, or otherwise),
or an educational support personnel employee seeking
employment positions with more than one non-public school, then
only one of the non-public schools employing the individual
shall request the authorization. Upon receipt of this
authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Department of State Police, to the Department
of State Police.

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The Department of State Police and Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereafter, until expunged, to the president or
principal of the non-public school that requested the check.
The Department of State Police shall charge that school a fee
for conducting such check, which fee must be deposited into the
State Police Services Fund and must not exceed the cost of the
inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse non-public
schools for fees paid to obtain criminal history records checks
under this Section.
A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, for each applicant for employment, after July
1, 2007, to determine whether the applicant has been
adjudicated a sex offender.
Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other person
necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. Upon a check of the Statewide Sex

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Offender Database, the non-public school shall notify the
applicant as to whether or not the applicant has been
identified in the Sex Offender Database as a sex offender. Any
information concerning the records of conviction obtained by
the non-public school's president or principal under this
Section for a substitute teacher seeking employment in more
than one non-public school, a teacher seeking concurrent
part-time employment positions with more than one non-public
school (as a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's principal
or president to which the applicant seeks employment. Any
person who releases any criminal history record information
concerning an applicant for employment is guilty of a Class A
misdemeanor and may be subject to prosecution under federal
law, unless the release of such information is authorized by
this Section.
No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
a Department of State Police and Federal Bureau of
Investigation fingerprint-based criminal history records check
and a Statewide Sex Offender Database check has not been
initiated or who has been convicted of any sex offense as
defined in subsection (a) of Section 21B-80 of this Code, has
been convicted of any narcotics offense as defined in

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

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elementary or secondary school that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any of the enumerated
criminal offenses in subsection (c) of this Section, have been
convicted of any of the enumerated or drug offenses in
subsection (c) of this Section within 5 years of the
application for employment with the school district, or have
been convicted, within 2 7 years of the application for
employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the applicant
to the school district, except that if the applicant is a

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

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district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent, except that those applicants seeking
employment as a substitute teacher with a school district may
be charged a fee not to exceed the cost of the inquiry. Subject
to appropriations for these purposes, the State Superintendent
of Education shall reimburse school districts and regional
superintendents for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be

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transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if the check
was requested by the school district, the presidents of the
appropriate school boards if the check was requested from the
Department of State Police by the regional superintendent, the
State Superintendent of Education, the State Teacher
Certification Board, any other person necessary to the decision
of hiring the applicant for employment, or for clarification
purposes the Department of State Police or Statewide Sex
Offender Database, or both. A copy of the record of convictions
obtained from the Department of State Police shall be provided
to the applicant for employment. Upon the check of the
Statewide Sex Offender Database, the school district or
regional superintendent shall notify an applicant as to whether
or not the applicant has been identified in the Database as a
sex offender. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee in more than one school
district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the
applicant has not been convicted of any of the enumerated
criminal offenses in subsection (c) of this Section, has not
been convicted of any of the enumerated or drug offenses in
subsection (c) of this Section within 5 years of the
application for employment with the school district, or has not
been convicted, within 2 7 years of the application for

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employment with the school district, of any other felony under
the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database as a sex
offender, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal offenses
in subsection (c) of this Section, has not been convicted of
any of the enumerated or drug offenses in subsection (c) of
this Section within 5 years of the application for employment
with the school district, or has not been convicted, within 2 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and evidencing that as of the date
that the regional superintendent conducted a check of the
Statewide Sex Offender Database, the applicant has not been
identified in the Database as a sex offender. The school board
of any school district may rely on the certificate issued by

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any regional superintendent to that substitute teacher,
concurrent part-time teacher, or concurrent educational
support personnel employee or may initiate its own criminal
history records check of the applicant through the Department
of State Police and its own check of the Statewide Sex Offender
Database as provided in subsection (a). Any person who releases
any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
(c) No school board shall knowingly employ a person who has
been convicted of any sex offense as defined in subsection (a)
of Section 21B-80 of this Code or has been convicted of any
narcotics offense as defined in subsection (a) of Section
21B-80 of this Code within 5 years of the application for
employment with the school district offense that would subject
him or her to license suspension or revocation pursuant to
Section 21B-80 of this Code. Further, no school board shall
knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a

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

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

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conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(g) In order to student teach in the public schools, a
person is required to authorize a fingerprint-based criminal
history records check and checks of the Statewide Sex Offender
Database and Statewide Murderer and Violent Offender Against
Youth Database prior to participating in any field experiences
in the public schools. Authorization for and payment of the
costs of the checks must be furnished by the student teacher.
Results of the checks must be furnished to the higher education
institution where the student teacher is enrolled and the
superintendent of the school district where the student is
assigned.
(h) Upon request of a school, school district, community
college district, or private school, any information obtained
by a school district pursuant to subsection (f) of this Section
within the last year must be made available to that school,
school district, community college district, or private
school.
(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
96-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
97-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
(105 ILCS 5/21B-80)

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Sec. 21B-80. Conviction of certain offenses as grounds for
revocation of license.
(a) As used in this Section:
"Narcotics offense" means any one or more of the following
offenses:
(1) (Blank). Any offense defined in the Cannabis
Control Act, except those defined in subdivisions (a) and
(b) of Section 4 and subdivision (a) of Section 5 of the
Cannabis Control Act and any offense for which the holder
of a license is placed on probation under the provisions of
Section 10 of the Cannabis Control Act, provided that if
the terms and conditions of probation required by the court
are not fulfilled, the offense is not eligible for this
exception.
(2) Any offense defined in the Illinois Controlled
Substances Act, except any offense for which the holder of
a license is placed on probation under the provisions of
Section 410 of the Illinois Controlled Substances Act,
provided that if the terms and conditions of probation
required by the court are not fulfilled, the offense is not
eligible for this exception.
(3) Any offense defined in the Methamphetamine Control
and Community Protection Act, except any offense for which
the holder of a license is placed on probation under the
provision of Section 70 of that Act, provided that if the
terms and conditions of probation required by the court are

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not fulfilled, the offense is not eligible for this
exception.
(4) Any attempt to commit any of the offenses listed in
items (2) and (1) through (3) of this definition.
(5) Any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as one or more of the offenses listed in items
(2) (1) through (4) of this definition.
The changes made by Public Act 96-431 to the definition of
"narcotics offense" are declaratory of existing law.
"Sex offense" means any one or more of the following
offenses:
(A) Any offense defined in Sections 11-6 and , 11-9
through 11-9.5, inclusive, and 11-30, of the Criminal Code
of 1961 or the Criminal Code of 2012; Sections 11-14.1
11-14 through 11-21, inclusive, of the Criminal Code of
1961 or the Criminal Code of 2012; Sections 11-23 (if
punished as a Class 3 felony), 11-24, 11-25, and 11-26 of
the Criminal Code of 1961 or the Criminal Code of 2012; and
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33,
and 12C-45 of the Criminal Code of 1961 or the Criminal
Code of 2012.
(B) Any attempt to commit any of the offenses listed in
item (A) of this definition.

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(C) Any offense committed or attempted in any other
state that, if committed or attempted in this State, would
have been punishable as one or more of the offenses listed
in items (A) and (B) of this definition.
(b) Whenever the holder of any license issued pursuant to
this Article has been convicted of any sex offense or narcotics
offense, the State Superintendent of Education shall forthwith
suspend the license. If the conviction is reversed and the
holder is acquitted of the offense in a new trial or the
charges against him or her are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(c) Whenever the holder of a license issued pursuant to
this Article has been convicted of attempting to commit,
conspiring to commit, soliciting, or committing first degree
murder or a Class X felony or any offense committed or
attempted in any other state or against the laws of the United
States that, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses,
the State Superintendent of Education shall forthwith suspend
the license. If the conviction is reversed and the holder is
acquitted of that offense in a new trial or the charges that he
or she committed that offense are dismissed, the State
Superintendent of Education shall forthwith terminate the

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suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
7-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
(a) Certified and noncertified applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any of the enumerated criminal offenses in
subsection (c) of this Section, have been convicted of any of
the enumerated or drug offenses in subsection (c) of this
Section within 5 years of the application for employment with
the school district, or have been convicted, within 2 7 years
of the application for employment with the school district, of
any other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State. Authorization for the check shall be furnished by
the applicant to the school district, except that if the

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

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expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse the school district and regional superintendent for
fees paid to obtain criminal history records checks under this
Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school

HB0494 - 22 - LRB099 04171 NHT 24192 b
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Department of State Police by the
regional superintendent, the State Superintendent of
Education, the State Teacher Certification Board or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Department of State Police shall be provided to the
applicant for employment. Upon the check of the Statewide Sex
Offender Database, the school district or regional
superintendent shall notify an applicant as to whether or not
the applicant has been identified in the Database as a sex
offender. If a check of an applicant for employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee in more than one school
district was requested by the regional superintendent, and the
Department of State Police upon a check ascertains that the
applicant has not been convicted of any of the enumerated
criminal offenses in subsection (c) of this Section, has not
been convicted of any of the enumerated or drug offenses in
subsection (c) of this Section within 5 years of the
application for employment with the school district, or has not
been convicted, within 2 7 years of the application for
employment with the school district, of any other felony under

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the laws of this State or of any offense committed or attempted
in any other state or against the laws of the United States
that, if committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database as a sex
offender, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Department of State Police the applicant has
not been convicted of any of the enumerated criminal offenses
in subsection (c) of this Section, has not been convicted of
any of the enumerated or drug offenses in subsection (c) of
this Section within 5 years of the application for employment
with the school district, or has not been convicted, within 2 7
years of the application for employment with the school
district, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State and evidencing that as of the date
that the regional superintendent conducted a check of the
Statewide Sex Offender Database, the applicant has not been
identified in the Database as a sex offender. The school board
of any school district may rely on the certificate issued by
any regional superintendent to that substitute teacher,

HB0494 - 24 - LRB099 04171 NHT 24192 b
concurrent part-time teacher, or concurrent educational
support personnel employee or may initiate its own criminal
history records check of the applicant through the Department
of State Police and its own check of the Statewide Sex Offender
Database as provided in subsection (a). Any person who releases
any confidential information concerning any criminal
convictions of an applicant for employment shall be guilty of a
Class A misdemeanor, unless the release of such information is
authorized by this Section.
(c) The board of education shall not knowingly employ a
person who has been convicted of any sex offense as defined in
subsection (a) of Section 21B-80 of this Code or has been
convicted of any narcotics offense as defined in subsection (a)
of Section 21B-80 of this Code within 5 years of the
application for employment with the school district offense
that would subject him or her to license suspension or
revocation pursuant to Section 21B-80 of this Code. Further,
the board of education shall not knowingly employ a person who
has been found to be the perpetrator of sexual or physical
abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check has not been initiated.
(e) Upon receipt of the record of a conviction of or a
finding of child abuse by a holder of any certificate issued

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

HB0494 - 26 - LRB099 04171 NHT 24192 b
in a hearing is exempt from this confidentiality and
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Department of State Police and
for conducting a check of the Statewide Sex Offender Database
for each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school

HB0494 - 27 - LRB099 04171 NHT 24192 b
board or school boards.
(g) In order to student teach in the public schools, a
person is required to authorize a fingerprint-based criminal
history records check and checks of the Statewide Sex Offender
Database and Statewide Murderer and Violent Offender Against
Youth Database prior to participating in any field experiences
in the public schools. Authorization for and payment of the
costs of the checks must be furnished by the student teacher.
Results of the checks must be furnished to the higher education
institution where the student teacher is enrolled and the
general superintendent of schools.
(h) Upon request of a school, school district, community
college district, or private school, any information obtained
by the school district pursuant to subsection (f) of this
Section within the last year must be made available to that
school, school district, community college district, or
private school.
(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
97-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
97-813, eff. 7-13-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.