Bill Text: IL HB2978 | 2013-2014 | 98th General Assembly | Amended


Bill Title: Amends the School Code. Makes changes in Sections concerning criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database. With respect to employees of person or firms holding contracts with more than one school district, adds a reference to the Statewide Child Murderer and Violent Offender Against Youth Database. Removes provisions concerning fingerprint-based criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Child Murderer and Violent Offender Against Youth Database for student teachers in the public schools. Provides instead that, beginning on January 1, 2014, the provisions of these Sections shall apply to all student teachers assigned to public schools or nonpublic schools recognized by the State Board of Education. Provides that student teachers must undergo a Department of State Police and Federal Bureau of Investigation fingerprint-based criminal history records check, with authorization to conduct the criminal history records check furnished by the student teacher to the school to which the student teacher is assigned. Provides that the Department of State Police and the Federal Bureau of Investigation shall furnish records of convictions, until expunged, to the president of the school board for the school district that requested the check or the chief administrative officer of the nonpublic school that requested the check. Provides that the student teacher shall be required to pay all fees associated with conducting the criminal history records check. Provides that results of the check must also be furnished to the higher education institution where the student teacher is enrolled. Provides that no one may begin student teaching until results have been returned.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2978 Detail]

Download: Illinois-2013-HB2978-Amended.html

Rep. Camille Y. Lilly

Filed: 3/19/2013

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1
AMENDMENT TO HOUSE BILL 2978
2 AMENDMENT NO. ______. Amend House Bill 2978 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The School Code is amended by changing Sections
52-3.25o, 10-21.9, and 34-18.5 as follows:
6 (105 ILCS 5/2-3.25o)
7 Sec. 2-3.25o. Registration and recognition of non-public
8elementary and secondary schools.
9 (a) Findings. The General Assembly finds and declares (i)
10that the Constitution of the State of Illinois provides that a
11"fundamental goal of the People of the State is the educational
12development of all persons to the limits of their capacities"
13and (ii) that the educational development of every school
14student serves the public purposes of the State. In order to
15ensure that all Illinois students and teachers have the
16opportunity to enroll and work in State-approved educational

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1institutions and programs, the State Board of Education shall
2provide for the voluntary registration and recognition of
3non-public elementary and secondary schools.
4 (b) Registration. All non-public elementary and secondary
5schools in the State of Illinois may voluntarily register with
6the State Board of Education on an annual basis. Registration
7shall be completed in conformance with procedures prescribed by
8the State Board of Education. Information required for
9registration shall include assurances of compliance (i) with
10federal and State laws regarding health examination and
11immunization, attendance, length of term, and
12nondiscrimination and (ii) with applicable fire and health
13safety requirements.
14 (c) Recognition. All non-public elementary and secondary
15schools in the State of Illinois may voluntarily seek the
16status of "Non-public School Recognition" from the State Board
17of Education. This status may be obtained by compliance with
18administrative guidelines and review procedures as prescribed
19by the State Board of Education. The guidelines and procedures
20must recognize that some of the aims and the financial bases of
21non-public schools are different from public schools and will
22not be identical to those for public schools, nor will they be
23more burdensome. The guidelines and procedures must also
24recognize the diversity of non-public schools and shall not
25impinge upon the noneducational relationships between those
26schools and their clientele.

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1 (c-5) Prohibition against recognition. A non-public
2elementary or secondary school may not obtain "Non-public
3School Recognition" status unless the school requires all
4certified and non-certified applicants for employment with the
5school, after July 1, 2007, to authorize a fingerprint-based
6criminal history records check as a condition of employment to
7determine if such applicants have been convicted of any of the
8enumerated criminal or drug offenses set forth in Section
921B-80 21-23a of this Code or have been convicted, within 7
10years of the application for employment, of any other felony
11under the laws of this State or of any offense committed or
12attempted in any other state or against the laws of the United
13States that, if committed or attempted in this State, would
14have been punishable as a felony under the laws of this State.
15 Authorization for the check shall be furnished by the
16applicant to the school, except that if the applicant is a
17substitute teacher seeking employment in more than one
18non-public school, a teacher seeking concurrent part-time
19employment positions with more than one non-public school (as a
20reading specialist, special education teacher, or otherwise),
21or an educational support personnel employee seeking
22employment positions with more than one non-public school, then
23only one of the non-public schools employing the individual
24shall request the authorization. Upon receipt of this
25authorization, the non-public school shall submit the
26applicant's name, sex, race, date of birth, social security

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1number, fingerprint images, and other identifiers, as
2prescribed by the Department of State Police, to the Department
3of State Police.
4 The Department of State Police and Federal Bureau of
5Investigation shall furnish, pursuant to a fingerprint-based
6criminal history records check, records of convictions,
7forever and hereafter, until expunged, to the president or
8principal of the non-public school that requested the check.
9The Department of State Police shall charge that school a fee
10for conducting such check, which fee must be deposited into the
11State Police Services Fund and must not exceed the cost of the
12inquiry. Subject to appropriations for these purposes, the
13State Superintendent of Education shall reimburse non-public
14schools for fees paid to obtain criminal history records checks
15under this Section.
16 A non-public school may not obtain recognition status
17unless the school also performs a check of the Statewide Sex
18Offender Database, as authorized by the Sex Offender Community
19Notification Law, for each applicant for employment, after July
201, 2007, to determine whether the applicant has been
21adjudicated a sex offender.
22 Any information concerning the record of convictions
23obtained by a non-public school's president or principal under
24this Section is confidential and may be disseminated only to
25the governing body of the non-public school or any other person
26necessary to the decision of hiring the applicant for

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

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1Investigation fingerprint-based criminal history records check
2and a Statewide Sex Offender Database check has not been
3initiated or who has been convicted of any offense enumerated
4in Section 21B-80 of this Code or any offense committed or
5attempted in any other state or against the laws of the United
6States that, if committed or attempted in this State, would
7have been punishable as one or more of those offenses. No
8non-public school may obtain recognition status under this
9Section that knowingly employs a person who has been found to
10be the perpetrator of sexual or physical abuse of a minor under
1118 years of age pursuant to proceedings under Article II of the
12Juvenile Court Act of 1987.
13 In order to obtain recognition status under this Section, a
14non-public school must require compliance with the provisions
15of this subsection (c-5) from all employees of persons or firms
16holding contracts with the school, including, but not limited
17to, food service workers, school bus drivers, and other
18transportation employees, who have direct, daily contact with
19pupils. Any information concerning the records of conviction or
20identification as a sex offender of any such employee obtained
21by the non-public school principal or president must be
22promptly reported to the school's governing body.
23 (d) Public purposes. The provisions of this Section are in
24the public interest, for the public benefit, and serve secular
25public purposes.
26 (e) Definition. For purposes of this Section, a non-public

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1school means any non-profit, non-home-based, and non-public
2elementary or secondary school that is in compliance with Title
3VI of the Civil Rights Act of 1964 and attendance at which
4satisfies the requirements of Section 26-1 of this Code.
5(Source: P.A. 96-431, eff. 8-13-09; 97-607, eff. 8-26-11.)
6 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
7 Sec. 10-21.9. Criminal history records checks and checks of
8the Statewide Sex Offender Database and Statewide Murderer and
9Violent Offender Against Youth Database.
10 (a) Certified and noncertified applicants for employment
11with a school district, except school bus driver applicants,
12are required as a condition of employment to authorize a
13fingerprint-based criminal history records check to determine
14if such applicants have been convicted of any of the enumerated
15criminal or drug offenses in subsection (c) of this Section or
16have been convicted, within 7 years of the application for
17employment with the school district, of any other felony under
18the laws of this State or of any offense committed or attempted
19in any other state or against the laws of the United States
20that, if committed or attempted in this State, would have been
21punishable as a felony under the laws of this State.
22Authorization for the check shall be furnished by the applicant
23to the school district, except that if the applicant is a
24substitute teacher seeking employment in more than one school
25district, a teacher seeking concurrent part-time employment

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

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

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

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

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

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

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

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1Results of the checks must be furnished to the higher education
2institution where the student teacher is enrolled and the
3superintendent of the school district where the student is
4assigned.
5 (h) Upon request of a school, school district, community
6college district, or private school, any information obtained
7by a school district pursuant to subsection (f) of this Section
8within the last year must be made available to that school,
9school district, community college district, or private
10school.
11(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
1296-1489, eff. 1-1-11; 97-154, eff. 1-1-12; 97-248, eff. 1-1-12;
1397-607, eff. 8-26-11; 97-813, eff. 7-13-12.)
14 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
15 Sec. 34-18.5. Criminal history records checks and checks of
16the Statewide Sex Offender Database and Statewide Murderer and
17Violent Offender Against Youth Database.
18 (a) Certified and noncertified applicants for employment
19with the school district are required as a condition of
20employment to authorize a fingerprint-based criminal history
21records check to determine if such applicants have been
22convicted of any of the enumerated criminal or drug offenses in
23subsection (c) of this Section or have been convicted, within 7
24years of the application for employment with the school
25district, of any other felony under the laws of this State or

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

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

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

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

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1support personnel employee or may initiate its own criminal
2history records check of the applicant through the Department
3of State Police and its own check of the Statewide Sex Offender
4Database as provided in subsection (a). Any unauthorized
5release of confidential information may be a violation of
6Section 7 of the Criminal Identification Act. Any person who
7releases any confidential information concerning any criminal
8convictions of an applicant for employment shall be guilty of a
9Class A misdemeanor, unless the release of such information is
10authorized by this Section.
11 (c) The board of education shall not knowingly employ a
12person who has been convicted of any offense that would subject
13him or her to license suspension or revocation pursuant to
14Section 21B-80 of this Code. Further, the board of education
15shall not knowingly employ a person who has been found to be
16the perpetrator of sexual or physical abuse of any minor under
1718 years of age pursuant to proceedings under Article II of the
18Juvenile Court Act of 1987.
19 (d) The board of education shall not knowingly employ a
20person for whom a criminal history records check and a
21Statewide Sex Offender Database check has not been initiated.
22 (e) Upon receipt of the record of a conviction of or a
23finding of child abuse by a holder of any certificate issued
24pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
25Code, the State Superintendent of Education may initiate
26certificate suspension and revocation proceedings as

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

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

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1history records check and checks of the Statewide Sex Offender
2Database and Statewide Murderer and Violent Offender Against
3Youth Database prior to participating in any field experiences
4in the public schools. Authorization for and payment of the
5costs of the checks must be furnished by the student teacher.
6Results of the checks must be furnished to the higher education
7institution where the student teacher is enrolled and the
8general superintendent of schools.
9 (h) Upon request of a school, school district, community
10college district, or private school, any information obtained
11by the school district pursuant to subsection (f) of this
12Section within the last year must be made available to that
13school, school district, community college district, or
14private school.
15(Source: P.A. 96-431, eff. 8-13-09; 96-1452, eff. 8-20-10;
1697-154, eff. 1-1-12; 97-248, eff. 1-1-12; 97-607, eff. 8-26-11;
1797-813, eff. 7-13-12.)
18 Section 99. Effective date. This Act takes effect July 1,
192013.".
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