Bill Text: IL HB3819 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that, if a school district or person who is a contractor to the district takes disciplinary action, including requiring a paid or unpaid leave of absence, against an employee who is an educator licensed under the Educator Licensure Article of the Code or an employee of the contractor because of an allegation made against that employee that involves a violation of the Criminal Code of 2012 and the offense is sexually motivated, the school district must report the allegation, including the name of the employee, to (i) all persons employed by the school district or by the contractor who have duties within the school to which that employee is assigned and (ii) all parents or guardians of students attending the school to which that employee is assigned; defines "sexually motivated". Provides that if a school district makes a report and, subsequent to the reporting, the employee who was the subject of the report has been exonerated from the allegation, the school district must report the exoneration to all persons who received the initial report. Requires the State Board of Education to adopt rules. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-03-27 - Added Chief Co-Sponsor Rep. Jonathan Carroll [HB3819 Detail]

Download: Illinois-2019-HB3819-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3819 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.69 new
105 ILCS 5/34-18.61 new
Amends the School Code. Provides that, if a school district or person who is a contractor to the district takes disciplinary action, including requiring a paid or unpaid leave of absence, against an employee who is an educator licensed under the Educator Licensure Article of the Code or an employee of the contractor because of an allegation made against that employee that involves a violation of the Criminal Code of 2012 and the offense is sexually motivated, the school district must report the allegation, including the name of the employee, to (i) all persons employed by the school district or by the contractor who have duties within the school to which that employee is assigned and (ii) all parents or guardians of students attending the school to which that employee is assigned; defines "sexually motivated". Provides that if a school district makes a report and, subsequent to the reporting, the employee who was the subject of the report has been exonerated from the allegation, the school district must report the exoneration to all persons who received the initial report. Requires the State Board of Education to adopt rules. Effective immediately.
LRB101 11472 AXK 57198 b
FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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 adding Sections
10-20.69 and 34-18.61 as follows:
(105 ILCS 5/10-20.69 new)
Sec. 10-20.69. Employee disciplinary action; report.
(a) In this Section, "sexually motivated" has the meaning
given to that term under Section 10 of the Sex Offender
Management Board Act.
(b) Notwithstanding any other provision of law, if a school
district or person who is a contractor to the district takes
disciplinary action, including requiring a paid or unpaid leave
of absence, against an employee who is an educator licensed
under Article 21B or an employee of the contractor because of
an allegation made against that employee that involves a
violation of the Criminal Code of 2012 and the offense is
sexually motivated, the school district must report the
allegation, including the name of the employee, to (i) all
persons employed by the school district or by the contractor
who have duties within the school to which that employee is
assigned and (ii) all parents or guardians of students
attending the school to which that employee is assigned.

HB3819 - 2 - LRB101 11472 AXK 57198 b
(c) If a school district makes a report under subsection
(b) and, subsequent to the reporting, the employee who was the
subject of the report has been exonerated from the allegation,
the school district must report the exoneration to all persons
who received the initial report.
(d) The State Board of Education must adopt rules to
implement this Section.
(105 ILCS 5/34-18.61 new)
Sec. 34-18.61. Employee disciplinary action; report.
(a) In this Section, "sexually motivated" has the meaning
given to that term under Section 10 of the Sex Offender
Management Board Act.
(b) Notwithstanding any other provision of law, if the
school district or a person who is a contractor to the district
takes disciplinary action, including requiring a paid or unpaid
leave of absence, against an employee who is an educator
licensed under Article 21B or an employee of the contractor
because of an allegation made against that employee that
involves a violation of the Criminal Code of 2012 and the
offense is sexually motivated, the school district must report
the allegation, including the name of the employee, to (i) all
persons employed by the school district or by the contractor
who have duties within the school to which that employee is
assigned and (ii) all parents or guardians of students
attending the school to which that employee is assigned.

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(c) If the school district makes a report under subsection
(b) and, subsequent to the reporting, the employee who was the
subject of the report has been exonerated from the allegation,
the school district must report the exoneration to all persons
who received the initial report.
(d) The State Board of Education must adopt rules to
implement this Section.
Section 99. Effective date. This Act takes effect upon
becoming law.