103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4896
 
Introduced , by Rep. Michelle Mussman
 
SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-85.5
105 ILCS 5/22-94
 Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations 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, or parent handbook provided by the school district, charter school, or nonpublic school. In provisions concerning an employment history review, provides that a job applicant shall provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a substitute employee licensed by the State Board of Education and seeking employment in more than one school district, the employment history review shall be conducted by the regional office of education or intermediate service center in which the school districts are located. Provides for when this review is required and how the review remains valid, and provides for immunity for regional offices of education and intermediate service centers.


LRB103 37153 RJT 67272 b


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 
 
A BILL FOR
 
HB4896LRB103 37153 RJT 67272 b


1 AN ACT concerning education.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The School Code is amended by changing Sections 
522-85.5 and 22-94 as follows:

6 (105 ILCS 5/22-85.5)
7 Sec. 22-85.5. Sexual misconduct in schools.
8 (a) This Section applies beginning on July 1, 2022. 
9 (b) The General Assembly finds that:
10  (1) the success of students in school relies on safe 
11 learning environments and healthy relationships with 
12 school personnel;
13  (2) it is important for staff to maintain a 
14 professional relationship with students at all times and 
15 to define staff-student boundaries to protect students 
16 from sexual misconduct by staff and staff from the 
17 appearance of impropriety;
18  (3) many breaches of staff-student boundaries do not 
19 rise to the level of criminal behavior but do pose a 
20 potential risk to student safety;
21  (4) repeated violations of staff–student boundaries 
22 can indicate the grooming of a student for sexual abuse;
23  (5) it is necessary to uphold the State Board of 
 
 
HB4896- 2 -LRB103 37153 RJT 67272 b


1 Education's Code of Ethics for Illinois Educators and for 
2 each school district, charter school, or nonpublic school 
3 to have an employee code of professional conduct policy;
4  (6) each school district, charter school, or nonpublic 
5 school must have the ability to discipline educators for 
6 breaches of its employee code of professional conduct 
7 policy;
8  (7) each school district, charter school, or nonpublic 
9 school must have the ability to know if any of its 
10 educators have violated professional staff–student 
11 boundaries in previous employment; and
12  (8) as bystanders, educators may have knowledge of 
13 concerning behaviors that no one else is aware of, so they 
14 need adequate training on sexual abuse, the employee code 
15 of professional conduct policy, and federal and State 
16 reporting requirements. 
17 (c) In this Section, "sexual misconduct" means any act, 
18including, but not limited to, any verbal, nonverbal, written, 
19or electronic communication or physical activity, by an 
20employee or agent of the school district, charter school, or 
21nonpublic school with direct contact with a student that is 
22directed toward or with a student to establish a romantic or 
23sexual relationship with the student. Such an act includes, 
24but is not limited to, any of the following: 
25  (1) A sexual or romantic invitation.
26  (2) Dating or soliciting a date.
 
 
HB4896- 3 -LRB103 37153 RJT 67272 b


1  (3) Engaging in sexualized or romantic dialog.
2  (4) Making sexually suggestive comments that are 
3 directed toward or with a student.
4  (5) Self-disclosure or physical exposure of a sexual, 
5 romantic, or erotic nature.
6  (6) A sexual, indecent, romantic, or erotic contact 
7 with the student. 
8 (d) To prevent sexual misconduct with students, each 
9school district, charter school, or nonpublic school shall 
10develop an employee code of professional conduct policy that 
11addresses all of the following:
12  (1) Incorporates the Code of Ethics for Illinois 
13 Educators.
14  (2) Incorporates the definition of "sexual misconduct" 
15 in this Section.
16  (3) Identifies the expectations for employees and 
17 agents of the school district, charter school, or 
18 nonpublic school regarding how to maintain a professional 
19 relationship with students, including the expectations for 
20 staff-student boundaries, recognizing the age and 
21 developmental level of the students served, and 
22 establishes guidelines for all of the following 
23 situations: 
24   (A) Transporting a student.
25   (B) Taking or possessing a photo or a video of a 
26 student.
 
 
HB4896- 4 -LRB103 37153 RJT 67272 b


1   (C) Meeting with a student or contacting a student 
2 outside of the employee's or agent's professional 
3 role. 
4  (4) References the employee reporting requirements 
5 required under the Abused and Neglected Child Reporting 
6 Act and under Title IX of the federal Education Amendments 
7 of 1972.
8  (5) References required employee training that is 
9 related to child abuse and educator ethics that are 
10 applicable under State and federal law. 
11 (e) The employee code of professional conduct policy, 
12guidelines established for all of the situations identified in 
13paragraph (3) subsection (d), and all available methods for 
14how to report staff-student boundary violations within a 
15school and to external agencies must be posted on the website, 
16if any, of each school district, charter school, or nonpublic 
17school and must be included in any staff, student, or parent 
18handbook provided by the school district, charter school, or 
19nonpublic, nonsectarian elementary or secondary school. 
20 (f) A violation of the employee code of professional 
21conduct policy may subject an employee to disciplinary action 
22up to and including dismissal from employment. Failure to 
23report a violation of the employee code of professional 
24conduct policy may subject an employee to disciplinary action 
25up to and including dismissal from employment. 
26(Source: P.A. 102-676, eff. 12-3-21.)

 
 
HB4896- 5 -LRB103 37153 RJT 67272 b


1 (105 ILCS 5/22-94)
2 Sec. 22-94. Employment history review.
3 (a) This Section applies to all permanent and temporary 
4positions for employment with a school or a contractor of a 
5school involving direct contact with children or students.
6 (b) In this Section:
7 "Contractor" means firms holding contracts with any school 
8including, but not limited to, food service workers, school 
9bus drivers and other transportation employees, who have 
10direct contact with children or students.
11 "Direct contact with children or students" means the 
12possibility of care, supervision, guidance, or control of 
13children or students or routine interaction with children or 
14students.
15 "School" means a public or nonpublic elementary or 
16secondary school.
17 "Sexual misconduct" has the meaning ascribed to it in 
18subsection (c) of Section 22-85.5 of this Code.
19 (c) Prior to hiring an applicant to work directly with 
20children or students, a school or contractor must ensure that 
21the following criteria are met:
22  (1) the school or contractor has no knowledge or 
23 information pertaining to the applicant that would 
24 disqualify the applicant from employment;
25  (2) the applicant swears or affirms that the applicant 
 
 
HB4896- 6 -LRB103 37153 RJT 67272 b


1 is not disqualified from employment;
2  (3) using the template developed by the State Board of 
3 Education, the applicant provides all of the following:
4   (A) a list, including the name, address, telephone 
5 number, and other relevant contact information of the 
6 following:
7    (i) the applicant's current employer if the 
8 applicant has direct contact with children or 
9 students at the applicant's current employer;
10    (ii) all former employers of the applicant 
11 that were schools or school contractors, as well 
12 as all former employers at which the applicant had 
13 direct contact with children or students;
14   (B) A written authorization that consents to and 
15 authorizes disclosure by the applicant's current and 
16 former employers under subparagraph (A) of this 
17 paragraph (3) of the information requested under 
18 paragraph (4) of this subsection (c) and the release 
19 of related records and that releases those employers 
20 from any liability that may arise from such disclosure 
21 or release of records pursuant to subsection (e).
22   (C) A written statement of whether the applicant:
23    (i) has been the subject of a sexual 
24 misconduct allegation, unless a subsequent 
25 investigation resulted in a finding that the 
26 allegation was false, unfounded, or 
 
 
HB4896- 7 -LRB103 37153 RJT 67272 b


1 unsubstantiated;
2    (ii) has ever been discharged from, been asked 
3 to resign from, resigned from, or otherwise been 
4 separated from any employment, has ever been 
5 disciplined by an employer, or has ever had an 
6 employment contract not renewed due to an 
7 adjudication or finding of sexual misconduct or 
8 while an allegation of sexual misconduct was 
9 pending or under investigation, unless the 
10 investigation resulted in a finding that the 
11 allegation was false, unfounded, or 
12 unsubstantiated; or
13    (iii) has ever had a license or certificate 
14 suspended, surrendered, or revoked or had an 
15 application for licensure, approval, or 
16 endorsement denied due to an adjudication or 
17 finding of sexual misconduct or while an 
18 allegation of sexual misconduct was pending or 
19 under investigation, unless the investigation 
20 resulted in a finding that the allegation was 
21 false, unfounded, or unsubstantiated.
22  (4) The school or contractor shall initiate a review 
23 of the employment history of the applicant by contacting 
24 those employers listed by the applicant under subparagraph 
25 (A) of paragraph (3) of this subsection (c) and, using the 
26 template developed by the State Board of Education, 
 
 
HB4896- 8 -LRB103 37153 RJT 67272 b


1 request all of the following information:
2   (A) the dates of employment of the applicant;
3   (B) a statement as to whether the applicant:
4    (i) has been the subject of a sexual 
5 misconduct allegation, unless a subsequent 
6 investigation resulted in a finding that the 
7 allegation was false, unfounded, or 
8 unsubstantiated;
9    (ii) was discharged from, was asked to resign 
10 from, resigned from, or was otherwise separated 
11 from any employment, was disciplined by the 
12 employer, or had an employment contract not 
13 renewed due to an adjudication or finding of 
14 sexual misconduct or while an allegation of sexual 
15 misconduct was pending or under investigation, 
16 unless the investigation resulted in a finding 
17 that the allegation was false, unfounded, or 
18 unsubstantiated; or
19    (iii) has ever had a license or certificate 
20 suspended, surrendered, or revoked due to an 
21 adjudication or finding of sexual misconduct or 
22 while an allegation of sexual misconduct was 
23 pending or under investigation, unless the 
24 investigation resulted in a finding that the 
25 allegation was false, unfounded, or 
26 unsubstantiated.
 
 
HB4896- 9 -LRB103 37153 RJT 67272 b


1   (C) The template shall include the following 
2 option: if the employer does not have records or 
3 evidence regarding the questions in items (i) through 
4 (iii) of subparagraph (B) of paragraph (4) of 
5 subsection (c), the employer may state that there is 
6 no knowledge of information pertaining to the 
7 applicant that would disqualify the applicant from 
8 employment.
9  (5) For applicants licensed by the State Board of 
10 Education, the school district, charter school, or 
11 nonpublic school shall verify the applicant's reported 
12 previous employers with previous employers in the State 
13 Board of Education's educator licensure database to ensure 
14 accuracy.
15 (d) An applicant who provides false information or 
16willfully fails to disclose information required in subsection 
17(c) shall be subject to discipline, up to and including 
18termination or denial of employment.
19 (e) No later than 20 days after receiving a request for 
20information required under paragraph (4) of subsection (c), an 
21employer who has or had an employment relationship with the 
22applicant shall disclose the information requested. If the 
23employer has an office of human resources or a central office, 
24information shall be provided by that office. The employer who 
25has or had an employment relationship with the applicant shall 
26disclose the information on the template developed by the 
 
 
HB4896- 10 -LRB103 37153 RJT 67272 b


1State Board of Education. For any affirmative response to 
2items (i) through (iii) of subparagraph (B) of paragraph (4) 
3or subsection (c), the employer who has or had an employment 
4relationship with the applicant shall provide additional 
5information about the matters disclosed and all related 
6records.
7 A school shall complete the template at time of separation 
8from employment, or at the request of the employee, and 
9maintain it as part of the employee's personnel file. If the 
10school completes an investigation after an employee's 
11separation from employment, the school shall update the 
12information accordingly.
13 Information received under this Section shall not be 
14deemed a public record.
15 A school or contractor who receives information under this 
16subsection (e) may use the information for the purpose of 
17evaluating an applicant's fitness to be hired or for continued 
18employment and may report the information, as appropriate, to 
19the State Board of Education, a State licensing agency, a law 
20enforcement agency, a child protective services agency, 
21another school or contractor, or a prospective employer.
22 An employer, school, school administrator, regional office 
23of education or intermediate service center, or contractor who 
24provides information or records about a current or former 
25employee or applicant under this Section is immune from 
26criminal and civil liability for the disclosure of the 
 
 
HB4896- 11 -LRB103 37153 RJT 67272 b


1information or records, unless the information or records 
2provided were knowingly false. This immunity shall be in 
3addition to and not a limitation on any other immunity 
4provided by law or any absolute or conditional privileges 
5applicable to the disclosure by virtue of the circumstances or 
6the applicant's consent to the disclosure and shall extent to 
7any circumstances when the employer, school, school 
8administrator, or contractor in good faith shares findings of 
9sexual misconduct with another employer.
10 Unless the laws of another state prevent the release of 
11the information or records requested or disclosure is 
12restricted by the terms of a contract entered into prior to the 
13effective date of this amendatory Act of the 102nd General 
14Assembly, and notwithstanding any other provisions of law to 
15the contrary, an employer, school, school administrator, 
16contractor, or applicant shall report and disclose, in 
17accordance with this Section, all relevant information, 
18records, and documentation that may otherwise be confidential.
19 (f) A school or contractor may not hire an applicant who 
20does not provide the information required under subsection (c) 
21for a position involving direct contact with children or 
22students.
23 (g) Beginning on the effective date of this amendatory Act 
24of the 102nd General Assembly, a school or contractor may not 
25enter into a collective bargaining agreement, an employment 
26contract, an agreement for resignation or termination, a 
 
 
HB4896- 12 -LRB103 37153 RJT 67272 b


1severance agreement, or any other contract or agreement or 
2take any action that:
3  (1) has the effect of suppressing information 
4 concerning a pending investigation or a completed 
5 investigation in which an allegation was substantiated 
6 related to a report of suspected sexual misconduct by a 
7 current or former employee;
8  (2) affects the ability of the school or contractor to 
9 report suspected sexual misconduct to the appropriate 
10 authorities; or
11  (3) requires the school or contractor to expunge 
12 information about allegations or findings of suspected 
13 sexual misconduct from any documents maintained by the 
14 school or contractor, unless, after an investigation, an 
15 allegation is found to be false, unfounded, or 
16 unsubstantiated.
17 (h) Any provision of an employment contract or agreement 
18for resignation or termination or a severance agreement that 
19is executed, amended, or entered into on or after the 
20effective date of this amendatory Act of the 102nd General 
21Assembly and that is contrary to this Section is void and 
22unenforceable.
23 (i) For substitute employees, all of the following apply:
24  (1) Except as otherwise provided in paragraph (1.5) of 
25 this subsection (i), the The employment history review 
26 required by this Section is required only prior to the 
 
 
HB4896- 13 -LRB103 37153 RJT 67272 b


1 initial hiring of a substitute employee or placement on a 
2 school's approved substitute list and shall remain valid 
3 as long as the substitute employee continues to be 
4 employed by the same school or remains on the school's 
5 approved substitute list.
6  (1.5) For a substitute employee licensed by the State 
7 Board of Education under Section 21B-20 and seeking 
8 employment in more than one school district, the 
9 employment history review required by this Section shall 
10 be conducted by the regional office of education or 
11 intermediate service center in which the school districts 
12 are located. An employment history review under this 
13 paragraph (1.5) is required only prior to the initial 
14 hiring of a substitute employee by one of the school 
15 districts served by the regional office of education or 
16 intermediate service center or the initial placement of 
17 the substitute employee on the regional office of 
18 education's or intermediate service center's approved 
19 substitute list and shall remain valid as long as the 
20 substitute employee continues to be employed by a school 
21 district served by the regional office of education or 
22 intermediate service center or remains on the regional 
23 office of education's or intermediate service center's 
24 approved substitute list. 
25  (2) Except as otherwise provided in paragraph (1.5) of 
26 this subsection (i), a A substitute employee seeking to be 
 
 
HB4896- 14 -LRB103 37153 RJT 67272 b


1 added to another school's substitute list shall undergo an 
2 additional employment history review under this Section. 
3 Except as otherwise provided in paragraph (1.5) or 
4 paragraph (3) of this subsection (i) or in subsection (k), 
5 the appearance of a substitute employee on one school's 
6 substitute list does not relieve another school from 
7 compliance with this Section.
8  (3) An employment history review conducted upon 
9 initial hiring of a substitute employee by a contractor or 
10 any other entity that furnishes substitute staffing 
11 services to schools shall satisfy the requirements of this 
12 Section for all schools using the services of that 
13 contractor or other entity.
14  (4) A contractor or any other entity furnishing 
15 substitute staffing services to schools shall comply with 
16 paragraphs (3) and (4) of subsection (j).
17 (j) For employees of contractors, all of the following 
18apply:
19  (1) The employment history review required by this 
20 Section shall be performed, either at the time of the 
21 initial hiring of an employee or prior to the assignment 
22 of an existing employee to perform work for a school in a 
23 position involving direct contact with children or 
24 students. The review shall remain valid as long as the 
25 employee remains employed by the same contractor, even if 
26 assigned to perform work for other schools.
 
 
HB4896- 15 -LRB103 37153 RJT 67272 b


1  (2) A contractor shall maintain records documenting 
2 employment history reviews for all employees as required 
3 by this Section and, upon request, shall provide a school 
4 for whom an employee is assigned to perform work access to 
5 the records pertaining to that employee.
6  (3) Prior to assigning an employee to perform work for 
7 a school in a position involving direct contact with 
8 children or students, the contractor shall inform the 
9 school of any instance known to the contractor in which 
10 the employee:
11   (A) has been the subject of a sexual misconduct 
12 allegation unless a subsequent investigation resulted 
13 in a finding that the allegation was false, unfounded, 
14 or unsubstantiated;
15   (B) has ever been discharged, been asked to resign 
16 from, resigned from, or otherwise been separated from 
17 any employment, been removed from a substitute list, 
18 been disciplined by an employer, or had an employment 
19 contract not renewed due to an adjudication or finding 
20 of sexual misconduct or while an allegation of sexual 
21 misconduct was pending or under investigation, unless 
22 the investigation resulted in a finding that the 
23 allegation was false, unfounded, or unsubstantiated; 
24 or
25   (C) has ever had a license or certificate 
26 suspended, surrendered, or revoked due to an 
 
 
HB4896- 16 -LRB103 37153 RJT 67272 b


1 adjudication or finding of sexual misconduct or while 
2 an allegation of sexual misconduct was pending or 
3 under investigation, unless the investigation resulted 
4 in a finding that the allegation was false, unfounded, 
5 or unsubstantiated.
6  (4) The contractor may not assign an employee to 
7 perform work for a school in a position involving direct 
8 contact with children or students if the school objects to 
9 the assignment after being informed of an instance listed 
10 in paragraph (3).
11 (k) An applicant who has undergone an employment history 
12review under this Section and seeks to transfer to or provide 
13services to another school in the same school district, 
14diocese, or religious jurisdiction, or to another school 
15established and supervised by the same organization is not 
16required to obtain additional reports under this Section 
17before transferring.
18 (l) Nothing in this Section shall be construed:
19  (1) to prevent a prospective employer from conducting 
20 further investigations of prospective employees or from 
21 requiring applicants to provide additional background 
22 information or authorizations beyond what is required 
23 under this Section, nor to prevent a current or former 
24 employer from disclosing more information than what is 
25 required under this Section;
26  (2) to relieve a school, school employee, contractor 
 
 
HB4896- 17 -LRB103 37153 RJT 67272 b