Bill Text: IL SB0456 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Reinserts the provisions of the engrossed bill as amended by House Amendment No. 1 with the following changes. Provides that, every 2 years, each school district must review all existing policies and procedures concerning sexual abuse investigations at schools (rather than must adopt and implement a policy addressing sexual abuse investigations at schools) to ensure consistency with policies adopted under the School Code. Provides that, as a condition of employment, each school board must consider the status of a person who has been issued an indicated finding of abuse or neglect of a child by the Department of Children and Family Services under the Abused and Neglected Child Reporting Act or by a child welfare agency of another jurisdiction (rather than no school board shall knowingly employ a person who has been issued those indicated findings). Changes the definition of "alleged incident of sexual abuse". Makes changes to what a school must comply with after an alleged incident of sexual abuse is accepted for investigation by the Department of Children and Family Services or a law enforcement agency and while the investigations are being conducted by the local multidisciplinary team. With regard to the Personnel Record Review Act, provides that certain disclosure requirements under the Act do not apply to a school district who is sharing information related to an incident or an attempted incident of sexual abuse or severe physical abuse (rather than a school district responding to an inquiry from a prospective employer). Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 26-6)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0531 [SB0456 Detail]

Download: Illinois-2019-SB0456-Chaptered.html

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Public Act 101-0531
SB0456 Enrolled LRB101 04217 AXK 49225 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
10-21.9, 10-23.12, 21B-45, 21B-75, 21B-80, 24-12, 24-14,
27A-5, 34-18.5, 34-18.6, and 34-85 and by adding Sections
10-20.69, 22-85, 22-86, and 34-18.61 as follows:
(105 ILCS 5/10-20.69 new)
Sec. 10-20.69. Sexual abuse investigations at schools.
Every 2 years, each school district must review all existing
policies and procedures concerning sexual abuse investigations
at schools to ensure consistency with Section 22-85.
(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) Licensed and nonlicensed 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 disqualifying, of the enumerated criminal or

drug offenses in subsection (c) of this Section or have been
convicted, within 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
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,
forever and hereinafter, until 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, 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. The check of the Statewide Sex Offender
Database must be conducted by the school district or regional
superintendent once for every 5 years that an applicant remains
employed by the school district.
(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. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the school
district or regional superintendent once for every 5 years that
an applicant remains employed by the school district.
(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
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 Educator
Preparation and Licensure 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 or drug offenses in
subsection (c) of this Section or has not been convicted,
within 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 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 or drug

offenses in subsection (c) of this Section or has not been
convicted, within 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, 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 unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(c) No school board shall knowingly employ a person who has
been convicted of any offense that would subject him or her to
license suspension or revocation pursuant to Section 21B-80 of
this Code, except as provided under subsection (b) of Section
21B-80. 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.
As a condition of employment, each school board must consider
the status of a person who has been issued an indicated finding
of abuse or neglect of a child by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act or by a child welfare agency of another
jurisdiction.
(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) If permissible by federal or State law, no later than
15 business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of any
license holder who has been convicted of a crime set forth in
Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license certificate issued pursuant to Article 21B 21 or
Section 34-8.1 or 34-83 of the School Code, the State
Superintendent of Education may initiate licensure certificate
suspension and revocation proceedings as authorized by law. If
the receipt of the record of conviction or finding of child

abuse is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education may
rescind the license holder's license.
(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
license 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
license certificate holder's dismissal or resignation from the
school district. This notification must be submitted within 30
days after the dismissal or resignation. The license
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
Educator Preparation and Licensure 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 21B 21 of this
Code, (ii) pursuant to a court order, (iii) for disclosure to
the license 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
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.
(f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is to
be completed. Upon receipt of this authorization and payment,
the school district shall submit the student teacher'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. 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,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check. The Department shall charge the school district a fee
for conducting the check, which fee must not exceed the cost of

the inquiry and must be deposited into the State Police
Services Fund. The school district shall further perform a
check of the Statewide Sex Offender Database, as authorized by
the Sex Offender Community Notification Law, and of the
Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school board may knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex Offender
Database check, and a Statewide Murderer and Violent Offender
Against Youth Database check have not been completed and
reviewed by the district.
A copy of the record of convictions obtained from the
Department of State Police must be provided to the student
teacher. Any information concerning the record of convictions
obtained by the president of the school board is confidential
and may only be transmitted to the superintendent of the school
district or his or her designee, the State Superintendent of
Education, the State Educator Preparation and Licensure Board,
or, for clarification purposes, the Department of State Police
or the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
No school board shall may knowingly allow a person to
student teach who has been convicted of any offense that would

subject him or her to license suspension or revocation pursuant
to subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
or 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.
Each school board must consider the status of a person to
student teach who has been issued an indicated finding of abuse
or neglect of a child by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act or
by a child welfare agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
(105 ILCS 5/10-23.12) (from Ch. 122, par. 10-23.12)
Sec. 10-23.12. Child abuse and neglect; detection,
reporting, and prevention; willful or negligent failure to
report.
(a) To provide staff development for local school site
personnel who work with pupils in grades kindergarten through 8
in the detection, reporting, and prevention of child abuse and
neglect.
(b) The Department of Children and Family Services may, in
cooperation with school officials, distribute appropriate
materials in school buildings listing the toll-free telephone

number established in Section 7.6 of the Abused and Neglected
Child Reporting Act, including methods of making a report under
Section 7 of the Abused and Neglected Child Reporting Act, to
be displayed in a clearly visible location in each school
building.
(c) Except for an employee licensed under Article 21B of
this Code, if a school board determines that any school
district employee has willfully or negligently failed to report
an instance of suspected child abuse or neglect, as required by
the Abused and Neglected Child Reporting Act, then the school
board may dismiss that employee immediately upon that
determination. For purposes of this subsection (c), negligent
failure to report an instance of suspected child abuse or
neglect occurs when a school district employee personally
observes an instance of suspected child abuse or neglect and
reasonably believes, in his or her professional or official
capacity, that the instance constitutes an act of child abuse
or neglect under the Abused and Neglected Child Reporting Act,
and he or she, without willful intent, fails to immediately
report or cause a report to be made of the suspected abuse or
neglect to the Department of Children and Family Services, as
required by the Abused and Neglected Child Reporting Act.
(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
(105 ILCS 5/21B-45)
Sec. 21B-45. Professional Educator License renewal.

(a) Individuals holding a Professional Educator License
are required to complete the licensure renewal requirements as
specified in this Section, unless otherwise provided in this
Code.
Individuals holding a Professional Educator License shall
meet the renewal requirements set forth in this Section, unless
otherwise provided in this Code. If an individual holds a
license endorsed in more than one area that has different
renewal requirements, that individual shall follow the renewal
requirements for the position for which he or she spends the
majority of his or her time working.
(b) All Professional Educator Licenses not renewed as
provided in this Section shall lapse on September 1 of that
year. Notwithstanding any other provisions of this Section, if
a license holder's electronic mail address is available, the
State Board of Education shall send him or her notification
electronically that his or her license will lapse if not
renewed, to be sent no more than 6 months prior to the license
lapsing. Lapsed licenses may be immediately reinstated upon (i)
payment by the applicant of a $500 penalty to the State Board
of Education or (ii) the demonstration of proficiency by
completing 9 semester hours of coursework from a regionally
accredited institution of higher education in the content area
that most aligns with one or more of the educator's endorsement
areas. Any and all back fees, including without limitation
registration fees owed from the time of expiration of the

license until the date of reinstatement, shall be paid and kept
in accordance with the provisions in Article 3 of this Code
concerning an institute fund and the provisions in Article 21B
of this Code concerning fees and requirements for registration.
Licenses not registered in accordance with Section 21B-40 of
this Code shall lapse after a period of 6 months from the
expiration of the last year of registration or on January 1 of
the fiscal year following initial issuance of the license. An
unregistered license is invalid after September 1 for
employment and performance of services in an Illinois public or
State-operated school or cooperative and in a charter school.
Any license or endorsement may be voluntarily surrendered by
the license holder. A voluntarily surrendered license, except a
substitute teaching license issued under Section 21B-20 of this
Code, shall be treated as a revoked license. An Educator
License with Stipulations with only a paraprofessional
endorsement does not lapse.
(c) From July 1, 2013 through June 30, 2014, in order to
satisfy the requirements for licensure renewal provided for in
this Section, each professional educator licensee with an
administrative endorsement who is working in a position
requiring such endorsement shall complete one Illinois
Administrators' Academy course, as described in Article 2 of
this Code, per fiscal year.
(d) Beginning July 1, 2014, in order to satisfy the
requirements for licensure renewal provided for in this

Section, each professional educator licensee may create a
professional development plan each year. The plan shall address
one or more of the endorsements that are required of his or her
educator position if the licensee is employed and performing
services in an Illinois public or State-operated school or
cooperative. If the licensee is employed in a charter school,
the plan shall address that endorsement or those endorsements
most closely related to his or her educator position. Licensees
employed and performing services in any other Illinois schools
may participate in the renewal requirements by adhering to the
same process.
Except as otherwise provided in this Section, the
licensee's professional development activities shall align
with one or more of the following criteria:
(1) activities are of a type that engage participants
over a sustained period of time allowing for analysis,
discovery, and application as they relate to student
learning, social or emotional achievement, or well-being;
(2) professional development aligns to the licensee's
performance;
(3) outcomes for the activities must relate to student
growth or district improvement;
(4) activities align to State-approved standards; and
(5) higher education coursework.
(e) For each renewal cycle, each professional educator
licensee shall engage in professional development activities.

Prior to renewal, the licensee shall enter electronically into
the Educator Licensure Information System (ELIS) the name,
date, and location of the activity, the number of professional
development hours, and the provider's name. The following
provisions shall apply concerning professional development
activities:
(1) Each licensee shall complete a total of 120 hours
of professional development per 5-year renewal cycle in
order to renew the license, except as otherwise provided in
this Section.
(2) Beginning with his or her first full 5-year cycle,
any licensee with an administrative endorsement who is not
working in a position requiring such endorsement is not
required to complete Illinois Administrators' Academy
courses, as described in Article 2 of this Code. Such
licensees must complete one Illinois Administrators'
Academy course within one year after returning to a
position that requires the administrative endorsement.
(3) Any licensee with an administrative endorsement
who is working in a position requiring such endorsement or
an individual with a Teacher Leader endorsement serving in
an administrative capacity at least 50% of the day shall
complete one Illinois Administrators' Academy course, as
described in Article 2 of this Code, each fiscal year in
addition to 100 hours of professional development per
5-year renewal cycle in accordance with this Code.

(4) Any licensee holding a current National Board for
Professional Teaching Standards (NBPTS) master teacher
designation shall complete a total of 60 hours of
professional development per 5-year renewal cycle in order
to renew the license.
(5) Licensees working in a position that does not
require educator licensure or working in a position for
less than 50% for any particular year are considered to be
exempt and shall be required to pay only the registration
fee in order to renew and maintain the validity of the
license.
(6) Licensees who are retired and qualify for benefits
from a State of Illinois retirement system shall notify the
State Board of Education using ELIS, and the license shall
be maintained in retired status. For any renewal cycle in
which a licensee retires during the renewal cycle, the
licensee must complete professional development activities
on a prorated basis depending on the number of years during
the renewal cycle the educator held an active license. If a
licensee retires during a renewal cycle, the licensee must
notify the State Board of Education using ELIS that the
licensee wishes to maintain the license in retired status
and must show proof of completion of professional
development activities on a prorated basis for all years of
that renewal cycle for which the license was active. An
individual with a license in retired status shall not be

required to complete professional development activities
or pay registration fees until returning to a position that
requires educator licensure. Upon returning to work in a
position that requires the Professional Educator License,
the licensee shall immediately pay a registration fee and
complete renewal requirements for that year. A license in
retired status cannot lapse. Beginning on January 6, 2017
(the effective date of Public Act 99-920) through December
31, 2017, any licensee who has retired and whose license
has lapsed for failure to renew as provided in this Section
may reinstate that license and maintain it in retired
status upon providing proof to the State Board of Education
using ELIS that the licensee is retired and is not working
in a position that requires a Professional Educator
License.
(7) For any renewal cycle in which professional
development hours were required, but not fulfilled, the
licensee shall complete any missed hours to total the
minimum professional development hours required in this
Section prior to September 1 of that year. Professional
development hours used to fulfill the minimum required
hours for a renewal cycle may be used for only one renewal
cycle. For any fiscal year or renewal cycle in which an
Illinois Administrators' Academy course was required but
not completed, the licensee shall complete any missed
Illinois Administrators' Academy courses prior to

September 1 of that year. The licensee may complete all
deficient hours and Illinois Administrators' Academy
courses while continuing to work in a position that
requires that license until September 1 of that year.
(8) Any licensee who has not fulfilled the professional
development renewal requirements set forth in this Section
at the end of any 5-year renewal cycle is ineligible to
register his or her license and may submit an appeal to the
State Superintendent of Education for reinstatement of the
license.
(9) If professional development opportunities were
unavailable to a licensee, proof that opportunities were
unavailable and request for an extension of time beyond
August 31 to complete the renewal requirements may be
submitted from April 1 through June 30 of that year to the
State Educator Preparation and Licensure Board. If an
extension is approved, the license shall remain valid
during the extension period.
(10) Individuals who hold exempt licenses prior to
December 27, 2013 (the effective date of Public Act 98-610)
shall commence the annual renewal process with the first
scheduled registration due after December 27, 2013 (the
effective date of Public Act 98-610).
(11) Notwithstanding any other provision of this
subsection (e), if a licensee earns more than the required
number of professional development hours during a renewal

cycle, then the licensee may carry over any hours earned
from April 1 through June 30 of the last year of the
renewal cycle. Any hours carried over in this manner must
be applied to the next renewal cycle. Illinois
Administrators' Academy courses or hours earned in those
courses may not be carried over.
(f) At the time of renewal, each licensee shall respond to
the required questions under penalty of perjury.
(f-5) The State Board of Education shall conduct random
audits of licensees to verify a licensee's fulfillment of the
professional development hours required under this Section.
Upon completion of a random audit, if it is determined by the
State Board of Education that the licensee did not complete the
required number of professional development hours or did not
provide sufficient proof of completion, the licensee shall be
notified that his or her license has lapsed. A license that has
lapsed under this subsection may be reinstated as provided in
subsection (b).
(g) The following entities shall be designated as approved
to provide professional development activities for the renewal
of Professional Educator Licenses:
(1) The State Board of Education.
(2) Regional offices of education and intermediate
service centers.
(3) Illinois professional associations representing
the following groups that are approved by the State

Superintendent of Education:
(A) school administrators;
(B) principals;
(C) school business officials;
(D) teachers, including special education
teachers;
(E) school boards;
(F) school districts;
(G) parents; and
(H) school service personnel.
(4) Regionally accredited institutions of higher
education that offer Illinois-approved educator
preparation programs and public community colleges subject
to the Public Community College Act.
(5) Illinois public school districts, charter schools
authorized under Article 27A of this Code, and joint
educational programs authorized under Article 10 of this
Code for the purposes of providing career and technical
education or special education services.
(6) A not-for-profit organization that, as of December
31, 2014 (the effective date of Public Act 98-1147), has
had or has a grant from or a contract with the State Board
of Education to provide professional development services
in the area of English Learning to Illinois school
districts, teachers, or administrators.
(7) State agencies, State boards, and State

commissions.
(8) Museums as defined in Section 10 of the Museum
Disposition of Property Act.
(h) Approved providers under subsection (g) of this Section
shall make available professional development opportunities
that satisfy at least one of the following:
(1) increase the knowledge and skills of school and
district leaders who guide continuous professional
development;
(2) improve the learning of students;
(3) organize adults into learning communities whose
goals are aligned with those of the school and district;
(4) deepen educator's content knowledge;
(5) provide educators with research-based
instructional strategies to assist students in meeting
rigorous academic standards;
(6) prepare educators to appropriately use various
types of classroom assessments;
(7) use learning strategies appropriate to the
intended goals;
(8) provide educators with the knowledge and skills to
collaborate; or
(9) prepare educators to apply research to
decision-making.
(i) Approved providers under subsection (g) of this Section
shall do the following:

(1) align professional development activities to the
State-approved national standards for professional
learning;
(2) meet the professional development criteria for
Illinois licensure renewal;
(3) produce a rationale for the activity that explains
how it aligns to State standards and identify the
assessment for determining the expected impact on student
learning or school improvement;
(4) maintain original documentation for completion of
activities;
(5) provide license holders with evidence of
completion of activities; and
(6) request an Illinois Educator Identification Number
(IEIN) for each educator during each professional
development activity; and .
(7) beginning on July 1, 2019, register annually with
the State Board of Education prior to offering any
professional development opportunities in the current
fiscal year.
(j) The State Board of Education shall conduct annual
audits of a subset of approved providers, except for school
districts, which shall be audited by regional offices of
education and intermediate service centers. The State Board of
Education shall ensure that each approved provider, except for
a school district, is audited at least once every 5 years. The

State Board of Education may conduct more frequent audits of
providers if evidence suggests the requirements of this Section
or administrative rules are not being met. The State Board of
Education shall complete random audits of licensees.
(1) (Blank).
(2) Approved providers shall comply with the
requirements in subsections (h) and (i) of this Section by
annually submitting data to the State Board of Education
demonstrating how the professional development activities
impacted one or more of the following:
(A) educator and student growth in regards to
content knowledge or skills, or both;
(B) educator and student social and emotional
growth; or
(C) alignment to district or school improvement
plans.
(3) The State Superintendent of Education shall review
the annual data collected by the State Board of Education,
regional offices of education, and intermediate service
centers in audits to determine if the approved provider has
met the criteria and should continue to be an approved
provider or if further action should be taken as provided
in rules.
(k) Registration fees shall be paid for the next renewal
cycle between April 1 and June 30 in the last year of each
5-year renewal cycle using ELIS. If all required professional

development hours for the renewal cycle have been completed and
entered by the licensee, the licensee shall pay the
registration fees for the next cycle using a form of credit or
debit card.
(l) Any professional educator licensee endorsed for school
support personnel who is employed and performing services in
Illinois public schools and who holds an active and current
professional license issued by the Department of Financial and
Professional Regulation or a national certification board, as
approved by the State Board of Education, related to the
endorsement areas on the Professional Educator License shall be
deemed to have satisfied the continuing professional
development requirements provided for in this Section. Such
individuals shall be required to pay only registration fees to
renew the Professional Educator License. An individual who does
not hold a license issued by the Department of Financial and
Professional Regulation shall complete professional
development requirements for the renewal of a Professional
Educator License provided for in this Section.
(m) Appeals to the State Educator Preparation and Licensure
Board must be made within 30 days after receipt of notice from
the State Superintendent of Education that a license will not
be renewed based upon failure to complete the requirements of
this Section. A licensee may appeal that decision to the State
Educator Preparation and Licensure Board in a manner prescribed
by rule.

(1) Each appeal shall state the reasons why the State
Superintendent's decision should be reversed and shall be
sent by certified mail, return receipt requested, to the
State Board of Education.
(2) The State Educator Preparation and Licensure Board
shall review each appeal regarding renewal of a license
within 90 days after receiving the appeal in order to
determine whether the licensee has met the requirements of
this Section. The State Educator Preparation and Licensure
Board may hold an appeal hearing or may make its
determination based upon the record of review, which shall
consist of the following:
(A) the regional superintendent of education's
rationale for recommending nonrenewal of the license,
if applicable;
(B) any evidence submitted to the State
Superintendent along with the individual's electronic
statement of assurance for renewal; and
(C) the State Superintendent's rationale for
nonrenewal of the license.
(3) The State Educator Preparation and Licensure Board
shall notify the licensee of its decision regarding license
renewal by certified mail, return receipt requested, no
later than 30 days after reaching a decision. Upon receipt
of notification of renewal, the licensee, using ELIS, shall
pay the applicable registration fee for the next cycle

using a form of credit or debit card.
(n) The State Board of Education may adopt rules as may be
necessary to implement this Section.
(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15;
99-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17;
100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff.
7-1-18; 100-863, eff. 8-14-18.)
(105 ILCS 5/21B-75)
Sec. 21B-75. Suspension or revocation of license.
(a) As used in this Section, "teacher" means any school
district employee regularly required to be licensed, as
provided in this Article, in order to teach or supervise in the
public schools.
(b) The State Superintendent of Education has the exclusive
authority, in accordance with this Section and any rules
adopted by the State Board of Education, in consultation with
the State Educator Preparation and Licensure Board, to initiate
the suspension of up to 5 calendar years or revocation of any
license issued pursuant to this Article for abuse or neglect of
a child, immorality, a condition of health detrimental to the
welfare of pupils, incompetency, unprofessional conduct (which
includes the failure to disclose on an employment application
any previous conviction for a sex offense, as defined in
Section 21B-80 of this Code, or any other offense committed in
any other state or against the laws of the United States that,

if committed in this State, would be punishable as a sex
offense, as defined in Section 21B-80 of this Code), the
neglect of any professional duty, willful or negligent failure
to report an instance of suspected child abuse or neglect as
required by the Abused and Neglected Child Reporting Act, or
other just cause. Negligent failure to report an instance of
suspected child abuse or neglect occurs when a teacher
personally observes an instance of suspected child abuse or
neglect and reasonably believes, in his or her professional or
official capacity, that the instance constitutes an act of
child abuse or neglect under the Abused and Neglected Child
Reporting Act, and he or she, without willful intent, fails to
immediately report or cause a report to be made of the
suspected abuse or neglect to the Department of Children and
Family Services, as required by the Abused and Neglected Child
Reporting Act. Unprofessional conduct shall include the
refusal to attend or participate in institutes, teachers'
meetings, or professional readings or to meet other reasonable
requirements of the regional superintendent of schools or State
Superintendent of Education. Unprofessional conduct also
includes conduct that violates the standards, ethics, or rules
applicable to the security, administration, monitoring, or
scoring of or the reporting of scores from any assessment test
or examination administered under Section 2-3.64a-5 of this
Code or that is known or intended to produce or report
manipulated or artificial, rather than actual, assessment or

achievement results or gains from the administration of those
tests or examinations. Unprofessional conduct shall also
include neglect or unnecessary delay in the making of
statistical and other reports required by school officers.
Incompetency shall include, without limitation, 2 or more
school terms of service for which the license holder has
received an unsatisfactory rating on a performance evaluation
conducted pursuant to Article 24A of this Code within a period
of 7 school terms of service. In determining whether to
initiate action against one or more licenses based on
incompetency and the recommended sanction for such action, the
State Superintendent shall consider factors that include
without limitation all of the following:
(1) Whether the unsatisfactory evaluation ratings
occurred prior to June 13, 2011 (the effective date of
Public Act 97-8).
(2) Whether the unsatisfactory evaluation ratings
occurred prior to or after the implementation date, as
defined in Section 24A-2.5 of this Code, of an evaluation
system for teachers in a school district.
(3) Whether the evaluator or evaluators who performed
an unsatisfactory evaluation met the pre-licensure and
training requirements set forth in Section 24A-3 of this
Code.
(4) The time between the unsatisfactory evaluation
ratings.

(5) The quality of the remediation plans associated
with the unsatisfactory evaluation ratings and whether the
license holder successfully completed the remediation
plans.
(6) Whether the unsatisfactory evaluation ratings were
related to the same or different assignments performed by
the license holder.
(7) Whether one or more of the unsatisfactory
evaluation ratings occurred in the first year of a teaching
or administrative assignment.
When initiating an action against one or more licenses, the
State Superintendent may seek required professional
development as a sanction in lieu of or in addition to
suspension or revocation. Any such required professional
development must be at the expense of the license holder, who
may use, if available and applicable to the requirements
established by administrative or court order, training,
coursework, or other professional development funds in
accordance with the terms of an applicable collective
bargaining agreement entered into after June 13, 2011 (the
effective date of Public Act 97-8), unless that agreement
specifically precludes use of funds for such purpose.
(c) The State Superintendent of Education shall, upon
receipt of evidence of abuse or neglect of a child, immorality,
a condition of health detrimental to the welfare of pupils,
incompetency (subject to subsection (b) of this Section),

unprofessional conduct, the neglect of any professional duty,
or other just cause, further investigate and, if and as
appropriate, serve written notice to the individual and afford
the individual opportunity for a hearing prior to suspension,
revocation, or other sanction; provided that the State
Superintendent is under no obligation to initiate such an
investigation if the Department of Children and Family Services
is investigating the same or substantially similar allegations
and its child protective service unit has not made its
determination, as required under Section 7.12 of the Abused and
Neglected Child Reporting Act. If the State Superintendent of
Education does not receive from an individual a request for a
hearing within 10 days after the individual receives notice,
the suspension, revocation, or other sanction shall
immediately take effect in accordance with the notice. If a
hearing is requested within 10 days after notice of an
opportunity for hearing, it shall act as a stay of proceedings
until the State Educator Preparation and Licensure Board issues
a decision. Any hearing shall take place in the educational
service region where the educator is or was last employed and
in accordance with rules adopted by the State Board of
Education, in consultation with the State Educator Preparation
and Licensure Board, and such rules shall include without
limitation provisions for discovery and the sharing of
information between parties prior to the hearing. The standard
of proof for any administrative hearing held pursuant to this

Section shall be by the preponderance of the evidence. The
decision of the State Educator Preparation and Licensure Board
is a final administrative decision and is subject to judicial
review by appeal of either party.
The State Board of Education may refuse to issue or may
suspend the license of any person who fails to file a return or
to pay the tax, penalty, or interest shown in a filed return or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of any such tax
Act are satisfied.
The exclusive authority of the State Superintendent of
Education to initiate suspension or revocation of a license
pursuant to this Section does not preclude a regional
superintendent of schools from cooperating with the State
Superintendent or a State's Attorney with respect to an
investigation of alleged misconduct.
(d) The State Superintendent of Education or his or her
designee may initiate and conduct such investigations as may be
reasonably necessary to establish the existence of any alleged
misconduct. At any stage of the investigation, the State
Superintendent may issue a subpoena requiring the attendance
and testimony of a witness, including the license holder, and
the production of any evidence, including files, records,
correspondence, or documents, relating to any matter in
question in the investigation. The subpoena shall require a

witness to appear at the State Board of Education at a
specified date and time and shall specify any evidence to be
produced. The license holder is not entitled to be present, but
the State Superintendent shall provide the license holder with
a copy of any recorded testimony prior to a hearing under this
Section. Such recorded testimony must not be used as evidence
at a hearing, unless the license holder has adequate notice of
the testimony and the opportunity to cross-examine the witness.
Failure of a license holder to comply with a duly issued,
investigatory subpoena may be grounds for revocation,
suspension, or denial of a license.
(e) 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 Educator Preparation and Licensure
Board under this Section 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 this Article, (ii)
pursuant to a court order, (iii) for disclosure to the license
holder or his or her representative, or (iv) as otherwise
required in this Article and provided that any such information
admitted into evidence in a hearing is exempt from this
confidentiality and non-disclosure requirement.
(f) The State Superintendent of Education or a person
designated by him or her shall have the power to administer

oaths to witnesses at any hearing conducted before the State
Educator Preparation and Licensure Board pursuant to this
Section. The State Superintendent of Education or a person
designated by him or her is authorized to subpoena and bring
before the State Educator Preparation and Licensure Board any
person in this State and to take testimony either orally or by
deposition or by exhibit, with the same fees and mileage and in
the same manner as prescribed by law in judicial proceedings in
civil cases in circuit courts of this State.
(g) Any circuit court, upon the application of the State
Superintendent of Education or the license holder, may, by
order duly entered, require the attendance of witnesses and the
production of relevant books and papers as part of any
investigation or at any hearing the State Educator Preparation
and Licensure Board is authorized to conduct pursuant to this
Section, and the court may compel obedience to its orders by
proceedings for contempt.
(h) The State Board of Education shall receive an annual
line item appropriation to cover fees associated with the
investigation and prosecution of alleged educator misconduct
and hearings related thereto.
(Source: P.A. 100-872, eff. 8-14-18.)
(105 ILCS 5/21B-80)
Sec. 21B-80. Conviction of certain offenses as grounds for
disqualification for licensure or suspension or revocation of a

license.
(a) As used in this Section:
"Drug offense" means any one or more of the following
offenses:
(1) Any offense defined in the Cannabis Control Act,
except those defined in subdivisions (a), (b), and (c) of
Section 4 and subdivisions (a) and (b) 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
not fulfilled, the offense is not eligible for this

exception.
(4) Any attempt to commit any of the offenses listed in
items (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
(1) through (4) of this definition.
The changes made by Public Act 96-431 to this definition are
declaratory of existing law.
"Sentence" includes any period of supervised release
supervision or probation that was imposed either alone or in
combination with a period of incarceration.
"Sex or other offense" means any one or more of the
following offenses:
(A) Any offense defined in Sections 11-6, 11-9 through
11-9.5, inclusive, and 11-30 (if punished as a Class 4
felony) of the Criminal Code of 1961 or the Criminal Code
of 2012; Sections 11-14.1 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; Section 10-5.1, subsection (c) of
Section 10-9, and Sections 11-6.6, 11-11, 12-3.05, 12-3.3,
12-6.4, 12-7.1, 12-34, 12-34.5, and 12-35 of 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, 12C-45, and 26-4 (if punished pursuant
to subdivision (4) or (5) of subsection (d) of Section
26-4) 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.
(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 or applicant for a license to be issued pursuant
to this Article has been convicted of any drug offense, other
than as provided in subsection (c) of this Section, the State
Superintendent of Education shall forthwith suspend the
license or deny the application, whichever is applicable, until
7 years following the end of the sentence for the criminal
offense. 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.
(b-5) Whenever the holder of a license issued pursuant to
this Article or applicant for a license to be issued pursuant
to this Article has been charged with attempting to commit,
conspiring to commit, soliciting, or committing any sex or

other offense, as enumerated under item (A) of subsection (a),
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 immediately suspend the license or deny the application
until the person's criminal charges are adjudicated through a
court of competent jurisdiction. If the person is acquitted,
his or her license or application shall be immediately
reinstated.
(c) Whenever the holder of a license issued pursuant to
this Article or applicant for a license to be issued pursuant
to this Article has been convicted of attempting to commit,
conspiring to commit, soliciting, or committing any sex or
other offense, as enumerated under item (A) of subsection (a),
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 or deny the application,
whichever is applicable. 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 suspension of the license. When the conviction
becomes final, the State Superintendent of Education shall
forthwith revoke the license.
(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
(105 ILCS 5/22-85 new)
Sec. 22-85. Sexual abuse at schools.
(a) The General Assembly finds that:
(1) investigation of a child regarding an incident of
sexual abuse can induce significant trauma for the child;
(2) it is desirable to prevent multiple interviews of a
child at a school; and
(3) it is important to recognize the role of Children's
Advocacy Centers in conducting developmentally appropriate
investigations.
(b) In this Section:
"Alleged incident of sexual abuse" is limited to an
incident of sexual abuse of a child that is alleged to have
been perpetrated by school personnel, including a school vendor
or volunteer, that occurred (i) on school grounds or during a
school activity or (ii) outside of school grounds or not during
a school activity.
"Appropriate law enforcement agency" means a law
enforcement agency whose employees have been involved, in some
capacity, with an investigation of a particular alleged
incident of sexual abuse.

(c) If a mandated reporter within a school has knowledge of
an alleged incident of sexual abuse, the reporter must call the
Department of Children and Family Services' hotline
established under Section 7.6 of the Abused and Neglected Child
Reporting Act immediately after obtaining the minimal
information necessary to make a report, including the names of
the affected parties and the allegations. The State Board of
Education must make available materials detailing the
information that is necessary to enable notification to the
Department of Children and Family Services of an alleged
incident of sexual abuse. Each school must ensure that mandated
reporters review the State Board of Education's materials and
materials developed by the Department of Children and Family
Services and distributed in the school building under Section 7
of the Abused and Neglected Child Reporting Act at least once
annually.
(d) For schools in a county with an accredited Children's
Advocacy Center, every alleged incident of sexual abuse that is
reported to the Department of Children and Family Services'
hotline or a law enforcement agency and is subsequently
accepted for investigation must be referred by the entity that
received the report to the local Children's Advocacy Center
pursuant to that county's multidisciplinary team's protocol
under the Children's Advocacy Center Act for investigating
child sexual abuse allegations.
(e) A county's local Children's Advocacy Center must, at a

minimum, do both of the following regarding a referred case of
an alleged incident of sexual abuse:
(1) Coordinate the investigation of the alleged
incident, as governed by the local Children's Advocacy
Center's existing multidisciplinary team protocol and
according to National Children's Alliance accreditation
standards.
(2) Facilitate communication between the
multidisciplinary team investigating the alleged incident
of sexual abuse and, if applicable, the referring school's
(i) Title IX officer, or his or her designee, (ii) school
resource officer, or (iii) personnel leading the school's
investigation into the alleged incident of sexual abuse. If
a school uses a designated entity to investigate a sexual
abuse allegation, the multidisciplinary team may
correspond only with that entity and any reference in this
Section to "school" refers to that designated entity. This
facilitation of communication must, at a minimum, ensure
that all applicable parties have each other's contact
information and must share the county's local Children's
Advocacy Center's protocol regarding the process of
approving the viewing of a forensic interview, as defined
under Section 2.5 of the Children's Advocacy Center Act, by
school personnel and a contact person for questions
relating to the protocol.
(f) After an alleged incident of sexual abuse is accepted

for investigation by the Department of Children and Family
Services or a law enforcement agency and while the criminal and
child abuse investigations related to that alleged incident are
being conducted by the local multidisciplinary team, the school
relevant to the alleged incident of sexual abuse must comply
with both of the following:
(1) It may not interview the alleged victim regarding
details of the alleged incident of sexual abuse until after
the completion of the forensic interview of that victim is
conducted at a Children's Advocacy Center. This paragraph
does not prohibit a school from requesting information from
the alleged victim or his or her parent or guardian to
ensure the safety and well-being of the alleged victim at
school during an investigation.
(2) If asked by a law enforcement agency or an
investigator of the Department of Children and Family
Services who is conducting the investigation, it must
inform those individuals of any evidence the school has
gathered pertaining to an alleged incident of sexual abuse,
as permissible by federal or State law.
(g) After completion of a forensic interview, the
multidisciplinary team must notify the school relevant to the
alleged incident of sexual abuse of its completion. If, for any
reason, a multidisciplinary team determines it will not conduct
a forensic interview in a specific investigation, the
multidisciplinary team must notify the school as soon as the

determination is made. If a forensic interview has not been
conducted within 15 calendar days after opening an
investigation, the school may notify the multidisciplinary
team that it intends to interview the alleged victim. No later
than 10 calendar days after this notification, the
multidisciplinary team may conduct the forensic interview and,
if the multidisciplinary team does not conduct the interview,
the school may proceed with its interview.
(h) To the greatest extent possible considering student
safety and Title IX compliance, school personnel may view the
electronic recordings of a forensic interview of an alleged
victim of an incident of sexual abuse. As a means to avoid
additional interviews of an alleged victim, school personnel
must be granted viewing access to the electronic recording of a
forensic interview conducted at an accredited Children's
Advocacy Center for an alleged incident of sexual abuse only if
the school receives (i) approval from the multidisciplinary
team investigating the case and (ii) informed consent by a
child over the age of 13 or the child's parent or guardian.
Each county's local Children's Advocacy Center and
multidisciplinary team must establish an internal protocol
regarding the process of approving the viewing of the forensic
interview, and this process and the contact person must be
shared with the school contact at the time of the initial
facilitation. Whenever possible, the school's viewing of the
electronic recording of a forensic interview should be

conducted in lieu of the need for additional interviews.
(i) For an alleged incident of sexual abuse that has been
accepted for investigation by a multidisciplinary team, if,
during the course of its internal investigation and at any
point during or after the multidisciplinary team's
investigation, the school determines that it needs to interview
the alleged victim to successfully complete its investigation
and the victim is under 18 years of age, a child advocate must
be made available to the student and may be present during the
school's interview. A child advocate may be a school social
worker, a school or equally qualified psychologist, or a person
in a position the State Board of Education has identified as an
appropriate advocate for the student during a school's
investigation into an alleged incident of sexual abuse.
(j) The Department of Children and Family Services must
notify the relevant school when an agency investigation of an
alleged incident of sexual abuse is complete. The notification
must include information on the outcome of that investigation.
(k) The appropriate law enforcement agency must notify the
relevant school when an agency investigation of an alleged
incident of sexual abuse is complete or has been suspended. The
notification must include information on the outcome of that
investigation.
(l) This Section applies to all schools operating under
this Code, including, but not limited to, public schools
located in cities having a population of more than 500,000, a

school operated pursuant to an agreement with a public school
district, alternative schools operated by third parties, an
alternative learning opportunities program, a public school
administered by a local public agency or the Department of
Human Services, charter schools operating under the authority
of Article 27A, and non-public schools recognized by the State
Board of Education.
(105 ILCS 5/22-86 new)
Sec. 22-86. Make Sexual and Severe Physical Abuse Fully
Extinct (Make S.A.F.E.) Task Force.
(a) The General Assembly finds that the most precious
resource in this State is our children. The General Assembly
also finds that the protection of children from sexual abuse
and exploitation is at the core of the duties and fundamental
responsibilities of the General Assembly and is of the utmost
importance.
(b) The Make Sexual and Severe Physical Abuse Fully Extinct
(Make S.A.F.E.) Task Force is created to address issues
concerning the sexual abuse of students in school-related
settings. The Task Force shall consist of all of the following
members, who must be appointed no later than 60 days after the
effective date of this amendatory Act of the 101st General
Assembly:
(1) One representative appointed by the Speaker of the
House of Representatives.

(2) One representative appointed by the Minority
Leader of the House of Representatives.
(3) One senator appointed by the President of the
Senate.
(4) One senator appointed by the Minority Leader of the
Senate.
(5) One member who represents the Children's Advocacy
Centers of Illinois appointed by the State Superintendent
of Education.
(6) The Executive Director of an urban, accredited
Children's Advocacy Center appointed by the State
Superintendent of Education.
(7) The Executive Director of a suburban, accredited
Children's Advocacy Center appointed by the State
Superintendent of Education.
(8) The Executive Director of a rural, accredited
Children's Advocacy Center appointed by the State
Superintendent of Education.
(9) One representative of the State Board of Education
appointed by the State Superintendent of Education.
(10) One member representing a State's Attorney's
office appointed by the State Superintendent of Education.
(11) One member representing a statewide organization
that unites the services and resources of rape crisis
centers, alleviates the suffering of sexual assault
survivors, and helps build communities appointed by the

State Superintendent of Education.
(12) One member representing the Department of State
Police appointed by the State Superintendent of Education.
(13) One member representing the Department of
Children and Family Services appointed by the State
Superintendent of Education.
(14) One member representing the Office of the Attorney
General appointed by the State Superintendent of
Education.
(15) One member representing a statewide organization
representing suburban school districts appointed by the
State Superintendent of Education.
(16) One member representing a statewide professional
teachers' organization appointed by the State
Superintendent of Education.
(17) One member representing a different statewide
professional teachers' organization appointed by the State
Superintendent of Education.
(18) One member representing a professional teachers'
organization in a city having a population of over 500,000
appointed by the State Superintendent of Education.
(19) One member representing a school district
organized under Article 34 appointed by the State
Superintendent of Education.
(20) One member representing the investigating body of
a school district organized under Article 34 appointed by

the State Superintendent of Education.
(21) One member representing a statewide organization
that represents social workers appointed by the State
Superintendent of Education.
(22) One member representing a charter schools'
organization in this State appointed by the State
Superintendent of Education.
(23) One member representing a statewide organization
that represents principals appointed by the State
Superintendent of Education.
(24) One member representing a statewide organization
that represents superintendents appointed by the State
Superintendent of Education.
(25) One member representing a statewide organization
that represents school boards appointed by the State
Superintendent of Education.
(c) The Task Force shall first meet at the call of the
State Superintendent of Education, and each subsequent meeting
shall be at the call of the Chairperson, who shall be
designated by the State Superintendent of Education. The State
Board of Education shall provide administrative and other
support to the Task Force. Members of the Task Force shall
serve without compensation.
(d) The Task Force shall review the best practices for
preventing the sexual abuse of students in a school-related
setting or by school-related perpetrators, including school

district employees or other students, how to best address that
abuse, and the proper support for students who have suffered
from that abuse. The review shall examine the best practices at
all schools maintaining prekindergarten through grade 12,
regardless of whether the school is a public school, nonpublic
school, or charter school. On or before September 15, 2020, the
Task Force must report the findings of its review to the
Governor and the General Assembly, which must, at a minimum,
include all of the following topics:
(1) The best practices for preventing sexual and severe
physical abuse in school-related settings or by
school-related perpetrators, including, but not limited
to, criminal history records checks for school district
employees, the employment status of a school employee
accused of sexual abuse of a student, and procedural
safeguards for personnel who regularly interact with
children as part of school or school activities, even if
the personnel are not officially employed by a school
district.
(2) The best practices for addressing sexual and severe
physical abuse in a school-related setting or by
school-related perpetrators, including, but not limited
to, the nature and amount of forensic interviews and
forensic interview information sharing, school cooperation
with multidisciplinary teams under the Children's Advocacy
Center Act, and model school policies.

(3) The best practices for support for students who
have suffered sexual or severe physical abuse in a
school-related setting or by a school-related perpetrator,
including, but not limited to, emotional, psychological,
and academic support.
(4) Any other topic the Task Force deems necessary to
advance the safety or well-being of students in relation to
sexual and severe physical abuse stemming from a
school-related setting or school-related perpetrator.
The Task Force is dissolved upon submission of the report
under this subsection.
(e) This Section is repealed on March 15, 2021.
(105 ILCS 5/24-12) (from Ch. 122, par. 24-12)
Sec. 24-12. Removal or dismissal of teachers in contractual
continued service.
(a) This subsection (a) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided on or before the end of the 2010-2011 school term. If
a teacher in contractual continued service is removed or
dismissed as a result of a decision of the board to decrease
the number of teachers employed by the board or to discontinue
some particular type of teaching service, written notice shall
be mailed to the teacher and also given the teacher either by
certified mail, return receipt requested or personal delivery
with receipt at least 60 days before the end of the school

term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the board shall first
remove or dismiss all teachers who have not entered upon
contractual continued service before removing or dismissing
any teacher who has entered upon contractual continued service
and who is legally qualified to hold a position currently held
by a teacher who has not entered upon contractual continued
service.
As between teachers who have entered upon contractual
continued service, the teacher or teachers with the shorter
length of continuing service with the district shall be
dismissed first unless an alternative method of determining the
sequence of dismissal is established in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization and except that this provision
shall not impair the operation of any affirmative action
program in the district, regardless of whether it exists by
operation of law or is conducted on a voluntary basis by the
board. Any teacher dismissed as a result of such decrease or
discontinuance shall be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
If the board has any vacancies for the following school
term or within one calendar year from the beginning of the
following school term, the positions thereby becoming
available shall be tendered to the teachers so removed or

dismissed so far as they are legally qualified to hold such
positions; provided, however, that if the number of honorable
dismissal notices based on economic necessity exceeds 15% of
the number of full-time full time equivalent positions filled
by certified employees (excluding principals and
administrative personnel) during the preceding school year,
then if the board has any vacancies for the following school
term or within 2 calendar years from the beginning of the
following school term, the positions so becoming available
shall be tendered to the teachers who were so notified and
removed or dismissed whenever they are legally qualified to
hold such positions. Each board shall, in consultation with any
exclusive employee representatives, each year establish a
list, categorized by positions, showing the length of
continuing service of each teacher who is qualified to hold any
such positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list shall be made in accordance with
the alternative method. Copies of the list shall be distributed
to the exclusive employee representative on or before February
1 of each year. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5, or 150% of the
average number of teachers honorably dismissed in the preceding
3 years, whichever is more, then the board also shall hold a
public hearing on the question of the dismissals. Following the
hearing and board review, the action to approve any such

reduction shall require a majority vote of the board members.
(b) This subsection (b) applies only to honorable
dismissals and recalls in which the notice of dismissal is
provided during the 2011-2012 school term or a subsequent
school term. If any teacher, whether or not in contractual
continued service, is removed or dismissed as a result of a
decision of a school board to decrease the number of teachers
employed by the board, a decision of a school board to
discontinue some particular type of teaching service, or a
reduction in the number of programs or positions in a special
education joint agreement, then written notice must be mailed
to the teacher and also given to the teacher either by
certified mail, return receipt requested, or personal delivery
with receipt at least 45 days before the end of the school
term, together with a statement of honorable dismissal and the
reason therefor, and in all such cases the sequence of
dismissal shall occur in accordance with this subsection (b);
except that this subsection (b) shall not impair the operation
of any affirmative action program in the school district,
regardless of whether it exists by operation of law or is
conducted on a voluntary basis by the board.
Each teacher must be categorized into one or more positions
for which the teacher is qualified to hold, based upon legal
qualifications and any other qualifications established in a
district or joint agreement job description, on or before the
May 10 prior to the school year during which the sequence of

dismissal is determined. Within each position and subject to
agreements made by the joint committee on honorable dismissals
that are authorized by subsection (c) of this Section, the
school district or joint agreement must establish 4 groupings
of teachers qualified to hold the position as follows:
(1) Grouping one shall consist of each teacher who is
not in contractual continued service and who (i) has not
received a performance evaluation rating, (ii) is employed
for one school term or less to replace a teacher on leave,
or (iii) is employed on a part-time basis. "Part-time
basis" for the purposes of this subsection (b) means a
teacher who is employed to teach less than a full-day,
teacher workload or less than 5 days of the normal student
attendance week, unless otherwise provided for in a
collective bargaining agreement between the district and
the exclusive representative of the district's teachers.
For the purposes of this Section, a teacher (A) who is
employed as a full-time teacher but who actually teaches or
is otherwise present and participating in the district's
educational program for less than a school term or (B) who,
in the immediately previous school term, was employed on a
full-time basis and actually taught or was otherwise
present and participated in the district's educational
program for 120 days or more is not considered employed on
a part-time basis.
(2) Grouping 2 shall consist of each teacher with a

Needs Improvement or Unsatisfactory performance evaluation
rating on either of the teacher's last 2 performance
evaluation ratings.
(3) Grouping 3 shall consist of each teacher with a
performance evaluation rating of at least Satisfactory or
Proficient on both of the teacher's last 2 performance
evaluation ratings, if 2 ratings are available, or on the
teacher's last performance evaluation rating, if only one
rating is available, unless the teacher qualifies for
placement into grouping 4.
(4) Grouping 4 shall consist of each teacher whose last
2 performance evaluation ratings are Excellent and each
teacher with 2 Excellent performance evaluation ratings
out of the teacher's last 3 performance evaluation ratings
with a third rating of Satisfactory or Proficient.
Among teachers qualified to hold a position, teachers must
be dismissed in the order of their groupings, with teachers in
grouping one dismissed first and teachers in grouping 4
dismissed last.
Within grouping one, the sequence of dismissal must be at
the discretion of the school district or joint agreement.
Within grouping 2, the sequence of dismissal must be based upon
average performance evaluation ratings, with the teacher or
teachers with the lowest average performance evaluation rating
dismissed first. A teacher's average performance evaluation
rating must be calculated using the average of the teacher's

last 2 performance evaluation ratings, if 2 ratings are
available, or the teacher's last performance evaluation
rating, if only one rating is available, using the following
numerical values: 4 for Excellent; 3 for Proficient or
Satisfactory; 2 for Needs Improvement; and 1 for
Unsatisfactory. As between or among teachers in grouping 2 with
the same average performance evaluation rating and within each
of groupings 3 and 4, the teacher or teachers with the shorter
length of continuing service with the school district or joint
agreement must be dismissed first unless an alternative method
of determining the sequence of dismissal is established in a
collective bargaining agreement or contract between the board
and a professional faculty members' organization.
Each board, including the governing board of a joint
agreement, shall, in consultation with any exclusive employee
representatives, each year establish a sequence of honorable
dismissal list categorized by positions and the groupings
defined in this subsection (b). Copies of the list showing each
teacher by name and categorized by positions and the groupings
defined in this subsection (b) must be distributed to the
exclusive bargaining representative at least 75 days before the
end of the school term, provided that the school district or
joint agreement may, with notice to any exclusive employee
representatives, move teachers from grouping one into another
grouping during the period of time from 75 days until 45 days
before the end of the school term. Each year, each board shall

also establish, in consultation with any exclusive employee
representatives, a list showing the length of continuing
service of each teacher who is qualified to hold any such
positions, unless an alternative method of determining a
sequence of dismissal is established as provided for in this
Section, in which case a list must be made in accordance with
the alternative method. Copies of the list must be distributed
to the exclusive employee representative at least 75 days
before the end of the school term.
Any teacher dismissed as a result of such decrease or
discontinuance must be paid all earned compensation on or
before the third business day following the last day of pupil
attendance in the regular school term.
If the board or joint agreement has any vacancies for the
following school term or within one calendar year from the
beginning of the following school term, the positions thereby
becoming available must be tendered to the teachers so removed
or dismissed who were in groupings 3 or 4 of the sequence of
dismissal and are qualified to hold the positions, based upon
legal qualifications and any other qualifications established
in a district or joint agreement job description, on or before
the May 10 prior to the date of the positions becoming
available, provided that if the number of honorable dismissal
notices based on economic necessity exceeds 15% of the number
of full-time equivalent positions filled by certified
employees (excluding principals and administrative personnel)

during the preceding school year, then the recall period is for
the following school term or within 2 calendar years from the
beginning of the following school term. If the board or joint
agreement has any vacancies within the period from the
beginning of the following school term through February 1 of
the following school term (unless a date later than February 1,
but no later than 6 months from the beginning of the following
school term, is established in a collective bargaining
agreement), the positions thereby becoming available must be
tendered to the teachers so removed or dismissed who were in
grouping 2 of the sequence of dismissal due to one "needs
improvement" rating on either of the teacher's last 2
performance evaluation ratings, provided that, if 2 ratings are
available, the other performance evaluation rating used for
grouping purposes is "satisfactory", "proficient", or
"excellent", and are qualified to hold the positions, based
upon legal qualifications and any other qualifications
established in a district or joint agreement job description,
on or before the May 10 prior to the date of the positions
becoming available. On and after July 1, 2014 (the effective
date of Public Act 98-648) this amendatory Act of the 98th
General Assembly, the preceding sentence shall apply to
teachers removed or dismissed by honorable dismissal, even if
notice of honorable dismissal occurred during the 2013-2014
school year. Among teachers eligible for recall pursuant to the
preceding sentence, the order of recall must be in inverse

order of dismissal, unless an alternative order of recall is
established in a collective bargaining agreement or contract
between the board and a professional faculty members'
organization. Whenever the number of honorable dismissal
notices based upon economic necessity exceeds 5 notices or 150%
of the average number of teachers honorably dismissed in the
preceding 3 years, whichever is more, then the school board or
governing board of a joint agreement, as applicable, shall also
hold a public hearing on the question of the dismissals.
Following the hearing and board review, the action to approve
any such reduction shall require a majority vote of the board
members.
For purposes of this subsection (b), subject to agreement
on an alternative definition reached by the joint committee
described in subsection (c) of this Section, a teacher's
performance evaluation rating means the overall performance
evaluation rating resulting from an annual or biennial
performance evaluation conducted pursuant to Article 24A of
this Code by the school district or joint agreement determining
the sequence of dismissal, not including any performance
evaluation conducted during or at the end of a remediation
period. No more than one evaluation rating each school term
shall be one of the evaluation ratings used for the purpose of
determining the sequence of dismissal. Except as otherwise
provided in this subsection for any performance evaluations
conducted during or at the end of a remediation period, if

multiple performance evaluations are conducted in a school
term, only the rating from the last evaluation conducted prior
to establishing the sequence of honorable dismissal list in
such school term shall be the one evaluation rating from that
school term used for the purpose of determining the sequence of
dismissal. Averaging ratings from multiple evaluations is not
permitted unless otherwise agreed to in a collective bargaining
agreement or contract between the board and a professional
faculty members' organization. The preceding 3 sentences are
not a legislative declaration that existing law does or does
not already require that only one performance evaluation each
school term shall be used for the purpose of determining the
sequence of dismissal. For performance evaluation ratings
determined prior to September 1, 2012, any school district or
joint agreement with a performance evaluation rating system
that does not use either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code for
all teachers must establish a basis for assigning each teacher
a rating that complies with subsection (d) of Section 24A-5 of
this Code for all of the performance evaluation ratings that
are to be used to determine the sequence of dismissal. A
teacher's grouping and ranking on a sequence of honorable
dismissal shall be deemed a part of the teacher's performance
evaluation, and that information shall be disclosed to the
exclusive bargaining representative as part of a sequence of
honorable dismissal list, notwithstanding any laws prohibiting

disclosure of such information. A performance evaluation
rating may be used to determine the sequence of dismissal,
notwithstanding the pendency of any grievance resolution or
arbitration procedures relating to the performance evaluation.
If a teacher has received at least one performance evaluation
rating conducted by the school district or joint agreement
determining the sequence of dismissal and a subsequent
performance evaluation is not conducted in any school year in
which such evaluation is required to be conducted under Section
24A-5 of this Code, the teacher's performance evaluation rating
for that school year for purposes of determining the sequence
of dismissal is deemed Proficient. If a performance evaluation
rating is nullified as the result of an arbitration,
administrative agency, or court determination, then the school
district or joint agreement is deemed to have conducted a
performance evaluation for that school year, but the
performance evaluation rating may not be used in determining
the sequence of dismissal.
Nothing in this subsection (b) shall be construed as
limiting the right of a school board or governing board of a
joint agreement to dismiss a teacher not in contractual
continued service in accordance with Section 24-11 of this
Code.
Any provisions regarding the sequence of honorable
dismissals and recall of honorably dismissed teachers in a
collective bargaining agreement entered into on or before

January 1, 2011 and in effect on June 13, 2011 (the effective
date of Public Act 97-8) this amendatory Act of the 97th
General Assembly that may conflict with Public Act 97-8 this
amendatory Act of the 97th General Assembly shall remain in
effect through the expiration of such agreement or June 30,
2013, whichever is earlier.
(c) Each school district and special education joint
agreement must use a joint committee composed of equal
representation selected by the school board and its teachers
or, if applicable, the exclusive bargaining representative of
its teachers, to address the matters described in paragraphs
(1) through (5) of this subsection (c) pertaining to honorable
dismissals under subsection (b) of this Section.
(1) The joint committee must consider and may agree to
criteria for excluding from grouping 2 and placing into
grouping 3 a teacher whose last 2 performance evaluations
include a Needs Improvement and either a Proficient or
Excellent.
(2) The joint committee must consider and may agree to
an alternative definition for grouping 4, which definition
must take into account prior performance evaluation
ratings and may take into account other factors that relate
to the school district's or program's educational
objectives. An alternative definition for grouping 4 may
not permit the inclusion of a teacher in the grouping with
a Needs Improvement or Unsatisfactory performance

evaluation rating on either of the teacher's last 2
performance evaluation ratings.
(3) The joint committee may agree to including within
the definition of a performance evaluation rating a
performance evaluation rating administered by a school
district or joint agreement other than the school district
or joint agreement determining the sequence of dismissal.
(4) For each school district or joint agreement that
administers performance evaluation ratings that are
inconsistent with either of the rating category systems
specified in subsection (d) of Section 24A-5 of this Code,
the school district or joint agreement must consult with
the joint committee on the basis for assigning a rating
that complies with subsection (d) of Section 24A-5 of this
Code to each performance evaluation rating that will be
used in a sequence of dismissal.
(5) Upon request by a joint committee member submitted
to the employing board by no later than 10 days after the
distribution of the sequence of honorable dismissal list, a
representative of the employing board shall, within 5 days
after the request, provide to members of the joint
committee a list showing the most recent and prior
performance evaluation ratings of each teacher identified
only by length of continuing service in the district or
joint agreement and not by name. If, after review of this
list, a member of the joint committee has a good faith

belief that a disproportionate number of teachers with
greater length of continuing service with the district or
joint agreement have received a recent performance
evaluation rating lower than the prior rating, the member
may request that the joint committee review the list to
assess whether such a trend may exist. Following the joint
committee's review, but by no later than the end of the
applicable school term, the joint committee or any member
or members of the joint committee may submit a report of
the review to the employing board and exclusive bargaining
representative, if any. Nothing in this paragraph (5) shall
impact the order of honorable dismissal or a school
district's or joint agreement's authority to carry out a
dismissal in accordance with subsection (b) of this
Section.
Agreement by the joint committee as to a matter requires
the majority vote of all committee members, and if the joint
committee does not reach agreement on a matter, then the
otherwise applicable requirements of subsection (b) of this
Section shall apply. Except as explicitly set forth in this
subsection (c), a joint committee has no authority to agree to
any further modifications to the requirements for honorable
dismissals set forth in subsection (b) of this Section. The
joint committee must be established, and the first meeting of
the joint committee each school year must occur on or before
December 1.

The joint committee must reach agreement on a matter on or
before February 1 of a school year in order for the agreement
of the joint committee to apply to the sequence of dismissal
determined during that school year. Subject to the February 1
deadline for agreements, the agreement of a joint committee on
a matter shall apply to the sequence of dismissal until the
agreement is amended or terminated by the joint committee.
The provisions of the Open Meetings Act shall not apply to
meetings of a joint committee created under this subsection
(c).
(d) Notwithstanding anything to the contrary in this
subsection (d), the requirements and dismissal procedures of
Section 24-16.5 of this Code shall apply to any dismissal
sought under Section 24-16.5 of this Code.
(1) If a dismissal of a teacher in contractual
continued service is sought for any reason or cause other
than an honorable dismissal under subsections (a) or (b) of
this Section or a dismissal sought under Section 24-16.5 of
this Code, including those under Section 10-22.4, the board
must first approve a motion containing specific charges by
a majority vote of all its members. Written notice of such
charges, including a bill of particulars and the teacher's
right to request a hearing, must be mailed to the teacher
and also given to the teacher either by certified mail,
return receipt requested, or personal delivery with
receipt within 5 days of the adoption of the motion. Any

written notice sent on or after July 1, 2012 shall inform
the teacher of the right to request a hearing before a
mutually selected hearing officer, with the cost of the
hearing officer split equally between the teacher and the
board, or a hearing before a board-selected hearing
officer, with the cost of the hearing officer paid by the
board.
Before setting a hearing on charges stemming from
causes that are considered remediable, a board must give
the teacher reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if
the causes have been the subject of a remediation plan
pursuant to Article 24A of this Code.
If, in the opinion of the board, the interests of the
school require it, the board may suspend the teacher
without pay, pending the hearing, but if the board's
dismissal or removal is not sustained, the teacher shall
not suffer the loss of any salary or benefits by reason of
the suspension.
(2) No hearing upon the charges is required unless the
teacher within 17 days after receiving notice requests in
writing of the board that a hearing be scheduled before a
mutually selected hearing officer or a hearing officer
selected by the board. The secretary of the school board
shall forward a copy of the notice to the State Board of

Education.
(3) Within 5 business days after receiving a notice of
hearing in which either notice to the teacher was sent
before July 1, 2012 or, if the notice was sent on or after
July 1, 2012, the teacher has requested a hearing before a
mutually selected hearing officer, the State Board of
Education shall provide a list of 5 prospective, impartial
hearing officers from the master list of qualified,
impartial hearing officers maintained by the State Board of
Education. Each person on the master list must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience directly related to
labor and employment relations matters between employers
and employees or their exclusive bargaining
representatives and (ii) beginning September 1, 2012, have
participated in training provided or approved by the State
Board of Education for teacher dismissal hearing officers
so that he or she is familiar with issues generally
involved in evaluative and non-evaluative dismissals.
If notice to the teacher was sent before July 1, 2012
or, if the notice was sent on or after July 1, 2012, the
teacher has requested a hearing before a mutually selected
hearing officer, the board and the teacher or their legal
representatives within 3 business days shall alternately
strike one name from the list provided by the State Board
of Education until only one name remains. Unless waived by

the teacher, the teacher shall have the right to proceed
first with the striking. Within 3 business days of receipt
of the list provided by the State Board of Education, the
board and the teacher or their legal representatives shall
each have the right to reject all prospective hearing
officers named on the list and notify the State Board of
Education of such rejection. Within 3 business days after
receiving this notification, the State Board of Education
shall appoint a qualified person from the master list who
did not appear on the list sent to the parties to serve as
the hearing officer, unless the parties notify it that they
have chosen to alternatively select a hearing officer under
paragraph (4) of this subsection (d).
If the teacher has requested a hearing before a hearing
officer selected by the board, the board shall select one
name from the master list of qualified impartial hearing
officers maintained by the State Board of Education within
3 business days after receipt and shall notify the State
Board of Education of its selection.
A hearing officer mutually selected by the parties,
selected by the board, or selected through an alternative
selection process under paragraph (4) of this subsection
(d) (A) must not be a resident of the school district, (B)
must be available to commence the hearing within 75 days
and conclude the hearing within 120 days after being
selected as the hearing officer, and (C) must issue a

decision as to whether the teacher must be dismissed and
give a copy of that decision to both the teacher and the
board within 30 days from the conclusion of the hearing or
closure of the record, whichever is later.
(4) In the alternative to selecting a hearing officer
from the list received from the State Board of Education or
accepting the appointment of a hearing officer by the State
Board of Education or if the State Board of Education
cannot provide a list or appoint a hearing officer that
meets the foregoing requirements, the board and the teacher
or their legal representatives may mutually agree to select
an impartial hearing officer who is not on the master list
either by direct appointment by the parties or by using
procedures for the appointment of an arbitrator
established by the Federal Mediation and Conciliation
Service or the American Arbitration Association. The
parties shall notify the State Board of Education of their
intent to select a hearing officer using an alternative
procedure within 3 business days of receipt of a list of
prospective hearing officers provided by the State Board of
Education, notice of appointment of a hearing officer by
the State Board of Education, or receipt of notice from the
State Board of Education that it cannot provide a list that
meets the foregoing requirements, whichever is later.
(5) If the notice of dismissal was sent to the teacher
before July 1, 2012, the fees and costs for the hearing

officer must be paid by the State Board of Education. If
the notice of dismissal was sent to the teacher on or after
July 1, 2012, the hearing officer's fees and costs must be
paid as follows in this paragraph (5). The fees and
permissible costs for the hearing officer must be
determined by the State Board of Education. If the board
and the teacher or their legal representatives mutually
agree to select an impartial hearing officer who is not on
a list received from the State Board of Education, they may
agree to supplement the fees determined by the State Board
to the hearing officer, at a rate consistent with the
hearing officer's published professional fees. If the
hearing officer is mutually selected by the parties, then
the board and the teacher or their legal representatives
shall each pay 50% of the fees and costs and any
supplemental allowance to which they agree. If the hearing
officer is selected by the board, then the board shall pay
100% of the hearing officer's fees and costs. The fees and
costs must be paid to the hearing officer within 14 days
after the board and the teacher or their legal
representatives receive the hearing officer's decision set
forth in paragraph (7) of this subsection (d).
(6) The teacher is required to answer the bill of
particulars and aver affirmative matters in his or her
defense, and the time for initially doing so and the time
for updating such answer and defenses after pre-hearing

discovery must be set by the hearing officer. The State
Board of Education shall promulgate rules so that each
party has a fair opportunity to present its case and to
ensure that the dismissal process proceeds in a fair and
expeditious manner. These rules shall address, without
limitation, discovery and hearing scheduling conferences;
the teacher's initial answer and affirmative defenses to
the bill of particulars and the updating of that
information after pre-hearing discovery; provision for
written interrogatories and requests for production of
documents; the requirement that each party initially
disclose to the other party and then update the disclosure
no later than 10 calendar days prior to the commencement of
the hearing, the names and addresses of persons who may be
called as witnesses at the hearing, a summary of the facts
or opinions each witness will testify to, and all other
documents and materials, including information maintained
electronically, relevant to its own as well as the other
party's case (the hearing officer may exclude witnesses and
exhibits not identified and shared, except those offered in
rebuttal for which the party could not reasonably have
anticipated prior to the hearing); pre-hearing discovery
and preparation, including provision for written
interrogatories and requests for production of documents,
provided that discovery depositions are prohibited; the
conduct of the hearing; the right of each party to be

represented by counsel, the offer of evidence and witnesses
and the cross-examination of witnesses; the authority of
the hearing officer to issue subpoenas and subpoenas duces
tecum, provided that the hearing officer may limit the
number of witnesses to be subpoenaed on behalf of each
party to no more than 7; the length of post-hearing briefs;
and the form, length, and content of hearing officers'
decisions. The hearing officer shall hold a hearing and
render a final decision for dismissal pursuant to Article
24A of this Code or shall report to the school board
findings of fact and a recommendation as to whether or not
the teacher must be dismissed for conduct. The hearing
officer shall commence the hearing within 75 days and
conclude the hearing within 120 days after being selected
as the hearing officer, provided that the hearing officer
may modify these timelines upon the showing of good cause
or mutual agreement of the parties. Good cause for the
purpose of this subsection (d) shall mean the illness or
otherwise unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing
pursuant to Article 24A of this Code in which a witness is
a student or is under the age of 18, the hearing officer
must make accommodations for the witness, as provided under
paragraph (6.5) of this subsection. The , the hearing

officer shall consider and give weight to all of the
teacher's evaluations written pursuant to Article 24A that
are relevant to the issues in the hearing.
Each party shall have no more than 3 days to present
its case, unless extended by the hearing officer to enable
a party to present adequate evidence and testimony,
including due to the other party's cross-examination of the
party's witnesses, for good cause or by mutual agreement of
the parties. The State Board of Education shall define in
rules the meaning of "day" for such purposes. All testimony
at the hearing shall be taken under oath administered by
the hearing officer. The hearing officer shall cause a
record of the proceedings to be kept and shall employ a
competent reporter to take stenographic or stenotype notes
of all the testimony. The costs of the reporter's
attendance and services at the hearing shall be paid by the
party or parties who are responsible for paying the fees
and costs of the hearing officer. Either party desiring a
transcript of the hearing shall pay for the cost thereof.
Any post-hearing briefs must be submitted by the parties by
no later than 21 days after a party's receipt of the
transcript of the hearing, unless extended by the hearing
officer for good cause or by mutual agreement of the
parties.
(6.5) In the case of charges involving sexual abuse or
severe physical abuse of a student or a person under the

age of 18, the hearing officer shall make alternative
hearing procedures to protect a witness who is a student or
who is under the age of 18 from being intimidated or
traumatized. Alternative hearing procedures may include,
but are not limited to: (i) testimony made via a
telecommunication device in a location other than the
hearing room and outside the physical presence of the
teacher and other hearing participants, (ii) testimony
outside the physical presence of the teacher, or (iii)
non-public testimony. During a testimony described under
this subsection, each party must be permitted to ask a
witness who is a student or who is under 18 years of age
all relevant questions and follow-up questions. All
questions must exclude evidence of the witness' sexual
behavior or predisposition, unless the evidence is offered
to prove that someone other than the teacher subject to the
dismissal hearing engaged in the charge at issue.
(7) The hearing officer shall, within 30 days from the
conclusion of the hearing or closure of the record,
whichever is later, make a decision as to whether or not
the teacher shall be dismissed pursuant to Article 24A of
this Code or report to the school board findings of fact
and a recommendation as to whether or not the teacher shall
be dismissed for cause and shall give a copy of the
decision or findings of fact and recommendation to both the
teacher and the school board. If a hearing officer fails

without good cause, specifically provided in writing to
both parties and the State Board of Education, to render a
decision or findings of fact and recommendation within 30
days after the hearing is concluded or the record is
closed, whichever is later, the parties may mutually agree
to select a hearing officer pursuant to the alternative
procedure, as provided in this Section, to rehear the
charges heard by the hearing officer who failed to render a
decision or findings of fact and recommendation or to
review the record and render a decision. If any hearing
officer fails without good cause, specifically provided in
writing to both parties and the State Board of Education,
to render a decision or findings of fact and recommendation
within 30 days after the hearing is concluded or the record
is closed, whichever is later, the hearing officer shall be
removed from the master list of hearing officers maintained
by the State Board of Education for not more than 24
months. The parties and the State Board of Education may
also take such other actions as it deems appropriate,
including recovering, reducing, or withholding any fees
paid or to be paid to the hearing officer. If any hearing
officer repeats such failure, he or she must be permanently
removed from the master list maintained by the State Board
of Education and may not be selected by parties through the
alternative selection process under this paragraph (7) or
paragraph (4) of this subsection (d). The board shall not

lose jurisdiction to discharge a teacher if the hearing
officer fails to render a decision or findings of fact and
recommendation within the time specified in this Section.
If the decision of the hearing officer for dismissal
pursuant to Article 24A of this Code or of the school board
for dismissal for cause is in favor of the teacher, then
the hearing officer or school board shall order
reinstatement to the same or substantially equivalent
position and shall determine the amount for which the
school board is liable, including, but not limited to, loss
of income and benefits.
(8) The school board, within 45 days after receipt of
the hearing officer's findings of fact and recommendation
as to whether (i) the conduct at issue occurred, (ii) the
conduct that did occur was remediable, and (iii) the
proposed dismissal should be sustained, shall issue a
written order as to whether the teacher must be retained or
dismissed for cause from its employ. The school board's
written order shall incorporate the hearing officer's
findings of fact, except that the school board may modify
or supplement the findings of fact if, in its opinion, the
findings of fact are against the manifest weight of the
evidence.
If the school board dismisses the teacher
notwithstanding the hearing officer's findings of fact and
recommendation, the school board shall make a conclusion in

its written order, giving its reasons therefor, and such
conclusion and reasons must be included in its written
order. The failure of the school board to strictly adhere
to the timelines contained in this Section shall not render
it without jurisdiction to dismiss the teacher. The school
board shall not lose jurisdiction to discharge the teacher
for cause if the hearing officer fails to render a
recommendation within the time specified in this Section.
The decision of the school board is final, unless reviewed
as provided in paragraph (9) of this subsection (d).
If the school board retains the teacher, the school
board shall enter a written order stating the amount of
back pay and lost benefits, less mitigation, to be paid to
the teacher, within 45 days after its retention order.
Should the teacher object to the amount of the back pay and
lost benefits or amount mitigated, the teacher shall give
written objections to the amount within 21 days. If the
parties fail to reach resolution within 7 days, the dispute
shall be referred to the hearing officer, who shall
consider the school board's written order and teacher's
written objection and determine the amount to which the
school board is liable. The costs of the hearing officer's
review and determination must be paid by the board.
(9) The decision of the hearing officer pursuant to
Article 24A of this Code or of the school board's decision
to dismiss for cause is final unless reviewed as provided

in Section 24-16 of this Code Act. If the school board's
decision to dismiss for cause is contrary to the hearing
officer's recommendation, the court on review shall give
consideration to the school board's decision and its
supplemental findings of fact, if applicable, and the
hearing officer's findings of fact and recommendation in
making its decision. In the event such review is
instituted, the school board shall be responsible for
preparing and filing the record of proceedings, and such
costs associated therewith must be divided equally between
the parties.
(10) If a decision of the hearing officer for dismissal
pursuant to Article 24A of this Code or of the school board
for dismissal for cause is adjudicated upon review or
appeal in favor of the teacher, then the trial court shall
order reinstatement and shall remand the matter to the
school board with direction for entry of an order setting
the amount of back pay, lost benefits, and costs, less
mitigation. The teacher may challenge the school board's
order setting the amount of back pay, lost benefits, and
costs, less mitigation, through an expedited arbitration
procedure, with the costs of the arbitrator borne by the
school board.
Any teacher who is reinstated by any hearing or
adjudication brought under this Section shall be assigned
by the board to a position substantially similar to the one

which that teacher held prior to that teacher's suspension
or dismissal.
(11) Subject to any later effective date referenced in
this Section for a specific aspect of the dismissal
process, the changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011. Any
dismissal instituted prior to September 1, 2011 must be
carried out in accordance with the requirements of this
Section prior to amendment by Public Act 97-8.
(e) Nothing contained in Public Act 98-648 this amendatory
Act of the 98th General Assembly repeals, supersedes,
invalidates, or nullifies final decisions in lawsuits pending
on July 1, 2014 (the effective date of Public Act 98-648) this
amendatory Act of the 98th General Assembly in Illinois courts
involving the interpretation of Public Act 97-8.
(Source: P.A. 99-78, eff. 7-20-15; 100-768, eff. 1-1-19;
revised 9-28-18.)
(105 ILCS 5/24-14) (from Ch. 122, par. 24-14)
Sec. 24-14. Termination of contractual continued service
by teacher. A teacher who has entered into contractual
continued service may resign at any time by obtaining
concurrence of the board or by serving at least 30 days'
written notice upon the secretary of the board. However, no
teacher may resign during the school term, without the
concurrence of the board, in order to accept another teaching

assignment. Any teacher terminating said service not in
accordance with this Section may be referred by the board to
the State Superintendent of Education is guilty of
unprofessional conduct and liable to suspension of licensure
for a period not to exceed 1 year, as provided in Section
21B-75 of this Code. The State Superintendent or his or her
designee shall convene an informal evidentiary hearing no later
than 90 days after receipt of a resolution by the board. If the
State Superintendent or his or her designee finds that the
teacher resigned during the school term without the concurrence
of the board to accept another teaching assignment, the State
Superintendent must suspend the teacher's license for one
calendar year. In lieu of a hearing and finding, the teacher
may agree to a lesser licensure sanction at the discretion of
the State Superintendent.
(Source: P.A. 97-607, eff. 8-26-11.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public

school or attendance center to charter school status. Beginning
on April 16, 2003 (the effective date of Public Act 93-3), in
all new applications to establish a charter school in a city
having a population exceeding 500,000, operation of the charter
school shall be limited to one campus. The changes made to this
Section by Public Act 93-3 do not apply to charter schools
existing or approved on or before April 16, 2003 (the effective
date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to
the General Assembly a report on the effect of
virtual-schooling, including without limitation the effect on
student performance, the costs associated with

virtual-schooling, and issues with oversight. The report shall
include policy recommendations for virtual-schooling.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter school
shall be subject to the Freedom of Information Act and the Open
Meetings Act.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and school
personnel. "Non-curricular health and safety requirement" does
not include any course of study or specialized instructional
requirement for which the State Board has established goals and
learning standards or which is designed primarily to impart
knowledge and skills for students to master and apply as an
outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall be
updated annually no later than September 1. Any charter

contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for

proper financial oversight of the charter school, an authorizer
may require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act, all
federal and State laws and rules applicable to public schools
that pertain to special education and the instruction of
English learners, and its charter. A charter school is exempt
from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code regarding
criminal history records checks and checks of the Statewide
Sex Offender Database and Statewide Murderer and Violent
Offender Against Youth Database of applicants for
employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school report
cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code; and
(14) Section 26-18 of this Code; and
(15) Section 22-30 of this Code; and .
(16) Sections 24-12 and 34-85 of this Code.
The change made by Public Act 96-104 to this subsection (g)
is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required to
perform in order to carry out the terms of its charter.

However, a charter school that is established on or after April
16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school
reasonable rent for the use of the district's buildings,
grounds, and facilities. Any services for which a charter
school contracts with a school district shall be provided by
the district at cost. Any services for which a charter school
contracts with a local school board or with the governing body
of a State college or university or public community college
shall be provided by the public entity at cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school
board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or
grade level.

(k) If the charter school is approved by the Commission,
then the Commission charter school is its own local education
agency.
(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
eff. 8-14-18; revised 10-5-18.)
(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) Licensed and nonlicensed 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 disqualifying, of the enumerated
criminal or drug offenses in subsection (c) of this Section or
have been convicted, within 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
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,
forever and hereinafter, until 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. The check of the Statewide Sex Offender
Database must be conducted by the school district or regional
superintendent once for every 5 years that an applicant remains
employed by the school district.
(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. The check of the Murderer and Violent

Offender Against Youth Database must be conducted by the school
district or regional superintendent once for every 5 years that
an applicant remains employed by the school district.
(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
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 Educator Preparation and Licensure 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 or drug offenses in subsection (c) of
this Section or has not been convicted, within 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 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 or drug
offenses in subsection (c) of this Section or has not been
convicted, within 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, 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 unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
Section 21B-80 of this Code, except as provided under
subsection (b) of 21B-80. 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. As a condition of employment, the
board of education must consider the status of a person who has
been issued an indicated finding of abuse or neglect of a child
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
(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) No later than 15 business days after receipt of a
record of conviction or of checking the Statewide Murderer and
Violent Offender Against Youth Database or the Statewide Sex
Offender Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license certificate issued
pursuant to Article 21B 21 or Section 34-8.1 or 34-83 of the
School Code, the State Superintendent of Education may initiate
licensure certificate suspension and revocation proceedings as
authorized by law. If the receipt of the record of conviction
or finding of child abuse is received within 6 months after the
initial grant of or renewal of a license, the State
Superintendent of Education may rescind the license holder's
license.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license 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
license certificate holder's dismissal or resignation from the

school district. This notification must be submitted within 30
days after the dismissal or resignation. The license
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 Educator Preparation and Licensure 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 21B 21 of this Code, (ii) pursuant to a court order,
(iii) for disclosure to the license 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 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
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student

teacher to the school district. Upon receipt of this
authorization and payment, the school district shall submit the
student teacher'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. 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, forever and hereinafter, until expunged, to the
president of the board. The Department shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. The
board may not knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex Offender
Database check, and a Statewide Murderer and Violent Offender
Against Youth Database check have not been completed and
reviewed by the district.
A copy of the record of convictions obtained from the
Department of State Police must be provided to the student
teacher. Any information concerning the record of convictions

obtained by the president of the board is confidential and may
only be transmitted to the general superintendent of schools or
his or her designee, the State Superintendent of Education, the
State Educator Preparation and Licensure Board, or, for
clarification purposes, the Department of State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
The board may not knowingly allow a person to student teach
who has been convicted of any offense that would subject him or
her to license suspension or revocation pursuant to subsection
(c) of Section 21B-80 of this Code, except as provided under
subsection (b) of Section 21B-80. Further, the board may not
allow a person to student teach if he or she or 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. The board must
consider the status of a person to student teach who has been
issued an indicated finding of abuse or neglect of a child by
the Department of Children and Family Services under the Abused
and Neglected Child Reporting Act or by a child welfare agency
of another jurisdiction.
(h) (Blank).
(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)

(105 ILCS 5/34-18.6) (from Ch. 122, par. 34-18.6)
Sec. 34-18.6. Child abuse and neglect; detection,
reporting, and prevention; willful or negligent failure to
report.
(a) The Board of Education may provide staff development
for local school site personnel who work with pupils in grades
kindergarten through 8 in the detection, reporting, and
prevention of child abuse and neglect.
(b) The Department of Children and Family Services may, in
cooperation with school officials, distribute appropriate
materials in school buildings listing the toll-free telephone
number established in Section 7.6 of the Abused and Neglected
Child Reporting Act, including methods of making a report under
Section 7 of the Abused and Neglected Child Reporting Act, to
be displayed in a clearly visible location in each school
building.
(c) Except for an employee licensed under Article 21B of
this Code, if the board determines that any school district
employee has willfully or negligently failed to report an
instance of suspected child abuse or neglect, as required by
the Abused and Neglected Child Reporting Act, then the board
may dismiss that employee immediately upon that determination.
For purposes of this subsection (c), negligent failure to
report an instance of suspected child abuse or neglect occurs
when a school district employee personally observes an instance
of suspected child abuse or neglect and reasonably believes, in

his or her professional or official capacity, that the instance
constitutes an act of child abuse or neglect under the Abused
and Neglected Child Reporting Act, and he or she, without
willful intent, fails to immediately report or cause a report
to be made of the suspected abuse or neglect to the Department
of Children and Family Services, as required by the Abused and
Neglected Child Reporting Act.
(Source: P.A. 100-413, eff. 1-1-18; 100-468, eff. 6-1-18.)
(105 ILCS 5/34-18.61 new)
Sec. 34-18.61. Sexual abuse investigations at schools.
Every 2 years, the school district must review all existing
policies and procedures concerning sexual abuse investigations
at schools to ensure consistency with Section 22-85.
(105 ILCS 5/34-85) (from Ch. 122, par. 34-85)
Sec. 34-85. Removal for cause; notice and hearing;
suspension.
(a) No teacher employed by the board of education shall
(after serving the probationary period specified in Section
34-84) be removed except for cause. Teachers (who have
completed the probationary period specified in Section 34-84 of
this Code) shall be removed for cause in accordance with the
procedures set forth in this Section or, at the board's option,
the procedures set forth in Section 24-16.5 of this Code or
such other procedures established in an agreement entered into

between the board and the exclusive representative of the
district's teachers under Section 34-85c of this Code for
teachers (who have completed the probationary period specified
in Section 34-84 of this Code) assigned to schools identified
in that agreement. No principal employed by the board of
education shall be removed during the term of his or her
performance contract except for cause, which may include but is
not limited to the principal's repeated failure to implement
the school improvement plan or to comply with the provisions of
the Uniform Performance Contract, including additional
criteria established by the Council for inclusion in the
performance contract pursuant to Section 34-2.3.
Before service of notice of charges on account of causes
that may be deemed to be remediable, the teacher or principal
must be given reasonable warning in writing, stating
specifically the causes that, if not removed, may result in
charges; however, no such written warning is required if the
causes have been the subject of a remediation plan pursuant to
Article 24A of this Code or if the board and the exclusive
representative of the district's teachers have entered into an
agreement pursuant to Section 34-85c of this Code, pursuant to
an alternative system of remediation. No written warning shall
be required for conduct on the part of a teacher or principal
that is cruel, immoral, negligent, or criminal or that in any
way causes psychological or physical harm or injury to a
student, as that conduct is deemed to be irremediable. No

written warning shall be required for a material breach of the
uniform principal performance contract, as that conduct is
deemed to be irremediable; provided that not less than 30 days
before the vote of the local school council to seek the
dismissal of a principal for a material breach of a uniform
principal performance contract, the local school council shall
specify the nature of the alleged breach in writing and provide
a copy of it to the principal.
(1) To initiate dismissal proceedings against a
teacher or principal, the general superintendent must
first approve written charges and specifications against
the teacher or principal. A local school council may direct
the general superintendent to approve written charges
against its principal on behalf of the Council upon the
vote of 7 members of the Council. The general
superintendent must approve those charges within 45
calendar days or provide a written reason for not approving
those charges. A written notice of those charges, including
specifications, shall be served upon the teacher or
principal within 10 business days of the approval of the
charges. Any written notice sent on or after July 1, 2012
shall also inform the teacher or principal of the right to
request a hearing before a mutually selected hearing
officer, with the cost of the hearing officer split equally
between the teacher or principal and the board, or a
hearing before a qualified hearing officer chosen by the

general superintendent, with the cost of the hearing
officer paid by the board. If the teacher or principal
cannot be found upon diligent inquiry, such charges may be
served upon him by mailing a copy thereof in a sealed
envelope by prepaid certified mail, return receipt
requested, to the teacher's or principal's last known
address. A return receipt showing delivery to such address
within 20 calendar days after the date of the approval of
the charges shall constitute proof of service.
(2) No hearing upon the charges is required unless the
teacher or principal within 17 calendar days after
receiving notice requests in writing of the general
superintendent that a hearing be scheduled. Pending the
hearing of the charges, the general superintendent or his
or her designee may suspend the teacher or principal
charged without pay in accordance with rules prescribed by
the board, provided that if the teacher or principal
charged is not dismissed based on the charges, he or she
must be made whole for lost earnings, less setoffs for
mitigation.
(3) The board shall maintain a list of at least 9
qualified hearing officers who will conduct hearings on
charges and specifications. The list must be developed in
good faith consultation with the exclusive representative
of the board's teachers and professional associations that
represent the board's principals. The list may be revised

on July 1st of each year or earlier as needed. To be a
qualified hearing officer, the person must (i) be
accredited by a national arbitration organization and have
had a minimum of 5 years of experience as an arbitrator in
cases involving labor and employment relations matters
between employers and employees or their exclusive
bargaining representatives and (ii) beginning September 1,
2012, have participated in training provided or approved by
the State Board of Education for teacher dismissal hearing
officers so that he or she is familiar with issues
generally involved in evaluative and non-evaluative
dismissals.
Within 5 business days after receiving the notice of
request for a hearing, the general superintendent and the
teacher or principal or their legal representatives shall
alternately strike one name from the list until only one
name remains. Unless waived by the teacher, the teacher or
principal shall have the right to proceed first with the
striking. If the teacher or principal fails to participate
in the striking process, the general superintendent shall
either select the hearing officer from the list developed
pursuant to this paragraph (3) or select another qualified
hearing officer from the master list maintained by the
State Board of Education pursuant to subsection (c) of
Section 24-12 of this Code.
(4) If the notice of dismissal was sent to the teacher

or principal before July 1, 2012, the fees and costs for
the hearing officer shall be paid by the State Board of
Education. If the notice of dismissal was sent to the
teacher or principal on or after July 1, 2012, the hearing
officer's fees and costs must be paid as follows in this
paragraph (4). The fees and permissible costs for the
hearing officer shall be determined by the State Board of
Education. If the hearing officer is mutually selected by
the parties through alternate striking in accordance with
paragraph (3) of this subsection (a), then the board and
the teacher or their legal representative shall each pay
50% of the fees and costs and any supplemental allowance to
which they agree. If the hearing officer is selected by the
general superintendent without the participation of the
teacher or principal, then the board shall pay 100% of the
hearing officer fees and costs. The hearing officer shall
submit for payment a billing statement to the parties that
itemizes the charges and expenses and divides them in
accordance with this Section.
(5) The teacher or the principal charged is required to
answer the charges and specifications and aver affirmative
matters in his or her defense, and the time for doing so
must be set by the hearing officer. The State Board of
Education shall adopt rules so that each party has a fair
opportunity to present its case and to ensure that the
dismissal proceeding is concluded in an expeditious

manner. The rules shall address, without limitation, the
teacher or principal's answer and affirmative defenses to
the charges and specifications; a requirement that each
party make mandatory disclosures without request to the
other party and then update the disclosure no later than 10
calendar days prior to the commencement of the hearing,
including a list of the names and addresses of persons who
may be called as witnesses at the hearing, a summary of the
facts or opinions each witness will testify to, and all
other documents and materials, including information
maintained electronically, relevant to its own as well as
the other party's case (the hearing officer may exclude
witnesses and exhibits not identified and shared, except
those offered in rebuttal for which the party could not
reasonably have anticipated prior to the hearing);
pre-hearing discovery and preparation, including provision
for written interrogatories and requests for production of
documents, provided that discovery depositions are
prohibited; the conduct of the hearing; the right of each
party to be represented by counsel, the offer of evidence
and witnesses and the cross-examination of witnesses; the
authority of the hearing officer to issue subpoenas and
subpoenas duces tecum, provided that the hearing officer
may limit the number of witnesses to be subpoenaed in
behalf of each party to no more than 7; the length of
post-hearing briefs; and the form, length, and content of

hearing officers' reports and recommendations to the
general superintendent.
The hearing officer shall commence the hearing within
75 calendar days and conclude the hearing within 120
calendar days after being selected by the parties as the
hearing officer, provided that these timelines may be
modified upon the showing of good cause or mutual agreement
of the parties. Good cause for the purposes of this
paragraph (5) shall mean the illness or otherwise
unavoidable emergency of the teacher, district
representative, their legal representatives, the hearing
officer, or an essential witness as indicated in each
party's pre-hearing submission. In a dismissal hearing in
which a witness is a student or is under the age of 18, the
hearing officer must make accommodations for the witness,
as provided under paragraph (5.5) of this subsection. The ,
the hearing officer shall consider and give weight to all
of the teacher's evaluations written pursuant to Article
24A that are relevant to the issues in the hearing. Except
as otherwise provided under paragraph (5.5) of this
subsection, the The teacher or principal has the privilege
of being present at the hearing with counsel and of
cross-examining witnesses and may offer evidence and
witnesses and present defenses to the charges. Each party
shall have no more than 3 days to present its case, unless
extended by the hearing officer to enable a party to

present adequate evidence and testimony, including due to
the other party's cross-examination of the party's
witnesses, for good cause or by mutual agreement of the
parties. The State Board of Education shall define in rules
the meaning of "day" for such purposes. All testimony at
the hearing shall be taken under oath administered by the
hearing officer. The hearing officer shall cause a record
of the proceedings to be kept and shall employ a competent
reporter to take stenographic or stenotype notes of all the
testimony. The costs of the reporter's attendance and
services at the hearing shall be paid by the party or
parties who are paying the fees and costs of the hearing
officer. Either party desiring a transcript of the hearing
shall pay for the cost thereof. At the close of the
hearing, the hearing officer shall direct the parties to
submit post-hearing briefs no later than 21 calendar days
after receipt of the transcript. Either or both parties may
waive submission of briefs.
(5.5) In the case of charges involving sexual abuse or
severe physical abuse of a student or a person under the
age of 18, the hearing officer shall make alternative
hearing procedures to protect a witness who is a student or
who is under the age of 18 from being intimidated or
traumatized. Alternative hearing procedures may include,
but are not limited to: (i) testimony made via a
telecommunication device in a location other than the

hearing room and outside the physical presence of the
teacher or principal and other hearing participants, (ii)
testimony outside the physical presence of the teacher or
principal, or (iii) non-public testimony. During a
testimony described under this subsection, each party must
be permitted to ask a witness who is a student or who is
under 18 years of age all relevant questions and follow-up
questions. All questions must exclude evidence of the
witness' sexual behavior or predisposition, unless the
evidence is offered to prove that someone other than the
teacher subject to the dismissal hearing engaged in the
charge at issue.
(6) The hearing officer shall within 30 calendar days
from the conclusion of the hearing report to the general
superintendent findings of fact and a recommendation as to
whether or not the teacher or principal shall be dismissed
and shall give a copy of the report to both the teacher or
principal and the general superintendent. The State Board
of Education shall provide by rule the form of the hearing
officer's report and recommendation.
(7) The board, within 45 days of receipt of the hearing
officer's findings of fact and recommendation, shall make a
decision as to whether the teacher or principal shall be
dismissed from its employ. The failure of the board to
strictly adhere to the timeliness contained herein shall
not render it without jurisdiction to dismiss the teacher

or principal. In the event that the board declines to
dismiss the teacher or principal after review of a hearing
officer's recommendation, the board shall set the amount of
back pay and benefits to award the teacher or principal,
which shall include offsets for interim earnings and
failure to mitigate losses. The board shall establish
procedures for the teacher's or principal's submission of
evidence to it regarding lost earnings, lost benefits,
mitigation, and offsets. The decision of the board is final
unless reviewed in accordance with paragraph (8) of this
subsection (a).
(8) The teacher may seek judicial review of the board's
decision in accordance with the Administrative Review Law,
which is specifically incorporated in this Section, except
that the review must be initiated in the Illinois Appellate
Court for the First District. In the event judicial review
is instituted, any costs of preparing and filing the record
of proceedings shall be paid by the party instituting the
review. In the event the appellate court reverses a board
decision to dismiss a teacher or principal and directs the
board to pay the teacher or the principal back pay and
benefits, the appellate court shall remand the matter to
the board to issue an administrative decision as to the
amount of back pay and benefits, which shall include a
calculation of the lost earnings, lost benefits,
mitigation, and offsets based on evidence submitted to the

board in accordance with procedures established by the
board.
(b) Nothing in this Section affects the validity of removal
for cause hearings commenced prior to June 13, 2011 (the
effective date of Public Act 97-8).
The changes made by Public Act 97-8 shall apply to
dismissals instituted on or after September 1, 2011 or the
effective date of Public Act 97-8, whichever is later. Any
dismissal instituted prior to the effective date of these
changes must be carried out in accordance with the requirements
of this Section prior to amendment by Public Act 97-8.
(Source: P.A. 99-78, eff. 7-20-15.)
Section 10. The Personnel Record Review Act is amended by
changing Sections 8 and 9 as follows:
(820 ILCS 40/8) (from Ch. 48, par. 2008)
Sec. 8. An employer shall review a personnel record before
releasing information to a third party and, except when the
release is ordered to a party in a legal action or arbitration,
delete disciplinary reports, letters of reprimand, or other
records of disciplinary action which are more than 4 years old.
This Section does not apply to a school district or an
authorized employee or agent of a school district who is
sharing information related to an incident or an attempted
incident of sexual abuse or severe physical abuse.

(Source: P.A. 83-1104.)
(820 ILCS 40/9) (from Ch. 48, par. 2009)
Sec. 9. An employer shall not gather or keep a record of an
employee's associations, political activities, publications,
communications or nonemployment activities, unless the
employee submits the information in writing or authorizes the
employer in writing to keep or gather the information. This
prohibition shall not apply to (i) activities or associations
with individuals or groups involved in the physical, sexual, or
other exploitation of a minor or (ii) the activities that occur
on the employer's premises or during the employee's working
hours with that employer which interfere with the performance
of the employee's duties or the duties of other employees or
activities, regardless of when and where occurring, which
constitute criminal conduct or may reasonably be expected to
harm the employer's property, operations or business, or could
by the employee's action cause the employer financial
liability. A record which is kept by the employer as permitted
under this Section shall be part of the personnel record.
(Source: P.A. 91-357, eff. 7-29-99.)