IL
Illinois House Bill HB4896

Illinois 2023-2024 Regular Session

Illinois House Bill HB4896 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4896 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-85.5105 ILCS 5/22-94 Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations and all available methods for how to report staff-student boundary violations within a school and to external agencies must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic school. In provisions concerning an employment history review, provides that a job applicant shall provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a substitute employee licensed by the State Board of Education and seeking employment in more than one school district, the employment history review shall be conducted by the regional office of education or intermediate service center in which the school districts are located. Provides for when this review is required and how the review remains valid, and provides for immunity for regional offices of education and intermediate service centers. LRB103 37153 RJT 67272 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4896 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-85.5105 ILCS 5/22-94 105 ILCS 5/22-85.5 105 ILCS 5/22-94 Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations and all available methods for how to report staff-student boundary violations within a school and to external agencies must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic school. In provisions concerning an employment history review, provides that a job applicant shall provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a substitute employee licensed by the State Board of Education and seeking employment in more than one school district, the employment history review shall be conducted by the regional office of education or intermediate service center in which the school districts are located. Provides for when this review is required and how the review remains valid, and provides for immunity for regional offices of education and intermediate service centers. LRB103 37153 RJT 67272 b LRB103 37153 RJT 67272 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4896 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3+105 ILCS 5/22-85.5105 ILCS 5/22-94 105 ILCS 5/22-85.5 105 ILCS 5/22-94
4+105 ILCS 5/22-85.5
5+105 ILCS 5/22-94
6+Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations and all available methods for how to report staff-student boundary violations within a school and to external agencies must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic school. In provisions concerning an employment history review, provides that a job applicant shall provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a substitute employee licensed by the State Board of Education and seeking employment in more than one school district, the employment history review shall be conducted by the regional office of education or intermediate service center in which the school districts are located. Provides for when this review is required and how the review remains valid, and provides for immunity for regional offices of education and intermediate service centers.
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9+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
10+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
11+A BILL FOR
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314 1 AN ACT concerning education.
415 2 Be it enacted by the People of the State of Illinois,
516 3 represented in the General Assembly:
617 4 Section 5. The School Code is amended by changing Sections
718 5 22-85.5 and 22-94 as follows:
819 6 (105 ILCS 5/22-85.5)
920 7 Sec. 22-85.5. Sexual misconduct in schools.
1021 8 (a) This Section applies beginning on July 1, 2022.
1122 9 (b) The General Assembly finds that:
1223 10 (1) the success of students in school relies on safe
1324 11 learning environments and healthy relationships with
1425 12 school personnel;
1526 13 (2) it is important for staff to maintain a
1627 14 professional relationship with students at all times and
1728 15 to define staff-student boundaries to protect students
1829 16 from sexual misconduct by staff and staff from the
1930 17 appearance of impropriety;
2031 18 (3) many breaches of staff-student boundaries do not
2132 19 rise to the level of criminal behavior but do pose a
2233 20 potential risk to student safety;
2334 21 (4) repeated violations of staffstudent boundaries
2435 22 can indicate the grooming of a student for sexual abuse;
2536 23 (5) it is necessary to uphold the State Board of
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40+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4896 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
41+105 ILCS 5/22-85.5105 ILCS 5/22-94 105 ILCS 5/22-85.5 105 ILCS 5/22-94
42+105 ILCS 5/22-85.5
43+105 ILCS 5/22-94
44+Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations and all available methods for how to report staff-student boundary violations within a school and to external agencies must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic school. In provisions concerning an employment history review, provides that a job applicant shall provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a substitute employee licensed by the State Board of Education and seeking employment in more than one school district, the employment history review shall be conducted by the regional office of education or intermediate service center in which the school districts are located. Provides for when this review is required and how the review remains valid, and provides for immunity for regional offices of education and intermediate service centers.
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47+STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
48+ STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
49+A BILL FOR
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3479 1 Education's Code of Ethics for Illinois Educators and for
3580 2 each school district, charter school, or nonpublic school
3681 3 to have an employee code of professional conduct policy;
3782 4 (6) each school district, charter school, or nonpublic
3883 5 school must have the ability to discipline educators for
3984 6 breaches of its employee code of professional conduct
4085 7 policy;
4186 8 (7) each school district, charter school, or nonpublic
4287 9 school must have the ability to know if any of its
4388 10 educators have violated professional staffstudent
4489 11 boundaries in previous employment; and
4590 12 (8) as bystanders, educators may have knowledge of
4691 13 concerning behaviors that no one else is aware of, so they
4792 14 need adequate training on sexual abuse, the employee code
4893 15 of professional conduct policy, and federal and State
4994 16 reporting requirements.
5095 17 (c) In this Section, "sexual misconduct" means any act,
5196 18 including, but not limited to, any verbal, nonverbal, written,
5297 19 or electronic communication or physical activity, by an
5398 20 employee or agent of the school district, charter school, or
5499 21 nonpublic school with direct contact with a student that is
55100 22 directed toward or with a student to establish a romantic or
56101 23 sexual relationship with the student. Such an act includes,
57102 24 but is not limited to, any of the following:
58103 25 (1) A sexual or romantic invitation.
59104 26 (2) Dating or soliciting a date.
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70115 1 (3) Engaging in sexualized or romantic dialog.
71116 2 (4) Making sexually suggestive comments that are
72117 3 directed toward or with a student.
73118 4 (5) Self-disclosure or physical exposure of a sexual,
74119 5 romantic, or erotic nature.
75120 6 (6) A sexual, indecent, romantic, or erotic contact
76121 7 with the student.
77122 8 (d) To prevent sexual misconduct with students, each
78123 9 school district, charter school, or nonpublic school shall
79124 10 develop an employee code of professional conduct policy that
80125 11 addresses all of the following:
81126 12 (1) Incorporates the Code of Ethics for Illinois
82127 13 Educators.
83128 14 (2) Incorporates the definition of "sexual misconduct"
84129 15 in this Section.
85130 16 (3) Identifies the expectations for employees and
86131 17 agents of the school district, charter school, or
87132 18 nonpublic school regarding how to maintain a professional
88133 19 relationship with students, including the expectations for
89134 20 staff-student boundaries, recognizing the age and
90135 21 developmental level of the students served, and
91136 22 establishes guidelines for all of the following
92137 23 situations:
93138 24 (A) Transporting a student.
94139 25 (B) Taking or possessing a photo or a video of a
95140 26 student.
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106151 1 (C) Meeting with a student or contacting a student
107152 2 outside of the employee's or agent's professional
108153 3 role.
109154 4 (4) References the employee reporting requirements
110155 5 required under the Abused and Neglected Child Reporting
111156 6 Act and under Title IX of the federal Education Amendments
112157 7 of 1972.
113158 8 (5) References required employee training that is
114159 9 related to child abuse and educator ethics that are
115160 10 applicable under State and federal law.
116161 11 (e) The employee code of professional conduct policy,
117162 12 guidelines established for all of the situations identified in
118-13 paragraph (3) of subsection (d), and all available methods for
163+13 paragraph (3) subsection (d), and all available methods for
119164 14 how to report staff-student boundary violations within a
120165 15 school and to external agencies must be posted on the website,
121166 16 if any, of each school district, charter school, or nonpublic
122-17 school and must be included in any staff, student, and or
123-18 parent handbook provided by the school district, charter
124-19 school, or nonpublic, nonsectarian elementary or secondary
125-20 school.
126-21 (f) A violation of the employee code of professional
127-22 conduct policy may subject an employee to disciplinary action
128-23 up to and including dismissal from employment. Failure to
129-24 report a violation of the employee code of professional
130-25 conduct policy may subject an employee to disciplinary action
131-26 up to and including dismissal from employment.
167+17 school and must be included in any staff, student, or parent
168+18 handbook provided by the school district, charter school, or
169+19 nonpublic, nonsectarian elementary or secondary school.
170+20 (f) A violation of the employee code of professional
171+21 conduct policy may subject an employee to disciplinary action
172+22 up to and including dismissal from employment. Failure to
173+23 report a violation of the employee code of professional
174+24 conduct policy may subject an employee to disciplinary action
175+25 up to and including dismissal from employment.
176+26 (Source: P.A. 102-676, eff. 12-3-21.)
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142-1 (Source: P.A. 102-676, eff. 12-3-21.)
143-2 (105 ILCS 5/22-94)
144-3 Sec. 22-94. Employment history review.
145-4 (a) This Section applies to all permanent and temporary
146-5 positions for employment with a school or a contractor of a
147-6 school involving direct contact with children or students.
148-7 (b) In this Section:
149-8 "Contractor" means firms holding contracts with any school
150-9 including, but not limited to, food service workers, school
151-10 bus drivers and other transportation employees, who have
152-11 direct contact with children or students.
153-12 "Direct contact with children or students" means the
154-13 possibility of care, supervision, guidance, or control of
155-14 children or students or routine interaction with children or
156-15 students.
157-16 "School" means a public or nonpublic elementary or
158-17 secondary school.
159-18 "Sexual misconduct" has the meaning ascribed to it in
160-19 subsection (c) of Section 22-85.5 of this Code.
161-20 (c) Prior to hiring an applicant to work directly with
162-21 children or students, a school or contractor must ensure that
163-22 the following criteria are met:
164-23 (1) the school or contractor has no knowledge or
165-24 information pertaining to the applicant that would
166-25 disqualify the applicant from employment;
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187+1 (105 ILCS 5/22-94)
188+2 Sec. 22-94. Employment history review.
189+3 (a) This Section applies to all permanent and temporary
190+4 positions for employment with a school or a contractor of a
191+5 school involving direct contact with children or students.
192+6 (b) In this Section:
193+7 "Contractor" means firms holding contracts with any school
194+8 including, but not limited to, food service workers, school
195+9 bus drivers and other transportation employees, who have
196+10 direct contact with children or students.
197+11 "Direct contact with children or students" means the
198+12 possibility of care, supervision, guidance, or control of
199+13 children or students or routine interaction with children or
200+14 students.
201+15 "School" means a public or nonpublic elementary or
202+16 secondary school.
203+17 "Sexual misconduct" has the meaning ascribed to it in
204+18 subsection (c) of Section 22-85.5 of this Code.
205+19 (c) Prior to hiring an applicant to work directly with
206+20 children or students, a school or contractor must ensure that
207+21 the following criteria are met:
208+22 (1) the school or contractor has no knowledge or
209+23 information pertaining to the applicant that would
210+24 disqualify the applicant from employment;
211+25 (2) the applicant swears or affirms that the applicant
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177-1 (2) the applicant swears or affirms that the applicant
178-2 is not disqualified from employment;
179-3 (3) using the template developed by the State Board of
180-4 Education, the applicant provides all of the following:
181-5 (A) a list, including the name, address, telephone
182-6 number, and other relevant contact information of the
183-7 following:
184-8 (i) the applicant's current employer if the
185-9 applicant has direct contact with children or
186-10 students at the applicant's current employer;
187-11 (ii) all former employers of the applicant
188-12 that were schools or school contractors, as well
189-13 as all former employers at which the applicant had
190-14 direct contact with children or students;
191-15 (B) A written authorization that consents to and
192-16 authorizes disclosure by the applicant's current and
193-17 former employers under subparagraph (A) of this
194-18 paragraph (3) of the information requested under
195-19 paragraph (4) of this subsection (c) and the release
196-20 of related records and that releases those employers
197-21 from any liability that may arise from such disclosure
198-22 or release of records pursuant to subsection (e).
199-23 (C) A written statement of whether the applicant:
200-24 (i) has been the subject of a sexual
201-25 misconduct allegation, unless a subsequent
202-26 investigation resulted in a finding that the
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222+1 is not disqualified from employment;
223+2 (3) using the template developed by the State Board of
224+3 Education, the applicant provides all of the following:
225+4 (A) a list, including the name, address, telephone
226+5 number, and other relevant contact information of the
227+6 following:
228+7 (i) the applicant's current employer if the
229+8 applicant has direct contact with children or
230+9 students at the applicant's current employer;
231+10 (ii) all former employers of the applicant
232+11 that were schools or school contractors, as well
233+12 as all former employers at which the applicant had
234+13 direct contact with children or students;
235+14 (B) A written authorization that consents to and
236+15 authorizes disclosure by the applicant's current and
237+16 former employers under subparagraph (A) of this
238+17 paragraph (3) of the information requested under
239+18 paragraph (4) of this subsection (c) and the release
240+19 of related records and that releases those employers
241+20 from any liability that may arise from such disclosure
242+21 or release of records pursuant to subsection (e).
243+22 (C) A written statement of whether the applicant:
244+23 (i) has been the subject of a sexual
245+24 misconduct allegation, unless a subsequent
246+25 investigation resulted in a finding that the
247+26 allegation was false, unfounded, or
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213-1 allegation was false, unfounded, or
214-2 unsubstantiated;
215-3 (ii) has ever been discharged from, been asked
216-4 to resign from, resigned from, or otherwise been
217-5 separated from any employment, has ever been
218-6 disciplined by an employer, or has ever had an
219-7 employment contract not renewed due to an
220-8 adjudication or finding of sexual misconduct or
221-9 while an allegation of sexual misconduct was
222-10 pending or under investigation, unless the
223-11 investigation resulted in a finding that the
224-12 allegation was false, unfounded, or
225-13 unsubstantiated; or
226-14 (iii) has ever had a license or certificate
227-15 suspended, surrendered, or revoked or had an
228-16 application for licensure, approval, or
229-17 endorsement denied due to an adjudication or
230-18 finding of sexual misconduct or while an
231-19 allegation of sexual misconduct was pending or
232-20 under investigation, unless the investigation
233-21 resulted in a finding that the allegation was
234-22 false, unfounded, or unsubstantiated.
235-23 (4) The school, or contractor, or regional office of
236-24 education or intermediate service center on behalf of a
237-25 school district, pursuant to paragraph (1.5) of subsection
238-26 (i), shall initiate a review of the employment history of
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258+1 unsubstantiated;
259+2 (ii) has ever been discharged from, been asked
260+3 to resign from, resigned from, or otherwise been
261+4 separated from any employment, has ever been
262+5 disciplined by an employer, or has ever had an
263+6 employment contract not renewed due to an
264+7 adjudication or finding of sexual misconduct or
265+8 while an allegation of sexual misconduct was
266+9 pending or under investigation, unless the
267+10 investigation resulted in a finding that the
268+11 allegation was false, unfounded, or
269+12 unsubstantiated; or
270+13 (iii) has ever had a license or certificate
271+14 suspended, surrendered, or revoked or had an
272+15 application for licensure, approval, or
273+16 endorsement denied due to an adjudication or
274+17 finding of sexual misconduct or while an
275+18 allegation of sexual misconduct was pending or
276+19 under investigation, unless the investigation
277+20 resulted in a finding that the allegation was
278+21 false, unfounded, or unsubstantiated.
279+22 (4) The school or contractor shall initiate a review
280+23 of the employment history of the applicant by contacting
281+24 those employers listed by the applicant under subparagraph
282+25 (A) of paragraph (3) of this subsection (c) and, using the
283+26 template developed by the State Board of Education,
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249-1 the applicant by contacting those employers listed by the
250-2 applicant under subparagraph (A) of paragraph (3) of this
251-3 subsection (c) and, using the template developed by the
252-4 State Board of Education, request all of the following
253-5 information:
254-6 (A) the dates of employment of the applicant;
255-7 (B) a statement as to whether the applicant:
256-8 (i) has been the subject of a sexual
257-9 misconduct allegation, unless a subsequent
258-10 investigation resulted in a finding that the
259-11 allegation was false, unfounded, or
260-12 unsubstantiated;
261-13 (ii) was discharged from, was asked to resign
262-14 from, resigned from, or was otherwise separated
263-15 from any employment, was disciplined by the
264-16 employer, or had an employment contract not
265-17 renewed due to an adjudication or finding of
266-18 sexual misconduct or while an allegation of sexual
267-19 misconduct was pending or under investigation,
268-20 unless the investigation resulted in a finding
269-21 that the allegation was false, unfounded, or
270-22 unsubstantiated; or
271-23 (iii) has ever had a license or certificate
272-24 suspended, surrendered, or revoked due to an
273-25 adjudication or finding of sexual misconduct or
274-26 while an allegation of sexual misconduct was
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294+1 request all of the following information:
295+2 (A) the dates of employment of the applicant;
296+3 (B) a statement as to whether the applicant:
297+4 (i) has been the subject of a sexual
298+5 misconduct allegation, unless a subsequent
299+6 investigation resulted in a finding that the
300+7 allegation was false, unfounded, or
301+8 unsubstantiated;
302+9 (ii) was discharged from, was asked to resign
303+10 from, resigned from, or was otherwise separated
304+11 from any employment, was disciplined by the
305+12 employer, or had an employment contract not
306+13 renewed due to an adjudication or finding of
307+14 sexual misconduct or while an allegation of sexual
308+15 misconduct was pending or under investigation,
309+16 unless the investigation resulted in a finding
310+17 that the allegation was false, unfounded, or
311+18 unsubstantiated; or
312+19 (iii) has ever had a license or certificate
313+20 suspended, surrendered, or revoked due to an
314+21 adjudication or finding of sexual misconduct or
315+22 while an allegation of sexual misconduct was
316+23 pending or under investigation, unless the
317+24 investigation resulted in a finding that the
318+25 allegation was false, unfounded, or
319+26 unsubstantiated.
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285-1 pending or under investigation, unless the
286-2 investigation resulted in a finding that the
287-3 allegation was false, unfounded, or
288-4 unsubstantiated.
289-5 (C) The template shall include the following
290-6 option: if the employer does not have records or
291-7 evidence regarding the questions in items (i) through
292-8 (iii) of subparagraph (B) of paragraph (4) of
293-9 subsection (c), the employer may state that there is
294-10 no knowledge of information pertaining to the
295-11 applicant that would disqualify the applicant from
296-12 employment.
297-13 (5) For applicants licensed by the State Board of
298-14 Education, the school district, charter school, or
299-15 nonpublic school shall verify the applicant's reported
300-16 previous employers with previous employers in the State
301-17 Board of Education's educator licensure database to ensure
302-18 accuracy.
303-19 (d) An applicant who provides false information or
304-20 willfully fails to disclose information required in subsection
305-21 (c) shall be subject to discipline, up to and including
306-22 termination or denial of employment.
307-23 (e) No later than 20 days after receiving a request for
308-24 information required under paragraph (4) of subsection (c), an
309-25 employer who has or had an employment relationship with the
310-26 applicant shall disclose the information requested. If the
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330+1 (C) The template shall include the following
331+2 option: if the employer does not have records or
332+3 evidence regarding the questions in items (i) through
333+4 (iii) of subparagraph (B) of paragraph (4) of
334+5 subsection (c), the employer may state that there is
335+6 no knowledge of information pertaining to the
336+7 applicant that would disqualify the applicant from
337+8 employment.
338+9 (5) For applicants licensed by the State Board of
339+10 Education, the school district, charter school, or
340+11 nonpublic school shall verify the applicant's reported
341+12 previous employers with previous employers in the State
342+13 Board of Education's educator licensure database to ensure
343+14 accuracy.
344+15 (d) An applicant who provides false information or
345+16 willfully fails to disclose information required in subsection
346+17 (c) shall be subject to discipline, up to and including
347+18 termination or denial of employment.
348+19 (e) No later than 20 days after receiving a request for
349+20 information required under paragraph (4) of subsection (c), an
350+21 employer who has or had an employment relationship with the
351+22 applicant shall disclose the information requested. If the
352+23 employer has an office of human resources or a central office,
353+24 information shall be provided by that office. The employer who
354+25 has or had an employment relationship with the applicant shall
355+26 disclose the information on the template developed by the
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321-1 employer has an office of human resources or a central office,
322-2 information shall be provided by that office. The employer who
323-3 has or had an employment relationship with the applicant shall
324-4 disclose the information on the template developed by the
325-5 State Board of Education. For any affirmative response to
326-6 items (i) through (iii) of subparagraph (B) of paragraph (4)
327-7 or subsection (c), the employer who has or had an employment
328-8 relationship with the applicant shall provide additional
329-9 information about the matters disclosed and all related
330-10 records.
331-11 A school shall complete the template at time of separation
332-12 from employment, or at the request of the employee, and
333-13 maintain it as part of the employee's personnel file. If the
334-14 school completes an investigation after an employee's
335-15 separation from employment, the school shall update the
336-16 information accordingly.
337-17 Information received under this Section shall not be
338-18 deemed a public record.
339-19 A school or contractor who receives information under this
340-20 subsection (e) may use the information for the purpose of
341-21 evaluating an applicant's fitness to be hired or for continued
342-22 employment and may report the information, as appropriate, to
343-23 the State Board of Education, a State licensing agency, a law
344-24 enforcement agency, a child protective services agency,
345-25 another school or contractor, or a prospective employer.
346-26 An employer, school, school administrator, regional office
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365+ HB4896 - 10 - LRB103 37153 RJT 67272 b
366+1 State Board of Education. For any affirmative response to
367+2 items (i) through (iii) of subparagraph (B) of paragraph (4)
368+3 or subsection (c), the employer who has or had an employment
369+4 relationship with the applicant shall provide additional
370+5 information about the matters disclosed and all related
371+6 records.
372+7 A school shall complete the template at time of separation
373+8 from employment, or at the request of the employee, and
374+9 maintain it as part of the employee's personnel file. If the
375+10 school completes an investigation after an employee's
376+11 separation from employment, the school shall update the
377+12 information accordingly.
378+13 Information received under this Section shall not be
379+14 deemed a public record.
380+15 A school or contractor who receives information under this
381+16 subsection (e) may use the information for the purpose of
382+17 evaluating an applicant's fitness to be hired or for continued
383+18 employment and may report the information, as appropriate, to
384+19 the State Board of Education, a State licensing agency, a law
385+20 enforcement agency, a child protective services agency,
386+21 another school or contractor, or a prospective employer.
387+22 An employer, school, school administrator, regional office
388+23 of education or intermediate service center, or contractor who
389+24 provides information or records about a current or former
390+25 employee or applicant under this Section is immune from
391+26 criminal and civil liability for the disclosure of the
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357-1 of education or intermediate service center, or contractor who
358-2 provides information or records about a current or former
359-3 employee or applicant under this Section is immune from
360-4 criminal and civil liability for the disclosure of the
361-5 information or records, unless the information or records
362-6 provided were knowingly false. This immunity shall be in
363-7 addition to and not a limitation on any other immunity
364-8 provided by law or any absolute or conditional privileges
365-9 applicable to the disclosure by virtue of the circumstances or
366-10 the applicant's consent to the disclosure and shall extent to
367-11 any circumstances when the employer, school, school
368-12 administrator, or contractor in good faith shares findings of
369-13 sexual misconduct with another employer.
370-14 Unless the laws of another state prevent the release of
371-15 the information or records requested or disclosure is
372-16 restricted by the terms of a contract entered into prior to the
373-17 effective date of this amendatory Act of the 102nd General
374-18 Assembly, and notwithstanding any other provisions of law to
375-19 the contrary, an employer, school, school administrator,
376-20 contractor, or applicant shall report and disclose, in
377-21 accordance with this Section, all relevant information,
378-22 records, and documentation that may otherwise be confidential.
379-23 (f) A school or contractor may not hire an applicant who
380-24 does not provide the information required under subsection (c)
381-25 for a position involving direct contact with children or
382-26 students.
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402+1 information or records, unless the information or records
403+2 provided were knowingly false. This immunity shall be in
404+3 addition to and not a limitation on any other immunity
405+4 provided by law or any absolute or conditional privileges
406+5 applicable to the disclosure by virtue of the circumstances or
407+6 the applicant's consent to the disclosure and shall extent to
408+7 any circumstances when the employer, school, school
409+8 administrator, or contractor in good faith shares findings of
410+9 sexual misconduct with another employer.
411+10 Unless the laws of another state prevent the release of
412+11 the information or records requested or disclosure is
413+12 restricted by the terms of a contract entered into prior to the
414+13 effective date of this amendatory Act of the 102nd General
415+14 Assembly, and notwithstanding any other provisions of law to
416+15 the contrary, an employer, school, school administrator,
417+16 contractor, or applicant shall report and disclose, in
418+17 accordance with this Section, all relevant information,
419+18 records, and documentation that may otherwise be confidential.
420+19 (f) A school or contractor may not hire an applicant who
421+20 does not provide the information required under subsection (c)
422+21 for a position involving direct contact with children or
423+22 students.
424+23 (g) Beginning on the effective date of this amendatory Act
425+24 of the 102nd General Assembly, a school or contractor may not
426+25 enter into a collective bargaining agreement, an employment
427+26 contract, an agreement for resignation or termination, a
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393-1 (g) Beginning on the effective date of this amendatory Act
394-2 of the 102nd General Assembly, a school or contractor may not
395-3 enter into a collective bargaining agreement, an employment
396-4 contract, an agreement for resignation or termination, a
397-5 severance agreement, or any other contract or agreement or
398-6 take any action that:
399-7 (1) has the effect of suppressing information
400-8 concerning a pending investigation or a completed
401-9 investigation in which an allegation was substantiated
402-10 related to a report of suspected sexual misconduct by a
403-11 current or former employee;
404-12 (2) affects the ability of the school or contractor to
405-13 report suspected sexual misconduct to the appropriate
406-14 authorities; or
407-15 (3) requires the school or contractor to expunge
408-16 information about allegations or findings of suspected
409-17 sexual misconduct from any documents maintained by the
410-18 school or contractor, unless, after an investigation, an
411-19 allegation is found to be false, unfounded, or
412-20 unsubstantiated.
413-21 (h) Any provision of an employment contract or agreement
414-22 for resignation or termination or a severance agreement that
415-23 is executed, amended, or entered into on or after the
416-24 effective date of this amendatory Act of the 102nd General
417-25 Assembly and that is contrary to this Section is void and
418-26 unenforceable.
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438+1 severance agreement, or any other contract or agreement or
439+2 take any action that:
440+3 (1) has the effect of suppressing information
441+4 concerning a pending investigation or a completed
442+5 investigation in which an allegation was substantiated
443+6 related to a report of suspected sexual misconduct by a
444+7 current or former employee;
445+8 (2) affects the ability of the school or contractor to
446+9 report suspected sexual misconduct to the appropriate
447+10 authorities; or
448+11 (3) requires the school or contractor to expunge
449+12 information about allegations or findings of suspected
450+13 sexual misconduct from any documents maintained by the
451+14 school or contractor, unless, after an investigation, an
452+15 allegation is found to be false, unfounded, or
453+16 unsubstantiated.
454+17 (h) Any provision of an employment contract or agreement
455+18 for resignation or termination or a severance agreement that
456+19 is executed, amended, or entered into on or after the
457+20 effective date of this amendatory Act of the 102nd General
458+21 Assembly and that is contrary to this Section is void and
459+22 unenforceable.
460+23 (i) For substitute employees, all of the following apply:
461+24 (1) Except as otherwise provided in paragraph (1.5) of
462+25 this subsection (i), the The employment history review
463+26 required by this Section is required only prior to the
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429-1 (i) For substitute employees, all of the following apply:
430-2 (1) Except as otherwise provided in paragraph (1.5) of
431-3 this subsection (i), the The employment history review
432-4 required by this Section is required only prior to the
433-5 initial hiring of a substitute employee or placement on a
434-6 school's approved substitute list and shall remain valid
435-7 as long as the substitute employee continues to be
436-8 employed by the same school or remains on the school's
437-9 approved substitute list.
438-10 (1.5) For a substitute teacher licensed under Section
439-11 21B-20 and seeking employment in more than one school
440-12 district, a school district's regional office of education
441-13 or intermediate service center may collect and share the
442-14 information and records under paragraphs (2), (3), and (4)
443-15 of subsection (c). A regional office of education's or
444-16 intermediate service center's participation in the
445-17 employment history review shall be limited to collecting
446-18 such information and records and sharing the information
447-19 and records with the school district or school districts.
448-20 A regional office of education or intermediate service
449-21 center may not use the information and records collected
450-22 for the purpose of evaluating a substitute teacher
451-23 applicant's fitness to be hired, and the school district
452-24 shall complete all aspects of the employment history
453-25 review process, unless otherwise agreed to with the
454-26 regional office of education or intermediate service
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474+1 initial hiring of a substitute employee or placement on a
475+2 school's approved substitute list and shall remain valid
476+3 as long as the substitute employee continues to be
477+4 employed by the same school or remains on the school's
478+5 approved substitute list.
479+6 (1.5) For a substitute employee licensed by the State
480+7 Board of Education under Section 21B-20 and seeking
481+8 employment in more than one school district, the
482+9 employment history review required by this Section shall
483+10 be conducted by the regional office of education or
484+11 intermediate service center in which the school districts
485+12 are located. An employment history review under this
486+13 paragraph (1.5) is required only prior to the initial
487+14 hiring of a substitute employee by one of the school
488+15 districts served by the regional office of education or
489+16 intermediate service center or the initial placement of
490+17 the substitute employee on the regional office of
491+18 education's or intermediate service center's approved
492+19 substitute list and shall remain valid as long as the
493+20 substitute employee continues to be employed by a school
494+21 district served by the regional office of education or
495+22 intermediate service center or remains on the regional
496+23 office of education's or intermediate service center's
497+24 approved substitute list.
498+25 (2) Except as otherwise provided in paragraph (1.5) of
499+26 this subsection (i), a A substitute employee seeking to be
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465-1 center. The regional office of education or intermediate
466-2 service center is not responsible for the content or
467-3 completeness of the information or records shared by any
468-4 former employer or with the school district. A regional
469-5 office of education's or intermediate service center's
470-6 participation in the employment history review process
471-7 shall occur only prior to the initial hiring of a
472-8 substitute teacher by one of its member school districts
473-9 or prior to the initial placement of a substitute teacher
474-10 on the regional office of education's or intermediate
475-11 service center's approved substitute list. The employment
476-12 history review shall remain valid as long as the
477-13 substitute teacher continues to be employed by a school
478-14 district within the regional office of education's or
479-15 intermediate service center's jurisdiction or remains on
480-16 the regional office of education's or intermediate service
481-17 center's approved substitute list. A regional office of
482-18 education or intermediate service center participating in
483-19 the employment history review process shall promptly
484-20 provide the school district in which the substitute
485-21 teacher is seeking employment with the collected
486-22 information and records. If the regional office of
487-23 education or intermediate service center receives updated
488-24 employment history review information or records, the
489-25 information or records shall be shared with the applicable
490-26 school districts by the regional office of education or
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509+ HB4896 - 14 - LRB103 37153 RJT 67272 b
510+1 added to another school's substitute list shall undergo an
511+2 additional employment history review under this Section.
512+3 Except as otherwise provided in paragraph (1.5) or
513+4 paragraph (3) of this subsection (i) or in subsection (k),
514+5 the appearance of a substitute employee on one school's
515+6 substitute list does not relieve another school from
516+7 compliance with this Section.
517+8 (3) An employment history review conducted upon
518+9 initial hiring of a substitute employee by a contractor or
519+10 any other entity that furnishes substitute staffing
520+11 services to schools shall satisfy the requirements of this
521+12 Section for all schools using the services of that
522+13 contractor or other entity.
523+14 (4) A contractor or any other entity furnishing
524+15 substitute staffing services to schools shall comply with
525+16 paragraphs (3) and (4) of subsection (j).
526+17 (j) For employees of contractors, all of the following
527+18 apply:
528+19 (1) The employment history review required by this
529+20 Section shall be performed, either at the time of the
530+21 initial hiring of an employee or prior to the assignment
531+22 of an existing employee to perform work for a school in a
532+23 position involving direct contact with children or
533+24 students. The review shall remain valid as long as the
534+25 employee remains employed by the same contractor, even if
535+26 assigned to perform work for other schools.
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501-1 intermediate service center as provided in this Section.
502-2 If, at any time, a school district has information or
503-3 records that the school district would have immunity from
504-4 liability to share as part of an employment history
505-5 review, then the school district and its employees are
506-6 immune from liability on the same terms as provided in
507-7 subsection (e) if sharing such information or records with
508-8 the regional office of education or intermediate service
509-9 center that maintains the applicable approved substitute
510-10 list.
511-11 (2) Except as otherwise provided in paragraph (1.5) of
512-12 this subsection (i), a A substitute employee seeking to be
513-13 added to another school's substitute list shall undergo an
514-14 additional employment history review under this Section.
515-15 Except as otherwise provided in paragraph (1.5) or
516-16 paragraph (3) of this subsection (i) or in subsection (k),
517-17 the appearance of a substitute employee on one school's
518-18 substitute list does not relieve another school from
519-19 compliance with this Section.
520-20 (3) An employment history review conducted upon
521-21 initial hiring of a substitute employee by a contractor or
522-22 any other entity that furnishes substitute staffing
523-23 services to schools shall satisfy the requirements of this
524-24 Section for all schools using the services of that
525-25 contractor or other entity.
526-26 (4) A contractor or any other entity furnishing
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545+ HB4896 - 15 - LRB103 37153 RJT 67272 b
546+1 (2) A contractor shall maintain records documenting
547+2 employment history reviews for all employees as required
548+3 by this Section and, upon request, shall provide a school
549+4 for whom an employee is assigned to perform work access to
550+5 the records pertaining to that employee.
551+6 (3) Prior to assigning an employee to perform work for
552+7 a school in a position involving direct contact with
553+8 children or students, the contractor shall inform the
554+9 school of any instance known to the contractor in which
555+10 the employee:
556+11 (A) has been the subject of a sexual misconduct
557+12 allegation unless a subsequent investigation resulted
558+13 in a finding that the allegation was false, unfounded,
559+14 or unsubstantiated;
560+15 (B) has ever been discharged, been asked to resign
561+16 from, resigned from, or otherwise been separated from
562+17 any employment, been removed from a substitute list,
563+18 been disciplined by an employer, or had an employment
564+19 contract not renewed due to an adjudication or finding
565+20 of sexual misconduct or while an allegation of sexual
566+21 misconduct was pending or under investigation, unless
567+22 the investigation resulted in a finding that the
568+23 allegation was false, unfounded, or unsubstantiated;
569+24 or
570+25 (C) has ever had a license or certificate
571+26 suspended, surrendered, or revoked due to an
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537-1 substitute staffing services to schools shall comply with
538-2 paragraphs (3) and (4) of subsection (j).
539-3 (j) For employees of contractors, all of the following
540-4 apply:
541-5 (1) The employment history review required by this
542-6 Section shall be performed, either at the time of the
543-7 initial hiring of an employee or prior to the assignment
544-8 of an existing employee to perform work for a school in a
545-9 position involving direct contact with children or
546-10 students. The review shall remain valid as long as the
547-11 employee remains employed by the same contractor, even if
548-12 assigned to perform work for other schools.
549-13 (2) A contractor shall maintain records documenting
550-14 employment history reviews for all employees as required
551-15 by this Section and, upon request, shall provide a school
552-16 for whom an employee is assigned to perform work access to
553-17 the records pertaining to that employee.
554-18 (3) Prior to assigning an employee to perform work for
555-19 a school in a position involving direct contact with
556-20 children or students, the contractor shall inform the
557-21 school of any instance known to the contractor in which
558-22 the employee:
559-23 (A) has been the subject of a sexual misconduct
560-24 allegation unless a subsequent investigation resulted
561-25 in a finding that the allegation was false, unfounded,
562-26 or unsubstantiated;
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582+1 adjudication or finding of sexual misconduct or while
583+2 an allegation of sexual misconduct was pending or
584+3 under investigation, unless the investigation resulted
585+4 in a finding that the allegation was false, unfounded,
586+5 or unsubstantiated.
587+6 (4) The contractor may not assign an employee to
588+7 perform work for a school in a position involving direct
589+8 contact with children or students if the school objects to
590+9 the assignment after being informed of an instance listed
591+10 in paragraph (3).
592+11 (k) An applicant who has undergone an employment history
593+12 review under this Section and seeks to transfer to or provide
594+13 services to another school in the same school district,
595+14 diocese, or religious jurisdiction, or to another school
596+15 established and supervised by the same organization is not
597+16 required to obtain additional reports under this Section
598+17 before transferring.
599+18 (l) Nothing in this Section shall be construed:
600+19 (1) to prevent a prospective employer from conducting
601+20 further investigations of prospective employees or from
602+21 requiring applicants to provide additional background
603+22 information or authorizations beyond what is required
604+23 under this Section, nor to prevent a current or former
605+24 employer from disclosing more information than what is
606+25 required under this Section;
607+26 (2) to relieve a school, school employee, contractor
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573-1 (B) has ever been discharged, been asked to resign
574-2 from, resigned from, or otherwise been separated from
575-3 any employment, been removed from a substitute list,
576-4 been disciplined by an employer, or had an employment
577-5 contract not renewed due to an adjudication or finding
578-6 of sexual misconduct or while an allegation of sexual
579-7 misconduct was pending or under investigation, unless
580-8 the investigation resulted in a finding that the
581-9 allegation was false, unfounded, or unsubstantiated;
582-10 or
583-11 (C) has ever had a license or certificate
584-12 suspended, surrendered, or revoked due to an
585-13 adjudication or finding of sexual misconduct or while
586-14 an allegation of sexual misconduct was pending or
587-15 under investigation, unless the investigation resulted
588-16 in a finding that the allegation was false, unfounded,
589-17 or unsubstantiated.
590-18 (4) The contractor may not assign an employee to
591-19 perform work for a school in a position involving direct
592-20 contact with children or students if the school objects to
593-21 the assignment after being informed of an instance listed
594-22 in paragraph (3).
595-23 (k) An applicant who has undergone an employment history
596-24 review under this Section and seeks to transfer to or provide
597-25 services to another school in the same school district,
598-26 diocese, or religious jurisdiction, or to another school
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609-1 established and supervised by the same organization is not
610-2 required to obtain additional reports under this Section
611-3 before transferring.
612-4 (l) Nothing in this Section shall be construed:
613-5 (1) to prevent a prospective employer from conducting
614-6 further investigations of prospective employees or from
615-7 requiring applicants to provide additional background
616-8 information or authorizations beyond what is required
617-9 under this Section, nor to prevent a current or former
618-10 employer from disclosing more information than what is
619-11 required under this Section;
620-12 (2) to relieve a school, school employee, contractor
621-13 of the school, or agent of the school from any legal
622-14 responsibility to report sexual misconduct in accordance
623-15 with State and federal reporting requirements;
624-16 (3) to relieve a school, school employee, contractor
625-17 of the school, or agent of the school from any legal
626-18 responsibility to implement the provisions of Section 7926
627-19 of Chapter 20 of the United States Code; or
628-20 (4) to prohibit the right of the exclusive bargaining
629-21 representative under a collective bargaining agreement to
630-22 grieve and arbitrate the validity of an employee's
631-23 termination or discipline for just cause.
632-24 (m) The State Board of Education shall develop the
633-25 templates required under paragraphs (3) and (4) of subsection
634-26 (c).
635-
636-
637-
638-
639-
640- HB4896 Engrossed - 18 - LRB103 37153 RJT 67272 b
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643-HB4896 Engrossed- 19 -LRB103 37153 RJT 67272 b HB4896 Engrossed - 19 - LRB103 37153 RJT 67272 b
644- HB4896 Engrossed - 19 - LRB103 37153 RJT 67272 b
645-
646-
647-
648-
649-
650- HB4896 Engrossed - 19 - LRB103 37153 RJT 67272 b
623+ HB4896 - 17 - LRB103 37153 RJT 67272 b