104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2521 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 Amends the School Code. Includes game officials in provisions requiring applicants for employment with a school district to undergo a fingerprint-based criminal history records check and check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. LRB104 09890 LNS 19960 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2521 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED: 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 Amends the School Code. Includes game officials in provisions requiring applicants for employment with a school district to undergo a fingerprint-based criminal history records check and check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database. LRB104 09890 LNS 19960 b LRB104 09890 LNS 19960 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2521 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
Amends the School Code. Includes game officials in provisions requiring applicants for employment with a school district to undergo a fingerprint-based criminal history records check and check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.
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A BILL FOR
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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
5 10-21.9 and 34-18.5 as follows:
6 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
7 Sec. 10-21.9. Criminal history records checks and checks
8 of the Statewide Sex Offender Database and Statewide Murderer
9 and Violent Offender Against Youth Database.
10 (a) Licensed and nonlicensed applicants for employment
11 with a school district, including game officials but excluding
12 except school bus driver applicants, are required as a
13 condition of employment to authorize a fingerprint-based
14 criminal history records check to determine if such applicants
15 have been convicted of any disqualifying, enumerated criminal
16 or drug offenses in subsection (c) of this Section or have been
17 convicted, within 7 years of the application for employment
18 with the school district, of any other felony under the laws of
19 this State or of any offense committed or attempted in any
20 other state or against the laws of the United States that, if
21 committed or attempted in this State, would have been
22 punishable as a felony under the laws of this State.
23 Authorization for the check shall be furnished by the
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB2521 Introduced , by Rep. Laura Faver Dias SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5 105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9 105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
Amends the School Code. Includes game officials in provisions requiring applicants for employment with a school district to undergo a fingerprint-based criminal history records check and check of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database.
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A BILL FOR
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
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1 applicant to the school district, except that if the applicant
2 is a substitute teacher seeking employment in more than one
3 school district, a teacher seeking concurrent part-time
4 employment positions with more than one school district (as a
5 reading specialist, special education teacher or otherwise),
6 or an educational support personnel employee seeking
7 employment positions with more than one district, any such
8 district may require the applicant to furnish authorization
9 for the check to the regional superintendent of the
10 educational service region in which are located the school
11 districts in which the applicant is seeking employment as a
12 substitute or concurrent part-time teacher or concurrent
13 educational support personnel employee. Upon receipt of this
14 authorization, the school district or the appropriate regional
15 superintendent, as the case may be, shall submit the
16 applicant's name, sex, race, date of birth, social security
17 number, fingerprint images, and other identifiers, as
18 prescribed by the Illinois State Police, to the Illinois State
19 Police. The regional superintendent submitting the requisite
20 information to the Illinois State Police shall promptly notify
21 the school districts in which the applicant is seeking
22 employment as a substitute or concurrent part-time teacher or
23 concurrent educational support personnel employee that the
24 check of the applicant has been requested. The Illinois State
25 Police and the Federal Bureau of Investigation shall furnish,
26 pursuant to a fingerprint-based criminal history records
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1 check, records of convictions, forever and hereinafter, until
2 expunged, to the president of the school board for the school
3 district that requested the check, or to the regional
4 superintendent who requested the check. The Illinois State
5 Police shall charge the school district or the appropriate
6 regional superintendent a fee for conducting such check, which
7 fee shall be deposited in the State Police Services Fund and
8 shall not exceed the cost of the inquiry; and the applicant
9 shall not be charged a fee for such check by the school
10 district or by the regional superintendent, except that those
11 applicants seeking employment as a substitute teacher with a
12 school district may be charged a fee not to exceed the cost of
13 the inquiry. Subject to appropriations for these purposes, the
14 State Superintendent of Education shall reimburse school
15 districts and regional superintendents for fees paid to obtain
16 criminal history records checks under this Section.
17 (a-5) The school district or regional superintendent shall
18 further perform a check of the Statewide Sex Offender
19 Database, as authorized by the Sex Offender Community
20 Notification Law, for each applicant. The check of the
21 Statewide Sex Offender Database must be conducted by the
22 school district or regional superintendent once for every 5
23 years that an applicant remains employed by the school
24 district.
25 (a-6) The school district or regional superintendent shall
26 further perform a check of the Statewide Murderer and Violent
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1 Offender Against Youth Database, as authorized by the Murderer
2 and Violent Offender Against Youth Community Notification Law,
3 for each applicant. The check of the Murderer and Violent
4 Offender Against Youth Database must be conducted by the
5 school district or regional superintendent once for every 5
6 years that an applicant remains employed by the school
7 district.
8 (b) Any information concerning the record of convictions
9 obtained by the president of the school board or the regional
10 superintendent shall be confidential and may only be
11 transmitted to the superintendent of the school district or
12 his designee, the appropriate regional superintendent if the
13 check was requested by the school district, the presidents of
14 the appropriate school boards if the check was requested from
15 the Illinois State Police by the regional superintendent, the
16 State Board of Education and a school district as authorized
17 under subsection (b-5), the State Superintendent of Education,
18 the State Educator Preparation and Licensure Board, any other
19 person necessary to the decision of hiring the applicant for
20 employment, or for clarification purposes the Illinois State
21 Police or Statewide Sex Offender Database, or both. A copy of
22 the record of convictions obtained from the Illinois State
23 Police shall be provided to the applicant for employment. Upon
24 the check of the Statewide Sex Offender Database or Statewide
25 Murderer and Violent Offender Against Youth Database, the
26 school district or regional superintendent shall notify an
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1 applicant as to whether or not the applicant has been
2 identified in the Database. If a check of an applicant for
3 employment as a substitute or concurrent part-time teacher or
4 concurrent educational support personnel employee in more than
5 one school district was requested by the regional
6 superintendent, and the Illinois State Police upon a check
7 ascertains that the applicant has not been convicted of any of
8 the enumerated criminal or drug offenses in subsection (c) of
9 this Section or has not been convicted, within 7 years of the
10 application for employment with the school district, of any
11 other felony under the laws of this State or of any offense
12 committed or attempted in any other state or against the laws
13 of the United States that, if committed or attempted in this
14 State, would have been punishable as a felony under the laws of
15 this State and so notifies the regional superintendent and if
16 the regional superintendent upon a check ascertains that the
17 applicant has not been identified in the Sex Offender Database
18 or Statewide Murderer and Violent Offender Against Youth
19 Database, then the regional superintendent shall issue to the
20 applicant a certificate evidencing that as of the date
21 specified by the Illinois State Police the applicant has not
22 been convicted of any of the enumerated criminal or drug
23 offenses in subsection (c) of this Section or has not been
24 convicted, within 7 years of the application for employment
25 with the school district, of any other felony under the laws of
26 this State or of any offense committed or attempted in any
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1 other state or against the laws of the United States that, if
2 committed or attempted in this State, would have been
3 punishable as a felony under the laws of this State and
4 evidencing that as of the date that the regional
5 superintendent conducted a check of the Statewide Sex Offender
6 Database or Statewide Murderer and Violent Offender Against
7 Youth Database, the applicant has not been identified in the
8 Database. The school board of any school district may rely on
9 the certificate issued by any regional superintendent to that
10 substitute teacher, concurrent part-time teacher, or
11 concurrent educational support personnel employee or may
12 initiate its own criminal history records check of the
13 applicant through the Illinois State Police and its own check
14 of the Statewide Sex Offender Database or Statewide Murderer
15 and Violent Offender Against Youth Database as provided in
16 this Section. Any unauthorized release of confidential
17 information may be a violation of Section 7 of the Criminal
18 Identification Act.
19 (b-5) If a criminal history records check or check of the
20 Statewide Sex Offender Database or Statewide Murderer and
21 Violent Offender Against Youth Database is performed by a
22 regional superintendent for an applicant seeking employment as
23 a substitute teacher with a school district, the regional
24 superintendent may disclose to the State Board of Education
25 whether the applicant has been issued a certificate under
26 subsection (b) based on those checks. If the State Board
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1 receives information on an applicant under this subsection,
2 then it must indicate in the Educator Licensure Information
3 System for a 90-day period that the applicant has been issued
4 or has not been issued a certificate.
5 (c) No school board shall knowingly employ a person who
6 has been convicted of any offense that would subject him or her
7 to license suspension or revocation pursuant to Section 21B-80
8 of this Code, except as provided under subsection (b) of
9 Section 21B-80. Further, no school board shall knowingly
10 employ a person who has been found to be the perpetrator of
11 sexual or physical abuse of any minor under 18 years of age
12 pursuant to proceedings under Article II of the Juvenile Court
13 Act of 1987. As a condition of employment, each school board
14 must consider the status of a person who has been issued an
15 indicated finding of abuse or neglect of a child by the
16 Department of Children and Family Services under the Abused
17 and Neglected Child Reporting Act or by a child welfare agency
18 of another jurisdiction.
19 (d) No school board shall knowingly employ a person for
20 whom a criminal history records check and a Statewide Sex
21 Offender Database check have not been initiated.
22 (e) Within 10 days after a superintendent, regional office
23 of education, or entity that provides background checks of
24 license holders to public schools receives information of a
25 pending criminal charge against a license holder for an
26 offense set forth in Section 21B-80 of this Code, the
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1 superintendent, regional office of education, or entity must
2 notify the State Superintendent of Education of the pending
3 criminal charge.
4 If permissible by federal or State law, no later than 15
5 business days after receipt of a record of conviction or of
6 checking the Statewide Murderer and Violent Offender Against
7 Youth Database or the Statewide Sex Offender Database and
8 finding a registration, the superintendent of the employing
9 school board or the applicable regional superintendent shall,
10 in writing, notify the State Superintendent of Education of
11 any license holder who has been convicted of a crime set forth
12 in Section 21B-80 of this Code. Upon receipt of the record of a
13 conviction of or a finding of child abuse by a holder of any
14 license issued pursuant to Article 21B or Section 34-8.1 of
15 this Code, the State Superintendent of Education may initiate
16 licensure suspension and revocation proceedings as authorized
17 by law. If the receipt of the record of conviction or finding
18 of child abuse is received within 6 months after the initial
19 grant of or renewal of a license, the State Superintendent of
20 Education may rescind the license holder's license.
21 (e-5) The superintendent of the employing school board
22 shall, in writing, notify the State Superintendent of
23 Education and the applicable regional superintendent of
24 schools of any license holder whom he or she has reasonable
25 cause to believe has committed (i) an intentional act of abuse
26 or neglect with the result of making a child an abused child or
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1 a neglected child, as defined in Section 3 of the Abused and
2 Neglected Child Reporting Act, or (ii) an act of sexual
3 misconduct, as defined in Section 22-85.5 of this Code, and
4 that act resulted in the license holder's dismissal or
5 resignation from the school district. This notification must
6 be submitted within 30 days after the dismissal or resignation
7 and must include the Illinois Educator Identification Number
8 (IEIN) of the license holder and a brief description of the
9 misconduct alleged. The license holder must also be
10 contemporaneously sent a copy of the notice by the
11 superintendent. All correspondence, documentation, and other
12 information so received by the regional superintendent of
13 schools, the State Superintendent of Education, the State
14 Board of Education, or the State Educator Preparation and
15 Licensure Board under this subsection (e-5) is confidential
16 and must not be disclosed to third parties, except (i) as
17 necessary for the State Superintendent of Education or his or
18 her designee to investigate and prosecute pursuant to Article
19 21B of this Code, (ii) pursuant to a court order, (iii) for
20 disclosure to the license holder or his or her representative,
21 or (iv) as otherwise provided in this Article and provided
22 that any such information admitted into evidence in a hearing
23 is exempt from this confidentiality and non-disclosure
24 requirement. Except for an act of willful or wanton
25 misconduct, any superintendent who provides notification as
26 required in this subsection (e-5) shall have immunity from any
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1 liability, whether civil or criminal or that otherwise might
2 result by reason of such action.
3 (f) After January 1, 1990 the provisions of this Section
4 shall apply to all employees of persons or firms holding
5 contracts with any school district including, but not limited
6 to, food service workers, school bus drivers and other
7 transportation employees, who have direct, daily contact with
8 the pupils of any school in such district. For purposes of
9 criminal history records checks and checks of the Statewide
10 Sex Offender Database on employees of persons or firms holding
11 contracts with more than one school district and assigned to
12 more than one school district, the regional superintendent of
13 the educational service region in which the contracting school
14 districts are located may, at the request of any such school
15 district, be responsible for receiving the authorization for a
16 criminal history records check prepared by each such employee
17 and submitting the same to the Illinois State Police and for
18 conducting a check of the Statewide Sex Offender Database for
19 each employee. Any information concerning the record of
20 conviction and identification as a sex offender of any such
21 employee obtained by the regional superintendent shall be
22 promptly reported to the president of the appropriate school
23 board or school boards.
24 (f-5) Upon request of a school or school district, any
25 information obtained by a school district pursuant to
26 subsection (f) of this Section within the last year must be
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1 made available to the requesting school or school district.
2 (g) Prior to the commencement of any student teaching
3 experience or required internship (which is referred to as
4 student teaching in this Section) in the public schools, a
5 student teacher is required to authorize a fingerprint-based
6 criminal history records check. Authorization for and payment
7 of the costs of the check must be furnished by the student
8 teacher to the school district where the student teaching is
9 to be completed. Upon receipt of this authorization and
10 payment, the school district shall submit the student
11 teacher's name, sex, race, date of birth, social security
12 number, fingerprint images, and other identifiers, as
13 prescribed by the Illinois State Police, to the Illinois State
14 Police. The Illinois State Police and the Federal Bureau of
15 Investigation shall furnish, pursuant to a fingerprint-based
16 criminal history records check, records of convictions,
17 forever and hereinafter, until expunged, to the president of
18 the school board for the school district that requested the
19 check. The Illinois State Police shall charge the school
20 district a fee for conducting the check, which fee must not
21 exceed the cost of the inquiry and must be deposited into the
22 State Police Services Fund. The school district shall further
23 perform a check of the Statewide Sex Offender Database, as
24 authorized by the Sex Offender Community Notification Law, and
25 of the Statewide Murderer and Violent Offender Against Youth
26 Database, as authorized by the Murderer and Violent Offender
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1 Against Youth Registration Act, for each student teacher. No
2 school board may knowingly allow a person to student teach for
3 whom a criminal history records check, a Statewide Sex
4 Offender Database check, and a Statewide Murderer and Violent
5 Offender Against Youth Database check have not been completed
6 and reviewed by the district.
7 A copy of the record of convictions obtained from the
8 Illinois State Police must be provided to the student teacher.
9 Any information concerning the record of convictions obtained
10 by the president of the school board is confidential and may
11 only be transmitted to the superintendent of the school
12 district or his or her designee, the State Superintendent of
13 Education, the State Educator Preparation and Licensure Board,
14 or, for clarification purposes, the Illinois State Police or
15 the Statewide Sex Offender Database or Statewide Murderer and
16 Violent Offender Against Youth Database. Any unauthorized
17 release of confidential information may be a violation of
18 Section 7 of the Criminal Identification Act.
19 No school board shall knowingly allow a person to student
20 teach who has been convicted of any offense that would subject
21 him or her to license suspension or revocation pursuant to
22 subsection (c) of Section 21B-80 of this Code, except as
23 provided under subsection (b) of Section 21B-80. Further, no
24 school board shall allow a person to student teach if he or she
25 has been found to be the perpetrator of sexual or physical
26 abuse of a minor under 18 years of age pursuant to proceedings
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1 under Article II of the Juvenile Court Act of 1987. Each school
2 board must consider the status of a person to student teach who
3 has been issued an indicated finding of abuse or neglect of a
4 child by the Department of Children and Family Services under
5 the Abused and Neglected Child Reporting Act or by a child
6 welfare agency of another jurisdiction.
7 (h) (Blank).
8 (Source: P.A. 102-538, eff. 8-20-21; 102-552, eff. 1-1-22;
9 102-702, eff. 7-1-23; 102-813, eff. 5-13-22; 102-894, eff.
10 5-20-22; 102-1071, eff. 6-10-22; 103-154, eff. 6-30-23.)
11 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
12 Sec. 34-18.5. Criminal history records checks and checks
13 of the Statewide Sex Offender Database and Statewide Murderer
14 and Violent Offender Against Youth Database.
15 (a) Licensed and nonlicensed applicants for employment
16 with the school district, including game officials, are
17 required as a condition of employment to authorize a
18 fingerprint-based criminal history records check to determine
19 if such applicants have been convicted of any disqualifying,
20 enumerated criminal or drug offense in subsection (c) of this
21 Section or have been convicted, within 7 years of the
22 application for employment with the school district, of any
23 other felony under the laws of this State or of any offense
24 committed or attempted in any other state or against the laws
25 of the United States that, if committed or attempted in this
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1 State, would have been punishable as a felony under the laws of
2 this State. Authorization for the check shall be furnished by
3 the applicant to the school district, except that if the
4 applicant is a substitute teacher seeking employment in more
5 than one school district, or a teacher seeking concurrent
6 part-time employment positions with more than one school
7 district (as a reading specialist, special education teacher
8 or otherwise), or an educational support personnel employee
9 seeking employment positions with more than one district, any
10 such district may require the applicant to furnish
11 authorization for the check to the regional superintendent of
12 the educational service region in which are located the school
13 districts in which the applicant is seeking employment as a
14 substitute or concurrent part-time teacher or concurrent
15 educational support personnel employee. Upon receipt of this
16 authorization, the school district or the appropriate regional
17 superintendent, as the case may be, shall submit the
18 applicant's name, sex, race, date of birth, social security
19 number, fingerprint images, and other identifiers, as
20 prescribed by the Illinois State Police, to the Illinois State
21 Police. The regional superintendent submitting the requisite
22 information to the Illinois State Police shall promptly notify
23 the school districts in which the applicant is seeking
24 employment as a substitute or concurrent part-time teacher or
25 concurrent educational support personnel employee that the
26 check of the applicant has been requested. The Illinois State
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1 Police and the Federal Bureau of Investigation shall furnish,
2 pursuant to a fingerprint-based criminal history records
3 check, records of convictions, forever and hereinafter, until
4 expunged, to the president of the school board for the school
5 district that requested the check, or to the regional
6 superintendent who requested the check. The Illinois State
7 Police shall charge the school district or the appropriate
8 regional superintendent a fee for conducting such check, which
9 fee shall be deposited in the State Police Services Fund and
10 shall not exceed the cost of the inquiry; and the applicant
11 shall not be charged a fee for such check by the school
12 district or by the regional superintendent. Subject to
13 appropriations for these purposes, the State Superintendent of
14 Education shall reimburse the school district and regional
15 superintendent for fees paid to obtain criminal history
16 records checks under this Section.
17 (a-5) The school district or regional superintendent shall
18 further perform a check of the Statewide Sex Offender
19 Database, as authorized by the Sex Offender Community
20 Notification Law, for each applicant. The check of the
21 Statewide Sex Offender Database must be conducted by the
22 school district or regional superintendent once for every 5
23 years that an applicant remains employed by the school
24 district.
25 (a-6) The school district or regional superintendent shall
26 further perform a check of the Statewide Murderer and Violent
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1 Offender Against Youth Database, as authorized by the Murderer
2 and Violent Offender Against Youth Community Notification Law,
3 for each applicant. The check of the Murderer and Violent
4 Offender Against Youth Database must be conducted by the
5 school district or regional superintendent once for every 5
6 years that an applicant remains employed by the school
7 district.
8 (b) Any information concerning the record of convictions
9 obtained by the president of the board of education or the
10 regional superintendent shall be confidential and may only be
11 transmitted to the general superintendent of the school
12 district or his designee, the appropriate regional
13 superintendent if the check was requested by the board of
14 education for the school district, the presidents of the
15 appropriate board of education or school boards if the check
16 was requested from the Illinois State Police by the regional
17 superintendent, the State Board of Education and the school
18 district as authorized under subsection (b-5), the State
19 Superintendent of Education, the State Educator Preparation
20 and Licensure Board or any other person necessary to the
21 decision of hiring the applicant for employment. A copy of the
22 record of convictions obtained from the Illinois State Police
23 shall be provided to the applicant for employment. Upon the
24 check of the Statewide Sex Offender Database or Statewide
25 Murderer and Violent Offender Against Youth Database, the
26 school district or regional superintendent shall notify an
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1 applicant as to whether or not the applicant has been
2 identified in the Database. If a check of an applicant for
3 employment as a substitute or concurrent part-time teacher or
4 concurrent educational support personnel employee in more than
5 one school district was requested by the regional
6 superintendent, and the Illinois State Police upon a check
7 ascertains that the applicant has not been convicted of any of
8 the enumerated criminal or drug offenses in subsection (c) of
9 this Section or has not been convicted, within 7 years of the
10 application for employment with the school district, of any
11 other felony under the laws of this State or of any offense
12 committed or attempted in any other state or against the laws
13 of the United States that, if committed or attempted in this
14 State, would have been punishable as a felony under the laws of
15 this State and so notifies the regional superintendent and if
16 the regional superintendent upon a check ascertains that the
17 applicant has not been identified in the Sex Offender Database
18 or Statewide Murderer and Violent Offender Against Youth
19 Database, then the regional superintendent shall issue to the
20 applicant a certificate evidencing that as of the date
21 specified by the Illinois State Police the applicant has not
22 been convicted of any of the enumerated criminal or drug
23 offenses in subsection (c) of this Section or has not been
24 convicted, within 7 years of the application for employment
25 with the school district, of any other felony under the laws of
26 this State or of any offense committed or attempted in any
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1 other state or against the laws of the United States that, if
2 committed or attempted in this State, would have been
3 punishable as a felony under the laws of this State and
4 evidencing that as of the date that the regional
5 superintendent conducted a check of the Statewide Sex Offender
6 Database or Statewide Murderer and Violent Offender Against
7 Youth Database, the applicant has not been identified in the
8 Database. The school board of any school district may rely on
9 the certificate issued by any regional superintendent to that
10 substitute teacher, concurrent part-time teacher, or
11 concurrent educational support personnel employee or may
12 initiate its own criminal history records check of the
13 applicant through the Illinois State Police and its own check
14 of the Statewide Sex Offender Database or Statewide Murderer
15 and Violent Offender Against Youth Database as provided in
16 this Section. Any unauthorized release of confidential
17 information may be a violation of Section 7 of the Criminal
18 Identification Act.
19 (b-5) If a criminal history records check or check of the
20 Statewide Sex Offender Database or Statewide Murderer and
21 Violent Offender Against Youth Database is performed by a
22 regional superintendent for an applicant seeking employment as
23 a substitute teacher with the school district, the regional
24 superintendent may disclose to the State Board of Education
25 whether the applicant has been issued a certificate under
26 subsection (b) based on those checks. If the State Board
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1 receives information on an applicant under this subsection,
2 then it must indicate in the Educator Licensure Information
3 System for a 90-day period that the applicant has been issued
4 or has not been issued a certificate.
5 (c) The board of education shall not knowingly employ a
6 person who has been convicted of any offense that would
7 subject him or her to license suspension or revocation
8 pursuant to Section 21B-80 of this Code, except as provided
9 under subsection (b) of 21B-80. Further, the board of
10 education shall not knowingly employ a person who has been
11 found to be the perpetrator of sexual or physical abuse of any
12 minor under 18 years of age pursuant to proceedings under
13 Article II of the Juvenile Court Act of 1987. As a condition of
14 employment, the board of education must consider the status of
15 a person who has been issued an indicated finding of abuse or
16 neglect of a child by the Department of Children and Family
17 Services under the Abused and Neglected Child Reporting Act or
18 by a child welfare agency of another jurisdiction.
19 (d) The board of education shall not knowingly employ a
20 person for whom a criminal history records check and a
21 Statewide Sex Offender Database check have not been initiated.
22 (e) Within 10 days after the general superintendent of
23 schools, a regional office of education, or an entity that
24 provides background checks of license holders to public
25 schools receives information of a pending criminal charge
26 against a license holder for an offense set forth in Section
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1 21B-80 of this Code, the superintendent, regional office of
2 education, or entity must notify the State Superintendent of
3 Education of the pending criminal charge.
4 No later than 15 business days after receipt of a record of
5 conviction or of checking the Statewide Murderer and Violent
6 Offender Against Youth Database or the Statewide Sex Offender
7 Database and finding a registration, the general
8 superintendent of schools or the applicable regional
9 superintendent shall, in writing, notify the State
10 Superintendent of Education of any license holder who has been
11 convicted of a crime set forth in Section 21B-80 of this Code.
12 Upon receipt of the record of a conviction of or a finding of
13 child abuse by a holder of any license issued pursuant to
14 Article 21B or Section 34-8.1 of this Code, the State
15 Superintendent of Education may initiate licensure suspension
16 and revocation proceedings as authorized by law. If the
17 receipt of the record of conviction or finding of child abuse
18 is received within 6 months after the initial grant of or
19 renewal of a license, the State Superintendent of Education
20 may rescind the license holder's license.
21 (e-5) The general superintendent of schools shall, in
22 writing, notify the State Superintendent of Education of any
23 license holder whom he or she has reasonable cause to believe
24 has committed (i) an intentional act of abuse or neglect with
25 the result of making a child an abused child or a neglected
26 child, as defined in Section 3 of the Abused and Neglected
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1 Child Reporting Act or (ii) an act of sexual misconduct, as
2 defined in Section 22-85.5 of this Code, and that act resulted
3 in the license holder's dismissal or resignation from the
4 school district and must include the Illinois Educator
5 Identification Number (IEIN) of the license holder and a brief
6 description of the misconduct alleged. This notification must
7 be submitted within 30 days after the dismissal or
8 resignation. The license holder must also be contemporaneously
9 sent a copy of the notice by the superintendent. All
10 correspondence, documentation, and other information so
11 received by the State Superintendent of Education, the State
12 Board of Education, or the State Educator Preparation and
13 Licensure Board under this subsection (e-5) is confidential
14 and must not be disclosed to third parties, except (i) as
15 necessary for the State Superintendent of Education or his or
16 her designee to investigate and prosecute pursuant to Article
17 21B of this Code, (ii) pursuant to a court order, (iii) for
18 disclosure to the license holder or his or her representative,
19 or (iv) as otherwise provided in this Article and provided
20 that any such information admitted into evidence in a hearing
21 is exempt from this confidentiality and non-disclosure
22 requirement. Except for an act of willful or wanton
23 misconduct, any superintendent who provides notification as
24 required in this subsection (e-5) shall have immunity from any
25 liability, whether civil or criminal or that otherwise might
26 result by reason of such action.
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1 (f) After March 19, 1990, the provisions of this Section
2 shall apply to all employees of persons or firms holding
3 contracts with any school district including, but not limited
4 to, food service workers, school bus drivers and other
5 transportation employees, who have direct, daily contact with
6 the pupils of any school in such district. For purposes of
7 criminal history records checks and checks of the Statewide
8 Sex Offender Database on employees of persons or firms holding
9 contracts with more than one school district and assigned to
10 more than one school district, the regional superintendent of
11 the educational service region in which the contracting school
12 districts are located may, at the request of any such school
13 district, be responsible for receiving the authorization for a
14 criminal history records check prepared by each such employee
15 and submitting the same to the Illinois State Police and for
16 conducting a check of the Statewide Sex Offender Database for
17 each employee. Any information concerning the record of
18 conviction and identification as a sex offender of any such
19 employee obtained by the regional superintendent shall be
20 promptly reported to the president of the appropriate school
21 board or school boards.
22 (f-5) Upon request of a school or school district, any
23 information obtained by the school district pursuant to
24 subsection (f) of this Section within the last year must be
25 made available to the requesting school or school district.
26 (g) Prior to the commencement of any student teaching
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1 experience or required internship (which is referred to as
2 student teaching in this Section) in the public schools, a
3 student teacher is required to authorize a fingerprint-based
4 criminal history records check. Authorization for and payment
5 of the costs of the check must be furnished by the student
6 teacher to the school district. Upon receipt of this
7 authorization and payment, the school district shall submit
8 the student teacher's name, sex, race, date of birth, social
9 security number, fingerprint images, and other identifiers, as
10 prescribed by the Illinois State Police, to the Illinois State
11 Police. The Illinois State Police and the Federal Bureau of
12 Investigation shall furnish, pursuant to a fingerprint-based
13 criminal history records check, records of convictions,
14 forever and hereinafter, until expunged, to the president of
15 the board. The Illinois State Police shall charge the school
16 district a fee for conducting the check, which fee must not
17 exceed the cost of the inquiry and must be deposited into the
18 State Police Services Fund. The school district shall further
19 perform a check of the Statewide Sex Offender Database, as
20 authorized by the Sex Offender Community Notification Law, and
21 of the Statewide Murderer and Violent Offender Against Youth
22 Database, as authorized by the Murderer and Violent Offender
23 Against Youth Registration Act, for each student teacher. The
24 board may not knowingly allow a person to student teach for
25 whom a criminal history records check, a Statewide Sex
26 Offender Database check, and a Statewide Murderer and Violent
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1 Offender Against Youth Database check have not been completed
2 and reviewed by the district.
3 A copy of the record of convictions obtained from the
4 Illinois State Police must be provided to the student teacher.
5 Any information concerning the record of convictions obtained
6 by the president of the board is confidential and may only be
7 transmitted to the general superintendent of schools or his or
8 her designee, the State Superintendent of Education, the State
9 Educator Preparation and Licensure Board, or, for
10 clarification purposes, the Illinois State Police or the
11 Statewide Sex Offender Database or Statewide Murderer and
12 Violent Offender Against Youth Database. Any unauthorized
13 release of confidential information may be a violation of
14 Section 7 of the Criminal Identification Act.
15 The board may not knowingly allow a person to student
16 teach who has been convicted of any offense that would subject
17 him or her to license suspension or revocation pursuant to
18 subsection (c) of Section 21B-80 of this Code, except as
19 provided under subsection (b) of Section 21B-80. Further, the
20 board may not allow a person to student teach if he or she has
21 been found to be the perpetrator of sexual or physical abuse of
22 a minor under 18 years of age pursuant to proceedings under
23 Article II of the Juvenile Court Act of 1987. The board must
24 consider the status of a person to student teach who has been
25 issued an indicated finding of abuse or neglect of a child by
26 the Department of Children and Family Services under the
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