Illinois 2025-2026 Regular Session

Illinois House Bill HB2995 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2995 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-85.10105 ILCS 5/22-85.15 new105 ILCS 5/22-94 Amends the School Code. Provides that notification of the alleged misconduct and available resources shall also be provided to the employee, agent of the school, or contractor of the school who is alleged to have engaged in sexual misconduct. Requires the governing body of each school district, charter school, or nonpublic school to implement an investigation procedure under which an employee, agent of the school, or contractor of the school is alleged to have engaged in sexual misconduct. Provides that any adverse determination issued to an employee, agent of the school, or contractor of the school for events that occurred prior to the effective date of the amendatory Act shall be considered null and void only if any and all investigations conducted by a regulatory third party entity resulted in a finding that the allegation was false, unfounded, indeterminable, or unsubstantiated or a previous finding was otherwise overturned or expunged on appeal. Requires the adverse determination and related documents to be removed from the applicable personnel records within 14 business days after written notice. Makes other changes. LRB104 11192 LNS 21274 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2995 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: 105 ILCS 5/22-85.10105 ILCS 5/22-85.15 new105 ILCS 5/22-94 105 ILCS 5/22-85.10 105 ILCS 5/22-85.15 new 105 ILCS 5/22-94 Amends the School Code. Provides that notification of the alleged misconduct and available resources shall also be provided to the employee, agent of the school, or contractor of the school who is alleged to have engaged in sexual misconduct. Requires the governing body of each school district, charter school, or nonpublic school to implement an investigation procedure under which an employee, agent of the school, or contractor of the school is alleged to have engaged in sexual misconduct. Provides that any adverse determination issued to an employee, agent of the school, or contractor of the school for events that occurred prior to the effective date of the amendatory Act shall be considered null and void only if any and all investigations conducted by a regulatory third party entity resulted in a finding that the allegation was false, unfounded, indeterminable, or unsubstantiated or a previous finding was otherwise overturned or expunged on appeal. Requires the adverse determination and related documents to be removed from the applicable personnel records within 14 business days after written notice. Makes other changes. LRB104 11192 LNS 21274 b LRB104 11192 LNS 21274 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2995 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/22-85.10105 ILCS 5/22-85.15 new105 ILCS 5/22-94 105 ILCS 5/22-85.10 105 ILCS 5/22-85.15 new 105 ILCS 5/22-94
4	4	105 ILCS 5/22-85.10
5	5	105 ILCS 5/22-85.15 new
6	6	105 ILCS 5/22-94
7	7	Amends the School Code. Provides that notification of the alleged misconduct and available resources shall also be provided to the employee, agent of the school, or contractor of the school who is alleged to have engaged in sexual misconduct. Requires the governing body of each school district, charter school, or nonpublic school to implement an investigation procedure under which an employee, agent of the school, or contractor of the school is alleged to have engaged in sexual misconduct. Provides that any adverse determination issued to an employee, agent of the school, or contractor of the school for events that occurred prior to the effective date of the amendatory Act shall be considered null and void only if any and all investigations conducted by a regulatory third party entity resulted in a finding that the allegation was false, unfounded, indeterminable, or unsubstantiated or a previous finding was otherwise overturned or expunged on appeal. Requires the adverse determination and related documents to be removed from the applicable personnel records within 14 business days after written notice. Makes other changes.
8	8	LRB104 11192 LNS 21274 b LRB104 11192 LNS 21274 b
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10	10	A BILL FOR
11	11	HB2995LRB104 11192 LNS 21274 b HB2995 LRB104 11192 LNS 21274 b
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13	13	1 AN ACT concerning education.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The School Code is amended by changing Sections
17	17	5 22-85.10 and 22-94 and by adding Section 22-85.15 as follows:
18	18	6 (105 ILCS 5/22-85.10)
19	19	7 Sec. 22-85.10. Notification Parental notification of
20	20	8 alleged sexual misconduct.
21	21	9 (a) The governing body of each school district, charter
22	22	10 school, or nonpublic school shall implement a procedure under
23	23	11 which notice is provided to the parents or guardians of an
24	24	12 enrolled student, unless the student is at least 18 years of
25	25	13 age or emancipated, with whom an employee, agent of the
26	26	14 school, or a contractor of the school is alleged to have
27	27	15 engaged in sexual misconduct as defined in subsection (c) of
28	28	16 Section 22-85.5 of this Code. Notice provided to the parent or
29	29	17 guardian of a student with a disability must not conflict with
30	30	18 the student's individualized education plan or a Section 504
31	31	19 plan under the federal Rehabilitation Act of 1973 and the
32	32	20 requirements of applicable State or federal law. The procedure
33	33	21 shall include:
34	34	22 (1) Consideration of the time frame for providing
35	35	23 notice to the student and the student's parents or
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB2995 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
40	40	105 ILCS 5/22-85.10105 ILCS 5/22-85.15 new105 ILCS 5/22-94 105 ILCS 5/22-85.10 105 ILCS 5/22-85.15 new 105 ILCS 5/22-94
41	41	105 ILCS 5/22-85.10
42	42	105 ILCS 5/22-85.15 new
43	43	105 ILCS 5/22-94
44	44	Amends the School Code. Provides that notification of the alleged misconduct and available resources shall also be provided to the employee, agent of the school, or contractor of the school who is alleged to have engaged in sexual misconduct. Requires the governing body of each school district, charter school, or nonpublic school to implement an investigation procedure under which an employee, agent of the school, or contractor of the school is alleged to have engaged in sexual misconduct. Provides that any adverse determination issued to an employee, agent of the school, or contractor of the school for events that occurred prior to the effective date of the amendatory Act shall be considered null and void only if any and all investigations conducted by a regulatory third party entity resulted in a finding that the allegation was false, unfounded, indeterminable, or unsubstantiated or a previous finding was otherwise overturned or expunged on appeal. Requires the adverse determination and related documents to be removed from the applicable personnel records within 14 business days after written notice. Makes other changes.
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46	46	LRB104 11192 LNS 21274 b
47	47	A BILL FOR
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55	55	105 ILCS 5/22-94
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74	74	1 guardians if the alleged sexual misconduct is also being
75	75	2 investigated by the Illinois Department of Children and
76	76	3 Family Services or law enforcement as described in Section
77	77	4 22-85 of this Code.
78	78	5 (2) Prior to notification of the student's parents or
79	79	6 guardians, notification must first be provided to the
80	80	7 student in a developmentally appropriate manner and
81	81	8 include:
82	82	9 (A) that notice will be given to the student's
83	83	10 parents or guardians;
84	84	11 (B) what information will be included in the
85	85	12 notice to the student's parents or guardians;
86	86	13 (C) available resources for the student within the
87	87	14 school and community in accordance with Article 26A of
88	88	15 this Code and available counseling services under
89	89	16 Section 3-550 of the Mental Health and Developmental
90	90	17 Disabilities Code; and
91	91	18 (D) beginning July 1, 2025, the name and contact
92	92	19 information for the domestic and sexual violence and
93	93	20 parenting resource coordinator under Section 26A-35 of
94	94	21 this Code.
95	95	22 (3) After notification of the student as required
96	96	23 under paragraph (2), the student's parents or guardians
97	97	24 shall be notified in writing:
98	98	25 (A) of the alleged misconduct; and
99	99	26 (B) of available resources for the student within
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110	110	1 the school and the community in accordance with
111	111	2 Article 26A of this Code and, beginning on July 1,
112	112	3 2025, the name and contact information for the
113	113	4 domestic and sexual violence and parenting resource
114	114	5 coordinator under Section 26A-35 of this Code.
115	115	6 (4) Notification must be provided as soon as feasible
116	116	7 after the employing entity becomes aware that alleged
117	117	8 misconduct may have occurred, subject to the requirements
118	118	9 of subsection (f) of Section 22-85 of this Code.
119	119	10 (5) Notification of the same information provided in
120	120	11 paragraph (3) shall be contemporaneously provided to the
121	121	12 employee, agent of the school, or contractor of the school
122	122	13 who is alleged to have engaged in sexual misconduct, as
123	123	14 defined in Section 22-85.5 of this Code, and the
124	124	15 employee's, agent's, or contractor's exclusive bargaining
125	125	16 representative, if applicable.
126	126	17 (b) The governing body of each school district, charter
127	127	18 school, or nonpublic school shall implement a procedure under
128	128	19 which notice is provided to the parents or guardians of a
129	129	20 student, subject to subsection (a), when any formal action has
130	130	21 been taken by the governing body relating to the employment of
131	131	22 the alleged perpetrator following the investigation of sexual
132	132	23 misconduct, including whether employment was terminated or
133	133	24 whether the governing body accepted the resignation of the
134	134	25 employee. Notice provided to the parents or guardians of a
135	135	26 student with a disability must not conflict with the student's
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146	146	1 individualized education plan or a Section 504 plan under the
147	147	2 federal Rehabilitation Act of 1973 and the requirements of
148	148	3 applicable State or federal law. The procedure shall include:
149	149	4 (1) Consideration of the time frame for providing
150	150	5 notice to the student and the student's parents or
151	151	6 guardians if the alleged sexual misconduct is also being
152	152	7 investigated by the Illinois Department of Children and
153	153	8 Family Services or law enforcement as described in Section
154	154	9 22-85 of this Code.
155	155	10 (2) Prior to notification of the student's parents or
156	156	11 guardians, notification must first be provided to the
157	157	12 student in a developmentally appropriate manner and
158	158	13 include:
159	159	14 (A) that notice will be given to the student's
160	160	15 parent or guardian of the governing body's action;
161	161	16 (B) what information will be included in the
162	162	17 notice to the student's parents or guardians;
163	163	18 (C) available resources for the student within the
164	164	19 school and community in accordance with Article 26A of
165	165	20 this Code and available counseling services under
166	166	21 Section 3-550 of the Mental Health and Developmental
167	167	22 Disabilities Code; and
168	168	23 (D) beginning July 1, 2025, the name and contact
169	169	24 information for the domestic and sexual violence and
170	170	25 parenting resource coordinator under Section 26A-35 of
171	171	26 this Code.
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182	182	1 (3) After notification of the student as required in
183	183	2 paragraph (2), the student's parents or guardians shall be
184	184	3 notified in writing:
185	185	4 (A) of the governing body's action;
186	186	5 (B) whether a report concerning the alleged sexual
187	187	6 misconduct was or will be submitted to the State
188	188	7 Superintendent of Education and the applicable
189	189	8 regional superintendent of schools pursuant to Section
190	190	9 10-21.9 of this Code; and
191	191	10 (C) of available resources for the student within
192	192	11 the school and the community in accordance with
193	193	12 Article 26A of this Code and, beginning on July 1,
194	194	13 2025, the name and contact information for the
195	195	14 domestic and sexual violence and parenting resource
196	196	15 coordinator under Section 26A-35 of this Code.
197	197	16 (4) Notification must be provided as soon as feasible
198	198	17 after the board action is taken, subject to the
199	199	18 requirements of subsection (f) of Section 22-85 of this
200	200	19 Code.
201	201	20 (5) For the purposes of subsection (b), if the student
202	202	21 is no longer enrolled at the time formal action is taken,
203	203	22 sending written notice to the last known address in the
204	204	23 student's file fulfills notification requirements.
205	205	24 (c) Notwithstanding any other provision of this Section,
206	206	25 notification to the student prior to notification of the
207	207	26 student's parents or guardians shall not be required to the
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218	218	1 extent an employee or agent of the school district, charter
219	219	2 school, or nonpublic school deems it necessary to address an
220	220	3 imminent risk of serious physical injury or death of a student
221	221	4 or another person, including the victim. If prior notification
222	222	5 to the student is not given, notification to the student shall
223	223	6 be provided as soon as practicable and without delay following
224	224	7 the notification to the student's parents or guardians.
225	225	8 (d) Subsections (a) and (b) shall not apply if the
226	226	9 student's parent or guardian is the alleged perpetrator of the
227	227	10 misconduct.
228	228	11 (Source: P.A. 102-702, eff. 7-1-23.)
229	229	12 (105 ILCS 5/22-85.15 new)
230	230	13 Sec. 22-85.15. Investigation of alleged sexual misconduct.
231	231	14 The governing body of each school district, charter school, or
232	232	15 nonpublic school shall implement an investigation procedure
233	233	16 under which an employee, agent of the school, or contractor of
234	234	17 the school is alleged to have engaged in sexual misconduct, as
235	235	18 defined in subsection (c) of Section 22-85.5 of this Code.
236	236	19 (1) Consideration of the time frame for investigation
237	237	20 may be given if the alleged sexual misconduct is also
238	238	21 being investigated by the Department of Children and
239	239	22 Family Services or law enforcement as described in Section
240	240	23 22-85 of this Code. An employer investigation shall be
241	241	24 delayed if directed by the Department of Children and
242	242	25 Family Services or law enforcement or a determination may
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253	253	1 be deferred as set out in paragraph (8).
254	254	2 (2) Unless the investigation is delayed or deferred as
255	255	3 set forth in this Section, the school district, charter
256	256	4 school, or nonpublic school shall begin its investigation,
257	257	5 in good faith, as soon as practically possible following
258	258	6 the notifications provided under Section 22-85.10 of this
259	259	7 code, but no later than 14 days after such notification
260	260	8 issue.
261	261	9 (3) The purpose of the investigation is to determine
262	262	10 whether the allegation is substantiated as to the
263	263	11 allegation of sexual misconduct, as defined by Section
264	264	12 22-85.5 of this Code, and, if so, whether any formal
265	265	13 action will be taken.
266	266	14 (4) The investigator shall have:
267	267	15 (A) direct, in-person contact with the alleged
268	268	16 victim;
269	269	17 (B) the employee, agent of the school, or
270	270	18 contractor of the school who is alleged to have
271	271	19 engaged in sexual misconduct, as defined by Section
272	272	20 22-85.5 of this Code; and
273	273	21 (C) in-person or telephone contact with the
274	274	22 reporter who made the accusation, if the reporter's
275	275	23 identity and whereabouts are available and in-person
276	276	24 or telephone contact with any other necessary
277	277	25 witnesses.
278	278	26 Contact shall only be waived if any of the individuals
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289	289	1 refuse to meet with the investigator or are determined to
290	290	2 be inaccessible. The employee, agent of the school, or
291	291	3 contractor of the school who is the subject of the
292	292	4 investigation is entitled to representation through the
293	293	5 exclusive bargaining representative, if applicable.
294	294	6 (5) The investigation, including the final
295	295	7 investigative report with a determination and any
296	296	8 recommended formal action, shall be completed within 60
297	297	9 days following the notifications provided under Section
298	298	10 22-85.10 of this Code. For good cause, the investigation
299	299	11 timeline may be extended, one time, up to an additional 30
300	300	12 days.
301	301	13 (6) Upon completion of the formal investigation, the
302	302	14 investigator shall make a determination regarding the
303	303	15 allegation along with any recommended formal action. This
304	304	16 determination shall be based upon the information gathered
305	305	17 from other persons during the investigation and the direct
306	306	18 observations made by the investigative staff during the
307	307	19 investigation substantiate the allegation.
308	308	20 (7) The formal investigation must result in one of the
309	309	21 following determinations:
310	310	22 (A) substantiated; if there is corroborated,
311	311	23 consistent, and precise evidence substantiating the
312	312	24 allegation of sexual misconduct, as defined by Section
313	313	25 22-85.5 of this Code;
314	314	26 (B) unsubstantiated; if there is a lack of
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325	325	1 evidence to substantiate the allegation as set out in
326	326	2 subparagraph (A); or
327	327	3 (C) indeterminable; if the investigator is unable,
328	328	4 for good cause, to gather sufficient facts to conduct
329	329	5 a good faith formal investigation.
330	330	6 (8) A formal investigation result shall be considered
331	331	7 unsubstantiated where the Department of Children and
332	332	8 Family Services has investigated the same allegation under
333	333	9 its jurisdiction under the Abused and Neglected Child
334	334	10 Reporting Act and determined the allegation is unfounded,
335	335	11 an indicated finding is expunged on appeal, or the matter
336	336	12 was referred to law enforcement and any charges brought
337	337	13 were not pursued, dropped, or the matter was otherwise
338	338	14 adjudicated in favor of the employee, agent of the school,
339	339	15 or contractor of the school.
340	340	16 (9) An employee, agent of the school, or contractor of
341	341	17 the school who receives a determination of substantiated
342	342	18 may appeal the determination and any recommended formal
343	343	19 action by requesting a due process hearing before an
344	344	20 independent hearing officer or the State Board of
345	345	21 Education's list of due process hearing officers. The
346	346	22 appeal must be made to the governing body of the school
347	347	23 district, charter school, or nonpublic school, in writing,
348	348	24 within 45 days of being served with a substantiated
349	349	25 determination.
350	350	26 (A) The State Board of Education shall, from the
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361	361	1 master list provide, on a rotating basis, a list of 5
362	362	2 prospective hearing officers within 5 business days
363	363	3 after receiving a request for a list.
364	364	4 (B) Within 3 days, the parties will engage in an
365	365	5 alternating striking process until one name remains.
366	366	6 Unless waived, the employee has the right to strike
367	367	7 first.
368	368	8 (C) The scope of the hearing shall be whether the
369	369	9 investigation supports a substantiated determination
370	370	10 of sexual misconduct, as defined by Section 22-85.5 of
371	371	11 this Code, along with the recommended formal action by
372	372	12 a preponderance of the evidence. The burden at the
373	373	13 hearing shall be on the employer.
374	374	14 (D) The proper parties to the hearing are the
375	375	15 employee and the governing body of the school
376	376	16 district, charter school, or nonpublic school. Each
377	377	17 party has the right to retain representation, present
378	378	18 evidence and testimony, cross-examine witnesses, and
379	379	19 make arguments.
380	380	20 (E) The hearing officer may uphold the
381	381	21 substantiated determination and any recommended formal
382	382	22 action, uphold the substantiated determination but
383	383	23 modify or vacate any recommended formal action, or
384	384	24 find that the determination is unsubstantiated and
385	385	25 vacate the recommended formal action. The hearing
386	386	26 officer's decision shall be considered a final
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397	397	1 decision, subject to administrative review under
398	398	2 Article 3 of the Code of Civil Procedure.
399	399	3 (105 ILCS 5/22-94)
400	400	4 Sec. 22-94. Employment history review.
401	401	5 (a) This Section applies to all permanent and temporary
402	402	6 positions for employment with a school or a contractor of a
403	403	7 school involving direct contact with children or students.
404	404	8 (b) In this Section:
405	405	9 "Contractor" means firms holding contracts with any school
406	406	10 including, but not limited to, food service workers, school
407	407	11 bus drivers and other transportation employees, who have
408	408	12 direct contact with children or students.
409	409	13 "Direct contact with children or students" means the
410	410	14 possibility of care, supervision, guidance, or control of
411	411	15 children or students or routine interaction with children or
412	412	16 students.
413	413	17 "School" means a public or nonpublic elementary or
414	414	18 secondary school.
415	415	19 "Sexual misconduct" has the meaning ascribed to it in
416	416	20 subsection (c) of Section 22-85.5 of this Code and applies to
417	417	21 information or knowledge of events investigated or deferred
418	418	22 from investigation arising after December 3, 2021 (the
419	419	23 effective date of Public Act 102-676).
420	420	24 (b-5) Any adverse determination issued to an employee,
421	421	25 agent of the school, or contractor of the school for events
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432	432	1 that occurred prior to the effective date of this amendatory
433	433	2 Act of the 104the General Assembly shall be considered null
434	434	3 and void only if any and all investigations conducted by a
435	435	4 regulatory third party entity resulted in:
436	436	5 (1) a finding that the allegation was false,
437	437	6 unfounded, indeterminable, or unsubstantiated; or
438	438	7 (2) a previous finding was otherwise overturned or
439	439	8 expunged on appeal.
440	440	9 The adverse determination and related documents must then
441	441	10 be removed from the applicable personnel records within 14
442	442	11 business days after written notice.
443	443	12 (c) Prior to hiring an applicant to work directly with
444	444	13 children or students, a school or contractor must ensure that
445	445	14 the following criteria are met:
446	446	15 (1) the school or contractor has no knowledge or
447	447	16 information pertaining to the applicant that would
448	448	17 disqualify the applicant from employment;
449	449	18 (2) the applicant swears or affirms that the applicant
450	450	19 is not disqualified from employment;
451	451	20 (3) using the template developed by the State Board of
452	452	21 Education, the applicant provides all of the following:
453	453	22 (A) a list, including the name, address, telephone
454	454	23 number, and other relevant contact information of the
455	455	24 following:
456	456	25 (i) the applicant's current employer;
457	457	26 (ii) all former employers of the applicant
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468	468	1 that were schools or school contractors, as well
469	469	2 as all former employers at which the applicant had
470	470	3 direct contact with children or students;
471	471	4 (B) A written authorization that consents to and
472	472	5 authorizes disclosure by the applicant's current and
473	473	6 former employers under subparagraph (A) of this
474	474	7 paragraph (3) of the information requested under
475	475	8 paragraph (4) of this subsection (c) and the release
476	476	9 of related records and that releases those employers
477	477	10 from any liability that may arise from such disclosure
478	478	11 or release of records pursuant to subsection (e).
479	479	12 (C) A written statement of whether the applicant:
480	480	13 (i) has been the subject of a sexual
481	481	14 misconduct allegation, unless a subsequent
482	482	15 investigation resulted in a finding that the
483	483	16 allegation was false, unfounded, indeterminable,
484	484	17 or unsubstantiated or a finding was otherwise
485	485	18 overturned or expunged on appeal;
486	486	19 (ii) has ever been discharged from, been asked
487	487	20 to resign from, resigned from, or otherwise been
488	488	21 separated from any employment, has ever been
489	489	22 disciplined by an employer, or has ever had an
490	490	23 employment contract not renewed due to an
491	491	24 adjudication or finding of sexual misconduct or
492	492	25 while an allegation of sexual misconduct was
493	493	26 pending or under investigation, unless the
494	494
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504	504	1 investigation resulted in a finding that the
505	505	2 allegation was false, unfounded, indeterminable,
506	506	3 or unsubstantiated or a finding was otherwise
507	507	4 overturned or expunged on appeal; or
508	508	5 (iii) has ever had a license or certificate
509	509	6 suspended, surrendered, or revoked or had an
510	510	7 application for licensure, approval, or
511	511	8 endorsement denied due to an adjudication or
512	512	9 finding of sexual misconduct or while an
513	513	10 allegation of sexual misconduct was pending or
514	514	11 under investigation, unless the investigation
515	515	12 resulted in a finding that the allegation was
516	516	13 false, unfounded, indeterminable, or
517	517	14 unsubstantiated or a finding was otherwise
518	518	15 overturned or expunged on appeal.
519	519	16 (4) The school or contractor shall initiate a review
520	520	17 of the employment history of the applicant by contacting
521	521	18 those employers listed by the applicant under subparagraph
522	522	19 (A) of paragraph (3) of this subsection (c) and, using the
523	523	20 template developed by the State Board of Education,
524	524	21 request all of the following information:
525	525	22 (A) the dates of employment of the applicant;
526	526	23 (B) a statement as to whether the applicant:
527	527	24 (i) has been the subject of a sexual
528	528	25 misconduct allegation, unless a subsequent
529	529	26 investigation resulted in a finding that the
530	530
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540	540	1 allegation was false, unfounded, indeterminable,
541	541	2 or unsubstantiated or a finding was otherwise
542	542	3 overturned or expunged on appeal;
543	543	4 (ii) was discharged from, was asked to resign
544	544	5 from, resigned from, or was otherwise separated
545	545	6 from any employment, was disciplined by the
546	546	7 employer, or had an employment contract not
547	547	8 renewed due to an adjudication or finding of
548	548	9 sexual misconduct or while an allegation of sexual
549	549	10 misconduct was pending or under investigation,
550	550	11 unless the investigation resulted in a finding
551	551	12 that the allegation was false, unfounded,
552	552	13 indeterminable, or unsubstantiated or a finding
553	553	14 was otherwise overturned or expunged on appeal; or
554	554	15 (iii) has ever had a license or certificate
555	555	16 suspended, surrendered, or revoked due to an
556	556	17 adjudication or finding of sexual misconduct or
557	557	18 while an allegation of sexual misconduct was
558	558	19 pending or under investigation, unless the
559	559	20 investigation resulted in a finding that the
560	560	21 allegation was false, unfounded, indeterminable,
561	561	22 or unsubstantiated or a finding was otherwise
562	562	23 overturned or expunged on appeal.
563	563	24 (C) The template shall include the following
564	564	25 option: if the employer does not have records or
565	565	26 evidence regarding the questions in items (i) through
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576	576	1 (iii) of subparagraph (B) of paragraph (4) of
577	577	2 subsection (c), the employer may state that there is
578	578	3 no knowledge of information pertaining to the
579	579	4 applicant that would disqualify the applicant from
580	580	5 employment.
581	581	6 (5) For applicants licensed by the State Board of
582	582	7 Education, the school district, charter school, or
583	583	8 nonpublic school shall verify the applicant's reported
584	584	9 previous employers with previous employers in the State
585	585	10 Board of Education's educator licensure database to ensure
586	586	11 accuracy.
587	587	12 (d) An applicant who provides false information or
588	588	13 willfully fails to disclose information required in subsection
589	589	14 (c) shall be subject to discipline, up to and including
590	590	15 termination or denial of employment.
591	591	16 (e) No later than 20 days after receiving a request for
592	592	17 information required under paragraph (4) of subsection (c), an
593	593	18 employer who has or had an employment relationship with the
594	594	19 applicant shall disclose the information requested. If the
595	595	20 employer has an office of human resources or a central office,
596	596	21 information shall be provided by that office. The employer who
597	597	22 has or had an employment relationship with the applicant shall
598	598	23 disclose the information on the template developed by the
599	599	24 State Board of Education. For any affirmative response to
600	600	25 items (i) through (iii) of subparagraph (B) of paragraph (4)
601	601	26 or subsection (c), the employer who has or had an employment
602	602
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612	612	1 relationship with the applicant shall provide additional
613	613	2 information about the matters disclosed and all related
614	614	3 records.
615	615	4 A school shall complete the template at time of separation
616	616	5 from employment, or at the request of the employee, and
617	617	6 maintain it as part of the employee's personnel file. If the
618	618	7 school completes an investigation after an employee's
619	619	8 separation from employment, the school shall update the
620	620	9 information accordingly.
621	621	10 Information received under this Section shall not be
622	622	11 deemed a public record.
623	623	12 A school or contractor who receives information under this
624	624	13 subsection (e) may use the information for the purpose of
625	625	14 evaluating an applicant's fitness to be hired or for continued
626	626	15 employment and may report the information, as appropriate, to
627	627	16 the State Board of Education, a State licensing agency, a law
628	628	17 enforcement agency, a child protective services agency,
629	629	18 another school or contractor, or a prospective employer.
630	630	19 An employer, school, school administrator, or contractor
631	631	20 who provides information or records about a current or former
632	632	21 employee or applicant under this Section is immune from
633	633	22 criminal and civil liability for the disclosure of the
634	634	23 information or records, unless the information or records
635	635	24 provided were knowingly false. This immunity shall be in
636	636	25 addition to and not a limitation on any other immunity
637	637	26 provided by law or any absolute or conditional privileges
638	638
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648	648	1 applicable to the disclosure by virtue of the circumstances or
649	649	2 the applicant's consent to the disclosure and shall extent to
650	650	3 any circumstances when the employer, school, school
651	651	4 administrator, or contractor in good faith shares findings of
652	652	5 sexual misconduct with another employer.
653	653	6 Unless the laws of another state prevent the release of
654	654	7 the information or records requested or disclosure is
655	655	8 restricted by the terms of a contract entered into prior to
656	656	9 July 1, 2023 (the effective date of Public Act 102-702) this
657	657	10 amendatory Act of the 102nd General Assembly, and
658	658	11 notwithstanding any other provisions of law to the contrary,
659	659	12 an employer, school, school administrator, contractor, or
660	660	13 applicant shall report and disclose, in accordance with this
661	661	14 Section, all relevant information, records, and documentation
662	662	15 that may otherwise be confidential.
663	663	16 (f) A school or contractor may not hire an applicant who
664	664	17 does not provide the information required under subsection (c)
665	665	18 for a position involving direct contact with children or
666	666	19 students.
667	667	20 (g) Beginning on July 1, 2023 (the effective date of
668	668	21 Public Act 102-702) this amendatory Act of the 102nd General
669	669	22 Assembly, a school or contractor may not enter into a
670	670	23 collective bargaining agreement, an employment contract, an
671	671	24 agreement for resignation or termination, a severance
672	672	25 agreement, or any other contract or agreement or take any
673	673	26 action that:
674	674
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684	684	1 (1) has the effect of suppressing information
685	685	2 concerning a pending investigation or a completed
686	686	3 investigation in which an allegation was substantiated
687	687	4 related to a report of suspected sexual misconduct by a
688	688	5 current or former employee;
689	689	6 (2) affects the ability of the school or contractor to
690	690	7 report suspected sexual misconduct to the appropriate
691	691	8 authorities; or
692	692	9 (3) requires the school or contractor to expunge
693	693	10 information about allegations or findings of suspected
694	694	11 sexual misconduct from any documents maintained by the
695	695	12 school or contractor, unless, after an investigation, an
696	696	13 allegation is found to be false, unfounded,
697	697	14 indeterminable, or unsubstantiated or a finding was
698	698	15 otherwise overturned or expunged on appeal.
699	699	16 (h) Any provision of an employment contract or agreement
700	700	17 for resignation or termination or a severance agreement that
701	701	18 is executed, amended, or entered into on or after July 1, 2023
702	702	19 (the effective date of Public Act 102-702) this amendatory Act
703	703	20 of the 102nd General Assembly and that is contrary to this
704	704	21 Section is void and unenforceable.
705	705	22 (i) For substitute employees, all of the following apply:
706	706	23 (1) The employment history review required by this
707	707	24 Section is required only prior to the initial hiring of a
708	708	25 substitute employee or placement on a school's approved
709	709	26 substitute list and shall remain valid as long as the
710	710
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720	720	1 substitute employee continues to be employed by the same
721	721	2 school or remains on the school's approved substitute
722	722	3 list.
723	723	4 (2) A substitute employee seeking to be added to
724	724	5 another school's substitute list shall undergo an
725	725	6 additional employment history review under this Section.
726	726	7 Except as otherwise provided in paragraph (3) of this
727	727	8 subsection (i) or in subsection (k), the appearance of a
728	728	9 substitute employee on one school's substitute list does
729	729	10 not relieve another school from compliance with this
730	730	11 Section.
731	731	12 (3) An employment history review conducted upon
732	732	13 initial hiring of a substitute employee by a contractor or
733	733	14 any other entity that furnishes substitute staffing
734	734	15 services to schools shall satisfy the requirements of this
735	735	16 Section for all schools using the services of that
736	736	17 contractor or other entity.
737	737	18 (4) A contractor or any other entity furnishing
738	738	19 substitute staffing services to schools shall comply with
739	739	20 paragraphs (3) and (4) of subsection (j).
740	740	21 (j) For employees of contractors, all of the following
741	741	22 apply:
742	742	23 (1) The employment history review required by this
743	743	24 Section shall be performed, either at the time of the
744	744	25 initial hiring of an employee or prior to the assignment
745	745	26 of an existing employee to perform work for a school in a
746	746
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756	756	1 position involving direct contact with children or
757	757	2 students. The review shall remain valid as long as the
758	758	3 employee remains employed by the same contractor, even if
759	759	4 assigned to perform work for other schools.
760	760	5 (2) A contractor shall maintain records documenting
761	761	6 employment history reviews for all employees as required
762	762	7 by this Section and, upon request, shall provide a school
763	763	8 for whom an employee is assigned to perform work access to
764	764	9 the records pertaining to that employee.
765	765	10 (3) Prior to assigning an employee to perform work for
766	766	11 a school in a position involving direct contact with
767	767	12 children or students, the contractor shall inform the
768	768	13 school of any instance known to the contractor in which
769	769	14 the employee:
770	770	15 (A) has been the subject of a sexual misconduct
771	771	16 allegation unless a subsequent investigation resulted
772	772	17 in a finding that the allegation was false, unfounded,
773	773	18 indeterminable, or unsubstantiated or a finding was
774	774	19 otherwise overturned or expunged on appeal;
775	775	20 (B) has ever been discharged, been asked to resign
776	776	21 from, resigned from, or otherwise been separated from
777	777	22 any employment, been removed from a substitute list,
778	778	23 been disciplined by an employer, or had an employment
779	779	24 contract not renewed due to an adjudication or finding
780	780	25 of sexual misconduct or while an allegation of sexual
781	781	26 misconduct was pending or under investigation, unless
782	782
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792	792	1 the investigation resulted in a finding that the
793	793	2 allegation was false, unfounded, indeterminable, or
794	794	3 unsubstantiated or a finding was otherwise overturned
795	795	4 or expunged on appeal; or
796	796	5 (C) has ever had a license or certificate
797	797	6 suspended, surrendered, or revoked due to an
798	798	7 adjudication or finding of sexual misconduct or while
799	799	8 an allegation of sexual misconduct was pending or
800	800	9 under investigation, unless the investigation resulted
801	801	10 in a finding that the allegation was false, unfounded,
802	802	11 indeterminable, or unsubstantiated or a finding was
803	803	12 otherwise overturned or expunged on appeal.
804	804	13 (4) The contractor may not assign an employee to
805	805	14 perform work for a school in a position involving direct
806	806	15 contact with children or students if the school objects to
807	807	16 the assignment after being informed of an instance listed
808	808	17 in paragraph (3).
809	809	18 (k) An applicant who has undergone an employment history
810	810	19 review under this Section and seeks to transfer to or provide
811	811	20 services to another school in the same school district,
812	812	21 diocese, or religious jurisdiction, or to another school
813	813	22 established and supervised by the same organization is not
814	814	23 required to obtain additional reports under this Section
815	815	24 before transferring.
816	816	25 (l) Nothing in this Section shall be construed:
817	817	26 (1) to prevent a prospective employer from conducting
818	818
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