Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1329 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1329 Introduced 1/28/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 105 ILCS 5/21B-75 Amends the Educator Licensure Article of the School Code. With respect to the suspension or revocation of a license, endorsement, or approval, allows disclosure of correspondence, documentation, and other information received by a regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board to the license holder's current or most recent employer. Provides that a Notice of Opportunity for Hearing and Statement of Charges issued by the State Superintendent of Education against a license holder is not confidential and may be disclosed to third parties. LRB104 06310 LNS 16345 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1329 Introduced 1/28/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 105 ILCS 5/21B-75 105 ILCS 5/21B-75 Amends the Educator Licensure Article of the School Code. With respect to the suspension or revocation of a license, endorsement, or approval, allows disclosure of correspondence, documentation, and other information received by a regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board to the license holder's current or most recent employer. Provides that a Notice of Opportunity for Hearing and Statement of Charges issued by the State Superintendent of Education against a license holder is not confidential and may be disclosed to third parties. LRB104 06310 LNS 16345 b LRB104 06310 LNS 16345 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1329 Introduced 1/28/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
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5+Amends the Educator Licensure Article of the School Code. With respect to the suspension or revocation of a license, endorsement, or approval, allows disclosure of correspondence, documentation, and other information received by a regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board to the license holder's current or most recent employer. Provides that a Notice of Opportunity for Hearing and Statement of Charges issued by the State Superintendent of Education against a license holder is not confidential and may be disclosed to third parties.
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311 1 AN ACT concerning education.
412 2 Be it enacted by the People of the State of Illinois,
513 3 represented in the General Assembly:
614 4 Section 5. The School Code is amended by changing Section
715 5 21B-75 as follows:
816 6 (105 ILCS 5/21B-75)
917 7 Sec. 21B-75. Suspension or revocation of license,
1018 8 endorsement, or approval.
1119 9 (a) As used in this Section, "teacher" means any school
1220 10 district employee regularly required to be licensed, as
1321 11 provided in this Article, in order to teach or supervise in the
1422 12 public schools.
1523 13 (b) The State Superintendent of Education has the
1624 14 exclusive authority, in accordance with this Section and any
1725 15 rules adopted by the State Board of Education, in consultation
1826 16 with the State Educator Preparation and Licensure Board, to
1927 17 initiate the suspension of up to 5 calendar years or
2028 18 revocation of any license, endorsement, or approval issued
2129 19 pursuant to this Article for abuse or neglect of a child,
2230 20 sexual misconduct as defined in subsection (c) of Section
2331 21 22-85.5 of this Code, immorality, a condition of health
2432 22 detrimental to the welfare of pupils, incompetency,
2533 23 unprofessional conduct (which includes the failure to disclose
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37+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1329 Introduced 1/28/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
38+105 ILCS 5/21B-75 105 ILCS 5/21B-75
39+105 ILCS 5/21B-75
40+Amends the Educator Licensure Article of the School Code. With respect to the suspension or revocation of a license, endorsement, or approval, allows disclosure of correspondence, documentation, and other information received by a regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board to the license holder's current or most recent employer. Provides that a Notice of Opportunity for Hearing and Statement of Charges issued by the State Superintendent of Education against a license holder is not confidential and may be disclosed to third parties.
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3468 1 on an employment application any previous conviction for a sex
3569 2 offense, as defined in Section 21B-80 of this Code, or any
3670 3 other offense committed in any other state or against the laws
3771 4 of the United States that, if committed in this State, would be
3872 5 punishable as a sex offense, as defined in Section 21B-80 of
3973 6 this Code), the neglect of any professional duty, willful or
4074 7 negligent failure to report an instance of suspected child
4175 8 abuse or neglect as required by the Abused and Neglected Child
4276 9 Reporting Act, or other just cause. Negligent failure to
4377 10 report an instance of suspected child abuse or neglect occurs
4478 11 when a teacher personally observes an instance of suspected
4579 12 child abuse or neglect and reasonably believes, in his or her
4680 13 professional or official capacity, that the instance
4781 14 constitutes an act of child abuse or neglect under the Abused
4882 15 and Neglected Child Reporting Act, and he or she, without
4983 16 willful intent, fails to immediately report or cause a report
5084 17 to be made of the suspected abuse or neglect to the Department
5185 18 of Children and Family Services, as required by the Abused and
5286 19 Neglected Child Reporting Act. Unprofessional conduct shall
5387 20 include the refusal to attend or participate in institutes,
5488 21 teachers' meetings, or professional readings or to meet other
5589 22 reasonable requirements of the regional superintendent of
5690 23 schools or State Superintendent of Education. Unprofessional
5791 24 conduct also includes conduct that violates the standards,
5892 25 ethics, or rules applicable to the security, administration,
5993 26 monitoring, or scoring of or the reporting of scores from any
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70104 1 assessment test or examination administered under Section
71105 2 2-3.64a-5 of this Code or that is known or intended to produce
72106 3 or report manipulated or artificial, rather than actual,
73107 4 assessment or achievement results or gains from the
74108 5 administration of those tests or examinations. Unprofessional
75109 6 conduct shall also include neglect or unnecessary delay in the
76110 7 making of statistical and other reports required by school
77111 8 officers. Incompetency shall include, without limitation, 2 or
78112 9 more school terms of service for which the license holder has
79113 10 received an unsatisfactory rating on a performance evaluation
80114 11 conducted pursuant to Article 24A of this Code within a period
81115 12 of 7 school terms of service. In determining whether to
82116 13 initiate action against one or more licenses based on
83117 14 incompetency and the recommended sanction for such action, the
84118 15 State Superintendent shall consider factors that include
85119 16 without limitation all of the following:
86120 17 (1) Whether the unsatisfactory evaluation ratings
87121 18 occurred prior to June 13, 2011 (the effective date of
88122 19 Public Act 97-8).
89123 20 (2) Whether the unsatisfactory evaluation ratings
90124 21 occurred prior to or after the implementation date, as
91125 22 defined in Section 24A-2.5 of this Code, of an evaluation
92126 23 system for teachers in a school district.
93127 24 (3) Whether the evaluator or evaluators who performed
94128 25 an unsatisfactory evaluation met the pre-licensure and
95129 26 training requirements set forth in Section 24A-3 of this
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106140 1 Code.
107141 2 (4) The time between the unsatisfactory evaluation
108142 3 ratings.
109143 4 (5) The quality of the remediation plans associated
110144 5 with the unsatisfactory evaluation ratings and whether the
111145 6 license holder successfully completed the remediation
112146 7 plans.
113147 8 (6) Whether the unsatisfactory evaluation ratings were
114148 9 related to the same or different assignments performed by
115149 10 the license holder.
116150 11 (7) Whether one or more of the unsatisfactory
117151 12 evaluation ratings occurred in the first year of a
118152 13 teaching or administrative assignment.
119153 14 When initiating an action against one or more licenses, the
120154 15 State Superintendent may seek required professional
121155 16 development as a sanction in lieu of or in addition to
122156 17 suspension or revocation. Any such required professional
123157 18 development must be at the expense of the license holder, who
124158 19 may use, if available and applicable to the requirements
125159 20 established by administrative or court order, training,
126160 21 coursework, or other professional development funds in
127161 22 accordance with the terms of an applicable collective
128162 23 bargaining agreement entered into after June 13, 2011 (the
129163 24 effective date of Public Act 97-8), unless that agreement
130164 25 specifically precludes use of funds for such purpose.
131165 26 (c) The State Superintendent of Education shall, upon
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142176 1 receipt of evidence of abuse or neglect of a child,
143177 2 immorality, a condition of health detrimental to the welfare
144178 3 of pupils, incompetency (subject to subsection (b) of this
145179 4 Section), unprofessional conduct, the neglect of any
146180 5 professional duty, or other just cause, further investigate
147181 6 and, if and as appropriate, serve written notice to the
148182 7 individual and afford the individual opportunity for a hearing
149183 8 prior to suspension, revocation, or other sanction; provided
150184 9 that the State Superintendent is under no obligation to
151185 10 initiate such an investigation if the Department of Children
152186 11 and Family Services is investigating the same or substantially
153187 12 similar allegations and its child protective service unit has
154188 13 not made its determination, as required under Section 7.12 of
155189 14 the Abused and Neglected Child Reporting Act. If the State
156190 15 Superintendent of Education does not receive from an
157191 16 individual a request for a hearing within 10 days after the
158192 17 individual receives notice, the suspension, revocation, or
159193 18 other sanction shall immediately take effect in accordance
160194 19 with the notice. If a hearing is requested within 10 days after
161195 20 notice of an opportunity for hearing, it shall act as a stay of
162196 21 proceedings until the State Educator Preparation and Licensure
163197 22 Board issues a decision. Any hearing shall take place in the
164198 23 educational service region where the educator is or was last
165199 24 employed and in accordance with rules adopted by the State
166200 25 Board of Education, in consultation with the State Educator
167201 26 Preparation and Licensure Board, and such rules shall include
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178212 1 without limitation provisions for discovery and the sharing of
179213 2 information between parties prior to the hearing. The standard
180214 3 of proof for any administrative hearing held pursuant to this
181215 4 Section shall be by the preponderance of the evidence. The
182216 5 decision of the State Educator Preparation and Licensure Board
183217 6 is a final administrative decision and is subject to judicial
184218 7 review by appeal of either party.
185219 8 The State Board of Education may refuse to issue or may
186220 9 suspend the license of any person who fails to file a return or
187221 10 to pay the tax, penalty, or interest shown in a filed return or
188222 11 to pay any final assessment of tax, penalty, or interest, as
189223 12 required by any tax Act administered by the Department of
190224 13 Revenue, until such time as the requirements of any such tax
191225 14 Act are satisfied.
192226 15 The exclusive authority of the State Superintendent of
193227 16 Education to initiate suspension or revocation of a license
194228 17 pursuant to this Section does not preclude a regional
195229 18 superintendent of schools from cooperating with the State
196230 19 Superintendent or a State's Attorney with respect to an
197231 20 investigation of alleged misconduct.
198232 21 (d) The State Superintendent of Education or his or her
199233 22 designee may initiate and conduct such investigations as may
200234 23 be reasonably necessary to establish the existence of any
201235 24 alleged misconduct. At any stage of the investigation, the
202236 25 State Superintendent may issue a subpoena requiring the
203237 26 attendance and testimony of a witness, including the license
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214248 1 holder, and the production of any evidence, including files,
215249 2 records, correspondence, or documents, relating to any matter
216250 3 in question in the investigation. The subpoena shall require a
217251 4 witness to appear at the State Board of Education at a
218252 5 specified date and time and shall specify any evidence to be
219253 6 produced. The license holder is not entitled to be present,
220254 7 but the State Superintendent shall provide the license holder
221255 8 with a copy of any recorded testimony prior to a hearing under
222256 9 this Section. Such recorded testimony must not be used as
223257 10 evidence at a hearing, unless the license holder has adequate
224258 11 notice of the testimony and the opportunity to cross-examine
225259 12 the witness. Failure of a license holder to comply with a duly
226260 13 issued, investigatory subpoena may be grounds for revocation,
227261 14 suspension, or denial of a license.
228262 15 (e) All correspondence, documentation, and other
229263 16 information so received by the regional superintendent of
230264 17 schools, the State Superintendent of Education, the State
231265 18 Board of Education, or the State Educator Preparation and
232266 19 Licensure Board under this Section is confidential and must
233267 20 not be disclosed to third parties, except (i) as necessary for
234268 21 the State Superintendent of Education or his or her designee
235269 22 to investigate and prosecute pursuant to this Article, (ii)
236270 23 pursuant to a court order, (iii) for disclosure to the license
237-24 holder or his or her representative, or (iv) as otherwise
238-25 required in this Article and provided that any such
239-26 information admitted into evidence in a hearing is exempt from
271+24 holder or his or her representative, (iv) for disclosure to
272+25 the license holder's current or most recent employer, or (v)
273+26 (iv) as otherwise required in this Article and provided that
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250-1 this confidentiality and non-disclosure requirement.
251-2 (e-5) The State Superintendent of Education or his or her
252-3 designee may notify a license holder's current or most recent
253-4 employer, if the employer is a public school or school
254-5 district, charter school, special education cooperative,
255-6 nonpublic school, nonpublic special education facility, or
256-7 public school residential facility, that the license holder is
257-8 being investigated for an alleged act of misconduct that
258-9 constitutes a threat to the safety of students, including
259-10 serious physical injury, sexual misconduct as defined in
260-11 subsection (c) of Section 22-85.5 of this Code, or a sex or
261-12 other offense as defined in Section 21B-80 of this Code.
262-13 (f) The State Superintendent of Education or a person
263-14 designated by him or her shall have the power to administer
264-15 oaths to witnesses at any hearing conducted before the State
265-16 Educator Preparation and Licensure Board pursuant to this
266-17 Section. The State Superintendent of Education or a person
267-18 designated by him or her is authorized to subpoena and bring
268-19 before the State Educator Preparation and Licensure Board any
269-20 person in this State and to take testimony either orally or by
270-21 deposition or by exhibit, with the same fees and mileage and in
271-22 the same manner as prescribed by law in judicial proceedings
272-23 in civil cases in circuit courts of this State.
273-24 (g) Any circuit court, upon the application of the State
274-25 Superintendent of Education or the license holder, may, by
275-26 order duly entered, require the attendance of witnesses and
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284+1 any such information admitted into evidence in a hearing is
285+2 exempt from this confidentiality and non-disclosure
286+3 requirement. A Notice of Opportunity for Hearing and Statement
287+4 of Charges issued by the State Superintendent of Education
288+5 against a license holder is not confidential and may be
289+6 disclosed to third parties.
290+7 (f) The State Superintendent of Education or a person
291+8 designated by him or her shall have the power to administer
292+9 oaths to witnesses at any hearing conducted before the State
293+10 Educator Preparation and Licensure Board pursuant to this
294+11 Section. The State Superintendent of Education or a person
295+12 designated by him or her is authorized to subpoena and bring
296+13 before the State Educator Preparation and Licensure Board any
297+14 person in this State and to take testimony either orally or by
298+15 deposition or by exhibit, with the same fees and mileage and in
299+16 the same manner as prescribed by law in judicial proceedings
300+17 in civil cases in circuit courts of this State.
301+18 (g) Any circuit court, upon the application of the State
302+19 Superintendent of Education or the license holder, may, by
303+20 order duly entered, require the attendance of witnesses and
304+21 the production of relevant books and papers as part of any
305+22 investigation or at any hearing the State Educator Preparation
306+23 and Licensure Board is authorized to conduct pursuant to this
307+24 Section, and the court may compel obedience to its orders by
308+25 proceedings for contempt.
309+26 (h) The State Board of Education shall receive an annual
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286-1 the production of relevant books and papers as part of any
287-2 investigation or at any hearing the State Educator Preparation
288-3 and Licensure Board is authorized to conduct pursuant to this
289-4 Section, and the court may compel obedience to its orders by
290-5 proceedings for contempt.
291-6 (h) The State Board of Education shall receive an annual
292-7 line item appropriation to cover fees associated with the
293-8 investigation and prosecution of alleged educator misconduct
294-9 and hearings related thereto.
295-10 (Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22;
296-11 102-702, eff. 7-1-23.)
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