Bill Text: IL SB0142 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Freedom of Information Act to provide that in the case of sexual assault or sexual abuse by a school district employee or volunteer, nothing in the Act prohibits a school district from disclosing the disciplinary records of that person. Amends the School Code to require a school board to report all credible cases of sexual assault or sexual abuse by a licensed educator to the State Board of Education, to establish a hearing procedure for student victims, and to ensure that a licensed educator under investigation by the State Superintendent of Education is reassigned to non-classroom duty. Provides that, beginning with the 2019-2020 school year, the State Board of Education must monitor all fingerprint-based criminal history records checks and any other database checks conducted by a school district or regional superintendent for applicants for employment with a school district. Makes changes concerning educator licensure and allegations of physical or sexual abuse. Amends the Criminal Code of 2012 to create the criminal offense of sexual conduct or sexual relations with a student by an authority figure. Amends the Code of Criminal Procedure of 1963 to require an arresting enforcement agency to share its reports pertaining to the arrest of a licensed educator with the superintendent of any school district that employs the educator (or, in the case of the arrest of a superintendent, with the school board of any school district that employs the superintendent). Amends the Personnel Record Review Act to provide that the Act does not prohibit a school district from divulging internal investigative findings and discipline to another school district. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 31-5)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0142 Detail]

Download: Illinois-2019-SB0142-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0142

Introduced 1/29/2019, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:
See Index

Amends the Freedom of Information Act to provide that in the case of sexual assault or sexual abuse by a school district employee or volunteer, nothing in the Act prohibits a school district from disclosing the disciplinary records of that person. Amends the School Code to require a school board to report all credible cases of sexual assault or sexual abuse by a licensed educator to the State Board of Education, to establish a hearing procedure for student victims, and to ensure that a licensed educator under investigation by the State Superintendent of Education is reassigned to non-classroom duty. Provides that, beginning with the 2019-2020 school year, the State Board of Education must monitor all fingerprint-based criminal history records checks and any other database checks conducted by a school district or regional superintendent for applicants for employment with a school district. Makes changes concerning educator licensure and allegations of physical or sexual abuse. Amends the Criminal Code of 2012 to create the criminal offense of sexual conduct or sexual relations with a student by an authority figure. Amends the Code of Criminal Procedure of 1963 to require an arresting enforcement agency to share its reports pertaining to the arrest of a licensed educator with the superintendent of any school district that employs the educator (or, in the case of the arrest of a superintendent, with the school board of any school district that employs the superintendent). Amends the Personnel Record Review Act to provide that the Act does not prohibit a school district from divulging internal investigative findings and discipline to another school district. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

SB0142LRB101 06968 AXK 52001 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5adding Section 7.7 as follows:
6 (5 ILCS 140/7.7 new)
7 Sec. 7.7. Disciplinary records of school district
8personnel. In the case of sexual assault or sexual abuse by a
9school district employee or volunteer, nothing in this Act
10prohibits a school district from disclosing the disciplinary
11records of the school district employee or volunteer.
12 Section 10. The School Code is amended by changing Sections
1310-21.9, 21B-15, 21B-75, 21B-80, 34-18.5, and 34-84b and by
14adding Sections 10-30 and 34-18.61 as follows:
15 (105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
16 Sec. 10-21.9. Criminal history records checks and checks of
17the Statewide Sex Offender Database and Statewide Murderer and
18Violent Offender Against Youth Database.
19 (a) Certified and noncertified applicants for employment
20with a school district, except school bus driver applicants,
21are required as a condition of employment to authorize a

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1fingerprint-based criminal history records check to determine
2if such applicants have been convicted of any of the enumerated
3criminal or drug offenses in subsection (c) of this Section or
4have been convicted, within 7 years of the application for
5employment with the school district, of any other felony under
6the laws of this State or of any offense committed or attempted
7in any other state or against the laws of the United States
8that, if committed or attempted in this State, would have been
9punishable as a felony under the laws of this State.
10Authorization for the check shall be furnished by the applicant
11to the school district, except that if the applicant is a
12substitute teacher seeking employment in more than one school
13district, a teacher seeking concurrent part-time employment
14positions with more than one school district (as a reading
15specialist, special education teacher or otherwise), or an
16educational support personnel employee seeking employment
17positions with more than one district, any such district may
18require the applicant to furnish authorization for the check to
19the regional superintendent of the educational service region
20in which are located the school districts in which the
21applicant is seeking employment as a substitute or concurrent
22part-time teacher or concurrent educational support personnel
23employee. Upon receipt of this authorization, the school
24district or the appropriate regional superintendent, as the
25case may be, shall submit the applicant's name, sex, race, date
26of birth, social security number, fingerprint images, and other

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1identifiers, as prescribed by the Department of State Police,
2to the Department. The regional superintendent submitting the
3requisite information to the Department of State Police shall
4promptly notify the school districts in which the applicant is
5seeking employment as a substitute or concurrent part-time
6teacher or concurrent educational support personnel employee
7that the check of the applicant has been requested. The
8Department of State Police and the Federal Bureau of
9Investigation shall furnish, pursuant to a fingerprint-based
10criminal history records check, records of convictions,
11forever and hereinafter, until expunged, to the president of
12the school board for the school district that requested the
13check, or to the regional superintendent who requested the
14check. The Department shall charge the school district or the
15appropriate regional superintendent a fee for conducting such
16check, which fee shall be deposited in the State Police
17Services Fund and shall not exceed the cost of the inquiry; and
18the applicant shall not be charged a fee for such check by the
19school district or by the regional superintendent, except that
20those applicants seeking employment as a substitute teacher
21with a school district may be charged a fee not to exceed the
22cost of the inquiry. Subject to appropriations for these
23purposes, the State Superintendent of Education shall
24reimburse school districts and regional superintendents for
25fees paid to obtain criminal history records checks under this
26Section.

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1 (a-5) The school district or regional superintendent shall
2further perform a check of the Statewide Sex Offender Database,
3as authorized by the Sex Offender Community Notification Law,
4for each applicant.
5 (a-6) The school district or regional superintendent shall
6further perform a check of the Statewide Murderer and Violent
7Offender Against Youth Database, as authorized by the Murderer
8and Violent Offender Against Youth Community Notification Law,
9for each applicant.
10 (b) Any information concerning the record of convictions
11obtained by the president of the school board or the regional
12superintendent shall be confidential and may only be
13transmitted to the superintendent of the school district or his
14designee, the appropriate regional superintendent if the check
15was requested by the school district, the presidents of the
16appropriate school boards if the check was requested from the
17Department of State Police by the regional superintendent, the
18State Superintendent of Education, the State Teacher
19Certification Board, any other person necessary to the decision
20of hiring the applicant for employment, or for clarification
21purposes the Department of State Police or Statewide Sex
22Offender Database, or both. A copy of the record of convictions
23obtained from the Department of State Police shall be provided
24to the applicant for employment. Upon the check of the
25Statewide Sex Offender Database, the school district or
26regional superintendent shall notify an applicant as to whether

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1or not the applicant has been identified in the Database as a
2sex offender. If a check of an applicant for employment as a
3substitute or concurrent part-time teacher or concurrent
4educational support personnel employee in more than one school
5district was requested by the regional superintendent, and the
6Department of State Police upon a check ascertains that the
7applicant has not been convicted of any of the enumerated
8criminal or drug offenses in subsection (c) of this Section or
9has not been convicted, within 7 years of the application for
10employment with the school district, of any other felony under
11the laws of this State or of any offense committed or attempted
12in any other state or against the laws of the United States
13that, if committed or attempted in this State, would have been
14punishable as a felony under the laws of this State and so
15notifies the regional superintendent and if the regional
16superintendent upon a check ascertains that the applicant has
17not been identified in the Sex Offender Database as a sex
18offender, then the regional superintendent shall issue to the
19applicant a certificate evidencing that as of the date
20specified by the Department of State Police the applicant has
21not been convicted of any of the enumerated criminal or drug
22offenses in subsection (c) of this Section or has not been
23convicted, within 7 years of the application for employment
24with the school district, of any other felony under the laws of
25this State or of any offense committed or attempted in any
26other state or against the laws of the United States that, if

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1committed or attempted in this State, would have been
2punishable as a felony under the laws of this State and
3evidencing that as of the date that the regional superintendent
4conducted a check of the Statewide Sex Offender Database, the
5applicant has not been identified in the Database as a sex
6offender. The school board of any school district may rely on
7the certificate issued by any regional superintendent to that
8substitute teacher, concurrent part-time teacher, or
9concurrent educational support personnel employee or may
10initiate its own criminal history records check of the
11applicant through the Department of State Police and its own
12check of the Statewide Sex Offender Database as provided in
13subsection (a). Any unauthorized release of confidential
14information may be a violation of Section 7 of the Criminal
15Identification Act.
16 (c) No school board shall knowingly employ a person who has
17been convicted of any offense that would subject him or her to
18license suspension or revocation pursuant to Section 21B-80 of
19this Code. Further, no school board shall knowingly employ a
20person who has been found to be the perpetrator of sexual or
21physical abuse of any minor under 18 years of age pursuant to
22proceedings under Article II of the Juvenile Court Act of 1987.
23 (d) No school board shall knowingly employ a person for
24whom a criminal history records check and a Statewide Sex
25Offender Database check has not been initiated.
26 (e) Upon receipt of the record of a conviction of or a

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1finding of child abuse by a holder of any certificate issued
2pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
3Code, the State Superintendent of Education may initiate
4certificate suspension and revocation proceedings as
5authorized by law.
6 (e-5) The superintendent of the employing school board
7shall, in writing, notify the State Superintendent of Education
8and the applicable regional superintendent of schools of any
9certificate holder whom he or she has reasonable cause to
10believe has committed an intentional act of abuse or neglect
11with the result of making a child an abused child or a
12neglected child, as defined in Section 3 of the Abused and
13Neglected Child Reporting Act, and that act resulted in the
14certificate holder's dismissal or resignation from the school
15district. This notification must be submitted within 30 days
16after the dismissal or resignation. The certificate holder must
17also be contemporaneously sent a copy of the notice by the
18superintendent. All correspondence, documentation, and other
19information so received by the regional superintendent of
20schools, the State Superintendent of Education, the State Board
21of Education, or the State Teacher Certification Board under
22this subsection (e-5) is confidential and must not be disclosed
23to third parties, except (i) as necessary for the State
24Superintendent of Education or his or her designee to
25investigate and prosecute pursuant to Article 21 of this Code,
26(ii) pursuant to a court order, (iii) for disclosure to the

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1certificate holder or his or her representative, or (iv) as
2otherwise provided in this Article and provided that any such
3information admitted into evidence in a hearing is exempt from
4this confidentiality and non-disclosure requirement. Except
5for an act of willful or wanton misconduct, any superintendent
6who provides notification as required in this subsection (e-5)
7shall have immunity from any liability, whether civil or
8criminal or that otherwise might result by reason of such
9action.
10 (f) After January 1, 1990 the provisions of this Section
11shall apply to all employees of persons or firms holding
12contracts with any school district including, but not limited
13to, food service workers, school bus drivers and other
14transportation employees, who have direct, daily contact with
15the pupils of any school in such district. For purposes of
16criminal history records checks and checks of the Statewide Sex
17Offender Database on employees of persons or firms holding
18contracts with more than one school district and assigned to
19more than one school district, the regional superintendent of
20the educational service region in which the contracting school
21districts are located may, at the request of any such school
22district, be responsible for receiving the authorization for a
23criminal history records check prepared by each such employee
24and submitting the same to the Department of State Police and
25for conducting a check of the Statewide Sex Offender Database
26for each employee. Any information concerning the record of

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1conviction and identification as a sex offender of any such
2employee obtained by the regional superintendent shall be
3promptly reported to the president of the appropriate school
4board or school boards.
5 (f-5) Upon request of a school or school district, any
6information obtained by a school district pursuant to
7subsection (f) of this Section within the last year must be
8made available to the requesting school or school district.
9 (g) Prior to the commencement of any student teaching
10experience or required internship (which is referred to as
11student teaching in this Section) in the public schools, a
12student teacher is required to authorize a fingerprint-based
13criminal history records check. Authorization for and payment
14of the costs of the check must be furnished by the student
15teacher to the school district where the student teaching is to
16be completed. Upon receipt of this authorization and payment,
17the school district shall submit the student teacher's name,
18sex, race, date of birth, social security number, fingerprint
19images, and other identifiers, as prescribed by the Department
20of State Police, to the Department of State Police. The
21Department of State Police and the Federal Bureau of
22Investigation shall furnish, pursuant to a fingerprint-based
23criminal history records check, records of convictions,
24forever and hereinafter, until expunged, to the president of
25the school board for the school district that requested the
26check. The Department shall charge the school district a fee

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1for conducting the check, which fee must not exceed the cost of
2the inquiry and must be deposited into the State Police
3Services Fund. The school district shall further perform a
4check of the Statewide Sex Offender Database, as authorized by
5the Sex Offender Community Notification Law, and of the
6Statewide Murderer and Violent Offender Against Youth
7Database, as authorized by the Murderer and Violent Offender
8Against Youth Registration Act, for each student teacher. No
9school board may knowingly allow a person to student teach for
10whom a criminal history records check, a Statewide Sex Offender
11Database check, and a Statewide Murderer and Violent Offender
12Against Youth Database check have not been completed and
13reviewed by the district.
14 A copy of the record of convictions obtained from the
15Department of State Police must be provided to the student
16teacher. Any information concerning the record of convictions
17obtained by the president of the school board is confidential
18and may only be transmitted to the superintendent of the school
19district or his or her designee, the State Superintendent of
20Education, the State Educator Preparation and Licensure Board,
21or, for clarification purposes, the Department of State Police
22or the Statewide Sex Offender Database or Statewide Murderer
23and Violent Offender Against Youth Database. Any unauthorized
24release of confidential information may be a violation of
25Section 7 of the Criminal Identification Act.
26 No school board may knowingly allow a person to student

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1teach who has been convicted of any offense that would subject
2him or her to license suspension or revocation pursuant to
3Section 21B-80 of this Code or who has been found to be the
4perpetrator of sexual or physical abuse of a minor under 18
5years of age pursuant to proceedings under Article II of the
6Juvenile Court Act of 1987.
7 (h) (Blank).
8 (i) Beginning with the 2019-2020 school year, the State
9Board of Education must monitor all fingerprint-based criminal
10history records checks and any other database checks conducted
11under this Section.
12(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
13 (105 ILCS 5/10-30 new)
14 Sec. 10-30. Sexual assault or sexual abuse by a licensed
15educator.
16 (a) A school board must report all credible cases of sexual
17assault or sexual abuse by a licensed educator to the State
18Board of Education.
19 (b) A school board must establish a hearing procedure for
20student victims of alleged sexual assault or sexual abuse by a
21licensed educator that allows a student victim to testify. In
22such cases, an attorney retained by the school district may not
23interview the student without:
24 (1) the consent of the student or the student's parent
25 or legal guardian if the student is a minor; and

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1 (2) the student's parent or legal guardian, the
2 student's legal representative, or both in the room.
3 As part of the hearing procedure, an attorney retained by
4the school district may not interview the student 2 or more
5times without good cause being shown and recorded. If 2 or more
6interviews take place, the attorney retained by the school
7district who has control over the investigation must maintain a
8record, which shall be part of the legal record of the
9investigation, to show why 2 or more interviews took place. The
10student, student's legal representative, or student's family
11shall have continuous access to the record.
12 (c) A school board shall ensure that a licensed educator
13under investigation by the State Superintendent of Education or
14his or her designee for alleged sexual assault or sexual abuse
15is reassigned to non-classroom duty.
16 (105 ILCS 5/21B-15)
17 Sec. 21B-15. Qualifications of educators.
18 (a) No one may be licensed to teach or supervise or be
19otherwise employed in the public schools of this State who is
20not of good character and at least 19 years of age.
21 In determining good character under this Section, the State
22Superintendent of Education shall take into consideration the
23disciplinary actions of other states or national entities
24against certificates or licenses issued by those states and
25held by individuals from those states. In addition, any felony

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1conviction of the applicant may be taken into consideration;
2however, no one may be licensed to teach or supervise in the
3public schools of this State who has been convicted of (i) an
4offense set forth in subsection (b) of Section 21B-80 of this
5Code until 7 years following the end of the sentence for the
6criminal offense or (ii) an offense set forth in subsection (c)
7of Section 21B-80 of this Code. Unless the conviction is for an
8offense set forth in Section 21B-80 of this Code, an applicant
9must be permitted to submit character references or other
10written material before such a conviction or other information
11regarding the applicant's character may be used by the State
12Superintendent of Education as a basis for denying the
13application.
14 In addition, no one may be licensed to teach or supervise
15in the public schools of this State who has been dismissed by a
16school district for physical or sexual assault or abuse of a
17co-worker or a pupil.
18 (b) No person otherwise qualified shall be denied the right
19to be licensed or to receive training for the purpose of
20becoming an educator because of a physical disability,
21including, but not limited to, visual and hearing disabilities;
22nor shall any school district refuse to employ a teacher on
23such grounds, provided that the person is able to carry out the
24duties of the position for which he or she applies.
25 (c) No person may be granted or continue to hold an
26educator license who has knowingly altered or misrepresented

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1his or her qualifications, in this State or any other state, in
2order to acquire or renew the license. Any other license issued
3under this Article held by the person may be suspended or
4revoked by the State Educator Preparation and Licensure Board,
5depending upon the severity of the alteration or
6misrepresentation.
7 (d) No one may teach or supervise in the public schools nor
8receive for teaching or supervising any part of any public
9school fund who does not hold an educator license granted by
10the State Superintendent of Education as provided in this
11Article. However, the provisions of this Article do not apply
12to a member of the armed forces who is employed as a teacher of
13subjects in the Reserve Officers' Training Corps of any school,
14nor to an individual teaching a dual credit course as provided
15for in the Dual Credit Quality Act.
16 (e) Notwithstanding any other provision of this Code, the
17school board of a school district may grant to a teacher of the
18district a leave of absence with full pay for a period of not
19more than one year to permit the teacher to teach in a foreign
20state under the provisions of the Exchange Teacher Program
21established under Public Law 584, 79th Congress, and Public Law
22402, 80th Congress, as amended. The school board granting the
23leave of absence may employ, with or without pay, a national of
24the foreign state wherein the teacher on the leave of absence
25is to teach if the national is qualified to teach in that
26foreign state and if that national is to teach in a grade level

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1similar to the one that was taught in the foreign state. The
2State Board of Education, in consultation with the State
3Educator Preparation and Licensure Board, may adopt rules as
4may be necessary to implement this subsection (e).
5 (f) No person shall be denied a license issued under this
6Article solely based on his or her citizenship status or
7immigration status. The General Assembly finds and declares
8that this subsection (f) is a State law within the meaning of
9subsection (d) of Section 1621 of Title 8 of the United States
10Code. Nothing in this subsection shall affect the requirements
11to obtain a license that are not directly related to
12citizenship status or immigration status. Nothing in this
13subsection shall be construed to grant eligibility for
14obtaining any public benefit other than a license issued under
15this Article.
16(Source: P.A. 99-667, eff. 7-29-16; 100-13, eff. 7-1-17;
17100-1078, eff. 1-1-19.)
18 (105 ILCS 5/21B-75)
19 Sec. 21B-75. Suspension or revocation of license.
20 (a) As used in this Section, "teacher" means any school
21district employee regularly required to be licensed, as
22provided in this Article, in order to teach or supervise in the
23public schools.
24 (b) The State Superintendent of Education has the exclusive
25authority, in accordance with this Section and any rules

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1adopted by the State Board of Education, in consultation with
2the State Educator Preparation and Licensure Board, to initiate
3the suspension of up to 5 calendar years or revocation of any
4license issued pursuant to this Article for abuse or neglect of
5a child, immorality, a condition of health detrimental to the
6welfare of pupils, incompetency, unprofessional conduct (which
7includes the failure to disclose on an employment application
8any previous conviction for a sex offense, as defined in
9Section 21B-80 of this Code, or any other offense committed in
10any other state or against the laws of the United States that,
11if committed in this State, would be punishable as a sex
12offense, as defined in Section 21B-80 of this Code), the
13neglect of any professional duty, willful failure to report an
14instance of suspected child abuse or neglect as required by the
15Abused and Neglected Child Reporting Act, or other just cause.
16Unprofessional conduct shall include the refusal to attend or
17participate in institutes, teachers' meetings, or professional
18readings or to meet other reasonable requirements of the
19regional superintendent of schools or State Superintendent of
20Education. Unprofessional conduct also includes conduct that
21violates the standards, ethics, or rules applicable to the
22security, administration, monitoring, or scoring of or the
23reporting of scores from any assessment test or examination
24administered under Section 2-3.64a-5 of this Code or that is
25known or intended to produce or report manipulated or
26artificial, rather than actual, assessment or achievement

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1results or gains from the administration of those tests or
2examinations. Unprofessional conduct shall also include
3neglect or unnecessary delay in the making of statistical and
4other reports required by school officers. Incompetency shall
5include, without limitation, 2 or more school terms of service
6for which the license holder has received an unsatisfactory
7rating on a performance evaluation conducted pursuant to
8Article 24A of this Code within a period of 7 school terms of
9service. In determining whether to initiate action against one
10or more licenses based on incompetency and the recommended
11sanction for such action, the State Superintendent shall
12consider factors that include without limitation all of the
13following:
14 (1) Whether the unsatisfactory evaluation ratings
15 occurred prior to June 13, 2011 (the effective date of
16 Public Act 97-8).
17 (2) Whether the unsatisfactory evaluation ratings
18 occurred prior to or after the implementation date, as
19 defined in Section 24A-2.5 of this Code, of an evaluation
20 system for teachers in a school district.
21 (3) Whether the evaluator or evaluators who performed
22 an unsatisfactory evaluation met the pre-licensure and
23 training requirements set forth in Section 24A-3 of this
24 Code.
25 (4) The time between the unsatisfactory evaluation
26 ratings.

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1 (5) The quality of the remediation plans associated
2 with the unsatisfactory evaluation ratings and whether the
3 license holder successfully completed the remediation
4 plans.
5 (6) Whether the unsatisfactory evaluation ratings were
6 related to the same or different assignments performed by
7 the license holder.
8 (7) Whether one or more of the unsatisfactory
9 evaluation ratings occurred in the first year of a teaching
10 or administrative assignment.
11When initiating an action against one or more licenses, the
12State Superintendent may seek required professional
13development as a sanction in lieu of or in addition to
14suspension or revocation. Any such required professional
15development must be at the expense of the license holder, who
16may use, if available and applicable to the requirements
17established by administrative or court order, training,
18coursework, or other professional development funds in
19accordance with the terms of an applicable collective
20bargaining agreement entered into after June 13, 2011 (the
21effective date of Public Act 97-8), unless that agreement
22specifically precludes use of funds for such purpose.
23 (c) The State Superintendent of Education shall, upon
24receipt of evidence of abuse or neglect of a child, immorality,
25a condition of health detrimental to the welfare of pupils,
26incompetency (subject to subsection (b) of this Section),

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1unprofessional conduct, the neglect of any professional duty,
2or other just cause, further investigate and, if and as
3appropriate, serve written notice to the individual and afford
4the individual opportunity for a hearing prior to suspension,
5revocation, or other sanction; provided that the State
6Superintendent is under no obligation to initiate such an
7investigation if the Department of Children and Family Services
8is investigating the same or substantially similar allegations
9and its child protective service unit has not made its
10determination, as required under Section 7.12 of the Abused and
11Neglected Child Reporting Act. If the State Superintendent of
12Education does not receive from an individual a request for a
13hearing within 10 days after the individual receives notice,
14the suspension, revocation, or other sanction shall
15immediately take effect in accordance with the notice. If a
16hearing is requested within 10 days after notice of an
17opportunity for hearing, it shall act as a stay of proceedings
18until the State Educator Preparation and Licensure Board issues
19a decision. Any hearing shall take place in the educational
20service region where the educator is or was last employed and
21in accordance with rules adopted by the State Board of
22Education, in consultation with the State Educator Preparation
23and Licensure Board, and such rules shall include without
24limitation provisions for discovery and the sharing of
25information between parties prior to the hearing. The standard
26of proof for any administrative hearing held pursuant to this

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1Section shall be by the preponderance of the evidence. The
2decision of the State Educator Preparation and Licensure Board
3is a final administrative decision and is subject to judicial
4review by appeal of either party.
5 The State Board of Education may refuse to issue or may
6suspend the license of any person who fails to file a return or
7to pay the tax, penalty, or interest shown in a filed return or
8to pay any final assessment of tax, penalty, or interest, as
9required by any tax Act administered by the Department of
10Revenue, until such time as the requirements of any such tax
11Act are satisfied.
12 The exclusive authority of the State Superintendent of
13Education to initiate suspension or revocation of a license
14pursuant to this Section does not preclude a regional
15superintendent of schools from cooperating with the State
16Superintendent or a State's Attorney with respect to an
17investigation of alleged misconduct.
18 (d) The State Superintendent of Education or his or her
19designee may initiate and conduct such investigations as may be
20reasonably necessary to establish the existence of any alleged
21misconduct. At any stage of the investigation, the State
22Superintendent may issue a subpoena requiring the attendance
23and testimony of a witness, including the license holder, and
24the production of any evidence, including files, records,
25correspondence, or documents, relating to any matter in
26question in the investigation. The subpoena shall require a

SB0142- 21 -LRB101 06968 AXK 52001 b
1witness to appear at the State Board of Education at a
2specified date and time and shall specify any evidence to be
3produced. The license holder is not entitled to be present, but
4the State Superintendent shall provide the license holder with
5a copy of any recorded testimony prior to a hearing under this
6Section. Such recorded testimony must not be used as evidence
7at a hearing, unless the license holder has adequate notice of
8the testimony and the opportunity to cross-examine the witness.
9Failure of a license holder to comply with a duly issued,
10investigatory subpoena may be grounds for revocation,
11suspension, or denial of a license.
12 (d-5) If a credible allegation of sexual assault or sexual
13abuse is made against a license holder, the State Educator
14Preparation and Licensure Board must issue a decision within 12
15months after receipt of notice of the alleged misconduct.
16 If investigation by the State Superintendent of Education
17or his or her designee of the alleged misconduct includes an
18interview of an alleged victim, the interview must be conducted
19under the same conditions as provided in subsection (b) of
20Section 10-30. If the alleged victim was previously interviewed
21by an attorney retained by the school district, then the State
22Superintendent of Education or his or her designee must
23maintain a record, which shall be part of the legal record of
24the investigation, to show why the new interview took place.
25The alleged victim, alleged victim's legal representative, or
26alleged victim's family shall have continuous access to the

SB0142- 22 -LRB101 06968 AXK 52001 b
1record.
2 If a school district reports an allegation of sexual
3assault or sexual abuse against a license holder, the State
4Superintendent of Education must publicly report the outcome of
5the resulting hearing and investigation, including cases in
6which the license holder was exonerated. In addition, the State
7Superintendent of Education must make a partial disclosure when
8a license holder has been reassigned to non-classroom duty. The
9partial disclosure is not required to include the exact
10allegations, but must name the educator to verify his or her
11reassignment to non-classroom duty.
12 The State Board of Education must collect and list
13internally data reported to it from school districts regarding
14allegations of sexual assault or sexual abuse. The State Board
15of Education must make its list of reported cases and pending
16cases regarding allegations of sexual assault or sexual abuse
17available to the education agencies of other states that keep
18similar lists. In addition, the State Board of Education may,
19by interstate agreement or interstate compact, develop a
20formalized reciprocal database of educator professionals.
21 (e) All correspondence, documentation, and other
22information so received by the regional superintendent of
23schools, the State Superintendent of Education, the State Board
24of Education, or the State Educator Preparation and Licensure
25Board under this Section is confidential and must not be
26disclosed to third parties, except (i) as necessary for the

SB0142- 23 -LRB101 06968 AXK 52001 b
1State Superintendent of Education or his or her designee to
2investigate and prosecute pursuant to this Article, (ii)
3pursuant to a court order, (iii) for disclosure to the license
4holder or his or her representative, or (iv) as otherwise
5required in this Article and provided that any such information
6admitted into evidence in a hearing is exempt from this
7confidentiality and non-disclosure requirement.
8 (f) The State Superintendent of Education or a person
9designated by him or her shall have the power to administer
10oaths to witnesses at any hearing conducted before the State
11Educator Preparation and Licensure Board pursuant to this
12Section. The State Superintendent of Education or a person
13designated by him or her is authorized to subpoena and bring
14before the State Educator Preparation and Licensure Board any
15person in this State and to take testimony either orally or by
16deposition or by exhibit, with the same fees and mileage and in
17the same manner as prescribed by law in judicial proceedings in
18civil cases in circuit courts of this State.
19 (g) Any circuit court, upon the application of the State
20Superintendent of Education or the license holder, may, by
21order duly entered, require the attendance of witnesses and the
22production of relevant books and papers as part of any
23investigation or at any hearing the State Educator Preparation
24and Licensure Board is authorized to conduct pursuant to this
25Section, and the court may compel obedience to its orders by
26proceedings for contempt.

SB0142- 24 -LRB101 06968 AXK 52001 b
1 (h) The State Board of Education shall receive an annual
2line item appropriation to cover fees associated with the
3investigation and prosecution of alleged educator misconduct
4and hearings related thereto.
5(Source: P.A. 100-872, eff. 8-14-18.)
6 (105 ILCS 5/21B-80)
7 Sec. 21B-80. Conviction of certain offenses as grounds for
8disqualification for licensure or suspension or revocation of a
9license.
10 (a) As used in this Section:
11 "Drug offense" means any one or more of the following
12offenses:
13 (1) Any offense defined in the Cannabis Control Act,
14 except those defined in subdivisions (a), (b), and (c) of
15 Section 4 and subdivisions (a) and (b) of Section 5 of the
16 Cannabis Control Act and any offense for which the holder
17 of a license is placed on probation under the provisions of
18 Section 10 of the Cannabis Control Act, provided that if
19 the terms and conditions of probation required by the court
20 are not fulfilled, the offense is not eligible for this
21 exception.
22 (2) Any offense defined in the Illinois Controlled
23 Substances Act, except any offense for which the holder of
24 a license is placed on probation under the provisions of
25 Section 410 of the Illinois Controlled Substances Act,

SB0142- 25 -LRB101 06968 AXK 52001 b
1 provided that if the terms and conditions of probation
2 required by the court are not fulfilled, the offense is not
3 eligible for this exception.
4 (3) Any offense defined in the Methamphetamine Control
5 and Community Protection Act, except any offense for which
6 the holder of a license is placed on probation under the
7 provision of Section 70 of that Act, provided that if the
8 terms and conditions of probation required by the court are
9 not fulfilled, the offense is not eligible for this
10 exception.
11 (4) Any attempt to commit any of the offenses listed in
12 items (1) through (3) of this definition.
13 (5) Any offense committed or attempted in any other
14 state or against the laws of the United States that, if
15 committed or attempted in this State, would have been
16 punishable as one or more of the offenses listed in items
17 (1) through (4) of this definition.
18The changes made by Public Act 96-431 to this definition are
19declaratory of existing law.
20 "Sentence" includes any period of supervision or probation
21that was imposed either alone or in combination with a period
22of incarceration.
23 "Sex offense" means any one or more of the following
24offenses:
25 (A) Any offense defined in Sections 11-6, 11-9 through
26 11-9.5, inclusive, and 11-30 (if punished as a Class 4

SB0142- 26 -LRB101 06968 AXK 52001 b
1 felony) of the Criminal Code of 1961 or the Criminal Code
2 of 2012; Sections 11-14.1 through 11-21, inclusive, of the
3 Criminal Code of 1961 or the Criminal Code of 2012;
4 Sections 11-23 (if punished as a Class 3 felony), 11-24,
5 11-25, and 11-26 of the Criminal Code of 1961 or the
6 Criminal Code of 2012; and Sections 11-1.20, 11-1.30,
7 11-1.40, 11-1.50, 11-1.60, 11-9.6, 12-4.9, 12-13, 12-14,
8 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
9 punished pursuant to subdivision (4) or (5) of subsection
10 (d) of Section 26-4) of the Criminal Code of 1961 or the
11 Criminal Code of 2012.
12 (B) Any attempt to commit any of the offenses listed in
13 item (A) of this definition.
14 (C) Any offense committed or attempted in any other
15 state that, if committed or attempted in this State, would
16 have been punishable as one or more of the offenses listed
17 in items (A) and (B) of this definition.
18 (b) Whenever the holder of any license issued pursuant to
19this Article or applicant for a license to be issued pursuant
20to this Article has been convicted of any drug offense, other
21than as provided in subsection (c) of this Section, the State
22Superintendent of Education shall forthwith suspend the
23license or deny the application, whichever is applicable, until
247 years following the end of the sentence for the criminal
25offense. If the conviction is reversed and the holder is
26acquitted of the offense in a new trial or the charges against

SB0142- 27 -LRB101 06968 AXK 52001 b
1him or her are dismissed, the State Superintendent of Education
2shall forthwith terminate the suspension of the license.
3 (c) Whenever the holder of a license issued pursuant to
4this Article or applicant for a license to be issued pursuant
5to this Article has been convicted of attempting to commit,
6conspiring to commit, soliciting, or committing any sex
7offense, first degree murder, or a Class X felony or any
8offense committed or attempted in any other state or against
9the laws of the United States that, if committed or attempted
10in this State, would have been punishable as one or more of the
11foregoing offenses, the State Superintendent of Education
12shall forthwith suspend the license or deny the application,
13whichever is applicable. If the conviction is reversed and the
14holder is acquitted of that offense in a new trial or the
15charges that he or she committed that offense are dismissed,
16the State Superintendent of Education shall forthwith
17terminate the suspension of the license. When the conviction
18becomes final, the State Superintendent of Education shall
19forthwith revoke the license.
20(Source: P.A. 99-58, eff. 7-16-15; 99-667, eff. 7-29-16.)
21 (105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
22 Sec. 34-18.5. Criminal history records checks and checks of
23the Statewide Sex Offender Database and Statewide Murderer and
24Violent Offender Against Youth Database.
25 (a) Certified and noncertified applicants for employment

SB0142- 28 -LRB101 06968 AXK 52001 b
1with the school district are required as a condition of
2employment to authorize a fingerprint-based criminal history
3records check to determine if such applicants have been
4convicted of any of the enumerated criminal or drug offenses in
5subsection (c) of this Section or have been convicted, within 7
6years of the application for employment with the school
7district, of any other felony under the laws of this State or
8of any offense committed or attempted in any other state or
9against the laws of the United States that, if committed or
10attempted in this State, would have been punishable as a felony
11under the laws of this State. Authorization for the check shall
12be furnished by the applicant to the school district, except
13that if the applicant is a substitute teacher seeking
14employment in more than one school district, or a teacher
15seeking concurrent part-time employment positions with more
16than one school district (as a reading specialist, special
17education teacher or otherwise), or an educational support
18personnel employee seeking employment positions with more than
19one district, any such district may require the applicant to
20furnish authorization for the check to the regional
21superintendent of the educational service region in which are
22located the school districts in which the applicant is seeking
23employment as a substitute or concurrent part-time teacher or
24concurrent educational support personnel employee. Upon
25receipt of this authorization, the school district or the
26appropriate regional superintendent, as the case may be, shall

SB0142- 29 -LRB101 06968 AXK 52001 b
1submit the applicant's name, sex, race, date of birth, social
2security number, fingerprint images, and other identifiers, as
3prescribed by the Department of State Police, to the
4Department. The regional superintendent submitting the
5requisite information to the Department of State Police shall
6promptly notify the school districts in which the applicant is
7seeking employment as a substitute or concurrent part-time
8teacher or concurrent educational support personnel employee
9that the check of the applicant has been requested. The
10Department of State Police and the Federal Bureau of
11Investigation shall furnish, pursuant to a fingerprint-based
12criminal history records check, records of convictions,
13forever and hereinafter, until expunged, to the president of
14the school board for the school district that requested the
15check, or to the regional superintendent who requested the
16check. The Department shall charge the school district or the
17appropriate regional superintendent a fee for conducting such
18check, which fee shall be deposited in the State Police
19Services Fund and shall not exceed the cost of the inquiry; and
20the applicant shall not be charged a fee for such check by the
21school district or by the regional superintendent. Subject to
22appropriations for these purposes, the State Superintendent of
23Education shall reimburse the school district and regional
24superintendent for fees paid to obtain criminal history records
25checks under this Section.
26 (a-5) The school district or regional superintendent shall

SB0142- 30 -LRB101 06968 AXK 52001 b
1further perform a check of the Statewide Sex Offender Database,
2as authorized by the Sex Offender Community Notification Law,
3for each applicant.
4 (a-6) The school district or regional superintendent shall
5further perform a check of the Statewide Murderer and Violent
6Offender Against Youth Database, as authorized by the Murderer
7and Violent Offender Against Youth Community Notification Law,
8for each applicant.
9 (b) Any information concerning the record of convictions
10obtained by the president of the board of education or the
11regional superintendent shall be confidential and may only be
12transmitted to the general superintendent of the school
13district or his designee, the appropriate regional
14superintendent if the check was requested by the board of
15education for the school district, the presidents of the
16appropriate board of education or school boards if the check
17was requested from the Department of State Police by the
18regional superintendent, the State Superintendent of
19Education, the State Teacher Certification Board or any other
20person necessary to the decision of hiring the applicant for
21employment. A copy of the record of convictions obtained from
22the Department of State Police shall be provided to the
23applicant for employment. Upon the check of the Statewide Sex
24Offender Database, the school district or regional
25superintendent shall notify an applicant as to whether or not
26the applicant has been identified in the Database as a sex

SB0142- 31 -LRB101 06968 AXK 52001 b
1offender. If a check of an applicant for employment as a
2substitute or concurrent part-time teacher or concurrent
3educational support personnel employee in more than one school
4district was requested by the regional superintendent, and the
5Department of State Police upon a check ascertains that the
6applicant has not been convicted of any of the enumerated
7criminal or drug offenses in subsection (c) of this Section or
8has not been convicted, within 7 years of the application for
9employment with the school district, of any other felony under
10the laws of this State or of any offense committed or attempted
11in any other state or against the laws of the United States
12that, if committed or attempted in this State, would have been
13punishable as a felony under the laws of this State and so
14notifies the regional superintendent and if the regional
15superintendent upon a check ascertains that the applicant has
16not been identified in the Sex Offender Database as a sex
17offender, then the regional superintendent shall issue to the
18applicant a certificate evidencing that as of the date
19specified by the Department of State Police the applicant has
20not been convicted of any of the enumerated criminal or drug
21offenses in subsection (c) of this Section or has not been
22convicted, within 7 years of the application for employment
23with the school district, of any other felony under the laws of
24this State or of any offense committed or attempted in any
25other state or against the laws of the United States that, if
26committed or attempted in this State, would have been

SB0142- 32 -LRB101 06968 AXK 52001 b
1punishable as a felony under the laws of this State and
2evidencing that as of the date that the regional superintendent
3conducted a check of the Statewide Sex Offender Database, the
4applicant has not been identified in the Database as a sex
5offender. The school board of any school district may rely on
6the certificate issued by any regional superintendent to that
7substitute teacher, concurrent part-time teacher, or
8concurrent educational support personnel employee or may
9initiate its own criminal history records check of the
10applicant through the Department of State Police and its own
11check of the Statewide Sex Offender Database as provided in
12subsection (a). Any unauthorized release of confidential
13information may be a violation of Section 7 of the Criminal
14Identification Act.
15 (c) The board of education shall not knowingly employ a
16person who has been convicted of any offense that would subject
17him or her to license suspension or revocation pursuant to
18Section 21B-80 of this Code. Further, the board of education
19shall not knowingly employ a person who has been found to be
20the perpetrator of sexual or physical abuse of any minor under
2118 years of age pursuant to proceedings under Article II of the
22Juvenile Court Act of 1987.
23 (d) The board of education shall not knowingly employ a
24person for whom a criminal history records check and a
25Statewide Sex Offender Database check has not been initiated.
26 (e) Upon receipt of the record of a conviction of or a

SB0142- 33 -LRB101 06968 AXK 52001 b
1finding of child abuse by a holder of any certificate issued
2pursuant to Article 21 or Section 34-8.1 or 34-83 of the School
3Code, the State Superintendent of Education may initiate
4certificate suspension and revocation proceedings as
5authorized by law.
6 (e-5) The general superintendent of schools shall, in
7writing, notify the State Superintendent of Education of any
8certificate holder whom he or she has reasonable cause to
9believe has committed an intentional act of abuse or neglect
10with the result of making a child an abused child or a
11neglected child, as defined in Section 3 of the Abused and
12Neglected Child Reporting Act, and that act resulted in the
13certificate holder's dismissal or resignation from the school
14district. This notification must be submitted within 30 days
15after the dismissal or resignation. The certificate holder must
16also be contemporaneously sent a copy of the notice by the
17superintendent. All correspondence, documentation, and other
18information so received by the State Superintendent of
19Education, the State Board of Education, or the State Teacher
20Certification Board under this subsection (e-5) is
21confidential and must not be disclosed to third parties, except
22(i) as necessary for the State Superintendent of Education or
23his or her designee to investigate and prosecute pursuant to
24Article 21 of this Code, (ii) pursuant to a court order, (iii)
25for disclosure to the certificate holder or his or her
26representative, or (iv) as otherwise provided in this Article

SB0142- 34 -LRB101 06968 AXK 52001 b
1and provided that any such information admitted into evidence
2in a hearing is exempt from this confidentiality and
3non-disclosure requirement. Except for an act of willful or
4wanton misconduct, any superintendent who provides
5notification as required in this subsection (e-5) shall have
6immunity from any liability, whether civil or criminal or that
7otherwise might result by reason of such action.
8 (f) After March 19, 1990, the provisions of this Section
9shall apply to all employees of persons or firms holding
10contracts with any school district including, but not limited
11to, food service workers, school bus drivers and other
12transportation employees, who have direct, daily contact with
13the pupils of any school in such district. For purposes of
14criminal history records checks and checks of the Statewide Sex
15Offender Database on employees of persons or firms holding
16contracts with more than one school district and assigned to
17more than one school district, the regional superintendent of
18the educational service region in which the contracting school
19districts are located may, at the request of any such school
20district, be responsible for receiving the authorization for a
21criminal history records check prepared by each such employee
22and submitting the same to the Department of State Police and
23for conducting a check of the Statewide Sex Offender Database
24for each employee. Any information concerning the record of
25conviction and identification as a sex offender of any such
26employee obtained by the regional superintendent shall be

SB0142- 35 -LRB101 06968 AXK 52001 b
1promptly reported to the president of the appropriate school
2board or school boards.
3 (f-5) Upon request of a school or school district, any
4information obtained by the school district pursuant to
5subsection (f) of this Section within the last year must be
6made available to the requesting school or school district.
7 (g) Prior to the commencement of any student teaching
8experience or required internship (which is referred to as
9student teaching in this Section) in the public schools, a
10student teacher is required to authorize a fingerprint-based
11criminal history records check. Authorization for and payment
12of the costs of the check must be furnished by the student
13teacher to the school district. Upon receipt of this
14authorization and payment, the school district shall submit the
15student teacher's name, sex, race, date of birth, social
16security number, fingerprint images, and other identifiers, as
17prescribed by the Department of State Police, to the Department
18of State Police. The Department of State Police and the Federal
19Bureau of Investigation shall furnish, pursuant to a
20fingerprint-based criminal history records check, records of
21convictions, forever and hereinafter, until expunged, to the
22president of the board. The Department shall charge the school
23district a fee for conducting the check, which fee must not
24exceed the cost of the inquiry and must be deposited into the
25State Police Services Fund. The school district shall further
26perform a check of the Statewide Sex Offender Database, as

SB0142- 36 -LRB101 06968 AXK 52001 b
1authorized by the Sex Offender Community Notification Law, and
2of the Statewide Murderer and Violent Offender Against Youth
3Database, as authorized by the Murderer and Violent Offender
4Against Youth Registration Act, for each student teacher. The
5board may not knowingly allow a person to student teach for
6whom a criminal history records check, a Statewide Sex Offender
7Database check, and a Statewide Murderer and Violent Offender
8Against Youth Database check have not been completed and
9reviewed by the district.
10 A copy of the record of convictions obtained from the
11Department of State Police must be provided to the student
12teacher. Any information concerning the record of convictions
13obtained by the president of the board is confidential and may
14only be transmitted to the general superintendent of schools or
15his or her designee, the State Superintendent of Education, the
16State Educator Preparation and Licensure Board, or, for
17clarification purposes, the Department of State Police or the
18Statewide Sex Offender Database or Statewide Murderer and
19Violent Offender Against Youth Database. Any unauthorized
20release of confidential information may be a violation of
21Section 7 of the Criminal Identification Act.
22 The board may not knowingly allow a person to student teach
23who has been convicted of any offense that would subject him or
24her to license suspension or revocation pursuant to Section
2521B-80 of this Code or who has been found to be the perpetrator
26of sexual or physical abuse of a minor under 18 years of age

SB0142- 37 -LRB101 06968 AXK 52001 b
1pursuant to proceedings under Article II of the Juvenile Court
2Act of 1987.
3 (h) (Blank).
4 (i) Beginning with the 2019-2020 school year, the State
5Board of Education must monitor all fingerprint-based criminal
6history records checks and any other database checks conducted
7under this Section.
8(Source: P.A. 99-21, eff. 1-1-16; 99-667, eff. 7-29-16.)
9 (105 ILCS 5/34-18.61 new)
10 Sec. 34-18.61. Sexual assault or sexual abuse by a licensed
11educator.
12 (a) The board must report all credible cases of sexual
13assault or sexual abuse by a licensed educator to the State
14Board of Education.
15 (b) The board must establish a hearing procedure for
16student victims of alleged sexual assault or sexual abuse by a
17licensed educator that allows a student victim to testify. In
18such cases, an attorney retained by the school district may not
19interview the student without:
20 (1) the consent of the student or the student's parent
21 or legal guardian if the student is a minor; and
22 (2) the student's parent or legal guardian, the
23 student's legal representative, or both in the room.
24 As part of the hearing procedure, an attorney retained by
25the school district may not interview the student 2 or more

SB0142- 38 -LRB101 06968 AXK 52001 b
1times without good cause being shown and recorded. If 2 or more
2interviews take place, the attorney retained by the school
3district who has control over the investigation must maintain a
4record, which shall be part of the legal record of the
5investigation, to show why 2 or more interviews took place. The
6student, student's legal representative, or student's family
7shall have continuous access to the record.
8 (c) The board shall ensure that a licensed educator under
9investigation by the State Superintendent of Education or his
10or her designee for alleged sexual assault or sexual abuse is
11reassigned to non-classroom duty.
12 (105 ILCS 5/34-84b) (from Ch. 122, par. 34-84b)
13 Sec. 34-84b. Conviction of sex or narcotics offense, first
14degree murder, attempted first degree murder, or Class X felony
15as grounds for revocation of certificate.
16 (a) Whenever the holder of any certificate issued by the
17board of education has been convicted of any sex offense or
18narcotics offense as defined in this Section, the board of
19education shall forthwith suspend the certificate. If the
20conviction is reversed and the holder is acquitted of the
21offense in a new trial or the charges against him are
22dismissed, the board shall forthwith terminate the suspension
23of the certificate. When the conviction becomes final, the
24board shall forthwith revoke the certificate. "Sex offense" as
25used in this Section means any one or more of the following

SB0142- 39 -LRB101 06968 AXK 52001 b
1offenses: (1) any offense defined in Sections 11-6, 11-9,
211-9.6, and 11-30, Sections 11-14 through 11-21, inclusive, and
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
412-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961 or
5the Criminal Code of 2012; (2) any attempt to commit any of the
6foregoing offenses, and (3) any offense committed or attempted
7in any other state which, if committed or attempted in this
8State, would have been punishable as one or more of the
9foregoing offenses. "Narcotics offense" as used in this Section
10means any one or more of the following offenses: (1) any
11offense defined in the Cannabis Control Act except those
12defined in Sections 4(a), 4(b) and 5(a) of that Act and any
13offense for which the holder of any certificate is placed on
14probation under the provisions of Section 10 of that Act and
15fulfills the terms and conditions of probation as may be
16required by the court; (2) any offense defined in the Illinois
17Controlled Substances Act except any offense for which the
18holder of any certificate is placed on probation under the
19provisions of Section 410 of that Act and fulfills the terms
20and conditions of probation as may be required by the court;
21(3) any offense defined in the Methamphetamine Control and
22Community Protection Act except any offense for which the
23holder of any certificate is placed on probation under the
24provision of Section 70 of that Act and fulfills the terms and
25conditions of probation as may be required by the court; (4)
26any attempt to commit any of the foregoing offenses; and (5)

SB0142- 40 -LRB101 06968 AXK 52001 b
1any offense committed or attempted in any other state or
2against the laws of the United States which, if committed or
3attempted in this State, would have been punishable as one or
4more of the foregoing offenses.
5 (b) Whenever the holder of any certificate issued by the
6board of education or pursuant to Article 21 or any other
7provisions of the School Code has been convicted of first
8degree murder, attempted first degree murder, or a Class X
9felony, the board of education or the State Superintendent of
10Education shall forthwith suspend the certificate. If the
11conviction is reversed and the holder is acquitted of that
12offense in a new trial or the charges that he or she committed
13that offense are dismissed, the suspending authority shall
14forthwith terminate the suspension of the certificate. When the
15conviction becomes final, the State Superintendent of
16Education shall forthwith revoke the certificate. The stated
17offenses of "first degree murder", "attempted first degree
18murder", and "Class X felony" referred to in this Section
19include any offense committed in another state that, if
20committed in this State, would have been punishable as any one
21of the stated offenses.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
23 Section 15. The Criminal Code of 2012 is amended by adding
24Section 11-9.6 as follows:

SB0142- 41 -LRB101 06968 AXK 52001 b
1 (720 ILCS 5/11-9.6 new)
2 Sec. 11-9.6. Sexual conduct or sexual relations with a
3student by an authority figure.
4 (a) In this Section:
5 "Authority figure" means a person 18 years of age or older
6who is employed by, volunteering at, or under contract with a
7school, including, but not limited to, a school resource
8officer.
9 "School" has the meaning given to that term in Section
1011-9.3 of this Code. "School" does not include a facility
11dedicated exclusively to the education of adults.
12 "Student" means a person who is enrolled at a school.
13 (b) A person commits sexual conduct or sexual relations
14with a student by an authority figure when he or she is an
15authority figure and solicits or engages in any of the
16following acts with a student:
17 (1) an act of sexual penetration or sexual conduct;
18 (2) a romantic relationship; or
19 (3) lewd conduct.
20 (c) Sentence. Sexual conduct or sexual relations with a
21student by an authority figure is a Class 1 felony.
22 Section 20. The Code of Criminal Procedure of 1963 is
23amended by adding Section 107-17 as follows:
24 (725 ILCS 5/107-17 new)

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1 Sec. 107-17. Educator; report. After the arrest or
2arraignment of an educator (other than a superintendent of a
3school district) who is licensed under Article 21B of the
4School Code, the arresting enforcement agency shall share its
5reports pertaining to the arrest with the superintendent of any
6school district that employs the educator. After the arrest or
7arraignment of a superintendent of a school district, the
8arresting enforcement agency shall share its reports
9pertaining to the arrest with the school board of any school
10district that employs the superintendent.
11 Section 25. The Personnel Record Review Act is amended by
12changing Section 7 as follows:
13 (820 ILCS 40/7) (from Ch. 48, par. 2007)
14 Sec. 7. (1) An employer or former employer shall not
15divulge a disciplinary report, letter of reprimand, or other
16disciplinary action to a third party, to a party who is not a
17part of the employer's organization, or to a party who is not a
18part of a labor organization representing the employee, without
19written notice as provided in this Section.
20 (2) The written notice to the employee shall be by
21first-class mail to the employee's last known address and shall
22be mailed on or before the day the information is divulged.
23 (3) This Section shall not apply if:
24 (a) the employee has specifically waived written

SB0142- 43 -LRB101 06968 AXK 52001 b
1 notice as part of a written, signed employment application
2 with another employer;
3 (b) the disclosure is ordered to a party in a legal
4 action or arbitration; or
5 (c) information is requested by a government agency as
6 a result of a claim or complaint by an employee, or as a
7 result of a criminal investigation by such agency.
8 (3.5) This Section does not prohibit a school district from
9divulging internal investigative findings and discipline to
10another school district.
11 (4) An employer who receives a request for records of a
12disciplinary report, letter of reprimand, or other
13disciplinary action in relation to an employee under the
14Freedom of Information Act may provide notification to the
15employee in written form as described in subsection (2) or
16through electronic mail, if available.
17(Source: P.A. 96-1212, eff. 7-22-10.)
18 Section 99. Effective date. This Act takes effect upon
19becoming law.

SB0142- 44 -LRB101 06968 AXK 52001 b
1 INDEX
2 Statutes amended in order of appearance