HB 5002 — SCH CD-RETIRED TEACHR-NO CHECK

*LRB09715040NHT63463b* HB5002 97THEngrossed GENERALLRB097 ASSEMBLY15040 StateNHT of63463 Illinoisb andAN 2012ACT HB5002concerning Introducededucation. 2/7/2012, by Rep.

Norine Hammond SYNOPSIS AS INTRODUCED:

ILCS 5/10-21.9 from Ch.

122, par.

10-21.9 ILCS 5/34-18.5 from Ch.

122, par.

34-18.5 Amends the School Code.

Exempts retired certified teachers who are substitute teachers seeking employment from provisions requiring applicants, as a condition of employment with a school district, to authorize a fingerprint-based criminal history records check, a check of the Statewide Sex Offender Database, and a check of the Statewide Murderer and Violent Offender Against Youth Database if there is no gap in time between the expiration of the retired teacher's teaching certificate and the issuance of the substitute teacher's certificate.

Effective immediately.

LRB097 15040 NHT 63463 b FISCAL NOTE ACT MAY APPLY A BILL FOR HB5002 LRB097 15040 NHT 63463 b AN ACT concerning education.

(a) Certified and noncertified applicants for employment with a school district, except retiredas certifiedprovided teachers who are substitute teachers seeking employment in casessubsection in(d-5) which there is no gap in time between the expiration of thethis retiredSection teacher's teaching certificate and theexcept issuancefor of the substitute teacher's certificate and school bus driver applicants, are required as a condition of employment to authorize a fingerprint-based criminal history records check to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws HB5002 - 2 - LRB097 15040 NHT 63463 b of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State.

Authorization for the check shall be furnished by the applicant HB5002 Engrossed - 2 - LRB097 15040 NHT 63463 b to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to furnish authorization for the check to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee.

The regional superintendent submitting the requisite information to the Department of State Police shall promptly notify the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee HB5002 - 3 - LRB097 15040 NHT 63463 b that the check of the applicant has been requested.

The Department of State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until HB5002 Engrossed - 3 - LRB097 15040 NHT 63463 b expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check.

This subsection (a-5) does not apply to retired certified teachers who are substitute teachers seeking employment in cases in which there is no gap in time between the expiration of the retired teacher's teaching certificate HB5002 - 4 - LRB097 15040 NHT 63463 b and the issuance of the substitute teacher's certificate.

This(b) subsectionAny (a-6)information doesconcerning notthe applyrecord of convictions obtained by the president of the school board or the regional HB5002 Engrossed - 4 - LRB097 15040 NHT 63463 b superintendent shall be confidential and may only be transmitted to retiredthe certifiedsuperintendent teachersof whothe areschool substitutedistrict teachersor seekinghis employmentdesignee, inthe casesappropriate inregional whichsuperintendent thereif isthe nocheck gapwas inrequested timeby betweenthe school district, the expirationpresidents of the retiredappropriate teacher'sschool teachingboards certificateif andthe check was requested from the issuanceDepartment of State Police by the substituteregional teacher'ssuperintendent, certificate.the State Superintendent of Education, the State Teacher Certification Board, any other person necessary to the decision of hiring the applicant for employment, or for clarification purposes the Department of State Police or Statewide Sex Offender Database, or both.

(b) Any information concerning the record of convictions obtained by the president of the school board or the regional superintendent shall be confidential and may only be transmitted to the superintendent of the school district or his designee, the appropriate regional superintendent if the check was requested by the school district, the presidents of the appropriate school boards if the check was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board, any other person necessary to the decision of hiring the applicant for employment, or for clarification purposes the Department of State Police or Statewide Sex Offender Database, or both.

Upon the check of the Statewide Sex Offender Database, the school district or HB5002 - 5 - LRB097 15040 NHT 63463 b regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database as a sex offender.

If a check of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school district was requested by the regional superintendent, and the Department of State Police upon a check ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any HB5002 Engrossed - 5 - LRB097 15040 NHT 63463 b other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database as a sex offender, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or HB5002 - 6 - LRB097 15040 NHT 63463 b against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database, the applicant has not been identified in the Database as a sex offender.

The school board of any school district may rely on the certificate issued by any regional superintendent to that substitute teacher, concurrent part-time teacher, or concurrent educational support personnel employee or may initiate its own criminal history records check of the applicant through the Department of State Police and its own check of the Statewide Sex Offender HB5002 Engrossed - 6 - LRB097 15040 NHT 63463 b Database as provided in subsection (a).

(d) No school board shall knowingly employ a person for whom a criminal history records check and a Statewide Sex HB5002 - 7 - LRB097 15040 NHT 63463 b Offender Database check has not been initiated.

This(d-5) subsectionThe (d)requirements doesof this Section do not apply to retiredindividuals certifiedwho teachers(i) whosubmitted areto substitutea teachersfingerprint-based seekingcriminal employmenthistory inrecords casescheck inas whicha therecondition isof noemployment gapwith ina timeschool betweendistrict theand expiration(ii) ofupon theretirement retiredfrom teacher'semployment teachingwith certificatethat school district, has sought and theobtained issuanceemployment ofwith thethat substituteschool teacher'sdistrict certificate.as a substitute teacher.

A school district may require an applicant for employment as described in this subsection (d-5) to submit to a fingerprint-based criminal history records check through the Federal Bureau of Investigation and a check of the Statewide Sex Offender Database and the Statewide Murderer and Violent Offender HB5002 Engrossed - 7 - LRB097 15040 NHT 63463 b Against Youth Database.

All correspondence, documentation, and other information so received by the regional superintendent of HB5002 - 8 - LRB097 15040 NHT 63463 b schools, the State Superintendent of Education, the State Board of Education, or the State Teacher Certification Board under this subsection (e-5) is confidential and must not be disclosed to third parties, except (i) as necessary for the State Superintendent of Education or his or her designee to HB5002 Engrossed - 8 - LRB097 15040 NHT 63463 b investigate and prosecute pursuant to Article 21 of this Code, (ii) pursuant to a court order, (iii) for disclosure to the certificate holder or his or her representative, or (iv) as otherwise provided in this Article and provided that any such information admitted into evidence in a hearing is exempt from this confidentiality and non-disclosure requirement.

For purposes of criminal history records checks and checks of the Statewide Sex Offender Database on employees of persons or firms holding contracts with more than one school district and assigned to more than one school district, the regional superintendent of HB5002 - 9 - LRB097 15040 NHT 63463 b the educational service region in which the contracting school districts are located may, at the request of any such school district, be responsible for receiving the authorization for a criminal history records check prepared by each such employee and submitting the same to the Department of State Police and HB5002 Engrossed - 9 - LRB097 15040 NHT 63463 b for conducting a check of the Statewide Sex Offender Database for each employee.

(h) Upon request of a school, school district, community college district, or private school, any information obtained by a school district pursuant to subsection (f) of this Section within the last year must be made available to that school, HB5002 - 10 - LRB097 15040 NHT 63463 b school district, community college district, or private school.

revised 9-21-11.) HB5002 Engrossed - 10 - LRB097 15040 NHT 63463 b (105 ILCS 5/34-18.5) (from Ch.

(a) Certified and noncertified applicants for employment with the school district, except retiredas certifiedprovided teachers who are substitute teachers seeking employment in casessubsection in(d-5) which there is no gap in time between the expiration of thethis retiredSection, teacher's teaching certificate and the issuance of the substitute teacher's certificate, are required as a condition of employment to authorize a fingerprint-based criminal history records check to determine if such applicants have been convicted of any of the enumerated criminal or drug offenses in subsection (c) of this Section or have been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State.

Authorization for the check shall HB5002 - 11 - LRB097 15040 NHT 63463 b be furnished by the applicant to the school district, except that if the applicant is a substitute teacher seeking employment in more than one school district, or a teacher seeking concurrent part-time employment positions with more than one school district (as a reading specialist, special education teacher or otherwise), or an educational support personnel employee seeking employment positions with more than one district, any such district may require the applicant to HB5002 Engrossed - 11 - LRB097 15040 NHT 63463 b furnish authorization for the check to the regional superintendent of the educational service region in which are located the school districts in which the applicant is seeking employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee.

The Department of State Police and the Federal Bureau of Investigation shall furnish, pursuant to a fingerprint-based HB5002 - 12 - LRB097 15040 NHT 63463 b criminal history records check, records of convictions, until expunged, to the president of the school board for the school district that requested the check, or to the regional superintendent who requested the check.

and the applicant shall not be HB5002 Engrossed - 12 - LRB097 15040 NHT 63463 b charged a fee for such check by the school district or by the regional superintendent.

This(a-6) subsectionThe (a-5)school doesdistrict notor applyregional tosuperintendent retiredshall certifiedfurther teachersperform whoa arecheck substituteof teachersthe seekingStatewide employmentMurderer inand casesViolent inOffender whichAgainst thereYouth isDatabase, noas gapauthorized inby time between the expirationMurderer ofand theViolent retiredOffender teacher'sAgainst teachingYouth certificateCommunity andNotification theLaw, issuancefor ofeach theapplicant. substitute teacher's certificate.

(a-6)(b) TheAny schoolinformation districtconcerning the record of convictions obtained by the president of the board of education or the regional superintendent shall furtherbe performconfidential aand may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the check was requested by the board of education for the Statewideschool Murdererdistrict, andthe Violentpresidents Offenderof Againstthe Youthappropriate Database,board asof authorizededucation or school boards if the check was requested from the Department of State Police by the Murdererregional andsuperintendent, Violentthe OffenderState AgainstSuperintendent Youthof CommunityEducation, Notificationthe Law,State Teacher Certification Board or any other HB5002 Engrossed - 13 - LRB097 15040 NHT 63463 b forperson eachnecessary applicant.to the decision of hiring the applicant for employment.

This subsection (a-6) does not apply to retired certified teachers who are substitute teachers seeking employment in cases in which there is no gap in time between the expiration of the retired teacher's teaching certificate and the issuance of the substitute teacher's certificate.

(b) Any information concerning the record of convictions obtained by the president of the board of education or the regional superintendent shall be confidential and may only be transmitted to the general superintendent of the school district or his designee, the appropriate regional superintendent if the check was requested by the board of education for the school district, the presidents of the appropriate board of education or school boards if the check was requested from the Department of State Police by the regional superintendent, the State Superintendent of Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment.

If a check of an applicant for employment as a substitute or concurrent part-time teacher or concurrent educational support personnel employee in more than one school HB5002 - 14 - LRB097 15040 NHT 63463 b district was requested by the regional superintendent, and the Department of State Police upon a check ascertains that the applicant has not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and so notifies the regional superintendent and if the regional superintendent upon a check ascertains that the applicant has not been identified in the Sex Offender Database as a sex offender, then the regional superintendent shall issue to the applicant a certificate evidencing that as of the date specified by the Department of State Police the applicant has HB5002 Engrossed - 14 - LRB097 15040 NHT 63463 b not been convicted of any of the enumerated criminal or drug offenses in subsection (c) or has not been convicted, within 7 years of the application for employment with the school district, of any other felony under the laws of this State or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as a felony under the laws of this State and evidencing that as of the date that the regional superintendent conducted a check of the Statewide Sex Offender Database, the applicant has not been HB5002 - 15 - LRB097 15040 NHT 63463 b identified in the Database as a sex offender.

Further, the board of education HB5002 Engrossed - 15 - LRB097 15040 NHT 63463 b shall not knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.

This(d-5) subsectionThe (d)requirements doesof this Section do not apply to retiredindividuals certified teachers who are(i) substitutesubmitted teachersto seekinga employmentfingerprint-based incriminal caseshistory inrecords whichcheck thereas isa nocondition gapof inemployment timewith between the expirationschool HB5002district -and 16(ii) -upon LRB097retirement 15040from NHTemployment 63463with b of the retiredschool teacher'sdistrict, teachinghas certificatesought and theobtained issuanceemployment ofwith the substituteschool teacher'sdistrict certificate.as a substitute teacher.

The school district may require an applicant for employment as described in this subsection (d-5) to submit to a fingerprint-based criminal history records check through the Federal Bureau of Investigation and a check of the Statewide Sex Offender Database and the Statewide Murderer and Violent Offender Against Youth Database.

(e-5) The general superintendent of schools shall, in HB5002 Engrossed - 16 - LRB097 15040 NHT 63463 b writing, notify the State Superintendent of Education of any certificate holder whom he or she has reasonable cause to believe has committed an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act, and that act resulted in the certificate holder's dismissal or resignation from the school district.