Illinois 95th Regular Session Status: Passed Senate 1 R cosponsors

SB 2091 — TEACHER-CERT-CRIMINAL OFFENSE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the School Code and the Counties Code. Provides that it is a State's Attorney's duty to notify the State Superintendent of Education upon the conviction of any individual known to possess a certificate issued under the School Code of any of certain offenses or any other felony conviction. In the criminal history records check provisions of the School Code, makes changes concerning the offenses for which a school board may not knowingly employ a person. Provides that no one may be certified to teach or supervise in the public schools who has been convicted of certain offenses (instead of providing that in determining good character, any felony conviction of an applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration). In provisions concerning suspension or revocation of a certificate, provides that the State Superintendent of Education has the exclusive authority to initiate the suspension of up to 5 calendar years or revocation of any certificate (instead of providing that a certificate may be suspended for a period not to exceed one calendar year by the regional superintendent of schools or for a period not to exceed 5 calendar years by the State Superintendent). With respect to certificate suspension and revocation, makes changes concerning an investigation, notice, a hearing, an appeal, and the offenses that are grounds for suspension and revocation. Makes other changes.

Bill Text

What changed in the latest version

964 added · 856 removed

Plain-language change summary

The recent changes to SB 2091 emphasize the responsibility of State's Attorneys to inform the State Superintendent of Education when someone holding a teaching certificate is convicted of specific offenses, including felonies. This is important because it aims to keep individuals with serious criminal backgrounds from working in schools, thereby enhancing the safety of students and maintaining the integrity of the educational system. Additionally, the bill clarifies that certain felony convictions will automatically disqualify individuals from obtaining teaching certificates, reinforcing standards for educators.

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*LRB09518099NHT44182b* SB2091 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2091 Introduced 2/14/2008, by Sen.
SB2091 Engrossed LRB095 18099 NHT 44182 b AN ACT concerning education.
William R.
Haine SYNOPSIS AS INTRODUCED:
ILCS 5/3-9005 from Ch.
34, par.
3-9005 ILCS 5/10-21.9 from Ch.
122, par.
10-21.9 ILCS 5/21-1 from Ch.
122, par.
21-1 ILCS 5/21-23 from Ch.
122, par.
21-23 ILCS 5/21-23a from Ch.
122, par.
21-23a ILCS 5/34-18.5 from Ch.
122, par.
34-18.5 Amends the School Code and the Counties Code.
Provides that it is a State’s Attorney’s duty to notify the State Superintendent of Education upon the conviction of any individual known to possess a certificate issued under the School Code of any of certain offenses or any other felony conviction.
In the criminal history records check provisions of the School Code, makes changes concerning the offenses for which a school board may not knowingly employ a person.
Provides that no one may be certified to teach or supervise in the public schools who has been convicted of certain offenses (instead of providing that in determining good character, any felony conviction of an applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration).
In provisions concerning suspension or revocation of a certificate, provides that the State Superintendent of Education has the exclusive authority to initiate the suspension of up to 5 calendar years or revocation of any certificate (instead of providing that a certificate may be suspended for a period not to exceed one calendar year by the regional superintendent of schools or for a period not to exceed 5 calendar years by the State Superintendent).
With respect to certificate suspension and revocation, makes changes concerning an investigation, notice, a hearing, an appeal, and the offenses that are grounds for suspension and revocation.
Makes other changes.
LRB095 18099 NHT 44182 b FISCAL NOTE ACT STATE MANDATES MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB2091 LRB095 18099 NHT 44182 b AN ACT concerning education.
SB2091 - 2 - LRB095 18099 NHT 44182 b (4) To defend all actions and proceedings brought against his county, or against any county or State officer, in his official capacity, within his county.
SB2091 Engrossed - 2 - LRB095 18099 NHT 44182 b (4) To defend all actions and proceedings brought against his county, or against any county or State officer, in his official capacity, within his county.
SB2091 - 3 - LRB095 18099 NHT 44182 b (9) To pay all moneys received by him in trust, without delay, to the officer who by law is entitled to the custody thereof.
SB2091 Engrossed - 3 - LRB095 18099 NHT 44182 b (9) To pay all moneys received by him in trust, without delay, to the officer who by law is entitled to the custody thereof.
(13) To notify, by first-class mail, the State Superintendent of Education upon the conviction of any individual known to possess a certificate issued pursuant to Article 21 of the School Code of any offense set forth in Section 21-23a of the School Code or any other felony conviction, providing the name of the certificate holder, the fact of the conviction, and the name and location of the court where the conviction occurred.
(13) To notify, by first-class mail, the State Superintendent of Education, the applicable regional superintendent of schools, and the superintendent of the employing school district, if any, upon the conviction of any individual known to possess a certificate issued pursuant to Article 21 of the School Code of any offense set forth in Section 21-23a of the School Code or any other felony conviction, providing the name of the certificate holder, the fact of the conviction, and the name and location of the court where the conviction occurred.
(b) The State’s Attorney of each county shall have authority to appoint one or more special investigators to serve subpoenas, make return of process and conduct investigations which assist the State’s Attorney in the performance of his duties.
The certificate holder must also be contemporaneously sent a copy of the notice.
A special investigator shall not carry firearms except SB2091 - 4 - LRB095 18099 NHT 44182 b with permission of the State’s Attorney and only while carrying appropriate identification indicating his employment and in the performance of his assigned duties.
(b) The State’s Attorney of each county shall have SB2091 Engrossed - 4 - LRB095 18099 NHT 44182 b authority to appoint one or more special investigators to serve subpoenas, make return of process and conduct investigations which assist the State’s Attorney in the performance of his duties.
A special investigator shall not carry firearms except with permission of the State’s Attorney and only while carrying appropriate identification indicating his employment and in the performance of his assigned duties.
The Department shall examine its records and submit to the State’s Attorney of the county in which the investigator seeks appointment any conviction information concerning the person on file with the Department.
The Department shall examine its records and SB2091 Engrossed - 5 - LRB095 18099 NHT 44182 b submit to the State’s Attorney of the county in which the investigator seeks appointment any conviction information concerning the person on file with the Department.
No person shall be appointed as a special investigator if he has been SB2091 - 5 - LRB095 18099 NHT 44182 b convicted of a felony or other offense involving moral turpitude.
No person shall be appointed as a special investigator if he has been convicted of a felony or other offense involving moral turpitude.
(d) For each State fiscal year, the State’s Attorney of Cook County shall appear before the General Assembly and request appropriations to be made from the Capital Litigation Trust Fund to the State Treasurer for the purpose of providing assistance in the prosecution of capital cases in Cook County and for the purpose of providing assistance to the State in SB2091 - 6 - LRB095 18099 NHT 44182 b post-conviction proceedings in capital cases under Article 122 of the Code of Criminal Procedure of 1963 and in relation to petitions filed under Section 2-1401 of the Code of Civil Procedure in relation to capital cases.
(d) For each State fiscal year, the State’s Attorney of Cook County shall appear before the General Assembly and SB2091 Engrossed - 6 - LRB095 18099 NHT 44182 b request appropriations to be made from the Capital Litigation Trust Fund to the State Treasurer for the purpose of providing assistance in the prosecution of capital cases in Cook County and for the purpose of providing assistance to the State in post-conviction proceedings in capital cases under Article 122 of the Code of Criminal Procedure of 1963 and in relation to petitions filed under Section 2-1401 of the Code of Civil Procedure in relation to capital cases.
8-20-04.) Section 10.
8-20-04.) SB2091 Engrossed - 7 - LRB095 18099 NHT 44182 b Section 10.
The School Code is amended by changing Sections 10-21.9, 21-1, 21-23, 21-23a, and 34-18.5 as follows:
The School Code is amended by changing Sections 3-11, 10-21.9, 10-22.39, 21-1, 21-23, 21-23a, and 34-18.5 as follows:
SB2091 - 7 - LRB095 18099 NHT 44182 b (105 ILCS 5/10-21.9) (from Ch.
(105 ILCS 5/3-11) (from Ch.
3-11) Sec.
3-11.
Institutes or inservice training workshops.
In counties of less than 2,000,000 inhabitants, the regional superintendent may arrange for or conduct district, regional, or county institutes, or equivalent professional educational experiences, not more than 4 days annually.
Of those 4 days, 2 days may be used as a teacher’s workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d.
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A school district may use one of its 4 institute days on the last day of the school term.
"Institute" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an institute day, or parent-teacher conferences.
With the concurrence of the State Superintendent of Education, he or she may employ such SB2091 Engrossed - 8 - LRB095 18099 NHT 44182 b assistance as is necessary to conduct the institute.
Two or more adjoining counties may jointly hold an institute.
Institute instruction shall be free to holders of certificates good in the county or counties holding the institute, and to those who have paid an examination fee and failed to receive a certificate.
In counties of 2,000,000 or more inhabitants, the regional superintendent may arrange for or conduct district, regional, or county inservice training workshops, or equivalent professional educational experiences, not more than 4 days annually.
Of those 4 days, 2 days may be used for conducting parent-teacher conferences and up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d.
A school district may use one of those 4 days on the last day of the school term.
"Inservice Training Workshops" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an inservice training workshop, or parent-teacher conferences.
With the concurrence of the State Superintendent of Education, he may employ such assistance as is necessary to conduct the inservice training workshop.
With the approval of the regional superintendent, 2 SB2091 Engrossed - 9 - LRB095 18099 NHT 44182 b or more adjoining districts may jointly hold an inservice training workshop.
In addition, with the approval of the regional superintendent, one district may conduct its own inservice training workshop with subject matter consultants requested from the county, State or any State institution of higher learning.
Such teachers institutes as referred to in this Section may be held on consecutive or separate days at the option of the regional superintendent having jurisdiction thereof.
Whenever reference is made in this Act to "teachers institute", it shall be construed to include the inservice training workshops or equivalent professional educational experiences provided for in this Section.
Any institute advisory committee existing on April 1, 1995, is dissolved and the duties and responsibilities of the institute advisory committee are assumed by the regional office of education advisory board.
Districts providing inservice training programs shall constitute inservice committees, 1/2 of which shall be teachers, 1/4 school service personnel and 1/4 administrators to establish program content and schedules.
The teachers institutes shall include teacher training committed to (i) peer counseling programs and other anti-violence and conflict resolution programs, including without limitation programs for preventing at risk students from committing violent acts, and (ii) educator ethics and SB2091 Engrossed - 10 - LRB095 18099 NHT 44182 b teacher-student conduct.
(Source:
P.A.
94-197, eff.
7-12-05.) (105 ILCS 5/10-21.9) (from Ch.
122, par.
Authorization for the check shall 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, 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 SB2091 - 8 - LRB095 18099 NHT 44182 b 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.
Authorization for the check shall 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, 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 SB2091 Engrossed - 11 - LRB095 18099 NHT 44182 b 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 Department shall charge the school district or the appropriate regional superintendent a fee for conducting such check, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry;
The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such check, which fee shall be deposited in the State Police Services Fund and shall not SB2091 Engrossed - 12 - LRB095 18099 NHT 44182 b exceed the cost of the inquiry;
Subject to appropriations for these SB2091 - 9 - LRB095 18099 NHT 44182 b purposes, the State Superintendent of Education shall reimburse school districts and regional superintendents for fees paid to obtain criminal history records checks under this Section.
Subject to appropriations for these purposes, the State Superintendent of Education shall reimburse school districts and regional superintendents for fees paid to obtain criminal history records checks under this Section.
(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 or any other person necessary to the decision of hiring the applicant for employment.
(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 or any other person necessary to the SB2091 Engrossed - 13 - LRB095 18099 NHT 44182 b decision of hiring the applicant for employment.
Upon SB2091 - 10 - LRB095 18099 NHT 44182 b the check of the Statewide Sex Offender Database, the school district or regional superintendent shall notify an applicant as to whether or not the applicant has been identified in the Database as a sex offender.
Upon the check of the Statewide Sex Offender Database, the school district or 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 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 SB2091 - 11 - LRB095 18099 NHT 44182 b 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 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 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 SB2091 Engrossed - 14 - LRB095 18099 NHT 44182 b 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 identified in the Database as a sex offender.
(c) No school board shall knowingly employ a person who has been convicted of a sex offense or narcotics offense, first degree murder, attempted first degree murder, conspiracy to commit first degree murder, attempted conspiracy to commit first degree murder, or a Class X felony.
(c) No school board shall knowingly employ a person who has been convicted of any offense that would subject him or her to certification suspension or revocation pursuant to Section 21-23a of this Code.
The offenses of "first degree murder", "attempted first degree murder", "conspiracy to commit first degree murder", "attempted conspiracy to commit first degree murder", and "Class X felony" SB2091 - 12 - LRB095 18099 NHT 44182 b referred to in this Section include any offense committed or attempted in another state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as any one of these offenses.
for committing attempted first degree murder or for committing or attempting to commit first degree SB2091 Engrossed - 15 - LRB095 18099 NHT 44182 b murder or a Class X felony or any one or more of the following offenses:
for committing attempted first degree murder or for committing or attempting to commit first degree murder or a Class X felony or any one or more of the following offenses:
"Sex offense" as used in this Section means any one or more of the following offenses:
(1) Any offense under Sections 11-6, 11-9.1 through 11-9.5, inclusive, 11-14 through 11-21, inclusive, 11-23 SB2091 - 13 - LRB095 18099 NHT 44182 b (if punished as a Class 3 felony), 11-24, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, and 12-33 of the Criminal Code of 1961.
(2) An attempt to commit any of the offenses set forth in subdivision (1) of this subsection (c).
(3) Any offense committed or attempted in another state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the offenses set forth in subdivisions (1) and (2) of this subsection (c).
"Narcotics offense" as used in this Section means any one or more of the following offenses:
(A) Any offense under the Cannabis Control Act, except an offense defined in subdivision (a) or (b) of Section 4 or subdivision (a) of Section 5 of the Cannabis Control Act or an offense in which the person is placed on probation under Section 10 of the Cannabis Control Act and the person fulfills those terms and conditions of probation as may be required by the court.
(B) Any offense under the Illinois Controlled Substances Act, except an offense in which the person is placed on probation under Section 410 of the Illinois Controlled Substances Act and the person fulfills those terms and conditions of probation as may be required by the court.
(C) Any offense under the Methamphetamine Control and SB2091 - 14 - LRB095 18099 NHT 44182 b Community Protection Act, except an offense in which the person is placed on probation under Section 70 of the Methamphetamine Control and Community Protection Act and the person fulfills those terms and conditions of probation as may be required by the court.
(D) An attempt to commit any of the offenses set forth in clauses (A), (B), and (C) of this subsection (c).
(E) Any offense committed or attempted in another state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the offenses set forth in clauses (A), (B), (C), and (D) of this subsection (c).
(e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the appropriate regional superintendent of schools or the State Superintendent of Education may shall initiate the certificate suspension and revocation proceedings as authorized by law.
(e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the appropriate regional superintendent of schools or the State Superintendent of Education may shall initiate the certificate suspension and revocation proceedings as SB2091 Engrossed - 16 - LRB095 18099 NHT 44182 b authorized by law.
(f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other SB2091 - 15 - LRB095 18099 NHT 44182 b transportation employees, who have direct, daily contact with the pupils of any school in such district.
(e-5) The superintendent of the employing school board shall, in writing, notify the State Superintendent of Education and the applicable regional superintendent of schools 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.
This notification must be submitted within 30 days after the dismissal or resignation.
The certificate holder must also be contemporaneously sent a copy of the notice by the superintendent.
All correspondence, documentation, and other information so received by the regional superintendent of 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 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.
Except SB2091 Engrossed - 17 - LRB095 18099 NHT 44182 b for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action.
(f) After January 1, 1990 the provisions of this Section shall apply to all employees of persons or firms holding contracts with any school district including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct, daily contact with the pupils of any school in such district.
(Source:
SB2091 Engrossed - 18 - LRB095 18099 NHT 44182 b (Source:
8-21-07.) (105 ILCS 5/21-1) (from Ch.
8-21-07.) (105 ILCS 5/10-22.39) (from Ch.
10-22.39) Sec.
10-22.39.
In-service training programs.
(a) To conduct in-service training programs for teachers.
(b) In addition to other topics at in-service training programs, school guidance counselors, teachers and other school personnel who work with pupils in grades 7 through 12 shall be trained to identify the warning signs of suicidal behavior in adolescents and teens and shall be taught appropriate intervention and referral techniques.
(c) School guidance counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils.
The School Board shall supervise such training.
The State Board of Education and the Department of Public Health shall jointly develop standards for such training.
(d) In this subsection (d):
SB2091 Engrossed - 19 - LRB095 18099 NHT 44182 b "Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.
"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district’s policies, procedures, and protocols with regard to such youth, including SB2091 Engrossed - 20 - LRB095 18099 NHT 44182 b confidentiality.
At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.
(e) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel.
(Source:
P.A.
95-558, eff.
8-30-07.) (105 ILCS 5/21-1) (from Ch.
122, par.
No one may be certified to teach or supervise in the public schools of this State who is not of good character, of good health, a citizen of the United States or legally present and authorized for SB2091 - 16 - LRB095 18099 NHT 44182 b employment, and at least 19 years of age.
No one may be certified to teach or supervise in the public schools of this State who is not of good character, of good health, a citizen of the United States or legally present and authorized for employment, and at least 19 years of age.
Citizenship is not required for the issuance of a temporary part-time certificate to participants in approved training programs for exchange students as described in Section 21-10.2.
Citizenship is not required for the issuance of a temporary SB2091 Engrossed - 21 - LRB095 18099 NHT 44182 b part-time certificate to participants in approved training programs for exchange students as described in Section 21-10.2.
In determining good character under this Section, any felony conviction of the applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration.
In determining good character under this Section, any felony conviction of the applicant may be taken into consideration, but, unless the conviction is an offense set forth in Section 21-23a of this Code, an applicant must be permitted to submit character references or other written material before such a conviction or other information regarding the applicant’s character may be used by the State Superintendent of Education as a basis for denying the application shall not operate as a bar to registration.
nor shall any school district refuse SB2091 - 17 - LRB095 18099 NHT 44182 b to employ a teacher on such grounds, provided that the person is able to carry out the duties of the position for which he applies.
nor shall any school district refuse to employ a teacher on such grounds, provided that the person is able to carry out the duties of the position for which he applies.
No person may be granted or continue to hold a teaching certificate who has knowingly altered or misrepresented his or her teaching qualifications in order to acquire the certificate.
No person may be granted or continue to hold a teaching certificate who has knowingly altered or misrepresented his or her teaching qualifications in order to acquire the SB2091 Engrossed - 22 - LRB095 18099 NHT 44182 b certificate.
Notwithstanding any other provision of this Act, the board of education of any school district may grant to a teacher of the district a leave of absence with full pay for a period of SB2091 - 18 - LRB095 18099 NHT 44182 b not more than one year to permit such teacher to teach in a foreign state under the provisions of the Exchange Teacher Program established under Public Law 584, 79th Congress, and Public Law 402, 80th Congress, as amended.
Notwithstanding any other provision of this Act, the board of education of any school district may grant to a teacher of the district a leave of absence with full pay for a period of not more than one year to permit such teacher to teach in a foreign state under the provisions of the Exchange Teacher Program established under Public Law 584, 79th Congress, and Public Law 402, 80th Congress, as amended.
The school board granting such leave of absence may employ with or without pay a national of the foreign state wherein the teacher on leave of absence will teach, if the national is qualified to teach in that foreign state, and if that national will teach in a grade level similar to the one which was taught in such foreign state.
The school board granting such leave of absence may employ with or without pay a national of the foreign state wherein the teacher on leave of SB2091 Engrossed - 23 - LRB095 18099 NHT 44182 b absence will teach, if the national is qualified to teach in that foreign state, and if that national will teach in a grade level similar to the one which was taught in such foreign state.
(a) The State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, to initiate the suspension of up to 5 calendar years or revocation of any Any certificate issued pursuant to this Article, including but not limited to any administrative certificate or endorsement, for may be suspended for a period not to exceed one calendar year by the regional superintendent or for a period not to exceed 5 calendar years by the State Superintendent of Education upon evidence of immorality, a condition of health detrimental to SB2091 - 19 - LRB095 18099 NHT 44182 b the welfare of pupils, incompetency, unprofessional conduct (which includes the failure to disclose on an employment application any previous conviction for a sex offense, as defined in Section 21-23a of this Code, or any other offense committed in any other state or against the laws of the United States that, if committed in this State, would be punishable as a sex offense, as defined in Section 21-23a of this Code), the neglect of any professional duty, willful failure to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act, failure to establish satisfactory repayment on an educational loan guaranteed by the Illinois Student Assistance Commission, or other just cause.
(a) The State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, to initiate the suspension of up to 5 calendar years or revocation of any Any certificate issued pursuant to this Article, including but not limited to any administrative certificate or endorsement, for abuse or neglect of a child, may be suspended for a period not to exceed one calendar year by the regional superintendent or for a period not to exceed 5 calendar years by the State Superintendent of Education upon evidence of immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct (which includes the failure to disclose on an employment application any previous conviction for a sex offense, as defined in Section 21-23a of this Code, or any other offense committed in any other state or against the laws of the United States that, if committed in SB2091 Engrossed - 24 - LRB095 18099 NHT 44182 b this State, would be punishable as a sex offense, as defined in Section 21-23a of this Code), the neglect of any professional duty, willful failure to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act, failure to establish satisfactory repayment on an educational loan guaranteed by the Illinois Student Assistance Commission, or other just cause.
It shall also include neglect or unnecessary delay in making of statistical and other reports required by SB2091 - 20 - LRB095 18099 NHT 44182 b school officers.
It shall also include neglect or unnecessary delay in making of statistical and other reports required by school officers.
(a-5) The regional superintendent or State Superintendent of Education shall , upon receipt of evidence of immorality, a condition of health detrimental to the welfare of pupils, incompetency, unprofessional conduct, the neglect of any professional duty or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension or revocation.
(a-5) The regional superintendent or State Superintendent of Education shall, upon receipt of evidence of abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency, SB2091 Engrossed - 25 - LRB095 18099 NHT 44182 b unprofessional conduct, the neglect of any professional duty or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension or revocation;
The fact that an individual has been named as a perpetrator in an indicated report filed pursuant to the Abused and Neglected Child Reporting Act may constitute sufficient evidence for the State Superintendent to initiate suspension or revocation of a certificate.
provided that the State Superintendent is under no obligation to initiate such an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination as required under Section 7.12 of the Abused and Neglected Child Reporting Act.
If a hearing is requested within 10 days of notice of opportunity for hearing it shall act as a stay of proceedings not to exceed 30 days, unless the individual requests a delay.
If a hearing is requested within 10 days of notice of opportunity for hearing, it shall act as a stay of proceedings until the State Teacher Certification Board issues a decision.
Any hearing shall take place in the educational service region wherein the educator is or was last employed and in accordance with rules adopted by the State Board of Education, in consultation with the State Teacher Certification Board, which rules shall include without limitation provisions for discovery and the sharing of information between parties prior to the hearing.
The standard of proof for any administrative hearing held pursuant to this Section shall be by the preponderance of the evidence.
The decision of the State SB2091 Engrossed - 26 - LRB095 18099 NHT 44182 b Teacher Certification Board is a final administrative decision and is subject to judicial review by appeal of either party.
not to exceed 30 days, unless the individual requests a delay.
No certificate shall be suspended or revoked pursuant to this Section until the individual teacher has an opportunity for a hearing before the State Teacher Certification Board or a hearing officer appointed thereby and in accordance with rules adopted by the State Board of Education.
No certificate shall be suspended until the teacher has an opportunity for a hearing at the educational service region.
The decision of the SB2091 - 21 - LRB095 18099 NHT 44182 b State Teacher Certification Board is a final administrative decision and is subject to judicial review.
at the educational service region.
No certificate shall be revoked until the teacher has an opportunity for a hearing before the State Teacher Certification Board, which hearing must be held within 120 days from the date the appeal is taken, unless the State Teacher Certification Board requests a delay.
No certificate shall be revoked until the teacher has an opportunity for a hearing before the State Teacher Certification Board, which hearing must be held within 120 days from the date the appeal is taken, unless the State Teacher SB2091 Engrossed - 27 - LRB095 18099 NHT 44182 b Certification Board requests a delay.
The State Board may refuse to issue or may suspend the SB2091 - 22 - LRB095 18099 NHT 44182 b certificate of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
The State Board may refuse to issue or may suspend the certificate of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
The exclusive authority of the State Superintendent of Education to initiate suspension or revocation of a certificate pursuant to this Section does not preclude a regional superintendent of schools from cooperating with the State Superintendent or a State’s Attorney with respect to an investigation of alleged misconduct.
The regional superintendent or State Superintendent of Education shall, upon receipt of evidence that the certificate holder has been named a perpetrator in any indicated report, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension.
SB2091 Engrossed - 28 - LRB095 18099 NHT 44182 b The regional superintendent or State Superintendent of Education shall, upon receipt of evidence that the certificate holder has been named a perpetrator in any indicated report, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension.
No certificate shall be suspended until the SB2091 - 23 - LRB095 18099 NHT 44182 b teacher has an opportunity for a hearing at the educational service region.
No certificate shall be suspended until the teacher has an opportunity for a hearing at the educational service region.
In such an instance, the stay of the revocation proceedings must be continued until the completion of the proceedings.
In such an instance, the stay of the revocation proceedings must be continued until the completion SB2091 Engrossed - 29 - LRB095 18099 NHT 44182 b of the proceedings.
The subpoena shall require a SB2091 - 24 - LRB095 18099 NHT 44182 b witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced.
The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced.
Failure of a certificate holder to comply with a duly-issued, investigatory subpoena is grounds for revocation, suspension, or denial of a certificate.
Such recorded testimony must not be used as evidence at a hearing, unless the certificate holder has adequate notice of the testimony and the opportunity to cross-examine the witness.
Failure of a certificate holder to comply with a duly-issued, investigatory subpoena may be grounds for revocation, suspension, or denial of a certificate.
(b-10) All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Teacher Certification Board under this Section is confidential and must not be disclosed to third SB2091 Engrossed - 30 - LRB095 18099 NHT 44182 b parties, except (i) as necessary for the State Superintendent of Education or his or her designee to investigate and prosecute pursuant to this Article, (ii) pursuant to a court order, (iii) for disclosure to the certificate holder or his or her representative, or (iv) as otherwise required in this Article and provided that any such information admitted into evidence in a hearing shall be exempt from this confidentiality and non-disclosure requirement.
(c-5) Any circuit court, upon the application of the State Superintendent of Education, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers as part of any investigation or at any hearing the State Teacher Certification Board State Superintendent of Education is authorized to conduct pursuant to this Section, and the court may compel obedience to its SB2091 - 25 - LRB095 18099 NHT 44182 b orders by proceedings for contempt.
(c-5) Any circuit court, upon the application of the State Superintendent of Education or the certificate holder, may, by order duly entered, require the attendance of witnesses and the production of relevant books and papers as part of any investigation or at any hearing the State Teacher Certification Board State Superintendent of Education is authorized to conduct pursuant to this Section, and the court may compel SB2091 Engrossed - 31 - LRB095 18099 NHT 44182 b obedience to its orders by proceedings for contempt.
When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the SB2091 - 26 - LRB095 18099 NHT 44182 b certificate.
When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the SB2091 Engrossed - 32 - LRB095 18099 NHT 44182 b certificate.
(1) any offense defined in Sections 11-6 and 11-9.1 through 11-9.5, inclusive, 11-9 and Sections 11-14 through 11-21, inclusive, Sections 11-23 (if punished as a Class 3 felony) and 11-24, and Sections 12-4.9, 12-13, 12-14, 12-14.1, 12-15, and 12-16, 12-32, and 12-33 of the Criminal Code of 1961;
(1) any offense defined in Sections 11-6 and 11-9 through 11-9.5, inclusive, and Sections 11-14 through 11-21, inclusive, Sections 11-23 (if punished as a Class 3 felony) and 11-24, and Sections 12-4.9, 12-13, 12-14, 12-14.1, 12-15, and 12-16, 12-32, and 12-33 of the Criminal Code of 1961;
(1) any offense defined in the Cannabis Control Act except those defined in Sections 4(a), 4(b) and 5(a) of that Act and any offense for which the holder of any certificate is placed on probation under the provisions of Section 10 of that Act and fulfills the terms and conditions of probation as may be required by the court;
(1) any offense defined in the Cannabis Control Act, except those defined in Sections 4(a), 4(b) and 5(a) of that Act and any offense for which the holder of any certificate is placed on probation under the provisions of Section 10 of that Act, provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception and fulfills the terms and conditions of probation as may be required by the court;
(2) any offense defined in the Illinois Controlled Substances Act except any offense for which the holder of any certificate is placed on probation under the provisions of Section 410 of that Act and fulfills the terms and conditions of probation as may be required by the court;
(2) any offense defined in the Illinois Controlled Substances Act, except any offense for which the holder of any certificate is placed on probation under the provisions of Section 410 of that Act, provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception and fulfills the terms and conditions of SB2091 Engrossed - 33 - LRB095 18099 NHT 44182 b probation as may be required by the court;
(3) any offense defined in the Methamphetamine Control and Community Protection Act except any offense for which the holder of any certificate is placed on probation under the provision of Section 70 of that Act and fulfills the terms and SB2091 - 27 - LRB095 18099 NHT 44182 b conditions of probation as may be required by the court;
(3) any offense defined in the Methamphetamine Control and Community Protection Act, except any offense for which the holder of any certificate is placed on probation under the provision of Section 70 of that Act, provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception and fulfills the terms and conditions of probation as may be required by the court;
The changes made by this amendatory Act of the 95th General Assembly to the definition of "narcotics offense" in this subsection (a) are declaratory of existing law.
If the conviction is reversed and the holder is acquitted of that offense in a new trial or the charges that he or she committed that offense are dismissed, the suspending authority shall forthwith terminate the suspension of the certificate.
If the SB2091 Engrossed - 34 - LRB095 18099 NHT 44182 b conviction is reversed and the holder is acquitted of that offense in a new trial or the charges that he or she committed that offense are dismissed, the State Superintendent of Education suspending authority shall forthwith terminate the suspension of the certificate.
The stated offenses of "first degree murder", "attempted first degree murder", and "Class X felony" referred to in this Section include any offense committed in another state that, if committed in this State, would have been punishable as any one SB2091 - 28 - LRB095 18099 NHT 44182 b of the stated offenses.
The stated offenses of "first degree murder", "attempted first degree murder", and "Class X felony" referred to in this Section include any offense committed in another state that, if committed in this State, would have been punishable as any one of the stated offenses.
(a) Certified and noncertified applicants for employment with the school district 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.
(a) Certified and noncertified applicants for employment with the school district 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 SB2091 Engrossed - 35 - LRB095 18099 NHT 44182 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.
Authorization for the check shall 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 SB2091 - 29 - LRB095 18099 NHT 44182 b 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.
Authorization for the check shall 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 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 that the check of the applicant has been requested.
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 SB2091 Engrossed - 36 - LRB095 18099 NHT 44182 b that the check of the applicant has been requested.
The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such check, which fee shall be deposited in the State Police Services Fund and shall not SB2091 - 30 - LRB095 18099 NHT 44182 b exceed the cost of the inquiry;
The Department shall charge the school district or the appropriate regional superintendent a fee for conducting such check, which fee shall be deposited in the State Police Services Fund and shall not exceed the cost of the inquiry;
(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 SB2091 - 31 - LRB095 18099 NHT 44182 b Education, the State Teacher Certification Board or any other person necessary to the decision of hiring the applicant for employment.
SB2091 Engrossed - 37 - LRB095 18099 NHT 44182 b (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 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 SB2091 - 32 - LRB095 18099 NHT 44182 b 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 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.
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 SB2091 Engrossed - 38 - LRB095 18099 NHT 44182 b 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 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 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 Database as provided in subsection (a).
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 SB2091 Engrossed - 39 - LRB095 18099 NHT 44182 b history records check of the applicant through the Department of State Police and its own check of the Statewide Sex Offender Database as provided in subsection (a).
(c) The board of education shall not knowingly employ a person who has been convicted of a sex offense or narcotics offense, first degree murder, attempted first degree murder, SB2091 - 33 - LRB095 18099 NHT 44182 b conspiracy to commit first degree murder, attempted conspiracy to commit first degree murder, or a Class X felony.
(c) The board of education shall not knowingly employ a person who has been convicted of any offense that would subject him or her to certification suspension or revocation pursuant to Section 21-23a of this Code.
The offenses of "first degree murder", "attempted first degree murder", "conspiracy to commit first degree murder", "attempted conspiracy to commit first degree murder", and "Class X felony" referred to in this Section include any offense committed or attempted in another state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as any one of these offenses.
Further, the board of education shall not knowingly employ a person who has been found to be the perpetrator of sexual or physical abuse of any minor under SB2091 - 34 - LRB095 18099 NHT 44182 b 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.
Further, the board of education shall not knowingly employ a person who has been found to be SB2091 Engrossed - 40 - LRB095 18099 NHT 44182 b 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.
"Sex offense" as used in this Section means any one or more of the following offenses:
(1) Any offense under Sections 11-6, 11-9.1 through 11-9.5, inclusive, 11-14 through 11-21, inclusive, 11-23 (if punished as a Class 3 felony), 11-24, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, and 12-33 of the Criminal Code of 1961.
(2) An attempt to commit any of the offenses set forth in subdivision (1) of this subsection (c).
(3) Any offense committed or attempted in another state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the offenses set forth in subdivisions (1) and (2) of this subsection (c).
"Narcotics offense" as used in this Section means any one or more of the following offenses:
(A) Any offense under the Cannabis Control Act, except an offense defined in subdivision (a) or (b) of Section 4 or subdivision (a) of Section 5 of the Cannabis Control Act or an offense in which the person is placed on probation under Section 10 of the Cannabis Control Act and the person fulfills those terms and conditions of probation as may be required by the court.
(B) Any offense under the Illinois Controlled SB2091 - 35 - LRB095 18099 NHT 44182 b Substances Act, except an offense in which the person is placed on probation under Section 410 of the Illinois Controlled Substances Act and the person fulfills those terms and conditions of probation as may be required by the court.
(C) Any offense under the Methamphetamine Control and Community Protection Act, except an offense in which the person is placed on probation under Section 70 of the Methamphetamine Control and Community Protection Act and the person fulfills those terms and conditions of probation as may be required by the court.
(D) An attempt to commit any of the offenses set forth in clauses (A), (B), and (C) of this subsection (c).
(E) Any offense committed or attempted in another state or against the laws of the United States that, if committed or attempted in this State, would have been punishable as one or more of the offenses set forth in clauses (A), (B), (C), and (D) of this subsection (c).
(e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the board of education or the State Superintendent of Education may shall initiate the certificate suspension and SB2091 - 36 - LRB095 18099 NHT 44182 b revocation proceedings as authorized by law.
(e) Upon receipt of the record of a conviction of or a finding of child abuse by a holder of any certificate issued pursuant to Article 21 or Section 34-8.1 or 34-83 of the School Code, the board of education or the State Superintendent of Education may shall initiate the certificate suspension and revocation proceedings as authorized by law.
(e-5) The general superintendent of schools shall, in 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.
This notification must be submitted within 30 days after the dismissal or resignation.
The certificate holder must also be contemporaneously sent a copy of the notice by the superintendent.
All correspondence, documentation, and other information so received by the State Superintendent of Education, the State Board of Education, or the State Teacher SB2091 Engrossed - 41 - LRB095 18099 NHT 44182 b 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 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.
Except for an act of willful or wanton misconduct, any superintendent who provides notification as required in this subsection (e-5) shall have immunity from any liability, whether civil or criminal or that otherwise might result by reason of such action.
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 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 for conducting a check of the Statewide Sex Offender Database for each employee.
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 the educational service region in which the contracting school districts are located may, at the request of any such school SB2091 Engrossed - 42 - LRB095 18099 NHT 44182 b 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 for conducting a check of the Statewide Sex Offender Database for each employee.
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Action History

  1. Session Sine Die

  2. Rule 19(b) / Re-referred to Rules Committee

  3. Placed on Calendar Order of Non-Concurrence House Amendment(s) 1

  4. Senate Non-Concurs 01

  5. House Committee Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. William R. Haine

  6. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 21, 2008

  7. Secretary's Desk - Concurrence House Amendment(s) 01

  8. Third Reading - Short Debate - Passed 093-004-000

  9. Added Alternate Co-Sponsor Rep. Harry R. Ramey, Jr.

  10. Added Alternate Co-Sponsor Rep. Franco Coladipietro

  11. Added Alternate Co-Sponsor Rep. Dennis M. Reboletti

  12. Added Alternate Co-Sponsor Rep. Carolyn H. Krause

  13. Added Alternate Co-Sponsor Rep. Renée Kosel

  14. Added Alternate Co-Sponsor Rep. Sandra M. Pihos

  15. Added Alternate Co-Sponsor Rep. Ronald A. Wait

  16. Added Alternate Co-Sponsor Rep. Robert W. Pritchard

  17. Added Alternate Co-Sponsor Rep. Chapin Rose

  18. Added Alternate Co-Sponsor Rep. Rosemary Mulligan

  19. Added Alternate Co-Sponsor Rep. Rich Brauer

  20. Added Alternate Co-Sponsor Rep. Raymond Poe

  21. Added Alternate Co-Sponsor Rep. Sandy Cole

  22. Added Alternate Co-Sponsor Rep. Mike Fortner

  23. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  24. Added Alternate Co-Sponsor Rep. Jack D. Franks

  25. Added Alternate Co-Sponsor Rep. Sidney H. Mathias

  26. Added Alternate Co-Sponsor Rep. Donald L. Moffitt

  27. Added Alternate Co-Sponsor Rep. Brandon W. Phelps

  28. Added Alternate Co-Sponsor Rep. Dan Reitz

  29. Added Alternate Co-Sponsor Rep. Daniel V. Beiser

  30. Added Alternate Co-Sponsor Rep. Thomas Holbrook

  31. Added Alternate Co-Sponsor Rep. Michael K. Smith

  32. Added Alternate Co-Sponsor Rep. Patrick J Verschoore

  33. Placed on Calendar Order of 3rd Reading - Short Debate

  34. Second Reading - Short Debate

  35. Placed on Calendar 2nd Reading - Short Debate

  36. Do Pass as Amended / Short Debate Elementary & Secondary Education Committee; 016-000-002

  37. House Committee Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote

  38. House Committee Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee

  39. Added Alternate Chief Co-Sponsor Rep. Jerry L. Mitchell

  40. Added Alternate Chief Co-Sponsor Rep. Elizabeth Coulson

  41. Alternate Co-Sponsor Removed Rep. Naomi D. Jakobsson

  42. Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson

  43. Added Alternate Chief Co-Sponsor Rep. Dan Brady

  44. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  45. Committee Deadline Extended-Rule 9(b) May 23, 2008

  46. Assigned to Elementary & Secondary Education Committee

  47. Referred to Rules Committee

  48. First Reading

  49. Chief House Sponsor Rep. Roger L. Eddy

  50. Placed on Calendar Order of First Reading

  51. Arrived in House

  52. Third Reading - Passed; 051-001-000

  53. Added as Co-Sponsor Sen. Edward D. Maloney

  54. Placed on Calendar Order of 3rd Reading April 17, 2008

  55. Senate Floor Amendment No. 2 Adopted; Haine

  56. Second Reading

  57. Senate Floor Amendment No. 2 Recommend Do Adopt Education; 011-000-000

  58. Senate Floor Amendment No. 2 Rules Refers to Education

  59. Senate Floor Amendment No. 2 Referred to Rules

  60. Senate Floor Amendment No. 2 Filed with Secretary by Sen. William R. Haine

  61. Placed on Calendar Order of 2nd Reading April 1, 2008

  62. Do Pass as Amended Education; 009-000-000

  63. Senate Committee Amendment No. 1 Adopted

  64. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  65. Held in Education

  66. Senate Committee Amendment No. 1 Held in Education

  67. Senate Committee Amendment No. 1 Rules Refers to Education

  68. Senate Committee Amendment No. 1 Referred to Rules

  69. Senate Committee Amendment No. 1 Filed with Secretary by Sen. William R. Haine

  70. Held in Education

  71. Assigned to Education

  72. Referred to Rules

  73. First Reading

  74. Filed with Secretary by Sen. William R. Haine

Sponsors

  • William R. Haine · Cosponsor
  • Patrick J Verschoore · Cosponsor
  • Michael K. Smith · Cosponsor
  • Thomas Holbrook · Cosponsor
  • Daniel V. Beiser · Cosponsor
  • Dan Reitz · Cosponsor
  • Brandon W. Phelps · Cosponsor
  • Donald L. Moffitt · Cosponsor
  • Sidney H. Mathias · Cosponsor
  • Jack D. Franks · Cosponsor
  • Mike Fortner · Cosponsor
  • Sandy Cole · Cosponsor
  • Raymond Poe · Cosponsor
  • Rich Brauer · Cosponsor
  • Rosemary Mulligan · Cosponsor
  • Chapin Rose · Cosponsor
  • Robert W. Pritchard · Cosponsor
  • Ronald A. Wait · Cosponsor
  • Sandra M. Pihos · Cosponsor
  • Renée Kosel · Cosponsor
  • Carolyn H. Krause · Cosponsor
  • Dennis M. Reboletti · Cosponsor
  • Franco Coladipietro · Cosponsor
  • Jr. Harry R. Ramey · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 25 co-sponsors · 158 not signed on

Sponsors (0)

None.

Co-sponsors (25)

  • William R. Haine
  • Patrick J Verschoore
  • Michael K. Smith
  • Thomas Holbrook
  • Daniel V. Beiser
  • Dan Reitz
  • Brandon W. Phelps
  • Donald L. Moffitt
  • Sidney H. Mathias
  • Jack D. Franks
  • Mike Fortner
  • Sandy Cole
  • Raymond Poe
  • Rich Brauer
  • Rosemary Mulligan
  • Chapin Rose Republican
  • Robert W. Pritchard
  • Ronald A. Wait
  • Sandra M. Pihos
  • Renée Kosel
  • Carolyn H. Krause
  • Dennis M. Reboletti
  • Franco Coladipietro
  • Harry R. Ramey, Jr.
  • Chapa LaVia

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 93 Yea · 4 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 834018
Republican 4000
Democrat 6003
Total 934021
% of votes cast 79%3%0%18%
How each member voted (118)
Member Party Vote
Myers — Yea
Jefferies — Yea
Jefferson — Yea
Krause — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Mulligan — Yea
Munson — Yea
Nekritz — Yea
Osmond — Yea
Phelps — Yea
Schock — Yea
Sommer — Yea
McGuire — Yea
Turner — Yea
Verschoore — Yea
Bradley, John — Yea
Wait — Yea
Winters — Yea
Brady — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Hannig — Yea
Harris — Yea
Hernandez — Yea
Howard — Yea
Coladipietro — Yea
Cole — Yea
Coulson — Yea
Cross — Yea
Dunkin — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Granberg — Yea
Hamos — Yea
Hassert — Yea
Holbrook — Yea
Davis, Monique — Yea
Molaro — Nay
Lyons — Not Voting
Patterson — Not Voting
Pihos — Yea
Bradley, Richard — Not Voting
Mitchell, Jerry — Not Voting
Scully — Not Voting
Burke — Not Voting
Tryon — Not Voting
Watson — Not Voting
Washington — Not Voting
Yarbrough — Yea
Younge — Yea
Colvin — Not Voting
Cultra — Yea
Currie — Nay
D'Amico — Yea
Dugan — Not Voting
Durkin — Not Voting
Flowers — Nay
Gordon — Nay
Graham — Not Voting
Jakobsson — Yea
Kosel — Yea
Osterman — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Not Voting
Saviano — Yea
Schmitz — Yea
Soto — Yea
Lang — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Not Voting
May — Not Voting
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Moffitt — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Not Voting
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 51 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 42106
Democrat 9000
Republican 0001
Total 51107
% of votes cast 86%2%0%12%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Brady — Yea
Pankau — Yea
Peterson — Not Voting
Schoenberg — Yea
Munoz — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Viverito — Not Voting
Jones, J. — Yea
Wilhelmi — Yea
Demuzio — Nay
Sullivan — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Not Voting
Forby — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Kotowski — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Althoff — Not Voting
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

public-safety education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2091 do?
Amends the School Code and the Counties Code. Provides that it is a State's Attorney's duty to notify the State Superintendent of Education upon the conviction of any individual known to possess a certificate issued under the School Code of any of certain offenses or any other felony conviction. In the criminal history records check provisions of the School Code, makes changes concerning the offenses for which a school board may not knowingly employ a person. Provides that no one may be certified to teach or supervise in the public schools who has been convicted of certain offenses (instead of providing that in determining good character, any felony conviction of an applicant may be taken into consideration, but such a conviction shall not operate as a bar to registration). In provisions concerning suspension or revocation of a certificate, provides that the State Superintendent of Education has the exclusive authority to initiate the suspension of up to 5 calendar years or revocation of any certificate (instead of providing that a certificate may be suspended for a period not to exceed one calendar year by the regional superintendent of schools or for a period not to exceed 5 calendar years by the State Superintendent). With respect to certificate suspension and revocation, makes changes concerning an investigation, notice, a hearing, an appeal, and the offenses that are grounds for suspension and revocation. Makes other changes.
Who sponsors SB 2091?
SB 2091 is sponsored by William R. Haine, Patrick J Verschoore, Michael K. Smith, Thomas Holbrook, Daniel V. Beiser, Dan Reitz, Brandon W. Phelps, Donald L. Moffitt, Sidney H. Mathias, Jack D. Franks, Mike Fortner, Sandy Cole, Raymond Poe, Rich Brauer, Rosemary Mulligan, Chapin Rose (Republican), Robert W. Pritchard, Ronald A. Wait, Sandra M. Pihos, Renée Kosel, Carolyn H. Krause, Dennis M. Reboletti, Franco Coladipietro, Harry R. Ramey, Jr., and Chapa LaVia.
What is the current status of SB 2091?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2091?
Track SB 2091 free on One Click Politics — get push/email alerts when it moves.

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