Reviewing Criminal History Records for Employment in Illinois Schools: Overview & Requirements

Reviewing Criminal History Records for Employment in Illinois Schools IASPA January 25, 2018 Presented by Chris Hoffmann of Hodges, Loizzi, Eisenhammer, Rodick & Kohn LLP

Background Check - Components Fingerprint-based check of criminal history through Illinois State Police (IL convictions) and FBI (other states convictions reported to the FBI) IL Sex Offender Registry https://www.isp.state.il.us/sor/ IL Child Murderer and Violent Offender Against Youth Registry http://www.isp.state.il.us/cmvo/

Why all these parts? ISP response shows Illinois criminal history Counties are required to report CHRI data to ISP Criminal history from arrest state s attorney decision court charges/disposition custody/incarceration Revised responses (aka rapback ) Juvenile offenses sealed (not shown) FBI response shows criminal history Transmitted voluntarily by states to the FBI criminal repository (approximately 45% of disposition data) Federal offenses IL-SOR shows sex offender registration information including individuals required to register from out-of-state or age-of-minority sex offenses IL-CMVOAY shows child murderer and violent (not sex-based) offenses against children registration

Required School Personnel Certified & noncertified applicants for employment with public school district (including charter schools & CPS) 105 ILCS 5/10-21.9 and 105 ILCS 5/27A-5(g) (Charter Schools) 105 ILCS 5/34-18.5 (CPS) Applicants for employment at ISBE-recognized nonpublic schools 105 ILCS 5/2-3.25o Students teachers assigned to public or nonpublic ISBE-recognized schools (P.A. 96-1452; P.A. 99-0021) 105 ILCS 5/2-3.25o 105 ILCS 5/10-21.9(g) and 105 ILCS 5/34-18.5 Employees of firms contracting with a public school district (aka contractors ) in direct, daily contact with students 105 ILCS 5/10-21.9(f)

Employment Applicants Check must be initiated prior to commencing employment fingerprints transmitted via LiveScan to ISP & FBI recommend checking your board policy Applicant authorizes CHRI check Applicant receives copy of reports Applicant is not charged fee for CHRI check; but substitutes & student teachers pay for CHRI checks Regional Office of Education (ROE) may facilitate checks for certain applicants seeking employment in more than one school district simultaneously: Substitute teachers Concurrent part-time employees Educational support personnel

Student Teachers District conducts check prior to student teaching or required internship Student teacher pays for check; fee not to exceed the cost of the check Student teacher receives copy of reports Reports must be reviewed prior to commencing student teaching Secondary dissemination limited Section 21B-80 disqualifying convictions

Contractors CHRI check required on relevant employees of persons or firms holding contracts with a school district Direct, daily contact with students Determination made by contracting school district Onus on district to conduct check Fees may be term negotiated in contract ROE authorized to facilitate checks for contractors holding simultaneous contracts with more than one school district within the educational service region Reports returned to the district for review Individual employee receives copy of reports Firm/employer does not receive copy of employee s reports P.A. 97-0248 requires sharing contractors CHRI checks less than 1 year old on request by specific second entity

Optional Background Checks Who? Parent chaperones Volunteers Candidates doing fields, clinicals, observations Not required by The School Code check your Board Policy ISBE recommendation: fingerprint-based check

Sharing Secondary Dissemination of CHRI Checks Rule: No secondary dissemination (sharing) permitted between districts for certified or noncertified employees of school districts. New application for employment triggers requirement for new check. Exceptions: 1. Secondary dissemination permitted between school boards and ROEs for substitutes, concurrent part-time teachers and educational support personnel seeking employment in more than one district simultaneously. 2. Contractors CHRI checks, upon request, must be shared between schools, districts, community colleges and nonpublic schools, if report is less than 1 year old. (P.A. 97-0248 as amended by P.A. 99-0021) Each new potential employer develops acceptance policies (e.g., staleness, ensuring authenticity; no rapback)

Confidentiality Who is allowed to see a CHRI report? Applicant President of school board Regional Superintendent/ ROE (if facilitating check) IL State Police State Superintendent of Education State Educator Preparation and Licensure Board ( SEPLB or Licensure Board ) Any other person necessary to the decision of hiring the applicant Any unauthorized release of confidential information may be a violation of Section 7 of the Criminal Identification Act (20 ILCS 2630/7)

Storage of Criminal History Cover page can be with personnel file with other checklist or audit information Rest of report must be stored in secure confidential area Ensure proper destruction of reports

How to Read the IL and FBI Rap Sheet Guide to Understanding Criminal History Record Check Information http://www.isp.state.il.us/docs/5-727.pdf Header information Subject Identification Data Criminal History Data Arrest Section: Subject Identification, Arrest Charges, State s Attorney Filing Decision, Court Charges/ Disposition, Status Custodial Section: Subject Identification, Institution Information & Status

Conviction reviews Disqualify: Conviction for any offense listed in Section 21B-80 of The School Code Review: Any other felony within last 7 years in IL, another state or against U.S. or any misdemeanor Only Section 21B-80 convictions are automatic disqualifiers Obtain certified record of disposition Nexus to school, children or school district employment Consider age at commission and other aggravating and mitigating factors No school board (public or nonpublic) shall knowingly employ someone with a Section 21B-80 conviction

Disqualifying Convictions Certain sex offenses 720 ILCS 5/11 et seq. and 5/12 et seq. Drug or narcotic offenses listed in Cannabis Control Act 720 ILCS 550/1 et seq. except Section 4(a), 4(b), 4(c) or 5(a), 5(b) OR If successful completion of Section 10 probation Controlled Substances Act 720 ILCS 570/100 et seq. except if successful completion of Section 410 probation Methamphetamine Control Act 720 ILCS 646/1 et seq. except if successful completion of Section 70 probation Capital offenses: 1st degree murder, att. 1st degree murder, conspiracy to commit 1st degree murder, att. conspiracy to commit 1st degree murder Class X felonies Any attempt to commit above Any equivalent out-of-state or federal offense

Bars to Employment No school board shall knowingly employ a person who has been convicted of any offense that would subject him or her to license suspension or revocation pursuant to Section 21B- 80 of this Code. Further, no school board shall 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.

7-year Rule Drug convictions act as automatic bar for 7 years following the end of the sentence for the criminal offense. Sentence defined as including any period of supervision or probation that was imposed either alone or in combination with a period of incarceration. At that time, the conviction becomes reviewable.

Response to Applicant Model letter Enclose copy of background check reports Notify applicant of criminal convictions Notify applicant of opportunity for Access & Review

Hypotheticals Johnny Jones applied for a teacher position in your district. His background check from the Illinois State Police indicates he was arrested in 1997 for armed robbery (720 ILCS 5/18-2), a Class X felony. Is Johnny eligible for employment? Is there any other information you need? Donna Donatelli applied for a cashier position in your district. Her background check from the Illinois State Policy indicates she was convicted in 2014 of retail theft (720 ILCS 5/16-25), a Class A misdemeanor. Is Donna eligible for employment? Is there any other information you need? Molly Mollero applied for a custodian position in your district. Her background check from the FBI indicates she was convicted in 2011 of violating Section 4(d) of the Cannabis Control Act (possession of more than 100 grams of cannabis), which is a Class 4 felony. She was sentenced to two years in prison and completed her sentence in July 2013. Is Molly eligible for employment? Is there any other information you need? What if she was convicted in 2008 and completed her two-year sentence in July 2010?

Web Resources Illinois State Police http://www.isp.state.il.us/ ISP Guide to Understanding Criminal History Record Check Information http://www.isp.state.il.us/docs/5-727.pdf Illinois SOR http://www.isp.state.il.us/sor/ National SOR https://www.nsopw.gov/en/Search/Verification Illinois CMVOAY http://www.isp.state.il.us/cmvo/ IDOC Inmate Search https://www.illinois.gov/IDOC/OFFENDER/Pages/InmateSearch.aspx Federal Bureau of Prisons Inmate Search http://www.bop.gov/inmateloc/ ISBE CHRI Guidance http://www.isbe.net/pdf/guidance_chr.pdf LiveScan Vendors https://www.idfpr.com/LicenseLookUp/fingerprintlist.asp Access & Review http://www.isp.state.il.us/crimhistory/viewingchrircds.cfm

Thank you! Questions?