Illinois Compiled Statutes
105 ILCS 5/ - School Code.
Article 23 - School Board Associations

(105 ILCS 5/Art. 23 heading)

 
(105 ILCS 5/22-94)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 22-94. Employment history review.
(a) This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students.
(b) In this Section:
"Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students.
"Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students.
"School" means a public or nonpublic elementary or secondary school.
"Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code.
(c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met:
(d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment.
(e) No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the
applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the
applicant shall provide additional information about the matters disclosed and all related records.
A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file. If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly.
Information received under this Section shall not be deemed a public record.
A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer.
An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer.
Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential.
(f) A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students.
(g) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
(h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable.
(i) For substitute employees, all of the following apply:
(j) For employees of contractors, all of the following apply:
(k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring.
(l) Nothing in this Section shall be construed:
(m) The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).

(Source: P.A. 102-702, eff. 7-1-23.)
 
(105 ILCS 5/23-1) (from Ch. 122, par. 23-1)
Sec. 23-1.
Purpose of article.
This Article has for its purpose the education of school board members
as to their duties and responsibilities so as to improve the management of
the public schools, through associations of school boards. The activities
of any association which complies with this Article are hereby declared to
constitute a public purpose.

(Source: Laws 1961, p. 31.)
 
(105 ILCS 5/23-2) (from Ch. 122, par. 23-2)
Sec. 23-2.

Boards
may form or join associations.
School boards are authorized to form, join and provide for the expenses
of associations of Illinois school boards formed for the purpose of
conducting county or regional school board institutes and otherwise
disseminating and interchanging information regarding school board
problems, duties and responsibilities, provided such associations comply
with the requirements of this Article.

(Source: Laws 1961, p. 31.)
 
(105 ILCS 5/23-3) (from Ch. 122, par. 23-3)
Sec. 23-3.

Filing
copy of constitution, by-laws and amendments.
Within 30 days after the adoption by any such association of its
constitution or by-laws or any amendment thereto, it shall file a copy
thereof, certified by its president and executive director, with the
Governor, the Superintendent of Public Instruction and the county
superintendent of schools of each county in which it has any membership.

(Source: Laws 1961, p. 31.)
 
(105 ILCS 5/23-4) (from Ch. 122, par. 23-4)
Sec. 23-4.
Election of officers and governing body.
The constitution or by-laws of any such association shall provide for
the election of its officers and governing body at an annual meeting of the
association, or in some other manner which will insure that all member
boards have an equal opportunity to participate in the election.

(Source: Laws 1961, p. 31.)
 
(105 ILCS 5/23-5) (from Ch. 122, par. 23-5)
Sec. 23-5.
Membership.
Any such association shall admit to its membership any school board
whose district lies wholly or in part within the area covered by the
association.

(Source: Laws 1961, p. 31.)
 
(105 ILCS 5/23-6) (from Ch. 122, par. 23-6)
Sec. 23-6.
Annual report.
Each association shall make an annual report within 60 days after the
close of its fiscal year to the Governor, the State Board of Education
and the regional
superintendent of schools of each region in
which it has members, setting forth the activities of the association
for the preceding fiscal year, the institutes held, the subjects
discussed, and the attendance, and shall furnish the Governor, the
State Board of Education and
such regional superintendents
with copies of all publications sent to its members.

(Source: P.A. 81-1508.)
 
(105 ILCS 5/23-7) (from Ch. 122, par. 23-7)
Sec. 23-7.
Compensation and expenses.
No school board member shall receive any compensation for service
rendered to any such association, whether as an officer or otherwise, but
shall be entitled to reimbursement for expenses actually incurred in the
work of such association.

(Source: Laws 1961, p. 31.)
 
(105 ILCS 5/23-8) (from Ch. 122, par. 23-8)
Sec. 23-8.

Powers
and duties.
Each association shall perform such duties and exercise such powers as
if it were a state institution for the purposes of Article 16 of the
"Illinois Pension Code", approved March 18, 1963, as amended.

(Source: Laws 1965, p. 3746.)

Structure Illinois Compiled Statutes