5:030-AP2 – Investigations

Immigration Investigation

All newly hired employees must complete section one of the U.S. Citizenship and Immigration Services Form I-9 (Form I-9) no later than three business days following their first working day (Immigration Reform and Control Act, 8 U.S.C. §1324a, 8 C.F.R. §274a.2). www.uscis.gov/i-9. If an individual is unable to provide the required documents to complete it, the individual may present a receipt for the application of the required documents within three days of the hire. The individual must then present the required documents within 90 days of the hire. The Superintendent or designee completes section two of the Form I-9 and confirms the employee’s information.

If the Employment Eligibility Verification System (E-Verify) is used to complete Form I-9, the Superintendent or designee will review the Ill. Dept. of Labor’s website and its E-Verify factsheet, available at: www.uscis.gov/e-verify/what-e-verify. See the Ill. Dept. of Labor Right to Privacy in the Workplace Act, 820 ILCS 55/12.

The completed Form I-9 shall be maintained in a file separate from other personnel records in order to prevent unauthorized review of personnel files. The Form I-9 shall be retained for a period of three years after the date of hire or one year after individual employment is terminated, whichever is later.

Fingerprint-based Criminal History Records Information Check (105 ILCS 5/10-21.9, amended by P.A.s 101-72 and 101-531)

A fingerprint-based criminal history records information check must be initiated prior to employment, but the District may permit the individual to be hired and begin employment pending its outcome. See Criminal History Records Information (CHRI) Checks for Certified and Non-certified School Personnel, at: www.isbe.net/Documents/guidance_chr.pdf.

A complete criminal history records check pursuant to 105 ILCS 5/10-21.9 consists of:

  1. Fingerprint-based checks through (a) the Ill. State Dept. of Police (ISP) for criminal history records information (CHRI) pursuant to the Uniform Conviction Information Act (20 ILCS 2635/), and (b) the Federal Bureau of Investigation (FBI) national crime information databases pursuant to the Adam Walsh Child Protection and Safety Act (Pub. L. 109-248),
  2. *A check of the Ill. Sex Offender Registry (see the Sex Offender Community Notification Law, 730 ILCS 152/ et seq.), and
  3. *A check of the Murderer and Violent Offender Against Youth Registry (see the Murderer and Violent Offender Against Youth Community Notification Law, 730 ILCS 154/75-154/105).

*These checks must be conducted by the District or the Regional Superintendent once every five years that an individual remains employed by the District. 105 ILCS 5/21.9(a-5), (a-6), amended by P.A. 101-531.

See also policy 4:175, Convicted Child Sex Offender; Screening; Notifications, and administrative procedure 4:175-AP1, Criminal Offender Notification Laws; Screening. Important: 20 ILCS 2630/5.2 outlines how an individual may petition to have an arrest record expunged by the arresting authority and the records of the arrest sealed by the circuit court clerk. It also details offenses for which an individual cannot have his or her conviction sealed.

Note: The following criminal history records check guides are also available:

  1. Guide to Understanding Criminal History Record Check Information is available at: isp.state.il.us/docs/5-727.pdf.
  2. ISBE’s non-regulatory guidance document, Criminal History Records Information (CHRI) Checks for Certified and Non-certified School Personnel, at: www.isbe.net/Documents/guidance_chr.pdf.

The following individuals are responsible for the actions listed:

Applicant – Each applicant for employment in any position (except bus drivers employed by a private student transportation contractor) must provide a written authorization for a complete criminal history records check at the time he or she submits the application.

Individual Student Teaching or beginning a required internship – Each individual student teaching or beginning a required internship must provide written authorization for, and pay the costs of, his or her criminal history records check (including any applicable vendor’s fees) prior to participating in any field experiences in the District. See 105 ILCS 5/10-21.9(g), amended by P.A. 101-531.

Applicant for Bus Driver – Each applicant for a bus driver position must complete the application required by the Secretary of State for a school bus driver permit (obtained from the District) and submit it to the District along with the necessary fingerprint submission as required by the ISP to conduct a fingerprint-based criminal history records check. The Superintendent or designee will conduct a pre-employment interview with prospective school bus driver candidates, distribute school bus driver applications and medical forms, and submit the applicant’s fingerprint cards to the ISP. The Superintendent or designee will certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed, including the successful completion of a criminal history records check as required by State law. The applicant must present the certification to the Secretary of State at the time of submitting the school bus driver permit application. See 625 ILCS 5/6-106.1, amended by P.A. 101-458, eff. 1-1-20; 92 Ill.Admin.Code 1035.

Superintendent or designee – Note: Add any additional steps to efficiently receive a complete criminal history records check.

  1. Fingerprint-Based Criminal History Records Check:

For all applicants, the Superintendent or designee completes the required forms to request the criminal history records checks from an appropriate ISP or LiveScan vendor. When the applicant is a successful superintendent candidate who has been offered employment by the Board, the School Board President shall ensure that these checks are completed. This may include submitting the applicant’s name, sex, race, date of birth, social security number, fingerprint images, and other identifiers to the ISP and FBI on the forms prescribed by each agency.

The Superintendent or designee, or when the applicant is a successful superintendent candidate who has been offered employment by the Board, the Board President, will provide the applicant with a copy of the ISP and FBI reports. Required by 105 ILCS 5/10-21.9(b) amended by P.A. 101-531.

The Superintendent or designee, or the Regional Superintendent, notifies the State Superintendent of Education in writing within 15 business days when a CHRI returns a conviction of a crime set forth in 105 ILCS 5/21B-80. 105 ILCS 5/21.9(e), amended by P.A. 101-531.

Note: For substitute teachers, superintendents will need to ensure that their districts perform these checks. Contact the board attorney and/or ISBE regarding the validity of a certificate of authorization, if a substitute teacher presents one. From 1-1-11 through 7-1-11, the Regional Superintendent of Schools or Suburban Cook County Intermediate Service Center, whichever is appropriate, was allowed to issue certificates of authorization to substitute teachers. Issuance of a certificate of authorization was proof that the substitute teacher applicant had met all of the requirements to substitute teach in the educational service region; i.e., a fingerprint-based criminal history records check, a physical examination, and a negative tuberculin test. Because P.A. 97-607 deleted certificates of authorization, substitute teachers no longer receive them because they no longer exist. For those substitute teachers who did receive them, there is not an answer to the question of whether their certificates of authorization are still valid. Attorneys in the field suggest looking for an expiration date on the certificate of authorization. If the document has no expiration date, it is likely invalid because the document no longer exists. If there is an expiration date, then the document is likely valid until the date listed.

For individuals student teaching or beginning a required internship, the Superintendent or designee ensures that the individual completes the required forms, authorizations, and provides payment to the District for the costs of completing a complete criminal history records check prior to student teaching or beginning a required internship (105 ILCS 5/10-21.9(g), amended by P.A. 101-531, and policy 5:260, Student Teachers). For more information, see also ISBE’s non-regulatory guidance document, Criminal History Records Information (CHRI) Checks for Certified and Non-certified School Personnel, available at: www.isbe.net/Documents/guidance_chr.pdf.

2.  Screen of the Statewide offender databases upon hire and every five years thereafter that an individual remains employed by the District. 105 ILCS 5/21.9(a-5), (a-6), amended by P.A. 101-531. The Superintendent or designee, or when the applicant is a successful superintendent candidate who has been offered employment by the Board, the Board President, performs a screen for each applicant of:

a.  The Statewide Sex Offender Registry, isp.state.il.us/sor, as authorized by the Sex Offender Community Notification Law (730 ILCS 152/101 et seq.), and

b.  The Statewide Murderer and Violent Offender Against Youth Registry isp.state.il.us/cmvo/, as authorized by the Murderer and Violent Offender Against Youth Community Notification Act (730 ILCS 154/75-154/105).

The Superintendent or designee, or when the applicant is a successful superintendent candidate who has been offered employment by the Board, the Board President,  notifies the individual if he or she is identified in the database as a sex offender. Required by 105 ILCS 5/10-21.9 (a-5), (a-6), and (b), amended by P.A. 101-531.The Superintendent or designee, or the Regional Superintendent, notifies the State Superintendent of Education in writing within 15 business days, when a database screen finds a registration for an individual licensed by ISBE. 105 ILCS 5/21.9(e), amended by P.A. 101-531.

ISP and FBI – The ISP and FBI furnish records of convictions (until expunged), pursuant to the District’s request, to the Board President. Note: The ISP and FBI must “furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to the president of the school board…”. See 105 ILCS 5/10-21.9(a) and (g), amended by P.A. 101-531. 20 ILCS 2630/3.3, added by P.A. 100-718, establishes authority for the ISP to collect fees from the District if wishes to participate in a Federal Rap Back Service. Rap Back Service is a capability of the FBI’s Next Generation Identification (NGI) system that provides authorized agencies notification of criminal activity and, in limited cases, of civil activity, that occurs after the initial processing and retention of criminal or civil transactions, e.g., an initial fingerprint-based criminal history records check. The Board may determine that it wants to participate. Participation includes ISP submitting fingerprints that the District orders to the FBI Rap Back Service to be retained for the purpose of being searched by future submissions to the FBI Rap Back Service. For a student teacher, the report shall be returned to the Superintendent or designee (see ISBE’s non-regulatory guidance document, Criminal History Records Information (CHRI) Checks for Certified and Non-certified School Personnel, at: www.isbe.net/Documents/guidance_chr.pdf).

Board President – The School Code requires the Board President to keep a conviction record confidential. The information may only be shared between the Board President, the Superintendent or designee, Regional Superintendent (if the check was requested by the District), State Superintendent of Education, State Educator Preparation and Licensure Board, any other person necessary to the hiring decision, or for clarification purposes, the ISP and/or Statewide Sex Offender Registry. See 105 ILCS 5/10-21.9(b), amended by P.A. 101-531, and 105 ILCS 5/21B-10. For further discussion about the practical implementation issues for the Board President to ensure that a fingerprint-based criminal history records information check and other database screens are initiated and completed prior to employment, see f/n 11 in 5:030-AP2, Investigations.

Regional Superintendent/Suburban Cook County Intermediate Service Center – The Superintendent or designee may require the applicant to authorize the Regional Superintendent or Suburban Cook County Intermediate Service Center, whichever is appropriate, to conduct the check when an applicant is (1) seeking employment in more than one District simultaneously as (a) a substitute teacher, (b) a concurrent part-time employee, and/or (c) educational support personnel, or (2) the employee works for a contractor holding contracts with more than one district. The Regional Superintendent or Suburban Cook County Intermediate Service Center, whichever is appropriate, also performs a check of the Statewide Sex Offender Registry, www.isp.state.il.us/sor, as authorized by the Sex Offender Community Notification Law (730 ILCS 152/115), and the Violent Offender Against Youth Registry, www.isp.state.il.us/cmvo/, as authorized by the Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-154/105). See 105 ILCS 5/10-21.9 (a-5), (a-6), and (b), amended by P.A. 101-72.

Contractors – The above requirements for a complete criminal history records check apply to all employees and agents of contractors who have direct, daily contact with students (105 ILCS 5/10-21.9(f)). Every contractor with the District shall: (1) make every employee or agent who will have direct, daily contact with students submit to a complete criminal history records check, (2) agree to a contract provision that it will make those employees available to the District for the criminal history records check, and (3) submit payment for the costs of the check(s) to the District.

Note: The provisions in 105 ILCS 5/10-21.9(f) and (g), amended by P.A. 101-531, apply to employees of contractors who have “direct, daily contact” with students. To be comprehensive and to eliminate uncertainty, this procedure and policy 4:175, Convicted Child Sex Offender; Screening; Notifications, may require a criminal history records check on all employees of contractors who may work in any school building or on school property. Whether the District uses the comprehensive language or the direct language from the School Code, the District, not the contractor, must perform the background checks. Contractors are not authorized under any State or federal law to: (1) conduct the required criminal history background checks; or (2) see the employee’s criminal history furnished by the ISP and the FBI. All contracts should also require the contractor to purchase insurance to cover misconduct by their employees and/or an indemnification clause. Additionally, the Superintendent or designee should check insurance coverage to determine whether employees of contractors are covered. See also policy 4:175, Convicted Child Sex Offender; Screening; Notifications, and administrative procedure 4:060-AP3, Criminal History Records Check of Contractor Employees, for the responsibilities of contractors. Last, if the District has received, within the last year, information that concerns the record of conviction and identification as a sex offender of any contractors’ employees, the District must provide the information to another school or school district that requests it (105 ILCS 5/10-21.9(f-5)). For more information, see ISBE’s non-regulatory guidance document, Criminal History Records Information (CHRI) Checks for Certified and Non-certified School Personnel, available at: www.isbe.net/Documents/guidance_chr.pdf. Unless notified by the individual named in a criminal history records information (CHRI) request or by the ISP that the information furnished in a CHRI report is inaccurate or incomplete, the District cannot be liable for damages to any person to whom the CHRI pertains for actions it reasonably took in reliance on the accuracy and completeness of CHRI report (20 ILCS 2635/7(A)(3)).

District – The School District complies with 105 ILCS 5/10-21.9, amended by P.A.s 101-72 and 101-531, and 5/21B-80, amended by P.A. 101-531. It will not knowingly employ a person, or allow a person to work or student teach/complete a required internship (105 ILCS 5/21.9(g)) on school grounds, who:

  1. Has been convicted of any one or more of the following offenses, until seven years following the end of the sentence for the criminal offense:
    1. Those defined in the Cannabis Control Act, 720 ILCS 550/, except: 720 ILCS 550/4(a), 550/4(b), 550/4(c), 550/5(a), 550/5(b) (each amended by P.A. 100-27), and any offense for which the holder of a license is placed on probation under the provisions of 550/10 provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception.
    2. Those defined in the Ill. Controlled Substances Act, 720 ILCS 570/100 et seq., except: any offense for which the holder of a license is placed on probation under the provisions of 570/410 provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception.
    3. Those defined in the Methamphetamine Control and Community Protection Act, 720 ILCS 646/, except: any offense for which the holder of a license is placed on probation under the provisions of 646/70 provided that if the terms and conditions of probation required by the court are not fulfilled, the offense is not eligible for this exception.
    4. Any attempt to commit any of the offenses listed in (a)-(c) of this section.
    5. Any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in Illinois, would have been punishable as one or more of the offenses listed in (a)-(d) of this section.
  2.  Has been convicted of committing or attempting to commit any one or more of the following offenses:
    1. Attempting to commit, conspiring to commit, soliciting or committing first-degree murder of any Class X felony
    2. Attempting to commit, conspiring to commit, soliciting or commiting any sex offense.  Sex offense means any offense defined in:
      1. Sections 11-6 and 11-9 through 11-9.5, inclusive, and 11-30 (if punished as a Class 4 felony) of the Criminal C ode of 1961 or the Criminal Code 2012
      2. Sections 11-14.1 through 11-21, inclusive of the Criminal Code of 1961 or the Criminal Code 2012
      3. Sections 11-23 (if punished as a Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal Code of 1961 or the Criminal Code of 2012; and
      4.  Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if punished pursuant to 26-4(d)(4) or (5)) of the Criminal Code of 1961 or the Criminal Code of 2012.
    3. Any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in Illinois, would have been punishable as one or more of the foregoing offenses.
  3. Has been found to be the perpetrator of sexual or physical abuse of any minor less than 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.
Reporting New Hires

The Superintendent or designee shall timely file an IRS Form W-4 or IDES New Hire Reporting Form for each newly hired employee with the Ill. Dept. of Employment Security. See 820 ILCS 405/1801.1. When the applicant is a successful superintendent candidate who has been offered employment by the Board, the Board President shall ensure either the retiring Superintendent or designee performs this task.

 

Date Adopted:   April 11, 2012

Date Amended:  April 22, 2014

Date Amended:    February 21, 2017

Date Amended:  January 21, 2020