What to Expect After PA 102-702

Beginning July 1, 2023, there will be significant changes to the requirements for hiring new employees, both for school districts and contractors who work for school districts.  These changes will require substantial preparation.  Specifically, the changes create new requirements for background checks and employment verification for all persons hired by school districts or contractors who work directly with children beginning July 1, 2023, including requiring applicants for employment and contractors who work directly with children to affirm that they did not previously engage in sexual misconduct (as defined in Faith’s Law) against a minor, requiring applicants for employment and contractors who work directly with students to provide contact information for all previous jobs where they worked with children, requiring applicants for employment and contractors to consent to disclosure of certain information from these past employers, and requiring school districts and contractors to confirm this information with prior employers before employing the applicant.

Additionally, PA 102-702 creates a new Section 22-94 of the Illinois School Code which will require that prior to hiring an applicant to work directly with children or students, even on a temporary basis, a school or contractor must ensure that the following criteria are met:

(1) the school or contractor has no knowledge or information pertaining to the applicant that would disqualify the applicant from employment;

(2) the applicant swears or affirms that the applicant is not disqualified from employment;

(3) using the template developed by the State Board of Education, the applicant provides all of the following:

(A) a list, including the name, address, telephone number, and other relevant contact information of the following: (i) the applicant's current employer; (ii) all former employers of the applicant that were schools or school contractors, as well as all former employers at which the applicant had direct contact with children or students;

(B) A written authorization that consents to and authorizes disclosure by the applicant's current and former employers of the information requested and the release of related records and that releases those employers from any liability that may arise from such disclosure or release of records; and

(C) A written statement of whether the applicant: (i) has been the subject of a sexual misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; (ii) has ever been discharged from, been asked to resign from, resigned from, or otherwise been separated from any employment, has ever been disciplined by an employer, or has ever had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or (iii) has ever had a license or certificate suspended, surrendered, or revoked or had an application for licensure, approval, or endorsement denied due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.

(4) The school or contractor shall initiate a review of the employment history of the applicant by contacting those employers listed by the applicant and, using the template developed by the State Board of Education, request all of the following information:

(A) the dates of employment of the applicant;

(B) a statement as to whether the applicant: (i) has been the subject of a sexual misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; (ii) was discharged from, was asked to resign from, resigned from, or was otherwise separated from any employment, was disciplined by the employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or (iii) has ever had a license or certificate suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.

(C) The template shall include the following option: if the employer does not have records or evidence regarding the questions, the employer may state that there is no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.

(5) For applicants licensed by the State Board of Education, the school district, charter school, or nonpublic school shall verify the applicant's reported previous employers with previous employers in the State Board of Education's educator licensure database to ensure accuracy.

The statute has special provisions for completing this process for substitutes, and among other provisions, creates limits on liability and record-disclosing to the public under the statute. 

In addition, the statute creates another separate provision which requires verbal and written notification to parents if their child is the victim of alleged sexual misconduct by a school employee or contractor.

The statute creates a new Section 22-85.10 of the Illinois School Code which requires school districts to develop procedures to notify the parents or guardians of students with whom a district employee, agent, or contractor is alleged to have engaged in sexual misconduct and when any formal action is taken against the employee, including acceptance of the employee’s resignation.  First, the student must be notified in a developmentally appropriate matter indicating what information will be given to parent.

Next, parents shall be notified in writing of the alleged misconduct or board action as soon as feasible, subject to Children’s Advocacy Center reporting requirements.