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SB 4001

SCH CD-SUB BACKGROUND CHECK

104th Regular Session Introduced by Chapin Rose

SB4001 creates a Task Force to speed and unify substitute teacher background checks across districts, allowing reciprocity and streamlined, multi-district processing.

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Bill Summary · SB 4001

Summary of SB4001 (104th General Assembly, Illinois)

Title: SCH CD-SUB BACKGROUND CHECK

Jurisdiction: Illinois

introduced: February 6, 2026
sponsor: Sen. Chapin Rose
co-sponsor: Rep. (not listed)

Status: Introduced; bill text includes creation of a Task Force and amendments to the School Code. Effective date: immediate upon enactment.

Purpose and intent
- Create the Substitute Teacher Background Check Task Force to study and identify ways to:
- Expedite background checks for licensed substitute teachers.
- Establish reciprocity so licensed substitutes can teach across Regional Offices of Education (ROEs) jurisdictions without having to complete multiple background checks.
- Propose pathways through legislation, rules, and communication processes to implement reciprocity and streamline processes.

Key provisions and changes

1) Establishment of the Substitute Teacher Background Check Task Force (new)
- Purpose: Research and identify legislative, regulatory, and communication avenues to speed background checks and enable reciprocity for licensed substitute teachers across ROE jurisdictions.
- Leadership and meetings:
- Chaired by the State Superintendent of Education (or designee).
- First meeting on or before July 1, 2026.
- Task Force to meet at the call of the State Superintendent of Education.
- Composition:
- Representatives appointed by the State Superintendent of Education:
- 1 executive director representing an intermediate service center.
- 6 regional superintendents (one from ROEs in each of six educational service areas, including areas both inside and outside Cook County as specified).
- Administrative support and compensation:
- Provided by the State Board of Education.
- Members serve without compensation.
- Report:
- Must submit findings to the State Board of Education and the General Assembly on or before October 31, 2026.
- Task Force dissolves upon submission of its report.
- Effective date for Task Force provisions: immediate.

2) Amended background check provisions in the School Code (105 ILCS 5/10-21.9)
- Scope of background checks:
- All licensed and nonlicensed applicants for school district employment (except school bus drivers) must undergo fingerprint-based criminal history checks.
- Checks cover enumerated disqualifying offenses and certain felonies within 7 years, plus offenses from other states or federal law with similar consequences.
- Special provisions for substitute and multi-district employment:
- For substitute teachers or applicants seeking concurrent/part-time positions across multiple districts, authorization may be provided to the ROE to coordinate the background check process.
- ROEs may submit an applicant’s identifying information to the Illinois State Police (ISP) for a fingerprint-based check.
- ISP charges the district or ROE for the check (fee capped at the cost of the inquiry); applicants may be charged a fee for the check if they are substitutes, not to exceed the cost of the inquiry.
- The State Superintendent of Education may reimburse districts/ROEs for these fees, subject to appropriation.
- Statewide databases:
- Checks of the Statewide Sex Offender Database (Sex Offender Community Notification Law) must be conducted at least every 5 years for each employed applicant.
- Checks of the Statewide Murderer and Violent Offender Against Youth Database (Murderer and Violent Offender Against Youth Community Notification Law) must also be conducted at least every 5 years for each employed applicant.
- Confidentiality and disclosure:
- Convictions and relevant records are confidential and may be disclosed to designated officials and bodies (e.g., school superintendents, ROEs, State Board of Education, State Superintendent of Education, licensure boards) as needed to hire or adjudicate employment.
- A copy of conviction records provided to the applicant.
- Certificates for multi-district applicants:
- If a check yields no disqualifying findings, the ROE may issue a certificate to the applicant indicating no disqualifying findings as of the date certified.
- School boards may rely on certificates issued by ROEs or conduct their own ISP-driven checks.
- Subsection (b-5) allows ROEs to share information with the State Board of Education; the Board would indicate in the Educator Licensure Information System (ELIS) for 90 days whether the applicant has been issued a certificate.
- Student teaching background checks (employee/student teacher prerequisites):
- Before student teaching, student teachers must authorize fingerprint-based checks (paid by the student teacher, to a district where practice will occur).
- Districts must perform ISP fingerprint checks and check the Sex Offender and Murderer/Violent Offender databases for each student teacher, with records provided to the student teacher.
- Districts cannot allow student teaching if the student teacher has certain disqualifying convictions or findings of abuse/neglect; status must be considered per abuse/neglect findings.
- Confidentiality provisions apply to information obtained via these checks.
- Earlier employment controls:
- Districts must not knowingly employ individuals who have not had a background check initiated.
- Provisions for notifying the State Superintendent of Education within specified timelines of charges, convictions, or findings related to license holders.
- Licensure suspension/revocation actions may be pursued in response to qualifying findings.

3) Additional noteworthy provisions
- The bill emphasizes confidentiality and restrictions on unauthorized disclosure.
- It clarifies timelines for notifications to the State Superintendent of Education about pending charges and convictions.
- It authorizes immunities for superintendents/district officials for compliance actions unless there is willful or wanton misconduct.
- It includes rules around reciprocity and cross-district sharing to reduce redundant background checks for substitute and concurrent employment.

3) Effective date
- All provisions take effect immediately upon becoming law.

Potential impact and applicability

  • Substitutes and concurrent/part-time staff seeking work across multiple districts would face a more streamlined process, potentially reducing duplicate background checks.
  • Implementation depends on future regulations and availability of state funding to reimburse districts for background check costs.
  • The Task Force aims to provide a concrete path forward by late 2026, which could lead to new state law or rule changes to enable reciprocity and faster processing.
  • The bill maintains rigorous background check standards, with periodic checks and ongoing monitoring of sex offender and violent offender databases.

Overall, SB4001 seeks to modernize and streamline the background check system for substitute teachers and related personnel in Illinois, reduce redundancy across ROE jurisdictions, and establish a formal Task Force to study and recommend actionable changes within a concrete timeline.

Compiled from official sources — confirm details with the bill’s official record.

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