[author: Maria Mazza]

This spring, the Illinois State Board of Education published an updated guidance document on Criminal History Records Information (CHRI) Checks for School Personnel. The guidance document provides an overview of the general requirements applicable to most school employees concerning CHRI checks mandated by Section 10-21.9 of the School Code as well as providing information concerning the requirements applicable to specific types of employees.

Section 10-21.9 requires that districts perform CHRI checks including: (1) fingerprint based checks through the Illinois State Police and the FBI; (2) a check of the Illinois Sex Offender Registry; and (3) a check of the Murderer and Violent Offender Against Youth Registry. This requirement applies to most school employees. Individuals convicted of the offenses listed in Section 21B -80 of the School Code are prohibited from being employed in public schools and recognized non-public schools.

Employers may consider any misdemeanor conviction or any felony conviction that occurred within the last seven years. ISBE recommends that each district have a policy in place regarding hiring eligibility for individuals who have convictions on their record that are not offenses listed in Section 21B-80 of the School Code to avoid disparate or discriminatory impact in hiring.

The guidance document provides information concerning the requirements applicable to specific types of noncertified persons working in schools. Volunteers and parent chaperones are not subject to CHRI check requirements, however, a school district may require a volunteer or parent chaperone to submit to a background check if appropriate. A relatively recent amendment to the School Code established the requirement that student teachers submit to CHRI checks prior to student teaching.

Nonpublic schools seeking ISBE recognition status must conduct CHRI checks on all certified and noncertified applicants for employment. Consistent with the requirement for public schools, employees of firms holding contracts with nonpublic schools (when such employees may come into direct, daily contact with students) must submit to fingerprint based CHRI checks.

The circumstances under which such reports can be shared with other schools is also discussed in the guidance document. If a school, school district, community college district or private school requests from a school district a copy of a CHRI report that the school district conducted on an employee of a contracting firm within the last year, that school district is required to share that report with the requesting entity.

The guidance document provides a useful reference regarding CHRI requirements applicable to school employees. Districts should review the guidance document to ensure that their policies and procedures are consistent with the CHRI requirements set forth in the School Code.