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Full Text of HB4480
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HB4480 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4480
Introduced 1/20/2026, by Rep. Michelle Mussman
SYNOPSIS AS INTRODUCED:
105 ILCS 5/22-85.5
105 ILCS 5/22-94
Amends the School Code. In provisions concerning sexual misconduct in
schools, provides that guidelines established for certain situations and
all available methods for how to report staff-student boundary violations
within a school and to external agencies must be posted on the website, if
any, of each school district, charter school, or nonpublic school and must
be included in any staff, student, and (instead of or) parent handbook
provided by the school district, charter school, or nonpublic school
(instead of nonpublic, nonsectarian elementary or secondary school). In
provisions concerning an employment history review, requires a job
applicant to provide the name, address, telephone number, and other
relevant contact information of the applicant's current employer only if
the applicant has direct contact with children or students at the
applicant's current employer. Provides that for a licensed substitute
teacher who is seeking employment in more than one school district, a
school district's regional office of education or intermediate service
center may collect and share specified information and records. Provides
that a regional office of education's or intermediate service center's
participation in the employment history review shall be limited to
collecting such information and records and sharing the information and
records with the school district or school districts. Sets forth other
provisions concerning a regional office of education's or intermediate
service center's participation in the employment history review and how
long the review remains valid. Makes corresponding changes.
LRB104 18024 LNS 31463 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY
A BILL FOR
HB4480
LRB104 18024 LNS 31463 b
1
AN ACT concerning education.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The School Code is amended by changing Sections
5
22-85.5 and 22-94 as follows:
6
(105 ILCS 5/22-85.5)
7
Sec. 22-85.5.
Sexual misconduct in schools.
8
(a) This Section applies beginning on July 1, 2022.
9
(b) The General Assembly finds that:
10
(1) the success of students in school relies on safe
11
learning environments and healthy relationships with
12
school personnel;
13
(2) it is important for staff to maintain a
14
professional relationship with students at all times and
15
to define staff-student boundaries to protect students
16
from sexual misconduct by staff and staff from the
17
appearance of impropriety;
18
(3) many breaches of staff-student boundaries do not
19
rise to the level of criminal behavior but do pose a
20
potential risk to student safety;
21
(4) repeated violations of staff–student boundaries
22
can indicate the grooming of a student for sexual abuse;
23
(5) it is necessary to uphold the State Board of
HB4480
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LRB104 18024 LNS 31463 b
1
Education's Code of Ethics for Illinois Educators and for
2
each school district, charter school, or nonpublic school
3
to have an employee code of professional conduct policy;
4
(6) each school district, charter school, or nonpublic
5
school must have the ability to discipline educators for
6
breaches of its employee code of professional conduct
7
policy;
8
(7) each school district, charter school, or nonpublic
9
school must have the ability to know if any of its
10
educators have violated professional staff–student
11
boundaries in previous employment; and
12
(8) as bystanders, educators may have knowledge of
13
concerning behaviors that no one else is aware of, so they
14
need adequate training on sexual abuse, the employee code
15
of professional conduct policy, and federal and State
16
reporting requirements.
17
(c) In this Section, "sexual misconduct" means any act,
18
including, but not limited to, any verbal, nonverbal, written,
19
or electronic communication or physical activity, by an
20
employee or agent of the school district, charter school, or
21
nonpublic school with direct contact with a student that is
22
directed toward or with a student to establish a romantic or
23
sexual relationship with the student. Such an act includes,
24
but is not limited to, any of the following:
25
(1) A sexual or romantic invitation.
26
(2) Dating or soliciting a date.
HB4480
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LRB104 18024 LNS 31463 b
1
(3) Engaging in sexualized or romantic dialog.
2
(4) Making sexually suggestive comments that are
3
directed toward or with a student.
4
(5) Self-disclosure or physical exposure of a sexual,
5
romantic, or erotic nature.
6
(6) A sexual, indecent, romantic, or erotic contact
7
with the student.
8
(d) To prevent sexual misconduct with students, each
9
school district, charter school, or nonpublic school shall
10
develop an employee code of professional conduct policy that
11
addresses all of the following:
12
(1) Incorporates the Code of Ethics for Illinois
13
Educators.
14
(2) Incorporates the definition of "sexual misconduct"
15
in this Section.
16
(3) Identifies the expectations for employees and
17
agents of the school district, charter school, or
18
nonpublic school regarding how to maintain a professional
19
relationship with students, including the expectations for
20
staff-student boundaries, recognizing the age and
21
developmental level of the students served, and
22
establishes guidelines for all of the following
23
situations:
24
(A) Transporting a student.
25
(B) Taking or possessing a photo or a video of a
26
student.
HB4480
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LRB104 18024 LNS 31463 b
1
(C) Meeting with a student or contacting a student
2
outside of the employee's or agent's professional
3
role.
4
(4) References the employee reporting requirements
5
required under the Abused and Neglected Child Reporting
6
Act and under Title IX of the federal Education Amendments
7
of 1972.
8
(5) References required employee training that is
9
related to child abuse and educator ethics that are
10
applicable under State and federal law.
11
(e) The employee code of professional conduct policy
,
12
guidelines established for all of the situations identified in
13
paragraph (3) of subsection (d), and all available methods for
14
how to report staff-student boundary violations within a
15
school and to external agencies
must be posted on the website,
16
if any, of each school district, charter school, or nonpublic
17
school and must be included in any staff, student,
and
or
18
parent handbook provided by the school district, charter
19
school, or nonpublic
, nonsectarian elementary or secondary
20
school.
21
(f) A violation of the employee code of professional
22
conduct policy may subject an employee to disciplinary action
23
up to and including dismissal from employment. Failure to
24
report a violation of the employee code of professional
25
conduct policy may subject an employee to disciplinary action
26
up to and including dismissal from employment.
HB4480
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LRB104 18024 LNS 31463 b
1
(Source: P.A. 102-676, eff. 12-3-21.)
2
(105 ILCS 5/22-94)
3
Sec. 22-94.
Employment history review.
4
(a) This Section applies to all permanent and temporary
5
positions for employment with a school or a contractor of a
6
school involving direct contact with children or students.
7
(b) In this Section:
8
"Contractor" means firms holding contracts with any
9
school
,
including, but not limited to, food service workers,
10
school bus drivers
,
and other transportation employees, who
11
have direct contact with children or students.
12
"Direct contact with children or students" means the
13
possibility of care, supervision, guidance, or control of
14
children or students or routine interaction with children or
15
students.
16
"School" means a public or nonpublic elementary or
17
secondary school.
18
"Sexual misconduct" has the meaning ascribed to it in
19
subsection (c) of Section 22-85.5 of this Code.
20
(c) Prior to hiring an applicant to work directly with
21
children or students, a school or contractor must ensure that
22
the following criteria are met:
23
(1) the school or contractor has no knowledge or
24
information pertaining to the applicant that would
25
disqualify the applicant from employment;
HB4480
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LRB104 18024 LNS 31463 b
1
(2) the applicant swears or affirms that the applicant
2
is not disqualified from employment;
3
(3) using the template developed by the State Board of
4
Education, the applicant provides all of the following:
5
(A) a list, including the name, address, telephone
6
number, and other relevant contact information of the
7
following:
8
(i) the applicant's current employer
if the
9
applicant has direct contact with children or
10
students at the applicant's current employer
;
11
(ii) all former employers of the applicant
12
that were schools or school contractors, as well
13
as all former employers at which the applicant had
14
direct contact with children or students;
15
(B) A written authorization that consents to and
16
authorizes disclosure by the applicant's current and
17
former employers under subparagraph (A) of this
18
paragraph (3) of the information requested under
19
paragraph (4) of this subsection (c) and the release
20
of related records and that releases those employers
21
from any liability that may arise from such disclosure
22
or release of records pursuant to subsection (e).
23
(C) A written statement of whether the applicant:
24
(i) has been the subject of a sexual
25
misconduct allegation, unless a subsequent
26
investigation resulted in a finding that the
HB4480
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LRB104 18024 LNS 31463 b
1
allegation was false, unfounded, or
2
unsubstantiated;
3
(ii) has ever been discharged from, been asked
4
to resign from, resigned from, or otherwise been
5
separated from any employment, has ever been
6
disciplined by an employer, or has ever had an
7
employment contract not renewed due to an
8
adjudication or finding of sexual misconduct or
9
while an allegation of sexual misconduct was
10
pending or under investigation, unless the
11
investigation resulted in a finding that the
12
allegation was false, unfounded, or
13
unsubstantiated; or
14
(iii) has ever had a license or certificate
15
suspended, surrendered, or revoked or had an
16
application for licensure, approval, or
17
endorsement denied due to an adjudication or
18
finding of sexual misconduct or while an
19
allegation of sexual misconduct was pending or
20
under investigation, unless the investigation
21
resulted in a finding that the allegation was
22
false, unfounded, or unsubstantiated.
23
(4) The school
,
or
contractor
, or regional office of
24
education or intermediate service center on behalf of a
25
school district, pursuant to paragraph (1.5) of subsection
26
(i),
shall initiate a review of the employment history of
HB4480
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LRB104 18024 LNS 31463 b
1
the applicant by contacting those employers listed by the
2
applicant under subparagraph (A) of paragraph (3) of this
3
subsection (c) and, using the template developed by the
4
State Board of Education, request all of the following
5
information:
6
(A) the dates of employment of the applicant;
7
(B) a statement as to whether the applicant:
8
(i) has been the subject of a sexual
9
misconduct allegation, unless a subsequent
10
investigation resulted in a finding that the
11
allegation was false, unfounded, or
12
unsubstantiated;
13
(ii) was discharged from, was asked to resign
14
from, resigned from, or was otherwise separated
15
from any employment, was disciplined by the
16
employer, or had an employment contract not
17
renewed due to an adjudication or finding of
18
sexual misconduct or while an allegation of sexual
19
misconduct was pending or under investigation,
20
unless the investigation resulted in a finding
21
that the allegation was false, unfounded, or
22
unsubstantiated; or
23
(iii) has ever had a license or certificate
24
suspended, surrendered, or revoked due to an
25
adjudication or finding of sexual misconduct or
26
while an allegation of sexual misconduct was
HB4480
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LRB104 18024 LNS 31463 b
1
pending or under investigation, unless the
2
investigation resulted in a finding that the
3
allegation was false, unfounded, or
4
unsubstantiated.
5
(C) The template shall include the following
6
option: if the employer does not have records or
7
evidence regarding the questions in items (i) through
8
(iii) of subparagraph (B) of paragraph (4) of
this
9
subsection (c), the employer may state that there is
10
no knowledge of information pertaining to the
11
applicant that would disqualify the applicant from
12
employment.
13
(5) For applicants licensed by the State Board of
14
Education, the school district, charter school, or
15
nonpublic school shall verify the applicant's reported
16
previous employers with previous employers in the State
17
Board of Education's educator licensure database to ensure
18
accuracy.
19
(d) An applicant who provides false information or
20
willfully fails to disclose information required in subsection
21
(c) shall be subject to discipline, up to and including
22
termination or denial of employment.
23
(e) No later than 20 days after receiving a request for
24
information required under paragraph (4) of subsection (c), an
25
employer who has or had an employment relationship with the
26
applicant shall disclose the information requested. If the
HB4480
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LRB104 18024 LNS 31463 b
1
employer has an office of human resources or a central office,
2
information shall be provided by that office. The employer who
3
has or had an employment relationship with the applicant shall
4
disclose the information on the template developed by the
5
State Board of Education. For any affirmative response to
6
items (i) through (iii) of subparagraph (B) of paragraph (4)
7
of
or
subsection (c), the employer who has or had an employment
8
relationship with the applicant shall provide additional
9
information about the matters disclosed and all related
10
records.
11
A school shall complete the template at time of separation
12
from employment, or at the request of the employee, and
13
maintain it as part of the employee's personnel file. If the
14
school completes an investigation after an employee's
15
separation from employment, the school shall update the
16
information accordingly.
17
Information received under this Section shall not be
18
deemed a public record.
19
A school or contractor who receives information under this
20
subsection (e) may use the information for the purpose of
21
evaluating an applicant's fitness to be hired or for continued
22
employment and may report the information, as appropriate, to
23
the State Board of Education, a State licensing agency, a law
24
enforcement agency, a child protective services agency,
25
another school or contractor, or a prospective employer.
26
An employer, school, school administrator,
regional office
HB4480
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LRB104 18024 LNS 31463 b
1
of education or intermediate service center,
or contractor who
2
provides information or records about a current or former
3
employee or applicant under this Section is immune from
4
criminal and civil liability for the disclosure of the
5
information or records, unless the information or records
6
provided were knowingly false. This immunity shall be in
7
addition to and not a limitation on any other immunity
8
provided by law or any absolute or conditional privileges
9
applicable to the disclosure by virtue of the circumstances or
10
the applicant's consent to the disclosure and shall
extend
11
extent
to any circumstances
in which
when
the employer,
12
school, school administrator,
regional office of education or
13
intermediate service center,
or contractor in good faith
14
shares findings of sexual misconduct with another employer.
15
Unless the laws of another state prevent the release of
16
the information or records requested or disclosure is
17
restricted by the terms of a contract entered into prior to
18
July 1, 2023 (the effective date of Public Act 102-702) and
19
notwithstanding any other provisions of law to the contrary,
20
an employer, school, school administrator, contractor, or
21
applicant shall report and disclose, in accordance with this
22
Section, all relevant information, records, and documentation
23
that may otherwise be confidential.
24
(f) A school or contractor may not hire an applicant who
25
does not provide the information required under subsection (c)
26
for a position involving direct contact with children or
HB4480
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LRB104 18024 LNS 31463 b
1
students.
2
(g) Beginning on July 1, 2023 (the effective date of
3
Public Act 102-702), a school or contractor may not enter into
4
a collective bargaining agreement, an employment contract, an
5
agreement for resignation or termination, a severance
6
agreement, or any other contract or agreement or take any
7
action that:
8
(1) has the effect of suppressing information
9
concerning a pending investigation or a completed
10
investigation in which an allegation was substantiated
11
related to a report of suspected sexual misconduct by a
12
current or former employee;
13
(2) affects the ability of the school or contractor to
14
report suspected sexual misconduct to the appropriate
15
authorities; or
16
(3) requires the school or contractor to expunge
17
information about allegations or findings of suspected
18
sexual misconduct from any documents maintained by the
19
school or contractor, unless, after an investigation, an
20
allegation is found to be false, unfounded, or
21
unsubstantiated.
22
(h) Any provision of an employment contract or agreement
23
for resignation or termination or a severance agreement that
24
is executed, amended, or entered into on or after July 1, 2023
25
(the effective date of Public Act 102-702) and that is
26
contrary to this Section is void and unenforceable.
HB4480
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LRB104 18024 LNS 31463 b
1
(i) For substitute employees, all of the following apply:
2
(1)
Except as otherwise provided in paragraph (1.5) of
3
this subsection (i), the
The
employment history review
4
required by this Section is required only prior to the
5
initial hiring of a substitute employee or placement on a
6
school's approved substitute list and shall remain valid
7
as long as the substitute employee continues to be
8
employed by the same school or remains on the school's
9
approved substitute list.
10
(1.5) For a substitute teacher licensed under Section
11
21B-20 and seeking employment in more than one school
12
district, a school district's regional office of education
13
or intermediate service center may collect and share the
14
information and records under paragraphs (2), (3), and (4)
15
of subsection (c). A regional office of education's or
16
intermediate service center's participation in the
17
employment history review shall be limited to collecting
18
such information and records and sharing the information
19
and records with the school district or school districts.
20
A regional office of education or intermediate service
21
center may not use the information and records collected
22
for the purpose of evaluating a substitute teacher
23
applicant's fitness to be hired, and the school district
24
shall complete all aspects of the employment history
25
review process, unless otherwise agreed to with the
26
regional office of education or intermediate service
HB4480
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LRB104 18024 LNS 31463 b
1
center. The regional office of education or intermediate
2
service center is not responsible for the content or
3
completeness of the information or records shared by any
4
former employer or with the school district. A regional
5
office of education's or intermediate service center's
6
participation in the employment history review process
7
shall occur only prior to the initial hiring of a
8
substitute teacher by one of its member school districts
9
or prior to the initial placement of a substitute teacher
10
on the regional office of education's or intermediate
11
service center's approved substitute list. The employment
12
history review shall remain valid as long as the
13
substitute teacher continues to be employed by a school
14
district within the regional office of education's or
15
intermediate service center's jurisdiction or remains on
16
the regional office of education's or intermediate service
17
center's approved substitute list. A regional office of
18
education or intermediate service center participating in
19
the employment history review process shall promptly
20
provide the school district in which the substitute
21
teacher is seeking employment with the collected
22
information and records. If the regional office of
23
education or intermediate service center receives updated
24
employment history review information or records, the
25
information or records shall be shared with the applicable
26
school districts by the regional office of education or
HB4480
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LRB104 18024 LNS 31463 b
1
intermediate service center as provided in this Section.
2
If, at any time, a school district has information or
3
records that the school district would have immunity from
4
liability to share as part of an employment history
5
review, then the school district and its employees are
6
immune from liability on the same terms as provided in
7
subsection (e) if sharing such information or records with
8
the regional office of education or intermediate service
9
center that maintains the applicable approved substitute
10
list.
11
(2)
Except as otherwise provided in paragraph (1.5) of
12
this subsection (i), a
A
substitute employee seeking to be
13
added to another school's substitute list shall undergo an
14
additional employment history review under this Section.
15
Except as otherwise provided in
paragraph (1.5) or
16
paragraph
(3) of this subsection (i) or in subsection (k),
17
the appearance of a substitute employee on one school's
18
substitute list does not relieve another school from
19
compliance with this Section.
20
(3) An employment history review conducted upon
21
initial hiring of a substitute employee by a contractor or
22
any other entity that furnishes substitute staffing
23
services to schools shall satisfy the requirements of this
24
Section for all schools using the services of that
25
contractor or other entity.
26
(4) A contractor or any other entity furnishing
HB4480
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LRB104 18024 LNS 31463 b
1
substitute staffing services to schools shall comply with
2
paragraphs (3) and (4) of subsection (j).
3
(j) For employees of contractors, all of the following
4
apply:
5
(1) The employment history review required by this
6
Section shall be performed, either at the time of the
7
initial hiring of an employee or prior to the assignment
8
of an existing employee to perform work for a school in a
9
position involving direct contact with children or
10
students. The review shall remain valid as long as the
11
employee remains employed by the same contractor, even if
12
assigned to perform work for other schools.
13
(2) A contractor shall maintain records documenting
14
employment history reviews for all employees as required
15
by this Section and, upon request, shall provide a school
16
for whom an employee is assigned to perform work access to
17
the records pertaining to that employee.
18
(3) Prior to assigning an employee to perform work for
19
a school in a position involving direct contact with
20
children or students, the contractor shall inform the
21
school of any instance known to the contractor in which
22
the employee:
23
(A) has been the subject of a sexual misconduct
24
allegation unless a subsequent investigation resulted
25
in a finding that the allegation was false, unfounded,
26
or unsubstantiated;
HB4480
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LRB104 18024 LNS 31463 b
1
(B) has ever been discharged, been asked to resign
2
from, resigned from, or otherwise been separated from
3
any employment, been removed from a substitute list,
4
been disciplined by an employer, or had an employment
5
contract not renewed due to an adjudication or finding
6
of sexual misconduct or while an allegation of sexual
7
misconduct was pending or under investigation, unless
8
the investigation resulted in a finding that the
9
allegation was false, unfounded, or unsubstantiated;
10
or
11
(C) has ever had a license or certificate
12
suspended, surrendered, or revoked due to an
13
adjudication or finding of sexual misconduct or while
14
an allegation of sexual misconduct was pending or
15
under investigation, unless the investigation resulted
16
in a finding that the allegation was false, unfounded,
17
or unsubstantiated.
18
(4) The contractor may not assign an employee to
19
perform work for a school in a position involving direct
20
contact with children or students if the school objects to
21
the assignment after being informed of an instance listed
22
in paragraph (3).
23
(k) An applicant who has undergone an employment history
24
review under this Section and seeks to transfer to or provide
25
services to another school in the same school district,
26
diocese, or religious jurisdiction, or to another school
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1
established and supervised by the same organization is not
2
required to obtain additional reports under this Section
3
before transferring.
4
(l) Nothing in this Section shall be construed:
5
(1) to prevent a prospective employer from conducting
6
further investigations of prospective employees or from
7
requiring applicants to provide additional background
8
information or authorizations beyond what is required
9
under this Section, nor to prevent a current or former
10
employer from disclosing more information than what is
11
required under this Section;
12
(2) to relieve a school, school employee, contractor
13
of the school, or agent of the school from any legal
14
responsibility to report sexual misconduct in accordance
15
with State and federal reporting requirements;
16
(3) to relieve a school, school employee, contractor
17
of the school, or agent of the school from any legal
18
responsibility to implement the provisions of Section 7926
19
of Chapter 20 of the United States Code; or
20
(4) to prohibit the right of the exclusive bargaining
21
representative under a collective bargaining agreement to
22
grieve and arbitrate the validity of an employee's
23
termination or discipline for just cause.
24
(m) The State Board of Education shall develop the
25
templates required under paragraphs (3) and (4) of subsection
26
(c).
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1
(Source: P.A. 104-417, eff. 8-15-25.)
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