SCH CD-INVESTIGATE ED LICENSE

Illinois General Assembly - Full Text of SB3928

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of SB3928

Home

Legislation

Full Text

SB3928 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3928

Introduced 2/6/2026, by Sen. Meg Loughran Cappel

SYNOPSIS AS INTRODUCED:

105 ILCS 5/21B-75

Amends the Educator Licensure Article of the School Code. With regard
to the suspension or revocation of a license, endorsement, or approval,
provides that failure of the State Superintendent of Education to complete
its investigation and issue formal discipline or otherwise dispose of the
investigation within one year after the State Superintendent receives any
written investigatory evidence relating to a particular license holder
shall result in the investigation being deemed completed and the
allegations against the license holder shall be determined to be
unsubstantiated and dismissed with prejudice by the State Superintendent.
Provides that formal documentation of an unsubstantiated determination
shall state that no further action will be taken by the State
Superintendent arising from the same facts or circumstances and shall be
sent to the license holder within 45 business days after the
unsubstantiated determination.
LRB104 18414 LNS 31856 b

A BILL FOR

SB3928
LRB104 18414 LNS 31856 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 Section
5
21B-75 as follows:

6

(105 ILCS 5/21B-75)
7

Sec. 21B-75.
Suspension or revocation of license,
8
endorsement, or approval.
9

(a) As used in this Section, "teacher" means any school
10
district employee regularly required to be licensed, as
11
provided in this Article, in order to teach or supervise in the
12
public schools.
13

(b) The State Superintendent of Education has the
14
exclusive authority, in accordance with this Section and any
15
rules adopted by the State Board of Education, in consultation
16
with the State Educator Preparation and Licensure Board, to
17
initiate the suspension of up to 5 calendar years or
18
revocation of any license, endorsement, or approval issued
19
pursuant to this Article for abuse or neglect of a child,
20
sexual misconduct as defined in subsection (c) of Section
21
22-85.5 of this Code, immorality, a condition of health
22
detrimental to the welfare of pupils, incompetency,
23
unprofessional conduct (which includes the failure to disclose

SB3928
- 2 -
LRB104 18414 LNS 31856 b
1
on an employment application any previous conviction for a sex
2
offense, as defined in Section 21B-80 of this Code, or any
3
other offense committed in any other state or against the laws
4
of the United States that, if committed in this State, would be
5
punishable as a sex offense, as defined in Section 21B-80 of
6
this Code), the neglect of any professional duty, willful or
7
negligent failure to report an instance of suspected child
8
abuse or neglect as required by the Abused and Neglected Child
9
Reporting Act, or other just cause. Negligent failure to
10
report an instance of suspected child abuse or neglect occurs
11
when a teacher personally observes an instance of suspected
12
child abuse or neglect and reasonably believes, in his or her
13
professional or official capacity, that the instance
14
constitutes an act of child abuse or neglect under the Abused
15
and Neglected Child Reporting Act, and he or she, without
16
willful intent, fails to immediately report or cause a report
17
to be made of the suspected abuse or neglect to the Department
18
of Children and Family Services, as required by the Abused and
19
Neglected Child Reporting Act. Unprofessional conduct shall
20
include the refusal to attend or participate in institutes,
21
teachers' meetings, or professional readings or to meet other
22
reasonable requirements of the regional superintendent of
23
schools or State Superintendent of Education. Unprofessional
24
conduct also includes conduct that violates the standards,
25
ethics, or rules applicable to the security, administration,
26
monitoring, or scoring of or the reporting of scores from any

SB3928
- 3 -
LRB104 18414 LNS 31856 b
1
assessment test or examination administered under Section
2
2-3.64a-5 of this Code or that is known or intended to produce
3
or report manipulated or artificial, rather than actual,
4
assessment or achievement results or gains from the
5
administration of those tests or examinations. Unprofessional
6
conduct shall also include neglect or unnecessary delay in the
7
making of statistical and other reports required by school
8
officers. Incompetency shall include, without limitation, 2 or
9
more school terms of service for which the license holder has
10
received an unsatisfactory rating on a performance evaluation
11
conducted pursuant to Article 24A of this Code within a period
12
of 7 school terms of service. In determining whether to
13
initiate action against one or more licenses based on
14
incompetency and the recommended sanction for such action, the
15
State Superintendent shall consider factors that include
16
without limitation all of the following:
17

(1) Whether the unsatisfactory evaluation ratings
18

occurred prior to June 13, 2011 (the effective date of
19

Public Act 97-8).
20

(2) Whether the unsatisfactory evaluation ratings
21

occurred prior to or after the implementation date, as
22

defined in Section 24A-2.5 of this Code, of an evaluation
23

system for teachers in a school district.
24

(3) Whether the evaluator or evaluators who performed
25

an unsatisfactory evaluation met the pre-licensure and
26

training requirements set forth in Section 24A-3 of this

SB3928
- 4 -
LRB104 18414 LNS 31856 b
1

Code.
2

(4) The time between the unsatisfactory evaluation
3

ratings.
4

(5) The quality of the remediation plans associated
5

with the unsatisfactory evaluation ratings and whether the
6

license holder successfully completed the remediation
7

plans.
8

(6) Whether the unsatisfactory evaluation ratings were
9

related to the same or different assignments performed by
10

the license holder.
11

(7) Whether one or more of the unsatisfactory
12

evaluation ratings occurred in the first year of a
13

teaching or administrative assignment.
14
When initiating an action against one or more licenses, the
15
State Superintendent may seek required professional
16
development as a sanction in lieu of or in addition to
17
suspension or revocation. Any such required professional
18
development must be at the expense of the license holder, who
19
may use, if available and applicable to the requirements
20
established by administrative or court order, training,
21
coursework, or other professional development funds in
22
accordance with the terms of an applicable collective
23
bargaining agreement entered into after June 13, 2011 (the
24
effective date of Public Act 97-8), unless that agreement
25
specifically precludes use of funds for such purpose.
26

(c) The State Superintendent of Education shall, upon

SB3928
- 5 -
LRB104 18414 LNS 31856 b
1
receipt of evidence of abuse or neglect of a child,
2
immorality, a condition of health detrimental to the welfare
3
of pupils, incompetency (subject to subsection (b) of this
4
Section), unprofessional conduct, the neglect of any
5
professional duty, or other just cause, further investigate
6
and, if and as appropriate, serve written notice to the
7
individual and afford the individual opportunity for a hearing
8
prior to suspension, revocation, or other sanction; provided
9
that the State Superintendent is under no obligation to
10
initiate such an investigation if the Department of Children
11
and Family Services is investigating the same or substantially
12
similar allegations and its child protective service unit has
13
not made its determination, as required under Section 7.12 of
14
the Abused and Neglected Child Reporting Act. If the State
15
Superintendent of Education does not receive from an
16
individual a request for a hearing within 10 days after the
17
individual receives notice, the suspension, revocation, or
18
other sanction shall immediately take effect in accordance
19
with the notice. If a hearing is requested within 10 days after
20
notice of an opportunity for hearing, it shall act as a stay of
21
proceedings until the State Educator Preparation and Licensure
22
Board issues a decision. Any hearing shall take place in the
23
educational service region where the educator is or was last
24
employed and in accordance with rules adopted by the State
25
Board of Education, in consultation with the State Educator
26
Preparation and Licensure Board, and such rules shall include

SB3928
- 6 -
LRB104 18414 LNS 31856 b
1
without limitation provisions for discovery and the sharing of
2
information between parties prior to the hearing. The standard
3
of proof for any administrative hearing held pursuant to this
4
Section shall be by the preponderance of the evidence. The
5
decision of the State Educator Preparation and Licensure Board
6
is a final administrative decision and is subject to judicial
7
review by appeal of either party.
8

The State Board of Education may refuse to issue or may
9
suspend the license of any person who fails to file a return or
10
to pay the tax, penalty, or interest shown in a filed return or
11
to pay any final assessment of tax, penalty, or interest, as
12
required by any tax Act administered by the Department of
13
Revenue, until such time as the requirements of any such tax
14
Act are satisfied.
15

The exclusive authority of the State Superintendent of
16
Education to initiate suspension or revocation of a license
17
pursuant to this Section does not preclude a regional
18
superintendent of schools from cooperating with the State
19
Superintendent or a State's Attorney with respect to an
20
investigation of alleged misconduct.
21

(d) The State Superintendent of Education or his or her
22
designee may initiate and conduct such investigations as may
23
be reasonably necessary to establish the existence of any
24
alleged misconduct. At any stage of the investigation, the
25
State Superintendent may issue a subpoena requiring the
26
attendance and testimony of a witness, including the license

SB3928
- 7 -
LRB104 18414 LNS 31856 b
1
holder, and the production of any evidence, including files,
2
records, correspondence, or documents, relating to any matter
3
in question in the investigation. The subpoena shall require a
4
witness to appear at the State Board of Education at a
5
specified date and time and shall specify any evidence to be
6
produced. The license holder is not entitled to be present,
7
but the State Superintendent shall provide the license holder
8
with a copy of any recorded testimony prior to a hearing under
9
this Section. Such recorded testimony must not be used as
10
evidence at a hearing, unless the license holder has adequate
11
notice of the testimony and the opportunity to cross-examine
12
the witness. Failure of a license holder to comply with a duly
13
issued, investigatory subpoena may be grounds for revocation,
14
suspension, or denial of a license.
15

(e) All correspondence, documentation, and other
16
information so received by the regional superintendent of
17
schools, the State Superintendent of Education, the State
18
Board of Education, or the State Educator Preparation and
19
Licensure Board under this Section is confidential and must
20
not be disclosed to third parties, except (i) as necessary for
21
the State Superintendent of Education or his or her designee
22
to investigate and prosecute pursuant to this Article, (ii)
23
pursuant to a court order, (iii) for disclosure to the license
24
holder or his or her representative, or (iv) as otherwise
25
required in this Article and provided that any such
26
information admitted into evidence in a hearing is exempt from

SB3928
- 8 -
LRB104 18414 LNS 31856 b
1
this confidentiality and non-disclosure requirement.
2

(e-5) The State Superintendent of Education or his or her
3
designee may notify a license holder's current or most recent
4
employer, if the employer is a public school or school
5
district, charter school, special education cooperative,
6
nonpublic school, nonpublic special education facility, or
7
public school residential facility, that the license holder is
8
being investigated for an alleged act of misconduct that
9
constitutes a threat to the safety of students, including
10
serious physical injury, sexual misconduct as defined in
11
subsection (c) of Section 22-85.5 of this Code, or a sex or
12
other offense as defined in Section 21B-80 of this Code.
13

(f) The State Superintendent of Education or a person
14
designated by him or her shall have the power to administer
15
oaths to witnesses at any hearing conducted before the State
16
Educator Preparation and Licensure Board pursuant to this
17
Section. The State Superintendent of Education or a person
18
designated by him or her is authorized to subpoena and bring
19
before the State Educator Preparation and Licensure Board any
20
person in this State and to take testimony either orally or by
21
deposition or by exhibit, with the same fees and mileage and in
22
the same manner as prescribed by law in judicial proceedings
23
in civil cases in circuit courts of this State.
24

(g) Any circuit court, upon the application of the State
25
Superintendent of Education or the license holder, may, by
26
order duly entered, require the attendance of witnesses and

SB3928
- 9 -
LRB104 18414 LNS 31856 b
1
the production of relevant books and papers as part of any
2
investigation or at any hearing the State Educator Preparation
3
and Licensure Board is authorized to conduct pursuant to this
4
Section, and the court may compel obedience to its orders by
5
proceedings for contempt.
6

(h) The State Board of Education shall receive an annual
7
line item appropriation to cover fees associated with the
8
investigation and prosecution of alleged educator misconduct
9
and hearings related thereto.
10

(i) Failure of the State Superintendent of Education to
11
complete its investigation and issue formal discipline or
12
otherwise dispose of the investigation within one year after
13
the State Superintendent receives any written investigatory
14
evidence, including files, records, correspondence, or
15
documents, relating to a particular license holder shall
16
result in the investigation being deemed completed and the
17
allegations against the license holder shall be determined to
18
be unsubstantiated and dismissed with prejudice by the State
19
Superintendent. Upon request, the State Superintendent shall
20
provide the license holder with a date reflecting the receipt
21
of the initial written investigatory evidence. Formal
22
documentation of an unsubstantiated determination shall state
23
that no further action will be taken by the State
24
Superintendent arising from the same facts or circumstances
25
and shall be sent to the license holder within 45 business days
26
after the unsubstantiated determination. For settlement

SB3928
- 10 -
LRB104 18414 LNS 31856 b
1
purposes, the 45-business day timeline may be extended only by
2
mutual written agreement.

3
(Source: P.A. 104-373, eff. 1-1-26
.)

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn