HB 4480

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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,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
522-85.5 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	- 2 -	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,
18including, but not limited to, any verbal, nonverbal, written,
19or electronic communication or physical activity, by an
20employee or agent of the school district, charter school, or
21nonpublic school with direct contact with a student that is
22directed toward or with a student to establish a romantic or
23sexual relationship with the student. Such an act includes,
24but is not limited to, any of the following:
25        (1) A sexual or romantic invitation.
26        (2) Dating or soliciting a date.
		HB4480	- 3 -	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
9school district, charter school, or nonpublic school shall
10develop an employee code of professional conduct policy that
11addresses 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	- 4 -	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, 
12guidelines established for all of the situations identified in 
13paragraph (3) of subsection (d), and all available methods for 
14how to report staff-student boundary violations within a 
15school and to external agencies must be posted on the website,
16if any, of each school district, charter school, or nonpublic
17school and must be included in any staff, student, and [or]
18parent handbook provided by the school district, charter
19school, or nonpublic[, nonsectarian elementary or secondary]
20school.
21    (f) A violation of the employee code of professional
22conduct policy may subject an employee to disciplinary action
23up to and including dismissal from employment. Failure to
24report a violation of the employee code of professional
25conduct policy may subject an employee to disciplinary action
26up to and including dismissal from employment.
		HB4480	- 5 -	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
5positions for employment with a school or a contractor of a
6school involving direct contact with children or students.
7    (b) In this Section:
8    "Contractor" means firms holding contracts with any
9school, including, but not limited to, food service workers,
10school bus drivers, and other transportation employees, who
11have direct contact with children or students.
12    "Direct contact with children or students" means the
13possibility of care, supervision, guidance, or control of
14children or students or routine interaction with children or
15students.
16    "School" means a public or nonpublic elementary or
17secondary school.
18    "Sexual misconduct" has the meaning ascribed to it in
19subsection (c) of Section 22-85.5 of this Code.
20    (c) Prior to hiring an applicant to work directly with
21children or students, a school or contractor must ensure that
22the 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	- 6 -	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	- 7 -	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	- 8 -	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	- 9 -	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
20willfully fails to disclose information required in subsection
21(c) shall be subject to discipline, up to and including
22termination or denial of employment.
23    (e) No later than 20 days after receiving a request for
24information required under paragraph (4) of subsection (c), an
25employer who has or had an employment relationship with the
26applicant shall disclose the information requested. If the
		HB4480	- 10 -	LRB104 18024 LNS 31463 b
1employer has an office of human resources or a central office,
2information shall be provided by that office. The employer who
3has or had an employment relationship with the applicant shall
4disclose the information on the template developed by the
5State Board of Education. For any affirmative response to
6items (i) through (iii) of subparagraph (B) of paragraph (4)
7of [or] subsection (c), the employer who has or had an employment
8relationship with the applicant shall provide additional
9information about the matters disclosed and all related
10records.
11    A school shall complete the template at time of separation
12from employment, or at the request of the employee, and
13maintain it as part of the employee's personnel file. If the
14school completes an investigation after an employee's
15separation from employment, the school shall update the
16information accordingly.
17    Information received under this Section shall not be
18deemed a public record.
19    A school or contractor who receives information under this
20subsection (e) may use the information for the purpose of
21evaluating an applicant's fitness to be hired or for continued
22employment and may report the information, as appropriate, to
23the State Board of Education, a State licensing agency, a law
24enforcement agency, a child protective services agency,
25another school or contractor, or a prospective employer.
26    An employer, school, school administrator, regional office 
		HB4480	- 11 -	LRB104 18024 LNS 31463 b
1of education or intermediate service center, or contractor who
2provides information or records about a current or former
3employee or applicant under this Section is immune from
4criminal and civil liability for the disclosure of the
5information or records, unless the information or records
6provided were knowingly false. This immunity shall be in
7addition to and not a limitation on any other immunity
8provided by law or any absolute or conditional privileges
9applicable to the disclosure by virtue of the circumstances or
10the applicant's consent to the disclosure and shall extend
11[extent] to any circumstances in which [when] the employer,
12school, school administrator, regional office of education or 
13intermediate service center, or contractor in good faith
14shares findings of sexual misconduct with another employer.
15    Unless the laws of another state prevent the release of
16the information or records requested or disclosure is
17restricted by the terms of a contract entered into prior to
18July 1, 2023 (the effective date of Public Act 102-702) and
19notwithstanding any other provisions of law to the contrary,
20an employer, school, school administrator, contractor, or
21applicant shall report and disclose, in accordance with this
22Section, all relevant information, records, and documentation
23that may otherwise be confidential.
24    (f) A school or contractor may not hire an applicant who
25does not provide the information required under subsection (c)
26for a position involving direct contact with children or
		HB4480	- 12 -	LRB104 18024 LNS 31463 b
1students.
2    (g) Beginning on July 1, 2023 (the effective date of
3Public Act 102-702), a school or contractor may not enter into
4a collective bargaining agreement, an employment contract, an
5agreement for resignation or termination, a severance
6agreement, or any other contract or agreement or take any
7action 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
23for resignation or termination or a severance agreement that
24is executed, amended, or entered into on or after July 1, 2023
25(the effective date of Public Act 102-702) and that is
26contrary to this Section is void and unenforceable.
		HB4480	- 13 -	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	- 14 -	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	- 15 -	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	- 16 -	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
4apply:
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	- 17 -	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
24review under this Section and seeks to transfer to or provide
25services to another school in the same school district,
26diocese, or religious jurisdiction, or to another school
		HB4480	- 18 -	LRB104 18024 LNS 31463 b
1established and supervised by the same organization is not
2required to obtain additional reports under this Section
3before 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
25templates required under paragraphs (3) and (4) of subsection
26(c).
		HB4480	- 19 -	LRB104 18024 LNS 31463 b
1(Source: P.A. 104-417, eff. 8-15-25.)