#7 Finding: The Revocation or Suspension of a Teacher’s License due to Educator Sexual Abuse/Misconduct is impacted by a Myriad of Touch Points
Throughout the collective bargaining process and other procedures, when the accused educator of misconduct is being investigated, the CPS board will at the end determine licensure sanction. Licensure sanction is when a licensee may be sanctioned for committing serious acts of misconduct, resulting in suspension or revocation of a license and/or required completion of professional development, pursuant to 105 ILCS 5/21B-75 and 21B-80, and Part 475 rules (23 Ill.Admin.Code 475).
However, a crucial procedure must follow and that is making a recommendation to the State Superintendent to initiate the final action for sanctions. The Illinois Superintendent of Education is a state executive position in the Illinois state government that works with the state board of education to provide leadership, assistance, resources, and advocacy so that students are prepared to succeed in careers and postsecondary education and shares accountability for doing so with districts and schools. The State Superintendent’s responsibilities, along with the board of education, is to set educational policies and guidelines for public and private schools, preschool through grade 12, as well as vocational education. It analyzes the aims, needs, and requirements of education and recommends legislation to the General Assembly and Governor. This step is important because many may not know that the State Superintendent has the final overall decision in determining the suspension/revocation of an educator’s license.
Now, why is the State Superintendent involved in licensure sanctions? The reason for this is because the State Superintendent must be notified by law. According to Public Act 102-0702, “the superintendent of the employing school board shall, in writing, notify the State Superintendent of Education and the applicable regional superintendent of schools of any license holder whom he or she has reasonable cause to believe has committed (i) an intentional act of abuse or neglect with the result of making a child an abused child or a neglected child, as defined in Section 3 of the Abused and Neglected Child Reporting Act, or (ii) an act of sexual misconduct. This notification must be submitted within 30 days after the dismissal or resignation and must include the Illinois Educator Identification Number (IEIN) of the license holder and a brief description of the misconduct alleged.” Furthermore, Illinois Compiled Statutes, states that “the State Superintendent of Education has the exclusive authority, in accordance with this Section and any rules adopted by the State Board of Education, in consultation with the State Educator Preparation and Licensure Board, to initiate the suspension of up to 5 calendar years or revocation of any license, endorsement, or approval issued pursuant to this Article for abuse or neglect of a child.”
The State Superintendent also acquires other authority powers:
The State Superintendent of Education shall, upon receipt of evidence of abuse or neglect of a child, immorality, a condition of health detrimental to the welfare of pupils, incompetency (subject to subsection (b) of this Section), unprofessional conduct, the neglect of any professional duty, or other just cause, further investigate and, if and as appropriate, serve written notice to the individual and afford the individual opportunity for a hearing prior to suspension, revocation, or other sanction; provided that the State Superintendent is under no obligation to initiate such an investigation if the Department of Children and Family Services is investigating the same or substantially similar allegations and its child protective service unit has not made its determination, as required under Section 7.12 of the Abused and Neglected Child Reporting Act. If the State Superintendent of Education does not receive from an individual a request for a hearing within 10 days after the individual receives notice, the suspension, revocation, or other sanction shall immediately take effect in accordance with the notice.
The State Superintendent of Education or his or her designee may initiate and conduct such investigations as may be reasonably necessary to establish the existence of any alleged misconduct. At any stage of the investigation, the State Superintendent may issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced.
The State Superintendent of Education or a person designated by him or her shall have the power to administer oaths to witnesses at any hearing conducted before the State Educator Preparation and Licensure Board pursuant to this Section. The State Superintendent of Education or a person designated by him or her is authorized to subpoena and bring before the State Educator Preparation and Licensure Board any person in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.
During this process, licensees have rights. They are entitled to request and receive a full evidentiary hearing before a hearing officer appointed by the State Educator Preparation and Licensure Board (SEPLB) prior to sanctions being imposed.
The last step in the process of a licensure sanction is that the hearing officer makes a recommendation to the full State Educator Preparation and Licensure Board (SEPLB), which makes a final administrative decision on sanctions. If a licensee does not request a hearing, the State Superintendent imposes the sanction recommended.
ISBE Role in the Process (Illinois Compiled Statutes):
The State Board of Education may refuse to issue or may suspend the license of any person who fails to file a return or to pay the tax, penalty, or interest shown in a filed return or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Department of Revenue, until such time as the requirements of any such tax Act are satisfied.
At any stage of the investigation, the State Superintendent may issue a subpoena requiring the attendance and testimony of a witness, including the license holder, and the production of any evidence, including files, records, correspondence, or documents, relating to any matter in question in the investigation. The subpoena shall require a witness to appear at the State Board of Education at a specified date and time and shall specify any evidence to be produced. The license holder is not entitled to be present, but the State Superintendent shall provide the license holder with a copy of any recorded testimony prior to a hearing under this Section.
All correspondence, documentation, and other information so received by the regional superintendent of schools, the State Superintendent of Education, the State Board of Education, or the State Educator Preparation and Licensure Board under this Section is confidential and must not be disclosed to third parties.
The State Board of Education shall receive an annual line item appropriation to cover fees associated with the investigation and prosecution of alleged educator misconduct and hearings related thereto.
In conclusion, the State Superintendent’s participation in the final decision-making of a licensure sanction is a fact that many do not know and brings concerns to mind. The State Superintendent has the full power to help convict an educator of sexual misconduct by determining his/her license sanction. This additional step that takes place in collective bargaining and other procedures is important to comprehend in order to put into perspective the amount of extra work, time, and money it takes to revoke/suspend an educator’s license, and even more so to find he/she guilty of sexual abuse.
