Mario Garcia later became a West Chicago third-grade teacher and now faces 11 felony counts involving five students.
WEST CHICAGO, IL — A suburban Chicago school district hired a third-grade teacher who remained on a Chicago Public Schools do-not-hire list following a sexual misconduct case two decades earlier, according to records reviewed by NBC 5 Investigates. The teacher now faces felony charges accusing him of sexually abusing five students.
Mario Garcia, 54, formerly taught third grade at Currier Elementary School in West Chicago Elementary School District 33. Prosecutors allege he had inappropriate sexual contact with five students on multiple occasions during the 2025-26 school year. He is charged with two counts of predatory criminal sexual assault of a child, five counts of aggravated criminal sexual abuse and four counts of aggravated battery. The charges are allegations, and Garcia is presumed innocent unless proved guilty.
The case has raised questions about how Garcia was able to return to public school classrooms despite his employment history with Chicago Public Schools. NBC 5 Investigates reported that CPS fired Garcia in 2005 and placed him on a do-not-hire list after allegations involving a 14-year-old student. Garcia was prosecuted in connection with that earlier case but was acquitted, according to his attorney, Karen M. Mondry. Records from the case were later sealed, NBC reported, but Garcia remained on the CPS no-hire list.
NBC 5 obtained Garcia’s CPS disciplinary file through a public-records request. The records included a 2005 investigative memo describing allegations involving a student and communications that prompted an investigation. The report also found that Garcia’s later application for employment in West Chicago stated that he had not previously been terminated from a teaching position, although CPS had fired him in 2005.
West Chicago District 33 Superintendent Kristina Davis said Garcia went through the state and federal background checks, educator-license verification and employment-history reviews required under Illinois law when the district hired him. The district has said those checks included requirements under Faith’s Law, which expanded safeguards and employment-history reviews intended to protect students from sexual misconduct by school employees.
District officials said they acted immediately after concerns about Garcia were reported this spring. Currier Elementary officials notified the West Chicago Police Department and the DuPage County Children’s Center on May 14 after learning of allegations that a third-grade teacher had inappropriately touched several students. Garcia was removed from contact with students, authorities were notified and his employment was later terminated, according to the district.
Police and child-protection investigators subsequently identified Garcia as a suspect. Prosecutors allege that the conduct involved five students and occurred multiple times during the 2025-26 school year. DuPage County State’s Attorney Robert Berlin credited school officials with reporting the allegations and cooperating with investigators, while emphasizing the seriousness of accusations involving a teacher’s position of trust.
The disclosure of Garcia’s earlier CPS history has shifted attention toward the screening process used before his hiring in West Chicago. NBC reported that state employment records showed Garcia had worked in other educational settings after leaving CPS. District 33 board members have discussed their hiring practices and maintained that required checks were completed, while also suggesting that state background-check laws may need stronger safeguards to prevent important employment information from being missed between school systems.
The case also highlights a gap between a criminal background check and an employer’s internal personnel records. Garcia’s acquittal in the earlier criminal case meant the 2005 allegations did not result in a conviction, but CPS’s separate decision to fire him and retain his name on an internal no-hire list remained part of his employment history. NBC reported that publicly available news coverage of Garcia’s 2005 arrest also existed before his West Chicago employment.
Garcia was ordered detained before trial following his Aug. 7 court appearance. His next court appearance was scheduled for Aug. 31 in DuPage County. District 33 has said it is continuing to provide support and prevention resources for students, families and staff as the criminal case proceeds.
Author note: Last updated August 31, 2026.