Mario Garcia had been fired by Chicago Public Schools after a 2005 misconduct case but was acquitted of the criminal charge.
WEST CHICAGO, Ill. — A former third-grade teacher accused of sexually abusing five students at a suburban Chicago elementary school had been fired by Chicago Public Schools about two decades earlier and remained on that district’s do-not-hire list, according to records reviewed by NBC 5 Investigates.
Mario Garcia, 54, formerly taught at Currier Elementary School in West Chicago Elementary School District 33. DuPage County prosecutors charged him Aug. 7 with two counts of predatory criminal sexual assault of a child, five counts of aggravated criminal sexual abuse and four counts of aggravated battery. Prosecutors allege he had inappropriate sexual contact with five students on multiple occasions during the 2025-26 school year. The charges are allegations and do not establish guilt.
The case has brought new attention to Garcia’s employment history and to the screening process used before he was hired in West Chicago. District 33 records show the school board approved Garcia as a dual-language teacher at Currier Elementary effective for the 2023-24 school year. Superintendent Kristina Davis has said Garcia passed required state and federal background checks, educator-license verification and applicable employment-history reviews required under Illinois law, including Faith’s Law.
However, NBC 5 Investigates reported Aug. 24 that Chicago Public Schools had fired Garcia in 2005 following allegations involving a 14-year-old student and placed him on an internal do-not-hire list. Garcia was prosecuted in connection with that earlier case, but his attorney, Karen M. Mondry, told NBC that he was acquitted and that the criminal records were later sealed. The CPS employment decision remained separate from the criminal case, and Garcia continued to appear on the district’s no-hire list.
That distinction is important because available reporting does not support describing Garcia as someone with a prior sex-offense conviction. His attorney said the 2005 prosecution ended in an acquittal. CPS nevertheless terminated his employment following its own disciplinary process. NBC obtained Garcia’s CPS disciplinary records through a public-records request and reported that the file contained information about the earlier misconduct allegations. The station also found that Garcia stated on his later West Chicago employment application that he had not previously been terminated from a teaching job.
NBC reported that state employment records showed Garcia worked in several educational settings after leaving Chicago Public Schools. The station also said publicly available news coverage of his 2005 arrest could have been found before District 33 hired him. District officials have maintained that the required screening steps were completed. Board members have since discussed whether existing laws and background-review procedures provide schools with enough information about disciplinary actions taken by other districts.
The current investigation began May 14, when Currier Elementary officials notified the West Chicago Police Department and the DuPage County Children’s Center that a third-grade teacher had allegedly touched several students inappropriately. Investigators later identified Garcia as a suspect. The DuPage County State’s Attorney’s Office said a child-sensitive investigation led authorities to allege that Garcia had inappropriate contact with five students on multiple occasions during the school year.
District 33 said it removed Garcia from contact with students immediately after the concerns were reported, notified police and the Illinois Department of Children and Family Services and later terminated his employment. Davis said the district was providing support for students, families and staff affected by the allegations. The district also announced plans for additional age-appropriate safety education focused on personal boundaries, recognizing inappropriate behavior and reporting concerns to trusted adults.
Garcia appeared in court Aug. 7, when Judge Joshua Dieden granted prosecutors’ request to detain him before trial. DuPage County State’s Attorney Robert Berlin said prosecutors allege Garcia used the trust and authority of his teaching position in committing the charged offenses. West Chicago Police Chief Colin Fleury credited school officials with promptly contacting authorities, allowing investigators to begin their work quickly. Authorities have not publicly identified the students involved, and details that could identify the children have been withheld.
Garcia’s next court appearance had been scheduled for Aug. 31 before Judge Ann Celine Walsh. No later disposition from that hearing was identified in the public sources reviewed as of Sept. 1. Garcia remains presumed innocent unless prosecutors prove the charges against him beyond a reasonable doubt.
Author note: Last updated September 1, 2026.