Mario Garcia, fired by Chicago Public Schools in 2005 and later acquitted in that case, now faces 11 felony charges involving five students.
WEST CHICAGO, Ill. — A former third-grade teacher accused of sexually abusing five students at a West Chicago elementary school had been fired by Chicago Public Schools two decades earlier and remained on that district’s do-not-hire list when he later returned to education, 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 now charge him with two counts of predatory criminal sexual assault of a child, five counts of aggravated criminal sexual abuse and four counts of aggravated battery. Authorities allege Garcia had inappropriate sexual contact with five students on multiple occasions during the 2025-26 school year. The charges are allegations, and Garcia is presumed innocent unless proved guilty.
The new case has drawn added scrutiny because of Garcia’s earlier employment history. NBC 5 Investigates reported that Chicago Public Schools fired Garcia in 2005 following allegations involving a 14-year-old student and placed him on a 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 records from the criminal proceeding were later sealed. CPS’s employment action was separate from the criminal outcome, and Garcia remained on its no-hire list.
NBC 5 obtained Garcia’s CPS disciplinary file through a public-records request. The investigative report cited records from 2005 concerning allegations involving a student that prompted both a school investigation and criminal prosecution. NBC also reported that Garcia’s later employment application to the West Chicago district stated that he had not previously been terminated from a teaching position, although CPS had fired him. State records reviewed by the station showed that Garcia worked in several educational settings after leaving CPS.
West Chicago District 33 Superintendent Kristina Davis has said Garcia completed the screening required when the district hired him. According to Davis, he passed required state and federal background checks, educator-license verification and applicable employment-history reviews under Illinois law, including requirements associated with Faith’s Law. The district has not said that those checks alerted officials to the CPS do-not-hire designation before Garcia was hired.
The distinction is significant because Garcia’s 2005 criminal case did not result in a conviction, according to his attorney, while CPS maintained separate personnel records about its decision to fire him. NBC reported that publicly available news coverage of Garcia’s 2005 arrest also existed before his employment in West Chicago. District 33 board members have since discussed the hiring process and said required checks were performed while raising questions about whether existing safeguards adequately transfer employment information between school systems.
The current criminal investigation began May 14, when officials at Currier Elementary 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 identified Garcia as a suspect. The DuPage County State’s Attorney’s Office said a child-sensitive investigation led authorities to allege that five students were subjected to inappropriate contact on multiple occasions during the 2025-26 school year.
District 33 said it removed Garcia from contact with students after the concerns were reported, notified law enforcement and the Illinois Department of Children and Family Services, and later terminated his employment. Davis said the district’s priority remained supporting students, families and staff affected by the case. District officials also announced additional student-safety education and support resources after the charges became public.
DuPage County State’s Attorney Robert Berlin said prosecutors allege Garcia used the trust and authority that came with his position as a teacher. Berlin also credited Currier Elementary and District 33 with quickly reporting the allegations and cooperating with investigators. West Chicago Police Chief Colin Fleury similarly said the school’s prompt notification allowed officers to begin investigating immediately.
Garcia appeared in DuPage County court Aug. 7, when Judge Joshua Dieden granted prosecutors’ request to detain him before trial. The State’s Attorney’s Office scheduled his next appearance for Aug. 31 before Judge Ann Celine Walsh. No later disposition from that scheduled appearance was identified in the public sources reviewed for this report.
The earlier case should not be confused with a prior sex-offense conviction. The reporting reviewed for this article says Garcia was acquitted of the 2005 criminal charge while CPS separately fired him and kept him on an internal do-not-hire list. The current 11 felony charges remain pending, and prosecutors bear the burden of proving them beyond a reasonable doubt.
Author note: Last updated August 31, 2026.