HB1975 102ND GENERAL ASSEMBLY

LRB102 16364 CMG 21751 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1975

Introduced 2/17/2021, by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.182 new
105 ILCS 5/3-11	from Ch. 122, par. 3-11
105 ILCS 5/10-19.1	from Ch. 122, par. 10-19.1
105 ILCS 5/10-23.13
105 ILCS 5/21B-45
105 ILCS 5/22-85.5 new
105 ILCS 5/22-90 new
105 ILCS 5/27-9.1	from Ch. 122, par. 27-9.1
105 ILCS 5/27A-5
720 ILCS 5/11-1.20	was 720 ILCS 5/12-13
720 ILCS 5/11-1.60	was 720 ILCS 5/12-16
720 ILCS 5/11-25

Amends the School Code to require the State Board of Education to prepare a parent resource guide to provide a centralized source of the assistance, support, advocacy, and resources available to the parent or guardian of a student who is or may be the victim of sexual abuse. Provides for up to 2 teachers institute days for child abuse prevention training and sexual harassment prevention training, and requires training for school personnel on child sexual abuse. Provides for professional development opportunities concerning the well-being of students. Adds provisions concerning sexual misconduct in schools, including requiring a school district to develop a code of conduct, an employment history review, and what a sex education class must teach. Amends the Criminal Code of 2012 to add certain acts to the offenses of criminal sexual assault, aggravated criminal sexual abuse, and grooming. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as Faith's Law.

Section 5. The School Code is amended by adding Sections 2-3.182, 22-85.5, and 22-90 and by changing Sections 3-11, 10-19.1, 10-23.13, 21B-45, 27-9.1, and 27A-5 and as follows:

(105 ILCS 5/2-3.182 new)

Sec. 2-3.182. Parent resource guide.

(a) To provide a centralized source of the assistance, support, advocacy, and resources available to the parent or guardian of a student who is or may be the victim of sexual abuse, the State Board of Education shall prepare and make available to all public and nonpublic schools a parent resource guide in both English and Spanish. The parent resource guide shall, at a minimum, provide all of the following information:

(1) Contact information, the location, and a list of the services provided by or available through qualified children's advocacy centers.

(2) Contact information and a list of the services offered by organizations that provide medical evaluations and treatment to victims of child sexual abuse.

(3) Contact information and a list of the services offered by organizations that provide mental health evaluations and services to victims and the families of victims of child sexual abuse.

(4) Contact information of organizations that offer legal assistance to and provide advocacy on behalf of victims of child sexual abuse.

The parent resource guide shall include checklists, flow charts, and narratives to assist parents and guardians in accessing and understanding the information.

(b) The parent resource guide shall be made available to schools before the beginning of each school year. At the beginning of the school year, each public and nonpublic school shall notify the parents or guardians of students enrolled at the school of the availability of the parent resource guide. The school shall furnish the parent resource guide to a student's parent or guardian at the request of the parent or guardian. A school may also make the parent resource guide available on its Internet website.

(c) The State Board of Education shall annually review the information contained in the parent resource guide and update the information as necessary.

(105 ILCS 5/3-11) (from Ch. 122, par. 3-11)

Sec. 3-11. Institutes or inservice training workshops. In counties of less than 2,000,000 inhabitants, the regional superintendent may arrange for or conduct district, regional, or county institutes, or equivalent professional educational experiences, not more than 6 4 days annually. Of those 6 4 days, 2 days may be used as a teacher's and educational support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d, or up to 2 days may be utilized for child abuse prevention training and sexual harassment prevention training. Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of its 6 4 institute days on the last day of the school term. "Institute" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an institute day, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, he or she may employ such assistance as is necessary to conduct the institute. Two or more adjoining counties may jointly hold an institute. Institute instruction shall be free to holders of licenses good in the county or counties holding the institute and to those who have paid an examination fee and failed to receive a license.

In counties of 2,000,000 or more inhabitants, the regional superintendent may arrange for or conduct district, regional, or county inservice training workshops, or equivalent professional educational experiences, not more than 6 4 days annually. Of those 6 4 days, 2 days may be used as a teacher's and educational support personnel workshop, when approved by the regional superintendent, up to 2 days may be used for conducting parent-teacher conferences, or up to 2 days may be utilized as parental institute days as provided in Section 10-22.18d, or up to 2 days may be utilized for child abuse prevention training and sexual harassment prevention training. Educational support personnel may be exempt from a workshop if the workshop is not relevant to the work they do. A school district may use one of those 6 4 days on the last day of the school term. "Inservice Training Workshops" or "Professional educational experiences" means any educational gathering, demonstration of methods of instruction, visitation of schools or other institutions or facilities, sexual abuse and sexual assault awareness seminar, or training in First Aid (which may include cardiopulmonary resuscitation or defibrillator training) held or approved by the regional superintendent and declared by him to be an inservice training workshop, or parent-teacher conferences. With the concurrence of the State Superintendent of Education, he may employ such assistance as is necessary to conduct the inservice training workshop. With the approval of the regional superintendent, 2 or more adjoining districts may jointly hold an inservice training workshop. In addition, with the approval of the regional superintendent, one district may conduct its own inservice training workshop with subject matter consultants requested from the county, State or any State institution of higher learning.

Such teachers institutes as referred to in this Section may be held on consecutive or separate days at the option of the regional superintendent having jurisdiction thereof.

Whenever reference is made in this Act to "teachers institute", it shall be construed to include the inservice training workshops or equivalent professional educational experiences provided for in this Section.

Any institute advisory committee existing on April 1, 1995, is dissolved and the duties and responsibilities of the institute advisory committee are assumed by the regional office of education advisory board.

Districts providing inservice training programs shall constitute inservice committees, 1/2 of which shall be teachers, 1/4 school service personnel and 1/4 administrators to establish program content and schedules.

The teachers institutes shall include teacher training committed to (i) peer counseling programs and other anti-violence and conflict resolution programs, including without limitation programs for preventing at risk students from committing violent acts, and (ii) educator ethics and teacher-student conduct. Beginning with the 2009-2010 school year, the teachers institutes shall include instruction on prevalent student chronic health conditions. Beginning with the 2016-2017 school year, the teachers institutes shall include, at least once every 2 years, instruction on the federal Americans with Disabilities Act as it pertains to the school environment.

Beginning with the 2021-2022 school year, the teachers institutes shall include instruction and training on the prevention of child abuse, the prevention of child sexual abuse, and the prevention of sexual harassment. The instruction and training must include, at a minimum, the following elements:

(1) A review of the likely warning signs indicating that a child may be the victim of sexual abuse. Because the abuse of a child is usually committed in isolation, there are warning signs exhibited by an abused child of which school personnel should be aware.

(2) A review of the boundary-violating behaviors that may be displayed or exhibited by perpetrators of child abuse, including such behaviors as grooming and coercive behavior by an adult or a student.

(3) A discussion that sexual conduct between school personnel and students is criminal, with a review of the relevant criminal statutes.

(4) A discussion about the circumstances or situations in which grooming is a criminal activity, with a review of the relevant criminal statute.

(5) A discussion emphasizing that violations of professional boundaries give the appearance of impropriety and may be indicators of potential or ongoing abuse, with a review of the definitions of sexual harassment, sexual misconduct, grooming, and the school code of conduct.

(6) A discussion concerning how an atmosphere of awareness and a commitment to identify and report abuse helps protect students from abuse and misconduct, with a review of the State and federal reporting requirements with respect to child abuse and Title IX requirements regarding the protection of students in schools from sexual abuse and misconduct. The discussion shall address the fear of reporting a colleague, as well as the fear of reporting possible sexual abuse committed by a student.

These elements may overlap similar elements or topics covered in other required instruction and training for school personnel. Compliance for more than one required course of instruction or training may be satisfied if all required elements or topics are satisfied in a single course.

(Source: P.A. 99-30, eff. 7-10-15; 99-616, eff. 7-22-16.)

(105 ILCS 5/10-19.1) (from Ch. 122, par. 10-19.1)

Sec. 10-19.1. Full year school plan.

(a) Any school district may, by resolution of its board, operate one or more schools within the district on a full year school plan approved by the State Board of Education. Any board which operates under this subsection (a) shall devise a plan so that a student's required attendance in school shall be for a minimum term of 180 days of actual attendance, including not more than 6 4 institute days, during a 12 month period, but shall not exceed 185 days. Under such plan, no teacher shall be required to teach more than 185 days. A calendar of 180 days may be established with the approval of the State Board of Education.

(b) Any school board that operates one or more schools within the school district on a pilot full-year school plan under subsection (a-5) of Section 2-3.25f of this Code shall devise a plan so that a student's required attendance in school shall be for a minimum term of 215 days of actual attendance, including not more than 6 4 institute days, during a 12-month period. A calendar of 215 days may be established with the approval of the State Board of Education.

(Source: P.A. 97-370, eff. 1-1-12.)

(105 ILCS 5/10-23.13)

Sec. 10-23.13. Policies addressing sexual abuse.

(a) To adopt and implement a policy addressing sexual abuse of children that may include age-appropriate curriculum for students in pre-K through 5th grade; training for school personnel on child sexual abuse; educational information to parents or guardians provided in the school handbook on the warning signs of a child being abused, along with any needed assistance, referral, or resource information; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a child of abuse to continue to be successful in school.

Any policy adopted may address without limitation:

(1) methods for increasing teacher, student, and parent awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;

(2) actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention; and

(3) available counseling options for students affected by sexual abuse.

(b) A school board must provide training for school personnel on child sexual abuse as described in subsection (a) no later than January 31 of each year. Subject to appropriation, the State Board of Education shall:

(1) ensure that adequate funding is available to each school district to implement and provide the training; and

(2) monitor and enforce training implementation and compliance in cooperation with the applicable regional office of education.

(c) This Section may be referred to as Erin's Law.

(Source: P.A. 96-1524, eff. 2-14-11.)

(105 ILCS 5/21B-45)

Sec. 21B-45. Professional Educator License renewal.

(a) Individuals holding a Professional Educator License are required to complete the licensure renewal requirements as specified in this Section, unless otherwise provided in this Code.

Individuals holding a Professional Educator License shall meet the renewal requirements set forth in this Section, unless otherwise provided in this Code. If an individual holds a license endorsed in more than one area that has different renewal requirements, that individual shall follow the renewal requirements for the position for which he or she spends the majority of his or her time working.

(b) All Professional Educator Licenses not renewed as provided in this Section shall lapse on September 1 of that year. Notwithstanding any other provisions of this Section, if a license holder's electronic mail address is available, the State Board of Education shall send him or her notification electronically that his or her license will lapse if not renewed, to be sent no more than 6 months prior to the license lapsing. Lapsed licenses may be immediately reinstated upon (i) payment by the applicant of a $500 penalty to the State Board of Education or (ii) the demonstration of proficiency by completing 9 semester hours of coursework from a regionally accredited institution of higher education in the content area that most aligns with one or more of the educator's endorsement areas. Any and all back fees, including without limitation registration fees owed from the time of expiration of the license until the date of reinstatement, shall be paid and kept in accordance with the provisions in Article 3 of this Code concerning an institute fund and the provisions in Article 21B of this Code concerning fees and requirements for registration. Licenses not registered in accordance with Section 21B-40 of this Code shall lapse after a period of 6 months from the expiration of the last year of registration or on January 1 of the fiscal year following initial issuance of the license. An unregistered license is invalid after September 1 for employment and performance of services in an Illinois public or State-operated school or cooperative and in a charter school. Any license or endorsement may be voluntarily surrendered by the license holder. A voluntarily surrendered license shall be treated as a revoked license. An Educator License with Stipulations with only a paraprofessional endorsement does not lapse.

(c) From July 1, 2013 through June 30, 2014, in order to satisfy the requirements for licensure renewal provided for in this Section, each professional educator licensee with an administrative endorsement who is working in a position requiring such endorsement shall complete one Illinois Administrators' Academy course, as described in Article 2 of this Code, per fiscal year.

(c-5) All licenses issued by the State Board of Education under this Article that expire on June 30, 2020 and have not been renewed by the end of the 2020 renewal period shall be extended for one year and shall expire on June 30, 2021.

(d) Beginning July 1, 2014, in order to satisfy the requirements for licensure renewal provided for in this Section, each professional educator licensee may create a professional development plan each year. The plan shall address one or more of the endorsements that are required of his or her educator position if the licensee is employed and performing services in an Illinois public or State-operated school or cooperative. If the licensee is employed in a charter school, the plan shall address that endorsement or those endorsements most closely related to his or her educator position. Licensees employed and performing services in any other Illinois schools may participate in the renewal requirements by adhering to the same process.

Except as otherwise provided in this Section, the licensee's professional development activities shall align with one or more of the following criteria:

(1) activities are of a type that engage participants over a sustained period of time allowing for analysis, discovery, and application as they relate to student learning, social or emotional achievement, or well-being;

(2) professional development aligns to the licensee's performance;

(3) outcomes for the activities must relate to student growth or district improvement;

(4) activities align to State-approved standards; and

(5) higher education coursework.

(e) For each renewal cycle, each professional educator licensee shall engage in professional development activities. Prior to renewal, the licensee shall enter electronically into the Educator Licensure Information System (ELIS) the name, date, and location of the activity, the number of professional development hours, and the provider's name. The following provisions shall apply concerning professional development activities:

(1) Each licensee shall complete a total of 120 hours of professional development per 5-year renewal cycle in order to renew the license, except as otherwise provided in this Section.

(2) Beginning with his or her first full 5-year cycle, any licensee with an administrative endorsement who is not working in a position requiring such endorsement is not required to complete Illinois Administrators' Academy courses, as described in Article 2 of this Code. Such licensees must complete one Illinois Administrators' Academy course within one year after returning to a position that requires the administrative endorsement.

(3) Any licensee with an administrative endorsement who is working in a position requiring such endorsement or an individual with a Teacher Leader endorsement serving in an administrative capacity at least 50% of the day shall complete one Illinois Administrators' Academy course, as described in Article 2 of this Code, each fiscal year in addition to 100 hours of professional development per 5-year renewal cycle in accordance with this Code.

(4) Any licensee holding a current National Board for Professional Teaching Standards (NBPTS) master teacher designation shall complete a total of 60 hours of professional development per 5-year renewal cycle in order to renew the license.

(5) Licensees working in a position that does not require educator licensure or working in a position for less than 50% for any particular year are considered to be exempt and shall be required to pay only the registration fee in order to renew and maintain the validity of the license.

(6) Licensees who are retired and qualify for benefits from a State of Illinois retirement system shall notify the State Board of Education using ELIS, and the license shall be maintained in retired status. For any renewal cycle in which a licensee retires during the renewal cycle, the licensee must complete professional development activities on a prorated basis depending on the number of years during the renewal cycle the educator held an active license. If a licensee retires during a renewal cycle, the licensee must notify the State Board of Education using ELIS that the licensee wishes to maintain the license in retired status and must show proof of completion of professional development activities on a prorated basis for all years of that renewal cycle for which the license was active. An individual with a license in retired status shall not be required to complete professional development activities or pay registration fees until returning to a position that requires educator licensure. Upon returning to work in a position that requires the Professional Educator License, the licensee shall immediately pay a registration fee and complete renewal requirements for that year. A license in retired status cannot lapse. Beginning on January 6, 2017 (the effective date of Public Act 99-920) through December 31, 2017, any licensee who has retired and whose license has lapsed for failure to renew as provided in this Section may reinstate that license and maintain it in retired status upon providing proof to the State Board of Education using ELIS that the licensee is retired and is not working in a position that requires a Professional Educator License.

(7) For any renewal cycle in which professional development hours were required, but not fulfilled, the licensee shall complete any missed hours to total the minimum professional development hours required in this Section prior to September 1 of that year. Professional development hours used to fulfill the minimum required hours for a renewal cycle may be used for only one renewal cycle. For any fiscal year or renewal cycle in which an Illinois Administrators' Academy course was required but not completed, the licensee shall complete any missed Illinois Administrators' Academy courses prior to September 1 of that year. The licensee may complete all deficient hours and Illinois Administrators' Academy courses while continuing to work in a position that requires that license until September 1 of that year.

(8) Any licensee who has not fulfilled the professional development renewal requirements set forth in this Section at the end of any 5-year renewal cycle is ineligible to register his or her license and may submit an appeal to the State Superintendent of Education for reinstatement of the license.

(9) If professional development opportunities were unavailable to a licensee, proof that opportunities were unavailable and request for an extension of time beyond August 31 to complete the renewal requirements may be submitted from April 1 through June 30 of that year to the State Educator Preparation and Licensure Board. If an extension is approved, the license shall remain valid during the extension period.

(10) Individuals who hold exempt licenses prior to December 27, 2013 (the effective date of Public Act 98-610) shall commence the annual renewal process with the first scheduled registration due after December 27, 2013 (the effective date of Public Act 98-610).

(11) Notwithstanding any other provision of this subsection (e), if a licensee earns more than the required number of professional development hours during a renewal cycle, then the licensee may carry over any hours earned from April 1 through June 30 of the last year of the renewal cycle. Any hours carried over in this manner must be applied to the next renewal cycle. Illinois Administrators' Academy courses or hours earned in those courses may not be carried over.

(f) At the time of renewal, each licensee shall respond to the required questions under penalty of perjury.

(f-5) The State Board of Education shall conduct random audits of licensees to verify a licensee's fulfillment of the professional development hours required under this Section. Upon completion of a random audit, if it is determined by the State Board of Education that the licensee did not complete the required number of professional development hours or did not provide sufficient proof of completion, the licensee shall be notified that his or her license has lapsed. A license that has lapsed under this subsection may be reinstated as provided in subsection (b).

(g) The following entities shall be designated as approved to provide professional development activities for the renewal of Professional Educator Licenses:

(1) The State Board of Education.

(2) Regional offices of education and intermediate service centers.

(3) Illinois professional associations representing the following groups that are approved by the State Superintendent of Education:

(A) school administrators;

(B) principals;

(C) school business officials;

(D) teachers, including special education teachers;

(E) school boards;

(F) school districts;

(G) parents; and

(H) school service personnel.

(4) Regionally accredited institutions of higher education that offer Illinois-approved educator preparation programs and public community colleges subject to the Public Community College Act.

(5) Illinois public school districts, charter schools authorized under Article 27A of this Code, and joint educational programs authorized under Article 10 of this Code for the purposes of providing career and technical education or special education services.

(6) A not-for-profit organization that, as of December 31, 2014 (the effective date of Public Act 98-1147), has had or has a grant from or a contract with the State Board of Education to provide professional development services in the area of English Learning to Illinois school districts, teachers, or administrators.

(7) State agencies, State boards, and State commissions.

(8) Museums as defined in Section 10 of the Museum Disposition of Property Act.

(h) Approved providers under subsection (g) of this Section shall make available professional development opportunities that satisfy at least one of the following:

(1) increase the knowledge and skills of school and district leaders who guide continuous professional development;

(2) improve the learning of students;

(3) organize adults into learning communities whose goals are aligned with those of the school and district;

(4) deepen educator's content knowledge;

(5) provide educators with research-based instructional strategies to assist students in meeting rigorous academic standards;

(6) prepare educators to appropriately use various types of classroom assessments;

(7) use learning strategies appropriate to the intended goals;

(8) provide educators with the knowledge and skills to collaborate;

(9) prepare educators to apply research to decision making; or

(10) provide educators with training on inclusive practices in the classroom that examines instructional and behavioral strategies that improve academic and social-emotional outcomes for all students, with or without disabilities, in a general education setting; or .

(11) provide educators with training on the physical and mental health needs of students, student safety, educator ethics, and other topics that address the well-being of students and improve the academic and social-emotional outcomes of students.

(i) Approved providers under subsection (g) of this Section shall do the following:

(1) align professional development activities to the State-approved national standards for professional learning;

(2) meet the professional development criteria for Illinois licensure renewal;

(3) produce a rationale for the activity that explains how it aligns to State standards and identify the assessment for determining the expected impact on student learning or school improvement;

(4) maintain original documentation for completion of activities;

(5) provide license holders with evidence of completion of activities;

(6) request an Illinois Educator Identification Number (IEIN) for each educator during each professional development activity; and

(7) beginning on July 1, 2019, register annually with the State Board of Education prior to offering any professional development opportunities in the current fiscal year.

(j) The State Board of Education shall conduct annual audits of a subset of approved providers, except for school districts, which shall be audited by regional offices of education and intermediate service centers. The State Board of Education shall ensure that each approved provider, except for a school district, is audited at least once every 5 years. The State Board of Education may conduct more frequent audits of providers if evidence suggests the requirements of this Section or administrative rules are not being met.

(1) (Blank).

(2) Approved providers shall comply with the requirements in subsections (h) and (i) of this Section by annually submitting data to the State Board of Education demonstrating how the professional development activities impacted one or more of the following:

(A) educator and student growth in regards to content knowledge or skills, or both;

(B) educator and student social and emotional growth; or

(C) alignment to district or school improvement plans.

(3) The State Superintendent of Education shall review the annual data collected by the State Board of Education, regional offices of education, and intermediate service centers in audits to determine if the approved provider has met the criteria and should continue to be an approved provider or if further action should be taken as provided in rules.

(k) Registration fees shall be paid for the next renewal cycle between April 1 and June 30 in the last year of each 5-year renewal cycle using ELIS. If all required professional development hours for the renewal cycle have been completed and entered by the licensee, the licensee shall pay the registration fees for the next cycle using a form of credit or debit card.

(l) Any professional educator licensee endorsed for school support personnel who is employed and performing services in Illinois public schools and who holds an active and current professional license issued by the Department of Financial and Professional Regulation or a national certification board, as approved by the State Board of Education, related to the endorsement areas on the Professional Educator License shall be deemed to have satisfied the continuing professional development requirements provided for in this Section. Such individuals shall be required to pay only registration fees to renew the Professional Educator License. An individual who does not hold a license issued by the Department of Financial and Professional Regulation shall complete professional development requirements for the renewal of a Professional Educator License provided for in this Section.

(m) Appeals to the State Educator Preparation and Licensure Board must be made within 30 days after receipt of notice from the State Superintendent of Education that a license will not be renewed based upon failure to complete the requirements of this Section. A licensee may appeal that decision to the State Educator Preparation and Licensure Board in a manner prescribed by rule.

(1) Each appeal shall state the reasons why the State Superintendent's decision should be reversed and shall be sent by certified mail, return receipt requested, to the State Board of Education.

(2) The State Educator Preparation and Licensure Board shall review each appeal regarding renewal of a license within 90 days after receiving the appeal in order to determine whether the licensee has met the requirements of this Section. The State Educator Preparation and Licensure Board may hold an appeal hearing or may make its determination based upon the record of review, which shall consist of the following:

(A) the regional superintendent of education's rationale for recommending nonrenewal of the license, if applicable;

(B) any evidence submitted to the State Superintendent along with the individual's electronic statement of assurance for renewal; and

(C) the State Superintendent's rationale for nonrenewal of the license.

(3) The State Educator Preparation and Licensure Board shall notify the licensee of its decision regarding license renewal by certified mail, return receipt requested, no later than 30 days after reaching a decision. Upon receipt of notification of renewal, the licensee, using ELIS, shall pay the applicable registration fee for the next cycle using a form of credit or debit card.

(n) The State Board of Education may adopt rules as may be necessary to implement this Section.

(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. 1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)

(105 ILCS 5/22-85.5 new)

Sec. 22-85.5. Sexual misconduct in schools.

(a) The General Assembly finds that:

(1) the success of students in school relies on safe learning environments and healthy relationships with school personnel;

(2) it is important to define boundary violations to protect students from sexual misconduct and staff from the appearance of impropriety;

(3) many breaches of professional boundaries do not rise to the level of criminal behavior but do pose a potential risk to student safety;

(4) repeated violations of staff–student boundaries can indicate the grooming of a student for sexual abuse;

(5) to prevent abuse from occurring instead of merely reporting that it has occurred, it is necessary to establish a code of conduct to outline reportable disciplinary offenses;

(6) to protect students, a school district must have the ability to discipline for breaches of its code of conduct;

(7) a school district must have the ability to know if any of its educators have violated professional staff–student boundaries in previous employment; and

(8) as bystanders, educators may have knowledge of concerning behaviors that no one else is aware of, so they need adequate training on sexual abuse, the code of conduct, and federal and State reporting requirements.

(b) In this Section, "sexual misconduct" means any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, directed toward or with a student that is designed to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following:

(1) A sexual or romantic invitation.

(2) Dating or soliciting a date.

(3) Engaging in sexualized or romantic dialog.

(4) Making sexually suggestive comments.

(5) Self-disclosure or physical exposure of a sexual, romantic, or erotic nature.

(6) A sexual, indecent, romantic, or erotic contact with the student.

(c) A school district shall develop a code of conduct to prevent the sexual abuse of students by identifying acceptable and unacceptable behavior concerning school district personnel with respect to relationships between employees and students and concerning relationships between students.

The school district's code of conduct and the reporting requirements under subsection (i) must be included in the district's staff and parent handbooks. The district's parent handbook must also include references to the criminal statutes regarding grooming, criminal sexual assault, and aggravated criminal sexual abuse.

The school district shall make available to all students an age-appropriate version of the code of conduct by posting it on the district's Internet website and, if applicable, any other area where policies, rules, and standards of conduct are currently posted in each school and by including the age-appropriate code of conduct in the district's student handbook.

(d) A school district's code of conduct must include all of the following:

(1) Defining appropriate and inappropriate physical contact for the professional role of an employee.

(2) Defining appropriate and inappropriate emotional boundaries between employees and students, with procedures addressing the following:

(A) The format or types of communication between employees and students.

(B) The giving of gifts.

(C) Avoiding overly familiar interactions and favoritism.

(D) When it is appropriate to refer student concerns to a counselor or other designated support staff.

(3) Defining appropriate and inappropriate boundaries outside of the classroom, including the following situations:

(A) Meeting with a student before or after school or outside of an authorized school activity.

(B) Visiting a residence.

(C) Sharing transportation.

(4) Defining the boundaries for virtual or remote learning, including, but not limited to, describing safety measures for one-on-one online meetings.

(e) A school district may develop campus-specific procedures for professional boundaries, as long as the procedure for each campus includes all of the elements listed in subsection (d). For the purposes of this Section, a campus-specific procedure is enforceable in the same manner as a district-wide policy with regard to enabling a district to discipline for violations of its code of conduct.

(f) The State Board of Education shall adopt rules that address and provide examples of professional boundaries in the Code of Ethics for Illinois Educators by expanding paragraph (3) of subsection (a) of Section 22.20 of Title 23 of the Illinois Administrative Code. The State Board may adopt additional rules that address an educator's contribution toward an atmosphere of awareness and a commitment to report under subsection (a) of Section 22.20 of Title 23 of the Illinois Administrative Code. The Code of Ethics for Illinois Educators may be updated annually as appropriate, such as the availability of new technology that warrants the further clarification of professional boundaries.

(g) A school district's Title IX coordinator or his or her designee shall record reports of violations of the district's code of conduct involving relationships with students. Records of these reports and of any subsequent investigation must be housed in the district's Title IX office.

(h) A violation of a school district's code of conduct may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the code of conduct may subject an employee to disciplinary action up to and including dismissal from employment.

(i) A school district employee must report to the Department of Children and Family Services and the district's Title IX coordinator any act of sexual misconduct. If a school board determines that a school district employee has committed sexual misconduct, the school board may dismiss that employee immediately upon that determination.

A school district employee must report to the Department of Children and Family Services and the district's Title IX coordinator any interaction or behavior that suggests that an adult has or has had an inappropriately intimate relationship with a student or may be grooming a student, even if the employee does not have a reasonable suspicion that abuse is occurring or has occurred, because sexual misconduct or a violation of the district's code of conduct may or may not rise to the level of abuse or neglect and the interaction or behavior may be the only indicator of impending abuse or ongoing abuse done in secret.

A school district employee must report to the Department of Children and Family Services and the district's Title IX coordinator any rumor or complaint of abuse, neglect, grooming, or youth-on-youth criminal behavior because a rumor may be the only actionable warning that a bystander receives to make a report and to prevent or stop the abuse of a student.

Reporting to a supervisor does not satisfy the reporting requirements of this subsection (i).

A school district's code of conduct must reference the reporting requirements for mandated reporters and Title IX coordinators.

(105 ILCS 5/22-90 new)

Sec. 22-90. Employment history review.

(a) This Section applies to all positions for employment with a school or an independent contractor of a school involving direct contact with children or students.

(b) In this Section:

"Abuse" means conduct that falls under the purview and reporting requirements of the Abused and Neglected Child Reporting Act and is directed toward or against a child or student, regardless of the age of the child or student.

"Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students.

"School" means a public or nonpublic elementary or secondary school.

"Sexual misconduct" means any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, directed toward or with a child or student, regardless of the age of the child or student, that is designed to establish a romantic or sexual relationship with the child or student. Such an act includes, but is not limited to, any of the following:

(1) A sexual or romantic invitation.

(2) Dating or soliciting dates.

(3) Engaging in sexualized or romantic dialog.

(4) Making sexually suggestive comments.

(5) Self-disclosure or physical exposure of a sexual, romantic, or erotic nature.

(6) Any sexual, indecent, romantic, or erotic contact with a child or student.

(c) Before a school or independent contractor may offer employment to an applicant who would be employed by or in a school in a position involving direct contact with children or students, the school or independent contractor shall do all of the following:

(1) Require the applicant to provide all of the following:

(A) A list, including the name, address, and telephone number and other relevant contact information, of:

(i) the applicant's current employer;

(ii) all former employers of the applicant that were schools; and

(iii) all former employers of the applicant in which the applicant was employed in a position that involved direct contact with children or students.

(B) A written authorization that consents to and authorizes disclosure by the applicant's current and former employers under subparagraph (A) of this paragraph (1) of the information requested under paragraph (2) of this subsection (c) and the release of related records and that releases those employers from any liability that may arise from such disclosure or release of records pursuant to subsection (e).

(C) A written statement of whether the applicant:

(i) has been the subject of an abuse or sexual misconduct investigation by an employer, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding that an allegation was false;

(ii) has ever been discharged from, been asked to resign from, resigned from, or otherwise been separated from any employment, has ever been disciplined by an employer, or has ever had an employment contract not renewed while an allegation of abuse or sexual misconduct as described in clause (i) of this subparagraph (C) was pending or under investigation or due to an adjudication or finding of abuse or sexual misconduct as described in clause (i) of this subparagraph (C); or

(iii) has ever had a license or certificate suspended, surrendered, or revoked while an allegation of abuse or sexual misconduct as described in clause (i) of this subparagraph (C) was pending or under investigation or due to an adjudication or finding of abuse or sexual misconduct as described in clause (i) of this subparagraph (C).

(2) Conduct a review of the employment history of the applicant by contacting those employers listed by the applicant under subparagraph (A) of paragraph (1) of this subsection (c) and requesting all of the following information:

(A) The dates of employment of the applicant.

(B) A statement as to whether the applicant:

(i) was the subject of an abuse or sexual misconduct investigation by an employer, State licensing agency, law enforcement agency, or child protective services agency, unless the investigation resulted in a finding that an allegation was false;

(ii) was discharged from, was asked to resign from, resigned from, or was otherwise separated from any employment, was disciplined by an employer, or had an employment contract not renewed while an allegation of abuse or sexual misconduct as described in clause (i) of this subparagraph (B) was pending or under investigation or due to an adjudication or finding of abuse or sexual misconduct as described in clause (i) of this subparagraph (B); or

(iii) has ever had a license or certificate suspended, surrendered, or revoked while an allegation of abuse or sexual misconduct as described in clause (i) of this subparagraph (B) was pending or under investigation or due to an adjudication or finding of abuse or sexual misconduct as described in clause (i) of this subparagraph (B).

(3) Check the eligibility for employment or certification or licensure status of an applicant for a position involving direct contact with children or students to determine whether the applicant holds valid and active certification or licensure appropriate for the position and is otherwise eligible for employment and whether the applicant has been the subject of public professional discipline.

(4) Inquire whether the State Board of Education has received notification of pending criminal charges against the applicant.

(d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment, and may be subject to criminal prosecution under the Criminal Code of 2012 and civil penalties and professional discipline in accordance with subsection (m).

(e) No later than 20 days after receiving a request for information required under paragraph (2) of subsection (b), an employer who has or had an employment relationship with the applicant shall disclose the information requested. The employer shall disclose the information on a standardized form developed by the State Board of Education.

After reviewing the information initially disclosed under this subsection (e) and finding an affirmative response under subparagraph (C) of paragraph (1) of subsection (c) or subparagraph (B) of paragraph (2) of subsection (c), if the prospective employing school or independent contractor makes a determination to further consider the applicant for employment, the school or independent contractor shall request that former employers provide additional information about the matters disclosed and all related records. Former employers shall provide the additional information requested no later than 60 days after the prospective employer's request.

Information received under this Section shall not be deemed a public record.

A school or independent contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or independent contractor, or a prospective employer.

An employer, school, school administrator, or independent contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure.

Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, the willful failure of a former employer, school, school administrator, or independent contractor to respond or provide the information and records requested may result in civil penalties and professional discipline, if appropriate, in accordance with subsection (m).

Notwithstanding any other provision of law to the contrary, an employer, school, school administrator, independent contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential.

(f) A school or independent contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students. A school or independent contractor may hire an applicant on a provisional basis for a period not to exceed 90 days pending the school's or independent contractor's review of the information and records received under this Section, provided that all of the following are satisfied:

(1) The applicant has provided all of the information and supporting documentation required under subsection (c).

(2) The school or independent contractor has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.

(3) The applicant swears or affirms that the applicant is not disqualified from employment.

(4) The applicant is not permitted by the school or independent contractor to work alone with children or students and is required to work in the immediate vicinity of a permanent employee.

(g) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or independent contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:

(1) has the effect of suppressing information concerning an investigation related to a report of suspected abuse or sexual misconduct by a current or former employee;

(2) affects the ability of the school or independent contractor to report suspected abuse or sexual misconduct to the appropriate authorities; or

(3) requires the school or independent contractor to expunge information about allegations or findings of suspected abuse or sexual misconduct from any documents maintained by the school or independent contractor, unless, after an investigation, an allegation is found to be false.

(h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable.

(i) For purposes of this subsection (i), "substitute employee" does not include a school bus driver employed by an independent contractor.

For substitute employees, all of the following apply:

(1) The employment history review required by this Section is required only prior to the initial hiring of a substitute employee or placement on the school's approved substitute list and shall remain valid as long as the substitute employee continues to be employed by the same school or remains on the school's approved substitute list.

(2) A substitute employee seeking to be added to another school's substitute list shall undergo an additional employment history review under this Section. Except as otherwise provided in paragraph (3) of this subsection (i), the appearance of a substitute employee on one school's substitute list does not relieve another school from compliance with this Section.

(3) An employment history review conducted upon initial hiring of a substitute employee by an independent contractor or any other entity that furnishes substitute staffing services to schools shall satisfy the requirements of this Section for all schools using the services of that independent contractor or other entity.

(4) An independent contractor or any other entity furnishing substitute staffing services to schools shall comply with paragraphs (3) and (4) of subsection (j).

(j) For employees of independent contractors, all of the following apply:

(1) The employment history review required by this Section shall be performed, either at the time of the initial hiring of an employee or prior to the assignment of an existing employee to perform work for a school in a position involving direct contact with children or students. The review shall remain valid as long as the employee remains employed by the same independent contractor, even if assigned to perform work for other schools.

(2) An independent contractor shall maintain records documenting employment history reviews for all employees as required by this Section and, upon request, shall provide a school for whom an employee is assigned to perform work access to the records pertaining to that employee.

(3) Prior to assigning an employee to perform work for a school in a position involving direct contact with children or students, the independent contractor shall inform the school of any instance known to the independent contractor in which the employee:

(A) was the subject of an abuse or sexual misconduct investigation by an employer, State licensing agency, law enforcement authority, or child protective services agency, unless the investigation resulted in a finding that an allegation was false;

(B) has ever been discharged, been asked to resign from, resigned from, or otherwise been separated from any employment, been removed from a substitute list, been disciplined by an employer, or had an employment contract not renewed while an allegation of abuse or sexual misconduct as described in subparagraph (A) was pending or under investigation or due to an adjudication or finding of abuse or sexual misconduct as described in subparagraph (A); or

(C) has ever had a license or certificate suspended, surrendered, or revoked while an allegation of abuse or sexual misconduct as described in subparagraph (A) was pending or under investigation or due to an adjudication or finding of abuse or sexual misconduct as described in subparagraph (A).

(4) The independent contractor may not assign an employee to perform work for a school in a position involving direct contact with children or students if the school objects to the assignment after being informed of an instance listed in paragraph (3).

(k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring.

(l) Nothing in this Section shall be construed:

(1) to prevent a prospective employer from conducting further investigations of prospective employees or from requiring applicants to provide additional background information or authorizations beyond what is required under this Section, nor to prevent a former employer from disclosing more information than what is required under this Section;

(2) to relieve a school, school administrator, or independent contractor of any legal responsibility to report suspected incidents of abuse;

(3) to relieve a school, school administrator, or independent contractor of any legal responsibility to report suspected incidents of professional misconduct; or

(4) to prohibit the right of the exclusive bargaining representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee's termination or discipline for just cause.

(m) The State Board of Education shall have jurisdiction to determine willful violations of this Section and may, following a hearing, assess a civil penalty not to exceed $10,000. The Attorney General may bring an action in the circuit court to enforce the collection of any monetary penalty imposed under this Section.

A school is prohibited from contracting with an independent contractor who is found to have willfully violated the provisions of this Section.

The State Board of Education may initiate disciplinary action against any applicant, employee, independent contractor, or school administrator who is subject to this Code for willful violations of this Section.

(n) The State Board of Education shall develop the forms for applicants and employers required under paragraphs (1) and (2) of subsection (c), as well as any other forms necessary to carry out the provisions of this Section.

(105 ILCS 5/27-9.1) (from Ch. 122, par. 27-9.1)

Sec. 27-9.1. Sex education.

(a) In this Section:

"Adapt" means to modify an evidence-based program model for use with a particular demographic, ethnic, linguistic, or cultural group.

"Age appropriate" means suitable to particular ages or age groups of children and adolescents, based on the developing cognitive, emotional, and behavioral capacity typical for the age or age group.

"Evidence-based program" means a program for which systematic, empirical research or evaluation has provided evidence of effectiveness.

"Medically accurate" means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, if applicable, or comprising information recognized as accurate, objective, and complete.

(a-5) No pupil shall be required to take or participate in any class or course in comprehensive sex education if his parent or guardian submits written objection thereto, and refusal to take or participate in such course or program shall not be reason for suspension or expulsion of such pupil. Each class or course in comprehensive sex education offered in any of grades 6 through 12 shall include instruction on both abstinence and contraception for the prevention of pregnancy and sexually transmitted diseases, including HIV/AIDS. Nothing in this Section prohibits instruction in sanitation, hygiene or traditional courses in biology.

(b) All public school classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall emphasize that abstinence from sexual intercourse is a responsible and positive decision and is the only protection that is 100% effective against unwanted teenage pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome (AIDS) when transmitted sexually.

(c) All classes that teach sex education and discuss sexual intercourse in grades 6 through 12 shall satisfy the following criteria:

(1) Course material and instruction shall be developmentally and age appropriate, medically accurate, and complete.

(1.5) Course material and instruction shall replicate evidence-based programs or substantially incorporate elements of evidence-based programs.

(2) Course material and instruction shall teach honor and respect for monogamous heterosexual marriage.

(3) Course material and instruction shall place substantial emphasis on both abstinence, including abstinence until marriage, and contraception for the prevention of pregnancy and sexually transmitted diseases among youth and shall stress that abstinence is the ensured method of avoiding unintended pregnancy, sexually transmitted diseases, and HIV/AIDS.

(4) Course material and instruction shall include a discussion of the possible emotional and psychological consequences of preadolescent and adolescent sexual intercourse and the consequences of unwanted adolescent pregnancy.

(5) Course material and instruction shall stress that sexually transmitted diseases are serious possible hazards of sexual intercourse. Pupils shall be provided with statistics based on the latest medical information citing the failure and success rates of condoms in preventing AIDS and other sexually transmitted diseases.

(6) Course material and instruction shall advise pupils of the laws pertaining to their financial responsibility to children born in and out of wedlock.

(7) Course material and instruction shall advise pupils of the circumstances under which it is unlawful for a person to have sexual relations with an individual who is under the age of 17 and for a person who is in a position of trust, authority, or supervision to have sexual relations with an individual who is under the age of 18 pursuant to Article 11 of the Criminal Code of 2012 and how it is unlawful for a person to commit sexual conduct with a pupil attending classes at a public or nonpublic secondary school if that person holds a position of trust, authority, or supervision in relation to the pupil in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act.

(8) Course material and instruction shall teach pupils to not make unwanted physical and verbal sexual advances and how to say no to unwanted sexual advances. Pupils shall be taught that it is wrong to take advantage of or to exploit another person. The material and instruction shall also encourage youth to resist negative peer pressure. The material and instruction shall include discussion on what may be considered sexual harassment or sexual assault.

(9) (Blank).

(10) Course material and instruction shall teach pupils about the dangers associated with drug and alcohol consumption during pregnancy.

(11) Course material and instruction must include an age-appropriate discussion on the meaning of consent that includes discussion on recognizing all of the following:

(A) That consent is a freely given agreement to sexual activity.

(B) That consent to one particular sexual activity does not constitute consent to other types of sexual activities.

(C) That a person's lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent.

(D) That a person's manner of dress does not constitute consent.

(E) That a person's consent to past sexual activity does not constitute consent to future sexual activity.

(F) That a person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.

(G) That a person can withdraw consent at any time.

(H) That a person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to certain circumstances that include, but are not limited to, (i) the person is incapacitated due to the use or influence of alcohol or drugs, (ii) the person is asleep or unconscious, (iii) the person is a minor, or (iv) the person is incapacitated due to a mental disability.

(d) An opportunity shall be afforded to individuals, including parents or guardians, to examine the instructional materials to be used in such class or course.

(e) The State Board of Education shall make available resource materials, with the cooperation and input of the agency that administers grant programs consistent with criteria (1) and (1.5) of subsection (c) of this Section, for educating children regarding sex education and may take into consideration the curriculum on this subject developed by other states, as well as any other curricular materials suggested by education experts and other groups that work on sex education issues. Materials may include without limitation model sex education curriculums and sexual health education programs. The State Board of Education shall make these resource materials available on its Internet website. School districts that do not currently provide sex education are not required to teach sex education. If a sex education class or course is offered in any of grades 6 through 12, the school district may choose and adapt the developmentally and age-appropriate, medically accurate, evidence-based, and complete sex education curriculum that meets the specific needs of its community.

(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act. No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly, a charter school's board of directors or other governing body must include at least one parent or guardian of a pupil currently enrolled in the charter school who may be selected through the charter school or a charter network election, appointment by the charter school's board of directors or other governing body, or by the charter school's Parent Teacher Organization or its equivalent.

(c-5) No later than January 1, 2021 (one year after the effective date of Public Act 101-291) this amendatory Act of the 101st General Assembly or within the first year of his or her first term, every voting member of a charter school's board of directors or other governing body shall complete a minimum of 4 hours of professional development leadership training to ensure that each member has sufficient familiarity with the board's or governing body's role and responsibilities, including financial oversight and accountability of the school, evaluating the principal's and school's performance, adherence to the Freedom of Information Act and the Open Meetings Act Acts, and compliance with education and labor law. In each subsequent year of his or her term, a voting member of a charter school's board of directors or other governing body shall complete a minimum of 2 hours of professional development training in these same areas. The training under this subsection may be provided or certified by a statewide charter school membership association or may be provided or certified by other qualified providers approved by the State Board of Education.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code;

(14) Section 26-18 of this Code;

(15) Section 22-30 of this Code; and

(16) Sections 24-12 and 34-85 of this Code; .

(17) the (16) The Seizure Smart School Act; and .

(18) Section 22-90 of this Code.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after April 16, 2003 (the effective date of Public Act 93-3) and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on April 16, 2003 (the effective date of Public Act 93-3) and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the State Board or Commission, then the charter school is its own local education agency.

(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)

Section 10. The Criminal Code of 2012 is amended by changing Sections 11-1.20, 11-1.60, and 11-25 as follows:

(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)

Sec. 11-1.20. Criminal sexual assault.

(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:

(1) uses force or threat of force;

(2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;

(3) is a family member of the victim, and the victim is under 18 years of age; or

(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age; or .

(5) the victim is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held a position of trust, authority, or supervision over the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act.

(b) Sentence.

(1) Criminal sexual assault is a Class 1 felony, except that:

(A) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years, except that if the person is under the age of 18 years at the time of the offense, he or she shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.

(B) A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this subparagraph (B) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.

(C) A second or subsequent conviction for a violation of paragraph (a)(3), or (a)(4), or (a)(5) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3), or (a)(4), or (a)(5) is a Class X felony.

(Source: P.A. 99-69, eff. 1-1-16.)

(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)

Sec. 11-1.60. Aggravated criminal sexual abuse.

(a) A person commits aggravated criminal sexual abuse if that person commits criminal sexual abuse and any of the following aggravating circumstances exist (i) during the commission of the offense or (ii) for purposes of paragraph (7), as part of the same course of conduct as the commission of the offense:

(1) the person displays, threatens to use, or uses a dangerous weapon or any other object fashioned or used in a manner that leads the victim, under the circumstances, reasonably to believe that the object is a dangerous weapon;

(2) the person causes bodily harm to the victim;

(3) the victim is 60 years of age or older;

(4) the victim is a person with a physical disability;

(5) the person acts in a manner that threatens or endangers the life of the victim or any other person;

(6) the person commits the criminal sexual abuse during the course of committing or attempting to commit any other felony; or

(7) the person delivers (by injection, inhalation, ingestion, transfer of possession, or any other means) any controlled substance to the victim for other than medical purposes without the victim's consent or by threat or deception.

(b) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is under 18 years of age and the person is a family member.

(c) A person commits aggravated criminal sexual abuse if:

(1) that person is 17 years of age or over and: (i) commits an act of sexual conduct with a victim who is under 13 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person uses force or threat of force to commit the act; or

(2) that person is under 17 years of age and: (i) commits an act of sexual conduct with a victim who is under 9 years of age; or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age and the person uses force or threat of force to commit the act.

(d) A person commits aggravated criminal sexual abuse if that person commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age and the person is at least 5 years older than the victim.

(e) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is a person with a severe or profound intellectual disability.

(f) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age and the person is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim.

(f-5) A person commits aggravated criminal sexual abuse if that person commits an act of sexual conduct with a victim who is at least 18 years of age but under 22 years of age and is a student attending classes at a public or nonpublic secondary school and the accused held a position of trust, authority, or supervision in relation to the victim in connection with an educational or extracurricular program or activity at the time of the commission of the act, regardless of the location or place of the commission of the act.

(g) Sentence. Aggravated criminal sexual abuse is a Class 2 felony.

(Source: P.A. 99-143, eff. 7-27-15.)

(720 ILCS 5/11-25)

Sec. 11-25. Grooming.

(a) A person commits grooming when he or she knowingly uses a computer on-line service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission or performs an act in person, through direct communication or by conduct through a third party, to seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child, a child's guardian, or another person believed by the person to be a child or a child's guardian, to commit any sex offense as defined in Section 2 of the Sex Offender Registration Act, to distribute photographs depicting the sex organs of the child, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child. As used in this Section, "child" means a person under 17 years of age.

(b) Sentence. Grooming is a Class 4 felony.

(Source: P.A. 100-428, eff. 1-1-18.)

Section 99. Effective date. This Act takes effect upon becoming law.