SB3261 103RD GENERAL ASSEMBLY

LRB103 36792 RJT 66902 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3261

Introduced 2/6/2024, by Sen. Dale Fowler

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.39
105 ILCS 5/34-18.85 new

Amends the School Code. Provides that, beginning with the 2024-2025 school year, at least once every 2 years, a school board shall conduct in-service training for all school district employees on how to identify trafficking in persons under the Criminal Code of 2012. Makes technical changes having a revisory function. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 10-22.39 and by adding Section 34-18.85 as follows:

(105 ILCS 5/10-22.39)

(Text of Section before amendment by P.A. 103-41 and P.A. 103-542)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers.

(b) In addition to other topics at in-service training programs, at least once every 2 years, licensed school personnel and administrators who work with pupils in kindergarten through grade 12 shall be trained to identify the warning signs of mental illness, trauma, and suicidal behavior in youth and shall be taught appropriate intervention and referral techniques. A school district may utilize the Illinois Mental Health First Aid training program, established under the Illinois Mental Health First Aid Training Act and administered by certified instructors trained by a national association recognized as an authority in behavioral health, to provide the training and meet the requirements under this subsection. If licensed school personnel or an administrator obtains mental health first aid training outside of an in-service training program, he or she may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection.

Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection (b).

A course of instruction as described in this subsection (b) must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code and may provide information that is relevant to and within the scope of the duties of licensed school personnel or school administrators. Such information may include, but is not limited to:

(1) the recognition of and care for trauma in students and staff;

(2) the relationship between educator wellness and student learning;

(3) the effect of trauma on student behavior and learning;

(4) the prevalence of trauma among students, including the prevalence of trauma among student populations at higher risk of experiencing trauma;

(5) the effects of implicit or explicit bias on recognizing trauma among various student groups in connection with race, ethnicity, gender identity, sexual orientation, socio-economic status, and other relevant factors; and

(6) effective district practices that are shown to:

(A) prevent and mitigate the negative effect of trauma on student behavior and learning; and

(B) support the emotional wellness of staff.

(c) School counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.

(d) In this subsection (d):

"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.

(e) At least every 2 years, an in-service training program for school personnel who work with pupils must be conducted by persons with expertise in anaphylactic reactions and management.

(f) At least once every 2 years, a school board shall conduct in-service training on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel.

(g) At least once every 2 years, a school board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. A school board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.

School district employees who are trained to respond to trauma pursuant to this subsection (g) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.

(i) Beginning with the 2024-2025 school year, at least once every 2 years, a school board shall conduct in-service training for all school district employees on how to identify trafficking in persons under Section 10-9 of the Criminal Code of 2012.

(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff. 1-1-24; revised 11-27-23.)

(Text of Section after amendment by P.A. 103-542 but before amendment by P.A. 103-41)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers, administrators, and school support personnel.

(b) In addition to other topics at in-service training programs listed in this Section, teachers, administrators, and school support personnel who work with pupils must be trained in the following topics: health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. In-service training programs in these topics shall be credited toward hours of professional development required for license renewal as outlined in subsection (e) of Section 21B-45.

School support personnel may be exempt from in-service training if the training is not relevant to the work they do.

Nurses and school nurses, as defined by Section 10-22.23, are exempt from training required in subsection (b-5).

Beginning July 1, 2024, all teachers, administrators, and school support personnel shall complete training as outlined in Section 10-22.39 during an in-service training program conducted by their school board or through other training opportunities, including, but not limited to, institutes under Section 3-11. Such training must be completed within 6 months of employment by a school board and renewed at least once every 5 years, unless required more frequently by other State or federal law or in accordance with this Section. If teachers, administrators, or school support personnel obtain training outside of an in-service training program or from a previous public school district or nonpublic school employer, they may present documentation showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. Training may be delivered through online, asynchronous means.

(b-5) Training regarding health conditions of students for staff required by this Section shall include, but is not limited to:

(1) Chronic health conditions of students.

(2) Anaphylactic reactions and management. Such training shall be conducted by persons with expertise in anaphylactic reactions and management.

(3) The management of asthma, the prevention of asthma symptoms, and emergency response in the school setting.

(4) The basics of seizure recognition and first aid and appropriate emergency protocols. Such training must be fully consistent with the best practice guidelines issued by the Centers for Disease Control and Prevention.

(5) The basics of diabetes care, how to identify when a student with diabetes needs immediate or emergency medical attention, and whom to contact in the case of an emergency.

(6) Current best practices regarding the identification and treatment of attention deficit hyperactivity disorder.

(7) Instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. Beginning with the 2024-2025 school year, training on life-threatening bleeding must be completed within 6 months of the employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter.

In consultation with professional organizations with expertise in student health issues, including, but not limited to, asthma management, anaphylactic reactions, seizure recognition, and diabetes care, the State Board of Education shall make available resource materials for educating school personnel about student health conditions and emergency response in the school setting.

A school board may satisfy the life-threatening bleeding training under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.

(b-10) The training regarding social-emotional learning, for staff required by this Section may include, at a minimum, providing education to all school personnel about the content of the Illinois Social and Emotional Learning Standards, how those standards apply to everyday school interactions, and examples of how social emotional learning can be integrated into instructional practices across all grades and subjects.

(b-15) The training regarding developing cultural competency for staff required by this Section shall include, but is not limited to, understanding and reducing implicit bias, including implicit racial bias. As used in this subsection, "implicit racial bias" has the meaning set forth in Section 10-20.61.

(b-20) The training regarding identifying warning signs of mental illness, trauma, and suicidal behavior in youth for staff required by this Section shall include, but is not limited to, appropriate intervention and referral techniques, including resources and guidelines as outlined in Section 2-3.166, and must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code.

Illinois Mental Health First Aid training, established under the Illinois Mental Health First Aid Training Act, may satisfy the requirements of this subsection.

If teachers, administrators, or school support personnel obtain mental health first aid training outside of an in-service training program, they may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection.

(b-25) As used in this subsection:

"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

The training regarding domestic and sexual violence and the needs of expectant and parenting youth for staff required by this Section must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth, and shall include, but is not limited to:

(1) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth;

(2) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed;

(3) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality; at . At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence; and

(4) procedures for responding to incidents of teen dating violence that take place at the school, on school grounds, at school-sponsored activities, or in vehicles used for school-provided transportation as outlined in Section 3.10 of the Critical Health Problems and Comprehensive Health Education Act.

(b-30) The training regarding protections and accommodations for students shall include, but is not limited to, instruction on the federal Americans with Disabilities Act, as it pertains to the school environment, and homelessness. Beginning with the 2024-2025 school year, training on homelessness must be completed within 6 months of an employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter. Training on homelessness shall include the following:

(1) the definition of homeless children and youths under 42 U.S.C. 11434a;

(2) the signs of homelessness and housing insecurity;

(3) the rights of students experiencing homelessness under State and federal law;

(4) the steps to take when a homeless or housing-insecure student is identified; and

(5) the appropriate referral techniques, including the name and contact number of the school or school district homeless liaison.

School boards may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training.

(b-35) The training regarding educator ethics and responding to child sexual abuse and grooming behavior shall include, but is not limited to, teacher-student conduct, school employee-student conduct, and evidence-informed training on preventing, recognizing, reporting, and responding to child sexual abuse and grooming as outlined in Section 10-23.13.

(b-40) The training regarding effective instruction in violence prevention and conflict resolution required by this Section shall be conducted in accordance with the requirements of Section 27-23.4.

(b-45) (c) Beginning July 1, 2024, all nonpublic elementary and secondary school teachers, administrators, and school support personnel shall complete the training set forth in subsection (b-5). Training must be completed within 6 months of first being employed by a nonpublic school and renewed at least once every 5 years, unless required more frequently by other State or federal law. If nonpublic teachers, administrators, or school support personnel obtain training from a public school district or nonpublic school employer, the teacher, administrator, or school support personnel may present documentation to the nonpublic school showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code and

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) At least once every 2 years, a school board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. A school board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.

School district employees who are trained to respond to trauma pursuant to this subsection (g) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.

(i) Beginning with the 2024-2025 school year, at least once every 2 years, a school board shall conduct in-service training for all school district employees on how to identify trafficking in persons under Section 10-9 of the Criminal Code of 2012.

(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-128, eff. 6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542); revised 11-27-23.)

(Text of Section after amendment by P.A. 103-41)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers, administrators, and school support personnel.

(b) In addition to other topics at in-service training programs listed in this Section, teachers, administrators, and school support personnel who work with pupils must be trained in the following topics: health conditions of students; social-emotional learning; developing cultural competency; identifying warning signs of mental illness and suicidal behavior in youth; domestic and sexual violence and the needs of expectant and parenting youth; protections and accommodations for students; educator ethics; responding to child sexual abuse and grooming behavior; and effective instruction in violence prevention and conflict resolution. In-service training programs in these topics shall be credited toward hours of professional development required for license renewal as outlined in subsection (e) of Section 21B-45.

School support personnel may be exempt from in-service training if the training is not relevant to the work they do.

Nurses and school nurses, as defined by Section 10-22.23, are exempt from training required in subsection (b-5).

Beginning July 1, 2024, all teachers, administrators, and school support personnel shall complete training as outlined in Section 10-22.39 during an in-service training program conducted by their school board or through other training opportunities, including, but not limited to, institutes under Section 3-11. Such training must be completed within 6 months of employment by a school board and renewed at least once every 5 years, unless required more frequently by other State or federal law or in accordance with this Section. If teachers, administrators, or school support personnel obtain training outside of an in-service training program or from a previous public school district or nonpublic school employer, they may present documentation showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. Training may be delivered through online, asynchronous means.

(b-5) Training regarding health conditions of students for staff required by this Section shall include, but is not limited to:

(1) Chronic health conditions of students.

(2) Anaphylactic reactions and management. Such training shall be conducted by persons with expertise in anaphylactic reactions and management.

(3) The management of asthma, the prevention of asthma symptoms, and emergency response in the school setting.

(4) The basics of seizure recognition and first aid and appropriate emergency protocols. Such training must be fully consistent with the best practice guidelines issued by the Centers for Disease Control and Prevention.

(5) The basics of diabetes care, how to identify when a student with diabetes needs immediate or emergency medical attention, and whom to contact in the case of an emergency.

(6) Current best practices regarding the identification and treatment of attention deficit hyperactivity disorder.

(7) Instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. Beginning with the 2024-2025 school year, training on life-threatening bleeding must be completed within 6 months of the employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter.

In consultation with professional organizations with expertise in student health issues, including, but not limited to, asthma management, anaphylactic reactions, seizure recognition, and diabetes care, the State Board of Education shall make available resource materials for educating school personnel about student health conditions and emergency response in the school setting.

A school board may satisfy the life-threatening bleeding training under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.

(b-10) The training regarding social-emotional learning, for staff required by this Section may include, at a minimum, providing education to all school personnel about the content of the Illinois Social and Emotional Learning Standards, how those standards apply to everyday school interactions, and examples of how social emotional learning can be integrated into instructional practices across all grades and subjects.

(b-15) The training regarding developing cultural competency for staff required by this Section shall include, but is not limited to, understanding and reducing implicit bias, including implicit racial bias. As used in this subsection, "implicit racial bias" has the meaning set forth in Section 10-20.61.

(b-20) The training regarding identifying warning signs of mental illness, trauma, and suicidal behavior in youth for staff required by this Section shall include, but is not limited to, appropriate intervention and referral techniques, including resources and guidelines as outlined in Section 2-3.166, and must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code.

Illinois Mental Health First Aid training, established under the Illinois Mental Health First Aid Training Act, may satisfy the requirements of this subsection.

If teachers, administrators, or school support personnel obtain mental health first aid training outside of an in-service training program, they may present a certificate of successful completion of the training to the school district to satisfy the requirements of this subsection. Training regarding the implementation of trauma-informed practices satisfies the requirements of this subsection.

(b-25) As used in this subsection:

"Domestic violence" means abuse by a family or household member, as "abuse" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of 2012, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

The training regarding domestic and sexual violence and the needs of expectant and parenting youth for staff required by this Section must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth, and shall include, but is not limited to:

(1) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth;

(2) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed;

(3) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality; at . At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence; and

(4) procedures for responding to incidents of teen dating violence that take place at the school, on school grounds, at school-sponsored activities, or in vehicles used for school-provided transportation as outlined in Section 3.10 of the Critical Health Problems and Comprehensive Health Education Act.

(b-30) The training regarding protections and accommodations for students shall include, but is not limited to, instruction on the federal Americans with Disabilities Act, as it pertains to the school environment, and homelessness. Beginning with the 2024-2025 school year, training on homelessness must be completed within 6 months of an employee first being employed by a school board and renewed within 2 years. Beginning with the 2027-2028 school year, the training must be completed within 6 months of the employee first being employed by a school board and renewed at least once every 5 years thereafter. Training on homelessness shall include the following:

(1) the definition of homeless children and youths under 42 U.S.C. 11434a;

(2) the signs of homelessness and housing insecurity;

(3) the rights of students experiencing homelessness under State and federal law;

(4) the steps to take when a homeless or housing-insecure student is identified; and

(5) the appropriate referral techniques, including the name and contact number of the school or school district homeless liaison.

School boards may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training.

(b-35) The training regarding educator ethics and responding to child sexual abuse and grooming behavior shall include, but is not limited to, teacher-student conduct, school employee-student conduct, and evidence-informed training on preventing, recognizing, reporting, and responding to child sexual abuse and grooming as outlined in Section 10-23.13.

(b-40) The training regarding effective instruction in violence prevention and conflict resolution required by this Section shall be conducted in accordance with the requirements of Section 27-23.4.

(b-45) (c) Beginning July 1, 2024, all nonpublic elementary and secondary school teachers, administrators, and school support personnel shall complete the training set forth in subsection (b-5). Training must be completed within 6 months of first being employed by a nonpublic school and renewed at least once every 5 years, unless required more frequently by other State or federal law. If nonpublic teachers, administrators, or school support personnel obtain training from a public school district or nonpublic school employer, the teacher, administrator, or school support personnel may present documentation to the nonpublic school showing current compliance with this subsection to satisfy the requirement of receiving training within 6 months of first being employed. must include the definitions of trauma, trauma-responsive learning environments, and whole child set forth in subsection (b) of Section 3-11 of this Code and

(c) (Blank).

(d) (Blank).

(e) (Blank).

(f) (Blank).

(g) At least once every 2 years, a school board shall conduct in-service training for all school district employees on the methods to respond to trauma. The training must include instruction on how to respond to an incident involving life-threatening bleeding and, if applicable, how to use a school's trauma kit. A school board may satisfy the training requirements under this subsection by using the training, including online training, available from the American College of Surgeons or any other similar organization.

School district employees who are trained to respond to trauma pursuant to this subsection (g) shall be immune from civil liability in the use of a trauma kit unless the action constitutes willful or wanton misconduct.

(h) (g) At least once every 2 years, a school board shall conduct in-service training on homelessness for all school personnel. The training shall include:

(1) the definition of homeless children and youth under Section 11434a of Title 42 of the United States Code;

(2) the signs of homelessness and housing insecurity;

(3) the rights of students experiencing homelessness under State and federal law;

(4) the steps to take when a homeless or housing-insecure student is identified; and

(5) the appropriate referral techniques, including the name and contact number of the school or school district homeless liaison.

A school board may work with a community-based organization that specializes in working with homeless children and youth to develop and provide the training.

(i) Beginning with the 2024-2025 school year, at least once every 2 years, a school board shall conduct in-service training for all school district employees on how to identify trafficking in persons under Section 10-9 of the Criminal Code of 2012.

(Source: P.A. 102-197, eff. 7-30-21; 102-638, eff. 1-1-23; 102-813, eff. 5-13-22; 103-41, eff. 8-20-24; 103-128, eff. 6-30-23; 103-413, eff. 1-1-24; 103-542, eff. 7-1-24 (see Section 905 of P.A. 103-563 for effective date of P.A. 103-542); revised 11-27-23.)

(105 ILCS 5/34-18.85 new)

Sec. 34-18.85. Training on identifying trafficking in persons. Beginning with the 2024-2025 school year, at least once every 2 years, the board shall conduct in-service training for all school district employees on how to identify trafficking in persons under Section 10-9 of the Criminal Code of 2012.

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

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