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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as Faith's Law. | ||||||
5 | Section 5. The School Code is amended by adding Sections | ||||||
6 | 2-3.188 and 22-85.5 and by changing Sections 21B-45 and 27A-5 | ||||||
7 | as follows: | ||||||
8 | (105 ILCS 5/2-3.188 new) | ||||||
9 | Sec. 2-3.188. Resource guide. | ||||||
10 | (a) By July 1, 2023, the State Board of Education, in | ||||||
11 | consultation with relevant stakeholders, as needed, shall | ||||||
12 | develop and maintain a resource guide that shall be made | ||||||
13 | available on the State Board's Internet website. The resource | ||||||
14 | guide shall provide guidance for pupils, parents or guardians, | ||||||
15 | and teachers about sexual abuse response and prevention | ||||||
16 | resources available in their community. The resource guide | ||||||
17 | shall, at a minimum, provide all of the following information: | ||||||
18 | (1) Contact information, the location, and a list of | ||||||
19 | the services provided by or available through accredited | ||||||
20 | children's advocacy centers. | ||||||
21 | (2) Contact information and a list of the services | ||||||
22 | offered by organizations that provide medical evaluations |
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1 | and treatment to victims of child sexual abuse. | ||||||
2 | (3) Contact information and a list of the services | ||||||
3 | offered by organizations that provide mental health | ||||||
4 | evaluations and services to victims and the families of | ||||||
5 | victims of child sexual abuse. | ||||||
6 | (4) Contact information of organizations that offer | ||||||
7 | legal assistance to and provide advocacy on behalf of | ||||||
8 | victims of child sexual abuse. | ||||||
9 | (b) At the beginning of the school year, each school | ||||||
10 | district, charter school, or nonpublic school shall notify the | ||||||
11 | parents or guardians of enrolled students of the availability | ||||||
12 | of the resource guide. Each school district, charter school, | ||||||
13 | or nonpublic school shall furnish the resource guide to a | ||||||
14 | student's parent or guardian at the request of the parent or | ||||||
15 | guardian and may also make the resource guide available on its | ||||||
16 | Internet website. | ||||||
17 | (c) The State Board of Education shall periodically review | ||||||
18 | the information contained in the resource guide and update the | ||||||
19 | information as necessary. | ||||||
20 | (105 ILCS 5/21B-45) | ||||||
21 | Sec. 21B-45. Professional Educator License renewal. | ||||||
22 | (a) Individuals holding a Professional Educator License | ||||||
23 | are required to complete the licensure renewal requirements as | ||||||
24 | specified in this Section, unless otherwise provided in this | ||||||
25 | Code. |
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1 | Individuals holding a Professional Educator License shall | ||||||
2 | meet the renewal requirements set forth in this Section, | ||||||
3 | unless otherwise provided in this Code. If an individual holds | ||||||
4 | a license endorsed in more than one area that has different | ||||||
5 | renewal requirements, that individual shall follow the renewal | ||||||
6 | requirements for the position for which he or she spends the | ||||||
7 | majority of his or her time working. | ||||||
8 | (b) All Professional Educator Licenses not renewed as | ||||||
9 | provided in this Section shall lapse on September 1 of that | ||||||
10 | year. Notwithstanding any other provisions of this Section, if | ||||||
11 | a license holder's electronic mail address is available, the | ||||||
12 | State Board of Education shall send him or her notification | ||||||
13 | electronically that his or her license will lapse if not | ||||||
14 | renewed, to be sent no more than 6 months prior to the license | ||||||
15 | lapsing. Lapsed licenses may be immediately reinstated upon | ||||||
16 | (i) payment by the applicant of a $500 penalty to the State | ||||||
17 | Board of Education or (ii) the demonstration of proficiency by | ||||||
18 | completing 9 semester hours of coursework from a regionally | ||||||
19 | accredited institution of higher education in the content area | ||||||
20 | that most aligns with one or more of the educator's | ||||||
21 | endorsement areas. Any and all back fees, including without | ||||||
22 | limitation registration fees owed from the time of expiration | ||||||
23 | of the license until the date of reinstatement, shall be paid | ||||||
24 | and kept in accordance with the provisions in Article 3 of this | ||||||
25 | Code concerning an institute fund and the provisions in | ||||||
26 | Article 21B of this Code concerning fees and requirements for |
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1 | registration. Licenses not registered in accordance with | ||||||
2 | Section 21B-40 of this Code shall lapse after a period of 6 | ||||||
3 | months from the expiration of the last year of registration or | ||||||
4 | on January 1 of the fiscal year following initial issuance of | ||||||
5 | the license. An unregistered license is invalid after | ||||||
6 | September 1 for employment and performance of services in an | ||||||
7 | Illinois public or State-operated school or cooperative and in | ||||||
8 | a charter school. Any license or endorsement may be | ||||||
9 | voluntarily surrendered by the license holder. A voluntarily | ||||||
10 | surrendered license shall be treated as a revoked license. An | ||||||
11 | Educator License with Stipulations with only a | ||||||
12 | paraprofessional endorsement does not lapse.
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13 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
14 | satisfy the requirements for licensure renewal provided for in | ||||||
15 | this Section, each professional educator licensee with an | ||||||
16 | administrative endorsement who is working in a position | ||||||
17 | requiring such endorsement shall complete one Illinois | ||||||
18 | Administrators' Academy course, as described in Article 2 of | ||||||
19 | this Code, per fiscal year. | ||||||
20 | (c-5) All licenses issued by the State Board of Education | ||||||
21 | under this Article that expire on June 30, 2020 and have not | ||||||
22 | been renewed by the end of the 2020 renewal period shall be | ||||||
23 | extended for one year and shall expire on June 30, 2021. | ||||||
24 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
25 | requirements for licensure renewal provided for in this | ||||||
26 | Section, each professional educator licensee may create a |
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1 | professional development plan each year. The plan shall | ||||||
2 | address one or more of the endorsements that are required of | ||||||
3 | his or her educator position if the licensee is employed and | ||||||
4 | performing services in an Illinois public or State-operated | ||||||
5 | school or cooperative. If the licensee is employed in a | ||||||
6 | charter school, the plan shall address that endorsement or | ||||||
7 | those endorsements most closely related to his or her educator | ||||||
8 | position. Licensees employed and performing services in any | ||||||
9 | other Illinois schools may participate in the renewal | ||||||
10 | requirements by adhering to the same process. | ||||||
11 | Except as otherwise provided in this Section, the | ||||||
12 | licensee's professional development activities shall align | ||||||
13 | with one or more of the following criteria: | ||||||
14 | (1) activities are of a type that engage participants | ||||||
15 | over a sustained period of time allowing for analysis, | ||||||
16 | discovery, and application as they relate to student | ||||||
17 | learning, social or emotional achievement, or well-being; | ||||||
18 | (2) professional development aligns to the licensee's | ||||||
19 | performance; | ||||||
20 | (3) outcomes for the activities must relate to student | ||||||
21 | growth or district improvement; | ||||||
22 | (4) activities align to State-approved standards;
and | ||||||
23 | (5) higher education coursework. | ||||||
24 | (e) For each renewal cycle, each professional educator | ||||||
25 | licensee shall engage in professional development activities. | ||||||
26 | Prior to renewal, the licensee shall enter electronically into |
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1 | the Educator Licensure Information System (ELIS) the name, | ||||||
2 | date, and location of the activity, the number of professional | ||||||
3 | development hours, and the provider's name. The following | ||||||
4 | provisions shall apply concerning professional development | ||||||
5 | activities: | ||||||
6 | (1) Each licensee shall complete a total of 120 hours | ||||||
7 | of professional development per 5-year renewal cycle in | ||||||
8 | order to renew the license, except as otherwise provided | ||||||
9 | in this Section. | ||||||
10 | (2) Beginning with his or her first full 5-year cycle, | ||||||
11 | any licensee with an administrative endorsement who is not | ||||||
12 | working in a position requiring such endorsement is not | ||||||
13 | required to complete Illinois Administrators' Academy | ||||||
14 | courses, as described in Article 2 of this Code. Such | ||||||
15 | licensees must complete one Illinois Administrators' | ||||||
16 | Academy course within one year after returning to a | ||||||
17 | position that requires the administrative endorsement. | ||||||
18 | (3) Any licensee with an administrative endorsement | ||||||
19 | who is working in a position requiring such endorsement or | ||||||
20 | an individual with a Teacher Leader endorsement serving in | ||||||
21 | an administrative capacity at least 50% of the day shall | ||||||
22 | complete one Illinois Administrators' Academy course, as | ||||||
23 | described in Article 2 of this Code, each fiscal year in | ||||||
24 | addition to 100 hours of professional development per | ||||||
25 | 5-year renewal cycle in accordance with this Code. | ||||||
26 | (4) Any licensee holding a current National Board for |
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1 | Professional Teaching Standards (NBPTS) master teacher | ||||||
2 | designation shall complete a total of 60 hours of | ||||||
3 | professional development per 5-year renewal cycle in order | ||||||
4 | to renew the license. | ||||||
5 | (5) Licensees working in a position that does not | ||||||
6 | require educator licensure or working in a position for | ||||||
7 | less than 50% for any particular year are considered to be | ||||||
8 | exempt and shall be required to pay only the registration | ||||||
9 | fee in order to renew and maintain the validity of the | ||||||
10 | license. | ||||||
11 | (6) Licensees who are retired and qualify for benefits | ||||||
12 | from a State of Illinois retirement system shall notify | ||||||
13 | the State Board of Education using ELIS, and the license | ||||||
14 | shall be maintained in retired status. For any renewal | ||||||
15 | cycle in which a licensee retires during the renewal | ||||||
16 | cycle, the licensee must complete professional development | ||||||
17 | activities on a prorated basis depending on the number of | ||||||
18 | years during the renewal cycle the educator held an active | ||||||
19 | license. If a licensee retires during a renewal cycle, the | ||||||
20 | licensee must notify the State Board of Education using | ||||||
21 | ELIS that the licensee wishes to maintain the license in | ||||||
22 | retired status and must show proof of completion of | ||||||
23 | professional development activities on a prorated basis | ||||||
24 | for all years of that renewal cycle for which the license | ||||||
25 | was active. An individual with a license in retired status | ||||||
26 | shall not be required to complete professional development |
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1 | activities or pay registration fees until returning to a | ||||||
2 | position that requires educator licensure. Upon returning | ||||||
3 | to work in a position that requires the Professional | ||||||
4 | Educator License, the licensee shall immediately pay a | ||||||
5 | registration fee and complete renewal requirements for | ||||||
6 | that year. A license in retired status cannot lapse. | ||||||
7 | Beginning on January 6, 2017 (the effective date of Public | ||||||
8 | Act 99-920) through December 31, 2017, any licensee who | ||||||
9 | has retired and whose license has lapsed for failure to | ||||||
10 | renew as provided in this Section may reinstate that | ||||||
11 | license and maintain it in retired status upon providing | ||||||
12 | proof to the State Board of Education using ELIS that the | ||||||
13 | licensee is retired and is not working in a position that | ||||||
14 | requires a Professional Educator License. | ||||||
15 | (7) For any renewal cycle in which professional | ||||||
16 | development hours were required, but not fulfilled, the | ||||||
17 | licensee shall complete any missed hours to total the | ||||||
18 | minimum professional development hours required in this | ||||||
19 | Section prior to September 1 of that year. Professional | ||||||
20 | development hours used to fulfill the minimum required | ||||||
21 | hours for a renewal cycle may be used for only one renewal | ||||||
22 | cycle. For any fiscal year or renewal cycle in which an | ||||||
23 | Illinois Administrators' Academy course was required but | ||||||
24 | not completed, the licensee shall complete any missed | ||||||
25 | Illinois Administrators' Academy courses prior to | ||||||
26 | September 1 of that year. The licensee may complete all |
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1 | deficient hours and Illinois Administrators' Academy | ||||||
2 | courses while continuing to work in a position that | ||||||
3 | requires that license until September 1 of that year. | ||||||
4 | (8) Any licensee who has not fulfilled the | ||||||
5 | professional development renewal requirements set forth in | ||||||
6 | this Section at the end of any 5-year renewal cycle is | ||||||
7 | ineligible to register his or her license and may submit | ||||||
8 | an appeal to the State Superintendent of Education for | ||||||
9 | reinstatement of the license. | ||||||
10 | (9) If professional development opportunities were | ||||||
11 | unavailable to a licensee, proof that opportunities were | ||||||
12 | unavailable and request for an extension of time beyond | ||||||
13 | August 31 to complete the renewal requirements may be | ||||||
14 | submitted from April 1 through June 30 of that year to the | ||||||
15 | State Educator Preparation and Licensure Board. If an | ||||||
16 | extension is approved, the license shall remain valid | ||||||
17 | during the extension period. | ||||||
18 | (10) Individuals who hold exempt licenses prior to | ||||||
19 | December 27, 2013 (the effective date of Public Act | ||||||
20 | 98-610) shall commence the annual renewal process with the | ||||||
21 | first scheduled registration due after December 27, 2013 | ||||||
22 | (the effective date of Public Act 98-610). | ||||||
23 | (11) Notwithstanding any other provision of this | ||||||
24 | subsection (e), if a licensee earns more than the required | ||||||
25 | number of professional development hours during a renewal | ||||||
26 | cycle, then the licensee may carry over any hours earned |
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1 | from April 1 through June 30 of the last year of the | ||||||
2 | renewal cycle. Any hours carried over in this manner must | ||||||
3 | be applied to the next renewal cycle. Illinois | ||||||
4 | Administrators' Academy courses or hours earned in those | ||||||
5 | courses may not be carried over. | ||||||
6 | (f) At the time of renewal, each licensee shall respond to | ||||||
7 | the required questions under penalty of perjury. | ||||||
8 | (f-5) The State Board of Education shall conduct random | ||||||
9 | audits of licensees to verify a licensee's fulfillment of the | ||||||
10 | professional development hours required under this Section. | ||||||
11 | Upon completion of a random audit, if it is determined by the | ||||||
12 | State Board of Education that the licensee did not complete | ||||||
13 | the required number of professional development hours or did | ||||||
14 | not provide sufficient proof of completion, the licensee shall | ||||||
15 | be notified that his or her license has lapsed. A license that | ||||||
16 | has lapsed under this subsection may be reinstated as provided | ||||||
17 | in subsection (b). | ||||||
18 | (g) The following entities shall be designated as approved | ||||||
19 | to provide professional development activities for the renewal | ||||||
20 | of Professional Educator Licenses: | ||||||
21 | (1) The State Board of Education. | ||||||
22 | (2) Regional offices of education and intermediate | ||||||
23 | service centers. | ||||||
24 | (3) Illinois professional associations representing | ||||||
25 | the following groups that are approved by the State | ||||||
26 | Superintendent of Education: |
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1 | (A) school administrators; | ||||||
2 | (B) principals; | ||||||
3 | (C) school business officials; | ||||||
4 | (D) teachers, including special education | ||||||
5 | teachers; | ||||||
6 | (E) school boards; | ||||||
7 | (F) school districts; | ||||||
8 | (G) parents; and | ||||||
9 | (H) school service personnel. | ||||||
10 | (4) Regionally accredited institutions of higher | ||||||
11 | education that offer Illinois-approved educator | ||||||
12 | preparation programs and public community colleges subject | ||||||
13 | to the Public Community College Act. | ||||||
14 | (5) Illinois public school districts, charter schools | ||||||
15 | authorized under Article 27A of this Code, and joint | ||||||
16 | educational programs authorized under Article 10 of this | ||||||
17 | Code for the purposes of providing career and technical | ||||||
18 | education or special education services. | ||||||
19 | (6) A not-for-profit organization that, as of December | ||||||
20 | 31, 2014 (the effective date of Public Act 98-1147), has | ||||||
21 | had or has a grant from or a contract with the State Board | ||||||
22 | of Education to provide professional development services | ||||||
23 | in the area of English Learning to Illinois school | ||||||
24 | districts, teachers, or administrators. | ||||||
25 | (7) State agencies, State boards, and State | ||||||
26 | commissions. |
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1 | (8) Museums as defined in Section 10 of the Museum | ||||||
2 | Disposition of Property Act. | ||||||
3 | (h) Approved providers under subsection (g) of this | ||||||
4 | Section shall make available professional development | ||||||
5 | opportunities that satisfy at least one of the following: | ||||||
6 | (1) increase the knowledge and skills of school and | ||||||
7 | district leaders who guide continuous professional | ||||||
8 | development; | ||||||
9 | (2) improve the learning of students; | ||||||
10 | (3) organize adults into learning communities whose | ||||||
11 | goals are aligned with those of the school and district; | ||||||
12 | (4) deepen educator's content knowledge; | ||||||
13 | (5) provide educators with research-based | ||||||
14 | instructional strategies to assist students in meeting | ||||||
15 | rigorous academic standards; | ||||||
16 | (6) prepare educators to appropriately use various | ||||||
17 | types of classroom assessments; | ||||||
18 | (7) use learning strategies appropriate to the | ||||||
19 | intended goals; | ||||||
20 | (8) provide educators with the knowledge and skills to | ||||||
21 | collaborate; | ||||||
22 | (9) prepare educators to apply research to decision | ||||||
23 | making; or | ||||||
24 | (10) provide educators with training on inclusive | ||||||
25 | practices in the classroom that examines instructional and | ||||||
26 | behavioral strategies that improve academic and |
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1 | social-emotional outcomes for all students, with or | ||||||
2 | without disabilities, in a general education setting ; or . | ||||||
3 | (11) beginning on July 1, 2022, provide educators with | ||||||
4 | training on the physical
and mental health needs of | ||||||
5 | students, student safety, educator ethics, professional | ||||||
6 | conduct, and
other topics that address the well-being of | ||||||
7 | students and improve the academic and social-emotional
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8 | outcomes of students. | ||||||
9 | (i) Approved providers under subsection (g) of this | ||||||
10 | Section shall do the following: | ||||||
11 | (1) align professional development activities to the | ||||||
12 | State-approved national standards for professional | ||||||
13 | learning; | ||||||
14 | (2) meet the professional development criteria for | ||||||
15 | Illinois licensure renewal; | ||||||
16 | (3) produce a rationale for the activity that explains | ||||||
17 | how it aligns to State standards and identify the | ||||||
18 | assessment for determining the expected impact on student | ||||||
19 | learning or school improvement; | ||||||
20 | (4) maintain original documentation for completion of | ||||||
21 | activities; | ||||||
22 | (5) provide license holders with evidence of | ||||||
23 | completion of activities; | ||||||
24 | (6) request an Illinois Educator Identification Number | ||||||
25 | (IEIN) for each educator during each professional | ||||||
26 | development activity; and |
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1 | (7) beginning on July 1, 2019, register annually with | ||||||
2 | the State Board of Education prior to offering any | ||||||
3 | professional development opportunities in the current | ||||||
4 | fiscal year. | ||||||
5 | (j) The State Board of Education shall conduct annual | ||||||
6 | audits of a subset of approved providers, except for school | ||||||
7 | districts, which shall be audited by regional offices of | ||||||
8 | education and intermediate service centers. The State Board of | ||||||
9 | Education shall ensure that each approved provider, except for | ||||||
10 | a school district, is audited at least once every 5 years. The | ||||||
11 | State Board of Education may conduct more frequent audits of | ||||||
12 | providers if evidence suggests the requirements of this | ||||||
13 | Section or administrative rules are not being met. | ||||||
14 | (1) (Blank). | ||||||
15 | (2) Approved providers shall comply with the | ||||||
16 | requirements in subsections (h) and (i) of this Section by | ||||||
17 | annually submitting data to the State Board of Education | ||||||
18 | demonstrating how the professional development activities | ||||||
19 | impacted one or more of the following: | ||||||
20 | (A) educator and student growth in regards to | ||||||
21 | content knowledge or skills, or both; | ||||||
22 | (B) educator and student social and emotional | ||||||
23 | growth; or | ||||||
24 | (C) alignment to district or school improvement | ||||||
25 | plans. | ||||||
26 | (3) The State Superintendent of Education shall review |
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1 | the annual data collected by the State Board of Education, | ||||||
2 | regional offices of education, and intermediate service | ||||||
3 | centers in audits to determine if the approved provider | ||||||
4 | has met the criteria and should continue to be an approved | ||||||
5 | provider or if further action should be taken as provided | ||||||
6 | in rules. | ||||||
7 | (k) Registration fees shall be paid for the next renewal | ||||||
8 | cycle between April 1 and June 30 in the last year of each | ||||||
9 | 5-year renewal cycle using ELIS. If all required professional | ||||||
10 | development hours for the renewal cycle have been completed | ||||||
11 | and entered by the licensee, the licensee shall pay the | ||||||
12 | registration fees for the next cycle using a form of credit or | ||||||
13 | debit card. | ||||||
14 | (l) Any professional educator licensee endorsed for school | ||||||
15 | support personnel who is employed and performing services in | ||||||
16 | Illinois public schools and who holds an active and current | ||||||
17 | professional license issued by the Department of Financial and | ||||||
18 | Professional Regulation or a national certification board, as | ||||||
19 | approved by the State Board of Education, related to the | ||||||
20 | endorsement areas on the Professional Educator License shall | ||||||
21 | be deemed to have satisfied the continuing professional | ||||||
22 | development requirements provided for in this Section. Such | ||||||
23 | individuals shall be required to pay only registration fees to | ||||||
24 | renew the Professional Educator License. An individual who | ||||||
25 | does not hold a license issued by the Department of Financial | ||||||
26 | and Professional Regulation shall complete professional |
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1 | development requirements for the renewal of a Professional | ||||||
2 | Educator License provided for in this Section. | ||||||
3 | (m) Appeals to the State Educator Preparation and | ||||||
4 | Licensure Board
must be made within 30 days after receipt of | ||||||
5 | notice from the State Superintendent of Education that a | ||||||
6 | license will not be renewed based upon failure to complete the | ||||||
7 | requirements of this Section. A licensee may appeal that | ||||||
8 | decision to the State Educator Preparation and Licensure Board | ||||||
9 | in a manner prescribed by rule. | ||||||
10 | (1) Each appeal shall state the reasons why the State | ||||||
11 | Superintendent's decision should be reversed and shall be | ||||||
12 | sent by certified mail, return receipt requested, to the | ||||||
13 | State Board of Education. | ||||||
14 | (2) The State Educator Preparation and Licensure Board | ||||||
15 | shall review each appeal regarding renewal of a license | ||||||
16 | within 90 days after receiving the appeal in order to | ||||||
17 | determine whether the licensee has met the requirements of | ||||||
18 | this Section. The State Educator Preparation and Licensure | ||||||
19 | Board may hold an appeal hearing or may make its | ||||||
20 | determination based upon the record of review, which shall | ||||||
21 | consist of the following: | ||||||
22 | (A) the regional superintendent of education's | ||||||
23 | rationale for recommending nonrenewal of the license, | ||||||
24 | if applicable; | ||||||
25 | (B) any evidence submitted to the State | ||||||
26 | Superintendent along with the individual's electronic |
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1 | statement of assurance for renewal; and | ||||||
2 | (C) the State Superintendent's rationale for | ||||||
3 | nonrenewal of the license. | ||||||
4 | (3) The State Educator Preparation and Licensure Board | ||||||
5 | shall notify the licensee of its decision regarding | ||||||
6 | license renewal by certified mail, return receipt | ||||||
7 | requested, no later than 30 days after reaching a | ||||||
8 | decision. Upon receipt of notification of renewal, the | ||||||
9 | licensee, using ELIS, shall pay the applicable | ||||||
10 | registration fee for the next cycle using a form of credit | ||||||
11 | or debit card. | ||||||
12 | (n) The State Board of Education may adopt rules as may be | ||||||
13 | necessary to implement this Section. | ||||||
14 | (Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | ||||||
15 | 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | ||||||
16 | 1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.) | ||||||
17 | (105 ILCS 5/22-85.5 new) | ||||||
18 | Sec. 22-85.5. Sexual misconduct in schools. | ||||||
19 | (a) This Section applies beginning on July 1, 2022. | ||||||
20 | (b) The General Assembly finds that: | ||||||
21 | (1) the success of students in school relies on safe | ||||||
22 | learning environments and healthy relationships with | ||||||
23 | school personnel; | ||||||
24 | (2) it is important for staff to maintain a | ||||||
25 | professional relationship with students at all times and |
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1 | to define staff-student boundaries to protect students | ||||||
2 | from sexual misconduct by staff and staff from the | ||||||
3 | appearance of impropriety; | ||||||
4 | (3) many breaches of staff-student boundaries do not | ||||||
5 | rise to the level of criminal behavior but do pose a | ||||||
6 | potential risk to student safety; | ||||||
7 | (4) repeated violations of staff–student boundaries | ||||||
8 | can indicate the grooming of a student for sexual abuse; | ||||||
9 | (5) it is necessary to uphold the State Board of | ||||||
10 | Education's Code of Ethics for Illinois Educators and for | ||||||
11 | each school district, charter school, or nonpublic school | ||||||
12 | to have an employee code of professional conduct policy; | ||||||
13 | (6) each school district, charter school, or nonpublic | ||||||
14 | school must have the ability to discipline educators for | ||||||
15 | breaches of its employee code of professional conduct | ||||||
16 | policy; | ||||||
17 | (7) each school district, charter school, or nonpublic | ||||||
18 | school must have the ability to know if any of its | ||||||
19 | educators have violated professional staff–student | ||||||
20 | boundaries in previous employment; and | ||||||
21 | (8) as bystanders, educators may have knowledge of | ||||||
22 | concerning behaviors that no one else is aware of, so they | ||||||
23 | need adequate training on sexual abuse, the employee code | ||||||
24 | of professional conduct policy, and federal and State | ||||||
25 | reporting requirements. | ||||||
26 | (c) In this Section, "sexual misconduct" means any act, |
| |||||||
| |||||||
1 | including, but not limited to,
any verbal, nonverbal, written, | ||||||
2 | or electronic communication or
physical activity, by an | ||||||
3 | employee or agent of the school district, charter school, or | ||||||
4 | nonpublic school with direct contact with a student that is | ||||||
5 | directed toward or with a student to establish a romantic or | ||||||
6 | sexual relationship with the student. Such an act includes, | ||||||
7 | but is not limited to, any of the following: | ||||||
8 | (1) A sexual or romantic invitation. | ||||||
9 | (2) Dating or soliciting a date. | ||||||
10 | (3) Engaging in sexualized or romantic dialog. | ||||||
11 | (4) Making sexually suggestive comments that are | ||||||
12 | directed toward or with a student. | ||||||
13 | (5) Self-disclosure or physical exposure of a sexual, | ||||||
14 | romantic, or erotic nature. | ||||||
15 | (6) A sexual, indecent, romantic, or erotic contact | ||||||
16 | with the student. | ||||||
17 | (d) To prevent sexual misconduct with students, each | ||||||
18 | school district, charter school, or nonpublic school shall | ||||||
19 | develop an employee code of professional conduct policy that | ||||||
20 | addresses all of the following: | ||||||
21 | (1) Incorporates the Code of Ethics for Illinois | ||||||
22 | Educators. | ||||||
23 | (2) Incorporates the definition of "sexual misconduct" | ||||||
24 | in this Section. | ||||||
25 | (3) Identifies the expectations for employees and | ||||||
26 | agents of the school district, charter school, or |
| |||||||
| |||||||
1 | nonpublic school regarding how to maintain a professional | ||||||
2 | relationship with students, including the expectations for | ||||||
3 | staff-student boundaries, recognizing the age and | ||||||
4 | developmental level of the students served, and | ||||||
5 | establishes guidelines for all of the following | ||||||
6 | situations: | ||||||
7 | (A) Transporting a student. | ||||||
8 | (B) Taking or possessing a photo or a video of a | ||||||
9 | student. | ||||||
10 | (C) Meeting with a student or contacting a student | ||||||
11 | outside of the employee's or agent's professional | ||||||
12 | role. | ||||||
13 | (4) References the employee reporting requirements | ||||||
14 | required under the Abused and Neglected Child Reporting | ||||||
15 | Act and under Title IX of the federal Education Amendments | ||||||
16 | of 1972. | ||||||
17 | (5) References required employee training that is | ||||||
18 | related to child abuse and educator ethics that are | ||||||
19 | applicable under State and federal law. | ||||||
20 | (e) The employee code of professional conduct policy must | ||||||
21 | be posted on the website, if any, of each school district, | ||||||
22 | charter school, or nonpublic school and must be included in | ||||||
23 | any staff, student, or parent handbook provided by the school | ||||||
24 | district, charter school, or nonpublic, nonsectarian | ||||||
25 | elementary or secondary school. | ||||||
26 | (f) A violation of the employee code of professional |
| |||||||
| |||||||
1 | conduct policy may subject an employee to disciplinary action | ||||||
2 | up to and including dismissal from employment. Failure to | ||||||
3 | report a violation of the employee code of professional | ||||||
4 | conduct policy may subject an employee to disciplinary action | ||||||
5 | up to and including dismissal from employment.
| ||||||
6 | (105 ILCS 5/27A-5)
| ||||||
7 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
8 | (a) A charter school shall be a public, nonsectarian, | ||||||
9 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
10 | school shall be organized and operated
as a nonprofit | ||||||
11 | corporation or other discrete, legal, nonprofit entity
| ||||||
12 | authorized under the laws of the State of Illinois.
| ||||||
13 | (b) A charter school may be established under this Article | ||||||
14 | by creating a new
school or by converting an existing public | ||||||
15 | school or attendance center to
charter
school status.
| ||||||
16 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
17 | 93-3), in all new
applications to establish
a charter
school | ||||||
18 | in a city having a population exceeding 500,000, operation of | ||||||
19 | the
charter
school shall be limited to one campus. The changes | ||||||
20 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
21 | schools existing or approved on or before April 16, 2003 (the
| ||||||
22 | effective date of Public Act 93-3). | ||||||
23 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
24 | a cyber school where students engage in online curriculum and | ||||||
25 | instruction via the Internet and electronic communication with |
| |||||||
| |||||||
1 | their teachers at remote locations and with students | ||||||
2 | participating at different times. | ||||||
3 | From April 1, 2013 through December 31, 2016, there is a | ||||||
4 | moratorium on the establishment of charter schools with | ||||||
5 | virtual-schooling components in school districts other than a | ||||||
6 | school district organized under Article 34 of this Code. This | ||||||
7 | moratorium does not apply to a charter school with | ||||||
8 | virtual-schooling components existing or approved prior to | ||||||
9 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
10 | school with virtual-schooling components already approved | ||||||
11 | prior to April 1, 2013.
| ||||||
12 | (c) A charter school shall be administered and governed by | ||||||
13 | its board of
directors or other governing body
in the manner | ||||||
14 | provided in its charter. The governing body of a charter | ||||||
15 | school
shall be subject to the Freedom of Information Act and | ||||||
16 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
17 | after the effective date of Public Act 101-291), a charter | ||||||
18 | school's board of directors or other governing body must | ||||||
19 | include at least one parent or guardian of a pupil currently | ||||||
20 | enrolled in the charter school who may be selected through the | ||||||
21 | charter school or a charter network election, appointment by | ||||||
22 | the charter school's board of directors or other governing | ||||||
23 | body, or by the charter school's Parent Teacher Organization | ||||||
24 | or its equivalent. | ||||||
25 | (c-5) No later than January 1, 2021 (one year after the | ||||||
26 | effective date of Public Act 101-291) or within the first year |
| |||||||
| |||||||
1 | of his or her first term, every voting member of a charter | ||||||
2 | school's board of directors or other governing body shall | ||||||
3 | complete a minimum of 4 hours of professional development | ||||||
4 | leadership training to ensure that each member has sufficient | ||||||
5 | familiarity with the board's or governing body's role and | ||||||
6 | responsibilities, including financial oversight and | ||||||
7 | accountability of the school, evaluating the principal's and | ||||||
8 | school's performance, adherence to the Freedom of Information | ||||||
9 | Act and the Open Meetings Act, and compliance with education | ||||||
10 | and labor law. In each subsequent year of his or her term, a | ||||||
11 | voting member of a charter school's board of directors or | ||||||
12 | other governing body shall complete a minimum of 2 hours of | ||||||
13 | professional development training in these same areas. The | ||||||
14 | training under this subsection may be provided or certified by | ||||||
15 | a statewide charter school membership association or may be | ||||||
16 | provided or certified by other qualified providers approved by | ||||||
17 | the State Board of Education.
| ||||||
18 | (d) For purposes of this subsection (d), "non-curricular | ||||||
19 | health and safety requirement" means any health and safety | ||||||
20 | requirement created by statute or rule to provide, maintain, | ||||||
21 | preserve, or safeguard safe or healthful conditions for | ||||||
22 | students and school personnel or to eliminate, reduce, or | ||||||
23 | prevent threats to the health and safety of students and | ||||||
24 | school personnel. "Non-curricular health and safety | ||||||
25 | requirement" does not include any course of study or | ||||||
26 | specialized instructional requirement for which the State |
| |||||||
| |||||||
1 | Board has established goals and learning standards or which is | ||||||
2 | designed primarily to impart knowledge and skills for students | ||||||
3 | to master and apply as an outcome of their education. | ||||||
4 | A charter school shall comply with all non-curricular | ||||||
5 | health and safety
requirements applicable to public schools | ||||||
6 | under the laws of the State of
Illinois. On or before September | ||||||
7 | 1, 2015, the State Board shall promulgate and post on its | ||||||
8 | Internet website a list of non-curricular health and safety | ||||||
9 | requirements that a charter school must meet. The list shall | ||||||
10 | be updated annually no later than September 1. Any charter | ||||||
11 | contract between a charter school and its authorizer must | ||||||
12 | contain a provision that requires the charter school to follow | ||||||
13 | the list of all non-curricular health and safety requirements | ||||||
14 | promulgated by the State Board and any non-curricular health | ||||||
15 | and safety requirements added by the State Board to such list | ||||||
16 | during the term of the charter. Nothing in this subsection (d) | ||||||
17 | precludes an authorizer from including non-curricular health | ||||||
18 | and safety requirements in a charter school contract that are | ||||||
19 | not contained in the list promulgated by the State Board, | ||||||
20 | including non-curricular health and safety requirements of the | ||||||
21 | authorizing local school board.
| ||||||
22 | (e) Except as otherwise provided in the School Code, a | ||||||
23 | charter school shall
not charge tuition; provided that a | ||||||
24 | charter school may charge reasonable fees
for textbooks, | ||||||
25 | instructional materials, and student activities.
| ||||||
26 | (f) A charter school shall be responsible for the |
| |||||||
| |||||||
1 | management and operation
of its fiscal affairs including,
but | ||||||
2 | not limited to, the preparation of its budget. An audit of each | ||||||
3 | charter
school's finances shall be conducted annually by an | ||||||
4 | outside, independent
contractor retained by the charter | ||||||
5 | school. To ensure financial accountability for the use of | ||||||
6 | public funds, on or before December 1 of every year of | ||||||
7 | operation, each charter school shall submit to its authorizer | ||||||
8 | and the State Board a copy of its audit and a copy of the Form | ||||||
9 | 990 the charter school filed that year with the federal | ||||||
10 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
11 | proper financial oversight of the charter school, an | ||||||
12 | authorizer may require quarterly financial statements from | ||||||
13 | each charter school.
| ||||||
14 | (g) A charter school shall comply with all provisions of | ||||||
15 | this Article, the Illinois Educational Labor Relations Act, | ||||||
16 | all federal and State laws and rules applicable to public | ||||||
17 | schools that pertain to special education and the instruction | ||||||
18 | of English learners, and
its charter. A charter
school is | ||||||
19 | exempt from all other State laws and regulations in this Code
| ||||||
20 | governing public
schools and local school board policies; | ||||||
21 | however, a charter school is not exempt from the following:
| ||||||
22 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
23 | regarding criminal
history records checks and checks of | ||||||
24 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
25 | and Violent Offender Against Youth Database of applicants | ||||||
26 | for employment;
|
| |||||||
| |||||||
1 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
2 | 34-84a of this Code regarding discipline of
students;
| ||||||
3 | (3) the Local Governmental and Governmental Employees | ||||||
4 | Tort Immunity Act;
| ||||||
5 | (4) Section 108.75 of the General Not For Profit | ||||||
6 | Corporation Act of 1986
regarding indemnification of | ||||||
7 | officers, directors, employees, and agents;
| ||||||
8 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
9 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
10 | subsection (b) of Section 34-18.6 of this Code; | ||||||
11 | (6) the Illinois School Student Records Act;
| ||||||
12 | (7) Section 10-17a of this Code regarding school | ||||||
13 | report cards;
| ||||||
14 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
15 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
16 | prevention; | ||||||
17 | (10) Section 2-3.162 of this Code regarding student | ||||||
18 | discipline reporting; | ||||||
19 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
20 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
21 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
22 | (14) Section 26-18 of this Code; | ||||||
23 | (15) Section 22-30 of this Code; | ||||||
24 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
25 | (17) the Seizure Smart School Act; and | ||||||
26 | (18) Section 2-3.64a-10 of this Code ; . |
| |||||||
| |||||||
1 | (19) Section 2-3.188 of this Code; and | ||||||
2 | (20) Section 22-85.5 of this Code. | ||||||
3 | The change made by Public Act 96-104 to this subsection | ||||||
4 | (g) is declaratory of existing law. | ||||||
5 | (h) A charter school may negotiate and contract with a | ||||||
6 | school district, the
governing body of a State college or | ||||||
7 | university or public community college, or
any other public or | ||||||
8 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
9 | school building and grounds or any other real property or | ||||||
10 | facilities that
the charter school desires to use or convert | ||||||
11 | for use as a charter school site,
(ii) the operation and | ||||||
12 | maintenance thereof, and
(iii) the provision of any service, | ||||||
13 | activity, or undertaking that the charter
school is required | ||||||
14 | to perform in order to carry out the terms of its charter.
| ||||||
15 | However, a charter school
that is established on
or
after | ||||||
16 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
17 | operates
in a city having a population exceeding
500,000 may | ||||||
18 | not contract with a for-profit entity to
manage or operate the | ||||||
19 | school during the period that commences on April 16, 2003 (the
| ||||||
20 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
21 | the 2004-2005 school year.
Except as provided in subsection | ||||||
22 | (i) of this Section, a school district may
charge a charter | ||||||
23 | school reasonable rent for the use of the district's
| ||||||
24 | buildings, grounds, and facilities. Any services for which a | ||||||
25 | charter school
contracts
with a school district shall be | ||||||
26 | provided by the district at cost. Any services
for which a |
| |||||||
| |||||||
1 | charter school contracts with a local school board or with the
| ||||||
2 | governing body of a State college or university or public | ||||||
3 | community college
shall be provided by the public entity at | ||||||
4 | cost.
| ||||||
5 | (i) In no event shall a charter school that is established | ||||||
6 | by converting an
existing school or attendance center to | ||||||
7 | charter school status be required to
pay rent for space
that is | ||||||
8 | deemed available, as negotiated and provided in the charter | ||||||
9 | agreement,
in school district
facilities. However, all other | ||||||
10 | costs for the operation and maintenance of
school district | ||||||
11 | facilities that are used by the charter school shall be | ||||||
12 | subject
to negotiation between
the charter school and the | ||||||
13 | local school board and shall be set forth in the
charter.
| ||||||
14 | (j) A charter school may limit student enrollment by age | ||||||
15 | or grade level.
| ||||||
16 | (k) If the charter school is approved by the State Board or | ||||||
17 | Commission, then the charter school is its own local education | ||||||
18 | agency. | ||||||
19 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
20 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
21 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
22 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
23 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | ||||||
24 | 3-8-21.) | ||||||
25 | Section 10. The Abused and Neglected Child Reporting Act |
| |||||||
| |||||||
1 | is amended by changing Section 3 as follows: | ||||||
2 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
3 | Sec. 3. As used in this Act unless the context otherwise | ||||||
4 | requires: | ||||||
5 | "Adult resident" means any person between 18 and 22 years | ||||||
6 | of age who resides in any facility licensed by the Department | ||||||
7 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
8 | criteria set forth in the definitions of "abused child" and | ||||||
9 | "neglected child" shall be used in determining whether an | ||||||
10 | adult resident is abused or neglected. | ||||||
11 | "Agency" means a child care facility licensed under | ||||||
12 | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | ||||||
13 | includes a transitional living program that accepts children | ||||||
14 | and adult residents for placement who are in the guardianship | ||||||
15 | of the Department. | ||||||
16 | "Blatant disregard" means an incident where the real, | ||||||
17 | significant, and imminent risk of harm would be so obvious to a | ||||||
18 | reasonable parent or caretaker that it is unlikely that a | ||||||
19 | reasonable parent or caretaker would have exposed the child to | ||||||
20 | the danger without exercising precautionary measures to | ||||||
21 | protect the child from harm. With respect to a person working | ||||||
22 | at an agency in his or her professional capacity with a child | ||||||
23 | or adult resident, "blatant disregard" includes a failure by | ||||||
24 | the person to perform job responsibilities intended to protect | ||||||
25 | the child's or adult resident's health, physical well-being, |
| |||||||
| |||||||
1 | or welfare, and, when viewed in light of the surrounding | ||||||
2 | circumstances, evidence exists that would cause a reasonable | ||||||
3 | person to believe that the child was neglected. With respect | ||||||
4 | to an agency, "blatant disregard" includes a failure to | ||||||
5 | implement practices that ensure the health, physical | ||||||
6 | well-being, or welfare of the children and adult residents | ||||||
7 | residing in the facility. | ||||||
8 | "Child" means any person under the age of 18 years, unless | ||||||
9 | legally
emancipated by reason of marriage or entry into a | ||||||
10 | branch of the United
States armed services. | ||||||
11 | "Department" means Department of Children and Family | ||||||
12 | Services. | ||||||
13 | "Local law enforcement agency" means the police of a city, | ||||||
14 | town,
village or other incorporated area or the sheriff of an | ||||||
15 | unincorporated
area or any sworn officer of the Illinois | ||||||
16 | Department of State Police. | ||||||
17 | "Abused child"
means a child whose parent or immediate | ||||||
18 | family
member,
or any person responsible for the child's | ||||||
19 | welfare, or any individual
residing in the same home as the | ||||||
20 | child, or a paramour of the child's parent: | ||||||
21 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
22 | inflicted upon
such child physical injury, by other than | ||||||
23 | accidental means, which causes
death, disfigurement, | ||||||
24 | impairment of physical or
emotional health, or loss or | ||||||
25 | impairment of any bodily function; | ||||||
26 | (b) creates a substantial risk of physical injury to |
| |||||||
| |||||||
1 | such
child by
other than accidental means which would be | ||||||
2 | likely to cause death,
disfigurement, impairment of | ||||||
3 | physical or emotional health, or loss or
impairment of any | ||||||
4 | bodily function; | ||||||
5 | (c) commits or allows to be committed any sex offense | ||||||
6 | against
such child,
as such sex offenses are defined in | ||||||
7 | the Criminal Code of 2012 or in the Wrongs to Children Act,
| ||||||
8 | and extending those definitions of sex offenses to include | ||||||
9 | children under
18 years of age; | ||||||
10 | (d) commits or allows to be committed an act or acts of
| ||||||
11 | torture upon
such child; | ||||||
12 | (e) inflicts excessive corporal punishment or, in the | ||||||
13 | case of a person working for an agency who is prohibited | ||||||
14 | from using corporal punishment, inflicts corporal | ||||||
15 | punishment upon a child or adult resident with whom the | ||||||
16 | person is working in his or her professional capacity; | ||||||
17 | (f) commits or allows to be committed
the offense of
| ||||||
18 | female
genital mutilation, as defined in Section 12-34 of | ||||||
19 | the Criminal Code of
2012, against the child; | ||||||
20 | (g) causes to be sold, transferred, distributed, or | ||||||
21 | given to
such child
under 18 years of age, a controlled | ||||||
22 | substance as defined in Section 102 of the
Illinois | ||||||
23 | Controlled Substances Act in violation of Article IV of | ||||||
24 | the Illinois
Controlled Substances Act or in violation of | ||||||
25 | the Methamphetamine Control and Community Protection Act, | ||||||
26 | except for controlled substances that are prescribed
in |
| |||||||
| |||||||
1 | accordance with Article III of the Illinois Controlled | ||||||
2 | Substances Act and
are dispensed to such child in a manner | ||||||
3 | that substantially complies with the
prescription; or | ||||||
4 | (h) commits or allows to be committed the offense of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, or trafficking in persons as defined in Section | ||||||
7 | 10-9 of the Criminal Code of 2012 against the child ; or . | ||||||
8 | (i) commits the offense of grooming, as defined in | ||||||
9 | Section 11-25 of the Criminal Code of 2012, against the | ||||||
10 | child. | ||||||
11 | A child shall not be considered abused for the sole reason | ||||||
12 | that the child
has been relinquished in accordance with the | ||||||
13 | Abandoned Newborn Infant
Protection Act. | ||||||
14 | "Neglected child" means any child who is not receiving the | ||||||
15 | proper or
necessary nourishment or medically indicated | ||||||
16 | treatment including food or care
not provided solely on the | ||||||
17 | basis of the present or anticipated mental or
physical | ||||||
18 | impairment as determined by a physician acting alone or in
| ||||||
19 | consultation with other physicians or otherwise is not | ||||||
20 | receiving the proper or
necessary support or medical or other | ||||||
21 | remedial care recognized under State law
as necessary for a | ||||||
22 | child's well-being, or other care necessary for his or her
| ||||||
23 | well-being, including adequate food, clothing and shelter; or | ||||||
24 | who is subjected to an environment which is injurious insofar | ||||||
25 | as (i) the child's environment creates a likelihood of harm to | ||||||
26 | the child's health, physical well-being, or welfare and (ii) |
| |||||||
| |||||||
1 | the likely harm to the child is the result of a blatant | ||||||
2 | disregard of parent, caretaker, or agency responsibilities; or | ||||||
3 | who is abandoned
by his or her parents or other person | ||||||
4 | responsible for the child's welfare
without a proper plan of | ||||||
5 | care; or who has been provided with interim crisis | ||||||
6 | intervention services under
Section 3-5 of
the Juvenile Court | ||||||
7 | Act of 1987 and whose parent, guardian, or custodian refuses | ||||||
8 | to
permit
the child to return home and no other living | ||||||
9 | arrangement agreeable
to the parent, guardian, or custodian | ||||||
10 | can be made, and the parent, guardian, or custodian has not | ||||||
11 | made any other appropriate living arrangement for the child; | ||||||
12 | or who is a newborn infant whose blood, urine,
or meconium
| ||||||
13 | contains any amount of a controlled substance as defined in | ||||||
14 | subsection (f) of
Section 102 of the Illinois Controlled | ||||||
15 | Substances Act or a metabolite thereof,
with the exception of | ||||||
16 | a controlled substance or metabolite thereof whose
presence in | ||||||
17 | the newborn infant is the result of medical treatment | ||||||
18 | administered
to the mother or the newborn infant. A child | ||||||
19 | shall not be considered neglected
for the sole reason that the | ||||||
20 | child's parent or other person responsible for his
or her | ||||||
21 | welfare has left the child in the care of an adult relative for | ||||||
22 | any
period of time. A child shall not be considered neglected | ||||||
23 | for the sole reason
that the child has been relinquished in | ||||||
24 | accordance with the Abandoned Newborn
Infant Protection Act. A | ||||||
25 | child shall not be considered neglected or abused
for the
sole | ||||||
26 | reason that such child's parent or other person responsible |
| |||||||
| |||||||
1 | for his or her
welfare depends upon spiritual means through | ||||||
2 | prayer alone for the treatment or
cure of disease or remedial | ||||||
3 | care as provided under Section 4 of this Act. A
child shall not | ||||||
4 | be considered neglected or abused solely because the child is
| ||||||
5 | not attending school in accordance with the requirements of | ||||||
6 | Article 26 of The
School Code, as amended. | ||||||
7 | "Child Protective Service Unit" means certain specialized | ||||||
8 | State employees of
the Department assigned by the Director to | ||||||
9 | perform the duties and
responsibilities as provided under | ||||||
10 | Section 7.2 of this Act. | ||||||
11 | "Near fatality" means an act that, as certified by a | ||||||
12 | physician, places the child in serious or critical condition, | ||||||
13 | including acts of great bodily harm inflicted upon children | ||||||
14 | under 13 years of age, and as otherwise defined by Department | ||||||
15 | rule. | ||||||
16 | "Great bodily harm" includes bodily injury which creates a | ||||||
17 | high probability of death, or which causes serious permanent | ||||||
18 | disfigurement, or which causes a permanent or protracted loss | ||||||
19 | or impairment of the function of any bodily member or organ, or | ||||||
20 | other serious bodily harm. | ||||||
21 | "Person responsible for the child's welfare" means the | ||||||
22 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
23 | any person responsible for the
child's welfare in a public or | ||||||
24 | private residential agency or institution; any
person | ||||||
25 | responsible for the child's welfare within a public or private | ||||||
26 | profit or
not for profit child care facility; or any other |
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1 | person responsible for the
child's welfare at the time of the | ||||||
2 | alleged abuse or neglect, including any person that is the | ||||||
3 | custodian of a child under 18 years of age who commits or | ||||||
4 | allows to be committed, against the child, the offense of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, or trafficking in persons for forced labor or services, | ||||||
7 | as provided in Section 10-9 of the Criminal Code of 2012, or | ||||||
8 | any person who
came to know the child through an official | ||||||
9 | capacity or position of trust,
including but not limited to | ||||||
10 | health care professionals, educational personnel,
recreational | ||||||
11 | supervisors, members of the clergy, and volunteers or
support | ||||||
12 | personnel in any setting
where children may be subject to | ||||||
13 | abuse or neglect. | ||||||
14 | "Temporary protective custody" means custody within a | ||||||
15 | hospital or
other medical facility or a place previously | ||||||
16 | designated for such custody
by the Department, subject to | ||||||
17 | review by the Court, including a licensed
foster home, group | ||||||
18 | home, or other institution; but such place shall not
be a jail | ||||||
19 | or other place for the detention of criminal or juvenile | ||||||
20 | offenders. | ||||||
21 | "An unfounded report" means any report made under this Act | ||||||
22 | for which
it is determined after an investigation that no | ||||||
23 | credible evidence of
abuse or neglect exists. | ||||||
24 | "An indicated report" means a report made under this Act | ||||||
25 | if an
investigation determines that credible evidence of the | ||||||
26 | alleged
abuse or neglect exists. |
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1 | "An undetermined report" means any report made under this | ||||||
2 | Act in
which it was not possible to initiate or complete an | ||||||
3 | investigation on
the basis of information provided to the | ||||||
4 | Department. | ||||||
5 | "Subject of report" means any child reported to the | ||||||
6 | central register
of child abuse and neglect established under | ||||||
7 | Section 7.7 of this Act as an alleged victim of child abuse or | ||||||
8 | neglect and
the parent or guardian of the alleged victim or | ||||||
9 | other person responsible for the alleged victim's welfare who | ||||||
10 | is named in the report or added to the report as an alleged | ||||||
11 | perpetrator of child abuse or neglect. | ||||||
12 | "Perpetrator" means a person who, as a result of | ||||||
13 | investigation, has
been determined by the Department to have | ||||||
14 | caused child abuse or neglect. | ||||||
15 | "Member of the clergy" means a clergyman or practitioner | ||||||
16 | of any religious
denomination accredited by the religious body | ||||||
17 | to which he or she belongs. | ||||||
18 | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .) | ||||||
19 | Section 15. The Criminal Code of 2012 is amended by | ||||||
20 | changing Section 11-25 as follows: | ||||||
21 | (720 ILCS 5/11-25) | ||||||
22 | Sec. 11-25. Grooming. | ||||||
23 | (a) A person commits grooming when he or she knowingly | ||||||
24 | uses a computer on-line service, Internet service, local |
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1 | bulletin board service, or any other device capable of | ||||||
2 | electronic data storage or transmission , performs an act in | ||||||
3 | person or by conduct through a third party, or uses written | ||||||
4 | communication to seduce, solicit, lure, or entice, or attempt | ||||||
5 | to seduce, solicit, lure, or entice, a child, a child's | ||||||
6 | guardian, or another person believed by the person to be a | ||||||
7 | child or a child's guardian, to commit any sex offense as | ||||||
8 | defined in Section 2 of the Sex Offender Registration Act, to | ||||||
9 | distribute photographs depicting the sex organs of the child, | ||||||
10 | or to otherwise engage in any unlawful sexual conduct with a | ||||||
11 | child or with another person believed by the person to be a | ||||||
12 | child. As used in this Section, "child" means a person under 17 | ||||||
13 | years of age. | ||||||
14 | (b) Sentence. Grooming is a Class 4 felony.
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15 | (Source: P.A. 100-428, eff. 1-1-18 .)
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16 | Section 99. Effective date. This Section and Sections 5 | ||||||
17 | and 10 take effect upon becoming law.
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