Full Text of HB1975 102nd General Assembly
HB1975eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | | 2-3.182 and 22-85.5 and by changing Sections 21B-45 and 27A-5 | 7 | | as follows: | 8 | | (105 ILCS 5/2-3.182 new) | 9 | | Sec. 2-3.182. Resource guide. | 10 | | (a) By July 1, 2022, 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, nonsectarian | 11 | | elementary or secondary school shall notify the parents or | 12 | | guardians of enrolled students of the availability of the | 13 | | resource guide. Each school district, charter school, or | 14 | | nonpublic, nonsectarian elementary or secondary school shall | 15 | | furnish the resource guide to a student's parent or guardian | 16 | | at the request of the parent or guardian and may also make the | 17 | | resource guide available on its Internet website. | 18 | | (c) The State Board of Education shall periodically review | 19 | | the information contained in the resource guide and update the | 20 | | information as necessary. | 21 | | (105 ILCS 5/21B-45) | 22 | | Sec. 21B-45. Professional Educator License renewal. | 23 | | (a) Individuals holding a Professional Educator License | 24 | | are required to complete the licensure renewal requirements as | 25 | | specified in this Section, unless otherwise provided in this |
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| 1 | | Code. | 2 | | Individuals holding a Professional Educator License shall | 3 | | meet the renewal requirements set forth in this Section, | 4 | | unless otherwise provided in this Code. If an individual holds | 5 | | a license endorsed in more than one area that has different | 6 | | renewal requirements, that individual shall follow the renewal | 7 | | requirements for the position for which he or she spends the | 8 | | majority of his or her time working. | 9 | | (b) All Professional Educator Licenses not renewed as | 10 | | provided in this Section shall lapse on September 1 of that | 11 | | year. Notwithstanding any other provisions of this Section, if | 12 | | a license holder's electronic mail address is available, the | 13 | | State Board of Education shall send him or her notification | 14 | | electronically that his or her license will lapse if not | 15 | | renewed, to be sent no more than 6 months prior to the license | 16 | | lapsing. Lapsed licenses may be immediately reinstated upon | 17 | | (i) payment by the applicant of a $500 penalty to the State | 18 | | Board of Education or (ii) the demonstration of proficiency by | 19 | | completing 9 semester hours of coursework from a regionally | 20 | | accredited institution of higher education in the content area | 21 | | that most aligns with one or more of the educator's | 22 | | endorsement areas. Any and all back fees, including without | 23 | | limitation registration fees owed from the time of expiration | 24 | | of the license until the date of reinstatement, shall be paid | 25 | | and kept in accordance with the provisions in Article 3 of this | 26 | | Code concerning an institute fund and the provisions in |
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| 1 | | Article 21B of this Code concerning fees and requirements for | 2 | | registration. Licenses not registered in accordance with | 3 | | Section 21B-40 of this Code shall lapse after a period of 6 | 4 | | months from the expiration of the last year of registration or | 5 | | on January 1 of the fiscal year following initial issuance of | 6 | | the license. An unregistered license is invalid after | 7 | | September 1 for employment and performance of services in an | 8 | | Illinois public or State-operated school or cooperative and in | 9 | | a charter school. Any license or endorsement may be | 10 | | voluntarily surrendered by the license holder. A voluntarily | 11 | | surrendered license shall be treated as a revoked license. An | 12 | | Educator License with Stipulations with only a | 13 | | paraprofessional endorsement does not lapse.
| 14 | | (c) From July 1, 2013 through June 30, 2014, in order to | 15 | | satisfy the requirements for licensure renewal provided for in | 16 | | this Section, each professional educator licensee with an | 17 | | administrative endorsement who is working in a position | 18 | | requiring such endorsement shall complete one Illinois | 19 | | Administrators' Academy course, as described in Article 2 of | 20 | | this Code, per fiscal year. | 21 | | (c-5) All licenses issued by the State Board of Education | 22 | | under this Article that expire on June 30, 2020 and have not | 23 | | been renewed by the end of the 2020 renewal period shall be | 24 | | extended for one year and shall expire on June 30, 2021. | 25 | | (d) Beginning July 1, 2014, in order to satisfy the | 26 | | requirements for licensure renewal provided for in this |
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| 1 | | Section, each professional educator licensee may create a | 2 | | professional development plan each year. The plan shall | 3 | | address one or more of the endorsements that are required of | 4 | | his or her educator position if the licensee is employed and | 5 | | performing services in an Illinois public or State-operated | 6 | | school or cooperative. If the licensee is employed in a | 7 | | charter school, the plan shall address that endorsement or | 8 | | those endorsements most closely related to his or her educator | 9 | | position. Licensees employed and performing services in any | 10 | | other Illinois schools may participate in the renewal | 11 | | requirements by adhering to the same process. | 12 | | Except as otherwise provided in this Section, the | 13 | | licensee's professional development activities shall align | 14 | | with one or more of the following criteria: | 15 | | (1) activities are of a type that engage participants | 16 | | over a sustained period of time allowing for analysis, | 17 | | discovery, and application as they relate to student | 18 | | learning, social or emotional achievement, or well-being; | 19 | | (2) professional development aligns to the licensee's | 20 | | performance; | 21 | | (3) outcomes for the activities must relate to student | 22 | | growth or district improvement; | 23 | | (4) activities align to State-approved standards;
and | 24 | | (5) higher education coursework. | 25 | | (e) For each renewal cycle, each professional educator | 26 | | licensee shall engage in professional development activities. |
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| 1 | | Prior to renewal, the licensee shall enter electronically into | 2 | | the Educator Licensure Information System (ELIS) the name, | 3 | | date, and location of the activity, the number of professional | 4 | | development hours, and the provider's name. The following | 5 | | provisions shall apply concerning professional development | 6 | | activities: | 7 | | (1) Each licensee shall complete a total of 120 hours | 8 | | of professional development per 5-year renewal cycle in | 9 | | order to renew the license, except as otherwise provided | 10 | | in this Section. | 11 | | (2) Beginning with his or her first full 5-year cycle, | 12 | | any licensee with an administrative endorsement who is not | 13 | | working in a position requiring such endorsement is not | 14 | | required to complete Illinois Administrators' Academy | 15 | | courses, as described in Article 2 of this Code. Such | 16 | | licensees must complete one Illinois Administrators' | 17 | | Academy course within one year after returning to a | 18 | | position that requires the administrative endorsement. | 19 | | (3) Any licensee with an administrative endorsement | 20 | | who is working in a position requiring such endorsement or | 21 | | an individual with a Teacher Leader endorsement serving in | 22 | | an administrative capacity at least 50% of the day shall | 23 | | complete one Illinois Administrators' Academy course, as | 24 | | described in Article 2 of this Code, each fiscal year in | 25 | | addition to 100 hours of professional development per | 26 | | 5-year renewal cycle in accordance with this Code. |
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| 1 | | (4) Any licensee holding a current National Board for | 2 | | Professional Teaching Standards (NBPTS) master teacher | 3 | | designation shall complete a total of 60 hours of | 4 | | professional development per 5-year renewal cycle in order | 5 | | to renew the license. | 6 | | (5) Licensees working in a position that does not | 7 | | require educator licensure or working in a position for | 8 | | less than 50% for any particular year are considered to be | 9 | | exempt and shall be required to pay only the registration | 10 | | fee in order to renew and maintain the validity of the | 11 | | license. | 12 | | (6) Licensees who are retired and qualify for benefits | 13 | | from a State of Illinois retirement system shall notify | 14 | | the State Board of Education using ELIS, and the license | 15 | | shall be maintained in retired status. For any renewal | 16 | | cycle in which a licensee retires during the renewal | 17 | | cycle, the licensee must complete professional development | 18 | | activities on a prorated basis depending on the number of | 19 | | years during the renewal cycle the educator held an active | 20 | | license. If a licensee retires during a renewal cycle, the | 21 | | licensee must notify the State Board of Education using | 22 | | ELIS that the licensee wishes to maintain the license in | 23 | | retired status and must show proof of completion of | 24 | | professional development activities on a prorated basis | 25 | | for all years of that renewal cycle for which the license | 26 | | was active. An individual with a license in retired status |
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| 1 | | shall not be required to complete professional development | 2 | | activities or pay registration fees until returning to a | 3 | | position that requires educator licensure. Upon returning | 4 | | to work in a position that requires the Professional | 5 | | Educator License, the licensee shall immediately pay a | 6 | | registration fee and complete renewal requirements for | 7 | | that year. A license in retired status cannot lapse. | 8 | | Beginning on January 6, 2017 (the effective date of Public | 9 | | Act 99-920) through December 31, 2017, any licensee who | 10 | | has retired and whose license has lapsed for failure to | 11 | | renew as provided in this Section may reinstate that | 12 | | license and maintain it in retired status upon providing | 13 | | proof to the State Board of Education using ELIS that the | 14 | | licensee is retired and is not working in a position that | 15 | | requires a Professional Educator License. | 16 | | (7) For any renewal cycle in which professional | 17 | | development hours were required, but not fulfilled, the | 18 | | licensee shall complete any missed hours to total the | 19 | | minimum professional development hours required in this | 20 | | Section prior to September 1 of that year. Professional | 21 | | development hours used to fulfill the minimum required | 22 | | hours for a renewal cycle may be used for only one renewal | 23 | | cycle. For any fiscal year or renewal cycle in which an | 24 | | Illinois Administrators' Academy course was required but | 25 | | not completed, the licensee shall complete any missed | 26 | | Illinois Administrators' Academy courses prior to |
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| 1 | | September 1 of that year. The licensee may complete all | 2 | | deficient hours and Illinois Administrators' Academy | 3 | | courses while continuing to work in a position that | 4 | | requires that license until September 1 of that year. | 5 | | (8) Any licensee who has not fulfilled the | 6 | | professional development renewal requirements set forth in | 7 | | this Section at the end of any 5-year renewal cycle is | 8 | | ineligible to register his or her license and may submit | 9 | | an appeal to the State Superintendent of Education for | 10 | | reinstatement of the license. | 11 | | (9) If professional development opportunities were | 12 | | unavailable to a licensee, proof that opportunities were | 13 | | unavailable and request for an extension of time beyond | 14 | | August 31 to complete the renewal requirements may be | 15 | | submitted from April 1 through June 30 of that year to the | 16 | | State Educator Preparation and Licensure Board. If an | 17 | | extension is approved, the license shall remain valid | 18 | | during the extension period. | 19 | | (10) Individuals who hold exempt licenses prior to | 20 | | December 27, 2013 (the effective date of Public Act | 21 | | 98-610) shall commence the annual renewal process with the | 22 | | first scheduled registration due after December 27, 2013 | 23 | | (the effective date of Public Act 98-610). | 24 | | (11) Notwithstanding any other provision of this | 25 | | subsection (e), if a licensee earns more than the required | 26 | | number of professional development hours during a renewal |
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| 1 | | cycle, then the licensee may carry over any hours earned | 2 | | from April 1 through June 30 of the last year of the | 3 | | renewal cycle. Any hours carried over in this manner must | 4 | | be applied to the next renewal cycle. Illinois | 5 | | Administrators' Academy courses or hours earned in those | 6 | | courses may not be carried over. | 7 | | (f) At the time of renewal, each licensee shall respond to | 8 | | the required questions under penalty of perjury. | 9 | | (f-5) The State Board of Education shall conduct random | 10 | | audits of licensees to verify a licensee's fulfillment of the | 11 | | professional development hours required under this Section. | 12 | | Upon completion of a random audit, if it is determined by the | 13 | | State Board of Education that the licensee did not complete | 14 | | the required number of professional development hours or did | 15 | | not provide sufficient proof of completion, the licensee shall | 16 | | be notified that his or her license has lapsed. A license that | 17 | | has lapsed under this subsection may be reinstated as provided | 18 | | in subsection (b). | 19 | | (g) The following entities shall be designated as approved | 20 | | to provide professional development activities for the renewal | 21 | | of Professional Educator Licenses: | 22 | | (1) The State Board of Education. | 23 | | (2) Regional offices of education and intermediate | 24 | | service centers. | 25 | | (3) Illinois professional associations representing | 26 | | the following groups that are approved by the State |
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| 1 | | Superintendent of Education: | 2 | | (A) school administrators; | 3 | | (B) principals; | 4 | | (C) school business officials; | 5 | | (D) teachers, including special education | 6 | | teachers; | 7 | | (E) school boards; | 8 | | (F) school districts; | 9 | | (G) parents; and | 10 | | (H) school service personnel. | 11 | | (4) Regionally accredited institutions of higher | 12 | | education that offer Illinois-approved educator | 13 | | preparation programs and public community colleges subject | 14 | | to the Public Community College Act. | 15 | | (5) Illinois public school districts, charter schools | 16 | | authorized under Article 27A of this Code, and joint | 17 | | educational programs authorized under Article 10 of this | 18 | | Code for the purposes of providing career and technical | 19 | | education or special education services. | 20 | | (6) A not-for-profit organization that, as of December | 21 | | 31, 2014 (the effective date of Public Act 98-1147), has | 22 | | had or has a grant from or a contract with the State Board | 23 | | of Education to provide professional development services | 24 | | in the area of English Learning to Illinois school | 25 | | districts, teachers, or administrators. | 26 | | (7) State agencies, State boards, and State |
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| 1 | | commissions. | 2 | | (8) Museums as defined in Section 10 of the Museum | 3 | | Disposition of Property Act. | 4 | | (h) Approved providers under subsection (g) of this | 5 | | Section shall make available professional development | 6 | | opportunities that satisfy at least one of the following: | 7 | | (1) increase the knowledge and skills of school and | 8 | | district leaders who guide continuous professional | 9 | | development; | 10 | | (2) improve the learning of students; | 11 | | (3) organize adults into learning communities whose | 12 | | goals are aligned with those of the school and district; | 13 | | (4) deepen educator's content knowledge; | 14 | | (5) provide educators with research-based | 15 | | instructional strategies to assist students in meeting | 16 | | rigorous academic standards; | 17 | | (6) prepare educators to appropriately use various | 18 | | types of classroom assessments; | 19 | | (7) use learning strategies appropriate to the | 20 | | intended goals; | 21 | | (8) provide educators with the knowledge and skills to | 22 | | collaborate; | 23 | | (9) prepare educators to apply research to decision | 24 | | making; or | 25 | | (10) provide educators with training on inclusive | 26 | | practices in the classroom that examines instructional and |
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| 1 | | behavioral strategies that improve academic and | 2 | | social-emotional outcomes for all students, with or | 3 | | without disabilities, in a general education setting ; or . | 4 | | (11) beginning on July 1, 2022, provide educators with | 5 | | training on the physical
and mental health needs of | 6 | | students, student safety, educator ethics, professional | 7 | | conduct, and
other topics that address the well-being of | 8 | | students and improve the academic and social-emotional
| 9 | | outcomes of students. | 10 | | (i) Approved providers under subsection (g) of this | 11 | | Section shall do the following: | 12 | | (1) align professional development activities to the | 13 | | State-approved national standards for professional | 14 | | learning; | 15 | | (2) meet the professional development criteria for | 16 | | Illinois licensure renewal; | 17 | | (3) produce a rationale for the activity that explains | 18 | | how it aligns to State standards and identify the | 19 | | assessment for determining the expected impact on student | 20 | | learning or school improvement; | 21 | | (4) maintain original documentation for completion of | 22 | | activities; | 23 | | (5) provide license holders with evidence of | 24 | | completion of activities; | 25 | | (6) request an Illinois Educator Identification Number | 26 | | (IEIN) for each educator during each professional |
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| 1 | | development activity; and | 2 | | (7) beginning on July 1, 2019, register annually with | 3 | | the State Board of Education prior to offering any | 4 | | professional development opportunities in the current | 5 | | fiscal year. | 6 | | (j) The State Board of Education shall conduct annual | 7 | | audits of a subset of approved providers, except for school | 8 | | districts, which shall be audited by regional offices of | 9 | | education and intermediate service centers. The State Board of | 10 | | Education shall ensure that each approved provider, except for | 11 | | a school district, is audited at least once every 5 years. The | 12 | | State Board of Education may conduct more frequent audits of | 13 | | providers if evidence suggests the requirements of this | 14 | | Section or administrative rules are not being met. | 15 | | (1) (Blank). | 16 | | (2) Approved providers shall comply with the | 17 | | requirements in subsections (h) and (i) of this Section by | 18 | | annually submitting data to the State Board of Education | 19 | | demonstrating how the professional development activities | 20 | | impacted one or more of the following: | 21 | | (A) educator and student growth in regards to | 22 | | content knowledge or skills, or both; | 23 | | (B) educator and student social and emotional | 24 | | growth; or | 25 | | (C) alignment to district or school improvement | 26 | | plans. |
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| 1 | | (3) The State Superintendent of Education shall review | 2 | | the annual data collected by the State Board of Education, | 3 | | regional offices of education, and intermediate service | 4 | | centers in audits to determine if the approved provider | 5 | | has met the criteria and should continue to be an approved | 6 | | provider or if further action should be taken as provided | 7 | | in rules. | 8 | | (k) Registration fees shall be paid for the next renewal | 9 | | cycle between April 1 and June 30 in the last year of each | 10 | | 5-year renewal cycle using ELIS. If all required professional | 11 | | development hours for the renewal cycle have been completed | 12 | | and entered by the licensee, the licensee shall pay the | 13 | | registration fees for the next cycle using a form of credit or | 14 | | debit card. | 15 | | (l) Any professional educator licensee endorsed for school | 16 | | support personnel who is employed and performing services in | 17 | | Illinois public schools and who holds an active and current | 18 | | professional license issued by the Department of Financial and | 19 | | Professional Regulation or a national certification board, as | 20 | | approved by the State Board of Education, related to the | 21 | | endorsement areas on the Professional Educator License shall | 22 | | be deemed to have satisfied the continuing professional | 23 | | development requirements provided for in this Section. Such | 24 | | individuals shall be required to pay only registration fees to | 25 | | renew the Professional Educator License. An individual who | 26 | | does not hold a license issued by the Department of Financial |
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| 1 | | and Professional Regulation shall complete professional | 2 | | development requirements for the renewal of a Professional | 3 | | Educator License provided for in this Section. | 4 | | (m) Appeals to the State Educator Preparation and | 5 | | Licensure Board
must be made within 30 days after receipt of | 6 | | notice from the State Superintendent of Education that a | 7 | | license will not be renewed based upon failure to complete the | 8 | | requirements of this Section. A licensee may appeal that | 9 | | decision to the State Educator Preparation and Licensure Board | 10 | | in a manner prescribed by rule. | 11 | | (1) Each appeal shall state the reasons why the State | 12 | | Superintendent's decision should be reversed and shall be | 13 | | sent by certified mail, return receipt requested, to the | 14 | | State Board of Education. | 15 | | (2) The State Educator Preparation and Licensure Board | 16 | | shall review each appeal regarding renewal of a license | 17 | | within 90 days after receiving the appeal in order to | 18 | | determine whether the licensee has met the requirements of | 19 | | this Section. The State Educator Preparation and Licensure | 20 | | Board may hold an appeal hearing or may make its | 21 | | determination based upon the record of review, which shall | 22 | | consist of the following: | 23 | | (A) the regional superintendent of education's | 24 | | rationale for recommending nonrenewal of the license, | 25 | | if applicable; | 26 | | (B) any evidence submitted to the State |
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| 1 | | Superintendent along with the individual's electronic | 2 | | statement of assurance for renewal; and | 3 | | (C) the State Superintendent's rationale for | 4 | | nonrenewal of the license. | 5 | | (3) The State Educator Preparation and Licensure Board | 6 | | shall notify the licensee of its decision regarding | 7 | | license renewal by certified mail, return receipt | 8 | | requested, no later than 30 days after reaching a | 9 | | decision. Upon receipt of notification of renewal, the | 10 | | licensee, using ELIS, shall pay the applicable | 11 | | registration fee for the next cycle using a form of credit | 12 | | or debit card. | 13 | | (n) The State Board of Education may adopt rules as may be | 14 | | necessary to implement this Section. | 15 | | (Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | 16 | | 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | 17 | | 1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.) | 18 | | (105 ILCS 5/22-85.5 new) | 19 | | Sec. 22-85.5. Sexual misconduct in schools. | 20 | | (a) This Section applies beginning on July 1, 2022. | 21 | | (b) The General Assembly finds that: | 22 | | (1) the success of students in school relies on safe | 23 | | learning environments and healthy relationships with | 24 | | school personnel; | 25 | | (2) it is important for staff to maintain a |
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| 1 | | professional relationship with students at all times and | 2 | | to define staff-student boundaries to protect students | 3 | | from sexual misconduct by staff and staff from the | 4 | | appearance of impropriety; | 5 | | (3) many breaches of staff-student boundaries do not | 6 | | rise to the level of criminal behavior but do pose a | 7 | | potential risk to student safety; | 8 | | (4) repeated violations of staff–student boundaries | 9 | | can indicate the grooming of a student for sexual abuse; | 10 | | (5) it is necessary to uphold the State Board of | 11 | | Education's Code of Ethics for Illinois Educators and for | 12 | | each school district, charter school, or nonpublic, | 13 | | nonsectarian elementary or secondary school to have an | 14 | | employee code of professional conduct policy; | 15 | | (6) each school district, charter school, or | 16 | | nonpublic, nonsectarian elementary or secondary school | 17 | | must have the ability to discipline educators for breaches | 18 | | of its employee code of professional conduct policy; | 19 | | (7) each school district, charter school, or | 20 | | nonpublic, nonsectarian elementary or secondary school | 21 | | must have the ability to know if any of its educators have | 22 | | violated professional staff–student boundaries in previous | 23 | | employment; and | 24 | | (8) as bystanders, educators may have knowledge of | 25 | | concerning behaviors that no one else is aware of, so they | 26 | | need adequate training on sexual abuse, the employee code |
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| 1 | | of professional conduct policy, and federal and State | 2 | | reporting requirements. | 3 | | (c) In this Section, "sexual misconduct" means any act, | 4 | | including, but not limited to,
any verbal, nonverbal, written, | 5 | | or electronic communication or
physical activity, by an | 6 | | employee or agent of the school district, charter school, or | 7 | | nonpublic, nonsectarian elementary or secondary school with | 8 | | direct contact with a student that is directed toward or with a | 9 | | student to establish a romantic or sexual relationship with | 10 | | the student. Such an act includes, but is not limited to, any | 11 | | of the following: | 12 | | (1) A sexual or romantic invitation. | 13 | | (2) Dating or requesting or participating in a private | 14 | | meeting outside of the employee's or agent's professional | 15 | | role with a student, including meeting in person or | 16 | | through electronic communication. | 17 | | (3) Engaging in sexualized or romantic dialog. | 18 | | (4) Making sexually suggestive comments that are | 19 | | directed toward or with a student. | 20 | | (5) Self-disclosure or physical exposure of a sexual, | 21 | | romantic, or erotic nature. | 22 | | (6) A sexual, indecent, romantic, or erotic contact | 23 | | with the student. | 24 | | (d) To prevent sexual misconduct with students, each | 25 | | school district, charter school, or nonpublic, nonsectarian | 26 | | elementary or secondary school shall develop an employee code |
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| 1 | | of professional conduct policy that addresses all of the | 2 | | following: | 3 | | (1) Incorporates the Code of Ethics for Illinois | 4 | | Educators. | 5 | | (2) Incorporates the definition of "sexual misconduct" | 6 | | in this Section. | 7 | | (3) Identifies the expectations for employees and | 8 | | agents of the school district, charter school, or | 9 | | nonpublic, nonsectarian elementary or secondary school | 10 | | regarding how to maintain a professional relationship with | 11 | | students, including the expectations for staff-student | 12 | | boundaries, recognizing the age and developmental level of | 13 | | the students served, and establishes guidelines for all of | 14 | | the following situations: | 15 | | (A) Transporting a student. | 16 | | (B) Taking or possessing a photo or a video of a | 17 | | student. | 18 | | (C) Meeting with a student or contacting a student | 19 | | outside of the employee's or agent's professional | 20 | | role. | 21 | | (4) References the employee reporting requirements | 22 | | required under the Abused and Neglected Child Reporting | 23 | | Act and under Title IX of the federal Education Amendments | 24 | | of 1972. | 25 | | (5) References required employee training that is | 26 | | related to child abuse and educator ethics that are |
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| 1 | | applicable under State and federal law. | 2 | | (e) The employee code of professional conduct policy must | 3 | | be posted on the website, if any, of each school district, | 4 | | charter school, or nonpublic, nonsectarian elementary or | 5 | | secondary school and must be included in any staff, student, | 6 | | or parent handbook provided by the school district, charter | 7 | | school, or nonpublic, nonsectarian elementary or secondary | 8 | | school. | 9 | | (f) A violation of the employee code of professional | 10 | | conduct policy may subject an employee to disciplinary action | 11 | | up to and including dismissal from employment. Failure to | 12 | | report a violation of the employee code of professional | 13 | | conduct policy may subject an employee to disciplinary action | 14 | | up to and including dismissal from employment.
| 15 | | (105 ILCS 5/27A-5)
| 16 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 17 | | (a) A charter school shall be a public, nonsectarian, | 18 | | nonreligious, non-home
based, and non-profit school. A charter | 19 | | school shall be organized and operated
as a nonprofit | 20 | | corporation or other discrete, legal, nonprofit entity
| 21 | | authorized under the laws of the State of Illinois.
| 22 | | (b) A charter school may be established under this Article | 23 | | by creating a new
school or by converting an existing public | 24 | | school or attendance center to
charter
school status.
| 25 | | Beginning on April 16, 2003 (the effective date of Public Act |
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| 1 | | 93-3), in all new
applications to establish
a charter
school | 2 | | in a city having a population exceeding 500,000, operation of | 3 | | the
charter
school shall be limited to one campus. The changes | 4 | | made to this Section by Public Act 93-3 do not apply to charter | 5 | | schools existing or approved on or before April 16, 2003 (the
| 6 | | effective date of Public Act 93-3). | 7 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 8 | | a cyber school where students engage in online curriculum and | 9 | | instruction via the Internet and electronic communication with | 10 | | their teachers at remote locations and with students | 11 | | participating at different times. | 12 | | From April 1, 2013 through December 31, 2016, there is a | 13 | | moratorium on the establishment of charter schools with | 14 | | virtual-schooling components in school districts other than a | 15 | | school district organized under Article 34 of this Code. This | 16 | | moratorium does not apply to a charter school with | 17 | | virtual-schooling components existing or approved prior to | 18 | | April 1, 2013 or to the renewal of the charter of a charter | 19 | | school with virtual-schooling components already approved | 20 | | prior to April 1, 2013.
| 21 | | (c) A charter school shall be administered and governed by | 22 | | its board of
directors or other governing body
in the manner | 23 | | provided in its charter. The governing body of a charter | 24 | | school
shall be subject to the Freedom of Information Act and | 25 | | the Open Meetings Act. No later than January 1, 2021 (one year | 26 | | after the effective date of Public Act 101-291), a charter |
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| 1 | | school's board of directors or other governing body must | 2 | | include at least one parent or guardian of a pupil currently | 3 | | enrolled in the charter school who may be selected through the | 4 | | charter school or a charter network election, appointment by | 5 | | the charter school's board of directors or other governing | 6 | | body, or by the charter school's Parent Teacher Organization | 7 | | or its equivalent. | 8 | | (c-5) No later than January 1, 2021 (one year after the | 9 | | effective date of Public Act 101-291) or within the first year | 10 | | of his or her first term, every voting member of a charter | 11 | | school's board of directors or other governing body shall | 12 | | complete a minimum of 4 hours of professional development | 13 | | leadership training to ensure that each member has sufficient | 14 | | familiarity with the board's or governing body's role and | 15 | | responsibilities, including financial oversight and | 16 | | accountability of the school, evaluating the principal's and | 17 | | school's performance, adherence to the Freedom of Information | 18 | | Act and the Open Meetings Act, and compliance with education | 19 | | and labor law. In each subsequent year of his or her term, a | 20 | | voting member of a charter school's board of directors or | 21 | | other governing body shall complete a minimum of 2 hours of | 22 | | professional development training in these same areas. The | 23 | | training under this subsection may be provided or certified by | 24 | | a statewide charter school membership association or may be | 25 | | provided or certified by other qualified providers approved by | 26 | | the State Board of Education.
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| 1 | | (d) For purposes of this subsection (d), "non-curricular | 2 | | health and safety requirement" means any health and safety | 3 | | requirement created by statute or rule to provide, maintain, | 4 | | preserve, or safeguard safe or healthful conditions for | 5 | | students and school personnel or to eliminate, reduce, or | 6 | | prevent threats to the health and safety of students and | 7 | | school personnel. "Non-curricular health and safety | 8 | | requirement" does not include any course of study or | 9 | | specialized instructional requirement for which the State | 10 | | Board has established goals and learning standards or which is | 11 | | designed primarily to impart knowledge and skills for students | 12 | | to master and apply as an outcome of their education. | 13 | | A charter school shall comply with all non-curricular | 14 | | health and safety
requirements applicable to public schools | 15 | | under the laws of the State of
Illinois. On or before September | 16 | | 1, 2015, the State Board shall promulgate and post on its | 17 | | Internet website a list of non-curricular health and safety | 18 | | requirements that a charter school must meet. The list shall | 19 | | be updated annually no later than September 1. Any charter | 20 | | contract between a charter school and its authorizer must | 21 | | contain a provision that requires the charter school to follow | 22 | | the list of all non-curricular health and safety requirements | 23 | | promulgated by the State Board and any non-curricular health | 24 | | and safety requirements added by the State Board to such list | 25 | | during the term of the charter. Nothing in this subsection (d) | 26 | | precludes an authorizer from including non-curricular health |
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| 1 | | and safety requirements in a charter school contract that are | 2 | | not contained in the list promulgated by the State Board, | 3 | | including non-curricular health and safety requirements of the | 4 | | authorizing local school board.
| 5 | | (e) Except as otherwise provided in the School Code, a | 6 | | charter school shall
not charge tuition; provided that a | 7 | | charter school may charge reasonable fees
for textbooks, | 8 | | instructional materials, and student activities.
| 9 | | (f) A charter school shall be responsible for the | 10 | | management and operation
of its fiscal affairs including,
but | 11 | | not limited to, the preparation of its budget. An audit of each | 12 | | charter
school's finances shall be conducted annually by an | 13 | | outside, independent
contractor retained by the charter | 14 | | school. To ensure financial accountability for the use of | 15 | | public funds, on or before December 1 of every year of | 16 | | operation, each charter school shall submit to its authorizer | 17 | | and the State Board a copy of its audit and a copy of the Form | 18 | | 990 the charter school filed that year with the federal | 19 | | Internal Revenue Service. In addition, if deemed necessary for | 20 | | proper financial oversight of the charter school, an | 21 | | authorizer may require quarterly financial statements from | 22 | | each charter school.
| 23 | | (g) A charter school shall comply with all provisions of | 24 | | this Article, the Illinois Educational Labor Relations Act, | 25 | | all federal and State laws and rules applicable to public | 26 | | schools that pertain to special education and the instruction |
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| 1 | | of English learners, and
its charter. A charter
school is | 2 | | exempt from all other State laws and regulations in this Code
| 3 | | governing public
schools and local school board policies; | 4 | | however, a charter school is not exempt from the following:
| 5 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 6 | | regarding criminal
history records checks and checks of | 7 | | the Statewide Sex Offender Database and Statewide Murderer | 8 | | and Violent Offender Against Youth Database of applicants | 9 | | for employment;
| 10 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 11 | | 34-84a of this Code regarding discipline of
students;
| 12 | | (3) the Local Governmental and Governmental Employees | 13 | | Tort Immunity Act;
| 14 | | (4) Section 108.75 of the General Not For Profit | 15 | | Corporation Act of 1986
regarding indemnification of | 16 | | officers, directors, employees, and agents;
| 17 | | (5) the Abused and Neglected Child Reporting Act;
| 18 | | (5.5) subsection (b) of Section 10-23.12 and | 19 | | subsection (b) of Section 34-18.6 of this Code; | 20 | | (6) the Illinois School Student Records Act;
| 21 | | (7) Section 10-17a of this Code regarding school | 22 | | report cards;
| 23 | | (8) the P-20 Longitudinal Education Data System Act; | 24 | | (9) Section 27-23.7 of this Code regarding bullying | 25 | | prevention; | 26 | | (10) Section 2-3.162 of this Code regarding student |
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| 1 | | discipline reporting; | 2 | | (11) Sections 22-80 and 27-8.1 of this Code; | 3 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 4 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 5 | | (14) Section 26-18 of this Code; | 6 | | (15) Section 22-30 of this Code; | 7 | | (16) Sections 24-12 and 34-85 of this Code; | 8 | | (17) the Seizure Smart School Act; and | 9 | | (18) Section 2-3.64a-10 of this Code ; . | 10 | | (19) Section 2-3.182 of this Code; and | 11 | | (20) Section 22-85.5 of this Code. | 12 | | The change made by Public Act 96-104 to this subsection | 13 | | (g) is declaratory of existing law. | 14 | | (h) A charter school may negotiate and contract with a | 15 | | school district, the
governing body of a State college or | 16 | | university or public community college, or
any other public or | 17 | | for-profit or nonprofit private entity for: (i) the use
of a | 18 | | school building and grounds or any other real property or | 19 | | facilities that
the charter school desires to use or convert | 20 | | for use as a charter school site,
(ii) the operation and | 21 | | maintenance thereof, and
(iii) the provision of any service, | 22 | | activity, or undertaking that the charter
school is required | 23 | | to perform in order to carry out the terms of its charter.
| 24 | | However, a charter school
that is established on
or
after | 25 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 26 | | operates
in a city having a population exceeding
500,000 may |
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| 1 | | not contract with a for-profit entity to
manage or operate the | 2 | | school during the period that commences on April 16, 2003 (the
| 3 | | effective date of Public Act 93-3) and
concludes at the end of | 4 | | the 2004-2005 school year.
Except as provided in subsection | 5 | | (i) of this Section, a school district may
charge a charter | 6 | | school reasonable rent for the use of the district's
| 7 | | buildings, grounds, and facilities. Any services for which a | 8 | | charter school
contracts
with a school district shall be | 9 | | provided by the district at cost. Any services
for which a | 10 | | charter school contracts with a local school board or with the
| 11 | | governing body of a State college or university or public | 12 | | community college
shall be provided by the public entity at | 13 | | cost.
| 14 | | (i) In no event shall a charter school that is established | 15 | | by converting an
existing school or attendance center to | 16 | | charter school status be required to
pay rent for space
that is | 17 | | deemed available, as negotiated and provided in the charter | 18 | | agreement,
in school district
facilities. However, all other | 19 | | costs for the operation and maintenance of
school district | 20 | | facilities that are used by the charter school shall be | 21 | | subject
to negotiation between
the charter school and the | 22 | | local school board and shall be set forth in the
charter.
| 23 | | (j) A charter school may limit student enrollment by age | 24 | | or grade level.
| 25 | | (k) If the charter school is approved by the State Board or | 26 | | Commission, then the charter school is its own local education |
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| 1 | | agency. | 2 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 3 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 4 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 5 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 6 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | 7 | | 3-8-21.) | 8 | | Section 10. The Abused and Neglected Child Reporting Act | 9 | | is amended by changing Section 3 as follows: | 10 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 11 | | Sec. 3. As used in this Act unless the context otherwise | 12 | | requires: | 13 | | "Adult resident" means any person between 18 and 22 years | 14 | | of age who resides in any facility licensed by the Department | 15 | | under the Child Care Act of 1969. For purposes of this Act, the | 16 | | criteria set forth in the definitions of "abused child" and | 17 | | "neglected child" shall be used in determining whether an | 18 | | adult resident is abused or neglected. | 19 | | "Agency" means a child care facility licensed under | 20 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 21 | | includes a transitional living program that accepts children | 22 | | and adult residents for placement who are in the guardianship | 23 | | of the Department. | 24 | | "Blatant disregard" means an incident where the real, |
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| 1 | | significant, and imminent risk of harm would be so obvious to a | 2 | | reasonable parent or caretaker that it is unlikely that a | 3 | | reasonable parent or caretaker would have exposed the child to | 4 | | the danger without exercising precautionary measures to | 5 | | protect the child from harm. With respect to a person working | 6 | | at an agency in his or her professional capacity with a child | 7 | | or adult resident, "blatant disregard" includes a failure by | 8 | | the person to perform job responsibilities intended to protect | 9 | | the child's or adult resident's health, physical well-being, | 10 | | or welfare, and, when viewed in light of the surrounding | 11 | | circumstances, evidence exists that would cause a reasonable | 12 | | person to believe that the child was neglected. With respect | 13 | | to an agency, "blatant disregard" includes a failure to | 14 | | implement practices that ensure the health, physical | 15 | | well-being, or welfare of the children and adult residents | 16 | | residing in the facility. | 17 | | "Child" means any person under the age of 18 years, unless | 18 | | legally
emancipated by reason of marriage or entry into a | 19 | | branch of the United
States armed services. | 20 | | "Department" means Department of Children and Family | 21 | | Services. | 22 | | "Local law enforcement agency" means the police of a city, | 23 | | town,
village or other incorporated area or the sheriff of an | 24 | | unincorporated
area or any sworn officer of the Illinois | 25 | | Department of State Police. | 26 | | "Abused child"
means a child whose parent or immediate |
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| 1 | | family
member,
or any person responsible for the child's | 2 | | welfare, or any individual
residing in the same home as the | 3 | | child, or a paramour of the child's parent: | 4 | | (a) inflicts, causes to be inflicted, or allows to be
| 5 | | inflicted upon
such child physical injury, by other than | 6 | | accidental means, which causes
death, disfigurement, | 7 | | impairment of physical or
emotional health, or loss or | 8 | | impairment of any bodily function; | 9 | | (b) creates a substantial risk of physical injury to | 10 | | such
child by
other than accidental means which would be | 11 | | likely to cause death,
disfigurement, impairment of | 12 | | physical or emotional health, or loss or
impairment of any | 13 | | bodily function; | 14 | | (c) commits or allows to be committed any sex offense | 15 | | against
such child,
as such sex offenses are defined in | 16 | | the Criminal Code of 2012 or in the Wrongs to Children Act,
| 17 | | and extending those definitions of sex offenses to include | 18 | | children under
18 years of age; | 19 | | (d) commits or allows to be committed an act or acts of
| 20 | | torture upon
such child; | 21 | | (e) inflicts excessive corporal punishment or, in the | 22 | | case of a person working for an agency who is prohibited | 23 | | from using corporal punishment, inflicts corporal | 24 | | punishment upon a child or adult resident with whom the | 25 | | person is working in his or her professional capacity; | 26 | | (f) commits or allows to be committed
the offense of
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| 1 | | female
genital mutilation, as defined in Section 12-34 of | 2 | | the Criminal Code of
2012, against the child; | 3 | | (g) causes to be sold, transferred, distributed, or | 4 | | given to
such child
under 18 years of age, a controlled | 5 | | substance as defined in Section 102 of the
Illinois | 6 | | Controlled Substances Act in violation of Article IV of | 7 | | the Illinois
Controlled Substances Act or in violation of | 8 | | the Methamphetamine Control and Community Protection Act, | 9 | | except for controlled substances that are prescribed
in | 10 | | accordance with Article III of the Illinois Controlled | 11 | | Substances Act and
are dispensed to such child in a manner | 12 | | that substantially complies with the
prescription; or | 13 | | (h) commits or allows to be committed the offense of | 14 | | involuntary servitude, involuntary sexual servitude of a | 15 | | minor, or trafficking in persons as defined in Section | 16 | | 10-9 of the Criminal Code of 2012 against the child ; or . | 17 | | (i) commits the offense of grooming, as defined in | 18 | | Section 11-25 of the Criminal Code of 2012, against the | 19 | | child. | 20 | | A child shall not be considered abused for the sole reason | 21 | | that the child
has been relinquished in accordance with the | 22 | | Abandoned Newborn Infant
Protection Act. | 23 | | "Neglected child" means any child who is not receiving the | 24 | | proper or
necessary nourishment or medically indicated | 25 | | treatment including food or care
not provided solely on the | 26 | | basis of the present or anticipated mental or
physical |
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| 1 | | impairment as determined by a physician acting alone or in
| 2 | | consultation with other physicians or otherwise is not | 3 | | receiving the proper or
necessary support or medical or other | 4 | | remedial care recognized under State law
as necessary for a | 5 | | child's well-being, or other care necessary for his or her
| 6 | | well-being, including adequate food, clothing and shelter; or | 7 | | who is subjected to an environment which is injurious insofar | 8 | | as (i) the child's environment creates a likelihood of harm to | 9 | | the child's health, physical well-being, or welfare and (ii) | 10 | | the likely harm to the child is the result of a blatant | 11 | | disregard of parent, caretaker, or agency responsibilities; or | 12 | | who is abandoned
by his or her parents or other person | 13 | | responsible for the child's welfare
without a proper plan of | 14 | | care; or who has been provided with interim crisis | 15 | | intervention services under
Section 3-5 of
the Juvenile Court | 16 | | Act of 1987 and whose parent, guardian, or custodian refuses | 17 | | to
permit
the child to return home and no other living | 18 | | arrangement agreeable
to the parent, guardian, or custodian | 19 | | can be made, and the parent, guardian, or custodian has not | 20 | | made any other appropriate living arrangement for the child; | 21 | | or who is a newborn infant whose blood, urine,
or meconium
| 22 | | contains any amount of a controlled substance as defined in | 23 | | subsection (f) of
Section 102 of the Illinois Controlled | 24 | | Substances Act or a metabolite thereof,
with the exception of | 25 | | a controlled substance or metabolite thereof whose
presence in | 26 | | the newborn infant is the result of medical treatment |
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| 1 | | administered
to the mother or the newborn infant. A child | 2 | | shall not be considered neglected
for the sole reason that the | 3 | | child's parent or other person responsible for his
or her | 4 | | welfare has left the child in the care of an adult relative for | 5 | | any
period of time. A child shall not be considered neglected | 6 | | for the sole reason
that the child has been relinquished in | 7 | | accordance with the Abandoned Newborn
Infant Protection Act. A | 8 | | child shall not be considered neglected or abused
for the
sole | 9 | | reason that such child's parent or other person responsible | 10 | | for his or her
welfare depends upon spiritual means through | 11 | | prayer alone for the treatment or
cure of disease or remedial | 12 | | care as provided under Section 4 of this Act. A
child shall not | 13 | | be considered neglected or abused solely because the child is
| 14 | | not attending school in accordance with the requirements of | 15 | | Article 26 of The
School Code, as amended. | 16 | | "Child Protective Service Unit" means certain specialized | 17 | | State employees of
the Department assigned by the Director to | 18 | | perform the duties and
responsibilities as provided under | 19 | | Section 7.2 of this Act. | 20 | | "Near fatality" means an act that, as certified by a | 21 | | physician, places the child in serious or critical condition, | 22 | | including acts of great bodily harm inflicted upon children | 23 | | under 13 years of age, and as otherwise defined by Department | 24 | | rule. | 25 | | "Great bodily harm" includes bodily injury which creates a | 26 | | high probability of death, or which causes serious permanent |
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| 1 | | disfigurement, or which causes a permanent or protracted loss | 2 | | or impairment of the function of any bodily member or organ, or | 3 | | other serious bodily harm. | 4 | | "Person responsible for the child's welfare" means the | 5 | | child's parent;
guardian; foster parent; relative caregiver; | 6 | | any person responsible for the
child's welfare in a public or | 7 | | private residential agency or institution; any
person | 8 | | responsible for the child's welfare within a public or private | 9 | | profit or
not for profit child care facility; or any other | 10 | | person responsible for the
child's welfare at the time of the | 11 | | alleged abuse or neglect, including any person that is the | 12 | | custodian of a child under 18 years of age who commits or | 13 | | allows to be committed, against the child, the offense of | 14 | | involuntary servitude, involuntary sexual servitude of a | 15 | | minor, or trafficking in persons for forced labor or services, | 16 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 17 | | any person who
came to know the child through an official | 18 | | capacity or position of trust,
including but not limited to | 19 | | health care professionals, educational personnel,
recreational | 20 | | supervisors, members of the clergy, and volunteers or
support | 21 | | personnel in any setting
where children may be subject to | 22 | | abuse or neglect. | 23 | | "Temporary protective custody" means custody within a | 24 | | hospital or
other medical facility or a place previously | 25 | | designated for such custody
by the Department, subject to | 26 | | review by the Court, including a licensed
foster home, group |
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| 1 | | home, or other institution; but such place shall not
be a jail | 2 | | or other place for the detention of criminal or juvenile | 3 | | offenders. | 4 | | "An unfounded report" means any report made under this Act | 5 | | for which
it is determined after an investigation that no | 6 | | credible evidence of
abuse or neglect exists. | 7 | | "An indicated report" means a report made under this Act | 8 | | if an
investigation determines that credible evidence of the | 9 | | alleged
abuse or neglect exists. | 10 | | "An undetermined report" means any report made under this | 11 | | Act in
which it was not possible to initiate or complete an | 12 | | investigation on
the basis of information provided to the | 13 | | Department. | 14 | | "Subject of report" means any child reported to the | 15 | | central register
of child abuse and neglect established under | 16 | | Section 7.7 of this Act as an alleged victim of child abuse or | 17 | | neglect and
the parent or guardian of the alleged victim or | 18 | | other person responsible for the alleged victim's welfare who | 19 | | is named in the report or added to the report as an alleged | 20 | | perpetrator of child abuse or neglect. | 21 | | "Perpetrator" means a person who, as a result of | 22 | | investigation, has
been determined by the Department to have | 23 | | caused child abuse or neglect. | 24 | | "Member of the clergy" means a clergyman or practitioner | 25 | | of any religious
denomination accredited by the religious body | 26 | | to which he or she belongs. |
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| 1 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .) | 2 | | Section 15. The Criminal Code of 2012 is amended by | 3 | | changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
| 4 | | (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
| 5 | | Sec. 11-1.20. Criminal sexual assault.
| 6 | | (a) A person commits criminal sexual assault if that | 7 | | person commits an act of sexual penetration and: | 8 | | (1) uses force or threat of force; | 9 | | (2) knows that the victim is unable to understand the | 10 | | nature of the act or is unable to give knowing consent; | 11 | | (3) is a family member of the victim, and the victim is | 12 | | under 18 years of age; or | 13 | | (4) is 17 years of age or over and holds a position of | 14 | | trust, authority, or supervision in relation to the | 15 | | victim, and the victim is at least 13 years of age but | 16 | | under 18 years of age ; or .
| 17 | | (5) the victim is enrolled as a student at a public or | 18 | | nonpublic secondary school and the accused held a position | 19 | | of trust, authority, or supervision in relation to the | 20 | | victim in connection with an educational or | 21 | | extracurricular program or activity, regardless of the | 22 | | location of the commission of the act. | 23 | | (b) Sentence.
| 24 | | (1) Criminal sexual assault is a Class 1 felony, |
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| 1 | | except that:
| 2 | | (A) A person who is convicted of the offense of | 3 | | criminal sexual assault as
defined in paragraph (a)(1) | 4 | | or (a)(2) after having previously been convicted of
| 5 | | the offense of criminal sexual assault or the offense | 6 | | of exploitation of a child, or who is convicted of the | 7 | | offense of
criminal sexual assault as defined in | 8 | | paragraph (a)(1) or (a)(2) after having
previously | 9 | | been convicted under the laws of this State or any | 10 | | other state of an
offense that is substantially | 11 | | equivalent to the offense of criminal sexual
assault | 12 | | or to the offense of exploitation of a child, commits a | 13 | | Class X felony for which the person shall be sentenced | 14 | | to a
term of imprisonment of not less than 30 years and | 15 | | not more than 60 years, except that if the person is | 16 | | under the age of 18 years at the time of the offense, | 17 | | he or she shall be sentenced under Section 5-4.5-105 | 18 | | of the Unified Code of Corrections. The
commission of | 19 | | the second or subsequent offense is required to have | 20 | | been after
the initial conviction for this paragraph | 21 | | (A) to apply.
| 22 | | (B) A person who has attained the age of 18 years | 23 | | at the time of the commission of the offense and who is | 24 | | convicted of the offense of criminal sexual assault as
| 25 | | defined in paragraph (a)(1) or (a)(2) after having | 26 | | previously been convicted of
the offense of aggravated |
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| 1 | | criminal sexual assault or the offense of predatory
| 2 | | criminal sexual assault of a child, or who is | 3 | | convicted of the offense of
criminal sexual assault as | 4 | | defined in paragraph (a)(1) or (a)(2) after having
| 5 | | previously been convicted under the laws of this State | 6 | | or any other state of an
offense that is substantially | 7 | | equivalent to the offense of aggravated criminal
| 8 | | sexual assault or the offense of predatory criminal | 9 | | sexual assault of a child shall be
sentenced to a term | 10 | | of natural life imprisonment. The commission of the | 11 | | second
or subsequent offense is required to have been | 12 | | after the initial conviction for
this paragraph (B) to | 13 | | apply. An offender under the age of 18 years at the | 14 | | time of the commission of the offense covered by this | 15 | | subparagraph (B) shall be sentenced under Section | 16 | | 5-4.5-105 of the Unified Code of Corrections.
| 17 | | (C) A second or subsequent conviction for a | 18 | | violation of paragraph
(a)(3) , or (a)(4) , or (a)(5) or | 19 | | under any similar statute of this State
or any other | 20 | | state for any offense involving criminal sexual | 21 | | assault that is
substantially equivalent to or more | 22 | | serious than the sexual assault prohibited
under | 23 | | paragraph (a)(3) , or (a)(4) , or (a)(5) is a Class X | 24 | | felony.
| 25 | | (Source: P.A. 99-69, eff. 1-1-16 .)
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| 1 | | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| 2 | | Sec. 11-1.60. Aggravated criminal sexual abuse.
| 3 | | (a) A person commits aggravated criminal sexual abuse if | 4 | | that person commits criminal sexual abuse and any of the | 5 | | following aggravating circumstances exist (i) during the | 6 | | commission of the offense or (ii) for purposes of paragraph | 7 | | (7), as part of the same course of conduct as the commission of | 8 | | the offense: | 9 | | (1) the person displays, threatens to use, or uses a | 10 | | dangerous weapon or any other object fashioned or used in | 11 | | a manner that leads the victim, under the circumstances, | 12 | | reasonably to believe that the object is a dangerous | 13 | | weapon; | 14 | | (2) the person causes bodily harm to the victim; | 15 | | (3) the victim is 60 years of age or older; | 16 | | (4) the victim is a person with a physical disability; | 17 | | (5) the person acts in a manner that threatens or | 18 | | endangers the life of the victim or any other person; | 19 | | (6) the person commits the criminal sexual abuse | 20 | | during the course of committing or attempting to commit | 21 | | any other felony; or | 22 | | (7) the person delivers (by injection, inhalation, | 23 | | ingestion, transfer of possession, or any other means) any | 24 | | controlled substance to the victim for other than medical | 25 | | purposes without the victim's consent or by threat or | 26 | | deception.
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| 1 | | (b) A person commits aggravated criminal sexual abuse if | 2 | | that person
commits an act of sexual conduct with a victim who | 3 | | is under 18
years of age
and the person is a family member.
| 4 | | (c) A person commits aggravated criminal sexual abuse if:
| 5 | | (1) that person is 17 years of age or over and: (i) | 6 | | commits an act of
sexual
conduct with a victim who is under | 7 | | 13 years of age; or
(ii) commits an act of sexual conduct | 8 | | with a victim who is at least 13
years of age but under 17 | 9 | | years of age and the
person uses force or threat of force | 10 | | to commit the act; or
| 11 | | (2) that person is under 17 years of age and: (i) | 12 | | commits an act of
sexual conduct with a victim who is under | 13 | | 9 years of age; or (ii) commits an act of sexual conduct | 14 | | with a victim who is
at least 9 years of age but under 17 | 15 | | years of age and the person uses force or threat of force | 16 | | to commit the act.
| 17 | | (d) A person commits aggravated criminal sexual abuse if | 18 | | that person
commits an act of sexual penetration or sexual | 19 | | conduct with a victim
who is at least 13
years of age but under | 20 | | 17 years of age and the person is at least 5 years
older than | 21 | | the victim.
| 22 | | (e) A person commits aggravated criminal sexual abuse if | 23 | | that person
commits an act of sexual conduct with a victim who | 24 | | is a
person with a severe or profound intellectual disability.
| 25 | | (f) A person commits aggravated criminal sexual abuse if
| 26 | | that person commits an act of sexual conduct with a victim who |
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| 1 | | is at least
13 years of age but under 18 years of age and
the | 2 | | person is 17 years of age or over and holds a position of | 3 | | trust,
authority, or supervision in relation to the victim.
| 4 | | (f-5) A person commits aggravated criminal sexual abuse if | 5 | | that person commits an act of sexual conduct with a victim who | 6 | | is enrolled as a student at a public or nonpublic secondary | 7 | | school and the accused held a position of trust, authority, or | 8 | | supervision in relation to the victim in connection with an | 9 | | educational or extracurricular program or activity, regardless | 10 | | of the location of the commission of the act. | 11 | | (g) Sentence. Aggravated criminal sexual abuse is a Class | 12 | | 2 felony.
| 13 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 14 | | (720 ILCS 5/11-25) | 15 | | Sec. 11-25. Grooming. | 16 | | (a) A person commits grooming when he or she knowingly | 17 | | uses a computer on-line service, Internet service, local | 18 | | bulletin board service, or any other device capable of | 19 | | electronic data storage or transmission or performs an act in | 20 | | person or by conduct through a third party to seduce, solicit, | 21 | | lure, or entice, or attempt to seduce, solicit, lure, or | 22 | | entice, a child, a child's guardian, or another person | 23 | | believed by the person to be a child or a child's guardian, to | 24 | | commit any sex offense as defined in Section 2 of the Sex | 25 | | Offender Registration Act, to distribute photographs depicting |
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| 1 | | the sex organs of the child, or to otherwise engage in any | 2 | | unlawful sexual conduct with a child or with another person | 3 | | believed by the person to be a child. As used in this Section, | 4 | | "child" means a person under 17 years of age. | 5 | | (b) Sentence. Grooming is a Class 4 felony.
| 6 | | (Source: P.A. 100-428, eff. 1-1-18 .)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law, except that Section 5 takes effect on July 1, | 9 | | 2022.
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