Illinois General Assembly - Full Text of HB1975
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Full Text of HB1975  102nd General Assembly

HB1975sam002 102ND GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 10/15/2021

 

 


 

 


 
10200HB1975sam002LRB102 16364 CMG 28904 a

1
AMENDMENT TO HOUSE BILL 1975

2    AMENDMENT NO. ______. Amend House Bill 1975 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as Faith's Law.
 
5    Section 5. The School Code is amended by adding Sections
62-3.188 and 22-85.5 and by changing Sections 21B-45 and 27A-5
7as 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
11consultation with relevant stakeholders, as needed, shall
12develop and maintain a resource guide that shall be made
13available on the State Board's Internet website. The resource
14guide shall provide guidance for pupils, parents or guardians,
15and teachers about sexual abuse response and prevention

 

 

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1resources available in their community. The resource guide
2shall, at a minimum, provide all of the following information:
3        (1) Contact information, the location, and a list of
4    the services provided by or available through accredited
5    children's advocacy centers.
6        (2) Contact information and a list of the services
7    offered by organizations that provide medical evaluations
8    and treatment to victims of child sexual abuse.
9        (3) Contact information and a list of the services
10    offered by organizations that provide mental health
11    evaluations and services to victims and the families of
12    victims of child sexual abuse.
13        (4) Contact information of organizations that offer
14    legal assistance to and provide advocacy on behalf of
15    victims of child sexual abuse.
16    (b) At the beginning of the school year, each school
17district, charter school, or nonpublic school shall notify the
18parents or guardians of enrolled students of the availability
19of the resource guide. Each school district, charter school,
20or nonpublic school shall furnish the resource guide to a
21student's parent or guardian at the request of the parent or
22guardian and may also make the resource guide available on its
23Internet website.
24    (c) The State Board of Education shall periodically review
25the information contained in the resource guide and update the
26information as necessary.
 

 

 

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1    (105 ILCS 5/21B-45)
2    Sec. 21B-45. Professional Educator License renewal.
3    (a) Individuals holding a Professional Educator License
4are required to complete the licensure renewal requirements as
5specified in this Section, unless otherwise provided in this
6Code.
7    Individuals holding a Professional Educator License shall
8meet the renewal requirements set forth in this Section,
9unless otherwise provided in this Code. If an individual holds
10a license endorsed in more than one area that has different
11renewal requirements, that individual shall follow the renewal
12requirements for the position for which he or she spends the
13majority of his or her time working.
14    (b) All Professional Educator Licenses not renewed as
15provided in this Section shall lapse on September 1 of that
16year. Notwithstanding any other provisions of this Section, if
17a license holder's electronic mail address is available, the
18State Board of Education shall send him or her notification
19electronically that his or her license will lapse if not
20renewed, to be sent no more than 6 months prior to the license
21lapsing. Lapsed licenses may be immediately reinstated upon
22(i) payment by the applicant of a $500 penalty to the State
23Board of Education or (ii) the demonstration of proficiency by
24completing 9 semester hours of coursework from a regionally
25accredited institution of higher education in the content area

 

 

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1that most aligns with one or more of the educator's
2endorsement areas. Any and all back fees, including without
3limitation registration fees owed from the time of expiration
4of the license until the date of reinstatement, shall be paid
5and kept in accordance with the provisions in Article 3 of this
6Code concerning an institute fund and the provisions in
7Article 21B of this Code concerning fees and requirements for
8registration. Licenses not registered in accordance with
9Section 21B-40 of this Code shall lapse after a period of 6
10months from the expiration of the last year of registration or
11on January 1 of the fiscal year following initial issuance of
12the license. An unregistered license is invalid after
13September 1 for employment and performance of services in an
14Illinois public or State-operated school or cooperative and in
15a charter school. Any license or endorsement may be
16voluntarily surrendered by the license holder. A voluntarily
17surrendered license shall be treated as a revoked license. An
18Educator License with Stipulations with only a
19paraprofessional endorsement does not lapse.
20    (c) From July 1, 2013 through June 30, 2014, in order to
21satisfy the requirements for licensure renewal provided for in
22this Section, each professional educator licensee with an
23administrative endorsement who is working in a position
24requiring such endorsement shall complete one Illinois
25Administrators' Academy course, as described in Article 2 of
26this Code, per fiscal year.

 

 

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1    (c-5) All licenses issued by the State Board of Education
2under this Article that expire on June 30, 2020 and have not
3been renewed by the end of the 2020 renewal period shall be
4extended for one year and shall expire on June 30, 2021.
5    (d) Beginning July 1, 2014, in order to satisfy the
6requirements for licensure renewal provided for in this
7Section, each professional educator licensee may create a
8professional development plan each year. The plan shall
9address one or more of the endorsements that are required of
10his or her educator position if the licensee is employed and
11performing services in an Illinois public or State-operated
12school or cooperative. If the licensee is employed in a
13charter school, the plan shall address that endorsement or
14those endorsements most closely related to his or her educator
15position. Licensees employed and performing services in any
16other Illinois schools may participate in the renewal
17requirements by adhering to the same process.
18    Except as otherwise provided in this Section, the
19licensee's professional development activities shall align
20with one or more of the following criteria:
21        (1) activities are of a type that engage participants
22    over a sustained period of time allowing for analysis,
23    discovery, and application as they relate to student
24    learning, social or emotional achievement, or well-being;
25        (2) professional development aligns to the licensee's
26    performance;

 

 

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1        (3) outcomes for the activities must relate to student
2    growth or district improvement;
3        (4) activities align to State-approved standards; and
4        (5) higher education coursework.
5    (e) For each renewal cycle, each professional educator
6licensee shall engage in professional development activities.
7Prior to renewal, the licensee shall enter electronically into
8the Educator Licensure Information System (ELIS) the name,
9date, and location of the activity, the number of professional
10development hours, and the provider's name. The following
11provisions shall apply concerning professional development
12activities:
13        (1) Each licensee shall complete a total of 120 hours
14    of professional development per 5-year renewal cycle in
15    order to renew the license, except as otherwise provided
16    in this Section.
17        (2) Beginning with his or her first full 5-year cycle,
18    any licensee with an administrative endorsement who is not
19    working in a position requiring such endorsement is not
20    required to complete Illinois Administrators' Academy
21    courses, as described in Article 2 of this Code. Such
22    licensees must complete one Illinois Administrators'
23    Academy course within one year after returning to a
24    position that requires the administrative endorsement.
25        (3) Any licensee with an administrative endorsement
26    who is working in a position requiring such endorsement or

 

 

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1    an individual with a Teacher Leader endorsement serving in
2    an administrative capacity at least 50% of the day shall
3    complete one Illinois Administrators' Academy course, as
4    described in Article 2 of this Code, each fiscal year in
5    addition to 100 hours of professional development per
6    5-year renewal cycle in accordance with this Code.
7        (4) Any licensee holding a current National Board for
8    Professional Teaching Standards (NBPTS) master teacher
9    designation shall complete a total of 60 hours of
10    professional development per 5-year renewal cycle in order
11    to renew the license.
12        (5) Licensees working in a position that does not
13    require educator licensure or working in a position for
14    less than 50% for any particular year are considered to be
15    exempt and shall be required to pay only the registration
16    fee in order to renew and maintain the validity of the
17    license.
18        (6) Licensees who are retired and qualify for benefits
19    from a State of Illinois retirement system shall notify
20    the State Board of Education using ELIS, and the license
21    shall be maintained in retired status. For any renewal
22    cycle in which a licensee retires during the renewal
23    cycle, the licensee must complete professional development
24    activities on a prorated basis depending on the number of
25    years during the renewal cycle the educator held an active
26    license. If a licensee retires during a renewal cycle, the

 

 

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1    licensee must notify the State Board of Education using
2    ELIS that the licensee wishes to maintain the license in
3    retired status and must show proof of completion of
4    professional development activities on a prorated basis
5    for all years of that renewal cycle for which the license
6    was active. An individual with a license in retired status
7    shall not be required to complete professional development
8    activities or pay registration fees until returning to a
9    position that requires educator licensure. Upon returning
10    to work in a position that requires the Professional
11    Educator License, the licensee shall immediately pay a
12    registration fee and complete renewal requirements for
13    that year. A license in retired status cannot lapse.
14    Beginning on January 6, 2017 (the effective date of Public
15    Act 99-920) through December 31, 2017, any licensee who
16    has retired and whose license has lapsed for failure to
17    renew as provided in this Section may reinstate that
18    license and maintain it in retired status upon providing
19    proof to the State Board of Education using ELIS that the
20    licensee is retired and is not working in a position that
21    requires a Professional Educator License.
22        (7) For any renewal cycle in which professional
23    development hours were required, but not fulfilled, the
24    licensee shall complete any missed hours to total the
25    minimum professional development hours required in this
26    Section prior to September 1 of that year. Professional

 

 

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1    development hours used to fulfill the minimum required
2    hours for a renewal cycle may be used for only one renewal
3    cycle. For any fiscal year or renewal cycle in which an
4    Illinois Administrators' Academy course was required but
5    not completed, the licensee shall complete any missed
6    Illinois Administrators' Academy courses prior to
7    September 1 of that year. The licensee may complete all
8    deficient hours and Illinois Administrators' Academy
9    courses while continuing to work in a position that
10    requires that license until September 1 of that year.
11        (8) Any licensee who has not fulfilled the
12    professional development renewal requirements set forth in
13    this Section at the end of any 5-year renewal cycle is
14    ineligible to register his or her license and may submit
15    an appeal to the State Superintendent of Education for
16    reinstatement of the license.
17        (9) If professional development opportunities were
18    unavailable to a licensee, proof that opportunities were
19    unavailable and request for an extension of time beyond
20    August 31 to complete the renewal requirements may be
21    submitted from April 1 through June 30 of that year to the
22    State Educator Preparation and Licensure Board. If an
23    extension is approved, the license shall remain valid
24    during the extension period.
25        (10) Individuals who hold exempt licenses prior to
26    December 27, 2013 (the effective date of Public Act

 

 

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1    98-610) shall commence the annual renewal process with the
2    first scheduled registration due after December 27, 2013
3    (the effective date of Public Act 98-610).
4        (11) Notwithstanding any other provision of this
5    subsection (e), if a licensee earns more than the required
6    number of professional development hours during a renewal
7    cycle, then the licensee may carry over any hours earned
8    from April 1 through June 30 of the last year of the
9    renewal cycle. Any hours carried over in this manner must
10    be applied to the next renewal cycle. Illinois
11    Administrators' Academy courses or hours earned in those
12    courses may not be carried over.
13    (f) At the time of renewal, each licensee shall respond to
14the required questions under penalty of perjury.
15    (f-5) The State Board of Education shall conduct random
16audits of licensees to verify a licensee's fulfillment of the
17professional development hours required under this Section.
18Upon completion of a random audit, if it is determined by the
19State Board of Education that the licensee did not complete
20the required number of professional development hours or did
21not provide sufficient proof of completion, the licensee shall
22be notified that his or her license has lapsed. A license that
23has lapsed under this subsection may be reinstated as provided
24in subsection (b).
25    (g) The following entities shall be designated as approved
26to provide professional development activities for the renewal

 

 

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1of Professional Educator Licenses:
2        (1) The State Board of Education.
3        (2) Regional offices of education and intermediate
4    service centers.
5        (3) Illinois professional associations representing
6    the following groups that are approved by the State
7    Superintendent of Education:
8            (A) school administrators;
9            (B) principals;
10            (C) school business officials;
11            (D) teachers, including special education
12        teachers;
13            (E) school boards;
14            (F) school districts;
15            (G) parents; and
16            (H) school service personnel.
17        (4) Regionally accredited institutions of higher
18    education that offer Illinois-approved educator
19    preparation programs and public community colleges subject
20    to the Public Community College Act.
21        (5) Illinois public school districts, charter schools
22    authorized under Article 27A of this Code, and joint
23    educational programs authorized under Article 10 of this
24    Code for the purposes of providing career and technical
25    education or special education services.
26        (6) A not-for-profit organization that, as of December

 

 

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1    31, 2014 (the effective date of Public Act 98-1147), has
2    had or has a grant from or a contract with the State Board
3    of Education to provide professional development services
4    in the area of English Learning to Illinois school
5    districts, teachers, or administrators.
6        (7) State agencies, State boards, and State
7    commissions.
8        (8) Museums as defined in Section 10 of the Museum
9    Disposition of Property Act.
10    (h) Approved providers under subsection (g) of this
11Section shall make available professional development
12opportunities that satisfy at least one of the following:
13        (1) increase the knowledge and skills of school and
14    district leaders who guide continuous professional
15    development;
16        (2) improve the learning of students;
17        (3) organize adults into learning communities whose
18    goals are aligned with those of the school and district;
19        (4) deepen educator's content knowledge;
20        (5) provide educators with research-based
21    instructional strategies to assist students in meeting
22    rigorous academic standards;
23        (6) prepare educators to appropriately use various
24    types of classroom assessments;
25        (7) use learning strategies appropriate to the
26    intended goals;

 

 

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1        (8) provide educators with the knowledge and skills to
2    collaborate;
3        (9) prepare educators to apply research to decision
4    making; or
5        (10) provide educators with training on inclusive
6    practices in the classroom that examines instructional and
7    behavioral strategies that improve academic and
8    social-emotional outcomes for all students, with or
9    without disabilities, in a general education setting; or .
10        (11) beginning on July 1, 2022, provide educators with
11    training on the physical and mental health needs of
12    students, student safety, educator ethics, professional
13    conduct, and other topics that address the well-being of
14    students and improve the academic and social-emotional
15    outcomes of students.
16    (i) Approved providers under subsection (g) of this
17Section shall do the following:
18        (1) align professional development activities to the
19    State-approved national standards for professional
20    learning;
21        (2) meet the professional development criteria for
22    Illinois licensure renewal;
23        (3) produce a rationale for the activity that explains
24    how it aligns to State standards and identify the
25    assessment for determining the expected impact on student
26    learning or school improvement;

 

 

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1        (4) maintain original documentation for completion of
2    activities;
3        (5) provide license holders with evidence of
4    completion of activities;
5        (6) request an Illinois Educator Identification Number
6    (IEIN) for each educator during each professional
7    development activity; and
8        (7) beginning on July 1, 2019, register annually with
9    the State Board of Education prior to offering any
10    professional development opportunities in the current
11    fiscal year.
12    (j) The State Board of Education shall conduct annual
13audits of a subset of approved providers, except for school
14districts, which shall be audited by regional offices of
15education and intermediate service centers. The State Board of
16Education shall ensure that each approved provider, except for
17a school district, is audited at least once every 5 years. The
18State Board of Education may conduct more frequent audits of
19providers if evidence suggests the requirements of this
20Section or administrative rules are not being met.
21        (1) (Blank).
22        (2) Approved providers shall comply with the
23    requirements in subsections (h) and (i) of this Section by
24    annually submitting data to the State Board of Education
25    demonstrating how the professional development activities
26    impacted one or more of the following:

 

 

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1            (A) educator and student growth in regards to
2        content knowledge or skills, or both;
3            (B) educator and student social and emotional
4        growth; or
5            (C) alignment to district or school improvement
6        plans.
7        (3) The State Superintendent of Education shall review
8    the annual data collected by the State Board of Education,
9    regional offices of education, and intermediate service
10    centers in audits to determine if the approved provider
11    has met the criteria and should continue to be an approved
12    provider or if further action should be taken as provided
13    in rules.
14    (k) Registration fees shall be paid for the next renewal
15cycle between April 1 and June 30 in the last year of each
165-year renewal cycle using ELIS. If all required professional
17development hours for the renewal cycle have been completed
18and entered by the licensee, the licensee shall pay the
19registration fees for the next cycle using a form of credit or
20debit card.
21    (l) Any professional educator licensee endorsed for school
22support personnel who is employed and performing services in
23Illinois public schools and who holds an active and current
24professional license issued by the Department of Financial and
25Professional Regulation or a national certification board, as
26approved by the State Board of Education, related to the

 

 

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1endorsement areas on the Professional Educator License shall
2be deemed to have satisfied the continuing professional
3development requirements provided for in this Section. Such
4individuals shall be required to pay only registration fees to
5renew the Professional Educator License. An individual who
6does not hold a license issued by the Department of Financial
7and Professional Regulation shall complete professional
8development requirements for the renewal of a Professional
9Educator License provided for in this Section.
10    (m) Appeals to the State Educator Preparation and
11Licensure Board must be made within 30 days after receipt of
12notice from the State Superintendent of Education that a
13license will not be renewed based upon failure to complete the
14requirements of this Section. A licensee may appeal that
15decision to the State Educator Preparation and Licensure Board
16in a manner prescribed by rule.
17        (1) Each appeal shall state the reasons why the State
18    Superintendent's decision should be reversed and shall be
19    sent by certified mail, return receipt requested, to the
20    State Board of Education.
21        (2) The State Educator Preparation and Licensure Board
22    shall review each appeal regarding renewal of a license
23    within 90 days after receiving the appeal in order to
24    determine whether the licensee has met the requirements of
25    this Section. The State Educator Preparation and Licensure
26    Board may hold an appeal hearing or may make its

 

 

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1    determination based upon the record of review, which shall
2    consist of the following:
3            (A) the regional superintendent of education's
4        rationale for recommending nonrenewal of the license,
5        if applicable;
6            (B) any evidence submitted to the State
7        Superintendent along with the individual's electronic
8        statement of assurance for renewal; and
9            (C) the State Superintendent's rationale for
10        nonrenewal of the license.
11        (3) The State Educator Preparation and Licensure Board
12    shall notify the licensee of its decision regarding
13    license renewal by certified mail, return receipt
14    requested, no later than 30 days after reaching a
15    decision. Upon receipt of notification of renewal, the
16    licensee, using ELIS, shall pay the applicable
17    registration fee for the next cycle using a form of credit
18    or debit card.
19    (n) The State Board of Education may adopt rules as may be
20necessary to implement this Section.
21(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
22100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
231-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
 
24    (105 ILCS 5/22-85.5 new)
25    Sec. 22-85.5. Sexual misconduct in schools.

 

 

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1    (a) This Section applies beginning on July 1, 2022.
2    (b) The General Assembly finds that:
3        (1) the success of students in school relies on safe
4    learning environments and healthy relationships with
5    school personnel;
6        (2) it is important for staff to maintain a
7    professional relationship with students at all times and
8    to define staff-student boundaries to protect students
9    from sexual misconduct by staff and staff from the
10    appearance of impropriety;
11        (3) many breaches of staff-student boundaries do not
12    rise to the level of criminal behavior but do pose a
13    potential risk to student safety;
14        (4) repeated violations of staff–student boundaries
15    can indicate the grooming of a student for sexual abuse;
16        (5) it is necessary to uphold the State Board of
17    Education's Code of Ethics for Illinois Educators and for
18    each school district, charter school, or nonpublic school
19    to have an employee code of professional conduct policy;
20        (6) each school district, charter school, or nonpublic
21    school must have the ability to discipline educators for
22    breaches of its employee code of professional conduct
23    policy;
24        (7) each school district, charter school, or nonpublic
25    school must have the ability to know if any of its
26    educators have violated professional staff–student

 

 

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1    boundaries in previous employment; and
2        (8) as bystanders, educators may have knowledge of
3    concerning behaviors that no one else is aware of, so they
4    need adequate training on sexual abuse, the employee code
5    of professional conduct policy, and federal and State
6    reporting requirements.
7    (c) In this Section, "sexual misconduct" means any act,
8including, but not limited to, any verbal, nonverbal, written,
9or electronic communication or physical activity, by an
10employee or agent of the school district, charter school, or
11nonpublic school with direct contact with a student that is
12directed toward or with a student to establish a romantic or
13sexual relationship with the student. Such an act includes,
14but is not limited to, any of the following:
15        (1) A sexual or romantic invitation.
16        (2) Dating or soliciting a date.
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
25school district, charter school, or nonpublic school shall
26develop an employee code of professional conduct policy that

 

 

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1addresses all of the following:
2        (1) Incorporates the Code of Ethics for Illinois
3    Educators.
4        (2) Incorporates the definition of "sexual misconduct"
5    in this Section.
6        (3) Identifies the expectations for employees and
7    agents of the school district, charter school, or
8    nonpublic school regarding how to maintain a professional
9    relationship with students, including the expectations for
10    staff-student boundaries, recognizing the age and
11    developmental level of the students served, and
12    establishes guidelines for all of the following
13    situations:
14            (A) Transporting a student.
15            (B) Taking or possessing a photo or a video of a
16        student.
17            (C) Meeting with a student or contacting a student
18        outside of the employee's or agent's professional
19        role.
20        (4) References the employee reporting requirements
21    required under the Abused and Neglected Child Reporting
22    Act and under Title IX of the federal Education Amendments
23    of 1972.
24        (5) References required employee training that is
25    related to child abuse and educator ethics that are
26    applicable under State and federal law.

 

 

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1    (e) The employee code of professional conduct policy must
2be posted on the website, if any, of each school district,
3charter school, or nonpublic school and must be included in
4any staff, student, or parent handbook provided by the school
5district, charter school, or nonpublic, nonsectarian
6elementary or secondary school.
7    (f) A violation of the employee code of professional
8conduct policy may subject an employee to disciplinary action
9up to and including dismissal from employment. Failure to
10report a violation of the employee code of professional
11conduct policy may subject an employee to disciplinary action
12up to and including dismissal from employment.
 
13    (105 ILCS 5/27A-5)
14    Sec. 27A-5. Charter school; legal entity; requirements.
15    (a) A charter school shall be a public, nonsectarian,
16nonreligious, non-home based, and non-profit school. A charter
17school shall be organized and operated as a nonprofit
18corporation or other discrete, legal, nonprofit entity
19authorized under the laws of the State of Illinois.
20    (b) A charter school may be established under this Article
21by creating a new school or by converting an existing public
22school or attendance center to charter school status.
23Beginning on April 16, 2003 (the effective date of Public Act
2493-3), in all new applications to establish a charter school
25in a city having a population exceeding 500,000, operation of

 

 

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1the charter school shall be limited to one campus. The changes
2made to this Section by Public Act 93-3 do not apply to charter
3schools existing or approved on or before April 16, 2003 (the
4effective date of Public Act 93-3).
5    (b-5) In this subsection (b-5), "virtual-schooling" means
6a cyber school where students engage in online curriculum and
7instruction via the Internet and electronic communication with
8their teachers at remote locations and with students
9participating at different times.
10    From April 1, 2013 through December 31, 2016, there is a
11moratorium on the establishment of charter schools with
12virtual-schooling components in school districts other than a
13school district organized under Article 34 of this Code. This
14moratorium does not apply to a charter school with
15virtual-schooling components existing or approved prior to
16April 1, 2013 or to the renewal of the charter of a charter
17school with virtual-schooling components already approved
18prior to April 1, 2013.
19    (c) A charter school shall be administered and governed by
20its board of directors or other governing body in the manner
21provided in its charter. The governing body of a charter
22school shall be subject to the Freedom of Information Act and
23the Open Meetings Act. No later than January 1, 2021 (one year
24after the effective date of Public Act 101-291), a charter
25school's board of directors or other governing body must
26include at least one parent or guardian of a pupil currently

 

 

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1enrolled in the charter school who may be selected through the
2charter school or a charter network election, appointment by
3the charter school's board of directors or other governing
4body, or by the charter school's Parent Teacher Organization
5or its equivalent.
6    (c-5) No later than January 1, 2021 (one year after the
7effective date of Public Act 101-291) or within the first year
8of his or her first term, every voting member of a charter
9school's board of directors or other governing body shall
10complete a minimum of 4 hours of professional development
11leadership training to ensure that each member has sufficient
12familiarity with the board's or governing body's role and
13responsibilities, including financial oversight and
14accountability of the school, evaluating the principal's and
15school's performance, adherence to the Freedom of Information
16Act and the Open Meetings Act, and compliance with education
17and labor law. In each subsequent year of his or her term, a
18voting member of a charter school's board of directors or
19other governing body shall complete a minimum of 2 hours of
20professional development training in these same areas. The
21training under this subsection may be provided or certified by
22a statewide charter school membership association or may be
23provided or certified by other qualified providers approved by
24the State Board of Education.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

10200HB1975sam002- 24 -LRB102 16364 CMG 28904 a

1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and
5school personnel. "Non-curricular health and safety
6requirement" does not include any course of study or
7specialized instructional requirement for which the State
8Board has established goals and learning standards or which is
9designed primarily to impart knowledge and skills for students
10to master and apply as an outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall
17be updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an
19authorizer may require quarterly financial statements from
20each charter school.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act,
23all federal and State laws and rules applicable to public
24schools that pertain to special education and the instruction
25of English learners, and its charter. A charter school is
26exempt from all other State laws and regulations in this Code

 

 

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1governing public schools and local school board policies;
2however, a charter school is not exempt from the following:
3        (1) Sections 10-21.9 and 34-18.5 of this Code
4    regarding criminal history records checks and checks of
5    the Statewide Sex Offender Database and Statewide Murderer
6    and Violent Offender Against Youth Database of applicants
7    for employment;
8        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
9    34-84a of this Code regarding discipline of students;
10        (3) the Local Governmental and Governmental Employees
11    Tort Immunity Act;
12        (4) Section 108.75 of the General Not For Profit
13    Corporation Act of 1986 regarding indemnification of
14    officers, directors, employees, and agents;
15        (5) the Abused and Neglected Child Reporting Act;
16        (5.5) subsection (b) of Section 10-23.12 and
17    subsection (b) of Section 34-18.6 of this Code;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school
20    report cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22        (9) Section 27-23.7 of this Code regarding bullying
23    prevention;
24        (10) Section 2-3.162 of this Code regarding student
25    discipline reporting;
26        (11) Sections 22-80 and 27-8.1 of this Code;

 

 

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1        (12) Sections 10-20.60 and 34-18.53 of this Code;
2        (13) Sections 10-20.63 and 34-18.56 of this Code;
3        (14) Section 26-18 of this Code;
4        (15) Section 22-30 of this Code;
5        (16) Sections 24-12 and 34-85 of this Code;
6        (17) the Seizure Smart School Act; and
7        (18) Section 2-3.64a-10 of this Code; .
8        (19) Section 2-3.188 of this Code; and
9        (20) Section 22-85.5 of this Code.
10    The change made by Public Act 96-104 to this subsection
11(g) is declaratory of existing law.
12    (h) A charter school may negotiate and contract with a
13school district, the governing body of a State college or
14university or public community college, or any other public or
15for-profit or nonprofit private entity for: (i) the use of a
16school building and grounds or any other real property or
17facilities that the charter school desires to use or convert
18for use as a charter school site, (ii) the operation and
19maintenance thereof, and (iii) the provision of any service,
20activity, or undertaking that the charter school is required
21to perform in order to carry out the terms of its charter.
22However, a charter school that is established on or after
23April 16, 2003 (the effective date of Public Act 93-3) and that
24operates in a city having a population exceeding 500,000 may
25not contract with a for-profit entity to manage or operate the
26school during the period that commences on April 16, 2003 (the

 

 

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1effective date of Public Act 93-3) and concludes at the end of
2the 2004-2005 school year. Except as provided in subsection
3(i) of this Section, a school district may charge a charter
4school reasonable rent for the use of the district's
5buildings, grounds, and facilities. Any services for which a
6charter school contracts with a school district shall be
7provided by the district at cost. Any services for which a
8charter school contracts with a local school board or with the
9governing body of a State college or university or public
10community college shall be provided by the public entity at
11cost.
12    (i) In no event shall a charter school that is established
13by converting an existing school or attendance center to
14charter school status be required to pay rent for space that is
15deemed available, as negotiated and provided in the charter
16agreement, in school district facilities. However, all other
17costs for the operation and maintenance of school district
18facilities that are used by the charter school shall be
19subject to negotiation between the charter school and the
20local school board and shall be set forth in the charter.
21    (j) A charter school may limit student enrollment by age
22or grade level.
23    (k) If the charter school is approved by the State Board or
24Commission, then the charter school is its own local education
25agency.
26(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;

 

 

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1100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
26-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
3eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
4101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
53-8-21.)
 
6    Section 10. The Abused and Neglected Child Reporting Act
7is amended by changing Section 3 as follows:
 
8    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
9    Sec. 3. As used in this Act unless the context otherwise
10requires:
11    "Adult resident" means any person between 18 and 22 years
12of age who resides in any facility licensed by the Department
13under the Child Care Act of 1969. For purposes of this Act, the
14criteria set forth in the definitions of "abused child" and
15"neglected child" shall be used in determining whether an
16adult resident is abused or neglected.
17    "Agency" means a child care facility licensed under
18Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
19includes a transitional living program that accepts children
20and adult residents for placement who are in the guardianship
21of the Department.
22    "Blatant disregard" means an incident where the real,
23significant, and imminent risk of harm would be so obvious to a
24reasonable parent or caretaker that it is unlikely that a

 

 

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1reasonable parent or caretaker would have exposed the child to
2the danger without exercising precautionary measures to
3protect the child from harm. With respect to a person working
4at an agency in his or her professional capacity with a child
5or adult resident, "blatant disregard" includes a failure by
6the person to perform job responsibilities intended to protect
7the child's or adult resident's health, physical well-being,
8or welfare, and, when viewed in light of the surrounding
9circumstances, evidence exists that would cause a reasonable
10person to believe that the child was neglected. With respect
11to an agency, "blatant disregard" includes a failure to
12implement practices that ensure the health, physical
13well-being, or welfare of the children and adult residents
14residing in the facility.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
19Services.
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois
23Department of State Police.
24    "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the

 

 

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1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon such child physical injury, by other than
4    accidental means, which causes death, disfigurement,
5    impairment of physical or emotional health, or loss or
6    impairment of any bodily function;
7        (b) creates a substantial risk of physical injury to
8    such child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against such child, as such sex offenses are defined in
14    the Criminal Code of 2012 or in the Wrongs to Children Act,
15    and extending those definitions of sex offenses to include
16    children under 18 years of age;
17        (d) commits or allows to be committed an act or acts of
18    torture upon such child;
19        (e) inflicts excessive corporal punishment or, in the
20    case of a person working for an agency who is prohibited
21    from using corporal punishment, inflicts corporal
22    punishment upon a child or adult resident with whom the
23    person is working in his or her professional capacity;
24        (f) commits or allows to be committed the offense of
25    female genital mutilation, as defined in Section 12-34 of
26    the Criminal Code of 2012, against the child;

 

 

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1        (g) causes to be sold, transferred, distributed, or
2    given to such child under 18 years of age, a controlled
3    substance as defined in Section 102 of the Illinois
4    Controlled Substances Act in violation of Article IV of
5    the Illinois Controlled Substances Act or in violation of
6    the Methamphetamine Control and Community Protection Act,
7    except for controlled substances that are prescribed in
8    accordance with Article III of the Illinois Controlled
9    Substances Act and are dispensed to such child in a manner
10    that substantially complies with the prescription; or
11        (h) commits or allows to be committed the offense of
12    involuntary servitude, involuntary sexual servitude of a
13    minor, or trafficking in persons as defined in Section
14    10-9 of the Criminal Code of 2012 against the child; or .
15        (i) commits the offense of grooming, as defined in
16    Section 11-25 of the Criminal Code of 2012, against the
17    child.
18    A child shall not be considered abused for the sole reason
19that the child has been relinquished in accordance with the
20Abandoned Newborn Infant Protection Act.
21    "Neglected child" means any child who is not receiving the
22proper or necessary nourishment or medically indicated
23treatment including food or care not provided solely on the
24basis of the present or anticipated mental or physical
25impairment as determined by a physician acting alone or in
26consultation with other physicians or otherwise is not

 

 

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1receiving the proper or necessary support or medical or other
2remedial care recognized under State law as necessary for a
3child's well-being, or other care necessary for his or her
4well-being, including adequate food, clothing and shelter; or
5who is subjected to an environment which is injurious insofar
6as (i) the child's environment creates a likelihood of harm to
7the child's health, physical well-being, or welfare and (ii)
8the likely harm to the child is the result of a blatant
9disregard of parent, caretaker, or agency responsibilities; or
10who is abandoned by his or her parents or other person
11responsible for the child's welfare without a proper plan of
12care; or who has been provided with interim crisis
13intervention services under Section 3-5 of the Juvenile Court
14Act of 1987 and whose parent, guardian, or custodian refuses
15to permit the child to return home and no other living
16arrangement agreeable to the parent, guardian, or custodian
17can be made, and the parent, guardian, or custodian has not
18made any other appropriate living arrangement for the child;
19or who is a newborn infant whose blood, urine, or meconium
20contains any amount of a controlled substance as defined in
21subsection (f) of Section 102 of the Illinois Controlled
22Substances Act or a metabolite thereof, with the exception of
23a controlled substance or metabolite thereof whose presence in
24the newborn infant is the result of medical treatment
25administered to the mother or the newborn infant. A child
26shall not be considered neglected for the sole reason that the

 

 

10200HB1975sam002- 34 -LRB102 16364 CMG 28904 a

1child's parent or other person responsible for his or her
2welfare has left the child in the care of an adult relative for
3any period of time. A child shall not be considered neglected
4for the sole reason that the child has been relinquished in
5accordance with the Abandoned Newborn Infant Protection Act. A
6child shall not be considered neglected or abused for the sole
7reason that such child's parent or other person responsible
8for his or her welfare depends upon spiritual means through
9prayer alone for the treatment or cure of disease or remedial
10care as provided under Section 4 of this Act. A child shall not
11be considered neglected or abused solely because the child is
12not attending school in accordance with the requirements of
13Article 26 of The School Code, as amended.
14    "Child Protective Service Unit" means certain specialized
15State employees of the Department assigned by the Director to
16perform the duties and responsibilities as provided under
17Section 7.2 of this Act.
18    "Near fatality" means an act that, as certified by a
19physician, places the child in serious or critical condition,
20including acts of great bodily harm inflicted upon children
21under 13 years of age, and as otherwise defined by Department
22rule.
23    "Great bodily harm" includes bodily injury which creates a
24high probability of death, or which causes serious permanent
25disfigurement, or which causes a permanent or protracted loss
26or impairment of the function of any bodily member or organ, or

 

 

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1other serious bodily harm.
2    "Person responsible for the child's welfare" means the
3child's parent; guardian; foster parent; relative caregiver;
4any person responsible for the child's welfare in a public or
5private residential agency or institution; any person
6responsible for the child's welfare within a public or private
7profit or not for profit child care facility; or any other
8person responsible for the child's welfare at the time of the
9alleged abuse or neglect, including any person that is the
10custodian of a child under 18 years of age who commits or
11allows to be committed, against the child, the offense of
12involuntary servitude, involuntary sexual servitude of a
13minor, or trafficking in persons for forced labor or services,
14as provided in Section 10-9 of the Criminal Code of 2012, or
15any person who came to know the child through an official
16capacity or position of trust, including but not limited to
17health care professionals, educational personnel, recreational
18supervisors, members of the clergy, and volunteers or support
19personnel in any setting where children may be subject to
20abuse or neglect.
21    "Temporary protective custody" means custody within a
22hospital or other medical facility or a place previously
23designated for such custody by the Department, subject to
24review by the Court, including a licensed foster home, group
25home, or other institution; but such place shall not be a jail
26or other place for the detention of criminal or juvenile

 

 

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1offenders.
2    "An unfounded report" means any report made under this Act
3for which it is determined after an investigation that no
4credible evidence of abuse or neglect exists.
5    "An indicated report" means a report made under this Act
6if an investigation determines that credible evidence of the
7alleged abuse or neglect exists.
8    "An undetermined report" means any report made under this
9Act in which it was not possible to initiate or complete an
10investigation on the basis of information provided to the
11Department.
12    "Subject of report" means any child reported to the
13central register of child abuse and neglect established under
14Section 7.7 of this Act as an alleged victim of child abuse or
15neglect and the parent or guardian of the alleged victim or
16other person responsible for the alleged victim's welfare who
17is named in the report or added to the report as an alleged
18perpetrator of child abuse or neglect.
19    "Perpetrator" means a person who, as a result of
20investigation, has been determined by the Department to have
21caused child abuse or neglect.
22    "Member of the clergy" means a clergyman or practitioner
23of any religious denomination accredited by the religious body
24to which he or she belongs.
25(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 

 

 

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1    Section 15. The Criminal Code of 2012 is amended by
2changing Section 11-25 as follows:
 
3    (720 ILCS 5/11-25)
4    Sec. 11-25. Grooming.
5    (a) A person commits grooming when he or she knowingly
6uses a computer on-line service, Internet service, local
7bulletin board service, or any other device capable of
8electronic data storage or transmission, performs an act in
9person or by conduct through a third party, or uses written
10communication to seduce, solicit, lure, or entice, or attempt
11to seduce, solicit, lure, or entice, a child, a child's
12guardian, or another person believed by the person to be a
13child or a child's guardian, to commit any sex offense as
14defined in Section 2 of the Sex Offender Registration Act, to
15distribute photographs depicting the sex organs of the child,
16or to otherwise engage in any unlawful sexual conduct with a
17child or with another person believed by the person to be a
18child. As used in this Section, "child" means a person under 17
19years of age.
20    (b) Sentence. Grooming is a Class 4 felony.
21(Source: P.A. 100-428, eff. 1-1-18.)
 
22    Section 99. Effective date. This Section and Sections 5
23and 10 take effect upon becoming law.".