Rep. Michelle Mussman
Filed: 4/19/2021
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1 | AMENDMENT TO HOUSE BILL 1975
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2 | AMENDMENT NO. ______. Amend House Bill 1975 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. This Act may be referred to as Faith's Law. | ||||||
5 | Section 5. The School Code is amended by adding Sections | ||||||
6 | 2-3.182 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 |
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1 | resources available in their community. The resource guide | ||||||
2 | shall, 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 | ||||||
17 | district, charter school, or nonpublic, nonsectarian | ||||||
18 | elementary or secondary school shall notify the parents or | ||||||
19 | guardians of enrolled students of the availability of the | ||||||
20 | resource guide. Each school district, charter school, or | ||||||
21 | nonpublic, nonsectarian elementary or secondary school shall | ||||||
22 | furnish the resource guide to a student's parent or guardian | ||||||
23 | at the request of the parent or guardian and may also make the | ||||||
24 | resource guide available on its Internet website. | ||||||
25 | (c) The State Board of Education shall periodically review | ||||||
26 | the information contained in the resource guide and update the |
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1 | information as necessary. | ||||||
2 | (105 ILCS 5/21B-45) | ||||||
3 | Sec. 21B-45. Professional Educator License renewal. | ||||||
4 | (a) Individuals holding a Professional Educator License | ||||||
5 | are required to complete the licensure renewal requirements as | ||||||
6 | specified in this Section, unless otherwise provided in this | ||||||
7 | Code. | ||||||
8 | Individuals holding a Professional Educator License shall | ||||||
9 | meet the renewal requirements set forth in this Section, | ||||||
10 | unless otherwise provided in this Code. If an individual holds | ||||||
11 | a license endorsed in more than one area that has different | ||||||
12 | renewal requirements, that individual shall follow the renewal | ||||||
13 | requirements for the position for which he or she spends the | ||||||
14 | majority of his or her time working. | ||||||
15 | (b) All Professional Educator Licenses not renewed as | ||||||
16 | provided in this Section shall lapse on September 1 of that | ||||||
17 | year. Notwithstanding any other provisions of this Section, if | ||||||
18 | a license holder's electronic mail address is available, the | ||||||
19 | State Board of Education shall send him or her notification | ||||||
20 | electronically that his or her license will lapse if not | ||||||
21 | renewed, to be sent no more than 6 months prior to the license | ||||||
22 | lapsing. Lapsed licenses may be immediately reinstated upon | ||||||
23 | (i) payment by the applicant of a $500 penalty to the State | ||||||
24 | Board of Education or (ii) the demonstration of proficiency by | ||||||
25 | completing 9 semester hours of coursework from a regionally |
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1 | accredited institution of higher education in the content area | ||||||
2 | that most aligns with one or more of the educator's | ||||||
3 | endorsement areas. Any and all back fees, including without | ||||||
4 | limitation registration fees owed from the time of expiration | ||||||
5 | of the license until the date of reinstatement, shall be paid | ||||||
6 | and kept in accordance with the provisions in Article 3 of this | ||||||
7 | Code concerning an institute fund and the provisions in | ||||||
8 | Article 21B of this Code concerning fees and requirements for | ||||||
9 | registration. Licenses not registered in accordance with | ||||||
10 | Section 21B-40 of this Code shall lapse after a period of 6 | ||||||
11 | months from the expiration of the last year of registration or | ||||||
12 | on January 1 of the fiscal year following initial issuance of | ||||||
13 | the license. An unregistered license is invalid after | ||||||
14 | September 1 for employment and performance of services in an | ||||||
15 | Illinois public or State-operated school or cooperative and in | ||||||
16 | a charter school. Any license or endorsement may be | ||||||
17 | voluntarily surrendered by the license holder. A voluntarily | ||||||
18 | surrendered license shall be treated as a revoked license. An | ||||||
19 | Educator License with Stipulations with only a | ||||||
20 | paraprofessional endorsement does not lapse.
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21 | (c) From July 1, 2013 through June 30, 2014, in order to | ||||||
22 | satisfy the requirements for licensure renewal provided for in | ||||||
23 | this Section, each professional educator licensee with an | ||||||
24 | administrative endorsement who is working in a position | ||||||
25 | requiring such endorsement shall complete one Illinois | ||||||
26 | Administrators' Academy course, as described in Article 2 of |
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1 | this Code, per fiscal year. | ||||||
2 | (c-5) All licenses issued by the State Board of Education | ||||||
3 | under this Article that expire on June 30, 2020 and have not | ||||||
4 | been renewed by the end of the 2020 renewal period shall be | ||||||
5 | extended for one year and shall expire on June 30, 2021. | ||||||
6 | (d) Beginning July 1, 2014, in order to satisfy the | ||||||
7 | requirements for licensure renewal provided for in this | ||||||
8 | Section, each professional educator licensee may create a | ||||||
9 | professional development plan each year. The plan shall | ||||||
10 | address one or more of the endorsements that are required of | ||||||
11 | his or her educator position if the licensee is employed and | ||||||
12 | performing services in an Illinois public or State-operated | ||||||
13 | school or cooperative. If the licensee is employed in a | ||||||
14 | charter school, the plan shall address that endorsement or | ||||||
15 | those endorsements most closely related to his or her educator | ||||||
16 | position. Licensees employed and performing services in any | ||||||
17 | other Illinois schools may participate in the renewal | ||||||
18 | requirements by adhering to the same process. | ||||||
19 | Except as otherwise provided in this Section, the | ||||||
20 | licensee's professional development activities shall align | ||||||
21 | with one or more of the following criteria: | ||||||
22 | (1) activities are of a type that engage participants | ||||||
23 | over a sustained period of time allowing for analysis, | ||||||
24 | discovery, and application as they relate to student | ||||||
25 | learning, social or emotional achievement, or well-being; | ||||||
26 | (2) professional development aligns to the licensee's |
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1 | performance; | ||||||
2 | (3) outcomes for the activities must relate to student | ||||||
3 | growth or district improvement; | ||||||
4 | (4) activities align to State-approved standards;
and | ||||||
5 | (5) higher education coursework. | ||||||
6 | (e) For each renewal cycle, each professional educator | ||||||
7 | licensee shall engage in professional development activities. | ||||||
8 | Prior to renewal, the licensee shall enter electronically into | ||||||
9 | the Educator Licensure Information System (ELIS) the name, | ||||||
10 | date, and location of the activity, the number of professional | ||||||
11 | development hours, and the provider's name. The following | ||||||
12 | provisions shall apply concerning professional development | ||||||
13 | activities: | ||||||
14 | (1) Each licensee shall complete a total of 120 hours | ||||||
15 | of professional development per 5-year renewal cycle in | ||||||
16 | order to renew the license, except as otherwise provided | ||||||
17 | in this Section. | ||||||
18 | (2) Beginning with his or her first full 5-year cycle, | ||||||
19 | any licensee with an administrative endorsement who is not | ||||||
20 | working in a position requiring such endorsement is not | ||||||
21 | required to complete Illinois Administrators' Academy | ||||||
22 | courses, as described in Article 2 of this Code. Such | ||||||
23 | licensees must complete one Illinois Administrators' | ||||||
24 | Academy course within one year after returning to a | ||||||
25 | position that requires the administrative endorsement. | ||||||
26 | (3) Any licensee with an administrative endorsement |
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1 | who is working in a position requiring such endorsement or | ||||||
2 | an individual with a Teacher Leader endorsement serving in | ||||||
3 | an administrative capacity at least 50% of the day shall | ||||||
4 | complete one Illinois Administrators' Academy course, as | ||||||
5 | described in Article 2 of this Code, each fiscal year in | ||||||
6 | addition to 100 hours of professional development per | ||||||
7 | 5-year renewal cycle in accordance with this Code. | ||||||
8 | (4) Any licensee holding a current National Board for | ||||||
9 | Professional Teaching Standards (NBPTS) master teacher | ||||||
10 | designation shall complete a total of 60 hours of | ||||||
11 | professional development per 5-year renewal cycle in order | ||||||
12 | to renew the license. | ||||||
13 | (5) Licensees working in a position that does not | ||||||
14 | require educator licensure or working in a position for | ||||||
15 | less than 50% for any particular year are considered to be | ||||||
16 | exempt and shall be required to pay only the registration | ||||||
17 | fee in order to renew and maintain the validity of the | ||||||
18 | license. | ||||||
19 | (6) Licensees who are retired and qualify for benefits | ||||||
20 | from a State of Illinois retirement system shall notify | ||||||
21 | the State Board of Education using ELIS, and the license | ||||||
22 | shall be maintained in retired status. For any renewal | ||||||
23 | cycle in which a licensee retires during the renewal | ||||||
24 | cycle, the licensee must complete professional development | ||||||
25 | activities on a prorated basis depending on the number of | ||||||
26 | years during the renewal cycle the educator held an active |
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1 | license. If a licensee retires during a renewal cycle, the | ||||||
2 | licensee must notify the State Board of Education using | ||||||
3 | ELIS that the licensee wishes to maintain the license in | ||||||
4 | retired status and must show proof of completion of | ||||||
5 | professional development activities on a prorated basis | ||||||
6 | for all years of that renewal cycle for which the license | ||||||
7 | was active. An individual with a license in retired status | ||||||
8 | shall not be required to complete professional development | ||||||
9 | activities or pay registration fees until returning to a | ||||||
10 | position that requires educator licensure. Upon returning | ||||||
11 | to work in a position that requires the Professional | ||||||
12 | Educator License, the licensee shall immediately pay a | ||||||
13 | registration fee and complete renewal requirements for | ||||||
14 | that year. A license in retired status cannot lapse. | ||||||
15 | Beginning on January 6, 2017 (the effective date of Public | ||||||
16 | Act 99-920) through December 31, 2017, any licensee who | ||||||
17 | has retired and whose license has lapsed for failure to | ||||||
18 | renew as provided in this Section may reinstate that | ||||||
19 | license and maintain it in retired status upon providing | ||||||
20 | proof to the State Board of Education using ELIS that the | ||||||
21 | licensee is retired and is not working in a position that | ||||||
22 | requires a Professional Educator License. | ||||||
23 | (7) For any renewal cycle in which professional | ||||||
24 | development hours were required, but not fulfilled, the | ||||||
25 | licensee shall complete any missed hours to total the | ||||||
26 | minimum professional development hours required in this |
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1 | Section prior to September 1 of that year. Professional | ||||||
2 | development hours used to fulfill the minimum required | ||||||
3 | hours for a renewal cycle may be used for only one renewal | ||||||
4 | cycle. For any fiscal year or renewal cycle in which an | ||||||
5 | Illinois Administrators' Academy course was required but | ||||||
6 | not completed, the licensee shall complete any missed | ||||||
7 | Illinois Administrators' Academy courses prior to | ||||||
8 | September 1 of that year. The licensee may complete all | ||||||
9 | deficient hours and Illinois Administrators' Academy | ||||||
10 | courses while continuing to work in a position that | ||||||
11 | requires that license until September 1 of that year. | ||||||
12 | (8) Any licensee who has not fulfilled the | ||||||
13 | professional development renewal requirements set forth in | ||||||
14 | this Section at the end of any 5-year renewal cycle is | ||||||
15 | ineligible to register his or her license and may submit | ||||||
16 | an appeal to the State Superintendent of Education for | ||||||
17 | reinstatement of the license. | ||||||
18 | (9) If professional development opportunities were | ||||||
19 | unavailable to a licensee, proof that opportunities were | ||||||
20 | unavailable and request for an extension of time beyond | ||||||
21 | August 31 to complete the renewal requirements may be | ||||||
22 | submitted from April 1 through June 30 of that year to the | ||||||
23 | State Educator Preparation and Licensure Board. If an | ||||||
24 | extension is approved, the license shall remain valid | ||||||
25 | during the extension period. | ||||||
26 | (10) Individuals who hold exempt licenses prior to |
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1 | December 27, 2013 (the effective date of Public Act | ||||||
2 | 98-610) shall commence the annual renewal process with the | ||||||
3 | first scheduled registration due after December 27, 2013 | ||||||
4 | (the effective date of Public Act 98-610). | ||||||
5 | (11) Notwithstanding any other provision of this | ||||||
6 | subsection (e), if a licensee earns more than the required | ||||||
7 | number of professional development hours during a renewal | ||||||
8 | cycle, then the licensee may carry over any hours earned | ||||||
9 | from April 1 through June 30 of the last year of the | ||||||
10 | renewal cycle. Any hours carried over in this manner must | ||||||
11 | be applied to the next renewal cycle. Illinois | ||||||
12 | Administrators' Academy courses or hours earned in those | ||||||
13 | courses may not be carried over. | ||||||
14 | (f) At the time of renewal, each licensee shall respond to | ||||||
15 | the required questions under penalty of perjury. | ||||||
16 | (f-5) The State Board of Education shall conduct random | ||||||
17 | audits of licensees to verify a licensee's fulfillment of the | ||||||
18 | professional development hours required under this Section. | ||||||
19 | Upon completion of a random audit, if it is determined by the | ||||||
20 | State Board of Education that the licensee did not complete | ||||||
21 | the required number of professional development hours or did | ||||||
22 | not provide sufficient proof of completion, the licensee shall | ||||||
23 | be notified that his or her license has lapsed. A license that | ||||||
24 | has lapsed under this subsection may be reinstated as provided | ||||||
25 | in subsection (b). | ||||||
26 | (g) The following entities shall be designated as approved |
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1 | to provide professional development activities for the renewal | ||||||
2 | of Professional Educator Licenses: | ||||||
3 | (1) The State Board of Education. | ||||||
4 | (2) Regional offices of education and intermediate | ||||||
5 | service centers. | ||||||
6 | (3) Illinois professional associations representing | ||||||
7 | the following groups that are approved by the State | ||||||
8 | Superintendent of Education: | ||||||
9 | (A) school administrators; | ||||||
10 | (B) principals; | ||||||
11 | (C) school business officials; | ||||||
12 | (D) teachers, including special education | ||||||
13 | teachers; | ||||||
14 | (E) school boards; | ||||||
15 | (F) school districts; | ||||||
16 | (G) parents; and | ||||||
17 | (H) school service personnel. | ||||||
18 | (4) Regionally accredited institutions of higher | ||||||
19 | education that offer Illinois-approved educator | ||||||
20 | preparation programs and public community colleges subject | ||||||
21 | to the Public Community College Act. | ||||||
22 | (5) Illinois public school districts, charter schools | ||||||
23 | authorized under Article 27A of this Code, and joint | ||||||
24 | educational programs authorized under Article 10 of this | ||||||
25 | Code for the purposes of providing career and technical | ||||||
26 | education or special education services. |
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1 | (6) A not-for-profit organization that, as of December | ||||||
2 | 31, 2014 (the effective date of Public Act 98-1147), has | ||||||
3 | had or has a grant from or a contract with the State Board | ||||||
4 | of Education to provide professional development services | ||||||
5 | in the area of English Learning to Illinois school | ||||||
6 | districts, teachers, or administrators. | ||||||
7 | (7) State agencies, State boards, and State | ||||||
8 | commissions. | ||||||
9 | (8) Museums as defined in Section 10 of the Museum | ||||||
10 | Disposition of Property Act. | ||||||
11 | (h) Approved providers under subsection (g) of this | ||||||
12 | Section shall make available professional development | ||||||
13 | opportunities that satisfy at least one of the following: | ||||||
14 | (1) increase the knowledge and skills of school and | ||||||
15 | district leaders who guide continuous professional | ||||||
16 | development; | ||||||
17 | (2) improve the learning of students; | ||||||
18 | (3) organize adults into learning communities whose | ||||||
19 | goals are aligned with those of the school and district; | ||||||
20 | (4) deepen educator's content knowledge; | ||||||
21 | (5) provide educators with research-based | ||||||
22 | instructional strategies to assist students in meeting | ||||||
23 | rigorous academic standards; | ||||||
24 | (6) prepare educators to appropriately use various | ||||||
25 | types of classroom assessments; | ||||||
26 | (7) use learning strategies appropriate to the |
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1 | intended goals; | ||||||
2 | (8) provide educators with the knowledge and skills to | ||||||
3 | collaborate; | ||||||
4 | (9) prepare educators to apply research to decision | ||||||
5 | making; or | ||||||
6 | (10) provide educators with training on inclusive | ||||||
7 | practices in the classroom that examines instructional and | ||||||
8 | behavioral strategies that improve academic and | ||||||
9 | social-emotional outcomes for all students, with or | ||||||
10 | without disabilities, in a general education setting ; or . | ||||||
11 | (11) beginning on July 1, 2022, provide educators with | ||||||
12 | training on the physical
and mental health needs of | ||||||
13 | students, student safety, educator ethics, professional | ||||||
14 | conduct, and
other topics that address the well-being of | ||||||
15 | students and improve the academic and social-emotional
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16 | outcomes of students. | ||||||
17 | (i) Approved providers under subsection (g) of this | ||||||
18 | Section shall do the following: | ||||||
19 | (1) align professional development activities to the | ||||||
20 | State-approved national standards for professional | ||||||
21 | learning; | ||||||
22 | (2) meet the professional development criteria for | ||||||
23 | Illinois licensure renewal; | ||||||
24 | (3) produce a rationale for the activity that explains | ||||||
25 | how it aligns to State standards and identify the | ||||||
26 | assessment for determining the expected impact on student |
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1 | learning or school improvement; | ||||||
2 | (4) maintain original documentation for completion of | ||||||
3 | activities; | ||||||
4 | (5) provide license holders with evidence of | ||||||
5 | completion of activities; | ||||||
6 | (6) request an Illinois Educator Identification Number | ||||||
7 | (IEIN) for each educator during each professional | ||||||
8 | development activity; and | ||||||
9 | (7) beginning on July 1, 2019, register annually with | ||||||
10 | the State Board of Education prior to offering any | ||||||
11 | professional development opportunities in the current | ||||||
12 | fiscal year. | ||||||
13 | (j) The State Board of Education shall conduct annual | ||||||
14 | audits of a subset of approved providers, except for school | ||||||
15 | districts, which shall be audited by regional offices of | ||||||
16 | education and intermediate service centers. The State Board of | ||||||
17 | Education shall ensure that each approved provider, except for | ||||||
18 | a school district, is audited at least once every 5 years. The | ||||||
19 | State Board of Education may conduct more frequent audits of | ||||||
20 | providers if evidence suggests the requirements of this | ||||||
21 | Section or administrative rules are not being met. | ||||||
22 | (1) (Blank). | ||||||
23 | (2) Approved providers shall comply with the | ||||||
24 | requirements in subsections (h) and (i) of this Section by | ||||||
25 | annually submitting data to the State Board of Education | ||||||
26 | demonstrating how the professional development activities |
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1 | impacted one or more of the following: | ||||||
2 | (A) educator and student growth in regards to | ||||||
3 | content knowledge or skills, or both; | ||||||
4 | (B) educator and student social and emotional | ||||||
5 | growth; or | ||||||
6 | (C) alignment to district or school improvement | ||||||
7 | plans. | ||||||
8 | (3) The State Superintendent of Education shall review | ||||||
9 | the annual data collected by the State Board of Education, | ||||||
10 | regional offices of education, and intermediate service | ||||||
11 | centers in audits to determine if the approved provider | ||||||
12 | has met the criteria and should continue to be an approved | ||||||
13 | provider or if further action should be taken as provided | ||||||
14 | in rules. | ||||||
15 | (k) Registration fees shall be paid for the next renewal | ||||||
16 | cycle between April 1 and June 30 in the last year of each | ||||||
17 | 5-year renewal cycle using ELIS. If all required professional | ||||||
18 | development hours for the renewal cycle have been completed | ||||||
19 | and entered by the licensee, the licensee shall pay the | ||||||
20 | registration fees for the next cycle using a form of credit or | ||||||
21 | debit card. | ||||||
22 | (l) Any professional educator licensee endorsed for school | ||||||
23 | support personnel who is employed and performing services in | ||||||
24 | Illinois public schools and who holds an active and current | ||||||
25 | professional license issued by the Department of Financial and | ||||||
26 | Professional Regulation or a national certification board, as |
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1 | approved by the State Board of Education, related to the | ||||||
2 | endorsement areas on the Professional Educator License shall | ||||||
3 | be deemed to have satisfied the continuing professional | ||||||
4 | development requirements provided for in this Section. Such | ||||||
5 | individuals shall be required to pay only registration fees to | ||||||
6 | renew the Professional Educator License. An individual who | ||||||
7 | does not hold a license issued by the Department of Financial | ||||||
8 | and Professional Regulation shall complete professional | ||||||
9 | development requirements for the renewal of a Professional | ||||||
10 | Educator License provided for in this Section. | ||||||
11 | (m) Appeals to the State Educator Preparation and | ||||||
12 | Licensure Board
must be made within 30 days after receipt of | ||||||
13 | notice from the State Superintendent of Education that a | ||||||
14 | license will not be renewed based upon failure to complete the | ||||||
15 | requirements of this Section. A licensee may appeal that | ||||||
16 | decision to the State Educator Preparation and Licensure Board | ||||||
17 | in a manner prescribed by rule. | ||||||
18 | (1) Each appeal shall state the reasons why the State | ||||||
19 | Superintendent's decision should be reversed and shall be | ||||||
20 | sent by certified mail, return receipt requested, to the | ||||||
21 | State Board of Education. | ||||||
22 | (2) The State Educator Preparation and Licensure Board | ||||||
23 | shall review each appeal regarding renewal of a license | ||||||
24 | within 90 days after receiving the appeal in order to | ||||||
25 | determine whether the licensee has met the requirements of | ||||||
26 | this Section. The State Educator Preparation and Licensure |
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1 | Board may hold an appeal hearing or may make its | ||||||
2 | determination based upon the record of review, which shall | ||||||
3 | consist of the following: | ||||||
4 | (A) the regional superintendent of education's | ||||||
5 | rationale for recommending nonrenewal of the license, | ||||||
6 | if applicable; | ||||||
7 | (B) any evidence submitted to the State | ||||||
8 | Superintendent along with the individual's electronic | ||||||
9 | statement of assurance for renewal; and | ||||||
10 | (C) the State Superintendent's rationale for | ||||||
11 | nonrenewal of the license. | ||||||
12 | (3) The State Educator Preparation and Licensure Board | ||||||
13 | shall notify the licensee of its decision regarding | ||||||
14 | license renewal by certified mail, return receipt | ||||||
15 | requested, no later than 30 days after reaching a | ||||||
16 | decision. Upon receipt of notification of renewal, the | ||||||
17 | licensee, using ELIS, shall pay the applicable | ||||||
18 | registration fee for the next cycle using a form of credit | ||||||
19 | or debit card. | ||||||
20 | (n) The State Board of Education may adopt rules as may be | ||||||
21 | necessary to implement this Section. | ||||||
22 | (Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17; | ||||||
23 | 100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff. | ||||||
24 | 1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.) | ||||||
25 | (105 ILCS 5/22-85.5 new) |
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1 | Sec. 22-85.5. Sexual misconduct in schools. | ||||||
2 | (a) This Section applies beginning on July 1, 2022. | ||||||
3 | (b) The General Assembly finds that: | ||||||
4 | (1) the success of students in school relies on safe | ||||||
5 | learning environments and healthy relationships with | ||||||
6 | school personnel; | ||||||
7 | (2) it is important for staff to maintain a | ||||||
8 | professional relationship with students at all times and | ||||||
9 | to define staff-student boundaries to protect students | ||||||
10 | from sexual misconduct by staff and staff from the | ||||||
11 | appearance of impropriety; | ||||||
12 | (3) many breaches of staff-student boundaries do not | ||||||
13 | rise to the level of criminal behavior but do pose a | ||||||
14 | potential risk to student safety; | ||||||
15 | (4) repeated violations of staff–student boundaries | ||||||
16 | can indicate the grooming of a student for sexual abuse; | ||||||
17 | (5) it is necessary to uphold the State Board of | ||||||
18 | Education's Code of Ethics for Illinois Educators and for | ||||||
19 | each school district, charter school, or nonpublic, | ||||||
20 | nonsectarian elementary or secondary school to have an | ||||||
21 | employee code of professional conduct policy; | ||||||
22 | (6) each school district, charter school, or | ||||||
23 | nonpublic, nonsectarian elementary or secondary school | ||||||
24 | must have the ability to discipline educators for breaches | ||||||
25 | of its employee code of professional conduct policy; | ||||||
26 | (7) each school district, charter school, or |
| |||||||
| |||||||
1 | nonpublic, nonsectarian elementary or secondary school | ||||||
2 | must have the ability to know if any of its educators have | ||||||
3 | violated professional staff–student boundaries in previous | ||||||
4 | employment; and | ||||||
5 | (8) as bystanders, educators may have knowledge of | ||||||
6 | concerning behaviors that no one else is aware of, so they | ||||||
7 | need adequate training on sexual abuse, the employee code | ||||||
8 | of professional conduct policy, and federal and State | ||||||
9 | reporting requirements. | ||||||
10 | (c) In this Section, "sexual misconduct" means any act, | ||||||
11 | including, but not limited to,
any verbal, nonverbal, written, | ||||||
12 | or electronic communication or
physical activity, by an | ||||||
13 | employee or agent of the school district, charter school, or | ||||||
14 | nonpublic, nonsectarian elementary or secondary school with | ||||||
15 | direct contact with a student that is directed toward or with a | ||||||
16 | student to establish a romantic or sexual relationship with | ||||||
17 | the student. Such an act includes, but is not limited to, any | ||||||
18 | of the following: | ||||||
19 | (1) A sexual or romantic invitation. | ||||||
20 | (2) Dating or requesting or participating in a private | ||||||
21 | meeting outside of the employee's or agent's professional | ||||||
22 | role with a student, including meeting in person or | ||||||
23 | through electronic communication. | ||||||
24 | (3) Engaging in sexualized or romantic dialog. | ||||||
25 | (4) Making sexually suggestive comments that are | ||||||
26 | directed toward or with a student. |
| |||||||
| |||||||
1 | (5) Self-disclosure or physical exposure of a sexual, | ||||||
2 | romantic, or erotic nature. | ||||||
3 | (6) A sexual, indecent, romantic, or erotic contact | ||||||
4 | with the student. | ||||||
5 | (d) To prevent sexual misconduct with students, each | ||||||
6 | school district, charter school, or nonpublic, nonsectarian | ||||||
7 | elementary or secondary school shall develop an employee code | ||||||
8 | of professional conduct policy that addresses all of the | ||||||
9 | following: | ||||||
10 | (1) Incorporates the Code of Ethics for Illinois | ||||||
11 | Educators. | ||||||
12 | (2) Incorporates the definition of "sexual misconduct" | ||||||
13 | in this Section. | ||||||
14 | (3) Identifies the expectations for employees and | ||||||
15 | agents of the school district, charter school, or | ||||||
16 | nonpublic, nonsectarian elementary or secondary school | ||||||
17 | regarding how to maintain a professional relationship with | ||||||
18 | students, including the expectations for staff-student | ||||||
19 | boundaries, recognizing the age and developmental level of | ||||||
20 | the students served, and establishes guidelines for all of | ||||||
21 | the following situations: | ||||||
22 | (A) Transporting a student. | ||||||
23 | (B) Taking or possessing a photo or a video of a | ||||||
24 | student. | ||||||
25 | (C) Meeting with a student or contacting a student | ||||||
26 | outside of the employee's or agent's professional |
| |||||||
| |||||||
1 | role. | ||||||
2 | (4) References the employee reporting requirements | ||||||
3 | required under the Abused and Neglected Child Reporting | ||||||
4 | Act and under Title IX of the federal Education Amendments | ||||||
5 | of 1972. | ||||||
6 | (5) References required employee training that is | ||||||
7 | related to child abuse and educator ethics that are | ||||||
8 | applicable under State and federal law. | ||||||
9 | (e) The employee code of professional conduct policy must | ||||||
10 | be posted on the website, if any, of each school district, | ||||||
11 | charter school, or nonpublic, nonsectarian elementary or | ||||||
12 | secondary school and must be included in any staff, student, | ||||||
13 | or parent handbook provided by the school district, charter | ||||||
14 | school, or nonpublic, nonsectarian elementary or secondary | ||||||
15 | school. | ||||||
16 | (f) A violation of the employee code of professional | ||||||
17 | conduct policy may subject an employee to disciplinary action | ||||||
18 | up to and including dismissal from employment. Failure to | ||||||
19 | report a violation of the employee code of professional | ||||||
20 | conduct policy may subject an employee to disciplinary action | ||||||
21 | up to and including dismissal from employment.
| ||||||
22 | (105 ILCS 5/27A-5)
| ||||||
23 | Sec. 27A-5. Charter school; legal entity; requirements.
| ||||||
24 | (a) A charter school shall be a public, nonsectarian, | ||||||
25 | nonreligious, non-home
based, and non-profit school. A charter |
| |||||||
| |||||||
1 | school shall be organized and operated
as a nonprofit | ||||||
2 | corporation or other discrete, legal, nonprofit entity
| ||||||
3 | authorized under the laws of the State of Illinois.
| ||||||
4 | (b) A charter school may be established under this Article | ||||||
5 | by creating a new
school or by converting an existing public | ||||||
6 | school or attendance center to
charter
school status.
| ||||||
7 | Beginning on April 16, 2003 (the effective date of Public Act | ||||||
8 | 93-3), in all new
applications to establish
a charter
school | ||||||
9 | in a city having a population exceeding 500,000, operation of | ||||||
10 | the
charter
school shall be limited to one campus. The changes | ||||||
11 | made to this Section by Public Act 93-3 do not apply to charter | ||||||
12 | schools existing or approved on or before April 16, 2003 (the
| ||||||
13 | effective date of Public Act 93-3). | ||||||
14 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
15 | a cyber school where students engage in online curriculum and | ||||||
16 | instruction via the Internet and electronic communication with | ||||||
17 | their teachers at remote locations and with students | ||||||
18 | participating at different times. | ||||||
19 | From April 1, 2013 through December 31, 2016, there is a | ||||||
20 | moratorium on the establishment of charter schools with | ||||||
21 | virtual-schooling components in school districts other than a | ||||||
22 | school district organized under Article 34 of this Code. This | ||||||
23 | moratorium does not apply to a charter school with | ||||||
24 | virtual-schooling components existing or approved prior to | ||||||
25 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
26 | school with virtual-schooling components already approved |
| |||||||
| |||||||
1 | prior to April 1, 2013.
| ||||||
2 | (c) A charter school shall be administered and governed by | ||||||
3 | its board of
directors or other governing body
in the manner | ||||||
4 | provided in its charter. The governing body of a charter | ||||||
5 | school
shall be subject to the Freedom of Information Act and | ||||||
6 | the Open Meetings Act. No later than January 1, 2021 (one year | ||||||
7 | after the effective date of Public Act 101-291), a charter | ||||||
8 | school's board of directors or other governing body must | ||||||
9 | include at least one parent or guardian of a pupil currently | ||||||
10 | enrolled in the charter school who may be selected through the | ||||||
11 | charter school or a charter network election, appointment by | ||||||
12 | the charter school's board of directors or other governing | ||||||
13 | body, or by the charter school's Parent Teacher Organization | ||||||
14 | or its equivalent. | ||||||
15 | (c-5) No later than January 1, 2021 (one year after the | ||||||
16 | effective date of Public Act 101-291) or within the first year | ||||||
17 | of his or her first term, every voting member of a charter | ||||||
18 | school's board of directors or other governing body shall | ||||||
19 | complete a minimum of 4 hours of professional development | ||||||
20 | leadership training to ensure that each member has sufficient | ||||||
21 | familiarity with the board's or governing body's role and | ||||||
22 | responsibilities, including financial oversight and | ||||||
23 | accountability of the school, evaluating the principal's and | ||||||
24 | school's performance, adherence to the Freedom of Information | ||||||
25 | Act and the Open Meetings Act, and compliance with education | ||||||
26 | and labor law. In each subsequent year of his or her term, a |
| |||||||
| |||||||
1 | voting member of a charter school's board of directors or | ||||||
2 | other governing body shall complete a minimum of 2 hours of | ||||||
3 | professional development training in these same areas. The | ||||||
4 | training under this subsection may be provided or certified by | ||||||
5 | a statewide charter school membership association or may be | ||||||
6 | provided or certified by other qualified providers approved by | ||||||
7 | the State Board of Education.
| ||||||
8 | (d) For purposes of this subsection (d), "non-curricular | ||||||
9 | health and safety requirement" means any health and safety | ||||||
10 | requirement created by statute or rule to provide, maintain, | ||||||
11 | preserve, or safeguard safe or healthful conditions for | ||||||
12 | students and school personnel or to eliminate, reduce, or | ||||||
13 | prevent threats to the health and safety of students and | ||||||
14 | school personnel. "Non-curricular health and safety | ||||||
15 | requirement" does not include any course of study or | ||||||
16 | specialized instructional requirement for which the State | ||||||
17 | Board has established goals and learning standards or which is | ||||||
18 | designed primarily to impart knowledge and skills for students | ||||||
19 | to master and apply as an outcome of their education. | ||||||
20 | A charter school shall comply with all non-curricular | ||||||
21 | health and safety
requirements applicable to public schools | ||||||
22 | under the laws of the State of
Illinois. On or before September | ||||||
23 | 1, 2015, the State Board shall promulgate and post on its | ||||||
24 | Internet website a list of non-curricular health and safety | ||||||
25 | requirements that a charter school must meet. The list shall | ||||||
26 | be updated annually no later than September 1. Any charter |
| |||||||
| |||||||
1 | contract between a charter school and its authorizer must | ||||||
2 | contain a provision that requires the charter school to follow | ||||||
3 | the list of all non-curricular health and safety requirements | ||||||
4 | promulgated by the State Board and any non-curricular health | ||||||
5 | and safety requirements added by the State Board to such list | ||||||
6 | during the term of the charter. Nothing in this subsection (d) | ||||||
7 | precludes an authorizer from including non-curricular health | ||||||
8 | and safety requirements in a charter school contract that are | ||||||
9 | not contained in the list promulgated by the State Board, | ||||||
10 | including non-curricular health and safety requirements of the | ||||||
11 | authorizing local school board.
| ||||||
12 | (e) Except as otherwise provided in the School Code, a | ||||||
13 | charter school shall
not charge tuition; provided that a | ||||||
14 | charter school may charge reasonable fees
for textbooks, | ||||||
15 | instructional materials, and student activities.
| ||||||
16 | (f) A charter school shall be responsible for the | ||||||
17 | management and operation
of its fiscal affairs including,
but | ||||||
18 | not limited to, the preparation of its budget. An audit of each | ||||||
19 | charter
school's finances shall be conducted annually by an | ||||||
20 | outside, independent
contractor retained by the charter | ||||||
21 | school. To ensure financial accountability for the use of | ||||||
22 | public funds, on or before December 1 of every year of | ||||||
23 | operation, each charter school shall submit to its authorizer | ||||||
24 | and the State Board a copy of its audit and a copy of the Form | ||||||
25 | 990 the charter school filed that year with the federal | ||||||
26 | Internal Revenue Service. In addition, if deemed necessary for |
| |||||||
| |||||||
1 | proper financial oversight of the charter school, an | ||||||
2 | authorizer may require quarterly financial statements from | ||||||
3 | each charter school.
| ||||||
4 | (g) A charter school shall comply with all provisions of | ||||||
5 | this Article, the Illinois Educational Labor Relations Act, | ||||||
6 | all federal and State laws and rules applicable to public | ||||||
7 | schools that pertain to special education and the instruction | ||||||
8 | of English learners, and
its charter. A charter
school is | ||||||
9 | exempt from all other State laws and regulations in this Code
| ||||||
10 | governing public
schools and local school board policies; | ||||||
11 | however, a charter school is not exempt from the following:
| ||||||
12 | (1) Sections 10-21.9 and 34-18.5 of this Code | ||||||
13 | regarding criminal
history records checks and checks of | ||||||
14 | the Statewide Sex Offender Database and Statewide Murderer | ||||||
15 | and Violent Offender Against Youth Database of applicants | ||||||
16 | for employment;
| ||||||
17 | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | ||||||
18 | 34-84a of this Code regarding discipline of
students;
| ||||||
19 | (3) the Local Governmental and Governmental Employees | ||||||
20 | Tort Immunity Act;
| ||||||
21 | (4) Section 108.75 of the General Not For Profit | ||||||
22 | Corporation Act of 1986
regarding indemnification of | ||||||
23 | officers, directors, employees, and agents;
| ||||||
24 | (5) the Abused and Neglected Child Reporting Act;
| ||||||
25 | (5.5) subsection (b) of Section 10-23.12 and | ||||||
26 | subsection (b) of Section 34-18.6 of this Code; |
| |||||||
| |||||||
1 | (6) the Illinois School Student Records Act;
| ||||||
2 | (7) Section 10-17a of this Code regarding school | ||||||
3 | report cards;
| ||||||
4 | (8) the P-20 Longitudinal Education Data System Act; | ||||||
5 | (9) Section 27-23.7 of this Code regarding bullying | ||||||
6 | prevention; | ||||||
7 | (10) Section 2-3.162 of this Code regarding student | ||||||
8 | discipline reporting; | ||||||
9 | (11) Sections 22-80 and 27-8.1 of this Code; | ||||||
10 | (12) Sections 10-20.60 and 34-18.53 of this Code; | ||||||
11 | (13) Sections 10-20.63 and 34-18.56 of this Code; | ||||||
12 | (14) Section 26-18 of this Code; | ||||||
13 | (15) Section 22-30 of this Code; | ||||||
14 | (16) Sections 24-12 and 34-85 of this Code; | ||||||
15 | (17) the Seizure Smart School Act; and | ||||||
16 | (18) Section 2-3.64a-10 of this Code ; . | ||||||
17 | (19) Section 2-3.182 of this Code; and | ||||||
18 | (20) Section 22-85.5 of this Code. | ||||||
19 | The change made by Public Act 96-104 to this subsection | ||||||
20 | (g) is declaratory of existing law. | ||||||
21 | (h) A charter school may negotiate and contract with a | ||||||
22 | school district, the
governing body of a State college or | ||||||
23 | university or public community college, or
any other public or | ||||||
24 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
25 | school building and grounds or any other real property or | ||||||
26 | facilities that
the charter school desires to use or convert |
| |||||||
| |||||||
1 | for use as a charter school site,
(ii) the operation and | ||||||
2 | maintenance thereof, and
(iii) the provision of any service, | ||||||
3 | activity, or undertaking that the charter
school is required | ||||||
4 | to perform in order to carry out the terms of its charter.
| ||||||
5 | However, a charter school
that is established on
or
after | ||||||
6 | April 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
7 | operates
in a city having a population exceeding
500,000 may | ||||||
8 | not contract with a for-profit entity to
manage or operate the | ||||||
9 | school during the period that commences on April 16, 2003 (the
| ||||||
10 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
11 | the 2004-2005 school year.
Except as provided in subsection | ||||||
12 | (i) of this Section, a school district may
charge a charter | ||||||
13 | school reasonable rent for the use of the district's
| ||||||
14 | buildings, grounds, and facilities. Any services for which a | ||||||
15 | charter school
contracts
with a school district shall be | ||||||
16 | provided by the district at cost. Any services
for which a | ||||||
17 | charter school contracts with a local school board or with the
| ||||||
18 | governing body of a State college or university or public | ||||||
19 | community college
shall be provided by the public entity at | ||||||
20 | cost.
| ||||||
21 | (i) In no event shall a charter school that is established | ||||||
22 | by converting an
existing school or attendance center to | ||||||
23 | charter school status be required to
pay rent for space
that is | ||||||
24 | deemed available, as negotiated and provided in the charter | ||||||
25 | agreement,
in school district
facilities. However, all other | ||||||
26 | costs for the operation and maintenance of
school district |
| |||||||
| |||||||
1 | facilities that are used by the charter school shall be | ||||||
2 | subject
to negotiation between
the charter school and the | ||||||
3 | local school board and shall be set forth in the
charter.
| ||||||
4 | (j) A charter school may limit student enrollment by age | ||||||
5 | or grade level.
| ||||||
6 | (k) If the charter school is approved by the State Board or | ||||||
7 | Commission, then the charter school is its own local education | ||||||
8 | agency. | ||||||
9 | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | ||||||
10 | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | ||||||
11 | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | ||||||
12 | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | ||||||
13 | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | ||||||
14 | 3-8-21.) | ||||||
15 | Section 10. The Abused and Neglected Child Reporting Act | ||||||
16 | is amended by changing Section 3 as follows: | ||||||
17 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
18 | Sec. 3. As used in this Act unless the context otherwise | ||||||
19 | requires: | ||||||
20 | "Adult resident" means any person between 18 and 22 years | ||||||
21 | of age who resides in any facility licensed by the Department | ||||||
22 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
23 | criteria set forth in the definitions of "abused child" and | ||||||
24 | "neglected child" shall be used in determining whether an |
| |||||||
| |||||||
1 | adult resident is abused or neglected. | ||||||
2 | "Agency" means a child care facility licensed under | ||||||
3 | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | ||||||
4 | includes a transitional living program that accepts children | ||||||
5 | and adult residents for placement who are in the guardianship | ||||||
6 | of the Department. | ||||||
7 | "Blatant disregard" means an incident where the real, | ||||||
8 | significant, and imminent risk of harm would be so obvious to a | ||||||
9 | reasonable parent or caretaker that it is unlikely that a | ||||||
10 | reasonable parent or caretaker would have exposed the child to | ||||||
11 | the danger without exercising precautionary measures to | ||||||
12 | protect the child from harm. With respect to a person working | ||||||
13 | at an agency in his or her professional capacity with a child | ||||||
14 | or adult resident, "blatant disregard" includes a failure by | ||||||
15 | the person to perform job responsibilities intended to protect | ||||||
16 | the child's or adult resident's health, physical well-being, | ||||||
17 | or welfare, and, when viewed in light of the surrounding | ||||||
18 | circumstances, evidence exists that would cause a reasonable | ||||||
19 | person to believe that the child was neglected. With respect | ||||||
20 | to an agency, "blatant disregard" includes a failure to | ||||||
21 | implement practices that ensure the health, physical | ||||||
22 | well-being, or welfare of the children and adult residents | ||||||
23 | residing in the facility. | ||||||
24 | "Child" means any person under the age of 18 years, unless | ||||||
25 | legally
emancipated by reason of marriage or entry into a | ||||||
26 | branch of the United
States armed services. |
| |||||||
| |||||||
1 | "Department" means Department of Children and Family | ||||||
2 | Services. | ||||||
3 | "Local law enforcement agency" means the police of a city, | ||||||
4 | town,
village or other incorporated area or the sheriff of an | ||||||
5 | unincorporated
area or any sworn officer of the Illinois | ||||||
6 | Department of State Police. | ||||||
7 | "Abused child"
means a child whose parent or immediate | ||||||
8 | family
member,
or any person responsible for the child's | ||||||
9 | welfare, or any individual
residing in the same home as the | ||||||
10 | child, or a paramour of the child's parent: | ||||||
11 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
12 | inflicted upon
such child physical injury, by other than | ||||||
13 | accidental means, which causes
death, disfigurement, | ||||||
14 | impairment of physical or
emotional health, or loss or | ||||||
15 | impairment of any bodily function; | ||||||
16 | (b) creates a substantial risk of physical injury to | ||||||
17 | such
child by
other than accidental means which would be | ||||||
18 | likely to cause death,
disfigurement, impairment of | ||||||
19 | physical or emotional health, or loss or
impairment of any | ||||||
20 | bodily function; | ||||||
21 | (c) commits or allows to be committed any sex offense | ||||||
22 | against
such child,
as such sex offenses are defined in | ||||||
23 | the Criminal Code of 2012 or in the Wrongs to Children Act,
| ||||||
24 | and extending those definitions of sex offenses to include | ||||||
25 | children under
18 years of age; | ||||||
26 | (d) commits or allows to be committed an act or acts of
|
| |||||||
| |||||||
1 | torture upon
such child; | ||||||
2 | (e) inflicts excessive corporal punishment or, in the | ||||||
3 | case of a person working for an agency who is prohibited | ||||||
4 | from using corporal punishment, inflicts corporal | ||||||
5 | punishment upon a child or adult resident with whom the | ||||||
6 | person is working in his or her professional capacity; | ||||||
7 | (f) commits or allows to be committed
the offense of
| ||||||
8 | female
genital mutilation, as defined in Section 12-34 of | ||||||
9 | the Criminal Code of
2012, against the child; | ||||||
10 | (g) causes to be sold, transferred, distributed, or | ||||||
11 | given to
such child
under 18 years of age, a controlled | ||||||
12 | substance as defined in Section 102 of the
Illinois | ||||||
13 | Controlled Substances Act in violation of Article IV of | ||||||
14 | the Illinois
Controlled Substances Act or in violation of | ||||||
15 | the Methamphetamine Control and Community Protection Act, | ||||||
16 | except for controlled substances that are prescribed
in | ||||||
17 | accordance with Article III of the Illinois Controlled | ||||||
18 | Substances Act and
are dispensed to such child in a manner | ||||||
19 | that substantially complies with the
prescription; or | ||||||
20 | (h) commits or allows to be committed the offense of | ||||||
21 | involuntary servitude, involuntary sexual servitude of a | ||||||
22 | minor, or trafficking in persons as defined in Section | ||||||
23 | 10-9 of the Criminal Code of 2012 against the child ; or . | ||||||
24 | (i) commits the offense of grooming, as defined in | ||||||
25 | Section 11-25 of the Criminal Code of 2012, against the | ||||||
26 | child. |
| |||||||
| |||||||
1 | A child shall not be considered abused for the sole reason | ||||||
2 | that the child
has been relinquished in accordance with the | ||||||
3 | Abandoned Newborn Infant
Protection Act. | ||||||
4 | "Neglected child" means any child who is not receiving the | ||||||
5 | proper or
necessary nourishment or medically indicated | ||||||
6 | treatment including food or care
not provided solely on the | ||||||
7 | basis of the present or anticipated mental or
physical | ||||||
8 | impairment as determined by a physician acting alone or in
| ||||||
9 | consultation with other physicians or otherwise is not | ||||||
10 | receiving the proper or
necessary support or medical or other | ||||||
11 | remedial care recognized under State law
as necessary for a | ||||||
12 | child's well-being, or other care necessary for his or her
| ||||||
13 | well-being, including adequate food, clothing and shelter; or | ||||||
14 | who is subjected to an environment which is injurious insofar | ||||||
15 | as (i) the child's environment creates a likelihood of harm to | ||||||
16 | the child's health, physical well-being, or welfare and (ii) | ||||||
17 | the likely harm to the child is the result of a blatant | ||||||
18 | disregard of parent, caretaker, or agency responsibilities; or | ||||||
19 | who is abandoned
by his or her parents or other person | ||||||
20 | responsible for the child's welfare
without a proper plan of | ||||||
21 | care; or who has been provided with interim crisis | ||||||
22 | intervention services under
Section 3-5 of
the Juvenile Court | ||||||
23 | Act of 1987 and whose parent, guardian, or custodian refuses | ||||||
24 | to
permit
the child to return home and no other living | ||||||
25 | arrangement agreeable
to the parent, guardian, or custodian | ||||||
26 | can be made, and the parent, guardian, or custodian has not |
| |||||||
| |||||||
1 | made any other appropriate living arrangement for the child; | ||||||
2 | or who is a newborn infant whose blood, urine,
or meconium
| ||||||
3 | contains any amount of a controlled substance as defined in | ||||||
4 | subsection (f) of
Section 102 of the Illinois Controlled | ||||||
5 | Substances Act or a metabolite thereof,
with the exception of | ||||||
6 | a controlled substance or metabolite thereof whose
presence in | ||||||
7 | the newborn infant is the result of medical treatment | ||||||
8 | administered
to the mother or the newborn infant. A child | ||||||
9 | shall not be considered neglected
for the sole reason that the | ||||||
10 | child's parent or other person responsible for his
or her | ||||||
11 | welfare has left the child in the care of an adult relative for | ||||||
12 | any
period of time. A child shall not be considered neglected | ||||||
13 | for the sole reason
that the child has been relinquished in | ||||||
14 | accordance with the Abandoned Newborn
Infant Protection Act. A | ||||||
15 | child shall not be considered neglected or abused
for the
sole | ||||||
16 | reason that such child's parent or other person responsible | ||||||
17 | for his or her
welfare depends upon spiritual means through | ||||||
18 | prayer alone for the treatment or
cure of disease or remedial | ||||||
19 | care as provided under Section 4 of this Act. A
child shall not | ||||||
20 | be considered neglected or abused solely because the child is
| ||||||
21 | not attending school in accordance with the requirements of | ||||||
22 | Article 26 of The
School Code, as amended. | ||||||
23 | "Child Protective Service Unit" means certain specialized | ||||||
24 | State employees of
the Department assigned by the Director to | ||||||
25 | perform the duties and
responsibilities as provided under | ||||||
26 | Section 7.2 of this Act. |
| |||||||
| |||||||
1 | "Near fatality" means an act that, as certified by a | ||||||
2 | physician, places the child in serious or critical condition, | ||||||
3 | including acts of great bodily harm inflicted upon children | ||||||
4 | under 13 years of age, and as otherwise defined by Department | ||||||
5 | rule. | ||||||
6 | "Great bodily harm" includes bodily injury which creates a | ||||||
7 | high probability of death, or which causes serious permanent | ||||||
8 | disfigurement, or which causes a permanent or protracted loss | ||||||
9 | or impairment of the function of any bodily member or organ, or | ||||||
10 | other serious bodily harm. | ||||||
11 | "Person responsible for the child's welfare" means the | ||||||
12 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
13 | any person responsible for the
child's welfare in a public or | ||||||
14 | private residential agency or institution; any
person | ||||||
15 | responsible for the child's welfare within a public or private | ||||||
16 | profit or
not for profit child care facility; or any other | ||||||
17 | person responsible for the
child's welfare at the time of the | ||||||
18 | alleged abuse or neglect, including any person that is the | ||||||
19 | custodian of a child under 18 years of age who commits or | ||||||
20 | allows to be committed, against the child, the offense of | ||||||
21 | involuntary servitude, involuntary sexual servitude of a | ||||||
22 | minor, or trafficking in persons for forced labor or services, | ||||||
23 | as provided in Section 10-9 of the Criminal Code of 2012, or | ||||||
24 | any person who
came to know the child through an official | ||||||
25 | capacity or position of trust,
including but not limited to | ||||||
26 | health care professionals, educational personnel,
recreational |
| |||||||
| |||||||
1 | supervisors, members of the clergy, and volunteers or
support | ||||||
2 | personnel in any setting
where children may be subject to | ||||||
3 | abuse or neglect. | ||||||
4 | "Temporary protective custody" means custody within a | ||||||
5 | hospital or
other medical facility or a place previously | ||||||
6 | designated for such custody
by the Department, subject to | ||||||
7 | review by the Court, including a licensed
foster home, group | ||||||
8 | home, or other institution; but such place shall not
be a jail | ||||||
9 | or other place for the detention of criminal or juvenile | ||||||
10 | offenders. | ||||||
11 | "An unfounded report" means any report made under this Act | ||||||
12 | for which
it is determined after an investigation that no | ||||||
13 | credible evidence of
abuse or neglect exists. | ||||||
14 | "An indicated report" means a report made under this Act | ||||||
15 | if an
investigation determines that credible evidence of the | ||||||
16 | alleged
abuse or neglect exists. | ||||||
17 | "An undetermined report" means any report made under this | ||||||
18 | Act in
which it was not possible to initiate or complete an | ||||||
19 | investigation on
the basis of information provided to the | ||||||
20 | Department. | ||||||
21 | "Subject of report" means any child reported to the | ||||||
22 | central register
of child abuse and neglect established under | ||||||
23 | Section 7.7 of this Act as an alleged victim of child abuse or | ||||||
24 | neglect and
the parent or guardian of the alleged victim or | ||||||
25 | other person responsible for the alleged victim's welfare who | ||||||
26 | is named in the report or added to the report as an alleged |
| |||||||
| |||||||
1 | perpetrator of child abuse or neglect. | ||||||
2 | "Perpetrator" means a person who, as a result of | ||||||
3 | investigation, has
been determined by the Department to have | ||||||
4 | caused child abuse or neglect. | ||||||
5 | "Member of the clergy" means a clergyman or practitioner | ||||||
6 | of any religious
denomination accredited by the religious body | ||||||
7 | to which he or she belongs. | ||||||
8 | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .) | ||||||
9 | Section 15. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
| ||||||
11 | (720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
| ||||||
12 | Sec. 11-1.20. Criminal sexual assault.
| ||||||
13 | (a) A person commits criminal sexual assault if that | ||||||
14 | person commits an act of sexual penetration and: | ||||||
15 | (1) uses force or threat of force; | ||||||
16 | (2) knows that the victim is unable to understand the | ||||||
17 | nature of the act or is unable to give knowing consent; | ||||||
18 | (3) is a family member of the victim, and the victim is | ||||||
19 | under 18 years of age; or | ||||||
20 | (4) is 17 years of age or over and holds a position of | ||||||
21 | trust, authority, or supervision in relation to the | ||||||
22 | victim, and the victim is at least 13 years of age but | ||||||
23 | under 18 years of age ; or .
| ||||||
24 | (5) the victim is enrolled as a student at a public or |
| |||||||
| |||||||
1 | nonpublic secondary school and the accused held a position | ||||||
2 | of trust, authority, or supervision in relation to the | ||||||
3 | victim in connection with an educational or | ||||||
4 | extracurricular program or activity, regardless of the | ||||||
5 | location of the commission of the act. | ||||||
6 | (b) Sentence.
| ||||||
7 | (1) Criminal sexual assault is a Class 1 felony, | ||||||
8 | except that:
| ||||||
9 | (A) A person who is convicted of the offense of | ||||||
10 | criminal sexual assault as
defined in paragraph (a)(1) | ||||||
11 | or (a)(2) after having previously been convicted of
| ||||||
12 | the offense of criminal sexual assault or the offense | ||||||
13 | of exploitation of a child, or who is convicted of the | ||||||
14 | offense of
criminal sexual assault as defined in | ||||||
15 | paragraph (a)(1) or (a)(2) after having
previously | ||||||
16 | been convicted under the laws of this State or any | ||||||
17 | other state of an
offense that is substantially | ||||||
18 | equivalent to the offense of criminal sexual
assault | ||||||
19 | or to the offense of exploitation of a child, commits a | ||||||
20 | Class X felony for which the person shall be sentenced | ||||||
21 | to a
term of imprisonment of not less than 30 years and | ||||||
22 | not more than 60 years, except that if the person is | ||||||
23 | under the age of 18 years at the time of the offense, | ||||||
24 | he or she shall be sentenced under Section 5-4.5-105 | ||||||
25 | of the Unified Code of Corrections. The
commission of | ||||||
26 | the second or subsequent offense is required to have |
| |||||||
| |||||||
1 | been after
the initial conviction for this paragraph | ||||||
2 | (A) to apply.
| ||||||
3 | (B) A person who has attained the age of 18 years | ||||||
4 | at the time of the commission of the offense and who is | ||||||
5 | convicted of the offense of criminal sexual assault as
| ||||||
6 | defined in paragraph (a)(1) or (a)(2) after having | ||||||
7 | previously been convicted of
the offense of aggravated | ||||||
8 | criminal sexual assault or the offense of predatory
| ||||||
9 | criminal sexual assault of a child, or who is | ||||||
10 | convicted of the offense of
criminal sexual assault as | ||||||
11 | defined in paragraph (a)(1) or (a)(2) after having
| ||||||
12 | previously been convicted under the laws of this State | ||||||
13 | or any other state of an
offense that is substantially | ||||||
14 | equivalent to the offense of aggravated criminal
| ||||||
15 | sexual assault or the offense of predatory criminal | ||||||
16 | sexual assault of a child shall be
sentenced to a term | ||||||
17 | of natural life imprisonment. The commission of the | ||||||
18 | second
or subsequent offense is required to have been | ||||||
19 | after the initial conviction for
this paragraph (B) to | ||||||
20 | apply. An offender under the age of 18 years at the | ||||||
21 | time of the commission of the offense covered by this | ||||||
22 | subparagraph (B) shall be sentenced under Section | ||||||
23 | 5-4.5-105 of the Unified Code of Corrections.
| ||||||
24 | (C) A second or subsequent conviction for a | ||||||
25 | violation of paragraph
(a)(3) , or (a)(4) , or (a)(5) or | ||||||
26 | under any similar statute of this State
or any other |
| |||||||
| |||||||
1 | state for any offense involving criminal sexual | ||||||
2 | assault that is
substantially equivalent to or more | ||||||
3 | serious than the sexual assault prohibited
under | ||||||
4 | paragraph (a)(3) , or (a)(4) , or (a)(5) is a Class X | ||||||
5 | felony.
| ||||||
6 | (Source: P.A. 99-69, eff. 1-1-16 .)
| ||||||
7 | (720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
| ||||||
8 | Sec. 11-1.60. Aggravated criminal sexual abuse.
| ||||||
9 | (a) A person commits aggravated criminal sexual abuse if | ||||||
10 | that person commits criminal sexual abuse and any of the | ||||||
11 | following aggravating circumstances exist (i) during the | ||||||
12 | commission of the offense or (ii) for purposes of paragraph | ||||||
13 | (7), as part of the same course of conduct as the commission of | ||||||
14 | the offense: | ||||||
15 | (1) the person displays, threatens to use, or uses a | ||||||
16 | dangerous weapon or any other object fashioned or used in | ||||||
17 | a manner that leads the victim, under the circumstances, | ||||||
18 | reasonably to believe that the object is a dangerous | ||||||
19 | weapon; | ||||||
20 | (2) the person causes bodily harm to the victim; | ||||||
21 | (3) the victim is 60 years of age or older; | ||||||
22 | (4) the victim is a person with a physical disability; | ||||||
23 | (5) the person acts in a manner that threatens or | ||||||
24 | endangers the life of the victim or any other person; | ||||||
25 | (6) the person commits the criminal sexual abuse |
| |||||||
| |||||||
1 | during the course of committing or attempting to commit | ||||||
2 | any other felony; or | ||||||
3 | (7) the person delivers (by injection, inhalation, | ||||||
4 | ingestion, transfer of possession, or any other means) any | ||||||
5 | controlled substance to the victim for other than medical | ||||||
6 | purposes without the victim's consent or by threat or | ||||||
7 | deception.
| ||||||
8 | (b) A person commits aggravated criminal sexual abuse if | ||||||
9 | that person
commits an act of sexual conduct with a victim who | ||||||
10 | is under 18
years of age
and the person is a family member.
| ||||||
11 | (c) A person commits aggravated criminal sexual abuse if:
| ||||||
12 | (1) that person is 17 years of age or over and: (i) | ||||||
13 | commits an act of
sexual
conduct with a victim who is under | ||||||
14 | 13 years of age; or
(ii) commits an act of sexual conduct | ||||||
15 | with a victim who is at least 13
years of age but under 17 | ||||||
16 | years of age and the
person uses force or threat of force | ||||||
17 | to commit the act; or
| ||||||
18 | (2) that person is under 17 years of age and: (i) | ||||||
19 | commits an act of
sexual conduct with a victim who is under | ||||||
20 | 9 years of age; or (ii) commits an act of sexual conduct | ||||||
21 | with a victim who is
at least 9 years of age but under 17 | ||||||
22 | years of age and the person uses force or threat of force | ||||||
23 | to commit the act.
| ||||||
24 | (d) A person commits aggravated criminal sexual abuse if | ||||||
25 | that person
commits an act of sexual penetration or sexual | ||||||
26 | conduct with a victim
who is at least 13
years of age but under |
| |||||||
| |||||||
1 | 17 years of age and the person is at least 5 years
older than | ||||||
2 | the victim.
| ||||||
3 | (e) A person commits aggravated criminal sexual abuse if | ||||||
4 | that person
commits an act of sexual conduct with a victim who | ||||||
5 | is a
person with a severe or profound intellectual disability.
| ||||||
6 | (f) A person commits aggravated criminal sexual abuse if
| ||||||
7 | that person commits an act of sexual conduct with a victim who | ||||||
8 | is at least
13 years of age but under 18 years of age and
the | ||||||
9 | person is 17 years of age or over and holds a position of | ||||||
10 | trust,
authority, or supervision in relation to the victim.
| ||||||
11 | (f-5) A person commits aggravated criminal sexual abuse if | ||||||
12 | that person commits an act of sexual conduct with a victim who | ||||||
13 | is enrolled as a student at a public or nonpublic secondary | ||||||
14 | school and the accused held a position of trust, authority, or | ||||||
15 | supervision in relation to the victim in connection with an | ||||||
16 | educational or extracurricular program or activity, regardless | ||||||
17 | of the location of the commission of the act. | ||||||
18 | (g) Sentence. Aggravated criminal sexual abuse is a Class | ||||||
19 | 2 felony.
| ||||||
20 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
21 | (720 ILCS 5/11-25) | ||||||
22 | Sec. 11-25. Grooming. | ||||||
23 | (a) A person commits grooming when he or she knowingly | ||||||
24 | uses a computer on-line service, Internet service, local | ||||||
25 | bulletin board service, or any other device capable of |
| |||||||
| |||||||
1 | electronic data storage or transmission or performs an act in | ||||||
2 | person or by conduct through a third party to seduce, solicit, | ||||||
3 | lure, or entice, or attempt to seduce, solicit, lure, or | ||||||
4 | entice, a child, a child's guardian, or another person | ||||||
5 | believed by the person to be a child or a child's guardian, to | ||||||
6 | commit any sex offense as defined in Section 2 of the Sex | ||||||
7 | Offender Registration Act, to distribute photographs depicting | ||||||
8 | the sex organs of the child, or to otherwise engage in any | ||||||
9 | unlawful sexual conduct with a child or with another person | ||||||
10 | believed by the person to be a child. As used in this Section, | ||||||
11 | "child" means a person under 17 years of age. | ||||||
12 | (b) Sentence. Grooming is a Class 4 felony.
| ||||||
13 | (Source: P.A. 100-428, eff. 1-1-18 .)
| ||||||
14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law, except that Section 5 takes effect on July 1, | ||||||
16 | 2022.".
|