HB5578 101ST GENERAL ASSEMBLY

LRB101 15683 NHT 66675 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5578

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-89 new

Amends the School Code. Prohibits an employee of a public or nonpublic elementary or secondary school from engaging in sexual contact or sexual conduct with a student who is enrolled at the school or who is a participant in a student activity sponsored by the school or the school district, unless the employee is no more than 3 years older than the student or participant and, at the time of the contact or conduct, the employee and the student or participant were in a romantic relationship that began before the employee was with the school or school district. Provides that this prohibition applies regardless of whether the student consents to the sexual contact or conduct and regardless of the student's age. Sets forth provisions concerning reporting and training. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by adding Section 22-89 as follows:

(105 ILCS 5/22-89 new)

Sec. 22-89. Prohibited sexual conduct by school employees; training.

(a) In this Section:

"Employee" means a person who is employed by, volunteering at, or under contract with a school, with or without proper licensure or certification, or who otherwise operates with the permission of a school authority, including, but not limited to, a teacher, an administrator, support staff, or a volunteer.

"School" means a public or nonpublic elementary or secondary school.

"Student" means a person who is enrolled in school.

(b) An employee of a school is prohibited from engaging in sexual contact or sexual conduct with a person the employee knows, or should know, is a student at the school or is a participant in a student activity sponsored by the school or the school district, unless the employee is no more than 3 years older than the student or participant and, at the time of the contact or conduct, the employee and the student or participant were in a romantic relationship that began before the employee was with the school or school district.

The prohibition under this subsection (b) applies regardless of whether the student consents to the sexual contact or sexual conduct and regardless of the student's age. Prohibited sexual contact or sexual conduct under this subsection (b) includes, but is not limited to, touching, kissing, sexual intercourse, lewd conduct, or a romantic relationship.

Each school year, a school shall include, as part of the written school policy information it provides to its students and the parents or guardians of its students, mention of the prohibition under this subsection (b).

(c) A school shall allow a report of a suspected violation of subsection (b) of this Section to be made anonymously by a student, the parent or guardian of a student, or an employee. A school shall assign one person to whom all reports of suspected violations of subsection (b) of this Section are to be made. That person shall ensure that all reports of suspected violations of subsection (b) of this Section are filed in a single location and shall forward those reports to the regional superintendent of schools of the educational service region where the school is located.

(d) A school shall provide annual training on all of the following to all employees who interact with students:

(1) How to physically prevent a violation of subsection (b) of this Section by taking measures to ensure classrooms are secure and empty after students have left the school building after school hours and by preventing an employee and a student from being alone in a classroom, particularly after school hours.

(2) Clearly defined examples of violations of subsection (b) of this Section and the consequences for violating subsection (b) of this Section and examples of how a violation of subsection (b) of this Section leads to sexual abuse.

(3) An explanation of and role-playing the necessary vigilance needed to see and report suspected violations of subsection (b) of this Section by not being reluctant to be wrong and to cause potential harm to a colleague because the alternative is being wrong and potentially harming a student.

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