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

HB1975enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB1975 EnrolledLRB102 16364 CMG 21751 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Faith's Law.
 
5    Section 5. The School Code is amended by adding Sections
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
16resources available in their community. The resource guide
17shall, at a minimum, provide all of the following information:
18        (1) Contact information, the location, and a list of
19    the services provided by or available through accredited
20    children's advocacy centers.
21        (2) Contact information and a list of the services
22    offered by organizations that provide medical evaluations

 

 

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1    and treatment to victims of child sexual abuse.
2        (3) Contact information and a list of the services
3    offered by organizations that provide mental health
4    evaluations and services to victims and the families of
5    victims of child sexual abuse.
6        (4) Contact information of organizations that offer
7    legal assistance to and provide advocacy on behalf of
8    victims of child sexual abuse.
9    (b) At the beginning of the school year, each school
10district, charter school, or nonpublic school shall notify the
11parents or guardians of enrolled students of the availability
12of the resource guide. Each school district, charter school,
13or nonpublic school shall furnish the resource guide to a
14student's parent or guardian at the request of the parent or
15guardian and may also make the resource guide available on its
16Internet website.
17    (c) The State Board of Education shall periodically review
18the information contained in the resource guide and update the
19information as necessary.
 
20    (105 ILCS 5/21B-45)
21    Sec. 21B-45. Professional Educator License renewal.
22    (a) Individuals holding a Professional Educator License
23are required to complete the licensure renewal requirements as
24specified in this Section, unless otherwise provided in this
25Code.

 

 

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1    Individuals holding a Professional Educator License shall
2meet the renewal requirements set forth in this Section,
3unless otherwise provided in this Code. If an individual holds
4a license endorsed in more than one area that has different
5renewal requirements, that individual shall follow the renewal
6requirements for the position for which he or she spends the
7majority of his or her time working.
8    (b) All Professional Educator Licenses not renewed as
9provided in this Section shall lapse on September 1 of that
10year. Notwithstanding any other provisions of this Section, if
11a license holder's electronic mail address is available, the
12State Board of Education shall send him or her notification
13electronically that his or her license will lapse if not
14renewed, to be sent no more than 6 months prior to the license
15lapsing. Lapsed licenses may be immediately reinstated upon
16(i) payment by the applicant of a $500 penalty to the State
17Board of Education or (ii) the demonstration of proficiency by
18completing 9 semester hours of coursework from a regionally
19accredited institution of higher education in the content area
20that most aligns with one or more of the educator's
21endorsement areas. Any and all back fees, including without
22limitation registration fees owed from the time of expiration
23of the license until the date of reinstatement, shall be paid
24and kept in accordance with the provisions in Article 3 of this
25Code concerning an institute fund and the provisions in
26Article 21B of this Code concerning fees and requirements for

 

 

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1registration. Licenses not registered in accordance with
2Section 21B-40 of this Code shall lapse after a period of 6
3months from the expiration of the last year of registration or
4on January 1 of the fiscal year following initial issuance of
5the license. An unregistered license is invalid after
6September 1 for employment and performance of services in an
7Illinois public or State-operated school or cooperative and in
8a charter school. Any license or endorsement may be
9voluntarily surrendered by the license holder. A voluntarily
10surrendered license shall be treated as a revoked license. An
11Educator License with Stipulations with only a
12paraprofessional endorsement does not lapse.
13    (c) From July 1, 2013 through June 30, 2014, in order to
14satisfy the requirements for licensure renewal provided for in
15this Section, each professional educator licensee with an
16administrative endorsement who is working in a position
17requiring such endorsement shall complete one Illinois
18Administrators' Academy course, as described in Article 2 of
19this Code, per fiscal year.
20    (c-5) All licenses issued by the State Board of Education
21under this Article that expire on June 30, 2020 and have not
22been renewed by the end of the 2020 renewal period shall be
23extended for one year and shall expire on June 30, 2021.
24    (d) Beginning July 1, 2014, in order to satisfy the
25requirements for licensure renewal provided for in this
26Section, each professional educator licensee may create a

 

 

HB1975 Enrolled- 5 -LRB102 16364 CMG 21751 b

1professional development plan each year. The plan shall
2address one or more of the endorsements that are required of
3his or her educator position if the licensee is employed and
4performing services in an Illinois public or State-operated
5school or cooperative. If the licensee is employed in a
6charter school, the plan shall address that endorsement or
7those endorsements most closely related to his or her educator
8position. Licensees employed and performing services in any
9other Illinois schools may participate in the renewal
10requirements by adhering to the same process.
11    Except as otherwise provided in this Section, the
12licensee's professional development activities shall align
13with one or more of the following criteria:
14        (1) activities are of a type that engage participants
15    over a sustained period of time allowing for analysis,
16    discovery, and application as they relate to student
17    learning, social or emotional achievement, or well-being;
18        (2) professional development aligns to the licensee's
19    performance;
20        (3) outcomes for the activities must relate to student
21    growth or district improvement;
22        (4) activities align to State-approved standards; and
23        (5) higher education coursework.
24    (e) For each renewal cycle, each professional educator
25licensee shall engage in professional development activities.
26Prior to renewal, the licensee shall enter electronically into

 

 

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1the Educator Licensure Information System (ELIS) the name,
2date, and location of the activity, the number of professional
3development hours, and the provider's name. The following
4provisions shall apply concerning professional development
5activities:
6        (1) Each licensee shall complete a total of 120 hours
7    of professional development per 5-year renewal cycle in
8    order to renew the license, except as otherwise provided
9    in this Section.
10        (2) Beginning with his or her first full 5-year cycle,
11    any licensee with an administrative endorsement who is not
12    working in a position requiring such endorsement is not
13    required to complete Illinois Administrators' Academy
14    courses, as described in Article 2 of this Code. Such
15    licensees must complete one Illinois Administrators'
16    Academy course within one year after returning to a
17    position that requires the administrative endorsement.
18        (3) Any licensee with an administrative endorsement
19    who is working in a position requiring such endorsement or
20    an individual with a Teacher Leader endorsement serving in
21    an administrative capacity at least 50% of the day shall
22    complete one Illinois Administrators' Academy course, as
23    described in Article 2 of this Code, each fiscal year in
24    addition to 100 hours of professional development per
25    5-year renewal cycle in accordance with this Code.
26        (4) Any licensee holding a current National Board for

 

 

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1    Professional Teaching Standards (NBPTS) master teacher
2    designation shall complete a total of 60 hours of
3    professional development per 5-year renewal cycle in order
4    to renew the license.
5        (5) Licensees working in a position that does not
6    require educator licensure or working in a position for
7    less than 50% for any particular year are considered to be
8    exempt and shall be required to pay only the registration
9    fee in order to renew and maintain the validity of the
10    license.
11        (6) Licensees who are retired and qualify for benefits
12    from a State of Illinois retirement system shall notify
13    the State Board of Education using ELIS, and the license
14    shall be maintained in retired status. For any renewal
15    cycle in which a licensee retires during the renewal
16    cycle, the licensee must complete professional development
17    activities on a prorated basis depending on the number of
18    years during the renewal cycle the educator held an active
19    license. If a licensee retires during a renewal cycle, the
20    licensee must notify the State Board of Education using
21    ELIS that the licensee wishes to maintain the license in
22    retired status and must show proof of completion of
23    professional development activities on a prorated basis
24    for all years of that renewal cycle for which the license
25    was active. An individual with a license in retired status
26    shall not be required to complete professional development

 

 

HB1975 Enrolled- 8 -LRB102 16364 CMG 21751 b

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

 

 

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1    deficient hours and Illinois Administrators' Academy
2    courses while continuing to work in a position that
3    requires that license until September 1 of that year.
4        (8) Any licensee who has not fulfilled the
5    professional development renewal requirements set forth in
6    this Section at the end of any 5-year renewal cycle is
7    ineligible to register his or her license and may submit
8    an appeal to the State Superintendent of Education for
9    reinstatement of the license.
10        (9) If professional development opportunities were
11    unavailable to a licensee, proof that opportunities were
12    unavailable and request for an extension of time beyond
13    August 31 to complete the renewal requirements may be
14    submitted from April 1 through June 30 of that year to the
15    State Educator Preparation and Licensure Board. If an
16    extension is approved, the license shall remain valid
17    during the extension period.
18        (10) Individuals who hold exempt licenses prior to
19    December 27, 2013 (the effective date of Public Act
20    98-610) shall commence the annual renewal process with the
21    first scheduled registration due after December 27, 2013
22    (the effective date of Public Act 98-610).
23        (11) Notwithstanding any other provision of this
24    subsection (e), if a licensee earns more than the required
25    number of professional development hours during a renewal
26    cycle, then the licensee may carry over any hours earned

 

 

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1    from April 1 through June 30 of the last year of the
2    renewal cycle. Any hours carried over in this manner must
3    be applied to the next renewal cycle. Illinois
4    Administrators' Academy courses or hours earned in those
5    courses may not be carried over.
6    (f) At the time of renewal, each licensee shall respond to
7the required questions under penalty of perjury.
8    (f-5) The State Board of Education shall conduct random
9audits of licensees to verify a licensee's fulfillment of the
10professional development hours required under this Section.
11Upon completion of a random audit, if it is determined by the
12State Board of Education that the licensee did not complete
13the required number of professional development hours or did
14not provide sufficient proof of completion, the licensee shall
15be notified that his or her license has lapsed. A license that
16has lapsed under this subsection may be reinstated as provided
17in subsection (b).
18    (g) The following entities shall be designated as approved
19to provide professional development activities for the renewal
20of Professional Educator Licenses:
21        (1) The State Board of Education.
22        (2) Regional offices of education and intermediate
23    service centers.
24        (3) Illinois professional associations representing
25    the following groups that are approved by the State
26    Superintendent of Education:

 

 

HB1975 Enrolled- 11 -LRB102 16364 CMG 21751 b

1            (A) school administrators;
2            (B) principals;
3            (C) school business officials;
4            (D) teachers, including special education
5        teachers;
6            (E) school boards;
7            (F) school districts;
8            (G) parents; and
9            (H) school service personnel.
10        (4) Regionally accredited institutions of higher
11    education that offer Illinois-approved educator
12    preparation programs and public community colleges subject
13    to the Public Community College Act.
14        (5) Illinois public school districts, charter schools
15    authorized under Article 27A of this Code, and joint
16    educational programs authorized under Article 10 of this
17    Code for the purposes of providing career and technical
18    education or special education services.
19        (6) A not-for-profit organization that, as of December
20    31, 2014 (the effective date of Public Act 98-1147), has
21    had or has a grant from or a contract with the State Board
22    of Education to provide professional development services
23    in the area of English Learning to Illinois school
24    districts, teachers, or administrators.
25        (7) State agencies, State boards, and State
26    commissions.

 

 

HB1975 Enrolled- 12 -LRB102 16364 CMG 21751 b

1        (8) Museums as defined in Section 10 of the Museum
2    Disposition of Property Act.
3    (h) Approved providers under subsection (g) of this
4Section shall make available professional development
5opportunities that satisfy at least one of the following:
6        (1) increase the knowledge and skills of school and
7    district leaders who guide continuous professional
8    development;
9        (2) improve the learning of students;
10        (3) organize adults into learning communities whose
11    goals are aligned with those of the school and district;
12        (4) deepen educator's content knowledge;
13        (5) provide educators with research-based
14    instructional strategies to assist students in meeting
15    rigorous academic standards;
16        (6) prepare educators to appropriately use various
17    types of classroom assessments;
18        (7) use learning strategies appropriate to the
19    intended goals;
20        (8) provide educators with the knowledge and skills to
21    collaborate;
22        (9) prepare educators to apply research to decision
23    making; or
24        (10) provide educators with training on inclusive
25    practices in the classroom that examines instructional and
26    behavioral strategies that improve academic and

 

 

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1    social-emotional outcomes for all students, with or
2    without disabilities, in a general education setting; or .
3        (11) beginning on July 1, 2022, provide educators with
4    training on the physical and mental health needs of
5    students, student safety, educator ethics, professional
6    conduct, and other topics that address the well-being of
7    students and improve the academic and social-emotional
8    outcomes of students.
9    (i) Approved providers under subsection (g) of this
10Section shall do the following:
11        (1) align professional development activities to the
12    State-approved national standards for professional
13    learning;
14        (2) meet the professional development criteria for
15    Illinois licensure renewal;
16        (3) produce a rationale for the activity that explains
17    how it aligns to State standards and identify the
18    assessment for determining the expected impact on student
19    learning or school improvement;
20        (4) maintain original documentation for completion of
21    activities;
22        (5) provide license holders with evidence of
23    completion of activities;
24        (6) request an Illinois Educator Identification Number
25    (IEIN) for each educator during each professional
26    development activity; and

 

 

HB1975 Enrolled- 14 -LRB102 16364 CMG 21751 b

1        (7) beginning on July 1, 2019, register annually with
2    the State Board of Education prior to offering any
3    professional development opportunities in the current
4    fiscal year.
5    (j) The State Board of Education shall conduct annual
6audits of a subset of approved providers, except for school
7districts, which shall be audited by regional offices of
8education and intermediate service centers. The State Board of
9Education shall ensure that each approved provider, except for
10a school district, is audited at least once every 5 years. The
11State Board of Education may conduct more frequent audits of
12providers if evidence suggests the requirements of this
13Section or administrative rules are not being met.
14        (1) (Blank).
15        (2) Approved providers shall comply with the
16    requirements in subsections (h) and (i) of this Section by
17    annually submitting data to the State Board of Education
18    demonstrating how the professional development activities
19    impacted one or more of the following:
20            (A) educator and student growth in regards to
21        content knowledge or skills, or both;
22            (B) educator and student social and emotional
23        growth; or
24            (C) alignment to district or school improvement
25        plans.
26        (3) The State Superintendent of Education shall review

 

 

HB1975 Enrolled- 15 -LRB102 16364 CMG 21751 b

1    the annual data collected by the State Board of Education,
2    regional offices of education, and intermediate service
3    centers in audits to determine if the approved provider
4    has met the criteria and should continue to be an approved
5    provider or if further action should be taken as provided
6    in rules.
7    (k) Registration fees shall be paid for the next renewal
8cycle between April 1 and June 30 in the last year of each
95-year renewal cycle using ELIS. If all required professional
10development hours for the renewal cycle have been completed
11and entered by the licensee, the licensee shall pay the
12registration fees for the next cycle using a form of credit or
13debit card.
14    (l) Any professional educator licensee endorsed for school
15support personnel who is employed and performing services in
16Illinois public schools and who holds an active and current
17professional license issued by the Department of Financial and
18Professional Regulation or a national certification board, as
19approved by the State Board of Education, related to the
20endorsement areas on the Professional Educator License shall
21be deemed to have satisfied the continuing professional
22development requirements provided for in this Section. Such
23individuals shall be required to pay only registration fees to
24renew the Professional Educator License. An individual who
25does not hold a license issued by the Department of Financial
26and Professional Regulation shall complete professional

 

 

HB1975 Enrolled- 16 -LRB102 16364 CMG 21751 b

1development requirements for the renewal of a Professional
2Educator License provided for in this Section.
3    (m) Appeals to the State Educator Preparation and
4Licensure Board must be made within 30 days after receipt of
5notice from the State Superintendent of Education that a
6license will not be renewed based upon failure to complete the
7requirements of this Section. A licensee may appeal that
8decision to the State Educator Preparation and Licensure Board
9in a manner prescribed by rule.
10        (1) Each appeal shall state the reasons why the State
11    Superintendent's decision should be reversed and shall be
12    sent by certified mail, return receipt requested, to the
13    State Board of Education.
14        (2) The State Educator Preparation and Licensure Board
15    shall review each appeal regarding renewal of a license
16    within 90 days after receiving the appeal in order to
17    determine whether the licensee has met the requirements of
18    this Section. The State Educator Preparation and Licensure
19    Board may hold an appeal hearing or may make its
20    determination based upon the record of review, which shall
21    consist of the following:
22            (A) the regional superintendent of education's
23        rationale for recommending nonrenewal of the license,
24        if applicable;
25            (B) any evidence submitted to the State
26        Superintendent along with the individual's electronic

 

 

HB1975 Enrolled- 17 -LRB102 16364 CMG 21751 b

1        statement of assurance for renewal; and
2            (C) the State Superintendent's rationale for
3        nonrenewal of the license.
4        (3) The State Educator Preparation and Licensure Board
5    shall notify the licensee of its decision regarding
6    license renewal by certified mail, return receipt
7    requested, no later than 30 days after reaching a
8    decision. Upon receipt of notification of renewal, the
9    licensee, using ELIS, shall pay the applicable
10    registration fee for the next cycle using a form of credit
11    or debit card.
12    (n) The State Board of Education may adopt rules as may be
13necessary to implement this Section.
14(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
15100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
161-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
 
17    (105 ILCS 5/22-85.5 new)
18    Sec. 22-85.5. Sexual misconduct in schools.
19    (a) This Section applies beginning on July 1, 2022.
20    (b) The General Assembly finds that:
21        (1) the success of students in school relies on safe
22    learning environments and healthy relationships with
23    school personnel;
24        (2) it is important for staff to maintain a
25    professional relationship with students at all times and

 

 

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1    to define staff-student boundaries to protect students
2    from sexual misconduct by staff and staff from the
3    appearance of impropriety;
4        (3) many breaches of staff-student boundaries do not
5    rise to the level of criminal behavior but do pose a
6    potential risk to student safety;
7        (4) repeated violations of staff–student boundaries
8    can indicate the grooming of a student for sexual abuse;
9        (5) it is necessary to uphold the State Board of
10    Education's Code of Ethics for Illinois Educators and for
11    each school district, charter school, or nonpublic school
12    to have an employee code of professional conduct policy;
13        (6) each school district, charter school, or nonpublic
14    school must have the ability to discipline educators for
15    breaches of its employee code of professional conduct
16    policy;
17        (7) each school district, charter school, or nonpublic
18    school must have the ability to know if any of its
19    educators have violated professional staff–student
20    boundaries in previous employment; and
21        (8) as bystanders, educators may have knowledge of
22    concerning behaviors that no one else is aware of, so they
23    need adequate training on sexual abuse, the employee code
24    of professional conduct policy, and federal and State
25    reporting requirements.
26    (c) In this Section, "sexual misconduct" means any act,

 

 

HB1975 Enrolled- 19 -LRB102 16364 CMG 21751 b

1including, but not limited to, any verbal, nonverbal, written,
2or electronic communication or physical activity, by an
3employee or agent of the school district, charter school, or
4nonpublic school with direct contact with a student that is
5directed toward or with a student to establish a romantic or
6sexual relationship with the student. Such an act includes,
7but is not limited to, any of the following:
8        (1) A sexual or romantic invitation.
9        (2) Dating or soliciting a date.
10        (3) Engaging in sexualized or romantic dialog.
11        (4) Making sexually suggestive comments that are
12    directed toward or with a student.
13        (5) Self-disclosure or physical exposure of a sexual,
14    romantic, or erotic nature.
15        (6) A sexual, indecent, romantic, or erotic contact
16    with the student.
17    (d) To prevent sexual misconduct with students, each
18school district, charter school, or nonpublic school shall
19develop an employee code of professional conduct policy that
20addresses all of the following:
21        (1) Incorporates the Code of Ethics for Illinois
22    Educators.
23        (2) Incorporates the definition of "sexual misconduct"
24    in this Section.
25        (3) Identifies the expectations for employees and
26    agents of the school district, charter school, or

 

 

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1    nonpublic school regarding how to maintain a professional
2    relationship with students, including the expectations for
3    staff-student boundaries, recognizing the age and
4    developmental level of the students served, and
5    establishes guidelines for all of the following
6    situations:
7            (A) Transporting a student.
8            (B) Taking or possessing a photo or a video of a
9        student.
10            (C) Meeting with a student or contacting a student
11        outside of the employee's or agent's professional
12        role.
13        (4) References the employee reporting requirements
14    required under the Abused and Neglected Child Reporting
15    Act and under Title IX of the federal Education Amendments
16    of 1972.
17        (5) References required employee training that is
18    related to child abuse and educator ethics that are
19    applicable under State and federal law.
20    (e) The employee code of professional conduct policy must
21be posted on the website, if any, of each school district,
22charter school, or nonpublic school and must be included in
23any staff, student, or parent handbook provided by the school
24district, charter school, or nonpublic, nonsectarian
25elementary or secondary school.
26    (f) A violation of the employee code of professional

 

 

HB1975 Enrolled- 21 -LRB102 16364 CMG 21751 b

1conduct policy may subject an employee to disciplinary action
2up to and including dismissal from employment. Failure to
3report a violation of the employee code of professional
4conduct policy may subject an employee to disciplinary action
5up to and including dismissal from employment.
 
6    (105 ILCS 5/27A-5)
7    Sec. 27A-5. Charter school; legal entity; requirements.
8    (a) A charter school shall be a public, nonsectarian,
9nonreligious, non-home based, and non-profit school. A charter
10school shall be organized and operated as a nonprofit
11corporation or other discrete, legal, nonprofit entity
12authorized under the laws of the State of Illinois.
13    (b) A charter school may be established under this Article
14by creating a new school or by converting an existing public
15school or attendance center to charter school status.
16Beginning on April 16, 2003 (the effective date of Public Act
1793-3), in all new applications to establish a charter school
18in a city having a population exceeding 500,000, operation of
19the charter school shall be limited to one campus. The changes
20made to this Section by Public Act 93-3 do not apply to charter
21schools existing or approved on or before April 16, 2003 (the
22effective date of Public Act 93-3).
23    (b-5) In this subsection (b-5), "virtual-schooling" means
24a cyber school where students engage in online curriculum and
25instruction via the Internet and electronic communication with

 

 

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1their teachers at remote locations and with students
2participating at different times.
3    From April 1, 2013 through December 31, 2016, there is a
4moratorium on the establishment of charter schools with
5virtual-schooling components in school districts other than a
6school district organized under Article 34 of this Code. This
7moratorium does not apply to a charter school with
8virtual-schooling components existing or approved prior to
9April 1, 2013 or to the renewal of the charter of a charter
10school with virtual-schooling components already approved
11prior to April 1, 2013.
12    (c) A charter school shall be administered and governed by
13its board of directors or other governing body in the manner
14provided in its charter. The governing body of a charter
15school shall be subject to the Freedom of Information Act and
16the Open Meetings Act. No later than January 1, 2021 (one year
17after the effective date of Public Act 101-291), a charter
18school's board of directors or other governing body must
19include at least one parent or guardian of a pupil currently
20enrolled in the charter school who may be selected through the
21charter school or a charter network election, appointment by
22the charter school's board of directors or other governing
23body, or by the charter school's Parent Teacher Organization
24or its equivalent.
25    (c-5) No later than January 1, 2021 (one year after the
26effective date of Public Act 101-291) or within the first year

 

 

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1of his or her first term, every voting member of a charter
2school's board of directors or other governing body shall
3complete a minimum of 4 hours of professional development
4leadership training to ensure that each member has sufficient
5familiarity with the board's or governing body's role and
6responsibilities, including financial oversight and
7accountability of the school, evaluating the principal's and
8school's performance, adherence to the Freedom of Information
9Act and the Open Meetings Act, and compliance with education
10and labor law. In each subsequent year of his or her term, a
11voting member of a charter school's board of directors or
12other governing body shall complete a minimum of 2 hours of
13professional development training in these same areas. The
14training under this subsection may be provided or certified by
15a statewide charter school membership association or may be
16provided or certified by other qualified providers approved by
17the State Board of Education.
18    (d) For purposes of this subsection (d), "non-curricular
19health and safety requirement" means any health and safety
20requirement created by statute or rule to provide, maintain,
21preserve, or safeguard safe or healthful conditions for
22students and school personnel or to eliminate, reduce, or
23prevent threats to the health and safety of students and
24school personnel. "Non-curricular health and safety
25requirement" does not include any course of study or
26specialized instructional requirement for which the State

 

 

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1Board has established goals and learning standards or which is
2designed primarily to impart knowledge and skills for students
3to master and apply as an outcome of their education.
4    A charter school shall comply with all non-curricular
5health and safety requirements applicable to public schools
6under the laws of the State of Illinois. On or before September
71, 2015, the State Board shall promulgate and post on its
8Internet website a list of non-curricular health and safety
9requirements that a charter school must meet. The list shall
10be updated annually no later than September 1. Any charter
11contract between a charter school and its authorizer must
12contain a provision that requires the charter school to follow
13the list of all non-curricular health and safety requirements
14promulgated by the State Board and any non-curricular health
15and safety requirements added by the State Board to such list
16during the term of the charter. Nothing in this subsection (d)
17precludes an authorizer from including non-curricular health
18and safety requirements in a charter school contract that are
19not contained in the list promulgated by the State Board,
20including non-curricular health and safety requirements of the
21authorizing local school board.
22    (e) Except as otherwise provided in the School Code, a
23charter school shall not charge tuition; provided that a
24charter school may charge reasonable fees for textbooks,
25instructional materials, and student activities.
26    (f) A charter school shall be responsible for the

 

 

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1management and operation of its fiscal affairs including, but
2not limited to, the preparation of its budget. An audit of each
3charter school's finances shall be conducted annually by an
4outside, independent contractor retained by the charter
5school. To ensure financial accountability for the use of
6public funds, on or before December 1 of every year of
7operation, each charter school shall submit to its authorizer
8and the State Board a copy of its audit and a copy of the Form
9990 the charter school filed that year with the federal
10Internal Revenue Service. In addition, if deemed necessary for
11proper financial oversight of the charter school, an
12authorizer may require quarterly financial statements from
13each charter school.
14    (g) A charter school shall comply with all provisions of
15this Article, the Illinois Educational Labor Relations Act,
16all federal and State laws and rules applicable to public
17schools that pertain to special education and the instruction
18of English learners, and its charter. A charter school is
19exempt from all other State laws and regulations in this Code
20governing public schools and local school board policies;
21however, a charter school is not exempt from the following:
22        (1) Sections 10-21.9 and 34-18.5 of this Code
23    regarding criminal history records checks and checks of
24    the Statewide Sex Offender Database and Statewide Murderer
25    and Violent Offender Against Youth Database of applicants
26    for employment;

 

 

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1        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
2    34-84a of this Code regarding discipline of students;
3        (3) the Local Governmental and Governmental Employees
4    Tort Immunity Act;
5        (4) Section 108.75 of the General Not For Profit
6    Corporation Act of 1986 regarding indemnification of
7    officers, directors, employees, and agents;
8        (5) the Abused and Neglected Child Reporting Act;
9        (5.5) subsection (b) of Section 10-23.12 and
10    subsection (b) of Section 34-18.6 of this Code;
11        (6) the Illinois School Student Records Act;
12        (7) Section 10-17a of this Code regarding school
13    report cards;
14        (8) the P-20 Longitudinal Education Data System Act;
15        (9) Section 27-23.7 of this Code regarding bullying
16    prevention;
17        (10) Section 2-3.162 of this Code regarding student
18    discipline reporting;
19        (11) Sections 22-80 and 27-8.1 of this Code;
20        (12) Sections 10-20.60 and 34-18.53 of this Code;
21        (13) Sections 10-20.63 and 34-18.56 of this Code;
22        (14) Section 26-18 of this Code;
23        (15) Section 22-30 of this Code;
24        (16) Sections 24-12 and 34-85 of this Code;
25        (17) the Seizure Smart School Act; and
26        (18) Section 2-3.64a-10 of this Code; .

 

 

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1        (19) Section 2-3.188 of this Code; and
2        (20) Section 22-85.5 of this Code.
3    The change made by Public Act 96-104 to this subsection
4(g) is declaratory of existing law.
5    (h) A charter school may negotiate and contract with a
6school district, the governing body of a State college or
7university or public community college, or any other public or
8for-profit or nonprofit private entity for: (i) the use of a
9school building and grounds or any other real property or
10facilities that the charter school desires to use or convert
11for use as a charter school site, (ii) the operation and
12maintenance thereof, and (iii) the provision of any service,
13activity, or undertaking that the charter school is required
14to perform in order to carry out the terms of its charter.
15However, a charter school that is established on or after
16April 16, 2003 (the effective date of Public Act 93-3) and that
17operates in a city having a population exceeding 500,000 may
18not contract with a for-profit entity to manage or operate the
19school during the period that commences on April 16, 2003 (the
20effective date of Public Act 93-3) and concludes at the end of
21the 2004-2005 school year. Except as provided in subsection
22(i) of this Section, a school district may charge a charter
23school reasonable rent for the use of the district's
24buildings, grounds, and facilities. Any services for which a
25charter school contracts with a school district shall be
26provided by the district at cost. Any services for which a

 

 

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1charter school contracts with a local school board or with the
2governing body of a State college or university or public
3community college shall be provided by the public entity at
4cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be
12subject to negotiation between the charter school and the
13local school board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age
15or grade level.
16    (k) If the charter school is approved by the State Board or
17Commission, then the charter school is its own local education
18agency.
19(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
20100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
216-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
22eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
23101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
243-8-21.)
 
25    Section 10. The Abused and Neglected Child Reporting Act

 

 

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1is amended by changing Section 3 as follows:
 
2    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
3    Sec. 3. As used in this Act unless the context otherwise
4requires:
5    "Adult resident" means any person between 18 and 22 years
6of age who resides in any facility licensed by the Department
7under the Child Care Act of 1969. For purposes of this Act, the
8criteria set forth in the definitions of "abused child" and
9"neglected child" shall be used in determining whether an
10adult resident is abused or neglected.
11    "Agency" means a child care facility licensed under
12Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
13includes a transitional living program that accepts children
14and adult residents for placement who are in the guardianship
15of the Department.
16    "Blatant disregard" means an incident where the real,
17significant, and imminent risk of harm would be so obvious to a
18reasonable parent or caretaker that it is unlikely that a
19reasonable parent or caretaker would have exposed the child to
20the danger without exercising precautionary measures to
21protect the child from harm. With respect to a person working
22at an agency in his or her professional capacity with a child
23or adult resident, "blatant disregard" includes a failure by
24the person to perform job responsibilities intended to protect
25the child's or adult resident's health, physical well-being,

 

 

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1or welfare, and, when viewed in light of the surrounding
2circumstances, evidence exists that would cause a reasonable
3person to believe that the child was neglected. With respect
4to an agency, "blatant disregard" includes a failure to
5implement practices that ensure the health, physical
6well-being, or welfare of the children and adult residents
7residing in the facility.
8    "Child" means any person under the age of 18 years, unless
9legally emancipated by reason of marriage or entry into a
10branch of the United States armed services.
11    "Department" means Department of Children and Family
12Services.
13    "Local law enforcement agency" means the police of a city,
14town, village or other incorporated area or the sheriff of an
15unincorporated area or any sworn officer of the Illinois
16Department of State Police.
17    "Abused child" means a child whose parent or immediate
18family member, or any person responsible for the child's
19welfare, or any individual residing in the same home as the
20child, or a paramour of the child's parent:
21        (a) inflicts, causes to be inflicted, or allows to be
22    inflicted upon such child physical injury, by other than
23    accidental means, which causes death, disfigurement,
24    impairment of physical or emotional health, or loss or
25    impairment of any bodily function;
26        (b) creates a substantial risk of physical injury to

 

 

HB1975 Enrolled- 31 -LRB102 16364 CMG 21751 b

1    such child by other than accidental means which would be
2    likely to cause death, disfigurement, impairment of
3    physical or emotional health, or loss or impairment of any
4    bodily function;
5        (c) commits or allows to be committed any sex offense
6    against such child, as such sex offenses are defined in
7    the Criminal Code of 2012 or in the Wrongs to Children Act,
8    and extending those definitions of sex offenses to include
9    children under 18 years of age;
10        (d) commits or allows to be committed an act or acts of
11    torture upon such child;
12        (e) inflicts excessive corporal punishment or, in the
13    case of a person working for an agency who is prohibited
14    from using corporal punishment, inflicts corporal
15    punishment upon a child or adult resident with whom the
16    person is working in his or her professional capacity;
17        (f) commits or allows to be committed the offense of
18    female genital mutilation, as defined in Section 12-34 of
19    the Criminal Code of 2012, against the child;
20        (g) causes to be sold, transferred, distributed, or
21    given to such child under 18 years of age, a controlled
22    substance as defined in Section 102 of the Illinois
23    Controlled Substances Act in violation of Article IV of
24    the Illinois Controlled Substances Act or in violation of
25    the Methamphetamine Control and Community Protection Act,
26    except for controlled substances that are prescribed in

 

 

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1    accordance with Article III of the Illinois Controlled
2    Substances Act and are dispensed to such child in a manner
3    that substantially complies with the prescription; or
4        (h) commits or allows to be committed the offense of
5    involuntary servitude, involuntary sexual servitude of a
6    minor, or trafficking in persons as defined in Section
7    10-9 of the Criminal Code of 2012 against the child; or .
8        (i) commits the offense of grooming, as defined in
9    Section 11-25 of the Criminal Code of 2012, against the
10    child.
11    A child shall not be considered abused for the sole reason
12that the child has been relinquished in accordance with the
13Abandoned Newborn Infant Protection Act.
14    "Neglected child" means any child who is not receiving the
15proper or necessary nourishment or medically indicated
16treatment including food or care not provided solely on the
17basis of the present or anticipated mental or physical
18impairment as determined by a physician acting alone or in
19consultation with other physicians or otherwise is not
20receiving the proper or necessary support or medical or other
21remedial care recognized under State law as necessary for a
22child's well-being, or other care necessary for his or her
23well-being, including adequate food, clothing and shelter; or
24who is subjected to an environment which is injurious insofar
25as (i) the child's environment creates a likelihood of harm to
26the child's health, physical well-being, or welfare and (ii)

 

 

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1the likely harm to the child is the result of a blatant
2disregard of parent, caretaker, or agency responsibilities; or
3who is abandoned by his or her parents or other person
4responsible for the child's welfare without a proper plan of
5care; or who has been provided with interim crisis
6intervention services under Section 3-5 of the Juvenile Court
7Act of 1987 and whose parent, guardian, or custodian refuses
8to permit the child to return home and no other living
9arrangement agreeable to the parent, guardian, or custodian
10can be made, and the parent, guardian, or custodian has not
11made any other appropriate living arrangement for the child;
12or who is a newborn infant whose blood, urine, or meconium
13contains any amount of a controlled substance as defined in
14subsection (f) of Section 102 of the Illinois Controlled
15Substances Act or a metabolite thereof, with the exception of
16a controlled substance or metabolite thereof whose presence in
17the newborn infant is the result of medical treatment
18administered to the mother or the newborn infant. A child
19shall not be considered neglected for the sole reason that the
20child's parent or other person responsible for his or her
21welfare has left the child in the care of an adult relative for
22any period of time. A child shall not be considered neglected
23for the sole reason that the child has been relinquished in
24accordance with the Abandoned Newborn Infant Protection Act. A
25child shall not be considered neglected or abused for the sole
26reason that such child's parent or other person responsible

 

 

HB1975 Enrolled- 34 -LRB102 16364 CMG 21751 b

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

 

 

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1person responsible for the child's welfare at the time of the
2alleged abuse or neglect, including any person that is the
3custodian of a child under 18 years of age who commits or
4allows to be committed, against the child, the offense of
5involuntary servitude, involuntary sexual servitude of a
6minor, or trafficking in persons for forced labor or services,
7as provided in Section 10-9 of the Criminal Code of 2012, or
8any person who came to know the child through an official
9capacity or position of trust, including but not limited to
10health care professionals, educational personnel, recreational
11supervisors, members of the clergy, and volunteers or support
12personnel in any setting where children may be subject to
13abuse or neglect.
14    "Temporary protective custody" means custody within a
15hospital or other medical facility or a place previously
16designated for such custody by the Department, subject to
17review by the Court, including a licensed foster home, group
18home, or other institution; but such place shall not be a jail
19or other place for the detention of criminal or juvenile
20offenders.
21    "An unfounded report" means any report made under this Act
22for which it is determined after an investigation that no
23credible evidence of abuse or neglect exists.
24    "An indicated report" means a report made under this Act
25if an investigation determines that credible evidence of the
26alleged abuse or neglect exists.

 

 

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1    "An undetermined report" means any report made under this
2Act in which it was not possible to initiate or complete an
3investigation on the basis of information provided to the
4Department.
5    "Subject of report" means any child reported to the
6central register of child abuse and neglect established under
7Section 7.7 of this Act as an alleged victim of child abuse or
8neglect and the parent or guardian of the alleged victim or
9other person responsible for the alleged victim's welfare who
10is named in the report or added to the report as an alleged
11perpetrator of child abuse or neglect.
12    "Perpetrator" means a person who, as a result of
13investigation, has been determined by the Department to have
14caused child abuse or neglect.
15    "Member of the clergy" means a clergyman or practitioner
16of any religious denomination accredited by the religious body
17to which he or she belongs.
18(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 
19    Section 15. The Criminal Code of 2012 is amended by
20changing Section 11-25 as follows:
 
21    (720 ILCS 5/11-25)
22    Sec. 11-25. Grooming.
23    (a) A person commits grooming when he or she knowingly
24uses a computer on-line service, Internet service, local

 

 

HB1975 Enrolled- 37 -LRB102 16364 CMG 21751 b

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