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

HB1975 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB1975

 

Introduced 2/17/2021, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.182 new
105 ILCS 5/3-11  from Ch. 122, par. 3-11
105 ILCS 5/10-19.1  from Ch. 122, par. 10-19.1
105 ILCS 5/10-23.13
105 ILCS 5/21B-45
105 ILCS 5/22-85.5 new
105 ILCS 5/22-90 new
105 ILCS 5/27-9.1  from Ch. 122, par. 27-9.1
105 ILCS 5/27A-5
720 ILCS 5/11-1.20     was 720 ILCS 5/12-13
720 ILCS 5/11-1.60  was 720 ILCS 5/12-16
720 ILCS 5/11-25

    Amends the School Code to require the State Board of Education to prepare a parent resource guide to provide a centralized source of the assistance, support, advocacy, and resources available to the parent or guardian of a student who is or may be the victim of sexual abuse. Provides for up to 2 teachers institute days for child abuse prevention training and sexual harassment prevention training, and requires training for school personnel on child sexual abuse. Provides for professional development opportunities concerning the well-being of students. Adds provisions concerning sexual misconduct in schools, including requiring a school district to develop a code of conduct, an employment history review, and what a sex education class must teach. Amends the Criminal Code of 2012 to add certain acts to the offenses of criminal sexual assault, aggravated criminal sexual abuse, and grooming. Effective immediately.


LRB102 16364 CMG 21751 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB1975LRB102 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
62-3.182, 22-85.5, and 22-90 and by changing Sections 3-11,
710-19.1, 10-23.13, 21B-45, 27-9.1, and 27A-5 and as follows:
 
8    (105 ILCS 5/2-3.182 new)
9    Sec. 2-3.182. Parent resource guide.
10    (a) To provide a centralized source of the assistance,
11support, advocacy, and resources available to the parent or
12guardian of a student who is or may be the victim of sexual
13abuse, the State Board of Education shall prepare and make
14available to all public and nonpublic schools a parent
15resource guide in both English and Spanish. The parent
16resource guide shall, at a minimum, provide all of the
17following information:
18        (1) Contact information, the location, and a list of
19    the services provided by or available through qualified
20    children's advocacy centers.
21        (2) Contact information and a list of the services
22    offered by organizations that provide medical evaluations

 

 

HB1975- 2 -LRB102 16364 CMG 21751 b

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    The parent resource guide shall include checklists, flow
10charts, and narratives to assist parents and guardians in
11accessing and understanding the information.
12    (b) The parent resource guide shall be made available to
13schools before the beginning of each school year. At the
14beginning of the school year, each public and nonpublic school
15shall notify the parents or guardians of students enrolled at
16the school of the availability of the parent resource guide.
17The school shall furnish the parent resource guide to a
18student's parent or guardian at the request of the parent or
19guardian. A school may also make the parent resource guide
20available on its Internet website.
21    (c) The State Board of Education shall annually review the
22information contained in the parent resource guide and update
23the information as necessary.
 
24    (105 ILCS 5/3-11)  (from Ch. 122, par. 3-11)
25    Sec. 3-11. Institutes or inservice training workshops. In

 

 

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1counties of less than 2,000,000 inhabitants, the regional
2superintendent may arrange for or conduct district, regional,
3or county institutes, or equivalent professional educational
4experiences, not more than 6 4 days annually. Of those 6 4
5days, 2 days may be used as a teacher's and educational support
6personnel workshop, when approved by the regional
7superintendent, up to 2 days may be used for conducting
8parent-teacher conferences, or up to 2 days may be utilized as
9parental institute days as provided in Section 10-22.18d, or
10up to 2 days may be utilized for child abuse prevention
11training and sexual harassment prevention training.
12Educational support personnel may be exempt from a workshop if
13the workshop is not relevant to the work they do. A school
14district may use one of its 6 4 institute days on the last day
15of the school term. "Institute" or "Professional educational
16experiences" means any educational gathering, demonstration of
17methods of instruction, visitation of schools or other
18institutions or facilities, sexual abuse and sexual assault
19awareness seminar, or training in First Aid (which may include
20cardiopulmonary resuscitation or defibrillator training) held
21or approved by the regional superintendent and declared by him
22to be an institute day, or parent-teacher conferences. With
23the concurrence of the State Superintendent of Education, he
24or she may employ such assistance as is necessary to conduct
25the institute. Two or more adjoining counties may jointly hold
26an institute. Institute instruction shall be free to holders

 

 

HB1975- 4 -LRB102 16364 CMG 21751 b

1of licenses good in the county or counties holding the
2institute and to those who have paid an examination fee and
3failed to receive a license.
4    In counties of 2,000,000 or more inhabitants, the regional
5superintendent may arrange for or conduct district, regional,
6or county inservice training workshops, or equivalent
7professional educational experiences, not more than 6 4 days
8annually. Of those 6 4 days, 2 days may be used as a teacher's
9and educational support personnel workshop, when approved by
10the regional superintendent, up to 2 days may be used for
11conducting parent-teacher conferences, or up to 2 days may be
12utilized as parental institute days as provided in Section
1310-22.18d, or up to 2 days may be utilized for child abuse
14prevention training and sexual harassment prevention training.
15Educational support personnel may be exempt from a workshop if
16the workshop is not relevant to the work they do. A school
17district may use one of those 6 4 days on the last day of the
18school term. "Inservice Training Workshops" or "Professional
19educational experiences" means any educational gathering,
20demonstration of methods of instruction, visitation of schools
21or other institutions or facilities, sexual abuse and sexual
22assault awareness seminar, or training in First Aid (which may
23include cardiopulmonary resuscitation or defibrillator
24training) held or approved by the regional superintendent and
25declared by him to be an inservice training workshop, or
26parent-teacher conferences. With the concurrence of the State

 

 

HB1975- 5 -LRB102 16364 CMG 21751 b

1Superintendent of Education, he may employ such assistance as
2is necessary to conduct the inservice training workshop. With
3the approval of the regional superintendent, 2 or more
4adjoining districts may jointly hold an inservice training
5workshop. In addition, with the approval of the regional
6superintendent, one district may conduct its own inservice
7training workshop with subject matter consultants requested
8from the county, State or any State institution of higher
9learning.
10    Such teachers institutes as referred to in this Section
11may be held on consecutive or separate days at the option of
12the regional superintendent having jurisdiction thereof.
13    Whenever reference is made in this Act to "teachers
14institute", it shall be construed to include the inservice
15training workshops or equivalent professional educational
16experiences provided for in this Section.
17    Any institute advisory committee existing on April 1,
181995, is dissolved and the duties and responsibilities of the
19institute advisory committee are assumed by the regional
20office of education advisory board.
21    Districts providing inservice training programs shall
22constitute inservice committees, 1/2 of which shall be
23teachers, 1/4 school service personnel and 1/4 administrators
24to establish program content and schedules.
25    The teachers institutes shall include teacher training
26committed to (i) peer counseling programs and other

 

 

HB1975- 6 -LRB102 16364 CMG 21751 b

1anti-violence and conflict resolution programs, including
2without limitation programs for preventing at risk students
3from committing violent acts, and (ii) educator ethics and
4teacher-student conduct. Beginning with the 2009-2010 school
5year, the teachers institutes shall include instruction on
6prevalent student chronic health conditions. Beginning with
7the 2016-2017 school year, the teachers institutes shall
8include, at least once every 2 years, instruction on the
9federal Americans with Disabilities Act as it pertains to the
10school environment.
11    Beginning with the 2021-2022 school year, the teachers
12institutes shall include instruction and training on the
13prevention of child abuse, the prevention of child sexual
14abuse, and the prevention of sexual harassment. The
15instruction and training must include, at a minimum, the
16following elements:
17        (1) A review of the likely warning signs indicating
18    that a child may be the victim of sexual abuse. Because the
19    abuse of a child is usually committed in isolation, there
20    are warning signs exhibited by an abused child of which
21    school personnel should be aware.
22        (2) A review of the boundary-violating behaviors that
23    may be displayed or exhibited by perpetrators of child
24    abuse, including such behaviors as grooming and coercive
25    behavior by an adult or a student.
26        (3) A discussion that sexual conduct between school

 

 

HB1975- 7 -LRB102 16364 CMG 21751 b

1    personnel and students is criminal, with a review of the
2    relevant criminal statutes.
3        (4) A discussion about the circumstances or situations
4    in which grooming is a criminal activity, with a review of
5    the relevant criminal statute.
6        (5) A discussion emphasizing that violations of
7    professional boundaries give the appearance of impropriety
8    and may be indicators of potential or ongoing abuse, with
9    a review of the definitions of sexual harassment, sexual
10    misconduct, grooming, and the school code of conduct.
11        (6) A discussion concerning how an atmosphere of
12    awareness and a commitment to identify and report abuse
13    helps protect students from abuse and misconduct, with a
14    review of the State and federal reporting requirements
15    with respect to child abuse and Title IX requirements
16    regarding the protection of students in schools from
17    sexual abuse and misconduct. The discussion shall address
18    the fear of reporting a colleague, as well as the fear of
19    reporting possible sexual abuse committed by a student.
20    These elements may overlap similar elements or topics
21covered in other required instruction and training for school
22personnel. Compliance for more than one required course of
23instruction or training may be satisfied if all required
24elements or topics are satisfied in a single course.
25(Source: P.A. 99-30, eff. 7-10-15; 99-616, eff. 7-22-16.)
 

 

 

HB1975- 8 -LRB102 16364 CMG 21751 b

1    (105 ILCS 5/10-19.1)  (from Ch. 122, par. 10-19.1)
2    Sec. 10-19.1. Full year school plan.
3    (a) Any school district may, by resolution of its board,
4operate one or more schools within the district on a full year
5school plan approved by the State Board of Education. Any
6board which operates under this subsection (a) shall devise a
7plan so that a student's required attendance in school shall
8be for a minimum term of 180 days of actual attendance,
9including not more than 6 4 institute days, during a 12 month
10period, but shall not exceed 185 days. Under such plan, no
11teacher shall be required to teach more than 185 days. A
12calendar of 180 days may be established with the approval of
13the State Board of Education.
14    (b) Any school board that operates one or more schools
15within the school district on a pilot full-year school plan
16under subsection (a-5) of Section 2-3.25f of this Code shall
17devise a plan so that a student's required attendance in
18school shall be for a minimum term of 215 days of actual
19attendance, including not more than 6 4 institute days, during
20a 12-month period. A calendar of 215 days may be established
21with the approval of the State Board of Education.
22(Source: P.A. 97-370, eff. 1-1-12.)
 
23    (105 ILCS 5/10-23.13)
24    Sec. 10-23.13. Policies addressing sexual abuse.
25    (a) To adopt and implement a policy addressing sexual

 

 

HB1975- 9 -LRB102 16364 CMG 21751 b

1abuse of children that may include age-appropriate curriculum
2for students in pre-K through 5th grade; training for school
3personnel on child sexual abuse; educational information to
4parents or guardians provided in the school handbook on the
5warning signs of a child being abused, along with any needed
6assistance, referral, or resource information; available
7counseling and resources for students affected by sexual
8abuse; and emotional and educational support for a child of
9abuse to continue to be successful in school.
10    Any policy adopted may address without limitation:
11        (1) methods for increasing teacher, student, and
12    parent awareness of issues regarding sexual abuse of
13    children, including knowledge of likely warning signs
14    indicating that a child may be a victim of sexual abuse;
15        (2) actions that a child who is a victim of sexual
16    abuse should take to obtain assistance and intervention;
17    and
18        (3) available counseling options for students affected
19    by sexual abuse.
20    (b) A school board must provide training for school
21personnel on child sexual abuse as described in subsection (a)
22no later than January 31 of each year. Subject to
23appropriation, the State Board of Education shall:
24        (1) ensure that adequate funding is available to each
25    school district to implement and provide the training; and
26        (2) monitor and enforce training implementation and

 

 

HB1975- 10 -LRB102 16364 CMG 21751 b

1    compliance in cooperation with the applicable regional
2    office of education.
3    (c) This Section may be referred to as Erin's Law.
4(Source: P.A. 96-1524, eff. 2-14-11.)
 
5    (105 ILCS 5/21B-45)
6    Sec. 21B-45. Professional Educator License renewal.
7    (a) Individuals holding a Professional Educator License
8are required to complete the licensure renewal requirements as
9specified in this Section, unless otherwise provided in this
10Code.
11    Individuals holding a Professional Educator License shall
12meet the renewal requirements set forth in this Section,
13unless otherwise provided in this Code. If an individual holds
14a license endorsed in more than one area that has different
15renewal requirements, that individual shall follow the renewal
16requirements for the position for which he or she spends the
17majority of his or her time working.
18    (b) All Professional Educator Licenses not renewed as
19provided in this Section shall lapse on September 1 of that
20year. Notwithstanding any other provisions of this Section, if
21a license holder's electronic mail address is available, the
22State Board of Education shall send him or her notification
23electronically that his or her license will lapse if not
24renewed, to be sent no more than 6 months prior to the license
25lapsing. Lapsed licenses may be immediately reinstated upon

 

 

HB1975- 11 -LRB102 16364 CMG 21751 b

1(i) payment by the applicant of a $500 penalty to the State
2Board of Education or (ii) the demonstration of proficiency by
3completing 9 semester hours of coursework from a regionally
4accredited institution of higher education in the content area
5that most aligns with one or more of the educator's
6endorsement areas. Any and all back fees, including without
7limitation registration fees owed from the time of expiration
8of the license until the date of reinstatement, shall be paid
9and kept in accordance with the provisions in Article 3 of this
10Code concerning an institute fund and the provisions in
11Article 21B of this Code concerning fees and requirements for
12registration. Licenses not registered in accordance with
13Section 21B-40 of this Code shall lapse after a period of 6
14months from the expiration of the last year of registration or
15on January 1 of the fiscal year following initial issuance of
16the license. An unregistered license is invalid after
17September 1 for employment and performance of services in an
18Illinois public or State-operated school or cooperative and in
19a charter school. Any license or endorsement may be
20voluntarily surrendered by the license holder. A voluntarily
21surrendered license shall be treated as a revoked license. An
22Educator License with Stipulations with only a
23paraprofessional endorsement does not lapse.
24    (c) From July 1, 2013 through June 30, 2014, in order to
25satisfy the requirements for licensure renewal provided for in
26this Section, each professional educator licensee with an

 

 

HB1975- 12 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 13 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 14 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 15 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 16 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 17 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 18 -LRB102 16364 CMG 21751 b

1has lapsed under this subsection may be reinstated as provided
2in subsection (b).
3    (g) The following entities shall be designated as approved
4to provide professional development activities for the renewal
5of Professional Educator Licenses:
6        (1) The State Board of Education.
7        (2) Regional offices of education and intermediate
8    service centers.
9        (3) Illinois professional associations representing
10    the following groups that are approved by the State
11    Superintendent of Education:
12            (A) school administrators;
13            (B) principals;
14            (C) school business officials;
15            (D) teachers, including special education
16        teachers;
17            (E) school boards;
18            (F) school districts;
19            (G) parents; and
20            (H) school service personnel.
21        (4) Regionally accredited institutions of higher
22    education that offer Illinois-approved educator
23    preparation programs and public community colleges subject
24    to the Public Community College Act.
25        (5) Illinois public school districts, charter schools
26    authorized under Article 27A of this Code, and joint

 

 

HB1975- 19 -LRB102 16364 CMG 21751 b

1    educational programs authorized under Article 10 of this
2    Code for the purposes of providing career and technical
3    education or special education services.
4        (6) A not-for-profit organization that, as of December
5    31, 2014 (the effective date of Public Act 98-1147), has
6    had or has a grant from or a contract with the State Board
7    of Education to provide professional development services
8    in the area of English Learning to Illinois school
9    districts, teachers, or administrators.
10        (7) State agencies, State boards, and State
11    commissions.
12        (8) Museums as defined in Section 10 of the Museum
13    Disposition of Property Act.
14    (h) Approved providers under subsection (g) of this
15Section shall make available professional development
16opportunities that satisfy at least one of the following:
17        (1) increase the knowledge and skills of school and
18    district leaders who guide continuous professional
19    development;
20        (2) improve the learning of students;
21        (3) organize adults into learning communities whose
22    goals are aligned with those of the school and district;
23        (4) deepen educator's content knowledge;
24        (5) provide educators with research-based
25    instructional strategies to assist students in meeting
26    rigorous academic standards;

 

 

HB1975- 20 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 21 -LRB102 16364 CMG 21751 b

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

 

 

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

 

 

HB1975- 23 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 24 -LRB102 16364 CMG 21751 b

1    determine whether the licensee has met the requirements of
2    this Section. The State Educator Preparation and Licensure
3    Board may hold an appeal hearing or may make its
4    determination based upon the record of review, which shall
5    consist of the following:
6            (A) the regional superintendent of education's
7        rationale for recommending nonrenewal of the license,
8        if applicable;
9            (B) any evidence submitted to the State
10        Superintendent along with the individual's electronic
11        statement of assurance for renewal; and
12            (C) the State Superintendent's rationale for
13        nonrenewal of the license.
14        (3) The State Educator Preparation and Licensure Board
15    shall notify the licensee of its decision regarding
16    license renewal by certified mail, return receipt
17    requested, no later than 30 days after reaching a
18    decision. Upon receipt of notification of renewal, the
19    licensee, using ELIS, shall pay the applicable
20    registration fee for the next cycle using a form of credit
21    or debit card.
22    (n) The State Board of Education may adopt rules as may be
23necessary to implement this Section.
24(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
25100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
261-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
 

 

 

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1    (105 ILCS 5/22-85.5 new)
2    Sec. 22-85.5. Sexual misconduct in schools.
3    (a) 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 to define boundary violations to
8    protect students from sexual misconduct and staff from the
9    appearance of impropriety;
10        (3) many breaches of professional boundaries do not
11    rise to the level of criminal behavior but do pose a
12    potential risk to student safety;
13        (4) repeated violations of staff–student boundaries
14    can indicate the grooming of a student for sexual abuse;
15        (5) to prevent abuse from occurring instead of merely
16    reporting that it has occurred, it is necessary to
17    establish a code of conduct to outline reportable
18    disciplinary offenses;
19        (6) to protect students, a school district must have
20    the ability to discipline for breaches of its code of
21    conduct;
22        (7) a school district must have the ability to know if
23    any of its educators have violated professional
24    staff–student boundaries in previous employment; and
25        (8) as bystanders, educators may have knowledge of

 

 

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1    concerning behaviors that no one else is aware of, so they
2    need adequate training on sexual abuse, the code of
3    conduct, and federal and State reporting requirements.
4    (b) In this Section, "sexual misconduct" means any act,
5including, but not limited to, any verbal, nonverbal, written,
6or electronic communication or physical activity, directed
7toward or with a student that is designed to establish a
8romantic or sexual relationship with the student. Such an act
9includes, but is not limited to, any of the following:
10        (1) A sexual or romantic invitation.
11        (2) Dating or soliciting a date.
12        (3) Engaging in sexualized or romantic dialog.
13        (4) Making sexually suggestive comments.
14        (5) Self-disclosure or physical exposure of a sexual,
15    romantic, or erotic nature.
16        (6) A sexual, indecent, romantic, or erotic contact
17    with the student.
18    (c) A school district shall develop a code of conduct to
19prevent the sexual abuse of students by identifying acceptable
20and unacceptable behavior concerning school district personnel
21with respect to relationships between employees and students
22and concerning relationships between students.
23    The school district's code of conduct and the reporting
24requirements under subsection (i) must be included in the
25district's staff and parent handbooks. The district's parent
26handbook must also include references to the criminal statutes

 

 

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1regarding grooming, criminal sexual assault, and aggravated
2criminal sexual abuse.
3    The school district shall make available to all students
4an age-appropriate version of the code of conduct by posting
5it on the district's Internet website and, if applicable, any
6other area where policies, rules, and standards of conduct are
7currently posted in each school and by including the
8age-appropriate code of conduct in the district's student
9handbook.
10    (d) A school district's code of conduct must include all
11of the following:
12        (1) Defining appropriate and inappropriate physical
13    contact for the professional role of an employee.
14        (2) Defining appropriate and inappropriate emotional
15    boundaries between employees and students, with procedures
16    addressing the following:
17            (A) The format or types of communication between
18        employees and students.
19            (B) The giving of gifts.
20            (C) Avoiding overly familiar interactions and
21        favoritism.
22            (D) When it is appropriate to refer student
23        concerns to a counselor or other designated support
24        staff.
25        (3) Defining appropriate and inappropriate boundaries
26    outside of the classroom, including the following

 

 

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1    situations:
2            (A) Meeting with a student before or after school
3        or outside of an authorized school activity.
4            (B) Visiting a residence.
5            (C) Sharing transportation.
6        (4) Defining the boundaries for virtual or remote
7    learning, including, but not limited to, describing safety
8    measures for one-on-one online meetings.
9    (e) A school district may develop campus-specific
10procedures for professional boundaries, as long as the
11procedure for each campus includes all of the elements listed
12in subsection (d). For the purposes of this Section, a
13campus-specific procedure is enforceable in the same manner as
14a district-wide policy with regard to enabling a district to
15discipline for violations of its code of conduct.
16    (f) The State Board of Education shall adopt rules that
17address and provide examples of professional boundaries in the
18Code of Ethics for Illinois Educators by expanding paragraph
19(3) of subsection (a) of Section 22.20 of Title 23 of the
20Illinois Administrative Code. The State Board may adopt
21additional rules that address an educator's contribution
22toward an atmosphere of awareness and a commitment to report
23under subsection (a) of Section 22.20 of Title 23 of the
24Illinois Administrative Code. The Code of Ethics for Illinois
25Educators may be updated annually as appropriate, such as the
26availability of new technology that warrants the further

 

 

HB1975- 29 -LRB102 16364 CMG 21751 b

1clarification of professional boundaries.
2    (g) A school district's Title IX coordinator or his or her
3designee shall record reports of violations of the district's
4code of conduct involving relationships with students. Records
5of these reports and of any subsequent investigation must be
6housed in the district's Title IX office.
7    (h) A violation of a school district's code of conduct may
8subject an employee to disciplinary action up to and including
9dismissal from employment. Failure to report a violation of
10the code of conduct may subject an employee to disciplinary
11action up to and including dismissal from employment.
12    (i) A school district employee must report to the
13Department of Children and Family Services and the district's
14Title IX coordinator any act of sexual misconduct. If a school
15board determines that a school district employee has committed
16sexual misconduct, the school board may dismiss that employee
17immediately upon that determination.
18    A school district employee must report to the Department
19of Children and Family Services and the district's Title IX
20coordinator any interaction or behavior that suggests that an
21adult has or has had an inappropriately intimate relationship
22with a student or may be grooming a student, even if the
23employee does not have a reasonable suspicion that abuse is
24occurring or has occurred, because sexual misconduct or a
25violation of the district's code of conduct may or may not rise
26to the level of abuse or neglect and the interaction or

 

 

HB1975- 30 -LRB102 16364 CMG 21751 b

1behavior may be the only indicator of impending abuse or
2ongoing abuse done in secret.
3    A school district employee must report to the Department
4of Children and Family Services and the district's Title IX
5coordinator any rumor or complaint of abuse, neglect,
6grooming, or youth-on-youth criminal behavior because a rumor
7may be the only actionable warning that a bystander receives
8to make a report and to prevent or stop the abuse of a student.
9    Reporting to a supervisor does not satisfy the reporting
10requirements of this subsection (i).
11    A school district's code of conduct must reference the
12reporting requirements for mandated reporters and Title IX
13coordinators.
 
14    (105 ILCS 5/22-90 new)
15    Sec. 22-90. Employment history review.
16    (a) This Section applies to all positions for employment
17with a school or an independent contractor of a school
18involving direct contact with children or students.
19    (b) In this Section:
20    "Abuse" means conduct that falls under the purview and
21reporting requirements of the Abused and Neglected Child
22Reporting Act and is directed toward or against a child or
23student, regardless of the age of the child or student.
24    "Direct contact with children or students" means the
25possibility of care, supervision, guidance, or control of

 

 

HB1975- 31 -LRB102 16364 CMG 21751 b

1children or students or routine interaction with children or
2students.
3    "School" means a public or nonpublic elementary or
4secondary school.
5    "Sexual misconduct" means any act, including, but not
6limited to, any verbal, nonverbal, written, or electronic
7communication or physical activity, directed toward or with a
8child or student, regardless of the age of the child or
9student, that is designed to establish a romantic or sexual
10relationship with the child or student. Such an act includes,
11but is not limited to, any of the following:
12        (1) A sexual or romantic invitation.
13        (2) Dating or soliciting dates.
14        (3) Engaging in sexualized or romantic dialog.
15        (4) Making sexually suggestive comments.
16        (5) Self-disclosure or physical exposure of a sexual,
17    romantic, or erotic nature.
18        (6) Any sexual, indecent, romantic, or erotic contact
19    with a child or student.
20    (c) Before a school or independent contractor may offer
21employment to an applicant who would be employed by or in a
22school in a position involving direct contact with children or
23students, the school or independent contractor shall do all of
24the following:
25        (1) Require the applicant to provide all of the
26    following:

 

 

HB1975- 32 -LRB102 16364 CMG 21751 b

1            (A) A list, including the name, address, and
2        telephone number and other relevant contact
3        information, of:
4                (i) the applicant's current employer;
5                (ii) all former employers of the applicant
6            that were schools; and
7                (iii) all former employers of the applicant in
8            which the applicant was employed in a position
9            that involved direct contact with children or
10            students.
11            (B) A written authorization that consents to and
12        authorizes disclosure by the applicant's current and
13        former employers under subparagraph (A) of this
14        paragraph (1) of the information requested under
15        paragraph (2) of this subsection (c) and the release
16        of related records and that releases those employers
17        from any liability that may arise from such disclosure
18        or release of records pursuant to subsection (e).
19            (C) A written statement of whether the applicant:
20                (i) has been the subject of an abuse or sexual
21            misconduct investigation by an employer, State
22            licensing agency, law enforcement agency, or child
23            protective services agency, unless the
24            investigation resulted in a finding that an
25            allegation was false;
26                (ii) has ever been discharged from, been asked

 

 

HB1975- 33 -LRB102 16364 CMG 21751 b

1            to resign from, resigned from, or otherwise been
2            separated from any employment, has ever been
3            disciplined by an employer, or has ever had an
4            employment contract not renewed while an
5            allegation of abuse or sexual misconduct as
6            described in clause (i) of this subparagraph (C)
7            was pending or under investigation or due to an
8            adjudication or finding of abuse or sexual
9            misconduct as described in clause (i) of this
10            subparagraph (C); or
11                (iii) has ever had a license or certificate
12            suspended, surrendered, or revoked while an
13            allegation of abuse or sexual misconduct as
14            described in clause (i) of this subparagraph (C)
15            was pending or under investigation or due to an
16            adjudication or finding of abuse or sexual
17            misconduct as described in clause (i) of this
18            subparagraph (C).
19        (2) Conduct a review of the employment history of the
20    applicant by contacting those employers listed by the
21    applicant under subparagraph (A) of paragraph (1) of this
22    subsection (c) and requesting all of the following
23    information:
24            (A) The dates of employment of the applicant.
25            (B) A statement as to whether the applicant:
26                (i) was the subject of an abuse or sexual

 

 

HB1975- 34 -LRB102 16364 CMG 21751 b

1            misconduct investigation by an employer, State
2            licensing agency, law enforcement agency, or child
3            protective services agency, unless the
4            investigation resulted in a finding that an
5            allegation was false;
6                (ii) was discharged from, was asked to resign
7            from, resigned from, or was otherwise separated
8            from any employment, was disciplined by an
9            employer, or had an employment contract not
10            renewed while an allegation of abuse or sexual
11            misconduct as described in clause (i) of this
12            subparagraph (B) was pending or under
13            investigation or due to an adjudication or finding
14            of abuse or sexual misconduct as described in
15            clause (i) of this subparagraph (B); or
16                (iii) has ever had a license or certificate
17            suspended, surrendered, or revoked while an
18            allegation of abuse or sexual misconduct as
19            described in clause (i) of this subparagraph (B)
20            was pending or under investigation or due to an
21            adjudication or finding of abuse or sexual
22            misconduct as described in clause (i) of this
23            subparagraph (B).
24        (3) Check the eligibility for employment or
25    certification or licensure status of an applicant for a
26    position involving direct contact with children or

 

 

HB1975- 35 -LRB102 16364 CMG 21751 b

1    students to determine whether the applicant holds valid
2    and active certification or licensure appropriate for the
3    position and is otherwise eligible for employment and
4    whether the applicant has been the subject of public
5    professional discipline.
6        (4) Inquire whether the State Board of Education has
7    received notification of pending criminal charges against
8    the applicant.
9    (d) An applicant who provides false information or
10willfully fails to disclose information required in subsection
11(c) shall be subject to discipline, up to and including
12termination or denial of employment, and may be subject to
13criminal prosecution under the Criminal Code of 2012 and civil
14penalties and professional discipline in accordance with
15subsection (m).
16    (e) No later than 20 days after receiving a request for
17information required under paragraph (2) of subsection (b), an
18employer who has or had an employment relationship with the
19applicant shall disclose the information requested. The
20employer shall disclose the information on a standardized form
21developed by the State Board of Education.
22    After reviewing the information initially disclosed under
23this subsection (e) and finding an affirmative response under
24subparagraph (C) of paragraph (1) of subsection (c) or
25subparagraph (B) of paragraph (2) of subsection (c), if the
26prospective employing school or independent contractor makes a

 

 

HB1975- 36 -LRB102 16364 CMG 21751 b

1determination to further consider the applicant for
2employment, the school or independent contractor shall request
3that former employers provide additional information about the
4matters disclosed and all related records. Former employers
5shall provide the additional information requested no later
6than 60 days after the prospective employer's request.
7    Information received under this Section shall not be
8deemed a public record.
9    A school or independent contractor who receives
10information under this subsection (e) may use the information
11for the purpose of evaluating an applicant's fitness to be
12hired or for continued employment and may report the
13information, as appropriate, to the State Board of Education,
14a State licensing agency, a law enforcement agency, a child
15protective services agency, another school or independent
16contractor, or a prospective employer.
17    An employer, school, school administrator, or independent
18contractor who provides information or records about a current
19or former employee or applicant under this Section is immune
20from criminal and civil liability for the disclosure of the
21information or records, unless the information or records
22provided were knowingly false. This immunity shall be in
23addition to and not a limitation on any other immunity
24provided by law or any absolute or conditional privileges
25applicable to the disclosure by virtue of the circumstances or
26the applicant's consent to the disclosure.

 

 

HB1975- 37 -LRB102 16364 CMG 21751 b

1    Unless the laws of another state prevent the release of
2the information or records requested or disclosure is
3restricted by the terms of a contract entered into prior to the
4effective date of this amendatory Act of the 102nd General
5Assembly, the willful failure of a former employer, school,
6school administrator, or independent contractor to respond or
7provide the information and records requested may result in
8civil penalties and professional discipline, if appropriate,
9in accordance with subsection (m).
10    Notwithstanding any other provision of law to the
11contrary, an employer, school, school administrator,
12independent contractor, or applicant shall report and
13disclose, in accordance with this Section, all relevant
14information, records, and documentation that may otherwise be
15confidential.
16    (f) A school or independent contractor may not hire an
17applicant who does not provide the information required under
18subsection (c) for a position involving direct contact with
19children or students. A school or independent contractor may
20hire an applicant on a provisional basis for a period not to
21exceed 90 days pending the school's or independent
22contractor's review of the information and records received
23under this Section, provided that all of the following are
24satisfied:
25        (1) The applicant has provided all of the information
26    and supporting documentation required under subsection

 

 

HB1975- 38 -LRB102 16364 CMG 21751 b

1    (c).
2        (2) The school or independent contractor has no
3    knowledge of information pertaining to the applicant that
4    would disqualify the applicant from employment.
5        (3) The applicant swears or affirms that the applicant
6    is not disqualified from employment.
7        (4) The applicant is not permitted by the school or
8    independent contractor to work alone with children or
9    students and is required to work in the immediate vicinity
10    of a permanent employee.
11    (g) Beginning on the effective date of this amendatory Act
12of the 102nd General Assembly, a school or independent
13contractor may not enter into a collective bargaining
14agreement, an employment contract, an agreement for
15resignation or termination, a severance agreement, or any
16other contract or agreement or take any action that:
17        (1) has the effect of suppressing information
18    concerning an investigation related to a report of
19    suspected abuse or sexual misconduct by a current or
20    former employee;
21        (2) affects the ability of the school or independent
22    contractor to report suspected abuse or sexual misconduct
23    to the appropriate authorities; or
24        (3) requires the school or independent contractor to
25    expunge information about allegations or findings of
26    suspected abuse or sexual misconduct from any documents

 

 

HB1975- 39 -LRB102 16364 CMG 21751 b

1    maintained by the school or independent contractor,
2    unless, after an investigation, an allegation is found to
3    be false.
4    (h) Any provision of an employment contract or agreement
5for resignation or termination or a severance agreement that
6is executed, amended, or entered into on or after the
7effective date of this amendatory Act of the 102nd General
8Assembly and that is contrary to this Section is void and
9unenforceable.
10    (i) For purposes of this subsection (i), "substitute
11employee" does not include a school bus driver employed by an
12independent contractor.
13    For substitute employees, all of the following apply:
14        (1) The employment history review required by this
15    Section is required only prior to the initial hiring of a
16    substitute employee or placement on the school's approved
17    substitute list and shall remain valid as long as the
18    substitute employee continues to be employed by the same
19    school or remains on the school's approved substitute
20    list.
21        (2) A substitute employee seeking to be added to
22    another school's substitute list shall undergo an
23    additional employment history review under this Section.
24    Except as otherwise provided in paragraph (3) of this
25    subsection (i), the appearance of a substitute employee on
26    one school's substitute list does not relieve another

 

 

HB1975- 40 -LRB102 16364 CMG 21751 b

1    school from compliance with this Section.
2        (3) An employment history review conducted upon
3    initial hiring of a substitute employee by an independent
4    contractor or any other entity that furnishes substitute
5    staffing services to schools shall satisfy the
6    requirements of this Section for all schools using the
7    services of that independent contractor or other entity.
8        (4) An independent contractor or any other entity
9    furnishing substitute staffing services to schools shall
10    comply with paragraphs (3) and (4) of subsection (j).
11    (j) For employees of independent contractors, all of the
12following apply:
13        (1) The employment history review required by this
14    Section shall be performed, either at the time of the
15    initial hiring of an employee or prior to the assignment
16    of an existing employee to perform work for a school in a
17    position involving direct contact with children or
18    students. The review shall remain valid as long as the
19    employee remains employed by the same independent
20    contractor, even if assigned to perform work for other
21    schools.
22        (2) An independent contractor shall maintain records
23    documenting employment history reviews for all employees
24    as required by this Section and, upon request, shall
25    provide a school for whom an employee is assigned to
26    perform work access to the records pertaining to that

 

 

HB1975- 41 -LRB102 16364 CMG 21751 b

1    employee.
2        (3) Prior to assigning an employee to perform work for
3    a school in a position involving direct contact with
4    children or students, the independent contractor shall
5    inform the school of any instance known to the independent
6    contractor in which the employee:
7            (A) was the subject of an abuse or sexual
8        misconduct investigation by an employer, State
9        licensing agency, law enforcement authority, or child
10        protective services agency, unless the investigation
11        resulted in a finding that an allegation was false;
12            (B) has ever been discharged, been asked to resign
13        from, resigned from, or otherwise been separated from
14        any employment, been removed from a substitute list,
15        been disciplined by an employer, or had an employment
16        contract not renewed while an allegation of abuse or
17        sexual misconduct as described in subparagraph (A) was
18        pending or under investigation or due to an
19        adjudication or finding of abuse or sexual misconduct
20        as described in subparagraph (A); or
21            (C) has ever had a license or certificate
22        suspended, surrendered, or revoked while an allegation
23        of abuse or sexual misconduct as described in
24        subparagraph (A) was pending or under investigation or
25        due to an adjudication or finding of abuse or sexual
26        misconduct as described in subparagraph (A).

 

 

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1        (4) The independent contractor may not assign an
2    employee to perform work for a school in a position
3    involving direct contact with children or students if the
4    school objects to the assignment after being informed of
5    an instance listed in paragraph (3).
6    (k) An applicant who has undergone an employment history
7review under this Section and seeks to transfer to or provide
8services to another school in the same school district,
9diocese, or religious jurisdiction or to another school
10established and supervised by the same organization is not
11required to obtain additional reports under this Section
12before transferring.
13    (l) Nothing in this Section shall be construed:
14        (1) to prevent a prospective employer from conducting
15    further investigations of prospective employees or from
16    requiring applicants to provide additional background
17    information or authorizations beyond what is required
18    under this Section, nor to prevent a former employer from
19    disclosing more information than what is required under
20    this Section;
21        (2) to relieve a school, school administrator, or
22    independent contractor of any legal responsibility to
23    report suspected incidents of abuse;
24        (3) to relieve a school, school administrator, or
25    independent contractor of any legal responsibility to
26    report suspected incidents of professional misconduct; or

 

 

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1        (4) to prohibit the right of the exclusive bargaining
2    representative under a collective bargaining agreement to
3    grieve and arbitrate the validity of an employee's
4    termination or discipline for just cause.
5    (m) The State Board of Education shall have jurisdiction
6to determine willful violations of this Section and may,
7following a hearing, assess a civil penalty not to exceed
8$10,000. The Attorney General may bring an action in the
9circuit court to enforce the collection of any monetary
10penalty imposed under this Section.
11    A school is prohibited from contracting with an
12independent contractor who is found to have willfully violated
13the provisions of this Section.
14    The State Board of Education may initiate disciplinary
15action against any applicant, employee, independent
16contractor, or school administrator who is subject to this
17Code for willful violations of this Section.
18    (n) The State Board of Education shall develop the forms
19for applicants and employers required under paragraphs (1) and
20(2) of subsection (c), as well as any other forms necessary to
21carry out the provisions of this Section.
 
22    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
23    Sec. 27-9.1. Sex education.
24    (a) In this Section:
25    "Adapt" means to modify an evidence-based program model

 

 

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1for use with a particular demographic, ethnic, linguistic, or
2cultural group.
3    "Age appropriate" means suitable to particular ages or age
4groups of children and adolescents, based on the developing
5cognitive, emotional, and behavioral capacity typical for the
6age or age group.
7    "Evidence-based program" means a program for which
8systematic, empirical research or evaluation has provided
9evidence of effectiveness.
10    "Medically accurate" means verified or supported by the
11weight of research conducted in compliance with accepted
12scientific methods and published in peer-reviewed journals, if
13applicable, or comprising information recognized as accurate,
14objective, and complete.
15    (a-5) No pupil shall be required to take or participate in
16any class or course in comprehensive sex education if his
17parent or guardian submits written objection thereto, and
18refusal to take or participate in such course or program shall
19not be reason for suspension or expulsion of such pupil. Each
20class or course in comprehensive sex education offered in any
21of grades 6 through 12 shall include instruction on both
22abstinence and contraception for the prevention of pregnancy
23and sexually transmitted diseases, including HIV/AIDS. Nothing
24in this Section prohibits instruction in sanitation, hygiene
25or traditional courses in biology.
26    (b) All public school classes that teach sex education and

 

 

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1discuss sexual intercourse in grades 6 through 12 shall
2emphasize that abstinence from sexual intercourse is a
3responsible and positive decision and is the only protection
4that is 100% effective against unwanted teenage pregnancy,
5sexually transmitted diseases, and acquired immune deficiency
6syndrome (AIDS) when transmitted sexually.
7    (c) All classes that teach sex education and discuss
8sexual intercourse in grades 6 through 12 shall satisfy the
9following criteria:
10        (1) Course material and instruction shall be
11    developmentally and age appropriate, medically accurate,
12    and complete.
13        (1.5) Course material and instruction shall replicate
14    evidence-based programs or substantially incorporate
15    elements of evidence-based programs.
16        (2) Course material and instruction shall teach honor
17    and respect for monogamous heterosexual marriage.
18        (3) Course material and instruction shall place
19    substantial emphasis on both abstinence, including
20    abstinence until marriage, and contraception for the
21    prevention of pregnancy and sexually transmitted diseases
22    among youth and shall stress that abstinence is the
23    ensured method of avoiding unintended pregnancy, sexually
24    transmitted diseases, and HIV/AIDS.
25        (4) Course material and instruction shall include a
26    discussion of the possible emotional and psychological

 

 

HB1975- 46 -LRB102 16364 CMG 21751 b

1    consequences of preadolescent and adolescent sexual
2    intercourse and the consequences of unwanted adolescent
3    pregnancy.
4        (5) Course material and instruction shall stress that
5    sexually transmitted diseases are serious possible hazards
6    of sexual intercourse. Pupils shall be provided with
7    statistics based on the latest medical information citing
8    the failure and success rates of condoms in preventing
9    AIDS and other sexually transmitted diseases.
10        (6) Course material and instruction shall advise
11    pupils of the laws pertaining to their financial
12    responsibility to children born in and out of wedlock.
13        (7) Course material and instruction shall advise
14    pupils of the circumstances under which it is unlawful for
15    a person to have sexual relations with an individual who
16    is under the age of 17 and for a person who is in a
17    position of trust, authority, or supervision to have
18    sexual relations with an individual who is under the age
19    of 18 pursuant to Article 11 of the Criminal Code of 2012
20    and how it is unlawful for a person to commit sexual
21    conduct with a pupil attending classes at a public or
22    nonpublic secondary school if that person holds a position
23    of trust, authority, or supervision in relation to the
24    pupil in connection with an educational or extracurricular
25    program or activity at the time of the commission of the
26    act, regardless of the location or place of the commission

 

 

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1    of the act.
2        (8) Course material and instruction shall teach pupils
3    to not make unwanted physical and verbal sexual advances
4    and how to say no to unwanted sexual advances. Pupils
5    shall be taught that it is wrong to take advantage of or to
6    exploit another person. The material and instruction shall
7    also encourage youth to resist negative peer pressure. The
8    material and instruction shall include discussion on what
9    may be considered sexual harassment or sexual assault.
10        (9) (Blank).
11        (10) Course material and instruction shall teach
12    pupils about the dangers associated with drug and alcohol
13    consumption during pregnancy.
14        (11) Course material and instruction must include an
15    age-appropriate discussion on the meaning of consent that
16    includes discussion on recognizing all of the following:
17            (A) That consent is a freely given agreement to
18        sexual activity.
19            (B) That consent to one particular sexual activity
20        does not constitute consent to other types of sexual
21        activities.
22            (C) That a person's lack of verbal or physical
23        resistance or submission resulting from the use or
24        threat of force does not constitute consent.
25            (D) That a person's manner of dress does not
26        constitute consent.

 

 

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1            (E) That a person's consent to past sexual
2        activity does not constitute consent to future sexual
3        activity.
4            (F) That a person's consent to engage in sexual
5        activity with one person does not constitute consent
6        to engage in sexual activity with another person.
7            (G) That a person can withdraw consent at any
8        time.
9            (H) That a person cannot consent to sexual
10        activity if that person is unable to understand the
11        nature of the activity or give knowing consent due to
12        certain circumstances that include, but are not
13        limited to, (i) the person is incapacitated due to the
14        use or influence of alcohol or drugs, (ii) the person
15        is asleep or unconscious, (iii) the person is a minor,
16        or (iv) the person is incapacitated due to a mental
17        disability.
18    (d) An opportunity shall be afforded to individuals,
19including parents or guardians, to examine the instructional
20materials to be used in such class or course.
21    (e) The State Board of Education shall make available
22resource materials, with the cooperation and input of the
23agency that administers grant programs consistent with
24criteria (1) and (1.5) of subsection (c) of this Section, for
25educating children regarding sex education and may take into
26consideration the curriculum on this subject developed by

 

 

HB1975- 49 -LRB102 16364 CMG 21751 b

1other states, as well as any other curricular materials
2suggested by education experts and other groups that work on
3sex education issues. Materials may include without limitation
4model sex education curriculums and sexual health education
5programs. The State Board of Education shall make these
6resource materials available on its Internet website. School
7districts that do not currently provide sex education are not
8required to teach sex education. If a sex education class or
9course is offered in any of grades 6 through 12, the school
10district may choose and adapt the developmentally and
11age-appropriate, medically accurate, evidence-based, and
12complete sex education curriculum that meets the specific
13needs of its community.
14(Source: P.A. 100-684, eff. 8-3-18; 101-579, eff. 1-1-20.)
 
15    (105 ILCS 5/27A-5)
16    Sec. 27A-5. Charter school; legal entity; requirements.
17    (a) A charter school shall be a public, nonsectarian,
18nonreligious, non-home based, and non-profit school. A charter
19school shall be organized and operated as a nonprofit
20corporation or other discrete, legal, nonprofit entity
21authorized under the laws of the State of Illinois.
22    (b) A charter school may be established under this Article
23by creating a new school or by converting an existing public
24school or attendance center to charter school status.
25Beginning on April 16, 2003 (the effective date of Public Act

 

 

HB1975- 50 -LRB102 16364 CMG 21751 b

193-3), in all new applications to establish a charter school
2in a city having a population exceeding 500,000, operation of
3the charter school shall be limited to one campus. The changes
4made to this Section by Public Act 93-3 do not apply to charter
5schools existing or approved on or before April 16, 2003 (the
6effective date of Public Act 93-3).
7    (b-5) In this subsection (b-5), "virtual-schooling" means
8a cyber school where students engage in online curriculum and
9instruction via the Internet and electronic communication with
10their teachers at remote locations and with students
11participating at different times.
12    From April 1, 2013 through December 31, 2016, there is a
13moratorium on the establishment of charter schools with
14virtual-schooling components in school districts other than a
15school district organized under Article 34 of this Code. This
16moratorium does not apply to a charter school with
17virtual-schooling components existing or approved prior to
18April 1, 2013 or to the renewal of the charter of a charter
19school with virtual-schooling components already approved
20prior to April 1, 2013.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter
24school shall be subject to the Freedom of Information Act and
25the Open Meetings Act. No later than January 1, 2021 (one year
26after the effective date of Public Act 101-291) this

 

 

HB1975- 51 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 52 -LRB102 16364 CMG 21751 b

1provided or certified by other qualified providers approved by
2the State Board of Education.
3    (d) For purposes of this subsection (d), "non-curricular
4health and safety requirement" means any health and safety
5requirement created by statute or rule to provide, maintain,
6preserve, or safeguard safe or healthful conditions for
7students and school personnel or to eliminate, reduce, or
8prevent threats to the health and safety of students and
9school personnel. "Non-curricular health and safety
10requirement" does not include any course of study or
11specialized instructional requirement for which the State
12Board has established goals and learning standards or which is
13designed primarily to impart knowledge and skills for students
14to master and apply as an outcome of their education.
15    A charter school shall comply with all non-curricular
16health and safety requirements applicable to public schools
17under the laws of the State of Illinois. On or before September
181, 2015, the State Board shall promulgate and post on its
19Internet website a list of non-curricular health and safety
20requirements that a charter school must meet. The list shall
21be updated annually no later than September 1. Any charter
22contract between a charter school and its authorizer must
23contain a provision that requires the charter school to follow
24the list of all non-curricular health and safety requirements
25promulgated by the State Board and any non-curricular health
26and safety requirements added by the State Board to such list

 

 

HB1975- 53 -LRB102 16364 CMG 21751 b

1during the term of the charter. Nothing in this subsection (d)
2precludes an authorizer from including non-curricular health
3and safety requirements in a charter school contract that are
4not contained in the list promulgated by the State Board,
5including non-curricular health and safety requirements of the
6authorizing local school board.
7    (e) Except as otherwise provided in the School Code, a
8charter school shall not charge tuition; provided that a
9charter school may charge reasonable fees for textbooks,
10instructional materials, and student activities.
11    (f) A charter school shall be responsible for the
12management and operation of its fiscal affairs including, but
13not limited to, the preparation of its budget. An audit of each
14charter school's finances shall be conducted annually by an
15outside, independent contractor retained by the charter
16school. To ensure financial accountability for the use of
17public funds, on or before December 1 of every year of
18operation, each charter school shall submit to its authorizer
19and the State Board a copy of its audit and a copy of the Form
20990 the charter school filed that year with the federal
21Internal Revenue Service. In addition, if deemed necessary for
22proper financial oversight of the charter school, an
23authorizer may require quarterly financial statements from
24each charter school.
25    (g) A charter school shall comply with all provisions of
26this Article, the Illinois Educational Labor Relations Act,

 

 

HB1975- 54 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 55 -LRB102 16364 CMG 21751 b

1    prevention;
2        (10) Section 2-3.162 of this Code regarding student
3    discipline reporting;
4        (11) Sections 22-80 and 27-8.1 of this Code;
5        (12) Sections 10-20.60 and 34-18.53 of this Code;
6        (13) Sections 10-20.63 and 34-18.56 of this Code;
7        (14) Section 26-18 of this Code;
8        (15) Section 22-30 of this Code; and
9        (16) Sections 24-12 and 34-85 of this Code; .
10        (17) the (16) The Seizure Smart School Act; and .
11        (18) Section 22-90 of this Code.
12    The change made by Public Act 96-104 to this subsection
13(g) is declaratory of existing law.
14    (h) A charter school may negotiate and contract with a
15school district, the governing body of a State college or
16university or public community college, or any other public or
17for-profit or nonprofit private entity for: (i) the use of a
18school building and grounds or any other real property or
19facilities that the charter school desires to use or convert
20for use as a charter school site, (ii) the operation and
21maintenance thereof, and (iii) the provision of any service,
22activity, or undertaking that the charter school is required
23to perform in order to carry out the terms of its charter.
24However, a charter school that is established on or after
25April 16, 2003 (the effective date of Public Act 93-3) and that
26operates in a city having a population exceeding 500,000 may

 

 

HB1975- 56 -LRB102 16364 CMG 21751 b

1not contract with a for-profit entity to manage or operate the
2school during the period that commences on April 16, 2003 (the
3effective date of Public Act 93-3) and concludes at the end of
4the 2004-2005 school year. Except as provided in subsection
5(i) of this Section, a school district may charge a charter
6school reasonable rent for the use of the district's
7buildings, grounds, and facilities. Any services for which a
8charter school contracts with a school district shall be
9provided by the district at cost. Any services for which a
10charter school contracts with a local school board or with the
11governing body of a State college or university or public
12community college shall be provided by the public entity at
13cost.
14    (i) In no event shall a charter school that is established
15by converting an existing school or attendance center to
16charter school status be required to pay rent for space that is
17deemed available, as negotiated and provided in the charter
18agreement, in school district facilities. However, all other
19costs for the operation and maintenance of school district
20facilities that are used by the charter school shall be
21subject to negotiation between the charter school and the
22local school board and shall be set forth in the charter.
23    (j) A charter school may limit student enrollment by age
24or grade level.
25    (k) If the charter school is approved by the State Board or
26Commission, then the charter school is its own local education

 

 

HB1975- 57 -LRB102 16364 CMG 21751 b

1agency.
2(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
3100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
46-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
5eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
6101-531, eff. 8-23-19; 101-543, eff. 8-23-19; revised 8-4-20.)
 
7    Section 10. The Criminal Code of 2012 is amended by
8changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
 
9    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
10    Sec. 11-1.20. Criminal sexual assault.
11    (a) A person commits criminal sexual assault if that
12person commits an act of sexual penetration and:
13        (1) uses force or threat of force;
14        (2) knows that the victim is unable to understand the
15    nature of the act or is unable to give knowing consent;
16        (3) is a family member of the victim, and the victim is
17    under 18 years of age; or
18        (4) is 17 years of age or over and holds a position of
19    trust, authority, or supervision in relation to the
20    victim, and the victim is at least 13 years of age but
21    under 18 years of age; or .
22        (5) the victim is at least 18 years of age but under 22
23    years of age and is a student attending classes at a public
24    or nonpublic secondary school and the accused held a

 

 

HB1975- 58 -LRB102 16364 CMG 21751 b

1    position of trust, authority, or supervision over the
2    victim in connection with an educational or
3    extracurricular program or activity at the time of the
4    commission of the act, regardless of the location or place
5    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

 

 

HB1975- 59 -LRB102 16364 CMG 21751 b

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

 

 

HB1975- 60 -LRB102 16364 CMG 21751 b

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
10that person commits criminal sexual abuse and any of the
11following aggravating circumstances exist (i) during the
12commission of the offense or (ii) for purposes of paragraph
13(7), as part of the same course of conduct as the commission of
14the 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

 

 

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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
9that person commits an act of sexual conduct with a victim who
10is 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
25that person commits an act of sexual penetration or sexual
26conduct with a victim who is at least 13 years of age but under

 

 

HB1975- 62 -LRB102 16364 CMG 21751 b

117 years of age and the person is at least 5 years older than
2the victim.
3    (e) A person commits aggravated criminal sexual abuse if
4that person commits an act of sexual conduct with a victim who
5is a person with a severe or profound intellectual disability.
6    (f) A person commits aggravated criminal sexual abuse if
7that person commits an act of sexual conduct with a victim who
8is at least 13 years of age but under 18 years of age and the
9person is 17 years of age or over and holds a position of
10trust, authority, or supervision in relation to the victim.
11    (f-5) A person commits aggravated criminal sexual abuse if
12that person commits an act of sexual conduct with a victim who
13is at least 18 years of age but under 22 years of age and is a
14student attending classes at a public or nonpublic secondary
15school and the accused held a position of trust, authority, or
16supervision in relation to the victim in connection with an
17educational or extracurricular program or activity at the time
18of the commission of the act, regardless of the location or
19place of the commission of the act.
20    (g) Sentence. Aggravated criminal sexual abuse is a Class
212 felony.
22(Source: P.A. 99-143, eff. 7-27-15.)
 
23    (720 ILCS 5/11-25)
24    Sec. 11-25. Grooming.
25    (a) A person commits grooming when he or she knowingly

 

 

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