Bill Text: IL HB1975 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Reinserts the contents of the bill as engrossed, with the following changes. Requires the resource guide to be developed by July 1, 2023 (rather than July 1, 2022). Provides that the provisions concerning the resource guide and sexual misconduct in schools apply to a school district, charter school, or nonpublic school (rather than a school district, charter school, or nonpublic, nonsectarian elementary or secondary school). Makes a change concerning dating and meeting with students. Removes the amendatory provisions related to criminal sexual assault and aggravated criminal sexual abuse in the Criminal Code of 2012. Adds the use of written communication to the offense of grooming. Changes the effective date to provide that the provisions amending the School Code and the Abused and Neglected Child Reporting Act are effective immediately.

Spectrum: Slight Partisan Bill (Democrat 28-15)

Status: (Passed) 2022-04-09 - Added as Alternate Co-Sponsor Sen. Laura Ellman [HB1975 Detail]

Download: Illinois-2021-HB1975-Enrolled.html

---

HB1975 Enrolled LRB102 16364 CMG 21751 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as Faith's Law.
Section 5. The School Code is amended by adding Sections
2-3.188 and 22-85.5 and by changing Sections 21B-45 and 27A-5
as follows:
(105 ILCS 5/2-3.188 new)
Sec. 2-3.188. Resource guide.
(a) By July 1, 2023, the State Board of Education, in
consultation with relevant stakeholders, as needed, shall
develop and maintain a resource guide that shall be made
available on the State Board's Internet website. The resource
guide shall provide guidance for pupils, parents or guardians,
and teachers about sexual abuse response and prevention
resources available in their community. The resource guide
shall, at a minimum, provide all of the following information:
(1) Contact information, the location, and a list of
the services provided by or available through accredited
children's advocacy centers.
(2) Contact information and a list of the services
offered by organizations that provide medical evaluations

HB1975 Enrolled - 2 - LRB102 16364 CMG 21751 b
and treatment to victims of child sexual abuse.
(3) Contact information and a list of the services
offered by organizations that provide mental health
evaluations and services to victims and the families of
victims of child sexual abuse.
(4) Contact information of organizations that offer
legal assistance to and provide advocacy on behalf of
victims of child sexual abuse.
(b) At the beginning of the school year, each school
district, charter school, or nonpublic school shall notify the
parents or guardians of enrolled students of the availability
of the resource guide. Each school district, charter school,
or nonpublic school shall furnish the resource guide to a
student's parent or guardian at the request of the parent or
guardian and may also make the resource guide available on its
Internet website.
(c) The State Board of Education shall periodically review
the information contained in the resource guide and update the
information as necessary.
(105 ILCS 5/21B-45)
Sec. 21B-45. Professional Educator License renewal.
(a) Individuals holding a Professional Educator License
are required to complete the licensure renewal requirements as
specified in this Section, unless otherwise provided in this
Code.

HB1975 Enrolled - 3 - LRB102 16364 CMG 21751 b
Individuals holding a Professional Educator License shall
meet the renewal requirements set forth in this Section,
unless otherwise provided in this Code. If an individual holds
a license endorsed in more than one area that has different
renewal requirements, that individual shall follow the renewal
requirements for the position for which he or she spends the
majority of his or her time working.
(b) All Professional Educator Licenses not renewed as
provided in this Section shall lapse on September 1 of that
year. Notwithstanding any other provisions of this Section, if
a license holder's electronic mail address is available, the
State Board of Education shall send him or her notification
electronically that his or her license will lapse if not
renewed, to be sent no more than 6 months prior to the license
lapsing. Lapsed licenses may be immediately reinstated upon
(i) payment by the applicant of a $500 penalty to the State
Board of Education or (ii) the demonstration of proficiency by
completing 9 semester hours of coursework from a regionally
accredited institution of higher education in the content area
that most aligns with one or more of the educator's
endorsement areas. Any and all back fees, including without
limitation registration fees owed from the time of expiration
of the license until the date of reinstatement, shall be paid
and kept in accordance with the provisions in Article 3 of this
Code concerning an institute fund and the provisions in
Article 21B of this Code concerning fees and requirements for

HB1975 Enrolled - 4 - LRB102 16364 CMG 21751 b
registration. Licenses not registered in accordance with
Section 21B-40 of this Code shall lapse after a period of 6
months from the expiration of the last year of registration or
on January 1 of the fiscal year following initial issuance of
the license. An unregistered license is invalid after
September 1 for employment and performance of services in an
Illinois public or State-operated school or cooperative and in
a charter school. Any license or endorsement may be
voluntarily surrendered by the license holder. A voluntarily
surrendered license shall be treated as a revoked license. An
Educator License with Stipulations with only a
paraprofessional endorsement does not lapse.
(c) From July 1, 2013 through June 30, 2014, in order to
satisfy the requirements for licensure renewal provided for in
this Section, each professional educator licensee with an
administrative endorsement who is working in a position
requiring such endorsement shall complete one Illinois
Administrators' Academy course, as described in Article 2 of
this Code, per fiscal year.
(c-5) All licenses issued by the State Board of Education
under this Article that expire on June 30, 2020 and have not
been renewed by the end of the 2020 renewal period shall be
extended for one year and shall expire on June 30, 2021.
(d) Beginning July 1, 2014, in order to satisfy the
requirements for licensure renewal provided for in this
Section, each professional educator licensee may create a

HB1975 Enrolled - 5 - LRB102 16364 CMG 21751 b
professional development plan each year. The plan shall
address one or more of the endorsements that are required of
his or her educator position if the licensee is employed and
performing services in an Illinois public or State-operated
school or cooperative. If the licensee is employed in a
charter school, the plan shall address that endorsement or
those endorsements most closely related to his or her educator
position. Licensees employed and performing services in any
other Illinois schools may participate in the renewal
requirements by adhering to the same process.
Except as otherwise provided in this Section, the
licensee's professional development activities shall align
with one or more of the following criteria:
(1) activities are of a type that engage participants
over a sustained period of time allowing for analysis,
discovery, and application as they relate to student
learning, social or emotional achievement, or well-being;
(2) professional development aligns to the licensee's
performance;
(3) outcomes for the activities must relate to student
growth or district improvement;
(4) activities align to State-approved standards; and
(5) higher education coursework.
(e) For each renewal cycle, each professional educator
licensee shall engage in professional development activities.
Prior to renewal, the licensee shall enter electronically into

HB1975 Enrolled - 6 - LRB102 16364 CMG 21751 b
the Educator Licensure Information System (ELIS) the name,
date, and location of the activity, the number of professional
development hours, and the provider's name. The following
provisions shall apply concerning professional development
activities:
(1) Each licensee shall complete a total of 120 hours
of professional development per 5-year renewal cycle in
order to renew the license, except as otherwise provided
in this Section.
(2) Beginning with his or her first full 5-year cycle,
any licensee with an administrative endorsement who is not
working in a position requiring such endorsement is not
required to complete Illinois Administrators' Academy
courses, as described in Article 2 of this Code. Such
licensees must complete one Illinois Administrators'
Academy course within one year after returning to a
position that requires the administrative endorsement.
(3) Any licensee with an administrative endorsement
who is working in a position requiring such endorsement or
an individual with a Teacher Leader endorsement serving in
an administrative capacity at least 50% of the day shall
complete one Illinois Administrators' Academy course, as
described in Article 2 of this Code, each fiscal year in
addition to 100 hours of professional development per
5-year renewal cycle in accordance with this Code.
(4) Any licensee holding a current National Board for

HB1975 Enrolled - 7 - LRB102 16364 CMG 21751 b
Professional Teaching Standards (NBPTS) master teacher
designation shall complete a total of 60 hours of
professional development per 5-year renewal cycle in order
to renew the license.
(5) Licensees working in a position that does not
require educator licensure or working in a position for
less than 50% for any particular year are considered to be
exempt and shall be required to pay only the registration
fee in order to renew and maintain the validity of the
license.
(6) Licensees who are retired and qualify for benefits
from a State of Illinois retirement system shall notify
the State Board of Education using ELIS, and the license
shall be maintained in retired status. For any renewal
cycle in which a licensee retires during the renewal
cycle, the licensee must complete professional development
activities on a prorated basis depending on the number of
years during the renewal cycle the educator held an active
license. If a licensee retires during a renewal cycle, the
licensee must notify the State Board of Education using
ELIS that the licensee wishes to maintain the license in
retired status and must show proof of completion of
professional development activities on a prorated basis
for all years of that renewal cycle for which the license
was active. An individual with a license in retired status
shall not be required to complete professional development

HB1975 Enrolled - 8 - LRB102 16364 CMG 21751 b
activities or pay registration fees until returning to a
position that requires educator licensure. Upon returning
to work in a position that requires the Professional
Educator License, the licensee shall immediately pay a
registration fee and complete renewal requirements for
that year. A license in retired status cannot lapse.
Beginning on January 6, 2017 (the effective date of Public
Act 99-920) through December 31, 2017, any licensee who
has retired and whose license has lapsed for failure to
renew as provided in this Section may reinstate that
license and maintain it in retired status upon providing
proof to the State Board of Education using ELIS that the
licensee is retired and is not working in a position that
requires a Professional Educator License.
(7) For any renewal cycle in which professional
development hours were required, but not fulfilled, the
licensee shall complete any missed hours to total the
minimum professional development hours required in this
Section prior to September 1 of that year. Professional
development hours used to fulfill the minimum required
hours for a renewal cycle may be used for only one renewal
cycle. For any fiscal year or renewal cycle in which an
Illinois Administrators' Academy course was required but
not completed, the licensee shall complete any missed
Illinois Administrators' Academy courses prior to
September 1 of that year. The licensee may complete all

HB1975 Enrolled - 9 - LRB102 16364 CMG 21751 b
deficient hours and Illinois Administrators' Academy
courses while continuing to work in a position that
requires that license until September 1 of that year.
(8) Any licensee who has not fulfilled the
professional development renewal requirements set forth in
this Section at the end of any 5-year renewal cycle is
ineligible to register his or her license and may submit
an appeal to the State Superintendent of Education for
reinstatement of the license.
(9) If professional development opportunities were
unavailable to a licensee, proof that opportunities were
unavailable and request for an extension of time beyond
August 31 to complete the renewal requirements may be
submitted from April 1 through June 30 of that year to the
State Educator Preparation and Licensure Board. If an
extension is approved, the license shall remain valid
during the extension period.
(10) Individuals who hold exempt licenses prior to
December 27, 2013 (the effective date of Public Act
98-610) shall commence the annual renewal process with the
first scheduled registration due after December 27, 2013
(the effective date of Public Act 98-610).
(11) Notwithstanding any other provision of this
subsection (e), if a licensee earns more than the required
number of professional development hours during a renewal
cycle, then the licensee may carry over any hours earned

HB1975 Enrolled - 10 - LRB102 16364 CMG 21751 b
from April 1 through June 30 of the last year of the
renewal cycle. Any hours carried over in this manner must
be applied to the next renewal cycle. Illinois
Administrators' Academy courses or hours earned in those
courses may not be carried over.
(f) At the time of renewal, each licensee shall respond to
the required questions under penalty of perjury.
(f-5) The State Board of Education shall conduct random
audits of licensees to verify a licensee's fulfillment of the
professional development hours required under this Section.
Upon completion of a random audit, if it is determined by the
State Board of Education that the licensee did not complete
the required number of professional development hours or did
not provide sufficient proof of completion, the licensee shall
be notified that his or her license has lapsed. A license that
has lapsed under this subsection may be reinstated as provided
in subsection (b).
(g) The following entities shall be designated as approved
to provide professional development activities for the renewal
of Professional Educator Licenses:
(1) The State Board of Education.
(2) Regional offices of education and intermediate
service centers.
(3) Illinois professional associations representing
the following groups that are approved by the State
Superintendent of Education:

HB1975 Enrolled - 11 - LRB102 16364 CMG 21751 b
(A) school administrators;
(B) principals;
(C) school business officials;
(D) teachers, including special education
teachers;
(E) school boards;
(F) school districts;
(G) parents; and
(H) school service personnel.
(4) Regionally accredited institutions of higher
education that offer Illinois-approved educator
preparation programs and public community colleges subject
to the Public Community College Act.
(5) Illinois public school districts, charter schools
authorized under Article 27A of this Code, and joint
educational programs authorized under Article 10 of this
Code for the purposes of providing career and technical
education or special education services.
(6) A not-for-profit organization that, as of December
31, 2014 (the effective date of Public Act 98-1147), has
had or has a grant from or a contract with the State Board
of Education to provide professional development services
in the area of English Learning to Illinois school
districts, teachers, or administrators.
(7) State agencies, State boards, and State
commissions.

HB1975 Enrolled - 12 - LRB102 16364 CMG 21751 b
(8) Museums as defined in Section 10 of the Museum
Disposition of Property Act.
(h) Approved providers under subsection (g) of this
Section shall make available professional development
opportunities that satisfy at least one of the following:
(1) increase the knowledge and skills of school and
district leaders who guide continuous professional
development;
(2) improve the learning of students;
(3) organize adults into learning communities whose
goals are aligned with those of the school and district;
(4) deepen educator's content knowledge;
(5) provide educators with research-based
instructional strategies to assist students in meeting
rigorous academic standards;
(6) prepare educators to appropriately use various
types of classroom assessments;
(7) use learning strategies appropriate to the
intended goals;
(8) provide educators with the knowledge and skills to
collaborate;
(9) prepare educators to apply research to decision
making; or
(10) provide educators with training on inclusive
practices in the classroom that examines instructional and
behavioral strategies that improve academic and

HB1975 Enrolled - 13 - LRB102 16364 CMG 21751 b
social-emotional outcomes for all students, with or
without disabilities, in a general education setting; or .
(11) beginning on July 1, 2022, provide educators with
training on the physical and mental health needs of
students, student safety, educator ethics, professional
conduct, and other topics that address the well-being of
students and improve the academic and social-emotional
outcomes of students.
(i) Approved providers under subsection (g) of this
Section shall do the following:
(1) align professional development activities to the
State-approved national standards for professional
learning;
(2) meet the professional development criteria for
Illinois licensure renewal;
(3) produce a rationale for the activity that explains
how it aligns to State standards and identify the
assessment for determining the expected impact on student
learning or school improvement;
(4) maintain original documentation for completion of
activities;
(5) provide license holders with evidence of
completion of activities;
(6) request an Illinois Educator Identification Number
(IEIN) for each educator during each professional
development activity; and

HB1975 Enrolled - 14 - LRB102 16364 CMG 21751 b
(7) beginning on July 1, 2019, register annually with
the State Board of Education prior to offering any
professional development opportunities in the current
fiscal year.
(j) The State Board of Education shall conduct annual
audits of a subset of approved providers, except for school
districts, which shall be audited by regional offices of
education and intermediate service centers. The State Board of
Education shall ensure that each approved provider, except for
a school district, is audited at least once every 5 years. The
State Board of Education may conduct more frequent audits of
providers if evidence suggests the requirements of this
Section or administrative rules are not being met.
(1) (Blank).
(2) Approved providers shall comply with the
requirements in subsections (h) and (i) of this Section by
annually submitting data to the State Board of Education
demonstrating how the professional development activities
impacted one or more of the following:
(A) educator and student growth in regards to
content knowledge or skills, or both;
(B) educator and student social and emotional
growth; or
(C) alignment to district or school improvement
plans.
(3) The State Superintendent of Education shall review

HB1975 Enrolled - 15 - LRB102 16364 CMG 21751 b
the annual data collected by the State Board of Education,
regional offices of education, and intermediate service
centers in audits to determine if the approved provider
has met the criteria and should continue to be an approved
provider or if further action should be taken as provided
in rules.
(k) Registration fees shall be paid for the next renewal
cycle between April 1 and June 30 in the last year of each
5-year renewal cycle using ELIS. If all required professional
development hours for the renewal cycle have been completed
and entered by the licensee, the licensee shall pay the
registration fees for the next cycle using a form of credit or
debit card.
(l) Any professional educator licensee endorsed for school
support personnel who is employed and performing services in
Illinois public schools and who holds an active and current
professional license issued by the Department of Financial and
Professional Regulation or a national certification board, as
approved by the State Board of Education, related to the
endorsement areas on the Professional Educator License shall
be deemed to have satisfied the continuing professional
development requirements provided for in this Section. Such
individuals shall be required to pay only registration fees to
renew the Professional Educator License. An individual who
does not hold a license issued by the Department of Financial
and Professional Regulation shall complete professional

HB1975 Enrolled - 16 - LRB102 16364 CMG 21751 b
development requirements for the renewal of a Professional
Educator License provided for in this Section.
(m) Appeals to the State Educator Preparation and
Licensure Board must be made within 30 days after receipt of
notice from the State Superintendent of Education that a
license will not be renewed based upon failure to complete the
requirements of this Section. A licensee may appeal that
decision to the State Educator Preparation and Licensure Board
in a manner prescribed by rule.
(1) Each appeal shall state the reasons why the State
Superintendent's decision should be reversed and shall be
sent by certified mail, return receipt requested, to the
State Board of Education.
(2) The State Educator Preparation and Licensure Board
shall review each appeal regarding renewal of a license
within 90 days after receiving the appeal in order to
determine whether the licensee has met the requirements of
this Section. The State Educator Preparation and Licensure
Board may hold an appeal hearing or may make its
determination based upon the record of review, which shall
consist of the following:
(A) the regional superintendent of education's
rationale for recommending nonrenewal of the license,
if applicable;
(B) any evidence submitted to the State
Superintendent along with the individual's electronic

HB1975 Enrolled - 17 - LRB102 16364 CMG 21751 b
statement of assurance for renewal; and
(C) the State Superintendent's rationale for
nonrenewal of the license.
(3) The State Educator Preparation and Licensure Board
shall notify the licensee of its decision regarding
license renewal by certified mail, return receipt
requested, no later than 30 days after reaching a
decision. Upon receipt of notification of renewal, the
licensee, using ELIS, shall pay the applicable
registration fee for the next cycle using a form of credit
or debit card.
(n) The State Board of Education may adopt rules as may be
necessary to implement this Section.
(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
1-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
(105 ILCS 5/22-85.5 new)
Sec. 22-85.5. Sexual misconduct in schools.
(a) This Section applies beginning on July 1, 2022.
(b) The General Assembly finds that:
(1) the success of students in school relies on safe
learning environments and healthy relationships with
school personnel;
(2) it is important for staff to maintain a
professional relationship with students at all times and

HB1975 Enrolled - 18 - LRB102 16364 CMG 21751 b
to define staff-student boundaries to protect students
from sexual misconduct by staff and staff from the
appearance of impropriety;
(3) many breaches of staff-student boundaries do not
rise to the level of criminal behavior but do pose a
potential risk to student safety;
(4) repeated violations of staff–student boundaries
can indicate the grooming of a student for sexual abuse;
(5) it is necessary to uphold the State Board of
Education's Code of Ethics for Illinois Educators and for
each school district, charter school, or nonpublic school
to have an employee code of professional conduct policy;
(6) each school district, charter school, or nonpublic
school must have the ability to discipline educators for
breaches of its employee code of professional conduct
policy;
(7) each school district, charter school, or nonpublic
school must have the ability to know if any of its
educators have violated professional staff–student
boundaries in previous employment; and
(8) as bystanders, educators may have knowledge of
concerning behaviors that no one else is aware of, so they
need adequate training on sexual abuse, the employee code
of professional conduct policy, and federal and State
reporting requirements.
(c) In this Section, "sexual misconduct" means any act,

HB1975 Enrolled - 19 - LRB102 16364 CMG 21751 b
including, but not limited to, any verbal, nonverbal, written,
or electronic communication or physical activity, by an
employee or agent of the school district, charter school, or
nonpublic school with direct contact with a student that is
directed toward or with a student to establish a romantic or
sexual relationship with the student. Such an act includes,
but is not limited to, any of the following:
(1) A sexual or romantic invitation.
(2) Dating or soliciting a date.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments that are
directed toward or with a student.
(5) Self-disclosure or physical exposure of a sexual,
romantic, or erotic nature.
(6) A sexual, indecent, romantic, or erotic contact
with the student.
(d) To prevent sexual misconduct with students, each
school district, charter school, or nonpublic school shall
develop an employee code of professional conduct policy that
addresses all of the following:
(1) Incorporates the Code of Ethics for Illinois
Educators.
(2) Incorporates the definition of "sexual misconduct"
in this Section.
(3) Identifies the expectations for employees and
agents of the school district, charter school, or

HB1975 Enrolled - 20 - LRB102 16364 CMG 21751 b
nonpublic school regarding how to maintain a professional
relationship with students, including the expectations for
staff-student boundaries, recognizing the age and
developmental level of the students served, and
establishes guidelines for all of the following
situations:
(A) Transporting a student.
(B) Taking or possessing a photo or a video of a
student.
(C) Meeting with a student or contacting a student
outside of the employee's or agent's professional
role.
(4) References the employee reporting requirements
required under the Abused and Neglected Child Reporting
Act and under Title IX of the federal Education Amendments
of 1972.
(5) References required employee training that is
related to child abuse and educator ethics that are
applicable under State and federal law.
(e) The employee code of professional conduct policy must
be posted on the website, if any, of each school district,
charter school, or nonpublic school and must be included in
any staff, student, or parent handbook provided by the school
district, charter school, or nonpublic, nonsectarian
elementary or secondary school.
(f) A violation of the employee code of professional

HB1975 Enrolled - 21 - LRB102 16364 CMG 21751 b
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment. Failure to
report a violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment.
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with

HB1975 Enrolled - 22 - LRB102 16364 CMG 21751 b
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year

HB1975 Enrolled - 23 - LRB102 16364 CMG 21751 b
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State

HB1975 Enrolled - 24 - LRB102 16364 CMG 21751 b
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the

HB1975 Enrolled - 25 - LRB102 16364 CMG 21751 b
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an
authorizer may require quarterly financial statements from
each charter school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;

HB1975 Enrolled - 26 - LRB102 16364 CMG 21751 b
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code;
(17) the Seizure Smart School Act; and
(18) Section 2-3.64a-10 of this Code; .

HB1975 Enrolled - 27 - LRB102 16364 CMG 21751 b
(19) Section 2-3.188 of this Code; and
(20) Section 22-85.5 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a

HB1975 Enrolled - 28 - LRB102 16364 CMG 21751 b
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
3-8-21.)
Section 10. The Abused and Neglected Child Reporting Act

HB1975 Enrolled - 29 - LRB102 16364 CMG 21751 b
is amended by changing Section 3 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in his or her professional capacity with a child
or adult resident, "blatant disregard" includes a failure by
the person to perform job responsibilities intended to protect
the child's or adult resident's health, physical well-being,

HB1975 Enrolled - 30 - LRB102 16364 CMG 21751 b
or welfare, and, when viewed in light of the surrounding
circumstances, evidence exists that would cause a reasonable
person to believe that the child was neglected. With respect
to an agency, "blatant disregard" includes a failure to
implement practices that ensure the health, physical
well-being, or welfare of the children and adult residents
residing in the facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to

HB1975 Enrolled - 31 - LRB102 16364 CMG 21751 b
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in
the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in his or her professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of
the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in

HB1975 Enrolled - 32 - LRB102 16364 CMG 21751 b
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription; or
(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 2012 against the child; or .
(i) commits the offense of grooming, as defined in
Section 11-25 of the Criminal Code of 2012, against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is subjected to an environment which is injurious insofar
as (i) the child's environment creates a likelihood of harm to
the child's health, physical well-being, or welfare and (ii)

HB1975 Enrolled - 33 - LRB102 16364 CMG 21751 b
the likely harm to the child is the result of a blatant
disregard of parent, caretaker, or agency responsibilities; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis
intervention services under Section 3-5 of the Juvenile Court
Act of 1987 and whose parent, guardian, or custodian refuses
to permit the child to return home and no other living
arrangement agreeable to the parent, guardian, or custodian
can be made, and the parent, guardian, or custodian has not
made any other appropriate living arrangement for the child;
or who is a newborn infant whose blood, urine, or meconium
contains any amount of a controlled substance as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act or a metabolite thereof, with the exception of
a controlled substance or metabolite thereof whose presence in
the newborn infant is the result of medical treatment
administered to the mother or the newborn infant. A child
shall not be considered neglected for the sole reason that the
child's parent or other person responsible for his or her
welfare has left the child in the care of an adult relative for
any period of time. A child shall not be considered neglected
for the sole reason that the child has been relinquished in
accordance with the Abandoned Newborn Infant Protection Act. A
child shall not be considered neglected or abused for the sole
reason that such child's parent or other person responsible

HB1975 Enrolled - 34 - LRB102 16364 CMG 21751 b
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of this Act. A child shall not
be considered neglected or abused solely because the child is
not attending school in accordance with the requirements of
Article 26 of The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children
under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other

HB1975 Enrolled - 35 - LRB102 16364 CMG 21751 b
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person that is the
custodian of a child under 18 years of age who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012, or
any person who came to know the child through an official
capacity or position of trust, including but not limited to
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.

HB1975 Enrolled - 36 - LRB102 16364 CMG 21751 b
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner
of any religious denomination accredited by the religious body
to which he or she belongs.
(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
Section 15. The Criminal Code of 2012 is amended by
changing Section 11-25 as follows:
(720 ILCS 5/11-25)
Sec. 11-25. Grooming.
(a) A person commits grooming when he or she knowingly
uses a computer on-line service, Internet service, local

HB1975 Enrolled - 37 - LRB102 16364 CMG 21751 b
bulletin board service, or any other device capable of
electronic data storage or transmission, performs an act in
person or by conduct through a third party, or uses written
communication to seduce, solicit, lure, or entice, or attempt
to seduce, solicit, lure, or entice, a child, a child's
guardian, or another person believed by the person to be a
child or a child's guardian, to commit any sex offense as
defined in Section 2 of the Sex Offender Registration Act, to
distribute photographs depicting the sex organs of the child,
or to otherwise engage in any unlawful sexual conduct with a
child or with another person believed by the person to be a
child. As used in this Section, "child" means a person under 17
years of age.
(b) Sentence. Grooming is a Class 4 felony.
(Source: P.A. 100-428, eff. 1-1-18.)
Section 99. Effective date. This Section and Sections 5
and 10 take effect upon becoming law.