Public Act 0610 102ND GENERAL ASSEMBLY

HB3461 Enrolled LRB102 14613 CMG 19966 b

Public Act 102-0610

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 10-23.13 as follows:

(105 ILCS 5/10-23.13)

Sec. 10-23.13. Policies addressing sexual abuse.

(a) In this Section:

"Evidence-informed" refers to modalities that were created utilizing components of evidence-based treatments or curriculums.

"Grooming" means conduct prohibited under Section 11-25 of the Criminal Code of 2012.

(b) To adopt and implement, by no later than July 1, 2022, a policy addressing sexual abuse of children that shall may include an age-appropriate and evidence-informed curriculum for students in pre-K through 12th 5th grade; evidence-informed training for school personnel on child sexual abuse; evidence-informed educational information to parents or guardians provided in the school handbook on the warning signs of a child being abused, along with any needed assistance, referral, or resource information; available counseling and resources for students affected by sexual abuse; and emotional and educational support for a child of abuse to continue to be successful in school. A school district shall include in its policy and all training materials and instruction a definition of prohibited grooming behaviors and boundary violations for school personnel and how to report these behaviors.

Any policy adopted under this Section shall may address without limitation:

(1) methods for increasing school personnel teacher, student, and parent awareness of issues regarding sexual abuse of children, including awareness and knowledge of likely warning signs indicating that a child may be a victim of sexual abuse, awareness and knowledge of grooming behaviors and how to report those behaviors, awareness of appropriate relationships between school personnel and students based on State law, and how to prevent child abuse from happening, including, but not limited to, methods outlined in State law regarding personal health and safety education for students;

(1.5) evidence-informed training for school personnel on preventing, recognizing, reporting, and responding to child sexual abuse and grooming behavior, including when the grooming or abuse is committed by a member of the school community, with a discussion of the criminal statutes addressing sexual conduct between school personnel and students, professional conduct, and reporting requirements, including, but not limited to, training as outlined in Section 10-22.39 and Section 3-11;

(2) options actions that a student child who is a victim of sexual abuse has should take to obtain assistance and intervention; and

(3) available counseling options for students affected by sexual abuse; .

(4) methods for educating school personnel, students, and staff on how to report child abuse to law enforcement authorities and to the Department of Children and Family Services and how to report grooming behaviors, including when the grooming or abuse is committed by a member of the school community; and

(5) education and information about children's advocacy centers and sexual assault crisis centers and information about how to access a children's advocacy center or sexual assault crisis center serving the district.

(c) A school district must provide training for school personnel on child sexual abuse as described in paragraph (1.5) of subsection (b) no later than January 31 of each year.

(d) This Section may be referred to as Erin's Law.

(Source: P.A. 96-1524, eff. 2-14-11.)

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

Effective Date: 8/27/2021