§ 22-85.10 — Parental notification of sexual misconduct

Illinois § 22-85.10

• Jurisdiction: Illinois
• Topic: EDUCATION
• Ch. 105: SCHOOLS
• Act 105 ILCS 5/: School Code.
• Art.: Article 22 - General Provisions--Penalties--Liabilities

Text

(a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code. Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code. (2) Prior to notification of the student's parents or guardians, notification must first be provided to the student in a developmentally appropriate manner and include: (A) that notice will be given to the student's parents or guardians; (B) what information will be included in the notice to the student's parents or guardians; (C) available resources for the student within the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and (D) beginning July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code. (3) After notification of the student as required under paragraph (2), the student's parents or guardians shall be notified in writing: (A) of the alleged misconduct; and (B) of available resources for the student within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code. (4) Notification must be provided as soon as feasible after the employing entity becomes aware that alleged misconduct may have occurred, subject to the requirements of subsection (f) of Section 22-85 of this Code. (b) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code. (2) Prior to notification of the student's parents or guardians, notification must first be provided to the student in a developmentally appropriate manner and include: (A) that notice will be given to the student's parent or guardian of the governing body's action; (B) what information will be included in the notice to the student's parents or guardians; (C) available resources for the student within the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and (D) beginning July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code. (3) After notification of the student as required in paragraph (2), the student's parents or guardians shall be notified in writing: (A) of the governing body's action; (B) whether a report concerning the alleged sexual misconduct was or will be submitted to the State Superintendent of Education and the applicable regional superintendent of schools pursuant to Section 10-21.9 of this Code; and (C) of available resources for the student within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code. (4) Notification must be provided as soon as feasible after the board action is taken, subject to the requirements of subsection (f) of Section 22-85 of this Code. (5) For the purposes of subsection (b), if the student is no longer enrolled at the time formal action is taken, sending written notice to the last known address in the student's file fulfills notification requirements. (c) Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim. If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians. (d) Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.

Legislative History

(Source: P.A. 102-702, eff. 7-1-23 .)