Actor

Action

ISBE

Identifies persons in positions who may be appropriate child advocates for students during a school’s investigation into an alleged incident of sexual abuse. As of March 2020, ISBE has not identified any persons.

Superintendent or designee

Establishes a CAC Communication Committee (Committee) to operate as a Superintendent committee. See 2:150-AP, Superintendent Committees. Consider including:

District Nondiscrimination Coordinator (see 2:260, Uniform Grievance Procedure; and 2:265, Title IX Grievance Procedure)

District Safety Coordinator (see 4:170-AP1, Comprehensive Safety and Security Plan, Part C, District Safety Coordinator and Safety Team; Responsibilities)

District-level administrators

Building Principals (Building Principals are mandatory for successful implementation of the Alleged Incidents of Sexual Abuse; Investigations subhead of policy 5:90, Abused and Neglected Child Reporting)

School personnel

Employees from the accredited CAC that serves the District

Chairs and convenes Committee meetings for the purpose of implementing the Alleged Incidents of Sexual Abuse; Investigations subhead of policy 5:90, Abused and Neglected Child Reporting. 

Note: To achieve the minimum requirement of State law that the District coordinate with its local CAC, this procedure establishes an administrative committee. Establishing a committee provides a best practice for aligning with governance principles and examining implementation issues specific to each individual school district and the CACs that serve each district. While smaller school districts, e.g., one-building districts, may be able to implement a program through one meeting, larger school districts will likely require the uniform coordination this Committee provides.

Informs the School Board of the Committee’s progress and needs by adding information items to the Board’s agendas as needed.

Ensures that at least every two years, school personnel are trained to understand, provide information and referrals to, and address issues pertaining to students who are parents, expectant parents, or victims of domestic or sexual violence. Note: 105 ILCS 5/10-22.39(b-25), added by P.A. 103-542, eff. 1-1-24 and operative 7-1-24,) requires this training to be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting students and must include training concerning each of the following:

1. Communicating with and listening to student victims of domestic or sexual violence and expectant and parenting students.

2. Connecting student victims of domestic or sexual violence and expectant and parenting students to appropriate in-school services and other agencies, programs, and services as needed.

3. Implementing the school district's policies, procedures, and protocols with regard to such students, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to such students. 
4. Procedures for responding to incidents of teen dating violence that take place at school, on school grounds, at school-sponsored activities; or in vehicles used for school-provided transportation as outlined in 105 ILCS 110.3.10.

School Personnel

Upon suspecting or receiving knowledge of an alleged incident of sexual abuse, shall perform each of the following (105 ILCS 5/22-85(c) added by P.A. 101-531):

1. Immediately report to the Ill. Dept. of Children and Family Services (DCFS) on its Child Abuse Hotline 1-800-25-ABUSE (1-800-252-2873 (within Illinois); 1-217-524-2606 (outside Illinois); or 1-800-358-5117 (TTY).

2. Follow directions given by DCFS concerning filing a written report within 48 hours with the nearest DCFS field office. 25 ILCS 5/7, amended by P.A. 101-583. The written report shall include, if known, each of the following:

The name and address of the child, his or her parents/guardians, or other persons having custody;

The child’s age;

The child’s condition, including any evidence of previous injuries or disabilities; and

Any other information that the reporter believes may be helpful to DCFS for its investigation.

1. Promptly notify the Superintendent or Building Principal that a report has been made.

Superintendent or Building Principal

Immediately coordinates any necessary notifications to the student’s parents/guardians with DCFS, the applicable school resource officer (SRO), and/or local law enforcement which includes the local State’s Attorney’s Office.

Notifies the District’s Nondiscrimination Coordinator of the reported alleged incident of sexual abuse.

DCFS and/or Appropriate Law Enforcement Agency

Determines whether to accept a reported alleged incident of sexual abuse for investigation. If a reported alleged incident is accepted, refers the matter to the CAC serving the District. 105 ILCS 5/22-85(d)

Note: If neither DCFS nor law enforcement investigate the alleged incident of sexual abuse, the District can move forward with its own investigation without CAC involvement.

CAC

Coordinates the investigation of the alleged incident of sexual abuse in accordance with its existing multidisciplinary team protocol and National Children’s Alliance accreditation standards. 105 ILCS 5/22-85(e)(1)

Facilitates communication between the DCFS/law enforcement multidisciplinary team investigating the alleged incident of sexual abuse and the District’s Nondiscrimination Coordinator. At a minimum:

1. Ensures that all applicable parties have each other’s contact information; and

2. Shares the CAC’s protocol regarding the process of approving the viewing of a forensic interview by school personnel, and a contact person for questions regarding the protocol. 105 ILCS 5/22-85(e)(2) , added by P.A. 101-531.

Nondiscrimination Coordinator

Upon being notified of the reported alleged incident of sexual abuse by the Superintendent or Building Principal, shall:

Open and conduct the District’s investigation into the alleged incident of sexual abuse in accordance with policy 7:20, Harassment of Students Prohibited.

Schedule regular follow-up calls to the CAC to inquire whether DCFS/law enforcement has opened an investigation into the alleged incident of sexual abuse.

If DCFS/law enforcement investigation is not opened, stops using this procedure and continues the District’s investigation in accordance with policy 7:20, Harassment of Students Prohibited.

If DCFS/law enforcement investigation is opened, continues with the following steps.

Notes the date DCFS/law enforcement opened its investigation and sets a reminder for 15 calendar days after it. 

Note: This time period is important because the CAC has 15 calendar days to conduct a forensic interview of the alleged victim. During this time, the District is cannot interview the alleged victim regarding the alleged incident.

While the child abuse and/or criminal investigations related to the alleged incident of sexual abuse are being conducted by DCFS/law enforcement, the Nondiscrimination Coordinator:

Continues the District’s investigation, which may include interviewing the alleged witnesses and/or the alleged perpetrator.

May request information from the alleged victim or his or her parent/guardian to ensure his or her safety and well-being at school during the investigations. 105 ILCS 5/22-85(f)

Refrains from interviewing the alleged victim until after the CAC completes its forensic interview. 105 ILCS 5/22-85(f)

Upon request, must inform DCFS/law enforcement investigators of any evidence it has gathered, as permitted by federal or State law. 105 ILCS 5/22-85(f)

Note: Evidence gathered by the Nondiscrimination Coordinator during the District’s investigation may be confidential under the Illinois School Student Records Act (105 ILCS 10/) and the Family Rights and Educational Privacy Act (20 U.S.C. §1232g). Consult the Board Attorney regarding what disclosures, if any, are allowed in response to a request from DCFS and/or law enforcement and conditions that must be met prior to disclosure.

Schedule regular follow-up calls with the CAC to inquire about the status of the forensic interview of the alleged victim.

CAC

Informs the Nondiscrimination Coordinator that:

1. The forensic interview of the alleged victim is complete, and the electronic recording of the forensic interview may be viewed; or 

2. The CAC determined a forensic interview will not be conducted. 105 ILCS 5/22-85(g), (h)

Nondiscrimination Coordinator

If the electronic recording of the forensic interview of the alleged victim is available for viewing:

1. Verifies the CAC has obtained informed consent from an alleged victim over the age of 13 or the alleged victim’s parent/guardian for school personnel to view the forensic interview (105 ILCS 5/22-85(h) and

Note: Each CAC may have its own consent form. Contact your local CAC to confirm that it will obtain written consent from the alleged victim over the age of 13 or the alleged victim’s parent/guardian (if under the age of 13).

1. Views the electronic recording of the forensic interview.

If the CAC has not performed a forensic interview of the alleged victim within 15 calendar days after DCFS/law enforcement opens an investigation, notifies the CAC that the District intends to interview the alleged victim.

CAC

After receiving notification that the District intends to interview the alleged victim, has 10 additional calendar days to conduct a forensic interview. 105 ILCS 5/22-85(g)

Nondiscrimination Coordinator

If the CAC does not conduct a forensic interview of the alleged victim within the 10 additional calendar days, proceeds with the District’s interview of the alleged victim. Id.

If the alleged victim is under 18 years old, makes a child advocate available to the alleged victim and allows the child advocate to be present during the interview. A child advocate may be a school social worker, a school or equally qualified psychologist, or a person in a position that ISBE has identified as an appropriate advocate for a student during a school’s investigation into an alleged incident of sexual abuse. 105 ILCS 5/22-85(i)

Schedules regular follow-up calls to DCFS/law enforcement to inquire if the investigation of an incident has been suspended and/or is complete, including the outcome of the investigation. 105 ILCS 5/22-85(j), (k)