Full Text of HB1330 95th General Assembly
HB1330 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1330
Introduced 2/20/2007, by Rep. Karen A. Yarbrough SYNOPSIS AS INTRODUCED: |
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Amends the School Code. Creates the Ensuring Success in School Law to (1) ensure that youth who are parents, expectant parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma; (2) ensure that Illinois school-level staff and policymakers understand and are sensitive to the needs and characteristics of such youth; (3) afford protections in a school setting to a population of youth who have historically been stigmatized and discriminated against; and (4) promote best practices in Illinois' schools. Contains provisions concerning confidentiality; the right to attend school; review and revision of policies; and specially trained personnel. Makes other changes in the School Code with respect to parents, expectant parents, and victims of domestic or sexual violence in provisions concerning the suspension and expulsion of pupils, home instruction, in-service training programs, alternative schools within Chicago, an individualized education program for a child with a disability, truants, and charter schools.
Provides that the provisions of the Act are severable. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB1330 |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-22.6, 10-22.6a, 10-22.39, 13A-11, 14-8.02, 26-2a, and 27A-5 | 6 |
| and by adding Article 13C as follows:
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 9 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 11 |
| misconduct, and
no action shall lie against them for such | 12 |
| expulsion. Expulsion shall
take place only after the parents | 13 |
| have been requested to appear at a
meeting of the board, or | 14 |
| with a hearing officer appointed by it, to
discuss their | 15 |
| child's behavior. Such request shall be made by registered
or | 16 |
| certified mail and shall state the time, place and purpose of | 17 |
| the
meeting. The board, or a hearing officer appointed by it, | 18 |
| at such
meeting shall state the reasons for dismissal and the | 19 |
| date on which the
expulsion is to become effective. If a | 20 |
| hearing officer is appointed by
the board he shall report to | 21 |
| the board a written summary of the evidence
heard at the | 22 |
| meeting and the board may take such action thereon as it
finds | 23 |
| appropriate.
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| (b) To suspend or by regulation to authorize the | 2 |
| superintendent of
the district or the principal, assistant | 3 |
| principal, or dean of students
of any school to suspend pupils | 4 |
| guilty of gross disobedience or misconduct, or
to suspend | 5 |
| pupils guilty of gross disobedience or misconduct on the school | 6 |
| bus
from riding the school bus, and no action
shall lie against | 7 |
| them for such suspension. The board may by regulation
authorize | 8 |
| the superintendent of the district or the principal, assistant
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| principal, or dean of students of any
school to suspend pupils | 10 |
| guilty of such acts for a period not to exceed
10 school days. | 11 |
| If a pupil is suspended due to gross disobedience or misconduct
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| on a school bus, the board may suspend the pupil in excess of | 13 |
| 10
school
days for safety reasons. Any suspension shall be | 14 |
| reported immediately to the
parents or guardian of such pupil | 15 |
| along with a full statement of the
reasons for such suspension | 16 |
| and a notice of their right to a review, a
copy of which shall | 17 |
| be given to the school board. Upon request of the
parents or | 18 |
| guardian the school board or a hearing officer appointed by
it | 19 |
| shall review such action of the superintendent or principal, | 20 |
| assistant
principal, or dean of students. At such
review the | 21 |
| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 23 |
| officer
is appointed by the board he shall report to the board | 24 |
| a written summary
of the evidence heard at the meeting. After | 25 |
| its hearing or upon receipt
of the written report of its | 26 |
| hearing officer, the board may take such
action as it finds |
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| appropriate.
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| (c) The Department of Human Services
shall be invited to | 3 |
| send a representative to consult with the board at
such meeting | 4 |
| whenever there is evidence that mental illness may be the
cause | 5 |
| for expulsion or suspension.
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| (c-5) In all suspension and expulsion proceedings, a | 7 |
| student may raise his or her status as a parent, expectant | 8 |
| parent, or victim of domestic or sexual violence, which must be | 9 |
| considered as a mitigating factor in determining whether to | 10 |
| suspend or expel the student or in deciding the nature or | 11 |
| severity of the disciplinary action at any time throughout the | 12 |
| proceedings. This subsection (c-5) applies to all school | 13 |
| districts, including special charter districts and districts | 14 |
| organized under Article 34 of this Code.
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| (d) The board may expel a student for a definite period of | 16 |
| time not to
exceed 2 calendar years, as determined on a case by | 17 |
| case basis.
A student who
is determined to have brought a | 18 |
| weapon to school, any school-sponsored activity
or event, or
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| any activity or event which bears a reasonable relationship to | 20 |
| school shall
be expelled for a period of not less than
one | 21 |
| year, except that the expulsion period may be modified by the
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| superintendent, and the superintendent's determination may be | 23 |
| modified by
the board
on a case by case basis. For the purpose | 24 |
| of this Section, the term "weapon"
means (1)
possession,
use, | 25 |
| control, or transfer of any gun, rifle, shotgun, weapon as
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| defined by Section 921 of Title 18, United States Code, firearm |
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| as
defined in Section 1.1 of the Firearm Owners Identification | 2 |
| Act, or use of
a weapon as defined in Section 24-1 of the | 3 |
| Criminal Code, (2) any other
object if used or attempted to be | 4 |
| used to cause bodily harm, including but not
limited to, | 5 |
| knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of | 6 |
| any weapon as defined in this
Section. Expulsion
or suspension
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| shall be construed in a
manner consistent with the Federal | 8 |
| Individuals with Disabilities Education
Act. A student who is | 9 |
| subject to suspension or expulsion as provided in this
Section | 10 |
| may be eligible for a transfer to an alternative school program | 11 |
| in
accordance with Article 13A of the School Code. The | 12 |
| provisions of this
subsection (d) apply in all school | 13 |
| districts,
including special charter districts and districts | 14 |
| organized under Article 34.
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| (e) To maintain order and security in the schools, school | 16 |
| authorities may
inspect and search places and areas such as | 17 |
| lockers, desks, parking lots, and
other school property and | 18 |
| equipment owned or controlled by the school, as well
as | 19 |
| personal effects left in those places and areas by students, | 20 |
| without notice
to or the consent of the student, and without a | 21 |
| search warrant. As a matter of
public policy, the General | 22 |
| Assembly finds that students have no reasonable
expectation of | 23 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 25 |
| the assistance
of law enforcement officials for the purpose of | 26 |
| conducting inspections and
searches of lockers, desks, parking |
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| lots, and other school property and
equipment owned or | 2 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 4 |
| searches conducted
through the use of specially trained dogs. | 5 |
| If a search conducted in accordance
with this Section produces | 6 |
| evidence that the student has violated or is
violating either | 7 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and | 9 |
| disciplinary action may
be taken. School authorities may also | 10 |
| turn over such evidence to law
enforcement authorities. The | 11 |
| provisions of this subsection (e) apply in all
school | 12 |
| districts, including special charter districts and districts | 13 |
| organized
under Article 34.
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| (f) Suspension or expulsion may include suspension or | 15 |
| expulsion from
school and all school activities and a | 16 |
| prohibition from being present on school
grounds.
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| (g) A school district may adopt a policy providing that if | 18 |
| a student
is suspended or expelled for any reason from any | 19 |
| public or private school
in this or any other state, the | 20 |
| student must complete the entire term of
the suspension or | 21 |
| expulsion before being admitted into the school
district. A | 22 |
| school district that adopts such a policy must include a | 23 |
| provision allowing for consideration of a student's status as a | 24 |
| parent, expectant parent, or victim of domestic or sexual | 25 |
| violence as a mitigating factor in reviews during the | 26 |
| disciplinary period and exempting on a case-by-case basis those |
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| students whose status as a parent, expectant parent, or victim | 2 |
| of domestic or sexual violence is a factor in the behavior that | 3 |
| gives rise to the suspension or expulsion. This policy may | 4 |
| allow placement of the student in an alternative
school program | 5 |
| established under Article 13A of this Code, if available, for
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| the
remainder of the suspension or expulsion. This subsection | 7 |
| (g) applies to
all school districts, including special charter | 8 |
| districts and districts
organized under Article 34 of this | 9 |
| Code.
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| (h) For the purposes of this subsection (h) and subsections | 11 |
| (c-5), (g), (i), and (j) of this Section, unless the context | 12 |
| otherwise requires: | 13 |
| "Domestic or sexual violence organization" means a | 14 |
| nonprofit, nongovernmental organization that provides | 15 |
| assistance to victims of domestic or sexual violence or to | 16 |
| advocates for such victims, including an organization carrying | 17 |
| out a domestic or sexual violence program; an organization | 18 |
| operating a shelter or a rape crisis center or providing | 19 |
| counseling services; or an organization that seeks to eliminate | 20 |
| domestic or sexual violence through legislative advocacy or | 21 |
| policy change, public education, or service collaboration. | 22 |
| "Domestic violence" includes one or more acts or threats of | 23 |
| violence among family or household members or persons who have | 24 |
| or have had a dating or engagement relationship, not including | 25 |
| acts of self-defense or the defense of another, as "domestic | 26 |
| violence" and "family or household members" are defined in |
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| Section 103 of the Illinois Domestic Violence Act of 1986. | 2 |
| "Expectant parent" means a female who is pregnant or a male | 3 |
| who voluntarily identifies himself as the parent of an unborn | 4 |
| child by seeking services for teen parents and who has not yet | 5 |
| graduated from secondary school as provided in Section 22-22 of | 6 |
| this Code. | 7 |
| "Parent" means a person who is a custodial parent or a | 8 |
| noncustodial parent taking an active role in the care and | 9 |
| supervision of a child and who has not yet graduated from | 10 |
| secondary school as provided in Section 22-22 of this Code. | 11 |
| "Perpetrator" means an individual who commits or is alleged | 12 |
| to have committed any act of domestic or sexual violence. | 13 |
| "Sexual violence" means sexual assault, abuse, or stalking | 14 |
| of an adult or minor child proscribed in the Criminal Code of | 15 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 16 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 17 |
| by perpetrators who are strangers to the victim and sexual | 18 |
| violence committed by perpetrators who are known or related by | 19 |
| blood or marriage to the victim. | 20 |
| "Student" or "pupil" means any youth enrolled, eligible to | 21 |
| enroll, or previously enrolled in a school who has not yet | 22 |
| graduated from secondary school as provided in Section 22-22 of | 23 |
| this Code. | 24 |
| "Victim" means an individual who has been subjected to one | 25 |
| or more acts of domestic or sexual violence. | 26 |
| "Youth", except as otherwise provided in this Code, means a |
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| child, student, or juvenile below the age of 21 years who has | 2 |
| not yet completed his or her prescribed course of study or has | 3 |
| not graduated from secondary school as provided in Section | 4 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 5 |
| unaccompanied youth not in the physical custody of a parent or | 6 |
| guardian.
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| (i) If a pupil is faced with either (i) suspension from | 8 |
| school due to gross disobedience or misconduct or suspension | 9 |
| from riding a school bus due to gross disobedience or | 10 |
| misconduct on the school bus as provided in this Section or | 11 |
| (ii) expulsion due to gross disobedience or misconduct as | 12 |
| provided in this Section and if there is a relationship between | 13 |
| the behavior that gives rise to the suspension or expulsion | 14 |
| proceedings and the pupil's status as a parent, expectant | 15 |
| parent, or victim of domestic or sexual violence, then the | 16 |
| suspension or expulsion requirement may be modified by the | 17 |
| district superintendent on a case-by-case basis. This | 18 |
| subsection (i) applies to all school districts, including | 19 |
| special charter districts and districts organized under | 20 |
| Article 34 of this Code.
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| (j) A school district may require a youth to provide | 22 |
| verification that he or she is or has been a victim of domestic | 23 |
| or sexual violence only when a youth asserts rights under this | 24 |
| Section on the basis of domestic or sexual violence. Any one of | 25 |
| the following is acceptable verification of a youth's claim of | 26 |
| domestic or sexual violence: |
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| (1) A written statement from the youth or anyone who | 2 |
| has knowledge of the circumstances that support the youth's | 3 |
| claim. | 4 |
| (2) A police report, government agency record, or court | 5 |
| record. | 6 |
| (3) A statement or other documentation from a domestic | 7 |
| or sexual violence organization or any other organization | 8 |
| from which the youth sought services or advice. | 9 |
| (4) Documentation from a lawyer, clergy person, | 10 |
| medical professional, or other professional from whom the | 11 |
| youth sought domestic or sexual violence services or | 12 |
| advice. | 13 |
| (5) Any other evidence, such as physical evidence of | 14 |
| violence, that supports the claim. | 15 |
| A youth who has provided acceptable verification that he or she | 16 |
| is or has been a victim of domestic or sexual violence must not | 17 |
| be required to provide any additional verification if the | 18 |
| youth's efforts to assert rights under this Code stem from a | 19 |
| claim involving the same perpetrator. This subsection (j) | 20 |
| applies to all school districts, including special charter | 21 |
| districts and districts organized under Article 34 of this | 22 |
| Code.
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| (Source: P.A. 92-64, eff. 7-12-01.)
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| (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
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| Sec. 10-22.6a. To provide by home instruction, |
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| correspondence courses or
otherwise courses of instruction for | 2 |
| pupils who are unable to attend school
because of pregnancy or | 3 |
| pregnancy-related conditions, the fulfillment of parenting | 4 |
| obligations related to the health of the pupil's child, or | 5 |
| health complications and safety concerns arising from domestic | 6 |
| or sexual violence . Such instruction shall be provided to the | 7 |
| pupil
(1) before the birth of the child when the pupil's health | 8 |
| care provider
physician has
indicated to the district, in | 9 |
| writing, that the pupil is medically unable
to attend regular | 10 |
| classroom instruction ,
and (2) for up to 3 months
following the | 11 |
| birth of the child or a
miscarriage , (3) to care for the | 12 |
| pupil's ill child when the child's health care provider has | 13 |
| indicated to the district, in writing, that the pupil's child | 14 |
| has a serious health condition, that the pupil is needed to | 15 |
| provide care to this child, and that alternative care for the | 16 |
| child is unavailable, or (4) to treat physical or mental health | 17 |
| complications or address safety concerns arising from domestic | 18 |
| or sexual violence when the pupil's domestic or sexual violence | 19 |
| organization or health care provider has indicated to the | 20 |
| district, in writing, that such care is needed and will cause | 21 |
| an absence for 2 or more consecutive weeks of school . | 22 |
| The instruction course shall be designed to offer | 23 |
| educational experiences
that are equivalent to those given to | 24 |
| pupils at the same grade level in
the district and that are | 25 |
| designed to enable the pupil to return to the
classroom.
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| Notwithstanding any other law to the contrary, if a pupil |
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| is unable to attend regular classes because of the reasons set | 2 |
| forth in this Section and if the pupil has participated in | 3 |
| instruction under this Section that is administered by the | 4 |
| school district, then the pupil must not be penalized for | 5 |
| grading purposes nor be denied course completion, grade level | 6 |
| advancement, or graduation solely on the basis of the pupil's | 7 |
| absence from the regular education program during the period of | 8 |
| this instruction.
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| A school district may require a youth to provide | 10 |
| verification that he or she is or has been a victim of domestic | 11 |
| or sexual violence only when a youth asserts rights under this | 12 |
| Section on the basis of domestic or sexual violence. Any one of | 13 |
| the following is acceptable verification of a youth's claim of | 14 |
| domestic or sexual violence: | 15 |
| (1) A written statement from the youth or anyone who | 16 |
| has knowledge of the circumstances that support the youth's | 17 |
| claim. | 18 |
| (2) A police report, government agency record, or court | 19 |
| record. | 20 |
| (3) A statement or other documentation from a domestic | 21 |
| or sexual violence organization or any other organization | 22 |
| from which the youth sought services or advice. | 23 |
| (4) Documentation from a lawyer, clergy person, | 24 |
| medical professional, or other professional from whom the | 25 |
| youth sought domestic or sexual violence services or | 26 |
| advice. |
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| (5) Any other evidence, such as physical evidence of | 2 |
| violence, that supports the claim.
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| A youth who has provided acceptable verification that he or she | 4 |
| is or has been a victim of domestic or sexual violence must not | 5 |
| be required to provide any additional verification if the | 6 |
| youth's efforts to assert rights under this Code stem from a | 7 |
| claim involving the same perpetrator. | 8 |
| In this Section, unless the context otherwise requires: | 9 |
| "Domestic or sexual violence organization" means a | 10 |
| nonprofit, nongovernmental organization that provides | 11 |
| assistance to victims of domestic or sexual violence or to | 12 |
| advocates for such victims, including an organization carrying | 13 |
| out a domestic or sexual violence program; an organization | 14 |
| operating a shelter or a rape crisis center or providing | 15 |
| counseling services; or an organization that seeks to eliminate | 16 |
| domestic or sexual violence through legislative advocacy or | 17 |
| policy change, public education, or service collaboration. | 18 |
| "Domestic violence" includes one or more acts or threats of | 19 |
| violence among family or household members or persons who have | 20 |
| or have had a dating or engagement relationship, not including | 21 |
| acts of self-defense or the defense of another, as "domestic | 22 |
| violence" and "family or household members" are defined in | 23 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 24 |
| "Perpetrator" means an individual who commits or is alleged | 25 |
| to have committed any act of domestic or sexual violence. | 26 |
| "Sexual violence" means sexual assault, abuse, or stalking |
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| of an adult or minor child proscribed in the Criminal Code of | 2 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 3 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 4 |
| by perpetrators who are strangers to the victim and sexual | 5 |
| violence committed by perpetrators who are known or related by | 6 |
| blood or marriage to the victim. | 7 |
| "Student" or "pupil" means any youth enrolled, eligible to | 8 |
| enroll, or previously enrolled in a school who has not yet | 9 |
| graduated from secondary school as provided in Section 22-22 of | 10 |
| this Code. | 11 |
| "Victim" means an individual who has been subjected to one | 12 |
| or more acts of domestic or sexual violence. | 13 |
| "Youth", except as otherwise provided in this Code, means a | 14 |
| child, student, or juvenile below the age of 21 years who has | 15 |
| not yet completed his or her prescribed course of study or has | 16 |
| not graduated from secondary school as provided in Section | 17 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 18 |
| unaccompanied youth not in the physical custody of a parent or | 19 |
| guardian.
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| (Source: P.A. 84-1430.)
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| (105 ILCS 5/10-22.39) (from Ch. 122, par. 10-22.39)
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| Sec. 10-22.39. In-service training programs. | 23 |
| (a) To conduct in-service training programs for teachers. | 24 |
| (b) In addition to
other topics at in-service training
such
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| programs, school guidance counselors, teachers and
other |
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| school personnel who work with pupils in grades 7 through 12 | 2 |
| shall be
trained to identify the warning signs of suicidal | 3 |
| behavior in adolescents
and teens and shall be taught | 4 |
| appropriate intervention and referral techniques.
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| (c) School guidance counselors, nurses, teachers and other | 6 |
| school personnel
who work with pupils may be trained to have a | 7 |
| basic knowledge of matters
relating to acquired | 8 |
| immunodeficiency syndrome (AIDS), including the nature
of the | 9 |
| disease, its causes and effects, the means of detecting it and
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| preventing its transmission, and the availability of | 11 |
| appropriate sources of
counseling and referral, and any other | 12 |
| information that may be appropriate
considering the age and | 13 |
| grade level of such pupils. The School Board shall
supervise | 14 |
| such training. The State Board of Education and the Department
| 15 |
| of Public Health shall jointly develop standards for such | 16 |
| training.
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| (d) In this subsection (d), unless the context otherwise | 18 |
| requires: | 19 |
| "Domestic violence" includes one or more acts or threats of | 20 |
| violence among family or household members or persons who have | 21 |
| or have had a dating or engagement relationship, not including | 22 |
| acts of self-defense or the defense of another, as "domestic | 23 |
| violence" and "family or household members" are defined in | 24 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 25 |
| "Expectant parent" means a female who is pregnant or a male | 26 |
| who voluntarily identifies himself as the parent of an unborn |
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| child by seeking services for teen parents and who has not yet | 2 |
| graduated from secondary school as provided in Section 22-22 of | 3 |
| this Code. | 4 |
| "Parent" means a person who is a custodial parent or a | 5 |
| noncustodial parent taking an active role in the care and | 6 |
| supervision of a child and who has not yet graduated from | 7 |
| secondary school as provided in Section 22-22 of this Code. | 8 |
| "Perpetrator" means an individual who commits or is alleged | 9 |
| to have committed any act of domestic or sexual violence. | 10 |
| "Sexual violence" means sexual assault, abuse, or stalking | 11 |
| of an adult or minor child proscribed in the Criminal Code of | 12 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 13 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 14 |
| by perpetrators who are strangers to the victim and sexual | 15 |
| violence committed by perpetrators who are known or related by | 16 |
| blood or marriage to the victim. | 17 |
| "Student" or "pupil" means any youth enrolled, eligible to | 18 |
| enroll, or previously enrolled in a school who has not yet | 19 |
| graduated from secondary school as provided in Section 22-22 of | 20 |
| this Code. | 21 |
| "Victim" means an individual who has been subjected to one | 22 |
| or more acts of domestic or sexual violence. | 23 |
| "Youth", except as otherwise provided in this Code, means a | 24 |
| child, student, or juvenile below the age of 21 years who has | 25 |
| not yet completed his or her prescribed course of study or has | 26 |
| not graduated from secondary school as provided in Section |
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| 22-22 of this Code. "Youth" includes, but is not limited to, | 2 |
| unaccompanied youth not in the physical custody of a parent or | 3 |
| guardian. | 4 |
| At least once every 2 years, an in-service training program | 5 |
| for school personnel who work with pupils, including, but not | 6 |
| limited to, school and school district administrators, | 7 |
| teachers, school guidance counselors, school social workers, | 8 |
| school counselors, school psychologists, and school nurses, | 9 |
| must be conducted by persons with expertise in domestic and | 10 |
| sexual violence and the needs of expectant and parenting youth | 11 |
| and shall include training concerning (i) communicating with | 12 |
| and listening to youth victims of domestic or sexual violence | 13 |
| and expectant and parenting youth, (ii) connecting youth | 14 |
| victims of domestic or sexual violence and expectant and | 15 |
| parenting youth to appropriate in-school services and other | 16 |
| agencies, programs, and services as needed, and (iii) | 17 |
| implementing the school district's policies, procedures, and | 18 |
| protocols with regard to such youth, including | 19 |
| confidentiality. At a minimum, school personnel must be trained | 20 |
| to understand, provide information and referrals, and address | 21 |
| issues pertaining to youth who are parents, expectant parents, | 22 |
| or victims of domestic or sexual violence.
| 23 |
| (Source: P.A. 86-900.)
| 24 |
| (105 ILCS 5/13A-11)
| 25 |
| Sec. 13A-11. Chicago public schools.
|
|
|
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| 1 |
| (a) The Chicago Board of Education may
establish | 2 |
| alternative schools within Chicago and may contract with third
| 3 |
| parties for services otherwise performed by employees, | 4 |
| including those in a
bargaining unit, in accordance with | 5 |
| Sections 34-8.1, 34-18, and 34-49.
| 6 |
| (b) Alternative schools operated by third parties within | 7 |
| Chicago shall be
exempt from all provisions of the School Code, | 8 |
| except provisions concerning:
| 9 |
| (1) Student civil rights;
| 10 |
| (2) Staff civil rights;
| 11 |
| (3) Health and safety;
| 12 |
| (4) Performance and financial audits;
| 13 |
| (5) The Illinois Goals Assessment Program;
| 14 |
| (6) Chicago learning outcomes;
| 15 |
| (7) Sections 2-3.25a through 2-3.25j of the School | 16 |
| Code;
| 17 |
| (8) The Inspector General; and
| 18 |
| (9) Section 34-2.4b of the School Code ; and .
| 19 |
| (10) Students who are parents, expectant parents, or | 20 |
| victims of domestic or sexual violence.
| 21 |
| (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
| 22 |
| (105 ILCS 5/Art. 13C heading new) | 23 |
| ARTICLE 13C. ENSURING SUCCESS IN SCHOOL
| 24 |
| (105 ILCS 5/13C-1 new)
|
|
|
|
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| 1 |
| Sec. 13C-1. Short title. This Article may be cited as the | 2 |
| Ensuring Success in School Law.
| 3 |
| (105 ILCS 5/13C-5 new)
| 4 |
| Sec. 13C-5. Purpose. The General Assembly, mindful that | 5 |
| children are our most precious resource, that the demands and | 6 |
| needs of adolescence make it a critical stage for educational | 7 |
| development in children, and that well-educated youth are a | 8 |
| critical component of a skilled and productive workforce, | 9 |
| declares that the following are the purposes of this Law: | 10 |
| (1) To ensure that youth who are parents, expectant | 11 |
| parents, or the victims of domestic or sexual violence are | 12 |
| identified by schools in a manner respectful of their | 13 |
| privacy and safety; treated with dignity and regard; and | 14 |
| provided the protection, instruction, and related support | 15 |
| services necessary to enable them to meet State educational | 16 |
| standards and successfully attain a high school diploma. | 17 |
| (2) To ensure that Illinois school-level staff and | 18 |
| policymakers understand and are sensitive to the needs and | 19 |
| characteristics of such youth, while recognizing and | 20 |
| honoring the role they will play and the choices they will | 21 |
| make in ensuring their own success in school and beyond. | 22 |
| (3) To afford protections in a school setting to a | 23 |
| population of youth who have historically been stigmatized | 24 |
| and discriminated against. | 25 |
| (4) To promote best practices in Illinois' schools for |
|
|
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| 1 |
| the fulfillment of the constitutional goal of the | 2 |
| "educational development of all persons to the limits of | 3 |
| their capacities". | 4 |
| (105 ILCS 5/13C-10 new)
| 5 |
| Sec. 13C-10. Legislative findings. The General Assembly | 6 |
| finds and declares all of the following: | 7 |
| (1) Youth, due to early pregnancy, childbearing, | 8 |
| parenting, or the experience of domestic or sexual | 9 |
| violence, experience significant educational losses | 10 |
| leading to a lifelong loss of schooling. | 11 |
| (2) Almost 60% of youth with a school-age pregnancy | 12 |
| drop out between 8th and 12th grade. | 13 |
| (3) This issue is of particular concern in Illinois, | 14 |
| where in 2004 almost 10% of Illinois births were to teen | 15 |
| mothers. | 16 |
| (4) More than 60% of young women who become pregnant as | 17 |
| youths have been sexually or physically abused at some | 18 |
| point in their lives. | 19 |
| (5) Over 60% of forcible rapes occur before the victim | 20 |
| is 18 years old. | 21 |
| (6) In 2001, 8.1% of Illinois students reported being a | 22 |
| victim of dating violence and 5.6% reported having been | 23 |
| sexually assaulted. | 24 |
| (7) Lifelong loss of schooling has a significant impact | 25 |
| on one's ability to attain economic success and stability |
|
|
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| later in life. | 2 |
| (105 ILCS 5/13C-15 new)
| 3 |
| Sec. 13C-15. Definitions. In this Article, unless the | 4 |
| context otherwise requires: | 5 |
| "Domestic or sexual violence organization" means a | 6 |
| nonprofit, nongovernmental organization that provides | 7 |
| assistance to victims of domestic or sexual violence or to | 8 |
| advocates for such victims, including an organization carrying | 9 |
| out a domestic or sexual violence program; an organization | 10 |
| operating a shelter or a rape crisis center or providing | 11 |
| counseling services; or an organization that seeks to eliminate | 12 |
| domestic or sexual violence through legislative advocacy or | 13 |
| policy change, public education, or service collaboration.
| 14 |
| "Domestic violence" includes one or more acts or threats of | 15 |
| violence among family or household members or persons who have | 16 |
| or have had a dating or engagement relationship, not including | 17 |
| acts of self-defense or the defense of another, as "domestic | 18 |
| violence" and "family or household members" are defined in | 19 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 20 |
| "Expectant parent" means a female who is pregnant or a male | 21 |
| who voluntarily identifies himself as the parent of an unborn | 22 |
| child by seeking services for teen parents and who has not yet | 23 |
| graduated from secondary school as provided in Section 22-22 of | 24 |
| this Code. | 25 |
| "Parent" means a person who is a custodial parent or a |
|
|
|
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| noncustodial parent taking an active role in the care and | 2 |
| supervision of a child and who has not yet graduated from | 3 |
| secondary school as provided in Section 22-22 of this Code. | 4 |
| "Perpetrator" means an individual who commits or is alleged | 5 |
| to have committed any act or threat of domestic or sexual | 6 |
| violence. | 7 |
| "School" means without limitation (i) a public or | 8 |
| State-operated elementary or secondary school; (ii) a school | 9 |
| operated pursuant to an agreement with a public school | 10 |
| district, including a cooperative or joint agreement with a | 11 |
| governing body or board of control; (iii) a charter school | 12 |
| operating in compliance with the Charter Schools Law; (iv) a | 13 |
| school operated under Section 13A-3 of this Code; (v) an | 14 |
| alternative school operated by third parties within the City of | 15 |
| Chicago under Section 13A-11 of this Code; (vi) an alternative | 16 |
| learning opportunities program operated under Section 13B of | 17 |
| this Code; or (vii) a public school administered by a local | 18 |
| public agency or the Department of Human Services operating | 19 |
| pursuant to the authority of this Code. | 20 |
| "School district" means any public entity responsible for | 21 |
| administering schools, including districts subject to Article | 22 |
| 34 of this Code, and includes other entities responsible for | 23 |
| administering public schools, such as cooperatives, joint | 24 |
| agreements, charter schools, special charter districts, | 25 |
| regional offices of education, local agencies, and the | 26 |
| Department of Human Services. |
|
|
|
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| "Sexual violence" means sexual assault, abuse, or stalking | 2 |
| of an adult or minor child proscribed in the Criminal Code of | 3 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 4 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 5 |
| by perpetrators who are strangers to the victim and sexual | 6 |
| violence committed by perpetrators who are known or related by | 7 |
| blood or marriage to the victim. | 8 |
| "Student" means any youth enrolled, eligible to enroll, or | 9 |
| previously enrolled in a school who has not yet graduated from | 10 |
| secondary school as provided in Section 22-22 of this Code. | 11 |
| "Victim" means an individual who has been subjected to one | 12 |
| or more acts of domestic or sexual violence. | 13 |
| "Youth", except as otherwise provided in this Code, means a | 14 |
| child, student, or juvenile below the age of 21 years who has | 15 |
| not yet completed his or her prescribed course of study or has | 16 |
| not graduated from secondary school as provided in Section | 17 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 18 |
| unaccompanied youth not in the physical custody of a parent or | 19 |
| guardian.
| 20 |
| (105 ILCS 5/13C-20 new)
| 21 |
| Sec. 13C-20. Confidentiality. School districts shall adopt | 22 |
| and implement a policy and protocol to ensure that all | 23 |
| information concerning a youth's status as a parent, expectant | 24 |
| parent, or victim of domestic or sexual violence provided to | 25 |
| the school or school district or its employees or agents |
|
|
|
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| 1 |
| pursuant to this Code or otherwise, including a statement of | 2 |
| the youth or any other documentation, record, or corroborating | 3 |
| evidence, and the fact that the youth has requested or obtained | 4 |
| assistance, accommodations, or services pursuant to this Code | 5 |
| shall be retained in the strictest confidence by the school or | 6 |
| school district and its employees and agents, except to the | 7 |
| extent that disclosure is (i) requested or consented to in | 8 |
| writing by the youth or the youth's parent or guardian, if it | 9 |
| is safe to obtain written consent of the youth's parent or | 10 |
| guardian, or (ii) otherwise required by applicable federal or | 11 |
| State law. School districts shall take all actions necessary to | 12 |
| comply with this Section no later than July 1, 2008. | 13 |
| (105 ILCS 5/13C-25 new)
| 14 |
| Sec. 13C-25. Right to attend school. Youth who are parents, | 15 |
| expectant parents, or victims of domestic or sexual violence | 16 |
| have the right to attend school and receive the same or | 17 |
| equivalent educational instruction as other youth. No such | 18 |
| youth shall be deprived of or denied the opportunity to | 19 |
| participate in or complete an elementary and secondary public | 20 |
| school education because of his or her status as a parent, | 21 |
| expectant parent, or victim of domestic or sexual violence. | 22 |
| Written notice of the right to attend school and all of the | 23 |
| provisions under this Code about youth who are parents, | 24 |
| expectant parents, or victims of domestic or sexual violence | 25 |
| and all current school and school district policies about youth |
|
|
|
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| 1 |
| who are parents, expectant parents, or victims of domestic or | 2 |
| sexual violence must be provided by each school district in the | 3 |
| form of policy manuals, employee and student handbooks, or | 4 |
| other written documentation. The written notice must be | 5 |
| distributed to all students, parents and guardians of students, | 6 |
| and school personnel at the beginning of each school year. In | 7 |
| addition, the notice must be distributed to individual youth | 8 |
| (i) at the time of transfer or withdrawal from school; (ii) at | 9 |
| the time the school learns of the youth's status as a parent, | 10 |
| expectant parent, or victim of domestic or sexual violence; and | 11 |
| (iii) at the time of any adverse action, including, but not | 12 |
| limited to, disenrollment, suspension, or expulsion. The | 13 |
| written notice must be available on request at no charge.
| 14 |
| (105 ILCS 5/13C-30 new)
| 15 |
| Sec. 13C-30. Review and revision of policies. School | 16 |
| districts shall review and revise any existing policies that | 17 |
| may act as barriers to the enrollment, reenrollment, | 18 |
| attendance, and success in school of any youth who is a parent, | 19 |
| expectant parent, or victim of domestic or sexual violence. | 20 |
| School districts shall adopt new policies, as needed, to | 21 |
| implement the provisions of this Code about students who are | 22 |
| parents, expectant parents, or victims of domestic or sexual | 23 |
| violence. School districts shall confer with persons with | 24 |
| expertise in youth who are parents or expectant parents and | 25 |
| persons with expertise in domestic and sexual violence, |
|
|
|
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| 1 |
| including domestic and sexual violence organizations, in the | 2 |
| review and revision of existing policies and the adoption of | 3 |
| new policies, including those related to confidentiality. | 4 |
| School districts shall take all actions necessary to comply | 5 |
| with this Section no later than July 1, 2008 and no later than | 6 |
| July 1 every 2 years thereafter. | 7 |
| (105 ILCS 5/13C-35 new)
| 8 |
| Sec. 13C-35. Specially trained personnel. | 9 |
| (a) Each school district shall employ at least one staff | 10 |
| person who is a school social worker, psychologist, counselor, | 11 |
| or nurse and who is also trained to address in a confidential | 12 |
| and sensitive manner the needs of youth who are parents, | 13 |
| expectant parents, or victims of domestic or sexual violence. | 14 |
| School districts with more than 10,000 students shall employ at | 15 |
| least one additional staff person who is either a school social | 16 |
| worker, psychologist, counselor, or nurse and who is trained to | 17 |
| address in a confidential and sensitive manner the needs of | 18 |
| youth who are parents, expectant parents, or victims of | 19 |
| domestic or sexual violence for every additional 10,000 | 20 |
| students. Designated staff are responsible for, but not limited | 21 |
| to, all of the following activities: | 22 |
| (1) Communicating with and listening to such youth who | 23 |
| are parents, expectant parents, or victims of domestic or | 24 |
| sexual violence. | 25 |
| (2) Connecting such youth to appropriate in-school |
|
|
|
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| 1 |
| services and other agencies, programs, and services, as | 2 |
| needed. | 3 |
| (3) Coordinating and monitoring the implementation of | 4 |
| the school district's policy, procedures, and protocols in | 5 |
| cases involving student allegations of domestic or sexual | 6 |
| violence. | 7 |
| (4) Coordinating and monitoring the implementation of | 8 |
| the school district's policy, procedures, and protocols as | 9 |
| set forth in provisions of this Code about students who are | 10 |
| parents, expectant parents, or victims of domestic or | 11 |
| sexual violence.
| 12 |
| (5) Assisting such youth in their efforts to exercise | 13 |
| and preserve their rights set forth in provisions of this | 14 |
| Code about students who are parents, expectant parents, or | 15 |
| victims of domestic or sexual violence. | 16 |
| (6) Assisting in providing staff development to | 17 |
| establish a positive and sensitive learning environment | 18 |
| for such youth.
| 19 |
| (b) At a minimum, designated or appointed staff must be | 20 |
| trained to understand, provide information and referrals, and | 21 |
| address issues pertaining to youth who are parents, expectant | 22 |
| parents, or victims of domestic or sexual violence, including | 23 |
| theories and dynamics of domestic and sexual violence, the | 24 |
| necessity for confidentiality and the law, policy, procedures, | 25 |
| and protocols implementing confidentiality, and the | 26 |
| notification of such youth's parent or guardian regarding the |
|
|
|
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| 1 |
| youth's status as a parent, expectant parent, or victim of | 2 |
| domestic or sexual violence or the enforcement of such youth's | 3 |
| rights under this Code when notice of the youth's status or the | 4 |
| involvement of the youth's parent or guardian may put the | 5 |
| health or safety of the youth at risk. | 6 |
| (c) School districts shall designate or appoint and train | 7 |
| all specially trained personnel, and such personnel shall | 8 |
| assist in implementing the duties described in this Section no | 9 |
| later than April 1, 2008, except in those school districts | 10 |
| where there exists a collective bargaining agreement on the | 11 |
| effective date of this amendatory Act of the 95th General | 12 |
| Assembly and where implementation of this Section on or before | 13 |
| April 1, 2008 would be a violation of that collective | 14 |
| bargaining agreement. In the event that implementation of some | 15 |
| activities required under this Section is prevented by an | 16 |
| existing collective bargaining agreement, the school district | 17 |
| must comply with this Section to the fullest extent allowed by | 18 |
| the existing collective bargaining agreement no later than | 19 |
| April 1, 2008. In those instances where a collective bargaining | 20 |
| agreement, which either fully or partially prevents full | 21 |
| implementation of this Section, expires after April 1, 2008, | 22 |
| the school district shall designate or appoint and train all | 23 |
| specially trained personnel who shall implement the duties | 24 |
| described in this Section no later than the effective date of | 25 |
| the new collective bargaining agreement that immediately | 26 |
| succeeds the collective bargaining agreement in effect on the |
|
|
|
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LRB095 08290 NHT 28462 b |
|
| 1 |
| effective date of this amendatory Act of the 95th General | 2 |
| Assembly.
| 3 |
| (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| 4 |
| Sec. 14-8.02. Identification, Evaluation and Placement of | 5 |
| Children.
| 6 |
| (a) The State Board of Education shall make rules under | 7 |
| which local school
boards shall determine the eligibility of | 8 |
| children to receive special
education. Such rules shall ensure | 9 |
| that a free appropriate public
education be available to all | 10 |
| children with disabilities as
defined in
Section 14-1.02. The | 11 |
| State Board of Education shall require local school
districts | 12 |
| to administer non-discriminatory procedures or tests to
| 13 |
| limited English proficiency students coming from homes in which | 14 |
| a language
other than English is used to determine their | 15 |
| eligibility to receive special
education. The placement of low | 16 |
| English proficiency students in special
education programs and | 17 |
| facilities shall be made in accordance with the test
results | 18 |
| reflecting the student's linguistic, cultural and special | 19 |
| education
needs. For purposes of determining the eligibility of | 20 |
| children the State
Board of Education shall include in the | 21 |
| rules definitions of "case study",
"staff conference", | 22 |
| "individualized educational program", and "qualified
| 23 |
| specialist" appropriate to each category of children with
| 24 |
| disabilities as defined in
this Article. For purposes of | 25 |
| determining the eligibility of children from
homes in which a |
|
|
|
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| 1 |
| language other than English is used, the State Board of
| 2 |
| Education shall include in the rules
definitions for "qualified | 3 |
| bilingual specialists" and "linguistically and
culturally | 4 |
| appropriate individualized educational programs". For purposes | 5 |
| of this
Section, as well as Sections 14-8.02a, 14-8.02b, and | 6 |
| 14-8.02c of this Code,
"parent" means a parent as defined in | 7 |
| the federal Individuals with Disabilities Education Act (20 | 8 |
| U.S.C. 1401(23)).
| 9 |
| (b) No child shall be eligible for special education | 10 |
| facilities except
with a carefully completed case study fully | 11 |
| reviewed by professional
personnel in a multidisciplinary | 12 |
| staff conference and only upon the
recommendation of qualified | 13 |
| specialists or a qualified bilingual specialist, if
available. | 14 |
| At the conclusion of the multidisciplinary staff conference, | 15 |
| the
parent of the child shall be given a copy of the | 16 |
| multidisciplinary
conference summary report and | 17 |
| recommendations, which includes options
considered, and be | 18 |
| informed of their right to obtain an independent educational
| 19 |
| evaluation if they disagree with the evaluation findings | 20 |
| conducted or obtained
by the school district. If the school | 21 |
| district's evaluation is shown to be
inappropriate, the school | 22 |
| district shall reimburse the parent for the cost of
the | 23 |
| independent evaluation. The State Board of Education shall, | 24 |
| with advice
from the State Advisory Council on Education of | 25 |
| Children with
Disabilities on the
inclusion of specific | 26 |
| independent educational evaluators, prepare a list of
|
|
|
|
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| 1 |
| suggested independent educational evaluators. The State Board | 2 |
| of Education
shall include on the list clinical psychologists | 3 |
| licensed pursuant to the
Clinical Psychologist Licensing Act. | 4 |
| Such psychologists shall not be paid fees
in excess of the | 5 |
| amount that would be received by a school psychologist for
| 6 |
| performing the same services. The State Board of Education | 7 |
| shall supply school
districts with such list and make the list | 8 |
| available to parents at their
request. School districts shall | 9 |
| make the list available to parents at the time
they are | 10 |
| informed of their right to obtain an independent educational
| 11 |
| evaluation. However, the school district may initiate an | 12 |
| impartial
due process hearing under this Section within 5 days | 13 |
| of any written parent
request for an independent educational | 14 |
| evaluation to show that
its evaluation is appropriate. If the | 15 |
| final decision is that the evaluation
is appropriate, the | 16 |
| parent still has a right to an independent educational
| 17 |
| evaluation, but not at public expense. An independent | 18 |
| educational
evaluation at public expense must be completed | 19 |
| within 30 days of a parent
written request unless the school | 20 |
| district initiates an
impartial due process hearing or the | 21 |
| parent or school district
offers reasonable grounds to show | 22 |
| that such 30 day time period should be
extended. If the due | 23 |
| process hearing decision indicates that the parent is entitled | 24 |
| to an independent educational evaluation, it must be
completed | 25 |
| within 30 days of the decision unless the parent or
the school | 26 |
| district offers reasonable grounds to show that such 30 day
|
|
|
|
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| 1 |
| period should be extended. If a parent disagrees with the | 2 |
| summary report or
recommendations of the multidisciplinary | 3 |
| conference or the findings of any
educational evaluation which | 4 |
| results therefrom, the school
district shall not proceed with a | 5 |
| placement based upon such evaluation and
the child shall remain | 6 |
| in his or her regular classroom setting.
No child shall be | 7 |
| eligible for admission to a
special class for the educable | 8 |
| mentally disabled or for the
trainable
mentally disabled except | 9 |
| with a psychological evaluation
and
recommendation by a school | 10 |
| psychologist. Consent shall be obtained from
the parent of a | 11 |
| child before any evaluation is conducted.
If consent is not | 12 |
| given by the parent or if the parent disagrees with the | 13 |
| findings of the evaluation, then the school
district may | 14 |
| initiate an impartial due process hearing under this Section.
| 15 |
| The school district may evaluate the child if that is the | 16 |
| decision
resulting from the impartial due process hearing and | 17 |
| the decision is not
appealed or if the decision is affirmed on | 18 |
| appeal.
The determination of eligibility shall be made and the | 19 |
| IEP meeting shall be completed within 60 school days
from the | 20 |
| date of written parental consent. In those instances when | 21 |
| written parental consent is obtained with fewer than 60 pupil | 22 |
| attendance days left in the school year,
the eligibility | 23 |
| determination shall be made and the IEP meeting shall be | 24 |
| completed prior to the first day of the
following school year. | 25 |
| After a child has been determined to be eligible for a
special | 26 |
| education class, such child must be placed in the appropriate
|
|
|
|
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| 1 |
| program pursuant to the individualized educational program by | 2 |
| or no
later than the beginning of the next school semester. The | 3 |
| appropriate
program pursuant to the individualized educational | 4 |
| program of students
whose native tongue is a language other | 5 |
| than English shall reflect the
special education, cultural and | 6 |
| linguistic needs. No later than September
1, 1993, the State | 7 |
| Board of Education shall establish standards for the
| 8 |
| development, implementation and monitoring of appropriate | 9 |
| bilingual special
individualized educational programs. The | 10 |
| State Board of Education shall
further incorporate appropriate | 11 |
| monitoring procedures to verify implementation
of these | 12 |
| standards. The district shall indicate to the parent and
the | 13 |
| State Board of Education the nature of the services the child | 14 |
| will receive
for the regular school term while waiting | 15 |
| placement in the appropriate special
education class.
| 16 |
| If the child is deaf, hard of hearing, blind, or visually | 17 |
| impaired and
he or she might be eligible to receive services | 18 |
| from the Illinois School for
the Deaf or the Illinois School | 19 |
| for the Visually Impaired, the school
district shall notify the | 20 |
| parents, in writing, of the existence of
these schools
and the | 21 |
| services
they provide and shall make a reasonable effort to | 22 |
| inform the parents of the existence of other, local schools | 23 |
| that provide similar services and the services that these other | 24 |
| schools provide. This notification
shall
include without | 25 |
| limitation information on school services, school
admissions | 26 |
| criteria, and school contact information.
|
|
|
|
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| 1 |
| If the student may be eligible to participate in the | 2 |
| Home-Based Support
Services Program for Mentally Disabled | 3 |
| Adults authorized under the
Developmental Disability and | 4 |
| Mental Disability Services Act upon becoming an
adult, the | 5 |
| student's individualized education program shall include plans | 6 |
| for
(i) determining the student's eligibility for those | 7 |
| home-based services, (ii)
enrolling the student in the program | 8 |
| of home-based services, and (iii)
developing a plan for the | 9 |
| student's most effective use of the home-based
services after | 10 |
| the student becomes an adult and no longer receives special
| 11 |
| educational services under this Article. The plans developed | 12 |
| under this
paragraph shall include specific actions to be taken | 13 |
| by specified individuals,
agencies, or officials.
| 14 |
| (c) In the development of the individualized education | 15 |
| program for a
student who is functionally blind, it shall be | 16 |
| presumed that proficiency in
Braille reading and writing is | 17 |
| essential for the student's satisfactory
educational progress. | 18 |
| For purposes of this subsection, the State Board of
Education | 19 |
| shall determine the criteria for a student to be classified as
| 20 |
| functionally blind. Students who are not currently identified | 21 |
| as
functionally blind who are also entitled to Braille | 22 |
| instruction include:
(i) those whose vision loss is so severe | 23 |
| that they are unable to read and
write at a level comparable to | 24 |
| their peers solely through the use of
vision, and (ii) those | 25 |
| who show evidence of progressive vision loss that
may result in | 26 |
| functional blindness. Each student who is functionally blind
|
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| shall be entitled to Braille reading and writing instruction | 2 |
| that is
sufficient to enable the student to communicate with | 3 |
| the same level of
proficiency as other students of comparable | 4 |
| ability. Instruction should be
provided to the extent that the | 5 |
| student is physically and cognitively able
to use Braille. | 6 |
| Braille instruction may be used in combination with other
| 7 |
| special education services appropriate to the student's | 8 |
| educational needs.
The assessment of each student who is | 9 |
| functionally blind for the purpose of
developing the student's | 10 |
| individualized education program shall include
documentation | 11 |
| of the student's strengths and weaknesses in Braille skills.
| 12 |
| Each person assisting in the development of the individualized | 13 |
| education
program for a student who is functionally blind shall | 14 |
| receive information
describing the benefits of Braille | 15 |
| instruction. The individualized
education program for each | 16 |
| student who is functionally blind shall
specify the appropriate | 17 |
| learning medium or media based on the assessment
report.
| 18 |
| (c-5) In this subsection (c-5), unless the context | 19 |
| otherwise requires: | 20 |
| "Domestic violence" includes one or more acts or threats of | 21 |
| violence among family or household members or persons who have | 22 |
| or have had a dating or engagement relationship, not including | 23 |
| acts of self-defense or the defense of another, as "domestic | 24 |
| violence" and "family or household members" are defined in | 25 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 26 |
| "Expectant parent" means a female who is pregnant or a male |
|
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| who voluntarily identifies himself as the parent of an unborn | 2 |
| child by seeking services for teen parents and who has not yet | 3 |
| graduated from secondary school as provided in Section 22-22 of | 4 |
| this Code. | 5 |
| "Parent" means a person who is a custodial parent or a | 6 |
| noncustodial parent taking an active role in the care and | 7 |
| supervision of a child and who has not yet graduated from | 8 |
| secondary school as provided in Section 22-22 of this Code. | 9 |
| "Perpetrator" means an individual who commits or is alleged | 10 |
| to have committed any act of domestic or sexual violence. | 11 |
| "Sexual violence" means sexual assault, abuse, or stalking | 12 |
| of an adult or minor child proscribed in the Criminal Code of | 13 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 14 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 15 |
| by perpetrators who are strangers to the victim and sexual | 16 |
| violence committed by perpetrators who are known or related by | 17 |
| blood or marriage to the victim. | 18 |
| "Student" means any youth enrolled, eligible to enroll, or | 19 |
| previously enrolled in a school who has not yet graduated from | 20 |
| secondary school as provided in Section 22-22 of this Code. | 21 |
| "Victim" means an individual who has been subjected to one | 22 |
| or more acts of domestic or sexual violence. | 23 |
| In the development of the individualized education program | 24 |
| for a student who is also a parent, expectant parent, or victim | 25 |
| of domestic or sexual violence, any appropriate accommodations | 26 |
| or services for that student in connection with these |
|
|
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| circumstances, with the exception of information that is | 2 |
| confidential under applicable privacy laws, must be included as | 3 |
| part of the student's individualized education program.
| 4 |
| (d) To the maximum extent appropriate, the placement shall | 5 |
| provide the
child with the opportunity to be educated with | 6 |
| children who are not
disabled; provided that children with
| 7 |
| disabilities who are recommended to be
placed into regular | 8 |
| education classrooms are provided with supplementary
services | 9 |
| to assist the children with disabilities to benefit
from the | 10 |
| regular
classroom instruction and are included on the teacher's | 11 |
| regular education class
register. Subject to the limitation of | 12 |
| the preceding sentence, placement in
special classes, separate | 13 |
| schools or other removal of the disabled child
from the regular | 14 |
| educational environment shall occur only when the nature of
the | 15 |
| severity of the disability is such that education in the
| 16 |
| regular classes with
the use of supplementary aids and services | 17 |
| cannot be achieved satisfactorily.
The placement of limited | 18 |
| English proficiency students with disabilities shall
be in | 19 |
| non-restrictive environments which provide for integration | 20 |
| with
non-disabled peers in bilingual classrooms. Annually, | 21 |
| each January, school districts shall report data on students | 22 |
| from non-English
speaking backgrounds receiving special | 23 |
| education and related services in
public and private facilities | 24 |
| as prescribed in Section 2-3.30. If there
is a disagreement | 25 |
| between parties involved regarding the special education
| 26 |
| placement of any child, either in-state or out-of-state, the |
|
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| placement is
subject to impartial due process procedures | 2 |
| described in Article 10 of the
Rules and Regulations to Govern | 3 |
| the Administration and Operation of Special
Education.
| 4 |
| (e) No child who comes from a home in which a language | 5 |
| other than English
is the principal language used may be | 6 |
| assigned to any class or program
under this Article until he | 7 |
| has been given, in the principal language
used by the child and | 8 |
| used in his home, tests reasonably related to his
cultural | 9 |
| environment. All testing and evaluation materials and | 10 |
| procedures
utilized for evaluation and placement shall not be | 11 |
| linguistically, racially or
culturally discriminatory.
| 12 |
| (f) Nothing in this Article shall be construed to require | 13 |
| any child to
undergo any physical examination or medical | 14 |
| treatment whose parents object thereto on the grounds that such | 15 |
| examination or
treatment conflicts with his religious beliefs.
| 16 |
| (g) School boards or their designee shall provide to the | 17 |
| parents of a child prior written notice of any decision (a) | 18 |
| proposing
to initiate or change, or (b) refusing to initiate or | 19 |
| change, the
identification, evaluation, or educational | 20 |
| placement of the child or the
provision of a free appropriate | 21 |
| public education to their child, and the
reasons therefor. Such | 22 |
| written notification shall also inform the
parent of the | 23 |
| opportunity to present complaints with respect
to any matter | 24 |
| relating to the educational placement of the student, or
the | 25 |
| provision of a free appropriate public education and to have an
| 26 |
| impartial due process hearing on the complaint. The notice |
|
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| shall inform
the parents in the parents' native language,
| 2 |
| unless it is clearly not feasible to do so, of their rights and | 3 |
| all
procedures available pursuant to this Act and the federal | 4 |
| Individuals with Disabilities Education Improvement Act of | 5 |
| 2004 (Public Law 108-446); it
shall be the responsibility of | 6 |
| the State Superintendent to develop
uniform notices setting | 7 |
| forth the procedures available under this Act
and the federal | 8 |
| Individuals with Disabilities Education Improvement Act of | 9 |
| 2004 (Public Law 108-446) to be used by all school boards. The | 10 |
| notice
shall also inform the parents of the availability upon
| 11 |
| request of a list of free or low-cost legal and other relevant | 12 |
| services
available locally to assist parents in initiating an
| 13 |
| impartial due process hearing. Any parent who is deaf, or
does | 14 |
| not normally communicate using spoken English, who | 15 |
| participates in
a meeting with a representative of a local | 16 |
| educational agency for the
purposes of developing an | 17 |
| individualized educational program shall be
entitled to the | 18 |
| services of an interpreter.
| 19 |
| (h) (Blank).
| 20 |
| (i) (Blank).
| 21 |
| (j) (Blank).
| 22 |
| (k) (Blank).
| 23 |
| (l) (Blank).
| 24 |
| (m) (Blank).
| 25 |
| (n) (Blank).
| 26 |
| (o) (Blank).
|
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| 1 |
| (Source: P.A. 93-282, eff. 7-22-03; 94-376, eff. 7-29-05; | 2 |
| 94-1100, eff. 2-2-07.)
| 3 |
| (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
| 4 |
| Sec. 26-2a. A "truant" is defined as a child subject to | 5 |
| compulsory school
attendance and who is absent without valid | 6 |
| cause from such attendance for
a school day or portion thereof.
| 7 |
| "Valid cause" for absence shall be illness, attendance at | 8 |
| pregnancy-related medical appointments, observance of a | 9 |
| religious
holiday, death in the immediate family,
family | 10 |
| emergency, and fulfillment of the student's parenting | 11 |
| responsibilities (including, but not limited to, arranging | 12 |
| child care, caring for the student's sick child, and attending | 13 |
| medical appointments for the student's child) and shall include | 14 |
| such other situations beyond the control
of the student as | 15 |
| determined by the board of education in each district ,
or such | 16 |
| other circumstances which cause reasonable concern to the | 17 |
| parent
or the student for the safety or health of the student , | 18 |
| such as addressing circumstances resulting from domestic or | 19 |
| sexual violence .
| 20 |
| "Chronic or habitual truant" shall be defined as a child | 21 |
| subject to compulsory
school attendance and who is absent | 22 |
| without valid cause from such attendance
for 10% or more of the | 23 |
| previous 180 regular attendance days.
| 24 |
| "Truant minor" is defined as a chronic truant to whom | 25 |
| supportive
services, including prevention, diagnostic, |
|
|
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| intervention and remedial
services, alternative programs and | 2 |
| other school and community resources
have been provided and | 3 |
| have failed to result in the cessation of chronic
truancy, or | 4 |
| have been offered and refused.
| 5 |
| A "dropout" is defined as any child enrolled in grades 1 | 6 |
| through 12 whose
name has been removed from the district | 7 |
| enrollment roster for any reason
other than his death, extended | 8 |
| illness, graduation or completion of a
program of studies and | 9 |
| who has not transferred to another public or private school.
| 10 |
| "Religion" for the purposes of this Article, includes all | 11 |
| aspects of
religious observance and practice, as well as | 12 |
| belief.
| 13 |
| (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
| 14 |
| (105 ILCS 5/27A-5)
| 15 |
| Sec. 27A-5. Charter school; legal entity; requirements.
| 16 |
| (a) A charter school shall be a public, nonsectarian, | 17 |
| nonreligious, non-home
based, and non-profit school. A charter | 18 |
| school shall be organized and operated
as a nonprofit | 19 |
| corporation or other discrete, legal, nonprofit entity
| 20 |
| authorized under the laws of the State of Illinois.
| 21 |
| (b) A charter school may be established under this Article | 22 |
| by creating a new
school or by converting an existing public | 23 |
| school or attendance center to
charter
school status.
Beginning | 24 |
| on the effective date of this amendatory Act of the 93rd | 25 |
| General
Assembly, in all new
applications submitted to the |
|
|
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| State Board or a local school board to establish
a charter
| 2 |
| school in a city having a population exceeding 500,000, | 3 |
| operation of the
charter
school shall be limited to one campus. | 4 |
| The changes made to this Section by this
amendatory Act
of the | 5 |
| 93rd General
Assembly do not apply to charter schools existing | 6 |
| or approved on or before the
effective date of this
amendatory | 7 |
| Act.
| 8 |
| (c) A charter school shall be administered and governed by | 9 |
| its board of
directors or other governing body
in the manner | 10 |
| provided in its charter. The governing body of a charter school
| 11 |
| shall be subject to the Freedom of Information Act and the Open | 12 |
| Meetings Act.
| 13 |
| (d) A charter school shall comply with all applicable | 14 |
| health and safety
requirements applicable to public schools | 15 |
| under the laws of the State of
Illinois.
| 16 |
| (e) Except as otherwise provided in the School Code, a | 17 |
| charter school shall
not charge tuition; provided that a | 18 |
| charter school may charge reasonable fees
for textbooks, | 19 |
| instructional materials, and student activities.
| 20 |
| (f) A charter school shall be responsible for the | 21 |
| management and operation
of its fiscal affairs including,
but | 22 |
| not limited to, the preparation of its budget. An audit of each | 23 |
| charter
school's finances shall be conducted annually by an | 24 |
| outside, independent
contractor retained by the charter | 25 |
| school.
| 26 |
| (g) A charter school shall comply with all provisions of |
|
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| this Article and
its charter. A charter
school is exempt from | 2 |
| all other State laws and regulations in the School Code
| 3 |
| governing public
schools and local school board policies, | 4 |
| except the following:
| 5 |
| (1) Sections 10-21.9 and 34-18.5 of the School Code | 6 |
| regarding criminal
history records checks and checks of the | 7 |
| Statewide Sex Offender Database of applicants for | 8 |
| employment;
| 9 |
| (2) Sections 24-24 and 34-84A of the School Code | 10 |
| regarding discipline of
students;
| 11 |
| (3) The Local Governmental and Governmental Employees | 12 |
| Tort Immunity Act;
| 13 |
| (4) Section 108.75 of the General Not For Profit | 14 |
| Corporation Act of 1986
regarding indemnification of | 15 |
| officers, directors, employees, and agents;
| 16 |
| (5) The Abused and Neglected Child Reporting Act;
| 17 |
| (6) The Illinois School Student Records Act; and
| 18 |
| (7) Section 10-17a of the School Code regarding school | 19 |
| report cards ; and .
| 20 |
| (8) Provisions about students who are parents, | 21 |
| expectant parents, or victims of domestic or sexual | 22 |
| violence.
| 23 |
| (h) A charter school may negotiate and contract with a | 24 |
| school district, the
governing body of a State college or | 25 |
| university or public community college, or
any other public or | 26 |
| for-profit or nonprofit private entity for: (i) the use
of a |
|
|
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| school building and grounds or any other real property or | 2 |
| facilities that
the charter school desires to use or convert | 3 |
| for use as a charter school site,
(ii) the operation and | 4 |
| maintenance thereof, and
(iii) the provision of any service, | 5 |
| activity, or undertaking that the charter
school is required to | 6 |
| perform in order to carry out the terms of its charter.
| 7 |
| However, a charter school
that is established on
or
after the | 8 |
| effective date of this amendatory Act of the 93rd General
| 9 |
| Assembly and that operates
in a city having a population | 10 |
| exceeding
500,000 may not contract with a for-profit entity to
| 11 |
| manage or operate the school during the period that commences | 12 |
| on the
effective date of this amendatory Act of the 93rd | 13 |
| General Assembly and
concludes at the end of the 2004-2005 | 14 |
| school year.
Except as provided in subsection (i) of this | 15 |
| Section, a school district may
charge a charter school | 16 |
| reasonable rent for the use of the district's
buildings, | 17 |
| grounds, and facilities. Any services for which a charter | 18 |
| school
contracts
with a school district shall be provided by | 19 |
| the district at cost. Any services
for which a charter school | 20 |
| contracts with a local school board or with the
governing body | 21 |
| of a State college or university or public community college
| 22 |
| shall be provided by the public entity at cost.
| 23 |
| (i) In no event shall a charter school that is established | 24 |
| by converting an
existing school or attendance center to | 25 |
| charter school status be required to
pay rent for space
that is | 26 |
| deemed available, as negotiated and provided in the charter |
|
|
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| agreement,
in school district
facilities. However, all other | 2 |
| costs for the operation and maintenance of
school district | 3 |
| facilities that are used by the charter school shall be subject
| 4 |
| to negotiation between
the charter school and the local school | 5 |
| board and shall be set forth in the
charter.
| 6 |
| (j) A charter school may limit student enrollment by age or | 7 |
| grade level.
| 8 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, | 9 |
| eff. 7-14-05.)
| 10 |
| Section 97. Severability. The provisions of this Act are | 11 |
| severable under Section 1.31 of the Statute on Statutes.
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.
|
|
|
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 105 ILCS 5/10-22.6 |
from Ch. 122, par. 10-22.6 |
| 4 |
| 105 ILCS 5/10-22.6a |
from Ch. 122, par. 10-22.6a |
| 5 |
| 105 ILCS 5/10-22.39 |
from Ch. 122, par. 10-22.39 |
| 6 |
| 105 ILCS 5/13A-11 |
|
| 7 |
| 105 ILCS 5/Art. 13C | 8 |
| heading new |
|
| 9 |
| 105 ILCS 5/13C-1 new |
|
| 10 |
| 105 ILCS 5/13C-5 new |
|
| 11 |
| 105 ILCS 5/13C-10 new |
|
| 12 |
| 105 ILCS 5/13C-15 new |
|
| 13 |
| 105 ILCS 5/13C-20 new |
|
| 14 |
| 105 ILCS 5/13C-25 new |
|
| 15 |
| 105 ILCS 5/13C-30 new |
|
| 16 |
| 105 ILCS 5/13C-35 new |
|
| 17 |
| 105 ILCS 5/14-8.02 |
from Ch. 122, par. 14-8.02 |
| 18 |
| 105 ILCS 5/26-2a |
from Ch. 122, par. 26-2a |
| 19 |
| 105 ILCS 5/27A-5 |
|
| |
|