SB0449ham001 101ST GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 5/6/2019

10100SB0449ham001 LRB101 04210 AXK 60268 a

AMENDMENT TO SENATE BILL 449

AMENDMENT NO. ______. Amend Senate Bill 449 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and 34-18.24 and by adding Article 26A as follows:

(105 ILCS 5/10-21.3a)

Sec. 10-21.3a. Transfer of students.

(a) Each school board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student's parent or guardian. A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria.

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) Each school board shall establish and implement a policy governing the transfer of students within a school district from a persistently dangerous school to another public school in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous school, the school must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the school expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C. 921.

(3) Have at least 3% of the students enrolled in the school exercise the individual option to transfer schools pursuant to subsection (c) of this Section.

(c) A student may transfer from one public school to another public school in that district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act. The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event.

(d) (Blank).

(e) Notwithstanding any other provision of this Code, a student who is a victim of gender-based violence, as defined in Article 26A, must be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. A transfer under this subsection within the student's current school district must be considered before a transfer into a different school district. The school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. The school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. If no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. The school district the student seeks to transfer to may deny a transfer to a particular attendance center if any of the situations described in items (i) through (iii) of this subsection apply. A school district must waive tuition for a student who transfers under this subsection to the school district and is a nonresident. A student who transfers to another school under this subsection due to gender-based violence must have full and immediate access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. A school district may not require a student who is a victim of gender-based violence to transfer to another school or school district. No adverse or prejudicial effects may result to any student who is a victim of gender-based violence because of the student availing himself or herself of or declining the provisions of this subsection.

(Source: P.A. 100-1046, eff. 8-23-18.)

(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

Sec. 10-22.6. Suspension or expulsion of pupils; school searches.

(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, pursuant to subsection (b-20) of this Section, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. If the board acts to expel a pupil, the written expulsion decision shall detail the specific reasons why removing the pupil from the learning environment is in the best interest of the school. The expulsion decision shall also include a rationale as to the specific duration of the expulsion. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, pursuant to subsections (b-15) and (b-20) of this Section, and no action shall lie against them for such suspension. The board may by policy authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons.

Any suspension shall be reported immediately to the parents or guardian of a pupil along with a full statement of the reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the parents or guardian, the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review, the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. If a student is suspended pursuant to this subsection (b), the board shall, in the written suspension decision, detail the specific act of gross disobedience or misconduct resulting in the decision to suspend. The suspension decision shall also include a rationale as to the specific duration of the suspension. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b-5) Among the many possible disciplinary interventions and consequences available to school officials, school exclusions, such as out-of-school suspensions and expulsions, are the most serious. School officials shall limit the number and duration of expulsions and suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educational purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to using out-of-school suspensions or expulsions.

(b-10) Unless otherwise required by federal law or this Code, school boards may not institute zero-tolerance policies by which school administrators are required to suspend or expel students for particular behaviors.

(b-15) Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities. For purposes of this subsection (b-15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of suspensions to the greatest extent practicable.

(b-20) Unless otherwise required by this Code, out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would either (i) pose a threat to the safety of other students, staff, or members of the school community or (ii) substantially disrupt, impede, or interfere with the operation of the school. For purposes of this subsection (b-20), "threat to the safety of other students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subsection (b-20), the determination of whether "appropriate and available behavioral and disciplinary interventions have been exhausted" shall be made by school officials. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of student exclusions to the greatest extent practicable. Within the suspension decision described in subsection (b) of this Section or the expulsion decision described in subsection (a) of this Section, it shall be documented whether other interventions were attempted or whether it was determined that there were no other appropriate and available interventions.

(b-25) Students who are suspended out-of-school for longer than 4 school days shall be provided appropriate and available support services during the period of their suspension. For purposes of this subsection (b-25), "appropriate and available support services" shall be determined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whether such services are to be provided or whether it was determined that there are no such appropriate and available services.

A school district may refer students who are expelled to appropriate and available support services.

A school district shall create a policy to facilitate the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting.

(b-30) A school district shall create a policy by which suspended pupils, including those pupils suspended from the school bus who do not have alternate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the responsibility of a pupil's parent or guardian to notify school officials that a pupil suspended from the school bus does not have alternate transportation to school.

(b-35) In all suspension or expulsion proceedings, a student may disclose his or her status as a parent, expectant parent, or victim of gender-based violence, as defined in Article 26A, which must be considered as a mitigating factor in determining whether to suspend or expel the student or in deciding the nature or severity of the disciplinary action at any time throughout the proceedings. An advocate or representative of the student's choice must be permitted to represent the student throughout the proceedings and to consult with the school board if there is evidence that the student's status as a parent, expectant parent, or victim of gender-based violence may be a factor in the cause for expulsion or suspension. A student who discloses his or her status as a victim of gender-based violence may not be required to work out the problem directly with the perpetrator or the perpetrator's advocate or representative, be personally questioned or cross-examined by the perpetrator or the perpetrator's advocate or representative, have any direct contact with the perpetrator or the perpetrator's advocate or representative, or be in the same room as the perpetrator or the perpetrator's advocate or representative during the proceedings. A suspension or expulsion proceeding under this subsection must be conducted independently from any ongoing criminal investigation or proceeding, and a lack of pursuit of criminal investigations or proceedings may not be a factor in school disciplinary decisions.

(c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.

(c-5) School districts shall make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, the appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis. A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year:

(1) A firearm. For the purposes of this Section, "firearm" means any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or firearm as defined in Section 24-1 of the Criminal Code of 2012. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.

(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the federal Federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code.

(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.

(e) To maintain order and security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has violated or is violating either the law, local ordinance, or the school's policies or rules, such evidence may be seized by school authorities, and disciplinary action may be taken. School authorities may also turn over such evidence to law enforcement authorities.

(f) Suspension or expulsion may include suspension or expulsion from school and all school activities and a prohibition from being present on school grounds.

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school district if there is no threat to the safety of students or staff in the alternative program. A school district that adopts a policy under this subsection must include a provision allowing for consideration of a student's status as a parent, expectant parent, or victim of gender-based violence, as defined in Article 26A, as a mitigating factor in reviews during the disciplinary period and exempting, on a case-by-case basis, from suspension or expulsion those students whose status as a parent, expectant parent, or victim of gender-based violence is a factor in the behavior that gave rise to the suspension or expulsion.

(h) School officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties.

(i) A student may not be issued a monetary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property.

(j) Subsections (a) through (i) and subsection (m) of this Section shall apply to elementary and secondary schools, charter schools, special charter districts, and school districts organized under Article 34 of this Code.

(k) The expulsion of children enrolled in programs funded under Section 1C-2 of this Code is subject to the requirements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code.

(l) Beginning with the 2018-2019 school year, an in-school suspension program provided by a school district for any students in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. A school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program in kindergarten through grade 12.

(m) If a student is faced with either (i) suspension from school due to gross disobedience or misconduct or suspension from riding a school bus due to gross disobedience or misconduct on the school bus as provided in this Section or (ii) expulsion due to gross disobedience or misconduct as provided in this Section and if there is a relationship between the behavior that gave rise to the suspension or expulsion proceedings and the student's status as a parent, expectant parent, or victim of gender-based violence, as defined in Article 26A, then the suspension or expulsion requirement may be modified by the district superintendent or school board on a case-by-case basis.

(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; 100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; revised 10-1-18.)

(105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)

Sec. 10-22.6a. Home instruction; correspondence courses.

(a) To provide by home instruction, correspondence courses, or otherwise courses of instruction for a pupil who is pupils who are unable to attend school because of pregnancy or pregnancy-related conditions, the fulfillment of parenting obligations related to the health of the pupil's child, or health and safety concerns arising from gender-based violence, as defined in Article 26A. Such instruction shall be provided to the pupil (1) before the birth of the child when the pupil's physician, physician assistant, or advanced practice nurse has indicated to the district, in writing, that the pupil is medically unable to attend regular classroom instruction; and (2) for up to 3 months following the birth of the child or a miscarriage; (3) when the pupil must care for his or her ill child if (i) the child's physician, physician assistant, or advanced practice registered nurse has indicated to the district, in writing, that the child has a serious health condition that would require the pupil to be absent from school for 2 or more weeks, (ii) the pupil or the pupil's parent or guardian indicates to the district, in writing, that the pupil is needed to provide care to the child, and (iii) alternative care for the child that is adequate and affordable is unavailable; or (4) when the pupil must treat physical or mental health complications or address safety concerns arising from gender-based violence if the pupil's domestic or sexual violence organization, as defined in Article 26A, or health care provider has indicated to the district, in writing, that the care is needed by the pupil and will cause the pupil's absence from school for one or more weeks. The instruction course shall be designed to offer educational experiences that are equivalent to those given to pupils at the same grade level in the district and that are designed to enable the pupil to return to the classroom. In this subsection (a), "serious health condition" means an illness, injury, impairment, or physical or mental health condition that involves inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider.

(b) Notwithstanding any other provision of law to the contrary, if a pupil is unable to attend regular classes because of the reasons set forth in this Section and has participated in instruction under this Section that is administered by the school or school district, then the pupil may not be penalized for grading purposes or be denied course completion, a return to regular classroom instruction, grade level advancement, or graduation solely on the basis of the pupil's participation in instruction under this Section or the pupil's absence from the regular education program during the period of instruction under this Section. A school or school district may not use instruction under this Section to replace making reasonable accommodations so that pupils who are parents, expectant parents, or victims of gender-based violence may receive regular classroom instruction.

(Source: P.A. 100-443, eff. 8-25-17.)

(105 ILCS 5/13A-11)

Sec. 13A-11. Chicago public schools.

(a) The Chicago Board of Education may establish alternative schools within Chicago and may contract with third parties for services otherwise performed by employees, including those in a bargaining unit, in accordance with Sections 34-8.1, 34-18, and 34-49.

(b) Alternative schools operated by third parties within Chicago shall be exempt from all provisions of this Code, except provisions concerning:

(1) student civil rights;

(2) staff civil rights;

(3) health and safety;

(4) performance and financial audits;

(5) the assessments required under Section 2-3.64a-5 of this Code;

(6) Chicago learning outcomes;

(7) Sections 2-3.25a through 2-3.25j of this Code;

(8) the Inspector General; and

(9) Section 34-2.4b of this Code; and .

(10) Article 26A and any other provision of this Code concerning youth who are parents, expectant parents, or victims of gender-based violence, as defined in Article 26A.

(Source: P.A. 98-972, eff. 8-15-14.)

(105 ILCS 5/22-60)

Sec. 22-60. Unfunded mandates prohibited.

(a) No public school district or private school is obligated to comply with the following types of mandates unless a separate appropriation has been enacted into law providing full funding for the mandate for the school year during which the mandate is required:

(1) Any mandate in this Code enacted after the effective date of this amendatory Act of the 96th General Assembly.

(2) Any regulatory mandate promulgated by the State Board of Education and adopted by rule after the effective date of this amendatory Act of the 96th General Assembly other than those promulgated with respect to this Section or statutes already enacted on or before the effective date of this amendatory Act of the 96th General Assembly.

(b) If the amount appropriated to fund a mandate described in subsection (a) of this Section does not fully fund the mandated activity, then the school district or private school may choose to discontinue or modify the mandated activity to ensure that the costs of compliance do not exceed the funding received.

Before discontinuing or modifying the mandate, the school district shall petition its regional superintendent of schools on or before February 15 of each year to request to be exempt from implementing the mandate in a school or schools in the next school year. The petition shall include all legitimate costs associated with implementing and operating the mandate, the estimated reimbursement from State and federal sources, and any unique circumstances the school district can verify that exist that would cause the implementation and operation of such a mandate to be cost prohibitive.

The regional superintendent of schools shall review the petition. In accordance with the Open Meetings Act, he or she shall convene a public hearing to hear testimony from the school district and interested community members. The regional superintendent shall, on or before March 15 of each year, inform the school district of his or her decision, along with the reasons why the exemption was granted or denied, in writing. The regional superintendent must also send notification to the State Board of Education detailing which school districts requested an exemption and the results.

If the regional superintendent grants an exemption to the school district, then the school district is relieved from the requirement to establish and implement the mandate in the school or schools granted an exemption for the next school year. If the regional superintendent of schools does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year. However, the school district or a resident of the school district may on or before April 15 appeal the decision of the regional superintendent to the State Superintendent of Education. The State Superintendent shall hear appeals on the decisions of regional superintendents of schools no later than May 15 of each year. The State Superintendent shall make a final decision at the conclusion of the hearing on the school district's request for an exemption from the mandate. If the State Superintendent grants an exemption, then the school district is relieved from the requirement to implement a mandate in the school or schools granted an exemption for the next school year. If the State Superintendent does not grant an exemption, then the school district shall implement the mandate in accordance with the applicable law or rule by the first student attendance day of the next school year.

If a school district or private school discontinues or modifies a mandated activity due to lack of full funding from the State, then the school district or private school shall annually maintain and update a list of discontinued or modified mandated activities. The list shall be provided to the State Board of Education upon request.

(c) This Section does not apply to (i) any new statutory or regulatory mandates related to revised learning standards developed through the Common Core State Standards Initiative and assessments developed to align with those standards or actions specified in this State's Phase 2 Race to the Top Grant application if the application is approved by the United States Department of Education, or (ii) new statutory or regulatory mandates from the Race to the Top Grant through the federal American Recovery and Reinvestment Act of 2009 imposed on school districts designated as being in the lowest performing 5% of schools within the Race to the Top Grant application, or (iii) any changes made by this amendatory Act of the 101st General Assembly.

(d) In any instances in which this Section conflicts with the State Mandates Act, the State Mandates Act shall prevail.

(Source: P.A. 96-1441, eff. 8-20-10.)

(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)

Sec. 26-2a. A "truant" is defined as a child who is subject to compulsory school attendance and who is absent without valid cause, as defined under this Section, from such attendance for more than 1% but less than 5% of the past 180 school days.

"Valid cause" for absence shall be illness; attendance at a pregnancy-related medical appointment; , observance of a religious holiday; , death in the immediate family; , family emergency; , fulfillment of a student's parenting responsibility, including, but not limited to, arranging and providing child care, caring for the student's sick child, or attending medical appointments for the student's child; or addressing circumstances resulting from gender-based violence, as defined in Article 26A, including, but not limited to, experiencing gender-based violence, recovering from physical or psychological injuries, seeking medical attention, seeking services from a domestic or sexual violence organization, as defined in Article 26A, seeking psychological or other counseling, participating in safety planning, temporarily or permanently relocating, seeking legal assistance or remedies, or taking any other action to increase the safety or health of the student or to protect the student from future gender-based violence and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the mental, emotional, or physical health or safety of the student.

"Chronic or habitual truant" shall be defined as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days.

"Truant minor" is defined as a chronic truant to whom supportive services, including prevention, diagnostic, intervention and remedial services, alternative programs and other school and community resources have been provided and have failed to result in the cessation of chronic truancy, or have been offered and refused.

A "dropout" is defined as any child enrolled in grades 9 through 12 whose name has been removed from the district enrollment roster for any reason other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country.

"Religion" for the purposes of this Article, includes all aspects of religious observance and practice, as well as belief.

(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; revised 10-4-18.)

(105 ILCS 5/Art. 26A heading new)

ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT

PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE

(105 ILCS 5/26A-1 new)

Sec. 26A-1. Short title and application. This Article may be referred to as the Ensuring Success in School Law. This Article applies to all school districts and schools governed by this Code, including those under Articles 13, 13A, 13B, 27A, 32, 33, and 34.

(105 ILCS 5/26A-5 new)

Sec. 26A-5. Purpose. The purpose of this Article is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and youth who are parents, expectant parents, or victims of gender-based 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 accommodations and services necessary to enable them to meet State educational standards and successfully attain a high school diploma. This Article shall be interpreted liberally to aid in this purpose.

(105 ILCS 5/26A-10 new)

Sec. 26A-10. Definitions. In this Article:

"Consent" includes, at a minimum, a recognition that (i) consent is a freely given agreement to sexual activity, (ii) a youth's lack of verbal or physical resistance or submission resulting from the use of threat of force does not constitute consent, (iii) a youth's manner of dress does not constitute consent, (iv) a youth's consent to past sexual activity does not constitute consent to future sexual activity, (v) a youth's consent to engage in sexual activity does not constitute consent to engage in sexual activity with another, (vi) a youth can withdraw consent at any time, and (vii) a youth cannot consent to sexual activity if that youth is unable to understand the nature of the activity or give knowing consent due to circumstances that include, but are not limited to, all of the following:

(1) The youth is incapacitated due to the use or influence of alcohol or drugs.

(2) The youth is asleep or unconscious.

(3) The youth is under age.

(4) The youth is incapacitated due to a mental disability.

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of gender-based violence or advocates for those victims, including an organization carrying out a domestic or sexual violence or other gender-based violence program, an organization operating a shelter or a rape crisis center or providing counseling services, an accredited children's advocacy center, an organization that provides services to or advocates on behalf of youth who are gay, lesbian, bi-sexual, transgender, or gender nonconforming, an organization that provides services to or advocates on behalf of youth who are parents or expectant parents, or an organization seeking to eliminate gender-based violence or to address the consequences of that violence for its victims through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" means abuse, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Electronic communication" includes communication via telephone, mobile phone, computer, email, video recorder, fax machine, telex, pager, apps or applications, or any other electronic communication or cyberstalking as defined in Section 12-7.5 of the Criminal Code of 2012.

"Expectant parent" means a youth who is pregnant or a youth who intends to act as a parent and who has not yet received a diploma for completion of a secondary education as defined in Section 22-22.

"Gender-based violence" means domestic violence, harassment, sexual activity without consent, sexual assault, sexual violence, or stalking. Gender-based violence may occur through electronic communication. Gender-based violence exists regardless of when or where the violence occurred, whether or not the violence is the subject of a criminal investigation or the perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or has been issued by a court, or whether or not any gender-based violence took place on school grounds, during regular school hours, or during a school-sponsored event.

"Harassment" means any harassment or discrimination on the basis of an individual's actual or perceived sex or gender, including unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, or unwelcome conduct, including verbal, nonverbal, or physical conduct that is not sexual in nature, but is related to a student's status as a parent, expectant parent, or victim of gender-based violence.

"Parent", as it relates to a student, means a student who is a custodial or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet received a diploma for completion of a secondary education, as defined in Section 22-22.

"Perpetrator" means an individual who commits or is alleged to have committed any act of gender-based violence. The term "perpetrator" must be used with caution when applied to children, particularly young children.

"Poor academic performance" means a student who has (i) scored in the 50th percentile or below on a school district-administered standardized test, (ii) received a score on a State assessment that does not meet standards in one or more of the fundamental learning areas under Section 27-1, as applicable for the student's grade level, or (iii) not met grade-level expectations on a school district-designed assessment.

"School", for purposes of the provisions of this Article relating to children and youth who are parents, expectant parents, or victims of gender-based violence, includes, but is not limited to, (i) a public or State-operated elementary or secondary school, (ii) a school operated pursuant to an agreement with a public school district, including a cooperative or joint agreement with a governing body or board of control, (iii) a charter school operating in compliance with the Charter Schools Law, (iv) a school operated under Section 13A-3, (v) an alternative school operated by third parties within the City of Chicago under Section 13A-11, (vi) an alternative learning opportunities program operated under Article 13B, (vii) a public school administered by a local public agency or the Department of Human Services operating pursuant to the authority of this Code, and (viii) any schools otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34.

"School district", for purposes of the provisions of this Article relating to youth who are parents, expectant parents, or victims of domestic or sexual violence, means any public entity responsible for administering schools, including school districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34, or any other entity responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, or the Department of Human Services.

"Sexual activity" means any knowingly touching or fondling by one person, either directly or through clothing, of the sex organs, anus, mouth, or breast of another person for the purpose of sexual gratification or arousal.

"Sexual assault" means any conduct of an adult or minor child proscribed in Article 11 of the Criminal Code of 2012, except for Sections 11-35 and 11-45 of the Criminal Code of 2012, or similar provisions of the Criminal Code of 1961, including conduct committed by perpetrators who are strangers to the victim and conduct committed by perpetrators who are known or related by blood or marriage to the victim.

"Stalking" means any conduct proscribed in Section 12-7.3, 12-7.4, or 12-7.5 of the Criminal Code of 2012, or similar provisions of the Criminal Code of 1961, including stalking committed by perpetrators who are strangers to the victim and stalking committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" or "pupil" means any child or youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet received a diploma for completion of a secondary education, as defined in Section 22-22.

"Student at risk of academic failure" means a student who is at risk of failing to meet Illinois Learning Standards or failing to graduate from elementary or high school and who demonstrates a need for educational support or social services beyond those provided by the regular school program.

"Victim" means an individual who has been subjected to one or more acts of gender-based violence.

"Youth" means a child, pupil, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not received a diploma for completion of a secondary education, as defined in Section 22-22. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

(105 ILCS 5/26A-15 new)

Sec. 26A-15. Ensuring Success in School working group.

(a) The State Board of Education must create the Ensuring Success in School working group comprised of all of the following members, representative of the geographic, racial, ethnic, sexual orientation, gender identity, and cultural diversity of this State:

(1) One member representing the Office of the Governor, appointed by the Governor.

(2) One senator appointed by the President of the Senate, who shall serve as co-chairperson.

(3) One representative appointed by the Speaker of the House of Representatives, who shall serve as co-chairperson.

(4) One member representing a statewide, nonprofit, nongovernmental domestic violence organization, appointed by the State Board.

(5) A domestic violence victim's advocate or other service provider from a different nonprofit organization, appointed by the State Board.

(6) One member representing a statewide, nonprofit, nongovernmental sexual assault organization, appointed by the State Board.

(7) A sexual assault victim's advocate or service provider from a different nonprofit, nongovernmental sexual assault organization, appointed by the State Board.

(8) A teen parent advocate or service provider from a nonprofit, nongovernmental organization, appointed by the State Board.

(9) A lesbian, gay, bi-sexual, transgender, or nonconforming youth advocate or service provider from a nonprofit, nongovernmental organization, appointed by the State Board.

(10) One member representing an accredited children's advocacy center, appointed by the State Board.

(11) One member representing a statewide, nonprofit, nongovernmental multi-issue advocacy organization with expertise in a cross-section of relevant issues, appointed by the State Board.

(12) A school social worker, appointed by the State Board.

(13) A school psychologist, appointed by the State Board.

(14) A school counselor, appointed by the State Board.

(15) A representative of a statewide professional teachers' organization, appointed by the State Board.

(16) A representative of a different statewide professional teachers' organization, appointed by the State Board.

(17) A representative of a statewide organization representing school boards, appointed by the State Board.

(18) A representative of a statewide organization representing principals, appointed by the State Board.

(19) A representative of a school district organized under Article 34, appointed by the State Board.

(b) The working group must advise the State Board on the implementation, monitoring, and evaluation of this Article by schools and school districts, including, but not limited to, the development of policies, procedures, and protocols to be implemented by schools and school districts. The working group must ensure the participation of youth who are parents, expectant parents, and victims of gender-based violence and incorporate those students' advice and recommendations into the working group's advice regarding the implementation, monitoring, and evaluation of this Article.

(c) Members of the working group shall serve for a term of 2 years, which may be extended for a second term, without compensation, but may be reimbursed for their travel expenses from appropriations to the State Board made available for that purpose and subject to the rules of the appropriate travel control board.

(105 ILCS 5/26A-20 new)

Sec. 26A-20. Review and revision of policies and procedures.

(a) No later than July 1, 2020, and every 2 years thereafter, each school district must review all existing policies and procedures and must revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any youth who is a parent, expectant parent, or victim of gender-based violence or any policies or procedures that may compromise a criminal investigation relating to gender-based violence or may re-victimize the youth. A school district must adopt new policies and procedures, as needed, to implement this Section and to ensure that immediate and effective steps are taken to respond to youth who are parents, expectant parents, or victims of gender-based violence.

(b) A school district must confer with persons with expertise in youth who are parents or expectant parents and with persons with expertise in youth who are victims of gender-based violence, including domestic and sexual violence organizations, in (i) the review and revision and the adoption and implementation of new policies and procedures under this Section, including those policies and procedures related to confidentiality, parental involvement, and a youth's health-related or safety-related concerns in connection with notifying a parent or guardian and (ii) the development and distribution of materials related to those youth, including outreach to youth not in school. A school district must ensure that all materials distributed to youth are age appropriate and culturally responsive and that youth are notified of and understand the school district's policies and procedures, including how and to whom to report any incident of gender-based violence.

(c) A school district's policy on the procedures that a youth or his or her parent or guardian may follow if he or she chooses to report an incident of alleged gender-based violence must, at a minimum, include all of the following:

(1) The name and contact information for gender-based violence and parenting resource personnel and the Title IX coordinator, school and school district resource officers or security, local law enforcement officials, and a community-based domestic or sexual violence organization.

(2) The name, title, and contact information for confidential advisors or other confidential resources and a description of what confidential reporting means.

(3) Information regarding the various individuals, departments, or organizations to whom a youth may report an incident of gender-based violence, specifying for each individual or entity (i) the extent of the individual's or entity's reporting obligation to the school or school district's administration, Title IX coordinator, or other personnel or entity, (ii) the individual's or entity's ability to protect the youth's privacy, and (iii) the extent of the individual's or entity's ability to have confidential communications with the youth or his or her parent or guardian.

(4) An option for the youth or his or her parent or guardian to electronically report the incident.

(5) An option for the youth or his or her parent or guardian to anonymously report the incident.

(6) An option for the youth or his or her parent or guardian to confidentially report the incident.

(7) An option for reports by third parties and bystanders.

(8) The adoption of a complaint resolution procedure as provided in Section 26A-25.

(d) A school district must post its revised policies and procedures on its website, distribute them in written form at the beginning of each school year to each student, and make copies available to each student and his or her parent or guardian for inspection and copying at no cost to the student or parent or guardian at each school within a school district.

(105 ILCS 5/26A-25 new)

Sec. 26A-25. Complaint resolution procedure. On or before January 1, 2021, each school district must adopt one procedure to resolve complaints of alleged incidents of student-perpetrated, gender-based violence and violations of this Article. These procedures shall comply with the confidentiality provisions of Sections 26A-20 and 26A-30. The procedure must include, at a minimum, all of the following:

(1) Complainants alleging incidents of student-perpetration of gender-based violence or violations of this Article must have the opportunity to request that the complaint resolution procedure begin promptly and proceed in a timely manner.

(2) A school district must determine the individuals who will resolve complaints of alleged incidents of student-perpetrated, gender-based violence or violations of this Article.

(3) All individuals whose duties include resolution of complaints of alleged incidents of student-perpetrated, gender-based violence or violations of this Article must receive a minimum of 10 hours of annual training on issues related to gender-based violence and how to conduct the school district's complaint resolution procedure, which may include the in-service training required under subsection (d) of Section 10-22.39. This training must be conducted by an individual or individuals with expertise in gender-based violence in youth and expertise in developmentally appropriate communications with elementary and secondary school students regarding topics of a sexual, violent, or sensitive nature.

(4) Each school district must have a sufficient number of individuals trained to resolve complaints so that (i) a substitution can occur in the case of a conflict of interest or recusal and (ii) an individual with no prior involvement in the initial determination or finding may hear any appeal brought by a party.

(5) An individual resolving a complaint must use a preponderance of the evidence standard to determine if the alleged incident of student-perpetrated, gender-based violence occurred.

(6) With complaints of alleged incidents of student-perpetrated, gender-based violence, the complainant and respondent shall (i) receive notice of the name of the individual with authority to make a finding or impose a sanction in the proceeding before the individual may initiate contact with either party and (ii) have the opportunity to request a substitution if the participation of an individual with authority to make a finding or impose a sanction poses a conflict of interest.

(7) Each school district must have a procedure to determine interim protective measures and accommodations available pending the resolution of the complaint, including the implementation of court protective orders.

(8) Any proceeding, meeting, or hearing held to resolve complaints of alleged incidents of student perpetrated, gender-based violence or violations of this Article must protect the privacy of the participating parties and witnesses.

(9) The complainant, regardless of his or her level of involvement in the complaint resolution procedure, and the respondent must have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure.

(10) With complaints of alleged incidents of student-perpetrated, gender-based violence, the complainant and the respondent may not directly cross-examine one another, but may, at the discretion and direction of the individual resolving the complaint, suggest questions to be posed by the individual resolving the complaint and respond to the other party.

(11) Each party may request and must be allowed to have an advisor of his or her choice accompany him or her to any meeting or proceeding related to the alleged incident of student-perpetrated, gender-based violence or violation of this Article if the involvement of the advisor does not result in undue delay of the meeting or proceeding. The advisor must comply with any rules of the school district's complaint resolution procedure regarding the advisor's role. If the advisor violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or an individual resolving the complaint, that advisor may be prohibited from further participation in the meeting or proceeding.

(12) If the complaint resolution procedure involves a hearing and the complainant or the respondent is a student, he or she may not be compelled to testify in the presence of the other party. If a party invokes this right, the school district must provide a procedure by which each party may, at a minimum, hear the other party's testimony.

(13) The complainant and the respondent are entitled to simultaneous, written notification of the results of the complaint resolution procedure, including information regarding appeal rights, within 7 days after a decision or sooner if required by State or federal law.

(14) The complainant and the respondent must, at a minimum, have the right to timely appeal the complaint resolution procedure's findings or imposed sanctions if a party alleges that (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the finding, or (iii) the sanction is disproportionate to the violation. An individual reviewing the findings or imposed sanctions may not have previously participated in the complaint resolution procedure and may not have a conflict of interest with either party. The complainant and the respondent must receive the appeal decision, in writing, within 7 days after the conclusion of the review of findings or sanctions or sooner if required by federal or State law.

(15) A school district may not disclose the identity of the victim of gender-based violence or the respondent, except as necessary to resolve the complaint or to implement interim protective measures and accommodations or when required by State or federal law.

(16) The opportunity to consider the most appropriate means to execute the procedure considering school safety, the developmental level of students, methods to reduce trauma during the procedure, and how to avoid multiple communications with students involved in an alleged incident of gender-based violence.

(105 ILCS 5/26A-30 new)

Sec. 26A-30. Confidentiality.

(a) Each school district must adopt and implement a policy and protocol to ensure that all information concerning a youth's status and related experiences as a parent, expectant parent, or victim of gender-based violence provided to or otherwise obtained by the school district or its employees or agents pursuant to this Code or otherwise, including a statement of the youth or any other documentation, record, or corroborating evidence or that the youth has requested or obtained assistance, accommodations, or services pursuant to this Code, shall be retained in the strictest confidence by the school district or its employees or agents and may not be disclosed to any other individual, including any other employee, except to the extent that disclosure is (i) requested or consented to in writing by the youth or the youth's parent or guardian if it is safe to obtain written consent from the youth's parent or guardian or (ii) otherwise required by applicable federal or State law, including the Abused and Neglected Child Reporting Act and professional ethics policies that govern school personnel.

(b) Prior to disclosing information about a youth's status as a parent, expectant parent, or victim of gender-based violence, a school must notify the youth and discuss and address any safety concerns related to the disclosure, including instances where the youth indicates or the school or school district or its employees or agents are otherwise aware that the youth's health or safety may be at risk if his or her status is disclosed to the youth's parent or guardian, except as otherwise required by applicable federal or State law, including the Abused and Neglected Child Reporting act and professional ethics policies that govern the professional school personnel.

(c) No youth may be required to testify publicly concerning his or her status as a victim of gender-based violence, allegations of gender-based violence, his or her status as a parent or expectant parent, or the youth's efforts to enforce any of his or her rights under provisions in this Code relating to youth who are parents, expectant parents, or victims of gender-based violence.

(d) In the case of gender-based violence, a school district may not contact the person named to be the perpetrator, the perpetrator's family, or any other person named by the youth or named by the youth's parent or guardian to be unsafe to contact to verify the violence. A school district may not contact the perpetrator, the perpetrator's family, or any other person named by the youth or the youth's parent or guardian to be unsafe for any other reason without written permission from the youth or his or her parent or guardian. Permission from the youth's parent or guardian may not be pursued if the youth alleges that his or her health or safety would be threatened if the school or school district contacts the youth's parent or guardian to obtain written permission.

(e) A school district must take all actions necessary to comply with this Section no later than January 1, 2020.

(105 ILCS 5/26A-35 new)

Sec. 26A-35. Gender-based violence and parenting resource personnel.

(a) Each school district shall designate or appoint at least one staff person at each school in the district who is employed at least part-time at the school and who is a school social worker, school psychologist, school counselor, school nurse, school teacher, or school administrator trained to address, in a culturally responsive, confidential, and sensitive manner, the needs of youth who are parents, expectant parents, or victims of gender-based violence. The designated or appointed staff person must have all of the following duties:

(1) Communicate with and listen to youth who are parents, expectant parents, or victims of gender-based violence.

(2) Connect youth described in paragraph (1) to appropriate, in-school services or other agencies, programs, or services as needed.

(3) Coordinate and monitor the implementation of the school's and school district's policies, procedures, and protocols in cases involving student allegations of gender-based violence.

(4) Coordinate and monitor the implementation of the school's and school district's policies, procedures, and protocols as set forth in provisions of this Code concerning youth who are parents, expectant parents, or victims of gender-based violence.

(5) Assist youth described in paragraph (1) in their efforts to exercise and preserve their rights as set forth in provisions of this Code concerning youth who are parents, expectant parents, or victims of gender-based violence.

(6) Assist in providing staff development to establish a positive and sensitive learning environment for youth described in paragraph (1).

(b) A member of staff who is designated or appointed under subsection (a) must (i) be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of gender-based violence, including the theories and dynamics of domestic and sexual violence, the necessity for confidentiality and the law, policy, procedures, and protocols implementing confidentiality, and the notification to the youth's parent or guardian regarding the youth's status as a parent, expectant parent, or victim of gender-based violence or the enforcement of the youth's rights under this Code if the notice of the youth's status or the involvement of the youth's parent or guardian may put the health or safety of the youth at risk, including the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code, or (ii) at a minimum, have participated in an in-service training program under subsection (d) of Section 10-22.39 that includes training on the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code within 12 months prior to his or her designation or appointment.

(c) A school district must designate or appoint and train all gender-based violence and parenting resource personnel, and the personnel must assist in implementing the duties described in this Section no later than April 1, 2020, except in those school districts in which there exists a collective bargaining agreement on the effective date of this amendatory Act of the 101st General Assembly and the implementation of this Section would be a violation of that collective bargaining agreement. If implementation of some activities required under this Section is prevented by an existing collective bargaining agreement, a school district must comply with this Section to the fullest extent allowed by the existing collective bargaining agreement no later than April 1, 2020. In those instances in which a collective bargaining agreement that either fully or partially prevents full implementation of this Section expires after April 1, 2020, a school district must designate or appoint and train all gender-based and parenting resource personnel, who shall implement the duties described in this Section no later than the effective date of the new collective bargaining agreement that immediately succeeds the collective bargaining agreement in effect at the time this Section becomes effective.

(105 ILCS 5/26A-40 new)

Sec. 26A-40. Accommodations, adjustments, and services.

(a) To facilitate the full participation of youth who are parents, expectant parents, or victims of gender-based violence, each school district must provide those youth with reasonable accommodations and adjustments in school policy and practice, in-school support services, access to non-school based support services, and the ability to make up work missed on account of circumstances related to the youth's status as a parent, expectant parent, or victim of gender-based violence. Victims of gender-based violence must have access to those accommodations, adjustments, and services regardless of when or where the violence for which they are seeking accommodations, adjustments, or services occurred. All accommodations, adjustments, and services must be continued for as long as necessary to maintain the mental and physical well-being and safety of the youth.

(b) Reasonable accommodations and adjustments provided under subsection (a) shall include, but are not limited to, (i) the provision of sufficiently private settings to ensure confidentiality and time off from class for meetings with counselors or other service providers, (ii) assisting the youth in creating a student success plan, (iii) transfer of a victim of gender-based violence or the student perpetrator to a different classroom or school, (iv) change of seating assignment, (v) implementation of in-school, school grounds, and bus safety procedures, (vi) honoring court orders, including orders of protection and no-contact orders, and (vii) any other accommodation that may facilitate the full participation in the regular education program of youth who are parents, expectant parents, or victims of gender-based violence.

(c) If a youth who is a parent, expectant parent, or victim of gender-based violence is a student at risk of academic failure or displays poor academic performance, the youth or the youth's parent or guardian may request that the school district provide the youth with or refer the youth to education and support services designed to assist the youth in meeting State learning standards. A school district may either provide education or support services directly or may collaborate with public or private State, local, or community-based organizations or agencies that provide these services. A school district must also assist those youth in accessing the support services of non-school based organizations and agencies where those youth typically receive services in the community.

(d) Any youth who is unable, because of circumstances related to the youth's status as a parent, expectant parent, or victim of gender-based violence, to participate in classes on a particular day or days or at a particular time of day must be excused from any examination or any study or work assignments on that particular day or days or at that particular time of day. It is the responsibility of the teachers and of the school administrative personnel and officials to make available to each youth who is unable to participate because of circumstances related to the youth's status as a parent, expectant parent, or victim of gender-based violence a meaningful opportunity to make up any examination, study, or work requirement that the youth has missed because of the inability to participate on any particular day or days or at any particular time of day. Costs assessed by a school district on the youth for participation in those activities shall be considered savable fees for any youth whose parent or guardian is unable to afford them, consistent with the provisions of Section 10-20.13. Each school district must adopt written policies and procedures for waiver of those fees in accordance with rules adopted by the State Board of Education.

(e) When a school or school district employee or agent becomes aware of or suspects a youth's status as a parent, expectant parent, or victim of gender-based violence, it is the responsibility of the employee or agent of the school or school district to inform the youth of the available services and accommodations at the school and in the community that may assist the youth in maintaining the youth's full educational participation and the youth's successful performance. The school or school district employee or agent must also refer the youth to the school district's gender-based violence and parenting personnel set forth in Section 26A-35. A school district must make respecting a youth's privacy, confidentiality, mental and physical health, and safety a paramount concern.

(f) Each school must honor a youth's decision to obtain education and support services, accommodations, and non-school based support services, to terminate the receipt of those education and support services, accommodations, or non-school based support services, or to decline participation in those education and support services, accommodations, and non-school based support services. No youth is obligated to use education and support services, accommodations, or non-school based support services. In developing accommodations, adjustments, or educational support services, the privacy, mental and physical health, and safety of the youth shall be the paramount concern. No adverse or prejudicial effects may result to any youth because of the youth's availing of or declining the provisions of this Section.

(g) Any support services to youth receiving education and support services must be available in any school or by home or hospital instruction.

(h) Individual, peer, group, and family counseling services or psychotherapy must be made available to youth who are parents, expectant parents, or victims of gender-based violence consistent with the provisions of the Mental Health and Developmental Disabilities Code. At least once every school year, each school district must inform in writing all school personnel and all students 12 years of age or older of the availability of counseling without parental or guardian consent under Section 3-5A-105 of the Mental Health and Developmental Disabilities Code. This information must also be provided to students immediately after any school personnel becomes aware that a student is a parent, expectant parent, or victim of gender-based violence.

(i) All domestic or sexual violence organizations and its staff and any other non-school organization and its staff shall maintain confidentiality pursuant to federal and State laws and their professional ethics policies regardless of when or where information, advice, counseling, or any other interaction with students takes place. A school or school district may not request or require those organizations or individuals to breach confidentiality.

(105 ILCS 5/26A-45 new)

Sec. 26A-45. Assertion of rights; verification.

(a) For purposes of youth asserting their rights under provisions relating to gender-based violence in Sections 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a school district may require verification of the claim. Verification may not be required for a youth to be referred to or to receive in-school or out-of-school services. Any one of the following shall be acceptable as a form of verification of a youth's claim of gender-based violence, only one of which may be required by a school district, and the youth or the youth's parent or guardian shall choose which form of documentation to submit to the school district:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim. This may be in the form of a complaint.

(2) A police report, government agency record, or court record.

(3) A statement or other documentation from a domestic or sexual violence organization or any other organization from which the youth sought services or advice.

(4) Documentation from a lawyer, clergy person, medical professional, or other professional from whom the youth sought gender-based violence services or advice.

(5) Any other evidence, such as physical evidence of violence, that supports the claim.

All forms of verification received by a school district under this subsection must be kept in a temporary file.

(b) A youth or a youth's parent or guardian who has provided acceptable verification that the youth is or has been a victim of gender-based violence may not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator or the same incident of violence. No school or school district shall request or require additional documentation.

(c) The person named to be the perpetrator, the perpetrator's family, or any other person named by the youth or named by the youth's parent or guardian to be unsafe to contact may not be contacted to verify the violence. The perpetrator, the perpetrator's family, or any other person named by the youth or the youth's parent or guardian to be unsafe may not be contacted for any other reason without written permission of the youth or written permission of the youth's parent or guardian. Permission of the youth's parent or guardian may not be pursued when the youth alleges that his or her health or safety would be threatened if the school or school district contacts the youth's parent or guardian to obtain written permission.

(105 ILCS 5/26A-50 new)

Sec. 26A-50. Enforcement of provisions.

(a) Violations of this Article are actionable in civil court. A student who is a parent, expectant parent, or victim of gender-based violence has a cause of action against any school or school district that fails to exercise due diligence in responding to the student who is a parent, expectant parent, or victim of gender-based violence whose status it knew or should have known about. A student is not required to resolve a complaint using the school district's complaint resolution procedure developed under Section 26A-25 before filing an action in civil court.

(b) A prevailing student shall be entitled to all relief that would make him or her whole. This relief may include, but is not limited to, all of the following:

(1) Declaratory relief.

(2) Injunctive relief.

(3) Recovery of costs and attorney's fees, including, but not limited to, costs for expert testimony and witness fees.

(4) Compensatory damages, including, but not limited to:

(A) economic loss, including damage, destruction or loss of use of personal property, and loss of past or future earning capacity; and

(B) damages for personal injury, disease, or mental and emotional harm, including medical, rehabilitation, pain and suffering, and physical impairment.

(5) Punitive damages.

(105 ILCS 5/26A-55 new)

Sec. 26A-55. Prohibited practices. No school or school district may take any adverse action against a student who is a parent, expectant parent, or victim of gender-based violence because the student or his or her parent or guardian (i) exercises or attempts to exercise his or her rights under this Article, (ii) opposes practices that the student or his or her parent or guardian believes to be in violation of this Article, or (iii) supports the exercise of the rights of another under this Article. Exercising rights under this Article includes, but is not limited to, filing an action, instituting or causing to be instituted any proceeding under or related to this Article, or in any manner requesting, availing himself or herself of, or declining any of the provisions of this Article, including, but not limited to, accommodations or services.

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on April 16, 2003 (the effective date of Public Act 93-3), in all new applications to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by Public Act 93-3 do not apply to charter schools existing or approved on or before April 16, 2003 (the effective date of Public Act 93-3).

(b-5) In this subsection (b-5), "virtual-schooling" means a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with their teachers at remote locations and with students participating at different times.

From April 1, 2013 through December 31, 2016, there is a moratorium on the establishment of charter schools with virtual-schooling components in school districts other than a school district organized under Article 34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-schooling components already approved prior to April 1, 2013.

On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect of virtual-schooling, including without limitation the effect on student performance, the costs associated with virtual-schooling, and issues with oversight. The report shall include policy recommendations for virtual-schooling.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) For purposes of this subsection (d), "non-curricular health and safety requirement" means any health and safety requirement created by statute or rule to provide, maintain, preserve, or safeguard safe or healthful conditions for students and school personnel or to eliminate, reduce, or prevent threats to the health and safety of students and school personnel. "Non-curricular health and safety requirement" does not include any course of study or specialized instructional requirement for which the State Board has established goals and learning standards or which is designed primarily to impart knowledge and skills for students to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular health and safety requirements applicable to public schools under the laws of the State of Illinois. On or before September 1, 2015, the State Board shall promulgate and post on its Internet website a list of non-curricular health and safety requirements that a charter school must meet. The list shall be updated annually no later than September 1. Any charter contract between a charter school and its authorizer must contain a provision that requires the charter school to follow the list of all non-curricular health and safety requirements promulgated by the State Board and any non-curricular health and safety requirements added by the State Board to such list during the term of the charter. Nothing in this subsection (d) precludes an authorizer from including non-curricular health and safety requirements in a charter school contract that are not contained in the list promulgated by the State Board, including non-curricular health and safety requirements of the authorizing local school board.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. To ensure financial accountability for the use of public funds, on or before December 1 of every year of operation, each charter school shall submit to its authorizer and the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service. In addition, if deemed necessary for proper financial oversight of the charter school, an authorizer may require quarterly financial statements from each charter school.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, all federal and State laws and rules applicable to public schools that pertain to special education and the instruction of English learners, and its charter. A charter school is exempt from all other State laws and regulations in this Code governing public schools and local school board policies; however, a charter school is not exempt from the following:

(1) Sections 10-21.9 and 34-18.5 of this Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and 34-84a of this Code regarding discipline of students;

(3) the Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) the Abused and Neglected Child Reporting Act;

(5.5) subsection (b) of Section 10-23.12 and subsection (b) of Section 34-18.6 of this Code;

(6) the Illinois School Student Records Act;

(7) Section 10-17a of this Code regarding school report cards;

(8) the P-20 Longitudinal Education Data System Act;

(9) Section 27-23.7 of this Code regarding bullying prevention;

(10) Section 2-3.162 of this Code regarding student discipline reporting;

(11) Sections 22-80 and 27-8.1 of this Code;

(12) Sections 10-20.60 and 34-18.53 of this Code;

(13) Sections 10-20.63 and 34-18.56 of this Code; and

(14) Section 26-18 of this Code; and

(15) Section 22-30 of this Code; and .

(16) Article 26A.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

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

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.

(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; revised 10-5-18.)

(105 ILCS 5/34-18.24)

Sec. 34-18.24. Transfer of students.

(a) The board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student's parent or guardian. A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria.

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) The board shall establish and implement a policy governing the transfer of students within the school district from a persistently dangerous attendance center to another attendance center in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous attendance center, the attendance center must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the attendance center expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C. 921.

(3) Have at least 3% of the students enrolled in the attendance center exercise the individual option to transfer attendance centers pursuant to subsection (c) of this Section.

(c) A student may transfer from one attendance center to another attendance center within the district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act. The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event.

(d) (Blank).

(e) Notwithstanding any other provision of this Code, a student who is a victim of gender-based violence, as defined in Article 26A, must be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular attendance center, school facility, or school location poses a risk to the student's mental or physical well-being or safety. A transfer under this subsection within the school district must be considered before a transfer into a different school district. The school district the student transfers to must be an adjoining school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. The school district the student seeks to transfer to may deny a transfer to a particular attendance center if (i) the attendance center exceeds or, as a result of the transfer, would exceed its attendance capacity, (ii) the student does not meet the attendance center's academic criteria for enrollment, or (iii) the transfer would prevent the school district from meeting obligations under State or federal law, a court order, or a consent decree. If no adjoining school district is available for transfer, the student may transfer to another school district, unless there is no attendance center, school facility, or school location in that district in which the student's attendance poses no risk to the student's mental or physical well-being or safety. The school district the student seeks to transfer to may deny a transfer to a particular attendance center if any of the situations described in items (i) through (iii) of this subsection apply. A school district must waive tuition for a student who transfers under this subsection to the school district and is a nonresident. A student who transfers to another school under this subsection due to gender-based violence must have full and immediate access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. The school district may not require a student who is a victim of gender-based violence to transfer to another school or school district. No adverse or prejudicial effects may result to any student who is a victim of gender-based violence because of the student availing himself or herself of or declining the provisions of this subsection.

(Source: P.A. 100-1046, eff. 8-23-18.)

Section 10. The Illinois School Student Records Act is amended by changing Section 5 as follows:

(105 ILCS 10/5) (from Ch. 122, par. 50-5)

Sec. 5. (a) A parent or any person specifically designated as a representative by a parent shall have the right to inspect and copy all school student permanent and temporary records of that parent's child, except if the child is a parent, expectant parent, or victim of gender-based violence, as defined in Article 26A. All information concerning a student's status and related experiences as a parent, expectant parent, or victim of gender-based violence, including a statement of the student or any other documentation, record, or corroborating evidence and the fact that the student has requested or obtained assistance, accommodations, or services related to that status, must be retained by the school in the strictest confidence. The information contained in the student's permanent or temporary record may be disclosed if, prior to disclosing the information about a student's status as a parent, expectant parent, or victim of gender-based violence, the school notifies the student and discusses and addresses any health or safety concerns related to that disclosure. If the student's health or safety concerns are incapable of being satisfied to the student's satisfaction, the information concerning the student's status and related experiences as a parent, expectant parent, or victim of gender-based violence may not be disclosed as part of the student's permanent or temporary record. Enforcement of this exception is as provided in Section 26A-40. A student shall have the right to inspect and copy his or her school student permanent record. No person who is prohibited by an order of protection from inspecting or obtaining school records of a student pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, shall have any right of access to, or inspection of, the school records of that student. If a school's principal or person with like responsibilities or his designee has knowledge of such order of protection, the school shall prohibit access or inspection of the student's school records by such person.

(b) Whenever access to any person is granted pursuant to paragraph (a) of this Section, at the option of either the parent or the school a qualified professional, who may be a psychologist, counsellor or other advisor, and who may be an employee of the school or employed by the parent, may be present to interpret the information contained in the student temporary record. If the school requires that a professional be present, the school shall secure and bear any cost of the presence of the professional. If the parent so requests, the school shall secure and bear any cost of the presence of a professional employed by the school.

(c) A parent's or student's request to inspect and copy records, or to allow a specifically designated representative to inspect and copy records, must be granted within a reasonable time, and in no case later than 10 business days after the date of receipt of such request by the official records custodian.

(c-5) The time for response under this Section may be extended by the school district by not more than 5 business days from the original due date for any of the following reasons:

(1) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;

(2) the request requires the collection of a substantial number of specified records;

(3) the request is couched in categorical terms and requires an extensive search for the records responsive to it;

(4) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;

(5) the request for records cannot be complied with by the school district within the time limits prescribed by subsection (c) of this Section without unduly burdening or interfering with the operations of the school district; or

(6) there is a need for consultation, which shall be conducted with all practicable speed, with another public body or school district or among 2 or more components of a public body or school district having a substantial interest in the determination or in the subject matter of the request.

The person making a request and the school district may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the school district agree to extend the period for compliance, a failure by the school district to comply with any previous deadlines shall not be treated as a denial of the request for the records.

(d) The school may charge its reasonable costs for the copying of school student records, not to exceed the amounts fixed in schedules adopted by the State Board, to any person permitted to copy such records, except that no parent or student shall be denied a copy of school student records as permitted under this Section 5 for inability to bear the cost of such copying.

(e) Nothing contained in this Section 5 shall make available to a parent or student confidential letters and statements of recommendation furnished in connection with applications for employment to a post-secondary educational institution or the receipt of an honor or honorary recognition, provided such letters and statements are not used for purposes other than those for which they were specifically intended, and

(1) were placed in a school student record prior to January 1, 1975; or

(2) the student has waived access thereto after being advised of his right to obtain upon request the names of all such persons making such confidential recommendations.

(f) Nothing contained in this Act shall be construed to impair or limit the confidentiality of:

(1) Communications otherwise protected by law as privileged or confidential, including but not limited to, information communicated in confidence to a physician, psychologist or other psychotherapist, school social worker, school counselor, school psychologist, or school social worker, school counselor, or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist; or

(2) Information which is communicated by a student or parent in confidence to school personnel; or

(3) Information which is communicated by a student, parent, or guardian to a law enforcement professional working in the school, except as provided by court order.

(g) No school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.

(Source: P.A. 100-532, eff. 9-22-17.)

Section 990. The State Mandates Act is amended by adding Section 8.43 as follows:

(30 ILCS 805/8.43 new)

Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 101st General Assembly.

Section 999. Effective date. This Act takes effect upon becoming law.".