HB3223ham001 102ND GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 4/12/2021

 

 


 

 


 
10200HB3223ham001LRB102 10689 CMG 24905 a

1
AMENDMENT TO HOUSE BILL 3223

2    AMENDMENT NO. ______. Amend House Bill 3223 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
634-18.24 and by adding Article 26A as follows:
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15or guardians have been requested to appear at a meeting of the
16board, or with a hearing officer appointed by it, to discuss

 

 

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1their child's behavior. Such request shall be made by
2registered or certified mail and shall state the time, place
3and purpose of the meeting. The board, or a hearing officer
4appointed by it, at such meeting shall state the reasons for
5dismissal and the date on which the expulsion is to become
6effective. If a hearing officer is appointed by the board, he
7shall report to the board a written summary of the evidence
8heard at the meeting and the board may take such action thereon
9as it finds appropriate. If the board acts to expel a pupil,
10the written expulsion decision shall detail the specific
11reasons why removing the pupil from the learning environment
12is in the best interest of the school. The expulsion decision
13shall also include a rationale as to the specific duration of
14the expulsion. An expelled pupil may be immediately
15transferred to an alternative program in the manner provided
16in Article 13A or 13B of this Code. A pupil must not be denied
17transfer because of the expulsion, except in cases in which
18such transfer is deemed to cause a threat to the safety of
19students or staff in the alternative program.
20    (b) To suspend or by policy to authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend pupils
23guilty of gross disobedience or misconduct, or to suspend
24pupils guilty of gross disobedience or misconduct on the
25school bus from riding the school bus, pursuant to subsections
26(b-15) and (b-20) of this Section, and no action shall lie

 

 

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1against them for such suspension. The board may by policy
2authorize the superintendent of the district or the principal,
3assistant principal, or dean of students of any school to
4suspend pupils guilty of such acts for a period not to exceed
510 school days. If a pupil is suspended due to gross
6disobedience or misconduct on a school bus, the board may
7suspend the pupil in excess of 10 school days for safety
8reasons.
9    Any suspension shall be reported immediately to the
10parents or guardians guardian of a pupil along with a full
11statement of the reasons for such suspension and a notice of
12their right to a review. The school board must be given a
13summary of the notice, including the reason for the suspension
14and the suspension length. Upon request of the parents or
15guardians guardian, the school board or a hearing officer
16appointed by it shall review such action of the superintendent
17or principal, assistant principal, or dean of students. At
18such review, the parents or guardians guardian of the pupil
19may appear and discuss the suspension with the board or its
20hearing officer. If a hearing officer is appointed by the
21board, he shall report to the board a written summary of the
22evidence heard at the meeting. After its hearing or upon
23receipt of the written report of its hearing officer, the
24board may take such action as it finds appropriate. If a
25student is suspended pursuant to this subsection (b), the
26board shall, in the written suspension decision, detail the

 

 

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1specific act of gross disobedience or misconduct resulting in
2the decision to suspend. The suspension decision shall also
3include a rationale as to the specific duration of the
4suspension. A pupil who is suspended in excess of 20 school
5days may be immediately transferred to an alternative program
6in the manner provided in Article 13A or 13B of this Code. A
7pupil must not be denied transfer because of the suspension,
8except in cases in which such transfer is deemed to cause a
9threat to the safety of students or staff in the alternative
10program.
11    (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22    (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or
25expel students for particular behaviors.
26    (b-15) Out-of-school suspensions of 3 days or less may be

 

 

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1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the
9length of suspensions to the greatest extent practicable.
10    (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose
16a threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

 

 

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1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9    (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18    A school district may refer students who are expelled to
19appropriate and available support services.
20    A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23    (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

 

 

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1academic credit. It shall be the responsibility of a pupil's
2parents or guardians parent or guardian to notify school
3officials that a pupil suspended from the school bus does not
4have alternate transportation to school.
5    (b-35) In all suspension review hearings conducted
6pursuant to subsection (b) or expulsion hearings conducted
7pursuant to subsection (a), a student may disclose any factor
8to be considered in mitigation, including his or her status as
9a parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A. A representative of the
11parent's or guardian's choice must be permitted to represent
12the student throughout the proceedings and to address the
13school board or its appointed hearing officer. With the
14approval of the student's parent or guardian, a support person
15must be permitted to accompany the student to any disciplinary
16hearings or proceedings. A suspension or expulsion proceeding
17under this subsection (b-35) must be conducted independently
18from any ongoing criminal investigation or proceeding, and an
19absence of pending or possible criminal charges, criminal
20investigations, or proceedings may not be a factor in school
21disciplinary decisions.
22    (b-40) During a suspension review hearing conducted
23pursuant to subsection (b) or an expulsion hearing conducted
24pursuant to subsection (a) that involves allegations of sexual
25violence by the student who is subject to discipline, neither
26the student nor his or her representative shall directly

 

 

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1question nor have direct contact with the alleged victim. The
2student who is subject to discipline or his or her
3representative may, at the discretion and direction of the
4school board or its appointed hearing officer, suggest
5questions to be posed by the school board or its appointed
6hearing officer to the alleged victim.
7    (c) The Department of Human Services shall be invited to
8send a representative to consult with the board at such
9meeting whenever there is evidence that mental illness may be
10the cause for expulsion or suspension.
11    (c-5) School districts shall make reasonable efforts to
12provide ongoing professional development to teachers,
13administrators, school board members, school resource
14officers, and staff on the adverse consequences of school
15exclusion and justice-system involvement, effective classroom
16management strategies, culturally responsive discipline, the
17appropriate and available supportive services for the
18promotion of student attendance and engagement, and
19developmentally appropriate disciplinary methods that promote
20positive and healthy school climates.
21    (d) The board may expel a student for a definite period of
22time not to exceed 2 calendar years, as determined on a
23case-by-case basis. A student who is determined to have
24brought one of the following objects to school, any
25school-sponsored activity or event, or any activity or event
26that bears a reasonable relationship to school shall be

 

 

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1expelled for a period of not less than one year:
2        (1) A firearm. For the purposes of this Section,
3    "firearm" means any gun, rifle, shotgun, weapon as defined
4    by Section 921 of Title 18 of the United States Code,
5    firearm as defined in Section 1.1 of the Firearm Owners
6    Identification Card Act, or firearm as defined in Section
7    24-1 of the Criminal Code of 2012. The expulsion period
8    under this subdivision (1) may be modified by the
9    superintendent, and the superintendent's determination may
10    be modified by the board on a case-by-case basis.
11        (2) A knife, brass knuckles or other knuckle weapon
12    regardless of its composition, a billy club, or any other
13    object if used or attempted to be used to cause bodily
14    harm, including "look alikes" of any firearm as defined in
15    subdivision (1) of this subsection (d). The expulsion
16    requirement under this subdivision (2) may be modified by
17    the superintendent, and the superintendent's determination
18    may be modified by the board on a case-by-case basis.
19Expulsion or suspension shall be construed in a manner
20consistent with the federal Individuals with Disabilities
21Education Act. A student who is subject to suspension or
22expulsion as provided in this Section may be eligible for a
23transfer to an alternative school program in accordance with
24Article 13A of the School Code.
25    (d-5) The board may suspend or by regulation authorize the
26superintendent of the district or the principal, assistant

 

 

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1principal, or dean of students of any school to suspend a
2student for a period not to exceed 10 school days or may expel
3a student for a definite period of time not to exceed 2
4calendar years, as determined on a case-by-case basis, if (i)
5that student has been determined to have made an explicit
6threat on an Internet website against a school employee, a
7student, or any school-related personnel, (ii) the Internet
8website through which the threat was made is a site that was
9accessible within the school at the time the threat was made or
10was available to third parties who worked or studied within
11the school grounds at the time the threat was made, and (iii)
12the threat could be reasonably interpreted as threatening to
13the safety and security of the threatened individual because
14of his or her duties or employment status or status as a
15student inside the school.
16    (e) To maintain order and security in the schools, school
17authorities may inspect and search places and areas such as
18lockers, desks, parking lots, and other school property and
19equipment owned or controlled by the school, as well as
20personal effects left in those places and areas by students,
21without notice to or the consent of the student, and without a
22search warrant. As a matter of public policy, the General
23Assembly finds that students have no reasonable expectation of
24privacy in these places and areas or in their personal effects
25left in these places and areas. School authorities may request
26the assistance of law enforcement officials for the purpose of

 

 

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1conducting inspections and searches of lockers, desks, parking
2lots, and other school property and equipment owned or
3controlled by the school for illegal drugs, weapons, or other
4illegal or dangerous substances or materials, including
5searches conducted through the use of specially trained dogs.
6If a search conducted in accordance with this Section produces
7evidence that the student has violated or is violating either
8the law, local ordinance, or the school's policies or rules,
9such evidence may be seized by school authorities, and
10disciplinary action may be taken. School authorities may also
11turn over such evidence to law enforcement authorities.
12    (f) Suspension or expulsion may include suspension or
13expulsion from school and all school activities and a
14prohibition from being present on school grounds.
15    (g) A school district may adopt a policy providing that if
16a student is suspended or expelled for any reason from any
17public or private school in this or any other state, the
18student must complete the entire term of the suspension or
19expulsion in an alternative school program under Article 13A
20of this Code or an alternative learning opportunities program
21under Article 13B of this Code before being admitted into the
22school district if there is no threat to the safety of students
23or staff in the alternative program. A school district that
24adopts a policy under this subsection (g) must include a
25provision allowing for consideration of any mitigating
26factors, including, but not limited to, a student's status as

 

 

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1a parent, expectant parent, or victim of domestic or sexual
2violence, as defined in Article 26A.
3    (h) School officials shall not advise or encourage
4students to drop out voluntarily due to behavioral or academic
5difficulties.
6    (i) A student may not be issued a monetary fine or fee as a
7disciplinary consequence, though this shall not preclude
8requiring a student to provide restitution for lost, stolen,
9or damaged property.
10    (j) Subsections (a) through (i) of this Section shall
11apply to elementary and secondary schools, charter schools,
12special charter districts, and school districts organized
13under Article 34 of this Code.
14    (k) The expulsion of children enrolled in programs funded
15under Section 1C-2 of this Code is subject to the requirements
16under paragraph (7) of subsection (a) of Section 2-3.71 of
17this Code.
18    (l) Beginning with the 2018-2019 school year, an in-school
19suspension program provided by a school district for any
20students in kindergarten through grade 12 may focus on
21promoting non-violent conflict resolution and positive
22interaction with other students and school personnel. A school
23district may employ a school social worker or a licensed
24mental health professional to oversee an in-school suspension
25program in kindergarten through grade 12.
26(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;

 

 

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1100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
27-12-19.)
 
3    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
4    Sec. 10-22.6a. Home instruction; correspondence courses.
5    (a) To provide by home instruction, correspondence courses
6or otherwise courses of instruction for a pupil who is pupils
7who are unable to attend school because of pregnancy or
8pregnancy-related conditions, the fulfillment of parenting
9obligations related to the health of the child, or health and
10safety concerns arising from domestic or sexual violence, as
11defined in Article 26A. Such instruction shall be provided to
12the pupil at each of the following times:
13        (1) Before before the birth of the child when the
14    pupil's physician, physician assistant, or advanced
15    practice nurse has indicated to the district, in writing,
16    that the pupil is medically unable to attend regular
17    classroom instruction. and
18        (2) For for up to 3 months following the birth of the
19    child or a miscarriage.
20        (3) When the pupil must care for his or her ill child
21    if (i) the child's physician, physician assistant, or
22    advanced practice registered nurse has indicated to the
23    district, in writing, that the child has a serious health
24    condition that would require the pupil to be absent from
25    school for 2 or more consecutive weeks and (ii) the pupil

 

 

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1    or the pupil's parent or guardian indicates to the
2    district, in writing, that the pupil is needed to provide
3    care to the child during this period. In this paragraph
4    (3), "serious health condition" means an illness, injury,
5    impairment, or physical or mental health condition that
6    involves inpatient care in a hospital, hospice, or
7    residential medical care facility or continuing treatment
8    by a health care provider that is not controlled by
9    medication alone.
10        (4) When the pupil must treat physical or mental
11    health complications or address safety concerns arising
12    from domestic or sexual violence if the pupil's domestic
13    or sexual violence organization, as defined in Article
14    26A, or health care provider has indicated to the
15    district, in writing, that the care is needed by the pupil
16    and will cause the pupil's absence from school for 2 or
17    more consecutive weeks.
18A school district may reassess home instruction provided to a
19pupil under paragraph (3) or (4) every 2 months to determine
20the pupil's continuing need for instruction under this
21Section.
22    The instruction course shall be designed to offer
23educational experiences that are equivalent to those given to
24pupils at the same grade level in the district and that are
25designed to enable the pupil to return to the classroom.
26    (b) Notwithstanding any other provision of this Code or

 

 

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1State law to the contrary, if a pupil is unable to attend
2regular classes because of the reasons set forth in subsection
3(a) and has participated in instruction under this Section
4that is administered by the school or the school district,
5then the pupil may not be penalized for grading purposes or be
6denied course completion, a return to regular classroom
7instruction, grade level advancement, or graduation solely on
8the basis of the pupil's participation in instruction under
9this Section or the pupil's absence from the regular education
10program during the period of instruction under this Section. A
11school or school district may not use instruction under this
12Section to replace making reasonable accommodations so that
13pupils who are parents, expectant parents, or victims of
14domestic or sexual violence may receive regular classroom
15instruction.
16(Source: P.A. 100-443, eff. 8-25-17.)
 
17    (105 ILCS 5/13A-11)
18    Sec. 13A-11. Chicago public schools.
19    (a) The Chicago Board of Education may establish
20alternative schools within Chicago and may contract with third
21parties for services otherwise performed by employees,
22including those in a bargaining unit, in accordance with
23Sections 34-8.1, 34-18, and 34-49.
24    (b) Alternative schools operated by third parties within
25Chicago shall be exempt from all provisions of this Code,

 

 

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1except provisions concerning:
2        (1) student civil rights;
3        (2) staff civil rights;
4        (3) health and safety;
5        (4) performance and financial audits;
6        (5) the assessments required under Section 2-3.64a-5
7    of this Code;
8        (6) Chicago learning outcomes;
9        (7) Sections 2-3.25a through 2-3.25j of this Code;
10        (8) the Inspector General; and
11        (9) Section 34-2.4b of this Code; and
12        (10) Article 26A and any other provision of this Code
13    concerning students who are parents, expectant parents, or
14    victims of domestic or sexual violence, as defined in
15    Article 26A.
16(Source: P.A. 98-972, eff. 8-15-14.)
 
17    (105 ILCS 5/22-60)
18    Sec. 22-60. Unfunded mandates prohibited.
19    (a) No public school district or private school is
20obligated to comply with the following types of mandates
21unless a separate appropriation has been enacted into law
22providing full funding for the mandate for the school year
23during which the mandate is required:
24        (1) Any mandate in this Code enacted after the
25    effective date of this amendatory Act of the 96th General

 

 

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1    Assembly.
2        (2) Any regulatory mandate promulgated by the State
3    Board of Education and adopted by rule after the effective
4    date of this amendatory Act of the 96th General Assembly
5    other than those promulgated with respect to this Section
6    or statutes already enacted on or before the effective
7    date of this amendatory Act of the 96th General Assembly.
8    (b) If the amount appropriated to fund a mandate described
9in subsection (a) of this Section does not fully fund the
10mandated activity, then the school district or private school
11may choose to discontinue or modify the mandated activity to
12ensure that the costs of compliance do not exceed the funding
13received.
14    Before discontinuing or modifying the mandate, the school
15district shall petition its regional superintendent of schools
16on or before February 15 of each year to request to be exempt
17from implementing the mandate in a school or schools in the
18next school year. The petition shall include all legitimate
19costs associated with implementing and operating the mandate,
20the estimated reimbursement from State and federal sources,
21and any unique circumstances the school district can verify
22that exist that would cause the implementation and operation
23of such a mandate to be cost prohibitive.
24    The regional superintendent of schools shall review the
25petition. In accordance with the Open Meetings Act, he or she
26shall convene a public hearing to hear testimony from the

 

 

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1school district and interested community members. The regional
2superintendent shall, on or before March 15 of each year,
3inform the school district of his or her decision, along with
4the reasons why the exemption was granted or denied, in
5writing. The regional superintendent must also send
6notification to the State Board of Education detailing which
7school districts requested an exemption and the results.
8    If the regional superintendent grants an exemption to the
9school district, then the school district is relieved from the
10requirement to establish and implement the mandate in the
11school or schools granted an exemption for the next school
12year. If the regional superintendent of schools does not grant
13an exemption, then the school district shall implement the
14mandate in accordance with the applicable law or rule by the
15first student attendance day of the next school year. However,
16the school district or a resident of the school district may on
17or before April 15 appeal the decision of the regional
18superintendent to the State Superintendent of Education. The
19State Superintendent shall hear appeals on the decisions of
20regional superintendents of schools no later than May 15 of
21each year. The State Superintendent shall make a final
22decision at the conclusion of the hearing on the school
23district's request for an exemption from the mandate. If the
24State Superintendent grants an exemption, then the school
25district is relieved from the requirement to implement a
26mandate in the school or schools granted an exemption for the

 

 

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1next school year. If the State Superintendent does not grant
2an exemption, then the school district shall implement the
3mandate in accordance with the applicable law or rule by the
4first student attendance day of the next school year.
5    If a school district or private school discontinues or
6modifies a mandated activity due to lack of full funding from
7the State, then the school district or private school shall
8annually maintain and update a list of discontinued or
9modified mandated activities. The list shall be provided to
10the State Board of Education upon request.
11    (c) This Section does not apply to (i) any new statutory or
12regulatory mandates related to revised learning standards
13developed through the Common Core State Standards Initiative
14and assessments developed to align with those standards or
15actions specified in this State's Phase 2 Race to the Top Grant
16application if the application is approved by the United
17States Department of Education, or (ii) new statutory or
18regulatory mandates from the Race to the Top Grant through the
19federal American Recovery and Reinvestment Act of 2009 imposed
20on school districts designated as being in the lowest
21performing 5% of schools within the Race to the Top Grant
22application, or (iii) any changes made to this Code by this
23amendatory Act of the 102nd General Assembly.
24    (d) In any instances in which this Section conflicts with
25the State Mandates Act, the State Mandates Act shall prevail.
26(Source: P.A. 96-1441, eff. 8-20-10.)
 

 

 

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1    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
2    Sec. 26-2a. A "truant" is defined as a child who is subject
3to compulsory school attendance and who is absent without
4valid cause, as defined under this Section, from such
5attendance for more than 1% but less than 5% of the past 180
6school days.
7    "Valid cause" for absence shall be illness, attendance at
8a verified medical or therapeutic appointment, appointment
9with a victim services provider, observance of a religious
10holiday, death in the immediate family, or family emergency,
11and shall include such other situations beyond the control of
12the student as determined by the board of education in each
13district, or such other circumstances which cause reasonable
14concern to the parent for the mental, emotional, or physical
15health or safety of the student. For purposes of a student who
16is an expectant parent, parent, or victim or domestic or
17sexual violence, "valid cause" for absence shall include (i)
18the fulfillment of a parenting responsibility, including, but
19not limited to, arranging and providing child care, caring for
20a sick child, attending prenatal or other medical appointments
21for the expectant student, and attending medical appointments
22for a child, and (ii) addressing circumstances resulting from
23domestic or sexual violence, including, but not limited to,
24experiencing domestic or sexual violence, recovering from
25physical or psychological injuries, seeking medical attention,

 

 

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1seeking services from a domestic or sexual violence
2organization, as defined in Article 26A, seeking psychological
3or other counseling, participating in safety planning,
4temporarily or permanently relocating, seeking legal
5assistance or remedies, or taking any other action to increase
6the safety or health of the student or to protect the student
7from future domestic or sexual violence. A school district may
8require a student to verify his or her claim of domestic or
9sexual violence under Section 26A-45 prior to the district
10approving a valid cause for an absence of 3 or more consecutive
11days that is related to domestic or sexual violence.
12    "Chronic or habitual truant" shall be defined as a child
13who is subject to compulsory school attendance and who is
14absent without valid cause from such attendance for 5% or more
15of the previous 180 regular attendance days.
16    "Truant minor" is defined as a chronic truant to whom
17supportive services, including prevention, diagnostic,
18intervention and remedial services, alternative programs and
19other school and community resources have been provided and
20have failed to result in the cessation of chronic truancy, or
21have been offered and refused.
22    A "dropout" is defined as any child enrolled in grades 9
23through 12 whose name has been removed from the district
24enrollment roster for any reason other than the student's
25death, extended illness, removal for medical non-compliance,
26expulsion, aging out, graduation, or completion of a program

 

 

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1of studies and who has not transferred to another public or
2private school and is not known to be home-schooled by his or
3her parents or guardians or continuing school in another
4country.
5    "Religion" for the purposes of this Article, includes all
6aspects of religious observance and practice, as well as
7belief.
8(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
9101-81, eff. 7-12-19.)
 
10    (105 ILCS 5/Art. 26A heading new)
11
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
12
EXPECTANT PARENTS, OR VICTIMS OF
13
DOMESTIC OR SEXUAL VIOLENCE

 
14    (105 ILCS 5/26A-1 new)
15    Sec. 26A-1. Scope of Article. This Article applies to all
16school districts and schools governed by this Code, including
17schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
1834. However, this Article does not apply to the Department of
19Juvenile Justice School District.
 
20    (105 ILCS 5/26A-5 new)
21    Sec. 26A-5. Purpose. The purpose of this Article is to
22ensure that Illinois schools have policies, procedures, and
23protocols in place that ensure children and students who are

 

 

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1parents, expectant parents, or victims of domestic or sexual
2violence are identified by schools in a manner respectful of
3their privacy and safety, treated with dignity and regard, and
4provided the protection, instruction, and related
5accommodations and services necessary to enable them to meet
6State educational standards and successfully attain a school
7diploma. This Article shall be interpreted liberally to aid in
8this purpose. Nothing in this Article precludes or may be used
9to preclude a mandated reporter from reporting child abuse or
10child neglect as required under the Abused and Neglected Child
11Reporting Act.
 
12    (105 ILCS 5/26A-10 new)
13    Sec. 26A-10. Definitions. In this Article:
14    "Confidential" means information or facts expected and
15intended to be kept private or protected by an existing
16privilege in the Code of Civil Procedure. Confidential
17information may be disclosed by a school or school district if
18such disclosure is required by State or federal law or is
19necessary to complete proceedings relevant to this Article.
20Designation of student information as confidential applies to
21the school and school district and does not limit a student's
22right to speak about the student's experiences.
23    "Consent" includes, at a minimum, a recognition that (i)
24consent is a freely given agreement to sexual activity, (ii)
25an individual's lack of verbal or physical resistance or

 

 

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1submission resulting from the use of threat of force does not
2constitute consent, (iii) an individual's manner of dress does
3not constitute consent, (iv) an individual's consent to past
4sexual activity does not constitute consent to future sexual
5activity, (v) an individual's consent to engage in one type of
6sexual activity with one person does not constitute consent to
7engage in any other type of sexual activity or sexual activity
8with another person, (vi) an individual can withdraw consent
9at any time, and (vii) an individual cannot consent to sexual
10activity if that individual is unable to understand the nature
11of the activity or give knowing consent due to the
12circumstances that include, but are not limited to, all the
13following:
14        (1) The individual is incapacitated due to the use or
15    influence of alcohol or drugs.
16        (2) The individual is asleep or unconscious.
17        (3) The individual is under the age of consent.
18        (4) The individual is incapacitated due to a mental
19    disability.
20    "Domestic or sexual violence" means domestic violence,
21gender-based harassment, sexual activity without consent,
22sexual assault, sexual violence, or stalking. Domestic or
23sexual violence may occur through electronic communication.
24Domestic or sexual violence exists regardless of when or where
25the violence occurred, whether or not the violence is the
26subject of a criminal investigation or the perpetrator has

 

 

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1been criminally charged or convicted of a crime, whether or
2not an order of protection or a no-contact order is pending
3before or has been issued by a court, or whether or not any
4domestic or sexual violence took place on school grounds,
5during regular school hours, or during a school-sponsored
6event.
7    "Domestic or sexual violence organization" means a
8nonprofit, nongovernmental organization that provides
9assistance to victims of domestic or sexual violence or
10advocates for those victims, including an organization
11carrying out a domestic or sexual violence program, an
12organization operating a shelter or a rape crisis center or
13providing counseling services, an accredited children's
14advocacy center, an organization that provides services to or
15advocates on behalf of children and students who are gay,
16lesbian, bi-sexual, transgender, or gender nonconforming, an
17organization that provides services to or advocates on behalf
18of children and students who are parents or expectant parents,
19or an organization seeking to eliminate domestic or sexual
20violence or to address the consequences of that violence for
21its victims through legislative advocacy or policy change,
22public education, or service collaboration.
23    "Domestic violence" means abuse, as defined in the
24Illinois Domestic Violence Act of 1986, by family or household
25members, as defined in the Illinois Domestic Violence Act of
261986.

 

 

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1    "Electronic communication" includes communications via
2telephone, mobile phone, computer, email, video recorder, fax
3machine, telex, pager, apps or applications, or any other
4electronic communication or cyberstalking under Section 12-7.5
5of the Criminal Code of 2012.
6    "Expectant parent" means a student who (i) is pregnant and
7(ii) has not yet received a diploma for completion of a
8secondary education, as defined in Section 22-22.
9    "Gender-based harassment" means any harassment or
10discrimination on the basis of an individual's actual or
11perceived sex or gender, including unwelcome sexual advances,
12requests for sexual favors, other verbal or physical conduct
13of a sexual nature, or unwelcome conduct, including verbal,
14nonverbal, or physical conduct that is not sexual in nature
15but is related to a student's status as a parent, expectant
16parent, or victim of domestic or sexual violence.
17    "Harassment" means any unwelcome conduct on the basis of a
18student's actual or perceived race, gender, color, religion,
19national origin, ancestry, sex, marital status, order of
20protection status, disability, sexual orientation, gender
21identity, pregnancy, or citizenship status that has the
22purpose or effect of substantially interfering with the
23individual's academic performance or creating an intimidating,
24hostile, or offensive learning environment.
25    "Perpetrator" means an individual who commits or is
26alleged to have committed any act of domestic or sexual

 

 

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1violence. The term "perpetrator" must be used with caution
2when applied to children, particularly young children.
3    "Poor academic performance" means a student who has (i)
4scored in the 50th percentile or below on a school
5district-administered standardized test, (ii) received a score
6on a State assessment that does not meet standards in one or
7more of the fundamental learning areas under Section 27-1, as
8applicable for the student's grade level, or (iii) not met
9grade-level expectations on a school district-designated
10assessment.
11    "Representative" means an adult who is authorized to act
12on behalf of a student during a proceeding, including an
13attorney, parent, or guardian.
14    "School" means a school district or school governed by
15this Code, including a school operating under Article 13, 13A,
1613B, 27A, 32, 33, or 34, other than the Department of Juvenile
17Justice School District. "School" includes any other entity
18responsible for administering public schools, such as
19cooperatives, joint agreements, charter schools, special
20charter districts, regional offices of education, local
21agencies, or the Department of Human Services, and non-public
22schools recognized by the State Board of Education.
23    "Sexual activity" means any knowingly touching or fondling
24by one person, either directly or through clothing, of the sex
25organs, anus, mouth, or breast of another person for the
26purpose of sexual gratification or arousal.

 

 

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1    "Sexual assault" or "sexual violence" means any conduct of
2an adult or minor child proscribed in Article 11 of the
3Criminal Code of 2012, except for Sections 11-35, 11-40, and
411-45 of the Criminal Code of 2012, including conduct
5committed by a perpetrator who is a stranger to the victim and
6conduct by a perpetrator who is known or related by blood or
7marriage to the victim.
8    "Stalking" means any conduct proscribed in Section 12-7.3,
912-7.4, or 12-7.5 of the Criminal Code of 2012, including
10stalking committed by a perpetrator who is a stranger to the
11victim and stalking committed by a perpetrator who is known or
12related by blood or marriage to the victim.
13    "Student" or "pupil" means any child who has not yet
14received a diploma for completion of a secondary education, as
15defined in Section 22-22 and pursuant to the criteria set
16forth in subsection (b) of Section 26-2. "Student" includes,
17but is not limited to, an unaccompanied minor not in the
18physical custody of a parent or guardian.
19    "Student at risk of academic failure" means a student who
20is at risk of failing to meet the Illinois Learning Standards
21or failing to graduate from elementary or high school and who
22demonstrates a need for educational support or social services
23beyond those provided by the regular school program.
24    "Student parent" means a student who is a custodial or
25noncustodial parent taking an active role in the care and
26supervision of a child and who has not yet received a diploma

 

 

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1for completion of a secondary education, as defined in Section
222-22.
3    "Support person" means any person whom the victim has
4chosen to include in proceedings for emotional support or
5safety. A support person does not participate in proceedings
6but is permitted to observe and support the victim with parent
7or guardian approval. "Support person" may include, but is not
8limited to, an advocate, clergy, a counselor, and a parent or
9guardian. If a student is age 18 years or older, the student
10has the right to choose a support person without parent or
11guardian approval.
12    "Survivor-centered" means a systematic focus on the needs
13and concerns of a survivor of sexual violence, domestic
14violence, dating violence, or stalking that (i) ensures the
15compassionate and sensitive delivery of services in a
16nonjudgmental manner, (ii) ensures an understanding of how
17trauma affects survivor behavior, (iii) maintains survivor
18safety, privacy, and, if possible, confidentiality, and (iv)
19recognizes that a survivor is not responsible for the sexual
20violence, domestic violence, dating violence, or stalking.
21    "Trauma-informed response" means a response involving an
22understanding of the complexities of sexual violence, domestic
23violence, dating violence, or stalking through training
24centered on the neurobiological impact of trauma, the
25influence of societal myths and stereotypes surrounding sexual
26violence, domestic violence, dating violence, or stalking, and

 

 

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1understanding the behavior of perpetrators.
2    "Victim" means an individual who has been subjected to one
3or more acts of domestic or sexual violence.
 
4    (105 ILCS 5/26A-15 new)
5    Sec. 26A-15. Ensuring Success in School Task Force.
6    (a) The Ensuring Success in School Task Force is created
7to do all of the following:
8        (1) Draft and publish model policies and
9    intergovernmental agreements for inter-district
10    transfers.
11        (2) Draft and publish model complaint resolution
12    procedures as required in subsection (c) of Section
13    26A-25.
14        (3) Identify current mandatory educator and staff
15    training and additional new training needed to meet the
16    requirements of Sections 26A-25 and 26A-35.
17    The policies and agreements shall be survivor-centered and
18rooted in trauma-informed responses and used to support all
19students, from pre-kindergarten through grade 12, who are
20survivors of domestic or sexual violence, regardless of
21whether the perpetrator is school-related or not, or who are
22parenting or pregnant, regardless of whether the school is a
23public school, nonpublic school, or charter school.
24    (b) The Task Force shall be representative of the
25geographic, racial, ethnic, sexual orientation, gender

 

 

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1identity, and cultural diversity of this State. The Task Force
2shall consist of all of the following members, who must be
3appointed no later than 60 days after the effective date of
4this amendatory Act of the 102nd General Assembly:
5        (1) One Representative appointed by the Speaker of the
6    House of Representatives.
7        (2) One Representative appointed by the Minority
8    Leader of the House of Representatives.
9        (3) One Senator appointed by the President of the
10    Senate.
11        (4) One Senator appointed by the Minority Leader of
12    the Senate.
13        (5) One member who represents a State-based
14    organization that advocates for lesbian, gay, bisexual,
15    transgender, and queer people appointed by the State
16    Superintendent of Education.
17        (6) One member who represents a State-based,
18    nonprofit, nongovernmental organization that advocates for
19    survivors of domestic violence appointed by the State
20    Superintendent of Education.
21        (7) One member who represents a statewide, nonprofit,
22    nongovernmental organization that advocates for survivors
23    of sexual violence appointed by the State Superintendent
24    of Education.
25        (8) One member who represents a statewide, nonprofit,
26    nongovernmental organization that offers free legal

 

 

10200HB3223ham001- 32 -LRB102 10689 CMG 24905 a

1    services, including victim's rights representation, to
2    survivors of domestic violence or sexual violence
3    appointed by the State Superintendent of Education.
4        (9) One member who represents an organization that
5    advocates for pregnant or parenting youth appointed by the
6    State Superintendent of Education.
7        (10) One member who represents a youth-led
8    organization with expertise in domestic and sexual
9    violence appointed by the State Superintendent of
10    Education.
11        (11) One member who represents the Children's Advocacy
12    Centers of Illinois appointed by the State Superintendent
13    of Education.
14        (12) One representative of the State Board of
15    Education appointed by the State Superintendent of
16    Education.
17        (13) One member who represents a statewide
18    organization of social workers appointed by the State
19    Superintendent of Education.
20        (14) One member who represents a statewide
21    organization for school psychologists appointed by the
22    State Superintendent of Education.
23        (15) One member who represents a statewide
24    organization of school counselors appointed by the State
25    Superintendent of Education.
26        (16) One member who represents a statewide

 

 

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1    professional teachers' organization appointed by the State
2    Superintendent of Education.
3        (17) One member who represents a different statewide
4    professional teachers' organization appointed by the State
5    Superintendent of Education.
6        (18) One member who represents a statewide
7    organization for school boards appointed by the State
8    Superintendent of Education.
9        (19) One member who represents a statewide
10    organization for school principals appointed by the State
11    Superintendent of Education.
12        (20) One member who represents a school district
13    organized under Article 34 appointed by the State
14    Superintendent of Education.
15    (c) The Task Force shall first meet at the call of the
16State Superintendent of Education, and each subsequent meeting
17shall be called by the chairperson, who shall be designated by
18the State Superintendent of Education. The State Board of
19Education shall provide administrative and other support to
20the Task Force. Members of the Task Force shall serve without
21compensation.
22    (d) On or before June 30, 2023, the Task Force shall report
23its work, including model policies, guidance recommendations,
24and agreements, to the Governor and the General Assembly. The
25report must include all of the following:
26        (1) Model school and district policies to facilitate

 

 

10200HB3223ham001- 34 -LRB102 10689 CMG 24905 a

1    inter-district transfers for student survivors of domestic
2    or sexual violence, expectant parents, and parents. These
3    policies shall place high value on being accessible and
4    expeditious for student survivors and pregnant and
5    parenting students.
6        (2) Model school and district policies to ensure
7    confidentiality and privacy considerations for student
8    survivors of domestic or sexual violence, expectant
9    parents, and parents. These policies must include guidance
10    regarding appropriate referrals for nonschool-based
11    services.
12        (3) Model school and district complaint resolution
13    procedures as prescribed by Section 26A-25.
14        (4) Guidance for schools and districts regarding which
15    mandatory training that is currently required for educator
16    licenses or under State or federal law would be suitable
17    to fulfill training requirements for resource personnel as
18    prescribed by Section 26A-35 and for the staff tasked with
19    implementing the complaint resolution procedure as
20    prescribed by Section 26A-25. The guidance shall evaluate
21    all relevant mandatory or recommended training, including,
22    but not limited to, the training required under subsection
23    (j) of Section 4 of the Abused and Neglected Child
24    Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and
25    27-23.7 of this Code, and subsections (d) and (f) of
26    Section 10-22.39 of this Code. The guidance must also

 

 

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1    identify what gaps in training exist, including, but not
2    limited to, training on trauma-informed responses and
3    racial and gender equity, and make recommendations for
4    future training programs that should be required or
5    recommended for the positions as prescribed by Sections
6    26A-25 and 26A-35.
7    (e) The Task Force is dissolved upon submission of its
8report under subsection (d).
9    (f) This Section is repealed on December 1, 2023.
 
10    (105 ILCS 5/26A-20 new)
11    Sec. 26A-20. Review and revision of policies and
12procedures.
13    (a) No later than July 1, 2024 and every 2 years
14thereafter, each school district must review all existing
15policies and procedures and must revise any existing policies
16and procedures that may act as a barrier to the immediate
17enrollment and re-enrollment, attendance, graduation, and
18success in school of any student who is a student parent,
19expectant student parent, or victim of domestic or sexual
20violence or any policies or procedures that may compromise a
21criminal investigation relating to domestic or sexual violence
22or may re-victimize students. A school district must adopt new
23policies and procedures, as needed, to implement this Section
24and to ensure that immediate and effective steps are taken to
25respond to students who are student parents, expectant

 

 

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1parents, or victims of domestic or sexual violence.
2    (b) A school district's policy must be consistent with the
3model policy and procedures adopted by the State Board of
4Education and under Public Act 101-531.
5    (c) A school district's policy on the procedures that a
6student or his or her parent or guardian may follow if he or
7she chooses to report an incident of alleged domestic or
8sexual violence must, at a minimum, include all of the
9following:
10        (1) The name and contact information for domestic or
11    sexual violence and parenting resource personnel, the
12    Title IX coordinator, school and school district resource
13    officers or security, and a community-based domestic or
14    sexual violence organization.
15        (2) The name, title, and contact information for
16    confidential resources and a description of what
17    confidential reporting means.
18        (3) An option for the student or the student's parent
19    or guardian to electronically, anonymously, and
20    confidentially report the incident.
21        (4) An option for reports by third parties and
22    bystanders.
23        (5) Information regarding the various individuals,
24    departments, or organizations to whom a student may report
25    an incident of domestic or sexual violence, specifying for
26    each individual or entity (i) the extent of the

 

 

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1    individual's or entity's reporting obligation to the
2    school's or school district's administration, Title IX
3    coordinator, or other personnel or entity, (ii) the
4    individual's or entity's ability to protect the student's
5    privacy, and (iii) the extent of the individual's or
6    entity's ability to have confidential communications with
7    the student or his or her parent or guardian.
8        (6) The adoption of a complaint resolution procedure
9    as provided in Section 26A-25.
10    (d) A school district must post its revised policies and
11procedures on its website, distribute them at the beginning of
12each school year to each student, and make copies available to
13each student and his or her parent or guardian for inspection
14and copying at no cost to the student or parent or guardian at
15each school within a school district.
 
16    (105 ILCS 5/26A-25 new)
17    Sec. 26A-25. Complaint resolution procedure.
18    (a) On or before July 1, 2024, each school district must
19adopt one procedure to resolve complaints of violations of
20this amendatory Act of the 102nd General Assembly. The
21respondent must be the school, school district, or school
22personnel. These procedures shall comply with the
23confidentiality provisions of Sections 26A-20 and 26A-30. The
24procedures must include, at minimum, all of the following:
25        (1) The opportunity to consider the most appropriate

 

 

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1    means to execute the procedure considering school safety,
2    the developmental level of students, methods to reduce
3    trauma during the procedure, and how to avoid multiple
4    communications with students involved with an alleged
5    incident of domestic or sexual violence.
6        (2) Any proceeding, meeting, or hearing held to
7    resolve complaints of any violation of this amendatory Act
8    of the 102nd General Assembly must protect the privacy of
9    the participating parties and witnesses. A school, school
10    district, or school personnel may not disclose the
11    identity of parties or witnesses, except as necessary to
12    resolve the complaint or to implement interim protective
13    measures and reasonable accommodations or when required by
14    State or federal law.
15        (3) Complainants alleging violations of this
16    amendatory Act of the 102nd General Assembly must have the
17    opportunity to request that the complaint resolution
18    procedure begin promptly and proceed in a timely manner.
19    (b) A school district must determine the individuals who
20will resolve complaints of violations of this amendatory Act
21of the 102nd General Assembly.
22        (1) All individuals whose duties include resolution of
23    complaints of violations of this amendatory Act of the
24    102nd General Assembly must complete a minimum of 8 hours
25    of training on issues related to domestic and sexual
26    violence and how to conduct the school's complaint

 

 

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1    resolution procedure. Training may include the in-service
2    training required under subsection (d) of Section 10-22.39
3    before commencement of those duties, and an individual
4    must receive a minimum of 6 hours of such training
5    annually thereafter. This training must be conducted by an
6    individual or individuals with expertise in domestic or
7    sexual violence in youth and expertise in developmentally
8    appropriate communications with elementary and secondary
9    school students regarding topics of a sexual, violent, or
10    sensitive nature.
11        (2) Each school must have a sufficient number of
12    individuals trained to resolve complaints so that (i) a
13    substitution can occur in the case of a conflict of
14    interest or recusal, (ii) an individual with no prior
15    involvement in the initial determination or finding may
16    hear any appeal brought by a party, and (iii) the
17    complaint resolution procedure proceeds in a timely
18    manner.
19        (3) The complainant and any witnesses shall (i)
20    receive notice of the name of the individual with
21    authority to make a finding or approve an accommodation in
22    the proceeding before the individual may initiate contact
23    with the complainant and any witnesses and (ii) have the
24    opportunity to request a substitution if the participation
25    of an individual with authority to make a finding or
26    approve an accommodation poses a conflict of interest.

 

 

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1    (c) If the alleged violation of this amendatory Act of the
2102nd General Assembly involves making a determination or a
3finding of responsibility for causing harm, the following
4procedures shall apply:
5        (1) The individual making the finding must use a
6    preponderance of evidence standard to determine whether
7    the incident occurred.
8        (2) The complainant and respondent and any witnesses
9    may not directly or through a representative question one
10    another. At the discretion of the individual resolving the
11    complaint, the complainant and the respondent may suggest
12    questions to be posed by the individual resolving the
13    complaint and if the individual resolving the complaint
14    decides to pose such questions.
15        (3) A live hearing is not required. If the complaint
16    resolution procedure includes a hearing, no student who is
17    a witness, including the complainant, may be compelled to
18    testify in the presence of a party or other witness. If a
19    witness invokes this right to testify outside the presence
20    of the other party or other witnesses, then the school
21    district must provide an option by which each party may,
22    at a minimum, hear the witnesses' testimony.
23    (d) Each party and witness may request and must be allowed
24to have a representative or support persons of their choice
25accompany them to any meeting or proceeding related to the
26alleged violence or violation of this amendatory Act of the

 

 

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1102nd General Assembly if the involvement of the
2representative or support persons does not result in undue
3delay of the meeting or proceeding. This representative or
4support persons must comply with any rules of the school
5district's complaint resolution procedure. If the
6representative or support persons violate the rules or engage
7in behavior or advocacy that harasses, abuses, or intimidates
8either party, a witness, or an individual resolving the
9complaint, the representative or support persons may be
10prohibited from further participation in the meeting or
11proceeding.
12    (e) The complainant, regardless of the level of
13involvement in the complaint resolution procedure, and the
14respondent must have the opportunity to provide or present
15evidence and witnesses on their behalf during the complaint
16resolution procedure.
17    (f) The complainant and respondent and any named
18perpetrator directly impacted by the results of the complaint
19resolution procedure are entitled to simultaneous written
20notification of the results of the complaint resolution
21procedure, including information regarding appeals rights and
22procedures, within 10 business days after a decision or sooner
23if required by State or federal law or district policy.
24    (g) The complainant, respondents, and named perpetrator,
25if directly impacted by the results of the complaint
26resolution procedure, must, at a minimum, have the right to

 

 

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1timely appeal the complaint resolution procedure's findings or
2remedies if a party alleges (i) a procedural error occurred,
3(ii) new information exists that would substantially change
4the outcome of the proceeding, (iii) the remedy is not
5sufficiently related to the finding, or (iv) the decision is
6against the weight of the evidence.
7    (h) An individual reviewing the findings or remedies may
8not have previously participated in the complaint resolution
9procedure and may not have a conflict of interest with either
10party.
11    (i) The complainant and respondent and any perpetrators
12directly impacted by the results of the complaint resolution
13procedure must receive the appeal decision, in writing, within
1410 business days but in no case more than 15 business days
15after the conclusion of the review of findings or remedies or
16sooner if required by State or federal law.
17    (j) Each school district must have a procedure to
18determine interim protective measures and accommodations
19available pending the resolution of the complaint, including
20the implementation of court orders.
 
21    (105 ILCS 5/26A-30 new)
22    Sec. 26A-30. Confidentiality.
23    (a) Each school district must adopt and implement a policy
24and protocol to ensure that all information concerning a
25student's status and related experiences as a parent,

 

 

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1expectant parent, or victim of domestic or sexual violence or
2a student who is a named perpetrator of domestic or sexual
3violence, provided to or otherwise obtained by the school
4district or its employees or agents pursuant to this Code or
5otherwise, including a statement of the student or any other
6documentation, record, or corroborating evidence that the
7student has requested or obtained assistance, accommodations,
8or services pursuant to this Code, shall be retained in the
9strictest of confidence by the school district or its
10employees or agents and may not be disclosed to any other
11individual, including any other employee, except if such
12actions are (i) in conflict with the Illinois School Student
13Records Act, the federal Family Educational Rights and Privacy
14Act of 1974, or other applicable State or federal laws, or (ii)
15requested or consented to, in writing, by the student or the
16student's parent or guardian if it is safe to obtain written
17consent from the student's parent or guardian.
18    (b) Prior to disclosing information about a student's
19status as a parent, expectant parent, or victim of domestic or
20sexual violence, a school must notify the student and discuss
21and address any safety concerns related to the disclosure,
22including instances in which the student indicates or the
23school or school district or its employees or agents are
24otherwise aware that the student's health or safety may be at
25risk if his or her status is disclosed to the student's parent
26or guardian, except as otherwise required by applicable State

 

 

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1or federal law, including the Abused and Neglected Child
2Reporting Act, the Illinois School Student Records Act, the
3federal Family Educational Rights and Privacy Act of 1974, and
4professional ethics policies that govern professional school
5personnel.
6    (c) No student may be required to testify publicly
7concerning his or her status as a victim of domestic or sexual
8violence, allegations of domestic or sexual violence, his or
9her status as a parent or expectant parent, or the student's
10efforts to enforce any of his or her rights under provisions of
11this Code relating to students who are parents, expectant
12parents, or victims of domestic or sexual violence.
13    (d) In the case of domestic or sexual violence, except as
14required under State or federal law, a school district must
15not contact the person named to be the perpetrator, the
16perpetrator's family, or any other person named by the student
17or named by the student's parent or guardian to be unsafe to
18contact to verify the violence. A school district must not
19contact the perpetrator, the perpetrator's family, or any
20other person named by the student or the student's parent or
21guardian to be unsafe for any other reason without written
22permission from the student or his or her parent or guardian.
23Permission from the student's parent or guardian may not be
24pursued if the student alleges that his or her health or safety
25would be threatened if the school or school district contacts
26the student's parent or guardian to obtain permission. Nothing

 

 

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1in this Section prohibits the school or school district from
2taking other steps to investigate the violence or from
3contacting persons not named by the student or the student's
4parent or guardian as unsafe to contact. Nothing in this
5Section prohibits the school or school district from taking
6reasonable steps to protect students. If the reasonable steps
7taken to protect students involve prohibited conduct under
8this subsection (d), the school must provide notice to the
9reporting student, in writing and in a developmentally
10appropriate communication format, of its intent to contact the
11parties named to be unsafe.
12    (e) A school district must take all actions necessary to
13comply with this Section, unless in conflict with the Illinois
14School Student Records Act, the federal Family Educational
15Rights and Privacy Act of 1974, or other applicable State or
16federal laws, by no later than July 1, 2024.
 
17    (105 ILCS 5/26A-35 new)
18    Sec. 26A-35. Domestic or sexual violence and parenting
19resource personnel.
20    (a) Each school district shall designate or appoint at
21least one staff person at each school in the district who is
22employed at least part time at the school and who is a school
23social worker, school psychologist, school counselor, school
24nurse, or school administrator trained to address, in a
25survivor-centered, trauma responsive, culturally responsive,

 

 

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1confidential, and sensitive manner, the needs of students who
2are parents, expectant parents, or victims of domestic or
3sexual violence. The designated or appointed staff person must
4have all of the following duties:
5        (1) To connect students who are parents, expectant
6    parents, or victims of domestic or sexual violence to
7    appropriate in-school services or other agencies,
8    programs, or services as needed.
9        (2) To coordinate the implementation of the school's
10    and school district's policies, procedures, and protocols
11    in cases involving student allegations of domestic or
12    sexual violence.
13        (3) To coordinate the implementation of the school's
14    and school district's policies, procedures, and protocols
15    as set forth in provisions of this Code concerning
16    students who are parents, expectant parents, or victims of
17    domestic or sexual violence.
18        (4) To assist students described in paragraph (1) in
19    their efforts to exercise and preserve their rights as set
20    forth in provisions of this Code concerning students who
21    are parents, expectant parents, or victims of domestic or
22    sexual violence.
23        (5) To assist in providing staff development to
24    establish a positive and sensitive learning environment
25    for students described in paragraph (1).
26    (b) A member of staff who is designated or appointed under

 

 

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1subsection (a) must (i) be trained to understand, provide
2information and referrals, and address issues pertaining to
3youth who are parents, expectant parents, or victims of
4domestic or sexual violence, including the theories and
5dynamics of domestic and sexual violence, the necessity for
6confidentiality and the law, policy, procedures, and protocols
7implementing confidentiality, and the notification of the
8student's parent or guardian regarding the student's status as
9a parent, expectant parent, or victim of domestic or sexual
10violence or the enforcement of the student's rights under this
11Code if the notice of the student's status or the involvement
12of the student's parent or guardian may put the health or
13safety of the student at risk, including the rights of minors
14to consent to counseling services and psychotherapy under the
15Mental Health and Developmental Disabilities Code, or (ii) at
16a minimum, have participated in an in-service training program
17under subsection (d) of Section 10-22.39 that includes
18training on the rights of minors to consent to counseling
19services and psychotherapy under the Mental Health and
20Developmental Disabilities Code within 12 months prior to his
21or her designation or appointment.
22    (c) A school district must designate or appoint and train
23all domestic or sexual violence and parenting resource
24personnel, and the personnel must assist in implementing the
25duties as described in this Section no later than June 30,
262024, except in those school districts in which there exists a

 

 

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1collective bargaining agreement on the effective date of this
2amendatory Act of the 102nd General Assembly and the
3implementation of this Section would be a violation of that
4collective bargaining agreement. If implementation of some
5activities required under this Section is prevented by an
6existing collective bargaining agreement, a school district
7must comply with this Section to the fullest extent allowed by
8the existing collective bargaining agreement no later than
9June 30, 2024. In those instances in which a collective
10bargaining agreement that either fully or partially prevents
11full implementation of this Section expires after June 30,
122024, a school district must designate or appoint and train
13all domestic and sexual violence and parenting resource
14personnel, who shall implement the duties described in this
15Section no later than the effective date of the new collective
16bargaining agreement that immediately succeeds the collective
17bargaining agreement in effect on the effective date of this
18amendatory Act of the 102nd General Assembly.
 
19    (105 ILCS 5/26A-40 new)
20    Sec. 26A-40. Accommodations and services.
21    (a) To facilitate the full participation of students who
22are parents, expectant parents, or victims of domestic or
23sexual violence, each school district must provide those
24students with reasonable accommodations, in-school support
25services, access to nonschool-based support services, and the

 

 

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1ability to make up work missed on account of circumstances
2related to the student's status as a parent, expectant parent,
3or victim of domestic or sexual violence. Victims of domestic
4or sexual violence must have access to those accommodations
5and services regardless of when or where the violence for
6which they are seeking accommodations and services occurred.
7All accommodations and services must be continued for as long
8as necessary to maintain the mental and physical well-being
9and safety of the student. Schools may have a policy to
10periodically check on students receiving accommodations and
11services to determine whether each accommodation and service
12continues to be necessary to maintain the mental and physical
13well-being and safety of the student or whether termination is
14appropriate.
15    (b) Accommodations provided under subsection (a) shall
16include, but are not limited to (i) the provision of
17sufficiently private settings to ensure confidentiality and
18time off from class for meetings with counselors or other
19service providers, (ii) assisting the student with a student
20success plan, (iii) transferring a victim of domestic or
21sexual violence or the student perpetrator to a different
22classroom or school, (iv) changing a seating assignment, (v)
23implementing in-school, school grounds, and bus safety
24procedures, (vi) honoring court orders, including orders of
25protection and no-contact orders to the fullest extent
26possible, and (vii) providing any other accommodation that may

 

 

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1facilitate the full participation in the regular education
2program of students who are parents, expectant parents, or
3victims of domestic or sexual violence.
4    (c) If a student who is a parent, expectant parent, or
5victim of domestic or sexual violence is a student at risk of
6academic failure or displays poor academic performance, the
7student or the student's parent or guardian may request that
8the school district provide the student with or refer the
9student to education and support services designed to assist
10the student in meeting State learning standards. A school
11district may either provide education or support services
12directly or may collaborate with public or private State,
13local, or community-based organizations or agencies that
14provide these services. A school district must also assist
15those students in accessing the support services of
16nonschool-based organizations and agencies from which those
17students typically receive services in the community.
18    (d) Any student who is unable, because of circumstances
19related to the student's status as a parent, expectant parent,
20or victim of domestic or sexual violence, to participate in
21classes on a particular day or days or at the particular time
22of day must be excused from any examination or any study or
23work assignments on that particular day or days or at that
24particular time of day. It is the responsibility of the
25teachers and of the school administrative personnel and
26officials to make available to each student who is unable to

 

 

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1participate because of circumstances related to the student's
2status as a parent, expectant parent, or victim of domestic or
3sexual violence a meaningful opportunity to make up any
4examination, study, or work requirement that the student has
5missed because of the inability to participate on any
6particular day or days or at any particular time of day. For a
7student receiving homebound instruction, it is the
8responsibility of the student and parent to work with the
9school or school district to meet academic standards for
10matriculation, as defined by school district policy. Costs
11assessed by the school district on the student for
12participation in those activities shall be considered waivable
13fees for any student whose parent or guardian is unable to
14afford them, consistent with Section 10-20.13. Each school
15district must adopt written policies and procedures for waiver
16of those fees in accordance with rules adopted by the State
17Board of Education.
18    (e) If a school or school district employee or agent
19becomes aware of or suspects a student's status as a parent,
20expectant parent, or victim of domestic or sexual violence, it
21is the responsibility of the employee or agent of the school or
22school district to inform the student of the available
23services and accommodations at the school and in the community
24that may assist the student in maintaining the student's full
25educational participation and the student's successful
26performance. The school or school district employee or agent

 

 

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1must also refer the student to the school district's domestic
2or sexual violence and parenting resource personnel set forth
3in Section 26A-35. A school district must make respecting a
4student's privacy, confidentiality, mental and physical
5health, and safety a paramount concern.
6    (f) Each school must honor a student's and a parent's or
7guardian's decision to obtain education and support services,
8accommodations, and nonschool-based support services, to
9terminate the receipt of those education and support services,
10accommodations, or nonschool-based support services, or to
11decline participation in those education and support services,
12accommodations, or nonschool-based support services. No
13student is obligated to use education and support services,
14accommodations, or nonschool-based support services. In
15developing accommodations or educational support services, the
16privacy, mental and physical health, and safety of the student
17shall be of paramount concern. No adverse or prejudicial
18effects may result to any student because of the student's
19availing of or declining the provisions of this Section as
20long as the student is working with the school to meet academic
21standards for matriculation as defined by school district
22policy.
23    (g) Any support services to students receiving education
24and support services must be available in any school or by home
25or hospital instruction to the highest quality and fullest
26extent possible for the individual setting.

 

 

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1    (h) Individual, peer, group, and family counseling
2services or psychotherapy must be made available to students
3who are parents, expectant parents, or victims of domestic or
4sexual violence consistent with the Mental Health and
5Developmental Disabilities Code. At least once every school
6year, each school district must inform, in writing, all school
7personnel and all students 12 years of age or older of the
8availability of counseling without parental or guardian
9consent under Section 3-5A-105 (to be renumbered as Section
103-550 in a revisory bill as of the effective date of this
11amendatory Act of the 102nd General Assembly) of the Mental
12Health and Developmental Disabilities Code. This information
13must also be provided to students immediately after any school
14personnel becomes aware that a student is a parent, expectant
15parent, or victim of domestic or sexual violence.
16    (i) All domestic or sexual violence organizations and
17their staff and any other nonschool organization and its staff
18shall maintain confidentiality pursuant to federal and State
19laws and their professional ethics policies regardless of when
20or where information, advice, counseling, or any other
21interaction with students takes place. A school or school
22district may not request or require those organizations or
23individuals to breach confidentiality.
 
24    (105 ILCS 5/26A-45 new)
25    Sec. 26A-45. Verification.

 

 

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1    (a) For purposes of students asserting their rights under
2provisions relating to domestic or sexual violence in Sections
310-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
4school district may require verification of the claim. The
5student or the student's parents or guardians shall choose
6which form of verification to submit to the school district. A
7school district may only require one form of verification,
8unless the student is requesting a transfer to another school,
9in which case the school district may require 2 forms of
10verification. All forms of verification received by a school
11district under this subsection (a) must be kept in a
12confidential temporary file, in accordance with the Illinois
13School Student Records Act. Any one of the following shall be
14acceptable as a form of verification of a student's claim of
15domestic or sexual violence:
16        (1) A written statement from the student or anyone who
17    has knowledge of the circumstances that support the
18    student's claim. This may be in the form of a complaint.
19        (2) A police report, government agency record, or
20    court record.
21        (3) A statement or other documentation from a domestic
22    or sexual violence organization or any other organization
23    from which the student sought services or advice.
24        (4) Documentation from a lawyer, clergy person,
25    medical professional, or other professional from whom the
26    student sought services or advice related to domestic or

 

 

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1    sexual violence.
2        (5) Any other evidence, such as physical evidence of
3    violence, that supports the claim.
4    (b) A student or a student's parent or guardian who has
5provided acceptable verification that the student is or has
6been a victim of domestic or sexual violence may not be
7required to provide any additional verification if the
8student's efforts to assert rights under this Code stem from a
9claim involving the same perpetrator or the same incident of
10violence. No school or school district shall request or
11require additional documentation.
12    (c) The person named to be the perpetrator, the
13perpetrator's family, or any other person named by the student
14or the student's parent or guardian to be unsafe to contact may
15not be contacted to verify the violence. The perpetrator, the
16perpetrator's family, or any other person named by the student
17or the student's parent or guardian to be unsafe may not be
18contacted for any other reason without written permission of
19the student or written permission of the student's parent or
20guardian. Permission of the student's parent or guardian may
21not be pursued if the student alleges that his or her health or
22safety would be threatened if the school or school district
23contacts the student's parent or guardian to obtain written
24consent.
 
25    (105 ILCS 5/26A-50 new)

 

 

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1    Sec. 26A-50. Prohibited practices. No school or school
2district may take any adverse action against a student who is a
3parent, expectant parent, or victim of domestic or sexual
4violence because the student or his or her parent or guardian
5(i) exercises or attempts to exercise his or her rights under
6this amendatory Act of the 102nd General Assembly, (ii)
7opposes practices that the student or his or her parent or
8guardian believes to be in violation of this amendatory Act of
9the 102nd General Assembly, or (iii) supports the exercise of
10the rights of another under this amendatory Act of the 102nd
11General Assembly. Exercising rights under this amendatory Act
12of the 102nd General Assembly includes, but is not limited to,
13filing an action, instituting or causing to be instituted any
14proceeding under or related to this amendatory Act of the
15102nd General Assembly, or in any manner requesting, availing
16himself or herself of, or declining any of the provisions of
17this amendatory Act of the 102nd General Assembly, including,
18but not limited to, accommodations and services.
 
19    (105 ILCS 5/27A-5)
20    Sec. 27A-5. Charter school; legal entity; requirements.
21    (a) A charter school shall be a public, nonsectarian,
22nonreligious, non-home based, and non-profit school. A charter
23school shall be organized and operated as a nonprofit
24corporation or other discrete, legal, nonprofit entity
25authorized under the laws of the State of Illinois.

 

 

10200HB3223ham001- 57 -LRB102 10689 CMG 24905 a

1    (b) A charter school may be established under this Article
2by creating a new school or by converting an existing public
3school or attendance center to charter school status.
4Beginning on April 16, 2003 (the effective date of Public Act
593-3), in all new applications to establish a charter school
6in a city having a population exceeding 500,000, operation of
7the charter school shall be limited to one campus. The changes
8made to this Section by Public Act 93-3 do not apply to charter
9schools existing or approved on or before April 16, 2003 (the
10effective date of Public Act 93-3).
11    (b-5) In this subsection (b-5), "virtual-schooling" means
12a cyber school where students engage in online curriculum and
13instruction via the Internet and electronic communication with
14their teachers at remote locations and with students
15participating at different times.
16    From April 1, 2013 through December 31, 2016, there is a
17moratorium on the establishment of charter schools with
18virtual-schooling components in school districts other than a
19school district organized under Article 34 of this Code. This
20moratorium does not apply to a charter school with
21virtual-schooling components existing or approved prior to
22April 1, 2013 or to the renewal of the charter of a charter
23school with virtual-schooling components already approved
24prior to April 1, 2013.
25    (c) A charter school shall be administered and governed by
26its board of directors or other governing body in the manner

 

 

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1provided in its charter. The governing body of a charter
2school shall be subject to the Freedom of Information Act and
3the Open Meetings Act. No later than January 1, 2021 (one year
4after the effective date of Public Act 101-291), a charter
5school's board of directors or other governing body must
6include at least one parent or guardian of a pupil currently
7enrolled in the charter school who may be selected through the
8charter school or a charter network election, appointment by
9the charter school's board of directors or other governing
10body, or by the charter school's Parent Teacher Organization
11or its equivalent.
12    (c-5) No later than January 1, 2021 (one year after the
13effective date of Public Act 101-291) or within the first year
14of his or her first term, every voting member of a charter
15school's board of directors or other governing body shall
16complete a minimum of 4 hours of professional development
17leadership training to ensure that each member has sufficient
18familiarity with the board's or governing body's role and
19responsibilities, including financial oversight and
20accountability of the school, evaluating the principal's and
21school's performance, adherence to the Freedom of Information
22Act and the Open Meetings Act, and compliance with education
23and labor law. In each subsequent year of his or her term, a
24voting member of a charter school's board of directors or
25other governing body shall complete a minimum of 2 hours of
26professional development training in these same areas. The

 

 

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1training under this subsection may be provided or certified by
2a statewide charter school membership association or may be
3provided or certified by other qualified providers approved by
4the State Board of Education.
5    (d) For purposes of this subsection (d), "non-curricular
6health and safety requirement" means any health and safety
7requirement created by statute or rule to provide, maintain,
8preserve, or safeguard safe or healthful conditions for
9students and school personnel or to eliminate, reduce, or
10prevent threats to the health and safety of students and
11school personnel. "Non-curricular health and safety
12requirement" does not include any course of study or
13specialized instructional requirement for which the State
14Board has established goals and learning standards or which is
15designed primarily to impart knowledge and skills for students
16to master and apply as an outcome of their education.
17    A charter school shall comply with all non-curricular
18health and safety requirements applicable to public schools
19under the laws of the State of Illinois. On or before September
201, 2015, the State Board shall promulgate and post on its
21Internet website a list of non-curricular health and safety
22requirements that a charter school must meet. The list shall
23be updated annually no later than September 1. Any charter
24contract between a charter school and its authorizer must
25contain a provision that requires the charter school to follow
26the list of all non-curricular health and safety requirements

 

 

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1promulgated by the State Board and any non-curricular health
2and safety requirements added by the State Board to such list
3during the term of the charter. Nothing in this subsection (d)
4precludes an authorizer from including non-curricular health
5and safety requirements in a charter school contract that are
6not contained in the list promulgated by the State Board,
7including non-curricular health and safety requirements of the
8authorizing local school board.
9    (e) Except as otherwise provided in the School Code, a
10charter school shall not charge tuition; provided that a
11charter school may charge reasonable fees for textbooks,
12instructional materials, and student activities.
13    (f) A charter school shall be responsible for the
14management and operation of its fiscal affairs including, but
15not limited to, the preparation of its budget. An audit of each
16charter school's finances shall be conducted annually by an
17outside, independent contractor retained by the charter
18school. To ensure financial accountability for the use of
19public funds, on or before December 1 of every year of
20operation, each charter school shall submit to its authorizer
21and the State Board a copy of its audit and a copy of the Form
22990 the charter school filed that year with the federal
23Internal Revenue Service. In addition, if deemed necessary for
24proper financial oversight of the charter school, an
25authorizer may require quarterly financial statements from
26each charter school.

 

 

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1    (g) A charter school shall comply with all provisions of
2this Article, the Illinois Educational Labor Relations Act,
3all federal and State laws and rules applicable to public
4schools that pertain to special education and the instruction
5of English learners, and its charter. A charter school is
6exempt from all other State laws and regulations in this Code
7governing public schools and local school board policies;
8however, a charter school is not exempt from the following:
9        (1) Sections 10-21.9 and 34-18.5 of this Code
10    regarding criminal history records checks and checks of
11    the Statewide Sex Offender Database and Statewide Murderer
12    and Violent Offender Against Youth Database of applicants
13    for employment;
14        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
15    34-84a of this Code regarding discipline of students;
16        (3) the Local Governmental and Governmental Employees
17    Tort Immunity Act;
18        (4) Section 108.75 of the General Not For Profit
19    Corporation Act of 1986 regarding indemnification of
20    officers, directors, employees, and agents;
21        (5) the Abused and Neglected Child Reporting Act;
22        (5.5) subsection (b) of Section 10-23.12 and
23    subsection (b) of Section 34-18.6 of this Code;
24        (6) the Illinois School Student Records Act;
25        (7) Section 10-17a of this Code regarding school
26    report cards;

 

 

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1        (8) the P-20 Longitudinal Education Data System Act;
2        (9) Section 27-23.7 of this Code regarding bullying
3    prevention;
4        (10) Section 2-3.162 of this Code regarding student
5    discipline reporting;
6        (11) Sections 22-80 and 27-8.1 of this Code;
7        (12) Sections 10-20.60 and 34-18.53 of this Code;
8        (13) Sections 10-20.63 and 34-18.56 of this Code;
9        (14) Section 26-18 of this Code;
10        (15) Section 22-30 of this Code;
11        (16) Sections 24-12 and 34-85 of this Code;
12        (17) the Seizure Smart School Act; and
13        (18) Section 2-3.64a-10 of this Code; and .
14        (19) Article 26A of this Code.
15    The change made by Public Act 96-104 to this subsection
16(g) is declaratory of existing law.
17    (h) A charter school may negotiate and contract with a
18school district, the governing body of a State college or
19university or public community college, or any other public or
20for-profit or nonprofit private entity for: (i) the use of a
21school building and grounds or any other real property or
22facilities that the charter school desires to use or convert
23for use as a charter school site, (ii) the operation and
24maintenance thereof, and (iii) the provision of any service,
25activity, or undertaking that the charter school is required
26to perform in order to carry out the terms of its charter.

 

 

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1However, a charter school that is established on or after
2April 16, 2003 (the effective date of Public Act 93-3) and that
3operates in a city having a population exceeding 500,000 may
4not contract with a for-profit entity to manage or operate the
5school during the period that commences on April 16, 2003 (the
6effective date of Public Act 93-3) and concludes at the end of
7the 2004-2005 school year. Except as provided in subsection
8(i) of this Section, a school district may charge a charter
9school reasonable rent for the use of the district's
10buildings, grounds, and facilities. Any services for which a
11charter school contracts with a school district shall be
12provided by the district at cost. Any services for which a
13charter school contracts with a local school board or with the
14governing body of a State college or university or public
15community college shall be provided by the public entity at
16cost.
17    (i) In no event shall a charter school that is established
18by converting an existing school or attendance center to
19charter school status be required to pay rent for space that is
20deemed available, as negotiated and provided in the charter
21agreement, in school district facilities. However, all other
22costs for the operation and maintenance of school district
23facilities that are used by the charter school shall be
24subject to negotiation between the charter school and the
25local school board and shall be set forth in the charter.
26    (j) A charter school may limit student enrollment by age

 

 

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1or grade level.
2    (k) If the charter school is approved by the State Board or
3Commission, then the charter school is its own local education
4agency.
5(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
6100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
76-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
8eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
9101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
103-8-21.)
 
11    (105 ILCS 5/34-18.24)
12    Sec. 34-18.24. Transfer of students.
13    (a) The board shall establish and implement a policy
14governing the transfer of a student from one attendance center
15to another within the school district upon the request of the
16student's parent or guardian. A student may not transfer to
17any of the following attendance centers, except by change in
18residence if the policy authorizes enrollment based on
19residence in an attendance area or unless approved by the
20board on an individual basis:
21        (1) An attendance center that exceeds or as a result
22    of the transfer would exceed its attendance capacity.
23        (2) An attendance center for which the board has
24    established academic criteria for enrollment if the
25    student does not meet the criteria.

 

 

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1        (3) Any attendance center if the transfer would
2    prevent the school district from meeting its obligations
3    under a State or federal law, court order, or consent
4    decree applicable to the school district.
5(b) The board shall establish and implement a policy governing
6the transfer of students within the school district from a
7persistently dangerous attendance center to another attendance
8center in that district that is not deemed to be persistently
9dangerous. In order to be considered a persistently dangerous
10attendance center, the attendance center must meet all of the
11following criteria for 2 consecutive years:
12        (1) Have greater than 3% of the students enrolled in
13    the attendance center expelled for violence-related
14    conduct.
15        (2) Have one or more students expelled for bringing a
16    firearm to school as defined in 18 U.S.C. 921.
17        (3) Have at least 3% of the students enrolled in the
18    attendance center exercise the individual option to
19    transfer attendance centers pursuant to subsection (c) of
20    this Section.
21    (c) A student may transfer from one attendance center to
22another attendance center within the district if the student
23is a victim of a violent crime as defined in Section 3 of the
24Rights of Crime Victims and Witnesses Act. The violent crime
25must have occurred on school grounds during regular school
26hours or during a school-sponsored event.

 

 

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1    (d) (Blank).
2    (e) Notwithstanding any other provision of this Code, a
3student who is a victim of domestic or sexual violence, as
4defined in Article 26A, must be allowed to transfer to another
5school immediately and as needed if the student's continued
6attendance at a particular attendance center, school facility,
7or school location poses a risk to the student's mental or
8physical well-being or safety. A student who transfers to
9another school under this subsection (e) due to domestic or
10sexual violence must have full and immediate access to
11extracurricular activities and any programs or activities
12offered by or under the auspices of the school to which the
13student has transferred. The school district may not require a
14student who is a victim of domestic or sexual violence to
15transfer to another school. No adverse or prejudicial effects
16may result to any student who is a victim of domestic or sexual
17violence because of the student availing himself or herself of
18or declining the provisions of this subsection (e). The school
19district may require a student to verify his or her claim of
20domestic or sexual violence under Section 26A-45 before
21approving a transfer to another school under this subsection
22(e).
23(Source: P.A. 100-1046, eff. 8-23-18.)
 
24    Section 10. The Illinois School Student Records Act is
25amended by changing Section 2 as follows:
 

 

 

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1    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
2    Sec. 2. As used in this Act: ,
3    (a) "Student" means any person enrolled or previously
4enrolled in a school.
5    (b) "School" means any public preschool, day care center,
6kindergarten, nursery, elementary or secondary educational
7institution, vocational school, special educational facility
8or any other elementary or secondary educational agency or
9institution and any person, agency or institution which
10maintains school student records from more than one school,
11but does not include a private or non-public school.
12    (c) "State Board" means the State Board of Education.
13    (d) "School Student Record" means any writing or other
14recorded information concerning a student and by which a
15student may be individually identified, maintained by a school
16or at its direction or by an employee of a school, regardless
17of how or where the information is stored. The following shall
18not be deemed school student records under this Act: writings
19or other recorded information maintained by an employee of a
20school or other person at the direction of a school for his or
21her exclusive use; provided that all such writings and other
22recorded information are destroyed not later than the
23student's graduation or permanent withdrawal from the school;
24and provided further that no such records or recorded
25information may be released or disclosed to any person except

 

 

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1a person designated by the school as a substitute unless they
2are first incorporated in a school student record and made
3subject to all of the provisions of this Act. School student
4records shall not include information maintained by law
5enforcement professionals working in the school.
6    (e) "Student Permanent Record" means the minimum personal
7information necessary to a school in the education of the
8student and contained in a school student record. Such
9information may include the student's name, birth date,
10address, grades and grade level, parents' names and addresses,
11attendance records, and such other entries as the State Board
12may require or authorize.
13    (f) "Student Temporary Record" means all information
14contained in a school student record but not contained in the
15student permanent record. Such information may include family
16background information, intelligence test scores, aptitude
17test scores, psychological and personality test results,
18teacher evaluations, and other information of clear relevance
19to the education of the student, all subject to regulations of
20the State Board. The information shall include all of the
21following:
22        (1) Information information provided under Section 8.6
23    of the Abused and Neglected Child Reporting Act and
24    information contained in service logs maintained by a
25    local education agency under subsection (d) of Section
26    14-8.02f of the School Code.

 

 

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1        (2) Information In addition, the student temporary
2    record shall include information regarding serious
3    disciplinary infractions that resulted in expulsion,
4    suspension, or the imposition of punishment or sanction.
5    For purposes of this provision, serious disciplinary
6    infractions means: infractions involving drugs, weapons,
7    or bodily harm to another.
8        (3) Information concerning a student's status and
9    related experiences as a parent, expectant parent, or
10    victim of domestic or sexual violence, as defined in
11    Article 26A of the School Code, including a statement of
12    the student or any other documentation, record, or
13    corroborating evidence and the fact that the student has
14    requested or obtained assistance, accommodations, or
15    services related to that status. Enforcement of this
16    paragraph (3) shall follow the procedures provided in
17    Section 26A-40 of the School Code.
18    (g) "Parent" means a person who is the natural parent of
19the student or other person who has the primary responsibility
20for the care and upbringing of the student. All rights and
21privileges accorded to a parent under this Act shall become
22exclusively those of the student upon his 18th birthday,
23graduation from secondary school, marriage or entry into
24military service, whichever occurs first. Such rights and
25privileges may also be exercised by the student at any time
26with respect to the student's permanent school record.

 

 

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1(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.45 as follows:
 
4    (30 ILCS 805/8.45 new)
5    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
68 of this Act, no reimbursement by the State is required for
7the implementation of any mandate created by this amendatory
8Act of the 102nd General Assembly.
 
9    Section 99. Effective date. This Act takes effect July 1,
102022.".