HB3223ham002 102ND GENERAL ASSEMBLY

Rep. Anna Moeller

Filed: 4/20/2021

 

 


 

 


 
10200HB3223ham002LRB102 10689 CMG 25616 a

1
AMENDMENT TO HOUSE BILL 3223

2    AMENDMENT NO. ______. Amend House Bill 3223, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing
6Sections 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
734-18.24 and by adding Article 26A as follows:
 
8    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
9    Sec. 10-22.6. Suspension or expulsion of pupils; school
10searches.
11    (a) To expel pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16or guardians have been requested to appear at a meeting of the

 

 

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1board, or with a hearing officer appointed by it, to discuss
2their child's behavior. Such request shall be made by
3registered or certified mail and shall state the time, place
4and purpose of the meeting. The board, or a hearing officer
5appointed by it, at such meeting shall state the reasons for
6dismissal and the date on which the expulsion is to become
7effective. If a hearing officer is appointed by the board, he
8shall report to the board a written summary of the evidence
9heard at the meeting and the board may take such action thereon
10as it finds appropriate. If the board acts to expel a pupil,
11the written expulsion decision shall detail the specific
12reasons why removing the pupil from the learning environment
13is in the best interest of the school. The expulsion decision
14shall also include a rationale as to the specific duration of
15the expulsion. An expelled pupil may be immediately
16transferred to an alternative program in the manner provided
17in Article 13A or 13B of this Code. A pupil must not be denied
18transfer because of the expulsion, except in cases in which
19such transfer is deemed to cause a threat to the safety of
20students or staff in the alternative program.
21    (b) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school bus from riding the school bus, pursuant to subsections

 

 

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1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10    Any suspension shall be reported immediately to the
11parents or guardians guardian of a pupil along with a full
12statement of the reasons for such suspension and a notice of
13their right to a review. The school board must be given a
14summary of the notice, including the reason for the suspension
15and the suspension length. Upon request of the parents or
16guardians guardian, the school board or a hearing officer
17appointed by it shall review such action of the superintendent
18or principal, assistant principal, or dean of students. At
19such review, the parents or guardians guardian of the pupil
20may appear and discuss the suspension with the board or its
21hearing officer. If a hearing officer is appointed by the
22board, he shall report to the board a written summary of the
23evidence heard at the meeting. After its hearing or upon
24receipt of the written report of its hearing officer, the
25board may take such action as it finds appropriate. If a
26student is suspended pursuant to this subsection (b), the

 

 

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

 

 

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

 

 

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

 

 

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1shall have the opportunity to make up work for equivalent
2academic credit. It shall be the responsibility of a pupil's
3parents or guardians parent or guardian to notify school
4officials that a pupil suspended from the school bus does not
5have alternate transportation to school.
6    (b-35) In all suspension review hearings conducted
7pursuant to subsection (b) or expulsion hearings conducted
8pursuant to subsection (a), a student may disclose any factor
9to be considered in mitigation, including his or her status as
10a parent, expectant parent, or victim of domestic or sexual
11violence, as defined in Article 26A. A representative of the
12parent's or guardian's choice must be permitted to represent
13the student throughout the proceedings and to address the
14school board or its appointed hearing officer. With the
15approval of the student's parent or guardian, a support person
16must be permitted to accompany the student to any disciplinary
17hearings or proceedings. A suspension or expulsion proceeding
18under this subsection (b-35) must be conducted independently
19from any ongoing criminal investigation or proceeding, and an
20absence of pending or possible criminal charges, criminal
21investigations, or proceedings may not be a factor in school
22disciplinary decisions.
23    (b-40) During a suspension review hearing conducted
24pursuant to subsection (b) or an expulsion hearing conducted
25pursuant to subsection (a) that involves allegations of sexual
26violence by the student who is subject to discipline, neither

 

 

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

 

 

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

 

 

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

 

 

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1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities.
13    (f) Suspension or expulsion may include suspension or
14expulsion from school and all school activities and a
15prohibition from being present on school grounds.
16    (g) A school district may adopt a policy providing that if
17a student is suspended or expelled for any reason from any
18public or private school in this or any other state, the
19student must complete the entire term of the suspension or
20expulsion in an alternative school program under Article 13A
21of this Code or an alternative learning opportunities program
22under Article 13B of this Code before being admitted into the
23school district if there is no threat to the safety of students
24or staff in the alternative program. A school district that
25adopts a policy under this subsection (g) must include a
26provision allowing for consideration of any mitigating

 

 

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

 

 

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1(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
37-12-19.)
 
4    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
5    Sec. 10-22.6a. Home instruction; correspondence courses.
6    (a) To provide by home instruction, correspondence courses
7or otherwise courses of instruction for a pupil who is pupils
8who are unable to attend school because of pregnancy or
9pregnancy-related conditions, the fulfillment of parenting
10obligations related to the health of the child, or health and
11safety concerns arising from domestic or sexual violence, as
12defined in Article 26A. Such instruction shall be provided to
13the pupil at each of the following times:
14        (1) Before before the birth of the child when the
15    pupil's physician, physician assistant, or advanced
16    practice nurse has indicated to the district, in writing,
17    that the pupil is medically unable to attend regular
18    classroom instruction. and
19        (2) For for up to 3 months following the birth of the
20    child or a miscarriage.
21        (3) When the pupil must care for his or her ill child
22    if (i) the child's physician, physician assistant, or
23    advanced practice registered nurse has indicated to the
24    district, in writing, that the child has a serious health
25    condition that would require the pupil to be absent from

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 96-1441, eff. 8-20-10.)
 
2    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
3    Sec. 26-2a. A "truant" is defined as a child who is subject
4to compulsory school attendance and who is absent without
5valid cause, as defined under this Section, from such
6attendance for more than 1% but less than 5% of the past 180
7school days.
8    "Valid cause" for absence shall be illness, attendance at
9a verified medical or therapeutic appointment, appointment
10with a victim services provider, observance of a religious
11holiday, death in the immediate family, or family emergency,
12and shall include such other situations beyond the control of
13the student as determined by the board of education in each
14district, or such other circumstances which cause reasonable
15concern to the parent for the mental, emotional, or physical
16health or safety of the student. For purposes of a student who
17is an expectant parent, parent, or victim or domestic or
18sexual violence, "valid cause" for absence shall include (i)
19the fulfillment of a parenting responsibility, including, but
20not limited to, arranging and providing child care, caring for
21a sick child, attending prenatal or other medical appointments
22for the expectant student, and attending medical appointments
23for a child, and (ii) addressing circumstances resulting from
24domestic or sexual violence, including, but not limited to,
25experiencing domestic or sexual violence, recovering from

 

 

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

 

 

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1expulsion, aging out, graduation, or completion of a program
2of studies and who has not transferred to another public or
3private school and is not known to be home-schooled by his or
4her parents or guardians or continuing school in another
5country.
6    "Religion" for the purposes of this Article, includes all
7aspects of religious observance and practice, as well as
8belief.
9(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
10101-81, eff. 7-12-19.)
 
11    (105 ILCS 5/Art. 26A heading new)
12
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
13
EXPECTANT PARENTS, OR VICTIMS OF
14
DOMESTIC OR SEXUAL VIOLENCE

 
15    (105 ILCS 5/26A-1 new)
16    Sec. 26A-1. Scope of Article. This Article applies to all
17school districts and schools governed by this Code, including
18schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
1934. However, this Article does not apply to the Department of
20Juvenile Justice School District.
 
21    (105 ILCS 5/26A-5 new)
22    Sec. 26A-5. Purpose. The purpose of this Article is to
23ensure that Illinois schools have policies, procedures, and

 

 

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

 

 

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

 

 

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1subject of a criminal investigation or the perpetrator has
2been criminally charged or convicted of a crime, whether or
3not an order of protection or a no-contact order is pending
4before or has been issued by a court, or whether or not any
5domestic or sexual violence took place on school grounds,
6during regular school hours, or during a school-sponsored
7event.
8    "Domestic or sexual violence organization" means a
9nonprofit, nongovernmental organization that provides
10assistance to victims of domestic or sexual violence or
11advocates for those victims, including an organization
12carrying out a domestic or sexual violence program, an
13organization operating a shelter or a rape crisis center or
14providing counseling services, an accredited children's
15advocacy center, an organization that provides services to or
16advocates on behalf of children and students who are gay,
17lesbian, bi-sexual, transgender, or gender nonconforming, an
18organization that provides services to or advocates on behalf
19of children and students who are parents or expectant parents,
20or an organization seeking to eliminate domestic or sexual
21violence or to address the consequences of that violence for
22its victims through legislative advocacy or policy change,
23public education, or service collaboration.
24    "Domestic violence" means abuse, as defined in the
25Illinois Domestic Violence Act of 1986, by family or household
26members, as defined in the Illinois Domestic Violence Act of

 

 

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11986.
2    "Electronic communication" includes communications via
3telephone, mobile phone, computer, email, video recorder, fax
4machine, telex, pager, apps or applications, or any other
5electronic communication or cyberstalking under Section 12-7.5
6of the Criminal Code of 2012.
7    "Expectant parent" means a student who (i) is pregnant and
8(ii) has not yet received a diploma for completion of a
9secondary education, as defined in Section 22-22.
10    "Gender-based harassment" means any harassment or
11discrimination on the basis of an individual's actual or
12perceived sex or gender, including unwelcome sexual advances,
13requests for sexual favors, other verbal or physical conduct
14of a sexual nature, or unwelcome conduct, including verbal,
15nonverbal, or physical conduct that is not sexual in nature
16but is related to a student's status as a parent, expectant
17parent, or victim of domestic or sexual violence.
18    "Harassment" means any unwelcome conduct on the basis of a
19student's actual or perceived race, gender, color, religion,
20national origin, ancestry, sex, marital status, order of
21protection status, disability, sexual orientation, gender
22identity, pregnancy, or citizenship status that has the
23purpose or effect of substantially interfering with the
24individual's academic performance or creating an intimidating,
25hostile, or offensive learning environment.
26    "Perpetrator" means an individual who commits or is

 

 

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1alleged to have committed any act of domestic or sexual
2violence. The term "perpetrator" must be used with caution
3when applied to children, particularly young children.
4    "Poor academic performance" means a student who has (i)
5scored in the 50th percentile or below on a school
6district-administered standardized test, (ii) received a score
7on a State assessment that does not meet standards in one or
8more of the fundamental learning areas under Section 27-1, as
9applicable for the student's grade level, or (iii) not met
10grade-level expectations on a school district-designated
11assessment.
12    "Representative" means an adult who is authorized to act
13on behalf of a student during a proceeding, including an
14attorney, parent, or guardian.
15    "School" means a school district or school governed by
16this Code, including a school operating under Article 13, 13A,
1713B, 27A, 32, 33, or 34, other than the Department of Juvenile
18Justice School District. "School" includes any other entity
19responsible for administering public schools, such as
20cooperatives, joint agreements, charter schools, special
21charter districts, regional offices of education, local
22agencies, or the Department of Human Services, and non-public
23schools recognized by the State Board of Education.
24    "Sexual activity" means any knowingly touching or fondling
25by one person, either directly or through clothing, of the sex
26organs, anus, mouth, or breast of another person for the

 

 

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1purpose of sexual gratification or arousal.
2    "Sexual assault" or "sexual violence" means any conduct of
3an adult or minor child proscribed in Article 11 of the
4Criminal Code of 2012, except for Sections 11-35, 11-40, and
511-45 of the Criminal Code of 2012, including conduct
6committed by a perpetrator who is a stranger to the victim and
7conduct by a perpetrator who is known or related by blood or
8marriage to the victim.
9    "Stalking" means any conduct proscribed in Section 12-7.3,
1012-7.4, or 12-7.5 of the Criminal Code of 2012, including
11stalking committed by a perpetrator who is a stranger to the
12victim and stalking committed by a perpetrator who is known or
13related by blood or marriage to the victim.
14    "Student" or "pupil" means any child who has not yet
15received a diploma for completion of a secondary education, as
16defined in Section 22-22 and pursuant to the criteria set
17forth in subsection (b) of Section 26-2. "Student" includes,
18but is not limited to, an unaccompanied minor not in the
19physical custody of a parent or guardian.
20    "Student at risk of academic failure" means a student who
21is at risk of failing to meet the Illinois Learning Standards
22or failing to graduate from elementary or high school and who
23demonstrates a need for educational support or social services
24beyond those provided by the regular school program.
25    "Student parent" means a student who is a custodial or
26noncustodial parent taking an active role in the care and

 

 

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1supervision of a child and who has not yet received a diploma
2for completion of a secondary education, as defined in Section
322-22.
4    "Support person" means any person whom the victim has
5chosen to include in proceedings for emotional support or
6safety. A support person does not participate in proceedings
7but is permitted to observe and support the victim with parent
8or guardian approval. "Support person" may include, but is not
9limited to, an advocate, clergy, a counselor, and a parent or
10guardian. If a student is age 18 years or older, the student
11has the right to choose a support person without parent or
12guardian approval.
13    "Survivor-centered" means a systematic focus on the needs
14and concerns of a survivor of sexual violence, domestic
15violence, dating violence, or stalking that (i) ensures the
16compassionate and sensitive delivery of services in a
17nonjudgmental manner, (ii) ensures an understanding of how
18trauma affects survivor behavior, (iii) maintains survivor
19safety, privacy, and, if possible, confidentiality, and (iv)
20recognizes that a survivor is not responsible for the sexual
21violence, domestic violence, dating violence, or stalking.
22    "Trauma-informed response" means a response involving an
23understanding of the complexities of sexual violence, domestic
24violence, dating violence, or stalking through training
25centered on the neurobiological impact of trauma, the
26influence of societal myths and stereotypes surrounding sexual

 

 

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

 

 

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

 

 

10200HB3223ham002- 32 -LRB102 10689 CMG 25616 a

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

 

 

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

 

 

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

 

 

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1    (j) of Section 4 of the Abused and Neglected Child
2    Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and
3    27-23.7 of this Code, and subsections (d) and (f) of
4    Section 10-22.39 of this Code. The guidance must also
5    identify what gaps in training exist, including, but not
6    limited to, training on trauma-informed responses and
7    racial and gender equity, and make recommendations for
8    future training programs that should be required or
9    recommended for the positions as prescribed by Sections
10    26A-25 and 26A-35.
11    (e) The Task Force is dissolved upon submission of its
12report under subsection (d).
13    (f) This Section is repealed on December 1, 2023.
 
14    (105 ILCS 5/26A-20 new)
15    Sec. 26A-20. Review and revision of policies and
16procedures.
17    (a) No later than July 1, 2024 and every 2 years
18thereafter, each school district must review all existing
19policies and procedures and must revise any existing policies
20and procedures that may act as a barrier to the immediate
21enrollment and re-enrollment, attendance, graduation, and
22success in school of any student who is a student parent,
23expectant student parent, or victim of domestic or sexual
24violence or any policies or procedures that may compromise a
25criminal investigation relating to domestic or sexual violence

 

 

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1or may re-victimize students. A school district must adopt new
2policies and procedures, as needed, to implement this Section
3and to ensure that immediate and effective steps are taken to
4respond to students who are student parents, expectant
5parents, or victims of domestic or sexual violence.
6    (b) A school district's policy must be consistent with the
7model policy and procedures adopted by the State Board of
8Education and under Public Act 101-531.
9    (c) A school district's policy on the procedures that a
10student or his or her parent or guardian may follow if he or
11she chooses to report an incident of alleged domestic or
12sexual violence must, at a minimum, include all of the
13following:
14        (1) The name and contact information for domestic or
15    sexual violence and parenting resource personnel, the
16    Title IX coordinator, school and school district resource
17    officers or security, and a community-based domestic or
18    sexual violence organization.
19        (2) The name, title, and contact information for
20    confidential resources and a description of what
21    confidential reporting means.
22        (3) An option for the student or the student's parent
23    or guardian to electronically, anonymously, and
24    confidentially report the incident.
25        (4) An option for reports by third parties and
26    bystanders.

 

 

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1        (5) Information regarding the various individuals,
2    departments, or organizations to whom a student may report
3    an incident of domestic or sexual violence, specifying for
4    each individual or entity (i) the extent of the
5    individual's or entity's reporting obligation to the
6    school's or school district's administration, Title IX
7    coordinator, or other personnel or entity, (ii) the
8    individual's or entity's ability to protect the student's
9    privacy, and (iii) the extent of the individual's or
10    entity's ability to have confidential communications with
11    the student or his or her parent or guardian.
12        (6) The adoption of a complaint resolution procedure
13    as provided in Section 26A-25.
14    (d) A school district must post its revised policies and
15procedures on its website, distribute them at the beginning of
16each school year to each student, and make copies available to
17each student and his or her parent or guardian for inspection
18and copying at no cost to the student or parent or guardian at
19each school within a school district.
 
20    (105 ILCS 5/26A-25 new)
21    Sec. 26A-25. Complaint resolution procedure.
22    (a) On or before July 1, 2024, each school district must
23adopt one procedure to resolve complaints of violations of
24this amendatory Act of the 102nd General Assembly. The
25respondent must be the school, school district, or school

 

 

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1personnel. These procedures shall comply with the
2confidentiality provisions of Sections 26A-20 and 26A-30. The
3procedures must include, at minimum, all of the following:
4        (1) The opportunity to consider the most appropriate
5    means to execute the procedure considering school safety,
6    the developmental level of students, methods to reduce
7    trauma during the procedure, and how to avoid multiple
8    communications with students involved with an alleged
9    incident of domestic or sexual violence.
10        (2) Any proceeding, meeting, or hearing held to
11    resolve complaints of any violation of this amendatory Act
12    of the 102nd General Assembly must protect the privacy of
13    the participating parties and witnesses. A school, school
14    district, or school personnel may not disclose the
15    identity of parties or witnesses, except as necessary to
16    resolve the complaint or to implement interim protective
17    measures and reasonable accommodations or when required by
18    State or federal law.
19        (3) Complainants alleging violations of this
20    amendatory Act of the 102nd General Assembly must have the
21    opportunity to request that the complaint resolution
22    procedure begin promptly and proceed in a timely manner.
23    (b) A school district must determine the individuals who
24will resolve complaints of violations of this amendatory Act
25of the 102nd General Assembly.
26        (1) All individuals whose duties include resolution of

 

 

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1    complaints of violations of this amendatory Act of the
2    102nd General Assembly must complete a minimum of 8 hours
3    of training on issues related to domestic and sexual
4    violence and how to conduct the school's complaint
5    resolution procedure. Training may include the in-service
6    training required under subsection (d) of Section 10-22.39
7    before commencement of those duties, and an individual
8    must receive a minimum of 6 hours of such training
9    annually thereafter. This training must be conducted by an
10    individual or individuals with expertise in domestic or
11    sexual violence in youth and expertise in developmentally
12    appropriate communications with elementary and secondary
13    school students regarding topics of a sexual, violent, or
14    sensitive nature.
15        (2) Each school must have a sufficient number of
16    individuals trained to resolve complaints so that (i) a
17    substitution can occur in the case of a conflict of
18    interest or recusal, (ii) an individual with no prior
19    involvement in the initial determination or finding may
20    hear any appeal brought by a party, and (iii) the
21    complaint resolution procedure proceeds in a timely
22    manner.
23        (3) The complainant and any witnesses shall (i)
24    receive notice of the name of the individual with
25    authority to make a finding or approve an accommodation in
26    the proceeding before the individual may initiate contact

 

 

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1    with the complainant and any witnesses and (ii) have the
2    opportunity to request a substitution if the participation
3    of an individual with authority to make a finding or
4    approve an accommodation poses a conflict of interest.
5    (c) If the alleged violation of this amendatory Act of the
6102nd General Assembly involves making a determination or a
7finding of responsibility for causing harm, the following
8procedures shall apply:
9        (1) The individual making the finding must use a
10    preponderance of evidence standard to determine whether
11    the incident occurred.
12        (2) The complainant and respondent and any witnesses
13    may not directly or through a representative question one
14    another. At the discretion of the individual resolving the
15    complaint, the complainant and the respondent may suggest
16    questions to be posed by the individual resolving the
17    complaint and if the individual resolving the complaint
18    decides to pose such questions.
19        (3) A live hearing is not required. If the complaint
20    resolution procedure includes a hearing, no student who is
21    a witness, including the complainant, may be compelled to
22    testify in the presence of a party or other witness. If a
23    witness invokes this right to testify outside the presence
24    of the other party or other witnesses, then the school
25    district must provide an option by which each party may,
26    at a minimum, hear the witnesses' testimony.

 

 

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1    (d) Each party and witness may request and must be allowed
2to have a representative or support persons of their choice
3accompany them to any meeting or proceeding related to the
4alleged violence or violation of this amendatory Act of the
5102nd General Assembly if the involvement of the
6representative or support persons does not result in undue
7delay of the meeting or proceeding. This representative or
8support persons must comply with any rules of the school
9district's complaint resolution procedure. If the
10representative or support persons violate the rules or engage
11in behavior or advocacy that harasses, abuses, or intimidates
12either party, a witness, or an individual resolving the
13complaint, the representative or support persons may be
14prohibited from further participation in the meeting or
15proceeding.
16    (e) The complainant, regardless of the level of
17involvement in the complaint resolution procedure, and the
18respondent must have the opportunity to provide or present
19evidence and witnesses on their behalf during the complaint
20resolution procedure.
21    (f) The complainant and respondent and any named
22perpetrator directly impacted by the results of the complaint
23resolution procedure are entitled to simultaneous written
24notification of the results of the complaint resolution
25procedure, including information regarding appeals rights and
26procedures, within 10 business days after a decision or sooner

 

 

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1if required by State or federal law or district policy.
2    (g) The complainant, respondents, and named perpetrator,
3if directly impacted by the results of the complaint
4resolution procedure, must, at a minimum, have the right to
5timely appeal the complaint resolution procedure's findings or
6remedies if a party alleges (i) a procedural error occurred,
7(ii) new information exists that would substantially change
8the outcome of the proceeding, (iii) the remedy is not
9sufficiently related to the finding, or (iv) the decision is
10against the weight of the evidence.
11    (h) An individual reviewing the findings or remedies may
12not have previously participated in the complaint resolution
13procedure and may not have a conflict of interest with either
14party.
15    (i) The complainant and respondent and any perpetrators
16directly impacted by the results of the complaint resolution
17procedure must receive the appeal decision, in writing, within
1810 business days but in no case more than 15 business days
19after the conclusion of the review of findings or remedies or
20sooner if required by State or federal law.
21    (j) Each school district must have a procedure to
22determine interim protective measures and accommodations
23available pending the resolution of the complaint, including
24the implementation of court orders.
 
25    (105 ILCS 5/26A-30 new)

 

 

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1    Sec. 26A-30. Confidentiality.
2    (a) Each school district must adopt and implement a policy
3and protocol to ensure that all information concerning a
4student's status and related experiences as a parent,
5expectant parent, or victim of domestic or sexual violence or
6a student who is a named perpetrator of domestic or sexual
7violence, provided to or otherwise obtained by the school
8district or its employees or agents pursuant to this Code or
9otherwise, including a statement of the student or any other
10documentation, record, or corroborating evidence that the
11student has requested or obtained assistance, accommodations,
12or services pursuant to this Code, shall be retained in the
13strictest of confidence by the school district or its
14employees or agents and may not be disclosed to any other
15individual, including any other employee, except if such
16actions are (i) in conflict with the Illinois School Student
17Records Act, the federal Family Educational Rights and Privacy
18Act of 1974, or other applicable State or federal laws, or (ii)
19requested or consented to, in writing, by the student or the
20student's parent or guardian if it is safe to obtain written
21consent from the student's parent or guardian.
22    (b) Prior to disclosing information about a student's
23status as a parent, expectant parent, or victim of domestic or
24sexual violence, a school must notify the student and discuss
25and address any safety concerns related to the disclosure,
26including instances in which the student indicates or the

 

 

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1school or school district or its employees or agents are
2otherwise aware that the student's health or safety may be at
3risk if his or her status is disclosed to the student's parent
4or guardian, except as otherwise required by applicable State
5or federal law, including the Abused and Neglected Child
6Reporting Act, the Illinois School Student Records Act, the
7federal Family Educational Rights and Privacy Act of 1974, and
8professional ethics policies that govern professional school
9personnel.
10    (c) No student may be required to testify publicly
11concerning his or her status as a victim of domestic or sexual
12violence, allegations of domestic or sexual violence, his or
13her status as a parent or expectant parent, or the student's
14efforts to enforce any of his or her rights under provisions of
15this Code relating to students who are parents, expectant
16parents, or victims of domestic or sexual violence.
17    (d) In the case of domestic or sexual violence, except as
18required under State or federal law, a school district must
19not contact the person named to be the perpetrator, the
20perpetrator's family, or any other person named by the student
21or named by the student's parent or guardian to be unsafe to
22contact to verify the violence. A school district must not
23contact the perpetrator, the perpetrator's family, or any
24other person named by the student or the student's parent or
25guardian to be unsafe for any other reason without written
26permission from the student or his or her parent or guardian.

 

 

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

 

 

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1employed at least part time at the school and who is a school
2social worker, school psychologist, school counselor, school
3nurse, or school administrator trained to address, in a
4survivor-centered, trauma responsive, culturally responsive,
5confidential, and sensitive manner, the needs of students who
6are parents, expectant parents, or victims of domestic or
7sexual violence. The designated or appointed staff person must
8have all of the following duties:
9        (1) To connect students who are parents, expectant
10    parents, or victims of domestic or sexual violence to
11    appropriate in-school services or other agencies,
12    programs, or services as needed.
13        (2) To coordinate the implementation of the school's
14    and school district's policies, procedures, and protocols
15    in cases involving student allegations of domestic or
16    sexual violence.
17        (3) To coordinate the implementation of the school's
18    and school district's policies, procedures, and protocols
19    as set forth in provisions of this Code concerning
20    students who are parents, expectant parents, or victims of
21    domestic or sexual violence.
22        (4) To assist students described in paragraph (1) in
23    their efforts to exercise and preserve their rights as set
24    forth in provisions of this Code concerning students who
25    are parents, expectant parents, or victims of domestic or
26    sexual violence.

 

 

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1        (5) To assist in providing staff development to
2    establish a positive and sensitive learning environment
3    for students described in paragraph (1).
4    (b) A member of staff who is designated or appointed under
5subsection (a) must (i) be trained to understand, provide
6information and referrals, and address issues pertaining to
7youth who are parents, expectant parents, or victims of
8domestic or sexual violence, including the theories and
9dynamics of domestic and sexual violence, the necessity for
10confidentiality and the law, policy, procedures, and protocols
11implementing confidentiality, and the notification of the
12student's parent or guardian regarding the student's status as
13a parent, expectant parent, or victim of domestic or sexual
14violence or the enforcement of the student's rights under this
15Code if the notice of the student's status or the involvement
16of the student's parent or guardian may put the health or
17safety of the student at risk, including the rights of minors
18to consent to counseling services and psychotherapy under the
19Mental Health and Developmental Disabilities Code, or (ii) at
20a minimum, have participated in an in-service training program
21under subsection (d) of Section 10-22.39 that includes
22training on the rights of minors to consent to counseling
23services and psychotherapy under the Mental Health and
24Developmental Disabilities Code within 12 months prior to his
25or her designation or appointment.
26    (c) A school district must designate or appoint and train

 

 

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1all domestic or sexual violence and parenting resource
2personnel, and the personnel must assist in implementing the
3duties as described in this Section no later than June 30,
42024, except in those school districts in which there exists a
5collective bargaining agreement on the effective date of this
6amendatory Act of the 102nd General Assembly and the
7implementation of this Section would be a violation of that
8collective bargaining agreement. If implementation of some
9activities required under this Section is prevented by an
10existing collective bargaining agreement, a school district
11must comply with this Section to the fullest extent allowed by
12the existing collective bargaining agreement no later than
13June 30, 2024. In those instances in which a collective
14bargaining agreement that either fully or partially prevents
15full implementation of this Section expires after June 30,
162024, a school district must designate or appoint and train
17all domestic and sexual violence and parenting resource
18personnel, who shall implement the duties described in this
19Section no later than the effective date of the new collective
20bargaining agreement that immediately succeeds the collective
21bargaining agreement in effect on the effective date of this
22amendatory Act of the 102nd General Assembly.
 
23    (105 ILCS 5/26A-40 new)
24    Sec. 26A-40. Accommodations and services.
25    (a) To facilitate the full participation of students who

 

 

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1are parents, expectant parents, or victims of domestic or
2sexual violence, each school district must provide those
3students with reasonable accommodations, in-school support
4services, access to nonschool-based support services, and the
5ability to make up work missed on account of circumstances
6related to the student's status as a parent, expectant parent,
7or victim of domestic or sexual violence. Victims of domestic
8or sexual violence must have access to those accommodations
9and services regardless of when or where the violence for
10which they are seeking accommodations and services occurred.
11All accommodations and services must be continued for as long
12as necessary to maintain the mental and physical well-being
13and safety of the student. Schools may have a policy to
14periodically check on students receiving accommodations and
15services to determine whether each accommodation and service
16continues to be necessary to maintain the mental and physical
17well-being and safety of the student or whether termination is
18appropriate.
19    (b) Accommodations provided under subsection (a) shall
20include, but are not limited to (i) the provision of
21sufficiently private settings to ensure confidentiality and
22time off from class for meetings with counselors or other
23service providers, (ii) assisting the student with a student
24success plan, (iii) transferring a victim of domestic or
25sexual violence or the student perpetrator to a different
26classroom or school, (iv) changing a seating assignment, (v)

 

 

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1implementing in-school, school grounds, and bus safety
2procedures, (vi) honoring court orders, including orders of
3protection and no-contact orders to the fullest extent
4possible, and (vii) providing any other accommodation that may
5facilitate the full participation in the regular education
6program of students who are parents, expectant parents, or
7victims of domestic or sexual violence.
8    (c) If a student who is a parent, expectant parent, or
9victim of domestic or sexual violence is a student at risk of
10academic failure or displays poor academic performance, the
11student or the student's parent or guardian may request that
12the school district provide the student with or refer the
13student to education and support services designed to assist
14the student in meeting State learning standards. A school
15district may either provide education or support services
16directly or may collaborate with public or private State,
17local, or community-based organizations or agencies that
18provide these services. A school district must also assist
19those students in accessing the support services of
20nonschool-based organizations and agencies from which those
21students typically receive services in the community.
22    (d) Any student who is unable, because of circumstances
23related to the student's status as a parent, expectant parent,
24or victim of domestic or sexual violence, to participate in
25classes on a particular day or days or at the particular time
26of day must be excused from any examination or any study or

 

 

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

 

 

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

 

 

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1    (g) Any support services to students receiving education
2and support services must be available in any school or by home
3or hospital instruction to the highest quality and fullest
4extent possible for the individual setting.
5    (h) Individual, peer, group, and family counseling
6services or psychotherapy must be made available to students
7who are parents, expectant parents, or victims of domestic or
8sexual violence consistent with the Mental Health and
9Developmental Disabilities Code. At least once every school
10year, each school district must inform, in writing, all school
11personnel and all students 12 years of age or older of the
12availability of counseling without parental or guardian
13consent under Section 3-5A-105 (to be renumbered as Section
143-550 in a revisory bill as of the effective date of this
15amendatory Act of the 102nd General Assembly) of the Mental
16Health and Developmental Disabilities Code. This information
17must also be provided to students immediately after any school
18personnel becomes aware that a student is a parent, expectant
19parent, or victim of domestic or sexual violence.
20    (i) All domestic or sexual violence organizations and
21their staff and any other nonschool organization and its staff
22shall maintain confidentiality pursuant to federal and State
23laws and their professional ethics policies regardless of when
24or where information, advice, counseling, or any other
25interaction with students takes place. A school or school
26district may not request or require those organizations or

 

 

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1individuals to breach confidentiality.
 
2    (105 ILCS 5/26A-45 new)
3    Sec. 26A-45. Verification.
4    (a) For purposes of students asserting their rights under
5provisions relating to domestic or sexual violence in Sections
610-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
7school district may require verification of the claim. The
8student or the student's parents or guardians shall choose
9which form of verification to submit to the school district. A
10school district may only require one form of verification,
11unless the student is requesting a transfer to another school,
12in which case the school district may require 2 forms of
13verification. All forms of verification received by a school
14district under this subsection (a) must be kept in a
15confidential temporary file, in accordance with the Illinois
16School Student Records Act. Any one of the following shall be
17acceptable as a form of verification of a student's claim of
18domestic or sexual violence:
19        (1) A written statement from the student or anyone who
20    has knowledge of the circumstances that support the
21    student's claim. This may be in the form of a complaint.
22        (2) A police report, government agency record, or
23    court record.
24        (3) A statement or other documentation from a domestic
25    or sexual violence organization or any other organization

 

 

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

 

 

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1contacts the student's parent or guardian to obtain written
2consent.
 
3    (105 ILCS 5/26A-50 new)
4    Sec. 26A-50. Prohibited practices. No school or school
5district may take any adverse action against a student who is a
6parent, expectant parent, or victim of domestic or sexual
7violence because the student or his or her parent or guardian
8(i) exercises or attempts to exercise his or her rights under
9this amendatory Act of the 102nd General Assembly, (ii)
10opposes practices that the student or his or her parent or
11guardian believes to be in violation of this amendatory Act of
12the 102nd General Assembly, or (iii) supports the exercise of
13the rights of another under this amendatory Act of the 102nd
14General Assembly. Exercising rights under this amendatory Act
15of the 102nd General Assembly includes, but is not limited to,
16filing an action, instituting or causing to be instituted any
17proceeding under or related to this amendatory Act of the
18102nd General Assembly, or in any manner requesting, availing
19himself or herself of, or declining any of the provisions of
20this amendatory Act of the 102nd General Assembly, including,
21but not limited to, accommodations and services.
 
22    (105 ILCS 5/27A-5)
23    Sec. 27A-5. Charter school; legal entity; requirements.
24    (a) A charter school shall be a public, nonsectarian,

 

 

10200HB3223ham002- 57 -LRB102 10689 CMG 25616 a

1nonreligious, non-home based, and non-profit school. A charter
2school shall be organized and operated as a nonprofit
3corporation or other discrete, legal, nonprofit entity
4authorized under the laws of the State of Illinois.
5    (b) A charter school may be established under this Article
6by creating a new school or by converting an existing public
7school or attendance center to charter school status.
8Beginning on April 16, 2003 (the effective date of Public Act
993-3), in all new applications to establish a charter school
10in a city having a population exceeding 500,000, operation of
11the charter school shall be limited to one campus. The changes
12made to this Section by Public Act 93-3 do not apply to charter
13schools existing or approved on or before April 16, 2003 (the
14effective date of Public Act 93-3).
15    (b-5) In this subsection (b-5), "virtual-schooling" means
16a cyber school where students engage in online curriculum and
17instruction via the Internet and electronic communication with
18their teachers at remote locations and with students
19participating at different times.
20    From April 1, 2013 through December 31, 2016, there is a
21moratorium on the establishment of charter schools with
22virtual-schooling components in school districts other than a
23school district organized under Article 34 of this Code. This
24moratorium does not apply to a charter school with
25virtual-schooling components existing or approved prior to
26April 1, 2013 or to the renewal of the charter of a charter

 

 

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1school with virtual-schooling components already approved
2prior to April 1, 2013.
3    (c) A charter school shall be administered and governed by
4its board of directors or other governing body in the manner
5provided in its charter. The governing body of a charter
6school shall be subject to the Freedom of Information Act and
7the Open Meetings Act. No later than January 1, 2021 (one year
8after the effective date of Public Act 101-291), a charter
9school's board of directors or other governing body must
10include at least one parent or guardian of a pupil currently
11enrolled in the charter school who may be selected through the
12charter school or a charter network election, appointment by
13the charter school's board of directors or other governing
14body, or by the charter school's Parent Teacher Organization
15or its equivalent.
16    (c-5) No later than January 1, 2021 (one year after the
17effective date of Public Act 101-291) or within the first year
18of his or her first term, every voting member of a charter
19school's board of directors or other governing body shall
20complete a minimum of 4 hours of professional development
21leadership training to ensure that each member has sufficient
22familiarity with the board's or governing body's role and
23responsibilities, including financial oversight and
24accountability of the school, evaluating the principal's and
25school's performance, adherence to the Freedom of Information
26Act and the Open Meetings Act, and compliance with education

 

 

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1and labor law. In each subsequent year of his or her term, a
2voting member of a charter school's board of directors or
3other governing body shall complete a minimum of 2 hours of
4professional development training in these same areas. The
5training under this subsection may be provided or certified by
6a statewide charter school membership association or may be
7provided or certified by other qualified providers approved by
8the State Board of Education.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and
15school personnel. "Non-curricular health and safety
16requirement" does not include any course of study or
17specialized instructional requirement for which the State
18Board has established goals and learning standards or which is
19designed primarily to impart knowledge and skills for students
20to master and apply as an outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall

 

 

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1be updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. To ensure financial accountability for the use of
23public funds, on or before December 1 of every year of
24operation, each charter school shall submit to its authorizer
25and the State Board a copy of its audit and a copy of the Form
26990 the charter school filed that year with the federal

 

 

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

 

 

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1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school
4    report cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code;
13        (14) Section 26-18 of this Code;
14        (15) Section 22-30 of this Code;
15        (16) Sections 24-12 and 34-85 of this Code;
16        (17) the Seizure Smart School Act; and
17        (18) Section 2-3.64a-10 of this Code; and .
18        (19) Article 26A of this Code.
19    The change made by Public Act 96-104 to this subsection
20(g) is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert

 

 

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

 

 

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1facilities that are used by the charter school shall be
2subject to negotiation between the charter school and the
3local school board and shall be set forth in the charter.
4    (j) A charter school may limit student enrollment by age
5or grade level.
6    (k) If the charter school is approved by the State Board or
7Commission, then the charter school is its own local education
8agency.
9(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
10100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
116-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
12eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
13101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
143-8-21.)
 
15    (105 ILCS 5/34-18.24)
16    Sec. 34-18.24. Transfer of students.
17    (a) The board shall establish and implement a policy
18governing the transfer of a student from one attendance center
19to another within the school district upon the request of the
20student's parent or guardian. A student may not transfer to
21any of the following attendance centers, except by change in
22residence if the policy authorizes enrollment based on
23residence in an attendance area or unless approved by the
24board on an individual basis:
25        (1) An attendance center that exceeds or as a result

 

 

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

 

 

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

 

 

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1(Source: P.A. 100-1046, eff. 8-23-18.)
 
2    Section 10. The Illinois School Student Records Act is
3amended by changing Section 2 as follows:
 
4    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
5    Sec. 2. As used in this Act: ,
6    (a) "Student" means any person enrolled or previously
7enrolled in a school.
8    (b) "School" means any public preschool, day care center,
9kindergarten, nursery, elementary or secondary educational
10institution, vocational school, special educational facility
11or any other elementary or secondary educational agency or
12institution and any person, agency or institution which
13maintains school student records from more than one school,
14but does not include a private or non-public school.
15    (c) "State Board" means the State Board of Education.
16    (d) "School Student Record" means any writing or other
17recorded information concerning a student and by which a
18student may be individually identified, maintained by a school
19or at its direction or by an employee of a school, regardless
20of how or where the information is stored. The following shall
21not be deemed school student records under this Act: writings
22or other recorded information maintained by an employee of a
23school or other person at the direction of a school for his or
24her exclusive use; provided that all such writings and other

 

 

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1recorded information are destroyed not later than the
2student's graduation or permanent withdrawal from the school;
3and provided further that no such records or recorded
4information may be released or disclosed to any person except
5a person designated by the school as a substitute unless they
6are first incorporated in a school student record and made
7subject to all of the provisions of this Act. School student
8records shall not include information maintained by law
9enforcement professionals working in the school.
10    (e) "Student Permanent Record" means the minimum personal
11information necessary to a school in the education of the
12student and contained in a school student record. Such
13information may include the student's name, birth date,
14address, grades and grade level, parents' names and addresses,
15attendance records, and such other entries as the State Board
16may require or authorize.
17    (f) "Student Temporary Record" means all information
18contained in a school student record but not contained in the
19student permanent record. Such information may include family
20background information, intelligence test scores, aptitude
21test scores, psychological and personality test results,
22teacher evaluations, and other information of clear relevance
23to the education of the student, all subject to regulations of
24the State Board. The information shall include all of the
25following:
26        (1) Information information provided under Section 8.6

 

 

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1    of the Abused and Neglected Child Reporting Act and
2    information contained in service logs maintained by a
3    local education agency under subsection (d) of Section
4    14-8.02f of the School Code.
5        (2) Information In addition, the student temporary
6    record shall include information regarding serious
7    disciplinary infractions that resulted in expulsion,
8    suspension, or the imposition of punishment or sanction.
9    For purposes of this provision, serious disciplinary
10    infractions means: infractions involving drugs, weapons,
11    or bodily harm to another.
12        (3) Information concerning a student's status and
13    related experiences as a parent, expectant parent, or
14    victim of domestic or sexual violence, as defined in
15    Article 26A of the School Code, including a statement of
16    the student or any other documentation, record, or
17    corroborating evidence and the fact that the student has
18    requested or obtained assistance, accommodations, or
19    services related to that status. Enforcement of this
20    paragraph (3) shall follow the procedures provided in
21    Section 26A-40 of the School Code.
22    (g) "Parent" means a person who is the natural parent of
23the student or other person who has the primary responsibility
24for the care and upbringing of the student. All rights and
25privileges accorded to a parent under this Act shall become
26exclusively those of the student upon his 18th birthday,

 

 

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1graduation from secondary school, marriage or entry into
2military service, whichever occurs first. Such rights and
3privileges may also be exercised by the student at any time
4with respect to the student's permanent school record.
5(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
6    Section 90. The State Mandates Act is amended by adding
7Section 8.45 as follows:
 
8    (30 ILCS 805/8.45 new)
9    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
108 of this Act, no reimbursement by the State is required for
11the implementation of any mandate created by this amendatory
12Act of the 102nd General Assembly.
 
13    Section 99. Effective date. This Act takes effect July 1,
142022.".