HB1330eng 95TH GENERAL ASSEMBLY

HB1330 Engrossed LRB095 08290 NHT 28462 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 10-22.6, 10-22.6a, 10-22.39, 13A-11, 14-8.02, 26-2a, and 27A-5 and by adding Article 13C as follows:

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

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

(a) To expel pupils guilty of gross disobedience or misconduct, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate.

(b) To suspend or by regulation to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension. The board may by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a review, a copy of which shall be given to the school board. Upon request of the parents or guardian the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate.

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

(c-5) In all suspension and expulsion proceedings, a student may raise his or her status as a parent, expectant parent, or victim of domestic or sexual violence, which must be considered as a mitigating factor in determining whether to suspend or expel the student or in deciding the nature or severity of the disciplinary action at any time throughout the proceedings. This subsection (c-5) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis. A student who is determined to have brought a weapon to school, any school-sponsored activity or event, or any activity or event which bears a reasonable relationship to school shall be expelled for a period of not less than one year, except that the expulsion period may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case by case basis. For the purpose of this Section, the term "weapon" means (1) possession, use, control, or transfer of any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18, United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Act, or use of a weapon as defined in Section 24-1 of the Criminal Code, (2) any other object if used or attempted to be used to cause bodily harm, including but not limited to, knives, brass knuckles, or billy clubs, or (3) "look alikes" of any weapon as defined in this Section. Expulsion or suspension shall be construed in a manner consistent with the Federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code. The provisions of this subsection (d) apply in all school districts, including special charter districts and districts organized under Article 34.

(e) To maintain order and security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has violated or is violating either the law, local ordinance, or the school's policies or rules, such evidence may be seized by school authorities, and disciplinary action may be taken. School authorities may also turn over such evidence to law enforcement authorities. The provisions of this subsection (e) apply in all school districts, including special charter districts and districts organized under Article 34.

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

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. A school district that adopts such a policy must include a provision allowing for consideration of a student's status as a parent, expectant parent, or victim of domestic or sexual violence as a mitigating factor in reviews during the disciplinary period and exempting on a case-by-case basis those students whose status as a parent, expectant parent, or victim of domestic or sexual violence is a factor in the behavior that gives rise to the suspension or expulsion. This policy may allow placement of the student in an alternative school program established under Article 13A of this Code, if available, for the remainder of the suspension or expulsion. This subsection (g) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(h) For the purposes of this subsection (h) and subsections (c-5), (g), (i), and (j) of this Section:

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Expectant parent" means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child by seeking services for teen parents and who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Parent" means a person who is a custodial parent or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet graduated from secondary school as provided in Section 22-22 of this Code, unless the context otherwise requires.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" or "pupil" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

(i) If a pupil is faced with either (i) suspension from school due to gross disobedience or misconduct or suspension from riding a school bus due to gross disobedience or misconduct on the school bus as provided in this Section or (ii) expulsion due to gross disobedience or misconduct as provided in this Section and if there is a relationship between the behavior that gives rise to the suspension or expulsion proceedings and the pupil's status as a parent, expectant parent, or victim of domestic or sexual violence, then the suspension or expulsion requirement may be modified by the district superintendent on a case-by-case basis. This subsection (i) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(j) A school district may require a youth to provide verification that he or she is or has been a victim of domestic or sexual violence only when a youth asserts rights under this Section on the basis of domestic or sexual violence. Any one of the following is acceptable verification of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim.

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

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

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

(5) Any other evidence, such as physical evidence of violence, that supports the claim. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence must not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator. This subsection (j) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(Source: P.A. 92-64, eff. 7-12-01.)

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

Sec. 10-22.6a. To provide by home instruction, correspondence courses or otherwise courses of instruction for pupils who are unable to attend school because of pregnancy or pregnancy-related conditions, the fulfillment of parenting obligations related to the health of the pupil's child, or health complications and safety concerns arising from domestic or sexual violence. Such instruction shall be provided to the pupil (1) before the birth of the child when the pupil's health care provider physician has indicated to the district, in writing, that the pupil is medically unable to attend regular classroom instruction, and (2) for up to 3 months following the birth of the child or a miscarriage, (3) to care for the pupil's ill child when the child's health care provider has indicated to the district, in writing, that the pupil's child has a serious health condition, that the pupil is needed to provide care to this child, and that alternative care for the child is unavailable, or (4) to treat physical or mental health complications or address safety concerns arising from domestic or sexual violence when the pupil's domestic or sexual violence organization or health care provider has indicated to the district, in writing, that such care is needed and will cause an absence for 2 or more consecutive weeks of school.

The instruction course shall be designed to offer educational experiences that are equivalent to those given to pupils at the same grade level in the district and that are designed to enable the pupil to return to the classroom.

Notwithstanding any other law to the contrary, if a pupil is unable to attend regular classes because of the reasons set forth in this Section and if the pupil has participated in instruction under this Section that is administered by the school district, then the pupil must not be penalized for grading purposes nor be denied course completion, grade level advancement, or graduation solely on the basis of the pupil's absence from the regular education program during the period of this instruction.

A school district may require a youth to provide verification that he or she is or has been a victim of domestic or sexual violence only when a youth asserts rights under this Section on the basis of domestic or sexual violence. Any one of the following is acceptable verification of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim.

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

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

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

(5) Any other evidence, such as physical evidence of violence, that supports the claim. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence must not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator.

In this Section:

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" or "pupil" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

(Source: P.A. 84-1430.)

(105 ILCS 5/10-22.39) (from Ch. 122, par. 10-22.39)

Sec. 10-22.39. In-service training programs.

(a) To conduct in-service training programs for teachers.

(b) In addition to other topics at in-service training such programs, school guidance counselors, teachers and other school personnel who work with pupils in grades 7 through 12 shall be trained to identify the warning signs of suicidal behavior in adolescents and teens and shall be taught appropriate intervention and referral techniques.

(c) School guidance counselors, nurses, teachers and other school personnel who work with pupils may be trained to have a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS), including the nature of the disease, its causes and effects, the means of detecting it and preventing its transmission, and the availability of appropriate sources of counseling and referral, and any other information that may be appropriate considering the age and grade level of such pupils. The School Board shall supervise such training. The State Board of Education and the Department of Public Health shall jointly develop standards for such training.

(d) In this subsection (d):

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Expectant parent" means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child by seeking services for teen parents and who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Parent" means a person who is a custodial parent or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet graduated from secondary school as provided in Section 22-22 of this Code, unless the context otherwise requires.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" or "pupil" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

At least once every 2 years, an in-service training program for school personnel who work with pupils, including, but not limited to, school and school district administrators, teachers, school guidance counselors, school social workers, school counselors, school psychologists, and school nurses, must be conducted by persons with expertise in domestic and sexual violence and the needs of expectant and parenting youth and shall include training concerning (i) communicating with and listening to youth victims of domestic or sexual violence and expectant and parenting youth, (ii) connecting youth victims of domestic or sexual violence and expectant and parenting youth to appropriate in-school services and other agencies, programs, and services as needed, and (iii) implementing the school district's policies, procedures, and protocols with regard to such youth, including confidentiality. At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.

(Source: P.A. 86-900.)

(105 ILCS 5/13A-11)

Sec. 13A-11. Chicago public schools.

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

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

(1) Student civil rights;

(2) Staff civil rights;

(3) Health and safety;

(4) Performance and financial audits;

(5) The Illinois Goals Assessment Program;

(6) Chicago learning outcomes;

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

(8) The Inspector General; and

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

(10) Students who are parents, expectant parents, or victims of domestic or sexual violence.

(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)

(105 ILCS 5/Art. 13C heading new)

ARTICLE 13C. ENSURING SUCCESS IN SCHOOL

(105 ILCS 5/13C-1 new)

Sec. 13C-1. Short title. This Article may be cited as the Ensuring Success in School Law.

(105 ILCS 5/13C-5 new)

Sec. 13C-5. Purpose. The General Assembly, mindful that children are our most precious resource, that the demands and needs of adolescence make it a critical stage for educational development in children, and that well-educated youth are a critical component of a skilled and productive workforce, declares that the following are the purposes of this Law:

(1) To ensure that youth who are parents, expectant parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety; treated with dignity and regard; and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma.

(2) To ensure that Illinois school-level staff and policymakers understand and are sensitive to the needs and characteristics of such youth, while recognizing and honoring the role they will play and the choices they will make in ensuring their own success in school and beyond.

(3) To afford protections in a school setting to a population of youth who have historically been stigmatized and discriminated against.

(4) To promote best practices in Illinois' schools for the fulfillment of the constitutional goal of the "educational development of all persons to the limits of their capacities".

(105 ILCS 5/13C-10 new)

Sec. 13C-10. Legislative findings. The General Assembly finds and declares all of the following:

(1) Youth, due to early pregnancy, childbearing, parenting, or the experience of domestic or sexual violence, experience significant educational losses leading to a lifelong loss of schooling.

(2) Almost 60% of youth with a school-age pregnancy drop out between 8th and 12th grade.

(3) This issue is of particular concern in Illinois, where in 2004 almost 10% of Illinois births were to teen mothers.

(4) More than 60% of young women who become pregnant as youths have been sexually or physically abused at some point in their lives.

(5) Over 60% of forcible rapes occur before the victim is 18 years old.

(6) In 2001, 8.1% of Illinois students reported being a victim of dating violence and 5.6% reported having been sexually assaulted.

(7) Lifelong loss of schooling has a significant impact on one's ability to attain economic success and stability later in life.

(105 ILCS 5/13C-15 new)

Sec. 13C-15. Definitions. In this Article:

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Expectant parent" means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child by seeking services for teen parents and who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Parent" means a person who is a custodial parent or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet graduated from secondary school as provided in Section 22-22 of this Code, unless the context otherwise requires.

"Perpetrator" means an individual who commits or is alleged to have committed any act or threat of domestic or sexual violence.

"School" means without limitation (i) a public or State-operated elementary or secondary school; (ii) a school operated pursuant to an agreement with a public school district, including a cooperative or joint agreement with a governing body or board of control; (iii) a charter school operating in compliance with the Charter Schools Law; (iv) a school operated under Section 13A-3 of this Code; (v) an alternative school operated by third parties within the City of Chicago under Section 13A-11 of this Code; (vi) an alternative learning opportunities program operated under Section 13B of this Code; or (vii) a public school administered by a local public agency or the Department of Human Services operating pursuant to the authority of this Code.

"School district" means any public entity responsible for administering schools, including districts subject to Article 34 of this Code, and includes other entities responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, and the Department of Human Services.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

(105 ILCS 5/13C-20 new)

Sec. 13C-20. Confidentiality. School districts shall adopt and implement a policy and protocol to ensure that all information concerning a youth's status as a parent, expectant parent, or victim of domestic or sexual violence provided to the school or school district or its employees or agents pursuant to this Code or otherwise, including a statement of the youth or any other documentation, record, or corroborating evidence, and the fact that the youth has requested or obtained assistance, accommodations, or services pursuant to this Code shall be retained in the strictest confidence by the school or school district and its employees and agents, except to the extent that disclosure is (i) requested or consented to in writing by the youth or the youth's parent or guardian, if it is safe to obtain written consent of the youth's parent or guardian, or (ii) otherwise required by applicable federal or State law. School districts shall take all actions necessary to comply with this Section no later than July 1, 2008.

(105 ILCS 5/13C-25 new)

Sec. 13C-25. Right to attend school. Youth who are parents, expectant parents, or victims of domestic or sexual violence have the right to attend school and receive the same or equivalent educational instruction as other youth. No such youth shall be deprived of or denied the opportunity to participate in or complete an elementary and secondary public school education because of his or her status as a parent, expectant parent, or victim of domestic or sexual violence.

Written notice of the right to attend school and all of the provisions under this Code about youth who are parents, expectant parents, or victims of domestic or sexual violence and all current school and school district policies about youth who are parents, expectant parents, or victims of domestic or sexual violence must be provided by each school district in the form of policy manuals, employee and student handbooks, or other written documentation. The written notice must be distributed to all students, parents and guardians of students, and school personnel at the beginning of each school year. In addition, the notice must be distributed to individual youth (i) at the time of transfer or withdrawal from school; (ii) at the time the school learns of the youth's status as a parent, expectant parent, or victim of domestic or sexual violence; and (iii) at the time of any adverse action, including, but not limited to, disenrollment, suspension, or expulsion. The written notice must be available on request at no charge.

(105 ILCS 5/13C-30 new)

Sec. 13C-30. Review and revision of policies. School districts shall review all existing policies to determine which ones may act as a barrier to the enrollment, reenrollment, attendance, and success in school of any youth who is a parent, expectant parent, or victim of domestic or sexual violence and shall revise those policies so that they no longer act as a barrier to the enrollment, reenrollment, attendance, and success in school of any youth who is a parent, expectant parent, or victim of domestic or sexual violence. School districts shall adopt new policies, as needed, to implement the provisions of this Code about students who are parents, expectant parents, or victims of domestic or sexual violence. School districts shall confer with persons with expertise in youth who are parents or expectant parents and persons with expertise in domestic and sexual violence, including domestic and sexual violence organizations, in the review and revision of existing policies and the adoption of new policies, including those related to confidentiality. School districts shall take all actions necessary to comply with this Section no later than July 1, 2008 and no later than July 1 every 2 years thereafter.

(105 ILCS 5/13C-35 new)

Sec. 13C-35. Specially trained personnel.

(a) Each school district shall employ at least one staff person who is a school social worker, psychologist, counselor, or nurse and who is also trained to address in a confidential and sensitive manner the needs of youth who are parents, expectant parents, or victims of domestic or sexual violence. Such staff shall be named "specially trained personnel". School districts with more than 10,000 students shall employ at least one additional staff person who is either a school social worker, psychologist, counselor, or nurse and who is trained to address in a confidential and sensitive manner the needs of youth who are parents, expectant parents, or victims of domestic or sexual violence for every additional 10,000 students. Such additional staff shall also be named "specially trained personnel". Specially trained personnel are responsible for, but not limited to, all of the following activities:

(1) Communicating with and listening to such youth who are parents, expectant parents, or victims of domestic or sexual violence.

(2) Connecting such youth to appropriate in-school services and other agencies, programs, and services, as needed.

(3) Coordinating and monitoring the implementation of the school district's policy, procedures, and protocols in cases involving student allegations of domestic or sexual violence.

(4) Coordinating and monitoring the implementation of the school district's policy, procedures, and protocols as set forth in provisions of this Code about students who are parents, expectant parents, or victims of domestic or sexual violence.

(5) Assisting such youth in their efforts to exercise and preserve their rights set forth in provisions of this Code about students who are parents, expectant parents, or victims of domestic or sexual violence.

(6) Assisting in providing staff development to establish a positive and sensitive learning environment for such youth.

(b) At a minimum, specially trained personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence, including theories and dynamics of domestic and sexual violence, the necessity for confidentiality and the law, policy, procedures, and protocols implementing confidentiality, and the notification of such youth's parent or guardian regarding the youth's status as a parent, expectant parent, or victim of domestic or sexual violence or the enforcement of such youth's rights under this Code when notice of the youth's status or the involvement of the youth's parent or guardian may put the health or safety of the youth at risk.

(c) School districts shall train all specially trained personnel, and such personnel shall assist in implementing the duties described in this Section no later than April 1, 2008, except in those school districts where there exists a collective bargaining agreement on the effective date of this amendatory Act of the 95th General Assembly and where implementation of this Section on or before April 1, 2008 would be a violation of that collective bargaining agreement. In the event that implementation of some activities required under this Section is prevented by an existing collective bargaining agreement, the school district must comply with this Section to the fullest extent allowed by the existing collective bargaining agreement no later than April 1, 2008. In those instances where a collective bargaining agreement, which either fully or partially prevents full implementation of this Section, expires after April 1, 2008, the school district shall train all specially trained personnel who shall implement the duties described in this Section no later than the effective date of the new collective bargaining agreement that immediately succeeds the collective bargaining agreement in effect on the effective date of this amendatory Act of the 95th General Assembly.

(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)

Sec. 14-8.02. Identification, Evaluation and Placement of Children.

(a) The State Board of Education shall make rules under which local school boards shall determine the eligibility of children to receive special education. Such rules shall ensure that a free appropriate public education be available to all children with disabilities as defined in Section 14-1.02. The State Board of Education shall require local school districts to administer non-discriminatory procedures or tests to limited English proficiency students coming from homes in which a language other than English is used to determine their eligibility to receive special education. The placement of low English proficiency students in special education programs and facilities shall be made in accordance with the test results reflecting the student's linguistic, cultural and special education needs. For purposes of determining the eligibility of children the State Board of Education shall include in the rules definitions of "case study", "staff conference", "individualized educational program", and "qualified specialist" appropriate to each category of children with disabilities as defined in this Article. For purposes of determining the eligibility of children from homes in which a language other than English is used, the State Board of Education shall include in the rules definitions for "qualified bilingual specialists" and "linguistically and culturally appropriate individualized educational programs". For purposes of this Section, as well as Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code, "parent" means a parent as defined in the federal Individuals with Disabilities Education Act (20 U.S.C. 1401(23)).

(b) No child shall be eligible for special education facilities except with a carefully completed case study fully reviewed by professional personnel in a multidisciplinary staff conference and only upon the recommendation of qualified specialists or a qualified bilingual specialist, if available. At the conclusion of the multidisciplinary staff conference, the parent of the child shall be given a copy of the multidisciplinary conference summary report and recommendations, which includes options considered, and be informed of their right to obtain an independent educational evaluation if they disagree with the evaluation findings conducted or obtained by the school district. If the school district's evaluation is shown to be inappropriate, the school district shall reimburse the parent for the cost of the independent evaluation. The State Board of Education shall, with advice from the State Advisory Council on Education of Children with Disabilities on the inclusion of specific independent educational evaluators, prepare a list of suggested independent educational evaluators. The State Board of Education shall include on the list clinical psychologists licensed pursuant to the Clinical Psychologist Licensing Act. Such psychologists shall not be paid fees in excess of the amount that would be received by a school psychologist for performing the same services. The State Board of Education shall supply school districts with such list and make the list available to parents at their request. School districts shall make the list available to parents at the time they are informed of their right to obtain an independent educational evaluation. However, the school district may initiate an impartial due process hearing under this Section within 5 days of any written parent request for an independent educational evaluation to show that its evaluation is appropriate. If the final decision is that the evaluation is appropriate, the parent still has a right to an independent educational evaluation, but not at public expense. An independent educational evaluation at public expense must be completed within 30 days of a parent written request unless the school district initiates an impartial due process hearing or the parent or school district offers reasonable grounds to show that such 30 day time period should be extended. If the due process hearing decision indicates that the parent is entitled to an independent educational evaluation, it must be completed within 30 days of the decision unless the parent or the school district offers reasonable grounds to show that such 30 day period should be extended. If a parent disagrees with the summary report or recommendations of the multidisciplinary conference or the findings of any educational evaluation which results therefrom, the school district shall not proceed with a placement based upon such evaluation and the child shall remain in his or her regular classroom setting. No child shall be eligible for admission to a special class for the educable mentally disabled or for the trainable mentally disabled except with a psychological evaluation and recommendation by a school psychologist. Consent shall be obtained from the parent of a child before any evaluation is conducted. If consent is not given by the parent or if the parent disagrees with the findings of the evaluation, then the school district may initiate an impartial due process hearing under this Section. The school district may evaluate the child if that is the decision resulting from the impartial due process hearing and the decision is not appealed or if the decision is affirmed on appeal. The determination of eligibility shall be made and the IEP meeting shall be completed within 60 school days from the date of written parental consent. In those instances when written parental consent is obtained with fewer than 60 pupil attendance days left in the school year, the eligibility determination shall be made and the IEP meeting shall be completed prior to the first day of the following school year. After a child has been determined to be eligible for a special education class, such child must be placed in the appropriate program pursuant to the individualized educational program by or no later than the beginning of the next school semester. The appropriate program pursuant to the individualized educational program of students whose native tongue is a language other than English shall reflect the special education, cultural and linguistic needs. No later than September 1, 1993, the State Board of Education shall establish standards for the development, implementation and monitoring of appropriate bilingual special individualized educational programs. The State Board of Education shall further incorporate appropriate monitoring procedures to verify implementation of these standards. The district shall indicate to the parent and the State Board of Education the nature of the services the child will receive for the regular school term while waiting placement in the appropriate special education class.

If the child is deaf, hard of hearing, blind, or visually impaired and he or she might be eligible to receive services from the Illinois School for the Deaf or the Illinois School for the Visually Impaired, the school district shall notify the parents, in writing, of the existence of these schools and the services they provide and shall make a reasonable effort to inform the parents of the existence of other, local schools that provide similar services and the services that these other schools provide. This notification shall include without limitation information on school services, school admissions criteria, and school contact information.

If the student may be eligible to participate in the Home-Based Support Services Program for Mentally Disabled Adults authorized under the Developmental Disability and Mental Disability Services Act upon becoming an adult, the student's individualized education program shall include plans for (i) determining the student's eligibility for those home-based services, (ii) enrolling the student in the program of home-based services, and (iii) developing a plan for the student's most effective use of the home-based services after the student becomes an adult and no longer receives special educational services under this Article. The plans developed under this paragraph shall include specific actions to be taken by specified individuals, agencies, or officials.

(c) In the development of the individualized education program for a student who is functionally blind, it shall be presumed that proficiency in Braille reading and writing is essential for the student's satisfactory educational progress. For purposes of this subsection, the State Board of Education shall determine the criteria for a student to be classified as functionally blind. Students who are not currently identified as functionally blind who are also entitled to Braille instruction include: (i) those whose vision loss is so severe that they are unable to read and write at a level comparable to their peers solely through the use of vision, and (ii) those who show evidence of progressive vision loss that may result in functional blindness. Each student who is functionally blind shall be entitled to Braille reading and writing instruction that is sufficient to enable the student to communicate with the same level of proficiency as other students of comparable ability. Instruction should be provided to the extent that the student is physically and cognitively able to use Braille. Braille instruction may be used in combination with other special education services appropriate to the student's educational needs. The assessment of each student who is functionally blind for the purpose of developing the student's individualized education program shall include documentation of the student's strengths and weaknesses in Braille skills. Each person assisting in the development of the individualized education program for a student who is functionally blind shall receive information describing the benefits of Braille instruction. The individualized education program for each student who is functionally blind shall specify the appropriate learning medium or media based on the assessment report.

(c-5) In this subsection (c-5):

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Expectant parent" means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child by seeking services for teen parents and who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Parent" means a person who is a custodial parent or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet graduated from secondary school as provided in Section 22-22 of this Code, unless the context otherwise requires.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

In the development of the individualized education program for a student who is also a parent, expectant parent, or victim of domestic or sexual violence, any appropriate accommodations or services for that student in connection with these circumstances, with the exception of information that is confidential under applicable privacy laws, must be included as part of the student's individualized education program.

A school district may require a youth to provide verification that he or she is or has been a victim of domestic or sexual violence only when the youth asserts rights under this subsection (c-5) on the basis of domestic or sexual violence. Any one of the following is acceptable verification of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim.

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

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

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

(5) Any other evidence, such as physical evidence of violence, that supports the claim. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence must not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator.

(d) To the maximum extent appropriate, the placement shall provide the child with the opportunity to be educated with children who are not disabled; provided that children with disabilities who are recommended to be placed into regular education classrooms are provided with supplementary services to assist the children with disabilities to benefit from the regular classroom instruction and are included on the teacher's regular education class register. Subject to the limitation of the preceding sentence, placement in special classes, separate schools or other removal of the disabled child from the regular educational environment shall occur only when the nature of the severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. The placement of limited English proficiency students with disabilities shall be in non-restrictive environments which provide for integration with non-disabled peers in bilingual classrooms. Annually, each January, school districts shall report data on students from non-English speaking backgrounds receiving special education and related services in public and private facilities as prescribed in Section 2-3.30. If there is a disagreement between parties involved regarding the special education placement of any child, either in-state or out-of-state, the placement is subject to impartial due process procedures described in Article 10 of the Rules and Regulations to Govern the Administration and Operation of Special Education.

(e) No child who comes from a home in which a language other than English is the principal language used may be assigned to any class or program under this Article until he has been given, in the principal language used by the child and used in his home, tests reasonably related to his cultural environment. All testing and evaluation materials and procedures utilized for evaluation and placement shall not be linguistically, racially or culturally discriminatory.

(f) Nothing in this Article shall be construed to require any child to undergo any physical examination or medical treatment whose parents object thereto on the grounds that such examination or treatment conflicts with his religious beliefs.

(g) School boards or their designee shall provide to the parents of a child prior written notice of any decision (a) proposing to initiate or change, or (b) refusing to initiate or change, the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to their child, and the reasons therefor. Such written notification shall also inform the parent of the opportunity to present complaints with respect to any matter relating to the educational placement of the student, or the provision of a free appropriate public education and to have an impartial due process hearing on the complaint. The notice shall inform the parents in the parents' native language, unless it is clearly not feasible to do so, of their rights and all procedures available pursuant to this Act and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446); it shall be the responsibility of the State Superintendent to develop uniform notices setting forth the procedures available under this Act and the federal Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446) to be used by all school boards. The notice shall also inform the parents of the availability upon request of a list of free or low-cost legal and other relevant services available locally to assist parents in initiating an impartial due process hearing. Any parent who is deaf, or does not normally communicate using spoken English, who participates in a meeting with a representative of a local educational agency for the purposes of developing an individualized educational program shall be entitled to the services of an interpreter.

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(Source: P.A. 93-282, eff. 7-22-03; 94-376, eff. 7-29-05; 94-1100, eff. 2-2-07.)

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

Sec. 26-2a. A "truant" is defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.

"Valid cause" for absence shall be illness, attendance at pregnancy-related medical appointments, observance of a religious holiday, death in the immediate family, family emergency, and fulfillment of the student's parenting responsibilities (including, but not limited to, arranging child care, caring for the student's sick child, and attending medical appointments for the student's child) and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent or the student for the safety or health of the student, such as addressing circumstances resulting from domestic or sexual violence.

"Chronic or habitual truant" shall be defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for 10% or more of the previous 180 regular attendance days.

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

A "dropout" is defined as any child enrolled in grades 1 through 12 whose name has been removed from the district enrollment roster for any reason other than his death, extended illness, graduation or completion of a program of studies and who has not transferred to another public or private school.

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

A school district may require a youth to provide verification that he or she is or has been a victim of domestic or sexual violence only when a youth asserts rights under this Section on the basis of domestic or sexual violence. Any one of the following is acceptable verification of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim.

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

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

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

(5) Any other evidence, such as physical evidence of violence, that supports the claim. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence must not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator.

In this Section:

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

(Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)

(105 ILCS 5/27A-5)

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

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

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

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

(d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois.

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

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school.

(g) A charter school shall comply with all provisions of this Article and its charter. A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:

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

(2) Sections 24-24 and 34-84A of the School Code regarding discipline of students;

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

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

(5) The Abused and Neglected Child Reporting Act;

(6) The Illinois School Student Records Act; and

(7) Section 10-17a of the School Code regarding school report cards; and .

(8) Provisions about students who are parents, expectant parents, or victims of domestic or sexual violence.

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

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

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

(Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, eff. 7-14-05.)

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.