HB2213sam001 98TH GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/27/2013

09800HB2213sam001 LRB098 07459 NHT 46403 a

AMENDMENT TO HOUSE BILL 2213

AMENDMENT NO. ______. Amend House Bill 2213 as follows:

on page 3, by replacing line 5 with the following:

"school-sponsored event. Children and youth under the age of 17 years cannot consent to many of the acts that constitute domestic or sexual violence under federal and State law. For all other youth or acts, consent to an act that may constitute"; and

on page 4, immediately below line 5, by inserting the following: "A written statement under item (1) of this definition and all forms of verification in items (2) through (5) of this definition must be placed in a temporary file."; and

on page 12, line 3, after "safety.", by inserting "A transfer within a school district must be considered before a transfer into a different school district."; and

on page 12, line 9, after "full", by inserting "and immediate"; and

on page 12, line 11, after "transferred.", by inserting "For the purpose of transfers under this subsection (c) as it relates to a student who is a victim of domestic or sexual violence, the school districts approving a transfer (whether for a transfer within a school district or a transfer into a different school district) may require additional verification of a child's or youth's claim of domestic or sexual violence, as is required under the definition of "domestic or sexual violence" in subsection (b) of Section 1-3 of this Code, as follows: a statement as described in item (1) of that definition and the student's choice of any one of the documents or evidence listed in items (2) through (5) of that definition. Additional verification must not be required for the student to remain at the school the student transferred to if the initial request for a transfer is related to the same perpetrator or same incident of domestic or sexual violence."; and

on page 15, line 11, after "suspension.", by inserting "The school, the school district, or the State Board of Education is not required to provide an advocate or representative for the student under this subsection (b-5)."; and

on page 21, lines 1 and 2, by replacing "health care provider physician" with "physician"; and

on page 21, line 4, by replacing ", and" with "and"; and

on page 21, by replacing lines 5 through 16 with the following: "the child or a miscarriage. Such instruction must also be provided (i) if the pupil is unable to attend regular classroom instruction in order to care for the pupil's ill child if the pupil is needed to provide care to this child, the pupil can attest that alternative care for the child that is adequate and affordable is unavailable, and a physician has indicated, in writing, that the pupil's child has a serious health condition and what the anticipated duration of the health condition is and (ii) to treat physical or mental health conditions or address safety concerns arising from domestic or sexual violence when a health care provider (a physician, nurse, psychiatrist, psychologist, social worker, or a clinical licensed therapist) or a domestic or sexual violence organization has indicated to the school or school district, in writing, that such care is needed and will cause an absence for 2 or more consecutive weeks of school. Instruction provided for pupils under clauses (i) and (ii) of this Section meets the criteria for and shall be reimbursed by this State under Section 14-13.01 of this Code."; and

on page 24, by replacing line 6 with the following: "to any individual, including employees without a current demonstrable educational or administrative interest, except"; and

on page 24, line 11, after "law", by inserting ", including the Abused and Neglected Child Reporting Act, and federal and State laws and professional ethics policies that govern the professional school personnel"; and

on page 24, line 18, after "guardian", by inserting ", except as otherwise required by applicable federal or State law, including the Abused and Neglected Child Reporting Act, and federal and State laws and professional ethics policies that govern the professional school personnel"; and

on page 25, by replacing line 20 with the following: "social worker, school psychologist, school counselor, school nurse, or school"; and

by replacing line 25 on page 25 through line 11 on page 27 with the following:

"Such designated or appointed staff who serve as an ombudsperson have responsibilities that shall include coordinating and monitoring the implementation of the school and school district's policies, procedures, and protocols concerning students who are parents, expectant parents, or victims of domestic or sexual violence and assisting such youth in their efforts to exercise and preserve their rights as set forth in provisions of this Code concerning students who are parents, expectant parents, or victims of domestic or sexual violence.

(b) Designated or appointed staff who serve as an ombudsperson shall, at a minimum, have participated in and completed an in-service training program"; and

on page 31, line 12, by replacing "specially trained personnel" with "ombudsperson"; and

on page 42, line 2, after "safety.", by inserting "A transfer within a school district must be considered before a transfer into a different school district."; and

on page 42, line 7, after "full", by inserting "and immediate"; and

on page 42, line 10, after "transferred.", by inserting "For the purpose of transfers under this subsection (c) as it relates to a student who is a victim of domestic or sexual violence, the school districts approving a transfer (whether for a transfer within a school district or a transfer into a different school district) may require additional verification of a child's or youth's claim of domestic or sexual violence, as is required under the definition of "domestic or sexual violence" in subsection (b) of Section 1-3 of this Code, as follows: a statement as described in item (1) of that definition and the student's choice of any one of the documents or evidence listed in items (2) through (5) of that definition. Additional verification must not be required for the student to remain at the school the student transferred to if the initial request for a transfer is related to the same perpetrator or same incident of domestic or sexual violence."; and

on page 43, line 18, after "record.", by inserting "Exceptions to such nondisclosure is permitted for employees with a current, demonstrable, educational or administrative interest or if disclosure is otherwise required by applicable federal or State law, including the Abused and Neglected Child Reporting Act, and federal and State laws and professional ethics policies that govern the professional school personnel.".