Sen. Kimberly A. Lightford

Filed: 3/18/2019

 

 


 

 


 
10100SB0449sam001LRB101 04210 AXK 57991 a

1
AMENDMENT TO SENATE BILL 449

2    AMENDMENT NO. ______. Amend Senate Bill 449 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
634-18.24 and by adding Article 26A as follows:
 
7    (105 ILCS 5/10-21.3a)
8    Sec. 10-21.3a. Transfer of students.
9    (a) Each school board shall establish and implement a
10policy governing the transfer of a student from one attendance
11center to another within the school district upon the request
12of the student's parent or guardian. A student may not transfer
13to any of the following attendance centers, except by change in
14residence if the policy authorizes enrollment based on
15residence in an attendance area or unless approved by the board
16on an individual basis:

 

 

10100SB0449sam001- 2 -LRB101 04210 AXK 57991 a

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

 

 

10100SB0449sam001- 3 -LRB101 04210 AXK 57991 a

1of Crime Victims and Witnesses Act. The violent crime must have
2occurred on school grounds during regular school hours or
3during a school-sponsored event.
4    (d) (Blank).
5    (e) Notwithstanding any other provision of this Code, a
6student who is a victim of gender-based violence, as defined in
7Article 26A, must be permitted to transfer schools immediately
8and as needed, including to a school in another school
9district, if the student's continued attendance at a particular
10attendance center, school facility, or school location poses a
11risk to the student's mental or physical well-being or safety.
12A transfer under this subsection within the student's current
13school district must be considered before a transfer into a
14different school district. A school district must waive tuition
15for a student who transfers under this subsection to the school
16district and is a nonresident. A student who transfers to
17another school under this subsection due to gender-based
18violence must have full and immediate access to extracurricular
19activities and any programs or activities offered by or under
20the auspices of the school to which the student has
21transferred. No adverse or prejudicial effects may result to
22any student who is a victim of gender-based violence because of
23the student availing himself or herself of or declining the
24provisions of this subsection.
25(Source: P.A. 100-1046, eff. 8-23-18.)
 

 

 

10100SB0449sam001- 4 -LRB101 04210 AXK 57991 a

1    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
2    Sec. 10-22.6. Suspension or expulsion of pupils; school
3searches.
4    (a) To expel pupils guilty of gross disobedience or
5misconduct, including gross disobedience or misconduct
6perpetuated by electronic means, pursuant to subsection (b-20)
7of this Section, and no action shall lie against them for such
8expulsion. Expulsion shall take place only after the parents
9have been requested to appear at a meeting of the board, or
10with a hearing officer appointed by it, to discuss their
11child's behavior. Such request shall be made by registered or
12certified mail and shall state the time, place and purpose of
13the meeting. The board, or a hearing officer appointed by it,
14at such meeting shall state the reasons for dismissal and the
15date on which the expulsion is to become effective. If a
16hearing officer is appointed by the board, he shall report to
17the board a written summary of the evidence heard at the
18meeting and the board may take such action thereon as it finds
19appropriate. If the board acts to expel a pupil, the written
20expulsion decision shall detail the specific reasons why
21removing the pupil from the learning environment is in the best
22interest of the school. The expulsion decision shall also
23include a rationale as to the specific duration of the
24expulsion. An expelled pupil may be immediately transferred to
25an alternative program in the manner provided in Article 13A or
2613B of this Code. A pupil must not be denied transfer because

 

 

10100SB0449sam001- 5 -LRB101 04210 AXK 57991 a

1of the expulsion, except in cases in which such transfer is
2deemed to cause a threat to the safety of students or staff in
3the alternative program.
4    (b) To suspend or by policy to authorize the superintendent
5of the district or the principal, assistant principal, or dean
6of students of any school to suspend pupils guilty of gross
7disobedience or misconduct, or to suspend pupils guilty of
8gross disobedience or misconduct on the school bus from riding
9the school bus, pursuant to subsections (b-15) and (b-20) of
10this Section, and no action shall lie against them for such
11suspension. The board may by policy authorize the
12superintendent of the district or the principal, assistant
13principal, or dean of students of any school to suspend pupils
14guilty of such acts for a period not to exceed 10 school days.
15If a pupil is suspended due to gross disobedience or misconduct
16on a school bus, the board may suspend the pupil in excess of
1710 school days for safety reasons.
18    Any suspension shall be reported immediately to the parents
19or guardian of a pupil along with a full statement of the
20reasons for such suspension and a notice of their right to a
21review. The school board must be given a summary of the notice,
22including the reason for the suspension and the suspension
23length. Upon request of the parents or guardian, the school
24board or a hearing officer appointed by it shall review such
25action of the superintendent or principal, assistant
26principal, or dean of students. At such review, the parents or

 

 

10100SB0449sam001- 6 -LRB101 04210 AXK 57991 a

1guardian of the pupil may appear and discuss the suspension
2with the board or its hearing officer. If a hearing officer is
3appointed by the board, he shall report to the board a written
4summary of the evidence heard at the meeting. After its hearing
5or upon receipt of the written report of its hearing officer,
6the board may take such action as it finds appropriate. If a
7student is suspended pursuant to this subsection (b), the board
8shall, in the written suspension decision, detail the specific
9act of gross disobedience or misconduct resulting in the
10decision to suspend. The suspension decision shall also include
11a rationale as to the specific duration of the suspension. A
12pupil who is suspended in excess of 20 school days may be
13immediately transferred to an alternative program in the manner
14provided in Article 13A or 13B of this Code. A pupil must not
15be denied transfer because of the suspension, except in cases
16in which such transfer is deemed to cause a threat to the
17safety of students or staff in the alternative program.
18    (b-5) Among the many possible disciplinary interventions
19and consequences available to school officials, school
20exclusions, such as out-of-school suspensions and expulsions,
21are the most serious. School officials shall limit the number
22and duration of expulsions and suspensions to the greatest
23extent practicable, and it is recommended that they use them
24only for legitimate educational purposes. To ensure that
25students are not excluded from school unnecessarily, it is
26recommended that school officials consider forms of

 

 

10100SB0449sam001- 7 -LRB101 04210 AXK 57991 a

1non-exclusionary discipline prior to using out-of-school
2suspensions or expulsions.
3    (b-10) Unless otherwise required by federal law or this
4Code, school boards may not institute zero-tolerance policies
5by which school administrators are required to suspend or expel
6students for particular behaviors.
7    (b-15) Out-of-school suspensions of 3 days or less may be
8used only if the student's continuing presence in school would
9pose a threat to school safety or a disruption to other
10students' learning opportunities. For purposes of this
11subsection (b-15), "threat to school safety or a disruption to
12other students' learning opportunities" shall be determined on
13a case-by-case basis by the school board or its designee.
14School officials shall make all reasonable efforts to resolve
15such threats, address such disruptions, and minimize the length
16of suspensions to the greatest extent practicable.
17    (b-20) Unless otherwise required by this Code,
18out-of-school suspensions of longer than 3 days, expulsions,
19and disciplinary removals to alternative schools may be used
20only if other appropriate and available behavioral and
21disciplinary interventions have been exhausted and the
22student's continuing presence in school would either (i) pose a
23threat to the safety of other students, staff, or members of
24the school community or (ii) substantially disrupt, impede, or
25interfere with the operation of the school. For purposes of
26this subsection (b-20), "threat to the safety of other

 

 

10100SB0449sam001- 8 -LRB101 04210 AXK 57991 a

1students, staff, or members of the school community" and
2"substantially disrupt, impede, or interfere with the
3operation of the school" shall be determined on a case-by-case
4basis by school officials. For purposes of this subsection
5(b-20), the determination of whether "appropriate and
6available behavioral and disciplinary interventions have been
7exhausted" shall be made by school officials. School officials
8shall make all reasonable efforts to resolve such threats,
9address such disruptions, and minimize the length of student
10exclusions to the greatest extent practicable. Within the
11suspension decision described in subsection (b) of this Section
12or the expulsion decision described in subsection (a) of this
13Section, it shall be documented whether other interventions
14were attempted or whether it was determined that there were no
15other appropriate and available interventions.
16    (b-25) Students who are suspended out-of-school for longer
17than 4 school days shall be provided appropriate and available
18support services during the period of their suspension. For
19purposes of this subsection (b-25), "appropriate and available
20support services" shall be determined by school authorities.
21Within the suspension decision described in subsection (b) of
22this Section, it shall be documented whether such services are
23to be provided or whether it was determined that there are no
24such appropriate and available services.
25    A school district may refer students who are expelled to
26appropriate and available support services.

 

 

10100SB0449sam001- 9 -LRB101 04210 AXK 57991 a

1    A school district shall create a policy to facilitate the
2re-engagement of students who are suspended out-of-school,
3expelled, or returning from an alternative school setting.
4    (b-30) A school district shall create a policy by which
5suspended pupils, including those pupils suspended from the
6school bus who do not have alternate transportation to school,
7shall have the opportunity to make up work for equivalent
8academic credit. It shall be the responsibility of a pupil's
9parent or guardian to notify school officials that a pupil
10suspended from the school bus does not have alternate
11transportation to school.
12    (b-35) In all suspension or expulsion proceedings, a
13student may disclose his or her status as a parent, expectant
14parent, or victim of gender-based violence, as defined in
15Article 26A, which must be considered as a mitigating factor in
16determining whether to suspend or expel the student or in
17deciding the nature or severity of the disciplinary action at
18any time throughout the proceedings. An advocate or
19representative of the student's choice must be permitted to
20represent the student throughout the proceedings and to consult
21with the school board if there is evidence that the student's
22status as a parent, expectant parent, or victim of gender-based
23violence may be a factor in the cause for expulsion or
24suspension. A student who discloses his or her status as a
25victim of gender-based violence may not be required to work out
26the problem directly with the perpetrator or the perpetrator's

 

 

10100SB0449sam001- 10 -LRB101 04210 AXK 57991 a

1advocate or representative, be personally questioned or
2cross-examined by the perpetrator or the perpetrator's
3advocate or representative, have any direct contact with the
4perpetrator or the perpetrator's advocate or representative,
5or be in the same room as the perpetrator or the perpetrator's
6advocate or representative during the proceedings. A
7suspension or expulsion proceeding under this subsection must
8be conducted independently from any ongoing criminal
9investigation or proceeding, and a lack of pursuit of criminal
10investigations or proceedings may not be a factor in school
11disciplinary decisions.
12    (c) The Department of Human Services shall be invited to
13send a representative to consult with the board at such meeting
14whenever there is evidence that mental illness may be the cause
15for expulsion or suspension.
16    (c-5) School districts shall make reasonable efforts to
17provide ongoing professional development to teachers,
18administrators, school board members, school resource
19officers, and staff on the adverse consequences of school
20exclusion and justice-system involvement, effective classroom
21management strategies, culturally responsive discipline, the
22appropriate and available supportive services for the
23promotion of student attendance and engagement, and
24developmentally appropriate disciplinary methods that promote
25positive and healthy school climates.
26    (d) The board may expel a student for a definite period of

 

 

10100SB0449sam001- 11 -LRB101 04210 AXK 57991 a

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

 

 

10100SB0449sam001- 12 -LRB101 04210 AXK 57991 a

1suspension or expulsion as provided in this Section may be
2eligible for a transfer to an alternative school program in
3accordance with Article 13A of the School Code.
4    (d-5) The board may suspend or by regulation authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend a
7student for a period not to exceed 10 school days or may expel
8a student for a definite period of time not to exceed 2
9calendar years, as determined on a case-by-case basis, if (i)
10that student has been determined to have made an explicit
11threat on an Internet website against a school employee, a
12student, or any school-related personnel, (ii) the Internet
13website through which the threat was made is a site that was
14accessible within the school at the time the threat was made or
15was available to third parties who worked or studied within the
16school grounds at the time the threat was made, and (iii) the
17threat could be reasonably interpreted as threatening to the
18safety and security of the threatened individual because of his
19or her duties or employment status or status as a student
20inside the school.
21    (e) To maintain order and security in the schools, school
22authorities may inspect and search places and areas such as
23lockers, desks, parking lots, and other school property and
24equipment owned or controlled by the school, as well as
25personal effects left in those places and areas by students,
26without notice to or the consent of the student, and without a

 

 

10100SB0449sam001- 13 -LRB101 04210 AXK 57991 a

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

 

 

10100SB0449sam001- 14 -LRB101 04210 AXK 57991 a

1school district if there is no threat to the safety of students
2or staff in the alternative program. A school district that
3adopts a policy under this subsection must include a provision
4allowing for consideration of a student's status as a parent,
5expectant parent, or victim of gender-based violence, as
6defined in Article 26A, as a mitigating factor in reviews
7during the disciplinary period and exempting, on a case-by-case
8basis, from suspension or expulsion those students whose status
9as a parent, expectant parent, or victim of gender-based
10violence is a factor in the behavior that gave rise to the
11suspension or expulsion.
12    (h) School officials shall not advise or encourage students
13to drop out voluntarily due to behavioral or academic
14difficulties.
15    (i) A student may not be issued a monetary fine or fee as a
16disciplinary consequence, though this shall not preclude
17requiring a student to provide restitution for lost, stolen, or
18damaged property.
19    (j) Subsections (a) through (i) and subsection (m) of this
20Section shall apply to elementary and secondary schools,
21charter schools, special charter districts, and school
22districts organized under Article 34 of this Code.
23    (k) The expulsion of children enrolled in programs funded
24under Section 1C-2 of this Code is subject to the requirements
25under paragraph (7) of subsection (a) of Section 2-3.71 of this
26Code.

 

 

10100SB0449sam001- 15 -LRB101 04210 AXK 57991 a

1    (l) Beginning with the 2018-2019 school year, an in-school
2suspension program provided by a school district for any
3students in kindergarten through grade 12 may focus on
4promoting non-violent conflict resolution and positive
5interaction with other students and school personnel. A school
6district may employ a school social worker or a licensed mental
7health professional to oversee an in-school suspension program
8in kindergarten through grade 12.
9    (m) If a student is faced with either (i) suspension from
10school due to gross disobedience or misconduct or suspension
11from riding a school bus due to gross disobedience or
12misconduct on the school bus as provided in this Section or
13(ii) expulsion due to gross disobedience or misconduct as
14provided in this Section and if there is a relationship between
15the behavior that gave rise to the suspension or expulsion
16proceedings and the student's status as a parent, expectant
17parent, or victim of gender-based violence, as defined in
18Article 26A, then the suspension or expulsion requirement may
19be modified by the district superintendent on a case-by-case
20basis.
21(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
22100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
238-22-18; revised 10-1-18.)
 
24    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
25    Sec. 10-22.6a. Home instruction; correspondence courses.

 

 

10100SB0449sam001- 16 -LRB101 04210 AXK 57991 a

1    (a) To provide by home instruction, correspondence
2courses, or otherwise courses of instruction for a pupil who is
3pupils who are unable to attend school because of pregnancy or
4pregnancy-related conditions, the fulfillment of parenting
5obligations related to the health of the pupil's child, or
6health and safety concerns arising from gender-based violence,
7as defined in Article 26A. Such instruction shall be provided
8to the pupil (1) before the birth of the child when the pupil's
9physician, physician assistant, or advanced practice nurse has
10indicated to the district, in writing, that the pupil is
11medically unable to attend regular classroom instruction; and
12(2) for up to 3 months following the birth of the child or a
13miscarriage; (3) when the pupil must care for his or her ill
14child if (i) the child's physician, physician assistant, or
15advanced practice registered nurse has indicated to the
16district, in writing, that the child has a serious health
17condition, (ii) the pupil or the pupil's parent or guardian
18indicates to the district, in writing, that the pupil is needed
19to provide care to the child, and (iii) alternative care for
20the child that is adequate and affordable is unavailable; or
21(4) when the pupil must treat physical or mental health
22complications or address safety concerns arising from
23gender-based violence if the pupil's domestic or sexual
24violence organization, as defined in Article 26A, or health
25care provider has indicated to the district, in writing, that
26the care is needed by the pupil and will cause the pupil's

 

 

10100SB0449sam001- 17 -LRB101 04210 AXK 57991 a

1absence from school for one or more weeks. The instruction
2course shall be designed to offer educational experiences that
3are equivalent to those given to pupils at the same grade level
4in the district and that are designed to enable the pupil to
5return to the classroom. In this subsection (a), "serious
6health condition" means an illness, injury, impairment, or
7physical or mental health condition that involves inpatient
8care in a hospital, hospice, or residential medical care
9facility or continuing treatment by a health care provider.
10    (b) Notwithstanding any other provision of law to the
11contrary, if a pupil is unable to attend regular classes
12because of the reasons set forth in this Section and has
13participated in instruction under this Section that is
14administered by the school or school district, then the pupil
15may not be penalized for grading purposes or be denied course
16completion, a return to regular classroom instruction, grade
17level advancement, or graduation solely on the basis of the
18pupil's participation in instruction under this Section or the
19pupil's absence from the regular education program during the
20period of instruction under this Section. A school or school
21district may not use instruction under this Section to replace
22making reasonable accommodations so that pupils who are
23parents, expectant parents, or victims of gender-based
24violence may receive regular classroom instruction.
25(Source: P.A. 100-443, eff. 8-25-17.)
 

 

 

10100SB0449sam001- 18 -LRB101 04210 AXK 57991 a

1    (105 ILCS 5/13A-11)
2    Sec. 13A-11. Chicago public schools.
3    (a) The Chicago Board of Education may establish
4alternative schools within Chicago and may contract with third
5parties for services otherwise performed by employees,
6including those in a bargaining unit, in accordance with
7Sections 34-8.1, 34-18, and 34-49.
8    (b) Alternative schools operated by third parties within
9Chicago shall be exempt from all provisions of this Code,
10except provisions concerning:
11        (1) student civil rights;
12        (2) staff civil rights;
13        (3) health and safety;
14        (4) performance and financial audits;
15        (5) the assessments required under Section 2-3.64a-5
16    of this Code;
17        (6) Chicago learning outcomes;
18        (7) Sections 2-3.25a through 2-3.25j of this Code;
19        (8) the Inspector General; and
20        (9) Section 34-2.4b of this Code; and .
21        (10) Article 26A and any other provision of this Code
22    concerning youth who are parents, expectant parents, or
23    victims of gender-based violence, as defined in Article
24    26A.
25(Source: P.A. 98-972, eff. 8-15-14.)
 

 

 

10100SB0449sam001- 19 -LRB101 04210 AXK 57991 a

1    (105 ILCS 5/22-60)
2    Sec. 22-60. Unfunded mandates prohibited.
3    (a) No public school district or private school is
4obligated to comply with the following types of mandates unless
5a separate appropriation has been enacted into law providing
6full funding for the mandate for the school year during which
7the mandate is required:
8        (1) Any mandate in this Code enacted after the
9    effective date of this amendatory Act of the 96th General
10    Assembly.
11        (2) Any regulatory mandate promulgated by the State
12    Board of Education and adopted by rule after the effective
13    date of this amendatory Act of the 96th General Assembly
14    other than those promulgated with respect to this Section
15    or statutes already enacted on or before the effective date
16    of this amendatory Act of the 96th General Assembly.
17    (b) If the amount appropriated to fund a mandate described
18in subsection (a) of this Section does not fully fund the
19mandated activity, then the school district or private school
20may choose to discontinue or modify the mandated activity to
21ensure that the costs of compliance do not exceed the funding
22received.
23    Before discontinuing or modifying the mandate, the school
24district shall petition its regional superintendent of schools
25on or before February 15 of each year to request to be exempt
26from implementing the mandate in a school or schools in the

 

 

10100SB0449sam001- 20 -LRB101 04210 AXK 57991 a

1next school year. The petition shall include all legitimate
2costs associated with implementing and operating the mandate,
3the estimated reimbursement from State and federal sources, and
4any unique circumstances the school district can verify that
5exist that would cause the implementation and operation of such
6a mandate to be cost prohibitive.
7    The regional superintendent of schools shall review the
8petition. In accordance with the Open Meetings Act, he or she
9shall convene a public hearing to hear testimony from the
10school district and interested community members. The regional
11superintendent shall, on or before March 15 of each year,
12inform the school district of his or her decision, along with
13the reasons why the exemption was granted or denied, in
14writing. The regional superintendent must also send
15notification to the State Board of Education detailing which
16school districts requested an exemption and the results.
17    If the regional superintendent grants an exemption to the
18school district, then the school district is relieved from the
19requirement to establish and implement the mandate in the
20school or schools granted an exemption for the next school
21year. If the regional superintendent of schools does not grant
22an exemption, then the school district shall implement the
23mandate in accordance with the applicable law or rule by the
24first student attendance day of the next school year. However,
25the school district or a resident of the school district may on
26or before April 15 appeal the decision of the regional

 

 

10100SB0449sam001- 21 -LRB101 04210 AXK 57991 a

1superintendent to the State Superintendent of Education. The
2State Superintendent shall hear appeals on the decisions of
3regional superintendents of schools no later than May 15 of
4each year. The State Superintendent shall make a final decision
5at the conclusion of the hearing on the school district's
6request for an exemption from the mandate. If the State
7Superintendent grants an exemption, then the school district is
8relieved from the requirement to implement a mandate in the
9school or schools granted an exemption for the next school
10year. If the State Superintendent does not grant an exemption,
11then the school district shall implement the mandate in
12accordance with the applicable law or rule by the first student
13attendance day of the next school year.
14    If a school district or private school discontinues or
15modifies a mandated activity due to lack of full funding from
16the State, then the school district or private school shall
17annually maintain and update a list of discontinued or modified
18mandated activities. The list shall be provided to the State
19Board of Education upon request.
20    (c) This Section does not apply to (i) any new statutory or
21regulatory mandates related to revised learning standards
22developed through the Common Core State Standards Initiative
23and assessments developed to align with those standards or
24actions specified in this State's Phase 2 Race to the Top Grant
25application if the application is approved by the United States
26Department of Education, or (ii) new statutory or regulatory

 

 

10100SB0449sam001- 22 -LRB101 04210 AXK 57991 a

1mandates from the Race to the Top Grant through the federal
2American Recovery and Reinvestment Act of 2009 imposed on
3school districts designated as being in the lowest performing
45% of schools within the Race to the Top Grant application, or
5(iii) any changes made by this amendatory Act of the 101st
6General Assembly.
7    (d) In any instances in which this Section conflicts with
8the State Mandates Act, the State Mandates Act shall prevail.
9(Source: P.A. 96-1441, eff. 8-20-10.)
 
10    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
11    Sec. 26-2a. A "truant" is defined as a child who is subject
12to compulsory school attendance and who is absent without valid
13cause, as defined under this Section, from such attendance for
14more than 1% but less than 5% of the past 180 school days.
15    "Valid cause" for absence shall be illness; attendance at a
16pregnancy-related medical appointment; , observance of a
17religious holiday; , death in the immediate family; , family
18emergency; , fulfillment of a student's parenting
19responsibility, including, but not limited to, arranging and
20providing child care, caring for the student's sick child, or
21attending medical appointments for the student's child; or
22addressing circumstances resulting from gender-based violence,
23as defined in Article 26A, including, but not limited to,
24experiencing gender-based violence, recovering from physical
25or psychological injuries, seeking medical attention, seeking

 

 

10100SB0449sam001- 23 -LRB101 04210 AXK 57991 a

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

 

 

10100SB0449sam001- 24 -LRB101 04210 AXK 57991 a

1studies and who has not transferred to another public or
2private school and is not known to be home-schooled by his or
3her parents or guardians or continuing school in another
4country.
5    "Religion" for the purposes of this Article, includes all
6aspects of religious observance and practice, as well as
7belief.
8(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
9revised 10-4-18.)
 
10    (105 ILCS 5/Art. 26A heading new)
11
ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT
12
PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE

 
13    (105 ILCS 5/26A-1 new)
14    Sec. 26A-1. Short title and application. This Article may
15be referred to as the Ensuring Success in School Law. This
16Article applies to all school districts and schools governed by
17this Code, including those under Articles 13, 13A, 13B, 27A,
1832, 33, and 34.
 
19    (105 ILCS 5/26A-5 new)
20    Sec. 26A-5. Purpose. The purpose of this Article is to
21ensure that Illinois schools have policies, procedures, and
22protocols in place that ensure children and youth who are
23parents, expectant parents, or victims of gender-based

 

 

10100SB0449sam001- 25 -LRB101 04210 AXK 57991 a

1violence are identified by schools in a manner respectful of
2their privacy and safety, treated with dignity and regard, and
3provided the protection, instruction, and related
4accommodations and services necessary to enable them to meet
5State educational standards and successfully attain a high
6school diploma. This Article shall be interpreted liberally to
7aid in this purpose.
 
8    (105 ILCS 5/26A-10 new)
9    Sec. 26A-10. Definitions. In this Article:
10    "Consent" includes, at a minimum, a recognition that (i)
11consent is a freely given agreement to sexual activity or other
12gender-based violence activity, (ii) a youth's lack of verbal
13or physical resistance or submission resulting from the use of
14threat of force does not constitute consent, (iii) a youth's
15manner of dress does not constitute consent, (iv) a youth's
16consent to past sexual activity or other gender-based violence
17activity does not constitute consent to future sexual activity
18or gender-based violence activity, (v) a youth's consent to
19engage in sexual activity or other gender-based violence
20activity does not constitute consent to engage in sexual
21activity or other gender-based violence activity with another,
22(vi) a youth can withdraw consent at any time, and (vii) a
23youth cannot consent to sexual activity or other gender-based
24violence activity if that youth is unable to understand the
25nature of the activity or give knowing consent due to

 

 

10100SB0449sam001- 26 -LRB101 04210 AXK 57991 a

1circumstances that include, but are not limited to, all of the
2following:
3        (1) The youth is incapacitated due to the use or
4    influence of alcohol or drugs.
5        (2) The youth is asleep or unconscious.
6        (3) The youth is under age.
7        (4) The youth is incapacitated due to a mental
8    disability.
9    "Domestic or sexual violence organization" means a
10nonprofit, nongovernmental organization that provides
11assistance to victims of gender-based violence or advocates for
12those victims, including an organization carrying out a
13domestic or sexual violence or other gender-based violence
14program, an organization operating a shelter or a rape crisis
15center or providing counseling services, or an organization
16seeking to eliminate gender-based violence or to address the
17consequences of that violence for its victims through
18legislative advocacy or policy change, public education, or
19service collaboration.
20    "Domestic violence" means abuse, as defined in Section 103
21of the Illinois Domestic Violence Act of 1986, by a family or
22household member, as defined in Section 103 of the Illinois
23Domestic Violence Act of 1986.
24    "Electronic communication" includes communication via
25telephone, mobile phone, computer, email, video recorder, fax
26machine, telex, pager, apps or applications, or any other

 

 

10100SB0449sam001- 27 -LRB101 04210 AXK 57991 a

1electronic communication or cyberstalking as defined in
2Section 12-7.5 of the Criminal Code of 2012.
3    "Expectant parent" means a youth who is pregnant or a youth
4who intends to act as a parent and who has not yet received a
5diploma for completion of a secondary education as defined in
6Section 22-22.
7    "Gender-based violence" means domestic violence,
8harassment, sexual assault, sexual violence, or stalking.
9Gender-based violence may occur through electronic
10communication. Gender-based violence exists regardless of when
11or where the violence occurred, whether or not the violence is
12the subject of a criminal investigation or the perpetrator has
13been criminally charged or convicted of a crime, whether or not
14an order of protection or a no-contact order is pending before
15or has been issued by a court, or whether or not any
16gender-based violence took place on school grounds, during
17regular school hours, or during a school-sponsored event. Under
18federal and State law, children and youth under the age of 18
19year may not consent to many of the acts or activities that
20constitute gender-based violence.
21    "Harassment" means any harassment or discrimination on the
22basis of an individual's actual or perceived sex or gender,
23including unwelcome sexual advances, requests for sexual
24favors, other verbal or physical conduct of a sexual nature, or
25unwelcome conduct, including verbal, nonverbal, or physical
26conduct that is not sexual in nature, but is related to a

 

 

10100SB0449sam001- 28 -LRB101 04210 AXK 57991 a

1student's status as a parent, expectant parent, or victim of
2gender-based violence.
3    "Parent", as it relates to a student, means a student who
4is a custodial or a noncustodial parent taking an active role
5in the care and supervision of a child and who has not yet
6received a diploma for completion of a secondary education, as
7defined in Section 22-22.
8    "Perpetrator" means an individual who commits or is alleged
9to have committed any act of gender-based violence.
10    "Poor academic performance" means a student who has (i)
11scored in the 50th percentile or below on a school
12district-administered standardized test, (ii) received a score
13on a State assessment that does not meet standards in one or
14more of the fundamental learning areas under Section 27-1, as
15applicable for the student's grade level, or (iii) not met
16grade-level expectations on a school district-designed
17assessment.
18    "School", for purposes of the provisions of this Article
19relating to children and youth who are parents, expectant
20parents, or victims of gender-based violence, includes, but is
21not limited to, (i) a public or State-operated elementary or
22secondary school, (ii) a school operated pursuant to an
23agreement with a public school district, including a
24cooperative or joint agreement with a governing body or board
25of control, (iii) a charter school operating in compliance with
26the Charter Schools Law, (iv) a school operated under Section

 

 

10100SB0449sam001- 29 -LRB101 04210 AXK 57991 a

113A-3, (v) an alternative school operated by third parties
2within the City of Chicago under Section 13A-11, (vi) an
3alternative learning opportunities program operated under
4Article 13B, (vii) a public school administered by a local
5public agency or the Department of Human Services operating
6pursuant to the authority of this Code, and (viii) any schools
7otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34.
8    "School district", for purposes of the provisions of this
9Article relating to youth who are parents, expectant parents,
10or victims of domestic or sexual violence, means any public
11entity responsible for administering schools, including school
12districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34,
13or any other entity responsible for administering public
14schools, such as cooperatives, joint agreements, charter
15schools, special charter districts, regional offices of
16education, local agencies, or the Department of Human Services.
17    "Sexual assault" means any conduct of an adult or minor
18child proscribed in Article 11 of the Criminal Code of 2012,
19except for Sections 11-35 and 11-45 of the Criminal Code of
202012, or similar provisions of the Criminal Code of 1961,
21including conduct committed by perpetrators who are strangers
22to the victim and conduct committed by perpetrators who are
23known or related by blood or marriage to the victim.
24    "Stalking" means any conduct proscribed in Section 12-7.3,
2512-7.4, or 12-7.5 of the Criminal Code of 2012, or similar
26provisions of the Criminal Code of 1961, including stalking

 

 

10100SB0449sam001- 30 -LRB101 04210 AXK 57991 a

1committed by perpetrators who are strangers to the victim and
2stalking committed by perpetrators who are known or related by
3blood or marriage to the victim.
4    "Student" or "pupil" means any child or youth enrolled,
5eligible to enroll, or previously enrolled in a school who has
6not yet received a diploma for completion of a secondary
7education, as defined in Section 22-22.
8    "Student at risk of academic failure" means a student who
9is at risk of failing to meet Illinois Learning Standards or
10failing to graduate from elementary or high school and who
11demonstrates a need for educational support or social services
12beyond those provided by the regular school program.
13    "Victim" means an individual who has been subjected to one
14or more acts of gender-based violence.
15    "Youth" means a child, pupil, student, or juvenile below
16the age of 21 years who has not yet completed his or her
17prescribed course of study or has not received a diploma for
18completion of a secondary education, as defined in Section
1922-22. "Youth" includes, but is not limited to, unaccompanied
20youth not in the physical custody of a parent or guardian.
 
21    (105 ILCS 5/26A-15 new)
22    Sec. 26A-15. Ensuring Success in School working group.
23    (a) The State Board of Education must create the Ensuring
24Success in School working group comprised of all of the
25following members, representative of the geographic, racial,

 

 

10100SB0449sam001- 31 -LRB101 04210 AXK 57991 a

1ethnic, and cultural diversity of this State and appointed by
2the State Board:
3        (1) Representatives of the State Board.
4        (2) Educators.
5        (3) School social workers.
6        (4) School counselors.
7        (5) Psychologists.
8        (6) Representatives of domestic or sexual violence
9    organizations in this State, including those organizations
10    that provide services to or advocate on behalf of youth who
11    are lesbian, gay, bi-sexual, transgender, or gender
12    nonconforming, or nonprofit, nongovernmental,
13    community-based pregnant or parenting youth organizations.
14        (7) Youth who are parents or expectant parents.
15        (8) Youth who are victims of gender-based violence.
16    (b) The working group must advise the State Board on the
17implementation, monitoring, and evaluation of this Article by
18schools and school districts, including, but not limited to,
19the development of policies, procedures, and protocols to be
20implemented by schools and school districts.
21    (c) Members of the working group shall serve without
22compensation, but may be reimbursed for their travel expenses
23from appropriations to the State Board made available for that
24purpose and subject to the rules of the appropriate travel
25control board.
 

 

 

10100SB0449sam001- 32 -LRB101 04210 AXK 57991 a

1    (105 ILCS 5/26A-20 new)
2    Sec. 26A-20. Review and revision of policies and
3procedures.
4    (a) No later than July 1, 2020, and every 2 years
5thereafter, each school district must review all existing
6policies and procedures and must revise any existing policies
7and procedures that may act as a barrier to the immediate
8enrollment and re-enrollment, attendance, graduation, and
9success in school of any youth who is a parent, expectant
10parent, or victim of gender-based violence or any policies or
11procedures that may compromise a criminal investigation
12relating to gender-based violence or may re-victimize the
13youth. A school district must adopt new policies and
14procedures, as needed, to implement this Section and to ensure
15that immediate and effective steps are taken to respond to
16youth who are parents, expectant parents, or victims of
17gender-based violence.
18    (b) A school district must confer with persons with
19expertise in youth who are parents or expectant parents and
20with persons with expertise in youth who are victims of
21gender-based violence, including domestic and sexual violence
22organizations, in (i) the review and revision and the adoption
23and implementation of new policies and procedures under this
24Section, including those policies and procedures related to
25confidentiality, parental involvement, and a youth's
26health-related or safety-related concerns in connection with

 

 

10100SB0449sam001- 33 -LRB101 04210 AXK 57991 a

1notifying a parent or guardian and (ii) the development and
2distribution of materials related to those youth, including
3outreach to youth not in school. A school district must ensure
4that all materials distributed to youth are age appropriate and
5culturally responsive and that youth are notified of and
6understand the school district's policies and procedures,
7including how and to whom to report any incident of
8gender-based violence.
9    (c) A school district's policy on the procedures that a
10youth or his or her parent or guardian may follow if he or she
11chooses to report an incident of alleged gender-based violence
12must, at a minimum, include all of the following:
13        (1) The name and contact information for gender-based
14    violence and parenting resource personnel and the Title IX
15    coordinator, school and school district resource officers
16    or security, local law enforcement officials, and a
17    community-based domestic or sexual violence organization.
18        (2) The name, title, and contact information for
19    confidential advisors or other confidential resources and
20    a description of what confidential reporting means.
21        (3) Information regarding the various individuals,
22    departments, or organizations to whom a youth may report an
23    incident of gender-based violence, specifying for each
24    individual or entity (i) the extent of the individual's or
25    entity's reporting obligation to the school or school
26    district's administration, Title IX coordinator, or other

 

 

10100SB0449sam001- 34 -LRB101 04210 AXK 57991 a

1    personnel or entity, (ii) the individual's or entity's
2    ability to protect the youth's privacy, and (iii) the
3    extent of the individual's or entity's ability to have
4    confidential communications with the youth or his or her
5    parent or guardian.
6        (4) An option for the youth or his or her parent or
7    guardian to electronically report the incident.
8        (5) An option for the youth or his or her parent or
9    guardian to anonymously report the incident.
10        (6) An option for the youth or his or her parent or
11    guardian to confidentially report the incident.
12        (7) An option for reports by third parties and
13    bystanders.
14        (8) The adoption of a complaint resolution procedure as
15    provided in Section 26A-25.
16    (d) A school district must post its revised policies and
17procedures on its website, distribute them in written form at
18the beginning of each school year to each student, and make
19copies available to each student and his or her parent or
20guardian for inspection and copying at no cost to the student
21or parent or guardian at each school within a school district.
 
22    (105 ILCS 5/26A-25 new)
23    Sec. 26A-25. Complaint resolution procedure. On or before
24July 1, 2020, each school district must adopt one procedure to
25resolve complaints of alleged incidents of

 

 

10100SB0449sam001- 35 -LRB101 04210 AXK 57991 a

1student-perpetrated, gender-based violence. These procedures
2shall comply with the confidentiality provisions of Sections
326A-20 and 26A-30. The procedure must include, at a minimum,
4all of the following:
5        (1) Complainants alleging incidents of
6    student-perpetration of gender-based violence must have
7    the opportunity to request that the complaint resolution
8    procedure begin promptly and proceed in a timely manner.
9        (2) A school district must determine the individuals
10    who will resolve complaints of alleged incidents of
11    student-perpetrated, gender-based violence.
12        (3) All individuals whose duties include resolution of
13    complaints of alleged incidents of student-perpetrated,
14    gender-based violence must receive a minimum of 10 hours of
15    annual training on issues related to gender-based violence
16    and how to conduct the school district's complaint
17    resolution procedure, in addition to the in-service
18    training required under subsection (d) of Section
19    10-22.39.
20        (4) Each school district must have a sufficient number
21    of individuals trained to resolve complaints so that (i) a
22    substitution can occur in the case of a conflict of
23    interest or recusal and (ii) an individual with no prior
24    involvement in the initial determination or finding may
25    hear any appeal brought by a party.
26        (5) An individual resolving a complaint must use a

 

 

10100SB0449sam001- 36 -LRB101 04210 AXK 57991 a

1    preponderance of the evidence standard to determine if the
2    alleged incident of student-perpetrated, gender-based
3    violence occurred.
4        (6) The complainant and respondent shall (i) receive
5    notice of the name of the individual with authority to make
6    a finding or impose a sanction in the proceeding before the
7    individual may initiate contact with either party and (ii)
8    have the opportunity to request a substitution if the
9    participation of an individual with authority to make a
10    finding or impose a sanction poses a conflict of interest.
11        (7) Each school district must have a procedure to
12    determine interim protective measures and accommodations
13    available pending the resolution of the complaint.
14        (8) Any proceeding, meeting, or hearing held to resolve
15    complaints of alleged incidents of student perpetrated,
16    gender-based violence must protect the privacy of the
17    participating parties and witnesses.
18        (9) The complainant, regardless of his or her level of
19    involvement in the complaint resolution procedure, and the
20    respondent must have the opportunity to provide or present
21    evidence and witnesses on their behalf during the complaint
22    resolution procedure.
23        (10) The complainant and the respondent may not
24    directly cross-examine one another, but may, at the
25    discretion and direction of the individual resolving the
26    complaint, suggest questions to be posed by the individual

 

 

10100SB0449sam001- 37 -LRB101 04210 AXK 57991 a

1    resolving the complaint and respond to the other party.
2        (11) Each party may request and must be allowed to have
3    an advisor of his or her choice accompany him or her to any
4    meeting or proceeding related to the alleged incident of
5    student-perpetrated, gender-based violence if the
6    involvement of the advisor does not result in undue delay
7    of the meeting or proceeding. The advisor must comply with
8    any rules of the school district's complaint resolution
9    procedure regarding the advisor's role. If the advisor
10    violates the rules or engages in behavior or advocacy that
11    harasses, abuses, or intimidates either party, a witness,
12    or an individual resolving the complaint, that advisor may
13    be prohibited from further participation in the meeting or
14    proceeding.
15        (12) If the complaint resolution procedure involves a
16    hearing, the complainant and the respondent may not be
17    compelled to testify in the presence of the other party. If
18    a party invokes this right, the school district must
19    provide a procedure by which each party may, at a minimum,
20    hear the other party's testimony.
21        (13) The complainant and the respondent are entitled to
22    simultaneous, written notification of the results of the
23    complaint resolution procedure, including information
24    regarding appeal rights, within 7 days after a decision or
25    sooner if required by State or federal law.
26        (14) The complainant and the respondent must, at a

 

 

10100SB0449sam001- 38 -LRB101 04210 AXK 57991 a

1    minimum, have the right to timely appeal the complaint
2    resolution procedure's findings or imposed sanctions if a
3    party alleges that (i) a procedural error occurred, (ii)
4    new information exists that would substantially change the
5    outcome of the finding, or (iii) the sanction is
6    disproportionate to the violation. An individual reviewing
7    the findings or imposed sanctions may not have previously
8    participated in the complaint resolution procedure and may
9    not have a conflict of interest with either party. The
10    complainant and the respondent must receive the appeal
11    decision, in writing, within 7 days after the conclusion of
12    the review of findings or sanctions or sooner if required
13    by federal or State law.
14        (15) A school district may not disclose the identity of
15    the victim of gender-based violence or the respondent,
16    except as necessary to resolve the complaint or to
17    implement interim protective measures and accommodations
18    or when required by State or federal law.
 
19    (105 ILCS 5/26A-30 new)
20    Sec. 26A-30. Confidentiality.
21    (a) Each school district must adopt and implement a policy
22and protocol to ensure that all information concerning a
23youth's status and related experiences as a parent, expectant
24parent, or victim of gender-based violence provided to or
25otherwise obtained by the school district or its employees or

 

 

10100SB0449sam001- 39 -LRB101 04210 AXK 57991 a

1agents pursuant to this Code or otherwise, including a
2statement of the youth or any other documentation, record, or
3corroborating evidence or that the youth has requested or
4obtained assistance, accommodations, or services pursuant to
5this Code, shall be retained in the strictest confidence by the
6school district or its employees or agents and may not be
7disclosed to any other individual, including any other
8employee, except to the extent that disclosure is (i) requested
9or consented to in writing by the youth or the youth's parent
10or guardian if it is safe to obtain written consent from the
11youth's parent or guardian or (ii) otherwise required by
12applicable federal or State law, including the Abused and
13Neglected Child Reporting Act and professional ethics policies
14that govern school personnel.
15    (b) Prior to disclosing information about a youth's status
16as a parent, expectant parent, or victim of gender-based
17violence, a school must notify the youth and discuss and
18address any safety concerns related to the disclosure,
19including instances where the youth indicates or the school or
20school district or its employees or agents are otherwise aware
21that the youth's health or safety may be at risk if his or her
22status is disclosed to the youth's parent or guardian, except
23as otherwise required by applicable federal or State law,
24including the Abused and Neglected Child Reporting act and
25professional ethics policies that govern the professional
26school personnel.

 

 

10100SB0449sam001- 40 -LRB101 04210 AXK 57991 a

1    (c) No youth may be required to testify publicly concerning
2his or her status as a victim of gender-based violence,
3allegations of gender-based violence, his or her status as a
4parent or expectant parent, or the youth's efforts to enforce
5any of his or her rights under provisions in this Code relating
6to youth who are parents, expectant parents, or victims of
7gender-based violence.
8    (d) In the case of gender-based violence, a school district
9may not contact the person named to be the perpetrator, the
10perpetrator's family, or any other person named by the youth or
11named by the youth's parent or guardian to be unsafe to contact
12to verify the violence. A school district may not contact the
13perpetrator, the perpetrator's family, or any other person
14named by the youth or the youth's parent or guardian to be
15unsafe for any other reason without written permission from the
16youth or his or her parent or guardian. Permission from the
17youth's parent or guardian may not be pursued if the youth
18alleges that his or her health or safety would be threatened if
19the school or school district contacts the youth's parent or
20guardian to obtain written permission.
21    (e) A school district must take all actions necessary to
22comply with this Section no later than January 1, 2020.
 
23    (105 ILCS 5/26A-35 new)
24    Sec. 26A-35. Gender-based violence and parenting resource
25personnel.

 

 

10100SB0449sam001- 41 -LRB101 04210 AXK 57991 a

1    (a) Each school district shall designate or appoint at
2least one staff person at each school in the district who is
3employed at least part-time at the school and who is a school
4social worker, school psychologist, school counselor, school
5nurse, school teacher, or school administrator trained to
6address, in a culturally responsive, confidential, and
7sensitive manner, the needs of youth who are parents, expectant
8parents, or victims of gender-based violence. The designated or
9appointed staff person must have all of the following duties:
10        (1) Communicate with and listen to youth who are
11    parents, expectant parents, or victims of gender-based
12    violence.
13        (2) Connect youth described in paragraph (1) to
14    appropriate, in-school services or other agencies,
15    programs, or services as needed.
16        (3) Coordinate and monitor the implementation of the
17    school's and school district's policies, procedures, and
18    protocols in cases involving student allegations of
19    gender-based violence.
20        (4) Coordinate and monitor the implementation of the
21    school's and school district's policies, procedures, and
22    protocols as set forth in provisions of this Code
23    concerning youth who are parents, expectant parents, or
24    victims of gender-based violence.
25        (5) Assist youth described in paragraph (1) in their
26    efforts to exercise and preserve their rights as set forth

 

 

10100SB0449sam001- 42 -LRB101 04210 AXK 57991 a

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

 

 

10100SB0449sam001- 43 -LRB101 04210 AXK 57991 a

1Disabilities Code within 12 months prior to his or her
2designation or appointment.
3    (c) A school district must designate or appoint and train
4all gender-based violence and parenting resource personnel,
5and the personnel must assist in implementing the duties
6described in this Section no later than April 1, 2020, except
7in those school districts in which there exists a collective
8bargaining agreement on the effective date of this amendatory
9Act of the 101st General Assembly and the implementation of
10this Section would be a violation of that collective bargaining
11agreement. If implementation of some activities required under
12this Section is prevented by an existing collective bargaining
13agreement, a school district must comply with this Section to
14the fullest extent allowed by the existing collective
15bargaining agreement no later than April 1, 2020. In those
16instances in which a collective bargaining agreement that
17either fully or partially prevents full implementation of this
18Section expires after April 1, 2020, a school district must
19designate or appoint and train all gender-based and parenting
20resource personnel, who shall implement the duties described in
21this Section no later than the effective date of the new
22collective bargaining agreement that immediately succeeds the
23collective bargaining agreement in effect at the time this
24Section becomes effective.
 
25    (105 ILCS 5/26A-40 new)

 

 

10100SB0449sam001- 44 -LRB101 04210 AXK 57991 a

1    Sec. 26A-40. Accommodations, adjustments, and services.
2    (a) To facilitate the full participation of youth who are
3parents, expectant parents, or victims of gender-based
4violence, each school district must provide those youth with
5reasonable accommodations and adjustments in school policy and
6practice, in-school support services, access to non-school
7based support services, and the ability to make up work missed
8on account of circumstances related to the youth's status as a
9parent, expectant parent, or victim of gender-based violence.
10Victims of gender-based violence must have access to those
11accommodations, adjustments, and services regardless of when
12or where the violence for which they are seeking
13accommodations, adjustments, or services occurred. All
14accommodations, adjustments, and services must be continued
15for as long as necessary to maintain the mental and physical
16well-being and safety of the youth.
17    (b) Reasonable accommodations and adjustments provided
18under subsection (a) shall include, but are not limited to, (i)
19the provision of sufficiently private settings to ensure
20confidentiality and time off from class for meetings with
21counselors or other service providers, (ii) assisting the youth
22in creating a student success plan, (iii) transfer of a victim
23of gender-based violence or the student perpetrator to a
24different classroom or school, (iv) change of seating
25assignment, (v) implementation of in-school, school grounds,
26and bus safety procedures, (vi) honoring court orders,

 

 

10100SB0449sam001- 45 -LRB101 04210 AXK 57991 a

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

 

 

10100SB0449sam001- 46 -LRB101 04210 AXK 57991 a

1each youth who is unable to participate because of
2circumstances related to the youth's status as a parent,
3expectant parent, or victim of gender-based violence a
4meaningful opportunity to make up any examination, study, or
5work requirement that the youth has missed because of the
6inability to participate on any particular day or days or at
7any particular time of day. Costs assessed by a school district
8on the youth for participation in those activities shall be
9considered savable fees for any youth whose parent or guardian
10is unable to afford them, consistent with the provisions of
11Section 10-20.13. Each school district must adopt written
12policies and procedures for waiver of those fees in accordance
13with rules adopted by the State Board of Education.
14    (e) When a school or school district employee or agent
15becomes aware of or suspects a youth's status as a parent,
16expectant parent, or victim of gender-based violence, it is the
17responsibility of the employee or agent of the school or school
18district to inform the youth of the available services and
19accommodations at the school and in the community that may
20assist the youth in maintaining the youth's full educational
21participation and the youth's successful performance. The
22school or school district employee or agent must also refer the
23youth to the school district's specially trained personnel as
24set forth in Section 26A-35. A school district must make
25respecting a youth's privacy, confidentiality, mental and
26physical health, and safety a paramount concern.

 

 

10100SB0449sam001- 47 -LRB101 04210 AXK 57991 a

1    (f) Each school must honor a youth's decision to obtain
2education and support services, accommodations, and non-school
3based support services, to terminate the receipt of those
4education and support services, accommodations, or non-school
5based support services, or to decline participation in those
6education and support services, accommodations, and non-school
7based support services. No youth is obligated to use education
8and support services, accommodations, or non-school based
9support services. In developing accommodations, adjustments,
10or educational support services, the privacy, mental and
11physical health, and safety of the youth shall be the paramount
12concern. No adverse or prejudicial effects may result to any
13youth because of the youth's availing of or declining the
14provisions of this Section.
15    (g) Any support services to youth receiving education and
16support services must be available in any school or by home or
17hospital instruction.
18    (h) Individual, peer, group, and family counseling
19services or psychotherapy must be made available to youth who
20are parents, expectant parents, or victims of gender-based
21violence consistent with the provisions of the Mental Health
22and Developmental Disabilities Code. At least once every school
23year, each school district must inform in writing all school
24personnel and all students 12 years of age or older of the
25availability of counseling without parental or guardian
26consent under Section 3-5A-105 of the Mental Health and

 

 

10100SB0449sam001- 48 -LRB101 04210 AXK 57991 a

1Developmental Disabilities Code. This information must also be
2provided to students immediately after any school personnel
3becomes aware that a student is a parent, expectant parent, or
4victim of gender-based violence.
5    (i) All domestic or sexual violence organizations and its
6staff and any other non-school organization and its staff shall
7maintain confidentiality pursuant to federal and State laws and
8their professional ethics policies regardless of when or where
9information, advice, counseling, or any other interaction with
10students takes place. A school or school district may not
11request or require those organizations or individuals to breach
12confidentiality.
 
13    (105 ILCS 5/26A-45 new)
14    Sec. 26A-45. Assertion of rights; verification.
15    (a) For purposes of youth asserting their rights under
16provisions relating to gender-based violence in Sections
1710-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
18school district may require verification of the claim.
19Verification may not be required for a youth to be referred to
20or to receive in-school or out-of-school services. Any one of
21the following shall be acceptable as a form of verification of
22a youth's claim of gender-based violence, only one of which may
23be required by a school district, and the youth or the youth's
24parent or guardian shall choose which form of documentation to
25submit to the school district:

 

 

10100SB0449sam001- 49 -LRB101 04210 AXK 57991 a

1        (1) A written statement from the youth or anyone who
2    has knowledge of the circumstances that support the youth's
3    claim. This may be in the form of a complaint.
4        (2) A police report, government agency record, or court
5    record.
6        (3) A statement or other documentation from a domestic
7    or sexual violence organization or any other organization
8    from which the youth sought services or advice.
9        (4) Documentation from a lawyer, clergy person,
10    medical professional, or other professional from whom the
11    youth sought gender-based violence services or advice.
12        (5) Any other evidence, such as physical evidence of
13    violence, that supports the claim.
14    All forms of verification received by a school district
15under this subsection must be kept in a temporary file.
16    (b) A youth or a youth's parent or guardian who has
17provided acceptable verification that the youth is or has been
18a victim of gender-based violence may not be required to
19provide any additional verification if the youth's efforts to
20assert rights under this Code stem from a claim involving the
21same perpetrator or the same incident of violence. No school or
22school district shall request or require additional
23documentation.
24    (c) The person named to be the perpetrator, the
25perpetrator's family, or any other person named by the youth or
26named by the youth's parent or guardian to be unsafe to contact

 

 

10100SB0449sam001- 50 -LRB101 04210 AXK 57991 a

1may not be contacted to verify the violence. The perpetrator,
2the perpetrator's family, or any other person named by the
3youth or the youth's parent or guardian to be unsafe may not be
4contacted for any other reason without written permission of
5the youth or written permission of the youth's parent or
6guardian. Permission of the youth's parent or guardian may not
7be pursued when the youth alleges that his or her health or
8safety would be threatened if the school or school district
9contacts the youth's parent or guardian to obtain written
10permission.
 
11    (105 ILCS 5/26A-50 new)
12    Sec. 26A-50. Enforcement of provisions.
13    (a) Violations of this Article are actionable in civil
14court. A student who is a parent, expectant parent, or victim
15of gender-based violence has a cause of action against any
16school or school district that fails to exercise due diligence
17in responding to the student who is a parent, expectant parent,
18or victim of gender-based violence whose status it knew or
19should have known about.
20    (b) A prevailing student shall be entitled to all relief
21that would make him or her whole. This relief may include, but
22is not limited to, all of the following:
23        (1) Declaratory relief.
24        (2) Injunctive relief.
25        (3) Recovery of costs and attorney's fees, including,

 

 

10100SB0449sam001- 51 -LRB101 04210 AXK 57991 a

1    but not limited to, costs for expert testimony and witness
2    fees.
3        (4) Compensatory damages, including, but not limited
4    to:
5            (A) economic loss, including damage, destruction
6        or loss of use of personal property, and loss of past
7        or future earning capacity; and
8            (B) damages for personal injury, disease, or
9        mental and emotional harm, including medical,
10        rehabilitation, pain and suffering, and physical
11        impairment.
12        (5) Punitive damages.
 
13    (105 ILCS 5/26A-55 new)
14    Sec. 26A-55. Prohibited practices. No school or school
15district may take any adverse action against a student who is a
16parent, expectant parent, or victim of gender-based violence
17because the student or his or her parent or guardian (i)
18exercises or attempts to exercise his or her rights under this
19Article, (ii) opposes practices that the student or his or her
20parent or guardian believes to be in violation of this Article,
21or (iii) supports the exercise of the rights of another under
22this Article. Exercising rights under this Article includes,
23but is not limited to, filing an action, instituting or causing
24to be instituted any proceeding under or related to this
25Article, or in any manner requesting, availing himself or

 

 

10100SB0449sam001- 52 -LRB101 04210 AXK 57991 a

1herself of, or declining any of the provisions of this Article,
2including, but not limited to, accommodations or services.
 
3    (105 ILCS 5/27A-5)
4    Sec. 27A-5. Charter school; legal entity; requirements.
5    (a) A charter school shall be a public, nonsectarian,
6nonreligious, non-home based, and non-profit school. A charter
7school shall be organized and operated as a nonprofit
8corporation or other discrete, legal, nonprofit entity
9authorized under the laws of the State of Illinois.
10    (b) A charter school may be established under this Article
11by creating a new school or by converting an existing public
12school or attendance center to charter school status. Beginning
13on April 16, 2003 (the effective date of Public Act 93-3), in
14all new applications to establish a charter school in a city
15having a population exceeding 500,000, operation of the charter
16school shall be limited to one campus. The changes made to this
17Section by Public Act 93-3 do not apply to charter schools
18existing or approved on or before April 16, 2003 (the effective
19date of Public Act 93-3).
20    (b-5) In this subsection (b-5), "virtual-schooling" means
21a cyber school where students engage in online curriculum and
22instruction via the Internet and electronic communication with
23their teachers at remote locations and with students
24participating at different times.
25    From April 1, 2013 through December 31, 2016, there is a

 

 

10100SB0449sam001- 53 -LRB101 04210 AXK 57991 a

1moratorium on the establishment of charter schools with
2virtual-schooling components in school districts other than a
3school district organized under Article 34 of this Code. This
4moratorium does not apply to a charter school with
5virtual-schooling components existing or approved prior to
6April 1, 2013 or to the renewal of the charter of a charter
7school with virtual-schooling components already approved
8prior to April 1, 2013.
9    On or before March 1, 2014, the Commission shall submit to
10the General Assembly a report on the effect of
11virtual-schooling, including without limitation the effect on
12student performance, the costs associated with
13virtual-schooling, and issues with oversight. The report shall
14include policy recommendations for virtual-schooling.
15    (c) A charter school shall be administered and governed by
16its board of directors or other governing body in the manner
17provided in its charter. The governing body of a charter school
18shall be subject to the Freedom of Information Act and the Open
19Meetings Act.
20    (d) For purposes of this subsection (d), "non-curricular
21health and safety requirement" means any health and safety
22requirement created by statute or rule to provide, maintain,
23preserve, or safeguard safe or healthful conditions for
24students and school personnel or to eliminate, reduce, or
25prevent threats to the health and safety of students and school
26personnel. "Non-curricular health and safety requirement" does

 

 

10100SB0449sam001- 54 -LRB101 04210 AXK 57991 a

1not include any course of study or specialized instructional
2requirement for which the State Board has established goals and
3learning standards or which is designed primarily to impart
4knowledge and skills for students to master and apply as an
5outcome of their education.
6    A charter school shall comply with all non-curricular
7health and safety requirements applicable to public schools
8under the laws of the State of Illinois. On or before September
91, 2015, the State Board shall promulgate and post on its
10Internet website a list of non-curricular health and safety
11requirements that a charter school must meet. The list shall be
12updated annually no later than September 1. Any charter
13contract between a charter school and its authorizer must
14contain a provision that requires the charter school to follow
15the list of all non-curricular health and safety requirements
16promulgated by the State Board and any non-curricular health
17and safety requirements added by the State Board to such list
18during the term of the charter. Nothing in this subsection (d)
19precludes an authorizer from including non-curricular health
20and safety requirements in a charter school contract that are
21not contained in the list promulgated by the State Board,
22including non-curricular health and safety requirements of the
23authorizing local school board.
24    (e) Except as otherwise provided in the School Code, a
25charter school shall not charge tuition; provided that a
26charter school may charge reasonable fees for textbooks,

 

 

10100SB0449sam001- 55 -LRB101 04210 AXK 57991 a

1instructional materials, and student activities.
2    (f) A charter school shall be responsible for the
3management and operation of its fiscal affairs including, but
4not limited to, the preparation of its budget. An audit of each
5charter school's finances shall be conducted annually by an
6outside, independent contractor retained by the charter
7school. To ensure financial accountability for the use of
8public funds, on or before December 1 of every year of
9operation, each charter school shall submit to its authorizer
10and the State Board a copy of its audit and a copy of the Form
11990 the charter school filed that year with the federal
12Internal Revenue Service. In addition, if deemed necessary for
13proper financial oversight of the charter school, an authorizer
14may require quarterly financial statements from each charter
15school.
16    (g) A charter school shall comply with all provisions of
17this Article, the Illinois Educational Labor Relations Act, all
18federal and State laws and rules applicable to public schools
19that pertain to special education and the instruction of
20English learners, and its charter. A charter school is exempt
21from all other State laws and regulations in this Code
22governing public schools and local school board policies;
23however, a charter school is not exempt from the following:
24        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
25    criminal history records checks and checks of the Statewide
26    Sex Offender Database and Statewide Murderer and Violent

 

 

10100SB0449sam001- 56 -LRB101 04210 AXK 57991 a

1    Offender Against Youth Database of applicants for
2    employment;
3        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
4    34-84a of this Code regarding discipline of students;
5        (3) the Local Governmental and Governmental Employees
6    Tort Immunity Act;
7        (4) Section 108.75 of the General Not For Profit
8    Corporation Act of 1986 regarding indemnification of
9    officers, directors, employees, and agents;
10        (5) the Abused and Neglected Child Reporting Act;
11        (5.5) subsection (b) of Section 10-23.12 and
12    subsection (b) of Section 34-18.6 of this Code;
13        (6) the Illinois School Student Records Act;
14        (7) Section 10-17a of this Code regarding school report
15    cards;
16        (8) the P-20 Longitudinal Education Data System Act;
17        (9) Section 27-23.7 of this Code regarding bullying
18    prevention;
19        (10) Section 2-3.162 of this Code regarding student
20    discipline reporting;
21        (11) Sections 22-80 and 27-8.1 of this Code;
22        (12) Sections 10-20.60 and 34-18.53 of this Code;
23        (13) Sections 10-20.63 and 34-18.56 of this Code; and
24        (14) Section 26-18 of this Code; and
25        (15) Section 22-30 of this Code; and .
26        (16) Article 26A.

 

 

10100SB0449sam001- 57 -LRB101 04210 AXK 57991 a

1    The change made by Public Act 96-104 to this subsection (g)
2is declaratory of existing law.
3    (h) A charter school may negotiate and contract with a
4school district, the governing body of a State college or
5university or public community college, or any other public or
6for-profit or nonprofit private entity for: (i) the use of a
7school building and grounds or any other real property or
8facilities that the charter school desires to use or convert
9for use as a charter school site, (ii) the operation and
10maintenance thereof, and (iii) the provision of any service,
11activity, or undertaking that the charter school is required to
12perform in order to carry out the terms of its charter.
13However, a charter school that is established on or after April
1416, 2003 (the effective date of Public Act 93-3) and that
15operates in a city having a population exceeding 500,000 may
16not contract with a for-profit entity to manage or operate the
17school during the period that commences on April 16, 2003 (the
18effective date of Public Act 93-3) and concludes at the end of
19the 2004-2005 school year. Except as provided in subsection (i)
20of this Section, a school district may charge a charter school
21reasonable rent for the use of the district's buildings,
22grounds, and facilities. Any services for which a charter
23school contracts with a school district shall be provided by
24the district at cost. Any services for which a charter school
25contracts with a local school board or with the governing body
26of a State college or university or public community college

 

 

10100SB0449sam001- 58 -LRB101 04210 AXK 57991 a

1shall be provided by the public entity at cost.
2    (i) In no event shall a charter school that is established
3by converting an existing school or attendance center to
4charter school status be required to pay rent for space that is
5deemed available, as negotiated and provided in the charter
6agreement, in school district facilities. However, all other
7costs for the operation and maintenance of school district
8facilities that are used by the charter school shall be subject
9to negotiation between the charter school and the local school
10board and shall be set forth in the charter.
11    (j) A charter school may limit student enrollment by age or
12grade level.
13    (k) If the charter school is approved by the Commission,
14then the Commission charter school is its own local education
15agency.
16(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
17eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1899-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
19100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
201-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
21eff. 8-14-18; revised 10-5-18.)
 
22    (105 ILCS 5/34-18.24)
23    Sec. 34-18.24. Transfer of students.
24    (a) The board shall establish and implement a policy
25governing the transfer of a student from one attendance center

 

 

10100SB0449sam001- 59 -LRB101 04210 AXK 57991 a

1to another within the school district upon the request of the
2student's parent or guardian. A student may not transfer to any
3of the following attendance centers, except by change in
4residence if the policy authorizes enrollment based on
5residence in an attendance area or unless approved by the board
6on an individual basis:
7        (1) An attendance center that exceeds or as a result of
8    the transfer would exceed its attendance capacity.
9        (2) An attendance center for which the board has
10    established academic criteria for enrollment if the
11    student does not meet the criteria.
12        (3) Any attendance center if the transfer would prevent
13    the school district from meeting its obligations under a
14    State or federal law, court order, or consent decree
15    applicable to the school district.
16(b) The board shall establish and implement a policy governing
17the transfer of students within the school district from a
18persistently dangerous attendance center to another attendance
19center in that district that is not deemed to be persistently
20dangerous. In order to be considered a persistently dangerous
21attendance center, the attendance center must meet all of the
22following criteria for 2 consecutive years:
23        (1) Have greater than 3% of the students enrolled in
24    the attendance center expelled for violence-related
25    conduct.
26        (2) Have one or more students expelled for bringing a

 

 

10100SB0449sam001- 60 -LRB101 04210 AXK 57991 a

1    firearm to school as defined in 18 U.S.C. 921.
2        (3) Have at least 3% of the students enrolled in the
3    attendance center exercise the individual option to
4    transfer attendance centers pursuant to subsection (c) of
5    this Section.
6    (c) A student may transfer from one attendance center to
7another attendance center within the district if the student is
8a victim of a violent crime as defined in Section 3 of the
9Rights of Crime Victims and Witnesses Act. The violent crime
10must have occurred on school grounds during regular school
11hours or during a school-sponsored event.
12    (d) (Blank).
13    (e) Notwithstanding any other provision of this Code, a
14student who is a victim of gender-based violence, as defined in
15Article 26A, must be permitted to transfer schools immediately
16and as needed, including to a school in another school
17district, if the student's continued attendance at a particular
18attendance center, school facility, or school location poses a
19risk to the student's mental or physical well-being or safety.
20A transfer under this subsection within the school district
21must be considered before a transfer into a different school
22district. A school district must waive tuition for a student
23who transfers under this subsection to the school district and
24is a nonresident. A student who transfers to another school
25under this subsection due to gender-based violence must have
26full and immediate access to extracurricular activities and any

 

 

10100SB0449sam001- 61 -LRB101 04210 AXK 57991 a

1programs or activities offered by or under the auspices of the
2school to which the student has transferred. No adverse or
3prejudicial effects may result to any student who is a victim
4of gender-based violence because of the student availing
5himself or herself of or declining the provisions of this
6subsection.
7(Source: P.A. 100-1046, eff. 8-23-18.)
 
8    Section 10. The Illinois School Student Records Act is
9amended by changing Section 5 as follows:
 
10    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
11    Sec. 5. (a) A parent or any person specifically designated
12as a representative by a parent shall have the right to inspect
13and copy all school student permanent and temporary records of
14that parent's child, except if the child is a parent, expectant
15parent, or victim of gender-based violence, as defined in
16Article 26A. All information concerning a student's status and
17related experiences as a parent, expectant parent, or victim of
18gender-based violence, including a statement of the student or
19any other documentation, record, or corroborating evidence and
20the fact that the student has requested or obtained assistance,
21accommodations, or services related to that status, must be
22retained by the school in the strictest confidence. The
23information contained in the student's permanent or temporary
24record may be disclosed if, prior to disclosing the information

 

 

10100SB0449sam001- 62 -LRB101 04210 AXK 57991 a

1about a student's status as a parent, expectant parent, or
2victim of gender-based violence, the school notifies the
3student and discusses and addresses any health or safety
4concerns related to that disclosure. If the student's health or
5safety concerns are incapable of being satisfied to the
6student's satisfaction, the information concerning the
7student's status and related experiences as a parent, expectant
8parent, or victim of gender-based violence may not be disclosed
9as part of the student's permanent or temporary record.
10Enforcement of this exception is as provided in Section 26A-40.
11A student shall have the right to inspect and copy his or her
12school student permanent record. No person who is prohibited by
13an order of protection from inspecting or obtaining school
14records of a student pursuant to the Illinois Domestic Violence
15Act of 1986, as now or hereafter amended, shall have any right
16of access to, or inspection of, the school records of that
17student. If a school's principal or person with like
18responsibilities or his designee has knowledge of such order of
19protection, the school shall prohibit access or inspection of
20the student's school records by such person.
21    (b) Whenever access to any person is granted pursuant to
22paragraph (a) of this Section, at the option of either the
23parent or the school a qualified professional, who may be a
24psychologist, counsellor or other advisor, and who may be an
25employee of the school or employed by the parent, may be
26present to interpret the information contained in the student

 

 

10100SB0449sam001- 63 -LRB101 04210 AXK 57991 a

1temporary record. If the school requires that a professional be
2present, the school shall secure and bear any cost of the
3presence of the professional. If the parent so requests, the
4school shall secure and bear any cost of the presence of a
5professional employed by the school.
6    (c) A parent's or student's request to inspect and copy
7records, or to allow a specifically designated representative
8to inspect and copy records, must be granted within a
9reasonable time, and in no case later than 10 business days
10after the date of receipt of such request by the official
11records custodian.
12    (c-5) The time for response under this Section may be
13extended by the school district by not more than 5 business
14days from the original due date for any of the following
15reasons:
16        (1) the requested records are stored in whole or in
17    part at other locations than the office having charge of
18    the requested records;
19        (2) the request requires the collection of a
20    substantial number of specified records;
21        (3) the request is couched in categorical terms and
22    requires an extensive search for the records responsive to
23    it;
24        (4) the requested records have not been located in the
25    course of routine search and additional efforts are being
26    made to locate them;

 

 

10100SB0449sam001- 64 -LRB101 04210 AXK 57991 a

1        (5) the request for records cannot be complied with by
2    the school district within the time limits prescribed by
3    subsection (c) of this Section without unduly burdening or
4    interfering with the operations of the school district; or
5        (6) there is a need for consultation, which shall be
6    conducted with all practicable speed, with another public
7    body or school district or among 2 or more components of a
8    public body or school district having a substantial
9    interest in the determination or in the subject matter of
10    the request.
11    The person making a request and the school district may
12agree in writing to extend the time for compliance for a period
13to be determined by the parties. If the requester and the
14school district agree to extend the period for compliance, a
15failure by the school district to comply with any previous
16deadlines shall not be treated as a denial of the request for
17the records.
18    (d) The school may charge its reasonable costs for the
19copying of school student records, not to exceed the amounts
20fixed in schedules adopted by the State Board, to any person
21permitted to copy such records, except that no parent or
22student shall be denied a copy of school student records as
23permitted under this Section 5 for inability to bear the cost
24of such copying.
25    (e) Nothing contained in this Section 5 shall make
26available to a parent or student confidential letters and

 

 

10100SB0449sam001- 65 -LRB101 04210 AXK 57991 a

1statements of recommendation furnished in connection with
2applications for employment to a post-secondary educational
3institution or the receipt of an honor or honorary recognition,
4provided such letters and statements are not used for purposes
5other than those for which they were specifically intended, and
6        (1) were placed in a school student record prior to
7    January 1, 1975; or
8        (2) the student has waived access thereto after being
9    advised of his right to obtain upon request the names of
10    all such persons making such confidential recommendations.
11    (f) Nothing contained in this Act shall be construed to
12impair or limit the confidentiality of:
13        (1) Communications otherwise protected by law as
14    privileged or confidential, including but not limited to,
15    information communicated in confidence to a physician,
16    psychologist or other psychotherapist, school social
17    worker, school counselor, school psychologist, or school
18    social worker, school counselor, or school psychologist
19    intern who works under the direct supervision of a school
20    social worker, school counselor, or school psychologist;
21    or
22        (2) Information which is communicated by a student or
23    parent in confidence to school personnel; or
24        (3) Information which is communicated by a student,
25    parent, or guardian to a law enforcement professional
26    working in the school, except as provided by court order.

 

 

10100SB0449sam001- 66 -LRB101 04210 AXK 57991 a

1    (g) No school employee shall be subjected to adverse
2employment action, the threat of adverse employment action, or
3any manner of discrimination because the employee is acting or
4has acted to protect communications as privileged or
5confidential pursuant to applicable provisions of State or
6federal law or rule or regulation.
7(Source: P.A. 100-532, eff. 9-22-17.)
 
8    Section 990. The State Mandates Act is amended by adding
9Section 8.43 as follows:
 
10    (30 ILCS 805/8.43 new)
11    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
12of this Act, no reimbursement by the State is required for the
13implementation of any mandate created by this amendatory Act of
14the 101st General Assembly.
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.".