HB3173sam002 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 10/19/2021

10200HB3173sam002 LRB102 12521 CMG 29997 a

AMENDMENT TO HOUSE BILL 3173

AMENDMENT NO. ______. Amend House Bill 3173, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. "An Act concerning education", approved August 20, 2021, Public Act 102-466, is amended by changing Section 99 as follow:

(P.A. 102-466, Sec. 99)

Sec. 99. Effective date. This Act takes effect July 1, 2022, except that the provisions adding Section 26A-30 to the School Code take effect on July 1, 2023 2025.

(Source: P.A. 102-466, Sec. 99.)

Section 10. The School Code is amended by changing Sections 10-22.6, 10-22.6a, 26A-15, 26A-20, 26A-25, 26A-30, 26A-40, and 26A-45 as follows:

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

(Text of Section before amendment by P.A. 102-466)

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

(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, pursuant to subsection (b-20) of this Section, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. If the board acts to expel a pupil, the written expulsion decision shall detail the specific reasons why removing the pupil from the learning environment is in the best interest of the school. The expulsion decision shall also include a rationale as to the specific duration of the expulsion. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, pursuant to subsections (b-15) and (b-20) of this Section, and no action shall lie against them for such suspension. The board may by policy authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons.

Any suspension shall be reported immediately to the parents or guardian of a pupil along with a full statement of the reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the parents or guardian, the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review, the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. If a student is suspended pursuant to this subsection (b), the board shall, in the written suspension decision, detail the specific act of gross disobedience or misconduct resulting in the decision to suspend. The suspension decision shall also include a rationale as to the specific duration of the suspension. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b-5) Among the many possible disciplinary interventions and consequences available to school officials, school exclusions, such as out-of-school suspensions and expulsions, are the most serious. School officials shall limit the number and duration of expulsions and suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educational purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to using out-of-school suspensions or expulsions.

(b-10) Unless otherwise required by federal law or this Code, school boards may not institute zero-tolerance policies by which school administrators are required to suspend or expel students for particular behaviors.

(b-15) Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities. For purposes of this subsection (b-15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of suspensions to the greatest extent practicable.

(b-20) Unless otherwise required by this Code, out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would either (i) pose a threat to the safety of other students, staff, or members of the school community or (ii) substantially disrupt, impede, or interfere with the operation of the school. For purposes of this subsection (b-20), "threat to the safety of other students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subsection (b-20), the determination of whether "appropriate and available behavioral and disciplinary interventions have been exhausted" shall be made by school officials. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of student exclusions to the greatest extent practicable. Within the suspension decision described in subsection (b) of this Section or the expulsion decision described in subsection (a) of this Section, it shall be documented whether other interventions were attempted or whether it was determined that there were no other appropriate and available interventions.

(b-25) Students who are suspended out-of-school for longer than 4 school days shall be provided appropriate and available support services during the period of their suspension. For purposes of this subsection (b-25), "appropriate and available support services" shall be determined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whether such services are to be provided or whether it was determined that there are no such appropriate and available services.

A school district may refer students who are expelled to appropriate and available support services.

A school district shall create a policy to facilitate the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting.

(b-30) A school district shall create a policy by which suspended pupils, including those pupils suspended from the school bus who do not have alternate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the responsibility of a pupil's parent or guardian to notify school officials that a pupil suspended from the school bus does not have alternate transportation to school.

(c) A school board must invite a representative from a local mental health agency to consult with the board at the meeting whenever there is evidence that mental illness may be the cause of a student's expulsion or suspension.

(c-5) School districts shall make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, the appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis. A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year:

(1) A firearm. For the purposes of this Section, "firearm" means any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or firearm as defined in Section 24-1 of the Criminal Code of 2012. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.

(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code.

(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.

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

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

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school district if there is no threat to the safety of students or staff in the alternative program.

(h) School officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties.

(i) A student may not be issued a monetary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property.

(j) Subsections (a) through (i) of this Section shall apply to elementary and secondary schools, charter schools, special charter districts, and school districts organized under Article 34 of this Code.

(k) The expulsion of children enrolled in programs funded under Section 1C-2 of this Code is subject to the requirements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code.

(l) Beginning with the 2018-2019 school year, an in-school suspension program provided by a school district for any students in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. A school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program in kindergarten through grade 12.

(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)

(Text of Section after amendment by P.A. 102-466)

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

(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, pursuant to subsection (b-20) of this Section, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents or guardians have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. If the board acts to expel a pupil, the written expulsion decision shall detail the specific reasons why removing the pupil from the learning environment is in the best interest of the school. The expulsion decision shall also include a rationale as to the specific duration of the expulsion. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, pursuant to subsections (b-15) and (b-20) of this Section, and no action shall lie against them for such suspension. The board may by policy authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons.

Any suspension shall be reported immediately to the parents or guardians of a pupil along with a full statement of the reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the parents or guardians, the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review, the parents or guardians of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board, he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. If a student is suspended pursuant to this subsection (b), the board shall, in the written suspension decision, detail the specific act of gross disobedience or misconduct resulting in the decision to suspend. The suspension decision shall also include a rationale as to the specific duration of the suspension. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b-5) Among the many possible disciplinary interventions and consequences available to school officials, school exclusions, such as out-of-school suspensions and expulsions, are the most serious. School officials shall limit the number and duration of expulsions and suspensions to the greatest extent practicable, and it is recommended that they use them only for legitimate educational purposes. To ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider forms of non-exclusionary discipline prior to using out-of-school suspensions or expulsions.

(b-10) Unless otherwise required by federal law or this Code, school boards may not institute zero-tolerance policies by which school administrators are required to suspend or expel students for particular behaviors.

(b-15) Out-of-school suspensions of 3 days or less may be used only if the student's continuing presence in school would pose a threat to school safety or a disruption to other students' learning opportunities. For purposes of this subsection (b-15), "threat to school safety or a disruption to other students' learning opportunities" shall be determined on a case-by-case basis by the school board or its designee. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of suspensions to the greatest extent practicable.

(b-20) Unless otherwise required by this Code, out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been exhausted and the student's continuing presence in school would either (i) pose a threat to the safety of other students, staff, or members of the school community or (ii) substantially disrupt, impede, or interfere with the operation of the school. For purposes of this subsection (b-20), "threat to the safety of other students, staff, or members of the school community" and "substantially disrupt, impede, or interfere with the operation of the school" shall be determined on a case-by-case basis by school officials. For purposes of this subsection (b-20), the determination of whether "appropriate and available behavioral and disciplinary interventions have been exhausted" shall be made by school officials. School officials shall make all reasonable efforts to resolve such threats, address such disruptions, and minimize the length of student exclusions to the greatest extent practicable. Within the suspension decision described in subsection (b) of this Section or the expulsion decision described in subsection (a) of this Section, it shall be documented whether other interventions were attempted or whether it was determined that there were no other appropriate and available interventions.

(b-25) Students who are suspended out-of-school for longer than 4 school days shall be provided appropriate and available support services during the period of their suspension. For purposes of this subsection (b-25), "appropriate and available support services" shall be determined by school authorities. Within the suspension decision described in subsection (b) of this Section, it shall be documented whether such services are to be provided or whether it was determined that there are no such appropriate and available services.

A school district may refer students who are expelled to appropriate and available support services.

A school district shall create a policy to facilitate the re-engagement of students who are suspended out-of-school, expelled, or returning from an alternative school setting.

(b-30) A school district shall create a policy by which suspended pupils, including those pupils suspended from the school bus who do not have alternate transportation to school, shall have the opportunity to make up work for equivalent academic credit. It shall be the responsibility of a pupil's parents or guardians to notify school officials that a pupil suspended from the school bus does not have alternate transportation to school.

(b-35) In all suspension review hearings conducted under subsection (b) or expulsion hearings conducted under subsection (a), a student may disclose any factor to be considered in mitigation, including, but not limited to, his or her status as a parent, expectant parent, or victim of domestic or sexual violence, as defined in Article 26A, victim of bullying, experiencing the death of a family member, or other factors. A representative of the parent's or guardian's choice, or of the student's choice if emancipated, must be permitted to represent the student throughout the proceedings and to address the school board or its appointed hearing officer. With the approval of the student's parent or guardian, or of the student if emancipated, a support person must be permitted to accompany the student to any disciplinary hearings or proceedings. The representative or support person must comply with any rules of the school district's hearing process. If the representative or support person violates the rules or engages in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or anyone else in attendance at the hearing, the representative or support person may be prohibited from further participation in the hearing or proceeding. A suspension or expulsion proceeding under this subsection (b-35) must be conducted independently from any ongoing criminal investigation or proceeding, and an absence of pending or possible criminal charges, criminal investigations, or proceedings may not be a factor in school disciplinary decisions.

(b-40) During a suspension review hearing conducted under subsection (b) or an expulsion hearing conducted under subsection (a) that involves allegations of domestic or sexual violence or gender-based harassment by the student who is subject to discipline, neither the student nor his or her representative shall directly question nor have direct contact with the alleged victim. The student who is subject to discipline or his or her representative may, at the discretion and direction of the school board or its appointed hearing officer, suggest questions to be posed by the school board or its appointed hearing officer to the alleged victim.

(c) A school board must invite a representative from a local mental health agency to consult with the board at the meeting whenever there is evidence that mental illness may be the cause of a student's expulsion or suspension.

(c-5) School districts shall make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, the appropriate and available supportive services for the promotion of student attendance and engagement, and developmentally appropriate disciplinary methods that promote positive and healthy school climates.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis. A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year:

(1) A firearm. For the purposes of this Section, "firearm" means any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or firearm as defined in Section 24-1 of the Criminal Code of 2012. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.

(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code.

(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case-by-case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.

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

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

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school district if there is no threat to the safety of students or staff in the alternative program. A school district that adopts a policy under this subsection (g) must include a provision allowing for consideration of any mitigating factors, including, but not limited to, a student's status as a parent, expectant parent, or victim of domestic or sexual violence, as defined in Article 26A, victim of bullying, experiencing the death of a family member, or other factors.

(h) School officials shall not advise or encourage students to drop out voluntarily due to behavioral or academic difficulties.

(i) A student may not be issued a monetary fine or fee as a disciplinary consequence, though this shall not preclude requiring a student to provide restitution for lost, stolen, or damaged property.

(j) Subsections (a) through (i) of this Section shall apply to elementary and secondary schools, charter schools, special charter districts, and school districts organized under Article 34 of this Code.

(k) The expulsion of children enrolled in programs funded under Section 1C-2 of this Code is subject to the requirements under paragraph (7) of subsection (a) of Section 2-3.71 of this Code.

(l) Beginning with the 2018-2019 school year, an in-school suspension program provided by a school district for any students in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other students and school personnel. A school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program in kindergarten through grade 12.

(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; revised 9-23-21.)

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

(Text of Section before amendment by P.A. 102-466)

Sec. 10-22.6a. To provide by home instruction, correspondence courses or otherwise courses of instruction for pupils who are unable to attend school because of pregnancy. Such instruction shall be provided to the pupil (1) before the birth of the child when the pupil's physician, physician assistant, or advanced practice nurse has indicated to the district, in writing, that the pupil is medically unable to attend regular classroom instruction and (2) for up to 3 months following the birth of the child or a miscarriage. The instruction course shall be designed to offer educational experiences that are equivalent to those given to pupils at the same grade level in the district and that are designed to enable the pupil to return to the classroom.

(Source: P.A. 100-443, eff. 8-25-17.)

(Text of Section after amendment by P.A. 102-466)

Sec. 10-22.6a. Home instruction; correspondence courses.

(a) To provide by home instruction, correspondence courses or otherwise courses of instruction for a pupil who is unable to attend school because of pregnancy or pregnancy-related conditions, the fulfillment of parenting obligations related to the health of the child, or health and safety concerns arising from domestic or sexual violence, as defined in Article 26A. Such instruction shall be provided to the pupil at each of the following times:

(1) Before the birth of the child when the pupil's physician, physician assistant, or advanced practice registered nurse has indicated to the district, in writing, that the pupil is medically unable to attend regular classroom instruction.

(2) For up to 3 months following the birth of the child or a miscarriage.

(3) When the pupil must care for his or her ill child if (i) the child's physician, physician assistant, or advanced practice registered nurse has indicated to the district, in writing, that the child has a serious health condition that would require the pupil to be absent from school for 2 or more consecutive weeks and (ii) the pupil or the pupil's parent or guardian indicates to the district, in writing, that the pupil is needed to provide care to the child during this period. In this paragraph (3), "serious health condition" means an illness, injury, impairment, or physical or mental health condition that involves inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider that is not controlled by medication alone.

(4) The pupil must treat physical or mental health complications or address safety concerns arising from domestic or sexual violence when a healthcare provider or a qualified an employee of the pupil's domestic or sexual violence organization, as defined in Article 26A has indicated to the district, in writing, that the care is needed by the pupil and will cause the pupil's absence from school for 2 or more consecutive weeks. For purposes of this paragraph (4), a qualified employee includes an advocate, counselor, therapist, supervisor, or executive director working at a rape crisis organization, as defined in Section 8-802.1 of the Code of Civil Procedure, a domestic violence program, as defined in Section 227 of the Illinois Domestic Violence Act of 1986, or an accredited children's advocacy center.

A school district may reassess home instruction provided to a pupil under paragraph (3) or (4) every 2 months to determine the pupil's continuing need for instruction under this Section.

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

(b) Notwithstanding any other provision of this Code or State law to the contrary, if a pupil is unable to attend regular classes because of the reasons set forth in subsection (a) and has participated in instruction under this Section that is administered by the school or the school district, then the pupil may not be penalized for grading purposes or be denied course completion, a return to regular classroom instruction, grade level advancement, or graduation solely on the basis of the pupil's participation in instruction under this Section or the pupil's absence from the regular education program during the period of instruction under this Section. A school or school district may not use instruction under this Section to replace making support services available so that pupils who are parents, expectant parents, or victims of domestic or sexual violence may receive regular classroom instruction.

(Source: P.A. 102-466, eff. 7-1-25.)

(105 ILCS 5/26A-15)

(This Section may contain text from a Public Act with a delayed effective date)

(Section scheduled to be repealed on December 31, 2025)

Sec. 26A-15. Ensuring Success in School Task Force.

(a) The Ensuring Success in School Task Force is created to draft and publish model policies and intergovernmental agreements for inter-district transfers; draft and publish model complaint resolution procedures as required in subsection (c) of Section 26A-25; identify current mandatory educator and staff training and additional new trainings needed to meet the requirements as required in Section 26A-25 and Section 26A-35. These recommended policies and agreements shall be survivor-centered and rooted in trauma-informed responses and used to support all students, from pre-kindergarten through grade 12, who are survivors of domestic or sexual violence, regardless of whether the perpetrator is school-related or not, or who are parenting or pregnant, regardless of whether the school is a public school, nonpublic school, or charter school.

(b) The Task Force shall be representative of the geographic, racial, ethnic, sexual orientation, gender identity, and cultural diversity of this State. The Task Force shall consist of all of the following members, who must be appointed no later than 60 days after the effective date of this amendatory Act of the 102nd General Assembly:

(1) One Representative appointed by the Speaker of the House of Representatives.

(2) One Representative appointed by the Minority Leader of the House of Representatives.

(3) One Senator appointed by the President of the Senate.

(4) One Senator appointed by the Minority Leader of the Senate.

(5) One member who represents a State-based organization that advocates for lesbian, gay, bisexual, transgender, and queer people appointed by the State Superintendent of Education.

(6) One member who represents a State-based, nonprofit, nongovernmental organization that advocates for survivors of domestic violence appointed by the State Superintendent of Education.

(7) One member who represents a statewide, nonprofit, nongovernmental organization that advocates for survivors of sexual violence appointed by the State Superintendent of Education.

(8) One member who represents a statewide, nonprofit, nongovernmental organization that offers free legal services, including victim's rights representation, to survivors of domestic violence or sexual violence appointed by the State Superintendent of Education.

(9) One member who represents an organization that advocates for pregnant or parenting youth appointed by the State Superintendent of Education.

(10) One member who represents a youth-led organization with expertise in domestic and sexual violence appointed by the State Superintendent of Education.

(11) One member who represents the Children's Advocacy Centers of Illinois appointed by the State Superintendent of Education.

(12) One representative of the State Board of Education appointed by the State Superintendent of Education.

(13) One member who represents a statewide organization of social workers appointed by the State Superintendent of Education.

(14) One member who represents a statewide organization for school psychologists appointed by the State Superintendent of Education.

(15) One member who represents a statewide organization of school counselors appointed by the State Superintendent of Education.

(16) One member who represents a statewide professional teachers' organization appointed by the State Superintendent of Education.

(17) One member who represents a different statewide professional teachers' organization appointed by the State Superintendent of Education.

(18) One member who represents a statewide organization for school boards appointed by the State Superintendent of Education.

(19) One member who represents a statewide organization for school principals appointed by the State Superintendent of Education.

(20) One member who represents a school district organized under Article 34 appointed by the State Superintendent of Education.

(21) One member who represents an association representing rural school superintendents appointed by the State Superintendent of Education.

(c) The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation.

(d) On or before January 1, 2024 June 30, 2024, the Task Force shall report its work, including model policies, guidance recommendations, and agreements, to the Governor and the General Assembly. The report must include all of the following:

(1) Recommendations for language to include in school and district policies and procedures Model school and district policies to facilitate inter-district transfers for student survivors of domestic or sexual violence, expectant parents, and parents. The recommended language These policies shall place high value on being accessible and expeditious for student survivors and pregnant and parenting students.

(2) Recommendations for language to include in school and district policies and procedures Model school and district policies to ensure confidentiality and privacy considerations for student survivors of domestic or sexual violence, expectant parents, and parents. The recommended language These policies must include guidance regarding appropriate referrals for nonschool-based services.

(3) Recommendations for language to include in Model school and district complaint resolution procedures as prescribed by Section 26A-25.

(4) Guidance for schools and districts regarding which mandatory training that is currently required for educator licenses or under State or federal law would be suitable to fulfill training requirements for resource personnel as prescribed by Section 26A-35 and for the staff tasked with implementing the complaint resolution procedure as prescribed by Section 26A-25. The guidance shall evaluate all relevant mandatory or recommended training, including, but not limited to, the training required under subsection (j) of Section 4 of the Abused and Neglected Child Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and 27-23.7 of this Code, and subsections (d) and (f) of Section 10-22.39 of this Code, and Section 3.10 of the Critical Health Problems and Comprehensive Health Education Act. The guidance must also identify what gaps in training exist, including, but not limited to, training on trauma-informed responses and racial and gender equity, and make recommendations for the consolidation of duplicative training programs and for future training programs that should be required or recommended for the positions as prescribed by Sections 26A-25 and 26A-35.

(e) The Task Force is dissolved upon submission of its report under subsection (d).

(f) This Section is repealed on December 1, 2024 December 1, 2025.

(Source: P.A. 102-466, eff. 7-1-25.)

(105 ILCS 5/26A-20)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 26A-20. Review and revision of policies and procedures.

(a) No later than July 1, 2024 and every 2 years thereafter, each school district must review all existing policies and procedures and must revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any student who is a student parent, expectant student parent, or victim of domestic or sexual violence or any policies or procedures that may compromise a criminal investigation relating to domestic or sexual violence or may re-victimize students. A school district must adopt new policies and procedures, as needed, to implement this Section and to ensure that immediate and effective steps are taken to respond to students who are student parents, expectant parents, or victims of domestic or sexual violence.

(b) A school district's policy must be consistent with the recommendations of model policy and procedures adopted by the State Board of Education and under Public Act 101-531.

(c) A school district's policy shall specify where a student or parent may obtain or access, both in an electronic format or in a hard-copy format, on the district's procedures that a student or his or her parent or guardian may follow if he or she chooses to report an incident of alleged domestic or sexual violence. The procedures, which shall be readily accessible to students and parents on the district's website and in a hard-copy format upon the request of any individual, must, at a minimum, include all of the following information:

(1) The name and contact information for domestic or sexual violence and parenting resource personnel, the Title IX coordinator, school and school district resource officers or security personnel, and a community-based domestic or sexual violence organization.

(2) The name, title, and contact information for confidential resources within the school and school district and a description of what confidential reporting means.

(3) An option for the student or the student's parent or guardian to electronically, anonymously, and confidentially report the incident.

(4) An option for reports by third parties and bystanders.

(5) Information regarding the various individuals or , departments within the school and school district , or organizations to whom a student may report an incident of domestic or sexual violence, specifying for each individual or department entity (i) the extent of the individual's or department's entity's reporting obligation to the school's or school district's administration, Title IX coordinator, or other personnel or department entity, (ii) the individual's or department's entity's ability to protect the student's privacy, and (iii) the extent of the individual's or entity's ability to have confidential communications with the student or his or her parent or guardian. The procedures must contain a statement that students and parents are advised to inquire directly with any outside domestic or sexual violence organization as to the organization's reporting obligations and ability to keep information confidential.

(6) The adoption of a complaint resolution procedure as provided in Section 26A-25.

(d) A school district must post its revised policies and procedures on its website, distribute them at the beginning of each school year to each student, and upon request, make copies available to each student and his or her parent or guardian for inspection and copying at no cost to the student or parent or guardian at each school within a school district.

(Source: P.A. 102-466, eff. 7-1-25.)

(105 ILCS 5/26A-25)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 26A-25. Complaint resolution procedure.

(a) On or before July 1, 2024, each school district must adopt one procedure to resolve complaints of violations of this amendatory Act of the 102nd General Assembly. The respondent must be one or more of the following: the school, school district, or school personnel. These procedures shall comply with the confidentiality provisions of Sections 26A-20 and 26A-30. The procedures must include, at minimum, all of the following:

(1) The opportunity to consider the most appropriate means to execute the procedure considering school safety, the developmental level of students, methods to reduce trauma during the procedure, and how to avoid multiple communications with students involved with an alleged incident of domestic or sexual violence.

(2) Any proceeding, meeting, or hearing held to resolve complaints of any violation of this amendatory Act of the 102nd General Assembly must protect the privacy of the participating parties and witnesses. A school, school district, or school personnel may not disclose the identity of parties or witnesses, except as necessary to resolve the complaint or to implement interim protective measures and reasonable support services or when required by State or federal law.

(3) Complainants alleging violations of this amendatory Act of the 102nd General Assembly must have the opportunity to request that the complaint resolution procedure begin promptly and proceed in a timely manner.

(b) A school district must determine the individuals who will resolve complaints of violations of this amendatory Act of the 102nd General Assembly.

(1) All individuals whose duties include resolution of complaints of violations of this amendatory Act of the 102nd General Assembly must complete a minimum of 8 hours of training on issues related to domestic and sexual violence which may include the in-service training required under subsection (d) of 10-22.39, Sections 3-11, 10-23.12, 10-23.13, and 27-23.7 of this Code, Section 3.10 of the Critical Health Problems and Comprehensive Health Education Act, and Section 4 of the Abused and Neglected Child Reporting Act and additional training on how to conduct the school's complaint resolution procedure, which may include the in-service training required under subsection (d) of Section 10-22.39, before commencement of those duties, and must receive a minimum of 6 hours of such training annually thereafter. Training related to domestic and sexual violence, child sexual abuse, the Abused and Neglected Child Reporting Act, and conducting the school's complaint resolution procedures This training must be conducted by an individual or individuals with expertise in domestic or sexual violence in youth and expertise in developmentally appropriate communications with elementary and secondary school students regarding topics of a sexual, violent, or sensitive nature.

(2) Each school must have a sufficient number of individuals trained to resolve complaints so that (i) a substitution can occur in the case of a conflict of interest or recusal, (ii) an individual with no prior involvement in the initial determination or finding may hear any appeal brought by a party, and (iii) the complaint resolution procedure proceeds in a timely manner.

(3) The complainant and any witnesses shall (i) receive notice of the name of the individual with authority to make a finding or approve an accommodation in the proceeding before the individual may initiate contact with the complainant and any witnesses and (ii) have the opportunity to request a substitution if the participation of an individual with authority to make a finding or approve an accommodation poses a conflict of interest.

(c) When the alleged violation of this amendatory Act of the 102nd General Assembly involves making a determination or finding of responsibility of causing harm:

(1) The individual making the finding must use a preponderance of evidence standard to determine whether the incident occurred.

(2) The complainant and respondent and any witnesses may not directly or through a representative question one another. At the discretion of the individual resolving the complaint, the complainant and the respondent may suggest questions to be posed by the individual resolving the complaint and if the individual resolving the complaint decides to pose such questions.

(3) A live hearing is not required. If the complaint resolution procedure includes a hearing, no student who is a witness, including the complainant, may be compelled to testify in the presence of a party or other witness. If a witness invokes this right to testify outside the presence of the other party or other witnesses, then the school district must provide an option by which each party may, at a minimum, hear such witnesses' testimony.

(d) Each party and witness may request and must be allowed to have a representative or support persons of their choice accompany them to any meeting or proceeding related to the alleged violence or violation of this amendatory Act of the 102nd General Assembly if the involvement of the representative or support persons does not result in undue delay of the meeting or proceeding. This representative or support persons must comply with any rules of the school district's complaint resolution procedure. If the representative or support persons violate the rules or engage in behavior or advocacy that harasses, abuses, or intimidates either part, a witness, or an individual resolving the complaint, the representative or support person may be prohibited from further participation in the meeting or proceeding.

(e) The complainant, regardless of the level of involvement in the complaint resolution procedure, and the respondent must have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure.

(f) The complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure, are entitled to simultaneous written notification of the results of the complaint resolution procedure, including information regarding appeals rights and procedures, within 10 business days after a decision or sooner if required by State or federal law or district policy.

(1) The complainant, respondents, and named perpetrator if directly impacted by the results of the complaint resolution procedure must, at a minimum, have the right to timely appeal the complaint resolution procedure's findings or remedies if a party alleges (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the proceeding, (iii) the remedy is not sufficiently related to the finding, or (iv) the decision is against the weight of the evidence.

(2) An individual reviewing the findings or remedies may not have previously participated in the complaint resolution procedure and may not have a conflict of interest with either party.

(3) The complainant and respondent and any perpetrators directly impacted by the results of the complaint resolution procedure must receive the appeal decision, in writing, within 10 business days, but never more than 15 business days, after the conclusion of the review of findings or remedies or sooner if required by State or federal law.

(g) Each school district must have a procedure to determine interim protective measures and support services available pending the resolution of the complaint including the implementation of court orders.

(Source: P.A. 102-466, eff. 7-1-25.)

(105 ILCS 5/26A-30)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 26A-30. Confidentiality.

(a) Each school district must adopt and ensure that it has and implements a policy, which may be combined with and incorporated into the policy required under Section 26A-20 or other relevant existing policy, to ensure that all information concerning a student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, or a student who is a named perpetrator of domestic or sexual violence, provided to or otherwise obtained by an employee or agent of the school district or its employees or agents pursuant to this Code or otherwise, including a statement of the student or any other documentation, record, or corroborating evidence that the student has requested or obtained assistance, support, or services pursuant to this Code, shall be retained in the strictest of confidence by the employees or agents of the school district or its employees or agents and may not be disclosed to any other individual outside of the district, including any other employee, except if such disclosure is (i) permitted or required pursuant to the Abused and Neglected Child Reporting Act, current Title IX regulations prescribed by the U.S. Department of Education, by the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, or other applicable State or federal laws, or any professional code of ethics, policies, or standards that govern personnel who hold a professional educator license issued by the State Board of Education or other contractual professional staff working with students, (ii) requested or consented to, in writing, by the student or the student's parent or guardian if it is safe to obtain written consent from the student's parent or guardian, or (iii) deemed necessary to address imminent risk of serious physical injury or death of a student or other persons, including to the victim. Nothing in this Section shall prohibit any employee of the school district or contractual professional staff working with students who has received confidential information from seeking guidance and support from an appropriate administrator or the resource personnel as required in Section 26A-35 regarding a confidential disclosure, provided that no personally identifiable information about the student is disclosed. Nothing in this Section shall prohibit any employee of the school district or contractual professional staff working with students who has received confidential information about a student's status from disclosing information to the student's parent or guardian about any imminent risk of serious physical injury or death to the student or another person. If disclosing such risk does not require disclosing confidential information about a student's status, then the student's status must be shared.

Employees or agents of the school district must inform all minors 12 years of age or older of the availability of counseling without parental or guardian consent under Section 3-550 of the Mental Health and Developmental Disabilities Code.

(b) Prior to disclosing information about a student's status as a parent, expectant parent, or victim of domestic or sexual violence as permitted or required under subsection (a), a school must notify the student and, unless the student is at least 18 years of age or emancipated, the student's parent or guardian if it is determined to be safe to do so and discuss and address any safety concerns related to the disclosure, including instances in which the student indicates or the school or school district or its employees or agents are otherwise aware that the student's health or safety may be at risk if his or her status is disclosed to the student's parent or guardian, except as otherwise permitted by applicable State or federal law, including the Abused and Neglected Child Reporting Act, the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, and professional ethics policies that govern professional school personnel. Notwithstanding any other provision of this subsection, prior notification of the disclosure and the required discussion regarding safety shall not be required to the extent an employee or agent of the school district deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including to the victim. If prior notification is not able to be given, such notification shall be provided and safety concerns shall be discussed with the student as soon as practicable and without delay following the disclosure.

(c) No student may be required to testify publicly concerning his or her status as a victim of domestic or sexual violence, allegations of domestic or sexual violence, his or her status as a parent or expectant parent, or the student's efforts to enforce any of his or her rights under provisions of this Code relating to students who are parents, expectant parents, or victims of domestic or sexual violence.

(d) In the case of domestic or sexual violence, except (i) as permitted or required under State or federal law, including the Abused and Neglected Child Reporting Act, current Title IX regulations prescribed by the U.S. Department of Education, the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, and professional ethics, codes, policies or standards that govern personnel holding a professional educator license issued by the State Board of Education or other contractual professional staff working with students or (ii) to the extent that an employee or agent of the school district deems it necessary to address imminent risk of serious physical injury or death of a student or another person that a school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim, a school district must not contact the person named to be the perpetrator, the perpetrator's family, or any other person named by the student or named by the student's parent or guardian to be unsafe to contact to verify the violence. If a A school district contacts must not contact the perpetrator, the perpetrator's family, or any other person named by the student or the student's parent or guardian to be unsafe for any other reason, as permitted or required under this Section, the school district shall provide without providing prior written notice to the student in a written and developmentally appropriate manner if the minor is 12 years of age or older. For minors under the age of 12 years, the school district shall provide prior written notice to the student in a developmentally appropriate manner, and if it is determined to be safe to do so, the student's parent or guardian.

Notwithstanding any other provision of this subsection to the contrary, prior written notice shall not be required to the extent that an employee or agent of the school district deems it necessary to address an imminent risk of serious physical injury or death of the student or another person, including to the victim. If prior written notification is not given, such notification shall be provided as soon as practicable and without delay following the disclosure to the student, and, unless the student is over the age of 18 years, emancipated, or if it is determined to be safe, to the parent or guardian.

Nothing in this Section prohibits the school, or school district, or its employees or agents from taking other steps to investigate the violence or from contacting persons not named by the student or the student's parent or guardian as unsafe to contact. Nothing in this Section prohibits the school, or school district, or its employees or agents from taking reasonable steps to protect students, including the victim. If the reasonable steps taken to protect students, including the victim, involve conduct that is prohibited under this subsection, the school must provide notice of the actions that were taken explaining why the actions were necessary to the reporting student in a written and developmentally appropriate manner if the minor is 12 years of age or older , in writing and in a developmentally appropriate communication format, of its intent to contact the parties named to be unsafe. For minors under the age of 12 years, the school district shall provide written notice to the student in a developmentally appropriate manner, and if it is determined to be safe to do so, to the student's parent or guardian.

(Source: P.A. 102-466, eff. 7-1-25.)

(105 ILCS 5/26A-40)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 26A-40. Support and services.

(a) To facilitate the full participation of students who are parents, expectant parents, or victims of domestic or sexual violence, each school district must offer provide those students with in-school support services and information regarding nonschool-based support services, and the ability to make up work missed on account of circumstances related to the student's status as a parent, expectant parent, or victim of domestic or sexual violence. Victims of domestic or sexual violence must have access to those supports and services regardless of when or where the violence for which they are seeking supports and services occurred. All supports and services must be offered for as long as necessary to maintain the mental and physical well-being and safety of the student. Schools may periodically check on students receiving supports and services to determine whether each support and service continues to be necessary to maintain the mental and physical well-being and safety of the student or whether termination is appropriate. Any services offered under this Article to a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law.

(b) Support available Supports provided under subsection (a) shall include, but are not limited to (i) the provision of sufficiently private settings to ensure confidentiality and time off from class for meetings with counselors or other service providers, (ii) assisting the student with a student success plan, (iii) transferring a victim of domestic or sexual violence or the student perpetrator to a different classroom or school, if available, (iv) changing a seating assignment, (v) implementing in-school, school grounds, and bus safety procedures, (vi) honoring court orders, including orders of protection and no-contact orders to the fullest extent possible, and (vii) providing any other supports that may facilitate the full participation in the regular education program of students who are parents, expectant parents, or victims of domestic or sexual violence.

(c) If a student who is a parent, expectant parent, or victim of domestic or sexual violence is a student at risk of academic failure or displays poor academic performance, the student or the student's parent or guardian may request that the school district provide the student with or refer the student to education and support services designed to assist the student in meeting State learning standards. A school district may either provide education or support services directly or may collaborate with public or private State, local, or community-based organizations or agencies that provide these services. A school district must also inform those students about support services of nonschool-based organizations and agencies from which those students typically receive services in the community.

(d) Any student who is unable, because of circumstances related to the student's status as a parent, expectant parent, or victim of domestic or sexual violence, to participate in classes on a particular day or days or at the particular time of day must be excused in accordance with the procedures set forth in this Code. Upon student or parent or guardian's request, the teachers and of the school administrative personnel and officials shall make available to each student who is unable to participate because of circumstances related to the student's status as a parent, expectant parent, or victim of domestic or sexual violence a meaningful opportunity to make up any examination, study, or work requirement that the student has missed because of the inability to participate on any particular day or days or at any particular time of day. For a student receiving homebound instruction, it is the responsibility of the student and parent to work with the school or school district to meet academic standards for matriculation, as defined by school district policy. Costs assessed by the school district on the student for participation in those activities shall be considered waivable fees for any student whose parent or guardian is unable to afford them, consistent with Section 10-20.13. Each school district must adopt written policies for waiver of those fees in accordance with rules adopted by the State Board of Education.

(e) If a school or school district employee or agent becomes aware of or suspects a student's status as a parent, expectant parent, or victim of domestic or sexual violence, it is the responsibility of the employee or agent of the school or school district to refer the student to the school district's domestic or sexual violence and parenting resource personnel set forth in Section 26A-35 as soon as the domestic or sexual violence and parenting resource personnel is designated or appointed or by June 30, 2024, whichever is sooner. A school district must make respecting a student's privacy, confidentiality, mental and physical health, and safety a paramount concern.

(f) Each school must honor a student's and a parent's or guardian's decision to obtain education and support services and nonschool-based support services, to terminate the receipt of those education and support services, or nonschool-based support services, or to decline participation in those education and support services, or nonschool-based support services. No student is obligated to use education and support services, or nonschool-based support services. In developing educational support services, the privacy, mental and physical health, and safety of the student shall be of paramount concern. No adverse or prejudicial effects may result to any student because of the student's availing of or declining the provisions of this Section as long as the student is working with the school to meet academic standards for matriculation as defined by school district policy.

(g) Any support services must be available in any school or by home or hospital instruction to the highest quality and fullest extent possible for the individual setting.

(h) School-based counseling services, if available, must be offered to students who are parents, expectant parents, or victims of domestic or sexual violence consistent with the Mental Health and Developmental Disabilities Code. At least once every school year, each school district must inform, in writing, all school personnel and all students 12 years of age or older of the availability of counseling without parental or guardian consent under Section 3-5A-105 (to be renumbered as Section 3-550 in a revisory bill as of the effective date of this amendatory Act of the 102nd General Assembly) of the Mental Health and Developmental Disabilities Code. This information must also be provided to students immediately after any school personnel becomes aware that a student is a parent, expectant parent, or victim of domestic or sexual violence.

(i) All domestic or sexual violence organizations and their staff and any other nonschool organization and its staff shall maintain confidentiality under federal and State laws and their professional ethics policies regardless of when or where information, advice, counseling, or any other interaction with students takes place. A school or school district may not request or require those organizations or individuals to breach confidentiality.

(Source: P.A. 102-466, eff. 7-1-25.)

(105 ILCS 5/26A-45)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 26A-45. Verification.

(a) For purposes of students asserting their rights under provisions relating to domestic or sexual violence in Sections 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a school district may require verification of the claim. The student or the student's parents or guardians shall choose which form of verification to submit to the school district. A school district may only require one form of verification, unless the student is requesting a transfer to another school, in which case the school district may require 2 forms of verification. All forms of verification received by a school district under this subsection (a) must be kept in a confidential temporary file, in accordance with the Illinois School Student Records Act. Any one of the following shall be an acceptable form of verification of a student's claim of domestic or sexual violence:

(1) A written statement from the student or anyone who has knowledge of the circumstances that support the student's claim. This may be in the form of a complaint.

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

(3) A statement or other documentation from a qualified employee of a domestic or sexual violence organization or any other organization from which the student sought services or advice. For purposes of this paragraph (3), a qualified employee includes an advocate, counselor, therapist, supervisor, or executive director working at a rape crisis organization, as defined in Section 8-802.1 of the Code of the Civil Procedure, a domestic violence program, as defined in Section 227 of the Illinois Domestic Violence Act of 1986, or an accredited children's advocacy center.

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

(5) Any other evidence, such as physical evidence of violence, which supports the claim.

(b) A student or a student's parent or guardian who has provided acceptable verification that the student is or has been a victim of domestic or sexual violence may not be required to provide any additional verification if the student's efforts to assert rights under this Code stem from a claim involving the same perpetrator or the same incident of violence. No school or school district shall request or require additional documentation.

(c) Except (i) as otherwise permitted or required by State or federal law, including the Abused and Neglected Child Reporting Act, current Title IX regulations prescribed by the U.S. Department of Education, the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, and professional ethics, codes, policies, or standards that govern personnel holding a professional educator license issued by the State Board of Education or other contractual professional staff working with students or (ii) to the extent that an employee or agent of the school district deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including to the victim, in cases of domestic or sexual violence the The person named to be the perpetrator, the perpetrator's family, or any other person named by the student or the student's parent or guardian to be unsafe to contact may not be contacted to verify the violence, except to the extent that the district determines that it has an obligation to do so based on federal or State law or safety concerns for the school community, including such concerns for the victim. Prior to making contact, a school must notify the student and his or his parent or guardian in writing and in a developmentally appropriate manner, and discuss and address any safety concerns related to making such contact.

If a school district contacts the perpetrator, the perpetrator's family, or any other person named by the student or the student's parent or guardian to be unsafe for any other reason, as required or permitted in this Section, the school district shall provide prior notice to the student in a written and developmentally appropriate manner if the minor is 12 years of age or older. For minors under the age of 12 years, the school district must provide prior written notice to the student in a developmentally appropriate manner, and if it is determined to be safe to do so, to the student's parent or guardian.

Notwithstanding any other provision of this subsection to the contrary, prior written notice shall not be required to the extent that an employee or agent of the school district deems it necessary to address an imminent risk of serious physical injury or death of the student or another person, including to the victim. If prior written notification is not given, such notification shall be provided as soon as practicable and without delay following the disclosure to the student, and, unless the student is over the age of 18 years, emancipated, or if it is determined to be safe, to the parent or guardian.

(Source: P.A. 102-466, eff. 7-1-25.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.

Section 99. Effective date. This Act takes effect July 1, 2022, except that the provisions changing Section 26A-30 of the School Code take effect on July 1, 2023.".