Sen. Kimberly A. Lightford
Filed: 10/19/2021
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1 | AMENDMENT TO HOUSE BILL 3173
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2 | AMENDMENT NO. ______. Amend House Bill 3173, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. "An Act concerning education", approved August | ||||||
6 | 20, 2021, Public Act 102-466, is amended by changing Section | ||||||
7 | 99 as follow:
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8 | (P.A. 102-466, Sec. 99)
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9 | Sec. 99. Effective date. This Act takes effect July 1, | ||||||
10 | 2022, except that the provisions adding Section 26A-30 to the | ||||||
11 | School Code take effect on July 1, 2023 2025 .
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12 | (Source: P.A. 102-466, Sec. 99.)
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13 | Section 10. The School Code is amended by changing | ||||||
14 | Sections 10-22.6, 10-22.6a, 26A-15, 26A-20, 26A-25, 26A-30, | ||||||
15 | 26A-40, and 26A-45 as follows:
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1 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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2 | (Text of Section before amendment by P.A. 102-466 )
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3 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
4 | searches.
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5 | (a) To expel pupils guilty of gross disobedience or | ||||||
6 | misconduct, including gross disobedience or misconduct | ||||||
7 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
8 | of this Section, and
no action shall lie against them for such | ||||||
9 | expulsion. Expulsion shall
take place only after the parents | ||||||
10 | have been requested to appear at a
meeting of the board, or | ||||||
11 | with a hearing officer appointed by it, to
discuss their | ||||||
12 | child's behavior. Such request shall be made by registered
or | ||||||
13 | certified mail and shall state the time, place and purpose of | ||||||
14 | the
meeting. The board, or a hearing officer appointed by it, | ||||||
15 | at such
meeting shall state the reasons for dismissal and the | ||||||
16 | date on which the
expulsion is to become effective. If a | ||||||
17 | hearing officer is appointed by
the board, he shall report to | ||||||
18 | the board a written summary of the evidence
heard at the | ||||||
19 | meeting and the board may take such action thereon as it
finds | ||||||
20 | appropriate. If the board acts to expel a pupil, the written | ||||||
21 | expulsion decision shall detail the specific reasons why | ||||||
22 | removing the pupil from the learning environment is in the | ||||||
23 | best interest of the school. The expulsion decision shall also | ||||||
24 | include a rationale as to the specific duration of the | ||||||
25 | expulsion. An expelled pupil may be immediately transferred to |
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1 | an alternative program in the manner provided in Article 13A | ||||||
2 | or 13B of this Code. A pupil must not be denied transfer | ||||||
3 | because of the expulsion, except in cases in which such | ||||||
4 | transfer is deemed to cause a threat to the safety of students | ||||||
5 | or staff in the alternative program.
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6 | (b) To suspend or by policy to authorize the | ||||||
7 | superintendent of
the district or the principal, assistant | ||||||
8 | principal, or dean of students
of any school to suspend pupils | ||||||
9 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
10 | pupils guilty of gross disobedience or misconduct on the | ||||||
11 | school bus
from riding the school bus, pursuant to subsections | ||||||
12 | (b-15) and (b-20) of this Section, and no action
shall lie | ||||||
13 | against them for such suspension. The board may by policy
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14 | authorize the superintendent of the district or the principal, | ||||||
15 | assistant
principal, or dean of students of any
school to | ||||||
16 | suspend pupils guilty of such acts for a period not to exceed
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17 | 10 school days. If a pupil is suspended due to gross | ||||||
18 | disobedience or misconduct
on a school bus, the board may | ||||||
19 | suspend the pupil in excess of 10
school
days for safety | ||||||
20 | reasons. | ||||||
21 | Any suspension shall be reported immediately to the
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22 | parents or guardian of a pupil along with a full statement of | ||||||
23 | the
reasons for such suspension and a notice of their right to | ||||||
24 | a review. The school board must be given a summary of the | ||||||
25 | notice, including the reason for the suspension and the | ||||||
26 | suspension length. Upon request of the
parents or guardian, |
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1 | the school board or a hearing officer appointed by
it shall | ||||||
2 | review such action of the superintendent or principal, | ||||||
3 | assistant
principal, or dean of students. At such
review, the | ||||||
4 | parents or guardian of the pupil may appear and discuss the
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5 | suspension with the board or its hearing officer. If a hearing | ||||||
6 | officer
is appointed by the board, he shall report to the board | ||||||
7 | a written summary
of the evidence heard at the meeting. After | ||||||
8 | its hearing or upon receipt
of the written report of its | ||||||
9 | hearing officer, the board may take such
action as it finds | ||||||
10 | appropriate. If a student is suspended pursuant to this | ||||||
11 | subsection (b), the board shall, in the written suspension | ||||||
12 | decision, detail the specific act of gross disobedience or | ||||||
13 | misconduct resulting in the decision to suspend. The | ||||||
14 | suspension decision shall also include a rationale as to the | ||||||
15 | specific duration of the suspension. A pupil who is suspended | ||||||
16 | in excess of 20 school days may be immediately transferred to | ||||||
17 | an alternative program in the manner provided in Article 13A | ||||||
18 | or 13B of this Code. A pupil must not be denied transfer | ||||||
19 | because of the suspension, except in cases in which such | ||||||
20 | transfer is deemed to cause a threat to the safety of students | ||||||
21 | or staff in the alternative program.
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22 | (b-5) Among the many possible disciplinary interventions | ||||||
23 | and consequences available to school officials, school | ||||||
24 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
25 | are the most serious. School officials shall limit the number | ||||||
26 | and duration of expulsions and suspensions to the greatest |
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1 | extent practicable, and it is recommended that they use them | ||||||
2 | only for legitimate educational purposes. To ensure that | ||||||
3 | students are not excluded from school unnecessarily, it is | ||||||
4 | recommended that school officials consider forms of | ||||||
5 | non-exclusionary discipline prior to using out-of-school | ||||||
6 | suspensions or expulsions. | ||||||
7 | (b-10) Unless otherwise required by federal law or this | ||||||
8 | Code, school boards may not institute zero-tolerance policies | ||||||
9 | by which school administrators are required to suspend or | ||||||
10 | expel students for particular behaviors. | ||||||
11 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
12 | used only if the student's continuing presence in school would | ||||||
13 | pose a threat to school safety or a disruption to other | ||||||
14 | students' learning opportunities. For purposes of this | ||||||
15 | subsection (b-15), "threat to school safety or a disruption to | ||||||
16 | other students' learning opportunities" shall be determined on | ||||||
17 | a case-by-case basis by the school board or its designee. | ||||||
18 | School officials shall make all reasonable efforts to resolve | ||||||
19 | such threats, address such disruptions, and minimize the | ||||||
20 | length of suspensions to the greatest extent practicable. | ||||||
21 | (b-20) Unless otherwise required by this Code, | ||||||
22 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
23 | and disciplinary removals to alternative schools may be used | ||||||
24 | only if other appropriate and available behavioral and | ||||||
25 | disciplinary interventions have been exhausted and the | ||||||
26 | student's continuing presence in school would either (i) pose |
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1 | a
threat to the safety of other students, staff, or members of
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2 | the school community or (ii) substantially disrupt, impede, or
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3 | interfere with the operation of the school. For purposes of | ||||||
4 | this subsection (b-20), "threat to the safety of other | ||||||
5 | students, staff, or members of the school community" and | ||||||
6 | "substantially disrupt, impede, or interfere with the | ||||||
7 | operation of the school" shall be determined on a case-by-case | ||||||
8 | basis by school officials. For purposes of this subsection | ||||||
9 | (b-20), the determination of whether "appropriate and | ||||||
10 | available behavioral and disciplinary interventions have been | ||||||
11 | exhausted" shall be made by school officials. School officials | ||||||
12 | shall make all reasonable efforts to resolve such threats, | ||||||
13 | address such disruptions, and minimize the length of student | ||||||
14 | exclusions to the greatest extent practicable. Within the | ||||||
15 | suspension decision described in subsection (b) of this | ||||||
16 | Section or the expulsion decision described in subsection (a) | ||||||
17 | of this Section, it shall be documented whether other | ||||||
18 | interventions were attempted or whether it was determined that | ||||||
19 | there were no other appropriate and available interventions. | ||||||
20 | (b-25) Students who are suspended out-of-school for longer | ||||||
21 | than 4 school days shall be provided appropriate and available | ||||||
22 | support services during the period of their suspension. For | ||||||
23 | purposes of this subsection (b-25), "appropriate and available | ||||||
24 | support services" shall be determined by school authorities. | ||||||
25 | Within the suspension decision described in subsection (b) of | ||||||
26 | this Section, it shall be documented whether such services are |
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1 | to be provided or whether it was determined that there are no | ||||||
2 | such appropriate and available services. | ||||||
3 | A school district may refer students who are expelled to | ||||||
4 | appropriate and available support services. | ||||||
5 | A school district shall create a policy to facilitate the | ||||||
6 | re-engagement of students who are suspended out-of-school, | ||||||
7 | expelled, or returning from an alternative school setting. | ||||||
8 | (b-30) A school district shall create a policy by which | ||||||
9 | suspended pupils, including those pupils suspended from the | ||||||
10 | school bus who do not have alternate transportation to school, | ||||||
11 | shall have the opportunity to make up work for equivalent | ||||||
12 | academic credit. It shall be the responsibility of a pupil's | ||||||
13 | parent or guardian to notify school officials that a pupil | ||||||
14 | suspended from the school bus does not have alternate | ||||||
15 | transportation to school. | ||||||
16 | (c) A school board must invite a representative from a | ||||||
17 | local mental health agency to consult with the board at the | ||||||
18 | meeting whenever there is evidence that mental illness may be | ||||||
19 | the cause of a student's expulsion or suspension.
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20 | (c-5) School districts shall make reasonable efforts to | ||||||
21 | provide ongoing professional development to teachers, | ||||||
22 | administrators, school board members, school resource | ||||||
23 | officers, and staff on the adverse consequences of school | ||||||
24 | exclusion and justice-system involvement, effective classroom | ||||||
25 | management strategies, culturally responsive discipline, the | ||||||
26 | appropriate and available supportive services for the |
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1 | promotion of student attendance and engagement, and | ||||||
2 | developmentally appropriate disciplinary methods that promote | ||||||
3 | positive and healthy school climates. | ||||||
4 | (d) The board may expel a student for a definite period of | ||||||
5 | time not to
exceed 2 calendar years, as determined on a | ||||||
6 | case-by-case basis.
A student who
is determined to have | ||||||
7 | brought one of the following objects to school, any | ||||||
8 | school-sponsored activity
or event, or any activity or event | ||||||
9 | that bears a reasonable relationship to school shall be | ||||||
10 | expelled for a period of not less than
one year: | ||||||
11 | (1) A firearm. For the purposes of this Section, | ||||||
12 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
13 | by Section 921 of Title 18 of the United States Code, | ||||||
14 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
15 | Identification Card Act, or firearm as defined in Section | ||||||
16 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
17 | under this subdivision (1) may be modified by the | ||||||
18 | superintendent, and the superintendent's determination may | ||||||
19 | be modified by the board on a case-by-case basis. | ||||||
20 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
21 | regardless of its composition, a billy club, or any other | ||||||
22 | object if used or attempted to be used to cause bodily | ||||||
23 | harm, including "look alikes" of any firearm as defined in | ||||||
24 | subdivision (1) of this subsection (d). The expulsion | ||||||
25 | requirement under this subdivision (2) may be modified by | ||||||
26 | the superintendent, and the superintendent's determination |
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1 | may be modified by the board on a case-by-case basis. | ||||||
2 | Expulsion
or suspension
shall be construed in a
manner | ||||||
3 | consistent with the federal Individuals with Disabilities | ||||||
4 | Education
Act. A student who is subject to suspension or | ||||||
5 | expulsion as provided in this
Section may be eligible for a | ||||||
6 | transfer to an alternative school program in
accordance with | ||||||
7 | Article 13A of the School Code.
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8 | (d-5) The board may suspend or by regulation
authorize the | ||||||
9 | superintendent of the district or the principal, assistant
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10 | principal, or dean of students of any
school to suspend a | ||||||
11 | student for a period not to exceed
10 school days or may expel | ||||||
12 | a student for a definite period of time not to
exceed 2 | ||||||
13 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
14 | that student has been determined to have made an explicit | ||||||
15 | threat on an Internet website against a school employee, a | ||||||
16 | student, or any school-related personnel, (ii) the Internet | ||||||
17 | website through which the threat was made is a site that was | ||||||
18 | accessible within the school at the time the threat was made or | ||||||
19 | was available to third parties who worked or studied within | ||||||
20 | the school grounds at the time the threat was made, and (iii) | ||||||
21 | the threat could be reasonably interpreted as threatening to | ||||||
22 | the safety and security of the threatened individual because | ||||||
23 | of his or her duties or employment status or status as a | ||||||
24 | student inside the school.
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25 | (e) To maintain order and security in the schools, school | ||||||
26 | authorities may
inspect and search places and areas such as |
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1 | lockers, desks, parking lots, and
other school property and | ||||||
2 | equipment owned or controlled by the school, as well
as | ||||||
3 | personal effects left in those places and areas by students, | ||||||
4 | without notice
to or the consent of the student, and without a | ||||||
5 | search warrant. As a matter of
public policy, the General | ||||||
6 | Assembly finds that students have no reasonable
expectation of | ||||||
7 | privacy in these places and areas or in their personal effects
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8 | left in these places and areas. School authorities may request | ||||||
9 | the assistance
of law enforcement officials for the purpose of | ||||||
10 | conducting inspections and
searches of lockers, desks, parking | ||||||
11 | lots, and other school property and
equipment owned or | ||||||
12 | controlled by the school for illegal drugs, weapons, or
other
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13 | illegal or dangerous substances or materials, including | ||||||
14 | searches conducted
through the use of specially trained dogs. | ||||||
15 | If a search conducted in accordance
with this Section produces | ||||||
16 | evidence that the student has violated or is
violating either | ||||||
17 | the law, local ordinance, or the school's policies or rules,
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18 | such evidence may be seized by school authorities, and | ||||||
19 | disciplinary action may
be taken. School authorities may also | ||||||
20 | turn over such evidence to law
enforcement authorities.
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21 | (f) Suspension or expulsion may include suspension or | ||||||
22 | expulsion from
school and all school activities and a | ||||||
23 | prohibition from being present on school
grounds.
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24 | (g) A school district may adopt a policy providing that if | ||||||
25 | a student
is suspended or expelled for any reason from any | ||||||
26 | public or private school
in this or any other state, the |
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1 | student must complete the entire term of
the suspension or | ||||||
2 | expulsion in an alternative school program under Article 13A | ||||||
3 | of this Code or an alternative learning opportunities program | ||||||
4 | under Article 13B of this Code before being admitted into the | ||||||
5 | school
district if there is no threat to the safety of students | ||||||
6 | or staff in the alternative program.
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7 | (h) School officials shall not advise or encourage | ||||||
8 | students to drop out voluntarily due to behavioral or academic | ||||||
9 | difficulties. | ||||||
10 | (i) A student may not be issued a monetary fine or fee as a | ||||||
11 | disciplinary consequence, though this shall not preclude | ||||||
12 | requiring a student to provide restitution for lost, stolen, | ||||||
13 | or damaged property. | ||||||
14 | (j) Subsections (a) through (i) of this Section shall | ||||||
15 | apply to elementary and secondary schools, charter schools, | ||||||
16 | special charter districts, and school districts organized | ||||||
17 | under Article 34 of this Code. | ||||||
18 | (k) The expulsion of children enrolled in programs funded | ||||||
19 | under Section 1C-2 of this Code is subject to the requirements | ||||||
20 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
21 | this Code. | ||||||
22 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
23 | suspension program provided by a school district for any | ||||||
24 | students in kindergarten through grade 12 may focus on | ||||||
25 | promoting non-violent conflict resolution and positive | ||||||
26 | interaction with other students and school personnel. A school |
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1 | district may employ a school social worker or a licensed | ||||||
2 | mental health professional to oversee an in-school suspension | ||||||
3 | program in kindergarten through grade 12. | ||||||
4 | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) | ||||||
5 | (Text of Section after amendment by P.A. 102-466 )
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6 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
7 | searches.
| ||||||
8 | (a) To expel pupils guilty of gross disobedience or | ||||||
9 | misconduct, including gross disobedience or misconduct | ||||||
10 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
11 | of this Section, and
no action shall lie against them for such | ||||||
12 | expulsion. Expulsion shall
take place only after the parents | ||||||
13 | or guardians have been requested to appear at a
meeting of the | ||||||
14 | board, or with a hearing officer appointed by it, to
discuss | ||||||
15 | their child's behavior. Such request shall be made by | ||||||
16 | registered
or certified mail and shall state the time, place | ||||||
17 | and purpose of the
meeting. The board, or a hearing officer | ||||||
18 | appointed by it, at such
meeting shall state the reasons for | ||||||
19 | dismissal and the date on which the
expulsion is to become | ||||||
20 | effective. If a hearing officer is appointed by
the board, he | ||||||
21 | shall report to the board a written summary of the evidence
| ||||||
22 | heard at the meeting and the board may take such action thereon | ||||||
23 | as it
finds appropriate. If the board acts to expel a pupil, | ||||||
24 | the written expulsion decision shall detail the specific | ||||||
25 | reasons why removing the pupil from the learning environment |
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1 | is in the best interest of the school. The expulsion decision | ||||||
2 | shall also include a rationale as to the specific duration of | ||||||
3 | the expulsion. An expelled pupil may be immediately | ||||||
4 | transferred to an alternative program in the manner provided | ||||||
5 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
6 | transfer because of the expulsion, except in cases in which | ||||||
7 | such transfer is deemed to cause a threat to the safety of | ||||||
8 | students or staff in the alternative program.
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9 | (b) To suspend or by policy to authorize the | ||||||
10 | superintendent of
the district or the principal, assistant | ||||||
11 | principal, or dean of students
of any school to suspend pupils | ||||||
12 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
13 | pupils guilty of gross disobedience or misconduct on the | ||||||
14 | school bus
from riding the school bus, pursuant to subsections | ||||||
15 | (b-15) and (b-20) of this Section, and no action
shall lie | ||||||
16 | against them for such suspension. The board may by policy
| ||||||
17 | authorize the superintendent of the district or the principal, | ||||||
18 | assistant
principal, or dean of students of any
school to | ||||||
19 | suspend pupils guilty of such acts for a period not to exceed
| ||||||
20 | 10 school days. If a pupil is suspended due to gross | ||||||
21 | disobedience or misconduct
on a school bus, the board may | ||||||
22 | suspend the pupil in excess of 10
school
days for safety | ||||||
23 | reasons. | ||||||
24 | Any suspension shall be reported immediately to the
| ||||||
25 | parents or guardians of a pupil along with a full statement of | ||||||
26 | the
reasons for such suspension and a notice of their right to |
| |||||||
| |||||||
1 | a review. The school board must be given a summary of the | ||||||
2 | notice, including the reason for the suspension and the | ||||||
3 | suspension length. Upon request of the
parents or guardians, | ||||||
4 | the school board or a hearing officer appointed by
it shall | ||||||
5 | review such action of the superintendent or principal, | ||||||
6 | assistant
principal, or dean of students. At such
review, the | ||||||
7 | parents or guardians of the pupil may appear and discuss the
| ||||||
8 | suspension with the board or its hearing officer. If a hearing | ||||||
9 | officer
is appointed by the board, he shall report to the board | ||||||
10 | a written summary
of the evidence heard at the meeting. After | ||||||
11 | its hearing or upon receipt
of the written report of its | ||||||
12 | hearing officer, the board may take such
action as it finds | ||||||
13 | appropriate. If a student is suspended pursuant to this | ||||||
14 | subsection (b), the board shall, in the written suspension | ||||||
15 | decision, detail the specific act of gross disobedience or | ||||||
16 | misconduct resulting in the decision to suspend. The | ||||||
17 | suspension decision shall also include a rationale as to the | ||||||
18 | specific duration of the suspension. A pupil who is suspended | ||||||
19 | in excess of 20 school days may be immediately transferred to | ||||||
20 | an alternative program in the manner provided in Article 13A | ||||||
21 | or 13B of this Code. A pupil must not be denied transfer | ||||||
22 | because of the suspension, except in cases in which such | ||||||
23 | transfer is deemed to cause a threat to the safety of students | ||||||
24 | or staff in the alternative program.
| ||||||
25 | (b-5) Among the many possible disciplinary interventions | ||||||
26 | and consequences available to school officials, school |
| |||||||
| |||||||
1 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
2 | are the most serious. School officials shall limit the number | ||||||
3 | and duration of expulsions and suspensions to the greatest | ||||||
4 | extent practicable, and it is recommended that they use them | ||||||
5 | only for legitimate educational purposes. To ensure that | ||||||
6 | students are not excluded from school unnecessarily, it is | ||||||
7 | recommended that school officials consider forms of | ||||||
8 | non-exclusionary discipline prior to using out-of-school | ||||||
9 | suspensions or expulsions. | ||||||
10 | (b-10) Unless otherwise required by federal law or this | ||||||
11 | Code, school boards may not institute zero-tolerance policies | ||||||
12 | by which school administrators are required to suspend or | ||||||
13 | expel students for particular behaviors. | ||||||
14 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
15 | used only if the student's continuing presence in school would | ||||||
16 | pose a threat to school safety or a disruption to other | ||||||
17 | students' learning opportunities. For purposes of this | ||||||
18 | subsection (b-15), "threat to school safety or a disruption to | ||||||
19 | other students' learning opportunities" shall be determined on | ||||||
20 | a case-by-case basis by the school board or its designee. | ||||||
21 | School officials shall make all reasonable efforts to resolve | ||||||
22 | such threats, address such disruptions, and minimize the | ||||||
23 | length of suspensions to the greatest extent practicable. | ||||||
24 | (b-20) Unless otherwise required by this Code, | ||||||
25 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
26 | and disciplinary removals to alternative schools may be used |
| |||||||
| |||||||
1 | only if other appropriate and available behavioral and | ||||||
2 | disciplinary interventions have been exhausted and the | ||||||
3 | student's continuing presence in school would either (i) pose | ||||||
4 | a
threat to the safety of other students, staff, or members of
| ||||||
5 | the school community or (ii) substantially disrupt, impede, or
| ||||||
6 | interfere with the operation of the school. For purposes of | ||||||
7 | this subsection (b-20), "threat to the safety of other | ||||||
8 | students, staff, or members of the school community" and | ||||||
9 | "substantially disrupt, impede, or interfere with the | ||||||
10 | operation of the school" shall be determined on a case-by-case | ||||||
11 | basis by school officials. For purposes of this subsection | ||||||
12 | (b-20), the determination of whether "appropriate and | ||||||
13 | available behavioral and disciplinary interventions have been | ||||||
14 | exhausted" shall be made by school officials. School officials | ||||||
15 | shall make all reasonable efforts to resolve such threats, | ||||||
16 | address such disruptions, and minimize the length of student | ||||||
17 | exclusions to the greatest extent practicable. Within the | ||||||
18 | suspension decision described in subsection (b) of this | ||||||
19 | Section or the expulsion decision described in subsection (a) | ||||||
20 | of this Section, it shall be documented whether other | ||||||
21 | interventions were attempted or whether it was determined that | ||||||
22 | there were no other appropriate and available interventions. | ||||||
23 | (b-25) Students who are suspended out-of-school for longer | ||||||
24 | than 4 school days shall be provided appropriate and available | ||||||
25 | support services during the period of their suspension. For | ||||||
26 | purposes of this subsection (b-25), "appropriate and available |
| |||||||
| |||||||
1 | support services" shall be determined by school authorities. | ||||||
2 | Within the suspension decision described in subsection (b) of | ||||||
3 | this Section, it shall be documented whether such services are | ||||||
4 | to be provided or whether it was determined that there are no | ||||||
5 | such appropriate and available services. | ||||||
6 | A school district may refer students who are expelled to | ||||||
7 | appropriate and available support services. | ||||||
8 | A school district shall create a policy to facilitate the | ||||||
9 | re-engagement of students who are suspended out-of-school, | ||||||
10 | expelled, or returning from an alternative school setting. | ||||||
11 | (b-30) A school district shall create a policy by which | ||||||
12 | suspended pupils, including those pupils suspended from the | ||||||
13 | school bus who do not have alternate transportation to school, | ||||||
14 | shall have the opportunity to make up work for equivalent | ||||||
15 | academic credit. It shall be the responsibility of a pupil's | ||||||
16 | parents or guardians to notify school officials that a pupil | ||||||
17 | suspended from the school bus does not have alternate | ||||||
18 | transportation to school. | ||||||
19 | (b-35) In all suspension review hearings conducted
under | ||||||
20 | subsection (b) or expulsion hearings conducted
under | ||||||
21 | subsection (a), a student may disclose any factor to be | ||||||
22 | considered in mitigation, including , but not limited to, his | ||||||
23 | or her status as
a parent, expectant parent, or victim of | ||||||
24 | domestic or sexual violence, as defined in Article 26A , victim | ||||||
25 | of bullying, experiencing the death of a family member, or | ||||||
26 | other factors . A representative of the
parent's or guardian's |
| |||||||
| |||||||
1 | choice, or of the student's choice if emancipated, must be | ||||||
2 | permitted to represent
the student throughout the proceedings | ||||||
3 | and to address the school board or its appointed hearing | ||||||
4 | officer. With the
approval of the student's parent or | ||||||
5 | guardian, or of the student if emancipated, a support person
| ||||||
6 | must be permitted to accompany the student to any disciplinary
| ||||||
7 | hearings or proceedings. The representative or support person | ||||||
8 | must comply with any rules of the school district's hearing | ||||||
9 | process. If the representative or support person violates the | ||||||
10 | rules or engages in behavior or advocacy that harasses, | ||||||
11 | abuses, or intimidates either party, a witness, or anyone else | ||||||
12 | in attendance at the hearing, the representative or support | ||||||
13 | person may be prohibited from further participation in the | ||||||
14 | hearing or proceeding. A suspension or expulsion proceeding
| ||||||
15 | under this subsection (b-35) must be conducted independently
| ||||||
16 | from any ongoing criminal investigation or proceeding, and an | ||||||
17 | absence of pending or possible criminal charges, criminal | ||||||
18 | investigations, or proceedings may not be a factor in school
| ||||||
19 | disciplinary decisions. | ||||||
20 | (b-40) During a suspension review hearing conducted
under | ||||||
21 | subsection (b) or an expulsion hearing conducted
under | ||||||
22 | subsection (a) that involves allegations of domestic or sexual
| ||||||
23 | violence or gender-based harassment by the student who is | ||||||
24 | subject to discipline, neither
the student nor his or her | ||||||
25 | representative shall directly
question nor have direct contact | ||||||
26 | with the alleged victim. The
student who is subject to |
| |||||||
| |||||||
1 | discipline or his or her
representative may, at the discretion | ||||||
2 | and direction of the
school board or its appointed hearing | ||||||
3 | officer, suggest
questions to be posed by the school board or | ||||||
4 | its appointed
hearing officer to the alleged victim. | ||||||
5 | (c) A school board must invite a representative from a | ||||||
6 | local mental health agency to consult with the board at the | ||||||
7 | meeting whenever there is evidence that mental illness may be | ||||||
8 | the cause of a student's expulsion or suspension.
| ||||||
9 | (c-5) School districts shall make reasonable efforts to | ||||||
10 | provide ongoing professional development to teachers, | ||||||
11 | administrators, school board members, school resource | ||||||
12 | officers, and staff on the adverse consequences of school | ||||||
13 | exclusion and justice-system involvement, effective classroom | ||||||
14 | management strategies, culturally responsive discipline, the | ||||||
15 | appropriate and available supportive services for the | ||||||
16 | promotion of student attendance and engagement, and | ||||||
17 | developmentally appropriate disciplinary methods that promote | ||||||
18 | positive and healthy school climates. | ||||||
19 | (d) The board may expel a student for a definite period of | ||||||
20 | time not to
exceed 2 calendar years, as determined on a | ||||||
21 | case-by-case basis.
A student who
is determined to have | ||||||
22 | brought one of the following objects to school, any | ||||||
23 | school-sponsored activity
or event, or any activity or event | ||||||
24 | that bears a reasonable relationship to school shall be | ||||||
25 | expelled for a period of not less than
one year: | ||||||
26 | (1) A firearm. For the purposes of this Section, |
| |||||||
| |||||||
1 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
2 | by Section 921 of Title 18 of the United States Code, | ||||||
3 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
4 | Identification Card Act, or firearm as defined in Section | ||||||
5 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
6 | under this subdivision (1) may be modified by the | ||||||
7 | superintendent, and the superintendent's determination may | ||||||
8 | be modified by the board on a case-by-case basis. | ||||||
9 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
10 | regardless of its composition, a billy club, or any other | ||||||
11 | object if used or attempted to be used to cause bodily | ||||||
12 | harm, including "look alikes" of any firearm as defined in | ||||||
13 | subdivision (1) of this subsection (d). The expulsion | ||||||
14 | requirement under this subdivision (2) may be modified by | ||||||
15 | the superintendent, and the superintendent's determination | ||||||
16 | may be modified by the board on a case-by-case basis. | ||||||
17 | Expulsion
or suspension
shall be construed in a
manner | ||||||
18 | consistent with the federal Individuals with Disabilities | ||||||
19 | Education
Act. A student who is subject to suspension or | ||||||
20 | expulsion as provided in this
Section may be eligible for a | ||||||
21 | transfer to an alternative school program in
accordance with | ||||||
22 | Article 13A of the School Code.
| ||||||
23 | (d-5) The board may suspend or by regulation
authorize the | ||||||
24 | superintendent of the district or the principal, assistant
| ||||||
25 | principal, or dean of students of any
school to suspend a | ||||||
26 | student for a period not to exceed
10 school days or may expel |
| |||||||
| |||||||
1 | a student for a definite period of time not to
exceed 2 | ||||||
2 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
3 | that student has been determined to have made an explicit | ||||||
4 | threat on an Internet website against a school employee, a | ||||||
5 | student, or any school-related personnel, (ii) the Internet | ||||||
6 | website through which the threat was made is a site that was | ||||||
7 | accessible within the school at the time the threat was made or | ||||||
8 | was available to third parties who worked or studied within | ||||||
9 | the school grounds at the time the threat was made, and (iii) | ||||||
10 | the threat could be reasonably interpreted as threatening to | ||||||
11 | the safety and security of the threatened individual because | ||||||
12 | of his or her duties or employment status or status as a | ||||||
13 | student inside the school.
| ||||||
14 | (e) To maintain order and security in the schools, school | ||||||
15 | authorities may
inspect and search places and areas such as | ||||||
16 | lockers, desks, parking lots, and
other school property and | ||||||
17 | equipment owned or controlled by the school, as well
as | ||||||
18 | personal effects left in those places and areas by students, | ||||||
19 | without notice
to or the consent of the student, and without a | ||||||
20 | search warrant. As a matter of
public policy, the General | ||||||
21 | Assembly finds that students have no reasonable
expectation of | ||||||
22 | privacy in these places and areas or in their personal effects
| ||||||
23 | left in these places and areas. School authorities may request | ||||||
24 | the assistance
of law enforcement officials for the purpose of | ||||||
25 | conducting inspections and
searches of lockers, desks, parking | ||||||
26 | lots, and other school property and
equipment owned or |
| |||||||
| |||||||
1 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
2 | illegal or dangerous substances or materials, including | ||||||
3 | searches conducted
through the use of specially trained dogs. | ||||||
4 | If a search conducted in accordance
with this Section produces | ||||||
5 | evidence that the student has violated or is
violating either | ||||||
6 | the law, local ordinance, or the school's policies or rules,
| ||||||
7 | such evidence may be seized by school authorities, and | ||||||
8 | disciplinary action may
be taken. School authorities may also | ||||||
9 | turn over such evidence to law
enforcement authorities.
| ||||||
10 | (f) Suspension or expulsion may include suspension or | ||||||
11 | expulsion from
school and all school activities and a | ||||||
12 | prohibition from being present on school
grounds.
| ||||||
13 | (g) A school district may adopt a policy providing that if | ||||||
14 | a student
is suspended or expelled for any reason from any | ||||||
15 | public or private school
in this or any other state, the | ||||||
16 | student must complete the entire term of
the suspension or | ||||||
17 | expulsion in an alternative school program under Article 13A | ||||||
18 | of this Code or an alternative learning opportunities program | ||||||
19 | under Article 13B of this Code before being admitted into the | ||||||
20 | school
district if there is no threat to the safety of students | ||||||
21 | or staff in the alternative program. A school district that | ||||||
22 | adopts a policy under this subsection (g) must include a | ||||||
23 | provision allowing for consideration of any mitigating | ||||||
24 | factors, including, but not limited to, a student's status as | ||||||
25 | a parent, expectant parent, or victim of domestic or sexual | ||||||
26 | violence, as defined in Article 26A , victim of bullying, |
| |||||||
| |||||||
1 | experiencing the death of a family member, or other factors .
| ||||||
2 | (h) School officials shall not advise or encourage | ||||||
3 | students to drop out voluntarily due to behavioral or academic | ||||||
4 | difficulties. | ||||||
5 | (i) A student may not be issued a monetary fine or fee as a | ||||||
6 | disciplinary consequence, though this shall not preclude | ||||||
7 | requiring a student to provide restitution for lost, stolen, | ||||||
8 | or damaged property. | ||||||
9 | (j) Subsections (a) through (i) of this Section shall | ||||||
10 | apply to elementary and secondary schools, charter schools, | ||||||
11 | special charter districts, and school districts organized | ||||||
12 | under Article 34 of this Code. | ||||||
13 | (k) The expulsion of children enrolled in programs funded | ||||||
14 | under Section 1C-2 of this Code is subject to the requirements | ||||||
15 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
16 | this Code. | ||||||
17 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
18 | suspension program provided by a school district for any | ||||||
19 | students in kindergarten through grade 12 may focus on | ||||||
20 | promoting non-violent conflict resolution and positive | ||||||
21 | interaction with other students and school personnel. A school | ||||||
22 | district may employ a school social worker or a licensed | ||||||
23 | mental health professional to oversee an in-school suspension | ||||||
24 | program in kindergarten through grade 12. | ||||||
25 | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||||||
26 | 102-539, eff. 8-20-21; revised 9-23-21.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
| ||||||
2 | (Text of Section before amendment by P.A. 102-466 )
| ||||||
3 | Sec. 10-22.6a.
To provide by home instruction, | ||||||
4 | correspondence courses or
otherwise courses of instruction for | ||||||
5 | pupils who are unable to attend school
because of pregnancy. | ||||||
6 | Such instruction shall be provided to the pupil
(1) before the | ||||||
7 | birth of the child when the pupil's physician, physician | ||||||
8 | assistant, or advanced practice nurse has
indicated to the | ||||||
9 | district, in writing, that the pupil is medically unable
to | ||||||
10 | attend regular classroom instruction and (2) for up to 3 | ||||||
11 | months
following the birth of the child or a miscarriage.
The | ||||||
12 | instruction course shall be designed to offer educational | ||||||
13 | experiences
that are equivalent to those given to pupils at | ||||||
14 | the same grade level in
the district and that are designed to | ||||||
15 | enable the pupil to return to the classroom.
| ||||||
16 | (Source: P.A. 100-443, eff. 8-25-17.)
| ||||||
17 | (Text of Section after amendment by P.A. 102-466 )
| ||||||
18 | Sec. 10-22.6a. Home instruction; correspondence courses. | ||||||
19 | (a) To provide by home instruction, correspondence courses | ||||||
20 | or
otherwise courses of instruction for a pupil who is unable | ||||||
21 | to attend school
because of pregnancy or pregnancy-related | ||||||
22 | conditions, the fulfillment of parenting obligations related | ||||||
23 | to the health of the child, or health and safety concerns | ||||||
24 | arising from domestic or sexual violence, as defined in |
| |||||||
| |||||||
1 | Article 26A. Such instruction shall be provided to the pupil | ||||||
2 | at each of the following times:
| ||||||
3 | (1) Before the birth of the child when the pupil's | ||||||
4 | physician, physician assistant, or advanced practice | ||||||
5 | registered nurse has
indicated to the district, in | ||||||
6 | writing, that the pupil is medically unable
to attend | ||||||
7 | regular classroom instruction. | ||||||
8 | (2) For up to 3 months
following the birth of the child | ||||||
9 | or a miscarriage. | ||||||
10 | (3) When the pupil must care for his or her ill child | ||||||
11 | if (i) the child's physician, physician assistant, or | ||||||
12 | advanced practice registered nurse has indicated to the | ||||||
13 | district, in writing, that the child has a serious health | ||||||
14 | condition that would require the pupil to be absent from | ||||||
15 | school for 2 or more consecutive weeks and (ii) the pupil | ||||||
16 | or the pupil's parent or guardian indicates to the | ||||||
17 | district, in writing, that the pupil is needed to provide | ||||||
18 | care to the child during this period. In this paragraph | ||||||
19 | (3), "serious health condition" means an illness, injury, | ||||||
20 | impairment, or physical or mental health condition that | ||||||
21 | involves inpatient care in a hospital, hospice, or | ||||||
22 | residential medical care facility or continuing treatment | ||||||
23 | by a health care provider that is not controlled by | ||||||
24 | medication alone. | ||||||
25 | (4) The pupil must treat physical or mental health | ||||||
26 | complications or address safety concerns arising from |
| |||||||
| |||||||
1 | domestic or sexual violence when a healthcare provider or | ||||||
2 | a qualified an employee of the pupil's domestic or sexual | ||||||
3 | violence organization, as defined in Article 26A has | ||||||
4 | indicated to the district, in writing, that the care is | ||||||
5 | needed by the pupil and will cause the pupil's absence | ||||||
6 | from school for 2 or more consecutive weeks. For purposes | ||||||
7 | of this paragraph (4), a qualified employee includes an | ||||||
8 | advocate, counselor, therapist, supervisor, or executive | ||||||
9 | director working at a rape crisis organization, as defined | ||||||
10 | in Section 8-802.1 of the Code of Civil Procedure, a | ||||||
11 | domestic violence program, as defined in Section 227 of | ||||||
12 | the Illinois Domestic Violence Act of 1986, or an | ||||||
13 | accredited children's advocacy center. | ||||||
14 | A school district may reassess home instruction provided to a | ||||||
15 | pupil under paragraph (3) or (4) every 2 months to determine | ||||||
16 | the pupil's continuing need for instruction under this | ||||||
17 | Section.
| ||||||
18 | The instruction course shall be designed to offer | ||||||
19 | educational experiences
that are equivalent to those given to | ||||||
20 | pupils at the same grade level in
the district and that are | ||||||
21 | designed to enable the pupil to return to the classroom.
| ||||||
22 | (b) Notwithstanding any other provision of this Code or | ||||||
23 | State law to the contrary, if a pupil is unable to attend | ||||||
24 | regular classes because of the reasons set forth in subsection | ||||||
25 | (a) and has participated in instruction under this Section | ||||||
26 | that is administered by the school or the school district, |
| |||||||
| |||||||
1 | then the pupil may not be penalized for grading purposes or be | ||||||
2 | denied course completion, a return to regular classroom | ||||||
3 | instruction, grade level advancement, or graduation solely on | ||||||
4 | the basis of the pupil's participation in instruction under | ||||||
5 | this Section or the pupil's absence from the regular education | ||||||
6 | program during the period of instruction under this Section. A | ||||||
7 | school or school district may not use instruction under this | ||||||
8 | Section to replace making support services available so that | ||||||
9 | pupils who are parents, expectant parents, or victims of | ||||||
10 | domestic or sexual violence may receive regular classroom | ||||||
11 | instruction. | ||||||
12 | (Source: P.A. 102-466, eff. 7-1-25.)
| ||||||
13 | (105 ILCS 5/26A-15) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date ) | ||||||
16 | (Section scheduled to be repealed on December 31, 2025) | ||||||
17 | Sec. 26A-15. Ensuring Success in School Task Force. | ||||||
18 | (a) The Ensuring Success in School Task Force is created | ||||||
19 | to draft and publish model policies and intergovernmental | ||||||
20 | agreements for inter-district transfers; draft and publish | ||||||
21 | model complaint resolution procedures as required in | ||||||
22 | subsection (c) of Section 26A-25; identify current mandatory | ||||||
23 | educator and staff training and additional new trainings | ||||||
24 | needed to meet the requirements as required in Section 26A-25 | ||||||
25 | and Section 26A-35. These recommended policies and agreements |
| |||||||
| |||||||
1 | shall be survivor-centered and rooted in trauma-informed | ||||||
2 | responses and used to support all students, from | ||||||
3 | pre-kindergarten through grade 12, who are survivors of | ||||||
4 | domestic or sexual violence, regardless of whether the | ||||||
5 | perpetrator is school-related or not, or who are parenting or | ||||||
6 | pregnant, regardless of whether the school is a public school, | ||||||
7 | nonpublic school, or charter school. | ||||||
8 | (b) The Task Force shall be representative of the | ||||||
9 | geographic, racial, ethnic, sexual orientation, gender | ||||||
10 | identity, and cultural diversity of this State. The Task Force | ||||||
11 | shall consist of all of the following members, who must be | ||||||
12 | appointed no later than 60 days after the effective date of | ||||||
13 | this amendatory Act of the 102nd General Assembly: | ||||||
14 | (1) One Representative appointed by the Speaker of the | ||||||
15 | House of Representatives. | ||||||
16 | (2) One Representative appointed by the Minority | ||||||
17 | Leader of the House of Representatives. | ||||||
18 | (3) One Senator appointed by the President of the | ||||||
19 | Senate. | ||||||
20 | (4) One Senator appointed by the Minority Leader of | ||||||
21 | the Senate. | ||||||
22 | (5) One member who represents a State-based | ||||||
23 | organization that advocates for lesbian, gay, bisexual, | ||||||
24 | transgender, and queer people appointed by the State | ||||||
25 | Superintendent of Education. | ||||||
26 | (6) One member who represents a State-based, |
| |||||||
| |||||||
1 | nonprofit, nongovernmental organization that advocates for | ||||||
2 | survivors of domestic violence appointed by the State | ||||||
3 | Superintendent of Education. | ||||||
4 | (7) One member who represents a statewide, nonprofit, | ||||||
5 | nongovernmental organization that advocates for survivors | ||||||
6 | of sexual violence appointed by the State Superintendent | ||||||
7 | of Education. | ||||||
8 | (8) One member who represents a statewide, nonprofit, | ||||||
9 | nongovernmental organization that offers free legal | ||||||
10 | services, including victim's rights representation, to | ||||||
11 | survivors of domestic violence or sexual violence | ||||||
12 | appointed by the State Superintendent of Education. | ||||||
13 | (9) One member who represents an organization that | ||||||
14 | advocates for pregnant or parenting youth appointed by the | ||||||
15 | State Superintendent of Education. | ||||||
16 | (10) One member who represents a youth-led | ||||||
17 | organization with expertise in domestic and sexual | ||||||
18 | violence appointed by the State Superintendent of | ||||||
19 | Education. | ||||||
20 | (11) One member who represents the Children's Advocacy | ||||||
21 | Centers of Illinois appointed by the State Superintendent | ||||||
22 | of Education. | ||||||
23 | (12) One representative of the State Board of | ||||||
24 | Education appointed by the State Superintendent of | ||||||
25 | Education. | ||||||
26 | (13) One member who represents a statewide |
| |||||||
| |||||||
1 | organization of social workers appointed by the State | ||||||
2 | Superintendent of Education. | ||||||
3 | (14) One member who represents a statewide | ||||||
4 | organization for school psychologists appointed by the | ||||||
5 | State Superintendent of Education. | ||||||
6 | (15) One member who represents a statewide | ||||||
7 | organization of school counselors appointed by the State | ||||||
8 | Superintendent of Education. | ||||||
9 | (16) One member who represents a statewide | ||||||
10 | professional teachers' organization appointed by the State | ||||||
11 | Superintendent of Education. | ||||||
12 | (17) One member who represents a different statewide | ||||||
13 | professional teachers' organization appointed by the State | ||||||
14 | Superintendent of Education. | ||||||
15 | (18) One member who represents a statewide | ||||||
16 | organization for school boards appointed by the State | ||||||
17 | Superintendent of Education. | ||||||
18 | (19) One member who represents a statewide | ||||||
19 | organization for school principals appointed by the State | ||||||
20 | Superintendent of Education. | ||||||
21 | (20) One member who represents a school district | ||||||
22 | organized under Article 34 appointed by the State | ||||||
23 | Superintendent of Education. | ||||||
24 | (21) One member who represents an association | ||||||
25 | representing rural school superintendents appointed by the | ||||||
26 | State Superintendent of Education. |
| |||||||
| |||||||
1 | (c) The Task Force shall first meet at the call of the | ||||||
2 | State Superintendent of Education, and each subsequent meeting | ||||||
3 | shall be called by the chairperson, who shall be designated by | ||||||
4 | the State Superintendent of Education. The State Board of | ||||||
5 | Education shall provide administrative and other support to | ||||||
6 | the Task Force. Members of the Task Force shall serve without | ||||||
7 | compensation. | ||||||
8 | (d) On or before January 1, 2024 June 30, 2024 , the Task | ||||||
9 | Force shall report its work, including model policies, | ||||||
10 | guidance recommendations, and agreements, to the Governor and | ||||||
11 | the General Assembly. The report must include all of the | ||||||
12 | following: | ||||||
13 | (1) Recommendations for language to include in school | ||||||
14 | and district policies and procedures Model school and | ||||||
15 | district policies to facilitate inter-district transfers | ||||||
16 | for student survivors of domestic or sexual violence, | ||||||
17 | expectant parents, and parents. The recommended language | ||||||
18 | These policies shall place high value on being accessible | ||||||
19 | and expeditious for student survivors and pregnant and | ||||||
20 | parenting students. | ||||||
21 | (2) Recommendations for language to include in school | ||||||
22 | and district policies and procedures Model school and | ||||||
23 | district policies to ensure confidentiality and privacy | ||||||
24 | considerations for student survivors of domestic or sexual | ||||||
25 | violence, expectant parents, and parents. The recommended | ||||||
26 | language These policies must include guidance regarding |
| |||||||
| |||||||
1 | appropriate referrals for nonschool-based services. | ||||||
2 | (3) Recommendations for language to include in Model | ||||||
3 | school and district complaint resolution procedures as | ||||||
4 | prescribed by Section 26A-25. | ||||||
5 | (4) Guidance for schools and districts regarding which | ||||||
6 | mandatory training that is currently required for educator | ||||||
7 | licenses or under State or federal law would be suitable | ||||||
8 | to fulfill training requirements for resource personnel as | ||||||
9 | prescribed by Section 26A-35 and for the staff tasked with | ||||||
10 | implementing the complaint resolution procedure as | ||||||
11 | prescribed by Section 26A-25. The guidance shall evaluate | ||||||
12 | all relevant mandatory or recommended training, including, | ||||||
13 | but not limited to, the training required under subsection | ||||||
14 | (j) of Section 4 of the Abused and Neglected Child | ||||||
15 | Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and | ||||||
16 | 27-23.7 of this Code, and subsections (d) and (f) of | ||||||
17 | Section 10-22.39 of this Code , and Section 3.10 of the | ||||||
18 | Critical Health Problems and Comprehensive Health | ||||||
19 | Education Act . The guidance must also identify what gaps | ||||||
20 | in training exist, including, but not limited to, training | ||||||
21 | on trauma-informed responses and racial and gender equity, | ||||||
22 | and make recommendations for the consolidation of | ||||||
23 | duplicative training programs and for future training | ||||||
24 | programs that should be required or recommended for the | ||||||
25 | positions as prescribed by Sections 26A-25 and 26A-35. | ||||||
26 | (e) The Task Force is dissolved upon submission of its |
| |||||||
| |||||||
1 | report under subsection (d). | ||||||
2 | (f) This Section is repealed on December 1, 2024 December | ||||||
3 | 1, 2025 .
| ||||||
4 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||
5 | (105 ILCS 5/26A-20) | ||||||
6 | (This Section may contain text from a Public Act with a | ||||||
7 | delayed effective date ) | ||||||
8 | Sec. 26A-20. Review and revision of policies and | ||||||
9 | procedures. | ||||||
10 | (a) No later than July 1, 2024 and every 2 years | ||||||
11 | thereafter, each school district must review all existing | ||||||
12 | policies and procedures and must revise any existing policies | ||||||
13 | and procedures that may act as a barrier to the immediate | ||||||
14 | enrollment and re-enrollment, attendance, graduation, and | ||||||
15 | success in school of any student who is a student parent, | ||||||
16 | expectant student parent, or victim of domestic or sexual | ||||||
17 | violence or any policies or procedures that may compromise a | ||||||
18 | criminal investigation relating to domestic or sexual violence | ||||||
19 | or may re-victimize students. A school district must adopt new | ||||||
20 | policies and procedures, as needed, to implement this Section | ||||||
21 | and to ensure that immediate and effective steps are taken to | ||||||
22 | respond to students who are student parents, expectant | ||||||
23 | parents, or victims of domestic or sexual violence. | ||||||
24 | (b) A school district's policy must be consistent with the | ||||||
25 | recommendations of model policy and procedures adopted by the |
| |||||||
| |||||||
1 | State Board of Education and under Public Act 101-531. | ||||||
2 | (c) A school district's policy shall specify where a | ||||||
3 | student or parent may obtain or access, both in an electronic | ||||||
4 | format or in a hard-copy format, on the district's procedures | ||||||
5 | that a student or his or her parent or guardian may follow if | ||||||
6 | he or she chooses to report an incident of alleged domestic or | ||||||
7 | sexual violence . The procedures, which shall be readily | ||||||
8 | accessible to students and parents on the district's website | ||||||
9 | and in a hard-copy format upon the request of any individual, | ||||||
10 | must, at a minimum, include all of the following information : | ||||||
11 | (1) The name and contact information for domestic or | ||||||
12 | sexual violence and parenting resource personnel, the | ||||||
13 | Title IX coordinator, school and school district resource | ||||||
14 | officers or security personnel , and a community-based | ||||||
15 | domestic or sexual violence organization. | ||||||
16 | (2) The name, title, and contact information for | ||||||
17 | confidential resources within the school and school | ||||||
18 | district and a description of what confidential reporting | ||||||
19 | means. | ||||||
20 | (3) An option for the student or the student's parent | ||||||
21 | or guardian to electronically, anonymously, and | ||||||
22 | confidentially report the incident. | ||||||
23 | (4) An option for reports by third parties and | ||||||
24 | bystanders. | ||||||
25 | (5) Information regarding the various individuals or , | ||||||
26 | departments within the school and school district , or |
| |||||||
| |||||||
1 | organizations to whom a student may report an incident of | ||||||
2 | domestic or sexual violence, specifying for each | ||||||
3 | individual or department entity (i) the extent of the | ||||||
4 | individual's or department's entity's reporting obligation | ||||||
5 | to the school's or school district's administration, Title | ||||||
6 | IX coordinator, or other personnel or department entity , | ||||||
7 | (ii) the individual's or department's entity's ability to | ||||||
8 | protect the student's privacy, and (iii) the extent of the | ||||||
9 | individual's or entity's ability to have confidential | ||||||
10 | communications with the student or his or her parent or | ||||||
11 | guardian. The procedures must contain a statement that | ||||||
12 | students and parents are advised to inquire directly with | ||||||
13 | any outside domestic or sexual violence organization as to | ||||||
14 | the organization's reporting obligations and ability to | ||||||
15 | keep information confidential. | ||||||
16 | (6) The adoption of a complaint resolution procedure | ||||||
17 | as provided in Section 26A-25. | ||||||
18 | (d) A school district must post its revised policies and | ||||||
19 | procedures on its website, distribute them at the beginning of | ||||||
20 | each school year to each student, and upon request, make | ||||||
21 | copies available to each student and his or her parent or | ||||||
22 | guardian for inspection and copying at no cost to the student | ||||||
23 | or parent or guardian at each school within a school district.
| ||||||
24 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||
25 | (105 ILCS 5/26A-25) |
| |||||||
| |||||||
1 | (This Section may contain text from a Public Act with a | ||||||
2 | delayed effective date ) | ||||||
3 | Sec. 26A-25. Complaint resolution procedure. | ||||||
4 | (a) On or before July 1, 2024, each school district must | ||||||
5 | adopt one procedure to resolve complaints of violations of | ||||||
6 | this amendatory Act of the 102nd General Assembly. The | ||||||
7 | respondent must be one or more of the following: the school, | ||||||
8 | school district, or school personnel. These procedures shall | ||||||
9 | comply with the confidentiality provisions of Sections 26A-20 | ||||||
10 | and 26A-30. The procedures must include, at minimum, all of | ||||||
11 | the following: | ||||||
12 | (1) The opportunity to consider the most appropriate | ||||||
13 | means to execute the procedure considering school safety, | ||||||
14 | the developmental level of students, methods to reduce | ||||||
15 | trauma during the procedure, and how to avoid multiple | ||||||
16 | communications with students involved with an alleged | ||||||
17 | incident of domestic or sexual violence. | ||||||
18 | (2) Any proceeding, meeting, or hearing held to | ||||||
19 | resolve complaints of any violation of this amendatory Act | ||||||
20 | of the 102nd General Assembly must protect the privacy of | ||||||
21 | the participating parties and witnesses. A school, school | ||||||
22 | district, or school personnel may not disclose the | ||||||
23 | identity of parties or witnesses, except as necessary to | ||||||
24 | resolve the complaint or to implement interim protective | ||||||
25 | measures and reasonable support services or when required | ||||||
26 | by State or federal law. |
| |||||||
| |||||||
1 | (3) Complainants alleging violations of this | ||||||
2 | amendatory Act of the 102nd General Assembly must have the | ||||||
3 | opportunity to request that the complaint resolution | ||||||
4 | procedure begin promptly and proceed in a timely manner. | ||||||
5 | (b) A school district must determine the individuals who | ||||||
6 | will resolve complaints of violations of this amendatory Act | ||||||
7 | of the 102nd General Assembly. | ||||||
8 | (1) All individuals whose duties include resolution of | ||||||
9 | complaints of violations of this amendatory Act of the | ||||||
10 | 102nd General Assembly must complete a minimum of 8 hours | ||||||
11 | of training on issues related to domestic and sexual | ||||||
12 | violence which may include the in-service training | ||||||
13 | required under subsection (d) of 10-22.39, Sections 3-11, | ||||||
14 | 10-23.12, 10-23.13, and 27-23.7 of this Code, Section 3.10 | ||||||
15 | of the Critical Health Problems and Comprehensive Health | ||||||
16 | Education Act, and Section 4 of the Abused and Neglected | ||||||
17 | Child Reporting Act and additional training on how to | ||||||
18 | conduct the school's complaint resolution procedure , which | ||||||
19 | may include the in-service training required under | ||||||
20 | subsection (d) of Section 10-22.39, before commencement of | ||||||
21 | those duties, and must receive a minimum of 6 hours of such | ||||||
22 | training annually thereafter. Training related to domestic | ||||||
23 | and sexual violence, child sexual abuse, the Abused and | ||||||
24 | Neglected Child Reporting Act, and conducting the school's | ||||||
25 | complaint resolution procedures This training must be | ||||||
26 | conducted by an individual or individuals with expertise |
| |||||||
| |||||||
1 | in domestic or sexual violence in youth and expertise in | ||||||
2 | developmentally appropriate communications with | ||||||
3 | elementary and secondary school students regarding topics | ||||||
4 | of a sexual, violent, or sensitive nature. | ||||||
5 | (2) Each school must have a sufficient number of | ||||||
6 | individuals trained to resolve complaints so that (i) a | ||||||
7 | substitution can occur in the case of a conflict of | ||||||
8 | interest or recusal, (ii) an individual with no prior | ||||||
9 | involvement in the initial determination or finding may | ||||||
10 | hear any appeal brought by a party, and (iii) the | ||||||
11 | complaint resolution procedure proceeds in a timely | ||||||
12 | manner. | ||||||
13 | (3) The complainant and any witnesses shall (i) | ||||||
14 | receive notice of the name of the individual with | ||||||
15 | authority to make a finding or approve an accommodation in | ||||||
16 | the proceeding before the individual may initiate contact | ||||||
17 | with the complainant and any witnesses and (ii) have the | ||||||
18 | opportunity to request a substitution if the participation | ||||||
19 | of an individual with authority to make a finding or | ||||||
20 | approve an accommodation poses a conflict of interest. | ||||||
21 | (c) When the alleged violation of this amendatory Act of | ||||||
22 | the 102nd General Assembly involves making a determination or | ||||||
23 | finding of responsibility of causing harm: | ||||||
24 | (1) The individual making the finding must use a | ||||||
25 | preponderance of evidence standard to determine whether | ||||||
26 | the incident occurred. |
| |||||||
| |||||||
1 | (2) The complainant and respondent and any witnesses | ||||||
2 | may not directly or through a representative question one | ||||||
3 | another. At the discretion of the individual resolving the | ||||||
4 | complaint, the complainant and the respondent may suggest | ||||||
5 | questions to be posed by the individual resolving the | ||||||
6 | complaint and if the individual resolving the complaint | ||||||
7 | decides to pose such questions. | ||||||
8 | (3) A live hearing is not required. If the complaint | ||||||
9 | resolution procedure includes a hearing, no student who is | ||||||
10 | a witness, including the complainant, may be compelled to | ||||||
11 | testify in the presence of a party or other witness. If a | ||||||
12 | witness invokes this right to testify outside the presence | ||||||
13 | of the other party or other witnesses, then the school | ||||||
14 | district must provide an option by which each party may, | ||||||
15 | at a minimum, hear such witnesses' testimony. | ||||||
16 | (d) Each party and witness may request and must be allowed | ||||||
17 | to have a representative or support persons of their choice | ||||||
18 | accompany them to any meeting or proceeding related to the | ||||||
19 | alleged violence or violation of this amendatory Act of the | ||||||
20 | 102nd General Assembly if the involvement of the | ||||||
21 | representative or support persons does not result in undue | ||||||
22 | delay of the meeting or proceeding. This representative or | ||||||
23 | support persons must comply with any rules of the school | ||||||
24 | district's complaint resolution procedure. If the | ||||||
25 | representative or support persons violate the rules or engage | ||||||
26 | in behavior or advocacy that harasses, abuses, or intimidates |
| |||||||
| |||||||
1 | either part, a witness, or an individual resolving the | ||||||
2 | complaint, the representative or support person may be | ||||||
3 | prohibited from further participation in the meeting or | ||||||
4 | proceeding. | ||||||
5 | (e) The complainant, regardless of the level of | ||||||
6 | involvement in the complaint resolution procedure, and the | ||||||
7 | respondent must have the opportunity to provide or present | ||||||
8 | evidence and witnesses on their behalf during the complaint | ||||||
9 | resolution procedure. | ||||||
10 | (f) The complainant and respondent and any named | ||||||
11 | perpetrator directly impacted by the results of the complaint | ||||||
12 | resolution procedure, are entitled to simultaneous written | ||||||
13 | notification of the results of the complaint resolution | ||||||
14 | procedure, including information regarding appeals rights and | ||||||
15 | procedures, within 10 business days after a decision or sooner | ||||||
16 | if required by State or federal law or district policy. | ||||||
17 | (1) The complainant, respondents, and named | ||||||
18 | perpetrator if directly impacted by the results of the | ||||||
19 | complaint resolution procedure must, at a minimum, have | ||||||
20 | the right to timely appeal the complaint resolution | ||||||
21 | procedure's findings or remedies if a party alleges (i) a | ||||||
22 | procedural error occurred, (ii) new information exists | ||||||
23 | that would substantially change the outcome of the | ||||||
24 | proceeding, (iii) the remedy is not sufficiently related | ||||||
25 | to the finding, or (iv) the decision is against the weight | ||||||
26 | of the evidence. |
| |||||||
| |||||||
1 | (2) An individual reviewing the findings or remedies | ||||||
2 | may not have previously participated in the complaint | ||||||
3 | resolution procedure and may not have a conflict of | ||||||
4 | interest with either party. | ||||||
5 | (3) The complainant and respondent and any | ||||||
6 | perpetrators directly impacted by the results of the | ||||||
7 | complaint resolution procedure must receive the appeal | ||||||
8 | decision, in writing, within 10 business days, but never | ||||||
9 | more than 15 business days, after the conclusion of the | ||||||
10 | review of findings or remedies or sooner if required by | ||||||
11 | State or federal law. | ||||||
12 | (g) Each school district must have a procedure to | ||||||
13 | determine interim protective measures and support services | ||||||
14 | available pending the resolution of the complaint including | ||||||
15 | the implementation of court orders.
| ||||||
16 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||
17 | (105 ILCS 5/26A-30) | ||||||
18 | (This Section may contain text from a Public Act with a | ||||||
19 | delayed effective date ) | ||||||
20 | Sec. 26A-30. Confidentiality. | ||||||
21 | (a) Each school district must adopt and ensure that it has | ||||||
22 | and implements a policy , which may be combined with and | ||||||
23 | incorporated into the policy required under Section 26A-20 or | ||||||
24 | other relevant existing policy,
to ensure that all information | ||||||
25 | concerning a
student's status and related experiences as a |
| |||||||
| |||||||
1 | parent, expectant parent, or victim of domestic or sexual | ||||||
2 | violence, or a student who is a named perpetrator of domestic | ||||||
3 | or sexual violence, provided to or otherwise obtained by an | ||||||
4 | employee or agent of the school district or its employees or | ||||||
5 | agents pursuant to this Code or otherwise, including a | ||||||
6 | statement of the student or any other documentation, record, | ||||||
7 | or corroborating evidence that the student has requested or | ||||||
8 | obtained assistance, support, or services pursuant to this | ||||||
9 | Code, shall be retained in the strictest of confidence by the | ||||||
10 | employees or agents of the school district or its employees or | ||||||
11 | agents and may not be disclosed to any other individual | ||||||
12 | outside of the district, including any other employee, except | ||||||
13 | if such disclosure is (i) permitted or required pursuant to | ||||||
14 | the Abused and Neglected Child Reporting Act, current Title IX | ||||||
15 | regulations prescribed by the U.S. Department of Education, by | ||||||
16 | the Illinois School Student Records Act, the federal Family | ||||||
17 | Educational Rights and Privacy Act of 1974, or other | ||||||
18 | applicable State or federal laws, or any professional code of | ||||||
19 | ethics, policies, or standards that govern personnel who hold | ||||||
20 | a professional educator license issued by the State Board of | ||||||
21 | Education or other contractual professional staff working with | ||||||
22 | students, (ii) requested or consented to, in writing, by the | ||||||
23 | student or the student's parent or guardian if it is safe to | ||||||
24 | obtain written consent from the student's parent or guardian , | ||||||
25 | or (iii) deemed necessary to address imminent risk of serious | ||||||
26 | physical injury or death of a student or other persons, |
| |||||||
| |||||||
1 | including to the victim. Nothing in this Section shall | ||||||
2 | prohibit any employee of the school district or contractual | ||||||
3 | professional staff working with students who has received | ||||||
4 | confidential information from seeking guidance and support | ||||||
5 | from an appropriate administrator or the resource personnel as | ||||||
6 | required in Section 26A-35 regarding a confidential | ||||||
7 | disclosure, provided that no personally identifiable | ||||||
8 | information about the student is disclosed. Nothing in this | ||||||
9 | Section shall prohibit any employee of the school district or | ||||||
10 | contractual professional staff working with students who has | ||||||
11 | received confidential information about a student's status | ||||||
12 | from disclosing information to the student's parent or | ||||||
13 | guardian about any imminent risk of serious physical injury or | ||||||
14 | death to the student or another person. If disclosing such | ||||||
15 | risk does not require disclosing confidential information | ||||||
16 | about a student's status, then the student's status must be | ||||||
17 | shared . | ||||||
18 | Employees or agents of the school district must inform all | ||||||
19 | minors 12 years of age or older of the availability of | ||||||
20 | counseling without parental or guardian consent under Section | ||||||
21 | 3-550 of the Mental Health and Developmental Disabilities | ||||||
22 | Code. | ||||||
23 | (b) Prior to disclosing information about a student's | ||||||
24 | status as a parent, expectant parent, or victim of domestic or | ||||||
25 | sexual violence as permitted or required under subsection (a) , | ||||||
26 | a school must notify the student and, unless the student is at |
| |||||||
| |||||||
1 | least 18 years of age or emancipated, the student's parent or | ||||||
2 | guardian if it is determined to be safe to do so and discuss | ||||||
3 | and address any safety concerns related to the disclosure, | ||||||
4 | including instances in which the student indicates or the
| ||||||
5 | school or school district or its employees or agents are | ||||||
6 | otherwise aware that the student's health or safety may be at | ||||||
7 | risk if his or her status is disclosed to the student's parent | ||||||
8 | or guardian , except as otherwise permitted by applicable State | ||||||
9 | or federal law, including the Abused and Neglected Child | ||||||
10 | Reporting Act, the Illinois School Student Records Act, the | ||||||
11 | federal Family Educational Rights and Privacy Act of 1974, and | ||||||
12 | professional ethics policies that govern professional school | ||||||
13 | personnel . Notwithstanding any other provision of this | ||||||
14 | subsection, prior notification of the disclosure and the | ||||||
15 | required discussion regarding safety shall not be required to | ||||||
16 | the extent an employee or agent of the school district deems it | ||||||
17 | necessary to address an imminent risk of serious physical | ||||||
18 | injury or death of a student or another person, including to | ||||||
19 | the victim. If prior notification is not able to be given, such | ||||||
20 | notification shall be provided and safety concerns shall be | ||||||
21 | discussed with the student as soon as practicable and without | ||||||
22 | delay following the disclosure. | ||||||
23 | (c) No student may be required to testify publicly | ||||||
24 | concerning his or her status as a victim of domestic or sexual | ||||||
25 | violence, allegations of domestic or sexual violence, his or | ||||||
26 | her status as a parent or expectant parent, or the student's |
| |||||||
| |||||||
1 | efforts to enforce any of his or her rights under provisions of | ||||||
2 | this Code relating to students who are parents, expectant
| ||||||
3 | parents, or victims of domestic or sexual violence. | ||||||
4 | (d) In the case of domestic or sexual violence, except (i) | ||||||
5 | as permitted or required under State or federal law, including | ||||||
6 | the Abused and Neglected Child Reporting Act, current Title IX | ||||||
7 | regulations prescribed by the U.S. Department of Education, | ||||||
8 | the Illinois School Student Records Act, the federal Family | ||||||
9 | Educational Rights and Privacy Act of 1974, and professional | ||||||
10 | ethics, codes, policies or standards that govern personnel | ||||||
11 | holding a professional educator license issued by the State | ||||||
12 | Board of Education or other contractual professional staff | ||||||
13 | working with students or (ii) to the extent that an employee or | ||||||
14 | agent of the school district deems it necessary to address | ||||||
15 | imminent risk of serious physical injury or death of a student | ||||||
16 | or another person that a school official determines that the | ||||||
17 | school official has an obligation to do so based on safety | ||||||
18 | concerns or threats to the community , including the victim, a | ||||||
19 | school district must not contact the person named to be the | ||||||
20 | perpetrator, the perpetrator's family, or any other person | ||||||
21 | named by the student or named by the student's parent or | ||||||
22 | guardian to be unsafe to contact to verify the violence. If a A | ||||||
23 | school district contacts must not contact the perpetrator, the | ||||||
24 | perpetrator's family, or any
other person named by the student | ||||||
25 | or the student's parent or guardian to be unsafe for any other | ||||||
26 | reason , as permitted or required under this Section, the |
| |||||||
| |||||||
1 | school district shall provide without providing prior written | ||||||
2 | notice to the student in a written and developmentally | ||||||
3 | appropriate manner if the minor is 12 years of age or older. | ||||||
4 | For minors under the age of 12 years, the school district shall | ||||||
5 | provide prior written notice to the student in a | ||||||
6 | developmentally appropriate manner, and if it is determined to | ||||||
7 | be safe to do so, the student's parent or guardian. | ||||||
8 | Notwithstanding any other provision of this subsection to | ||||||
9 | the contrary, prior written notice shall not be required to | ||||||
10 | the extent that an employee or agent of the school district | ||||||
11 | deems it necessary to address an imminent risk of serious | ||||||
12 | physical injury or death of the student or another person, | ||||||
13 | including to the victim. If prior written notification is not | ||||||
14 | given, such notification shall be provided as soon as | ||||||
15 | practicable and without delay following the disclosure to the | ||||||
16 | student, and, unless the student is over the age of 18 years, | ||||||
17 | emancipated, or if it is determined to be safe, to the parent | ||||||
18 | or guardian. | ||||||
19 | Nothing in this Section prohibits the school , or school | ||||||
20 | district , or its employees or agents from taking other steps | ||||||
21 | to investigate the violence or from contacting persons not | ||||||
22 | named by the student or the student's parent or guardian as | ||||||
23 | unsafe to contact. Nothing in this Section prohibits the | ||||||
24 | school , or school district , or its employees or agents from | ||||||
25 | taking reasonable steps to protect students , including the | ||||||
26 | victim . If the reasonable steps taken to protect students , |
| |||||||
| |||||||
1 | including the victim, involve conduct that is prohibited under | ||||||
2 | this subsection, the school must provide notice of the actions | ||||||
3 | that were taken explaining why the actions were necessary to | ||||||
4 | the reporting student in a written and developmentally | ||||||
5 | appropriate manner if the minor is 12 years of age or older , | ||||||
6 | in writing and in a developmentally appropriate communication | ||||||
7 | format, of its intent to contact the parties named to be | ||||||
8 | unsafe . For minors under the age of 12 years, the school | ||||||
9 | district shall provide written notice to the student in a | ||||||
10 | developmentally appropriate manner, and if it is determined to | ||||||
11 | be safe to do so, to the student's parent or guardian.
| ||||||
12 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||
13 | (105 ILCS 5/26A-40) | ||||||
14 | (This Section may contain text from a Public Act with a | ||||||
15 | delayed effective date ) | ||||||
16 | Sec. 26A-40. Support and services. | ||||||
17 | (a) To facilitate the full participation of students who | ||||||
18 | are parents, expectant parents, or victims of domestic or | ||||||
19 | sexual violence, each school district must offer provide those | ||||||
20 | students with in-school support services and information | ||||||
21 | regarding nonschool-based support services, and the ability to | ||||||
22 | make up work missed on account of circumstances related to the | ||||||
23 | student's status as a parent, expectant parent, or victim of | ||||||
24 | domestic or sexual violence. Victims of domestic or sexual | ||||||
25 | violence must have access to those supports and services |
| |||||||
| |||||||
1 | regardless of when or where the violence for which they are | ||||||
2 | seeking supports and services occurred. All supports and | ||||||
3 | services must be offered for as long as necessary to maintain | ||||||
4 | the mental and physical well-being and safety of the student. | ||||||
5 | Schools may periodically check on students receiving supports | ||||||
6 | and services to determine whether each support and service | ||||||
7 | continues to be necessary to maintain the mental and physical | ||||||
8 | well-being and safety of the student or whether termination is | ||||||
9 | appropriate. Any services offered under this Article to a | ||||||
10 | student with a disability must not conflict with the student's | ||||||
11 | individualized education plan or a Section 504 plan under the | ||||||
12 | federal Rehabilitation Act of 1973 and the requirements of | ||||||
13 | applicable State or federal law. | ||||||
14 | (b) Support available Supports provided under subsection | ||||||
15 | (a) shall
include, but are not limited to (i) the provision of
| ||||||
16 | sufficiently private settings to ensure confidentiality and
| ||||||
17 | time off from class for meetings with counselors or other
| ||||||
18 | service providers, (ii) assisting the student with a student
| ||||||
19 | success plan, (iii) transferring a victim of domestic or
| ||||||
20 | sexual violence or the student perpetrator to a different
| ||||||
21 | classroom or school, if available, (iv) changing a seating | ||||||
22 | assignment, (v)
implementing in-school, school grounds, and | ||||||
23 | bus safety
procedures, (vi) honoring court orders, including | ||||||
24 | orders of
protection and no-contact orders to the fullest | ||||||
25 | extent
possible, and (vii) providing any other supports that | ||||||
26 | may
facilitate the full participation in the regular education
|
| |||||||
| |||||||
1 | program of students who are parents, expectant parents, or
| ||||||
2 | victims of domestic or sexual violence. | ||||||
3 | (c) If a student who is a parent, expectant parent, or
| ||||||
4 | victim of domestic or sexual violence is a student at risk of
| ||||||
5 | academic failure or displays poor academic performance, the
| ||||||
6 | student or the student's parent or guardian may request that
| ||||||
7 | the school district provide the student with or refer the
| ||||||
8 | student to education and support services designed to assist
| ||||||
9 | the student in meeting State learning standards. A school
| ||||||
10 | district may either provide education or support services
| ||||||
11 | directly or may collaborate with public or private State,
| ||||||
12 | local, or community-based organizations or agencies that
| ||||||
13 | provide these services. A school district must also inform
| ||||||
14 | those students about support services of
nonschool-based | ||||||
15 | organizations and agencies from which those
students typically | ||||||
16 | receive services in the community. | ||||||
17 | (d) Any student who is unable, because of circumstances
| ||||||
18 | related to the student's status as a parent, expectant parent,
| ||||||
19 | or victim of domestic or sexual violence, to participate in
| ||||||
20 | classes on a particular day or days or at the particular time
| ||||||
21 | of day must be excused in accordance with the procedures set | ||||||
22 | forth in this Code.
Upon student or parent or guardian's | ||||||
23 | request, the
teachers and of the school administrative | ||||||
24 | personnel and
officials shall make available to each student | ||||||
25 | who is unable to
participate because of circumstances related | ||||||
26 | to the student's
status as a parent, expectant parent, or |
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1 | victim of domestic or
sexual violence a meaningful opportunity | ||||||
2 | to make up any
examination, study, or work requirement that | ||||||
3 | the student has
missed because of the inability to participate | ||||||
4 | on any
particular day or days or at any particular time of day. | ||||||
5 | For a
student receiving homebound instruction, it is the
| ||||||
6 | responsibility of the student and parent to work with the
| ||||||
7 | school or school district to meet academic standards for
| ||||||
8 | matriculation, as defined by school district policy. Costs
| ||||||
9 | assessed by the school district on the student for
| ||||||
10 | participation in those activities shall be considered waivable
| ||||||
11 | fees for any student whose parent or guardian is unable to
| ||||||
12 | afford them, consistent with Section 10-20.13. Each school
| ||||||
13 | district must adopt written policies for waiver
of those fees | ||||||
14 | in accordance with rules adopted by the State
Board of | ||||||
15 | Education. | ||||||
16 | (e) If a school or school district employee or agent
| ||||||
17 | becomes aware of or suspects a student's status as a parent,
| ||||||
18 | expectant parent, or victim of domestic or sexual violence, it
| ||||||
19 | is the responsibility of the employee or agent of the school or
| ||||||
20 | school district to
refer the student to the school district's | ||||||
21 | domestic
or sexual violence and parenting resource personnel | ||||||
22 | set forth
in Section 26A-35 as soon as the domestic or sexual | ||||||
23 | violence and parenting resource personnel is designated or | ||||||
24 | appointed or by June 30, 2024, whichever is sooner . A school | ||||||
25 | district must make respecting a
student's privacy, | ||||||
26 | confidentiality, mental and physical
health, and safety a |
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1 | paramount concern. | ||||||
2 | (f) Each school must honor a student's and a parent's or
| ||||||
3 | guardian's decision to obtain education and support services
| ||||||
4 | and nonschool-based support services, to
terminate the receipt | ||||||
5 | of those education and support services,
or nonschool-based | ||||||
6 | support services, or to
decline participation in those | ||||||
7 | education and support services,
or nonschool-based support | ||||||
8 | services. No
student is obligated to use education and support | ||||||
9 | services,
or nonschool-based support services. In
developing | ||||||
10 | educational support services, the
privacy, mental and physical | ||||||
11 | health, and safety of the student
shall be of paramount | ||||||
12 | concern. No adverse or prejudicial
effects may result to any | ||||||
13 | student because of the student's
availing of or declining the | ||||||
14 | provisions of this Section as
long as the student is working | ||||||
15 | with the school to meet academic
standards for matriculation | ||||||
16 | as defined by school district
policy. | ||||||
17 | (g) Any support services
must be available in any school | ||||||
18 | or by home
or hospital instruction to the highest quality and | ||||||
19 | fullest
extent possible for the individual setting. | ||||||
20 | (h) School-based counseling
services, if available, must | ||||||
21 | be offered to students
who are parents, expectant parents, or | ||||||
22 | victims of domestic or
sexual violence consistent with the | ||||||
23 | Mental Health and
Developmental Disabilities Code. At least | ||||||
24 | once every school
year, each school district must inform, in | ||||||
25 | writing, all school
personnel and all students 12 years of age | ||||||
26 | or older of the
availability of counseling without parental or |
| |||||||
| |||||||
1 | guardian
consent under Section 3-5A-105 (to be renumbered as | ||||||
2 | Section
3-550 in a revisory bill as of the effective date of | ||||||
3 | this
amendatory Act of the 102nd General Assembly) of the | ||||||
4 | Mental
Health and Developmental Disabilities Code. This | ||||||
5 | information
must also be provided to students immediately | ||||||
6 | after any school
personnel becomes aware that a student is a | ||||||
7 | parent, expectant
parent, or victim of domestic or sexual | ||||||
8 | violence. | ||||||
9 | (i) All domestic or sexual violence organizations and
| ||||||
10 | their staff and any other nonschool organization and its staff
| ||||||
11 | shall maintain confidentiality under federal and State
laws | ||||||
12 | and their professional ethics policies regardless of when
or | ||||||
13 | where information, advice, counseling, or any other
| ||||||
14 | interaction with students takes place. A school or school
| ||||||
15 | district may not request or require those organizations or
| ||||||
16 | individuals to breach confidentiality.
| ||||||
17 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||
18 | (105 ILCS 5/26A-45) | ||||||
19 | (This Section may contain text from a Public Act with a | ||||||
20 | delayed effective date ) | ||||||
21 | Sec. 26A-45. Verification. | ||||||
22 | (a) For purposes of students asserting their rights under | ||||||
23 | provisions relating to domestic or sexual violence in Sections | ||||||
24 | 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a | ||||||
25 | school district may require verification of the claim. The |
| |||||||
| |||||||
1 | student or the student's parents or guardians shall choose | ||||||
2 | which form of verification to submit to the school district. A | ||||||
3 | school district may only require one form of verification, | ||||||
4 | unless the student is requesting a transfer to another school, | ||||||
5 | in which case the school district may require 2 forms of | ||||||
6 | verification. All forms of verification received by a school | ||||||
7 | district under this subsection (a) must be kept in a | ||||||
8 | confidential temporary file, in accordance with the Illinois | ||||||
9 | School Student Records Act. Any one of the following shall be | ||||||
10 | an acceptable form of verification of a student's claim of | ||||||
11 | domestic or sexual violence: | ||||||
12 | (1) A written statement from the student or anyone who | ||||||
13 | has knowledge of the circumstances that support the | ||||||
14 | student's claim. This may be in the form of a complaint. | ||||||
15 | (2) A police report, governmental agency record, or | ||||||
16 | court record. | ||||||
17 | (3) A statement or other documentation from a | ||||||
18 | qualified employee of a domestic or sexual violence | ||||||
19 | organization or any other organization from which the | ||||||
20 | student sought services or advice. For purposes of this | ||||||
21 | paragraph (3), a qualified employee includes an advocate, | ||||||
22 | counselor, therapist, supervisor, or executive director | ||||||
23 | working at a rape crisis organization, as defined in | ||||||
24 | Section 8-802.1 of the Code of the Civil Procedure, a | ||||||
25 | domestic violence program, as defined in Section 227 of | ||||||
26 | the Illinois Domestic Violence Act of 1986, or an |
| |||||||
| |||||||
1 | accredited children's advocacy center. | ||||||
2 | (4) Documentation from a lawyer, clergy person, | ||||||
3 | medical professional, or other professional from whom the | ||||||
4 | student sought services or advice related to domestic or | ||||||
5 | sexual violence. | ||||||
6 | (5) Any other evidence, such as physical evidence of | ||||||
7 | violence, which supports the claim. | ||||||
8 | (b) A student or a student's parent or guardian who has | ||||||
9 | provided acceptable verification that the student is or has | ||||||
10 | been a victim of domestic or sexual violence may not be | ||||||
11 | required to provide any additional verification if the | ||||||
12 | student's efforts to assert rights under this Code stem from a | ||||||
13 | claim involving the same perpetrator or the same incident of | ||||||
14 | violence. No school or school district shall request or | ||||||
15 | require additional documentation. | ||||||
16 | (c) Except (i) as otherwise permitted or required by State | ||||||
17 | or federal law, including the Abused and Neglected Child | ||||||
18 | Reporting Act, current Title IX regulations prescribed by the | ||||||
19 | U.S. Department of Education, the Illinois School Student | ||||||
20 | Records Act, the federal Family Educational Rights and Privacy | ||||||
21 | Act of 1974, and professional ethics, codes, policies, or | ||||||
22 | standards that govern personnel holding a professional | ||||||
23 | educator license issued by the State Board of Education or | ||||||
24 | other contractual professional staff working with students or | ||||||
25 | (ii) to the extent that an employee or agent of the school | ||||||
26 | district deems it necessary to address an imminent risk of |
| |||||||
| |||||||
1 | serious physical injury or death of a student or another | ||||||
2 | person, including to the victim, in cases of domestic or | ||||||
3 | sexual violence the The person named to be the perpetrator, | ||||||
4 | the
perpetrator's family, or any other person named by the | ||||||
5 | student
or the student's parent or guardian to be unsafe to | ||||||
6 | contact may
not be contacted to verify the violence , except to | ||||||
7 | the extent that the district determines that it has an | ||||||
8 | obligation to do so based on federal or State law or safety | ||||||
9 | concerns for the school community, including such concerns for | ||||||
10 | the victim. Prior to making contact, a school must notify the | ||||||
11 | student and his or his parent or guardian in writing and in a | ||||||
12 | developmentally appropriate manner, and discuss
and address | ||||||
13 | any safety concerns related to making such contact .
| ||||||
14 | If a school district contacts the perpetrator, the | ||||||
15 | perpetrator's family, or any other person named by the student | ||||||
16 | or the student's parent or guardian to be unsafe for any other | ||||||
17 | reason, as required or permitted in this Section, the school | ||||||
18 | district shall provide prior notice to the student in a | ||||||
19 | written and developmentally appropriate manner if the minor is | ||||||
20 | 12 years of age or older. For minors under the age of 12 years, | ||||||
21 | the school district must provide prior written notice to the | ||||||
22 | student in a developmentally appropriate manner, and if it is | ||||||
23 | determined to be safe to do so, to the student's parent or | ||||||
24 | guardian. | ||||||
25 | Notwithstanding any other provision of this subsection to | ||||||
26 | the contrary, prior written notice shall not be required to |
| |||||||
| |||||||
1 | the extent that an employee or agent of the school district | ||||||
2 | deems it necessary to address an imminent risk of serious | ||||||
3 | physical injury or death of the student or another person, | ||||||
4 | including to the victim. If prior written notification is not | ||||||
5 | given, such notification shall be provided as soon as | ||||||
6 | practicable and without delay following the disclosure to the | ||||||
7 | student, and, unless the student is over the age of 18 years, | ||||||
8 | emancipated, or if it is determined to be safe, to the parent | ||||||
9 | or guardian. | ||||||
10 | (Source: P.A. 102-466, eff. 7-1-25.) | ||||||
11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes | ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act.
| ||||||
18 | Section 99. Effective date. This Act takes effect July 1, | ||||||
19 | 2022, except that the provisions changing Section 26A-30 of | ||||||
20 | the School Code take effect on July 1, 2023.".
|