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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||
5 | 10-20.14 and 34-19 as follows:
| ||||||||||||||||||||||||||||
6 | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
| ||||||||||||||||||||||||||||
7 | Sec. 10-20.14.
Student discipline policies; Parent-teacher | ||||||||||||||||||||||||||||
8 | advisory
committee.
| ||||||||||||||||||||||||||||
9 | (a) To establish and maintain
a parent-teacher advisory | ||||||||||||||||||||||||||||
10 | committee to develop with the school board
policy guidelines on | ||||||||||||||||||||||||||||
11 | pupil discipline, including school searches, to
furnish a copy | ||||||||||||||||||||||||||||
12 | of the
policy to the parents or guardian of each pupil within | ||||||||||||||||||||||||||||
13 | 15 days after
the beginning of the school year, or within 15 | ||||||||||||||||||||||||||||
14 | days after starting classes
for a pupil who transfers into the | ||||||||||||||||||||||||||||
15 | district during the school year, and to
require that each | ||||||||||||||||||||||||||||
16 | school informs its pupils of the contents of its policy.
School | ||||||||||||||||||||||||||||
17 | boards, along with the parent-teacher advisory committee, are
| ||||||||||||||||||||||||||||
18 | encouraged to annually review their pupil discipline policies, | ||||||||||||||||||||||||||||
19 | the
implementation of those policies, and any other factors | ||||||||||||||||||||||||||||
20 | related to the safety
of their
schools, pupils, and staff.
| ||||||||||||||||||||||||||||
21 | (b) The parent-teacher advisory
committee in cooperation | ||||||||||||||||||||||||||||
22 | with local law enforcement agencies shall develop,
with the | ||||||||||||||||||||||||||||
23 | school board, policy guideline procedures to
establish
and |
| |||||||
| |||||||
1 | maintain a reciprocal reporting system between the school | ||||||
2 | district and
local law enforcement agencies regarding criminal | ||||||
3 | offenses committed by
students.
| ||||||
4 | (c) The parent-teacher advisory committee, in cooperation | ||||||
5 | with school bus
personnel, shall develop, with the school | ||||||
6 | board, policy guideline procedures to
establish and maintain | ||||||
7 | school bus safety procedures. These procedures shall be
| ||||||
8 | incorporated into the district's pupil discipline policy.
| ||||||
9 | (d) The school board, in consultation with the | ||||||
10 | parent-teacher
advisory committee and other community-based | ||||||
11 | organizations, must include
provisions in the student | ||||||
12 | discipline
policy to address students who have demonstrated | ||||||
13 | behaviors that put them at
risk for aggressive behavior, | ||||||
14 | including without limitation bullying, as
defined in the | ||||||
15 | policy. These provisions must include
procedures for notifying | ||||||
16 | parents or legal guardians and
early intervention procedures
| ||||||
17 | based upon available community-based and district resources.
| ||||||
18 | (e) It is the intent of the General Assembly to promote a | ||||||
19 | safe
and supportive learning environment in schools, to protect
| ||||||
20 | students and staff from conduct that poses a serious threat to
| ||||||
21 | school safety, and to encourage schools to use alternatives to
| ||||||
22 | expulsion or referral to law enforcement agencies by addressing
| ||||||
23 | disruptive behavior through restitution, civil citation, teen
| ||||||
24 | court, neighborhood restorative justice, or similar programs. | ||||||
25 | The General Assembly finds that zero-tolerance policies are not
| ||||||
26 | intended to be rigorously applied to petty acts of misconduct
|
| |||||||
| |||||||
1 | and misdemeanors, including, but not limited to, minor fights | ||||||
2 | or
disturbances. The General Assembly finds that | ||||||
3 | zero-tolerance policies
must apply equally to all students | ||||||
4 | regardless of their economic
status, race, or disability. | ||||||
5 | (1) As part of the pupil discipline policy, each school | ||||||
6 | board shall adopt a policy of zero tolerance that does all | ||||||
7 | of the following: | ||||||
8 | (A) Defines criteria for reporting any act that | ||||||
9 | occurs
whenever or wherever students are within the | ||||||
10 | jurisdiction of the school board. | ||||||
11 | (B) Defines acts that pose a serious threat to | ||||||
12 | school
safety. | ||||||
13 | (C) Defines petty acts of misconduct. | ||||||
14 | (D) Minimizes the victimization of students or | ||||||
15 | staff,
including taking all steps necessary to protect | ||||||
16 | the victim of
any violent crime from any further | ||||||
17 | victimization. | ||||||
18 | (E) Establishes a procedure that ensures each | ||||||
19 | student has the opportunity to appeal disciplinary | ||||||
20 | actions, which procedure shall incorporate the | ||||||
21 | provisions of subsections (a) and (b) of Section | ||||||
22 | 10-22.6 of this Code. | ||||||
23 | (F) Incorporates the provisions of subsections (d) | ||||||
24 | and (d-5) of Section 10-22.6 of this Code. | ||||||
25 | (G) Incorporates the provisions of subdivision (h) | ||||||
26 | of subsection (1) of Section 5-905 of the Juvenile |
| |||||||
| |||||||
1 | Court Act of 1987. | ||||||
2 | (2) In addition to the reciprocal reporting system | ||||||
3 | under subsection (b) of this Section, each school board | ||||||
4 | shall enter into agreements with local law enforcement | ||||||
5 | agencies specifying guidelines for ensuring that acts that | ||||||
6 | pose a serious threat to school safety, whether committed | ||||||
7 | by a student or an adult, are reported to a law enforcement | ||||||
8 | agency. The agreements must include the role of school | ||||||
9 | resource officers, if applicable, in handling reported | ||||||
10 | incidents, circumstances in which school officials may | ||||||
11 | handle incidents without filing a report with a law | ||||||
12 | enforcement agency, and a procedure for ensuring that | ||||||
13 | school personnel properly report appropriate delinquent | ||||||
14 | acts and crimes. | ||||||
15 | Zero-tolerance policies may not require the reporting
| ||||||
16 | of petty acts of misconduct and misdemeanors to a law
| ||||||
17 | enforcement agency, including, but not limited to, | ||||||
18 | disorderly
conduct, disrupting a school function, simple | ||||||
19 | assault or
battery, affray, theft of less than $300, | ||||||
20 | trespassing, and
vandalism of less than $1,000. | ||||||
21 | The school principal shall ensure that all school | ||||||
22 | personnel are properly informed as to their | ||||||
23 | responsibilities regarding crime reporting, that | ||||||
24 | appropriate delinquent acts and crimes are properly | ||||||
25 | reported, and that actions taken in cases with special | ||||||
26 | circumstances are properly taken and documented. |
| |||||||
| |||||||
1 | (3) Each school board shall adopt a cooperative
| ||||||
2 | agreement with the Department of Juvenile Justice that
| ||||||
3 | establishes guidelines for ensuring that any no contact | ||||||
4 | order
entered by a court is reported and enforced and that | ||||||
5 | all of the
necessary steps are taken to protect the victim | ||||||
6 | of the offense.
An offender who is not exempted may not | ||||||
7 | attend any school
attended by the victim or a sibling of | ||||||
8 | the victim of the offense
or ride on a school bus on which | ||||||
9 | the victim or a sibling of the
victim is riding. The | ||||||
10 | offender shall be permitted by the
school board to attend | ||||||
11 | another school within the
school district in which the | ||||||
12 | offender resides, but only if the
other school is not | ||||||
13 | attended by the victim or a sibling of the
victim of the | ||||||
14 | offense; or the offender may be permitted by
another | ||||||
15 | district school board to attend a school in that
district | ||||||
16 | if the offender is unable to attend any school in the
| ||||||
17 | district in which the offender resides. If the offender is | ||||||
18 | unable to attend any other school in the district in which | ||||||
19 | the offender resides and is prohibited from attending a | ||||||
20 | school in another district, the
school board in the | ||||||
21 | district in which the offender
resides shall take every | ||||||
22 | reasonable precaution to keep the
offender separated from | ||||||
23 | the victim while on school grounds or on
school | ||||||
24 | transportation. The steps to be taken by a school board to | ||||||
25 | keep the offender separated from the victim must
include, | ||||||
26 | but are not limited to, in-school suspension of
the |
| |||||||
| |||||||
1 | offender and the scheduling of classes, lunch, or other
| ||||||
2 | school activities of the victim and the offender so as not | ||||||
3 | to
coincide. The offender, or the parents of the offender | ||||||
4 | if the
offender is a juvenile, shall arrange and pay for | ||||||
5 | transportation associated with or required by the | ||||||
6 | offender's attending another school or that would be | ||||||
7 | required as a consequence of the prohibition against riding | ||||||
8 | on a school bus on which the victim or a sibling of the | ||||||
9 | victim is riding. However, the offender or the parents of | ||||||
10 | the offender may not be charged for existing modes of
| ||||||
11 | transportation that can be used by the offender at no | ||||||
12 | additional
cost to the district. | ||||||
13 | (4) Any disciplinary or prosecutorial action taken | ||||||
14 | against
a student who violates a zero-tolerance policy must | ||||||
15 | be based on
the individual student and the particular | ||||||
16 | circumstances of the
student's misconduct. | ||||||
17 | (5) School districts are encouraged to use | ||||||
18 | alternatives to
expulsion or referral to law enforcement | ||||||
19 | agencies unless the use
of such alternatives will pose a | ||||||
20 | threat to school safety. | ||||||
21 | (Source: P.A. 91-272, eff. 1-1-00; 92-260, eff. 1-1-02.)
| ||||||
22 | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | ||||||
23 | Sec. 34-19. By-laws, rules and regulations; business | ||||||
24 | transacted at
regular meetings; voting; records. | ||||||
25 | (a) The board shall, subject to the limitations
in this |
| |||||||
| |||||||
1 | Article, establish by-laws, rules and regulations, which shall | ||||||
2 | have the
force of ordinances, for the proper maintenance of a | ||||||
3 | uniform system of
discipline for both employees and pupils, and | ||||||
4 | for the entire management of the
schools, and may fix the | ||||||
5 | school age of pupils, the minimum of which in
kindergartens | ||||||
6 | shall not be under 4 years, except that, based upon an | ||||||
7 | assessment of the child's readiness, children who have attended | ||||||
8 | a non-public preschool and continued their education at that | ||||||
9 | school through kindergarten, were taught in kindergarten by an | ||||||
10 | appropriately certified teacher, and will attain the age of 6 | ||||||
11 | years on or before December 31 of the year of the 2009-2010 | ||||||
12 | school term and each school term thereafter may attend first | ||||||
13 | grade upon commencement of such term, and in grade schools | ||||||
14 | shall not be
under 6 years. It may expel, suspend or, subject | ||||||
15 | to the limitations of all
policies established or adopted under | ||||||
16 | Section 14-8.05, otherwise discipline any
pupil found guilty of | ||||||
17 | gross disobedience, misconduct or other violation of the
| ||||||
18 | by-laws, rules and regulations, including gross disobedience | ||||||
19 | or misconduct perpetuated by electronic means. An expelled | ||||||
20 | pupil may be immediately transferred to an alternative program | ||||||
21 | in the manner provided in Article 13A or 13B of this Code. A | ||||||
22 | pupil must not be denied transfer because of the expulsion, | ||||||
23 | except in cases in which such transfer is deemed to cause a | ||||||
24 | threat to the safety of students or staff in the alternative | ||||||
25 | program. A pupil who is suspended in excess of 20 school days | ||||||
26 | may be immediately transferred to an alternative program in the |
| |||||||
| |||||||
1 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
2 | must not be denied transfer because of the suspension, except | ||||||
3 | in cases in which such transfer is deemed to cause a threat to | ||||||
4 | the safety of students or staff in the alternative program. The | ||||||
5 | bylaws, rules and regulations of the board
shall be enacted, | ||||||
6 | money shall be appropriated or expended, salaries shall be
| ||||||
7 | fixed or changed, and textbooks, electronic textbooks, and | ||||||
8 | courses of instruction shall be adopted or
changed only at the | ||||||
9 | regular meetings of the board and by a vote of a
majority of | ||||||
10 | the full membership of the board; provided that
notwithstanding | ||||||
11 | any other provision of this Article or the School Code,
neither | ||||||
12 | the board or any local school council may purchase any textbook | ||||||
13 | for use in any public school of the
district from any textbook | ||||||
14 | publisher that fails to furnish any computer
diskettes as | ||||||
15 | required under Section 28-21. Funds appropriated for textbook | ||||||
16 | purchases must be available for electronic textbook purchases | ||||||
17 | and the technological equipment necessary to gain access to and | ||||||
18 | use electronic textbooks at the local school council's | ||||||
19 | discretion. The board shall be further
encouraged to provide | ||||||
20 | opportunities for public hearing and testimony before
the | ||||||
21 | adoption of bylaws, rules and regulations. Upon all | ||||||
22 | propositions
requiring for their adoption at least a majority | ||||||
23 | of all the members of the
board the yeas and nays shall be | ||||||
24 | taken and reported. The by-laws, rules and
regulations of the | ||||||
25 | board shall not be repealed, amended or added to, except
by a | ||||||
26 | vote of 2/3 of the full membership of the board. The board |
| |||||||
| |||||||
1 | shall keep
a record of all its proceedings. Such records and | ||||||
2 | all
by-laws, rules and regulations, or parts thereof, may be | ||||||
3 | proved by a copy
thereof certified to be such by the secretary | ||||||
4 | of the board, but if they are
printed in book or pamphlet form | ||||||
5 | which are purported to be published by
authority of the board | ||||||
6 | they need not be otherwise published and the book or
pamphlet | ||||||
7 | shall be received as evidence, without further proof, of the
| ||||||
8 | records, by-laws, rules and regulations, or any part thereof, | ||||||
9 | as of the
dates thereof as shown in such book or pamphlet, in | ||||||
10 | all courts and places
where judicial proceedings are had. | ||||||
11 | (b) It is the intent of the General Assembly to promote a | ||||||
12 | safe
and supportive learning environment in schools, to protect
| ||||||
13 | students and staff from conduct that poses a serious threat to
| ||||||
14 | school safety, and to encourage schools to use alternatives to
| ||||||
15 | expulsion or referral to law enforcement agencies by addressing
| ||||||
16 | disruptive behavior through restitution, civil citation, teen
| ||||||
17 | court, neighborhood restorative justice, or similar programs. | ||||||
18 | The General Assembly finds that zero-tolerance policies are not
| ||||||
19 | intended to be rigorously applied to petty acts of misconduct
| ||||||
20 | and misdemeanors, including, but not limited to, minor fights | ||||||
21 | or
disturbances. The General Assembly finds that | ||||||
22 | zero-tolerance policies
must apply equally to all students | ||||||
23 | regardless of their economic
status, race, or disability. | ||||||
24 | (1) As part of the uniform system of discipline for | ||||||
25 | pupils under subsection (a) of this Section, the board | ||||||
26 | shall adopt a policy of zero tolerance that does all of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (A) Defines criteria for reporting any act that | ||||||
3 | occurs
whenever or wherever students are within the | ||||||
4 | jurisdiction of the board. | ||||||
5 | (B) Defines acts that pose a serious threat to | ||||||
6 | school
safety. | ||||||
7 | (C) Defines petty acts of misconduct. | ||||||
8 | (D) Minimizes the victimization of students or | ||||||
9 | staff,
including taking all steps necessary to protect | ||||||
10 | the victim of
any violent crime from any further | ||||||
11 | victimization. | ||||||
12 | (E) Establishes a procedure that ensures each | ||||||
13 | student has the opportunity to appeal disciplinary | ||||||
14 | actions. | ||||||
15 | (F) Incorporates the provisions of subsections (d) | ||||||
16 | and (d-5) of Section 10-22.6 of this Code. | ||||||
17 | (G) Incorporates the provisions of subdivision (h) | ||||||
18 | of subsection (1) of Section 5-905 of the Juvenile | ||||||
19 | Court Act of 1987. | ||||||
20 | (2) The board shall enter into agreements with local | ||||||
21 | law enforcement agencies specifying guidelines for | ||||||
22 | ensuring that acts that pose a serious threat to school | ||||||
23 | safety, whether committed by a student or an adult, are | ||||||
24 | reported to a law enforcement agency. The agreements must | ||||||
25 | include the role of school resource officers, if | ||||||
26 | applicable, in handling reported incidents, circumstances |
| |||||||
| |||||||
1 | in which school officials may handle incidents without | ||||||
2 | filing a report with a law enforcement agency, and a | ||||||
3 | procedure for ensuring that school personnel properly | ||||||
4 | report appropriate delinquent acts and crimes. | ||||||
5 | Zero-tolerance policies may not require the reporting
| ||||||
6 | of petty acts of misconduct and misdemeanors to a law
| ||||||
7 | enforcement agency, including, but not limited to, | ||||||
8 | disorderly
conduct, disrupting a school function, simple | ||||||
9 | assault or
battery, affray, theft of less than $300, | ||||||
10 | trespassing, and
vandalism of less than $1,000. | ||||||
11 | The school principal shall ensure that all school | ||||||
12 | personnel are properly informed as to their | ||||||
13 | responsibilities regarding crime reporting, that | ||||||
14 | appropriate delinquent acts and crimes are properly | ||||||
15 | reported, and that actions taken in cases with special | ||||||
16 | circumstances are properly taken and documented. | ||||||
17 | (3) The board shall adopt a cooperative agreement with | ||||||
18 | the Department of Juvenile Justice that
establishes | ||||||
19 | guidelines for ensuring that any no contact order
entered | ||||||
20 | by a court is reported and enforced and that all of the
| ||||||
21 | necessary steps are taken to protect the victim of the | ||||||
22 | offense.
An offender who is not exempted may not attend any | ||||||
23 | school
attended by the victim or a sibling of the victim of | ||||||
24 | the offense
or ride on a school bus on which the victim or | ||||||
25 | a sibling of the
victim is riding. The offender shall be | ||||||
26 | permitted by the
board to attend another school within the
|
| |||||||
| |||||||
1 | school district, but only if the other school is not | ||||||
2 | attended by the victim or a sibling of the victim of the | ||||||
3 | offense; or the offender may be permitted by another | ||||||
4 | district school board to attend a school in that district | ||||||
5 | if the offender is unable to attend any school in the
| ||||||
6 | district in which the offender resides. If the offender is | ||||||
7 | unable to attend any other school in the district in which | ||||||
8 | the offender resides and is prohibited from attending a | ||||||
9 | school in another district, the
school board in the | ||||||
10 | district in which the offender
resides shall take every | ||||||
11 | reasonable precaution to keep the
offender separated from | ||||||
12 | the victim while on school grounds or on
school | ||||||
13 | transportation. The steps to be taken by the board to keep | ||||||
14 | the offender separated from the victim must include, but | ||||||
15 | are not limited to, in-school suspension of the offender | ||||||
16 | and the scheduling of classes, lunch, or other school | ||||||
17 | activities of the victim and the offender so as not to | ||||||
18 | coincide. The offender, or the parents of the offender if | ||||||
19 | the offender is a juvenile, shall arrange and pay for | ||||||
20 | transportation associated with or required by the | ||||||
21 | offender's attending another school or that would be | ||||||
22 | required as a consequence of the prohibition against riding | ||||||
23 | on a school bus on which the victim or a sibling of the | ||||||
24 | victim is riding. However, the offender or the parents of | ||||||
25 | the offender may not be charged for existing modes of | ||||||
26 | transportation that can be used by the offender at no |
| |||||||
| |||||||
1 | additional cost to the district. | ||||||
2 | (4) Any disciplinary or prosecutorial action taken | ||||||
3 | against
a student who violates a zero-tolerance policy must | ||||||
4 | be based on
the individual student and the particular | ||||||
5 | circumstances of the
student's misconduct. | ||||||
6 | (5) The district is encouraged to use alternatives to
| ||||||
7 | expulsion or referral to law enforcement agencies unless | ||||||
8 | the use
of such alternatives will pose a threat to school | ||||||
9 | safety. | ||||||
10 | (c) Notwithstanding any other provision in this Article or | ||||||
11 | in the School
Code, the board may delegate to the general | ||||||
12 | superintendent or to the
attorney the authorities granted to | ||||||
13 | the board in the School Code, provided
such delegation and | ||||||
14 | appropriate oversight procedures are made pursuant to
board | ||||||
15 | by-laws, rules and regulations, adopted as herein provided, | ||||||
16 | except that
the board may not delegate its authorities and | ||||||
17 | responsibilities regarding (1)
budget approval obligations; | ||||||
18 | (2) rule-making functions; (3) desegregation
obligations; (4) | ||||||
19 | real estate acquisition, sale or lease in excess of 10 years
as | ||||||
20 | provided in Section 34-21; (5) the levy of taxes; or (6) any | ||||||
21 | mandates
imposed upon the board by "An Act in relation to | ||||||
22 | school reform in cities over
500,000, amending Acts herein | ||||||
23 | named", approved December 12, 1988 (P.A.
85-1418). | ||||||
24 | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | ||||||
25 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | ||||||
26 | 7-13-12.)
|
| |||||||
| |||||||
1 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
2 | changing Section 5-905 as follows:
| ||||||
3 | (705 ILCS 405/5-905)
| ||||||
4 | Sec. 5-905. Law enforcement records.
| ||||||
5 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
6 | enforcement records maintained by law enforcement
agencies | ||||||
7 | that relate to a minor who has been arrested or taken into | ||||||
8 | custody
before his or her 17th birthday shall be restricted to | ||||||
9 | the following and when
necessary for the discharge of their | ||||||
10 | official duties:
| ||||||
11 | (a) A judge of the circuit court and members of the | ||||||
12 | staff of the court
designated by the judge;
| ||||||
13 | (b) Law enforcement officers, probation officers or | ||||||
14 | prosecutors or their
staff, or, when necessary for the | ||||||
15 | discharge of its official duties in connection with a | ||||||
16 | particular investigation of the conduct of a law | ||||||
17 | enforcement officer, an independent agency or its staff | ||||||
18 | created by ordinance and charged by a unit of local | ||||||
19 | government with the duty of investigating the conduct of | ||||||
20 | law enforcement officers;
| ||||||
21 | (c) The minor, the minor's parents or legal guardian | ||||||
22 | and their attorneys,
but only when the juvenile has been | ||||||
23 | charged with an offense;
| ||||||
24 | (d) Adult and Juvenile Prisoner Review Boards;
|
| |||||||
| |||||||
1 | (e) Authorized military personnel;
| ||||||
2 | (f) Persons engaged in bona fide research, with the | ||||||
3 | permission of the
judge of juvenile court and the chief | ||||||
4 | executive of the agency that prepared the
particular | ||||||
5 | recording: provided that publication of such research | ||||||
6 | results in no
disclosure of a minor's identity and protects | ||||||
7 | the confidentiality of the
record;
| ||||||
8 | (g) Individuals responsible for supervising or | ||||||
9 | providing temporary or
permanent care and custody of minors | ||||||
10 | pursuant to orders of the juvenile court
or directives from | ||||||
11 | officials of the Department of Children and Family
Services | ||||||
12 | or the Department of Human Services who certify in writing | ||||||
13 | that the
information will not be disclosed to any other | ||||||
14 | party except as provided under
law or order of court;
| ||||||
15 | (h) The appropriate school official only if the agency | ||||||
16 | or officer believes that there is an imminent threat of | ||||||
17 | physical harm to students, school personnel, or others who | ||||||
18 | are present in the school or on school grounds. | ||||||
19 | (A) Inspection and copying
shall be limited to law | ||||||
20 | enforcement records transmitted to the appropriate
| ||||||
21 | school official or officials whom the school has | ||||||
22 | determined to have a legitimate educational or safety | ||||||
23 | interest by a local law enforcement agency under a | ||||||
24 | reciprocal reporting
system established and maintained | ||||||
25 | between the school district and the local law
| ||||||
26 | enforcement agency under Section 10-20.14 of the |
| |||||||
| |||||||
1 | School Code or an agreement entered into under | ||||||
2 | paragraph (2) of subsection (b) of Section 34-19 of the | ||||||
3 | School Code concerning a minor
enrolled in a school | ||||||
4 | within the school district who has been arrested
or | ||||||
5 | taken into custody for any of the following offenses: | ||||||
6 | (i) any violation of Article 24 of the Criminal | ||||||
7 | Code of
1961; | ||||||
8 | (ii) a violation of the Illinois Controlled | ||||||
9 | Substances Act; | ||||||
10 | (iii) a violation of the Cannabis Control Act; | ||||||
11 | (iv) a forcible felony as defined in Section | ||||||
12 | 2-8 of the Criminal Code
of 1961; | ||||||
13 | (v) a violation of the Methamphetamine Control | ||||||
14 | and Community Protection Act; | ||||||
15 | (vi) a violation of Section 1-2 of the | ||||||
16 | Harassing and Obscene Communications Act; | ||||||
17 | (vii) a violation of the Hazing Act; or | ||||||
18 | (viii) a violation of Section 12-1, 12-2, | ||||||
19 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
20 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
21 | Criminal Code of 1961. | ||||||
22 | The information derived from the law enforcement | ||||||
23 | records shall be kept separate from and shall not | ||||||
24 | become a part of the official school record of that | ||||||
25 | child and shall not be a public record. The information | ||||||
26 | shall be used solely by the appropriate school official |
| |||||||
| |||||||
1 | or officials whom the school has determined to have a | ||||||
2 | legitimate educational or safety interest to aid in the | ||||||
3 | proper rehabilitation of the child and to protect the | ||||||
4 | safety of students and employees in the school. If the | ||||||
5 | designated law enforcement and school officials deem | ||||||
6 | it to be in the best interest of the minor, the student | ||||||
7 | may be referred to in-school or community based social | ||||||
8 | services if those services are available. | ||||||
9 | "Rehabilitation services" may include interventions by | ||||||
10 | school support personnel, evaluation for eligibility | ||||||
11 | for special education, referrals to community-based | ||||||
12 | agencies such as youth services, behavioral healthcare | ||||||
13 | service providers, drug and alcohol prevention or | ||||||
14 | treatment programs, and other interventions as deemed | ||||||
15 | appropriate for the student. | ||||||
16 | (B) Any information provided to appropriate school | ||||||
17 | officials whom the school has determined to have a | ||||||
18 | legitimate educational or safety interest by local law | ||||||
19 | enforcement officials about a minor who is the subject | ||||||
20 | of a current police investigation that is directly | ||||||
21 | related to school safety shall consist of oral | ||||||
22 | information only, and not written law enforcement | ||||||
23 | records, and shall be used solely by the appropriate | ||||||
24 | school official or officials to protect the safety of | ||||||
25 | students and employees in the school and aid in the | ||||||
26 | proper rehabilitation of the child. The information |
| |||||||
| |||||||
1 | derived orally from the local law enforcement | ||||||
2 | officials shall be kept separate from and shall not | ||||||
3 | become a part of the official school record of the | ||||||
4 | child and shall not be a public record. This limitation | ||||||
5 | on the use of information about a minor who is the | ||||||
6 | subject of a current police investigation shall in no | ||||||
7 | way limit the use of this information by prosecutors in | ||||||
8 | pursuing criminal charges arising out of the | ||||||
9 | information disclosed during a police investigation of | ||||||
10 | the minor. For purposes of this paragraph, | ||||||
11 | "investigation" means an official systematic inquiry | ||||||
12 | by a law enforcement agency into actual or suspected | ||||||
13 | criminal activity ; .
| ||||||
14 | (i) The president of a park district. Inspection and | ||||||
15 | copying shall be limited to law enforcement records | ||||||
16 | transmitted to the president of the park district by the | ||||||
17 | Illinois State Police under Section 8-23 of the Park | ||||||
18 | District Code or Section 16a-5 of the Chicago Park District | ||||||
19 | Act concerning a person who is seeking employment with that | ||||||
20 | park district and who has been adjudicated a juvenile | ||||||
21 | delinquent for any of the offenses listed in subsection (c) | ||||||
22 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
23 | of Section 16a-5 of the Chicago Park District Act. | ||||||
24 | (2) Information identifying victims and alleged victims of | ||||||
25 | sex offenses,
shall not be disclosed or open to public | ||||||
26 | inspection under any circumstances.
Nothing in this Section |
| |||||||
| |||||||
1 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
2 | from voluntarily disclosing his or her identity.
| ||||||
3 | (2.5) If the minor is a victim of aggravated battery, | ||||||
4 | battery, attempted first degree murder, or other non-sexual | ||||||
5 | violent offense, the identity of the victim may be disclosed to | ||||||
6 | appropriate school officials, for the purpose of preventing | ||||||
7 | foreseeable future violence involving minors, by a local law | ||||||
8 | enforcement agency pursuant to an agreement established | ||||||
9 | between the school district and a local law enforcement agency | ||||||
10 | subject to the approval by the presiding judge of the juvenile | ||||||
11 | court. | ||||||
12 | (3) Relevant information, reports and records shall be made | ||||||
13 | available to the
Department of Juvenile Justice when a juvenile | ||||||
14 | offender has been placed in the
custody of the Department of | ||||||
15 | Juvenile Justice.
| ||||||
16 | (4) Nothing in this Section shall prohibit the inspection | ||||||
17 | or disclosure to
victims and witnesses of photographs contained | ||||||
18 | in the records of law
enforcement agencies when the inspection | ||||||
19 | or disclosure is conducted in the
presence of a law enforcement | ||||||
20 | officer for purposes of identification or
apprehension of any | ||||||
21 | person in the course of any criminal investigation or
| ||||||
22 | prosecution.
| ||||||
23 | (5) The records of law enforcement officers, or of an | ||||||
24 | independent agency created by ordinance and charged by a unit | ||||||
25 | of local government with the duty of investigating the conduct | ||||||
26 | of law enforcement officers, concerning all minors under
17 |
| |||||||
| |||||||
1 | years of age must be maintained separate from the records of | ||||||
2 | adults and
may not be open to public inspection or their | ||||||
3 | contents disclosed to the
public except by order of the court | ||||||
4 | or when the institution of criminal
proceedings has been | ||||||
5 | permitted under Section 5-130 or 5-805 or required
under | ||||||
6 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
7 | crime and is the
subject of
pre-sentence investigation or when | ||||||
8 | provided by law.
| ||||||
9 | (6) Except as otherwise provided in this subsection (6), | ||||||
10 | law enforcement
officers, and personnel of an independent | ||||||
11 | agency created by ordinance and charged by a unit of local | ||||||
12 | government with the duty of investigating the conduct of law | ||||||
13 | enforcement officers, may not disclose the identity of any | ||||||
14 | minor
in releasing information to the general public as to the | ||||||
15 | arrest, investigation
or disposition of any case involving a | ||||||
16 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
17 | petition the court to
disclose the name and address of the | ||||||
18 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
19 | a finding by clear and convincing evidence that the
disclosure | ||||||
20 | is either necessary for the victim to pursue a civil remedy | ||||||
21 | against
the minor or the minor's parents or legal guardian, or | ||||||
22 | both, or to protect the
victim's person or property from the | ||||||
23 | minor, then the court may order the
disclosure of the | ||||||
24 | information to the victim or to the parent or legal guardian
of | ||||||
25 | the victim only for the purpose of the victim pursuing a civil | ||||||
26 | remedy
against the minor or the minor's parents or legal |
| |||||||
| |||||||
1 | guardian, or both, or to
protect the victim's person or | ||||||
2 | property from the minor.
| ||||||
3 | (7) Nothing contained in this Section shall prohibit law | ||||||
4 | enforcement
agencies when acting in their official capacity | ||||||
5 | from communicating with each
other by letter, memorandum, | ||||||
6 | teletype or
intelligence alert bulletin or other means the | ||||||
7 | identity or other relevant
information pertaining to a person | ||||||
8 | under 17 years of age. The information
provided under this | ||||||
9 | subsection (7) shall remain confidential and shall not
be | ||||||
10 | publicly disclosed, except as otherwise allowed by law.
| ||||||
11 | (8) No person shall disclose information under this Section | ||||||
12 | except when
acting in his or her official capacity and as | ||||||
13 | provided by law or order of
court.
| ||||||
14 | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11; | ||||||
15 | 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; revised 9-20-12.)
|