Full Text of SB0449 101st General Assembly
SB0449ham002 101ST GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 5/23/2019
| | 10100SB0449ham002 | | LRB101 04210 AXK 61067 a |
|
| 1 | | AMENDMENT TO SENATE BILL 449
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 449, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Sections | 6 | | 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and | 7 | | 34-18.24 and by adding Article 26A as follows: | 8 | | (105 ILCS 5/10-21.3a)
| 9 | | Sec. 10-21.3a. Transfer of students.
| 10 | | (a) Each school board shall establish and
implement a
| 11 | | policy governing the transfer of a student from one attendance | 12 | | center to
another within the
school district upon the request | 13 | | of the student's parent or guardian.
A
student may not transfer | 14 | | to any of the following attendance centers, except by
change in
| 15 | | residence if the policy authorizes enrollment based on | 16 | | residence in an
attendance area
or unless approved by the board |
| | | 10100SB0449ham002 | - 2 - | LRB101 04210 AXK 61067 a |
|
| 1 | | on an individual basis:
| 2 | | (1) An attendance center that exceeds or as a result of | 3 | | the
transfer would
exceed its attendance capacity.
| 4 | | (2) An attendance center for which the board has | 5 | | established
academic
criteria for enrollment if the | 6 | | student does not meet the criteria.
| 7 | | (3) Any attendance center if the transfer would
prevent | 8 | | the school district from meeting its obligations under a | 9 | | State or
federal law,
court
order, or consent
decree
| 10 | | applicable to the school district.
| 11 | | (b) Each school board shall establish and implement a | 12 | | policy governing the
transfer of students within a school | 13 | | district from a persistently dangerous
school to another public | 14 | | school in that district that is not deemed to be
persistently | 15 | | dangerous.
In order to be considered a persistently dangerous | 16 | | school, the
school must meet all of the following criteria for | 17 | | 2 consecutive years:
| 18 | | (1) Have greater than 3% of the students enrolled in | 19 | | the school expelled
for violence-related conduct.
| 20 | | (2) Have one or more students expelled for bringing a | 21 | | firearm to school as
defined in 18 U.S.C. 921.
| 22 | | (3) Have at least 3% of the students enrolled in the | 23 | | school exercise the
individual option to transfer schools | 24 | | pursuant to subsection (c) of this
Section.
| 25 | | (c) A student may transfer from one public school to
| 26 | | another public school in that district if the student is a |
| | | 10100SB0449ham002 | - 3 - | LRB101 04210 AXK 61067 a |
|
| 1 | | victim of a violent
crime as defined in Section 3 of the Rights | 2 | | of Crime Victims and Witnesses Act.
The violent crime must have | 3 | | occurred on school grounds during regular school
hours or | 4 | | during a school-sponsored event.
| 5 | | (d) (Blank).
| 6 | | (e) Notwithstanding any other provision of this Code, a | 7 | | student who is a victim of gender-based violence, as defined in | 8 | | Article 26A, must be permitted to transfer schools immediately | 9 | | and as needed, including to a school in another school | 10 | | district, if the student's continued attendance at a particular | 11 | | attendance center, school facility, or school location poses a | 12 | | risk to the student's mental or physical well-being or safety. | 13 | | A transfer under this subsection within the student's current | 14 | | school district must be considered before a transfer into a | 15 | | different school district. The school district the student | 16 | | transfers to must be an adjoining school district, unless there | 17 | | is no attendance center, school facility, or school location in | 18 | | that district in which the student's attendance poses no risk | 19 | | to the student's mental or physical well-being or safety. The | 20 | | school district the student seeks to transfer to may deny a | 21 | | transfer to a particular attendance center if (i) the | 22 | | attendance center exceeds or, as a result of the transfer, | 23 | | would exceed its attendance capacity, (ii) the student does not | 24 | | meet the attendance center's academic criteria for enrollment, | 25 | | or (iii) the transfer would prevent the school district from | 26 | | meeting obligations under State or federal law, a court order, |
| | | 10100SB0449ham002 | - 4 - | LRB101 04210 AXK 61067 a |
|
| 1 | | or a consent decree. If no adjoining school district is | 2 | | available for transfer, the student may transfer to another | 3 | | school district, unless there is no attendance center, school | 4 | | facility, or school location in that district in which the | 5 | | student's attendance poses no risk to the student's mental or | 6 | | physical well-being or safety. The school district the student | 7 | | seeks to transfer to may deny a transfer to a particular | 8 | | attendance center if any of the situations described in items | 9 | | (i) through (iii) of this subsection apply. A school district | 10 | | must waive tuition for a student who transfers under this | 11 | | subsection to the school district and is a nonresident. A | 12 | | student who transfers to another school under this subsection | 13 | | due to gender-based violence must have full and immediate | 14 | | access to extracurricular activities and any programs or | 15 | | activities offered by or under the auspices of the school to | 16 | | which the student has transferred. A school district may not | 17 | | require a student who is a victim of gender-based violence to | 18 | | transfer to another school or school district. No adverse or | 19 | | prejudicial effects may result to any student who is a victim | 20 | | of gender-based violence because of the student availing | 21 | | himself or herself of or declining the provisions of this | 22 | | subsection. A school district may require a student to verify | 23 | | his or her claim of gender-based violence under Section 26A-45 | 24 | | before approving the student's transfer to another school under | 25 | | this subsection. | 26 | | (Source: P.A. 100-1046, eff. 8-23-18.)
|
| | | 10100SB0449ham002 | - 5 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 2 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 3 | | searches.
| 4 | | (a) To expel pupils guilty of gross disobedience or | 5 | | misconduct, including gross disobedience or misconduct | 6 | | perpetuated by electronic means, pursuant to subsection (b-20) | 7 | | of this Section, and
no action shall lie against them for such | 8 | | expulsion. Expulsion shall
take place only after the parents | 9 | | have been requested to appear at a
meeting of the board, or | 10 | | with a hearing officer appointed by it, to
discuss their | 11 | | child's behavior. Such request shall be made by registered
or | 12 | | certified mail and shall state the time, place and purpose of | 13 | | the
meeting. The board, or a hearing officer appointed by it, | 14 | | at such
meeting shall state the reasons for dismissal and the | 15 | | date on which the
expulsion is to become effective. If a | 16 | | hearing officer is appointed by
the board, he shall report to | 17 | | the board a written summary of the evidence
heard at the | 18 | | meeting and the board may take such action thereon as it
finds | 19 | | appropriate. If the board acts to expel a pupil, the written | 20 | | expulsion decision shall detail the specific reasons why | 21 | | removing the pupil from the learning environment is in the best | 22 | | interest of the school. The expulsion decision shall also | 23 | | include a rationale as to the specific duration of the | 24 | | expulsion. An expelled pupil may be immediately transferred to | 25 | | an alternative program in the manner provided in Article 13A or |
| | | 10100SB0449ham002 | - 6 - | LRB101 04210 AXK 61067 a |
|
| 1 | | 13B of this Code. A pupil must not be denied transfer because | 2 | | of the expulsion, except in cases in which such transfer is | 3 | | deemed to cause a threat to the safety of students or staff in | 4 | | the alternative program.
| 5 | | (b) To suspend or by policy to authorize the superintendent | 6 | | of
the district or the principal, assistant principal, or dean | 7 | | of students
of any school to suspend pupils guilty of gross | 8 | | disobedience or misconduct, or
to suspend pupils guilty of | 9 | | gross disobedience or misconduct on the school bus
from riding | 10 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 11 | | this Section, and no action
shall lie against them for such | 12 | | suspension. The board may by policy
authorize the | 13 | | superintendent of the district or the principal, assistant
| 14 | | principal, or dean of students of any
school to suspend pupils | 15 | | guilty of such acts for a period not to exceed
10 school days. | 16 | | If a pupil is suspended due to gross disobedience or misconduct
| 17 | | on a school bus, the board may suspend the pupil in excess of | 18 | | 10
school
days for safety reasons. | 19 | | Any suspension shall be reported immediately to the
parents | 20 | | or guardian of a pupil along with a full statement of the
| 21 | | reasons for such suspension and a notice of their right to a | 22 | | review. The school board must be given a summary of the notice, | 23 | | including the reason for the suspension and the suspension | 24 | | length. Upon request of the
parents or guardian, the school | 25 | | board or a hearing officer appointed by
it shall review such | 26 | | action of the superintendent or principal, assistant
|
| | | 10100SB0449ham002 | - 7 - | LRB101 04210 AXK 61067 a |
|
| 1 | | principal, or dean of students. At such
review, the parents or | 2 | | guardian of the pupil may appear and discuss the
suspension | 3 | | with the board or its hearing officer. If a hearing officer
is | 4 | | appointed by the board, he shall report to the board a written | 5 | | summary
of the evidence heard at the meeting. After its hearing | 6 | | or upon receipt
of the written report of its hearing officer, | 7 | | the board may take such
action as it finds appropriate. If a | 8 | | student is suspended pursuant to this subsection (b), the board | 9 | | shall, in the written suspension decision, detail the specific | 10 | | act of gross disobedience or misconduct resulting in the | 11 | | decision to suspend. The suspension decision shall also include | 12 | | a rationale as to the specific duration of the suspension. A | 13 | | pupil who is suspended in excess of 20 school days may be | 14 | | immediately transferred to an alternative program in the manner | 15 | | provided in Article 13A or 13B of this Code. A pupil must not | 16 | | be denied transfer because of the suspension, except in cases | 17 | | in which such transfer is deemed to cause a threat to the | 18 | | safety of students or staff in the alternative program.
| 19 | | (b-5) Among the many possible disciplinary interventions | 20 | | and consequences available to school officials, school | 21 | | exclusions, such as out-of-school suspensions and expulsions, | 22 | | are the most serious. School officials shall limit the number | 23 | | and duration of expulsions and suspensions to the greatest | 24 | | extent practicable, and it is recommended that they use them | 25 | | only for legitimate educational purposes. To ensure that | 26 | | students are not excluded from school unnecessarily, it is |
| | | 10100SB0449ham002 | - 8 - | LRB101 04210 AXK 61067 a |
|
| 1 | | recommended that school officials consider forms of | 2 | | non-exclusionary discipline prior to using out-of-school | 3 | | suspensions or expulsions. | 4 | | (b-10) Unless otherwise required by federal law or this | 5 | | Code, school boards may not institute zero-tolerance policies | 6 | | by which school administrators are required to suspend or expel | 7 | | students for particular behaviors. | 8 | | (b-15) Out-of-school suspensions of 3 days or less may be | 9 | | used only if the student's continuing presence in school would | 10 | | pose a threat to school safety or a disruption to other | 11 | | students' learning opportunities. For purposes of this | 12 | | subsection (b-15), "threat to school safety or a disruption to | 13 | | other students' learning opportunities" shall be determined on | 14 | | a case-by-case basis by the school board or its designee. | 15 | | School officials shall make all reasonable efforts to resolve | 16 | | such threats, address such disruptions, and minimize the length | 17 | | of suspensions to the greatest extent practicable. | 18 | | (b-20) Unless otherwise required by this Code, | 19 | | out-of-school suspensions of longer than 3 days, expulsions, | 20 | | and disciplinary removals to alternative schools may be used | 21 | | only if other appropriate and available behavioral and | 22 | | disciplinary interventions have been exhausted and the | 23 | | student's continuing presence in school would either (i) pose a
| 24 | | threat to the safety of other students, staff, or members of
| 25 | | the school community or (ii) substantially disrupt, impede, or
| 26 | | interfere with the operation of the school. For purposes of |
| | | 10100SB0449ham002 | - 9 - | LRB101 04210 AXK 61067 a |
|
| 1 | | this subsection (b-20), "threat to the safety of other | 2 | | students, staff, or members of the school community" and | 3 | | "substantially disrupt, impede, or interfere with the | 4 | | operation of the school" shall be determined on a case-by-case | 5 | | basis by school officials. For purposes of this subsection | 6 | | (b-20), the determination of whether "appropriate and | 7 | | available behavioral and disciplinary interventions have been | 8 | | exhausted" shall be made by school officials. School officials | 9 | | shall make all reasonable efforts to resolve such threats, | 10 | | address such disruptions, and minimize the length of student | 11 | | exclusions to the greatest extent practicable. Within the | 12 | | suspension decision described in subsection (b) of this Section | 13 | | or the expulsion decision described in subsection (a) of this | 14 | | Section, it shall be documented whether other interventions | 15 | | were attempted or whether it was determined that there were no | 16 | | other appropriate and available interventions. | 17 | | (b-25) Students who are suspended out-of-school for longer | 18 | | than 4 school days shall be provided appropriate and available | 19 | | support services during the period of their suspension. For | 20 | | purposes of this subsection (b-25), "appropriate and available | 21 | | support services" shall be determined by school authorities. | 22 | | Within the suspension decision described in subsection (b) of | 23 | | this Section, it shall be documented whether such services are | 24 | | to be provided or whether it was determined that there are no | 25 | | such appropriate and available services. | 26 | | A school district may refer students who are expelled to |
| | | 10100SB0449ham002 | - 10 - | LRB101 04210 AXK 61067 a |
|
| 1 | | appropriate and available support services. | 2 | | A school district shall create a policy to facilitate the | 3 | | re-engagement of students who are suspended out-of-school, | 4 | | expelled, or returning from an alternative school setting. | 5 | | (b-30) A school district shall create a policy by which | 6 | | suspended pupils, including those pupils suspended from the | 7 | | school bus who do not have alternate transportation to school, | 8 | | shall have the opportunity to make up work for equivalent | 9 | | academic credit. It shall be the responsibility of a pupil's | 10 | | parent or guardian to notify school officials that a pupil | 11 | | suspended from the school bus does not have alternate | 12 | | transportation to school. | 13 | | (b-35) In all suspension or expulsion proceedings, | 14 | | including, but not limited to, suspension or expulsion from | 15 | | school, riding a school bus, or participating in any school | 16 | | activity or program, a student may disclose his or her status | 17 | | as a parent, expectant parent, or victim of gender-based | 18 | | violence, as defined in Article 26A, and, if the student | 19 | | alleges that this status is a factor in the behavior that gave | 20 | | rise to the suspension or expulsion proceeding, the status must | 21 | | be considered as a mitigating factor in determining whether to | 22 | | suspend or expel the student or in deciding the nature or | 23 | | severity of the disciplinary action taken against the student | 24 | | at any time throughout the proceedings or during the | 25 | | disciplinary period. An advocate or representative of the | 26 | | student's choice must be permitted to represent the student |
| | | 10100SB0449ham002 | - 11 - | LRB101 04210 AXK 61067 a |
|
| 1 | | throughout the proceedings and to consult with the school board | 2 | | if there is evidence that the student's status as a parent, | 3 | | expectant parent, or victim of gender-based violence may be a | 4 | | factor in the cause for expulsion or suspension. A student who | 5 | | discloses his or her status as a victim of gender-based | 6 | | violence may not be required to work out the problem directly | 7 | | with the perpetrator or the perpetrator's advocate or | 8 | | representative, be personally questioned or cross-examined by | 9 | | the perpetrator or the perpetrator's advocate or | 10 | | representative, have any direct contact with the perpetrator or | 11 | | the perpetrator's advocate or representative, or be in the same | 12 | | room as the perpetrator or the perpetrator's advocate or | 13 | | representative during the proceedings. A suspension or | 14 | | expulsion proceeding under this subsection must be conducted | 15 | | independently from any ongoing criminal investigation or | 16 | | proceeding, and a lack of pursuit of criminal investigations or | 17 | | proceedings may not be a factor in school disciplinary | 18 | | decisions. | 19 | | (c) The Department of Human Services
shall be invited to | 20 | | send a representative to consult with the board at
such meeting | 21 | | whenever there is evidence that mental illness may be the
cause | 22 | | for expulsion or suspension.
| 23 | | (c-5) School districts shall make reasonable efforts to | 24 | | provide ongoing professional development to teachers, | 25 | | administrators, school board members, school resource | 26 | | officers, and staff on the adverse consequences of school |
| | | 10100SB0449ham002 | - 12 - | LRB101 04210 AXK 61067 a |
|
| 1 | | exclusion and justice-system involvement, effective classroom | 2 | | management strategies, culturally responsive discipline, the | 3 | | appropriate and available supportive services for the | 4 | | promotion of student attendance and engagement, and | 5 | | developmentally appropriate disciplinary methods that promote | 6 | | positive and healthy school climates. | 7 | | (d) The board may expel a student for a definite period of | 8 | | time not to
exceed 2 calendar years, as determined on a | 9 | | case-by-case basis.
A student who
is determined to have brought | 10 | | one of the following objects to school, any school-sponsored | 11 | | activity
or event, or any activity or event that bears a | 12 | | reasonable relationship to school shall be expelled for a | 13 | | period of not less than
one year: | 14 | | (1) A firearm. For the purposes of this Section, | 15 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 16 | | by Section 921 of Title 18 of the United States Code, | 17 | | firearm as defined in Section 1.1 of the Firearm Owners | 18 | | Identification Card Act, or firearm as defined in Section | 19 | | 24-1 of the Criminal Code of 2012. The expulsion period | 20 | | under this subdivision (1) may be modified by the | 21 | | superintendent, and the superintendent's determination may | 22 | | be modified by the board on a case-by-case basis. | 23 | | (2) A knife, brass knuckles or other knuckle weapon | 24 | | regardless of its composition, a billy club, or any other | 25 | | object if used or attempted to be used to cause bodily | 26 | | harm, including "look alikes" of any firearm as defined in |
| | | 10100SB0449ham002 | - 13 - | LRB101 04210 AXK 61067 a |
|
| 1 | | subdivision (1) of this subsection (d). The expulsion | 2 | | requirement under this subdivision (2) may be modified by | 3 | | the superintendent, and the superintendent's determination | 4 | | may be modified by the board on a case-by-case basis. | 5 | | Expulsion
or suspension
shall be construed in a
manner | 6 | | consistent with the federal Federal Individuals with | 7 | | Disabilities Education
Act. A student who is subject to | 8 | | suspension or expulsion as provided in this
Section may be | 9 | | eligible for a transfer to an alternative school program in
| 10 | | accordance with Article 13A of the School Code.
| 11 | | (d-5) The board may suspend or by regulation
authorize the | 12 | | superintendent of the district or the principal, assistant
| 13 | | principal, or dean of students of any
school to suspend a | 14 | | student for a period not to exceed
10 school days or may expel | 15 | | a student for a definite period of time not to
exceed 2 | 16 | | calendar years, as determined on a case-by-case basis, if (i) | 17 | | that student has been determined to have made an explicit | 18 | | threat on an Internet website against a school employee, a | 19 | | student, or any school-related personnel, (ii) the Internet | 20 | | website through which the threat was made is a site that was | 21 | | accessible within the school at the time the threat was made or | 22 | | was available to third parties who worked or studied within the | 23 | | school grounds at the time the threat was made, and (iii) the | 24 | | threat could be reasonably interpreted as threatening to the | 25 | | safety and security of the threatened individual because of his | 26 | | or her duties or employment status or status as a student |
| | | 10100SB0449ham002 | - 14 - | LRB101 04210 AXK 61067 a |
|
| 1 | | inside the school.
| 2 | | (e) To maintain order and security in the schools, school | 3 | | authorities may
inspect and search places and areas such as | 4 | | lockers, desks, parking lots, and
other school property and | 5 | | equipment owned or controlled by the school, as well
as | 6 | | personal effects left in those places and areas by students, | 7 | | without notice
to or the consent of the student, and without a | 8 | | search warrant. As a matter of
public policy, the General | 9 | | Assembly finds that students have no reasonable
expectation of | 10 | | privacy in these places and areas or in their personal effects
| 11 | | left in these places and areas. School authorities may request | 12 | | the assistance
of law enforcement officials for the purpose of | 13 | | conducting inspections and
searches of lockers, desks, parking | 14 | | lots, and other school property and
equipment owned or | 15 | | controlled by the school for illegal drugs, weapons, or
other
| 16 | | illegal or dangerous substances or materials, including | 17 | | searches conducted
through the use of specially trained dogs. | 18 | | If a search conducted in accordance
with this Section produces | 19 | | evidence that the student has violated or is
violating either | 20 | | the law, local ordinance, or the school's policies or rules,
| 21 | | such evidence may be seized by school authorities, and | 22 | | disciplinary action may
be taken. School authorities may also | 23 | | turn over such evidence to law
enforcement authorities.
| 24 | | (f) Suspension or expulsion may include suspension or | 25 | | expulsion from
school and all school activities and a | 26 | | prohibition from being present on school
grounds.
|
| | | 10100SB0449ham002 | - 15 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (g) A school district may adopt a policy providing that if | 2 | | a student
is suspended or expelled for any reason from any | 3 | | public or private school
in this or any other state, the | 4 | | student must complete the entire term of
the suspension or | 5 | | expulsion in an alternative school program under Article 13A of | 6 | | this Code or an alternative learning opportunities program | 7 | | under Article 13B of this Code before being admitted into the | 8 | | school
district if there is no threat to the safety of students | 9 | | or staff in the alternative program. A school district that | 10 | | adopts a policy under this subsection must include a provision | 11 | | allowing for consideration of any mitigating factors, | 12 | | including a student's status as a parent, expectant parent, or | 13 | | victim of gender-based violence, as defined in Article 26A, in | 14 | | reviews during the disciplinary period and exempting a student | 15 | | from suspension or expulsion or lessening the nature or | 16 | | severity of the disciplinary action taken against a student, | 17 | | particularly when a mitigating factor is a factor in the | 18 | | behavior that gave rise to the suspension or expulsion or | 19 | | disciplinary action.
| 20 | | (h) School officials shall not advise or encourage students | 21 | | to drop out voluntarily due to behavioral or academic | 22 | | difficulties. | 23 | | (i) A student may not be issued a monetary fine or fee as a | 24 | | disciplinary consequence, though this shall not preclude | 25 | | requiring a student to provide restitution for lost, stolen, or | 26 | | damaged property. |
| | | 10100SB0449ham002 | - 16 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (j) Subsections (a) through (i) of this Section shall apply | 2 | | to elementary and secondary schools, charter schools, special | 3 | | charter districts, and school districts organized under | 4 | | Article 34 of this Code. | 5 | | (k) The expulsion of children enrolled in programs funded | 6 | | under Section 1C-2 of this Code is subject to the requirements | 7 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this | 8 | | Code. | 9 | | (l) Beginning with the 2018-2019 school year, an in-school | 10 | | suspension program provided by a school district for any | 11 | | students in kindergarten through grade 12 may focus on | 12 | | promoting non-violent conflict resolution and positive | 13 | | interaction with other students and school personnel. A school | 14 | | district may employ a school social worker or a licensed mental | 15 | | health professional to oversee an in-school suspension program | 16 | | in kindergarten through grade 12. | 17 | | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | 18 | | 100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff. | 19 | | 8-22-18; revised 10-1-18.)
| 20 | | (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
| 21 | | Sec. 10-22.6a. Home instruction; correspondence courses. | 22 | | (a) To provide by home instruction, correspondence | 23 | | courses , or
otherwise courses of instruction for a pupil who is | 24 | | pupils who are unable to attend school
because of pregnancy or | 25 | | pregnancy-related conditions, the fulfillment of parenting |
| | | 10100SB0449ham002 | - 17 - | LRB101 04210 AXK 61067 a |
|
| 1 | | obligations related to the health of the pupil's child, or | 2 | | health and safety concerns arising from gender-based violence, | 3 | | as defined in Article 26A . Such instruction shall be provided | 4 | | to the pupil
(1) before the birth of the child when the pupil's | 5 | | physician, physician assistant, or advanced practice nurse has
| 6 | | indicated to the district, in writing, that the pupil is | 7 | | medically unable
to attend regular classroom instruction ; and | 8 | | (2) for up to 3 months
following the birth of the child or a | 9 | | miscarriage ; (3) when the pupil must care for his or her ill | 10 | | child if (i) the child's physician, physician assistant, or | 11 | | advanced practice registered nurse has indicated to the | 12 | | district, in writing, that the child has a serious health | 13 | | condition that would require the pupil to be absent from school | 14 | | for 2 or more consecutive weeks and (ii) the pupil or the | 15 | | pupil's parent or guardian indicates to the district, in | 16 | | writing, that the pupil is needed to provide care to the child | 17 | | during this period; or (4) when the pupil must treat physical | 18 | | or mental health complications or address safety concerns | 19 | | arising from gender-based violence if the pupil's domestic or | 20 | | sexual violence organization, as defined in Article 26A, or | 21 | | health care provider has indicated to the district, in writing, | 22 | | that the care is needed by the pupil and will cause the pupil's | 23 | | absence from school for 2 or more consecutive weeks. A school | 24 | | district must reassess home instruction provided to a pupil | 25 | | under item (3) or (4) once every 2 months to determine the | 26 | | pupil's continuing need for instruction under this Section .
The |
| | | 10100SB0449ham002 | - 18 - | LRB101 04210 AXK 61067 a |
|
| 1 | | instruction course shall be designed to offer educational | 2 | | experiences
that are equivalent to those given to pupils at the | 3 | | same grade level in
the district and that are designed to | 4 | | enable the pupil to return to the classroom. In this subsection | 5 | | (a), "serious health condition" means an illness, injury, | 6 | | impairment, or physical or mental health condition that | 7 | | involves inpatient care in a hospital, hospice, or residential | 8 | | medical care facility or continuing treatment by a health care | 9 | | provider.
| 10 | | (b) Notwithstanding any other provision of law to the | 11 | | contrary, if a pupil is unable to attend regular classes | 12 | | because of the reasons set forth in this Section and has | 13 | | participated in instruction under this Section that is | 14 | | administered by the school or school district, then the pupil | 15 | | may not be penalized for grading purposes or be denied course | 16 | | completion, a return to regular classroom instruction, grade | 17 | | level advancement, or graduation solely on the basis of the | 18 | | pupil's participation in instruction under this Section or the | 19 | | pupil's absence from the regular education program during the | 20 | | period of instruction under this Section. A school or school | 21 | | district may not use instruction under this Section to replace | 22 | | making reasonable accommodations so that pupils who are | 23 | | parents, expectant parents, or victims of gender-based | 24 | | violence may receive regular classroom instruction. | 25 | | (Source: P.A. 100-443, eff. 8-25-17.)
|
| | | 10100SB0449ham002 | - 19 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (105 ILCS 5/13A-11)
| 2 | | Sec. 13A-11. Chicago public schools.
| 3 | | (a) The Chicago Board of Education may
establish | 4 | | alternative schools within Chicago and may contract with third
| 5 | | parties for services otherwise performed by employees, | 6 | | including those in a
bargaining unit, in accordance with | 7 | | Sections 34-8.1, 34-18, and 34-49.
| 8 | | (b) Alternative schools operated by third parties within | 9 | | Chicago shall be
exempt from all provisions of this Code, | 10 | | except provisions concerning:
| 11 | | (1) student civil rights;
| 12 | | (2) staff civil rights;
| 13 | | (3) health and safety;
| 14 | | (4) performance and financial audits;
| 15 | | (5) the assessments required under Section 2-3.64a-5 | 16 | | of this Code;
| 17 | | (6) Chicago learning outcomes;
| 18 | | (7) Sections 2-3.25a through 2-3.25j of this Code;
| 19 | | (8) the Inspector General; and
| 20 | | (9) Section 34-2.4b of this Code ; and .
| 21 | | (10) Article 26A and any other provision of this Code | 22 | | concerning youth who are parents, expectant parents, or | 23 | | victims of gender-based violence, as defined in Article | 24 | | 26A. | 25 | | (Source: P.A. 98-972, eff. 8-15-14.)
|
| | | 10100SB0449ham002 | - 20 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (105 ILCS 5/22-60) | 2 | | Sec. 22-60. Unfunded mandates prohibited. | 3 | | (a) No public school district or private school is | 4 | | obligated to comply with the following types of mandates unless | 5 | | a separate appropriation has been enacted into law providing | 6 | | full funding for the mandate for the school year during which | 7 | | the mandate is required: | 8 | | (1) Any mandate in this Code enacted after the | 9 | | effective date of this amendatory Act of the 96th General | 10 | | Assembly. | 11 | | (2) Any regulatory mandate promulgated by the State | 12 | | Board of Education and adopted by rule after the effective | 13 | | date of this amendatory Act of the 96th General Assembly | 14 | | other than those promulgated with respect to this Section | 15 | | or statutes already enacted on or before the effective date | 16 | | of this amendatory Act of the 96th General Assembly. | 17 | | (b) If the amount appropriated to fund a mandate described | 18 | | in subsection (a) of this Section does not fully fund the | 19 | | mandated activity, then the school district or private school | 20 | | may choose to discontinue or modify the mandated activity to | 21 | | ensure that the costs of compliance do not exceed the funding | 22 | | received. | 23 | | Before discontinuing or modifying the mandate, the school | 24 | | district shall petition its regional superintendent of schools | 25 | | on or before February 15 of each year to request to be exempt | 26 | | from implementing the mandate in a school or schools in the |
| | | 10100SB0449ham002 | - 21 - | LRB101 04210 AXK 61067 a |
|
| 1 | | next school year. The petition shall include all legitimate | 2 | | costs associated with implementing and operating the mandate, | 3 | | the estimated reimbursement from State and federal sources, and | 4 | | any unique circumstances the school district can verify that | 5 | | exist that would cause the implementation and operation of such | 6 | | a mandate to be cost prohibitive. | 7 | | The regional superintendent of schools shall review the | 8 | | petition. In accordance with the Open Meetings Act, he or she | 9 | | shall convene a public hearing to hear testimony from the | 10 | | school district and interested community members. The regional | 11 | | superintendent shall, on or before March 15 of each year, | 12 | | inform the school district of his or her decision, along with | 13 | | the reasons why the exemption was granted or denied, in | 14 | | writing. The regional superintendent must also send | 15 | | notification to the State Board of Education detailing which | 16 | | school districts requested an exemption and the results. | 17 | | If the regional superintendent grants an exemption to the | 18 | | school district, then the school district is relieved from the | 19 | | requirement to establish and implement the mandate in the | 20 | | school or schools granted an exemption for the next school | 21 | | year.
If the regional superintendent of schools does not grant | 22 | | an exemption, then the school district shall implement the | 23 | | mandate in accordance with the applicable law or rule by the | 24 | | first student attendance day of the next school year. However, | 25 | | the school district or a resident of the school district may on | 26 | | or before April 15 appeal the decision of the regional |
| | | 10100SB0449ham002 | - 22 - | LRB101 04210 AXK 61067 a |
|
| 1 | | superintendent to the State Superintendent of Education. The | 2 | | State Superintendent shall hear appeals on the decisions of | 3 | | regional superintendents of schools no later than May 15 of | 4 | | each year. The State Superintendent shall make a final decision | 5 | | at the conclusion of the hearing on the school district's | 6 | | request for an exemption from the mandate. If the State | 7 | | Superintendent grants an exemption, then the school district is | 8 | | relieved from the requirement to implement a mandate in the | 9 | | school or schools granted an exemption for the next school | 10 | | year. If the State Superintendent does not grant an exemption, | 11 | | then the school district shall implement the mandate in | 12 | | accordance with the applicable law or rule by the first student | 13 | | attendance day of the next school year. | 14 | | If a school district or private school discontinues or | 15 | | modifies a mandated activity due to lack of full funding from | 16 | | the State, then the school district or private school shall | 17 | | annually maintain and update a list of discontinued or modified | 18 | | mandated activities. The list shall be provided to the State | 19 | | Board of Education upon request. | 20 | | (c) This Section does not apply to (i) any new statutory or | 21 | | regulatory mandates related to revised learning standards | 22 | | developed through the Common Core State Standards Initiative | 23 | | and assessments developed to align with those standards or | 24 | | actions specified in this State's Phase 2 Race to the Top Grant | 25 | | application if the application is approved by the United States | 26 | | Department of Education , or (ii) new statutory or regulatory |
| | | 10100SB0449ham002 | - 23 - | LRB101 04210 AXK 61067 a |
|
| 1 | | mandates from the Race to the Top Grant through the federal | 2 | | American Recovery and Reinvestment Act of 2009 imposed on | 3 | | school districts designated as being in the lowest performing | 4 | | 5% of schools within the Race to the Top Grant application , or | 5 | | (iii) any changes made by this amendatory Act of the 101st | 6 | | General Assembly . | 7 | | (d) In any instances in which this Section conflicts with | 8 | | the State Mandates Act, the State Mandates Act shall prevail.
| 9 | | (Source: P.A. 96-1441, eff. 8-20-10.) | 10 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 11 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 12 | | to compulsory school
attendance and who is absent without valid | 13 | | cause, as defined under this Section, from such attendance for | 14 | | more than 1% but less than 5% of the past 180 school days. | 15 | | "Valid cause" for absence shall be illness ; attendance at a | 16 | | medical appointment; , observance of a religious
holiday ; , | 17 | | death in the immediate family ; ,
family emergency ; , fulfillment | 18 | | of a student's parenting responsibility, including, but not | 19 | | limited to, arranging and providing child care, caring for the | 20 | | student's sick child, or attending medical appointments for the | 21 | | student's child; or addressing circumstances resulting from | 22 | | gender-based violence, as defined in Article 26A, including, | 23 | | but not limited to, experiencing gender-based violence, | 24 | | recovering from physical or psychological injuries, seeking | 25 | | medical attention, seeking services from a domestic or sexual |
| | | 10100SB0449ham002 | - 24 - | LRB101 04210 AXK 61067 a |
|
| 1 | | violence organization, as defined in Article 26A, seeking | 2 | | psychological or other counseling, participating in safety | 3 | | planning, temporarily or permanently relocating, seeking legal | 4 | | assistance or remedies, or taking any other action to increase | 5 | | the safety or health of the student or to protect the student | 6 | | from future gender-based violence and shall include such other | 7 | | situations beyond the control
of the student as determined by | 8 | | the board of education in each district ,
or such other | 9 | | circumstances which cause reasonable concern to the parent
for | 10 | | the mental, emotional, or physical health or safety of the | 11 | | student. A school district may require a student to verify his | 12 | | or her claim of gender-based violence under Section 26A-45 | 13 | | before approving a valid cause for an absence of 3 or more | 14 | | consecutive days under this Section that is related to | 15 | | gender-based based violence. | 16 | | "Chronic or habitual truant" shall be defined as a child | 17 | | who is subject to compulsory
school attendance and who is | 18 | | absent without valid cause from such attendance
for 5% or more | 19 | | of the previous 180 regular attendance days. | 20 | | "Truant minor" is defined as a chronic truant to whom | 21 | | supportive
services, including prevention, diagnostic, | 22 | | intervention and remedial
services, alternative programs and | 23 | | other school and community resources
have been provided and | 24 | | have failed to result in the cessation of chronic
truancy, or | 25 | | have been offered and refused. | 26 | | A "dropout" is defined as any child enrolled in grades 9 |
| | | 10100SB0449ham002 | - 25 - | LRB101 04210 AXK 61067 a |
|
| 1 | | through 12 whose
name has been removed from the district | 2 | | enrollment roster for any reason
other than the student's | 3 | | death, extended illness, removal for medical non-compliance, | 4 | | expulsion, aging out, graduation, or completion of a
program of | 5 | | studies and who has not transferred to another public or | 6 | | private school and is not known to be home-schooled by his or | 7 | | her parents or guardians or continuing school in another | 8 | | country. | 9 | | "Religion" for the purposes of this Article, includes all | 10 | | aspects of
religious observance and practice, as well as | 11 | | belief. | 12 | | (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; | 13 | | revised 10-4-18.) | 14 | | (105 ILCS 5/Art. 26A heading new) | 15 | | ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT | 16 | | PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE | 17 | | (105 ILCS 5/26A-1 new) | 18 | | Sec. 26A-1. Short title and application. This Article may | 19 | | be referred to as the Ensuring Success in School Law. This | 20 | | Article applies to all school districts and schools governed by | 21 | | this Code, including those under Articles 13, 13A, 13B, 27A, | 22 | | 32, 33, and 34. | 23 | | (105 ILCS 5/26A-5 new) |
| | | 10100SB0449ham002 | - 26 - | LRB101 04210 AXK 61067 a |
|
| 1 | | Sec. 26A-5. Purpose. The purpose of this Article is to | 2 | | ensure that Illinois schools have policies, procedures, and | 3 | | protocols in place that ensure children and youth who are | 4 | | parents, expectant parents, or victims of gender-based | 5 | | violence are identified by schools in a manner respectful of | 6 | | their privacy and safety, treated with dignity and regard, and | 7 | | provided the protection, instruction, and related | 8 | | accommodations and services necessary to enable them to meet | 9 | | State educational standards and successfully attain a high | 10 | | school diploma. This Article shall be interpreted liberally to | 11 | | aid in this purpose. | 12 | | (105 ILCS 5/26A-10 new) | 13 | | Sec. 26A-10. Definitions. In this Article: | 14 | | "Consent" includes, at a minimum, a recognition that (i) | 15 | | consent is a freely given agreement to sexual activity, (ii) a | 16 | | youth's lack of verbal or physical resistance or submission | 17 | | resulting from the use of threat of force does not constitute | 18 | | consent, (iii) a youth's manner of dress does not constitute | 19 | | consent, (iv) a youth's consent to past sexual activity does | 20 | | not constitute consent to future sexual activity, (v) a youth's | 21 | | consent to engage in sexual activity does not constitute | 22 | | consent to engage in sexual activity with another, (vi) a youth | 23 | | can withdraw consent at any time, and (vii) a youth cannot | 24 | | consent to sexual activity if that youth is unable to | 25 | | understand the nature of the activity or give knowing consent |
| | | 10100SB0449ham002 | - 27 - | LRB101 04210 AXK 61067 a |
|
| 1 | | due to circumstances that include, but are not limited to, all | 2 | | of the following: | 3 | | (1) The youth is incapacitated due to the use or | 4 | | influence of alcohol or drugs. | 5 | | (2) The youth is asleep or unconscious. | 6 | | (3) The youth is under age. | 7 | | (4) The youth is incapacitated due to a mental | 8 | | disability. | 9 | | "Domestic or sexual violence organization" means a | 10 | | nonprofit, nongovernmental organization that provides | 11 | | assistance to victims of gender-based violence or advocates for | 12 | | those victims, including an organization carrying out a | 13 | | domestic or sexual violence or other gender-based violence | 14 | | program, an organization operating a shelter or a rape crisis | 15 | | center or providing counseling services, an accredited | 16 | | children's advocacy center, an organization that provides | 17 | | services to or advocates on behalf of youth who are gay, | 18 | | lesbian, bi-sexual, transgender, or gender nonconforming, an | 19 | | organization that provides services to or advocates on behalf | 20 | | of youth who are parents or expectant parents, or an | 21 | | organization seeking to eliminate gender-based violence or to | 22 | | address the consequences of that violence for its victims | 23 | | through legislative advocacy or policy change, public | 24 | | education, or service collaboration. | 25 | | "Domestic violence" means abuse, as defined in Section 103 | 26 | | of the Illinois Domestic Violence Act of 1986, by a family or |
| | | 10100SB0449ham002 | - 28 - | LRB101 04210 AXK 61067 a |
|
| 1 | | household member, as defined in Section 103 of the Illinois | 2 | | Domestic Violence Act of 1986. | 3 | | "Electronic communication" includes communication via | 4 | | telephone, mobile phone, computer, email, video recorder, fax | 5 | | machine, telex, pager, apps or applications, or any other | 6 | | electronic communication or cyberstalking as defined in | 7 | | Section 12-7.5 of the Criminal Code of 2012. | 8 | | "Expectant parent" means a youth who is pregnant or a youth | 9 | | who intends to act as a parent and who has not yet received a | 10 | | diploma for completion of a secondary education as defined in | 11 | | Section 22-22. | 12 | | "Gender-based violence" means domestic violence, | 13 | | harassment, sexual activity without consent, sexual assault, | 14 | | sexual violence, or stalking. Gender-based violence may occur | 15 | | through electronic communication. Gender-based violence exists | 16 | | regardless of when or where the violence occurred, whether or | 17 | | not the violence is the subject of a criminal investigation or | 18 | | the perpetrator has been criminally charged or convicted of a | 19 | | crime, whether or not an order of protection or a no-contact | 20 | | order is pending before or has been issued by a court, or | 21 | | whether or not any gender-based violence took place on school | 22 | | grounds, during regular school hours, or during a | 23 | | school-sponsored event. | 24 | | "Harassment" means any harassment or discrimination on the | 25 | | basis of an individual's actual or perceived sex or gender, | 26 | | including unwelcome sexual advances, requests for sexual |
| | | 10100SB0449ham002 | - 29 - | LRB101 04210 AXK 61067 a |
|
| 1 | | favors, other verbal or physical conduct of a sexual nature, or | 2 | | unwelcome conduct, including verbal, nonverbal, or physical | 3 | | conduct that is not sexual in nature, but is related to a | 4 | | student's status as a parent, expectant parent, or victim of | 5 | | gender-based violence. | 6 | | "Parent", as it relates to a student, means a student who | 7 | | is a custodial or a noncustodial parent taking an active role | 8 | | in the care and supervision of a child and who has not yet | 9 | | received a diploma for completion of a secondary education, as | 10 | | defined in Section 22-22. | 11 | | "Perpetrator" means an individual who commits or is alleged | 12 | | to have committed any act of gender-based violence. The term | 13 | | "perpetrator" must be used with caution when applied to | 14 | | children, particularly young children. | 15 | | "Poor academic performance" means a student who has (i) | 16 | | scored in the 50th percentile or below on a school | 17 | | district-administered standardized test, (ii) received a score | 18 | | on a State assessment that does not meet standards in one or | 19 | | more of the fundamental learning areas under Section 27-1, as | 20 | | applicable for the student's grade level, or (iii) not met | 21 | | grade-level expectations on a school district-designed | 22 | | assessment. | 23 | | "School", for purposes of the provisions of this Article | 24 | | relating to children and youth who are parents, expectant | 25 | | parents, or victims of gender-based violence, includes, but is | 26 | | not limited to, (i) a public or State-operated elementary or |
| | | 10100SB0449ham002 | - 30 - | LRB101 04210 AXK 61067 a |
|
| 1 | | secondary school, (ii) a school operated pursuant to an | 2 | | agreement with a public school district, including a | 3 | | cooperative or joint agreement with a governing body or board | 4 | | of control, (iii) a charter school operating in compliance with | 5 | | the Charter Schools Law, (iv) a school operated under Section | 6 | | 13A-3, (v) an alternative school operated by third parties | 7 | | within the City of Chicago under Section 13A-11, (vi) an | 8 | | alternative learning opportunities program operated under | 9 | | Article 13B, (vii) a public school administered by a local | 10 | | public agency or the Department of Human Services operating | 11 | | pursuant to the authority of this Code, and (viii) any schools | 12 | | otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34. | 13 | | "School district", for purposes of the provisions of this | 14 | | Article relating to youth who are parents, expectant parents, | 15 | | or victims of domestic or sexual violence, means any public | 16 | | entity responsible for administering schools, including school | 17 | | districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34, | 18 | | or any other entity responsible for administering public | 19 | | schools, such as cooperatives, joint agreements, charter | 20 | | schools, special charter districts, regional offices of | 21 | | education, local agencies, or the Department of Human Services. | 22 | | "Sexual activity" means any knowingly touching or fondling | 23 | | by one person, either directly or through clothing, of the sex | 24 | | organs, anus, mouth, or breast of another person for the | 25 | | purpose of sexual gratification or arousal. | 26 | | "Sexual assault" means any conduct of an adult or minor |
| | | 10100SB0449ham002 | - 31 - | LRB101 04210 AXK 61067 a |
|
| 1 | | child proscribed in Article 11 of the Criminal Code of 2012, | 2 | | except for Sections 11-35 and 11-45 of the Criminal Code of | 3 | | 2012, or similar provisions of the Criminal Code of 1961, | 4 | | including conduct committed by perpetrators who are strangers | 5 | | to the victim and conduct committed by perpetrators who are | 6 | | known or related by blood or marriage to the victim. | 7 | | "Stalking" means any conduct proscribed in Section 12-7.3, | 8 | | 12-7.4, or 12-7.5 of the Criminal Code of 2012, or similar | 9 | | provisions of the Criminal Code of 1961, including stalking | 10 | | committed by perpetrators who are strangers to the victim and | 11 | | stalking committed by perpetrators who are known or related by | 12 | | blood or marriage to the victim. | 13 | | "Student" or "pupil" means any child or youth enrolled, | 14 | | eligible to enroll, or previously enrolled in a school who has | 15 | | not yet received a diploma for completion of a secondary | 16 | | education, as defined in Section 22-22. | 17 | | "Student at risk of academic failure" means a student who | 18 | | is at risk of failing to meet Illinois Learning Standards or | 19 | | failing to graduate from elementary or high school and who | 20 | | demonstrates a need for educational support or social services | 21 | | beyond those provided by the regular school program. | 22 | | "Victim" means an individual who has been subjected to one | 23 | | or more acts of gender-based violence. | 24 | | "Youth" means a child, pupil, student, or juvenile below | 25 | | the age of 21 years who has not yet completed his or her | 26 | | prescribed course of study or has not received a diploma for |
| | | 10100SB0449ham002 | - 32 - | LRB101 04210 AXK 61067 a |
|
| 1 | | completion of a secondary education, as defined in Section | 2 | | 22-22. "Youth" includes, but is not limited to, unaccompanied | 3 | | youth not in the physical custody of a parent or guardian. | 4 | | (105 ILCS 5/26A-15 new) | 5 | | Sec. 26A-15. Ensuring Success in School working group. | 6 | | (a) The Ensuring Success in School working group is hereby | 7 | | created, comprised of all of the following members: | 8 | | (1) One member representing the Office of the Governor, | 9 | | appointed by the Governor. | 10 | | (2) One senator appointed by the President of the | 11 | | Senate. | 12 | | (3) One representative appointed by the Speaker of the | 13 | | House of Representatives. | 14 | | (4) One senator or representative, appointed by the | 15 | | Governor. | 16 | | (5) Four public members chosen by each of the Governor, | 17 | | President of the Senate, Speaker of the House of | 18 | | Representatives, Minority Leader of the Senate, and | 19 | | Minority Leader of the House of Representatives from all of | 20 | | the following entities, representative of the geographic, | 21 | | racial, ethnic, sexual orientation, gender identity, and | 22 | | cultural diversity in this State: | 23 | | (A) A statewide, nonprofit, nongovernmental | 24 | | domestic violence organization. | 25 | | (B) A domestic violence victim's advocate or other |
| | | 10100SB0449ham002 | - 33 - | LRB101 04210 AXK 61067 a |
|
| 1 | | service provider from a different nonprofit | 2 | | organization. | 3 | | (C) A statewide, nonprofit, nongovernmental sexual | 4 | | assault organization. | 5 | | (D) A sexual assault victim's advocate or service | 6 | | provider from a different nonprofit, nongovernmental | 7 | | sexual assault organization. | 8 | | (E) A teen parent advocate or service provider from | 9 | | a nonprofit, nongovernmental organization. | 10 | | (F) A lesbian, gay, bi-sexual, transgender, or | 11 | | nonconforming youth advocate or service provider from | 12 | | a nonprofit, nongovernmental organization. | 13 | | (G) An accredited children's advocacy center. | 14 | | (H) A statewide, nonprofit, nongovernmental | 15 | | multi-issue advocacy organization with expertise in a | 16 | | cross-section of relevant issues. | 17 | | (I) An organization that represents school social | 18 | | workers. | 19 | | (J) An organization that represents school | 20 | | psychologists. | 21 | | (K) An organization that represents school | 22 | | counselors. | 23 | | (L) A statewide professional teachers' | 24 | | organization. | 25 | | (M) A statewide organization representing school | 26 | | boards. |
| | | 10100SB0449ham002 | - 34 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (N) A statewide organization representing | 2 | | principals. | 3 | | (O) A school district organized under Article 34. | 4 | | (6) All of the following members, who shall serve as ex | 5 | | officio members: | 6 | | (A) The Lieutenant Governor or his or her designee. | 7 | | (B) A representative of the State Board of | 8 | | Education, appointed by the State Superintendent of | 9 | | Education. | 10 | | (C) A representative of the Department of Human | 11 | | Services, appointed by the Director of Human Services. | 12 | | (b) The Governor must select a chairperson of the working | 13 | | group from among the members of the group. Members of the | 14 | | working group shall serve for a term of 2 years without | 15 | | compensation, but may be reimbursed for their travel expenses | 16 | | from appropriations to the State Board made available for that | 17 | | purpose and subject to the rules of the appropriate travel | 18 | | control board. The Office of the Governor must provide the | 19 | | working group with administrative and technical support. | 20 | | (c) The working group must meet at least once per quarter, | 21 | | at the call of the chairperson. The working group may hold no | 22 | | more than 2 public hearings annually to advise the Governor and | 23 | | the General Assembly on the implementation, monitoring, and | 24 | | evaluation of the changes made by this amendatory Act of the | 25 | | 101st General Assembly by schools and school districts | 26 | | throughout the State, including, but not limited to, the |
| | | 10100SB0449ham002 | - 35 - | LRB101 04210 AXK 61067 a |
|
| 1 | | development of policies, procedures, and protocols to be | 2 | | implemented by schools and school districts. All meetings of | 3 | | the working group must be conducted in accordance with the Open | 4 | | Meetings Act. The working group must ensure the participation | 5 | | of youth who are parents, expectant parents, and victims of | 6 | | gender-based violence and incorporate those students' advice | 7 | | and recommendations into the working group's advice regarding | 8 | | the implementation, monitoring, and evaluation of the changes | 9 | | made by this amendatory Act of the 101st General Assembly. The | 10 | | working group may establish committees to address any issues | 11 | | that may arise while performing its duties under this Section. | 12 | | (d) On or before June 30, 2021, and on or before each June | 13 | | 30 annually thereafter, the working group must submit a report | 14 | | to the Governor and the General Assembly on its findings and | 15 | | recommendations. The reports issued to the General Assembly | 16 | | under this subsection must be provided to any member of the | 17 | | General Assembly upon request. | 18 | | (105 ILCS 5/26A-20 new) | 19 | | Sec. 26A-20. Review and revision of policies and | 20 | | procedures. | 21 | | (a) No later than July 1, 2021, and every 2 years | 22 | | thereafter, each school district must review all existing | 23 | | policies and procedures and must revise any existing policies | 24 | | and procedures that may act as a barrier to the immediate | 25 | | enrollment and re-enrollment, attendance, graduation, and |
| | | 10100SB0449ham002 | - 36 - | LRB101 04210 AXK 61067 a |
|
| 1 | | success in school of any youth who is a parent, expectant | 2 | | parent, or victim of gender-based violence or any policies or | 3 | | procedures that may compromise a criminal investigation | 4 | | relating to gender-based violence or may re-victimize the | 5 | | youth. A school district must adopt new policies and | 6 | | procedures, as needed, to implement this Section and to ensure | 7 | | that immediate and effective steps are taken to respond to | 8 | | youth who are parents, expectant parents, or victims of | 9 | | gender-based violence. | 10 | | (b) A school district must confer with persons with | 11 | | expertise in youth who are parents or expectant parents and | 12 | | with persons with expertise in youth who are victims of | 13 | | gender-based violence, including domestic and sexual violence | 14 | | organizations, in (i) the review and revision and the adoption | 15 | | and implementation of new policies and procedures under this | 16 | | Section, including those policies and procedures related to | 17 | | confidentiality, parental involvement, and a youth's | 18 | | health-related or safety-related concerns in connection with | 19 | | notifying a parent or guardian and (ii) the development and | 20 | | distribution of materials related to those youth, including | 21 | | outreach to youth not in school. A school district must ensure | 22 | | that all materials distributed to youth are age appropriate and | 23 | | culturally responsive and that youth are notified of and | 24 | | understand the school district's policies and procedures, | 25 | | including how and to whom to report any incident of | 26 | | gender-based violence. |
| | | 10100SB0449ham002 | - 37 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (c) A school district's policy on the procedures that a | 2 | | youth or his or her parent or guardian may follow if he or she | 3 | | chooses to report an incident of alleged gender-based violence | 4 | | must, at a minimum, include all of the following: | 5 | | (1) The name and contact information for gender-based | 6 | | violence and parenting resource personnel and the Title IX | 7 | | coordinator, school and school district resource officers | 8 | | or security, local law enforcement officials, and a | 9 | | community-based domestic or sexual violence organization. | 10 | | (2) The name, title, and contact information for | 11 | | confidential advisors or other confidential resources and | 12 | | a description of what confidential reporting means. | 13 | | (3) Information regarding the various individuals, | 14 | | departments, or organizations to whom a youth may report an | 15 | | incident of gender-based violence, specifying for each | 16 | | individual or entity (i) the extent of the individual's or | 17 | | entity's reporting obligation to the school or school | 18 | | district's administration, Title IX coordinator, or other | 19 | | personnel or entity, (ii) the individual's or entity's | 20 | | ability to protect the youth's privacy, and (iii) the | 21 | | extent of the individual's or entity's ability to have | 22 | | confidential communications with the youth or his or her | 23 | | parent or guardian. | 24 | | (4) An option for the youth or his or her parent or | 25 | | guardian to electronically report the incident. | 26 | | (5) An option for the youth or his or her parent or |
| | | 10100SB0449ham002 | - 38 - | LRB101 04210 AXK 61067 a |
|
| 1 | | guardian to anonymously report the incident. | 2 | | (6) An option for the youth or his or her parent or | 3 | | guardian to confidentially report the incident. | 4 | | (7) An option for reports by third parties and | 5 | | bystanders. | 6 | | (8) The adoption of a complaint resolution procedure as | 7 | | provided in Section 26A-25. | 8 | | (d) A school district must post its revised policies and | 9 | | procedures on its website, distribute them in written form at | 10 | | the beginning of each school year to each student, and make | 11 | | copies available to each student and his or her parent or | 12 | | guardian for inspection and copying at no cost to the student | 13 | | or parent or guardian at each school within a school district. | 14 | | (105 ILCS 5/26A-25 new) | 15 | | Sec. 26A-25. Complaint resolution procedure. | 16 | | (a) On or before January 1, 2021, each school district must | 17 | | adopt one procedure to resolve complaints of alleged incidents | 18 | | of student-perpetrated, gender-based violence and violations | 19 | | of this amendatory Act of the 101st General Assembly. These | 20 | | procedures shall comply with the confidentiality provisions of | 21 | | Sections 26A-20 and 26A-30. The procedure must include, at a | 22 | | minimum, all of the following: | 23 | | (1) The opportunity to consider the most appropriate | 24 | | means to execute the procedure considering school safety, | 25 | | the developmental level of students, methods to reduce |
| | | 10100SB0449ham002 | - 39 - | LRB101 04210 AXK 61067 a |
|
| 1 | | trauma during the procedure, and how to avoid multiple | 2 | | communications with students involved in an alleged | 3 | | incident of gender-based violence. | 4 | | (2) Any proceeding, meeting, or hearing held to resolve | 5 | | complaints of alleged incidents of student perpetrated, | 6 | | gender-based violence or violations of this amendatory Act | 7 | | of the 101st General Assembly must protect the privacy of | 8 | | the participating parties and witnesses. A school district | 9 | | may not disclose the identity of the victim of gender-based | 10 | | violence or the respondent, except as necessary to resolve | 11 | | the complaint or to implement interim protective measures | 12 | | and accommodations or when required by State or federal | 13 | | law. | 14 | | (3) Complainants alleging incidents of | 15 | | student-perpetration of gender-based violence or | 16 | | violations of this amendatory Act of the 101st General | 17 | | Assembly must have the opportunity to request that the | 18 | | complaint resolution procedure begin promptly and proceed | 19 | | in a timely manner. Students who are parents, expectant | 20 | | parents, or victims of gender-based violence or their | 21 | | representatives may file complaints alleging either | 22 | | student-perpetrated, gender-based violence or a violation | 23 | | of this amendatory Act of the 101st General Assembly. | 24 | | (b) A school district must determine the individuals who | 25 | | will resolve complaints of alleged incidents of | 26 | | student-perpetrated, gender-based violence or violations of |
| | | 10100SB0449ham002 | - 40 - | LRB101 04210 AXK 61067 a |
|
| 1 | | this amendatory Act of the 101st General Assembly. | 2 | | (c) All individuals whose duties include resolution of | 3 | | complaints of alleged incidents of student-perpetrated, | 4 | | gender-based violence or violations of this amendatory Act of | 5 | | the 101st General Assembly must receive a minimum of 10 hours | 6 | | of annual training on issues related to gender-based violence | 7 | | and how to conduct the school district's complaint resolution | 8 | | procedure, which may include the in-service training required | 9 | | under subsection (d) of Section 10-22.39. This training must be | 10 | | conducted by an individual or individuals with expertise in | 11 | | gender-based violence in youth and expertise in | 12 | | developmentally appropriate communications with elementary and | 13 | | secondary school students regarding topics of a sexual, | 14 | | violent, or sensitive nature. | 15 | | (d) Each school district must have a sufficient number of | 16 | | individuals trained to resolve complaints so that (i) a | 17 | | substitution can occur in the case of a conflict of interest or | 18 | | recusal, (ii) an individual with no prior involvement in the | 19 | | initial determination or finding may hear any appeal brought by | 20 | | a party, and (iii) the complaint resolution procedure proceeds | 21 | | in a timely manner. | 22 | | (e) An individual resolving a complaint must use a | 23 | | preponderance of the evidence standard to determine if the | 24 | | alleged incident of student-perpetrated, gender-based violence | 25 | | occurred or if there is an allegation of a violation of this | 26 | | amendatory Act of the 101st General Assembly. |
| | | 10100SB0449ham002 | - 41 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (f) With complaints of alleged incidents of | 2 | | student-perpetrated, gender-based violence, the complainant | 3 | | and respondent shall (i) receive notice of the name of the | 4 | | individual with authority to make a finding or impose a | 5 | | sanction in the proceeding before the individual may initiate | 6 | | contact with either party and (ii) have the opportunity to | 7 | | request a substitution if the participation of an individual | 8 | | with authority to make a finding or impose a sanction poses a | 9 | | conflict of interest. | 10 | | (g) With complaints of alleged incidents of | 11 | | student-perpetrated, gender-based violence, the complainant | 12 | | and the respondent may not directly cross-examine one another, | 13 | | but may, at the discretion and direction of the individual | 14 | | resolving the complaint, suggest questions to be posed by the | 15 | | individual resolving the complaint and respond to the other | 16 | | party. | 17 | | (h) Each party may request and must be allowed to have a | 18 | | representative or an advisor of his or her choice accompany him | 19 | | or her to any meeting or proceeding related to the alleged | 20 | | incident of student-perpetrated, gender-based violence or | 21 | | violation of this amendatory Act of the 101st General Assembly | 22 | | if the involvement of the advisor does not result in undue | 23 | | delay of the meeting or proceeding. The advisor must comply | 24 | | with any rules of the school district's complaint resolution | 25 | | procedure regarding the advisor's role. If the advisor violates | 26 | | the rules or engages in behavior or advocacy that harasses, |
| | | 10100SB0449ham002 | - 42 - | LRB101 04210 AXK 61067 a |
|
| 1 | | abuses, or intimidates either party, a witness, or an | 2 | | individual resolving the complaint, that advisor may be | 3 | | prohibited from further participation in the meeting or | 4 | | proceeding. | 5 | | (i) If the complaint resolution procedure involves a | 6 | | hearing and the complainant or the respondent is a student, he | 7 | | or she may not be compelled to testify in the presence of the | 8 | | other party. If a party invokes this right, the school district | 9 | | must provide a procedure by which each party may, at a minimum, | 10 | | hear the other party's testimony. | 11 | | (j) The complainant, regardless of his or her level of | 12 | | involvement in the complaint resolution procedure, and the | 13 | | respondent must have the opportunity to provide or present | 14 | | evidence and witnesses on their behalf during the complaint | 15 | | resolution procedure. | 16 | | (k) The complainant and the respondent are entitled to | 17 | | simultaneous, written notification of the results of the | 18 | | complaint resolution procedure, including information | 19 | | regarding appeal rights, within 7 days after a decision or | 20 | | sooner if required by State or federal law. | 21 | | (l) The complainant and the respondent must, at a minimum, | 22 | | have the right to timely appeal the complaint resolution | 23 | | procedure's findings or imposed sanctions if a party alleges | 24 | | that (i) a procedural error occurred, (ii) new information | 25 | | exists that would substantially change the outcome of the | 26 | | finding, or (iii) the sanction is disproportionate to the |
| | | 10100SB0449ham002 | - 43 - | LRB101 04210 AXK 61067 a |
|
| 1 | | violation. An individual reviewing the findings or imposed | 2 | | sanctions may not have previously participated in the complaint | 3 | | resolution procedure and may not have a conflict of interest | 4 | | with either party. The complainant and the respondent must | 5 | | receive the appeal decision, in writing, within 7 days after | 6 | | the conclusion of the review of findings or sanctions or sooner | 7 | | if required by federal or State law. | 8 | | (m) Each school district must have a procedure to determine | 9 | | interim protective measures and accommodations available | 10 | | pending the resolution of the complaint, including the | 11 | | implementation of court protective orders. | 12 | | (105 ILCS 5/26A-30 new) | 13 | | Sec. 26A-30. Confidentiality. | 14 | | (a) Each school district must adopt and implement a policy | 15 | | and protocol to ensure that all information concerning a | 16 | | youth's status and related experiences as a parent, expectant | 17 | | parent, or victim of gender-based violence provided to or | 18 | | otherwise obtained by the school district or its employees or | 19 | | agents pursuant to this Code or otherwise, including a | 20 | | statement of the youth or any other documentation, record, or | 21 | | corroborating evidence or that the youth has requested or | 22 | | obtained assistance, accommodations, or services pursuant to | 23 | | this Code, shall be retained in the strictest confidence by the | 24 | | school district or its employees or agents and may not be | 25 | | disclosed to any other individual, including any other |
| | | 10100SB0449ham002 | - 44 - | LRB101 04210 AXK 61067 a |
|
| 1 | | employee, except to the extent that disclosure is (i) requested | 2 | | or consented to in writing by the youth or the youth's parent | 3 | | or guardian if it is safe to obtain written consent from the | 4 | | youth's parent or guardian or (ii) otherwise required by | 5 | | applicable federal or State law, including the Abused and | 6 | | Neglected Child Reporting Act and professional ethics policies | 7 | | that govern school personnel. | 8 | | (b) Prior to disclosing information about a youth's status | 9 | | as a parent, expectant parent, or victim of gender-based | 10 | | violence, a school must notify the youth and discuss and | 11 | | address any safety concerns related to the disclosure, | 12 | | including instances where the youth indicates or the school or | 13 | | school district or its employees or agents are otherwise aware | 14 | | that the youth's health or safety may be at risk if his or her | 15 | | status is disclosed to the youth's parent or guardian, except | 16 | | as otherwise required by applicable federal or State law, | 17 | | including the Abused and Neglected Child Reporting act and | 18 | | professional ethics policies that govern the professional | 19 | | school personnel. | 20 | | (c) No youth may be required to testify publicly concerning | 21 | | his or her status as a victim of gender-based violence, | 22 | | allegations of gender-based violence, his or her status as a | 23 | | parent or expectant parent, or the youth's efforts to enforce | 24 | | any of his or her rights under provisions in this Code relating | 25 | | to youth who are parents, expectant parents, or victims of | 26 | | gender-based violence. |
| | | 10100SB0449ham002 | - 45 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (d) In the case of gender-based violence, a school district | 2 | | may not contact the person named to be the perpetrator, the | 3 | | perpetrator's family, or any other person named by the youth or | 4 | | named by the youth's parent or guardian to be unsafe to contact | 5 | | to verify the violence. A school district may not contact the | 6 | | perpetrator, the perpetrator's family, or any other person | 7 | | named by the youth or the youth's parent or guardian to be | 8 | | unsafe for any other reason without written permission from the | 9 | | youth or his or her parent or guardian. Permission from the | 10 | | youth's parent or guardian may not be pursued if the youth | 11 | | alleges that his or her health or safety would be threatened if | 12 | | the school or school district contacts the youth's parent or | 13 | | guardian to obtain written permission. | 14 | | (e) A school district must take all actions necessary to | 15 | | comply with this Section no later than January 1, 2021. | 16 | | (105 ILCS 5/26A-35 new) | 17 | | Sec. 26A-35. Gender-based violence and parenting resource | 18 | | personnel. | 19 | | (a) Each school district shall designate or appoint at | 20 | | least one staff person at each school in the district who is | 21 | | employed at least part-time at the school and who is a school | 22 | | social worker, school psychologist, school counselor, school | 23 | | nurse, school teacher, or school administrator trained to | 24 | | address, in a culturally responsive, confidential, and | 25 | | sensitive manner, the needs of youth who are parents, expectant |
| | | 10100SB0449ham002 | - 46 - | LRB101 04210 AXK 61067 a |
|
| 1 | | parents, or victims of gender-based violence. The designated or | 2 | | appointed staff person must have all of the following duties: | 3 | | (1) Communicate with and listen to youth who are | 4 | | parents, expectant parents, or victims of gender-based | 5 | | violence. | 6 | | (2) Connect youth described in paragraph (1) to | 7 | | appropriate, in-school services or other agencies, | 8 | | programs, or services as needed. | 9 | | (3) Coordinate and monitor the implementation of the | 10 | | school's and school district's policies, procedures, and | 11 | | protocols in cases involving student allegations of | 12 | | gender-based violence. | 13 | | (4) Coordinate and monitor the implementation of the | 14 | | school's and school district's policies, procedures, and | 15 | | protocols as set forth in provisions of this Code | 16 | | concerning youth who are parents, expectant parents, or | 17 | | victims of gender-based violence. | 18 | | (5) Assist youth described in paragraph (1) in their | 19 | | efforts to exercise and preserve their rights as set forth | 20 | | in provisions of this Code concerning youth who are | 21 | | parents, expectant parents, or victims of gender-based | 22 | | violence. | 23 | | (6) Assist in providing staff development to establish | 24 | | a positive and sensitive learning environment for youth | 25 | | described in paragraph (1). | 26 | | (b) A member of staff who is designated or appointed under |
| | | 10100SB0449ham002 | - 47 - | LRB101 04210 AXK 61067 a |
|
| 1 | | subsection (a) must (i) be trained to understand, provide | 2 | | information and referrals, and address issues pertaining to | 3 | | youth who are parents, expectant parents, or victims of | 4 | | gender-based violence, including the theories and dynamics of | 5 | | domestic and sexual violence, the necessity for | 6 | | confidentiality and the law, policy, procedures, and protocols | 7 | | implementing confidentiality, and the notification to the | 8 | | youth's parent or guardian regarding the youth's status as a | 9 | | parent, expectant parent, or victim of gender-based violence or | 10 | | the enforcement of the youth's rights under this Code if the | 11 | | notice of the youth's status or the involvement of the youth's | 12 | | parent or guardian may put the health or safety of the youth at | 13 | | risk, including the rights of minors to consent to counseling | 14 | | services and psychotherapy under the Mental Health and | 15 | | Developmental Disabilities Code, or (ii) at a minimum, have | 16 | | participated in an in-service training program under | 17 | | subsection (d) of Section 10-22.39 that includes training on | 18 | | the rights of minors to consent to counseling services and | 19 | | psychotherapy under the Mental Health and Developmental | 20 | | Disabilities Code within 12 months prior to his or her | 21 | | designation or appointment. | 22 | | (c) A school district must designate or appoint and train | 23 | | all gender-based violence and parenting resource personnel, | 24 | | and the personnel must assist in implementing the duties | 25 | | described in this Section no later than January 1, 2021, except | 26 | | in those school districts in which there exists a collective |
| | | 10100SB0449ham002 | - 48 - | LRB101 04210 AXK 61067 a |
|
| 1 | | bargaining agreement on the effective date of this amendatory | 2 | | Act of the 101st General Assembly and the implementation of | 3 | | this Section would be a violation of that collective bargaining | 4 | | agreement. If implementation of some activities required under | 5 | | this Section is prevented by an existing collective bargaining | 6 | | agreement, a school district must comply with this Section to | 7 | | the fullest extent allowed by the existing collective | 8 | | bargaining agreement no later than January 1, 2021. In those | 9 | | instances in which a collective bargaining agreement that | 10 | | either fully or partially prevents full implementation of this | 11 | | Section expires after January 1, 2021, a school district must | 12 | | designate or appoint and train all gender-based and parenting | 13 | | resource personnel, who shall implement the duties described in | 14 | | this Section no later than the effective date of the new | 15 | | collective bargaining agreement that immediately succeeds the | 16 | | collective bargaining agreement in effect at the time this | 17 | | Section becomes effective. | 18 | | (105 ILCS 5/26A-40 new) | 19 | | Sec. 26A-40. Accommodations, adjustments, and services. | 20 | | (a) To facilitate the full participation of youth who are | 21 | | parents, expectant parents, or victims of gender-based | 22 | | violence, each school district must provide those youth with | 23 | | reasonable accommodations and adjustments in school policy and | 24 | | practice, in-school support services, access to non-school | 25 | | based support services, and the ability to make up work missed |
| | | 10100SB0449ham002 | - 49 - | LRB101 04210 AXK 61067 a |
|
| 1 | | on account of circumstances related to the youth's status as a | 2 | | parent, expectant parent, or victim of gender-based violence. | 3 | | Victims of gender-based violence must have access to those | 4 | | accommodations, adjustments, and services regardless of when | 5 | | or where the violence for which they are seeking | 6 | | accommodations, adjustments, or services occurred. All | 7 | | accommodations, adjustments, and services must be continued | 8 | | for as long as necessary to maintain the mental and physical | 9 | | well-being and safety of the youth. | 10 | | (b) Reasonable accommodations and adjustments provided | 11 | | under subsection (a) shall include, but are not limited to, (i) | 12 | | the provision of sufficiently private settings to ensure | 13 | | confidentiality and time off from class for meetings with | 14 | | counselors or other service providers, (ii) assisting the youth | 15 | | in creating a student success plan, (iii) transfer of a victim | 16 | | of gender-based violence or the student perpetrator to a | 17 | | different classroom or school, (iv) change of seating | 18 | | assignment, (v) implementation of in-school, school grounds, | 19 | | and bus safety procedures, (vi) honoring court orders, | 20 | | including orders of protection and no-contact orders, and (vii) | 21 | | any other accommodation that may facilitate the full | 22 | | participation in the regular education program of youth who are | 23 | | parents, expectant parents, or victims of gender-based | 24 | | violence. | 25 | | (c) If a youth who is a parent, expectant parent, or victim | 26 | | of gender-based violence is a student at risk of academic |
| | | 10100SB0449ham002 | - 50 - | LRB101 04210 AXK 61067 a |
|
| 1 | | failure or displays poor academic performance, the youth or the | 2 | | youth's parent or guardian may request that the school district | 3 | | provide the youth with or refer the youth to education and | 4 | | support services designed to assist the youth in meeting State | 5 | | learning standards. A school district may either provide | 6 | | education or support services directly or may collaborate with | 7 | | public or private State, local, or community-based | 8 | | organizations or agencies that provide these services. A school | 9 | | district must also assist those youth in accessing the support | 10 | | services of non-school
based organizations and agencies where | 11 | | those youth typically receive services in the community. | 12 | | (d) Any youth who is unable, because of circumstances | 13 | | related to the youth's status as a parent, expectant parent, or | 14 | | victim of gender-based violence, to participate in classes on a | 15 | | particular day or days or at a particular time of day must be | 16 | | excused from any examination or any study or work assignments | 17 | | on that particular day or days or at that particular time of | 18 | | day. It is the responsibility of the teachers and of the school | 19 | | administrative personnel and officials to make available to | 20 | | each youth who is unable to participate because of | 21 | | circumstances related to the youth's status as a parent, | 22 | | expectant parent, or victim of gender-based violence a | 23 | | meaningful opportunity to make up any examination, study, or | 24 | | work requirement that the youth has missed because of the | 25 | | inability to participate on any particular day or days or at | 26 | | any particular time of day. Costs assessed by a school district |
| | | 10100SB0449ham002 | - 51 - | LRB101 04210 AXK 61067 a |
|
| 1 | | on the youth for participation in those activities shall be | 2 | | considered savable fees for any youth whose parent or guardian | 3 | | is unable to afford them, consistent with the provisions of | 4 | | Section 10-20.13. Each school district must adopt written | 5 | | policies and procedures for waiver of those fees in accordance | 6 | | with rules adopted by the State Board of Education. | 7 | | (e) When a school or school district employee or agent | 8 | | becomes aware of or suspects a youth's status as a parent, | 9 | | expectant parent, or victim of gender-based violence, it is the | 10 | | responsibility of the employee or agent of the school or school | 11 | | district to inform the youth of the available services and | 12 | | accommodations at the school and in the community that may | 13 | | assist the youth in maintaining the youth's full educational | 14 | | participation and the youth's successful performance. The | 15 | | school or school district employee or agent must also refer the | 16 | | youth to the school district's gender-based violence and | 17 | | parenting personnel set forth in Section 26A-35. A school | 18 | | district must make respecting a youth's privacy, | 19 | | confidentiality, mental and physical health, and safety a | 20 | | paramount concern. | 21 | | (f) Each school must honor a youth's decision to obtain | 22 | | education and support services, accommodations, and non-school | 23 | | based support services, to terminate the receipt of those | 24 | | education and support services, accommodations, or non-school | 25 | | based support services, or to decline participation in those | 26 | | education and support services, accommodations, and non-school |
| | | 10100SB0449ham002 | - 52 - | LRB101 04210 AXK 61067 a |
|
| 1 | | based support services. No youth is obligated to use education | 2 | | and support services, accommodations, or non-school based | 3 | | support services. In developing accommodations, adjustments, | 4 | | or educational support services, the privacy, mental and | 5 | | physical health, and safety of the youth shall be the paramount | 6 | | concern. No adverse or prejudicial effects may result to any | 7 | | youth because of the youth's availing of or declining the | 8 | | provisions of this Section. | 9 | | (g) Any support services to youth receiving education and | 10 | | support services must be available in any school or by home or | 11 | | hospital instruction. | 12 | | (h) Individual, peer, group, and family counseling | 13 | | services or psychotherapy must be made available to youth who | 14 | | are parents, expectant parents, or victims of gender-based | 15 | | violence consistent with the provisions of the Mental Health | 16 | | and Developmental Disabilities Code. At least once every school | 17 | | year, each school district must inform in writing all school | 18 | | personnel and all students 12 years of age or older of the | 19 | | availability of counseling without parental or guardian | 20 | | consent under Section 3-5A-105 of the Mental Health and | 21 | | Developmental Disabilities Code. This information must also be | 22 | | provided to students immediately after any school personnel | 23 | | becomes aware that a student is a parent, expectant parent, or | 24 | | victim of gender-based violence. | 25 | | (i) All domestic or sexual violence organizations and its | 26 | | staff and any other non-school organization and its staff shall |
| | | 10100SB0449ham002 | - 53 - | LRB101 04210 AXK 61067 a |
|
| 1 | | maintain confidentiality pursuant to federal and State laws and | 2 | | their professional ethics policies regardless of when or where | 3 | | information, advice, counseling, or any other interaction with | 4 | | students takes place. A school or school district may not | 5 | | request or require those organizations or individuals to breach | 6 | | confidentiality. | 7 | | (105 ILCS 5/26A-45 new) | 8 | | Sec. 26A-45. Assertion of rights; verification. | 9 | | (a) For purposes of youth asserting their rights under | 10 | | provisions relating to gender-based violence in Sections | 11 | | 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a | 12 | | school district may require verification of the claim. | 13 | | Verification may not be required for a youth to be referred to | 14 | | or to receive in-school or out-of-school services. Any one of | 15 | | the following shall be acceptable as a form of verification of | 16 | | a youth's claim of gender-based violence, only one of which may | 17 | | be required by a school district, and the youth or the youth's | 18 | | parent or guardian shall choose which form of documentation to | 19 | | submit to the school district: | 20 | | (1) A written statement from the youth or anyone who | 21 | | has knowledge of the circumstances that support the youth's | 22 | | claim. This may be in the form of a complaint. | 23 | | (2) A police report, government agency record, or court | 24 | | record. | 25 | | (3) A statement or other documentation from a domestic |
| | | 10100SB0449ham002 | - 54 - | LRB101 04210 AXK 61067 a |
|
| 1 | | or sexual violence organization or any other organization | 2 | | from which the youth sought services or advice. | 3 | | (4) Documentation from a lawyer, clergy person, | 4 | | medical professional, or other professional from whom the | 5 | | youth sought gender-based violence services or advice. | 6 | | (5) Any other evidence, such as physical evidence of | 7 | | violence, that supports the claim. | 8 | | All forms of verification received by a school district | 9 | | under this subsection must be kept in a temporary file. | 10 | | (b) A youth or a youth's parent or guardian who has | 11 | | provided acceptable verification that the youth is or has been | 12 | | a victim of gender-based violence may not be required to | 13 | | provide any additional verification if the youth's efforts to | 14 | | assert rights under this Code stem from a claim involving the | 15 | | same perpetrator or the same incident of violence. No school or | 16 | | school district shall request or require additional | 17 | | documentation. | 18 | | (c) The person named to be the perpetrator, the | 19 | | perpetrator's family, or any other person named by the youth or | 20 | | named by the youth's parent or guardian to be unsafe to contact | 21 | | may not be contacted to verify the violence. The perpetrator, | 22 | | the perpetrator's family, or any other person named by the | 23 | | youth or the youth's parent or guardian to be unsafe may not be | 24 | | contacted for any other reason without written permission of | 25 | | the youth or written permission of the youth's parent or | 26 | | guardian. Permission of the youth's parent or guardian may not |
| | | 10100SB0449ham002 | - 55 - | LRB101 04210 AXK 61067 a |
|
| 1 | | be pursued when the youth alleges that his or her health or | 2 | | safety would be threatened if the school or school district | 3 | | contacts the youth's parent or guardian to obtain written | 4 | | permission. | 5 | | (105 ILCS 5/26A-50 new) | 6 | | Sec. 26A-50. Enforcement of provisions. | 7 | | (a) Violations of this amendatory Act of the 101st General | 8 | | Assembly are actionable in civil court. A student who is a | 9 | | parent, expectant parent, or victim of gender-based violence | 10 | | has a cause of action against any school or school district | 11 | | that fails to exercise due diligence in responding to the | 12 | | student who is a parent, expectant parent, or victim of | 13 | | gender-based violence whose status it knew or should have known | 14 | | about. A student is not required to resolve a complaint using | 15 | | the school district's complaint resolution procedure developed | 16 | | under Section 26A-25 before filing an action in civil court. | 17 | | (b) No less than 15 business days before filing an action | 18 | | in civil court, a student or his or her representative must | 19 | | send written notice of the violation of this amendatory Act of | 20 | | the 101st General Assembly to the district superintendent of | 21 | | the school district in which the student is enrolled. | 22 | | (c) A prevailing student shall be entitled to all relief | 23 | | that would make him or her whole. This relief may include, but | 24 | | is not limited to, all of the following: | 25 | | (1) Declaratory relief. |
| | | 10100SB0449ham002 | - 56 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (2) Injunctive relief. | 2 | | (3) Recovery of costs and attorney's fees, including, | 3 | | but not limited to, costs for expert testimony and witness | 4 | | fees. | 5 | | (4) Compensatory damages, including, but not limited | 6 | | to: | 7 | | (A) economic loss, including damage, destruction | 8 | | or loss of use of personal property, and loss of past | 9 | | or future earning capacity; and | 10 | | (B) damages for personal injury, disease, or | 11 | | mental and emotional harm, including medical, | 12 | | rehabilitation, pain and suffering, and physical | 13 | | impairment. | 14 | | (5) Punitive damages. | 15 | | (105 ILCS 5/26A-55 new) | 16 | | Sec. 26A-55. Prohibited practices. No school or school | 17 | | district may take any adverse action against a student who is a | 18 | | parent, expectant parent, or victim of gender-based violence | 19 | | because the student or his or her parent or guardian (i) | 20 | | exercises or attempts to exercise his or her rights under this | 21 | | amendatory Act of the 101st General Assembly, (ii) opposes | 22 | | practices that the student or his or her parent or guardian | 23 | | believes to be in violation of this amendatory Act of the 101st | 24 | | General Assembly, or (iii) supports the exercise of the rights | 25 | | of another under this amendatory Act of the 101st General |
| | | 10100SB0449ham002 | - 57 - | LRB101 04210 AXK 61067 a |
|
| 1 | | Assembly. Exercising rights under this amendatory Act of the | 2 | | 101st General Assembly includes, but is not limited to, filing | 3 | | an action, instituting or causing to be instituted any | 4 | | proceeding under or related to this amendatory Act of the 101st | 5 | | General Assembly, or in any manner requesting, availing himself | 6 | | or herself of, or declining any of the provisions of this | 7 | | amendatory Act of the 101st General Assembly, including, but | 8 | | not limited to, accommodations or services.
| 9 | | (105 ILCS 5/27A-5)
| 10 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 11 | | (a) A charter school shall be a public, nonsectarian, | 12 | | nonreligious, non-home
based, and non-profit school. A charter | 13 | | school shall be organized and operated
as a nonprofit | 14 | | corporation or other discrete, legal, nonprofit entity
| 15 | | authorized under the laws of the State of Illinois.
| 16 | | (b) A charter school may be established under this Article | 17 | | by creating a new
school or by converting an existing public | 18 | | school or attendance center to
charter
school status.
Beginning | 19 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 20 | | all new
applications to establish
a charter
school in a city | 21 | | having a population exceeding 500,000, operation of the
charter
| 22 | | school shall be limited to one campus. The changes made to this | 23 | | Section by Public Act 93-3 do not apply to charter schools | 24 | | existing or approved on or before April 16, 2003 (the
effective | 25 | | date of Public Act 93-3). |
| | | 10100SB0449ham002 | - 58 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 2 | | a cyber school where students engage in online curriculum and | 3 | | instruction via the Internet and electronic communication with | 4 | | their teachers at remote locations and with students | 5 | | participating at different times. | 6 | | From April 1, 2013 through December 31, 2016, there is a | 7 | | moratorium on the establishment of charter schools with | 8 | | virtual-schooling components in school districts other than a | 9 | | school district organized under Article 34 of this Code. This | 10 | | moratorium does not apply to a charter school with | 11 | | virtual-schooling components existing or approved prior to | 12 | | April 1, 2013 or to the renewal of the charter of a charter | 13 | | school with virtual-schooling components already approved | 14 | | prior to April 1, 2013. | 15 | | On or before March 1, 2014, the Commission shall submit to | 16 | | the General Assembly a report on the effect of | 17 | | virtual-schooling, including without limitation the effect on | 18 | | student performance, the costs associated with | 19 | | virtual-schooling, and issues with oversight. The report shall | 20 | | include policy recommendations for virtual-schooling.
| 21 | | (c) A charter school shall be administered and governed by | 22 | | its board of
directors or other governing body
in the manner | 23 | | provided in its charter. The governing body of a charter school
| 24 | | shall be subject to the Freedom of Information Act and the Open | 25 | | Meetings Act.
| 26 | | (d) For purposes of this subsection (d), "non-curricular |
| | | 10100SB0449ham002 | - 59 - | LRB101 04210 AXK 61067 a |
|
| 1 | | health and safety requirement" means any health and safety | 2 | | requirement created by statute or rule to provide, maintain, | 3 | | preserve, or safeguard safe or healthful conditions for | 4 | | students and school personnel or to eliminate, reduce, or | 5 | | prevent threats to the health and safety of students and school | 6 | | personnel. "Non-curricular health and safety requirement" does | 7 | | not include any course of study or specialized instructional | 8 | | requirement for which the State Board has established goals and | 9 | | learning standards or which is designed primarily to impart | 10 | | knowledge and skills for students to master and apply as an | 11 | | outcome of their education. | 12 | | A charter school shall comply with all non-curricular | 13 | | health and safety
requirements applicable to public schools | 14 | | under the laws of the State of
Illinois. On or before September | 15 | | 1, 2015, the State Board shall promulgate and post on its | 16 | | Internet website a list of non-curricular health and safety | 17 | | requirements that a charter school must meet. The list shall be | 18 | | updated annually no later than September 1. Any charter | 19 | | contract between a charter school and its authorizer must | 20 | | contain a provision that requires the charter school to follow | 21 | | the list of all non-curricular health and safety requirements | 22 | | promulgated by the State Board and any non-curricular health | 23 | | and safety requirements added by the State Board to such list | 24 | | during the term of the charter. Nothing in this subsection (d) | 25 | | precludes an authorizer from including non-curricular health | 26 | | and safety requirements in a charter school contract that are |
| | | 10100SB0449ham002 | - 60 - | LRB101 04210 AXK 61067 a |
|
| 1 | | not contained in the list promulgated by the State Board, | 2 | | including non-curricular health and safety requirements of the | 3 | | authorizing local school board.
| 4 | | (e) Except as otherwise provided in the School Code, a | 5 | | charter school shall
not charge tuition; provided that a | 6 | | charter school may charge reasonable fees
for textbooks, | 7 | | instructional materials, and student activities.
| 8 | | (f) A charter school shall be responsible for the | 9 | | management and operation
of its fiscal affairs including,
but | 10 | | not limited to, the preparation of its budget. An audit of each | 11 | | charter
school's finances shall be conducted annually by an | 12 | | outside, independent
contractor retained by the charter | 13 | | school. To ensure financial accountability for the use of | 14 | | public funds, on or before December 1 of every year of | 15 | | operation, each charter school shall submit to its authorizer | 16 | | and the State Board a copy of its audit and a copy of the Form | 17 | | 990 the charter school filed that year with the federal | 18 | | Internal Revenue Service. In addition, if deemed necessary for | 19 | | proper financial oversight of the charter school, an authorizer | 20 | | may require quarterly financial statements from each charter | 21 | | school.
| 22 | | (g) A charter school shall comply with all provisions of | 23 | | this Article, the Illinois Educational Labor Relations Act, all | 24 | | federal and State laws and rules applicable to public schools | 25 | | that pertain to special education and the instruction of | 26 | | English learners, and
its charter. A charter
school is exempt |
| | | 10100SB0449ham002 | - 61 - | LRB101 04210 AXK 61067 a |
|
| 1 | | from all other State laws and regulations in this Code
| 2 | | governing public
schools and local school board policies; | 3 | | however, a charter school is not exempt from the following:
| 4 | | (1) Sections 10-21.9 and 34-18.5 of this Code regarding | 5 | | criminal
history records checks and checks of the Statewide | 6 | | Sex Offender Database and Statewide Murderer and Violent | 7 | | Offender Against Youth Database of applicants for | 8 | | employment;
| 9 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 10 | | 34-84a of this Code regarding discipline of
students;
| 11 | | (3) the Local Governmental and Governmental Employees | 12 | | Tort Immunity Act;
| 13 | | (4) Section 108.75 of the General Not For Profit | 14 | | Corporation Act of 1986
regarding indemnification of | 15 | | officers, directors, employees, and agents;
| 16 | | (5) the Abused and Neglected Child Reporting Act;
| 17 | | (5.5) subsection (b) of Section 10-23.12 and | 18 | | subsection (b) of Section 34-18.6 of this Code; | 19 | | (6) the Illinois School Student Records Act;
| 20 | | (7) Section 10-17a of this Code regarding school report | 21 | | cards;
| 22 | | (8) the P-20 Longitudinal Education Data System Act; | 23 | | (9) Section 27-23.7 of this Code regarding bullying | 24 | | prevention; | 25 | | (10) Section 2-3.162 of this Code regarding student | 26 | | discipline reporting; |
| | | 10100SB0449ham002 | - 62 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (11) Sections 22-80 and 27-8.1 of this Code; | 2 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 3 | | (13) Sections 10-20.63 and 34-18.56 of this Code; and | 4 | | (14) Section 26-18 of this Code; and | 5 | | (15) Section 22-30 of this Code ; and . | 6 | | (16) Article 26A. | 7 | | The change made by Public Act 96-104 to this subsection (g) | 8 | | is declaratory of existing law. | 9 | | (h) A charter school may negotiate and contract with a | 10 | | school district, the
governing body of a State college or | 11 | | university or public community college, or
any other public or | 12 | | for-profit or nonprofit private entity for: (i) the use
of a | 13 | | school building and grounds or any other real property or | 14 | | facilities that
the charter school desires to use or convert | 15 | | for use as a charter school site,
(ii) the operation and | 16 | | maintenance thereof, and
(iii) the provision of any service, | 17 | | activity, or undertaking that the charter
school is required to | 18 | | perform in order to carry out the terms of its charter.
| 19 | | However, a charter school
that is established on
or
after April | 20 | | 16, 2003 (the effective date of Public Act 93-3) and that | 21 | | operates
in a city having a population exceeding
500,000 may | 22 | | not contract with a for-profit entity to
manage or operate the | 23 | | school during the period that commences on April 16, 2003 (the
| 24 | | effective date of Public Act 93-3) and
concludes at the end of | 25 | | the 2004-2005 school year.
Except as provided in subsection (i) | 26 | | of this Section, a school district may
charge a charter school |
| | | 10100SB0449ham002 | - 63 - | LRB101 04210 AXK 61067 a |
|
| 1 | | reasonable rent for the use of the district's
buildings, | 2 | | grounds, and facilities. Any services for which a charter | 3 | | school
contracts
with a school district shall be provided by | 4 | | the district at cost. Any services
for which a charter school | 5 | | contracts with a local school board or with the
governing body | 6 | | of a State college or university or public community college
| 7 | | shall be provided by the public entity at cost.
| 8 | | (i) In no event shall a charter school that is established | 9 | | by converting an
existing school or attendance center to | 10 | | charter school status be required to
pay rent for space
that is | 11 | | deemed available, as negotiated and provided in the charter | 12 | | agreement,
in school district
facilities. However, all other | 13 | | costs for the operation and maintenance of
school district | 14 | | facilities that are used by the charter school shall be subject
| 15 | | to negotiation between
the charter school and the local school | 16 | | board and shall be set forth in the
charter.
| 17 | | (j) A charter school may limit student enrollment by age or | 18 | | grade level.
| 19 | | (k) If the charter school is approved by the Commission, | 20 | | then the Commission charter school is its own local education | 21 | | agency. | 22 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 23 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 24 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 25 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 26 | | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, |
| | | 10100SB0449ham002 | - 64 - | LRB101 04210 AXK 61067 a |
|
| 1 | | eff. 8-14-18; revised 10-5-18.) | 2 | | (105 ILCS 5/34-18.24)
| 3 | | Sec. 34-18.24. Transfer of students.
| 4 | | (a) The board shall
establish and
implement a
policy | 5 | | governing the transfer of a student from one attendance center | 6 | | to
another within the
school district upon the request of the | 7 | | student's parent or guardian.
A
student may not transfer to any | 8 | | of the following attendance centers, except by
change in
| 9 | | residence if the policy authorizes enrollment based on | 10 | | residence in an
attendance area
or unless approved by the board | 11 | | on an individual basis:
| 12 | | (1) An attendance center that exceeds or as a result of | 13 | | the
transfer would
exceed its attendance capacity.
| 14 | | (2) An attendance center for which the board has | 15 | | established
academic
criteria for enrollment if the | 16 | | student does not meet the criteria.
| 17 | | (3) Any attendance center if the transfer would
prevent | 18 | | the school district from meeting its obligations under a | 19 | | State or
federal law,
court
order, or consent
decree
| 20 | | applicable to the school district.
| 21 | | (b) The board shall establish and implement a policy governing | 22 | | the
transfer of students within the school district from a | 23 | | persistently dangerous
attendance center to another attendance | 24 | | center in that district that is not
deemed to be
persistently | 25 | | dangerous.
In order to be considered a persistently dangerous |
| | | 10100SB0449ham002 | - 65 - | LRB101 04210 AXK 61067 a |
|
| 1 | | attendance center, the
attendance center must meet all of the | 2 | | following criteria for 2 consecutive
years:
| 3 | | (1) Have greater than 3% of the students enrolled in | 4 | | the attendance center
expelled for violence-related | 5 | | conduct.
| 6 | | (2) Have one or more students expelled for bringing a | 7 | | firearm to school
as defined in 18 U.S.C. 921.
| 8 | | (3) Have at least 3% of the students enrolled in the | 9 | | attendance center
exercise the
individual option to | 10 | | transfer attendance centers pursuant to subsection (c) of
| 11 | | this
Section.
| 12 | | (c) A student may transfer from one attendance center to
| 13 | | another attendance center within the district if the student is | 14 | | a victim of a
violent
crime as defined in Section 3 of the | 15 | | Rights of Crime Victims and Witnesses Act.
The violent crime | 16 | | must have occurred on school grounds during regular school
| 17 | | hours or during a school-sponsored event.
| 18 | | (d) (Blank).
| 19 | | (e) Notwithstanding any other provision of this Code, a | 20 | | student who is a victim of gender-based violence, as defined in | 21 | | Article 26A, must be permitted to transfer schools immediately | 22 | | and as needed, including to a school in another school | 23 | | district, if the student's continued attendance at a particular | 24 | | attendance center, school facility, or school location poses a | 25 | | risk to the student's mental or physical well-being or safety. | 26 | | A transfer under this subsection within the school district |
| | | 10100SB0449ham002 | - 66 - | LRB101 04210 AXK 61067 a |
|
| 1 | | must be considered before a transfer into a different school | 2 | | district. The school district the student transfers to must be | 3 | | an adjoining school district, unless there is no attendance | 4 | | center, school facility, or school location in that district in | 5 | | which the student's attendance poses no risk to the student's | 6 | | mental or physical well-being or safety. The school district | 7 | | the student seeks to transfer to may deny a transfer to a | 8 | | particular attendance center if (i) the attendance center | 9 | | exceeds or, as a result of the transfer, would exceed its | 10 | | attendance capacity, (ii) the student does not meet the | 11 | | attendance center's academic criteria for enrollment, or (iii) | 12 | | the transfer would prevent the school district from meeting | 13 | | obligations under State or federal law, a court order, or a | 14 | | consent decree. If no adjoining school district is available | 15 | | for transfer, the student may transfer to another school | 16 | | district, unless there is no attendance center, school | 17 | | facility, or school location in that district in which the | 18 | | student's attendance poses no risk to the student's mental or | 19 | | physical well-being or safety. The school district the student | 20 | | seeks to transfer to may deny a transfer to a particular | 21 | | attendance center if any of the situations described in items | 22 | | (i) through (iii) of this subsection apply. A school district | 23 | | must waive tuition for a student who transfers under this | 24 | | subsection to the school district and is a nonresident. A | 25 | | student who transfers to another school under this subsection | 26 | | due to gender-based violence must have full and immediate |
| | | 10100SB0449ham002 | - 67 - | LRB101 04210 AXK 61067 a |
|
| 1 | | access to extracurricular activities and any programs or | 2 | | activities offered by or under the auspices of the school to | 3 | | which the student has transferred. The school district may not | 4 | | require a student who is a victim of gender-based violence to | 5 | | transfer to another school or school district. No adverse or | 6 | | prejudicial effects may result to any student who is a victim | 7 | | of gender-based violence because of the student availing | 8 | | himself or herself of or declining the provisions of this | 9 | | subsection. The school district may require a student to verify | 10 | | his or her claim of gender-based violence under Section 26A-45 | 11 | | before approving a transfer to another school under this | 12 | | subsection. | 13 | | (Source: P.A. 100-1046, eff. 8-23-18.)
| 14 | | Section 10. The Illinois School Student Records Act is | 15 | | amended by changing Section 5 as follows:
| 16 | | (105 ILCS 10/5) (from Ch. 122, par. 50-5)
| 17 | | Sec. 5.
(a) A parent or any person specifically designated | 18 | | as
a representative by a parent shall have the right to inspect | 19 | | and
copy all school student permanent and temporary records of | 20 | | that
parent's child , except if the child is a parent, expectant | 21 | | parent, or victim of gender-based violence, as defined in | 22 | | Article 26A. All information concerning a student's status and | 23 | | related experiences as a parent, expectant parent, or victim of | 24 | | gender-based violence, including a statement of the student or |
| | | 10100SB0449ham002 | - 68 - | LRB101 04210 AXK 61067 a |
|
| 1 | | any other documentation, record, or corroborating evidence and | 2 | | the fact that the student has requested or obtained assistance, | 3 | | accommodations, or services related to that status, must be | 4 | | retained by the school in the strictest confidence. The | 5 | | information contained in the student's permanent or temporary | 6 | | record may be disclosed if, prior to disclosing the information | 7 | | about a student's status as a parent, expectant parent, or | 8 | | victim of gender-based violence, the school notifies the | 9 | | student and discusses and addresses any health or safety | 10 | | concerns related to that disclosure. If the student's health or | 11 | | safety concerns are incapable of being satisfied to the | 12 | | student's satisfaction, the information concerning the | 13 | | student's status and related experiences as a parent, expectant | 14 | | parent, or victim of gender-based violence may not be disclosed | 15 | | as part of the student's permanent or temporary record. | 16 | | Enforcement of this exception is as provided in Section 26A-40 . | 17 | | A student shall have the right to inspect and copy
his or her | 18 | | school student permanent record. No person who is prohibited
by | 19 | | an order of protection from inspecting or obtaining school | 20 | | records of a
student pursuant to the Illinois Domestic Violence | 21 | | Act of 1986, as now or
hereafter amended, shall have any right | 22 | | of access to, or inspection of, the
school records of that | 23 | | student. If a school's principal or person with
like | 24 | | responsibilities or his designee has knowledge of such order of
| 25 | | protection, the school shall prohibit access or inspection of | 26 | | the student's
school records by such person.
|
| | | 10100SB0449ham002 | - 69 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (b) Whenever access to any person is granted pursuant
to | 2 | | paragraph (a) of this Section, at the option of either the | 3 | | parent or the school
a qualified professional, who may be a | 4 | | psychologist, counsellor or
other advisor, and who may be an | 5 | | employee of the school or employed
by the parent, may be | 6 | | present to interpret the information contained
in the student | 7 | | temporary record. If the school requires that a
professional be | 8 | | present, the school shall secure and bear any cost of the
| 9 | | presence of the professional. If the parent so requests, the | 10 | | school
shall secure and bear any cost of the presence of a | 11 | | professional
employed by the school.
| 12 | | (c) A parent's or student's request to inspect and copy | 13 | | records,
or to allow a specifically designated representative | 14 | | to inspect and
copy records, must be granted within a | 15 | | reasonable time, and in no case later
than 10 business days | 16 | | after the date of receipt of such request by the
official | 17 | | records custodian.
| 18 | | (c-5) The time for response under this Section may be | 19 | | extended by the school district by not more than 5 business | 20 | | days from the original due date for any of the following | 21 | | reasons: | 22 | | (1) the requested records are stored in whole or in
| 23 | | part at other locations than the office having charge of | 24 | | the requested records; | 25 | | (2) the request requires the collection of a
| 26 | | substantial number of specified records; |
| | | 10100SB0449ham002 | - 70 - | LRB101 04210 AXK 61067 a |
|
| 1 | | (3) the request is couched in categorical terms and
| 2 | | requires an extensive search for the records responsive to | 3 | | it; | 4 | | (4) the requested records have not been located in
the | 5 | | course of routine search and additional efforts are being | 6 | | made to locate them; | 7 | | (5) the request for records cannot be complied with
by | 8 | | the school district within the time limits prescribed by | 9 | | subsection (c) of this Section without unduly burdening or | 10 | | interfering with the operations of the school district; or | 11 | | (6) there is a need for consultation, which shall
be | 12 | | conducted with all practicable speed, with another public | 13 | | body or school district or among 2 or more components of a | 14 | | public body or school district having a substantial | 15 | | interest in the determination or in the subject matter of | 16 | | the request. | 17 | | The person making a request and the school district may | 18 | | agree in writing to extend the time for compliance for a period | 19 | | to be determined by the parties. If the requester and the | 20 | | school district agree to extend the period for compliance, a | 21 | | failure by the school district to comply with any previous | 22 | | deadlines shall not be treated as a denial of the request for | 23 | | the records. | 24 | | (d) The school may charge its reasonable costs for the
| 25 | | copying of school student records, not to exceed the amounts | 26 | | fixed
in schedules adopted by the State Board, to any person |
| | | 10100SB0449ham002 | - 71 - | LRB101 04210 AXK 61067 a |
|
| 1 | | permitted
to copy such records, except that no parent or | 2 | | student shall be
denied a copy of school student records as | 3 | | permitted under this
Section 5 for inability to bear the cost | 4 | | of such copying.
| 5 | | (e) Nothing contained in this Section 5 shall make
| 6 | | available to a parent or student confidential letters and
| 7 | | statements of recommendation furnished in connection with
| 8 | | applications for employment to a post-secondary educational
| 9 | | institution or the receipt of an honor or honorary recognition,
| 10 | | provided such letters and statements are not used for purposes
| 11 | | other than those for which they were specifically intended, and
| 12 | | (1) were placed in a school student record
prior to | 13 | | January 1, 1975; or
| 14 | | (2) the student has waived access thereto after
being | 15 | | advised of his right to obtain upon request the names
of | 16 | | all such persons making such confidential recommendations.
| 17 | | (f) Nothing contained in this Act shall be construed to
| 18 | | impair or limit the confidentiality of:
| 19 | | (1) Communications otherwise protected by law
as | 20 | | privileged or confidential, including but not limited to,
| 21 | | information communicated in confidence to a physician, | 22 | | psychologist or other
psychotherapist, school social | 23 | | worker, school counselor, school psychologist, or school | 24 | | social worker, school counselor, or school psychologist | 25 | | intern who works under the direct supervision of a school | 26 | | social worker, school counselor, or school psychologist; |
| | | 10100SB0449ham002 | - 72 - | LRB101 04210 AXK 61067 a |
|
| 1 | | or
| 2 | | (2) Information which is communicated by a student
or | 3 | | parent in confidence to school personnel; or
| 4 | | (3) Information which is communicated by a student, | 5 | | parent, or guardian to
a law enforcement professional | 6 | | working in the school, except as provided by
court order.
| 7 | | (g) No school employee shall be subjected to adverse | 8 | | employment action, the threat of adverse employment action, or | 9 | | any manner of discrimination
because the employee is acting or | 10 | | has acted to protect communications as privileged or | 11 | | confidential pursuant to applicable provisions of State or | 12 | | federal law or rule or regulation. | 13 | | (Source: P.A. 100-532, eff. 9-22-17.)
| 14 | | Section 990. The State Mandates Act is amended by adding | 15 | | Section 8.43 as follows: | 16 | | (30 ILCS 805/8.43 new) | 17 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | 18 | | of this Act, no reimbursement by the State is required for the | 19 | | implementation of any mandate created by this amendatory Act of | 20 | | the 101st General Assembly.
| 21 | | Section 999. Effective date. This Act takes effect July 1, | 22 | | 2020.".
|
|