Full Text of HB3173 102nd General Assembly
HB3173sam002 102ND GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 10/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3173
| 2 | | AMENDMENT NO. ______. Amend House Bill 3173, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. "An Act concerning education", approved August | 6 | | 20, 2021, Public Act 102-466, is amended by changing Section | 7 | | 99 as follow:
| 8 | | (P.A. 102-466, Sec. 99)
| 9 | | Sec. 99. Effective date. This Act takes effect July 1, | 10 | | 2022, except that the provisions adding Section 26A-30 to the | 11 | | School Code take effect on July 1, 2023 2025 .
| 12 | | (Source: P.A. 102-466, Sec. 99.)
| 13 | | Section 10. The School Code is amended by changing | 14 | | Sections 10-22.6, 10-22.6a, 26A-15, 26A-20, 26A-25, 26A-30, | 15 | | 26A-40, and 26A-45 as follows:
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| 1 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 2 | | (Text of Section before amendment by P.A. 102-466 )
| 3 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 4 | | searches.
| 5 | | (a) To expel pupils guilty of gross disobedience or | 6 | | misconduct, including gross disobedience or misconduct | 7 | | perpetuated by electronic means, pursuant to subsection (b-20) | 8 | | of this Section, and
no action shall lie against them for such | 9 | | expulsion. Expulsion shall
take place only after the parents | 10 | | have been requested to appear at a
meeting of the board, or | 11 | | with a hearing officer appointed by it, to
discuss their | 12 | | child's behavior. Such request shall be made by registered
or | 13 | | certified mail and shall state the time, place and purpose of | 14 | | the
meeting. The board, or a hearing officer appointed by it, | 15 | | at such
meeting shall state the reasons for dismissal and the | 16 | | date on which the
expulsion is to become effective. If a | 17 | | hearing officer is appointed by
the board, he shall report to | 18 | | the board a written summary of the evidence
heard at the | 19 | | meeting and the board may take such action thereon as it
finds | 20 | | appropriate. If the board acts to expel a pupil, the written | 21 | | expulsion decision shall detail the specific reasons why | 22 | | removing the pupil from the learning environment is in the | 23 | | best interest of the school. The expulsion decision shall also | 24 | | include a rationale as to the specific duration of the | 25 | | expulsion. An expelled pupil may be immediately transferred to |
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| 1 | | an alternative program in the manner provided in Article 13A | 2 | | or 13B of this Code. A pupil must not be denied transfer | 3 | | because of the expulsion, except in cases in which such | 4 | | transfer is deemed to cause a threat to the safety of students | 5 | | or staff in the alternative program.
| 6 | | (b) To suspend or by policy to authorize the | 7 | | superintendent of
the district or the principal, assistant | 8 | | principal, or dean of students
of any school to suspend pupils | 9 | | guilty of gross disobedience or misconduct, or
to suspend | 10 | | pupils guilty of gross disobedience or misconduct on the | 11 | | school bus
from riding the school bus, pursuant to subsections | 12 | | (b-15) and (b-20) of this Section, and no action
shall lie | 13 | | against them for such suspension. The board may by policy
| 14 | | authorize the superintendent of the district or the principal, | 15 | | assistant
principal, or dean of students of any
school to | 16 | | suspend pupils guilty of such acts for a period not to exceed
| 17 | | 10 school days. If a pupil is suspended due to gross | 18 | | disobedience or misconduct
on a school bus, the board may | 19 | | suspend the pupil in excess of 10
school
days for safety | 20 | | reasons. | 21 | | Any suspension shall be reported immediately to the
| 22 | | parents or guardian of a pupil along with a full statement of | 23 | | the
reasons for such suspension and a notice of their right to | 24 | | a review. The school board must be given a summary of the | 25 | | notice, including the reason for the suspension and the | 26 | | suspension length. Upon request of the
parents or guardian, |
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| 1 | | the school board or a hearing officer appointed by
it shall | 2 | | review such action of the superintendent or principal, | 3 | | assistant
principal, or dean of students. At such
review, the | 4 | | parents or guardian of the pupil may appear and discuss the
| 5 | | suspension with the board or its hearing officer. If a hearing | 6 | | officer
is appointed by the board, he shall report to the board | 7 | | a written summary
of the evidence heard at the meeting. After | 8 | | its hearing or upon receipt
of the written report of its | 9 | | hearing officer, the board may take such
action as it finds | 10 | | appropriate. If a student is suspended pursuant to this | 11 | | subsection (b), the board shall, in the written suspension | 12 | | decision, detail the specific act of gross disobedience or | 13 | | misconduct resulting in the decision to suspend. The | 14 | | suspension decision shall also include a rationale as to the | 15 | | specific duration of the suspension. A pupil who is suspended | 16 | | in excess of 20 school days may be immediately transferred to | 17 | | an alternative program in the manner provided in Article 13A | 18 | | or 13B of this Code. A pupil must not be denied transfer | 19 | | because of the suspension, except in cases in which such | 20 | | transfer is deemed to cause a threat to the safety of students | 21 | | or staff in the alternative program.
| 22 | | (b-5) Among the many possible disciplinary interventions | 23 | | and consequences available to school officials, school | 24 | | exclusions, such as out-of-school suspensions and expulsions, | 25 | | are the most serious. School officials shall limit the number | 26 | | and duration of expulsions and suspensions to the greatest |
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| 1 | | extent practicable, and it is recommended that they use them | 2 | | only for legitimate educational purposes. To ensure that | 3 | | students are not excluded from school unnecessarily, it is | 4 | | recommended that school officials consider forms of | 5 | | non-exclusionary discipline prior to using out-of-school | 6 | | suspensions or expulsions. | 7 | | (b-10) Unless otherwise required by federal law or this | 8 | | Code, school boards may not institute zero-tolerance policies | 9 | | by which school administrators are required to suspend or | 10 | | expel students for particular behaviors. | 11 | | (b-15) Out-of-school suspensions of 3 days or less may be | 12 | | used only if the student's continuing presence in school would | 13 | | pose a threat to school safety or a disruption to other | 14 | | students' learning opportunities. For purposes of this | 15 | | subsection (b-15), "threat to school safety or a disruption to | 16 | | other students' learning opportunities" shall be determined on | 17 | | a case-by-case basis by the school board or its designee. | 18 | | School officials shall make all reasonable efforts to resolve | 19 | | such threats, address such disruptions, and minimize the | 20 | | length of suspensions to the greatest extent practicable. | 21 | | (b-20) Unless otherwise required by this Code, | 22 | | out-of-school suspensions of longer than 3 days, expulsions, | 23 | | and disciplinary removals to alternative schools may be used | 24 | | only if other appropriate and available behavioral and | 25 | | disciplinary interventions have been exhausted and the | 26 | | student's continuing presence in school would either (i) pose |
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| 1 | | a
threat to the safety of other students, staff, or members of
| 2 | | the school community or (ii) substantially disrupt, impede, or
| 3 | | interfere with the operation of the school. For purposes of | 4 | | this subsection (b-20), "threat to the safety of other | 5 | | students, staff, or members of the school community" and | 6 | | "substantially disrupt, impede, or interfere with the | 7 | | operation of the school" shall be determined on a case-by-case | 8 | | basis by school officials. For purposes of this subsection | 9 | | (b-20), the determination of whether "appropriate and | 10 | | available behavioral and disciplinary interventions have been | 11 | | exhausted" shall be made by school officials. School officials | 12 | | shall make all reasonable efforts to resolve such threats, | 13 | | address such disruptions, and minimize the length of student | 14 | | exclusions to the greatest extent practicable. Within the | 15 | | suspension decision described in subsection (b) of this | 16 | | Section or the expulsion decision described in subsection (a) | 17 | | of this Section, it shall be documented whether other | 18 | | interventions were attempted or whether it was determined that | 19 | | there were no other appropriate and available interventions. | 20 | | (b-25) Students who are suspended out-of-school for longer | 21 | | than 4 school days shall be provided appropriate and available | 22 | | support services during the period of their suspension. For | 23 | | purposes of this subsection (b-25), "appropriate and available | 24 | | support services" shall be determined by school authorities. | 25 | | Within the suspension decision described in subsection (b) of | 26 | | this Section, it shall be documented whether such services are |
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| 1 | | to be provided or whether it was determined that there are no | 2 | | such appropriate and available services. | 3 | | A school district may refer students who are expelled to | 4 | | appropriate and available support services. | 5 | | A school district shall create a policy to facilitate the | 6 | | re-engagement of students who are suspended out-of-school, | 7 | | expelled, or returning from an alternative school setting. | 8 | | (b-30) A school district shall create a policy by which | 9 | | suspended pupils, including those pupils suspended from the | 10 | | school bus who do not have alternate transportation to school, | 11 | | shall have the opportunity to make up work for equivalent | 12 | | academic credit. It shall be the responsibility of a pupil's | 13 | | parent or guardian to notify school officials that a pupil | 14 | | suspended from the school bus does not have alternate | 15 | | transportation to school. | 16 | | (c) A school board must invite a representative from a | 17 | | local mental health agency to consult with the board at the | 18 | | meeting whenever there is evidence that mental illness may be | 19 | | the cause of a student's expulsion or suspension.
| 20 | | (c-5) School districts shall make reasonable efforts to | 21 | | provide ongoing professional development to teachers, | 22 | | administrators, school board members, school resource | 23 | | officers, and staff on the adverse consequences of school | 24 | | exclusion and justice-system involvement, effective classroom | 25 | | management strategies, culturally responsive discipline, the | 26 | | appropriate and available supportive services for the |
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| 1 | | promotion of student attendance and engagement, and | 2 | | developmentally appropriate disciplinary methods that promote | 3 | | positive and healthy school climates. | 4 | | (d) The board may expel a student for a definite period of | 5 | | time not to
exceed 2 calendar years, as determined on a | 6 | | case-by-case basis.
A student who
is determined to have | 7 | | brought one of the following objects to school, any | 8 | | school-sponsored activity
or event, or any activity or event | 9 | | that bears a reasonable relationship to school shall be | 10 | | expelled for a period of not less than
one year: | 11 | | (1) A firearm. For the purposes of this Section, | 12 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 13 | | by Section 921 of Title 18 of the United States Code, | 14 | | firearm as defined in Section 1.1 of the Firearm Owners | 15 | | Identification Card Act, or firearm as defined in Section | 16 | | 24-1 of the Criminal Code of 2012. The expulsion period | 17 | | under this subdivision (1) may be modified by the | 18 | | superintendent, and the superintendent's determination may | 19 | | be modified by the board on a case-by-case basis. | 20 | | (2) A knife, brass knuckles or other knuckle weapon | 21 | | regardless of its composition, a billy club, or any other | 22 | | object if used or attempted to be used to cause bodily | 23 | | harm, including "look alikes" of any firearm as defined in | 24 | | subdivision (1) of this subsection (d). The expulsion | 25 | | requirement under this subdivision (2) may be modified by | 26 | | the superintendent, and the superintendent's determination |
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| 1 | | may be modified by the board on a case-by-case basis. | 2 | | Expulsion
or suspension
shall be construed in a
manner | 3 | | consistent with the federal Individuals with Disabilities | 4 | | Education
Act. A student who is subject to suspension or | 5 | | expulsion as provided in this
Section may be eligible for a | 6 | | transfer to an alternative school program in
accordance with | 7 | | Article 13A of the School Code.
| 8 | | (d-5) The board may suspend or by regulation
authorize the | 9 | | superintendent of the district or the principal, assistant
| 10 | | principal, or dean of students of any
school to suspend a | 11 | | student for a period not to exceed
10 school days or may expel | 12 | | a student for a definite period of time not to
exceed 2 | 13 | | calendar years, as determined on a case-by-case basis, if (i) | 14 | | that student has been determined to have made an explicit | 15 | | threat on an Internet website against a school employee, a | 16 | | student, or any school-related personnel, (ii) the Internet | 17 | | website through which the threat was made is a site that was | 18 | | accessible within the school at the time the threat was made or | 19 | | was available to third parties who worked or studied within | 20 | | the school grounds at the time the threat was made, and (iii) | 21 | | the threat could be reasonably interpreted as threatening to | 22 | | the safety and security of the threatened individual because | 23 | | of his or her duties or employment status or status as a | 24 | | student inside the school.
| 25 | | (e) To maintain order and security in the schools, school | 26 | | authorities may
inspect and search places and areas such as |
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| 1 | | lockers, desks, parking lots, and
other school property and | 2 | | equipment owned or controlled by the school, as well
as | 3 | | personal effects left in those places and areas by students, | 4 | | without notice
to or the consent of the student, and without a | 5 | | search warrant. As a matter of
public policy, the General | 6 | | Assembly finds that students have no reasonable
expectation of | 7 | | privacy in these places and areas or in their personal effects
| 8 | | left in these places and areas. School authorities may request | 9 | | the assistance
of law enforcement officials for the purpose of | 10 | | conducting inspections and
searches of lockers, desks, parking | 11 | | lots, and other school property and
equipment owned or | 12 | | controlled by the school for illegal drugs, weapons, or
other
| 13 | | illegal or dangerous substances or materials, including | 14 | | searches conducted
through the use of specially trained dogs. | 15 | | If a search conducted in accordance
with this Section produces | 16 | | evidence that the student has violated or is
violating either | 17 | | the law, local ordinance, or the school's policies or rules,
| 18 | | such evidence may be seized by school authorities, and | 19 | | disciplinary action may
be taken. School authorities may also | 20 | | turn over such evidence to law
enforcement authorities.
| 21 | | (f) Suspension or expulsion may include suspension or | 22 | | expulsion from
school and all school activities and a | 23 | | prohibition from being present on school
grounds.
| 24 | | (g) A school district may adopt a policy providing that if | 25 | | a student
is suspended or expelled for any reason from any | 26 | | public or private school
in this or any other state, the |
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| 1 | | student must complete the entire term of
the suspension or | 2 | | expulsion in an alternative school program under Article 13A | 3 | | of this Code or an alternative learning opportunities program | 4 | | under Article 13B of this Code before being admitted into the | 5 | | school
district if there is no threat to the safety of students | 6 | | or staff in the alternative program.
| 7 | | (h) School officials shall not advise or encourage | 8 | | students to drop out voluntarily due to behavioral or academic | 9 | | difficulties. | 10 | | (i) A student may not be issued a monetary fine or fee as a | 11 | | disciplinary consequence, though this shall not preclude | 12 | | requiring a student to provide restitution for lost, stolen, | 13 | | or damaged property. | 14 | | (j) Subsections (a) through (i) of this Section shall | 15 | | apply to elementary and secondary schools, charter schools, | 16 | | special charter districts, and school districts organized | 17 | | under Article 34 of this Code. | 18 | | (k) The expulsion of children enrolled in programs funded | 19 | | under Section 1C-2 of this Code is subject to the requirements | 20 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 21 | | this Code. | 22 | | (l) Beginning with the 2018-2019 school year, an in-school | 23 | | suspension program provided by a school district for any | 24 | | students in kindergarten through grade 12 may focus on | 25 | | promoting non-violent conflict resolution and positive | 26 | | interaction with other students and school personnel. A school |
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| 1 | | district may employ a school social worker or a licensed | 2 | | mental health professional to oversee an in-school suspension | 3 | | program in kindergarten through grade 12. | 4 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) | 5 | | (Text of Section after amendment by P.A. 102-466 )
| 6 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 7 | | searches.
| 8 | | (a) To expel pupils guilty of gross disobedience or | 9 | | misconduct, including gross disobedience or misconduct | 10 | | perpetuated by electronic means, pursuant to subsection (b-20) | 11 | | of this Section, and
no action shall lie against them for such | 12 | | expulsion. Expulsion shall
take place only after the parents | 13 | | or guardians have been requested to appear at a
meeting of the | 14 | | board, or with a hearing officer appointed by it, to
discuss | 15 | | their child's behavior. Such request shall be made by | 16 | | registered
or certified mail and shall state the time, place | 17 | | and purpose of the
meeting. The board, or a hearing officer | 18 | | appointed by it, at such
meeting shall state the reasons for | 19 | | dismissal and the date on which the
expulsion is to become | 20 | | effective. If a hearing officer is appointed by
the board, he | 21 | | shall report to the board a written summary of the evidence
| 22 | | heard at the meeting and the board may take such action thereon | 23 | | as it
finds appropriate. If the board acts to expel a pupil, | 24 | | the written expulsion decision shall detail the specific | 25 | | reasons why removing the pupil from the learning environment |
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| 1 | | is in the best interest of the school. The expulsion decision | 2 | | shall also include a rationale as to the specific duration of | 3 | | the expulsion. An expelled pupil may be immediately | 4 | | transferred to an alternative program in the manner provided | 5 | | in Article 13A or 13B of this Code. A pupil must not be denied | 6 | | transfer because of the expulsion, except in cases in which | 7 | | such transfer is deemed to cause a threat to the safety of | 8 | | students or staff in the alternative program.
| 9 | | (b) To suspend or by policy to authorize the | 10 | | superintendent of
the district or the principal, assistant | 11 | | principal, or dean of students
of any school to suspend pupils | 12 | | guilty of gross disobedience or misconduct, or
to suspend | 13 | | pupils guilty of gross disobedience or misconduct on the | 14 | | school bus
from riding the school bus, pursuant to subsections | 15 | | (b-15) and (b-20) of this Section, and no action
shall lie | 16 | | against them for such suspension. The board may by policy
| 17 | | authorize the superintendent of the district or the principal, | 18 | | assistant
principal, or dean of students of any
school to | 19 | | suspend pupils guilty of such acts for a period not to exceed
| 20 | | 10 school days. If a pupil is suspended due to gross | 21 | | disobedience or misconduct
on a school bus, the board may | 22 | | suspend the pupil in excess of 10
school
days for safety | 23 | | reasons. | 24 | | Any suspension shall be reported immediately to the
| 25 | | parents or guardians of a pupil along with a full statement of | 26 | | the
reasons for such suspension and a notice of their right to |
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| 1 | | a review. The school board must be given a summary of the | 2 | | notice, including the reason for the suspension and the | 3 | | suspension length. Upon request of the
parents or guardians, | 4 | | the school board or a hearing officer appointed by
it shall | 5 | | review such action of the superintendent or principal, | 6 | | assistant
principal, or dean of students. At such
review, the | 7 | | parents or guardians of the pupil may appear and discuss the
| 8 | | suspension with the board or its hearing officer. If a hearing | 9 | | officer
is appointed by the board, he shall report to the board | 10 | | a written summary
of the evidence heard at the meeting. After | 11 | | its hearing or upon receipt
of the written report of its | 12 | | hearing officer, the board may take such
action as it finds | 13 | | appropriate. If a student is suspended pursuant to this | 14 | | subsection (b), the board shall, in the written suspension | 15 | | decision, detail the specific act of gross disobedience or | 16 | | misconduct resulting in the decision to suspend. The | 17 | | suspension decision shall also include a rationale as to the | 18 | | specific duration of the suspension. A pupil who is suspended | 19 | | in excess of 20 school days may be immediately transferred to | 20 | | an alternative program in the manner provided in Article 13A | 21 | | or 13B of this Code. A pupil must not be denied transfer | 22 | | because of the suspension, except in cases in which such | 23 | | transfer is deemed to cause a threat to the safety of students | 24 | | or staff in the alternative program.
| 25 | | (b-5) Among the many possible disciplinary interventions | 26 | | and consequences available to school officials, school |
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| 1 | | exclusions, such as out-of-school suspensions and expulsions, | 2 | | are the most serious. School officials shall limit the number | 3 | | and duration of expulsions and suspensions to the greatest | 4 | | extent practicable, and it is recommended that they use them | 5 | | only for legitimate educational purposes. To ensure that | 6 | | students are not excluded from school unnecessarily, it is | 7 | | recommended that school officials consider forms of | 8 | | non-exclusionary discipline prior to using out-of-school | 9 | | suspensions or expulsions. | 10 | | (b-10) Unless otherwise required by federal law or this | 11 | | Code, school boards may not institute zero-tolerance policies | 12 | | by which school administrators are required to suspend or | 13 | | expel students for particular behaviors. | 14 | | (b-15) Out-of-school suspensions of 3 days or less may be | 15 | | used only if the student's continuing presence in school would | 16 | | pose a threat to school safety or a disruption to other | 17 | | students' learning opportunities. For purposes of this | 18 | | subsection (b-15), "threat to school safety or a disruption to | 19 | | other students' learning opportunities" shall be determined on | 20 | | a case-by-case basis by the school board or its designee. | 21 | | School officials shall make all reasonable efforts to resolve | 22 | | such threats, address such disruptions, and minimize the | 23 | | length of suspensions to the greatest extent practicable. | 24 | | (b-20) Unless otherwise required by this Code, | 25 | | out-of-school suspensions of longer than 3 days, expulsions, | 26 | | and disciplinary removals to alternative schools may be used |
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| 1 | | only if other appropriate and available behavioral and | 2 | | disciplinary interventions have been exhausted and the | 3 | | student's continuing presence in school would either (i) pose | 4 | | a
threat to the safety of other students, staff, or members of
| 5 | | the school community or (ii) substantially disrupt, impede, or
| 6 | | interfere with the operation of the school. For purposes of | 7 | | this subsection (b-20), "threat to the safety of other | 8 | | students, staff, or members of the school community" and | 9 | | "substantially disrupt, impede, or interfere with the | 10 | | operation of the school" shall be determined on a case-by-case | 11 | | basis by school officials. For purposes of this subsection | 12 | | (b-20), the determination of whether "appropriate and | 13 | | available behavioral and disciplinary interventions have been | 14 | | exhausted" shall be made by school officials. School officials | 15 | | shall make all reasonable efforts to resolve such threats, | 16 | | address such disruptions, and minimize the length of student | 17 | | exclusions to the greatest extent practicable. Within the | 18 | | suspension decision described in subsection (b) of this | 19 | | Section or the expulsion decision described in subsection (a) | 20 | | of this Section, it shall be documented whether other | 21 | | interventions were attempted or whether it was determined that | 22 | | there were no other appropriate and available interventions. | 23 | | (b-25) Students who are suspended out-of-school for longer | 24 | | than 4 school days shall be provided appropriate and available | 25 | | support services during the period of their suspension. For | 26 | | purposes of this subsection (b-25), "appropriate and available |
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| 1 | | support services" shall be determined by school authorities. | 2 | | Within the suspension decision described in subsection (b) of | 3 | | this Section, it shall be documented whether such services are | 4 | | to be provided or whether it was determined that there are no | 5 | | such appropriate and available services. | 6 | | A school district may refer students who are expelled to | 7 | | appropriate and available support services. | 8 | | A school district shall create a policy to facilitate the | 9 | | re-engagement of students who are suspended out-of-school, | 10 | | expelled, or returning from an alternative school setting. | 11 | | (b-30) A school district shall create a policy by which | 12 | | suspended pupils, including those pupils suspended from the | 13 | | school bus who do not have alternate transportation to school, | 14 | | shall have the opportunity to make up work for equivalent | 15 | | academic credit. It shall be the responsibility of a pupil's | 16 | | parents or guardians to notify school officials that a pupil | 17 | | suspended from the school bus does not have alternate | 18 | | transportation to school. | 19 | | (b-35) In all suspension review hearings conducted
under | 20 | | subsection (b) or expulsion hearings conducted
under | 21 | | subsection (a), a student may disclose any factor to be | 22 | | considered in mitigation, including , but not limited to, his | 23 | | or her status as
a parent, expectant parent, or victim of | 24 | | domestic or sexual violence, as defined in Article 26A , victim | 25 | | of bullying, experiencing the death of a family member, or | 26 | | other factors . A representative of the
parent's or guardian's |
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| 1 | | choice, or of the student's choice if emancipated, must be | 2 | | permitted to represent
the student throughout the proceedings | 3 | | and to address the school board or its appointed hearing | 4 | | officer. With the
approval of the student's parent or | 5 | | guardian, or of the student if emancipated, a support person
| 6 | | must be permitted to accompany the student to any disciplinary
| 7 | | hearings or proceedings. The representative or support person | 8 | | must comply with any rules of the school district's hearing | 9 | | process. If the representative or support person violates the | 10 | | rules or engages in behavior or advocacy that harasses, | 11 | | abuses, or intimidates either party, a witness, or anyone else | 12 | | in attendance at the hearing, the representative or support | 13 | | person may be prohibited from further participation in the | 14 | | hearing or proceeding. A suspension or expulsion proceeding
| 15 | | under this subsection (b-35) must be conducted independently
| 16 | | from any ongoing criminal investigation or proceeding, and an | 17 | | absence of pending or possible criminal charges, criminal | 18 | | investigations, or proceedings may not be a factor in school
| 19 | | disciplinary decisions. | 20 | | (b-40) During a suspension review hearing conducted
under | 21 | | subsection (b) or an expulsion hearing conducted
under | 22 | | subsection (a) that involves allegations of domestic or sexual
| 23 | | violence or gender-based harassment by the student who is | 24 | | subject to discipline, neither
the student nor his or her | 25 | | representative shall directly
question nor have direct contact | 26 | | with the alleged victim. The
student who is subject to |
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| 1 | | discipline or his or her
representative may, at the discretion | 2 | | and direction of the
school board or its appointed hearing | 3 | | officer, suggest
questions to be posed by the school board or | 4 | | its appointed
hearing officer to the alleged victim. | 5 | | (c) A school board must invite a representative from a | 6 | | local mental health agency to consult with the board at the | 7 | | meeting whenever there is evidence that mental illness may be | 8 | | the cause of a student's expulsion or suspension.
| 9 | | (c-5) School districts shall make reasonable efforts to | 10 | | provide ongoing professional development to teachers, | 11 | | administrators, school board members, school resource | 12 | | officers, and staff on the adverse consequences of school | 13 | | exclusion and justice-system involvement, effective classroom | 14 | | management strategies, culturally responsive discipline, the | 15 | | appropriate and available supportive services for the | 16 | | promotion of student attendance and engagement, and | 17 | | developmentally appropriate disciplinary methods that promote | 18 | | positive and healthy school climates. | 19 | | (d) The board may expel a student for a definite period of | 20 | | time not to
exceed 2 calendar years, as determined on a | 21 | | case-by-case basis.
A student who
is determined to have | 22 | | brought one of the following objects to school, any | 23 | | school-sponsored activity
or event, or any activity or event | 24 | | that bears a reasonable relationship to school shall be | 25 | | expelled for a period of not less than
one year: | 26 | | (1) A firearm. For the purposes of this Section, |
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| 1 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 2 | | by Section 921 of Title 18 of the United States Code, | 3 | | firearm as defined in Section 1.1 of the Firearm Owners | 4 | | Identification Card Act, or firearm as defined in Section | 5 | | 24-1 of the Criminal Code of 2012. The expulsion period | 6 | | under this subdivision (1) may be modified by the | 7 | | superintendent, and the superintendent's determination may | 8 | | be modified by the board on a case-by-case basis. | 9 | | (2) A knife, brass knuckles or other knuckle weapon | 10 | | regardless of its composition, a billy club, or any other | 11 | | object if used or attempted to be used to cause bodily | 12 | | harm, including "look alikes" of any firearm as defined in | 13 | | subdivision (1) of this subsection (d). The expulsion | 14 | | requirement under this subdivision (2) may be modified by | 15 | | the superintendent, and the superintendent's determination | 16 | | may be modified by the board on a case-by-case basis. | 17 | | Expulsion
or suspension
shall be construed in a
manner | 18 | | consistent with the federal Individuals with Disabilities | 19 | | Education
Act. A student who is subject to suspension or | 20 | | expulsion as provided in this
Section may be eligible for a | 21 | | transfer to an alternative school program in
accordance with | 22 | | Article 13A of the School Code.
| 23 | | (d-5) The board may suspend or by regulation
authorize the | 24 | | superintendent of the district or the principal, assistant
| 25 | | principal, or dean of students of any
school to suspend a | 26 | | student for a period not to exceed
10 school days or may expel |
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| 1 | | a student for a definite period of time not to
exceed 2 | 2 | | calendar years, as determined on a case-by-case basis, if (i) | 3 | | that student has been determined to have made an explicit | 4 | | threat on an Internet website against a school employee, a | 5 | | student, or any school-related personnel, (ii) the Internet | 6 | | website through which the threat was made is a site that was | 7 | | accessible within the school at the time the threat was made or | 8 | | was available to third parties who worked or studied within | 9 | | the school grounds at the time the threat was made, and (iii) | 10 | | the threat could be reasonably interpreted as threatening to | 11 | | the safety and security of the threatened individual because | 12 | | of his or her duties or employment status or status as a | 13 | | student inside the school.
| 14 | | (e) To maintain order and security in the schools, school | 15 | | authorities may
inspect and search places and areas such as | 16 | | lockers, desks, parking lots, and
other school property and | 17 | | equipment owned or controlled by the school, as well
as | 18 | | personal effects left in those places and areas by students, | 19 | | without notice
to or the consent of the student, and without a | 20 | | search warrant. As a matter of
public policy, the General | 21 | | Assembly finds that students have no reasonable
expectation of | 22 | | privacy in these places and areas or in their personal effects
| 23 | | left in these places and areas. School authorities may request | 24 | | the assistance
of law enforcement officials for the purpose of | 25 | | conducting inspections and
searches of lockers, desks, parking | 26 | | lots, and other school property and
equipment owned or |
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| 1 | | controlled by the school for illegal drugs, weapons, or
other
| 2 | | illegal or dangerous substances or materials, including | 3 | | searches conducted
through the use of specially trained dogs. | 4 | | If a search conducted in accordance
with this Section produces | 5 | | evidence that the student has violated or is
violating either | 6 | | the law, local ordinance, or the school's policies or rules,
| 7 | | such evidence may be seized by school authorities, and | 8 | | disciplinary action may
be taken. School authorities may also | 9 | | turn over such evidence to law
enforcement authorities.
| 10 | | (f) Suspension or expulsion may include suspension or | 11 | | expulsion from
school and all school activities and a | 12 | | prohibition from being present on school
grounds.
| 13 | | (g) A school district may adopt a policy providing that if | 14 | | a student
is suspended or expelled for any reason from any | 15 | | public or private school
in this or any other state, the | 16 | | student must complete the entire term of
the suspension or | 17 | | expulsion in an alternative school program under Article 13A | 18 | | of this Code or an alternative learning opportunities program | 19 | | under Article 13B of this Code before being admitted into the | 20 | | school
district if there is no threat to the safety of students | 21 | | or staff in the alternative program. A school district that | 22 | | adopts a policy under this subsection (g) must include a | 23 | | provision allowing for consideration of any mitigating | 24 | | factors, including, but not limited to, a student's status as | 25 | | a parent, expectant parent, or victim of domestic or sexual | 26 | | violence, as defined in Article 26A , victim of bullying, |
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| 1 | | experiencing the death of a family member, or other factors .
| 2 | | (h) School officials shall not advise or encourage | 3 | | students to drop out voluntarily due to behavioral or academic | 4 | | difficulties. | 5 | | (i) A student may not be issued a monetary fine or fee as a | 6 | | disciplinary consequence, though this shall not preclude | 7 | | requiring a student to provide restitution for lost, stolen, | 8 | | or damaged property. | 9 | | (j) Subsections (a) through (i) of this Section shall | 10 | | apply to elementary and secondary schools, charter schools, | 11 | | special charter districts, and school districts organized | 12 | | under Article 34 of this Code. | 13 | | (k) The expulsion of children enrolled in programs funded | 14 | | under Section 1C-2 of this Code is subject to the requirements | 15 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 16 | | this Code. | 17 | | (l) Beginning with the 2018-2019 school year, an in-school | 18 | | suspension program provided by a school district for any | 19 | | students in kindergarten through grade 12 may focus on | 20 | | promoting non-violent conflict resolution and positive | 21 | | interaction with other students and school personnel. A school | 22 | | district may employ a school social worker or a licensed | 23 | | mental health professional to oversee an in-school suspension | 24 | | program in kindergarten through grade 12. | 25 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | 26 | | 102-539, eff. 8-20-21; revised 9-23-21.)
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| 1 | | (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
| 2 | | (Text of Section before amendment by P.A. 102-466 )
| 3 | | Sec. 10-22.6a.
To provide by home instruction, | 4 | | correspondence courses or
otherwise courses of instruction for | 5 | | pupils who are unable to attend school
because of pregnancy. | 6 | | Such instruction shall be provided to the pupil
(1) before the | 7 | | birth of the child when the pupil's physician, physician | 8 | | assistant, or advanced practice nurse has
indicated to the | 9 | | district, in writing, that the pupil is medically unable
to | 10 | | attend regular classroom instruction and (2) for up to 3 | 11 | | months
following the birth of the child or a miscarriage.
The | 12 | | instruction course shall be designed to offer educational | 13 | | experiences
that are equivalent to those given to pupils at | 14 | | the same grade level in
the district and that are designed to | 15 | | enable the pupil to return to the classroom.
| 16 | | (Source: P.A. 100-443, eff. 8-25-17.)
| 17 | | (Text of Section after amendment by P.A. 102-466 )
| 18 | | Sec. 10-22.6a. Home instruction; correspondence courses. | 19 | | (a) To provide by home instruction, correspondence courses | 20 | | or
otherwise courses of instruction for a pupil who is unable | 21 | | to attend school
because of pregnancy or pregnancy-related | 22 | | conditions, the fulfillment of parenting obligations related | 23 | | to the health of the child, or health and safety concerns | 24 | | arising from domestic or sexual violence, as defined in |
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| 1 | | Article 26A. Such instruction shall be provided to the pupil | 2 | | at each of the following times:
| 3 | | (1) Before the birth of the child when the pupil's | 4 | | physician, physician assistant, or advanced practice | 5 | | registered nurse has
indicated to the district, in | 6 | | writing, that the pupil is medically unable
to attend | 7 | | regular classroom instruction. | 8 | | (2) For up to 3 months
following the birth of the child | 9 | | or a miscarriage. | 10 | | (3) When the pupil must care for his or her ill child | 11 | | if (i) the child's physician, physician assistant, or | 12 | | advanced practice registered nurse has indicated to the | 13 | | district, in writing, that the child has a serious health | 14 | | condition that would require the pupil to be absent from | 15 | | school for 2 or more consecutive weeks and (ii) the pupil | 16 | | or the pupil's parent or guardian indicates to the | 17 | | district, in writing, that the pupil is needed to provide | 18 | | care to the child during this period. In this paragraph | 19 | | (3), "serious health condition" means an illness, injury, | 20 | | impairment, or physical or mental health condition that | 21 | | involves inpatient care in a hospital, hospice, or | 22 | | residential medical care facility or continuing treatment | 23 | | by a health care provider that is not controlled by | 24 | | medication alone. | 25 | | (4) The pupil must treat physical or mental health | 26 | | complications or address safety concerns arising from |
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| 1 | | domestic or sexual violence when a healthcare provider or | 2 | | a qualified an employee of the pupil's domestic or sexual | 3 | | violence organization, as defined in Article 26A has | 4 | | indicated to the district, in writing, that the care is | 5 | | needed by the pupil and will cause the pupil's absence | 6 | | from school for 2 or more consecutive weeks. For purposes | 7 | | of this paragraph (4), a qualified employee includes an | 8 | | advocate, counselor, therapist, supervisor, or executive | 9 | | director working at a rape crisis organization, as defined | 10 | | in Section 8-802.1 of the Code of Civil Procedure, a | 11 | | domestic violence program, as defined in Section 227 of | 12 | | the Illinois Domestic Violence Act of 1986, or an | 13 | | accredited children's advocacy center. | 14 | | A school district may reassess home instruction provided to a | 15 | | pupil under paragraph (3) or (4) every 2 months to determine | 16 | | the pupil's continuing need for instruction under this | 17 | | Section.
| 18 | | The instruction course shall be designed to offer | 19 | | educational experiences
that are equivalent to those given to | 20 | | pupils at the same grade level in
the district and that are | 21 | | designed to enable the pupil to return to the classroom.
| 22 | | (b) Notwithstanding any other provision of this Code or | 23 | | State law to the contrary, if a pupil is unable to attend | 24 | | regular classes because of the reasons set forth in subsection | 25 | | (a) and has participated in instruction under this Section | 26 | | that is administered by the school or the school district, |
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| 1 | | then the pupil may not be penalized for grading purposes or be | 2 | | denied course completion, a return to regular classroom | 3 | | instruction, grade level advancement, or graduation solely on | 4 | | the basis of the pupil's participation in instruction under | 5 | | this Section or the pupil's absence from the regular education | 6 | | program during the period of instruction under this Section. A | 7 | | school or school district may not use instruction under this | 8 | | Section to replace making support services available so that | 9 | | pupils who are parents, expectant parents, or victims of | 10 | | domestic or sexual violence may receive regular classroom | 11 | | instruction. | 12 | | (Source: P.A. 102-466, eff. 7-1-25.)
| 13 | | (105 ILCS 5/26A-15) | 14 | | (This Section may contain text from a Public Act with a | 15 | | delayed effective date ) | 16 | | (Section scheduled to be repealed on December 31, 2025) | 17 | | Sec. 26A-15. Ensuring Success in School Task Force. | 18 | | (a) The Ensuring Success in School Task Force is created | 19 | | to draft and publish model policies and intergovernmental | 20 | | agreements for inter-district transfers; draft and publish | 21 | | model complaint resolution procedures as required in | 22 | | subsection (c) of Section 26A-25; identify current mandatory | 23 | | educator and staff training and additional new trainings | 24 | | needed to meet the requirements as required in Section 26A-25 | 25 | | and Section 26A-35. These recommended policies and agreements |
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| 1 | | shall be survivor-centered and rooted in trauma-informed | 2 | | responses and used to support all students, from | 3 | | pre-kindergarten through grade 12, who are survivors of | 4 | | domestic or sexual violence, regardless of whether the | 5 | | perpetrator is school-related or not, or who are parenting or | 6 | | pregnant, regardless of whether the school is a public school, | 7 | | nonpublic school, or charter school. | 8 | | (b) The Task Force shall be representative of the | 9 | | geographic, racial, ethnic, sexual orientation, gender | 10 | | identity, and cultural diversity of this State. The Task Force | 11 | | shall consist of all of the following members, who must be | 12 | | appointed no later than 60 days after the effective date of | 13 | | this amendatory Act of the 102nd General Assembly: | 14 | | (1) One Representative appointed by the Speaker of the | 15 | | House of Representatives. | 16 | | (2) One Representative appointed by the Minority | 17 | | Leader of the House of Representatives. | 18 | | (3) One Senator appointed by the President of the | 19 | | Senate. | 20 | | (4) One Senator appointed by the Minority Leader of | 21 | | the Senate. | 22 | | (5) One member who represents a State-based | 23 | | organization that advocates for lesbian, gay, bisexual, | 24 | | transgender, and queer people appointed by the State | 25 | | Superintendent of Education. | 26 | | (6) One member who represents a State-based, |
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| 1 | | nonprofit, nongovernmental organization that advocates for | 2 | | survivors of domestic violence appointed by the State | 3 | | Superintendent of Education. | 4 | | (7) One member who represents a statewide, nonprofit, | 5 | | nongovernmental organization that advocates for survivors | 6 | | of sexual violence appointed by the State Superintendent | 7 | | of Education. | 8 | | (8) One member who represents a statewide, nonprofit, | 9 | | nongovernmental organization that offers free legal | 10 | | services, including victim's rights representation, to | 11 | | survivors of domestic violence or sexual violence | 12 | | appointed by the State Superintendent of Education. | 13 | | (9) One member who represents an organization that | 14 | | advocates for pregnant or parenting youth appointed by the | 15 | | State Superintendent of Education. | 16 | | (10) One member who represents a youth-led | 17 | | organization with expertise in domestic and sexual | 18 | | violence appointed by the State Superintendent of | 19 | | Education. | 20 | | (11) One member who represents the Children's Advocacy | 21 | | Centers of Illinois appointed by the State Superintendent | 22 | | of Education. | 23 | | (12) One representative of the State Board of | 24 | | Education appointed by the State Superintendent of | 25 | | Education. | 26 | | (13) One member who represents a statewide |
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| 1 | | organization of social workers appointed by the State | 2 | | Superintendent of Education. | 3 | | (14) One member who represents a statewide | 4 | | organization for school psychologists appointed by the | 5 | | State Superintendent of Education. | 6 | | (15) One member who represents a statewide | 7 | | organization of school counselors appointed by the State | 8 | | Superintendent of Education. | 9 | | (16) One member who represents a statewide | 10 | | professional teachers' organization appointed by the State | 11 | | Superintendent of Education. | 12 | | (17) One member who represents a different statewide | 13 | | professional teachers' organization appointed by the State | 14 | | Superintendent of Education. | 15 | | (18) One member who represents a statewide | 16 | | organization for school boards appointed by the State | 17 | | Superintendent of Education. | 18 | | (19) One member who represents a statewide | 19 | | organization for school principals appointed by the State | 20 | | Superintendent of Education. | 21 | | (20) One member who represents a school district | 22 | | organized under Article 34 appointed by the State | 23 | | Superintendent of Education. | 24 | | (21) One member who represents an association | 25 | | representing rural school superintendents appointed by the | 26 | | State Superintendent of Education. |
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| 1 | | (c) The Task Force shall first meet at the call of the | 2 | | State Superintendent of Education, and each subsequent meeting | 3 | | shall be called by the chairperson, who shall be designated by | 4 | | the State Superintendent of Education. The State Board of | 5 | | Education shall provide administrative and other support to | 6 | | the Task Force. Members of the Task Force shall serve without | 7 | | compensation. | 8 | | (d) On or before January 1, 2024 June 30, 2024 , the Task | 9 | | Force shall report its work, including model policies, | 10 | | guidance recommendations, and agreements, to the Governor and | 11 | | the General Assembly. The report must include all of the | 12 | | following: | 13 | | (1) Recommendations for language to include in school | 14 | | and district policies and procedures Model school and | 15 | | district policies to facilitate inter-district transfers | 16 | | for student survivors of domestic or sexual violence, | 17 | | expectant parents, and parents. The recommended language | 18 | | These policies shall place high value on being accessible | 19 | | and expeditious for student survivors and pregnant and | 20 | | parenting students. | 21 | | (2) Recommendations for language to include in school | 22 | | and district policies and procedures Model school and | 23 | | district policies to ensure confidentiality and privacy | 24 | | considerations for student survivors of domestic or sexual | 25 | | violence, expectant parents, and parents. The recommended | 26 | | language These policies must include guidance regarding |
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| 1 | | appropriate referrals for nonschool-based services. | 2 | | (3) Recommendations for language to include in Model | 3 | | school and district complaint resolution procedures as | 4 | | prescribed by Section 26A-25. | 5 | | (4) Guidance for schools and districts regarding which | 6 | | mandatory training that is currently required for educator | 7 | | licenses or under State or federal law would be suitable | 8 | | to fulfill training requirements for resource personnel as | 9 | | prescribed by Section 26A-35 and for the staff tasked with | 10 | | implementing the complaint resolution procedure as | 11 | | prescribed by Section 26A-25. The guidance shall evaluate | 12 | | all relevant mandatory or recommended training, including, | 13 | | but not limited to, the training required under subsection | 14 | | (j) of Section 4 of the Abused and Neglected Child | 15 | | Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and | 16 | | 27-23.7 of this Code, and subsections (d) and (f) of | 17 | | Section 10-22.39 of this Code , and Section 3.10 of the | 18 | | Critical Health Problems and Comprehensive Health | 19 | | Education Act . The guidance must also identify what gaps | 20 | | in training exist, including, but not limited to, training | 21 | | on trauma-informed responses and racial and gender equity, | 22 | | and make recommendations for the consolidation of | 23 | | duplicative training programs and for future training | 24 | | programs that should be required or recommended for the | 25 | | positions as prescribed by Sections 26A-25 and 26A-35. | 26 | | (e) The Task Force is dissolved upon submission of its |
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| 1 | | report under subsection (d). | 2 | | (f) This Section is repealed on December 1, 2024 December | 3 | | 1, 2025 .
| 4 | | (Source: P.A. 102-466, eff. 7-1-25.) | 5 | | (105 ILCS 5/26A-20) | 6 | | (This Section may contain text from a Public Act with a | 7 | | delayed effective date ) | 8 | | Sec. 26A-20. Review and revision of policies and | 9 | | procedures. | 10 | | (a) No later than July 1, 2024 and every 2 years | 11 | | thereafter, each school district must review all existing | 12 | | policies and procedures and must revise any existing policies | 13 | | and procedures that may act as a barrier to the immediate | 14 | | enrollment and re-enrollment, attendance, graduation, and | 15 | | success in school of any student who is a student parent, | 16 | | expectant student parent, or victim of domestic or sexual | 17 | | violence or any policies or procedures that may compromise a | 18 | | criminal investigation relating to domestic or sexual violence | 19 | | or may re-victimize students. A school district must adopt new | 20 | | policies and procedures, as needed, to implement this Section | 21 | | and to ensure that immediate and effective steps are taken to | 22 | | respond to students who are student parents, expectant | 23 | | parents, or victims of domestic or sexual violence. | 24 | | (b) A school district's policy must be consistent with the | 25 | | recommendations of model policy and procedures adopted by the |
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| 1 | | State Board of Education and under Public Act 101-531. | 2 | | (c) A school district's policy shall specify where a | 3 | | student or parent may obtain or access, both in an electronic | 4 | | format or in a hard-copy format, on the district's procedures | 5 | | that a student or his or her parent or guardian may follow if | 6 | | he or she chooses to report an incident of alleged domestic or | 7 | | sexual violence . The procedures, which shall be readily | 8 | | accessible to students and parents on the district's website | 9 | | and in a hard-copy format upon the request of any individual, | 10 | | must, at a minimum, include all of the following information : | 11 | | (1) The name and contact information for domestic or | 12 | | sexual violence and parenting resource personnel, the | 13 | | Title IX coordinator, school and school district resource | 14 | | officers or security personnel , and a community-based | 15 | | domestic or sexual violence organization. | 16 | | (2) The name, title, and contact information for | 17 | | confidential resources within the school and school | 18 | | district and a description of what confidential reporting | 19 | | means. | 20 | | (3) An option for the student or the student's parent | 21 | | or guardian to electronically, anonymously, and | 22 | | confidentially report the incident. | 23 | | (4) An option for reports by third parties and | 24 | | bystanders. | 25 | | (5) Information regarding the various individuals or , | 26 | | departments within the school and school district , or |
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| 1 | | organizations to whom a student may report an incident of | 2 | | domestic or sexual violence, specifying for each | 3 | | individual or department entity (i) the extent of the | 4 | | individual's or department's entity's reporting obligation | 5 | | to the school's or school district's administration, Title | 6 | | IX coordinator, or other personnel or department entity , | 7 | | (ii) the individual's or department's entity's ability to | 8 | | protect the student's privacy, and (iii) the extent of the | 9 | | individual's or entity's ability to have confidential | 10 | | communications with the student or his or her parent or | 11 | | guardian. The procedures must contain a statement that | 12 | | students and parents are advised to inquire directly with | 13 | | any outside domestic or sexual violence organization as to | 14 | | the organization's reporting obligations and ability to | 15 | | keep information confidential. | 16 | | (6) The adoption of a complaint resolution procedure | 17 | | as provided in Section 26A-25. | 18 | | (d) A school district must post its revised policies and | 19 | | procedures on its website, distribute them at the beginning of | 20 | | each school year to each student, and upon request, make | 21 | | copies available to each student and his or her parent or | 22 | | guardian for inspection and copying at no cost to the student | 23 | | or parent or guardian at each school within a school district.
| 24 | | (Source: P.A. 102-466, eff. 7-1-25.) | 25 | | (105 ILCS 5/26A-25) |
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| 1 | | (This Section may contain text from a Public Act with a | 2 | | delayed effective date ) | 3 | | Sec. 26A-25. Complaint resolution procedure. | 4 | | (a) On or before July 1, 2024, each school district must | 5 | | adopt one procedure to resolve complaints of violations of | 6 | | this amendatory Act of the 102nd General Assembly. The | 7 | | respondent must be one or more of the following: the school, | 8 | | school district, or school personnel. These procedures shall | 9 | | comply with the confidentiality provisions of Sections 26A-20 | 10 | | and 26A-30. The procedures must include, at minimum, all of | 11 | | the following: | 12 | | (1) The opportunity to consider the most appropriate | 13 | | means to execute the procedure considering school safety, | 14 | | the developmental level of students, methods to reduce | 15 | | trauma during the procedure, and how to avoid multiple | 16 | | communications with students involved with an alleged | 17 | | incident of domestic or sexual violence. | 18 | | (2) Any proceeding, meeting, or hearing held to | 19 | | resolve complaints of any violation of this amendatory Act | 20 | | of the 102nd General Assembly must protect the privacy of | 21 | | the participating parties and witnesses. A school, school | 22 | | district, or school personnel may not disclose the | 23 | | identity of parties or witnesses, except as necessary to | 24 | | resolve the complaint or to implement interim protective | 25 | | measures and reasonable support services or when required | 26 | | by State or federal law. |
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| 1 | | (3) Complainants alleging violations of this | 2 | | amendatory Act of the 102nd General Assembly must have the | 3 | | opportunity to request that the complaint resolution | 4 | | procedure begin promptly and proceed in a timely manner. | 5 | | (b) A school district must determine the individuals who | 6 | | will resolve complaints of violations of this amendatory Act | 7 | | of the 102nd General Assembly. | 8 | | (1) All individuals whose duties include resolution of | 9 | | complaints of violations of this amendatory Act of the | 10 | | 102nd General Assembly must complete a minimum of 8 hours | 11 | | of training on issues related to domestic and sexual | 12 | | violence which may include the in-service training | 13 | | required under subsection (d) of 10-22.39, Sections 3-11, | 14 | | 10-23.12, 10-23.13, and 27-23.7 of this Code, Section 3.10 | 15 | | of the Critical Health Problems and Comprehensive Health | 16 | | Education Act, and Section 4 of the Abused and Neglected | 17 | | Child Reporting Act and additional training on how to | 18 | | conduct the school's complaint resolution procedure , which | 19 | | may include the in-service training required under | 20 | | subsection (d) of Section 10-22.39, before commencement of | 21 | | those duties, and must receive a minimum of 6 hours of such | 22 | | training annually thereafter. Training related to domestic | 23 | | and sexual violence, child sexual abuse, the Abused and | 24 | | Neglected Child Reporting Act, and conducting the school's | 25 | | complaint resolution procedures This training must be | 26 | | conducted by an individual or individuals with expertise |
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| 1 | | in domestic or sexual violence in youth and expertise in | 2 | | developmentally appropriate communications with | 3 | | elementary and secondary school students regarding topics | 4 | | of a sexual, violent, or sensitive nature. | 5 | | (2) Each school must have a sufficient number of | 6 | | individuals trained to resolve complaints so that (i) a | 7 | | substitution can occur in the case of a conflict of | 8 | | interest or recusal, (ii) an individual with no prior | 9 | | involvement in the initial determination or finding may | 10 | | hear any appeal brought by a party, and (iii) the | 11 | | complaint resolution procedure proceeds in a timely | 12 | | manner. | 13 | | (3) The complainant and any witnesses shall (i) | 14 | | receive notice of the name of the individual with | 15 | | authority to make a finding or approve an accommodation in | 16 | | the proceeding before the individual may initiate contact | 17 | | with the complainant and any witnesses and (ii) have the | 18 | | opportunity to request a substitution if the participation | 19 | | of an individual with authority to make a finding or | 20 | | approve an accommodation poses a conflict of interest. | 21 | | (c) When the alleged violation of this amendatory Act of | 22 | | the 102nd General Assembly involves making a determination or | 23 | | finding of responsibility of causing harm: | 24 | | (1) The individual making the finding must use a | 25 | | preponderance of evidence standard to determine whether | 26 | | the incident occurred. |
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| 1 | | (2) The complainant and respondent and any witnesses | 2 | | may not directly or through a representative question one | 3 | | another. At the discretion of the individual resolving the | 4 | | complaint, the complainant and the respondent may suggest | 5 | | questions to be posed by the individual resolving the | 6 | | complaint and if the individual resolving the complaint | 7 | | decides to pose such questions. | 8 | | (3) A live hearing is not required. If the complaint | 9 | | resolution procedure includes a hearing, no student who is | 10 | | a witness, including the complainant, may be compelled to | 11 | | testify in the presence of a party or other witness. If a | 12 | | witness invokes this right to testify outside the presence | 13 | | of the other party or other witnesses, then the school | 14 | | district must provide an option by which each party may, | 15 | | at a minimum, hear such witnesses' testimony. | 16 | | (d) Each party and witness may request and must be allowed | 17 | | to have a representative or support persons of their choice | 18 | | accompany them to any meeting or proceeding related to the | 19 | | alleged violence or violation of this amendatory Act of the | 20 | | 102nd General Assembly if the involvement of the | 21 | | representative or support persons does not result in undue | 22 | | delay of the meeting or proceeding. This representative or | 23 | | support persons must comply with any rules of the school | 24 | | district's complaint resolution procedure. If the | 25 | | representative or support persons violate the rules or engage | 26 | | in behavior or advocacy that harasses, abuses, or intimidates |
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| 1 | | either part, a witness, or an individual resolving the | 2 | | complaint, the representative or support person may be | 3 | | prohibited from further participation in the meeting or | 4 | | proceeding. | 5 | | (e) The complainant, regardless of the level of | 6 | | involvement in the complaint resolution procedure, and the | 7 | | respondent must have the opportunity to provide or present | 8 | | evidence and witnesses on their behalf during the complaint | 9 | | resolution procedure. | 10 | | (f) The complainant and respondent and any named | 11 | | perpetrator directly impacted by the results of the complaint | 12 | | resolution procedure, are entitled to simultaneous written | 13 | | notification of the results of the complaint resolution | 14 | | procedure, including information regarding appeals rights and | 15 | | procedures, within 10 business days after a decision or sooner | 16 | | if required by State or federal law or district policy. | 17 | | (1) The complainant, respondents, and named | 18 | | perpetrator if directly impacted by the results of the | 19 | | complaint resolution procedure must, at a minimum, have | 20 | | the right to timely appeal the complaint resolution | 21 | | procedure's findings or remedies if a party alleges (i) a | 22 | | procedural error occurred, (ii) new information exists | 23 | | that would substantially change the outcome of the | 24 | | proceeding, (iii) the remedy is not sufficiently related | 25 | | to the finding, or (iv) the decision is against the weight | 26 | | of the evidence. |
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| 1 | | (2) An individual reviewing the findings or remedies | 2 | | may not have previously participated in the complaint | 3 | | resolution procedure and may not have a conflict of | 4 | | interest with either party. | 5 | | (3) The complainant and respondent and any | 6 | | perpetrators directly impacted by the results of the | 7 | | complaint resolution procedure must receive the appeal | 8 | | decision, in writing, within 10 business days, but never | 9 | | more than 15 business days, after the conclusion of the | 10 | | review of findings or remedies or sooner if required by | 11 | | State or federal law. | 12 | | (g) Each school district must have a procedure to | 13 | | determine interim protective measures and support services | 14 | | available pending the resolution of the complaint including | 15 | | the implementation of court orders.
| 16 | | (Source: P.A. 102-466, eff. 7-1-25.) | 17 | | (105 ILCS 5/26A-30) | 18 | | (This Section may contain text from a Public Act with a | 19 | | delayed effective date ) | 20 | | Sec. 26A-30. Confidentiality. | 21 | | (a) Each school district must adopt and ensure that it has | 22 | | and implements a policy , which may be combined with and | 23 | | incorporated into the policy required under Section 26A-20 or | 24 | | other relevant existing policy,
to ensure that all information | 25 | | concerning a
student's status and related experiences as a |
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| 1 | | parent, expectant parent, or victim of domestic or sexual | 2 | | violence, or a student who is a named perpetrator of domestic | 3 | | or sexual violence, provided to or otherwise obtained by an | 4 | | employee or agent of the school district or its employees or | 5 | | agents pursuant to this Code or otherwise, including a | 6 | | statement of the student or any other documentation, record, | 7 | | or corroborating evidence that the student has requested or | 8 | | obtained assistance, support, or services pursuant to this | 9 | | Code, shall be retained in the strictest of confidence by the | 10 | | employees or agents of the school district or its employees or | 11 | | agents and may not be disclosed to any other individual | 12 | | outside of the district, including any other employee, except | 13 | | if such disclosure is (i) permitted or required pursuant to | 14 | | the Abused and Neglected Child Reporting Act, current Title IX | 15 | | regulations prescribed by the U.S. Department of Education, by | 16 | | the Illinois School Student Records Act, the federal Family | 17 | | Educational Rights and Privacy Act of 1974, or other | 18 | | applicable State or federal laws, or any professional code of | 19 | | ethics, policies, or standards that govern personnel who hold | 20 | | a professional educator license issued by the State Board of | 21 | | Education or other contractual professional staff working with | 22 | | students, (ii) requested or consented to, in writing, by the | 23 | | student or the student's parent or guardian if it is safe to | 24 | | obtain written consent from the student's parent or guardian , | 25 | | or (iii) deemed necessary to address imminent risk of serious | 26 | | physical injury or death of a student or other persons, |
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| 1 | | including to the victim. Nothing in this Section shall | 2 | | prohibit any employee of the school district or contractual | 3 | | professional staff working with students who has received | 4 | | confidential information from seeking guidance and support | 5 | | from an appropriate administrator or the resource personnel as | 6 | | required in Section 26A-35 regarding a confidential | 7 | | disclosure, provided that no personally identifiable | 8 | | information about the student is disclosed. Nothing in this | 9 | | Section shall prohibit any employee of the school district or | 10 | | contractual professional staff working with students who has | 11 | | received confidential information about a student's status | 12 | | from disclosing information to the student's parent or | 13 | | guardian about any imminent risk of serious physical injury or | 14 | | death to the student or another person. If disclosing such | 15 | | risk does not require disclosing confidential information | 16 | | about a student's status, then the student's status must be | 17 | | shared . | 18 | | Employees or agents of the school district must inform all | 19 | | minors 12 years of age or older of the availability of | 20 | | counseling without parental or guardian consent under Section | 21 | | 3-550 of the Mental Health and Developmental Disabilities | 22 | | Code. | 23 | | (b) Prior to disclosing information about a student's | 24 | | status as a parent, expectant parent, or victim of domestic or | 25 | | sexual violence as permitted or required under subsection (a) , | 26 | | a school must notify the student and, unless the student is at |
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| 1 | | least 18 years of age or emancipated, the student's parent or | 2 | | guardian if it is determined to be safe to do so and discuss | 3 | | and address any safety concerns related to the disclosure, | 4 | | including instances in which the student indicates or the
| 5 | | school or school district or its employees or agents are | 6 | | otherwise aware that the student's health or safety may be at | 7 | | risk if his or her status is disclosed to the student's parent | 8 | | or guardian , except as otherwise permitted by applicable State | 9 | | or federal law, including the Abused and Neglected Child | 10 | | Reporting Act, the Illinois School Student Records Act, the | 11 | | federal Family Educational Rights and Privacy Act of 1974, and | 12 | | professional ethics policies that govern professional school | 13 | | personnel . Notwithstanding any other provision of this | 14 | | subsection, prior notification of the disclosure and the | 15 | | required discussion regarding safety shall not be required to | 16 | | the extent an employee or agent of the school district deems it | 17 | | necessary to address an imminent risk of serious physical | 18 | | injury or death of a student or another person, including to | 19 | | the victim. If prior notification is not able to be given, such | 20 | | notification shall be provided and safety concerns shall be | 21 | | discussed with the student as soon as practicable and without | 22 | | delay following the disclosure. | 23 | | (c) No student may be required to testify publicly | 24 | | concerning his or her status as a victim of domestic or sexual | 25 | | violence, allegations of domestic or sexual violence, his or | 26 | | her status as a parent or expectant parent, or the student's |
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| 1 | | efforts to enforce any of his or her rights under provisions of | 2 | | this Code relating to students who are parents, expectant
| 3 | | parents, or victims of domestic or sexual violence. | 4 | | (d) In the case of domestic or sexual violence, except (i) | 5 | | as permitted or required under State or federal law, including | 6 | | the Abused and Neglected Child Reporting Act, current Title IX | 7 | | regulations prescribed by the U.S. Department of Education, | 8 | | the Illinois School Student Records Act, the federal Family | 9 | | Educational Rights and Privacy Act of 1974, and professional | 10 | | ethics, codes, policies or standards that govern personnel | 11 | | holding a professional educator license issued by the State | 12 | | Board of Education or other contractual professional staff | 13 | | working with students or (ii) to the extent that an employee or | 14 | | agent of the school district deems it necessary to address | 15 | | imminent risk of serious physical injury or death of a student | 16 | | or another person that a school official determines that the | 17 | | school official has an obligation to do so based on safety | 18 | | concerns or threats to the community , including the victim, a | 19 | | school district must not contact the person named to be the | 20 | | perpetrator, the perpetrator's family, or any other person | 21 | | named by the student or named by the student's parent or | 22 | | guardian to be unsafe to contact to verify the violence. If a A | 23 | | school district contacts must not contact the perpetrator, the | 24 | | perpetrator's family, or any
other person named by the student | 25 | | or the student's parent or guardian to be unsafe for any other | 26 | | reason , as permitted or required under this Section, the |
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| 1 | | school district shall provide without providing prior written | 2 | | notice to the student in a written and developmentally | 3 | | appropriate manner if the minor is 12 years of age or older. | 4 | | For minors under the age of 12 years, the school district shall | 5 | | provide prior written notice to the student in a | 6 | | developmentally appropriate manner, and if it is determined to | 7 | | be safe to do so, the student's parent or guardian. | 8 | | Notwithstanding any other provision of this subsection to | 9 | | the contrary, prior written notice shall not be required to | 10 | | the extent that an employee or agent of the school district | 11 | | deems it necessary to address an imminent risk of serious | 12 | | physical injury or death of the student or another person, | 13 | | including to the victim. If prior written notification is not | 14 | | given, such notification shall be provided as soon as | 15 | | practicable and without delay following the disclosure to the | 16 | | student, and, unless the student is over the age of 18 years, | 17 | | emancipated, or if it is determined to be safe, to the parent | 18 | | or guardian. | 19 | | Nothing in this Section prohibits the school , or school | 20 | | district , or its employees or agents from taking other steps | 21 | | to investigate the violence or from contacting persons not | 22 | | named by the student or the student's parent or guardian as | 23 | | unsafe to contact. Nothing in this Section prohibits the | 24 | | school , or school district , or its employees or agents from | 25 | | taking reasonable steps to protect students , including the | 26 | | victim . If the reasonable steps taken to protect students , |
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| 1 | | including the victim, involve conduct that is prohibited under | 2 | | this subsection, the school must provide notice of the actions | 3 | | that were taken explaining why the actions were necessary to | 4 | | the reporting student in a written and developmentally | 5 | | appropriate manner if the minor is 12 years of age or older , | 6 | | in writing and in a developmentally appropriate communication | 7 | | format, of its intent to contact the parties named to be | 8 | | unsafe . For minors under the age of 12 years, the school | 9 | | district shall provide written notice to the student in a | 10 | | developmentally appropriate manner, and if it is determined to | 11 | | be safe to do so, to the student's parent or guardian.
| 12 | | (Source: P.A. 102-466, eff. 7-1-25.) | 13 | | (105 ILCS 5/26A-40) | 14 | | (This Section may contain text from a Public Act with a | 15 | | delayed effective date ) | 16 | | Sec. 26A-40. Support and services. | 17 | | (a) To facilitate the full participation of students who | 18 | | are parents, expectant parents, or victims of domestic or | 19 | | sexual violence, each school district must offer provide those | 20 | | students with in-school support services and information | 21 | | regarding nonschool-based support services, and the ability to | 22 | | make up work missed on account of circumstances related to the | 23 | | student's status as a parent, expectant parent, or victim of | 24 | | domestic or sexual violence. Victims of domestic or sexual | 25 | | violence must have access to those supports and services |
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| 1 | | regardless of when or where the violence for which they are | 2 | | seeking supports and services occurred. All supports and | 3 | | services must be offered for as long as necessary to maintain | 4 | | the mental and physical well-being and safety of the student. | 5 | | Schools may periodically check on students receiving supports | 6 | | and services to determine whether each support and service | 7 | | continues to be necessary to maintain the mental and physical | 8 | | well-being and safety of the student or whether termination is | 9 | | appropriate. Any services offered under this Article to a | 10 | | student with a disability must not conflict with the student's | 11 | | individualized education plan or a Section 504 plan under the | 12 | | federal Rehabilitation Act of 1973 and the requirements of | 13 | | applicable State or federal law. | 14 | | (b) Support available Supports provided under subsection | 15 | | (a) shall
include, but are not limited to (i) the provision of
| 16 | | sufficiently private settings to ensure confidentiality and
| 17 | | time off from class for meetings with counselors or other
| 18 | | service providers, (ii) assisting the student with a student
| 19 | | success plan, (iii) transferring a victim of domestic or
| 20 | | sexual violence or the student perpetrator to a different
| 21 | | classroom or school, if available, (iv) changing a seating | 22 | | assignment, (v)
implementing in-school, school grounds, and | 23 | | bus safety
procedures, (vi) honoring court orders, including | 24 | | orders of
protection and no-contact orders to the fullest | 25 | | extent
possible, and (vii) providing any other supports that | 26 | | may
facilitate the full participation in the regular education
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| 1 | | program of students who are parents, expectant parents, or
| 2 | | victims of domestic or sexual violence. | 3 | | (c) If a student who is a parent, expectant parent, or
| 4 | | victim of domestic or sexual violence is a student at risk of
| 5 | | academic failure or displays poor academic performance, the
| 6 | | student or the student's parent or guardian may request that
| 7 | | the school district provide the student with or refer the
| 8 | | student to education and support services designed to assist
| 9 | | the student in meeting State learning standards. A school
| 10 | | district may either provide education or support services
| 11 | | directly or may collaborate with public or private State,
| 12 | | local, or community-based organizations or agencies that
| 13 | | provide these services. A school district must also inform
| 14 | | those students about support services of
nonschool-based | 15 | | organizations and agencies from which those
students typically | 16 | | receive services in the community. | 17 | | (d) Any student who is unable, because of circumstances
| 18 | | related to the student's status as a parent, expectant parent,
| 19 | | or victim of domestic or sexual violence, to participate in
| 20 | | classes on a particular day or days or at the particular time
| 21 | | of day must be excused in accordance with the procedures set | 22 | | forth in this Code.
Upon student or parent or guardian's | 23 | | request, the
teachers and of the school administrative | 24 | | personnel and
officials shall make available to each student | 25 | | who is unable to
participate because of circumstances related | 26 | | to the student's
status as a parent, expectant parent, or |
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| 1 | | victim of domestic or
sexual violence a meaningful opportunity | 2 | | to make up any
examination, study, or work requirement that | 3 | | the student has
missed because of the inability to participate | 4 | | on any
particular day or days or at any particular time of day. | 5 | | For a
student receiving homebound instruction, it is the
| 6 | | responsibility of the student and parent to work with the
| 7 | | school or school district to meet academic standards for
| 8 | | matriculation, as defined by school district policy. Costs
| 9 | | assessed by the school district on the student for
| 10 | | participation in those activities shall be considered waivable
| 11 | | fees for any student whose parent or guardian is unable to
| 12 | | afford them, consistent with Section 10-20.13. Each school
| 13 | | district must adopt written policies for waiver
of those fees | 14 | | in accordance with rules adopted by the State
Board of | 15 | | Education. | 16 | | (e) If a school or school district employee or agent
| 17 | | becomes aware of or suspects a student's status as a parent,
| 18 | | expectant parent, or victim of domestic or sexual violence, it
| 19 | | is the responsibility of the employee or agent of the school or
| 20 | | school district to
refer the student to the school district's | 21 | | domestic
or sexual violence and parenting resource personnel | 22 | | set forth
in Section 26A-35 as soon as the domestic or sexual | 23 | | violence and parenting resource personnel is designated or | 24 | | appointed or by June 30, 2024, whichever is sooner . A school | 25 | | district must make respecting a
student's privacy, | 26 | | confidentiality, mental and physical
health, and safety a |
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| 1 | | paramount concern. | 2 | | (f) Each school must honor a student's and a parent's or
| 3 | | guardian's decision to obtain education and support services
| 4 | | and nonschool-based support services, to
terminate the receipt | 5 | | of those education and support services,
or nonschool-based | 6 | | support services, or to
decline participation in those | 7 | | education and support services,
or nonschool-based support | 8 | | services. No
student is obligated to use education and support | 9 | | services,
or nonschool-based support services. In
developing | 10 | | educational support services, the
privacy, mental and physical | 11 | | health, and safety of the student
shall be of paramount | 12 | | concern. No adverse or prejudicial
effects may result to any | 13 | | student because of the student's
availing of or declining the | 14 | | provisions of this Section as
long as the student is working | 15 | | with the school to meet academic
standards for matriculation | 16 | | as defined by school district
policy. | 17 | | (g) Any support services
must be available in any school | 18 | | or by home
or hospital instruction to the highest quality and | 19 | | fullest
extent possible for the individual setting. | 20 | | (h) School-based counseling
services, if available, must | 21 | | be offered to students
who are parents, expectant parents, or | 22 | | victims of domestic or
sexual violence consistent with the | 23 | | Mental Health and
Developmental Disabilities Code. At least | 24 | | once every school
year, each school district must inform, in | 25 | | writing, all school
personnel and all students 12 years of age | 26 | | or older of the
availability of counseling without parental or |
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| 1 | | guardian
consent under Section 3-5A-105 (to be renumbered as | 2 | | Section
3-550 in a revisory bill as of the effective date of | 3 | | this
amendatory Act of the 102nd General Assembly) of the | 4 | | Mental
Health and Developmental Disabilities Code. This | 5 | | information
must also be provided to students immediately | 6 | | after any school
personnel becomes aware that a student is a | 7 | | parent, expectant
parent, or victim of domestic or sexual | 8 | | violence. | 9 | | (i) All domestic or sexual violence organizations and
| 10 | | their staff and any other nonschool organization and its staff
| 11 | | shall maintain confidentiality under federal and State
laws | 12 | | and their professional ethics policies regardless of when
or | 13 | | where information, advice, counseling, or any other
| 14 | | interaction with students takes place. A school or school
| 15 | | district may not request or require those organizations or
| 16 | | individuals to breach confidentiality.
| 17 | | (Source: P.A. 102-466, eff. 7-1-25.) | 18 | | (105 ILCS 5/26A-45) | 19 | | (This Section may contain text from a Public Act with a | 20 | | delayed effective date ) | 21 | | Sec. 26A-45. Verification. | 22 | | (a) For purposes of students asserting their rights under | 23 | | provisions relating to domestic or sexual violence in Sections | 24 | | 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a | 25 | | school district may require verification of the claim. The |
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| 1 | | student or the student's parents or guardians shall choose | 2 | | which form of verification to submit to the school district. A | 3 | | school district may only require one form of verification, | 4 | | unless the student is requesting a transfer to another school, | 5 | | in which case the school district may require 2 forms of | 6 | | verification. All forms of verification received by a school | 7 | | district under this subsection (a) must be kept in a | 8 | | confidential temporary file, in accordance with the Illinois | 9 | | School Student Records Act. Any one of the following shall be | 10 | | an acceptable form of verification of a student's claim of | 11 | | domestic or sexual violence: | 12 | | (1) A written statement from the student or anyone who | 13 | | has knowledge of the circumstances that support the | 14 | | student's claim. This may be in the form of a complaint. | 15 | | (2) A police report, governmental agency record, or | 16 | | court record. | 17 | | (3) A statement or other documentation from a | 18 | | qualified employee of a domestic or sexual violence | 19 | | organization or any other organization from which the | 20 | | student sought services or advice. For purposes of this | 21 | | paragraph (3), a qualified employee includes an advocate, | 22 | | counselor, therapist, supervisor, or executive director | 23 | | working at a rape crisis organization, as defined in | 24 | | Section 8-802.1 of the Code of the Civil Procedure, a | 25 | | domestic violence program, as defined in Section 227 of | 26 | | the Illinois Domestic Violence Act of 1986, or an |
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| 1 | | accredited children's advocacy center. | 2 | | (4) Documentation from a lawyer, clergy person, | 3 | | medical professional, or other professional from whom the | 4 | | student sought services or advice related to domestic or | 5 | | sexual violence. | 6 | | (5) Any other evidence, such as physical evidence of | 7 | | violence, which supports the claim. | 8 | | (b) A student or a student's parent or guardian who has | 9 | | provided acceptable verification that the student is or has | 10 | | been a victim of domestic or sexual violence may not be | 11 | | required to provide any additional verification if the | 12 | | student's efforts to assert rights under this Code stem from a | 13 | | claim involving the same perpetrator or the same incident of | 14 | | violence. No school or school district shall request or | 15 | | require additional documentation. | 16 | | (c) Except (i) as otherwise permitted or required by State | 17 | | or federal law, including the Abused and Neglected Child | 18 | | Reporting Act, current Title IX regulations prescribed by the | 19 | | U.S. Department of Education, the Illinois School Student | 20 | | Records Act, the federal Family Educational Rights and Privacy | 21 | | Act of 1974, and professional ethics, codes, policies, or | 22 | | standards that govern personnel holding a professional | 23 | | educator license issued by the State Board of Education or | 24 | | other contractual professional staff working with students or | 25 | | (ii) to the extent that an employee or agent of the school | 26 | | district deems it necessary to address an imminent risk of |
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| 1 | | serious physical injury or death of a student or another | 2 | | person, including to the victim, in cases of domestic or | 3 | | sexual violence the The person named to be the perpetrator, | 4 | | the
perpetrator's family, or any other person named by the | 5 | | student
or the student's parent or guardian to be unsafe to | 6 | | contact may
not be contacted to verify the violence , except to | 7 | | the extent that the district determines that it has an | 8 | | obligation to do so based on federal or State law or safety | 9 | | concerns for the school community, including such concerns for | 10 | | the victim. Prior to making contact, a school must notify the | 11 | | student and his or his parent or guardian in writing and in a | 12 | | developmentally appropriate manner, and discuss
and address | 13 | | any safety concerns related to making such contact .
| 14 | | If a school district contacts the perpetrator, the | 15 | | perpetrator's family, or any other person named by the student | 16 | | or the student's parent or guardian to be unsafe for any other | 17 | | reason, as required or permitted in this Section, the school | 18 | | district shall provide prior notice to the student in a | 19 | | written and developmentally appropriate manner if the minor is | 20 | | 12 years of age or older. For minors under the age of 12 years, | 21 | | the school district must provide prior written notice to the | 22 | | student in a developmentally appropriate manner, and if it is | 23 | | determined to be safe to do so, to the student's parent or | 24 | | guardian. | 25 | | Notwithstanding any other provision of this subsection to | 26 | | the contrary, prior written notice shall not be required to |
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| 1 | | the extent that an employee or agent of the school district | 2 | | deems it necessary to address an imminent risk of serious | 3 | | physical injury or death of the student or another person, | 4 | | including to the victim. If prior written notification is not | 5 | | given, such notification shall be provided as soon as | 6 | | practicable and without delay following the disclosure to the | 7 | | student, and, unless the student is over the age of 18 years, | 8 | | emancipated, or if it is determined to be safe, to the parent | 9 | | or guardian. | 10 | | (Source: P.A. 102-466, eff. 7-1-25.) | 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act.
| 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2022, except that the provisions changing Section 26A-30 of | 20 | | the School Code take effect on July 1, 2023.".
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