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Full Text of HB3173  102nd General Assembly

HB3173sam002 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 10/19/2021

 

 


 

 


 
10200HB3173sam002LRB102 12521 CMG 29997 a

1
AMENDMENT TO HOUSE BILL 3173

2    AMENDMENT NO. ______. Amend House Bill 3173, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. "An Act concerning education", approved August
620, 2021, Public Act 102-466, is amended by changing Section
799 as follow:
 
8    (P.A. 102-466, Sec. 99)
9    Sec. 99. Effective date. This Act takes effect July 1,
102022, except that the provisions adding Section 26A-30 to the
11School 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
14Sections 10-22.6, 10-22.6a, 26A-15, 26A-20, 26A-25, 26A-30,
1526A-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
4searches.
5    (a) To expel pupils guilty of gross disobedience or
6misconduct, including gross disobedience or misconduct
7perpetuated by electronic means, pursuant to subsection (b-20)
8of this Section, and no action shall lie against them for such
9expulsion. Expulsion shall take place only after the parents
10have been requested to appear at a meeting of the board, or
11with a hearing officer appointed by it, to discuss their
12child's behavior. Such request shall be made by registered or
13certified mail and shall state the time, place and purpose of
14the meeting. The board, or a hearing officer appointed by it,
15at such meeting shall state the reasons for dismissal and the
16date on which the expulsion is to become effective. If a
17hearing officer is appointed by the board, he shall report to
18the board a written summary of the evidence heard at the
19meeting and the board may take such action thereon as it finds
20appropriate. If the board acts to expel a pupil, the written
21expulsion decision shall detail the specific reasons why
22removing the pupil from the learning environment is in the
23best interest of the school. The expulsion decision shall also
24include a rationale as to the specific duration of the
25expulsion. An expelled pupil may be immediately transferred to

 

 

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1an alternative program in the manner provided in Article 13A
2or 13B of this Code. A pupil must not be denied transfer
3because of the expulsion, except in cases in which such
4transfer is deemed to cause a threat to the safety of students
5or staff in the alternative program.
6    (b) To suspend or by policy to authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend pupils
9guilty of gross disobedience or misconduct, or to suspend
10pupils guilty of gross disobedience or misconduct on the
11school bus from riding the school bus, pursuant to subsections
12(b-15) and (b-20) of this Section, and no action shall lie
13against them for such suspension. The board may by policy
14authorize the superintendent of the district or the principal,
15assistant principal, or dean of students of any school to
16suspend pupils guilty of such acts for a period not to exceed
1710 school days. If a pupil is suspended due to gross
18disobedience or misconduct on a school bus, the board may
19suspend the pupil in excess of 10 school days for safety
20reasons.
21    Any suspension shall be reported immediately to the
22parents or guardian of a pupil along with a full statement of
23the reasons for such suspension and a notice of their right to
24a review. The school board must be given a summary of the
25notice, including the reason for the suspension and the
26suspension length. Upon request of the parents or guardian,

 

 

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1the school board or a hearing officer appointed by it shall
2review such action of the superintendent or principal,
3assistant principal, or dean of students. At such review, the
4parents or guardian of the pupil may appear and discuss the
5suspension with the board or its hearing officer. If a hearing
6officer is appointed by the board, he shall report to the board
7a written summary of the evidence heard at the meeting. After
8its hearing or upon receipt of the written report of its
9hearing officer, the board may take such action as it finds
10appropriate. If a student is suspended pursuant to this
11subsection (b), the board shall, in the written suspension
12decision, detail the specific act of gross disobedience or
13misconduct resulting in the decision to suspend. The
14suspension decision shall also include a rationale as to the
15specific duration of the suspension. A pupil who is suspended
16in excess of 20 school days may be immediately transferred to
17an alternative program in the manner provided in Article 13A
18or 13B of this Code. A pupil must not be denied transfer
19because of the suspension, except in cases in which such
20transfer is deemed to cause a threat to the safety of students
21or staff in the alternative program.
22    (b-5) Among the many possible disciplinary interventions
23and consequences available to school officials, school
24exclusions, such as out-of-school suspensions and expulsions,
25are the most serious. School officials shall limit the number
26and duration of expulsions and suspensions to the greatest

 

 

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1extent practicable, and it is recommended that they use them
2only for legitimate educational purposes. To ensure that
3students are not excluded from school unnecessarily, it is
4recommended that school officials consider forms of
5non-exclusionary discipline prior to using out-of-school
6suspensions or expulsions.
7    (b-10) Unless otherwise required by federal law or this
8Code, school boards may not institute zero-tolerance policies
9by which school administrators are required to suspend or
10expel students for particular behaviors.
11    (b-15) Out-of-school suspensions of 3 days or less may be
12used only if the student's continuing presence in school would
13pose a threat to school safety or a disruption to other
14students' learning opportunities. For purposes of this
15subsection (b-15), "threat to school safety or a disruption to
16other students' learning opportunities" shall be determined on
17a case-by-case basis by the school board or its designee.
18School officials shall make all reasonable efforts to resolve
19such threats, address such disruptions, and minimize the
20length of suspensions to the greatest extent practicable.
21    (b-20) Unless otherwise required by this Code,
22out-of-school suspensions of longer than 3 days, expulsions,
23and disciplinary removals to alternative schools may be used
24only if other appropriate and available behavioral and
25disciplinary interventions have been exhausted and the
26student's continuing presence in school would either (i) pose

 

 

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1a threat to the safety of other students, staff, or members of
2the school community or (ii) substantially disrupt, impede, or
3interfere with the operation of the school. For purposes of
4this subsection (b-20), "threat to the safety of other
5students, staff, or members of the school community" and
6"substantially disrupt, impede, or interfere with the
7operation of the school" shall be determined on a case-by-case
8basis by school officials. For purposes of this subsection
9(b-20), the determination of whether "appropriate and
10available behavioral and disciplinary interventions have been
11exhausted" shall be made by school officials. School officials
12shall make all reasonable efforts to resolve such threats,
13address such disruptions, and minimize the length of student
14exclusions to the greatest extent practicable. Within the
15suspension decision described in subsection (b) of this
16Section or the expulsion decision described in subsection (a)
17of this Section, it shall be documented whether other
18interventions were attempted or whether it was determined that
19there were no other appropriate and available interventions.
20    (b-25) Students who are suspended out-of-school for longer
21than 4 school days shall be provided appropriate and available
22support services during the period of their suspension. For
23purposes of this subsection (b-25), "appropriate and available
24support services" shall be determined by school authorities.
25Within the suspension decision described in subsection (b) of
26this Section, it shall be documented whether such services are

 

 

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1to be provided or whether it was determined that there are no
2such appropriate and available services.
3    A school district may refer students who are expelled to
4appropriate and available support services.
5    A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting.
8    (b-30) A school district shall create a policy by which
9suspended pupils, including those pupils suspended from the
10school bus who do not have alternate transportation to school,
11shall have the opportunity to make up work for equivalent
12academic credit. It shall be the responsibility of a pupil's
13parent or guardian to notify school officials that a pupil
14suspended from the school bus does not have alternate
15transportation to school.
16    (c) A school board must invite a representative from a
17local mental health agency to consult with the board at the
18meeting whenever there is evidence that mental illness may be
19the cause of a student's expulsion or suspension.
20    (c-5) School districts shall make reasonable efforts to
21provide ongoing professional development to teachers,
22administrators, school board members, school resource
23officers, and staff on the adverse consequences of school
24exclusion and justice-system involvement, effective classroom
25management strategies, culturally responsive discipline, the
26appropriate and available supportive services for the

 

 

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1promotion of student attendance and engagement, and
2developmentally appropriate disciplinary methods that promote
3positive and healthy school climates.
4    (d) The board may expel a student for a definite period of
5time not to exceed 2 calendar years, as determined on a
6case-by-case basis. A student who is determined to have
7brought one of the following objects to school, any
8school-sponsored activity or event, or any activity or event
9that bears a reasonable relationship to school shall be
10expelled 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.
2Expulsion or suspension shall be construed in a manner
3consistent with the federal Individuals with Disabilities
4Education Act. A student who is subject to suspension or
5expulsion as provided in this Section may be eligible for a
6transfer to an alternative school program in accordance with
7Article 13A of the School Code.
8    (d-5) The board may suspend or by regulation authorize the
9superintendent of the district or the principal, assistant
10principal, or dean of students of any school to suspend a
11student for a period not to exceed 10 school days or may expel
12a student for a definite period of time not to exceed 2
13calendar years, as determined on a case-by-case basis, if (i)
14that student has been determined to have made an explicit
15threat on an Internet website against a school employee, a
16student, or any school-related personnel, (ii) the Internet
17website through which the threat was made is a site that was
18accessible within the school at the time the threat was made or
19was available to third parties who worked or studied within
20the school grounds at the time the threat was made, and (iii)
21the threat could be reasonably interpreted as threatening to
22the safety and security of the threatened individual because
23of his or her duties or employment status or status as a
24student inside the school.
25    (e) To maintain order and security in the schools, school
26authorities may inspect and search places and areas such as

 

 

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1lockers, desks, parking lots, and other school property and
2equipment owned or controlled by the school, as well as
3personal effects left in those places and areas by students,
4without notice to or the consent of the student, and without a
5search warrant. As a matter of public policy, the General
6Assembly finds that students have no reasonable expectation of
7privacy in these places and areas or in their personal effects
8left in these places and areas. School authorities may request
9the assistance of law enforcement officials for the purpose of
10conducting inspections and searches of lockers, desks, parking
11lots, and other school property and equipment owned or
12controlled by the school for illegal drugs, weapons, or other
13illegal or dangerous substances or materials, including
14searches conducted through the use of specially trained dogs.
15If a search conducted in accordance with this Section produces
16evidence that the student has violated or is violating either
17the law, local ordinance, or the school's policies or rules,
18such evidence may be seized by school authorities, and
19disciplinary action may be taken. School authorities may also
20turn over such evidence to law enforcement authorities.
21    (f) Suspension or expulsion may include suspension or
22expulsion from school and all school activities and a
23prohibition from being present on school grounds.
24    (g) A school district may adopt a policy providing that if
25a student is suspended or expelled for any reason from any
26public or private school in this or any other state, the

 

 

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1student must complete the entire term of the suspension or
2expulsion in an alternative school program under Article 13A
3of this Code or an alternative learning opportunities program
4under Article 13B of this Code before being admitted into the
5school district if there is no threat to the safety of students
6or staff in the alternative program.
7    (h) School officials shall not advise or encourage
8students to drop out voluntarily due to behavioral or academic
9difficulties.
10    (i) A student may not be issued a monetary fine or fee as a
11disciplinary consequence, though this shall not preclude
12requiring a student to provide restitution for lost, stolen,
13or damaged property.
14    (j) Subsections (a) through (i) of this Section shall
15apply to elementary and secondary schools, charter schools,
16special charter districts, and school districts organized
17under Article 34 of this Code.
18    (k) The expulsion of children enrolled in programs funded
19under Section 1C-2 of this Code is subject to the requirements
20under paragraph (7) of subsection (a) of Section 2-3.71 of
21this Code.
22    (l) Beginning with the 2018-2019 school year, an in-school
23suspension program provided by a school district for any
24students in kindergarten through grade 12 may focus on
25promoting non-violent conflict resolution and positive
26interaction with other students and school personnel. A school

 

 

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1district may employ a school social worker or a licensed
2mental health professional to oversee an in-school suspension
3program 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
7searches.
8    (a) To expel pupils guilty of gross disobedience or
9misconduct, including gross disobedience or misconduct
10perpetuated by electronic means, pursuant to subsection (b-20)
11of this Section, and no action shall lie against them for such
12expulsion. Expulsion shall take place only after the parents
13or guardians have been requested to appear at a meeting of the
14board, or with a hearing officer appointed by it, to discuss
15their child's behavior. Such request shall be made by
16registered or certified mail and shall state the time, place
17and purpose of the meeting. The board, or a hearing officer
18appointed by it, at such meeting shall state the reasons for
19dismissal and the date on which the expulsion is to become
20effective. If a hearing officer is appointed by the board, he
21shall report to the board a written summary of the evidence
22heard at the meeting and the board may take such action thereon
23as it finds appropriate. If the board acts to expel a pupil,
24the written expulsion decision shall detail the specific
25reasons why removing the pupil from the learning environment

 

 

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1is in the best interest of the school. The expulsion decision
2shall also include a rationale as to the specific duration of
3the expulsion. An expelled pupil may be immediately
4transferred to an alternative program in the manner provided
5in Article 13A or 13B of this Code. A pupil must not be denied
6transfer because of the expulsion, except in cases in which
7such transfer is deemed to cause a threat to the safety of
8students or staff in the alternative program.
9    (b) To suspend or by policy to authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend pupils
12guilty of gross disobedience or misconduct, or to suspend
13pupils guilty of gross disobedience or misconduct on the
14school bus from riding the school bus, pursuant to subsections
15(b-15) and (b-20) of this Section, and no action shall lie
16against them for such suspension. The board may by policy
17authorize the superintendent of the district or the principal,
18assistant principal, or dean of students of any school to
19suspend pupils guilty of such acts for a period not to exceed
2010 school days. If a pupil is suspended due to gross
21disobedience or misconduct on a school bus, the board may
22suspend the pupil in excess of 10 school days for safety
23reasons.
24    Any suspension shall be reported immediately to the
25parents or guardians of a pupil along with a full statement of
26the reasons for such suspension and a notice of their right to

 

 

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1a review. The school board must be given a summary of the
2notice, including the reason for the suspension and the
3suspension length. Upon request of the parents or guardians,
4the school board or a hearing officer appointed by it shall
5review such action of the superintendent or principal,
6assistant principal, or dean of students. At such review, the
7parents or guardians of the pupil may appear and discuss the
8suspension with the board or its hearing officer. If a hearing
9officer is appointed by the board, he shall report to the board
10a written summary of the evidence heard at the meeting. After
11its hearing or upon receipt of the written report of its
12hearing officer, the board may take such action as it finds
13appropriate. If a student is suspended pursuant to this
14subsection (b), the board shall, in the written suspension
15decision, detail the specific act of gross disobedience or
16misconduct resulting in the decision to suspend. The
17suspension decision shall also include a rationale as to the
18specific duration of the suspension. A pupil who is suspended
19in excess of 20 school days may be immediately transferred to
20an alternative program in the manner provided in Article 13A
21or 13B of this Code. A pupil must not be denied transfer
22because of the suspension, except in cases in which such
23transfer is deemed to cause a threat to the safety of students
24or staff in the alternative program.
25    (b-5) Among the many possible disciplinary interventions
26and consequences available to school officials, school

 

 

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1exclusions, such as out-of-school suspensions and expulsions,
2are the most serious. School officials shall limit the number
3and duration of expulsions and suspensions to the greatest
4extent practicable, and it is recommended that they use them
5only for legitimate educational purposes. To ensure that
6students are not excluded from school unnecessarily, it is
7recommended that school officials consider forms of
8non-exclusionary discipline prior to using out-of-school
9suspensions or expulsions.
10    (b-10) Unless otherwise required by federal law or this
11Code, school boards may not institute zero-tolerance policies
12by which school administrators are required to suspend or
13expel students for particular behaviors.
14    (b-15) Out-of-school suspensions of 3 days or less may be
15used only if the student's continuing presence in school would
16pose a threat to school safety or a disruption to other
17students' learning opportunities. For purposes of this
18subsection (b-15), "threat to school safety or a disruption to
19other students' learning opportunities" shall be determined on
20a case-by-case basis by the school board or its designee.
21School officials shall make all reasonable efforts to resolve
22such threats, address such disruptions, and minimize the
23length of suspensions to the greatest extent practicable.
24    (b-20) Unless otherwise required by this Code,
25out-of-school suspensions of longer than 3 days, expulsions,
26and disciplinary removals to alternative schools may be used

 

 

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1only if other appropriate and available behavioral and
2disciplinary interventions have been exhausted and the
3student's continuing presence in school would either (i) pose
4a threat to the safety of other students, staff, or members of
5the school community or (ii) substantially disrupt, impede, or
6interfere with the operation of the school. For purposes of
7this subsection (b-20), "threat to the safety of other
8students, staff, or members of the school community" and
9"substantially disrupt, impede, or interfere with the
10operation of the school" shall be determined on a case-by-case
11basis by school officials. For purposes of this subsection
12(b-20), the determination of whether "appropriate and
13available behavioral and disciplinary interventions have been
14exhausted" shall be made by school officials. School officials
15shall make all reasonable efforts to resolve such threats,
16address such disruptions, and minimize the length of student
17exclusions to the greatest extent practicable. Within the
18suspension decision described in subsection (b) of this
19Section or the expulsion decision described in subsection (a)
20of this Section, it shall be documented whether other
21interventions were attempted or whether it was determined that
22there were no other appropriate and available interventions.
23    (b-25) Students who are suspended out-of-school for longer
24than 4 school days shall be provided appropriate and available
25support services during the period of their suspension. For
26purposes of this subsection (b-25), "appropriate and available

 

 

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1support services" shall be determined by school authorities.
2Within the suspension decision described in subsection (b) of
3this Section, it shall be documented whether such services are
4to be provided or whether it was determined that there are no
5such appropriate and available services.
6    A school district may refer students who are expelled to
7appropriate and available support services.
8    A school district shall create a policy to facilitate the
9re-engagement of students who are suspended out-of-school,
10expelled, or returning from an alternative school setting.
11    (b-30) A school district shall create a policy by which
12suspended pupils, including those pupils suspended from the
13school bus who do not have alternate transportation to school,
14shall have the opportunity to make up work for equivalent
15academic credit. It shall be the responsibility of a pupil's
16parents or guardians to notify school officials that a pupil
17suspended from the school bus does not have alternate
18transportation to school.
19    (b-35) In all suspension review hearings conducted under
20subsection (b) or expulsion hearings conducted under
21subsection (a), a student may disclose any factor to be
22considered in mitigation, including, but not limited to, his
23or her status as a parent, expectant parent, or victim of
24domestic or sexual violence, as defined in Article 26A, victim
25of bullying, experiencing the death of a family member, or
26other factors. A representative of the parent's or guardian's

 

 

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1choice, or of the student's choice if emancipated, must be
2permitted to represent the student throughout the proceedings
3and to address the school board or its appointed hearing
4officer. With the approval of the student's parent or
5guardian, or of the student if emancipated, a support person
6must be permitted to accompany the student to any disciplinary
7hearings or proceedings. The representative or support person
8must comply with any rules of the school district's hearing
9process. If the representative or support person violates the
10rules or engages in behavior or advocacy that harasses,
11abuses, or intimidates either party, a witness, or anyone else
12in attendance at the hearing, the representative or support
13person may be prohibited from further participation in the
14hearing or proceeding. A suspension or expulsion proceeding
15under this subsection (b-35) must be conducted independently
16from any ongoing criminal investigation or proceeding, and an
17absence of pending or possible criminal charges, criminal
18investigations, or proceedings may not be a factor in school
19disciplinary decisions.
20    (b-40) During a suspension review hearing conducted under
21subsection (b) or an expulsion hearing conducted under
22subsection (a) that involves allegations of domestic or sexual
23violence or gender-based harassment by the student who is
24subject to discipline, neither the student nor his or her
25representative shall directly question nor have direct contact
26with the alleged victim. The student who is subject to

 

 

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1discipline or his or her representative may, at the discretion
2and direction of the school board or its appointed hearing
3officer, suggest questions to be posed by the school board or
4its appointed hearing officer to the alleged victim.
5    (c) A school board must invite a representative from a
6local mental health agency to consult with the board at the
7meeting whenever there is evidence that mental illness may be
8the cause of a student's expulsion or suspension.
9    (c-5) School districts shall make reasonable efforts to
10provide ongoing professional development to teachers,
11administrators, school board members, school resource
12officers, and staff on the adverse consequences of school
13exclusion and justice-system involvement, effective classroom
14management strategies, culturally responsive discipline, the
15appropriate and available supportive services for the
16promotion of student attendance and engagement, and
17developmentally appropriate disciplinary methods that promote
18positive and healthy school climates.
19    (d) The board may expel a student for a definite period of
20time not to exceed 2 calendar years, as determined on a
21case-by-case basis. A student who is determined to have
22brought one of the following objects to school, any
23school-sponsored activity or event, or any activity or event
24that bears a reasonable relationship to school shall be
25expelled for a period of not less than one year:
26        (1) A firearm. For the purposes of this Section,

 

 

10200HB3173sam002- 20 -LRB102 12521 CMG 29997 a

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.
17Expulsion or suspension shall be construed in a manner
18consistent with the federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code.
23    (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

 

 

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1a student for a definite period of time not to exceed 2
2calendar years, as determined on a case-by-case basis, if (i)
3that student has been determined to have made an explicit
4threat on an Internet website against a school employee, a
5student, or any school-related personnel, (ii) the Internet
6website through which the threat was made is a site that was
7accessible within the school at the time the threat was made or
8was available to third parties who worked or studied within
9the school grounds at the time the threat was made, and (iii)
10the threat could be reasonably interpreted as threatening to
11the safety and security of the threatened individual because
12of his or her duties or employment status or status as a
13student inside the school.
14    (e) To maintain order and security in the schools, school
15authorities may inspect and search places and areas such as
16lockers, desks, parking lots, and other school property and
17equipment owned or controlled by the school, as well as
18personal effects left in those places and areas by students,
19without notice to or the consent of the student, and without a
20search warrant. As a matter of public policy, the General
21Assembly finds that students have no reasonable expectation of
22privacy in these places and areas or in their personal effects
23left in these places and areas. School authorities may request
24the assistance of law enforcement officials for the purpose of
25conducting inspections and searches of lockers, desks, parking
26lots, and other school property and equipment owned or

 

 

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1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10    (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13    (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A
18of this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program. A school district that
22adopts a policy under this subsection (g) must include a
23provision allowing for consideration of any mitigating
24factors, including, but not limited to, a student's status as
25a parent, expectant parent, or victim of domestic or sexual
26violence, as defined in Article 26A, victim of bullying,

 

 

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1experiencing the death of a family member, or other factors.
2    (h) School officials shall not advise or encourage
3students to drop out voluntarily due to behavioral or academic
4difficulties.
5    (i) A student may not be issued a monetary fine or fee as a
6disciplinary consequence, though this shall not preclude
7requiring a student to provide restitution for lost, stolen,
8or damaged property.
9    (j) Subsections (a) through (i) of this Section shall
10apply to elementary and secondary schools, charter schools,
11special charter districts, and school districts organized
12under Article 34 of this Code.
13    (k) The expulsion of children enrolled in programs funded
14under Section 1C-2 of this Code is subject to the requirements
15under paragraph (7) of subsection (a) of Section 2-3.71 of
16this Code.
17    (l) Beginning with the 2018-2019 school year, an in-school
18suspension program provided by a school district for any
19students in kindergarten through grade 12 may focus on
20promoting non-violent conflict resolution and positive
21interaction with other students and school personnel. A school
22district may employ a school social worker or a licensed
23mental health professional to oversee an in-school suspension
24program in kindergarten through grade 12.
25(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
26102-539, 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,
4correspondence courses or otherwise courses of instruction for
5pupils who are unable to attend school because of pregnancy.
6Such instruction shall be provided to the pupil (1) before the
7birth of the child when the pupil's physician, physician
8assistant, or advanced practice nurse has indicated to the
9district, in writing, that the pupil is medically unable to
10attend regular classroom instruction and (2) for up to 3
11months following the birth of the child or a miscarriage. The
12instruction course shall be designed to offer educational
13experiences that are equivalent to those given to pupils at
14the same grade level in the district and that are designed to
15enable 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
20or otherwise courses of instruction for a pupil who is unable
21to attend school because of pregnancy or pregnancy-related
22conditions, the fulfillment of parenting obligations related
23to the health of the child, or health and safety concerns
24arising from domestic or sexual violence, as defined in

 

 

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1Article 26A. Such instruction shall be provided to the pupil
2at 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.
14A school district may reassess home instruction provided to a
15pupil under paragraph (3) or (4) every 2 months to determine
16the pupil's continuing need for instruction under this
17Section.
18    The instruction course shall be designed to offer
19educational experiences that are equivalent to those given to
20pupils at the same grade level in the district and that are
21designed to enable the pupil to return to the classroom.
22    (b) Notwithstanding any other provision of this Code or
23State law to the contrary, if a pupil is unable to attend
24regular classes because of the reasons set forth in subsection
25(a) and has participated in instruction under this Section
26that is administered by the school or the school district,

 

 

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1then the pupil may not be penalized for grading purposes or be
2denied course completion, a return to regular classroom
3instruction, grade level advancement, or graduation solely on
4the basis of the pupil's participation in instruction under
5this Section or the pupil's absence from the regular education
6program during the period of instruction under this Section. A
7school or school district may not use instruction under this
8Section to replace making support services available so that
9pupils who are parents, expectant parents, or victims of
10domestic or sexual violence may receive regular classroom
11instruction.
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
15delayed 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
19to draft and publish model policies and intergovernmental
20agreements for inter-district transfers; draft and publish
21model complaint resolution procedures as required in
22subsection (c) of Section 26A-25; identify current mandatory
23educator and staff training and additional new trainings
24needed to meet the requirements as required in Section 26A-25
25and Section 26A-35. These recommended policies and agreements

 

 

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1shall be survivor-centered and rooted in trauma-informed
2responses and used to support all students, from
3pre-kindergarten through grade 12, who are survivors of
4domestic or sexual violence, regardless of whether the
5perpetrator is school-related or not, or who are parenting or
6pregnant, regardless of whether the school is a public school,
7nonpublic school, or charter school.
8    (b) The Task Force shall be representative of the
9geographic, racial, ethnic, sexual orientation, gender
10identity, and cultural diversity of this State. The Task Force
11shall consist of all of the following members, who must be
12appointed no later than 60 days after the effective date of
13this 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
2State Superintendent of Education, and each subsequent meeting
3shall be called by the chairperson, who shall be designated by
4the State Superintendent of Education. The State Board of
5Education shall provide administrative and other support to
6the Task Force. Members of the Task Force shall serve without
7compensation.
8    (d) On or before January 1, 2024 June 30, 2024, the Task
9Force shall report its work, including model policies,
10guidance recommendations, and agreements, to the Governor and
11the General Assembly. The report must include all of the
12following:
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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1report under subsection (d).
2    (f) This Section is repealed on December 1, 2024 December
31, 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
7delayed effective date)
8    Sec. 26A-20. Review and revision of policies and
9procedures.
10    (a) No later than July 1, 2024 and every 2 years
11thereafter, each school district must review all existing
12policies and procedures and must revise any existing policies
13and procedures that may act as a barrier to the immediate
14enrollment and re-enrollment, attendance, graduation, and
15success in school of any student who is a student parent,
16expectant student parent, or victim of domestic or sexual
17violence or any policies or procedures that may compromise a
18criminal investigation relating to domestic or sexual violence
19or may re-victimize students. A school district must adopt new
20policies and procedures, as needed, to implement this Section
21and to ensure that immediate and effective steps are taken to
22respond to students who are student parents, expectant
23parents, or victims of domestic or sexual violence.
24    (b) A school district's policy must be consistent with the
25recommendations of model policy and procedures adopted by the

 

 

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1State Board of Education and under Public Act 101-531.
2    (c) A school district's policy shall specify where a
3student or parent may obtain or access, both in an electronic
4format or in a hard-copy format, on the district's procedures
5that a student or his or her parent or guardian may follow if
6he or she chooses to report an incident of alleged domestic or
7sexual violence. The procedures, which shall be readily
8accessible to students and parents on the district's website
9and in a hard-copy format upon the request of any individual,
10must, 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
19procedures on its website, distribute them at the beginning of
20each school year to each student, and upon request, make
21copies available to each student and his or her parent or
22guardian for inspection and copying at no cost to the student
23or 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
2delayed effective date)
3    Sec. 26A-25. Complaint resolution procedure.
4    (a) On or before July 1, 2024, each school district must
5adopt one procedure to resolve complaints of violations of
6this amendatory Act of the 102nd General Assembly. The
7respondent must be one or more of the following: the school,
8school district, or school personnel. These procedures shall
9comply with the confidentiality provisions of Sections 26A-20
10and 26A-30. The procedures must include, at minimum, all of
11the 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
6will resolve complaints of violations of this amendatory Act
7of 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
22the 102nd General Assembly involves making a determination or
23finding 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
17to have a representative or support persons of their choice
18accompany them to any meeting or proceeding related to the
19alleged violence or violation of this amendatory Act of the
20102nd General Assembly if the involvement of the
21representative or support persons does not result in undue
22delay of the meeting or proceeding. This representative or
23support persons must comply with any rules of the school
24district's complaint resolution procedure. If the
25representative or support persons violate the rules or engage
26in behavior or advocacy that harasses, abuses, or intimidates

 

 

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1either part, a witness, or an individual resolving the
2complaint, the representative or support person may be
3prohibited from further participation in the meeting or
4proceeding.
5    (e) The complainant, regardless of the level of
6involvement in the complaint resolution procedure, and the
7respondent must have the opportunity to provide or present
8evidence and witnesses on their behalf during the complaint
9resolution procedure.
10    (f) The complainant and respondent and any named
11perpetrator directly impacted by the results of the complaint
12resolution procedure, are entitled to simultaneous written
13notification of the results of the complaint resolution
14procedure, including information regarding appeals rights and
15procedures, within 10 business days after a decision or sooner
16if 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
13determine interim protective measures and support services
14available pending the resolution of the complaint including
15the 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
19delayed effective date)
20    Sec. 26A-30. Confidentiality.
21    (a) Each school district must adopt and ensure that it has
22and implements a policy, which may be combined with and
23incorporated into the policy required under Section 26A-20 or
24other relevant existing policy, to ensure that all information
25concerning a student's status and related experiences as a

 

 

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1parent, expectant parent, or victim of domestic or sexual
2violence, or a student who is a named perpetrator of domestic
3or sexual violence, provided to or otherwise obtained by an
4employee or agent of the school district or its employees or
5agents pursuant to this Code or otherwise, including a
6statement of the student or any other documentation, record,
7or corroborating evidence that the student has requested or
8obtained assistance, support, or services pursuant to this
9Code, shall be retained in the strictest of confidence by the
10employees or agents of the school district or its employees or
11agents and may not be disclosed to any other individual
12outside of the district, including any other employee, except
13if such disclosure is (i) permitted or required pursuant to
14the Abused and Neglected Child Reporting Act, current Title IX
15regulations prescribed by the U.S. Department of Education, by
16the Illinois School Student Records Act, the federal Family
17Educational Rights and Privacy Act of 1974, or other
18applicable State or federal laws, or any professional code of
19ethics, policies, or standards that govern personnel who hold
20a professional educator license issued by the State Board of
21Education or other contractual professional staff working with
22students, (ii) requested or consented to, in writing, by the
23student or the student's parent or guardian if it is safe to
24obtain written consent from the student's parent or guardian,
25or (iii) deemed necessary to address imminent risk of serious
26physical injury or death of a student or other persons,

 

 

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1including to the victim. Nothing in this Section shall
2prohibit any employee of the school district or contractual
3professional staff working with students who has received
4confidential information from seeking guidance and support
5from an appropriate administrator or the resource personnel as
6required in Section 26A-35 regarding a confidential
7disclosure, provided that no personally identifiable
8information about the student is disclosed. Nothing in this
9Section shall prohibit any employee of the school district or
10contractual professional staff working with students who has
11received confidential information about a student's status
12from disclosing information to the student's parent or
13guardian about any imminent risk of serious physical injury or
14death to the student or another person. If disclosing such
15risk does not require disclosing confidential information
16about a student's status, then the student's status must be
17shared.
18    Employees or agents of the school district must inform all
19minors 12 years of age or older of the availability of
20counseling without parental or guardian consent under Section
213-550 of the Mental Health and Developmental Disabilities
22Code.
23    (b) Prior to disclosing information about a student's
24status as a parent, expectant parent, or victim of domestic or
25sexual violence as permitted or required under subsection (a),
26a school must notify the student and, unless the student is at

 

 

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1least 18 years of age or emancipated, the student's parent or
2guardian if it is determined to be safe to do so and discuss
3and address any safety concerns related to the disclosure,
4including instances in which the student indicates or the
5school or school district or its employees or agents are
6otherwise aware that the student's health or safety may be at
7risk if his or her status is disclosed to the student's parent
8or guardian, except as otherwise permitted by applicable State
9or federal law, including the Abused and Neglected Child
10Reporting Act, the Illinois School Student Records Act, the
11federal Family Educational Rights and Privacy Act of 1974, and
12professional ethics policies that govern professional school
13personnel. Notwithstanding any other provision of this
14subsection, prior notification of the disclosure and the
15required discussion regarding safety shall not be required to
16the extent an employee or agent of the school district deems it
17necessary to address an imminent risk of serious physical
18injury or death of a student or another person, including to
19the victim. If prior notification is not able to be given, such
20notification shall be provided and safety concerns shall be
21discussed with the student as soon as practicable and without
22delay following the disclosure.
23    (c) No student may be required to testify publicly
24concerning his or her status as a victim of domestic or sexual
25violence, allegations of domestic or sexual violence, his or
26her status as a parent or expectant parent, or the student's

 

 

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1efforts to enforce any of his or her rights under provisions of
2this Code relating to students who are parents, expectant
3parents, or victims of domestic or sexual violence.
4    (d) In the case of domestic or sexual violence, except (i)
5as permitted or required under State or federal law, including
6the Abused and Neglected Child Reporting Act, current Title IX
7regulations prescribed by the U.S. Department of Education,
8the Illinois School Student Records Act, the federal Family
9Educational Rights and Privacy Act of 1974, and professional
10ethics, codes, policies or standards that govern personnel
11holding a professional educator license issued by the State
12Board of Education or other contractual professional staff
13working with students or (ii) to the extent that an employee or
14agent of the school district deems it necessary to address
15imminent risk of serious physical injury or death of a student
16or another person that a school official determines that the
17school official has an obligation to do so based on safety
18concerns or threats to the community, including the victim, a
19school district must not contact the person named to be the
20perpetrator, the perpetrator's family, or any other person
21named by the student or named by the student's parent or
22guardian to be unsafe to contact to verify the violence. If a A
23school district contacts must not contact the perpetrator, the
24perpetrator's family, or any other person named by the student
25or the student's parent or guardian to be unsafe for any other
26reason, as permitted or required under this Section, the

 

 

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1school district shall provide without providing prior written
2notice to the student in a written and developmentally
3appropriate manner if the minor is 12 years of age or older.
4For minors under the age of 12 years, the school district shall
5provide prior written notice to the student in a
6developmentally appropriate manner, and if it is determined to
7be safe to do so, the student's parent or guardian.
8    Notwithstanding any other provision of this subsection to
9the contrary, prior written notice shall not be required to
10the extent that an employee or agent of the school district
11deems it necessary to address an imminent risk of serious
12physical injury or death of the student or another person,
13including to the victim. If prior written notification is not
14given, such notification shall be provided as soon as
15practicable and without delay following the disclosure to the
16student, and, unless the student is over the age of 18 years,
17emancipated, or if it is determined to be safe, to the parent
18or guardian.
19    Nothing in this Section prohibits the school, or school
20district, or its employees or agents from taking other steps
21to investigate the violence or from contacting persons not
22named by the student or the student's parent or guardian as
23unsafe to contact. Nothing in this Section prohibits the
24school, or school district, or its employees or agents from
25taking reasonable steps to protect students, including the
26victim. If the reasonable steps taken to protect students,

 

 

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1including the victim, involve conduct that is prohibited under
2this subsection, the school must provide notice of the actions
3that were taken explaining why the actions were necessary to
4the reporting student in a written and developmentally
5appropriate manner if the minor is 12 years of age or older ,
6in writing and in a developmentally appropriate communication
7format, of its intent to contact the parties named to be
8unsafe. For minors under the age of 12 years, the school
9district shall provide written notice to the student in a
10developmentally appropriate manner, and if it is determined to
11be 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
15delayed effective date)
16    Sec. 26A-40. Support and services.
17    (a) To facilitate the full participation of students who
18are parents, expectant parents, or victims of domestic or
19sexual violence, each school district must offer provide those
20students with in-school support services and information
21regarding nonschool-based support services, and the ability to
22make up work missed on account of circumstances related to the
23student's status as a parent, expectant parent, or victim of
24domestic or sexual violence. Victims of domestic or sexual
25violence must have access to those supports and services

 

 

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1regardless of when or where the violence for which they are
2seeking supports and services occurred. All supports and
3services must be offered for as long as necessary to maintain
4the mental and physical well-being and safety of the student.
5Schools may periodically check on students receiving supports
6and services to determine whether each support and service
7continues to be necessary to maintain the mental and physical
8well-being and safety of the student or whether termination is
9appropriate. Any services offered under this Article to a
10student with a disability must not conflict with the student's
11individualized education plan or a Section 504 plan under the
12federal Rehabilitation Act of 1973 and the requirements of
13applicable 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
16sufficiently private settings to ensure confidentiality and
17time off from class for meetings with counselors or other
18service providers, (ii) assisting the student with a student
19success plan, (iii) transferring a victim of domestic or
20sexual violence or the student perpetrator to a different
21classroom or school, if available, (iv) changing a seating
22assignment, (v) implementing in-school, school grounds, and
23bus safety procedures, (vi) honoring court orders, including
24orders of protection and no-contact orders to the fullest
25extent possible, and (vii) providing any other supports that
26may facilitate the full participation in the regular education

 

 

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1program of students who are parents, expectant parents, or
2victims of domestic or sexual violence.
3    (c) If a student who is a parent, expectant parent, or
4victim of domestic or sexual violence is a student at risk of
5academic failure or displays poor academic performance, the
6student or the student's parent or guardian may request that
7the school district provide the student with or refer the
8student to education and support services designed to assist
9the student in meeting State learning standards. A school
10district may either provide education or support services
11directly or may collaborate with public or private State,
12local, or community-based organizations or agencies that
13provide these services. A school district must also inform
14those students about support services of nonschool-based
15organizations and agencies from which those students typically
16receive services in the community.
17    (d) Any student who is unable, because of circumstances
18related to the student's status as a parent, expectant parent,
19or victim of domestic or sexual violence, to participate in
20classes on a particular day or days or at the particular time
21of day must be excused in accordance with the procedures set
22forth in this Code. Upon student or parent or guardian's
23request, the teachers and of the school administrative
24personnel and officials shall make available to each student
25who is unable to participate because of circumstances related
26to the student's status as a parent, expectant parent, or

 

 

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1victim of domestic or sexual violence a meaningful opportunity
2to make up any examination, study, or work requirement that
3the student has missed because of the inability to participate
4on any particular day or days or at any particular time of day.
5For a student receiving homebound instruction, it is the
6responsibility of the student and parent to work with the
7school or school district to meet academic standards for
8matriculation, as defined by school district policy. Costs
9assessed by the school district on the student for
10participation in those activities shall be considered waivable
11fees for any student whose parent or guardian is unable to
12afford them, consistent with Section 10-20.13. Each school
13district must adopt written policies for waiver of those fees
14in accordance with rules adopted by the State Board of
15Education.
16    (e) If a school or school district employee or agent
17becomes aware of or suspects a student's status as a parent,
18expectant parent, or victim of domestic or sexual violence, it
19is the responsibility of the employee or agent of the school or
20school district to refer the student to the school district's
21domestic or sexual violence and parenting resource personnel
22set forth in Section 26A-35 as soon as the domestic or sexual
23violence and parenting resource personnel is designated or
24appointed or by June 30, 2024, whichever is sooner. A school
25district must make respecting a student's privacy,
26confidentiality, mental and physical health, and safety a

 

 

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1paramount concern.
2    (f) Each school must honor a student's and a parent's or
3guardian's decision to obtain education and support services
4and nonschool-based support services, to terminate the receipt
5of those education and support services, or nonschool-based
6support services, or to decline participation in those
7education and support services, or nonschool-based support
8services. No student is obligated to use education and support
9services, or nonschool-based support services. In developing
10educational support services, the privacy, mental and physical
11health, and safety of the student shall be of paramount
12concern. No adverse or prejudicial effects may result to any
13student because of the student's availing of or declining the
14provisions of this Section as long as the student is working
15with the school to meet academic standards for matriculation
16as defined by school district policy.
17    (g) Any support services must be available in any school
18or by home or hospital instruction to the highest quality and
19fullest extent possible for the individual setting.
20    (h) School-based counseling services, if available, must
21be offered to students who are parents, expectant parents, or
22victims of domestic or sexual violence consistent with the
23Mental Health and Developmental Disabilities Code. At least
24once every school year, each school district must inform, in
25writing, all school personnel and all students 12 years of age
26or older of the availability of counseling without parental or

 

 

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1guardian consent under Section 3-5A-105 (to be renumbered as
2Section 3-550 in a revisory bill as of the effective date of
3this amendatory Act of the 102nd General Assembly) of the
4Mental Health and Developmental Disabilities Code. This
5information must also be provided to students immediately
6after any school personnel becomes aware that a student is a
7parent, expectant parent, or victim of domestic or sexual
8violence.
9    (i) All domestic or sexual violence organizations and
10their staff and any other nonschool organization and its staff
11shall maintain confidentiality under federal and State laws
12and their professional ethics policies regardless of when or
13where information, advice, counseling, or any other
14interaction with students takes place. A school or school
15district may not request or require those organizations or
16individuals 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
20delayed effective date)
21    Sec. 26A-45. Verification.
22    (a) For purposes of students asserting their rights under
23provisions relating to domestic or sexual violence in Sections
2410-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
25school district may require verification of the claim. The

 

 

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1student or the student's parents or guardians shall choose
2which form of verification to submit to the school district. A
3school district may only require one form of verification,
4unless the student is requesting a transfer to another school,
5in which case the school district may require 2 forms of
6verification. All forms of verification received by a school
7district under this subsection (a) must be kept in a
8confidential temporary file, in accordance with the Illinois
9School Student Records Act. Any one of the following shall be
10an acceptable form of verification of a student's claim of
11domestic 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
9provided acceptable verification that the student is or has
10been a victim of domestic or sexual violence may not be
11required to provide any additional verification if the
12student's efforts to assert rights under this Code stem from a
13claim involving the same perpetrator or the same incident of
14violence. No school or school district shall request or
15require additional documentation.
16    (c) Except (i) as otherwise permitted or required by State
17or federal law, including the Abused and Neglected Child
18Reporting Act, current Title IX regulations prescribed by the
19U.S. Department of Education, the Illinois School Student
20Records Act, the federal Family Educational Rights and Privacy
21Act of 1974, and professional ethics, codes, policies, or
22standards that govern personnel holding a professional
23educator license issued by the State Board of Education or
24other contractual professional staff working with students or
25(ii) to the extent that an employee or agent of the school
26district deems it necessary to address an imminent risk of

 

 

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1serious physical injury or death of a student or another
2person, including to the victim, in cases of domestic or
3sexual violence the The person named to be the perpetrator,
4the perpetrator's family, or any other person named by the
5student or the student's parent or guardian to be unsafe to
6contact may not be contacted to verify the violence, except to
7the extent that the district determines that it has an
8obligation to do so based on federal or State law or safety
9concerns for the school community, including such concerns for
10the victim. Prior to making contact, a school must notify the
11student and his or his parent or guardian in writing and in a
12developmentally appropriate manner, and discuss and address
13any safety concerns related to making such contact.
14    If a school district contacts the perpetrator, the
15perpetrator's family, or any other person named by the student
16or the student's parent or guardian to be unsafe for any other
17reason, as required or permitted in this Section, the school
18district shall provide prior notice to the student in a
19written and developmentally appropriate manner if the minor is
2012 years of age or older. For minors under the age of 12 years,
21the school district must provide prior written notice to the
22student in a developmentally appropriate manner, and if it is
23determined to be safe to do so, to the student's parent or
24guardian.
25    Notwithstanding any other provision of this subsection to
26the contrary, prior written notice shall not be required to

 

 

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1the extent that an employee or agent of the school district
2deems it necessary to address an imminent risk of serious
3physical injury or death of the student or another person,
4including to the victim. If prior written notification is not
5given, such notification shall be provided as soon as
6practicable and without delay following the disclosure to the
7student, and, unless the student is over the age of 18 years,
8emancipated, or if it is determined to be safe, to the parent
9or guardian.
10(Source: P.A. 102-466, eff. 7-1-25.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.
 
18    Section 99. Effective date. This Act takes effect July 1,
192022, except that the provisions changing Section 26A-30 of
20the School Code take effect on July 1, 2023.".