(105 ILCS 5/22-80) Sec. 22-80. Student athletes; concussions and head injuries. (a) The General Assembly recognizes all of the following: (1) Concussions are one of the most commonly reported |
| injuries in children and adolescents who participate in sports and recreational activities. The Centers for Disease Control and Prevention estimates that as many as 3,900,000 sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death is significant when a concussion or head injury is not properly evaluated and managed.
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(2) Concussions are a type of brain injury that can
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| range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority of concussions occur without loss of consciousness.
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(3) Continuing to play with a concussion or symptoms
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| of a head injury leaves a young athlete especially vulnerable to greater injury and even death. The General Assembly recognizes that, despite having generally recognized return-to-play standards for concussions and head injuries, some affected youth athletes are prematurely returned to play, resulting in actual or potential physical injury or death to youth athletes in this State.
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(4) Student athletes who have sustained a concussion
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| may need informal or formal accommodations, modifications of curriculum, and monitoring by medical or academic staff until the student is fully recovered. To that end, all schools are encouraged to establish a return-to-learn protocol that is based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines and conduct baseline testing for student athletes.
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(b) In this Section:
"Athletic trainer" means an athletic trainer licensed under the Illinois Athletic Trainers Practice Act who is working under the supervision of a physician.
"Coach" means any volunteer or employee of a school who is responsible for organizing and supervising students to teach them or train them in the fundamental skills of an interscholastic athletic activity. "Coach" refers to both head coaches and assistant coaches.
"Concussion" means a complex pathophysiological process affecting the brain caused by a traumatic physical force or impact to the head or body, which may include temporary or prolonged altered brain function resulting in physical, cognitive, or emotional symptoms or altered sleep patterns and which may or may not involve a loss of consciousness.
"Department" means the Department of Financial and Professional Regulation.
"Game official" means a person who officiates at an interscholastic athletic activity, such as a referee or umpire, including, but not limited to, persons enrolled as game officials by the Illinois High School Association or Illinois Elementary School Association.
"Interscholastic athletic activity" means any organized school-sponsored or school-sanctioned activity for students, generally outside of school instructional hours, under the direction of a coach, athletic director, or band leader, including, but not limited to, baseball, basketball, cheerleading, cross country track, fencing, field hockey, football, golf, gymnastics, ice hockey, lacrosse, marching band, rugby, soccer, skating, softball, swimming and diving, tennis, track (indoor and outdoor), ultimate Frisbee, volleyball, water polo, and wrestling. All interscholastic athletics are deemed to be interscholastic activities.
"Licensed healthcare professional" means a person who has experience with concussion management and who is a nurse, a psychologist who holds a license under the Clinical Psychologist Licensing Act and specializes in the practice of neuropsychology, a physical therapist licensed under the Illinois Physical Therapy Act, an occupational therapist licensed under the Illinois Occupational Therapy Practice Act, a physician assistant, or an athletic trainer.
"Nurse" means a person who is employed by or volunteers at a school and is licensed under the Nurse Practice Act as a registered nurse, practical nurse, or advanced practice registered nurse.
"Physician" means a physician licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.
"Physician assistant" means a physician assistant licensed under the Physician Assistant Practice Act of 1987.
"School" means any public or private elementary or secondary school, including a charter school.
"Student" means an adolescent or child enrolled in a school.
(c) This Section applies to any interscholastic athletic activity, including practice and competition, sponsored or sanctioned by a school, the Illinois Elementary School Association, or the Illinois High School Association. This Section applies beginning with the 2016-2017 school year.
(d) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall appoint or approve a concussion oversight team. Each concussion oversight team shall establish a return-to-play protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to interscholastic athletics practice or competition following a force or impact believed to have caused a concussion. Each concussion oversight team shall also establish a return-to-learn protocol, based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, for a student's return to the classroom after that student is believed to have experienced a concussion, whether or not the concussion took place while the student was participating in an interscholastic athletic activity.
Each concussion oversight team must include to the extent practicable at least one physician. If a school employs an athletic trainer, the athletic trainer must be a member of the school concussion oversight team to the extent practicable. If a school employs a nurse, the nurse must be a member of the school concussion oversight team to the extent practicable. At a minimum, a school shall appoint a person who is responsible for implementing and complying with the return-to-play and return-to-learn protocols adopted by the concussion oversight team. At a minimum, a concussion oversight team may be composed of only one person and this person need not be a licensed healthcare professional, but it may not be a coach. A school may appoint other licensed healthcare professionals to serve on the concussion oversight team.
(e) A student may not participate in an interscholastic athletic activity for a school year until the student and the student's parent or guardian or another person with legal authority to make medical decisions for the student have signed a form for that school year that acknowledges receiving and reading written information that explains concussion prevention, symptoms, treatment, and oversight and that includes guidelines for safely resuming participation in an athletic activity following a concussion. The form must be approved by the Illinois High School Association.
(f) A student must be removed from an interscholastic athletics practice or competition immediately if one of the following persons believes the student might have sustained a concussion during the practice or competition:
(1) a coach;
(2) a physician;
(3) a game official;
(4) an athletic trainer;
(5) the student's parent or guardian or another
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| person with legal authority to make medical decisions for the student;
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(6) the student; or
(7) any other person deemed appropriate under the
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| school's return-to-play protocol.
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(g) A student removed from an interscholastic athletics practice or competition under this Section may not be permitted to practice or compete again following the force or impact believed to have caused the concussion until:
(1) the student has been evaluated, using established
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| medical protocols based on peer-reviewed scientific evidence consistent with Centers for Disease Control and Prevention guidelines, by a treating physician (chosen by the student or the student's parent or guardian or another person with legal authority to make medical decisions for the student), an athletic trainer, an advanced practice registered nurse, or a physician assistant;
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(2) the student has successfully completed each
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| requirement of the return-to-play protocol established under this Section necessary for the student to return to play;
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(3) the student has successfully completed each
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| requirement of the return-to-learn protocol established under this Section necessary for the student to return to learn;
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(4) the treating physician, the athletic trainer, or
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| the physician assistant has provided a written statement indicating that, in the physician's professional judgment, it is safe for the student to return to play and return to learn or the treating advanced practice registered nurse has provided a written statement indicating that it is safe for the student to return to play and return to learn; and
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(5) the student and the student's parent or guardian
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| or another person with legal authority to make medical decisions for the student:
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(A) have acknowledged that the student has
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| completed the requirements of the return-to-play and return-to-learn protocols necessary for the student to return to play;
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(B) have provided the treating physician's,
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| athletic trainer's, advanced practice registered nurse's, or physician assistant's written statement under subdivision (4) of this subsection (g) to the person responsible for compliance with the return-to-play and return-to-learn protocols under this subsection (g) and the person who has supervisory responsibilities under this subsection (g); and
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(C) have signed a consent form indicating that
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(i) has been informed concerning and consents
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| to the student participating in returning to play in accordance with the return-to-play and return-to-learn protocols;
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(ii) understands the risks associated with
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| the student returning to play and returning to learn and will comply with any ongoing requirements in the return-to-play and return-to-learn protocols; and
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(iii) consents to the disclosure to
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| appropriate persons, consistent with the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), of the treating physician's, athletic trainer's, physician assistant's, or advanced practice registered nurse's written statement under subdivision (4) of this subsection (g) and, if any, the return-to-play and return-to-learn recommendations of the treating physician, the athletic trainer, the physician assistant, or the advanced practice registered nurse, as the case may be.
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A coach of an interscholastic athletics team may not authorize a student's return to play or return to learn.
The district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school shall supervise an athletic trainer or other person responsible for compliance with the return-to-play protocol and shall supervise the person responsible for compliance with the return-to-learn protocol. The person who has supervisory responsibilities under this paragraph may not be a coach of an interscholastic athletics team.
(h)(1) The Illinois High School Association shall approve, for coaches, game officials, and non-licensed healthcare professionals, training courses that provide for not less than 2 hours of training in the subject matter of concussions, including evaluation, prevention, symptoms, risks, and long-term effects. The Association shall maintain an updated list of individuals and organizations authorized by the Association to provide the training.
(2) The following persons must take a training course in accordance with paragraph (4) of this subsection (h) from an authorized training provider at least once every 2 years:
(A) a coach of an interscholastic athletic activity;
(B) a nurse, licensed healthcare professional, or
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| non-licensed healthcare professional who serves as a member of a concussion oversight team either on a volunteer basis or in his or her capacity as an employee, representative, or agent of a school; and
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(C) a game official of an interscholastic athletic
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(3) A physician who serves as a member of a concussion oversight team shall, to the greatest extent practicable, periodically take an appropriate continuing medical education course in the subject matter of concussions.
(4) For purposes of paragraph (2) of this subsection (h):
(A) a coach, game official, or non-licensed
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| healthcare professional, as the case may be, must take a course described in paragraph (1) of this subsection (h);
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(B) an athletic trainer must take a
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| concussion-related continuing education course from an athletic trainer continuing education sponsor approved by the Department;
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(C) a nurse must take a concussion-related continuing
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| education course from a nurse continuing education sponsor approved by the Department;
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(D) a physical therapist must take a
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| concussion-related continuing education course from a physical therapist continuing education sponsor approved by the Department;
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(E) a psychologist must take a concussion-related
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| continuing education course from a psychologist continuing education sponsor approved by the Department;
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(F) an occupational therapist must take a
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| concussion-related continuing education course from an occupational therapist continuing education sponsor approved by the Department; and
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(G) a physician assistant must take a
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| concussion-related continuing education course from a physician assistant continuing education sponsor approved by the Department.
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(5) Each person described in paragraph (2) of this subsection (h) must submit proof of timely completion of an approved course in compliance with paragraph (4) of this subsection (h) to the district superintendent or the superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school.
(6) A physician, licensed healthcare professional, or non-licensed healthcare professional who is not in compliance with the training requirements under this subsection (h) may not serve on a concussion oversight team in any capacity.
(7) A person required under this subsection (h) to take a training course in the subject of concussions must complete the training prior to serving on a concussion oversight team in any capacity.
(i) The governing body of each public or charter school and the appropriate administrative officer of a private school with students enrolled who participate in an interscholastic athletic activity shall develop a school-specific emergency action plan for interscholastic athletic activities to address the serious injuries and acute medical conditions in which the condition of the student may deteriorate rapidly. The plan shall include a delineation of roles, methods of communication, available emergency equipment, and access to and a plan for emergency transport. This emergency action plan must be:
(1) in writing;
(2) reviewed by the concussion oversight team;
(3) approved by the district superintendent or the
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| superintendent's designee in the case of a public elementary or secondary school, the chief school administrator or that person's designee in the case of a charter school, or the appropriate administrative officer or that person's designee in the case of a private school;
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(4) distributed to all appropriate personnel;
(5) posted conspicuously at all venues utilized by
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(6) reviewed annually by all athletic trainers, first
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| responders (including, but not limited to, emergency medical dispatchers), coaches, school nurses, athletic directors, and volunteers for interscholastic athletic activities.
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(j) The State Board of Education shall adopt rules as necessary to administer this Section, including, but not limited to, rules governing the informal or formal accommodation of a student who may have sustained a concussion during an interscholastic athletic activity.
(Source: P.A. 101-81, eff. 7-12-19; 102-1006, eff. 1-1-23 .)
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(105 ILCS 5/22-85.5) Sec. 22-85.5. Sexual misconduct in schools. (a) This Section applies beginning on July 1, 2022. (b) The General Assembly finds that: (1) the success of students in school relies on safe |
| learning environments and healthy relationships with school personnel;
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(2) it is important for staff to maintain a
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| professional relationship with students at all times and to define staff-student boundaries to protect students from sexual misconduct by staff and staff from the appearance of impropriety;
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(3) many breaches of staff-student boundaries do not
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| rise to the level of criminal behavior but do pose a potential risk to student safety;
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(4) repeated violations of staff–student boundaries
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| can indicate the grooming of a student for sexual abuse;
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(5) it is necessary to uphold the State Board of
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| Education's Code of Ethics for Illinois Educators and for each school district, charter school, or nonpublic school to have an employee code of professional conduct policy;
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(6) each school district, charter school, or
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| nonpublic school must have the ability to discipline educators for breaches of its employee code of professional conduct policy;
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(7) each school district, charter school, or
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| nonpublic school must have the ability to know if any of its educators have violated professional staff–student boundaries in previous employment; and
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(8) as bystanders, educators may have knowledge of
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| concerning behaviors that no one else is aware of, so they need adequate training on sexual abuse, the employee code of professional conduct policy, and federal and State reporting requirements.
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(c) In this Section, "sexual misconduct" means any act, including, but not limited to,
any verbal, nonverbal, written, or electronic communication or
physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following:
(1) A sexual or romantic invitation.
(2) Dating or soliciting a date.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments that are
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| directed toward or with a student.
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(5) Self-disclosure or physical exposure of a
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| sexual, romantic, or erotic nature.
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(6) A sexual, indecent, romantic, or erotic contact
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(d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following:
(1) Incorporates the Code of Ethics for Illinois
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(2) Incorporates the definition of "sexual
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| misconduct" in this Section.
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(3) Identifies the expectations for employees and
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| agents of the school district, charter school, or nonpublic school regarding how to maintain a professional relationship with students, including the expectations for staff-student boundaries, recognizing the age and developmental level of the students served, and establishes guidelines for all of the following situations:
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(A) Transporting a student.
(B) Taking or possessing a photo or a video of a
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(C) Meeting with a student or contacting a
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| student outside of the employee's or agent's professional role.
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(4) References the employee reporting requirements
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| required under the Abused and Neglected Child Reporting Act and under Title IX of the federal Education Amendments of 1972.
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(5) References required employee training that is
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| related to child abuse and educator ethics that are applicable under State and federal law.
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(e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school.
(f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.
(Source: P.A. 102-676, eff. 12-3-21.)
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(105 ILCS 5/22-85.10) Sec. 22-85.10. Parental notification of sexual misconduct. (a) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of an enrolled student, unless the student is at least 18 years of age or emancipated, with whom an employee, agent of the school, or a contractor of the school is alleged to have engaged in sexual misconduct as defined in subsection (c) of Section 22-85.5 of this Code. Notice provided to the parent or guardian of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include: (1) Consideration of the time frame for providing |
| notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code.
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(2) Prior to notification of the student's parents or
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| guardians, notification must first be provided to the student in a developmentally appropriate manner and include:
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(A) that notice will be given to the student's
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(B) what information will be included in the
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| notice to the student's parents or guardians;
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(C) available resources for the student within
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| the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and
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(D) beginning July 1, 2025, the name and
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| contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
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(3) After notification of the student as required
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| under paragraph (2), the student's parents or guardians shall be notified in writing:
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(A) of the alleged misconduct; and
(B) of available resources for the student
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| within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
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(4) Notification must be provided as soon as
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| feasible after the employing entity becomes aware that alleged misconduct may have occurred, subject to the requirements of subsection (f) of Section 22-85 of this Code.
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(b) The governing body of each school district, charter school, or nonpublic school shall implement a procedure under which notice is provided to the parents or guardians of a student, subject to subsection (a), when any formal action has been taken by the governing body relating to the employment of the alleged perpetrator following the investigation of sexual misconduct, including whether employment was terminated or whether the governing body accepted the resignation of the employee. Notice provided to the parents or guardians of a student with a disability must not conflict with the student's individualized education plan or a Section 504 plan under the federal Rehabilitation Act of 1973 and the requirements of applicable State or federal law. The procedure shall include:
(1) Consideration of the time frame for providing
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| notice to the student and the student's parents or guardians if the alleged sexual misconduct is also being investigated by the Illinois Department of Children and Family Services or law enforcement as described in Section 22-85 of this Code.
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(2) Prior to notification of the student's parents or
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| guardians, notification must first be provided to the student in a developmentally appropriate manner and include:
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(A) that notice will be given to the student's
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| parent or guardian of the governing body's action;
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(B) what information will be included in the
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| notice to the student's parents or guardians;
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(C) available resources for the student within
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| the school and community in accordance with Article 26A of this Code and available counseling services under Section 3-550 of the Mental Health and Developmental Disabilities Code; and
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(D) beginning July 1, 2025, the name and contact
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| information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
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(3) After notification of the student as required
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| in paragraph (2), the student's parents or guardians shall be notified in writing:
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(A) of the governing body's action;
(B) whether a report concerning the alleged
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| sexual misconduct was or will be submitted to the State Superintendent of Education and the applicable regional superintendent of schools pursuant to Section 10-21.9 of this Code; and
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(C) of available resources for the student
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| within the school and the community in accordance with Article 26A of this Code and, beginning on July 1, 2025, the name and contact information for the domestic and sexual violence and parenting resource coordinator under Section 26A-35 of this Code.
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(4) Notification must be provided as soon as feasible
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| after the board action is taken, subject to the requirements of subsection (f) of Section 22-85 of this Code.
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(5) For the purposes of subsection (b), if the
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| student is no longer enrolled at the time formal action is taken, sending written notice to the last known address in the student's file fulfills notification requirements.
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(c) Notwithstanding any other provision of this Section, notification to the student prior to notification of the student's parents or guardians shall not be required to the extent an employee or agent of the school district, charter school, or nonpublic school deems it necessary to address an imminent risk of serious physical injury or death of a student or another person, including the victim. If prior notification to the student is not given, notification to the student shall be provided as soon as practicable and without delay following the notification to the student's parents or guardians.
(d) Subsections (a) and (b) shall not apply if the student's parent or guardian is the alleged perpetrator of the misconduct.
(Source: P.A. 102-702, eff. 7-1-23 .)
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(105 ILCS 5/22-94) Sec. 22-94. Employment history review. (a) This Section applies to all permanent and temporary positions for employment with a school or a contractor of a school involving direct contact with children or students. (b) In this Section: "Contractor" means firms holding contracts with any school including, but not limited to, food service workers, school bus drivers and other transportation employees, who have direct contact with children or students. "Direct contact with children or students" means the possibility of care, supervision, guidance, or control of children or students or routine interaction with children or students. "School" means a public or nonpublic elementary or secondary school. "Sexual misconduct" has the meaning ascribed to it in subsection (c) of Section 22-85.5 of this Code. (c) Prior to hiring an applicant to work directly with children or students, a school or contractor must ensure that the following criteria are met: (1) the school or contractor has no knowledge or |
| information pertaining to the applicant that would disqualify the applicant from employment;
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(2) the applicant swears or affirms that the
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| applicant is not disqualified from employment;
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(3) using the template developed by the State Board
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| of Education, the applicant provides all of the following:
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(A) a list, including the name, address,
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| telephone number, and other relevant contact information of the following:
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(i) the applicant's current employer;
(ii) all former employers of the applicant
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| that were schools or school contractors, as well as all former employers at which the applicant had direct contact with children or students;
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(B) A written authorization that consents to
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| and authorizes disclosure by the applicant's current and former employers under subparagraph (A) of this paragraph (3) of the information requested under paragraph (4) of this subsection (c) and the release of related records and that releases those employers from any liability that may arise from such disclosure or release of records pursuant to subsection (e).
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(C) A written statement of whether the
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(i) has been the subject of a sexual
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| misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
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(ii) has ever been discharged from, been
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| asked to resign from, resigned from, or otherwise been separated from any employment, has ever been disciplined by an employer, or has ever had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
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(iii) has ever had a license or
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| certificate suspended, surrendered, or revoked or had an application for licensure, approval, or endorsement denied due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
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(4) The school or contractor shall initiate a
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| review of the employment history of the applicant by contacting those employers listed by the applicant under subparagraph (A) of paragraph (3) of this subsection (c) and, using the template developed by the State Board of Education, request all of the following information:
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(A) the dates of employment of the applicant;
(B) a statement as to whether the applicant:
(i) has been the subject of a sexual
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| misconduct allegation, unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
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(ii) was discharged from, was asked to
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| resign from, resigned from, or was otherwise separated from any employment, was disciplined by the employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
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(iii) has ever had a license or
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| certificate suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
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(C) The template shall include the following
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| option: if the employer does not have records or evidence regarding the questions in items (i) through (iii) of subparagraph (B) of paragraph (4) of subsection (c), the employer may state that there is no knowledge of information pertaining to the applicant that would disqualify the applicant from employment.
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(5) For applicants licensed by the State Board of
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| Education, the school district, charter school, or nonpublic school shall verify the applicant's reported previous employers with previous employers in the State Board of Education's educator licensure database to ensure accuracy.
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(d) An applicant who provides false information or willfully fails to disclose information required in subsection (c) shall be subject to discipline, up to and including termination or denial of employment.
(e) No later than 20 days after receiving a request for information required under paragraph (4) of subsection (c), an employer who has or had an employment relationship with the applicant shall disclose the information requested. If the employer has an office of human resources or a central office, information shall be provided by that office. The employer who has or had an employment relationship with the
applicant shall disclose the information on the template developed by the State Board of Education. For any affirmative response to items (i) through (iii) of subparagraph (B) of paragraph (4) or subsection (c), the employer who has or had an employment relationship with the
applicant shall provide additional information about the matters disclosed and all related records.
A school shall complete the template at time of separation from employment, or at the request of the employee, and maintain it as part of the employee's personnel file. If the school completes an investigation after an employee's separation from employment, the school shall update the information accordingly.
Information received under this Section shall not be deemed a public record.
A school or contractor who receives information under this subsection (e) may use the information for the purpose of evaluating an applicant's fitness to be hired or for continued employment and may report the information, as appropriate, to the State Board of Education, a State licensing agency, a law enforcement agency, a child protective services agency, another school or contractor, or a prospective employer.
An employer, school, school administrator, or contractor who provides information or records about a current or former employee or applicant under this Section is immune from criminal and civil liability for the disclosure of the information or records, unless the information or records provided were knowingly false. This immunity shall be in addition to and not a limitation on any other immunity provided by law or any absolute or conditional privileges applicable to the disclosure by virtue of the circumstances or the applicant's consent to the disclosure and shall extent to any circumstances when the employer, school, school administrator, or contractor in good faith shares findings of sexual misconduct with another employer.
Unless the laws of another state prevent the release of the information or records requested or disclosure is restricted by the terms of a contract entered into prior to the effective date of this amendatory Act of the 102nd General Assembly, and notwithstanding any other provisions of law to the contrary, an employer, school, school administrator, contractor, or applicant shall report and disclose, in accordance with this Section, all relevant information, records, and documentation that may otherwise be confidential.
(f) A school or contractor may not hire an applicant who does not provide the information required under subsection (c) for a position involving direct contact with children or students.
(g) Beginning on the effective date of this amendatory Act of the 102nd General Assembly, a school or contractor may not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
(1) has the effect of suppressing information
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| concerning a pending investigation or a completed investigation in which an allegation was substantiated related to a report of suspected sexual misconduct by a current or former employee;
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|
(2) affects the ability of the school or contractor
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| to report suspected sexual misconduct to the appropriate authorities; or
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|
(3) requires the school or contractor to expunge
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| information about allegations or findings of suspected sexual misconduct from any documents maintained by the school or contractor, unless, after an investigation, an allegation is found to be false, unfounded, or unsubstantiated.
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|
(h) Any provision of an employment contract or agreement for resignation or termination or a severance agreement that is executed, amended, or entered into on or after the effective date of this amendatory Act of the 102nd General Assembly and that is contrary to this Section is void and unenforceable.
(i) For substitute employees, all of the following apply:
(1) The employment history review required by this
|
| Section is required only prior to the initial hiring of a substitute employee or placement on a school's approved substitute list and shall remain valid as long as the substitute employee continues to be employed by the same school or remains on the school's approved substitute list.
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|
(2) A substitute employee seeking to be added to
|
| another school's substitute list shall undergo an additional employment history review under this Section. Except as otherwise provided in paragraph (3) of this subsection (i) or in subsection (k), the appearance of a substitute employee on one school's substitute list does not relieve another school from compliance with this Section.
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|
(3) An employment history review conducted upon
|
| initial hiring of a substitute employee by contractor or any other entity that furnishes substitute staffing services to schools shall satisfy the requirements of this Section for all schools using the services of that contractor or other entity.
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|
(4) A contractor or any other entity furnishing
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| substitute staffing services to schools shall comply with paragraphs (3) and (4) of subsection (j).
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|
(j) For employees of contractors, all of the following apply:
(1) The employment history review required by this
|
| Section shall be performed, either at the time of the initial hiring of an employee or prior to the assignment of an existing employee to perform work for a school in a position involving direct contact with children or students. The review shall remain valid as long as the employee remains employed by the same contractor, even if assigned to perform work for other schools.
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|
(2) A contractor shall maintain records documenting
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| employment history reviews for all employees as required by this Section and, upon request, shall provide a school for whom an employee is assigned to perform work access to the records pertaining to that employee.
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|
(3) Prior to assigning an employee to perform work
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| for a school in a position involving direct contact with children or students, the contractor shall inform the school of any instance known to the contractor in which the employee:
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|
(A) has been the subject of a sexual misconduct
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| allegation unless a subsequent investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated;
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|
(B) has ever been discharged, been asked to
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| resign from, resigned from, or otherwise been separated from any employment, been removed from a substitute list, been disciplined by an employer, or had an employment contract not renewed due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated; or
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|
(C) has ever had a license or certificate
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| suspended, surrendered, or revoked due to an adjudication or finding of sexual misconduct or while an allegation of sexual misconduct was pending or under investigation, unless the investigation resulted in a finding that the allegation was false, unfounded, or unsubstantiated.
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|
(4) The contractor may not assign an employee to
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| perform work for a school in a position involving direct contact with children or students if the school objects to the assignment after being informed of an instance listed in paragraph (3).
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|
(k) An applicant who has undergone an employment history review under this Section and seeks to transfer to or provide services to another school in the same school district, diocese, or religious jurisdiction, or to another school established and supervised by the same organization is not required to obtain additional reports under this Section before transferring.
(l) Nothing in this Section shall be construed:
(1) to prevent a prospective employer from
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| conducting further investigations of prospective employees or from requiring applicants to provide additional background information or authorizations beyond what is required under this Section, nor to prevent a current or former employer from disclosing more information than what is required under this Section;
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|
(2) to relieve a school, school employee,
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| contractor of the school, or agent of the school from any legal responsibility to report sexual misconduct in accordance with State and federal reporting requirements;
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|
(3) to relieve a school, school employee,
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| contractor of the school, or agent of the school from any legal responsibility to implement the provisions of Section 7926 of Chapter 20 of the United States Code; or
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|
(4) to prohibit the right of the exclusive
|
| bargaining representative under a collective bargaining agreement to grieve and arbitrate the validity of an employee's termination or discipline for just cause.
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|
(m) The State Board of Education shall develop the templates required under paragraphs (3) and (4) of subsection (c).
(Source: P.A. 102-702, eff. 7-1-23 .)
|
(105 ILCS 5/22-95) (Text of Section from P.A. 103-413) (Section scheduled to be repealed on February 1, 2029) Sec. 22-95. Whole Child Task Force. (a) The General Assembly makes all of the following findings: (1) The COVID-19 pandemic has exposed systemic |
| inequities in American society. Students, educators, and families throughout this State have been deeply affected by the pandemic, and the impact of the pandemic will be felt for years to come. The negative consequences of the pandemic have impacted students and communities differently along the lines of race, income, language, and special needs. However, students in this State faced significant unmet physical health, mental health, and social and emotional needs even prior to the pandemic.
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|
(2) The path to recovery requires a commitment from
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| adults in this State to address our students cultural, physical, emotional, and mental health needs and to provide them with stronger and increased systemic support and intervention.
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|
(3) It is well documented that trauma and toxic
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| stress diminish a child's ability to thrive. Forms of childhood trauma and toxic stress include adverse childhood experiences, systemic racism, poverty, food and housing insecurity, and gender-based violence. The COVID-19 pandemic has exacerbated these issues and brought them into focus.
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|
(4) It is estimated that, overall, approximately 40%
|
| of children in this State have experienced at least one adverse childhood experience and approximately 10% have experienced 3 or more adverse childhood experiences. However, the number of adverse childhood experiences is higher for Black and Hispanic children who are growing up in poverty. The COVID-19 pandemic has amplified the number of students who have experienced childhood trauma. Also, the COVID-19 pandemic has highlighted preexisting inequities in school disciplinary practices that disproportionately impact Black and Brown students. Research shows, for example, that girls of color are disproportionately impacted by trauma, adversity, and abuse, and instead of receiving the care and trauma-informed support they may need, many Black girls in particular face disproportionately harsh disciplinary measures.
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|
(5) The cumulative effects of trauma and toxic stress
|
| adversely impact the physical health of students, as well as the students' ability to learn, form relationships, and self-regulate. If left unaddressed, these effects increase a student's risk for depression, alcoholism, anxiety, asthma, smoking, and suicide, all of which are risks that disproportionately affect Black youth and may lead to a host of medical diseases as an adult. Access to infant and early childhood mental health services is critical to ensure the social and emotional well-being of this State's youngest children, particularly those children who have experienced trauma.
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|
(6) Although this State enacted measures through
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| Public Act 100-105 to address the high rate of early care and preschool expulsions of infants, toddlers, and preschoolers and the disproportionately higher rate of expulsion for Black and Hispanic children, a recent study found a wide variation in the awareness, understanding, and compliance with the law by providers of early childhood care. Further work is needed to implement the law, which includes providing training to early childhood care providers to increase the providers' understanding of the law, increasing the availability and access to infant and early childhood mental health services, and building aligned data collection systems to better understand expulsion rates and to allow for accurate reporting as required by the law.
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|
(7) Many educators and schools in this State have
|
| embraced and implemented evidence-based restorative justice and trauma-responsive and culturally relevant practices and interventions. However, the use of these interventions on students is often isolated or is implemented occasionally and only if the school has the appropriate leadership, resources, and partners available to engage seriously in this work. It would be malpractice to deny our students access to these practices and interventions, especially in the aftermath of a once-in-a-century pandemic.
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|
(b) The Whole Child Task Force created by Public Act 101-654 is reestablished for the purpose of establishing an equitable, inclusive, safe, and supportive environment in all schools for every student in this State. The task force shall have all of the following goals, which means key steps have to be taken to ensure that every child in every school in this State has access to teachers, social workers, school leaders, support personnel, and others who have been trained in evidence-based interventions and restorative practices:
(1) To create a common definition of a
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| trauma-responsive school, a trauma-responsive district, and a trauma-responsive community.
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|
(2) To outline the training and resources required to
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| create and sustain a system of support for trauma-responsive schools, districts, and communities and to identify this State's role in that work, including recommendations concerning options for redirecting resources from school resource officers to classroom-based support.
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|
(3) To identify or develop a process to conduct an
|
| analysis of the organizations that provide training in restorative practices, implicit bias, anti-racism, and trauma-responsive systems, mental health services, and social and emotional services to schools.
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|
(4) To provide recommendations concerning the key
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| data to be collected and reported to ensure that this State has a full and accurate understanding of the progress toward ensuring that all schools, including programs and providers of care to pre-kindergarten children, employ restorative, anti-racist, and trauma-responsive strategies and practices. The data collected must include information relating to the availability of trauma responsive support structures in schools, as well as disciplinary practices employed on students in person or through other means, including during remote or blended learning. It should also include information on the use of and funding for school resource officers and other similar police personnel in school programs.
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|
(5) To recommend an implementation timeline,
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| including the key roles, responsibilities, and resources to advance this State toward a system in which every school, district, and community is progressing toward becoming trauma-responsive.
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|
(6) To seek input and feedback from stakeholders,
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| including parents, students, and educators, who reflect the diversity of this State.
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|
(7) To recommend legislation, policies, and practices
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| to prevent learning loss in students during periods of suspension and expulsion, including, but not limited to, remote instruction.
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|
(c) Members of the Whole Child Task Force shall be appointed by the State Superintendent of Education. Members of this task force must represent the diversity of this State and possess the expertise needed to perform the work required to meet the goals of the task force set forth under subsection (a). Members of the task force shall include all of the following:
(1) One member of a statewide professional teachers'
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|
(2) One member of another statewide professional
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|
(3) One member who represents a school district
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| serving a community with a population of 500,000 or more.
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|
(4) One member of a statewide organization
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| representing social workers.
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|
(5) One member of an organization that has specific
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| expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
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|
(6) One member of another organization that has
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| specific expertise in trauma-responsive school practices and experience in supporting schools in developing trauma-responsive and restorative practices.
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|
(7) One member of a statewide organization that
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| represents school administrators.
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|
(8) One member of a statewide policy organization
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| that works to build a healthy public education system that prepares all students for a successful college, career, and civic life.
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|
(9) One member of a statewide organization that
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| brings teachers together to identify and address issues critical to student success.
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|
(10) One member of the General Assembly recommended
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| by the President of the Senate.
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|
(11) One member of the General Assembly recommended
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| by the Speaker of the House of Representatives.
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|
(12) One member of the General Assembly recommended
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| by the Minority Leader of the Senate.
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|
(13) One member of the General Assembly recommended
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| by the Minority Leader of the House of Representatives.
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|
(14) One member of a civil rights organization that
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| works actively on issues regarding student support.
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|
(15) One administrator from a school district that
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| has actively worked to develop a system of student support that uses a trauma-informed lens.
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|
(16) One educator from a school district that has
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| actively worked to develop a system of student support that uses a trauma-informed lens.
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|
(17) One member of a youth-led organization.
(18) One member of an organization that has
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| demonstrated expertise in restorative practices.
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|
(19) One member of a coalition of mental health and
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| school practitioners who assist schools in developing and implementing trauma-informed and restorative strategies and systems.
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|
(20) One member of an organization whose mission is
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| to promote the safety, health, and economic success of children, youth, and families in this State.
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|
(21) One member who works or has worked as a
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| restorative justice coach or disciplinarian.
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|
(22) One member who works or has worked as a social
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|
(23) One member of the State Board of Education.
(24) One member who represents a statewide
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| principals' organization.
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|
(25) One member who represents a statewide
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| organization of school boards.
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|
(26) One member who has expertise in pre-kindergarten
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|
(27) One member who represents a school social worker
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|
(28) One member who represents an organization that
|
| represents school districts in the south suburbs of the City of Chicago.
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|
(29) One member who is a licensed clinical
|
| psychologist who (i) has a doctor of philosophy in the field of clinical psychology and has an appointment at an independent free-standing children's hospital located in the City of Chicago, (ii) serves as an associate professor at a medical school located in the City of Chicago, and (iii) serves as the clinical director of a coalition of voluntary collaboration of organizations that are committed to applying a trauma lens to the member's efforts on behalf of families and children in the State.
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|
(30) One member who represents a school district in
|
| the west suburbs of the City of Chicago.
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|
(31) One member from a governmental agency who has
|
| expertise in child development and who is responsible for coordinating early childhood mental health programs and services.
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|
(32) One member who has significant expertise in
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| early childhood mental health and childhood trauma.
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|
(33) One member who represents an organization that
|
| represents school districts in the collar counties around the City of Chicago.
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|
(34) One member who represents an organization
|
| representing regional offices of education.
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|
(d) The Whole Child Task Force shall meet at the call of the State Superintendent of Education or his or her designee, who shall serve as the chairperson. The State Board of Education shall provide administrative and other support to the task force. Members of the task force shall serve without compensation.
(e) The Whole Child Task Force shall reconvene by March 2027 to review progress on the recommendations in the March 2022 report submitted pursuant to Public Act 101-654 and shall submit a new report on its assessment of the State's progress and any additional recommendations to the General Assembly, the Illinois Legislative Black Caucus, the State Board of Education, and the Governor on or before December 31, 2027.
(f) This Section is repealed on February 1, 2029.
(Source: P.A. 103-413, eff. 1-1-24.)
(Text of Section from P.A. 103-472)
(This Section may contain text from a Public Act with a delayed effective date )
Sec. 22-95. Policy on discrimination, harassment, and retaliation; response procedures.
(a) As used in this Section, "policy" means either the use of a singular policy or multiple policies.
(b) Each school district, charter school, or nonpublic, nonsectarian elementary or secondary school must create, implement, and maintain at least one written policy that prohibits discrimination and harassment based on race, color, and national origin and prohibits retaliation. The policy may be included as part of a broader anti-harassment or anti-discrimination policy, provided that the policy prohibiting discrimination and harassment based on race, color, and national origin and retaliation shall be distinguished with an appropriate title, heading, or label. This policy must comply with and be distributed in accordance with all of the following:
(1) The policy must be in writing and must include at
|
| a minimum, the following information:
|
|
(A) descriptions of various forms of
|
| discrimination and harassment based on race, color, and national origin, including examples;
|
|
(B) the school district's, charter school's, or
|
| nonpublic, nonsectarian elementary or secondary school's internal process for filing a complaint regarding a violation of the policy described in this subsection, or a reference to that process if described elsewhere in policy;
|
|
(C) an overview of the school district's, charter
|
| school's, or nonpublic, nonsectarian elementary or secondary school's prevention and response program pursuant to subsection (c);
|
|
(D) potential remedies for a violation of the
|
| policy described in this subsection;
|
|
(E) a prohibition on retaliation for making a
|
| complaint or participating in the complaint process;
|
|
(F) the legal recourse available through the
|
| Department of Human Rights and through federal agencies if a school district, charter school, or nonpublic, nonsectarian elementary or secondary school fails to take corrective action, or a reference to that process if described elsewhere in policy; and
|
|
(G) directions on how to contact the Department
|
| of Human Rights or a reference to those directions if described elsewhere in the policy.
|
|
The policy shall make clear that the policy does not
|
| impair or otherwise diminish the rights of unionized employees under federal law, State law, or a collective bargaining agreement to request an exclusive bargaining representative to be present during investigator interviews, nor does the policy diminish any rights available under the applicable negotiated collective bargaining agreement, including, but not limited to, the grievance procedure.
|
|
(2) The policy described in this subsection shall be
|
| posted in a prominent and accessible location and distributed in such a manner as to ensure notice of the policy to all employees. If the school district, charter school, or nonpublic, nonsectarian elementary or secondary school maintains an Internet website or has an employee Intranet, the website or Intranet shall be considered a prominent and accessible location for the purpose of this paragraph (2). Posting and distribution shall be effectuated by the beginning of the 2024-2025 school year and shall occur annually thereafter.
|
|
(3) The policy described in this subsection shall be
|
| published on the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's Internet website, if one exists, and in a student handbook, if one exists. A summary of the policy in accessible, age-appropriate language shall be distributed annually to students and to the parents or guardians of minor students. School districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools shall provide a summary of the policy in the parent or guardian's native language. For the annual distribution of the summary, inclusion of the summary in a student handbook is deemed compliant.
|
|
(c) Each school district, charter school, and nonpublic, nonsectarian elementary or secondary school must establish procedures for responding to complaints of discrimination and harassment based on race, color, and national origin and retaliation. These procedures must comply with subsection (b) of this Section. Based on these procedures, school districts, charter schools, and nonpublic, nonsectarian elementary or secondary schools:
(1) shall reduce or remove, to the extent
|
| practicable, barriers to reporting discrimination, harassment, and retaliation;
|
|
(2) shall permit any person who reports or is the
|
| victim of an incident of alleged discrimination, harassment, or retaliation to be accompanied when making a report by a support individual of the person's choice who complies with the school district's, charter school's, or nonpublic, nonsectarian elementary or secondary school's policies or rules;
|
|
(3) shall permit anonymous reporting, except that
|
| this paragraph (3) may not be construed to permit formal disciplinary action solely on the basis of an anonymous report;
|
|
(4) shall offer remedial interventions or take such
|
| disciplinary action as may be appropriate on a case-by-case basis;
|
|
(5) may offer, but not require or unduly influence, a
|
| person who reports or is the victim of an incident of discrimination, harassment, or retaliation the option to resolve allegations directly with the offender; and
|
|
(6) may not cause a person who reports or is the
|
| victim of an incident of discrimination, harassment, or retaliation to suffer adverse consequences as a result of a report of, an investigation of, or a response to the incident; this protection may not permit victims to engage in retaliation against the offender or limit a school district, charter school, or nonpublic, nonsectarian elementary or secondary school from applying disciplinary measures in response to other acts or conduct not related to the process of reporting, investigating, or responding to a report of an incident of discrimination, harassment, or retaliation.
|
|
(Source: P.A. 103-472, eff. 8-1-24.)
(Text of Section from P.A. 103-481)
Sec. 22-95. Retirement and deferred compensation plans.
(a) This Section applies only to school districts, other than a school district organized under Article 34, with a full-time licensed teacher population of 575 or more teachers that maintain a 457 plan. Every applicable school district shall make available to participants more than one financial institution or investment provider to provide services to the school district's 457 plan.
(b) A financial institution or investment provider, by entering into a written agreement, may offer or provide services to a plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 if the written agreement is not combined with any other written agreement for the administration of the school district's 457 plan.
Each school district that offers a 457 plan shall make available to participants, in the manner provided in subsection (d), more than one financial institution or investment provider that has not entered into a written agreement to provide administration services and that provides services to a 457 plan offered to school districts.
(c) A financial institution or investment provider providing services for any plan offered, established, or maintained by a school district under Section 457 of the Internal Revenue Code of 1986 shall:
(1) enter into an agreement with the school district
|
| or the school district's independent compliance administrator that requires the financial institution or investment provider to provide, in an electronic format, all data necessary for the administration of the 457 plan, as determined by the school district or the school district's compliance administrator;
|
|
(2) provide all data required by the school district
|
| or the school district's compliance administrator to facilitate disclosure of all fees, charges, expenses, commissions, compensation, and payments to third parties related to investments offered under the 457 plan; and
|
|
(3) cover all plan administration costs agreed to by
|
| the school district relating to the administration of the 457 plan.
|
|
(d) A school district that offers, establishes, or maintains a plan under Section 457 of the Internal Revenue Code of 1986, except for a plan established under Section 16-204 of the Illinois Pension Code, shall select more than one financial institution or investment provider, in addition to the financial institution or investment provider that has entered into a written agreement under subsection (b), to provide services to the 457 plan. A financial institution or investment provider shall be designated a 457 plan provider if the financial institution or investment provider enters into an agreement in accordance with subsection (c).
(e) A school district shall have one year after the effective date of this amendatory Act of the 103rd General Assembly to find a 457 plan provider under this Section.
(f) Nothing in this Section shall apply to or impact the optional defined contribution benefit established by the Teachers' Retirement System of the State of Illinois under Section 16-204 of the Illinois Pension Code. Notwithstanding the foregoing, the Teachers' Retirement System may elect to share plan data for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code with the school district, upon request by the school district, in order to facilitate school districts' compliance with this Section and Section 457 of the Internal Revenue Code of 1986. If a school district requests that the Teachers' Retirement System share plan information for the 457 plan established pursuant to Section 16-204 of the Illinois Pension Code, the Teachers' Retirement System may assess a fee on the applicable school district.
(Source: P.A. 103-481, eff. 1-1-24.)
(Text of Section from P.A. 103-497)
(Section scheduled to be repealed on December 31, 2031)
Sec. 22-95. Rural Education Advisory Council.
(a) The Rural Education Advisory Council is created as a statewide advisory council to exchange thoughtful dialogue concerning the needs, challenges, and opportunities of rural schools districts and to provide policy recommendations to the State. The Council shall perform all of the following functions:
(1) Convey and impart the perspective of rural
|
| communities and provide context during policy discussions on various statewide issues with the State Superintendent of Education.
|
|
(2) Present to the State Superintendent of Education
|
| the opportunity to speak directly with representatives of rural communities on various policy and legal issues, to present feedback on critical issues facing rural communities, to generate ideas, and to communicate information to the State Superintendent.
|
|
(3) Provide feedback about this State's
|
| pre-kindergarten through grade 12 practices and policies so that the application of policies in rural areas may be more fully understood.
|
|
(b) The Council shall consist of all of the following members:
(1) The State Superintendent of Education or his or
|
|
(2) One representative of an association representing
|
| rural and small schools, appointed by the State Superintendent of Education.
|
|
(3) Five superintendents of rural school districts
|
| who represent 3 super-regions of this State and who are recommended by an association representing rural and small schools, appointed by the State Superintendent of Education.
|
|
(4) One principal from a rural school district
|
| recommended by a statewide organization representing school principals, appointed by the State Superintendent of Education.
|
|
(5) One representative from a rural school district
|
| recommended by a statewide organization representing school boards, appointed by the State Superintendent of Education.
|
|
(6) One representative of a statewide organization
|
| representing district superintendents, appointed by the State Superintendent of Education.
|
|
(7) One representative of a statewide organization
|
| representing regional superintendents of schools, appointed by the State Superintendent of Education.
|
|
(8) One student who is at least 15 years old, who is
|
| a member of the State Board of Education's Student Advisory Council, and who is from a rural school district, appointed by the State Superintendent of Education.
|
|
Council members must reflect, as much as possible, the racial and ethnic diversity of this State.
Council members shall serve without compensation but shall be reimbursed for their reasonable and necessary expenses from funds appropriated to the State Board of Education for that purpose, subject to the rules of the appropriate travel control board.
(c) The Council shall meet initially at the call of the State Superintendent of Education, shall select one member as chairperson at its initial meeting, and shall thereafter meet at the call of the chairperson.
(d) The State Board of Education shall provide administrative and other support to the Council as needed.
(e) The Council is dissolved and this Section is repealed on December 31, 2031.
(Source: P.A. 103-497, eff. 1-1-24 .)
|