Rep. Anna Moeller

Filed: 5/6/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 449

2    AMENDMENT NO. ______. Amend Senate Bill 449 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Sections
510-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
634-18.24 and by adding Article 26A as follows:
 
7    (105 ILCS 5/10-21.3a)
8    Sec. 10-21.3a. Transfer of students.
9    (a) Each school board shall establish and implement a
10policy governing the transfer of a student from one attendance
11center to another within the school district upon the request
12of the student's parent or guardian. A student may not transfer
13to any of the following attendance centers, except by change in
14residence if the policy authorizes enrollment based on
15residence in an attendance area or unless approved by the board
16on an individual basis:

 

 

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1        (1) An attendance center that exceeds or as a result of
2    the transfer would exceed its attendance capacity.
3        (2) An attendance center for which the board has
4    established academic criteria for enrollment if the
5    student does not meet the criteria.
6        (3) Any attendance center if the transfer would prevent
7    the school district from meeting its obligations under a
8    State or federal law, court order, or consent decree
9    applicable to the school district.
10    (b) Each school board shall establish and implement a
11policy governing the transfer of students within a school
12district from a persistently dangerous school to another public
13school in that district that is not deemed to be persistently
14dangerous. In order to be considered a persistently dangerous
15school, the school must meet all of the following criteria for
162 consecutive years:
17        (1) Have greater than 3% of the students enrolled in
18    the school expelled for violence-related conduct.
19        (2) Have one or more students expelled for bringing a
20    firearm to school as defined in 18 U.S.C. 921.
21        (3) Have at least 3% of the students enrolled in the
22    school exercise the individual option to transfer schools
23    pursuant to subsection (c) of this Section.
24    (c) A student may transfer from one public school to
25another public school in that district if the student is a
26victim of a violent crime as defined in Section 3 of the Rights

 

 

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1of Crime Victims and Witnesses Act. The violent crime must have
2occurred on school grounds during regular school hours or
3during a school-sponsored event.
4    (d) (Blank).
5    (e) Notwithstanding any other provision of this Code, a
6student who is a victim of gender-based violence, as defined in
7Article 26A, must be permitted to transfer schools immediately
8and as needed, including to a school in another school
9district, if the student's continued attendance at a particular
10attendance center, school facility, or school location poses a
11risk to the student's mental or physical well-being or safety.
12A transfer under this subsection within the student's current
13school district must be considered before a transfer into a
14different school district. The school district the student
15transfers to must be an adjoining school district, unless there
16is no attendance center, school facility, or school location in
17that district in which the student's attendance poses no risk
18to the student's mental or physical well-being or safety. The
19school district the student seeks to transfer to may deny a
20transfer to a particular attendance center if (i) the
21attendance center exceeds or, as a result of the transfer,
22would exceed its attendance capacity, (ii) the student does not
23meet the attendance center's academic criteria for enrollment,
24or (iii) the transfer would prevent the school district from
25meeting obligations under State or federal law, a court order,
26or a consent decree. If no adjoining school district is

 

 

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1available for transfer, the student may transfer to another
2school district, unless there is no attendance center, school
3facility, or school location in that district in which the
4student's attendance poses no risk to the student's mental or
5physical well-being or safety. The school district the student
6seeks to transfer to may deny a transfer to a particular
7attendance center if any of the situations described in items
8(i) through (iii) of this subsection apply. A school district
9must waive tuition for a student who transfers under this
10subsection to the school district and is a nonresident. A
11student who transfers to another school under this subsection
12due to gender-based violence must have full and immediate
13access to extracurricular activities and any programs or
14activities offered by or under the auspices of the school to
15which the student has transferred. A school district may not
16require a student who is a victim of gender-based violence to
17transfer to another school or school district. No adverse or
18prejudicial effects may result to any student who is a victim
19of gender-based violence because of the student availing
20himself or herself of or declining the provisions of this
21subsection.
22(Source: P.A. 100-1046, eff. 8-23-18.)
 
23    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
24    Sec. 10-22.6. Suspension or expulsion of pupils; school
25searches.

 

 

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1    (a) To expel pupils guilty of gross disobedience or
2misconduct, including gross disobedience or misconduct
3perpetuated by electronic means, pursuant to subsection (b-20)
4of this Section, and no action shall lie against them for such
5expulsion. Expulsion shall take place only after the parents
6have been requested to appear at a meeting of the board, or
7with a hearing officer appointed by it, to discuss their
8child's behavior. Such request shall be made by registered or
9certified mail and shall state the time, place and purpose of
10the meeting. The board, or a hearing officer appointed by it,
11at such meeting shall state the reasons for dismissal and the
12date on which the expulsion is to become effective. If a
13hearing officer is appointed by the board, he shall report to
14the board a written summary of the evidence heard at the
15meeting and the board may take such action thereon as it finds
16appropriate. If the board acts to expel a pupil, the written
17expulsion decision shall detail the specific reasons why
18removing the pupil from the learning environment is in the best
19interest of the school. The expulsion decision shall also
20include a rationale as to the specific duration of the
21expulsion. An expelled pupil may be immediately transferred to
22an alternative program in the manner provided in Article 13A or
2313B of this Code. A pupil must not be denied transfer because
24of the expulsion, except in cases in which such transfer is
25deemed to cause a threat to the safety of students or staff in
26the alternative program.

 

 

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1    (b) To suspend or by policy to authorize the superintendent
2of the district or the principal, assistant principal, or dean
3of students of any school to suspend pupils guilty of gross
4disobedience or misconduct, or to suspend pupils guilty of
5gross disobedience or misconduct on the school bus from riding
6the school bus, pursuant to subsections (b-15) and (b-20) of
7this Section, and no action shall lie against them for such
8suspension. The board may by policy authorize the
9superintendent of the district or the principal, assistant
10principal, or dean of students of any school to suspend pupils
11guilty of such acts for a period not to exceed 10 school days.
12If a pupil is suspended due to gross disobedience or misconduct
13on a school bus, the board may suspend the pupil in excess of
1410 school days for safety reasons.
15    Any suspension shall be reported immediately to the parents
16or guardian of a pupil along with a full statement of the
17reasons for such suspension and a notice of their right to a
18review. The school board must be given a summary of the notice,
19including the reason for the suspension and the suspension
20length. Upon request of the parents or guardian, the school
21board or a hearing officer appointed by it shall review such
22action of the superintendent or principal, assistant
23principal, or dean of students. At such review, the parents or
24guardian of the pupil may appear and discuss the suspension
25with the board or its hearing officer. If a hearing officer is
26appointed by the board, he shall report to the board a written

 

 

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1summary of the evidence heard at the meeting. After its hearing
2or upon receipt of the written report of its hearing officer,
3the board may take such action as it finds appropriate. If a
4student is suspended pursuant to this subsection (b), the board
5shall, in the written suspension decision, detail the specific
6act of gross disobedience or misconduct resulting in the
7decision to suspend. The suspension decision shall also include
8a rationale as to the specific duration of the suspension. A
9pupil who is suspended in excess of 20 school days may be
10immediately transferred to an alternative program in the manner
11provided in Article 13A or 13B of this Code. A pupil must not
12be denied transfer because of the suspension, except in cases
13in which such transfer is deemed to cause a threat to the
14safety of students or staff in the alternative program.
15    (b-5) Among the many possible disciplinary interventions
16and consequences available to school officials, school
17exclusions, such as out-of-school suspensions and expulsions,
18are the most serious. School officials shall limit the number
19and duration of expulsions and suspensions to the greatest
20extent practicable, and it is recommended that they use them
21only for legitimate educational purposes. To ensure that
22students are not excluded from school unnecessarily, it is
23recommended that school officials consider forms of
24non-exclusionary discipline prior to using out-of-school
25suspensions or expulsions.
26    (b-10) Unless otherwise required by federal law or this

 

 

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1Code, school boards may not institute zero-tolerance policies
2by which school administrators are required to suspend or expel
3students for particular behaviors.
4    (b-15) Out-of-school suspensions of 3 days or less may be
5used only if the student's continuing presence in school would
6pose a threat to school safety or a disruption to other
7students' learning opportunities. For purposes of this
8subsection (b-15), "threat to school safety or a disruption to
9other students' learning opportunities" shall be determined on
10a case-by-case basis by the school board or its designee.
11School officials shall make all reasonable efforts to resolve
12such threats, address such disruptions, and minimize the length
13of suspensions to the greatest extent practicable.
14    (b-20) Unless otherwise required by this Code,
15out-of-school suspensions of longer than 3 days, expulsions,
16and disciplinary removals to alternative schools may be used
17only if other appropriate and available behavioral and
18disciplinary interventions have been exhausted and the
19student's continuing presence in school would either (i) pose a
20threat to the safety of other students, staff, or members of
21the school community or (ii) substantially disrupt, impede, or
22interfere with the operation of the school. For purposes of
23this subsection (b-20), "threat to the safety of other
24students, staff, or members of the school community" and
25"substantially disrupt, impede, or interfere with the
26operation of the school" shall be determined on a case-by-case

 

 

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1basis by school officials. For purposes of this subsection
2(b-20), the determination of whether "appropriate and
3available behavioral and disciplinary interventions have been
4exhausted" shall be made by school officials. School officials
5shall make all reasonable efforts to resolve such threats,
6address such disruptions, and minimize the length of student
7exclusions to the greatest extent practicable. Within the
8suspension decision described in subsection (b) of this Section
9or the expulsion decision described in subsection (a) of this
10Section, it shall be documented whether other interventions
11were attempted or whether it was determined that there were no
12other appropriate and available interventions.
13    (b-25) Students who are suspended out-of-school for longer
14than 4 school days shall be provided appropriate and available
15support services during the period of their suspension. For
16purposes of this subsection (b-25), "appropriate and available
17support services" shall be determined by school authorities.
18Within the suspension decision described in subsection (b) of
19this Section, it shall be documented whether such services are
20to be provided or whether it was determined that there are no
21such appropriate and available services.
22    A school district may refer students who are expelled to
23appropriate and available support services.
24    A school district shall create a policy to facilitate the
25re-engagement of students who are suspended out-of-school,
26expelled, or returning from an alternative school setting.

 

 

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1    (b-30) A school district shall create a policy by which
2suspended pupils, including those pupils suspended from the
3school bus who do not have alternate transportation to school,
4shall have the opportunity to make up work for equivalent
5academic credit. It shall be the responsibility of a pupil's
6parent or guardian to notify school officials that a pupil
7suspended from the school bus does not have alternate
8transportation to school.
9    (b-35) In all suspension or expulsion proceedings, a
10student may disclose his or her status as a parent, expectant
11parent, or victim of gender-based violence, as defined in
12Article 26A, which must be considered as a mitigating factor in
13determining whether to suspend or expel the student or in
14deciding the nature or severity of the disciplinary action at
15any time throughout the proceedings. An advocate or
16representative of the student's choice must be permitted to
17represent the student throughout the proceedings and to consult
18with the school board if there is evidence that the student's
19status as a parent, expectant parent, or victim of gender-based
20violence may be a factor in the cause for expulsion or
21suspension. A student who discloses his or her status as a
22victim of gender-based violence may not be required to work out
23the problem directly with the perpetrator or the perpetrator's
24advocate or representative, be personally questioned or
25cross-examined by the perpetrator or the perpetrator's
26advocate or representative, have any direct contact with the

 

 

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1perpetrator or the perpetrator's advocate or representative,
2or be in the same room as the perpetrator or the perpetrator's
3advocate or representative during the proceedings. A
4suspension or expulsion proceeding under this subsection must
5be conducted independently from any ongoing criminal
6investigation or proceeding, and a lack of pursuit of criminal
7investigations or proceedings may not be a factor in school
8disciplinary decisions.
9    (c) The Department of Human Services shall be invited to
10send a representative to consult with the board at such meeting
11whenever there is evidence that mental illness may be the cause
12for expulsion or suspension.
13    (c-5) School districts shall make reasonable efforts to
14provide ongoing professional development to teachers,
15administrators, school board members, school resource
16officers, and staff on the adverse consequences of school
17exclusion and justice-system involvement, effective classroom
18management strategies, culturally responsive discipline, the
19appropriate and available supportive services for the
20promotion of student attendance and engagement, and
21developmentally appropriate disciplinary methods that promote
22positive and healthy school climates.
23    (d) The board may expel a student for a definite period of
24time not to exceed 2 calendar years, as determined on a
25case-by-case basis. A student who is determined to have brought
26one of the following objects to school, any school-sponsored

 

 

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1activity or event, or any activity or event that bears a
2reasonable relationship to school shall be expelled for a
3period of not less than one year:
4        (1) A firearm. For the purposes of this Section,
5    "firearm" means any gun, rifle, shotgun, weapon as defined
6    by Section 921 of Title 18 of the United States Code,
7    firearm as defined in Section 1.1 of the Firearm Owners
8    Identification Card Act, or firearm as defined in Section
9    24-1 of the Criminal Code of 2012. The expulsion period
10    under this subdivision (1) may be modified by the
11    superintendent, and the superintendent's determination may
12    be modified by the board on a case-by-case basis.
13        (2) A knife, brass knuckles or other knuckle weapon
14    regardless of its composition, a billy club, or any other
15    object if used or attempted to be used to cause bodily
16    harm, including "look alikes" of any firearm as defined in
17    subdivision (1) of this subsection (d). The expulsion
18    requirement under this subdivision (2) may be modified by
19    the superintendent, and the superintendent's determination
20    may be modified by the board on a case-by-case basis.
21Expulsion or suspension shall be construed in a manner
22consistent with the federal Federal Individuals with
23Disabilities Education Act. A student who is subject to
24suspension or expulsion as provided in this Section may be
25eligible for a transfer to an alternative school program in
26accordance with Article 13A of the School Code.

 

 

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

 

 

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1left in these places and areas. School authorities may request
2the assistance of law enforcement officials for the purpose of
3conducting inspections and searches of lockers, desks, parking
4lots, and other school property and equipment owned or
5controlled by the school for illegal drugs, weapons, or other
6illegal or dangerous substances or materials, including
7searches conducted through the use of specially trained dogs.
8If a search conducted in accordance with this Section produces
9evidence that the student has violated or is violating either
10the law, local ordinance, or the school's policies or rules,
11such evidence may be seized by school authorities, and
12disciplinary action may be taken. School authorities may also
13turn over such evidence to law enforcement authorities.
14    (f) Suspension or expulsion may include suspension or
15expulsion from school and all school activities and a
16prohibition from being present on school grounds.
17    (g) A school district may adopt a policy providing that if
18a student is suspended or expelled for any reason from any
19public or private school in this or any other state, the
20student must complete the entire term of the suspension or
21expulsion in an alternative school program under Article 13A of
22this Code or an alternative learning opportunities program
23under Article 13B of this Code before being admitted into the
24school district if there is no threat to the safety of students
25or staff in the alternative program. A school district that
26adopts a policy under this subsection must include a provision

 

 

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1allowing for consideration of a student's status as a parent,
2expectant parent, or victim of gender-based violence, as
3defined in Article 26A, as a mitigating factor in reviews
4during the disciplinary period and exempting, on a case-by-case
5basis, from suspension or expulsion those students whose status
6as a parent, expectant parent, or victim of gender-based
7violence is a factor in the behavior that gave rise to the
8suspension or expulsion.
9    (h) School officials shall not advise or encourage students
10to drop out voluntarily due to behavioral or academic
11difficulties.
12    (i) A student may not be issued a monetary fine or fee as a
13disciplinary consequence, though this shall not preclude
14requiring a student to provide restitution for lost, stolen, or
15damaged property.
16    (j) Subsections (a) through (i) and subsection (m) of this
17Section shall apply to elementary and secondary schools,
18charter schools, special charter districts, and school
19districts organized under Article 34 of this Code.
20    (k) The expulsion of children enrolled in programs funded
21under Section 1C-2 of this Code is subject to the requirements
22under paragraph (7) of subsection (a) of Section 2-3.71 of this
23Code.
24    (l) Beginning with the 2018-2019 school year, an in-school
25suspension program provided by a school district for any
26students in kindergarten through grade 12 may focus on

 

 

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1promoting non-violent conflict resolution and positive
2interaction with other students and school personnel. A school
3district may employ a school social worker or a licensed mental
4health professional to oversee an in-school suspension program
5in kindergarten through grade 12.
6    (m) If a student is faced with either (i) suspension from
7school due to gross disobedience or misconduct or suspension
8from riding a school bus due to gross disobedience or
9misconduct on the school bus as provided in this Section or
10(ii) expulsion due to gross disobedience or misconduct as
11provided in this Section and if there is a relationship between
12the behavior that gave rise to the suspension or expulsion
13proceedings and the student's status as a parent, expectant
14parent, or victim of gender-based violence, as defined in
15Article 26A, then the suspension or expulsion requirement may
16be modified by the district superintendent or school board on a
17case-by-case basis.
18(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
19100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
208-22-18; revised 10-1-18.)
 
21    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
22    Sec. 10-22.6a. Home instruction; correspondence courses.
23    (a) To provide by home instruction, correspondence
24courses, or otherwise courses of instruction for a pupil who is
25pupils who are unable to attend school because of pregnancy or

 

 

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1pregnancy-related conditions, the fulfillment of parenting
2obligations related to the health of the pupil's child, or
3health and safety concerns arising from gender-based violence,
4as defined in Article 26A. Such instruction shall be provided
5to the pupil (1) before the birth of the child when the pupil's
6physician, physician assistant, or advanced practice nurse has
7indicated to the district, in writing, that the pupil is
8medically unable to attend regular classroom instruction; and
9(2) for up to 3 months following the birth of the child or a
10miscarriage; (3) when the pupil must care for his or her ill
11child if (i) the child's physician, physician assistant, or
12advanced practice registered nurse has indicated to the
13district, in writing, that the child has a serious health
14condition that would require the pupil to be absent from school
15for 2 or more weeks, (ii) the pupil or the pupil's parent or
16guardian indicates to the district, in writing, that the pupil
17is needed to provide care to the child, and (iii) alternative
18care for the child that is adequate and affordable is
19unavailable; or (4) when the pupil must treat physical or
20mental health complications or address safety concerns arising
21from gender-based violence if the pupil's domestic or sexual
22violence organization, as defined in Article 26A, or health
23care provider has indicated to the district, in writing, that
24the care is needed by the pupil and will cause the pupil's
25absence from school for one or more weeks. The instruction
26course shall be designed to offer educational experiences that

 

 

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1are equivalent to those given to pupils at the same grade level
2in the district and that are designed to enable the pupil to
3return to the classroom. In this subsection (a), "serious
4health condition" means an illness, injury, impairment, or
5physical or mental health condition that involves inpatient
6care in a hospital, hospice, or residential medical care
7facility or continuing treatment by a health care provider.
8    (b) Notwithstanding any other provision of law to the
9contrary, if a pupil is unable to attend regular classes
10because of the reasons set forth in this Section and has
11participated in instruction under this Section that is
12administered by the school or school district, then the pupil
13may not be penalized for grading purposes or be denied course
14completion, a return to regular classroom instruction, grade
15level advancement, or graduation solely on the basis of the
16pupil's participation in instruction under this Section or the
17pupil's absence from the regular education program during the
18period of instruction under this Section. A school or school
19district may not use instruction under this Section to replace
20making reasonable accommodations so that pupils who are
21parents, expectant parents, or victims of gender-based
22violence may receive regular classroom instruction.
23(Source: P.A. 100-443, eff. 8-25-17.)
 
24    (105 ILCS 5/13A-11)
25    Sec. 13A-11. Chicago public schools.

 

 

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1    (a) The Chicago Board of Education may establish
2alternative schools within Chicago and may contract with third
3parties for services otherwise performed by employees,
4including those in a bargaining unit, in accordance with
5Sections 34-8.1, 34-18, and 34-49.
6    (b) Alternative schools operated by third parties within
7Chicago shall be exempt from all provisions of this Code,
8except provisions concerning:
9        (1) student civil rights;
10        (2) staff civil rights;
11        (3) health and safety;
12        (4) performance and financial audits;
13        (5) the assessments required under Section 2-3.64a-5
14    of this Code;
15        (6) Chicago learning outcomes;
16        (7) Sections 2-3.25a through 2-3.25j of this Code;
17        (8) the Inspector General; and
18        (9) Section 34-2.4b of this Code; and .
19        (10) Article 26A and any other provision of this Code
20    concerning youth who are parents, expectant parents, or
21    victims of gender-based violence, as defined in Article
22    26A.
23(Source: P.A. 98-972, eff. 8-15-14.)
 
24    (105 ILCS 5/22-60)
25    Sec. 22-60. Unfunded mandates prohibited.

 

 

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1    (a) No public school district or private school is
2obligated to comply with the following types of mandates unless
3a separate appropriation has been enacted into law providing
4full funding for the mandate for the school year during which
5the mandate is required:
6        (1) Any mandate in this Code enacted after the
7    effective date of this amendatory Act of the 96th General
8    Assembly.
9        (2) Any regulatory mandate promulgated by the State
10    Board of Education and adopted by rule after the effective
11    date of this amendatory Act of the 96th General Assembly
12    other than those promulgated with respect to this Section
13    or statutes already enacted on or before the effective date
14    of this amendatory Act of the 96th General Assembly.
15    (b) If the amount appropriated to fund a mandate described
16in subsection (a) of this Section does not fully fund the
17mandated activity, then the school district or private school
18may choose to discontinue or modify the mandated activity to
19ensure that the costs of compliance do not exceed the funding
20received.
21    Before discontinuing or modifying the mandate, the school
22district shall petition its regional superintendent of schools
23on or before February 15 of each year to request to be exempt
24from implementing the mandate in a school or schools in the
25next school year. The petition shall include all legitimate
26costs associated with implementing and operating the mandate,

 

 

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1the estimated reimbursement from State and federal sources, and
2any unique circumstances the school district can verify that
3exist that would cause the implementation and operation of such
4a mandate to be cost prohibitive.
5    The regional superintendent of schools shall review the
6petition. In accordance with the Open Meetings Act, he or she
7shall convene a public hearing to hear testimony from the
8school district and interested community members. The regional
9superintendent shall, on or before March 15 of each year,
10inform the school district of his or her decision, along with
11the reasons why the exemption was granted or denied, in
12writing. The regional superintendent must also send
13notification to the State Board of Education detailing which
14school districts requested an exemption and the results.
15    If the regional superintendent grants an exemption to the
16school district, then the school district is relieved from the
17requirement to establish and implement the mandate in the
18school or schools granted an exemption for the next school
19year. If the regional superintendent of schools does not grant
20an exemption, then the school district shall implement the
21mandate in accordance with the applicable law or rule by the
22first student attendance day of the next school year. However,
23the school district or a resident of the school district may on
24or before April 15 appeal the decision of the regional
25superintendent to the State Superintendent of Education. The
26State Superintendent shall hear appeals on the decisions of

 

 

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1regional superintendents of schools no later than May 15 of
2each year. The State Superintendent shall make a final decision
3at the conclusion of the hearing on the school district's
4request for an exemption from the mandate. If the State
5Superintendent grants an exemption, then the school district is
6relieved from the requirement to implement a mandate in the
7school or schools granted an exemption for the next school
8year. If the State Superintendent does not grant an exemption,
9then the school district shall implement the mandate in
10accordance with the applicable law or rule by the first student
11attendance day of the next school year.
12    If a school district or private school discontinues or
13modifies a mandated activity due to lack of full funding from
14the State, then the school district or private school shall
15annually maintain and update a list of discontinued or modified
16mandated activities. The list shall be provided to the State
17Board of Education upon request.
18    (c) This Section does not apply to (i) any new statutory or
19regulatory mandates related to revised learning standards
20developed through the Common Core State Standards Initiative
21and assessments developed to align with those standards or
22actions specified in this State's Phase 2 Race to the Top Grant
23application if the application is approved by the United States
24Department of Education, or (ii) new statutory or regulatory
25mandates from the Race to the Top Grant through the federal
26American Recovery and Reinvestment Act of 2009 imposed on

 

 

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1school districts designated as being in the lowest performing
25% of schools within the Race to the Top Grant application, or
3(iii) any changes made by this amendatory Act of the 101st
4General Assembly.
5    (d) In any instances in which this Section conflicts with
6the State Mandates Act, the State Mandates Act shall prevail.
7(Source: P.A. 96-1441, eff. 8-20-10.)
 
8    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
9    Sec. 26-2a. A "truant" is defined as a child who is subject
10to compulsory school attendance and who is absent without valid
11cause, as defined under this Section, from such attendance for
12more than 1% but less than 5% of the past 180 school days.
13    "Valid cause" for absence shall be illness; attendance at a
14pregnancy-related medical appointment; , observance of a
15religious holiday; , death in the immediate family; , family
16emergency; , fulfillment of a student's parenting
17responsibility, including, but not limited to, arranging and
18providing child care, caring for the student's sick child, or
19attending medical appointments for the student's child; or
20addressing circumstances resulting from gender-based violence,
21as defined in Article 26A, including, but not limited to,
22experiencing gender-based violence, recovering from physical
23or psychological injuries, seeking medical attention, seeking
24services from a domestic or sexual violence organization, as
25defined in Article 26A, seeking psychological or other

 

 

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1counseling, participating in safety planning, temporarily or
2permanently relocating, seeking legal assistance or remedies,
3or taking any other action to increase the safety or health of
4the student or to protect the student from future gender-based
5violence and shall include such other situations beyond the
6control of the student as determined by the board of education
7in each district, or such other circumstances which cause
8reasonable concern to the parent for the mental, emotional, or
9physical health or safety of the student.
10    "Chronic or habitual truant" shall be defined as a child
11who is subject to compulsory school attendance and who is
12absent without valid cause from such attendance for 5% or more
13of the previous 180 regular attendance days.
14    "Truant minor" is defined as a chronic truant to whom
15supportive services, including prevention, diagnostic,
16intervention and remedial services, alternative programs and
17other school and community resources have been provided and
18have failed to result in the cessation of chronic truancy, or
19have been offered and refused.
20    A "dropout" is defined as any child enrolled in grades 9
21through 12 whose name has been removed from the district
22enrollment roster for any reason other than the student's
23death, extended illness, removal for medical non-compliance,
24expulsion, aging out, graduation, or completion of a program of
25studies and who has not transferred to another public or
26private school and is not known to be home-schooled by his or

 

 

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1her parents or guardians or continuing school in another
2country.
3    "Religion" for the purposes of this Article, includes all
4aspects of religious observance and practice, as well as
5belief.
6(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
7revised 10-4-18.)
 
8    (105 ILCS 5/Art. 26A heading new)
9
ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT
10
PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE

 
11    (105 ILCS 5/26A-1 new)
12    Sec. 26A-1. Short title and application. This Article may
13be referred to as the Ensuring Success in School Law. This
14Article applies to all school districts and schools governed by
15this Code, including those under Articles 13, 13A, 13B, 27A,
1632, 33, and 34.
 
17    (105 ILCS 5/26A-5 new)
18    Sec. 26A-5. Purpose. The purpose of this Article is to
19ensure that Illinois schools have policies, procedures, and
20protocols in place that ensure children and youth who are
21parents, expectant parents, or victims of gender-based
22violence are identified by schools in a manner respectful of
23their privacy and safety, treated with dignity and regard, and

 

 

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1provided the protection, instruction, and related
2accommodations and services necessary to enable them to meet
3State educational standards and successfully attain a high
4school diploma. This Article shall be interpreted liberally to
5aid in this purpose.
 
6    (105 ILCS 5/26A-10 new)
7    Sec. 26A-10. Definitions. In this Article:
8    "Consent" includes, at a minimum, a recognition that (i)
9consent is a freely given agreement to sexual activity, (ii) a
10youth's lack of verbal or physical resistance or submission
11resulting from the use of threat of force does not constitute
12consent, (iii) a youth's manner of dress does not constitute
13consent, (iv) a youth's consent to past sexual activity does
14not constitute consent to future sexual activity, (v) a youth's
15consent to engage in sexual activity does not constitute
16consent to engage in sexual activity with another, (vi) a youth
17can withdraw consent at any time, and (vii) a youth cannot
18consent to sexual activity if that youth is unable to
19understand the nature of the activity or give knowing consent
20due to circumstances that include, but are not limited to, all
21of the following:
22        (1) The youth is incapacitated due to the use or
23    influence of alcohol or drugs.
24        (2) The youth is asleep or unconscious.
25        (3) The youth is under age.

 

 

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1        (4) The youth is incapacitated due to a mental
2    disability.
3    "Domestic or sexual violence organization" means a
4nonprofit, nongovernmental organization that provides
5assistance to victims of gender-based violence or advocates for
6those victims, including an organization carrying out a
7domestic or sexual violence or other gender-based violence
8program, an organization operating a shelter or a rape crisis
9center or providing counseling services, an accredited
10children's advocacy center, an organization that provides
11services to or advocates on behalf of youth who are gay,
12lesbian, bi-sexual, transgender, or gender nonconforming, an
13organization that provides services to or advocates on behalf
14of youth who are parents or expectant parents, or an
15organization seeking to eliminate gender-based violence or to
16address the consequences of that violence for its victims
17through legislative advocacy or policy change, public
18education, or service collaboration.
19    "Domestic violence" means abuse, as defined in Section 103
20of the Illinois Domestic Violence Act of 1986, by a family or
21household member, as defined in Section 103 of the Illinois
22Domestic Violence Act of 1986.
23    "Electronic communication" includes communication via
24telephone, mobile phone, computer, email, video recorder, fax
25machine, telex, pager, apps or applications, or any other
26electronic communication or cyberstalking as defined in

 

 

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1Section 12-7.5 of the Criminal Code of 2012.
2    "Expectant parent" means a youth who is pregnant or a youth
3who intends to act as a parent and who has not yet received a
4diploma for completion of a secondary education as defined in
5Section 22-22.
6    "Gender-based violence" means domestic violence,
7harassment, sexual activity without consent, sexual assault,
8sexual violence, or stalking. Gender-based violence may occur
9through electronic communication. Gender-based violence exists
10regardless of when or where the violence occurred, whether or
11not the violence is the subject of a criminal investigation or
12the perpetrator has been criminally charged or convicted of a
13crime, whether or not an order of protection or a no-contact
14order is pending before or has been issued by a court, or
15whether or not any gender-based violence took place on school
16grounds, during regular school hours, or during a
17school-sponsored event.
18    "Harassment" means any harassment or discrimination on the
19basis of an individual's actual or perceived sex or gender,
20including unwelcome sexual advances, requests for sexual
21favors, other verbal or physical conduct of a sexual nature, or
22unwelcome conduct, including verbal, nonverbal, or physical
23conduct that is not sexual in nature, but is related to a
24student's status as a parent, expectant parent, or victim of
25gender-based violence.
26    "Parent", as it relates to a student, means a student who

 

 

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1is a custodial or a noncustodial parent taking an active role
2in the care and supervision of a child and who has not yet
3received a diploma for completion of a secondary education, as
4defined in Section 22-22.
5    "Perpetrator" means an individual who commits or is alleged
6to have committed any act of gender-based violence. The term
7"perpetrator" must be used with caution when applied to
8children, particularly young children.
9    "Poor academic performance" means a student who has (i)
10scored in the 50th percentile or below on a school
11district-administered standardized test, (ii) received a score
12on a State assessment that does not meet standards in one or
13more of the fundamental learning areas under Section 27-1, as
14applicable for the student's grade level, or (iii) not met
15grade-level expectations on a school district-designed
16assessment.
17    "School", for purposes of the provisions of this Article
18relating to children and youth who are parents, expectant
19parents, or victims of gender-based violence, includes, but is
20not limited to, (i) a public or State-operated elementary or
21secondary school, (ii) a school operated pursuant to an
22agreement with a public school district, including a
23cooperative or joint agreement with a governing body or board
24of control, (iii) a charter school operating in compliance with
25the Charter Schools Law, (iv) a school operated under Section
2613A-3, (v) an alternative school operated by third parties

 

 

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1within the City of Chicago under Section 13A-11, (vi) an
2alternative learning opportunities program operated under
3Article 13B, (vii) a public school administered by a local
4public agency or the Department of Human Services operating
5pursuant to the authority of this Code, and (viii) any schools
6otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34.
7    "School district", for purposes of the provisions of this
8Article relating to youth who are parents, expectant parents,
9or victims of domestic or sexual violence, means any public
10entity responsible for administering schools, including school
11districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34,
12or any other entity responsible for administering public
13schools, such as cooperatives, joint agreements, charter
14schools, special charter districts, regional offices of
15education, local agencies, or the Department of Human Services.
16    "Sexual activity" means any knowingly touching or fondling
17by one person, either directly or through clothing, of the sex
18organs, anus, mouth, or breast of another person for the
19purpose of sexual gratification or arousal.
20    "Sexual assault" means any conduct of an adult or minor
21child proscribed in Article 11 of the Criminal Code of 2012,
22except for Sections 11-35 and 11-45 of the Criminal Code of
232012, or similar provisions of the Criminal Code of 1961,
24including conduct committed by perpetrators who are strangers
25to the victim and conduct committed by perpetrators who are
26known or related by blood or marriage to the victim.

 

 

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1    "Stalking" means any conduct proscribed in Section 12-7.3,
212-7.4, or 12-7.5 of the Criminal Code of 2012, or similar
3provisions of the Criminal Code of 1961, including stalking
4committed by perpetrators who are strangers to the victim and
5stalking committed by perpetrators who are known or related by
6blood or marriage to the victim.
7    "Student" or "pupil" means any child or youth enrolled,
8eligible to enroll, or previously enrolled in a school who has
9not yet received a diploma for completion of a secondary
10education, as defined in Section 22-22.
11    "Student at risk of academic failure" means a student who
12is at risk of failing to meet Illinois Learning Standards or
13failing to graduate from elementary or high school and who
14demonstrates a need for educational support or social services
15beyond those provided by the regular school program.
16    "Victim" means an individual who has been subjected to one
17or more acts of gender-based violence.
18    "Youth" means a child, pupil, student, or juvenile below
19the age of 21 years who has not yet completed his or her
20prescribed course of study or has not received a diploma for
21completion of a secondary education, as defined in Section
2222-22. "Youth" includes, but is not limited to, unaccompanied
23youth not in the physical custody of a parent or guardian.
 
24    (105 ILCS 5/26A-15 new)
25    Sec. 26A-15. Ensuring Success in School working group.

 

 

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1    (a) The State Board of Education must create the Ensuring
2Success in School working group comprised of all of the
3following members, representative of the geographic, racial,
4ethnic, sexual orientation, gender identity, and cultural
5diversity of this State:
6        (1) One member representing the Office of the Governor,
7    appointed by the Governor.
8        (2) One senator appointed by the President of the
9    Senate, who shall serve as co-chairperson.
10        (3) One representative appointed by the Speaker of the
11    House of Representatives, who shall serve as
12    co-chairperson.
13        (4) One member representing a statewide, nonprofit,
14    nongovernmental domestic violence organization, appointed
15    by the State Board.
16        (5) A domestic violence victim's advocate or other
17    service provider from a different nonprofit organization,
18    appointed by the State Board.
19        (6) One member representing a statewide, nonprofit,
20    nongovernmental sexual assault organization, appointed by
21    the State Board.
22        (7) A sexual assault victim's advocate or service
23    provider from a different nonprofit, nongovernmental
24    sexual assault organization, appointed by the State Board.
25        (8) A teen parent advocate or service provider from a
26    nonprofit, nongovernmental organization, appointed by the

 

 

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1    State Board.
2        (9) A lesbian, gay, bi-sexual, transgender, or
3    nonconforming youth advocate or service provider from a
4    nonprofit, nongovernmental organization, appointed by the
5    State Board.
6        (10) One member representing an accredited children's
7    advocacy center, appointed by the State Board.
8        (11) One member representing a statewide, nonprofit,
9    nongovernmental multi-issue advocacy organization with
10    expertise in a cross-section of relevant issues, appointed
11    by the State Board.
12        (12) A school social worker, appointed by the State
13    Board.
14        (13) A school psychologist, appointed by the State
15    Board.
16        (14) A school counselor, appointed by the State Board.
17        (15) A representative of a statewide professional
18    teachers' organization, appointed by the State Board.
19        (16) A representative of a different statewide
20    professional teachers' organization, appointed by the
21    State Board.
22        (17) A representative of a statewide organization
23    representing school boards, appointed by the State Board.
24        (18) A representative of a statewide organization
25    representing principals, appointed by the State Board.
26        (19) A representative of a school district organized

 

 

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1    under Article 34, appointed by the State Board.
2    (b) The working group must advise the State Board on the
3implementation, monitoring, and evaluation of this Article by
4schools and school districts, including, but not limited to,
5the development of policies, procedures, and protocols to be
6implemented by schools and school districts. The working group
7must ensure the participation of youth who are parents,
8expectant parents, and victims of gender-based violence and
9incorporate those students' advice and recommendations into
10the working group's advice regarding the implementation,
11monitoring, and evaluation of this Article.
12    (c) Members of the working group shall serve for a term of
132 years, which may be extended for a second term, without
14compensation, but may be reimbursed for their travel expenses
15from appropriations to the State Board made available for that
16purpose and subject to the rules of the appropriate travel
17control board.
 
18    (105 ILCS 5/26A-20 new)
19    Sec. 26A-20. Review and revision of policies and
20procedures.
21    (a) No later than July 1, 2020, and every 2 years
22thereafter, each school district must review all existing
23policies and procedures and must revise any existing policies
24and procedures that may act as a barrier to the immediate
25enrollment and re-enrollment, attendance, graduation, and

 

 

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1success in school of any youth who is a parent, expectant
2parent, or victim of gender-based violence or any policies or
3procedures that may compromise a criminal investigation
4relating to gender-based violence or may re-victimize the
5youth. A school district must adopt new policies and
6procedures, as needed, to implement this Section and to ensure
7that immediate and effective steps are taken to respond to
8youth who are parents, expectant parents, or victims of
9gender-based violence.
10    (b) A school district must confer with persons with
11expertise in youth who are parents or expectant parents and
12with persons with expertise in youth who are victims of
13gender-based violence, including domestic and sexual violence
14organizations, in (i) the review and revision and the adoption
15and implementation of new policies and procedures under this
16Section, including those policies and procedures related to
17confidentiality, parental involvement, and a youth's
18health-related or safety-related concerns in connection with
19notifying a parent or guardian and (ii) the development and
20distribution of materials related to those youth, including
21outreach to youth not in school. A school district must ensure
22that all materials distributed to youth are age appropriate and
23culturally responsive and that youth are notified of and
24understand the school district's policies and procedures,
25including how and to whom to report any incident of
26gender-based violence.

 

 

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1    (c) A school district's policy on the procedures that a
2youth or his or her parent or guardian may follow if he or she
3chooses to report an incident of alleged gender-based violence
4must, at a minimum, include all of the following:
5        (1) The name and contact information for gender-based
6    violence and parenting resource personnel and the Title IX
7    coordinator, school and school district resource officers
8    or security, local law enforcement officials, and a
9    community-based domestic or sexual violence organization.
10        (2) The name, title, and contact information for
11    confidential advisors or other confidential resources and
12    a description of what confidential reporting means.
13        (3) Information regarding the various individuals,
14    departments, or organizations to whom a youth may report an
15    incident of gender-based violence, specifying for each
16    individual or entity (i) the extent of the individual's or
17    entity's reporting obligation to the school or school
18    district's administration, Title IX coordinator, or other
19    personnel or entity, (ii) the individual's or entity's
20    ability to protect the youth's privacy, and (iii) the
21    extent of the individual's or entity's ability to have
22    confidential communications with the youth or his or her
23    parent or guardian.
24        (4) An option for the youth or his or her parent or
25    guardian to electronically report the incident.
26        (5) An option for the youth or his or her parent or

 

 

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1    guardian to anonymously report the incident.
2        (6) An option for the youth or his or her parent or
3    guardian to confidentially report the incident.
4        (7) An option for reports by third parties and
5    bystanders.
6        (8) The adoption of a complaint resolution procedure as
7    provided in Section 26A-25.
8    (d) A school district must post its revised policies and
9procedures on its website, distribute them in written form at
10the beginning of each school year to each student, and make
11copies available to each student and his or her parent or
12guardian for inspection and copying at no cost to the student
13or parent or guardian at each school within a school district.
 
14    (105 ILCS 5/26A-25 new)
15    Sec. 26A-25. Complaint resolution procedure. On or before
16January 1, 2021, each school district must adopt one procedure
17to resolve complaints of alleged incidents of
18student-perpetrated, gender-based violence and violations of
19this Article. These procedures shall comply with the
20confidentiality provisions of Sections 26A-20 and 26A-30. The
21procedure must include, at a minimum, all of the following:
22        (1) Complainants alleging incidents of
23    student-perpetration of gender-based violence or
24    violations of this Article must have the opportunity to
25    request that the complaint resolution procedure begin

 

 

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1    promptly and proceed in a timely manner.
2        (2) A school district must determine the individuals
3    who will resolve complaints of alleged incidents of
4    student-perpetrated, gender-based violence or violations
5    of this Article.
6        (3) All individuals whose duties include resolution of
7    complaints of alleged incidents of student-perpetrated,
8    gender-based violence or violations of this Article must
9    receive a minimum of 10 hours of annual training on issues
10    related to gender-based violence and how to conduct the
11    school district's complaint resolution procedure, which
12    may include the in-service training required under
13    subsection (d) of Section 10-22.39. This training must be
14    conducted by an individual or individuals with expertise in
15    gender-based violence in youth and expertise in
16    developmentally appropriate communications with elementary
17    and secondary school students regarding topics of a sexual,
18    violent, or sensitive nature.
19        (4) Each school district must have a sufficient number
20    of individuals trained to resolve complaints so that (i) a
21    substitution can occur in the case of a conflict of
22    interest or recusal and (ii) an individual with no prior
23    involvement in the initial determination or finding may
24    hear any appeal brought by a party.
25        (5) An individual resolving a complaint must use a
26    preponderance of the evidence standard to determine if the

 

 

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1    alleged incident of student-perpetrated, gender-based
2    violence occurred.
3        (6) With complaints of alleged incidents of
4    student-perpetrated, gender-based violence, the
5    complainant and respondent shall (i) receive notice of the
6    name of the individual with authority to make a finding or
7    impose a sanction in the proceeding before the individual
8    may initiate contact with either party and (ii) have the
9    opportunity to request a substitution if the participation
10    of an individual with authority to make a finding or impose
11    a sanction poses a conflict of interest.
12        (7) Each school district must have a procedure to
13    determine interim protective measures and accommodations
14    available pending the resolution of the complaint,
15    including the implementation of court protective orders.
16        (8) Any proceeding, meeting, or hearing held to resolve
17    complaints of alleged incidents of student perpetrated,
18    gender-based violence or violations of this Article must
19    protect the privacy of the participating parties and
20    witnesses.
21        (9) The complainant, regardless of his or her level of
22    involvement in the complaint resolution procedure, and the
23    respondent must have the opportunity to provide or present
24    evidence and witnesses on their behalf during the complaint
25    resolution procedure.
26        (10) With complaints of alleged incidents of

 

 

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1    student-perpetrated, gender-based violence, the
2    complainant and the respondent may not directly
3    cross-examine one another, but may, at the discretion and
4    direction of the individual resolving the complaint,
5    suggest questions to be posed by the individual resolving
6    the complaint and respond to the other party.
7        (11) Each party may request and must be allowed to have
8    an advisor of his or her choice accompany him or her to any
9    meeting or proceeding related to the alleged incident of
10    student-perpetrated, gender-based violence or violation of
11    this Article if the involvement of the advisor does not
12    result in undue delay of the meeting or proceeding. The
13    advisor must comply with any rules of the school district's
14    complaint resolution procedure regarding the advisor's
15    role. If the advisor violates the rules or engages in
16    behavior or advocacy that harasses, abuses, or intimidates
17    either party, a witness, or an individual resolving the
18    complaint, that advisor may be prohibited from further
19    participation in the meeting or proceeding.
20        (12) If the complaint resolution procedure involves a
21    hearing and the complainant or the respondent is a student,
22    he or she may not be compelled to testify in the presence
23    of the other party. If a party invokes this right, the
24    school district must provide a procedure by which each
25    party may, at a minimum, hear the other party's testimony.
26        (13) The complainant and the respondent are entitled to

 

 

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1    simultaneous, written notification of the results of the
2    complaint resolution procedure, including information
3    regarding appeal rights, within 7 days after a decision or
4    sooner if required by State or federal law.
5        (14) The complainant and the respondent must, at a
6    minimum, have the right to timely appeal the complaint
7    resolution procedure's findings or imposed sanctions if a
8    party alleges that (i) a procedural error occurred, (ii)
9    new information exists that would substantially change the
10    outcome of the finding, or (iii) the sanction is
11    disproportionate to the violation. An individual reviewing
12    the findings or imposed sanctions may not have previously
13    participated in the complaint resolution procedure and may
14    not have a conflict of interest with either party. The
15    complainant and the respondent must receive the appeal
16    decision, in writing, within 7 days after the conclusion of
17    the review of findings or sanctions or sooner if required
18    by federal or State law.
19        (15) A school district may not disclose the identity of
20    the victim of gender-based violence or the respondent,
21    except as necessary to resolve the complaint or to
22    implement interim protective measures and accommodations
23    or when required by State or federal law.
24        (16) The opportunity to consider the most appropriate
25    means to execute the procedure considering school safety,
26    the developmental level of students, methods to reduce

 

 

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1    trauma during the procedure, and how to avoid multiple
2    communications with students involved in an alleged
3    incident of gender-based violence.
 
4    (105 ILCS 5/26A-30 new)
5    Sec. 26A-30. Confidentiality.
6    (a) Each school district must adopt and implement a policy
7and protocol to ensure that all information concerning a
8youth's status and related experiences as a parent, expectant
9parent, or victim of gender-based violence provided to or
10otherwise obtained by the school district or its employees or
11agents pursuant to this Code or otherwise, including a
12statement of the youth or any other documentation, record, or
13corroborating evidence or that the youth has requested or
14obtained assistance, accommodations, or services pursuant to
15this Code, shall be retained in the strictest confidence by the
16school district or its employees or agents and may not be
17disclosed to any other individual, including any other
18employee, except to the extent that disclosure is (i) requested
19or consented to in writing by the youth or the youth's parent
20or guardian if it is safe to obtain written consent from the
21youth's parent or guardian or (ii) otherwise required by
22applicable federal or State law, including the Abused and
23Neglected Child Reporting Act and professional ethics policies
24that govern school personnel.
25    (b) Prior to disclosing information about a youth's status

 

 

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1as a parent, expectant parent, or victim of gender-based
2violence, a school must notify the youth and discuss and
3address any safety concerns related to the disclosure,
4including instances where the youth indicates or the school or
5school district or its employees or agents are otherwise aware
6that the youth's health or safety may be at risk if his or her
7status is disclosed to the youth's parent or guardian, except
8as otherwise required by applicable federal or State law,
9including the Abused and Neglected Child Reporting act and
10professional ethics policies that govern the professional
11school personnel.
12    (c) No youth may be required to testify publicly concerning
13his or her status as a victim of gender-based violence,
14allegations of gender-based violence, his or her status as a
15parent or expectant parent, or the youth's efforts to enforce
16any of his or her rights under provisions in this Code relating
17to youth who are parents, expectant parents, or victims of
18gender-based violence.
19    (d) In the case of gender-based violence, a school district
20may not contact the person named to be the perpetrator, the
21perpetrator's family, or any other person named by the youth or
22named by the youth's parent or guardian to be unsafe to contact
23to verify the violence. A school district may not contact the
24perpetrator, the perpetrator's family, or any other person
25named by the youth or the youth's parent or guardian to be
26unsafe for any other reason without written permission from the

 

 

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1youth or his or her parent or guardian. Permission from the
2youth's parent or guardian may not be pursued if the youth
3alleges that his or her health or safety would be threatened if
4the school or school district contacts the youth's parent or
5guardian to obtain written permission.
6    (e) A school district must take all actions necessary to
7comply with this Section no later than January 1, 2020.
 
8    (105 ILCS 5/26A-35 new)
9    Sec. 26A-35. Gender-based violence and parenting resource
10personnel.
11    (a) Each school district shall designate or appoint at
12least one staff person at each school in the district who is
13employed at least part-time at the school and who is a school
14social worker, school psychologist, school counselor, school
15nurse, school teacher, or school administrator trained to
16address, in a culturally responsive, confidential, and
17sensitive manner, the needs of youth who are parents, expectant
18parents, or victims of gender-based violence. The designated or
19appointed staff person must have all of the following duties:
20        (1) Communicate with and listen to youth who are
21    parents, expectant parents, or victims of gender-based
22    violence.
23        (2) Connect youth described in paragraph (1) to
24    appropriate, in-school services or other agencies,
25    programs, or services as needed.

 

 

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1        (3) Coordinate and monitor the implementation of the
2    school's and school district's policies, procedures, and
3    protocols in cases involving student allegations of
4    gender-based violence.
5        (4) Coordinate and monitor the implementation of the
6    school's and school district's policies, procedures, and
7    protocols as set forth in provisions of this Code
8    concerning youth who are parents, expectant parents, or
9    victims of gender-based violence.
10        (5) Assist youth described in paragraph (1) in their
11    efforts to exercise and preserve their rights as set forth
12    in provisions of this Code concerning youth who are
13    parents, expectant parents, or victims of gender-based
14    violence.
15        (6) Assist in providing staff development to establish
16    a positive and sensitive learning environment for youth
17    described in paragraph (1).
18    (b) A member of staff who is designated or appointed under
19subsection (a) must (i) be trained to understand, provide
20information and referrals, and address issues pertaining to
21youth who are parents, expectant parents, or victims of
22gender-based violence, including the theories and dynamics of
23domestic and sexual violence, the necessity for
24confidentiality and the law, policy, procedures, and protocols
25implementing confidentiality, and the notification to the
26youth's parent or guardian regarding the youth's status as a

 

 

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1parent, expectant parent, or victim of gender-based violence or
2the enforcement of the youth's rights under this Code if the
3notice of the youth's status or the involvement of the youth's
4parent or guardian may put the health or safety of the youth at
5risk, including the rights of minors to consent to counseling
6services and psychotherapy under the Mental Health and
7Developmental Disabilities Code, or (ii) at a minimum, have
8participated in an in-service training program under
9subsection (d) of Section 10-22.39 that includes training on
10the rights of minors to consent to counseling services and
11psychotherapy under the Mental Health and Developmental
12Disabilities Code within 12 months prior to his or her
13designation or appointment.
14    (c) A school district must designate or appoint and train
15all gender-based violence and parenting resource personnel,
16and the personnel must assist in implementing the duties
17described in this Section no later than April 1, 2020, except
18in those school districts in which there exists a collective
19bargaining agreement on the effective date of this amendatory
20Act of the 101st General Assembly and the implementation of
21this Section would be a violation of that collective bargaining
22agreement. If implementation of some activities required under
23this Section is prevented by an existing collective bargaining
24agreement, a school district must comply with this Section to
25the fullest extent allowed by the existing collective
26bargaining agreement no later than April 1, 2020. In those

 

 

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1instances in which a collective bargaining agreement that
2either fully or partially prevents full implementation of this
3Section expires after April 1, 2020, a school district must
4designate or appoint and train all gender-based and parenting
5resource personnel, who shall implement the duties described in
6this Section no later than the effective date of the new
7collective bargaining agreement that immediately succeeds the
8collective bargaining agreement in effect at the time this
9Section becomes effective.
 
10    (105 ILCS 5/26A-40 new)
11    Sec. 26A-40. Accommodations, adjustments, and services.
12    (a) To facilitate the full participation of youth who are
13parents, expectant parents, or victims of gender-based
14violence, each school district must provide those youth with
15reasonable accommodations and adjustments in school policy and
16practice, in-school support services, access to non-school
17based support services, and the ability to make up work missed
18on account of circumstances related to the youth's status as a
19parent, expectant parent, or victim of gender-based violence.
20Victims of gender-based violence must have access to those
21accommodations, adjustments, and services regardless of when
22or where the violence for which they are seeking
23accommodations, adjustments, or services occurred. All
24accommodations, adjustments, and services must be continued
25for as long as necessary to maintain the mental and physical

 

 

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1well-being and safety of the youth.
2    (b) Reasonable accommodations and adjustments provided
3under subsection (a) shall include, but are not limited to, (i)
4the provision of sufficiently private settings to ensure
5confidentiality and time off from class for meetings with
6counselors or other service providers, (ii) assisting the youth
7in creating a student success plan, (iii) transfer of a victim
8of gender-based violence or the student perpetrator to a
9different classroom or school, (iv) change of seating
10assignment, (v) implementation of in-school, school grounds,
11and bus safety procedures, (vi) honoring court orders,
12including orders of protection and no-contact orders, and (vii)
13any other accommodation that may facilitate the full
14participation in the regular education program of youth who are
15parents, expectant parents, or victims of gender-based
16violence.
17    (c) If a youth who is a parent, expectant parent, or victim
18of gender-based violence is a student at risk of academic
19failure or displays poor academic performance, the youth or the
20youth's parent or guardian may request that the school district
21provide the youth with or refer the youth to education and
22support services designed to assist the youth in meeting State
23learning standards. A school district may either provide
24education or support services directly or may collaborate with
25public or private State, local, or community-based
26organizations or agencies that provide these services. A school

 

 

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1district must also assist those youth in accessing the support
2services of non-school based organizations and agencies where
3those youth typically receive services in the community.
4    (d) Any youth who is unable, because of circumstances
5related to the youth's status as a parent, expectant parent, or
6victim of gender-based violence, to participate in classes on a
7particular day or days or at a particular time of day must be
8excused from any examination or any study or work assignments
9on that particular day or days or at that particular time of
10day. It is the responsibility of the teachers and of the school
11administrative personnel and officials to make available to
12each youth who is unable to participate because of
13circumstances related to the youth's status as a parent,
14expectant parent, or victim of gender-based violence a
15meaningful opportunity to make up any examination, study, or
16work requirement that the youth has missed because of the
17inability to participate on any particular day or days or at
18any particular time of day. Costs assessed by a school district
19on the youth for participation in those activities shall be
20considered savable fees for any youth whose parent or guardian
21is unable to afford them, consistent with the provisions of
22Section 10-20.13. Each school district must adopt written
23policies and procedures for waiver of those fees in accordance
24with rules adopted by the State Board of Education.
25    (e) When a school or school district employee or agent
26becomes aware of or suspects a youth's status as a parent,

 

 

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1expectant parent, or victim of gender-based violence, it is the
2responsibility of the employee or agent of the school or school
3district to inform the youth of the available services and
4accommodations at the school and in the community that may
5assist the youth in maintaining the youth's full educational
6participation and the youth's successful performance. The
7school or school district employee or agent must also refer the
8youth to the school district's gender-based violence and
9parenting personnel set forth in Section 26A-35. A school
10district must make respecting a youth's privacy,
11confidentiality, mental and physical health, and safety a
12paramount concern.
13    (f) Each school must honor a youth's decision to obtain
14education and support services, accommodations, and non-school
15based support services, to terminate the receipt of those
16education and support services, accommodations, or non-school
17based support services, or to decline participation in those
18education and support services, accommodations, and non-school
19based support services. No youth is obligated to use education
20and support services, accommodations, or non-school based
21support services. In developing accommodations, adjustments,
22or educational support services, the privacy, mental and
23physical health, and safety of the youth shall be the paramount
24concern. No adverse or prejudicial effects may result to any
25youth because of the youth's availing of or declining the
26provisions of this Section.

 

 

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1    (g) Any support services to youth receiving education and
2support services must be available in any school or by home or
3hospital instruction.
4    (h) Individual, peer, group, and family counseling
5services or psychotherapy must be made available to youth who
6are parents, expectant parents, or victims of gender-based
7violence consistent with the provisions of the Mental Health
8and Developmental Disabilities Code. At least once every school
9year, each school district must inform in writing all school
10personnel and all students 12 years of age or older of the
11availability of counseling without parental or guardian
12consent under Section 3-5A-105 of the Mental Health and
13Developmental Disabilities Code. This information must also be
14provided to students immediately after any school personnel
15becomes aware that a student is a parent, expectant parent, or
16victim of gender-based violence.
17    (i) All domestic or sexual violence organizations and its
18staff and any other non-school organization and its staff shall
19maintain confidentiality pursuant to federal and State laws and
20their professional ethics policies regardless of when or where
21information, advice, counseling, or any other interaction with
22students takes place. A school or school district may not
23request or require those organizations or individuals to breach
24confidentiality.
 
25    (105 ILCS 5/26A-45 new)

 

 

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1    Sec. 26A-45. Assertion of rights; verification.
2    (a) For purposes of youth asserting their rights under
3provisions relating to gender-based violence in Sections
410-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
5school district may require verification of the claim.
6Verification may not be required for a youth to be referred to
7or to receive in-school or out-of-school services. Any one of
8the following shall be acceptable as a form of verification of
9a youth's claim of gender-based violence, only one of which may
10be required by a school district, and the youth or the youth's
11parent or guardian shall choose which form of documentation to
12submit to the school district:
13        (1) A written statement from the youth or anyone who
14    has knowledge of the circumstances that support the youth's
15    claim. This may be in the form of a complaint.
16        (2) A police report, government agency record, or court
17    record.
18        (3) A statement or other documentation from a domestic
19    or sexual violence organization or any other organization
20    from which the youth sought services or advice.
21        (4) Documentation from a lawyer, clergy person,
22    medical professional, or other professional from whom the
23    youth sought gender-based violence services or advice.
24        (5) Any other evidence, such as physical evidence of
25    violence, that supports the claim.
26    All forms of verification received by a school district

 

 

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1under this subsection must be kept in a temporary file.
2    (b) A youth or a youth's parent or guardian who has
3provided acceptable verification that the youth is or has been
4a victim of gender-based violence may not be required to
5provide any additional verification if the youth's efforts to
6assert rights under this Code stem from a claim involving the
7same perpetrator or the same incident of violence. No school or
8school district shall request or require additional
9documentation.
10    (c) The person named to be the perpetrator, the
11perpetrator's family, or any other person named by the youth or
12named by the youth's parent or guardian to be unsafe to contact
13may not be contacted to verify the violence. The perpetrator,
14the perpetrator's family, or any other person named by the
15youth or the youth's parent or guardian to be unsafe may not be
16contacted for any other reason without written permission of
17the youth or written permission of the youth's parent or
18guardian. Permission of the youth's parent or guardian may not
19be pursued when the youth alleges that his or her health or
20safety would be threatened if the school or school district
21contacts the youth's parent or guardian to obtain written
22permission.
 
23    (105 ILCS 5/26A-50 new)
24    Sec. 26A-50. Enforcement of provisions.
25    (a) Violations of this Article are actionable in civil

 

 

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1court. A student who is a parent, expectant parent, or victim
2of gender-based violence has a cause of action against any
3school or school district that fails to exercise due diligence
4in responding to the student who is a parent, expectant parent,
5or victim of gender-based violence whose status it knew or
6should have known about. A student is not required to resolve a
7complaint using the school district's complaint resolution
8procedure developed under Section 26A-25 before filing an
9action in civil court.
10    (b) A prevailing student shall be entitled to all relief
11that would make him or her whole. This relief may include, but
12is not limited to, all of the following:
13        (1) Declaratory relief.
14        (2) Injunctive relief.
15        (3) Recovery of costs and attorney's fees, including,
16    but not limited to, costs for expert testimony and witness
17    fees.
18        (4) Compensatory damages, including, but not limited
19    to:
20            (A) economic loss, including damage, destruction
21        or loss of use of personal property, and loss of past
22        or future earning capacity; and
23            (B) damages for personal injury, disease, or
24        mental and emotional harm, including medical,
25        rehabilitation, pain and suffering, and physical
26        impairment.

 

 

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1        (5) Punitive damages.
 
2    (105 ILCS 5/26A-55 new)
3    Sec. 26A-55. Prohibited practices. No school or school
4district may take any adverse action against a student who is a
5parent, expectant parent, or victim of gender-based violence
6because the student or his or her parent or guardian (i)
7exercises or attempts to exercise his or her rights under this
8Article, (ii) opposes practices that the student or his or her
9parent or guardian believes to be in violation of this Article,
10or (iii) supports the exercise of the rights of another under
11this Article. Exercising rights under this Article includes,
12but is not limited to, filing an action, instituting or causing
13to be instituted any proceeding under or related to this
14Article, or in any manner requesting, availing himself or
15herself of, or declining any of the provisions of this Article,
16including, but not limited to, accommodations or services.
 
17    (105 ILCS 5/27A-5)
18    Sec. 27A-5. Charter school; legal entity; requirements.
19    (a) A charter school shall be a public, nonsectarian,
20nonreligious, non-home based, and non-profit school. A charter
21school shall be organized and operated as a nonprofit
22corporation or other discrete, legal, nonprofit entity
23authorized under the laws of the State of Illinois.
24    (b) A charter school may be established under this Article

 

 

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1by creating a new school or by converting an existing public
2school or attendance center to charter school status. Beginning
3on April 16, 2003 (the effective date of Public Act 93-3), in
4all new applications to establish a charter school in a city
5having a population exceeding 500,000, operation of the charter
6school shall be limited to one campus. The changes made to this
7Section by Public Act 93-3 do not apply to charter schools
8existing or approved on or before April 16, 2003 (the effective
9date of Public Act 93-3).
10    (b-5) In this subsection (b-5), "virtual-schooling" means
11a cyber school where students engage in online curriculum and
12instruction via the Internet and electronic communication with
13their teachers at remote locations and with students
14participating at different times.
15    From April 1, 2013 through December 31, 2016, there is a
16moratorium on the establishment of charter schools with
17virtual-schooling components in school districts other than a
18school district organized under Article 34 of this Code. This
19moratorium does not apply to a charter school with
20virtual-schooling components existing or approved prior to
21April 1, 2013 or to the renewal of the charter of a charter
22school with virtual-schooling components already approved
23prior to April 1, 2013.
24    On or before March 1, 2014, the Commission shall submit to
25the General Assembly a report on the effect of
26virtual-schooling, including without limitation the effect on

 

 

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1student performance, the costs associated with
2virtual-schooling, and issues with oversight. The report shall
3include policy recommendations for virtual-schooling.
4    (c) A charter school shall be administered and governed by
5its board of directors or other governing body in the manner
6provided in its charter. The governing body of a charter school
7shall be subject to the Freedom of Information Act and the Open
8Meetings Act.
9    (d) For purposes of this subsection (d), "non-curricular
10health and safety requirement" means any health and safety
11requirement created by statute or rule to provide, maintain,
12preserve, or safeguard safe or healthful conditions for
13students and school personnel or to eliminate, reduce, or
14prevent threats to the health and safety of students and school
15personnel. "Non-curricular health and safety requirement" does
16not include any course of study or specialized instructional
17requirement for which the State Board has established goals and
18learning standards or which is designed primarily to impart
19knowledge and skills for students to master and apply as an
20outcome of their education.
21    A charter school shall comply with all non-curricular
22health and safety requirements applicable to public schools
23under the laws of the State of Illinois. On or before September
241, 2015, the State Board shall promulgate and post on its
25Internet website a list of non-curricular health and safety
26requirements that a charter school must meet. The list shall be

 

 

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1updated annually no later than September 1. Any charter
2contract between a charter school and its authorizer must
3contain a provision that requires the charter school to follow
4the list of all non-curricular health and safety requirements
5promulgated by the State Board and any non-curricular health
6and safety requirements added by the State Board to such list
7during the term of the charter. Nothing in this subsection (d)
8precludes an authorizer from including non-curricular health
9and safety requirements in a charter school contract that are
10not contained in the list promulgated by the State Board,
11including non-curricular health and safety requirements of the
12authorizing local school board.
13    (e) Except as otherwise provided in the School Code, a
14charter school shall not charge tuition; provided that a
15charter school may charge reasonable fees for textbooks,
16instructional materials, and student activities.
17    (f) A charter school shall be responsible for the
18management and operation of its fiscal affairs including, but
19not limited to, the preparation of its budget. An audit of each
20charter school's finances shall be conducted annually by an
21outside, independent contractor retained by the charter
22school. To ensure financial accountability for the use of
23public funds, on or before December 1 of every year of
24operation, each charter school shall submit to its authorizer
25and the State Board a copy of its audit and a copy of the Form
26990 the charter school filed that year with the federal

 

 

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1Internal Revenue Service. In addition, if deemed necessary for
2proper financial oversight of the charter school, an authorizer
3may require quarterly financial statements from each charter
4school.
5    (g) A charter school shall comply with all provisions of
6this Article, the Illinois Educational Labor Relations Act, all
7federal and State laws and rules applicable to public schools
8that pertain to special education and the instruction of
9English learners, and its charter. A charter school is exempt
10from all other State laws and regulations in this Code
11governing public schools and local school board policies;
12however, a charter school is not exempt from the following:
13        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
14    criminal history records checks and checks of the Statewide
15    Sex Offender Database and Statewide Murderer and Violent
16    Offender Against Youth Database of applicants for
17    employment;
18        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
19    34-84a of this Code regarding discipline of students;
20        (3) the Local Governmental and Governmental Employees
21    Tort Immunity Act;
22        (4) Section 108.75 of the General Not For Profit
23    Corporation Act of 1986 regarding indemnification of
24    officers, directors, employees, and agents;
25        (5) the Abused and Neglected Child Reporting Act;
26        (5.5) subsection (b) of Section 10-23.12 and

 

 

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1    subsection (b) of Section 34-18.6 of this Code;
2        (6) the Illinois School Student Records Act;
3        (7) Section 10-17a of this Code regarding school report
4    cards;
5        (8) the P-20 Longitudinal Education Data System Act;
6        (9) Section 27-23.7 of this Code regarding bullying
7    prevention;
8        (10) Section 2-3.162 of this Code regarding student
9    discipline reporting;
10        (11) Sections 22-80 and 27-8.1 of this Code;
11        (12) Sections 10-20.60 and 34-18.53 of this Code;
12        (13) Sections 10-20.63 and 34-18.56 of this Code; and
13        (14) Section 26-18 of this Code; and
14        (15) Section 22-30 of this Code; and .
15        (16) Article 26A.
16    The change made by Public Act 96-104 to this subsection (g)
17is declaratory of existing law.
18    (h) A charter school may negotiate and contract with a
19school district, the governing body of a State college or
20university or public community college, or any other public or
21for-profit or nonprofit private entity for: (i) the use of a
22school building and grounds or any other real property or
23facilities that the charter school desires to use or convert
24for use as a charter school site, (ii) the operation and
25maintenance thereof, and (iii) the provision of any service,
26activity, or undertaking that the charter school is required to

 

 

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1perform in order to carry out the terms of its charter.
2However, a charter school that is established on or after April
316, 2003 (the effective date of Public Act 93-3) and that
4operates in a city having a population exceeding 500,000 may
5not contract with a for-profit entity to manage or operate the
6school during the period that commences on April 16, 2003 (the
7effective date of Public Act 93-3) and concludes at the end of
8the 2004-2005 school year. Except as provided in subsection (i)
9of this Section, a school district may charge a charter school
10reasonable rent for the use of the district's buildings,
11grounds, and facilities. Any services for which a charter
12school contracts with a school district shall be provided by
13the district at cost. Any services for which a charter school
14contracts with a local school board or with the governing body
15of a State college or university or public community college
16shall be provided by the public entity at cost.
17    (i) In no event shall a charter school that is established
18by converting an existing school or attendance center to
19charter school status be required to pay rent for space that is
20deemed available, as negotiated and provided in the charter
21agreement, in school district facilities. However, all other
22costs for the operation and maintenance of school district
23facilities that are used by the charter school shall be subject
24to negotiation between the charter school and the local school
25board and shall be set forth in the charter.
26    (j) A charter school may limit student enrollment by age or

 

 

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1grade level.
2    (k) If the charter school is approved by the Commission,
3then the Commission charter school is its own local education
4agency.
5(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
6eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
799-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
8100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
91-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
10eff. 8-14-18; revised 10-5-18.)
 
11    (105 ILCS 5/34-18.24)
12    Sec. 34-18.24. Transfer of students.
13    (a) The board shall establish and implement a policy
14governing the transfer of a student from one attendance center
15to another within the school district upon the request of the
16student's parent or guardian. A student may not transfer to any
17of the following attendance centers, except by change in
18residence if the policy authorizes enrollment based on
19residence in an attendance area or unless approved by the board
20on an individual basis:
21        (1) An attendance center that exceeds or as a result of
22    the transfer would exceed its attendance capacity.
23        (2) An attendance center for which the board has
24    established academic criteria for enrollment if the
25    student does not meet the criteria.

 

 

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1        (3) Any attendance center if the transfer would prevent
2    the school district from meeting its obligations under a
3    State or federal law, court order, or consent decree
4    applicable to the school district.
5(b) The board shall establish and implement a policy governing
6the transfer of students within the school district from a
7persistently dangerous attendance center to another attendance
8center in that district that is not deemed to be persistently
9dangerous. In order to be considered a persistently dangerous
10attendance center, the attendance center must meet all of the
11following criteria for 2 consecutive years:
12        (1) Have greater than 3% of the students enrolled in
13    the attendance center expelled for violence-related
14    conduct.
15        (2) Have one or more students expelled for bringing a
16    firearm to school as defined in 18 U.S.C. 921.
17        (3) Have at least 3% of the students enrolled in the
18    attendance center exercise the individual option to
19    transfer attendance centers pursuant to subsection (c) of
20    this Section.
21    (c) A student may transfer from one attendance center to
22another attendance center within the district if the student is
23a victim of a violent crime as defined in Section 3 of the
24Rights of Crime Victims and Witnesses Act. The violent crime
25must have occurred on school grounds during regular school
26hours or during a school-sponsored event.

 

 

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1    (d) (Blank).
2    (e) Notwithstanding any other provision of this Code, a
3student who is a victim of gender-based violence, as defined in
4Article 26A, must be permitted to transfer schools immediately
5and as needed, including to a school in another school
6district, if the student's continued attendance at a particular
7attendance center, school facility, or school location poses a
8risk to the student's mental or physical well-being or safety.
9A transfer under this subsection within the school district
10must be considered before a transfer into a different school
11district. The school district the student transfers to must be
12an adjoining school district, unless there is no attendance
13center, school facility, or school location in that district in
14which the student's attendance poses no risk to the student's
15mental or physical well-being or safety. The school district
16the student seeks to transfer to may deny a transfer to a
17particular attendance center if (i) the attendance center
18exceeds or, as a result of the transfer, would exceed its
19attendance capacity, (ii) the student does not meet the
20attendance center's academic criteria for enrollment, or (iii)
21the transfer would prevent the school district from meeting
22obligations under State or federal law, a court order, or a
23consent decree. If no adjoining school district is available
24for transfer, the student may transfer to another school
25district, unless there is no attendance center, school
26facility, or school location in that district in which the

 

 

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1student's attendance poses no risk to the student's mental or
2physical well-being or safety. The school district the student
3seeks to transfer to may deny a transfer to a particular
4attendance center if any of the situations described in items
5(i) through (iii) of this subsection apply. A school district
6must waive tuition for a student who transfers under this
7subsection to the school district and is a nonresident. A
8student who transfers to another school under this subsection
9due to gender-based violence must have full and immediate
10access to extracurricular activities and any programs or
11activities offered by or under the auspices of the school to
12which the student has transferred. The school district may not
13require a student who is a victim of gender-based violence to
14transfer to another school or school district. No adverse or
15prejudicial effects may result to any student who is a victim
16of gender-based violence because of the student availing
17himself or herself of or declining the provisions of this
18subsection.
19(Source: P.A. 100-1046, eff. 8-23-18.)
 
20    Section 10. The Illinois School Student Records Act is
21amended by changing Section 5 as follows:
 
22    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
23    Sec. 5. (a) A parent or any person specifically designated
24as a representative by a parent shall have the right to inspect

 

 

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1and copy all school student permanent and temporary records of
2that parent's child, except if the child is a parent, expectant
3parent, or victim of gender-based violence, as defined in
4Article 26A. All information concerning a student's status and
5related experiences as a parent, expectant parent, or victim of
6gender-based violence, including a statement of the student or
7any other documentation, record, or corroborating evidence and
8the fact that the student has requested or obtained assistance,
9accommodations, or services related to that status, must be
10retained by the school in the strictest confidence. The
11information contained in the student's permanent or temporary
12record may be disclosed if, prior to disclosing the information
13about a student's status as a parent, expectant parent, or
14victim of gender-based violence, the school notifies the
15student and discusses and addresses any health or safety
16concerns related to that disclosure. If the student's health or
17safety concerns are incapable of being satisfied to the
18student's satisfaction, the information concerning the
19student's status and related experiences as a parent, expectant
20parent, or victim of gender-based violence may not be disclosed
21as part of the student's permanent or temporary record.
22Enforcement of this exception is as provided in Section 26A-40.
23A student shall have the right to inspect and copy his or her
24school student permanent record. No person who is prohibited by
25an order of protection from inspecting or obtaining school
26records of a student pursuant to the Illinois Domestic Violence

 

 

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1Act of 1986, as now or hereafter amended, shall have any right
2of access to, or inspection of, the school records of that
3student. If a school's principal or person with like
4responsibilities or his designee has knowledge of such order of
5protection, the school shall prohibit access or inspection of
6the student's school records by such person.
7    (b) Whenever access to any person is granted pursuant to
8paragraph (a) of this Section, at the option of either the
9parent or the school a qualified professional, who may be a
10psychologist, counsellor or other advisor, and who may be an
11employee of the school or employed by the parent, may be
12present to interpret the information contained in the student
13temporary record. If the school requires that a professional be
14present, the school shall secure and bear any cost of the
15presence of the professional. If the parent so requests, the
16school shall secure and bear any cost of the presence of a
17professional employed by the school.
18    (c) A parent's or student's request to inspect and copy
19records, or to allow a specifically designated representative
20to inspect and copy records, must be granted within a
21reasonable time, and in no case later than 10 business days
22after the date of receipt of such request by the official
23records custodian.
24    (c-5) The time for response under this Section may be
25extended by the school district by not more than 5 business
26days from the original due date for any of the following

 

 

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1reasons:
2        (1) the requested records are stored in whole or in
3    part at other locations than the office having charge of
4    the requested records;
5        (2) the request requires the collection of a
6    substantial number of specified records;
7        (3) the request is couched in categorical terms and
8    requires an extensive search for the records responsive to
9    it;
10        (4) the requested records have not been located in the
11    course of routine search and additional efforts are being
12    made to locate them;
13        (5) the request for records cannot be complied with by
14    the school district within the time limits prescribed by
15    subsection (c) of this Section without unduly burdening or
16    interfering with the operations of the school district; or
17        (6) there is a need for consultation, which shall be
18    conducted with all practicable speed, with another public
19    body or school district or among 2 or more components of a
20    public body or school district having a substantial
21    interest in the determination or in the subject matter of
22    the request.
23    The person making a request and the school district may
24agree in writing to extend the time for compliance for a period
25to be determined by the parties. If the requester and the
26school district agree to extend the period for compliance, a

 

 

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1failure by the school district to comply with any previous
2deadlines shall not be treated as a denial of the request for
3the records.
4    (d) The school may charge its reasonable costs for the
5copying of school student records, not to exceed the amounts
6fixed in schedules adopted by the State Board, to any person
7permitted to copy such records, except that no parent or
8student shall be denied a copy of school student records as
9permitted under this Section 5 for inability to bear the cost
10of such copying.
11    (e) Nothing contained in this Section 5 shall make
12available to a parent or student confidential letters and
13statements of recommendation furnished in connection with
14applications for employment to a post-secondary educational
15institution or the receipt of an honor or honorary recognition,
16provided such letters and statements are not used for purposes
17other than those for which they were specifically intended, and
18        (1) were placed in a school student record prior to
19    January 1, 1975; or
20        (2) the student has waived access thereto after being
21    advised of his right to obtain upon request the names of
22    all such persons making such confidential recommendations.
23    (f) Nothing contained in this Act shall be construed to
24impair or limit the confidentiality of:
25        (1) Communications otherwise protected by law as
26    privileged or confidential, including but not limited to,

 

 

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1    information communicated in confidence to a physician,
2    psychologist or other psychotherapist, school social
3    worker, school counselor, school psychologist, or school
4    social worker, school counselor, or school psychologist
5    intern who works under the direct supervision of a school
6    social worker, school counselor, or school psychologist;
7    or
8        (2) Information which is communicated by a student or
9    parent in confidence to school personnel; or
10        (3) Information which is communicated by a student,
11    parent, or guardian to a law enforcement professional
12    working in the school, except as provided by court order.
13    (g) No school employee shall be subjected to adverse
14employment action, the threat of adverse employment action, or
15any manner of discrimination because the employee is acting or
16has acted to protect communications as privileged or
17confidential pursuant to applicable provisions of State or
18federal law or rule or regulation.
19(Source: P.A. 100-532, eff. 9-22-17.)
 
20    Section 990. The State Mandates Act is amended by adding
21Section 8.43 as follows:
 
22    (30 ILCS 805/8.43 new)
23    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
24of this Act, no reimbursement by the State is required for the

 

 

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1implementation of any mandate created by this amendatory Act of
2the 101st General Assembly.
 
3    Section 999. Effective date. This Act takes effect upon
4becoming law.".