Illinois General Assembly - Bill Status for HB0192

Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986 to provide that under no circumstances shall a stalking no contact order, civil no contact order, or order of protection require a school district to prohibit entrance of a respondent student where the respondent student is the recipient of special education services pursuant to an individualized education plan. Provides that no stalking no contact order, civil no contact order, or order of protection may require a change in placement or a material change in services for either the petitioner or respondent student under the federal Individuals with Disabilities Education Act and the School Code. Provides that federal and State law regarding special education and related services prevail in the event of a conflict with an order under any of the Acts. Provides that where a respondent student subject to an order under any of the Acts requests a transfer to another school within the district, then the district may, in its sole discretion, transfer the student to another school. Provides that the choice of school to which a respondent student is transferred is at the sole discretion of the district. Provides that no district violates an order under any of the Acts for permitting a respondent student to attend a school in the district where the student is a properly enrolled student.

Deletes everything after the enacting clause. Amends the Stalking No Contact Order Act. Provides that the court may order that the respondent accept a change of educational placement or program, as determined by the School District (instead of accept a change of educational placement or program). Provides that if a respondent claims that an educational transfer, change of placement or change of program of the respondent is not available, the respondent may not base that assertion on the ground that the respondent does not agree with the School District's transfer or change of placement or program or the respondent fails or refuses to consent or otherwise take actions required to effectuate a transfer, change of placement or change of program. Provides that, with respect to the enforcement of a civil no contact order, the court: (i) shall not hold a school district or any of its employees in civil or criminal contempt unless the school district has been allowed to intervene; and (ii) may hold the parents, guardian or legal custodian of the minor respondent in civil or criminal contempt for a violation of an order, for conduct of the minor in violation of this Act if the parents, guardian or legal custodian directed, encouraged, or assisted the minor in the conduct.

Deletes everything after the enacting clause. Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Provides that when the respondent attends a public, private, or non-public elementary, middle, or high school the court may tailor the order protecting a petitioner after considering all relevant factors including the physical danger or emotional distress to the petitioner, the severity of the act, and all factors relating to the education of a petitioner and respondent. Provides that the court may order that the respondent accept a change of educational placement or program, as determined by the school district or private or non-public school. Provides that if a respondent claims that an educational transfer, a change of placement, or a change of program of the respondent is not available, the respondent may not base that assertion on the grounds that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or that the respondent fails, refuses, or take actions for a transfer, change of placement, or change of program. Provides that the court may make the parents, guardian, or legal custodian of the respondent responsible for costs associated with the respondent's placement under the order. Provides that, with respect to the enforcement of an order, the court: (i) shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene; and (ii) may hold the parents, guardian, or legal custodian of the minor respondent in civil or criminal contempt for a violation of an order for conduct of the minor in violation of the Act if the parents, guardian, or legal custodian directed, encouraged, or assisted the minor in the conduct. Makes other changes.

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