Full Text of SB0449 101st General Assembly
SB0449ham001 101ST GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and | 6 | | 34-18.24 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
| 10 | | policy governing the transfer of a student from one attendance | 11 | | center to
another within the
school district upon the request | 12 | | of the student's parent or guardian.
A
student may not transfer | 13 | | to any of the following attendance centers, except by
change in
| 14 | | residence if the policy authorizes enrollment based on | 15 | | residence in an
attendance area
or unless approved by the board | 16 | | on 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 | 11 | | policy governing the
transfer of students within a school | 12 | | district from a persistently dangerous
school to another public | 13 | | school in that district that is not deemed to be
persistently | 14 | | dangerous.
In order to be considered a persistently dangerous | 15 | | school, the
school must meet all of the following criteria for | 16 | | 2 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
| 25 | | another public school in that district if the student is a | 26 | | victim of a violent
crime as defined in Section 3 of the Rights |
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| 1 | | of Crime Victims and Witnesses Act.
The violent crime must have | 2 | | occurred on school grounds during regular school
hours or | 3 | | during a school-sponsored event.
| 4 | | (d) (Blank).
| 5 | | (e) Notwithstanding any other provision of this Code, a | 6 | | student who is a victim of gender-based violence, as defined in | 7 | | Article 26A, must be permitted to transfer schools immediately | 8 | | and as needed, including to a school in another school | 9 | | district, if the student's continued attendance at a particular | 10 | | attendance center, school facility, or school location poses a | 11 | | risk to the student's mental or physical well-being or safety. | 12 | | A transfer under this subsection within the student's current | 13 | | school district must be considered before a transfer into a | 14 | | different school district. The school district the student | 15 | | transfers to must be an adjoining school district, unless there | 16 | | is no attendance center, school facility, or school location in | 17 | | that district in which the student's attendance poses no risk | 18 | | to the student's mental or physical well-being or safety. The | 19 | | school district the student seeks to transfer to may deny a | 20 | | transfer to a particular attendance center if (i) the | 21 | | attendance center exceeds or, as a result of the transfer, | 22 | | would exceed its attendance capacity, (ii) the student does not | 23 | | meet the attendance center's academic criteria for enrollment, | 24 | | or (iii) the transfer would prevent the school district from | 25 | | meeting obligations under State or federal law, a court order, | 26 | | or a consent decree. If no adjoining school district is |
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| 1 | | available for transfer, the student may transfer to another | 2 | | school district, unless there is no attendance center, school | 3 | | facility, or school location in that district in which the | 4 | | student's attendance poses no risk to the student's mental or | 5 | | physical well-being or safety. The school district the student | 6 | | seeks to transfer to may deny a transfer to a particular | 7 | | attendance center if any of the situations described in items | 8 | | (i) through (iii) of this subsection apply. A school district | 9 | | must waive tuition for a student who transfers under this | 10 | | subsection to the school district and is a nonresident. A | 11 | | student who transfers to another school under this subsection | 12 | | due to gender-based violence must have full and immediate | 13 | | access to extracurricular activities and any programs or | 14 | | activities offered by or under the auspices of the school to | 15 | | which the student has transferred. A school district may not | 16 | | require a student who is a victim of gender-based violence to | 17 | | transfer to another school or school district. No adverse or | 18 | | prejudicial effects may result to any student who is a victim | 19 | | of gender-based violence because of the student availing | 20 | | himself or herself of or declining the provisions of this | 21 | | subsection. | 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 | 25 | | searches.
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| 1 | | (a) To expel pupils guilty of gross disobedience or | 2 | | misconduct, including gross disobedience or misconduct | 3 | | perpetuated by electronic means, pursuant to subsection (b-20) | 4 | | of this Section, and
no action shall lie against them for such | 5 | | expulsion. Expulsion shall
take place only after the parents | 6 | | have been requested to appear at a
meeting of the board, or | 7 | | with a hearing officer appointed by it, to
discuss their | 8 | | child's behavior. Such request shall be made by registered
or | 9 | | certified mail and shall state the time, place and purpose of | 10 | | the
meeting. The board, or a hearing officer appointed by it, | 11 | | at such
meeting shall state the reasons for dismissal and the | 12 | | date on which the
expulsion is to become effective. If a | 13 | | hearing officer is appointed by
the board, he shall report to | 14 | | the board a written summary of the evidence
heard at the | 15 | | meeting and the board may take such action thereon as it
finds | 16 | | appropriate. If the board acts to expel a pupil, the written | 17 | | expulsion decision shall detail the specific reasons why | 18 | | removing the pupil from the learning environment is in the best | 19 | | interest of the school. The expulsion decision shall also | 20 | | include a rationale as to the specific duration of the | 21 | | expulsion. An expelled pupil may be immediately transferred to | 22 | | an alternative program in the manner provided in Article 13A or | 23 | | 13B of this Code. A pupil must not be denied transfer because | 24 | | of the expulsion, except in cases in which such transfer is | 25 | | deemed to cause a threat to the safety of students or staff in | 26 | | the alternative program.
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| 1 | | (b) To suspend or by policy to authorize the superintendent | 2 | | of
the district or the principal, assistant principal, or dean | 3 | | of students
of any school to suspend pupils guilty of gross | 4 | | disobedience or misconduct, or
to suspend pupils guilty of | 5 | | gross disobedience or misconduct on the school bus
from riding | 6 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 7 | | this Section, and no action
shall lie against them for such | 8 | | suspension. The board may by policy
authorize the | 9 | | superintendent of the district or the principal, assistant
| 10 | | principal, or dean of students of any
school to suspend pupils | 11 | | guilty of such acts for a period not to exceed
10 school days. | 12 | | If a pupil is suspended due to gross disobedience or misconduct
| 13 | | on a school bus, the board may suspend the pupil in excess of | 14 | | 10
school
days for safety reasons. | 15 | | Any suspension shall be reported immediately to the
parents | 16 | | or guardian of a pupil along with a full statement of the
| 17 | | reasons for such suspension and a notice of their right to a | 18 | | review. The school board must be given a summary of the notice, | 19 | | including the reason for the suspension and the suspension | 20 | | length. Upon request of the
parents or guardian, the school | 21 | | board or a hearing officer appointed by
it shall review such | 22 | | action of the superintendent or principal, assistant
| 23 | | principal, or dean of students. At such
review, the parents or | 24 | | guardian of the pupil may appear and discuss the
suspension | 25 | | with the board or its hearing officer. If a hearing officer
is | 26 | | appointed by the board, he shall report to the board a written |
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| 1 | | summary
of the evidence heard at the meeting. After its hearing | 2 | | or upon receipt
of the written report of its hearing officer, | 3 | | the board may take such
action as it finds appropriate. If a | 4 | | student is suspended pursuant to this subsection (b), the board | 5 | | shall, in the written suspension decision, detail the specific | 6 | | act of gross disobedience or misconduct resulting in the | 7 | | decision to suspend. The suspension decision shall also include | 8 | | a rationale as to the specific duration of the suspension. A | 9 | | pupil who is suspended in excess of 20 school days may be | 10 | | immediately transferred to an alternative program in the manner | 11 | | provided in Article 13A or 13B of this Code. A pupil must not | 12 | | be denied transfer because of the suspension, except in cases | 13 | | in which such transfer is deemed to cause a threat to the | 14 | | safety of students or staff in the alternative program.
| 15 | | (b-5) Among the many possible disciplinary interventions | 16 | | and consequences available to school officials, school | 17 | | exclusions, such as out-of-school suspensions and expulsions, | 18 | | are the most serious. School officials shall limit the number | 19 | | and duration of expulsions and suspensions to the greatest | 20 | | extent practicable, and it is recommended that they use them | 21 | | only for legitimate educational purposes. To ensure that | 22 | | students are not excluded from school unnecessarily, it is | 23 | | recommended that school officials consider forms of | 24 | | non-exclusionary discipline prior to using out-of-school | 25 | | suspensions or expulsions. | 26 | | (b-10) Unless otherwise required by federal law or this |
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| 1 | | Code, school boards may not institute zero-tolerance policies | 2 | | by which school administrators are required to suspend or expel | 3 | | students for particular behaviors. | 4 | | (b-15) Out-of-school suspensions of 3 days or less may be | 5 | | used only if the student's continuing presence in school would | 6 | | pose a threat to school safety or a disruption to other | 7 | | students' learning opportunities. For purposes of this | 8 | | subsection (b-15), "threat to school safety or a disruption to | 9 | | other students' learning opportunities" shall be determined on | 10 | | a case-by-case basis by the school board or its designee. | 11 | | School officials shall make all reasonable efforts to resolve | 12 | | such threats, address such disruptions, and minimize the length | 13 | | of suspensions to the greatest extent practicable. | 14 | | (b-20) Unless otherwise required by this Code, | 15 | | out-of-school suspensions of longer than 3 days, expulsions, | 16 | | and disciplinary removals to alternative schools may be used | 17 | | only if other appropriate and available behavioral and | 18 | | disciplinary interventions have been exhausted and the | 19 | | student's continuing presence in school would either (i) pose a
| 20 | | threat to the safety of other students, staff, or members of
| 21 | | the school community or (ii) substantially disrupt, impede, or
| 22 | | interfere with the operation of the school. For purposes of | 23 | | this subsection (b-20), "threat to the safety of other | 24 | | students, staff, or members of the school community" and | 25 | | "substantially disrupt, impede, or interfere with the | 26 | | operation of the school" shall be determined on a case-by-case |
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| 1 | | basis by school officials. For purposes of this subsection | 2 | | (b-20), the determination of whether "appropriate and | 3 | | available behavioral and disciplinary interventions have been | 4 | | exhausted" shall be made by school officials. School officials | 5 | | shall make all reasonable efforts to resolve such threats, | 6 | | address such disruptions, and minimize the length of student | 7 | | exclusions to the greatest extent practicable. Within the | 8 | | suspension decision described in subsection (b) of this Section | 9 | | or the expulsion decision described in subsection (a) of this | 10 | | Section, it shall be documented whether other interventions | 11 | | were attempted or whether it was determined that there were no | 12 | | other appropriate and available interventions. | 13 | | (b-25) Students who are suspended out-of-school for longer | 14 | | than 4 school days shall be provided appropriate and available | 15 | | support services during the period of their suspension. For | 16 | | purposes of this subsection (b-25), "appropriate and available | 17 | | support services" shall be determined by school authorities. | 18 | | Within the suspension decision described in subsection (b) of | 19 | | this Section, it shall be documented whether such services are | 20 | | to be provided or whether it was determined that there are no | 21 | | such appropriate and available services. | 22 | | A school district may refer students who are expelled to | 23 | | appropriate and available support services. | 24 | | A school district shall create a policy to facilitate the | 25 | | re-engagement of students who are suspended out-of-school, | 26 | | expelled, or returning from an alternative school setting. |
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| 1 | | (b-30) A school district shall create a policy by which | 2 | | suspended pupils, including those pupils suspended from the | 3 | | school bus who do not have alternate transportation to school, | 4 | | shall have the opportunity to make up work for equivalent | 5 | | academic credit. It shall be the responsibility of a pupil's | 6 | | parent or guardian to notify school officials that a pupil | 7 | | suspended from the school bus does not have alternate | 8 | | transportation to school. | 9 | | (b-35) In all suspension or expulsion proceedings, a | 10 | | student may disclose his or her status as a parent, expectant | 11 | | parent, or victim of gender-based violence, as defined in | 12 | | Article 26A, which must be considered as a mitigating factor in | 13 | | determining whether to suspend or expel the student or in | 14 | | deciding the nature or severity of the disciplinary action at | 15 | | any time throughout the proceedings. An advocate or | 16 | | representative of the student's choice must be permitted to | 17 | | represent the student throughout the proceedings and to consult | 18 | | with the school board if there is evidence that the student's | 19 | | status as a parent, expectant parent, or victim of gender-based | 20 | | violence may be a factor in the cause for expulsion or | 21 | | suspension. A student who discloses his or her status as a | 22 | | victim of gender-based violence may not be required to work out | 23 | | the problem directly with the perpetrator or the perpetrator's | 24 | | advocate or representative, be personally questioned or | 25 | | cross-examined by the perpetrator or the perpetrator's | 26 | | advocate or representative, have any direct contact with the |
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| 1 | | perpetrator or the perpetrator's advocate or representative, | 2 | | or be in the same room as the perpetrator or the perpetrator's | 3 | | advocate or representative during the proceedings. A | 4 | | suspension or expulsion proceeding under this subsection must | 5 | | be conducted independently from any ongoing criminal | 6 | | investigation or proceeding, and a lack of pursuit of criminal | 7 | | investigations or proceedings may not be a factor in school | 8 | | disciplinary decisions. | 9 | | (c) The Department of Human Services
shall be invited to | 10 | | send a representative to consult with the board at
such meeting | 11 | | whenever there is evidence that mental illness may be the
cause | 12 | | for expulsion or suspension.
| 13 | | (c-5) School districts shall make reasonable efforts to | 14 | | provide ongoing professional development to teachers, | 15 | | administrators, school board members, school resource | 16 | | officers, and staff on the adverse consequences of school | 17 | | exclusion and justice-system involvement, effective classroom | 18 | | management strategies, culturally responsive discipline, the | 19 | | appropriate and available supportive services for the | 20 | | promotion of student attendance and engagement, and | 21 | | developmentally appropriate disciplinary methods that promote | 22 | | positive and healthy school climates. | 23 | | (d) The board may expel a student for a definite period of | 24 | | time not to
exceed 2 calendar years, as determined on a | 25 | | case-by-case basis.
A student who
is determined to have brought | 26 | | one of the following objects to school, any school-sponsored |
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| 1 | | activity
or event, or any activity or event that bears a | 2 | | reasonable relationship to school shall be expelled for a | 3 | | period 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. | 21 | | Expulsion
or suspension
shall be construed in a
manner | 22 | | consistent with the federal Federal Individuals with | 23 | | Disabilities Education
Act. A student who is subject to | 24 | | suspension or expulsion as provided in this
Section may be | 25 | | eligible for a transfer to an alternative school program in
| 26 | | accordance with Article 13A of the School Code.
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| 1 | | (d-5) The board may suspend or by regulation
authorize the | 2 | | superintendent of the district or the principal, assistant
| 3 | | principal, or dean of students of any
school to suspend a | 4 | | student for a period not to exceed
10 school days or may expel | 5 | | a student for a definite period of time not to
exceed 2 | 6 | | calendar years, as determined on a case-by-case basis, if (i) | 7 | | that student has been determined to have made an explicit | 8 | | threat on an Internet website against a school employee, a | 9 | | student, or any school-related personnel, (ii) the Internet | 10 | | website through which the threat was made is a site that was | 11 | | accessible within the school at the time the threat was made or | 12 | | was available to third parties who worked or studied within the | 13 | | school grounds at the time the threat was made, and (iii) the | 14 | | threat could be reasonably interpreted as threatening to the | 15 | | safety and security of the threatened individual because of his | 16 | | or her duties or employment status or status as a student | 17 | | inside the school.
| 18 | | (e) To maintain order and security in the schools, school | 19 | | authorities may
inspect and search places and areas such as | 20 | | lockers, desks, parking lots, and
other school property and | 21 | | equipment owned or controlled by the school, as well
as | 22 | | personal effects left in those places and areas by students, | 23 | | without notice
to or the consent of the student, and without a | 24 | | search warrant. As a matter of
public policy, the General | 25 | | Assembly finds that students have no reasonable
expectation of | 26 | | privacy in these places and areas or in their personal effects
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| 1 | | left in these places and areas. School authorities may request | 2 | | the assistance
of law enforcement officials for the purpose of | 3 | | conducting inspections and
searches of lockers, desks, parking | 4 | | lots, and other school property and
equipment owned or | 5 | | controlled by the school for illegal drugs, weapons, or
other
| 6 | | illegal or dangerous substances or materials, including | 7 | | searches conducted
through the use of specially trained dogs. | 8 | | If a search conducted in accordance
with this Section produces | 9 | | evidence that the student has violated or is
violating either | 10 | | the law, local ordinance, or the school's policies or rules,
| 11 | | such evidence may be seized by school authorities, and | 12 | | disciplinary action may
be taken. School authorities may also | 13 | | turn over such evidence to law
enforcement authorities.
| 14 | | (f) Suspension or expulsion may include suspension or | 15 | | expulsion from
school and all school activities and a | 16 | | prohibition from being present on school
grounds.
| 17 | | (g) A school district may adopt a policy providing that if | 18 | | a student
is suspended or expelled for any reason from any | 19 | | public or private school
in this or any other state, the | 20 | | student must complete the entire term of
the suspension or | 21 | | expulsion in an alternative school program under Article 13A of | 22 | | this Code or an alternative learning opportunities program | 23 | | under Article 13B of this Code before being admitted into the | 24 | | school
district if there is no threat to the safety of students | 25 | | or staff in the alternative program. A school district that | 26 | | adopts a policy under this subsection must include a provision |
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| 1 | | allowing for consideration of a student's status as a parent, | 2 | | expectant parent, or victim of gender-based violence, as | 3 | | defined in Article 26A, as a mitigating factor in reviews | 4 | | during the disciplinary period and exempting, on a case-by-case | 5 | | basis, from suspension or expulsion those students whose status | 6 | | as a parent, expectant parent, or victim of gender-based | 7 | | violence is a factor in the behavior that gave rise to the | 8 | | suspension or expulsion.
| 9 | | (h) School officials shall not advise or encourage students | 10 | | to drop out voluntarily due to behavioral or academic | 11 | | difficulties. | 12 | | (i) A student may not be issued a monetary fine or fee as a | 13 | | disciplinary consequence, though this shall not preclude | 14 | | requiring a student to provide restitution for lost, stolen, or | 15 | | damaged property. | 16 | | (j) Subsections (a) through (i) and subsection (m) of this | 17 | | Section shall apply to elementary and secondary schools, | 18 | | charter schools, special charter districts, and school | 19 | | districts organized under Article 34 of this Code. | 20 | | (k) The expulsion of children enrolled in programs funded | 21 | | under Section 1C-2 of this Code is subject to the requirements | 22 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this | 23 | | Code. | 24 | | (l) Beginning with the 2018-2019 school year, an in-school | 25 | | suspension program provided by a school district for any | 26 | | students in kindergarten through grade 12 may focus on |
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| 1 | | promoting non-violent conflict resolution and positive | 2 | | interaction with other students and school personnel. A school | 3 | | district may employ a school social worker or a licensed mental | 4 | | health professional to oversee an in-school suspension program | 5 | | in kindergarten through grade 12. | 6 | | (m) If a student is faced with either (i) suspension from | 7 | | school due to gross disobedience or misconduct or suspension | 8 | | from riding a school bus due to gross disobedience or | 9 | | misconduct on the school bus as provided in this Section or | 10 | | (ii) expulsion due to gross disobedience or misconduct as | 11 | | provided in this Section and if there is a relationship between | 12 | | the behavior that gave rise to the suspension or expulsion | 13 | | proceedings and the student's status as a parent, expectant | 14 | | parent, or victim of gender-based violence, as defined in | 15 | | Article 26A, then the suspension or expulsion requirement may | 16 | | be modified by the district superintendent or school board on a | 17 | | case-by-case basis. | 18 | | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | 19 | | 100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff. | 20 | | 8-22-18; 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 | 24 | | courses , or
otherwise courses of instruction for a pupil who is | 25 | | pupils who are unable to attend school
because of pregnancy or |
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| 1 | | pregnancy-related conditions, the fulfillment of parenting | 2 | | obligations related to the health of the pupil's child, or | 3 | | health and safety concerns arising from gender-based violence, | 4 | | as defined in Article 26A . Such instruction shall be provided | 5 | | to the pupil
(1) before the birth of the child when the pupil's | 6 | | physician, physician assistant, or advanced practice nurse has
| 7 | | indicated to the district, in writing, that the pupil is | 8 | | medically unable
to attend regular classroom instruction ; and | 9 | | (2) for up to 3 months
following the birth of the child or a | 10 | | miscarriage ; (3) when the pupil must care for his or her ill | 11 | | child if (i) the child's physician, physician assistant, or | 12 | | advanced practice registered nurse has indicated to the | 13 | | district, in writing, that the child has a serious health | 14 | | condition that would require the pupil to be absent from school | 15 | | for 2 or more weeks, (ii) the pupil or the pupil's parent or | 16 | | guardian indicates to the district, in writing, that the pupil | 17 | | is needed to provide care to the child, and (iii) alternative | 18 | | care for the child that is adequate and affordable is | 19 | | unavailable; or (4) when the pupil must treat physical or | 20 | | mental health complications or address safety concerns arising | 21 | | from gender-based violence if the pupil's domestic or sexual | 22 | | violence organization, as defined in Article 26A, or health | 23 | | care provider has indicated to the district, in writing, that | 24 | | the care is needed by the pupil and will cause the pupil's | 25 | | absence from school for one or more weeks .
The instruction | 26 | | course shall be designed to offer educational experiences
that |
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| 1 | | are equivalent to those given to pupils at the same grade level | 2 | | in
the district and that are designed to enable the pupil to | 3 | | return to the classroom. In this subsection (a), "serious | 4 | | health condition" means an illness, injury, impairment, or | 5 | | physical or mental health condition that involves inpatient | 6 | | care in a hospital, hospice, or residential medical care | 7 | | facility or continuing treatment by a health care provider.
| 8 | | (b) Notwithstanding any other provision of law to the | 9 | | contrary, if a pupil is unable to attend regular classes | 10 | | because of the reasons set forth in this Section and has | 11 | | participated in instruction under this Section that is | 12 | | administered by the school or school district, then the pupil | 13 | | may not be penalized for grading purposes or be denied course | 14 | | completion, a return to regular classroom instruction, grade | 15 | | level advancement, or graduation solely on the basis of the | 16 | | pupil's participation in instruction under this Section or the | 17 | | pupil's absence from the regular education program during the | 18 | | period of instruction under this Section. A school or school | 19 | | district may not use instruction under this Section to replace | 20 | | making reasonable accommodations so that pupils who are | 21 | | parents, expectant parents, or victims of gender-based | 22 | | violence 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 | 2 | | alternative schools within Chicago and may contract with third
| 3 | | parties for services otherwise performed by employees, | 4 | | including those in a
bargaining unit, in accordance with | 5 | | Sections 34-8.1, 34-18, and 34-49.
| 6 | | (b) Alternative schools operated by third parties within | 7 | | Chicago shall be
exempt from all provisions of this Code, | 8 | | except 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 | 2 | | obligated to comply with the following types of mandates unless | 3 | | a separate appropriation has been enacted into law providing | 4 | | full funding for the mandate for the school year during which | 5 | | the 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 | 16 | | in subsection (a) of this Section does not fully fund the | 17 | | mandated activity, then the school district or private school | 18 | | may choose to discontinue or modify the mandated activity to | 19 | | ensure that the costs of compliance do not exceed the funding | 20 | | received. | 21 | | Before discontinuing or modifying the mandate, the school | 22 | | district shall petition its regional superintendent of schools | 23 | | on or before February 15 of each year to request to be exempt | 24 | | from implementing the mandate in a school or schools in the | 25 | | next school year. The petition shall include all legitimate | 26 | | costs associated with implementing and operating the mandate, |
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| 1 | | the estimated reimbursement from State and federal sources, and | 2 | | any unique circumstances the school district can verify that | 3 | | exist that would cause the implementation and operation of such | 4 | | a mandate to be cost prohibitive. | 5 | | The regional superintendent of schools shall review the | 6 | | petition. In accordance with the Open Meetings Act, he or she | 7 | | shall convene a public hearing to hear testimony from the | 8 | | school district and interested community members. The regional | 9 | | superintendent shall, on or before March 15 of each year, | 10 | | inform the school district of his or her decision, along with | 11 | | the reasons why the exemption was granted or denied, in | 12 | | writing. The regional superintendent must also send | 13 | | notification to the State Board of Education detailing which | 14 | | school districts requested an exemption and the results. | 15 | | If the regional superintendent grants an exemption to the | 16 | | school district, then the school district is relieved from the | 17 | | requirement to establish and implement the mandate in the | 18 | | school or schools granted an exemption for the next school | 19 | | year.
If the regional superintendent of schools does not grant | 20 | | an exemption, then the school district shall implement the | 21 | | mandate in accordance with the applicable law or rule by the | 22 | | first student attendance day of the next school year. However, | 23 | | the school district or a resident of the school district may on | 24 | | or before April 15 appeal the decision of the regional | 25 | | superintendent to the State Superintendent of Education. The | 26 | | State Superintendent shall hear appeals on the decisions of |
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| 1 | | regional superintendents of schools no later than May 15 of | 2 | | each year. The State Superintendent shall make a final decision | 3 | | at the conclusion of the hearing on the school district's | 4 | | request for an exemption from the mandate. If the State | 5 | | Superintendent grants an exemption, then the school district is | 6 | | relieved from the requirement to implement a mandate in the | 7 | | school or schools granted an exemption for the next school | 8 | | year. If the State Superintendent does not grant an exemption, | 9 | | then the school district shall implement the mandate in | 10 | | accordance with the applicable law or rule by the first student | 11 | | attendance day of the next school year. | 12 | | If a school district or private school discontinues or | 13 | | modifies a mandated activity due to lack of full funding from | 14 | | the State, then the school district or private school shall | 15 | | annually maintain and update a list of discontinued or modified | 16 | | mandated activities. The list shall be provided to the State | 17 | | Board of Education upon request. | 18 | | (c) This Section does not apply to (i) any new statutory or | 19 | | regulatory mandates related to revised learning standards | 20 | | developed through the Common Core State Standards Initiative | 21 | | and assessments developed to align with those standards or | 22 | | actions specified in this State's Phase 2 Race to the Top Grant | 23 | | application if the application is approved by the United States | 24 | | Department of Education , or (ii) new statutory or regulatory | 25 | | mandates from the Race to the Top Grant through the federal | 26 | | American Recovery and Reinvestment Act of 2009 imposed on |
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| 1 | | school districts designated as being in the lowest performing | 2 | | 5% of schools within the Race to the Top Grant application , or | 3 | | (iii) any changes made by this amendatory Act of the 101st | 4 | | General Assembly . | 5 | | (d) In any instances in which this Section conflicts with | 6 | | the 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 | 10 | | to compulsory school
attendance and who is absent without valid | 11 | | cause, as defined under this Section, from such attendance for | 12 | | more than 1% but less than 5% of the past 180 school days. | 13 | | "Valid cause" for absence shall be illness ; attendance at a | 14 | | pregnancy-related medical appointment; , observance of a | 15 | | religious
holiday ; , death in the immediate family ; ,
family | 16 | | emergency ; , fulfillment of a student's parenting | 17 | | responsibility, including, but not limited to, arranging and | 18 | | providing child care, caring for the student's sick child, or | 19 | | attending medical appointments for the student's child; or | 20 | | addressing circumstances resulting from gender-based violence, | 21 | | as defined in Article 26A, including, but not limited to, | 22 | | experiencing gender-based violence, recovering from physical | 23 | | or psychological injuries, seeking medical attention, seeking | 24 | | services from a domestic or sexual violence organization, as | 25 | | defined in Article 26A, seeking psychological or other |
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| 1 | | counseling, participating in safety planning, temporarily or | 2 | | permanently relocating, seeking legal assistance or remedies, | 3 | | or taking any other action to increase the safety or health of | 4 | | the student or to protect the student from future gender-based | 5 | | violence and shall include such other situations beyond the | 6 | | control
of the student as determined by the board of education | 7 | | in each district ,
or such other circumstances which cause | 8 | | reasonable concern to the parent
for the mental, emotional, or | 9 | | physical health or safety of the student. | 10 | | "Chronic or habitual truant" shall be defined as a child | 11 | | who is subject to compulsory
school attendance and who is | 12 | | absent without valid cause from such attendance
for 5% or more | 13 | | of the previous 180 regular attendance days. | 14 | | "Truant minor" is defined as a chronic truant to whom | 15 | | supportive
services, including prevention, diagnostic, | 16 | | intervention and remedial
services, alternative programs and | 17 | | other school and community resources
have been provided and | 18 | | have failed to result in the cessation of chronic
truancy, or | 19 | | have been offered and refused. | 20 | | A "dropout" is defined as any child enrolled in grades 9 | 21 | | through 12 whose
name has been removed from the district | 22 | | enrollment roster for any reason
other than the student's | 23 | | death, extended illness, removal for medical non-compliance, | 24 | | expulsion, aging out, graduation, or completion of a
program of | 25 | | studies and who has not transferred to another public or | 26 | | private school and is not known to be home-schooled by his or |
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| 1 | | her parents or guardians or continuing school in another | 2 | | country. | 3 | | "Religion" for the purposes of this Article, includes all | 4 | | aspects of
religious observance and practice, as well as | 5 | | belief. | 6 | | (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; | 7 | | revised 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 | 13 | | be referred to as the Ensuring Success in School Law. This | 14 | | Article applies to all school districts and schools governed by | 15 | | this Code, including those under Articles 13, 13A, 13B, 27A, | 16 | | 32, 33, and 34. | 17 | | (105 ILCS 5/26A-5 new) | 18 | | Sec. 26A-5. Purpose. The purpose of this Article is to | 19 | | ensure that Illinois schools have policies, procedures, and | 20 | | protocols in place that ensure children and youth who are | 21 | | parents, expectant parents, or victims of gender-based | 22 | | violence are identified by schools in a manner respectful of | 23 | | their privacy and safety, treated with dignity and regard, and |
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| 1 | | provided the protection, instruction, and related | 2 | | accommodations and services necessary to enable them to meet | 3 | | State educational standards and successfully attain a high | 4 | | school diploma. This Article shall be interpreted liberally to | 5 | | aid 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) | 9 | | consent is a freely given agreement to sexual activity, (ii) a | 10 | | youth's lack of verbal or physical resistance or submission | 11 | | resulting from the use of threat of force does not constitute | 12 | | consent, (iii) a youth's manner of dress does not constitute | 13 | | consent, (iv) a youth's consent to past sexual activity does | 14 | | not constitute consent to future sexual activity, (v) a youth's | 15 | | consent to engage in sexual activity does not constitute | 16 | | consent to engage in sexual activity with another, (vi) a youth | 17 | | can withdraw consent at any time, and (vii) a youth cannot | 18 | | consent to sexual activity if that youth is unable to | 19 | | understand the nature of the activity or give knowing consent | 20 | | due to circumstances that include, but are not limited to, all | 21 | | of 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 | 4 | | nonprofit, nongovernmental organization that provides | 5 | | assistance to victims of gender-based violence or advocates for | 6 | | those victims, including an organization carrying out a | 7 | | domestic or sexual violence or other gender-based violence | 8 | | program, an organization operating a shelter or a rape crisis | 9 | | center or providing counseling services, an accredited | 10 | | children's advocacy center, an organization that provides | 11 | | services to or advocates on behalf of youth who are gay, | 12 | | lesbian, bi-sexual, transgender, or gender nonconforming, an | 13 | | organization that provides services to or advocates on behalf | 14 | | of youth who are parents or expectant parents, or an | 15 | | organization seeking to eliminate gender-based violence or to | 16 | | address the consequences of that violence for its victims | 17 | | through legislative advocacy or policy change, public | 18 | | education, or service collaboration. | 19 | | "Domestic violence" means abuse, as defined in Section 103 | 20 | | of the Illinois Domestic Violence Act of 1986, by a family or | 21 | | household member, as defined in Section 103 of the Illinois | 22 | | Domestic Violence Act of 1986. | 23 | | "Electronic communication" includes communication via | 24 | | telephone, mobile phone, computer, email, video recorder, fax | 25 | | machine, telex, pager, apps or applications, or any other | 26 | | electronic communication or cyberstalking as defined in |
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| 1 | | Section 12-7.5 of the Criminal Code of 2012. | 2 | | "Expectant parent" means a youth who is pregnant or a youth | 3 | | who intends to act as a parent and who has not yet received a | 4 | | diploma for completion of a secondary education as defined in | 5 | | Section 22-22. | 6 | | "Gender-based violence" means domestic violence, | 7 | | harassment, sexual activity without consent, sexual assault, | 8 | | sexual violence, or stalking. Gender-based violence may occur | 9 | | through electronic communication. Gender-based violence exists | 10 | | regardless of when or where the violence occurred, whether or | 11 | | not the violence is the subject of a criminal investigation or | 12 | | the perpetrator has been criminally charged or convicted of a | 13 | | crime, whether or not an order of protection or a no-contact | 14 | | order is pending before or has been issued by a court, or | 15 | | whether or not any gender-based violence took place on school | 16 | | grounds, during regular school hours, or during a | 17 | | school-sponsored event. | 18 | | "Harassment" means any harassment or discrimination on the | 19 | | basis of an individual's actual or perceived sex or gender, | 20 | | including unwelcome sexual advances, requests for sexual | 21 | | favors, other verbal or physical conduct of a sexual nature, or | 22 | | unwelcome conduct, including verbal, nonverbal, or physical | 23 | | conduct that is not sexual in nature, but is related to a | 24 | | student's status as a parent, expectant parent, or victim of | 25 | | gender-based violence. | 26 | | "Parent", as it relates to a student, means a student who |
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| 1 | | is a custodial or a noncustodial parent taking an active role | 2 | | in the care and supervision of a child and who has not yet | 3 | | received a diploma for completion of a secondary education, as | 4 | | defined in Section 22-22. | 5 | | "Perpetrator" means an individual who commits or is alleged | 6 | | to have committed any act of gender-based violence. The term | 7 | | "perpetrator" must be used with caution when applied to | 8 | | children, particularly young children. | 9 | | "Poor academic performance" means a student who has (i) | 10 | | scored in the 50th percentile or below on a school | 11 | | district-administered standardized test, (ii) received a score | 12 | | on a State assessment that does not meet standards in one or | 13 | | more of the fundamental learning areas under Section 27-1, as | 14 | | applicable for the student's grade level, or (iii) not met | 15 | | grade-level expectations on a school district-designed | 16 | | assessment. | 17 | | "School", for purposes of the provisions of this Article | 18 | | relating to children and youth who are parents, expectant | 19 | | parents, or victims of gender-based violence, includes, but is | 20 | | not limited to, (i) a public or State-operated elementary or | 21 | | secondary school, (ii) a school operated pursuant to an | 22 | | agreement with a public school district, including a | 23 | | cooperative or joint agreement with a governing body or board | 24 | | of control, (iii) a charter school operating in compliance with | 25 | | the Charter Schools Law, (iv) a school operated under Section | 26 | | 13A-3, (v) an alternative school operated by third parties |
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| 1 | | within the City of Chicago under Section 13A-11, (vi) an | 2 | | alternative learning opportunities program operated under | 3 | | Article 13B, (vii) a public school administered by a local | 4 | | public agency or the Department of Human Services operating | 5 | | pursuant to the authority of this Code, and (viii) any schools | 6 | | otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34. | 7 | | "School district", for purposes of the provisions of this | 8 | | Article relating to youth who are parents, expectant parents, | 9 | | or victims of domestic or sexual violence, means any public | 10 | | entity responsible for administering schools, including school | 11 | | districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34, | 12 | | or any other entity responsible for administering public | 13 | | schools, such as cooperatives, joint agreements, charter | 14 | | schools, special charter districts, regional offices of | 15 | | education, local agencies, or the Department of Human Services. | 16 | | "Sexual activity" means any knowingly touching or fondling | 17 | | by one person, either directly or through clothing, of the sex | 18 | | organs, anus, mouth, or breast of another person for the | 19 | | purpose of sexual gratification or arousal. | 20 | | "Sexual assault" means any conduct of an adult or minor | 21 | | child proscribed in Article 11 of the Criminal Code of 2012, | 22 | | except for Sections 11-35 and 11-45 of the Criminal Code of | 23 | | 2012, or similar provisions of the Criminal Code of 1961, | 24 | | including conduct committed by perpetrators who are strangers | 25 | | to the victim and conduct committed by perpetrators who are | 26 | | known or related by blood or marriage to the victim. |
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| 1 | | "Stalking" means any conduct proscribed in Section 12-7.3, | 2 | | 12-7.4, or 12-7.5 of the Criminal Code of 2012, or similar | 3 | | provisions of the Criminal Code of 1961, including stalking | 4 | | committed by perpetrators who are strangers to the victim and | 5 | | stalking committed by perpetrators who are known or related by | 6 | | blood or marriage to the victim. | 7 | | "Student" or "pupil" means any child or youth enrolled, | 8 | | eligible to enroll, or previously enrolled in a school who has | 9 | | not yet received a diploma for completion of a secondary | 10 | | education, as defined in Section 22-22. | 11 | | "Student at risk of academic failure" means a student who | 12 | | is at risk of failing to meet Illinois Learning Standards or | 13 | | failing to graduate from elementary or high school and who | 14 | | demonstrates a need for educational support or social services | 15 | | beyond those provided by the regular school program. | 16 | | "Victim" means an individual who has been subjected to one | 17 | | or more acts of gender-based violence. | 18 | | "Youth" means a child, pupil, student, or juvenile below | 19 | | the age of 21 years who has not yet completed his or her | 20 | | prescribed course of study or has not received a diploma for | 21 | | completion of a secondary education, as defined in Section | 22 | | 22-22. "Youth" includes, but is not limited to, unaccompanied | 23 | | youth 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 | 2 | | Success in School working group comprised of all of the | 3 | | following members, representative of the geographic, racial, | 4 | | ethnic, sexual orientation, gender identity, and cultural | 5 | | diversity 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 | 3 | | implementation, monitoring, and evaluation of this Article by | 4 | | schools and school districts, including, but not limited to, | 5 | | the development of policies, procedures, and protocols to be | 6 | | implemented by schools and school districts. The working group | 7 | | must ensure the participation of youth who are parents, | 8 | | expectant parents, and victims of gender-based violence and | 9 | | incorporate those students' advice and recommendations into | 10 | | the working group's advice regarding the implementation, | 11 | | monitoring, and evaluation of this Article. | 12 | | (c) Members of the working group shall serve for a term of | 13 | | 2 years, which may be extended for a second term, without | 14 | | compensation, but may be reimbursed for their travel expenses | 15 | | from appropriations to the State Board made available for that | 16 | | purpose and subject to the rules of the appropriate travel | 17 | | control board. | 18 | | (105 ILCS 5/26A-20 new) | 19 | | Sec. 26A-20. Review and revision of policies and | 20 | | procedures. | 21 | | (a) No later than July 1, 2020, and every 2 years | 22 | | thereafter, each school district must review all existing | 23 | | policies and procedures and must revise any existing policies | 24 | | and procedures that may act as a barrier to the immediate | 25 | | enrollment and re-enrollment, attendance, graduation, and |
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| 1 | | success in school of any youth who is a parent, expectant | 2 | | parent, or victim of gender-based violence or any policies or | 3 | | procedures that may compromise a criminal investigation | 4 | | relating to gender-based violence or may re-victimize the | 5 | | youth. A school district must adopt new policies and | 6 | | procedures, as needed, to implement this Section and to ensure | 7 | | that immediate and effective steps are taken to respond to | 8 | | youth who are parents, expectant parents, or victims of | 9 | | gender-based violence. | 10 | | (b) A school district must confer with persons with | 11 | | expertise in youth who are parents or expectant parents and | 12 | | with persons with expertise in youth who are victims of | 13 | | gender-based violence, including domestic and sexual violence | 14 | | organizations, in (i) the review and revision and the adoption | 15 | | and implementation of new policies and procedures under this | 16 | | Section, including those policies and procedures related to | 17 | | confidentiality, parental involvement, and a youth's | 18 | | health-related or safety-related concerns in connection with | 19 | | notifying a parent or guardian and (ii) the development and | 20 | | distribution of materials related to those youth, including | 21 | | outreach to youth not in school. A school district must ensure | 22 | | that all materials distributed to youth are age appropriate and | 23 | | culturally responsive and that youth are notified of and | 24 | | understand the school district's policies and procedures, | 25 | | including how and to whom to report any incident of | 26 | | gender-based violence. |
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| 1 | | (c) A school district's policy on the procedures that a | 2 | | youth or his or her parent or guardian may follow if he or she | 3 | | chooses to report an incident of alleged gender-based violence | 4 | | must, 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 | 9 | | procedures on its website, distribute them in written form at | 10 | | the beginning of each school year to each student, and make | 11 | | copies available to each student and his or her parent or | 12 | | guardian for inspection and copying at no cost to the student | 13 | | or 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 | 16 | | January 1, 2021, each school district must adopt one procedure | 17 | | to resolve complaints of alleged incidents of | 18 | | student-perpetrated, gender-based violence and violations of | 19 | | this Article. These procedures shall comply with the | 20 | | confidentiality provisions of Sections 26A-20 and 26A-30. The | 21 | | procedure 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 | 7 | | and protocol to ensure that all information concerning a | 8 | | youth's status and related experiences as a parent, expectant | 9 | | parent, or victim of gender-based violence provided to or | 10 | | otherwise obtained by the school district or its employees or | 11 | | agents pursuant to this Code or otherwise, including a | 12 | | statement of the youth or any other documentation, record, or | 13 | | corroborating evidence or that the youth has requested or | 14 | | obtained assistance, accommodations, or services pursuant to | 15 | | this Code, shall be retained in the strictest confidence by the | 16 | | school district or its employees or agents and may not be | 17 | | disclosed to any other individual, including any other | 18 | | employee, except to the extent that disclosure is (i) requested | 19 | | or consented to in writing by the youth or the youth's parent | 20 | | or guardian if it is safe to obtain written consent from the | 21 | | youth's parent or guardian or (ii) otherwise required by | 22 | | applicable federal or State law, including the Abused and | 23 | | Neglected Child Reporting Act and professional ethics policies | 24 | | that govern school personnel. | 25 | | (b) Prior to disclosing information about a youth's status |
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| 1 | | as a parent, expectant parent, or victim of gender-based | 2 | | violence, a school must notify the youth and discuss and | 3 | | address any safety concerns related to the disclosure, | 4 | | including instances where the youth indicates or the school or | 5 | | school district or its employees or agents are otherwise aware | 6 | | that the youth's health or safety may be at risk if his or her | 7 | | status is disclosed to the youth's parent or guardian, except | 8 | | as otherwise required by applicable federal or State law, | 9 | | including the Abused and Neglected Child Reporting act and | 10 | | professional ethics policies that govern the professional | 11 | | school personnel. | 12 | | (c) No youth may be required to testify publicly concerning | 13 | | his or her status as a victim of gender-based violence, | 14 | | allegations of gender-based violence, his or her status as a | 15 | | parent or expectant parent, or the youth's efforts to enforce | 16 | | any of his or her rights under provisions in this Code relating | 17 | | to youth who are parents, expectant parents, or victims of | 18 | | gender-based violence. | 19 | | (d) In the case of gender-based violence, a school district | 20 | | may not contact the person named to be the perpetrator, the | 21 | | perpetrator's family, or any other person named by the youth or | 22 | | named by the youth's parent or guardian to be unsafe to contact | 23 | | to verify the violence. A school district may not contact the | 24 | | perpetrator, the perpetrator's family, or any other person | 25 | | named by the youth or the youth's parent or guardian to be | 26 | | unsafe for any other reason without written permission from the |
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| 1 | | youth or his or her parent or guardian. Permission from the | 2 | | youth's parent or guardian may not be pursued if the youth | 3 | | alleges that his or her health or safety would be threatened if | 4 | | the school or school district contacts the youth's parent or | 5 | | guardian to obtain written permission. | 6 | | (e) A school district must take all actions necessary to | 7 | | comply 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 | 10 | | personnel. | 11 | | (a) Each school district shall designate or appoint at | 12 | | least one staff person at each school in the district who is | 13 | | employed at least part-time at the school and who is a school | 14 | | social worker, school psychologist, school counselor, school | 15 | | nurse, school teacher, or school administrator trained to | 16 | | address, in a culturally responsive, confidential, and | 17 | | sensitive manner, the needs of youth who are parents, expectant | 18 | | parents, or victims of gender-based violence. The designated or | 19 | | appointed 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 | 19 | | subsection (a) must (i) be trained to understand, provide | 20 | | information and referrals, and address issues pertaining to | 21 | | youth who are parents, expectant parents, or victims of | 22 | | gender-based violence, including the theories and dynamics of | 23 | | domestic and sexual violence, the necessity for | 24 | | confidentiality and the law, policy, procedures, and protocols | 25 | | implementing confidentiality, and the notification to the | 26 | | youth's parent or guardian regarding the youth's status as a |
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| 1 | | parent, expectant parent, or victim of gender-based violence or | 2 | | the enforcement of the youth's rights under this Code if the | 3 | | notice of the youth's status or the involvement of the youth's | 4 | | parent or guardian may put the health or safety of the youth at | 5 | | risk, including the rights of minors to consent to counseling | 6 | | services and psychotherapy under the Mental Health and | 7 | | Developmental Disabilities Code, or (ii) at a minimum, have | 8 | | participated in an in-service training program under | 9 | | subsection (d) of Section 10-22.39 that includes training on | 10 | | the rights of minors to consent to counseling services and | 11 | | psychotherapy under the Mental Health and Developmental | 12 | | Disabilities Code within 12 months prior to his or her | 13 | | designation or appointment. | 14 | | (c) A school district must designate or appoint and train | 15 | | all gender-based violence and parenting resource personnel, | 16 | | and the personnel must assist in implementing the duties | 17 | | described in this Section no later than April 1, 2020, except | 18 | | in those school districts in which there exists a collective | 19 | | bargaining agreement on the effective date of this amendatory | 20 | | Act of the 101st General Assembly and the implementation of | 21 | | this Section would be a violation of that collective bargaining | 22 | | agreement. If implementation of some activities required under | 23 | | this Section is prevented by an existing collective bargaining | 24 | | agreement, a school district must comply with this Section to | 25 | | the fullest extent allowed by the existing collective | 26 | | bargaining agreement no later than April 1, 2020. In those |
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| 1 | | instances in which a collective bargaining agreement that | 2 | | either fully or partially prevents full implementation of this | 3 | | Section expires after April 1, 2020, a school district must | 4 | | designate or appoint and train all gender-based and parenting | 5 | | resource personnel, who shall implement the duties described in | 6 | | this Section no later than the effective date of the new | 7 | | collective bargaining agreement that immediately succeeds the | 8 | | collective bargaining agreement in effect at the time this | 9 | | Section 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 | 13 | | parents, expectant parents, or victims of gender-based | 14 | | violence, each school district must provide those youth with | 15 | | reasonable accommodations and adjustments in school policy and | 16 | | practice, in-school support services, access to non-school | 17 | | based support services, and the ability to make up work missed | 18 | | on account of circumstances related to the youth's status as a | 19 | | parent, expectant parent, or victim of gender-based violence. | 20 | | Victims of gender-based violence must have access to those | 21 | | accommodations, adjustments, and services regardless of when | 22 | | or where the violence for which they are seeking | 23 | | accommodations, adjustments, or services occurred. All | 24 | | accommodations, adjustments, and services must be continued | 25 | | for as long as necessary to maintain the mental and physical |
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| 1 | | well-being and safety of the youth. | 2 | | (b) Reasonable accommodations and adjustments provided | 3 | | under subsection (a) shall include, but are not limited to, (i) | 4 | | the provision of sufficiently private settings to ensure | 5 | | confidentiality and time off from class for meetings with | 6 | | counselors or other service providers, (ii) assisting the youth | 7 | | in creating a student success plan, (iii) transfer of a victim | 8 | | of gender-based violence or the student perpetrator to a | 9 | | different classroom or school, (iv) change of seating | 10 | | assignment, (v) implementation of in-school, school grounds, | 11 | | and bus safety procedures, (vi) honoring court orders, | 12 | | including orders of protection and no-contact orders, and (vii) | 13 | | any other accommodation that may facilitate the full | 14 | | participation in the regular education program of youth who are | 15 | | parents, expectant parents, or victims of gender-based | 16 | | violence. | 17 | | (c) If a youth who is a parent, expectant parent, or victim | 18 | | of gender-based violence is a student at risk of academic | 19 | | failure or displays poor academic performance, the youth or the | 20 | | youth's parent or guardian may request that the school district | 21 | | provide the youth with or refer the youth to education and | 22 | | support services designed to assist the youth in meeting State | 23 | | learning standards. A school district may either provide | 24 | | education or support services directly or may collaborate with | 25 | | public or private State, local, or community-based | 26 | | organizations or agencies that provide these services. A school |
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| 1 | | district must also assist those youth in accessing the support | 2 | | services of non-school
based organizations and agencies where | 3 | | those youth typically receive services in the community. | 4 | | (d) Any youth who is unable, because of circumstances | 5 | | related to the youth's status as a parent, expectant parent, or | 6 | | victim of gender-based violence, to participate in classes on a | 7 | | particular day or days or at a particular time of day must be | 8 | | excused from any examination or any study or work assignments | 9 | | on that particular day or days or at that particular time of | 10 | | day. It is the responsibility of the teachers and of the school | 11 | | administrative personnel and officials to make available to | 12 | | each youth who is unable to participate because of | 13 | | circumstances related to the youth's status as a parent, | 14 | | expectant parent, or victim of gender-based violence a | 15 | | meaningful opportunity to make up any examination, study, or | 16 | | work requirement that the youth has missed because of the | 17 | | inability to participate on any particular day or days or at | 18 | | any particular time of day. Costs assessed by a school district | 19 | | on the youth for participation in those activities shall be | 20 | | considered savable fees for any youth whose parent or guardian | 21 | | is unable to afford them, consistent with the provisions of | 22 | | Section 10-20.13. Each school district must adopt written | 23 | | policies and procedures for waiver of those fees in accordance | 24 | | with rules adopted by the State Board of Education. | 25 | | (e) When a school or school district employee or agent | 26 | | becomes aware of or suspects a youth's status as a parent, |
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| 1 | | expectant parent, or victim of gender-based violence, it is the | 2 | | responsibility of the employee or agent of the school or school | 3 | | district to inform the youth of the available services and | 4 | | accommodations at the school and in the community that may | 5 | | assist the youth in maintaining the youth's full educational | 6 | | participation and the youth's successful performance. The | 7 | | school or school district employee or agent must also refer the | 8 | | youth to the school district's gender-based violence and | 9 | | parenting personnel set forth in Section 26A-35. A school | 10 | | district must make respecting a youth's privacy, | 11 | | confidentiality, mental and physical health, and safety a | 12 | | paramount concern. | 13 | | (f) Each school must honor a youth's decision to obtain | 14 | | education and support services, accommodations, and non-school | 15 | | based support services, to terminate the receipt of those | 16 | | education and support services, accommodations, or non-school | 17 | | based support services, or to decline participation in those | 18 | | education and support services, accommodations, and non-school | 19 | | based support services. No youth is obligated to use education | 20 | | and support services, accommodations, or non-school based | 21 | | support services. In developing accommodations, adjustments, | 22 | | or educational support services, the privacy, mental and | 23 | | physical health, and safety of the youth shall be the paramount | 24 | | concern. No adverse or prejudicial effects may result to any | 25 | | youth because of the youth's availing of or declining the | 26 | | provisions of this Section. |
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| 1 | | (g) Any support services to youth receiving education and | 2 | | support services must be available in any school or by home or | 3 | | hospital instruction. | 4 | | (h) Individual, peer, group, and family counseling | 5 | | services or psychotherapy must be made available to youth who | 6 | | are parents, expectant parents, or victims of gender-based | 7 | | violence consistent with the provisions of the Mental Health | 8 | | and Developmental Disabilities Code. At least once every school | 9 | | year, each school district must inform in writing all school | 10 | | personnel and all students 12 years of age or older of the | 11 | | availability of counseling without parental or guardian | 12 | | consent under Section 3-5A-105 of the Mental Health and | 13 | | Developmental Disabilities Code. This information must also be | 14 | | provided to students immediately after any school personnel | 15 | | becomes aware that a student is a parent, expectant parent, or | 16 | | victim of gender-based violence. | 17 | | (i) All domestic or sexual violence organizations and its | 18 | | staff and any other non-school organization and its staff shall | 19 | | maintain confidentiality pursuant to federal and State laws and | 20 | | their professional ethics policies regardless of when or where | 21 | | information, advice, counseling, or any other interaction with | 22 | | students takes place. A school or school district may not | 23 | | request or require those organizations or individuals to breach | 24 | | confidentiality. | 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 | 3 | | provisions relating to gender-based violence in Sections | 4 | | 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a | 5 | | school district may require verification of the claim. | 6 | | Verification may not be required for a youth to be referred to | 7 | | or to receive in-school or out-of-school services. Any one of | 8 | | the following shall be acceptable as a form of verification of | 9 | | a youth's claim of gender-based violence, only one of which may | 10 | | be required by a school district, and the youth or the youth's | 11 | | parent or guardian shall choose which form of documentation to | 12 | | submit 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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| 1 | | under this subsection must be kept in a temporary file. | 2 | | (b) A youth or a youth's parent or guardian who has | 3 | | provided acceptable verification that the youth is or has been | 4 | | a victim of gender-based violence may not be required to | 5 | | provide any additional verification if the youth's efforts to | 6 | | assert rights under this Code stem from a claim involving the | 7 | | same perpetrator or the same incident of violence. No school or | 8 | | school district shall request or require additional | 9 | | documentation. | 10 | | (c) The person named to be the perpetrator, the | 11 | | perpetrator's family, or any other person named by the youth or | 12 | | named by the youth's parent or guardian to be unsafe to contact | 13 | | may not be contacted to verify the violence. The perpetrator, | 14 | | the perpetrator's family, or any other person named by the | 15 | | youth or the youth's parent or guardian to be unsafe may not be | 16 | | contacted for any other reason without written permission of | 17 | | the youth or written permission of the youth's parent or | 18 | | guardian. Permission of the youth's parent or guardian may not | 19 | | be pursued when the youth alleges that his or her health or | 20 | | safety would be threatened if the school or school district | 21 | | contacts the youth's parent or guardian to obtain written | 22 | | permission. | 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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| 1 | | court. A student who is a parent, expectant parent, or victim | 2 | | of gender-based violence has a cause of action against any | 3 | | school or school district that fails to exercise due diligence | 4 | | in responding to the student who is a parent, expectant parent, | 5 | | or victim of gender-based violence whose status it knew or | 6 | | should have known about. A student is not required to resolve a | 7 | | complaint using the school district's complaint resolution | 8 | | procedure developed under Section 26A-25 before filing an | 9 | | action in civil court. | 10 | | (b) A prevailing student shall be entitled to all relief | 11 | | that would make him or her whole. This relief may include, but | 12 | | is 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 | 4 | | district may take any adverse action against a student who is a | 5 | | parent, expectant parent, or victim of gender-based violence | 6 | | because the student or his or her parent or guardian (i) | 7 | | exercises or attempts to exercise his or her rights under this | 8 | | Article, (ii) opposes practices that the student or his or her | 9 | | parent or guardian believes to be in violation of this Article, | 10 | | or (iii) supports the exercise of the rights of another under | 11 | | this Article. Exercising rights under this Article includes, | 12 | | but is not limited to, filing an action, instituting or causing | 13 | | to be instituted any proceeding under or related to this | 14 | | Article, or in any manner requesting, availing himself or | 15 | | herself of, or declining any of the provisions of this Article, | 16 | | including, 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, | 20 | | nonreligious, non-home
based, and non-profit school. A charter | 21 | | school shall be organized and operated
as a nonprofit | 22 | | corporation or other discrete, legal, nonprofit entity
| 23 | | authorized under the laws of the State of Illinois.
| 24 | | (b) A charter school may be established under this Article |
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| 1 | | by creating a new
school or by converting an existing public | 2 | | school or attendance center to
charter
school status.
Beginning | 3 | | on April 16, 2003 (the effective date of Public Act 93-3), in | 4 | | all new
applications to establish
a charter
school in a city | 5 | | having a population exceeding 500,000, operation of the
charter
| 6 | | school shall be limited to one campus. The changes made to this | 7 | | Section by Public Act 93-3 do not apply to charter schools | 8 | | existing or approved on or before April 16, 2003 (the
effective | 9 | | date of Public Act 93-3). | 10 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 11 | | a cyber school where students engage in online curriculum and | 12 | | instruction via the Internet and electronic communication with | 13 | | their teachers at remote locations and with students | 14 | | participating at different times. | 15 | | From April 1, 2013 through December 31, 2016, there is a | 16 | | moratorium on the establishment of charter schools with | 17 | | virtual-schooling components in school districts other than a | 18 | | school district organized under Article 34 of this Code. This | 19 | | moratorium does not apply to a charter school with | 20 | | virtual-schooling components existing or approved prior to | 21 | | April 1, 2013 or to the renewal of the charter of a charter | 22 | | school with virtual-schooling components already approved | 23 | | prior to April 1, 2013. | 24 | | On or before March 1, 2014, the Commission shall submit to | 25 | | the General Assembly a report on the effect of | 26 | | virtual-schooling, including without limitation the effect on |
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| 1 | | student performance, the costs associated with | 2 | | virtual-schooling, and issues with oversight. The report shall | 3 | | include policy recommendations for virtual-schooling.
| 4 | | (c) A charter school shall be administered and governed by | 5 | | its board of
directors or other governing body
in the manner | 6 | | provided in its charter. The governing body of a charter school
| 7 | | shall be subject to the Freedom of Information Act and the Open | 8 | | Meetings Act.
| 9 | | (d) For purposes of this subsection (d), "non-curricular | 10 | | health and safety requirement" means any health and safety | 11 | | requirement created by statute or rule to provide, maintain, | 12 | | preserve, or safeguard safe or healthful conditions for | 13 | | students and school personnel or to eliminate, reduce, or | 14 | | prevent threats to the health and safety of students and school | 15 | | personnel. "Non-curricular health and safety requirement" does | 16 | | not include any course of study or specialized instructional | 17 | | requirement for which the State Board has established goals and | 18 | | learning standards or which is designed primarily to impart | 19 | | knowledge and skills for students to master and apply as an | 20 | | outcome of their education. | 21 | | A charter school shall comply with all non-curricular | 22 | | health and safety
requirements applicable to public schools | 23 | | under the laws of the State of
Illinois. On or before September | 24 | | 1, 2015, the State Board shall promulgate and post on its | 25 | | Internet website a list of non-curricular health and safety | 26 | | requirements that a charter school must meet. The list shall be |
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| 1 | | updated annually no later than September 1. Any charter | 2 | | contract between a charter school and its authorizer must | 3 | | contain a provision that requires the charter school to follow | 4 | | the list of all non-curricular health and safety requirements | 5 | | promulgated by the State Board and any non-curricular health | 6 | | and safety requirements added by the State Board to such list | 7 | | during the term of the charter. Nothing in this subsection (d) | 8 | | precludes an authorizer from including non-curricular health | 9 | | and safety requirements in a charter school contract that are | 10 | | not contained in the list promulgated by the State Board, | 11 | | including non-curricular health and safety requirements of the | 12 | | authorizing local school board.
| 13 | | (e) Except as otherwise provided in the School Code, a | 14 | | charter school shall
not charge tuition; provided that a | 15 | | charter school may charge reasonable fees
for textbooks, | 16 | | instructional materials, and student activities.
| 17 | | (f) A charter school shall be responsible for the | 18 | | management and operation
of its fiscal affairs including,
but | 19 | | not limited to, the preparation of its budget. An audit of each | 20 | | charter
school's finances shall be conducted annually by an | 21 | | outside, independent
contractor retained by the charter | 22 | | school. To ensure financial accountability for the use of | 23 | | public funds, on or before December 1 of every year of | 24 | | operation, each charter school shall submit to its authorizer | 25 | | and the State Board a copy of its audit and a copy of the Form | 26 | | 990 the charter school filed that year with the federal |
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| 1 | | Internal Revenue Service. In addition, if deemed necessary for | 2 | | proper financial oversight of the charter school, an authorizer | 3 | | may require quarterly financial statements from each charter | 4 | | school.
| 5 | | (g) A charter school shall comply with all provisions of | 6 | | this Article, the Illinois Educational Labor Relations Act, all | 7 | | federal and State laws and rules applicable to public schools | 8 | | that pertain to special education and the instruction of | 9 | | English learners, and
its charter. A charter
school is exempt | 10 | | from all other State laws and regulations in this Code
| 11 | | governing public
schools and local school board policies; | 12 | | however, 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) | 17 | | is declaratory of existing law. | 18 | | (h) A charter school may negotiate and contract with a | 19 | | school district, the
governing body of a State college or | 20 | | university or public community college, or
any other public or | 21 | | for-profit or nonprofit private entity for: (i) the use
of a | 22 | | school building and grounds or any other real property or | 23 | | facilities that
the charter school desires to use or convert | 24 | | for use as a charter school site,
(ii) the operation and | 25 | | maintenance thereof, and
(iii) the provision of any service, | 26 | | activity, or undertaking that the charter
school is required to |
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| 1 | | perform in order to carry out the terms of its charter.
| 2 | | However, a charter school
that is established on
or
after April | 3 | | 16, 2003 (the effective date of Public Act 93-3) and that | 4 | | operates
in a city having a population exceeding
500,000 may | 5 | | not contract with a for-profit entity to
manage or operate the | 6 | | school during the period that commences on April 16, 2003 (the
| 7 | | effective date of Public Act 93-3) and
concludes at the end of | 8 | | the 2004-2005 school year.
Except as provided in subsection (i) | 9 | | of this Section, a school district may
charge a charter school | 10 | | reasonable rent for the use of the district's
buildings, | 11 | | grounds, and facilities. Any services for which a charter | 12 | | school
contracts
with a school district shall be provided by | 13 | | the district at cost. Any services
for which a charter school | 14 | | contracts with a local school board or with the
governing body | 15 | | of a State college or university or public community college
| 16 | | shall be provided by the public entity at cost.
| 17 | | (i) In no event shall a charter school that is established | 18 | | by converting an
existing school or attendance center to | 19 | | charter school status be required to
pay rent for space
that is | 20 | | deemed available, as negotiated and provided in the charter | 21 | | agreement,
in school district
facilities. However, all other | 22 | | costs for the operation and maintenance of
school district | 23 | | facilities that are used by the charter school shall be subject
| 24 | | to negotiation between
the charter school and the local school | 25 | | board and shall be set forth in the
charter.
| 26 | | (j) A charter school may limit student enrollment by age or |
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| 1 | | grade level.
| 2 | | (k) If the charter school is approved by the Commission, | 3 | | then the Commission charter school is its own local education | 4 | | agency. | 5 | | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | 6 | | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | 7 | | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | 8 | | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | 9 | | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, | 10 | | eff. 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 | 14 | | governing the transfer of a student from one attendance center | 15 | | to
another within the
school district upon the request of the | 16 | | student's parent or guardian.
A
student may not transfer to any | 17 | | of the following attendance centers, except by
change in
| 18 | | residence if the policy authorizes enrollment based on | 19 | | residence in an
attendance area
or unless approved by the board | 20 | | on 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 | 6 | | the
transfer of students within the school district from a | 7 | | persistently dangerous
attendance center to another attendance | 8 | | center in that district that is not
deemed to be
persistently | 9 | | dangerous.
In order to be considered a persistently dangerous | 10 | | attendance center, the
attendance center must meet all of the | 11 | | following 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
| 22 | | another attendance center within the district if the student is | 23 | | a victim of a
violent
crime as defined in Section 3 of the | 24 | | Rights of Crime Victims and Witnesses Act.
The violent crime | 25 | | must have occurred on school grounds during regular school
| 26 | | hours or during a school-sponsored event.
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| 1 | | (d) (Blank).
| 2 | | (e) Notwithstanding any other provision of this Code, a | 3 | | student who is a victim of gender-based violence, as defined in | 4 | | Article 26A, must be permitted to transfer schools immediately | 5 | | and as needed, including to a school in another school | 6 | | district, if the student's continued attendance at a particular | 7 | | attendance center, school facility, or school location poses a | 8 | | risk to the student's mental or physical well-being or safety. | 9 | | A transfer under this subsection within the school district | 10 | | must be considered before a transfer into a different school | 11 | | district. The school district the student transfers to must be | 12 | | an adjoining school district, unless there is no attendance | 13 | | center, school facility, or school location in that district in | 14 | | which the student's attendance poses no risk to the student's | 15 | | mental or physical well-being or safety. The school district | 16 | | the student seeks to transfer to may deny a transfer to a | 17 | | particular attendance center if (i) the attendance center | 18 | | exceeds or, as a result of the transfer, would exceed its | 19 | | attendance capacity, (ii) the student does not meet the | 20 | | attendance center's academic criteria for enrollment, or (iii) | 21 | | the transfer would prevent the school district from meeting | 22 | | obligations under State or federal law, a court order, or a | 23 | | consent decree. If no adjoining school district is available | 24 | | for transfer, the student may transfer to another school | 25 | | district, unless there is no attendance center, school | 26 | | facility, or school location in that district in which the |
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| 1 | | student's attendance poses no risk to the student's mental or | 2 | | physical well-being or safety. The school district the student | 3 | | seeks to transfer to may deny a transfer to a particular | 4 | | attendance center if any of the situations described in items | 5 | | (i) through (iii) of this subsection apply. A school district | 6 | | must waive tuition for a student who transfers under this | 7 | | subsection to the school district and is a nonresident. A | 8 | | student who transfers to another school under this subsection | 9 | | due to gender-based violence must have full and immediate | 10 | | access to extracurricular activities and any programs or | 11 | | activities offered by or under the auspices of the school to | 12 | | which the student has transferred. The school district may not | 13 | | require a student who is a victim of gender-based violence to | 14 | | transfer to another school or school district. No adverse or | 15 | | prejudicial effects may result to any student who is a victim | 16 | | of gender-based violence because of the student availing | 17 | | himself or herself of or declining the provisions of this | 18 | | subsection. | 19 | | (Source: P.A. 100-1046, eff. 8-23-18.)
| 20 | | Section 10. The Illinois School Student Records Act is | 21 | | amended 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 | 24 | | as
a representative by a parent shall have the right to inspect |
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| 1 | | and
copy all school student permanent and temporary records of | 2 | | that
parent's child , except if the child is a parent, expectant | 3 | | parent, or victim of gender-based violence, as defined in | 4 | | Article 26A. All information concerning a student's status and | 5 | | related experiences as a parent, expectant parent, or victim of | 6 | | gender-based violence, including a statement of the student or | 7 | | any other documentation, record, or corroborating evidence and | 8 | | the fact that the student has requested or obtained assistance, | 9 | | accommodations, or services related to that status, must be | 10 | | retained by the school in the strictest confidence. The | 11 | | information contained in the student's permanent or temporary | 12 | | record may be disclosed if, prior to disclosing the information | 13 | | about a student's status as a parent, expectant parent, or | 14 | | victim of gender-based violence, the school notifies the | 15 | | student and discusses and addresses any health or safety | 16 | | concerns related to that disclosure. If the student's health or | 17 | | safety concerns are incapable of being satisfied to the | 18 | | student's satisfaction, the information concerning the | 19 | | student's status and related experiences as a parent, expectant | 20 | | parent, or victim of gender-based violence may not be disclosed | 21 | | as part of the student's permanent or temporary record. | 22 | | Enforcement of this exception is as provided in Section 26A-40 . | 23 | | A student shall have the right to inspect and copy
his or her | 24 | | school student permanent record. No person who is prohibited
by | 25 | | an order of protection from inspecting or obtaining school | 26 | | records of a
student pursuant to the Illinois Domestic Violence |
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| 1 | | Act of 1986, as now or
hereafter amended, shall have any right | 2 | | of access to, or inspection of, the
school records of that | 3 | | student. If a school's principal or person with
like | 4 | | responsibilities or his designee has knowledge of such order of
| 5 | | protection, the school shall prohibit access or inspection of | 6 | | the student's
school records by such person.
| 7 | | (b) Whenever access to any person is granted pursuant
to | 8 | | paragraph (a) of this Section, at the option of either the | 9 | | parent or the school
a qualified professional, who may be a | 10 | | psychologist, counsellor or
other advisor, and who may be an | 11 | | employee of the school or employed
by the parent, may be | 12 | | present to interpret the information contained
in the student | 13 | | temporary record. If the school requires that a
professional be | 14 | | present, the school shall secure and bear any cost of the
| 15 | | presence of the professional. If the parent so requests, the | 16 | | school
shall secure and bear any cost of the presence of a | 17 | | professional
employed by the school.
| 18 | | (c) A parent's or student's request to inspect and copy | 19 | | records,
or to allow a specifically designated representative | 20 | | to inspect and
copy records, must be granted within a | 21 | | reasonable time, and in no case later
than 10 business days | 22 | | after the date of receipt of such request by the
official | 23 | | records custodian.
| 24 | | (c-5) The time for response under this Section may be | 25 | | extended by the school district by not more than 5 business | 26 | | days from the original due date for any of the following |
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| 1 | | reasons: | 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 | 24 | | agree in writing to extend the time for compliance for a period | 25 | | to be determined by the parties. If the requester and the | 26 | | school district agree to extend the period for compliance, a |
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| 1 | | failure by the school district to comply with any previous | 2 | | deadlines shall not be treated as a denial of the request for | 3 | | the records. | 4 | | (d) The school may charge its reasonable costs for the
| 5 | | copying of school student records, not to exceed the amounts | 6 | | fixed
in schedules adopted by the State Board, to any person | 7 | | permitted
to copy such records, except that no parent or | 8 | | student shall be
denied a copy of school student records as | 9 | | permitted under this
Section 5 for inability to bear the cost | 10 | | of such copying.
| 11 | | (e) Nothing contained in this Section 5 shall make
| 12 | | available to a parent or student confidential letters and
| 13 | | statements of recommendation furnished in connection with
| 14 | | applications for employment to a post-secondary educational
| 15 | | institution or the receipt of an honor or honorary recognition,
| 16 | | provided such letters and statements are not used for purposes
| 17 | | other 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
| 24 | | impair 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 | 14 | | employment action, the threat of adverse employment action, or | 15 | | any manner of discrimination
because the employee is acting or | 16 | | has acted to protect communications as privileged or | 17 | | confidential pursuant to applicable provisions of State or | 18 | | federal 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 | 21 | | Section 8.43 as follows: | 22 | | (30 ILCS 805/8.43 new) | 23 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | 24 | | of this Act, no reimbursement by the State is required for the |
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| 1 | | implementation of any mandate created by this amendatory Act of | 2 | | the 101st General Assembly.
| 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.".
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