Illinois General Assembly - Full Text of HB3223
Illinois General Assembly

Previous General Assemblies

Full Text of HB3223  102nd General Assembly

HB3223eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3223 EngrossedLRB102 10689 CMG 16018 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and 34-18.24
6and by adding Article 26A as follows:
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15or guardians have been requested to appear at a meeting of the
16board, or with a hearing officer appointed by it, to discuss
17their child's behavior. Such request shall be made by
18registered or certified mail and shall state the time, place
19and purpose of the meeting. The board, or a hearing officer
20appointed by it, at such meeting shall state the reasons for
21dismissal and the date on which the expulsion is to become
22effective. If a hearing officer is appointed by the board, he
23shall report to the board a written summary of the evidence

 

 

HB3223 Engrossed- 2 -LRB102 10689 CMG 16018 b

1heard at the meeting and the board may take such action thereon
2as it finds appropriate. If the board acts to expel a pupil,
3the written expulsion decision shall detail the specific
4reasons why removing the pupil from the learning environment
5is in the best interest of the school. The expulsion decision
6shall also include a rationale as to the specific duration of
7the expulsion. An expelled pupil may be immediately
8transferred to an alternative program in the manner provided
9in Article 13A or 13B of this Code. A pupil must not be denied
10transfer because of the expulsion, except in cases in which
11such transfer is deemed to cause a threat to the safety of
12students or staff in the alternative program.
13    (b) To suspend or by policy to authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend pupils
16guilty of gross disobedience or misconduct, or to suspend
17pupils guilty of gross disobedience or misconduct on the
18school bus from riding the school bus, pursuant to subsections
19(b-15) and (b-20) of this Section, and no action shall lie
20against them for such suspension. The board may by policy
21authorize the superintendent of the district or the principal,
22assistant principal, or dean of students of any school to
23suspend pupils guilty of such acts for a period not to exceed
2410 school days. If a pupil is suspended due to gross
25disobedience or misconduct on a school bus, the board may
26suspend the pupil in excess of 10 school days for safety

 

 

HB3223 Engrossed- 3 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Engrossed- 4 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Engrossed- 5 -LRB102 10689 CMG 16018 b

1such threats, address such disruptions, and minimize the
2length of suspensions to the greatest extent practicable.
3    (b-20) Unless otherwise required by this Code,
4out-of-school suspensions of longer than 3 days, expulsions,
5and disciplinary removals to alternative schools may be used
6only if other appropriate and available behavioral and
7disciplinary interventions have been exhausted and the
8student's continuing presence in school would either (i) pose
9a threat to the safety of other students, staff, or members of
10the school community or (ii) substantially disrupt, impede, or
11interfere with the operation of the school. For purposes of
12this subsection (b-20), "threat to the safety of other
13students, staff, or members of the school community" and
14"substantially disrupt, impede, or interfere with the
15operation of the school" shall be determined on a case-by-case
16basis by school officials. For purposes of this subsection
17(b-20), the determination of whether "appropriate and
18available behavioral and disciplinary interventions have been
19exhausted" shall be made by school officials. School officials
20shall make all reasonable efforts to resolve such threats,
21address such disruptions, and minimize the length of student
22exclusions to the greatest extent practicable. Within the
23suspension decision described in subsection (b) of this
24Section or the expulsion decision described in subsection (a)
25of this Section, it shall be documented whether other
26interventions were attempted or whether it was determined that

 

 

HB3223 Engrossed- 6 -LRB102 10689 CMG 16018 b

1there were no other appropriate and available interventions.
2    (b-25) Students who are suspended out-of-school for longer
3than 4 school days shall be provided appropriate and available
4support services during the period of their suspension. For
5purposes of this subsection (b-25), "appropriate and available
6support services" shall be determined by school authorities.
7Within the suspension decision described in subsection (b) of
8this Section, it shall be documented whether such services are
9to be provided or whether it was determined that there are no
10such appropriate and available services.
11    A school district may refer students who are expelled to
12appropriate and available support services.
13    A school district shall create a policy to facilitate the
14re-engagement of students who are suspended out-of-school,
15expelled, or returning from an alternative school setting.
16    (b-30) A school district shall create a policy by which
17suspended pupils, including those pupils suspended from the
18school bus who do not have alternate transportation to school,
19shall have the opportunity to make up work for equivalent
20academic credit. It shall be the responsibility of a pupil's
21parents or guardians parent or guardian to notify school
22officials that a pupil suspended from the school bus does not
23have alternate transportation to school.
24    (b-35) In all suspension review hearings conducted
25pursuant to subsection (b) or expulsion hearings conducted
26pursuant to subsection (a), a student may disclose any factor

 

 

HB3223 Engrossed- 7 -LRB102 10689 CMG 16018 b

1to be considered in mitigation, including his or her status as
2a parent, expectant parent, or victim of domestic or sexual
3violence, as defined in Article 26A. A representative of the
4parent's or guardian's choice must be permitted to represent
5the student throughout the proceedings and to address the
6school board or its appointed hearing officer. With the
7approval of the student's parent or guardian, a support person
8must be permitted to accompany the student to any disciplinary
9hearings or proceedings. A suspension or expulsion proceeding
10under this subsection (b-35) must be conducted independently
11from any ongoing criminal investigation or proceeding, and an
12absence of pending or possible criminal charges, criminal
13investigations, or proceedings may not be a factor in school
14disciplinary decisions.
15    (b-40) During a suspension review hearing conducted
16pursuant to subsection (b) or an expulsion hearing conducted
17pursuant to subsection (a) that involves allegations of sexual
18violence by the student who is subject to discipline, neither
19the student nor his or her representative shall directly
20question nor have direct contact with the alleged victim. The
21student who is subject to discipline or his or her
22representative may, at the discretion and direction of the
23school board or its appointed hearing officer, suggest
24questions to be posed by the school board or its appointed
25hearing officer to the alleged victim.
26    (c) The Department of Human Services shall be invited to

 

 

HB3223 Engrossed- 8 -LRB102 10689 CMG 16018 b

1send a representative to consult with the board at such
2meeting whenever there is evidence that mental illness may be
3the cause for expulsion or suspension.
4    (c-5) School districts shall make reasonable efforts to
5provide ongoing professional development to teachers,
6administrators, school board members, school resource
7officers, and staff on the adverse consequences of school
8exclusion and justice-system involvement, effective classroom
9management strategies, culturally responsive discipline, the
10appropriate and available supportive services for the
11promotion of student attendance and engagement, and
12developmentally appropriate disciplinary methods that promote
13positive and healthy school climates.
14    (d) The board may expel a student for a definite period of
15time not to exceed 2 calendar years, as determined on a
16case-by-case basis. A student who is determined to have
17brought one of the following objects to school, any
18school-sponsored activity or event, or any activity or event
19that bears a reasonable relationship to school shall be
20expelled for a period of not less than one year:
21        (1) A firearm. For the purposes of this Section,
22    "firearm" means any gun, rifle, shotgun, weapon as defined
23    by Section 921 of Title 18 of the United States Code,
24    firearm as defined in Section 1.1 of the Firearm Owners
25    Identification Card Act, or firearm as defined in Section
26    24-1 of the Criminal Code of 2012. The expulsion period

 

 

HB3223 Engrossed- 9 -LRB102 10689 CMG 16018 b

1    under this subdivision (1) may be modified by the
2    superintendent, and the superintendent's determination may
3    be modified by the board on a case-by-case basis.
4        (2) A knife, brass knuckles or other knuckle weapon
5    regardless of its composition, a billy club, or any other
6    object if used or attempted to be used to cause bodily
7    harm, including "look alikes" of any firearm as defined in
8    subdivision (1) of this subsection (d). The expulsion
9    requirement under this subdivision (2) may be modified by
10    the superintendent, and the superintendent's determination
11    may be modified by the board on a case-by-case basis.
12Expulsion or suspension shall be construed in a manner
13consistent with the federal Individuals with Disabilities
14Education Act. A student who is subject to suspension or
15expulsion as provided in this Section may be eligible for a
16transfer to an alternative school program in accordance with
17Article 13A of the School Code.
18    (d-5) The board may suspend or by regulation authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend a
21student for a period not to exceed 10 school days or may expel
22a student for a definite period of time not to exceed 2
23calendar years, as determined on a case-by-case basis, if (i)
24that student has been determined to have made an explicit
25threat on an Internet website against a school employee, a
26student, or any school-related personnel, (ii) the Internet

 

 

HB3223 Engrossed- 10 -LRB102 10689 CMG 16018 b

1website through which the threat was made is a site that was
2accessible within the school at the time the threat was made or
3was available to third parties who worked or studied within
4the school grounds at the time the threat was made, and (iii)
5the threat could be reasonably interpreted as threatening to
6the safety and security of the threatened individual because
7of his or her duties or employment status or status as a
8student inside the school.
9    (e) To maintain order and security in the schools, school
10authorities may inspect and search places and areas such as
11lockers, desks, parking lots, and other school property and
12equipment owned or controlled by the school, as well as
13personal effects left in those places and areas by students,
14without notice to or the consent of the student, and without a
15search warrant. As a matter of public policy, the General
16Assembly finds that students have no reasonable expectation of
17privacy in these places and areas or in their personal effects
18left in these places and areas. School authorities may request
19the assistance of law enforcement officials for the purpose of
20conducting inspections and searches of lockers, desks, parking
21lots, and other school property and equipment owned or
22controlled by the school for illegal drugs, weapons, or other
23illegal or dangerous substances or materials, including
24searches conducted through the use of specially trained dogs.
25If a search conducted in accordance with this Section produces
26evidence that the student has violated or is violating either

 

 

HB3223 Engrossed- 11 -LRB102 10689 CMG 16018 b

1the law, local ordinance, or the school's policies or rules,
2such evidence may be seized by school authorities, and
3disciplinary action may be taken. School authorities may also
4turn over such evidence to law enforcement authorities.
5    (f) Suspension or expulsion may include suspension or
6expulsion from school and all school activities and a
7prohibition from being present on school grounds.
8    (g) A school district may adopt a policy providing that if
9a student is suspended or expelled for any reason from any
10public or private school in this or any other state, the
11student must complete the entire term of the suspension or
12expulsion in an alternative school program under Article 13A
13of this Code or an alternative learning opportunities program
14under Article 13B of this Code before being admitted into the
15school district if there is no threat to the safety of students
16or staff in the alternative program. A school district that
17adopts a policy under this subsection (g) must include a
18provision allowing for consideration of any mitigating
19factors, including, but not limited to, a student's status as
20a parent, expectant parent, or victim of domestic or sexual
21violence, as defined in Article 26A.
22    (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25    (i) A student may not be issued a monetary fine or fee as a
26disciplinary consequence, though this shall not preclude

 

 

HB3223 Engrossed- 12 -LRB102 10689 CMG 16018 b

1requiring a student to provide restitution for lost, stolen,
2or damaged property.
3    (j) Subsections (a) through (i) of this Section shall
4apply to elementary and secondary schools, charter schools,
5special charter districts, and school districts organized
6under Article 34 of this Code.
7    (k) The expulsion of children enrolled in programs funded
8under Section 1C-2 of this Code is subject to the requirements
9under paragraph (7) of subsection (a) of Section 2-3.71 of
10this Code.
11    (l) Beginning with the 2018-2019 school year, an in-school
12suspension program provided by a school district for any
13students in kindergarten through grade 12 may focus on
14promoting non-violent conflict resolution and positive
15interaction with other students and school personnel. A school
16district may employ a school social worker or a licensed
17mental health professional to oversee an in-school suspension
18program in kindergarten through grade 12.
19(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
20100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
217-12-19.)
 
22    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
23    Sec. 10-22.6a. Home instruction; correspondence courses.
24    (a) To provide by home instruction, correspondence courses
25or otherwise courses of instruction for a pupil who is pupils

 

 

HB3223 Engrossed- 13 -LRB102 10689 CMG 16018 b

1who are unable to attend school because of pregnancy or
2pregnancy-related conditions, the fulfillment of parenting
3obligations related to the health of the child, or health and
4safety concerns arising from domestic or sexual violence, as
5defined in Article 26A. Such instruction shall be provided to
6the pupil at each of the following times:
7        (1) Before before the birth of the child when the
8    pupil's physician, physician assistant, or advanced
9    practice nurse has indicated to the district, in writing,
10    that the pupil is medically unable to attend regular
11    classroom instruction. and
12        (2) For for up to 3 months following the birth of the
13    child or a miscarriage.
14        (3) When the pupil must care for his or her ill child
15    if (i) the child's physician, physician assistant, or
16    advanced practice registered nurse has indicated to the
17    district, in writing, that the child has a serious health
18    condition that would require the pupil to be absent from
19    school for 2 or more consecutive weeks and (ii) the pupil
20    or the pupil's parent or guardian indicates to the
21    district, in writing, that the pupil is needed to provide
22    care to the child during this period. In this paragraph
23    (3), "serious health condition" means an illness, injury,
24    impairment, or physical or mental health condition that
25    involves inpatient care in a hospital, hospice, or
26    residential medical care facility or continuing treatment

 

 

HB3223 Engrossed- 14 -LRB102 10689 CMG 16018 b

1    by a health care provider that is not controlled by
2    medication alone.
3        (4) When the pupil must treat physical or mental
4    health complications or address safety concerns arising
5    from domestic or sexual violence if the pupil's domestic
6    or sexual violence organization, as defined in Article
7    26A, or health care provider has indicated to the
8    district, in writing, that the care is needed by the pupil
9    and will cause the pupil's absence from school for 2 or
10    more consecutive weeks.
11A school district may reassess home instruction provided to a
12pupil under paragraph (3) or (4) every 2 months to determine
13the pupil's continuing need for instruction under this
14Section.
15    The instruction course shall be designed to offer
16educational experiences that are equivalent to those given to
17pupils at the same grade level in the district and that are
18designed to enable the pupil to return to the classroom.
19    (b) Notwithstanding any other provision of this Code or
20State law to the contrary, if a pupil is unable to attend
21regular classes because of the reasons set forth in subsection
22(a) and has participated in instruction under this Section
23that is administered by the school or the school district,
24then the pupil may not be penalized for grading purposes or be
25denied course completion, a return to regular classroom
26instruction, grade level advancement, or graduation solely on

 

 

HB3223 Engrossed- 15 -LRB102 10689 CMG 16018 b

1the basis of the pupil's participation in instruction under
2this Section or the pupil's absence from the regular education
3program during the period of instruction under this Section. A
4school or school district may not use instruction under this
5Section to replace making reasonable accommodations so that
6pupils who are parents, expectant parents, or victims of
7domestic or sexual violence may receive regular classroom
8instruction.
9(Source: P.A. 100-443, eff. 8-25-17.)
 
10    (105 ILCS 5/13A-11)
11    Sec. 13A-11. Chicago public schools.
12    (a) The Chicago Board of Education may establish
13alternative schools within Chicago and may contract with third
14parties for services otherwise performed by employees,
15including those in a bargaining unit, in accordance with
16Sections 34-8.1, 34-18, and 34-49.
17    (b) Alternative schools operated by third parties within
18Chicago shall be exempt from all provisions of this Code,
19except provisions concerning:
20        (1) student civil rights;
21        (2) staff civil rights;
22        (3) health and safety;
23        (4) performance and financial audits;
24        (5) the assessments required under Section 2-3.64a-5
25    of this Code;

 

 

HB3223 Engrossed- 16 -LRB102 10689 CMG 16018 b

1        (6) Chicago learning outcomes;
2        (7) Sections 2-3.25a through 2-3.25j of this Code;
3        (8) the Inspector General; and
4        (9) Section 34-2.4b of this Code; and
5        (10) Article 26A and any other provision of this Code
6    concerning students who are parents, expectant parents, or
7    victims of domestic or sexual violence, as defined in
8    Article 26A.
9(Source: P.A. 98-972, eff. 8-15-14.)
 
10    (105 ILCS 5/22-60)
11    Sec. 22-60. Unfunded mandates prohibited.
12    (a) No public school district or private school is
13obligated to comply with the following types of mandates
14unless a separate appropriation has been enacted into law
15providing full funding for the mandate for the school year
16during which the mandate is required:
17        (1) Any mandate in this Code enacted after the
18    effective date of this amendatory Act of the 96th General
19    Assembly.
20        (2) Any regulatory mandate promulgated by the State
21    Board of Education and adopted by rule after the effective
22    date of this amendatory Act of the 96th General Assembly
23    other than those promulgated with respect to this Section
24    or statutes already enacted on or before the effective
25    date of this amendatory Act of the 96th General Assembly.

 

 

HB3223 Engrossed- 17 -LRB102 10689 CMG 16018 b

1    (b) If the amount appropriated to fund a mandate described
2in subsection (a) of this Section does not fully fund the
3mandated activity, then the school district or private school
4may choose to discontinue or modify the mandated activity to
5ensure that the costs of compliance do not exceed the funding
6received.
7    Before discontinuing or modifying the mandate, the school
8district shall petition its regional superintendent of schools
9on or before February 15 of each year to request to be exempt
10from implementing the mandate in a school or schools in the
11next school year. The petition shall include all legitimate
12costs associated with implementing and operating the mandate,
13the estimated reimbursement from State and federal sources,
14and any unique circumstances the school district can verify
15that exist that would cause the implementation and operation
16of such a mandate to be cost prohibitive.
17    The regional superintendent of schools shall review the
18petition. In accordance with the Open Meetings Act, he or she
19shall convene a public hearing to hear testimony from the
20school district and interested community members. The regional
21superintendent shall, on or before March 15 of each year,
22inform the school district of his or her decision, along with
23the reasons why the exemption was granted or denied, in
24writing. The regional superintendent must also send
25notification to the State Board of Education detailing which
26school districts requested an exemption and the results.

 

 

HB3223 Engrossed- 18 -LRB102 10689 CMG 16018 b

1    If the regional superintendent grants an exemption to the
2school district, then the school district is relieved from the
3requirement to establish and implement the mandate in the
4school or schools granted an exemption for the next school
5year. If the regional superintendent of schools does not grant
6an exemption, then the school district shall implement the
7mandate in accordance with the applicable law or rule by the
8first student attendance day of the next school year. However,
9the school district or a resident of the school district may on
10or before April 15 appeal the decision of the regional
11superintendent to the State Superintendent of Education. The
12State Superintendent shall hear appeals on the decisions of
13regional superintendents of schools no later than May 15 of
14each year. The State Superintendent shall make a final
15decision at the conclusion of the hearing on the school
16district's request for an exemption from the mandate. If the
17State Superintendent grants an exemption, then the school
18district is relieved from the requirement to implement a
19mandate in the school or schools granted an exemption for the
20next school year. If the State Superintendent does not grant
21an exemption, then the school district shall implement the
22mandate in accordance with the applicable law or rule by the
23first student attendance day of the next school year.
24    If a school district or private school discontinues or
25modifies a mandated activity due to lack of full funding from
26the State, then the school district or private school shall

 

 

HB3223 Engrossed- 19 -LRB102 10689 CMG 16018 b

1annually maintain and update a list of discontinued or
2modified mandated activities. The list shall be provided to
3the State Board of Education upon request.
4    (c) This Section does not apply to (i) any new statutory or
5regulatory mandates related to revised learning standards
6developed through the Common Core State Standards Initiative
7and assessments developed to align with those standards or
8actions specified in this State's Phase 2 Race to the Top Grant
9application if the application is approved by the United
10States Department of Education, or (ii) new statutory or
11regulatory mandates from the Race to the Top Grant through the
12federal American Recovery and Reinvestment Act of 2009 imposed
13on school districts designated as being in the lowest
14performing 5% of schools within the Race to the Top Grant
15application, or (iii) any changes made to this Code by this
16amendatory Act of the 102nd General Assembly.
17    (d) In any instances in which this Section conflicts with
18the State Mandates Act, the State Mandates Act shall prevail.
19(Source: P.A. 96-1441, eff. 8-20-10.)
 
20    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
21    Sec. 26-2a. A "truant" is defined as a child who is subject
22to compulsory school attendance and who is absent without
23valid cause, as defined under this Section, from such
24attendance for more than 1% but less than 5% of the past 180
25school days.

 

 

HB3223 Engrossed- 20 -LRB102 10689 CMG 16018 b

1    "Valid cause" for absence shall be illness, attendance at
2a verified medical or therapeutic appointment, appointment
3with a victim services provider, observance of a religious
4holiday, death in the immediate family, or family emergency,
5and shall include such other situations beyond the control of
6the student as determined by the board of education in each
7district, or such other circumstances which cause reasonable
8concern to the parent for the mental, emotional, or physical
9health or safety of the student. For purposes of a student who
10is an expectant parent, parent, or victim of domestic or
11sexual violence, "valid cause" for absence shall include (i)
12the fulfillment of a parenting responsibility, including, but
13not limited to, arranging and providing child care, caring for
14a sick child, attending prenatal or other medical appointments
15for the expectant student, and attending medical appointments
16for a child, and (ii) addressing circumstances resulting from
17domestic or sexual violence, including, but not limited to,
18experiencing domestic or sexual violence, recovering from
19physical or psychological injuries, seeking medical attention,
20seeking services from a domestic or sexual violence
21organization, as defined in Article 26A, seeking psychological
22or other counseling, participating in safety planning,
23temporarily or permanently relocating, seeking legal
24assistance or remedies, or taking any other action to increase
25the safety or health of the student or to protect the student
26from future domestic or sexual violence. A school district may

 

 

HB3223 Engrossed- 21 -LRB102 10689 CMG 16018 b

1require a student to verify his or her claim of domestic or
2sexual violence under Section 26A-45 prior to the district
3approving a valid cause for an absence of 3 or more consecutive
4days that is related to domestic or sexual violence.
5    "Chronic or habitual truant" shall be defined as a child
6who is subject to compulsory school attendance and who is
7absent without valid cause from such attendance for 5% or more
8of the previous 180 regular attendance days.
9    "Truant minor" is defined as a chronic truant to whom
10supportive services, including prevention, diagnostic,
11intervention and remedial services, alternative programs and
12other school and community resources have been provided and
13have failed to result in the cessation of chronic truancy, or
14have been offered and refused.
15    A "dropout" is defined as any child enrolled in grades 9
16through 12 whose name has been removed from the district
17enrollment roster for any reason other than the student's
18death, extended illness, removal for medical non-compliance,
19expulsion, aging out, graduation, or completion of a program
20of studies and who has not transferred to another public or
21private school and is not known to be home-schooled by his or
22her parents or guardians or continuing school in another
23country.
24    "Religion" for the purposes of this Article, includes all
25aspects of religious observance and practice, as well as
26belief.

 

 

HB3223 Engrossed- 22 -LRB102 10689 CMG 16018 b

1(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
2101-81, eff. 7-12-19.)
 
3    (105 ILCS 5/Art. 26A heading new)
4
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
5
EXPECTANT PARENTS, OR VICTIMS OF
6
DOMESTIC OR SEXUAL VIOLENCE

 
7    (105 ILCS 5/26A-1 new)
8    Sec. 26A-1. Scope of Article. This Article applies to all
9school districts and schools governed by this Code, including
10schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
1134. However, this Article does not apply to the Department of
12Juvenile Justice School District.
 
13    (105 ILCS 5/26A-5 new)
14    Sec. 26A-5. Purpose. The purpose of this Article is to
15ensure that Illinois schools have policies, procedures, and
16protocols in place that ensure children and students who are
17parents, expectant parents, or victims of domestic or sexual
18violence are identified by schools in a manner respectful of
19their privacy and safety, treated with dignity and regard, and
20provided the protection, instruction, and related
21accommodations and services necessary to enable them to meet
22State educational standards and successfully attain a school
23diploma. This Article shall be interpreted liberally to aid in

 

 

HB3223 Engrossed- 23 -LRB102 10689 CMG 16018 b

1this purpose. Nothing in this Article precludes or may be used
2to preclude a mandated reporter from reporting child abuse or
3child neglect as required under the Abused and Neglected Child
4Reporting Act.
 
5    (105 ILCS 5/26A-10 new)
6    Sec. 26A-10. Definitions. In this Article:
7    "Confidential" means information or facts expected and
8intended to be kept private or protected by an existing
9privilege in the Code of Civil Procedure. Confidential
10information may be disclosed by a school or school district if
11such disclosure is required by State or federal law or is
12necessary to complete proceedings relevant to this Article.
13Designation of student information as confidential applies to
14the school and school district and does not limit a student's
15right to speak about the student's experiences.
16    "Consent" includes, at a minimum, a recognition that (i)
17consent is a freely given agreement to sexual activity, (ii)
18an individual's lack of verbal or physical resistance or
19submission resulting from the use of threat of force does not
20constitute consent, (iii) an individual's manner of dress does
21not constitute consent, (iv) an individual's consent to past
22sexual activity does not constitute consent to future sexual
23activity, (v) an individual's consent to engage in one type of
24sexual activity with one person does not constitute consent to
25engage in any other type of sexual activity or sexual activity

 

 

HB3223 Engrossed- 24 -LRB102 10689 CMG 16018 b

1with another person, (vi) an individual can withdraw consent
2at any time, and (vii) an individual cannot consent to sexual
3activity if that individual is unable to understand the nature
4of the activity or give knowing consent due to the
5circumstances that include, but are not limited to, all the
6following:
7        (1) The individual is incapacitated due to the use or
8    influence of alcohol or drugs.
9        (2) The individual is asleep or unconscious.
10        (3) The individual is under the age of consent.
11        (4) The individual is incapacitated due to a mental
12    disability.
13    "Domestic or sexual violence" means domestic violence,
14gender-based harassment, sexual activity without consent,
15sexual assault, sexual violence, or stalking. Domestic or
16sexual violence may occur through electronic communication.
17Domestic or sexual violence exists regardless of when or where
18the violence occurred, whether or not the violence is the
19subject of a criminal investigation or the perpetrator has
20been criminally charged or convicted of a crime, whether or
21not an order of protection or a no-contact order is pending
22before or has been issued by a court, or whether or not any
23domestic or sexual violence took place on school grounds,
24during regular school hours, or during a school-sponsored
25event.
26    "Domestic or sexual violence organization" means a

 

 

HB3223 Engrossed- 25 -LRB102 10689 CMG 16018 b

1nonprofit, nongovernmental organization that provides
2assistance to victims of domestic or sexual violence or
3advocates for those victims, including an organization
4carrying out a domestic or sexual violence program, an
5organization operating a shelter or a rape crisis center or
6providing counseling services, an accredited children's
7advocacy center, an organization that provides services to or
8advocates on behalf of children and students who are gay,
9lesbian, bisexual, transgender, or gender nonconforming, an
10organization that provides services to or advocates on behalf
11of children and students who are parents or expectant parents,
12or an organization seeking to eliminate domestic or sexual
13violence or to address the consequences of that violence for
14its victims through legislative advocacy or policy change,
15public education, or service collaboration.
16    "Domestic violence" means abuse, as defined in the
17Illinois Domestic Violence Act of 1986, by family or household
18members, as defined in the Illinois Domestic Violence Act of
191986.
20    "Electronic communication" includes communications via
21telephone, mobile phone, computer, email, video recorder, fax
22machine, telex, pager, apps or applications, or any other
23electronic communication or cyberstalking under Section 12-7.5
24of the Criminal Code of 2012.
25    "Expectant parent" means a student who (i) is pregnant and
26(ii) has not yet received a diploma for completion of a

 

 

HB3223 Engrossed- 26 -LRB102 10689 CMG 16018 b

1secondary education, as defined in Section 22-22.
2    "Gender-based harassment" means any harassment or
3discrimination on the basis of an individual's actual or
4perceived sex or gender, including unwelcome sexual advances,
5requests for sexual favors, other verbal or physical conduct
6of a sexual nature, or unwelcome conduct, including verbal,
7nonverbal, or physical conduct that is not sexual in nature
8but is related to a student's status as a parent, expectant
9parent, or victim of domestic or sexual violence.
10    "Harassment" means any unwelcome conduct on the basis of a
11student's actual or perceived race, gender, color, religion,
12national origin, ancestry, sex, marital status, order of
13protection status, disability, sexual orientation, gender
14identity, pregnancy, or citizenship status that has the
15purpose or effect of substantially interfering with the
16individual's academic performance or creating an intimidating,
17hostile, or offensive learning environment.
18    "Perpetrator" means an individual who commits or is
19alleged to have committed any act of domestic or sexual
20violence. The term "perpetrator" must be used with caution
21when applied to children, particularly young children.
22    "Poor academic performance" means a student who has (i)
23scored in the 50th percentile or below on a school
24district-administered standardized test, (ii) received a score
25on a State assessment that does not meet standards in one or
26more of the fundamental learning areas under Section 27-1, as

 

 

HB3223 Engrossed- 27 -LRB102 10689 CMG 16018 b

1applicable for the student's grade level, or (iii) not met
2grade-level expectations on a school district-designated
3assessment.
4    "Representative" means an adult who is authorized to act
5on behalf of a student during a proceeding, including an
6attorney, parent, or guardian.
7    "School" means a school district or school governed by
8this Code, including a school operating under Article 13, 13A,
913B, 27A, 32, 33, or 34, other than the Department of Juvenile
10Justice School District. "School" includes any other entity
11responsible for administering public schools, such as
12cooperatives, joint agreements, charter schools, special
13charter districts, regional offices of education, local
14agencies, or the Department of Human Services, and non-public
15schools recognized by the State Board of Education.
16    "Sexual activity" means any knowingly touching or fondling
17by one person, either directly or through clothing, of the sex
18organs, anus, mouth, or breast of another person for the
19purpose of sexual gratification or arousal.
20    "Sexual assault" or "sexual violence" means any conduct of
21an adult or minor child proscribed in Article 11 of the
22Criminal Code of 2012, except for Sections 11-35, 11-40, and
2311-45 of the Criminal Code of 2012, including conduct
24committed by a perpetrator who is a stranger to the victim and
25conduct by a perpetrator who is known or related by blood or
26marriage to the victim.

 

 

HB3223 Engrossed- 28 -LRB102 10689 CMG 16018 b

1    "Stalking" means any conduct proscribed in Section 12-7.3,
212-7.4, or 12-7.5 of the Criminal Code of 2012, including
3stalking committed by a perpetrator who is a stranger to the
4victim and stalking committed by a perpetrator who is known or
5related by blood or marriage to the victim.
6    "Student" or "pupil" means any child who has not yet
7received a diploma for completion of a secondary education, as
8defined in Section 22-22 and pursuant to the criteria set
9forth in subsection (b) of Section 26-2. "Student" includes,
10but is not limited to, an unaccompanied minor not in the
11physical custody of a parent or guardian.
12    "Student at risk of academic failure" means a student who
13is at risk of failing to meet the Illinois Learning Standards
14or failing to graduate from elementary or high school and who
15demonstrates a need for educational support or social services
16beyond those provided by the regular school program.
17    "Student parent" means a student who is a custodial or
18noncustodial parent taking an active role in the care and
19supervision of a child and who has not yet received a diploma
20for completion of a secondary education, as defined in Section
2122-22.
22    "Support person" means any person whom the victim has
23chosen to include in proceedings for emotional support or
24safety. A support person does not participate in proceedings
25but is permitted to observe and support the victim with parent
26or guardian approval. "Support person" may include, but is not

 

 

HB3223 Engrossed- 29 -LRB102 10689 CMG 16018 b

1limited to, an advocate, clergy, a counselor, and a parent or
2guardian. If a student is age 18 years or older, the student
3has the right to choose a support person without parent or
4guardian approval.
5    "Survivor-centered" means a systematic focus on the needs
6and concerns of a survivor of sexual violence, domestic
7violence, dating violence, or stalking that (i) ensures the
8compassionate and sensitive delivery of services in a
9nonjudgmental manner, (ii) ensures an understanding of how
10trauma affects survivor behavior, (iii) maintains survivor
11safety, privacy, and, if possible, confidentiality, and (iv)
12recognizes that a survivor is not responsible for the sexual
13violence, domestic violence, dating violence, or stalking.
14    "Trauma-informed response" means a response involving an
15understanding of the complexities of sexual violence, domestic
16violence, dating violence, or stalking through training
17centered on the neurobiological impact of trauma, the
18influence of societal myths and stereotypes surrounding sexual
19violence, domestic violence, dating violence, or stalking, and
20understanding the behavior of perpetrators.
21    "Victim" means an individual who has been subjected to one
22or more acts of domestic or sexual violence.
 
23    (105 ILCS 5/26A-15 new)
24    Sec. 26A-15. Ensuring Success in School Task Force.
25    (a) The Ensuring Success in School Task Force is created

 

 

HB3223 Engrossed- 30 -LRB102 10689 CMG 16018 b

1to do all of the following:
2        (1) Draft and publish model policies and
3    intergovernmental agreements for inter-district
4    transfers.
5        (2) Draft and publish model complaint resolution
6    procedures as required in subsection (c) of Section
7    26A-25.
8        (3) Identify current mandatory educator and staff
9    training and additional new training needed to meet the
10    requirements of Sections 26A-25 and 26A-35.
11    The policies and agreements shall be survivor-centered and
12rooted in trauma-informed responses and used to support all
13students, from pre-kindergarten through grade 12, who are
14survivors of domestic or sexual violence, regardless of
15whether the perpetrator is school-related or not, or who are
16parenting or pregnant, regardless of whether the school is a
17public school, nonpublic school, or charter school.
18    (b) The Task Force shall be representative of the
19geographic, racial, ethnic, sexual orientation, gender
20identity, and cultural diversity of this State. The Task Force
21shall consist of all of the following members, who must be
22appointed no later than 60 days after the effective date of
23this amendatory Act of the 102nd General Assembly:
24        (1) One Representative appointed by the Speaker of the
25    House of Representatives.
26        (2) One Representative appointed by the Minority

 

 

HB3223 Engrossed- 31 -LRB102 10689 CMG 16018 b

1    Leader of the House of Representatives.
2        (3) One Senator appointed by the President of the
3    Senate.
4        (4) One Senator appointed by the Minority Leader of
5    the Senate.
6        (5) One member who represents a State-based
7    organization that advocates for lesbian, gay, bisexual,
8    transgender, and queer people appointed by the State
9    Superintendent of Education.
10        (6) One member who represents a State-based,
11    nonprofit, nongovernmental organization that advocates for
12    survivors of domestic violence appointed by the State
13    Superintendent of Education.
14        (7) One member who represents a statewide, nonprofit,
15    nongovernmental organization that advocates for survivors
16    of sexual violence appointed by the State Superintendent
17    of Education.
18        (8) One member who represents a statewide, nonprofit,
19    nongovernmental organization that offers free legal
20    services, including victim's rights representation, to
21    survivors of domestic violence or sexual violence
22    appointed by the State Superintendent of Education.
23        (9) One member who represents an organization that
24    advocates for pregnant or parenting youth appointed by the
25    State Superintendent of Education.
26        (10) One member who represents a youth-led

 

 

HB3223 Engrossed- 32 -LRB102 10689 CMG 16018 b

1    organization with expertise in domestic and sexual
2    violence appointed by the State Superintendent of
3    Education.
4        (11) One member who represents the Children's Advocacy
5    Centers of Illinois appointed by the State Superintendent
6    of Education.
7        (12) One representative of the State Board of
8    Education appointed by the State Superintendent of
9    Education.
10        (13) One member who represents a statewide
11    organization of social workers appointed by the State
12    Superintendent of Education.
13        (14) One member who represents a statewide
14    organization for school psychologists appointed by the
15    State Superintendent of Education.
16        (15) One member who represents a statewide
17    organization of school counselors appointed by the State
18    Superintendent of Education.
19        (16) One member who represents a statewide
20    professional teachers' organization appointed by the State
21    Superintendent of Education.
22        (17) One member who represents a different statewide
23    professional teachers' organization appointed by the State
24    Superintendent of Education.
25        (18) One member who represents a statewide
26    organization for school boards appointed by the State

 

 

HB3223 Engrossed- 33 -LRB102 10689 CMG 16018 b

1    Superintendent of Education.
2        (19) One member who represents a statewide
3    organization for school principals appointed by the State
4    Superintendent of Education.
5        (20) One member who represents a school district
6    organized under Article 34 appointed by the State
7    Superintendent of Education.
8        (21) One member who represents an association
9    representing rural school superintendents appointed by the
10    State Superintendent of Education.
11    (c) The Task Force shall first meet at the call of the
12State Superintendent of Education, and each subsequent meeting
13shall be called by the chairperson, who shall be designated by
14the State Superintendent of Education. The State Board of
15Education shall provide administrative and other support to
16the Task Force. Members of the Task Force shall serve without
17compensation.
18    (d) On or before June 30, 2023, the Task Force shall report
19its work, including model policies, guidance recommendations,
20and agreements, to the Governor and the General Assembly. The
21report must include all of the following:
22        (1) Model school and district policies to facilitate
23    inter-district transfers for student survivors of domestic
24    or sexual violence, expectant parents, and parents. These
25    policies shall place high value on being accessible and
26    expeditious for student survivors and pregnant and

 

 

HB3223 Engrossed- 34 -LRB102 10689 CMG 16018 b

1    parenting students.
2        (2) Model school and district policies to ensure
3    confidentiality and privacy considerations for student
4    survivors of domestic or sexual violence, expectant
5    parents, and parents. These policies must include guidance
6    regarding appropriate referrals for nonschool-based
7    services.
8        (3) Model school and district complaint resolution
9    procedures as prescribed by Section 26A-25.
10        (4) Guidance for schools and districts regarding which
11    mandatory training that is currently required for educator
12    licenses or under State or federal law would be suitable
13    to fulfill training requirements for resource personnel as
14    prescribed by Section 26A-35 and for the staff tasked with
15    implementing the complaint resolution procedure as
16    prescribed by Section 26A-25. The guidance shall evaluate
17    all relevant mandatory or recommended training, including,
18    but not limited to, the training required under subsection
19    (j) of Section 4 of the Abused and Neglected Child
20    Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and
21    27-23.7 of this Code, and subsections (d) and (f) of
22    Section 10-22.39 of this Code. The guidance must also
23    identify what gaps in training exist, including, but not
24    limited to, training on trauma-informed responses and
25    racial and gender equity, and make recommendations for
26    future training programs that should be required or

 

 

HB3223 Engrossed- 35 -LRB102 10689 CMG 16018 b

1    recommended for the positions as prescribed by Sections
2    26A-25 and 26A-35.
3    (e) The Task Force is dissolved upon submission of its
4report under subsection (d).
5    (f) This Section is repealed on December 1, 2023.
 
6    (105 ILCS 5/26A-20 new)
7    Sec. 26A-20. Review and revision of policies and
8procedures.
9    (a) No later than July 1, 2024 and every 2 years
10thereafter, each school district must review all existing
11policies and procedures and must revise any existing policies
12and procedures that may act as a barrier to the immediate
13enrollment and re-enrollment, attendance, graduation, and
14success in school of any student who is a student parent,
15expectant student parent, or victim of domestic or sexual
16violence or any policies or procedures that may compromise a
17criminal investigation relating to domestic or sexual violence
18or may re-victimize students. A school district must adopt new
19policies and procedures, as needed, to implement this Section
20and to ensure that immediate and effective steps are taken to
21respond to students who are student parents, expectant
22parents, or victims of domestic or sexual violence.
23    (b) A school district's policy must be consistent with the
24model policy and procedures adopted by the State Board of
25Education and under Public Act 101-531.

 

 

HB3223 Engrossed- 36 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Engrossed- 37 -LRB102 10689 CMG 16018 b

1    privacy, and (iii) the extent of the individual's or
2    entity's ability to have confidential communications with
3    the student or his or her parent or guardian.
4        (6) The adoption of a complaint resolution procedure
5    as provided in Section 26A-25.
6    (d) A school district must post its revised policies and
7procedures on its website, distribute them at the beginning of
8each school year to each student, and make copies available to
9each student and his or her parent or guardian for inspection
10and copying at no cost to the student or parent or guardian at
11each school within a school district.
 
12    (105 ILCS 5/26A-25 new)
13    Sec. 26A-25. Complaint resolution procedure.
14    (a) On or before July 1, 2024, each school district must
15adopt one procedure to resolve complaints of violations of
16this amendatory Act of the 102nd General Assembly. The
17respondent must be the school, school district, or school
18personnel. These procedures shall comply with the
19confidentiality provisions of Sections 26A-20 and 26A-30. The
20procedures must include, at minimum, all of the following:
21        (1) The opportunity to consider the most appropriate
22    means to execute the procedure considering school safety,
23    the developmental level of students, methods to reduce
24    trauma during the procedure, and how to avoid multiple
25    communications with students involved with an alleged

 

 

HB3223 Engrossed- 38 -LRB102 10689 CMG 16018 b

1    incident of domestic or sexual violence.
2        (2) Any proceeding, meeting, or hearing held to
3    resolve complaints of any violation of this amendatory Act
4    of the 102nd General Assembly must protect the privacy of
5    the participating parties and witnesses. A school, school
6    district, or school personnel may not disclose the
7    identity of parties or witnesses, except as necessary to
8    resolve the complaint or to implement interim protective
9    measures and reasonable accommodations or when required by
10    State or federal law.
11        (3) Complainants alleging violations of this
12    amendatory Act of the 102nd General Assembly must have the
13    opportunity to request that the complaint resolution
14    procedure begin promptly and proceed in a timely manner.
15    (b) A school district must determine the individuals who
16will resolve complaints of violations of this amendatory Act
17of the 102nd General Assembly.
18        (1) All individuals whose duties include resolution of
19    complaints of violations of this amendatory Act of the
20    102nd General Assembly must complete a minimum of 8 hours
21    of training on issues related to domestic and sexual
22    violence and how to conduct the school's complaint
23    resolution procedure. Training may include the in-service
24    training required under subsection (d) of Section 10-22.39
25    before commencement of those duties, and an individual
26    must receive a minimum of 6 hours of such training

 

 

HB3223 Engrossed- 39 -LRB102 10689 CMG 16018 b

1    annually thereafter. This training must be conducted by an
2    individual or individuals with expertise in domestic or
3    sexual violence in youth and expertise in developmentally
4    appropriate communications with elementary and secondary
5    school students regarding topics of a sexual, violent, or
6    sensitive nature.
7        (2) Each school must have a sufficient number of
8    individuals trained to resolve complaints so that (i) a
9    substitution can occur in the case of a conflict of
10    interest or recusal, (ii) an individual with no prior
11    involvement in the initial determination or finding may
12    hear any appeal brought by a party, and (iii) the
13    complaint resolution procedure proceeds in a timely
14    manner.
15        (3) The complainant and any witnesses shall (i)
16    receive notice of the name of the individual with
17    authority to make a finding or approve an accommodation in
18    the proceeding before the individual may initiate contact
19    with the complainant and any witnesses and (ii) have the
20    opportunity to request a substitution if the participation
21    of an individual with authority to make a finding or
22    approve an accommodation poses a conflict of interest.
23    (c) If the alleged violation of this amendatory Act of the
24102nd General Assembly involves making a determination or a
25finding of responsibility for causing harm, the following
26procedures shall apply:

 

 

HB3223 Engrossed- 40 -LRB102 10689 CMG 16018 b

1        (1) The individual making the finding must use a
2    preponderance of evidence standard to determine whether
3    the incident occurred.
4        (2) The complainant and respondent and any witnesses
5    may not directly or through a representative question one
6    another. At the discretion of the individual resolving the
7    complaint, the complainant and the respondent may suggest
8    questions to be posed by the individual resolving the
9    complaint and if the individual resolving the complaint
10    decides to pose such questions.
11        (3) A live hearing is not required. If the complaint
12    resolution procedure includes a hearing, no student who is
13    a witness, including the complainant, may be compelled to
14    testify in the presence of a party or other witness. If a
15    witness invokes this right to testify outside the presence
16    of the other party or other witnesses, then the school
17    district must provide an option by which each party may,
18    at a minimum, hear the witnesses' testimony.
19    (d) Each party and witness may request and must be allowed
20to have a representative or support persons of their choice
21accompany them to any meeting or proceeding related to the
22alleged violence or violation of this amendatory Act of the
23102nd General Assembly if the involvement of the
24representative or support persons does not result in undue
25delay of the meeting or proceeding. This representative or
26support persons must comply with any rules of the school

 

 

HB3223 Engrossed- 41 -LRB102 10689 CMG 16018 b

1district's complaint resolution procedure. If the
2representative or support persons violate the rules or engage
3in behavior or advocacy that harasses, abuses, or intimidates
4either party, a witness, or an individual resolving the
5complaint, the representative or support persons may be
6prohibited from further participation in the meeting or
7proceeding.
8    (e) The complainant, regardless of the level of
9involvement in the complaint resolution procedure, and the
10respondent must have the opportunity to provide or present
11evidence and witnesses on their behalf during the complaint
12resolution procedure.
13    (f) The complainant and respondent and any named
14perpetrator directly impacted by the results of the complaint
15resolution procedure are entitled to simultaneous written
16notification of the results of the complaint resolution
17procedure, including information regarding appeals rights and
18procedures, within 10 business days after a decision or sooner
19if required by State or federal law or district policy.
20    (g) The complainant, respondents, and named perpetrator,
21if directly impacted by the results of the complaint
22resolution procedure, must, at a minimum, have the right to
23timely appeal the complaint resolution procedure's findings or
24remedies if a party alleges (i) a procedural error occurred,
25(ii) new information exists that would substantially change
26the outcome of the proceeding, (iii) the remedy is not

 

 

HB3223 Engrossed- 42 -LRB102 10689 CMG 16018 b

1sufficiently related to the finding, or (iv) the decision is
2against the weight of the evidence.
3    (h) An individual reviewing the findings or remedies may
4not have previously participated in the complaint resolution
5procedure and may not have a conflict of interest with either
6party.
7    (i) The complainant and respondent and any perpetrators
8directly impacted by the results of the complaint resolution
9procedure must receive the appeal decision, in writing, within
1010 business days but in no case more than 15 business days
11after the conclusion of the review of findings or remedies or
12sooner if required by State or federal law.
13    (j) Each school district must have a procedure to
14determine interim protective measures and accommodations
15available pending the resolution of the complaint, including
16the implementation of court orders.
 
17    (105 ILCS 5/26A-30 new)
18    Sec. 26A-30. Confidentiality.
19    (a) Each school district must adopt and implement a policy
20and protocol to ensure that all information concerning a
21student's status and related experiences as a parent,
22expectant parent, or victim of domestic or sexual violence or
23a student who is a named perpetrator of domestic or sexual
24violence, provided to or otherwise obtained by the school
25district or its employees or agents pursuant to this Code or

 

 

HB3223 Engrossed- 43 -LRB102 10689 CMG 16018 b

1otherwise, including a statement of the student or any other
2documentation, record, or corroborating evidence that the
3student has requested or obtained assistance, accommodations,
4or services pursuant to this Code, shall be retained in the
5strictest of confidence by the school district or its
6employees or agents and may not be disclosed to any other
7individual, including any other employee, except if such
8actions are (i) in conflict with the Illinois School Student
9Records Act, the federal Family Educational Rights and Privacy
10Act of 1974, or other applicable State or federal laws, or (ii)
11requested or consented to, in writing, by the student or the
12student's parent or guardian if it is safe to obtain written
13consent from the student's parent or guardian.
14    (b) Prior to disclosing information about a student's
15status as a parent, expectant parent, or victim of domestic or
16sexual violence, a school must notify the student and discuss
17and address any safety concerns related to the disclosure,
18including instances in which the student indicates or the
19school or school district or its employees or agents are
20otherwise aware that the student's health or safety may be at
21risk if his or her status is disclosed to the student's parent
22or guardian, except as otherwise required by applicable State
23or federal law, including the Abused and Neglected Child
24Reporting Act, the Illinois School Student Records Act, the
25federal Family Educational Rights and Privacy Act of 1974, and
26professional ethics policies that govern professional school

 

 

HB3223 Engrossed- 44 -LRB102 10689 CMG 16018 b

1personnel.
2    (c) No student may be required to testify publicly
3concerning his or her status as a victim of domestic or sexual
4violence, allegations of domestic or sexual violence, his or
5her status as a parent or expectant parent, or the student's
6efforts to enforce any of his or her rights under provisions of
7this Code relating to students who are parents, expectant
8parents, or victims of domestic or sexual violence.
9    (d) In the case of domestic or sexual violence, except as
10required under State or federal law, a school district must
11not contact the person named to be the perpetrator, the
12perpetrator's family, or any other person named by the student
13or named by the student's parent or guardian to be unsafe to
14contact to verify the violence. A school district must not
15contact the perpetrator, the perpetrator's family, or any
16other person named by the student or the student's parent or
17guardian to be unsafe for any other reason without written
18permission from the student or his or her parent or guardian.
19Permission from the student's parent or guardian may not be
20pursued if the student alleges that his or her health or safety
21would be threatened if the school or school district contacts
22the student's parent or guardian to obtain permission. Nothing
23in this Section prohibits the school or school district from
24taking other steps to investigate the violence or from
25contacting persons not named by the student or the student's
26parent or guardian as unsafe to contact. Nothing in this

 

 

HB3223 Engrossed- 45 -LRB102 10689 CMG 16018 b

1Section prohibits the school or school district from taking
2reasonable steps to protect students. If the reasonable steps
3taken to protect students involve prohibited conduct under
4this subsection (d), the school must provide notice to the
5reporting student, in writing and in a developmentally
6appropriate communication format, of its intent to contact the
7parties named to be unsafe.
8    (e) A school district must take all actions necessary to
9comply with this Section, unless in conflict with the Illinois
10School Student Records Act, the federal Family Educational
11Rights and Privacy Act of 1974, or other applicable State or
12federal laws, by no later than July 1, 2024.
 
13    (105 ILCS 5/26A-35 new)
14    Sec. 26A-35. Domestic or sexual violence and parenting
15resource personnel.
16    (a) Each school district shall designate or appoint at
17least one staff person at each school in the district who is
18employed at least part time at the school and who is a school
19social worker, school psychologist, school counselor, school
20nurse, or school administrator trained to address, in a
21survivor-centered, trauma responsive, culturally responsive,
22confidential, and sensitive manner, the needs of students who
23are parents, expectant parents, or victims of domestic or
24sexual violence. The designated or appointed staff person must
25have all of the following duties:

 

 

HB3223 Engrossed- 46 -LRB102 10689 CMG 16018 b

1        (1) To connect students who are parents, expectant
2    parents, or victims of domestic or sexual violence to
3    appropriate in-school services or other agencies,
4    programs, or services as needed.
5        (2) To coordinate the implementation of the school's
6    and school district's policies, procedures, and protocols
7    in cases involving student allegations of domestic or
8    sexual violence.
9        (3) To coordinate the implementation of the school's
10    and school district's policies, procedures, and protocols
11    as set forth in provisions of this Code concerning
12    students who are parents, expectant parents, or victims of
13    domestic or sexual violence.
14        (4) To assist students described in paragraph (1) in
15    their efforts to exercise and preserve their rights as set
16    forth in provisions of this Code concerning students who
17    are parents, expectant parents, or victims of domestic or
18    sexual violence.
19        (5) To assist in providing staff development to
20    establish a positive and sensitive learning environment
21    for students described in paragraph (1).
22    (b) A member of staff who is designated or appointed under
23subsection (a) must (i) be trained to understand, provide
24information and referrals, and address issues pertaining to
25youth who are parents, expectant parents, or victims of
26domestic or sexual violence, including the theories and

 

 

HB3223 Engrossed- 47 -LRB102 10689 CMG 16018 b

1dynamics of domestic and sexual violence, the necessity for
2confidentiality and the law, policy, procedures, and protocols
3implementing confidentiality, and the notification of the
4student's parent or guardian regarding the student's status as
5a parent, expectant parent, or victim of domestic or sexual
6violence or the enforcement of the student's rights under this
7Code if the notice of the student's status or the involvement
8of the student's parent or guardian may put the health or
9safety of the student at risk, including the rights of minors
10to consent to counseling services and psychotherapy under the
11Mental Health and Developmental Disabilities Code, or (ii) at
12a minimum, have participated in an in-service training program
13under subsection (d) of Section 10-22.39 that includes
14training on the rights of minors to consent to counseling
15services and psychotherapy under the Mental Health and
16Developmental Disabilities Code within 12 months prior to his
17or her designation or appointment.
18    (c) A school district must designate or appoint and train
19all domestic or sexual violence and parenting resource
20personnel, and the personnel must assist in implementing the
21duties as described in this Section no later than June 30,
222024, except in those school districts in which there exists a
23collective bargaining agreement on the effective date of this
24amendatory Act of the 102nd General Assembly and the
25implementation of this Section would be a violation of that
26collective bargaining agreement. If implementation of some

 

 

HB3223 Engrossed- 48 -LRB102 10689 CMG 16018 b

1activities required under this Section is prevented by an
2existing collective bargaining agreement, a school district
3must comply with this Section to the fullest extent allowed by
4the existing collective bargaining agreement no later than
5June 30, 2024. In those instances in which a collective
6bargaining agreement that either fully or partially prevents
7full implementation of this Section expires after June 30,
82024, a school district must designate or appoint and train
9all domestic and sexual violence and parenting resource
10personnel, who shall implement the duties described in this
11Section no later than the effective date of the new collective
12bargaining agreement that immediately succeeds the collective
13bargaining agreement in effect on the effective date of this
14amendatory Act of the 102nd General Assembly.
 
15    (105 ILCS 5/26A-40 new)
16    Sec. 26A-40. Accommodations and services.
17    (a) To facilitate the full participation of students who
18are parents, expectant parents, or victims of domestic or
19sexual violence, each school district must provide those
20students with reasonable accommodations, in-school support
21services, access to nonschool-based support services, and the
22ability to make up work missed on account of circumstances
23related to the student's status as a parent, expectant parent,
24or victim of domestic or sexual violence. Victims of domestic
25or sexual violence must have access to those accommodations

 

 

HB3223 Engrossed- 49 -LRB102 10689 CMG 16018 b

1and services regardless of when or where the violence for
2which they are seeking accommodations and services occurred.
3All accommodations and services must be continued for as long
4as necessary to maintain the mental and physical well-being
5and safety of the student. Schools may have a policy to
6periodically check on students receiving accommodations and
7services to determine whether each accommodation and service
8continues to be necessary to maintain the mental and physical
9well-being and safety of the student or whether termination is
10appropriate.
11    (b) Accommodations provided under subsection (a) shall
12include, but are not limited to (i) the provision of
13sufficiently private settings to ensure confidentiality and
14time off from class for meetings with counselors or other
15service providers, (ii) assisting the student with a student
16success plan, (iii) transferring a victim of domestic or
17sexual violence or the student perpetrator to a different
18classroom or school, (iv) changing a seating assignment, (v)
19implementing in-school, school grounds, and bus safety
20procedures, (vi) honoring court orders, including orders of
21protection and no-contact orders to the fullest extent
22possible, and (vii) providing any other accommodation that may
23facilitate the full participation in the regular education
24program of students who are parents, expectant parents, or
25victims of domestic or sexual violence.
26    (c) If a student who is a parent, expectant parent, or

 

 

HB3223 Engrossed- 50 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Engrossed- 51 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Engrossed- 52 -LRB102 10689 CMG 16018 b

1health, and safety a paramount concern.
2    (f) Each school must honor a student's and a parent's or
3guardian's decision to obtain education and support services,
4accommodations, and nonschool-based support services, to
5terminate the receipt of those education and support services,
6accommodations, or nonschool-based support services, or to
7decline participation in those education and support services,
8accommodations, or nonschool-based support services. No
9student is obligated to use education and support services,
10accommodations, or nonschool-based support services. In
11developing accommodations or educational support services, the
12privacy, mental and physical health, and safety of the student
13shall be of paramount concern. No adverse or prejudicial
14effects may result to any student because of the student's
15availing of or declining the provisions of this Section as
16long as the student is working with the school to meet academic
17standards for matriculation as defined by school district
18policy.
19    (g) Any support services to students receiving education
20and support services must be available in any school or by home
21or hospital instruction to the highest quality and fullest
22extent possible for the individual setting.
23    (h) Individual, peer, group, and family counseling
24services or psychotherapy must be made available to students
25who are parents, expectant parents, or victims of domestic or
26sexual violence consistent with the Mental Health and

 

 

HB3223 Engrossed- 53 -LRB102 10689 CMG 16018 b

1Developmental Disabilities Code. At least once every school
2year, each school district must inform, in writing, all school
3personnel and all students 12 years of age or older of the
4availability of counseling without parental or guardian
5consent under Section 3-5A-105 (to be renumbered as Section
63-550 in a revisory bill as of the effective date of this
7amendatory Act of the 102nd General Assembly) of the Mental
8Health and Developmental Disabilities Code. This information
9must also be provided to students immediately after any school
10personnel becomes aware that a student is a parent, expectant
11parent, or victim of domestic or sexual violence.
12    (i) All domestic or sexual violence organizations and
13their staff and any other nonschool organization and its staff
14shall maintain confidentiality pursuant to federal and State
15laws and their professional ethics policies regardless of when
16or where information, advice, counseling, or any other
17interaction with students takes place. A school or school
18district may not request or require those organizations or
19individuals to breach confidentiality.
 
20    (105 ILCS 5/26A-45 new)
21    Sec. 26A-45. Verification.
22    (a) For purposes of students asserting their rights under
23provisions relating to domestic or sexual violence in Sections
2410-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
25school district may require verification of the claim. The

 

 

HB3223 Engrossed- 54 -LRB102 10689 CMG 16018 b

1student or the student's parents or guardians shall choose
2which form of verification to submit to the school district. A
3school district may only require one form of verification,
4unless the student is requesting a transfer to another school,
5in which case the school district may require 2 forms of
6verification. All forms of verification received by a school
7district under this subsection (a) must be kept in a
8confidential temporary file, in accordance with the Illinois
9School Student Records Act. Any one of the following shall be
10acceptable as a form of verification of a student's claim of
11domestic or sexual violence:
12        (1) A written statement from the student or anyone who
13    has knowledge of the circumstances that support the
14    student's claim. This may be in the form of a complaint.
15        (2) A police report, government agency record, or
16    court record.
17        (3) A statement or other documentation from a domestic
18    or sexual violence organization or any other organization
19    from which the student sought services or advice.
20        (4) Documentation from a lawyer, clergy person,
21    medical professional, or other professional from whom the
22    student sought services or advice related to domestic or
23    sexual violence.
24        (5) Any other evidence, such as physical evidence of
25    violence, that supports the claim.
26    (b) A student or a student's parent or guardian who has

 

 

HB3223 Engrossed- 55 -LRB102 10689 CMG 16018 b

1provided acceptable verification that the student is or has
2been a victim of domestic or sexual violence may not be
3required to provide any additional verification if the
4student's efforts to assert rights under this Code stem from a
5claim involving the same perpetrator or the same incident of
6violence. No school or school district shall request or
7require additional documentation.
8    (c) The person named to be the perpetrator, the
9perpetrator's family, or any other person named by the student
10or the student's parent or guardian to be unsafe to contact may
11not be contacted to verify the violence. The perpetrator, the
12perpetrator's family, or any other person named by the student
13or the student's parent or guardian to be unsafe may not be
14contacted for any other reason without written permission of
15the student or written permission of the student's parent or
16guardian. Permission of the student's parent or guardian may
17not be pursued if the student alleges that his or her health or
18safety would be threatened if the school or school district
19contacts the student's parent or guardian to obtain written
20consent.
 
21    (105 ILCS 5/26A-50 new)
22    Sec. 26A-50. Prohibited practices. No school or school
23district may take any adverse action against a student who is a
24parent, expectant parent, or victim of domestic or sexual
25violence because the student or his or her parent or guardian

 

 

HB3223 Engrossed- 56 -LRB102 10689 CMG 16018 b

1(i) exercises or attempts to exercise his or her rights under
2this amendatory Act of the 102nd General Assembly, (ii)
3opposes practices that the student or his or her parent or
4guardian believes to be in violation of this amendatory Act of
5the 102nd General Assembly, or (iii) supports the exercise of
6the rights of another under this amendatory Act of the 102nd
7General Assembly. Exercising rights under this amendatory Act
8of the 102nd General Assembly includes, but is not limited to,
9filing an action, instituting or causing to be instituted any
10proceeding under or related to this amendatory Act of the
11102nd General Assembly, or in any manner requesting, availing
12himself or herself of, or declining any of the provisions of
13this amendatory Act of the 102nd General Assembly, including,
14but not limited to, accommodations and services.
 
15    (105 ILCS 5/27A-5)
16    Sec. 27A-5. Charter school; legal entity; requirements.
17    (a) A charter school shall be a public, nonsectarian,
18nonreligious, non-home based, and non-profit school. A charter
19school shall be organized and operated as a nonprofit
20corporation or other discrete, legal, nonprofit entity
21authorized under the laws of the State of Illinois.
22    (b) A charter school may be established under this Article
23by creating a new school or by converting an existing public
24school or attendance center to charter school status.
25Beginning on April 16, 2003 (the effective date of Public Act

 

 

HB3223 Engrossed- 57 -LRB102 10689 CMG 16018 b

193-3), in all new applications to establish a charter school
2in a city having a population exceeding 500,000, operation of
3the charter school shall be limited to one campus. The changes
4made to this Section by Public Act 93-3 do not apply to charter
5schools existing or approved on or before April 16, 2003 (the
6effective date of Public Act 93-3).
7    (b-5) In this subsection (b-5), "virtual-schooling" means
8a cyber school where students engage in online curriculum and
9instruction via the Internet and electronic communication with
10their teachers at remote locations and with students
11participating at different times.
12    From April 1, 2013 through December 31, 2016, there is a
13moratorium on the establishment of charter schools with
14virtual-schooling components in school districts other than a
15school district organized under Article 34 of this Code. This
16moratorium does not apply to a charter school with
17virtual-schooling components existing or approved prior to
18April 1, 2013 or to the renewal of the charter of a charter
19school with virtual-schooling components already approved
20prior to April 1, 2013.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter
24school shall be subject to the Freedom of Information Act and
25the Open Meetings Act. No later than January 1, 2021 (one year
26after the effective date of Public Act 101-291), a charter

 

 

HB3223 Engrossed- 58 -LRB102 10689 CMG 16018 b

1school's board of directors or other governing body must
2include at least one parent or guardian of a pupil currently
3enrolled in the charter school who may be selected through the
4charter school or a charter network election, appointment by
5the charter school's board of directors or other governing
6body, or by the charter school's Parent Teacher Organization
7or its equivalent.
8    (c-5) No later than January 1, 2021 (one year after the
9effective date of Public Act 101-291) or within the first year
10of his or her first term, every voting member of a charter
11school's board of directors or other governing body shall
12complete a minimum of 4 hours of professional development
13leadership training to ensure that each member has sufficient
14familiarity with the board's or governing body's role and
15responsibilities, including financial oversight and
16accountability of the school, evaluating the principal's and
17school's performance, adherence to the Freedom of Information
18Act and the Open Meetings Act, and compliance with education
19and labor law. In each subsequent year of his or her term, a
20voting member of a charter school's board of directors or
21other governing body shall complete a minimum of 2 hours of
22professional development training in these same areas. The
23training under this subsection may be provided or certified by
24a statewide charter school membership association or may be
25provided or certified by other qualified providers approved by
26the State Board of Education.

 

 

HB3223 Engrossed- 59 -LRB102 10689 CMG 16018 b

1    (d) For purposes of this subsection (d), "non-curricular
2health and safety requirement" means any health and safety
3requirement created by statute or rule to provide, maintain,
4preserve, or safeguard safe or healthful conditions for
5students and school personnel or to eliminate, reduce, or
6prevent threats to the health and safety of students and
7school personnel. "Non-curricular health and safety
8requirement" does not include any course of study or
9specialized instructional requirement for which the State
10Board has established goals and learning standards or which is
11designed primarily to impart knowledge and skills for students
12to master and apply as an outcome of their education.
13    A charter school shall comply with all non-curricular
14health and safety requirements applicable to public schools
15under the laws of the State of Illinois. On or before September
161, 2015, the State Board shall promulgate and post on its
17Internet website a list of non-curricular health and safety
18requirements that a charter school must meet. The list shall
19be updated annually no later than September 1. Any charter
20contract between a charter school and its authorizer must
21contain a provision that requires the charter school to follow
22the list of all non-curricular health and safety requirements
23promulgated by the State Board and any non-curricular health
24and safety requirements added by the State Board to such list
25during the term of the charter. Nothing in this subsection (d)
26precludes an authorizer from including non-curricular health

 

 

HB3223 Engrossed- 60 -LRB102 10689 CMG 16018 b

1and safety requirements in a charter school contract that are
2not contained in the list promulgated by the State Board,
3including non-curricular health and safety requirements of the
4authorizing local school board.
5    (e) Except as otherwise provided in the School Code, a
6charter school shall not charge tuition; provided that a
7charter school may charge reasonable fees for textbooks,
8instructional materials, and student activities.
9    (f) A charter school shall be responsible for the
10management and operation of its fiscal affairs including, but
11not limited to, the preparation of its budget. An audit of each
12charter school's finances shall be conducted annually by an
13outside, independent contractor retained by the charter
14school. To ensure financial accountability for the use of
15public funds, on or before December 1 of every year of
16operation, each charter school shall submit to its authorizer
17and the State Board a copy of its audit and a copy of the Form
18990 the charter school filed that year with the federal
19Internal Revenue Service. In addition, if deemed necessary for
20proper financial oversight of the charter school, an
21authorizer may require quarterly financial statements from
22each charter school.
23    (g) A charter school shall comply with all provisions of
24this Article, the Illinois Educational Labor Relations Act,
25all federal and State laws and rules applicable to public
26schools that pertain to special education and the instruction

 

 

HB3223 Engrossed- 61 -LRB102 10689 CMG 16018 b

1of English learners, and its charter. A charter school is
2exempt from all other State laws and regulations in this Code
3governing public schools and local school board policies;
4however, a charter school is not exempt from the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code
6    regarding criminal history records checks and checks of
7    the Statewide Sex Offender Database and Statewide Murderer
8    and Violent Offender Against Youth Database of applicants
9    for employment;
10        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
11    34-84a of this Code regarding discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (5.5) subsection (b) of Section 10-23.12 and
19    subsection (b) of Section 34-18.6 of this Code;
20        (6) the Illinois School Student Records Act;
21        (7) Section 10-17a of this Code regarding school
22    report cards;
23        (8) the P-20 Longitudinal Education Data System Act;
24        (9) Section 27-23.7 of this Code regarding bullying
25    prevention;
26        (10) Section 2-3.162 of this Code regarding student

 

 

HB3223 Engrossed- 62 -LRB102 10689 CMG 16018 b

1    discipline reporting;
2        (11) Sections 22-80 and 27-8.1 of this Code;
3        (12) Sections 10-20.60 and 34-18.53 of this Code;
4        (13) Sections 10-20.63 and 34-18.56 of this Code;
5        (14) Section 26-18 of this Code;
6        (15) Section 22-30 of this Code;
7        (16) Sections 24-12 and 34-85 of this Code;
8        (17) the Seizure Smart School Act; and
9        (18) Section 2-3.64a-10 of this Code; and .
10        (19) Article 26A of this Code.
11    The change made by Public Act 96-104 to this subsection
12(g) is declaratory of existing law.
13    (h) A charter school may negotiate and contract with a
14school district, the governing body of a State college or
15university or public community college, or any other public or
16for-profit or nonprofit private entity for: (i) the use of a
17school building and grounds or any other real property or
18facilities that the charter school desires to use or convert
19for use as a charter school site, (ii) the operation and
20maintenance thereof, and (iii) the provision of any service,
21activity, or undertaking that the charter school is required
22to perform in order to carry out the terms of its charter.
23However, a charter school that is established on or after
24April 16, 2003 (the effective date of Public Act 93-3) and that
25operates in a city having a population exceeding 500,000 may
26not contract with a for-profit entity to manage or operate the

 

 

HB3223 Engrossed- 63 -LRB102 10689 CMG 16018 b

1school during the period that commences on April 16, 2003 (the
2effective date of Public Act 93-3) and concludes at the end of
3the 2004-2005 school year. Except as provided in subsection
4(i) of this Section, a school district may charge a charter
5school reasonable rent for the use of the district's
6buildings, grounds, and facilities. Any services for which a
7charter school contracts with a school district shall be
8provided by the district at cost. Any services for which a
9charter school contracts with a local school board or with the
10governing body of a State college or university or public
11community college shall be provided by the public entity at
12cost.
13    (i) In no event shall a charter school that is established
14by converting an existing school or attendance center to
15charter school status be required to pay rent for space that is
16deemed available, as negotiated and provided in the charter
17agreement, in school district facilities. However, all other
18costs for the operation and maintenance of school district
19facilities that are used by the charter school shall be
20subject to negotiation between the charter school and the
21local school board and shall be set forth in the charter.
22    (j) A charter school may limit student enrollment by age
23or grade level.
24    (k) If the charter school is approved by the State Board or
25Commission, then the charter school is its own local education
26agency.

 

 

HB3223 Engrossed- 64 -LRB102 10689 CMG 16018 b

1(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
2100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
36-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
4eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
5101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
63-8-21.)
 
7    (105 ILCS 5/34-18.24)
8    Sec. 34-18.24. Transfer of students.
9    (a) The board shall establish and implement a policy
10governing the transfer of a student from one attendance center
11to another within the school district upon the request of the
12student's parent or guardian. A student may not transfer to
13any of the following attendance centers, except by change in
14residence if the policy authorizes enrollment based on
15residence in an attendance area or unless approved by the
16board on an individual basis:
17        (1) An attendance center that exceeds or as a result
18    of the transfer would exceed its attendance capacity.
19        (2) An attendance center for which the board has
20    established academic criteria for enrollment if the
21    student does not meet the criteria.
22        (3) Any attendance center if the transfer would
23    prevent the school district from meeting its obligations
24    under a State or federal law, court order, or consent
25    decree applicable to the school district.

 

 

HB3223 Engrossed- 65 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Engrossed- 66 -LRB102 10689 CMG 16018 b

1school immediately and as needed if the student's continued
2attendance at a particular attendance center, school facility,
3or school location poses a risk to the student's mental or
4physical well-being or safety. A student who transfers to
5another school under this subsection (e) due to domestic or
6sexual violence must have full and immediate access to
7extracurricular activities and any programs or activities
8offered by or under the auspices of the school to which the
9student has transferred. The school district may not require a
10student who is a victim of domestic or sexual violence to
11transfer to another school. No adverse or prejudicial effects
12may result to any student who is a victim of domestic or sexual
13violence because of the student availing himself or herself of
14or declining the provisions of this subsection (e). The school
15district may require a student to verify his or her claim of
16domestic or sexual violence under Section 26A-45 before
17approving a transfer to another school under this subsection
18(e).
19(Source: P.A. 100-1046, eff. 8-23-18.)
 
20    Section 10. The Illinois School Student Records Act is
21amended by changing Section 2 as follows:
 
22    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
23    Sec. 2. As used in this Act: ,
24    (a) "Student" means any person enrolled or previously

 

 

HB3223 Engrossed- 67 -LRB102 10689 CMG 16018 b

1enrolled in a school.
2    (b) "School" means any public preschool, day care center,
3kindergarten, nursery, elementary or secondary educational
4institution, vocational school, special educational facility
5or any other elementary or secondary educational agency or
6institution and any person, agency or institution which
7maintains school student records from more than one school,
8but does not include a private or non-public school.
9    (c) "State Board" means the State Board of Education.
10    (d) "School Student Record" means any writing or other
11recorded information concerning a student and by which a
12student may be individually identified, maintained by a school
13or at its direction or by an employee of a school, regardless
14of how or where the information is stored. The following shall
15not be deemed school student records under this Act: writings
16or other recorded information maintained by an employee of a
17school or other person at the direction of a school for his or
18her exclusive use; provided that all such writings and other
19recorded information are destroyed not later than the
20student's graduation or permanent withdrawal from the school;
21and provided further that no such records or recorded
22information may be released or disclosed to any person except
23a person designated by the school as a substitute unless they
24are first incorporated in a school student record and made
25subject to all of the provisions of this Act. School student
26records shall not include information maintained by law

 

 

HB3223 Engrossed- 68 -LRB102 10689 CMG 16018 b

1enforcement professionals working in the school.
2    (e) "Student Permanent Record" means the minimum personal
3information necessary to a school in the education of the
4student and contained in a school student record. Such
5information may include the student's name, birth date,
6address, grades and grade level, parents' names and addresses,
7attendance records, and such other entries as the State Board
8may require or authorize.
9    (f) "Student Temporary Record" means all information
10contained in a school student record but not contained in the
11student permanent record. Such information may include family
12background information, intelligence test scores, aptitude
13test scores, psychological and personality test results,
14teacher evaluations, and other information of clear relevance
15to the education of the student, all subject to regulations of
16the State Board. The information shall include all of the
17following:
18        (1) Information information provided under Section 8.6
19    of the Abused and Neglected Child Reporting Act and
20    information contained in service logs maintained by a
21    local education agency under subsection (d) of Section
22    14-8.02f of the School Code.
23        (2) Information In addition, the student temporary
24    record shall include information regarding serious
25    disciplinary infractions that resulted in expulsion,
26    suspension, or the imposition of punishment or sanction.

 

 

HB3223 Engrossed- 69 -LRB102 10689 CMG 16018 b

1    For purposes of this provision, serious disciplinary
2    infractions means: infractions involving drugs, weapons,
3    or bodily harm to another.
4        (3) Information concerning a student's status and
5    related experiences as a parent, expectant parent, or
6    victim of domestic or sexual violence, as defined in
7    Article 26A of the School Code, including a statement of
8    the student or any other documentation, record, or
9    corroborating evidence and the fact that the student has
10    requested or obtained assistance, accommodations, or
11    services related to that status. Enforcement of this
12    paragraph (3) shall follow the procedures provided in
13    Section 26A-40 of the School Code.
14    (g) "Parent" means a person who is the natural parent of
15the student or other person who has the primary responsibility
16for the care and upbringing of the student. All rights and
17privileges accorded to a parent under this Act shall become
18exclusively those of the student upon his 18th birthday,
19graduation from secondary school, marriage or entry into
20military service, whichever occurs first. Such rights and
21privileges may also be exercised by the student at any time
22with respect to the student's permanent school record.
23(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
24    Section 90. The State Mandates Act is amended by adding
25Section 8.45 as follows:
 

 

 

HB3223 Engrossed- 70 -LRB102 10689 CMG 16018 b

1    (30 ILCS 805/8.45 new)
2    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
38 of this Act, no reimbursement by the State is required for
4the implementation of any mandate created by this amendatory
5Act of the 102nd General Assembly.
 
6    Section 99. Effective date. This Act takes effect July 1,
72022.