Full Text of HB3223 102nd General Assembly
HB3223ham001 102ND GENERAL ASSEMBLY | Rep. Anna Moeller Filed: 4/12/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3223
| 2 | | AMENDMENT NO. ______. Amend House Bill 3223 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and | 6 | | 34-18.24 and by adding Article 26A as follows:
| 7 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 8 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 9 | | searches.
| 10 | | (a) To expel pupils guilty of gross disobedience or | 11 | | misconduct, including gross disobedience or misconduct | 12 | | perpetuated by electronic means, pursuant to subsection (b-20) | 13 | | of this Section, and
no action shall lie against them for such | 14 | | expulsion. Expulsion shall
take place only after the parents | 15 | | or guardians have been requested to appear at a
meeting of the | 16 | | board, or with a hearing officer appointed by it, to
discuss |
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| 1 | | their child's behavior. Such request shall be made by | 2 | | registered
or certified mail and shall state the time, place | 3 | | and purpose of the
meeting. The board, or a hearing officer | 4 | | appointed by it, at such
meeting shall state the reasons for | 5 | | dismissal and the date on which the
expulsion is to become | 6 | | effective. If a hearing officer is appointed by
the board, he | 7 | | shall report to the board a written summary of the evidence
| 8 | | heard at the meeting and the board may take such action thereon | 9 | | as it
finds appropriate. If the board acts to expel a pupil, | 10 | | the written expulsion decision shall detail the specific | 11 | | reasons why removing the pupil from the learning environment | 12 | | is in the best interest of the school. The expulsion decision | 13 | | shall also include a rationale as to the specific duration of | 14 | | the expulsion. An expelled pupil may be immediately | 15 | | transferred to an alternative program in the manner provided | 16 | | in Article 13A or 13B of this Code. A pupil must not be denied | 17 | | transfer because of the expulsion, except in cases in which | 18 | | such transfer is deemed to cause a threat to the safety of | 19 | | students or staff in the alternative program.
| 20 | | (b) To suspend or by policy to authorize the | 21 | | superintendent of
the district or the principal, assistant | 22 | | principal, or dean of students
of any school to suspend pupils | 23 | | guilty of gross disobedience or misconduct, or
to suspend | 24 | | pupils guilty of gross disobedience or misconduct on the | 25 | | school bus
from riding the school bus, pursuant to subsections | 26 | | (b-15) and (b-20) of this Section, and no action
shall lie |
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| 1 | | against them for such suspension. The board may by policy
| 2 | | authorize the superintendent of the district or the principal, | 3 | | assistant
principal, or dean of students of any
school to | 4 | | suspend pupils guilty of such acts for a period not to exceed
| 5 | | 10 school days. If a pupil is suspended due to gross | 6 | | disobedience or misconduct
on a school bus, the board may | 7 | | suspend the pupil in excess of 10
school
days for safety | 8 | | reasons. | 9 | | Any suspension shall be reported immediately to the
| 10 | | parents or guardians guardian of a pupil along with a full | 11 | | statement of the
reasons for such suspension and a notice of | 12 | | their right to a review. The school board must be given a | 13 | | summary of the notice, including the reason for the suspension | 14 | | and the suspension length. Upon request of the
parents or | 15 | | guardians guardian , the school board or a hearing officer | 16 | | appointed by
it shall review such action of the superintendent | 17 | | or principal, assistant
principal, or dean of students. At | 18 | | such
review, the parents or guardians guardian of the pupil | 19 | | may appear and discuss the
suspension with the board or its | 20 | | hearing officer. If a hearing officer
is appointed by the | 21 | | board, he shall report to the board a written summary
of the | 22 | | evidence heard at the meeting. After its hearing or upon | 23 | | receipt
of the written report of its hearing officer, the | 24 | | board may take such
action as it finds appropriate. If a | 25 | | student is suspended pursuant to this subsection (b), the | 26 | | board shall, in the written suspension decision, detail the |
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| 1 | | specific act of gross disobedience or misconduct resulting in | 2 | | the decision to suspend. The suspension decision shall also | 3 | | include a rationale as to the specific duration of the | 4 | | suspension. A pupil who is suspended in excess of 20 school | 5 | | days may be immediately transferred to an alternative program | 6 | | in the manner provided in Article 13A or 13B of this Code. A | 7 | | pupil must not be denied transfer because of the suspension, | 8 | | except in cases in which such transfer is deemed to cause a | 9 | | threat to the safety of students or staff in the alternative | 10 | | program.
| 11 | | (b-5) Among the many possible disciplinary interventions | 12 | | and consequences available to school officials, school | 13 | | exclusions, such as out-of-school suspensions and expulsions, | 14 | | are the most serious. School officials shall limit the number | 15 | | and duration of expulsions and suspensions to the greatest | 16 | | extent practicable, and it is recommended that they use them | 17 | | only for legitimate educational purposes. To ensure that | 18 | | students are not excluded from school unnecessarily, it is | 19 | | recommended that school officials consider forms of | 20 | | non-exclusionary discipline prior to using out-of-school | 21 | | suspensions or expulsions. | 22 | | (b-10) Unless otherwise required by federal law or this | 23 | | Code, school boards may not institute zero-tolerance policies | 24 | | by which school administrators are required to suspend or | 25 | | expel students for particular behaviors. | 26 | | (b-15) Out-of-school suspensions of 3 days or less may be |
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| 1 | | used only if the student's continuing presence in school would | 2 | | pose a threat to school safety or a disruption to other | 3 | | students' learning opportunities. For purposes of this | 4 | | subsection (b-15), "threat to school safety or a disruption to | 5 | | other students' learning opportunities" shall be determined on | 6 | | a case-by-case basis by the school board or its designee. | 7 | | School officials shall make all reasonable efforts to resolve | 8 | | such threats, address such disruptions, and minimize the | 9 | | length of suspensions to the greatest extent practicable. | 10 | | (b-20) Unless otherwise required by this Code, | 11 | | out-of-school suspensions of longer than 3 days, expulsions, | 12 | | and disciplinary removals to alternative schools may be used | 13 | | only if other appropriate and available behavioral and | 14 | | disciplinary interventions have been exhausted and the | 15 | | student's continuing presence in school would either (i) pose | 16 | | a
threat to the safety of other students, staff, or members of
| 17 | | the school community or (ii) substantially disrupt, impede, or
| 18 | | interfere with the operation of the school. For purposes of | 19 | | this subsection (b-20), "threat to the safety of other | 20 | | students, staff, or members of the school community" and | 21 | | "substantially disrupt, impede, or interfere with the | 22 | | operation of the school" shall be determined on a case-by-case | 23 | | basis by school officials. For purposes of this subsection | 24 | | (b-20), the determination of whether "appropriate and | 25 | | available behavioral and disciplinary interventions have been | 26 | | exhausted" shall be made by school officials. School officials |
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| 1 | | shall make all reasonable efforts to resolve such threats, | 2 | | address such disruptions, and minimize the length of student | 3 | | exclusions to the greatest extent practicable. Within the | 4 | | suspension decision described in subsection (b) of this | 5 | | Section or the expulsion decision described in subsection (a) | 6 | | of this Section, it shall be documented whether other | 7 | | interventions were attempted or whether it was determined that | 8 | | there were no other appropriate and available interventions. | 9 | | (b-25) Students who are suspended out-of-school for longer | 10 | | than 4 school days shall be provided appropriate and available | 11 | | support services during the period of their suspension. For | 12 | | purposes of this subsection (b-25), "appropriate and available | 13 | | support services" shall be determined by school authorities. | 14 | | Within the suspension decision described in subsection (b) of | 15 | | this Section, it shall be documented whether such services are | 16 | | to be provided or whether it was determined that there are no | 17 | | such appropriate and available services. | 18 | | A school district may refer students who are expelled to | 19 | | appropriate and available support services. | 20 | | A school district shall create a policy to facilitate the | 21 | | re-engagement of students who are suspended out-of-school, | 22 | | expelled, or returning from an alternative school setting. | 23 | | (b-30) A school district shall create a policy by which | 24 | | suspended pupils, including those pupils suspended from the | 25 | | school bus who do not have alternate transportation to school, | 26 | | shall have the opportunity to make up work for equivalent |
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| 1 | | academic credit. It shall be the responsibility of a pupil's | 2 | | parents or guardians parent or guardian to notify school | 3 | | officials that a pupil suspended from the school bus does not | 4 | | have alternate transportation to school. | 5 | | (b-35) In all suspension review hearings conducted | 6 | | pursuant to subsection (b) or expulsion hearings conducted | 7 | | pursuant to subsection (a), a student may disclose any factor | 8 | | to be considered in mitigation, including his or her status as | 9 | | a parent, expectant parent, or victim of domestic or sexual | 10 | | violence, as defined in Article 26A. A representative of the | 11 | | parent's or guardian's choice must be permitted to represent | 12 | | the student throughout the proceedings and to address the | 13 | | school board or its appointed hearing officer. With the | 14 | | approval of the student's parent or guardian, a support person | 15 | | must be permitted to accompany the student to any disciplinary | 16 | | hearings or proceedings. A suspension or expulsion proceeding | 17 | | under this subsection (b-35) must be conducted independently | 18 | | from any ongoing criminal investigation or proceeding, and an | 19 | | absence of pending or possible criminal charges, criminal | 20 | | investigations, or proceedings may not be a factor in school | 21 | | disciplinary decisions. | 22 | | (b-40) During a suspension review hearing conducted | 23 | | pursuant to subsection (b) or an expulsion hearing conducted | 24 | | pursuant to subsection (a) that involves allegations of sexual | 25 | | violence by the student who is subject to discipline, neither | 26 | | the student nor his or her representative shall directly |
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| 1 | | question nor have direct contact with the alleged victim. The | 2 | | student who is subject to discipline or his or her | 3 | | representative may, at the discretion and direction of the | 4 | | school board or its appointed hearing officer, suggest | 5 | | questions to be posed by the school board or its appointed | 6 | | hearing officer to the alleged victim. | 7 | | (c) The Department of Human Services
shall be invited to | 8 | | send a representative to consult with the board at
such | 9 | | meeting whenever there is evidence that mental illness may be | 10 | | the
cause for expulsion or suspension.
| 11 | | (c-5) School districts shall make reasonable efforts to | 12 | | provide ongoing professional development to teachers, | 13 | | administrators, school board members, school resource | 14 | | officers, and staff on the adverse consequences of school | 15 | | exclusion and justice-system involvement, effective classroom | 16 | | management strategies, culturally responsive discipline, the | 17 | | appropriate and available supportive services for the | 18 | | promotion of student attendance and engagement, and | 19 | | developmentally appropriate disciplinary methods that promote | 20 | | positive and healthy school climates. | 21 | | (d) The board may expel a student for a definite period of | 22 | | time not to
exceed 2 calendar years, as determined on a | 23 | | case-by-case basis.
A student who
is determined to have | 24 | | brought one of the following objects to school, any | 25 | | school-sponsored activity
or event, or any activity or event | 26 | | that bears a reasonable relationship to school shall be |
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| 1 | | expelled for a period of not less than
one year: | 2 | | (1) A firearm. For the purposes of this Section, | 3 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 4 | | by Section 921 of Title 18 of the United States Code, | 5 | | firearm as defined in Section 1.1 of the Firearm Owners | 6 | | Identification Card Act, or firearm as defined in Section | 7 | | 24-1 of the Criminal Code of 2012. The expulsion period | 8 | | under this subdivision (1) may be modified by the | 9 | | superintendent, and the superintendent's determination may | 10 | | be modified by the board on a case-by-case basis. | 11 | | (2) A knife, brass knuckles or other knuckle weapon | 12 | | regardless of its composition, a billy club, or any other | 13 | | object if used or attempted to be used to cause bodily | 14 | | harm, including "look alikes" of any firearm as defined in | 15 | | subdivision (1) of this subsection (d). The expulsion | 16 | | requirement under this subdivision (2) may be modified by | 17 | | the superintendent, and the superintendent's determination | 18 | | may be modified by the board on a case-by-case basis. | 19 | | Expulsion
or suspension
shall be construed in a
manner | 20 | | consistent with the federal Individuals with Disabilities | 21 | | Education
Act. A student who is subject to suspension or | 22 | | expulsion as provided in this
Section may be eligible for a | 23 | | transfer to an alternative school program in
accordance with | 24 | | Article 13A of the School Code.
| 25 | | (d-5) The board may suspend or by regulation
authorize the | 26 | | superintendent of the district or the principal, assistant
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| 1 | | principal, or dean of students of any
school to suspend a | 2 | | student for a period not to exceed
10 school days or may expel | 3 | | a student for a definite period of time not to
exceed 2 | 4 | | calendar years, as determined on a case-by-case basis, if (i) | 5 | | that student has been determined to have made an explicit | 6 | | threat on an Internet website against a school employee, a | 7 | | student, or any school-related personnel, (ii) the Internet | 8 | | website through which the threat was made is a site that was | 9 | | accessible within the school at the time the threat was made or | 10 | | was available to third parties who worked or studied within | 11 | | the school grounds at the time the threat was made, and (iii) | 12 | | the threat could be reasonably interpreted as threatening to | 13 | | the safety and security of the threatened individual because | 14 | | of his or her duties or employment status or status as a | 15 | | student inside the school.
| 16 | | (e) To maintain order and security in the schools, school | 17 | | authorities may
inspect and search places and areas such as | 18 | | lockers, desks, parking lots, and
other school property and | 19 | | equipment owned or controlled by the school, as well
as | 20 | | personal effects left in those places and areas by students, | 21 | | without notice
to or the consent of the student, and without a | 22 | | search warrant. As a matter of
public policy, the General | 23 | | Assembly finds that students have no reasonable
expectation of | 24 | | privacy in these places and areas or in their personal effects
| 25 | | left in these places and areas. School authorities may request | 26 | | the assistance
of law enforcement officials for the purpose of |
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| 1 | | conducting inspections and
searches of lockers, desks, parking | 2 | | lots, and other school property and
equipment owned or | 3 | | controlled by the school for illegal drugs, weapons, or
other
| 4 | | illegal or dangerous substances or materials, including | 5 | | searches conducted
through the use of specially trained dogs. | 6 | | If a search conducted in accordance
with this Section produces | 7 | | evidence that the student has violated or is
violating either | 8 | | the law, local ordinance, or the school's policies or rules,
| 9 | | such evidence may be seized by school authorities, and | 10 | | disciplinary action may
be taken. School authorities may also | 11 | | turn over such evidence to law
enforcement authorities.
| 12 | | (f) Suspension or expulsion may include suspension or | 13 | | expulsion from
school and all school activities and a | 14 | | prohibition from being present on school
grounds.
| 15 | | (g) A school district may adopt a policy providing that if | 16 | | a student
is suspended or expelled for any reason from any | 17 | | public or private school
in this or any other state, the | 18 | | student must complete the entire term of
the suspension or | 19 | | expulsion in an alternative school program under Article 13A | 20 | | of this Code or an alternative learning opportunities program | 21 | | under Article 13B of this Code before being admitted into the | 22 | | school
district if there is no threat to the safety of students | 23 | | or staff in the alternative program. A school district that | 24 | | adopts a policy under this subsection (g) must include a | 25 | | provision allowing for consideration of any mitigating | 26 | | factors, including, but not limited to, a student's status as |
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| 1 | | a parent, expectant parent, or victim of domestic or sexual | 2 | | violence, as defined in Article 26A.
| 3 | | (h) School officials shall not advise or encourage | 4 | | students to drop out voluntarily due to behavioral or academic | 5 | | difficulties. | 6 | | (i) A student may not be issued a monetary fine or fee as a | 7 | | disciplinary consequence, though this shall not preclude | 8 | | requiring a student to provide restitution for lost, stolen, | 9 | | or damaged property. | 10 | | (j) Subsections (a) through (i) of this Section shall | 11 | | apply to elementary and secondary schools, charter schools, | 12 | | special charter districts, and school districts organized | 13 | | under Article 34 of this Code. | 14 | | (k) The expulsion of children enrolled in programs funded | 15 | | under Section 1C-2 of this Code is subject to the requirements | 16 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 17 | | this Code. | 18 | | (l) Beginning with the 2018-2019 school year, an in-school | 19 | | suspension program provided by a school district for any | 20 | | students in kindergarten through grade 12 may focus on | 21 | | promoting non-violent conflict resolution and positive | 22 | | interaction with other students and school personnel. A school | 23 | | district may employ a school social worker or a licensed | 24 | | mental health professional to oversee an in-school suspension | 25 | | program in kindergarten through grade 12. | 26 | | (Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19; |
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| 1 | | 100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff. | 2 | | 7-12-19.)
| 3 | | (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
| 4 | | Sec. 10-22.6a. Home instruction; correspondence courses. | 5 | | (a) To provide by home instruction, correspondence courses | 6 | | or
otherwise courses of instruction for a pupil who is pupils | 7 | | who are unable to attend school
because of pregnancy or | 8 | | pregnancy-related conditions, the fulfillment of parenting | 9 | | obligations related to the health of the child, or health and | 10 | | safety concerns arising from domestic or sexual violence, as | 11 | | defined in Article 26A . Such instruction shall be provided to | 12 | | the pupil at each of the following times:
| 13 | | (1) Before before the birth of the child when the | 14 | | pupil's physician, physician assistant, or advanced | 15 | | practice nurse has
indicated to the district, in writing, | 16 | | that the pupil is medically unable
to attend regular | 17 | | classroom instruction . and | 18 | | (2) For for up to 3 months
following the birth of the | 19 | | child or a miscarriage . | 20 | | (3) When the pupil must care for his or her ill child | 21 | | if (i) the child's physician, physician assistant, or | 22 | | advanced practice registered nurse has indicated to the | 23 | | district, in writing, that the child has a serious health | 24 | | condition that would require the pupil to be absent from | 25 | | school for 2 or more consecutive weeks and (ii) the pupil |
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| 1 | | or the pupil's parent or guardian indicates to the | 2 | | district, in writing, that the pupil is needed to provide | 3 | | care to the child during this period. In this paragraph | 4 | | (3), "serious health condition" means an illness, injury, | 5 | | impairment, or physical or mental health condition that | 6 | | involves inpatient care in a hospital, hospice, or | 7 | | residential medical care facility or continuing treatment | 8 | | by a health care provider that is not controlled by | 9 | | medication alone. | 10 | | (4) When the pupil must treat physical or mental | 11 | | health complications or address safety concerns arising | 12 | | from domestic or sexual violence if the pupil's domestic | 13 | | or sexual violence organization, as defined in Article | 14 | | 26A, or health care provider has indicated to the | 15 | | district, in writing, that the care is needed by the pupil | 16 | | and will cause the pupil's absence from school for 2 or | 17 | | more consecutive weeks. | 18 | | A school district may reassess home instruction provided to a | 19 | | pupil under paragraph (3) or (4) every 2 months to determine | 20 | | the pupil's continuing need for instruction under this | 21 | | Section .
| 22 | | The instruction course shall be designed to offer | 23 | | educational experiences
that are equivalent to those given to | 24 | | pupils at the same grade level in
the district and that are | 25 | | designed to enable the pupil to return to the classroom.
| 26 | | (b) Notwithstanding any other provision of this Code or |
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| 1 | | State law to the contrary, if a pupil is unable to attend | 2 | | regular classes because of the reasons set forth in subsection | 3 | | (a) and has participated in instruction under this Section | 4 | | that is administered by the school or the school district, | 5 | | then the pupil may not be penalized for grading purposes or be | 6 | | denied course completion, a return to regular classroom | 7 | | instruction, grade level advancement, or graduation solely on | 8 | | the basis of the pupil's participation in instruction under | 9 | | this Section or the pupil's absence from the regular education | 10 | | program during the period of instruction under this Section. A | 11 | | school or school district may not use instruction under this | 12 | | Section to replace making reasonable accommodations so that | 13 | | pupils who are parents, expectant parents, or victims of | 14 | | domestic or sexual violence may receive regular classroom | 15 | | instruction. | 16 | | (Source: P.A. 100-443, eff. 8-25-17.)
| 17 | | (105 ILCS 5/13A-11)
| 18 | | Sec. 13A-11. Chicago public schools.
| 19 | | (a) The Chicago Board of Education may
establish | 20 | | alternative schools within Chicago and may contract with third
| 21 | | parties for services otherwise performed by employees, | 22 | | including those in a
bargaining unit, in accordance with | 23 | | Sections 34-8.1, 34-18, and 34-49.
| 24 | | (b) Alternative schools operated by third parties within | 25 | | Chicago shall be
exempt from all provisions of this Code, |
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| 1 | | except provisions concerning:
| 2 | | (1) student civil rights;
| 3 | | (2) staff civil rights;
| 4 | | (3) health and safety;
| 5 | | (4) performance and financial audits;
| 6 | | (5) the assessments required under Section 2-3.64a-5 | 7 | | of this Code;
| 8 | | (6) Chicago learning outcomes;
| 9 | | (7) Sections 2-3.25a through 2-3.25j of this Code;
| 10 | | (8) the Inspector General; and
| 11 | | (9) Section 34-2.4b of this Code ; and | 12 | | (10) Article 26A and any other provision of this Code | 13 | | concerning students who are parents, expectant parents, or | 14 | | victims of domestic or sexual violence, as defined in | 15 | | Article 26A .
| 16 | | (Source: P.A. 98-972, eff. 8-15-14.)
| 17 | | (105 ILCS 5/22-60) | 18 | | Sec. 22-60. Unfunded mandates prohibited. | 19 | | (a) No public school district or private school is | 20 | | obligated to comply with the following types of mandates | 21 | | unless a separate appropriation has been enacted into law | 22 | | providing full funding for the mandate for the school year | 23 | | during which the mandate is required: | 24 | | (1) Any mandate in this Code enacted after the | 25 | | effective date of this amendatory Act of the 96th General |
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| 1 | | Assembly. | 2 | | (2) Any regulatory mandate promulgated by the State | 3 | | Board of Education and adopted by rule after the effective | 4 | | date of this amendatory Act of the 96th General Assembly | 5 | | other than those promulgated with respect to this Section | 6 | | or statutes already enacted on or before the effective | 7 | | date of this amendatory Act of the 96th General Assembly. | 8 | | (b) If the amount appropriated to fund a mandate described | 9 | | in subsection (a) of this Section does not fully fund the | 10 | | mandated activity, then the school district or private school | 11 | | may choose to discontinue or modify the mandated activity to | 12 | | ensure that the costs of compliance do not exceed the funding | 13 | | received. | 14 | | Before discontinuing or modifying the mandate, the school | 15 | | district shall petition its regional superintendent of schools | 16 | | on or before February 15 of each year to request to be exempt | 17 | | from implementing the mandate in a school or schools in the | 18 | | next school year. The petition shall include all legitimate | 19 | | costs associated with implementing and operating the mandate, | 20 | | the estimated reimbursement from State and federal sources, | 21 | | and any unique circumstances the school district can verify | 22 | | that exist that would cause the implementation and operation | 23 | | of such a mandate to be cost prohibitive. | 24 | | The regional superintendent of schools shall review the | 25 | | petition. In accordance with the Open Meetings Act, he or she | 26 | | shall convene a public hearing to hear testimony from the |
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| 1 | | school district and interested community members. The regional | 2 | | superintendent shall, on or before March 15 of each year, | 3 | | inform the school district of his or her decision, along with | 4 | | the reasons why the exemption was granted or denied, in | 5 | | writing. The regional superintendent must also send | 6 | | notification to the State Board of Education detailing which | 7 | | school districts requested an exemption and the results. | 8 | | If the regional superintendent grants an exemption to the | 9 | | school district, then the school district is relieved from the | 10 | | requirement to establish and implement the mandate in the | 11 | | school or schools granted an exemption for the next school | 12 | | year.
If the regional superintendent of schools does not grant | 13 | | an exemption, then the school district shall implement the | 14 | | mandate in accordance with the applicable law or rule by the | 15 | | first student attendance day of the next school year. However, | 16 | | the school district or a resident of the school district may on | 17 | | or before April 15 appeal the decision of the regional | 18 | | superintendent to the State Superintendent of Education. The | 19 | | State Superintendent shall hear appeals on the decisions of | 20 | | regional superintendents of schools no later than May 15 of | 21 | | each year. The State Superintendent shall make a final | 22 | | decision at the conclusion of the hearing on the school | 23 | | district's request for an exemption from the mandate. If the | 24 | | State Superintendent grants an exemption, then the school | 25 | | district is relieved from the requirement to implement a | 26 | | mandate in the school or schools granted an exemption for the |
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| 1 | | next school year. If the State Superintendent does not grant | 2 | | an exemption, then the school district shall implement the | 3 | | mandate in accordance with the applicable law or rule by the | 4 | | first student attendance day of the next school year. | 5 | | If a school district or private school discontinues or | 6 | | modifies a mandated activity due to lack of full funding from | 7 | | the State, then the school district or private school shall | 8 | | annually maintain and update a list of discontinued or | 9 | | modified mandated activities. The list shall be provided to | 10 | | the State Board of Education upon request. | 11 | | (c) This Section does not apply to (i) any new statutory or | 12 | | regulatory mandates related to revised learning standards | 13 | | developed through the Common Core State Standards Initiative | 14 | | and assessments developed to align with those standards or | 15 | | actions specified in this State's Phase 2 Race to the Top Grant | 16 | | application if the application is approved by the United | 17 | | States Department of Education , or (ii) new statutory or | 18 | | regulatory mandates from the Race to the Top Grant through the | 19 | | federal American Recovery and Reinvestment Act of 2009 imposed | 20 | | on school districts designated as being in the lowest | 21 | | performing 5% of schools within the Race to the Top Grant | 22 | | application , or (iii) any changes made to this Code by this | 23 | | amendatory Act of the 102nd General Assembly . | 24 | | (d) In any instances in which this Section conflicts with | 25 | | the State Mandates Act, the State Mandates Act shall prevail.
| 26 | | (Source: P.A. 96-1441, eff. 8-20-10.) |
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| 1 | | (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a) | 2 | | Sec. 26-2a. A "truant" is defined as a child who is subject | 3 | | to compulsory school
attendance and who is absent without | 4 | | valid cause, as defined under this Section, from such | 5 | | attendance for more than 1% but less than 5% of the past 180 | 6 | | school days. | 7 | | "Valid cause" for absence shall be illness, attendance at | 8 | | a verified medical or therapeutic appointment, appointment | 9 | | with a victim services provider, observance of a religious
| 10 | | holiday, death in the immediate family,
or family emergency , | 11 | | and shall include such other situations beyond the control
of | 12 | | the student as determined by the board of education in each | 13 | | district ,
or such other circumstances which cause reasonable | 14 | | concern to the parent
for the mental, emotional, or physical | 15 | | health or safety of the student. For purposes of a student who | 16 | | is an expectant parent, parent, or victim or domestic or | 17 | | sexual violence, "valid cause" for absence shall include (i) | 18 | | the fulfillment of a parenting responsibility, including, but | 19 | | not limited to, arranging and providing child care, caring for | 20 | | a sick child, attending prenatal or other medical appointments | 21 | | for the expectant student, and attending medical appointments | 22 | | for a child, and
(ii) addressing circumstances resulting from | 23 | | domestic or sexual violence, including, but not limited to, | 24 | | experiencing domestic or sexual violence, recovering from | 25 | | physical or psychological injuries, seeking medical attention, |
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| 1 | | seeking services from a domestic or sexual violence | 2 | | organization, as defined in Article 26A, seeking psychological | 3 | | or other counseling, participating in safety planning, | 4 | | temporarily or permanently relocating, seeking legal | 5 | | assistance or remedies, or taking any other action to increase | 6 | | the safety or health of the student or to protect the student | 7 | | from future domestic or sexual violence. A school district may | 8 | | require a student to verify his or her claim of domestic or | 9 | | sexual violence under Section 26A-45 prior to the district | 10 | | approving a valid cause for an absence of 3 or more consecutive | 11 | | days that is related to domestic or sexual violence. | 12 | | "Chronic or habitual truant" shall be defined as a child | 13 | | who is subject to compulsory
school attendance and who is | 14 | | absent without valid cause from such attendance
for 5% or more | 15 | | of the previous 180 regular attendance days. | 16 | | "Truant minor" is defined as a chronic truant to whom | 17 | | supportive
services, including prevention, diagnostic, | 18 | | intervention and remedial
services, alternative programs and | 19 | | other school and community resources
have been provided and | 20 | | have failed to result in the cessation of chronic
truancy, or | 21 | | have been offered and refused. | 22 | | A "dropout" is defined as any child enrolled in grades 9 | 23 | | through 12 whose
name has been removed from the district | 24 | | enrollment roster for any reason
other than the student's | 25 | | death, extended illness, removal for medical non-compliance, | 26 | | expulsion, aging out, graduation, or completion of a
program |
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| 1 | | of studies and who has not transferred to another public or | 2 | | private school and is not known to be home-schooled by his or | 3 | | her parents or guardians or continuing school in another | 4 | | country. | 5 | | "Religion" for the purposes of this Article, includes all | 6 | | aspects of
religious observance and practice, as well as | 7 | | belief. | 8 | | (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; | 9 | | 101-81, eff. 7-12-19.) | 10 | | (105 ILCS 5/Art. 26A heading new) | 11 | | ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS, | 12 | | EXPECTANT PARENTS, OR VICTIMS OF | 13 | | DOMESTIC OR SEXUAL VIOLENCE | 14 | | (105 ILCS 5/26A-1 new) | 15 | | Sec. 26A-1. Scope of Article. This Article applies to all | 16 | | school districts and schools governed by this Code, including | 17 | | schools operating under Article 13, 13A, 13B, 27A, 32, 33, or | 18 | | 34. However, this Article does not apply to the Department of | 19 | | Juvenile Justice School District. | 20 | | (105 ILCS 5/26A-5 new) | 21 | | Sec. 26A-5. Purpose. The purpose of this Article is to | 22 | | ensure that Illinois schools have policies, procedures, and | 23 | | protocols in place that ensure children and students who are |
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| 1 | | parents, expectant parents, or victims of domestic or sexual | 2 | | violence are identified by schools in a manner respectful of | 3 | | their privacy and safety, treated with dignity and regard, and | 4 | | provided the protection, instruction, and related | 5 | | accommodations and services necessary to enable them to meet | 6 | | State educational standards and successfully attain a school | 7 | | diploma. This Article shall be interpreted liberally to aid in | 8 | | this purpose. Nothing in this Article precludes or may be used | 9 | | to preclude a mandated reporter from reporting child abuse or | 10 | | child neglect as required under the Abused and Neglected Child | 11 | | Reporting Act. | 12 | | (105 ILCS 5/26A-10 new) | 13 | | Sec. 26A-10. Definitions. In this Article: | 14 | | "Confidential" means information or facts expected and | 15 | | intended to be kept private or protected by an existing | 16 | | privilege in the Code of Civil Procedure. Confidential | 17 | | information may be disclosed by a school or school district if | 18 | | such disclosure is required by State or federal law or is | 19 | | necessary to complete proceedings relevant to this Article. | 20 | | Designation of student information as confidential applies to | 21 | | the school and school district and does not limit a student's | 22 | | right to speak about the student's experiences. | 23 | | "Consent" includes, at a minimum, a recognition that (i) | 24 | | consent is a freely given agreement to sexual activity, (ii) | 25 | | an individual's lack of verbal or physical resistance or |
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| 1 | | submission resulting from the use of threat of force does not | 2 | | constitute consent, (iii) an individual's manner of dress does | 3 | | not constitute consent, (iv) an individual's consent to past | 4 | | sexual activity does not constitute consent to future sexual | 5 | | activity, (v) an individual's consent to engage in one type of | 6 | | sexual activity with one person does not constitute consent to | 7 | | engage in any other type of sexual activity or sexual activity | 8 | | with another person, (vi) an individual can withdraw consent | 9 | | at any time, and (vii) an individual cannot consent to sexual | 10 | | activity if that individual is unable to understand the nature | 11 | | of the activity or give knowing consent due to the | 12 | | circumstances that include, but are not limited to, all the | 13 | | following: | 14 | | (1) The individual is incapacitated due to the use or | 15 | | influence of alcohol or drugs. | 16 | | (2) The individual is asleep or unconscious. | 17 | | (3) The individual is under the age of consent. | 18 | | (4) The individual is incapacitated due to a mental | 19 | | disability. | 20 | | "Domestic or sexual violence" means domestic violence, | 21 | | gender-based harassment, sexual activity without consent, | 22 | | sexual assault, sexual violence, or stalking. Domestic or | 23 | | sexual violence may occur through electronic communication. | 24 | | Domestic or sexual violence exists regardless of when or where | 25 | | the violence occurred, whether or not the violence is the | 26 | | subject of a criminal investigation or the perpetrator has |
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| 1 | | been criminally charged or convicted of a crime, whether or | 2 | | not an order of protection or a no-contact order is pending | 3 | | before or has been issued by a court, or whether or not any | 4 | | domestic or sexual violence took place on school grounds, | 5 | | during regular school hours, or during a school-sponsored | 6 | | event. | 7 | | "Domestic or sexual violence organization" means a | 8 | | nonprofit, nongovernmental organization that provides | 9 | | assistance to victims of domestic or sexual violence or | 10 | | advocates for those victims, including an organization | 11 | | carrying out a domestic or sexual violence program, an | 12 | | organization operating a shelter or a rape crisis center or | 13 | | providing counseling services, an accredited children's | 14 | | advocacy center, an organization that provides services to or | 15 | | advocates on behalf of children and students who are gay, | 16 | | lesbian, bi-sexual, transgender, or gender nonconforming, an | 17 | | organization that provides services to or advocates on behalf | 18 | | of children and students who are parents or expectant parents, | 19 | | or an organization seeking to eliminate domestic or sexual | 20 | | violence or to address the consequences of that violence for | 21 | | its victims through legislative advocacy or policy change, | 22 | | public education, or service collaboration. | 23 | | "Domestic violence" means abuse, as defined in the | 24 | | Illinois Domestic Violence Act of 1986, by family or household | 25 | | members, as defined in the Illinois Domestic Violence Act of | 26 | | 1986. |
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| 1 | | "Electronic communication" includes communications via | 2 | | telephone, mobile phone, computer, email, video recorder, fax | 3 | | machine, telex, pager, apps or applications, or any other | 4 | | electronic communication or cyberstalking under Section 12-7.5 | 5 | | of the Criminal Code of 2012. | 6 | | "Expectant parent" means a student who (i) is pregnant and | 7 | | (ii) has not yet received a diploma for completion of a | 8 | | secondary education, as defined in Section 22-22. | 9 | | "Gender-based harassment" means any harassment or | 10 | | discrimination on the basis of an individual's actual or | 11 | | perceived sex or gender, including unwelcome sexual advances, | 12 | | requests for sexual favors, other verbal or physical conduct | 13 | | of a sexual nature, or unwelcome conduct, including verbal, | 14 | | nonverbal, or physical conduct that is not sexual in nature | 15 | | but is related to a student's status as a parent, expectant | 16 | | parent, or victim of domestic or sexual violence. | 17 | | "Harassment" means any unwelcome conduct on the basis of a | 18 | | student's actual or perceived race, gender, color, religion, | 19 | | national origin, ancestry, sex, marital status, order of | 20 | | protection status, disability, sexual orientation, gender | 21 | | identity, pregnancy, or citizenship status that has the | 22 | | purpose or effect of substantially interfering with the | 23 | | individual's academic performance or creating an intimidating, | 24 | | hostile, or offensive learning environment. | 25 | | "Perpetrator" means an individual who commits or is | 26 | | alleged to have committed any act of domestic or sexual |
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| 1 | | violence. The term "perpetrator" must be used with caution | 2 | | when applied to children, particularly young children. | 3 | | "Poor academic performance" means a student who has (i) | 4 | | scored in the 50th percentile or below on a school | 5 | | district-administered standardized test, (ii) received a score | 6 | | on a State assessment that does not meet standards in one or | 7 | | more of the fundamental learning areas under Section 27-1, as | 8 | | applicable for the student's grade level, or (iii) not met | 9 | | grade-level expectations on a school district-designated | 10 | | assessment. | 11 | | "Representative" means an adult who is authorized to act | 12 | | on behalf of a student during a proceeding, including an | 13 | | attorney, parent, or guardian. | 14 | | "School" means a school district or school governed by | 15 | | this Code, including a school operating under Article 13, 13A, | 16 | | 13B, 27A, 32, 33, or 34, other than the Department of Juvenile | 17 | | Justice School District. "School" includes any other entity | 18 | | responsible for administering public schools, such as | 19 | | cooperatives, joint agreements, charter schools, special | 20 | | charter districts, regional offices of education, local | 21 | | agencies, or the Department of Human Services, and non-public | 22 | | schools recognized by the State Board of Education. | 23 | | "Sexual activity" means any knowingly touching or fondling | 24 | | by one person, either directly or through clothing, of the sex | 25 | | organs, anus, mouth, or breast of another person for the | 26 | | purpose of sexual gratification or arousal. |
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| 1 | | "Sexual assault" or "sexual violence" means any conduct of | 2 | | an adult or minor child proscribed in Article 11 of the | 3 | | Criminal Code of 2012, except for Sections 11-35, 11-40, and | 4 | | 11-45 of the Criminal Code of 2012, including conduct | 5 | | committed by a perpetrator who is a stranger to the victim and | 6 | | conduct by a perpetrator who is known or related by blood or | 7 | | marriage to the victim. | 8 | | "Stalking" means any conduct proscribed in Section 12-7.3, | 9 | | 12-7.4, or 12-7.5 of the Criminal Code of 2012, including | 10 | | stalking committed by a perpetrator who is a stranger to the | 11 | | victim and stalking committed by a perpetrator who is known or | 12 | | related by blood or marriage to the victim. | 13 | | "Student" or "pupil" means any child who has not yet | 14 | | received a diploma for completion of a secondary education, as | 15 | | defined in Section 22-22 and pursuant to the criteria set | 16 | | forth in subsection (b) of Section 26-2. "Student" includes, | 17 | | but is not limited to, an unaccompanied minor not in the | 18 | | physical custody of a parent or guardian. | 19 | | "Student at risk of academic failure" means a student who | 20 | | is at risk of failing to meet the Illinois Learning Standards | 21 | | or failing to graduate from elementary or high school and who | 22 | | demonstrates a need for educational support or social services | 23 | | beyond those provided by the regular school program. | 24 | | "Student parent" means a student who is a custodial or | 25 | | noncustodial parent taking an active role in the care and | 26 | | supervision of a child and who has not yet received a diploma |
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| 1 | | for completion of a secondary education, as defined in Section | 2 | | 22-22. | 3 | | "Support person" means any person whom the victim has | 4 | | chosen to include in proceedings for emotional support or | 5 | | safety. A support person does not participate in proceedings | 6 | | but is permitted to observe and support the victim with parent | 7 | | or guardian approval. "Support person" may include, but is not | 8 | | limited to, an advocate, clergy, a counselor, and a parent or | 9 | | guardian. If a student is age 18 years or older, the student | 10 | | has the right to choose a support person without parent or | 11 | | guardian approval. | 12 | | "Survivor-centered" means a systematic focus on the needs | 13 | | and concerns of a survivor of sexual violence, domestic | 14 | | violence, dating violence, or stalking that (i) ensures the | 15 | | compassionate and sensitive delivery of services in a | 16 | | nonjudgmental manner, (ii) ensures an understanding of how | 17 | | trauma affects survivor behavior, (iii) maintains survivor | 18 | | safety, privacy, and, if possible, confidentiality, and (iv) | 19 | | recognizes that a survivor is not responsible for the sexual | 20 | | violence, domestic violence, dating violence, or stalking. | 21 | | "Trauma-informed response" means a response involving an | 22 | | understanding of the complexities of sexual violence, domestic | 23 | | violence, dating violence, or stalking through training | 24 | | centered on the neurobiological impact of trauma, the | 25 | | influence of societal myths and stereotypes surrounding sexual | 26 | | violence, domestic violence, dating violence, or stalking, and |
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| 1 | | understanding the behavior of perpetrators. | 2 | | "Victim" means an individual who has been subjected to one | 3 | | or more acts of domestic or sexual violence. | 4 | | (105 ILCS 5/26A-15 new) | 5 | | Sec. 26A-15. Ensuring Success in School Task Force. | 6 | | (a) The Ensuring Success in School Task Force is created | 7 | | to do all of the following: | 8 | | (1) Draft and publish model policies and | 9 | | intergovernmental agreements for inter-district | 10 | | transfers. | 11 | | (2) Draft and publish model complaint resolution | 12 | | procedures as required in subsection (c) of Section | 13 | | 26A-25. | 14 | | (3) Identify current mandatory educator and staff | 15 | | training and additional new training needed to meet the | 16 | | requirements of Sections 26A-25 and 26A-35. | 17 | | The policies and agreements shall be survivor-centered and | 18 | | rooted in trauma-informed responses and used to support all | 19 | | students, from pre-kindergarten through grade 12, who are | 20 | | survivors of domestic or sexual violence, regardless of | 21 | | whether the perpetrator is school-related or not, or who are | 22 | | parenting or pregnant, regardless of whether the school is a | 23 | | public school, nonpublic school, or charter school. | 24 | | (b) The Task Force shall be representative of the | 25 | | geographic, racial, ethnic, sexual orientation, gender |
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| 1 | | identity, and cultural diversity of this State. The Task Force | 2 | | shall consist of all of the following members, who must be | 3 | | appointed no later than 60 days after the effective date of | 4 | | this amendatory Act of the 102nd General Assembly: | 5 | | (1) One Representative appointed by the Speaker of the | 6 | | House of Representatives. | 7 | | (2) One Representative appointed by the Minority | 8 | | Leader of the House of Representatives. | 9 | | (3) One Senator appointed by the President of the | 10 | | Senate. | 11 | | (4) One Senator appointed by the Minority Leader of | 12 | | the Senate. | 13 | | (5) One member who represents a State-based | 14 | | organization that advocates for lesbian, gay, bisexual, | 15 | | transgender, and queer people appointed by the State | 16 | | Superintendent of Education. | 17 | | (6) One member who represents a State-based, | 18 | | nonprofit, nongovernmental organization that advocates for | 19 | | survivors of domestic violence appointed by the State | 20 | | Superintendent of Education. | 21 | | (7) One member who represents a statewide, nonprofit, | 22 | | nongovernmental organization that advocates for survivors | 23 | | of sexual violence appointed by the State Superintendent | 24 | | of Education. | 25 | | (8) One member who represents a statewide, nonprofit, | 26 | | nongovernmental organization that offers free legal |
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| 1 | | services, including victim's rights representation, to | 2 | | survivors of domestic violence or sexual violence | 3 | | appointed by the State Superintendent of Education. | 4 | | (9) One member who represents an organization that | 5 | | advocates for pregnant or parenting youth appointed by the | 6 | | State Superintendent of Education. | 7 | | (10) One member who represents a youth-led | 8 | | organization with expertise in domestic and sexual | 9 | | violence appointed by the State Superintendent of | 10 | | Education. | 11 | | (11) One member who represents the Children's Advocacy | 12 | | Centers of Illinois appointed by the State Superintendent | 13 | | of Education. | 14 | | (12) One representative of the State Board of | 15 | | Education appointed by the State Superintendent of | 16 | | Education. | 17 | | (13) One member who represents a statewide | 18 | | organization of social workers appointed by the State | 19 | | Superintendent of Education. | 20 | | (14) One member who represents a statewide | 21 | | organization for school psychologists appointed by the | 22 | | State Superintendent of Education. | 23 | | (15) One member who represents a statewide | 24 | | organization of school counselors appointed by the State | 25 | | Superintendent of Education. | 26 | | (16) One member who represents a statewide |
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| 1 | | professional teachers' organization appointed by the State | 2 | | Superintendent of Education. | 3 | | (17) One member who represents a different statewide | 4 | | professional teachers' organization appointed by the State | 5 | | Superintendent of Education. | 6 | | (18) One member who represents a statewide | 7 | | organization for school boards appointed by the State | 8 | | Superintendent of Education. | 9 | | (19) One member who represents a statewide | 10 | | organization for school principals appointed by the State | 11 | | Superintendent of Education. | 12 | | (20) One member who represents a school district | 13 | | organized under Article 34 appointed by the State | 14 | | Superintendent of Education. | 15 | | (c) The Task Force shall first meet at the call of the | 16 | | State Superintendent of Education, and each subsequent meeting | 17 | | shall be called by the chairperson, who shall be designated by | 18 | | the State Superintendent of Education. The State Board of | 19 | | Education shall provide administrative and other support to | 20 | | the Task Force. Members of the Task Force shall serve without | 21 | | compensation. | 22 | | (d) On or before June 30, 2023, the Task Force shall report | 23 | | its work, including model policies, guidance recommendations, | 24 | | and agreements, to the Governor and the General Assembly. The | 25 | | report must include all of the following: | 26 | | (1) Model school and district policies to facilitate |
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| 1 | | inter-district transfers for student survivors of domestic | 2 | | or sexual violence, expectant parents, and parents. These | 3 | | policies shall place high value on being accessible and | 4 | | expeditious for student survivors and pregnant and | 5 | | parenting students. | 6 | | (2) Model school and district policies to ensure | 7 | | confidentiality and privacy considerations for student | 8 | | survivors of domestic or sexual violence, expectant | 9 | | parents, and parents. These policies must include guidance | 10 | | regarding appropriate referrals for nonschool-based | 11 | | services. | 12 | | (3) Model school and district complaint resolution | 13 | | procedures as prescribed by Section 26A-25. | 14 | | (4) Guidance for schools and districts regarding which | 15 | | mandatory training that is currently required for educator | 16 | | licenses or under State or federal law would be suitable | 17 | | to fulfill training requirements for resource personnel as | 18 | | prescribed by Section 26A-35 and for the staff tasked with | 19 | | implementing the complaint resolution procedure as | 20 | | prescribed by Section 26A-25. The guidance shall evaluate | 21 | | all relevant mandatory or recommended training, including, | 22 | | but not limited to, the training required under subsection | 23 | | (j) of Section 4 of the Abused and Neglected Child | 24 | | Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and | 25 | | 27-23.7 of this Code, and subsections (d) and (f) of | 26 | | Section 10-22.39 of this Code. The guidance must also |
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| 1 | | identify what gaps in training exist, including, but not | 2 | | limited to, training on trauma-informed responses and | 3 | | racial and gender equity, and make recommendations for | 4 | | future training programs that should be required or | 5 | | recommended for the positions as prescribed by Sections | 6 | | 26A-25 and 26A-35. | 7 | | (e) The Task Force is dissolved upon submission of its | 8 | | report under subsection (d). | 9 | | (f) This Section is repealed on December 1, 2023. | 10 | | (105 ILCS 5/26A-20 new) | 11 | | Sec. 26A-20. Review and revision of policies and | 12 | | procedures. | 13 | | (a) No later than July 1, 2024 and every 2 years | 14 | | thereafter, each school district must review all existing | 15 | | policies and procedures and must revise any existing policies | 16 | | and procedures that may act as a barrier to the immediate | 17 | | enrollment and re-enrollment, attendance, graduation, and | 18 | | success in school of any student who is a student parent, | 19 | | expectant student parent, or victim of domestic or sexual | 20 | | violence or any policies or procedures that may compromise a | 21 | | criminal investigation relating to domestic or sexual violence | 22 | | or may re-victimize students. A school district must adopt new | 23 | | policies and procedures, as needed, to implement this Section | 24 | | and to ensure that immediate and effective steps are taken to | 25 | | respond to students who are student parents, expectant |
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| 1 | | parents, or victims of domestic or sexual violence. | 2 | | (b) A school district's policy must be consistent with the | 3 | | model policy and procedures adopted by the State Board of | 4 | | Education and under Public Act 101-531. | 5 | | (c) A school district's policy on the procedures that a | 6 | | student or his or her parent or guardian may follow if he or | 7 | | she chooses to report an incident of alleged domestic or | 8 | | sexual violence must, at a minimum, include all of the | 9 | | following: | 10 | | (1) The name and contact information for domestic or | 11 | | sexual violence and parenting resource personnel, the | 12 | | Title IX coordinator, school and school district resource | 13 | | officers or security, and a community-based domestic or | 14 | | sexual violence organization. | 15 | | (2) The name, title, and contact information for | 16 | | confidential resources and a description of what | 17 | | confidential reporting means. | 18 | | (3) An option for the student or the student's parent | 19 | | or guardian to electronically, anonymously, and | 20 | | confidentially report the incident. | 21 | | (4) An option for reports by third parties and | 22 | | bystanders. | 23 | | (5) Information regarding the various individuals, | 24 | | departments, or organizations to whom a student may report | 25 | | an incident of domestic or sexual violence, specifying for | 26 | | each individual or entity (i) the extent of the |
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| 1 | | individual's or entity's reporting obligation to the | 2 | | school's or school district's administration, Title IX | 3 | | coordinator, or other personnel or entity, (ii) the | 4 | | individual's or entity's ability to protect the student's | 5 | | privacy, and (iii) the extent of the individual's or | 6 | | entity's ability to have confidential communications with | 7 | | the student or his or her parent or guardian. | 8 | | (6) The adoption of a complaint resolution procedure | 9 | | as provided in Section 26A-25. | 10 | | (d) A school district must post its revised policies and | 11 | | procedures on its website, distribute them at the beginning of | 12 | | each school year to each student, and make copies available to | 13 | | each student and his or her parent or guardian for inspection | 14 | | and copying at no cost to the student or parent or guardian at | 15 | | each school within a school district. | 16 | | (105 ILCS 5/26A-25 new) | 17 | | Sec. 26A-25. Complaint resolution procedure. | 18 | | (a) On or before July 1, 2024, each school district must | 19 | | adopt one procedure to resolve complaints of violations of | 20 | | this amendatory Act of the 102nd General Assembly. The | 21 | | respondent must be the school, school district, or school | 22 | | personnel. These procedures shall comply with the | 23 | | confidentiality provisions of Sections 26A-20 and 26A-30. The | 24 | | procedures must include, at minimum, all of the following: | 25 | | (1) The opportunity to consider the most appropriate |
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| 1 | | means to execute the procedure considering school safety, | 2 | | the developmental level of students, methods to reduce | 3 | | trauma during the procedure, and how to avoid multiple | 4 | | communications with students involved with an alleged | 5 | | incident of domestic or sexual violence. | 6 | | (2) Any proceeding, meeting, or hearing held to | 7 | | resolve complaints of any violation of this amendatory Act | 8 | | of the 102nd General Assembly must protect the privacy of | 9 | | the participating parties and witnesses. A school, school | 10 | | district, or school personnel may not disclose the | 11 | | identity of parties or witnesses, except as necessary to | 12 | | resolve the complaint or to implement interim protective | 13 | | measures and reasonable accommodations or when required by | 14 | | State or federal law. | 15 | | (3) Complainants alleging violations of this | 16 | | amendatory Act of the 102nd General Assembly must have the | 17 | | opportunity to request that the complaint resolution | 18 | | procedure begin promptly and proceed in a timely manner. | 19 | | (b) A school district must determine the individuals who | 20 | | will resolve complaints of violations of this amendatory Act | 21 | | of the 102nd General Assembly. | 22 | | (1) All individuals whose duties include resolution of | 23 | | complaints of violations of this amendatory Act of the | 24 | | 102nd General Assembly must complete a minimum of 8 hours | 25 | | of training on issues related to domestic and sexual | 26 | | violence and how to conduct the school's complaint |
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| 1 | | resolution procedure. Training may include the in-service | 2 | | training required under subsection (d) of Section 10-22.39 | 3 | | before commencement of those duties, and an individual | 4 | | must receive a minimum of 6 hours of such training | 5 | | annually thereafter. This training must be conducted by an | 6 | | individual or individuals with expertise in domestic or | 7 | | sexual violence in youth and expertise in developmentally | 8 | | appropriate communications with elementary and secondary | 9 | | school students regarding topics of a sexual, violent, or | 10 | | sensitive nature. | 11 | | (2) Each school must have a sufficient number of | 12 | | individuals trained to resolve complaints so that (i) a | 13 | | substitution can occur in the case of a conflict of | 14 | | interest or recusal, (ii) an individual with no prior | 15 | | involvement in the initial determination or finding may | 16 | | hear any appeal brought by a party, and (iii) the | 17 | | complaint resolution procedure proceeds in a timely | 18 | | manner. | 19 | | (3) The complainant and any witnesses shall (i) | 20 | | receive notice of the name of the individual with | 21 | | authority to make a finding or approve an accommodation in | 22 | | the proceeding before the individual may initiate contact | 23 | | with the complainant and any witnesses and (ii) have the | 24 | | opportunity to request a substitution if the participation | 25 | | of an individual with authority to make a finding or | 26 | | approve an accommodation poses a conflict of interest. |
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| 1 | | (c) If the alleged violation of this amendatory Act of the | 2 | | 102nd General Assembly involves making a determination or a | 3 | | finding of responsibility for causing harm, the following | 4 | | procedures shall apply: | 5 | | (1) The individual making the finding must use a | 6 | | preponderance of evidence standard to determine whether | 7 | | the incident occurred. | 8 | | (2) The complainant and respondent and any witnesses | 9 | | may not directly or through a representative question one | 10 | | another. At the discretion of the individual resolving the | 11 | | complaint, the complainant and the respondent may suggest | 12 | | questions to be posed by the individual resolving the | 13 | | complaint and if the individual resolving the complaint | 14 | | decides to pose such questions. | 15 | | (3) A live hearing is not required. If the complaint | 16 | | resolution procedure includes a hearing, no student who is | 17 | | a witness, including the complainant, may be compelled to | 18 | | testify in the presence of a party or other witness. If a | 19 | | witness invokes this right to testify outside the presence | 20 | | of the other party or other witnesses, then the school | 21 | | district must provide an option by which each party may, | 22 | | at a minimum, hear the witnesses' testimony. | 23 | | (d) Each party and witness may request and must be allowed | 24 | | to have a representative or support persons of their choice | 25 | | accompany them to any meeting or proceeding related to the | 26 | | alleged violence or violation of this amendatory Act of the |
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| 1 | | 102nd General Assembly if the involvement of the | 2 | | representative or support persons does not result in undue | 3 | | delay of the meeting or proceeding. This representative or | 4 | | support persons must comply with any rules of the school | 5 | | district's complaint resolution procedure. If the | 6 | | representative or support persons violate the rules or engage | 7 | | in behavior or advocacy that harasses, abuses, or intimidates | 8 | | either party, a witness, or an individual resolving the | 9 | | complaint, the representative or support persons may be | 10 | | prohibited from further participation in the meeting or | 11 | | proceeding. | 12 | | (e) The complainant, regardless of the level of | 13 | | involvement in the complaint resolution procedure, and the | 14 | | respondent must have the opportunity to provide or present | 15 | | evidence and witnesses on their behalf during the complaint | 16 | | resolution procedure. | 17 | | (f) The complainant and respondent and any named | 18 | | perpetrator directly impacted by the results of the complaint | 19 | | resolution procedure are entitled to simultaneous written | 20 | | notification of the results of the complaint resolution | 21 | | procedure, including information regarding appeals rights and | 22 | | procedures, within 10 business days after a decision or sooner | 23 | | if required by State or federal law or district policy. | 24 | | (g) The complainant, respondents, and named perpetrator, | 25 | | if directly impacted by the results of the complaint | 26 | | resolution procedure, must, at a minimum, have the right to |
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| 1 | | timely appeal the complaint resolution procedure's findings or | 2 | | remedies if a party alleges (i) a procedural error occurred, | 3 | | (ii) new information exists that would substantially change | 4 | | the outcome of the proceeding, (iii) the remedy is not | 5 | | sufficiently related to the finding, or (iv) the decision is | 6 | | against the weight of the evidence. | 7 | | (h) An individual reviewing the findings or remedies may | 8 | | not have previously participated in the complaint resolution | 9 | | procedure and may not have a conflict of interest with either | 10 | | party. | 11 | | (i) The complainant and respondent and any perpetrators | 12 | | directly impacted by the results of the complaint resolution | 13 | | procedure must receive the appeal decision, in writing, within | 14 | | 10 business days but in no case more than 15 business days | 15 | | after the conclusion of the review of findings or remedies or | 16 | | sooner if required by State or federal law. | 17 | | (j) Each school district must have a procedure to | 18 | | determine interim protective measures and accommodations | 19 | | available pending the resolution of the complaint, including | 20 | | the implementation of court orders. | 21 | | (105 ILCS 5/26A-30 new) | 22 | | Sec. 26A-30. Confidentiality. | 23 | | (a) Each school district must adopt and implement a policy | 24 | | and protocol to ensure that all information concerning a | 25 | | student's status and related experiences as a parent, |
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| 1 | | expectant parent, or victim of domestic or sexual violence or | 2 | | a student who is a named perpetrator of domestic or sexual | 3 | | violence, provided to or otherwise obtained by the school | 4 | | district or its employees or agents pursuant to this Code or | 5 | | otherwise, including a statement of the student or any other | 6 | | documentation, record, or corroborating evidence that the | 7 | | student has requested or obtained assistance, accommodations, | 8 | | or services pursuant to this Code, shall be retained in the | 9 | | strictest of confidence by the school district or its | 10 | | employees or agents and may not be disclosed to any other | 11 | | individual, including any other employee, except if such | 12 | | actions are (i) in conflict with the Illinois School Student | 13 | | Records Act, the federal Family Educational Rights and Privacy | 14 | | Act of 1974, or other applicable State or federal laws, or (ii) | 15 | | requested or consented to, in writing, by the student or the | 16 | | student's parent or guardian if it is safe to obtain written | 17 | | consent from the student's parent or guardian. | 18 | | (b) Prior to disclosing information about a student's | 19 | | status as a parent, expectant parent, or victim of domestic or | 20 | | sexual violence, a school must notify the student and discuss | 21 | | and address any safety concerns related to the disclosure, | 22 | | including instances in which the student indicates or the | 23 | | school or school district or its employees or agents are | 24 | | otherwise aware that the student's health or safety may be at | 25 | | risk if his or her status is disclosed to the student's parent | 26 | | or guardian, except as otherwise required by applicable State |
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| 1 | | or federal law, including the Abused and Neglected Child | 2 | | Reporting Act, the Illinois School Student Records Act, the | 3 | | federal Family Educational Rights and Privacy Act of 1974, and | 4 | | professional ethics policies that govern professional school | 5 | | personnel. | 6 | | (c) No student may be required to testify publicly | 7 | | concerning his or her status as a victim of domestic or sexual | 8 | | violence, allegations of domestic or sexual violence, his or | 9 | | her status as a parent or expectant parent, or the student's | 10 | | efforts to enforce any of his or her rights under provisions of | 11 | | this Code relating to students who are parents, expectant | 12 | | parents, or victims of domestic or sexual violence. | 13 | | (d) In the case of domestic or sexual violence, except as | 14 | | required under State or federal law, a school district must | 15 | | not contact the person named to be the perpetrator, the | 16 | | perpetrator's family, or any other person named by the student | 17 | | or named by the student's parent or guardian to be unsafe to | 18 | | contact to verify the violence. A school district must not | 19 | | contact the perpetrator, the perpetrator's family, or any | 20 | | other person named by the student or the student's parent or | 21 | | guardian to be unsafe for any other reason without written | 22 | | permission from the student or his or her parent or guardian. | 23 | | Permission from the student's parent or guardian may not be | 24 | | pursued if the student alleges that his or her health or safety | 25 | | would be threatened if the school or school district contacts | 26 | | the student's parent or guardian to obtain permission. Nothing |
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| 1 | | in this Section prohibits the school or school district from | 2 | | taking other steps to investigate the violence or from | 3 | | contacting persons not named by the student or the student's | 4 | | parent or guardian as unsafe to contact. Nothing in this | 5 | | Section prohibits the school or school district from taking | 6 | | reasonable steps to protect students. If the reasonable steps | 7 | | taken to protect students involve prohibited conduct under | 8 | | this subsection (d), the school must provide notice to the | 9 | | reporting student, in writing and in a developmentally | 10 | | appropriate communication format, of its intent to contact the | 11 | | parties named to be unsafe. | 12 | | (e) A school district must take all actions necessary to | 13 | | comply with this Section, unless in conflict with the Illinois | 14 | | School Student Records Act, the federal Family Educational | 15 | | Rights and Privacy Act of 1974, or other applicable State or | 16 | | federal laws, by no later than July 1, 2024. | 17 | | (105 ILCS 5/26A-35 new) | 18 | | Sec. 26A-35. Domestic or sexual violence and parenting | 19 | | resource personnel. | 20 | | (a) Each school district shall designate or appoint at | 21 | | least one staff person at each school in the district who is | 22 | | employed at least part time at the school and who is a school | 23 | | social worker, school psychologist, school counselor, school | 24 | | nurse, or school administrator trained to address, in a | 25 | | survivor-centered, trauma responsive, culturally responsive, |
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| 1 | | confidential, and sensitive manner, the needs of students who | 2 | | are parents, expectant parents, or victims of domestic or | 3 | | sexual violence. The designated or appointed staff person must | 4 | | have all of the following duties: | 5 | | (1) To connect students who are parents, expectant | 6 | | parents, or victims of domestic or sexual violence to | 7 | | appropriate in-school services or other agencies, | 8 | | programs, or services as needed. | 9 | | (2) To coordinate the implementation of the school's | 10 | | and school district's policies, procedures, and protocols | 11 | | in cases involving student allegations of domestic or | 12 | | sexual violence. | 13 | | (3) To coordinate the implementation of the school's | 14 | | and school district's policies, procedures, and protocols | 15 | | as set forth in provisions of this Code concerning | 16 | | students who are parents, expectant parents, or victims of | 17 | | domestic or sexual violence. | 18 | | (4) To assist students described in paragraph (1) in | 19 | | their efforts to exercise and preserve their rights as set | 20 | | forth in provisions of this Code concerning students who | 21 | | are parents, expectant parents, or victims of domestic or | 22 | | sexual violence. | 23 | | (5) To assist in providing staff development to | 24 | | establish a positive and sensitive learning environment | 25 | | for students described in paragraph (1). | 26 | | (b) A member of staff who is designated or appointed under |
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| 1 | | subsection (a) must (i) be trained to understand, provide | 2 | | information and referrals, and address issues pertaining to | 3 | | youth who are parents, expectant parents, or victims of | 4 | | domestic or sexual violence, including the theories and | 5 | | dynamics of domestic and sexual violence, the necessity for | 6 | | confidentiality and the law, policy, procedures, and protocols | 7 | | implementing confidentiality, and the notification of the | 8 | | student's parent or guardian regarding the student's status as | 9 | | a parent, expectant parent, or victim of domestic or sexual | 10 | | violence or the enforcement of the student's rights under this | 11 | | Code if the notice of the student's status or the involvement | 12 | | of the student's parent or guardian may put the health or | 13 | | safety of the student at risk, including the rights of minors | 14 | | to consent to counseling services and psychotherapy under the | 15 | | Mental Health and Developmental Disabilities Code, or (ii) at | 16 | | a minimum, have participated in an in-service training program | 17 | | under subsection (d) of Section 10-22.39 that includes | 18 | | training on the rights of minors to consent to counseling | 19 | | services and psychotherapy under the Mental Health and | 20 | | Developmental Disabilities Code within 12 months prior to his | 21 | | or her designation or appointment. | 22 | | (c) A school district must designate or appoint and train | 23 | | all domestic or sexual violence and parenting resource | 24 | | personnel, and the personnel must assist in implementing the | 25 | | duties as described in this Section no later than June 30, | 26 | | 2024, except in those school districts in which there exists a |
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| 1 | | collective bargaining agreement on the effective date of this | 2 | | amendatory Act of the 102nd General Assembly and the | 3 | | implementation of this Section would be a violation of that | 4 | | collective bargaining agreement. If implementation of some | 5 | | activities required under this Section is prevented by an | 6 | | existing collective bargaining agreement, a school district | 7 | | must comply with this Section to the fullest extent allowed by | 8 | | the existing collective bargaining agreement no later than | 9 | | June 30, 2024. In those instances in which a collective | 10 | | bargaining agreement that either fully or partially prevents | 11 | | full implementation of this Section expires after June 30, | 12 | | 2024, a school district must designate or appoint and train | 13 | | all domestic and sexual violence and parenting resource | 14 | | personnel, who shall implement the duties described in this | 15 | | Section no later than the effective date of the new collective | 16 | | bargaining agreement that immediately succeeds the collective | 17 | | bargaining agreement in effect on the effective date of this | 18 | | amendatory Act of the 102nd General Assembly. | 19 | | (105 ILCS 5/26A-40 new) | 20 | | Sec. 26A-40. Accommodations and services. | 21 | | (a) To facilitate the full participation of students who | 22 | | are parents, expectant parents, or victims of domestic or | 23 | | sexual violence, each school district must provide those | 24 | | students with reasonable accommodations, in-school support | 25 | | services, access to nonschool-based support services, and the |
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| 1 | | ability to make up work missed on account of circumstances | 2 | | related to the student's status as a parent, expectant parent, | 3 | | or victim of domestic or sexual violence. Victims of domestic | 4 | | or sexual violence must have access to those accommodations | 5 | | and services regardless of when or where the violence for | 6 | | which they are seeking accommodations and services occurred. | 7 | | All accommodations and services must be continued for as long | 8 | | as necessary to maintain the mental and physical well-being | 9 | | and safety of the student. Schools may have a policy to | 10 | | periodically check on students receiving accommodations and | 11 | | services to determine whether each accommodation and service | 12 | | continues to be necessary to maintain the mental and physical | 13 | | well-being and safety of the student or whether termination is | 14 | | appropriate. | 15 | | (b) Accommodations provided under subsection (a) shall | 16 | | include, but are not limited to (i) the provision of | 17 | | sufficiently private settings to ensure confidentiality and | 18 | | time off from class for meetings with counselors or other | 19 | | service providers, (ii) assisting the student with a student | 20 | | success plan, (iii) transferring a victim of domestic or | 21 | | sexual violence or the student perpetrator to a different | 22 | | classroom or school, (iv) changing a seating assignment, (v) | 23 | | implementing in-school, school grounds, and bus safety | 24 | | procedures, (vi) honoring court orders, including orders of | 25 | | protection and no-contact orders to the fullest extent | 26 | | possible, and (vii) providing any other accommodation that may |
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| 1 | | facilitate the full participation in the regular education | 2 | | program of students who are parents, expectant parents, or | 3 | | victims of domestic or sexual violence. | 4 | | (c) If a student who is a parent, expectant parent, or | 5 | | victim of domestic or sexual violence is a student at risk of | 6 | | academic failure or displays poor academic performance, the | 7 | | student or the student's parent or guardian may request that | 8 | | the school district provide the student with or refer the | 9 | | student to education and support services designed to assist | 10 | | the student in meeting State learning standards. A school | 11 | | district may either provide education or support services | 12 | | directly or may collaborate with public or private State, | 13 | | local, or community-based organizations or agencies that | 14 | | provide these services. A school district must also assist | 15 | | those students in accessing the support services of | 16 | | nonschool-based organizations and agencies from which those | 17 | | students typically receive services in the community. | 18 | | (d) Any student who is unable, because of circumstances | 19 | | related to the student's status as a parent, expectant parent, | 20 | | or victim of domestic or sexual violence, to participate in | 21 | | classes on a particular day or days or at the particular time | 22 | | of day must be excused from any examination or any study or | 23 | | work assignments on that particular day or days or at that | 24 | | particular time of day. It is the responsibility of the | 25 | | teachers and of the school administrative personnel and | 26 | | officials to make available to each student who is unable to |
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| 1 | | participate because of circumstances related to the student's | 2 | | status as a parent, expectant parent, or victim of domestic or | 3 | | sexual violence a meaningful opportunity to make up any | 4 | | examination, study, or work requirement that the student has | 5 | | missed because of the inability to participate on any | 6 | | particular day or days or at any particular time of day. For a | 7 | | student receiving homebound instruction, it is the | 8 | | responsibility of the student and parent to work with the | 9 | | school or school district to meet academic standards for | 10 | | matriculation, as defined by school district policy. Costs | 11 | | assessed by the school district on the student for | 12 | | participation in those activities shall be considered waivable | 13 | | fees for any student whose parent or guardian is unable to | 14 | | afford them, consistent with Section 10-20.13. Each school | 15 | | district must adopt written policies and procedures for waiver | 16 | | of those fees in accordance with rules adopted by the State | 17 | | Board of Education. | 18 | | (e) If a school or school district employee or agent | 19 | | becomes aware of or suspects a student's status as a parent, | 20 | | expectant parent, or victim of domestic or sexual violence, it | 21 | | is the responsibility of the employee or agent of the school or | 22 | | school district to inform the student of the available | 23 | | services and accommodations at the school and in the community | 24 | | that may assist the student in maintaining the student's full | 25 | | educational participation and the student's successful | 26 | | performance. The school or school district employee or agent |
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| 1 | | must also refer the student to the school district's domestic | 2 | | or sexual violence and parenting resource personnel set forth | 3 | | in Section 26A-35. A school district must make respecting a | 4 | | student's privacy, confidentiality, mental and physical | 5 | | health, and safety a paramount concern. | 6 | | (f) Each school must honor a student's and a parent's or | 7 | | guardian's decision to obtain education and support services, | 8 | | accommodations, and nonschool-based support services, to | 9 | | terminate the receipt of those education and support services, | 10 | | accommodations, or nonschool-based support services, or to | 11 | | decline participation in those education and support services, | 12 | | accommodations, or nonschool-based support services. No | 13 | | student is obligated to use education and support services, | 14 | | accommodations, or nonschool-based support services. In | 15 | | developing accommodations or educational support services, the | 16 | | privacy, mental and physical health, and safety of the student | 17 | | shall be of paramount concern. No adverse or prejudicial | 18 | | effects may result to any student because of the student's | 19 | | availing of or declining the provisions of this Section as | 20 | | long as the student is working with the school to meet academic | 21 | | standards for matriculation as defined by school district | 22 | | policy. | 23 | | (g) Any support services to students receiving education | 24 | | and support services must be available in any school or by home | 25 | | or hospital instruction to the highest quality and fullest | 26 | | extent possible for the individual setting. |
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| 1 | | (h) Individual, peer, group, and family counseling | 2 | | services or psychotherapy must be made available to students | 3 | | who are parents, expectant parents, or victims of domestic or | 4 | | sexual violence consistent with the Mental Health and | 5 | | Developmental Disabilities Code. At least once every school | 6 | | year, each school district must inform, in writing, all school | 7 | | personnel and all students 12 years of age or older of the | 8 | | availability of counseling without parental or guardian | 9 | | consent under Section 3-5A-105 (to be renumbered as Section | 10 | | 3-550 in a revisory bill as of the effective date of this | 11 | | amendatory Act of the 102nd General Assembly) of the Mental | 12 | | Health and Developmental Disabilities Code. This information | 13 | | must also be provided to students immediately after any school | 14 | | personnel becomes aware that a student is a parent, expectant | 15 | | parent, or victim of domestic or sexual violence. | 16 | | (i) All domestic or sexual violence organizations and | 17 | | their staff and any other nonschool organization and its staff | 18 | | shall maintain confidentiality pursuant to federal and State | 19 | | laws and their professional ethics policies regardless of when | 20 | | or where information, advice, counseling, or any other | 21 | | interaction with students takes place. A school or school | 22 | | district may not request or require those organizations or | 23 | | individuals to breach confidentiality. | 24 | | (105 ILCS 5/26A-45 new) | 25 | | Sec. 26A-45. Verification. |
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| 1 | | (a) For purposes of students asserting their rights under | 2 | | provisions relating to domestic or sexual violence in Sections | 3 | | 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a | 4 | | school district may require verification of the claim. The | 5 | | student or the student's parents or guardians shall choose | 6 | | which form of verification to submit to the school district. A | 7 | | school district may only require one form of verification, | 8 | | unless the student is requesting a transfer to another school, | 9 | | in which case the school district may require 2 forms of | 10 | | verification. All forms of verification received by a school | 11 | | district under this subsection (a) must be kept in a | 12 | | confidential temporary file, in accordance with the Illinois | 13 | | School Student Records Act. Any one of the following shall be | 14 | | acceptable as a form of verification of a student's claim of | 15 | | domestic or sexual violence: | 16 | | (1) A written statement from the student or anyone who | 17 | | has knowledge of the circumstances that support the | 18 | | student's claim. This may be in the form of a complaint. | 19 | | (2) A police report, government agency record, or | 20 | | court record. | 21 | | (3) A statement or other documentation from a domestic | 22 | | or sexual violence organization or any other organization | 23 | | from which the student sought services or advice. | 24 | | (4) Documentation from a lawyer, clergy person, | 25 | | medical professional, or other professional from whom the | 26 | | student sought services or advice related to domestic or |
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| 1 | | sexual violence. | 2 | | (5) Any other evidence, such as physical evidence of | 3 | | violence, that supports the claim. | 4 | | (b) A student or a student's parent or guardian who has | 5 | | provided acceptable verification that the student is or has | 6 | | been a victim of domestic or sexual violence may not be | 7 | | required to provide any additional verification if the | 8 | | student's efforts to assert rights under this Code stem from a | 9 | | claim involving the same perpetrator or the same incident of | 10 | | violence. No school or school district shall request or | 11 | | require additional documentation. | 12 | | (c) The person named to be the perpetrator, the | 13 | | perpetrator's family, or any other person named by the student | 14 | | or the student's parent or guardian to be unsafe to contact may | 15 | | not be contacted to verify the violence. The perpetrator, the | 16 | | perpetrator's family, or any other person named by the student | 17 | | or the student's parent or guardian to be unsafe may not be | 18 | | contacted for any other reason without written permission of | 19 | | the student or written permission of the student's parent or | 20 | | guardian. Permission of the student's parent or guardian may | 21 | | not be pursued if the student alleges that his or her health or | 22 | | safety would be threatened if the school or school district | 23 | | contacts the student's parent or guardian to obtain written | 24 | | consent. | 25 | | (105 ILCS 5/26A-50 new) |
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| 1 | | Sec. 26A-50. Prohibited practices. No school or school | 2 | | district may take any adverse action against a student who is a | 3 | | parent, expectant parent, or victim of domestic or sexual | 4 | | violence because the student or his or her parent or guardian | 5 | | (i) exercises or attempts to exercise his or her rights under | 6 | | this amendatory Act of the 102nd General Assembly, (ii) | 7 | | opposes practices that the student or his or her parent or | 8 | | guardian believes to be in violation of this amendatory Act of | 9 | | the 102nd General Assembly, or (iii) supports the exercise of | 10 | | the rights of another under this amendatory Act of the 102nd | 11 | | General Assembly. Exercising rights under this amendatory Act | 12 | | of the 102nd General Assembly includes, but is not limited to, | 13 | | filing an action, instituting or causing to be instituted any | 14 | | proceeding under or related to this amendatory Act of the | 15 | | 102nd General Assembly, or in any manner requesting, availing | 16 | | himself or herself of, or declining any of the provisions of | 17 | | this amendatory Act of the 102nd General Assembly, including, | 18 | | but not limited to, accommodations and services.
| 19 | | (105 ILCS 5/27A-5)
| 20 | | Sec. 27A-5. Charter school; legal entity; requirements.
| 21 | | (a) A charter school shall be a public, nonsectarian, | 22 | | nonreligious, non-home
based, and non-profit school. A charter | 23 | | school shall be organized and operated
as a nonprofit | 24 | | corporation or other discrete, legal, nonprofit entity
| 25 | | authorized under the laws of the State of Illinois.
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| 1 | | (b) A charter school may be established under this Article | 2 | | by creating a new
school or by converting an existing public | 3 | | school or attendance center to
charter
school status.
| 4 | | Beginning on April 16, 2003 (the effective date of Public Act | 5 | | 93-3), in all new
applications to establish
a charter
school | 6 | | in a city having a population exceeding 500,000, operation of | 7 | | the
charter
school shall be limited to one campus. The changes | 8 | | made to this Section by Public Act 93-3 do not apply to charter | 9 | | schools existing or approved on or before April 16, 2003 (the
| 10 | | effective date of Public Act 93-3). | 11 | | (b-5) In this subsection (b-5), "virtual-schooling" means | 12 | | a cyber school where students engage in online curriculum and | 13 | | instruction via the Internet and electronic communication with | 14 | | their teachers at remote locations and with students | 15 | | participating at different times. | 16 | | From April 1, 2013 through December 31, 2016, there is a | 17 | | moratorium on the establishment of charter schools with | 18 | | virtual-schooling components in school districts other than a | 19 | | school district organized under Article 34 of this Code. This | 20 | | moratorium does not apply to a charter school with | 21 | | virtual-schooling components existing or approved prior to | 22 | | April 1, 2013 or to the renewal of the charter of a charter | 23 | | school with virtual-schooling components already approved | 24 | | prior to April 1, 2013.
| 25 | | (c) A charter school shall be administered and governed by | 26 | | its board of
directors or other governing body
in the manner |
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| 1 | | provided in its charter. The governing body of a charter | 2 | | school
shall be subject to the Freedom of Information Act and | 3 | | the Open Meetings Act. No later than January 1, 2021 (one year | 4 | | after the effective date of Public Act 101-291), a charter | 5 | | school's board of directors or other governing body must | 6 | | include at least one parent or guardian of a pupil currently | 7 | | enrolled in the charter school who may be selected through the | 8 | | charter school or a charter network election, appointment by | 9 | | the charter school's board of directors or other governing | 10 | | body, or by the charter school's Parent Teacher Organization | 11 | | or its equivalent. | 12 | | (c-5) No later than January 1, 2021 (one year after the | 13 | | effective date of Public Act 101-291) or within the first year | 14 | | of his or her first term, every voting member of a charter | 15 | | school's board of directors or other governing body shall | 16 | | complete a minimum of 4 hours of professional development | 17 | | leadership training to ensure that each member has sufficient | 18 | | familiarity with the board's or governing body's role and | 19 | | responsibilities, including financial oversight and | 20 | | accountability of the school, evaluating the principal's and | 21 | | school's performance, adherence to the Freedom of Information | 22 | | Act and the Open Meetings Act, and compliance with education | 23 | | and labor law. In each subsequent year of his or her term, a | 24 | | voting member of a charter school's board of directors or | 25 | | other governing body shall complete a minimum of 2 hours of | 26 | | professional development training in these same areas. The |
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| 1 | | training under this subsection may be provided or certified by | 2 | | a statewide charter school membership association or may be | 3 | | provided or certified by other qualified providers approved by | 4 | | the State Board of Education.
| 5 | | (d) For purposes of this subsection (d), "non-curricular | 6 | | health and safety requirement" means any health and safety | 7 | | requirement created by statute or rule to provide, maintain, | 8 | | preserve, or safeguard safe or healthful conditions for | 9 | | students and school personnel or to eliminate, reduce, or | 10 | | prevent threats to the health and safety of students and | 11 | | school personnel. "Non-curricular health and safety | 12 | | requirement" does not include any course of study or | 13 | | specialized instructional requirement for which the State | 14 | | Board has established goals and learning standards or which is | 15 | | designed primarily to impart knowledge and skills for students | 16 | | to master and apply as an outcome of their education. | 17 | | A charter school shall comply with all non-curricular | 18 | | health and safety
requirements applicable to public schools | 19 | | under the laws of the State of
Illinois. On or before September | 20 | | 1, 2015, the State Board shall promulgate and post on its | 21 | | Internet website a list of non-curricular health and safety | 22 | | requirements that a charter school must meet. The list shall | 23 | | be updated annually no later than September 1. Any charter | 24 | | contract between a charter school and its authorizer must | 25 | | contain a provision that requires the charter school to follow | 26 | | the list of all non-curricular health and safety requirements |
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| 1 | | promulgated by the State Board and any non-curricular health | 2 | | and safety requirements added by the State Board to such list | 3 | | during the term of the charter. Nothing in this subsection (d) | 4 | | precludes an authorizer from including non-curricular health | 5 | | and safety requirements in a charter school contract that are | 6 | | not contained in the list promulgated by the State Board, | 7 | | including non-curricular health and safety requirements of the | 8 | | authorizing local school board.
| 9 | | (e) Except as otherwise provided in the School Code, a | 10 | | charter school shall
not charge tuition; provided that a | 11 | | charter school may charge reasonable fees
for textbooks, | 12 | | instructional materials, and student activities.
| 13 | | (f) A charter school shall be responsible for the | 14 | | management and operation
of its fiscal affairs including,
but | 15 | | not limited to, the preparation of its budget. An audit of each | 16 | | charter
school's finances shall be conducted annually by an | 17 | | outside, independent
contractor retained by the charter | 18 | | school. To ensure financial accountability for the use of | 19 | | public funds, on or before December 1 of every year of | 20 | | operation, each charter school shall submit to its authorizer | 21 | | and the State Board a copy of its audit and a copy of the Form | 22 | | 990 the charter school filed that year with the federal | 23 | | Internal Revenue Service. In addition, if deemed necessary for | 24 | | proper financial oversight of the charter school, an | 25 | | authorizer may require quarterly financial statements from | 26 | | each charter school.
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| 1 | | (g) A charter school shall comply with all provisions of | 2 | | this Article, the Illinois Educational Labor Relations Act, | 3 | | all federal and State laws and rules applicable to public | 4 | | schools that pertain to special education and the instruction | 5 | | of English learners, and
its charter. A charter
school is | 6 | | exempt from all other State laws and regulations in this Code
| 7 | | governing public
schools and local school board policies; | 8 | | however, a charter school is not exempt from the following:
| 9 | | (1) Sections 10-21.9 and 34-18.5 of this Code | 10 | | regarding criminal
history records checks and checks of | 11 | | the Statewide Sex Offender Database and Statewide Murderer | 12 | | and Violent Offender Against Youth Database of applicants | 13 | | for employment;
| 14 | | (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and | 15 | | 34-84a of this Code regarding discipline of
students;
| 16 | | (3) the Local Governmental and Governmental Employees | 17 | | Tort Immunity Act;
| 18 | | (4) Section 108.75 of the General Not For Profit | 19 | | Corporation Act of 1986
regarding indemnification of | 20 | | officers, directors, employees, and agents;
| 21 | | (5) the Abused and Neglected Child Reporting Act;
| 22 | | (5.5) subsection (b) of Section 10-23.12 and | 23 | | subsection (b) of Section 34-18.6 of this Code; | 24 | | (6) the Illinois School Student Records Act;
| 25 | | (7) Section 10-17a of this Code regarding school | 26 | | report cards;
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| 1 | | (8) the P-20 Longitudinal Education Data System Act; | 2 | | (9) Section 27-23.7 of this Code regarding bullying | 3 | | prevention; | 4 | | (10) Section 2-3.162 of this Code regarding student | 5 | | discipline reporting; | 6 | | (11) Sections 22-80 and 27-8.1 of this Code; | 7 | | (12) Sections 10-20.60 and 34-18.53 of this Code; | 8 | | (13) Sections 10-20.63 and 34-18.56 of this Code; | 9 | | (14) Section 26-18 of this Code; | 10 | | (15) Section 22-30 of this Code; | 11 | | (16) Sections 24-12 and 34-85 of this Code; | 12 | | (17) the Seizure Smart School Act; and | 13 | | (18) Section 2-3.64a-10 of this Code ; and . | 14 | | (19) Article 26A of this Code. | 15 | | The change made by Public Act 96-104 to this subsection | 16 | | (g) is declaratory of existing law. | 17 | | (h) A charter school may negotiate and contract with a | 18 | | school district, the
governing body of a State college or | 19 | | university or public community college, or
any other public or | 20 | | for-profit or nonprofit private entity for: (i) the use
of a | 21 | | school building and grounds or any other real property or | 22 | | facilities that
the charter school desires to use or convert | 23 | | for use as a charter school site,
(ii) the operation and | 24 | | maintenance thereof, and
(iii) the provision of any service, | 25 | | activity, or undertaking that the charter
school is required | 26 | | to perform in order to carry out the terms of its charter.
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| 1 | | However, a charter school
that is established on
or
after | 2 | | April 16, 2003 (the effective date of Public Act 93-3) and that | 3 | | operates
in a city having a population exceeding
500,000 may | 4 | | not contract with a for-profit entity to
manage or operate the | 5 | | school during the period that commences on April 16, 2003 (the
| 6 | | effective date of Public Act 93-3) and
concludes at the end of | 7 | | the 2004-2005 school year.
Except as provided in subsection | 8 | | (i) of this Section, a school district may
charge a charter | 9 | | school reasonable rent for the use of the district's
| 10 | | buildings, grounds, and facilities. Any services for which a | 11 | | charter school
contracts
with a school district shall be | 12 | | provided by the district at cost. Any services
for which a | 13 | | charter school contracts with a local school board or with the
| 14 | | governing body of a State college or university or public | 15 | | community college
shall be provided by the public entity at | 16 | | cost.
| 17 | | (i) In no event shall a charter school that is established | 18 | | by converting an
existing school or attendance center to | 19 | | charter school status be required to
pay rent for space
that is | 20 | | deemed available, as negotiated and provided in the charter | 21 | | agreement,
in school district
facilities. However, all other | 22 | | costs for the operation and maintenance of
school district | 23 | | facilities that are used by the charter school shall be | 24 | | subject
to negotiation between
the charter school and the | 25 | | local school board and shall be set forth in the
charter.
| 26 | | (j) A charter school may limit student enrollment by age |
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| 1 | | or grade level.
| 2 | | (k) If the charter school is approved by the State Board or | 3 | | Commission, then the charter school is its own local education | 4 | | agency. | 5 | | (Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18; | 6 | | 100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff. | 7 | | 6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50, | 8 | | eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20; | 9 | | 101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff. | 10 | | 3-8-21.) | 11 | | (105 ILCS 5/34-18.24)
| 12 | | Sec. 34-18.24. Transfer of students.
| 13 | | (a) The board shall
establish and
implement a
policy | 14 | | governing the transfer of a student from one attendance center | 15 | | to
another within the
school district upon the request of the | 16 | | student's parent or guardian.
A
student may not transfer to | 17 | | any of the following attendance centers, except by
change in
| 18 | | residence if the policy authorizes enrollment based on | 19 | | residence in an
attendance area
or unless approved by the | 20 | | board on an individual basis:
| 21 | | (1) An attendance center that exceeds or as a result | 22 | | of the
transfer would
exceed its attendance capacity.
| 23 | | (2) An attendance center for which the board has | 24 | | established
academic
criteria for enrollment if the | 25 | | student does not meet the criteria.
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| 1 | | (3) Any attendance center if the transfer would
| 2 | | prevent the school district from meeting its obligations | 3 | | under a State or
federal law,
court
order, or consent
| 4 | | decree
applicable to the school district.
| 5 | | (b) The board shall establish and implement a policy governing | 6 | | the
transfer of students within the school district from a | 7 | | persistently dangerous
attendance center to another attendance | 8 | | center in that district that is not
deemed to be
persistently | 9 | | dangerous.
In order to be considered a persistently dangerous | 10 | | attendance center, the
attendance center must meet all of the | 11 | | following criteria for 2 consecutive
years:
| 12 | | (1) Have greater than 3% of the students enrolled in | 13 | | the attendance center
expelled for violence-related | 14 | | conduct.
| 15 | | (2) Have one or more students expelled for bringing a | 16 | | firearm to school
as defined in 18 U.S.C. 921.
| 17 | | (3) Have at least 3% of the students enrolled in the | 18 | | attendance center
exercise the
individual option to | 19 | | transfer attendance centers pursuant to subsection (c) of
| 20 | | this
Section.
| 21 | | (c) A student may transfer from one attendance center to
| 22 | | another attendance center within the district if the student | 23 | | is a victim of a
violent
crime as defined in Section 3 of the | 24 | | Rights of Crime Victims and Witnesses Act.
The violent crime | 25 | | must have occurred on school grounds during regular school
| 26 | | hours or during a school-sponsored event.
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| 1 | | (d) (Blank).
| 2 | | (e) Notwithstanding any other provision of this Code, a | 3 | | student who is a victim of domestic or sexual violence, as | 4 | | defined in Article 26A, must be allowed to transfer to another | 5 | | school immediately and as needed if the student's continued | 6 | | attendance at a particular attendance center, school facility, | 7 | | or school location poses a risk to the student's mental or | 8 | | physical well-being or safety. A student who transfers to | 9 | | another school under this subsection (e) due to domestic or | 10 | | sexual violence must have full and immediate access to | 11 | | extracurricular activities and any programs or activities | 12 | | offered by or under the auspices of the school to which the | 13 | | student has transferred. The school district may not require a | 14 | | student who is a victim of domestic or sexual violence to | 15 | | transfer to another school. No adverse or prejudicial effects | 16 | | may result to any student who is a victim of domestic or sexual | 17 | | violence because of the student availing himself or herself of | 18 | | or declining the provisions of this subsection (e). The school | 19 | | district may require a student to verify his or her claim of | 20 | | domestic or sexual violence under Section 26A-45 before | 21 | | approving a transfer to another school under this subsection | 22 | | (e). | 23 | | (Source: P.A. 100-1046, eff. 8-23-18.)
| 24 | | Section 10. The Illinois School Student Records Act is | 25 | | amended by changing Section 2 as follows:
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| 1 | | (105 ILCS 10/2) (from Ch. 122, par. 50-2)
| 2 | | Sec. 2.
As used in this Act : ,
| 3 | | (a) "Student" means any person enrolled or previously | 4 | | enrolled in a school.
| 5 | | (b) "School" means any public preschool, day care center,
| 6 | | kindergarten, nursery, elementary or secondary educational | 7 | | institution,
vocational school, special educational facility | 8 | | or any other elementary or
secondary educational agency or | 9 | | institution and any person, agency or
institution which | 10 | | maintains school student records from more than one school,
| 11 | | but does not include a private or non-public school.
| 12 | | (c) "State Board" means the State Board of Education.
| 13 | | (d) "School Student Record" means any writing or
other | 14 | | recorded information concerning a student
and by which a | 15 | | student may be individually identified,
maintained by a school | 16 | | or at its direction or by an employee of a
school, regardless | 17 | | of how or where the information is stored.
The following shall | 18 | | not be deemed school student records under
this Act: writings | 19 | | or other recorded information maintained by an
employee of a | 20 | | school or other person at the direction of a school for his or
| 21 | | her exclusive use; provided that all such writings and other | 22 | | recorded
information are destroyed not later than the | 23 | | student's graduation or permanent
withdrawal from the school; | 24 | | and provided further that no such records or
recorded | 25 | | information may be released or disclosed to any person except |
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| 1 | | a person
designated by the school as
a substitute unless they | 2 | | are first incorporated
in a school student record and made | 3 | | subject to all of the
provisions of this Act.
School student | 4 | | records shall not include information maintained by
law | 5 | | enforcement professionals working in the school.
| 6 | | (e) "Student Permanent Record" means the minimum personal
| 7 | | information necessary to a school in the education of the | 8 | | student
and contained in a school student record. Such | 9 | | information
may include the student's name, birth date, | 10 | | address, grades
and grade level, parents' names and addresses, | 11 | | attendance
records, and such other entries as the State Board | 12 | | may
require or authorize.
| 13 | | (f) "Student Temporary Record" means all information | 14 | | contained in
a school student record but not contained in
the | 15 | | student permanent record. Such information may include
family | 16 | | background information, intelligence test scores, aptitude
| 17 | | test scores, psychological and personality test results, | 18 | | teacher
evaluations, and other information of clear relevance | 19 | | to the
education of the student, all subject to regulations of | 20 | | the State Board.
The information shall include all of the | 21 | | following: | 22 | | (1) Information information provided under Section 8.6 | 23 | | of the
Abused and Neglected Child Reporting Act and | 24 | | information contained in service logs maintained by a | 25 | | local education agency under subsection (d) of Section | 26 | | 14-8.02f of the School Code.
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| 1 | | (2) Information In addition, the student temporary | 2 | | record shall include information regarding
serious | 3 | | disciplinary infractions that resulted in expulsion, | 4 | | suspension, or the
imposition of punishment or sanction. | 5 | | For purposes of this provision, serious
disciplinary | 6 | | infractions means: infractions involving drugs, weapons, | 7 | | or bodily
harm to another.
| 8 | | (3) Information concerning a student's status and | 9 | | related experiences as a parent, expectant parent, or | 10 | | victim of domestic or sexual violence, as defined in | 11 | | Article 26A of the School Code, including a statement of | 12 | | the student or any other documentation, record, or | 13 | | corroborating evidence and the fact that the student has | 14 | | requested or obtained assistance, accommodations, or | 15 | | services related to that status. Enforcement of this | 16 | | paragraph (3) shall follow the procedures provided in | 17 | | Section 26A-40 of the School Code. | 18 | | (g) "Parent" means a person who is the natural parent of | 19 | | the
student or other person who has the primary responsibility | 20 | | for the
care and upbringing of the student. All rights and | 21 | | privileges accorded
to a parent under this Act shall become | 22 | | exclusively those of the student
upon his 18th birthday, | 23 | | graduation from secondary school, marriage
or entry into | 24 | | military service, whichever occurs first. Such
rights and | 25 | | privileges may also be exercised by the student
at any time | 26 | | with respect to the student's permanent school record.
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| 1 | | (Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
| 2 | | Section 90. The State Mandates Act is amended by adding | 3 | | Section 8.45 as follows: | 4 | | (30 ILCS 805/8.45 new) | 5 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and | 6 | | 8 of this Act, no reimbursement by the State is required for | 7 | | the implementation of any mandate created by this amendatory | 8 | | Act of the 102nd General Assembly.
| 9 | | Section 99. Effective date. This Act takes effect July 1, | 10 | | 2022.".
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