Illinois General Assembly - Full Text of HB3223
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Full Text of HB3223  102nd General Assembly

HB3223sam001 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/14/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3223

2    AMENDMENT NO. ______. Amend House Bill 3223 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
634-18.24 and by adding Article 26A as follows:
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15or guardians have been requested to appear at a meeting of the
16board, or with a hearing officer appointed by it, to discuss

 

 

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1their child's behavior. Such request shall be made by
2registered or certified mail and shall state the time, place
3and purpose of the meeting. The board, or a hearing officer
4appointed by it, at such meeting shall state the reasons for
5dismissal and the date on which the expulsion is to become
6effective. If a hearing officer is appointed by the board, he
7shall report to the board a written summary of the evidence
8heard at the meeting and the board may take such action thereon
9as it finds appropriate. If the board acts to expel a pupil,
10the written expulsion decision shall detail the specific
11reasons why removing the pupil from the learning environment
12is in the best interest of the school. The expulsion decision
13shall also include a rationale as to the specific duration of
14the expulsion. An expelled pupil may be immediately
15transferred to an alternative program in the manner provided
16in Article 13A or 13B of this Code. A pupil must not be denied
17transfer because of the expulsion, except in cases in which
18such transfer is deemed to cause a threat to the safety of
19students or staff in the alternative program.
20    (b) To suspend or by policy to authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend pupils
23guilty of gross disobedience or misconduct, or to suspend
24pupils guilty of gross disobedience or misconduct on the
25school 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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1against them for such suspension. The board may by policy
2authorize the superintendent of the district or the principal,
3assistant principal, or dean of students of any school to
4suspend pupils guilty of such acts for a period not to exceed
510 school days. If a pupil is suspended due to gross
6disobedience or misconduct on a school bus, the board may
7suspend the pupil in excess of 10 school days for safety
8reasons.
9    Any suspension shall be reported immediately to the
10parents or guardians guardian of a pupil along with a full
11statement of the reasons for such suspension and a notice of
12their right to a review. The school board must be given a
13summary of the notice, including the reason for the suspension
14and the suspension length. Upon request of the parents or
15guardians guardian, the school board or a hearing officer
16appointed by it shall review such action of the superintendent
17or principal, assistant principal, or dean of students. At
18such review, the parents or guardians guardian of the pupil
19may appear and discuss the suspension with the board or its
20hearing officer. If a hearing officer is appointed by the
21board, he shall report to the board a written summary of the
22evidence heard at the meeting. After its hearing or upon
23receipt of the written report of its hearing officer, the
24board may take such action as it finds appropriate. If a
25student is suspended pursuant to this subsection (b), the
26board shall, in the written suspension decision, detail the

 

 

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

 

 

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

 

 

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1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9    (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18    A school district may refer students who are expelled to
19appropriate and available support services.
20    A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23    (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

 

 

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1academic credit. It shall be the responsibility of a pupil's
2parents or guardians parent or guardian to notify school
3officials that a pupil suspended from the school bus does not
4have alternate transportation to school.
5    (b-35) In all suspension review hearings conducted under
6subsection (b) or expulsion hearings conducted under
7subsection (a), a student may disclose any factor to be
8considered in mitigation, including his or her status as a
9parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A. A representative of the
11parent's or guardian's choice, or of the student's choice if
12emancipated, must be permitted to represent the student
13throughout the proceedings and to address the school board or
14its appointed hearing officer. With the approval of the
15student's parent or guardian, or of the student if
16emancipated, a support person must be permitted to accompany
17the student to any disciplinary hearings or proceedings. The
18representative or support person must comply with any rules of
19the school district's hearing process. If the representative
20or support person violates the rules or engages in behavior or
21advocacy that harasses, abuses, or intimidates either party, a
22witness, or anyone else in attendance at the hearing, the
23representative or support person may be prohibited from
24further participation in the hearing or proceeding. A
25suspension or expulsion proceeding under this subsection
26(b-35) must be conducted independently from any ongoing

 

 

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1criminal investigation or proceeding, and an absence of
2pending or possible criminal charges, criminal investigations,
3or proceedings may not be a factor in school disciplinary
4decisions.
5    (b-40) During a suspension review hearing conducted under
6subsection (b) or an expulsion hearing conducted under
7subsection (a) that involves allegations of sexual violence by
8the student who is subject to discipline, neither the student
9nor his or her representative shall directly question nor have
10direct contact with the alleged victim. The student who is
11subject to discipline or his or her representative may, at the
12discretion and direction of the school board or its appointed
13hearing officer, suggest questions to be posed by the school
14board or its appointed hearing officer to the alleged victim.
15    (c) The Department of Human Services shall be invited to
16send a representative to consult with the board at such
17meeting whenever there is evidence that mental illness may be
18the cause for expulsion or suspension.
19    (c-5) School districts shall make reasonable efforts to
20provide ongoing professional development to teachers,
21administrators, school board members, school resource
22officers, and staff on the adverse consequences of school
23exclusion and justice-system involvement, effective classroom
24management strategies, culturally responsive discipline, the
25appropriate and available supportive services for the
26promotion of student attendance and engagement, and

 

 

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1developmentally appropriate disciplinary methods that promote
2positive and healthy school climates.
3    (d) The board may expel a student for a definite period of
4time not to exceed 2 calendar years, as determined on a
5case-by-case basis. A student who is determined to have
6brought one of the following objects to school, any
7school-sponsored activity or event, or any activity or event
8that bears a reasonable relationship to school shall be
9expelled for a period of not less than one year:
10        (1) A firearm. For the purposes of this Section,
11    "firearm" means any gun, rifle, shotgun, weapon as defined
12    by Section 921 of Title 18 of the United States Code,
13    firearm as defined in Section 1.1 of the Firearm Owners
14    Identification Card Act, or firearm as defined in Section
15    24-1 of the Criminal Code of 2012. The expulsion period
16    under this subdivision (1) may be modified by the
17    superintendent, and the superintendent's determination may
18    be modified by the board on a case-by-case basis.
19        (2) A knife, brass knuckles or other knuckle weapon
20    regardless of its composition, a billy club, or any other
21    object if used or attempted to be used to cause bodily
22    harm, including "look alikes" of any firearm as defined in
23    subdivision (1) of this subsection (d). The expulsion
24    requirement under this subdivision (2) may be modified by
25    the superintendent, and the superintendent's determination
26    may be modified by the board on a case-by-case basis.

 

 

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1Expulsion or suspension shall be construed in a manner
2consistent with the federal Individuals with Disabilities
3Education Act. A student who is subject to suspension or
4expulsion as provided in this Section may be eligible for a
5transfer to an alternative school program in accordance with
6Article 13A of the School Code.
7    (d-5) The board may suspend or by regulation authorize the
8superintendent of the district or the principal, assistant
9principal, or dean of students of any school to suspend a
10student for a period not to exceed 10 school days or may expel
11a student for a definite period of time not to exceed 2
12calendar years, as determined on a case-by-case basis, if (i)
13that student has been determined to have made an explicit
14threat on an Internet website against a school employee, a
15student, or any school-related personnel, (ii) the Internet
16website through which the threat was made is a site that was
17accessible within the school at the time the threat was made or
18was available to third parties who worked or studied within
19the school grounds at the time the threat was made, and (iii)
20the threat could be reasonably interpreted as threatening to
21the safety and security of the threatened individual because
22of his or her duties or employment status or status as a
23student inside the school.
24    (e) To maintain order and security in the schools, school
25authorities may inspect and search places and areas such as
26lockers, desks, parking lots, and other school property and

 

 

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1equipment owned or controlled by the school, as well as
2personal effects left in those places and areas by students,
3without notice to or the consent of the student, and without a
4search warrant. As a matter of public policy, the General
5Assembly finds that students have no reasonable expectation of
6privacy in these places and areas or in their personal effects
7left in these places and areas. School authorities may request
8the assistance of law enforcement officials for the purpose of
9conducting inspections and searches of lockers, desks, parking
10lots, and other school property and equipment owned or
11controlled by the school for illegal drugs, weapons, or other
12illegal or dangerous substances or materials, including
13searches conducted through the use of specially trained dogs.
14If a search conducted in accordance with this Section produces
15evidence that the student has violated or is violating either
16the law, local ordinance, or the school's policies or rules,
17such evidence may be seized by school authorities, and
18disciplinary action may be taken. School authorities may also
19turn over such evidence to law enforcement authorities.
20    (f) Suspension or expulsion may include suspension or
21expulsion from school and all school activities and a
22prohibition from being present on school grounds.
23    (g) A school district may adopt a policy providing that if
24a student is suspended or expelled for any reason from any
25public or private school in this or any other state, the
26student must complete the entire term of the suspension or

 

 

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1expulsion in an alternative school program under Article 13A
2of this Code or an alternative learning opportunities program
3under Article 13B of this Code before being admitted into the
4school district if there is no threat to the safety of students
5or staff in the alternative program. A school district that
6adopts a policy under this subsection (g) must include a
7provision allowing for consideration of any mitigating
8factors, including, but not limited to, a student's status as
9a parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A.
11    (h) School officials shall not advise or encourage
12students to drop out voluntarily due to behavioral or academic
13difficulties.
14    (i) A student may not be issued a monetary fine or fee as a
15disciplinary consequence, though this shall not preclude
16requiring a student to provide restitution for lost, stolen,
17or damaged property.
18    (j) Subsections (a) through (i) of this Section shall
19apply to elementary and secondary schools, charter schools,
20special charter districts, and school districts organized
21under Article 34 of this Code.
22    (k) The expulsion of children enrolled in programs funded
23under Section 1C-2 of this Code is subject to the requirements
24under paragraph (7) of subsection (a) of Section 2-3.71 of
25this Code.
26    (l) Beginning with the 2018-2019 school year, an in-school

 

 

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1suspension program provided by a school district for any
2students in kindergarten through grade 12 may focus on
3promoting non-violent conflict resolution and positive
4interaction with other students and school personnel. A school
5district may employ a school social worker or a licensed
6mental health professional to oversee an in-school suspension
7program in kindergarten through grade 12.
8(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
9100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
107-12-19.)
 
11    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
12    Sec. 10-22.6a. Home instruction; correspondence courses.
13    (a) To provide by home instruction, correspondence courses
14or otherwise courses of instruction for a pupil who is pupils
15who are unable to attend school because of pregnancy or
16pregnancy-related conditions, the fulfillment of parenting
17obligations related to the health of the child, or health and
18safety concerns arising from domestic or sexual violence, as
19defined in Article 26A. Such instruction shall be provided to
20the pupil at each of the following times:
21        (1) Before before the birth of the child when the
22    pupil's physician, physician assistant, or advanced
23    practice nurse has indicated to the district, in writing,
24    that the pupil is medically unable to attend regular
25    classroom instruction. and

 

 

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1        (2) For for up to 3 months following the birth of the
2    child or a miscarriage.
3        (3) When the pupil must care for his or her ill child
4    if (i) the child's physician, physician assistant, or
5    advanced practice registered nurse has indicated to the
6    district, in writing, that the child has a serious health
7    condition that would require the pupil to be absent from
8    school for 2 or more consecutive weeks and (ii) the pupil
9    or the pupil's parent or guardian indicates to the
10    district, in writing, that the pupil is needed to provide
11    care to the child during this period. In this paragraph
12    (3), "serious health condition" means an illness, injury,
13    impairment, or physical or mental health condition that
14    involves inpatient care in a hospital, hospice, or
15    residential medical care facility or continuing treatment
16    by a health care provider that is not controlled by
17    medication alone.
18        (4) The pupil must treat physical or mental health
19    complications or address safety concerns arising from
20    domestic or sexual violence when a healthcare provider or
21    an employee of the pupil's domestic or sexual violence
22    organization, as defined in Article 26A has indicated to
23    the district, in writing, that the care is needed by the
24    pupil and will cause the pupil's absence from school for 2
25    or more consecutive weeks.
26A school district may reassess home instruction provided to a

 

 

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1pupil under paragraph (3) or (4) every 2 months to determine
2the pupil's continuing need for instruction under this
3Section.
4    The instruction course shall be designed to offer
5educational experiences that are equivalent to those given to
6pupils at the same grade level in the district and that are
7designed to enable the pupil to return to the classroom.
8    (b) Notwithstanding any other provision of this Code or
9State law to the contrary, if a pupil is unable to attend
10regular classes because of the reasons set forth in subsection
11(a) and has participated in instruction under this Section
12that is administered by the school or the school district,
13then the pupil may not be penalized for grading purposes or be
14denied course completion, a return to regular classroom
15instruction, grade level advancement, or graduation solely on
16the basis of the pupil's participation in instruction under
17this Section or the pupil's absence from the regular education
18program during the period of instruction under this Section. A
19school or school district may not use instruction under this
20Section to replace making support services available so that
21pupils who are parents, expectant parents, or victims of
22domestic or sexual violence may receive regular classroom
23instruction.
24(Source: P.A. 100-443, eff. 8-25-17.)
 
25    (105 ILCS 5/13A-11)

 

 

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

 

 

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1    Sec. 22-60. Unfunded mandates prohibited.
2    (a) No public school district or private school is
3obligated to comply with the following types of mandates
4unless a separate appropriation has been enacted into law
5providing full funding for the mandate for the school year
6during which the mandate is required:
7        (1) Any mandate in this Code enacted after the
8    effective date of this amendatory Act of the 96th General
9    Assembly.
10        (2) Any regulatory mandate promulgated by the State
11    Board of Education and adopted by rule after the effective
12    date of this amendatory Act of the 96th General Assembly
13    other than those promulgated with respect to this Section
14    or statutes already enacted on or before the effective
15    date of this amendatory Act of the 96th General Assembly.
16    (b) If the amount appropriated to fund a mandate described
17in subsection (a) of this Section does not fully fund the
18mandated activity, then the school district or private school
19may choose to discontinue or modify the mandated activity to
20ensure that the costs of compliance do not exceed the funding
21received.
22    Before discontinuing or modifying the mandate, the school
23district shall petition its regional superintendent of schools
24on or before February 15 of each year to request to be exempt
25from implementing the mandate in a school or schools in the
26next school year. The petition shall include all legitimate

 

 

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

 

 

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

 

 

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1federal American Recovery and Reinvestment Act of 2009 imposed
2on school districts designated as being in the lowest
3performing 5% of schools within the Race to the Top Grant
4application, or (iii) any changes made to this Code by this
5amendatory Act of the 102nd General Assembly.
6    (d) In any instances in which this Section conflicts with
7the State Mandates Act, the State Mandates Act shall prevail.
8(Source: P.A. 96-1441, eff. 8-20-10.)
 
9    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
10    Sec. 26-2a. A "truant" is defined as a child who is subject
11to compulsory school attendance and who is absent without
12valid cause, as defined under this Section, from such
13attendance for more than 1% but less than 5% of the past 180
14school days.
15    "Valid cause" for absence shall be illness, attendance at
16a verified medical or therapeutic appointment, appointment
17with a victim services provider, observance of a religious
18holiday, death in the immediate family, or family emergency,
19and shall include such other situations beyond the control of
20the student as determined by the board of education in each
21district, or such other circumstances which cause reasonable
22concern to the parent for the mental, emotional, or physical
23health or safety of the student. For purposes of a student who
24is an expectant parent, or parent, or victim of domestic or
25sexual violence, "valid cause" for absence includes (i) the

 

 

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1fulfillment of a parenting responsibility, including, but not
2limited to, arranging and providing child care, caring for a
3sick child, attending prenatal or other medical appointments
4for the expectant student, and attending medical appointments
5for a child, and (ii) addressing circumstances resulting from
6domestic or sexual violence, including, but not limited to,
7experiencing domestic or sexual violence, recovering from
8physical or psychological injuries, seeking medical attention,
9seeking services from a domestic or sexual violence
10organization, as defined in Article 26A, seeking psychological
11or other counseling, participating in safety planning,
12temporarily or permanently relocating, seeking legal
13assistance or remedies, or taking any other action to increase
14the safety or health of the student or to protect the student
15from future domestic or sexual violence. A school district may
16require a student to verify his or her claim of domestic or
17sexual violence under Section 26A-45 prior to the district
18approving a valid cause for an absence of 3 or more consecutive
19days that is related to domestic or sexual violence.
20    "Chronic or habitual truant" shall be defined as a child
21who is subject to compulsory school attendance and who is
22absent without valid cause from such attendance for 5% or more
23of the previous 180 regular attendance days.
24    "Truant minor" is defined as a chronic truant to whom
25supportive services, including prevention, diagnostic,
26intervention and remedial services, alternative programs and

 

 

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1other school and community resources have been provided and
2have failed to result in the cessation of chronic truancy, or
3have been offered and refused.
4    A "dropout" is defined as any child enrolled in grades 9
5through 12 whose name has been removed from the district
6enrollment roster for any reason other than the student's
7death, extended illness, removal for medical non-compliance,
8expulsion, aging out, graduation, or completion of a program
9of studies and who has not transferred to another public or
10private school and is not known to be home-schooled by his or
11her parents or guardians or continuing school in another
12country.
13    "Religion" for the purposes of this Article, includes all
14aspects of religious observance and practice, as well as
15belief.
16(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
17101-81, eff. 7-12-19.)
 
18    (105 ILCS 5/Art. 26A heading new)
19
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
20
EXPECTANT PARENTS, OR VICTIMS OF
21
DOMESTIC OR SEXUAL VIOLENCE

 
22    (105 ILCS 5/26A-1 new)
23    Sec. 26A-1. Scope of Article. This Article applies to all
24school districts and schools governed by this Code, including

 

 

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1schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
234. However, this Article does not apply to the Department of
3Juvenile Justice School District.
 
4    (105 ILCS 5/26A-5 new)
5    Sec. 26A-5. Purpose. The purpose of this Article is to
6ensure that Illinois schools have policies, procedures, or
7both, in place that enable children and students who are
8parents, expectant parents, or victims of domestic or sexual
9violence to be identified by schools in a manner respectful of
10their privacy and safety, treated with dignity and regard, and
11provided the protection, instruction, and related services
12necessary to enable them to meet State educational standards
13and successfully attain a school diploma. This Article shall
14be interpreted liberally to aid in this purpose. Nothing in
15this Article precludes or may be used to preclude a mandated
16reporter from reporting child abuse or child neglect as
17required under the Abused and Neglected Child Reporting Act.
 
18    (105 ILCS 5/26A-10 new)
19    Sec. 26A-10. Definitions. In this Article:
20    "Confidential" means information or facts expected and
21intended to be kept private or protected by an existing
22privilege in the Code of Civil Procedure. Confidential
23information may be disclosed by a school or school district if
24such disclosure is required by State or federal law or is

 

 

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1necessary to complete proceedings relevant to this Article.
2Designation of student information as confidential applies to
3the school and school district and does not limit a student's
4right to speak about the student's experiences.
5    "Consent" includes, at a minimum, a recognition that (i)
6consent is a freely given agreement to sexual activity, (ii)
7an individual's lack of verbal or physical resistance or
8submission resulting from the use of threat of force does not
9constitute consent, (iii) an individual's manner of dress does
10not constitute consent, (iv) an individual's consent to past
11sexual activity does not constitute consent to future sexual
12activity, (v) an individual's consent to engage in one type of
13sexual activity with one person does not constitute consent to
14engage in any other type of sexual activity or sexual activity
15with another person, (vi) an individual can withdraw consent
16at any time, and (vii) an individual cannot consent to sexual
17activity if that individual is unable to understand the nature
18of the activity or give knowing consent due to the
19circumstances that include, but are not limited to, all the
20following:
21        (1) The individual is incapacitated due to the use or
22    influence of alcohol or drugs.
23        (2) The individual is asleep or unconscious.
24        (3) The individual is under the age of consent.
25        (4) The individual is incapacitated due to a mental
26    disability.

 

 

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1    "Domestic or sexual violence" means domestic violence,
2gender-based harassment, sexual activity without consent,
3sexual assault, sexual violence, or stalking. Domestic or
4sexual violence may occur through electronic communication.
5Domestic or sexual violence exists regardless of when or where
6the violence occurred, whether or not the violence is the
7subject of a criminal investigation or the perpetrator has
8been criminally charged or convicted of a crime, whether or
9not an order of protection or a no-contact order is pending
10before or has been issued by a court, or whether or not any
11domestic or sexual violence took place on school grounds,
12during regular school hours, or during a school-sponsored
13event.
14    "Domestic or sexual violence organization" means a
15nonprofit, nongovernmental organization that provides
16assistance to victims of domestic or sexual violence or
17advocates for those victims, including an organization
18carrying out a domestic or sexual violence program, an
19organization operating a shelter or a rape crisis center or
20providing counseling services, an accredited children's
21advocacy center, an organization that provides services to or
22advocates on behalf of children and students who are gay,
23lesbian, bisexual, transgender, or gender nonconforming, an
24organization that provides services to or advocates on behalf
25of children and students who are parents or expectant parents,
26or an organization seeking to eliminate domestic or sexual

 

 

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1violence or to address the consequences of that violence for
2its victims through legislative advocacy or policy change,
3public education, or service collaboration.
4    "Domestic violence" means abuse, as defined in the
5Illinois Domestic Violence Act of 1986, by family or household
6members, as defined in the Illinois Domestic Violence Act of
71986.
8    "Electronic communication" includes communications via
9telephone, mobile phone, computer, email, video recorder, fax
10machine, telex, pager, apps or applications, or any other
11electronic communication or cyberstalking under Section 12-7.5
12of the Criminal Code of 2012.
13    "Expectant parent" means a student who (i) is pregnant and
14(ii) has not yet received a diploma for completion of a
15secondary education, as defined in Section 22-22.
16    "Gender-based harassment" means any harassment or
17discrimination on the basis of an individual's actual or
18perceived sex or gender, including unwelcome sexual advances,
19requests for sexual favors, other verbal or physical conduct
20of a sexual nature, or unwelcome conduct, including verbal,
21nonverbal, or physical conduct that is not sexual in nature
22but is related to a student's status as a parent, expectant
23parent, or victim of domestic or sexual violence.
24    "Harassment" means any unwelcome conduct on the basis of a
25student's actual or perceived race, gender, color, religion,
26national origin, ancestry, sex, marital status, order of

 

 

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1protection status, disability, sexual orientation, gender
2identity, pregnancy, or citizenship status that has the
3purpose or effect of substantially interfering with the
4individual's academic performance or creating an intimidating,
5hostile, or offensive learning environment.
6    "Perpetrator" means an individual who commits or is
7alleged to have committed any act of domestic or sexual
8violence. The term "perpetrator" must be used with caution
9when applied to children, particularly young children.
10    "Poor academic performance" means a student who has (i)
11scored in the 50th percentile or below on a school
12district-administered standardized test, (ii) received a score
13on a State assessment that does not meet standards in one or
14more of the fundamental learning areas under Section 27-1, as
15applicable for the student's grade level, or (iii) not met
16grade-level expectations on a school district-designated
17assessment.
18    "Representative" means an adult who is authorized to act
19on behalf of a student during a proceeding, including an
20attorney, parent, or guardian.
21    "School" means a school district or school governed by
22this Code, including a school operating under Article 13, 13A,
2313B, 27A, 32, 33, or 34, other than the Department of Juvenile
24Justice School District. "School" includes any other entity
25responsible for administering public schools, such as
26cooperatives, joint agreements, charter schools, special

 

 

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1charter districts, regional offices of education, local
2agencies, or the Department of Human Services, and nonpublic
3schools recognized by the State Board of Education.
4    "Sexual activity" means any knowingly touching or fondling
5by one person, either directly or through clothing, of the sex
6organs, anus, mouth, or breast of another person for the
7purpose of sexual gratification or arousal.
8    "Sexual assault" or "sexual violence" means any conduct of
9an adult or minor child proscribed in Article 11 of the
10Criminal Code of 2012, except for Sections 11-35, 11-40, and
1111-45 of the Criminal Code of 2012, including conduct
12committed by a perpetrator who is a stranger to the victim and
13conduct by a perpetrator who is known or related by blood or
14marriage to the victim.
15    "Stalking" means any conduct proscribed in Section 12-7.3,
1612-7.4, or 12-7.5 of the Criminal Code of 2012, including
17stalking committed by a perpetrator who is a stranger to the
18victim and stalking committed by a perpetrator who is known or
19related by blood or marriage to the victim.
20    "Student" or "pupil" means any child who has not yet
21received a diploma for completion of a secondary education.
22"Student" includes, but is not limited to, an unaccompanied
23minor not in the physical custody of a parent or guardian.
24    "Student at risk of academic failure" means a student who
25is at risk of failing to meet the Illinois Learning Standards
26or failing to graduate from elementary or high school and who

 

 

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1demonstrates a need for educational support or social services
2beyond those provided by the regular school program.
3    "Student parent" means a student who is a custodial or
4noncustodial parent taking an active role in the care and
5supervision of a child and who has not yet received a diploma
6for completion of a secondary education.
7    "Support person" means any person whom the victim has
8chosen to include in proceedings for emotional support or
9safety. A support person does not participate in proceedings
10but is permitted to observe and support the victim with parent
11or guardian approval. "Support person" may include, but is not
12limited to, an advocate, clergy, a counselor, and a parent or
13guardian. If a student is age 18 years or older, the student
14has the right to choose a support person without parent or
15guardian approval.
16    "Survivor-centered" means a systematic focus on the needs
17and concerns of a survivor of sexual violence, domestic
18violence, dating violence, or stalking that (i) ensures the
19compassionate and sensitive delivery of services in a
20nonjudgmental manner, (ii) ensures an understanding of how
21trauma affects survivor behavior, (iii) maintains survivor
22safety, privacy, and, if possible, confidentiality, and (iv)
23recognizes that a survivor is not responsible for the sexual
24violence, domestic violence, dating violence, or stalking.
25    "Trauma-informed response" means a response involving an
26understanding of the complexities of sexual violence, domestic

 

 

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1violence, dating violence, or stalking through training
2centered on the neurobiological impact of trauma, the
3influence of societal myths and stereotypes surrounding sexual
4violence, domestic violence, dating violence, or stalking, and
5understanding the behavior of perpetrators.
6    "Victim" means an individual who has been subjected to one
7or more acts of domestic or sexual violence.
 
8    (105 ILCS 5/26A-15 new)
9    Sec. 26A-15. Ensuring Success in School Task Force.
10    (a) The Ensuring Success in School Task Force is created
11to draft and publish model policies and intergovernmental
12agreements for inter-district transfers; draft and publish
13model complaint resolution procedures as required in
14subsection (c) of Section 26A-25; identify current mandatory
15educator and staff training and additional new trainings
16needed to meet the requirements as required in Section 26A-25
17and Section 26A-35. These recommended policies and agreements
18shall be survivor-centered and rooted in trauma-informed
19responses and used to support all students, from
20pre-kindergarten through grade 12, who are survivors of
21domestic or sexual violence, regardless of whether the
22perpetrator is school-related or not, or who are parenting or
23pregnant, regardless of whether the school is a public school,
24nonpublic school, or charter school.
25    (b) The Task Force shall be representative of the

 

 

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1geographic, racial, ethnic, sexual orientation, gender
2identity, and cultural diversity of this State. The Task Force
3shall consist of all of the following members, who must be
4appointed no later than 60 days after the effective date of
5this amendatory Act of the 102nd General Assembly:
6        (1) One Representative appointed by the Speaker of the
7    House of Representatives.
8        (2) One Representative appointed by the Minority
9    Leader of the House of Representatives.
10        (3) One Senator appointed by the President of the
11    Senate.
12        (4) One Senator appointed by the Minority Leader of
13    the Senate.
14        (5) One member who represents a State-based
15    organization that advocates for lesbian, gay, bisexual,
16    transgender, and queer people appointed by the State
17    Superintendent of Education.
18        (6) One member who represents a State-based,
19    nonprofit, nongovernmental organization that advocates for
20    survivors of domestic violence appointed by the State
21    Superintendent of Education.
22        (7) One member who represents a statewide, nonprofit,
23    nongovernmental organization that advocates for survivors
24    of sexual violence appointed by the State Superintendent
25    of Education.
26        (8) One member who represents a statewide, nonprofit,

 

 

10200HB3223sam001- 32 -LRB102 10689 CMG 26616 a

1    nongovernmental organization that offers free legal
2    services, including victim's rights representation, to
3    survivors of domestic violence or sexual violence
4    appointed by the State Superintendent of Education.
5        (9) One member who represents an organization that
6    advocates for pregnant or parenting youth appointed by the
7    State Superintendent of Education.
8        (10) One member who represents a youth-led
9    organization with expertise in domestic and sexual
10    violence appointed by the State Superintendent of
11    Education.
12        (11) One member who represents the Children's Advocacy
13    Centers of Illinois appointed by the State Superintendent
14    of Education.
15        (12) One representative of the State Board of
16    Education appointed by the State Superintendent of
17    Education.
18        (13) One member who represents a statewide
19    organization of social workers appointed by the State
20    Superintendent of Education.
21        (14) One member who represents a statewide
22    organization for school psychologists appointed by the
23    State Superintendent of Education.
24        (15) One member who represents a statewide
25    organization of school counselors appointed by the State
26    Superintendent of Education.

 

 

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1        (16) One member who represents a statewide
2    professional teachers' organization appointed by the State
3    Superintendent of Education.
4        (17) One member who represents a different statewide
5    professional teachers' organization appointed by the State
6    Superintendent of Education.
7        (18) One member who represents a statewide
8    organization for school boards appointed by the State
9    Superintendent of Education.
10        (19) One member who represents a statewide
11    organization for school principals appointed by the State
12    Superintendent of Education.
13        (20) One member who represents a school district
14    organized under Article 34 appointed by the State
15    Superintendent of Education.
16        (21) One member who represents an association
17    representing rural school superintendents appointed by the
18    State Superintendent of Education.
19    (c) The Task Force shall first meet at the call of the
20State Superintendent of Education, and each subsequent meeting
21shall be called by the chairperson, who shall be designated by
22the State Superintendent of Education. The State Board of
23Education shall provide administrative and other support to
24the Task Force. Members of the Task Force shall serve without
25compensation.
26    (d) On or before June 30, 2024, the Task Force shall report

 

 

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1its work, including model policies, guidance recommendations,
2and agreements, to the Governor and the General Assembly. The
3report must include all of the following:
4        (1) Model school and district policies to facilitate
5    inter-district transfers for student survivors of domestic
6    or sexual violence, expectant parents, and parents. These
7    policies shall place high value on being accessible and
8    expeditious for student survivors and pregnant and
9    parenting students.
10        (2) Model school and district policies to ensure
11    confidentiality and privacy considerations for student
12    survivors of domestic or sexual violence, expectant
13    parents, and parents. These policies must include guidance
14    regarding appropriate referrals for nonschool-based
15    services.
16        (3) Model school and district complaint resolution
17    procedures as prescribed by Section 26A-25.
18        (4) Guidance for schools and districts regarding which
19    mandatory training that is currently required for educator
20    licenses or under State or federal law would be suitable
21    to fulfill training requirements for resource personnel as
22    prescribed by Section 26A-35 and for the staff tasked with
23    implementing the complaint resolution procedure as
24    prescribed by Section 26A-25. The guidance shall evaluate
25    all relevant mandatory or recommended training, including,
26    but not limited to, the training required under subsection

 

 

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1    (j) of Section 4 of the Abused and Neglected Child
2    Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and
3    27-23.7 of this Code, and subsections (d) and (f) of
4    Section 10-22.39 of this Code. The guidance must also
5    identify what gaps in training exist, including, but not
6    limited to, training on trauma-informed responses and
7    racial and gender equity, and make recommendations for
8    future training programs that should be required or
9    recommended for the positions as prescribed by Sections
10    26A-25 and 26A-35.
11    (e) The Task Force is dissolved upon submission of its
12report under subsection (d).
13    (f) This Section is repealed on December 1, 2023.
 
14    (105 ILCS 5/26A-20 new)
15    Sec. 26A-20. Review and revision of policies and
16procedures.
17    (a) No later than July 1, 2024 and every 2 years
18thereafter, each school district must review all existing
19policies and procedures and must revise any existing policies
20and procedures that may act as a barrier to the immediate
21enrollment and re-enrollment, attendance, graduation, and
22success in school of any student who is a student parent,
23expectant student parent, or victim of domestic or sexual
24violence or any policies or procedures that may compromise a
25criminal investigation relating to domestic or sexual violence

 

 

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1or may re-victimize students. A school district must adopt new
2policies and procedures, as needed, to implement this Section
3and to ensure that immediate and effective steps are taken to
4respond to students who are student parents, expectant
5parents, or victims of domestic or sexual violence.
6    (b) A school district's policy must be consistent with the
7model policy and procedures adopted by the State Board of
8Education and under Public Act 101-531.
9    (c) A school district's policy on the procedures that a
10student or his or her parent or guardian may follow if he or
11she chooses to report an incident of alleged domestic or
12sexual violence must, at a minimum, include all of the
13following:
14        (1) The name and contact information for domestic or
15    sexual violence and parenting resource personnel, the
16    Title IX coordinator, school and school district resource
17    officers or security, and a community-based domestic or
18    sexual violence organization.
19        (2) The name, title, and contact information for
20    confidential resources and a description of what
21    confidential reporting means.
22        (3) An option for the student or the student's parent
23    or guardian to electronically, anonymously, and
24    confidentially report the incident.
25        (4) An option for reports by third parties and
26    bystanders.

 

 

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1        (5) Information regarding the various individuals,
2    departments, or organizations to whom a student may report
3    an incident of domestic or sexual violence, specifying for
4    each individual or entity (i) the extent of the
5    individual's or entity's reporting obligation to the
6    school's or school district's administration, Title IX
7    coordinator, or other personnel or entity, (ii) the
8    individual's or entity's ability to protect the student's
9    privacy, and (iii) the extent of the individual's or
10    entity's ability to have confidential communications with
11    the student or his or her parent or guardian.
12        (6) The adoption of a complaint resolution procedure
13    as provided in Section 26A-25.
14    (d) A school district must post its revised policies and
15procedures on its website, distribute them at the beginning of
16each school year to each student, and make copies available to
17each student and his or her parent or guardian for inspection
18and copying at no cost to the student or parent or guardian at
19each school within a school district.
 
20    (105 ILCS 5/26A-25 new)
21    Sec. 26A-25. Complaint resolution procedure.
22    (a) On or before July 1, 2024, each school district must
23adopt one procedure to resolve complaints of violations of
24this amendatory Act of the 102nd General Assembly. The
25respondent must be one or more of the following: the school,

 

 

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1school district, or school personnel. These procedures shall
2comply with the confidentiality provisions of Sections 26A-20
3and 26A-30. The procedures must include, at minimum, all of
4the following:
5        (1) The opportunity to consider the most appropriate
6    means to execute the procedure considering school safety,
7    the developmental level of students, methods to reduce
8    trauma during the procedure, and how to avoid multiple
9    communications with students involved with an alleged
10    incident of domestic or sexual violence.
11        (2) Any proceeding, meeting, or hearing held to
12    resolve complaints of any violation of this amendatory Act
13    of the 102nd General Assembly must protect the privacy of
14    the participating parties and witnesses. A school, school
15    district, or school personnel may not disclose the
16    identity of parties or witnesses, except as necessary to
17    resolve the complaint or to implement interim protective
18    measures and reasonable support services or when required
19    by State or federal law.
20        (3) Complainants alleging violations of this
21    amendatory Act of the 102nd General Assembly must have the
22    opportunity to request that the complaint resolution
23    procedure begin promptly and proceed in a timely manner.
24    (b) A school district must determine the individuals who
25will resolve complaints of violations of this amendatory Act
26of the 102nd General Assembly.

 

 

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1        (1) All individuals whose duties include resolution of
2    complaints of violations of this amendatory Act of the
3    102nd General Assembly must complete a minimum of 8 hours
4    of training on issues related to domestic and sexual
5    violence and how to conduct the school's complaint
6    resolution procedure, which may include the in-service
7    training required under subsection (d) of Section
8    10-22.39, before commencement of those duties, and must
9    receive a minimum of 6 hours of such training annually
10    thereafter. This training must be conducted by an
11    individual or individuals with expertise in domestic or
12    sexual violence in youth and expertise in developmentally
13    appropriate communications with elementary and secondary
14    school students regarding topics of a sexual, violent, or
15    sensitive nature.
16        (2) Each school must have a sufficient number of
17    individuals trained to resolve complaints so that (i) a
18    substitution can occur in the case of a conflict of
19    interest or recusal, (ii) an individual with no prior
20    involvement in the initial determination or finding may
21    hear any appeal brought by a party, and (iii) the
22    complaint resolution procedure proceeds in a timely
23    manner.
24        (3) The complainant and any witnesses shall (i)
25    receive notice of the name of the individual with
26    authority to make a finding or approve an accommodation in

 

 

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1    the proceeding before the individual may initiate contact
2    with the complainant and any witnesses and (ii) have the
3    opportunity to request a substitution if the participation
4    of an individual with authority to make a finding or
5    approve an accommodation poses a conflict of interest.
6    (c) When the alleged violation of this amendatory Act of
7the 102nd General Assembly involves making a determination or
8finding of responsibility of causing harm:
9        (1) The individual making the finding must use a
10    preponderance of evidence standard to determine whether
11    the incident occurred.
12        (2) The complainant and respondent and any witnesses
13    may not directly or through a representative question one
14    another. At the discretion of the individual resolving the
15    complaint, the complainant and the respondent may suggest
16    questions to be posed by the individual resolving the
17    complaint and if the individual resolving the complaint
18    decides to pose such questions.
19        (3) A live hearing is not required. If the complaint
20    resolution procedure includes a hearing, no student who is
21    a witness, including the complainant, may be compelled to
22    testify in the presence of a party or other witness. If a
23    witness invokes this right to testify outside the presence
24    of the other party or other witnesses, then the school
25    district must provide an option by which each party may,
26    at a minimum, hear such witnesses' testimony.

 

 

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1    (d) Each party and witness may request and must be allowed
2to have a representative or support persons of their choice
3accompany them to any meeting or proceeding related to the
4alleged violence or violation of this amendatory Act of the
5102nd General Assembly if the involvement of the
6representative or support persons does not result in undue
7delay of the meeting or proceeding. This representative or
8support persons must comply with any rules of the school
9district's complaint resolution procedure. If the
10representative or support persons violate the rules or engage
11in behavior or advocacy that harasses, abuses, or intimidates
12either part, a witness, or an individual resolving the
13complaint, the representative or support person may be
14prohibited from further participation in the meeting or
15proceeding.
16    (e) The complainant, regardless of the level of
17involvement in the complaint resolution procedure, and the
18respondent must have the opportunity to provide or present
19evidence and witnesses on their behalf during the complaint
20resolution procedure.
21    (f) The complainant and respondent and any named
22perpetrator directly impacted by the results of the complaint
23resolution procedure, are entitled to simultaneous written
24notification of the results of the complaint resolution
25procedure, including information regarding appeals rights and
26procedures, within 10 business days after a decision or sooner

 

 

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1if required by State or federal law or district policy.
2        (1) The complainant, respondents, and named
3    perpetrator if directly impacted by the results of the
4    complaint resolution procedure must, at a minimum, have
5    the right to timely appeal the complaint resolution
6    procedure's findings or remedies if a party alleges (i) a
7    procedural error occurred, (ii) new information exists
8    that would substantially change the outcome of the
9    proceeding, (iii) the remedy is not sufficiently related
10    to the finding, or (iv) the decision is against the weight
11    of the evidence.
12        (2) An individual reviewing the findings or remedies
13    may not have previously participated in the complaint
14    resolution procedure and may not have a conflict of
15    interest with either party.
16        (3) The complainant and respondent and any
17    perpetrators directly impacted by the results of the
18    complaint resolution procedure must receive the appeal
19    decision, in writing, within 10 business days, but never
20    more than 15 business days, after the conclusion of the
21    review of findings or remedies or sooner if required by
22    State or federal law.
23    (g) Each school district must have a procedure to
24determine interim protective measures and support services
25available pending the resolution of the complaint including
26the implementation of court orders.
 

 

 

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1    (105 ILCS 5/26A-30 new)
2    Sec. 26A-30. Confidentiality.
3    (a) Each school district must adopt and implement a policy
4and protocol to ensure that all information concerning a
5student's status and related experiences as a parent,
6expectant parent, or victim of domestic or sexual violence, or
7a student who is a named perpetrator of domestic or sexual
8violence, provided to or otherwise obtained by the school
9district or its employees or agents under this Code of
10otherwise, including a statement of the student or any other
11documentation, record, or corroborating evidence of that the
12student has requested or obtained assistance, or services
13under this Code, shall be retained in the strictest confidence
14by the school district or its employees or agents, and may not
15be disclosed to any other individual, including any other
16employee, except if such actions are (i) in conflict with the
17Illinois School Student Records Act, the Family Educational
18Rights and Privacy Act, or other applicable State and federal
19law, or (ii) requested or consented to in writing by the
20student, or the student's parent or guardian if it is safe to
21obtain written consent from the student's parent or guardian.
22    (b) Prior to disclosing information about a student's
23status as a parent, expectant parent, or victim of domestic or
24sexual violence, a school must notify the student and discuss
25and address any safety concerns related to the disclosure,

 

 

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

 

 

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1Permission from the student's parent or guardian may not be
2pursued if the student alleges that his or her health or safety
3would be threatened if the school or school district contracts
4the student's parent or guardian to obtain permission. Nothing
5in this Section prohibits the school or school district from
6taking other steps to investigate the violence or from
7contacting persons not named by the student or the student's
8parent or guardian as unsafe to contact. Nothing in this
9Section prohibits the school or school district from taking
10reasonable steps to protect students. If the reasonable steps
11taken to protect students involve the above prohibited
12conduct, the school must provide notice to the reporting
13student in writing and in a developmentally appropriate
14communication format of its intent to contact the parties
15named to be unsafe.
16    (e) A school district must take all actions necessary to
17comply with this Section, unless in conflict with the Illinois
18School Student Records Act, the Family Educational Rights and
19Privacy Act, or other applicable State and federal law, no
20later than July 1, 2024.
 
21    (105 ILCS 5/26A-35 new)
22    Sec. 26A-35. Domestic or sexual violence and parenting
23resource personnel.
24    (a) Each school district shall designate or appoint at
25least one staff person at each school in the district who is

 

 

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1employed at least part time at the school and who is a school
2social worker, school psychologist, school counselor, school
3nurse, or school administrator trained to address, in a
4survivor-centered, trauma responsive, culturally responsive,
5confidential, and sensitive manner, the needs of students who
6are parents, expectant parents, or victims of domestic or
7sexual violence. The designated or appointed staff person must
8have all of the following duties:
9        (1) To connect students who are parents, expectant
10    parents, or victims of domestic or sexual violence to
11    appropriate in-school services or other agencies,
12    programs, or services as needed.
13        (2) To coordinate the implementation of the school's
14    and school district's policies, procedures, and protocols
15    in cases involving student allegations of domestic or
16    sexual violence.
17        (3) To coordinate the implementation of the school's
18    and school district's policies and procedures as set forth
19    in provisions of this Code concerning students who are
20    parents, expectant parents, or victims of domestic or
21    sexual violence.
22        (4) To assist students described in paragraph (1) in
23    their efforts to exercise and preserve their rights as set
24    forth in provisions of this Code concerning students who
25    are parents, expectant parents, or victims of domestic or
26    sexual violence.

 

 

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1        (5) To assist in providing staff development to
2    establish a positive and sensitive learning environment
3    for students described in paragraph (1).
4    (b) A member of staff who is designated or appointed under
5subsection (a) must (i) be trained to understand, provide
6information and referrals, and address issues pertaining to
7youth who are parents, expectant parents, or victims of
8domestic or sexual violence, including the theories and
9dynamics of domestic and sexual violence, the necessity for
10confidentiality and the law, policy, procedures, and protocols
11implementing confidentiality, and the notification of the
12student's parent or guardian regarding the student's status as
13a parent, expectant parent, or victim of domestic or sexual
14violence or the enforcement of the student's rights under this
15Code if the notice of the student's status or the involvement
16of the student's parent or guardian may put the health or
17safety of the student at risk, including the rights of minors
18to consent to counseling services and psychotherapy under the
19Mental Health and Developmental Disabilities Code, or (ii) at
20a minimum, have participated in an in-service training program
21under subsection (d) of Section 10-22.39 that includes
22training on the rights of minors to consent to counseling
23services and psychotherapy under the Mental Health and
24Developmental Disabilities Code within 12 months prior to his
25or her designation or appointment.
26    (c) A school district must designate or appoint and train

 

 

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1all domestic or sexual violence and parenting resource
2personnel, and the personnel must assist in implementing the
3duties as described in this Section no later than June 30,
42024, except in those school districts in which there exists a
5collective bargaining agreement on the effective date of this
6amendatory Act of the 102nd General Assembly and the
7implementation of this Section would be a violation of that
8collective bargaining agreement. If implementation of some
9activities required under this Section is prevented by an
10existing collective bargaining agreement, a school district
11must comply with this Section to the fullest extent allowed by
12the existing collective bargaining agreement no later than
13June 30, 2024. In those instances in which a collective
14bargaining agreement that either fully or partially prevents
15full implementation of this Section expires after June 30,
162024, a school district must designate or appoint and train
17all domestic and sexual violence and parenting resource
18personnel, who shall implement the duties described in this
19Section no later than the effective date of the new collective
20bargaining agreement that immediately succeeds the collective
21bargaining agreement in effect on the effective date of this
22amendatory Act of the 102nd General Assembly.
 
23    (105 ILCS 5/26A-40 new)
24    Sec. 26A-40. Support and services.
25    (a) To facilitate the full participation of students who

 

 

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1are parents, expectant parents, or victims of domestic or
2sexual violence, each school district must provide those
3students with in-school support services and information
4regarding nonschool-based support services, and the ability to
5make up work missed on account of circumstances related to the
6student's status as a parent, expectant parent, or victim of
7domestic or sexual violence. Victims of domestic or sexual
8violence must have access to those supports and services
9regardless of when or where the violence for which they are
10seeking supports and services occurred. All supports and
11services must be offered for as long as necessary to maintain
12the mental and physical well-being and safety of the student.
13Schools may periodically check on students receiving supports
14and services to determine whether each support and service
15continues to be necessary to maintain the mental and physical
16well-being and safety of the student or whether termination is
17appropriate.
18    (b) Supports provided under subsection (a) shall include,
19but are not limited to (i) the provision of sufficiently
20private settings to ensure confidentiality and time off from
21class for meetings with counselors or other service providers,
22(ii) assisting the student with a student success plan, (iii)
23transferring a victim of domestic or sexual violence or the
24student perpetrator to a different classroom or school, if
25available, (iv) changing a seating assignment, (v)
26implementing in-school, school grounds, and bus safety

 

 

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1procedures, (vi) honoring court orders, including orders of
2protection and no-contact orders to the fullest extent
3possible, and (vii) providing any other supports that may
4facilitate the full participation in the regular education
5program of students who are parents, expectant parents, or
6victims of domestic or sexual violence.
7    (c) If a student who is a parent, expectant parent, or
8victim of domestic or sexual violence is a student at risk of
9academic failure or displays poor academic performance, the
10student or the student's parent or guardian may request that
11the school district provide the student with or refer the
12student to education and support services designed to assist
13the student in meeting State learning standards. A school
14district may either provide education or support services
15directly or may collaborate with public or private State,
16local, or community-based organizations or agencies that
17provide these services. A school district must also inform
18those students about support services of nonschool-based
19organizations and agencies from which those students typically
20receive services in the community.
21    (d) Any student who is unable, because of circumstances
22related to the student's status as a parent, expectant parent,
23or victim of domestic or sexual violence, to participate in
24classes on a particular day or days or at the particular time
25of day must be excused in accordance with the procedures set
26forth in this Code. Upon student or parent or guardian's

 

 

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1request, the teachers and of the school administrative
2personnel and officials shall make available to each student
3who is unable to participate because of circumstances related
4to the student's status as a parent, expectant parent, or
5victim of domestic or sexual violence a meaningful opportunity
6to make up any examination, study, or work requirement that
7the student has missed because of the inability to participate
8on any particular day or days or at any particular time of day.
9For a student receiving homebound instruction, it is the
10responsibility of the student and parent to work with the
11school or school district to meet academic standards for
12matriculation, as defined by school district policy. Costs
13assessed by the school district on the student for
14participation in those activities shall be considered waivable
15fees for any student whose parent or guardian is unable to
16afford them, consistent with Section 10-20.13. Each school
17district must adopt written policies for waiver of those fees
18in accordance with rules adopted by the State Board of
19Education.
20    (e) If a school or school district employee or agent
21becomes aware of or suspects a student's status as a parent,
22expectant parent, or victim of domestic or sexual violence, it
23is the responsibility of the employee or agent of the school or
24school district to refer the student to the school district's
25domestic or sexual violence and parenting resource personnel
26set forth in Section 26A-35. A school district must make

 

 

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

 

 

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1or older of the availability of counseling without parental or
2guardian consent under Section 3-5A-105 (to be renumbered as
3Section 3-550 in a revisory bill as of the effective date of
4this amendatory Act of the 102nd General Assembly) of the
5Mental Health and Developmental Disabilities Code. This
6information must also be provided to students immediately
7after any school personnel becomes aware that a student is a
8parent, expectant parent, or victim of domestic or sexual
9violence.
10    (i) All domestic or sexual violence organizations and
11their staff and any other nonschool organization and its staff
12shall maintain confidentiality under federal and State laws
13and their professional ethics policies regardless of when or
14where information, advice, counseling, or any other
15interaction with students takes place. A school or school
16district may not request or require those organizations or
17individuals to breach confidentiality.
 
18    (105 ILCS 5/26A-45 new)
19    Sec. 26A-45. Verification.
20    (a) For purposes of students asserting their rights under
21provisions relating to domestic or sexual violence in Sections
2210-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
23school district may require verification of the claim. The
24student or the student's parents or guardians shall choose
25which form of verification to submit to the school district. A

 

 

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1school district may only require one form of verification,
2unless the student is requesting a transfer to another school,
3in which case the school district may require 2 forms of
4verification. All forms of verification received by a school
5district under this subsection (a) must be kept in a
6confidential temporary file, in accordance with the Illinois
7School Student Records Act. Any one of the following shall be
8an acceptable form of verification of a student's claim of
9domestic or sexual violence:
10        (1) A written statement from the student or anyone who
11    has knowledge of the circumstances that support the
12    student's claim. This may be in the form of a complaint.
13        (2) A police report, government agency record, or
14    court record.
15        (3) A statement or other documentation from a domestic
16    or sexual violence organization or any other organization
17    from which the student sought services or advice.
18        (4) Documentation from a lawyer, clergy person,
19    medical professional, or other professional from whom the
20    student sought services or advice related to domestic or
21    sexual violence.
22        (5) Any other evidence, such as physical evidence of
23    violence, which supports the claim.
24    (b) A student or a student's parent or guardian who has
25provided acceptable verification that the student is or has
26been a victim of domestic or sexual violence may not be

 

 

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1required to provide any additional verification if the
2student's efforts to assert rights under this Code stem from a
3claim involving the same perpetrator or the same incident of
4violence. No school or school district shall request or
5require additional documentation.
6    (c) The person named to be the perpetrator, the
7perpetrator's family, or any other person named by the student
8or the student's parent or guardian to be unsafe to contact may
9not be contacted to verify the violence, except to the extent
10that the district determines that it has an obligation to do so
11based on federal or State law or safety concerns for the school
12community, including such concerns for the victim. Prior to
13making contact, a school must notify the student and his or his
14parent or guardian in writing and in a developmentally
15appropriate manner, and discuss and address any safety
16concerns related to making such contact.
 
17    (105 ILCS 5/26A-50 new)
18    Sec. 26A-50. Prohibited practices. No school or school
19district may take any adverse action against a student who is a
20parent, expectant parent, or victim of domestic or sexual
21violence because the student or his or her parent or guardian
22(i) exercises or attempts to exercise his or her rights under
23this amendatory Act of the 102nd General Assembly, (ii)
24opposes practices that the student or his or her parent or
25guardian believes to be in violation of this amendatory Act of

 

 

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1the 102nd General Assembly, or (iii) supports the exercise of
2the rights of another under this amendatory Act of the 102nd
3General Assembly. Exercising rights under this amendatory Act
4of the 102nd General Assembly includes, but is not limited to,
5filing a complaint with the school district as set forth in
6this Code or in any manner requesting, availing himself or
7herself of, or declining any of the provisions of this Code,
8including, but not limited to, supports and services.
 
9    (105 ILCS 5/27A-5)
10    Sec. 27A-5. Charter school; legal entity; requirements.
11    (a) A charter school shall be a public, nonsectarian,
12nonreligious, non-home based, and non-profit school. A charter
13school shall be organized and operated as a nonprofit
14corporation or other discrete, legal, nonprofit entity
15authorized under the laws of the State of Illinois.
16    (b) A charter school may be established under this Article
17by creating a new school or by converting an existing public
18school or attendance center to charter school status.
19Beginning on April 16, 2003 (the effective date of Public Act
2093-3), in all new applications to establish a charter school
21in a city having a population exceeding 500,000, operation of
22the charter school shall be limited to one campus. The changes
23made to this Section by Public Act 93-3 do not apply to charter
24schools existing or approved on or before April 16, 2003 (the
25effective date of Public Act 93-3).

 

 

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1    (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6    From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15    (c) A charter school shall be administered and governed by
16its board of directors or other governing body in the manner
17provided in its charter. The governing body of a charter
18school shall be subject to the Freedom of Information Act and
19the Open Meetings Act. No later than January 1, 2021 (one year
20after the effective date of Public Act 101-291), a charter
21school's board of directors or other governing body must
22include at least one parent or guardian of a pupil currently
23enrolled in the charter school who may be selected through the
24charter school or a charter network election, appointment by
25the charter school's board of directors or other governing
26body, or by the charter school's Parent Teacher Organization

 

 

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1or its equivalent.
2    (c-5) No later than January 1, 2021 (one year after the
3effective date of Public Act 101-291) or within the first year
4of his or her first term, every voting member of a charter
5school's board of directors or other governing body shall
6complete a minimum of 4 hours of professional development
7leadership training to ensure that each member has sufficient
8familiarity with the board's or governing body's role and
9responsibilities, including financial oversight and
10accountability of the school, evaluating the principal's and
11school's performance, adherence to the Freedom of Information
12Act and the Open Meetings Act, and compliance with education
13and labor law. In each subsequent year of his or her term, a
14voting member of a charter school's board of directors or
15other governing body shall complete a minimum of 2 hours of
16professional development training in these same areas. The
17training under this subsection may be provided or certified by
18a statewide charter school membership association or may be
19provided or certified by other qualified providers approved by
20the State Board of Education.
21    (d) For purposes of this subsection (d), "non-curricular
22health and safety requirement" means any health and safety
23requirement created by statute or rule to provide, maintain,
24preserve, or safeguard safe or healthful conditions for
25students and school personnel or to eliminate, reduce, or
26prevent threats to the health and safety of students and

 

 

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1school personnel. "Non-curricular health and safety
2requirement" does not include any course of study or
3specialized instructional requirement for which the State
4Board has established goals and learning standards or which is
5designed primarily to impart knowledge and skills for students
6to master and apply as an outcome of their education.
7    A charter school shall comply with all non-curricular
8health and safety requirements applicable to public schools
9under the laws of the State of Illinois. On or before September
101, 2015, the State Board shall promulgate and post on its
11Internet website a list of non-curricular health and safety
12requirements that a charter school must meet. The list shall
13be updated annually no later than September 1. Any charter
14contract between a charter school and its authorizer must
15contain a provision that requires the charter school to follow
16the list of all non-curricular health and safety requirements
17promulgated by the State Board and any non-curricular health
18and safety requirements added by the State Board to such list
19during the term of the charter. Nothing in this subsection (d)
20precludes an authorizer from including non-curricular health
21and safety requirements in a charter school contract that are
22not contained in the list promulgated by the State Board,
23including non-curricular health and safety requirements of the
24authorizing local school board.
25    (e) Except as otherwise provided in the School Code, a
26charter school shall not charge tuition; provided that a

 

 

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1charter school may charge reasonable fees for textbooks,
2instructional materials, and student activities.
3    (f) A charter school shall be responsible for the
4management and operation of its fiscal affairs including, but
5not limited to, the preparation of its budget. An audit of each
6charter school's finances shall be conducted annually by an
7outside, independent contractor retained by the charter
8school. To ensure financial accountability for the use of
9public funds, on or before December 1 of every year of
10operation, each charter school shall submit to its authorizer
11and the State Board a copy of its audit and a copy of the Form
12990 the charter school filed that year with the federal
13Internal Revenue Service. In addition, if deemed necessary for
14proper financial oversight of the charter school, an
15authorizer may require quarterly financial statements from
16each charter school.
17    (g) A charter school shall comply with all provisions of
18this Article, the Illinois Educational Labor Relations Act,
19all federal and State laws and rules applicable to public
20schools that pertain to special education and the instruction
21of English learners, and its charter. A charter school is
22exempt from all other State laws and regulations in this Code
23governing public schools and local school board policies;
24however, a charter school is not exempt from the following:
25        (1) Sections 10-21.9 and 34-18.5 of this Code
26    regarding criminal history records checks and checks of

 

 

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1    the Statewide Sex Offender Database and Statewide Murderer
2    and Violent Offender Against Youth Database of applicants
3    for employment;
4        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
5    34-84a of this Code regarding discipline of students;
6        (3) the Local Governmental and Governmental Employees
7    Tort Immunity Act;
8        (4) Section 108.75 of the General Not For Profit
9    Corporation Act of 1986 regarding indemnification of
10    officers, directors, employees, and agents;
11        (5) the Abused and Neglected Child Reporting Act;
12        (5.5) subsection (b) of Section 10-23.12 and
13    subsection (b) of Section 34-18.6 of this Code;
14        (6) the Illinois School Student Records Act;
15        (7) Section 10-17a of this Code regarding school
16    report cards;
17        (8) the P-20 Longitudinal Education Data System Act;
18        (9) Section 27-23.7 of this Code regarding bullying
19    prevention;
20        (10) Section 2-3.162 of this Code regarding student
21    discipline reporting;
22        (11) Sections 22-80 and 27-8.1 of this Code;
23        (12) Sections 10-20.60 and 34-18.53 of this Code;
24        (13) Sections 10-20.63 and 34-18.56 of this Code;
25        (14) Section 26-18 of this Code;
26        (15) Section 22-30 of this Code;

 

 

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1        (16) Sections 24-12 and 34-85 of this Code;
2        (17) the Seizure Smart School Act; and
3        (18) Section 2-3.64a-10 of this Code; and .
4        (19) Article 26A of this Code.
5    The change made by Public Act 96-104 to this subsection
6(g) is declaratory of existing law.
7    (h) A charter school may negotiate and contract with a
8school district, the governing body of a State college or
9university or public community college, or any other public or
10for-profit or nonprofit private entity for: (i) the use of a
11school building and grounds or any other real property or
12facilities that the charter school desires to use or convert
13for use as a charter school site, (ii) the operation and
14maintenance thereof, and (iii) the provision of any service,
15activity, or undertaking that the charter school is required
16to perform in order to carry out the terms of its charter.
17However, a charter school that is established on or after
18April 16, 2003 (the effective date of Public Act 93-3) and that
19operates in a city having a population exceeding 500,000 may
20not contract with a for-profit entity to manage or operate the
21school during the period that commences on April 16, 2003 (the
22effective date of Public Act 93-3) and concludes at the end of
23the 2004-2005 school year. Except as provided in subsection
24(i) of this Section, a school district may charge a charter
25school reasonable rent for the use of the district's
26buildings, grounds, and facilities. Any services for which a

 

 

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1charter school contracts with a school district shall be
2provided by the district at cost. Any services for which a
3charter school contracts with a local school board or with the
4governing body of a State college or university or public
5community college shall be provided by the public entity at
6cost.
7    (i) In no event shall a charter school that is established
8by converting an existing school or attendance center to
9charter school status be required to pay rent for space that is
10deemed available, as negotiated and provided in the charter
11agreement, in school district facilities. However, all other
12costs for the operation and maintenance of school district
13facilities that are used by the charter school shall be
14subject to negotiation between the charter school and the
15local school board and shall be set forth in the charter.
16    (j) A charter school may limit student enrollment by age
17or grade level.
18    (k) If the charter school is approved by the State Board or
19Commission, then the charter school is its own local education
20agency.
21(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
22100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
236-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
24eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
25101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
263-8-21.)
 

 

 

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1    (105 ILCS 5/34-18.24)
2    Sec. 34-18.24. Transfer of students.
3    (a) The board shall establish and implement a policy
4governing the transfer of a student from one attendance center
5to another within the school district upon the request of the
6student's parent or guardian. A student may not transfer to
7any of the following attendance centers, except by change in
8residence if the policy authorizes enrollment based on
9residence in an attendance area or unless approved by the
10board on an individual basis:
11        (1) An attendance center that exceeds or as a result
12    of the transfer would exceed its attendance capacity.
13        (2) An attendance center for which the board has
14    established academic criteria for enrollment if the
15    student does not meet the criteria.
16        (3) Any attendance center if the transfer would
17    prevent the school district from meeting its obligations
18    under a State or federal law, court order, or consent
19    decree applicable to the school district.
20(b) The board shall establish and implement a policy governing
21the transfer of students within the school district from a
22persistently dangerous attendance center to another attendance
23center in that district that is not deemed to be persistently
24dangerous. In order to be considered a persistently dangerous
25attendance center, the attendance center must meet all of the

 

 

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1following criteria for 2 consecutive years:
2        (1) Have greater than 3% of the students enrolled in
3    the attendance center expelled for violence-related
4    conduct.
5        (2) Have one or more students expelled for bringing a
6    firearm to school as defined in 18 U.S.C. 921.
7        (3) Have at least 3% of the students enrolled in the
8    attendance center exercise the individual option to
9    transfer attendance centers pursuant to subsection (c) of
10    this Section.
11    (c) A student may transfer from one attendance center to
12another attendance center within the district if the student
13is a victim of a violent crime as defined in Section 3 of the
14Rights of Crime Victims and Witnesses Act. The violent crime
15must have occurred on school grounds during regular school
16hours or during a school-sponsored event.
17    (d) (Blank).
18    (e) Notwithstanding any other provision of this Code, a
19student who is a victim of domestic or sexual violence, as
20defined in Article 26A, must be allowed to transfer to another
21school immediately and as needed if the student's continued
22attendance at a particular attendance center, school facility,
23or school location poses a risk to the student's mental or
24physical well-being or safety. A student who transfers to
25another school under this subsection (e) due to domestic or
26sexual violence must have full and immediate access to

 

 

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1extracurricular activities and any programs or activities
2offered by or under the auspices of the school to which the
3student has transferred. The school district may not require a
4student who is a victim of domestic or sexual violence to
5transfer to another school. No adverse or prejudicial effects
6may result to any student who is a victim of domestic or sexual
7violence because of the student availing himself or herself of
8or declining the provisions of this subsection (e). The school
9district may require a student to verify his or her claim of
10domestic or sexual violence under Section 26A-45 before
11approving a transfer to another school under this subsection
12(e).
13(Source: P.A. 100-1046, eff. 8-23-18.)
 
14    Section 10. The Illinois School Student Records Act is
15amended by changing Section 2 as follows:
 
16    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
17    Sec. 2. As used in this Act: ,
18    (a) "Student" means any person enrolled or previously
19enrolled in a school.
20    (b) "School" means any public preschool, day care center,
21kindergarten, nursery, elementary or secondary educational
22institution, vocational school, special educational facility
23or any other elementary or secondary educational agency or
24institution and any person, agency or institution which

 

 

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1maintains school student records from more than one school,
2but does not include a private or non-public school.
3    (c) "State Board" means the State Board of Education.
4    (d) "School Student Record" means any writing or other
5recorded information concerning a student and by which a
6student may be individually identified, maintained by a school
7or at its direction or by an employee of a school, regardless
8of how or where the information is stored. The following shall
9not be deemed school student records under this Act: writings
10or other recorded information maintained by an employee of a
11school or other person at the direction of a school for his or
12her exclusive use; provided that all such writings and other
13recorded information are destroyed not later than the
14student's graduation or permanent withdrawal from the school;
15and provided further that no such records or recorded
16information may be released or disclosed to any person except
17a person designated by the school as a substitute unless they
18are first incorporated in a school student record and made
19subject to all of the provisions of this Act. School student
20records shall not include information maintained by law
21enforcement professionals working in the school.
22    (e) "Student Permanent Record" means the minimum personal
23information necessary to a school in the education of the
24student and contained in a school student record. Such
25information may include the student's name, birth date,
26address, grades and grade level, parents' names and addresses,

 

 

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1attendance records, and such other entries as the State Board
2may require or authorize.
3    (f) "Student Temporary Record" means all information
4contained in a school student record but not contained in the
5student permanent record. Such information may include family
6background information, intelligence test scores, aptitude
7test scores, psychological and personality test results,
8teacher evaluations, and other information of clear relevance
9to the education of the student, all subject to regulations of
10the State Board. The information shall include all of the
11following:
12        (1) Information information provided under Section 8.6
13    of the Abused and Neglected Child Reporting Act and
14    information contained in service logs maintained by a
15    local education agency under subsection (d) of Section
16    14-8.02f of the School Code.
17        (2) Information In addition, the student temporary
18    record shall include information regarding serious
19    disciplinary infractions that resulted in expulsion,
20    suspension, or the imposition of punishment or sanction.
21    For purposes of this provision, serious disciplinary
22    infractions means: infractions involving drugs, weapons,
23    or bodily harm to another.
24        (3) Information concerning a student's status and
25    related experiences as a parent, expectant parent, or
26    victim of domestic or sexual violence, as defined in

 

 

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1    Article 26A of the School Code, including a statement of
2    the student or any other documentation, record, or
3    corroborating evidence and the fact that the student has
4    requested or obtained assistance, support, or services
5    related to that status. Enforcement of this paragraph (3)
6    shall follow the procedures provided in Section 26A-40 of
7    the School Code.
8    (g) "Parent" means a person who is the natural parent of
9the student or other person who has the primary responsibility
10for the care and upbringing of the student. All rights and
11privileges accorded to a parent under this Act shall become
12exclusively those of the student upon his 18th birthday,
13graduation from secondary school, marriage or entry into
14military service, whichever occurs first. Such rights and
15privileges may also be exercised by the student at any time
16with respect to the student's permanent school record.
17(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
18    Section 90. The State Mandates Act is amended by adding
19Section 8.45 as follows:
 
20    (30 ILCS 805/8.45 new)
21    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
228 of this Act, no reimbursement by the State is required for
23the implementation of any mandate created by this amendatory
24Act of the 102nd General Assembly.
 

 

 

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1    Section 99. Effective date. This Act takes effect July 1,
22023.".