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

HB3223sam002 102ND GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/17/2021

 

 


 

 


 
10200HB3223sam002LRB102 10689 CMG 26676 a

1
AMENDMENT TO HOUSE BILL 3223

2    AMENDMENT NO. ______. Amend House Bill 3223, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing
6Sections 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
734-18.24 and by adding Article 26A as follows:
 
8    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
9    Sec. 10-22.6. Suspension or expulsion of pupils; school
10searches.
11    (a) To expel pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16or guardians have been requested to appear at a meeting of the

 

 

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

 

 

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1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10    Any suspension shall be reported immediately to the
11parents or guardians guardian of a pupil along with a full
12statement of the reasons for such suspension and a notice of
13their right to a review. The school board must be given a
14summary of the notice, including the reason for the suspension
15and the suspension length. Upon request of the parents or
16guardians guardian, the school board or a hearing officer
17appointed by it shall review such action of the superintendent
18or principal, assistant principal, or dean of students. At
19such review, the parents or guardians guardian of the pupil
20may appear and discuss the suspension with the board or its
21hearing officer. If a hearing officer is appointed by the
22board, he shall report to the board a written summary of the
23evidence heard at the meeting. After its hearing or upon
24receipt of the written report of its hearing officer, the
25board may take such action as it finds appropriate. If a
26student is suspended pursuant to this subsection (b), the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(b-35) must be conducted independently from any ongoing
2criminal investigation or proceeding, and an absence of
3pending or possible criminal charges, criminal investigations,
4or proceedings may not be a factor in school disciplinary
5decisions.
6    (b-40) During a suspension review hearing conducted under
7subsection (b) or an expulsion hearing conducted under
8subsection (a) that involves allegations of sexual violence by
9the student who is subject to discipline, neither the student
10nor his or her representative shall directly question nor have
11direct contact with the alleged victim. The student who is
12subject to discipline or his or her representative may, at the
13discretion and direction of the school board or its appointed
14hearing officer, suggest questions to be posed by the school
15board or its appointed hearing officer to the alleged victim.
16    (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such
18meeting whenever there is evidence that mental illness may be
19the cause for expulsion or suspension.
20    (c-5) School districts shall make reasonable efforts to
21provide ongoing professional development to teachers,
22administrators, school board members, school resource
23officers, and staff on the adverse consequences of school
24exclusion and justice-system involvement, effective classroom
25management strategies, culturally responsive discipline, the
26appropriate and available supportive services for the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (l) Beginning with the 2018-2019 school year, an in-school
2suspension program provided by a school district for any
3students in kindergarten through grade 12 may focus on
4promoting non-violent conflict resolution and positive
5interaction with other students and school personnel. A school
6district may employ a school social worker or a licensed
7mental health professional to oversee an in-school suspension
8program in kindergarten through grade 12.
9(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
10100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
117-12-19.)
 
12    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
13    Sec. 10-22.6a. Home instruction; correspondence courses.
14    (a) To provide by home instruction, correspondence courses
15or otherwise courses of instruction for a pupil who is pupils
16who are unable to attend school because of pregnancy or
17pregnancy-related conditions, the fulfillment of parenting
18obligations related to the health of the child, or health and
19safety concerns arising from domestic or sexual violence, as
20defined in Article 26A. Such instruction shall be provided to
21the pupil at each of the following times:
22        (1) Before before the birth of the child when the
23    pupil's physician, physician assistant, or advanced
24    practice registered nurse has indicated to the district,
25    in writing, that the pupil is medically unable to attend

 

 

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

 

 

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

 

 

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

 

 

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1    (105 ILCS 5/22-60)
2    Sec. 22-60. Unfunded mandates prohibited.
3    (a) No public school district or private school is
4obligated to comply with the following types of mandates
5unless a separate appropriation has been enacted into law
6providing full funding for the mandate for the school year
7during which the mandate is required:
8        (1) Any mandate in this Code enacted after the
9    effective date of this amendatory Act of the 96th General
10    Assembly.
11        (2) Any regulatory mandate promulgated by the State
12    Board of Education and adopted by rule after the effective
13    date of this amendatory Act of the 96th General Assembly
14    other than those promulgated with respect to this Section
15    or statutes already enacted on or before the effective
16    date of this amendatory Act of the 96th General Assembly.
17    (b) If the amount appropriated to fund a mandate described
18in subsection (a) of this Section does not fully fund the
19mandated activity, then the school district or private school
20may choose to discontinue or modify the mandated activity to
21ensure that the costs of compliance do not exceed the funding
22received.
23    Before discontinuing or modifying the mandate, the school
24district shall petition its regional superintendent of schools
25on or before February 15 of each year to request to be exempt
26from implementing the mandate in a school or schools in the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1intervention and remedial services, alternative programs and
2other school and community resources have been provided and
3have failed to result in the cessation of chronic truancy, or
4have been offered and refused.
5    A "dropout" is defined as any child enrolled in grades 9
6through 12 whose name has been removed from the district
7enrollment roster for any reason other than the student's
8death, extended illness, removal for medical non-compliance,
9expulsion, aging out, graduation, or completion of a program
10of studies and who has not transferred to another public or
11private school and is not known to be home-schooled by his or
12her parents or guardians or continuing school in another
13country.
14    "Religion" for the purposes of this Article, includes all
15aspects of religious observance and practice, as well as
16belief.
17(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
18101-81, eff. 7-12-19.)
 
19    (105 ILCS 5/Art. 26A heading new)
20
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
21
EXPECTANT PARENTS, OR VICTIMS OF
22
DOMESTIC OR SEXUAL VIOLENCE

 
23    (105 ILCS 5/26A-1 new)
24    Sec. 26A-1. Scope of Article. This Article applies to all

 

 

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1school districts and schools governed by this Code, including
2schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
334. However, this Article does not apply to the Department of
4Juvenile Justice School District.
 
5    (105 ILCS 5/26A-5 new)
6    Sec. 26A-5. Purpose. The purpose of this Article is to
7ensure that Illinois schools have policies, procedures, or
8both, in place that enable children and students who are
9parents, expectant parents, or victims of domestic or sexual
10violence to be identified by schools in a manner respectful of
11their privacy and safety, treated with dignity and regard, and
12provided the protection, instruction, and related services
13necessary to enable them to meet State educational standards
14and successfully attain a school diploma. This Article shall
15be interpreted liberally to aid in this purpose. Nothing in
16this Article precludes or may be used to preclude a mandated
17reporter from reporting child abuse or child neglect as
18required under the Abused and Neglected Child Reporting Act.
 
19    (105 ILCS 5/26A-10 new)
20    Sec. 26A-10. Definitions. In this Article:
21    "Confidential" means information or facts expected and
22intended to be kept private or protected by an existing
23privilege in the Code of Civil Procedure. Confidential
24information may be disclosed by a school or school district if

 

 

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

 

 

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

 

 

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1or an organization seeking to eliminate domestic or sexual
2violence or to address the consequences of that violence for
3its victims through legislative advocacy or policy change,
4public education, or service collaboration.
5    "Domestic violence" means abuse, as defined in the
6Illinois Domestic Violence Act of 1986, by family or household
7members, as defined in the Illinois Domestic Violence Act of
81986.
9    "Electronic communication" includes communications via
10telephone, mobile phone, computer, email, video recorder, fax
11machine, telex, pager, apps or applications, or any other
12electronic communication or cyberstalking under Section 12-7.5
13of the Criminal Code of 2012.
14    "Expectant parent" means a student who (i) is pregnant and
15(ii) has not yet received a diploma for completion of a
16secondary education, as defined in Section 22-22.
17    "Gender-based harassment" means any harassment or
18discrimination on the basis of an individual's actual or
19perceived sex or gender, including unwelcome sexual advances,
20requests for sexual favors, other verbal or physical conduct
21of a sexual nature, or unwelcome conduct, including verbal,
22nonverbal, or physical conduct that is not sexual in nature
23but is related to a student's status as a parent, expectant
24parent, or victim of domestic or sexual violence.
25    "Harassment" means any unwelcome conduct on the basis of a
26student's actual or perceived race, gender, color, religion,

 

 

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1national origin, ancestry, sex, marital status, order of
2protection status, disability, sexual orientation, gender
3identity, pregnancy, or citizenship status that has the
4purpose or effect of substantially interfering with the
5individual's academic performance or creating an intimidating,
6hostile, or offensive learning environment.
7    "Perpetrator" means an individual who commits or is
8alleged to have committed any act of domestic or sexual
9violence. The term "perpetrator" must be used with caution
10when applied to children, particularly young children.
11    "Poor academic performance" means a student who has (i)
12scored in the 50th percentile or below on a school
13district-administered standardized test, (ii) received a score
14on a State assessment that does not meet standards in one or
15more of the fundamental learning areas under Section 27-1, as
16applicable for the student's grade level, or (iii) not met
17grade-level expectations on a school district-designated
18assessment.
19    "Representative" means an adult who is authorized to act
20on behalf of a student during a proceeding, including an
21attorney, parent, or guardian.
22    "School" means a school district or school governed by
23this Code, including a school operating under Article 13, 13A,
2413B, 27A, 32, 33, or 34, other than the Department of Juvenile
25Justice School District. "School" includes any other entity
26responsible for administering public schools, such as

 

 

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1cooperatives, joint agreements, charter schools, special
2charter districts, regional offices of education, local
3agencies, or the Department of Human Services, and nonpublic
4schools recognized by the State Board of Education.
5    "Sexual activity" means any knowingly touching or fondling
6by one person, either directly or through clothing, of the sex
7organs, anus, mouth, or breast of another person for the
8purpose of sexual gratification or arousal.
9    "Sexual assault" or "sexual violence" means any conduct of
10an adult or minor child proscribed in Article 11 of the
11Criminal Code of 2012, except for Sections 11-35, 11-40, and
1211-45 of the Criminal Code of 2012, including conduct
13committed by a perpetrator who is a stranger to the victim and
14conduct by a perpetrator who is known or related by blood or
15marriage to the victim.
16    "Stalking" means any conduct proscribed in Section 12-7.3,
1712-7.4, or 12-7.5 of the Criminal Code of 2012, including
18stalking committed by a perpetrator who is a stranger to the
19victim and stalking committed by a perpetrator who is known or
20related by blood or marriage to the victim.
21    "Student" or "pupil" means any child who has not yet
22received a diploma for completion of a secondary education.
23"Student" includes, but is not limited to, an unaccompanied
24minor not in the physical custody of a parent or guardian.
25    "Student at risk of academic failure" means a student who
26is at risk of failing to meet the Illinois Learning Standards

 

 

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

 

 

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

 

 

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

 

 

10200HB3223sam002- 32 -LRB102 10689 CMG 26676 a

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

 

 

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

 

 

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1    (d) On or before June 30, 2024, the Task Force shall report
2its work, including model policies, guidance recommendations,
3and agreements, to the Governor and the General Assembly. The
4report must include all of the following:
5        (1) Model school and district policies to facilitate
6    inter-district transfers for student survivors of domestic
7    or sexual violence, expectant parents, and parents. These
8    policies shall place high value on being accessible and
9    expeditious for student survivors and pregnant and
10    parenting students.
11        (2) Model school and district policies to ensure
12    confidentiality and privacy considerations for student
13    survivors of domestic or sexual violence, expectant
14    parents, and parents. These policies must include guidance
15    regarding appropriate referrals for nonschool-based
16    services.
17        (3) Model school and district complaint resolution
18    procedures as prescribed by Section 26A-25.
19        (4) Guidance for schools and districts regarding which
20    mandatory training that is currently required for educator
21    licenses or under State or federal law would be suitable
22    to fulfill training requirements for resource personnel as
23    prescribed by Section 26A-35 and for the staff tasked with
24    implementing the complaint resolution procedure as
25    prescribed by Section 26A-25. The guidance shall evaluate
26    all relevant mandatory or recommended training, including,

 

 

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1    but not limited to, the training required under subsection
2    (j) of Section 4 of the Abused and Neglected Child
3    Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and
4    27-23.7 of this Code, and subsections (d) and (f) of
5    Section 10-22.39 of this Code. The guidance must also
6    identify what gaps in training exist, including, but not
7    limited to, training on trauma-informed responses and
8    racial and gender equity, and make recommendations for
9    future training programs that should be required or
10    recommended for the positions as prescribed by Sections
11    26A-25 and 26A-35.
12    (e) The Task Force is dissolved upon submission of its
13report under subsection (d).
14    (f) This Section is repealed on December 1, 2025.
 
15    (105 ILCS 5/26A-20 new)
16    Sec. 26A-20. Review and revision of policies and
17procedures.
18    (a) No later than July 1, 2024 and every 2 years
19thereafter, each school district must review all existing
20policies and procedures and must revise any existing policies
21and procedures that may act as a barrier to the immediate
22enrollment and re-enrollment, attendance, graduation, and
23success in school of any student who is a student parent,
24expectant student parent, or victim of domestic or sexual
25violence or any policies or procedures that may compromise a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    at a minimum, hear such witnesses' testimony.
2    (d) Each party and witness may request and must be allowed
3to have a representative or support persons of their choice
4accompany them to any meeting or proceeding related to the
5alleged violence or violation of this amendatory Act of the
6102nd General Assembly if the involvement of the
7representative or support persons does not result in undue
8delay of the meeting or proceeding. This representative or
9support persons must comply with any rules of the school
10district's complaint resolution procedure. If the
11representative or support persons violate the rules or engage
12in behavior or advocacy that harasses, abuses, or intimidates
13either part, a witness, or an individual resolving the
14complaint, the representative or support person may be
15prohibited from further participation in the meeting or
16proceeding.
17    (e) The complainant, regardless of the level of
18involvement in the complaint resolution procedure, and the
19respondent must have the opportunity to provide or present
20evidence and witnesses on their behalf during the complaint
21resolution procedure.
22    (f) The complainant and respondent and any named
23perpetrator directly impacted by the results of the complaint
24resolution procedure, are entitled to simultaneous written
25notification of the results of the complaint resolution
26procedure, including information regarding appeals rights and

 

 

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

 

 

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1the implementation of court orders.
 
2    (105 ILCS 5/26A-30 new)
3    Sec. 26A-30. Confidentiality.
4    (a) Each school district must adopt and ensure that it has
5and implements a policy to ensure that all information
6concerning a student's status and related experiences as a
7parent, expectant parent, or victim of domestic or sexual
8violence, or a student who is a named perpetrator of domestic
9or sexual violence, provided to or otherwise obtained by the
10school district or its employees or agents pursuant to this
11Code or otherwise, including a statement of the student or any
12other documentation, record, or corroborating evidence that
13the student has requested or obtained assistance, support, or
14services pursuant to this Code, shall be retained in the
15strictest of confidence by the school district or its
16employees or agents and may not be disclosed to any other
17individual outside of the district, including any other
18employee, except if such disclosure is (i) permitted by the
19Illinois School Student Records Act, the federal Family
20Educational Rights and Privacy Act of 1974, or other
21applicable State or federal laws, or (ii) requested or
22consented to, in writing, by the student or the student's
23parent or guardian if it is safe to obtain written consent from
24the student's parent or guardian.
25    (b) Prior to disclosing information about a student's

 

 

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1status as a parent, expectant parent, or victim of domestic or
2sexual violence, a school must notify the student and discuss
3and address any safety concerns related to the disclosure,
4including instances in which the student indicates or the
5school or school district or its employees or agents are
6otherwise aware that the student's health or safety may be at
7risk if his or her status is disclosed to the student's parent
8or guardian, except as otherwise permitted by applicable State
9or federal law, including the Abused and Neglected Child
10Reporting Act, the Illinois School Student Records Act, the
11federal Family Educational Rights and Privacy Act of 1974, and
12professional ethics policies that govern professional school
13personnel.
14    (c) No student may be required to testify publicly
15concerning his or her status as a victim of domestic or sexual
16violence, allegations of domestic or sexual violence, his or
17her status as a parent or expectant parent, or the student's
18efforts to enforce any of his or her rights under provisions of
19this Code relating to students who are parents, expectant
20parents, or victims of domestic or sexual violence.
21    (d) In the case of domestic or sexual violence, except as
22permitted under State or federal law, or to the extent that a
23school official determines that the school official has an
24obligation to do so based on safety concerns or threats to the
25community, including the victim, a school district must not
26contact the person named to be the perpetrator, the

 

 

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1perpetrator's family, or any other person named by the student
2or named by the student's parent or guardian to be unsafe to
3contact to verify the violence. A school district must not
4contact the perpetrator, the perpetrator's family, or any
5other person named by the student or the student's parent or
6guardian to be unsafe for any other reason without providing
7prior written notice to the student's parent or guardian.
8Nothing in this Section prohibits the school or school
9district from taking other steps to investigate the violence
10or from contacting persons not named by the student or the
11student's parent or guardian as unsafe to contact. Nothing in
12this Section prohibits the school or school district from
13taking reasonable steps to protect students. If the reasonable
14steps taken to protect students involve conduct that is
15prohibited under this subsection, the school must provide
16notice to the reporting student, in writing and in a
17developmentally appropriate communication format, of its
18intent to contact the parties named to be unsafe.
 
19    (105 ILCS 5/26A-35 new)
20    Sec. 26A-35. Domestic or sexual violence and parenting
21resource personnel.
22    (a) Each school district shall designate or appoint at
23least one staff person at each school in the district who is
24employed at least part time at the school and who is a school
25social worker, school psychologist, school counselor, school

 

 

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

 

 

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

 

 

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1duties as described in this Section no later than June 30,
22024, except in those school districts in which there exists a
3collective bargaining agreement on the effective date of this
4amendatory Act of the 102nd General Assembly and the
5implementation of this Section would be a violation of that
6collective bargaining agreement. If implementation of some
7activities required under this Section is prevented by an
8existing collective bargaining agreement, a school district
9must comply with this Section to the fullest extent allowed by
10the existing collective bargaining agreement no later than
11June 30, 2024. In those instances in which a collective
12bargaining agreement that either fully or partially prevents
13full implementation of this Section expires after June 30,
142024, a school district must designate or appoint and train
15all domestic and sexual violence and parenting resource
16personnel, who shall implement the duties described in this
17Section no later than the effective date of the new collective
18bargaining agreement that immediately succeeds the collective
19bargaining agreement in effect on the effective date of this
20amendatory Act of the 102nd General Assembly.
 
21    (105 ILCS 5/26A-40 new)
22    Sec. 26A-40. Support and services.
23    (a) To facilitate the full participation of students who
24are parents, expectant parents, or victims of domestic or
25sexual violence, each school district must provide those

 

 

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1students with in-school support services and information
2regarding nonschool-based support services, and the ability to
3make up work missed on account of circumstances related to the
4student's status as a parent, expectant parent, or victim of
5domestic or sexual violence. Victims of domestic or sexual
6violence must have access to those supports and services
7regardless of when or where the violence for which they are
8seeking supports and services occurred. All supports and
9services must be offered for as long as necessary to maintain
10the mental and physical well-being and safety of the student.
11Schools may periodically check on students receiving supports
12and services to determine whether each support and service
13continues to be necessary to maintain the mental and physical
14well-being and safety of the student or whether termination is
15appropriate.
16    (b) Supports provided under subsection (a) shall include,
17but are not limited to (i) the provision of sufficiently
18private settings to ensure confidentiality and time off from
19class for meetings with counselors or other service providers,
20(ii) assisting the student with a student success plan, (iii)
21transferring a victim of domestic or sexual violence or the
22student perpetrator to a different classroom or school, if
23available, (iv) changing a seating assignment, (v)
24implementing in-school, school grounds, and bus safety
25procedures, (vi) honoring court orders, including orders of
26protection and no-contact orders to the fullest extent

 

 

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1possible, and (vii) providing any other supports that may
2facilitate the full participation in the regular education
3program of students who are parents, expectant parents, or
4victims of domestic or sexual violence.
5    (c) If a student who is a parent, expectant parent, or
6victim of domestic or sexual violence is a student at risk of
7academic failure or displays poor academic performance, the
8student or the student's parent or guardian may request that
9the school district provide the student with or refer the
10student to education and support services designed to assist
11the student in meeting State learning standards. A school
12district may either provide education or support services
13directly or may collaborate with public or private State,
14local, or community-based organizations or agencies that
15provide these services. A school district must also inform
16those students about support services of nonschool-based
17organizations and agencies from which those students typically
18receive services in the community.
19    (d) Any student who is unable, because of circumstances
20related to the student's status as a parent, expectant parent,
21or victim of domestic or sexual violence, to participate in
22classes on a particular day or days or at the particular time
23of day must be excused in accordance with the procedures set
24forth in this Code. Upon student or parent or guardian's
25request, the teachers and of the school administrative
26personnel and officials shall make available to each student

 

 

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

 

 

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1    (f) Each school must honor a student's and a parent's or
2guardian's decision to obtain education and support services
3and nonschool-based support services, to terminate the receipt
4of those education and support services, or nonschool-based
5support services, or to decline participation in those
6education and support services, or nonschool-based support
7services. No student is obligated to use education and support
8services, or nonschool-based support services. In developing
9educational support services, the privacy, mental and physical
10health, and safety of the student shall be of paramount
11concern. No adverse or prejudicial effects may result to any
12student because of the student's availing of or declining the
13provisions of this Section as long as the student is working
14with the school to meet academic standards for matriculation
15as defined by school district policy.
16    (g) Any support services must be available in any school
17or by home or hospital instruction to the highest quality and
18fullest extent possible for the individual setting.
19    (h) School-based counseling services, if available, must
20be offered to students who are parents, expectant parents, or
21victims of domestic or sexual violence consistent with the
22Mental Health and Developmental Disabilities Code. At least
23once every school year, each school district must inform, in
24writing, all school personnel and all students 12 years of age
25or older of the availability of counseling without parental or
26guardian consent under Section 3-5A-105 (to be renumbered as

 

 

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1Section 3-550 in a revisory bill as of the effective date of
2this amendatory Act of the 102nd General Assembly) of the
3Mental Health and Developmental Disabilities Code. This
4information must also be provided to students immediately
5after any school personnel becomes aware that a student is a
6parent, expectant parent, or victim of domestic or sexual
7violence.
8    (i) All domestic or sexual violence organizations and
9their staff and any other nonschool organization and its staff
10shall maintain confidentiality under federal and State laws
11and their professional ethics policies regardless of when or
12where information, advice, counseling, or any other
13interaction with students takes place. A school or school
14district may not request or require those organizations or
15individuals to breach confidentiality.
 
16    (105 ILCS 5/26A-45 new)
17    Sec. 26A-45. Verification.
18    (a) For purposes of students asserting their rights under
19provisions relating to domestic or sexual violence in Sections
2010-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
21school district may require verification of the claim. The
22student or the student's parents or guardians shall choose
23which form of verification to submit to the school district. A
24school district may only require one form of verification,
25unless the student is requesting a transfer to another school,

 

 

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

 

 

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

 

 

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1General Assembly. Exercising rights under this amendatory Act
2of the 102nd General Assembly includes, but is not limited to,
3filing a complaint with the school district as set forth in
4this Code or in any manner requesting, availing himself or
5herself of, or declining any of the provisions of this Code,
6including, but not limited to, supports and services.
 
7    (105 ILCS 5/27A-5)
8    Sec. 27A-5. Charter school; legal entity; requirements.
9    (a) A charter school shall be a public, nonsectarian,
10nonreligious, non-home based, and non-profit school. A charter
11school shall be organized and operated as a nonprofit
12corporation or other discrete, legal, nonprofit entity
13authorized under the laws of the State of Illinois.
14    (b) A charter school may be established under this Article
15by creating a new school or by converting an existing public
16school or attendance center to charter school status.
17Beginning on April 16, 2003 (the effective date of Public Act
1893-3), in all new applications to establish a charter school
19in a city having a population exceeding 500,000, operation of
20the charter school shall be limited to one campus. The changes
21made to this Section by Public Act 93-3 do not apply to charter
22schools existing or approved on or before April 16, 2003 (the
23effective date of Public Act 93-3).
24    (b-5) In this subsection (b-5), "virtual-schooling" means
25a cyber school where students engage in online curriculum and

 

 

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

 

 

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1effective date of Public Act 101-291) or within the first year
2of his or her first term, every voting member of a charter
3school's board of directors or other governing body shall
4complete a minimum of 4 hours of professional development
5leadership training to ensure that each member has sufficient
6familiarity with the board's or governing body's role and
7responsibilities, including financial oversight and
8accountability of the school, evaluating the principal's and
9school's performance, adherence to the Freedom of Information
10Act and the Open Meetings Act, and compliance with education
11and labor law. In each subsequent year of his or her term, a
12voting member of a charter school's board of directors or
13other governing body shall complete a minimum of 2 hours of
14professional development training in these same areas. The
15training under this subsection may be provided or certified by
16a statewide charter school membership association or may be
17provided or certified by other qualified providers approved by
18the State Board of Education.
19    (d) For purposes of this subsection (d), "non-curricular
20health and safety requirement" means any health and safety
21requirement created by statute or rule to provide, maintain,
22preserve, or safeguard safe or healthful conditions for
23students and school personnel or to eliminate, reduce, or
24prevent threats to the health and safety of students and
25school personnel. "Non-curricular health and safety
26requirement" does not include any course of study or

 

 

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1specialized instructional requirement for which the State
2Board has established goals and learning standards or which is
3designed primarily to impart knowledge and skills for students
4to master and apply as an outcome of their education.
5    A charter school shall comply with all non-curricular
6health and safety requirements applicable to public schools
7under the laws of the State of Illinois. On or before September
81, 2015, the State Board shall promulgate and post on its
9Internet website a list of non-curricular health and safety
10requirements that a charter school must meet. The list shall
11be updated annually no later than September 1. Any charter
12contract between a charter school and its authorizer must
13contain a provision that requires the charter school to follow
14the list of all non-curricular health and safety requirements
15promulgated by the State Board and any non-curricular health
16and safety requirements added by the State Board to such list
17during the term of the charter. Nothing in this subsection (d)
18precludes an authorizer from including non-curricular health
19and safety requirements in a charter school contract that are
20not contained in the list promulgated by the State Board,
21including non-curricular health and safety requirements of the
22authorizing local school board.
23    (e) Except as otherwise provided in the School Code, a
24charter school shall not charge tuition; provided that a
25charter school may charge reasonable fees for textbooks,
26instructional materials, and student activities.

 

 

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1    (f) A charter school shall be responsible for the
2management and operation of its fiscal affairs including, but
3not limited to, the preparation of its budget. An audit of each
4charter school's finances shall be conducted annually by an
5outside, independent contractor retained by the charter
6school. To ensure financial accountability for the use of
7public funds, on or before December 1 of every year of
8operation, each charter school shall submit to its authorizer
9and the State Board a copy of its audit and a copy of the Form
10990 the charter school filed that year with the federal
11Internal Revenue Service. In addition, if deemed necessary for
12proper financial oversight of the charter school, an
13authorizer may require quarterly financial statements from
14each charter school.
15    (g) A charter school shall comply with all provisions of
16this Article, the Illinois Educational Labor Relations Act,
17all federal and State laws and rules applicable to public
18schools that pertain to special education and the instruction
19of English learners, and its charter. A charter school is
20exempt from all other State laws and regulations in this Code
21governing public schools and local school board policies;
22however, a charter school is not exempt from the following:
23        (1) Sections 10-21.9 and 34-18.5 of this Code
24    regarding criminal history records checks and checks of
25    the Statewide Sex Offender Database and Statewide Murderer
26    and Violent Offender Against Youth Database of applicants

 

 

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1    for employment;
2        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
3    34-84a of this Code regarding discipline of students;
4        (3) the Local Governmental and Governmental Employees
5    Tort Immunity Act;
6        (4) Section 108.75 of the General Not For Profit
7    Corporation Act of 1986 regarding indemnification of
8    officers, directors, employees, and agents;
9        (5) the Abused and Neglected Child Reporting Act;
10        (5.5) subsection (b) of Section 10-23.12 and
11    subsection (b) of Section 34-18.6 of this Code;
12        (6) the Illinois School Student Records Act;
13        (7) Section 10-17a of this Code regarding school
14    report cards;
15        (8) the P-20 Longitudinal Education Data System Act;
16        (9) Section 27-23.7 of this Code regarding bullying
17    prevention;
18        (10) Section 2-3.162 of this Code regarding student
19    discipline reporting;
20        (11) Sections 22-80 and 27-8.1 of this Code;
21        (12) Sections 10-20.60 and 34-18.53 of this Code;
22        (13) Sections 10-20.63 and 34-18.56 of this Code;
23        (14) Section 26-18 of this Code;
24        (15) Section 22-30 of this Code;
25        (16) Sections 24-12 and 34-85 of this Code;
26        (17) the Seizure Smart School Act; and

 

 

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

 

 

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1charter school contracts with a local school board or with the
2governing body of a State college or university or public
3community college shall be provided by the public entity at
4cost.
5    (i) In no event shall a charter school that is established
6by converting an existing school or attendance center to
7charter school status be required to pay rent for space that is
8deemed available, as negotiated and provided in the charter
9agreement, in school district facilities. However, all other
10costs for the operation and maintenance of school district
11facilities that are used by the charter school shall be
12subject to negotiation between the charter school and the
13local school board and shall be set forth in the charter.
14    (j) A charter school may limit student enrollment by age
15or grade level.
16    (k) If the charter school is approved by the State Board or
17Commission, then the charter school is its own local education
18agency.
19(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
20100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
216-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
22eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
23101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
243-8-21.)
 
25    (105 ILCS 5/34-18.24)

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    corroborating evidence and the fact that the student has
2    requested or obtained assistance, support, or services
3    related to that status. Enforcement of this paragraph (3)
4    shall follow the procedures provided in Section 26A-40 of
5    the School Code.
6    (g) "Parent" means a person who is the natural parent of
7the student or other person who has the primary responsibility
8for the care and upbringing of the student. All rights and
9privileges accorded to a parent under this Act shall become
10exclusively those of the student upon his 18th birthday,
11graduation from secondary school, marriage or entry into
12military service, whichever occurs first. Such rights and
13privileges may also be exercised by the student at any time
14with respect to the student's permanent school record.
15(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
16    Section 90. The State Mandates Act is amended by adding
17Section 8.45 as follows:
 
18    (30 ILCS 805/8.45 new)
19    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
208 of this Act, no reimbursement by the State is required for
21the implementation of any mandate created by this amendatory
22Act of the 102nd General Assembly.
 
23    Section 99. Effective date. This Act takes effect July 1,

 

 

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12025.".