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

HB3223enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3223 EnrolledLRB102 10689 CMG 16018 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB3223 Enrolled- 6 -LRB102 10689 CMG 16018 b

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

 

 

HB3223 Enrolled- 7 -LRB102 10689 CMG 16018 b

1considered in mitigation, including his or her status as a
2parent, expectant parent, or victim of domestic or sexual
3violence, as defined in Article 26A. A representative of the
4parent's or guardian's choice, or of the student's choice if
5emancipated, must be permitted to represent the student
6throughout the proceedings and to address the school board or
7its appointed hearing officer. With the approval of the
8student's parent or guardian, or of the student if
9emancipated, a support person must be permitted to accompany
10the student to any disciplinary hearings or proceedings. The
11representative or support person must comply with any rules of
12the school district's hearing process. If the representative
13or support person violates the rules or engages in behavior or
14advocacy that harasses, abuses, or intimidates either party, a
15witness, or anyone else in attendance at the hearing, the
16representative or support person may be prohibited from
17further participation in the hearing or proceeding. A
18suspension or expulsion proceeding under this subsection
19(b-35) must be conducted independently from any ongoing
20criminal investigation or proceeding, and an absence of
21pending or possible criminal charges, criminal investigations,
22or proceedings may not be a factor in school disciplinary
23decisions.
24    (b-40) During a suspension review hearing conducted under
25subsection (b) or an expulsion hearing conducted under
26subsection (a) that involves allegations of sexual violence by

 

 

HB3223 Enrolled- 8 -LRB102 10689 CMG 16018 b

1the student who is subject to discipline, neither the student
2nor his or her representative shall directly question nor have
3direct contact with the alleged victim. The student who is
4subject to discipline or his or her representative may, at the
5discretion and direction of the school board or its appointed
6hearing officer, suggest questions to be posed by the school
7board or its appointed hearing officer to the alleged victim.
8    (c) The Department of Human Services shall be invited to
9send a representative to consult with the board at such
10meeting whenever there is evidence that mental illness may be
11the cause for expulsion or suspension.
12    (c-5) School districts shall make reasonable efforts to
13provide ongoing professional development to teachers,
14administrators, school board members, school resource
15officers, and staff on the adverse consequences of school
16exclusion and justice-system involvement, effective classroom
17management strategies, culturally responsive discipline, the
18appropriate and available supportive services for the
19promotion of student attendance and engagement, and
20developmentally appropriate disciplinary methods that promote
21positive and healthy school climates.
22    (d) The board may expel a student for a definite period of
23time not to exceed 2 calendar years, as determined on a
24case-by-case basis. A student who is determined to have
25brought one of the following objects to school, any
26school-sponsored activity or event, or any activity or event

 

 

HB3223 Enrolled- 9 -LRB102 10689 CMG 16018 b

1that bears a reasonable relationship to school shall be
2expelled for a period of not less than one year:
3        (1) A firearm. For the purposes of this Section,
4    "firearm" means any gun, rifle, shotgun, weapon as defined
5    by Section 921 of Title 18 of the United States Code,
6    firearm as defined in Section 1.1 of the Firearm Owners
7    Identification Card Act, or firearm as defined in Section
8    24-1 of the Criminal Code of 2012. The expulsion period
9    under this subdivision (1) may be modified by the
10    superintendent, and the superintendent's determination may
11    be modified by the board on a case-by-case basis.
12        (2) A knife, brass knuckles or other knuckle weapon
13    regardless of its composition, a billy club, or any other
14    object if used or attempted to be used to cause bodily
15    harm, including "look alikes" of any firearm as defined in
16    subdivision (1) of this subsection (d). The expulsion
17    requirement under this subdivision (2) may be modified by
18    the superintendent, and the superintendent's determination
19    may be modified by the board on a case-by-case basis.
20Expulsion or suspension shall be construed in a manner
21consistent with the federal Individuals with Disabilities
22Education Act. A student who is subject to suspension or
23expulsion as provided in this Section may be eligible for a
24transfer to an alternative school program in accordance with
25Article 13A of the School Code.
26    (d-5) The board may suspend or by regulation authorize the

 

 

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1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend a
3student for a period not to exceed 10 school days or may expel
4a student for a definite period of time not to exceed 2
5calendar years, as determined on a case-by-case basis, if (i)
6that student has been determined to have made an explicit
7threat on an Internet website against a school employee, a
8student, or any school-related personnel, (ii) the Internet
9website through which the threat was made is a site that was
10accessible within the school at the time the threat was made or
11was available to third parties who worked or studied within
12the school grounds at the time the threat was made, and (iii)
13the threat could be reasonably interpreted as threatening to
14the safety and security of the threatened individual because
15of his or her duties or employment status or status as a
16student inside the school.
17    (e) To maintain order and security in the schools, school
18authorities may inspect and search places and areas such as
19lockers, desks, parking lots, and other school property and
20equipment owned or controlled by the school, as well as
21personal effects left in those places and areas by students,
22without notice to or the consent of the student, and without a
23search warrant. As a matter of public policy, the General
24Assembly finds that students have no reasonable expectation of
25privacy in these places and areas or in their personal effects
26left in these places and areas. School authorities may request

 

 

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1the assistance of law enforcement officials for the purpose of
2conducting inspections and searches of lockers, desks, parking
3lots, and other school property and equipment owned or
4controlled by the school for illegal drugs, weapons, or other
5illegal or dangerous substances or materials, including
6searches conducted through the use of specially trained dogs.
7If a search conducted in accordance with this Section produces
8evidence that the student has violated or is violating either
9the law, local ordinance, or the school's policies or rules,
10such evidence may be seized by school authorities, and
11disciplinary action may be taken. School authorities may also
12turn over such evidence to law enforcement authorities.
13    (f) Suspension or expulsion may include suspension or
14expulsion from school and all school activities and a
15prohibition from being present on school grounds.
16    (g) A school district may adopt a policy providing that if
17a student is suspended or expelled for any reason from any
18public or private school in this or any other state, the
19student must complete the entire term of the suspension or
20expulsion in an alternative school program under Article 13A
21of this Code or an alternative learning opportunities program
22under Article 13B of this Code before being admitted into the
23school district if there is no threat to the safety of students
24or staff in the alternative program. A school district that
25adopts a policy under this subsection (g) must include a
26provision allowing for consideration of any mitigating

 

 

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1factors, including, but not limited to, a student's status as
2a parent, expectant parent, or victim of domestic or sexual
3violence, as defined in Article 26A.
4    (h) School officials shall not advise or encourage
5students to drop out voluntarily due to behavioral or academic
6difficulties.
7    (i) A student may not be issued a monetary fine or fee as a
8disciplinary consequence, though this shall not preclude
9requiring a student to provide restitution for lost, stolen,
10or damaged property.
11    (j) Subsections (a) through (i) of this Section shall
12apply to elementary and secondary schools, charter schools,
13special charter districts, and school districts organized
14under Article 34 of this Code.
15    (k) The expulsion of children enrolled in programs funded
16under Section 1C-2 of this Code is subject to the requirements
17under paragraph (7) of subsection (a) of Section 2-3.71 of
18this Code.
19    (l) Beginning with the 2018-2019 school year, an in-school
20suspension program provided by a school district for any
21students in kindergarten through grade 12 may focus on
22promoting non-violent conflict resolution and positive
23interaction with other students and school personnel. A school
24district may employ a school social worker or a licensed
25mental health professional to oversee an in-school suspension
26program in kindergarten through grade 12.

 

 

HB3223 Enrolled- 13 -LRB102 10689 CMG 16018 b

1(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
2100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
37-12-19.)
 
4    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
5    Sec. 10-22.6a. Home instruction; correspondence courses.
6    (a) To provide by home instruction, correspondence courses
7or otherwise courses of instruction for a pupil who is pupils
8who are unable to attend school because of pregnancy or
9pregnancy-related conditions, the fulfillment of parenting
10obligations related to the health of the child, or health and
11safety concerns arising from domestic or sexual violence, as
12defined in Article 26A. Such instruction shall be provided to
13the pupil at each of the following times:
14        (1) Before before the birth of the child when the
15    pupil's physician, physician assistant, or advanced
16    practice registered nurse has indicated to the district,
17    in writing, that the pupil is medically unable to attend
18    regular classroom instruction. and
19        (2) For for up to 3 months following the birth of the
20    child or a miscarriage.
21        (3) When the pupil must care for his or her ill child
22    if (i) the child's physician, physician assistant, or
23    advanced practice registered nurse has indicated to the
24    district, in writing, that the child has a serious health
25    condition that would require the pupil to be absent from

 

 

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1    school for 2 or more consecutive weeks and (ii) the pupil
2    or the pupil's parent or guardian indicates to the
3    district, in writing, that the pupil is needed to provide
4    care to the child during this period. In this paragraph
5    (3), "serious health condition" means an illness, injury,
6    impairment, or physical or mental health condition that
7    involves inpatient care in a hospital, hospice, or
8    residential medical care facility or continuing treatment
9    by a health care provider that is not controlled by
10    medication alone.
11        (4) The pupil must treat physical or mental health
12    complications or address safety concerns arising from
13    domestic or sexual violence when a healthcare provider or
14    an employee of the pupil's domestic or sexual violence
15    organization, as defined in Article 26A has indicated to
16    the district, in writing, that the care is needed by the
17    pupil and will cause the pupil's absence from school for 2
18    or more consecutive weeks.
19A school district may reassess home instruction provided to a
20pupil under paragraph (3) or (4) every 2 months to determine
21the pupil's continuing need for instruction under this
22Section.
23    The instruction course shall be designed to offer
24educational experiences that are equivalent to those given to
25pupils at the same grade level in the district and that are
26designed to enable the pupil to return to the classroom.

 

 

HB3223 Enrolled- 15 -LRB102 10689 CMG 16018 b

1    (b) Notwithstanding any other provision of this Code or
2State law to the contrary, if a pupil is unable to attend
3regular classes because of the reasons set forth in subsection
4(a) and has participated in instruction under this Section
5that is administered by the school or the school district,
6then the pupil may not be penalized for grading purposes or be
7denied course completion, a return to regular classroom
8instruction, grade level advancement, or graduation solely on
9the basis of the pupil's participation in instruction under
10this Section or the pupil's absence from the regular education
11program during the period of instruction under this Section. A
12school or school district may not use instruction under this
13Section to replace making support services available so that
14pupils who are parents, expectant parents, or victims of
15domestic or sexual violence may receive regular classroom
16instruction.
17(Source: P.A. 100-443, eff. 8-25-17.)
 
18    (105 ILCS 5/13A-11)
19    Sec. 13A-11. Chicago public schools.
20    (a) The Chicago Board of Education may establish
21alternative schools within Chicago and may contract with third
22parties for services otherwise performed by employees,
23including those in a bargaining unit, in accordance with
24Sections 34-8.1, 34-18, and 34-49.
25    (b) Alternative schools operated by third parties within

 

 

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1Chicago shall be exempt from all provisions of this Code,
2except provisions concerning:
3        (1) student civil rights;
4        (2) staff civil rights;
5        (3) health and safety;
6        (4) performance and financial audits;
7        (5) the assessments required under Section 2-3.64a-5
8    of this Code;
9        (6) Chicago learning outcomes;
10        (7) Sections 2-3.25a through 2-3.25j of this Code;
11        (8) the Inspector General; and
12        (9) Section 34-2.4b of this Code; and
13        (10) Article 26A and any other provision of this Code
14    concerning students who are parents, expectant parents, or
15    victims of domestic or sexual violence, as defined in
16    Article 26A.
17(Source: P.A. 98-972, eff. 8-15-14.)
 
18    (105 ILCS 5/22-60)
19    Sec. 22-60. Unfunded mandates prohibited.
20    (a) No public school district or private school is
21obligated to comply with the following types of mandates
22unless a separate appropriation has been enacted into law
23providing full funding for the mandate for the school year
24during which the mandate is required:
25        (1) Any mandate in this Code enacted after the

 

 

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1    effective date of this amendatory Act of the 96th General
2    Assembly.
3        (2) Any regulatory mandate promulgated by the State
4    Board of Education and adopted by rule after the effective
5    date of this amendatory Act of the 96th General Assembly
6    other than those promulgated with respect to this Section
7    or statutes already enacted on or before the effective
8    date of this amendatory Act of the 96th General Assembly.
9    (b) If the amount appropriated to fund a mandate described
10in subsection (a) of this Section does not fully fund the
11mandated activity, then the school district or private school
12may choose to discontinue or modify the mandated activity to
13ensure that the costs of compliance do not exceed the funding
14received.
15    Before discontinuing or modifying the mandate, the school
16district shall petition its regional superintendent of schools
17on or before February 15 of each year to request to be exempt
18from implementing the mandate in a school or schools in the
19next school year. The petition shall include all legitimate
20costs associated with implementing and operating the mandate,
21the estimated reimbursement from State and federal sources,
22and any unique circumstances the school district can verify
23that exist that would cause the implementation and operation
24of such a mandate to be cost prohibitive.
25    The regional superintendent of schools shall review the
26petition. In accordance with the Open Meetings Act, he or she

 

 

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1shall convene a public hearing to hear testimony from the
2school district and interested community members. The regional
3superintendent shall, on or before March 15 of each year,
4inform the school district of his or her decision, along with
5the reasons why the exemption was granted or denied, in
6writing. The regional superintendent must also send
7notification to the State Board of Education detailing which
8school districts requested an exemption and the results.
9    If the regional superintendent grants an exemption to the
10school district, then the school district is relieved from the
11requirement to establish and implement the mandate in the
12school or schools granted an exemption for the next school
13year. If the regional superintendent of schools does not grant
14an exemption, then the school district shall implement the
15mandate in accordance with the applicable law or rule by the
16first student attendance day of the next school year. However,
17the school district or a resident of the school district may on
18or before April 15 appeal the decision of the regional
19superintendent to the State Superintendent of Education. The
20State Superintendent shall hear appeals on the decisions of
21regional superintendents of schools no later than May 15 of
22each year. The State Superintendent shall make a final
23decision at the conclusion of the hearing on the school
24district's request for an exemption from the mandate. If the
25State Superintendent grants an exemption, then the school
26district is relieved from the requirement to implement a

 

 

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1mandate in the school or schools granted an exemption for the
2next school year. If the State Superintendent does not grant
3an exemption, then the school district shall implement the
4mandate in accordance with the applicable law or rule by the
5first student attendance day of the next school year.
6    If a school district or private school discontinues or
7modifies a mandated activity due to lack of full funding from
8the State, then the school district or private school shall
9annually maintain and update a list of discontinued or
10modified mandated activities. The list shall be provided to
11the State Board of Education upon request.
12    (c) This Section does not apply to (i) any new statutory or
13regulatory mandates related to revised learning standards
14developed through the Common Core State Standards Initiative
15and assessments developed to align with those standards or
16actions specified in this State's Phase 2 Race to the Top Grant
17application if the application is approved by the United
18States Department of Education, or (ii) new statutory or
19regulatory mandates from the Race to the Top Grant through the
20federal American Recovery and Reinvestment Act of 2009 imposed
21on school districts designated as being in the lowest
22performing 5% of schools within the Race to the Top Grant
23application, or (iii) any changes made to this Code by this
24amendatory Act of the 102nd General Assembly.
25    (d) In any instances in which this Section conflicts with
26the State Mandates Act, the State Mandates Act shall prevail.

 

 

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1(Source: P.A. 96-1441, eff. 8-20-10.)
 
2    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
3    Sec. 26-2a. A "truant" is defined as a child who is subject
4to compulsory school attendance and who is absent without
5valid cause, as defined under this Section, from such
6attendance for more than 1% but less than 5% of the past 180
7school days.
8    "Valid cause" for absence shall be illness, attendance at
9a verified medical or therapeutic appointment, appointment
10with a victim services provider, observance of a religious
11holiday, death in the immediate family, or family emergency,
12and shall include such other situations beyond the control of
13the student as determined by the board of education in each
14district, or such other circumstances which cause reasonable
15concern to the parent for the mental, emotional, or physical
16health or safety of the student. For purposes of a student who
17is an expectant parent, or parent, or victim of domestic or
18sexual violence, "valid cause" for absence includes (i) the
19fulfillment of a parenting responsibility, including, but not
20limited to, arranging and providing child care, caring for a
21sick child, attending prenatal or other medical appointments
22for the expectant student, and attending medical appointments
23for a child, and (ii) addressing circumstances resulting from
24domestic or sexual violence, including, but not limited to,
25experiencing domestic or sexual violence, recovering from

 

 

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1physical or psychological injuries, seeking medical attention,
2seeking services from a domestic or sexual violence
3organization, as defined in Article 26A, seeking psychological
4or other counseling, participating in safety planning,
5temporarily or permanently relocating, seeking legal
6assistance or remedies, or taking any other action to increase
7the safety or health of the student or to protect the student
8from future domestic or sexual violence. A school district may
9require a student to verify his or her claim of domestic or
10sexual violence under Section 26A-45 prior to the district
11approving a valid cause for an absence of 3 or more consecutive
12days that is related to domestic or sexual violence.
13    "Chronic or habitual truant" shall be defined as a child
14who is subject to compulsory school attendance and who is
15absent without valid cause from such attendance for 5% or more
16of the previous 180 regular attendance days.
17    "Truant minor" is defined as a chronic truant to whom
18supportive services, including prevention, diagnostic,
19intervention and remedial services, alternative programs and
20other school and community resources have been provided and
21have failed to result in the cessation of chronic truancy, or
22have been offered and refused.
23    A "dropout" is defined as any child enrolled in grades 9
24through 12 whose name has been removed from the district
25enrollment roster for any reason other than the student's
26death, extended illness, removal for medical non-compliance,

 

 

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1expulsion, aging out, graduation, or completion of a program
2of studies and who has not transferred to another public or
3private school and is not known to be home-schooled by his or
4her parents or guardians or continuing school in another
5country.
6    "Religion" for the purposes of this Article, includes all
7aspects of religious observance and practice, as well as
8belief.
9(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
10101-81, eff. 7-12-19.)
 
11    (105 ILCS 5/Art. 26A heading new)
12
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
13
EXPECTANT PARENTS, OR VICTIMS OF
14
DOMESTIC OR SEXUAL VIOLENCE

 
15    (105 ILCS 5/26A-1 new)
16    Sec. 26A-1. Scope of Article. This Article applies to all
17school districts and schools governed by this Code, including
18schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
1934. However, this Article does not apply to the Department of
20Juvenile Justice School District.
 
21    (105 ILCS 5/26A-5 new)
22    Sec. 26A-5. Purpose. The purpose of this Article is to
23ensure that Illinois schools have policies, procedures, or

 

 

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1both, in place that enable children and students who are
2parents, expectant parents, or victims of domestic or sexual
3violence to be identified by schools in a manner respectful of
4their privacy and safety, treated with dignity and regard, and
5provided the protection, instruction, and related services
6necessary to enable them to meet State educational standards
7and successfully attain a school diploma. This Article shall
8be interpreted liberally to aid in this purpose. Nothing in
9this Article precludes or may be used to preclude a mandated
10reporter from reporting child abuse or child neglect as
11required under the Abused and Neglected Child Reporting Act.
 
12    (105 ILCS 5/26A-10 new)
13    Sec. 26A-10. Definitions. In this Article:
14    "Confidential" means information or facts expected and
15intended to be kept private or protected by an existing
16privilege in the Code of Civil Procedure. Confidential
17information may be disclosed by a school or school district if
18such disclosure is required by State or federal law or is
19necessary to complete proceedings relevant to this Article.
20Designation of student information as confidential applies to
21the school and school district and does not limit a student's
22right to speak about the student's experiences.
23    "Consent" includes, at a minimum, a recognition that (i)
24consent is a freely given agreement to sexual activity, (ii)
25an individual's lack of verbal or physical resistance or

 

 

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1submission resulting from the use of threat of force does not
2constitute consent, (iii) an individual's manner of dress does
3not constitute consent, (iv) an individual's consent to past
4sexual activity does not constitute consent to future sexual
5activity, (v) an individual's consent to engage in one type of
6sexual activity with one person does not constitute consent to
7engage in any other type of sexual activity or sexual activity
8with another person, (vi) an individual can withdraw consent
9at any time, and (vii) an individual cannot consent to sexual
10activity if that individual is unable to understand the nature
11of the activity or give knowing consent due to the
12circumstances that include, but are not limited to, all the
13following:
14        (1) The individual is incapacitated due to the use or
15    influence of alcohol or drugs.
16        (2) The individual is asleep or unconscious.
17        (3) The individual is under the age of consent.
18        (4) The individual is incapacitated due to a mental
19    disability.
20    "Domestic or sexual violence" means domestic violence,
21gender-based harassment, sexual activity without consent,
22sexual assault, sexual violence, or stalking. Domestic or
23sexual violence may occur through electronic communication.
24Domestic or sexual violence exists regardless of when or where
25the violence occurred, whether or not the violence is the
26subject of a criminal investigation or the perpetrator has

 

 

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1been criminally charged or convicted of a crime, whether or
2not an order of protection or a no-contact order is pending
3before or has been issued by a court, or whether or not any
4domestic or sexual violence took place on school grounds,
5during regular school hours, or during a school-sponsored
6event.
7    "Domestic or sexual violence organization" means a
8nonprofit, nongovernmental organization that provides
9assistance to victims of domestic or sexual violence or
10advocates for those victims, including an organization
11carrying out a domestic or sexual violence program, an
12organization operating a shelter or a rape crisis center or
13providing counseling services, an accredited children's
14advocacy center, an organization that provides services to or
15advocates on behalf of children and students who are gay,
16lesbian, bisexual, transgender, or gender nonconforming, an
17organization that provides services to or advocates on behalf
18of children and students who are parents or expectant parents,
19or an organization seeking to eliminate domestic or sexual
20violence or to address the consequences of that violence for
21its victims through legislative advocacy or policy change,
22public education, or service collaboration.
23    "Domestic violence" means abuse, as defined in the
24Illinois Domestic Violence Act of 1986, by family or household
25members, as defined in the Illinois Domestic Violence Act of
261986.

 

 

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1    "Electronic communication" includes communications via
2telephone, mobile phone, computer, email, video recorder, fax
3machine, telex, pager, apps or applications, or any other
4electronic communication or cyberstalking under Section 12-7.5
5of the Criminal Code of 2012.
6    "Expectant parent" means a student who (i) is pregnant and
7(ii) has not yet received a diploma for completion of a
8secondary education, as defined in Section 22-22.
9    "Gender-based harassment" means any harassment or
10discrimination on the basis of an individual's actual or
11perceived sex or gender, including unwelcome sexual advances,
12requests for sexual favors, other verbal or physical conduct
13of a sexual nature, or unwelcome conduct, including verbal,
14nonverbal, or physical conduct that is not sexual in nature
15but is related to a student's status as a parent, expectant
16parent, or victim of domestic or sexual violence.
17    "Harassment" means any unwelcome conduct on the basis of a
18student's actual or perceived race, gender, color, religion,
19national origin, ancestry, sex, marital status, order of
20protection status, disability, sexual orientation, gender
21identity, pregnancy, or citizenship status that has the
22purpose or effect of substantially interfering with the
23individual's academic performance or creating an intimidating,
24hostile, or offensive learning environment.
25    "Perpetrator" means an individual who commits or is
26alleged to have committed any act of domestic or sexual

 

 

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1violence. The term "perpetrator" must be used with caution
2when applied to children, particularly young children.
3    "Poor academic performance" means a student who has (i)
4scored in the 50th percentile or below on a school
5district-administered standardized test, (ii) received a score
6on a State assessment that does not meet standards in one or
7more of the fundamental learning areas under Section 27-1, as
8applicable for the student's grade level, or (iii) not met
9grade-level expectations on a school district-designated
10assessment.
11    "Representative" means an adult who is authorized to act
12on behalf of a student during a proceeding, including an
13attorney, parent, or guardian.
14    "School" means a school district or school governed by
15this Code, including a school operating under Article 13, 13A,
1613B, 27A, 32, 33, or 34, other than the Department of Juvenile
17Justice School District. "School" includes any other entity
18responsible for administering public schools, such as
19cooperatives, joint agreements, charter schools, special
20charter districts, regional offices of education, local
21agencies, or the Department of Human Services, and nonpublic
22schools recognized by the State Board of Education.
23    "Sexual activity" means any knowingly touching or fondling
24by one person, either directly or through clothing, of the sex
25organs, anus, mouth, or breast of another person for the
26purpose of sexual gratification or arousal.

 

 

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1    "Sexual assault" or "sexual violence" means any conduct of
2an adult or minor child proscribed in Article 11 of the
3Criminal Code of 2012, except for Sections 11-35, 11-40, and
411-45 of the Criminal Code of 2012, including conduct
5committed by a perpetrator who is a stranger to the victim and
6conduct by a perpetrator who is known or related by blood or
7marriage to the victim.
8    "Stalking" means any conduct proscribed in Section 12-7.3,
912-7.4, or 12-7.5 of the Criminal Code of 2012, including
10stalking committed by a perpetrator who is a stranger to the
11victim and stalking committed by a perpetrator who is known or
12related by blood or marriage to the victim.
13    "Student" or "pupil" means any child who has not yet
14received a diploma for completion of a secondary education.
15"Student" includes, but is not limited to, an unaccompanied
16minor not in the physical custody of a parent or guardian.
17    "Student at risk of academic failure" means a student who
18is at risk of failing to meet the Illinois Learning Standards
19or failing to graduate from elementary or high school and who
20demonstrates a need for educational support or social services
21beyond those provided by the regular school program.
22    "Student parent" means a student who is a custodial or
23noncustodial parent taking an active role in the care and
24supervision of a child and who has not yet received a diploma
25for completion of a secondary education.
26    "Support person" means any person whom the victim has

 

 

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

 

 

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1    (105 ILCS 5/26A-15 new)
2    Sec. 26A-15. Ensuring Success in School Task Force.
3    (a) The Ensuring Success in School Task Force is created
4to draft and publish model policies and intergovernmental
5agreements for inter-district transfers; draft and publish
6model complaint resolution procedures as required in
7subsection (c) of Section 26A-25; identify current mandatory
8educator and staff training and additional new trainings
9needed to meet the requirements as required in Section 26A-25
10and Section 26A-35. These recommended policies and agreements
11shall be survivor-centered and rooted in trauma-informed
12responses and used to support all students, from
13pre-kindergarten through grade 12, who are survivors of
14domestic or sexual violence, regardless of whether the
15perpetrator is school-related or not, or who are parenting or
16pregnant, regardless of whether the school is a public school,
17nonpublic school, or charter school.
18    (b) The Task Force shall be representative of the
19geographic, racial, ethnic, sexual orientation, gender
20identity, and cultural diversity of this State. The Task Force
21shall consist of all of the following members, who must be
22appointed no later than 60 days after the effective date of
23this amendatory Act of the 102nd General Assembly:
24        (1) One Representative appointed by the Speaker of the
25    House of Representatives.

 

 

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

 

 

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

 

 

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1    organization for school boards appointed by the State
2    Superintendent of Education.
3        (19) One member who represents a statewide
4    organization for school principals appointed by the State
5    Superintendent of Education.
6        (20) One member who represents a school district
7    organized under Article 34 appointed by the State
8    Superintendent of Education.
9        (21) One member who represents an association
10    representing rural school superintendents appointed by the
11    State Superintendent of Education.
12    (c) The Task Force shall first meet at the call of the
13State Superintendent of Education, and each subsequent meeting
14shall be called by the chairperson, who shall be designated by
15the State Superintendent of Education. The State Board of
16Education shall provide administrative and other support to
17the Task Force. Members of the Task Force shall serve without
18compensation.
19    (d) On or before June 30, 2024, the Task Force shall report
20its work, including model policies, guidance recommendations,
21and agreements, to the Governor and the General Assembly. The
22report must include all of the following:
23        (1) Model school and district policies to facilitate
24    inter-district transfers for student survivors of domestic
25    or sexual violence, expectant parents, and parents. These
26    policies shall place high value on being accessible and

 

 

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

 

 

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1    future training programs that should be required or
2    recommended for the positions as prescribed by Sections
3    26A-25 and 26A-35.
4    (e) The Task Force is dissolved upon submission of its
5report under subsection (d).
6    (f) This Section is repealed on December 1, 2025.
 
7    (105 ILCS 5/26A-20 new)
8    Sec. 26A-20. Review and revision of policies and
9procedures.
10    (a) No later than July 1, 2024 and every 2 years
11thereafter, each school district must review all existing
12policies and procedures and must revise any existing policies
13and procedures that may act as a barrier to the immediate
14enrollment and re-enrollment, attendance, graduation, and
15success in school of any student who is a student parent,
16expectant student parent, or victim of domestic or sexual
17violence or any policies or procedures that may compromise a
18criminal investigation relating to domestic or sexual violence
19or may re-victimize students. A school district must adopt new
20policies and procedures, as needed, to implement this Section
21and to ensure that immediate and effective steps are taken to
22respond to students who are student parents, expectant
23parents, or victims of domestic or sexual violence.
24    (b) A school district's policy must be consistent with the
25model policy and procedures adopted by the State Board of

 

 

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1Education and under Public Act 101-531.
2    (c) A school district's policy on the procedures that a
3student or his or her parent or guardian may follow if he or
4she chooses to report an incident of alleged domestic or
5sexual violence must, at a minimum, include all of the
6following:
7        (1) The name and contact information for domestic or
8    sexual violence and parenting resource personnel, the
9    Title IX coordinator, school and school district resource
10    officers or security, and a community-based domestic or
11    sexual violence organization.
12        (2) The name, title, and contact information for
13    confidential resources and a description of what
14    confidential reporting means.
15        (3) An option for the student or the student's parent
16    or guardian to electronically, anonymously, and
17    confidentially report the incident.
18        (4) An option for reports by third parties and
19    bystanders.
20        (5) Information regarding the various individuals,
21    departments, or organizations to whom a student may report
22    an incident of domestic or sexual violence, specifying for
23    each individual or entity (i) the extent of the
24    individual's or entity's reporting obligation to the
25    school's or school district's administration, Title IX
26    coordinator, or other personnel or entity, (ii) the

 

 

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

 

 

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

 

 

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1    10-22.39, before commencement of those duties, and must
2    receive a minimum of 6 hours of such training annually
3    thereafter. This training must be conducted by an
4    individual or individuals with expertise in domestic or
5    sexual violence in youth and expertise in developmentally
6    appropriate communications with elementary and secondary
7    school students regarding topics of a sexual, violent, or
8    sensitive nature.
9        (2) Each school must have a sufficient number of
10    individuals trained to resolve complaints so that (i) a
11    substitution can occur in the case of a conflict of
12    interest or recusal, (ii) an individual with no prior
13    involvement in the initial determination or finding may
14    hear any appeal brought by a party, and (iii) the
15    complaint resolution procedure proceeds in a timely
16    manner.
17        (3) The complainant and any witnesses shall (i)
18    receive notice of the name of the individual with
19    authority to make a finding or approve an accommodation in
20    the proceeding before the individual may initiate contact
21    with the complainant and any witnesses and (ii) have the
22    opportunity to request a substitution if the participation
23    of an individual with authority to make a finding or
24    approve an accommodation poses a conflict of interest.
25    (c) When the alleged violation of this amendatory Act of
26the 102nd General Assembly involves making a determination or

 

 

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1finding of responsibility of causing harm:
2        (1) The individual making the finding must use a
3    preponderance of evidence standard to determine whether
4    the incident occurred.
5        (2) The complainant and respondent and any witnesses
6    may not directly or through a representative question one
7    another. At the discretion of the individual resolving the
8    complaint, the complainant and the respondent may suggest
9    questions to be posed by the individual resolving the
10    complaint and if the individual resolving the complaint
11    decides to pose such questions.
12        (3) A live hearing is not required. If the complaint
13    resolution procedure includes a hearing, no student who is
14    a witness, including the complainant, may be compelled to
15    testify in the presence of a party or other witness. If a
16    witness invokes this right to testify outside the presence
17    of the other party or other witnesses, then the school
18    district must provide an option by which each party may,
19    at a minimum, hear such witnesses' testimony.
20    (d) Each party and witness may request and must be allowed
21to have a representative or support persons of their choice
22accompany them to any meeting or proceeding related to the
23alleged violence or violation of this amendatory Act of the
24102nd General Assembly if the involvement of the
25representative or support persons does not result in undue
26delay of the meeting or proceeding. This representative or

 

 

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1support persons must comply with any rules of the school
2district's complaint resolution procedure. If the
3representative or support persons violate the rules or engage
4in behavior or advocacy that harasses, abuses, or intimidates
5either part, a witness, or an individual resolving the
6complaint, the representative or support person may be
7prohibited from further participation in the meeting or
8proceeding.
9    (e) The complainant, regardless of the level of
10involvement in the complaint resolution procedure, and the
11respondent must have the opportunity to provide or present
12evidence and witnesses on their behalf during the complaint
13resolution procedure.
14    (f) The complainant and respondent and any named
15perpetrator directly impacted by the results of the complaint
16resolution procedure, are entitled to simultaneous written
17notification of the results of the complaint resolution
18procedure, including information regarding appeals rights and
19procedures, within 10 business days after a decision or sooner
20if required by State or federal law or district policy.
21        (1) The complainant, respondents, and named
22    perpetrator if directly impacted by the results of the
23    complaint resolution procedure must, at a minimum, have
24    the right to timely appeal the complaint resolution
25    procedure's findings or remedies if a party alleges (i) a
26    procedural error occurred, (ii) new information exists

 

 

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1    that would substantially change the outcome of the
2    proceeding, (iii) the remedy is not sufficiently related
3    to the finding, or (iv) the decision is against the weight
4    of the evidence.
5        (2) An individual reviewing the findings or remedies
6    may not have previously participated in the complaint
7    resolution procedure and may not have a conflict of
8    interest with either party.
9        (3) The complainant and respondent and any
10    perpetrators directly impacted by the results of the
11    complaint resolution procedure must receive the appeal
12    decision, in writing, within 10 business days, but never
13    more than 15 business days, after the conclusion of the
14    review of findings or remedies or sooner if required by
15    State or federal law.
16    (g) Each school district must have a procedure to
17determine interim protective measures and support services
18available pending the resolution of the complaint including
19the implementation of court orders.
 
20    (105 ILCS 5/26A-30 new)
21    Sec. 26A-30. Confidentiality.
22    (a) Each school district must adopt and ensure that it has
23and implements a policy to ensure that all information
24concerning a student's status and related experiences as a
25parent, expectant parent, or victim of domestic or sexual

 

 

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

 

 

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1or federal law, including the Abused and Neglected Child
2Reporting Act, the Illinois School Student Records Act, the
3federal Family Educational Rights and Privacy Act of 1974, and
4professional ethics policies that govern professional school
5personnel.
6    (c) No student may be required to testify publicly
7concerning his or her status as a victim of domestic or sexual
8violence, allegations of domestic or sexual violence, his or
9her status as a parent or expectant parent, or the student's
10efforts to enforce any of his or her rights under provisions of
11this Code relating to students who are parents, expectant
12parents, or victims of domestic or sexual violence.
13    (d) In the case of domestic or sexual violence, except as
14permitted under State or federal law, or to the extent that a
15school official determines that the school official has an
16obligation to do so based on safety concerns or threats to the
17community, including the victim, a school district must not
18contact the person named to be the perpetrator, the
19perpetrator's family, or any other person named by the student
20or named by the student's parent or guardian to be unsafe to
21contact to verify the violence. A school district must not
22contact the perpetrator, the perpetrator's family, or any
23other person named by the student or the student's parent or
24guardian to be unsafe for any other reason without providing
25prior written notice to the student's parent or guardian.
26Nothing in this Section prohibits the school or school

 

 

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1district from taking other steps to investigate the violence
2or from contacting persons not named by the student or the
3student's parent or guardian as unsafe to contact. Nothing in
4this Section prohibits the school or school district from
5taking reasonable steps to protect students. If the reasonable
6steps taken to protect students involve conduct that is
7prohibited under this subsection, the school must provide
8notice to the reporting student, in writing and in a
9developmentally appropriate communication format, of its
10intent to contact the parties named to be unsafe.
 
11    (105 ILCS 5/26A-35 new)
12    Sec. 26A-35. Domestic or sexual violence and parenting
13resource personnel.
14    (a) Each school district shall designate or appoint at
15least one staff person at each school in the district who is
16employed at least part time at the school and who is a school
17social worker, school psychologist, school counselor, school
18nurse, or school administrator trained to address, in a
19survivor-centered, trauma responsive, culturally responsive,
20confidential, and sensitive manner, the needs of students who
21are parents, expectant parents, or victims of domestic or
22sexual violence. The designated or appointed staff person must
23have all of the following duties:
24        (1) To connect students who are parents, expectant
25    parents, or victims of domestic or sexual violence to

 

 

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

 

 

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1implementing confidentiality, and the notification of the
2student's parent or guardian regarding the student's status as
3a parent, expectant parent, or victim of domestic or sexual
4violence or the enforcement of the student's rights under this
5Code if the notice of the student's status or the involvement
6of the student's parent or guardian may put the health or
7safety of the student at risk, including the rights of minors
8to consent to counseling services and psychotherapy under the
9Mental Health and Developmental Disabilities Code, or (ii) at
10a minimum, have participated in an in-service training program
11under subsection (d) of Section 10-22.39 that includes
12training on the rights of minors to consent to counseling
13services and psychotherapy under the Mental Health and
14Developmental Disabilities Code within 12 months prior to his
15or her designation or appointment.
16    (c) A school district must designate or appoint and train
17all domestic or sexual violence and parenting resource
18personnel, and the personnel must assist in implementing the
19duties as described in this Section no later than June 30,
202024, except in those school districts in which there exists a
21collective bargaining agreement on the effective date of this
22amendatory Act of the 102nd General Assembly and the
23implementation of this Section would be a violation of that
24collective bargaining agreement. If implementation of some
25activities required under this Section is prevented by an
26existing collective bargaining agreement, a school district

 

 

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1must comply with this Section to the fullest extent allowed by
2the existing collective bargaining agreement no later than
3June 30, 2024. In those instances in which a collective
4bargaining agreement that either fully or partially prevents
5full implementation of this Section expires after June 30,
62024, a school district must designate or appoint and train
7all domestic and sexual violence and parenting resource
8personnel, who shall implement the duties described in this
9Section no later than the effective date of the new collective
10bargaining agreement that immediately succeeds the collective
11bargaining agreement in effect on the effective date of this
12amendatory Act of the 102nd General Assembly.
 
13    (105 ILCS 5/26A-40 new)
14    Sec. 26A-40. Support and services.
15    (a) To facilitate the full participation of students who
16are parents, expectant parents, or victims of domestic or
17sexual violence, each school district must provide those
18students with in-school support services and information
19regarding nonschool-based support services, and the ability to
20make up work missed on account of circumstances related to the
21student's status as a parent, expectant parent, or victim of
22domestic or sexual violence. Victims of domestic or sexual
23violence must have access to those supports and services
24regardless of when or where the violence for which they are
25seeking supports and services occurred. All supports and

 

 

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

 

 

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

 

 

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1school or school district to meet academic standards for
2matriculation, as defined by school district policy. Costs
3assessed by the school district on the student for
4participation in those activities shall be considered waivable
5fees for any student whose parent or guardian is unable to
6afford them, consistent with Section 10-20.13. Each school
7district must adopt written policies for waiver of those fees
8in accordance with rules adopted by the State Board of
9Education.
10    (e) If a school or school district employee or agent
11becomes aware of or suspects a student's status as a parent,
12expectant parent, or victim of domestic or sexual violence, it
13is the responsibility of the employee or agent of the school or
14school district to refer the student to the school district's
15domestic or sexual violence and parenting resource personnel
16set forth in Section 26A-35. A school district must make
17respecting a student's privacy, confidentiality, mental and
18physical health, and safety a paramount concern.
19    (f) Each school must honor a student's and a parent's or
20guardian's decision to obtain education and support services
21and nonschool-based support services, to terminate the receipt
22of those education and support services, or nonschool-based
23support services, or to decline participation in those
24education and support services, or nonschool-based support
25services. No student is obligated to use education and support
26services, or nonschool-based support services. In developing

 

 

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1educational support services, the privacy, mental and physical
2health, and safety of the student shall be of paramount
3concern. No adverse or prejudicial effects may result to any
4student because of the student's availing of or declining the
5provisions of this Section as long as the student is working
6with the school to meet academic standards for matriculation
7as defined by school district policy.
8    (g) Any support services must be available in any school
9or by home or hospital instruction to the highest quality and
10fullest extent possible for the individual setting.
11    (h) School-based counseling services, if available, must
12be offered to students who are parents, expectant parents, or
13victims of domestic or sexual violence consistent with the
14Mental Health and Developmental Disabilities Code. At least
15once every school year, each school district must inform, in
16writing, all school personnel and all students 12 years of age
17or older of the availability of counseling without parental or
18guardian consent under Section 3-5A-105 (to be renumbered as
19Section 3-550 in a revisory bill as of the effective date of
20this amendatory Act of the 102nd General Assembly) of the
21Mental Health and Developmental Disabilities Code. This
22information must also be provided to students immediately
23after any school personnel becomes aware that a student is a
24parent, expectant parent, or victim of domestic or sexual
25violence.
26    (i) All domestic or sexual violence organizations and

 

 

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1their staff and any other nonschool organization and its staff
2shall maintain confidentiality under federal and State laws
3and their professional ethics policies regardless of when or
4where information, advice, counseling, or any other
5interaction with students takes place. A school or school
6district may not request or require those organizations or
7individuals to breach confidentiality.
 
8    (105 ILCS 5/26A-45 new)
9    Sec. 26A-45. Verification.
10    (a) For purposes of students asserting their rights under
11provisions relating to domestic or sexual violence in Sections
1210-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
13school district may require verification of the claim. The
14student or the student's parents or guardians shall choose
15which form of verification to submit to the school district. A
16school district may only require one form of verification,
17unless the student is requesting a transfer to another school,
18in which case the school district may require 2 forms of
19verification. All forms of verification received by a school
20district under this subsection (a) must be kept in a
21confidential temporary file, in accordance with the Illinois
22School Student Records Act. Any one of the following shall be
23an acceptable form of verification of a student's claim of
24domestic or sexual violence:
25        (1) A written statement from the student or anyone who

 

 

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1    has knowledge of the circumstances that support the
2    student's claim. This may be in the form of a complaint.
3        (2) A police report, governmental agency record, or
4    court record.
5        (3) A statement or other documentation from a domestic
6    or sexual violence organization or any other organization
7    from which the student sought services or advice.
8        (4) Documentation from a lawyer, clergy person,
9    medical professional, or other professional from whom the
10    student sought services or advice related to domestic or
11    sexual violence.
12        (5) Any other evidence, such as physical evidence of
13    violence, which supports the claim.
14    (b) A student or a student's parent or guardian who has
15provided acceptable verification that the student is or has
16been a victim of domestic or sexual violence may not be
17required to provide any additional verification if the
18student's efforts to assert rights under this Code stem from a
19claim involving the same perpetrator or the same incident of
20violence. No school or school district shall request or
21require additional documentation.
22    (c) The person named to be the perpetrator, the
23perpetrator's family, or any other person named by the student
24or the student's parent or guardian to be unsafe to contact may
25not be contacted to verify the violence, except to the extent
26that the district determines that it has an obligation to do so

 

 

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1based on federal or State law or safety concerns for the school
2community, including such concerns for the victim. Prior to
3making contact, a school must notify the student and his or his
4parent or guardian in writing and in a developmentally
5appropriate manner, and discuss and address any safety
6concerns related to making such contact.
 
7    (105 ILCS 5/26A-50 new)
8    Sec. 26A-50. Prohibited practices. No school or school
9district may take any adverse action against a student who is a
10parent, expectant parent, or victim of domestic or sexual
11violence because the student or his or her parent or guardian
12(i) exercises or attempts to exercise his or her rights under
13this amendatory Act of the 102nd General Assembly, (ii)
14opposes practices that the student or his or her parent or
15guardian believes to be in violation of this amendatory Act of
16the 102nd General Assembly, or (iii) supports the exercise of
17the rights of another under this amendatory Act of the 102nd
18General Assembly. Exercising rights under this amendatory Act
19of the 102nd General Assembly includes, but is not limited to,
20filing a complaint with the school district as set forth in
21this Code or in any manner requesting, availing himself or
22herself of, or declining any of the provisions of this Code,
23including, but not limited to, supports and services.
 
24    (105 ILCS 5/27A-5)

 

 

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1    Sec. 27A-5. Charter school; legal entity; requirements.
2    (a) A charter school shall be a public, nonsectarian,
3nonreligious, non-home based, and non-profit school. A charter
4school shall be organized and operated as a nonprofit
5corporation or other discrete, legal, nonprofit entity
6authorized under the laws of the State of Illinois.
7    (b) A charter school may be established under this Article
8by creating a new school or by converting an existing public
9school or attendance center to charter school status.
10Beginning on April 16, 2003 (the effective date of Public Act
1193-3), in all new applications to establish a charter school
12in a city having a population exceeding 500,000, operation of
13the charter school shall be limited to one campus. The changes
14made to this Section by Public Act 93-3 do not apply to charter
15schools existing or approved on or before April 16, 2003 (the
16effective date of Public Act 93-3).
17    (b-5) In this subsection (b-5), "virtual-schooling" means
18a cyber school where students engage in online curriculum and
19instruction via the Internet and electronic communication with
20their teachers at remote locations and with students
21participating at different times.
22    From April 1, 2013 through December 31, 2016, there is a
23moratorium on the establishment of charter schools with
24virtual-schooling components in school districts other than a
25school district organized under Article 34 of this Code. This
26moratorium does not apply to a charter school with

 

 

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1virtual-schooling components existing or approved prior to
2April 1, 2013 or to the renewal of the charter of a charter
3school with virtual-schooling components already approved
4prior to April 1, 2013.
5    (c) A charter school shall be administered and governed by
6its board of directors or other governing body in the manner
7provided in its charter. The governing body of a charter
8school shall be subject to the Freedom of Information Act and
9the Open Meetings Act. No later than January 1, 2021 (one year
10after the effective date of Public Act 101-291), a charter
11school's board of directors or other governing body must
12include at least one parent or guardian of a pupil currently
13enrolled in the charter school who may be selected through the
14charter school or a charter network election, appointment by
15the charter school's board of directors or other governing
16body, or by the charter school's Parent Teacher Organization
17or its equivalent.
18    (c-5) No later than January 1, 2021 (one year after the
19effective date of Public Act 101-291) or within the first year
20of his or her first term, every voting member of a charter
21school's board of directors or other governing body shall
22complete a minimum of 4 hours of professional development
23leadership training to ensure that each member has sufficient
24familiarity with the board's or governing body's role and
25responsibilities, including financial oversight and
26accountability of the school, evaluating the principal's and

 

 

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1school's performance, adherence to the Freedom of Information
2Act and the Open Meetings Act, and compliance with education
3and labor law. In each subsequent year of his or her term, a
4voting member of a charter school's board of directors or
5other governing body shall complete a minimum of 2 hours of
6professional development training in these same areas. The
7training under this subsection may be provided or certified by
8a statewide charter school membership association or may be
9provided or certified by other qualified providers approved by
10the State Board of Education.
11    (d) For purposes of this subsection (d), "non-curricular
12health and safety requirement" means any health and safety
13requirement created by statute or rule to provide, maintain,
14preserve, or safeguard safe or healthful conditions for
15students and school personnel or to eliminate, reduce, or
16prevent threats to the health and safety of students and
17school personnel. "Non-curricular health and safety
18requirement" does not include any course of study or
19specialized instructional requirement for which the State
20Board has established goals and learning standards or which is
21designed primarily to impart knowledge and skills for students
22to master and apply as an outcome of their education.
23    A charter school shall comply with all non-curricular
24health and safety requirements applicable to public schools
25under the laws of the State of Illinois. On or before September
261, 2015, the State Board shall promulgate and post on its

 

 

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1Internet website a list of non-curricular health and safety
2requirements that a charter school must meet. The list shall
3be updated annually no later than September 1. Any charter
4contract between a charter school and its authorizer must
5contain a provision that requires the charter school to follow
6the list of all non-curricular health and safety requirements
7promulgated by the State Board and any non-curricular health
8and safety requirements added by the State Board to such list
9during the term of the charter. Nothing in this subsection (d)
10precludes an authorizer from including non-curricular health
11and safety requirements in a charter school contract that are
12not contained in the list promulgated by the State Board,
13including non-curricular health and safety requirements of the
14authorizing local school board.
15    (e) Except as otherwise provided in the School Code, a
16charter school shall not charge tuition; provided that a
17charter school may charge reasonable fees for textbooks,
18instructional materials, and student activities.
19    (f) A charter school shall be responsible for the
20management and operation of its fiscal affairs including, but
21not limited to, the preparation of its budget. An audit of each
22charter school's finances shall be conducted annually by an
23outside, independent contractor retained by the charter
24school. To ensure financial accountability for the use of
25public funds, on or before December 1 of every year of
26operation, each charter school shall submit to its authorizer

 

 

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1and the State Board a copy of its audit and a copy of the Form
2990 the charter school filed that year with the federal
3Internal Revenue Service. In addition, if deemed necessary for
4proper financial oversight of the charter school, an
5authorizer may require quarterly financial statements from
6each charter school.
7    (g) A charter school shall comply with all provisions of
8this Article, the Illinois Educational Labor Relations Act,
9all federal and State laws and rules applicable to public
10schools that pertain to special education and the instruction
11of English learners, and its charter. A charter school is
12exempt from all other State laws and regulations in this Code
13governing public schools and local school board policies;
14however, a charter school is not exempt from the following:
15        (1) Sections 10-21.9 and 34-18.5 of this Code
16    regarding criminal history records checks and checks of
17    the Statewide Sex Offender Database and Statewide Murderer
18    and Violent Offender Against Youth Database of applicants
19    for employment;
20        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
21    34-84a of this Code regarding discipline of students;
22        (3) the Local Governmental and Governmental Employees
23    Tort Immunity Act;
24        (4) Section 108.75 of the General Not For Profit
25    Corporation Act of 1986 regarding indemnification of
26    officers, directors, employees, and agents;

 

 

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1        (5) the Abused and Neglected Child Reporting Act;
2        (5.5) subsection (b) of Section 10-23.12 and
3    subsection (b) of Section 34-18.6 of this Code;
4        (6) the Illinois School Student Records Act;
5        (7) Section 10-17a of this Code regarding school
6    report cards;
7        (8) the P-20 Longitudinal Education Data System Act;
8        (9) Section 27-23.7 of this Code regarding bullying
9    prevention;
10        (10) Section 2-3.162 of this Code regarding student
11    discipline reporting;
12        (11) Sections 22-80 and 27-8.1 of this Code;
13        (12) Sections 10-20.60 and 34-18.53 of this Code;
14        (13) Sections 10-20.63 and 34-18.56 of this Code;
15        (14) Section 26-18 of this Code;
16        (15) Section 22-30 of this Code;
17        (16) Sections 24-12 and 34-85 of this Code;
18        (17) the Seizure Smart School Act; and
19        (18) Section 2-3.64a-10 of this Code; and .
20        (19) Article 26A of this Code.
21    The change made by Public Act 96-104 to this subsection
22(g) is declaratory of existing law.
23    (h) A charter school may negotiate and contract with a
24school district, the governing body of a State college or
25university or public community college, or any other public or
26for-profit or nonprofit private entity for: (i) the use of a

 

 

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1school building and grounds or any other real property or
2facilities that the charter school desires to use or convert
3for use as a charter school site, (ii) the operation and
4maintenance thereof, and (iii) the provision of any service,
5activity, or undertaking that the charter school is required
6to perform in order to carry out the terms of its charter.
7However, a charter school that is established on or after
8April 16, 2003 (the effective date of Public Act 93-3) and that
9operates in a city having a population exceeding 500,000 may
10not contract with a for-profit entity to manage or operate the
11school during the period that commences on April 16, 2003 (the
12effective date of Public Act 93-3) and concludes at the end of
13the 2004-2005 school year. Except as provided in subsection
14(i) of this Section, a school district may charge a charter
15school reasonable rent for the use of the district's
16buildings, grounds, and facilities. Any services for which a
17charter school contracts with a school district shall be
18provided by the district at cost. Any services for which a
19charter school contracts with a local school board or with the
20governing body of a State college or university or public
21community college shall be provided by the public entity at
22cost.
23    (i) In no event shall a charter school that is established
24by converting an existing school or attendance center to
25charter school status be required to pay rent for space that is
26deemed available, as negotiated and provided in the charter

 

 

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1agreement, in school district facilities. However, all other
2costs for the operation and maintenance of school district
3facilities that are used by the charter school shall be
4subject to negotiation between the charter school and the
5local school board and shall be set forth in the charter.
6    (j) A charter school may limit student enrollment by age
7or grade level.
8    (k) If the charter school is approved by the State Board or
9Commission, then the charter school is its own local education
10agency.
11(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
12100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
136-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
14eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
15101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
163-8-21.)
 
17    (105 ILCS 5/34-18.24)
18    Sec. 34-18.24. Transfer of students.
19    (a) The board shall establish and implement a policy
20governing the transfer of a student from one attendance center
21to another within the school district upon the request of the
22student's parent or guardian. A student may not transfer to
23any of the following attendance centers, except by change in
24residence if the policy authorizes enrollment based on
25residence in an attendance area or unless approved by the

 

 

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1board on an individual basis:
2        (1) An attendance center that exceeds or as a result
3    of the transfer would exceed its attendance capacity.
4        (2) An attendance center for which the board has
5    established academic criteria for enrollment if the
6    student does not meet the criteria.
7        (3) Any attendance center if the transfer would
8    prevent the school district from meeting its obligations
9    under a State or federal law, court order, or consent
10    decree applicable to the school district.
11(b) The board shall establish and implement a policy governing
12the transfer of students within the school district from a
13persistently dangerous attendance center to another attendance
14center in that district that is not deemed to be persistently
15dangerous. In order to be considered a persistently dangerous
16attendance center, the attendance center must meet all of the
17following criteria for 2 consecutive years:
18        (1) Have greater than 3% of the students enrolled in
19    the attendance center expelled for violence-related
20    conduct.
21        (2) Have one or more students expelled for bringing a
22    firearm to school as defined in 18 U.S.C. 921.
23        (3) Have at least 3% of the students enrolled in the
24    attendance center exercise the individual option to
25    transfer attendance centers pursuant to subsection (c) of
26    this Section.

 

 

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1    (c) A student may transfer from one attendance center to
2another attendance center within the district if the student
3is a victim of a violent crime as defined in Section 3 of the
4Rights of Crime Victims and Witnesses Act. The violent crime
5must have occurred on school grounds during regular school
6hours or during a school-sponsored event.
7    (d) (Blank).
8    (e) Notwithstanding any other provision of this Code, a
9student who is a victim of domestic or sexual violence, as
10defined in Article 26A, must be allowed to transfer to another
11school immediately and as needed if the student's continued
12attendance at a particular attendance center, school facility,
13or school location poses a risk to the student's mental or
14physical well-being or safety. A student who transfers to
15another school under this subsection (e) due to domestic or
16sexual violence must have full and immediate access to
17extracurricular activities and any programs or activities
18offered by or under the auspices of the school to which the
19student has transferred. The school district may not require a
20student who is a victim of domestic or sexual violence to
21transfer to another school. No adverse or prejudicial effects
22may result to any student who is a victim of domestic or sexual
23violence because of the student availing himself or herself of
24or declining the provisions of this subsection (e). The school
25district may require a student to verify his or her claim of
26domestic or sexual violence under Section 26A-45 before

 

 

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1approving a transfer to another school under this subsection
2(e).
3(Source: P.A. 100-1046, eff. 8-23-18.)
 
4    Section 10. The Illinois School Student Records Act is
5amended by changing Section 2 as follows:
 
6    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
7    Sec. 2. As used in this Act: ,
8    (a) "Student" means any person enrolled or previously
9enrolled in a school.
10    (b) "School" means any public preschool, day care center,
11kindergarten, nursery, elementary or secondary educational
12institution, vocational school, special educational facility
13or any other elementary or secondary educational agency or
14institution and any person, agency or institution which
15maintains school student records from more than one school,
16but does not include a private or non-public school.
17    (c) "State Board" means the State Board of Education.
18    (d) "School Student Record" means any writing or other
19recorded information concerning a student and by which a
20student may be individually identified, maintained by a school
21or at its direction or by an employee of a school, regardless
22of how or where the information is stored. The following shall
23not be deemed school student records under this Act: writings
24or other recorded information maintained by an employee of a

 

 

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1school or other person at the direction of a school for his or
2her exclusive use; provided that all such writings and other
3recorded information are destroyed not later than the
4student's graduation or permanent withdrawal from the school;
5and provided further that no such records or recorded
6information may be released or disclosed to any person except
7a person designated by the school as a substitute unless they
8are first incorporated in a school student record and made
9subject to all of the provisions of this Act. School student
10records shall not include information maintained by law
11enforcement professionals working in the school.
12    (e) "Student Permanent Record" means the minimum personal
13information necessary to a school in the education of the
14student and contained in a school student record. Such
15information may include the student's name, birth date,
16address, grades and grade level, parents' names and addresses,
17attendance records, and such other entries as the State Board
18may require or authorize.
19    (f) "Student Temporary Record" means all information
20contained in a school student record but not contained in the
21student permanent record. Such information may include family
22background information, intelligence test scores, aptitude
23test scores, psychological and personality test results,
24teacher evaluations, and other information of clear relevance
25to the education of the student, all subject to regulations of
26the State Board. The information shall include all of the

 

 

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1following:
2        (1) Information information provided under Section 8.6
3    of the Abused and Neglected Child Reporting Act and
4    information contained in service logs maintained by a
5    local education agency under subsection (d) of Section
6    14-8.02f of the School Code.
7        (2) Information In addition, the student temporary
8    record shall include information regarding serious
9    disciplinary infractions that resulted in expulsion,
10    suspension, or the imposition of punishment or sanction.
11    For purposes of this provision, serious disciplinary
12    infractions means: infractions involving drugs, weapons,
13    or bodily harm to another.
14        (3) Information concerning a student's status and
15    related experiences as a parent, expectant parent, or
16    victim of domestic or sexual violence, as defined in
17    Article 26A of the School Code, including a statement of
18    the student or any other documentation, record, or
19    corroborating evidence and the fact that the student has
20    requested or obtained assistance, support, or services
21    related to that status. Enforcement of this paragraph (3)
22    shall follow the procedures provided in Section 26A-40 of
23    the School Code.
24    (g) "Parent" means a person who is the natural parent of
25the student or other person who has the primary responsibility
26for the care and upbringing of the student. All rights and

 

 

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1privileges accorded to a parent under this Act shall become
2exclusively those of the student upon his 18th birthday,
3graduation from secondary school, marriage or entry into
4military service, whichever occurs first. Such rights and
5privileges may also be exercised by the student at any time
6with respect to the student's permanent school record.
7(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
8    Section 90. The State Mandates Act is amended by adding
9Section 8.45 as follows:
 
10    (30 ILCS 805/8.45 new)
11    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
128 of this Act, no reimbursement by the State is required for
13the implementation of any mandate created by this amendatory
14Act of the 102nd General Assembly.
 
15    Section 99. Effective date. This Act takes effect July 1,
162025.