Public Act 102-0466
 
HB3223 EnrolledLRB102 10689 CMG 16018 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and 34-18.24
and by adding Article 26A as follows:
 
    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
    Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
    (a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior. Such request shall be made by
registered or certified mail and shall state the time, place
and purpose of the meeting. The board, or a hearing officer
appointed by it, at such meeting shall state the reasons for
dismissal and the date on which the expulsion is to become
effective. If a hearing officer is appointed by the board, he
shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon
as it finds appropriate. If the board acts to expel a pupil,
the written expulsion decision shall detail the specific
reasons why removing the pupil from the learning environment
is in the best interest of the school. The expulsion decision
shall also include a rationale as to the specific duration of
the expulsion. An expelled pupil may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program.
    (b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
    Any suspension shall be reported immediately to the
parents or guardians guardian of a pupil along with a full
statement of the reasons for such suspension and a notice of
their right to a review. The school board must be given a
summary of the notice, including the reason for the suspension
and the suspension length. Upon request of the parents or
guardians guardian, the school board or a hearing officer
appointed by it shall review such action of the superintendent
or principal, assistant principal, or dean of students. At
such review, the parents or guardians guardian of the pupil
may appear and discuss the suspension with the board or its
hearing officer. If a hearing officer is appointed by the
board, he shall report to the board a written summary of the
evidence heard at the meeting. After its hearing or upon
receipt of the written report of its hearing officer, the
board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the
board shall, in the written suspension decision, detail the
specific act of gross disobedience or misconduct resulting in
the decision to suspend. The suspension decision shall also
include a rationale as to the specific duration of the
suspension. A pupil who is suspended in excess of 20 school
days may be immediately transferred to an alternative program
in the manner provided in Article 13A or 13B of this Code. A
pupil must not be denied transfer because of the suspension,
except in cases in which such transfer is deemed to cause a
threat to the safety of students or staff in the alternative
program.
    (b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
    (b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
    (b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
    (b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
    (b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
    A school district may refer students who are expelled to
appropriate and available support services.
    A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
    (b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parents or guardians parent or guardian to notify school
officials that a pupil suspended from the school bus does not
have alternate transportation to school.
    (b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be
considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student
throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
    (b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed
hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.
    (c) The Department of Human Services shall be invited to
send a representative to consult with the board at such
meeting whenever there is evidence that mental illness may be
the cause for expulsion or suspension.
    (c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
    (d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
        (1) A firearm. For the purposes of this Section,
    "firearm" means any gun, rifle, shotgun, weapon as defined
    by Section 921 of Title 18 of the United States Code,
    firearm as defined in Section 1.1 of the Firearm Owners
    Identification Card Act, or firearm as defined in Section
    24-1 of the Criminal Code of 2012. The expulsion period
    under this subdivision (1) may be modified by the
    superintendent, and the superintendent's determination may
    be modified by the board on a case-by-case basis.
        (2) A knife, brass knuckles or other knuckle weapon
    regardless of its composition, a billy club, or any other
    object if used or attempted to be used to cause bodily
    harm, including "look alikes" of any firearm as defined in
    subdivision (1) of this subsection (d). The expulsion
    requirement under this subdivision (2) may be modified by
    the superintendent, and the superintendent's determination
    may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
    (d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
    (e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
    (f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
    (g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
    (h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
    (i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
    (j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
    (k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
    (l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
7-12-19.)
 
    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
    Sec. 10-22.6a. Home instruction; correspondence courses.
    (a) To provide by home instruction, correspondence courses
or otherwise courses of instruction for a pupil who is pupils
who are unable to attend school because of pregnancy or
pregnancy-related conditions, the fulfillment of parenting
obligations related to the health of the child, or health and
safety concerns arising from domestic or sexual violence, as
defined in Article 26A. Such instruction shall be provided to
the pupil at each of the following times:
        (1) Before before the birth of the child when the
    pupil's physician, physician assistant, or advanced
    practice registered nurse has indicated to the district,
    in writing, that the pupil is medically unable to attend
    regular classroom instruction. and
        (2) For for up to 3 months following the birth of the
    child or a miscarriage.
        (3) When the pupil must care for his or her ill child
    if (i) the child's physician, physician assistant, or
    advanced practice registered nurse has indicated to the
    district, in writing, that the child has a serious health
    condition that would require the pupil to be absent from
    school for 2 or more consecutive weeks and (ii) the pupil
    or the pupil's parent or guardian indicates to the
    district, in writing, that the pupil is needed to provide
    care to the child during this period. In this paragraph
    (3), "serious health condition" means an illness, injury,
    impairment, or physical or mental health condition that
    involves inpatient care in a hospital, hospice, or
    residential medical care facility or continuing treatment
    by a health care provider that is not controlled by
    medication alone.
        (4) The pupil must treat physical or mental health
    complications or address safety concerns arising from
    domestic or sexual violence when a healthcare provider or
    an employee of the pupil's domestic or sexual violence
    organization, as defined in Article 26A has indicated to
    the district, in writing, that the care is needed by the
    pupil and will cause the pupil's absence from school for 2
    or more consecutive weeks.
A school district may reassess home instruction provided to a
pupil under paragraph (3) or (4) every 2 months to determine
the pupil's continuing need for instruction under this
Section.
    The instruction course shall be designed to offer
educational experiences that are equivalent to those given to
pupils at the same grade level in the district and that are
designed to enable the pupil to return to the classroom.
    (b) Notwithstanding any other provision of this Code or
State law to the contrary, if a pupil is unable to attend
regular classes because of the reasons set forth in subsection
(a) and has participated in instruction under this Section
that is administered by the school or the school district,
then the pupil may not be penalized for grading purposes or be
denied course completion, a return to regular classroom
instruction, grade level advancement, or graduation solely on
the basis of the pupil's participation in instruction under
this Section or the pupil's absence from the regular education
program during the period of instruction under this Section. A
school or school district may not use instruction under this
Section to replace making support services available so that
pupils who are parents, expectant parents, or victims of
domestic or sexual violence may receive regular classroom
instruction.
(Source: P.A. 100-443, eff. 8-25-17.)
 
    (105 ILCS 5/13A-11)
    Sec. 13A-11. Chicago public schools.
    (a) The Chicago Board of Education may establish
alternative schools within Chicago and may contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, in accordance with
Sections 34-8.1, 34-18, and 34-49.
    (b) Alternative schools operated by third parties within
Chicago shall be exempt from all provisions of this Code,
except provisions concerning:
        (1) student civil rights;
        (2) staff civil rights;
        (3) health and safety;
        (4) performance and financial audits;
        (5) the assessments required under Section 2-3.64a-5
    of this Code;
        (6) Chicago learning outcomes;
        (7) Sections 2-3.25a through 2-3.25j of this Code;
        (8) the Inspector General; and
        (9) Section 34-2.4b of this Code; and
        (10) Article 26A and any other provision of this Code
    concerning students who are parents, expectant parents, or
    victims of domestic or sexual violence, as defined in
    Article 26A.
(Source: P.A. 98-972, eff. 8-15-14.)
 
    (105 ILCS 5/22-60)
    Sec. 22-60. Unfunded mandates prohibited.
    (a) No public school district or private school is
obligated to comply with the following types of mandates
unless a separate appropriation has been enacted into law
providing full funding for the mandate for the school year
during which the mandate is required:
        (1) Any mandate in this Code enacted after the
    effective date of this amendatory Act of the 96th General
    Assembly.
        (2) Any regulatory mandate promulgated by the State
    Board of Education and adopted by rule after the effective
    date of this amendatory Act of the 96th General Assembly
    other than those promulgated with respect to this Section
    or statutes already enacted on or before the effective
    date of this amendatory Act of the 96th General Assembly.
    (b) If the amount appropriated to fund a mandate described
in subsection (a) of this Section does not fully fund the
mandated activity, then the school district or private school
may choose to discontinue or modify the mandated activity to
ensure that the costs of compliance do not exceed the funding
received.
    Before discontinuing or modifying the mandate, the school
district shall petition its regional superintendent of schools
on or before February 15 of each year to request to be exempt
from implementing the mandate in a school or schools in the
next school year. The petition shall include all legitimate
costs associated with implementing and operating the mandate,
the estimated reimbursement from State and federal sources,
and any unique circumstances the school district can verify
that exist that would cause the implementation and operation
of such a mandate to be cost prohibitive.
    The regional superintendent of schools shall review the
petition. In accordance with the Open Meetings Act, he or she
shall convene a public hearing to hear testimony from the
school district and interested community members. The regional
superintendent shall, on or before March 15 of each year,
inform the school district of his or her decision, along with
the reasons why the exemption was granted or denied, in
writing. The regional superintendent must also send
notification to the State Board of Education detailing which
school districts requested an exemption and the results.
    If the regional superintendent grants an exemption to the
school district, then the school district is relieved from the
requirement to establish and implement the mandate in the
school or schools granted an exemption for the next school
year. If the regional superintendent of schools does not grant
an exemption, then the school district shall implement the
mandate in accordance with the applicable law or rule by the
first student attendance day of the next school year. However,
the school district or a resident of the school district may on
or before April 15 appeal the decision of the regional
superintendent to the State Superintendent of Education. The
State Superintendent shall hear appeals on the decisions of
regional superintendents of schools no later than May 15 of
each year. The State Superintendent shall make a final
decision at the conclusion of the hearing on the school
district's request for an exemption from the mandate. If the
State Superintendent grants an exemption, then the school
district is relieved from the requirement to implement a
mandate in the school or schools granted an exemption for the
next school year. If the State Superintendent does not grant
an exemption, then the school district shall implement the
mandate in accordance with the applicable law or rule by the
first student attendance day of the next school year.
    If a school district or private school discontinues or
modifies a mandated activity due to lack of full funding from
the State, then the school district or private school shall
annually maintain and update a list of discontinued or
modified mandated activities. The list shall be provided to
the State Board of Education upon request.
    (c) This Section does not apply to (i) any new statutory or
regulatory mandates related to revised learning standards
developed through the Common Core State Standards Initiative
and assessments developed to align with those standards or
actions specified in this State's Phase 2 Race to the Top Grant
application if the application is approved by the United
States Department of Education, or (ii) new statutory or
regulatory mandates from the Race to the Top Grant through the
federal American Recovery and Reinvestment Act of 2009 imposed
on school districts designated as being in the lowest
performing 5% of schools within the Race to the Top Grant
application, or (iii) any changes made to this Code by this
amendatory Act of the 102nd General Assembly.
    (d) In any instances in which this Section conflicts with
the State Mandates Act, the State Mandates Act shall prevail.
(Source: P.A. 96-1441, eff. 8-20-10.)
 
    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
    Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
    "Valid cause" for absence shall be illness, attendance at
a verified medical or therapeutic appointment, appointment
with a victim services provider, observance of a religious
holiday, death in the immediate family, or family emergency,
and shall include such other situations beyond the control of
the student as determined by the board of education in each
district, or such other circumstances which cause reasonable
concern to the parent for the mental, emotional, or physical
health or safety of the student. For purposes of a student who
is an expectant parent, or parent, or victim of domestic or
sexual violence, "valid cause" for absence includes (i) the
fulfillment of a parenting responsibility, including, but not
limited to, arranging and providing child care, caring for a
sick child, attending prenatal or other medical appointments
for the expectant student, and attending medical appointments
for a child, and (ii) addressing circumstances resulting from
domestic or sexual violence, including, but not limited to,
experiencing domestic or sexual violence, recovering from
physical or psychological injuries, seeking medical attention,
seeking services from a domestic or sexual violence
organization, as defined in Article 26A, seeking psychological
or other counseling, participating in safety planning,
temporarily or permanently relocating, seeking legal
assistance or remedies, or taking any other action to increase
the safety or health of the student or to protect the student
from future domestic or sexual violence. A school district may
require a student to verify his or her claim of domestic or
sexual violence under Section 26A-45 prior to the district
approving a valid cause for an absence of 3 or more consecutive
days that is related to domestic or sexual violence.
    "Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days.
    "Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
    "Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
101-81, eff. 7-12-19.)
 
    (105 ILCS 5/Art. 26A heading new)
ARTICLE 26A. CHILDREN AND STUDENTS WHO ARE PARENTS,
EXPECTANT PARENTS, OR VICTIMS OF
DOMESTIC OR SEXUAL VIOLENCE

 
    (105 ILCS 5/26A-1 new)
    Sec. 26A-1. Scope of Article. This Article applies to all
school districts and schools governed by this Code, including
schools operating under Article 13, 13A, 13B, 27A, 32, 33, or
34. However, this Article does not apply to the Department of
Juvenile Justice School District.
 
    (105 ILCS 5/26A-5 new)
    Sec. 26A-5. Purpose. The purpose of this Article is to
ensure that Illinois schools have policies, procedures, or
both, in place that enable children and students who are
parents, expectant parents, or victims of domestic or sexual
violence to be identified by schools in a manner respectful of
their privacy and safety, treated with dignity and regard, and
provided the protection, instruction, and related services
necessary to enable them to meet State educational standards
and successfully attain a school diploma. This Article shall
be interpreted liberally to aid in this purpose. Nothing in
this Article precludes or may be used to preclude a mandated
reporter from reporting child abuse or child neglect as
required under the Abused and Neglected Child Reporting Act.
 
    (105 ILCS 5/26A-10 new)
    Sec. 26A-10. Definitions. In this Article:
    "Confidential" means information or facts expected and
intended to be kept private or protected by an existing
privilege in the Code of Civil Procedure. Confidential
information may be disclosed by a school or school district if
such disclosure is required by State or federal law or is
necessary to complete proceedings relevant to this Article.
Designation of student information as confidential applies to
the school and school district and does not limit a student's
right to speak about the student's experiences.
    "Consent" includes, at a minimum, a recognition that (i)
consent is a freely given agreement to sexual activity, (ii)
an individual's lack of verbal or physical resistance or
submission resulting from the use of threat of force does not
constitute consent, (iii) an individual's manner of dress does
not constitute consent, (iv) an individual's consent to past
sexual activity does not constitute consent to future sexual
activity, (v) an individual's consent to engage in one type of
sexual activity with one person does not constitute consent to
engage in any other type of sexual activity or sexual activity
with another person, (vi) an individual can withdraw consent
at any time, and (vii) an individual cannot consent to sexual
activity if that individual is unable to understand the nature
of the activity or give knowing consent due to the
circumstances that include, but are not limited to, all the
following:
        (1) The individual is incapacitated due to the use or
    influence of alcohol or drugs.
        (2) The individual is asleep or unconscious.
        (3) The individual is under the age of consent.
        (4) The individual is incapacitated due to a mental
    disability.
    "Domestic or sexual violence" means domestic violence,
gender-based harassment, sexual activity without consent,
sexual assault, sexual violence, or stalking. Domestic or
sexual violence may occur through electronic communication.
Domestic or sexual violence exists regardless of when or where
the violence occurred, whether or not the violence is the
subject of a criminal investigation or the perpetrator has
been criminally charged or convicted of a crime, whether or
not an order of protection or a no-contact order is pending
before or has been issued by a court, or whether or not any
domestic or sexual violence took place on school grounds,
during regular school hours, or during a school-sponsored
event.
    "Domestic or sexual violence organization" means a
nonprofit, nongovernmental organization that provides
assistance to victims of domestic or sexual violence or
advocates for those victims, including an organization
carrying out a domestic or sexual violence program, an
organization operating a shelter or a rape crisis center or
providing counseling services, an accredited children's
advocacy center, an organization that provides services to or
advocates on behalf of children and students who are gay,
lesbian, bisexual, transgender, or gender nonconforming, an
organization that provides services to or advocates on behalf
of children and students who are parents or expectant parents,
or an organization seeking to eliminate domestic or sexual
violence or to address the consequences of that violence for
its victims through legislative advocacy or policy change,
public education, or service collaboration.
    "Domestic violence" means abuse, as defined in the
Illinois Domestic Violence Act of 1986, by family or household
members, as defined in the Illinois Domestic Violence Act of
1986.
    "Electronic communication" includes communications via
telephone, mobile phone, computer, email, video recorder, fax
machine, telex, pager, apps or applications, or any other
electronic communication or cyberstalking under Section 12-7.5
of the Criminal Code of 2012.
    "Expectant parent" means a student who (i) is pregnant and
(ii) has not yet received a diploma for completion of a
secondary education, as defined in Section 22-22.
    "Gender-based harassment" means any harassment or
discrimination on the basis of an individual's actual or
perceived sex or gender, including unwelcome sexual advances,
requests for sexual favors, other verbal or physical conduct
of a sexual nature, or unwelcome conduct, including verbal,
nonverbal, or physical conduct that is not sexual in nature
but is related to a student's status as a parent, expectant
parent, or victim of domestic or sexual violence.
    "Harassment" means any unwelcome conduct on the basis of a
student's actual or perceived race, gender, color, religion,
national origin, ancestry, sex, marital status, order of
protection status, disability, sexual orientation, gender
identity, pregnancy, or citizenship status that has the
purpose or effect of substantially interfering with the
individual's academic performance or creating an intimidating,
hostile, or offensive learning environment.
    "Perpetrator" means an individual who commits or is
alleged to have committed any act of domestic or sexual
violence. The term "perpetrator" must be used with caution
when applied to children, particularly young children.
    "Poor academic performance" means a student who has (i)
scored in the 50th percentile or below on a school
district-administered standardized test, (ii) received a score
on a State assessment that does not meet standards in one or
more of the fundamental learning areas under Section 27-1, as
applicable for the student's grade level, or (iii) not met
grade-level expectations on a school district-designated
assessment.
    "Representative" means an adult who is authorized to act
on behalf of a student during a proceeding, including an
attorney, parent, or guardian.
    "School" means a school district or school governed by
this Code, including a school operating under Article 13, 13A,
13B, 27A, 32, 33, or 34, other than the Department of Juvenile
Justice School District. "School" includes any other entity
responsible for administering public schools, such as
cooperatives, joint agreements, charter schools, special
charter districts, regional offices of education, local
agencies, or the Department of Human Services, and nonpublic
schools recognized by the State Board of Education.
    "Sexual activity" means any knowingly touching or fondling
by one person, either directly or through clothing, of the sex
organs, anus, mouth, or breast of another person for the
purpose of sexual gratification or arousal.
    "Sexual assault" or "sexual violence" means any conduct of
an adult or minor child proscribed in Article 11 of the
Criminal Code of 2012, except for Sections 11-35, 11-40, and
11-45 of the Criminal Code of 2012, including conduct
committed by a perpetrator who is a stranger to the victim and
conduct by a perpetrator who is known or related by blood or
marriage to the victim.
    "Stalking" means any conduct proscribed in Section 12-7.3,
12-7.4, or 12-7.5 of the Criminal Code of 2012, including
stalking committed by a perpetrator who is a stranger to the
victim and stalking committed by a perpetrator who is known or
related by blood or marriage to the victim.
    "Student" or "pupil" means any child who has not yet
received a diploma for completion of a secondary education.
"Student" includes, but is not limited to, an unaccompanied
minor not in the physical custody of a parent or guardian.
    "Student at risk of academic failure" means a student who
is at risk of failing to meet the Illinois Learning Standards
or failing to graduate from elementary or high school and who
demonstrates a need for educational support or social services
beyond those provided by the regular school program.
    "Student parent" means a student who is a custodial or
noncustodial parent taking an active role in the care and
supervision of a child and who has not yet received a diploma
for completion of a secondary education.
    "Support person" means any person whom the victim has
chosen to include in proceedings for emotional support or
safety. A support person does not participate in proceedings
but is permitted to observe and support the victim with parent
or guardian approval. "Support person" may include, but is not
limited to, an advocate, clergy, a counselor, and a parent or
guardian. If a student is age 18 years or older, the student
has the right to choose a support person without parent or
guardian approval.
    "Survivor-centered" means a systematic focus on the needs
and concerns of a survivor of sexual violence, domestic
violence, dating violence, or stalking that (i) ensures the
compassionate and sensitive delivery of services in a
nonjudgmental manner, (ii) ensures an understanding of how
trauma affects survivor behavior, (iii) maintains survivor
safety, privacy, and, if possible, confidentiality, and (iv)
recognizes that a survivor is not responsible for the sexual
violence, domestic violence, dating violence, or stalking.
    "Trauma-informed response" means a response involving an
understanding of the complexities of sexual violence, domestic
violence, dating violence, or stalking through training
centered on the neurobiological impact of trauma, the
influence of societal myths and stereotypes surrounding sexual
violence, domestic violence, dating violence, or stalking, and
understanding the behavior of perpetrators.
    "Victim" means an individual who has been subjected to one
or more acts of domestic or sexual violence.
 
    (105 ILCS 5/26A-15 new)
    Sec. 26A-15. Ensuring Success in School Task Force.
    (a) The Ensuring Success in School Task Force is created
to draft and publish model policies and intergovernmental
agreements for inter-district transfers; draft and publish
model complaint resolution procedures as required in
subsection (c) of Section 26A-25; identify current mandatory
educator and staff training and additional new trainings
needed to meet the requirements as required in Section 26A-25
and Section 26A-35. These recommended policies and agreements
shall be survivor-centered and rooted in trauma-informed
responses and used to support all students, from
pre-kindergarten through grade 12, who are survivors of
domestic or sexual violence, regardless of whether the
perpetrator is school-related or not, or who are parenting or
pregnant, regardless of whether the school is a public school,
nonpublic school, or charter school.
    (b) The Task Force shall be representative of the
geographic, racial, ethnic, sexual orientation, gender
identity, and cultural diversity of this State. The Task Force
shall consist of all of the following members, who must be
appointed no later than 60 days after the effective date of
this amendatory Act of the 102nd General Assembly:
        (1) One Representative appointed by the Speaker of the
    House of Representatives.
        (2) One Representative appointed by the Minority
    Leader of the House of Representatives.
        (3) One Senator appointed by the President of the
    Senate.
        (4) One Senator appointed by the Minority Leader of
    the Senate.
        (5) One member who represents a State-based
    organization that advocates for lesbian, gay, bisexual,
    transgender, and queer people appointed by the State
    Superintendent of Education.
        (6) One member who represents a State-based,
    nonprofit, nongovernmental organization that advocates for
    survivors of domestic violence appointed by the State
    Superintendent of Education.
        (7) One member who represents a statewide, nonprofit,
    nongovernmental organization that advocates for survivors
    of sexual violence appointed by the State Superintendent
    of Education.
        (8) One member who represents a statewide, nonprofit,
    nongovernmental organization that offers free legal
    services, including victim's rights representation, to
    survivors of domestic violence or sexual violence
    appointed by the State Superintendent of Education.
        (9) One member who represents an organization that
    advocates for pregnant or parenting youth appointed by the
    State Superintendent of Education.
        (10) One member who represents a youth-led
    organization with expertise in domestic and sexual
    violence appointed by the State Superintendent of
    Education.
        (11) One member who represents the Children's Advocacy
    Centers of Illinois appointed by the State Superintendent
    of Education.
        (12) One representative of the State Board of
    Education appointed by the State Superintendent of
    Education.
        (13) One member who represents a statewide
    organization of social workers appointed by the State
    Superintendent of Education.
        (14) One member who represents a statewide
    organization for school psychologists appointed by the
    State Superintendent of Education.
        (15) One member who represents a statewide
    organization of school counselors appointed by the State
    Superintendent of Education.
        (16) One member who represents a statewide
    professional teachers' organization appointed by the State
    Superintendent of Education.
        (17) One member who represents a different statewide
    professional teachers' organization appointed by the State
    Superintendent of Education.
        (18) One member who represents a statewide
    organization for school boards appointed by the State
    Superintendent of Education.
        (19) One member who represents a statewide
    organization for school principals appointed by the State
    Superintendent of Education.
        (20) One member who represents a school district
    organized under Article 34 appointed by the State
    Superintendent of Education.
        (21) One member who represents an association
    representing rural school superintendents appointed by the
    State Superintendent of Education.
    (c) The Task Force shall first meet at the call of the
State Superintendent of Education, and each subsequent meeting
shall be called by the chairperson, who shall be designated by
the State Superintendent of Education. The State Board of
Education shall provide administrative and other support to
the Task Force. Members of the Task Force shall serve without
compensation.
    (d) On or before June 30, 2024, the Task Force shall report
its work, including model policies, guidance recommendations,
and agreements, to the Governor and the General Assembly. The
report must include all of the following:
        (1) Model school and district policies to facilitate
    inter-district transfers for student survivors of domestic
    or sexual violence, expectant parents, and parents. These
    policies shall place high value on being accessible and
    expeditious for student survivors and pregnant and
    parenting students.
        (2) Model school and district policies to ensure
    confidentiality and privacy considerations for student
    survivors of domestic or sexual violence, expectant
    parents, and parents. These policies must include guidance
    regarding appropriate referrals for nonschool-based
    services.
        (3) Model school and district complaint resolution
    procedures as prescribed by Section 26A-25.
        (4) Guidance for schools and districts regarding which
    mandatory training that is currently required for educator
    licenses or under State or federal law would be suitable
    to fulfill training requirements for resource personnel as
    prescribed by Section 26A-35 and for the staff tasked with
    implementing the complaint resolution procedure as
    prescribed by Section 26A-25. The guidance shall evaluate
    all relevant mandatory or recommended training, including,
    but not limited to, the training required under subsection
    (j) of Section 4 of the Abused and Neglected Child
    Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and
    27-23.7 of this Code, and subsections (d) and (f) of
    Section 10-22.39 of this Code. The guidance must also
    identify what gaps in training exist, including, but not
    limited to, training on trauma-informed responses and
    racial and gender equity, and make recommendations for
    future training programs that should be required or
    recommended for the positions as prescribed by Sections
    26A-25 and 26A-35.
    (e) The Task Force is dissolved upon submission of its
report under subsection (d).
    (f) This Section is repealed on December 1, 2025.
 
    (105 ILCS 5/26A-20 new)
    Sec. 26A-20. Review and revision of policies and
procedures.
    (a) No later than July 1, 2024 and every 2 years
thereafter, each school district must review all existing
policies and procedures and must revise any existing policies
and procedures that may act as a barrier to the immediate
enrollment and re-enrollment, attendance, graduation, and
success in school of any student who is a student parent,
expectant student parent, or victim of domestic or sexual
violence or any policies or procedures that may compromise a
criminal investigation relating to domestic or sexual violence
or may re-victimize students. A school district must adopt new
policies and procedures, as needed, to implement this Section
and to ensure that immediate and effective steps are taken to
respond to students who are student parents, expectant
parents, or victims of domestic or sexual violence.
    (b) A school district's policy must be consistent with the
model policy and procedures adopted by the State Board of
Education and under Public Act 101-531.
    (c) A school district's policy on the procedures that a
student or his or her parent or guardian may follow if he or
she chooses to report an incident of alleged domestic or
sexual violence must, at a minimum, include all of the
following:
        (1) The name and contact information for domestic or
    sexual violence and parenting resource personnel, the
    Title IX coordinator, school and school district resource
    officers or security, and a community-based domestic or
    sexual violence organization.
        (2) The name, title, and contact information for
    confidential resources and a description of what
    confidential reporting means.
        (3) An option for the student or the student's parent
    or guardian to electronically, anonymously, and
    confidentially report the incident.
        (4) An option for reports by third parties and
    bystanders.
        (5) Information regarding the various individuals,
    departments, or organizations to whom a student may report
    an incident of domestic or sexual violence, specifying for
    each individual or entity (i) the extent of the
    individual's or entity's reporting obligation to the
    school's or school district's administration, Title IX
    coordinator, or other personnel or entity, (ii) the
    individual's or entity's ability to protect the student's
    privacy, and (iii) the extent of the individual's or
    entity's ability to have confidential communications with
    the student or his or her parent or guardian.
        (6) The adoption of a complaint resolution procedure
    as provided in Section 26A-25.
    (d) A school district must post its revised policies and
procedures on its website, distribute them at the beginning of
each school year to each student, and make copies available to
each student and his or her parent or guardian for inspection
and copying at no cost to the student or parent or guardian at
each school within a school district.
 
    (105 ILCS 5/26A-25 new)
    Sec. 26A-25. Complaint resolution procedure.
    (a) On or before July 1, 2024, each school district must
adopt one procedure to resolve complaints of violations of
this amendatory Act of the 102nd General Assembly. The
respondent must be one or more of the following: the school,
school district, or school personnel. These procedures shall
comply with the confidentiality provisions of Sections 26A-20
and 26A-30. The procedures must include, at minimum, all of
the following:
        (1) The opportunity to consider the most appropriate
    means to execute the procedure considering school safety,
    the developmental level of students, methods to reduce
    trauma during the procedure, and how to avoid multiple
    communications with students involved with an alleged
    incident of domestic or sexual violence.
        (2) Any proceeding, meeting, or hearing held to
    resolve complaints of any violation of this amendatory Act
    of the 102nd General Assembly must protect the privacy of
    the participating parties and witnesses. A school, school
    district, or school personnel may not disclose the
    identity of parties or witnesses, except as necessary to
    resolve the complaint or to implement interim protective
    measures and reasonable support services or when required
    by State or federal law.
        (3) Complainants alleging violations of this
    amendatory Act of the 102nd General Assembly must have the
    opportunity to request that the complaint resolution
    procedure begin promptly and proceed in a timely manner.
    (b) A school district must determine the individuals who
will resolve complaints of violations of this amendatory Act
of the 102nd General Assembly.
        (1) All individuals whose duties include resolution of
    complaints of violations of this amendatory Act of the
    102nd General Assembly must complete a minimum of 8 hours
    of training on issues related to domestic and sexual
    violence and how to conduct the school's complaint
    resolution procedure, which may include the in-service
    training required under subsection (d) of Section
    10-22.39, before commencement of those duties, and must
    receive a minimum of 6 hours of such training annually
    thereafter. This training must be conducted by an
    individual or individuals with expertise in domestic or
    sexual violence in youth and expertise in developmentally
    appropriate communications with elementary and secondary
    school students regarding topics of a sexual, violent, or
    sensitive nature.
        (2) Each school must have a sufficient number of
    individuals trained to resolve complaints so that (i) a
    substitution can occur in the case of a conflict of
    interest or recusal, (ii) an individual with no prior
    involvement in the initial determination or finding may
    hear any appeal brought by a party, and (iii) the
    complaint resolution procedure proceeds in a timely
    manner.
        (3) The complainant and any witnesses shall (i)
    receive notice of the name of the individual with
    authority to make a finding or approve an accommodation in
    the proceeding before the individual may initiate contact
    with the complainant and any witnesses and (ii) have the
    opportunity to request a substitution if the participation
    of an individual with authority to make a finding or
    approve an accommodation poses a conflict of interest.
    (c) When the alleged violation of this amendatory Act of
the 102nd General Assembly involves making a determination or
finding of responsibility of causing harm:
        (1) The individual making the finding must use a
    preponderance of evidence standard to determine whether
    the incident occurred.
        (2) The complainant and respondent and any witnesses
    may not directly or through a representative question one
    another. At the discretion of the individual resolving the
    complaint, the complainant and the respondent may suggest
    questions to be posed by the individual resolving the
    complaint and if the individual resolving the complaint
    decides to pose such questions.
        (3) A live hearing is not required. If the complaint
    resolution procedure includes a hearing, no student who is
    a witness, including the complainant, may be compelled to
    testify in the presence of a party or other witness. If a
    witness invokes this right to testify outside the presence
    of the other party or other witnesses, then the school
    district must provide an option by which each party may,
    at a minimum, hear such witnesses' testimony.
    (d) Each party and witness may request and must be allowed
to have a representative or support persons of their choice
accompany them to any meeting or proceeding related to the
alleged violence or violation of this amendatory Act of the
102nd General Assembly if the involvement of the
representative or support persons does not result in undue
delay of the meeting or proceeding. This representative or
support persons must comply with any rules of the school
district's complaint resolution procedure. If the
representative or support persons violate the rules or engage
in behavior or advocacy that harasses, abuses, or intimidates
either part, a witness, or an individual resolving the
complaint, the representative or support person may be
prohibited from further participation in the meeting or
proceeding.
    (e) The complainant, regardless of the level of
involvement in the complaint resolution procedure, and the
respondent must have the opportunity to provide or present
evidence and witnesses on their behalf during the complaint
resolution procedure.
    (f) The complainant and respondent and any named
perpetrator directly impacted by the results of the complaint
resolution procedure, are entitled to simultaneous written
notification of the results of the complaint resolution
procedure, including information regarding appeals rights and
procedures, within 10 business days after a decision or sooner
if required by State or federal law or district policy.
        (1) The complainant, respondents, and named
    perpetrator if directly impacted by the results of the
    complaint resolution procedure must, at a minimum, have
    the right to timely appeal the complaint resolution
    procedure's findings or remedies if a party alleges (i) a
    procedural error occurred, (ii) new information exists
    that would substantially change the outcome of the
    proceeding, (iii) the remedy is not sufficiently related
    to the finding, or (iv) the decision is against the weight
    of the evidence.
        (2) An individual reviewing the findings or remedies
    may not have previously participated in the complaint
    resolution procedure and may not have a conflict of
    interest with either party.
        (3) The complainant and respondent and any
    perpetrators directly impacted by the results of the
    complaint resolution procedure must receive the appeal
    decision, in writing, within 10 business days, but never
    more than 15 business days, after the conclusion of the
    review of findings or remedies or sooner if required by
    State or federal law.
    (g) Each school district must have a procedure to
determine interim protective measures and support services
available pending the resolution of the complaint including
the implementation of court orders.
 
    (105 ILCS 5/26A-30 new)
    Sec. 26A-30. Confidentiality.
    (a) Each school district must adopt and ensure that it has
and implements a policy to ensure that all information
concerning a student's status and related experiences as a
parent, expectant parent, or victim of domestic or sexual
violence, or a student who is a named perpetrator of domestic
or sexual violence, provided to or otherwise obtained by the
school district or its employees or agents pursuant to this
Code or otherwise, including a statement of the student or any
other documentation, record, or corroborating evidence that
the student has requested or obtained assistance, support, or
services pursuant to this Code, shall be retained in the
strictest of confidence by the school district or its
employees or agents and may not be disclosed to any other
individual outside of the district, including any other
employee, except if such disclosure is (i) permitted by the
Illinois School Student Records Act, the federal Family
Educational Rights and Privacy Act of 1974, or other
applicable State or federal laws, or (ii) requested or
consented to, in writing, by the student or the student's
parent or guardian if it is safe to obtain written consent from
the student's parent or guardian.
    (b) Prior to disclosing information about a student's
status as a parent, expectant parent, or victim of domestic or
sexual violence, a school must notify the student and discuss
and address any safety concerns related to the disclosure,
including instances in which the student indicates or the
school or school district or its employees or agents are
otherwise aware that the student's health or safety may be at
risk if his or her status is disclosed to the student's parent
or guardian, except as otherwise permitted by applicable State
or federal law, including the Abused and Neglected Child
Reporting Act, the Illinois School Student Records Act, the
federal Family Educational Rights and Privacy Act of 1974, and
professional ethics policies that govern professional school
personnel.
    (c) No student may be required to testify publicly
concerning his or her status as a victim of domestic or sexual
violence, allegations of domestic or sexual violence, his or
her status as a parent or expectant parent, or the student's
efforts to enforce any of his or her rights under provisions of
this Code relating to students who are parents, expectant
parents, or victims of domestic or sexual violence.
    (d) In the case of domestic or sexual violence, except as
permitted under State or federal law, or to the extent that a
school official determines that the school official has an
obligation to do so based on safety concerns or threats to the
community, including the victim, a school district must not
contact the person named to be the perpetrator, the
perpetrator's family, or any other person named by the student
or named by the student's parent or guardian to be unsafe to
contact to verify the violence. A school district must not
contact the perpetrator, the perpetrator's family, or any
other person named by the student or the student's parent or
guardian to be unsafe for any other reason without providing
prior written notice to the student's parent or guardian.
Nothing in this Section prohibits the school or school
district from taking other steps to investigate the violence
or from contacting persons not named by the student or the
student's parent or guardian as unsafe to contact. Nothing in
this Section prohibits the school or school district from
taking reasonable steps to protect students. If the reasonable
steps taken to protect students involve conduct that is
prohibited under this subsection, the school must provide
notice to the reporting student, in writing and in a
developmentally appropriate communication format, of its
intent to contact the parties named to be unsafe.
 
    (105 ILCS 5/26A-35 new)
    Sec. 26A-35. Domestic or sexual violence and parenting
resource personnel.
    (a) Each school district shall designate or appoint at
least one staff person at each school in the district who is
employed at least part time at the school and who is a school
social worker, school psychologist, school counselor, school
nurse, or school administrator trained to address, in a
survivor-centered, trauma responsive, culturally responsive,
confidential, and sensitive manner, the needs of students who
are parents, expectant parents, or victims of domestic or
sexual violence. The designated or appointed staff person must
have all of the following duties:
        (1) To connect students who are parents, expectant
    parents, or victims of domestic or sexual violence to
    appropriate in-school services or other agencies,
    programs, or services as needed.
        (2) To coordinate the implementation of the school's
    and school district's policies, procedures, and protocols
    in cases involving student allegations of domestic or
    sexual violence.
        (3) To coordinate the implementation of the school's
    and school district's policies and procedures as set forth
    in provisions of this Code concerning students who are
    parents, expectant parents, or victims of domestic or
    sexual violence.
        (4) To assist students described in paragraph (1) in
    their efforts to exercise and preserve their rights as set
    forth in provisions of this Code concerning students who
    are parents, expectant parents, or victims of domestic or
    sexual violence.
        (5) To assist in providing staff development to
    establish a positive and sensitive learning environment
    for students described in paragraph (1).
    (b) A member of staff who is designated or appointed under
subsection (a) must (i) be trained to understand, provide
information and referrals, and address issues pertaining to
youth who are parents, expectant parents, or victims of
domestic or sexual violence, including the theories and
dynamics of domestic and sexual violence, the necessity for
confidentiality and the law, policy, procedures, and protocols
implementing confidentiality, and the notification of the
student's parent or guardian regarding the student's status as
a parent, expectant parent, or victim of domestic or sexual
violence or the enforcement of the student's rights under this
Code if the notice of the student's status or the involvement
of the student's parent or guardian may put the health or
safety of the student at risk, including the rights of minors
to consent to counseling services and psychotherapy under the
Mental Health and Developmental Disabilities Code, or (ii) at
a minimum, have participated in an in-service training program
under subsection (d) of Section 10-22.39 that includes
training on the rights of minors to consent to counseling
services and psychotherapy under the Mental Health and
Developmental Disabilities Code within 12 months prior to his
or her designation or appointment.
    (c) A school district must designate or appoint and train
all domestic or sexual violence and parenting resource
personnel, and the personnel must assist in implementing the
duties as described in this Section no later than June 30,
2024, except in those school districts in which there exists a
collective bargaining agreement on the effective date of this
amendatory Act of the 102nd General Assembly and the
implementation of this Section would be a violation of that
collective bargaining agreement. If implementation of some
activities required under this Section is prevented by an
existing collective bargaining agreement, a school district
must comply with this Section to the fullest extent allowed by
the existing collective bargaining agreement no later than
June 30, 2024. In those instances in which a collective
bargaining agreement that either fully or partially prevents
full implementation of this Section expires after June 30,
2024, a school district must designate or appoint and train
all domestic and sexual violence and parenting resource
personnel, who shall implement the duties described in this
Section no later than the effective date of the new collective
bargaining agreement that immediately succeeds the collective
bargaining agreement in effect on the effective date of this
amendatory Act of the 102nd General Assembly.
 
    (105 ILCS 5/26A-40 new)
    Sec. 26A-40. Support and services.
    (a) To facilitate the full participation of students who
are parents, expectant parents, or victims of domestic or
sexual violence, each school district must provide those
students with in-school support services and information
regarding nonschool-based support services, and the ability to
make up work missed on account of circumstances related to the
student's status as a parent, expectant parent, or victim of
domestic or sexual violence. Victims of domestic or sexual
violence must have access to those supports and services
regardless of when or where the violence for which they are
seeking supports and services occurred. All supports and
services must be offered for as long as necessary to maintain
the mental and physical well-being and safety of the student.
Schools may periodically check on students receiving supports
and services to determine whether each support and service
continues to be necessary to maintain the mental and physical
well-being and safety of the student or whether termination is
appropriate.
    (b) Supports provided under subsection (a) shall include,
but are not limited to (i) the provision of sufficiently
private settings to ensure confidentiality and time off from
class for meetings with counselors or other service providers,
(ii) assisting the student with a student success plan, (iii)
transferring a victim of domestic or sexual violence or the
student perpetrator to a different classroom or school, if
available, (iv) changing a seating assignment, (v)
implementing in-school, school grounds, and bus safety
procedures, (vi) honoring court orders, including orders of
protection and no-contact orders to the fullest extent
possible, and (vii) providing any other supports that may
facilitate the full participation in the regular education
program of students who are parents, expectant parents, or
victims of domestic or sexual violence.
    (c) If a student who is a parent, expectant parent, or
victim of domestic or sexual violence is a student at risk of
academic failure or displays poor academic performance, the
student or the student's parent or guardian may request that
the school district provide the student with or refer the
student to education and support services designed to assist
the student in meeting State learning standards. A school
district may either provide education or support services
directly or may collaborate with public or private State,
local, or community-based organizations or agencies that
provide these services. A school district must also inform
those students about support services of nonschool-based
organizations and agencies from which those students typically
receive services in the community.
    (d) Any student who is unable, because of circumstances
related to the student's status as a parent, expectant parent,
or victim of domestic or sexual violence, to participate in
classes on a particular day or days or at the particular time
of day must be excused in accordance with the procedures set
forth in this Code. Upon student or parent or guardian's
request, the teachers and of the school administrative
personnel and officials shall make available to each student
who is unable to participate because of circumstances related
to the student's status as a parent, expectant parent, or
victim of domestic or sexual violence a meaningful opportunity
to make up any examination, study, or work requirement that
the student has missed because of the inability to participate
on any particular day or days or at any particular time of day.
For a student receiving homebound instruction, it is the
responsibility of the student and parent to work with the
school or school district to meet academic standards for
matriculation, as defined by school district policy. Costs
assessed by the school district on the student for
participation in those activities shall be considered waivable
fees for any student whose parent or guardian is unable to
afford them, consistent with Section 10-20.13. Each school
district must adopt written policies for waiver of those fees
in accordance with rules adopted by the State Board of
Education.
    (e) If a school or school district employee or agent
becomes aware of or suspects a student's status as a parent,
expectant parent, or victim of domestic or sexual violence, it
is the responsibility of the employee or agent of the school or
school district to refer the student to the school district's
domestic or sexual violence and parenting resource personnel
set forth in Section 26A-35. A school district must make
respecting a student's privacy, confidentiality, mental and
physical health, and safety a paramount concern.
    (f) Each school must honor a student's and a parent's or
guardian's decision to obtain education and support services
and nonschool-based support services, to terminate the receipt
of those education and support services, or nonschool-based
support services, or to decline participation in those
education and support services, or nonschool-based support
services. No student is obligated to use education and support
services, or nonschool-based support services. In developing
educational support services, the privacy, mental and physical
health, and safety of the student shall be of paramount
concern. No adverse or prejudicial effects may result to any
student because of the student's availing of or declining the
provisions of this Section as long as the student is working
with the school to meet academic standards for matriculation
as defined by school district policy.
    (g) Any support services must be available in any school
or by home or hospital instruction to the highest quality and
fullest extent possible for the individual setting.
    (h) School-based counseling services, if available, must
be offered to students who are parents, expectant parents, or
victims of domestic or sexual violence consistent with the
Mental Health and Developmental Disabilities Code. At least
once every school year, each school district must inform, in
writing, all school personnel and all students 12 years of age
or older of the availability of counseling without parental or
guardian consent under Section 3-5A-105 (to be renumbered as
Section 3-550 in a revisory bill as of the effective date of
this amendatory Act of the 102nd General Assembly) of the
Mental Health and Developmental Disabilities Code. This
information must also be provided to students immediately
after any school personnel becomes aware that a student is a
parent, expectant parent, or victim of domestic or sexual
violence.
    (i) All domestic or sexual violence organizations and
their staff and any other nonschool organization and its staff
shall maintain confidentiality under federal and State laws
and their professional ethics policies regardless of when or
where information, advice, counseling, or any other
interaction with students takes place. A school or school
district may not request or require those organizations or
individuals to breach confidentiality.
 
    (105 ILCS 5/26A-45 new)
    Sec. 26A-45. Verification.
    (a) For purposes of students asserting their rights under
provisions relating to domestic or sexual violence in Sections
10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
school district may require verification of the claim. The
student or the student's parents or guardians shall choose
which form of verification to submit to the school district. A
school district may only require one form of verification,
unless the student is requesting a transfer to another school,
in which case the school district may require 2 forms of
verification. All forms of verification received by a school
district under this subsection (a) must be kept in a
confidential temporary file, in accordance with the Illinois
School Student Records Act. Any one of the following shall be
an acceptable form of verification of a student's claim of
domestic or sexual violence:
        (1) A written statement from the student or anyone who
    has knowledge of the circumstances that support the
    student's claim. This may be in the form of a complaint.
        (2) A police report, governmental agency record, or
    court record.
        (3) A statement or other documentation from a domestic
    or sexual violence organization or any other organization
    from which the student sought services or advice.
        (4) Documentation from a lawyer, clergy person,
    medical professional, or other professional from whom the
    student sought services or advice related to domestic or
    sexual violence.
        (5) Any other evidence, such as physical evidence of
    violence, which supports the claim.
    (b) A student or a student's parent or guardian who has
provided acceptable verification that the student is or has
been a victim of domestic or sexual violence may not be
required to provide any additional verification if the
student's efforts to assert rights under this Code stem from a
claim involving the same perpetrator or the same incident of
violence. No school or school district shall request or
require additional documentation.
    (c) The person named to be the perpetrator, the
perpetrator's family, or any other person named by the student
or the student's parent or guardian to be unsafe to contact may
not be contacted to verify the violence, except to the extent
that the district determines that it has an obligation to do so
based on federal or State law or safety concerns for the school
community, including such concerns for the victim. Prior to
making contact, a school must notify the student and his or his
parent or guardian in writing and in a developmentally
appropriate manner, and discuss and address any safety
concerns related to making such contact.
 
    (105 ILCS 5/26A-50 new)
    Sec. 26A-50. Prohibited practices. No school or school
district may take any adverse action against a student who is a
parent, expectant parent, or victim of domestic or sexual
violence because the student or his or her parent or guardian
(i) exercises or attempts to exercise his or her rights under
this amendatory Act of the 102nd General Assembly, (ii)
opposes practices that the student or his or her parent or
guardian believes to be in violation of this amendatory Act of
the 102nd General Assembly, or (iii) supports the exercise of
the rights of another under this amendatory Act of the 102nd
General Assembly. Exercising rights under this amendatory Act
of the 102nd General Assembly includes, but is not limited to,
filing a complaint with the school district as set forth in
this Code or in any manner requesting, availing himself or
herself of, or declining any of the provisions of this Code,
including, but not limited to, supports and services.
 
    (105 ILCS 5/27A-5)
    Sec. 27A-5. Charter school; legal entity; requirements.
    (a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
    (b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
    (b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
    From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
    (c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
    (c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
    (d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
    A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
    (e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
    (f) A charter school shall be responsible for the
management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. To ensure financial accountability for the use of
public funds, on or before December 1 of every year of
operation, each charter school shall submit to its authorizer
and the State Board a copy of its audit and a copy of the Form
990 the charter school filed that year with the federal
Internal Revenue Service. In addition, if deemed necessary for
proper financial oversight of the charter school, an
authorizer may require quarterly financial statements from
each charter school.
    (g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
        (1) Sections 10-21.9 and 34-18.5 of this Code
    regarding criminal history records checks and checks of
    the Statewide Sex Offender Database and Statewide Murderer
    and Violent Offender Against Youth Database of applicants
    for employment;
        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
    34-84a of this Code regarding discipline of students;
        (3) the Local Governmental and Governmental Employees
    Tort Immunity Act;
        (4) Section 108.75 of the General Not For Profit
    Corporation Act of 1986 regarding indemnification of
    officers, directors, employees, and agents;
        (5) the Abused and Neglected Child Reporting Act;
        (5.5) subsection (b) of Section 10-23.12 and
    subsection (b) of Section 34-18.6 of this Code;
        (6) the Illinois School Student Records Act;
        (7) Section 10-17a of this Code regarding school
    report cards;
        (8) the P-20 Longitudinal Education Data System Act;
        (9) Section 27-23.7 of this Code regarding bullying
    prevention;
        (10) Section 2-3.162 of this Code regarding student
    discipline reporting;
        (11) Sections 22-80 and 27-8.1 of this Code;
        (12) Sections 10-20.60 and 34-18.53 of this Code;
        (13) Sections 10-20.63 and 34-18.56 of this Code;
        (14) Section 26-18 of this Code;
        (15) Section 22-30 of this Code;
        (16) Sections 24-12 and 34-85 of this Code;
        (17) the Seizure Smart School Act; and
        (18) Section 2-3.64a-10 of this Code; and .
        (19) Article 26A of this Code.
    The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
    (h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
    (i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
    (j) A charter school may limit student enrollment by age
or grade level.
    (k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
6-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
3-8-21.)
 
    (105 ILCS 5/34-18.24)
    Sec. 34-18.24. Transfer of students.
    (a) The board shall establish and implement a policy
governing the transfer of a student from one attendance center
to another within the school district upon the request of the
student's parent or guardian. A student may not transfer to
any of the following attendance centers, except by change in
residence if the policy authorizes enrollment based on
residence in an attendance area or unless approved by the
board on an individual basis:
        (1) An attendance center that exceeds or as a result
    of the transfer would exceed its attendance capacity.
        (2) An attendance center for which the board has
    established academic criteria for enrollment if the
    student does not meet the criteria.
        (3) Any attendance center if the transfer would
    prevent the school district from meeting its obligations
    under a State or federal law, court order, or consent
    decree applicable to the school district.
(b) The board shall establish and implement a policy governing
the transfer of students within the school district from a
persistently dangerous attendance center to another attendance
center in that district that is not deemed to be persistently
dangerous. In order to be considered a persistently dangerous
attendance center, the attendance center must meet all of the
following criteria for 2 consecutive years:
        (1) Have greater than 3% of the students enrolled in
    the attendance center expelled for violence-related
    conduct.
        (2) Have one or more students expelled for bringing a
    firearm to school as defined in 18 U.S.C. 921.
        (3) Have at least 3% of the students enrolled in the
    attendance center exercise the individual option to
    transfer attendance centers pursuant to subsection (c) of
    this Section.
    (c) A student may transfer from one attendance center to
another attendance center within the district if the student
is a victim of a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act. The violent crime
must have occurred on school grounds during regular school
hours or during a school-sponsored event.
    (d) (Blank).
    (e) Notwithstanding any other provision of this Code, a
student who is a victim of domestic or sexual violence, as
defined in Article 26A, must be allowed to transfer to another
school immediately and as needed if the student's continued
attendance at a particular attendance center, school facility,
or school location poses a risk to the student's mental or
physical well-being or safety. A student who transfers to
another school under this subsection (e) due to domestic or
sexual violence must have full and immediate access to
extracurricular activities and any programs or activities
offered by or under the auspices of the school to which the
student has transferred. The school district may not require a
student who is a victim of domestic or sexual violence to
transfer to another school. No adverse or prejudicial effects
may result to any student who is a victim of domestic or sexual
violence because of the student availing himself or herself of
or declining the provisions of this subsection (e). The school
district may require a student to verify his or her claim of
domestic or sexual violence under Section 26A-45 before
approving a transfer to another school under this subsection
(e).
(Source: P.A. 100-1046, eff. 8-23-18.)
 
    Section 10. The Illinois School Student Records Act is
amended by changing Section 2 as follows:
 
    (105 ILCS 10/2)  (from Ch. 122, par. 50-2)
    Sec. 2. As used in this Act: ,
    (a) "Student" means any person enrolled or previously
enrolled in a school.
    (b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school,
but does not include a private or non-public school.
    (c) "State Board" means the State Board of Education.
    (d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except
a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
    (e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
    (f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include all of the
following:
        (1) Information information provided under Section 8.6
    of the Abused and Neglected Child Reporting Act and
    information contained in service logs maintained by a
    local education agency under subsection (d) of Section
    14-8.02f of the School Code.
        (2) Information In addition, the student temporary
    record shall include information regarding serious
    disciplinary infractions that resulted in expulsion,
    suspension, or the imposition of punishment or sanction.
    For purposes of this provision, serious disciplinary
    infractions means: infractions involving drugs, weapons,
    or bodily harm to another.
        (3) Information concerning a student's status and
    related experiences as a parent, expectant parent, or
    victim of domestic or sexual violence, as defined in
    Article 26A of the School Code, including a statement of
    the student or any other documentation, record, or
    corroborating evidence and the fact that the student has
    requested or obtained assistance, support, or services
    related to that status. Enforcement of this paragraph (3)
    shall follow the procedures provided in Section 26A-40 of
    the School Code.
    (g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(Source: P.A. 101-515, eff. 8-23-19; revised 12-3-19.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
 
    (30 ILCS 805/8.45 new)
    Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 102nd General Assembly.
 
    Section 99. Effective date. This Act takes effect July 1,
2025.