Bill Amendment: IL SB0449 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: SCH CD-PARENT-VICTIM-SERVICES

Status: 2021-01-13 - Session Sine Die [SB0449 Detail]

Download: Illinois-2019-SB0449-House_Amendment_002.html

Rep. Anna Moeller

Filed: 5/23/2019

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1
AMENDMENT TO SENATE BILL 449
2 AMENDMENT NO. ______. Amend Senate Bill 449, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
5 "Section 5. The School Code is amended by changing Sections
610-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
734-18.24 and by adding Article 26A as follows:
8 (105 ILCS 5/10-21.3a)
9 Sec. 10-21.3a. Transfer of students.
10 (a) Each school board shall establish and implement a
11policy governing the transfer of a student from one attendance
12center to another within the school district upon the request
13of the student's parent or guardian. A student may not transfer
14to any of the following attendance centers, except by change in
15residence if the policy authorizes enrollment based on
16residence in an attendance area or unless approved by the board

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

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1victim of a violent crime as defined in Section 3 of the Rights
2of Crime Victims and Witnesses Act. The violent crime must have
3occurred on school grounds during regular school hours or
4during a school-sponsored event.
5 (d) (Blank).
6 (e) Notwithstanding any other provision of this Code, a
7student who is a victim of gender-based violence, as defined in
8Article 26A, must be permitted to transfer schools immediately
9and as needed, including to a school in another school
10district, if the student's continued attendance at a particular
11attendance center, school facility, or school location poses a
12risk to the student's mental or physical well-being or safety.
13A transfer under this subsection within the student's current
14school district must be considered before a transfer into a
15different school district. The school district the student
16transfers to must be an adjoining school district, unless there
17is no attendance center, school facility, or school location in
18that district in which the student's attendance poses no risk
19to the student's mental or physical well-being or safety. The
20school district the student seeks to transfer to may deny a
21transfer to a particular attendance center if (i) the
22attendance center exceeds or, as a result of the transfer,
23would exceed its attendance capacity, (ii) the student does not
24meet the attendance center's academic criteria for enrollment,
25or (iii) the transfer would prevent the school district from
26meeting obligations under State or federal law, a court order,

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1or a consent decree. If no adjoining school district is
2available for transfer, the student may transfer to another
3school district, unless there is no attendance center, school
4facility, or school location in that district in which the
5student's attendance poses no risk to the student's mental or
6physical well-being or safety. The school district the student
7seeks to transfer to may deny a transfer to a particular
8attendance center if any of the situations described in items
9(i) through (iii) of this subsection apply. A school district
10must waive tuition for a student who transfers under this
11subsection to the school district and is a nonresident. A
12student who transfers to another school under this subsection
13due to gender-based violence must have full and immediate
14access to extracurricular activities and any programs or
15activities offered by or under the auspices of the school to
16which the student has transferred. A school district may not
17require a student who is a victim of gender-based violence to
18transfer to another school or school district. No adverse or
19prejudicial effects may result to any student who is a victim
20of gender-based violence because of the student availing
21himself or herself of or declining the provisions of this
22subsection. A school district may require a student to verify
23his or her claim of gender-based violence under Section 26A-45
24before approving the student's transfer to another school under
25this subsection.
26(Source: P.A. 100-1046, eff. 8-23-18.)

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1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
2 Sec. 10-22.6. Suspension or expulsion of pupils; school
3searches.
4 (a) To expel pupils guilty of gross disobedience or
5misconduct, including gross disobedience or misconduct
6perpetuated by electronic means, pursuant to subsection (b-20)
7of this Section, and no action shall lie against them for such
8expulsion. Expulsion shall take place only after the parents
9have been requested to appear at a meeting of the board, or
10with a hearing officer appointed by it, to discuss their
11child's behavior. Such request shall be made by registered or
12certified mail and shall state the time, place and purpose of
13the meeting. The board, or a hearing officer appointed by it,
14at such meeting shall state the reasons for dismissal and the
15date on which the expulsion is to become effective. If a
16hearing officer is appointed by the board, he shall report to
17the board a written summary of the evidence heard at the
18meeting and the board may take such action thereon as it finds
19appropriate. If the board acts to expel a pupil, the written
20expulsion decision shall detail the specific reasons why
21removing the pupil from the learning environment is in the best
22interest of the school. The expulsion decision shall also
23include a rationale as to the specific duration of the
24expulsion. An expelled pupil may be immediately transferred to
25an alternative program in the manner provided in Article 13A or

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113B of this Code. A pupil must not be denied transfer because
2of the expulsion, except in cases in which such transfer is
3deemed to cause a threat to the safety of students or staff in
4the alternative program.
5 (b) To suspend or by policy to authorize the superintendent
6of the district or the principal, assistant principal, or dean
7of students of any school to suspend pupils guilty of gross
8disobedience or misconduct, or to suspend pupils guilty of
9gross disobedience or misconduct on the school bus from riding
10the school bus, pursuant to subsections (b-15) and (b-20) of
11this Section, and no action shall lie against them for such
12suspension. The board may by policy authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend pupils
15guilty of such acts for a period not to exceed 10 school days.
16If a pupil is suspended due to gross disobedience or misconduct
17on a school bus, the board may suspend the pupil in excess of
1810 school days for safety reasons.
19 Any suspension shall be reported immediately to the parents
20or guardian of a pupil along with a full statement of the
21reasons for such suspension and a notice of their right to a
22review. The school board must be given a summary of the notice,
23including the reason for the suspension and the suspension
24length. Upon request of the parents or guardian, the school
25board or a hearing officer appointed by it shall review such
26action of the superintendent or principal, assistant

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1principal, or dean of students. At such review, the parents or
2guardian of the pupil may appear and discuss the suspension
3with the board or its hearing officer. If a hearing officer is
4appointed by the board, he shall report to the board a written
5summary of the evidence heard at the meeting. After its hearing
6or upon receipt of the written report of its hearing officer,
7the board may take such action as it finds appropriate. If a
8student is suspended pursuant to this subsection (b), the board
9shall, in the written suspension decision, detail the specific
10act of gross disobedience or misconduct resulting in the
11decision to suspend. The suspension decision shall also include
12a rationale as to the specific duration of the suspension. A
13pupil who is suspended in excess of 20 school days may be
14immediately transferred to an alternative program in the manner
15provided in Article 13A or 13B of this Code. A pupil must not
16be denied transfer because of the suspension, except in cases
17in which such transfer is deemed to cause a threat to the
18safety of students or staff in the alternative program.
19 (b-5) Among the many possible disciplinary interventions
20and consequences available to school officials, school
21exclusions, such as out-of-school suspensions and expulsions,
22are the most serious. School officials shall limit the number
23and duration of expulsions and suspensions to the greatest
24extent practicable, and it is recommended that they use them
25only for legitimate educational purposes. To ensure that
26students are not excluded from school unnecessarily, it is

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1recommended that school officials consider forms of
2non-exclusionary discipline prior to using out-of-school
3suspensions or expulsions.
4 (b-10) Unless otherwise required by federal law or this
5Code, school boards may not institute zero-tolerance policies
6by which school administrators are required to suspend or expel
7students for particular behaviors.
8 (b-15) Out-of-school suspensions of 3 days or less may be
9used only if the student's continuing presence in school would
10pose a threat to school safety or a disruption to other
11students' learning opportunities. For purposes of this
12subsection (b-15), "threat to school safety or a disruption to
13other students' learning opportunities" shall be determined on
14a case-by-case basis by the school board or its designee.
15School officials shall make all reasonable efforts to resolve
16such threats, address such disruptions, and minimize the length
17of suspensions to the greatest extent practicable.
18 (b-20) Unless otherwise required by this Code,
19out-of-school suspensions of longer than 3 days, expulsions,
20and disciplinary removals to alternative schools may be used
21only if other appropriate and available behavioral and
22disciplinary interventions have been exhausted and the
23student's continuing presence in school would either (i) pose a
24threat to the safety of other students, staff, or members of
25the school community or (ii) substantially disrupt, impede, or
26interfere with the operation of the school. For purposes of

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1this subsection (b-20), "threat to the safety of other
2students, staff, or members of the school community" and
3"substantially disrupt, impede, or interfere with the
4operation of the school" shall be determined on a case-by-case
5basis by school officials. For purposes of this subsection
6(b-20), the determination of whether "appropriate and
7available behavioral and disciplinary interventions have been
8exhausted" shall be made by school officials. School officials
9shall make all reasonable efforts to resolve such threats,
10address such disruptions, and minimize the length of student
11exclusions to the greatest extent practicable. Within the
12suspension decision described in subsection (b) of this Section
13or the expulsion decision described in subsection (a) of this
14Section, it shall be documented whether other interventions
15were attempted or whether it was determined that there were no
16other appropriate and available interventions.
17 (b-25) Students who are suspended out-of-school for longer
18than 4 school days shall be provided appropriate and available
19support services during the period of their suspension. For
20purposes of this subsection (b-25), "appropriate and available
21support services" shall be determined by school authorities.
22Within the suspension decision described in subsection (b) of
23this Section, it shall be documented whether such services are
24to be provided or whether it was determined that there are no
25such appropriate and available services.
26 A school district may refer students who are expelled to

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1appropriate and available support services.
2 A school district shall create a policy to facilitate the
3re-engagement of students who are suspended out-of-school,
4expelled, or returning from an alternative school setting.
5 (b-30) A school district shall create a policy by which
6suspended pupils, including those pupils suspended from the
7school bus who do not have alternate transportation to school,
8shall have the opportunity to make up work for equivalent
9academic credit. It shall be the responsibility of a pupil's
10parent or guardian to notify school officials that a pupil
11suspended from the school bus does not have alternate
12transportation to school.
13 (b-35) In all suspension or expulsion proceedings,
14including, but not limited to, suspension or expulsion from
15school, riding a school bus, or participating in any school
16activity or program, a student may disclose his or her status
17as a parent, expectant parent, or victim of gender-based
18violence, as defined in Article 26A, and, if the student
19alleges that this status is a factor in the behavior that gave
20rise to the suspension or expulsion proceeding, the status must
21be considered as a mitigating factor in determining whether to
22suspend or expel the student or in deciding the nature or
23severity of the disciplinary action taken against the student
24at any time throughout the proceedings or during the
25disciplinary period. An advocate or representative of the
26student's choice must be permitted to represent the student

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1throughout the proceedings and to consult with the school board
2if there is evidence that the student's status as a parent,
3expectant parent, or victim of gender-based violence may be a
4factor in the cause for expulsion or suspension. A student who
5discloses his or her status as a victim of gender-based
6violence may not be required to work out the problem directly
7with the perpetrator or the perpetrator's advocate or
8representative, be personally questioned or cross-examined by
9the perpetrator or the perpetrator's advocate or
10representative, have any direct contact with the perpetrator or
11the perpetrator's advocate or representative, or be in the same
12room as the perpetrator or the perpetrator's advocate or
13representative during the proceedings. A suspension or
14expulsion proceeding under this subsection must be conducted
15independently from any ongoing criminal investigation or
16proceeding, and a lack of pursuit of criminal investigations or
17proceedings may not be a factor in school disciplinary
18decisions.
19 (c) The Department of Human Services shall be invited to
20send a representative to consult with the board at such meeting
21whenever there is evidence that mental illness may be the cause
22for expulsion or suspension.
23 (c-5) School districts shall make reasonable efforts to
24provide ongoing professional development to teachers,
25administrators, school board members, school resource
26officers, and staff on the adverse consequences of school

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

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

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

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1 (g) A school district may adopt a policy providing that if
2a student is suspended or expelled for any reason from any
3public or private school in this or any other state, the
4student must complete the entire term of the suspension or
5expulsion in an alternative school program under Article 13A of
6this Code or an alternative learning opportunities program
7under Article 13B of this Code before being admitted into the
8school district if there is no threat to the safety of students
9or staff in the alternative program. A school district that
10adopts a policy under this subsection must include a provision
11allowing for consideration of any mitigating factors,
12including a student's status as a parent, expectant parent, or
13victim of gender-based violence, as defined in Article 26A, in
14reviews during the disciplinary period and exempting a student
15from suspension or expulsion or lessening the nature or
16severity of the disciplinary action taken against a student,
17particularly when a mitigating factor is a factor in the
18behavior that gave rise to the suspension or expulsion or
19disciplinary action.
20 (h) School officials shall not advise or encourage students
21to drop out voluntarily due to behavioral or academic
22difficulties.
23 (i) A student may not be issued a monetary fine or fee as a
24disciplinary consequence, though this shall not preclude
25requiring a student to provide restitution for lost, stolen, or
26damaged property.

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1 (j) Subsections (a) through (i) of this Section shall apply
2to elementary and secondary schools, charter schools, special
3charter districts, and school districts organized under
4Article 34 of this Code.
5 (k) The expulsion of children enrolled in programs funded
6under Section 1C-2 of this Code is subject to the requirements
7under paragraph (7) of subsection (a) of Section 2-3.71 of this
8Code.
9 (l) Beginning with the 2018-2019 school year, an in-school
10suspension program provided by a school district for any
11students in kindergarten through grade 12 may focus on
12promoting non-violent conflict resolution and positive
13interaction with other students and school personnel. A school
14district may employ a school social worker or a licensed mental
15health professional to oversee an in-school suspension program
16in kindergarten through grade 12.
17(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
18100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
198-22-18; revised 10-1-18.)
20 (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
21 Sec. 10-22.6a. Home instruction; correspondence courses.
22 (a) To provide by home instruction, correspondence
23courses, or otherwise courses of instruction for a pupil who is
24pupils who are unable to attend school because of pregnancy or
25pregnancy-related conditions, the fulfillment of parenting

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1obligations related to the health of the pupil's child, or
2health and safety concerns arising from gender-based violence,
3as defined in Article 26A. Such instruction shall be provided
4to the pupil (1) before the birth of the child when the pupil's
5physician, physician assistant, or advanced practice nurse has
6indicated to the district, in writing, that the pupil is
7medically unable to attend regular classroom instruction; and
8(2) for up to 3 months following the birth of the child or a
9miscarriage; (3) when the pupil must care for his or her ill
10child if (i) the child's physician, physician assistant, or
11advanced practice registered nurse has indicated to the
12district, in writing, that the child has a serious health
13condition that would require the pupil to be absent from school
14for 2 or more consecutive weeks and (ii) the pupil or the
15pupil's parent or guardian indicates to the district, in
16writing, that the pupil is needed to provide care to the child
17during this period; or (4) when the pupil must treat physical
18or mental health complications or address safety concerns
19arising from gender-based violence if the pupil's domestic or
20sexual violence organization, as defined in Article 26A, or
21health care provider has indicated to the district, in writing,
22that the care is needed by the pupil and will cause the pupil's
23absence from school for 2 or more consecutive weeks. A school
24district must reassess home instruction provided to a pupil
25under item (3) or (4) once every 2 months to determine the
26pupil's continuing need for instruction under this Section. The

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1instruction course shall be designed to offer educational
2experiences that are equivalent to those given to pupils at the
3same grade level in the district and that are designed to
4enable the pupil to return to the classroom. In this subsection
5(a), "serious health condition" means an illness, injury,
6impairment, or physical or mental health condition that
7involves inpatient care in a hospital, hospice, or residential
8medical care facility or continuing treatment by a health care
9provider.
10 (b) Notwithstanding any other provision of law to the
11contrary, if a pupil is unable to attend regular classes
12because of the reasons set forth in this Section and has
13participated in instruction under this Section that is
14administered by the school or school district, then the pupil
15may not be penalized for grading purposes or be denied course
16completion, a return to regular classroom instruction, grade
17level advancement, or graduation solely on the basis of the
18pupil's participation in instruction under this Section or the
19pupil's absence from the regular education program during the
20period of instruction under this Section. A school or school
21district may not use instruction under this Section to replace
22making reasonable accommodations so that pupils who are
23parents, expectant parents, or victims of gender-based
24violence may receive regular classroom instruction.
25(Source: P.A. 100-443, eff. 8-25-17.)

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

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

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

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

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1mandates from the Race to the Top Grant through the federal
2American Recovery and Reinvestment Act of 2009 imposed on
3school districts designated as being in the lowest performing
45% of schools within the Race to the Top Grant application, or
5(iii) any changes made by this amendatory Act of the 101st
6General Assembly.
7 (d) In any instances in which this Section conflicts with
8the State Mandates Act, the State Mandates Act shall prevail.
9(Source: P.A. 96-1441, eff. 8-20-10.)
10 (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
11 Sec. 26-2a. A "truant" is defined as a child who is subject
12to compulsory school attendance and who is absent without valid
13cause, as defined under this Section, from such attendance for
14more than 1% but less than 5% of the past 180 school days.
15 "Valid cause" for absence shall be illness; attendance at a
16medical appointment; , observance of a religious holiday; ,
17death in the immediate family; , family emergency; , fulfillment
18of a student's parenting responsibility, including, but not
19limited to, arranging and providing child care, caring for the
20student's sick child, or attending medical appointments for the
21student's child; or addressing circumstances resulting from
22gender-based violence, as defined in Article 26A, including,
23but not limited to, experiencing gender-based violence,
24recovering from physical or psychological injuries, seeking
25medical attention, seeking services from a domestic or sexual

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1violence organization, as defined in Article 26A, seeking
2psychological or other counseling, participating in safety
3planning, temporarily or permanently relocating, seeking legal
4assistance or remedies, or taking any other action to increase
5the safety or health of the student or to protect the student
6from future gender-based violence and shall include such other
7situations beyond the control of the student as determined by
8the board of education in each district, or such other
9circumstances which cause reasonable concern to the parent for
10the mental, emotional, or physical health or safety of the
11student. A school district may require a student to verify his
12or her claim of gender-based violence under Section 26A-45
13before approving a valid cause for an absence of 3 or more
14consecutive days under this Section that is related to
15gender-based based violence.
16 "Chronic or habitual truant" shall be defined as a child
17who is subject to compulsory school attendance and who is
18absent without valid cause from such attendance for 5% or more
19of the previous 180 regular attendance days.
20 "Truant minor" is defined as a chronic truant to whom
21supportive services, including prevention, diagnostic,
22intervention and remedial services, alternative programs and
23other school and community resources have been provided and
24have failed to result in the cessation of chronic truancy, or
25have been offered and refused.
26 A "dropout" is defined as any child enrolled in grades 9

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1through 12 whose name has been removed from the district
2enrollment roster for any reason other than the student's
3death, extended illness, removal for medical non-compliance,
4expulsion, aging out, graduation, or completion of a program of
5studies and who has not transferred to another public or
6private school and is not known to be home-schooled by his or
7her parents or guardians or continuing school in another
8country.
9 "Religion" for the purposes of this Article, includes all
10aspects of religious observance and practice, as well as
11belief.
12(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
13revised 10-4-18.)
14 (105 ILCS 5/Art. 26A heading new)
15
ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT
16
PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE
17 (105 ILCS 5/26A-1 new)
18 Sec. 26A-1. Short title and application. This Article may
19be referred to as the Ensuring Success in School Law. This
20Article applies to all school districts and schools governed by
21this Code, including those under Articles 13, 13A, 13B, 27A,
2232, 33, and 34.
23 (105 ILCS 5/26A-5 new)

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1 Sec. 26A-5. Purpose. The purpose of this Article is to
2ensure that Illinois schools have policies, procedures, and
3protocols in place that ensure children and youth who are
4parents, expectant parents, or victims of gender-based
5violence are identified by schools in a manner respectful of
6their privacy and safety, treated with dignity and regard, and
7provided the protection, instruction, and related
8accommodations and services necessary to enable them to meet
9State educational standards and successfully attain a high
10school diploma. This Article shall be interpreted liberally to
11aid in this purpose.
12 (105 ILCS 5/26A-10 new)
13 Sec. 26A-10. Definitions. In this Article:
14 "Consent" includes, at a minimum, a recognition that (i)
15consent is a freely given agreement to sexual activity, (ii) a
16youth's lack of verbal or physical resistance or submission
17resulting from the use of threat of force does not constitute
18consent, (iii) a youth's manner of dress does not constitute
19consent, (iv) a youth's consent to past sexual activity does
20not constitute consent to future sexual activity, (v) a youth's
21consent to engage in sexual activity does not constitute
22consent to engage in sexual activity with another, (vi) a youth
23can withdraw consent at any time, and (vii) a youth cannot
24consent to sexual activity if that youth is unable to
25understand the nature of the activity or give knowing consent

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1due to circumstances that include, but are not limited to, all
2of the following:
3 (1) The youth is incapacitated due to the use or
4 influence of alcohol or drugs.
5 (2) The youth is asleep or unconscious.
6 (3) The youth is under age.
7 (4) The youth is incapacitated due to a mental
8 disability.
9 "Domestic or sexual violence organization" means a
10nonprofit, nongovernmental organization that provides
11assistance to victims of gender-based violence or advocates for
12those victims, including an organization carrying out a
13domestic or sexual violence or other gender-based violence
14program, an organization operating a shelter or a rape crisis
15center or providing counseling services, an accredited
16children's advocacy center, an organization that provides
17services to or advocates on behalf of youth who are gay,
18lesbian, bi-sexual, transgender, or gender nonconforming, an
19organization that provides services to or advocates on behalf
20of youth who are parents or expectant parents, or an
21organization seeking to eliminate gender-based violence or to
22address the consequences of that violence for its victims
23through legislative advocacy or policy change, public
24education, or service collaboration.
25 "Domestic violence" means abuse, as defined in Section 103
26of the Illinois Domestic Violence Act of 1986, by a family or

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1household member, as defined in Section 103 of the Illinois
2Domestic Violence Act of 1986.
3 "Electronic communication" includes communication via
4telephone, mobile phone, computer, email, video recorder, fax
5machine, telex, pager, apps or applications, or any other
6electronic communication or cyberstalking as defined in
7Section 12-7.5 of the Criminal Code of 2012.
8 "Expectant parent" means a youth who is pregnant or a youth
9who intends to act as a parent and who has not yet received a
10diploma for completion of a secondary education as defined in
11Section 22-22.
12 "Gender-based violence" means domestic violence,
13harassment, sexual activity without consent, sexual assault,
14sexual violence, or stalking. Gender-based violence may occur
15through electronic communication. Gender-based violence exists
16regardless of when or where the violence occurred, whether or
17not the violence is the subject of a criminal investigation or
18the perpetrator has been criminally charged or convicted of a
19crime, whether or not an order of protection or a no-contact
20order is pending before or has been issued by a court, or
21whether or not any gender-based violence took place on school
22grounds, during regular school hours, or during a
23school-sponsored event.
24 "Harassment" means any harassment or discrimination on the
25basis of an individual's actual or perceived sex or gender,
26including unwelcome sexual advances, requests for sexual

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1favors, other verbal or physical conduct of a sexual nature, or
2unwelcome conduct, including verbal, nonverbal, or physical
3conduct that is not sexual in nature, but is related to a
4student's status as a parent, expectant parent, or victim of
5gender-based violence.
6 "Parent", as it relates to a student, means a student who
7is a custodial or a noncustodial parent taking an active role
8in the care and supervision of a child and who has not yet
9received a diploma for completion of a secondary education, as
10defined in Section 22-22.
11 "Perpetrator" means an individual who commits or is alleged
12to have committed any act of gender-based violence. The term
13"perpetrator" must be used with caution when applied to
14children, particularly young children.
15 "Poor academic performance" means a student who has (i)
16scored in the 50th percentile or below on a school
17district-administered standardized test, (ii) received a score
18on a State assessment that does not meet standards in one or
19more of the fundamental learning areas under Section 27-1, as
20applicable for the student's grade level, or (iii) not met
21grade-level expectations on a school district-designed
22assessment.
23 "School", for purposes of the provisions of this Article
24relating to children and youth who are parents, expectant
25parents, or victims of gender-based violence, includes, but is
26not limited to, (i) a public or State-operated elementary or

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1secondary school, (ii) a school operated pursuant to an
2agreement with a public school district, including a
3cooperative or joint agreement with a governing body or board
4of control, (iii) a charter school operating in compliance with
5the Charter Schools Law, (iv) a school operated under Section
613A-3, (v) an alternative school operated by third parties
7within the City of Chicago under Section 13A-11, (vi) an
8alternative learning opportunities program operated under
9Article 13B, (vii) a public school administered by a local
10public agency or the Department of Human Services operating
11pursuant to the authority of this Code, and (viii) any schools
12otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34.
13 "School district", for purposes of the provisions of this
14Article relating to youth who are parents, expectant parents,
15or victims of domestic or sexual violence, means any public
16entity responsible for administering schools, including school
17districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34,
18or any other entity responsible for administering public
19schools, such as cooperatives, joint agreements, charter
20schools, special charter districts, regional offices of
21education, local agencies, or the Department of Human Services.
22 "Sexual activity" means any knowingly touching or fondling
23by one person, either directly or through clothing, of the sex
24organs, anus, mouth, or breast of another person for the
25purpose of sexual gratification or arousal.
26 "Sexual assault" means any conduct of an adult or minor

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1child proscribed in Article 11 of the Criminal Code of 2012,
2except for Sections 11-35 and 11-45 of the Criminal Code of
32012, or similar provisions of the Criminal Code of 1961,
4including conduct committed by perpetrators who are strangers
5to the victim and conduct committed by perpetrators who are
6known or related by blood or marriage to the victim.
7 "Stalking" means any conduct proscribed in Section 12-7.3,
812-7.4, or 12-7.5 of the Criminal Code of 2012, or similar
9provisions of the Criminal Code of 1961, including stalking
10committed by perpetrators who are strangers to the victim and
11stalking committed by perpetrators who are known or related by
12blood or marriage to the victim.
13 "Student" or "pupil" means any child or youth enrolled,
14eligible to enroll, or previously enrolled in a school who has
15not yet received a diploma for completion of a secondary
16education, as defined in Section 22-22.
17 "Student at risk of academic failure" means a student who
18is at risk of failing to meet Illinois Learning Standards or
19failing to graduate from elementary or high school and who
20demonstrates a need for educational support or social services
21beyond those provided by the regular school program.
22 "Victim" means an individual who has been subjected to one
23or more acts of gender-based violence.
24 "Youth" means a child, pupil, student, or juvenile below
25the age of 21 years who has not yet completed his or her
26prescribed course of study or has not received a diploma for

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1completion of a secondary education, as defined in Section
222-22. "Youth" includes, but is not limited to, unaccompanied
3youth not in the physical custody of a parent or guardian.
4 (105 ILCS 5/26A-15 new)
5 Sec. 26A-15. Ensuring Success in School working group.
6 (a) The Ensuring Success in School working group is hereby
7created, comprised of all of the following members:
8 (1) One member representing the Office of the Governor,
9 appointed by the Governor.
10 (2) One senator appointed by the President of the
11 Senate.
12 (3) One representative appointed by the Speaker of the
13 House of Representatives.
14 (4) One senator or representative, appointed by the
15 Governor.
16 (5) Four public members chosen by each of the Governor,
17 President of the Senate, Speaker of the House of
18 Representatives, Minority Leader of the Senate, and
19 Minority Leader of the House of Representatives from all of
20 the following entities, representative of the geographic,
21 racial, ethnic, sexual orientation, gender identity, and
22 cultural diversity in this State:
23 (A) A statewide, nonprofit, nongovernmental
24 domestic violence organization.
25 (B) A domestic violence victim's advocate or other

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1 service provider from a different nonprofit
2 organization.
3 (C) A statewide, nonprofit, nongovernmental sexual
4 assault organization.
5 (D) A sexual assault victim's advocate or service
6 provider from a different nonprofit, nongovernmental
7 sexual assault organization.
8 (E) A teen parent advocate or service provider from
9 a nonprofit, nongovernmental organization.
10 (F) A lesbian, gay, bi-sexual, transgender, or
11 nonconforming youth advocate or service provider from
12 a nonprofit, nongovernmental organization.
13 (G) An accredited children's advocacy center.
14 (H) A statewide, nonprofit, nongovernmental
15 multi-issue advocacy organization with expertise in a
16 cross-section of relevant issues.
17 (I) An organization that represents school social
18 workers.
19 (J) An organization that represents school
20 psychologists.
21 (K) An organization that represents school
22 counselors.
23 (L) A statewide professional teachers'
24 organization.
25 (M) A statewide organization representing school
26 boards.

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1 (N) A statewide organization representing
2 principals.
3 (O) A school district organized under Article 34.
4 (6) All of the following members, who shall serve as ex
5 officio members:
6 (A) The Lieutenant Governor or his or her designee.
7 (B) A representative of the State Board of
8 Education, appointed by the State Superintendent of
9 Education.
10 (C) A representative of the Department of Human
11 Services, appointed by the Director of Human Services.
12 (b) The Governor must select a chairperson of the working
13group from among the members of the group. Members of the
14working group shall serve for a term of 2 years without
15compensation, but may be reimbursed for their travel expenses
16from appropriations to the State Board made available for that
17purpose and subject to the rules of the appropriate travel
18control board. The Office of the Governor must provide the
19working group with administrative and technical support.
20 (c) The working group must meet at least once per quarter,
21at the call of the chairperson. The working group may hold no
22more than 2 public hearings annually to advise the Governor and
23the General Assembly on the implementation, monitoring, and
24evaluation of the changes made by this amendatory Act of the
25101st General Assembly by schools and school districts
26throughout the State, including, but not limited to, the

10100SB0449ham002- 35 -LRB101 04210 AXK 61067 a
1development of policies, procedures, and protocols to be
2implemented by schools and school districts. All meetings of
3the working group must be conducted in accordance with the Open
4Meetings Act. The working group must ensure the participation
5of youth who are parents, expectant parents, and victims of
6gender-based violence and incorporate those students' advice
7and recommendations into the working group's advice regarding
8the implementation, monitoring, and evaluation of the changes
9made by this amendatory Act of the 101st General Assembly. The
10working group may establish committees to address any issues
11that may arise while performing its duties under this Section.
12 (d) On or before June 30, 2021, and on or before each June
1330 annually thereafter, the working group must submit a report
14to the Governor and the General Assembly on its findings and
15recommendations. The reports issued to the General Assembly
16under this subsection must be provided to any member of the
17General Assembly upon request.
18 (105 ILCS 5/26A-20 new)
19 Sec. 26A-20. Review and revision of policies and
20procedures.
21 (a) No later than July 1, 2021, and every 2 years
22thereafter, each school district must review all existing
23policies and procedures and must revise any existing policies
24and procedures that may act as a barrier to the immediate
25enrollment and re-enrollment, attendance, graduation, and

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1success in school of any youth who is a parent, expectant
2parent, or victim of gender-based violence or any policies or
3procedures that may compromise a criminal investigation
4relating to gender-based violence or may re-victimize the
5youth. A school district must adopt new policies and
6procedures, as needed, to implement this Section and to ensure
7that immediate and effective steps are taken to respond to
8youth who are parents, expectant parents, or victims of
9gender-based violence.
10 (b) A school district must confer with persons with
11expertise in youth who are parents or expectant parents and
12with persons with expertise in youth who are victims of
13gender-based violence, including domestic and sexual violence
14organizations, in (i) the review and revision and the adoption
15and implementation of new policies and procedures under this
16Section, including those policies and procedures related to
17confidentiality, parental involvement, and a youth's
18health-related or safety-related concerns in connection with
19notifying a parent or guardian and (ii) the development and
20distribution of materials related to those youth, including
21outreach to youth not in school. A school district must ensure
22that all materials distributed to youth are age appropriate and
23culturally responsive and that youth are notified of and
24understand the school district's policies and procedures,
25including how and to whom to report any incident of
26gender-based violence.

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

10100SB0449ham002- 38 -LRB101 04210 AXK 61067 a
1 guardian to anonymously report the incident.
2 (6) An option for the youth or his or her parent or
3 guardian to confidentially report the incident.
4 (7) An option for reports by third parties and
5 bystanders.
6 (8) The adoption of a complaint resolution procedure as
7 provided in Section 26A-25.
8 (d) A school district must post its revised policies and
9procedures on its website, distribute them in written form at
10the beginning of each school year to each student, and make
11copies available to each student and his or her parent or
12guardian for inspection and copying at no cost to the student
13or parent or guardian at each school within a school district.
14 (105 ILCS 5/26A-25 new)
15 Sec. 26A-25. Complaint resolution procedure.
16 (a) On or before January 1, 2021, each school district must
17adopt one procedure to resolve complaints of alleged incidents
18of student-perpetrated, gender-based violence and violations
19of this amendatory Act of the 101st General Assembly. These
20procedures shall comply with the confidentiality provisions of
21Sections 26A-20 and 26A-30. The procedure must include, at a
22minimum, all of the following:
23 (1) The opportunity to consider the most appropriate
24 means to execute the procedure considering school safety,
25 the developmental level of students, methods to reduce

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1 trauma during the procedure, and how to avoid multiple
2 communications with students involved in an alleged
3 incident of gender-based violence.
4 (2) Any proceeding, meeting, or hearing held to resolve
5 complaints of alleged incidents of student perpetrated,
6 gender-based violence or violations of this amendatory Act
7 of the 101st General Assembly must protect the privacy of
8 the participating parties and witnesses. A school district
9 may not disclose the identity of the victim of gender-based
10 violence or the respondent, except as necessary to resolve
11 the complaint or to implement interim protective measures
12 and accommodations or when required by State or federal
13 law.
14 (3) Complainants alleging incidents of
15 student-perpetration of gender-based violence or
16 violations of this amendatory Act of the 101st General
17 Assembly must have the opportunity to request that the
18 complaint resolution procedure begin promptly and proceed
19 in a timely manner. Students who are parents, expectant
20 parents, or victims of gender-based violence or their
21 representatives may file complaints alleging either
22 student-perpetrated, gender-based violence or a violation
23 of this amendatory Act of the 101st General Assembly.
24 (b) A school district must determine the individuals who
25will resolve complaints of alleged incidents of
26student-perpetrated, gender-based violence or violations of

10100SB0449ham002- 40 -LRB101 04210 AXK 61067 a
1this amendatory Act of the 101st General Assembly.
2 (c) All individuals whose duties include resolution of
3complaints of alleged incidents of student-perpetrated,
4gender-based violence or violations of this amendatory Act of
5the 101st General Assembly must receive a minimum of 10 hours
6of annual training on issues related to gender-based violence
7and how to conduct the school district's complaint resolution
8procedure, which may include the in-service training required
9under subsection (d) of Section 10-22.39. This training must be
10conducted by an individual or individuals with expertise in
11gender-based violence in youth and expertise in
12developmentally appropriate communications with elementary and
13secondary school students regarding topics of a sexual,
14violent, or sensitive nature.
15 (d) Each school district must have a sufficient number of
16individuals trained to resolve complaints so that (i) a
17substitution can occur in the case of a conflict of interest or
18recusal, (ii) an individual with no prior involvement in the
19initial determination or finding may hear any appeal brought by
20a party, and (iii) the complaint resolution procedure proceeds
21in a timely manner.
22 (e) An individual resolving a complaint must use a
23preponderance of the evidence standard to determine if the
24alleged incident of student-perpetrated, gender-based violence
25occurred or if there is an allegation of a violation of this
26amendatory Act of the 101st General Assembly.

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1 (f) With complaints of alleged incidents of
2student-perpetrated, gender-based violence, the complainant
3and respondent shall (i) receive notice of the name of the
4individual with authority to make a finding or impose a
5sanction in the proceeding before the individual may initiate
6contact with either party and (ii) have the opportunity to
7request a substitution if the participation of an individual
8with authority to make a finding or impose a sanction poses a
9conflict of interest.
10 (g) With complaints of alleged incidents of
11student-perpetrated, gender-based violence, the complainant
12and the respondent may not directly cross-examine one another,
13but may, at the discretion and direction of the individual
14resolving the complaint, suggest questions to be posed by the
15individual resolving the complaint and respond to the other
16party.
17 (h) Each party may request and must be allowed to have a
18representative or an advisor of his or her choice accompany him
19or her to any meeting or proceeding related to the alleged
20incident of student-perpetrated, gender-based violence or
21violation of this amendatory Act of the 101st General Assembly
22if the involvement of the advisor does not result in undue
23delay of the meeting or proceeding. The advisor must comply
24with any rules of the school district's complaint resolution
25procedure regarding the advisor's role. If the advisor violates
26the rules or engages in behavior or advocacy that harasses,

10100SB0449ham002- 42 -LRB101 04210 AXK 61067 a
1abuses, or intimidates either party, a witness, or an
2individual resolving the complaint, that advisor may be
3prohibited from further participation in the meeting or
4proceeding.
5 (i) If the complaint resolution procedure involves a
6hearing and the complainant or the respondent is a student, he
7or she may not be compelled to testify in the presence of the
8other party. If a party invokes this right, the school district
9must provide a procedure by which each party may, at a minimum,
10hear the other party's testimony.
11 (j) The complainant, regardless of his or her level of
12involvement in the complaint resolution procedure, and the
13respondent must have the opportunity to provide or present
14evidence and witnesses on their behalf during the complaint
15resolution procedure.
16 (k) The complainant and the respondent are entitled to
17simultaneous, written notification of the results of the
18complaint resolution procedure, including information
19regarding appeal rights, within 7 days after a decision or
20sooner if required by State or federal law.
21 (l) The complainant and the respondent must, at a minimum,
22have the right to timely appeal the complaint resolution
23procedure's findings or imposed sanctions if a party alleges
24that (i) a procedural error occurred, (ii) new information
25exists that would substantially change the outcome of the
26finding, or (iii) the sanction is disproportionate to the

10100SB0449ham002- 43 -LRB101 04210 AXK 61067 a
1violation. An individual reviewing the findings or imposed
2sanctions may not have previously participated in the complaint
3resolution procedure and may not have a conflict of interest
4with either party. The complainant and the respondent must
5receive the appeal decision, in writing, within 7 days after
6the conclusion of the review of findings or sanctions or sooner
7if required by federal or State law.
8 (m) Each school district must have a procedure to determine
9interim protective measures and accommodations available
10pending the resolution of the complaint, including the
11implementation of court protective orders.
12 (105 ILCS 5/26A-30 new)
13 Sec. 26A-30. Confidentiality.
14 (a) Each school district must adopt and implement a policy
15and protocol to ensure that all information concerning a
16youth's status and related experiences as a parent, expectant
17parent, or victim of gender-based violence provided to or
18otherwise obtained by the school district or its employees or
19agents pursuant to this Code or otherwise, including a
20statement of the youth or any other documentation, record, or
21corroborating evidence or that the youth has requested or
22obtained assistance, accommodations, or services pursuant to
23this Code, shall be retained in the strictest confidence by the
24school district or its employees or agents and may not be
25disclosed to any other individual, including any other

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1employee, except to the extent that disclosure is (i) requested
2or consented to in writing by the youth or the youth's parent
3or guardian if it is safe to obtain written consent from the
4youth's parent or guardian or (ii) otherwise required by
5applicable federal or State law, including the Abused and
6Neglected Child Reporting Act and professional ethics policies
7that govern school personnel.
8 (b) Prior to disclosing information about a youth's status
9as a parent, expectant parent, or victim of gender-based
10violence, a school must notify the youth and discuss and
11address any safety concerns related to the disclosure,
12including instances where the youth indicates or the school or
13school district or its employees or agents are otherwise aware
14that the youth's health or safety may be at risk if his or her
15status is disclosed to the youth's parent or guardian, except
16as otherwise required by applicable federal or State law,
17including the Abused and Neglected Child Reporting act and
18professional ethics policies that govern the professional
19school personnel.
20 (c) No youth may be required to testify publicly concerning
21his or her status as a victim of gender-based violence,
22allegations of gender-based violence, his or her status as a
23parent or expectant parent, or the youth's efforts to enforce
24any of his or her rights under provisions in this Code relating
25to youth who are parents, expectant parents, or victims of
26gender-based violence.

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1 (d) In the case of gender-based violence, a school district
2may not contact the person named to be the perpetrator, the
3perpetrator's family, or any other person named by the youth or
4named by the youth's parent or guardian to be unsafe to contact
5to verify the violence. A school district may not contact the
6perpetrator, the perpetrator's family, or any other person
7named by the youth or the youth's parent or guardian to be
8unsafe for any other reason without written permission from the
9youth or his or her parent or guardian. Permission from the
10youth's parent or guardian may not be pursued if the youth
11alleges that his or her health or safety would be threatened if
12the school or school district contacts the youth's parent or
13guardian to obtain written permission.
14 (e) A school district must take all actions necessary to
15comply with this Section no later than January 1, 2021.
16 (105 ILCS 5/26A-35 new)
17 Sec. 26A-35. Gender-based violence and parenting resource
18personnel.
19 (a) Each school district shall designate or appoint at
20least one staff person at each school in the district who is
21employed at least part-time at the school and who is a school
22social worker, school psychologist, school counselor, school
23nurse, school teacher, or school administrator trained to
24address, in a culturally responsive, confidential, and
25sensitive manner, the needs of youth who are parents, expectant

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1parents, or victims of gender-based violence. The designated or
2appointed staff person must have all of the following duties:
3 (1) Communicate with and listen to youth who are
4 parents, expectant parents, or victims of gender-based
5 violence.
6 (2) Connect youth described in paragraph (1) to
7 appropriate, in-school services or other agencies,
8 programs, or services as needed.
9 (3) Coordinate and monitor the implementation of the
10 school's and school district's policies, procedures, and
11 protocols in cases involving student allegations of
12 gender-based violence.
13 (4) Coordinate and monitor the implementation of the
14 school's and school district's policies, procedures, and
15 protocols as set forth in provisions of this Code
16 concerning youth who are parents, expectant parents, or
17 victims of gender-based violence.
18 (5) Assist youth described in paragraph (1) in their
19 efforts to exercise and preserve their rights as set forth
20 in provisions of this Code concerning youth who are
21 parents, expectant parents, or victims of gender-based
22 violence.
23 (6) Assist in providing staff development to establish
24 a positive and sensitive learning environment for youth
25 described in paragraph (1).
26 (b) A member of staff who is designated or appointed under

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1subsection (a) must (i) be trained to understand, provide
2information and referrals, and address issues pertaining to
3youth who are parents, expectant parents, or victims of
4gender-based violence, including the theories and dynamics of
5domestic and sexual violence, the necessity for
6confidentiality and the law, policy, procedures, and protocols
7implementing confidentiality, and the notification to the
8youth's parent or guardian regarding the youth's status as a
9parent, expectant parent, or victim of gender-based violence or
10the enforcement of the youth's rights under this Code if the
11notice of the youth's status or the involvement of the youth's
12parent or guardian may put the health or safety of the youth at
13risk, including the rights of minors to consent to counseling
14services and psychotherapy under the Mental Health and
15Developmental Disabilities Code, or (ii) at a minimum, have
16participated in an in-service training program under
17subsection (d) of Section 10-22.39 that includes training on
18the rights of minors to consent to counseling services and
19psychotherapy under the Mental Health and Developmental
20Disabilities Code within 12 months prior to his or her
21designation or appointment.
22 (c) A school district must designate or appoint and train
23all gender-based violence and parenting resource personnel,
24and the personnel must assist in implementing the duties
25described in this Section no later than January 1, 2021, except
26in those school districts in which there exists a collective

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1bargaining agreement on the effective date of this amendatory
2Act of the 101st General Assembly and the implementation of
3this Section would be a violation of that collective bargaining
4agreement. If implementation of some activities required under
5this Section is prevented by an existing collective bargaining
6agreement, a school district must comply with this Section to
7the fullest extent allowed by the existing collective
8bargaining agreement no later than January 1, 2021. In those
9instances in which a collective bargaining agreement that
10either fully or partially prevents full implementation of this
11Section expires after January 1, 2021, a school district must
12designate or appoint and train all gender-based and parenting
13resource personnel, who shall implement the duties described in
14this Section no later than the effective date of the new
15collective bargaining agreement that immediately succeeds the
16collective bargaining agreement in effect at the time this
17Section becomes effective.
18 (105 ILCS 5/26A-40 new)
19 Sec. 26A-40. Accommodations, adjustments, and services.
20 (a) To facilitate the full participation of youth who are
21parents, expectant parents, or victims of gender-based
22violence, each school district must provide those youth with
23reasonable accommodations and adjustments in school policy and
24practice, in-school support services, access to non-school
25based support services, and the ability to make up work missed

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1on account of circumstances related to the youth's status as a
2parent, expectant parent, or victim of gender-based violence.
3Victims of gender-based violence must have access to those
4accommodations, adjustments, and services regardless of when
5or where the violence for which they are seeking
6accommodations, adjustments, or services occurred. All
7accommodations, adjustments, and services must be continued
8for as long as necessary to maintain the mental and physical
9well-being and safety of the youth.
10 (b) Reasonable accommodations and adjustments provided
11under subsection (a) shall include, but are not limited to, (i)
12the provision of sufficiently private settings to ensure
13confidentiality and time off from class for meetings with
14counselors or other service providers, (ii) assisting the youth
15in creating a student success plan, (iii) transfer of a victim
16of gender-based violence or the student perpetrator to a
17different classroom or school, (iv) change of seating
18assignment, (v) implementation of in-school, school grounds,
19and bus safety procedures, (vi) honoring court orders,
20including orders of protection and no-contact orders, and (vii)
21any other accommodation that may facilitate the full
22participation in the regular education program of youth who are
23parents, expectant parents, or victims of gender-based
24violence.
25 (c) If a youth who is a parent, expectant parent, or victim
26of gender-based violence is a student at risk of academic

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1failure or displays poor academic performance, the youth or the
2youth's parent or guardian may request that the school district
3provide the youth with or refer the youth to education and
4support services designed to assist the youth in meeting State
5learning standards. A school district may either provide
6education or support services directly or may collaborate with
7public or private State, local, or community-based
8organizations or agencies that provide these services. A school
9district must also assist those youth in accessing the support
10services of non-school based organizations and agencies where
11those youth typically receive services in the community.
12 (d) Any youth who is unable, because of circumstances
13related to the youth's status as a parent, expectant parent, or
14victim of gender-based violence, to participate in classes on a
15particular day or days or at a particular time of day must be
16excused from any examination or any study or work assignments
17on that particular day or days or at that particular time of
18day. It is the responsibility of the teachers and of the school
19administrative personnel and officials to make available to
20each youth who is unable to participate because of
21circumstances related to the youth's status as a parent,
22expectant parent, or victim of gender-based violence a
23meaningful opportunity to make up any examination, study, or
24work requirement that the youth has missed because of the
25inability to participate on any particular day or days or at
26any particular time of day. Costs assessed by a school district

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1on the youth for participation in those activities shall be
2considered savable fees for any youth whose parent or guardian
3is unable to afford them, consistent with the provisions of
4Section 10-20.13. Each school district must adopt written
5policies and procedures for waiver of those fees in accordance
6with rules adopted by the State Board of Education.
7 (e) When a school or school district employee or agent
8becomes aware of or suspects a youth's status as a parent,
9expectant parent, or victim of gender-based violence, it is the
10responsibility of the employee or agent of the school or school
11district to inform the youth of the available services and
12accommodations at the school and in the community that may
13assist the youth in maintaining the youth's full educational
14participation and the youth's successful performance. The
15school or school district employee or agent must also refer the
16youth to the school district's gender-based violence and
17parenting personnel set forth in Section 26A-35. A school
18district must make respecting a youth's privacy,
19confidentiality, mental and physical health, and safety a
20paramount concern.
21 (f) Each school must honor a youth's decision to obtain
22education and support services, accommodations, and non-school
23based support services, to terminate the receipt of those
24education and support services, accommodations, or non-school
25based support services, or to decline participation in those
26education and support services, accommodations, and non-school

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1based support services. No youth is obligated to use education
2and support services, accommodations, or non-school based
3support services. In developing accommodations, adjustments,
4or educational support services, the privacy, mental and
5physical health, and safety of the youth shall be the paramount
6concern. No adverse or prejudicial effects may result to any
7youth because of the youth's availing of or declining the
8provisions of this Section.
9 (g) Any support services to youth receiving education and
10support services must be available in any school or by home or
11hospital instruction.
12 (h) Individual, peer, group, and family counseling
13services or psychotherapy must be made available to youth who
14are parents, expectant parents, or victims of gender-based
15violence consistent with the provisions of the Mental Health
16and Developmental Disabilities Code. At least once every school
17year, each school district must inform in writing all school
18personnel and all students 12 years of age or older of the
19availability of counseling without parental or guardian
20consent under Section 3-5A-105 of the Mental Health and
21Developmental Disabilities Code. This information must also be
22provided to students immediately after any school personnel
23becomes aware that a student is a parent, expectant parent, or
24victim of gender-based violence.
25 (i) All domestic or sexual violence organizations and its
26staff and any other non-school organization and its staff shall

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1maintain confidentiality pursuant to federal and State laws and
2their professional ethics policies regardless of when or where
3information, advice, counseling, or any other interaction with
4students takes place. A school or school district may not
5request or require those organizations or individuals to breach
6confidentiality.
7 (105 ILCS 5/26A-45 new)
8 Sec. 26A-45. Assertion of rights; verification.
9 (a) For purposes of youth asserting their rights under
10provisions relating to gender-based violence in Sections
1110-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
12school district may require verification of the claim.
13Verification may not be required for a youth to be referred to
14or to receive in-school or out-of-school services. Any one of
15the following shall be acceptable as a form of verification of
16a youth's claim of gender-based violence, only one of which may
17be required by a school district, and the youth or the youth's
18parent or guardian shall choose which form of documentation to
19submit to the school district:
20 (1) A written statement from the youth or anyone who
21 has knowledge of the circumstances that support the youth's
22 claim. This may be in the form of a complaint.
23 (2) A police report, government agency record, or court
24 record.
25 (3) A statement or other documentation from a domestic

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1 or sexual violence organization or any other organization
2 from which the youth sought services or advice.
3 (4) Documentation from a lawyer, clergy person,
4 medical professional, or other professional from whom the
5 youth sought gender-based violence services or advice.
6 (5) Any other evidence, such as physical evidence of
7 violence, that supports the claim.
8 All forms of verification received by a school district
9under this subsection must be kept in a temporary file.
10 (b) A youth or a youth's parent or guardian who has
11provided acceptable verification that the youth is or has been
12a victim of gender-based violence may not be required to
13provide any additional verification if the youth's efforts to
14assert rights under this Code stem from a claim involving the
15same perpetrator or the same incident of violence. No school or
16school district shall request or require additional
17documentation.
18 (c) The person named to be the perpetrator, the
19perpetrator's family, or any other person named by the youth or
20named by the youth's parent or guardian to be unsafe to contact
21may not be contacted to verify the violence. The perpetrator,
22the perpetrator's family, or any other person named by the
23youth or the youth's parent or guardian to be unsafe may not be
24contacted for any other reason without written permission of
25the youth or written permission of the youth's parent or
26guardian. Permission of the youth's parent or guardian may not

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1be pursued when the youth alleges that his or her health or
2safety would be threatened if the school or school district
3contacts the youth's parent or guardian to obtain written
4permission.
5 (105 ILCS 5/26A-50 new)
6 Sec. 26A-50. Enforcement of provisions.
7 (a) Violations of this amendatory Act of the 101st General
8Assembly are actionable in civil court. A student who is a
9parent, expectant parent, or victim of gender-based violence
10has a cause of action against any school or school district
11that fails to exercise due diligence in responding to the
12student who is a parent, expectant parent, or victim of
13gender-based violence whose status it knew or should have known
14about. A student is not required to resolve a complaint using
15the school district's complaint resolution procedure developed
16under Section 26A-25 before filing an action in civil court.
17 (b) No less than 15 business days before filing an action
18in civil court, a student or his or her representative must
19send written notice of the violation of this amendatory Act of
20the 101st General Assembly to the district superintendent of
21the school district in which the student is enrolled.
22 (c) A prevailing student shall be entitled to all relief
23that would make him or her whole. This relief may include, but
24is not limited to, all of the following:
25 (1) Declaratory relief.

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1 (2) Injunctive relief.
2 (3) Recovery of costs and attorney's fees, including,
3 but not limited to, costs for expert testimony and witness
4 fees.
5 (4) Compensatory damages, including, but not limited
6 to:
7 (A) economic loss, including damage, destruction
8 or loss of use of personal property, and loss of past
9 or future earning capacity; and
10 (B) damages for personal injury, disease, or
11 mental and emotional harm, including medical,
12 rehabilitation, pain and suffering, and physical
13 impairment.
14 (5) Punitive damages.
15 (105 ILCS 5/26A-55 new)
16 Sec. 26A-55. Prohibited practices. No school or school
17district may take any adverse action against a student who is a
18parent, expectant parent, or victim of gender-based violence
19because the student or his or her parent or guardian (i)
20exercises or attempts to exercise his or her rights under this
21amendatory Act of the 101st General Assembly, (ii) opposes
22practices that the student or his or her parent or guardian
23believes to be in violation of this amendatory Act of the 101st
24General Assembly, or (iii) supports the exercise of the rights
25of another under this amendatory Act of the 101st General

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1Assembly. Exercising rights under this amendatory Act of the
2101st General Assembly includes, but is not limited to, filing
3an action, instituting or causing to be instituted any
4proceeding under or related to this amendatory Act of the 101st
5General Assembly, or in any manner requesting, availing himself
6or herself of, or declining any of the provisions of this
7amendatory Act of the 101st General Assembly, including, but
8not limited to, accommodations or services.
9 (105 ILCS 5/27A-5)
10 Sec. 27A-5. Charter school; legal entity; requirements.
11 (a) A charter school shall be a public, nonsectarian,
12nonreligious, non-home based, and non-profit school. A charter
13school shall be organized and operated as a nonprofit
14corporation or other discrete, legal, nonprofit entity
15authorized under the laws of the State of Illinois.
16 (b) A charter school may be established under this Article
17by creating a new school or by converting an existing public
18school or attendance center to charter school status. Beginning
19on April 16, 2003 (the effective date of Public Act 93-3), in
20all new applications to establish a charter school in a city
21having a population exceeding 500,000, operation of the charter
22school shall be limited to one campus. The changes made to this
23Section by Public Act 93-3 do not apply to charter schools
24existing or approved on or before April 16, 2003 (the effective
25date of Public Act 93-3).

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1 (b-5) In this subsection (b-5), "virtual-schooling" means
2a cyber school where students engage in online curriculum and
3instruction via the Internet and electronic communication with
4their teachers at remote locations and with students
5participating at different times.
6 From April 1, 2013 through December 31, 2016, there is a
7moratorium on the establishment of charter schools with
8virtual-schooling components in school districts other than a
9school district organized under Article 34 of this Code. This
10moratorium does not apply to a charter school with
11virtual-schooling components existing or approved prior to
12April 1, 2013 or to the renewal of the charter of a charter
13school with virtual-schooling components already approved
14prior to April 1, 2013.
15 On or before March 1, 2014, the Commission shall submit to
16the General Assembly a report on the effect of
17virtual-schooling, including without limitation the effect on
18student performance, the costs associated with
19virtual-schooling, and issues with oversight. The report shall
20include policy recommendations for virtual-schooling.
21 (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter school
24shall be subject to the Freedom of Information Act and the Open
25Meetings Act.
26 (d) For purposes of this subsection (d), "non-curricular

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1health and safety requirement" means any health and safety
2requirement created by statute or rule to provide, maintain,
3preserve, or safeguard safe or healthful conditions for
4students and school personnel or to eliminate, reduce, or
5prevent threats to the health and safety of students and school
6personnel. "Non-curricular health and safety requirement" does
7not include any course of study or specialized instructional
8requirement for which the State Board has established goals and
9learning standards or which is designed primarily to impart
10knowledge and skills for students to master and apply as an
11outcome of their education.
12 A charter school shall comply with all non-curricular
13health and safety requirements applicable to public schools
14under the laws of the State of Illinois. On or before September
151, 2015, the State Board shall promulgate and post on its
16Internet website a list of non-curricular health and safety
17requirements that a charter school must meet. The list shall be
18updated annually no later than September 1. Any charter
19contract between a charter school and its authorizer must
20contain a provision that requires the charter school to follow
21the list of all non-curricular health and safety requirements
22promulgated by the State Board and any non-curricular health
23and safety requirements added by the State Board to such list
24during the term of the charter. Nothing in this subsection (d)
25precludes an authorizer from including non-curricular health
26and safety requirements in a charter school contract that are

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1not contained in the list promulgated by the State Board,
2including non-curricular health and safety requirements of the
3authorizing local school board.
4 (e) Except as otherwise provided in the School Code, a
5charter school shall not charge tuition; provided that a
6charter school may charge reasonable fees for textbooks,
7instructional materials, and student activities.
8 (f) A charter school shall be responsible for the
9management and operation of its fiscal affairs including, but
10not limited to, the preparation of its budget. An audit of each
11charter school's finances shall be conducted annually by an
12outside, independent contractor retained by the charter
13school. To ensure financial accountability for the use of
14public funds, on or before December 1 of every year of
15operation, each charter school shall submit to its authorizer
16and the State Board a copy of its audit and a copy of the Form
17990 the charter school filed that year with the federal
18Internal Revenue Service. In addition, if deemed necessary for
19proper financial oversight of the charter school, an authorizer
20may require quarterly financial statements from each charter
21school.
22 (g) A charter school shall comply with all provisions of
23this Article, the Illinois Educational Labor Relations Act, all
24federal and State laws and rules applicable to public schools
25that pertain to special education and the instruction of
26English learners, and its charter. A charter school is exempt

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1from all other State laws and regulations in this Code
2governing public schools and local school board policies;
3however, a charter school is not exempt from the following:
4 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
5 criminal history records checks and checks of the Statewide
6 Sex Offender Database and Statewide Murderer and Violent
7 Offender Against Youth Database of applicants for
8 employment;
9 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
10 34-84a of this Code regarding discipline of students;
11 (3) the Local Governmental and Governmental Employees
12 Tort Immunity Act;
13 (4) Section 108.75 of the General Not For Profit
14 Corporation Act of 1986 regarding indemnification of
15 officers, directors, employees, and agents;
16 (5) the Abused and Neglected Child Reporting Act;
17 (5.5) subsection (b) of Section 10-23.12 and
18 subsection (b) of Section 34-18.6 of this Code;
19 (6) the Illinois School Student Records Act;
20 (7) Section 10-17a of this Code regarding school report
21 cards;
22 (8) the P-20 Longitudinal Education Data System Act;
23 (9) Section 27-23.7 of this Code regarding bullying
24 prevention;
25 (10) Section 2-3.162 of this Code regarding student
26 discipline reporting;

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1 (11) Sections 22-80 and 27-8.1 of this Code;
2 (12) Sections 10-20.60 and 34-18.53 of this Code;
3 (13) Sections 10-20.63 and 34-18.56 of this Code; and
4 (14) Section 26-18 of this Code; and
5 (15) Section 22-30 of this Code; and .
6 (16) Article 26A.
7 The change made by Public Act 96-104 to this subsection (g)
8is declaratory of existing law.
9 (h) A charter school may negotiate and contract with a
10school district, the governing body of a State college or
11university or public community college, or any other public or
12for-profit or nonprofit private entity for: (i) the use of a
13school building and grounds or any other real property or
14facilities that the charter school desires to use or convert
15for use as a charter school site, (ii) the operation and
16maintenance thereof, and (iii) the provision of any service,
17activity, or undertaking that the charter school is required to
18perform in order to carry out the terms of its charter.
19However, a charter school that is established on or after April
2016, 2003 (the effective date of Public Act 93-3) and that
21operates in a city having a population exceeding 500,000 may
22not contract with a for-profit entity to manage or operate the
23school during the period that commences on April 16, 2003 (the
24effective date of Public Act 93-3) and concludes at the end of
25the 2004-2005 school year. Except as provided in subsection (i)
26of this Section, a school district may charge a charter school

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1reasonable rent for the use of the district's buildings,
2grounds, and facilities. Any services for which a charter
3school contracts with a school district shall be provided by
4the district at cost. Any services for which a charter school
5contracts with a local school board or with the governing body
6of a State college or university or public community college
7shall be provided by the public entity at cost.
8 (i) In no event shall a charter school that is established
9by converting an existing school or attendance center to
10charter school status be required to pay rent for space that is
11deemed available, as negotiated and provided in the charter
12agreement, in school district facilities. However, all other
13costs for the operation and maintenance of school district
14facilities that are used by the charter school shall be subject
15to negotiation between the charter school and the local school
16board and shall be set forth in the charter.
17 (j) A charter school may limit student enrollment by age or
18grade level.
19 (k) If the charter school is approved by the Commission,
20then the Commission charter school is its own local education
21agency.
22(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
23eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
2499-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
25100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
261-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,

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

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

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1must be considered before a transfer into a different school
2district. The school district the student transfers to must be
3an adjoining school district, unless there is no attendance
4center, school facility, or school location in that district in
5which the student's attendance poses no risk to the student's
6mental or physical well-being or safety. The school district
7the student seeks to transfer to may deny a transfer to a
8particular attendance center if (i) the attendance center
9exceeds or, as a result of the transfer, would exceed its
10attendance capacity, (ii) the student does not meet the
11attendance center's academic criteria for enrollment, or (iii)
12the transfer would prevent the school district from meeting
13obligations under State or federal law, a court order, or a
14consent decree. If no adjoining school district is available
15for transfer, the student may transfer to another school
16district, unless there is no attendance center, school
17facility, or school location in that district in which the
18student's attendance poses no risk to the student's mental or
19physical well-being or safety. The school district the student
20seeks to transfer to may deny a transfer to a particular
21attendance center if any of the situations described in items
22(i) through (iii) of this subsection apply. A school district
23must waive tuition for a student who transfers under this
24subsection to the school district and is a nonresident. A
25student who transfers to another school under this subsection
26due to gender-based violence must have full and immediate

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1access to extracurricular activities and any programs or
2activities offered by or under the auspices of the school to
3which the student has transferred. The school district may not
4require a student who is a victim of gender-based violence to
5transfer to another school or school district. No adverse or
6prejudicial effects may result to any student who is a victim
7of gender-based violence because of the student availing
8himself or herself of or declining the provisions of this
9subsection. The school district may require a student to verify
10his or her claim of gender-based violence under Section 26A-45
11before approving a transfer to another school under this
12subsection.
13(Source: P.A. 100-1046, eff. 8-23-18.)
14 Section 10. The Illinois School Student Records Act is
15amended by changing Section 5 as follows:
16 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
17 Sec. 5. (a) A parent or any person specifically designated
18as a representative by a parent shall have the right to inspect
19and copy all school student permanent and temporary records of
20that parent's child, except if the child is a parent, expectant
21parent, or victim of gender-based violence, as defined in
22Article 26A. All information concerning a student's status and
23related experiences as a parent, expectant parent, or victim of
24gender-based violence, including a statement of the student or

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1any other documentation, record, or corroborating evidence and
2the fact that the student has requested or obtained assistance,
3accommodations, or services related to that status, must be
4retained by the school in the strictest confidence. The
5information contained in the student's permanent or temporary
6record may be disclosed if, prior to disclosing the information
7about a student's status as a parent, expectant parent, or
8victim of gender-based violence, the school notifies the
9student and discusses and addresses any health or safety
10concerns related to that disclosure. If the student's health or
11safety concerns are incapable of being satisfied to the
12student's satisfaction, the information concerning the
13student's status and related experiences as a parent, expectant
14parent, or victim of gender-based violence may not be disclosed
15as part of the student's permanent or temporary record.
16Enforcement of this exception is as provided in Section 26A-40.
17A student shall have the right to inspect and copy his or her
18school student permanent record. No person who is prohibited by
19an order of protection from inspecting or obtaining school
20records of a student pursuant to the Illinois Domestic Violence
21Act of 1986, as now or hereafter amended, shall have any right
22of access to, or inspection of, the school records of that
23student. If a school's principal or person with like
24responsibilities or his designee has knowledge of such order of
25protection, the school shall prohibit access or inspection of
26the student's school records by such person.

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1 (b) Whenever access to any person is granted pursuant to
2paragraph (a) of this Section, at the option of either the
3parent or the school a qualified professional, who may be a
4psychologist, counsellor or other advisor, and who may be an
5employee of the school or employed by the parent, may be
6present to interpret the information contained in the student
7temporary record. If the school requires that a professional be
8present, the school shall secure and bear any cost of the
9presence of the professional. If the parent so requests, the
10school shall secure and bear any cost of the presence of a
11professional employed by the school.
12 (c) A parent's or student's request to inspect and copy
13records, or to allow a specifically designated representative
14to inspect and copy records, must be granted within a
15reasonable time, and in no case later than 10 business days
16after the date of receipt of such request by the official
17records custodian.
18 (c-5) The time for response under this Section may be
19extended by the school district by not more than 5 business
20days from the original due date for any of the following
21reasons:
22 (1) the requested records are stored in whole or in
23 part at other locations than the office having charge of
24 the requested records;
25 (2) the request requires the collection of a
26 substantial number of specified records;

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1 (3) the request is couched in categorical terms and
2 requires an extensive search for the records responsive to
3 it;
4 (4) the requested records have not been located in the
5 course of routine search and additional efforts are being
6 made to locate them;
7 (5) the request for records cannot be complied with by
8 the school district within the time limits prescribed by
9 subsection (c) of this Section without unduly burdening or
10 interfering with the operations of the school district; or
11 (6) there is a need for consultation, which shall be
12 conducted with all practicable speed, with another public
13 body or school district or among 2 or more components of a
14 public body or school district having a substantial
15 interest in the determination or in the subject matter of
16 the request.
17 The person making a request and the school district may
18agree in writing to extend the time for compliance for a period
19to be determined by the parties. If the requester and the
20school district agree to extend the period for compliance, a
21failure by the school district to comply with any previous
22deadlines shall not be treated as a denial of the request for
23the records.
24 (d) The school may charge its reasonable costs for the
25copying of school student records, not to exceed the amounts
26fixed in schedules adopted by the State Board, to any person

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1permitted to copy such records, except that no parent or
2student shall be denied a copy of school student records as
3permitted under this Section 5 for inability to bear the cost
4of such copying.
5 (e) Nothing contained in this Section 5 shall make
6available to a parent or student confidential letters and
7statements of recommendation furnished in connection with
8applications for employment to a post-secondary educational
9institution or the receipt of an honor or honorary recognition,
10provided such letters and statements are not used for purposes
11other than those for which they were specifically intended, and
12 (1) were placed in a school student record prior to
13 January 1, 1975; or
14 (2) the student has waived access thereto after being
15 advised of his right to obtain upon request the names of
16 all such persons making such confidential recommendations.
17 (f) Nothing contained in this Act shall be construed to
18impair or limit the confidentiality of:
19 (1) Communications otherwise protected by law as
20 privileged or confidential, including but not limited to,
21 information communicated in confidence to a physician,
22 psychologist or other psychotherapist, school social
23 worker, school counselor, school psychologist, or school
24 social worker, school counselor, or school psychologist
25 intern who works under the direct supervision of a school
26 social worker, school counselor, or school psychologist;

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1 or
2 (2) Information which is communicated by a student or
3 parent in confidence to school personnel; or
4 (3) Information which is communicated by a student,
5 parent, or guardian to a law enforcement professional
6 working in the school, except as provided by court order.
7 (g) No school employee shall be subjected to adverse
8employment action, the threat of adverse employment action, or
9any manner of discrimination because the employee is acting or
10has acted to protect communications as privileged or
11confidential pursuant to applicable provisions of State or
12federal law or rule or regulation.
13(Source: P.A. 100-532, eff. 9-22-17.)
14 Section 990. The State Mandates Act is amended by adding
15Section 8.43 as follows:
16 (30 ILCS 805/8.43 new)
17 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by this amendatory Act of
20the 101st General Assembly.
21 Section 999. Effective date. This Act takes effect July 1,
222020.".
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