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
Bill Title: SCH CD-PARENT-VICTIM-SERVICES
Status: 2021-01-13 - Session Sine Die [SB0449 Detail]
Download: Illinois-2019-SB0449-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 449
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2 | AMENDMENT NO. ______. Amend Senate Bill 449, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Sections | ||||||
6 | 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and | ||||||
7 | 34-18.24 and by adding Article 26A as follows:
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8 | (105 ILCS 5/10-21.3a)
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9 | Sec. 10-21.3a. Transfer of students.
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10 | (a) Each school board shall establish and
implement a
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11 | policy governing the transfer of a student from one attendance | ||||||
12 | center to
another within the
school district upon the request | ||||||
13 | of the student's parent or guardian.
A
student may not transfer | ||||||
14 | to any of the following attendance centers, except by
change in
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15 | residence if the policy authorizes enrollment based on | ||||||
16 | residence in an
attendance area
or unless approved by the board |
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1 | on an individual basis:
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2 | (1) An attendance center that exceeds or as a result of | ||||||
3 | the
transfer would
exceed its attendance capacity.
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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.
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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
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10 | applicable to the school district.
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11 | (b) Each school board shall establish and implement a | ||||||
12 | policy governing the
transfer of students within a school | ||||||
13 | district from a persistently dangerous
school to another public | ||||||
14 | school in that district that is not deemed to be
persistently | ||||||
15 | dangerous.
In order to be considered a persistently dangerous | ||||||
16 | school, the
school must meet all of the following criteria for | ||||||
17 | 2 consecutive years:
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18 | (1) Have greater than 3% of the students enrolled in | ||||||
19 | the school expelled
for violence-related conduct.
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20 | (2) Have one or more students expelled for bringing a | ||||||
21 | firearm to school as
defined in 18 U.S.C. 921.
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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.
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25 | (c) A student may transfer from one public school to
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26 | another public school in that district if the student is a |
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1 | victim of a violent
crime as defined in Section 3 of the Rights | ||||||
2 | of Crime Victims and Witnesses Act.
The violent crime must have | ||||||
3 | occurred on school grounds during regular school
hours or | ||||||
4 | during a school-sponsored event.
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5 | (d) (Blank).
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6 | (e) Notwithstanding any other provision of this Code, a | ||||||
7 | student who is a victim of gender-based violence, as defined in | ||||||
8 | Article 26A, must be permitted to transfer schools immediately | ||||||
9 | and as needed, including to a school in another school | ||||||
10 | district, if the student's continued attendance at a particular | ||||||
11 | attendance center, school facility, or school location poses a | ||||||
12 | risk to the student's mental or physical well-being or safety. | ||||||
13 | A transfer under this subsection within the student's current | ||||||
14 | school district must be considered before a transfer into a | ||||||
15 | different school district. The school district the student | ||||||
16 | transfers to must be an adjoining school district, unless there | ||||||
17 | is no attendance center, school facility, or school location in | ||||||
18 | that district in which the student's attendance poses no risk | ||||||
19 | to the student's mental or physical well-being or safety. The | ||||||
20 | school district the student seeks to transfer to may deny a | ||||||
21 | transfer to a particular attendance center if (i) the | ||||||
22 | attendance center exceeds or, as a result of the transfer, | ||||||
23 | would exceed its attendance capacity, (ii) the student does not | ||||||
24 | meet the attendance center's academic criteria for enrollment, | ||||||
25 | or (iii) the transfer would prevent the school district from | ||||||
26 | meeting obligations under State or federal law, a court order, |
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1 | or a consent decree. If no adjoining school district is | ||||||
2 | available for transfer, the student may transfer to another | ||||||
3 | school district, unless there is no attendance center, school | ||||||
4 | facility, or school location in that district in which the | ||||||
5 | student's attendance poses no risk to the student's mental or | ||||||
6 | physical well-being or safety. The school district the student | ||||||
7 | seeks to transfer to may deny a transfer to a particular | ||||||
8 | attendance center if any of the situations described in items | ||||||
9 | (i) through (iii) of this subsection apply. A school district | ||||||
10 | must waive tuition for a student who transfers under this | ||||||
11 | subsection to the school district and is a nonresident. A | ||||||
12 | student who transfers to another school under this subsection | ||||||
13 | due to gender-based violence must have full and immediate | ||||||
14 | access to extracurricular activities and any programs or | ||||||
15 | activities offered by or under the auspices of the school to | ||||||
16 | which the student has transferred. A school district may not | ||||||
17 | require a student who is a victim of gender-based violence to | ||||||
18 | transfer to another school or school district. No adverse or | ||||||
19 | prejudicial effects may result to any student who is a victim | ||||||
20 | of gender-based violence because of the student availing | ||||||
21 | himself or herself of or declining the provisions of this | ||||||
22 | subsection. A school district may require a student to verify | ||||||
23 | his or her claim of gender-based violence under Section 26A-45 | ||||||
24 | before approving the student's transfer to another school under | ||||||
25 | this 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)
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2 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
3 | searches.
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4 | (a) To expel pupils guilty of gross disobedience or | ||||||
5 | misconduct, including gross disobedience or misconduct | ||||||
6 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
7 | of this Section, and
no action shall lie against them for such | ||||||
8 | expulsion. Expulsion shall
take place only after the parents | ||||||
9 | have been requested to appear at a
meeting of the board, or | ||||||
10 | with a hearing officer appointed by it, to
discuss their | ||||||
11 | child's behavior. Such request shall be made by registered
or | ||||||
12 | certified mail and shall state the time, place and purpose of | ||||||
13 | the
meeting. The board, or a hearing officer appointed by it, | ||||||
14 | at such
meeting shall state the reasons for dismissal and the | ||||||
15 | date on which the
expulsion is to become effective. If a | ||||||
16 | hearing officer is appointed by
the board, he shall report to | ||||||
17 | the board a written summary of the evidence
heard at the | ||||||
18 | meeting and the board may take such action thereon as it
finds | ||||||
19 | appropriate. If the board acts to expel a pupil, the written | ||||||
20 | expulsion decision shall detail the specific reasons why | ||||||
21 | removing the pupil from the learning environment is in the best | ||||||
22 | interest of the school. The expulsion decision shall also | ||||||
23 | include a rationale as to the specific duration of the | ||||||
24 | expulsion. An expelled pupil may be immediately transferred to | ||||||
25 | an alternative program in the manner provided in Article 13A or |
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1 | 13B of this Code. A pupil must not be denied transfer because | ||||||
2 | of the expulsion, except in cases in which such transfer is | ||||||
3 | deemed to cause a threat to the safety of students or staff in | ||||||
4 | the alternative program.
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5 | (b) To suspend or by policy to authorize the superintendent | ||||||
6 | of
the district or the principal, assistant principal, or dean | ||||||
7 | of students
of any school to suspend pupils guilty of gross | ||||||
8 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
9 | gross disobedience or misconduct on the school bus
from riding | ||||||
10 | the school bus, pursuant to subsections (b-15) and (b-20) of | ||||||
11 | this Section, and no action
shall lie against them for such | ||||||
12 | suspension. The board may by policy
authorize the | ||||||
13 | superintendent of the district or the principal, assistant
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14 | principal, or dean of students of any
school to suspend pupils | ||||||
15 | guilty of such acts for a period not to exceed
10 school days. | ||||||
16 | If a pupil is suspended due to gross disobedience or misconduct
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17 | on a school bus, the board may suspend the pupil in excess of | ||||||
18 | 10
school
days for safety reasons. | ||||||
19 | Any suspension shall be reported immediately to the
parents | ||||||
20 | or guardian of a pupil along with a full statement of the
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21 | reasons for such suspension and a notice of their right to a | ||||||
22 | review. The school board must be given a summary of the notice, | ||||||
23 | including the reason for the suspension and the suspension | ||||||
24 | length. Upon request of the
parents or guardian, the school | ||||||
25 | board or a hearing officer appointed by
it shall review such | ||||||
26 | action of the superintendent or principal, assistant
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1 | principal, or dean of students. At such
review, the parents or | ||||||
2 | guardian of the pupil may appear and discuss the
suspension | ||||||
3 | with the board or its hearing officer. If a hearing officer
is | ||||||
4 | appointed by the board, he shall report to the board a written | ||||||
5 | summary
of the evidence heard at the meeting. After its hearing | ||||||
6 | or upon receipt
of the written report of its hearing officer, | ||||||
7 | the board may take such
action as it finds appropriate. If a | ||||||
8 | student is suspended pursuant to this subsection (b), the board | ||||||
9 | shall, in the written suspension decision, detail the specific | ||||||
10 | act of gross disobedience or misconduct resulting in the | ||||||
11 | decision to suspend. The suspension decision shall also include | ||||||
12 | a rationale as to the specific duration of the suspension. A | ||||||
13 | pupil who is suspended in excess of 20 school days may be | ||||||
14 | immediately transferred to an alternative program in the manner | ||||||
15 | provided in Article 13A or 13B of this Code. A pupil must not | ||||||
16 | be denied transfer because of the suspension, except in cases | ||||||
17 | in which such transfer is deemed to cause a threat to the | ||||||
18 | safety of students or staff in the alternative program.
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19 | (b-5) Among the many possible disciplinary interventions | ||||||
20 | and consequences available to school officials, school | ||||||
21 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
22 | are the most serious. School officials shall limit the number | ||||||
23 | and duration of expulsions and suspensions to the greatest | ||||||
24 | extent practicable, and it is recommended that they use them | ||||||
25 | only for legitimate educational purposes. To ensure that | ||||||
26 | students are not excluded from school unnecessarily, it is |
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1 | recommended that school officials consider forms of | ||||||
2 | non-exclusionary discipline prior to using out-of-school | ||||||
3 | suspensions or expulsions. | ||||||
4 | (b-10) Unless otherwise required by federal law or this | ||||||
5 | Code, school boards may not institute zero-tolerance policies | ||||||
6 | by which school administrators are required to suspend or expel | ||||||
7 | students for particular behaviors. | ||||||
8 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
9 | used only if the student's continuing presence in school would | ||||||
10 | pose a threat to school safety or a disruption to other | ||||||
11 | students' learning opportunities. For purposes of this | ||||||
12 | subsection (b-15), "threat to school safety or a disruption to | ||||||
13 | other students' learning opportunities" shall be determined on | ||||||
14 | a case-by-case basis by the school board or its designee. | ||||||
15 | School officials shall make all reasonable efforts to resolve | ||||||
16 | such threats, address such disruptions, and minimize the length | ||||||
17 | of suspensions to the greatest extent practicable. | ||||||
18 | (b-20) Unless otherwise required by this Code, | ||||||
19 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
20 | and disciplinary removals to alternative schools may be used | ||||||
21 | only if other appropriate and available behavioral and | ||||||
22 | disciplinary interventions have been exhausted and the | ||||||
23 | student's continuing presence in school would either (i) pose a
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24 | threat to the safety of other students, staff, or members of
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25 | the school community or (ii) substantially disrupt, impede, or
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26 | interfere with the operation of the school. For purposes of |
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1 | this subsection (b-20), "threat to the safety of other | ||||||
2 | students, staff, or members of the school community" and | ||||||
3 | "substantially disrupt, impede, or interfere with the | ||||||
4 | operation of the school" shall be determined on a case-by-case | ||||||
5 | basis by school officials. For purposes of this subsection | ||||||
6 | (b-20), the determination of whether "appropriate and | ||||||
7 | available behavioral and disciplinary interventions have been | ||||||
8 | exhausted" shall be made by school officials. School officials | ||||||
9 | shall make all reasonable efforts to resolve such threats, | ||||||
10 | address such disruptions, and minimize the length of student | ||||||
11 | exclusions to the greatest extent practicable. Within the | ||||||
12 | suspension decision described in subsection (b) of this Section | ||||||
13 | or the expulsion decision described in subsection (a) of this | ||||||
14 | Section, it shall be documented whether other interventions | ||||||
15 | were attempted or whether it was determined that there were no | ||||||
16 | other appropriate and available interventions. | ||||||
17 | (b-25) Students who are suspended out-of-school for longer | ||||||
18 | than 4 school days shall be provided appropriate and available | ||||||
19 | support services during the period of their suspension. For | ||||||
20 | purposes of this subsection (b-25), "appropriate and available | ||||||
21 | support services" shall be determined by school authorities. | ||||||
22 | Within the suspension decision described in subsection (b) of | ||||||
23 | this Section, it shall be documented whether such services are | ||||||
24 | to be provided or whether it was determined that there are no | ||||||
25 | such appropriate and available services. | ||||||
26 | A school district may refer students who are expelled to |
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1 | appropriate and available support services. | ||||||
2 | A school district shall create a policy to facilitate the | ||||||
3 | re-engagement of students who are suspended out-of-school, | ||||||
4 | expelled, or returning from an alternative school setting. | ||||||
5 | (b-30) A school district shall create a policy by which | ||||||
6 | suspended pupils, including those pupils suspended from the | ||||||
7 | school bus who do not have alternate transportation to school, | ||||||
8 | shall have the opportunity to make up work for equivalent | ||||||
9 | academic credit. It shall be the responsibility of a pupil's | ||||||
10 | parent or guardian to notify school officials that a pupil | ||||||
11 | suspended from the school bus does not have alternate | ||||||
12 | transportation to school. | ||||||
13 | (b-35) In all suspension or expulsion proceedings, | ||||||
14 | including, but not limited to, suspension or expulsion from | ||||||
15 | school, riding a school bus, or participating in any school | ||||||
16 | activity or program, a student may disclose his or her status | ||||||
17 | as a parent, expectant parent, or victim of gender-based | ||||||
18 | violence, as defined in Article 26A, and, if the student | ||||||
19 | alleges that this status is a factor in the behavior that gave | ||||||
20 | rise to the suspension or expulsion proceeding, the status must | ||||||
21 | be considered as a mitigating factor in determining whether to | ||||||
22 | suspend or expel the student or in deciding the nature or | ||||||
23 | severity of the disciplinary action taken against the student | ||||||
24 | at any time throughout the proceedings or during the | ||||||
25 | disciplinary period. An advocate or representative of the | ||||||
26 | student's choice must be permitted to represent the student |
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1 | throughout the proceedings and to consult with the school board | ||||||
2 | if there is evidence that the student's status as a parent, | ||||||
3 | expectant parent, or victim of gender-based violence may be a | ||||||
4 | factor in the cause for expulsion or suspension. A student who | ||||||
5 | discloses his or her status as a victim of gender-based | ||||||
6 | violence may not be required to work out the problem directly | ||||||
7 | with the perpetrator or the perpetrator's advocate or | ||||||
8 | representative, be personally questioned or cross-examined by | ||||||
9 | the perpetrator or the perpetrator's advocate or | ||||||
10 | representative, have any direct contact with the perpetrator or | ||||||
11 | the perpetrator's advocate or representative, or be in the same | ||||||
12 | room as the perpetrator or the perpetrator's advocate or | ||||||
13 | representative during the proceedings. A suspension or | ||||||
14 | expulsion proceeding under this subsection must be conducted | ||||||
15 | independently from any ongoing criminal investigation or | ||||||
16 | proceeding, and a lack of pursuit of criminal investigations or | ||||||
17 | proceedings may not be a factor in school disciplinary | ||||||
18 | decisions. | ||||||
19 | (c) The Department of Human Services
shall be invited to | ||||||
20 | send a representative to consult with the board at
such meeting | ||||||
21 | whenever there is evidence that mental illness may be the
cause | ||||||
22 | for expulsion or suspension.
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23 | (c-5) School districts shall make reasonable efforts to | ||||||
24 | provide ongoing professional development to teachers, | ||||||
25 | administrators, school board members, school resource | ||||||
26 | officers, and staff on the adverse consequences of school |
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1 | exclusion and justice-system involvement, effective classroom | ||||||
2 | management strategies, culturally responsive discipline, the | ||||||
3 | appropriate and available supportive services for the | ||||||
4 | promotion of student attendance and engagement, and | ||||||
5 | developmentally appropriate disciplinary methods that promote | ||||||
6 | positive and healthy school climates. | ||||||
7 | (d) The board may expel a student for a definite period of | ||||||
8 | time not to
exceed 2 calendar years, as determined on a | ||||||
9 | case-by-case basis.
A student who
is determined to have brought | ||||||
10 | one of the following objects to school, any school-sponsored | ||||||
11 | activity
or event, or any activity or event that bears a | ||||||
12 | reasonable relationship to school shall be expelled for a | ||||||
13 | period 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. | ||||||
5 | Expulsion
or suspension
shall be construed in a
manner | ||||||
6 | consistent with the federal Federal Individuals with | ||||||
7 | Disabilities Education
Act. A student who is subject to | ||||||
8 | suspension or expulsion as provided in this
Section may be | ||||||
9 | eligible for a transfer to an alternative school program in
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10 | accordance with Article 13A of the School Code.
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11 | (d-5) The board may suspend or by regulation
authorize the | ||||||
12 | superintendent of the district or the principal, assistant
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13 | principal, or dean of students of any
school to suspend a | ||||||
14 | student for a period not to exceed
10 school days or may expel | ||||||
15 | a student for a definite period of time not to
exceed 2 | ||||||
16 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
17 | that student has been determined to have made an explicit | ||||||
18 | threat on an Internet website against a school employee, a | ||||||
19 | student, or any school-related personnel, (ii) the Internet | ||||||
20 | website through which the threat was made is a site that was | ||||||
21 | accessible within the school at the time the threat was made or | ||||||
22 | was available to third parties who worked or studied within the | ||||||
23 | school grounds at the time the threat was made, and (iii) the | ||||||
24 | threat could be reasonably interpreted as threatening to the | ||||||
25 | safety and security of the threatened individual because of his | ||||||
26 | or her duties or employment status or status as a student |
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1 | inside the school.
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2 | (e) To maintain order and security in the schools, school | ||||||
3 | authorities may
inspect and search places and areas such as | ||||||
4 | lockers, desks, parking lots, and
other school property and | ||||||
5 | equipment owned or controlled by the school, as well
as | ||||||
6 | personal effects left in those places and areas by students, | ||||||
7 | without notice
to or the consent of the student, and without a | ||||||
8 | search warrant. As a matter of
public policy, the General | ||||||
9 | Assembly finds that students have no reasonable
expectation of | ||||||
10 | privacy in these places and areas or in their personal effects
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11 | left in these places and areas. School authorities may request | ||||||
12 | the assistance
of law enforcement officials for the purpose of | ||||||
13 | conducting inspections and
searches of lockers, desks, parking | ||||||
14 | lots, and other school property and
equipment owned or | ||||||
15 | controlled by the school for illegal drugs, weapons, or
other
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16 | illegal or dangerous substances or materials, including | ||||||
17 | searches conducted
through the use of specially trained dogs. | ||||||
18 | If a search conducted in accordance
with this Section produces | ||||||
19 | evidence that the student has violated or is
violating either | ||||||
20 | the law, local ordinance, or the school's policies or rules,
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21 | such evidence may be seized by school authorities, and | ||||||
22 | disciplinary action may
be taken. School authorities may also | ||||||
23 | turn over such evidence to law
enforcement authorities.
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24 | (f) Suspension or expulsion may include suspension or | ||||||
25 | expulsion from
school and all school activities and a | ||||||
26 | prohibition from being present on school
grounds.
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1 | (g) A school district may adopt a policy providing that if | ||||||
2 | a student
is suspended or expelled for any reason from any | ||||||
3 | public or private school
in this or any other state, the | ||||||
4 | student must complete the entire term of
the suspension or | ||||||
5 | expulsion in an alternative school program under Article 13A of | ||||||
6 | this Code or an alternative learning opportunities program | ||||||
7 | under Article 13B of this Code before being admitted into the | ||||||
8 | school
district if there is no threat to the safety of students | ||||||
9 | or staff in the alternative program. A school district that | ||||||
10 | adopts a policy under this subsection must include a provision | ||||||
11 | allowing for consideration of any mitigating factors, | ||||||
12 | including a student's status as a parent, expectant parent, or | ||||||
13 | victim of gender-based violence, as defined in Article 26A, in | ||||||
14 | reviews during the disciplinary period and exempting a student | ||||||
15 | from suspension or expulsion or lessening the nature or | ||||||
16 | severity of the disciplinary action taken against a student, | ||||||
17 | particularly when a mitigating factor is a factor in the | ||||||
18 | behavior that gave rise to the suspension or expulsion or | ||||||
19 | disciplinary action.
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20 | (h) School officials shall not advise or encourage students | ||||||
21 | to drop out voluntarily due to behavioral or academic | ||||||
22 | difficulties. | ||||||
23 | (i) A student may not be issued a monetary fine or fee as a | ||||||
24 | disciplinary consequence, though this shall not preclude | ||||||
25 | requiring a student to provide restitution for lost, stolen, or | ||||||
26 | damaged property. |
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1 | (j) Subsections (a) through (i) of this Section shall apply | ||||||
2 | to elementary and secondary schools, charter schools, special | ||||||
3 | charter districts, and school districts organized under | ||||||
4 | Article 34 of this Code. | ||||||
5 | (k) The expulsion of children enrolled in programs funded | ||||||
6 | under Section 1C-2 of this Code is subject to the requirements | ||||||
7 | under paragraph (7) of subsection (a) of Section 2-3.71 of this | ||||||
8 | Code. | ||||||
9 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
10 | suspension program provided by a school district for any | ||||||
11 | students in kindergarten through grade 12 may focus on | ||||||
12 | promoting non-violent conflict resolution and positive | ||||||
13 | interaction with other students and school personnel. A school | ||||||
14 | district may employ a school social worker or a licensed mental | ||||||
15 | health professional to oversee an in-school suspension program | ||||||
16 | in kindergarten through grade 12. | ||||||
17 | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | ||||||
18 | 100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff. | ||||||
19 | 8-22-18; 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 | ||||||
23 | courses , or
otherwise courses of instruction for a pupil who is | ||||||
24 | pupils who are unable to attend school
because of pregnancy or | ||||||
25 | pregnancy-related conditions, the fulfillment of parenting |
| |||||||
| |||||||
1 | obligations related to the health of the pupil's child, or | ||||||
2 | health and safety concerns arising from gender-based violence, | ||||||
3 | as defined in Article 26A . Such instruction shall be provided | ||||||
4 | to the pupil
(1) before the birth of the child when the pupil's | ||||||
5 | physician, physician assistant, or advanced practice nurse has
| ||||||
6 | indicated to the district, in writing, that the pupil is | ||||||
7 | medically unable
to attend regular classroom instruction ; and | ||||||
8 | (2) for up to 3 months
following the birth of the child or a | ||||||
9 | miscarriage ; (3) when the pupil must care for his or her ill | ||||||
10 | child if (i) the child's physician, physician assistant, or | ||||||
11 | advanced practice registered nurse has indicated to the | ||||||
12 | district, in writing, that the child has a serious health | ||||||
13 | condition that would require the pupil to be absent from school | ||||||
14 | for 2 or more consecutive weeks and (ii) the pupil or the | ||||||
15 | pupil's parent or guardian indicates to the district, in | ||||||
16 | writing, that the pupil is needed to provide care to the child | ||||||
17 | during this period; or (4) when the pupil must treat physical | ||||||
18 | or mental health complications or address safety concerns | ||||||
19 | arising from gender-based violence if the pupil's domestic or | ||||||
20 | sexual violence organization, as defined in Article 26A, or | ||||||
21 | health care provider has indicated to the district, in writing, | ||||||
22 | that the care is needed by the pupil and will cause the pupil's | ||||||
23 | absence from school for 2 or more consecutive weeks. A school | ||||||
24 | district must reassess home instruction provided to a pupil | ||||||
25 | under item (3) or (4) once every 2 months to determine the | ||||||
26 | pupil's continuing need for instruction under this Section .
The |
| |||||||
| |||||||
1 | instruction course shall be designed to offer educational | ||||||
2 | experiences
that are equivalent to those given to pupils at the | ||||||
3 | same grade level in
the district and that are designed to | ||||||
4 | enable the pupil to return to the classroom. In this subsection | ||||||
5 | (a), "serious health condition" means an illness, injury, | ||||||
6 | impairment, or physical or mental health condition that | ||||||
7 | involves inpatient care in a hospital, hospice, or residential | ||||||
8 | medical care facility or continuing treatment by a health care | ||||||
9 | provider.
| ||||||
10 | (b) Notwithstanding any other provision of law to the | ||||||
11 | contrary, if a pupil is unable to attend regular classes | ||||||
12 | because of the reasons set forth in this Section and has | ||||||
13 | participated in instruction under this Section that is | ||||||
14 | administered by the school or school district, then the pupil | ||||||
15 | may not be penalized for grading purposes or be denied course | ||||||
16 | completion, a return to regular classroom instruction, grade | ||||||
17 | level advancement, or graduation solely on the basis of the | ||||||
18 | pupil's participation in instruction under this Section or the | ||||||
19 | pupil's absence from the regular education program during the | ||||||
20 | period of instruction under this Section. A school or school | ||||||
21 | district may not use instruction under this Section to replace | ||||||
22 | making reasonable accommodations so that pupils who are | ||||||
23 | parents, expectant parents, or victims of gender-based | ||||||
24 | violence may receive regular classroom instruction. | ||||||
25 | (Source: P.A. 100-443, eff. 8-25-17.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/13A-11)
| ||||||
2 | Sec. 13A-11. Chicago public schools.
| ||||||
3 | (a) The Chicago Board of Education may
establish | ||||||
4 | alternative schools within Chicago and may contract with third
| ||||||
5 | parties for services otherwise performed by employees, | ||||||
6 | including those in a
bargaining unit, in accordance with | ||||||
7 | Sections 34-8.1, 34-18, and 34-49.
| ||||||
8 | (b) Alternative schools operated by third parties within | ||||||
9 | Chicago shall be
exempt from all provisions of this Code, | ||||||
10 | except 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.)
|
| |||||||
| |||||||
1 | (105 ILCS 5/22-60) | ||||||
2 | Sec. 22-60. Unfunded mandates prohibited. | ||||||
3 | (a) No public school district or private school is | ||||||
4 | obligated to comply with the following types of mandates unless | ||||||
5 | a separate appropriation has been enacted into law providing | ||||||
6 | full funding for the mandate for the school year during which | ||||||
7 | the mandate is required: | ||||||
8 | (1) Any mandate in this Code enacted after the | ||||||
9 | effective date of this amendatory Act of the 96th General | ||||||
10 | Assembly. | ||||||
11 | (2) Any regulatory mandate promulgated by the State | ||||||
12 | Board of Education and adopted by rule after the effective | ||||||
13 | date of this amendatory Act of the 96th General Assembly | ||||||
14 | other than those promulgated with respect to this Section | ||||||
15 | or statutes already enacted on or before the effective date | ||||||
16 | of this amendatory Act of the 96th General Assembly. | ||||||
17 | (b) If the amount appropriated to fund a mandate described | ||||||
18 | in subsection (a) of this Section does not fully fund the | ||||||
19 | mandated activity, then the school district or private school | ||||||
20 | may choose to discontinue or modify the mandated activity to | ||||||
21 | ensure that the costs of compliance do not exceed the funding | ||||||
22 | received. | ||||||
23 | Before discontinuing or modifying the mandate, the school | ||||||
24 | district shall petition its regional superintendent of schools | ||||||
25 | on or before February 15 of each year to request to be exempt | ||||||
26 | from implementing the mandate in a school or schools in the |
| |||||||
| |||||||
1 | next school year. The petition shall include all legitimate | ||||||
2 | costs associated with implementing and operating the mandate, | ||||||
3 | the estimated reimbursement from State and federal sources, and | ||||||
4 | any unique circumstances the school district can verify that | ||||||
5 | exist that would cause the implementation and operation of such | ||||||
6 | a mandate to be cost prohibitive. | ||||||
7 | The regional superintendent of schools shall review the | ||||||
8 | petition. In accordance with the Open Meetings Act, he or she | ||||||
9 | shall convene a public hearing to hear testimony from the | ||||||
10 | school district and interested community members. The regional | ||||||
11 | superintendent shall, on or before March 15 of each year, | ||||||
12 | inform the school district of his or her decision, along with | ||||||
13 | the reasons why the exemption was granted or denied, in | ||||||
14 | writing. The regional superintendent must also send | ||||||
15 | notification to the State Board of Education detailing which | ||||||
16 | school districts requested an exemption and the results. | ||||||
17 | If the regional superintendent grants an exemption to the | ||||||
18 | school district, then the school district is relieved from the | ||||||
19 | requirement to establish and implement the mandate in the | ||||||
20 | school or schools granted an exemption for the next school | ||||||
21 | year.
If the regional superintendent of schools does not grant | ||||||
22 | an exemption, then the school district shall implement the | ||||||
23 | mandate in accordance with the applicable law or rule by the | ||||||
24 | first student attendance day of the next school year. However, | ||||||
25 | the school district or a resident of the school district may on | ||||||
26 | or before April 15 appeal the decision of the regional |
| |||||||
| |||||||
1 | superintendent to the State Superintendent of Education. The | ||||||
2 | State Superintendent shall hear appeals on the decisions of | ||||||
3 | regional superintendents of schools no later than May 15 of | ||||||
4 | each year. The State Superintendent shall make a final decision | ||||||
5 | at the conclusion of the hearing on the school district's | ||||||
6 | request for an exemption from the mandate. If the State | ||||||
7 | Superintendent grants an exemption, then the school district is | ||||||
8 | relieved from the requirement to implement a mandate in the | ||||||
9 | school or schools granted an exemption for the next school | ||||||
10 | year. If the State Superintendent does not grant an exemption, | ||||||
11 | then the school district shall implement the mandate in | ||||||
12 | accordance with the applicable law or rule by the first student | ||||||
13 | attendance day of the next school year. | ||||||
14 | If a school district or private school discontinues or | ||||||
15 | modifies a mandated activity due to lack of full funding from | ||||||
16 | the State, then the school district or private school shall | ||||||
17 | annually maintain and update a list of discontinued or modified | ||||||
18 | mandated activities. The list shall be provided to the State | ||||||
19 | Board of Education upon request. | ||||||
20 | (c) This Section does not apply to (i) any new statutory or | ||||||
21 | regulatory mandates related to revised learning standards | ||||||
22 | developed through the Common Core State Standards Initiative | ||||||
23 | and assessments developed to align with those standards or | ||||||
24 | actions specified in this State's Phase 2 Race to the Top Grant | ||||||
25 | application if the application is approved by the United States | ||||||
26 | Department of Education , or (ii) new statutory or regulatory |
| |||||||
| |||||||
1 | mandates from the Race to the Top Grant through the federal | ||||||
2 | American Recovery and Reinvestment Act of 2009 imposed on | ||||||
3 | school districts designated as being in the lowest performing | ||||||
4 | 5% of schools within the Race to the Top Grant application , or | ||||||
5 | (iii) any changes made by this amendatory Act of the 101st | ||||||
6 | General Assembly . | ||||||
7 | (d) In any instances in which this Section conflicts with | ||||||
8 | the 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 | ||||||
12 | to compulsory school
attendance and who is absent without valid | ||||||
13 | cause, as defined under this Section, from such attendance for | ||||||
14 | more than 1% but less than 5% of the past 180 school days. | ||||||
15 | "Valid cause" for absence shall be illness ; attendance at a | ||||||
16 | medical appointment; , observance of a religious
holiday ; , | ||||||
17 | death in the immediate family ; ,
family emergency ; , fulfillment | ||||||
18 | of a student's parenting responsibility, including, but not | ||||||
19 | limited to, arranging and providing child care, caring for the | ||||||
20 | student's sick child, or attending medical appointments for the | ||||||
21 | student's child; or addressing circumstances resulting from | ||||||
22 | gender-based violence, as defined in Article 26A, including, | ||||||
23 | but not limited to, experiencing gender-based violence, | ||||||
24 | recovering from physical or psychological injuries, seeking | ||||||
25 | medical attention, seeking services from a domestic or sexual |
| |||||||
| |||||||
1 | violence organization, as defined in Article 26A, seeking | ||||||
2 | psychological or other counseling, participating in safety | ||||||
3 | planning, temporarily or permanently relocating, seeking legal | ||||||
4 | assistance or remedies, or taking any other action to increase | ||||||
5 | the safety or health of the student or to protect the student | ||||||
6 | from future gender-based violence and shall include such other | ||||||
7 | situations beyond the control
of the student as determined by | ||||||
8 | the board of education in each district ,
or such other | ||||||
9 | circumstances which cause reasonable concern to the parent
for | ||||||
10 | the mental, emotional, or physical health or safety of the | ||||||
11 | student. A school district may require a student to verify his | ||||||
12 | or her claim of gender-based violence under Section 26A-45 | ||||||
13 | before approving a valid cause for an absence of 3 or more | ||||||
14 | consecutive days under this Section that is related to | ||||||
15 | gender-based based violence. | ||||||
16 | "Chronic or habitual truant" shall be defined as a child | ||||||
17 | who is subject to compulsory
school attendance and who is | ||||||
18 | absent without valid cause from such attendance
for 5% or more | ||||||
19 | of the previous 180 regular attendance days. | ||||||
20 | "Truant minor" is defined as a chronic truant to whom | ||||||
21 | supportive
services, including prevention, diagnostic, | ||||||
22 | intervention and remedial
services, alternative programs and | ||||||
23 | other school and community resources
have been provided and | ||||||
24 | have failed to result in the cessation of chronic
truancy, or | ||||||
25 | have been offered and refused. | ||||||
26 | A "dropout" is defined as any child enrolled in grades 9 |
| |||||||
| |||||||
1 | through 12 whose
name has been removed from the district | ||||||
2 | enrollment roster for any reason
other than the student's | ||||||
3 | death, extended illness, removal for medical non-compliance, | ||||||
4 | expulsion, aging out, graduation, or completion of a
program of | ||||||
5 | studies and who has not transferred to another public or | ||||||
6 | private school and is not known to be home-schooled by his or | ||||||
7 | her parents or guardians or continuing school in another | ||||||
8 | country. | ||||||
9 | "Religion" for the purposes of this Article, includes all | ||||||
10 | aspects of
religious observance and practice, as well as | ||||||
11 | belief. | ||||||
12 | (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18; | ||||||
13 | revised 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 | ||||||
19 | be referred to as the Ensuring Success in School Law. This | ||||||
20 | Article applies to all school districts and schools governed by | ||||||
21 | this Code, including those under Articles 13, 13A, 13B, 27A, | ||||||
22 | 32, 33, and 34.
| ||||||
23 | (105 ILCS 5/26A-5 new) |
| |||||||
| |||||||
1 | Sec. 26A-5. Purpose. The purpose of this Article is to | ||||||
2 | ensure that Illinois schools have policies, procedures, and | ||||||
3 | protocols in place that ensure children and youth who are | ||||||
4 | parents, expectant parents, or victims of gender-based | ||||||
5 | violence are identified by schools in a manner respectful of | ||||||
6 | their privacy and safety, treated with dignity and regard, and | ||||||
7 | provided the protection, instruction, and related | ||||||
8 | accommodations and services necessary to enable them to meet | ||||||
9 | State educational standards and successfully attain a high | ||||||
10 | school diploma. This Article shall be interpreted liberally to | ||||||
11 | aid 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) | ||||||
15 | consent is a freely given agreement to sexual activity, (ii) a | ||||||
16 | youth's lack of verbal or physical resistance or submission | ||||||
17 | resulting from the use of threat of force does not constitute | ||||||
18 | consent, (iii) a youth's manner of dress does not constitute | ||||||
19 | consent, (iv) a youth's consent to past sexual activity does | ||||||
20 | not constitute consent to future sexual activity, (v) a youth's | ||||||
21 | consent to engage in sexual activity does not constitute | ||||||
22 | consent to engage in sexual activity with another, (vi) a youth | ||||||
23 | can withdraw consent at any time, and (vii) a youth cannot | ||||||
24 | consent to sexual activity if that youth is unable to | ||||||
25 | understand the nature of the activity or give knowing consent |
| |||||||
| |||||||
1 | due to circumstances that include, but are not limited to, all | ||||||
2 | of 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 | ||||||
10 | nonprofit, nongovernmental organization that provides | ||||||
11 | assistance to victims of gender-based violence or advocates for | ||||||
12 | those victims, including an organization carrying out a | ||||||
13 | domestic or sexual violence or other gender-based violence | ||||||
14 | program, an organization operating a shelter or a rape crisis | ||||||
15 | center or providing counseling services, an accredited | ||||||
16 | children's advocacy center, an organization that provides | ||||||
17 | services to or advocates on behalf of youth who are gay, | ||||||
18 | lesbian, bi-sexual, transgender, or gender nonconforming, an | ||||||
19 | organization that provides services to or advocates on behalf | ||||||
20 | of youth who are parents or expectant parents, or an | ||||||
21 | organization seeking to eliminate gender-based violence or to | ||||||
22 | address the consequences of that violence for its victims | ||||||
23 | through legislative advocacy or policy change, public | ||||||
24 | education, or service collaboration. | ||||||
25 | "Domestic violence" means abuse, as defined in Section 103 | ||||||
26 | of the Illinois Domestic Violence Act of 1986, by a family or |
| |||||||
| |||||||
1 | household member, as defined in Section 103 of the Illinois | ||||||
2 | Domestic Violence Act of 1986. | ||||||
3 | "Electronic communication" includes communication via | ||||||
4 | telephone, mobile phone, computer, email, video recorder, fax | ||||||
5 | machine, telex, pager, apps or applications, or any other | ||||||
6 | electronic communication or cyberstalking as defined in | ||||||
7 | Section 12-7.5 of the Criminal Code of 2012. | ||||||
8 | "Expectant parent" means a youth who is pregnant or a youth | ||||||
9 | who intends to act as a parent and who has not yet received a | ||||||
10 | diploma for completion of a secondary education as defined in | ||||||
11 | Section 22-22. | ||||||
12 | "Gender-based violence" means domestic violence, | ||||||
13 | harassment, sexual activity without consent, sexual assault, | ||||||
14 | sexual violence, or stalking. Gender-based violence may occur | ||||||
15 | through electronic communication. Gender-based violence exists | ||||||
16 | regardless of when or where the violence occurred, whether or | ||||||
17 | not the violence is the subject of a criminal investigation or | ||||||
18 | the perpetrator has been criminally charged or convicted of a | ||||||
19 | crime, whether or not an order of protection or a no-contact | ||||||
20 | order is pending before or has been issued by a court, or | ||||||
21 | whether or not any gender-based violence took place on school | ||||||
22 | grounds, during regular school hours, or during a | ||||||
23 | school-sponsored event. | ||||||
24 | "Harassment" means any harassment or discrimination on the | ||||||
25 | basis of an individual's actual or perceived sex or gender, | ||||||
26 | including unwelcome sexual advances, requests for sexual |
| |||||||
| |||||||
1 | favors, other verbal or physical conduct of a sexual nature, or | ||||||
2 | unwelcome conduct, including verbal, nonverbal, or physical | ||||||
3 | conduct that is not sexual in nature, but is related to a | ||||||
4 | student's status as a parent, expectant parent, or victim of | ||||||
5 | gender-based violence. | ||||||
6 | "Parent", as it relates to a student, means a student who | ||||||
7 | is a custodial or a noncustodial parent taking an active role | ||||||
8 | in the care and supervision of a child and who has not yet | ||||||
9 | received a diploma for completion of a secondary education, as | ||||||
10 | defined in Section 22-22. | ||||||
11 | "Perpetrator" means an individual who commits or is alleged | ||||||
12 | to have committed any act of gender-based violence. The term | ||||||
13 | "perpetrator" must be used with caution when applied to | ||||||
14 | children, particularly young children. | ||||||
15 | "Poor academic performance" means a student who has (i) | ||||||
16 | scored in the 50th percentile or below on a school | ||||||
17 | district-administered standardized test, (ii) received a score | ||||||
18 | on a State assessment that does not meet standards in one or | ||||||
19 | more of the fundamental learning areas under Section 27-1, as | ||||||
20 | applicable for the student's grade level, or (iii) not met | ||||||
21 | grade-level expectations on a school district-designed | ||||||
22 | assessment. | ||||||
23 | "School", for purposes of the provisions of this Article | ||||||
24 | relating to children and youth who are parents, expectant | ||||||
25 | parents, or victims of gender-based violence, includes, but is | ||||||
26 | not limited to, (i) a public or State-operated elementary or |
| |||||||
| |||||||
1 | secondary school, (ii) a school operated pursuant to an | ||||||
2 | agreement with a public school district, including a | ||||||
3 | cooperative or joint agreement with a governing body or board | ||||||
4 | of control, (iii) a charter school operating in compliance with | ||||||
5 | the Charter Schools Law, (iv) a school operated under Section | ||||||
6 | 13A-3, (v) an alternative school operated by third parties | ||||||
7 | within the City of Chicago under Section 13A-11, (vi) an | ||||||
8 | alternative learning opportunities program operated under | ||||||
9 | Article 13B, (vii) a public school administered by a local | ||||||
10 | public agency or the Department of Human Services operating | ||||||
11 | pursuant to the authority of this Code, and (viii) any schools | ||||||
12 | otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34. | ||||||
13 | "School district", for purposes of the provisions of this | ||||||
14 | Article relating to youth who are parents, expectant parents, | ||||||
15 | or victims of domestic or sexual violence, means any public | ||||||
16 | entity responsible for administering schools, including school | ||||||
17 | districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34, | ||||||
18 | or any other entity responsible for administering public | ||||||
19 | schools, such as cooperatives, joint agreements, charter | ||||||
20 | schools, special charter districts, regional offices of | ||||||
21 | education, local agencies, or the Department of Human Services. | ||||||
22 | "Sexual activity" means any knowingly touching or fondling | ||||||
23 | by one person, either directly or through clothing, of the sex | ||||||
24 | organs, anus, mouth, or breast of another person for the | ||||||
25 | purpose of sexual gratification or arousal. | ||||||
26 | "Sexual assault" means any conduct of an adult or minor |
| |||||||
| |||||||
1 | child proscribed in Article 11 of the Criminal Code of 2012, | ||||||
2 | except for Sections 11-35 and 11-45 of the Criminal Code of | ||||||
3 | 2012, or similar provisions of the Criminal Code of 1961, | ||||||
4 | including conduct committed by perpetrators who are strangers | ||||||
5 | to the victim and conduct committed by perpetrators who are | ||||||
6 | known or related by blood or marriage to the victim. | ||||||
7 | "Stalking" means any conduct proscribed in Section 12-7.3, | ||||||
8 | 12-7.4, or 12-7.5 of the Criminal Code of 2012, or similar | ||||||
9 | provisions of the Criminal Code of 1961, including stalking | ||||||
10 | committed by perpetrators who are strangers to the victim and | ||||||
11 | stalking committed by perpetrators who are known or related by | ||||||
12 | blood or marriage to the victim. | ||||||
13 | "Student" or "pupil" means any child or youth enrolled, | ||||||
14 | eligible to enroll, or previously enrolled in a school who has | ||||||
15 | not yet received a diploma for completion of a secondary | ||||||
16 | education, as defined in Section 22-22. | ||||||
17 | "Student at risk of academic failure" means a student who | ||||||
18 | is at risk of failing to meet Illinois Learning Standards or | ||||||
19 | failing to graduate from elementary or high school and who | ||||||
20 | demonstrates a need for educational support or social services | ||||||
21 | beyond those provided by the regular school program. | ||||||
22 | "Victim" means an individual who has been subjected to one | ||||||
23 | or more acts of gender-based violence. | ||||||
24 | "Youth" means a child, pupil, student, or juvenile below | ||||||
25 | the age of 21 years who has not yet completed his or her | ||||||
26 | prescribed course of study or has not received a diploma for |
| |||||||
| |||||||
1 | completion of a secondary education, as defined in Section | ||||||
2 | 22-22. "Youth" includes, but is not limited to, unaccompanied | ||||||
3 | youth 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 | ||||||
7 | created, 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | ||||||
13 | group from among the members of the group. Members of the | ||||||
14 | working group shall serve for a term of 2 years without | ||||||
15 | compensation, but may be reimbursed for their travel expenses | ||||||
16 | from appropriations to the State Board made available for that | ||||||
17 | purpose and subject to the rules of the appropriate travel | ||||||
18 | control board. The Office of the Governor must provide the | ||||||
19 | working group with administrative and technical support. | ||||||
20 | (c) The working group must meet at least once per quarter, | ||||||
21 | at the call of the chairperson. The working group may hold no | ||||||
22 | more than 2 public hearings annually to advise the Governor and | ||||||
23 | the General Assembly on the implementation, monitoring, and | ||||||
24 | evaluation of the changes made by this amendatory Act of the | ||||||
25 | 101st General Assembly by schools and school districts | ||||||
26 | throughout the State, including, but not limited to, the |
| |||||||
| |||||||
1 | development of policies, procedures, and protocols to be | ||||||
2 | implemented by schools and school districts. All meetings of | ||||||
3 | the working group must be conducted in accordance with the Open | ||||||
4 | Meetings Act. The working group must ensure the participation | ||||||
5 | of youth who are parents, expectant parents, and victims of | ||||||
6 | gender-based violence and incorporate those students' advice | ||||||
7 | and recommendations into the working group's advice regarding | ||||||
8 | the implementation, monitoring, and evaluation of the changes | ||||||
9 | made by this amendatory Act of the 101st General Assembly. The | ||||||
10 | working group may establish committees to address any issues | ||||||
11 | that may arise while performing its duties under this Section. | ||||||
12 | (d) On or before June 30, 2021, and on or before each June | ||||||
13 | 30 annually thereafter, the working group must submit a report | ||||||
14 | to the Governor and the General Assembly on its findings and | ||||||
15 | recommendations. The reports issued to the General Assembly | ||||||
16 | under this subsection must be provided to any member of the | ||||||
17 | General Assembly upon request.
| ||||||
18 | (105 ILCS 5/26A-20 new) | ||||||
19 | Sec. 26A-20. Review and revision of policies and | ||||||
20 | procedures. | ||||||
21 | (a) No later than July 1, 2021, and every 2 years | ||||||
22 | thereafter, each school district must review all existing | ||||||
23 | policies and procedures and must revise any existing policies | ||||||
24 | and procedures that may act as a barrier to the immediate | ||||||
25 | enrollment and re-enrollment, attendance, graduation, and |
| |||||||
| |||||||
1 | success in school of any youth who is a parent, expectant | ||||||
2 | parent, or victim of gender-based violence or any policies or | ||||||
3 | procedures that may compromise a criminal investigation | ||||||
4 | relating to gender-based violence or may re-victimize the | ||||||
5 | youth. A school district must adopt new policies and | ||||||
6 | procedures, as needed, to implement this Section and to ensure | ||||||
7 | that immediate and effective steps are taken to respond to | ||||||
8 | youth who are parents, expectant parents, or victims of | ||||||
9 | gender-based violence. | ||||||
10 | (b) A school district must confer with persons with | ||||||
11 | expertise in youth who are parents or expectant parents and | ||||||
12 | with persons with expertise in youth who are victims of | ||||||
13 | gender-based violence, including domestic and sexual violence | ||||||
14 | organizations, in (i) the review and revision and the adoption | ||||||
15 | and implementation of new policies and procedures under this | ||||||
16 | Section, including those policies and procedures related to | ||||||
17 | confidentiality, parental involvement, and a youth's | ||||||
18 | health-related or safety-related concerns in connection with | ||||||
19 | notifying a parent or guardian and (ii) the development and | ||||||
20 | distribution of materials related to those youth, including | ||||||
21 | outreach to youth not in school. A school district must ensure | ||||||
22 | that all materials distributed to youth are age appropriate and | ||||||
23 | culturally responsive and that youth are notified of and | ||||||
24 | understand the school district's policies and procedures, | ||||||
25 | including how and to whom to report any incident of | ||||||
26 | gender-based violence. |
| |||||||
| |||||||
1 | (c) A school district's policy on the procedures that a | ||||||
2 | youth or his or her parent or guardian may follow if he or she | ||||||
3 | chooses to report an incident of alleged gender-based violence | ||||||
4 | must, 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 |
| |||||||
| |||||||
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 | ||||||
9 | procedures on its website, distribute them in written form at | ||||||
10 | the beginning of each school year to each student, and make | ||||||
11 | copies available to each student and his or her parent or | ||||||
12 | guardian for inspection and copying at no cost to the student | ||||||
13 | or 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 | ||||||
17 | adopt one procedure to resolve complaints of alleged incidents | ||||||
18 | of student-perpetrated, gender-based violence and violations | ||||||
19 | of this amendatory Act of the 101st General Assembly. These | ||||||
20 | procedures shall comply with the confidentiality provisions of | ||||||
21 | Sections 26A-20 and 26A-30. The procedure must include, at a | ||||||
22 | minimum, 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 |
| |||||||
| |||||||
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 | ||||||
25 | will resolve complaints of alleged incidents of | ||||||
26 | student-perpetrated, gender-based violence or violations of |
| |||||||
| |||||||
1 | this amendatory Act of the 101st General Assembly. | ||||||
2 | (c) All individuals whose duties include resolution of | ||||||
3 | complaints of alleged incidents of student-perpetrated, | ||||||
4 | gender-based violence or violations of this amendatory Act of | ||||||
5 | the 101st General Assembly must receive a minimum of 10 hours | ||||||
6 | of annual training on issues related to gender-based violence | ||||||
7 | and how to conduct the school district's complaint resolution | ||||||
8 | procedure, which may include the in-service training required | ||||||
9 | under subsection (d) of Section 10-22.39. This training must be | ||||||
10 | conducted by an individual or individuals with expertise in | ||||||
11 | gender-based violence in youth and expertise in | ||||||
12 | developmentally appropriate communications with elementary and | ||||||
13 | secondary school students regarding topics of a sexual, | ||||||
14 | violent, or sensitive nature. | ||||||
15 | (d) Each school district must have a sufficient number of | ||||||
16 | individuals trained to resolve complaints so that (i) a | ||||||
17 | substitution can occur in the case of a conflict of interest or | ||||||
18 | recusal, (ii) an individual with no prior involvement in the | ||||||
19 | initial determination or finding may hear any appeal brought by | ||||||
20 | a party, and (iii) the complaint resolution procedure proceeds | ||||||
21 | in a timely manner. | ||||||
22 | (e) An individual resolving a complaint must use a | ||||||
23 | preponderance of the evidence standard to determine if the | ||||||
24 | alleged incident of student-perpetrated, gender-based violence | ||||||
25 | occurred or if there is an allegation of a violation of this | ||||||
26 | amendatory Act of the 101st General Assembly. |
| |||||||
| |||||||
1 | (f) With complaints of alleged incidents of | ||||||
2 | student-perpetrated, gender-based violence, the complainant | ||||||
3 | and respondent shall (i) receive notice of the name of the | ||||||
4 | individual with authority to make a finding or impose a | ||||||
5 | sanction in the proceeding before the individual may initiate | ||||||
6 | contact with either party and (ii) have the opportunity to | ||||||
7 | request a substitution if the participation of an individual | ||||||
8 | with authority to make a finding or impose a sanction poses a | ||||||
9 | conflict of interest. | ||||||
10 | (g) With complaints of alleged incidents of | ||||||
11 | student-perpetrated, gender-based violence, the complainant | ||||||
12 | and the respondent may not directly cross-examine one another, | ||||||
13 | but may, at the discretion and direction of the individual | ||||||
14 | resolving the complaint, suggest questions to be posed by the | ||||||
15 | individual resolving the complaint and respond to the other | ||||||
16 | party. | ||||||
17 | (h) Each party may request and must be allowed to have a | ||||||
18 | representative or an advisor of his or her choice accompany him | ||||||
19 | or her to any meeting or proceeding related to the alleged | ||||||
20 | incident of student-perpetrated, gender-based violence or | ||||||
21 | violation of this amendatory Act of the 101st General Assembly | ||||||
22 | if the involvement of the advisor does not result in undue | ||||||
23 | delay of the meeting or proceeding. The advisor must comply | ||||||
24 | with any rules of the school district's complaint resolution | ||||||
25 | procedure regarding the advisor's role. If the advisor violates | ||||||
26 | the rules or engages in behavior or advocacy that harasses, |
| |||||||
| |||||||
1 | abuses, or intimidates either party, a witness, or an | ||||||
2 | individual resolving the complaint, that advisor may be | ||||||
3 | prohibited from further participation in the meeting or | ||||||
4 | proceeding. | ||||||
5 | (i) If the complaint resolution procedure involves a | ||||||
6 | hearing and the complainant or the respondent is a student, he | ||||||
7 | or she may not be compelled to testify in the presence of the | ||||||
8 | other party. If a party invokes this right, the school district | ||||||
9 | must provide a procedure by which each party may, at a minimum, | ||||||
10 | hear the other party's testimony. | ||||||
11 | (j) The complainant, regardless of his or her level of | ||||||
12 | involvement in the complaint resolution procedure, and the | ||||||
13 | respondent must have the opportunity to provide or present | ||||||
14 | evidence and witnesses on their behalf during the complaint | ||||||
15 | resolution procedure. | ||||||
16 | (k) The complainant and the respondent are entitled to | ||||||
17 | simultaneous, written notification of the results of the | ||||||
18 | complaint resolution procedure, including information | ||||||
19 | regarding appeal rights, within 7 days after a decision or | ||||||
20 | sooner if required by State or federal law. | ||||||
21 | (l) The complainant and the respondent must, at a minimum, | ||||||
22 | have the right to timely appeal the complaint resolution | ||||||
23 | procedure's findings or imposed sanctions if a party alleges | ||||||
24 | that (i) a procedural error occurred, (ii) new information | ||||||
25 | exists that would substantially change the outcome of the | ||||||
26 | finding, or (iii) the sanction is disproportionate to the |
| |||||||
| |||||||
1 | violation. An individual reviewing the findings or imposed | ||||||
2 | sanctions may not have previously participated in the complaint | ||||||
3 | resolution procedure and may not have a conflict of interest | ||||||
4 | with either party. The complainant and the respondent must | ||||||
5 | receive the appeal decision, in writing, within 7 days after | ||||||
6 | the conclusion of the review of findings or sanctions or sooner | ||||||
7 | if required by federal or State law. | ||||||
8 | (m) Each school district must have a procedure to determine | ||||||
9 | interim protective measures and accommodations available | ||||||
10 | pending the resolution of the complaint, including the | ||||||
11 | implementation 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 | ||||||
15 | and protocol to ensure that all information concerning a | ||||||
16 | youth's status and related experiences as a parent, expectant | ||||||
17 | parent, or victim of gender-based violence provided to or | ||||||
18 | otherwise obtained by the school district or its employees or | ||||||
19 | agents pursuant to this Code or otherwise, including a | ||||||
20 | statement of the youth or any other documentation, record, or | ||||||
21 | corroborating evidence or that the youth has requested or | ||||||
22 | obtained assistance, accommodations, or services pursuant to | ||||||
23 | this Code, shall be retained in the strictest confidence by the | ||||||
24 | school district or its employees or agents and may not be | ||||||
25 | disclosed to any other individual, including any other |
| |||||||
| |||||||
1 | employee, except to the extent that disclosure is (i) requested | ||||||
2 | or consented to in writing by the youth or the youth's parent | ||||||
3 | or guardian if it is safe to obtain written consent from the | ||||||
4 | youth's parent or guardian or (ii) otherwise required by | ||||||
5 | applicable federal or State law, including the Abused and | ||||||
6 | Neglected Child Reporting Act and professional ethics policies | ||||||
7 | that govern school personnel. | ||||||
8 | (b) Prior to disclosing information about a youth's status | ||||||
9 | as a parent, expectant parent, or victim of gender-based | ||||||
10 | violence, a school must notify the youth and discuss and | ||||||
11 | address any safety concerns related to the disclosure, | ||||||
12 | including instances where the youth indicates or the school or | ||||||
13 | school district or its employees or agents are otherwise aware | ||||||
14 | that the youth's health or safety may be at risk if his or her | ||||||
15 | status is disclosed to the youth's parent or guardian, except | ||||||
16 | as otherwise required by applicable federal or State law, | ||||||
17 | including the Abused and Neglected Child Reporting act and | ||||||
18 | professional ethics policies that govern the professional | ||||||
19 | school personnel. | ||||||
20 | (c) No youth may be required to testify publicly concerning | ||||||
21 | his or her status as a victim of gender-based violence, | ||||||
22 | allegations of gender-based violence, his or her status as a | ||||||
23 | parent or expectant parent, or the youth's efforts to enforce | ||||||
24 | any of his or her rights under provisions in this Code relating | ||||||
25 | to youth who are parents, expectant parents, or victims of | ||||||
26 | gender-based violence. |
| |||||||
| |||||||
1 | (d) In the case of gender-based violence, a school district | ||||||
2 | may not contact the person named to be the perpetrator, the | ||||||
3 | perpetrator's family, or any other person named by the youth or | ||||||
4 | named by the youth's parent or guardian to be unsafe to contact | ||||||
5 | to verify the violence. A school district may not contact the | ||||||
6 | perpetrator, the perpetrator's family, or any other person | ||||||
7 | named by the youth or the youth's parent or guardian to be | ||||||
8 | unsafe for any other reason without written permission from the | ||||||
9 | youth or his or her parent or guardian. Permission from the | ||||||
10 | youth's parent or guardian may not be pursued if the youth | ||||||
11 | alleges that his or her health or safety would be threatened if | ||||||
12 | the school or school district contacts the youth's parent or | ||||||
13 | guardian to obtain written permission. | ||||||
14 | (e) A school district must take all actions necessary to | ||||||
15 | comply 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 | ||||||
18 | personnel. | ||||||
19 | (a) Each school district shall designate or appoint at | ||||||
20 | least one staff person at each school in the district who is | ||||||
21 | employed at least part-time at the school and who is a school | ||||||
22 | social worker, school psychologist, school counselor, school | ||||||
23 | nurse, school teacher, or school administrator trained to | ||||||
24 | address, in a culturally responsive, confidential, and | ||||||
25 | sensitive manner, the needs of youth who are parents, expectant |
| |||||||
| |||||||
1 | parents, or victims of gender-based violence. The designated or | ||||||
2 | appointed 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 |
| |||||||
| |||||||
1 | subsection (a) must (i) be trained to understand, provide | ||||||
2 | information and referrals, and address issues pertaining to | ||||||
3 | youth who are parents, expectant parents, or victims of | ||||||
4 | gender-based violence, including the theories and dynamics of | ||||||
5 | domestic and sexual violence, the necessity for | ||||||
6 | confidentiality and the law, policy, procedures, and protocols | ||||||
7 | implementing confidentiality, and the notification to the | ||||||
8 | youth's parent or guardian regarding the youth's status as a | ||||||
9 | parent, expectant parent, or victim of gender-based violence or | ||||||
10 | the enforcement of the youth's rights under this Code if the | ||||||
11 | notice of the youth's status or the involvement of the youth's | ||||||
12 | parent or guardian may put the health or safety of the youth at | ||||||
13 | risk, including the rights of minors to consent to counseling | ||||||
14 | services and psychotherapy under the Mental Health and | ||||||
15 | Developmental Disabilities Code, or (ii) at a minimum, have | ||||||
16 | participated in an in-service training program under | ||||||
17 | subsection (d) of Section 10-22.39 that includes training on | ||||||
18 | the rights of minors to consent to counseling services and | ||||||
19 | psychotherapy under the Mental Health and Developmental | ||||||
20 | Disabilities Code within 12 months prior to his or her | ||||||
21 | designation or appointment. | ||||||
22 | (c) A school district must designate or appoint and train | ||||||
23 | all gender-based violence and parenting resource personnel, | ||||||
24 | and the personnel must assist in implementing the duties | ||||||
25 | described in this Section no later than January 1, 2021, except | ||||||
26 | in those school districts in which there exists a collective |
| |||||||
| |||||||
1 | bargaining agreement on the effective date of this amendatory | ||||||
2 | Act of the 101st General Assembly and the implementation of | ||||||
3 | this Section would be a violation of that collective bargaining | ||||||
4 | agreement. If implementation of some activities required under | ||||||
5 | this Section is prevented by an existing collective bargaining | ||||||
6 | agreement, a school district must comply with this Section to | ||||||
7 | the fullest extent allowed by the existing collective | ||||||
8 | bargaining agreement no later than January 1, 2021. In those | ||||||
9 | instances in which a collective bargaining agreement that | ||||||
10 | either fully or partially prevents full implementation of this | ||||||
11 | Section expires after January 1, 2021, a school district must | ||||||
12 | designate or appoint and train all gender-based and parenting | ||||||
13 | resource personnel, who shall implement the duties described in | ||||||
14 | this Section no later than the effective date of the new | ||||||
15 | collective bargaining agreement that immediately succeeds the | ||||||
16 | collective bargaining agreement in effect at the time this | ||||||
17 | Section 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 | ||||||
21 | parents, expectant parents, or victims of gender-based | ||||||
22 | violence, each school district must provide those youth with | ||||||
23 | reasonable accommodations and adjustments in school policy and | ||||||
24 | practice, in-school support services, access to non-school | ||||||
25 | based support services, and the ability to make up work missed |
| |||||||
| |||||||
1 | on account of circumstances related to the youth's status as a | ||||||
2 | parent, expectant parent, or victim of gender-based violence. | ||||||
3 | Victims of gender-based violence must have access to those | ||||||
4 | accommodations, adjustments, and services regardless of when | ||||||
5 | or where the violence for which they are seeking | ||||||
6 | accommodations, adjustments, or services occurred. All | ||||||
7 | accommodations, adjustments, and services must be continued | ||||||
8 | for as long as necessary to maintain the mental and physical | ||||||
9 | well-being and safety of the youth. | ||||||
10 | (b) Reasonable accommodations and adjustments provided | ||||||
11 | under subsection (a) shall include, but are not limited to, (i) | ||||||
12 | the provision of sufficiently private settings to ensure | ||||||
13 | confidentiality and time off from class for meetings with | ||||||
14 | counselors or other service providers, (ii) assisting the youth | ||||||
15 | in creating a student success plan, (iii) transfer of a victim | ||||||
16 | of gender-based violence or the student perpetrator to a | ||||||
17 | different classroom or school, (iv) change of seating | ||||||
18 | assignment, (v) implementation of in-school, school grounds, | ||||||
19 | and bus safety procedures, (vi) honoring court orders, | ||||||
20 | including orders of protection and no-contact orders, and (vii) | ||||||
21 | any other accommodation that may facilitate the full | ||||||
22 | participation in the regular education program of youth who are | ||||||
23 | parents, expectant parents, or victims of gender-based | ||||||
24 | violence. | ||||||
25 | (c) If a youth who is a parent, expectant parent, or victim | ||||||
26 | of gender-based violence is a student at risk of academic |
| |||||||
| |||||||
1 | failure or displays poor academic performance, the youth or the | ||||||
2 | youth's parent or guardian may request that the school district | ||||||
3 | provide the youth with or refer the youth to education and | ||||||
4 | support services designed to assist the youth in meeting State | ||||||
5 | learning standards. A school district may either provide | ||||||
6 | education or support services directly or may collaborate with | ||||||
7 | public or private State, local, or community-based | ||||||
8 | organizations or agencies that provide these services. A school | ||||||
9 | district must also assist those youth in accessing the support | ||||||
10 | services of non-school
based organizations and agencies where | ||||||
11 | those youth typically receive services in the community. | ||||||
12 | (d) Any youth who is unable, because of circumstances | ||||||
13 | related to the youth's status as a parent, expectant parent, or | ||||||
14 | victim of gender-based violence, to participate in classes on a | ||||||
15 | particular day or days or at a particular time of day must be | ||||||
16 | excused from any examination or any study or work assignments | ||||||
17 | on that particular day or days or at that particular time of | ||||||
18 | day. It is the responsibility of the teachers and of the school | ||||||
19 | administrative personnel and officials to make available to | ||||||
20 | each youth who is unable to participate because of | ||||||
21 | circumstances related to the youth's status as a parent, | ||||||
22 | expectant parent, or victim of gender-based violence a | ||||||
23 | meaningful opportunity to make up any examination, study, or | ||||||
24 | work requirement that the youth has missed because of the | ||||||
25 | inability to participate on any particular day or days or at | ||||||
26 | any particular time of day. Costs assessed by a school district |
| |||||||
| |||||||
1 | on the youth for participation in those activities shall be | ||||||
2 | considered savable fees for any youth whose parent or guardian | ||||||
3 | is unable to afford them, consistent with the provisions of | ||||||
4 | Section 10-20.13. Each school district must adopt written | ||||||
5 | policies and procedures for waiver of those fees in accordance | ||||||
6 | with rules adopted by the State Board of Education. | ||||||
7 | (e) When a school or school district employee or agent | ||||||
8 | becomes aware of or suspects a youth's status as a parent, | ||||||
9 | expectant parent, or victim of gender-based violence, it is the | ||||||
10 | responsibility of the employee or agent of the school or school | ||||||
11 | district to inform the youth of the available services and | ||||||
12 | accommodations at the school and in the community that may | ||||||
13 | assist the youth in maintaining the youth's full educational | ||||||
14 | participation and the youth's successful performance. The | ||||||
15 | school or school district employee or agent must also refer the | ||||||
16 | youth to the school district's gender-based violence and | ||||||
17 | parenting personnel set forth in Section 26A-35. A school | ||||||
18 | district must make respecting a youth's privacy, | ||||||
19 | confidentiality, mental and physical health, and safety a | ||||||
20 | paramount concern. | ||||||
21 | (f) Each school must honor a youth's decision to obtain | ||||||
22 | education and support services, accommodations, and non-school | ||||||
23 | based support services, to terminate the receipt of those | ||||||
24 | education and support services, accommodations, or non-school | ||||||
25 | based support services, or to decline participation in those | ||||||
26 | education and support services, accommodations, and non-school |
| |||||||
| |||||||
1 | based support services. No youth is obligated to use education | ||||||
2 | and support services, accommodations, or non-school based | ||||||
3 | support services. In developing accommodations, adjustments, | ||||||
4 | or educational support services, the privacy, mental and | ||||||
5 | physical health, and safety of the youth shall be the paramount | ||||||
6 | concern. No adverse or prejudicial effects may result to any | ||||||
7 | youth because of the youth's availing of or declining the | ||||||
8 | provisions of this Section. | ||||||
9 | (g) Any support services to youth receiving education and | ||||||
10 | support services must be available in any school or by home or | ||||||
11 | hospital instruction. | ||||||
12 | (h) Individual, peer, group, and family counseling | ||||||
13 | services or psychotherapy must be made available to youth who | ||||||
14 | are parents, expectant parents, or victims of gender-based | ||||||
15 | violence consistent with the provisions of the Mental Health | ||||||
16 | and Developmental Disabilities Code. At least once every school | ||||||
17 | year, each school district must inform in writing all school | ||||||
18 | personnel and all students 12 years of age or older of the | ||||||
19 | availability of counseling without parental or guardian | ||||||
20 | consent under Section 3-5A-105 of the Mental Health and | ||||||
21 | Developmental Disabilities Code. This information must also be | ||||||
22 | provided to students immediately after any school personnel | ||||||
23 | becomes aware that a student is a parent, expectant parent, or | ||||||
24 | victim of gender-based violence. | ||||||
25 | (i) All domestic or sexual violence organizations and its | ||||||
26 | staff and any other non-school organization and its staff shall |
| |||||||
| |||||||
1 | maintain confidentiality pursuant to federal and State laws and | ||||||
2 | their professional ethics policies regardless of when or where | ||||||
3 | information, advice, counseling, or any other interaction with | ||||||
4 | students takes place. A school or school district may not | ||||||
5 | request or require those organizations or individuals to breach | ||||||
6 | confidentiality.
| ||||||
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 | ||||||
10 | provisions relating to gender-based violence in Sections | ||||||
11 | 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a | ||||||
12 | school district may require verification of the claim. | ||||||
13 | Verification may not be required for a youth to be referred to | ||||||
14 | or to receive in-school or out-of-school services. Any one of | ||||||
15 | the following shall be acceptable as a form of verification of | ||||||
16 | a youth's claim of gender-based violence, only one of which may | ||||||
17 | be required by a school district, and the youth or the youth's | ||||||
18 | parent or guardian shall choose which form of documentation to | ||||||
19 | submit 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 |
| |||||||
| |||||||
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 | ||||||
9 | under this subsection must be kept in a temporary file. | ||||||
10 | (b) A youth or a youth's parent or guardian who has | ||||||
11 | provided acceptable verification that the youth is or has been | ||||||
12 | a victim of gender-based violence may not be required to | ||||||
13 | provide any additional verification if the youth's efforts to | ||||||
14 | assert rights under this Code stem from a claim involving the | ||||||
15 | same perpetrator or the same incident of violence. No school or | ||||||
16 | school district shall request or require additional | ||||||
17 | documentation. | ||||||
18 | (c) The person named to be the perpetrator, the | ||||||
19 | perpetrator's family, or any other person named by the youth or | ||||||
20 | named by the youth's parent or guardian to be unsafe to contact | ||||||
21 | may not be contacted to verify the violence. The perpetrator, | ||||||
22 | the perpetrator's family, or any other person named by the | ||||||
23 | youth or the youth's parent or guardian to be unsafe may not be | ||||||
24 | contacted for any other reason without written permission of | ||||||
25 | the youth or written permission of the youth's parent or | ||||||
26 | guardian. Permission of the youth's parent or guardian may not |
| |||||||
| |||||||
1 | be pursued when the youth alleges that his or her health or | ||||||
2 | safety would be threatened if the school or school district | ||||||
3 | contacts the youth's parent or guardian to obtain written | ||||||
4 | permission.
| ||||||
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 | ||||||
8 | Assembly are actionable in civil court. A student who is a | ||||||
9 | parent, expectant parent, or victim of gender-based violence | ||||||
10 | has a cause of action against any school or school district | ||||||
11 | that fails to exercise due diligence in responding to the | ||||||
12 | student who is a parent, expectant parent, or victim of | ||||||
13 | gender-based violence whose status it knew or should have known | ||||||
14 | about. A student is not required to resolve a complaint using | ||||||
15 | the school district's complaint resolution procedure developed | ||||||
16 | under Section 26A-25 before filing an action in civil court. | ||||||
17 | (b) No less than 15 business days before filing an action | ||||||
18 | in civil court, a student or his or her representative must | ||||||
19 | send written notice of the violation of this amendatory Act of | ||||||
20 | the 101st General Assembly to the district superintendent of | ||||||
21 | the school district in which the student is enrolled. | ||||||
22 | (c) A prevailing student shall be entitled to all relief | ||||||
23 | that would make him or her whole. This relief may include, but | ||||||
24 | is not limited to, all of the following: | ||||||
25 | (1) Declaratory relief. |
| |||||||
| |||||||
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 | ||||||
17 | district may take any adverse action against a student who is a | ||||||
18 | parent, expectant parent, or victim of gender-based violence | ||||||
19 | because the student or his or her parent or guardian (i) | ||||||
20 | exercises or attempts to exercise his or her rights under this | ||||||
21 | amendatory Act of the 101st General Assembly, (ii) opposes | ||||||
22 | practices that the student or his or her parent or guardian | ||||||
23 | believes to be in violation of this amendatory Act of the 101st | ||||||
24 | General Assembly, or (iii) supports the exercise of the rights | ||||||
25 | of another under this amendatory Act of the 101st General |
| |||||||
| |||||||
1 | Assembly. Exercising rights under this amendatory Act of the | ||||||
2 | 101st General Assembly includes, but is not limited to, filing | ||||||
3 | an action, instituting or causing to be instituted any | ||||||
4 | proceeding under or related to this amendatory Act of the 101st | ||||||
5 | General Assembly, or in any manner requesting, availing himself | ||||||
6 | or herself of, or declining any of the provisions of this | ||||||
7 | amendatory Act of the 101st General Assembly, including, but | ||||||
8 | not 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, | ||||||
12 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
13 | school shall be organized and operated
as a nonprofit | ||||||
14 | corporation or other discrete, legal, nonprofit entity
| ||||||
15 | authorized under the laws of the State of Illinois.
| ||||||
16 | (b) A charter school may be established under this Article | ||||||
17 | by creating a new
school or by converting an existing public | ||||||
18 | school or attendance center to
charter
school status.
Beginning | ||||||
19 | on April 16, 2003 (the effective date of Public Act 93-3), in | ||||||
20 | all new
applications to establish
a charter
school in a city | ||||||
21 | having a population exceeding 500,000, operation of the
charter
| ||||||
22 | school shall be limited to one campus. The changes made to this | ||||||
23 | Section by Public Act 93-3 do not apply to charter schools | ||||||
24 | existing or approved on or before April 16, 2003 (the
effective | ||||||
25 | date of Public Act 93-3). |
| |||||||
| |||||||
1 | (b-5) In this subsection (b-5), "virtual-schooling" means | ||||||
2 | a cyber school where students engage in online curriculum and | ||||||
3 | instruction via the Internet and electronic communication with | ||||||
4 | their teachers at remote locations and with students | ||||||
5 | participating at different times. | ||||||
6 | From April 1, 2013 through December 31, 2016, there is a | ||||||
7 | moratorium on the establishment of charter schools with | ||||||
8 | virtual-schooling components in school districts other than a | ||||||
9 | school district organized under Article 34 of this Code. This | ||||||
10 | moratorium does not apply to a charter school with | ||||||
11 | virtual-schooling components existing or approved prior to | ||||||
12 | April 1, 2013 or to the renewal of the charter of a charter | ||||||
13 | school with virtual-schooling components already approved | ||||||
14 | prior to April 1, 2013. | ||||||
15 | On or before March 1, 2014, the Commission shall submit to | ||||||
16 | the General Assembly a report on the effect of | ||||||
17 | virtual-schooling, including without limitation the effect on | ||||||
18 | student performance, the costs associated with | ||||||
19 | virtual-schooling, and issues with oversight. The report shall | ||||||
20 | include policy recommendations for virtual-schooling.
| ||||||
21 | (c) A charter school shall be administered and governed by | ||||||
22 | its board of
directors or other governing body
in the manner | ||||||
23 | provided in its charter. The governing body of a charter school
| ||||||
24 | shall be subject to the Freedom of Information Act and the Open | ||||||
25 | Meetings Act.
| ||||||
26 | (d) For purposes of this subsection (d), "non-curricular |
| |||||||
| |||||||
1 | health and safety requirement" means any health and safety | ||||||
2 | requirement created by statute or rule to provide, maintain, | ||||||
3 | preserve, or safeguard safe or healthful conditions for | ||||||
4 | students and school personnel or to eliminate, reduce, or | ||||||
5 | prevent threats to the health and safety of students and school | ||||||
6 | personnel. "Non-curricular health and safety requirement" does | ||||||
7 | not include any course of study or specialized instructional | ||||||
8 | requirement for which the State Board has established goals and | ||||||
9 | learning standards or which is designed primarily to impart | ||||||
10 | knowledge and skills for students to master and apply as an | ||||||
11 | outcome of their education. | ||||||
12 | A charter school shall comply with all non-curricular | ||||||
13 | health and safety
requirements applicable to public schools | ||||||
14 | under the laws of the State of
Illinois. On or before September | ||||||
15 | 1, 2015, the State Board shall promulgate and post on its | ||||||
16 | Internet website a list of non-curricular health and safety | ||||||
17 | requirements that a charter school must meet. The list shall be | ||||||
18 | updated annually no later than September 1. Any charter | ||||||
19 | contract between a charter school and its authorizer must | ||||||
20 | contain a provision that requires the charter school to follow | ||||||
21 | the list of all non-curricular health and safety requirements | ||||||
22 | promulgated by the State Board and any non-curricular health | ||||||
23 | and safety requirements added by the State Board to such list | ||||||
24 | during the term of the charter. Nothing in this subsection (d) | ||||||
25 | precludes an authorizer from including non-curricular health | ||||||
26 | and safety requirements in a charter school contract that are |
| |||||||
| |||||||
1 | not contained in the list promulgated by the State Board, | ||||||
2 | including non-curricular health and safety requirements of the | ||||||
3 | authorizing local school board.
| ||||||
4 | (e) Except as otherwise provided in the School Code, a | ||||||
5 | charter school shall
not charge tuition; provided that a | ||||||
6 | charter school may charge reasonable fees
for textbooks, | ||||||
7 | instructional materials, and student activities.
| ||||||
8 | (f) A charter school shall be responsible for the | ||||||
9 | management and operation
of its fiscal affairs including,
but | ||||||
10 | not limited to, the preparation of its budget. An audit of each | ||||||
11 | charter
school's finances shall be conducted annually by an | ||||||
12 | outside, independent
contractor retained by the charter | ||||||
13 | school. To ensure financial accountability for the use of | ||||||
14 | public funds, on or before December 1 of every year of | ||||||
15 | operation, each charter school shall submit to its authorizer | ||||||
16 | and the State Board a copy of its audit and a copy of the Form | ||||||
17 | 990 the charter school filed that year with the federal | ||||||
18 | Internal Revenue Service. In addition, if deemed necessary for | ||||||
19 | proper financial oversight of the charter school, an authorizer | ||||||
20 | may require quarterly financial statements from each charter | ||||||
21 | school.
| ||||||
22 | (g) A charter school shall comply with all provisions of | ||||||
23 | this Article, the Illinois Educational Labor Relations Act, all | ||||||
24 | federal and State laws and rules applicable to public schools | ||||||
25 | that pertain to special education and the instruction of | ||||||
26 | English learners, and
its charter. A charter
school is exempt |
| |||||||
| |||||||
1 | from all other State laws and regulations in this Code
| ||||||
2 | governing public
schools and local school board policies; | ||||||
3 | however, 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; |
| |||||||
| |||||||
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) | ||||||
8 | is declaratory of existing law. | ||||||
9 | (h) A charter school may negotiate and contract with a | ||||||
10 | school district, the
governing body of a State college or | ||||||
11 | university or public community college, or
any other public or | ||||||
12 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
13 | school building and grounds or any other real property or | ||||||
14 | facilities that
the charter school desires to use or convert | ||||||
15 | for use as a charter school site,
(ii) the operation and | ||||||
16 | maintenance thereof, and
(iii) the provision of any service, | ||||||
17 | activity, or undertaking that the charter
school is required to | ||||||
18 | perform in order to carry out the terms of its charter.
| ||||||
19 | However, a charter school
that is established on
or
after April | ||||||
20 | 16, 2003 (the effective date of Public Act 93-3) and that | ||||||
21 | operates
in a city having a population exceeding
500,000 may | ||||||
22 | not contract with a for-profit entity to
manage or operate the | ||||||
23 | school during the period that commences on April 16, 2003 (the
| ||||||
24 | effective date of Public Act 93-3) and
concludes at the end of | ||||||
25 | the 2004-2005 school year.
Except as provided in subsection (i) | ||||||
26 | of this Section, a school district may
charge a charter school |
| |||||||
| |||||||
1 | reasonable rent for the use of the district's
buildings, | ||||||
2 | grounds, and facilities. Any services for which a charter | ||||||
3 | school
contracts
with a school district shall be provided by | ||||||
4 | the district at cost. Any services
for which a charter school | ||||||
5 | contracts with a local school board or with the
governing body | ||||||
6 | of a State college or university or public community college
| ||||||
7 | shall be provided by the public entity at cost.
| ||||||
8 | (i) In no event shall a charter school that is established | ||||||
9 | by converting an
existing school or attendance center to | ||||||
10 | charter school status be required to
pay rent for space
that is | ||||||
11 | deemed available, as negotiated and provided in the charter | ||||||
12 | agreement,
in school district
facilities. However, all other | ||||||
13 | costs for the operation and maintenance of
school district | ||||||
14 | facilities that are used by the charter school shall be subject
| ||||||
15 | to negotiation between
the charter school and the local school | ||||||
16 | board and shall be set forth in the
charter.
| ||||||
17 | (j) A charter school may limit student enrollment by age or | ||||||
18 | grade level.
| ||||||
19 | (k) If the charter school is approved by the Commission, | ||||||
20 | then the Commission charter school is its own local education | ||||||
21 | agency. | ||||||
22 | (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245, | ||||||
23 | eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16; | ||||||
24 | 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18; | ||||||
25 | 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff. | ||||||
26 | 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863, |
| |||||||
| |||||||
1 | eff. 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 | ||||||
5 | governing the transfer of a student from one attendance center | ||||||
6 | to
another within the
school district upon the request of the | ||||||
7 | student's parent or guardian.
A
student may not transfer to any | ||||||
8 | of the following attendance centers, except by
change in
| ||||||
9 | residence if the policy authorizes enrollment based on | ||||||
10 | residence in an
attendance area
or unless approved by the board | ||||||
11 | on 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 | ||||||
22 | the
transfer of students within the school district from a | ||||||
23 | persistently dangerous
attendance center to another attendance | ||||||
24 | center in that district that is not
deemed to be
persistently | ||||||
25 | dangerous.
In order to be considered a persistently dangerous |
| |||||||
| |||||||
1 | attendance center, the
attendance center must meet all of the | ||||||
2 | following 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
| ||||||
13 | another attendance center within the district if the student is | ||||||
14 | a victim of a
violent
crime as defined in Section 3 of the | ||||||
15 | Rights of Crime Victims and Witnesses Act.
The violent crime | ||||||
16 | must have occurred on school grounds during regular school
| ||||||
17 | hours or during a school-sponsored event.
| ||||||
18 | (d) (Blank).
| ||||||
19 | (e) Notwithstanding any other provision of this Code, a | ||||||
20 | student who is a victim of gender-based violence, as defined in | ||||||
21 | Article 26A, must be permitted to transfer schools immediately | ||||||
22 | and as needed, including to a school in another school | ||||||
23 | district, if the student's continued attendance at a particular | ||||||
24 | attendance center, school facility, or school location poses a | ||||||
25 | risk to the student's mental or physical well-being or safety. | ||||||
26 | A transfer under this subsection within the school district |
| |||||||
| |||||||
1 | must be considered before a transfer into a different school | ||||||
2 | district. The school district the student transfers to must be | ||||||
3 | an adjoining school district, unless there is no attendance | ||||||
4 | center, school facility, or school location in that district in | ||||||
5 | which the student's attendance poses no risk to the student's | ||||||
6 | mental or physical well-being or safety. The school district | ||||||
7 | the student seeks to transfer to may deny a transfer to a | ||||||
8 | particular attendance center if (i) the attendance center | ||||||
9 | exceeds or, as a result of the transfer, would exceed its | ||||||
10 | attendance capacity, (ii) the student does not meet the | ||||||
11 | attendance center's academic criteria for enrollment, or (iii) | ||||||
12 | the transfer would prevent the school district from meeting | ||||||
13 | obligations under State or federal law, a court order, or a | ||||||
14 | consent decree. If no adjoining school district is available | ||||||
15 | for transfer, the student may transfer to another school | ||||||
16 | district, unless there is no attendance center, school | ||||||
17 | facility, or school location in that district in which the | ||||||
18 | student's attendance poses no risk to the student's mental or | ||||||
19 | physical well-being or safety. The school district the student | ||||||
20 | seeks to transfer to may deny a transfer to a particular | ||||||
21 | attendance center if any of the situations described in items | ||||||
22 | (i) through (iii) of this subsection apply. A school district | ||||||
23 | must waive tuition for a student who transfers under this | ||||||
24 | subsection to the school district and is a nonresident. A | ||||||
25 | student who transfers to another school under this subsection | ||||||
26 | due to gender-based violence must have full and immediate |
| |||||||
| |||||||
1 | access to extracurricular activities and any programs or | ||||||
2 | activities offered by or under the auspices of the school to | ||||||
3 | which the student has transferred. The school district may not | ||||||
4 | require a student who is a victim of gender-based violence to | ||||||
5 | transfer to another school or school district. No adverse or | ||||||
6 | prejudicial effects may result to any student who is a victim | ||||||
7 | of gender-based violence because of the student availing | ||||||
8 | himself or herself of or declining the provisions of this | ||||||
9 | subsection. The school district may require a student to verify | ||||||
10 | his or her claim of gender-based violence under Section 26A-45 | ||||||
11 | before approving a transfer to another school under this | ||||||
12 | subsection. | ||||||
13 | (Source: P.A. 100-1046, eff. 8-23-18.)
| ||||||
14 | Section 10. The Illinois School Student Records Act is | ||||||
15 | amended 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 | ||||||
18 | as
a representative by a parent shall have the right to inspect | ||||||
19 | and
copy all school student permanent and temporary records of | ||||||
20 | that
parent's child , except if the child is a parent, expectant | ||||||
21 | parent, or victim of gender-based violence, as defined in | ||||||
22 | Article 26A. All information concerning a student's status and | ||||||
23 | related experiences as a parent, expectant parent, or victim of | ||||||
24 | gender-based violence, including a statement of the student or |
| |||||||
| |||||||
1 | any other documentation, record, or corroborating evidence and | ||||||
2 | the fact that the student has requested or obtained assistance, | ||||||
3 | accommodations, or services related to that status, must be | ||||||
4 | retained by the school in the strictest confidence. The | ||||||
5 | information contained in the student's permanent or temporary | ||||||
6 | record may be disclosed if, prior to disclosing the information | ||||||
7 | about a student's status as a parent, expectant parent, or | ||||||
8 | victim of gender-based violence, the school notifies the | ||||||
9 | student and discusses and addresses any health or safety | ||||||
10 | concerns related to that disclosure. If the student's health or | ||||||
11 | safety concerns are incapable of being satisfied to the | ||||||
12 | student's satisfaction, the information concerning the | ||||||
13 | student's status and related experiences as a parent, expectant | ||||||
14 | parent, or victim of gender-based violence may not be disclosed | ||||||
15 | as part of the student's permanent or temporary record. | ||||||
16 | Enforcement of this exception is as provided in Section 26A-40 . | ||||||
17 | A student shall have the right to inspect and copy
his or her | ||||||
18 | school student permanent record. No person who is prohibited
by | ||||||
19 | an order of protection from inspecting or obtaining school | ||||||
20 | records of a
student pursuant to the Illinois Domestic Violence | ||||||
21 | Act of 1986, as now or
hereafter amended, shall have any right | ||||||
22 | of access to, or inspection of, the
school records of that | ||||||
23 | student. If a school's principal or person with
like | ||||||
24 | responsibilities or his designee has knowledge of such order of
| ||||||
25 | protection, the school shall prohibit access or inspection of | ||||||
26 | the student's
school records by such person.
|
| |||||||
| |||||||
1 | (b) Whenever access to any person is granted pursuant
to | ||||||
2 | paragraph (a) of this Section, at the option of either the | ||||||
3 | parent or the school
a qualified professional, who may be a | ||||||
4 | psychologist, counsellor or
other advisor, and who may be an | ||||||
5 | employee of the school or employed
by the parent, may be | ||||||
6 | present to interpret the information contained
in the student | ||||||
7 | temporary record. If the school requires that a
professional be | ||||||
8 | present, the school shall secure and bear any cost of the
| ||||||
9 | presence of the professional. If the parent so requests, the | ||||||
10 | school
shall secure and bear any cost of the presence of a | ||||||
11 | professional
employed by the school.
| ||||||
12 | (c) A parent's or student's request to inspect and copy | ||||||
13 | records,
or to allow a specifically designated representative | ||||||
14 | to inspect and
copy records, must be granted within a | ||||||
15 | reasonable time, and in no case later
than 10 business days | ||||||
16 | after the date of receipt of such request by the
official | ||||||
17 | records custodian.
| ||||||
18 | (c-5) The time for response under this Section may be | ||||||
19 | extended by the school district by not more than 5 business | ||||||
20 | days from the original due date for any of the following | ||||||
21 | reasons: | ||||||
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; |
| |||||||
| |||||||
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 | ||||||
18 | agree in writing to extend the time for compliance for a period | ||||||
19 | to be determined by the parties. If the requester and the | ||||||
20 | school district agree to extend the period for compliance, a | ||||||
21 | failure by the school district to comply with any previous | ||||||
22 | deadlines shall not be treated as a denial of the request for | ||||||
23 | the records. | ||||||
24 | (d) The school may charge its reasonable costs for the
| ||||||
25 | copying of school student records, not to exceed the amounts | ||||||
26 | fixed
in schedules adopted by the State Board, to any person |
| |||||||
| |||||||
1 | permitted
to copy such records, except that no parent or | ||||||
2 | student shall be
denied a copy of school student records as | ||||||
3 | permitted under this
Section 5 for inability to bear the cost | ||||||
4 | of such copying.
| ||||||
5 | (e) Nothing contained in this Section 5 shall make
| ||||||
6 | available to a parent or student confidential letters and
| ||||||
7 | statements of recommendation furnished in connection with
| ||||||
8 | applications for employment to a post-secondary educational
| ||||||
9 | institution or the receipt of an honor or honorary recognition,
| ||||||
10 | provided such letters and statements are not used for purposes
| ||||||
11 | other 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
| ||||||
18 | impair 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; |
| |||||||
| |||||||
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 | ||||||
8 | employment action, the threat of adverse employment action, or | ||||||
9 | any manner of discrimination
because the employee is acting or | ||||||
10 | has acted to protect communications as privileged or | ||||||
11 | confidential pursuant to applicable provisions of State or | ||||||
12 | federal 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 | ||||||
15 | Section 8.43 as follows:
| ||||||
16 | (30 ILCS 805/8.43 new) | ||||||
17 | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
18 | of this Act, no reimbursement by the State is required for the | ||||||
19 | implementation of any mandate created by this amendatory Act of | ||||||
20 | the 101st General Assembly.
| ||||||
21 | Section 999. Effective date. This Act takes effect July 1, | ||||||
22 | 2020.".
|