Sen. Kimberly A. Lightford

Filed: 3/18/2019

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1 AMENDMENT TO SENATE BILL 449

2 AMENDMENT NO. ______. Amend Senate Bill 449 by replacing

3 everything after the enacting clause with the following:

4 "Section 5. The School Code is amended by changing Sections

5 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and

6 34-18.24 and by adding Article 26A as follows:

7 (105 ILCS 5/10-21.3a)

8 Sec. 10-21.3a. Transfer of students.

9 (a) Each school board shall establish and implement a

10 policy governing the transfer of a student from one attendance

11 center to another within the school district upon the request

12 of the student's parent or guardian. A student may not transfer

13 to any of the following attendance centers, except by change in

14 residence if the policy authorizes enrollment based on

15 residence in an attendance area or unless approved by the board

16 on an individual basis:

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1 (1) An attendance center that exceeds or as a result of

2 the transfer would exceed its attendance capacity.

3 (2) An attendance center for which the board has

4 established academic criteria for enrollment if the

5 student does not meet the criteria.

6 (3) Any attendance center if the transfer would prevent

7 the school district from meeting its obligations under a

8 State or federal law, court order, or consent decree

9 applicable to the school district.

10 (b) Each school board shall establish and implement a

11 policy governing the transfer of students within a school

12 district from a persistently dangerous school to another public

13 school in that district that is not deemed to be persistently

14 dangerous. In order to be considered a persistently dangerous

15 school, the school must meet all of the following criteria for

16 2 consecutive years:

17 (1) Have greater than 3% of the students enrolled in

18 the school expelled for violence-related conduct.

19 (2) Have one or more students expelled for bringing a

20 firearm to school as defined in 18 U.S.C. 921.

21 (3) Have at least 3% of the students enrolled in the

22 school exercise the individual option to transfer schools

23 pursuant to subsection (c) of this Section.

24 (c) A student may transfer from one public school to

25 another public school in that district if the student is a

26 victim of a violent crime as defined in Section 3 of the Rights

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1 of Crime Victims and Witnesses Act. The violent crime must have

2 occurred on school grounds during regular school hours or

3 during a school-sponsored event.

4 (d) (Blank).

5 (e) Notwithstanding any other provision of this Code, a

6 student who is a victim of gender-based violence, as defined in

7 Article 26A, must be permitted to transfer schools immediately

8 and as needed, including to a school in another school

9 district, if the student's continued attendance at a particular

10 attendance center, school facility, or school location poses a

11 risk to the student's mental or physical well-being or safety.

12 A transfer under this subsection within the student's current

13 school district must be considered before a transfer into a

14 different school district. A school district must waive tuition

15 for a student who transfers under this subsection to the school

16 district and is a nonresident. A student who transfers to

17 another school under this subsection due to gender-based

18 violence must have full and immediate access to extracurricular

19 activities and any programs or activities offered by or under

20 the auspices of the school to which the student has

21 transferred. No adverse or prejudicial effects may result to

22 any student who is a victim of gender-based violence because of

23 the student availing himself or herself of or declining the

24 provisions of this subsection.

25 (Source: P.A. 100-1046, eff. 8-23-18.)

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1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

2 Sec. 10-22.6. Suspension or expulsion of pupils; school

3 searches.

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

26 13B of this Code. A pupil must not be denied transfer because

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1 of the expulsion, except in cases in which such transfer is

2 deemed to cause a threat to the safety of students or staff in

3 the alternative program.

4 (b) To suspend or by policy to authorize the superintendent

5 of the district or the principal, assistant principal, or dean

6 of students of any school to suspend pupils guilty of gross

7 disobedience or misconduct, or to suspend pupils guilty of

8 gross disobedience or misconduct on the school bus from riding

9 the school bus, pursuant to subsections (b-15) and (b-20) of

10 this Section, and no action shall lie against them for such

11 suspension. The board may by policy authorize the

12 superintendent of the district or the principal, assistant

13 principal, or dean of students of any school to suspend pupils

14 guilty of such acts for a period not to exceed 10 school days.

15 If a pupil is suspended due to gross disobedience or misconduct

16 on a school bus, the board may suspend the pupil in excess of

17 10 school days for safety reasons.

18 Any suspension shall be reported immediately to the parents

19 or guardian of a pupil along with a full statement of the

20 reasons for such suspension and a notice of their right to a

21 review. The school board must be given a summary of the notice,

22 including the reason for the suspension and the suspension

23 length. Upon request of the parents or guardian, the school

24 board or a hearing officer appointed by it shall review such

25 action of the superintendent or principal, assistant

26 principal, or dean of students. At such review, the parents or

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1 guardian of the pupil may appear and discuss the suspension

2 with the board or its hearing officer. If a hearing officer is

3 appointed by the board, he shall report to the board a written

4 summary of the evidence heard at the meeting. After its hearing

5 or upon receipt of the written report of its hearing officer,

6 the board may take such action as it finds appropriate. If a

7 student is suspended pursuant to this subsection (b), the board

8 shall, in the written suspension decision, detail the specific

9 act of gross disobedience or misconduct resulting in the

10 decision to suspend. The suspension decision shall also include

11 a rationale as to the specific duration of the suspension. A

12 pupil who is suspended in excess of 20 school days may be

13 immediately transferred to an alternative program in the manner

14 provided in Article 13A or 13B of this Code. A pupil must not

15 be denied transfer because of the suspension, except in cases

16 in which such transfer is deemed to cause a threat to the

17 safety of students or staff in the alternative program.

18 (b-5) Among the many possible disciplinary interventions

19 and consequences available to school officials, school

20 exclusions, such as out-of-school suspensions and expulsions,

21 are the most serious. School officials shall limit the number

22 and duration of expulsions and suspensions to the greatest

23 extent practicable, and it is recommended that they use them

24 only for legitimate educational purposes. To ensure that

25 students are not excluded from school unnecessarily, it is

26 recommended that school officials consider forms of

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1 non-exclusionary discipline prior to using out-of-school

2 suspensions or expulsions.

3 (b-10) Unless otherwise required by federal law or this

4 Code, school boards may not institute zero-tolerance policies

5 by which school administrators are required to suspend or expel

6 students for particular behaviors.

7 (b-15) Out-of-school suspensions of 3 days or less may be

8 used only if the student's continuing presence in school would

9 pose a threat to school safety or a disruption to other

10 students' learning opportunities. For purposes of this

11 subsection (b-15), "threat to school safety or a disruption to

12 other students' learning opportunities" shall be determined on

13 a case-by-case basis by the school board or its designee.

14 School officials shall make all reasonable efforts to resolve

15 such threats, address such disruptions, and minimize the length

16 of suspensions to the greatest extent practicable.

17 (b-20) Unless otherwise required by this Code,

18 out-of-school suspensions of longer than 3 days, expulsions,

19 and disciplinary removals to alternative schools may be used

20 only if other appropriate and available behavioral and

21 disciplinary interventions have been exhausted and the

22 student's continuing presence in school would either (i) pose a

23 threat to the safety of other students, staff, or members of

24 the school community or (ii) substantially disrupt, impede, or

25 interfere with the operation of the school. For purposes of

26 this subsection (b-20), "threat to the safety of other

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1 students, staff, or members of the school community" and

2 "substantially disrupt, impede, or interfere with the

3 operation of the school" shall be determined on a case-by-case

4 basis by school officials. For purposes of this subsection

5 (b-20), the determination of whether "appropriate and

6 available behavioral and disciplinary interventions have been

7 exhausted" shall be made by school officials. School officials

8 shall make all reasonable efforts to resolve such threats,

9 address such disruptions, and minimize the length of student

10 exclusions to the greatest extent practicable. Within the

11 suspension decision described in subsection (b) of this Section

12 or the expulsion decision described in subsection (a) of this

13 Section, it shall be documented whether other interventions

14 were attempted or whether it was determined that there were no

15 other appropriate and available interventions.

16 (b-25) Students who are suspended out-of-school for longer

17 than 4 school days shall be provided appropriate and available

18 support services during the period of their suspension. For

19 purposes of this subsection (b-25), "appropriate and available

20 support services" shall be determined by school authorities.

21 Within the suspension decision described in subsection (b) of

22 this Section, it shall be documented whether such services are

23 to be provided or whether it was determined that there are no

24 such appropriate and available services.

25 A school district may refer students who are expelled to

26 appropriate and available support services.

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1 A school district shall create a policy to facilitate the

2 re-engagement of students who are suspended out-of-school,

3 expelled, or returning from an alternative school setting.

4 (b-30) A school district shall create a policy by which

5 suspended pupils, including those pupils suspended from the

6 school bus who do not have alternate transportation to school,

7 shall have the opportunity to make up work for equivalent

8 academic credit. It shall be the responsibility of a pupil's

9 parent or guardian to notify school officials that a pupil

10 suspended from the school bus does not have alternate

11 transportation to school.

12 (b-35) In all suspension or expulsion proceedings, a

13 student may disclose his or her status as a parent, expectant

14 parent, or victim of gender-based violence, as defined in

15 Article 26A, which must be considered as a mitigating factor in

16 determining whether to suspend or expel the student or in

17 deciding the nature or severity of the disciplinary action at

18 any time throughout the proceedings. An advocate or

19 representative of the student's choice must be permitted to

20 represent the student throughout the proceedings and to consult

21 with the school board if there is evidence that the student's

22 status as a parent, expectant parent, or victim of gender-based

23 violence may be a factor in the cause for expulsion or

24 suspension. A student who discloses his or her status as a

25 victim of gender-based violence may not be required to work out

26 the problem directly with the perpetrator or the perpetrator's

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1 advocate or representative, be personally questioned or

2 cross-examined by the perpetrator or the perpetrator's

3 advocate or representative, have any direct contact with the

4 perpetrator or the perpetrator's advocate or representative,

5 or be in the same room as the perpetrator or the perpetrator's

6 advocate or representative during the proceedings. A

7 suspension or expulsion proceeding under this subsection must

8 be conducted independently from any ongoing criminal

9 investigation or proceeding, and a lack of pursuit of criminal

10 investigations or proceedings may not be a factor in school

11 disciplinary decisions.

12 (c) The Department of Human Services shall be invited to

13 send a representative to consult with the board at such meeting

14 whenever there is evidence that mental illness may be the cause

15 for expulsion or suspension.

16 (c-5) School districts shall make reasonable efforts to

17 provide ongoing professional development to teachers,

18 administrators, school board members, school resource

19 officers, and staff on the adverse consequences of school

20 exclusion and justice-system involvement, effective classroom

21 management strategies, culturally responsive discipline, the

22 appropriate and available supportive services for the

23 promotion of student attendance and engagement, and

24 developmentally appropriate disciplinary methods that promote

25 positive and healthy school climates.

26 (d) The board may expel a student for a definite period of

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1 time not to exceed 2 calendar years, as determined on a

2 case-by-case basis. A student who is determined to have brought

3 one of the following objects to school, any school-sponsored

4 activity or event, or any activity or event that bears a

5 reasonable relationship to school shall be expelled for a

6 period of not less than one year:

7 (1) A firearm. For the purposes of this Section,

8 "firearm" means any gun, rifle, shotgun, weapon as defined

9 by Section 921 of Title 18 of the United States Code,

10 firearm as defined in Section 1.1 of the Firearm Owners

11 Identification Card Act, or firearm as defined in Section

12 24-1 of the Criminal Code of 2012. The expulsion period

13 under this subdivision (1) may be modified by the

14 superintendent, and the superintendent's determination may

15 be modified by the board on a case-by-case basis.

16 (2) A knife, brass knuckles or other knuckle weapon

17 regardless of its composition, a billy club, or any other

18 object if used or attempted to be used to cause bodily

19 harm, including "look alikes" of any firearm as defined in

20 subdivision (1) of this subsection (d). The expulsion

21 requirement under this subdivision (2) may be modified by

22 the superintendent, and the superintendent's determination

23 may be modified by the board on a case-by-case basis.

24 Expulsion or suspension shall be construed in a manner

25 consistent with the federal ~~Federal~~ Individuals with

26 Disabilities Education Act. A student who is subject to

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1 suspension or expulsion as provided in this Section may be

2 eligible for a transfer to an alternative school program in

3 accordance with Article 13A of the School Code.

4 (d-5) The board may suspend or by regulation authorize the

5 superintendent of the district or the principal, assistant

6 principal, or dean of students of any school to suspend a

7 student for a period not to exceed 10 school days or may expel

8 a student for a definite period of time not to exceed 2

9 calendar years, as determined on a case-by-case basis, if (i)

10 that student has been determined to have made an explicit

11 threat on an Internet website against a school employee, a

12 student, or any school-related personnel, (ii) the Internet

13 website through which the threat was made is a site that was

14 accessible within the school at the time the threat was made or

15 was available to third parties who worked or studied within the

16 school grounds at the time the threat was made, and (iii) the

17 threat could be reasonably interpreted as threatening to the

18 safety and security of the threatened individual because of his

19 or her duties or employment status or status as a student

20 inside the school.

21 (e) To maintain order and security in the schools, school

22 authorities may inspect and search places and areas such as

23 lockers, desks, parking lots, and other school property and

24 equipment owned or controlled by the school, as well as

25 personal effects left in those places and areas by students,

26 without notice to or the consent of the student, and without a

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1 search warrant. As a matter of public policy, the General

2 Assembly finds that students have no reasonable expectation of

3 privacy in these places and areas or in their personal effects

4 left in these places and areas. School authorities may request

5 the assistance of law enforcement officials for the purpose of

6 conducting inspections and searches of lockers, desks, parking

7 lots, and other school property and equipment owned or

8 controlled by the school for illegal drugs, weapons, or other

9 illegal or dangerous substances or materials, including

10 searches conducted through the use of specially trained dogs.

11 If a search conducted in accordance with this Section produces

12 evidence that the student has violated or is violating either

13 the law, local ordinance, or the school's policies or rules,

14 such evidence may be seized by school authorities, and

15 disciplinary action may be taken. School authorities may also

16 turn over such evidence to law enforcement authorities.

17 (f) Suspension or expulsion may include suspension or

18 expulsion from school and all school activities and a

19 prohibition from being present on school grounds.

20 (g) A school district may adopt a policy providing that if

21 a student is suspended or expelled for any reason from any

22 public or private school in this or any other state, the

23 student must complete the entire term of the suspension or

24 expulsion in an alternative school program under Article 13A of

25 this Code or an alternative learning opportunities program

26 under Article 13B of this Code before being admitted into the

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1 school district if there is no threat to the safety of students

2 or staff in the alternative program. A school district that

3 adopts a policy under this subsection must include a provision

4 allowing for consideration of a student's status as a parent,

5 expectant parent, or victim of gender-based violence, as

6 defined in Article 26A, as a mitigating factor in reviews

7 during the disciplinary period and exempting, on a case-by-case

8 basis, from suspension or expulsion those students whose status

9 as a parent, expectant parent, or victim of gender-based

10 violence is a factor in the behavior that gave rise to the

11 suspension or expulsion.

12 (h) School officials shall not advise or encourage students

13 to drop out voluntarily due to behavioral or academic

14 difficulties.

15 (i) A student may not be issued a monetary fine or fee as a

16 disciplinary consequence, though this shall not preclude

17 requiring a student to provide restitution for lost, stolen, or

18 damaged property.

19 (j) Subsections (a) through (i) and subsection (m) of this

20 Section shall apply to elementary and secondary schools,

21 charter schools, special charter districts, and school

22 districts organized under Article 34 of this Code.

23 (k) The expulsion of children enrolled in programs funded

24 under Section 1C-2 of this Code is subject to the requirements

25 under paragraph (7) of subsection (a) of Section 2-3.71 of this

26 Code.

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1 (l) Beginning with the 2018-2019 school year, an in-school

2 suspension program provided by a school district for any

3 students in kindergarten through grade 12 may focus on

4 promoting non-violent conflict resolution and positive

5 interaction with other students and school personnel. A school

6 district may employ a school social worker or a licensed mental

7 health professional to oversee an in-school suspension program

8 in kindergarten through grade 12.

9 (m) If a student is faced with either (i) suspension from

10 school due to gross disobedience or misconduct or suspension

11 from riding a school bus due to gross disobedience or

12 misconduct on the school bus as provided in this Section or

13 (ii) expulsion due to gross disobedience or misconduct as

14 provided in this Section and if there is a relationship between

15 the behavior that gave rise to the suspension or expulsion

16 proceedings and the student's status as a parent, expectant

17 parent, or victim of gender-based violence, as defined in

18 Article 26A, then the suspension or expulsion requirement may

19 be modified by the district superintendent on a case-by-case

20 basis.

21 (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;

22 100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.

23 8-22-18; revised 10-1-18.)

24 (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)

25 Sec. 10-22.6a. Home instruction; correspondence courses.

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1 (a) To provide by home instruction, correspondence

2 courses,or otherwise courses of instruction fora pupil who is

3 ~~pupils who are~~unable to attend school because of pregnancyor

4 pregnancy-related conditions, the fulfillment of parenting

5 obligations related to the health of the pupil's child, or

6 health and safety concerns arising from gender-based violence,

7 as defined in Article 26A. Such instruction shall be provided

8 to the pupil (1) before the birth of the child when the pupil's

9 physician, physician assistant, or advanced practice nurse has

10 indicated to the district, in writing, that the pupil is

11 medically unable to attend regular classroom instruction; ~~and~~

12 (2) for up to 3 months following the birth of the child or a

13 miscarriage; (3) when the pupil must care for his or her ill

14 child if (i) the child's physician, physician assistant, or

15 advanced practice registered nurse has indicated to the

16 district, in writing, that the child has a serious health

17 condition, (ii) the pupil or the pupil's parent or guardian

18 indicates to the district, in writing, that the pupil is needed

19 to provide care to the child, and (iii) alternative care for

20 the child that is adequate and affordable is unavailable; or

21 (4) when the pupil must treat physical or mental health

22 complications or address safety concerns arising from

23 gender-based violence if the pupil's domestic or sexual

24 violence organization, as defined in Article 26A, or health

25 care provider has indicated to the district, in writing, that

26 the care is needed by the pupil and will cause the pupil's

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1 absence from school for one or more weeks. The instruction

2 course shall be designed to offer educational experiences that

3 are equivalent to those given to pupils at the same grade level

4 in the district and that are designed to enable the pupil to

5 return to the classroom. In this subsection (a), "serious

6 health condition" means an illness, injury, impairment, or

7 physical or mental health condition that involves inpatient

8 care in a hospital, hospice, or residential medical care

9 facility or continuing treatment by a health care 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.)

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1 (105 ILCS 5/13A-11)

2 Sec. 13A-11. Chicago public schools.

3 (a) The Chicago Board of Education may establish

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.)

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1 (105 ILCS 5/22-60)

2 Sec. 22-60. Unfunded mandates prohibited.

3 (a) No public school district or private school is

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

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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

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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

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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 pregnancy-related medical appointment; ~~,~~ observance of a

17 religious holiday; ~~,~~ death in the immediate family; ~~,~~family

18 emergency; ~~,~~ fulfillment of a student's parenting

19 responsibility, including, but not limited to, arranging and

20 providing child care, caring for the student's sick child, or

21 attending medical appointments for the student's child; or

22 addressing circumstances resulting from gender-based violence,

23 as defined in Article 26A, including, but not limited to,

24 experiencing gender-based violence, recovering from physical

25 or psychological injuries, seeking medical attention, seeking

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1 services from a domestic or sexual violence organization, as

2 defined in Article 26A, seeking psychological or other

3 counseling, participating in safety planning, temporarily or

4 permanently relocating, seeking legal assistance or remedies,

5 or taking any other action to increase the safety or health of

6 the student or to protect the student from future gender-based

7 violence and shall include such other situations beyond the

8 control of the student as determined by the board of education

9 in each district~~,~~or such other circumstances which cause

10 reasonable concern to the parent for the mental, emotional, or

11 physical health or safety of the student.

12 "Chronic or habitual truant" shall be defined as a child

13 who is subject to compulsory school attendance and who is

14 absent without valid cause from such attendance for 5% or more

15 of the previous 180 regular attendance days.

16 "Truant minor" is defined as a chronic truant to whom

17 supportive services, including prevention, diagnostic,

18 intervention and remedial services, alternative programs and

19 other school and community resources have been provided and

20 have failed to result in the cessation of chronic truancy, or

21 have been offered and refused.

22 A "dropout" is defined as any child enrolled in grades 9

23 through 12 whose name has been removed from the district

24 enrollment roster for any reason other than the student's

25 death, extended illness, removal for medical non-compliance,

26 expulsion, aging out, graduation, or completion of a program of

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1 studies and who has not transferred to another public or

2 private school and is not known to be home-schooled by his or

3 her parents or guardians or continuing school in another

4 country.

5 "Religion" for the purposes of this Article, includes all

6 aspects of religious observance and practice, as well as

7 belief.

8 (Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;

9 revised 10-4-18.)

10 (105 ILCS 5/Art. 26A heading new)

11 ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT

12 PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE

13 (105 ILCS 5/26A-1 new)

14 Sec. 26A-1. Short title and application. This Article may

15 be referred to as the Ensuring Success in School Law. This

16 Article applies to all school districts and schools governed by

17 this Code, including those under Articles 13, 13A, 13B, 27A,

18 32, 33, and 34.

19 (105 ILCS 5/26A-5 new)

20 Sec. 26A-5. Purpose. The purpose of this Article is to

21 ensure that Illinois schools have policies, procedures, and

22 protocols in place that ensure children and youth who are

23 parents, expectant parents, or victims of gender-based

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1 violence are identified by schools in a manner respectful of

2 their privacy and safety, treated with dignity and regard, and

3 provided the protection, instruction, and related

4 accommodations and services necessary to enable them to meet

5 State educational standards and successfully attain a high

6 school diploma. This Article shall be interpreted liberally to

7 aid in this purpose.

8 (105 ILCS 5/26A-10 new)

9 Sec. 26A-10. Definitions. In this Article:

10 "Consent" includes, at a minimum, a recognition that (i)

11 consent is a freely given agreement to sexual activity or other

12 gender-based violence activity, (ii) a youth's lack of verbal

13 or physical resistance or submission resulting from the use of

14 threat of force does not constitute consent, (iii) a youth's

15 manner of dress does not constitute consent, (iv) a youth's

16 consent to past sexual activity or other gender-based violence

17 activity does not constitute consent to future sexual activity

18 or gender-based violence activity, (v) a youth's consent to

19 engage in sexual activity or other gender-based violence

20 activity does not constitute consent to engage in sexual

21 activity or other gender-based violence activity with another,

22 (vi) a youth can withdraw consent at any time, and (vii) a

23 youth cannot consent to sexual activity or other gender-based

24 violence activity if that youth is unable to understand the

25 nature of the activity or give knowing consent due to

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1 circumstances that include, but are not limited to, all of the

2 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, or an organization

16 seeking to eliminate gender-based violence or to address the

17 consequences of that violence for its victims through

18 legislative advocacy or policy change, public education, or

19 service collaboration.

20 "Domestic violence" means abuse, as defined in Section 103

21 of the Illinois Domestic Violence Act of 1986, by a family or

22 household member, as defined in Section 103 of the Illinois

23 Domestic Violence Act of 1986.

24 "Electronic communication" includes communication via

25 telephone, mobile phone, computer, email, video recorder, fax

26 machine, telex, pager, apps or applications, or any other

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1 electronic communication or cyberstalking as defined in

2 Section 12-7.5 of the Criminal Code of 2012.

3 "Expectant parent" means a youth who is pregnant or a youth

4 who intends to act as a parent and who has not yet received a

5 diploma for completion of a secondary education as defined in

6 Section 22-22.

7 "Gender-based violence" means domestic violence,

8 harassment, sexual assault, sexual violence, or stalking.

9 Gender-based violence may occur through electronic

10 communication. Gender-based violence exists regardless of when

11 or where the violence occurred, whether or not the violence is

12 the subject of a criminal investigation or the perpetrator has

13 been criminally charged or convicted of a crime, whether or not

14 an order of protection or a no-contact order is pending before

15 or has been issued by a court, or whether or not any

16 gender-based violence took place on school grounds, during

17 regular school hours, or during a school-sponsored event. Under

18 federal and State law, children and youth under the age of 18

19 year may not consent to many of the acts or activities that

20 constitute gender-based violence.

21 "Harassment" means any harassment or discrimination on the

22 basis of an individual's actual or perceived sex or gender,

23 including unwelcome sexual advances, requests for sexual

24 favors, other verbal or physical conduct of a sexual nature, or

25 unwelcome conduct, including verbal, nonverbal, or physical

26 conduct that is not sexual in nature, but is related to a

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1 student's status as a parent, expectant parent, or victim of

2 gender-based violence.

3 "Parent", as it relates to a student, means a student who

4 is a custodial or a noncustodial parent taking an active role

5 in the care and supervision of a child and who has not yet

6 received a diploma for completion of a secondary education, as

7 defined in Section 22-22.

8 "Perpetrator" means an individual who commits or is alleged

9 to have committed any act of gender-based violence.

10 "Poor academic performance" means a student who has (i)

11 scored in the 50th percentile or below on a school

12 district-administered standardized test, (ii) received a score

13 on a State assessment that does not meet standards in one or

14 more of the fundamental learning areas under Section 27-1, as

15 applicable for the student's grade level, or (iii) not met

16 grade-level expectations on a school district-designed

17 assessment.

18 "School", for purposes of the provisions of this Article

19 relating to children and youth who are parents, expectant

20 parents, or victims of gender-based violence, includes, but is

21 not limited to, (i) a public or State-operated elementary or

22 secondary school, (ii) a school operated pursuant to an

23 agreement with a public school district, including a

24 cooperative or joint agreement with a governing body or board

25 of control, (iii) a charter school operating in compliance with

26 the Charter Schools Law, (iv) a school operated under Section

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1 13A-3, (v) an alternative school operated by third parties

2 within the City of Chicago under Section 13A-11, (vi) an

3 alternative learning opportunities program operated under

4 Article 13B, (vii) a public school administered by a local

5 public agency or the Department of Human Services operating

6 pursuant to the authority of this Code, and (viii) any schools

7 otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34.

8 "School district", for purposes of the provisions of this

9 Article relating to youth who are parents, expectant parents,

10 or victims of domestic or sexual violence, means any public

11 entity responsible for administering schools, including school

12 districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34,

13 or any other entity responsible for administering public

14 schools, such as cooperatives, joint agreements, charter

15 schools, special charter districts, regional offices of

16 education, local agencies, or the Department of Human Services.

17 "Sexual assault" means any conduct of an adult or minor

18 child proscribed in Article 11 of the Criminal Code of 2012,

19 except for Sections 11-35 and 11-45 of the Criminal Code of

20 2012, or similar provisions of the Criminal Code of 1961,

21 including conduct committed by perpetrators who are strangers

22 to the victim and conduct committed by perpetrators who are

23 known or related by blood or marriage to the victim.

24 "Stalking" means any conduct proscribed in Section 12-7.3,

25 12-7.4, or 12-7.5 of the Criminal Code of 2012, or similar

26 provisions of the Criminal Code of 1961, including stalking

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1 committed by perpetrators who are strangers to the victim and

2 stalking committed by perpetrators who are known or related by

3 blood or marriage to the victim.

4 "Student" or "pupil" means any child or youth enrolled,

5 eligible to enroll, or previously enrolled in a school who has

6 not yet received a diploma for completion of a secondary

7 education, as defined in Section 22-22.

8 "Student at risk of academic failure" means a student who

9 is at risk of failing to meet Illinois Learning Standards or

10 failing to graduate from elementary or high school and who

11 demonstrates a need for educational support or social services

12 beyond those provided by the regular school program.

13 "Victim" means an individual who has been subjected to one

14 or more acts of gender-based violence.

15 "Youth" means a child, pupil, student, or juvenile below

16 the age of 21 years who has not yet completed his or her

17 prescribed course of study or has not received a diploma for

18 completion of a secondary education, as defined in Section

19 22-22. "Youth" includes, but is not limited to, unaccompanied

20 youth not in the physical custody of a parent or guardian.

21 (105 ILCS 5/26A-15 new)

22 Sec. 26A-15. Ensuring Success in School working group.

23 (a) The State Board of Education must create the Ensuring

24 Success in School working group comprised of all of the

25 following members, representative of the geographic, racial,

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1 ethnic, and cultural diversity of this State and appointed by

2 the State Board:

3 (1) Representatives of the State Board.

4 (2) Educators.

5 (3) School social workers.

6 (4) School counselors.

7 (5) Psychologists.

8 (6) Representatives of domestic or sexual violence

9 organizations in this State, including those organizations

10 that provide services to or advocate on behalf of youth who

11 are lesbian, gay, bi-sexual, transgender, or gender

12 nonconforming, or nonprofit, nongovernmental,

13 community-based pregnant or parenting youth organizations.

14 (7) Youth who are parents or expectant parents.

15 (8) Youth who are victims of gender-based violence.

16 (b) The working group must advise the State Board on the

17 implementation, monitoring, and evaluation of this Article by

18 schools and school districts, including, but not limited to,

19 the development of policies, procedures, and protocols to be

20 implemented by schools and school districts.

21 (c) Members of the working group shall serve without

22 compensation, but may be reimbursed for their travel expenses

23 from appropriations to the State Board made available for that

24 purpose and subject to the rules of the appropriate travel

25 control board.

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1 (105 ILCS 5/26A-20 new)

2 Sec. 26A-20. Review and revision of policies and

3 procedures.

4 (a) No later than July 1, 2020, and every 2 years

5 thereafter, each school district must review all existing

6 policies and procedures and must revise any existing policies

7 and procedures that may act as a barrier to the immediate

8 enrollment and re-enrollment, attendance, graduation, and

9 success in school of any youth who is a parent, expectant

10 parent, or victim of gender-based violence or any policies or

11 procedures that may compromise a criminal investigation

12 relating to gender-based violence or may re-victimize the

13 youth. A school district must adopt new policies and

14 procedures, as needed, to implement this Section and to ensure

15 that immediate and effective steps are taken to respond to

16 youth who are parents, expectant parents, or victims of

17 gender-based violence.

18 (b) A school district must confer with persons with

19 expertise in youth who are parents or expectant parents and

20 with persons with expertise in youth who are victims of

21 gender-based violence, including domestic and sexual violence

22 organizations, in (i) the review and revision and the adoption

23 and implementation of new policies and procedures under this

24 Section, including those policies and procedures related to

25 confidentiality, parental involvement, and a youth's

26 health-related or safety-related concerns in connection with

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1 notifying a parent or guardian and (ii) the development and

2 distribution of materials related to those youth, including

3 outreach to youth not in school. A school district must ensure

4 that all materials distributed to youth are age appropriate and

5 culturally responsive and that youth are notified of and

6 understand the school district's policies and procedures,

7 including how and to whom to report any incident of

8 gender-based violence.

9 (c) A school district's policy on the procedures that a

10 youth or his or her parent or guardian may follow if he or she

11 chooses to report an incident of alleged gender-based violence

12 must, at a minimum, include all of the following:

13 (1) The name and contact information for gender-based

14 violence and parenting resource personnel and the Title IX

15 coordinator, school and school district resource officers

16 or security, local law enforcement officials, and a

17 community-based domestic or sexual violence organization.

18 (2) The name, title, and contact information for

19 confidential advisors or other confidential resources and

20 a description of what confidential reporting means.

21 (3) Information regarding the various individuals,

22 departments, or organizations to whom a youth may report an

23 incident of gender-based violence, specifying for each

24 individual or entity (i) the extent of the individual's or

25 entity's reporting obligation to the school or school

26 district's administration, Title IX coordinator, or other

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1 personnel or entity, (ii) the individual's or entity's

2 ability to protect the youth's privacy, and (iii) the

3 extent of the individual's or entity's ability to have

4 confidential communications with the youth or his or her

5 parent or guardian.

6 (4) An option for the youth or his or her parent or

7 guardian to electronically report the incident.

8 (5) An option for the youth or his or her parent or

9 guardian to anonymously report the incident.

10 (6) An option for the youth or his or her parent or

11 guardian to confidentially report the incident.

12 (7) An option for reports by third parties and

13 bystanders.

14 (8) The adoption of a complaint resolution procedure as

15 provided in Section 26A-25.

16 (d) A school district must post its revised policies and

17 procedures on its website, distribute them in written form at

18 the beginning of each school year to each student, and make

19 copies available to each student and his or her parent or

20 guardian for inspection and copying at no cost to the student

21 or parent or guardian at each school within a school district.

22 (105 ILCS 5/26A-25 new)

23 Sec. 26A-25. Complaint resolution procedure. On or before

24 July 1, 2020, each school district must adopt one procedure to

25 resolve complaints of alleged incidents of

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1 student-perpetrated, gender-based violence. These procedures

2 shall comply with the confidentiality provisions of Sections

3 26A-20 and 26A-30. The procedure must include, at a minimum,

4 all of the following:

5 (1) Complainants alleging incidents of

6 student-perpetration of gender-based violence must have

7 the opportunity to request that the complaint resolution

8 procedure begin promptly and proceed in a timely manner.

9 (2) A school district must determine the individuals

10 who will resolve complaints of alleged incidents of

11 student-perpetrated, gender-based violence.

12 (3) All individuals whose duties include resolution of

13 complaints of alleged incidents of student-perpetrated,

14 gender-based violence must receive a minimum of 10 hours of

15 annual training on issues related to gender-based violence

16 and how to conduct the school district's complaint

17 resolution procedure, in addition to the in-service

18 training required under subsection (d) of Section

19 10-22.39.

20 (4) Each school district must have a sufficient number

21 of individuals trained to resolve complaints so that (i) a

22 substitution can occur in the case of a conflict of

23 interest or recusal and (ii) an individual with no prior

24 involvement in the initial determination or finding may

25 hear any appeal brought by a party.

26 (5) An individual resolving a complaint must use a

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1 preponderance of the evidence standard to determine if the

2 alleged incident of student-perpetrated, gender-based

3 violence occurred.

4 (6) The complainant and respondent shall (i) receive

5 notice of the name of the individual with authority to make

6 a finding or impose a sanction in the proceeding before the

7 individual may initiate contact with either party and (ii)

8 have the opportunity to request a substitution if the

9 participation of an individual with authority to make a

10 finding or impose a sanction poses a conflict of interest.

11 (7) Each school district must have a procedure to

12 determine interim protective measures and accommodations

13 available pending the resolution of the complaint.

14 (8) Any proceeding, meeting, or hearing held to resolve

15 complaints of alleged incidents of student perpetrated,

16 gender-based violence must protect the privacy of the

17 participating parties and witnesses.

18 (9) The complainant, regardless of his or her level of

19 involvement in the complaint resolution procedure, and the

20 respondent must have the opportunity to provide or present

21 evidence and witnesses on their behalf during the complaint

22 resolution procedure.

23 (10) The complainant and the respondent may not

24 directly cross-examine one another, but may, at the

25 discretion and direction of the individual resolving the

26 complaint, suggest questions to be posed by the individual

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1 resolving the complaint and respond to the other party.

2 (11) Each party may request and must be allowed to have

3 an advisor of his or her choice accompany him or her to any

4 meeting or proceeding related to the alleged incident of

5 student-perpetrated, gender-based violence if the

6 involvement of the advisor does not result in undue delay

7 of the meeting or proceeding. The advisor must comply with

8 any rules of the school district's complaint resolution

9 procedure regarding the advisor's role. If the advisor

10 violates the rules or engages in behavior or advocacy that

11 harasses, abuses, or intimidates either party, a witness,

12 or an individual resolving the complaint, that advisor may

13 be prohibited from further participation in the meeting or

14 proceeding.

15 (12) If the complaint resolution procedure involves a

16 hearing, the complainant and the respondent may not be

17 compelled to testify in the presence of the other party. If

18 a party invokes this right, the school district must

19 provide a procedure by which each party may, at a minimum,

20 hear the other party's testimony.

21 (13) The complainant and the respondent are entitled to

22 simultaneous, written notification of the results of the

23 complaint resolution procedure, including information

24 regarding appeal rights, within 7 days after a decision or

25 sooner if required by State or federal law.

26 (14) The complainant and the respondent must, at a

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1 minimum, have the right to timely appeal the complaint

2 resolution procedure's findings or imposed sanctions if a

3 party alleges that (i) a procedural error occurred, (ii)

4 new information exists that would substantially change the

5 outcome of the finding, or (iii) the sanction is

6 disproportionate to the violation. An individual reviewing

7 the findings or imposed sanctions may not have previously

8 participated in the complaint resolution procedure and may

9 not have a conflict of interest with either party. The

10 complainant and the respondent must receive the appeal

11 decision, in writing, within 7 days after the conclusion of

12 the review of findings or sanctions or sooner if required

13 by federal or State law.

14 (15) A school district may not disclose the identity of

15 the victim of gender-based violence or the respondent,

16 except as necessary to resolve the complaint or to

17 implement interim protective measures and accommodations

18 or when required by State or federal law.

19 (105 ILCS 5/26A-30 new)

20 Sec. 26A-30. Confidentiality.

21 (a) Each school district must adopt and implement a policy

22 and protocol to ensure that all information concerning a

23 youth's status and related experiences as a parent, expectant

24 parent, or victim of gender-based violence provided to or

25 otherwise obtained by the school district or its employees or

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1 agents pursuant to this Code or otherwise, including a

2 statement of the youth or any other documentation, record, or

3 corroborating evidence or that the youth has requested or

4 obtained assistance, accommodations, or services pursuant to

5 this Code, shall be retained in the strictest confidence by the

6 school district or its employees or agents and may not be

7 disclosed to any other individual, including any other

8 employee, except to the extent that disclosure is (i) requested

9 or consented to in writing by the youth or the youth's parent

10 or guardian if it is safe to obtain written consent from the

11 youth's parent or guardian or (ii) otherwise required by

12 applicable federal or State law, including the Abused and

13 Neglected Child Reporting Act and professional ethics policies

14 that govern school personnel.

15 (b) Prior to disclosing information about a youth's status

16 as a parent, expectant parent, or victim of gender-based

17 violence, a school must notify the youth and discuss and

18 address any safety concerns related to the disclosure,

19 including instances where the youth indicates or the school or

20 school district or its employees or agents are otherwise aware

21 that the youth's health or safety may be at risk if his or her

22 status is disclosed to the youth's parent or guardian, except

23 as otherwise required by applicable federal or State law,

24 including the Abused and Neglected Child Reporting act and

25 professional ethics policies that govern the professional

26 school personnel.

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1 (c) No youth may be required to testify publicly concerning

2 his or her status as a victim of gender-based violence,

3 allegations of gender-based violence, his or her status as a

4 parent or expectant parent, or the youth's efforts to enforce

5 any of his or her rights under provisions in this Code relating

6 to youth who are parents, expectant parents, or victims of

7 gender-based violence.

8 (d) In the case of gender-based violence, a school district

9 may not contact the person named to be the perpetrator, the

10 perpetrator's family, or any other person named by the youth or

11 named by the youth's parent or guardian to be unsafe to contact

12 to verify the violence. A school district may not contact the

13 perpetrator, the perpetrator's family, or any other person

14 named by the youth or the youth's parent or guardian to be

15 unsafe for any other reason without written permission from the

16 youth or his or her parent or guardian. Permission from the

17 youth's parent or guardian may not be pursued if the youth

18 alleges that his or her health or safety would be threatened if

19 the school or school district contacts the youth's parent or

20 guardian to obtain written permission.

21 (e) A school district must take all actions necessary to

22 comply with this Section no later than January 1, 2020.

23 (105 ILCS 5/26A-35 new)

24 Sec. 26A-35. Gender-based violence and parenting resource

25 personnel.

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1 (a) Each school district shall designate or appoint at

2 least one staff person at each school in the district who is

3 employed at least part-time at the school and who is a school

4 social worker, school psychologist, school counselor, school

5 nurse, school teacher, or school administrator trained to

6 address, in a culturally responsive, confidential, and

7 sensitive manner, the needs of youth who are parents, expectant

8 parents, or victims of gender-based violence. The designated or

9 appointed staff person must have all of the following duties:

10 (1) Communicate with and listen to youth who are

11 parents, expectant parents, or victims of gender-based

12 violence.

13 (2) Connect youth described in paragraph (1) to

14 appropriate, in-school services or other agencies,

15 programs, or services as needed.

16 (3) Coordinate and monitor the implementation of the

17 school's and school district's policies, procedures, and

18 protocols in cases involving student allegations of

19 gender-based violence.

20 (4) Coordinate and monitor the implementation of the

21 school's and school district's policies, procedures, and

22 protocols as set forth in provisions of this Code

23 concerning youth who are parents, expectant parents, or

24 victims of gender-based violence.

25 (5) Assist youth described in paragraph (1) in their

26 efforts to exercise and preserve their rights as set forth

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1 in provisions of this Code concerning youth who are

2 parents, expectant parents, or victims of gender-based

3 violence.

4 (6) Assist in providing staff development to establish

5 a positive and sensitive learning environment for youth

6 described in paragraph (1).

7 (b) A member of staff who is designated or appointed under

8 subsection (a) must (i) be trained to understand, provide

9 information and referrals, and address issues pertaining to

10 youth who are parents, expectant parents, or victims of

11 gender-based violence, including the theories and dynamics of

12 domestic and sexual violence, the necessity for

13 confidentiality and the law, policy, procedures, and protocols

14 implementing confidentiality, and the notification to the

15 youth's parent or guardian regarding the youth's status as a

16 parent, expectant parent, or victim of gender-based violence or

17 the enforcement of the youth's rights under this Code if the

18 notice of the youth's status or the involvement of the youth's

19 parent or guardian may put the health or safety of the youth at

20 risk, including the rights of minors to consent to counseling

21 services and psychotherapy under the Mental Health and

22 Developmental Disabilities Code, or (ii) at a minimum, have

23 participated in an in-service training program under

24 subsection (d) of Section 10-22.39 that includes training on

25 the rights of minors to consent to counseling services and

26 psychotherapy under the Mental Health and Developmental

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1 Disabilities Code within 12 months prior to his or her

2 designation or appointment.

3 (c) A school district must designate or appoint and train

4 all gender-based violence and parenting resource personnel,

5 and the personnel must assist in implementing the duties

6 described in this Section no later than April 1, 2020, except

7 in those school districts in which there exists a collective

8 bargaining agreement on the effective date of this amendatory

9 Act of the 101st General Assembly and the implementation of

10 this Section would be a violation of that collective bargaining

11 agreement. If implementation of some activities required under

12 this Section is prevented by an existing collective bargaining

13 agreement, a school district must comply with this Section to

14 the fullest extent allowed by the existing collective

15 bargaining agreement no later than April 1, 2020. In those

16 instances in which a collective bargaining agreement that

17 either fully or partially prevents full implementation of this

18 Section expires after April 1, 2020, a school district must

19 designate or appoint and train all gender-based and parenting

20 resource personnel, who shall implement the duties described in

21 this Section no later than the effective date of the new

22 collective bargaining agreement that immediately succeeds the

23 collective bargaining agreement in effect at the time this

24 Section becomes effective.

25 (105 ILCS 5/26A-40 new)

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1 Sec. 26A-40. Accommodations, adjustments, and services.

2 (a) To facilitate the full participation of youth who are

3 parents, expectant parents, or victims of gender-based

4 violence, each school district must provide those youth with

5 reasonable accommodations and adjustments in school policy and

6 practice, in-school support services, access to non-school

7 based support services, and the ability to make up work missed

8 on account of circumstances related to the youth's status as a

9 parent, expectant parent, or victim of gender-based violence.

10 Victims of gender-based violence must have access to those

11 accommodations, adjustments, and services regardless of when

12 or where the violence for which they are seeking

13 accommodations, adjustments, or services occurred. All

14 accommodations, adjustments, and services must be continued

15 for as long as necessary to maintain the mental and physical

16 well-being and safety of the youth.

17 (b) Reasonable accommodations and adjustments provided

18 under subsection (a) shall include, but are not limited to, (i)

19 the provision of sufficiently private settings to ensure

20 confidentiality and time off from class for meetings with

21 counselors or other service providers, (ii) assisting the youth

22 in creating a student success plan, (iii) transfer of a victim

23 of gender-based violence or the student perpetrator to a

24 different classroom or school, (iv) change of seating

25 assignment, (v) implementation of in-school, school grounds,

26 and bus safety procedures, (vi) honoring court orders,

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1 including orders of protection and no-contact orders, and (vii)

2 any other accommodation that may facilitate the full

3 participation in the regular education program of youth who are

4 parents, expectant parents, or victims of gender-based

5 violence.

6 (c) If a youth who is a parent, expectant parent, or victim

7 of gender-based violence is a student at risk of academic

8 failure or displays poor academic performance, the youth or the

9 youth's parent or guardian may request that the school district

10 provide the youth with or refer the youth to education and

11 support services designed to assist the youth in meeting State

12 learning standards. A school district may either provide

13 education or support services directly or may collaborate with

14 public or private State, local, or community-based

15 organizations or agencies that provide these services. A school

16 district must also assist those youth in accessing the support

17 services of non-school based organizations and agencies where

18 those youth typically receive services in the community.

19 (d) Any youth who is unable, because of circumstances

20 related to the youth's status as a parent, expectant parent, or

21 victim of gender-based violence, to participate in classes on a

22 particular day or days or at a particular time of day must be

23 excused from any examination or any study or work assignments

24 on that particular day or days or at that particular time of

25 day. It is the responsibility of the teachers and of the school

26 administrative personnel and officials to make available to

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1 each youth who is unable to participate because of

2 circumstances related to the youth's status as a parent,

3 expectant parent, or victim of gender-based violence a

4 meaningful opportunity to make up any examination, study, or

5 work requirement that the youth has missed because of the

6 inability to participate on any particular day or days or at

7 any particular time of day. Costs assessed by a school district

8 on the youth for participation in those activities shall be

9 considered savable fees for any youth whose parent or guardian

10 is unable to afford them, consistent with the provisions of

11 Section 10-20.13. Each school district must adopt written

12 policies and procedures for waiver of those fees in accordance

13 with rules adopted by the State Board of Education.

14 (e) When a school or school district employee or agent

15 becomes aware of or suspects a youth's status as a parent,

16 expectant parent, or victim of gender-based violence, it is the

17 responsibility of the employee or agent of the school or school

18 district to inform the youth of the available services and

19 accommodations at the school and in the community that may

20 assist the youth in maintaining the youth's full educational

21 participation and the youth's successful performance. The

22 school or school district employee or agent must also refer the

23 youth to the school district's specially trained personnel as

24 set forth in Section 26A-35. A school district must make

25 respecting a youth's privacy, confidentiality, mental and

26 physical health, and safety a paramount concern.

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1 (f) Each school must honor a youth's decision to obtain

2 education and support services, accommodations, and non-school

3 based support services, to terminate the receipt of those

4 education and support services, accommodations, or non-school

5 based support services, or to decline participation in those

6 education and support services, accommodations, and non-school

7 based support services. No youth is obligated to use education

8 and support services, accommodations, or non-school based

9 support services. In developing accommodations, adjustments,

10 or educational support services, the privacy, mental and

11 physical health, and safety of the youth shall be the paramount

12 concern. No adverse or prejudicial effects may result to any

13 youth because of the youth's availing of or declining the

14 provisions of this Section.

15 (g) Any support services to youth receiving education and

16 support services must be available in any school or by home or

17 hospital instruction.

18 (h) Individual, peer, group, and family counseling

19 services or psychotherapy must be made available to youth who

20 are parents, expectant parents, or victims of gender-based

21 violence consistent with the provisions of the Mental Health

22 and Developmental Disabilities Code. At least once every school

23 year, each school district must inform in writing all school

24 personnel and all students 12 years of age or older of the

25 availability of counseling without parental or guardian

26 consent under Section 3-5A-105 of the Mental Health and

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1 Developmental Disabilities Code. This information must also be

2 provided to students immediately after any school personnel

3 becomes aware that a student is a parent, expectant parent, or

4 victim of gender-based violence.

5 (i) All domestic or sexual violence organizations and its

6 staff and any other non-school organization and its staff shall

7 maintain confidentiality pursuant to federal and State laws and

8 their professional ethics policies regardless of when or where

9 information, advice, counseling, or any other interaction with

10 students takes place. A school or school district may not

11 request or require those organizations or individuals to breach

12 confidentiality.

13 (105 ILCS 5/26A-45 new)

14 Sec. 26A-45. Assertion of rights; verification.

15 (a) For purposes of youth asserting their rights under

16 provisions relating to gender-based violence in Sections

17 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a

18 school district may require verification of the claim.

19 Verification may not be required for a youth to be referred to

20 or to receive in-school or out-of-school services. Any one of

21 the following shall be acceptable as a form of verification of

22 a youth's claim of gender-based violence, only one of which may

23 be required by a school district, and the youth or the youth's

24 parent or guardian shall choose which form of documentation to

25 submit to the school district:

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1 (1) A written statement from the youth or anyone who

2 has knowledge of the circumstances that support the youth's

3 claim. This may be in the form of a complaint.

4 (2) A police report, government agency record, or court

5 record.

6 (3) A statement or other documentation from a domestic

7 or sexual violence organization or any other organization

8 from which the youth sought services or advice.

9 (4) Documentation from a lawyer, clergy person,

10 medical professional, or other professional from whom the

11 youth sought gender-based violence services or advice.

12 (5) Any other evidence, such as physical evidence of

13 violence, that supports the claim.

14 All forms of verification received by a school district

15 under this subsection must be kept in a temporary file.

16 (b) A youth or a youth's parent or guardian who has

17 provided acceptable verification that the youth is or has been

18 a victim of gender-based violence may not be required to

19 provide any additional verification if the youth's efforts to

20 assert rights under this Code stem from a claim involving the

21 same perpetrator or the same incident of violence. No school or

22 school district shall request or require additional

23 documentation.

24 (c) The person named to be the perpetrator, the

25 perpetrator's family, or any other person named by the youth or

26 named by the youth's parent or guardian to be unsafe to contact

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1 may not be contacted to verify the violence. The perpetrator,

2 the perpetrator's family, or any other person named by the

3 youth or the youth's parent or guardian to be unsafe may not be

4 contacted for any other reason without written permission of

5 the youth or written permission of the youth's parent or

6 guardian. Permission of the youth's parent or guardian may not

7 be pursued when the youth alleges that his or her health or

8 safety would be threatened if the school or school district

9 contacts the youth's parent or guardian to obtain written

10 permission.

11 (105 ILCS 5/26A-50 new)

12 Sec. 26A-50. Enforcement of provisions.

13 (a) Violations of this Article are actionable in civil

14 court. A student who is a parent, expectant parent, or victim

15 of gender-based violence has a cause of action against any

16 school or school district that fails to exercise due diligence

17 in responding to the student who is a parent, expectant parent,

18 or victim of gender-based violence whose status it knew or

19 should have known about.

20 (b) A prevailing student shall be entitled to all relief

21 that would make him or her whole. This relief may include, but

22 is not limited to, all of the following:

23 (1) Declaratory relief.

24 (2) Injunctive relief.

25 (3) Recovery of costs and attorney's fees, including,

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1 but not limited to, costs for expert testimony and witness

2 fees.

3 (4) Compensatory damages, including, but not limited

4 to:

5 (A) economic loss, including damage, destruction

6 or loss of use of personal property, and loss of past

7 or future earning capacity; and

8 (B) damages for personal injury, disease, or

9 mental and emotional harm, including medical,

10 rehabilitation, pain and suffering, and physical

11 impairment.

12 (5) Punitive damages.

13 (105 ILCS 5/26A-55 new)

14 Sec. 26A-55. Prohibited practices. No school or school

15 district may take any adverse action against a student who is a

16 parent, expectant parent, or victim of gender-based violence

17 because the student or his or her parent or guardian (i)

18 exercises or attempts to exercise his or her rights under this

19 Article, (ii) opposes practices that the student or his or her

20 parent or guardian believes to be in violation of this Article,

21 or (iii) supports the exercise of the rights of another under

22 this Article. Exercising rights under this Article includes,

23 but is not limited to, filing an action, instituting or causing

24 to be instituted any proceeding under or related to this

25 Article, or in any manner requesting, availing himself or

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1 herself of, or declining any of the provisions of this Article,

2 including, but not limited to, accommodations or services.

3 (105 ILCS 5/27A-5)

4 Sec. 27A-5. Charter school; legal entity; requirements.

5 (a) A charter school shall be a public, nonsectarian,

6 nonreligious, non-home based, and non-profit school. A charter

7 school shall be organized and operated as a nonprofit

8 corporation or other discrete, legal, nonprofit entity

9 authorized under the laws of the State of Illinois.

10 (b) A charter school may be established under this Article

11 by creating a new school or by converting an existing public

12 school or attendance center to charter school status. Beginning

13 on April 16, 2003 (the effective date of Public Act 93-3), in

14 all new applications to establish a charter school in a city

15 having a population exceeding 500,000, operation of the charter

16 school shall be limited to one campus. The changes made to this

17 Section by Public Act 93-3 do not apply to charter schools

18 existing or approved on or before April 16, 2003 (the effective

19 date of Public Act 93-3).

20 (b-5) In this subsection (b-5), "virtual-schooling" means

21 a cyber school where students engage in online curriculum and

22 instruction via the Internet and electronic communication with

23 their teachers at remote locations and with students

24 participating at different times.

25 From April 1, 2013 through December 31, 2016, there is a

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1 moratorium on the establishment of charter schools with

2 virtual-schooling components in school districts other than a

3 school district organized under Article 34 of this Code. This

4 moratorium does not apply to a charter school with

5 virtual-schooling components existing or approved prior to

6 April 1, 2013 or to the renewal of the charter of a charter

7 school with virtual-schooling components already approved

8 prior to April 1, 2013.

9 On or before March 1, 2014, the Commission shall submit to

10 the General Assembly a report on the effect of

11 virtual-schooling, including without limitation the effect on

12 student performance, the costs associated with

13 virtual-schooling, and issues with oversight. The report shall

14 include policy recommendations for virtual-schooling.

15 (c) A charter school shall be administered and governed by

16 its board of directors or other governing body in the manner

17 provided in its charter. The governing body of a charter school

18 shall be subject to the Freedom of Information Act and the Open

19 Meetings Act.

20 (d) For purposes of this subsection (d), "non-curricular

21 health and safety requirement" means any health and safety

22 requirement created by statute or rule to provide, maintain,

23 preserve, or safeguard safe or healthful conditions for

24 students and school personnel or to eliminate, reduce, or

25 prevent threats to the health and safety of students and school

26 personnel. "Non-curricular health and safety requirement" does

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1 not include any course of study or specialized instructional

2 requirement for which the State Board has established goals and

3 learning standards or which is designed primarily to impart

4 knowledge and skills for students to master and apply as an

5 outcome of their education.

6 A charter school shall comply with all non-curricular

7 health and safety requirements applicable to public schools

8 under the laws of the State of Illinois. On or before September

9 1, 2015, the State Board shall promulgate and post on its

10 Internet website a list of non-curricular health and safety

11 requirements that a charter school must meet. The list shall be

12 updated annually no later than September 1. Any charter

13 contract between a charter school and its authorizer must

14 contain a provision that requires the charter school to follow

15 the list of all non-curricular health and safety requirements

16 promulgated by the State Board and any non-curricular health

17 and safety requirements added by the State Board to such list

18 during the term of the charter. Nothing in this subsection (d)

19 precludes an authorizer from including non-curricular health

20 and safety requirements in a charter school contract that are

21 not contained in the list promulgated by the State Board,

22 including non-curricular health and safety requirements of the

23 authorizing local school board.

24 (e) Except as otherwise provided in the School Code, a

25 charter school shall not charge tuition; provided that a

26 charter school may charge reasonable fees for textbooks,

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1 instructional materials, and student activities.

2 (f) A charter school shall be responsible for the

3 management and operation of its fiscal affairs including, but

4 not limited to, the preparation of its budget. An audit of each

5 charter school's finances shall be conducted annually by an

6 outside, independent contractor retained by the charter

7 school. To ensure financial accountability for the use of

8 public funds, on or before December 1 of every year of

9 operation, each charter school shall submit to its authorizer

10 and the State Board a copy of its audit and a copy of the Form

11 990 the charter school filed that year with the federal

12 Internal Revenue Service. In addition, if deemed necessary for

13 proper financial oversight of the charter school, an authorizer

14 may require quarterly financial statements from each charter

15 school.

16 (g) A charter school shall comply with all provisions of

17 this Article, the Illinois Educational Labor Relations Act, all

18 federal and State laws and rules applicable to public schools

19 that pertain to special education and the instruction of

20 English learners, and its charter. A charter school is exempt

21 from all other State laws and regulations in this Code

22 governing public schools and local school board policies;

23 however, a charter school is not exempt from the following:

24 (1) Sections 10-21.9 and 34-18.5 of this Code regarding

25 criminal history records checks and checks of the Statewide

26 Sex Offender Database and Statewide Murderer and Violent

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1 Offender Against Youth Database of applicants for

2 employment;

3 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

4 34-84a of this Code regarding discipline of students;

5 (3) the Local Governmental and Governmental Employees

6 Tort Immunity Act;

7 (4) Section 108.75 of the General Not For Profit

8 Corporation Act of 1986 regarding indemnification of

9 officers, directors, employees, and agents;

10 (5) the Abused and Neglected Child Reporting Act;

11 (5.5) subsection (b) of Section 10-23.12 and

12 subsection (b) of Section 34-18.6 of this Code;

13 (6) the Illinois School Student Records Act;

14 (7) Section 10-17a of this Code regarding school report

15 cards;

16 (8) the P-20 Longitudinal Education Data System Act;

17 (9) Section 27-23.7 of this Code regarding bullying

18 prevention;

19 (10) Section 2-3.162 of this Code regarding student

20 discipline reporting;

21 (11) Sections 22-80 and 27-8.1 of this Code;

22 (12) Sections 10-20.60 and 34-18.53 of this Code;

23 (13) Sections 10-20.63 and 34-18.56 of this Code; ~~and~~

24 (14) Section 26-18 of this Code; ~~and~~

25 (15) Section 22-30 of this Code; and ~~.~~

26 (16) Article 26A.

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1 The change made by Public Act 96-104 to this subsection (g)

2 is declaratory of existing law.

3 (h) A charter school may negotiate and contract with a

4 school district, the governing body of a State college or

5 university or public community college, or any other public or

6 for-profit or nonprofit private entity for: (i) the use of a

7 school building and grounds or any other real property or

8 facilities that the charter school desires to use or convert

9 for use as a charter school site, (ii) the operation and

10 maintenance thereof, and (iii) the provision of any service,

11 activity, or undertaking that the charter school is required to

12 perform in order to carry out the terms of its charter.

13 However, a charter school that is established on or after April

14 16, 2003 (the effective date of Public Act 93-3) and that

15 operates in a city having a population exceeding 500,000 may

16 not contract with a for-profit entity to manage or operate the

17 school during the period that commences on April 16, 2003 (the

18 effective date of Public Act 93-3) and concludes at the end of

19 the 2004-2005 school year. Except as provided in subsection (i)

20 of this Section, a school district may charge a charter school

21 reasonable rent for the use of the district's buildings,

22 grounds, and facilities. Any services for which a charter

23 school contracts with a school district shall be provided by

24 the district at cost. Any services for which a charter school

25 contracts with a local school board or with the governing body

26 of a State college or university or public community college

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1 shall be provided by the public entity at cost.

2 (i) In no event shall a charter school that is established

3 by converting an existing school or attendance center to

4 charter school status be required to pay rent for space that is

5 deemed available, as negotiated and provided in the charter

6 agreement, in school district facilities. However, all other

7 costs for the operation and maintenance of school district

8 facilities that are used by the charter school shall be subject

9 to negotiation between the charter school and the local school

10 board and shall be set forth in the charter.

11 (j) A charter school may limit student enrollment by age or

12 grade level.

13 (k) If the charter school is approved by the Commission,

14 then the Commission charter school is its own local education

15 agency.

16 (Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,

17 eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;

18 99-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;

19 100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.

20 1-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,

21 eff. 8-14-18; revised 10-5-18.)

22 (105 ILCS 5/34-18.24)

23 Sec. 34-18.24. Transfer of students.

24 (a) The board shall establish and implement a policy

25 governing the transfer of a student from one attendance center

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1 to another within the school district upon the request of the

2 student's parent or guardian. A student may not transfer to any

3 of the following attendance centers, except by change in

4 residence if the policy authorizes enrollment based on

5 residence in an attendance area or unless approved by the board

6 on an individual basis:

7 (1) An attendance center that exceeds or as a result of

8 the transfer would exceed its attendance capacity.

9 (2) An attendance center for which the board has

10 established academic criteria for enrollment if the

11 student does not meet the criteria.

12 (3) Any attendance center if the transfer would prevent

13 the school district from meeting its obligations under a

14 State or federal law, court order, or consent decree

15 applicable to the school district.

16 (b) The board shall establish and implement a policy governing

17 the transfer of students within the school district from a

18 persistently dangerous attendance center to another attendance

19 center in that district that is not deemed to be persistently

20 dangerous. In order to be considered a persistently dangerous

21 attendance center, the attendance center must meet all of the

22 following criteria for 2 consecutive years:

23 (1) Have greater than 3% of the students enrolled in

24 the attendance center expelled for violence-related

25 conduct.

26 (2) Have one or more students expelled for bringing a

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1 firearm to school as defined in 18 U.S.C. 921.

2 (3) Have at least 3% of the students enrolled in the

3 attendance center exercise the individual option to

4 transfer attendance centers pursuant to subsection (c) of

5 this Section.

6 (c) A student may transfer from one attendance center to

7 another attendance center within the district if the student is

8 a victim of a violent crime as defined in Section 3 of the

9 Rights of Crime Victims and Witnesses Act. The violent crime

10 must have occurred on school grounds during regular school

11 hours or during a school-sponsored event.

12 (d) (Blank).

13 (e) Notwithstanding any other provision of this Code, a

14 student who is a victim of gender-based violence, as defined in

15 Article 26A, must be permitted to transfer schools immediately

16 and as needed, including to a school in another school

17 district, if the student's continued attendance at a particular

18 attendance center, school facility, or school location poses a

19 risk to the student's mental or physical well-being or safety.

20 A transfer under this subsection within the school district

21 must be considered before a transfer into a different school

22 district. A school district must waive tuition for a student

23 who transfers under this subsection to the school district and

24 is a nonresident. A student who transfers to another school

25 under this subsection due to gender-based violence must have

26 full and immediate access to extracurricular activities and any

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1 programs or activities offered by or under the auspices of the

2 school to which the student has transferred. No adverse or

3 prejudicial effects may result to any student who is a victim

4 of gender-based violence because of the student availing

5 himself or herself of or declining the provisions of this

6 subsection.

7 (Source: P.A. 100-1046, eff. 8-23-18.)

8 Section 10. The Illinois School Student Records Act is

9 amended by changing Section 5 as follows:

10 (105 ILCS 10/5) (from Ch. 122, par. 50-5)

11 Sec. 5. (a) A parent or any person specifically designated

12 as a representative by a parent shall have the right to inspect

13 and copy all school student permanent and temporary records of

14 that parent's child, except if the child is a parent, expectant

15 parent, or victim of gender-based violence, as defined in

16 Article 26A. All information concerning a student's status and

17 related experiences as a parent, expectant parent, or victim of

18 gender-based violence, including a statement of the student or

19 any other documentation, record, or corroborating evidence and

20 the fact that the student has requested or obtained assistance,

21 accommodations, or services related to that status, must be

22 retained by the school in the strictest confidence. The

23 information contained in the student's permanent or temporary

24 record may be disclosed if, prior to disclosing the information

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1 about a student's status as a parent, expectant parent, or

2 victim of gender-based violence, the school notifies the

3 student and discusses and addresses any health or safety

4 concerns related to that disclosure. If the student's health or

5 safety concerns are incapable of being satisfied to the

6 student's satisfaction, the information concerning the

7 student's status and related experiences as a parent, expectant

8 parent, or victim of gender-based violence may not be disclosed

9 as part of the student's permanent or temporary record.

10 Enforcement of this exception is as provided in Section 26A-40.

11 A student shall have the right to inspect and copy his or her

12 school student permanent record. No person who is prohibited by

13 an order of protection from inspecting or obtaining school

14 records of a student pursuant to the Illinois Domestic Violence

15 Act of 1986, as now or hereafter amended, shall have any right

16 of access to, or inspection of, the school records of that

17 student. If a school's principal or person with like

18 responsibilities or his designee has knowledge of such order of

19 protection, the school shall prohibit access or inspection of

20 the student's school records by such person.

21 (b) Whenever access to any person is granted pursuant to

22 paragraph (a) of this Section, at the option of either the

23 parent or the school a qualified professional, who may be a

24 psychologist, counsellor or other advisor, and who may be an

25 employee of the school or employed by the parent, may be

26 present to interpret the information contained in the student

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1 temporary record. If the school requires that a professional be

2 present, the school shall secure and bear any cost of the

3 presence of the professional. If the parent so requests, the

4 school shall secure and bear any cost of the presence of a

5 professional employed by the school.

6 (c) A parent's or student's request to inspect and copy

7 records, or to allow a specifically designated representative

8 to inspect and copy records, must be granted within a

9 reasonable time, and in no case later than 10 business days

10 after the date of receipt of such request by the official

11 records custodian.

12 (c-5) The time for response under this Section may be

13 extended by the school district by not more than 5 business

14 days from the original due date for any of the following

15 reasons:

16 (1) the requested records are stored in whole or in

17 part at other locations than the office having charge of

18 the requested records;

19 (2) the request requires the collection of a

20 substantial number of specified records;

21 (3) the request is couched in categorical terms and

22 requires an extensive search for the records responsive to

23 it;

24 (4) the requested records have not been located in the

25 course of routine search and additional efforts are being

26 made to locate them;

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1 (5) the request for records cannot be complied with by

2 the school district within the time limits prescribed by

3 subsection (c) of this Section without unduly burdening or

4 interfering with the operations of the school district; or

5 (6) there is a need for consultation, which shall be

6 conducted with all practicable speed, with another public

7 body or school district or among 2 or more components of a

8 public body or school district having a substantial

9 interest in the determination or in the subject matter of

10 the request.

11 The person making a request and the school district may

12 agree in writing to extend the time for compliance for a period

13 to be determined by the parties. If the requester and the

14 school district agree to extend the period for compliance, a

15 failure by the school district to comply with any previous

16 deadlines shall not be treated as a denial of the request for

17 the records.

18 (d) The school may charge its reasonable costs for the

19 copying of school student records, not to exceed the amounts

20 fixed in schedules adopted by the State Board, to any person

21 permitted to copy such records, except that no parent or

22 student shall be denied a copy of school student records as

23 permitted under this Section 5 for inability to bear the cost

24 of such copying.

25 (e) Nothing contained in this Section 5 shall make

26 available to a parent or student confidential letters and

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1 statements of recommendation furnished in connection with

2 applications for employment to a post-secondary educational

3 institution or the receipt of an honor or honorary recognition,

4 provided such letters and statements are not used for purposes

5 other than those for which they were specifically intended, and

6 (1) were placed in a school student record prior to

7 January 1, 1975; or

8 (2) the student has waived access thereto after being

9 advised of his right to obtain upon request the names of

10 all such persons making such confidential recommendations.

11 (f) Nothing contained in this Act shall be construed to

12 impair or limit the confidentiality of:

13 (1) Communications otherwise protected by law as

14 privileged or confidential, including but not limited to,

15 information communicated in confidence to a physician,

16 psychologist or other psychotherapist, school social

17 worker, school counselor, school psychologist, or school

18 social worker, school counselor, or school psychologist

19 intern who works under the direct supervision of a school

20 social worker, school counselor, or school psychologist;

21 or

22 (2) Information which is communicated by a student or

23 parent in confidence to school personnel; or

24 (3) Information which is communicated by a student,

25 parent, or guardian to a law enforcement professional

26 working in the school, except as provided by court order.

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1 (g) No school employee shall be subjected to adverse

2 employment action, the threat of adverse employment action, or

3 any manner of discrimination because the employee is acting or

4 has acted to protect communications as privileged or

5 confidential pursuant to applicable provisions of State or

6 federal law or rule or regulation.

7 (Source: P.A. 100-532, eff. 9-22-17.)

8 Section 990. The State Mandates Act is amended by adding

9 Section 8.43 as follows:

10 (30 ILCS 805/8.43 new)

11 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8

12 of this Act, no reimbursement by the State is required for the

13 implementation of any mandate created by this amendatory Act of

14 the 101st General Assembly.

15 Section 999. Effective date. This Act takes effect upon

16 becoming law.".