HB0015ham001 102ND GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 4/15/2021

10200HB0015ham001 LRB102 02636 CMG 25090 a

AMENDMENT TO HOUSE BILL 15

AMENDMENT NO. ______. Amend House Bill 15 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-20.75 and 34-18.67 as follows:

(105 ILCS 5/10-20.75 new)

Sec. 10-20.75. Parental notification of student discipline.

(a) In this Section, "misconduct" means an incident that involves offensive touching, a physical altercation, or the use of violence.

(b) If a student commits an act or acts of misconduct involving offensive touching, a physical altercation, or the use of violence, the student's school shall provide written notification of that misconduct to the parent or guardian of the student.

(c) If a student makes a written statement to a school employee relating to an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, the school shall provide the written statement to the student's parent or guardian, upon request and in accordance with federal and State laws and rules governing school student records.

(d) If the parent or guardian of a student involved in an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, requests a synopsis of any statement made by the parent's or guardian's child, the school shall provide any existing records responsive to that request, in accordance with federal and State laws and rules governing school student records.

(e) A school shall make reasonable attempts to provide a copy of any disciplinary report resulting from an investigation into a student's act or acts of misconduct to the parent or guardian of the student receiving disciplinary action, including any and all restorative justice measures, within 2 school days after the completion of the report. The disciplinary report shall include all of the following:

(1) A description of the student's act or acts of misconduct that resulted in disciplinary action. The names and any identifying information of any other student or students involved must be redacted from or not included in the report, in accordance with federal and State student privacy laws and rules.

(2) A description of the disciplinary action, if any, imposed on the parent's or guardian's child, including the duration of the disciplinary action.

(3) The school's justification and rationale for the disciplinary action imposed on the parent's or guardian's child, including reference to the applicable student discipline policies, procedures, or guidelines.

(4) A description of the restorative justice measures, if any, used on the parent's or guardian's child.

(105 ILCS 5/34-18.67 new)

Sec. 34-18.67. Parental notification of student discipline.

(a) In this Section, "misconduct" means an incident that involves offensive touching, a physical altercation, or the use of violence.

(b) If a student commits an act or acts of misconduct involving offensive touching, a physical altercation, or the use of violence, the student's school shall provide written notification of that misconduct to the parent or guardian of the student.

(c) If a student makes a written statement to a school employee relating to an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, the school shall provide the written statement to the student's parent or guardian, upon request and in accordance with federal and State laws and rules governing school student records.

(d) If the parent or guardian of a student involved in an act or acts of misconduct, whether the student is engaging in the act or acts or is targeted by the act or acts, requests a synopsis of any statement made by the parent's or guardian's child, the school shall provide any existing records responsive to that request, in accordance with federal and State laws and rules governing school student records.

(e) A school shall make reasonable attempts to provide a copy of any disciplinary report resulting from an investigation into a student's act or acts of misconduct to the parent or guardian of the student receiving disciplinary action, including any and all restorative justice measures, within 2 school days after the completion of the report. The disciplinary report shall include all of the following:

(1) A description of the student's act or acts of misconduct that resulted in disciplinary action. The names and any identifying information of any other student or students involved must be redacted from or not included in the report, in accordance with federal and State student privacy laws and rules.

(2) A description of the disciplinary action, if any, imposed on the parent's or guardian's child, including the duration of the disciplinary action.

(3) The school's justification and rationale for the disciplinary action imposed on the parent's or guardian's child, including reference to the applicable student discipline policies, procedures, or guidelines.

(4) A description of the restorative justice measures, if any, used on the parent's or guardian's child.

Section 99. Effective date. This Act takes effect July 1, 2021.".