SB1728 94TH GENERAL ASSEMBLY

LRB094 09408 NHT 42128 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1728

Introduced 2/25/2005, by Sen. Iris Y. Martinez - Kimberly A. Lightford - Jeffrey M. Schoenberg - Martin A. Sandoval - Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

See Index

Amends the School Code. Creates the Ensuring Success in School Law to (1) ensure that youth who are expectant parents, parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma; (2) ensure that key Illinois school-level staff and policymakers understand and are sensitive to the needs and characteristics of such youth; (3) afford protections in a school setting to a population of youth who have historically been stigmatized and discriminated against; and (4) promote best practices in Illinois' schools. Contains provisions concerning a statewide working group and model polices, procedures, and protocols; confidentiality; specially trained school personnel; parental involvement; enrollment and re-enrollment; special attention to youth not in school; school transfer; the right to attend school; absences and attendance; chronic or habitual truants and minors; in-school support services; in-school accommodations; non-school based support services; the responsibility to inform youth of available services and accommodations; a student success plan; missed classes and work; procedural safeguards and an ombudsperson; dispute resolution procedures; educational placement during pendency of proceedings; a notice of rights; review and revision of policies; dropout and graduation rates; and compliance. Makes other changes in the School Code concerning the transfer of students, the suspension and expulsion of pupils, home instruction, alternative schools, truants, and charter schools. Amends the State Mandates Act to require implementation without reimbursement. Provides that the provisions are severable. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 2-3.13a, 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 26-2, 26-2a, 26-3d, 27A-5, and 34-18.24 and by adding Article 13C as follows:

(105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)

Sec. 2-3.13a. School records; transferring students.

(a) The State Board of Education shall establish and implement rules requiring all of the public schools and all private or nonpublic elementary and secondary schools located in this State, whenever any such school has a student who is transferring to any other public elementary or secondary school located in this or in any other state, to forward within 10 days of notice of the student's transfer an unofficial record of that student's grades to the school to which such student is transferring. Each public school at the same time also shall forward to the school to which the student is transferring the remainder of the student's school student records as required by the Illinois School Student Records Act. In addition, if a student is transferring from a public school, whether located in this or any other state, from which the student has been suspended or expelled for knowingly possessing in a school building or on school grounds a weapon as defined in the Gun Free Schools Act (20 U.S.C. 8921 et seq.), for knowingly possessing, selling, or delivering in a school building or on school grounds a controlled substance or cannabis, or for battering a staff member of the school, and if the period of suspension or expulsion has not expired at the time the student attempts to transfer into another public school in the same or any other school district: (i) any school student records required to be transferred shall include the date and duration of the period of suspension or expulsion; and (ii) with the exception of transfers into the Department of Corrections school district, the student shall not be permitted to attend class in the public school into which he or she is transferring until the student has served the entire period of the suspension or expulsion imposed by the school from which the student is transferring, provided that the school board may approve the placement of the student in an alternative school program established under Article 13A of this Code. A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. This policy may allow placement of the student in an alternative school program established under Article 13A of this Code, if available, for the remainder of the suspension or expulsion. Each public school and each private or nonpublic elementary or secondary school in this State shall within 10 days after the student has paid all of his or her outstanding fines and fees and at its own expense forward an official transcript of the scholastic records of each student transferring from that school in strict accordance with the provisions of this Section and the rules established by the State Board of Education as herein provided.

(b) The State Board of Education shall develop a one-page standard form that Illinois school districts are required to provide to any student who is moving out of the school district and that contains the information about whether or not the student is "in good standing" and whether or not his or her medical records are up-to-date and complete. As used in this Section, "in good standing" means that the student is not being disciplined by a suspension or expulsion, but is entitled to attend classes. No school district is required to admit a new student who is transferring from another Illinois school district unless he or she can produce the standard form from the student's previous school district enrollment. No school district is required to admit a new student who is transferring from an out-of-state public school unless the parent or guardian of the student certifies in writing that the student is not currently serving a suspension or expulsion imposed by the school from which the student is transferring.

(c) The State Board of Education shall, by rule, establish a system to provide for the accurate tracking of transfer students. This system shall, at a minimum, require that a student be counted as a dropout in the calculation of a school's or school district's annual student dropout rate unless the school or school district to which the student transferred (known hereafter in this subsection (c) as the transferee school or school district) sends notification to the school or school district from which the student transferred (known hereafter in this subsection (c) as the transferor school or school district) documenting that the student has enrolled in the transferee school or school district. This notification must occur within 150 days after the date the student withdraws from the transferor school or school district or the student shall be counted in the calculation of the transferor school's or school district's annual student dropout rate. This system shall also, at a minimum, require that schools and school districts separately track the transfer rates of students who are expectant parents or parents. The transfer rate for students who are expectant parents or parents shall be reported and made public along with the dropout and graduation rates that are reported pursuant to Section 10-17a of this Code. A request by the transferee school or school district to the transferor school or school district seeking the student's academic transcripts or medical records shall be considered without limitation adequate documentation of enrollment. Each transferor school or school district shall keep documentation of such transfer students for the minimum period provided in the Illinois School Student Records Act. All records indicating the school or school district to which a student transferred are subject to the Illinois School Student Records Act.

(Source: P.A. 92-64, eff. 7-12-01; 93-859, eff. 1-1-05.)

(105 ILCS 5/10-21.3a)

Sec. 10-21.3a. Transfer of students.

(a) Each school board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student's parent or guardian. Any request by a parent or guardian to transfer his or her child from one attendance center to another within the school district pursuant to Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 days after the parent or guardian receives notice of the right to transfer pursuant to that law. A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student's grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6317).

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) Each school board shall establish and implement a policy governing the transfer of students within a school district from a persistently dangerous school to another public school in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous school, the school must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the school expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C. 921.

(3) Have at least 3% of the students enrolled in the school exercise the individual option to transfer schools pursuant to subsection (c) of this Section.

(c) A student may transfer from one public school to another public school in that district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act. The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event. A student who is a victim of domestic or sexual violence, regardless of whether the student's perpetrator has been criminally charged or convicted, and regardless of whether the incident occurred on school grounds during regular school hours or during a school-sponsored event, shall be permitted to transfer schools immediately and as needed, including to another school district, if the student's continued attendance at a particular school facility or location poses a risk to his or her safety.

(d) Transfers made pursuant to subsections (b) and (c) of this Section shall be made in compliance with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)

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

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

(a) To expel pupils guilty of gross disobedience or misconduct, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate.

(b) To suspend or by regulation to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension. The board may by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a review, a copy of which shall be given to the school board. Upon request of the parents or guardian the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate.

(c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.

(c-5) The General Assembly finds that some instances of suspension or expulsion from school due to gross disobedience or misconduct may arise due to a youth's status as an expectant parent, parent, or victim of domestic or sexual violence. An advocate of the pupil's choice must be permitted to consult with the school board whenever there is evidence that the pupil's status as an expectant parent, parent, or victim of domestic or sexual violence may be the cause for expulsion or suspension. This subsection (c-5) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis. A student who is determined to have brought a weapon to school, any school-sponsored activity or event, or any activity or event which bears a reasonable relationship to school shall be expelled for a period of not less than one year, except that the expulsion period may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case by case basis. For the purpose of this Section, the term "weapon" means (1) possession, use, control, or transfer of any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18, United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Act, or use of a weapon as defined in Section 24-1 of the Criminal Code, (2) any other object if used or attempted to be used to cause bodily harm, including but not limited to, knives, brass knuckles, or billy clubs, or (3) "look alikes" of any weapon as defined in this Section. Expulsion or suspension shall be construed in a manner consistent with the Federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code. The provisions of this subsection (d) apply in all school districts, including special charter districts and districts organized under Article 34.

(e) To maintain order and security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has violated or is violating either the law, local ordinance, or the school's policies or rules, such evidence may be seized by school authorities, and disciplinary action may be taken. School authorities may also turn over such evidence to law enforcement authorities. The provisions of this subsection (e) apply in all school districts, including special charter districts and districts organized under Article 34.

(f) Suspension or expulsion may include suspension or expulsion from school and all school activities and a prohibition from being present on school grounds.

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being admitted into the school district. This policy may allow placement of the student in an alternative school program established under Article 13A of this Code, if available, for the remainder of the suspension or expulsion. However, the school district must include a provision that requires that expectant and parenting pupils and victims of domestic or sexual violence receive special consideration in reviews during the disciplinary period. This subsection (g) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(h) If a pupil is faced with either (i) suspension from school due to gross disobedience or misconduct or suspension from riding a school bus due to gross disobedience or misconduct on the school bus as provided in this Section or (ii) expulsion due to gross disobedience or misconduct as provided in this Section and if there is a substantial relationship between the behavior that gives rise to the suspension or expulsion proceedings and the pupil's status as an expectant parent, parent, or victim of domestic or sexual violence, then the suspension or expulsion requirement may be modified by the district superintendent on a case-by-case basis. This paragraph (h) does not apply to situations in which the pupil who faces suspension or expulsion is the primary aggressor in a relationship with a history of domestic or sexual violence. In this subsection (h), "primary aggressor" means the person determined to be the most significant, rather than the first, aggressor. This subsection (h) applies to all school districts, including special charter districts and districts organized under Article 34 of this Code.

(Source: P.A. 92-64, eff. 7-12-01.)

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

Sec. 10-22.6a. To provide by home instruction, correspondence courses or otherwise courses of instruction for pupils who are unable to attend school because of pregnancy and pregnancy-related conditions, the fulfillment of parenting obligations related to the health and safety of the pupil's child, or circumstances related to domestic or sexual violence. Such instruction shall be provided to the pupil (1) before the birth of the child when the pupil's health care provider physician has indicated to the district, in writing, that the pupil is medically unable to attend regular classroom instruction, and (2) for up to 3 months following the birth of the child or a miscarriage, (3) for as long as needed to care for the pupil's ill child when the child's health care provider has indicated to the district, in writing, that the pupil is needed to provide care to the sick child and the pupil or the school is unable to arrange alternative child care, or (4) for as long as needed to treat physical or mental health complications arising from domestic or sexual violence when the pupil's domestic or sexual violence service or health care provider has indicated to the district, in writing, that such care is needed.

The instruction course shall be designed to offer educational experiences that are equivalent to those given to pupils at the same grade level in the district and that are designed to enable the pupil to return to the regular education program classroom. The State Board of Education shall adopt rules to ensure that pupils receiving the instruction obtain services that are equivalent to those received by pupils in the regular education program.

Notwithstanding any other law to the contrary, if a pupil is unable to attend regular classes because of the reasons set forth in this Section and if the pupil has participated in instruction under this Section that is administered by the school district, then the pupil must not be penalized for grading purposes nor be denied course completion, grade level advancement, or graduation solely on the basis of the pupil's absence from the regular education program during the period of this instruction.

School administrators shall inform students of their right to participate in instruction under this Section.

(Source: P.A. 84-1430.)

(105 ILCS 5/13A-11)

Sec. 13A-11. Chicago public schools.

(a) The Chicago Board of Education may establish alternative schools within Chicago and may contract with third parties for services otherwise performed by employees, including those in a bargaining unit, in accordance with Sections 34-8.1, 34-18, and 34-49.

(b) Alternative schools operated by third parties within Chicago shall be exempt from all provisions of the School Code, except provisions concerning:

(1) Student civil rights;

(2) Staff civil rights;

(3) Health and safety;

(4) Performance and financial audits;

(5) The Illinois Goals Assessment Program;

(6) Chicago learning outcomes;

(7) Sections 2-3.25a through 2-3.25j of the School Code;

(8) The Inspector General; and

(9) Section 34-2.4b of the School Code; and .

(10) Article 13C of this Code.

(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)

(105 ILCS 5/Art. 13C heading new)

ARTICLE 13C. ENSURING SUCCESS IN SCHOOL

(105 ILCS 5/13C-1 new)

Sec. 13C-1. Short title. This Article may be cited as the Ensuring Success in School Law.

(105 ILCS 5/13C-5 new)

Sec. 13C-5. Purpose. The General Assembly, mindful that children are our most precious resource, that the demands and needs of adolescence make it a critical stage for educational development in children, and that well-educated youth are a critical component of a skilled and productive workforce, declares that the following are the purposes of this Law:

(1) To ensure that youth who are expectant parents, parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety; treated with dignity and regard; and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma.

(2) To ensure that key Illinois school-level staff and policymakers understand and are sensitive to the needs and characteristics of such youth, while recognizing and honoring the role they will play and the choices they will make in ensuring their own success in school and beyond.

(3) To afford protections in a school setting to a population of youth who have historically been stigmatized and discriminated against.

(4) To promote best practices in Illinois' schools for the fulfillment of the constitutional goal of the "educational development of all persons to the limits of their capacities".

(105 ILCS 5/13C-10 new)

Sec. 13C-10. Legislative findings. The General Assembly finds and declares all of the following:

(1) Youth, due to early pregnancy, childbearing, parenting, or the experience of domestic or sexual violence, experience significant educational losses leading to a lifelong loss of schooling.

(2) Half of teen mothers drop out of school before becoming pregnant and almost 60% of youth with a school-age pregnancy drop out between 8th and 12th grade.

(3) Only 64% of teen mothers complete their high school education or receive a GED.

(4) Those parenting youth who do complete high school are less likely to attend college than their peers without children.

(5) This issue is of particular concern in Illinois where over 10% of Illinois births are to teen mothers and between 2000 and 2002 more than 59,700 Illinois teens gave birth.

(6) More than 60% of young women who become pregnant as youths have been sexually or physically abused at some point in their lives.

(7) Over 60% of forcible rapes occur before the victim is 18 years old.

(8) In 2001, 8.1% of Illinois students reported being a victim of dating violence and 5.6% reported having been sexually assaulted.

(9) Physical and sexual dating violence against adolescent girls is associated with increased risk of substance abuse, unhealthy weight control behaviors, sexual risk behaviors, pregnancy, and suicide.

(10) Violence exposure is significantly and positively associated with attention and behavior problems in school and rates of school drop-out and suspension or expulsion.

(11) Lifelong loss of schooling has a significant impact on one's ability to attain economic success and stability later in life.

(12) Youth who graduate from high school on the average earn $9,245 more per year than high school dropouts.

(13) Youth who drop out of high school are 72% more likely to be unemployed than those who graduate, and they remain unemployed for longer periods than their counterparts with a high school degree.

(105 ILCS 5/13C-15 new)

Sec. 13C-15. Definitions. In this Article:

"At risk of academic failure" means a student who is at risk of failing to meet Illinois learning standards or failing to graduate from elementary or high school and who demonstrates a need for educational support or social services beyond those provided by the regular school program.

"Chronic or habitual truant", "truant minor", and "dropout" have the meanings ascribed to those terms in Section 26-2a of this School Code.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self defense or the defense of another, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Equivalent educational experience" means an educational experience that is designed to promote a youth's continued learning and re-integration into the classroom and regular education program.

"Expectant parent" means a female who is pregnant or a male who voluntarily identifies himself as the parent of an unborn child by seeking services for teen parents and who has not yet graduated from high school with a regular high school diploma.

"Parent" means a person who is a custodial parent or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet graduated from high school with a regular high school diploma.

"Perpetrator" means an individual who commits or is alleged to have committed any act or threat of domestic or sexual violence.

"Poor academic performance" means that a student has (i) scored in the 50th percentile or below on district-administered standardized tests; (ii) received a score on a State assessment that does not meet standards in one or more of the fundamental learning areas under Section 27-1 of this Code, as applicable for the student's grade level; or (iii) not met grade-level expectations on a district-designed assessment.

"Previous school" means the school in which a youth was last enrolled or the school that a youth last attended.

"Previous school district" means the school district in which a youth was last enrolled or the school district that a youth last attended.

"School" means without limitation (i) a public or State-operated elementary or secondary school; (ii) a school operated pursuant to an agreement with a public school district, including a cooperative or joint agreement with a governing body or board of control; (iii) a charter school operating in compliance with the Charter Schools Law; (iv) a school operated under Section 13A-3 of this Code; (v) an alternative school operated by third parties within the City of Chicago under Section 13A-11 of this Code; (vi) an alternative learning opportunities program operated under Section 13B of this Code; or (vii) a public school administered by a local public agency or the Department of Human Services operating pursuant to the authority of this Code.

"School district" means any public entity responsible for administering schools, including districts subject to Article 34 of this Code, and includes other entities responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, and the Department of Human Services.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" or "pupil" means any youth enrolled, eligible to enroll, or previously enrolled in a school.

"Support services" means services that help an enrolled youth by enhancing his or her academic ability or mental and physical health or facilitating access to academic programs and services, such as, but not limited to, child care and transportation. The purpose of support services is to enable an enrolled youth to earn a high school diploma.

"Victim" means an individual who has been subjected to one or more acts or threats of domestic or sexual violence. A school district may require a youth to provide documentation that he or she is or has been a victim of domestic or sexual violence. Any one of the following shall be acceptable proof of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that supports the youth's claim.

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

(3) A statement, or other documentation from a domestic or sexual violence program or rape crisis organization from which the youth sought services or advice.

(4) Documentation from a lawyer, clergy person, medical professional, or other professional from whom the youth sought domestic or sexual violence services or advice.

(5) Other evidence, such as physical evidence of violence.

(6) Any other evidence that supports the claim. The person named to be the perpetrator, the perpetrator's family, or any other person named by the youth or named by the youth's parent or guardian to be unsafe to contact must not be contacted to verify the abuse. The perpetrator, the perpetrator's family, or any other person named by the youth or the youth's parent or guardian to be unsafe must not be contacted for any other reason without written permission of the youth or written permission of the youth's parent or guardian, except when the youth states that his or her health or safety would be threatened if the school or school district contacts the youth's parent or guardian to obtain written permission. A youth who has provided documentation establishing status as a past or current victim of domestic or sexual violence must not be required to submit additional documentation to re-establish status as a past or current victim of domestic or sexual violence.

"Youth", except as otherwise provided in this Law, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from high school with a regular high school diploma. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

(105 ILCS 5/13C-20 new)

Sec. 13C-20. Statewide working group and model policies, procedures, and protocols.

(a) The State Board of Education shall form a statewide working group comprised of representatives of the State Board, educators, school social workers, counselors, psychologists, and representatives of Illinois' nonprofit domestic violence and sexual violence community. This working group shall be charged with developing model policies, procedures, and protocols for the implementation of this Law and that address the issues set forth in subsection (c) of this Section.

(b) School districts shall either adopt and implement the model policies, procedures, and protocols or develop, adopt, and implement their own policies, procedures, and protocols for the implementation of this Law and that address the issues set forth in subsection (c) of this Section. School districts that do not adopt the model policies, procedures, and protocols developed by the statewide working group shall form a local working group comprised of representatives of the school district, educators, school social workers, counselors, psychologists, and representatives of the local nonprofit domestic violence and sexual violence community to develop their own policies, procedures, and protocols, which the school district shall then adopt and implement.

(c) At minimum, the policies, procedures, and protocols developed by either the statewide or local working groups shall address all of the following:

(1) Allegations of domestic or sexual violence in cases involving student victims. The working group shall develop a policy and procedures consistent with the provisions of this Law for addressing allegations of domestic and sexual violence in cases in which the victim is a student. The working group shall develop a separate policy and procedures consistent with the provisions of this Law for addressing allegations of domestic and sexual violence in cases in which the victim is a student and the alleged perpetrator is an employee or agent of the school or school district or another student.

(2) Training. The working group shall establish a procedure and protocol to train designated school personnel as set forth in Section 13C-30 of this Code.

(3) Confidentiality. The working group shall establish a policy and protocol to preserve the confidentiality and privacy of students who disclose their status as an expectant parent, parent, or victim of domestic or sexual violence or who seek assistance, services, or accommodations under this Law, consistent with Section 13C-25 of this Code.

(d) The State Board of Education shall publish the model policies, procedures, and protocols on its Internet website and shall distribute the model policies, procedures, and protocols to all schools and school districts no later than January 1, 2006. Individual school districts shall either adopt and make effective the model policies, procedures, and protocols or develop, adopt, and make effective their own policies, procedures, and protocols no later than July 1, 2006.

(105 ILCS 5/13C-25 new)

Sec. 13C-25. Confidentiality. All information concerning a youth's status as an expectant parent, parent, or victim of domestic or sexual violence provided to the school or school district or its employees and agents pursuant to this Law, including a statement of the youth or any other documentation, record, or corroborating evidence, and the fact that the youth has requested or obtained assistance, accommodations, or services pursuant to this Law shall be retained in the strictest confidence by the school or school district and its employees and agents, except to the extent that disclosure is (i) requested or consented to in writing by the youth, (ii) required under Section 13C-35 of this Code, or (iii) otherwise required by applicable federal or State law.

(105 ILCS 5/13C-30 new)

Sec. 13C-30. Specially trained school personnel.

(a) Each school district shall designate or appoint at least one staff person for every 10,000 high school students who is either a school social worker, psychologist, counselor, or nurse and who is also trained to address in a confidential and sensitive manner the needs of youth who are expectant parents, parents, and victims of domestic or sexual violence. Designated staff shall be responsible for, but not limited to, all of the following activities:

(1) Communicating with and listening to such youth.

(2) Making referrals for such youth.

(3) Providing updated and accurate information to such youth.

(4) Connecting such youth to appropriate agencies, such as the police, hospitals, health and legal clinics, direct service agencies, and other social service agencies, as needed.

(5) Implementing the school district's policy, procedures, or protocols in cases involving student allegations of domestic or sexual violence.

(6) Assisting such youth in their efforts to exercise and preserve their rights set forth in this Law.

(7) Providing staff development to establish a positive and sensitive learning environment.

(b) At minimum, designated or appointed staff shall be trained to understand, provide information and referrals, and address all of the following:

(1) Issues pertaining to youth who are expectant parents or parents, including education and employment rights, responsibilities, and opportunities; public benefits and housing; health care (including adolescent consent and confidentiality rights); child care; child health and development; and family planning.

(2) Issues pertaining to youth who are victims of domestic violence, including theories and dynamics of domestic violence (including a definition of domestic and dating violence); power, control, and cycles of violence; barriers to leaving abusive relationships; aspects of healthy and unhealthy relationships; effects of domestic violence on survivors; perpetrator characteristics and accountability; medical and legal advocacy (including orders of protection, the Illinois Domestic Violence Act of 1986, and the federal Violence Against Women Act of 1988); and crisis intervention, safety planning, and referrals.

(3) Issues pertaining to youth who are victims of sexual violence, including theories and history of sexual violence and oppression; types of sexual violence (including stranger rape, acquaintance and campus rape, child sexual abuse and incest, multiple assailants and gang rape, and same sex rape); medical and legal advocacy with sexual violence victims; and crisis intervention, safety planning, and referrals.

(105 ILCS 5/13C-35 new)

Sec. 13C-35. Parental involvement.

(a) Parental involvement in enforcing the rights of youth who are expectant parents, parents, or victims of domestic or sexual violence is desirable and frequently essential to protecting the interests of such youth.

(b) Schools and school districts shall develop and implement policies and procedures consistent with this Law to enable parents and guardians of youth who are expectant parents, parents, or victims of domestic or sexual violence to be informed of actions taken under this Law and to enforce the rights of youth protected by this Law, subject to the limitations set forth in subsection (e) of this Section.

(c) Schools and school districts shall also develop and implement policies and procedures consistent with this Law to enable youth who are expectant parents, parents, or victims of domestic or sexual violence to be informed of actions taken under this Law and to enforce their own rights where possible.

(d) When a school or school district employee or agent becomes aware of or suspects a youth's status as an expectant parent, parent, or victim of domestic or sexual violence, the youth shall be referred to a school counselor, social worker, or psychologist. The school counselor, social worker, or psychologist shall discuss the all of the following issues with the youth with an aim to assisting the youth in notifying a parent or guardian about the youth's status as an expectant parent, parent, or victim of domestic or sexual violence:

(1) Any of the youth's safety-related concerns in connection with notifying a parent or guardian about his or her status as an expectant parent, parent, or victim of domestic or sexual violence.

(2) The youth's plan for notifying a parent or guardian about his or her status as an expectant parent, parent, or victim of domestic or sexual violence, which may include a session for the youth and his or her parent or guardian mediated by the school counselor, social worker, or psychologist.

(3) The youth's plan for reporting back to the school counselor, social worker, or psychologist about the parent's or guardian's response to the youth's disclosure as well as any new safety concerns.

(e) When the youth has stated that his or her health or safety would be threatened if he or she were to reveal his or her status as an expectant parent, parent, or victim of domestic or sexual violence to a parent or guardian, a school counselor, social worker, or psychologist may not assist that youth in notifying a parent or guardian about the youth's status as an expectant parent, parent, or victim of domestic or sexual violence, nor shall any school or school district employee or official inform a youth's parent or guardian about the youth's status. In such cases, the school counselor, social worker, or psychologist shall refer the youth to a community-based organization that provides services to expectant and parenting youth or to victims of domestic or sexual violence, as appropriate.

(f) This Section does not preclude a school or school district official or employee from disclosing information about a youth who is an expectant parent, parent, or victim of domestic or sexual violence to specified agencies or persons under any of the following circumstances:

(1) When disclosure is required when a caretaker or household member has abused the youth and reporting to the Department of Children and Family Services is required under the Abused and Neglected Child Reporting Act.

(2) When a parent or a parent's designated representative who is not barred by an order of protection, civil no contact order, or otherwise barred from accessing the youth's school records seeks access to such records under the Illinois School Student Records Act, and the school records contain information about the youth's status as an expectant parent, parent, or victim of domestic or sexual violence.

(3) When disclosure is allowed only by a school counselor, social worker, or psychologist when a communication with the youth reveals the intended commission of a crime or harmful act and such disclosure is judged necessary to protect any person from a clear, imminent risk of serious mental or physical harm or injury or to forestall a serious threat to the public safety.

(105 ILCS 5/13C-40 new)

Sec. 13C-40. Immediate enrollment and re-enrollment.

(a) School districts must immediately enroll or re-enroll in school a youth below the age of 21 years who is an expectant parent, parent, or victim of domestic or sexual violence even if the youth is unable to produce records normally required for enrollment, such as previous academic records, medical records, proof of immunization, proof of residency, or other documentation, but only if the youth can attend classes during the normal school year and graduate before his or her twenty-first birthday as required by Section 26-2 of this Code. The enrolling school shall immediately contact the school last attended by the youth to obtain relevant academic and other records.

(b) If the youth needs to obtain immunizations, health examinations, or immunization or medical records, the enrolling school shall assist the youth in obtaining necessary immunizations, health examinations, or immunization or medical records.

(c) Youth who are expectant parents, parents, or victims of domestic or sexual violence who were previously enrolled in a special education program and who seek to re-enroll in school must be immediately re-enrolled into the type of school listed on their most recent individualized education program (IEP), even if the IEP is no longer valid.

(d) No youth may be denied enrollment or reenrollment for absences or tardiness accrued due to circumstances related to the youth's pregnancy and related conditions or the fulfillment of the youth's parenting obligations. Such absences include, but are not limited to, missed school (i) for pregnancy-related conditions and medical appointments, (ii) to care for a sick child, (iii) to attend medical appointments and well-baby visits for the youth's child, (iv) due to child care related problems, and (v) due to homelessness caused by the youth's status as an expectant parent or parent.

(e) No youth may be denied enrollment or reenrollment under this Section for absences or tardiness accrued due to circumstances related to the youth's status as a victim of domestic or sexual violence. Such absences include, but are not limited to, missed school (i) to attend court dates and medical appointments, (ii) to obtain legal consultation, (iii) to receive counseling services, (iv) to recover from physical or mental health complications arising from domestic or sexual violence, and (v) due to homelessness caused by the youth's status as a victim of domestic or sexual violence.

(105 ILCS 5/13C-45 new)

Sec. 13C-45. Special attention to youth not in school.

(a) Special attention must be given to ensuring the enrollment and attendance of youth who are expectant parents, parents, or the victims of domestic or sexual violence and who are not currently attending school. If a school or school district is aware or suspects that a former student is an expectant parent, parent, or victim of domestic or sexual violence and the former student is not currently attending school, school district personnel shall attempt to contact the former student, advise the former student of his or her right to re-enrollment, and work to remove barriers to enrollment, attendance, and success.

(b) Coordination and outreach efforts must be conducted to ensure the enrollment and attendance of such youth in school. Schools and school districts shall coordinate with and conduct outreach to organizations and agencies where youth who are expectant parents, parents, or victims of domestic or sexual violence typically receive services in the community, including, but not limited to, public and private State, local, and community-based organizations and agencies serving youth who are expectant parents, parents, or victims of domestic or sexual violence, legal services providers, housing and shelter providers, health care providers, and hospitals. Schools and school districts shall utilize existing truancy resources or other resources to facilitate enrollment and attendance of youth and to provide services to youth who are expectant parents, parents, or victims of domestic or sexual violence who are not currently attending school.

(105 ILCS 5/13C-50 new)

Sec. 13C-50. School transfer.

(a) While school stability and continuous instruction are important to educational success, a school transfer may be necessary (i) to accommodate safety concerns arising out of domestic or sexual violence, (ii) to accommodate parenting youths' child care needs; and (iii) in accordance with the federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001 or the Education for Homeless Children Act, as needed when a youth becomes homeless because of status as an expectant parent or parent or as a result of domestic or sexual violence. For some youth, transferring schools may impede recovery from domestic or sexual violence or inhibit school success. Eligible youth may choose to transfer schools but shall not be required to do so.

(b) Transfers shall be considered an option when the costs and hardships imposed by such transfers on the schools and school districts involved in the transfer are outweighed by the risk of harm or burden faced by the youth if he or she remains in his or her previous school. No school district is required to accommodate a transfer request to a school that is more than 60 miles from the previous school, unless the closest school to which a youth may transfer is farther than 60 miles.

(c) When possible, transferring youth shall be afforded accommodations to ensure school completion and enjoyment of the youth's prior academic standing, such as extra time to complete missed course work, assignments, and tests.

(d) School transfers shall be permitted for any of the following reasons:

(1) Safety as set forth in Sections 10-21.3a and 34-18.24 of this Code.

(2) Child care. A parenting student in need of child care must be permitted to transfer to another school in the same district as the previous school if such transfer facilitates a parenting student's drop-off and pick-up of that student's child from child care, nursery school, pre-school, or a parenting program or otherwise facilitates a parenting student's ability to continue to attend school while fulfilling parenting responsibilities. Transfer for child care-related reasons shall be permitted if:

(A) the student's travel time from home to child care and then directly to the student's school exceeds 60 minutes;

(B) the student states that there is no safe, appropriate, available, or affordable child care alternative that would reduce travel time; and

(C) the student provides a letter from his or her child's child care provider stating that the child is receiving or has been accepted to receive child care services.

(3) Homelessness. A student who becomes homeless as a result of domestic or sexual violence or because of a student's status as a parent or expectant parent shall be entitled to choice of schools, immediate enrollment, transportation, and other rights as set forth in the Education for Homeless Children Act and federal McKinney-Vento Homeless Education Assistance Improvements Act of 2001.

(105 ILCS 5/13C-55 new)

Sec. 13C-55. Right to attend school. Youth who are expectant parents, parents, or victims of domestic or sexual violence have the right to attend school and receive the same or equivalent educational instruction as other youth in accordance with the goal of the Constitution of the State of Illinois to promote "the educational development of all persons to the limits of their capacities". No such youth shall be deprived of or denied the opportunity to participate in or complete an elementary and secondary public school education.

(105 ILCS 5/13C-60 new)

Sec. 13C-60. Absences and attendance. While school attendance is important for the successful and meaningful completion of school, in some circumstances youth who are expectant parents, parents, or victims of domestic or sexual violence may be required to miss school. Youth who are expectant parents, parents, or victims of domestic or sexual violence shall be exempt from minimum attendance requirements for absences related to expectant parenting, parenting, or domestic or sexual violence, but, with the assistance of school officials and designed to ensure the youth's success, shall make up work missed due to absence within a reasonable time as set forth in Section 13C-100 of this Code.

(105 ILCS 5/13C-65 new)

Sec. 13C-65. Chronic or habitual truants and minors. Regardless of any other provision in this Code, youth who are expectant parents, parents, or victims of domestic or sexual violence must not be considered a chronic or habitual truant or truant minor because of one or more absences caused by the youth's status as an expectant parent, parent, or victim of domestic or sexual violence. Such absences include, but are not limited to, absences due to the youth's illness or the illness of the youth's child; attendance at the youth's pregnancy-related medical appointments; fulfillment of the youth's parenting responsibilities; or receipt of services for domestic or sexual violence, including counseling, health services, and legal advocacy. Parenting responsibilities include, but are not limited to, arranging for childcare, caring for the youth's sick child, and attending medical appointments for the youth's child or children. Such youth are eligible (i) to participate in or receive supportive services and available resources designed to address absenteeism and truancy as established by school districts and the State Board of Education pursuant to Section 26-13 of this Code, (ii) to participate in truancy programs for dropouts pursuant to Section 26-14 of this Code, and (iii) to participate in truants' alternative and optional education programs pursuant to Section 2-3.66 of this Code.

(105 ILCS 5/13C-70 new)

Sec. 13C-70. In-school support services.

(a) If a youth who is a parent, expectant parent, or victim of domestic or sexual violence is at risk of academic failure or displays poor academic performance, the school district shall provide the youth with the education and support services needed to meet Illinois learning standards and to complete his or her education in a safe, secure and encouraging learning environment. Such services shall be designed and integrated in order to assist the youth in improving his or her academic performance.

(b) Such services shall include, but not be limited to case management services; mentoring; safety accommodations; individualized psychological and other mental health services; individual, peer, group, and family counseling; individualized and flexible instruction and scheduling; alternative learning environments and strategies, including home-based learning and independent study; home and hospital instruction; career, family, and child development classes; and, any other social, health, or supplemental service.

(c) School districts may meet their obligation to provide in-school support services by providing such services directly or by collaborating with public or private state, local, or community-based organizations or agencies that provide such services.

(d) Schools shall honor a youth's decision to obtain the in-school support services, to terminate the receipt of such services, or to decline participation in such services. No youth is obligated to use the school-based services.

(e) The in-school support services must be available to youth receiving education and support services in any school or by home or hospital instruction.

(f) Individual, peer, group, and family counseling services or psychotherapy shall be available consistent with the provisions of the Mental Health and Developmental Disabilities Code.

(105 ILCS 5/13C-75 new)

Sec. 13C-75. In-school accommodations.

(a) School districts shall make reasonable accommodations and adjustments in school policy and practice to facilitate the full participation of youth who are expectant parents, parents, or victims of domestic or sexual violence in the interest of providing equal access to educational programs and services and of ensuring the youth's safety, attendance, and academic progress. In developing accommodations or adjustments, the privacy and safety of the youth shall be the paramount concern.

(b) Reasonable accommodations and adjustments, implemented on a case by case basis, shall include, but not be limited to special hall passes for frequent bathroom use; trash receptacles for illness; elevator access when necessary and possible; drinks and snacks in class; additional time for class changes and getting lunch; exceptions to or leniency in school uniform and dress code policies; change of physical desk size; special consideration during gym, physical education, or other classes that may require strenuous physical exertion; sufficiently private settings and time off for meetings with counselors or other service providers; transfer of the youth or the student perpetrator to a different classroom; change of seating assignment; implementation of an in-school safety procedure; honoring any orders of protection or no contact orders; and any other accommodation that may facilitate the youth's participation.

(c) Schools shall honor a youth's decision to obtain the in-school accommodations, to terminate the receipt of such accommodations, or to decline participation in such accommodations. No youth is obligated to use the accommodations.

(105 ILCS 5/13C-80 new)

Sec. 13C-80. Non-school based support services.

(a) School districts shall assist youth who are expectant parents, parents, or victims of domestic or sexual violence in accessing the support services of non-school based organizations and agencies where such youth typically receive services in the community, including, but not limited, to public and private state, local, and community-based organizations and agencies serving youth who are expectant parents, parents, or the victims of domestic or sexual violence, legal services providers, housing and shelter providers, health care providers, hospitals, and child care providers, or child care referral organizations.

(b) Schools shall honor a youth's decision to obtain the non-school based support services, to terminate the receipt of such services, or to decline participation in such services. No youth is obligated to use the non-school based support services.

(105 ILCS 5/13C-85 new)

Sec. 13C-85. Responsibility to inform youth of available services and accommodations. When a school or school district employee or agent becomes aware of or suspects a youth's status as an expectant parent, parent, or victim of domestic or sexual violence, it is the responsibility of the employee or agent of the school or school district to inform the youth of the available services and accommodations at school and in the community that may assist the youth in maintaining his or her full educational participation and his or her successful performance. The school or school district employee or agent shall also refer the youth to the school district's specially trained personnel as set forth in Section 13C-30 of this Code, and to a school counselor, social worker, or psychologist. Respecting youth privacy, confidentiality, and safety shall be the paramount concern.

(105 ILCS 5/13C-95 new)

Sec. 13C-95. Student success plan. School officials shall assist each youth who is an expectant parent, parent, or victim of domestic or sexual violence to develop a student success plan based on an assessment of the youth's educational and social functioning and skills. The student success plan shall establish goals and objectives for satisfactory performance with the assistance of support services and shall specify how the school will assist the youth in making up missed work. A youth's failure to comply with components of the student success plan that create non-academic responsibilities and obligations must not be the basis for any subsequent disciplinary action against the youth or punitive academic measures against the youth.

(105 ILCS 5/13C-100 new)

Sec. 13C-100. Missed classes and work.

(a) It is the responsibility of the teachers and of school administrative personnel and officials to provide for the integration of youth who are expectant parents, parents, or victims of domestic or sexual violence into the regular education program as much as possible. Any youth who is unable, because of circumstances related to the youth's pregnancy and related conditions or the youth's status as an expectant parent, parent, or victim of domestic or sexual violence, to participate in classes on a particular day or days or at a particular time of day must be excused from any examination or any study or work assignments on such particular day or days or at such particular time of day.

(b) It is the responsibility of the teachers and of the school administrative personnel and officials to make available to each youth who is unable to participate because of circumstances related to the youth's status as an expectant parent, parent, or victim of domestic or sexual violence a meaningful opportunity to make up any examination, study, or work requirements that he or she has missed because of such inability to participate on any particular day or days or at any particular time of day.

(c) Youth may be required to make up missed work by participating in any of the following activities:

(1) Instruction before and after school.

(2) Evening and weekend classes.

(3) Summer courses or extended-year programs.

(4) Home or hospital instruction.

(5) Community college credit towards graduation.

(6) Internet or other correspondence courses.

(7) Tutoring.

(8) Independent study or home-based learning.

(9) Individual completion of lesson plans.

(10) Other alternative learning programs.

Costs assessed by a school district on youth for participation in such activities shall be considered waivable fees for any youth whose parents or guardians are unable to afford them, consistent with the provisions of Section 10-20.13 of this Code. School districts shall adopt written policies and procedures for waiver of such fees in accordance with rules adopted by the State Board of Education.

(d) No adverse or prejudicial effects may result to any youth because of his or her availing himself or herself of the provisions of this Section.

(105 ILCS 5/13C-105 new)

Sec. 13C-105. Procedural safeguards; ombudsperson.

(a) The State Board of Education, all school districts, and all schools shall establish and maintain rules and procedures in accordance with this Section to ensure that youth who are expectant parents, parents, or victims of domestic or sexual violence and their parents, guardians, attorneys and advocates possess procedural safeguards in order to enforce the rights enumerated in this Law. The involvement of parents and guardians in enforcing the rights of youth in their custody or care who are expectant parents, parents, or victims of domestic or sexual violence shall be subject to the limitations set forth in Section 13C-35 of this Code. Procedures required shall include all of the following:

(1) Procedures to allow:

(A) parents and guardians to protect the rights of youth who are expectant parents, parents, or victims of domestic or sexual violence in their custody under this Law;

(B) youth age 17 years or older who are expectant parents, parents, or victims of domestic or sexual violence to protect their own rights under this Law;

(C) youth age 12 years or older and under the age of 17 years who are expectant parents, parents, or victims of domestic or sexual violence to protect their own rights where (i) the youth has demonstrated that his or her health or safety would be threatened if the youth were to reveal his or her status as an expectant parent, parent, or a victim of domestic or sexual violence to any parent or guardian or (ii) where the parent or guardian of the youth is aware of the youth's status as an expectant parent, parent, or a victim of domestic or sexual violence, but will not cooperate with the youth to protect the youth's rights under this Law;

(D) unaccompanied youth who are expectant parents, parents, or victims of domestic or sexual violence to protect their own rights under this Law; and

(E) attorneys or advocates working with youth who are expectant parents, parents, or victims of domestic or sexual violence to protect the rights of such youth under this Law.

(2) An opportunity for parents, guardians, youth, attorneys, and advocates to review all records relating to youth who are expectant parents, parents, or victims of domestic or sexual violence and to participate in meetings, appeals, and court proceedings to protect the youth's rights under this Law, subject to the limitations set forth in Section 13C-35 of this Code.

(3) Procedures to ensure that all notices and written communications are available in the native language of the youth or his or her parent or guardian if he or she is not proficient in English.

(4) Procedures to ensure that a qualified and impartial interpreter is available for all proceedings.

(5) Procedures creating an opportunity to present complaints to an ombudsperson with respect to any matter relating to the enforcement of the rights of youth who are expectant parents, parents, or victims of domestic or sexual violence enumerated in this Law.

(b) Each regional superintendent of schools shall act as an ombudsperson to resolve disputes relating to the rights of youth who are expectant parents, parents, or victims of domestic or sexual violence under this Law.

(105 ILCS 5/13C-110 new)

Sec. 13C-110. Dispute resolution procedures.

(a) If a dispute arises under this Law, all of the following procedures must be followed:

(1) Youth who are expectant parents, parents, or victims of domestic or sexual violence and their parents or guardians shall be provided with prior written notice at any time that the school or school district plans to take adverse action, such as disenrollment, suspension, expulsion, or termination of services, against such youth. The content of the prior written notice shall include all of the following:

(A) A description of the action proposed by the school or school district and the reasons for such action.

(B) A statement of rights under this Law and the procedural safeguards available to enforce these rights.

(C) Referrals for sources of low cost or free legal assistance and other advocacy services in the community.

(2) Within 10 days after school or school district notification of a dispute, parties to the dispute shall be referred by the school or school district to an ombudsperson for resolution of the dispute.

(3) Within 5 days after notification of a dispute, the ombudsperson shall convene a meeting to resolve the dispute where all parties to the dispute shall be present. The ombudsperson shall issue a written decision within 10 days of the meeting.

(4) All parties to the dispute shall be able to appeal any decision by the ombudsperson to the State Board of Education within 30 days after the decision by the ombudsperson. The State Board of Education shall conduct an impartial review of the decision within 10 days of a request for such review. The officer conducting such review shall make an independent, written decision upon completion of the review, but no later than 30 days from the date of the filing of the request for review.

(b) Any party to a dispute under this Law may file a civil action in a court of competent jurisdiction to seek all appropriate relief within 35 days from the date that a copy of the State Board of Education's written decision was received by that party. In any civil action, a party whose rights under this Law are found to have been violated shall be entitled to recover reasonable attorney's fees and costs.

(105 ILCS 5/13C-115 new)

Sec. 13C-115. Educational placement during pendency of proceedings. During the pendency of proceedings under this Law, youth who are expectant parents, parents, or victims of domestic or sexual violence (i) shall be immediately admitted to the school in which enrollment is sought where such youth are seeking enrollment, reenrollment, or transfer based on safety concerns, homelessness, or child care needs and (ii) shall remain in the current educational placement where the school is seeking to disenroll the youth.

(105 ILCS 5/13C-120 new)

Sec. 13C-120. Notice of rights.

(a) Each school district shall implement specific and continuing steps to notify all current students, applicants for admission, and the parents of every student and applicant that youth who are expectant parents, parents, or the victims of domestic or sexual violence have the right to enroll and attend school, to receive the same or equivalent educational instruction as other students, and to complete their education successfully and in a safe, secure, and encouraging learning environment.

(b) Each school district shall include a statement of all rights and the availability of services and educational options for youth who are expectant parents, parents, or victims of domestic or sexual violence, in bulletins prominently displayed in schools and other places where such youth typically receive services in the community, including, but not limited to, public and private state, local, and community-based organizations and agencies serving youth who are expectant parents, parents, or victims of domestic or sexual violence, legal services providers, housing and shelter providers, health care providers, and hospitals. The statement of rights shall also include the list of procedural safeguards provided in this Law.

(c) Written notice of such educational rights shall be provided in the form of policy manuals, employee and student handbooks, or other written documentation. Written notice of such educational rights shall be physically distributed to youth (i) at the beginning of each school year; (ii) at the time of transfer or withdrawal from school; (iii) at the time the school learns of the youth's status as an expectant parent, parent, or victim of domestic or sexual violence; and (iv) at the time of any adverse action, including, but not limited to, disenrollment, suspension, and expulsion. Written notice of such educational rights shall be physically distributed to parents and employees at the beginning of each school year.

(105 ILCS 5/13C-125 new)

Sec. 13C-125. Review and revision of policies. School districts shall review and revise any existing policies that may act as barriers to the enrollment, attendance, and success in school of any youth who is an expectant parent, parent, or victim of domestic or sexual violence. School districts shall adopt new policies to implement the provisions of this Law consistent with Section 13C-20 of this Law.

(105 ILCS 5/13C-130 new)

Sec. 13C-130. Dropout and graduation rates. Each school district shall separately identify and report on the dropout and graduation rates of expectant and parenting students as a subset of the district's dropout and graduation rates that are made public pursuant to Section 10-17a of this Code. School districts shall include within their dropout and graduation rates expectant and parenting students who attend schools operated pursuant to an agreement with the school district, charter schools operating in compliance with the Charter Schools Law, schools operated under Section 13A-3 of this Code, alternative schools operated by third parties within the City of Chicago under Section 13A-11 of this Code, and alternative learning opportunities programs operated under Article 13B of this Code. School districts shall derive dropout and graduation rates from the formula developed by the State Board of Education pursuant to Section 2-3.25a of this Code and shall report these rates as specified in Section 10-17a of this Code.

(105 ILCS 5/13C-135 new)

Sec. 13C-135. Other obligations unaffected. Nothing in this Law limits the obligations of school districts under federal law and State law.

(105 ILCS 5/13C-140 new)

Sec. 13C-140. Compliance. All schools and school districts shall take all actions necessary to comply with this Law as of July 1, 2006, including developing policies and procedures, posting written notice of rights, training personnel, and making available to the public copies of all policies, procedures, training curricula for specially trained personnel, and sample notices required under this Law. Copies of all related materials shall be submitted to the State Board of Education. Copies of any subsequent amendments to these polices, procedures, training curricula, and sample notices must also be available to the public and submitted to the State Board of Education.

(105 ILCS 5/26-2) (from Ch. 122, par. 26-2)

Sec. 26-2. Enrolled pupils below 7 or over 17.

(a) Any person having custody or control of a child who is below the age of 7 years or is 17 years of age or above and who is enrolled in any of grades 1 through 12 in the public school shall cause him to attend the public school in the district wherein he resides when it is in session during the regular school term, unless he is excused under paragraph 2, 3, 4, 5, or 6 of Section 26-1.

(b) A school district shall deny reenrollment in its secondary schools to any child 19 years of age or above who has dropped out of school and who could not, because of age and lack of credits, attend classes during the normal school year and graduate before his or her twenty-first birthday, except as otherwise provided under Article 13C of this Code. A district may, however, enroll the child in a graduation incentives program under Section 26-16 of this Code or an alternative learning opportunities program established under Article 13B. No child shall be denied reenrollment for the above reasons unless the school district first offers the child due process as required in cases of expulsion under Section 10-22.6. If a child is denied reenrollment after being provided with due process, the school district must provide counseling to that child and must direct that child to alternative educational programs, including adult education programs, that lead to graduation or receipt of a GED diploma.

(c) A school or school district may deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum academic standards if all of the following conditions are met:

(1) The student achieved a grade point average of less than "D" (or its equivalent) in the semester immediately prior to the current semester.

(2) The student and the student's parent or guardian are given written notice warning that the student is failing academically and is subject to denial from enrollment for one semester unless a "D" average (or its equivalent) or better is attained in the current semester.

(3) The parent or guardian is provided with the right to appeal the notice, as determined by the State Board of Education in accordance with due process.

(4) The student is provided with an academic improvement plan and academic remediation services.

(5) The student fails to achieve a "D" average (or its equivalent) or better in the current semester.

A school or school district may deny enrollment to a student 17 years of age or older for one semester for failure to meet minimum attendance standards if all of the following conditions are met:

(1) The student was absent without valid cause for 20% or more of the attendance days in the semester immediately prior to the current semester.

(2) The student and the student's parent or guardian are given written notice warning that the student is subject to denial from enrollment for one semester unless the student is absent without valid cause less than 20% of the attendance days in the current semester.

(3) The student's parent or guardian is provided with the right to appeal the notice, as determined by the State Board of Education in accordance with due process.

(4) The student is provided with attendance remediation services, including without limitation assessment, counseling, and support services.

(5) The student is absent without valid cause for 20% or more of the attendance days in the current semester.

A school or school district may not deny enrollment to a student (or reenrollment to a dropout) who is at least 17 years of age or older but below 19 years for more than one consecutive semester for failure to meet academic or attendance standards.

(d) No child may be denied enrollment or reenrollment under this Section in violation of the Individuals with Disabilities Education Act or the Americans with Disabilities Act.

(e) In this subsection (e), "reenrolled student" means a dropout who has reenrolled full-time in a public school. Each school district shall identify, track, and report on the educational progress and outcomes of reenrolled students as a subset of the district's required reporting on all enrollments. A reenrolled student who again drops out must not be counted again against a district's dropout rate performance measure. The State Board of Education shall set performance standards for programs serving reenrolled students.

(f) The State Board of Education shall adopt any rules necessary to implement the changes to this Section made by Public Act 93-803.

(Source: P.A. 92-42, eff. 1-1-02; 93-803, eff. 7-23-04; 93-858, eff. 1-1-05; 93-1079, eff. 1-21-05.)

(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)

Sec. 26-2a. A "truant" is defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.

"Valid cause" for absence shall be illness, attendance at pregnancy-related medical appointments, observance of a religious holiday, death in the immediate family, family emergency, and fulfillment of the student's parenting responsibilities (including, but not limited to, arranging child care, caring for the student's sick child, and attending medical appointments for the student's child) and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent or the student for the safety or health of the student, such as addressing circumstances resulting from domestic or sexual violence.

"Chronic or habitual truant" shall be defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for 10% or more of the previous 180 regular attendance days.

"Truant minor" is defined as a chronic truant to whom supportive services, including prevention, diagnostic, intervention and remedial services, alternative programs and other school and community resources have been provided and have failed to result in the cessation of chronic truancy, or have been offered and refused.

A "dropout" is defined as any child enrolled in grades 1 through 12 whose name has been removed from the district enrollment roster for any reason other than his death, extended illness, graduation or completion of a program of studies and who has not transferred to another public or private school.

"Religion" for the purposes of this Article, includes all aspects of religious observance and practice, as well as belief.

(Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)

(105 ILCS 5/26-3d) (from Ch. 122, par. 26-3d)

Sec. 26-3d. All regional superintendents and all district superintendents in any municipality of 500,000 or more inhabitants shall collect data concerning truants, chronic truants, and truant minor pupils from school districts and truant officers as designated by the State Board of Education. The regional and district superintendents shall separately identify and report on the number of truant, chronic truant, and truant minor pupils in their regions or school districts who are expectant parents or parents.

(Source: P.A. 84-1420.)

(105 ILCS 5/27A-5)

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

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status.

Beginning on the effective date of this amendatory Act of the 93rd General Assembly, in all new applications submitted to the State Board or a local school board to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by this amendatory Act of the 93rd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school.

(g) A charter school shall comply with all provisions of this Article and its charter. A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:

(1) Sections 10-21.9 and 34-18.5 of the School Code regarding criminal history records checks of applicants for employment;

(2) Sections 24-24 and 34-84A of the School Code regarding discipline of students;

(3) The Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) The Abused and Neglected Child Reporting Act;

(6) The Illinois School Student Records Act; and

(7) Section 10-17a of the School Code regarding school report cards; and .

(8) Article 13C of this Code.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after the effective date of this amendatory Act of the 93rd General Assembly and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on the effective date of this amendatory Act of the 93rd General Assembly and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04.)

(105 ILCS 5/34-18.24)

Sec. 34-18.24. Transfer of students.

(a) The board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student's parent or guardian. Any request by a parent or guardian to transfer his or her child from one attendance center to another within the school district pursuant to Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 days after the parent or guardian receives notice of the right to transfer pursuant to that law. A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student's grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6317).

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) The board shall establish and implement a policy governing the transfer of students within the school district from a persistently dangerous attendance center to another attendance center in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous attendance center, the attendance center must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the attendance center expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C. 921.

(3) Have at least 3% of the students enrolled in the attendance center exercise the individual option to transfer attendance centers pursuant to subsection (c) of this Section.

(c) A student may transfer from one attendance center to another attendance center within the district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act. The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event. A student who is a victim of domestic or sexual violence, regardless of whether the student's perpetrator has been criminally charged or convicted, and regardless of whether the incident occurred on school grounds during regular school hours or during a school-sponsored event, shall be permitted to transfer schools immediately and as needed, including to another school district, if the student's continued attendance at a particular school facility or location poses a risk to his or her safety.

(d) Transfers made pursuant to subsections (b) and (c) of this Section shall be made in compliance with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)

Section 90. The State Mandates Act is amended by adding Section 8.29 as follows:

(30 ILCS 805/8.29 new)

Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 94th General Assembly.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.