Illinois General Assembly - Bill Status for HB 192

Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986 to provide that under no circumstances shall a stalking no contact order, civil no contact order, or order of protection require a school district to prohibit entrance of a respondent student where the respondent student is the recipient of special education services pursuant to an individualized education plan. Provides that no stalking no contact order, civil no contact order, or order of protection may require a change in placement or a material change in services for either the petitioner or respondent student under the federal Individuals with Disabilities Education Act and the School Code. Provides that federal and State law regarding special education and related services prevail in the event of a conflict with an order under any of the Acts. Provides that where a respondent student subject to an order under any of the Acts requests a transfer to another school within the district, then the district may, in its sole discretion, transfer the student to another school. Provides that the choice of school to which a respondent student is transferred is at the sole discretion of the district. Provides that no district violates an order under any of the Acts for permitting a respondent student to attend a school in the district where the student is a properly enrolled student.

Deletes everything after the enacting clause. Amends the Stalking No Contact Order Act. Provides that the court may order that the respondent accept a change of educational placement or program, as determined by the School District (instead of accept a change of educational placement or program). Provides that if a respondent claims that an educational transfer, change of placement or change of program of the respondent is not available, the respondent may not base that assertion on the ground that the respondent does not agree with the School District's transfer or change of placement or program or the respondent fails or refuses to consent or otherwise take actions required to effectuate a transfer, change of placement or change of program. Provides that, with respect to the enforcement of a civil no contact order, the court: (i) shall not hold a school district or any of its employees in civil or criminal contempt unless the school district has been allowed to intervene; and (ii) may hold the parents, guardian or legal custodian of the minor respondent in civil or criminal contempt for a violation of an order, for conduct of the minor in violation of this Act if the parents, guardian or legal custodian directed, encouraged, or assisted the minor in the conduct.

Deletes everything after the enacting clause. Amends the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. Provides that when the respondent attends a public, private, or non-public elementary, middle, or high school the court may tailor the order protecting a petitioner after considering all relevant factors including the physical danger or emotional distress to the petitioner, the severity of the act, and all factors relating to the education of a petitioner and respondent. Provides that the court may order that the respondent accept a change of educational placement or program, as determined by the school district or private or non-public school. Provides that if a respondent claims that an educational transfer, a change of placement, or a change of program of the respondent is not available, the respondent may not base that assertion on the grounds that the respondent does not agree with the school district's or private or non-public school's transfer, change of placement, or change of program or that the respondent fails, refuses, or take actions for a transfer, change of placement, or change of program. Provides that the court may make the parents, guardian, or legal custodian of the respondent responsible for costs associated with the respondent's placement under the order. Provides that, with respect to the enforcement of an order, the court: (i) shall not hold a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene; and (ii) may hold the parents, guardian, or legal custodian of the minor respondent in civil or criminal contempt for a violation of an order for conduct of the minor in violation of the Act if the parents, guardian, or legal custodian directed, encouraged, or assisted the minor in the conduct. Makes other changes.

Date	Chamber	Action
8/11/2011	House	Public Act . . . . . . . . . 97-0294

Date	Chamber	Action
1/14/2011	House	Filed with the Clerk by Rep. Roger L. Eddy
1/18/2011	House	First Reading
1/18/2011	House	Referred to Rules Committee
2/8/2011	House	Assigned to Elementary & Secondary Education Committee
3/11/2011	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Roger L. Eddy
3/11/2011	House	House Committee Amendment No. 1 Referred to Rules Committee
3/15/2011	House	House Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education Committee
3/15/2011	House	House Committee Amendment No. 2 Filed with Clerk by Rep. Roger L. Eddy
3/15/2011	House	House Committee Amendment No. 2 Referred to Rules Committee
3/16/2011	House	House Committee Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote
3/16/2011	House	Do Pass as Amended / Short Debate Elementary & Secondary Education Committee; 017-004-001
3/16/2011	House	Placed on Calendar 2nd Reading - Short Debate
3/16/2011	House	House Committee Amendment No. 2 Tabled Pursuant to Rule 40
3/31/2011	House	House Floor Amendment No. 3 Filed with Clerk by Rep. Roger L. Eddy
3/31/2011	House	House Floor Amendment No. 3 Referred to Rules Committee
4/4/2011	House	House Floor Amendment No. 3 Rules Refers to Elementary & Secondary Education Committee
4/6/2011	House	House Floor Amendment No. 3 Recommends Be Adopted Elementary & Secondary Education Committee; 017-003-000
4/6/2011	House	Added Chief Co-Sponsor Rep. Linda Chapa LaVia
4/6/2011	House	Added Chief Co-Sponsor Rep. Lisa M. Dugan
4/6/2011	House	Added Chief Co-Sponsor Rep. Al Riley
4/6/2011	House	Added Chief Co-Sponsor Rep. Camille Y. Lilly
4/6/2011	House	Second Reading - Short Debate
4/6/2011	House	House Floor Amendment No. 3 Adopted by Voice Vote
4/6/2011	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/7/2011	House	Third Reading - Short Debate - Passed 100-010-000
4/7/2011	Senate	Arrive in Senate
4/7/2011	Senate	Placed on Calendar Order of First Reading April 8, 2011
4/7/2011	Senate	Chief Senate Sponsor Sen. Dale A. Righter
4/8/2011	Senate	First Reading
4/8/2011	Senate	Referred to Assignments
4/27/2011	Senate	Assigned to Judiciary
5/5/2011	Senate	Postponed - Judiciary
5/10/2011	Senate	Do Pass Judiciary; 009-000-000
5/10/2011	Senate	Placed on Calendar Order of 2nd Reading May 11, 2011
5/12/2011	Senate	Second Reading
5/12/2011	Senate	Placed on Calendar Order of 3rd Reading May 13, 2011
5/17/2011	Senate	Added as Alternate Chief Co-Sponsor Sen. Linda Holmes
5/17/2011	Senate	Added as Alternate Chief Co-Sponsor Sen. Matt Murphy
5/17/2011	Senate	Third Reading - Passed; 057-000-000
5/17/2011	House	Passed Both Houses
6/15/2011	House	Sent to the Governor
8/11/2011	House	Governor Approved
8/11/2011	House	Effective Date January 1, 2012
8/11/2011	House	Public Act . . . . . . . . . 97-0294

	Deletes reference to:
	740 ILCS 21/80

	Adds reference to:
	740 ILCS 22/220

	Adds reference to:
	740 ILCS 21/80