98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2213

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/1-3  from Ch. 122, par. 1-3
105 ILCS 5/10-21.3a
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/10-22.6a  from Ch. 122, par. 10-22.6a
105 ILCS 5/10-30 new
105 ILCS 5/10-35 new
105 ILCS 5/10-40 new
105 ILCS 5/10-45 new
105 ILCS 5/13A-11
105 ILCS 5/26-2a  from Ch. 122, par. 26-2a
105 ILCS 5/27A-5
105 ILCS 5/34-18.24
105 ILCS 10/5  from Ch. 122, par. 50-5

    Provides that the purpose of the Act is to ensure that children and youth who are parents, expectant 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. Amends the School Code and the Illinois School Student Records Act to make changes concerning definitions, the transfer of students, the suspension or expulsion of pupils, home instruction, the review and revision of policies, confidentiality, ombudspersons, accommodations and services, alternative public schools, compulsory school attendance, charter schools, and the right to inspect and copy school student permanent and temporary records. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Purpose. The purpose of this Act is to ensure
5that children and youth who are parents, expectant parents, or
6the victims of domestic or sexual violence are identified by
7schools in a manner respectful of their privacy and safety;
8treated with dignity and regard; and provided the protection,
9instruction, and related support services necessary to enable
10them to meet State educational standards and successfully
11attain a high school diploma. This Act shall be interpreted
12liberally to aid in this purpose.
 
13    Section 5. The School Code is amended by changing Sections
141-3, 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 26-2a, 27A-5, and
1534-18.24 and by adding Sections 10-30, 10-35, 10-40, and 10-45
16as follows:
 
17    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)
18    Sec. 1-3. Definitions.
19    (a) In this Code:
20    The terms "common schools", "free schools" and "public
21schools" are used interchangeably to apply to any school
22operated by authority of this Act.

 

 

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1    "School board" means the governing body of any district
2created or operating under authority of this Act, including
3board of school directors and board of education. When the
4context so indicates it also means the governing body of any
5non-high school district and of any special charter district,
6including board of school inspectors.
7    "Special charter district" means any city, township or
8district organized into a school district, under a special Act
9or charter of the General Assembly or in which schools are now
10managed and operating within such unit in whole or in part
11under the terms of such special Act or charter.
12    (b) In provisions of this Code relating to children and
13youth who are parents, expectant parents, or victims of
14domestic or sexual violence:
15    "At risk of academic failure" means a student who is at
16risk of failing to meet State learning standards or failing to
17graduate from elementary or high school and who demonstrates a
18need for educational support or social services beyond those
19provided by the regular school program.
20    "Domestic or sexual violence" means domestic violence,
21sexual assault, sexual harassment, or stalking. Domestic or
22sexual violence may occur through electronic communication.
23Domestic or sexual violence exists regardless of when the
24violence occurred, whether or not the domestic or sexual
25violence is the subject of a criminal investigation or the
26perpetrator has been criminally charged or convicted of a

 

 

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1crime, whether or not an order of protection or a no-contact
2order is pending before or has been issued by a court, and
3whether or not any domestic or sexual violence took place on
4school grounds during regular school hours or during a
5school-sponsored event. Consent to any act that may constitute
6domestic or sexual violence means a freely given agreement to
7the act. Lack of verbal or physical resistance or submission by
8the victim does not constitute consent, and the manner of dress
9of the victim does not constitute consent. For purposes of
10children and youth asserting their rights under provisions
11relating to domestic or sexual violence in Sections 10-21.3a,
1210-22.6, 10-22.6a, 10-45 (verification may be required for
13accommodations only, such as a change in classroom, not for
14services), 26-2, 26-2a, and 34-18.24, a school district may
15require verification. Any one of the following shall be
16acceptable verification of a child's or youth's claim of
17domestic or sexual violence:
18        (1) A written statement from the youth or anyone who
19    has knowledge of the circumstances that support the youth's
20    claim. This may be in the form of a complaint.
21        (2) A police report, government agency record, or court
22    record.
23        (3) A statement or other documentation from a domestic
24    or sexual violence organization or any other organization
25    from which the youth sought services or advice.
26        (4) Documentation from a lawyer, clergy person,

 

 

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1    medical professional, or other professional from whom the
2    youth sought domestic or sexual violence services or
3    advice.
4        (5) Any other evidence, such as physical evidence of
5    violence, that supports the claim.
6    The person named to be the perpetrator, the perpetrator's
7family, or any other person named by the youth or named by the
8youth's parent or guardian to be unsafe to contact must not be
9contacted to verify the abuse. The perpetrator, the
10perpetrator's family, or any other person named by the youth or
11the youth's parent or guardian to be unsafe must not be
12contacted for any other reason without written permission of
13the youth or written permission of the youth's parent or
14guardian. Permission of the youth's parent or guardian shall
15not be pursued when the youth alleges that his or her health or
16safety would be threatened if the school or school district
17contacts the youth's parent or guardian to obtain written
18permission.
19    The youth or the youth's parent or guardian may choose
20which form of documentation is submitted as acceptable
21verification. A youth who has provided acceptable verification
22that he or she is or has been a victim of domestic or sexual
23violence shall not be required to provide any additional
24verification if the youth's efforts to assert rights under this
25Code stem from a claim involving the same perpetrator. This
26applies to all schools and school districts, including special

 

 

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1charter districts and districts organized under Article 33 or
234 of this Code.
3    "Domestic or sexual violence organization" means a
4nonprofit, nongovernmental organization that provides
5assistance to victims of domestic or sexual violence or to
6advocates for such victims, including an organization carrying
7out a domestic or sexual violence program; an organization
8operating a shelter or a rape crisis center or providing
9counseling services; or an organization that seeks to eliminate
10domestic or sexual violence or address the consequences of such
11violence for its victims through legislative advocacy or policy
12change, public education, or service collaboration.
13    "Domestic violence" means abuse, as defined in Section 103
14of the Illinois Domestic Violence Act of 1986, by a family or
15household member, as defined in Section 103 of the Illinois
16Domestic Violence Act of 1986.
17    "Electronic communication" includes communications via
18telephone, mobile phone, computer, e-mail, video recorder, fax
19machine, telex, or pager or any other electronic communication
20as defined in Section 12-7.5 of the Criminal Code of 2012.
21    "Equivalent educational experience" means an educational
22experience that is designed to promote a youth's continued
23learning and re-integration into the classroom and regular
24education program.
25    "Expectant parent" means a student who is pregnant or a
26student who intends to act as a parent and seeks services for

 

 

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1teen parents and who has not yet received a diploma for
2completion of secondary education, as defined in Section 22-22
3of this Code.
4    "Harassment" means unwelcome conduct of a sexual nature,
5including sexual advances, requests for sexual favors, and
6other verbal, nonverbal, or physical conduct of a sexual
7nature, and unwelcome conduct, including verbal, nonverbal, or
8physical conduct that is not sexual in nature, but is related
9to a student's status as a parent, expectant parent, or victim
10of domestic or sexual violence.
11    "Parent", as it relates to a student, means a student who
12is a custodial parent or a noncustodial parent taking an active
13role in the care and supervision of a child and who has not yet
14received a diploma for completion of secondary education, as
15defined in Section 22-22 of this Code.
16    "Perpetrator" means an individual who commits or is alleged
17to have committed any act of domestic or sexual violence.
18    "Poor academic performance" means that a student has (i)
19scored in the 50th percentile or below on district-administered
20standardized tests; (ii) received a score on a State assessment
21that does not meet standards in one or more of the fundamental
22learning areas under Section 27-1 of this Code, as applicable
23for the student's grade level; or (iii) not met grade-level
24expectations on a district-designed assessment.
25    "School", for purposes of provisions of this Code relating
26to children and youth who are parents, expectant parents, or

 

 

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1victims of domestic or sexual violence, means without
2limitation (i) a public or State-operated elementary or
3secondary school; (ii) a school operated pursuant to an
4agreement with a public school district, including a
5cooperative or joint agreement with a governing body or board
6of control; (iii) a charter school operating in compliance with
7the Charter Schools Law; (iv) a school operated under Section
813A-3 of this Code; (v) an alternative school operated by third
9parties within the City of Chicago under Section 13A-11 of this
10Code; (vi) an alternative learning opportunities program
11operated under Article 13B of this Code; or (vii) a public
12school administered by a local public agency or the Department
13of Human Services operating pursuant to the authority of this
14Code.
15    "School district", for purposes of provisions of this Code
16relating to children and youth who are parents, expectant
17parents, or victims of domestic or sexual violence, means any
18public entity responsible for administering schools, including
19districts subject to Article 33 or 34 of this Code, and
20includes other entities responsible for administering public
21schools, such as cooperatives, joint agreements, charter
22schools, special charter districts, regional offices of
23education, local agencies, and the Department of Human
24Services.
25    "Serious health condition" means an illness, injury,
26impairment, or physical or mental condition that involves

 

 

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1inpatient care in a hospital, hospice, or residential medical
2care facility or continuing treatment by a health care
3provider.
4    "Sexual assault" means any conduct of an adult or minor
5child proscribed in Sections 11-0.1, 11-1.20, 11-1.30,
611-1.40, 11-1.50, and 11-1.60 of the Criminal Code of 2012,
7including conduct committed by perpetrators who are strangers
8to the victim and conduct committed by perpetrators who are
9known or related by blood or marriage to the victim.
10    "Sexual violence" means sexual assault, stalking,
11harassment, or any conduct proscribed in Subdivisions 5 and 10
12of Article 11 of the Criminal Code of 2012.
13    "Stalking" means any conduct proscribed in Sections
1412-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 2012,
15including stalking committed by perpetrators who are strangers
16to the victim and stalking committed by perpetrators who are
17known or related by blood or marriage to the victim.
18    "Student" or "pupil" means any child or youth enrolled,
19eligible to enroll, or previously enrolled in a school who has
20not yet received a diploma for completion of secondary
21education, as defined in Section 22-22 of this Code.
22    "Victim" means an individual who has been subjected to one
23or more acts of domestic or sexual violence. The individual is
24a "victim" of domestic or sexual violence regardless of when
25the violence occurred, whether or not the domestic or sexual
26violence is the subject of a criminal investigation or the

 

 

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1perpetrator has been criminally charged or convicted of a
2crime, whether or not an order of protection or a no-contact
3order is pending before or has been issued by a court, and
4whether or not any domestic or sexual violence took place on
5school grounds during regular school hours or during a
6school-sponsored event.
7    "Youth", except as otherwise provided in this Code, means a
8child, student, or juvenile below the age of 21 years who has
9not yet completed his or her prescribed course of study or has
10not received a diploma for completion of secondary education,
11as defined in Section 22-22 of this Code. "Youth" includes, but
12is not limited to, unaccompanied youth not in the physical
13custody of a parent or guardian.
14    The definitions under this subsection (b) apply to all
15schools and school districts, including special charter
16districts and districts organized under Article 33 or 34 of
17this Code.
18(Source: Laws 1961, p. 31.)
 
19    (105 ILCS 5/10-21.3a)
20    Sec. 10-21.3a. Transfer of students.
21    (a) Each school board shall establish and implement a
22policy governing the transfer of a student from one attendance
23center to another within the school district upon the request
24of the student's parent or guardian. Any request by a parent or
25guardian to transfer his or her child from one attendance

 

 

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1center to another within the school district pursuant to
2Section 1116 of the federal Elementary and Secondary Education
3Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30
4days after the parent or guardian receives notice of the right
5to transfer pursuant to that law. A student may not transfer to
6any of the following attendance centers, except by change in
7residence if the policy authorizes enrollment based on
8residence in an attendance area or unless approved by the board
9on an individual basis:
10        (1) An attendance center that exceeds or as a result of
11    the transfer would exceed its attendance capacity.
12        (2) An attendance center for which the board has
13    established academic criteria for enrollment if the
14    student does not meet the criteria, provided that the
15    transfer must be permitted if the attendance center is the
16    only attendance center serving the student's grade that has
17    not been identified for school improvement, corrective
18    action, or restructuring under Section 1116 of the federal
19    Elementary and Secondary Education Act of 1965 (20 U.S.C.
20    Sec. 6316).
21        (3) Any attendance center if the transfer would prevent
22    the school district from meeting its obligations under a
23    State or federal law, court order, or consent decree
24    applicable to the school district.
25    (b) Each school board shall establish and implement a
26policy governing the transfer of students within a school

 

 

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1district from a persistently dangerous school to another public
2school in that district that is not deemed to be persistently
3dangerous. In order to be considered a persistently dangerous
4school, the school must meet all of the following criteria for
52 consecutive years:
6        (1) Have greater than 3% of the students enrolled in
7    the school expelled for violence-related conduct.
8        (2) Have one or more students expelled for bringing a
9    firearm to school as defined in 18 U.S.C. 921.
10        (3) Have at least 3% of the students enrolled in the
11    school exercise the individual option to transfer schools
12    pursuant to subsection (c) of this Section.
13    (c) A student may transfer from one public school to
14another public school in that district if the student is a
15victim of a violent crime as defined in Section 3 of the Rights
16of Crime Victims and Witnesses Act. The violent crime must have
17occurred on school grounds during regular school hours or
18during a school-sponsored event. A student who is a victim of
19domestic or sexual violence, regardless of when the violence
20occurred, whether or not the domestic or sexual violence is the
21subject of a criminal investigation or the student's
22perpetrator has been criminally charged or convicted, or
23whether the domestic or sexual violence occurred on school
24grounds during regular school hours or during a
25school-sponsored event, shall be permitted to transfer schools
26immediately and as needed, including to a school in another

 

 

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1school district, if the student's continued attendance at a
2particular school facility or location poses a risk to his or
3her mental or physical well-being or safety. School districts
4shall waive tuition for children and youth who transfer into a
5school district in which the child or youth is a nonresident to
6accommodate the mental and physical well-being or safety
7concerns of the youth who is a victim of domestic or sexual
8violence. A student who transfers due to domestic or sexual
9violence must have full access to extracurricular activities
10and any programs or activities offered by or under the auspices
11of the school to which the student has transferred. No adverse
12or prejudicial effects may result to any student who is a
13victim of domestic or sexual violence because of his or her
14availing himself or herself of or declining the provisions of
15this Section.
16    (d) Transfers made pursuant to subsections (b) and (c) of
17this Section shall be made in compliance with the federal No
18Child Left Behind Act of 2001 (Public Law 107-110).
19(Source: P.A. 96-328, eff. 8-11-09.)
 
20    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
21    Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, and no action shall lie

 

 

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1against them for such expulsion. Expulsion shall take place
2only after the parents have been requested to appear at a
3meeting of the board, or with a hearing officer appointed by
4it, to discuss their child's behavior. Such request shall be
5made by registered or certified mail and shall state the time,
6place and purpose of the meeting. The board, or a hearing
7officer appointed by it, at such meeting shall state the
8reasons for dismissal and the date on which the expulsion is to
9become effective. If a hearing officer is appointed by the
10board he shall report to the board a written summary of the
11evidence heard at the meeting and the board may take such
12action thereon as it finds appropriate. An expelled pupil may
13be immediately transferred to an alternative program in the
14manner provided in Article 13A or 13B of this Code. A pupil
15must not be denied transfer because of the expulsion, except in
16cases in which such transfer is deemed to cause a threat to the
17safety of students or staff in the alternative program.
18    (b) To suspend or by policy to authorize the superintendent
19of the district or the principal, assistant principal, or dean
20of students of any school to suspend pupils guilty of gross
21disobedience or misconduct, or to suspend pupils guilty of
22gross disobedience or misconduct on the school bus from riding
23the school bus, and no action shall lie against them for such
24suspension. The board may by policy authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend pupils

 

 

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1guilty of such acts for a period not to exceed 10 school days.
2If a pupil is suspended due to gross disobedience or misconduct
3on a school bus, the board may suspend the pupil in excess of
410 school days for safety reasons. Any suspension shall be
5reported immediately to the parents or guardian of such pupil
6along with a full statement of the reasons for such suspension
7and a notice of their right to a review. The school board must
8be given a summary of the notice, including the reason for the
9suspension and the suspension length. Upon request of the
10parents or guardian the school board or a hearing officer
11appointed by it shall review such action of the superintendent
12or principal, assistant principal, or dean of students. At such
13review the parents or guardian of the pupil may appear and
14discuss the suspension with the board or its hearing officer.
15If a hearing officer is appointed by the board he shall report
16to the board a written summary of the evidence heard at the
17meeting. After its hearing or upon receipt of the written
18report of its hearing officer, the board may take such action
19as it finds appropriate. A pupil who is suspended in excess of
2020 school days may be immediately transferred to an alternative
21program in the manner provided in Article 13A or 13B of this
22Code. A pupil must not be denied transfer because of the
23suspension, except in cases in which such transfer is deemed to
24cause a threat to the safety of students or staff in the
25alternative program.
26    (b-5) In all suspension and expulsion proceedings, a

 

 

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1student may raise his or her status as a parent, expectant
2parent, or victim of domestic or sexual violence, which shall
3be considered as a mitigating factor in determining whether to
4suspend or expel a student or in deciding the nature or
5severity of the disciplinary action at any time throughout the
6proceedings. An advocate or representative of the student's
7choice must be permitted to represent the student throughout
8the proceedings and to consult with the school board whenever
9there is evidence that the student's status as a parent,
10expectant parent, or victim of domestic or sexual violence may
11be a factor in the cause for expulsion or suspension. A student
12who raises his or her status as a victim of domestic or sexual
13violence shall not be required to work out the problem directly
14with the perpetrator or the perpetrator's advocate or
15representative, be personally questioned or cross-examined by
16the perpetrator or the perpetrator's advocate or
17representative, have any contact with the perpetrator or the
18perpetrator's advocate or representative, or be in the same
19room as the perpetrator or the perpetrator's advocate or
20representative during the proceedings. Suspension or expulsion
21proceedings must be conducted independently from any ongoing
22criminal investigation or proceeding, and lack of pursuit of
23criminal investigations or proceedings shall not be a factor in
24school disciplinary decisions. This subsection (b-5) applies
25to all schools and school districts, including special charter
26districts and districts organized under Article 33 or 34 of

 

 

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1this Code.
2    (c) The Department of Human Services shall be invited to
3send a representative to consult with the board at such meeting
4whenever there is evidence that mental illness may be the cause
5for expulsion or suspension.
6    (d) The board may expel a student for a definite period of
7time not to exceed 2 calendar years, as determined on a case by
8case basis. A student who is determined to have brought one of
9the following objects to school, any school-sponsored activity
10or event, or any activity or event that bears a reasonable
11relationship to school shall be expelled for a period of not
12less than one year:
13        (1) A firearm. For the purposes of this Section,
14    "firearm" means any gun, rifle, shotgun, weapon as defined
15    by Section 921 of Title 18 of the United States Code,
16    firearm as defined in Section 1.1 of the Firearm Owners
17    Identification Card Act, or firearm as defined in Section
18    24-1 of the Criminal Code of 2012. The expulsion period
19    under this subdivision (1) may be modified by the
20    superintendent, and the superintendent's determination may
21    be modified by the board on a case-by-case basis.
22        (2) A knife, brass knuckles or other knuckle weapon
23    regardless of its composition, a billy club, or any other
24    object if used or attempted to be used to cause bodily
25    harm, including "look alikes" of any firearm as defined in
26    subdivision (1) of this subsection (d). The expulsion

 

 

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1    requirement under this subdivision (2) may be modified by
2    the superintendent, and the superintendent's determination
3    may be modified by the board on a case-by-case basis.
4Expulsion or suspension shall be construed in a manner
5consistent with the Federal Individuals with Disabilities
6Education Act. A student who is subject to suspension or
7expulsion as provided in this Section may be eligible for a
8transfer to an alternative school program in accordance with
9Article 13A of the School Code. The provisions of this
10subsection (d) apply in all school districts, including special
11charter districts and districts organized under Article 34.
12    (d-5) The board may suspend or by regulation authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend a
15student for a period not to exceed 10 school days or may expel
16a student for a definite period of time not to exceed 2
17calendar years, as determined on a case by case basis, if (i)
18that student has been determined to have made an explicit
19threat on an Internet website against a school employee, a
20student, or any school-related personnel, (ii) the Internet
21website through which the threat was made is a site that was
22accessible within the school at the time the threat was made or
23was available to third parties who worked or studied within the
24school grounds at the time the threat was made, and (iii) the
25threat could be reasonably interpreted as threatening to the
26safety and security of the threatened individual because of his

 

 

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1or her duties or employment status or status as a student
2inside the school. The provisions of this subsection (d-5)
3apply in all school districts, including special charter
4districts and districts organized under Article 34 of this
5Code.
6    (e) To maintain order and security in the schools, school
7authorities may inspect and search places and areas such as
8lockers, desks, parking lots, and other school property and
9equipment owned or controlled by the school, as well as
10personal effects left in those places and areas by students,
11without notice to or the consent of the student, and without a
12search warrant. As a matter of public policy, the General
13Assembly finds that students have no reasonable expectation of
14privacy in these places and areas or in their personal effects
15left in these places and areas. School authorities may request
16the assistance of law enforcement officials for the purpose of
17conducting inspections and searches of lockers, desks, parking
18lots, and other school property and equipment owned or
19controlled by the school for illegal drugs, weapons, or other
20illegal or dangerous substances or materials, including
21searches conducted through the use of specially trained dogs.
22If a search conducted in accordance with this Section produces
23evidence that the student has violated or is violating either
24the law, local ordinance, or the school's policies or rules,
25such evidence may be seized by school authorities, and
26disciplinary action may be taken. School authorities may also

 

 

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1turn over such evidence to law enforcement authorities. The
2provisions of this subsection (e) apply in all school
3districts, including special charter districts and districts
4organized under Article 34.
5    (f) Suspension or expulsion may include suspension or
6expulsion from school and all school activities and a
7prohibition from being present on school grounds.
8    (g) A school district may adopt a policy providing that if
9a student is suspended or expelled for any reason from any
10public or private school in this or any other state, the
11student must complete the entire term of the suspension or
12expulsion in an alternative school program under Article 13A of
13this Code or an alternative learning opportunities program
14under Article 13B of this Code before being admitted into the
15school district if there is no threat to the safety of students
16or staff in the alternative program. A school district that
17adopts such a policy must include a provision allowing for
18consideration of a student's status as a parent, expectant
19parent, or victim of domestic or sexual violence as a
20mitigating factor in reviews during the disciplinary period and
21exempting on a case-by-case basis those students whose status
22as a parent, expectant parent, or victim of domestic or sexual
23violence is a factor in the behavior that gives rise to the
24suspension or expulsion. This subsection (g) applies to all
25school districts, including special charter districts and
26districts organized under Article 33 or 34 of this Code.

 

 

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1    (h) If a pupil is faced with either (i) suspension from
2school due to gross disobedience or misconduct or suspension
3from riding a school bus due to gross disobedience or
4misconduct on the school bus as provided in this Section or
5(ii) expulsion due to gross disobedience or misconduct as
6provided in this Section and if there is a relationship between
7the behavior that gives rise to the suspension or expulsion
8proceedings and the pupil's status as a parent, expectant
9parent, or victim of domestic or sexual violence, then the
10suspension or expulsion requirement may be modified by the
11district superintendent on a case-by-case basis. This
12subsection (h) applies to all schools and school districts,
13including special charter districts and districts organized
14under Article 33 or 34 of this Code.
15(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1697-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
1797-1150, eff. 1-25-13.)
 
18    (105 ILCS 5/10-22.6a)  (from Ch. 122, par. 10-22.6a)
19    Sec. 10-22.6a. To provide by home instruction,
20correspondence courses or otherwise courses of instruction for
21pupils who are unable to attend school because of pregnancy and
22pregnancy-related conditions, the fulfillment of parenting
23obligations related to the health of the pupil's child, or
24health or safety concerns arising from domestic or sexual
25violence. Such instruction shall be provided to the pupil (1)

 

 

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1before the birth of the child when the pupil's health care
2provider physician has indicated to the district, in writing,
3that the pupil is medically unable to attend regular classroom
4instruction, and (2) for up to 3 months following the birth of
5the child or a miscarriage, (3) to care for the pupil's ill
6child when the child's health care provider has indicated to
7the district, in writing, that the pupil's child has a serious
8health condition, that the pupil is needed to provide care to
9this child, and that alternative care for the child that is
10adequate and affordable is unavailable, or (4) to treat
11physical or mental health complications or address safety
12concerns arising from domestic or sexual violence when the
13pupil's domestic or sexual violence organization or health care
14provider has indicated to the school or school district, in
15writing, that such care is needed and will cause an absence for
162 or more consecutive weeks of school.
17    The instruction course shall be designed to offer
18educational experiences that are equivalent to those given to
19pupils at the same grade level in the district and that are
20designed to enable the pupil to return to the classroom.
21    Notwithstanding any other law to the contrary, if a pupil
22is unable to attend regular classes because of the reasons set
23forth in this Section and if the pupil has participated in
24instruction under this Section that is administered by the
25school or school district, then the pupil must not be penalized
26for grading purposes nor be denied course completion, a return

 

 

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1to regular classroom instruction, grade level advancement, or
2graduation solely on the basis of the pupil's participation in
3instruction under this Section or the pupil's absence from the
4regular education program during the period of instruction
5under this Section. Schools and school districts shall not use
6instruction under this Section in lieu of making reasonable
7accommodations so that children and youth who are parents,
8expectant parents, or victims of domestic or sexual violence
9can receive regular classroom instruction.
10(Source: P.A. 84-1430.)
 
11    (105 ILCS 5/10-30 new)
12    Sec. 10-30. Review and revision of policies. All schools
13and school districts shall review all existing policies and
14procedures and revise any existing policies and procedures that
15may act as a barrier to the immediate enrollment and
16re-enrollment, attendance, graduation, and success in school
17of any youth who is a parent, expectant parent, or victim of
18domestic or sexual violence or any policies or procedures that
19may compromise a criminal investigation relating to domestic or
20sexual violence or re-victimize the youth. School districts
21shall adopt new policies and procedures, as needed, to
22implement this amendatory Act of the 98th General Assembly and
23to ensure that immediate and effective steps are taken to
24respond to youth who are parents, expectant parents, or victims
25of domestic or sexual violence. School districts shall confer

 

 

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1with persons with expertise in youth who are parents and
2expectant parents and with persons with expertise in youth who
3are victims of domestic and sexual violence, including domestic
4and sexual violence organizations, in the review and revision
5of existing policies and procedures and the adoption and
6implementation of new policies and procedures, including those
7related to confidentiality, parental involvement, and a
8youth's health or safety-related concerns in connection with
9notifying a parent or guardian; the development and
10distribution of materials related to such youth, including
11outreach to youth not in school; ensuring that all materials
12are age appropriate and culturally sensitive; and ensuring that
13youth are notified of and understand the policies and
14procedures, such as how and to whom to report any incident of
15domestic or sexual violence. School districts shall take all
16actions necessary to comply with this Section no later than
17July 1, 2014 and every 2 years after July 1, 2014.
 
18    (105 ILCS 5/10-35 new)
19    Sec. 10-35. Confidentiality. School districts shall adopt
20and implement a policy and protocol to ensure that all
21information concerning a youth's status and related
22experiences as a parent, expectant parent, or victim of
23domestic or sexual violence provided to the school or school
24district or its employees or agents pursuant to this Code or
25otherwise, including a statement of the youth or any other

 

 

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1documentation, record, or corroborating evidence and the fact
2that the youth has requested or obtained assistance,
3accommodations, or services pursuant to this Code, shall be
4retained in the strictest confidence by the school or school
5district or its employees or agents and shall not be disclosed
6to any other individual, including any other employee, except
7to the extent that disclosure is (i) requested or consented to
8in writing by the youth or the youth's parent or guardian, if
9it is safe to obtain written consent of the youth's parent or
10guardian, or (ii) otherwise required by applicable federal or
11State law. Prior to disclosing information about a student's
12status as a parent, expectant parent, or victim of domestic or
13sexual violence, the school shall notify the student and
14discuss and address any safety concerns related to such
15disclosure, including instances where the student indicates or
16the school or school district or its employees or agents are
17otherwise aware that the student's health or safety may be at
18risk if disclosed to the student's parent or legal guardian. No
19youth shall be required to testify publicly concerning his or
20her status as a victim of domestic or sexual violence,
21allegations of domestic or sexual violence, his or her status
22as a parent or expectant parent, or the youth's efforts to
23enforce any of his or her rights under provisions in this Code
24relating to youth who are parents, expectant parents, or
25victims of domestic or sexual violence.
26    In the case of domestic or sexual violence, the person

 

 

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1named to be the perpetrator, the perpetrator's family, or any
2other person named by the youth or named by the youth's parent
3or guardian to be unsafe to contact must not be contacted to
4verify the abuse. The perpetrator, the perpetrator's family, or
5any other person named by the youth or the youth's parent or
6guardian to be unsafe must not be contacted for any other
7reason without written permission of the youth or written
8permission of the youth's parent or guardian. Permission of the
9youth's parent or guardian shall not be pursued when the youth
10alleges that his or her health or safety would be threatened if
11the school or school district contacts the youth's parent or
12guardian to obtain written permission. School districts shall
13take all actions necessary to comply with this Section no later
14than January 1, 2014.
 
15    (105 ILCS 5/10-40 new)
16    Sec. 10-40. Ombudsperson.
17    (a) Each school district shall designate or appoint at
18least one staff person at each school in the district who is
19employed at least half-time at the school and who is a school
20social worker, psychologist, counselor, nurse, or
21administrator trained to address in a culturally competent,
22confidential, and sensitive manner the needs of children and
23youth who are parents, expectant parents, or victims of
24domestic or sexual violence.
25    Designated or appointed staff shall be responsible for,

 

 

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1without limitation, all of the following activities:
2        (1) Communicating with and listening to youth who are
3    parents, expectant parents, or victims of domestic or
4    sexual violence.
5        (2) Connecting such youth to appropriate in-school
6    services and other agencies, programs, and services as
7    needed.
8        (3) Coordinating and monitoring the implementation of
9    the school and school district's policies, procedures, and
10    protocols in cases involving student allegations of
11    domestic or sexual violence.
12        (4) Coordinating and monitoring the implementation of
13    the school and school district's policies, procedures, and
14    protocols as set forth in provisions of this Code
15    concerning students who are parents, expectant parents, or
16    victims of domestic or sexual violence.
17        (5) Assisting such youth in their efforts to exercise
18    and preserve their rights as set forth in provisions of
19    this Code concerning students who are parents, expectant
20    parents, or victims of domestic or sexual violence.
21        (6) Assisting in providing staff development to
22    establish a positive and sensitive learning environment
23    for such youth.
24    (b) Designated or appointed staff shall (i) be trained to
25understand, provide information and referrals, and address
26issues pertaining to youth who are parents, expectant parents,

 

 

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1or victims of domestic or sexual violence, including the
2theories and dynamics of domestic and sexual violence, the
3necessity for confidentiality and the law, policy, procedures,
4and protocols implementing confidentiality, and the
5notification of such youth's parent or guardian regarding the
6youth's status as a parent, expectant parent, or victim of
7domestic or sexual violence or the enforcement of such youth's
8rights under this Code when such notice of the youth's status
9or the involvement of such youth's parent or guardian may put
10the health or safety of the youth at risk; or (ii) at a
11minimum, have participated in an in-service training program
12under subsection (d) of Section 10-22.39 of this Code within
13the 12 months prior to designation or appointment.
14    (c) School districts shall designate or appoint and train
15all ombudspersons, and such personnel shall assist in
16implementing the duties described in this Section no later than
17April 1, 2014, except in those school districts where there
18exists a collective bargaining agreement at the time this
19Section becomes effective and where implementation of this
20Section would be a violation of that collective bargaining
21agreement on or before April 1, 2014. In the event
22implementation of some activities required under this Section
23is prevented by an existing collective bargaining agreement,
24school districts must comply with this Section to the fullest
25extent allowed by the existing collective bargaining agreement
26no later than April 1, 2014. In those instances where a

 

 

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1collective bargaining agreement, which either fully or
2partially prevents full implementation of this Section,
3expires after April 1, 2014, school districts shall designate
4or appoint and train all ombudspersons, who shall implement the
5duties described in this Section no later than the effective
6date of the new collective bargaining agreement that
7immediately succeeds the collective bargaining agreement in
8effect at the time this Section becomes effective.
9    (d) This Section applies to all schools and school
10districts, including special charter schools and districts and
11schools and districts organized under Article 33 or 34 of this
12Code.
 
13    (105 ILCS 5/10-45 new)
14    Sec. 10-45. Accommodations and services.
15    (a) To facilitate the full participation of youth who are
16parents, expectant parents, or victims of domestic or sexual
17violence, schools and school districts shall provide these
18youth with reasonable accommodations and adjustments in school
19policy and practice, in-school support services, access to
20non-school based support services, and the ability to make up
21work missed on account of circumstances related to the youth's
22status as a parent, expectant parent, or victim of domestic or
23sexual violence. Victims of domestic or sexual violence shall
24have access to these accommodations and services regardless of
25when or where the violence for which they are seeking

 

 

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1accommodations or services occurred. All accommodations and
2services shall be continued for as long as necessary to
3maintain the mental and physical well-being and safety of the
4youth.
5    (b) Reasonable accommodations and adjustments shall
6include, but not be limited to, the provision of sufficiently
7private settings to ensure confidentiality and time off from
8class for meetings with counselors or other service providers;
9assisting the youth in creating a student success plan;
10transfer of the victim of domestic or sexual violence or the
11student perpetrator to a different classroom or school; change
12of seating assignment; implementation of in-school, school
13grounds, and bus safety procedures; honoring court orders,
14including orders of protection and no-contact orders; and any
15other accommodation that may facilitate the full participation
16in the regular education program of youth who are parents,
17expectant parents, or victims of domestic or sexual violence.
18    (c) If a youth who is a parent, expectant parent, or victim
19of domestic or sexual violence is at risk of academic failure
20or displays poor academic performance, the youth or the youth's
21parent or guardian may request that the school and school
22district provide the youth with or refer the youth to education
23and support services designed to assist the youth in meeting
24State learning standards. Schools and school districts may
25either provide education or support services directly or may
26collaborate with public or private State, local, or

 

 

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1community-based organizations or agencies that provide these
2services. Schools and school districts shall also assist youth
3who are parents, expectant parents, or victims of domestic or
4sexual violence in accessing the support services of non-school
5based organizations and agencies where such youth typically
6receive services in the community.
7    (d) Any youth who is unable, because of circumstances
8related to the youth's status as a parent, expectant parent, or
9victim of domestic or sexual violence, to participate in
10classes on a particular day or days or at a particular time of
11day must be excused from any examination or any study or work
12assignments on such particular day or days or at such
13particular time of day. It is the responsibility of the
14teachers and of the school administrative personnel and
15officials to make available to each youth who is unable to
16participate because of circumstances related to the youth's
17status as a parent, expectant parent, or victim of domestic or
18sexual violence a meaningful opportunity to make up any
19examination, study, or work requirements that he or she has
20missed because of such inability to participate on any
21particular day or days or at any particular time of day.
22    Costs assessed by a school or school district on youth for
23participation in such activities shall be considered savable
24fees for any youth whose parents or guardians are unable to
25afford them, consistent with the provisions of Section 10-20.13
26of this Code. School districts shall adopt written policies and

 

 

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1procedures for waiver of such fees in accordance with rules
2adopted by the State Board of Education.
3    (e) When a school or school district employee or agent
4becomes aware of or suspects a youth's status as a parent,
5expectant parent, or victim of domestic or sexual violence, it
6is the responsibility of the employee or agent of the school or
7school district to inform the youth of the available services
8and accommodations at school and in the community that may
9assist the youth in maintaining his or her full educational
10participation and his or her successful performance. The school
11or school district employee or agent shall also refer the youth
12to the school district's specially trained personnel as set
13forth in Section 10-40 of this Code. Respecting youth privacy,
14confidentiality, mental and physical health, and safety shall
15be the paramount concern.
16    (f) Schools shall honor a youth's decision to obtain
17education and support services, accommodations, and non-school
18based support services, to terminate the receipt of such
19services, or to decline participation in such services. No
20youth is obligated to use education and support services,
21accommodations, or non-school based support services. In
22developing accommodations, adjustments, or educational support
23services, the privacy, mental and physical health, and safety
24of the youth shall be the paramount concern. No adverse or
25prejudicial effects may result to any youth because of his or
26her availing himself or herself of or declining the provisions

 

 

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1of this Section.
2    (g) Any support services must be available to youth
3receiving education and support services in any school or by
4home or hospital instruction.
5    (h) Individual, peer, group, and family counseling
6services or psychotherapy shall be available consistent with
7the provisions of the Mental Health and Developmental
8Disabilities Code.
 
9    (105 ILCS 5/13A-11)
10    Sec. 13A-11. Chicago public schools.
11    (a) The Chicago Board of Education may establish
12alternative schools within Chicago and may contract with third
13parties for services otherwise performed by employees,
14including those in a bargaining unit, in accordance with
15Sections 34-8.1, 34-18, and 34-49.
16    (b) Alternative schools operated by third parties within
17Chicago shall be exempt from all provisions of the School Code,
18except provisions concerning:
19        (1) Student civil rights;
20        (2) Staff civil rights;
21        (3) Health and safety;
22        (4) Performance and financial audits;
23        (5) The Illinois Goals Assessment Program;
24        (6) Chicago learning outcomes;
25        (7) Sections 2-3.25a through 2-3.25j of the School

 

 

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1    Code;
2        (8) The Inspector General; and
3        (9) Section 34-2.4b of the School Code; and .
4        (10) Children and youth who are parents, expectant
5    parents, or victims of domestic or sexual violence.
6(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
 
7    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
8    Sec. 26-2a. A "truant" is defined as a child subject to
9compulsory school attendance and who is absent without valid
10cause from such attendance for a school day or portion thereof.
11    "Valid cause" for absence shall be illness, attendance at
12pregnancy-related medical appointments, observance of a
13religious holiday, death in the immediate family, family
14emergency, fulfillment of the student's parenting
15responsibilities (including, but not limited to, arranging and
16providing child care, caring for the student's sick child, and
17attending medical appointments for the student's child), or
18addressing circumstances resulting from domestic or sexual
19violence (including, but not limited to, experiencing domestic
20or sexual violence, recovering from physical or psychological
21injuries, seeking medical attention, seeking services from a
22domestic or sexual victim services organization, seeking
23psychological or other counseling, participating in safety
24planning, temporarily or permanently relocating, seeking legal
25assistance or remedies, or taking other actions to increase the

 

 

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1safety or health of the student or to protect the student from
2future domestic or sexual violence) and shall include such
3other situations beyond the control of the student as
4determined by the board of education in each district, or such
5other circumstances which cause reasonable concern to the
6parent or the student for the safety or health of the student.
7    "Chronic or habitual truant" shall be defined as a child
8who is subject to compulsory school attendance and who is
9absent without valid cause from such attendance for 5% or more
10of the previous 180 regular attendance days.
11    "Truant minor" is defined as a chronic truant to whom
12supportive services, including prevention, diagnostic,
13intervention and remedial services, alternative programs and
14other school and community resources have been provided and
15have failed to result in the cessation of chronic truancy, or
16have been offered and refused.
17    A "dropout" is defined as any child enrolled in grades 9
18through 12 whose name has been removed from the district
19enrollment roster for any reason other than the student's
20death, extended illness, removal for medical non-compliance,
21expulsion, aging out, graduation, or completion of a program of
22studies and who has not transferred to another public or
23private school and is not known to be home-schooled by his or
24her parents or guardians or continuing school in another
25country.
26    "Religion" for the purposes of this Article, includes all

 

 

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1aspects of religious observance and practice, as well as
2belief.
3(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
 
4    (105 ILCS 5/27A-5)
5    Sec. 27A-5. Charter school; legal entity; requirements.
6    (a) A charter school shall be a public, nonsectarian,
7nonreligious, non-home based, and non-profit school. A charter
8school shall be organized and operated as a nonprofit
9corporation or other discrete, legal, nonprofit entity
10authorized under the laws of the State of Illinois.
11    (b) A charter school may be established under this Article
12by creating a new school or by converting an existing public
13school or attendance center to charter school status. Beginning
14on the effective date of this amendatory Act of the 93rd
15General Assembly, in all new applications submitted to the
16State Board or a local school board to establish a charter
17school in a city having a population exceeding 500,000,
18operation of the charter school shall be limited to one campus.
19The changes made to this Section by this amendatory Act of the
2093rd General Assembly do not apply to charter schools existing
21or approved on or before the effective date of this amendatory
22Act.
23    (c) A charter school shall be administered and governed by
24its board of directors or other governing body in the manner
25provided in its charter. The governing body of a charter school

 

 

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1shall be subject to the Freedom of Information Act and the Open
2Meetings Act.
3    (d) A charter school shall comply with all applicable
4health and safety requirements applicable to public schools
5under the laws of the State of Illinois.
6    (e) Except as otherwise provided in the School Code, a
7charter school shall not charge tuition; provided that a
8charter school may charge reasonable fees for textbooks,
9instructional materials, and student activities.
10    (f) A charter school shall be responsible for the
11management and operation of its fiscal affairs including, but
12not limited to, the preparation of its budget. An audit of each
13charter school's finances shall be conducted annually by an
14outside, independent contractor retained by the charter
15school. Annually, by December 1, every charter school must
16submit to the State Board a copy of its audit and a copy of the
17Form 990 the charter school filed that year with the federal
18Internal Revenue Service.
19    (g) A charter school shall comply with all provisions of
20this Article, the Illinois Educational Labor Relations Act, and
21its charter. A charter school is exempt from all other State
22laws and regulations in the School Code governing public
23schools and local school board policies, except the following:
24        (1) Sections 10-21.9 and 34-18.5 of the School Code
25    regarding criminal history records checks and checks of the
26    Statewide Sex Offender Database and Statewide Murderer and

 

 

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1    Violent Offender Against Youth Database of applicants for
2    employment;
3        (2) Sections 24-24 and 34-84A of the School Code
4    regarding discipline of students;
5        (3) The Local Governmental and Governmental Employees
6    Tort Immunity Act;
7        (4) Section 108.75 of the General Not For Profit
8    Corporation Act of 1986 regarding indemnification of
9    officers, directors, employees, and agents;
10        (5) The Abused and Neglected Child Reporting Act;
11        (6) The Illinois School Student Records Act;
12        (7) Section 10-17a of the School Code regarding school
13    report cards; and
14        (8) The P-20 Longitudinal Education Data System Act;
15    and .
16        (9) All provisions concerning students who are
17    parents, expectant parents, or victims of domestic or
18    sexual violence.
19    The change made by Public Act 96-104 to this subsection (g)
20is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert

 

 

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1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required to
4perform in order to carry out the terms of its charter.
5However, a charter school that is established on or after the
6effective date of this amendatory Act of the 93rd General
7Assembly and that operates in a city having a population
8exceeding 500,000 may not contract with a for-profit entity to
9manage or operate the school during the period that commences
10on the effective date of this amendatory Act of the 93rd
11General Assembly and concludes at the end of the 2004-2005
12school year. Except as provided in subsection (i) of this
13Section, a school district may charge a charter school
14reasonable rent for the use of the district's buildings,
15grounds, and facilities. Any services for which a charter
16school contracts with a school district shall be provided by
17the district at cost. Any services for which a charter school
18contracts with a local school board or with the governing body
19of a State college or university or public community college
20shall be provided by the public entity at cost.
21    (i) In no event shall a charter school that is established
22by converting an existing school or attendance center to
23charter school status be required to pay rent for space that is
24deemed available, as negotiated and provided in the charter
25agreement, in school district facilities. However, all other
26costs for the operation and maintenance of school district

 

 

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1facilities that are used by the charter school shall be subject
2to negotiation between the charter school and the local school
3board and shall be set forth in the charter.
4    (j) A charter school may limit student enrollment by age or
5grade level.
6    (k) If the charter school is approved by the Commission,
7then the Commission charter school is its own local education
8agency.
9(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09;
1096-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff.
117-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff.
127-13-12.)
 
13    (105 ILCS 5/34-18.24)
14    Sec. 34-18.24. Transfer of students.
15    (a) The board shall establish and implement a policy
16governing the transfer of a student from one attendance center
17to another within the school district upon the request of the
18student's parent or guardian. Any request by a parent or
19guardian to transfer his or her child from one attendance
20center to another within the school district pursuant to
21Section 1116 of the federal Elementary and Secondary Education
22Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30
23days after the parent or guardian receives notice of the right
24to transfer pursuant to that law. A student may not transfer to
25any of the following attendance centers, except by change in

 

 

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1residence if the policy authorizes enrollment based on
2residence in an attendance area or unless approved by the board
3on an individual basis:
4        (1) An attendance center that exceeds or as a result of
5    the transfer would exceed its attendance capacity.
6        (2) An attendance center for which the board has
7    established academic criteria for enrollment if the
8    student does not meet the criteria, provided that the
9    transfer must be permitted if the attendance center is the
10    only attendance center serving the student's grade that has
11    not been identified for school improvement, corrective
12    action, or restructuring under Section 1116 of the federal
13    Elementary and Secondary Education Act of 1965 (20 U.S.C.
14    Sec. 6317).
15        (3) Any attendance center if the transfer would prevent
16    the school district from meeting its obligations under a
17    State or federal law, court order, or consent decree
18    applicable to the school district.
19    (b) The board shall establish and implement a policy
20governing the transfer of students within the school district
21from a persistently dangerous attendance center to another
22attendance center in that district that is not deemed to be
23persistently dangerous. In order to be considered a
24persistently dangerous attendance center, the attendance
25center must meet all of the following criteria for 2
26consecutive years:

 

 

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1        (1) Have greater than 3% of the students enrolled in
2    the attendance center expelled for violence-related
3    conduct.
4        (2) Have one or more students expelled for bringing a
5    firearm to school as defined in 18 U.S.C. 921.
6        (3) Have at least 3% of the students enrolled in the
7    attendance center exercise the individual option to
8    transfer attendance centers pursuant to subsection (c) of
9    this Section.
10    (c) A student may transfer from one attendance center to
11another attendance center within the district if the student is
12a victim of a violent crime as defined in Section 3 of the
13Rights of Crime Victims and Witnesses Act. The violent crime
14must have occurred on school grounds during regular school
15hours or during a school-sponsored event. A student who is a
16victim of domestic or sexual violence, regardless of when the
17violence occurred, whether or not the domestic or sexual
18violence is the subject of a criminal investigation or the
19student's perpetrator has been criminally charged or convicted
20of a crime, whether or not an order of protection or a
21no-contact order is pending before or issued by a court, and
22whether or not any domestic or sexual violence took place on
23school grounds during regular school hours or during a
24school-sponsored event, shall be permitted to transfer schools
25immediately and as needed, including to another school
26district, if the student's continued attendance at a particular

 

 

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1school facility or location poses a risk to his or her mental
2or physical well-being or safety. School districts shall waive
3tuition for youth who transfer into a school district in which
4the youth is a nonresident to accommodate the mental or
5physical well-being or safety concerns of the youth who is a
6victim of domestic or sexual violence. A student who transfers
7due to domestic or sexual violence must have full access to
8extracurricular activities and any programs or activities
9offered by or under the auspices of the school to which the
10student has transferred. No adverse or prejudicial effects may
11result to any student who is a victim of domestic or sexual
12violence.
13    (d) Transfers made pursuant to subsections (b) and (c) of
14this Section shall be made in compliance with the federal No
15Child Left Behind Act of 2001 (Public Law 107-110).
16(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)
 
17    Section 10. The Illinois School Student Records Act is
18amended by changing Section 5 as follows:
 
19    (105 ILCS 10/5)  (from Ch. 122, par. 50-5)
20    Sec. 5. (a) A parent or any person specifically designated
21as a representative by a parent shall have the right to inspect
22and copy all school student permanent and temporary records of
23that parent's child, except where a student is a parent,
24expectant parent, or victim of domestic or sexual violence. All

 

 

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1information concerning a student's status and related
2experiences as a parent, expectant parent, or victim of
3domestic or sexual violence, including a statement of the
4student or any other documentation, record, or corroborating
5evidence and the fact that the student has requested or
6obtained assistance, accommodations, or services related to
7that status, shall be retained in the strictest confidence. The
8information contained in the student's permanent or temporary
9record may be disclosed if, prior to disclosing the information
10about a student's status as a parent, expectant parent, or
11victim of domestic or sexual violence, the school or school
12district notifies the student and discusses and addresses any
13health or safety concerns related to such disclosure. If the
14health or safety concerns cannot be satisfied to the student's
15satisfaction, the information concerning the student's status
16and related experiences as a parent, expectant parent, or
17victim of domestic or sexual violence shall not be disclosed as
18part of the student's permanent or temporary record. A student
19shall have the right to inspect and copy his or her school
20student permanent record. No person who is prohibited by an
21order of protection from inspecting or obtaining school records
22of a student pursuant to the Illinois Domestic Violence Act of
231986, as now or hereafter amended, shall have any right of
24access to, or inspection of, the school records of that
25student. If a school's principal or person with like
26responsibilities or his designee has knowledge of such order of

 

 

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1protection, the school shall prohibit access or inspection of
2the student's school records by such person.
3    (b) Whenever access to any person is granted pursuant to
4paragraph (a) of this Section, at the option of either the
5parent or the school a qualified professional, who may be a
6psychologist, counsellor or other advisor, and who may be an
7employee of the school or employed by the parent, may be
8present to interpret the information contained in the student
9temporary record. If the school requires that a professional be
10present, the school shall secure and bear any cost of the
11presence of the professional. If the parent so requests, the
12school shall secure and bear any cost of the presence of a
13professional employed by the school.
14    (c) A parent's or student's request to inspect and copy
15records, or to allow a specifically designated representative
16to inspect and copy records, must be granted within a
17reasonable time, and in no case later than 15 school days after
18the date of receipt of such request by the official records
19custodian.
20    (d) The school may charge its reasonable costs for the
21copying of school student records, not to exceed the amounts
22fixed in schedules adopted by the State Board, to any person
23permitted to copy such records, except that no parent or
24student shall be denied a copy of school student records as
25permitted under this Section 5 for inability to bear the cost
26of such copying.

 

 

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1    (e) Nothing contained in this Section 5 shall make
2available to a parent or student confidential letters and
3statements of recommendation furnished in connection with
4applications for employment to a post-secondary educational
5institution or the receipt of an honor or honorary recognition,
6provided such letters and statements are not used for purposes
7other than those for which they were specifically intended, and
8        (1) were placed in a school student record prior to
9    January 1, 1975; or
10        (2) the student has waived access thereto after being
11    advised of his right to obtain upon request the names of
12    all such persons making such confidential recommendations.
13    (f) Nothing contained in this Act shall be construed to
14impair or limit the confidentiality of:
15        (1) Communications otherwise protected by law as
16    privileged or confidential, including but not limited to,
17    information communicated in confidence to a physician,
18    psychologist or other psychotherapist, school social
19    worker, school counselor, school psychologist, or school
20    social worker, school counselor, or school psychologist
21    intern who works under the direct supervision of a school
22    social worker, school counselor, or school psychologist;
23    or
24        (2) Information which is communicated by a student or
25    parent in confidence to school personnel; or
26        (3) Information which is communicated by a student,

 

 

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1    parent, or guardian to a law enforcement professional
2    working in the school, except as provided by court order.
3    (g) No school employee shall be subjected to adverse
4employment action, the threat of adverse employment action, or
5any manner of discrimination because the employee is acting or
6has acted to protect communications as privileged or
7confidential pursuant to applicable provisions of State or
8federal law or rule or regulation.
9(Source: P.A. 96-628, eff. 1-1-10.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.