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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Purpose. The purpose of this Act is to ensure | ||||||||||||||||||||||||||||||||||||||||||||||||
5 | that children and youth who are parents, expectant parents, or | ||||||||||||||||||||||||||||||||||||||||||||||||
6 | the victims of domestic or sexual violence are identified by | ||||||||||||||||||||||||||||||||||||||||||||||||
7 | schools in a manner respectful of their privacy and safety; | ||||||||||||||||||||||||||||||||||||||||||||||||
8 | treated with dignity and regard; and provided the protection, | ||||||||||||||||||||||||||||||||||||||||||||||||
9 | instruction, and related support services necessary to enable | ||||||||||||||||||||||||||||||||||||||||||||||||
10 | them to meet State educational standards and successfully | ||||||||||||||||||||||||||||||||||||||||||||||||
11 | attain a high school diploma. This Act shall be interpreted | ||||||||||||||||||||||||||||||||||||||||||||||||
12 | liberally to aid in this purpose. | ||||||||||||||||||||||||||||||||||||||||||||||||
13 | Section 5. The School Code is amended by changing Sections | ||||||||||||||||||||||||||||||||||||||||||||||||
14 | 1-3, 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 26-2a, 27A-5, and | ||||||||||||||||||||||||||||||||||||||||||||||||
15 | 34-18.24 and by adding Sections 10-30, 10-35, 10-40, and 10-45 | ||||||||||||||||||||||||||||||||||||||||||||||||
16 | as follows:
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17 | (105 ILCS 5/1-3) (from Ch. 122, par. 1-3)
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18 | Sec. 1-3. Definitions.
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19 | (a) In this Code: | ||||||||||||||||||||||||||||||||||||||||||||||||
20 | The terms "common schools", "free schools" and "public | ||||||||||||||||||||||||||||||||||||||||||||||||
21 | schools" are used
interchangeably to apply to any school | ||||||||||||||||||||||||||||||||||||||||||||||||
22 | operated by authority of this Act.
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1 | "School board" means the governing body of any district | ||||||
2 | created or
operating under authority of this Act, including | ||||||
3 | board of school directors
and board of education. When the | ||||||
4 | context so indicates it also means the
governing body of any | ||||||
5 | non-high school district and of any special charter
district, | ||||||
6 | including board of school inspectors.
| ||||||
7 | "Special charter district" means any city, township or | ||||||
8 | district
organized into a school district, under a special Act | ||||||
9 | or charter of the
General Assembly or in which schools are now | ||||||
10 | managed and operating within
such unit in whole or in part | ||||||
11 | under the terms of such special Act or
charter.
| ||||||
12 | (b) In provisions of this Code relating to children and | ||||||
13 | youth who are parents, expectant parents, or victims of | ||||||
14 | domestic or sexual violence: | ||||||
15 | "At risk of academic failure" means a student who is at | ||||||
16 | risk of failing to meet State learning standards or failing to | ||||||
17 | graduate from elementary or high school and who demonstrates a | ||||||
18 | need for educational support or social services beyond those | ||||||
19 | provided by the regular school program. | ||||||
20 | "Domestic or sexual violence" means domestic violence, | ||||||
21 | sexual assault, sexual harassment, or stalking. Domestic or | ||||||
22 | sexual violence may occur through electronic communication. | ||||||
23 | Domestic or sexual violence exists regardless of when the | ||||||
24 | violence occurred, whether or not the domestic or sexual | ||||||
25 | violence is the subject of a criminal investigation or the | ||||||
26 | perpetrator has been criminally charged or convicted of a |
| |||||||
| |||||||
1 | crime, whether or not an order of protection or a no-contact | ||||||
2 | order is pending before or has been issued by a court, and | ||||||
3 | whether or not any domestic or sexual violence took place on | ||||||
4 | school grounds during regular school hours or during a | ||||||
5 | school-sponsored event. Consent to any act that may constitute | ||||||
6 | domestic or sexual violence means a freely given agreement to | ||||||
7 | the act. Lack of verbal or physical resistance or submission by | ||||||
8 | the victim does not constitute consent, and the manner of dress | ||||||
9 | of the victim does not constitute consent. For purposes of | ||||||
10 | children and youth asserting their rights under provisions | ||||||
11 | relating to domestic or sexual violence in Sections 10-21.3a, | ||||||
12 | 10-22.6, 10-22.6a, 10-45 (verification may be required for | ||||||
13 | accommodations only, such as a change in classroom, not for | ||||||
14 | services), 26-2, 26-2a, and 34-18.24, a school district may | ||||||
15 | require verification. Any one of the following shall be | ||||||
16 | acceptable verification of a child's or youth's claim of | ||||||
17 | domestic 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 | ||||||
7 | family, or any other person named by the youth or named by the | ||||||
8 | youth's parent or guardian to be unsafe to contact must not be | ||||||
9 | contacted to verify the abuse. The perpetrator, the | ||||||
10 | perpetrator's family, or any other person named by the youth or | ||||||
11 | the youth's parent or guardian to be unsafe must not be | ||||||
12 | contacted for any other reason without written permission of | ||||||
13 | the youth or written permission of the youth's parent or | ||||||
14 | guardian. Permission of the youth's parent or guardian shall | ||||||
15 | not be pursued when the youth alleges that his or her health or | ||||||
16 | safety would be threatened if the school or school district | ||||||
17 | contacts the youth's parent or guardian to obtain written | ||||||
18 | permission. | ||||||
19 | The youth or the youth's parent or guardian may choose | ||||||
20 | which form of documentation is submitted as acceptable | ||||||
21 | verification. A youth who has provided acceptable verification | ||||||
22 | that he or she is or has been a victim of domestic or sexual | ||||||
23 | violence shall not be required to provide any additional | ||||||
24 | verification if the youth's efforts to assert rights under this | ||||||
25 | Code stem from a claim involving the same perpetrator. This | ||||||
26 | applies to all schools and school districts, including special |
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| |||||||
1 | charter districts and districts organized under Article 33 or | ||||||
2 | 34 of this Code. | ||||||
3 | "Domestic or sexual violence organization" means a | ||||||
4 | nonprofit, nongovernmental organization that provides | ||||||
5 | assistance to victims of domestic or sexual violence or to | ||||||
6 | advocates for such victims, including an organization carrying | ||||||
7 | out a domestic or sexual violence program; an organization | ||||||
8 | operating a shelter or a rape crisis center or providing | ||||||
9 | counseling services; or an organization that seeks to eliminate | ||||||
10 | domestic or sexual violence or address the consequences of such | ||||||
11 | violence for its victims through legislative advocacy or policy | ||||||
12 | change, public education, or service collaboration. | ||||||
13 | "Domestic violence" means abuse, as defined in Section 103 | ||||||
14 | of the Illinois Domestic Violence Act of 1986, by a family or | ||||||
15 | household member, as defined in Section 103 of the Illinois | ||||||
16 | Domestic Violence Act of 1986. | ||||||
17 | "Electronic communication" includes communications via | ||||||
18 | telephone, mobile phone, computer, e-mail, video recorder, fax | ||||||
19 | machine, telex, or pager or any other electronic communication | ||||||
20 | as defined in Section 12-7.5 of the Criminal Code of 2012. | ||||||
21 | "Equivalent educational experience" means an educational | ||||||
22 | experience that is designed to promote a youth's continued | ||||||
23 | learning and re-integration into the classroom and regular | ||||||
24 | education program. | ||||||
25 | "Expectant parent" means a student who is pregnant or a | ||||||
26 | student who intends to act as a parent and seeks services for |
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1 | teen parents and who has not yet received a diploma for | ||||||
2 | completion of secondary education, as defined in Section 22-22 | ||||||
3 | of this Code. | ||||||
4 | "Harassment" means unwelcome conduct of a sexual nature, | ||||||
5 | including sexual advances, requests for sexual favors, and | ||||||
6 | other verbal, nonverbal, or physical conduct of a sexual | ||||||
7 | nature, and unwelcome conduct, including verbal, nonverbal, or | ||||||
8 | physical conduct that is not sexual in nature, but is related | ||||||
9 | to a student's status as a parent, expectant parent, or victim | ||||||
10 | of domestic or sexual violence. | ||||||
11 | "Parent", as it relates to a student, means a student who | ||||||
12 | is a custodial parent or a noncustodial parent taking an active | ||||||
13 | role in the care and supervision of a child and who has not yet | ||||||
14 | received a diploma for completion of secondary education, as | ||||||
15 | defined in Section 22-22 of this Code. | ||||||
16 | "Perpetrator" means an individual who commits or is alleged | ||||||
17 | to have committed any act of domestic or sexual violence. | ||||||
18 | "Poor academic performance" means that a student has (i) | ||||||
19 | scored in the 50th percentile or below on district-administered | ||||||
20 | standardized tests; (ii) received a score on a State assessment | ||||||
21 | that does not meet standards in one or more of the fundamental | ||||||
22 | learning areas under Section 27-1 of this Code, as applicable | ||||||
23 | for the student's grade level; or (iii) not met grade-level | ||||||
24 | expectations on a district-designed assessment. | ||||||
25 | "School", for purposes of provisions of this Code relating | ||||||
26 | to children and youth who are parents, expectant parents, or |
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1 | victims of domestic or sexual violence, means without | ||||||
2 | limitation (i) a public or State-operated elementary or | ||||||
3 | secondary school; (ii) a school operated pursuant to an | ||||||
4 | agreement with a public school district, including a | ||||||
5 | cooperative or joint agreement with a governing body or board | ||||||
6 | of control; (iii) a charter school operating in compliance with | ||||||
7 | the Charter Schools Law; (iv) a school operated under Section | ||||||
8 | 13A-3 of this Code; (v) an alternative school operated by third | ||||||
9 | parties within the City of Chicago under Section 13A-11 of this | ||||||
10 | Code; (vi) an alternative learning opportunities program | ||||||
11 | operated under Article 13B of this Code; or (vii) a public | ||||||
12 | school administered by a local public agency or the Department | ||||||
13 | of Human Services operating pursuant to the authority of this | ||||||
14 | Code. | ||||||
15 | "School district", for purposes of provisions of this Code | ||||||
16 | relating to children and youth who are parents, expectant | ||||||
17 | parents, or victims of domestic or sexual violence, means any | ||||||
18 | public entity responsible for administering schools, including | ||||||
19 | districts subject to Article 33 or 34 of this Code, and | ||||||
20 | includes other entities responsible for administering public | ||||||
21 | schools, such as cooperatives, joint agreements, charter | ||||||
22 | schools, special charter districts, regional offices of | ||||||
23 | education, local agencies, and the Department of Human | ||||||
24 | Services. | ||||||
25 | "Serious health condition" means an illness, injury, | ||||||
26 | impairment, or physical or mental condition that involves |
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1 | inpatient care in a hospital, hospice, or residential medical | ||||||
2 | care facility or continuing treatment by a health care | ||||||
3 | provider. | ||||||
4 | "Sexual assault" means any conduct of an adult or minor | ||||||
5 | child proscribed in Sections 11-0.1, 11-1.20, 11-1.30, | ||||||
6 | 11-1.40, 11-1.50, and 11-1.60 of the Criminal Code of 2012, | ||||||
7 | including conduct committed by perpetrators who are strangers | ||||||
8 | to the victim and conduct committed by perpetrators who are | ||||||
9 | known or related by blood or marriage to the victim. | ||||||
10 | "Sexual violence" means sexual assault, stalking, | ||||||
11 | harassment, or any conduct proscribed in Subdivisions 5 and 10 | ||||||
12 | of Article 11 of the Criminal Code of 2012. | ||||||
13 | "Stalking" means any conduct proscribed in Sections | ||||||
14 | 12-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 2012, | ||||||
15 | including stalking committed by perpetrators who are strangers | ||||||
16 | to the victim and stalking committed by perpetrators who are | ||||||
17 | known or related by blood or marriage to the victim. | ||||||
18 | "Student" or "pupil" means any child or youth enrolled, | ||||||
19 | eligible to enroll, or previously enrolled in a school who has | ||||||
20 | not yet received a diploma for completion of secondary | ||||||
21 | education, as defined in Section 22-22 of this Code. | ||||||
22 | "Victim" means an individual who has been subjected to one | ||||||
23 | or more acts of domestic or sexual violence. The individual is | ||||||
24 | a "victim" of domestic or sexual violence regardless of when | ||||||
25 | the violence occurred, whether or not the domestic or sexual | ||||||
26 | violence is the subject of a criminal investigation or the |
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| |||||||
1 | perpetrator has been criminally charged or convicted of a | ||||||
2 | crime, whether or not an order of protection or a no-contact | ||||||
3 | order is pending before or has been issued by a court, and | ||||||
4 | whether or not any domestic or sexual violence took place on | ||||||
5 | school grounds during regular school hours or during a | ||||||
6 | school-sponsored event. | ||||||
7 | "Youth", except as otherwise provided in this Code, means a | ||||||
8 | child, student, or juvenile below the age of 21 years who has | ||||||
9 | not yet completed his or her prescribed course of study or has | ||||||
10 | not received a diploma for completion of secondary education, | ||||||
11 | as defined in Section 22-22 of this Code. "Youth" includes, but | ||||||
12 | is not limited to, unaccompanied youth not in the physical | ||||||
13 | custody of a parent or guardian. | ||||||
14 | The definitions under this subsection (b) apply to all | ||||||
15 | schools and school districts, including special charter | ||||||
16 | districts and districts organized under Article 33 or 34 of | ||||||
17 | this Code. | ||||||
18 | (Source: Laws 1961, p. 31.)
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19 | (105 ILCS 5/10-21.3a)
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20 | Sec. 10-21.3a. Transfer of students.
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21 | (a) Each school board shall establish and
implement a
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22 | policy governing the transfer of a student from one attendance | ||||||
23 | center to
another within the
school district upon the request | ||||||
24 | of the student's parent or guardian.
Any request by a parent or | ||||||
25 | guardian to transfer his or her child from one
attendance
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1 | center to another
within the school district pursuant to | ||||||
2 | Section 1116 of the federal Elementary
and
Secondary Education
| ||||||
3 | Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 | ||||||
4 | days after the
parent or guardian
receives notice of the right | ||||||
5 | to transfer pursuant to that law.
A
student may not transfer to | ||||||
6 | any of the following attendance centers, except by
change in
| ||||||
7 | residence if the policy authorizes enrollment based on | ||||||
8 | residence in an
attendance area
or unless approved by the board | ||||||
9 | on 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
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24 | applicable to the school district.
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25 | (b) Each school board shall establish and implement a | ||||||
26 | policy governing the
transfer of students within a school |
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1 | district from a persistently dangerous
school to another public | ||||||
2 | school in that district that is not deemed to be
persistently | ||||||
3 | dangerous.
In order to be considered a persistently dangerous | ||||||
4 | school, the
school must meet all of the following criteria for | ||||||
5 | 2 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
| ||||||
14 | another public school in that district if the student is a | ||||||
15 | victim of a violent
crime as defined in Section 3 of the Rights | ||||||
16 | of Crime Victims and Witnesses Act.
The violent crime must have | ||||||
17 | occurred on school grounds during regular school
hours or | ||||||
18 | during a school-sponsored event.
A student who is a victim of | ||||||
19 | domestic or sexual violence, regardless of when the violence | ||||||
20 | occurred, whether or not the domestic or sexual violence is the | ||||||
21 | subject of a criminal investigation or the student's | ||||||
22 | perpetrator has been criminally charged or convicted, or | ||||||
23 | whether the domestic or sexual violence occurred on school | ||||||
24 | grounds during regular school hours or during a | ||||||
25 | school-sponsored event, shall be permitted to transfer schools | ||||||
26 | immediately and as needed, including to a school in another |
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1 | school district, if the student's continued attendance at a | ||||||
2 | particular school facility or location poses a risk to his or | ||||||
3 | her mental or physical well-being or safety. School districts | ||||||
4 | shall waive tuition for children and youth who transfer into a | ||||||
5 | school district in which the child or youth is a nonresident to | ||||||
6 | accommodate the mental and physical well-being or safety | ||||||
7 | concerns of the youth who is a victim of domestic or sexual | ||||||
8 | violence. A student who transfers due to domestic or sexual | ||||||
9 | violence must have full access to extracurricular activities | ||||||
10 | and any programs or activities offered by or under the auspices | ||||||
11 | of the school to which the student has transferred. No adverse | ||||||
12 | or prejudicial effects may result to any student who is a | ||||||
13 | victim of domestic or sexual violence because of his or her | ||||||
14 | availing himself or herself of or declining the provisions of | ||||||
15 | this Section.
| ||||||
16 | (d) Transfers made pursuant to subsections (b) and (c) of | ||||||
17 | this Section shall
be made in compliance with the federal No | ||||||
18 | Child 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 | ||||||
22 | searches.
| ||||||
23 | (a) To expel pupils guilty of gross disobedience or | ||||||
24 | misconduct, including gross disobedience or misconduct | ||||||
25 | perpetuated by electronic means, and
no action shall lie |
| |||||||
| |||||||
1 | against them for such expulsion. Expulsion shall
take place | ||||||
2 | only after the parents have been requested to appear at a
| ||||||
3 | meeting of the board, or with a hearing officer appointed by | ||||||
4 | it, to
discuss their child's behavior. Such request shall be | ||||||
5 | made by registered
or certified mail and shall state the time, | ||||||
6 | place and purpose of the
meeting. The board, or a hearing | ||||||
7 | officer appointed by it, at such
meeting shall state the | ||||||
8 | reasons for dismissal and the date on which the
expulsion is to | ||||||
9 | become effective. If a hearing officer is appointed by
the | ||||||
10 | board he shall report to the board a written summary of the | ||||||
11 | evidence
heard at the meeting and the board may take such | ||||||
12 | action thereon as it
finds appropriate. An expelled pupil may | ||||||
13 | be immediately transferred to an alternative program in the | ||||||
14 | manner provided in Article 13A or 13B of this Code. A pupil | ||||||
15 | must not be denied transfer because of the expulsion, except in | ||||||
16 | cases in which such transfer is deemed to cause a threat to the | ||||||
17 | safety of students or staff in the alternative program.
| ||||||
18 | (b) To suspend or by policy to authorize the superintendent | ||||||
19 | of
the district or the principal, assistant principal, or dean | ||||||
20 | of students
of any school to suspend pupils guilty of gross | ||||||
21 | disobedience or misconduct, or
to suspend pupils guilty of | ||||||
22 | gross disobedience or misconduct on the school bus
from riding | ||||||
23 | the school bus, and no action
shall lie against them for such | ||||||
24 | suspension. The board may by policy
authorize the | ||||||
25 | superintendent of the district or the principal, assistant
| ||||||
26 | principal, or dean of students of any
school to suspend pupils |
| |||||||
| |||||||
1 | guilty of such acts for a period not to exceed
10 school days. | ||||||
2 | If a pupil is suspended due to gross disobedience or misconduct
| ||||||
3 | on a school bus, the board may suspend the pupil in excess of | ||||||
4 | 10
school
days for safety reasons. Any suspension shall be | ||||||
5 | reported immediately to the
parents or guardian of such pupil | ||||||
6 | along with a full statement of the
reasons for such suspension | ||||||
7 | and a notice of their right to a review. The school board must | ||||||
8 | be given a summary of the notice, including the reason for the | ||||||
9 | suspension and the suspension length. Upon request of the
| ||||||
10 | parents or guardian the school board or a hearing officer | ||||||
11 | appointed by
it shall review such action of the superintendent | ||||||
12 | or principal, assistant
principal, or dean of students. At such
| ||||||
13 | review the parents or guardian of the pupil may appear and | ||||||
14 | discuss the
suspension with the board or its hearing officer. | ||||||
15 | If a hearing officer
is appointed by the board he shall report | ||||||
16 | to the board a written summary
of the evidence heard at the | ||||||
17 | meeting. After its hearing or upon receipt
of the written | ||||||
18 | report of its hearing officer, the board may take such
action | ||||||
19 | as it finds appropriate. A pupil who is suspended in excess of | ||||||
20 | 20 school days may be immediately transferred to an alternative | ||||||
21 | program in the manner provided in Article 13A or 13B of this | ||||||
22 | Code. A pupil must not be denied transfer because of the | ||||||
23 | suspension, except in cases in which such transfer is deemed to | ||||||
24 | cause a threat to the safety of students or staff in the | ||||||
25 | alternative program.
| ||||||
26 | (b-5) In all suspension and expulsion proceedings, a |
| |||||||
| |||||||
1 | student may raise his or her status as a parent, expectant | ||||||
2 | parent, or victim of domestic or sexual violence, which shall | ||||||
3 | be considered as a mitigating factor in determining whether to | ||||||
4 | suspend or expel a student or in deciding the nature or | ||||||
5 | severity of the disciplinary action at any time throughout the | ||||||
6 | proceedings. An advocate or representative of the student's | ||||||
7 | choice must be permitted to represent the student throughout | ||||||
8 | the proceedings and to consult with the school board whenever | ||||||
9 | there is evidence that the student's status as a parent, | ||||||
10 | expectant parent, or victim of domestic or sexual violence may | ||||||
11 | be a factor in the cause for expulsion or suspension. A student | ||||||
12 | who raises his or her status as a victim of domestic or sexual | ||||||
13 | violence shall not be required to work out the problem directly | ||||||
14 | with the perpetrator or the perpetrator's advocate or | ||||||
15 | representative, be personally questioned or cross-examined by | ||||||
16 | the perpetrator or the perpetrator's advocate or | ||||||
17 | representative, have any contact with the perpetrator or the | ||||||
18 | perpetrator's advocate or representative, or be in the same | ||||||
19 | room as the perpetrator or the perpetrator's advocate or | ||||||
20 | representative during the proceedings. Suspension or expulsion | ||||||
21 | proceedings must be conducted independently from any ongoing | ||||||
22 | criminal investigation or proceeding, and lack of pursuit of | ||||||
23 | criminal investigations or proceedings shall not be a factor in | ||||||
24 | school disciplinary decisions. This subsection (b-5) applies | ||||||
25 | to all schools and school districts, including special charter | ||||||
26 | districts and districts organized under Article 33 or 34 of |
| |||||||
| |||||||
1 | this Code. | ||||||
2 | (c) The Department of Human Services
shall be invited to | ||||||
3 | send a representative to consult with the board at
such meeting | ||||||
4 | whenever there is evidence that mental illness may be the
cause | ||||||
5 | for expulsion or suspension.
| ||||||
6 | (d) The board may expel a student for a definite period of | ||||||
7 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
8 | case basis.
A student who
is determined to have brought one of | ||||||
9 | the following objects to school, any school-sponsored activity
| ||||||
10 | or event, or any activity or event that bears a reasonable | ||||||
11 | relationship to school shall be expelled for a period of not | ||||||
12 | less 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 |
| |||||||
| |||||||
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. | ||||||
4 | Expulsion
or suspension
shall be construed in a
manner | ||||||
5 | consistent with the Federal Individuals with Disabilities | ||||||
6 | Education
Act. A student who is subject to suspension or | ||||||
7 | expulsion as provided in this
Section may be eligible for a | ||||||
8 | transfer to an alternative school program in
accordance with | ||||||
9 | Article 13A of the School Code. The provisions of this
| ||||||
10 | subsection (d) apply in all school districts,
including special | ||||||
11 | charter districts and districts organized under Article 34.
| ||||||
12 | (d-5) The board may suspend or by regulation
authorize the | ||||||
13 | superintendent of the district or the principal, assistant
| ||||||
14 | principal, or dean of students of any
school to suspend a | ||||||
15 | student for a period not to exceed
10 school days or may expel | ||||||
16 | a student for a definite period of time not to
exceed 2 | ||||||
17 | calendar years, as determined on a case by case basis, if (i) | ||||||
18 | that student has been determined to have made an explicit | ||||||
19 | threat on an Internet website against a school employee, a | ||||||
20 | student, or any school-related personnel, (ii) the Internet | ||||||
21 | website through which the threat was made is a site that was | ||||||
22 | accessible within the school at the time the threat was made or | ||||||
23 | was available to third parties who worked or studied within the | ||||||
24 | school grounds at the time the threat was made, and (iii) the | ||||||
25 | threat could be reasonably interpreted as threatening to the | ||||||
26 | safety and security of the threatened individual because of his |
| |||||||
| |||||||
1 | or her duties or employment status or status as a student | ||||||
2 | inside the school. The provisions of this
subsection (d-5) | ||||||
3 | apply in all school districts,
including special charter | ||||||
4 | districts and districts organized under Article 34 of this | ||||||
5 | Code.
| ||||||
6 | (e) To maintain order and security in the schools, school | ||||||
7 | authorities may
inspect and search places and areas such as | ||||||
8 | lockers, desks, parking lots, and
other school property and | ||||||
9 | equipment owned or controlled by the school, as well
as | ||||||
10 | personal effects left in those places and areas by students, | ||||||
11 | without notice
to or the consent of the student, and without a | ||||||
12 | search warrant. As a matter of
public policy, the General | ||||||
13 | Assembly finds that students have no reasonable
expectation of | ||||||
14 | privacy in these places and areas or in their personal effects
| ||||||
15 | left in these places and areas. School authorities may request | ||||||
16 | the assistance
of law enforcement officials for the purpose of | ||||||
17 | conducting inspections and
searches of lockers, desks, parking | ||||||
18 | lots, and other school property and
equipment owned or | ||||||
19 | controlled by the school for illegal drugs, weapons, or
other
| ||||||
20 | illegal or dangerous substances or materials, including | ||||||
21 | searches conducted
through the use of specially trained dogs. | ||||||
22 | If a search conducted in accordance
with this Section produces | ||||||
23 | evidence that the student has violated or is
violating either | ||||||
24 | the law, local ordinance, or the school's policies or rules,
| ||||||
25 | such evidence may be seized by school authorities, and | ||||||
26 | disciplinary action may
be taken. School authorities may also |
| |||||||
| |||||||
1 | turn over such evidence to law
enforcement authorities. The | ||||||
2 | provisions of this subsection (e) apply in all
school | ||||||
3 | districts, including special charter districts and districts | ||||||
4 | organized
under Article 34.
| ||||||
5 | (f) Suspension or expulsion may include suspension or | ||||||
6 | expulsion from
school and all school activities and a | ||||||
7 | prohibition from being present on school
grounds.
| ||||||
8 | (g) A school district may adopt a policy providing that if | ||||||
9 | a student
is suspended or expelled for any reason from any | ||||||
10 | public or private school
in this or any other state, the | ||||||
11 | student must complete the entire term of
the suspension or | ||||||
12 | expulsion in an alternative school program under Article 13A of | ||||||
13 | this Code or an alternative learning opportunities program | ||||||
14 | under Article 13B of this Code before being admitted into the | ||||||
15 | school
district if there is no threat to the safety of students | ||||||
16 | or staff in the alternative program. A school district that | ||||||
17 | adopts such a policy must include a provision allowing for | ||||||
18 | consideration of a student's status as a parent, expectant | ||||||
19 | parent, or victim of domestic or sexual violence as a | ||||||
20 | mitigating factor in reviews during the disciplinary period and | ||||||
21 | exempting on a case-by-case basis those students whose status | ||||||
22 | as a parent, expectant parent, or victim of domestic or sexual | ||||||
23 | violence is a factor in the behavior that gives rise to the | ||||||
24 | suspension or expulsion. This subsection (g) applies to
all | ||||||
25 | school districts, including special charter districts and | ||||||
26 | districts
organized under Article 33 or 34 of this Code.
|
| |||||||
| |||||||
1 | (h) If a pupil is faced with either (i) suspension from | ||||||
2 | school due to gross disobedience or misconduct or suspension | ||||||
3 | from riding a school bus due to gross disobedience or | ||||||
4 | misconduct on the school bus as provided in this Section or | ||||||
5 | (ii) expulsion due to gross disobedience or misconduct as | ||||||
6 | provided in this Section and if there is a relationship between | ||||||
7 | the behavior that gives rise to the suspension or expulsion | ||||||
8 | proceedings and the pupil's status as a parent, expectant | ||||||
9 | parent, or victim of domestic or sexual violence, then the | ||||||
10 | suspension or expulsion requirement may be modified by the | ||||||
11 | district superintendent on a case-by-case basis. This | ||||||
12 | subsection (h) applies to all schools and school districts, | ||||||
13 | including special charter districts and districts organized | ||||||
14 | under Article 33 or 34 of this Code. | ||||||
15 | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | ||||||
16 | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | ||||||
17 | 97-1150, 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, | ||||||
20 | correspondence courses or
otherwise courses of instruction for | ||||||
21 | pupils who are unable to attend school
because of pregnancy and | ||||||
22 | pregnancy-related conditions, the fulfillment of parenting | ||||||
23 | obligations related to the health of the pupil's child, or | ||||||
24 | health or safety concerns arising from domestic or sexual | ||||||
25 | violence . Such instruction shall be provided to the pupil
(1) |
| |||||||
| |||||||
1 | before the birth of the child when the pupil's health care | ||||||
2 | provider physician has
indicated to the district, in writing, | ||||||
3 | that the pupil is medically unable
to attend regular classroom | ||||||
4 | instruction , and (2) for up to 3 months
following the birth of | ||||||
5 | the child or a miscarriage , (3) to care for the pupil's ill | ||||||
6 | child when the child's health care provider has indicated to | ||||||
7 | the district, in writing, that the pupil's child has a serious | ||||||
8 | health condition, that the pupil is needed to provide care to | ||||||
9 | this child, and that alternative care for the child that is | ||||||
10 | adequate and affordable is unavailable, or (4) to treat | ||||||
11 | physical or mental health complications or address safety | ||||||
12 | concerns arising from domestic or sexual violence when the | ||||||
13 | pupil's domestic or sexual violence organization or health care | ||||||
14 | provider has indicated to the school or school district, in | ||||||
15 | writing, that such care is needed and will cause an absence for | ||||||
16 | 2 or more consecutive weeks of school .
| ||||||
17 | The instruction course shall be designed to offer | ||||||
18 | educational experiences
that are equivalent to those given to | ||||||
19 | pupils at the same grade level in
the district and that are | ||||||
20 | designed to enable the pupil to return to the classroom.
| ||||||
21 | Notwithstanding any other law to the contrary, if a pupil | ||||||
22 | is unable to attend regular classes because of the reasons set | ||||||
23 | forth in this Section and if the pupil has participated in | ||||||
24 | instruction under this Section that is administered by the | ||||||
25 | school or school district, then the pupil must not be penalized | ||||||
26 | for grading purposes nor be denied course completion, a return |
| |||||||
| |||||||
1 | to regular classroom instruction, grade level advancement, or | ||||||
2 | graduation solely on the basis of the pupil's participation in | ||||||
3 | instruction under this Section or
the pupil's absence from the | ||||||
4 | regular education program during the period of instruction | ||||||
5 | under this Section. Schools and school districts shall not use | ||||||
6 | instruction under this Section in lieu of making reasonable | ||||||
7 | accommodations so that children and youth who are parents, | ||||||
8 | expectant parents, or victims of domestic or sexual violence | ||||||
9 | can 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 | ||||||
13 | and school districts shall review all existing policies and | ||||||
14 | procedures and revise any existing policies and procedures that | ||||||
15 | may act as a barrier to the immediate enrollment and | ||||||
16 | re-enrollment, attendance, graduation, and success in school | ||||||
17 | of any youth who is a parent, expectant parent, or victim of | ||||||
18 | domestic or sexual violence or any policies or procedures that | ||||||
19 | may compromise a criminal investigation relating to domestic or | ||||||
20 | sexual violence or re-victimize the youth. School districts | ||||||
21 | shall adopt new policies and procedures, as needed, to | ||||||
22 | implement this amendatory Act of the 98th General Assembly and | ||||||
23 | to ensure that immediate and effective steps are taken to | ||||||
24 | respond to youth who are parents, expectant parents, or victims | ||||||
25 | of domestic or sexual violence. School districts shall confer |
| |||||||
| |||||||
1 | with persons with expertise in youth who are parents and | ||||||
2 | expectant parents and with persons with expertise in youth who | ||||||
3 | are victims of domestic and sexual violence, including domestic | ||||||
4 | and sexual violence organizations, in the review and revision | ||||||
5 | of existing policies and procedures and the adoption and | ||||||
6 | implementation of new policies and procedures, including those | ||||||
7 | related to confidentiality, parental involvement, and a | ||||||
8 | youth's health or safety-related concerns in connection with | ||||||
9 | notifying a parent or guardian; the development and | ||||||
10 | distribution of materials related to such youth, including | ||||||
11 | outreach to youth not in school; ensuring that all materials | ||||||
12 | are age appropriate and culturally sensitive; and ensuring that | ||||||
13 | youth are notified of and understand the policies and | ||||||
14 | procedures, such as how and to whom to report any incident of | ||||||
15 | domestic or sexual violence. School districts shall take all | ||||||
16 | actions necessary to comply with this Section no later than | ||||||
17 | July 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 | ||||||
20 | and implement a policy and protocol to ensure that all | ||||||
21 | information concerning a youth's status and related | ||||||
22 | experiences as a parent, expectant parent, or victim of | ||||||
23 | domestic or sexual violence provided to the school or school | ||||||
24 | district or its employees or agents pursuant to this Code or | ||||||
25 | otherwise, including a statement of the youth or any other |
| |||||||
| |||||||
1 | documentation, record, or corroborating evidence and the fact | ||||||
2 | that the youth has requested or obtained assistance, | ||||||
3 | accommodations, or services pursuant to this Code, shall be | ||||||
4 | retained in the strictest confidence by the school or school | ||||||
5 | district or its employees or agents and shall not be disclosed | ||||||
6 | to any other individual, including any other employee, except | ||||||
7 | to the extent that disclosure is (i) requested or consented to | ||||||
8 | in writing by the youth or the youth's parent or guardian, if | ||||||
9 | it is safe to obtain written consent of the youth's parent or | ||||||
10 | guardian, or (ii) otherwise required by applicable federal or | ||||||
11 | State law. Prior to disclosing information about a student's | ||||||
12 | status as a parent, expectant parent, or victim of domestic or | ||||||
13 | sexual violence, the school shall notify the student and | ||||||
14 | discuss and address any safety concerns related to such | ||||||
15 | disclosure, including instances where the student indicates or | ||||||
16 | the school or school district or its employees or agents are | ||||||
17 | otherwise aware that the student's health or safety may be at | ||||||
18 | risk if disclosed to the student's parent or legal guardian. No | ||||||
19 | youth shall be required to testify publicly concerning his or | ||||||
20 | her status as a victim of domestic or sexual violence, | ||||||
21 | allegations of domestic or sexual violence, his or her status | ||||||
22 | as a parent or expectant parent, or the youth's efforts to | ||||||
23 | enforce any of his or her rights under provisions in this Code | ||||||
24 | relating to youth who are parents, expectant parents, or | ||||||
25 | victims of domestic or sexual violence. | ||||||
26 | In the case of domestic or sexual violence, the person |
| |||||||
| |||||||
1 | named to be the perpetrator, the perpetrator's family, or any | ||||||
2 | other person named by the youth or named by the youth's parent | ||||||
3 | or guardian to be unsafe to contact must not be contacted to | ||||||
4 | verify the abuse. The perpetrator, the perpetrator's family, or | ||||||
5 | any other person named by the youth or the youth's parent or | ||||||
6 | guardian to be unsafe must not be contacted for any other | ||||||
7 | reason without written permission of the youth or written | ||||||
8 | permission of the youth's parent or guardian. Permission of the | ||||||
9 | youth's parent or guardian shall not be pursued when the youth | ||||||
10 | alleges that his or her health or safety would be threatened if | ||||||
11 | the school or school district contacts the youth's parent or | ||||||
12 | guardian to obtain written permission. School districts shall | ||||||
13 | take all actions necessary to comply with this Section no later | ||||||
14 | than 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 | ||||||
18 | least one staff person at each school in the district who is | ||||||
19 | employed at least half-time at the school and who is a school | ||||||
20 | social worker, psychologist, counselor, nurse, or | ||||||
21 | administrator trained to address in a culturally competent, | ||||||
22 | confidential, and sensitive manner the needs of children and | ||||||
23 | youth who are parents, expectant parents, or victims of | ||||||
24 | domestic or sexual violence. | ||||||
25 | Designated or appointed staff shall be responsible for, |
| |||||||
| |||||||
1 | without 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 | ||||||
25 | understand, provide information and referrals, and address | ||||||
26 | issues pertaining to youth who are parents, expectant parents, |
| |||||||
| |||||||
1 | or victims of domestic or sexual violence, including the | ||||||
2 | theories and dynamics of domestic and sexual violence, the | ||||||
3 | necessity for confidentiality and the law, policy, procedures, | ||||||
4 | and protocols implementing confidentiality, and the | ||||||
5 | notification of such youth's parent or guardian regarding the | ||||||
6 | youth's status as a parent, expectant parent, or victim of | ||||||
7 | domestic or sexual violence or the enforcement of such youth's | ||||||
8 | rights under this Code when such notice of the youth's status | ||||||
9 | or the involvement of such youth's parent or guardian may put | ||||||
10 | the health or safety of the youth at risk; or (ii) at a | ||||||
11 | minimum, have participated in an in-service training program | ||||||
12 | under subsection (d) of Section 10-22.39 of this Code within | ||||||
13 | the 12 months prior to designation or appointment. | ||||||
14 | (c) School districts shall designate or appoint and train | ||||||
15 | all ombudspersons, and such personnel shall assist in | ||||||
16 | implementing the duties described in this Section no later than | ||||||
17 | April 1, 2014, except in those school districts where there | ||||||
18 | exists a collective bargaining agreement at the time this | ||||||
19 | Section becomes effective and where implementation of this | ||||||
20 | Section would be a violation of that collective bargaining | ||||||
21 | agreement on or before April 1, 2014. In the event | ||||||
22 | implementation of some activities required under this Section | ||||||
23 | is prevented by an existing collective bargaining agreement, | ||||||
24 | school districts must comply with this Section to the fullest | ||||||
25 | extent allowed by the existing collective bargaining agreement | ||||||
26 | no later than April 1, 2014. In those instances where a |
| |||||||
| |||||||
1 | collective bargaining agreement, which either fully or | ||||||
2 | partially prevents full implementation of this Section, | ||||||
3 | expires after April 1, 2014, school districts shall designate | ||||||
4 | or appoint and train all ombudspersons, who shall implement the | ||||||
5 | duties described in this Section no later than the effective | ||||||
6 | date of the new collective bargaining agreement that | ||||||
7 | immediately succeeds the collective bargaining agreement in | ||||||
8 | effect at the time this Section becomes effective. | ||||||
9 | (d) This Section applies to all schools and school | ||||||
10 | districts, including special charter schools and districts and | ||||||
11 | schools and districts organized under Article 33 or 34 of this | ||||||
12 | Code. | ||||||
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 | ||||||
16 | parents, expectant parents, or victims of domestic or sexual | ||||||
17 | violence, schools and school districts shall provide these | ||||||
18 | youth with reasonable accommodations and adjustments in school | ||||||
19 | policy and practice, in-school support services, access to | ||||||
20 | non-school based support services, and the ability to make up | ||||||
21 | work missed on account of circumstances related to the youth's | ||||||
22 | status as a parent, expectant parent, or victim of domestic or | ||||||
23 | sexual violence. Victims of domestic or sexual violence shall | ||||||
24 | have access to these accommodations and services regardless of | ||||||
25 | when or where the violence for which they are seeking |
| |||||||
| |||||||
1 | accommodations or services occurred. All accommodations and | ||||||
2 | services shall be continued for as long as necessary to | ||||||
3 | maintain the mental and physical well-being and safety of the | ||||||
4 | youth. | ||||||
5 | (b) Reasonable accommodations and adjustments shall | ||||||
6 | include, but not be limited to, the provision of sufficiently | ||||||
7 | private settings to ensure confidentiality and time off from | ||||||
8 | class for meetings with counselors or other service providers; | ||||||
9 | assisting the youth in creating a student success plan; | ||||||
10 | transfer of the victim of domestic or sexual violence or the | ||||||
11 | student perpetrator to a different classroom or school; change | ||||||
12 | of seating assignment; implementation of in-school, school | ||||||
13 | grounds, and bus safety procedures; honoring court orders, | ||||||
14 | including orders of protection and no-contact orders; and any | ||||||
15 | other accommodation that may facilitate the full participation | ||||||
16 | in the regular education program of youth who are parents, | ||||||
17 | expectant parents, or victims of domestic or sexual violence. | ||||||
18 | (c) If a youth who is a parent, expectant parent, or victim | ||||||
19 | of domestic or sexual violence is at risk of academic failure | ||||||
20 | or displays poor academic performance, the youth or the youth's | ||||||
21 | parent or guardian may request that the school and school | ||||||
22 | district provide the youth with or refer the youth to education | ||||||
23 | and support services designed to assist the youth in meeting | ||||||
24 | State learning standards. Schools and school districts may | ||||||
25 | either provide education or support services directly or may | ||||||
26 | collaborate with public or private State, local, or |
| |||||||
| |||||||
1 | community-based organizations or agencies that provide these | ||||||
2 | services. Schools and school districts shall also assist youth | ||||||
3 | who are parents, expectant parents, or victims of domestic or | ||||||
4 | sexual violence in accessing the support services of non-school | ||||||
5 | based organizations and agencies where such youth typically | ||||||
6 | receive services in the community. | ||||||
7 | (d) Any youth who is unable, because of circumstances | ||||||
8 | related to the youth's status as a parent, expectant parent, or | ||||||
9 | victim of domestic or sexual violence, to participate in | ||||||
10 | classes on a particular day or days or at a particular time of | ||||||
11 | day must be excused from any examination or any study or work | ||||||
12 | assignments on such particular day or days or at such | ||||||
13 | particular time of day. It is the responsibility of the | ||||||
14 | teachers and of the school administrative personnel and | ||||||
15 | officials to make available to each youth who is unable to | ||||||
16 | participate because of circumstances related to the youth's | ||||||
17 | status as a parent, expectant parent, or victim of domestic or | ||||||
18 | sexual violence a meaningful opportunity to make up any | ||||||
19 | examination, study, or work requirements that he or she has | ||||||
20 | missed because of such inability to participate on any | ||||||
21 | particular day or days or at any particular time of day. | ||||||
22 | Costs assessed by a school or school district on youth for | ||||||
23 | participation in such activities shall be considered savable | ||||||
24 | fees for any youth whose parents or guardians are unable to | ||||||
25 | afford them, consistent with the provisions of Section 10-20.13 | ||||||
26 | of this Code. School districts shall adopt written policies and |
| |||||||
| |||||||
1 | procedures for waiver of such fees in accordance with rules | ||||||
2 | adopted by the State Board of Education. | ||||||
3 | (e) When a school or school district employee or agent | ||||||
4 | becomes aware of or suspects a youth's status as a parent, | ||||||
5 | expectant parent, or victim of domestic or sexual violence, it | ||||||
6 | is the responsibility of the employee or agent of the school or | ||||||
7 | school district to inform the youth of the available services | ||||||
8 | and accommodations at school and in the community that may | ||||||
9 | assist the youth in maintaining his or her full educational | ||||||
10 | participation and his or her successful performance. The school | ||||||
11 | or school district employee or agent shall also refer the youth | ||||||
12 | to the school district's specially trained personnel as set | ||||||
13 | forth in Section 10-40 of this Code. Respecting youth privacy, | ||||||
14 | confidentiality, mental and physical health, and safety shall | ||||||
15 | be the paramount concern. | ||||||
16 | (f) Schools shall honor a youth's decision to obtain | ||||||
17 | education and support services, accommodations, and non-school | ||||||
18 | based support services, to terminate the receipt of such | ||||||
19 | services, or to decline participation in such services. No | ||||||
20 | youth is obligated to use education and support services, | ||||||
21 | accommodations, or non-school based support services. In | ||||||
22 | developing accommodations, adjustments, or educational support | ||||||
23 | services, the privacy, mental and physical health, and safety | ||||||
24 | of the youth shall be the paramount concern. No adverse or | ||||||
25 | prejudicial effects may result to any youth because of his or | ||||||
26 | her availing himself or herself of or declining the provisions |
| |||||||
| |||||||
1 | of this Section. | ||||||
2 | (g) Any support services must be available to youth | ||||||
3 | receiving education and support services in any school or by | ||||||
4 | home or hospital instruction. | ||||||
5 | (h) Individual, peer, group, and family counseling | ||||||
6 | services or psychotherapy shall be available consistent with | ||||||
7 | the provisions of the Mental Health and Developmental | ||||||
8 | Disabilities Code.
| ||||||
9 | (105 ILCS 5/13A-11)
| ||||||
10 | Sec. 13A-11. Chicago public schools.
| ||||||
11 | (a) The Chicago Board of Education may
establish | ||||||
12 | alternative schools within Chicago and may contract with third
| ||||||
13 | parties for services otherwise performed by employees, | ||||||
14 | including those in a
bargaining unit, in accordance with | ||||||
15 | Sections 34-8.1, 34-18, and 34-49.
| ||||||
16 | (b) Alternative schools operated by third parties within | ||||||
17 | Chicago shall be
exempt from all provisions of the School Code, | ||||||
18 | except 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 |
| |||||||
| |||||||
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 | ||||||
9 | compulsory school
attendance and who is absent without valid | ||||||
10 | cause from such attendance for
a school day or portion thereof. | ||||||
11 | "Valid cause" for absence shall be illness, attendance at | ||||||
12 | pregnancy-related medical appointments, observance of a | ||||||
13 | religious
holiday, death in the immediate family,
family | ||||||
14 | emergency, fulfillment of the student's parenting | ||||||
15 | responsibilities (including, but not limited to, arranging and | ||||||
16 | providing child care, caring for the student's sick child, and | ||||||
17 | attending medical appointments for the student's child), or | ||||||
18 | addressing circumstances resulting from domestic or sexual | ||||||
19 | violence (including, but not limited to, experiencing domestic | ||||||
20 | or sexual violence, recovering from physical or psychological | ||||||
21 | injuries, seeking medical attention, seeking services from a | ||||||
22 | domestic or sexual victim services organization, seeking | ||||||
23 | psychological or other counseling, participating in safety | ||||||
24 | planning, temporarily or permanently relocating, seeking legal | ||||||
25 | assistance or remedies, or taking other actions to increase the |
| |||||||
| |||||||
1 | safety or health of the student or to protect the student from | ||||||
2 | future domestic or sexual violence) and shall include such | ||||||
3 | other situations beyond the control
of the student as | ||||||
4 | determined by the board of education in each district,
or such | ||||||
5 | other circumstances which cause reasonable concern to the | ||||||
6 | parent or the student
for the safety or health of the student. | ||||||
7 | "Chronic or habitual truant" shall be defined as a child | ||||||
8 | who is subject to compulsory
school attendance and who is | ||||||
9 | absent without valid cause from such attendance
for 5% or more | ||||||
10 | of the previous 180 regular attendance days. | ||||||
11 | "Truant minor" is defined as a chronic truant to whom | ||||||
12 | supportive
services, including prevention, diagnostic, | ||||||
13 | intervention and remedial
services, alternative programs and | ||||||
14 | other school and community resources
have been provided and | ||||||
15 | have failed to result in the cessation of chronic
truancy, or | ||||||
16 | have been offered and refused. | ||||||
17 | A "dropout" is defined as any child enrolled in grades 9 | ||||||
18 | through 12 whose
name has been removed from the district | ||||||
19 | enrollment roster for any reason
other than the student's | ||||||
20 | death, extended illness, removal for medical non-compliance, | ||||||
21 | expulsion, aging out, graduation, or completion of a
program of | ||||||
22 | studies and who has not transferred to another public or | ||||||
23 | private school and is not known to be home-schooled by his or | ||||||
24 | her parents or guardians or continuing school in another | ||||||
25 | country. | ||||||
26 | "Religion" for the purposes of this Article, includes all |
| |||||||
| |||||||
1 | aspects of
religious observance and practice, as well as | ||||||
2 | belief. | ||||||
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, | ||||||
7 | nonreligious, non-home
based, and non-profit school. A charter | ||||||
8 | school shall be organized and operated
as a nonprofit | ||||||
9 | corporation or other discrete, legal, nonprofit entity
| ||||||
10 | authorized under the laws of the State of Illinois.
| ||||||
11 | (b) A charter school may be established under this Article | ||||||
12 | by creating a new
school or by converting an existing public | ||||||
13 | school or attendance center to
charter
school status.
Beginning | ||||||
14 | on the effective date of this amendatory Act of the 93rd | ||||||
15 | General
Assembly, in all new
applications submitted to the | ||||||
16 | State Board or a local school board to establish
a charter
| ||||||
17 | school in a city having a population exceeding 500,000, | ||||||
18 | operation of the
charter
school shall be limited to one campus. | ||||||
19 | The changes made to this Section by this
amendatory Act
of the | ||||||
20 | 93rd General
Assembly do not apply to charter schools existing | ||||||
21 | or approved on or before the
effective date of this
amendatory | ||||||
22 | Act.
| ||||||
23 | (c) A charter school shall be administered and governed by | ||||||
24 | its board of
directors or other governing body
in the manner | ||||||
25 | provided in its charter. The governing body of a charter school
|
| |||||||
| |||||||
1 | shall be subject to the Freedom of Information Act and the Open | ||||||
2 | Meetings Act.
| ||||||
3 | (d) A charter school shall comply with all applicable | ||||||
4 | health and safety
requirements applicable to public schools | ||||||
5 | under the laws of the State of
Illinois.
| ||||||
6 | (e) Except as otherwise provided in the School Code, a | ||||||
7 | charter school shall
not charge tuition; provided that a | ||||||
8 | charter school may charge reasonable fees
for textbooks, | ||||||
9 | instructional materials, and student activities.
| ||||||
10 | (f) A charter school shall be responsible for the | ||||||
11 | management and operation
of its fiscal affairs including,
but | ||||||
12 | not limited to, the preparation of its budget. An audit of each | ||||||
13 | charter
school's finances shall be conducted annually by an | ||||||
14 | outside, independent
contractor retained by the charter | ||||||
15 | school. Annually, by December 1, every charter school must | ||||||
16 | submit to the State Board a copy of its audit and a copy of the | ||||||
17 | Form 990 the charter school filed that year with the federal | ||||||
18 | Internal Revenue Service.
| ||||||
19 | (g) A charter school shall comply with all provisions of | ||||||
20 | this Article, the Illinois Educational Labor Relations Act, and
| ||||||
21 | its charter. A charter
school is exempt from all other State | ||||||
22 | laws and regulations in the School Code
governing public
| ||||||
23 | schools 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 |
| |||||||
| |||||||
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) | ||||||
20 | is declaratory of existing law. | ||||||
21 | (h) A charter school may negotiate and contract with a | ||||||
22 | school district, the
governing body of a State college or | ||||||
23 | university or public community college, or
any other public or | ||||||
24 | for-profit or nonprofit private entity for: (i) the use
of a | ||||||
25 | school building and grounds or any other real property or | ||||||
26 | facilities that
the charter school desires to use or convert |
| |||||||
| |||||||
1 | for use as a charter school site,
(ii) the operation and | ||||||
2 | maintenance thereof, and
(iii) the provision of any service, | ||||||
3 | activity, or undertaking that the charter
school is required to | ||||||
4 | perform in order to carry out the terms of its charter.
| ||||||
5 | However, a charter school
that is established on
or
after the | ||||||
6 | effective date of this amendatory Act of the 93rd General
| ||||||
7 | Assembly and that operates
in a city having a population | ||||||
8 | exceeding
500,000 may not contract with a for-profit entity to
| ||||||
9 | manage or operate the school during the period that commences | ||||||
10 | on the
effective date of this amendatory Act of the 93rd | ||||||
11 | General Assembly and
concludes at the end of the 2004-2005 | ||||||
12 | school year.
Except as provided in subsection (i) of this | ||||||
13 | Section, a school district may
charge a charter school | ||||||
14 | reasonable rent for the use of the district's
buildings, | ||||||
15 | grounds, and facilities. Any services for which a charter | ||||||
16 | school
contracts
with a school district shall be provided by | ||||||
17 | the district at cost. Any services
for which a charter school | ||||||
18 | contracts with a local school board or with the
governing body | ||||||
19 | of a State college or university or public community college
| ||||||
20 | shall be provided by the public entity at cost.
| ||||||
21 | (i) In no event shall a charter school that is established | ||||||
22 | by converting an
existing school or attendance center to | ||||||
23 | charter school status be required to
pay rent for space
that is | ||||||
24 | deemed available, as negotiated and provided in the charter | ||||||
25 | agreement,
in school district
facilities. However, all other | ||||||
26 | costs for the operation and maintenance of
school district |
| |||||||
| |||||||
1 | facilities that are used by the charter school shall be subject
| ||||||
2 | to negotiation between
the charter school and the local school | ||||||
3 | board and shall be set forth in the
charter.
| ||||||
4 | (j) A charter school may limit student enrollment by age or | ||||||
5 | grade level.
| ||||||
6 | (k) If the charter school is approved by the Commission, | ||||||
7 | then the Commission charter school is its own local education | ||||||
8 | agency. | ||||||
9 | (Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; | ||||||
10 | 96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. | ||||||
11 | 7-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. | ||||||
12 | 7-13-12.)
| ||||||
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 | ||||||
16 | governing the transfer of a student from one attendance center | ||||||
17 | to
another within the
school district upon the request of the | ||||||
18 | student's parent or guardian.
Any request by a parent or | ||||||
19 | guardian to transfer his or her child from one
attendance
| ||||||
20 | center to another
within the school district pursuant to | ||||||
21 | Section 1116 of the federal Elementary
and
Secondary Education
| ||||||
22 | Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 | ||||||
23 | days after the
parent or guardian
receives notice of the right | ||||||
24 | to transfer pursuant to that law.
A
student may not transfer to | ||||||
25 | any of the following attendance centers, except by
change in
|
| |||||||
| |||||||
1 | residence if the policy authorizes enrollment based on | ||||||
2 | residence in an
attendance area
or unless approved by the board | ||||||
3 | on 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 | ||||||
20 | governing the
transfer of students within the school district | ||||||
21 | from a persistently dangerous
attendance center to another | ||||||
22 | attendance center in that district that is not
deemed to be
| ||||||
23 | persistently dangerous.
In order to be considered a | ||||||
24 | persistently dangerous attendance center, the
attendance | ||||||
25 | center must meet all of the following criteria for 2 | ||||||
26 | consecutive
years:
|
| |||||||
| |||||||
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
| ||||||
11 | another attendance center within the district if the student is | ||||||
12 | a victim of a
violent
crime as defined in Section 3 of the | ||||||
13 | Rights of Crime Victims and Witnesses Act.
The violent crime | ||||||
14 | must have occurred on school grounds during regular school
| ||||||
15 | hours or during a school-sponsored event. A student who is a | ||||||
16 | victim of domestic or sexual violence, regardless of when the | ||||||
17 | violence occurred, whether or not the domestic or sexual | ||||||
18 | violence is the subject of a criminal investigation or the | ||||||
19 | student's perpetrator has been criminally charged or convicted | ||||||
20 | of a crime, whether or not an order of protection or a | ||||||
21 | no-contact order is pending before or issued by a court, and | ||||||
22 | whether or not any domestic or sexual violence took place on | ||||||
23 | school grounds during regular school hours or during a | ||||||
24 | school-sponsored event, shall be permitted to transfer schools | ||||||
25 | immediately and as needed, including to another school | ||||||
26 | district, if the student's continued attendance at a particular |
| |||||||
| |||||||
1 | school facility or location poses a risk to his or her mental | ||||||
2 | or physical well-being or safety. School districts shall waive | ||||||
3 | tuition for youth who transfer into a school district in which | ||||||
4 | the youth is a nonresident to accommodate the mental or | ||||||
5 | physical well-being or safety concerns of the youth who is a | ||||||
6 | victim of domestic or sexual violence. A student who transfers | ||||||
7 | due to domestic or sexual violence must have full access to | ||||||
8 | extracurricular activities and any programs or activities | ||||||
9 | offered by or under the auspices of the school to which the | ||||||
10 | student has transferred. No adverse or prejudicial effects may | ||||||
11 | result to any student who is a victim of domestic or sexual | ||||||
12 | violence.
| ||||||
13 | (d) Transfers made pursuant to subsections (b) and (c) of | ||||||
14 | this Section shall
be made in compliance with the federal No | ||||||
15 | Child 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 | ||||||
18 | amended 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 | ||||||
21 | as
a representative by a parent shall have the right to inspect | ||||||
22 | and
copy all school student permanent and temporary records of | ||||||
23 | that
parent's child , except where a student is a parent, | ||||||
24 | expectant parent, or victim of domestic or sexual violence. All |
| |||||||
| |||||||
1 | information concerning a student's status and related | ||||||
2 | experiences as a parent, expectant parent, or victim of | ||||||
3 | domestic or sexual violence, including a statement of the | ||||||
4 | student or any other documentation, record, or corroborating | ||||||
5 | evidence and the fact that the student has requested or | ||||||
6 | obtained assistance, accommodations, or services related to | ||||||
7 | that status, shall be retained in the strictest confidence. The | ||||||
8 | information contained in the student's permanent or temporary | ||||||
9 | record may be disclosed if, prior to disclosing the information | ||||||
10 | about a student's status as a parent, expectant parent, or | ||||||
11 | victim of domestic or sexual violence, the school or school | ||||||
12 | district notifies the student and discusses and addresses any | ||||||
13 | health or safety concerns related to such disclosure. If the | ||||||
14 | health or safety concerns cannot be satisfied to the student's | ||||||
15 | satisfaction, the information concerning the student's status | ||||||
16 | and related experiences as a parent, expectant parent, or | ||||||
17 | victim of domestic or sexual violence shall not be disclosed as | ||||||
18 | part of the student's permanent or temporary record . A student | ||||||
19 | shall have the right to inspect and copy
his or her school | ||||||
20 | student permanent record. No person who is prohibited
by an | ||||||
21 | order of protection from inspecting or obtaining school records | ||||||
22 | of a
student pursuant to the Illinois Domestic Violence Act of | ||||||
23 | 1986, as now or
hereafter amended, shall have any right of | ||||||
24 | access to, or inspection of, the
school records of that | ||||||
25 | student. If a school's principal or person with
like | ||||||
26 | responsibilities or his designee has knowledge of such order of
|
| |||||||
| |||||||
1 | protection, the school shall prohibit access or inspection of | ||||||
2 | the student's
school records by such person.
| ||||||
3 | (b) Whenever access to any person is granted pursuant
to | ||||||
4 | paragraph (a) of this Section, at the option of either the | ||||||
5 | parent or the school
a qualified professional, who may be a | ||||||
6 | psychologist, counsellor or
other advisor, and who may be an | ||||||
7 | employee of the school or employed
by the parent, may be | ||||||
8 | present to interpret the information contained
in the student | ||||||
9 | temporary record. If the school requires that a
professional be | ||||||
10 | present, the school shall secure and bear any cost of the
| ||||||
11 | presence of the professional. If the parent so requests, the | ||||||
12 | school
shall secure and bear any cost of the presence of a | ||||||
13 | professional
employed by the school.
| ||||||
14 | (c) A parent's or student's request to inspect and copy | ||||||
15 | records,
or to allow a specifically designated representative | ||||||
16 | to inspect and
copy records, must be granted within a | ||||||
17 | reasonable time, and in no case later
than 15 school days after | ||||||
18 | the date of receipt of such request by the
official records | ||||||
19 | custodian.
| ||||||
20 | (d) The school may charge its reasonable costs for the
| ||||||
21 | copying of school student records, not to exceed the amounts | ||||||
22 | fixed
in schedules adopted by the State Board, to any person | ||||||
23 | permitted
to copy such records, except that no parent or | ||||||
24 | student shall be
denied a copy of school student records as | ||||||
25 | permitted under this
Section 5 for inability to bear the cost | ||||||
26 | of such copying.
|
| |||||||
| |||||||
1 | (e) Nothing contained in this Section 5 shall make
| ||||||
2 | available to a parent or student confidential letters and
| ||||||
3 | statements of recommendation furnished in connection with
| ||||||
4 | applications for employment to a post-secondary educational
| ||||||
5 | institution or the receipt of an honor or honorary recognition,
| ||||||
6 | provided such letters and statements are not used for purposes
| ||||||
7 | other 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
| ||||||
14 | impair 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, |
| |||||||
| |||||||
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 | ||||||
4 | employment action, the threat of adverse employment action, or | ||||||
5 | any manner of discrimination
because the employee is acting or | ||||||
6 | has acted to protect communications as privileged or | ||||||
7 | confidential pursuant to applicable provisions of State or | ||||||
8 | federal 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 | ||||||
11 | becoming law.
|