Full Text of HB1330 95th General Assembly
HB1330eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 10-22.6, 10-22.6a, 10-22.39, 13A-11, 14-8.02, 26-2a, and 27A-5 | 6 |
| and by adding Article 13C as follows:
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 9 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 11 |
| misconduct, and
no action shall lie against them for such | 12 |
| expulsion. Expulsion shall
take place only after the parents | 13 |
| have been requested to appear at a
meeting of the board, or | 14 |
| with a hearing officer appointed by it, to
discuss their | 15 |
| child's behavior. Such request shall be made by registered
or | 16 |
| certified mail and shall state the time, place and purpose of | 17 |
| the
meeting. The board, or a hearing officer appointed by it, | 18 |
| at such
meeting shall state the reasons for dismissal and the | 19 |
| date on which the
expulsion is to become effective. If a | 20 |
| hearing officer is appointed by
the board he shall report to | 21 |
| the board a written summary of the evidence
heard at the | 22 |
| meeting and the board may take such action thereon as it
finds | 23 |
| appropriate.
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| (b) To suspend or by regulation to authorize the | 2 |
| superintendent of
the district or the principal, assistant | 3 |
| principal, or dean of students
of any school to suspend pupils | 4 |
| guilty of gross disobedience or misconduct, or
to suspend | 5 |
| pupils guilty of gross disobedience or misconduct on the school | 6 |
| bus
from riding the school bus, and no action
shall lie against | 7 |
| them for such suspension. The board may by regulation
authorize | 8 |
| the superintendent of the district or the principal, assistant
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| principal, or dean of students of any
school to suspend pupils | 10 |
| guilty of such acts for a period not to exceed
10 school days. | 11 |
| If a pupil is suspended due to gross disobedience or misconduct
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| on a school bus, the board may suspend the pupil in excess of | 13 |
| 10
school
days for safety reasons. Any suspension shall be | 14 |
| reported immediately to the
parents or guardian of such pupil | 15 |
| along with a full statement of the
reasons for such suspension | 16 |
| and a notice of their right to a review, a
copy of which shall | 17 |
| be given to the school board. Upon request of the
parents or | 18 |
| guardian the school board or a hearing officer appointed by
it | 19 |
| shall review such action of the superintendent or principal, | 20 |
| assistant
principal, or dean of students. At such
review the | 21 |
| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 23 |
| officer
is appointed by the board he shall report to the board | 24 |
| a written summary
of the evidence heard at the meeting. After | 25 |
| its hearing or upon receipt
of the written report of its | 26 |
| hearing officer, the board may take such
action as it finds |
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| appropriate.
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| (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.
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| (c-5) In all suspension and expulsion proceedings, a | 7 |
| student may raise his or her status as a parent, expectant | 8 |
| parent, or victim of domestic or sexual violence, which must be | 9 |
| considered as a mitigating factor in determining whether to | 10 |
| suspend or expel the student or in deciding the nature or | 11 |
| severity of the disciplinary action at any time throughout the | 12 |
| proceedings. This subsection (c-5) applies to all school | 13 |
| districts, including special charter districts and districts | 14 |
| organized under Article 34 of this Code.
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| (d) The board may expel a student for a definite period of | 16 |
| time not to
exceed 2 calendar years, as determined on a case by | 17 |
| case basis.
A student who
is determined to have brought a | 18 |
| weapon to school, any school-sponsored activity
or event, or
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| any activity or event which bears a reasonable relationship to | 20 |
| school shall
be expelled for a period of not less than
one | 21 |
| year, except that the expulsion period may be modified by the
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| superintendent, and the superintendent's determination may be | 23 |
| modified by
the board
on a case by case basis. For the purpose | 24 |
| of this Section, the term "weapon"
means (1)
possession,
use, | 25 |
| control, or transfer of any gun, rifle, shotgun, weapon as
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| defined by Section 921 of Title 18, United States Code, firearm |
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| as
defined in Section 1.1 of the Firearm Owners Identification | 2 |
| Act, or use of
a weapon as defined in Section 24-1 of the | 3 |
| Criminal Code, (2) any other
object if used or attempted to be | 4 |
| used to cause bodily harm, including but not
limited to, | 5 |
| knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of | 6 |
| any weapon as defined in this
Section. Expulsion
or suspension
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| shall be construed in a
manner consistent with the Federal | 8 |
| Individuals with Disabilities Education
Act. A student who is | 9 |
| subject to suspension or expulsion as provided in this
Section | 10 |
| may be eligible for a transfer to an alternative school program | 11 |
| in
accordance with Article 13A of the School Code. The | 12 |
| provisions of this
subsection (d) apply in all school | 13 |
| districts,
including special charter districts and districts | 14 |
| organized under Article 34.
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| (e) To maintain order and security in the schools, school | 16 |
| authorities may
inspect and search places and areas such as | 17 |
| lockers, desks, parking lots, and
other school property and | 18 |
| equipment owned or controlled by the school, as well
as | 19 |
| personal effects left in those places and areas by students, | 20 |
| without notice
to or the consent of the student, and without a | 21 |
| search warrant. As a matter of
public policy, the General | 22 |
| Assembly finds that students have no reasonable
expectation of | 23 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 25 |
| the assistance
of law enforcement officials for the purpose of | 26 |
| conducting inspections and
searches of lockers, desks, parking |
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| lots, and other school property and
equipment owned or | 2 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 4 |
| searches conducted
through the use of specially trained dogs. | 5 |
| If a search conducted in accordance
with this Section produces | 6 |
| evidence that the student has violated or is
violating either | 7 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and | 9 |
| disciplinary action may
be taken. School authorities may also | 10 |
| turn over such evidence to law
enforcement authorities. The | 11 |
| provisions of this subsection (e) apply in all
school | 12 |
| districts, including special charter districts and districts | 13 |
| organized
under Article 34.
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| (f) Suspension or expulsion may include suspension or | 15 |
| expulsion from
school and all school activities and a | 16 |
| prohibition from being present on school
grounds.
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| (g) A school district may adopt a policy providing that if | 18 |
| a student
is suspended or expelled for any reason from any | 19 |
| public or private school
in this or any other state, the | 20 |
| student must complete the entire term of
the suspension or | 21 |
| expulsion before being admitted into the school
district. A | 22 |
| school district that adopts such a policy must include a | 23 |
| provision allowing for consideration of a student's status as a | 24 |
| parent, expectant parent, or victim of domestic or sexual | 25 |
| violence as a mitigating factor in reviews during the | 26 |
| disciplinary period and exempting on a case-by-case basis those |
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| students whose status as a parent, expectant parent, or victim | 2 |
| of domestic or sexual violence is a factor in the behavior that | 3 |
| gives rise to the suspension or expulsion. This policy may | 4 |
| allow placement of the student in an alternative
school program | 5 |
| established under Article 13A of this Code, if available, for
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| the
remainder of the suspension or expulsion. This subsection | 7 |
| (g) applies to
all school districts, including special charter | 8 |
| districts and districts
organized under Article 34 of this | 9 |
| Code.
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| (h) For the purposes of this subsection (h) and subsections | 11 |
| (c-5), (g), (i), and (j) of this Section: | 12 |
| "Domestic or sexual violence organization" means a | 13 |
| nonprofit, nongovernmental organization that provides | 14 |
| assistance to victims of domestic or sexual violence or to | 15 |
| advocates for such victims, including an organization carrying | 16 |
| out a domestic or sexual violence program; an organization | 17 |
| operating a shelter or a rape crisis center or providing | 18 |
| counseling services; or an organization that seeks to eliminate | 19 |
| domestic or sexual violence through legislative advocacy or | 20 |
| policy change, public education, or service collaboration. | 21 |
| "Domestic violence" includes one or more acts or threats of | 22 |
| violence among family or household members or persons who have | 23 |
| or have had a dating or engagement relationship, not including | 24 |
| acts of self-defense or the defense of another, as "domestic | 25 |
| violence" and "family or household members" are defined in | 26 |
| Section 103 of the Illinois Domestic Violence Act of 1986. |
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| "Expectant parent" means a female who is pregnant or a male | 2 |
| who voluntarily identifies himself as the parent of an unborn | 3 |
| child by seeking services for teen parents and who has not yet | 4 |
| graduated from secondary school as provided in Section 22-22 of | 5 |
| this Code. | 6 |
| "Parent" means a person who is a custodial parent or a | 7 |
| noncustodial parent taking an active role in the care and | 8 |
| supervision of a child and who has not yet graduated from | 9 |
| secondary school as provided in Section 22-22 of this Code, | 10 |
| unless the context otherwise requires. | 11 |
| "Perpetrator" means an individual who commits or is alleged | 12 |
| to have committed any act of domestic or sexual violence. | 13 |
| "Sexual violence" means sexual assault, abuse, or stalking | 14 |
| of an adult or minor child proscribed in the Criminal Code of | 15 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 16 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 17 |
| by perpetrators who are strangers to the victim and sexual | 18 |
| violence committed by perpetrators who are known or related by | 19 |
| blood or marriage to the victim. | 20 |
| "Student" or "pupil" means any youth enrolled, eligible to | 21 |
| enroll, or previously enrolled in a school who has not yet | 22 |
| graduated from secondary school as provided in Section 22-22 of | 23 |
| this Code. | 24 |
| "Victim" means an individual who has been subjected to one | 25 |
| or more acts of domestic or sexual violence. | 26 |
| "Youth", except as otherwise provided in this Code, means a |
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| child, student, or juvenile below the age of 21 years who has | 2 |
| not yet completed his or her prescribed course of study or has | 3 |
| not graduated from secondary school as provided in Section | 4 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 5 |
| unaccompanied youth not in the physical custody of a parent or | 6 |
| guardian.
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| (i) If a pupil is faced with either (i) suspension from | 8 |
| school due to gross disobedience or misconduct or suspension | 9 |
| from riding a school bus due to gross disobedience or | 10 |
| misconduct on the school bus as provided in this Section or | 11 |
| (ii) expulsion due to gross disobedience or misconduct as | 12 |
| provided in this Section and if there is a relationship between | 13 |
| the behavior that gives rise to the suspension or expulsion | 14 |
| proceedings and the pupil's status as a parent, expectant | 15 |
| parent, or victim of domestic or sexual violence, then the | 16 |
| suspension or expulsion requirement may be modified by the | 17 |
| district superintendent on a case-by-case basis. This | 18 |
| subsection (i) applies to all school districts, including | 19 |
| special charter districts and districts organized under | 20 |
| Article 34 of this Code.
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| (j) A school district may require a youth to provide | 22 |
| verification that he or she is or has been a victim of domestic | 23 |
| or sexual violence only when a youth asserts rights under this | 24 |
| Section on the basis of domestic or sexual violence. Any one of | 25 |
| the following is acceptable verification of a youth's claim of | 26 |
| domestic or sexual violence: |
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| (1) A written statement from the youth or anyone who | 2 |
| has knowledge of the circumstances that support the youth's | 3 |
| claim. | 4 |
| (2) A police report, government agency record, or court | 5 |
| record. | 6 |
| (3) A statement or other documentation from a domestic | 7 |
| or sexual violence organization or any other organization | 8 |
| from which the youth sought services or advice. | 9 |
| (4) Documentation from a lawyer, clergy person, | 10 |
| medical professional, or other professional from whom the | 11 |
| youth sought domestic or sexual violence services or | 12 |
| advice. | 13 |
| (5) Any other evidence, such as physical evidence of | 14 |
| violence, that supports the claim. | 15 |
| A youth who has provided acceptable verification that he or she | 16 |
| is or has been a victim of domestic or sexual violence must not | 17 |
| be required to provide any additional verification if the | 18 |
| youth's efforts to assert rights under this Code stem from a | 19 |
| claim involving the same perpetrator. This subsection (j) | 20 |
| applies to all school districts, including special charter | 21 |
| districts and districts organized under Article 34 of this | 22 |
| Code.
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| (Source: P.A. 92-64, eff. 7-12-01.)
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| (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
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| Sec. 10-22.6a. To provide by home instruction, |
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| correspondence courses or
otherwise courses of instruction for | 2 |
| pupils who are unable to attend school
because of pregnancy or | 3 |
| pregnancy-related conditions, the fulfillment of parenting | 4 |
| obligations related to the health of the pupil's child, or | 5 |
| health complications and safety concerns arising from domestic | 6 |
| or sexual violence . Such instruction shall be provided to the | 7 |
| pupil
(1) before the birth of the child when the pupil's health | 8 |
| care provider
physician has
indicated to the district, in | 9 |
| writing, that the pupil is medically unable
to attend regular | 10 |
| classroom instruction ,
and (2) for up to 3 months
following the | 11 |
| birth of the child or a
miscarriage , (3) to care for the | 12 |
| pupil's ill child when the child's health care provider has | 13 |
| indicated to the district, in writing, that the pupil's child | 14 |
| has a serious health condition, that the pupil is needed to | 15 |
| provide care to this child, and that alternative care for the | 16 |
| child is unavailable, or (4) to treat physical or mental health | 17 |
| complications or address safety concerns arising from domestic | 18 |
| or sexual violence when the pupil's domestic or sexual violence | 19 |
| organization or health care provider has indicated to the | 20 |
| district, in writing, that such care is needed and will cause | 21 |
| an absence for 2 or more consecutive weeks of school . | 22 |
| The instruction course shall be designed to offer | 23 |
| educational experiences
that are equivalent to those given to | 24 |
| pupils at the same grade level in
the district and that are | 25 |
| designed to enable the pupil to return to the
classroom.
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| Notwithstanding any other law to the contrary, if a pupil |
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| is unable to attend regular classes because of the reasons set | 2 |
| forth in this Section and if the pupil has participated in | 3 |
| instruction under this Section that is administered by the | 4 |
| school district, then the pupil must not be penalized for | 5 |
| grading purposes nor be denied course completion, grade level | 6 |
| advancement, or graduation solely on the basis of the pupil's | 7 |
| absence from the regular education program during the period of | 8 |
| this instruction.
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| A school district may require a youth to provide | 10 |
| verification that he or she is or has been a victim of domestic | 11 |
| or sexual violence only when a youth asserts rights under this | 12 |
| Section on the basis of domestic or sexual violence. Any one of | 13 |
| the following is acceptable verification of a youth's claim of | 14 |
| domestic or sexual violence: | 15 |
| (1) A written statement from the youth or anyone who | 16 |
| has knowledge of the circumstances that support the youth's | 17 |
| claim. | 18 |
| (2) A police report, government agency record, or court | 19 |
| record. | 20 |
| (3) A statement or other documentation from a domestic | 21 |
| or sexual violence organization or any other organization | 22 |
| from which the youth sought services or advice. | 23 |
| (4) Documentation from a lawyer, clergy person, | 24 |
| medical professional, or other professional from whom the | 25 |
| youth sought domestic or sexual violence services or | 26 |
| advice. |
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| (5) Any other evidence, such as physical evidence of | 2 |
| violence, that supports the claim.
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| A youth who has provided acceptable verification that he or she | 4 |
| is or has been a victim of domestic or sexual violence must not | 5 |
| be required to provide any additional verification if the | 6 |
| youth's efforts to assert rights under this Code stem from a | 7 |
| claim involving the same perpetrator. | 8 |
| In this Section: | 9 |
| "Domestic or sexual violence organization" means a | 10 |
| nonprofit, nongovernmental organization that provides | 11 |
| assistance to victims of domestic or sexual violence or to | 12 |
| advocates for such victims, including an organization carrying | 13 |
| out a domestic or sexual violence program; an organization | 14 |
| operating a shelter or a rape crisis center or providing | 15 |
| counseling services; or an organization that seeks to eliminate | 16 |
| domestic or sexual violence through legislative advocacy or | 17 |
| policy change, public education, or service collaboration. | 18 |
| "Domestic violence" includes one or more acts or threats of | 19 |
| violence among family or household members or persons who have | 20 |
| or have had a dating or engagement relationship, not including | 21 |
| acts of self-defense or the defense of another, as "domestic | 22 |
| violence" and "family or household members" are defined in | 23 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 24 |
| "Perpetrator" means an individual who commits or is alleged | 25 |
| to have committed any act of domestic or sexual violence. | 26 |
| "Serious health condition" means an illness, injury, |
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| impairment, or physical or mental condition that involves | 2 |
| inpatient care in a hospital, hospice, or residential medical | 3 |
| care facility or continuing treatment by a health care | 4 |
| provider.
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| "Sexual violence" means sexual assault, abuse, or stalking | 6 |
| of an adult or minor child proscribed in the Criminal Code of | 7 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 8 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 9 |
| by perpetrators who are strangers to the victim and sexual | 10 |
| violence committed by perpetrators who are known or related by | 11 |
| blood or marriage to the victim. | 12 |
| "Student" or "pupil" means any youth enrolled, eligible to | 13 |
| enroll, or previously enrolled in a school who has not yet | 14 |
| graduated from secondary school as provided in Section 22-22 of | 15 |
| this Code. | 16 |
| "Victim" means an individual who has been subjected to one | 17 |
| or more acts of domestic or sexual violence. | 18 |
| "Youth", except as otherwise provided in this Code, means a | 19 |
| child, student, or juvenile below the age of 21 years who has | 20 |
| not yet completed his or her prescribed course of study or has | 21 |
| not graduated from secondary school as provided in Section | 22 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 23 |
| unaccompanied youth not in the physical custody of a parent or | 24 |
| guardian.
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| (Source: P.A. 84-1430.)
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| (105 ILCS 5/10-22.39) (from Ch. 122, par. 10-22.39)
| 2 |
| Sec. 10-22.39. In-service training programs. | 3 |
| (a) To conduct in-service training programs for teachers. | 4 |
| (b) In addition to
other topics at in-service training
such
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| programs, school guidance counselors, teachers and
other | 6 |
| school personnel who work with pupils in grades 7 through 12 | 7 |
| shall be
trained to identify the warning signs of suicidal | 8 |
| behavior in adolescents
and teens and shall be taught | 9 |
| appropriate intervention and referral techniques.
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| (c) School guidance counselors, nurses, teachers and other | 11 |
| school personnel
who work with pupils may be trained to have a | 12 |
| basic knowledge of matters
relating to acquired | 13 |
| immunodeficiency syndrome (AIDS), including the nature
of the | 14 |
| disease, its causes and effects, the means of detecting it and
| 15 |
| preventing its transmission, and the availability of | 16 |
| appropriate sources of
counseling and referral, and any other | 17 |
| information that may be appropriate
considering the age and | 18 |
| grade level of such pupils. The School Board shall
supervise | 19 |
| such training. The State Board of Education and the Department
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| of Public Health shall jointly develop standards for such | 21 |
| training.
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| (d) In this subsection (d): | 23 |
| "Domestic violence" includes one or more acts or threats of | 24 |
| violence among family or household members or persons who have | 25 |
| or have had a dating or engagement relationship, not including | 26 |
| acts of self-defense or the defense of another, as "domestic |
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| violence" and "family or household members" are defined in | 2 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 3 |
| "Expectant parent" means a female who is pregnant or a male | 4 |
| who voluntarily identifies himself as the parent of an unborn | 5 |
| child by seeking services for teen parents and who has not yet | 6 |
| graduated from secondary school as provided in Section 22-22 of | 7 |
| this Code. | 8 |
| "Parent" means a person who is a custodial parent or a | 9 |
| noncustodial parent taking an active role in the care and | 10 |
| supervision of a child and who has not yet graduated from | 11 |
| secondary school as provided in Section 22-22 of this Code, | 12 |
| unless the context otherwise requires. | 13 |
| "Perpetrator" means an individual who commits or is alleged | 14 |
| to have committed any act of domestic or sexual violence. | 15 |
| "Sexual violence" means sexual assault, abuse, or stalking | 16 |
| of an adult or minor child proscribed in the Criminal Code of | 17 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 18 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 19 |
| by perpetrators who are strangers to the victim and sexual | 20 |
| violence committed by perpetrators who are known or related by | 21 |
| blood or marriage to the victim. | 22 |
| "Student" or "pupil" means any youth enrolled, eligible to | 23 |
| enroll, or previously enrolled in a school who has not yet | 24 |
| graduated from secondary school as provided in Section 22-22 of | 25 |
| this Code. | 26 |
| "Victim" means an individual who has been subjected to one |
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| or more acts of domestic or sexual violence. | 2 |
| "Youth", except as otherwise provided in this Code, means a | 3 |
| child, student, or juvenile below the age of 21 years who has | 4 |
| not yet completed his or her prescribed course of study or has | 5 |
| not graduated from secondary school as provided in Section | 6 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 7 |
| unaccompanied youth not in the physical custody of a parent or | 8 |
| guardian. | 9 |
| At least once every 2 years, an in-service training program | 10 |
| for school personnel who work with pupils, including, but not | 11 |
| limited to, school and school district administrators, | 12 |
| teachers, school guidance counselors, school social workers, | 13 |
| school counselors, school psychologists, and school nurses, | 14 |
| must be conducted by persons with expertise in domestic and | 15 |
| sexual violence and the needs of expectant and parenting youth | 16 |
| and shall include training concerning (i) communicating with | 17 |
| and listening to youth victims of domestic or sexual violence | 18 |
| and expectant and parenting youth, (ii) connecting youth | 19 |
| victims of domestic or sexual violence and expectant and | 20 |
| parenting youth to appropriate in-school services and other | 21 |
| agencies, programs, and services as needed, and (iii) | 22 |
| implementing the school district's policies, procedures, and | 23 |
| protocols with regard to such youth, including | 24 |
| confidentiality. At a minimum, school personnel must be trained | 25 |
| to understand, provide information and referrals, and address | 26 |
| issues pertaining to youth who are parents, expectant parents, |
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| 1 |
| or victims of domestic or sexual violence.
| 2 |
| (Source: P.A. 86-900.)
| 3 |
| (105 ILCS 5/13A-11)
| 4 |
| Sec. 13A-11. Chicago public schools.
| 5 |
| (a) The Chicago Board of Education may
establish | 6 |
| alternative schools within Chicago and may contract with third
| 7 |
| parties for services otherwise performed by employees, | 8 |
| including those in a
bargaining unit, in accordance with | 9 |
| Sections 34-8.1, 34-18, and 34-49.
| 10 |
| (b) Alternative schools operated by third parties within | 11 |
| Chicago shall be
exempt from all provisions of the School Code, | 12 |
| except provisions concerning:
| 13 |
| (1) Student civil rights;
| 14 |
| (2) Staff civil rights;
| 15 |
| (3) Health and safety;
| 16 |
| (4) Performance and financial audits;
| 17 |
| (5) The Illinois Goals Assessment Program;
| 18 |
| (6) Chicago learning outcomes;
| 19 |
| (7) Sections 2-3.25a through 2-3.25j of the School | 20 |
| Code;
| 21 |
| (8) The Inspector General; and
| 22 |
| (9) Section 34-2.4b of the School Code ; and .
| 23 |
| (10) Students who are parents, expectant parents, or | 24 |
| victims of domestic or sexual violence.
| 25 |
| (Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)
|
|
|
|
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| 1 |
| (105 ILCS 5/Art. 13C heading new) | 2 |
| ARTICLE 13C. ENSURING SUCCESS IN SCHOOL
| 3 |
| (105 ILCS 5/13C-1 new)
| 4 |
| Sec. 13C-1. Short title. This Article may be cited as the | 5 |
| Ensuring Success in School Law.
| 6 |
| (105 ILCS 5/13C-5 new)
| 7 |
| Sec. 13C-5. Purpose. The General Assembly, mindful that | 8 |
| children are our most precious resource, that the demands and | 9 |
| needs of adolescence make it a critical stage for educational | 10 |
| development in children, and that well-educated youth are a | 11 |
| critical component of a skilled and productive workforce, | 12 |
| declares that the following are the purposes of this Law: | 13 |
| (1) To ensure that youth who are parents, expectant | 14 |
| parents, or the victims of domestic or sexual violence are | 15 |
| identified by schools in a manner respectful of their | 16 |
| privacy and safety; treated with dignity and regard; and | 17 |
| provided the protection, instruction, and related support | 18 |
| services necessary to enable them to meet State educational | 19 |
| standards and successfully attain a high school diploma. | 20 |
| (2) To ensure that Illinois school-level staff and | 21 |
| policymakers understand and are sensitive to the needs and | 22 |
| characteristics of such youth, while recognizing and | 23 |
| honoring the role they will play and the choices they will |
|
|
|
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| 1 |
| make in ensuring their own success in school and beyond. | 2 |
| (3) To afford protections in a school setting to a | 3 |
| population of youth who have historically been stigmatized | 4 |
| and discriminated against. | 5 |
| (4) To promote best practices in Illinois' schools for | 6 |
| the fulfillment of the constitutional goal of the | 7 |
| "educational development of all persons to the limits of | 8 |
| their capacities". | 9 |
| (105 ILCS 5/13C-10 new)
| 10 |
| Sec. 13C-10. Legislative findings. The General Assembly | 11 |
| finds and declares all of the following: | 12 |
| (1) Youth, due to early pregnancy, childbearing, | 13 |
| parenting, or the experience of domestic or sexual | 14 |
| violence, experience significant educational losses | 15 |
| leading to a lifelong loss of schooling. | 16 |
| (2) Almost 60% of youth with a school-age pregnancy | 17 |
| drop out between 8th and 12th grade. | 18 |
| (3) This issue is of particular concern in Illinois, | 19 |
| where in 2004 almost 10% of Illinois births were to teen | 20 |
| mothers. | 21 |
| (4) More than 60% of young women who become pregnant as | 22 |
| youths have been sexually or physically abused at some | 23 |
| point in their lives. | 24 |
| (5) Over 60% of forcible rapes occur before the victim | 25 |
| is 18 years old. |
|
|
|
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| 1 |
| (6) In 2001, 8.1% of Illinois students reported being a | 2 |
| victim of dating violence and 5.6% reported having been | 3 |
| sexually assaulted. | 4 |
| (7) Lifelong loss of schooling has a significant impact | 5 |
| on one's ability to attain economic success and stability | 6 |
| later in life. | 7 |
| (105 ILCS 5/13C-15 new)
| 8 |
| Sec. 13C-15. Definitions. In this Article: | 9 |
| "Domestic or sexual violence organization" means a | 10 |
| nonprofit, nongovernmental organization that provides | 11 |
| assistance to victims of domestic or sexual violence or to | 12 |
| advocates for such victims, including an organization carrying | 13 |
| out a domestic or sexual violence program; an organization | 14 |
| operating a shelter or a rape crisis center or providing | 15 |
| counseling services; or an organization that seeks to eliminate | 16 |
| domestic or sexual violence through legislative advocacy or | 17 |
| policy change, public education, or service collaboration.
| 18 |
| "Domestic violence" includes one or more acts or threats of | 19 |
| violence among family or household members or persons who have | 20 |
| or have had a dating or engagement relationship, not including | 21 |
| acts of self-defense or the defense of another, as "domestic | 22 |
| violence" and "family or household members" are defined in | 23 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 24 |
| "Expectant parent" means a female who is pregnant or a male | 25 |
| who voluntarily identifies himself as the parent of an unborn |
|
|
|
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| 1 |
| child by seeking services for teen parents and who has not yet | 2 |
| graduated from secondary school as provided in Section 22-22 of | 3 |
| this Code. | 4 |
| "Parent" means a person who is a custodial parent or a | 5 |
| noncustodial parent taking an active role in the care and | 6 |
| supervision of a child and who has not yet graduated from | 7 |
| secondary school as provided in Section 22-22 of this Code, | 8 |
| unless the context otherwise requires. | 9 |
| "Perpetrator" means an individual who commits or is alleged | 10 |
| to have committed any act or threat of domestic or sexual | 11 |
| violence. | 12 |
| "School" means without limitation (i) a public or | 13 |
| State-operated elementary or secondary school; (ii) a school | 14 |
| operated pursuant to an agreement with a public school | 15 |
| district, including a cooperative or joint agreement with a | 16 |
| governing body or board of control; (iii) a charter school | 17 |
| operating in compliance with the Charter Schools Law; (iv) a | 18 |
| school operated under Section 13A-3 of this Code; (v) an | 19 |
| alternative school operated by third parties within the City of | 20 |
| Chicago under Section 13A-11 of this Code; (vi) an alternative | 21 |
| learning opportunities program operated under Section 13B of | 22 |
| this Code; or (vii) a public school administered by a local | 23 |
| public agency or the Department of Human Services operating | 24 |
| pursuant to the authority of this Code. | 25 |
| "School district" means any public entity responsible for | 26 |
| administering schools, including districts subject to Article |
|
|
|
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| 1 |
| 34 of this Code, and includes other entities responsible for | 2 |
| administering public schools, such as cooperatives, joint | 3 |
| agreements, charter schools, special charter districts, | 4 |
| regional offices of education, local agencies, and the | 5 |
| Department of Human Services. | 6 |
| "Sexual violence" means sexual assault, abuse, or stalking | 7 |
| of an adult or minor child proscribed in the Criminal Code of | 8 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 9 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 10 |
| by perpetrators who are strangers to the victim and sexual | 11 |
| violence committed by perpetrators who are known or related by | 12 |
| blood or marriage to the victim. | 13 |
| "Student" means any youth enrolled, eligible to enroll, or | 14 |
| previously enrolled in a school who has not yet graduated from | 15 |
| secondary school as provided in Section 22-22 of this Code. | 16 |
| "Victim" means an individual who has been subjected to one | 17 |
| or more acts of domestic or sexual violence. | 18 |
| "Youth", except as otherwise provided in this Code, means a | 19 |
| child, student, or juvenile below the age of 21 years who has | 20 |
| not yet completed his or her prescribed course of study or has | 21 |
| not graduated from secondary school as provided in Section | 22 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 23 |
| unaccompanied youth not in the physical custody of a parent or | 24 |
| guardian.
| 25 |
| (105 ILCS 5/13C-20 new)
|
|
|
|
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| 1 |
| Sec. 13C-20. Confidentiality. School districts shall adopt | 2 |
| and implement a policy and protocol to ensure that all | 3 |
| information concerning a youth's status as a parent, expectant | 4 |
| parent, or victim of domestic or sexual violence provided to | 5 |
| the school or school district or its employees or agents | 6 |
| pursuant to this Code or otherwise, including a statement of | 7 |
| the youth or any other documentation, record, or corroborating | 8 |
| evidence, and the fact that the youth has requested or obtained | 9 |
| assistance, accommodations, or services pursuant to this Code | 10 |
| shall be retained in the strictest confidence by the school or | 11 |
| school district and its employees and agents, except to the | 12 |
| extent that disclosure is (i) requested or consented to in | 13 |
| writing by the youth or the youth's parent or guardian, if it | 14 |
| is safe to obtain written consent of the youth's parent or | 15 |
| guardian, or (ii) otherwise required by applicable federal or | 16 |
| State law. School districts shall take all actions necessary to | 17 |
| comply with this Section no later than July 1, 2008. | 18 |
| (105 ILCS 5/13C-25 new)
| 19 |
| Sec. 13C-25. Right to attend school. Youth who are parents, | 20 |
| expectant parents, or victims of domestic or sexual violence | 21 |
| have the right to attend school and receive the same or | 22 |
| equivalent educational instruction as other youth. No such | 23 |
| youth shall be deprived of or denied the opportunity to | 24 |
| participate in or complete an elementary and secondary public | 25 |
| school education because of his or her status as a parent, |
|
|
|
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| 1 |
| expectant parent, or victim of domestic or sexual violence. | 2 |
| Written notice of the right to attend school and all of the | 3 |
| provisions under this Code about youth who are parents, | 4 |
| expectant parents, or victims of domestic or sexual violence | 5 |
| and all current school and school district policies about youth | 6 |
| who are parents, expectant parents, or victims of domestic or | 7 |
| sexual violence must be provided by each school district in the | 8 |
| form of policy manuals, employee and student handbooks, or | 9 |
| other written documentation. The written notice must be | 10 |
| distributed to all students, parents and guardians of students, | 11 |
| and school personnel at the beginning of each school year. In | 12 |
| addition, the notice must be distributed to individual youth | 13 |
| (i) at the time of transfer or withdrawal from school; (ii) at | 14 |
| the time the school learns of the youth's status as a parent, | 15 |
| expectant parent, or victim of domestic or sexual violence; and | 16 |
| (iii) at the time of any adverse action, including, but not | 17 |
| limited to, disenrollment, suspension, or expulsion. The | 18 |
| written notice must be available on request at no charge.
| 19 |
| (105 ILCS 5/13C-30 new)
| 20 |
| Sec. 13C-30. Review and revision of policies. School | 21 |
| districts shall review all existing policies to determine which | 22 |
| ones may act as a barrier to the enrollment, reenrollment, | 23 |
| attendance, and success in school of any youth who is a parent, | 24 |
| expectant parent, or victim of domestic or sexual violence and | 25 |
| shall revise those policies so that they no longer act as a |
|
|
|
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| 1 |
| barrier to the enrollment, reenrollment, attendance, and | 2 |
| success in school of any youth who is a parent, expectant | 3 |
| parent, or victim of domestic or sexual violence. School | 4 |
| districts shall adopt new policies, as needed, to implement the | 5 |
| provisions of this Code about students who are parents, | 6 |
| expectant parents, or victims of domestic or sexual violence. | 7 |
| School districts shall confer with persons with expertise in | 8 |
| youth who are parents or expectant parents and persons with | 9 |
| expertise in domestic and sexual violence, including domestic | 10 |
| and sexual violence organizations, in the review and revision | 11 |
| of existing policies and the adoption of new policies, | 12 |
| including those related to confidentiality. School districts | 13 |
| shall take all actions necessary to comply with this Section no | 14 |
| later than July 1, 2008 and no later than July 1 every 2 years | 15 |
| thereafter. | 16 |
| (105 ILCS 5/13C-35 new)
| 17 |
| Sec. 13C-35. Specially trained personnel. | 18 |
| (a) Each school district shall employ at least one staff | 19 |
| person who is a school social worker, psychologist, counselor, | 20 |
| or nurse and who is also trained to address in a confidential | 21 |
| and sensitive manner the needs of youth who are parents, | 22 |
| expectant parents, or victims of domestic or sexual violence. | 23 |
| Such staff shall be named "specially trained personnel". School | 24 |
| districts with more than 10,000 students shall employ at least | 25 |
| one additional staff person who is either a school social |
|
|
|
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| 1 |
| worker, psychologist, counselor, or nurse and who is trained to | 2 |
| address in a confidential and sensitive manner the needs of | 3 |
| youth who are parents, expectant parents, or victims of | 4 |
| domestic or sexual violence for every additional 10,000 | 5 |
| students. Such additional staff shall also be named "specially | 6 |
| trained personnel". Specially trained personnel are | 7 |
| responsible for, but not limited to, all of the following | 8 |
| activities: | 9 |
| (1) Communicating with and listening to such youth who | 10 |
| are parents, expectant parents, or victims of domestic or | 11 |
| sexual violence. | 12 |
| (2) Connecting such youth to appropriate in-school | 13 |
| services and other agencies, programs, and services, as | 14 |
| needed. | 15 |
| (3) Coordinating and monitoring the implementation of | 16 |
| the school district's policy, procedures, and protocols in | 17 |
| cases involving student allegations of domestic or sexual | 18 |
| violence. | 19 |
| (4) Coordinating and monitoring the implementation of | 20 |
| the school district's policy, procedures, and protocols as | 21 |
| set forth in provisions of this Code about students who are | 22 |
| parents, expectant parents, or victims of domestic or | 23 |
| sexual violence.
| 24 |
| (5) Assisting such youth in their efforts to exercise | 25 |
| and preserve their rights set forth in provisions of this | 26 |
| Code about students who are parents, expectant parents, or |
|
|
|
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| 1 |
| victims of domestic or sexual violence. | 2 |
| (6) Assisting in providing staff development to | 3 |
| establish a positive and sensitive learning environment | 4 |
| for such youth.
| 5 |
| (b) At a minimum, specially trained personnel must be | 6 |
| trained to understand, provide information and referrals, and | 7 |
| address issues pertaining to youth who are parents, expectant | 8 |
| parents, or victims of domestic or sexual violence, including | 9 |
| theories and dynamics of domestic and sexual violence, the | 10 |
| necessity for confidentiality and the law, policy, procedures, | 11 |
| and protocols implementing confidentiality, and the | 12 |
| notification of such youth's parent or guardian regarding the | 13 |
| youth's status as a parent, expectant parent, or victim of | 14 |
| domestic or sexual violence or the enforcement of such youth's | 15 |
| rights under this Code when notice of the youth's status or the | 16 |
| involvement of the youth's parent or guardian may put the | 17 |
| health or safety of the youth at risk. | 18 |
| (c) School districts shall train all specially trained | 19 |
| personnel, and such personnel shall assist in implementing the | 20 |
| duties described in this Section no later than April 1, 2008, | 21 |
| except in those school districts where there exists a | 22 |
| collective bargaining agreement on the effective date of this | 23 |
| amendatory Act of the 95th General Assembly and where | 24 |
| implementation of this Section on or before April 1, 2008 would | 25 |
| be a violation of that collective bargaining agreement. In the | 26 |
| event that implementation of some activities required under |
|
|
|
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LRB095 08290 NHT 28462 b |
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| 1 |
| this Section is prevented by an existing collective bargaining | 2 |
| agreement, the school district must comply with this Section to | 3 |
| the fullest extent allowed by the existing collective | 4 |
| bargaining agreement no later than April 1, 2008. In those | 5 |
| instances where a collective bargaining agreement, which | 6 |
| either fully or partially prevents full implementation of this | 7 |
| Section, expires after April 1, 2008, the school district shall | 8 |
| train all specially trained personnel who shall implement the | 9 |
| duties described in this Section no later than the effective | 10 |
| date of the new collective bargaining agreement that | 11 |
| immediately succeeds the collective bargaining agreement in | 12 |
| effect on the effective date of this amendatory Act of the 95th | 13 |
| General Assembly.
| 14 |
| (105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
| 15 |
| Sec. 14-8.02. Identification, Evaluation and Placement of | 16 |
| Children.
| 17 |
| (a) The State Board of Education shall make rules under | 18 |
| which local school
boards shall determine the eligibility of | 19 |
| children to receive special
education. Such rules shall ensure | 20 |
| that a free appropriate public
education be available to all | 21 |
| children with disabilities as
defined in
Section 14-1.02. The | 22 |
| State Board of Education shall require local school
districts | 23 |
| to administer non-discriminatory procedures or tests to
| 24 |
| limited English proficiency students coming from homes in which | 25 |
| a language
other than English is used to determine their |
|
|
|
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| 1 |
| eligibility to receive special
education. The placement of low | 2 |
| English proficiency students in special
education programs and | 3 |
| facilities shall be made in accordance with the test
results | 4 |
| reflecting the student's linguistic, cultural and special | 5 |
| education
needs. For purposes of determining the eligibility of | 6 |
| children the State
Board of Education shall include in the | 7 |
| rules definitions of "case study",
"staff conference", | 8 |
| "individualized educational program", and "qualified
| 9 |
| specialist" appropriate to each category of children with
| 10 |
| disabilities as defined in
this Article. For purposes of | 11 |
| determining the eligibility of children from
homes in which a | 12 |
| language other than English is used, the State Board of
| 13 |
| Education shall include in the rules
definitions for "qualified | 14 |
| bilingual specialists" and "linguistically and
culturally | 15 |
| appropriate individualized educational programs". For purposes | 16 |
| of this
Section, as well as Sections 14-8.02a, 14-8.02b, and | 17 |
| 14-8.02c of this Code,
"parent" means a parent as defined in | 18 |
| the federal Individuals with Disabilities Education Act (20 | 19 |
| U.S.C. 1401(23)).
| 20 |
| (b) No child shall be eligible for special education | 21 |
| facilities except
with a carefully completed case study fully | 22 |
| reviewed by professional
personnel in a multidisciplinary | 23 |
| staff conference and only upon the
recommendation of qualified | 24 |
| specialists or a qualified bilingual specialist, if
available. | 25 |
| At the conclusion of the multidisciplinary staff conference, | 26 |
| the
parent of the child shall be given a copy of the |
|
|
|
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| 1 |
| multidisciplinary
conference summary report and | 2 |
| recommendations, which includes options
considered, and be | 3 |
| informed of their right to obtain an independent educational
| 4 |
| evaluation if they disagree with the evaluation findings | 5 |
| conducted or obtained
by the school district. If the school | 6 |
| district's evaluation is shown to be
inappropriate, the school | 7 |
| district shall reimburse the parent for the cost of
the | 8 |
| independent evaluation. The State Board of Education shall, | 9 |
| with advice
from the State Advisory Council on Education of | 10 |
| Children with
Disabilities on the
inclusion of specific | 11 |
| independent educational evaluators, prepare a list of
| 12 |
| suggested independent educational evaluators. The State Board | 13 |
| of Education
shall include on the list clinical psychologists | 14 |
| licensed pursuant to the
Clinical Psychologist Licensing Act. | 15 |
| Such psychologists shall not be paid fees
in excess of the | 16 |
| amount that would be received by a school psychologist for
| 17 |
| performing the same services. The State Board of Education | 18 |
| shall supply school
districts with such list and make the list | 19 |
| available to parents at their
request. School districts shall | 20 |
| make the list available to parents at the time
they are | 21 |
| informed of their right to obtain an independent educational
| 22 |
| evaluation. However, the school district may initiate an | 23 |
| impartial
due process hearing under this Section within 5 days | 24 |
| of any written parent
request for an independent educational | 25 |
| evaluation to show that
its evaluation is appropriate. If the | 26 |
| final decision is that the evaluation
is appropriate, the |
|
|
|
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| 1 |
| parent still has a right to an independent educational
| 2 |
| evaluation, but not at public expense. An independent | 3 |
| educational
evaluation at public expense must be completed | 4 |
| within 30 days of a parent
written request unless the school | 5 |
| district initiates an
impartial due process hearing or the | 6 |
| parent or school district
offers reasonable grounds to show | 7 |
| that such 30 day time period should be
extended. If the due | 8 |
| process hearing decision indicates that the parent is entitled | 9 |
| to an independent educational evaluation, it must be
completed | 10 |
| within 30 days of the decision unless the parent or
the school | 11 |
| district offers reasonable grounds to show that such 30 day
| 12 |
| period should be extended. If a parent disagrees with the | 13 |
| summary report or
recommendations of the multidisciplinary | 14 |
| conference or the findings of any
educational evaluation which | 15 |
| results therefrom, the school
district shall not proceed with a | 16 |
| placement based upon such evaluation and
the child shall remain | 17 |
| in his or her regular classroom setting.
No child shall be | 18 |
| eligible for admission to a
special class for the educable | 19 |
| mentally disabled or for the
trainable
mentally disabled except | 20 |
| with a psychological evaluation
and
recommendation by a school | 21 |
| psychologist. Consent shall be obtained from
the parent of a | 22 |
| child before any evaluation is conducted.
If consent is not | 23 |
| given by the parent or if the parent disagrees with the | 24 |
| findings of the evaluation, then the school
district may | 25 |
| initiate an impartial due process hearing under this Section.
| 26 |
| The school district may evaluate the child if that is the |
|
|
|
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| 1 |
| decision
resulting from the impartial due process hearing and | 2 |
| the decision is not
appealed or if the decision is affirmed on | 3 |
| appeal.
The determination of eligibility shall be made and the | 4 |
| IEP meeting shall be completed within 60 school days
from the | 5 |
| date of written parental consent. In those instances when | 6 |
| written parental consent is obtained with fewer than 60 pupil | 7 |
| attendance days left in the school year,
the eligibility | 8 |
| determination shall be made and the IEP meeting shall be | 9 |
| completed prior to the first day of the
following school year. | 10 |
| After a child has been determined to be eligible for a
special | 11 |
| education class, such child must be placed in the appropriate
| 12 |
| program pursuant to the individualized educational program by | 13 |
| or no
later than the beginning of the next school semester. The | 14 |
| appropriate
program pursuant to the individualized educational | 15 |
| program of students
whose native tongue is a language other | 16 |
| than English shall reflect the
special education, cultural and | 17 |
| linguistic needs. No later than September
1, 1993, the State | 18 |
| Board of Education shall establish standards for the
| 19 |
| development, implementation and monitoring of appropriate | 20 |
| bilingual special
individualized educational programs. The | 21 |
| State Board of Education shall
further incorporate appropriate | 22 |
| monitoring procedures to verify implementation
of these | 23 |
| standards. The district shall indicate to the parent and
the | 24 |
| State Board of Education the nature of the services the child | 25 |
| will receive
for the regular school term while waiting | 26 |
| placement in the appropriate special
education class.
|
|
|
|
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| 1 |
| If the child is deaf, hard of hearing, blind, or visually | 2 |
| impaired and
he or she might be eligible to receive services | 3 |
| from the Illinois School for
the Deaf or the Illinois School | 4 |
| for the Visually Impaired, the school
district shall notify the | 5 |
| parents, in writing, of the existence of
these schools
and the | 6 |
| services
they provide and shall make a reasonable effort to | 7 |
| inform the parents of the existence of other, local schools | 8 |
| that provide similar services and the services that these other | 9 |
| schools provide. This notification
shall
include without | 10 |
| limitation information on school services, school
admissions | 11 |
| criteria, and school contact information.
| 12 |
| If the student may be eligible to participate in the | 13 |
| Home-Based Support
Services Program for Mentally Disabled | 14 |
| Adults authorized under the
Developmental Disability and | 15 |
| Mental Disability Services Act upon becoming an
adult, the | 16 |
| student's individualized education program shall include plans | 17 |
| for
(i) determining the student's eligibility for those | 18 |
| home-based services, (ii)
enrolling the student in the program | 19 |
| of home-based services, and (iii)
developing a plan for the | 20 |
| student's most effective use of the home-based
services after | 21 |
| the student becomes an adult and no longer receives special
| 22 |
| educational services under this Article. The plans developed | 23 |
| under this
paragraph shall include specific actions to be taken | 24 |
| by specified individuals,
agencies, or officials.
| 25 |
| (c) In the development of the individualized education | 26 |
| program for a
student who is functionally blind, it shall be |
|
|
|
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| 1 |
| presumed that proficiency in
Braille reading and writing is | 2 |
| essential for the student's satisfactory
educational progress. | 3 |
| For purposes of this subsection, the State Board of
Education | 4 |
| shall determine the criteria for a student to be classified as
| 5 |
| functionally blind. Students who are not currently identified | 6 |
| as
functionally blind who are also entitled to Braille | 7 |
| instruction include:
(i) those whose vision loss is so severe | 8 |
| that they are unable to read and
write at a level comparable to | 9 |
| their peers solely through the use of
vision, and (ii) those | 10 |
| who show evidence of progressive vision loss that
may result in | 11 |
| functional blindness. Each student who is functionally blind
| 12 |
| shall be entitled to Braille reading and writing instruction | 13 |
| that is
sufficient to enable the student to communicate with | 14 |
| the same level of
proficiency as other students of comparable | 15 |
| ability. Instruction should be
provided to the extent that the | 16 |
| student is physically and cognitively able
to use Braille. | 17 |
| Braille instruction may be used in combination with other
| 18 |
| special education services appropriate to the student's | 19 |
| educational needs.
The assessment of each student who is | 20 |
| functionally blind for the purpose of
developing the student's | 21 |
| individualized education program shall include
documentation | 22 |
| of the student's strengths and weaknesses in Braille skills.
| 23 |
| Each person assisting in the development of the individualized | 24 |
| education
program for a student who is functionally blind shall | 25 |
| receive information
describing the benefits of Braille | 26 |
| instruction. The individualized
education program for each |
|
|
|
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| 1 |
| student who is functionally blind shall
specify the appropriate | 2 |
| learning medium or media based on the assessment
report.
| 3 |
| (c-5) In this subsection (c-5): | 4 |
| "Domestic or sexual violence organization" means a | 5 |
| nonprofit, nongovernmental organization that provides | 6 |
| assistance to victims of domestic or sexual violence or to | 7 |
| advocates for such victims, including an organization carrying | 8 |
| out a domestic or sexual violence program; an organization | 9 |
| operating a shelter or a rape crisis center or providing | 10 |
| counseling services; or an organization that seeks to eliminate | 11 |
| domestic or sexual violence through legislative advocacy or | 12 |
| policy change, public education, or service collaboration.
| 13 |
| "Domestic violence" includes one or more acts or threats of | 14 |
| violence among family or household members or persons who have | 15 |
| or have had a dating or engagement relationship, not including | 16 |
| acts of self-defense or the defense of another, as "domestic | 17 |
| violence" and "family or household members" are defined in | 18 |
| Section 103 of the Illinois Domestic Violence Act of 1986. | 19 |
| "Expectant parent" means a female who is pregnant or a male | 20 |
| who voluntarily identifies himself as the parent of an unborn | 21 |
| child by seeking services for teen parents and who has not yet | 22 |
| graduated from secondary school as provided in Section 22-22 of | 23 |
| this Code. | 24 |
| "Parent" means a person who is a custodial parent or a | 25 |
| noncustodial parent taking an active role in the care and | 26 |
| supervision of a child and who has not yet graduated from |
|
|
|
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| 1 |
| secondary school as provided in Section 22-22 of this Code, | 2 |
| unless the context otherwise requires. | 3 |
| "Perpetrator" means an individual who commits or is alleged | 4 |
| to have committed any act of domestic or sexual violence. | 5 |
| "Sexual violence" means sexual assault, abuse, or stalking | 6 |
| of an adult or minor child proscribed in the Criminal Code of | 7 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 8 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 9 |
| by perpetrators who are strangers to the victim and sexual | 10 |
| violence committed by perpetrators who are known or related by | 11 |
| blood or marriage to the victim. | 12 |
| "Student" means any youth enrolled, eligible to enroll, or | 13 |
| previously enrolled in a school who has not yet graduated from | 14 |
| secondary school as provided in Section 22-22 of this Code. | 15 |
| "Victim" means an individual who has been subjected to one | 16 |
| or more acts of domestic or sexual violence. | 17 |
| "Youth", except as otherwise provided in this Code, means a | 18 |
| child, student, or juvenile below the age of 21 years who has | 19 |
| not yet completed his or her prescribed course of study or has | 20 |
| not graduated from secondary school as provided in Section | 21 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 22 |
| unaccompanied youth not in the physical custody of a parent or | 23 |
| guardian.
| 24 |
| In the development of the individualized education program | 25 |
| for a student who is also a parent, expectant parent, or victim | 26 |
| of domestic or sexual violence, any appropriate accommodations |
|
|
|
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|
| 1 |
| or services for that student in connection with these | 2 |
| circumstances, with the exception of information that is | 3 |
| confidential under applicable privacy laws, must be included as | 4 |
| part of the student's individualized education program.
| 5 |
| A school district may require a youth to provide | 6 |
| verification that he or she is or has been a victim of domestic | 7 |
| or sexual violence only when the youth asserts rights under | 8 |
| this subsection (c-5) on the basis of domestic or sexual | 9 |
| violence. Any one of the following is acceptable verification | 10 |
| of a youth's claim of domestic or sexual violence:
| 11 |
| (1) A written statement from the youth or anyone who | 12 |
| has knowledge of the circumstances that support the youth's | 13 |
| claim.
| 14 |
| (2) A police report, government agency record, or court | 15 |
| record. | 16 |
| (3) A statement or other documentation from a domestic | 17 |
| or sexual violence organization or any other organization | 18 |
| from which the youth sought services or advice. | 19 |
| (4) Documentation from a lawyer, clergy person, | 20 |
| medical professional, or other professional from whom the | 21 |
| youth sought domestic or sexual violence services or | 22 |
| advice. | 23 |
| (5) Any other evidence, such as physical evidence of | 24 |
| violence, that supports the claim. | 25 |
| A youth who has provided acceptable verification that he or she | 26 |
| is or has been a victim of domestic or sexual violence must not |
|
|
|
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|
| 1 |
| be required to provide any additional verification if the | 2 |
| youth's efforts to assert rights under this Code stem from a | 3 |
| claim involving the same perpetrator.
| 4 |
| (d) To the maximum extent appropriate, the placement shall | 5 |
| provide the
child with the opportunity to be educated with | 6 |
| children who are not
disabled; provided that children with
| 7 |
| disabilities who are recommended to be
placed into regular | 8 |
| education classrooms are provided with supplementary
services | 9 |
| to assist the children with disabilities to benefit
from the | 10 |
| regular
classroom instruction and are included on the teacher's | 11 |
| regular education class
register. Subject to the limitation of | 12 |
| the preceding sentence, placement in
special classes, separate | 13 |
| schools or other removal of the disabled child
from the regular | 14 |
| educational environment shall occur only when the nature of
the | 15 |
| severity of the disability is such that education in the
| 16 |
| regular classes with
the use of supplementary aids and services | 17 |
| cannot be achieved satisfactorily.
The placement of limited | 18 |
| English proficiency students with disabilities shall
be in | 19 |
| non-restrictive environments which provide for integration | 20 |
| with
non-disabled peers in bilingual classrooms. Annually, | 21 |
| each January, school districts shall report data on students | 22 |
| from non-English
speaking backgrounds receiving special | 23 |
| education and related services in
public and private facilities | 24 |
| as prescribed in Section 2-3.30. If there
is a disagreement | 25 |
| between parties involved regarding the special education
| 26 |
| placement of any child, either in-state or out-of-state, the |
|
|
|
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LRB095 08290 NHT 28462 b |
|
| 1 |
| placement is
subject to impartial due process procedures | 2 |
| described in Article 10 of the
Rules and Regulations to Govern | 3 |
| the Administration and Operation of Special
Education.
| 4 |
| (e) No child who comes from a home in which a language | 5 |
| other than English
is the principal language used may be | 6 |
| assigned to any class or program
under this Article until he | 7 |
| has been given, in the principal language
used by the child and | 8 |
| used in his home, tests reasonably related to his
cultural | 9 |
| environment. All testing and evaluation materials and | 10 |
| procedures
utilized for evaluation and placement shall not be | 11 |
| linguistically, racially or
culturally discriminatory.
| 12 |
| (f) Nothing in this Article shall be construed to require | 13 |
| any child to
undergo any physical examination or medical | 14 |
| treatment whose parents object thereto on the grounds that such | 15 |
| examination or
treatment conflicts with his religious beliefs.
| 16 |
| (g) School boards or their designee shall provide to the | 17 |
| parents of a child prior written notice of any decision (a) | 18 |
| proposing
to initiate or change, or (b) refusing to initiate or | 19 |
| change, the
identification, evaluation, or educational | 20 |
| placement of the child or the
provision of a free appropriate | 21 |
| public education to their child, and the
reasons therefor. Such | 22 |
| written notification shall also inform the
parent of the | 23 |
| opportunity to present complaints with respect
to any matter | 24 |
| relating to the educational placement of the student, or
the | 25 |
| provision of a free appropriate public education and to have an
| 26 |
| impartial due process hearing on the complaint. The notice |
|
|
|
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LRB095 08290 NHT 28462 b |
|
| 1 |
| shall inform
the parents in the parents' native language,
| 2 |
| unless it is clearly not feasible to do so, of their rights and | 3 |
| all
procedures available pursuant to this Act and the federal | 4 |
| Individuals with Disabilities Education Improvement Act of | 5 |
| 2004 (Public Law 108-446); it
shall be the responsibility of | 6 |
| the State Superintendent to develop
uniform notices setting | 7 |
| forth the procedures available under this Act
and the federal | 8 |
| Individuals with Disabilities Education Improvement Act of | 9 |
| 2004 (Public Law 108-446) to be used by all school boards. The | 10 |
| notice
shall also inform the parents of the availability upon
| 11 |
| request of a list of free or low-cost legal and other relevant | 12 |
| services
available locally to assist parents in initiating an
| 13 |
| impartial due process hearing. Any parent who is deaf, or
does | 14 |
| not normally communicate using spoken English, who | 15 |
| participates in
a meeting with a representative of a local | 16 |
| educational agency for the
purposes of developing an | 17 |
| individualized educational program shall be
entitled to the | 18 |
| services of an interpreter.
| 19 |
| (h) (Blank).
| 20 |
| (i) (Blank).
| 21 |
| (j) (Blank).
| 22 |
| (k) (Blank).
| 23 |
| (l) (Blank).
| 24 |
| (m) (Blank).
| 25 |
| (n) (Blank).
| 26 |
| (o) (Blank).
|
|
|
|
HB1330 Engrossed |
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LRB095 08290 NHT 28462 b |
|
| 1 |
| (Source: P.A. 93-282, eff. 7-22-03; 94-376, eff. 7-29-05; | 2 |
| 94-1100, eff. 2-2-07.)
| 3 |
| (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
| 4 |
| Sec. 26-2a. A "truant" is defined as a child subject to | 5 |
| compulsory school
attendance and who is absent without valid | 6 |
| cause from such attendance for
a school day or portion thereof.
| 7 |
| "Valid cause" for absence shall be illness, attendance at | 8 |
| pregnancy-related medical appointments, observance of a | 9 |
| religious
holiday, death in the immediate family,
family | 10 |
| emergency, and fulfillment of the student's parenting | 11 |
| responsibilities (including, but not limited to, arranging | 12 |
| child care, caring for the student's sick child, and attending | 13 |
| medical appointments for the student's child) and shall include | 14 |
| such other situations beyond the control
of the student as | 15 |
| determined by the board of education in each district ,
or such | 16 |
| other circumstances which cause reasonable concern to the | 17 |
| parent
or the student for the safety or health of the student , | 18 |
| such as addressing circumstances resulting from domestic or | 19 |
| sexual violence .
| 20 |
| "Chronic or habitual truant" shall be defined as a child | 21 |
| subject to compulsory
school attendance and who is absent | 22 |
| without valid cause from such attendance
for 10% or more of the | 23 |
| previous 180 regular attendance days.
| 24 |
| "Truant minor" is defined as a chronic truant to whom | 25 |
| supportive
services, including prevention, diagnostic, |
|
|
|
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LRB095 08290 NHT 28462 b |
|
| 1 |
| intervention and remedial
services, alternative programs and | 2 |
| other school and community resources
have been provided and | 3 |
| have failed to result in the cessation of chronic
truancy, or | 4 |
| have been offered and refused.
| 5 |
| A "dropout" is defined as any child enrolled in grades 1 | 6 |
| through 12 whose
name has been removed from the district | 7 |
| enrollment roster for any reason
other than his death, extended | 8 |
| illness, graduation or completion of a
program of studies and | 9 |
| who has not transferred to another public or private school.
| 10 |
| "Religion" for the purposes of this Article, includes all | 11 |
| aspects of
religious observance and practice, as well as | 12 |
| belief.
| 13 |
| A school district may require a youth to provide | 14 |
| verification that he or she is or has been a victim of domestic | 15 |
| or sexual violence only when a youth asserts rights under this | 16 |
| Section on the basis of domestic or sexual violence. Any one of | 17 |
| the following is acceptable verification of a youth's claim of | 18 |
| domestic or sexual violence:
| 19 |
| (1) A written statement from the youth or anyone who | 20 |
| has knowledge of the circumstances that support the youth's | 21 |
| claim. | 22 |
| (2) A police report, government agency record, or court | 23 |
| record. | 24 |
| (3) A statement or other documentation from a domestic | 25 |
| or sexual violence organization or any other organization | 26 |
| from which the youth sought services or advice. |
|
|
|
HB1330 Engrossed |
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LRB095 08290 NHT 28462 b |
|
| 1 |
| (4) Documentation from a lawyer, clergy person, | 2 |
| medical professional, or other professional from whom the | 3 |
| youth sought domestic or sexual violence services or | 4 |
| advice. | 5 |
| (5) Any other evidence, such as physical evidence of | 6 |
| violence, that supports the claim. | 7 |
| A youth who has provided acceptable verification that he or she | 8 |
| is or has been a victim of domestic or sexual violence must not | 9 |
| be required to provide any additional verification if the | 10 |
| youth's efforts to assert rights under this Code stem from a | 11 |
| claim involving the same perpetrator.
| 12 |
| In this Section: | 13 |
| "Domestic or sexual violence organization" means a | 14 |
| nonprofit, nongovernmental organization that provides | 15 |
| assistance to victims of domestic or sexual violence or to | 16 |
| advocates for such victims, including an organization carrying | 17 |
| out a domestic or sexual violence program; an organization | 18 |
| operating a shelter or a rape crisis center or providing | 19 |
| counseling services; or an organization that seeks to eliminate | 20 |
| domestic or sexual violence through legislative advocacy or | 21 |
| policy change, public education, or service collaboration. | 22 |
| "Domestic violence" includes one or more acts or threats of | 23 |
| violence among family or household members or persons who have | 24 |
| or have had a dating or engagement relationship, not including | 25 |
| acts of self-defense or the defense of another, as "domestic | 26 |
| violence" and "family or household members" are defined in |
|
|
|
HB1330 Engrossed |
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LRB095 08290 NHT 28462 b |
|
| 1 |
| Section 103 of the Illinois Domestic Violence Act of 1986.
| 2 |
| "Perpetrator" means an individual who commits or is alleged | 3 |
| to have committed any act of domestic or sexual violence. | 4 |
| "Sexual violence" means sexual assault, abuse, or stalking | 5 |
| of an adult or minor child proscribed in the Criminal Code of | 6 |
| 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, | 7 |
| 12-14.1, 12-15, and 12-16, including sexual violence committed | 8 |
| by perpetrators who are strangers to the victim and sexual | 9 |
| violence committed by perpetrators who are known or related by | 10 |
| blood or marriage to the victim. | 11 |
| "Student" means any youth enrolled, eligible to enroll, or | 12 |
| previously enrolled in a school who has not yet graduated from | 13 |
| secondary school as provided in Section 22-22 of this Code. | 14 |
| "Victim" means an individual who has been subjected to one | 15 |
| or more acts of domestic or sexual violence. | 16 |
| "Youth", except as otherwise provided in this Code, means a | 17 |
| child, student, or juvenile below the age of 21 years who has | 18 |
| not yet completed his or her prescribed course of study or has | 19 |
| not graduated from secondary school as provided in Section | 20 |
| 22-22 of this Code. "Youth" includes, but is not limited to, | 21 |
| unaccompanied youth not in the physical custody of a parent or | 22 |
| guardian.
| 23 |
| (Source: P.A. 84-1308; 84-1420; 84-1424; 84-1438.)
| 24 |
| (105 ILCS 5/27A-5)
| 25 |
| Sec. 27A-5. Charter school; legal entity; requirements.
|
|
|
|
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LRB095 08290 NHT 28462 b |
|
| 1 |
| (a) A charter school shall be a public, nonsectarian, | 2 |
| nonreligious, non-home
based, and non-profit school. A charter | 3 |
| school shall be organized and operated
as a nonprofit | 4 |
| corporation or other discrete, legal, nonprofit entity
| 5 |
| authorized under the laws of the State of Illinois.
| 6 |
| (b) A charter school may be established under this Article | 7 |
| by creating a new
school or by converting an existing public | 8 |
| school or attendance center to
charter
school status.
Beginning | 9 |
| on the effective date of this amendatory Act of the 93rd | 10 |
| General
Assembly, in all new
applications submitted to the | 11 |
| State Board or a local school board to establish
a charter
| 12 |
| school in a city having a population exceeding 500,000, | 13 |
| operation of the
charter
school shall be limited to one campus. | 14 |
| The changes made to this Section by this
amendatory Act
of the | 15 |
| 93rd General
Assembly do not apply to charter schools existing | 16 |
| or approved on or before the
effective date of this
amendatory | 17 |
| Act.
| 18 |
| (c) A charter school shall be administered and governed by | 19 |
| its board of
directors or other governing body
in the manner | 20 |
| provided in its charter. The governing body of a charter school
| 21 |
| shall be subject to the Freedom of Information Act and the Open | 22 |
| Meetings Act.
| 23 |
| (d) A charter school shall comply with all applicable | 24 |
| health and safety
requirements applicable to public schools | 25 |
| under the laws of the State of
Illinois.
| 26 |
| (e) Except as otherwise provided in the School Code, a |
|
|
|
HB1330 Engrossed |
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LRB095 08290 NHT 28462 b |
|
| 1 |
| charter school shall
not charge tuition; provided that a | 2 |
| charter school may charge reasonable fees
for textbooks, | 3 |
| instructional materials, and student activities.
| 4 |
| (f) A charter school shall be responsible for the | 5 |
| management and operation
of its fiscal affairs including,
but | 6 |
| not limited to, the preparation of its budget. An audit of each | 7 |
| charter
school's finances shall be conducted annually by an | 8 |
| outside, independent
contractor retained by the charter | 9 |
| school.
| 10 |
| (g) A charter school shall comply with all provisions of | 11 |
| this Article and
its charter. A charter
school is exempt from | 12 |
| all other State laws and regulations in the School Code
| 13 |
| governing public
schools and local school board policies, | 14 |
| except the following:
| 15 |
| (1) Sections 10-21.9 and 34-18.5 of the School Code | 16 |
| regarding criminal
history records checks and checks of the | 17 |
| Statewide Sex Offender Database of applicants for | 18 |
| employment;
| 19 |
| (2) Sections 24-24 and 34-84A of the School Code | 20 |
| regarding discipline of
students;
| 21 |
| (3) The Local Governmental and Governmental Employees | 22 |
| Tort Immunity Act;
| 23 |
| (4) Section 108.75 of the General Not For Profit | 24 |
| Corporation Act of 1986
regarding indemnification of | 25 |
| officers, directors, employees, and agents;
| 26 |
| (5) The Abused and Neglected Child Reporting Act;
|
|
|
|
HB1330 Engrossed |
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LRB095 08290 NHT 28462 b |
|
| 1 |
| (6) The Illinois School Student Records Act; and
| 2 |
| (7) Section 10-17a of the School Code regarding school | 3 |
| report cards ; and .
| 4 |
| (8) Provisions about students who are parents, | 5 |
| expectant parents, or victims of domestic or sexual | 6 |
| violence.
| 7 |
| (h) A charter school may negotiate and contract with a | 8 |
| school district, the
governing body of a State college or | 9 |
| university or public community college, or
any other public or | 10 |
| for-profit or nonprofit private entity for: (i) the use
of a | 11 |
| school building and grounds or any other real property or | 12 |
| facilities that
the charter school desires to use or convert | 13 |
| for use as a charter school site,
(ii) the operation and | 14 |
| maintenance thereof, and
(iii) the provision of any service, | 15 |
| activity, or undertaking that the charter
school is required to | 16 |
| perform in order to carry out the terms of its charter.
| 17 |
| However, a charter school
that is established on
or
after the | 18 |
| effective date of this amendatory Act of the 93rd General
| 19 |
| Assembly and that operates
in a city having a population | 20 |
| exceeding
500,000 may not contract with a for-profit entity to
| 21 |
| manage or operate the school during the period that commences | 22 |
| on the
effective date of this amendatory Act of the 93rd | 23 |
| General Assembly and
concludes at the end of the 2004-2005 | 24 |
| school year.
Except as provided in subsection (i) of this | 25 |
| Section, a school district may
charge a charter school | 26 |
| reasonable rent for the use of the district's
buildings, |
|
|
|
HB1330 Engrossed |
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|
| 1 |
| grounds, and facilities. Any services for which a charter | 2 |
| school
contracts
with a school district shall be provided by | 3 |
| the district at cost. Any services
for which a charter school | 4 |
| contracts with a local school board or with the
governing body | 5 |
| of a State college or university or public community college
| 6 |
| shall be provided by the public entity at cost.
| 7 |
| (i) In no event shall a charter school that is established | 8 |
| by converting an
existing school or attendance center to | 9 |
| charter school status be required to
pay rent for space
that is | 10 |
| deemed available, as negotiated and provided in the charter | 11 |
| agreement,
in school district
facilities. However, all other | 12 |
| costs for the operation and maintenance of
school district | 13 |
| facilities that are used by the charter school shall be subject
| 14 |
| to negotiation between
the charter school and the local school | 15 |
| board and shall be set forth in the
charter.
| 16 |
| (j) A charter school may limit student enrollment by age or | 17 |
| grade level.
| 18 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, | 19 |
| eff. 7-14-05.)
| 20 |
| Section 97. Severability. The provisions of this Act are | 21 |
| severable under Section 1.31 of the Statute on Statutes.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
|
|
|
|
HB1330 Engrossed |
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LRB095 08290 NHT 28462 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 105 ILCS 5/10-22.6 |
from Ch. 122, par. 10-22.6 |
| 4 |
| 105 ILCS 5/10-22.6a |
from Ch. 122, par. 10-22.6a |
| 5 |
| 105 ILCS 5/10-22.39 |
from Ch. 122, par. 10-22.39 |
| 6 |
| 105 ILCS 5/13A-11 |
|
| 7 |
| 105 ILCS 5/Art. 13C | 8 |
| heading new |
|
| 9 |
| 105 ILCS 5/13C-1 new |
|
| 10 |
| 105 ILCS 5/13C-5 new |
|
| 11 |
| 105 ILCS 5/13C-10 new |
|
| 12 |
| 105 ILCS 5/13C-15 new |
|
| 13 |
| 105 ILCS 5/13C-20 new |
|
| 14 |
| 105 ILCS 5/13C-25 new |
|
| 15 |
| 105 ILCS 5/13C-30 new |
|
| 16 |
| 105 ILCS 5/13C-35 new |
|
| 17 |
| 105 ILCS 5/14-8.02 |
from Ch. 122, par. 14-8.02 |
| 18 |
| 105 ILCS 5/26-2a |
from Ch. 122, par. 26-2a |
| 19 |
| 105 ILCS 5/27A-5 |
|
| |
|