HB3615ham001 94TH GENERAL ASSEMBLY

Rep. Karen A. Yarbrough

Filed: 4/11/2005

09400HB3615ham001 LRB094 09406 NHT 44669 a

AMENDMENT TO HOUSE BILL 3615

AMENDMENT NO. ______. Amend House Bill 3615 as follows:

on page 1, line 5, by deleting "2-3.13a,"; and

on page 1, line 5, after "10-21.3a,", by inserting "10-22.5a,"; and

by deleting line 8 on page 1 through line 3 on page 4; and

on page 5, line 27, after the period, by inserting "School districts shall waive tuition for youth who transfer out of a previous school district into a school district in which the youth is a nonresident to accommodate safety concerns arising out of domestic or sexual violence."; and

on page 5, immediately below line 31, by inserting the following:

"(105 ILCS 5/10-22.5a) (from Ch. 122, par. 10-22.5a)

Sec. 10-22.5a. Attendance by dependents of United States military personnel, foreign exchange students, and certain nonresident pupils.

(a) To enter into written agreements with cultural exchange organizations, or with nationally recognized eleemosynary institutions that promote excellence in the arts, mathematics, or science. The written agreements may provide for tuition free attendance at the local district school by foreign exchange students, or by nonresident pupils of eleemosynary institutions. The local board of education, as part of the agreement, may require that the cultural exchange program or the eleemosynary institutions provide services to the district in exchange for the waiver of nonresident tuition.

To enter into written agreements with adjacent school districts to provide for tuition free attendance by a student of the adjacent district when requested for the student's health and safety by the student or parent and both districts determine that the student's health or safety will be served by such attendance. Districts shall not be required to enter into such agreements nor be required to alter existing transportation services due to the attendance of such non-resident pupils, except as otherwise provided under Article 13C of this Code.

(a-5) If, at the time of enrollment, a dependent of United States military personnel is housed in temporary housing located outside of a school district, but will be living within the district within 60 days after the time of initial enrollment, the dependent must be allowed to enroll, subject to the requirements of this subsection (a-5), and must not be charged tuition. Any United States military personnel attempting to enroll a dependent under this subsection (a-5) shall provide proof that the dependent will be living within the district within 60 days after the time of initial enrollment. Proof of residency may include, but is not limited to, postmarked mail addressed to the military personnel and sent to an address located within the district, a lease agreement for occupancy of a residence located within the district, or proof of ownership of a residence located within the district.

(b) Nonresident pupils and foreign exchange students attending school on a tuition free basis under such agreements and nonresident dependents of United States military personnel attending school on a tuition free basis may be counted for the purposes of determining the apportionment of State aid provided under Section 18-8.05 of this Code, provided that any cultural exchange organization or eleemosynary institutions wishing to participate in an agreement authorized under this Section must be approved in writing by the State Board of Education. The State Board of Education may establish reasonable rules to determine the eligibility of cultural exchange organizations or eleemosynary institutions wishing to participate in agreements authorized under this Section. No organization or institution participating in agreements authorized under this Section may exclude any individual for participation in its program on account of the person's race, color, sex, religion or nationality.

(Source: P.A. 93-740, eff. 7-15-04.)"; and

on page 9, by replacing lines 11 and 12 with the following:

"status as an expectant and parenting youth or as a victim of domestic or sexual violence be considered as a factor in"; and

on page 9, by replacing lines 28 through 35 with the following: "basis."; and

on page 10, line 13, by deleting "for as long as needed"; and

on page 10, by replacing lines 15 through 22 with the following:

"has indicated to the district, in writing, that the pupil's child has a serious health condition, that the pupil is needed to provide care to this child for at least 2 or more consecutive weeks of school, and that alternative care for the child is unavailable, or (4) to treat physical or mental health complications arising from domestic or sexual violence when the pupil's domestic or sexual violence service provider or health care provider has indicated to the district, in writing, that such care is needed and will cause an absence for 2 or more consecutive weeks of school."; and

on page 11, immediately below line 6, by inserting the following:

"In this Section:

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider.

"Domestic or sexual violence service provider" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence, including a rape crisis center, an organization carrying out a domestic violence program, or an organization operating a shelter or providing counseling services."; and

on page 17, line 3, after "permission.", by inserting "Involvement of the parent or guardian of a youth who is the victim of domestic or sexual violence shall be consistent with Section 13C-35 of this Code."; and

on page 17, line 15, by replacing "group and" with "group;"; and

on page 17, line 16, after "protocols", by inserting "; local working group"; and

on page 17, line 21, by replacing "and sexual violence community" with ", sexual violence, and expectant and parenting youth advocacy communities"; and

on page 17, line 35, by replacing "and sexual violence community" with ", sexual violence, and expectant and parenting youth advocacy communities"; and

on page 18, line 28, by deleting "and"; and

on page 18, by replacing lines 29 through 30 with the following:

"no later than August 1,"; and

on page 18, line 34, by replacing "July 1, 2006." with "January 1, 2007. Written copies of all policies, procedures, and protocols must be available to the public upon request."; and

on page 18, immediately below line 34, by inserting the following:

"(e) The statewide working group shall investigate and make recommendations to the State Board of Education on how to count and report the graduation, transfer, and dropout rates of youth who are expectant parents, parents, and victims of domestic or sexual violence."; and

on page 19, by replacing lines 16 through 35 with the following:

"(a) Each school district shall designate or appoint at least one staff person who is either a school social worker, psychologist, counselor, or nurse and who is trained to address in a confidential and sensitive manner the needs of youth who are expectant parents, parents, or victims of domestic or sexual violence. School districts with more than 10,000 students shall designate or appoint at least one additional staff person who is either a school social worker, psychologist, counselor, or nurse and who is trained to address in a confidential and sensitive manner the needs of youth who are expectant parents, parents, or victims of domestic or sexual violence for every additional 10,000 students. However, no school district is required to designate or appoint more than 10 specially trained school personnel. Designated staff shall be responsible for, but not limited to, all of the following activities:

(1) Communicating with and listening to such youth.

(2) Connecting such youth to appropriate in-school services and other agencies, programs, and services as needed.

(3) Implementing the school district's policy, procedures, and protocols as set forth in this Law.

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

(b) At a minimum, designated or appointed staff shall be trained to understand, provide information and referrals, and address issues pertaining to youth who are expectant parents, parents, or victims of domestic or sexual violence."; and

on page 20, by deleting lines 1 through 31; and

on page 21, by replacing lines 18 and 19 with the following:

"youth shall be referred to the school district's specially trained personnel. The specially trained personnel"; and

on page 21, line 20, by deleting "psychologist"; and

on page 21, by replacing lines 32 and 33 with the following:

"mediated by the school district's specially trained personnel."; and

on page 21, line 34, after "school", by inserting "district's specially trained personnel"; and

on page 21, by replacing line 35 with the following:

"about the"; and

on page 22, line 5, by replacing "a school" with "neither the school district's specially trained personnel nor a school counselor, social worker, or psychologist may assist"; and

on page 22, by replacing line 6 with the following:

"that"; and

on page 22, lines 11 and 12, by replacing "school counselor, social worker, or psychologist" with "school district's specially trained personnel"; and

on page 22, line 16, after "preclude", by inserting "a school district's specially trained personnel or"; and

on page 23, by replacing "21" with "19"; and

on page 24, line 16, by replacing "must" with "should"; and

on page 24, line 23, by replacing "shall" with "should"; and

on page 24, line 27, by replacing "must" with "should"; and

on page 24, line 29, by replacing "shall" with "should"; and

on page 25, by replacing lines 13 and 14 with the following:

"domestic or sexual violence and (ii) in accordance with the"; and

on page 25, by deleting lines 23 through 30; and

on page 25, line 31, by replacing "(c)" with "(b)"; and

on page 25, immediately below line 34, by inserting the following:

"(c) School districts shall waive tuition for youth who transfer out of a previous school district into a school district in which the youth is a nonresident to accommodate safety concerns arising out of domestic or sexual violence."; and

on page 26, by deleting lines 4 through 23; and

on page 26, line 24, by replacing "(3)" with "(2)"; and

on page 27, line 1, by deleting "in"; and

on page 27, by replacing lines 2 through 4 with the following:

". No such youth shall be"; and

on page 28, line 12, by replacing "In-school" with "Education and"; and

on page 28, by replacing lines 13 through 35 with the following:

"(a) If a youth who is an expectant parent, parent, or victim of domestic or sexual violence is at risk of academic failure or displays poor academic performance, the youth or the youth's parent or guardian may request that the school district provide the youth with or refer the youth to education and support services designed to assist the youth in meeting State learning standards and to assist the youth in completing his or her education in a safe, secure, and encouraging learning environment.

(b) School districts may either provide such education and support services directly or may collaborate with public or private State, local, or community-based organizations or agencies that provide these services.

(c) Schools shall honor a youth's decision to obtain education and support services, to terminate receipt of such services, or to decline participation in these services. No youth is obligated to obtain education and support services."; and

on page 30, line 10, by replacing "School districts shall assist" with "When possible, school districts should assist"; and

on page 31, lines 4 and 5, by deleting ", and to a school counselor, social worker, or psychologist"; and

on page 31, line 9, by replacing "School officials shall" with "Upon request of a youth who is an expectant parent, parent, or victim of domestic or sexual violence or the youth's parent or guardian, school officials shall assist the youth in developing a student success"; and

on page 31, by deleting lines 10 and 11; and

on page 32, line 34, after "ombudsperson", by inserting "; civil action"; and

on page 33, line 10, by deleting "Procedures required shall"; and

by deleting line 11 on page 33 through line 21 on page 34; and

on page 34, immediately below line 25, by inserting:

"(c) No youth may be required to testify publicly concerning allegations of domestic or sexual violence or concerning the youth's efforts to enforce any of his or her rights under this Law.

(d) Any party to a dispute under this Law may file a civil action in a court of competent jurisdiction to seek all appropriate relief, including, but not limited to, injunctive relief and monetary damages. In any civil action, a party whose rights under this Law are found to have been violated shall be entitled to recover reasonable attorney's fees and costs."; and

by deleting line 26 on page 34 through line 36 on page 35; and

on page 36, line 8, by replacing ", homelessness, or child care needs" with "or homelessness"; and

on page 36, by replacing lines 13 through 34 with the following:

"(a) School districts shall notify all current students, applicants for admission, and the parents or guardians of these students and applicants that youth who are expectant parents, parents, or the victims of domestic or sexual violence have the right to enroll and attend school, to receive the same or equivalent educational instruction as other students, and to complete their education successfully and in a safe, secure, and encouraging learning environment.

(b) Written notice of educational rights listed in subsection (a) of this Section shall be disseminated physically at least once per year to students and their parents or guardians. The written notice shall include the names of the school district's specially trained personnel and how to contact them. The means for physical dissemination of this information may include without limitation incorporating the information in a student handbook and including the information in a district newsletter. In addition, written notice shall be distributed at the time of any adverse action, including, but not limited to, disenrollment, suspension, and expulsion.

(c) Written notice of the educational rights listed in subsection (a) of this Section shall be available at all times to students and their parents or guardians upon request in the school district's offices. Written notice of these educational rights shall be posted at all times in a conspicuous place in each school, such as in the school lunchroom and student restrooms. The written notice shall also be posted on the school district's Internet website, if any, at all times."; and

on page 37, by deleting lines 1 through 12; and

by deleting line 21 on page 37 through line 4 on page 38; and

on page 38, line 12, by replacing "July 1, 2006" with "January 1, 2007"; and

on page 42, by deleting lines 5 through 15; and

on page 46, line 31, after the period, by inserting "School districts shall waive tuition for youth who transfer out of a previous school district into a school district in which the youth is a nonresident to accommodate safety concerns arising out of domestic or sexual violence.".