SB1702 98TH GENERAL ASSEMBLY

LRB098 07458 NHT 37526 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1702

Introduced 2/15/2013, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

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

Provides that the purpose of the Act is to ensure that children and youth who are parents, expectant parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety; treated with dignity and regard; and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma. Amends the School Code and the Illinois School Student Records Act to make changes concerning definitions, the transfer of students, the suspension or expulsion of pupils, home instruction, the review and revision of policies, confidentiality, ombudspersons, accommodations and services, alternative public schools, compulsory school attendance, charter schools, and the right to inspect and copy school student permanent and temporary records. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Purpose. The purpose of this Act is to ensure that children and youth who are parents, expectant parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety; treated with dignity and regard; and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma. This Act shall be interpreted liberally to aid in this purpose.

Section 5. The School Code is amended by changing Sections 1-3, 10-21.3a, 10-22.6, 10-22.6a, 13A-11, 26-2a, 27A-5, and 34-18.24 and by adding Sections 10-30, 10-35, 10-40, and 10-45 as follows:

(105 ILCS 5/1-3) (from Ch. 122, par. 1-3)

Sec. 1-3. Definitions.

(a) In this Code:

The terms "common schools", "free schools" and "public schools" are used interchangeably to apply to any school operated by authority of this Act.

"School board" means the governing body of any district created or operating under authority of this Act, including board of school directors and board of education. When the context so indicates it also means the governing body of any non-high school district and of any special charter district, including board of school inspectors.

"Special charter district" means any city, township or district organized into a school district, under a special Act or charter of the General Assembly or in which schools are now managed and operating within such unit in whole or in part under the terms of such special Act or charter.

(b) In provisions of this Code relating to children and youth who are parents, expectant parents, or victims of domestic or sexual violence:

"At risk of academic failure" means a student who is at risk of failing to meet State learning standards or failing to graduate from elementary or high school and who demonstrates a need for educational support or social services beyond those provided by the regular school program.

"Domestic or sexual violence" means domestic violence, sexual assault, sexual harassment, or stalking. Domestic or sexual violence may occur through electronic communication. Domestic or sexual violence exists regardless of when the violence occurred, whether or not the domestic or sexual violence is the subject of a criminal investigation or the perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or has been issued by a court, and whether or not any domestic or sexual violence took place on school grounds during regular school hours or during a school-sponsored event. Consent to any act that may constitute domestic or sexual violence means a freely given agreement to the act. Lack of verbal or physical resistance or submission by the victim does not constitute consent, and the manner of dress of the victim does not constitute consent. For purposes of children and youth asserting their rights under provisions relating to domestic or sexual violence in Sections 10-21.3a, 10-22.6, 10-22.6a, 10-45 (verification may be required for accommodations only, such as a change in classroom, not for services), 26-2, 26-2a, and 34-18.24, a school district may require verification. Any one of the following shall be acceptable verification of a child's or youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim. This may be in the form of a complaint.

(2) A police report, government agency record, or court record.

(3) A statement or other documentation from a domestic or sexual violence organization or any other organization from which the youth sought services or advice.

(4) Documentation from a lawyer, clergy person, medical professional, or other professional from whom the youth sought domestic or sexual violence services or advice.

(5) Any other evidence, such as physical evidence of violence, that supports the claim.

The person named to be the perpetrator, the perpetrator's family, or any other person named by the youth or named by the youth's parent or guardian to be unsafe to contact must not be contacted to verify the abuse. The perpetrator, the perpetrator's family, or any other person named by the youth or the youth's parent or guardian to be unsafe must not be contacted for any other reason without written permission of the youth or written permission of the youth's parent or guardian. Permission of the youth's parent or guardian shall not be pursued when the youth alleges that his or her health or safety would be threatened if the school or school district contacts the youth's parent or guardian to obtain written permission.

The youth or the youth's parent or guardian may choose which form of documentation is submitted as acceptable verification. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence shall not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator. This applies to all schools and school districts, including special charter districts and districts organized under Article 33 or 34 of this Code.

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence or address the consequences of such violence for its victims through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" means abuse, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, by a family or household member, as defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Electronic communication" includes communications via telephone, mobile phone, computer, e-mail, video recorder, fax machine, telex, or pager or any other electronic communication as defined in Section 12-7.5 of the Criminal Code of 2012.

"Equivalent educational experience" means an educational experience that is designed to promote a youth's continued learning and re-integration into the classroom and regular education program.

"Expectant parent" means a student who is pregnant or a student who intends to act as a parent and seeks services for teen parents and who has not yet received a diploma for completion of secondary education, as defined in Section 22-22 of this Code.

"Harassment" means unwelcome conduct of a sexual nature, including sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, and unwelcome conduct, including verbal, nonverbal, or physical conduct that is not sexual in nature, but is related to a student's status as a parent, expectant parent, or victim of domestic or sexual violence.

"Parent", as it relates to a student, means a student who is a custodial parent or a noncustodial parent taking an active role in the care and supervision of a child and who has not yet received a diploma for completion of secondary education, as defined in Section 22-22 of this Code.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Poor academic performance" means that a student has (i) scored in the 50th percentile or below on district-administered standardized tests; (ii) received a score on a State assessment that does not meet standards in one or more of the fundamental learning areas under Section 27-1 of this Code, as applicable for the student's grade level; or (iii) not met grade-level expectations on a district-designed assessment.

"School", for purposes of provisions of this Code relating to children and youth who are parents, expectant parents, or victims of domestic or sexual violence, means without limitation (i) a public or State-operated elementary or secondary school; (ii) a school operated pursuant to an agreement with a public school district, including a cooperative or joint agreement with a governing body or board of control; (iii) a charter school operating in compliance with the Charter Schools Law; (iv) a school operated under Section 13A-3 of this Code; (v) an alternative school operated by third parties within the City of Chicago under Section 13A-11 of this Code; (vi) an alternative learning opportunities program operated under Article 13B of this Code; or (vii) a public school administered by a local public agency or the Department of Human Services operating pursuant to the authority of this Code.

"School district", for purposes of provisions of this Code relating to children and youth who are parents, expectant parents, or victims of domestic or sexual violence, means any public entity responsible for administering schools, including districts subject to Article 33 or 34 of this Code, and includes other entities responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, and the Department of Human Services.

"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.

"Sexual assault" means any conduct of an adult or minor child proscribed in Sections 11-0.1, 11-1.20, 11-1.30, 11-1.40, 11-1.50, and 11-1.60 of the Criminal Code of 2012, including conduct committed by perpetrators who are strangers to the victim and conduct committed by perpetrators who are known or related by blood or marriage to the victim.

"Sexual violence" means sexual assault, stalking, harassment, or any conduct proscribed in Subdivisions 5 and 10 of Article 11 of the Criminal Code of 2012.

"Stalking" means any conduct proscribed in Sections 12-7.3, 12-7.4, and 12-7.5 of the Criminal Code of 2012, including stalking committed by perpetrators who are strangers to the victim and stalking committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" or "pupil" means any child or youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet received a diploma for completion of secondary education, as defined in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence. The individual is a "victim" of domestic or sexual violence regardless of when the violence occurred, whether or not the domestic or sexual violence is the subject of a criminal investigation or the perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or has been issued by a court, and whether or not any domestic or sexual violence took place on school grounds during regular school hours or during a school-sponsored event.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not received a diploma for completion of secondary education, as defined in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.

The definitions under this subsection (b) apply to all schools and school districts, including special charter districts and districts organized under Article 33 or 34 of this Code.

(Source: Laws 1961, p. 31.)

(105 ILCS 5/10-21.3a)

Sec. 10-21.3a. Transfer of students.

(a) Each school board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student's parent or guardian. Any request by a parent or guardian to transfer his or her child from one attendance center to another within the school district pursuant to Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6316) must be made no later than 30 days after the parent or guardian receives notice of the right to transfer pursuant to that law. A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student's grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6316).

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) Each school board shall establish and implement a policy governing the transfer of students within a school district from a persistently dangerous school to another public school in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous school, the school must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the school expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C. 921.

(3) Have at least 3% of the students enrolled in the school exercise the individual option to transfer schools pursuant to subsection (c) of this Section.

(c) A student may transfer from one public school to another public school in that district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act. The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event. A student who is a victim of domestic or sexual violence, regardless of when the violence occurred, whether or not the domestic or sexual violence is the subject of a criminal investigation or the student's perpetrator has been criminally charged or convicted, or whether the domestic or sexual violence occurred on school grounds during regular school hours or during a school-sponsored event, shall be permitted to transfer schools immediately and as needed, including to a school in another school district, if the student's continued attendance at a particular school facility or location poses a risk to his or her mental or physical well-being or safety. School districts shall waive tuition for children and youth who transfer into a school district in which the child or youth is a nonresident to accommodate the mental and physical well-being or safety concerns of the youth who is a victim of domestic or sexual violence. A student who transfers due to domestic or sexual violence must have full access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. No adverse or prejudicial effects may result to any student who is a victim of domestic or sexual violence because of his or her availing himself or herself of or declining the provisions of this Section.

(d) Transfers made pursuant to subsections (b) and (c) of this Section shall be made in compliance with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

(Source: P.A. 96-328, eff. 8-11-09.)

(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

Sec. 10-22.6. Suspension or expulsion of pupils; school searches.

(a) To expel pupils guilty of gross disobedience or misconduct, including gross disobedience or misconduct perpetuated by electronic means, and no action shall lie against them for such expulsion. Expulsion shall take place only after the parents have been requested to appear at a meeting of the board, or with a hearing officer appointed by it, to discuss their child's behavior. Such request shall be made by registered or certified mail and shall state the time, place and purpose of the meeting. The board, or a hearing officer appointed by it, at such meeting shall state the reasons for dismissal and the date on which the expulsion is to become effective. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting and the board may take such action thereon as it finds appropriate. An expelled pupil may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the expulsion, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

(b) To suspend or by policy to authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension. The board may by policy authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of such acts for a period not to exceed 10 school days. If a pupil is suspended due to gross disobedience or misconduct on a school bus, the board may suspend the pupil in excess of 10 school days for safety reasons. Any suspension shall be reported immediately to the parents or guardian of such pupil along with a full statement of the reasons for such suspension and a notice of their right to a review. The school board must be given a summary of the notice, including the reason for the suspension and the suspension length. Upon request of the parents or guardian the school board or a hearing officer appointed by it shall review such action of the superintendent or principal, assistant principal, or dean of students. At such review the parents or guardian of the pupil may appear and discuss the suspension with the board or its hearing officer. If a hearing officer is appointed by the board he shall report to the board a written summary of the evidence heard at the meeting. After its hearing or upon receipt of the written report of its hearing officer, the board may take such action as it finds appropriate. A pupil who is suspended in excess of 20 school days may be immediately transferred to an alternative program in the manner provided in Article 13A or 13B of this Code. A pupil must not be denied transfer because of the suspension, except in cases in which such transfer is deemed to cause a threat to the safety of students or staff in the alternative program.

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

(c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.

(d) The board may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis. A student who is determined to have brought one of the following objects to school, any school-sponsored activity or event, or any activity or event that bears a reasonable relationship to school shall be expelled for a period of not less than one year:

(1) A firearm. For the purposes of this Section, "firearm" means any gun, rifle, shotgun, weapon as defined by Section 921 of Title 18 of the United States Code, firearm as defined in Section 1.1 of the Firearm Owners Identification Card Act, or firearm as defined in Section 24-1 of the Criminal Code of 2012. The expulsion period under this subdivision (1) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis.

(2) A knife, brass knuckles or other knuckle weapon regardless of its composition, a billy club, or any other object if used or attempted to be used to cause bodily harm, including "look alikes" of any firearm as defined in subdivision (1) of this subsection (d). The expulsion requirement under this subdivision (2) may be modified by the superintendent, and the superintendent's determination may be modified by the board on a case-by-case basis. Expulsion or suspension shall be construed in a manner consistent with the Federal Individuals with Disabilities Education Act. A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program in accordance with Article 13A of the School Code. The provisions of this subsection (d) apply in all school districts, including special charter districts and districts organized under Article 34.

(d-5) The board may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a period not to exceed 10 school days or may expel a student for a definite period of time not to exceed 2 calendar years, as determined on a case by case basis, if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school. The provisions of this subsection (d-5) apply in all school districts, including special charter districts and districts organized under Article 34 of this Code.

(e) To maintain order and security in the schools, school authorities may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant. As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas. School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs. If a search conducted in accordance with this Section produces evidence that the student has violated or is violating either the law, local ordinance, or the school's policies or rules, such evidence may be seized by school authorities, and disciplinary action may be taken. School authorities may also turn over such evidence to law enforcement authorities. The provisions of this subsection (e) apply in all school districts, including special charter districts and districts organized under Article 34.

(f) Suspension or expulsion may include suspension or expulsion from school and all school activities and a prohibition from being present on school grounds.

(g) A school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion in an alternative school program under Article 13A of this Code or an alternative learning opportunities program under Article 13B of this Code before being admitted into the school district if there is no threat to the safety of students or staff in the alternative program. A school district that adopts such a policy must include a provision allowing for consideration of a student's status as a parent, expectant parent, or victim of domestic or sexual violence as a mitigating factor in reviews during the disciplinary period and exempting on a case-by-case basis those students whose status as a parent, expectant parent, or victim of domestic or sexual violence is a factor in the behavior that gives rise to the suspension or expulsion. This subsection (g) applies to all school districts, including special charter districts and districts organized under Article 33 or 34 of this Code.

(h) If a pupil is faced with either (i) suspension from school due to gross disobedience or misconduct or suspension from riding a school bus due to gross disobedience or misconduct on the school bus as provided in this Section or (ii) expulsion due to gross disobedience or misconduct as provided in this Section and if there is a relationship between the behavior that gives rise to the suspension or expulsion proceedings and the pupil's status as a parent, expectant parent, or victim of domestic or sexual violence, then the suspension or expulsion requirement may be modified by the district superintendent on a case-by-case basis. This subsection (h) applies to all schools and school districts, including special charter districts and districts organized under Article 33 or 34 of this Code.

(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)

(105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)

Sec. 10-22.6a. To provide by home instruction, correspondence courses or otherwise courses of instruction for pupils who are unable to attend school because of pregnancy and pregnancy-related conditions, the fulfillment of parenting obligations related to the health of the pupil's child, or health or safety concerns arising from domestic or sexual violence. Such instruction shall be provided to the pupil (1) before the birth of the child when the pupil's health care provider physician has indicated to the district, in writing, that the pupil is medically unable to attend regular classroom instruction, and (2) for up to 3 months following the birth of the child or a miscarriage, (3) to care for the pupil's ill child when the child's health care provider 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, and that alternative care for the child that is adequate and affordable is unavailable, or (4) to treat physical or mental health complications or address safety concerns arising from domestic or sexual violence when the pupil's domestic or sexual violence organization or health care provider has indicated to the school or school district, in writing, that such care is needed and will cause an absence for 2 or more consecutive weeks of school.

The instruction course shall be designed to offer educational experiences that are equivalent to those given to pupils at the same grade level in the district and that are designed to enable the pupil to return to the classroom.

Notwithstanding any other law to the contrary, if a pupil is unable to attend regular classes because of the reasons set forth in this Section and if the pupil has participated in instruction under this Section that is administered by the school or school district, then the pupil must not be penalized for grading purposes nor be denied course completion, a return to regular classroom instruction, grade level advancement, or graduation solely on the basis of the pupil's participation in instruction under this Section or the pupil's absence from the regular education program during the period of instruction under this Section. Schools and school districts shall not use instruction under this Section in lieu of making reasonable accommodations so that children and youth who are parents, expectant parents, or victims of domestic or sexual violence can receive regular classroom instruction.

(Source: P.A. 84-1430.)

(105 ILCS 5/10-30 new)

Sec. 10-30. Review and revision of policies. All schools and school districts shall review all existing policies and procedures and revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any youth who is a parent, expectant parent, or victim of domestic or sexual violence or any policies or procedures that may compromise a criminal investigation relating to domestic or sexual violence or re-victimize the youth. School districts shall adopt new policies and procedures, as needed, to implement this amendatory Act of the 98th General Assembly and to ensure that immediate and effective steps are taken to respond to youth who are parents, expectant parents, or victims of domestic or sexual violence. School districts shall confer with persons with expertise in youth who are parents and expectant parents and with persons with expertise in youth who are victims of domestic and sexual violence, including domestic and sexual violence organizations, in the review and revision of existing policies and procedures and the adoption and implementation of new policies and procedures, including those related to confidentiality, parental involvement, and a youth's health or safety-related concerns in connection with notifying a parent or guardian; the development and distribution of materials related to such youth, including outreach to youth not in school; ensuring that all materials are age appropriate and culturally sensitive; and ensuring that youth are notified of and understand the policies and procedures, such as how and to whom to report any incident of domestic or sexual violence. School districts shall take all actions necessary to comply with this Section no later than July 1, 2014 and every 2 years after July 1, 2014.

(105 ILCS 5/10-35 new)

Sec. 10-35. Confidentiality. School districts shall adopt and implement a policy and protocol to ensure that all information concerning a youth's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence provided to the school or school district or its employees or agents pursuant to this Code or otherwise, including a statement of the youth or any other documentation, record, or corroborating evidence and the fact that the youth has requested or obtained assistance, accommodations, or services pursuant to this Code, shall be retained in the strictest confidence by the school or school district or its employees or agents and shall not be disclosed to any other individual, including any other employee, except to the extent that disclosure is (i) requested or consented to in writing by the youth or the youth's parent or guardian, if it is safe to obtain written consent of the youth's parent or guardian, or (ii) otherwise required by applicable federal or State law. Prior to disclosing information about a student's status as a parent, expectant parent, or victim of domestic or sexual violence, the school shall notify the student and discuss and address any safety concerns related to such disclosure, including instances where the student indicates or the school or school district or its employees or agents are otherwise aware that the student's health or safety may be at risk if disclosed to the student's parent or legal guardian. No youth shall be required to testify publicly concerning his or her status as a victim of domestic or sexual violence, allegations of domestic or sexual violence, his or her status as a parent or expectant parent, or the youth's efforts to enforce any of his or her rights under provisions in this Code relating to youth who are parents, expectant parents, or victims of domestic or sexual violence.

In the case of domestic or sexual violence, the person named to be the perpetrator, the perpetrator's family, or any other person named by the youth or named by the youth's parent or guardian to be unsafe to contact must not be contacted to verify the abuse. The perpetrator, the perpetrator's family, or any other person named by the youth or the youth's parent or guardian to be unsafe must not be contacted for any other reason without written permission of the youth or written permission of the youth's parent or guardian. Permission of the youth's parent or guardian shall not be pursued when the youth alleges that his or her health or safety would be threatened if the school or school district contacts the youth's parent or guardian to obtain written permission. School districts shall take all actions necessary to comply with this Section no later than January 1, 2014.

(105 ILCS 5/10-40 new)

Sec. 10-40. Ombudsperson.

(a) Each school district shall designate or appoint at least one staff person at each school in the district who is employed at least half-time at the school and who is a school social worker, psychologist, counselor, nurse, or administrator trained to address in a culturally competent, confidential, and sensitive manner the needs of children and youth who are parents, expectant parents, or victims of domestic or sexual violence.

Designated or appointed staff shall be responsible for, without limitation, all of the following activities:

(1) Communicating with and listening to youth who are parents, expectant parents, or victims of domestic or sexual violence.

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

(3) Coordinating and monitoring the implementation of the school and school district's policies, procedures, and protocols in cases involving student allegations of domestic or sexual violence.

(4) Coordinating and monitoring the implementation of the school and school district's policies, procedures, and protocols as set forth in provisions of this Code concerning students who are parents, expectant parents, or victims of domestic or sexual violence.

(5) Assisting such youth in their efforts to exercise and preserve their rights as set forth in provisions of this Code concerning students who are parents, expectant parents, or victims of domestic or sexual violence.

(6) Assisting in providing staff development to establish a positive and sensitive learning environment for such youth.

(b) Designated or appointed staff shall (i) be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence, including the theories and dynamics of domestic and sexual violence, the necessity for confidentiality and the law, policy, procedures, and protocols implementing confidentiality, and the notification of such youth's parent or guardian regarding the youth's status as a parent, expectant parent, or victim of domestic or sexual violence or the enforcement of such youth's rights under this Code when such notice of the youth's status or the involvement of such youth's parent or guardian may put the health or safety of the youth at risk; or (ii) at a minimum, have participated in an in-service training program under subsection (d) of Section 10-22.39 of this Code within the 12 months prior to designation or appointment.

(c) School districts shall designate or appoint and train all ombudspersons, and such personnel shall assist in implementing the duties described in this Section no later than April 1, 2014, except in those school districts where there exists a collective bargaining agreement at the time this Section becomes effective and where implementation of this Section would be a violation of that collective bargaining agreement on or before April 1, 2014. In the event implementation of some activities required under this Section is prevented by an existing collective bargaining agreement, school districts must comply with this Section to the fullest extent allowed by the existing collective bargaining agreement no later than April 1, 2014. In those instances where a collective bargaining agreement, which either fully or partially prevents full implementation of this Section, expires after April 1, 2014, school districts shall designate or appoint and train all ombudspersons, who shall implement the duties described in this Section no later than the effective date of the new collective bargaining agreement that immediately succeeds the collective bargaining agreement in effect at the time this Section becomes effective.

(d) This Section applies to all schools and school districts, including special charter schools and districts and schools and districts organized under Article 33 or 34 of this Code.

(105 ILCS 5/10-45 new)

Sec. 10-45. Accommodations and services.

(a) To facilitate the full participation of youth who are parents, expectant parents, or victims of domestic or sexual violence, schools and school districts shall provide these youth with reasonable accommodations and adjustments in school policy and practice, in-school support services, access to non-school based support services, and the ability to make up work missed on account of circumstances related to the youth's status as a parent, expectant parent, or victim of domestic or sexual violence. Victims of domestic or sexual violence shall have access to these accommodations and services regardless of when or where the violence for which they are seeking accommodations or services occurred. All accommodations and services shall be continued for as long as necessary to maintain the mental and physical well-being and safety of the youth.

(b) Reasonable accommodations and adjustments shall include, but not be limited to, the provision of sufficiently private settings to ensure confidentiality and time off from class for meetings with counselors or other service providers; assisting the youth in creating a student success plan; transfer of the victim of domestic or sexual violence or the student perpetrator to a different classroom or school; change of seating assignment; implementation of in-school, school grounds, and bus safety procedures; honoring court orders, including orders of protection and no-contact orders; and any other accommodation that may facilitate the full participation in the regular education program of youth who are parents, expectant parents, or victims of domestic or sexual violence.

(c) If a youth who is a parent, expectant 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 and 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. Schools and school districts may either provide education or support services directly or may collaborate with public or private State, local, or community-based organizations or agencies that provide these services. Schools and school districts shall also assist youth who are parents, expectant parents, or victims of domestic or sexual violence in accessing the support services of non-school based organizations and agencies where such youth typically receive services in the community.

(d) Any youth who is unable, because of circumstances related to the youth's status as a parent, expectant parent, or victim of domestic or sexual violence, to participate in classes on a particular day or days or at a particular time of day must be excused from any examination or any study or work assignments on such particular day or days or at such particular time of day. It is the responsibility of the teachers and of the school administrative personnel and officials to make available to each youth who is unable to participate because of circumstances related to the youth's status as a parent, expectant parent, or victim of domestic or sexual violence a meaningful opportunity to make up any examination, study, or work requirements that he or she has missed because of such inability to participate on any particular day or days or at any particular time of day.

Costs assessed by a school or school district on youth for participation in such activities shall be considered savable fees for any youth whose parents or guardians are unable to afford them, consistent with the provisions of Section 10-20.13 of this Code. School districts shall adopt written policies and procedures for waiver of such fees in accordance with rules adopted by the State Board of Education.

(e) When a school or school district employee or agent becomes aware of or suspects a youth's status as a parent, expectant parent, or victim of domestic or sexual violence, it is the responsibility of the employee or agent of the school or school district to inform the youth of the available services and accommodations at school and in the community that may assist the youth in maintaining his or her full educational participation and his or her successful performance. The school or school district employee or agent shall also refer the youth to the school district's specially trained personnel as set forth in Section 10-40 of this Code. Respecting youth privacy, confidentiality, mental and physical health, and safety shall be the paramount concern.

(f) Schools shall honor a youth's decision to obtain education and support services, accommodations, and non-school based support services, to terminate the receipt of such services, or to decline participation in such services. No youth is obligated to use education and support services, accommodations, or non-school based support services. In developing accommodations, adjustments, or educational support services, the privacy, mental and physical health, and safety of the youth shall be the paramount concern. No adverse or prejudicial effects may result to any youth because of his or her availing himself or herself of or declining the provisions of this Section.

(g) Any support services must be available to youth receiving education and support services in any school or by home or hospital instruction.

(h) Individual, peer, group, and family counseling services or psychotherapy shall be available consistent with the provisions of the Mental Health and Developmental Disabilities Code.

(105 ILCS 5/13A-11)

Sec. 13A-11. Chicago public schools.

(a) The Chicago Board of Education may establish alternative schools within Chicago and may contract with third parties for services otherwise performed by employees, including those in a bargaining unit, in accordance with Sections 34-8.1, 34-18, and 34-49.

(b) Alternative schools operated by third parties within Chicago shall be exempt from all provisions of the School Code, except provisions concerning:

(1) Student civil rights;

(2) Staff civil rights;

(3) Health and safety;

(4) Performance and financial audits;

(5) The Illinois Goals Assessment Program;

(6) Chicago learning outcomes;

(7) Sections 2-3.25a through 2-3.25j of the School Code;

(8) The Inspector General; and

(9) Section 34-2.4b of the School Code; and .

(10) Children and youth who are parents, expectant parents, or victims of domestic or sexual violence.

(Source: P.A. 89-383, eff. 8-18-95; 89-636, eff. 8-9-96.)

(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)

Sec. 26-2a. A "truant" is defined as a child subject to compulsory school attendance and who is absent without valid cause from such attendance for a school day or portion thereof.

"Valid cause" for absence shall be illness, attendance at pregnancy-related medical appointments, observance of a religious holiday, death in the immediate family, family emergency, fulfillment of the student's parenting responsibilities (including, but not limited to, arranging and providing child care, caring for the student's sick child, and attending medical appointments for the student's child), or addressing circumstances resulting from domestic or sexual violence (including, but not limited to, experiencing domestic or sexual violence, recovering from physical or psychological injuries, seeking medical attention, seeking services from a domestic or sexual victim services organization, seeking psychological or other counseling, participating in safety planning, temporarily or permanently relocating, seeking legal assistance or remedies, or taking other actions to increase the safety or health of the student or to protect the student from future domestic or sexual violence) and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent or the student for the safety or health of the student.

"Chronic or habitual truant" shall be defined as a child who is subject to compulsory school attendance and who is absent without valid cause from such attendance for 5% or more of the previous 180 regular attendance days.

"Truant minor" is defined as a chronic truant to whom supportive services, including prevention, diagnostic, intervention and remedial services, alternative programs and other school and community resources have been provided and have failed to result in the cessation of chronic truancy, or have been offered and refused.

A "dropout" is defined as any child enrolled in grades 9 through 12 whose name has been removed from the district enrollment roster for any reason other than the student's death, extended illness, removal for medical non-compliance, expulsion, aging out, graduation, or completion of a program of studies and who has not transferred to another public or private school and is not known to be home-schooled by his or her parents or guardians or continuing school in another country.

"Religion" for the purposes of this Article, includes all aspects of religious observance and practice, as well as belief.

(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)

(105 ILCS 5/27A-5)

Sec. 27A-5. Charter school; legal entity; requirements.

(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school. A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal, nonprofit entity authorized under the laws of the State of Illinois.

(b) A charter school may be established under this Article by creating a new school or by converting an existing public school or attendance center to charter school status. Beginning on the effective date of this amendatory Act of the 93rd General Assembly, in all new applications submitted to the State Board or a local school board to establish a charter school in a city having a population exceeding 500,000, operation of the charter school shall be limited to one campus. The changes made to this Section by this amendatory Act of the 93rd General Assembly do not apply to charter schools existing or approved on or before the effective date of this amendatory Act.

(c) A charter school shall be administered and governed by its board of directors or other governing body in the manner provided in its charter. The governing body of a charter school shall be subject to the Freedom of Information Act and the Open Meetings Act.

(d) A charter school shall comply with all applicable health and safety requirements applicable to public schools under the laws of the State of Illinois.

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.

(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but not limited to, the preparation of its budget. An audit of each charter school's finances shall be conducted annually by an outside, independent contractor retained by the charter school. Annually, by December 1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990 the charter school filed that year with the federal Internal Revenue Service.

(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations Act, and its charter. A charter school is exempt from all other State laws and regulations in the School Code governing public schools and local school board policies, except the following:

(1) Sections 10-21.9 and 34-18.5 of the School Code regarding criminal history records checks and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database of applicants for employment;

(2) Sections 24-24 and 34-84A of the School Code regarding discipline of students;

(3) The Local Governmental and Governmental Employees Tort Immunity Act;

(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of officers, directors, employees, and agents;

(5) The Abused and Neglected Child Reporting Act;

(6) The Illinois School Student Records Act;

(7) Section 10-17a of the School Code regarding school report cards; and

(8) The P-20 Longitudinal Education Data System Act; and .

(9) All provisions concerning students who are parents, expectant parents, or victims of domestic or sexual violence.

The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.

(h) A charter school may negotiate and contract with a school district, the governing body of a State college or university or public community college, or any other public or for-profit or nonprofit private entity for: (i) the use of a school building and grounds or any other real property or facilities that the charter school desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and (iii) the provision of any service, activity, or undertaking that the charter school is required to perform in order to carry out the terms of its charter. However, a charter school that is established on or after the effective date of this amendatory Act of the 93rd General Assembly and that operates in a city having a population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school during the period that commences on the effective date of this amendatory Act of the 93rd General Assembly and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i) of this Section, a school district may charge a charter school reasonable rent for the use of the district's buildings, grounds, and facilities. Any services for which a charter school contracts with a school district shall be provided by the district at cost. Any services for which a charter school contracts with a local school board or with the governing body of a State college or university or public community college shall be provided by the public entity at cost.

(i) In no event shall a charter school that is established by converting an existing school or attendance center to charter school status be required to pay rent for space that is deemed available, as negotiated and provided in the charter agreement, in school district facilities. However, all other costs for the operation and maintenance of school district facilities that are used by the charter school shall be subject to negotiation between the charter school and the local school board and shall be set forth in the charter.

(j) A charter school may limit student enrollment by age or grade level.

(k) If the charter school is approved by the Commission, then the Commission charter school is its own local education agency.

(Source: P.A. 96-104, eff. 1-1-10; 96-105, eff. 7-30-09; 96-107, eff. 7-30-09; 96-734, eff. 8-25-09; 96-1000, eff. 7-2-10; 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; revised 9-28-11.)

(105 ILCS 5/34-18.24)

Sec. 34-18.24. Transfer of students.

(a) The board shall establish and implement a policy governing the transfer of a student from one attendance center to another within the school district upon the request of the student's parent or guardian. Any request by a parent or guardian to transfer his or her child from one attendance center to another within the school district pursuant to Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6317) must be made no later than 30 days after the parent or guardian receives notice of the right to transfer pursuant to that law. A student may not transfer to any of the following attendance centers, except by change in residence if the policy authorizes enrollment based on residence in an attendance area or unless approved by the board on an individual basis:

(1) An attendance center that exceeds or as a result of the transfer would exceed its attendance capacity.

(2) An attendance center for which the board has established academic criteria for enrollment if the student does not meet the criteria, provided that the transfer must be permitted if the attendance center is the only attendance center serving the student's grade that has not been identified for school improvement, corrective action, or restructuring under Section 1116 of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 6317).

(3) Any attendance center if the transfer would prevent the school district from meeting its obligations under a State or federal law, court order, or consent decree applicable to the school district.

(b) The board shall establish and implement a policy governing the transfer of students within the school district from a persistently dangerous attendance center to another attendance center in that district that is not deemed to be persistently dangerous. In order to be considered a persistently dangerous attendance center, the attendance center must meet all of the following criteria for 2 consecutive years:

(1) Have greater than 3% of the students enrolled in the attendance center expelled for violence-related conduct.

(2) Have one or more students expelled for bringing a firearm to school as defined in 18 U.S.C. 921.

(3) Have at least 3% of the students enrolled in the attendance center exercise the individual option to transfer attendance centers pursuant to subsection (c) of this Section.

(c) A student may transfer from one attendance center to another attendance center within the district if the student is a victim of a violent crime as defined in Section 3 of the Rights of Crime Victims and Witnesses Act. The violent crime must have occurred on school grounds during regular school hours or during a school-sponsored event. A student who is a victim of domestic or sexual violence, regardless of when the violence occurred, whether or not the domestic or sexual violence is the subject of a criminal investigation or the student's perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or issued by a court, and whether or not any domestic or sexual violence took place on school grounds during regular school hours or during a school-sponsored event, shall be permitted to transfer schools immediately and as needed, including to another school district, if the student's continued attendance at a particular school facility or location poses a risk to his or her mental or physical well-being or safety. School districts shall waive tuition for youth who transfer into a school district in which the youth is a nonresident to accommodate the mental or physical well-being or safety concerns of the youth who is a victim of domestic or sexual violence. A student who transfers due to domestic or sexual violence must have full access to extracurricular activities and any programs or activities offered by or under the auspices of the school to which the student has transferred. No adverse or prejudicial effects may result to any student who is a victim of domestic or sexual violence.

(d) Transfers made pursuant to subsections (b) and (c) of this Section shall be made in compliance with the federal No Child Left Behind Act of 2001 (Public Law 107-110).

(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03.)

Section 10. The Illinois School Student Records Act is amended by changing Section 5 as follows:

(105 ILCS 10/5) (from Ch. 122, par. 50-5)

Sec. 5. (a) A parent or any person specifically designated as a representative by a parent shall have the right to inspect and copy all school student permanent and temporary records of that parent's child, except where a student is a parent, expectant parent, or victim of domestic or sexual violence. All information concerning a student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, including a statement of the student or any other documentation, record, or corroborating evidence and the fact that the student has requested or obtained assistance, accommodations, or services related to that status, shall be retained in the strictest confidence. The information contained in the student's permanent or temporary record may be disclosed if, prior to disclosing the information about a student's status as a parent, expectant parent, or victim of domestic or sexual violence, the school or school district notifies the student and discusses and addresses any health or safety concerns related to such disclosure. If the health or safety concerns cannot be satisfied to the student's satisfaction, the information concerning the student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence shall not be disclosed as part of the student's permanent or temporary record. A student shall have the right to inspect and copy his or her school student permanent record. No person who is prohibited by an order of protection from inspecting or obtaining school records of a student pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended, shall have any right of access to, or inspection of, the school records of that student. If a school's principal or person with like responsibilities or his designee has knowledge of such order of protection, the school shall prohibit access or inspection of the student's school records by such person.

(b) Whenever access to any person is granted pursuant to paragraph (a) of this Section, at the option of either the parent or the school a qualified professional, who may be a psychologist, counsellor or other advisor, and who may be an employee of the school or employed by the parent, may be present to interpret the information contained in the student temporary record. If the school requires that a professional be present, the school shall secure and bear any cost of the presence of the professional. If the parent so requests, the school shall secure and bear any cost of the presence of a professional employed by the school.

(c) A parent's or student's request to inspect and copy records, or to allow a specifically designated representative to inspect and copy records, must be granted within a reasonable time, and in no case later than 15 school days after the date of receipt of such request by the official records custodian.

(d) The school may charge its reasonable costs for the copying of school student records, not to exceed the amounts fixed in schedules adopted by the State Board, to any person permitted to copy such records, except that no parent or student shall be denied a copy of school student records as permitted under this Section 5 for inability to bear the cost of such copying.

(e) Nothing contained in this Section 5 shall make available to a parent or student confidential letters and statements of recommendation furnished in connection with applications for employment to a post-secondary educational institution or the receipt of an honor or honorary recognition, provided such letters and statements are not used for purposes other than those for which they were specifically intended, and

(1) were placed in a school student record prior to January 1, 1975; or

(2) the student has waived access thereto after being advised of his right to obtain upon request the names of all such persons making such confidential recommendations.

(f) Nothing contained in this Act shall be construed to impair or limit the confidentiality of:

(1) Communications otherwise protected by law as privileged or confidential, including but not limited to, information communicated in confidence to a physician, psychologist or other psychotherapist, school social worker, school counselor, school psychologist, or school social worker, school counselor, or school psychologist intern who works under the direct supervision of a school social worker, school counselor, or school psychologist; or

(2) Information which is communicated by a student or parent in confidence to school personnel; or

(3) Information which is communicated by a student, parent, or guardian to a law enforcement professional working in the school, except as provided by court order.

(g) No school employee shall be subjected to adverse employment action, the threat of adverse employment action, or any manner of discrimination because the employee is acting or has acted to protect communications as privileged or confidential pursuant to applicable provisions of State or federal law or rule or regulation.

(Source: P.A. 96-628, eff. 1-1-10.)

Section 99. Effective date. This Act takes effect upon becoming law.