Bill Text: IL HB2213 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Failed) 2015-01-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB2213 Detail]

Download: Illinois-2013-HB2213-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2213 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
105 ILCS 5/1-3 from Ch. 122, par. 1-3
105 ILCS 5/10-21.3a
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
105 ILCS 5/10-22.6a from Ch. 122, par. 10-22.6a
105 ILCS 5/10-30 new
105 ILCS 5/10-35 new
105 ILCS 5/10-40 new
105 ILCS 5/10-45 new
105 ILCS 5/13A-11
105 ILCS 5/26-2a from Ch. 122, par. 26-2a
105 ILCS 5/27A-5
105 ILCS 5/34-18.24
105 ILCS 10/5 from Ch. 122, par. 50-5
Provides that the purpose of the Act is to ensure that children and youth who are parents, expectant parents, or the victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety; treated with dignity and regard; and provided the protection, instruction, and related support services necessary to enable them to meet State educational standards and successfully attain a high school diploma. Amends the School Code and the Illinois School Student Records Act to make changes concerning definitions, the transfer of students, the suspension or expulsion of pupils, home instruction, the review and revision of policies, confidentiality, ombudspersons, accommodations and services, alternative public schools, compulsory school attendance, charter schools, and the right to inspect and copy school student permanent and temporary records. Effective immediately.
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FISCAL NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
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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.

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"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

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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,

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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(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)

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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

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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

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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

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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

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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,

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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,

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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

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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

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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

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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

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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

HB2213 - 32 - LRB098 07459 NHT 37527 b
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

HB2213 - 33 - LRB098 07459 NHT 37527 b
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

HB2213 - 34 - LRB098 07459 NHT 37527 b
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

HB2213 - 35 - LRB098 07459 NHT 37527 b
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

HB2213 - 36 - LRB098 07459 NHT 37527 b
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

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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

HB2213 - 38 - LRB098 07459 NHT 37527 b
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

HB2213 - 39 - LRB098 07459 NHT 37527 b
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; 97-813, eff.
7-13-12.)
(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

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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:

HB2213 - 41 - LRB098 07459 NHT 37527 b
(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

HB2213 - 42 - LRB098 07459 NHT 37527 b
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

HB2213 - 43 - LRB098 07459 NHT 37527 b
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

HB2213 - 44 - LRB098 07459 NHT 37527 b
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.

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(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,

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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.