Bill Text: IL SB0449 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the School Code. Makes a technical change in a Section concerning a financial oversight panel's powers.

Spectrum: Partisan Bill (Democrat 48-0)

Status: (Engrossed) 2019-05-22 - Held on Calendar Order of Second Reading - Short Debate [SB0449 Detail]

Download: Illinois-2019-SB0449-Engrossed.html



SB0449 EngrossedLRB101 04210 AXK 49218 b
1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The School Code is amended by changing Sections
510-21.3a, 10-22.6, 10-22.6a, 13A-11, 22-60, 26-2a, 27A-5, and
634-18.24 and by adding Article 26A as follows:
7 (105 ILCS 5/10-21.3a)
8 Sec. 10-21.3a. Transfer of students.
9 (a) Each school board shall establish and implement a
10policy governing the transfer of a student from one attendance
11center to another within the school district upon the request
12of the student's parent or guardian. A student may not transfer
13to any of the following attendance centers, except by change in
14residence if the policy authorizes enrollment based on
15residence in an attendance area or unless approved by the board
16on an individual basis:
17 (1) An attendance center that exceeds or as a result of
18 the transfer would exceed its attendance capacity.
19 (2) An attendance center for which the board has
20 established academic criteria for enrollment if the
21 student does not meet the criteria.
22 (3) Any attendance center if the transfer would prevent
23 the school district from meeting its obligations under a

SB0449 Engrossed- 2 -LRB101 04210 AXK 49218 b
1 State or federal law, court order, or consent decree
2 applicable to the school district.
3 (b) Each school board shall establish and implement a
4policy governing the transfer of students within a school
5district from a persistently dangerous school to another public
6school in that district that is not deemed to be persistently
7dangerous. In order to be considered a persistently dangerous
8school, the school must meet all of the following criteria for
92 consecutive years:
10 (1) Have greater than 3% of the students enrolled in
11 the school expelled for violence-related conduct.
12 (2) Have one or more students expelled for bringing a
13 firearm to school as defined in 18 U.S.C. 921.
14 (3) Have at least 3% of the students enrolled in the
15 school exercise the individual option to transfer schools
16 pursuant to subsection (c) of this Section.
17 (c) A student may transfer from one public school to
18another public school in that district if the student is a
19victim of a violent crime as defined in Section 3 of the Rights
20of Crime Victims and Witnesses Act. The violent crime must have
21occurred on school grounds during regular school hours or
22during a school-sponsored event.
23 (d) (Blank).
24 (e) Notwithstanding any other provision of this Code, a
25student who is a victim of gender-based violence, as defined in
26Article 26A, must be permitted to transfer schools immediately

SB0449 Engrossed- 3 -LRB101 04210 AXK 49218 b
1and as needed, including to a school in another school
2district, if the student's continued attendance at a particular
3attendance center, school facility, or school location poses a
4risk to the student's mental or physical well-being or safety.
5A transfer under this subsection within the student's current
6school district must be considered before a transfer into a
7different school district. A school district must waive tuition
8for a student who transfers under this subsection to the school
9district and is a nonresident. A student who transfers to
10another school under this subsection due to gender-based
11violence must have full and immediate access to extracurricular
12activities and any programs or activities offered by or under
13the auspices of the school to which the student has
14transferred. No adverse or prejudicial effects may result to
15any student who is a victim of gender-based violence because of
16the student availing himself or herself of or declining the
17provisions of this subsection.
18(Source: P.A. 100-1046, eff. 8-23-18.)
19 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
20 Sec. 10-22.6. Suspension or expulsion of pupils; school
21searches.
22 (a) To expel pupils guilty of gross disobedience or
23misconduct, including gross disobedience or misconduct
24perpetuated by electronic means, pursuant to subsection (b-20)
25of this Section, and no action shall lie against them for such

SB0449 Engrossed- 4 -LRB101 04210 AXK 49218 b
1expulsion. Expulsion shall take place only after the parents
2have been requested to appear at a meeting of the board, or
3with a hearing officer appointed by it, to discuss their
4child's behavior. Such request shall be made by registered or
5certified mail and shall state the time, place and purpose of
6the meeting. The board, or a hearing officer appointed by it,
7at such meeting shall state the reasons for dismissal and the
8date on which the expulsion is to become effective. If a
9hearing officer is appointed by the board, he shall report to
10the board a written summary of the evidence heard at the
11meeting and the board may take such action thereon as it finds
12appropriate. If the board acts to expel a pupil, the written
13expulsion decision shall detail the specific reasons why
14removing the pupil from the learning environment is in the best
15interest of the school. The expulsion decision shall also
16include a rationale as to the specific duration of the
17expulsion. An expelled pupil may be immediately transferred to
18an alternative program in the manner provided in Article 13A or
1913B of this Code. A pupil must not be denied transfer because
20of the expulsion, except in cases in which such transfer is
21deemed to cause a threat to the safety of students or staff in
22the alternative program.
23 (b) To suspend or by policy to authorize the superintendent
24of the district or the principal, assistant principal, or dean
25of students of any school to suspend pupils guilty of gross
26disobedience or misconduct, or to suspend pupils guilty of

SB0449 Engrossed- 5 -LRB101 04210 AXK 49218 b
1gross disobedience or misconduct on the school bus from riding
2the school bus, pursuant to subsections (b-15) and (b-20) of
3this Section, and no action shall lie against them for such
4suspension. The board may by policy authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend pupils
7guilty of such acts for a period not to exceed 10 school days.
8If a pupil is suspended due to gross disobedience or misconduct
9on a school bus, the board may suspend the pupil in excess of
1010 school days for safety reasons.
11 Any suspension shall be reported immediately to the parents
12or guardian of a pupil along with a full statement of the
13reasons for such suspension and a notice of their right to a
14review. The school board must be given a summary of the notice,
15including the reason for the suspension and the suspension
16length. Upon request of the parents or guardian, the school
17board or a hearing officer appointed by it shall review such
18action of the superintendent or principal, assistant
19principal, or dean of students. At such review, the parents or
20guardian of the pupil may appear and discuss the suspension
21with the board or its hearing officer. If a hearing officer is
22appointed by the board, he shall report to the board a written
23summary of the evidence heard at the meeting. After its hearing
24or upon receipt of the written report of its hearing officer,
25the board may take such action as it finds appropriate. If a
26student is suspended pursuant to this subsection (b), the board

SB0449 Engrossed- 6 -LRB101 04210 AXK 49218 b
1shall, in the written suspension decision, detail the specific
2act of gross disobedience or misconduct resulting in the
3decision to suspend. The suspension decision shall also include
4a rationale as to the specific duration of the suspension. A
5pupil who is suspended in excess of 20 school days may be
6immediately transferred to an alternative program in the manner
7provided in Article 13A or 13B of this Code. A pupil must not
8be denied transfer because of the suspension, except in cases
9in which such transfer is deemed to cause a threat to the
10safety of students or staff in the alternative program.
11 (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22 (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or expel
25students for particular behaviors.
26 (b-15) Out-of-school suspensions of 3 days or less may be

SB0449 Engrossed- 7 -LRB101 04210 AXK 49218 b
1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the length
9of suspensions to the greatest extent practicable.
10 (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose a
16threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

SB0449 Engrossed- 8 -LRB101 04210 AXK 49218 b
1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this Section
5or the expulsion decision described in subsection (a) of this
6Section, it shall be documented whether other interventions
7were attempted or whether it was determined that there were no
8other appropriate and available interventions.
9 (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18 A school district may refer students who are expelled to
19appropriate and available support services.
20 A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23 (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

SB0449 Engrossed- 9 -LRB101 04210 AXK 49218 b
1academic credit. It shall be the responsibility of a pupil's
2parent or guardian to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5 (b-35) In all suspension or expulsion proceedings, a
6student may disclose his or her status as a parent, expectant
7parent, or victim of gender-based violence, as defined in
8Article 26A, which must be considered as a mitigating factor in
9determining whether to suspend or expel the student or in
10deciding the nature or severity of the disciplinary action at
11any time throughout the proceedings. An advocate or
12representative of the student's choice must be permitted to
13represent the student throughout the proceedings and to consult
14with the school board if there is evidence that the student's
15status as a parent, expectant parent, or victim of gender-based
16violence may be a factor in the cause for expulsion or
17suspension. A student who discloses his or her status as a
18victim of gender-based violence may not be required to work out
19the problem directly with the perpetrator or the perpetrator's
20advocate or representative, be personally questioned or
21cross-examined by the perpetrator or the perpetrator's
22advocate or representative, have any direct contact with the
23perpetrator or the perpetrator's advocate or representative,
24or be in the same room as the perpetrator or the perpetrator's
25advocate or representative during the proceedings. A
26suspension or expulsion proceeding under this subsection must

SB0449 Engrossed- 10 -LRB101 04210 AXK 49218 b
1be conducted independently from any ongoing criminal
2investigation or proceeding, and a lack of pursuit of criminal
3investigations or proceedings may not be a factor in school
4disciplinary decisions.
5 (c) The Department of Human Services shall be invited to
6send a representative to consult with the board at such meeting
7whenever there is evidence that mental illness may be the cause
8for expulsion or suspension.
9 (c-5) School districts shall make reasonable efforts to
10provide ongoing professional development to teachers,
11administrators, school board members, school resource
12officers, and staff on the adverse consequences of school
13exclusion and justice-system involvement, effective classroom
14management strategies, culturally responsive discipline, the
15appropriate and available supportive services for the
16promotion of student attendance and engagement, and
17developmentally appropriate disciplinary methods that promote
18positive and healthy school climates.
19 (d) The board may expel a student for a definite period of
20time not to exceed 2 calendar years, as determined on a
21case-by-case basis. A student who is determined to have brought
22one of the following objects to school, any school-sponsored
23activity or event, or any activity or event that bears a
24reasonable relationship to school shall be expelled for a
25period of not less than one year:
26 (1) A firearm. For the purposes of this Section,

SB0449 Engrossed- 11 -LRB101 04210 AXK 49218 b
1 "firearm" means any gun, rifle, shotgun, weapon as defined
2 by Section 921 of Title 18 of the United States Code,
3 firearm as defined in Section 1.1 of the Firearm Owners
4 Identification Card Act, or firearm as defined in Section
5 24-1 of the Criminal Code of 2012. The expulsion period
6 under this subdivision (1) may be modified by the
7 superintendent, and the superintendent's determination may
8 be modified by the board on a case-by-case basis.
9 (2) A knife, brass knuckles or other knuckle weapon
10 regardless of its composition, a billy club, or any other
11 object if used or attempted to be used to cause bodily
12 harm, including "look alikes" of any firearm as defined in
13 subdivision (1) of this subsection (d). The expulsion
14 requirement under this subdivision (2) may be modified by
15 the superintendent, and the superintendent's determination
16 may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the federal Federal Individuals with
19Disabilities Education Act. A student who is subject to
20suspension or expulsion as provided in this Section may be
21eligible for a transfer to an alternative school program in
22accordance with Article 13A of the School Code.
23 (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

SB0449 Engrossed- 12 -LRB101 04210 AXK 49218 b
1a student for a definite period of time not to exceed 2
2calendar years, as determined on a case-by-case basis, if (i)
3that student has been determined to have made an explicit
4threat on an Internet website against a school employee, a
5student, or any school-related personnel, (ii) the Internet
6website through which the threat was made is a site that was
7accessible within the school at the time the threat was made or
8was available to third parties who worked or studied within the
9school grounds at the time the threat was made, and (iii) the
10threat could be reasonably interpreted as threatening to the
11safety and security of the threatened individual because of his
12or her duties or employment status or status as a student
13inside the school.
14 (e) To maintain order and security in the schools, school
15authorities may inspect and search places and areas such as
16lockers, desks, parking lots, and other school property and
17equipment owned or controlled by the school, as well as
18personal effects left in those places and areas by students,
19without notice to or the consent of the student, and without a
20search warrant. As a matter of public policy, the General
21Assembly finds that students have no reasonable expectation of
22privacy in these places and areas or in their personal effects
23left in these places and areas. School authorities may request
24the assistance of law enforcement officials for the purpose of
25conducting inspections and searches of lockers, desks, parking
26lots, and other school property and equipment owned or

SB0449 Engrossed- 13 -LRB101 04210 AXK 49218 b
1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10 (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13 (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A of
18this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program. A school district that
22adopts a policy under this subsection must include a provision
23allowing for consideration of a student's status as a parent,
24expectant parent, or victim of gender-based violence, as
25defined in Article 26A, as a mitigating factor in reviews
26during the disciplinary period and exempting, on a case-by-case

SB0449 Engrossed- 14 -LRB101 04210 AXK 49218 b
1basis, from suspension or expulsion those students whose status
2as a parent, expectant parent, or victim of gender-based
3violence is a factor in the behavior that gave rise to the
4suspension or expulsion.
5 (h) School officials shall not advise or encourage students
6to drop out voluntarily due to behavioral or academic
7difficulties.
8 (i) A student may not be issued a monetary fine or fee as a
9disciplinary consequence, though this shall not preclude
10requiring a student to provide restitution for lost, stolen, or
11damaged property.
12 (j) Subsections (a) through (i) and subsection (m) of this
13Section shall apply to elementary and secondary schools,
14charter schools, special charter districts, and school
15districts organized under Article 34 of this Code.
16 (k) The expulsion of children enrolled in programs funded
17under Section 1C-2 of this Code is subject to the requirements
18under paragraph (7) of subsection (a) of Section 2-3.71 of this
19Code.
20 (l) Beginning with the 2018-2019 school year, an in-school
21suspension program provided by a school district for any
22students in kindergarten through grade 12 may focus on
23promoting non-violent conflict resolution and positive
24interaction with other students and school personnel. A school
25district may employ a school social worker or a licensed mental
26health professional to oversee an in-school suspension program

SB0449 Engrossed- 15 -LRB101 04210 AXK 49218 b
1in kindergarten through grade 12.
2 (m) If a student is faced with either (i) suspension from
3school due to gross disobedience or misconduct or suspension
4from riding a school bus due to gross disobedience or
5misconduct on the school bus as provided in this Section or
6(ii) expulsion due to gross disobedience or misconduct as
7provided in this Section and if there is a relationship between
8the behavior that gave rise to the suspension or expulsion
9proceedings and the student's status as a parent, expectant
10parent, or victim of gender-based violence, as defined in
11Article 26A, then the suspension or expulsion requirement may
12be modified by the district superintendent on a case-by-case
13basis.
14(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
15100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
168-22-18; revised 10-1-18.)
17 (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)
18 Sec. 10-22.6a. Home instruction; correspondence courses.
19 (a) To provide by home instruction, correspondence
20courses, or otherwise courses of instruction for a pupil who is
21pupils who are unable to attend school because of pregnancy or
22pregnancy-related conditions, the fulfillment of parenting
23obligations related to the health of the pupil's child, or
24health and safety concerns arising from gender-based violence,
25as defined in Article 26A. Such instruction shall be provided

SB0449 Engrossed- 16 -LRB101 04210 AXK 49218 b
1to the pupil (1) before the birth of the child when the pupil's
2physician, physician assistant, or advanced practice nurse has
3indicated to the district, in writing, that the pupil is
4medically unable to attend regular classroom instruction; and
5(2) for up to 3 months following the birth of the child or a
6miscarriage; (3) when the pupil must care for his or her ill
7child if (i) the child's physician, physician assistant, or
8advanced practice registered nurse has indicated to the
9district, in writing, that the child has a serious health
10condition, (ii) the pupil or the pupil's parent or guardian
11indicates to the district, in writing, that the pupil is needed
12to provide care to the child, and (iii) alternative care for
13the child that is adequate and affordable is unavailable; or
14(4) when the pupil must treat physical or mental health
15complications or address safety concerns arising from
16gender-based violence if the pupil's domestic or sexual
17violence organization, as defined in Article 26A, or health
18care provider has indicated to the district, in writing, that
19the care is needed by the pupil and will cause the pupil's
20absence from school for one or more weeks. The instruction
21course shall be designed to offer educational experiences that
22are equivalent to those given to pupils at the same grade level
23in the district and that are designed to enable the pupil to
24return to the classroom. In this subsection (a), "serious
25health condition" means an illness, injury, impairment, or
26physical or mental health condition that involves inpatient

SB0449 Engrossed- 17 -LRB101 04210 AXK 49218 b
1care in a hospital, hospice, or residential medical care
2facility or continuing treatment by a health care provider.
3 (b) Notwithstanding any other provision of law to the
4contrary, if a pupil is unable to attend regular classes
5because of the reasons set forth in this Section and has
6participated in instruction under this Section that is
7administered by the school or school district, then the pupil
8may not be penalized for grading purposes or be denied course
9completion, a return to regular classroom instruction, grade
10level advancement, or graduation solely on the basis of the
11pupil's participation in instruction under this Section or the
12pupil's absence from the regular education program during the
13period of instruction under this Section. A school or school
14district may not use instruction under this Section to replace
15making reasonable accommodations so that pupils who are
16parents, expectant parents, or victims of gender-based
17violence may receive regular classroom instruction.
18(Source: P.A. 100-443, eff. 8-25-17.)
19 (105 ILCS 5/13A-11)
20 Sec. 13A-11. Chicago public schools.
21 (a) The Chicago Board of Education may establish
22alternative schools within Chicago and may contract with third
23parties for services otherwise performed by employees,
24including those in a bargaining unit, in accordance with
25Sections 34-8.1, 34-18, and 34-49.

SB0449 Engrossed- 18 -LRB101 04210 AXK 49218 b
1 (b) Alternative schools operated by third parties within
2Chicago shall be exempt from all provisions of this Code,
3except provisions concerning:
4 (1) student civil rights;
5 (2) staff civil rights;
6 (3) health and safety;
7 (4) performance and financial audits;
8 (5) the assessments required under Section 2-3.64a-5
9 of this Code;
10 (6) Chicago learning outcomes;
11 (7) Sections 2-3.25a through 2-3.25j of this Code;
12 (8) the Inspector General; and
13 (9) Section 34-2.4b of this Code; and .
14 (10) Article 26A and any other provision of this Code
15 concerning youth who are parents, expectant parents, or
16 victims of gender-based violence, as defined in Article
17 26A.
18(Source: P.A. 98-972, eff. 8-15-14.)
19 (105 ILCS 5/22-60)
20 Sec. 22-60. Unfunded mandates prohibited.
21 (a) No public school district or private school is
22obligated to comply with the following types of mandates unless
23a separate appropriation has been enacted into law providing
24full funding for the mandate for the school year during which
25the mandate is required:

SB0449 Engrossed- 19 -LRB101 04210 AXK 49218 b
1 (1) Any mandate in this Code enacted after the
2 effective date of this amendatory Act of the 96th General
3 Assembly.
4 (2) Any regulatory mandate promulgated by the State
5 Board of Education and adopted by rule after the effective
6 date of this amendatory Act of the 96th General Assembly
7 other than those promulgated with respect to this Section
8 or statutes already enacted on or before the effective date
9 of this amendatory Act of the 96th General Assembly.
10 (b) If the amount appropriated to fund a mandate described
11in subsection (a) of this Section does not fully fund the
12mandated activity, then the school district or private school
13may choose to discontinue or modify the mandated activity to
14ensure that the costs of compliance do not exceed the funding
15received.
16 Before discontinuing or modifying the mandate, the school
17district shall petition its regional superintendent of schools
18on or before February 15 of each year to request to be exempt
19from implementing the mandate in a school or schools in the
20next school year. The petition shall include all legitimate
21costs associated with implementing and operating the mandate,
22the estimated reimbursement from State and federal sources, and
23any unique circumstances the school district can verify that
24exist that would cause the implementation and operation of such
25a mandate to be cost prohibitive.
26 The regional superintendent of schools shall review the

SB0449 Engrossed- 20 -LRB101 04210 AXK 49218 b
1petition. In accordance with the Open Meetings Act, he or she
2shall convene a public hearing to hear testimony from the
3school district and interested community members. The regional
4superintendent shall, on or before March 15 of each year,
5inform the school district of his or her decision, along with
6the reasons why the exemption was granted or denied, in
7writing. The regional superintendent must also send
8notification to the State Board of Education detailing which
9school districts requested an exemption and the results.
10 If the regional superintendent grants an exemption to the
11school district, then the school district is relieved from the
12requirement to establish and implement the mandate in the
13school or schools granted an exemption for the next school
14year. If the regional superintendent of schools does not grant
15an exemption, then the school district shall implement the
16mandate in accordance with the applicable law or rule by the
17first student attendance day of the next school year. However,
18the school district or a resident of the school district may on
19or before April 15 appeal the decision of the regional
20superintendent to the State Superintendent of Education. The
21State Superintendent shall hear appeals on the decisions of
22regional superintendents of schools no later than May 15 of
23each year. The State Superintendent shall make a final decision
24at the conclusion of the hearing on the school district's
25request for an exemption from the mandate. If the State
26Superintendent grants an exemption, then the school district is

SB0449 Engrossed- 21 -LRB101 04210 AXK 49218 b
1relieved from the requirement to implement a mandate in the
2school or schools granted an exemption for the next school
3year. If the State Superintendent does not grant an exemption,
4then the school district shall implement the mandate in
5accordance with the applicable law or rule by the first student
6attendance day of the next school year.
7 If a school district or private school discontinues or
8modifies a mandated activity due to lack of full funding from
9the State, then the school district or private school shall
10annually maintain and update a list of discontinued or modified
11mandated activities. The list shall be provided to the State
12Board of Education upon request.
13 (c) This Section does not apply to (i) any new statutory or
14regulatory mandates related to revised learning standards
15developed through the Common Core State Standards Initiative
16and assessments developed to align with those standards or
17actions specified in this State's Phase 2 Race to the Top Grant
18application if the application is approved by the United States
19Department of Education, or (ii) new statutory or regulatory
20mandates from the Race to the Top Grant through the federal
21American Recovery and Reinvestment Act of 2009 imposed on
22school districts designated as being in the lowest performing
235% of schools within the Race to the Top Grant application, or
24(iii) any changes made by this amendatory Act of the 101st
25General Assembly.
26 (d) In any instances in which this Section conflicts with

SB0449 Engrossed- 22 -LRB101 04210 AXK 49218 b
1the State Mandates Act, the State Mandates Act shall prevail.
2(Source: P.A. 96-1441, eff. 8-20-10.)
3 (105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
4 Sec. 26-2a. A "truant" is defined as a child who is subject
5to compulsory school attendance and who is absent without valid
6cause, as defined under this Section, from such attendance for
7more than 1% but less than 5% of the past 180 school days.
8 "Valid cause" for absence shall be illness; attendance at a
9pregnancy-related medical appointment; , observance of a
10religious holiday; , death in the immediate family; , family
11emergency; , fulfillment of a student's parenting
12responsibility, including, but not limited to, arranging and
13providing child care, caring for the student's sick child, or
14attending medical appointments for the student's child; or
15addressing circumstances resulting from gender-based violence,
16as defined in Article 26A, including, but not limited to,
17experiencing gender-based violence, recovering from physical
18or psychological injuries, seeking medical attention, seeking
19services from a domestic or sexual violence organization, as
20defined in Article 26A, seeking psychological or other
21counseling, participating in safety planning, temporarily or
22permanently relocating, seeking legal assistance or remedies,
23or taking any other action to increase the safety or health of
24the student or to protect the student from future gender-based
25violence and shall include such other situations beyond the

SB0449 Engrossed- 23 -LRB101 04210 AXK 49218 b
1control of the student as determined by the board of education
2in each district, or such other circumstances which cause
3reasonable concern to the parent for the mental, emotional, or
4physical health or safety of the student.
5 "Chronic or habitual truant" shall be defined as a child
6who is subject to compulsory school attendance and who is
7absent without valid cause from such attendance for 5% or more
8of the previous 180 regular attendance days.
9 "Truant minor" is defined as a chronic truant to whom
10supportive services, including prevention, diagnostic,
11intervention and remedial services, alternative programs and
12other school and community resources have been provided and
13have failed to result in the cessation of chronic truancy, or
14have been offered and refused.
15 A "dropout" is defined as any child enrolled in grades 9
16through 12 whose name has been removed from the district
17enrollment roster for any reason other than the student's
18death, extended illness, removal for medical non-compliance,
19expulsion, aging out, graduation, or completion of a program of
20studies and who has not transferred to another public or
21private school and is not known to be home-schooled by his or
22her parents or guardians or continuing school in another
23country.
24 "Religion" for the purposes of this Article, includes all
25aspects of religious observance and practice, as well as
26belief.

SB0449 Engrossed- 24 -LRB101 04210 AXK 49218 b
1(Source: P.A. 100-810, eff. 1-1-19; 100-918, eff. 8-17-18;
2revised 10-4-18.)
3 (105 ILCS 5/Art. 26A heading new)
4
ARTICLE 26A. CHILDREN AND YOUTH WHO ARE PARENTS, EXPECTANT
5
PARENTS, OR VICTIMS OF GENDER-BASED VIOLENCE
6 (105 ILCS 5/26A-1 new)
7 Sec. 26A-1. Short title and application. This Article may
8be referred to as the Ensuring Success in School Law. This
9Article applies to all school districts and schools governed by
10this Code, including those under Articles 13, 13A, 13B, 27A,
1132, 33, and 34.
12 (105 ILCS 5/26A-5 new)
13 Sec. 26A-5. Purpose. The purpose of this Article is to
14ensure that Illinois schools have policies, procedures, and
15protocols in place that ensure children and youth who are
16parents, expectant parents, or victims of gender-based
17violence are identified by schools in a manner respectful of
18their privacy and safety, treated with dignity and regard, and
19provided the protection, instruction, and related
20accommodations and services necessary to enable them to meet
21State educational standards and successfully attain a high
22school diploma. This Article shall be interpreted liberally to
23aid in this purpose.

SB0449 Engrossed- 25 -LRB101 04210 AXK 49218 b
1 (105 ILCS 5/26A-10 new)
2 Sec. 26A-10. Definitions. In this Article:
3 "Consent" includes, at a minimum, a recognition that (i)
4consent is a freely given agreement to sexual activity or other
5gender-based violence activity, (ii) a youth's lack of verbal
6or physical resistance or submission resulting from the use of
7threat of force does not constitute consent, (iii) a youth's
8manner of dress does not constitute consent, (iv) a youth's
9consent to past sexual activity or other gender-based violence
10activity does not constitute consent to future sexual activity
11or gender-based violence activity, (v) a youth's consent to
12engage in sexual activity or other gender-based violence
13activity does not constitute consent to engage in sexual
14activity or other gender-based violence activity with another,
15(vi) a youth can withdraw consent at any time, and (vii) a
16youth cannot consent to sexual activity or other gender-based
17violence activity if that youth is unable to understand the
18nature of the activity or give knowing consent due to
19circumstances that include, but are not limited to, all of the
20following:
21 (1) The youth is incapacitated due to the use or
22 influence of alcohol or drugs.
23 (2) The youth is asleep or unconscious.
24 (3) The youth is under age.
25 (4) The youth is incapacitated due to a mental

SB0449 Engrossed- 26 -LRB101 04210 AXK 49218 b
1 disability.
2 "Domestic or sexual violence organization" means a
3nonprofit, nongovernmental organization that provides
4assistance to victims of gender-based violence or advocates for
5those victims, including an organization carrying out a
6domestic or sexual violence or other gender-based violence
7program, an organization operating a shelter or a rape crisis
8center or providing counseling services, or an organization
9seeking to eliminate gender-based violence or to address the
10consequences of that violence for its victims through
11legislative advocacy or policy change, public education, or
12service collaboration.
13 "Domestic violence" means abuse, as defined in Section 103
14of the Illinois Domestic Violence Act of 1986, by a family or
15household member, as defined in Section 103 of the Illinois
16Domestic Violence Act of 1986.
17 "Electronic communication" includes communication via
18telephone, mobile phone, computer, email, video recorder, fax
19machine, telex, pager, apps or applications, or any other
20electronic communication or cyberstalking as defined in
21Section 12-7.5 of the Criminal Code of 2012.
22 "Expectant parent" means a youth who is pregnant or a youth
23who intends to act as a parent and who has not yet received a
24diploma for completion of a secondary education as defined in
25Section 22-22.
26 "Gender-based violence" means domestic violence,

SB0449 Engrossed- 27 -LRB101 04210 AXK 49218 b
1harassment, sexual assault, sexual violence, or stalking.
2Gender-based violence may occur through electronic
3communication. Gender-based violence exists regardless of when
4or where the violence occurred, whether or not the violence is
5the subject of a criminal investigation or the perpetrator has
6been criminally charged or convicted of a crime, whether or not
7an order of protection or a no-contact order is pending before
8or has been issued by a court, or whether or not any
9gender-based violence took place on school grounds, during
10regular school hours, or during a school-sponsored event. Under
11federal and State law, children and youth under the age of 18
12year may not consent to many of the acts or activities that
13constitute gender-based violence.
14 "Harassment" means any harassment or discrimination on the
15basis of an individual's actual or perceived sex or gender,
16including unwelcome sexual advances, requests for sexual
17favors, other verbal or physical conduct of a sexual nature, or
18unwelcome conduct, including verbal, nonverbal, or physical
19conduct that is not sexual in nature, but is related to a
20student's status as a parent, expectant parent, or victim of
21gender-based violence.
22 "Parent", as it relates to a student, means a student who
23is a custodial or a noncustodial parent taking an active role
24in the care and supervision of a child and who has not yet
25received a diploma for completion of a secondary education, as
26defined in Section 22-22.

SB0449 Engrossed- 28 -LRB101 04210 AXK 49218 b
1 "Perpetrator" means an individual who commits or is alleged
2to have committed any act of gender-based violence.
3 "Poor academic performance" means a student who has (i)
4scored in the 50th percentile or below on a school
5district-administered standardized test, (ii) received a score
6on a State assessment that does not meet standards in one or
7more of the fundamental learning areas under Section 27-1, as
8applicable for the student's grade level, or (iii) not met
9grade-level expectations on a school district-designed
10assessment.
11 "School", for purposes of the provisions of this Article
12relating to children and youth who are parents, expectant
13parents, or victims of gender-based violence, includes, but is
14not limited to, (i) a public or State-operated elementary or
15secondary school, (ii) a school operated pursuant to an
16agreement with a public school district, including a
17cooperative or joint agreement with a governing body or board
18of control, (iii) a charter school operating in compliance with
19the Charter Schools Law, (iv) a school operated under Section
2013A-3, (v) an alternative school operated by third parties
21within the City of Chicago under Section 13A-11, (vi) an
22alternative learning opportunities program operated under
23Article 13B, (vii) a public school administered by a local
24public agency or the Department of Human Services operating
25pursuant to the authority of this Code, and (viii) any schools
26otherwise subject to Article 13, 13A, 13B, 27A, 32, 33, or 34.

SB0449 Engrossed- 29 -LRB101 04210 AXK 49218 b
1 "School district", for purposes of the provisions of this
2Article relating to youth who are parents, expectant parents,
3or victims of domestic or sexual violence, means any public
4entity responsible for administering schools, including school
5districts subject to Article 13, 13A, 13B, 27A, 32, 33, or 34,
6or any other entity responsible for administering public
7schools, such as cooperatives, joint agreements, charter
8schools, special charter districts, regional offices of
9education, local agencies, or the Department of Human Services.
10 "Sexual assault" means any conduct of an adult or minor
11child proscribed in Article 11 of the Criminal Code of 2012,
12except for Sections 11-35 and 11-45 of the Criminal Code of
132012, or similar provisions of the Criminal Code of 1961,
14including conduct committed by perpetrators who are strangers
15to the victim and conduct committed by perpetrators who are
16known or related by blood or marriage to the victim.
17 "Stalking" means any conduct proscribed in Section 12-7.3,
1812-7.4, or 12-7.5 of the Criminal Code of 2012, or similar
19provisions of the Criminal Code of 1961, including stalking
20committed by perpetrators who are strangers to the victim and
21stalking committed by perpetrators who are known or related by
22blood or marriage to the victim.
23 "Student" or "pupil" means any child or youth enrolled,
24eligible to enroll, or previously enrolled in a school who has
25not yet received a diploma for completion of a secondary
26education, as defined in Section 22-22.

SB0449 Engrossed- 30 -LRB101 04210 AXK 49218 b
1 "Student at risk of academic failure" means a student who
2is at risk of failing to meet Illinois Learning Standards or
3failing to graduate from elementary or high school and who
4demonstrates a need for educational support or social services
5beyond those provided by the regular school program.
6 "Victim" means an individual who has been subjected to one
7or more acts of gender-based violence.
8 "Youth" means a child, pupil, student, or juvenile below
9the age of 21 years who has not yet completed his or her
10prescribed course of study or has not received a diploma for
11completion of a secondary education, as defined in Section
1222-22. "Youth" includes, but is not limited to, unaccompanied
13youth not in the physical custody of a parent or guardian.
14 (105 ILCS 5/26A-15 new)
15 Sec. 26A-15. Ensuring Success in School working group.
16 (a) The State Board of Education must create the Ensuring
17Success in School working group comprised of all of the
18following members, representative of the geographic, racial,
19ethnic, and cultural diversity of this State and appointed by
20the State Board:
21 (1) Representatives of the State Board.
22 (2) Educators.
23 (3) School social workers.
24 (4) School counselors.
25 (5) Psychologists.

SB0449 Engrossed- 31 -LRB101 04210 AXK 49218 b
1 (6) Representatives of domestic or sexual violence
2 organizations in this State, including those organizations
3 that provide services to or advocate on behalf of youth who
4 are lesbian, gay, bi-sexual, transgender, or gender
5 nonconforming, or nonprofit, nongovernmental,
6 community-based pregnant or parenting youth organizations.
7 (7) Youth who are parents or expectant parents.
8 (8) Youth who are victims of gender-based violence.
9 (b) The working group must advise the State Board on the
10implementation, monitoring, and evaluation of this Article by
11schools and school districts, including, but not limited to,
12the development of policies, procedures, and protocols to be
13implemented by schools and school districts.
14 (c) Members of the working group shall serve without
15compensation, but may be reimbursed for their travel expenses
16from appropriations to the State Board made available for that
17purpose and subject to the rules of the appropriate travel
18control board.
19 (105 ILCS 5/26A-20 new)
20 Sec. 26A-20. Review and revision of policies and
21procedures.
22 (a) No later than July 1, 2020, and every 2 years
23thereafter, each school district must review all existing
24policies and procedures and must revise any existing policies
25and procedures that may act as a barrier to the immediate

SB0449 Engrossed- 32 -LRB101 04210 AXK 49218 b
1enrollment and re-enrollment, attendance, graduation, and
2success in school of any youth who is a parent, expectant
3parent, or victim of gender-based violence or any policies or
4procedures that may compromise a criminal investigation
5relating to gender-based violence or may re-victimize the
6youth. A school district must adopt new policies and
7procedures, as needed, to implement this Section and to ensure
8that immediate and effective steps are taken to respond to
9youth who are parents, expectant parents, or victims of
10gender-based violence.
11 (b) A school district must confer with persons with
12expertise in youth who are parents or expectant parents and
13with persons with expertise in youth who are victims of
14gender-based violence, including domestic and sexual violence
15organizations, in (i) the review and revision and the adoption
16and implementation of new policies and procedures under this
17Section, including those policies and procedures related to
18confidentiality, parental involvement, and a youth's
19health-related or safety-related concerns in connection with
20notifying a parent or guardian and (ii) the development and
21distribution of materials related to those youth, including
22outreach to youth not in school. A school district must ensure
23that all materials distributed to youth are age appropriate and
24culturally responsive and that youth are notified of and
25understand the school district's policies and procedures,
26including how and to whom to report any incident of

SB0449 Engrossed- 33 -LRB101 04210 AXK 49218 b
1gender-based violence.
2 (c) A school district's policy on the procedures that a
3youth or his or her parent or guardian may follow if he or she
4chooses to report an incident of alleged gender-based violence
5must, at a minimum, include all of the following:
6 (1) The name and contact information for gender-based
7 violence and parenting resource personnel and the Title IX
8 coordinator, school and school district resource officers
9 or security, local law enforcement officials, and a
10 community-based domestic or sexual violence organization.
11 (2) The name, title, and contact information for
12 confidential advisors or other confidential resources and
13 a description of what confidential reporting means.
14 (3) Information regarding the various individuals,
15 departments, or organizations to whom a youth may report an
16 incident of gender-based violence, specifying for each
17 individual or entity (i) the extent of the individual's or
18 entity's reporting obligation to the school or school
19 district's administration, Title IX coordinator, or other
20 personnel or entity, (ii) the individual's or entity's
21 ability to protect the youth's privacy, and (iii) the
22 extent of the individual's or entity's ability to have
23 confidential communications with the youth or his or her
24 parent or guardian.
25 (4) An option for the youth or his or her parent or
26 guardian to electronically report the incident.

SB0449 Engrossed- 34 -LRB101 04210 AXK 49218 b
1 (5) An option for the youth or his or her parent or
2 guardian to anonymously report the incident.
3 (6) An option for the youth or his or her parent or
4 guardian to confidentially report the incident.
5 (7) An option for reports by third parties and
6 bystanders.
7 (8) The adoption of a complaint resolution procedure as
8 provided in Section 26A-25.
9 (d) A school district must post its revised policies and
10procedures on its website, distribute them in written form at
11the beginning of each school year to each student, and make
12copies available to each student and his or her parent or
13guardian for inspection and copying at no cost to the student
14or parent or guardian at each school within a school district.
15 (105 ILCS 5/26A-25 new)
16 Sec. 26A-25. Complaint resolution procedure. On or before
17July 1, 2020, each school district must adopt one procedure to
18resolve complaints of alleged incidents of
19student-perpetrated, gender-based violence. These procedures
20shall comply with the confidentiality provisions of Sections
2126A-20 and 26A-30. The procedure must include, at a minimum,
22all of the following:
23 (1) Complainants alleging incidents of
24 student-perpetration of gender-based violence must have
25 the opportunity to request that the complaint resolution

SB0449 Engrossed- 35 -LRB101 04210 AXK 49218 b
1 procedure begin promptly and proceed in a timely manner.
2 (2) A school district must determine the individuals
3 who will resolve complaints of alleged incidents of
4 student-perpetrated, gender-based violence.
5 (3) All individuals whose duties include resolution of
6 complaints of alleged incidents of student-perpetrated,
7 gender-based violence must receive a minimum of 10 hours of
8 annual training on issues related to gender-based violence
9 and how to conduct the school district's complaint
10 resolution procedure, in addition to the in-service
11 training required under subsection (d) of Section
12 10-22.39.
13 (4) Each school district must have a sufficient number
14 of individuals trained to resolve complaints so that (i) a
15 substitution can occur in the case of a conflict of
16 interest or recusal and (ii) an individual with no prior
17 involvement in the initial determination or finding may
18 hear any appeal brought by a party.
19 (5) An individual resolving a complaint must use a
20 preponderance of the evidence standard to determine if the
21 alleged incident of student-perpetrated, gender-based
22 violence occurred.
23 (6) The complainant and respondent shall (i) receive
24 notice of the name of the individual with authority to make
25 a finding or impose a sanction in the proceeding before the
26 individual may initiate contact with either party and (ii)

SB0449 Engrossed- 36 -LRB101 04210 AXK 49218 b
1 have the opportunity to request a substitution if the
2 participation of an individual with authority to make a
3 finding or impose a sanction poses a conflict of interest.
4 (7) Each school district must have a procedure to
5 determine interim protective measures and accommodations
6 available pending the resolution of the complaint.
7 (8) Any proceeding, meeting, or hearing held to resolve
8 complaints of alleged incidents of student perpetrated,
9 gender-based violence must protect the privacy of the
10 participating parties and witnesses.
11 (9) The complainant, regardless of his or her level of
12 involvement in the complaint resolution procedure, and the
13 respondent must have the opportunity to provide or present
14 evidence and witnesses on their behalf during the complaint
15 resolution procedure.
16 (10) The complainant and the respondent may not
17 directly cross-examine one another, but may, at the
18 discretion and direction of the individual resolving the
19 complaint, suggest questions to be posed by the individual
20 resolving the complaint and respond to the other party.
21 (11) Each party may request and must be allowed to have
22 an advisor of his or her choice accompany him or her to any
23 meeting or proceeding related to the alleged incident of
24 student-perpetrated, gender-based violence if the
25 involvement of the advisor does not result in undue delay
26 of the meeting or proceeding. The advisor must comply with

SB0449 Engrossed- 37 -LRB101 04210 AXK 49218 b
1 any rules of the school district's complaint resolution
2 procedure regarding the advisor's role. If the advisor
3 violates the rules or engages in behavior or advocacy that
4 harasses, abuses, or intimidates either party, a witness,
5 or an individual resolving the complaint, that advisor may
6 be prohibited from further participation in the meeting or
7 proceeding.
8 (12) If the complaint resolution procedure involves a
9 hearing, the complainant and the respondent may not be
10 compelled to testify in the presence of the other party. If
11 a party invokes this right, the school district must
12 provide a procedure by which each party may, at a minimum,
13 hear the other party's testimony.
14 (13) The complainant and the respondent are entitled to
15 simultaneous, written notification of the results of the
16 complaint resolution procedure, including information
17 regarding appeal rights, within 7 days after a decision or
18 sooner if required by State or federal law.
19 (14) The complainant and the respondent must, at a
20 minimum, have the right to timely appeal the complaint
21 resolution procedure's findings or imposed sanctions if a
22 party alleges that (i) a procedural error occurred, (ii)
23 new information exists that would substantially change the
24 outcome of the finding, or (iii) the sanction is
25 disproportionate to the violation. An individual reviewing
26 the findings or imposed sanctions may not have previously

SB0449 Engrossed- 38 -LRB101 04210 AXK 49218 b
1 participated in the complaint resolution procedure and may
2 not have a conflict of interest with either party. The
3 complainant and the respondent must receive the appeal
4 decision, in writing, within 7 days after the conclusion of
5 the review of findings or sanctions or sooner if required
6 by federal or State law.
7 (15) A school district may not disclose the identity of
8 the victim of gender-based violence or the respondent,
9 except as necessary to resolve the complaint or to
10 implement interim protective measures and accommodations
11 or when required by State or federal law.
12 (105 ILCS 5/26A-30 new)
13 Sec. 26A-30. Confidentiality.
14 (a) Each school district must adopt and implement a policy
15and protocol to ensure that all information concerning a
16youth's status and related experiences as a parent, expectant
17parent, or victim of gender-based violence provided to or
18otherwise obtained by the school district or its employees or
19agents pursuant to this Code or otherwise, including a
20statement of the youth or any other documentation, record, or
21corroborating evidence or that the youth has requested or
22obtained assistance, accommodations, or services pursuant to
23this Code, shall be retained in the strictest confidence by the
24school district or its employees or agents and may not be
25disclosed to any other individual, including any other

SB0449 Engrossed- 39 -LRB101 04210 AXK 49218 b
1employee, except to the extent that disclosure is (i) requested
2or consented to in writing by the youth or the youth's parent
3or guardian if it is safe to obtain written consent from the
4youth's parent or guardian or (ii) otherwise required by
5applicable federal or State law, including the Abused and
6Neglected Child Reporting Act and professional ethics policies
7that govern school personnel.
8 (b) Prior to disclosing information about a youth's status
9as a parent, expectant parent, or victim of gender-based
10violence, a school must notify the youth and discuss and
11address any safety concerns related to the disclosure,
12including instances where the youth indicates or the school or
13school district or its employees or agents are otherwise aware
14that the youth's health or safety may be at risk if his or her
15status is disclosed to the youth's parent or guardian, except
16as otherwise required by applicable federal or State law,
17including the Abused and Neglected Child Reporting act and
18professional ethics policies that govern the professional
19school personnel.
20 (c) No youth may be required to testify publicly concerning
21his or her status as a victim of gender-based violence,
22allegations of gender-based violence, his or her status as a
23parent or expectant parent, or the youth's efforts to enforce
24any of his or her rights under provisions in this Code relating
25to youth who are parents, expectant parents, or victims of
26gender-based violence.

SB0449 Engrossed- 40 -LRB101 04210 AXK 49218 b
1 (d) In the case of gender-based violence, a school district
2may not contact the person named to be the perpetrator, the
3perpetrator's family, or any other person named by the youth or
4named by the youth's parent or guardian to be unsafe to contact
5to verify the violence. A school district may not contact the
6perpetrator, the perpetrator's family, or any other person
7named by the youth or the youth's parent or guardian to be
8unsafe for any other reason without written permission from the
9youth or his or her parent or guardian. Permission from the
10youth's parent or guardian may not be pursued if the youth
11alleges that his or her health or safety would be threatened if
12the school or school district contacts the youth's parent or
13guardian to obtain written permission.
14 (e) A school district must take all actions necessary to
15comply with this Section no later than January 1, 2020.
16 (105 ILCS 5/26A-35 new)
17 Sec. 26A-35. Gender-based violence and parenting resource
18personnel.
19 (a) Each school district shall designate or appoint at
20least one staff person at each school in the district who is
21employed at least part-time at the school and who is a school
22social worker, school psychologist, school counselor, school
23nurse, school teacher, or school administrator trained to
24address, in a culturally responsive, confidential, and
25sensitive manner, the needs of youth who are parents, expectant

SB0449 Engrossed- 41 -LRB101 04210 AXK 49218 b
1parents, or victims of gender-based violence. The designated or
2appointed staff person must have all of the following duties:
3 (1) Communicate with and listen to youth who are
4 parents, expectant parents, or victims of gender-based
5 violence.
6 (2) Connect youth described in paragraph (1) to
7 appropriate, in-school services or other agencies,
8 programs, or services as needed.
9 (3) Coordinate and monitor the implementation of the
10 school's and school district's policies, procedures, and
11 protocols in cases involving student allegations of
12 gender-based violence.
13 (4) Coordinate and monitor the implementation of the
14 school's and school district's policies, procedures, and
15 protocols as set forth in provisions of this Code
16 concerning youth who are parents, expectant parents, or
17 victims of gender-based violence.
18 (5) Assist youth described in paragraph (1) in their
19 efforts to exercise and preserve their rights as set forth
20 in provisions of this Code concerning youth who are
21 parents, expectant parents, or victims of gender-based
22 violence.
23 (6) Assist in providing staff development to establish
24 a positive and sensitive learning environment for youth
25 described in paragraph (1).
26 (b) A member of staff who is designated or appointed under

SB0449 Engrossed- 42 -LRB101 04210 AXK 49218 b
1subsection (a) must (i) be trained to understand, provide
2information and referrals, and address issues pertaining to
3youth who are parents, expectant parents, or victims of
4gender-based violence, including the theories and dynamics of
5domestic and sexual violence, the necessity for
6confidentiality and the law, policy, procedures, and protocols
7implementing confidentiality, and the notification to the
8youth's parent or guardian regarding the youth's status as a
9parent, expectant parent, or victim of gender-based violence or
10the enforcement of the youth's rights under this Code if the
11notice of the youth's status or the involvement of the youth's
12parent or guardian may put the health or safety of the youth at
13risk, including the rights of minors to consent to counseling
14services and psychotherapy under the Mental Health and
15Developmental Disabilities Code, or (ii) at a minimum, have
16participated in an in-service training program under
17subsection (d) of Section 10-22.39 that includes training on
18the rights of minors to consent to counseling services and
19psychotherapy under the Mental Health and Developmental
20Disabilities Code within 12 months prior to his or her
21designation or appointment.
22 (c) A school district must designate or appoint and train
23all gender-based violence and parenting resource personnel,
24and the personnel must assist in implementing the duties
25described in this Section no later than April 1, 2020, except
26in those school districts in which there exists a collective

SB0449 Engrossed- 43 -LRB101 04210 AXK 49218 b
1bargaining agreement on the effective date of this amendatory
2Act of the 101st General Assembly and the implementation of
3this Section would be a violation of that collective bargaining
4agreement. If implementation of some activities required under
5this Section is prevented by an existing collective bargaining
6agreement, a school district must comply with this Section to
7the fullest extent allowed by the existing collective
8bargaining agreement no later than April 1, 2020. In those
9instances in which a collective bargaining agreement that
10either fully or partially prevents full implementation of this
11Section expires after April 1, 2020, a school district must
12designate or appoint and train all gender-based and parenting
13resource personnel, who shall implement the duties described in
14this Section no later than the effective date of the new
15collective bargaining agreement that immediately succeeds the
16collective bargaining agreement in effect at the time this
17Section becomes effective.
18 (105 ILCS 5/26A-40 new)
19 Sec. 26A-40. Accommodations, adjustments, and services.
20 (a) To facilitate the full participation of youth who are
21parents, expectant parents, or victims of gender-based
22violence, each school district must provide those youth with
23reasonable accommodations and adjustments in school policy and
24practice, in-school support services, access to non-school
25based support services, and the ability to make up work missed

SB0449 Engrossed- 44 -LRB101 04210 AXK 49218 b
1on account of circumstances related to the youth's status as a
2parent, expectant parent, or victim of gender-based violence.
3Victims of gender-based violence must have access to those
4accommodations, adjustments, and services regardless of when
5or where the violence for which they are seeking
6accommodations, adjustments, or services occurred. All
7accommodations, adjustments, and services must be continued
8for as long as necessary to maintain the mental and physical
9well-being and safety of the youth.
10 (b) Reasonable accommodations and adjustments provided
11under subsection (a) shall include, but are not limited to, (i)
12the provision of sufficiently private settings to ensure
13confidentiality and time off from class for meetings with
14counselors or other service providers, (ii) assisting the youth
15in creating a student success plan, (iii) transfer of a victim
16of gender-based violence or the student perpetrator to a
17different classroom or school, (iv) change of seating
18assignment, (v) implementation of in-school, school grounds,
19and bus safety procedures, (vi) honoring court orders,
20including orders of protection and no-contact orders, and (vii)
21any other accommodation that may facilitate the full
22participation in the regular education program of youth who are
23parents, expectant parents, or victims of gender-based
24violence.
25 (c) If a youth who is a parent, expectant parent, or victim
26of gender-based violence is a student at risk of academic

SB0449 Engrossed- 45 -LRB101 04210 AXK 49218 b
1failure or displays poor academic performance, the youth or the
2youth's parent or guardian may request that the school district
3provide the youth with or refer the youth to education and
4support services designed to assist the youth in meeting State
5learning standards. A school district may either provide
6education or support services directly or may collaborate with
7public or private State, local, or community-based
8organizations or agencies that provide these services. A school
9district must also assist those youth in accessing the support
10services of non-school based organizations and agencies where
11those youth typically receive services in the community.
12 (d) Any youth who is unable, because of circumstances
13related to the youth's status as a parent, expectant parent, or
14victim of gender-based violence, to participate in classes on a
15particular day or days or at a particular time of day must be
16excused from any examination or any study or work assignments
17on that particular day or days or at that particular time of
18day. It is the responsibility of the teachers and of the school
19administrative personnel and officials to make available to
20each youth who is unable to participate because of
21circumstances related to the youth's status as a parent,
22expectant parent, or victim of gender-based violence a
23meaningful opportunity to make up any examination, study, or
24work requirement that the youth has missed because of the
25inability to participate on any particular day or days or at
26any particular time of day. Costs assessed by a school district

SB0449 Engrossed- 46 -LRB101 04210 AXK 49218 b
1on the youth for participation in those activities shall be
2considered savable fees for any youth whose parent or guardian
3is unable to afford them, consistent with the provisions of
4Section 10-20.13. Each school district must adopt written
5policies and procedures for waiver of those fees in accordance
6with rules adopted by the State Board of Education.
7 (e) When a school or school district employee or agent
8becomes aware of or suspects a youth's status as a parent,
9expectant parent, or victim of gender-based violence, it is the
10responsibility of the employee or agent of the school or school
11district to inform the youth of the available services and
12accommodations at the school and in the community that may
13assist the youth in maintaining the youth's full educational
14participation and the youth's successful performance. The
15school or school district employee or agent must also refer the
16youth to the school district's specially trained personnel as
17set forth in Section 26A-35. A school district must make
18respecting a youth's privacy, confidentiality, mental and
19physical health, and safety a paramount concern.
20 (f) Each school must honor a youth's decision to obtain
21education and support services, accommodations, and non-school
22based support services, to terminate the receipt of those
23education and support services, accommodations, or non-school
24based support services, or to decline participation in those
25education and support services, accommodations, and non-school
26based support services. No youth is obligated to use education

SB0449 Engrossed- 47 -LRB101 04210 AXK 49218 b
1and support services, accommodations, or non-school based
2support services. In developing accommodations, adjustments,
3or educational support services, the privacy, mental and
4physical health, and safety of the youth shall be the paramount
5concern. No adverse or prejudicial effects may result to any
6youth because of the youth's availing of or declining the
7provisions of this Section.
8 (g) Any support services to youth receiving education and
9support services must be available in any school or by home or
10hospital instruction.
11 (h) Individual, peer, group, and family counseling
12services or psychotherapy must be made available to youth who
13are parents, expectant parents, or victims of gender-based
14violence consistent with the provisions of the Mental Health
15and Developmental Disabilities Code. At least once every school
16year, each school district must inform in writing all school
17personnel and all students 12 years of age or older of the
18availability of counseling without parental or guardian
19consent under Section 3-5A-105 of the Mental Health and
20Developmental Disabilities Code. This information must also be
21provided to students immediately after any school personnel
22becomes aware that a student is a parent, expectant parent, or
23victim of gender-based violence.
24 (i) All domestic or sexual violence organizations and its
25staff and any other non-school organization and its staff shall
26maintain confidentiality pursuant to federal and State laws and

SB0449 Engrossed- 48 -LRB101 04210 AXK 49218 b
1their professional ethics policies regardless of when or where
2information, advice, counseling, or any other interaction with
3students takes place. A school or school district may not
4request or require those organizations or individuals to breach
5confidentiality.
6 (105 ILCS 5/26A-45 new)
7 Sec. 26A-45. Assertion of rights; verification.
8 (a) For purposes of youth asserting their rights under
9provisions relating to gender-based violence in Sections
1010-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a
11school district may require verification of the claim.
12Verification may not be required for a youth to be referred to
13or to receive in-school or out-of-school services. Any one of
14the following shall be acceptable as a form of verification of
15a youth's claim of gender-based violence, only one of which may
16be required by a school district, and the youth or the youth's
17parent or guardian shall choose which form of documentation to
18submit to the school district:
19 (1) A written statement from the youth or anyone who
20 has knowledge of the circumstances that support the youth's
21 claim. This may be in the form of a complaint.
22 (2) A police report, government agency record, or court
23 record.
24 (3) A statement or other documentation from a domestic
25 or sexual violence organization or any other organization

SB0449 Engrossed- 49 -LRB101 04210 AXK 49218 b
1 from which the youth sought services or advice.
2 (4) Documentation from a lawyer, clergy person,
3 medical professional, or other professional from whom the
4 youth sought gender-based violence services or advice.
5 (5) Any other evidence, such as physical evidence of
6 violence, that supports the claim.
7 All forms of verification received by a school district
8under this subsection must be kept in a temporary file.
9 (b) A youth or a youth's parent or guardian who has
10provided acceptable verification that the youth is or has been
11a victim of gender-based violence may not be required to
12provide any additional verification if the youth's efforts to
13assert rights under this Code stem from a claim involving the
14same perpetrator or the same incident of violence. No school or
15school district shall request or require additional
16documentation.
17 (c) The person named to be the perpetrator, the
18perpetrator's family, or any other person named by the youth or
19named by the youth's parent or guardian to be unsafe to contact
20may not be contacted to verify the violence. The perpetrator,
21the perpetrator's family, or any other person named by the
22youth or the youth's parent or guardian to be unsafe may not be
23contacted for any other reason without written permission of
24the youth or written permission of the youth's parent or
25guardian. Permission of the youth's parent or guardian may not
26be pursued when the youth alleges that his or her health or

SB0449 Engrossed- 50 -LRB101 04210 AXK 49218 b
1safety would be threatened if the school or school district
2contacts the youth's parent or guardian to obtain written
3permission.
4 (105 ILCS 5/26A-50 new)
5 Sec. 26A-50. Enforcement of provisions.
6 (a) Violations of this Article are actionable in civil
7court. A student who is a parent, expectant parent, or victim
8of gender-based violence has a cause of action against any
9school or school district that fails to exercise due diligence
10in responding to the student who is a parent, expectant parent,
11or victim of gender-based violence whose status it knew or
12should have known about.
13 (b) A prevailing student shall be entitled to all relief
14that would make him or her whole. This relief may include, but
15is not limited to, all of the following:
16 (1) Declaratory relief.
17 (2) Injunctive relief.
18 (3) Recovery of costs and attorney's fees, including,
19 but not limited to, costs for expert testimony and witness
20 fees.
21 (4) Compensatory damages, including, but not limited
22 to:
23 (A) economic loss, including damage, destruction
24 or loss of use of personal property, and loss of past
25 or future earning capacity; and

SB0449 Engrossed- 51 -LRB101 04210 AXK 49218 b
1 (B) damages for personal injury, disease, or
2 mental and emotional harm, including medical,
3 rehabilitation, pain and suffering, and physical
4 impairment.
5 (5) Punitive damages.
6 (105 ILCS 5/26A-55 new)
7 Sec. 26A-55. Prohibited practices. No school or school
8district may take any adverse action against a student who is a
9parent, expectant parent, or victim of gender-based violence
10because the student or his or her parent or guardian (i)
11exercises or attempts to exercise his or her rights under this
12Article, (ii) opposes practices that the student or his or her
13parent or guardian believes to be in violation of this Article,
14or (iii) supports the exercise of the rights of another under
15this Article. Exercising rights under this Article includes,
16but is not limited to, filing an action, instituting or causing
17to be instituted any proceeding under or related to this
18Article, or in any manner requesting, availing himself or
19herself of, or declining any of the provisions of this Article,
20including, but not limited to, accommodations or services.
21 (105 ILCS 5/27A-5)
22 Sec. 27A-5. Charter school; legal entity; requirements.
23 (a) A charter school shall be a public, nonsectarian,
24nonreligious, non-home based, and non-profit school. A charter

SB0449 Engrossed- 52 -LRB101 04210 AXK 49218 b
1school shall be organized and operated as a nonprofit
2corporation or other discrete, legal, nonprofit entity
3authorized under the laws of the State of Illinois.
4 (b) A charter school may be established under this Article
5by creating a new school or by converting an existing public
6school or attendance center to charter school status. Beginning
7on April 16, 2003 (the effective date of Public Act 93-3), in
8all new applications to establish a charter school in a city
9having a population exceeding 500,000, operation of the charter
10school shall be limited to one campus. The changes made to this
11Section by Public Act 93-3 do not apply to charter schools
12existing or approved on or before April 16, 2003 (the effective
13date of Public Act 93-3).
14 (b-5) In this subsection (b-5), "virtual-schooling" means
15a cyber school where students engage in online curriculum and
16instruction via the Internet and electronic communication with
17their teachers at remote locations and with students
18participating at different times.
19 From April 1, 2013 through December 31, 2016, there is a
20moratorium on the establishment of charter schools with
21virtual-schooling components in school districts other than a
22school district organized under Article 34 of this Code. This
23moratorium does not apply to a charter school with
24virtual-schooling components existing or approved prior to
25April 1, 2013 or to the renewal of the charter of a charter
26school with virtual-schooling components already approved

SB0449 Engrossed- 53 -LRB101 04210 AXK 49218 b
1prior to April 1, 2013.
2 On or before March 1, 2014, the Commission shall submit to
3the General Assembly a report on the effect of
4virtual-schooling, including without limitation the effect on
5student performance, the costs associated with
6virtual-schooling, and issues with oversight. The report shall
7include policy recommendations for virtual-schooling.
8 (c) A charter school shall be administered and governed by
9its board of directors or other governing body in the manner
10provided in its charter. The governing body of a charter school
11shall be subject to the Freedom of Information Act and the Open
12Meetings Act.
13 (d) For purposes of this subsection (d), "non-curricular
14health and safety requirement" means any health and safety
15requirement created by statute or rule to provide, maintain,
16preserve, or safeguard safe or healthful conditions for
17students and school personnel or to eliminate, reduce, or
18prevent threats to the health and safety of students and school
19personnel. "Non-curricular health and safety requirement" does
20not include any course of study or specialized instructional
21requirement for which the State Board has established goals and
22learning standards or which is designed primarily to impart
23knowledge and skills for students to master and apply as an
24outcome of their education.
25 A charter school shall comply with all non-curricular
26health and safety requirements applicable to public schools

SB0449 Engrossed- 54 -LRB101 04210 AXK 49218 b
1under the laws of the State of Illinois. On or before September
21, 2015, the State Board shall promulgate and post on its
3Internet website a list of non-curricular health and safety
4requirements that a charter school must meet. The list shall be
5updated annually no later than September 1. Any charter
6contract between a charter school and its authorizer must
7contain a provision that requires the charter school to follow
8the list of all non-curricular health and safety requirements
9promulgated by the State Board and any non-curricular health
10and safety requirements added by the State Board to such list
11during the term of the charter. Nothing in this subsection (d)
12precludes an authorizer from including non-curricular health
13and safety requirements in a charter school contract that are
14not contained in the list promulgated by the State Board,
15including non-curricular health and safety requirements of the
16authorizing local school board.
17 (e) Except as otherwise provided in the School Code, a
18charter school shall not charge tuition; provided that a
19charter school may charge reasonable fees for textbooks,
20instructional materials, and student activities.
21 (f) A charter school shall be responsible for the
22management and operation of its fiscal affairs including, but
23not limited to, the preparation of its budget. An audit of each
24charter school's finances shall be conducted annually by an
25outside, independent contractor retained by the charter
26school. To ensure financial accountability for the use of

SB0449 Engrossed- 55 -LRB101 04210 AXK 49218 b
1public funds, on or before December 1 of every year of
2operation, each charter school shall submit to its authorizer
3and the State Board a copy of its audit and a copy of the Form
4990 the charter school filed that year with the federal
5Internal Revenue Service. In addition, if deemed necessary for
6proper financial oversight of the charter school, an authorizer
7may require quarterly financial statements from each charter
8school.
9 (g) A charter school shall comply with all provisions of
10this Article, the Illinois Educational Labor Relations Act, all
11federal and State laws and rules applicable to public schools
12that pertain to special education and the instruction of
13English learners, and its charter. A charter school is exempt
14from all other State laws and regulations in this Code
15governing public schools and local school board policies;
16however, a charter school is not exempt from the following:
17 (1) Sections 10-21.9 and 34-18.5 of this Code regarding
18 criminal history records checks and checks of the Statewide
19 Sex Offender Database and Statewide Murderer and Violent
20 Offender Against Youth Database of applicants for
21 employment;
22 (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
23 34-84a of this Code regarding discipline of students;
24 (3) the Local Governmental and Governmental Employees
25 Tort Immunity Act;
26 (4) Section 108.75 of the General Not For Profit

SB0449 Engrossed- 56 -LRB101 04210 AXK 49218 b
1 Corporation Act of 1986 regarding indemnification of
2 officers, directors, employees, and agents;
3 (5) the Abused and Neglected Child Reporting Act;
4 (5.5) subsection (b) of Section 10-23.12 and
5 subsection (b) of Section 34-18.6 of this Code;
6 (6) the Illinois School Student Records Act;
7 (7) Section 10-17a of this Code regarding school report
8 cards;
9 (8) the P-20 Longitudinal Education Data System Act;
10 (9) Section 27-23.7 of this Code regarding bullying
11 prevention;
12 (10) Section 2-3.162 of this Code regarding student
13 discipline reporting;
14 (11) Sections 22-80 and 27-8.1 of this Code;
15 (12) Sections 10-20.60 and 34-18.53 of this Code;
16 (13) Sections 10-20.63 and 34-18.56 of this Code; and
17 (14) Section 26-18 of this Code; and
18 (15) Section 22-30 of this Code; and .
19 (16) Article 26A.
20 The change made by Public Act 96-104 to this subsection (g)
21is declaratory of existing law.
22 (h) A charter school may negotiate and contract with a
23school district, the governing body of a State college or
24university or public community college, or any other public or
25for-profit or nonprofit private entity for: (i) the use of a
26school building and grounds or any other real property or

SB0449 Engrossed- 57 -LRB101 04210 AXK 49218 b
1facilities that the charter school desires to use or convert
2for use as a charter school site, (ii) the operation and
3maintenance thereof, and (iii) the provision of any service,
4activity, or undertaking that the charter school is required to
5perform in order to carry out the terms of its charter.
6However, a charter school that is established on or after April
716, 2003 (the effective date of Public Act 93-3) and that
8operates in a city having a population exceeding 500,000 may
9not contract with a for-profit entity to manage or operate the
10school during the period that commences on April 16, 2003 (the
11effective date of Public Act 93-3) and concludes at the end of
12the 2004-2005 school year. Except as provided in subsection (i)
13of this Section, a school district may charge a charter school
14reasonable rent for the use of the district's buildings,
15grounds, and facilities. Any services for which a charter
16school contracts with a school district shall be provided by
17the district at cost. Any services for which a charter school
18contracts with a local school board or with the governing body
19of a State college or university or public community college
20shall be provided by the public entity at cost.
21 (i) In no event shall a charter school that is established
22by converting an existing school or attendance center to
23charter school status be required to pay rent for space that is
24deemed available, as negotiated and provided in the charter
25agreement, in school district facilities. However, all other
26costs for the operation and maintenance of school district

SB0449 Engrossed- 58 -LRB101 04210 AXK 49218 b
1facilities that are used by the charter school shall be subject
2to negotiation between the charter school and the local school
3board and shall be set forth in the charter.
4 (j) A charter school may limit student enrollment by age or
5grade level.
6 (k) If the charter school is approved by the Commission,
7then the Commission charter school is its own local education
8agency.
9(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
10eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
1199-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
12100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
131-1-18; 100-468, eff. 6-1-18; 100-726, eff. 1-1-19; 100-863,
14eff. 8-14-18; revised 10-5-18.)
15 (105 ILCS 5/34-18.24)
16 Sec. 34-18.24. Transfer of students.
17 (a) The board shall establish and implement a policy
18governing the transfer of a student from one attendance center
19to another within the school district upon the request of the
20student's parent or guardian. A student may not transfer to any
21of the following attendance centers, except by change in
22residence if the policy authorizes enrollment based on
23residence in an attendance area or unless approved by the board
24on an individual basis:
25 (1) An attendance center that exceeds or as a result of

SB0449 Engrossed- 59 -LRB101 04210 AXK 49218 b
1 the transfer would exceed its attendance capacity.
2 (2) An attendance center for which the board has
3 established academic criteria for enrollment if the
4 student does not meet the criteria.
5 (3) Any attendance center if the transfer would prevent
6 the school district from meeting its obligations under a
7 State or federal law, court order, or consent decree
8 applicable to the school district.
9(b) The board shall establish and implement a policy governing
10the transfer of students within the school district from a
11persistently dangerous attendance center to another attendance
12center in that district that is not deemed to be persistently
13dangerous. In order to be considered a persistently dangerous
14attendance center, the attendance center must meet all of the
15following criteria for 2 consecutive years:
16 (1) Have greater than 3% of the students enrolled in
17 the attendance center expelled for violence-related
18 conduct.
19 (2) Have one or more students expelled for bringing a
20 firearm to school as defined in 18 U.S.C. 921.
21 (3) Have at least 3% of the students enrolled in the
22 attendance center exercise the individual option to
23 transfer attendance centers pursuant to subsection (c) of
24 this Section.
25 (c) A student may transfer from one attendance center to
26another attendance center within the district if the student is

SB0449 Engrossed- 60 -LRB101 04210 AXK 49218 b
1a victim of a violent crime as defined in Section 3 of the
2Rights of Crime Victims and Witnesses Act. The violent crime
3must have occurred on school grounds during regular school
4hours or during a school-sponsored event.
5 (d) (Blank).
6 (e) Notwithstanding any other provision of this Code, a
7student who is a victim of gender-based violence, as defined in
8Article 26A, must be permitted to transfer schools immediately
9and as needed, including to a school in another school
10district, if the student's continued attendance at a particular
11attendance center, school facility, or school location poses a
12risk to the student's mental or physical well-being or safety.
13A transfer under this subsection within the school district
14must be considered before a transfer into a different school
15district. A school district must waive tuition for a student
16who transfers under this subsection to the school district and
17is a nonresident. A student who transfers to another school
18under this subsection due to gender-based violence must have
19full and immediate access to extracurricular activities and any
20programs or activities offered by or under the auspices of the
21school to which the student has transferred. No adverse or
22prejudicial effects may result to any student who is a victim
23of gender-based violence because of the student availing
24himself or herself of or declining the provisions of this
25subsection.
26(Source: P.A. 100-1046, eff. 8-23-18.)

SB0449 Engrossed- 61 -LRB101 04210 AXK 49218 b
1 Section 10. The Illinois School Student Records Act is
2amended by changing Section 5 as follows:
3 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
4 Sec. 5. (a) A parent or any person specifically designated
5as a representative by a parent shall have the right to inspect
6and copy all school student permanent and temporary records of
7that parent's child, except if the child is a parent, expectant
8parent, or victim of gender-based violence, as defined in
9Article 26A. All information concerning a student's status and
10related experiences as a parent, expectant parent, or victim of
11gender-based violence, including a statement of the student or
12any other documentation, record, or corroborating evidence and
13the fact that the student has requested or obtained assistance,
14accommodations, or services related to that status, must be
15retained by the school in the strictest confidence. The
16information contained in the student's permanent or temporary
17record may be disclosed if, prior to disclosing the information
18about a student's status as a parent, expectant parent, or
19victim of gender-based violence, the school notifies the
20student and discusses and addresses any health or safety
21concerns related to that disclosure. If the student's health or
22safety concerns are incapable of being satisfied to the
23student's satisfaction, the information concerning the
24student's status and related experiences as a parent, expectant

SB0449 Engrossed- 62 -LRB101 04210 AXK 49218 b
1parent, or victim of gender-based violence may not be disclosed
2as part of the student's permanent or temporary record.
3Enforcement of this exception is as provided in Section 26A-40.
4A student shall have the right to inspect and copy his or her
5school student permanent record. No person who is prohibited by
6an order of protection from inspecting or obtaining school
7records of a student pursuant to the Illinois Domestic Violence
8Act of 1986, as now or hereafter amended, shall have any right
9of access to, or inspection of, the school records of that
10student. If a school's principal or person with like
11responsibilities or his designee has knowledge of such order of
12protection, the school shall prohibit access or inspection of
13the student's school records by such person.
14 (b) Whenever access to any person is granted pursuant to
15paragraph (a) of this Section, at the option of either the
16parent or the school a qualified professional, who may be a
17psychologist, counsellor or other advisor, and who may be an
18employee of the school or employed by the parent, may be
19present to interpret the information contained in the student
20temporary record. If the school requires that a professional be
21present, the school shall secure and bear any cost of the
22presence of the professional. If the parent so requests, the
23school shall secure and bear any cost of the presence of a
24professional employed by the school.
25 (c) A parent's or student's request to inspect and copy
26records, or to allow a specifically designated representative

SB0449 Engrossed- 63 -LRB101 04210 AXK 49218 b
1to inspect and copy records, must be granted within a
2reasonable time, and in no case later than 10 business days
3after the date of receipt of such request by the official
4records custodian.
5 (c-5) The time for response under this Section may be
6extended by the school district by not more than 5 business
7days from the original due date for any of the following
8reasons:
9 (1) the requested records are stored in whole or in
10 part at other locations than the office having charge of
11 the requested records;
12 (2) the request requires the collection of a
13 substantial number of specified records;
14 (3) the request is couched in categorical terms and
15 requires an extensive search for the records responsive to
16 it;
17 (4) the requested records have not been located in the
18 course of routine search and additional efforts are being
19 made to locate them;
20 (5) the request for records cannot be complied with by
21 the school district within the time limits prescribed by
22 subsection (c) of this Section without unduly burdening or
23 interfering with the operations of the school district; or
24 (6) there is a need for consultation, which shall be
25 conducted with all practicable speed, with another public
26 body or school district or among 2 or more components of a

SB0449 Engrossed- 64 -LRB101 04210 AXK 49218 b
1 public body or school district having a substantial
2 interest in the determination or in the subject matter of
3 the request.
4 The person making a request and the school district may
5agree in writing to extend the time for compliance for a period
6to be determined by the parties. If the requester and the
7school district agree to extend the period for compliance, a
8failure by the school district to comply with any previous
9deadlines shall not be treated as a denial of the request for
10the records.
11 (d) The school may charge its reasonable costs for the
12copying of school student records, not to exceed the amounts
13fixed in schedules adopted by the State Board, to any person
14permitted to copy such records, except that no parent or
15student shall be denied a copy of school student records as
16permitted under this Section 5 for inability to bear the cost
17of such copying.
18 (e) Nothing contained in this Section 5 shall make
19available to a parent or student confidential letters and
20statements of recommendation furnished in connection with
21applications for employment to a post-secondary educational
22institution or the receipt of an honor or honorary recognition,
23provided such letters and statements are not used for purposes
24other than those for which they were specifically intended, and
25 (1) were placed in a school student record prior to
26 January 1, 1975; or

SB0449 Engrossed- 65 -LRB101 04210 AXK 49218 b
1 (2) the student has waived access thereto after being
2 advised of his right to obtain upon request the names of
3 all such persons making such confidential recommendations.
4 (f) Nothing contained in this Act shall be construed to
5impair or limit the confidentiality of:
6 (1) Communications otherwise protected by law as
7 privileged or confidential, including but not limited to,
8 information communicated in confidence to a physician,
9 psychologist or other psychotherapist, school social
10 worker, school counselor, school psychologist, or school
11 social worker, school counselor, or school psychologist
12 intern who works under the direct supervision of a school
13 social worker, school counselor, or school psychologist;
14 or
15 (2) Information which is communicated by a student or
16 parent in confidence to school personnel; or
17 (3) Information which is communicated by a student,
18 parent, or guardian to a law enforcement professional
19 working in the school, except as provided by court order.
20 (g) No school employee shall be subjected to adverse
21employment action, the threat of adverse employment action, or
22any manner of discrimination because the employee is acting or
23has acted to protect communications as privileged or
24confidential pursuant to applicable provisions of State or
25federal law or rule or regulation.
26(Source: P.A. 100-532, eff. 9-22-17.)

SB0449 Engrossed- 66 -LRB101 04210 AXK 49218 b
1 Section 990. The State Mandates Act is amended by adding
2Section 8.43 as follows:
3 (30 ILCS 805/8.43 new)
4 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 101st General Assembly.
8 Section 999. Effective date. This Act takes effect upon
9becoming law.
feedback