Sen. Kimberly A. Lightford
Filed: 10/19/2021
 
 


 




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1
AMENDMENT TO HOUSE BILL 3173




2 AMENDMENT NO. ______. Amend House Bill 3173, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. "An Act concerning education", approved August 
620, 2021, Public Act 102-466, is amended by changing Section 
799 as follow:




8 (P.A. 102-466, Sec. 99)



9 Sec. 99. Effective date. This Act takes effect July 1, 
102022, except that the provisions adding Section 26A-30 to the 
11School Code take effect on July 1, 2023 2025.

12(Source: P.A. 102-466, Sec. 99.)


13 Section 10. The School Code is amended by changing 
14Sections 10-22.6, 10-22.6a, 26A-15, 26A-20, 26A-25, 26A-30, 
1526A-40, and 26A-45 as follows:



 
 
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1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)


2 (Text of Section before amendment by P.A. 102-466)

3 Sec. 10-22.6. Suspension or expulsion of pupils; school 
4searches. 

5 (a) To expel pupils guilty of gross disobedience or 
6misconduct, including gross disobedience or misconduct 
7perpetuated by electronic means, pursuant to subsection (b-20) 
8of this Section, and
no action shall lie against them for such 
9expulsion. Expulsion shall
take place only after the parents 
10have been requested to appear at a
meeting of the board, or 
11with a hearing officer appointed by it, to
discuss their 
12child's behavior. Such request shall be made by registered
or 
13certified mail and shall state the time, place and purpose of 
14the
meeting. The board, or a hearing officer appointed by it, 
15at such
meeting shall state the reasons for dismissal and the 
16date on which the
expulsion is to become effective. If a 
17hearing officer is appointed by
the board, he shall report to 
18the board a written summary of the evidence
heard at the 
19meeting and the board may take such action thereon as it
finds 
20appropriate. If the board acts to expel a pupil, the written 
21expulsion decision shall detail the specific reasons why 
22removing the pupil from the learning environment is in the 
23best interest of the school. The expulsion decision shall also 
24include a rationale as to the specific duration of the 
25expulsion. An expelled pupil may be immediately transferred to 
 
 
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1an alternative program in the manner provided in Article 13A 
2or 13B of this Code. A pupil must not be denied transfer 
3because of the expulsion, except in cases in which such 
4transfer is deemed to cause a threat to the safety of students 
5or staff in the alternative program.

6 (b) To suspend or by policy to authorize the 
7superintendent of
the district or the principal, assistant 
8principal, or dean of students
of any school to suspend pupils 
9guilty of gross disobedience or misconduct, or
to suspend 
10pupils guilty of gross disobedience or misconduct on the 
11school bus
from riding the school bus, pursuant to subsections 
12(b-15) and (b-20) of this Section, and no action
shall lie 
13against them for such suspension. The board may by policy

14authorize the superintendent of the district or the principal, 
15assistant
principal, or dean of students of any
school to 
16suspend pupils guilty of such acts for a period not to exceed

1710 school days. If a pupil is suspended due to gross 
18disobedience or misconduct
on a school bus, the board may 
19suspend the pupil in excess of 10
school
days for safety 
20reasons. 
21 Any suspension shall be reported immediately to the

22parents or guardian of a pupil along with a full statement of 
23the
reasons for such suspension and a notice of their right to 
24a review. The school board must be given a summary of the 
25notice, including the reason for the suspension and the 
26suspension length. Upon request of the
parents or guardian, 
 
 
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1the school board or a hearing officer appointed by
it shall 
2review such action of the superintendent or principal, 
3assistant
principal, or dean of students. At such
review, the 
4parents or guardian of the pupil may appear and discuss the

5suspension with the board or its hearing officer. If a hearing 
6officer
is appointed by the board, he shall report to the board 
7a written summary
of the evidence heard at the meeting. After 
8its hearing or upon receipt
of the written report of its 
9hearing officer, the board may take such
action as it finds 
10appropriate. If a student is suspended pursuant to this 
11subsection (b), the board shall, in the written suspension 
12decision, detail the specific act of gross disobedience or 
13misconduct resulting in the decision to suspend. The 
14suspension decision shall also include a rationale as to the 
15specific duration of the suspension. A pupil who is suspended 
16in excess of 20 school days may be immediately transferred to 
17an alternative program in the manner provided in Article 13A 
18or 13B of this Code. A pupil must not be denied transfer 
19because of the suspension, except in cases in which such 
20transfer is deemed to cause a threat to the safety of students 
21or staff in the alternative program.

22 (b-5) Among the many possible disciplinary interventions 
23and consequences available to school officials, school 
24exclusions, such as out-of-school suspensions and expulsions, 
25are the most serious. School officials shall limit the number 
26and duration of expulsions and suspensions to the greatest 
 
 
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1extent practicable, and it is recommended that they use them 
2only for legitimate educational purposes. To ensure that 
3students are not excluded from school unnecessarily, it is 
4recommended that school officials consider forms of 
5non-exclusionary discipline prior to using out-of-school 
6suspensions or expulsions.
7 (b-10) Unless otherwise required by federal law or this 
8Code, school boards may not institute zero-tolerance policies 
9by which school administrators are required to suspend or 
10expel students for particular behaviors.
11 (b-15) Out-of-school suspensions of 3 days or less may be 
12used only if the student's continuing presence in school would 
13pose a threat to school safety or a disruption to other 
14students' learning opportunities. For purposes of this 
15subsection (b-15), "threat to school safety or a disruption to 
16other students' learning opportunities" shall be determined on 
17a case-by-case basis by the school board or its designee. 
18School officials shall make all reasonable efforts to resolve 
19such threats, address such disruptions, and minimize the 
20length of suspensions to the greatest extent practicable.
21 (b-20) Unless otherwise required by this Code, 
22out-of-school suspensions of longer than 3 days, expulsions, 
23and disciplinary removals to alternative schools may be used 
24only if other appropriate and available behavioral and 
25disciplinary interventions have been exhausted and the 
26student's continuing presence in school would either (i) pose 
 
 
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1a
threat to the safety of other students, staff, or members of

2the school community or (ii) substantially disrupt, impede, or

3interfere with the operation of the school. For purposes of 
4this subsection (b-20), "threat to the safety of other 
5students, staff, or members of the school community" and 
6"substantially disrupt, impede, or interfere with the 
7operation of the school" shall be determined on a case-by-case 
8basis by school officials. For purposes of this subsection 
9(b-20), the determination of whether "appropriate and 
10available behavioral and disciplinary interventions have been 
11exhausted" shall be made by school officials. School officials 
12shall make all reasonable efforts to resolve such threats, 
13address such disruptions, and minimize the length of student 
14exclusions to the greatest extent practicable. Within the 
15suspension decision described in subsection (b) of this 
16Section or the expulsion decision described in subsection (a) 
17of this Section, it shall be documented whether other 
18interventions were attempted or whether it was determined that 
19there were no other appropriate and available interventions.
20 (b-25) Students who are suspended out-of-school for longer 
21than 4 school days shall be provided appropriate and available 
22support services during the period of their suspension. For 
23purposes of this subsection (b-25), "appropriate and available 
24support services" shall be determined by school authorities. 
25Within the suspension decision described in subsection (b) of 
26this Section, it shall be documented whether such services are 
 
 
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1to be provided or whether it was determined that there are no 
2such appropriate and available services.
3 A school district may refer students who are expelled to 
4appropriate and available support services.
5 A school district shall create a policy to facilitate the 
6re-engagement of students who are suspended out-of-school, 
7expelled, or returning from an alternative school setting.
8 (b-30) A school district shall create a policy by which 
9suspended pupils, including those pupils suspended from the 
10school bus who do not have alternate transportation to school, 
11shall have the opportunity to make up work for equivalent 
12academic credit. It shall be the responsibility of a pupil's 
13parent or guardian to notify school officials that a pupil 
14suspended from the school bus does not have alternate 
15transportation to school. 
16 (c) A school board must invite a representative from a 
17local mental health agency to consult with the board at the 
18meeting whenever there is evidence that mental illness may be 
19the cause of a student's expulsion or suspension.

20 (c-5) School districts shall make reasonable efforts to 
21provide ongoing professional development to teachers, 
22administrators, school board members, school resource 
23officers, and staff on the adverse consequences of school 
24exclusion and justice-system involvement, effective classroom 
25management strategies, culturally responsive discipline, the 
26appropriate and available supportive services for the 
 
 
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1promotion of student attendance and engagement, and 
2developmentally appropriate disciplinary methods that promote 
3positive and healthy school climates. 
4 (d) The board may expel a student for a definite period of 
5time not to
exceed 2 calendar years, as determined on a 
6case-by-case basis.
A student who
is determined to have 
7brought one of the following objects to school, any 
8school-sponsored activity
or event, or any activity or event 
9that bears a reasonable relationship to school shall be 
10expelled for a period of not less than
one year:
11  (1) A firearm. For the purposes of this Section, 
12 "firearm" means any gun, rifle, shotgun, weapon as defined 
13 by Section 921 of Title 18 of the United States Code, 
14 firearm as defined in Section 1.1 of the Firearm Owners 
15 Identification Card Act, or firearm as defined in Section 
16 24-1 of the Criminal Code of 2012. The expulsion period 
17 under this subdivision (1) may be modified by the 
18 superintendent, and the superintendent's determination may 
19 be modified by the board on a case-by-case basis.
20  (2) A knife, brass knuckles or other knuckle weapon 
21 regardless of its composition, a billy club, or any other 
22 object if used or attempted to be used to cause bodily 
23 harm, including "look alikes" of any firearm as defined in 
24 subdivision (1) of this subsection (d). The expulsion 
25 requirement under this subdivision (2) may be modified by 
26 the superintendent, and the superintendent's determination 
 
 
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1 may be modified by the board on a case-by-case basis. 
2Expulsion
or suspension
shall be construed in a
manner 
3consistent with the federal Individuals with Disabilities 
4Education
Act. A student who is subject to suspension or 
5expulsion as provided in this
Section may be eligible for a 
6transfer to an alternative school program in
accordance with 
7Article 13A of the School Code.

8 (d-5) The board may suspend or by regulation
authorize the 
9superintendent of the district or the principal, assistant

10principal, or dean of students of any
school to suspend a 
11student for a period not to exceed
10 school days or may expel 
12a student for a definite period of time not to
exceed 2 
13calendar years, as determined on a case-by-case basis, if (i) 
14that student has been determined to have made an explicit 
15threat on an Internet website against a school employee, a 
16student, or any school-related personnel, (ii) the Internet 
17website through which the threat was made is a site that was 
18accessible within the school at the time the threat was made or 
19was available to third parties who worked or studied within 
20the school grounds at the time the threat was made, and (iii) 
21the threat could be reasonably interpreted as threatening to 
22the safety and security of the threatened individual because 
23of his or her duties or employment status or status as a 
24student inside the school.

25 (e) To maintain order and security in the schools, school 
26authorities may
inspect and search places and areas such as 
 
 
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1lockers, desks, parking lots, and
other school property and 
2equipment owned or controlled by the school, as well
as 
3personal effects left in those places and areas by students, 
4without notice
to or the consent of the student, and without a 
5search warrant. As a matter of
public policy, the General 
6Assembly finds that students have no reasonable
expectation of 
7privacy in these places and areas or in their personal effects

8left in these places and areas. School authorities may request 
9the assistance
of law enforcement officials for the purpose of 
10conducting inspections and
searches of lockers, desks, parking 
11lots, and other school property and
equipment owned or 
12controlled by the school for illegal drugs, weapons, or
other

13illegal or dangerous substances or materials, including 
14searches conducted
through the use of specially trained dogs. 
15If a search conducted in accordance
with this Section produces 
16evidence that the student has violated or is
violating either 
17the law, local ordinance, or the school's policies or rules,

18such evidence may be seized by school authorities, and 
19disciplinary action may
be taken. School authorities may also 
20turn over such evidence to law
enforcement authorities.

21 (f) Suspension or expulsion may include suspension or 
22expulsion from
school and all school activities and a 
23prohibition from being present on school
grounds.

24 (g) A school district may adopt a policy providing that if 
25a student
is suspended or expelled for any reason from any 
26public or private school
in this or any other state, the 
 
 
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1student must complete the entire term of
the suspension or 
2expulsion in an alternative school program under Article 13A 
3of this Code or an alternative learning opportunities program 
4under Article 13B of this Code before being admitted into the 
5school
district if there is no threat to the safety of students 
6or staff in the alternative program.

7 (h) School officials shall not advise or encourage 
8students to drop out voluntarily due to behavioral or academic 
9difficulties.
10 (i) A student may not be issued a monetary fine or fee as a 
11disciplinary consequence, though this shall not preclude 
12requiring a student to provide restitution for lost, stolen, 
13or damaged property.
14 (j) Subsections (a) through (i) of this Section shall 
15apply to elementary and secondary schools, charter schools, 
16special charter districts, and school districts organized 
17under Article 34 of this Code. 
18 (k) The expulsion of children enrolled in programs funded 
19under Section 1C-2 of this Code is subject to the requirements 
20under paragraph (7) of subsection (a) of Section 2-3.71 of 
21this Code.
22 (l) Beginning with the 2018-2019 school year, an in-school 
23suspension program provided by a school district for any 
24students in kindergarten through grade 12 may focus on 
25promoting non-violent conflict resolution and positive 
26interaction with other students and school personnel. A school 
 
 
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1district may employ a school social worker or a licensed 
2mental health professional to oversee an in-school suspension 
3program in kindergarten through grade 12. 
4(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)

5 (Text of Section after amendment by P.A. 102-466)

6 Sec. 10-22.6. Suspension or expulsion of pupils; school 
7searches. 

8 (a) To expel pupils guilty of gross disobedience or 
9misconduct, including gross disobedience or misconduct 
10perpetuated by electronic means, pursuant to subsection (b-20) 
11of this Section, and
no action shall lie against them for such 
12expulsion. Expulsion shall
take place only after the parents 
13or guardians have been requested to appear at a
meeting of the 
14board, or with a hearing officer appointed by it, to
discuss 
15their child's behavior. Such request shall be made by 
16registered
or certified mail and shall state the time, place 
17and purpose of the
meeting. The board, or a hearing officer 
18appointed by it, at such
meeting shall state the reasons for 
19dismissal and the date on which the
expulsion is to become 
20effective. If a hearing officer is appointed by
the board, he 
21shall report to the board a written summary of the evidence

22heard at the meeting and the board may take such action thereon 
23as it
finds appropriate. If the board acts to expel a pupil, 
24the written expulsion decision shall detail the specific 
25reasons why removing the pupil from the learning environment 
 
 
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1is in the best interest of the school. The expulsion decision 
2shall also include a rationale as to the specific duration of 
3the expulsion. An expelled pupil may be immediately 
4transferred to an alternative program in the manner provided 
5in Article 13A or 13B of this Code. A pupil must not be denied 
6transfer because of the expulsion, except in cases in which 
7such transfer is deemed to cause a threat to the safety of 
8students or staff in the alternative program.

9 (b) To suspend or by policy to authorize the 
10superintendent of
the district or the principal, assistant 
11principal, or dean of students
of any school to suspend pupils 
12guilty of gross disobedience or misconduct, or
to suspend 
13pupils guilty of gross disobedience or misconduct on the 
14school bus
from riding the school bus, pursuant to subsections 
15(b-15) and (b-20) of this Section, and no action
shall lie 
16against them for such suspension. The board may by policy

17authorize the superintendent of the district or the principal, 
18assistant
principal, or dean of students of any
school to 
19suspend pupils guilty of such acts for a period not to exceed

2010 school days. If a pupil is suspended due to gross 
21disobedience or misconduct
on a school bus, the board may 
22suspend the pupil in excess of 10
school
days for safety 
23reasons. 
24 Any suspension shall be reported immediately to the

25parents or guardians of a pupil along with a full statement of 
26the
reasons for such suspension and a notice of their right to 
 
 
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1a review. The school board must be given a summary of the 
2notice, including the reason for the suspension and the 
3suspension length. Upon request of the
parents or guardians, 
4the school board or a hearing officer appointed by
it shall 
5review such action of the superintendent or principal, 
6assistant
principal, or dean of students. At such
review, the 
7parents or guardians of the pupil may appear and discuss the

8suspension with the board or its hearing officer. If a hearing 
9officer
is appointed by the board, he shall report to the board 
10a written summary
of the evidence heard at the meeting. After 
11its hearing or upon receipt
of the written report of its 
12hearing officer, the board may take such
action as it finds 
13appropriate. If a student is suspended pursuant to this 
14subsection (b), the board shall, in the written suspension 
15decision, detail the specific act of gross disobedience or 
16misconduct resulting in the decision to suspend. The 
17suspension decision shall also include a rationale as to the 
18specific duration of the suspension. A pupil who is suspended 
19in excess of 20 school days may be immediately transferred to 
20an alternative program in the manner provided in Article 13A 
21or 13B of this Code. A pupil must not be denied transfer 
22because of the suspension, except in cases in which such 
23transfer is deemed to cause a threat to the safety of students 
24or staff in the alternative program.

25 (b-5) Among the many possible disciplinary interventions 
26and consequences available to school officials, school 
 
 
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1exclusions, such as out-of-school suspensions and expulsions, 
2are the most serious. School officials shall limit the number 
3and duration of expulsions and suspensions to the greatest 
4extent practicable, and it is recommended that they use them 
5only for legitimate educational purposes. To ensure that 
6students are not excluded from school unnecessarily, it is 
7recommended that school officials consider forms of 
8non-exclusionary discipline prior to using out-of-school 
9suspensions or expulsions.
10 (b-10) Unless otherwise required by federal law or this 
11Code, school boards may not institute zero-tolerance policies 
12by which school administrators are required to suspend or 
13expel students for particular behaviors.
14 (b-15) Out-of-school suspensions of 3 days or less may be 
15used only if the student's continuing presence in school would 
16pose a threat to school safety or a disruption to other 
17students' learning opportunities. For purposes of this 
18subsection (b-15), "threat to school safety or a disruption to 
19other students' learning opportunities" shall be determined on 
20a case-by-case basis by the school board or its designee. 
21School officials shall make all reasonable efforts to resolve 
22such threats, address such disruptions, and minimize the 
23length of suspensions to the greatest extent practicable.
24 (b-20) Unless otherwise required by this Code, 
25out-of-school suspensions of longer than 3 days, expulsions, 
26and disciplinary removals to alternative schools may be used 
 
 
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1only if other appropriate and available behavioral and 
2disciplinary interventions have been exhausted and the 
3student's continuing presence in school would either (i) pose 
4a
threat to the safety of other students, staff, or members of

5the school community or (ii) substantially disrupt, impede, or

6interfere with the operation of the school. For purposes of 
7this subsection (b-20), "threat to the safety of other 
8students, staff, or members of the school community" and 
9"substantially disrupt, impede, or interfere with the 
10operation of the school" shall be determined on a case-by-case 
11basis by school officials. For purposes of this subsection 
12(b-20), the determination of whether "appropriate and 
13available behavioral and disciplinary interventions have been 
14exhausted" shall be made by school officials. School officials 
15shall make all reasonable efforts to resolve such threats, 
16address such disruptions, and minimize the length of student 
17exclusions to the greatest extent practicable. Within the 
18suspension decision described in subsection (b) of this 
19Section or the expulsion decision described in subsection (a) 
20of this Section, it shall be documented whether other 
21interventions were attempted or whether it was determined that 
22there were no other appropriate and available interventions.
23 (b-25) Students who are suspended out-of-school for longer 
24than 4 school days shall be provided appropriate and available 
25support services during the period of their suspension. For 
26purposes of this subsection (b-25), "appropriate and available 
 
 
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1support services" shall be determined by school authorities. 
2Within the suspension decision described in subsection (b) of 
3this Section, it shall be documented whether such services are 
4to be provided or whether it was determined that there are no 
5such appropriate and available services.
6 A school district may refer students who are expelled to 
7appropriate and available support services.
8 A school district shall create a policy to facilitate the 
9re-engagement of students who are suspended out-of-school, 
10expelled, or returning from an alternative school setting.
11 (b-30) A school district shall create a policy by which 
12suspended pupils, including those pupils suspended from the 
13school bus who do not have alternate transportation to school, 
14shall have the opportunity to make up work for equivalent 
15academic credit. It shall be the responsibility of a pupil's 
16parents or guardians to notify school officials that a pupil 
17suspended from the school bus does not have alternate 
18transportation to school. 
19 (b-35) In all suspension review hearings conducted
under 
20subsection (b) or expulsion hearings conducted
under 
21subsection (a), a student may disclose any factor to be 
22considered in mitigation, including, but not limited to, his 
23or her status as
a parent, expectant parent, or victim of 
24domestic or sexual violence, as defined in Article 26A, victim 
25of bullying, experiencing the death of a family member, or 
26other factors. A representative of the
parent's or guardian's 
 
 
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1choice, or of the student's choice if emancipated, must be 
2permitted to represent
the student throughout the proceedings 
3and to address the school board or its appointed hearing 
4officer. With the
approval of the student's parent or 
5guardian, or of the student if emancipated, a support person

6must be permitted to accompany the student to any disciplinary

7hearings or proceedings. The representative or support person 
8must comply with any rules of the school district's hearing 
9process. If the representative or support person violates the 
10rules or engages in behavior or advocacy that harasses, 
11abuses, or intimidates either party, a witness, or anyone else 
12in attendance at the hearing, the representative or support 
13person may be prohibited from further participation in the 
14hearing or proceeding. A suspension or expulsion proceeding

15under this subsection (b-35) must be conducted independently

16from any ongoing criminal investigation or proceeding, and an 
17absence of pending or possible criminal charges, criminal 
18investigations, or proceedings may not be a factor in school

19disciplinary decisions.
20 (b-40) During a suspension review hearing conducted
under 
21subsection (b) or an expulsion hearing conducted
under 
22subsection (a) that involves allegations of domestic or sexual

23violence or gender-based harassment by the student who is 
24subject to discipline, neither
the student nor his or her 
25representative shall directly
question nor have direct contact 
26with the alleged victim. The
student who is subject to 
 
 
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1discipline or his or her
representative may, at the discretion 
2and direction of the
school board or its appointed hearing 
3officer, suggest
questions to be posed by the school board or 
4its appointed
hearing officer to the alleged victim. 
5 (c) A school board must invite a representative from a 
6local mental health agency to consult with the board at the 
7meeting whenever there is evidence that mental illness may be 
8the cause of a student's 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 
22brought one of the following objects to school, any 
23school-sponsored activity
or event, or any activity or event 
24that bears a reasonable relationship to school shall be 
25expelled for a period of not less than
one year:
26  (1) A firearm. For the purposes of this Section, 
 
 
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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 Individuals with Disabilities 
19Education
Act. A student who is subject to suspension or 
20expulsion as provided in this
Section may be eligible for a 
21transfer to an alternative school program in
accordance with 
22Article 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 
 
 
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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 
9the school grounds at the time the threat was made, and (iii) 
10the threat could be reasonably interpreted as threatening to 
11the safety and security of the threatened individual because 
12of his or her duties or employment status or status as a 
13student inside 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 
 
 
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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 
18of this 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 (g) must include a 
23provision allowing for consideration of any mitigating 
24factors, including, but not limited to, a student's status as 
25a parent, expectant parent, or victim of domestic or sexual 
26violence, as defined in Article 26A, victim of bullying, 
 
 
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1experiencing the death of a family member, or other factors. 

2 (h) School officials shall not advise or encourage 
3students to drop out voluntarily due to behavioral or academic 
4difficulties.
5 (i) A student may not be issued a monetary fine or fee as a 
6disciplinary consequence, though this shall not preclude 
7requiring a student to provide restitution for lost, stolen, 
8or damaged property.
9 (j) Subsections (a) through (i) of this Section shall 
10apply to elementary and secondary schools, charter schools, 
11special charter districts, and school districts organized 
12under Article 34 of this Code. 
13 (k) The expulsion of children enrolled in programs funded 
14under Section 1C-2 of this Code is subject to the requirements 
15under paragraph (7) of subsection (a) of Section 2-3.71 of 
16this Code.
17 (l) Beginning with the 2018-2019 school year, an in-school 
18suspension program provided by a school district for any 
19students in kindergarten through grade 12 may focus on 
20promoting non-violent conflict resolution and positive 
21interaction with other students and school personnel. A school 
22district may employ a school social worker or a licensed 
23mental health professional to oversee an in-school suspension 
24program in kindergarten through grade 12. 
25(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
26102-539, eff. 8-20-21; revised 9-23-21.)



 
 
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1 (105 ILCS 5/10-22.6a) (from Ch. 122, par. 10-22.6a)



2 (Text of Section before amendment by P.A. 102-466)

3 Sec. 10-22.6a. 
To provide by home instruction, 
4correspondence courses or
otherwise courses of instruction for 
5pupils who are unable to attend school
because of pregnancy. 
6Such instruction shall be provided to the pupil
(1) before the 
7birth of the child when the pupil's physician, physician 
8assistant, or advanced practice nurse has
indicated to the 
9district, in writing, that the pupil is medically unable
to 
10attend regular classroom instruction and (2) for up to 3 
11months
following the birth of the child or a miscarriage.
The 
12instruction course shall be designed to offer educational 
13experiences
that are equivalent to those given to pupils at 
14the same grade level in
the district and that are designed to 
15enable the pupil to return to the classroom.

16(Source: P.A. 100-443, eff. 8-25-17.)


17 (Text of Section after amendment by P.A. 102-466)

18 Sec. 10-22.6a. Home instruction; correspondence courses.  
19 (a) To provide by home instruction, correspondence courses 
20or
otherwise courses of instruction for a pupil who is unable 
21to attend school
because of pregnancy or pregnancy-related 
22conditions, the fulfillment of parenting obligations related 
23to the health of the child, or health and safety concerns 
24arising from domestic or sexual violence, as defined in 
 
 
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1Article 26A. Such instruction shall be provided to the pupil 
2at each of the following times:

3  (1) Before the birth of the child when the pupil's 
4 physician, physician assistant, or advanced practice 
5 registered nurse has
indicated to the district, in 
6 writing, that the pupil is medically unable
to attend 
7 regular classroom instruction. 
8  (2) For up to 3 months
following the birth of the child 
9 or a miscarriage.
10  (3) When the pupil must care for his or her ill child 
11 if (i) the child's physician, physician assistant, or 
12 advanced practice registered nurse has indicated to the 
13 district, in writing, that the child has a serious health 
14 condition that would require the pupil to be absent from 
15 school for 2 or more consecutive weeks and (ii) the pupil 
16 or the pupil's parent or guardian indicates to the 
17 district, in writing, that the pupil is needed to provide 
18 care to the child during this period. In this paragraph 
19 (3), "serious health condition" means an illness, injury, 
20 impairment, or physical or mental health condition that 
21 involves inpatient care in a hospital, hospice, or 
22 residential medical care facility or continuing treatment 
23 by a health care provider that is not controlled by 
24 medication alone.
25  (4) The pupil must treat physical or mental health 
26 complications or address safety concerns arising from 
 
 
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1 domestic or sexual violence when a healthcare provider or 
2 a qualified an employee of the pupil's domestic or sexual 
3 violence organization, as defined in Article 26A has 
4 indicated to the district, in writing, that the care is 
5 needed by the pupil and will cause the pupil's absence 
6 from school for 2 or more consecutive weeks. For purposes 
7 of this paragraph (4), a qualified employee includes an 
8 advocate, counselor, therapist, supervisor, or executive 
9 director working at a rape crisis organization, as defined 
10 in Section 8-802.1 of the Code of Civil Procedure, a 
11 domestic violence program, as defined in Section 227 of 
12 the Illinois Domestic Violence Act of 1986, or an 
13 accredited children's advocacy center.  
14A school district may reassess home instruction provided to a 
15pupil under paragraph (3) or (4) every 2 months to determine 
16the pupil's continuing need for instruction under this 
17Section.

18 The instruction course shall be designed to offer 
19educational experiences
that are equivalent to those given to 
20pupils at the same grade level in
the district and that are 
21designed to enable the pupil to return to the classroom. 

22 (b) Notwithstanding any other provision of this Code or 
23State law to the contrary, if a pupil is unable to attend 
24regular classes because of the reasons set forth in subsection 
25(a) and has participated in instruction under this Section 
26that is administered by the school or the school district, 
 
 
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1then the pupil may not be penalized for grading purposes or be 
2denied course completion, a return to regular classroom 
3instruction, grade level advancement, or graduation solely on 
4the basis of the pupil's participation in instruction under 
5this Section or the pupil's absence from the regular education 
6program during the period of instruction under this Section. A 
7school or school district may not use instruction under this 
8Section to replace making support services available so that 
9pupils who are parents, expectant parents, or victims of 
10domestic or sexual violence may receive regular classroom 
11instruction. 
12(Source: P.A. 102-466, eff. 7-1-25.)


13 (105 ILCS 5/26A-15)
14 (This Section may contain text from a Public Act with a 
15delayed effective date)
16 (Section scheduled to be repealed on December 31, 2025)
17 Sec. 26A-15. Ensuring Success in School Task Force.
18 (a) The Ensuring Success in School Task Force is created 
19to draft and publish model policies and intergovernmental 
20agreements for inter-district transfers; draft and publish 
21model complaint resolution procedures as required in 
22subsection (c) of Section 26A-25; identify current mandatory 
23educator and staff training and additional new trainings 
24needed to meet the requirements as required in Section 26A-25 
25and Section 26A-35. These recommended policies and agreements 
 
 
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1shall be survivor-centered and rooted in trauma-informed 
2responses and used to support all students, from 
3pre-kindergarten through grade 12, who are survivors of 
4domestic or sexual violence, regardless of whether the 
5perpetrator is school-related or not, or who are parenting or 
6pregnant, regardless of whether the school is a public school, 
7nonpublic school, or charter school. 
8 (b) The Task Force shall be representative of the 
9geographic, racial, ethnic, sexual orientation, gender 
10identity, and cultural diversity of this State. The Task Force 
11shall consist of all of the following members, who must be 
12appointed no later than 60 days after the effective date of 
13this amendatory Act of the 102nd General Assembly:
14  (1) One Representative appointed by the Speaker of the 
15 House of Representatives.
16  (2) One Representative appointed by the Minority 
17 Leader of the House of Representatives.
18  (3) One Senator appointed by the President of the 
19 Senate.
20  (4) One Senator appointed by the Minority Leader of 
21 the Senate.
22  (5) One member who represents a State-based 
23 organization that advocates for lesbian, gay, bisexual, 
24 transgender, and queer people appointed by the State 
25 Superintendent of Education.
26  (6) One member who represents a State-based, 
 
 
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1 nonprofit, nongovernmental organization that advocates for 
2 survivors of domestic violence appointed by the State 
3 Superintendent of Education.
4  (7) One member who represents a statewide, nonprofit, 
5 nongovernmental organization that advocates for survivors 
6 of sexual violence appointed by the State Superintendent 
7 of Education.
8  (8) One member who represents a statewide, nonprofit, 
9 nongovernmental organization that offers free legal 
10 services, including victim's rights representation, to 
11 survivors of domestic violence or sexual violence 
12 appointed by the State Superintendent of Education.
13  (9) One member who represents an organization that 
14 advocates for pregnant or parenting youth appointed by the 
15 State Superintendent of Education.
16  (10) One member who represents a youth-led 
17 organization with expertise in domestic and sexual 
18 violence appointed by the State Superintendent of 
19 Education.
20  (11) One member who represents the Children's Advocacy 
21 Centers of Illinois appointed by the State Superintendent 
22 of Education.
23  (12) One representative of the State Board of 
24 Education appointed by the State Superintendent of 
25 Education.
26  (13) One member who represents a statewide 
 
 
10200HB3173sam002- 30 -LRB102 12521 CMG 29997 a


1 organization of social workers appointed by the State 
2 Superintendent of Education.
3  (14) One member who represents a statewide 
4 organization for school psychologists appointed by the 
5 State Superintendent of Education.
6  (15) One member who represents a statewide 
7 organization of school counselors appointed by the State 
8 Superintendent of Education.
9  (16) One member who represents a statewide 
10 professional teachers' organization appointed by the State 
11 Superintendent of Education.
12  (17) One member who represents a different statewide 
13 professional teachers' organization appointed by the State 
14 Superintendent of Education.
15  (18) One member who represents a statewide 
16 organization for school boards appointed by the State 
17 Superintendent of Education.
18  (19) One member who represents a statewide 
19 organization for school principals appointed by the State 
20 Superintendent of Education.
21  (20) One member who represents a school district 
22 organized under Article 34 appointed by the State 
23 Superintendent of Education.
24  (21) One member who represents an association 
25 representing rural school superintendents appointed by the 
26 State Superintendent of Education.
 
 
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1 (c) The Task Force shall first meet at the call of the 
2State Superintendent of Education, and each subsequent meeting 
3shall be called by the chairperson, who shall be designated by 
4the State Superintendent of Education. The State Board of 
5Education shall provide administrative and other support to 
6the Task Force. Members of the Task Force shall serve without 
7compensation.
8 (d) On or before January 1, 2024 June 30, 2024, the Task 
9Force shall report its work, including model policies, 
10guidance recommendations, and agreements, to the Governor and 
11the General Assembly. The report must include all of the 
12following: 
13  (1) Recommendations for language to include in school 
14 and district policies and procedures Model school and 
15 district policies to facilitate inter-district transfers 
16 for student survivors of domestic or sexual violence, 
17 expectant parents, and parents. The recommended language 
18 These policies shall place high value on being accessible 
19 and expeditious for student survivors and pregnant and 
20 parenting students.
21  (2) Recommendations for language to include in school 
22 and district policies and procedures Model school and 
23 district policies to ensure confidentiality and privacy 
24 considerations for student survivors of domestic or sexual 
25 violence, expectant parents, and parents. The recommended 
26 language These policies must include guidance regarding 
 
 
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1 appropriate referrals for nonschool-based services.
2  (3) Recommendations for language to include in Model 
3 school and district complaint resolution procedures as 
4 prescribed by Section 26A-25.
5  (4) Guidance for schools and districts regarding which 
6 mandatory training that is currently required for educator 
7 licenses or under State or federal law would be suitable 
8 to fulfill training requirements for resource personnel as 
9 prescribed by Section 26A-35 and for the staff tasked with 
10 implementing the complaint resolution procedure as 
11 prescribed by Section 26A-25. The guidance shall evaluate 
12 all relevant mandatory or recommended training, including, 
13 but not limited to, the training required under subsection 
14 (j) of Section 4 of the Abused and Neglected Child 
15 Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and 
16 27-23.7 of this Code, and subsections (d) and (f) of 
17 Section 10-22.39 of this Code, and Section 3.10 of the 
18 Critical Health Problems and Comprehensive Health 
19 Education Act. The guidance must also identify what gaps 
20 in training exist, including, but not limited to, training 
21 on trauma-informed responses and racial and gender equity, 
22 and make recommendations for the consolidation of 
23 duplicative training programs and for future training 
24 programs that should be required or recommended for the 
25 positions as prescribed by Sections 26A-25 and 26A-35.
26 (e) The Task Force is dissolved upon submission of its 
 
 
10200HB3173sam002- 33 -LRB102 12521 CMG 29997 a


1report under subsection (d).
2 (f) This Section is repealed on December 1, 2024 December 
31, 2025. 

4(Source: P.A. 102-466, eff. 7-1-25.)

5 (105 ILCS 5/26A-20)
6 (This Section may contain text from a Public Act with a 
7delayed effective date)
8 Sec. 26A-20. Review and revision of policies and 
9procedures.
10 (a) No later than July 1, 2024 and every 2 years 
11thereafter, each school district must review all existing 
12policies and procedures and must revise any existing policies 
13and procedures that may act as a barrier to the immediate 
14enrollment and re-enrollment, attendance, graduation, and 
15success in school of any student who is a student parent, 
16expectant student parent, or victim of domestic or sexual 
17violence or any policies or procedures that may compromise a 
18criminal investigation relating to domestic or sexual violence 
19or may re-victimize students. A school district must adopt new 
20policies and procedures, as needed, to implement this Section 
21and to ensure that immediate and effective steps are taken to 
22respond to students who are student parents, expectant 
23parents, or victims of domestic or sexual violence.
24 (b) A school district's policy must be consistent with the 
25recommendations of model policy and procedures adopted by the 
 
 
10200HB3173sam002- 34 -LRB102 12521 CMG 29997 a


1State Board of Education and under Public Act 101-531.
2 (c) A school district's policy shall specify where a 
3student or parent may obtain or access, both in an electronic 
4format or in a hard-copy format, on the district's procedures 
5that a student or his or her parent or guardian may follow if 
6he or she chooses to report an incident of alleged domestic or 
7sexual violence. The procedures, which shall be readily 
8accessible to students and parents on the district's website 
9and in a hard-copy format upon the request of any individual, 
10must, at a minimum, include all of the following information: 
11  (1) The name and contact information for domestic or 
12 sexual violence and parenting resource personnel, the 
13 Title IX coordinator, school and school district resource 
14 officers or security personnel, and a community-based 
15 domestic or sexual violence organization.
16  (2) The name, title, and contact information for 
17 confidential resources within the school and school 
18 district and a description of what confidential reporting 
19 means.
20  (3) An option for the student or the student's parent 
21 or guardian to electronically, anonymously, and 
22 confidentially report the incident.
23  (4) An option for reports by third parties and 
24 bystanders.
25  (5) Information regarding the various individuals or , 
26 departments within the school and school district , or 
 
 
10200HB3173sam002- 35 -LRB102 12521 CMG 29997 a


1 organizations to whom a student may report an incident of 
2 domestic or sexual violence, specifying for each 
3 individual or department entity (i) the extent of the 
4 individual's or department's entity's reporting obligation 
5 to the school's or school district's administration, Title 
6 IX coordinator, or other personnel or department entity, 
7 (ii) the individual's or department's entity's ability to 
8 protect the student's privacy, and (iii) the extent of the 
9 individual's or entity's ability to have confidential 
10 communications with the student or his or her parent or 
11 guardian. The procedures must contain a statement that 
12 students and parents are advised to inquire directly with 
13 any outside domestic or sexual violence organization as to 
14 the organization's reporting obligations and ability to 
15 keep information confidential. 
16  (6) The adoption of a complaint resolution procedure 
17 as provided in Section 26A-25. 
18 (d) A school district must post its revised policies and 
19procedures on its website, distribute them at the beginning of 
20each school year to each student, and upon request, make 
21copies available to each student and his or her parent or 
22guardian for inspection and copying at no cost to the student 
23or parent or guardian at each school within a school district. 

24(Source: P.A. 102-466, eff. 7-1-25.)

25 (105 ILCS 5/26A-25)
 
 
10200HB3173sam002- 36 -LRB102 12521 CMG 29997 a


1 (This Section may contain text from a Public Act with a 
2delayed effective date)
3 Sec. 26A-25. Complaint resolution procedure.
4 (a) On or before July 1, 2024, each school district must 
5adopt one procedure to resolve complaints of violations of 
6this amendatory Act of the 102nd General Assembly. The 
7respondent must be one or more of the following: the school, 
8school district, or school personnel. These procedures shall 
9comply with the confidentiality provisions of Sections 26A-20 
10and 26A-30. The procedures must include, at minimum, all of 
11the following:
12  (1) The opportunity to consider the most appropriate 
13 means to execute the procedure considering school safety, 
14 the developmental level of students, methods to reduce 
15 trauma during the procedure, and how to avoid multiple 
16 communications with students involved with an alleged 
17 incident of domestic or sexual violence.
18  (2) Any proceeding, meeting, or hearing held to 
19 resolve complaints of any violation of this amendatory Act 
20 of the 102nd General Assembly must protect the privacy of 
21 the participating parties and witnesses. A school, school 
22 district, or school personnel may not disclose the 
23 identity of parties or witnesses, except as necessary to 
24 resolve the complaint or to implement interim protective 
25 measures and reasonable support services or when required 
26 by State or federal law.
 
 
10200HB3173sam002- 37 -LRB102 12521 CMG 29997 a


1  (3) Complainants alleging violations of this 
2 amendatory Act of the 102nd General Assembly must have the 
3 opportunity to request that the complaint resolution 
4 procedure begin promptly and proceed in a timely manner.
5 (b) A school district must determine the individuals who 
6will resolve complaints of violations of this amendatory Act 
7of the 102nd General Assembly.
8  (1) All individuals whose duties include resolution of 
9 complaints of violations of this amendatory Act of the 
10 102nd General Assembly must complete a minimum of 8 hours 
11 of training on issues related to domestic and sexual 
12 violence which may include the in-service training 
13 required under subsection (d) of 10-22.39, Sections 3-11, 
14 10-23.12, 10-23.13, and 27-23.7 of this Code, Section 3.10 
15 of the Critical Health Problems and Comprehensive Health 
16 Education Act, and Section 4 of the Abused and Neglected 
17 Child Reporting Act and additional training on how to 
18 conduct the school's complaint resolution procedure, which 
19 may include the in-service training required under 
20 subsection (d) of Section 10-22.39, before commencement of 
21 those duties, and must receive a minimum of 6 hours of such 
22 training annually thereafter. Training related to domestic 
23 and sexual violence, child sexual abuse, the Abused and 
24 Neglected Child Reporting Act, and conducting the school's 
25 complaint resolution procedures This training must be 
26 conducted by an individual or individuals with expertise 
 
 
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1 in domestic or sexual violence in youth and expertise in 
2 developmentally appropriate communications with 
3 elementary and secondary school students regarding topics 
4 of a sexual, violent, or sensitive nature.
5  (2) Each school must have a sufficient number of 
6 individuals trained to resolve complaints so that (i) a 
7 substitution can occur in the case of a conflict of 
8 interest or recusal, (ii) an individual with no prior 
9 involvement in the initial determination or finding may 
10 hear any appeal brought by a party, and (iii) the 
11 complaint resolution procedure proceeds in a timely 
12 manner.
13  (3) The complainant and any witnesses shall (i) 
14 receive notice of the name of the individual with 
15 authority to make a finding or approve an accommodation in 
16 the proceeding before the individual may initiate contact 
17 with the complainant and any witnesses and (ii) have the 
18 opportunity to request a substitution if the participation 
19 of an individual with authority to make a finding or 
20 approve an accommodation poses a conflict of interest. 
21 (c) When the alleged violation of this amendatory Act of 
22the 102nd General Assembly involves making a determination or 
23finding of responsibility of causing harm:
24  (1) The individual making the finding must use a 
25 preponderance of evidence standard to determine whether 
26 the incident occurred.
 
 
10200HB3173sam002- 39 -LRB102 12521 CMG 29997 a


1  (2) The complainant and respondent and any witnesses 
2 may not directly or through a representative question one 
3 another. At the discretion of the individual resolving the 
4 complaint, the complainant and the respondent may suggest 
5 questions to be posed by the individual resolving the 
6 complaint and if the individual resolving the complaint 
7 decides to pose such questions.
8  (3) A live hearing is not required. If the complaint 
9 resolution procedure includes a hearing, no student who is 
10 a witness, including the complainant, may be compelled to 
11 testify in the presence of a party or other witness. If a 
12 witness invokes this right to testify outside the presence 
13 of the other party or other witnesses, then the school 
14 district must provide an option by which each party may, 
15 at a minimum, hear such witnesses' testimony. 
16 (d) Each party and witness may request and must be allowed 
17to have a representative or support persons of their choice 
18accompany them to any meeting or proceeding related to the 
19alleged violence or violation of this amendatory Act of the 
20102nd General Assembly if the involvement of the 
21representative or support persons does not result in undue 
22delay of the meeting or proceeding. This representative or 
23support persons must comply with any rules of the school 
24district's complaint resolution procedure. If the 
25representative or support persons violate the rules or engage 
26in behavior or advocacy that harasses, abuses, or intimidates 
 
 
10200HB3173sam002- 40 -LRB102 12521 CMG 29997 a


1either part, a witness, or an individual resolving the 
2complaint, the representative or support person may be 
3prohibited from further participation in the meeting or 
4proceeding. 
5 (e) The complainant, regardless of the level of 
6involvement in the complaint resolution procedure, and the 
7respondent must have the opportunity to provide or present 
8evidence and witnesses on their behalf during the complaint 
9resolution procedure. 
10 (f) The complainant and respondent and any named 
11perpetrator directly impacted by the results of the complaint 
12resolution procedure, are entitled to simultaneous written 
13notification of the results of the complaint resolution 
14procedure, including information regarding appeals rights and 
15procedures, within 10 business days after a decision or sooner 
16if required by State or federal law or district policy.
17  (1) The complainant, respondents, and named 
18 perpetrator if directly impacted by the results of the 
19 complaint resolution procedure must, at a minimum, have 
20 the right to timely appeal the complaint resolution 
21 procedure's findings or remedies if a party alleges (i) a 
22 procedural error occurred, (ii) new information exists 
23 that would substantially change the outcome of the 
24 proceeding, (iii) the remedy is not sufficiently related 
25 to the finding, or (iv) the decision is against the weight 
26 of the evidence.
 
 
10200HB3173sam002- 41 -LRB102 12521 CMG 29997 a


1  (2) An individual reviewing the findings or remedies 
2 may not have previously participated in the complaint 
3 resolution procedure and may not have a conflict of 
4 interest with either party.
5  (3) The complainant and respondent and any 
6 perpetrators directly impacted by the results of the 
7 complaint resolution procedure must receive the appeal 
8 decision, in writing, within 10 business days, but never 
9 more than 15 business days, after the conclusion of the 
10 review of findings or remedies or sooner if required by 
11 State or federal law. 
12 (g) Each school district must have a procedure to 
13determine interim protective measures and support services 
14available pending the resolution of the complaint including 
15the implementation of court orders. 

16(Source: P.A. 102-466, eff. 7-1-25.)

17 (105 ILCS 5/26A-30)
18 (This Section may contain text from a Public Act with a 
19delayed effective date)
20 Sec. 26A-30. Confidentiality.
21 (a) Each school district must adopt and ensure that it has 
22and implements a policy, which may be combined with and 
23incorporated into the policy required under Section 26A-20 or 
24other relevant existing policy,
to ensure that all information 
25concerning a
student's status and related experiences as a 
 
 
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1parent, expectant parent, or victim of domestic or sexual 
2violence, or a student who is a named perpetrator of domestic 
3or sexual violence, provided to or otherwise obtained by an 
4employee or agent of the school district or its employees or 
5agents pursuant to this Code or otherwise, including a 
6statement of the student or any other documentation, record, 
7or corroborating evidence that the student has requested or 
8obtained assistance, support, or services pursuant to this 
9Code, shall be retained in the strictest of confidence by the 
10employees or agents of the school district or its employees or 
11agents and may not be disclosed to any other individual 
12outside of the district, including any other employee, except 
13if such disclosure is (i) permitted or required pursuant to 
14the Abused and Neglected Child Reporting Act, current Title IX 
15regulations prescribed by the U.S. Department of Education, by 
16the Illinois School Student Records Act, the federal Family 
17Educational Rights and Privacy Act of 1974, or other 
18applicable State or federal laws, or any professional code of 
19ethics, policies, or standards that govern personnel who hold 
20a professional educator license issued by the State Board of 
21Education or other contractual professional staff working with 
22students, (ii) requested or consented to, in writing, by the 
23student or the student's parent or guardian if it is safe to 
24obtain written consent from the student's parent or guardian, 
25or (iii) deemed necessary to address imminent risk of serious 
26physical injury or death of a student or other persons, 
 
 
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1including to the victim. Nothing in this Section shall 
2prohibit any employee of the school district or contractual 
3professional staff working with students who has received 
4confidential information from seeking guidance and support 
5from an appropriate administrator or the resource personnel as 
6required in Section 26A-35 regarding a confidential 
7disclosure, provided that no personally identifiable 
8information about the student is disclosed. Nothing in this 
9Section shall prohibit any employee of the school district or 
10contractual professional staff working with students who has 
11received confidential information about a student's status 
12from disclosing information to the student's parent or 
13guardian about any imminent risk of serious physical injury or 
14death to the student or another person. If disclosing such 
15risk does not require disclosing confidential information 
16about a student's status, then the student's status must be 
17shared.
18 Employees or agents of the school district must inform all 
19minors 12 years of age or older of the availability of 
20counseling without parental or guardian consent under Section 
213-550 of the Mental Health and Developmental Disabilities 
22Code. 
23 (b) Prior to disclosing information about a student's 
24status as a parent, expectant parent, or victim of domestic or 
25sexual violence as permitted or required under subsection (a), 
26a school must notify the student and, unless the student is at 
 
 
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1least 18 years of age or emancipated, the student's parent or 
2guardian if it is determined to be safe to do so and discuss 
3and address any safety concerns related to the disclosure, 
4including instances in which the student indicates or the

5school or school district or its employees or agents are 
6otherwise aware that the student's health or safety may be at 
7risk if his or her status is disclosed to the student's parent 
8or guardian, except as otherwise permitted by applicable State 
9or federal law, including the Abused and Neglected Child 
10Reporting Act, the Illinois School Student Records Act, the 
11federal Family Educational Rights and Privacy Act of 1974, and 
12professional ethics policies that govern professional school 
13personnel. Notwithstanding any other provision of this 
14subsection, prior notification of the disclosure and the 
15required discussion regarding safety shall not be required to 
16the extent an employee or agent of the school district deems it 
17necessary to address an imminent risk of serious physical 
18injury or death of a student or another person, including to 
19the victim. If prior notification is not able to be given, such 
20notification shall be provided and safety concerns shall be 
21discussed with the student as soon as practicable and without 
22delay following the disclosure. 
23 (c) No student may be required to testify publicly 
24concerning his or her status as a victim of domestic or sexual 
25violence, allegations of domestic or sexual violence, his or 
26her status as a parent or expectant parent, or the student's 
 
 
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1efforts to enforce any of his or her rights under provisions of 
2this Code relating to students who are parents, expectant

3parents, or victims of domestic or sexual violence.
4 (d) In the case of domestic or sexual violence, except (i) 
5as permitted or required under State or federal law, including 
6the Abused and Neglected Child Reporting Act, current Title IX 
7regulations prescribed by the U.S. Department of Education, 
8the Illinois School Student Records Act, the federal Family 
9Educational Rights and Privacy Act of 1974, and professional 
10ethics, codes, policies or standards that govern personnel 
11holding a professional educator license issued by the State 
12Board of Education or other contractual professional staff 
13working with students or (ii) to the extent that an employee or 
14agent of the school district deems it necessary to address 
15imminent risk of serious physical injury or death of a student 
16or another person that a school official determines that the 
17school official has an obligation to do so based on safety 
18concerns or threats to the community, including the victim, a 
19school district must not contact the person named to be the 
20perpetrator, the perpetrator's family, or any other person 
21named by the student or named by the student's parent or 
22guardian to be unsafe to contact to verify the violence. If a A 
23school district contacts must not contact the perpetrator, the 
24perpetrator's family, or any
other person named by the student 
25or the student's parent or guardian to be unsafe for any other 
26reason, as permitted or required under this Section, the 
 
 
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1school district shall provide without providing prior written 
2notice to the student in a written and developmentally 
3appropriate manner if the minor is 12 years of age or older. 
4For minors under the age of 12 years, the school district shall 
5provide prior written notice to the student in a 
6developmentally appropriate manner, and if it is determined to 
7be safe to do so, the student's parent or guardian. 
8 Notwithstanding any other provision of this subsection to 
9the contrary, prior written notice shall not be required to 
10the extent that an employee or agent of the school district 
11deems it necessary to address an imminent risk of serious 
12physical injury or death of the student or another person, 
13including to the victim. If prior written notification is not 
14given, such notification shall be provided as soon as 
15practicable and without delay following the disclosure to the 
16student, and, unless the student is over the age of 18 years, 
17emancipated, or if it is determined to be safe, to the parent 
18or guardian. 
19 Nothing in this Section prohibits the school, or school 
20district, or its employees or agents from taking other steps 
21to investigate the violence or from contacting persons not 
22named by the student or the student's parent or guardian as 
23unsafe to contact. Nothing in this Section prohibits the 
24school, or school district, or its employees or agents from 
25taking reasonable steps to protect students, including the 
26victim. If the reasonable steps taken to protect students, 
 
 
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1including the victim, involve conduct that is prohibited under 
2this subsection, the school must provide notice of the actions 
3that were taken explaining why the actions were necessary to 
4the reporting student in a written and developmentally 
5appropriate manner if the minor is 12 years of age or older , 
6in writing and in a developmentally appropriate communication 
7format, of its intent to contact the parties named to be 
8unsafe. For minors under the age of 12 years, the school 
9district shall provide written notice to the student in a 
10developmentally appropriate manner, and if it is determined to 
11be safe to do so, to the student's parent or guardian. 

12(Source: P.A. 102-466, eff. 7-1-25.)

13 (105 ILCS 5/26A-40)
14 (This Section may contain text from a Public Act with a 
15delayed effective date)
16 Sec. 26A-40. Support and services.
17 (a) To facilitate the full participation of students who 
18are parents, expectant parents, or victims of domestic or 
19sexual violence, each school district must offer provide those 
20students with in-school support services and information 
21regarding nonschool-based support services, and the ability to 
22make up work missed on account of circumstances related to the 
23student's status as a parent, expectant parent, or victim of 
24domestic or sexual violence. Victims of domestic or sexual 
25violence must have access to those supports and services 
 
 
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1regardless of when or where the violence for which they are 
2seeking supports and services occurred. All supports and 
3services must be offered for as long as necessary to maintain 
4the mental and physical well-being and safety of the student. 
5Schools may periodically check on students receiving supports 
6and services to determine whether each support and service 
7continues to be necessary to maintain the mental and physical 
8well-being and safety of the student or whether termination is 
9appropriate. Any services offered under this Article to a 
10student with a disability must not conflict with the student's 
11individualized education plan or a Section 504 plan under the 
12federal Rehabilitation Act of 1973 and the requirements of 
13applicable State or federal law. 
14 (b) Support available Supports provided under subsection 
15(a) shall
include, but are not limited to (i) the provision of

16sufficiently private settings to ensure confidentiality and

17time off from class for meetings with counselors or other

18service providers, (ii) assisting the student with a student

19success plan, (iii) transferring a victim of domestic or

20sexual violence or the student perpetrator to a different

21classroom or school, if available, (iv) changing a seating 
22assignment, (v)
implementing in-school, school grounds, and 
23bus safety
procedures, (vi) honoring court orders, including 
24orders of
protection and no-contact orders to the fullest 
25extent
possible, and (vii) providing any other supports that 
26may
facilitate the full participation in the regular education

 
 
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1program of students who are parents, expectant parents, or

2victims of domestic or sexual violence.
3 (c) If a student who is a parent, expectant parent, or

4victim of domestic or sexual violence is a student at risk of

5academic failure or displays poor academic performance, the

6student or the student's parent or guardian may request that

7the school district provide the student with or refer the

8student to education and support services designed to assist

9the student in meeting State learning standards. A school

10district may either provide education or support services

11directly or may collaborate with public or private State,

12local, or community-based organizations or agencies that

13provide these services. A school district must also inform

14those students about support services of
nonschool-based 
15organizations and agencies from which those
students typically 
16receive services in the community.
17 (d) Any student who is unable, because of circumstances

18related to the student's status as a parent, expectant parent,

19or victim of domestic or sexual violence, to participate in

20classes on a particular day or days or at the particular time

21of day must be excused in accordance with the procedures set 
22forth in this Code.
Upon student or parent or guardian's 
23request, the
teachers and of the school administrative 
24personnel and
officials shall make available to each student 
25who is unable to
participate because of circumstances related 
26to the student's
status as a parent, expectant parent, or 
 
 
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1victim of domestic or
sexual violence a meaningful opportunity 
2to make up any
examination, study, or work requirement that 
3the student has
missed because of the inability to participate 
4on any
particular day or days or at any particular time of day. 
5For a
student receiving homebound instruction, it is the

6responsibility of the student and parent to work with the

7school or school district to meet academic standards for

8matriculation, as defined by school district policy. Costs

9assessed by the school district on the student for

10participation in those activities shall be considered waivable

11fees for any student whose parent or guardian is unable to

12afford them, consistent with Section 10-20.13. Each school

13district must adopt written policies for waiver
of those fees 
14in accordance with rules adopted by the State
Board of 
15Education.
16 (e) If a school or school district employee or agent

17becomes aware of or suspects a student's status as a parent,

18expectant parent, or victim of domestic or sexual violence, it

19is the responsibility of the employee or agent of the school or

20school district to
refer the student to the school district's 
21domestic
or sexual violence and parenting resource personnel 
22set forth
in Section 26A-35 as soon as the domestic or sexual 
23violence and parenting resource personnel is designated or 
24appointed or by June 30, 2024, whichever is sooner. A school 
25district must make respecting a
student's privacy, 
26confidentiality, mental and physical
health, and safety a 
 
 
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1paramount concern.
2 (f) Each school must honor a student's and a parent's or

3guardian's decision to obtain education and support services

4and nonschool-based support services, to
terminate the receipt 
5of those education and support services,
or nonschool-based 
6support services, or to
decline participation in those 
7education and support services,
or nonschool-based support 
8services. No
student is obligated to use education and support 
9services,
or nonschool-based support services. In
developing 
10educational support services, the
privacy, mental and physical 
11health, and safety of the student
shall be of paramount 
12concern. No adverse or prejudicial
effects may result to any 
13student because of the student's
availing of or declining the 
14provisions of this Section as
long as the student is working 
15with the school to meet academic
standards for matriculation 
16as defined by school district
policy.
17 (g) Any support services
must be available in any school 
18or by home
or hospital instruction to the highest quality and 
19fullest
extent possible for the individual setting.
20 (h) School-based counseling
services, if available, must 
21be offered to students
who are parents, expectant parents, or 
22victims of domestic or
sexual violence consistent with the 
23Mental Health and
Developmental Disabilities Code. At least 
24once every school
year, each school district must inform, in 
25writing, all school
personnel and all students 12 years of age 
26or older of the
availability of counseling without parental or 
 
 
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1guardian
consent under Section 3-5A-105 (to be renumbered as 
2Section
3-550 in a revisory bill as of the effective date of 
3this
amendatory Act of the 102nd General Assembly) of the 
4Mental
Health and Developmental Disabilities Code. This 
5information
must also be provided to students immediately 
6after any school
personnel becomes aware that a student is a 
7parent, expectant
parent, or victim of domestic or sexual 
8violence.
9 (i) All domestic or sexual violence organizations and

10their staff and any other nonschool organization and its staff

11shall maintain confidentiality under federal and State
laws 
12and their professional ethics policies regardless of when
or 
13where information, advice, counseling, or any other

14interaction with students takes place. A school or school

15district may not request or require those organizations or

16individuals to breach confidentiality. 

17(Source: P.A. 102-466, eff. 7-1-25.)

18 (105 ILCS 5/26A-45)
19 (This Section may contain text from a Public Act with a 
20delayed effective date)
21 Sec. 26A-45. Verification.
22 (a) For purposes of students asserting their rights under 
23provisions relating to domestic or sexual violence in Sections 
2410-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a 
25school district may require verification of the claim. The 
 
 
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1student or the student's parents or guardians shall choose 
2which form of verification to submit to the school district. A 
3school district may only require one form of verification, 
4unless the student is requesting a transfer to another school, 
5in which case the school district may require 2 forms of 
6verification. All forms of verification received by a school 
7district under this subsection (a) must be kept in a 
8confidential temporary file, in accordance with the Illinois 
9School Student Records Act. Any one of the following shall be 
10an acceptable form of verification of a student's claim of 
11domestic or sexual violence: 
12  (1) A written statement from the student or anyone who 
13 has knowledge of the circumstances that support the 
14 student's claim. This may be in the form of a complaint.
15  (2) A police report, governmental agency record, or 
16 court record.
17  (3) A statement or other documentation from a 
18 qualified employee of a domestic or sexual violence 
19 organization or any other organization from which the 
20 student sought services or advice. For purposes of this 
21 paragraph (3), a qualified employee includes an advocate, 
22 counselor, therapist, supervisor, or executive director 
23 working at a rape crisis organization, as defined in 
24 Section 8-802.1 of the Code of the Civil Procedure, a 
25 domestic violence program, as defined in Section 227 of 
26 the Illinois Domestic Violence Act of 1986, or an 
 
 
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1 accredited children's advocacy center. 
2  (4) Documentation from a lawyer, clergy person, 
3 medical professional, or other professional from whom the 
4 student sought services or advice related to domestic or 
5 sexual violence.
6  (5) Any other evidence, such as physical evidence of 
7 violence, which supports the claim. 
8 (b) A student or a student's parent or guardian who has 
9provided acceptable verification that the student is or has 
10been a victim of domestic or sexual violence may not be 
11required to provide any additional verification if the 
12student's efforts to assert rights under this Code stem from a 
13claim involving the same perpetrator or the same incident of 
14violence. No school or school district shall request or 
15require additional documentation.
16 (c) Except (i) as otherwise permitted or required by State 
17or federal law, including the Abused and Neglected Child 
18Reporting Act, current Title IX regulations prescribed by the 
19U.S. Department of Education, the Illinois School Student 
20Records Act, the federal Family Educational Rights and Privacy 
21Act of 1974, and professional ethics, codes, policies, or 
22standards that govern personnel holding a professional 
23educator license issued by the State Board of Education or 
24other contractual professional staff working with students or 
25(ii) to the extent that an employee or agent of the school 
26district deems it necessary to address an imminent risk of 
 
 
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1serious physical injury or death of a student or another 
2person, including to the victim, in cases of domestic or 
3sexual violence the The person named to be the perpetrator, 
4the
perpetrator's family, or any other person named by the 
5student
or the student's parent or guardian to be unsafe to 
6contact may
not be contacted to verify the violence, except to 
7the extent that the district determines that it has an 
8obligation to do so based on federal or State law or safety 
9concerns for the school community, including such concerns for 
10the victim. Prior to making contact, a school must notify the 
11student and his or his parent or guardian in writing and in a 
12developmentally appropriate manner, and discuss
and address 
13any safety concerns related to making such contact. 

14 If a school district contacts the perpetrator, the 
15perpetrator's family, or any other person named by the student 
16or the student's parent or guardian to be unsafe for any other 
17reason, as required or permitted in this Section, the school 
18district shall provide prior notice to the student in a 
19written and developmentally appropriate manner if the minor is 
2012 years of age or older. For minors under the age of 12 years, 
21the school district must provide prior written notice to the 
22student in a developmentally appropriate manner, and if it is 
23determined to be safe to do so, to the student's parent or 
24guardian. 
25 Notwithstanding any other provision of this subsection to 
26the contrary, prior written notice shall not be required to 
 
 
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1the extent that an employee or agent of the school district 
2deems it necessary to address an imminent risk of serious 
3physical injury or death of the student or another person, 
4including to the victim. If prior written notification is not 
5given, such notification shall be provided as soon as 
6practicable and without delay following the disclosure to the 
7student, and, unless the student is over the age of 18 years, 
8emancipated, or if it is determined to be safe, to the parent 
9or guardian. 
10(Source: P.A. 102-466, eff. 7-1-25.)

11 Section 95. No acceleration or delay. Where this Act makes 
12changes in a statute that is represented in this Act by text 
13that is not yet or no longer in effect (for example, a Section 
14represented by multiple versions), the use of that text does 
15not accelerate or delay the taking effect of (i) the changes 
16made by this Act or (ii) provisions derived from any other 
17Public Act.


18 Section 99. Effective date. This Act takes effect July 1, 
192022, except that the provisions changing Section 26A-30 of 
20the School Code take effect on July 1, 2023.".