105 ILCS 5/26A-40
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 26A - Children and Students Who Are Parents, Expectant Parents, or Victims of Domestic or Sexual Violence

(This Section may contain text from a Public Act with a delayed effective date)Sec. 26A-40. Support and services.(a) To facilitate the full participation of students who are parents, expectant parents, or victims of domestic or sexual violence, each school district must provide those students with in-school support services and information regarding nonschool-based support services, and the ability to make up work missed on account of circumstances related to the student's status as a parent, expectant parent, or victim of domestic or sexual violence. Victims of domestic or sexual violence must have access to those supports and services regardless of when or where the violence for which they are seeking supports and services occurred. All supports and services must be offered for as long as necessary to maintain the mental and physical well-being and safety of the student. Schools may periodically check on students receiving supports and services to determine whether each support and service continues to be necessary to maintain the mental and physical well-being and safety of the student or whether termination is appropriate.(b) Supports provided under subsection (a) shall  include, but are not limited to (i) the provision of  sufficiently private settings to ensure confidentiality and  time off from class for meetings with counselors or other  service providers, (ii) assisting the student with a student  success plan, (iii) transferring a victim of domestic or  sexual violence or the student perpetrator to a different  classroom or school, if available, (iv) changing a seating assignment, (v)implementing in-school, school grounds, and bus safety  procedures, (vi) honoring court orders, including orders of  protection and no-contact orders to the fullest extent  possible, and (vii) providing any other supports that may  facilitate the full participation in the regular education  program of students who are parents, expectant parents, or  victims of domestic or sexual violence.(c) If a student who is a parent, expectant parent, or  victim of domestic or sexual violence is a student at risk of  academic failure or displays poor academic performance, the  student or the student's parent or guardian may request that  the school district provide the student with or refer the  student to education and support services designed to assist  the student in meeting State learning standards. A school  district may either provide education or support services  directly or may collaborate with public or private State,  local, or community-based organizations or agencies that  provide these services. A school district must also inform  those students about support services of  nonschool-based organizations and agencies from which those  students typically receive services in the community.(d) Any student who is unable, because of circumstances  related to the student's status as a parent, expectant parent,  or victim of domestic or sexual violence, to participate in  classes on a particular day or days or at the particular time  of day must be excused in accordance with the procedures set forth in this Code.Upon student or parent or guardian's request, the  teachers and of the school administrative personnel and  officials shall make available to each student who is unable to  participate because of circumstances related to the student's  status as a parent, expectant parent, or victim of domestic or  sexual violence a meaningful opportunity to make up any  examination, study, or work requirement that the student has  missed because of the inability to participate on any  particular day or days or at any particular time of day. For a  student receiving homebound instruction, it is the  responsibility of the student and parent to work with the  school or school district to meet academic standards for  matriculation, as defined by school district policy. Costs  assessed by the school district on the student for  participation in those activities shall be considered waivable  fees for any student whose parent or guardian is unable to  afford them, consistent with Section 10-20.13. Each school  district must adopt written policies for waiver  of those fees in accordance with rules adopted by the State  Board of Education.(e) If a school or school district employee or agent  becomes aware of or suspects a student's status as a parent,  expectant parent, or victim of domestic or sexual violence, it  is the responsibility of the employee or agent of the school or  school district torefer the student to the school district's domestic  or sexual violence and parenting resource personnel set forth  in Section 26A-35. A school district must make respecting a  student's privacy, confidentiality, mental and physical  health, and safety a paramount concern.(f) Each school must honor a student's and a parent's or  guardian's decision to obtain education and support services  and nonschool-based support services, to  terminate the receipt of those education and support services,  or nonschool-based support services, or to  decline participation in those education and support services,  or nonschool-based support services. No  student is obligated to use education and support services,  or nonschool-based support services. In  developing educational support services, the  privacy, mental and physical health, and safety of the student  shall be of paramount concern. No adverse or prejudicial  effects may result to any student because of the student's  availing of or declining the provisions of this Section as  long as the student is working with the school to meet academic  standards for matriculation as defined by school district  policy.(g) Any support services  must be available in any school or by home  or hospital instruction to the highest quality and fullest  extent possible for the individual setting.(h) School-based counseling  services, if available, must be  offered to students  who are parents, expectant parents, or victims of domestic or  sexual violence consistent with the Mental Health and  Developmental Disabilities Code. At least once every school  year, each school district must inform, in writing, all school  personnel and all students 12 years of age or older of the  availability of counseling without parental or guardian  consent under Section 3-5A-105 (to be renumbered as Section  3-550 in a revisory bill as of the effective date of this  amendatory Act of the 102nd General Assembly) of the Mental  Health and Developmental Disabilities Code. This information  must also be provided to students immediately after any school  personnel becomes aware that a student is a parent, expectant  parent, or victim of domestic or sexual violence.(i) All domestic or sexual violence organizations and  their staff and any other nonschool organization and its staff  shall maintain confidentiality under federal and State  laws and their professional ethics policies regardless of when  or where information, advice, counseling, or any other  interaction with students takes place. A school or school  district may not request or require those organizations or    individuals to breach confidentiality.   (Source: P.A. 102-466, eff. 7-1-25.)