2023 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

(105 ILCS 5/Art. 26A heading)
ARTICLE 26A.  CHILDREN AND STUDENTS WHO ARE PARENTS,
EXPECTANT PARENTS, OR VICTIMS OF
DOMESTIC OR SEXUAL VIOLENCE
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-1)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-1. Scope of Article. This Article applies to all school districts and schools governed by this Code, including schools operating under Article 13, 13A, 13B, 27A, 32, 33, or 34. However, this Article does not apply to the Department of Juvenile Justice School District.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-5)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-5. Purpose. The purpose of this Article is to ensure that Illinois schools have policies, procedures, or both, in place that  enable children and students who are parents, expectant parents, or victims of domestic or sexual violence  to be identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related services necessary to enable them to meet State educational standards and successfully attain a school diploma. This Article shall be interpreted liberally to aid in this purpose. Nothing in this Article precludes or may be used to preclude a mandated reporter from reporting child abuse or child neglect as required under the Abused and Neglected Child Reporting Act.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-10)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-10. Definitions. In this Article:
"Confidential" means information or facts expected and intended to be kept private or protected by an existing privilege in the Code of Civil Procedure. Confidential information may be disclosed by a school or school district if such disclosure is required by State or federal law or is necessary to complete proceedings relevant to this Article. Designation of student information as confidential applies to the school and school district and does not limit a student's right to speak about the student's experiences.
"Consent" includes, at a minimum, a recognition that (i) consent is a freely given agreement to sexual activity, (ii) an individual's lack of verbal or physical resistance or submission resulting from the use of threat of force does not constitute consent, (iii) an individual's manner of dress does not constitute consent, (iv) an individual's consent to past sexual activity does not constitute consent to future sexual activity, (v) an individual's consent to engage in one type of sexual activity with one person does not constitute consent to engage in any other type of sexual activity or sexual activity with another person, (vi) an individual can withdraw consent at any time, and (vii) an individual cannot consent to sexual activity if that individual is unable to understand the nature of the activity or give knowing consent due to the circumstances that include, but are not limited to, all the following:
(1) The individual is incapacitated due to the use or     influence of alcohol or drugs.
(2) The individual is asleep or unconscious.
(3) The individual is under the age of consent.
(4) The individual is incapacitated due to a mental     disability.
"Domestic or sexual violence" means domestic violence, gender-based harassment, sexual activity without consent, sexual assault, sexual violence, or stalking. Domestic or sexual violence may occur through electronic communication. Domestic or sexual violence exists regardless of when or where the violence occurred, whether or not the violence is the subject of a criminal investigation or the perpetrator has been criminally charged or convicted of a crime, whether or not an order of protection or a no-contact order is pending before or has been issued by a court, or whether or not any domestic or sexual violence took place on school grounds, during regular school hours, or during a school-sponsored event.
"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or advocates for those victims, including an organization carrying out a domestic or sexual violence program, an organization operating a shelter or a rape crisis center or providing counseling services, an accredited children's advocacy center, an organization that provides services to or advocates on behalf of children and students who are gay, lesbian, bisexual, transgender, or gender nonconforming, an organization that provides services to or advocates on behalf of children and students who are parents or expectant parents, or an organization seeking to eliminate domestic or sexual violence or to address the consequences of that violence for its victims through legislative advocacy or policy change, public education, or service collaboration.
"Domestic violence" means abuse, as defined in the Illinois Domestic Violence Act of 1986, by  family or household members, as defined in the Illinois Domestic Violence Act of 1986.
"Electronic communication" includes communications via telephone, mobile phone, computer, email, video recorder, fax machine, telex, pager, apps or applications, or any other electronic communication or cyberstalking under Section 12-7.5 of the Criminal Code of 2012.
"Expectant parent" means a student who (i) is pregnant and (ii) has not yet received a diploma for completion of a secondary education, as defined in Section 22-22.
"Gender-based harassment" means any harassment or discrimination on the basis of an individual's actual or perceived sex or gender, including unwelcome sexual advances, requests for sexual favors, other verbal or physical conduct of a sexual nature, or unwelcome conduct, including verbal, nonverbal, or physical conduct that is not sexual in nature but is related to a student's status as a parent, expectant parent, or victim of domestic or sexual violence.
"Harassment" means any unwelcome conduct on the basis of a student's actual or perceived race, gender, color, religion, national origin, ancestry, sex, marital status, order of protection status, disability, sexual orientation, gender identity, pregnancy, or citizenship status that has the purpose or effect of substantially interfering with the individual's academic performance or creating an intimidating, hostile, or offensive learning environment.
"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence. The term "perpetrator" must be used with caution when applied to children, particularly young children.
"Poor academic performance" means a student who has (i) scored in the 50th percentile or below on a school district-administered standardized test, (ii) received a score on a State assessment that does not meet standards in one or more of the fundamental learning areas under Section 27-1, as applicable for the student's grade level, or (iii) not met grade-level expectations on a school district-designated assessment.
"Representative" means an adult who is authorized to act on behalf of a student during a proceeding, including an attorney, parent, or guardian.
"School" means a school district or school governed by this Code, including a school operating under Article 13, 13A, 13B, 27A, 32, 33, or 34, other than the Department of Juvenile Justice School District. "School" includes any other entity responsible for administering public schools, such as cooperatives, joint agreements, charter schools, special charter districts, regional offices of education, local agencies, or the Department of Human Services, and nonpublic schools recognized by the State Board of Education.
"Sexual activity" means any knowingly touching or fondling by one person, either directly or through clothing, of the sex organs, anus, mouth, or breast of another person for the purpose of sexual gratification or arousal.
"Sexual assault" or "sexual violence" means any conduct of an adult or minor child proscribed in Article 11 of the Criminal Code of 2012, except for Sections 11-35, 11-40, and 11-45 of the Criminal Code of 2012, including conduct committed by a perpetrator who is a stranger to the victim and conduct by a perpetrator who is known or related by blood or marriage to the victim.
"Stalking" means any conduct proscribed in Section 12-7.3, 12-7.4, or 12-7.5 of the Criminal Code of 2012, including stalking committed by a perpetrator who is a  stranger to the victim and stalking committed by a perpetrator who is known or related by blood or marriage to the victim.
"Student" or "pupil" means any child who has not yet received a diploma for completion of a secondary education. "Student" includes, but is not limited to, an unaccompanied minor not in the physical custody of a parent or guardian.
"Student at risk of academic failure" means a student who is at risk of failing to meet the Illinois Learning Standards or failing to graduate from elementary or high school and who demonstrates a need for educational support or social services beyond those provided by the regular school program.
"Student parent" means a student who is a custodial or noncustodial parent taking an active role in the care and supervision of a child and who has not yet received a diploma for completion of a secondary education.
"Support person" means any person whom the victim has chosen to include in proceedings for emotional support or safety. A support person does not participate in proceedings but is permitted to observe and support the victim with parent or guardian approval. "Support person" may include, but is not limited to, an advocate, clergy, a counselor, and a parent or guardian. If a student is age 18 years or older, the student has the right to choose a support person without parent or guardian approval.
"Survivor-centered" means a systematic focus on the needs and concerns of a survivor of sexual violence, domestic violence, dating violence, or stalking that (i) ensures the compassionate and sensitive delivery of services in a nonjudgmental manner, (ii) ensures an understanding of how trauma affects survivor behavior, (iii) maintains survivor safety, privacy, and, if possible, confidentiality, and (iv) recognizes that a survivor is not responsible for the sexual violence, domestic violence, dating violence, or stalking.
"Trauma-informed response" means a response involving an understanding of the complexities of sexual violence, domestic violence, dating violence, or stalking through training centered on the neurobiological impact of trauma, the influence of societal myths and stereotypes surrounding sexual violence, domestic violence, dating violence, or stalking, and understanding the behavior of perpetrators.
"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-15)
(Section scheduled to be repealed on December 1, 2025)
Sec. 26A-15. Ensuring Success in School Task Force.
(a) The Ensuring Success in School Task Force is created to draft and publish model policies and intergovernmental agreements for inter-district transfers; draft and publish model complaint resolution procedures as required in subsection (c) of Section 26A-25; identify current mandatory educator and staff training and additional new trainings needed to meet the requirements as required in Section 26A-25 and Section 26A-35. These recommended policies and agreements shall be survivor-centered and rooted in trauma-informed responses and used to support all students, from pre-kindergarten through grade 12, who are survivors of domestic or sexual violence, regardless of whether the perpetrator is school-related or not, or who are parenting or pregnant, regardless of whether the school is a public school, nonpublic school, or charter school.
(b) The Task Force shall be representative of the geographic, racial, ethnic, sexual orientation, gender identity, and cultural diversity of this State. The Task Force shall consist of all of the following members, who must be appointed no later than 60 days after the effective date of this amendatory Act of the 102nd General Assembly:
(1) One Representative appointed by the Speaker of     the House of Representatives.
(2) One Representative appointed by the Minority     Leader of the House of Representatives.
(3) One Senator appointed by the President of the     Senate.
(4) One Senator appointed by the Minority Leader of     the Senate.
(5) One member who represents a State-based     organization that advocates for lesbian, gay, bisexual, transgender, and queer people appointed by the State Superintendent of Education.
(6) One member who represents a State-based,     nonprofit, nongovernmental organization that advocates for survivors of domestic violence appointed by the State Superintendent of Education.
(7) One member who represents a statewide, nonprofit,     nongovernmental organization that advocates for survivors of sexual violence appointed by the State Superintendent of Education.
(8) One member who represents a statewide, nonprofit,     nongovernmental organization that offers free legal services, including victim's rights representation, to survivors of domestic violence or sexual violence appointed by the State Superintendent of Education.
(9) One member who represents an organization that     advocates for pregnant or parenting youth appointed by the State Superintendent of Education.
(10) One member who represents a youth-led     organization with expertise in domestic and sexual violence appointed by the State Superintendent of Education.
(11) One member who represents the Children's     Advocacy Centers of Illinois appointed by the State Superintendent of Education.
(12) One representative of the State Board of     Education appointed by the State Superintendent of Education.
(13) One member who represents a statewide     organization of social workers appointed by the State Superintendent of Education.
(14) One member who represents a statewide     organization for school psychologists appointed by the State Superintendent of Education.
(15) One member who represents a statewide     organization of school counselors appointed by the State Superintendent of Education.
(16) One member who represents a statewide     professional teachers' organization appointed by the State Superintendent of Education.
(17) One member who represents a different statewide     professional teachers' organization appointed by the State Superintendent of Education.
(18) One member who represents a statewide     organization for school boards appointed by the State Superintendent of Education.
(19) One member who represents a statewide     organization for school principals appointed by the State Superintendent of Education.
(20) One member who represents a school district     organized under Article 34 appointed by the State Superintendent of Education.
(21)   One member who represents an association     representing rural school superintendents appointed by the State Superintendent of Education.
(c) The Task Force shall first meet at the call of the State Superintendent of Education, and each subsequent meeting shall be called by the chairperson, who shall be designated by the State Superintendent of Education. The State Board of Education shall provide administrative and other support to the Task Force. Members of the Task Force shall serve without compensation.
(d) On or before June 30, 2024, the Task Force shall report its work, including model policies, guidance recommendations, and agreements, to the Governor and the General Assembly. The report must include all of the following:
(1) Model school and district policies to facilitate     inter-district transfers for student survivors of domestic or sexual violence, expectant parents, and parents. These policies shall place high value on being accessible and expeditious for student survivors and pregnant and parenting students.
(2) Model school and district policies to ensure     confidentiality and privacy considerations for student survivors of domestic or sexual violence, expectant parents, and parents. These policies must include guidance regarding appropriate referrals for nonschool-based services.
(3) Model school and district complaint resolution     procedures as prescribed by Section 26A-25.
(4) Guidance for schools and districts regarding     which mandatory training that is currently required for educator licenses or under State or federal law would be suitable to fulfill training requirements for resource personnel as prescribed by Section 26A-35 and for the staff tasked with implementing the complaint resolution procedure as prescribed by Section 26A-25. The guidance shall evaluate all relevant mandatory or recommended training, including, but not limited to, the training required under subsection (j) of Section 4 of the Abused and Neglected Child Reporting Act, Sections 3-11, 10-23.12, 10-23.13, and 27-23.7 of this Code, and subsections (d) and (f) of Section 10-22.39 of this Code. The guidance must also identify what gaps in training exist, including, but not limited to, training on trauma-informed responses and racial and gender equity, and make recommendations for future training programs that should be required or recommended for the positions as prescribed by Sections 26A-25 and 26A-35.
(e) The Task Force is dissolved upon submission of its report under subsection (d).
(f) This Section is repealed on December 1, 2025.
(Source: P.A. 102-466, eff. 5-20-22 (see Section 5 of P.A. 102-894 for effective date of P.A. 102-466).)
(105 ILCS 5/26A-20)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-20. Review and revision of policies and procedures.
(a) No later than July 1, 2024 and every 2 years thereafter, each school district must review all existing policies and procedures and must revise any existing policies and procedures that may act as a barrier to the immediate enrollment and re-enrollment, attendance, graduation, and success in school of any student who is a student parent, expectant student parent, or victim of domestic or sexual violence or any policies or procedures that may compromise a criminal investigation relating to domestic or sexual violence or may re-victimize students. A school district must adopt new policies and procedures, as needed, to implement this Section and to ensure that immediate and effective steps are taken to respond to students who are student parents, expectant parents, or victims of domestic or sexual violence.
(b) A school district's policy must be consistent with the model policy and procedures adopted by the State Board of Education and under Public Act 101-531.
(c) A school district's policy on the procedures that a student or his or her parent or guardian may follow if he or she chooses to report an incident of alleged domestic or sexual violence must, at a minimum, include all of the following:
(1) The name and contact information for domestic or     sexual violence and parenting resource personnel, the Title IX coordinator, school and school district resource officers or security, and a community-based domestic or sexual violence organization.
(2) The name, title, and contact information for     confidential resources and a description of what confidential reporting means.
(3) An option for the student or the student's parent     or guardian to electronically, anonymously, and confidentially report the incident.
(4) An option for reports by third parties and     bystanders.
(5) Information regarding the various individuals,     departments, or organizations to whom a student may report an incident of domestic or sexual violence, specifying for each individual or entity (i) the extent of the individual's or entity's reporting obligation to the school's or school district's administration, Title IX coordinator, or other personnel or entity, (ii) the individual's or entity's ability to protect the student's privacy, and (iii) the extent of the individual's or entity's ability to have confidential communications with the student or his or her parent or guardian.
(6) The adoption of a complaint resolution procedure     as provided in Section 26A-25.
(d) A school district must post its revised policies and procedures on its website, distribute them at the beginning of each school year to each student, and make copies available to each student and his or her parent or guardian for inspection and copying at no cost to the student or parent or guardian at each school within a school district.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-25)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-25. Complaint resolution procedure.
(a) On or before July 1, 2024, each school district must adopt one procedure to resolve complaints of violations of this amendatory Act of the 102nd General Assembly. The respondent must be one or more of the following: the school, school district, or school personnel. These procedures shall comply with the confidentiality provisions of Sections 26A-20 and 26A-30. The procedures must include, at minimum, all of the following:
(1) The opportunity to consider the most appropriate     means to execute the procedure considering school safety, the developmental level of students, methods to reduce trauma during the procedure, and how to avoid multiple communications with students involved with an alleged incident of domestic or sexual violence.
(2) Any proceeding, meeting, or hearing held to     resolve complaints of any violation of this amendatory Act of the 102nd General Assembly must protect the privacy of the participating parties and witnesses. A school, school district, or school personnel may not disclose the identity of parties or witnesses, except as necessary to resolve the complaint or to implement interim protective measures and reasonable support services or when required by State or federal law.
(3) Complainants alleging violations of this     amendatory Act of the 102nd General Assembly must have the opportunity to request that the complaint resolution procedure begin promptly and proceed in a timely manner.
(b) A school district must determine the individuals who will resolve complaints of violations of this amendatory Act of the 102nd General Assembly.
(1) All individuals whose duties include resolution     of complaints of violations of this amendatory Act of the 102nd General Assembly must complete a minimum of 8 hours of training on issues related to domestic and sexual violence and how to conduct the school's complaint resolution procedure, which may include the in-service training required under subsection (d) of Section 10-22.39, before commencement of those duties, and must receive a minimum of 6 hours of such training annually thereafter. This training must be conducted by an individual or individuals with expertise in domestic or sexual violence in youth and expertise in developmentally appropriate communications with elementary and secondary school students regarding topics of a sexual, violent, or sensitive nature.
(2) Each school must have a sufficient number of     individuals trained to resolve complaints so that (i) a substitution can occur in the case of a conflict of interest or recusal, (ii) an individual with no prior involvement in the initial determination or finding may hear any appeal brought by a party, and (iii) the complaint resolution procedure proceeds in a timely manner.
(3) The complainant and any witnesses shall (i)     receive notice of the name of the individual with authority to make a finding or approve an accommodation in the proceeding before the individual may initiate contact with the complainant and any witnesses and (ii) have the opportunity to request a substitution if the participation of an individual with authority to make a finding or approve an accommodation poses a conflict of interest.
(c) When the alleged violation of this amendatory Act of the 102nd General Assembly involves making a determination or finding of responsibility of causing harm:
(1) The individual making the finding must use a     preponderance of evidence standard to determine whether the incident occurred.
(2) The complainant and respondent and any witnesses     may not directly or through a representative question one another. At the discretion of the individual resolving the complaint, the complainant and the respondent may suggest questions to be posed by the individual resolving the complaint and if the individual resolving the complaint decides to pose such questions.
(3) A live hearing is not required. If the complaint     resolution procedure includes a hearing, no student who is a witness, including the complainant, may be compelled to testify in the presence of a party or other witness. If a witness invokes this right to testify outside the presence of the other party or other witnesses, then the school district must provide an option by which each party may, at a minimum, hear such witnesses' testimony.
(d) Each party and witness may request and must be allowed to have a representative or support persons of their choice accompany them to any meeting or proceeding related to the alleged violence or violation of this amendatory Act of the 102nd General Assembly if the involvement of the representative or support persons does not result in undue delay of the meeting or proceeding. This representative or support persons must comply with any rules of the school district's complaint resolution procedure. If the representative or support persons violate the rules or engage in behavior or advocacy that harasses, abuses, or intimidates either part, a witness, or an individual resolving the complaint, the representative or support person may be prohibited from further participation in the meeting or proceeding.
(e)  The complainant, regardless of the level of involvement in the complaint resolution procedure, and the respondent must have the opportunity to provide or present evidence and witnesses on their behalf during the complaint resolution procedure.
(f) The complainant and respondent and any named perpetrator directly impacted by the results of the complaint resolution procedure, are entitled to simultaneous written notification of the results of the complaint resolution procedure, including information regarding appeals rights and procedures, within 10 business days after a decision or sooner if required by State or federal law or district policy.
(1) The complainant, respondents, and named     perpetrator if directly impacted by the results of the complaint resolution procedure must, at a minimum, have the right to timely appeal the complaint resolution procedure's findings or remedies if a party alleges (i) a procedural error occurred, (ii) new information exists that would substantially change the outcome of the proceeding, (iii) the remedy is not sufficiently related to the finding, or (iv) the decision is against the weight of the evidence.
(2) An individual reviewing the findings or remedies     may not have previously participated in the complaint resolution procedure and may not have a conflict of interest with either party.
(3) The complainant and respondent and any     perpetrators directly impacted by the results of the complaint resolution procedure must receive the appeal decision, in writing, within 10 business days, but never more than 15 business days, after the conclusion of the review of findings or remedies or sooner if required by State or federal law.
(g) Each school district must have a procedure to determine interim protective measures and support services available pending the resolution of the complaint including the implementation of court orders.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-30)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-30. Confidentiality.
(a) Each school district must adopt and ensure that it has and implements a policy
to ensure that all information concerning a
student's status and related experiences as a parent, expectant parent, or victim of domestic or sexual violence, or a student who is a named perpetrator of domestic or sexual violence, provided to or otherwise obtained by the school district or its employees or agents pursuant to this Code or otherwise, including a statement of the student or any other documentation, record, or corroborating evidence that the student has requested or obtained assistance, support, or services pursuant to this Code, shall be retained in the strictest of confidence by the school district or its employees or agents and may not be disclosed to any other individual outside of the district, including any other employee, except if such disclosure is (i)  permitted by the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, or other applicable State or federal laws, or (ii) requested or consented to, in writing, by the student or the student's parent or guardian if it is safe to obtain written consent from the student's parent or guardian.
(b) Prior to disclosing information about a student's status as a parent, expectant parent, or victim of domestic or sexual violence, a school must notify the student and discuss and address any safety concerns related to the disclosure, including instances in which the student indicates or the
school or school district or its employees or agents are otherwise aware that the student's health or safety may be at risk if his or her status is disclosed to the student's parent or guardian, except as otherwise permitted by applicable State or federal law, including the Abused and Neglected Child Reporting Act, the Illinois School Student Records Act, the federal Family Educational Rights and Privacy Act of 1974, and professional ethics policies that govern professional school personnel.
(c) No student may be required to testify publicly concerning his or her status as a victim of domestic or sexual violence, allegations of domestic or sexual violence, his or her status as a parent or expectant parent, or the student's efforts to enforce any of his or her rights under provisions of this Code relating to students who are parents, expectant
parents, or victims of domestic or sexual violence.
(d) In the case of domestic or sexual violence, except as permitted under State or federal law, or to the extent that a school official determines that the school official has an obligation to do so based on safety concerns or threats to the community, including the victim, a school district must not contact the person named to be the perpetrator, the perpetrator's family, or any other person named by the student or named by the student's parent or guardian to be unsafe to contact to verify the violence. A school district must not contact the perpetrator, the perpetrator's family, or any
other person named by the student or the student's parent or guardian to be unsafe for any other reason without providing prior written  notice to the student's parent or guardian. Nothing in this Section prohibits the school or school district from taking other steps to investigate the violence or from contacting persons not named by the student or the student's parent or guardian as unsafe to contact. Nothing in this Section prohibits the school or school district from taking reasonable steps to protect students. If the reasonable steps taken to protect students involve conduct that is prohibited under this subsection, the school must provide notice to the reporting student, in writing and   in  a developmentally appropriate communication format, of its intent to contact the parties named to be unsafe.
(e)   This Section shall not apply to notification of parents or guardians if the perpetrator of the alleged sexual misconduct is an employee, agent, or contractor of a school district, charter school, or nonpublic school with direct contact with children or students.
(Source: P.A. 102-466, eff. 7-1-25; 102-702, eff. 7-1-23.)
(105 ILCS 5/26A-35)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-35. Domestic or sexual violence and parenting resource personnel.
(a) Each school district shall designate or appoint at least one staff person at each school in the district who is employed at least part time at the school and who is a school social worker, school psychologist, school counselor, school nurse, or school administrator trained to address, in a survivor-centered, trauma responsive, culturally responsive, confidential, and sensitive manner, the needs of students who are parents, expectant parents, or victims of domestic or sexual violence. The designated or appointed staff person must have all of the following duties:
(1) To connect students who are parents, expectant     parents, or victims of domestic or sexual violence to appropriate in-school services or other agencies, programs, or services as needed.
(2) To coordinate the implementation of the school's     and school district's policies, procedures, and protocols in cases involving student allegations of domestic or sexual violence.
(3) To coordinate the implementation of the school's     and school district's policies and procedures as set forth in provisions of this Code concerning students who are parents, expectant parents, or victims of domestic or sexual violence.
(4) To assist students described in paragraph (1) in     their efforts to exercise and preserve their rights as set forth in provisions of this Code concerning students who are parents, expectant parents, or victims of domestic or sexual violence.
(5) To assist in providing staff development to     establish a positive and sensitive learning environment for students described in paragraph (1).
(b) A member of staff who is designated or appointed under subsection (a) must (i) be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence, including the theories and dynamics of domestic and sexual violence, the necessity for confidentiality and the law, policy, procedures, and protocols implementing confidentiality, and the notification of the student's parent or guardian regarding the student's status as a parent, expectant parent, or victim of domestic or sexual violence or the enforcement of the student's rights under this Code if the notice of the student's status or the involvement of the student's parent or guardian may put the health or safety of the student at risk, including the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code, or (ii) at a minimum, have participated in an in-service training program under subsection (d) of Section 10-22.39 that includes training on the rights of minors to consent to counseling services and psychotherapy under the Mental Health and Developmental Disabilities Code within 12 months prior to his or her designation or appointment.
(c) A school district must designate or appoint and train all domestic or sexual violence and parenting resource personnel, and the personnel must assist in implementing the duties as described in this Section no later than June 30, 2024, except in those school districts in which there exists a collective bargaining agreement on the effective date of this amendatory Act of the 102nd General Assembly and the implementation of this Section would be a violation of that collective bargaining agreement. If implementation of some activities required under this Section is prevented by an existing collective bargaining agreement, a school district must comply with this Section to the fullest extent allowed by the existing collective bargaining agreement no later than June 30, 2024. In those instances in which a collective bargaining agreement that either fully or partially prevents full implementation of this Section expires after June 30, 2024, a school district must designate or appoint and train all domestic and sexual violence and parenting resource personnel, who shall implement the duties described in this Section no later than the effective date of the new collective bargaining agreement that immediately succeeds the collective bargaining agreement in effect on the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-40)
(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 to
refer 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.)
(105 ILCS 5/26A-45)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-45. Verification.
(a) For purposes of students asserting their rights under provisions relating to domestic or sexual violence in Sections 10-21.3a, 10-22.6, 10-22.6a, 26-2a, 26A-40, and 34-18.24, a school district may require verification of the claim. The student or the student's parents or guardians shall choose which form of verification to submit to the school district. A school district may only require one form of verification, unless the student is requesting a transfer to another school, in which case the school district may require 2 forms of verification. All forms of verification received by a school district under this subsection (a) must be kept in a confidential temporary file, in accordance with the Illinois School Student Records Act. Any one of the following shall be an acceptable form of verification of a student's claim of domestic or sexual violence:
(1) A written statement from the student or anyone     who has knowledge of the circumstances that support the student's claim. This may be in the form of a complaint.
(2) A police report, governmental agency record, or     court record.
(3) A statement or other documentation from a     domestic or sexual violence organization or any other organization from which the student sought services or advice.
(4) Documentation from a lawyer, clergy person,     medical professional, or other professional from whom the student sought services or advice related to domestic or sexual violence.
(5) Any other evidence, such as physical evidence of     violence, which supports the claim.
(b) A student or a student's parent or guardian who has provided acceptable verification that the student is or has been a victim of domestic or sexual violence may not be required to provide any additional verification if the student's efforts to assert rights under this Code stem from a claim involving the same perpetrator or the same incident of violence. No school or school district shall request or require additional documentation.
(c) The person named to be the perpetrator, the
perpetrator's family, or any other person named by the student
or the student's parent or guardian to be unsafe to contact may
not be contacted to verify the violence, except to the extent that the district determines that it has an obligation to do so based on federal or State law or safety concerns for the school community, including such concerns for the victim.  Prior to making contact, a school must notify the student and his or his parent or guardian in writing and in a developmentally appropriate manner, and discuss
and address any safety concerns related to making such contact.
(Source: P.A. 102-466, eff. 7-1-25.)
(105 ILCS 5/26A-50)
(This Section may contain text from a Public Act with a delayed effective date)
Sec. 26A-50. Prohibited practices. No school or school
district may take any adverse action against a student who is a
parent, expectant parent, or victim of domestic or sexual
violence because the student or his or her parent or guardian
(i) exercises or attempts to exercise his or her rights under
this amendatory Act of the 102nd General Assembly, (ii)
opposes practices that the student or his or her parent or
guardian believes to be in violation of this amendatory Act of
the 102nd General Assembly, or (iii) supports the exercise of
the rights of another under this amendatory Act of the 102nd
General Assembly. Exercising rights under this amendatory Act of the 102nd
General Assembly
includes, but is not limited to,
filing  a complaint with the school district as set forth in this Code

or in any manner requesting, availing
himself or herself of, or declining any of the provisions of
this Code, including,
but not limited to, supports and services.
(Source: P.A. 102-466, eff. 7-1-25.)