HB 3223 Illinois House · 102nd Regular Session

SCHOOL STUDENT-PARENT/VICTIM

Summary
Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes other changes. Effective July 1, 2022. House Floor Amendment No. 1 Deletes reference to: 105 ILCS 5/26A-55 new Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that 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 within 10 business days (instead of 7 calendar days) after a decision or sooner if required by State or federal law or district policy. Provides that 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 in no case more than 15 business days (rather than within 7 calendar days but in no case more than 14 calendar days) after the conclusion of the review of findings or remedies or sooner if required by State or federal law. Removes a provision concerning enforcement; makes corresponding changes. Corrects typographical errors. Effective July 1, 2022. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment 1 with the following change. Adds one member who represents an association representing rural school superintendents to the Ensuring Success in School Task Force. Effective July 1, 2022. Fiscal Note, House Floor Amendment No. 1 (IL State Board of Education) As amended by HA 1, HB 3223 will have a fiscal impact of$139,652.04 annually to the State Board of Education. The amendment will have an unknown fiscal impact on school districts_ State Mandates Fiscal Note, House Floor Amendment No. 1 (Dept. of Commerce & Economic Opportunity) This bill does not create a State Mandate. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the School Code and the Illinois School Student Records Act. In provisions concerning the suspension or expulsion of a pupil, adds references to guardians (rather than just parents). Provides that a student may disclose mitigating factors, such as the student's status as a parent, expectant parent, or victim of domestic or sexual violence, in suspension or expulsion hearings. Sets forth provisions concerning suspension and expulsion hearings. Provides that home instruction or correspondence courses must be made available to students who are unable to attend school because of pregnancy-related conditions, parenting obligations related to the health of a child, or health and safety concerns arising from domestic or sexual violence. Includes attendance at a medical or therapeutic appointment and appointments with a victim services provider as a valid cause for absence from school. Adds provisions to the Code concerning children and students who are parents, expectant parents, or victims of domestic or sexual violence, the purpose of which is to ensure that Illinois schools have policies, procedures, and protocols in place that ensure children and students who are parents, expectant parents, or victims of domestic or sexual violence are identified by schools in a manner respectful of their privacy and safety, treated with dignity and regard, and provided the protection, instruction, and related accommodations and services necessary to enable them to meet State educational standards and successfully attain a school diploma. Creates the Ensuring Success in School Task Force. Sets forth provisions concerning complaint resolution procedures and confidentiality. Makes changes to the Chicago School District Article of the School Code concerning the transfer of students. Amends the State Mandates Act to require implementation without reimbursement. Makes a conforming change to the Charter Schools Law. Makes other changes. Effective July 1, 2023. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the contents of the engrossed bill as amended by Senate Amendment No. 1 with the following changes. Repeals the Section concerning the Ensuring Success in School Task Force on December 1, 2025 (instead of December 1, 2023). Amends the provisions concerning confidentiality. Requires each school district to adopt and ensure that the school has and implements a confidentiality policy regarding students. Provides that information about a student concerning whether the student has obtained assistance, support, or services (rather than only assistance or services) must be kept in strictest of confidence, except if the disclosure is permitted under (rather than in conflict with) certain State or federal laws or consented to in writing by the student or the student's parent or guardian. Provides that information about students may not be disclosed to any other individual outside of the district (rather than may not be disclosed to any other individual). With regard to domestic or sexual violence, provides that except as permitted (rather than except as required) under State or federal law, a school official may contact (instead of must not contact) the person named to be the perpetrator if the 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. Provides that a school district must not contact a person named by a student or the student's parent or guardian without providing prior written notice to the student or the student's parent or guardian (rather than without obtaining written permission from the student or the student's parent or guardian). Removes provisions requiring a school district to comply with the confidentiality provisions no later than July 1, 2024. Effective July 1, 2025.
Bill status signed all 5 stages cleared
Introduction
Apr 2021
Committee Review
May 2021
House Passage
May 2021
Senate Passage
May 2021
Signed into Law
Aug 2021
Introduced Apr 23, 2021 Signed Aug 20, 2021
Floor votes · Senate May 28, 2021 · House Apr 22, 2021

How they voted

3016
Passed
Total votes 46
May 28, 2021
D Democratic29
29 Yea
100% Yea
R Republican17
1 Yea 16 Nay
94% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
100
Key actions
19
Committee
20
Amendments
8
Aug 20, 2021
Signed into law
Governor Approved
lower
May 31, 2021
Lower · Passed
Passed Both Houses
lower
May 31, 2021
Lower · Passed
Senate Committee Amendment No. 2 House Concurs 086-032-000
lower
May 31, 2021
Lower · Passed
Senate Committee Amendment No. 1 House Concurs 086-032-000
lower
May 30, 2021
Lower · Passed
Senate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 014-009-000
lower
May 30, 2021
Lower · Passed
Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 014-009-000
lower
May 30, 2021
Committee
Senate Committee Amendment No. 2 Motion to Concur Rules Referred to Elementary & Secondary Education: School Curriculum & Policies Committee
lower
May 30, 2021
Committee
Senate Committee Amendment No. 1 Motion to Concur Rules Referred to Elementary & Secondary Education: School Curriculum & Policies Committee
lower
May 29, 2021
Committee
Senate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
lower
May 29, 2021
Lower · Passed
Senate Committee Amendment No. 2 Motion Filed Concur Rep. Anna Moeller
lower
May 29, 2021
Committee
Senate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
lower
May 29, 2021
Lower · Passed
Senate Committee Amendment No. 1 Motion Filed Concur Rep. Anna Moeller
lower
May 28, 2021
Introduced
Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2
lower
May 28, 2021
Introduced
Arrived in House
lower
May 28, 2021
Upper · Passed
Third Reading - Passed; 042-017-000
upper
May 19, 2021
Upper · Passed
Do Pass as Amended Education; 009-004-000
upper
May 18, 2021
Upper · Passed
Senate Committee Amendment No. 2 Adopted
upper
May 18, 2021
Upper · Passed
Senate Committee Amendment No. 1 Adopted
upper
May 18, 2021
Upper · Passed
Senate Committee Amendment No. 2 Assignments Refers to Education
upper
May 17, 2021
Upper · Passed
Senate Committee Amendment No. 1 Assignments Refers to Education
upper
May 17, 2021
Committee
Senate Committee Amendment No. 2 Referred to Assignments
upper
May 17, 2021
Introduced
Senate Committee Amendment No. 2 Filed with Secretary by Sen. Kimberly A. Lightford
upper
May 14, 2021
Committee
Senate Committee Amendment No. 1 Referred to Assignments
upper
May 14, 2021
Introduced
Senate Committee Amendment No. 1 Filed with Secretary by Sen. Kimberly A. Lightford
upper
May 11, 2021
Committee
Assigned to Education
upper
Apr 23, 2021
Committee
Referred to Assignments
upper
Apr 23, 2021
Introduced
Arrive in Senate
upper
Apr 22, 2021
Lower · Passed
Third Reading - Short Debate - Passed 088-027-000
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 2 Adopted
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 1 Adopted
lower
Apr 21, 2021
Lower · Passed
House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 005-000-000
lower
Apr 20, 2021
Committee
House Floor Amendment No. 2 Referred to Rules Committee
lower
Apr 20, 2021
Introduced
House Floor Amendment No. 2 Filed with Clerk by Rep. Anna Moeller
lower
Apr 15, 2021
Lower · Passed
House Floor Amendment No. 1 Recommends Be Adopted Elementary & Secondary Education: School Curriculum & Policies Committee; 014-009-000
lower
2 primary · 65 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Anna Moeller
Anna Moeller
DDemocratic
IL
43
P
Photo of Kimberly Lightford
Kimberly Lightford
DDemocratic
IL
4
Co
AO
Aarón Ortíz
DDemocratic
IL
1
Co
Photo of Adriane Johnson
Adriane Johnson
DDemocratic
IL
30
Co
Photo of Angie Guerrero-Cuellar
Angie Guerrero-Cuellar
DDemocratic
IL
22
Co
Photo of Ann Gillespie
Ann Gillespie
DDemocratic
IL
27
Co
Photo of Anne Stava
Anne Stava
DDemocratic
IL
81
Co
Photo of Barbara Hernandez
Barbara Hernandez
DDemocratic
IL
50
Co
Photo of Bob Morgan
Bob Morgan
DDemocratic
IL
58
Co
Photo of Carol Ammons
Carol Ammons
DDemocratic
IL
103
Co
Photo of Celina Villanueva
Celina Villanueva
DDemocratic
IL
12
Co
Photo of Christopher Belt
Christopher Belt
DDemocratic
IL
57