Rep. Michelle Mussman

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.

Amends the Evidence Article of the Code of Civil Procedure. Provides that "rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition. House Committee Amendment No. 1 Changes the definition of "rape crisis organization" to mean any organization or association a major purpose of which (instead of "the major purpose of which") is providing information, counseling, and psychological support to victims of any or all of the crimes of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, criminal sexual abuse, and aggravated criminal sexual abuse.

Creates the Prior Authorization Reform Act. Provides requirements concerning disclosure and review of prior authorization requirements, denial of claims or coverage by a utilization review organization, and the implementation of prior authorization requirements or restrictions. Provides requirements concerning a utilization review organization's obligations with respect to prior authorizations in nonurgent circumstances, urgent health care services, and emergency health care services. Provides that a utilization review organization shall not require prior authorization under specified circumstances. Provides requirements concerning the length of prior authorizations. Provides that health care services are automatically deemed authorized if a utilization review organization fails to comply with the requirements of the Act. Provides that the Director of Insurance may impose an administrative fine not to exceed $250,000 for violations of the Act. Defines terms. Amends the Illinois Insurance Code to change the definition of "emergency medical condition". Amends the Managed Care Reform and Patient Rights Act to provide that companies that transact accident and health insurance shall comply with specified requirements of the Managed Care Reform and Patient Rights Act. Amends the Illinois Public Aid Code to provide that all managed care organizations shall comply with the requirements of the Prior Authorization Reform Act. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Changes references from "utilization review organization" to "health insurance issuer" or "health insurance issuer or its contracted utilization review organization". Provides that a health insurance issuer or its contracted utilization review organization must ensure that all adverse determinations are made by a physician when the request is by a physician or a representative of a physician. Provides that a health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements in specified circumstances (rather than a utilization review organization shall not require prior authorization in specified circumstances). In provisions concerning length of prior authorization approval, provides that a prior authorization approval shall be valid for the lesser of 12 months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional. In provisions concerning clinical review criteria of prior authorization requirements, removes language that provides that a utilization review organization shall seek input from actively practicing physicians representing major areas of the specialty who are not employees of the utilization review organization or consultants to the utilization review organization before establishing or substantially or materially altering written clinical review criteria. Removes language that provides that a utilization review organization shall not deny prior authorization of a health care service solely based on the grounds that a health care professional or health care provider judges a service, product, or procedure is medically appropriate for his or her patient even if it has not been formally approved for the specific condition being treated. In provisions concerning statistics that shall be made available regarding prior authorization approvals and denials, removes specified categories of information. In provisions concerning requirements applicable to the physician who can review consultations and appeals, removes language that provides that the physician must not be employed by a utilization review organization, be under contract with the utilization review organization other than to participate in one or more of the utilization review organization's health care professional networks or to perform reviews of appeals, or otherwise have any financial interest in the outcome of the appeal. Makes other changes. Effective January 1, 2022. House Floor Amendment No. 2 Deletes reference to: 215 ILCS 134/65 Adds reference to: 215 ILCS 5/155.36 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: In the Prior Authorization Reform Act, deletes a Section concerning obligations with respect to prior authorization concerning emergency health care services, and makes changes in provisions governing applicability; definitions; disclosure and review of prior authorization requirements; obligations with respect to prior authorizations; personnel qualified to make adverse determinations of a prior authorization request; adverse determinations; review of appeals; denials; length of prior authorization approval; continuity of care; effect of failure to comply with the Act; and administration and enforcement. Makes further changes in the Illinois Insurance Code in a Section concerning obligations under the Managed Care Reform and Patient Rights Act. Deletes changes made to the Managed Care Reform and Patient Rights Act in a Section concerning emergency services prior to stabilization. Effective January 1, 2022.

Amends the School Code. In the provisions relating to holidays, adds January 17 (the birthday of Muhammad Ali) to the list of commemorative holidays. In the provisions relating to courses of study, provides that the teaching of history of the United States shall include the study of the contributions made by Muslims and Muslim Americans to society. House Committee Amendment No. 1 In the provisions relating to courses of study, provides that the teaching of history of the United States shall include the contributions made to society by Americans of different faith practices, including, but not limited to, Muslim Americans, Jewish Americans, Christian Americans, Hindu Americans, Sikh Americans, Buddhist Americans, and any other collective community of faith that has shaped America (rather than the study of the contributions made by Muslims and Muslim Americans to society).

Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the Public Defender, without fee or appointment and with the approval of the county board, may act as attorney to noncitizens in immigration cases related to or resulting from an underlying court matter in which the Public Defender served as attorney before he or she became the Public Defender. Provides that representation by the Public Defender in immigration cases is limited to those arising in immigration courts located within the geographical boundaries of the county where the Public Defender has been appointed to office unless the board authorizes the Public Defender to provide representation outside the county. House Committee Amendment No. 1 Deletes reference to: 55 ILCS 5/3-4004.2 55 ILCS 5/3-4004.5 new Adds reference to: 55 ILCS 5/3-4006 from Ch. 34, par. 3-4006 Replaces everything after the enacting clause. Amends the Counties Code. Provides that, in counties with a population over 3,000,000, the public defender, without fee or appointment and with the concurrence of the county board, may act as attorney to noncitizens in immigration cases. Provides that representation by the public defender in immigration cases shall be limited to those arising in immigration courts located within the geographical boundaries of the county where the public defender has been appointed to office unless the board authorizes the public defender to provide representation outside the county.

Amends the Managed Care Reform and Patient Rights Act. Requires health insurance carriers that provide coverage for prescription drugs to ensure that, within service areas and levels of coverage specified by federal law, at least half of individual and group plans meet one or more of the following criteria: apply a pre-deductible and flat-dollar copayment structure to the entire drug benefit, limit a beneficiary's monthly out-of-pocket financial responsibility for prescription drugs to a specified amount, or limit a beneficiary's annual out-of-pocket financial responsibility for prescription drugs to a specified amount. Provides that all plans for prescription drugs offered under the amendatory Act must be clearly and appropriately named, marketed in the same manner as other plans offered by the health insurance carrier, and offered for purchase to any individual and group plan sponsor. Effective January 1, 2022. House Committee Amendment No. 1 Replaces everything after the enacting clause. Amends the Managed Care Reform and Patient Rights Act. In provisions concerning individual health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall ensure that at least 10% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall ensure that at least 25% of individual health care plans offered in each applicable service area apply a flat-dollar copayment structure to the entire drug benefit. In provisions concerning group health plans that provide coverage for prescription drugs, provides that beginning January 1, 2023, health insurance carriers shall offer at least one group health plan in each applicable service area that applies a flat-dollar copayment structure to the entire drug benefit; and beginning January 1, 2024, health insurance carriers shall offer at least 2 group health plans in each applicable service area that apply a flat-dollar copayment structure to the entire drug benefit. Provides that the flat-dollar copayment structure for prescription drugs must be applied pre-deductible and be reasonably graduated and proportionately related in all tier levels such that the copayment structure as a whole does not discriminate against or discourage the enrollment of individuals with significant health care needs. Requires the health insurance carriers to clearly and appropriately name the plans to aid in individual or group plan selection. Requires the health insurance carriers to market the plans in the same manner as their other plans. Requires the Department of Insurance to adopt rules necessary to implement and enforce the provisions. Effective January 1, 2023.

Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning 120 days after the effective date of the amendatory Act, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective immediately. House Floor Amendment No. 1 Adds reference to: 625 ILCS 5/1-216.5 new 625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819 625 ILCS 5/3-821 from Ch. 95 1/2, par. 3-821 Replaces everything after the enacting clause. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning on January 1, 2022, the term "selling price" no longer includes the value of traded-in motor vehicles. Amends the Illinois Vehicle Code. Defines "utility trailer". Provides for a flat weight trailer tax of $36 for utility trailers. Decreases the flat weight tax for Class TA trailers from $118 to $36. Increases the certificate of title fee for vehicles other than all-terrain vehicles, off-highway motorcycles, motor homes, mini motor homes, and van campers from $150 to $155 and provides that the additional fee amount shall be deposited into the Road Fund. In a Section concerning the use tax on motor vehicles, makes changes concerning the amount of the tax. Effective January 1, 2022. House Floor Amendment No. 2 Removes language including only trailers weighing between 2,000 pounds and 3,000 pounds within the TA trailer class, and restores language including all trailers weighing 3,000 pounds and less within the TA trailer class.

Amends the Government Severance Pay Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 5 ILCS 415/1 Adds reference to: 20 ILCS 3305/23 new Replaces everything after the enacting clause. Amends the Illinois Emergency Management Agency Act. Creates the Access and Functional Needs Advisory Committee. Provides that the Advisory Committee shall: (1) research and provide recommendations for identifying and effectively responding to the needs of persons with access and functional needs before, during, and after a disaster using an intersectional lens for equity; (2) provide recommendations to the Illinois Emergency Management Agency regarding how to ensure that persons with a disability are included in disaster strategies and emergency management plans; and (3) review and provide recommendations for the Illinois Emergency Management Agency to integrate access and functional needs into the Illinois Emergency Operations Plan. Provides for appointment and composition of the members of the Advisory Committee. Provides that the initial meeting of the Advisory Committee shall be convened by the Director of the Illinois Emergency Management Agency no later than February 1, 2022. Requires the Illinois Emergency Management Agency to provide administrative support to the Advisory Committee. Requires the Advisory Committee to prepare and deliver a report with specified requirements to the General Assembly, the Governor's Office, and the Illinois Emergency Management Agency by July, 1 2022, and annually thereafter. Provides that the Advisory Committee is dissolved and amendatory provisions are repealed on January 1, 2032. Contains other provisions. Effective immediately. House Floor Amendment No. 1 Replaces references to the Illinois Emergency Operation Plan with references to State and local emergency plans.

Amends the Right to Privacy in the School Setting Act. Makes a technical change in a Section concerning the short title. Senate Floor Amendment No. 2 Deletes reference to: 105 ILCS 75/1 Adds reference to: 105 ILCS 5/2-3.25o 105 ILCS 5/10-22.25b from Ch. 122, par. 10-22.25b 105 ILCS 5/27A-5 105 ILCS 5/34-2.3 from Ch. 122, par. 34-2.3 Replaces everything after the enacting clause. Amends the School Code. Provides that a non-public elementary or secondary school registering with the State Board of Education must provide assurances that the school will not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a non-public elementary or secondary school that has obtained or seeks to obtain recognition status from the State Board may not prohibit hairstyles historically associated with race, ethnicity, or hair texture. Provides that a school uniform or dress code policy adopted by a school board or local school council shall not include or apply to hairstyles, including hairstyles historically associated with race, ethnicity, or hair texture. Sets forth a penalty for noncompliance with the school uniform or dress code policy provisions. Requires the State Board to make available, on its Internet website, resource materials developed in consultation with stakeholders regarding hairstyles. Amends the Charter Schools Law of the School Code to require a charter school to comply with the school uniform or dress code policy provisions. Effective January 1, 2022. House Committee Amendment No. 1 Provides that the Act may be referred to as the Jett Hawkins Law.

Amends the School Code. Makes changes concerning the adoption of rules by the State Board of Education governing time out and physical restraint in the public schools. Subject to appropriation, requires the State Board to create a grant program for school districts and special education cooperatives and charter schools to implement school-wide, culturally sensitive, and trauma-informed practices, positive behavioral interventions and supports, and restorative practices. Allows the State Board to contract with a third party to provide assistance with oversight and monitoring, and requires the State Board to establish reduction goals and a system of ongoing review, auditing, and monitoring. Makes changes in provisions concerning a school board's use of time out and physical restraint, including providing that isolated time out, time out, and physical restraint may be used only under certain circumstances, prohibiting the deprivation of necessities and prone, mechanical, and chemical restraint, and requiring a meeting with school personnel if requested by the parent or guardian, the provision of information to parents and guardians, and written procedures. Effective immediately. House Floor Amendment No. 2 Adds reference to: 5 ILCS 100/5-45 from Ch. 127, par. 1005-45 Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Provides that the State Board of Education shall adopt rules governing the use of isolated time, time out, and physical restraint in public schools and special education nonpublic facilities (rather than just in public schools). Provides that the State Board shall, by the adoption of emergency rules if it so chooses, create (rather than must create) a grant program for school districts, certain special education nonpublic facilities, and special education cooperatives (rather than for school districts and special education cooperatives and charter schools approved by the State Board). Makes changes concerning the prohibition against the use of prone restraint to allow prone restraint to be used when specified conditions are satisfied. Amends the Illinois Administrative Procedure Act to make a related change. Corrects grammatical errors. Effective immediately. Senate Floor Amendment No. 2 With respect to the grant program, requires the State Board of Education to prioritize grant funding to those school districts, special education nonpublic facilities, and special education cooperatives that submit a plan to achieve a significant reduction or elimination in the use of isolated time out and physical restraint in less than 3 years. In provisions allowing the use of prone restraint if certain conditions are satisfied, allows the use of prone restraint if the use of prone restraint occurs within the 2021- 2022 school year (rather than within the schools years of 2021-2022 and 2022-2023).