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Hearing Date: No hearing scheduled

Location: <<CourtRoomNumber>>
Judge: Calendar, H
FILED
3/15/2024 11:48 AM
IRIS Y. MARTINEZ
CIRCUIT CLERK
COOK COUNTY, IL
FILED DATE: 3/15/2024 11:48 AM 2022L003763

2022L003763
Calendar, H
26840579

EXHIBIT A
Exhibit A

TAC Information and Belief Allegation Support for Allegation


Paragraph
FILED DATE: 3/15/2024 11:48 AM 2022L003763

¶ 24 Dunn’s disregard of rules or laws was The allegations not made on information and
reflected when the ISBE sought a meeting in belief in the same paragraph (¶ 24) and ¶¶ 25-26
August 2020 following the posts on the stating that generally, Dunn disregarded rules or
Survivors of Latin Instagram Account. laws when engaging with the ISBE, and the
allegations in ¶¶ 588-624 showing his specific
disregard with respect to compliance with the
Anti-Bullying Law.
¶ 76 The Latin board gave Dunn a vote of no The allegation not made on information and belief
confidence and only a one-year contract to in the same paragraph regarding Dunn’s failure of
reflect disapproval in Dunn’s job leadership (¶ 76) and ¶ 77. Otherwise, a source
performance. within the Latin community provided the specific
information about the vote of no confidence and
a one-year contract, which supports withdrawing
the “information and belief” basis for the
allegation, and simply stating the allegation.
¶ 79 Koo and the Board had more than enough ¶¶ 22-70, 76-79. In addition, the point of the
notice and information to warrant removal of Board includes oversight of Dunn and school
Dunn as Head of School. matters.
¶ 176 Knoche was part of communications with ¶¶ 10, 12, 125, 178-179, 181, 190, 214, 216, 231,
Kranz about Mrs. Bronstein’s concern that 259 (Knoche and Kranz worked closely together
Nate was at risk of self-harm or harming as the mental health counselors in the Upper
another person, and Kranz’s meeting with, School; Knoche engaged in other
assessment of and conclusions about Nate. communications with Kranz about the Nate and
the Bronsteins and communicated directly after
Kranz started ignoring the family).
¶¶ 178-181 Allegations of Hennessy’s knowledge of ¶¶ 168-195 and 197 (Kranz assessed Nate and
(1) the duty to contact the Bronsteins knew these things and Kranz consulted with
regarding the assessment of Nate for suicidal Hennessy consulted following Kranz’s meeting
ideation, (2) likelihood of denial of suicidal with and assessment of Nate about the meeting
thoughts, (3) Nate’s reactions to the and the assessment)
assessment, (4) Nate’s reactions showing
signs of suicidal ideation despite denials.
¶ 217 Kranz did not respond to Mrs. Bronstein ¶¶ 218-219 (Kranz e-mailed Nate, but there is no
following the communication Knoche documentation of any response to Mrs. Bronstein
directed Mrs. Bronstein to send. who was, as a result, reaching out to others to try
to find support for Nate)
¶ 238 Von Ogden and Dunn knew about ¶¶ 7-8, 27-43, 329-330, 349-50, 675 (Dunn and
communications between Nate, the Von Ogden, in their roles as Head of School and
Bronsteins, and school personnel including Upper School Director, had knowledge of Nate’s
Mrs. Bronstein’s concern about Nate’s risk risk of self-harm, Kranz’s suicidal ideation
of self-harm, Kranz’s suicidal ideation assessment of Nate, and Nate’s cyberbullying
assessment of Nate, and Latin’s decision to report. Dunn’s “no parents” policy exhibits their
not provide help for Nate. practice of assessing information that would
cause reputational harm and failing to
communicate issues with families.)
¶ 282 Student 2 does not weigh in at any point ¶ 277-284 (Student 2 participates on text chain
thereafter about his role in the posting of the but stops communicating.)
W Post.
¶ 295 Coach Moran did not contact anyone about ¶¶ 285-294 (Student 2 informed Coach Moran of
Student 5’s report about the “f—k you” the “f—k you group chat indicating that Nate was
FILED DATE: 3/15/2024 11:48 AM 2022L003763

group chat. upset, and Coach Moran did not have adequate
training or a policy in place to report Nate’s
cyberbullying. Coach Moran did not address the
cyberbullying to the Bronsteins, the parents of
any participants in the group chat, and the team,
nor did he inquire of investigate the
cyberbullying.)
¶ 329 Hennessy and the Latin Defendants made or Latin had a “no parents” practice (¶¶ 27-43) and
acquiesced in the decision to not notify the actively avoided implementing an anti-bullying
Bronsteins of Nate’s cyberbullying report, policy compliant with the Act. (¶¶ 588-603, 606-
and to mislead and/or manipulate Nate to 624.) Latin did not want to deal with the
validate their decision. Bronsteins (¶¶ 196-202, 426) and sought to
protect its reputation (¶¶ 349-50, 463, 480-81.)
Latin has a prolific history in avoiding any
scandal (¶¶ 24, 37, 63-70, 557-58) and instead,
rejected, denied and blamed Nate for the “social
media” incident. (¶¶ 347-50, 361-66.)
¶ 350 Hennessy’s response to Nate’s cyberbullying Supra, ¶ 238, 329.
report was done with the knowledge and/or
acquiescence of the Latin Defendants.
¶ 363 Hennessy did not write the December 16th e- Hennessy’s email to Nate included extremely odd
mail to Nate alone and was directed by language, such as “per your advice” to justify her
someone else. inaction in notifying the Bronsteins of Nate’s
cyberbullying Report. (¶ 362.) Using that phrase
is inappropriate and unlawful because Hennessy
had a duty to inform the Bronsteins of Nate’s
report, under the Illinois Anti-Bullying Law, and
she had never asked for his “advice” in prior
instances involving Nate. (¶ 364-65.)
¶ 368 Nate showed his friend via Snapchat, a KYS It is not “upon information and belief” that the
(kill yourself) message he received from a KYS message was sent to Nate, and Nate showed
Latin student. his friend. The means by which Nate showed his
friend (via Snapchat or another
telecommunications method) is “upon
information and belief.” (¶ 368.)
¶ 376-77 If Nate’s AMK or Compass Plaintiffs simply allege that licensed therapists or
therapist/counselor had known about the counselors have a legal and ethical obligation to
cyberbullying and Hennessy’s indifference adequately report and assess a patient’s risks for
of his report, they would have responded in a self-harm if they have the knowledge or suspicion
meaningly different way that would have that the patient experiences or exhibits suicidal
bene able to realistically assess Nate’s self- tendencies. Had the therapist/counselor known of
harm risks and encourage Nate to share more Nate’s cyberbullying and injuries, they would
about his struggles. have treated or responded to Nate differently
during their sessions, especially since Mrs.
Bronstein had previously raised concerns for
Nate’s risk of self-harm or harming another. (¶
168.)
¶ 430 A parent e-mailed Dunn and Latin and In the same paragraph, it is not upon information
shared some detail about the “f—k you” and belief that the parent e-mailed Dunn and Latin
group chat. to request a meeting about the bullying of Nate
FILED DATE: 3/15/2024 11:48 AM 2022L003763

and his death. The parent clearly knew about the


cyberbullying, which stems from the “f—k you”
group chat and the Snapchat. It is likely that the
parent shared information about these
occurrences as the parent requested a meeting to
discuss them.
¶ 431 Dunn, Koo, Greenwood, Von Ogden, and As stated in ¶ 430, a parent e-mailed Dunn and
Szczepanek communicated over the Latin to request a meeting about Nate’s
weekend in “crisis response mode.” cyberbullying and his death. This put Latin on
notice that other parents were concerned and the
Latin Defendants had to strategize on how to
address this issue with their community.

O’Dea took away from the January 15, 2022


meeting that the Latin Defendants sought to
protect their interests and categorized Mrs.
Bronstein as difficult and Nate as a wrongdoer,
thus undeserving of their support. (¶¶ 427-29.) It
is not upon information and belief that O’Dea had
knowledge of the “crisis response” meeting and
found it odd that she was specifically excluded
from it since she was a part of the crisis response
team. (¶ 431, 447, 449.) It can be inferred from
O’Dea’s inquiry as to why the Bronsteins were
not informed of Nate’s cyberbullying, that the
Latin Defendants had ulterior motives to protect
their reputation and execute a plan in covering up
Nate’s cyberbullying report. (¶¶ 427-29.)
¶ 432 Dunn, Koo, Greenwood, Von Ogden, and Supra, ¶ 430-31.
Szczepanek reviewed the “f—k you” group
chat over the weekend to figure out how to
explain and minimize Nate’s cyberbullying
report.
¶ 446 Dunn, Von Ogden, and Hennessy were not The parent who emailed Dunn and Latin ¶ 430
surprised at seeing the “f—k you” group met with these individuals on January 18, 2022 to
chat. specifically discuss Nate’s cyberbullying and that
Latin had not taken prior action to address it. (¶
445.) During the meeting the parent provided
them with portions of the “f—k you” group chat,
and can be inferred that they have already seen it,
considering Nate’s initial report (¶¶ 314-326), the
parent e-mailing Latin and sharing details of the
group chat (supra, ¶ 430-32; ¶ 445), and the
significant chatter amongst the student population
regarding Nate’s death and his cyberbullying. (¶
434.)
¶ 465 Hennessy rejected Nate’s friend in the Nate’s friend reported the KYS message to
process of reporting the KYS message to her. Hennessy (¶ 451) and the Latin Defendants,
including Hennessy, never acknowledged
anything about the KYS message to the
Bronsteins (¶ 455), nor did they notify any other
FILED DATE: 3/15/2024 11:48 AM 2022L003763

parents of the KYS message to Hennessy or


Student 8’s communications about the KYS to
Kranz. (¶ 456.) They never investigated the KYS
message allegation. (¶ 457.) In response to
O’Dea’s inquiry, Kranz disclosed the KYS
message and Von Ogden immediately and
adamantly responded that there was no
documentary proof of the message, thus implying
that it was not an issue that Latin needed to
address. (¶ 459.)
¶ 539 Attorney Lamon relayed the request to Dunn In the same paragraph, it is not upon information
that Student 1 be benched for the Latin- and belief that Attorney Flood, counsel for
Parker game on February 23, 2022 pending Bronsteins, requested that Student 1 be benched
the alleged “fact finding” investigation by for the Latin-Parker game and Attorney Lamon
Latin. found it to be a reasonable request. (¶ 539.) It is
inferred that the request was relayed to Dunn
because as Head of School, Dunn would be
included in these types of decisions that come
from Latin’s counsel (¶ 7), and he later
communicated with Student 1’s parents about
benching Student 1 for the game because of
“safety” concerns. (¶ 542.)
¶ 541 Instead of informing Student 1’s parents that Dunn communicated with Student 1’s parents
it was requested that he should be benched about benching Student 1 for the game because of
due to the allegedly pending “fact finding” “safety” concerns, not because of Latin’s alleged
investigation, Dunn instead claimed that “fact finding” investigation. (¶ 542.)
Latin concerned for his safety if he played.
¶ 561 Dunn and Koo downplayed and denied the A former, long-time faculty member at Latin
RCDS board’s concerns raised by the former warned the RCDS board about Dunn no later than
Latin faculty member and any issue February 4, 2022. (¶ 560.) It is not upon
regarding Nate’s death. information and belief that Members of the RCDS
board communicated with Dunn and Koo
following the receipt of the e-mail. (¶ 561.) It was
RCDS’ interest to avoid any issues that may arise
from Dunn coming in as Head of School of
RCDS. (¶ 563.) Dunn did not want his reputation
tarnished from any scandal at Latin (¶ 557-568),
and thus, it can be inferred that Dunn and Koo
downplayed these concerns.
¶ 562 Dunn and Koo maligned the former faculty Supra, ¶ 561
member and the Bronsteins, claiming that
they are difficult, crazy, Nate was at fault, or
otherwise alleging that Nate had already
transferred to Parker when he died, and no
one at Latin is at fault.
¶ 626 Hagerman has been involved in influencing Hagerman resigned from his prior position in
Latin’s handling of the Bronstein matter Scarsdale by early May 2022 and sought to get
since May 2022. started early at Latin. (¶ 625.) Prior to summer
break or graduation, Hagerman was physically at
Latin, working and engaging with staff. (Id.) It
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can be reasonably inferred that, as the new Head


of School, Hagerman was involved with any
important matters at Latin, which include Nate
and the Bronsteins.
¶ 630 Latin uploaded its bullying prevention policy The policy approved by the ISBE never made it
to the ISBE portal and was able to slip the into the bullying prevention policies in Latin’s
non-compliant policy through. 2022-2023 Handbook. (¶ 628.) The Handbook
had a noncompliant bullying prevention policy
for 2022-2023 (¶ 628-29), and it can be inferred
that Latin’s clearly noncompliant policy was
somehow approved by the ISBE.
¶ 635 Latin has failed to meaningfully or in any For example, a student with a history of bullying
way, change its ways, and bullying behavior behavior directed more than once at Jewish
is often still tolerated with little to no students, yelling something along the lines of
consequence. “run Jew boy run, there’s money at the end.” (¶
636.) The student had to read a prepared
statement at a track team meeting. (¶ 637.)
¶ 637 The student was not meaningfully punished Supra, ¶ 635. It is not upon information and belief
for his anti-Semitic behavior. The track team that the student had to read a prepared statement
meeting where the student read the statement at a track team meeting, and the meeting was
was “closed” and the attendees were told not attended by some Latin personnel, including Nick
to discuss the meeting. Baer, interim Upper School Director.
¶ 638 There was minimal to no apology in the It is not upon information and belief that the
student’s statement. student’s prepared statement was that they all
needed to come together as a team. (¶ 638.)
¶ 639 The victim student to whom the slur and Individuals that attended that meeting disclosed
insult was directed was upset, swearing and this information, and Plaintiffs state this
crying in reaction to the statement. allegation “upon information and belief” because
Plaintiffs were not present for the meeting.
¶ 641 The same student with bullying behavior had Individuals aware of the student’s conduct
previously recorded a Jewish student disclosed this information, and Plaintiffs state this
speaking and then altered the recording to allegation “upon information and belief” because
make it sound like the student had said the Plaintiffs did not directly witness this conduct. In
“N” word. this same paragraph, it is not upon information
and belief that this student was made captain of
the track team after this incident.
¶ 642 Hagerman knew about the student’s conduct The student with bullying behavior was made
and condoned the lack of discipline, allowing captain of the track team after their prior bullying
for bullies to “get away with it” which was incidents. (Supra, ¶¶ 637-38, 641.)
apparent amongst Latin students.
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EXHIBIT B
FILED DATE: 3/15/2024 11:48 AM 2022L003763
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Helping Your School Apply


Sound Principles to Its Practices
The NAIS Principles of Good Practice (PGPs)
are designed to promote high standards and
ethical behavior in key areas of independent
school operations. Their goal is to encourage
discussion, guide decision making, and steer
action throughout member schools.
The NAIS PGPs reflect the dedication to
quality education that has always characterized
independent schools. As members, all NAIS
schools work to uphold the spirit of these
principles and guidelines.
For further guidance, see the Code of Ethics
recommended by Independent Sector, which NAIS
endorses in principle and follows in practice.

© 2020 National Association of Independent Schools


ISBN: 978-1-63115-040-1
ADMISSIONS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 The school seeks to ensure an appropriate match between


The following principles provide a prospective student/family and the mission and philosophy
common ground for interaction of the school.
between independent school
professionals and their many 2 The school maintains an admission process that affirms
constituents (parents, students, the dignity and worth of each individual and respects the
colleagues at other schools, and needs of students and families to learn about school
the public). The NAIS Principles programs and activities.
of Good Practice for member
schools define high standards and 3 In establishing policies, procedures, and goals for student
ethical behavior in key areas of
school operations to guide schools
recruitment and enrollment, the school makes inclusivity a
in becoming the best education central tenet, while also complying with local, state, and federal
communities they can be, to embed laws, including but not limited to applicable antitrust laws.
the expectation of professionalism,
and to further our sector’s core 4 The school operates under a clear and consistent set of practices
values of transparency, excellence, for gathering, disseminating, and maintaining prospective
and inclusivity. Accordingly, student information, and respects the confidentiality of students,
membership in NAIS is contingent
families, and documents in the admission process. Schools will
upon agreement to abide by
the spirit of the PGPs. ensure that the admission process and/or official transcript have
provided sufficient formal documentation of an appropriate
OVERVIEW match before offering admission to a student.
Through the recruitment, 5 The school provides clear information, dates, and timeframes
selection, and enrollment of for all aspects of the admission process, including expectations
students, admission and enrollment around notification dates, financial aid applications, acceptance
management professionals play
a critical role in their schools’
of an enrollment offer, waitlist policies, and financial
vitality and educational culture. obligations. All school communication about the admission
All admission and enrollment process should be consistent, transparent, and in user-friendly
management professionals, as well and inclusive formats.
as the head of school, bear ultimate
responsibility for communicating 6 The school shares complete information about the total costs
and upholding these principles of of attending the school and other financial expectations with
good practice to all professional
families before an enrollment commitment is required. The
staff and volunteers (including
parents, alumni/ae, tour guides, school ensures that its admission process and commitment
coaches, faculty, and board deadlines do not restrict unnecessarily the rights of families to
members) who represent the make well-informed decisions about enrollment.
institution in promotion, recruitment,
admission, re-enrollment, and 7 The school clearly communicates those policies and procedures
retention activities. of the school, member associations, and/or athletic leagues that
may affect a family’s decision to enroll.

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1
ADMISSIONS
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8 The school recognizes that general advertising, direct-mail


campaigns, social media and internet outreach, and
communication between competitor schools and currently
enrolled independent school families should not be seen
as a violation of the spirit of collaboration, collegiality, and
professionalism reflected in these principles, but rather as
guaranteeing the free market rights of families and the
general public to consider all educational options.
9 The school recognizes the right of currently enrolled students
and families to consider other educational options, and if a
transfer is initiated, the current school provides appropriate
documentation and support in a timely manner, including
reminding the family of any policies related to contractual
obligations to the current school.
10 The school actively participates in local, regional, and national
organizations of independent schools to establish and further
collegial relations with neighboring independent schools, to
collaborate on marketing arrangements to tell the independent
school story, and to encourage more families to consider
independent education.
11 School representatives apply the same high standards of
integrity whether talking about their own school or other
institutions. As they navigate the challenges and opportunities
inherent in a competitive recruitment environment, school
admission professionals adhere to the highest standards of
mutual support and respect among schools.
12 The school ensures that all representatives, internal processes,
and external recruitment arrangements support the best interests
of the student and do not result in a conflict of interest on the
part of the school, individual, or firms representing the school.
13 The school ensures that the primary admission professional
is a member of one of the leadership teams, and all admission
and enrollment management professionals, as primary
representatives of the school in many arenas, have strong
support for professional development and unwavering direction
from the head of school to fulfill the letter and the spirit of all
of these principles of good practice, especially in the context
of challenges to meeting enrollment goals.

2
ATHLETICS
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PREAMBLE SCHOOL ATHLETICS


The following principles provide 1 The school’s physical health program embodies the mission,
common ground for interaction philosophy, and objectives of the school.
between independent school
professionals and their many 2 The school ensures that physical education teachers and
constituents (parents, students,
colleagues at other schools, and
coaches have appropriate training and knowledge of the
the public). The NAIS Principles school’s mission, philosophy, and objectives.
of Good Practice for member
schools define high standards and 3 The school promotes equity in all aspects of its athletic programs,
ethical behavior in key areas of including equal access to athletics, and fair and just treatment
school operations to guide schools within both the curricular and extracurricular program.
in becoming the best education
communities they can be, to embed 4 The school’s athletic program is an integral part of the
the expectation of professionalism, school’s curriculum.
and to further our sector’s core
values of transparency, excellence, 5 The school is committed to the safety and physical and
and inclusivity. Accordingly,
emotional health of participants in the athletic program.
membership in NAIS is contingent
upon agreement to abide by The school demonstrates this commitment by ensuring that
the spirit of the PGPs. appropriate safety precautions are in place for all physical
education activities. Further, the school has appropriate response
OVERVIEW safeguards in place in the event that a student is injured.
Athletics can play an important 6 The school’s athletic program values the dignity and worth
role in the lives of children. of the individual in a context of common purpose and
The school’s athletic program
should be an essential part of the
collective achievement.
education of students, fostering the
development of character, life skills,
7 The school educates parents about the philosophy, policies,
sportsmanship, and teamwork. risks, and appropriate expectations of the athletic program.

SCHOOL TEAM ATHLETICS


1 The school stands firmly in opposition to performance-
enhancing drugs.
2 The school and its athletic programs and teams do not tolerate
any form of hazing.
3 The school ensures that students, parents, alumni, and others
understand the expectations of sportsmanship, civility, and
self-control at athletic practices and contests, much as those
same characteristics are required within the more traditional
academic environment.

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3
ATHLETICS
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4 The school works directly and candidly with other schools to


prevent abuses in the following areas: recruitment, eligibility,
transfer of student athletes, financial aid, and admission.

COACHES
1 Coaching is teaching: Coaches are, foremost, teachers. In this
spirit, coaches have a strong collegial relationship with other
educators and contribute to the school’s understanding of the
whole child.
2 Coaches have an understanding of the developmental needs of
the children with whom they work.
3 Coaches design and implement activities that improve the
knowledge and skills of all participants.
4 Coaches are aware of the physical abilities of their athletes
and do their best to keep the athletes safe while encouraging
students to reach new levels of achievement.
5 Coaches maintain the appropriate skills to teach their sport(s)
and provide appropriate first aid to an injured athlete.
6 Coaches mentoring athletic teams and events are role models
for the behavior expected of all spectators and participants at
any athletic event.

4
BOARD OF TRUSTEES
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PREAMBLE 1 The board adopts a clear statement of the school’s mission,


The following principles provide vision, and strategic goals and establishes policies and plans
common ground for interaction consistent with this statement.
between independent school
professionals and their many 2 The board reviews and maintains appropriate bylaws that
constituents (parents, students, conform to legal requirements, including duties of loyalty,
colleagues at other schools, and obedience, and care.
the public). The NAIS Principles
of Good Practice for member 3 The board assures that the school and the board operate in
schools define high standards and compliance with applicable laws and regulations, minimizing
ethical behavior in key areas of
school operations to guide schools
exposure to legal action. The board creates a conflict of
in becoming the best education interest policy that is reviewed with, and signed by, individual
communities they can be, to embed trustees annually.
the expectation of professionalism,
and to further our sector’s core 4 The board accepts accountability for both the financial stability
values of transparency, excellence, and the financial future of the institution, engaging in strategic
and inclusivity. Accordingly, financial planning, assuming primary responsibility for the
membership in NAIS is contingent
preservation of capital assets and endowments, overseeing
upon agreement to abide by
the spirit of the PGPs. operating budgets, and participating actively in fundraising.
5 The board selects, supports, nurtures, evaluates, and sets
OVERVIEW
appropriate compensation for the head of school.
The board is the guardian of the
school’s mission. It is the board’s 6 The board recognizes that its primary work and focus are long
responsibility to ensure that the range and strategic.
mission is relevant and vital to
the community it serves and to 7 The board undertakes formal strategic planning on a periodic
monitor the success of the school basis, sets annual goals related to the plan, and conducts
in fulfilling its mission. annual written evaluations for the school, head of school, and
the board itself.
8 The board keeps full and accurate records of its meetings,
committees, and policies and communicates its decisions
widely, while keeping its deliberations confidential.
9 Board composition reflects the strategic expertise, resources,
and perspectives (past, present, and future) needed to achieve
the mission and strategic objectives of the school.
10 The board works to ensure all its members are actively involved
in the work of the board and its committees.

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5
BOARD OF TRUSTEES
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11 As leader of the school community, the board engages


proactively with the head of school in cultivating and
maintaining good relations with school constituents as well as
the broader community and exhibits best practices relevant to
equity and justice.
12 The board is committed to a program of professional
development that includes annual new trustee orientation,
ongoing trustee education and evaluation, and board leadership
succession planning.

6
BUSINESS OFFICERS
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PREAMBLE 1 The business officer understands and promotes the mission,


The following principles provide standards, and policies of the school, and provides leadership as
common ground for interaction these evolve and when they are evaluated.
between independent school
professionals and their many 2 The business officer supports the head and other school
constituents (parents, students, officials in ensuring compliance with applicable laws.
colleagues at other schools, and
the public). The NAIS Principles 3 The business officer reports to the head of school and works
of Good Practice for member strategically with the head of school and the board of trustees
schools define high standards and to ensure the development and implementation of appropriate
ethical behavior in key areas of
school operations to guide schools
policies for the long-term management of the school.
in becoming the best education
communities they can be, to embed
4 The business officer provides important assistance to the
the expectation of professionalism, head in administering the school and to the board in meeting
and to further our sector’s core its fiduciary responsibilities through attendance at meetings,
values of transparency, excellence, informative disclosure, and other educational means.
and inclusivity. Accordingly,
membership in NAIS is contingent 5 The business officer manages the school’s resources in a prudent
upon agreement to abide by manner, consistent with the mission, safeguarding the value
the spirit of the PGPs.
of those assets for the use of future generations of students by
establishing appropriate financial controls and procedures.
OVERVIEW
Although responsibilities of 6 The business officer maintains and fosters high ethical
business officers are as varied as the standards, integrity, and respect for colleagues, alumni, parents,
institutions they serve, the following and students in the conduct of the school’s business.
principles provide a common
standard of leadership and good 7 The business officer respects and maintains confidentiality
practice for individuals vested with and rights to privacy applicable to individuals and institutional
the responsibilities of the school’s records.
financial and physical resources.
8 The business officer ensures that the human resource policies
and practices, as well as the school’s finance-related policies,
are clearly articulated, consistently applied, and conform to
legal requirements.
9 The business officer fosters professional standards and
development by participating in local, regional, and national
associations that offer personal support and professional
assistance and development.

7
EARLY CHILDHOOD
EDUCATION
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PREAMBLE 1 Early childhood educators and all personnel who interact with
The following principles provide young children have appropriate training, understanding, and
common ground for interaction knowledge regarding the developmental characteristics of this
between independent school age group.
professionals and their many
constituents (parents, students, 2 Early childhood educators recognize that play is the work of
colleagues at other schools, and young children.
the public). The NAIS Principles
of Good Practice for member 3 Early childhood educators build on children’s natural curiosity
schools define high standards and to promote a love of learning.
ethical behavior in key areas of
school operations to guide schools 4 Early childhood educators prepare the environment so that
in becoming the best education
communities they can be, to embed
children learn through active exploration and discovery.
the expectation of professionalism,
and to further our sector’s core
5 Early childhood educators recognize the importance of outdoor
values of transparency, excellence, play and provide appropriate time and equipment.
and inclusivity. Accordingly,
membership in NAIS is contingent 6 Early childhood educators design programs that develop the
upon agreement to abide by large and small motor skills of young children.
the spirit of the PGPs.
7 Early childhood educators engage parents as partners in
OVERVIEW understanding the unique characteristics and needs of young
children.
Early childhood education
emphasizes the development 8 Early childhood educators, in observing and interpreting
of the whole child, providing for
children’s behavior, use bias-free assessment tools based on
each child’s social, emotional,
physical, and intellectual needs. developmental norms.
Early childhood programs are
developmentally appropriate in that 9 Early childhood educators promote equity and justice by
they are based on an understanding creating a community that fosters respect, understanding, and
of general patterns of growth in an appreciation of differences.
the early years as well as children’s
individual development.

8
EDUCATION OF
INTERNATIONAL
FILED DATE: 3/15/2024 11:48 AM 2022L003763

STUDENTS
IN INDEPENDENT SCHOOLS

PREAMBLE 1 The school engages in an equitable recruitment, admissions,


The following principles provide and enrollment process for international students and provides
common ground for interaction information that accurately depicts the school’s programs,
between independent school practices, policies, and deadlines. This includes sharing
professionals and their many complete information about total costs of attending the school
constituents (parents, students, and other financial expectations with families before an
colleagues at other schools, and
the public). The NAIS Principles
enrollment commitment is required.
of Good Practice for member
schools define high standards and
2 The school uses inclusive language in all oral, written, and
ethical behavior in key areas of electronic communication and ensures that international
school operations to guide schools families have access to the same information as
in becoming the best education noninternational families.
communities they can be, to embed
the expectation of professionalism, 3 The school values each student’s culture, traditions, and unique
and to further our sector’s core perspectives. The school reflects its appreciation for diversity,
values of transparency, excellence,
equity, and justice in its mission, programming, and actions to
and inclusivity. Accordingly,
membership in NAIS is contingent support international students.
upon agreement to abide by
the spirit of the PGPs. 4 The school ensures international students’ access to the
whole curriculum, all school programs, and the entire student
OVERVIEW educational experience, keeping in mind that international
students may be English language learners.
Independent schools value the
presence and full engagement 5 The school provides a fully articulated language (English or the
of international students in their primary language spoken in the school) acquisition program for
educational communities. NAIS
considers international students
international students, including assessment, placement, and
those who undertake all or part monitoring of both student learning and program effectiveness,
of their education experience as well as language support in the content areas, as needed.
in a country other than their
home country. The following 6 The school ensures appropriate and comprehensive safety,
principles provide guidelines well-being, supervision, support, and care of international
for the recruitment, residential students, including in housing, if housing is provided.
life, education, and support
of international students in 7 The school ensures access to appropriate acculturation and/
independent schools.
or enculturation resources, as well as counseling, medical, and
learning support services for international students.

Continued on next page

9
EDUCATION OF
INTERNATIONAL
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STUDENTS
IN INDEPENDENT SCHOOLS

Continued from previous page

8 The school supports educators in their work with international


students, including professional development programming for
faculty and staff to educate them about students’ home cultures
and traditions, the second language acquisition process, and
learning needs.
9 The school ensures that there are sufficient and appropriately
trained staff members dedicated to supporting the school’s
work with international students.
10 The school promotes an environment that enhances positive
interaction between domestic and international students so they
develop sensitivity and understanding of cultural differences.

10
ELEMENTARY
SCHOOL EDUCATORS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 Elementary school educators and all personnel who interact


The following principles provide with children have appropriate training and knowledge
common ground for interaction regarding the developmental characteristics and needs of this
between independent school age group.
professionals and their many
constituents (parents, students, 2 Elementary school educators create a safe and secure
colleagues at other schools, and environment in which students grow in both autonomy and the
the public). The NAIS Principles ability to work and play together.
of Good Practice for member
schools define high standards and 3 Elementary school educators design and implement programs
ethical behavior in key areas of
school operations to guide schools
that actively engage students in making connections, solving
in becoming the best education problems, and thinking independently.
communities they can be, to embed
the expectation of professionalism, 4 Elementary school educators teach to individual learning styles
and to further our sector’s core and intelligences and assess learning in a variety of ways.
values of transparency, excellence,
and inclusivity. Accordingly, 5 Elementary school educators support the child’s emerging
membership in NAIS is contingent identity by respecting and providing for each student’s voice.
upon agreement to abide by
the spirit of the PGPs. 6 Elementary school educators build relationships with their
students in which each child feels understood, nurtured,
OVERVIEW and challenged.
Building on the work of early
7 Elementary school educators work to create a relationship with
childhood educators, elementary
school educators continue to parents that facilitates the exchange of information necessary
nourish the child’s joy of discovery to ensure the child’s progress.
and passion for learning, and
provide for the child’s social, 8 Elementary school educators create opportunities for children
emotional, physical, intellectual, to become increasingly responsible for the many communities
and moral growth — giving special in which they live.
attention to the mastery of those
basic skills and concepts that are 9 Elementary school educators defend the dignity and worth of
the foundation of all future learning. each member of the community and create an environment that
fosters respect, understanding, and acceptance of differences.

11
ENVIRONMENTAL
SUSTAINABILITY
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 The school demonstrates a commitment to environmental


The following principles provide sustainability through its policy statements, strategic plan,
common ground for interaction and administration.
between independent school
professionals and their many 2 The school has a long-term sustainability plan that includes
constituents (parents, students, benchmarks and has administrative support.
colleagues at other schools, and
the public). The NAIS Principles 3 The school incorporates learning and teaching within the
of Good Practice for member curriculum that addresses the knowledge and skills needed
schools define high standards and to foster an environmentally, socially, and economically
ethical behavior in key areas of
school operations to guide schools
sustainable future.
in becoming the best education
communities they can be, to embed
4 The school strives to incorporate best practice in sustainability
the expectation of professionalism, in all aspects of facilities and operations, including new
and to further our sector’s core buildings and renovations, energy sourcing and consumption,
values of transparency, excellence, waste management, water use, food services, landscaping,
and inclusivity. Accordingly, transportation, and purchasing.
membership in NAIS is contingent
upon agreement to abide by 5 The school integrates sustainable operations practices within
the spirit of the PGPs.
curricular and co-curricular programming, such as energy
conservation competitions, waste and recycling audits,
OVERVIEW
greenhouse gas inventories, and organic gardening and
Independent schools strive to be landscaping practices, among others.
positive members of their local
and global communities and to 6 The school supports student and faculty engagement in
prepare students well for the sustainability-related programs and projects, such as field study
future. Schools can become more projects, student/faculty exchanges, and partnerships with
environmentally sustainable and
can ensure that their graduates are
other schools, local governments, and organizations.
prepared to contribute to a more
sustainable world by incorporating
7 The school supports professional development for faculty and
appropriate learning and practice staff that deepens understanding and practice of sustainability.
into school policies, administration,
curriculum, campus operations, 8 The school communicates with stakeholders on its evolving
student life, and engagement with commitment to sustainability in learning and practice.
the broader community.

12
EQUITY AND JUSTICE
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 The school establishes the foundations for its commitment


The following principles provide to equity and justice in its defining documents (mission, core
common ground for interaction value, and/or philosophy statements).
between independent school
professionals and their many 2 The school respects, affirms, and protects the dignity and worth
constituents (parents, students, of each member of its community.
colleagues at other schools, and
the public). The NAIS Principles 3 The board of trustees and the head of school articulate strategic
of Good Practice for member goals and objectives that promote diversity, inclusion, equity,
schools define high standards and and justice in the life of the school.
ethical behavior in key areas of
school operations to guide schools 4 The school develops meaningful requirements for cross-cultural
in becoming the best education
communities they can be, to embed
competency and provides training and support for all members
the expectation of professionalism, of its community, including the board of trustees, parents,
and to further our sector’s core students, and all school personnel.
values of transparency, excellence,
and inclusivity. Accordingly, 5 The board of trustees and the head of school keep the school
membership in NAIS is contingent accountable for living its mission by periodically monitoring
upon agreement to abide by and assessing school culture and ongoing efforts in admission,
the spirit of the PGPs.
hiring, retention, financial aid, and curriculum development.
OVERVIEW 6 The school works deliberately to ensure that the board of
NAIS schools value the trustees, administration, faculty, staff, and student body reflect
representation and full engagement the diversity that is present in the rapidly changing and
of individuals within our increasingly diverse school-age population in our country.
communities whose differences
include — but are not limited to — 7 The head of school ensures that diversity initiatives are
age, ethnicity, family makeup, coordinated and led by a designated individual who is a
gender identity and expression, member of one of the school leadership teams, with the training,
learning ability, physical ability,
race, religion, sexual orientation,
authority, and support needed to influence key areas of policy
and socioeconomic status. NAIS development, decision making, budget, and management.
welcomes and celebrates the
diversity of our member schools. 8 The school uses inclusive language in all written, electronic,
We expect member schools to and oral communication.
create and sustain diverse, inclusive,
equitable, and just communities 9 The school adopts a nondiscrimination statement applicable
that are safe and welcoming for all. to the administration of all of its programs and policies, in
We recognize that to do so requires full compliance with local, state, and federal law. That said,
commitment, reflection, deliberate
the school makes the law the floor — not the ceiling — for
planning and action, and ongoing
accountability. The following NAIS establishing itself as a diverse, inclusive, safe, and welcoming
Principles of Good Practice for community for all students, staff, and families.
Equity and Justice provide the
foundation for such an independent
school community.

13
FINANCIAL AID
ADMINISTRATION
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 The school adheres to all applicable local, state, and federal
The following principles provide laws and regulations, including antitrust laws and those
common ground for interaction that require nondiscriminatory practice in administering
between independent school its financial aid policies.
professionals and their many
constituents (parents, students, 2 The school operates within the context of both short- and
colleagues at other schools, and long-range financial aid budget and policy goals.
the public). The NAIS Principles
of Good Practice for member 3 The school uses objective research to measure the effectiveness
schools define high standards and of its progress toward its goals, and communicates the
ethical behavior in key areas of
school operations to guide schools
outcomes to its constituents as appropriate.
in becoming the best education
communities they can be, to embed
4 The school provides clear and transparent information to
the expectation of professionalism, families through outreach, education, and guidance on all
and to further our sector’s core aspects of its financial aid process and the factors that influence
values of transparency, excellence, admission and aid eligibility.
and inclusivity. Accordingly,
membership in NAIS is contingent 5 The school determines eligibility for admission without regard
upon agreement to abide by to a student’s application for financial aid.
the spirit of the PGPs.
6 The school commits to providing financial aid dollars to
OVERVIEW applicants who demonstrate that their family resources are
Recognizing that each family insufficient to meet all or part of the total educational costs.
bears the primary responsibility
for financing a student’s education 7 The school continues to provide support to students as long as
costs, NAIS’s Principles of they demonstrate financial need.
Good Practice for Financial Aid
Administration are designed to 8 The school maintains the same standards of behavior and
serve as guideposts in developing academic performance for recipients of financial aid as it does
professional policies and orderly for nonrecipients.
procedures among schools.
Through these principles, NAIS 9 The school enacts documented procedures that ensure a fair,
affirms its belief that the purpose consistent, and equitable assessment of each family’s ability to
of a financial aid program is to
provide monetary assistance
contribute toward educational expenses.
to those students who cannot
afford the cost of attending an
10 The school makes and communicates financial aid decisions in
independent school. Furthermore, a manner that allows families to make timely, careful, and fully
these principles reflect the informed enrollment decisions.
standards of equity and fairness
NAIS embraces and reassert NAIS’s
ongoing commitment to access Continued on next page
and diversity.

14
FINANCIAL AID
ADMINISTRATION
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Continued from previous page

11 The school establishes administrative and accounting


procedures that distinguish the school’s need-based financial
aid program from tuition assistance programs that are not
based on financial need.
12 The school safeguards the confidentiality of financial aid
applications, records, and decisions while respecting the right
of each family to discuss its own financial aid outcomes in an
appropriate manner.
13 The school supports collaboration between the financial aid
office and other offices within the school.
14 The school supports collegial relationships with other schools
and organizations for professional development, exchange
of best practices, and other information sharing as appropriate
and consistent with applicable antitrust laws.

15
FUNDRAISING
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 The school establishes a well-constructed development plan to


The following principles provide guide its fundraising activities.
common ground for interaction
between independent school 2 The school is mindful and respectful of the cultural and
professionals and their many economic diversity of constituent supporters.
constituents (parents, students,
colleagues at other schools, and 3 The school accepts only gifts that support its mission,
the public). The NAIS Principles character, integrity, and independence.
of Good Practice for member
schools define high standards and 4 The school understands that accepting a gift is accepting the
ethical behavior in key areas of obligation to honor the donor’s intent.
school operations to guide schools
in becoming the best education 5 The school advocates stewardship (preserving and growing
communities they can be, to embed the resources of the school), as well as nurtures, appreciates,
the expectation of professionalism,
and to further our sector’s core
and sustains an ongoing healthy and effective relationship
values of transparency, excellence, with its constituents.
and inclusivity. Accordingly,
membership in NAIS is contingent 6 The school clearly articulates roles and responsibilities
upon agreement to abide by for volunteers.
the spirit of the PGPs.
7 The school safeguards its constituents’ privacy and all
OVERVIEW confidential information.
The advancement program of 8 The school encourages donors to consult with their own
the school should exemplify the professional tax advisors when making charitable gifts.
best qualities of the institution
and reflect the highest standards 9 The school complies with all provisions of the U.S. Tax Code
of personal and professional
that affect charitable giving.
conduct. The following Principles
of Good Practice are addressed
10 The school, as appropriate, discloses to its constituents gifts
to those involved in the school’s
advancement operation: trustees, received through philanthropy.
school heads, development and
alumni/ae officers and staff, 11 To ensure financial sustainability, the school makes certain that
volunteers, consultants, and income earned from endowment is spent wisely and equitably. In
business officers. doing so, the school ensures that endowments maintain their real
value over the years so that future generations benefit as much
or more from endowment as current and past generations.
12 The school adheres to accepted standards concerning the
management and reporting of gift revenues and fundraising
expenditures, and seeks to promote the profession by sharing
its data with relevant professional organizations, such as the
Council for Advancement and Support of Education (CASE),
Council for Aid to Education (CAE), and NAIS.

16
EDUCATING FOR
GLOBAL CITIZENSHIP
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AND INTERNATIONAL
MINDEDNESS

PREAMBLE 1 The school demonstrates a commitment to global education


The following principles provide and international mindedness through its strategic plan and
common ground for interaction policy statements.
between independent school
professionals and their many 2 The school supports and shows evidence of learning and
constituents (parents, students, teaching that challenges students to expand their perspectives
colleagues at other schools, and and understanding of the world they live in, including
the public). The NAIS Principles foreign language acquisition, cross-cultural communication,
of Good Practice for member
schools define high standards and
collaboration, global problem-solving, creative thinking, ethical
ethical behavior in key areas of and empathic decision making, and recognizing different
school operations to guide schools perspectives, among others.
in becoming the best education
communities they can be, to embed 3 The school fosters a climate of respect for all peoples
the expectation of professionalism, and cultures.
and to further our sector’s core
values of transparency, excellence, 4 The school actively seeks opportunities that promote
and inclusivity. Accordingly, global awareness, intercultural experiences, transnational
membership in NAIS is contingent
exchange, travel, and collaboration for its students, faculty,
upon agreement to abide by
the spirit of the PGPs. and administrators.
5 The school emphasizes the value of intercultural
OVERVIEW
communication and commitment to ethical action and service
Independent schools are in a unique locally, nationally, and globally, and at all grade levels.
position to prepare students to be
global citizens, individuals who are 6 The school embraces diversity and promotes an environment
knowledgeable, compassionate, of inclusivity and belonging for students, teachers, and
ethical, curious, and internationally administrators from a range of cultural, national, religious,
minded leaders within a dynami-
cally interconnected world.
and ethnic backgrounds.
7 The school supports professional learning opportunities for
faculty, administrators, and other stakeholders that develop
global awareness, knowledge, and understanding.

17
HEAD SEARCHES
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE SCHOOL SEARCH COMMITTEES


The following principles provide 1 Prior to the formation of the search committee, the board chair
common ground for interaction appoints a small subcommittee of trustees for gathering information
between independent school
professionals and their many
and resources (such as the NAIS Head Search Handbook and
constituents (parents, students, these NAIS Principles of Good Practice) to identify properly the
colleagues at other schools, and appropriate approach to the head of school search in light of
the public). The NAIS Principles the school’s finances, culture, and other characteristics, paying
of Good Practice for member particular attention to forming a search committee, hiring a search
schools define high standards and
consultant, and diversifying the pool of candidates it seeks.
ethical behavior in key areas of
school operations to guide schools
2 Using the background resources, the search committee devises
in becoming the best education
communities they can be, to embed a search process, communicated to the community at large, that
the expectation of professionalism, is fair, inclusive, and orderly and that adheres to local, state,
and to further our sector’s core and federal laws and regulations, including those regarding
values of transparency, excellence, nondiscrimination in employment. The board of trustees examines
and inclusivity. Accordingly, the plan’s addressing of sensitive issues related to confidentiality,
membership in NAIS is contingent
upon agreement to abide by
inclusivity, and the school’s receptivity to change when approving
the spirit of the PGPs. the process recommended by the search committee.
3 The search committee communicates to candidates its protocols,
OVERVIEW
process, and schedule and the care it will take to ensure a search
The following principles of good process that is viewed by candidates as fair, orderly, inclusive,
practice are designed to help and confidential.
independent schools and their
search committees as they embark 4 While assuming a search consultant or subset of the committee
upon the task of selecting a school
will screen files for appropriateness and will make every effort to
head. They are intended to further
the likelihood of a professional and present the school with a finalist pool that is both highly qualified
fair process that is the foundation in terms of the search committee’s criteria and diverse in makeup
for the successful hiring of a new and attributes, the entire search committee is informed about all
head of school. candidates who have applied.
5 Because candidates have sometimes found their positions in their
own schools jeopardized by being candidates at another school,
the early stages of a search are conducted in a manner that ensures
complete confidentiality, and the finalist stages of reference
checking by the search committee are executed with great care,
sensitivity, and consideration of each candidate’s wishes.
6 Contracting with a head of school follows IRS rebuttable
presumption protocols, ensuring that the school is compensating
the new school leader fairly and appropriately.

Continued on next page

18
HEAD SEARCHES
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Continued from previous page

HEAD SEARCH CONSULTANTS

The following principles of good practice for search consultants


and search firms establish the principled standards for the
process and the expectations of professionalism from the search
consultants and search firms.
1 The search consultant (or the search committee chair in the
absence of a consultant) incorporates into the process, as
appropriate, search committee training recommended in
the NAIS Head Search Handbook and facilitates the search
committee’s adherence to NAIS Principles of Good Practice.
2 In outlining procedures to the search committee prior to
entering a written agreement for the services being rendered,
the search consultant provides a full, written description of
services offered, including estimated expenses and fees, makes
known the names of other schools for which he or she actively
is performing a search for persons to fill a similar position, and
limits searches during any given period to a number that will
assure service of high quality to each client school.
3 The search consultant makes every effort to understand the school,
its mission, its culture, its tolerance for change, its preferred
leadership style, and the nature of the position to be filled.
4 The search consultant makes every effort to present the
school with a diverse group of highly qualified candidates.
All principles associated with providing equal opportunity
are observed in the process.
5 The search consultant sees the school, not the individual
candidate, as the primary client.
6 The search consultant respects the confidentiality of each
candidate and impresses upon both search committee and
candidates the importance of discretion.
7 Both the search consultant and the search committee check
candidates’ references with great care.
8 The search consultant keeps the search committee fully informed
about the progress of the assignment throughout the search and
ensures that each candidate is informed appropriately, promptly,
and frequently about the status of his or her candidacy.

19
HEADS OF SCHOOL
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 The head works in partnership with the board of trustees to


The following principles provide establish and refine the school’s mission; articulates the mission
common ground for interaction to all constituencies — students, faculty and staff, parents,
between independent school alumni/ae, and the community; and supports the mission in
professionals and their many working with all constituencies.
constituents (parents, students,
colleagues at other schools, and 2 The head oversees the shaping of the school’s program and the
the public). The NAIS Principles quality of life in the school community.
of Good Practice for member
schools define high standards and 3 The head manages the school in compliance with all applicable
ethical behavior in key areas of
school operations to guide schools
laws and regulations.
in becoming the best education
communities they can be, to embed
4 The head establishes an effective manner of leadership and
the expectation of professionalism, appropriately involves members of the administration and
and to further our sector’s core faculty in decision making.
values of transparency, excellence,
and inclusivity. Accordingly, 5 The head is responsible for attracting, retaining, developing,
membership in NAIS is contingent and evaluating qualified faculty and staff.
upon agreement to abide by
the spirit of the PGPs. 6 The head is accessible, within reason, and communicates
effectively with all constituencies.
OVERVIEW
7 The head is responsible for financial management, maintenance
The primary responsibility of the
of the physical plant, strategic planning, and fundraising.
head of an independent school
is to carry out the school’s stated
8 The head ensures that every element of school life reflects the
mission. While there are profoundly
different ways to accomplish this principles of equity, justice, and the dignity of each individual.
goal, NAIS offers the following
principles as guideposts for all 9 The head is alert to his or her role within the broader networks
heads engaged in this rewarding, of schools, school leaders, and the community.
complex job.
10 The head works to ensure that the principles of good practice of
all school operations, especially those of admission, marketing,
faculty recruitment, and fundraising, demonstrate integrity at
all levels of the school.

20
HIRING PROCESS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE THE SCHOOL’S OBLIGATIONS


The following principles provide 1 The school has a stated procedure governing its hiring process
common ground for interaction and a strategic recruiting plan that includes strategies for
between independent school
professionals and their many
seeking candidates who will add to the racial, cultural, and
constituents (parents, students, gender diversity of the institution.
colleagues at other schools, and
the public). The NAIS Principles 2 The school identifies means by which to advertise the position
of Good Practice for member to various pools of potential candidates, including those not
schools define high standards and currently employed by independent schools, and makes current
ethical behavior in key areas of staff aware of openings as they become public and available.
school operations to guide schools
in becoming the best education 3 The school creates a complete job description for each available
communities they can be, to embed
the expectation of professionalism,
position. This description outlines the main responsibilities
and to further our sector’s core and expectations of the position, as well as any significant other
values of transparency, excellence, activities that may be asked of the candidate.
and inclusivity. Accordingly,
membership in NAIS is contingent 4 The hiring and interview process includes the people who will be
upon agreement to abide by directly involved with the candidate in his or her new position.
the spirit of the PGPs.
5 The school and its representatives follow the laws that govern
OVERVIEW hiring practices and focus fairly and consistently with every
applicant on the talent, skills, and abilities needed for the job,
The quality of the hiring process
sets the tone for a mutually
disclosing all information that is necessary for the candidate to
satisfying relationship between make a well-informed decision.
the school and the candidate and
communicates to the candidate 6 When inviting a candidate to the school, the school explains who
the spirit and values of the is to be responsible for expenses and what the visit will entail.
institution. The values that infuse
these guidelines can be applied 7 The school keeps all candidates informed about the hiring
to any hiring process, whether schedule and decision timeline.
that process involves the use of
placement agencies or is fully 8 In performing its due diligence, the school performs
managed by the school. NAIS appropriate background and reference checks to validate a
encourages schools to adopt these
principles and to share them with
candidate’s education and employment history, focusing on
candidates as appropriate. the ability of the individual to fulfill the professional duties
of the position and to confirm the individual’s suitability to
work with children. The school does not finalize the hiring of
a new employee without completing a reference call with the
individual’s most recent employer, after securing permission
to contact that employer from the candidate.

Continued on next page

21
HIRING PROCESS
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Continued from previous page

9 When making an offer to a candidate, the school provides all


relevant information, including compensation, job expectations,
and working conditions.
10 The school affords candidates a reasonable period of time to
consider an offer.
11 When the selected candidate accepts the job, the school
contacts the other candidates to notify them that the position
has been filled.

THE CANDIDATE’S OBLIGATIONS


1 The candidate discloses all information that is necessary for
the school to make a well-informed decision.
2 The candidate accepts an invitation to visit at the school’s
expense only if he or she is seriously interested in a position.
3 The candidate responds to an offer within a reasonable period
of time.
4 The candidate notifies the current employer as soon as
reasonably possible of any plans to work for another employer.

22
INDEPENDENT
SCHOOL TRUSTEES
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PREAMBLE 1 A trustee actively supports and promotes the school’s mission,


The following principles provide vision, strategic goals, and policy positions.
common ground for interaction
between independent school 2 A trustee is knowledgeable about the school’s mission and goals,
professionals and their many including its commitment to equity and justice, and represents
constituents (parents, students, them appropriately and accurately within the community.
colleagues at other schools, and
the public). The NAIS Principles 3 A trustee stays fully informed about current operations and
of Good Practice for member issues by attending meetings regularly, coming to meetings
schools define high standards and well prepared, and participating fully in all matters.
ethical behavior in key areas of
school operations to guide schools 4 The board sets policy and focuses on long-range and strategic
in becoming the best education
communities they can be, to embed
issues. An individual trustee does not become involved directly
the expectation of professionalism, in specific management, personnel, or curricular issues.
and to further our sector’s core
values of transparency, excellence, 5 The trustee takes care to separate the interests of the school
and inclusivity. Accordingly, from the specific needs of a particular child or constituency.
membership in NAIS is contingent
upon agreement to abide by 6 A trustee accepts and supports board decisions. Once a
the spirit of the PGPs. decision has been made, the board speaks as one voice.

OVERVIEW 7 A trustee keeps all board deliberations confidential.


The following principles are 8 A trustee guards against conflict of interest, whether personal
set forth to provide a common or business related.
perspective on the responsibilities
of individual members of 9 A trustee has the responsibility to support the school and its
independent school boards.
head and to demonstrate that support within the community.
10 Authority is vested in the board as a whole. A trustee who learns
of an issue of importance to the school has the obligation to
bring it to the head of school, or to the board chair, and must
refrain from responding to the situation individually.
11 A trustee contributes to the development program of the school,
including strategic planning for development, financial support,
and active involvement in annual and capital giving.
12 Each trustee, not just the treasurer and finance committee,
has fiduciary responsibility to the school for sound financial
management.

23
MIDDLE SCHOOL
EDUCATORS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 Middle school educators provide specific programs aimed at


The following principles provide creating a bias-free environment, safe and inclusive for all,
common ground for interaction which focuses on eliminating cliques and establishes a climate
between independent school where bullying is unacceptable. Programs should support each
professionals and their many student’s need to develop a distinct self-concept and to be
constituents (parents, students, recognized as an individual and as a member of the group.
colleagues at other schools, and
the public). The NAIS Principles 2 Middle school educators and all personnel who interact with
of Good Practice for member
schools define high standards and
middle school students have a thorough understanding of the
ethical behavior in key areas of patterns of physical, intellectual, social, and emotional growth
school operations to guide schools of their students. They like to work with this age group and
in becoming the best education have chosen middle school as their first interest.
communities they can be, to embed
the expectation of professionalism, 3 Middle school educators actively engage parents as partners
and to further our sector’s core in recognizing the implications of the significant changes
values of transparency, excellence,
affecting middle school children. At this stage in a child’s
and inclusivity. Accordingly,
membership in NAIS is contingent life, parent and teacher interaction is especially important.
upon agreement to abide by Therefore, educators should actively seek ways for parents and
the spirit of the PGPs. teachers to interact, especially in programs that address issues
affecting middle school student development.
OVERVIEW
4 Middle school educators work to ensure a smooth transition
Middle school is a unique period experience for students and parents entering and leaving the
in the educational life of a
student. Youngsters experience
middle school years.
a variety of significant changes,
both individually and collectively.
5 Middle school educators teach to the growing intellectual and
The range of academic ability social abilities of their students while employing a wide range
and physical and emotional of pedagogical techniques and assessment strategies to ensure
development is huge. Relationships all students are successfully challenged.
among adolescents, not to
mention with their parents, change 6 Middle school educators help students learn to make
on a daily basis. Middle school responsible choices and understand the consequences of their
educators have the responsibility
actions, including the use of technology on campus.
to respond to and provide for the
unique developmental needs and
7 Middle school educators create opportunities that are
characteristics of their students.
especially appropriate for middle school students so that
they can develop a sense of belonging to and responsibility
for their own communities. This approach promotes issues of
sustainability and a better understanding of students’ roles in
an interconnected and global society.

24
PARENTS
WORKING WITH SCHOOLS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

AND SCHOOLS WORKING


WITH PARENTS

PREAMBLE PARENTS WORKING WITH SCHOOLS


The following principles provide 1 Parents recognize that effective partnerships are characterized
common ground for interaction by clearly defined responsibilities, a shared commitment to
between independent school
professionals and their many
collaboration, open lines of communication, mutual respect,
constituents (parents, students, and a common vision of the goals to be reached.
colleagues at other schools, and
the public). The NAIS Principles 2 In selecting an independent school, parents seek an optimal
of Good Practice for member match for the needs of the student, their own expectations, and
schools define high standards and the philosophy and programs of the school.
ethical behavior in key areas of
school operations to guide schools 3 Parents are familiar with and support the school’s policies
in becoming the best education and procedures.
communities they can be, to embed
the expectation of professionalism, 4 Parents provide a home environment that supports the
and to further our sector’s core
development of positive learning attitudes and habits.
values of transparency, excellence,
and inclusivity. Accordingly, 5 Parents involve themselves in the life of the school.
membership in NAIS is contingent
upon agreement to abide by 6 Parents seek and value the school’s perspective on the student.
the spirit of the PGPs.
7 When concerns arise, parents seek information directly from the
OVERVIEW school, consulting with those best able to address the concerns.
Parents and independent schools
work together to create and 8 The school suggests effective ways for parents to support the
sustain effective partnerships. The educational process.
following principles describe the
respective roles and responsibilities SCHOOLS WORKING WITH PARENTS
of both partners.
1 The school recognizes that effective partnerships are
characterized by clearly defined responsibilities, a shared
commitment to collaboration, open lines of communication,
mutual respect, and a common vision of the goals to be reached.
2 The school clearly and fully presents its philosophy, program,
and practices to parents during the admission process and
encourages dialogue that clarifies parental expectations and
aspirations for the student.

Continued on next page

25
PARENTS
WORKING WITH SCHOOLS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

AND SCHOOLS WORKING


WITH PARENTS

Continued from previous page

3 The school seeks and values the parents’ perspective on the student.

4 Teachers and administrators are accessible to parents and


model candid and open dialogue.
5 The school keeps parents well informed through systematic
reports, conferences, publications, and informal conversations.
6 The school defines clearly how it involves parents when
considering major decisions that affect the school community.
7 The school offers and supports a variety of parent education
opportunities.
8 The school suggests effective ways for parents to support the
educational process.
9 The school actively seeks the knowledge it needs to work
effectively with a diverse parent body.

26
SECONDARY SCHOOL
EDUCATORS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREAMBLE 1 Secondary school educators help students become passionate,


The following principles provide serious scholars capable of effective communication, sustained
common ground for interaction work, independent thought, meaningful collaboration, and
between independent school original expression.
professionals and their many
constituents (parents, students, 2 Secondary school educators use their training and knowledge
colleagues at other schools, and of their disciplines to design programs appropriate to the
the public). The NAIS Principles developmental characteristics of this age.
of Good Practice for member
schools define high standards and 3 Secondary school educators employ a range of teaching and
ethical behavior in key areas of
school operations to guide schools
assessment strategies that invite students to learn and to
in becoming the best education demonstrate their learning in a variety of ways.
communities they can be, to embed
the expectation of professionalism, 4 Secondary school educators teach to the learning styles,
and to further our sector’s core abilities, and life experiences of their students.
values of transparency, excellence,
and inclusivity. Accordingly, 5 Secondary school educators develop and sustain relationships
membership in NAIS is contingent with colleagues that benefit their students and further their
upon agreement to abide by own professional growth.
the spirit of the PGPs.
6 Secondary school educators develop and sustain relationships
OVERVIEW with parents that support each student’s well-being and
Secondary school educators increasing autonomy.
are committed to helping their
students move from adolescence 7 Secondary school educators take responsibility for being
to young adulthood. role models.
8 Secondary school educators affirm and defend the dignity
and worth of each member of the community and maintain an
environment that fosters respect.
9 Secondary school educators help students take more and more
responsibility for themselves and the multiple communities in
which they live.
10 Secondary school educators prepare students to take advantage
of subsequent opportunities for learning and to take their places
as members of a democratic society and the global community.

27
TEACHERS AND
SUPERVISORS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

OF TEACHERS
PREAMBLE TEACHERS
The following principles provide 1 The teacher has a thorough knowledge appropriate for his
common ground for interaction or her teaching assignment and stays abreast of recent
between independent school
professionals and their many
developments in the field.
constituents (parents, students,
colleagues at other schools, and
2 The teacher uses a variety of teaching techniques suitable to the
the public). The NAIS Principles age and needs of the students and subject matter being taught.
of Good Practice for member
schools define high standards and 3 The teacher establishes positive relationships with students,
ethical behavior in key areas of which, while recognizing the differing roles of adult and child,
school operations to guide schools are characterized by mutual respect and good will.
in becoming the best education
communities they can be, to embed 4 The teacher collaborates with colleagues and the school’s
the expectation of professionalism, leadership in the design and implementation of curriculum
and to further our sector’s core
within the context of the school’s overall program and mission.
values of transparency, excellence,
and inclusivity. Accordingly, 5 The teacher initiates growth and change in his or her own
membership in NAIS is contingent
upon agreement to abide by intellectual and professional development, seeking out
the spirit of the PGPs. conferences, courses, and other opportunities to learn.
6 The teacher is self-aware and self-monitoring in identifying
OVERVIEW
and solving student, curricular, and school problems. At the
Entrusted with the education of same time, the teacher knows the mission and policies of the
children, the independent school school and, when questions or concerns arise, raises them with
teacher promotes the best interests
of the child within the context of
appropriate colleagues and supervisors.
the school’s philosophy. Those who
7 The teacher serves his or her school outside the classroom in
supervise teachers are responsible
for the quality of teaching and for a manner established by the individual school and consistent
promoting growth in those who with the responsibilities of a professional educator. For example,
teach. The following principles teachers often serve as advisers, coaches, or activity sponsors.
provide guidelines for teachers
and supervisors of teachers. 8 The teacher participates in the establishment and maintenance
of an atmosphere of collegial support and adherence to
professional standards.
9 The teacher welcomes supervision in the context of clearly
defined and well communicated criteria of evaluation.

Continued on next page

28
TEACHERS AND
SUPERVISORS
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OF TEACHERS
Continued from previous page

10 The teacher models integrity, curiosity, responsibility, creativity,


and respect for all persons as well as an appreciation for racial,
cultural, and gender diversity.

SUPERVISORS OF TEACHERS
1 The supervisor has thorough knowledge appropriate to his
or her supervisory assignment and stays abreast of recent
developments in the field. The supervisor also exemplifies in his
or her own work with faculty members the qualities that he or
she hopes to develop in the faculty.
2 The supervisor develops and administers a comprehensive
system of hiring, consistent with the policies of the school,
which results in the appointment of the best-qualified
candidate and a well-informed match between school and
teacher. Throughout the hiring and supervisory processes, the
supervisor values racial, cultural, and gender diversity.
3 The supervisor ensures that faculty members new to the school
receive orientation and support sufficient for them to work
effectively and with confidence that they are carrying out the
educational mission, policies, and procedures of the school.
4 The supervisor ensures that teachers are informed of both praise
and criticism of their work and that useful support and assistance
are available to each teacher to improve the quality of teaching.
5 The supervisor makes available to all faculty members on an
equitable basis whatever resources the school can provide for
professional growth and development, both inside and outside
the school.
6 The supervisor encourages and challenges teachers to initiate
curricular improvement by providing the necessary time
and resources and by creating structures to foster faculty
collaboration on curriculum development.

Continued on next page

29
TEACHERS AND
SUPERVISORS
FILED DATE: 3/15/2024 11:48 AM 2022L003763

OF TEACHERS
Continued from previous page

7 The supervisor leads faculty members in upholding high


standards of professional behavior and responds immediately
when behavior occurs that is harmful to children or harmful to
the school community.
8 The supervisor evaluates and works to improve teaching through
classroom visits, discussions with teachers, and other methods
that are fair and consistent with the practices of the individual
school. Evaluation is based on clearly articulated criteria that
teachers have helped define and occurs in a context of respect
for the teacher’s professional knowledge and decision-making
capability. The supervisor also monitors his or her own work by
inviting suggestions and critiques from teachers.
9 When a faculty member’s future in the school is in question,
the supervisor devotes sufficient attention and resources
to ensure that the situation is resolved or that the faculty
member’s departure from the school is handled with attention
to due process and the dignity of the individual.
10 The supervisor ensures that all personnel policies are clearly
articulated to faculty members and makes every effort to promote
the establishment of salaries and benefits commensurate with
the professional responsibilities of teaching.

30
TEACHING
AND LEARNING
FILED DATE: 3/15/2024 11:48 AM 2022L003763

IN THE DIGITAL AGE

PREAMBLE LEADERSHIP
The following principles provide 1 The school regularly evaluates its use of technology to support
common ground for interaction its mission, goals, and program.
between independent school
professionals and their many 2 School leadership incorporates technology considerations into
constituents (parents, students,
colleagues at other schools, and
strategic planning and creates a sustainable financial model for
the public). The NAIS Principles its technology commitments.
of Good Practice for member
schools define high standards and 3 The school’s technology leader is a member of one of the school
ethical behavior in key areas of leadership teams and has the training, authority, and support
school operations to guide schools needed to influence key areas of policy development, decision
in becoming the best education making, budget, and management.
communities they can be, to embed
the expectation of professionalism, 4 The school ensures that faculty, staff, and students have
and to further our sector’s core
equitable access to the technologies they need to support the
values of transparency, excellence,
and inclusivity. Accordingly, school’s mission, goals, and program.
membership in NAIS is contingent
upon agreement to abide by 5 The school recognizes that any innovative teaching and
the spirit of the PGPs. learning exploration, including technology innovation,
often requires significant support for faculty professional
OVERVIEW development and flexibility in schedule and program.
Digital technologies provide 6 School leadership establishes school-wide expectations and
increasingly powerful tools and provides ongoing professional development regarding the
offer a variety of educational
opportunities that can improve
integration of educational technology into the school curriculum.
teaching and learning. These
principles offer crucial guidelines
7 School leadership, academic leadership, and technology
for administrators, teachers, and leadership work together to ensure the development,
technology staff in planning and implementation, and evaluation of technology at the school.
managing the role of technology
in independent schools. 8 School leadership regularly investigates and evaluates
how emerging technologies impact, or may impact, the
sustainability of their academic and financial models.

TEACHING AND LEARNING


1 Educators research, evaluate, and employ technology as
befits their mission and philosophy to provide differentiated
personalized instruction and to achieve curricular goals.

Continued on next page

31
TEACHING
AND LEARNING
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IN THE DIGITAL AGE

Continued from previous page

2 Educators understand that content is readily available with


technology and design environments to transform the relationship
between teacher and learner, engaging students in higher-order
thinking skills, creation of content, and critical thinking.
3 Educators embrace technologies that promote a culture of
participatory and collaborative approaches to learning (such as
inquiry-based, student-centered, flipped classroom, and project-
and problem-based learning).
4 Educators model and empower learners to effectively practice
media and information literacies inside and outside the classroom
as content creators and consumers.
5 Educators promote networking opportunities for their students
and teachers to collaborate locally and globally.
6 Educators evaluate opportunities to leverage online and/or hybrid
learning environments and implement them when they enhance
student learning.
7 Educators explore technology-enriched and adaptive formative
assessments for sophisticated and customized skills evaluation
that reveal growth over time and that inspire intrinsic motivation
to improve learning.

PROFESSIONAL GROWTH AND LEARNING


1 The school recognizes a critical factor in technology integration
is the teacher’s sustained professional growth by creating
a culture of continuous growth and adequate support for
innovation and learning.
2 School leadership encourages educators to seek out opportunities
to build learning networks and to explore and evaluate digital tools.

Continued on next page

32
TEACHING
AND LEARNING
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IN THE DIGITAL AGE

Continued from previous page

3 The school includes technology integration as an essential


component of its professional development, provides the
necessary time and resources for it, and ensures that educators
acquire and demonstrate essential technology skills and
proficiencies.
4 Teachers’ use of technology for teaching and learning is
included in the school’s teacher evaluation process, as
appropriate for the school’s mission and philosophy.

INFRASTRUCTURE AND ADMINISTRATIVE OPERATIONS


1 The school uses technology to improve the efficiency and
effectiveness of administrative operations.
2 The school provides adequate staffing and infrastructure
appropriate for its size and operation.
3 The school maintains, protects, reviews, and enhances its
technological resources (data, network, software, and hardware)
each year.
4 The school provides timely support for digital resources and
the people who use them.
5 The school establishes renewal plans, replacement cycles, and
disposal plans for technology equipment.

Continued on next page

33
TEACHING
AND LEARNING
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IN THE DIGITAL AGE

Continued from previous page

DIGITAL ETHICS
1 The school engages in ethical business practices in its digital
technology initiatives, including considering the public purpose
opportunities of online course offerings that extend beyond its
own school community.
2 The school adheres to the NAIS Principles of Good Practice
for Admissions in its online courses and “in establishing
policies, procedures, and goals for student recruitment and
enrollment, the school makes inclusivity a central tenet, while
also complying with local, state, and federal laws.”
3 The school operates under a clear set of practices/guidelines
for maintaining privacy, confidentiality, and security in its use
of digital technology.
4 The school develops a responsible-use policy that is framed
in the positive, flexible enough to accommodate changes in
technology, and frequently reviewed.
5 Educators teach, model, and expect safe, healthy, ethical, legal,
and responsible use of digital resources and social media by
students and parents.
6 The school develops a policy regarding faculty and student
interactions on social media sites.
7 The school provides up-to-date information on fair use,
copyright, and Creative Commons information and requires
compliance by faculty, staff, and students.
8 The school establishes a curriculum-based digital citizenship/
digital responsibility program that includes ongoing
discussions of online behavior, cyberbullying, and respectful
and legal use of online tools.
9 The school stays current on issues, events, and concerns related
to online behavior and digital citizenship and informs faculty,
students, and parents when appropriate.

34
FILED DATE: 3/15/2024 11:48 AM 2022L003763

EXHIBIT C
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.5
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

TITLE 23: EDUCATION AND CULTURAL RESOURCES


SUBTITLE A: EDUCATION
CHAPTER I: STATE BOARD OF EDUCATION
SUBCHAPTER l: NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS

PART 425
VOLUNTARY REGISTRATION AND RECOGNITION OF NONPUBLIC SCHOOLS

Section
425.5 Definitions
425.10 Purpose and Applicability
425.20 Requirements for Registration
425.30 Requirements for Recognition
425.40 Process for Initial Recognition
425.50 Renewal of Recognition
425.60 Changes in Recognition Status (Repealed)
425.70 Appeals (Repealed)
425.75 Other Recognition Considerations
425.80 Block Grant Funds
425.90 Textbook Block Grant Program
425.100 Necessary Costs and Fees

AUTHORITY: Implementing Sections 2-3.25o, 3.51.5, 2-3.155 and authorized by Sections 2-


3.6 and 2-3.51.5 of the School Code [105 ILCS 5] and Section 5 of the Invest in Kids Act [30
ILCS 40].

SOURCE: Adopted at 33 Ill. Reg. 17123, effective December 7, 2009; amended at 36 Ill. Reg.
2241, effective January 26, 2012; amended at 37 Ill. Reg. 9492, effective June 19, 2013;
amended at 39 Ill. Reg. 2219, effective January 22, 2015; amended at 40 Ill. Reg. 5027, effective
March 2, 2016; amended at 42 Ill. Reg. 5912, effective March 15, 2018; amended at 44 Ill. Reg.
16779, effective September 29, 2020; emergency amendment at 45 Ill. Reg. 14233, effective
October 28, 2021, for a maximum of 150 days; emergency amendment to emergency rule at 45
Ill. Reg. 15362, effective November 22, 2021, for the remainder of the 150 days; emergency rule
as amended expired March 26, 2022; amended at 46 Ill. Reg. 6491, effective April 11, 2022.
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.5
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.5 Definitions

"Design Professional" means an architect licensed to practice in Illinois under the


Illinois Architecture Practice Act of 1989 [225 ILCS 305], an engineer licensed to
practice in Illinois under the Professional Engineering Practice Act of 1989 [225
ILCS 325], or an engineer licensed to practice in Illinois under the Structural
Engineering Practice Act of 1989 [225 ILCS 340]. A design professional must be
knowledgeable about the local building codes applicable to the school.

"School" means a nonpublic elementary or secondary school as defined in 105


ILCS 5/2-3.25o.

"School Code" or "Code" means 105 ILCS 5.

"State Board" means the State Board of Education.

"State Superintendent" means the State Superintendent of Education.

(Source: Amended at 46 Ill. Reg. 6491, effective April 11, 2022)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.10
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.10 Purpose and Applicability

Section 2-3.25o of the School Code requires the State Board to provide for the voluntary
registration and recognition of nonpublic elementary and secondary schools, as defined in that
Section. Further, Sections 2-3.51.5 and 2-3.155 of the Code make State-recognized, nonpublic
schools eligible to receive funds under certain block grant programs.

a) The purpose of this Part is to set forth:

1) the requirements and procedures for nonpublic schools' voluntary


registration;

2) the requirements and procedures for nonpublic schools' voluntary


recognition;

3) the requirements and procedures for nonpublic schools' receipt of funding


under Section 2-3.51.5 of the Code; and

4) the requirements for monitoring nonpublic schools' use of funding under


Section 2-3.155 of the Code.

b) This Part does not apply to special education facilities under Section 14-7.02 of
the School (see 23 Ill. Adm. Code 401).

c) Nothing in this Part may be construed as relieving a nonpublic school from the
duty to comply with any other applicable State or federal law or regulatory
requirement.

(Source: Amended at 44 Ill. Reg. 16779, effective September 29, 2020)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.20
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.20 Requirements for Registration

a) The State Superintendent of Education will make available an application to be


used for schools' voluntary registration. A school's initial registration may occur
at any time from October 1 through June 30 of the relevant school year. Initial
registration of a school must occur by means of an application process specified
by the State Superintendent. Each registration application must be received by
the State Board no later than June 25 for the school to be registered by June 30.

1) Descriptive information that must be submitted by the school shall


include, but is not limited to, the following:

A) the name of the school, its location and telephone number, its
affiliation, and the name of the chief school administrator;

B) demographic and other data on the enrolled students, including a


student's race, ethnicity, and grade level; and

C) data on the staff employed in various capacities.

2) The chief school administrator of each school shall provide assurances to


the State Superintendent that the school can document the following:

A) the school offers:

i) an academic term of at least 176 days of pupil attendance


annually that meets the current statutory requirements
regarding minimum hours of instruction per day (see
Section 10-19.05 of the Code);

ii) at least 880 per-pupil clock hours of instruction annually;


or

iii) an academic term that satisfies any other minimum


instructional requirement established in statute that is
applicable to public schools, including possible
incorporation of exceptions provided for public schools;

B) it provides instruction in English, except as otherwise permitted


pursuant to Section 27-2 of the Code, in the branches of education
taught to children of corresponding age and grade in the public
schools [105 ILCS 5/26-1], including the language arts,
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.20
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

mathematics, the biological, physical and social sciences, the fine


arts, and physical development and health [105 ILCS 5/27-1];

C) it requires the students who are enrolled to attend daily during the
school's entire regular school term;

D) the physical facilities occupied by the school comply with the


applicable local building code and fire safety requirements;

E) it requires evidence that, and furnishes to the State Superintendent,


the required reports regarding the extent to which students have
complied with the requirements of Section 27-8.1 of the Code and
the rules of the Department of Public Health at 77 Ill. Adm. Code
665 with respect to health examinations, immunizations, eye
examinations, and dental examinations; and cooperates in the
implementation of the Child Vision and Hearing Test Act [410
ILCS 205] and the rules of the Department of Public Health at 77
Ill. Adm. Code 675 and 685 regarding hearing and vision
screenings, respectively;

F) it complies with the applicable requirements of Section 22-30 of


the Code, to the extent that the school allows the self-
administration and self-carry of asthma medication, diabetes
medication, and/or epinephrine auto-injectors, Section 22-33 of the
Code, the Care of Students with Diabetes Act, 23 Ill. Adm. Code
1.540 (Undesignated Epinephrine Auto-injectors; Opioid
Antagonists), to the extent that the school allows the administration
of undesignated epinephrine auto-injectors or opioid antagonists,
and any other law or rule pertaining to the administration or self-
administration of prescription or non-prescription medications;

G) it can document that each student participating in interscholastic


athletics has had an annual physical examination (23 Ill. Adm.
Code 1.530) and that it complies with the concussion policy and
other requirements under Section 22-80 of the Code and Section
1.20 of the Interscholastic Athletic Organization Act;

H) it complies with applicable federal and State laws prohibiting


discrimination, including, but not limited to, Title IX of the
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the
Individuals with Disabilities Education Improvement Act of 2004
(20 U.S.C. 1400 et seq.), the Age Discrimination in Employment
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.20
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Act of 1967 (29 U.S.C. 621 et seq.), Titles VI and VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq., 2000e et seq.), the
Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), the School Code, and relevant case law; and

I) it complies with applicable State and federal laws, relevant case


law, and State and federal rules and regulations.

3) The chief school administrator of each school must provide evidence to


the State Superintendent that the school is a not-for-profit entity that is
subject to the General Not For Profit Corporation Act of 1986 [805 ILCS
105] or is incorporated as a not-for-profit entity in another state and
authorized to do business in the State of Illinois pursuant to the Business
Corporation Act of 1983 [805 ILCS 5]. The evidence provided must
consist of the file number assigned to the not-for-profit entity by the
Illinois Secretary of State, Department of Business Services. Under
certain circumstances, as determined by the State Superintendent, the State
Superintendent may accept an alternative form of evidence from the chief
school administrator to satisfy the requirements of this subsection (a)(3).

4) The chief school administrator of each school must provide documentation


that it complies with the requirements of Section 2-3.13a of the Code and
23 Ill. Adm. Code 375.75.

b) Upon receipt of complete information for initial registration, including the


required assurances, the State Superintendent must assign a unique identifying
number to the school. This number is evidence of completed registration and
permits the school's chief school administrator to apply for a user account
affording access to the Illinois Web Application Security (IWAS) System, which
the school may then use to exchange information with the State Superintendent as
relevant to its situation.

c) The application for renewal of a school's registration in any subsequent year must
be submitted no sooner than October 1 and no later than November 15 of that
school year or when prescribed by the State Superintendent. Annual renewal of a
school's registration must be performed in a manner prescribed by the State
Superintendent and must be submitted only by the school's chief school
administrator.

d) The chief school administrator of each school applying to renew its registration
must submit to the State Superintendent the same information and assurances
required in subsection (a).
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.20
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

e) The State Superintendent may only register schools that have two or more of
grades pre-kindergarten through 12.

f) Each school that is registered must have access to official documentation of the
school's status. The State Superintendent must maintain a publicly available list of
registered schools by school year for, at a minimum, the preceding 5 school years.

(Source: Amended at 46 Ill. Reg. 6491, effective April 11, 2022)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.30
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.30 Requirements for Recognition

a) No school may be considered for recognition unless it was registered for the
immediately previous school year and has renewed that registration for the current
school year. Some requirements listed in this Part do not apply to a school whose
educational program is delivered via correspondence, online, or through other
similar means in acknowledgment of the fact that students participating in a
school of this type do not gather in a physical location.

b) Each school's recognition is contingent upon evidence of compliance with


requirements made applicable to schools by relevant statutes, case law, Executive
Orders, and rules and regulations including, but not limited to, those set forth in
this Part.

c) Each school seeking initial recognition or renewal of recognition must comply


with the requirements of Section 425.20.

d) Administrative Requirements

1) A school must document to the State Superintendent that it complies with


the requirements of:

A) Section 4 of the Abused and Neglected Child Reporting Act [325


ILCS 5], Section 5 of the Missing Children Records Act [325 ILCS
50], Section 5 of the Missing Children Registration Law [325
ILCS 55], and the rules of the State Board promulgated pursuant to
Section 2-3.13a of the Code (23 Ill. Adm. Code 375.75).

B) The School Reporting of Drug Violations Act [105 ILCS 127].

C) Sections 10-27.1A and 10-27.1B of the Code regarding firearms


and drug-related incidents in schools.

D) Section 10-21.7 of the Code regarding the reporting of attacks on


school personnel.

2) The school must document to the State Superintendent that:

A) It maintains written descriptions of its governance structure and its


policy-making procedure, maintains its policies in written form,
and makes its policies routinely available to parents of the students
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enrolled and to school staff, as well as to other individuals upon


request; or

B) It maintains a written description of its methods for complying


with the nondiscrimination requirements identified in Section
425.20(a)(2)(H).

e) Educational Program

1) The school must document that instruction is provided in English, except


as otherwise permitted pursuant to Section 27-2 of the School Code, in the
branches of education taught to children of corresponding age and grade
in the public schools (Section 26-1 of the Code), including the language
arts, mathematics, the biological, physical and social sciences, the fine
arts, and physical development and health (Section 27-1 of the Code).

2) Each school supported or maintained wholly or in part by public funds


must document that it:

A) provides instruction in American patriotism, the principles of


representative government, as enunciated in the American
Declaration of Independence, the Constitution of the United States
of America and the Constitution of the State of Illinois, and the
proper use and display of the American flag (Section 27-3 of the
Code);

B) leads students in the Pledge of Allegiance daily (Section 27-3 of


the Code);

C) devotes not less than one hour per week to the study of the subject
matter identified in subsection (e)(2)(A) in grades 7 and 8 or their
equivalent and in all high school grades (Section 27-4 of the
Code);

D) ensures that no student receives a certificate of graduation without


passing an examination on the subjects listed in subsection
(e)(2)(A) (Section 27-3 of the Code); and

E) ensures that no student shall be graduated from the eighth grade


unless that student has received instruction in the history of the
United States and has given evidence of a comprehensive
knowledge of the subject. (Section 27-21 of the Code)
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3) The school must provide health education as required by the Critical


Health Problems and Comprehensive Health Education Act [105 ILCS
110].

f) Personnel Requirements
The school must document that:

1) it requires from each new employee evidence of physical fitness to


perform duties assigned and freedom from communicable disease (Section
24-5(b) of the Code). A new or existing employee may be subject to
additional health examinations, including screening for tuberculosis, as
may be required under the administrative rules of the Department of
Public Health at 77 Ill. Adm. Code 696 or any other relevant statute, case
law, or administrative rule;

2) its personnel policies require:

A) monitoring the performance of each employee who provides or


assists with instruction or has other instructional responsibilities
(e.g., teachers, teacher aides, administrators, department chairs);
and

B) formal evaluation at least every two years in terms of proficiency


and competency;

3) students' needs for support services such as counseling and social work are
evaluated when school staff believe consideration is needed, such as when
there are changes in the student body or stresses within the surrounding
community, and the school's staffing configuration reflects decision-
making about how those needs should be addressed;

4) each individual first assigned to a full-time teaching or administrative


position at or after the beginning of the 2011-12 school year shall hold a
bachelor's or higher degree;

5) each individual first assigned to a full-time teaching or administrative


position prior to the beginning of the 2011-12 school year who does not
hold a bachelor's or higher degree shall participate annually in
professional development that is demonstrably designed to strengthen that
individual's knowledge and skills in areas directly related to job duties
(e.g., content-area knowledge or pedagogy for teaching staff, and
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administration, supervision, evaluation, or school management for


administrators); and

6) each individual employed in a nonteaching or nonadministrative field


requiring licensure (e.g., school nurses) holds and practices within the
scope of the relevant license.

g) Health and Safety


The school must document that:

1) the physical facilities occupied by the school comply with the applicable
local building code and fire safety requirements. This compliance may be
documented with any of the following:

A) For each school whose geographic location falls within the


jurisdiction of a code authority, a copy of a certificate of
occupancy issued by that authority, or a copy of a report of the
most recent safety and fire inspection conducted by or on behalf of
the relevant local authority and valid for the upcoming school year.

B) For each school not located within the jurisdiction of any code
authority, a letter provided by a design professional indicating that
the design professional has evaluated the facility and found no
condition that would constitute a threat to the health and safety of
the occupants and no condition that would constitute an obvious
violation of the building code under Section 180.60.

C) For any school, the State Superintendent may accept a report from
an individual other than a local authority or design professional.

2) if the school provides reimbursable food service, the nutrition program


and the facilities used must comply with the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), and the School Breakfast and Lunch
Program Act [105 ILCS 125];

3) it has a wellness policy on file that complies with the requirements of the
Child Nutrition and WIC Reauthorization Act of 2004 (section 204 of
Public Law 108-265; 42 U.S.C. 1751 et seq.);
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4) it complies with the requirements of the School Safety Drill Act [105
ILCS 128], including conducting a review of the plan in accordance with
Section 25(f) of that Act;

5) it complies with the requirements of the Eye Protection in School Act [105
ILCS 115];

6) it complies with the requirements of the Toxic Art Supplies in Schools Act
[105 ILCS 135];

7) it complies with the applicable requirements of the Asbestos Abatement


Act [105 ILCS 105]; and

8) it complies with the requirements of Section 22-80 of the School Code.

(Source: Amended at 46 Ill. Reg. 6491, effective April 11, 2022)


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Section 425.40 Process for Initial Recognition

A school may choose whether to seek recognition under subsection (a) or subsection (b). An
application for initial recognition may be submitted at any time.

a) Direct Recognition

1) The chief school administrator of a registered school must submit an


application for recognition, using a format specified by the State
Superintendent. The application must include summary information about
the school, including but not limited to, various assurances of compliance
and information about its educational program.

2) Upon receipt of a complete application, the State Superintendent must


schedule a recognition visit and empanel a review team, whose members
must, at a minimum, include the following people, unless this requirement
is waived by the State Superintendent due to extenuating circumstances.
The State Superintendent may authorize the school to select the team
members from subsections (a)(2)(B) and (C).

A) a representative of the State Superintendent;

B) an individual who is familiar with the public educational milieu,


such as an administrative or instructional employee of a school
district or regional office of education or a representative of a
department of education at a public college or university; and

C) an individual who is familiar with the nonpublic educational


milieu, such as a representative of a nonpublic school, other than
the school whose recognition is being considered, or a
representative of a department of education at a nonpublic college
or university.

3) As part of a school visit, the team must observe the operations of the
school, review the required documentation, and, in a format specified by
the State Superintendent, prepare a report of its findings for the
consideration of the State Superintendent to determine the recognition of
the school as either Fully Recognized or Recognized Pending Further
Review as described in Section 425.50(c)(1) and (2), respectively. If a
school seeking initial recognition exhibits one or more deficiencies under
425.50(c)(3), initial recognition will not be granted; in such a case, the
school may reapply pursuant to subsection (a) or (b).
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4) If the State Superintendent assigns a status of Recognized Pending Further


Review, the State Superintendent must identify to the school the
deficiencies leading to that determination and Section 425.50(e) shall
apply. The State Superintendent must give a school that is assigned a
recognition status of Recognized Pending Further Review an opportunity
to resolve those deficiencies preventing Fully Recognized status.

5) The State Superintendent may postpone until the following school year
consideration for recognition of a school whose application is received in
the offices of the State Board after the resources for that consideration
have been exhausted for the current school year.

b) Recognition via External Accrediting Organizations

1) After receipt of a request for recognition from an accrediting organization,


the State Superintendent must review the processes used by that
organization to identify if that entity's approval, recognition, or
accreditation of schools is granted on the basis of compliance with at least
the requirements of Sections 425.20 and 425.30 or if the accrediting
organization can properly review a registered school for recognition under
this Part on behalf of the State Superintendent. The State Superintendent
must approve an entity meeting this standard for the entity to be able to
review a registered school for recognition purposes under this Part.

2) In keeping with the review cycle and process of the relevant accrediting
organization, each registered school recognized under this Part through an
accrediting organization approved by the State Superintendent must be
visited by that accrediting organization. The school must submit
documentation of the recognition visit to the State Superintendent from the
accrediting organization by the required deadline, as determined by the
State Superintendent. The State Superintendent must evaluate the
documentation in the same manner as when evaluating site visit reports
generated under subsection (a) and assign the school a status of Fully
Recognized or Recognized Pending Further Review as described in
Section 425.50(c)(1) and (2), respectively. If a school seeking initial
recognition exhibits one or more deficiencies under 425.50(c)(3), initial
recognition will not be granted; in such a case, the school may reapply
pursuant to subsection (a) or (b).

3) If the State Superintendent assigns a status of Recognized Pending Further


Review, the State Superintendent must identify to the school the
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deficiencies leading to that determination and Section 425.50(e) shall


apply. The State Superintendent must give a school that is assigned a
recognition status of Recognized Pending Further Review an opportunity
to resolve those deficiencies preventing Fully Recognized status.

4) The State Superintendent must periodically review the processes of


approved accrediting organizations to confirm the organization's ongoing
alignment with the requirements of this Part.

5) The State Superintendent must maintain on the agency's website a list of


all accrediting organizations whose determinations are accepted pursuant
to this subsection.

c) The State Superintendent must treat each registered school recognized under
subsection (b) in the same manner as a registered school recognized under
subsection (a).

(Source: Amended at 46 Ill. Reg. 6491, effective April 11, 2022)


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Section 425.50 Renewal of Recognition

a) Cycle for On-Site Review

1) Each school recognized pursuant to Section 425.40(a) and seeking


continued recognition must receive periodic visits by a review team as
may be deemed necessary by the State Superintendent to ascertain the
degree to which the school complies with applicable requirements of
Sections 425.20 and 425.30 and, for those schools receiving block grant
funds under Section 2-3.51.5 of the School Code, the degree to which the
school complies with the requirements of Section 425.80. The process for
renewal visits must be conducted in the same manner as visits conducted
under Section 425.40. The State Superintendent must consider the
evidence presented and proceed as discussed in subsection (c) of this
Section.

2) Each school recognized pursuant to Section 425.40(b) must be visited in


keeping with the review cycle of the relevant accrediting organization.

b) Renewal in Intervening Years

1) For each school year between on-site reviews, the chief school
administrator of a school recognized pursuant to Section 425.40(a) must
apply for renewal of the school's recognition by submitting, in a format
and time specified by the State Superintendent, assurances that the school
continues to comply with the requirements of this Part, including any
revisions that may have occurred, and that no significant changes have
been made in its operations, its facilities, or its programs that would
negatively impact recognition.

2) If annual professional development is required for any staff member


pursuant to Section 425.30(f)(5), the school's chief school administrator
must separately submit an assurance that written plans for ensuring that
the affected individuals complete relevant activities are in place and are
being followed. The school must maintain copies of these plans and proof
of their implementation in the individual's personnel file.

3) For each school year between on-site reviews, the chief school
administrator of a school recognized pursuant to Section 425.40(b) must
apply for renewal of the school's recognition by submitting, in a manner
determined by the State Superintendent, evidence that the school's
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accreditation from the relevant organization is in effect for that school


year.

c) Based upon the renewal application materials, the report and recommendation of
the review team if a site visit was conducted, or information obtained by the State
Superintendent by any other means, the State Superintendent will annually assign
a recognition status for the school at any time. The recognition status of each
school will be posted and maintained on the State Board's website at
https://www.isbe.net. In each case, a school shall be recognized and assigned a
status of "Fully Recognized", "On Probation", or "Recognized Pending Further
Review", or, after action is taken by the State Board consistent with this Section,
shall be "Nonrecognized". A school that is placed on Recognized Pending Further
Review or On Probation shall not, because of this change in status, lose any rights
or privileges afforded by the State Board to schools that are "Fully Recognized".

1) Each school that meets the requirements imposed by law, including the
requirements established by the State Board pursuant to Section 2-3.25o of
the Code and this Part, shall be Fully Recognized.

2) A school shall be immediately Recognized Pending Further Review by the


State Superintendent if:

A) it exhibits any deficiencies other than those delineated in


subsection (c)(3); and

B) such deficiencies may be anticipated to be corrected prior to the


end of the school year following the school year in which they
were identified.

3) A school shall be immediately placed On Probation by the State


Superintendent following the process outlined in Section 425.50(f) if it:

A) exhibits deficiencies that present a health hazard or a danger to


students or staff;

B) fails to offer required coursework;

C) employs personnel who lack the required qualifications and who


are not in the process of attaining these qualifications;

D) fails or refuses to serve students according to relevant legal or


regulatory requirements; or
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E) prolongs or repeats instances of noncompliance to a degree that


indicates an intention not to comply with relevant requirements
including failure to correct deficiencies as required by subsection
(c)(2)(B).

d) The recognition status of a school may, in accordance with 105 ILCS 5/1A-4 and
this Part, be changed to On Probation or Recognized Pending Further Review,
upon written notification to the school, by the State Superintendent at any time to
reflect information confirmed during the compliance monitoring process outlined
in subsection (a), through the renewal application process outlined in subsection
(b), or obtained by the State Superintendent by any other means, subject to the
school's right to appeal such status change as provided in this Section. Any
change in status that may occur pursuant to this subsection will be posted on the
State Board's website no later than 30 days after the change in status.

e) Schools Recognized Pending Further Review

1) The chief school administrator of a school that is Recognized Pending


Further Review may, within 5 days after receipt of notification to this
effect, request a conference at which representatives of the school will
have an opportunity to discuss compliance issues with State Board staff.
By agreement of the parties, the conference may be conducted via
videoconference or any other means.

2) The chief school administrator of a school that is Recognized Pending


Further Review may request a hearing to appeal the change in recognition
status within 10 days after the designation is issued or 10 days after the
conference in subsection (e)(1), whichever date is later. The request for
appeal must be submitted in writing to the State Superintendent at
RecognitionAppeal@isbe.net or, if the email address becomes inaccessible
or is changed, via mail to the Illinois State Board of Education at 100 N
1st Street, Springfield IL 62777, and must set forth evidence that the
school is in compliance with the applicable requirements that resulted in
the change of recognition status. Upon receipt of the school's request, the
State Superintendent shall notify the school of the date, time, and location
of the hearing, which shall be held no sooner than 10 days after receipt of
the request for appeal. The hearing may be conducted via
videoconference or any other means. The school may be represented by
an attorney throughout the appeal process.

A) The hearing shall be conducted by a hearing officer, designated by


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the State Superintendent, who is determined to be impartial and


disinterested and to have relevant knowledge of this Section and
the enabling Sections of the School Code. The hearing officer so
designated shall not be an employee of the State Board. The parties
shall be notified of the appointment of the hearing officer.

B) The hearing officer shall convene a hearing at which the school


shall have the opportunity to present evidence that the school is in
compliance with the applicable requirements that resulted in the
change of recognition status.

C) The hearing officer shall provide a written decision to the school


within 5 days of the date of the hearing.

3) A school that is Recognized Pending Further Review shall be Fully


Recognized at any time upon submission of satisfactory evidence that
demonstrates the school is in compliance with the applicable requirements
that resulted in the change of recognition status.

f) Schools Placed On Probation

1) The State Superintendent shall schedule a conference with the chief school
administrator of a school prior to placing that school On Probation, at
which representatives of the school will discuss compliance issues with
State Board staff. By agreement of the parties, the conference may be
conducted via videoconference or any other means. Within 5 days after the
date of the scheduled conference, the State Superintendent will determine
if the school will be placed On Probation and will notify the school to this
effect.

2) The chief school administrator of a school that is placed On Probation may


request a hearing to appeal the change in recognition status of the school
within 10 days after the designation is issued pursuant to subsection (f)(1).
The request for appeal must be submitted in writing to the State
Superintendent at RecognitionAppeal@isbe.net or, if the email address
becomes inaccessible or is changed, via U.S. mail to the Illinois State
Board of Education at 100 N 1st Street, Springfield IL 62777, and must set
forth evidence that the school is in compliance with the applicable
requirements that resulted in the change of recognition status. Upon
receipt of the school’s request, the State Superintendent shall notify the
school of the date, time, and location of the hearing, which shall be held
no sooner than 10 days after receipt of the request for appeal. The hearing
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may be conducted via videoconference or any other means. The school


may be represented by an attorney throughout the appeal process.

A) The hearing shall be conducted by a hearing officer, designated by


the State Superintendent, who is determined to be impartial and
disinterested and to have relevant knowledge of this Section and
the enabling Sections of the School Code. The hearing officer so
designated shall not be an employee of the State Board. The parties
shall be notified of the appointment of the hearing officer.

B) The hearing officer shall convene a hearing at which the school


shall have the opportunity to present evidence that the school is in
compliance with the applicable requirements that resulted in the
change of recognition status.

C) The hearing officer shall provide a written decision to the school


within 5 days of the date of the hearing.

3) Within 15 days of the conference pursuant to subsection (f)(1) or, if


applicable, a decision on the appeal described in subsection (f)(2)
affirming the change in recognition status, whichever is later, the school
shall submit to the State Superintendent a corrective action plan that
conforms to the requirements of subsection (f)(4). The plan shall be
signed by the chief school administrator and each affected principal.

4) The State Superintendent shall respond to the submission of a plan within


15 days after receiving it. The State Superintendent shall approve a plan if
it:

A) specifies steps to be taken by the school that are directly related to


the area or areas of noncompliance cited;

B) provides evidence that the school has the resources and the ability
to take the steps described without giving rise to other issues of
compliance that would lead to probationary status; and

C) specifies a timeline for correction of the cited deficiencies that is


demonstrably linked to the factors leading to noncompliance and is
no longer than needed to correct the identified problems.

5) A school that is On Probation shall be Fully Recognized at any time upon


submission of satisfactory evidence that demonstrates the school is in
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compliance with the applicable requirements that resulted in the change of


recognition status.

g) Nonrecognition of Schools

1) If a school's plan does not meet the requirements of subsection (f), the
State Superintendent shall notify the school to this effect. If no plan is
submitted, or if no plan meeting the requirements of subsection (f) is
received within 15 days after the school's conference with staff, or any
extended timeline pursuant to subsection (f)(3)(B), or after a decision on
the appeal affirming the change in recognition status, the State
Superintendent shall recommend to the State Board that the school be
Nonrecognized subject to the school's right to a hearing as set forth in
subsection (g)(3) and shall provide notification of this recommendation to
the school.

2) If, at any time while a plan for corrective action is in effect, the State
Superintendent determines that the agreed-upon actions are not being
implemented in accordance with the plan or the underlying areas of
noncompliance are not being remedied, the State Superintendent shall
recommend to the State Board that the status of the school be changed to
Nonrecognized subject to the school's right to a hearing as set forth in
subsection (g)(3)..

3) A school that has been recommended to be Nonrecognized by the State


Superintendent may submit a written request for a hearing to the State
Board within 30 days of being notified of the State Superintendent's
recommendation for nonrecognition. If the school does not request a
hearing to challenge the State Superintendent’s recommendation that the
school be Nonrecognized within 30 days of being notified, the State Board
will make a determination on the State Superintendent's recommendation
for nonrecognition of the school at a State Board meeting, and the school
will be notified of the decision in writing.

A) The request for a hearing must be submitted by the chief school


administrator.

B) The request for a hearing must identify the specific findings with
which the school disagrees.

C) Upon submission of the request for a hearing, the State


Superintendent shall give written notice of the date, time and place
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of the hearing to the chief school administrator not less than 21


days before the hearing date. The notice shall be sent by certified
mail, return receipt requested. By agreement of both parties, the
hearing may be conducted via videoconference or any other means.

D) The hearing shall be conducted by a hearing officer, designated by


the State Superintendent, who is determined to be impartial and
disinterested and to have relevant knowledge of this Section and
the enabling Sections of the School Code. The hearing officer so
designated shall not be an employee of the State Board. The parties
shall be notified of the appointment of the hearing officer.

E) The school may be represented by an attorney throughout the


proceedings. An attorney from the Office of the Legal Counsel to
the State Board, or an attorney selected by the State
Superintendent, will represent the State Superintendent.

F) Both the school and the State Superintendent will be afforded the
opportunity to file written briefs before the hearing. The school
shall submit its brief to the hearing officer and a copy to the State
Superintendent at the following address: Illinois State Board of
Education, Office of Legal Counsel, 100 N First St., Springfield IL
62777. The State Superintendent shall submit its brief to the
hearing officer and a copy to the chief school administrator or the
school's attorney, if represented at the hearing by counsel.

i) The school's brief shall be due 7 days after receipt of the


notice of the appointment of the hearing officer.

ii) The State Superintendent's brief shall be due 7 days after


the State Superintendent's receipt of the school's brief.

G) At the time its brief is filed, either the school or the State
Superintendent may request an opportunity to present witnesses
and oral argument before the hearing officer.

H) If requested, each party may produce witnesses at the hearing.


After the completion of witness testimony, if oral argument has
been requested, each party will be given at least 30 minutes for
oral argument. The hearing officer may ask questions during such
arguments. The school shall present its argument first, followed by
the argument for the State Superintendent. The school will then be
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allowed at least 10 minutes for a rebuttal. If neither party requests


oral argument, the hearing officer may request that the parties
make an oral presentation on the date scheduled for the hearing.

I) If two or more schools request an appeal regarding the same


issue(s), the appeals may be consolidated if consolidation would
secure economies of time and effort, promote uniformity of
decision-making by the hearing officer, and consolidation would
not prejudice the rights of a party. Consolidated appeals shall be
handled as provided in this subsection (g)(3)(I).

i) The hearing officer may consider any objections by the


parties related to the consolidation of appeals prior to such
consolidation.

ii) Each school may submit its own brief, or any two or more
of the schools whose appeals are consolidated may elect to
write a joint brief and may request oral argument.

iii) All schools whose appeals are consolidated will be given


an opportunity to produce witnesses and a collective total
of at least 40 minutes for oral argument, and the schools
may reserve at least 10 of their 40 minutes for rebuttal.
The schools shall either select one or more representatives
to argue on behalf of the schools or divide the time equally
amongst all schools.

iv) The State Superintendent shall submit one brief in response


to the issue(s) subject to the consolidated appeal and shall
have at least 30 minutes for oral argument.

J) During the hearing, the hearing officer shall consider only those
issues raised in the written briefs, witness testimony, if any, and
oral argument of the parties if the parties request the opportunity to
present oral arguments. All hearings shall be recorded.

K) Within 14 days after the hearing, the hearing officer shall submit a
written recommendation for action to the State Board and shall
state the reasons for the recommendations. The hearing officer
may recommend that the State Board adopt, modify, or reject the
recommendation of the State Superintendent, in whole or in part.
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L) A final decision shall be rendered by the State Board after receipt


of the hearing officer's recommendation and the parties shall be
notified in writing of the decision. The decision shall specify
whether it is final, and, if so, that it is subject to the Administrative
Review Law [735 ILCS 5/Art. III].

M) Nothing contained in this Section shall preclude the State


Superintendent or the State Board, when required, and the school
from reaching an agreement as to the resolution of an appeal at any
time during the appeals process.

h) The timelines set forth in subsections (d), (e), and (f) may be extended by the
mutual agreement of the school and the State Superintendent or designee.

i) A school shall not be Nonrecognized under this Section without first having been
placed On Probation. Except that, the State Superintendent may recommend to the
State Board that a school that was previously On Probation be Nonrecognized if it
is subsequently noncompliant with the same requirements that led to its previous
placement On Probation and both instances of noncompliance occur within the
same school year.

j) A school that has been Nonrecognized by the State Board pursuant to this section
may petition the State Board to be returned to Fully Recognized status if the
school clearly demonstrates that:

1) Any noncompliance matters that resulted in nonrecognition have been


resolved;

2) The school has developed systems and processes to ensure that the
noncompliance issues that resulted in the change in recognition status will
not recur; and

3) The school will agree to any additional corrective steps that the State
Superintendent deems necessary to remedy any harm caused by the
school's noncompliance.

k) If a recognized school fails to renew its registration under subsection 425.30(a),


the school forfeits its recognition status. Because this loss of recognition status is
not due to an administrative action by the State Superintendent, the appeal process
in this Section does not apply. A school seeking to receive a recognition status
after forfeiting its status under this subsection must follow the procedures in
Section 425.40.
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FILED DATE: 3/15/2024 11:48 AM 2022L003763

l) If a recognized school renews its registration but fails to annually renew its
recognition as required in subsection (b)(1), the school forfeits its recognition
status. Because this loss of recognition status is not due to an administrative
action by the State Superintendent, the appeal process in this Section does not
apply. A school seeking to receive a recognition status after forfeiting its status
under this subsection must follow the procedures in Section 425.40.

(Source: Amended at 46 Ill. Reg. 6491, effective April 11, 2022)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.60
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.60 Changes in Recognition Status (Repealed)

(Source: Repealed at 46 Ill. Reg. 6491, effective April 11, 2022)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.70
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.70 Appeals (Repealed)

(Source: Repealed at 46 Ill. Reg. 6491, effective April 11, 2022)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.75
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.75 Other Recognition Considerations

a) Recognition that is granted under this Part may not be extended to any additional campus,
site, or school and may not affect students who are not in attendance at the site to which
recognition was specifically granted.

b) Each school that is recognized must have access to official documentation of the school's
status. The State Superintendent must maintain a publicly available list of recognized schools by
school year for, at minimum, the preceding 5 school years.

(Source: Added at 44 Ill. Reg. 16779, effective September 29, 2020)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.80
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.80 Block Grant Funds

Only schools recognized pursuant to this Part shall be eligible to receive school safety and
educational improvement block grant funding under Section 2-3.51.5 of the School Code.

a) In order to receive its proportionate share of these funds for a given school year, a
school shall be required to submit, at the conclusion of the school year and in a
format specified by the State Superintendent of Education:

1) a final calendar demonstrating that the length of the school term


conformed to the requirements of Section 425.30 of this Part; and

2) month-by-month attendance information.

b) The State Superintendent shall annually establish and publicize the timelines for
the submission of this information.

c) Each school shall maintain attendance records in an auditable format, i.e., one that
shows that attendance was taken daily and supports the information transmitted to
the State Superintendent.

d) Each school shall prepare an annual expenditure report, in a format specified by


the State Superintendent, relating to its use of block grant funds and make this
report available to the State Superintendent upon request. Payments to a school
whose use of block grant funds in a prior year is found not to have complied with
the requirements of Section 2-3.51.5(1) of the School Code shall be reduced to
reflect amounts expended for purposes not allowed under that Section, and the
school shall be subject to potential additional consequences for noncompliance as
set forth in Section 425.50 of this Part.

e) Any school that, for two years in a row and in any combination, either fails to
deliver the report required by Section 27-8.1 of the School Code to the State
Superintendent of Education by November 15 or delivers a report that does not
demonstrate that at least 90 percent of the pupils enrolled in the school have
complied with the requirements of that Section regarding immunizations and
health examinations (other than dental and eye examinations) shall be issued a
Notice of Non-Compliance. Unless, within seven school days after mailing of the
notice, the school presents written evidence to the State Superintendent that it has
delivered the report required by Section 27-8.1 and the report demonstrates
compliance with that Section, the State Superintendent shall reduce by 10 percent
the next payment of block grant funds under this Section, provided that all
amounts withheld shall be restored to the school after compliance is documented.
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.90
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.90 Textbook Block Grant Program

Recognized schools serving students in kindergarten through grade 12 are eligible to receive
annual funding for the direct purchase of selected secular textbooks.

a) Funding received under the Textbook Block Grant Program shall be used only for
the direct purchase of secular textbooks, as defined in Section 2-3.155(b) of the
School Code.

b) For the purposes of monitoring compliance with Section 2-3.155(d) of the School
Code, each school that receives funding under the Textbook Block Grant Program
shall provide to the State Superintendent, upon request, a copy of the purchase
order and receipt confirmation for any textbooks acquired that includes the:

1) title of each textbook purchased, including its International Standard Book


Number (ISBN), or, if no ISBN is provided, a description of the materials
purchased;

2) quantity received; and

3) total cost of the textbooks ordered.

c) Records associated with the purchase of textbooks under Section 2-3.155 of the
School Code shall be maintained for three years following the school year in
which the textbooks were purchased.

d) In the event that the school fails to comply with Section 2-3.155 of the School
Code and this Section, then it shall return to the State Board of Education any
grant funds expended on textbooks not in compliance with Section 2-3.155 of the
School Code.

(Source: Amended at 46 Ill. Reg. 6491, effective April 11, 2022)


ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.100
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Section 425.100 Necessary Costs and Fees

This Section provides implementation for the computation of necessary costs and fees as defined
in Section 5 of the Invest in Kids Act (the Act) [35 ILCS 40].

a) For purposes of this Section, "necessary costs and fees" has the meaning ascribed
in Section 5 of the Act and is the sum total of the following:

1) the customary charge for instruction and use of facilities (Section 5 of the
Act) (i.e., tuition);

2) all charges for required textbooks, instructional materials and technology,


including costs associated with the administration of State assessments
under Section 2-3.64a-5 of the School Code;

3) charges for field trips made during school hours, or made after school
hours if the field trip is a required or customary part of a class or
extracurricular activity (e.g., annually scheduled trips to museums,
concerts, or places of business and industry or field trips related to
instruction in social studies, the fine arts, career/vocational education or
the sciences);

4) charges for supplies required for a particular class (e.g., shop or home
economics materials, laboratory or art supplies);

5) school uniforms; and

6) any other fee that the qualified school charges as a prerequisite for
participation in curricular or extracurricular programs.

b) Notwithstanding subsection (a), for purposes of this Section, "necessary costs and
fees" does not include the following:

1) fees payable only once (Section 5 of the Act) per a student's enrollment
within a qualified school;

2) contingent deposits that are refundable in whole or in part (Section 5 of


the Act) (e.g., locks, towels, laboratory equipment, uniforms or equipment
related to intramural sports or to fine arts programs);

3) library fines and other charges made for the loss, misuse or destruction of
school property (e.g., musical instruments);
ISBE 23 ILLINOIS ADMINISTRATIVE CODE 425 425.100
SUBTITLE A SUBCHAPTER l
FILED DATE: 3/15/2024 11:48 AM 2022L003763

4) charges for the purchase of class rings, yearbooks, pictures, diploma


covers or similar items;

5) charges for optional travel undertaken by a school club or group of


students outside of school hours (e.g., a trip to Spain by the Spanish club
or a senior class trip);

6) charges for admission to school dances, athletic events or other social


events;

7) optional community service programs for which fees are charged (e.g.,
preschool, before- and after-school child care, recreation programs);

8) graduation fees (e.g., caps, gowns); and

9) any other optional fee that the qualified school charges for participation in
curricular or extracurricular programs.

c) This Section will automatically be repealed on January 1, 2024.

(Source: Added at 42 Ill. Reg. 5912, effective March 15, 2018)


FILED DATE: 3/15/2024 11:48 AM 2022L003763

EXHIBIT D
Consent by Minors to Medical Treatment
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Under Illinois law, a minor is a person who has not attained the age of 18 years.1 In general, a
minor cannot consent to medical treatment, and a parent, guardian, or person in loco parentis2
must consent to the treatment of a minor. However, there are several exceptions that permit a
minor to consent for him or herself, and these exceptions depend upon either the minor’s legal
status or the medical condition or treatment received by the minor. The Consent by Minors to
Medical Treatment infographic provides a visual reference of this information.

Exceptions Based on Minor’s Legal Status

 Emancipated minors may consent to their own treatment: A minor between 16 and 18
years old who presents a court order declaring him or her emancipated3 may lawfully
consent to the performance of healthcare services by a physician, chiropractic physician,
optometrist, advanced practice nurse, or physician assistant.4

 Pregnant or married minors may consent to their own treatment: A pregnant or


married minor of any age5 may lawfully consent to the performance of healthcare
services by a physician, chiropractic physician, optometrist, advanced practice nurse, or
physician assistant.6

 Minors who are parents may consent to their own treatment: A minor who is a parent
may consent to his or her own health care treatment.7 However, if the minor’s status as
a parent ends, then it appears that the minor no longer has authority to consent to his
or her own treatment. This could occur if the minor’s parental rights were terminated

1
Probate Act of 1975, 755 ILCS 5/11-1.
2
The term “in loco parentis” might include an aunt or uncle or some other adult who does not have legal
guardianship but who otherwise stands in the shoes of a parent.
3
Emancipation of Minors Act, 750 ILCS 30/1 et seq. The minor claiming to be emancipated must present the court
order before non-emergency services are provided, both to verify the minor’s status and to ascertain whether
there are restrictions on the emancipation, which might limit the minor’s ability to consent to medical care.
4
410 ILCS 210/1.
5
Consent by Minors to Medical Procedures Act, 410 ILCS 210/1 et seq.
6
410 ILCS 210/1.
7
410 ILCS 210/1.
as part of an adoption proceeding. Minors who are parents may also consent to the
FILED DATE: 3/15/2024 11:48 AM 2022L003763

performance of healthcare services for his or her child.8

Exceptions Based on Medical Treatment

 Medical emergencies: Emergency medical treatment may be provided to a minor


without obtaining parental consent when, in the sole opinion of the provider, obtaining
consent is not “reasonably feasible under the circumstances without adversely affecting
the condition of the minor’s health.”9 A “provider” includes a physician, chiropractic
physician, optometrist, advanced practice nurse, physician assistant, dentist, or
hospital.10

 Medical treatment/counseling for criminal sexual assault or abuse: When a minor is a


victim of sexual assault or abuse, a provider may furnish healthcare services or
counseling related to the diagnosis or treatment of “any disease or injury arising from
such offense” without obtaining the consent of the minor’s parent or guardian.11 A
minor victim of sexual assault or abuse may consent to such counseling, diagnosis, or
treatment.12 A “provider” includes a hospital, physician, chiropractic physician,
optometrist, advanced practice nurse, physician assistant, or other medical personnel.13

A minor sexual assault survivor may consent to and be provided emergency hospital
services, forensic services, and follow-up healthcare without the consent of a parent,
guardian, custodian, surrogate, or agent.14

 Sexually transmitted diseases & HIV: A minor 12 years of age or older who may have
come into contact with a sexually transmitted disease (“STD”), including HIV,15 may
consent to STD testing and to healthcare services and/or counseling related to the
prevention, diagnosis, or treatment of a STD.16 Minors 12 years of age17 or older also
have the right to anonymous HIV testing.18

8
410 ILCS 210/2.
9
410 ILCS 210/3(a).
10
410 ILCS 210/3(a).
11
410 ILCS 210/3(b).
12
410 ILCS 210/3(b).
13
410 ILCS 210/3(b).
14
Sexual Assault Survivors Emergency Treatment Act, 410 ILCS 70/5(a)-(b); see 410 ILCS 70/1a for definitions of
“sexual assault survivor,” “forensic services,” and “follow-up healthcare.”
15
77 Ill. Admin. Code 697.20 defines Sexually Transmissible Infection to include HIV.
16
410 ILCS 210/4–210/5; 410 ILCS 305/9; 77 Ill. Admin. Code 697.420; 77 Ill Admin. Code 697.140(a)(10).
17
77 Ill. Admin. Code 697.120(a) (“No person may order an HIV test without first . . . receiving the documented
informed consent of the subject of the test or the subject's legally authorized representative, except as provided in
subsection (b).”). “Legally authorized representative” means an individual who is authorized to consent to HIV

Page 2 of 6
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Anyone involved in the furnishing of healthcare services or counseling to the minor


related to the prevention, diagnosis, or treatment of a STD shall, upon the minor’s
consent, make reasonable efforts to involve the family of the minor in his or her
treatment, provided that the person furnishing treatment believes the involvement of
the family will not be detrimental to the progress and care of the minor.19 Unless the
minor consents, providers providing healthcare services or counselling cannot seek the
family’s involvement in the minor’s treatment.20

Providers counseling a minor that has come into contact with any STD, may, but are not
obligated to, inform parents or guardians about the treatment provided to or needed by
the minor.21

If a minor’s HIV test result is positive, the health care professional who ordered the test
must make a reasonable effort to notify the minor’s parent or guardian if, in his or her
professional judgment, notification would be in the best interest of the minor, and the
health care professional has first sought unsuccessfully to persuade the minor to notify
the parent or guardian, or a reasonable time after the minor has agreed to notify the
parent or legal guardian, the health care professional has reason to believe that the
minor has not made the notification.22

 Drug use or alcohol consumption: A minor 12 years of age or older who may be
determined to be an addict, an alcoholic, or an intoxicated person, or who may have a
family member who abuses drugs or alcohol, may consent to healthcare services or
counseling related to the prevention, diagnosis, or treatment of drug use or alcohol
consumption by the minor or the effects on the minor of drug or alcohol abuse by a
member of the minor’s family.23

Anyone involved in the furnishing of medical care or counseling to the minor related to
the prevention, diagnosis, or treatment of drug or alcohol use shall, upon the minor’s
consent, make reasonable efforts to involve the family of the minor in his or her
treatment, if the person furnishing treatment believes that the involvement of the
family will not be detrimental to the progress and care of the minor.24 Unless the minor

testing and/or disclosure of HIV test results and HIV-related information for an individual who s under the age of
12. 77 Ill. Admin. Code 697.20.
18
410 ILCS 305/6; 77 Ill. Admin. Code 697.130.
19
410 ILCS 210/4–210/5.
20
410 ILCS 210/4–210/5.
21
410 ILCS 210/5.
22
410 ILCS 305/9; 77 Ill. Admin. Code 697.140(a)(10).
23
410 ILCS 210/4.
24
410 ILCS 210/4–210/5.

Page 3 of 6
consents, providers providing healthcare services or counseling cannot seek the family’s
FILED DATE: 3/15/2024 11:48 AM 2022L003763

involvement in the minor’s treatment.25

A provider counseling a minor who abuses drugs or alcohol or has a family member who
abuses drugs or alcohol, shall not inform the parent, parents, guardian, or other
responsible adult of the minor’s condition or treatment without the minor’s consent
unless, in the provider’s judgment, it is necessary to protect the safety of the minor, a
family member, or another individual.26

 Outpatient mental health services: A minor 12 years of age or older may request and
receive outpatient counseling or psychotherapy without consent of a parent, guardian,
or person in loco parentis.27 Until the consent of a parent, guardian, or person in loco
parentis has been obtained, minors 12 to 16 years of age are limited to receiving eight,
ninety (90) minute sessions.28 Minors can access more than eight sessions if the
provider believes it is in the minor’s best interest to continue or that parental
involvement would be detrimental to the minor’s well-being.29

The minor’s parent, guardian, or person in loco parentis cannot be informed of


counseling or psychotherapy without the written consent of the minor “unless the
service provider believes the disclosure is necessary.”30 If the facility director or service
provider intends to disclose the fact of counseling, the minor must be informed. A
minor’s parent, guardian, or person in loco parentis is not responsible for the cost of the
sessions unless the parent, guardian, or person in loco parentis consented to the
treatment.31

 Voluntary inpatient mental health services: A minor 16 years of age or older may
consent to admission to a mental health facility for inpatient services if the minor
executes the application for voluntary admission.32 Unlike outpatient services,
providers must immediately inform the minor’s parent, guardian, or person in loco
parentis of the admission, even if the minor does not consent to the disclosure.33

 Involuntary inpatient mental health services: A minor may be admitted to a mental


health facility upon application by a parent, guardian, or person in loco parentis if the

25
410 ILCS 210/4–210/5.
26
410 ILCS 210/5.
27
See supra text accompanying note 2 (explaining the term “in loco parentis”).
28
Mental Health and Developmental Disabilities Code, 405 ILCS 5/3-5A-105(a).
29
405 ILCS 5/3-5A-105(a).
30
405 ILCS 5/3-5A-105(a-2).
31
405 ILCS 5/3-5A-105(b).
32
405 ILCS 5/3-502.
33
405 ILCS 5/3-502.

Page 4 of 6
facility director finds that the minor has a mental illness or emotional disturbance of
FILED DATE: 3/15/2024 11:48 AM 2022L003763

such severity that hospitalization is necessary and that the minor is likely to benefit from
inpatient treatment.34 A minor 12 years of age or older must be given a copy of the
application and his right to object to the admission shall be explained to him in an
understandable manner.35 If the minor objects to his or her admission, the minor must
be discharged at the earliest appropriate time, not to exceed 15 days, excluding
Saturdays, Sundays and holidays, unless the objection is withdrawn in writing or unless,
within that time, a petition for review of the admission is filed with the court.36

 Primary Care Services: A minor at least 14 years of age but less than 18 years of age
who is: (1) living separate and apart from his or her parents or legal guardian (with or
without their consent), (2) who is unable or unwilling to return to the resident of a
parent, and (3) managing his or her own personal affairs may consent to primary care
services by a physician, advanced practice registered nurse, physician assistant,
chiropractic physician, or optometrist under the following circumstances:
o The health care professional reasonably believes that the minor seeking care
understands the benefits and risks of any proposed primary care or services; and
o The minor seeking care is identified in writing as a minor seeking care by:
 An adult relative;
 A representative of a homeless service agency that receives federal,
State, county, or municipal funding to provide those services or that is
otherwise sanctioned by a local continuum of care;
 An attorney licensed to practice law in the State of Illinois;
 A public school homeless liaison or school social worker;
 A social service agency providing services to at risk, homeless, or runaway
youth; or
 A representative of a religious organization.37

“Minor seeking care” does not include minors under the protective custody, temporary
custody or guardianship of the Department of Children and Family Services.38

“Primary care services” means health care services that include screening, counseling,
immunizations, medication, and treatment of illness and conditions customarily
provided by licensed health care professionals in an out-patient setting. “Primary care

34
405 ILCS 5/3-503.
35
405 ILCS 5/3-505.
36
405 ILCS 5/3-507.
37
410 ILCS 210/1.5(a).
38
410 ILCS 210/1.5(e).

Page 5 of 6
service” does not include invasive care, beyond standard injections, laceration care, or
FILED DATE: 3/15/2024 11:48 AM 2022L003763

non-surgical fracture care.39

 Birth Control Services: Birth control services and information may be rendered by
doctors licensed in Illinois to practice medicine to any minor:
1. Who is married;
2. Who is a parent;
3. Who is pregnant;
4. Who has the consent of a parent or guardian;
5. If the failure to provide such services creates a serious health hazard; or
6. If the minor is referred for such services by a physician, clergyman, or a Planned
Parenthood agency.40

 Abortion: A physician performing an abortion on a minor must give at least forty-eight


(48) hours actual notice (and if not possible after reasonable effort, forty-eight (48)
hours constructive notice), to an adult family member of the pregnant minor of his or
her intention to perform the abortion.41 There are certain exceptions to the notice
requirement, including a judicial waiver of notice.42 A minor must consent to the
abortion.43 A minor is any person under 18 years of age who is not or has not been
married or who has not been emancipated under the Emancipation of Minors Act.44
The Illinois Supreme Court upheld this law in 2013 after a lengthy history of
challenges.45

 Blood donation: Though technically not medical treatment, state law provides that any
person 17 years of age or older may donate blood without permission or authorization
from a parent or guardian, and any person 16 years of age may donate blood with
written permission or authorization from a parent or guardian.46

Last updated March 9, 2021 by Rachel Nolan, Legal Intern

This document is intended to be a guide for IHA members and does not constitute legal advice.
For questions, please contact the IHA Legal Affairs Department at legal@team-iha.org or 630-
276-5506.

39
410 ILCS 210/1.5(e).
40
Birth Control Services to Minors Act, 325 ILCS 10/1.
41
Parental Notice of Abortion Act of 1995, 750 ILCS 70/15.
42
750 ILCS 70/20.
43
750 ILCS 70/30.
44
750 ILCS 70/10.
45
See Hope Clinic for Women, Ltd. v. Flores, 991 N.E.2d 745 (Ill. 2013). The case can be read at
http://www.illinoiscourts.gov/Opinions/SupremeCourt/2013/112673.pdf.
46
Blood Donation Act, 210 ILCS 15/1.

Page 6 of 6
FILED DATE: 3/15/2024 11:48 AM 2022L003763

EXHIBIT E
2005 ILL. SB 2630
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Enacted, June 26, 2006

Reporter
2005 ILL. ALS 937; 2005 Ill. Laws 937; 2005 ILL. P.A. 937; 2005 ILL. SB 2630

ILLINOIS ADVANCE LEGISLATIVE SERVICE > ILLINOIS 94TH GENERAL ASSEMBLY > PUBLIC ACT 94-937
> SENATE BILL 2630

Notice
[A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]

Synopsis

AN ACT concerning education.

Text

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 27-23.7 as follows:

(105 ILCS 5/27-23.7 new)

[A> SEC. 27-23.7. BULLYING PREVENTION EDUCATION. <A]

[A> (A) THE GENERAL ASSEMBLY FINDS THAT BULLYING HAS A NEGATIVE EFFECT ON THE SOCIAL
ENVIRONMENT OF SCHOOLS, CREATES A CLIMATE OF FEAR AMONG STUDENTS, INHIBITS THEIR ABILITY
TO LEARN, AND LEADS TO OTHER ANTISOCIAL BEHAVIOR. BULLYING BEHAVIOR HAS BEEN LINKED TO
OTHER FORMS OF ANTISOCIAL BEHAVIOR, SUCH AS VANDALISM, SHOPLIFTING, SKIPPING AND
DROPPING OUT OF SCHOOL, FIGHTING, USING DRUGS AND ALCOHOL, SEXUAL HARASSMENT, AND
SEXUAL VIOLENCE. <A]

[A> (B) IN THIS SECTION, "BULLYING PREVENTION" MEANS AND INCLUDES INSTRUCTION IN ALL OF THE
FOLLOWING: <A]

[A> (1) INTIMIDATION. <A]

[A> (2) STUDENT VICTIMIZATION. <A]

[A> (3) SEXUAL HARASSMENT. <A]

[A> (4) SEXUAL VIOLENCE. <A]

[A> (5) STRATEGIES FOR STUDENT-CENTERED PROBLEM SOLVING REGARDING BULLYING. <A]
Page 2 of 2
2005 ILL. SB 2630

[A> (C) EACH SCHOOL DISTRICT MAY MAKE SUITABLE PROVISIONS FOR INSTRUCTION IN BULLYING
PREVENTION IN ALL GRADES AND INCLUDE SUCH INSTRUCTION IN THE COURSES OF STUDY REGULARLY
TAUGHT THEREIN. A SCHOOL BOARD MAY COLLABORATE WITH A COMMUNITY-BASED AGENCY
PROVIDING SPECIALIZED CURRICULA IN BULLYING PREVENTION WHOSE ULTIMATE OUTCOME IS TO
FILED DATE: 3/15/2024 11:48 AM 2022L003763

PREVENT SEXUAL VIOLENCE. THE STATE BOARD OF EDUCATION MAY ASSIST IN THE DEVELOPMENT OF
INSTRUCTIONAL MATERIALS AND TEACHER TRAINING IN RELATION TO BULLYING PREVENTION. <A]

Section 99. Effective date. This Act takes effect upon becoming law.

History

Approved June 26, 2006


Effective June 26, 2006

Sponsor
Lightford

ILLINOIS ADVANCE LEGISLATIVE SERVICE


Copyright © 2023 LexisNexis. All rights reserved.

End of Document
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

HB4719 First Reading 2


SB2123 Second Reading 8
SB2159 Second Reading 8
SB2173 Second Reading 8
SB2185 Second Reading 9
SB2197 Second Reading 9
SB2241 Second Reading 9
SB2242 Second Reading 10
SB2243 Second Reading 10
SB2255 Second Reading 10
SB2277 Second Reading 10
SB2284 Second Reading 11
SB2290 Second Reading 11
SB2291 Second Reading 11
SB2302 Second Reading 12
SB2310 Second Reading 12
SB2320 Second Reading 12
SB2333 Second Reading 12
SB2339 Second Reading 13
SB2358 Second Reading 13
SB2375 Second Reading 14
SB2376 Second Reading 14
SB2400 Second Reading 14
SB2427 Second Reading 14
SB2445 Second Reading 15
SB2491 Third Reading 28
SB2492 Second Reading 15
SB2505 Second Reading 15
SB2515 Second Reading 16
SB2546 Second Reading 16
SB2555 Second Reading 16
SB2556 Third Reading 30
SB2569 Second Reading 16
SB2579 Second Reading 17
SB2582 Second Reading 18
SB2587 Third Reading 30
SB2601 Third Reading 31
SB2613 Second Reading 18
SB2630 Third Reading 31
SB2631 Second Reading 18
SB2650 Second Reading 18
SB2673 Second Reading 19
SB2680 Second Reading 19
SB2684 Second Reading 19
SB2709 Second Reading 20
SB2718 Second Reading 20
SB2738 Second Reading 20
SB2739 Third Reading 33
SB2740 Second Reading 20
SB2763 Motion 36
SB2763 Third Reading 34
SB2770 Out Of Record 38
SB2770 Third Reading 37
SB2772 Third Reading 39
SB2774 Third Reading 40
SB2796 Second Reading 21
SB2808 Second Reading 21
SB2841 Second Reading 22
SB2847 Second Reading 22
SB2868 Second Reading 23

1
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

SB2872 Second Reading 23


SB2873 Second Reading 23
SB2882 Second Reading 24
SB2887 Second Reading 24
SB2899 Third Reading 40
SB2915 Third Reading 41
SB2917 Third Reading 41
SB2931 Second Reading 24
SB2936 Third Reading 42
SB2949 Second Reading 25
SB2951 Third Reading 43
SB2952 Third Reading 44
SB2955 Second Reading 25
SB2959 Second Reading 25
SB2966 Third Reading 45
SB2968 Second Reading 25
SB2980 Second Reading 26
SB2985 Second Reading 26
SB2986 Second Reading 26
SB3010 Third Reading 46
SB3011 Third Reading 47
SB3018 Second Reading 27
SB3086 Second Reading 27
SB3088 Second Reading 27
SB3097 First Reading 2
SB3098 First Reading 2
SB3099 First Reading 3
SB3100 First Reading 3
SB3101 First Reading 3
SB3102 First Reading 3
SB3103 First Reading 3
SB3104 First Reading 3
SB3105 First Reading 3
SB3106 First Reading 3
SB3107 First Reading 3
SB3108 First Reading 3
SB3109 First Reading 3
SB3110 First Reading 3
SB3111 First Reading 3
SB3112 First Reading 4
SB3113 First Reading 4
SB3114 First Reading 4
SB3115 First Reading 4
SB3116 First Reading 4
SB3117 First Reading 4
SB3118 First Reading 4
SB3119 First Reading 4
SB3120 First Reading 4
SB3121 First Reading 4
SB3122 First Reading 4
SB3123 First Reading 4
SB3124 First Reading 4
SB3125 First Reading 5
SB3126 First Reading 5
SB3127 First Reading 5
SB3128 First Reading 5
SB3129 First Reading 5
SB3130 First Reading 5
SB3131 First Reading 5
SB3132 First Reading 5
SB3133 First Reading 5

2
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

SB3134 First Reading 5


SB3135 First Reading 5
SB3136 First Reading 5
SB3137 First Reading 5
SB3138 First Reading 6
SB3139 First Reading 6
SB3140 First Reading 6
SB3141 First Reading 6
SB3142 First Reading 6
SB3143 First Reading 50
SB3144 First Reading 50
SB3145 First Reading 50
SB3146 First Reading 50
SB3147 First Reading 50
SB3148 First Reading 50
SB3149 First Reading 50
SB3150 First Reading 51
SB3151 First Reading 51
SB3152 First Reading 51
SB3153 First Reading 51
SB3154 First Reading 51
SB3155 First Reading 51
SB3156 First Reading 51
SB3157 First Reading 51
SB3158 First Reading 51
SB3159 First Reading 51
SB3160 First Reading 51
SB3161 First Reading 52
SR0626 Resolution Offered 2
SR0627 Resolution Offered 2
SR0628 Resolution Offered 2
SR0629 Resolution Offered 2
SR0630 Resolution Offered 2
SR0631 Resolution Offered 2
HJR0100 Adopted 48
HJR0100 Resolution Offered 48

Senate to Order-Senator Hendon 1


Prayer-The Reverend Martin Woulfe 1
Pledge of Allegiance 1
Journal-Approved 1
Messages from the House 1
Introduction of Guest - Senator Winkel 7
Message from the House 48
Resolutions Consent Calendar-Adopted 48
Committee Reports 49
Messages from the House 50
Adjournment 52

3
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

PRESIDING OFFICER: (SENATOR HENDON)


The regular Session of the 94th General Assembly will please
come to order. Will the Members please be at their desks? Will
our guests in the galleries please rise? The invocation today
will be given by Reverend Martin Woulfe of the Abraham Lincoln
Unitarian (Universalist) Church in Springfield. Reverend Woulfe.
THE REVEREND MARTIN WOULFE:
(Prayer by the Reverend Martin Woulfe)
PRESIDING OFFICER: (SENATOR HENDON)
Please remain standing for the Pledge of Allegiance.
Senator Maloney.
SENATOR MALONEY:
(Pledge of Allegiance, led by Senator Maloney)
PRESIDING OFFICER: (SENATOR HENDON)
Will all Members under the sound of my voice please come to
the Senate Floor? We’re about to go to Senate action. Madam
Secretary, Reading and Approval of the Journal.
SECRETARY HAWKER:
Senate Journal of Wednesday, February 15, 2006.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Hunter.
SENATOR HUNTER:
Mr. President, I move that we -- I’m sorry -- I move that
the Journal just read by the Secretary be approved, unless some
Senator has -- has corrections or additions to offer.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Hunter moves to approve the Journals just read by
the Secretary. There being no objection, so ordered. Mr.
Secretary, Resolutions. Mr. Secretary, Messages from the House.
ACTING SECRETARY KAISER:
Message from the House by Mr. Mahoney, Clerk.
Dear Mr. President - I am directed to inform the Senate
that the House of Representatives has passed bills of the
following titles, in the passage of which I am instructed to ask
the concurrence of the Senate, to wit:
House Bill 4196, 4222, 4223, 4311, 4313, 4357,
4375, 4461, 4728, 4760, 4764, 4804.
All passed the House, February 15th, 2006.
PRESIDING OFFICER: (SENATOR HENDON)
Mr. Secretary, Resolutions.

1
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

Is there any discussion? Seeing none, the question is,


shall Senate -- Bill 2587 pass. Those in favor, vote Aye.
Opposed will vote Nay. The voting is open. Have all voted who
wish? Have all voted who wish? Have all voted who wish? Take
the record. On that question, there are 53 voting Aye, none
voting Nay, none voting Present. Senate Bill 2587, having
received the required constitutional majority, is declared
passed. Senate Bill 2601. Senator Haine. Mr. Secretary, read
the bill.
ACTING SECRETARY KAISER:
Senate Bill 2601.
(Secretary reads title of bill)
3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Haine.
SENATOR HAINE:
Thank you, Mr. President, Ladies and Gentlemen of the
Senate. This is an initiative of the Department of Aging. It
amends the Power of Attorney Act to allow an elder abuse agency
or the State Long Term Care Ombudsman to petition the court if an
agent in fact for an incapacitated person resists requests for
records pursuant to an investigation. They’ve had very few of
these cases, fortunately, but they need this as a bargaining
position to get these records.
PRESIDING OFFICER: (SENATOR HENDON)
Is there any discussion? Seeing none, the question is,
shall Senate Bill 2601 pass. Those in favor will vote Aye.
Opposed will vote Nay. The voting is open. Have all voted who
wish? Have all voted who wish? Have all voted who wish? Take
the record. On that question, there are 54 voting Aye, none
voting Nay, none voting Present. Senate Bill 2601, having
received the required constitutional majority, is declared
passed. Senate Bill 2630. Senator Lightford. 2630. Mr.
Secretary, read the bill.
ACTING SECRETARY KAISER:
Senate Bill 2630.
(Secretary reads title of bill)
3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON)

31
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

Senator Lightford, to explain your wonderful bill. Senator


Lightford.
SENATOR LIGHTFORD:
Thank you, Mr. President, Ladies and Gentlemen of the
Senate. Senate Bill 2630 addresses bullying prevention in
schools. It allows school districts to include bullying
prevention instruction within existing courses of study at all
grade levels. Allows school districts to collaborate with
community agencies to provide bullying prevention curricula and -
- and it also allows the State Board of Ed to assist in
developing instructional materials and teacher training programs.
I know that during this debate in committee that there was some
concerns from some colleagues on whether or not there was any
data to show that this was needed. And, actually, I did have
some information that was provided to me by the Illinois Center
for Violence Prevention and it indicates that one in six students
are actually victims of bullying, that frequently bullied kids
are more suicidal, and that boys who bully are more likely to
commit crimes. I’d be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON)
Is there any discussion? Senator Althoff.
SENATOR ALTHOFF:
Thank you. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HENDON)
She indicates she will. Senator Althoff.
SENATOR ALTHOFF:
Senator, can you tell me, is this a permissive bill or is
this required? Is this a mandate?
PRESIDING OFFICER: (SENATOR HENDON)
Senator Lightford.
SENATOR LIGHTFORD:
It’s permissive.
PRESIDING OFFICER: (SENATOR HENDON)
Further discussion? Seeing none, the question is, shall
Senate Bill 2630 pass. Those in favor will vote Aye. Opposed,
vote Nay. The voting is open. Have all voted who wish? Have
all voted who wish? Have all voted who wish? Take the record.
On that question, there are 51 voting Aye, 1 voting Nay, none
voting Present. Senate Bill 2630, having received the required

32
STATE OF ILLINOIS
94th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

76th Legislative Day 2/16/2006


FILED DATE: 3/15/2024 11:48 AM 2022L003763

constitutional majority, is declared passed. The Chair would


like to thank Senator Sieben for the nice cold bottle of water.
Senator Sieben. Senate Bill 2639. Senator Garrett. Out of the
record. Senate Bill 2655. Senator Cullerton. Senate Bill 2664.
Senator Crotty. Out of the record. Senate Bill 2691. Senator
Link. Out of the record. It is the intention of the Chair to
not return to anyone’s bills. If you want your bills, you need
to -- you need to call ‘em now. Senate Bill -- today I mean.
Senate Bill 2713. Senator Wilhelmi. Out of the record. Senate
Bill 2726. Senator Viverito. Senator Viverito. 2726. Out of
the record. Senate Bill 2728. Senator Viverito. Out of the
record. Senate Bill 2739. Senator Cullerton. Mr. Secretary,
read the bill.
ACTING SECRETARY KAISER:
Senate Bill 2739.
(Secretary reads title of bill)
3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Cullerton.
SENATOR CULLERTON:
Thank you, Mr. President, Members of the Senate. This is an
initiative of our Attorney General. It amends the --
Whistleblower Reward and Protection Act to require a respondent
to produce the original of any documentary material, unless the
Attorney General agrees that a copy may substitute for the
original. All documentary material kept or stored in electronic
form, including electronic mail, shall be produced in hard copy,
unless, again, the Attorney General agrees otherwise. Received
unanimous vote in Judiciary. Be happy to answer any questions
and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON)
Is there any discussion? Seeing none, the question is,
shall Senate Bill 2739 pass. Those in favor, vote Aye. Opposed
will vote Nay. The voting is open. Have all voted who wish?
Have all voted who wish? Have all voted who wish? Take the
record. On that question, there are 55 voting Aye, none voting
Nay, none voting Present. Senate Bill 2739, having received the
required constitutional majority, is declared passed. Senate
Bill 2763. Senator Clayborne. Mr. Secretary, read the bill.

33
FILED DATE: 3/15/2024 11:48 AM 2022L003763

EXHIBIT F
2009 ILL. SB 3266
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Enacted, June 28, 2010

Reporter
2009 ILL. ALS 952; 2009 Ill. Laws 952; 2009 ILL. P.A. 952; 2009 ILL. SB 3266

ILLINOIS ADVANCE LEGISLATIVE SERVICE > ILLINOIS 96TH GENERAL ASSEMBLY > PUBLIC ACT 96-952
> SENATE BILL 3266

Notice
Added: Text highlighted in green
Deleted: Red text with a strikethrough

Synopsis

AN ACT concerning education.

Text

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5.
The School Code is amended by changing Section 27-23.7 and by adding Sections 27-23.9 and 27-23.10 as
follows:
(105 ILCS 5/27-23.7)
Sec. 27-23.7.
Bullying prevention education; gang resistance education and training .
(a)
The General Assembly finds that A SAFE AND CIVIL SCHOOL ENVIRONMENT IS
NECESSARY FOR STUDENTS TO LEARN AND ACHIEVE AND THAT bullying CAUSES
PHYSICAL, PSYCHOLOGICAL, AND EMOTIONAL HARM TO STUDENTS AND INTERFERES
WITH STUDENTS’ ABILITY TO LEARN AND PARTICIPATE IN SCHOOL ACTIVITIES. THE
GENERAL ASSEMBLY FURTHER FINDS THAT BULLYING has a negative effect on the social
environment of schools, creates a climate of fear among students, inhibits their ability to learn,
and leads to other antisocial behavior. Bullying behavior has been linked to other forms of
antisocial behavior, such as vandalism, shoplifting, skipping and dropping out of school, fighting,
using drugs and alcohol, sexual harassment, and sexual violence. BECAUSE OF THE
NEGATIVE OUTCOMES ASSOCIATED WITH BULLYING IN SCHOOLS, THE GENERAL
ASSEMBLY FINDS THAT SCHOOL DISTRICTS AND NON-PUBLIC, NON-SECTARIAN
ELEMENTARY AND SECONDARY SCHOOLS SHOULD EDUCATE STUDENTS, PARENTS,
AND SCHOOL DISTRICT OR NON-PUBLIC, NON-SECTARIAN ELEMENTARY OR
Page 2 of 5
2009 ILL. SB 3266

SECONDARY SCHOOL PERSONNEL ABOUT WHAT BEHAVIORS CONSTITUTE


PROHIBITED BULLYING.
BULLYING ON THE BASIS OF ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, SEX,
NATIONAL ORIGIN, ANCESTRY, AGE, MARITAL STATUS, PHYSICAL OR MENTAL
FILED DATE: 3/15/2024 11:48 AM 2022L003763

DISABILITY, MILITARY STATUS, SEXUAL ORIENTATION, GENDER-RELATED IDENTITY


OR EXPRESSION, UNFAVORABLE DISCHARGE FROM MILITARY SERVICE, ASSOCIATION
WITH A PERSON OR GROUP WITH ONE OR MORE OF THE AFOREMENTIONED ACTUAL
OR PERCEIVED CHARACTERISTICS, OR ANY OTHER DISTINGUISHING
CHARACTERISTIC IS PROHIBITED IN ALL SCHOOL DISTRICTS AND NON-PUBLIC, NON-
SECTARIAN ELEMENTARY AND SECONDARY SCHOOLS. NO STUDENT SHALL BE
SUBJECTED TO BULLYING:
(1) DURING ANY SCHOOL-SPONSORED EDUCATION PROGRAM OR ACTIVITY;
(2) WHILE IN SCHOOL, ON SCHOOL PROPERTY, ON SCHOOL BUSES OR OTHER SCHOOL
VEHICLES, AT DESIGNATED SCHOOL BUS STOPS WAITING FOR THE SCHOOL BUS, OR
AT SCHOOL-SPONSORED OR SCHOOL-SANCTIONED EVENTS OR ACTIVITIES; OR
(3)
THROUGH THE TRANSMISSION OF INFORMATION FROM A SCHOOL COMPUTER, A
SCHOOL COMPUTER NETWORK, OR OTHER SIMILAR ELECTRONIC SCHOOL
EQUIPMENT.
The General Assembly further finds that the instance of youth delinquent gangs continues to
rise on a statewide basis. Given the higher rates of criminal offending among gang members,
as well as the availability of increasingly lethal weapons, the level of criminal activity by gang
members has taken on new importance for law enforcement agencies, schools, the
community, and prevention efforts.
(b)
In this Section:
“BULLYING” MEANS ANY SEVERE OR PERVASIVE PHYSICAL OR VERBAL ACT OR
CONDUCT, INCLUDING COMMUNICATIONS MADE IN WRITING OR ELECTRONICALLY,
DIRECTED TOWARD A STUDENT OR STUDENTS THAT HAS OR CAN BE REASONABLY
PREDICTED TO HAVE THE EFFECT OF ONE OR MORE OF THE FOLLOWING:
(1) PLACING THE STUDENT OR STUDENTS IN REASONABLE FEAR OF HARM TO THE
STUDENT’S OR STUDENTS’ PERSON OR PROPERTY;
(2) CAUSING A SUBSTANTIALLY DETRIMENTAL EFFECT ON THE STUDENT’S OR
STUDENTS’ PHYSICAL OR MENTAL HEALTH;
(3) SUBSTANTIALLY INTERFERING WITH THE STUDENT’S OR STUDENTS’ ACADEMIC
PERFORMANCE; OR
(4)
SUBSTANTIALLY INTERFERING WITH THE STUDENT’S OR STUDENTS’ ABILITY TO
PARTICIPATE IN OR BENEFIT FROM THE SERVICES, ACTIVITIES, OR PRIVILEGES
PROVIDED BY A SCHOOL.
BULLYING, AS DEFINED IN THIS SUBSECTION (B), MAY TAKE VARIOUS FORMS,
INCLUDING WITHOUT LIMITATION ONE OR MORE OF THE FOLLOWING:
HARASSMENT, THREATS, INTIMIDATION, STALKING, PHYSICAL VIOLENCE, SEXUAL
HARASSMENT, SEXUAL VIOLENCE, THEFT, PUBLIC HUMILIATION, DESTRUCTION
OF PROPERTY, OR RETALIATION FOR ASSERTING OR ALLEGING AN ACT OF
BULLYING. THIS LIST IS MEANT TO BE ILLUSTRATIVE AND NON-EXHAUSTIVE.
Page 3 of 5
2009 ILL. SB 3266

“SCHOOL PERSONNEL” MEANS PERSONS EMPLOYED BY, ON CONTRACT WITH, OR


WHO VOLUNTEER IN A SCHOOL DISTRICT OR NON-PUBLIC, NON-SECTARIAN
ELEMENTARY OR SECONDARY SCHOOL, INCLUDING WITHOUT LIMITATION
SCHOOL AND SCHOOL DISTRICT ADMINISTRATORS, TEACHERS, SCHOOL
FILED DATE: 3/15/2024 11:48 AM 2022L003763

GUIDANCE COUNSELORS, SCHOOL SOCIAL WORKERS, SCHOOL COUNSELORS,


SCHOOL PSYCHOLOGISTS, SCHOOL NURSES, CAFETERIA WORKERS,
CUSTODIANS, BUS DRIVERS, SCHOOL RESOURCE OFFICERS, AND SECURITY
GUARDS.
“Bullying prevention” means and includes instruction in all of the following:
(1) Intimidation.
(2) Student victimization.
(3) Sexual harassment.
(4) Sexual violence.
(5) Strategies for student-centered problem solving regarding bullying.
“Gang resistance education and training” means and includes instruction in, without
limitation, each of the following subject matters when accompanied by a stated objective of
reducing gang activity and educating children in grades K through 12 about the
consequences of gang involvement:
(1) Conflict resolution.
(2) Cultural sensitivity.
(3) Personal goal setting.
(4) Resisting peer pressure.
(c)
(BLANK). Each school district may make suitable provisions for instruction in bullying
prevention and gang resistance education and training in all grades and include such instruction
in the courses of study regularly taught therein. A school board may collaborate with a
community-based agency providing specialized curricula in bullying prevention whose ultimate
outcome is to prevent sexual violence. For the purposes of gang resistance education and
training, a school board must collaborate with State and local law enforcement agencies. The
State Board of Education may assist in the development of instructional materials and teacher
training in relation to bullying prevention and gang resistance education and training.
(d) EACH Beginning 180 days after August 23, 2007 (the effective date of Public Act 95-349), each
school district AND NON-PUBLIC, NON-SECTARIAN ELEMENTARY OR SECONDARY SCHOOL
shall create and maintain a policy on bullying, which policy must be filed with the State Board of
Education. Each school district AND NON-PUBLIC, NON-SECTARIAN ELEMENTARY OR
SECONDARY SCHOOL must communicate its policy on bullying to its students and their parent or
guardian on an annual basis. The policy must be updated every 2 years and filed with the State
Board of Education after being updated. The State Board of Education shall monitor the
implementation of policies created under this subsection (d).
(E)
THIS SECTION SHALL NOT BE INTERPRETED TO PREVENT A VICTIM FROM SEEKING
REDRESS UNDER ANY OTHER AVAILABLE CIVIL OR CRIMINAL LAW. NOTHING IN THIS
SECTION IS INTENDED TO INFRINGE UPON ANY RIGHT TO EXERCISE FREE
EXPRESSION OR THE FREE EXERCISE OF RELIGION OR RELIGIOUSLY BASED VIEWS
PROTECTED UNDER THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION
OR UNDER SECTION 3 OR 4 OF ARTICLE 1 OF THE ILLINOIS CONSTITUTION.
Page 4 of 5
2009 ILL. SB 3266

(Source: P.A. 94-937, eff. 6-26-06; 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-
08.)
(105 ILCS 5/27-23.9 new)
FILED DATE: 3/15/2024 11:48 AM 2022L003763

(Section scheduled to be repealed on March 2, 2011)


SEC. 27-23.9.
SCHOOL BULLYING PREVENTION TASK FORCE.
(A) IN THIS SECTION, “TASK FORCE” MEANS THE SCHOOL BULLYING PREVENTION TASK
FORCE.
(B) THE TASK FORCE IS CREATED AND CHARGED WITH EXPLORING THE CAUSES AND
CONSEQUENCES OF BULLYING IN SCHOOLS IN THIS STATE, IDENTIFYING PROMISING
PRACTICES THAT REDUCE INCIDENCES OF BULLYING, HIGHLIGHTING TRAINING AND
TECHNICAL ASSISTANCE OPPORTUNITIES FOR SCHOOLS TO EFFECTIVELY ADDRESS
BULLYING, EVALUATING THE EFFECTIVENESS OF SCHOOLS’ CURRENT ANTI-BULLYING
POLICIES AND OTHER BULLYING PREVENTION PROGRAMS, AND OTHER RELATED
ISSUES.
(C) WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDATORY ACT OF THE 96TH
GENERAL ASSEMBLY, THE STATE SUPERINTENDENT OF EDUCATION SHALL APPOINT 15
MEMBERS TO THE TASK FORCE. THE MEMBERSHIP OF THE TASK FORCE SHALL INCLUDE
REPRESENTATIVES OF STATE AGENCIES WHOSE WORK INCLUDES BULLYING
PREVENTION OR INTERVENTION; STATEWIDE ORGANIZATIONS THAT FOCUS ON
VIOLENCE OR BULLYING PREVENTION OR INTERVENTION; TEACHERS AND MANAGEMENT
PERSONNEL FROM AT LEAST 3 SCHOOL DISTRICTS; ACADEMICS WHO CONDUCT
RESEARCH ON BULLYING, ITS CONSEQUENCES TO STUDENTS IN GRADES K THROUGH
12, OR EFFECTIVE STRATEGIES FOR PREVENTING OR ADDRESSING BULLYING; A
CURRENT HIGH SCHOOL OR COLLEGE STUDENT WHO HAS EXPERIENCED BULLYING; AND
OTHERS AT THE STATE SUPERINTENDENT’S DISCRETION. MEMBERS OF THE TASK
FORCE SHALL SERVE WITHOUT COMPENSATION.
(D) THE STATE BOARD OF EDUCATION SHALL PROVIDE TECHNICAL ASSISTANCE FOR THE
WORK OF THE TASK FORCE.
(E) NO LATER THAN MARCH 1, 2011, THE TASK FORCE SHALL SUBMIT A REPORT TO THE
GOVERNOR AND THE GENERAL ASSEMBLY ON ANY RECOMMENDATIONS FOR
PREVENTING AND ADDRESSING BULLYING IN SCHOOLS IN THIS STATE AND A PROPOSED
TIMELINE FOR MEETING THE TASK FORCE’S CHARGES IDENTIFIED IN THIS SECTION.
(F)
THIS SECTION IS REPEALED ON MARCH 2, 2011.
(105 ILCS 5/27-23.10 new)
SEC. 27-23.10.
GANG RESISTANCE EDUCATION AND TRAINING.
(A) THE GENERAL ASSEMBLY FINDS THAT THE INSTANCE OF YOUTH DELINQUENT GANGS
CONTINUES TO RISE ON A STATEWIDE BASIS. GIVEN THE HIGHER RATES OF CRIMINAL
OFFENDING AMONG GANG MEMBERS, AS WELL AS THE AVAILABILITY OF INCREASINGLY
LETHAL WEAPONS, THE LEVEL OF CRIMINAL ACTIVITY BY GANG MEMBERS HAS TAKEN
ON NEW IMPORTANCE FOR LAW ENFORCEMENT AGENCIES, SCHOOLS, THE COMMUNITY,
AND PREVENTION EFFORTS.
(B)
Page 5 of 5
2009 ILL. SB 3266

AS USED IN THIS SECTION:


“GANG RESISTANCE EDUCATION AND TRAINING” MEANS AND INCLUDES INSTRUCTION
IN, WITHOUT LIMITATION, EACH OF THE FOLLOWING SUBJECT MATTERS WHEN
ACCOMPANIED BY A STATED OBJECTIVE OF REDUCING GANG ACTIVITY AND
FILED DATE: 3/15/2024 11:48 AM 2022L003763

EDUCATING CHILDREN IN GRADES K THROUGH 12 ABOUT THE CONSEQUENCES OF


GANG INVOLVEMENT:
(1) CONFLICT RESOLUTION;
(2) CULTURAL SENSITIVITY;
(3) PERSONAL GOAL SETTING; AND
(4) RESISTING PEER PRESSURE.
(C) EACH SCHOOL DISTRICT AND NON-PUBLIC, NON-SECTARIAN ELEMENTARY OR
SECONDARY SCHOOL IN THIS STATE MAY MAKE SUITABLE PROVISIONS FOR
INSTRUCTION IN GANG RESISTANCE EDUCATION AND TRAINING IN ALL GRADES AND
INCLUDE THAT INSTRUCTION IN THE COURSES OF STUDY REGULARLY TAUGHT IN THOSE
GRADES. FOR THE PURPOSES OF GANG RESISTANCE EDUCATION AND TRAINING, A
SCHOOL BOARD OR THE GOVERNING BODY OF A NON-PUBLIC, NON-SECTARIAN
ELEMENTARY OR SECONDARY SCHOOL MUST COLLABORATE WITH STATE AND LOCAL
LAW ENFORCEMENT AGENCIES. THE STATE BOARD OF EDUCATION MAY ASSIST IN THE
DEVELOPMENT OF INSTRUCTIONAL MATERIALS AND TEACHER TRAINING IN RELATION TO
GANG RESISTANCE EDUCATION AND TRAINING.

Section 90.
The State Mandates Act is amended by adding Section 8.34 as follows:
(30 ILCS 805/8.34 new)
SEC. 8.34.
EXEMPT MANDATE. NOTWITHSTANDING SECTIONS 6 AND 8 OF THIS ACT, NO
REIMBURSEMENT BY THE STATE IS REQUIRED FOR THE IMPLEMENTATION OF ANY
MANDATE CREATED BY THIS AMENDATORY ACT OF THE 96TH GENERAL ASSEMBLY.

Section 99.
Effective date. This Act takes effect upon becoming law.

History

Approved June 28, 2010


Effective June 28, 2010

Sponsor
Lightford

ILLINOIS ADVANCE LEGISLATIVE SERVICE


Copyright © 2023 LexisNexis. All rights reserved.

End of Document
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

HB0354 First Reading 17


HB3869 First Reading 17
HB4674 First Reading 3
HB4858 First Reading 3
HB4927 First Reading 17
HB4928 First Reading 3
HB5053 First Reading 3
HB5057 First Reading 3
HB5183 First Reading 17
HB5281 First Reading 17
HB5282 First Reading 3
HB5304 First Reading 17
HB5329 First Reading 17
HB5340 First Reading 3
HB5341 First Reading 3
HB5407 First Reading 3
HB5448 First Reading 17
HB5515 First Reading 3
HB5525 First Reading 18
HB5671 First Reading 18
HB5791 First Reading 18
HB5838 First Reading 3
HB5858 First Reading 3
HB5863 First Reading 3
HB5951 First Reading 3
HB5960 First Reading 3
HB5966 First Reading 4
HB5972 First Reading 18
HB6003 First Reading 18
HB6014 First Reading 18
HB6041 First Reading 4
HB6047 First Reading 18
HB6077 First Reading 4
HB6101 First Reading 4
HB6151 First Reading 18
HB6231 First Reading 18
HB6272 First Reading 18
HB6359 First Reading 4
SB1346 Second Reading 45
SB1946 Concurrence 74
SB2494 Second Reading 46

1
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

SB2812 Third Reading 48


SB2996 Third Reading 56
SB3064 Second Reading 41
SB3152 Recalled 50
SB3152 Third Reading 51
SB3152 Vote Intention 56
SB3215 Second Reading 44
SB3266 Recalled 57
SB3266 Third Reading 58
SB3267 Recalled 52
SB3267 Third Reading 53
SB3343 Second Reading 36
SB3344 Recalled 59
SB3344 Third Reading 60
SB3474 Second Reading 45
SB3513 Second Reading 37
SB3522 Second Reading 46
SB3619 Third Reading 61
SB3702 Third Reading 62
SB3750 Second Reading 40
SB3775 Second Reading 41
SB3781 Second Reading 37
SB3797 Second Reading 38
SB3800 Second Reading 40
SR0435 Adopted 24
SR0576 Adopted 19
SR0577 Adopted 20
SR0625 Adopted 11
SR0633 Adopted 28
SR0635 Adopted 21
SR0643 Adopted 29
SR0651 Adopted 30
SR0652 Adopted 21
SR0681 Adopted 23
SR0729 Adopted 47
SR0729 Resolution Offered 2
HJR0056 Adopted 28
HJR0080 Resolution Offered 73
HJR0089 Adopted 48
SJR0081 Adopted 24
SJR0105 Adopted 25
SJR0105 Adopted 35

2
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

SJR0105 Motion 32
SJR0107 Adopted 27

Senate to Order-Senator Lightford 1


Prayer-The Reverend Jonathan Dixon 1
Pledge of Allegiance 1
Journal-Postponed 1
Committee Reports 1
Messages from the House 2
Introduction of Guests-Senator Righter 4
Remarks and Introductions by Coach Bob 4
Coffman
Senate Stands at Ease/Reconvenes 9
Committee Reports 9
Senate Stands at Ease/Reconvenes 11
Senate Stands in Recess/Reconvenes 15
Committee Reports 15
Messages from the House 16
Senate Stands at Ease/Reconvenes 19
Messages from the House 22
Senate Stands at Ease/Reconvenes 31
Committee Reports 31
Senate Stands in Recess/Reconvenes 72
Committee Reports 72
Messages from the House 72
Senate Stands at Ease/Reconvenes 89
Committee Reports 89
Adjournment 90

3
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

PRESIDING OFFICER: (SENATOR LIGHTFORD)


The regular Session of the 96th General Assembly will
please come to order. Will the Members please be at their desk?
Will our guests in the galleries please rise? The invocation
today will be given by Reverend Jonathan Dixon, Riverton
Methodist Church, Riverton, Illinois. Reverend Dixon.
THE REVEREND JONATHAN DIXON:
(Prayer by the Reverend Jonathan Dixon)
PRESIDING OFFICER: (SENATOR LIGHTFORD)
Please remain standing for the Pledge of Allegiance.
Senator Jacobs.
SENATOR JACOBS:
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR LIGHTFORD)
Madam Secretary, Reading and Approval of the Journal.
SECRETARY ROCK:
Senate Journal of Tuesday, March 23rd, 2010.
PRESIDING OFFICER: (SENATOR LIGHTFORD)
Senator Hunter.
SENATOR HUNTER:
Madam President, I move to postpone the reading and
approval of the Journal just read by the –- by the Secretary,
pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR LIGHTFORD)
Thank you, Senator. Senator Hunter moves to postpone the
reading and approval of the Journal, pending arrival of the
printed transcripts. There being no objection, so ordered.
Madam Secretary, Committee Reports.
SECRETARY ROCK:

1
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

Thank you, Mr. President, Ladies and Gentlemen of the


Senate. Senate Bill 2996, as amended, makes various changes
regarding bank regulation and pawnbroker regulations. This is a
bill brought by the Illinois Department of Financial and
Professional Regulations {sic} (Regulation). There is no
opponents and it left the committee on a leave roll call. I’d
be happy to answer questions.
PRESIDING OFFICER: (SENATOR HENDON)
Is there any discussion? Seeing none, the question is,
shall Senate Bill 2996 pass. All those in favor will vote Aye.
Opposed will vote Nay. And the voting is open. Have all voted
who wish? Have all voted who wish? Have all voted who wish?
Take the record. On that question, there are 55 voting Aye,
none voting Nay, none voting Present. Senate Bill 2996, having
received the required constitutional majority, is declared
passed. With leave of the Body, we’re going to turn to -- ahead
to your Calendar. Page 30 of your Calendar is Senate Bill 3266.
Senator Lightford, on 3266. Senator Lightford seeks leave of
the Body to return Senate Bill 3266 to the Order of 2nd Reading
for the purposes of an amendment. Hearing no objection, leave
is granted. Now on the Order of 2nd Reading is Senate Bill
3266. Madam Secretary, have there been any Floor amendments
approved for consideration?
SECRETARY ROCK:
Floor Amendment 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Lightford, to explain Floor Amendment No. 1.
SENATOR LIGHTFORD:
Thank you, Mr. President, Ladies and Gentlemen of the

57
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

Senate. Senate Bill 3266 amends the Section of the School Code
concerning bullying prevention and gang resistance education and
training. The bill defines bullying and convenes a task force
of fifteen members to review bullying causes and policies and it
issues a report to the General Assembly by March 1st of 2011. I
-– I want to bring to everyone’s attention the importance of
this task force. Bullying is a serious problem. It’s a serious
problem in our State. It leads to violence. We had four
children last year commit suicide who were being bullied at the
young age of ten, eleven and fifteen. We should not take this
lightly. I’d appreciate an Aye vote. And the next time
bullying comes back to this Floor, I would appreciate an Aye
vote so that we can help deter violence in our schools.
PRESIDING OFFICER: (SENATOR HENDON)
Is there any discussion? Seeing none, all those in favor
say Aye. Opposed, say Nay. The Ayes have it, and the amendment
is adopted. Have there been any further Floor amendments
approved for consideration?
SECRETARY ROCK:
No further amendments reported.
PRESIDING OFFICER: (SENATOR HENDON)
3rd Reading. Now on the Order of 3rd Reading is Senate
Bill 3266. Madam Secretary, read the bill.
SECRETARY ROCK:
Senate Bill 3266.
(Secretary reads title of bill)
3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Lightford.

58
STATE OF ILLINOIS
96th GENERAL ASSEMBLY
REGULAR SESSION
SENATE TRANSCRIPT

102nd Legislative Day 3/24/2010


FILED DATE: 3/15/2024 11:48 AM 2022L003763

SENATOR LIGHTFORD:
Thank you, Mr. President, Ladies and Gentlemen of the
Senate. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HENDON)
The question is, shall Senate Bill 3266 pass. All those in
favor will vote Aye. Opposed will vote Nay. And the voting is
open. Have all voted who wish? Have all voted who wish? Have
all voted who wish? Take the record. On that question, there
are 51 voting Aye, 2 voting Nay, none voting Present. Senate
Bill 3266, having received the required constitutional majority,
is declared passed. Senate Bill 3320. Senator John Jones.
3320, sir. Out of the record. Senate Bill 3344. Senator
Clayborne. Clayborne, 3344, sir. Madam Secretary -- Senator
Clayborne seeks leave of the Body to return Senate Bill 3344 to
the Order of 2nd Reading for purpose of amendment. Hearing no
objection, leave is granted. Now on the Order of 2nd Reading is
Senate Bill 3344. Madam Secretary, have there been any Floor
amendments approved for consideration?
SECRETARY ROCK:
Floor Amendment 1, offered by Senator Clayborne.
PRESIDING OFFICER: (SENATOR HENDON)
Senator Clayborne, to explain amendment.
SENATOR CLAYBORNE:
Thank you, Mr. -– Mr. -– Mr. President. Basically, what
this does, this speeds up the permitting process for air and
water. It’s still a work in progress. There’s a commitment to
work with –- with AFSCME as well as IEPA to get this resolved.
PRESIDING OFFICER: (SENATOR HENDON)
There any discussion? Seeing none, all those in favor will

59
FILED DATE: 3/15/2024 11:48 AM 2022L003763

EXHIBIT G
2013 Ill. HB 5707
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Enacted, June 26, 2014

Reporter
2013 ILL. ALS 669; 2013 Ill. Laws 669; 2013 ILL. P.A. 669; 2013 Ill. HB 5707

ILLINOIS ADVANCE LEGISLATIVE SERVICE > ILLINOIS 98TH GENERAL ASSEMBLY > PUBLIC ACT 98-669
> HOUSE BILL 5707

Notice
Added: Text highlighted in green
Deleted: Red text with a strikethrough

Synopsis

AN ACT concerning education.

Text

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 105 ILCS 5/27-23.7 and 105 ILCS 5/27A-5 as
follows:
(105 ILCS 5/27-23.7)
Sec. 27-23.7. Bullying prevention.
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn
and achieve and that bullying causes physical, psychological, and emotional harm to students and
interferes with students” ability to learn and participate in school activities. The General Assembly further
finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting,
skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with bullying in schools, the General Assembly
finds that school districts, charter schools, and non-public, non-sectarian elementary and secondary
schools should educate students, parents, and school district, charter school, or non-public, non-
sectarian elementary or secondary school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital
status, physical or mental disability, military status, sexual orientation, gender-related identity or
expression, unfavorable discharge from military service, association with a person or group with one or
more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic
is prohibited in all school districts, charter schools, and non-public, non-sectarian elementary and
secondary schools. No student shall be subjected to bullying:
(1) during any school-sponsored education program or activity;
Page 2 of 6
2013 Ill. HB 5707

(2) while in school, on school property, on school buses or other school vehicles, at designated school
bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or
activities; or
(3) through the transmission of information from a school computer, a school computer network, or other
FILED DATE: 3/15/2024 11:48 AM 2022L003763

similar electronic school equipment.

(a-5) Nothing in this Section is intended to infringe upon any right to exercise free expression or the free
exercise of religion or religiously based views protected under the First Amendment to the United States
Constitution or under Section 3 of Article I of the Illinois Constitution.
(b) In this Section:
“Bullying” means any severe or pervasive physical or verbal act or conduct, including
communications made in writing or electronically, directed toward a student or students that has or
can be reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear of harm to the student’s or students” person
or property;
(2) causing a substantially detrimental effect on the student’s or students” physical or mental health;
(3) substantially interfering with the student’s or students” academic performance; or
(4) substantially interfering with the student’s or students” ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation
one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual
harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for
asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.
“Policy on bullying” means a bullying prevention policy that meets the following criteria:
(1) Includes the bullying definition provided in this Section.
(2) Includes a statement that bullying is contrary to State law and the policy of the school district,
charter school, or non-public, non-sectarian elementary or secondary school and is
consistent with subsection (a-5) of this Section.
(3) Includes procedures for promptly reporting bullying, including, but not limited to, identifying
and providing the school e-mail address (if applicable) and school telephone number for the
staff person or persons responsible for receiving such reports and a procedure for
anonymous reporting; however, this shall not be construed to permit formal disciplinary
action solely on the basis of an anonymous report.
(4) Consistent with federal and State laws and rules governing student privacy rights, includes
procedures for promptly informing parents or guardians of all students involved in the alleged
incident of bullying and discussing, as appropriate, the availability of social work services,
counseling, school psychological services, other interventions, and restorative measures.
(5) Contains procedures for promptly investigating and addressing reports of bullying, including
the following:
(A) Making all reasonable efforts to complete the investigation within 10 school days after
the date the report of the incident of bullying was received and taking into consideration
additional relevant information received during the course of the investigation about the
reported incident of bullying.
(B) Involving appropriate school support personnel and other staff persons with knowledge,
experience, and training on bullying prevention, as deemed appropriate, in the
investigation process.
Page 3 of 6
2013 Ill. HB 5707

(C) Notifying the principal or school administrator or his or her designee of the report of the
incident of bullying as soon as possible after the report is received.
(D) Consistent with federal and State laws and rules governing student privacy rights,
providing parents and guardians of the students who are parties to the investigation
FILED DATE: 3/15/2024 11:48 AM 2022L003763

information about the investigation and an opportunity to meet with the principal or
school administrator or his or her designee to discuss the investigation, the findings of
the investigation, and the actions taken to address the reported incident of bullying.
(6) Includes the interventions that can be taken to address bullying, which may include, but are
not limited to, school social work services, restorative measures, social-emotional skill
building, counseling, school psychological services, and community-based services.
(7) Includes a statement prohibiting reprisal or retaliation against any person who reports an act
of bullying and the consequences and appropriate remedial actions for a person who
engages in reprisal or retaliation.
(8) Includes consequences and appropriate remedial actions for a person found to have falsely
accused another of bullying as a means of retaliation or as a means of bullying.
(9) Is based on the engagement of a range of school stakeholders, including students and
parents or guardians.
(10) Is posted on the school district’s, charter school’s, or non-public, non-sectarian elementary
or secondary school’s existing Internet website and is included in the student handbook,
and, where applicable, posted where other policies, rules, and standards of conduct are
currently posted in the school, and is distributed annually to parents, guardians, students,
and school personnel, including new employees when hired.
(11) As part of the process of reviewing and re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess the outcomes and effectiveness of
the policy that includes, but is not limited to, factors such as the frequency of victimization;
student, staff, and family observations of safety at a school; identification of areas of a school
where bullying occurs; the types of bullying utilized; and bystander intervention or
participation. The school district, charter school, or non-public, non-sectarian elementary or
secondary school may use relevant data and information it already collects for other
purposes in the policy evaluation. The information developed as a result of the policy
evaluation must be made available on the Internet website of the school district, charter
school, or non-public, non-sectarian elementary or secondary school. If an Internet website
is not available, the information must be provided to school administrators, school board
members, school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school board, charter school, or non-public, non-
sectarian elementary or secondary school.
Restorative measures” means a continuum of school-based alternatives to exclusionary
discipline, such as suspensions and expulsions, that: (i) are adapted to the particular needs
of the school and community, (ii) contribute to maintaining school safety, (iii) protect the
integrity of a positive and productive learning climate, (iv) teach students the personal and
interpersonal skills they will need to be successful in school and society, (v) serve to build
and restore relationships among students, families, schools, and communities, and (vi)
reduce the likelihood of future disruption by balancing accountability with an understanding
of students” behavioral health needs in order to keep students in school
“School personnel” means persons employed by, on contract with, or who volunteer in a
school district, charter schools, or non-public, non-sectarian elementary or secondary school,
including without limitation school and school district administrators, teachers, school
guidance counselors, school social workers, school counselors, school psychologists, school
Page 4 of 6
2013 Ill. HB 5707

nurses, cafeteria workers, custodians, bus drivers, school resource officers, and security
guards.
(c) (Blank).
FILED DATE: 3/15/2024 11:48 AM 2022L003763

(d) Each school district, charter school, and non-public, non-sectarian elementary or secondary school shall
create, and maintain, and implement a policy on bullying, which policy must be filed with the State Board
of Education. Every 2 years, each school district, charter school, and non-public, non-sectarian
elementary or secondary school shall conduct a review and re-evaluation of its policy and make any
necessary and appropriate revisions. Each school district and non-public, non-sectarian elementary or
secondary school must communicate its policy on bullying to its students and their parent or guardian on
an annual basis. The policy must be updated every 2 years and filed with the State Board of Education
after being updated. The State Board of Education shall monitor and provide technical support for the
implementation of policies created under this subsection (d).
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available
civil or criminal law. Nothing in this Section is intended to infringe upon any right to exercise free
expression or the free exercise of religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3 or 4 of Article 1 of the Illinois
Constitution.
(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)
(105 ILCS 5/27A-5)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian, nonreligious, non-home based, and non-profit school.
A charter school shall be organized and operated as a nonprofit corporation or other discrete, legal,
nonprofit entity authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article by creating a new school or by converting an
existing public school or attendance center to charter school status. Beginning on the effective date of
this amendatory Act of the 93rd General Assembly, in all new applications submitted to the State Board
or a local school board to establish a charter school in a city having a population exceeding 500,000,
operation of the charter school shall be limited to one campus. The changes made to this Section by this
amendatory Act of the 93rd General Assembly do not apply to charter schools existing or approved on
or before the effective date of this amendatory Act.
(b-5) In this subsection (b-5), “virtual-schooling” means the teaching of courses through online methods
with online instructors, rather than the instructor and student being at the same physical location. “Virtual-
schooling” includes without limitation instruction provided by full-time, online virtual schools.
From April 1, 2013 through April 1, 2014, there is a moratorium on the establishment of charter schools
with virtual-schooling components in school districts other than a school district organized under Article
34 of this Code. This moratorium does not apply to a charter school with virtual-schooling components
existing or approved prior to April 1, 2013 or to the renewal of the charter of a charter school with virtual-
schooling components already approved prior to April 1, 2013.
On or before March 1, 2014, the Commission shall submit to the General Assembly a report on the effect
of virtual-schooling, including without limitation the effect on student performance, the costs associated
with virtual-schooling, and issues with oversight. The report shall include policy recommendations for
virtual-schooling.
(c) A charter school shall be administered and governed by its board of directors or other governing body in
the manner provided in its charter. The governing body of a charter school shall be subject to the
Freedom of Information Act and the Open Meetings Act.
(d) A charter school shall comply with all applicable health and safety requirements applicable to public
schools under the laws of the State of Illinois.
Page 5 of 6
2013 Ill. HB 5707

(e) Except as otherwise provided in the School Code, a charter school shall not charge tuition; provided that
a charter school may charge reasonable fees for textbooks, instructional materials, and student activities.
(f) A charter school shall be responsible for the management and operation of its fiscal affairs including, but
not limited to, the preparation of its budget. An audit of each charter school’s finances shall be conducted
FILED DATE: 3/15/2024 11:48 AM 2022L003763

annually by an outside, independent contractor retained by the charter school. Annually, by December
1, every charter school must submit to the State Board a copy of its audit and a copy of the Form 990
the charter school filed that year with the federal Internal Revenue Service.
(g) A charter school shall comply with all provisions of this Article, the Illinois Educational Labor Relations
Act, and its charter. A charter school is exempt from all other State laws and regulations in this the School
Code governing public schools and local school board policies, except the following:
(1) Sections 10-21.9 and 34-18.5 of this the School Code regarding criminal history records checks and
checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender
Against Youth Database of applicants for employment;
(2) Sections 24-24 and 34-84A of this the School Code regarding discipline of students;
(3) theThe Local Governmental and Governmental Employees Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) theThe Abused and Neglected Child Reporting Act;
(6) theThe Illinois School Student Records Act;
(7) Section 10-17a of this the School Code regarding school report cards; and
(8) theThe P-20 Longitudinal Education Data System Act; and.
(9) Section 27-23.7 of this Code regarding bullying prevention.
The change made by Public Act 96-104 to this subsection (g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a school district, the governing body of a State college
or university or public community college, or any other public or for-profit or nonprofit private entity for:
(i) the use of a school building and grounds or any other real property or facilities that the charter school
desires to use or convert for use as a charter school site, (ii) the operation and maintenance thereof, and
(iii) the provision of any service, activity, or undertaking that the charter school is required to perform in
order to carry out the terms of its charter. However, a charter school that is established on or after the
effective date of this amendatory Act of the 93rd General Assembly and that operates in a city having a
population exceeding 500,000 may not contract with a for-profit entity to manage or operate the school
during the period that commences on the effective date of this amendatory Act of the 93rd General
Assembly and concludes at the end of the 2004-2005 school year. Except as provided in subsection (i)
of this Section, a school district may charge a charter school reasonable rent for the use of the district’s
buildings, grounds, and facilities. Any services for which a charter school contracts with a school district
shall be provided by the district at cost. Any services for which a charter school contracts with a local
school board or with the governing body of a State college or university or public community college shall
be provided by the public entity at cost.
(i) In no event shall a charter school that is established by converting an existing school or attendance
center to charter school status be required to pay rent for space that is deemed available, as negotiated
and provided in the charter agreement, in school district facilities. However, all other costs for the
operation and maintenance of school district facilities that are used by the charter school shall be subject
to negotiation between the charter school and the local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age or grade level.
(k) If the charter school is approved by the Commission, then the Commission charter school is its own local
education agency.
Page 6 of 6
2013 Ill. HB 5707

(Source: P.A. 97-152, eff. 7-20-11; 97-154, eff. 1-1-12; 97-813, eff. 7-13-12; 98-16, eff. 5-24-13.)

Section 99. Effective date.


FILED DATE: 3/15/2024 11:48 AM 2022L003763

This Act takes effect upon becoming law.

History

Approved by the Governor June 26, 2014


Effective date: June 26, 2014

Sponsor
Cassidy

ILLINOIS ADVANCE LEGISLATIVE SERVICE


Copyright © 2023 LexisNexis. All rights reserved.

End of Document
STATE OF ILLINOIS
98th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE
FILED DATE: 3/15/2024 11:48 AM 2022L003763

119th Legislative Day 4/10/2014

Clerk Hollman: "House Perfunctory Session will come to order.


Introduction of Resolutions. House Joint Resolution 89,
offered by Representative Ford, is referred to the Rules
Committee. Committee Reports. Representative Barbara Flynn
Currie, Chairperson from the Committee on Rules reports the
following committee action taken on April 10, 2014:
recommends be adopted for the floor is Floor Amendment #2 to
House Bill 802, Floor Amendment #4 to House Bill 3820, Floor
Amendments 3 and 4 to House Bill 4075, Floor Amendment #3 to
House Bill 4094, Floor Amendment #1 to House Bill 4558, Floor
Amendment #3 to House Bill 5567, Floor Amendment #1 to House
Bill 5660."
Speaker Lang: "The House will be in order. Members will please be
in their chairs. We shall be led in prayer today by Dr. Casey
Tygrett, who is with Parkview Church in Orland Park. Dr.
Tygrett is the guest of Representative Kosel. Members and
guest are asked to refrain from stating their laptops, turn
off cell phones, and rise for the invocation and Pledge of
Allegiance. Dr. Tygrett."
Dr. Tygrett: "Would you pray with me? God, today is sacred. It's
sacred because this day will never happen again. It's sacred
and unique in its simplicity, in its individuality and in the
miracle of our simple presence here. Our words and our
actions, our attitudes will never be repeated. We have this
day. This day that You have created. This day that You have
given us, so may we use it well. May we use it with wisdom
and grace and humility. May we use it for the sake of those
we represent. May we use it for the sake of those who cannot
speak for themselves, for the poor and the oppressed and the

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STATE OF ILLINOIS
98th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE
FILED DATE: 3/15/2024 11:48 AM 2022L003763

119th Legislative Day 4/10/2014

Bills that are on Short Debate, we will follow the rules. The
next Bill in order is House Bill 5707, Representative Cassidy.
Please read the Bill."
Clerk Bolin: "House Bill 5707, a Bill for an Act concerning
education. Third Reading of this House Bill."
Speaker Lang: "Representative Cassidy."
Cassidy: "Thank you, Mr. Speaker, Members of the House. In 2007,
we passed a law creating a requirement that school districts
adopt policies on bullying. 2010, we updated that, defining
bullying, and creating a task force to study the issue and
make recommendations for best practices. The School Bullying
Prevention Task Force recommended that Illinois law be
amended to provide clear guidance to schools for the evec…
effective prevention and intervention of bullying, including
guiding… guidance around what bullying policies need to
include. I regularly hear from parents from all over the
state, who are frustrated, frightened, and often heartbroken.
Their kids represent a huge cross section of our community.
They are targeted because of disability, because of race,
because of gender, because of weight, because of religion,
and yes, because of sexual orientation. What they have in
common is a lack of support and response from their schools
and their school districts, who often express surprise that
there is a problem, and suggest that we just need to let…
remember that kids will be kids. And they… or they simply say
they don’t know how to help them. These schools, these
communities, these parents and these kids need tools and
information to help solve the problem. This Bill does not
mandate programming, assemblies of any kind. This gives local

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STATE OF ILLINOIS
98th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE
FILED DATE: 3/15/2024 11:48 AM 2022L003763

119th Legislative Day 4/10/2014

communities the tools they are asking for and will help us
ensure that our schools are safe places of learning, not fear.
Under the existing law, and this law, no student would be
forced to act, or abandon their sincerely held religious
beliefs, or lose their protected right to free speech, as
guaranteed in the Constitution. I welcome your questions. I
ask for your support."
Speaker Lang: "Mr. Morrison."
Morrison: "Thank you, Mr. Speaker. Will the Sponsor yield?"
Speaker Lang: "Sponsor yields."
Morrison: "First of all, Mr. Speaker, could we take this off Short
Debate, please?"
Speaker Lang: "At your request, the Bill will be removed from
Short Debate, but I will leave the timer on, Sir."
Morrison: "Okay. Thank you. Representative Cassidy, there are,
according to my analysis, there are a number of opponents
that include the Illinois School Management Alliance, ED-RED,
LEND, SCOPE, HSDO. Why… why are they opposed?"
Cassidy: "We have been working with the School Management
Alliance. They were under the impression that since this was
based on the best practices model of New Jersey, that many of
the funded portions of the New Jersey model were included.
They are not. None of the man… the mandates that were… that
have costs, that… that come out of the New Jersey model are
included in this. We'll continue to work with… with the School
Management Alliance as we have already. We made some… some
changes in adva… up to this point. They continue to have some
concerns about how the data will be collected and… and shared,
and we'll continue to work with them on that."

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98th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE
FILED DATE: 3/15/2024 11:48 AM 2022L003763

119th Legislative Day 4/10/2014

Morrison: "And that’s another question I was going to ask


actually, is… is according to the Bill, there is going to be
a lot of data collected by teachers, by staffers, counselors,
other administrators. How… you know, schools are already
under tremendous amount of burden just teaching the children
the curriculum itself. And obviously, no one's… no one in
this Body, no one in this state is going to support bullying,
but isn’t there an undue burden on those administrators and
teachers in… in collecting all this data?"
Cassidy: "I don’t believe so. It's very simply following a set
guideline for how they'll be reported. If we actually im… if
we follow uniform steps when a… when a bullying incident is
reported, that collection of data is… is automatic. The… the
problem comes, and one of the most heartbreaking stories I've
heard, was from a family whose son had just made his second
suicide attempt, and had been bullied out of two schools.
When he… when he left the second school, he was told, and his
family was told, that no other family had made a complaint
like this. Within two days of word getting out about this
child's attempt on his own life, they heard from four other
families who had been bullied out of that same school, who
had been told the exact same thing. This is nothing short of
victim blaming. We need to know the size and scope of this
problem so that we can do a better job of protecting our kids
and our families."
Morrison: "Thank you for that. I… on page 9… And by the way,
Representative, I come… I come with this issue with an
interesting perspective. Obviously, I'm a… I'm a father of
two, I've been in school myself, I've been a teacher…"

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Speaker Lang: "Mr. Morrison, your time has expired. Can you bring
your comments to a close, Sir?"
Morrison: "I'll have further questions if someone on my side will
yield their time."
Speaker Lang: "Mr. Halbrook."
Halbrook: "Thank you, Mr. Speaker. I yield my time to
Representative Morrison."
Speaker Lang: "Mr. Morrison."
Morrison: "Thank you. And actually, Representative, I… I hope
that we can talk about this further. But I've been on both
sides of… of bullying. I've been bullied. And I'm ashamed to
say it, I have been a bully, when I was considerably younger.
And one thing that I thought was… that is very, very important
is parental involvement. And in page 9 of your Bill, parents
are… are taken out of, or there's… there's a provision that
you strike out. Every school in this state, whether it's
private, whether it's public, charter, has to communicate
their antibullying policy with the parents. I'm just
wondering why you would take that provision out of your Bill.
Shouldn’t parents have knowledge about what the antibullying
program is in their school?"
Cassidy: "It… it is moved to a separate area where the policy is
shared and parents are automatically involved at the time of
an incident, whether… whether we're talking about a bully or
a victim. Additionally, this policy, this Bill, acknowledges
the need to respond to bullies and the… and the issues that
have brought them to that place in a way that is… that is
restorative. Because it recognizes that… that children who

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are bullying, frequently are coming from a place of hurt,


and… and recognizes that they are not monsters."
Morrison: "Could you… could you explain that restorative process,
or just give an example of… of the restorative process?"
Cassidy: "Very simply, it… it encourages rather than exclusionary
and harsh disciplinary measures that… that the bully be looked
at as well. Not simply as the attacker, but as… as a whole
human being in need of… of support as well. And that is the
meaning of restorative justice. Restorative justice means to
restore all parties to wholeness."
Morrison: "Okay. And there's… there's definitely value in that.
But I know… I see my time is winding down here. I do have
some additional questions if someone else on my side would
yield time."
Speaker Lang: "Representative Pihos."
Pihos: "Thank you, Mr. Speaker. And to the Bill. I spoke with the
Representative yesterday. In the past, we have worked very
hard together on some previous bullying Bills. The state does
have a bullying policy in place. There is no question that
the state needs to continue to work on that. The General
Assembly, if you look at the opponents, you might not know
the reason they oppose this Bill. It's not just because it's
an unfunded mandate, but there are many Bills moving through
the General Assembly on this particular issue because it is
an important issue, and we recognize it. But they're all in
conflict with each other. They require a variety of responses
that are in conflict, some suspensions, some expulsion issues
moving through the General Assembly. I also shared with the
Representative that my youngest son was a victim of intense

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bullying. This Bill, a collection of data, would not have


made his life any better. So, while I think we have to work
collectively for a response to this in the quickest way
possible, I don’t think at the end of the day that this Bill
is going to improve the lives of the victims to the extent
that we would like it to. Thank you."
Speaker Lang: "Mr. Brown."
Brown: "Thank you, Mr. Speaker. I yield my time to Tom Morrison."
Speaker Lang: "Mr. Morrison for two minutes."
Morrison: "Okay. Thank you. And I'm… I'm going to bring to a close
here. But Representative Cassidy, why… why is there not an
opt out provision for those who would have a religious
objection to school assemblies? I know that your Bill does
not mandate content. But… but there are school assemblies
that could be quite offensive to someone who's got a sincere
religious belief. Why is there no opt out provision there?"
Cassidy: "Well, first of all, as you said, this Bill does not in
any way suggest an assembly of any kind to opt out of.
Ultimately, schools decide what specific actions to take,
what… how they want to implement their policies. And right
now, as we speak, every day parents take their children out
of programming that they find offensive, under the First
Amendment. We restate First Amendment language that was put
there at the request of the folks that are now asking for
this opt out. The First Amendment language covers that need
in a way that… that does the job. Opt out language of this
sort… they are asking is simply unnecessary."
Morrison: "Okay. Thank you. Mr. Speaker, to the Bill. As I said
earlier, obviously, bullying is a serious issue in this state.

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The question is, how do we best address this problem? And I


don’t think this Bill accomplishes what… what we need to
accomplish. But in addition to that, I think there… it has
the potential of serious harm for students who have a sincere
religious belief on why they would not… in terms of
programming at schools. Obviously, this Bill doesn’t mandate
it. But I would just encourage the Body to go to the Illinois
Family Institute website, illinoisfamily.org. There are
videos there of a man named Dan Savage, well known speaker
and author. He's the creator of the 'It Gets Better' program.
And some of his programs, at some of our high schools, around
the country, have just been incredibly offensive and in a
sense, as the speaker, bullying those who disagree with the
content. And for that reason I would urge a 'no' vote on this
Bill."
Speaker Lang: "Representative Conroy for two minutes."
Conroy: "To the Bill. When I was in high school, I was beat up
twice. It wasn’t the physical blows that I was left with,
those were not as painful as the culture of fear that is
created when you're bullied. It is something that traumatizes
a person and it stays with you for life. And for that reason,
having understood what that culture of fear is like, I would
to thank this Representative for this legislation. And I'd
like to encourage a 'yes' vote."
Speaker Lang: "Representative Willis for two minutes."
Willis: "Thank you. To the Bill. Before I was a Legislator, I
was… sat on a school board for 12 years. Part of my
responsibility was to come up with a bullying policy for our
school board when I was on the policy board. This is a great

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Bill. It goes and it brings together all of the components


that are necessary to have a comprehensive bullying policy in
place. Adding into that, evaluating and recording, and making
sure that we have record of how that policy is implemented
and what the outcomes are is truly important for evaluation
purposes. It does no good to have something down on paper if
it's not followed appropriately, if we don’t make sure that
those follow-ups are done. It is tragic and we hear this very
often in the news that someone is beaten up or killed, part
of a bullying policy and a parent comes on and says, I told
the school there was a problem and nobody listened. This will
help us to make sure we don’t hear those things anymore. We'll
have documentation. We'll have data that we can prevent that
from happening. We can make sure that the policies are
followed and that they are implemented where they need to be.
Because of that and because of my past history of making part
of this policy in my own local district, I would urge everyone
to vote 'aye' on this. Thank you very much."
Speaker Lang: "Representative Williams for two minutes."
Williams: "Thank you, Mr. Speaker. Will the Sponsor yield?"
Speaker Lang: "Sponsor yields."
Williams: "Representative, I'm reviewing the list of proponents.
In terms of people that have expertise on children and mental
health regarding children, who is in support of this Bill?"
Cassidy: "Turning to the list. I have worked with the National
Association of Social Workers, the Association of School
Social Workers, the psychologists, the psychiatrists, every
mental health profession is in support of this. This is… this
is based on model law that was actually supported by… by a

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very, very conservative majority in New Jersey. This model


works and it is what our state needs."
Williams: "Well, thank you. I think that’s important to point out
that the overwhelming… I think all the organizations
committed to and with the expertise on mental health are in
support. And the opponent, who's… is there just… I'm reading
only one opponent? The Illinois Family Institute is opposed?"
Cassidy: "They seem to be the most vocal opponent, yes."
Williams: "Okay. Well, I only see one opponent listed. Just FYI,
Family Institute's the only opponent. We've got all the
science on the side of moving forward with a comprehensive
policy. So, I would urge an 'aye' vote."
Speaker Lang: "Mr. Harris. Leader Turner in the Chair."
Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen. You
know, I rise in support of this legislation Simply because
th… no child should ever have to go to school in fear. No
child should ever have to go to school and be diminished
because of who he or she is, or what they believe. That this
is a good, commonsense Bill that will protect all our
children. And it will do it affirmatively. It will do it in
advance. You know, we are all heartsick when we read on the
newspaper, or turn on the TV almost every day now and see
some child who has been bullied because of who they are,
because of what they look like. Whether they're too big,
whether they're too small. No one should have to live like
that. We need to do better for our families. I urge everyone
to vote 'yes' because this will protect all of our children.
Thank you."
Speaker Turner: "Representative Kosel."

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Kosel: "Thank you, Mr. Speaker. We each have analysis that are
written by our staff and they don’t always line up. I just
want to let the Body know that the Republican analysis shows
not only the Illinois Family Institute as opposed to this
Bill, but the School Management Alliance, ED-RED, LEND, SCOPE
and the Illinois High School Districts Association. Thank
you."
Speaker Turner: "Representative Cassidy to close."
Cassidy: "Thank you to all of my colleagues for your questions,
for your words of support. You know, when we were in
committee, we were… we had parents share their heartfelt
stories of… of fear and anguish and heartbreak. Students who…
who were targeted because they were… they had disabilities
and were tortured every day in school. Students who were… who
were tormented because they were bi-racial. I too was bullied,
not for the reason that probably 90 percent of this Body would
suspect I was bullied. Nobody knew I was gay. But they knew
that I loved going to church. They knew that I believed in
God. They knew that I believed that I should have behave in
a certain way for my God. And I got picked on mercilessly for
that, and this Bill protects those very children. I strongly
urge an 'aye' vote."
Speaker Turner: "Representative Currie."
Currie: "Thank you. Please let the record reflect that
Representative Soto is excused for the rest of the day."
Speaker Turner: "The question is, 'Shall House Bill 5707 pass?'
All in favor vote 'aye'; all opposed vote 'nay'. The voting
is open. Have all voted who wish? Have all voted who wish?
Have all voted who wish? Representative DeLuca, Sullivan. Mr.

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Clerk, please take the record. On a count of 64 voting 'yes',


43 voting 'no', 0 voting 'present', House Bill 5707, having
received the Constitutional Majority, is hereby declared
passed. Mr. Clerk, House Bill 4304, Representative Will
Davis. Please read the Bill."
Clerk Hollman: "House Bill 4304, a Bill for an Act concerning
transportation. Third Reading of this House Bill."
Speaker Turner: "Representative Davis."
Davis, W.: "Thank you very much, Mr. Speaker. House Bill 4304 is
an initiative of the Secretary of State's Office. What it's
attempting to do is to clean up the monitoring device driving
permit, or affectionately called MDDP law, to allow offenders
who only injure themselves to qualify for what is called a
BAIID. And BAIID stands for Breath Alcohol Ignition Interlock
Device. Currently, if you get a DUI, and are in an incident
where someone is injured, you cannot qualify for one of the
BAIID devices. This clarifies that if it is a first offense
and you, meaning the driver, is the only one injured, you can
qualify for the BAIID. Be more than happy to answer any
questions."
Speaker Turner: "Seeing no debate, the question is, 'Shall House
Bill 4304 pass?' All in favor vote 'aye'; all opposed vote
'nay'. The voting is open. Have all voted who wish? Have all
voted who wish? Have all voted who wish? Representative
Harms. Mr. Clerk, please take the record. On a count of 71
voting 'yes', 35 voting 'no', 1 voting 'present', House Bill
30… 4304, having received the Constitutional Majority, is
hereby declared passed. Representative Harms, for what reason
do you seek recognition?"

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EXHIBIT H
2013 Ill. HB 4207
FILED DATE: 3/15/2024 11:48 AM 2022L003763

Enacted, August 1, 2014

Reporter
2013 ILL. ALS 801; 2013 Ill. Laws 801; 2013 ILL. P.A. 801; 2013 Ill. HB 4207

ILLINOIS ADVANCE LEGISLATIVE SERVICE > ILLINOIS 98TH GENERAL ASSEMBLY > PUBLIC ACT 98-801
> HOUSE BILL 4207

Notice
Added: Text highlighted in green
Deleted: Red text with a strikethrough

Synopsis

AN ACT concerning education.

Text

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 105 ILCS 5/27-23.7 as follows:
(105 ILCS 5/27-23.7)
Sec. 27-23.7. Bullying prevention.
(a) The General Assembly finds that a safe and civil school environment is necessary for students to learn
and achieve and that bullying causes physical, psychological, and emotional harm to students and
interferes with students” ability to learn and participate in school activities. The General Assembly further
finds that bullying has been linked to other forms of antisocial behavior, such as vandalism, shoplifting,
skipping and dropping out of school, fighting, using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with bullying in schools, the General Assembly
finds that school districts and non-public, non-sectarian elementary and secondary schools should
educate students, parents, and school district or non-public, non-sectarian elementary or secondary
school personnel about what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color, religion, sex, national origin, ancestry, age, marital
status, physical or mental disability, military status, sexual orientation, gender-related identity or
expression, unfavorable discharge from military service, association with a person or group with one or
more of the aforementioned actual or perceived characteristics, or any other distinguishing characteristic
is prohibited in all school districts and non-public, non-sectarian elementary and secondary schools. No
student shall be subjected to bullying:
(1) during any school-sponsored education program or activity;
Page 2 of 3
2013 Ill. HB 4207

(2) while in school, on school property, on school buses or other school vehicles, at designated school
bus stops waiting for the school bus, or at school-sponsored or school-sanctioned events or
activities; or
(3) through the transmission of information from a school computer, a school computer network, or other
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similar electronic school equipment; or .


(4) through the transmission of information from a computer that is accessed at a nonschool-related
location, activity, function, or program or from the use of technology or an electronic device that is
not owned, leased, or used by a school district or school if the bullying causes a substantial disruption
to the educational process or orderly operation of a school. This item (4) applies only in cases in
which a school administrator or teacher receives a report that bullying through this means has
occurred and does not require a district or school to staff or monitor any nonschool-related activity,
function, or program.
(b) In this Section:
“Bullying” includes “cyber-bullying” and means any severe or pervasive physical or verbal act or
conduct, including communications made in writing or electronically, directed toward a student or
students that has or can be reasonably predicted to have the effect of one or more of the following:
(1) placing the student or students in reasonable fear of harm to the student’s or students” person
or property;
(2) causing a substantially detrimental effect on the student’s or students” physical or mental health;
(3) substantially interfering with the student’s or students” academic performance; or
(4) substantially interfering with the student’s or students” ability to participate in or benefit from the
services, activities, or privileges provided by a school.
Bullying, as defined in this subsection (b), may take various forms, including without limitation
one or more of the following: harassment, threats, intimidation, stalking, physical violence, sexual
harassment, sexual violence, theft, public humiliation, destruction of property, or retaliation for
asserting or alleging an act of bullying. This list is meant to be illustrative and non-exhaustive.
“Cyber-bullying” means bullying through the use of technology or any electronic communication,
including without limitation any transfer of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic system,
photoelectronic system, or photooptical system, including without limitation electronic mail,
Internet communications, instant messages, or facsimile communications. “Cyber-bullying”
includes the creation of a webpage or weblog in which the creator assumes the identity of another
person or the knowing impersonation of another person as the author of posted content or
messages if the creation or impersonation creates any of the effects enumerated in the definition
of bullying in this Section. “Cyber-bullying” also includes the distribution by electronic means of
a communication to more than one person or the posting of material on an electronic medium
that may be accessed by one or more persons if the distribution or posting creates any of the
effects enumerated in the definition of bullying in this Section.
“School personnel” means persons employed by, on contract with, or who volunteer in a school
district or non-public, non-sectarian elementary or secondary school, including without limitation
school and school district administrators, teachers, school guidance counselors, school social
workers, school counselors, school psychologists, school nurses, cafeteria workers, custodians,
bus drivers, school resource officers, and security guards.
(c) (Blank).
(d) Each school district and non-public, non-sectarian elementary or secondary school shall create and
maintain a policy on bullying, which policy must be filed with the State Board of Education. The policy or
implementing procedure shall include a process to investigate whether a reported act of bullying is within
Page 3 of 3
2013 Ill. HB 4207

the permissible scope of the district’s or school’s jurisdiction and shall require that the district or school
provide the victim with information regarding services that are available within the district and community,
such as counseling, support services, and other programs. Each school district and non-public, non-
sectarian elementary or secondary school must communicate its policy on bullying to its students and
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their parent or guardian on an annual basis. The policy must be updated every 2 years and filed with the
State Board of Education after being updated. The State Board of Education shall monitor the
implementation of policies created under this subsection (d).
(e) This Section shall not be interpreted to prevent a victim from seeking redress under any other available
civil or criminal law. Nothing in this Section is intended to infringe upon any right to exercise free
expression or the free exercise of religion or religiously based views protected under the First
Amendment to the United States Constitution or under Section 3 or 4 of Article 1 of the Illinois
Constitution.
(Source: P.A. 95-198, eff. 1-1-08; 95-349, eff. 8-23-07; 95-876, eff. 8-21-08; 96-952, eff. 6-28-10.)

Section 99. Effective date.


This Act takes effect January 1, 2015.

History

Approved by the Governor August 1, 2014


Effective date: January 1, 2015

Sponsor
Fine

ILLINOIS ADVANCE LEGISLATIVE SERVICE


Copyright © 2023 LexisNexis. All rights reserved.

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Clerk Hollman: "House Perfunctory Session will come to order.


Introduction of Resolutions. House Joint Resolution 89,
offered by Representative Ford, is referred to the Rules
Committee. Committee Reports. Representative Barbara Flynn
Currie, Chairperson from the Committee on Rules reports the
following committee action taken on April 10, 2014:
recommends be adopted for the floor is Floor Amendment #2 to
House Bill 802, Floor Amendment #4 to House Bill 3820, Floor
Amendments 3 and 4 to House Bill 4075, Floor Amendment #3 to
House Bill 4094, Floor Amendment #1 to House Bill 4558, Floor
Amendment #3 to House Bill 5567, Floor Amendment #1 to House
Bill 5660."
Speaker Lang: "The House will be in order. Members will please be
in their chairs. We shall be led in prayer today by Dr. Casey
Tygrett, who is with Parkview Church in Orland Park. Dr.
Tygrett is the guest of Representative Kosel. Members and
guest are asked to refrain from stating their laptops, turn
off cell phones, and rise for the invocation and Pledge of
Allegiance. Dr. Tygrett."
Dr. Tygrett: "Would you pray with me? God, today is sacred. It's
sacred because this day will never happen again. It's sacred
and unique in its simplicity, in its individuality and in the
miracle of our simple presence here. Our words and our
actions, our attitudes will never be repeated. We have this
day. This day that You have created. This day that You have
given us, so may we use it well. May we use it with wisdom
and grace and humility. May we use it for the sake of those
we represent. May we use it for the sake of those who cannot
speak for themselves, for the poor and the oppressed and the

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Lori's having a birthday today, but not a baby. Happy


birthday."
Speaker Turner: "Happy birthday, Lori. Representative Osmond, for
what reason do you seek recognition?"
Osmond: "Thank you, Mr. Speaker. Will you have the record reflect
that Representative Brady is excused for the rest of the day."
Speaker Turner: "Thank you, Representative. House Bill 4207,
Representative Fine. Mr. Clerk, please read the Bill."
Clerk Hollman: "House Bill 4207, a Bill for an Act concerning
education. Third Reading of this House Bill."
Speaker Turner: "Representative Fine."
Fine: "Thank you, Mr. Speaker. 4207 addresses the issue of
cyberbullying. Cyberbullying is an issue that's impacting our
students with bullying, no longer on school property, but
actually in the privacy of their own home, on social media,
through text messages. And we're finding that this is having
devastating effects on children. As we know that right now in
the State of Illinois, every school has to have a bullying
policy and procedure in place, but they can only enact that
procedure if the incident happens on school property or with
school property. What this Bill says is although a school
cannot monitor outside activities, if an incident of bullying
is brought to the school's attention and the school says that
it… it is within their purview, then they can enact the curry…
current bullying policy that they already have in place. If
they find it's not in their purview, they can direct that
person or that family where to go so they can find the help
that is needed. And I ask for your 'aye' vote."
Speaker Turner: "Representative Sandack."

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Sandack: "Will the Sponsor yield, please?"


Speaker Turner: "Sponsor will yield."
Sandack: "Laura, we had a nice chance to talk about this and I…
I am impressed by your efforts on what you want to do. I have
a couple questions. First, has law enforcement weighed in on
this, and if not, have you sought the opinion of law
enforcement, with respect to the confines and parameters of
your Bill?"
Fine: "I have not discussed this with law enforcement. Right now,
all a family can do if their child is being bullied on social
media, is go to law enforcement for help. This gives the
family another avenue. It's not saying that they can't seek
the help of law enforcement, it's saying they can try to go
to the school first to see if they can get the tools that
they need there."
Sandack: "Well, I certainly appreciate that. And I understand you
want to be a little expansive. My concerns, and I think the
concerns of others, is that maybe fine line between what
happens outside school and then all of a sudden bringing
school into the equation, where, frankly, law enforcement is
better suited to address the matter. So, please explain to
me, if you can, how it is a school board or a school principal
is supposed to differentiate from something that’s totally
unrelated to school activity and then them becoming involved
in the process?"
Fine: "And that’s already in the bullying policy that’s in place
for the school. They have a series of questions to ask to
find out if this is affecting the student's performance in
school. If the child is no longer coming to school, if they're

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afraid to come to school, it has to affect what’s happening


to that child on school property. Because even though the
bullying might be taking place outside of school property,
they're still facing their bully at school and how are… how
is that impacting their performance and their ability to
learn."
Sandack: "Moving on a little bit. I… I see some of the opponents
and the ACLU is one of them, and I suspect they're objection
has to do with free speech in some potential unintended
consequences that may be involved with your legislation. Have
you had a chance to talk with them, and what is the crux of
their continuing opposition?"
Fine: "From the conversations I've had, their main concern is
that the freedom of speech of the person who is doing the
bullying."
Sandack: "Well, can you elaborate a little more on that? Because
obviously that doesn’t necessarily suit… sit well. But at the
same time, they're obviously concerned that there is
overreach involved in your legislation, I assume."
Fine: "That’s not the conversation I had with them. It was only
the reason of freedom of speech of the person who was saying
the information on the social media that… that we had
discussed."
Sandack: "Okay. To the Bill, Mr. Speaker. I… I'm impressed with
the Sponsor's efforts and intentions. I just caution that we…
we're seeking to expand something that may be beyond the
parameters of school. Bullying at school, we've heard another
measure, is something within the confines and parameters of
the school, within their jurisdiction, and frankly, it's

09800119.docx 77
STATE OF ILLINOIS
98th GENERAL ASSEMBLY
HOUSE OF REPRESENTATIVES
TRANSCRIPTION DEBATE
FILED DATE: 3/15/2024 11:48 AM 2022L003763

119th Legislative Day 4/10/2014

their responsibility. Extending that beyond, I think pinches


local law enforcement, potentially harms free speech and
expands the universe of this situation where it may be only
in the confine of local police authority. So, I urge some
caution on this vote. Thank you."
Speaker Turner: "Representative Fine to close."
Fine: "Again, this is something that’s happening to our children.
We've seen the devastating effects of cyberbullying because
once a message gets out there on social media, we don’t know
how many people it's going to reach. And unfortunately, we've
seen victims of cyberbullying have to change schools. We've
seen the very devastating effects of suicide as a reside…
result of cyberbullying. This is an issue that’s going on in
other states. We've seen about a dozen other states pass
similar policies and this is really victims' rights because
if a child cannot learn in school because of something that
is taking place, we need the school to be able to have the
ability to either help a student in the school or guide them
where to go outside of the school. And I ask for your support
for this, for the victims who are the victims of bullying.
Please, an 'aye' vote."
Speaker Turner: "The question is, 'Shall House Bill 4207 pass?'
All in favor vote 'aye'; all opposed vote 'nay'. The voting
is open. Have all voted who wish? Have all voted who wish?
Have all voted who wish? Mr. Clerk, please take the record.
On the count of 85 voting 'yes', 21 voting 'no', 0 voting
'present'. House Bill 4207, having received the
Constitutional Majority, is hereby declared passed. House

09800119.docx 78

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