Bill Number: HB 4379
Subject: Student Sexual Assault
Sponsor: Yousef Rabhi
MASA Position:

Description: Requires schools take certain actions regarding pupils who report sexual assault; prohibits expelling students who have reported a sexual assault except under certain circumstances. House Bill 4379 would amend the Revised School Code to prohibit the board of a school district or intermediate school district (ISD) or board of directors of a public school academy (PSA, or charter school) from taking certain actions toward a student for the student’s actions arising out of an incident in which the student reported, or a school official or staff member witnessed or received credible evidence that the student experienced a sexual assault. In those instances, the board or board of directors would not be allowed to expel the student, or suspend the student for more than 10 school days, for actions the student took during the incident of sexual assault. The bill would encourage a board or board of directors to follow the recommendations of its Title IX coordinator in deciding whether to expel or suspend such a student. Under the bill, sexual assault is defined as constituting criminal sexual conduct (CSC) in the first, second, third, or fourth-degree or assault with intent to commit CSC in the first, second, or third degree. The bill would not apply if the student is convicted of, pleads guilty to, pleads responsible for, or is adjudicated responsible for aggravated assault, felonious assault, assault with intent to commit murder, assault with intent to do great bodily harm, assault with intent to maim, attempted murder, homicide, or manslaughter, or one of the offenses defined as sexual assault, above. It would also not apply if the student possessed a dangerous weapon in a weapon-free school zone or a completed Title IX investigation determined by clear and convincing evidence that the report of sexual assault is conclusively false.

Position Notes:
Position Date:
Bill Status: Introduced (3/14/2019; Referred to Committee on Judiciary)
PA Number: NA
HB4379 link