TITLE 89: SOCIAL SERVICES
CHAPTER IV: DEPARTMENT OF HUMAN SERVICES
SUBCHAPTER f: EDUCATIONAL FACILITIES
PART 827 RULES OF CONDUCT, DISCIPLINE, SUSPENSION AND DISCHARGE PROCEDURES
SECTION 827.30 DISCIPLINARY ACTIONS
Section 827.30 Disciplinary Actions
a) Disciplinary actions may be issued by school staff, as set forth in this Section and in accordance with Section 827.10. No teacher or staff member may use corporal punishment of any form, and may not in any way physically, verbally, emotionally or sexually abuse students.
b) A review of the recommended discipline shall be completed to determine if a behavior management plan is in effect, or if one is needed prior to any disciplinary action being taken.
1) A behavior management plan shall not be developed for items listed in subsections (c)(1) through (4).
2) A behavior management plan shall only be developed for serious infractions.
3) If the student has a behavior management plan, the Individualized Education Plan (IEP) team shall meet to review the plan and its implementation, and modify the plan and its implementation as necessary.
4) IEP meetings shall be held 10 working days prior to any discipline involving a change in placement or suspensions of more than 10 days in the aggregate for a School year.
5) 89 Ill. Adm. Code 830.150 (Behavior Intervention) identifies behavior intervention techniques that may be utilized.
c) The following disciplinary actions may be issued by School staff:
1) Counseling – Any staff person working directly with students may discuss a relatively uncomplicated matter with a student. Ongoing or complex counseling requiring specialized professional skills must be reported to the supervisor, who will make the appropriate referral and who will inform the Superintendent via chain of command.
2) Verbal reprimand – A verbal reprimand may be issued by the supervisor for any inappropriate behavior when behavior is not consistent with School policy or acceptable conduct.
3) Written reprimand – A written reprimand can be issued by education, dormitory and administrative staff if they observe the student in activities that warrant such action.
4) Referral to principal's office – Teachers may send a student who is disruptive to the principal's office during the class period. The principal will take action based upon the teacher's referral and will decide upon further discipline, if appropriate.
5) Retention after School – A teacher may retain a student for up to one hour a day for 3 days per School year without approval of the teacher's supervisor.
6) Detentions – Teachers may refer students for detentions to their respective principal or his or her designee. The principal will review the matter and determine if and when a detention is assigned to a student.
7) Withdrawal of Privileges – Privileges, such as social activities, may be withdrawn by appropriate staff and/or School administrators based upon the seriousness of the student's infractions.
8) Contract – A contract is a written agreement that the student, educator and administrator compose together with the goal of modifying the student's behavior within a designated time period.
9) Schedule change – Staff working directly with a student may recommend schedule changes that they believe will help resolve a disciplinary problem and will benefit the involved students. The changes may not be made without the prior written approval of the principal and the supervisor of residential care.
10) Restriction to campus – A student may be restricted to campus with the prior approval of:
A) the principal or the supervisor of residential care, depending upon where and when the infraction occurred, if the recommended period of the restriction does not exceed one week;
B) the Superintendent if the recommended period of restriction is over one week; however, this authority may not be delegated if the recommended restriction is 2 weeks or more.
11) Structured study – A guided after school instructional program in which students complete classroom assignments.
12) Selective isolation – A guided instructional program, conducted in a setting away from other students, but during the school day, designed to help students concentrate on their academic program and at the same time receive counseling and an education time block focusing on the particular infraction that occurred. This disciplinary alternative to suspension must be approved by the Superintendent prior to implementation.
A) Residential care staff or their supervisors may recommend to the Superintendent the suspension of a student from the dormitory but not from the School for a specific number of days, but the suspension shall not become effective until the Superintendent has:
i) held an in-house Eligibility Review (ER) to determine whether that action is appropriate in relation to the disciplinary infraction;
ii) held a discussion with the student's parents or guardians and has determined that an appropriate alternative living arrangement will be made by the parents or guardians for the student during the period of the suspension;
iii) notified the DHS-DRS Director, or his or her designee, of the pending action and the reasons for it; and
iv) notified the local school district of the pending action.
B) If the IEP contains residential components, an IEP meeting must be held prior to implementation of disciplinary action.
14) Expulsion from the dormitory but not from the School – Residential care staff or their supervisors may recommend to the Superintendent the expulsion of a student from the dormitory, but not from the School, but the expulsion shall not become effective until the Superintendent has reviewed all relevant facts and has:
A) held an in-house ER to determine whether that action is appropriate in relation to the disciplinary infraction;
B) held discussions with the parents or guardians and determined that they will provide an appropriate, permanent, alternative living arrangement for the student;
C) discussed the legal implications with the DHS Legal Unit;
D) received prior approval for the action from the DHS-DRS Director or his or her designee;
E) notified the local school district of the parent or guardian and student's residence of the pending action; and
F) revised the student's IEP.
15) Suspension from School – The suspension shall not become effective until the Superintendent has reviewed all relevant facts and has notified the parents or guardians by telephone.
A) The phone call shall be followed by written notification sent to the parents or guardians, with a copy sent to the local school district.
B) Notification must be made within 10 school days from the date of completion of the review.
16) Expulsion from School – Expulsion from the School can only be done with the prior approval of the Director of DHS-ORS.
A) Change of placement will only be used for cases of serious infractions that pose a significant threat to the safety or rights of the student or others.
B) The student can be immediately suspended for up to 10 days pending an investigation of the situation by the Superintendent.
d) The DHS-DRS Director or designee must expel a student who brings a gun or dangerous weapon on campus and the expulsion shall take effect immediately as required by the Gun Free Schools Act (20 USC 8921) and Section 10-22.6 of the School Code [105 ILCS 5].
(Source: Amended at 38 Ill. Reg. 20215, effective October 8, 2014)