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Full Text of HB3281  97th General Assembly

HB3281 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3281

 

Introduced 2/24/2011, by Rep. Sidney H. Mathias - Sandra M. Pihos - Darlene J. Senger - David Harris - John D. Cavaletto, et al.

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6

    Amends the School Code. Provides that the gross disobedience or misconduct for which a school board (except Chicago) may expel pupils includes that perpetuated by electronic means. Provides that a school board (including Chicago) may suspend or by regulation authorize the superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend a student for a certain period of time or may expel a student for a definite period of time if (i) that student has been determined to have made an explicit threat on an Internet website against a school employee, a student, or any school-related personnel, (ii) the Internet website through which the threat was made is a site that was accessible within the school at the time the threat was made or was available to third parties who worked or studied within the school grounds at the time the threat was made, and (iii) the threat could be reasonably interpreted as threatening to the safety and security of the threatened individual because of his or her duties or employment status or status as a student inside the school.


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A BILL FOR

 

HB3281LRB097 08251 NHT 48377 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-22.6 as follows:
 
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    Sec. 10-22.6. Suspension or expulsion of pupils; school
8searches.
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, and no action shall lie
12against them for such expulsion. Expulsion shall take place
13only after the parents have been requested to appear at a
14meeting of the board, or with a hearing officer appointed by
15it, to discuss their child's behavior. Such request shall be
16made by registered or certified mail and shall state the time,
17place and purpose of the meeting. The board, or a hearing
18officer appointed by it, at such meeting shall state the
19reasons for dismissal and the date on which the expulsion is to
20become effective. If a hearing officer is appointed by the
21board he shall report to the board a written summary of the
22evidence heard at the meeting and the board may take such
23action thereon as it finds appropriate.

 

 

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1    (b) To suspend or by policy to authorize the superintendent
2of the district or the principal, assistant principal, or dean
3of students of any school to suspend pupils guilty of gross
4disobedience or misconduct, or to suspend pupils guilty of
5gross disobedience or misconduct on the school bus from riding
6the school bus, and no action shall lie against them for such
7suspension. The board may by policy authorize the
8superintendent of the district or the principal, assistant
9principal, or dean of students of any school to suspend pupils
10guilty of such acts for a period not to exceed 10 school days.
11If a pupil is suspended due to gross disobedience or misconduct
12on a school bus, the board may suspend the pupil in excess of
1310 school days for safety reasons. Any suspension shall be
14reported immediately to the parents or guardian of such pupil
15along with a full statement of the reasons for such suspension
16and a notice of their right to a review. The school board must
17be given a summary of the notice, including the reason for the
18suspension and the suspension length. Upon request of the
19parents or guardian the school board or a hearing officer
20appointed by it shall review such action of the superintendent
21or principal, assistant principal, or dean of students. At such
22review the parents or guardian of the pupil may appear and
23discuss the suspension with the board or its hearing officer.
24If a hearing officer is appointed by the board he shall report
25to the board a written summary of the evidence heard at the
26meeting. After its hearing or upon receipt of the written

 

 

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1report of its hearing officer, the board may take such action
2as it finds appropriate.
3    (c) The Department of Human Services shall be invited to
4send a representative to consult with the board at such meeting
5whenever there is evidence that mental illness may be the cause
6for expulsion or suspension.
7    (d) The board may expel a student for a definite period of
8time not to exceed 2 calendar years, as determined on a case by
9case basis. A student who is determined to have brought one of
10the following objects to school, any school-sponsored activity
11or event, or any activity or event that bears a reasonable
12relationship to school shall be expelled for a period of not
13less than one year:
14        (1) A firearm. For the purposes of this Section,
15    "firearm" means any gun, rifle, shotgun, weapon as defined
16    by Section 921 of Title 18 of the United States Code,
17    firearm as defined in Section 1.1 of the Firearm Owners
18    Identification Card Act, or firearm as defined in Section
19    24-1 of the Criminal Code of 1961. The expulsion period
20    under this subdivision (1) may be modified by the
21    superintendent, and the superintendent's determination may
22    be modified by the board on a case-by-case basis.
23        (2) A knife, brass knuckles or other knuckle weapon
24    regardless of its composition, a billy club, or any other
25    object if used or attempted to be used to cause bodily
26    harm, including "look alikes" of any firearm as defined in

 

 

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1    subdivision (1) of this subsection (d). The expulsion
2    requirement under this subdivision (2) may be modified by
3    the superintendent, and the superintendent's determination
4    may be modified by the board on a case-by-case basis.
5Expulsion or suspension shall be construed in a manner
6consistent with the Federal Individuals with Disabilities
7Education Act. A student who is subject to suspension or
8expulsion as provided in this Section may be eligible for a
9transfer to an alternative school program in accordance with
10Article 13A of the School Code. The provisions of this
11subsection (d) apply in all school districts, including special
12charter districts and districts organized under Article 34.
13    (d-5) The board may suspend or by regulation authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend a
16student for a period not to exceed 10 school days or may expel
17a student for a definite period of time not to exceed 2
18calendar years, as determined on a case by case basis, if (i)
19that student has been determined to have made an explicit
20threat on an Internet website against a school employee, a
21student, or any school-related personnel, (ii) the Internet
22website through which the threat was made is a site that was
23accessible within the school at the time the threat was made or
24was available to third parties who worked or studied within the
25school grounds at the time the threat was made, and (iii) the
26threat could be reasonably interpreted as threatening to the

 

 

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1safety and security of the threatened individual because of his
2or her duties or employment status or status as a student
3inside the school. The provisions of this subsection (d-5)
4apply in all school districts, including special charter
5districts and districts organized under Article 34 of this
6Code.
7    (e) To maintain order and security in the schools, school
8authorities may inspect and search places and areas such as
9lockers, desks, parking lots, and other school property and
10equipment owned or controlled by the school, as well as
11personal effects left in those places and areas by students,
12without notice to or the consent of the student, and without a
13search warrant. As a matter of public policy, the General
14Assembly finds that students have no reasonable expectation of
15privacy in these places and areas or in their personal effects
16left in these places and areas. School authorities may request
17the assistance of law enforcement officials for the purpose of
18conducting inspections and searches of lockers, desks, parking
19lots, and other school property and equipment owned or
20controlled by the school for illegal drugs, weapons, or other
21illegal or dangerous substances or materials, including
22searches conducted through the use of specially trained dogs.
23If a search conducted in accordance with this Section produces
24evidence that the student has violated or is violating either
25the law, local ordinance, or the school's policies or rules,
26such evidence may be seized by school authorities, and

 

 

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1disciplinary action may be taken. School authorities may also
2turn over such evidence to law enforcement authorities. The
3provisions of this subsection (e) apply in all school
4districts, including special charter districts and districts
5organized under Article 34.
6    (f) Suspension or expulsion may include suspension or
7expulsion from school and all school activities and a
8prohibition from being present on school grounds.
9    (g) A school district may adopt a policy providing that if
10a student is suspended or expelled for any reason from any
11public or private school in this or any other state, the
12student must complete the entire term of the suspension or
13expulsion before being admitted into the school district. This
14policy may allow placement of the student in an alternative
15school program established under Article 13A of this Code, if
16available, for the remainder of the suspension or expulsion.
17This subsection (g) applies to all school districts, including
18special charter districts and districts organized under
19Article 34 of this Code.
20(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)