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Full Text of HB3281  97th General Assembly

HB3281eng 97TH GENERAL ASSEMBLY



 


 
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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 Sections
510-22.6 and 34-19 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.)
 
21    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
22    Sec. 34-19. By-laws, rules and regulations; business
23transacted at regular meetings; voting; records. The board
24shall, subject to the limitations in this Article, establish
25by-laws, rules and regulations, which shall have the force of

 

 

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1ordinances, for the proper maintenance of a uniform system of
2discipline for both employees and pupils, and for the entire
3management of the schools, and may fix the school age of
4pupils, the minimum of which in kindergartens shall not be
5under 4 years, except that, based upon an assessment of the
6child's readiness, children who have attended a non-public
7preschool and continued their education at that school through
8kindergarten, were taught in kindergarten by an appropriately
9certified teacher, and will attain the age of 6 years on or
10before December 31 of the year of the 2009-2010 school term and
11each school term thereafter may attend first grade upon
12commencement of such term, and in grade schools shall not be
13under 6 years. It may expel, suspend or, subject to the
14limitations of all policies established or adopted under
15Section 14-8.05, otherwise discipline any pupil found guilty of
16gross disobedience, misconduct or other violation of the
17by-laws, rules and regulations, including gross disobedience
18or misconduct perpetuated by electronic means. The bylaws,
19rules and regulations of the board shall be enacted, money
20shall be appropriated or expended, salaries shall be fixed or
21changed, and textbooks, electronic textbooks, and courses of
22instruction shall be adopted or changed only at the regular
23meetings of the board and by a vote of a majority of the full
24membership of the board; provided that notwithstanding any
25other provision of this Article or the School Code, neither the
26board or any local school council may purchase any textbook for

 

 

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1use in any public school of the district from any textbook
2publisher that fails to furnish any computer diskettes as
3required under Section 28-21. Funds appropriated for textbook
4purchases must be available for electronic textbook purchases
5and the technological equipment necessary to gain access to and
6use electronic textbooks at the local school council's
7discretion. The board shall be further encouraged to provide
8opportunities for public hearing and testimony before the
9adoption of bylaws, rules and regulations. Upon all
10propositions requiring for their adoption at least a majority
11of all the members of the board the yeas and nays shall be
12taken and reported. The by-laws, rules and regulations of the
13board shall not be repealed, amended or added to, except by a
14vote of 2/3 of the full membership of the board. The board
15shall keep a record of all its proceedings. Such records and
16all by-laws, rules and regulations, or parts thereof, may be
17proved by a copy thereof certified to be such by the secretary
18of the board, but if they are printed in book or pamphlet form
19which are purported to be published by authority of the board
20they need not be otherwise published and the book or pamphlet
21shall be received as evidence, without further proof, of the
22records, by-laws, rules and regulations, or any part thereof,
23as of the dates thereof as shown in such book or pamphlet, in
24all courts and places where judicial proceedings are had.
25    Notwithstanding any other provision in this Article or in
26the School Code, the board may delegate to the general

 

 

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1superintendent or to the attorney the authorities granted to
2the board in the School Code, provided such delegation and
3appropriate oversight procedures are made pursuant to board
4by-laws, rules and regulations, adopted as herein provided,
5except that the board may not delegate its authorities and
6responsibilities regarding (1) budget approval obligations;
7(2) rule-making functions; (3) desegregation obligations; (4)
8real estate acquisition, sale or lease in excess of 10 years as
9provided in Section 34-21; (5) the levy of taxes; or (6) any
10mandates imposed upon the board by "An Act in relation to
11school reform in cities over 500,000, amending Acts herein
12named", approved December 12, 1988 (P.A. 85-1418).
13(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)