State of Illinois
90th General Assembly
Legislation

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90_HB3577

      105 ILCS 5/10-22.6        from Ch. 122, par. 10-22.6
          Amends the School  Code.   Makes  changes  of  style  and
      punctuation  and adds a gender neutral reference to a Section
      of the School Code relating to the suspension or expulsion of
      pupils.
                                                     LRB9011217THpk
                                               LRB9011217THpk
 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    10-22.6.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  School  Code  is  amended  by  changing
 6    Section 10-22.6 as follows:
 7        (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
 8        Sec.  10-22.6.  Suspension or expulsion of pupils; school
 9    searches.
10        (a)  To expel pupils  guilty  of  gross  disobedience  or
11    misconduct,  and  no  action  shall lie against them for such
12    expulsion. Expulsion shall take place only after the  parents
13    have  been  requested to appear at a meeting of the board, or
14    with a hearing officer appointed by the board it, to  discuss
15    their  child's  behavior.  Such  request  shall  be  made  by
16    registered  or certified mail and shall state the time, place
17    and purpose of the meeting. The board, or a  hearing  officer
18    appointed  by it, at such meeting shall state the reasons for
19    dismissal and the date on which the expulsion  is  to  become
20    effective.  If a hearing officer is appointed by the board he
21    or she shall report to the board a  written  summary  of  the
22    evidence  heard  at  the meeting, and the board may take such
23    action thereon as it finds appropriate.
24        (b)  To  suspend  or  by  regulation  to  authorize   the
25    superintendent  of  the  district or the principal, assistant
26    principal, or dean of  students  of  any  school  to  suspend
27    pupils  guilty  of  gross  disobedience  or misconduct, or to
28    suspend pupils guilty of gross disobedience or misconduct  on
29    the  school  bus  from  riding  the school bus, and no action
30    shall lie against them for such suspension. The board may  by
31    regulation  authorize  the  superintendent of the district or
                            -2-                LRB9011217THpk
 1    the principal, assistant principal, or dean  of  students  of
 2    any school to suspend pupils guilty of such acts for a period
 3    not  to exceed 10 school days. If a pupil is suspended due to
 4    gross disobedience or misconduct on a school bus,  the  board
 5    may  suspend the pupil in excess of 10 school days for safety
 6    reasons.  Any suspension shall be reported immediately to the
 7    parents or guardian of such pupil along with a full statement
 8    of the reasons for such suspension  and  a  notice  of  their
 9    right  to  a  review,  a  copy of which shall be given to the
10    school board. Upon request of the  parents  or  guardian  the
11    school  board  or  a  hearing  officer  appointed by it shall
12    review  such  action  of  the  superintendent  or  principal,
13    assistant principal, or dean of students.  At such review the
14    parents or guardian of the pupil may appear and  discuss  the
15    suspension  with  the  board  or  its  hearing  officer. If a
16    hearing officer is appointed by the board he shall report  to
17    the  board  a  written  summary  of the evidence heard at the
18    meeting. After its hearing or upon  receipt  of  the  written
19    report of its hearing officer, the board may take such action
20    as it finds appropriate.
21        (c)  The Department of Human Services shall be invited to
22    send  a  representative  to  consult  with  the board at such
23    meeting whenever there is evidence that mental illness may be
24    the cause for expulsion or suspension.
25        (d)  The board may expel a student for a definite  period
26    of  time  not  to exceed 2 calendar years, as determined on a
27    case by case basis.  A student  who  is  determined  to  have
28    brought  a weapon to school, any school-sponsored activity or
29    event, or any activity or  event  which  bears  a  reasonable
30    relationship  to school shall be expelled for a period of not
31    less than one year, except that the expulsion period  may  be
32    modified  by the board on a case by case basis.  For purposes
33    of this Section, the term  "weapon"  means  possession,  use,
34    control  or transfer of any object which may be used to cause
                            -3-                LRB9011217THpk
 1    bodily harm, including but not limited to a weapon as defined
 2    by Section 921 of Title 18, United States  Code,  firearm  as
 3    defined  in  Section 1.1 of the Firearm Owners Identification
 4    Act, use of weapon as defined in Section 24-1 of the Criminal
 5    Code,  knives,  guns,  firearms,  rifles,   shotguns,   brass
 6    knuckles,  billy clubs, or "look-alikes" thereof.  Such items
 7    as baseball bats, pipes, bottles, locks, sticks, pencils, and
 8    pens may be considered weapons if used  or  attempted  to  be
 9    used  to cause bodily harm.  Expulsion or suspension shall be
10    construed in a manner consistent with the Federal Individuals
11    with Disabilities Education Act. A student who is subject  to
12    suspension  or  expulsion  as provided in this Section may be
13    eligible for a transfer to an alternative school  program  in
14    accordance   with  Article  13A  of  the  School  Code.   The
15    provisions  of  this  subsection  (d)  apply  in  all  school
16    districts, including special charter districts and  districts
17    organized under Article 34.
18        (e)  To  maintain  order  and  security  in  the schools,
19    school authorities may inspect and search  places  and  areas
20    such  as  lockers,  desks,  parking  lots,  and  other school
21    property and equipment owned or controlled by the school,  as
22    well  as  personal  effects left in those places and areas by
23    students, without notice to or the consent  of  the  student,
24    and  without a search warrant.  As a matter of public policy,
25    the General Assembly finds that students have  no  reasonable
26    expectation  of privacy in these places and areas or in their
27    personal effects left in  these  places  and  areas.   School
28    authorities  may  request  the  assistance of law enforcement
29    officials for  the  purpose  of  conducting  inspections  and
30    searches  of  lockers,  desks, parking lots, and other school
31    property and equipment owned or controlled by the school  for
32    illegal   drugs,  weapons,  or  other  illegal  or  dangerous
33    substances or materials, including searches conducted through
34    the use of specially trained dogs.  If a search conducted  in
                            -4-                LRB9011217THpk
 1    accordance  with  this  Section  produces  evidence  that the
 2    student has violated or is violating either  the  law,  local
 3    ordinance,  or  the school's policies or rules, such evidence
 4    may be seized by school authorities, and disciplinary  action
 5    may  be  taken.   School  authorities may also turn over such
 6    evidence to law enforcement authorities.  The  provisions  of
 7    this  subsection (e) apply in all school districts, including
 8    special  charter  districts  and  districts  organized  under
 9    Article 34.
10        (f)  Suspension or expulsion may  include  suspension  or
11    expulsion  from  school  and  all  school  activities  and  a
12    prohibition from being present on school grounds.
13    (Source:  P.A.  89-371,  eff.  1-1-96;  89-507,  eff. 7-1-97;
14    89-610, eff. 8-6-96; P.A. 90-14, eff.  7-1-97;  90-548,  eff.
15    1-1-98.)

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